HR 38 - AS INTRODUCED
2026 SESSION
26-3091
09/08
HOUSE RESOLUTION 38
SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Ankarberg, Straf. 7; Rep. Barton, Graf. 1; Rep. Belcher, Carr. 4; Rep. Bernardy, Rock. 36; Rep. DeRoy, Straf. 3; Rep. D. Kelley, Hills. 32; Rep. Potenza, Straf. 19; Rep. Sirois, Hills. 32
COMMITTEE: Judiciary
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ANALYSIS
This resolution authorizes and directs the house judiciary committee to investigate whether cause exists for the impeachment of supreme court justice Anna Barbara Hantz Marconi or any other justice of the New Hampshire supreme court.
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26-3091
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
A RESOLUTION authorizing and directing the house judiciary committee to investigate whether cause exists for the impeachment of any justice of the New Hampshire supreme court.
Whereas, on July 25, 2024, justices MacDonald, Bassett, Donovan, and Countway issued a supreme court order placing supreme court associate justice Anna Barbara Hantz Marconi on paid administrative leave for 90 days, which was subsequently extended until October 7, 2025; and
Whereas, on October 16, 2024, the attorney general investigated and presented to the Merrimack county grand jury, who subsequently indicted Anna Barbara Hantz Marconi, associate justice, for 2 class B felonies – one count of attempt to commit improper influence and one count of criminal solicitation of improper influence, and 5 class A misdemeanors – 2 counts of criminal solicitation of misuse of position, one count of criminal solicitation of official oppression, one count of official oppression, and one count of obstructing government administration; and
Whereas, on October 7, 2025, Anna Barbara Hantz Marconi, associate justice, plead no contest to criminal solicitation of improper influence, a class B misdemeanor, and all other criminal charges were dropped; and
Whereas, under part II, article 38 of the New Hampshire constitution, a public officer may be removed by impeachment for bribery,?corruption, malpractice, or maladministration of office, or any combination thereof; and
Whereas, under part II, articles 17 and 38 of the New Hampshire constitution, impeachments are made by the house of representatives, and then heard and tried by the senate; and
Whereas, the conduct of justice Hantz Marconi or the conduct of those who placed her on leave may be cause for the house of representatives to find that impeachment proceedings should be initiated against one or more justices of the New Hampshire supreme court; now, therefore, be it
Resolved by the House of Representatives:
That the house of representatives authorizes and directs the house judiciary committee, acting as a whole or by any subcommittee thereof appointed by the chairman for the purposes hereof and in accordance with the rules of the house and rules which may be adopted by the committee, to investigate whether grounds exist, based on the order, indictment, plea, and any information arising out of the judiciary committee investigation, for the house of representatives to exercise its constitutional power to impeach any justice or justices of the New Hampshire supreme court; and
That the committee shall report to the house of representatives such resolutions, articles of impeachment, or other recommendations as it deems proper; and
That for the purposes of making such an investigation, the committee is authorized to compel by subpoena the attendance and giving of testimony by any person, and the committee is further authorized to compel the production of such things as it deems necessary. Such testimony may be taken under oath, either in the form of interrogatory, deposition, or by oral testimony at a hearing. Counsel for the committee may be authorized to ask any or all questions on behalf of the committee. For purposes of this section, "things" includes, without limitation, books, records, correspondence, electronic mail, logs, journals, memoranda, papers, documents, writings, reproductions, recordings, tapes, transcripts, printouts, data compilations from which information can be obtained, tangible objects, and other things of any kind; and
That such authority of the committee may be exercised by the chairman or by the committee acting as a whole or by subcommittee. Subpoenas or interrogatories so authorized may be issued over the signature of the chairman or any member so designated by the chairman, and may be served by any person designated by the chairman.
Dec. 2, 2025: Introduced 01/07/2026 and referred to Judiciary