On Wednesday, October 1, 2025, InDepthNH.org reported that survivors of the Sununu Youth Services Center (formerly YDC) sex abuse scandal are questioning the impartiality of Merrimack County Superior Court Judge Daniel St. Hilaire. This inquiry stems from a recent ruling against the survivors in a lawsuit concerning changes to the YDC Settlement Fund. The survivors allege that these changes infringe upon their rights to seek justice.

Attorneys David Vicinanzo and Rus Rilee, representing the YDC survivors, filed a motion for judicial disclosure, expressing concerns about potential bias. The motion urges Judge St. Hilaire to reveal whether he is seeking nomination by Governor Kelly Ayotte for a position on the New Hampshire Supreme Court.

The core of the survivors’ concern lies in the possibility that Judge St. Hilaire’s personal aspirations for a promotion to the Supreme Court might have influenced his perception of the case. They argue that such a promotion, offering higher status, power, and pay, would depend on Governor Ayotte’s favor. The survivors contend that Governor Ayotte would likely disapprove if the judge ruled that she acted unlawfully in influencing the legislature to modify the State’s commitments to the YDC abuse victims.

The lawsuit before Judge St. Hilaire centers on the allegation that the State, particularly Governor Ayotte, reneged on promises made to hundreds of survivors who chose to suspend their civil lawsuits in favor of participating in the Settlement Fund process. The survivors claim that Ayotte spearheaded changes to the Settlement Fund law that undermined the fund administrator’s autonomy, granting Attorney General John Formella the power to veto settlement offers.

Many survivors believed the fund’s initial structure, as defined by law, would ensure a fair hearing from the administrator, culminating in a final settlement offer for their abuse claims. Former YDC Settlement Fund Administrator and retired New Hampshire Supreme Court Chief Justice John Broderick testified during an August hearing that Governor Ayotte actively worked behind the scenes to implement these changes. The amendments, which took effect on July 1, place the fund administrator under the authority of Governor Ayotte and Attorney General Formella.

The timing of the lawsuit coincides with Governor Ayotte’s Judicial Selection Commission’s efforts to find replacements for Associate Justice James Bassett, who retired this year, and Associate Justice Anna Barbara Hantz Marconi, who is scheduled to retire next year. Governor Ayotte has declined to disclose the names of any lower court judges who have applied for these Supreme Court openings. Her May executive order establishing the commission designates nearly all committee records as non-public, a move that appears to contradict New Hampshire’s Right-to-Know law RSA 91 A. InDepthNH.org reported that Ayotte’s office did not respond to their request for comment on Wednesday.

InDepthNH.org‘s prior Right-to-Know request, seeking the names of judges who applied for a Supreme Court position, was denied by Governor Ayotte’s office on September 16, citing the May executive order. This denial, followed by Judge St. Hilaire’s ruling against the survivors three days later, heightened concerns among the YDC victims.

Attorneys Rilee and Vicinanzo emphasized that the lack of transparency from the Governor’s office has fueled speculation among the YDC victims. They argue that Judge St. Hilaire’s disclosure is crucial, particularly given the Governor’s position as a named defendant and interested party in the ongoing litigation. The attorneys contend that transparency from the Court is necessary to maintain public confidence in the judiciary’s independence, integrity, and impartiality.

 

 

Source: InDepthNH.org