Five Questions Kelly Ayotte Must Answer About Gordon MacDonald’s Resignation and the New Hampshire Supreme Court

Five Questions Kelly Ayotte Must Answer About Gordon MacDonald’s Resignation and the New Hampshire Supreme Court
 

Yesterday, Chief Justice Gordon MacDonald resigned in disgrace after admitting he violated the judicial code of conduct by orchestrating a payout for a top ally who was working for the courts. Kelly Ayotte publicly vouched for MacDonald and was one of his most outspoken supporters for his Chief Justice nomination – saying he would “never let personal views influence him” and that he “possesses great intellect and integrity.” 

Ayotte has a responsibility to explain how she will respond to this serious breach of public trust, particularly after she publicly vouched for MacDonald’s character. Here are five questions she must answer:

1. Does Kelly Ayotte plan to delay the nomination of MacDonald’s replacement until after the November elections, as the Democratic nominee for Governor, Cinde Warmington, has called for? 

2. In October 2025, Supreme Court Justices MacDonald, Donovan, Countway and Gould signed a joint statement “defending” the payout to a MacDonald ally. Will Kelly Ayotte support public hearings into the conduct of the Supreme Court and the personnel decisions that led to MacDonald’s ethics violations?

3. Periklis Karoutas, “a prominent GOP operative,” was hired by the Judicial Branch, even as the Supreme Court faced “increased scrutiny.” Does Kelly Ayotte have concerns that a partisan political operative working for the courts could impede the judiciary’s ability to issue independent rulings?

4. What changes will Kelly Ayotte pursue to strengthen oversight and accountability of the Supreme Court?

5. Does Kelly Ayotte believe the Supreme Court’s existing oversight and accountability mechanisms are sufficient?