In the wake of the horrific murder of 25-year-old Sandra Marisol Fuentes Huaracha’s murder by her estranged husband, Michael Gleason Jr., the state’s Supreme Court chief justice has ordered a review.

But that’s not fast enough for Executive Councilors Joe Kenney (R-Unity) and John Stephen (R-Manchester), who have written the court and asked for Magistrate Stephanie Johnson to be immediately barred from hearing more bail cases due to her troubled track record.

“Pursuant to Supreme Court Administrative Order 2024-03, which empowers the Chief Justice to remove a magistrate for cause at any time during their five-year term, we urge you to exercise this authority without delay and remove Magistrate Johnson from her position,” they wrote to state Supreme Court Chief Justice Gordon MacDonald and Administrative Judge Ellen Christo.

“This step is essential not only to hold accountable those whose judgments have led to preventable loss but also to restore confidence in our bail processes. We stand ready to support any necessary reforms to strengthen our system and prioritize victim safety.”

Kenney raised questions about the case when the Executive Council met in Coos County last week, and Stephen has been railing about Johnson since learning about her role in a previous bail fiasco.

“You don’t have to be a rocket scientist to know this magistrate’s not making appropriate decisions. And some are so outrageous, you have to question her ability to sit and judge on these cases going forward, and I want to make sure we do the best we can for our victims,” Stephen said on the NHJournal podcast Monday.

“I called on the court to immediately remove this magistrate from any of her duties. And we’ve got to be serious about bail, and we have to stop this nonsense,” Stephen added.

In late April, Johnson allowed Gleason out on $5,000 cash bail after his arrest on serious felony charges, including sexual assault, kidnapping, domestic violence, and theft. Gleason eventually posted bail and, on the morning of Sunday, July 6, made his way to La Casita Mexican restaurant in Berlin, where Fuentes Huaracha worked.

He shot her multiple times with a shotgun, then went into the bathroom and turned it on himself, according to the state Attorney General’s Office.

This isn’t the first time Johnson’s been called out for allowing a violent criminal to get bail. In February, Johnson allowed Kyle Bisson, 26, to go free on no-cash bail after he was charged with stabbing a Manchester man between 9 and 13 times during an altercation on Elm Street. At the time, Bisson’s criminal record included a conviction for domestic violence. 

Stephen said he called for action against Johnson at the time. Now he says he won’t sit back and wait.

“I’m not trying to be vindictive. I just want to make sure we protect the public and safety,” Stephen said.

“I have asked the court — and I spoke to the administrative head of the courts — to please make sure this individual, at the minimum, is not hearing any more bail cases.”

State Supreme Court Chief Justice Gordon MacDonald announced Monday he’s assigning Christo and Associate Supreme Court Justice Mellisa Countway to review the Gleason case and how Johnson handled it.

“The judicial branch will work with the Domestic Violence Fatality Review Committee to the extent the committee examines the circumstances in these cases,” according to a statement from MacDonald’s office.

Johnson was appointed in December to be one of New Hampshire’s first bail magistrates under yet another legislative change to the state’s beleaguered bail system. Gov. Chris Sununu first signed a bail reform bill into law in 2018, which was supposed to make it easier for non-violent offenders to get no-cash bail. Instead, many charged with violent crimes were getting out and committing new crimes due to the reform.

Last year’s legislative attempt to update the reform added magistrates like Johnson to the mix. The 2024 law required people charged with serious, violent crimes to get bail hearings before a judge or magistrate. The new bail magistrates solely set bail for people charged with serious crimes when judges were not available, like on weekends or holidays.

Johnson is a private practice attorney who has been a prosecutor for several years. She worked as an assistant attorney general for the New Hampshire Department of Justice and as a Rockingham Assistant County Attorney.

Stephen said he’s concerned by comments suggesting concerns about the costs of keeping suspects like Gleason in jail may have played some role in the magistrate’s ruling.

“The county is going to have to pay the expenses of (holding) an individual prisoner,” Stephen acknowledged.

“We shouldn’t be looking at cost in the equation of whether someone’s a risk to the public,” Stephen added. “If that’s happening, that’s wrong. And it’s got to stop.”

Gov. Kelly Ayotte pushed for a whole new bail system that keeps violent offenders in jail as soon as she was sworn in as governor this year. Her bail reform, which takes effect in January, does away with magistrates. She told the Executive Council last week that Huaracha might be alive if her reform had been in effect earlier this year.

“There’s a reason why one of the first priorities I had as governor was to make sure that we reversed some of the so-called reforms that were made that led to these unintended consequences that were very tragic,” Ayotte told the Council.

Stephen isn’t alone in singling out Johnson. Last week, Rep. Lori Korzen (R-Berlin) sent Johnson a letter demanding she resign from her post. 

“Our community deserves leaders who act with the utmost vigilance and responsibility, particularly in matters where lives are at stake,” Korzen wrote. “My deepest sympathies remain with the family of Marisol Fuentes and all those affected by this senseless act. I urge you to consider the impact of this decision and to take the necessary steps to help our community heal and move forward.”