Gov. Kelly Ayotte has announced her picks for two key state legal positions, tapping Concord lawyer Bryan Gould to fill a vacancy on New Hampshire’s highest court, and nominating Attorney General John Formella to serve another term as the state’s top law enforcement official.
The moves amount to some of Ayotte’s most significant personnel decisions since taking office in January, and both follow plenty of speculation in Concord. Several trial judges applied to fill the Supreme Court opening, but in Gould — who is 66 and lives in Bow — Ayotte chose a well-regarded and experienced litigator with deep ties to Republican politics in the state.
Gould attended college and law school in Utah, and started his legal career in Nevada, before joining the New Hampshire bar in 1990.
Since then, Gould, who is a director at the law firm Cleveland Waters and Bass, has represented the New Hampshire Republican State Committee in election law matters, served as counsel to former Gov. Craig Benson, and worked as special counsel to the New Hampshire Executive Council.
Gould has also represented dozens of corporate clients in land use matters and in civil and appellate litigation, including Vermont-based Casella Waste. Gould represented Casella in court and before regulators as the company worked to site a controversial landfill in Dalton — a project Ayotte staunchly opposes.
Last year, Gould was also legal counsel to Ayotte’s gubernatorial campaign, and in May Ayotte named Gould to her six-member judicial selection commission.
In announcing Gould’s nomination Tuesday, Ayotte praised his “depth of knowledge, integrity, and service.”
“I know Bryan will uphold our Constitution as he evaluates cases that come before the Court. Granite Staters will be well served by his fairness and sound judgment,” Ayotte said.
Gould, meanwhile, stressed the gravity of being a judge:
“Serving on the Supreme Court of New Hampshire means making a commitment to putting the law and the Constitutions of the United States and New Hampshire over one’s personal beliefs,” Gould said. “Having argued before courts countless times, I understand the weight a judge’s decision carries and will be dedicated to the obligation to be fair and impartial in my decision making.”
Ayotte says Formella deserves four more years
Formella has served as New Hampshire attorney general since 2021, when then-Gov. Chris Sununu chose him for the role. But Formella’s future had been uncertain since March, when Ayotte said she needed more time to work with him before deciding whether she would keep him on the job.
Formella became attorney general via a familiar route: he’d been Sununu’s legal counsel. But unlike some attorneys general — including Ayotte, who held the job from 2004 to 2009 — he’d won the position with limited experience in any court room, and without a background as a prosecutor.
He’d been an associate at Pierce Atwood, the firm that represented Waterville Valley, which the Sununu family owns and which Sununu himself ran before becoming governor in 2017. Formella spent almost four years as Sununu’s legal counsel.
A job with many challenges
As attorney general, Formella has faced serial challenges. He’s shaped the state’s response to multiple lawsuits from people who allege they were abused at the state’s Youth Detention Center. He’s also overseen the state’s legal strategy in several school funding lawsuits and challenges to how the state places youth in foster care homes.
Formella joined other attorneys general to sue the opioid manufacturer Purdue Pharma for its role in the opioid crisis, and the tech company Meta, owner of Facebook and Instagram, for making products that harm children.
During the Biden administration, Formella regularly joined legal challenges to administration policies brought by Republican attorneys general. He’s also been very active in the National Association of Attorneys General, and is now that group’s president.
Ayotte, who frequently emphasizes her experience as a “murder prosecutor,” said working with Formella over the past few months had persuaded her of his "commitment to keeping our state the safest in the nation."
“Together, we will ensure New Hampshire continues to support law enforcement, keep violent criminals off our streets, and protect victims, " Ayotte said Tuesday.
Ayotte has prioritized public safety issues since taking office, including stiffening state bail laws, and calling for tougher sentences for some drug crimes.
Ayotte also pushed to have more direct control over the settlement fund for people who allege they were abused at the state's Youth Detention Center, including giving the attorney general the power to block settlement deals.
Those changes, which Formella backed, are the subject of a lawsuit against the state, brought by abuse victims. The outcome of that case, and the resolution of the hundreds of abuse claims at the hands of the state, are likely to loom over Formella, Ayotte, and the state’s judiciary for years to come.
In a statement, Formella said he was eager to remain on the job.
“I thank the Governor for this opportunity to continue working together to confront the challenges facing our state and to protect the safety and rights of all New Hampshire citizens," Formella said. “It remains a privilege to serve alongside the dedicated professionals at the Department of Justice.”
Ayotte will formalize the nominations of Formella and Gould at Wednesday’s meeting of the Executive Council.
