(The Center Square) — A Supreme Court panel has cleared the way for Justice Anna Barbara Hantz Marconi to return to the bench, only days after she pleaded “no contest” to a misdemeanor charge for trying to influence a criminal case against her husband.
A panel of judges announced Thursday that it was restoring Hantz Marconi’s law licence with no restrictions after concluding that she had not committed a “serious crime” that would otherwise be grounds for disbarment or removal from the bench.
That ruling clears the way for Hantz Marconi, who’s been on suspension since the criminal investigation against her was announced, to continue practicing law and resume hearing cases before the state’s highest court.
On Tuesday, the embattled judge pleaded “no contest” to a misdemeanor charge for soliciting former Gov. Chris Sununu to intervene on behalf of her husband’s corruption case.
Hantz Marconi was indicted in October on two class B felonies and five misdemeanors for allegedly interfering with the criminal investigation of her husband, Geno Marconi, former director of the New Hampshire Port Authority, who was indicted on separate charges. She was also charged with five misdemeanors, including criminal solicitation and obstructing government administration. Her trial was set to get underway next month
Under the plea deal, Hantz Marconi accepted a single count of criminal solicitation related to the misuse of her position, without admitting wrongdoing. The other charges were dismissed. The single misdemeanor charge — which was described in court filings as being “outside of the definition of serious crime” — carries up to a $1,200 fine, but no jail term.
Her husband, Geno Marconi, was charged with two felonies alleging witness tampering and falsifying evidence, as well as several misdemeanor charges, according to the indictments. Prosecutors allege that Marconi provided confidential motor vehicle records to another person and attempted to conceal the illegal activity by deleting voicemails.
Bradley Joseph Cook, chairman of the Division of Ports and Harbors Advisory Council, was indicted on felony charges of perjury and giving a false statement to investigators as part of the case, prosecutors said.
Hantz Marconi has denied any wrongdoing and argued in court filings that she wasn’t acting with a “criminal purpose” when she “expressed her concerns” to Sununu about the charges against her husband.
But Attorney General John Formella said Hantz Marconi’s conduct “was unlawful and unethical” and said it “undermines confidence in our criminal justice system.”
“Judges have special ethical responsibilities, including to obey the law; to promote public confidence in the independence, integrity, and impartiality of the judiciary; to avoid impropriety and the appearance of impropriety; and to not abuse the prestige of their office to advance the personal interest of themselves or others,” Formella said in a statement.
Despite the outcome of the case, Hantz Marconi’s return to the bench will be short-lived. She is expected to turn 70 in February. That’s the mandatory age for retirement for Supreme Court justices in New Hampshire.
