CONCORD, N.H. — Executive Councilor John Stephen (R-Manchester) today announced that he will vote to confirm Judge Daniel E. Will to serve as a Justice on the New Hampshire Supreme Court. Councilor Stephen’s decision follows weeks of rigorous review of Judge Will’s legal writings, judicial record and his testimony before the Executive Council on February 6, 2026.
“As a Superior Court Judge, Daniel Will has demonstrated an unwavering devotion to the New Hampshire Constitution and the rule of law,” Councilor Stephen continued. “In case after case, he has sided with civil liberties and individual rights over government overreach — without fail. He has suppressed drug evidence when police violated constitutional protections. He has denied the government inspection warrants, excessive enforcement authority, and restitution orders that exceeded the scope of the law. His judicial record is one of a judge who takes the Constitution seriously.”
Councilor Stephen acknowledged receiving considerable comments from many Granite Staters, many critical of then-Solicitor General Will in his role in defending former Governor Chris Sununu’s emergency powers.
“I have received hundreds of emails, phone calls, and letters regarding this nomination — many expressing deep concern about Judge Will’s role as Solicitor General in defending the Governor’s emergency orders during COVID-19 in Binford v. Sununu,” said Councilor Stephen. “Those concerns are justified. The restrictions imposed during the pandemic affected the fundamental rights of every person in this state, and the citizens of New Hampshire have every right to expect that their next Supreme Court Justice will stand up to protect these rights and I am confident that Judge Will will do just that.”
Councilor Stephen noted several key aspects of Judge Will’s record and testimony that informed his decision:
- In State v. Fries (2025), Judge Will suppressed all drug evidence after finding that Manchester police officers expanded a traffic stop without the constitutionally required reasonable articulable suspicion, holding that “officer safety concerns do not override a defendant’s constitutional protections.”
- In Barrington v. Page (2022), Judge Will denied a municipality’s request for an administrative inspection warrant on Fourth Amendment and Part I, Article 22 grounds.
- In Person v. City of Manchester Police Department (2024), Judge Will denied summary judgment for a police officer, allowing a citizen’s case to proceed.
- At his February 6 hearing, Judge Will confirmed that textualism — strict adherence to the plain meaning of constitutional and statutory text — is his guiding judicial philosophy, and that the New Hampshire Constitution is “the fundamental charter of our state” that “stands independent.”
- Judge Will stated unequivocally that “the Constitution can never be suspended” and that precedent “can’t be a straitjacket” that enshrines legally incorrect decisions.
- When asked about Doe v. Manchester School District, in which a school refused to tell a mother her child was going by a different name, Judge Will stated that such a policy “would” implicate the mother’s fundamental rights. Earlier in the same hearing, he had already confirmed that fundamental rights trigger strict scrutiny — “the highest level of constitutional review there is.” The constitutional conclusion follows necessarily from the premises he stated on the record.
“I have no doubt that as a Justice, Daniel Will will defer to the text of the Constitution first,” Councilor Stephen said. “He will serve our state and our citizens well, and he will faithfully apply the Constitution of the State of New Hampshire. That is the standard I hold every judicial nominee to, and Judge Will meets it.”
Councilor Stephen also noted the strong support Judge Will has received from across the legal community, including endorsements from retired Chief Justice Bob Lynn, retired Supreme Court Justice Carolyn Conboy, and current Attorney General John Formella, who called Judge Will one of the finest candidates he has seen for the bench.
“The role of the Executive Council is to conduct a thorough and independent evaluation of every nominee,” Councilor Stephen concluded. “I have done that here. I have reviewed Judge Will’s judicial orders, examined his testimony under oath, and listened carefully to the concerns of my constituents. The evidence is clear: Judge Will is a textualist who will faithfully interpret the New Hampshire Constitution and protect the rights of our citizens. I am confident in this vote.”
