Survivors of abuse at New Hampshire’s former Youth Development Center are urging the Executive Council to deny Attorney General John Formella a second term.
Survivors asked councilors in a letter to consider whether the state delivered justice and accountability for the thousands of kids abused at state facilities under Formella’s leadership.
The seven people who co-signed the letter say they haven’t received that justice.
“Confirming Mr. Formella would send a clear and troubling message: that these failures and betrayals are acceptable — even rewarded,” they wrote. “Survivors deserve an attorney general who demonstrates urgency, compassion and integrity in confronting one of the darkest chapters of our state’s history.”
Among the letter’s seven co-signers is Ronald “Chuck” Miles, who recently recounted the abuse he suffered at the now-closed Anna Philbrook Center in Concord to a courtroom. He and two others listed on the letter are suing Formella, Gov. Kelly Ayotte and New Hampshire to stop changes to state law that strip the settlement fund and its administrator of their independence, placing more power in the hands of the governor and attorney general’s office.
Their letter objects not only to “painfully slow” prosecutions of former YDC staff but to Formella’s change of heart about how the state’s settlement fund should be run, as well.
However, Formella is poised to encounter little resistance among executive councilors, who are set to vote next week on whether to confirm him for another term.
Councilor John Stephen, a Republican from Manchester, declined to say whether he’d like to see changes in how the attorney general’s office has handled the YDC settlements.
“I’m going to watch that very closely, to make sure that those victims’ rights are protected and that they feel that they receive the justice that they deserve,” Stephen said. “I’ll make sure that the general knows my feelings, and if there are issues, I’ll bring it to his attention.”
Stephen doesn’t consider himself a “rubber stamp,” as he put it. He said he would be willing to part with Ayotte and his fellow councilors if they disagree, but he praised Ayotte’s experience as a former attorney general, adding that he trusts her judgment on who should lead the Department of Justice.
He’s also pleased with Formella’s efforts to fortify domestic violence protections and the bail system since the murder-suicide in Berlin earlier this summer.
Other Republican councilors also spoke highly of Formella’s leadership skills and said the guidance he’s provided them has been invaluable.
“I have had a pretty good relationship with Formella over the years,” said Councilor David Wheeler, a Republican who represents most of Hillsborough County and the Monadnock region. “I found him to be very trustworthy, to give me good answers that I think were legally sound.”
Councilor Joseph Kenney, a Republican in the North Country, said he plans to meet with Formella ahead of his confirmation vote to get updates on key issues, including the YDC settlements. He said he’ll try to reserve judgment until then, but he praised Formella’s performance and his support of law enforcement.
As for the issues with YDC, Kenney said prosecutions take a great deal of time and resources when there are thousands of abuse claims.
Wheeler added that Formella’s job is to defend the state government from lawsuits, including those that end with settlements.
Councilor Karen Liot Hill, the lone Democrat on the Council, plans to recuse herself “to just prevent any kind of appearance of conflict of interest.” Republican lawmakers have mounted a pressure campaign against her in recent weeks, and Jim MacEachern, chairman of the New Hampshire Republican State Committee, has asked Formella to investigate Liot Hill’s role in bringing a lawsuit that challenges a new state voting law.
Executive councilor Janet Stevens and Formella’s office did not respond to a request for comment.
A former corporate and environmental land use lawyer, Formella first became attorney general in 2021 under Ayotte’s predecessor, Chris Sununu. Before that, he served as legal counsel to Sununu during the first half of his term.
In addition to overseeing the state’s response to claims of abuse at the YDC, Formella has expanded the Department of Justice’s Cold Case Unit; prosecuted civil rights cases, like the neo-Nazi group NSC-131; and joined with other states to sue large companies, including Purdue Pharma for its part in the opioid crisis and Meta for its platforms’ addictive qualities. He’s also the president of the National Association of Attorneys General.
Formella’s first term was scheduled to end in March, but Ayotte kept him on temporarily while she evaluated his department.
“Over the last several months, I appreciated the opportunity to work closely with Attorney General Formella and see firsthand his commitment to keeping our state the safest in the nation,” Ayotte said in a statement. “Together, we will ensure New Hampshire continues to support law enforcement, keep violent criminals off our streets and protect victims."
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