Concord, NH – In a significant turn of events, indicted New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi’s legal team has filed a motion seeking the disqualification of Attorney General John Formella and his entire office from her case, citing alleged conflicts of interest. This motion, submitted on Thursday, claims that Formella’s dual role as the chief prosecutor and as a lawyer for Governor Chris Sununu—identified as a key witness in the case—poses a serious ethical dilemma.
Hantz Marconi’s attorney, Richard Guerriero, asserts that Formella’s longstanding professional relationship with Sununu creates an insurmountable conflict. By all accounts, including his own, Attorney General Formella is and has been for years Gov. Chris Sununu’s lawyer, Guerriero states in the motion. He argues that Formella’s obligations to Sununu hinder his ability to serve as an impartial prosecutor, thereby jeopardizing Hantz Marconi’s right to a fair trial.
The motion also contends that Formella’s involvement in the case is inappropriate due to the inherent conflict of loyalty between his roles. Guerriero claims that the Attorney General’s Office should not have handled the matter before the grand jury and must be disqualified from prosecuting it now. “Every accused person has a constitutional right to a prosecutor who evaluates allegations fairly and impartially,” he emphasized.
The indictment against Hantz Marconi stems from allegations that she attempted to improperly influence the Attorney General’s investigation into her husband, Geno Marconi, who has also been indicted for witness tampering and other charges. The Attorney General contends that Hantz Marconi sought to undermine the investigation by asserting that it was politically motivated and that the allegations were baseless.
Guerriero plans to argue in future motions that the indictments against Hantz Marconi fail to establish any criminal conduct. He maintains that the indictments should be dismissed outright due to the conflict of interest present in Formella’s dual representation.
On Thursday, the New Hampshire Superior Court judges, who have stepped in due to recusal from the Supreme Court, approved Hantz Marconi’s request to suspend her law license pending the resolution of her case. Hantz Marconi’s arraignment is scheduled for November 21, while her husband and his associate face arraignment on November 27.
In response to the motion, Formella’s office indicated they would respond appropriately in court, maintaining that their handling of the case remains consistent with their duties as prosecutors.
As this high-profile legal battle unfolds, it raises critical questions about the intersection of law, politics, and ethics in the prosecution of public officials.