New Hampshire Attorney General John Formella was scheduled to be out of a job as of March 31, but he’s going to stay on — at least for a while.
Gov. Kelly Ayotte, a former Republican attorney general herself, announced Monday through a spokesperson that Formella will remain in the position as a “holdover,” as opposed to being nominated for another four-year term.
“As a former murder prosecutor and attorney general, Gov. Ayotte cares deeply about the Department of Justice and its future. Attorney General Formella will continue in holdover to provide the governor additional time to work with him and evaluate the operations at the department,” said Ayotte spokesman John Corbett.
Political and legal observers in Concord told NHJournal they weren’t surprised, in part because of Formella’s other job — president of the National Association of Attorneys General. Formella took over as president of the organization in January for a one-year term. Replacing him now would be less than ideal for Formella and the organization.
Formella, 38, was sworn in to his current four-year term on April 21, 2021. While he is popular in Republican circles — he previously served as Gov. Chris Sununu’s legal counsel — some Concord legal insiders believe Ayotte will eventually want to pick an attorney general and put her mark on the office she once held.
Another theory for giving Formella holdover status, as opposed to appointing him to another four-year term: Ayotte’s cautious leadership style.
While her predecessor Sununu employed a more “shoot from the hip” approach, Ayotte has spent the first weeks largely keeping her head down and focusing on nuts and bolts issues like the state budget.
For example, Ayotte has been unmoved by appeals from both national and local Republicans that she sign off on a new congressional map creating a GOP-friendly district. The issue has more urgency now that incumbent Democrat Rep. Chris Pappas is all but certain to run for U.S. Senate next year, creating an open seat.
Republicans don’t hold a single U.S. House seat in all of New England, and just one U.S. Senate seat — Sen. Susan Collins in Maine. New Hampshire’s First Congressional District is one of the few in the region that could be potentially competitive for the GOP. But there’s no sign Ayotte will be entering the fray.
On the other hand, Ayotte has been working hard to get the State House to undo the 2018 bail reform mess and pass a new law keeping more people accused of violent crimes behind bars. That push has paid off, and Ayotte is scheduled to sign the bail reform fix on Tuesday.
As for Formella, he’s often mentioned as a potential GOP candidate in the First Congressional District.
“I look forward to continue working with Gov. Ayotte to address the challenges facing our state and keep our citizens safe,” Formella said in a statement Monday.
“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.”
