Judge Daniel Will Defends His Position on Recusal During New Hampshire Supreme Court Nomination Hearing

On Tuesday, February 10, Valley News reported that Judge Daniel Will would likely not recuse himself from cases challenging New Hampshire’s school funding model if confirmed to the state Supreme Court. Will made this statement during a recent hearing regarding his nomination, despite having previously argued against a similar lawsuit for the Attorney General’s Office.

Will stated that while he cannot participate in cases he was directly involved in, he can participate in cases concerning similar subject matter. The hearing, held by the Executive Council, will determine whether to confirm his nomination.

Before his nomination, Will served as the state’s solicitor general from 2018 to 2021, where he defended the state against lawsuits, including Contoocook Valley School District v. New Hampshire, also known as ConVal, which alleged that the state’s school funding was unconstitutionally low. The Supreme Court ruled in favor of the plaintiffs in 2025. A second case, Rand v. State of New Hampshire, concerning the state’s adequacy payments to schools, is expected to be appealed to the Supreme Court this year.

Republican Councilor John Stephen Friday questioned whether Will’s previous involvement in the ConVal case would require him to recuse himself from the Rand case. Will argued that recusals should apply to specific cases, not broader issues.

Will’s decision aligns with Supreme Court Chief Justice Gordon MacDonald, who did not participate in last year’s ConVal ruling due to his prior work defending against the lawsuit as attorney general, but has not similarly recused himself from Rand.

Democrats and school funding advocates have supported the 2025 ConVal decision and have urged lawmakers to increase state funding. The decision was made under unusual circumstances, with two alternate justices replacing MacDonald and Associate Justice Anna Barbara Hantz Marconi, and a third justice, James Bassett, retiring last August.

The Executive Council will vote on Will’s confirmation in the coming weeks. He was nominated by Gov. Kelly Ayotte following Hantz Marconi’s retirement. Will has stated that he aims to follow the example of former Supreme Court Justice Antonin Scalia and believes state Supreme Court decisions should be rooted in the New Hampshire Constitution and state statute.

Concerns were raised about Will’s 2020 defense of then-Gov. Chris Sununu’s emergency order shutting down public gatherings during the COVID-19 outbreak. Patricia Meyers argued that Will’s defense deprived residents of their rights. Ian Huyett, an attorney for Cornerstone, also voiced opposition based on Will’s defense of the emergency order.

Rep. Bob Lynn, a former Supreme Court chief justice, spoke in favor of Will, stating that his positions in that litigation do not reflect his personal views.

Source: Valley News