Gov. Kelly Ayotte said Wednesday that she was unaware of the issues that compromised her nominee for New Hampshire’s child advocate, a watchdog over the state’s child welfare system.

Diana Fenton, a lawyer who worked with Ayotte two decades ago at the Department of Justice and is currently with the state Department of Education, withdrew her nomination Tuesday following a bruising confirmation hearing. 

Several people questioned Fenton’s ability to police the state’s child welfare system given her work as a foster parent and her marriage to a family law judge. The fact that her husband was sanctioned two years ago for trying to use his position to expedite the couple’s guardianship case raised further questions.

The Judicial Conduct Committee’s order reprimanding Judge Todd Prevett is easily accessible via a Google search. Ayotte said she did not know about it.

“I’ve known Diana since my time going back to the Attorney General’s Office,” said Ayotte, who led that office more than 20 years ago. Ayotte added: “I know Diana and her background. I was unaware of her husband’s background.”

The Judicial Conduct Committee sanction found that Prevett tried to use his judicial position to waive a records check in a guardianship case he and Fenton were pursuing.

That sanction was one of a few questions that dominated Fenton’s public hearing Monday before the Executive Council. Several people who spoke also asked whether Fenton could police the state’s child welfare system given that she has worked as a lawyer defending the state for more than 20 years. Some councilors shared the same concerns with NHPR.

Fenton withdrew her nomination the day after the hearing.

Ayotte said Fenton made the decision to withdraw her candidacy. Fenton has not returned NHPR’s messages.