Attorney Bryan Gould, a longtime lawyer for state Republican organizations and corporate clients, made his case to the New Hampshire Executive Council Friday during a hearing on his nomination for the state’s highest court.
Gould was tapped by Gov. Kelly Ayotte to serve on the New Hampshire Supreme Court after working as counsel for her campaign and serving on her judicial selection commission.
In his opening statement, he told the Council that the only personal conviction he would bring to the court is the responsibility of a judge to be faithful to the law.
“I agree with the sentiment that a good judge sometimes goes home at the end of the day, personally unhappy with the result of his or her decision, but content that the law was upheld,” he said. “I'm committed to being that kind of a judge.”
Gould attended law school in Utah, began his career in Nevada, and became a member of the New Hampshire Bar in 1990. He’s a partner at Cleveland, Waters and Bass. During his hearing, Gould said he’d previously applied to be a justice around 2018, but only sought the appointment this year at the urging of others.
Gould has not been a judge before. He has worked for corporate clients, and he has also represented top New Hampshire Republicans, including former Gov. Craig Benson and the New Hampshire Republican State Committee. Gould also served as vice chairman of the state GOP.
But, he said, he would not have trouble separating himself from advocacy positions he’d taken while working for previous political clients.
“I've always thought that part of my responsibility as a citizen was to stand up for the things I believed in, and to support the party with which I agreed,” he said. “But once you decide that you're going to become a judge, you have to set that aside.”
Several state officials spoke fondly of Gould, including Department of Labor Commissioner Ken Merrifield, who described him as “brilliant” and said he was a close friend. Secretary of State David Scanlan, who said he got to know Gould through his work for the New Hampshire Attorney General’s office, praised Gould’s temperament and ability to interpret and apply the Constitution.
Sen. Howard Pearl, a Republican from Loudon, said Gould had been a reliable source of guidance, personally and professionally. He also said he’d worked with Gould on drafting language on waste management issues.
“He’s always been very straight up,” Pearl said. “He has character, honesty, integrity.”
Others, including colleagues from Gould’s law firm, spoke of his command of the law and his reputation for fairness. They also noted his affinity for beekeeping and woodworking.
But Gould’s nomination drew frustration from environmental advocates, who have questioned his ability to carry out the duties of a Supreme Court Justice given his long engagement with Casella Waste Systems. That company that has proposed a controversial landfill in Dalton.
During his hearing, Gould said he’d been working for Casella for three decades.
He has also been a registered lobbyist for the company. Throughout the last year, he received about $99,000 for his lobbying efforts, according to state records. In April, Gould sued a New Hampshire state agency on behalf of Casella over their denial of permits for the landfill.
Gould affirmed he would recuse himself from cases involving Casella Waste Systems, and other former clients like the Republican State Committee.
But Gould stopped short of saying he’d recuse himself from cases that center on topics he’s been involved with in the past, like landfill regulation or election law.
“I think the standard there is, if my impartiality could be reasonably questioned, then I would have to recuse myself,” he said. “I don't think it would be appropriate for me to go beyond that at this point.”
Despite his statements on recusal, advocates said they still have concerns about his ability to serve the state as a judge.
Rev. Fred Anderson, a resident on Forest Lake, near the proposed Casella landfill, said his experience with Gould included being involved as a defendant in a defamation lawsuit, which he characterized as a “SLAPP” suit, a “strategic lawsuit against public participation,” which is outlawed in many states.
“That experience made one thing clear. The legal system was being weaponized to silence citizens. And the person directing that effort was Bryan Gould,” Anderson said, comparing Gould’s nomination to “putting the fox in charge of the hen house.”
Rep. Nicholas Germana, a Democrat from Keene, said in his testimony that he was concerned that Gould’s nomination appeared to advance particular political interests.
“When the governor nominates somebody whose primary qualifications are that they worked for years for a political party, and that they worked for years for the governor who's nominating them, including on her campaign committee, this simply reaffirms the perception that this is an insider's game,” Germana said.
Gould, 66, also faced questions about his age. New Hampshire Supreme Court justices must retire at 70, giving him only four years to serve.
Executive Counselor Karen Liot Hill also questioned Gould about how he would approach a case before the Supreme Court regarding school funding, asking him to respond to reporting from the New Hampshire Journal that indicated his nomination was aimed revisiting landmark cases from the 1990s that found New Hampshire was obligated to provide an adequate education and do so by taxing all residents equally.
The Claremont School District, the district involved in those cases from the 1990s, is experiencing a major financial crisis that threatens to close a school.
“I think most members of the public understand that people are accountable for what they say, not what people say about them,” Gould said. “I have never said anything to my knowledge that would suggest that I am looking for a particular outcome in connection with the Claremont case.”
New Hampshire Executive Councilors could vote on Gould’s confirmation as early as Wednesday.
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