Executive Councilor Warmington asks for review of judicial n

Executive Councilor Warmington asks for review of judicial nominee Conway's voting record


Gov. Chris Sununu withdrew the nomination of Rockingham County Attorney Patricia Conway as a justice of the state Superior Court on Wednesday morning, telling the members of the Executive Council that the move came at Conway's request.Conway's nomination was withdrawn as the council had been scheduled to vote on her confirmation to the court, and at least two of the five councilors said they were prepared to oppose the confirmation. Questions were raised about Conway's 2008 voting record (see below). The New Hampshire Bar Association after a review earlier this month found her "qualified but with reservations about her legal knowledge outside of criminal law and with reservations about her impartiality and fairness."And Second Amendment advocates came out in strong opposition to her confirmation.Conway, a Republican, was first elected Rockingham County Attorney in 2014. She was reelected in 2016, 2018 and 2020.Meanwhile at the council meeting, Sununu nominated two others to fill vacancies on the Superior Court bench -- Circuit Court Judge Elizabeth Leonard and Solicitor General Dan Will. Sununu said they were recommended by the governor’s bipartisan Judicial Selection Commission.(Our earlier report, which first appeared early Tuesday morning, follows.)Executive Councilor Cinde Warmington has asked the state attorney general to review the 2008 voting record of Rockingham County Attorney Patricia Conway, who is Gov. Chris Sununu’s nominee to become a Superior Court judge.Conway’s nomination is expected to be brought before the five-member council for a confirmation vote Wednesday.Warmington, the lone Democrat on the council, tells Attorney General John Formella in a letter obtained by WMUR that she has asked the governor “not to bring this nomination forward to the council for a vote until your office has completed its review and presented its findings to the council.”>> READ Warmington’s letter here.Wheeler, Warmington oppose confirmation(Tuesday evening update:) Warmington told WMUR on Tuesday evening: If the Governor and Council ignore the concerns raised regarding Ms. Conway’s voting record and force a vote before the Attorney General completes its review, I will oppose the confirmation."Also Tuesday evening, District 5 Executive Councilor David Wheeler, R-Milford, told WMUR he is concerned about Conway on several fronts, including voting, and will not support her confirmation. “I think the public hearing process did its job in this case,” Wheeler said. “It revealed information that I do not believe the governor had when he made the nomination.“There were concerns voiced by the New Hampshire Bar Association that she was not well-rounded and not in tune with issues outside of law enforcement, which includes constitutional issues.”The bar association wrote in early April that it found Conway "qualified but with reservations about her legal knowledge outside of criminal law and with reservations about her impartiality and fairness." “The voting issue is a concern. I’m sure that with the changes being made by the Legislature on voting, the issue will end up in court, and she isn’t ready to have them end up in her court,” Wheeler said. “I will be a ‘no’ vote,” he said.Conway also faces strong opposition from the New Hampshire Firearms Coalition based in part on what the group says was Conway's "overzealous prosecution regarding appropriate use of firearms from the Rockingham Count (Attorney's) Office."Residency question raised at public hearing At the council’s public hearing on Conway’s nomination, held April 7, Warmington asked Conway how long she has been a resident of Salem, and Conway responded, “Probably about 14 years.”Warmington then asked Conway to comment on a paragraph in a Sept. 11, 2014 story in a Seacoast area newspaper indicating that in 2008, after Conway said she began living in Salem, she voted in Atkinson because, according to the story, she was “helping her elderly father get to the polls.”Conway said the paragraph was correct.WMUR checked the 2008 voting checklists of the two towns and found that Conway was registered in Atkinson that year, at the same address listed for her father, who has since died.Conway’s husband, Eric Lamb, in 2008 was registered to vote in Salem, and voted there, according to the Salem checklist.Warmington wrote that Salem town records and other public information she obtained show that Conway and her husband were married in 2005 and purchased property in Salem that year. “Thus, she and her husband voted in different towns in the same election three years after their marriage and the purchase of property at which they reside,” Warmington wrote. “Given her statement and this additional information, I believe further inquiry into this matter is required.”Warmington went on to cite a state law that says voters must cast their ballots “in the town, ward or unincorporated place in which he or she is domiciled.”“Ms. Conway’s confirmation that she cast a ballot in Atkinson while living in Salem because she was assisting her father at the polls raises concerns about her eligibility to cast a vote in Atkinson in 2008,” Warmington wrote. “Assisting an elderly parent to vote does not allow a person who is domiciled in one town to vote in a different town where the parent votes.“The New Hampshire Attorney General’s Office vigorously prosecutes cases of voter fraud and, as a judge, Ms. Conway would be responsible for presiding over cases of individual accused of such crimes,” Warmington wrote. Even if a statute of limitations has passed, she wrote, “the conduct at issue is relevant to Ms. Conway’s suitability to serve on the Superior Court.” WMUR has reached out to Conway for comment, but has received no response.Key Republican supports call for reviewLate Monday, Warmington received support from a key Republican.State Republican National Committeeman Chris Ager called for “a complete and thorough investigation.”“No one is above election law,” Ager wrote in a statement. “Any accusation of voter fraud should be fully investigated. Failure to do so weakens our electoral integrity and threatens our first-in-the-nation primary.“Regardless of political party, position or pending confirmation, voter integrity is of critical importance. Attorney General Formella should honor Councilor Warmington’s request for an investigation into Ms. Conway’s voting behavior in the 2008 cycle.“I thank the councilor for bringing this issue into the public eye.”

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