New Hampshire Supreme Court justice has been indicted for allegedly interfering in husband’s investigation

A judge on New Hampshire’s highest court has been indicted for allegedly interfering in a criminal investigation against her husband, New Hampshire Attorney General John Formella announced Wednesday.

State Supreme Court Associate Justice Anna Barbara Hantz Marconi was indicted by a Merrimack County grand jury on two felony and five misdemeanor charges, Formella said in a statement. Marconi has been on administrative leave since July.

Marconi is charged with two Class B felonies – one count of attempted undue influence and one count of criminal solicitation of undue influence.

Marconi is also charged with five Class A misdemeanors: two counts of criminal incitement to abuse of office, one count of criminal incitement to abuse of office, one count of official oppression and one count of obstruction of government administration.

“No one is above the law, and the evidence in this case required investigation and presentation to the grand jury,” Formella said.

“The decision to impeach a sitting New Hampshire Supreme Court justice was not made lightly, but rather after careful and thoughtful consideration. I hope that the public will be assured that all persons, including civil servants, will be treated equally before the law,” he added.

Marconi’s lawyers – Richard Guerriero, Jonathan Kotlier and Oliver Bloom – said she was innocent and had not broken any laws or rules.

“We will fight the charges to the fullest extent permitted by law, beginning with motions to dismiss that we expect to file soon,” it said in a statement. “We intend to fight these unlawful allegations in the courts, where the fight should be, and not in the media.”

An indictment alleged that Marconi told Gov. Chris Sununu that the investigation into her husband was the result of “personal petty and/or political bias; that the allegations against Geno Marconi and the subsequent investigations against Geno Marconi were unfounded; and/or that the investigation against Geno Marconi had to be completed quickly because she was recalled from important cases pending in court.

Marconi was also accused of soliciting Sununu to “improperly influence a member or members of the New Hampshire Department of Corrections regarding an investigation.”

Geno Marconi is director of the New Hampshire Division of Ports and Harbors. A spokesman for Formella’s office said the criminal investigation into Geno Marconi was a separate matter and was still open and ongoing.

There was no immediate response to an email sent to a Sununu employee seeking comment.

Class B felonies are punishable by up to 3 1/2 to seven years in state prison and a fine of up to $4,000. Class A misdemeanors are punishable by up to 12 months in prison and a fine of up to $2,000.

The investigation has been completed, said Formella. No other individuals were targeted and the investigation did not uncover any wrongdoing by other individuals.