Associate Justice Marconi enters plea of nolo contendere in influence case

Supreme Court Justice Anna Barbara Hantz Marconi following a hearing in her case.(David Lane/Union Leader (pool)

CONCORD - New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi has entered a plea of nolo contendere and on Tuesday was found guilty in Merrimack County Superior Court of one count of Criminal Solicitation of Misuse of Position, a class B misdemeanor, prompting the state's attorney general to call it a "sad and unfortunate case that reflects a serious breach of the public trust."

"Justice Hantz Marconi was an Associate Justice of the New Hampshire Supreme Court when she arranged for a private meeting with the Governor and then sought to obtain special treatment regarding an active criminal investigation involving her husband," said Attorney General John M. Formella. "That conduct was unlawful and unethical, and it undermines confidence in our criminal justice system. Today's conviction holds her accountable under the law."

While serving as a sitting Supreme Court Justice, Hantz Marconi arranged for a meeting with then Governor Christopher T. Sununu, to discuss a personal matter, according to a statement from the Attorney General Office. During the meeting, in June of 2024, she discussed an ongoing criminal grand jury investigation into her husband, Geno Marconi, the Director of the Division of Ports and Harbors at the Pease Development Authority and its effect on her both personally and as a member of the Supreme Court.

The Justice told Governor Sununu that there was no merit to the criminal investigation and stated multiple times that the investigation needed to wrap up quickly. She also spoke to the Governor about how the investigation was hard on her personally and was preventing her from sitting on important cases pending or imminently pending before the Supreme Court.

"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," added Formella. "The State of New Hampshire takes seriously its responsibility to uphold the rule of law and ensure accountability at every level of public service. This outcome reinforces a core principle of our justice system: no one is above the law - not even a Justice of the Supreme Court."

Justice Hantz Marconi was sentenced in accordance with the terms of the plea agreement approved by the Court which will require her to pay a fine of $1,200.

A "nolo contendere" plea, or "no contest" plea, is a formal submission in court where a defendant accepts punishment without admitting guilt.

Geno Marconi has entered a not guilty plea to charges currently pending against him in the Rockingham County Superior Court, and he is presumed innocent until proved guilty.

This case was investigated by the New Hampshire Department of Justice and prosecuted by Senior Assistant Attorney General Dan A. Jiménez and Assistant Attorney General Joe M. Fincham II of the Public Integrity Unit.