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Ayotte declines to renew Formella's term as NH Attorney General, for now

Attorney General John Formella at a podium during a press conference
Todd Bookman
/
NHPR file photo
Attorney General John Formella is seen here at a January 2023 press conference announcing civil rights enforcement actions against NSC-131, a white supremacist group. The New Hampshire Supreme Court later ruled against the state, saying it misapplied the state’s Civil Rights Act.

This story was originally produced by the New Hampshire Bulletin, an independent local newsroom that allows NHPR and other outlets to republish its reporting.

Attorney General John Formella — the current president of the National Association of Attorneys General — will not be nominated to a new four-year term this month, Gov. Kelly Ayotte’s office announced Monday.

Instead, Formella, whose current term expires March 31, will be kept on in a “holdover” status while Ayotte reviews his department, the governor’s office said in a statement.

“As a former murder prosecutor and Attorney General, Governor Ayotte cares deeply about the Department of Justice and its future,” the statement reads. “Attorney General Formella will continue in holdover to provide the Governor additional time to work with him and evaluate the operations at the Department.”

Formella, who was previously Gov. Chris Sununu’s legal counsel, was appointed by Sununu and confirmed by the Executive Council to be attorney general in 2021, after then-Attorney General Gordon MacDonald left the post to become the chief justice of the state Supreme Court.

He was named to head the national association in December. As attorney general and the head of the New Hampshire Department of Justice, Formella has overseen the state’s response to a series of lawsuits from victims alleging abuse at the state’s Youth Detention Center, as well as litigation against the state’s school funding model and placement of youth in foster care homes. He has also linked arms with attorneys general in other states to sue the opioid manufacturer Purdue Pharma for its role in the opioid crisis; the U.S. Environmental Protection Agency over power plant regulations; and the tech company Meta, which owns Facebook and Instagram, for making its services too addicting to children.

Ayotte’s office did not share details of how it plans to evaluate Formella, nor whether she is considering other candidates to take his place.

In a statement Monday, Formella indicated he would happy to stay on.

“I look forward to continue working with Governor Ayotte to address the challenges facing our state and keep our citizens safe,” Formella said.”Every day I am proud to work alongside the dedicated public servants at the Department of Justice. As I have for the past four years, I will continue to devote my best efforts to this Office.”

New Hampshire Bulletin is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. New Hampshire Bulletin maintains editorial independence. Contact Editor Dana Wormald for questions: info@newhampshirebulletin.com.

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