On Friday, September 12, 2025, InDepthNH reported that Bryan Gould, a 67-year-old attorney from Pittsburg, stated he would recuse himself from cases involving Casella Waste Systems if confirmed as an associate justice on the New Hampshire Supreme Court. Republican Governor Kelly Ayotte nominated Gould, and a public hearing was held on his nomination in Representatives Hall.

The hearing saw a roughly equal number of supporters and opponents. Supporters emphasized Gould’s experience and integrity as a lawyer. Opponents focused on his lack of judicial experience, his work for Republicans, and his association with Casella, whose subsidiary is suing the state.

Gould, who has 35 years of experience as a lawyer and considers himself a generalist, has worked for Casella in its pursuit of developing a landfill in Dalton, as well as Coos County, on carbon capture issues.

The hearing provided an opportunity for Gould to introduce himself, for the Executive Council to ask questions, and for the public to speak before the likely vote on the nomination on September 17. Approximately 100 people attended the hearing.

Ayotte previously stated that Gould was the most qualified candidate following the retirement of James Bassett in August.

Gould has worked for Cleveland Waters and Bass in Concord for the past 13 years. He spoke of his family’s roots in the state dating back to the 17th century. He also addressed the concept of inherent rights and the idea that government originates from the people. He noted that New Hampshire’s original constitution did not include a judicial branch and that it was not a coequal branch until 1966.

Executive Councilor Joe Kenney questioned Gould about domestic violence and new training requirements on bail reform, referencing the death of Sandra Marisol Fuentes Huaracha. Kenney also inquired about Gould’s representation of Casella and the landfill near Forest Lake State Park. Gould confirmed he would recuse himself from the Casella case if it reached the high court. He also stated he would consider recusal from other landfill cases if impartiality was questioned.

Gould described himself as a textualist and originalist in his approach to the Constitution. He explained that textualism involves examining the statutory structure and interpreting words as a skilled, objectively reasonable person would, while originalism bases interpretation on the original understanding at the time of adoption.

Executive Councilor Karen Liot Hill questioned Gould about his role on the governor’s selection committee and subsequent nomination. Gould explained that he did not initially intend to apply but resigned from the commission after being approached by others. He also addressed his involvement with the state Republican party and recusal from cases involving the state and national committees.

Regarding a published report about the Claremont/Conval decision, Gould denied any commitment to striking it down. He also responded to concerns about a “litmus test” for selecting a justice on the Claremont matter, stating that such an agreement would be improper.

Executive Councilor Janet Stevens inquired about Gould’s readiness to handle the increasing number of cases before the high court. Gould affirmed his readiness and attributed the growth in caseload to Justice Anna Barbara Hantz Marconi’s leave and potential mandatory retirement in February. Stevens also questioned Gould on protecting victims of domestic violence, to which Gould responded that public policy is primarily decided by the legislature.

During the public comment period, several individuals spoke in support of Gould, including Coos County officials Mark Brady and Ray Gorman, Commissioner of the Department of Labor Ken Merrifield, and state legislators Howard Pearl and Tim McGough. Former Republican Senator Jeanie Forrester also voiced her support.

State Representative Linda Haskins expressed opposition, citing concerns about Gould’s involvement with Casella and its lawsuit against the state. Representatives Nick Germana and Kelley Potenza also opposed the nomination, along with activists Laurie Ortolano and Judi Lindsey.

Lawyer and State Representative Jay Markell supported the nomination, as did Secretary of State David Scanlan.

Concerns about Gould’s position on public education and state spending were raised by Laura Vincent. Reverend Fred Anderson, president of Forest Lake Association, opposed the nomination due to the organization’s lawsuit with Casella. Claudia Damon raised concerns about impartiality regarding election law and solid waste issues, as well as Gould’s involvement in the Republican Party.

 

 

Source: InDepthNH