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Bassett to retire from NH Supreme Court, opening a seat for Ayotte to fill

NH Supreme Court Justice James Bassett will retire from the bench this summer.
Courtesy of the NH Judicial Branch
NH Supreme Court Justice James Bassett will retire from the bench this summer.

New Hampshire Supreme Court Justice James Bassett plans to retire from the bench this summer — a year before he reaches the mandatory retirement age of 70.

His announcement clears the way for Gov. Kelly Ayotte to make her first appointment to the state’s highest court. Ayotte is a former state attorney general with courtroom experience. Her nominee will need the approval of the Executive Council, which is currently controlled 4-1 by Republicans.Bassett, who lives in Canterbury, was nominated to the Supreme Court in 2012 by then Gov. John Lynch, making him the longest tenured current member of the court — and the only judge not appointed by former Gov. Chris Sununu.

His final day on the bench will be Aug. 31. He was otherwise set to age out of the position in September 2026, according to state records.

“During the past 13 years, I have endeavored to serve the citizens of New Hampshire with diligence and humility,” Bassett said in a statement issued through a court spokesperson on Tuesday. “I will miss working with fellow Justices and colleagues on the Supreme Court, and all of the dedicated members of the Judicial Branch.”

Bassett attended Dartmouth College and spent nearly three decades in private practice in Concord before he was tapped by Lynch for the high court.

He will no longer hear oral arguments, but will participate in written opinions. It isn’t clear if that means he will help decide two major school funding lawsuits that were heard last year, or if those rulings could come down following his departure.

In a statement, Chief Justice Gordon MacDonald described Bassett’s legacy as one of public service. “On the court, he has not only been a highly dedicated and respected jurist, but also a tireless advocate for improvements to our justice system,” said MacDonald.

Bassett isn’t the only one brushing up against the state’s mandatory retirement age. Next year, Justice Anna Barbara Hantz-Marconi will also turn 70. Hantz-Marconi has been placed on administrative leave and has not been hearing cases, following her indictment on allegations she tried to improperly influence Sununu to intervene on behalf of her husband, who is also facing criminal charges.

It isn’t clear when Ayotte may make her nomination to fill Bassett’s seat. The governor has several other major seats to fill early on in her term.

She must also select a new commissioner for the state’s Department of Education, following Frank Edelblut’s announcement that he will step down at the end of the school year. Ayotte also declined to renew Attorney General John Formella to another term, but has said he will temporarily stay in the position, as she considers who best to fill the post.

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Todd started as a news correspondent with NHPR in 2009. He spent nearly a decade in the non-profit world, working with international development agencies and anti-poverty groups. He holds a master’s degree in public administration from Columbia University. He can be reached at tbookman@nhpr.org.
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