New Hampshire Gov. Kelly Ayotte announced the creation of her Judicial Selection Commission Wednesday, the body that will help her fill at least two upcoming vacancies on the state Supreme Court.
For advocates of conservative jurisprudence, it’s the first glimpse into Ayotte’s view of the role of the judiciary in state government.
Ayotte’s Judicial Selection Commission:
Mary Tenn; Chair of Tenn and Tenn, PA Attorneys at Law
Timothy E. Bush; Wilson, Bush, and Keefe
Kelly Cohen; Cohen Closing and Title
Bryan Gould; Cleveland, Waters, and Bass Attorneys at Law
Scott H. Harris; McLane Middleton
Robert J. Lynn; Former Chief Justice of the New Hampshire Supreme Court
A former New Hampshire attorney general, Ayotte got her law degree from Villanova Law School, where she served as editor of the Environmental Law Journal. Her legal bona fides include serving as the “sherpa” for President Donald Trump’s first U.S. Supreme Court nominee, Neil Gorsuch.
At a 2018 event at the University of Chicago Law School hosted by the Federalist Society, Ayotte described Gorsuch as “someone who really does view himself as he has described himself as a textualist, as an originalist. And he will apply the law. He will be looking in criminal cases to make sure there is fair notice, that the law is clearly defined.”
Should Granite Staters expect judicial nominees with a similar viewpoint? Some conservative activists are concerned.
“It’s not a coincidence that New Hampshire is the home state of Justice David Souter. Our Republican judicial nominations often seem like complete shots in the dark,” said Ian Huyett, associate director and head of litigation at Cornerstone Action.
“If you’re in Republican politics, red flags should go up when someone calls you and says, ‘Just trust me; this guy is so conservative. He went to Catholic school. He was an altar boy.’ Ask for the receipts. What is the publicly verifiable evidence of their views?”
But other legal activists told NHJournal they believe Ayotte will be an improvement over Gov. Chris Sununu.
“Gordon McDonald certainly wasn’t the jurist conservatives thought he’d be,” one prominent New Hampshire attorney told NHJournal on background. “And (state Supreme Court Associate Justice) Pat Donovan is a good guy, but he’s no conservative.
“Conservatives view the bench as the last bastion, the last line of defense.”
Huyett agrees.
“Gov. Sununu nominated some great originalist judges, but he also nominated judges who are so far-left they’ve made Lynch’s nominations look conservative. These were basically stealth candidates who had no paper trail of speeches, opinions, or other writings on controversial issues, and Republicans gave them the benefit of the doubt at their own peril.”
Attorney and former Speaker of the House Bill O’Brien echoed a common sentiment when he praised Gould and Lynn, “both of whom I greatly respect.”
Among the state Supreme Court seats that Ayotte will fill is that of outgoing Justice Anna Barbara Hanz Marconi, whose service ends in February of next year. Marconi is currently facing two felonies and five misdemeanors stemming from the state attorney general’s investigation into her husband, Geno Marconi, director of the Pease Development Authority’s Division of Ports and Harbors.
Both Marconis are on paid leave, under indictment, and awaiting trial.
So, what is Ayotte looking for in a judicial nominee?
“Gov. Ayotte is looking for qualified, smart, just and fair judicial nominees who will follow the constitution and laws of New Hampshire,” said Ayotte spokesman John Corbett.
