In his time on the court, Daniel Will rejected evidence when he found that police violated constitutional rights and denied a warrant that he determined didn’t meet probable cause standards.
It’s that commitment to civil liberties that prompted the Executive Council to confirm Will in a 4-1 vote as the newest justice on the New Hampshire Supreme Court.
“This is not a judge that defers to the government,” Councilor John Stephen of Manchester said before the vote on Wednesday. “This is a judge that follows the Constitution wherever it leads.”
Will, who lives in Loudon, has served as a Superior Court justice since 2021. Before that, he was New Hampshire’s first solicitor general, representing the state’s legal interests before the state and U.S. Supreme Courts.
The Executive Council also confirmed Lucy Lange, a longtime media and radio executive, to lead the Department of Business and Economic Affairs. Former commissioner Taylor Caswell resigned in the fall.
Will was nominated by Gov. Kelly Ayotte last month to succeed Anna Barbara Hantz Marconi, who turns 70 this week — the state’s mandatory retirement age for judges.
During the confirmation process, Will faced questions about his interpretation of the Constitution and his work as solicitor general.
Councilor David Wheeler of Milford was the only one to vote against Will. Though he didn’t speak on it at Wednesday’s meeting, Wheeler had raised concerns about Will’s defense of former governor Chris Sununu’s use of emergency powers to prohibit large gatherings, including for religious services, during the COVID-19 pandemic.
Will told councilors at a public hearing last week that his arguments in that case didn’t represent his personal opinions. As a Supreme Court justice, he said, his decisions would reflect the letter of the law and not his own beliefs.
The four councilors who voted in Will’s favor said they found in him a commitment to fairness and respect for the role of the judiciary.
“He conveyed an appreciation for the limits of judicial power and the responsibility judges bear to decide cases impartially, grounded in the law rather than personal preference,” said Karen Liot Hill of Lebanon, the only Democrat on the Council. “Public trust is the foundation upon which the judiciary stands. That trust is strengthened when judges approach their work with seriousness, independence and respect for the people whose lives are affected by their decisions.”