New Hampshire Attorney General

The New Hampshire Attorney General is a constitutional officer of the U.S. state of New Hampshire who serves as head of the New Hampshire Department of Justice. The current state Attorney General is Joseph Foster, who was sworn in May 15, 2013.

Under of the New Hampshire Constitution, the Attorney General is appointed by the Governor with approval of the Council. The Attorney General serves a term of 4 years, as required by RSA 21-M:3, which is two years longer than the term of the Governor. The Attorney General and their Deputy must be "admitted to the practice of law in New Hampshire" and also "be qualified by reason of education and experience."

New Hampshire Revised Statutes Annotated (RSA) Section 7:6 lists the Attorney General's "Powers and Duties as State's Attorney":

The Attorney General can choose when to relieve any officer or person of any duty prescribed by law relative to the enforcement of any criminal law.

Part II, Article 71, of the state constitution, provides for County Attorneys (previously County Solicitors) to be elected by the inhabitants of the respective counties according to the state Election laws. However RSA 7:34 states, "the county attorney of each county shall be under the direction of the Attorney General, and, in the absence of the latter, he or she shall perform all the duties of the Attorney General's office for the county." In Wyman v. Danais, 101 N.H. 487, (1958), the New Hampshire Supreme Court held:

Construed together [RSA 7:6, 7:11 and 7:34] demonstrate a legislative purpose to place ultimate responsibility for criminal law enforcement in the Attorney General, and to give him the power to control, direct and supervise criminal law enforcement by the county attorneys in cases where he deems it in the public interest.

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