New Hampshire Attorney General John Formella was elected president of the National Association of Attorneys General (NAAG) during the organization’s annual Capital Forum meeting held Dec. 9-11. He will serve as the organization’s top officer in 2025.
The question Granite State political insiders are asking, however, is whether he’ll still be serving as New Hampshire’s attorney general next year. Gov.-elect Kelly Ayotte has yet to announce her pick to be the state’s top cop after Formella’s current term ends in April.
“I am honored to lead this important organization at a time when it is crucial for attorneys general to unite, regardless of party, to protect our communities. In an era of political division, our ability to collaborate and work across party lines is more essential than ever,” Formella said in a statement Monday. “As state leaders entrusted with upholding the law, we have a unique opportunity to tackle critical issues like the opioid crisis and drug trafficking. By working together, we can make a meaningful difference, uphold justice, and ensure the rule of law serves all Americans.”
Formella was sworn in to his current four-year term on April 21, 2021, which means he’ll either have to be renominated by Ayotte, or he’ll be out of the job. While Formella is popular in Republican circles — he previously served as Gov. Chris Sununu’s legal counsel — some Concord legal insiders believe Ayotte will want to pick her own attorney general to put her mark on the state’s executive branch.
Ayotte served as New Hampshire’s attorney general from 2004 to 2009, first under Republican Gov. Craig Benson, then reappointed by Democrat Gov. John Lynch.
Under Part II, Article 46 of the New Hampshire Constitution, the attorney general is appointed by the governor, with the approval of the Executive Council. The attorney general serves a term of four years.
Sources close to Ayotte and Formella declined to comment on Formella’s election to lead NAAG or his possible future in an Ayotte administration.
According to the organization’s website, NAAG “is the nonpartisan national forum for America’s state and territory attorneys general and their staff.”
“Attorney General Formella announced his Presidential Initiative at the group’s Capital Forum. It is entitled, ‘Building on the Opioid Litigation Success: AGs Leading the Fight Against Substance Abuse and Drug Trafficking,” the organization said.
But will he be able to direct that initiative if he’s no longer an attorney general?
One reason for the confusion is New Hampshire’s practice of having the governor appoint an attorney general rather than following the example of 45 states and electing one. If Formella had been elected to a two or four-year term in November, there wouldn’t be a question about how long he would remain in office.
In their announcement, NAAG noted Formella’s record of “creating the Northern Border Alliance Task Force to enhance public safety along New Hampshire’s Canadian border. Formella has initiated lawsuits and investigations into social media companies like Meta and TikTok to address youth mental health concerns. His office has also focused on combating human trafficking, improving victim services, and strengthening protections for civil rights, elder abuse, and election integrity.”
Ayotte will have several high-profile nominations to make after she’s sworn in next month, including attorney general and commissioner of education, a post currently held by Frank Edelblut. Ayotte supporters told NHJournal it is early in the process.
“It is a big deal to be president of the attorney general’s association,” one NHGOP insider told NHJournal. “Maybe he wants it on his resume, even if it’s just for a few months.”
