On Tuesday, November 4, 2025, InDepthNH reported that Superior Court Judge Daniel St. Hilaire recused himself on Monday from a lawsuit filed by victims of the Youth Development Center (YDC) against New Hampshire Governor Kelly Ayotte and Attorney General John Formella. The lawsuit contests changes made to the YDC Settlement Fund.

St. Hilaire’s recusal was not prompted by a motion from the victims’ attorney requesting disclosure of whether he had applied for a state Supreme Court judgeship. Instead, St. Hilaire stated that he discovered a connection to the case through someone close to him who hired the law firm of David Vicinanzo, one of the attorneys representing the YDC victims.

During a hearing in Merrimack County Superior Court, St. Hilaire criticized Vicinanzo for publicly seeking judicial disclosure through a motion. However, Vicinanzo defended his approach as the appropriate way to represent the 1,500 YDC victims he and Rus Rilee represent. St. Hilaire suggested that Vicinanzo could have requested a status hearing or chamber conference instead of airing the grievance publicly.

Addressing speculation, St. Hilaire clarified that he has not applied for any judgeship. The speculation arose after Ayotte’s executive order established a judicial nomination commission that keeps applicant names confidential until nomination. The lawsuit questions changes Ayotte made to the YDC Settlement Fund, which granted her the power to appoint the Fund Administrator and the Attorney General the authority to veto settlements.

St. Hilaire acknowledged that sitting on a case involving the governor could present a conflict of interest for a lower court judge seeking a Supreme Court promotion. His recusal eliminates this potential conflict, allowing him to apply for the upcoming vacancy on the state Supreme Court, anticipated due to Justice Anna Barbara Hantz Marconi’s mandatory retirement in February.

Vicinanzo thanked St. Hilaire for his candor, explaining that concerns about St. Hilaire’s potential bias arose after he ruled in favor of Ayotte regarding the state’s right to alter the settlement fund process. This prompted consultation with outside advisors and questioning from his clients.

St. Hilaire has informed Supreme Court Chief Justice Gordon MacDonald of the need to appoint a new judge for the case.

Vicinanzo explained that his clients demanded to know if St. Hilaire was biased, fearing he might favor the governor to improve his chances of a Supreme Court appointment. He stated that his clients, who have historically been marginalized, expect their attorneys to fight for them without succumbing to fear of the establishment.

The changes to the Settlement Fund law occurred after the state persuaded YDC survivors to drop their civil lawsuits in favor of the settlement process. The fund was established to compensate victims of abuse at the Youth Development Center in Manchester. A key concern for YDC victims was the shift in appointing the fund administrator from the state Supreme Court to the governor, raising concerns about neutrality. Former state Supreme Court Chief Justice John Broderick, the initial fund administrator, resigned after the new law took effect, criticizing the changes.

Currently, Settlement Fund hearings are suspended, and Ayotte has not appointed a replacement for Broderick. YDC survivors who disagree with settlement offers can restart their lawsuits, a process estimated to take several years.

Jonathan O’Neil, an attorney at Nixon Peabody representing the victims, filed an affidavit suggesting that the delays caused by the changes benefit the state financially due to the deaths of victims.

 

 

Source: InDepthNH