Republican efforts to clamp down on public discussion of an ethics scandal that’s been casting a long shadow over the New Hampshire Supreme Court intensified last week, with a formal complaint to the state’s top law enforcement officer.
William L. O’Brien, a Republican National Committee member who previously served as speaker of the New Hampshire House, sent a letter on urging the attorney general to open an investigation into an upcoming event at the University of New Hampshire Franklin Pierce School of Law.
The event has been advertised as an educational opportunity for attorneys, lawmakers, journalists, and others to learn about New Hampshire’s Judicial Conduct Committee.
O’Brien claimed, however, that the program seemed tailored to generate “fresh publicity” to “reinforce a partisan electoral argument” shortly before the Nov. 3 election. He accused event organizers of improperly using public funds to deliver “in-kind assistance” to Democrats.
“The ‘educational’ label cannot conceal the political purpose of this event or excuse the partisan use of public resources,” he said in a statement released by the New Hampshire Republican Party.
The Judicial Conduct Committee has become a political lightning rod, especially after Chief Justice Gordon J. MacDonald resigned in September. MacDonald struck a deal with the committee to avoid formal misconduct charges over an ethical lapse involving a nearly $50,000 payout to one of his senior staffers. But his exit left unanswered questions about the involvement of three other Republican-appointed justices.
Those three justices — Patrick E. Donovan, Melissa B. Countway, and Bryan K. Gould, represented by attorney Richard J. Lehmann — battled the committee in court for months to keep MacDonald’s disciplinary case from becoming public. They argued confidentiality was needed to avoid creating an impression that they, too, had been accused of wrongdoing. The committee hasn’t disclosed whether Donovan, Countway, and Gould face disciplinary proceedings of their own.
The topic has become an issue in the gubernatorial race. Democratic nominee Cinde Warmington, who is going up against Republican incumbent Governor Kelly Ayotte on Nov. 3, has called for further investigation and blamed “partisan justices” for what she calls a “culture of corruption” at the Supreme Court. Ayotte, meanwhile, has expressed disappointment in the conduct that led to MacDonald’s resignation.
Anna Brown, executive director of the UNH law school’s Warren B. Rudman Center for Justice, Leadership & Public Service, said her team decided to host an event about the Judicial Conduct Committee’s complaint process after receiving questions from students, attorneys, and journalists.
“We did not have the expertise to answer those questions, and it was clear there was an educational gap on that issue,” she said.
Brown said the event will feature current committee members and staff because they are experts on this topic. But all participants agreed they must focus on the process and refrain from discussing any specific case, she said.
Organizers scheduled the event for Oct. 29 based on the law school’s calendar without considering its proximity to the Nov. 3 election, Brown said. In light of O’Brien’s complaint, they postponed the event to Nov. 10 in hopes of maintaining the legal community’s trust, she said.
“If moving the event after the election helps increase confidence that the event is nonpartisan and purely informational, we are happy to host everyone two weeks later than planned,” she said.
But O’Brien said he’s not satisfied, since he believes the event organizers broke state law by using public money to participate in political activity.
“In my view, the conference … advances a political effort to discredit and replace the current Supreme Court justices and prevent existing decisions on state funding of primary and secondary education from being overturned,” he said. “Rescheduling the conference does not eliminate that concern.”
New Hampshire Attorney General John M. Formella, a Republican, has asked the Supreme Court to overturn two landmark decisions on K-12 school funding. That case could come up for oral arguments within the next several months.
In his letter, O’Brien called on authorities to open a sweeping probe into UNH, the law school, the Rudman Center, the Judicial Conduct Committee, and the individuals involved. He said investigators should scrutinize expenditures in light of laws governing campaign finance contributions and political advertising. He also urged them to demand records documenting communications between event organizers and the five speakers.
His letter mentioned “particular concern” that an event featuring public statements by personnel affiliated with the Judicial Conduct Committee could amplify “unadjudicated allegations concerning sitting justices.”
A spokesperson for Formella’s office released a copy of O’Brien’s complaint to the Globe along with a few related email messages. The spokesperson didn’t answer when asked whether the New Hampshire Department of Justice had or would open an investigation.
Some have expressed skepticism about O’Brien’s legal argument.
Kenneth A. Gross, an Akin political law attorney and consultant with expertise in government ethics and election law, said it’s tough to see how an event like this one could constitute an in-kind contribution to a political campaign when there isn’t any sign of express advocacy for one candidate over another.
“An educational conference such as that may or may not help a campaign depending on who comments,” Gross said in an email, “and the mere sponsoring of a forum does not rise to the level of electioneering advocacy.”
Jonathan Levin, communications director for Warmington’s campaign, released a wry statement suggesting the complaint could backfire.
“We appreciate Bill O’Brien for highlighting the culture of corruption at the New Hampshire Supreme Court that has been enabled by Kelly Ayotte,” Levin said. “This complaint is just as laughable as Kelly telling Granite Staters she’s moving New Hampshire in the right direction.”
Ayotte campaign spokespeople didn’t respond to a request for comment.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.