New Hampshire Chief Justice Gordon MacDonald remains on medical leave — with no forecasted return to the bench — according to a limited update released by the state judiciary late Thursday.
“The Chief Justice's medical providers have confirmed that he is not able to work at this time and have not forecasted the length of the Chief Justice's leave,” the court announced in a press release.
MacDonald went on a sudden leave last week. No other information has been provided, including the nature of his underlying health issue or when he is expected to return to the bench. The court’s four other justices expressed support for MacDonald, 64, who has served as chief justice since 2021, but said they knew little about his condition.
"Under state and federal law, a request for medical leave does not require the disclosure of diagnostic information and the Chief Justice has not disclosed such information," the court's release said. "Accordingly, the Judicial Branch, including the other justices of the New Hampshire Supreme Court, have not received any information about the Chief Justice's medical condition beyond the confirmation described above."
In MacDonald's absence, Justice Patrick Donovan, who has the most seniority of the remaining judges, will perform the duties of the chief justice, according to Thursday’s statement. That includes overseeing administration of New Hampshire’s district and superior courts, alongside other top court administrators.
“The Court is acutely aware that the public has a legitimate interest in understanding how the Chief Justice’s medical leave may affect the judicial and administrative work of the Court,” the remaining justices said in a statement.
This is not the first time the court has had an extended period of absence: From August 2019 through March 2021, the Supreme Court functioned without a chief justice. That gap in leadership was caused by the Executive Council’s vote to deny MacDonald’s initial nomination to the bench to replace former Chief Justice Robert Lynn, who had reached the court’s mandatory retirement age of 70. Rather than nominate another candidate, then-Gov. Chris Sununu instead left the seat vacant until Republicans gained the majority on the Executive Council following the 2020 election, clearing the way for MacDonald’s confirmation.
The Supreme Court does not have oral arguments scheduled until Sept. 22, when it returns from its traditional summer break.
