New Hampshire Attorney General
Encyclopedia
The New Hampshire Attorney General
is a constitutional officer of the U.S. state
of New Hampshire
who serves as head of the Department of Justice
. The current state Attorney General is Michael Delaney
, who was sworn in August 24, 2009.
, the Attorney General is appointed by the Governor with approval of the Council
. The Attorney General serves a term of 4 years, as required by RSA 21-M:3, which is two years longer than the term of the Governor. The Attorney General and their Deputy must be "admitted to the practice of law in New Hampshire" and also "be qualified by reason of education and experience."
(RSA) Section 7:6 lists the Attorney General's "Powers and Duties as State's Attorney":
The Attorney General can choose when to relieve any officer or person of any duty prescribed by law relative to the enforcement of any criminal law.
, investigators are only subject to removal as provided by RSA 4:1.
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
is a constitutional officer of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
who serves as head of the Department of Justice
New Hampshire Department of Justice
The State of New Hampshire Department of Justice is a government agency of the U.S. state of New Hampshire. The NHDOJ is under the executive direction of Acting Attorney General Orville B. Fitch II...
. The current state Attorney General is Michael Delaney
Michael Delaney (New Hampshire Attorney General)
Michael "Mike" Delaney is the current Attorney General of New Hampshire. Delaney was appointed to his current office by Governor John H. Lynch in August 2009.-Early life and education:...
, who was sworn in August 24, 2009.
Qualifications and appointment
Under Part II, Article 46 of the New Hampshire ConstitutionNew Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776....
, the Attorney General is appointed by the Governor with approval of the Council
Executive Council of New Hampshire
The Executive Council of the State of New Hampshire is the executive body of the U.S. state of New Hampshire. The Executive Council advises the Governor on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the...
. The Attorney General serves a term of 4 years, as required by RSA 21-M:3, which is two years longer than the term of the Governor. The Attorney General and their Deputy must be "admitted to the practice of law in New Hampshire" and also "be qualified by reason of education and experience."
Powers and duties
New Hampshire Revised Statutes AnnotatedNew Hampshire Revised Statutes Annotated
The New Hampshire Revised Statutes Annotated forms the codified law of the state subordinate to the New Hampshire State Constitution.-History:The RSA is a set of law books published by Thomson West...
(RSA) Section 7:6 lists the Attorney General's "Powers and Duties as State's Attorney":
- Shall act as attorneyLawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
for the state in all criminal and civil cases in the supreme court in which the state is interested, and in the prosecution of persons accused of crimes punishable with deathCapital punishment in New HampshireCapital punishment in the U.S. state of New Hampshire is a legal form of punishment for the crime of capital murder. Capital murder is the only crime for which the death penalty may be imposed in the state. Since 1734, twenty-four people have been executed, with the last execution carried out in 1939...
or imprisonment for life. - Shall have and exercise general supervision of the criminal cases pending before the state supremeNew Hampshire Supreme CourtThe New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
and superiorNew Hampshire Superior CourtThe New Hampshire Superior Court is the statewide court of general jurisdiction which provides jury trials in civil and criminal cases. There are 11 locations of the Superior Court, one for each county and two in Hillsborough County.-Jurisdiction:...
courts, and - With the aid of the county attorneyCounty attorneyA county attorney in many areas of the United States is the chief legal officer for a county or local judicial district. It is usually an elected position...
s, the Attorney General shall enforce the criminal laws of the state - Shall have the power to collect uncollected debtDebtA debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
s owed to the state as set forth in RSA 7:15-a.
The Attorney General can choose when to relieve any officer or person of any duty prescribed by law relative to the enforcement of any criminal law.
County Attorneys
Part II, Article 71, of the state constitution, provides for County Attorneys (previously County Solicitors) to be elected by the inhabitants of the respective counties according to the state Election laws. However RSA 7:34 states, "the county attorney of each county shall be under the direction of the Attorney General, and, in the absence of the latter, he or she shall perform all the duties of the Attorney General's office for the county." In Wyman v. Danais, 101 N.H. 487, (1958), the New Hampshire Supreme Court held:Office of the Attorney General
The Attorney General is required by statute to nominate a Deputy and a Director of Administration. They also may nominate Assistant and Senior Assistant Attorney Generals, as well as Criminal Justice and Consumer Protection Investigators; provided there is money appropriated in biennium budget for such positions. Additionally, in the interest of the public welfare, the Attorney General is permitted to delegate the authority of the office to the Deputy and Assistant Attorneys General as they see fit.Deputy Attorney General
The Attorney General is required to nominate a Deputy Attorney General for appointment by the governor, with the consent of the council. The Deputy acts as Attorney General whenever the latter is absent or unable to act from any cause, or whenever there is a vacancy in the office, provided an Acting Attorney General has not been appointed.Acting Attorney General
The Governor and Council are required by RSA 7:15 to appoint an Acting Attorney General if the Attorney General becomes incapacitated to perform his or her duties. The Acting Attorney General serves only during such incapacity and is paid a "reasonable compensation for his [or her] services and expenses." The Deputy Attorney General serves as the Acting Attorney General until the Governor and Council appoint someone to be the Acting Attorney General.Assistant Attorneys General
The Attorney General is permitted to appoint Assistant Attorneys General subject to the approval of the governor and council, as provided for in the budget. Assistant Attorneys General each serve a term of 5 years and should a position be vacant prior to the expiration of the term, such a vacancy can be filled for the remainder of the term. An Assistant Attorney General may be removed only as provided by RSA 4:1.Senior Assistant Attorneys General
The Attorney General can also designate Senior Assistant Attorneys General, who serve at the pleasure of the Attorney General. Senior assistant attorneys general may serve as bureau chiefs, or in any other position as the Attorney General sees fit.Director of Administration
The Attorney General is also required to nominate, subject to confirmation by the governor and council, an unclassified Director of Administration for the Office of Attorney General, within the limits of the appropriation made for the appointment, who shall serve for a 5-year term. The director of administration may be removed only as provided by RSA 4:1.Investigators
The Attorney General may nominate Criminal Justice Investigators and Consumer Protection Investigators, subject to confirmation by the Governor and Council. Criminal Justice Investigators and Consumer Protection Investigators serve a term of five years. The investigators are given statewide law enforcement authority, and are considered a "peace officer" as defined in RSA 594:1, III, which authorizes them to make arrests in a criminal case. Investigators are required to meet the certification requirements for a police officer pursuant to RSA 188-F:26. Unless investigators fails to achieve certification or are decertified by the New Hampshire Police Standards and Training CouncilNew Hampshire Police Standards and Training Council
The New Hampshire Police Standards and Training Council is a twelve-member executive branch council administratively attached to the Community College System of New Hampshire in the U.S. state of New Hampshire. The Council establishes the minimum hiring and educational standards, and certifies...
, investigators are only subject to removal as provided by RSA 4:1.