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Governor Ayotte, the New Hampshire Supreme Court Acted in Bad Faith

The people of New Hampshire deserve a judiciary that adheres faithfully to the law and Constitution, not one that manipulates results.

PRESS RELEASE / OPEN LETTER

FOR IMMEDIATE RELEASE
To: Governor Kelly Ayotte
From: Jeffrey Clay, Pasco County Resident & Litigant
Re: Call for Impeachment Proceedings Against New Hampshire Supreme Court Justices
Date: August 22, 2025

Governor Ayotte, the New Hampshire Supreme Court Acted in Bad Faith

I am calling on Governor Kelly Ayotte to immediately investigate and pursue impeachment proceedings against members of the New Hampshire Supreme Court who, in my case against the Town of Newmarket, acted in bad faith and violated both the Constitution and their sworn duties.
The Supreme Court has consistently held:

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“We review a trial court’s application of summary judgment de novo. Summary judgment is appropriate when the pleadings and evidence, viewed in the light most favorable to the nonmoving party, show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.”


Yet in my appeal, the justices abandoned this standard. Judge Schulman himself acknowledged that genuine disputes of material fact existed. Those disputes required resolution by a jury — not dismissal by judicial fiat. By upholding summary judgment despite these unresolved disputes, the Court stripped me of my constitutional right to a trial by jury under Part I, Article 20 of the New Hampshire Constitution.

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Worse still, the justices ignored their own controlling precedents, including Powers v. School Administrative Unit No. 52, Claremont, and Stone v. Claremont, which established that fundamental rights such as the Right-to-Know under Part I, Article 8 cannot be bargained away. Their refusal to apply these precedents undermines not only my case but the public’s constitutional protections.
This was not error. This was deliberate misconduct. The justices had the law, the record, and their own precedents before them. They chose to ignore all three. In doing so, they violated their oath of office and acted in bad faith against a citizen of this state.

A Call for Accountability

When the highest court manipulates outcomes and disregards its own legal standards, public trust collapses. If the justices are not held accountable, then no citizen of New Hampshire can rely on the courts for justice.
For this reason, I call upon Governor Ayotte to:

  • Initiate investigations into the actions of the justices in my case;
  • Pursue impeachment proceedings where warranted;
  • Affirm to the public that constitutional rights in New Hampshire are not optional and not subject to judicial convenience.

The people of New Hampshire deserve a judiciary that adheres faithfully to the law and Constitution, not one that manipulates results at the expense of citizens who dare to demand accountability.

Respectfully submitted,

Jeffrey Clay
jeffreytclay@gmail.com

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