New Hampshire Chief Justice Declines to Step Aside in School Funding Case

June 6, 2026 - 05:40

New Hampshire Supreme Court Chief Justice Gordon MacDonald has refused to remove himself from the upcoming decision on the Rand education funding appeal. The case, which challenges the state's method of financing public schools, has been a focal point of legal and political debate for years.

MacDonald's decision to stay on the case came after motions from some parties argued that his previous role as attorney general under former Governor Chris Sununu created a conflict of interest. During his tenure as attorney general, MacDonald's office defended the state's education funding system in earlier stages of this very lawsuit. Critics say that history makes it impossible for him to be impartial now that the case has reached the state's highest court.

In his written response, MacDonald stated that he reviewed the relevant legal standards and found no basis requiring his recusal. He noted that his prior involvement was limited to representing the state as a lawyer, not as a judge, and that he can set aside those past arguments and rule based solely on the law and the record before the court.

The Rand lawsuit argues that New Hampshire's reliance on local property taxes to fund schools creates vast disparities between wealthy and poor districts. Plaintiffs claim this violates the state constitution's requirement for an adequate and equitable education for all children. The state counters that it meets its obligations and that the current system is lawful.

With MacDonald remaining on the bench, the court is expected to hear oral arguments in the coming months. A ruling could have sweeping implications for how New Hampshire funds its public schools for years to come.