I am writing to express my deep concern regarding your appointment of Attorney Timothy Bush to the Judicial Selection Commission, which is tasked with reviewing candidates for vacancies on the New Hampshire Supreme Court and lower Courts.
My concern arises from direct experience with Attorney Bush in his role as Chair of the Nashua Ethics Review Committee (ERC). Both Laurie Ortolano and I filed an ethics complaint against Mayor James Donchess concerning the use of taxpayer funds to cover the personal legal expenses of an Alderman. During the ERC proceedings, Attorney Bush’s handling of the matter raised serious questions about procedural fairness, impartiality, and adherence to due process standards.
Despite the significance of the complaint, Attorney Bush failed to establish or follow equitable procedures for the administrative hearing. Both Laurie Ortolano and I have addressed the lack of clarity of the rules, urging the Ethics Committee to address our concerns. Our communication, which went through Chair Bush, was largely ignored. These restrictions severely limited our ability as complainants to present rebuttal evidence or respond to contested claims, including statements made by Mayor Donchess during the hearing.
Furthermore, Attorney Bush initially stated that a post-hearing memorandum would be permitted, only to later reverse course and declare that he “[did] not intend to correspond… further on this issue.” This inconsistency contributed to a process that lacked transparency, predictability, and fairness.
It is also deeply troubling that every member of the ERC, including Attorney Bush, was appointed by the very individual who was the subject of the ethics complaint—Mayor Donchess. This structural conflict undermined public confidence in the objectivity of the proceedings. Attorney Bush’s conduct throughout suggested a predisposition in favor of the mayor, raising legitimate concerns about political bias.
While Attorney Bush may be a colleague or acquaintance of yours, my experience reflects that he has not demonstrated the neutrality, fairness, or ethical leadership required of individuals entrusted with evaluating judicial candidates, let alone serving on the bench. The judicial system demands the highest standard of impartiality. Based on his record, I respectfully submit that Attorney Bush has not met that standard.
I urge you to reconsider this appointment in the interest of maintaining public trust in the integrity and independence of New Hampshire’s judiciary.
Sincerely,
[Letter sent to Gov. Ayotte]
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