New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi has informed her colleagues she will not be participating in or ruling on cases that come to the court between now and her mandatory retirement date in February.
Her decision allows the court to avoid the problematic position of having a justice convicted of misusing her position ruling on criminal cases.
“I would like to officially notify the Court of my decision to curtail my participation in certain judicial functions in advance of my retirement, which will take effect upon my reaching the mandatory retirement age on February 12, 2026,” Hantz Marconi said in a letter.
“As of November 1, 2025, I will no longer participate in case assignments, deliberations, or judicial decision-making. During the remainder of my tenure, I intend to focus on supporting the internal administrative matters and functions for the Court.”
Last month, Hantz Marconi pleaded nolo contendere and was found guilty of one count of criminal solicitation of misuse of position, a Class B misdemeanor. The charge stemmed from her actions regarding her husband, Geno Marconi’s, criminal case involving his actions as the state’s Division of Ports and Harbors director. He was also convicted of a misdemeanor.
Court watchers were stunned when Attorney General John Formella agreed to a plea deal with Hantz Marconi that allowed her to return to the bench within days of her conviction.
Confronted with news that the woman he prosecuted would likely be back on the bench 48 hours later, Formella said, “It’s not a decision we were aware would happen.”
In her letter, Hantz Marconi acknowledged the uncomfortable situation the court is in.
“I recognize that events of the past year have had an impact on the work of the Court, and I regret that disruption,” she wrote. “Despite the challenges, it has been the greatest honor of my professional life to serve as a justice of this Court. I remain committed to assisting the Court in any way that promotes its continued effectiveness and integrity.”
Critics of Hantz Marconi will be frustrated that she will remain on the payroll. Supporters of the deal note that by remaining on the court, Justice Hantz Marconi will be able to perform administrative duties, preventing backlogs and delays in the court’s administration of justice.
Republicans who have been critical of the handling of the Marconi cases praised the judge’s decision to step back from the bench.
“Justice Hantz Marconi has been one of the most respected legal minds in our state for decades,” said Rep. Bob Lynn (R-Windham), a former state Supreme Court chief justice. “I am certain this was a difficult decision for her to make, but it was the right one, and I applaud her for making it so our courts, and our state, can move on.”
Rep. Joseph Barton (R-Littleton) said he has “the utmost respect for Justice Hantz Marconi and her decision to take this step away from her duties of judicial decision-making.”
“It is the epitome of integrity to recognize one’s own flaws, even when not required to do so, and take full ownership and responsibility for one’s actions,” he added.
Some critics have called for Hantz Marconi’s impeachment, and they will likely be frustrated that she will remain on the state payroll. At the same time, several legislators have told NHJournal on background that impeachment would be both difficult and likely take longer than her retirement date.
Hantz Marconi also still has supporters who believe the entire case was a tempest in a teapot. They point to her work supervising the King Law Library operations, which undertook digitizing and preserving historic New Hampshire casebooks and expanding online legal research tools to the public.
She also chaired the Domestic Violence Task Force, helping reform court processes to improve how these often difficult cases are handled.
Still, having a conviction on her record made the prospect of her hearing cases a troubling one for many, both in the court system and in the State House. News of her decision was greeted with relief.
“Justice Hantz Marconi’s decision to step back from judicial duties is a smart one,” said Rep. Ross Berry (R-Weare). “It allows the Court to carry on its work without any further distractions.”
