Chief Justice Gordon MacDonald relied on a “constitutional” duty to sit.
“The judge might cite the duty to sit as the reason for her refusal to disqualify, but the duty is then an after-the-fact rationalization for her erroneous decision to keep the case rather than the cause for keeping it.”
https://lawecommons.luc.edu/luclj/vol54/iss3/7/
Justice Dan Will also denied the motion to disqualify him.
“A reasonable person, fully informed of the facts alleged, would not question my impartiality in this case.” Justice Dan Will, former NH Solicitor General and lead counsel for the state in the ConVal school funding case.
