Attorney General v. Rochester Trust Co., 115 N.H. 74, 76 (N.H. 1975)
The common law powers of the attorney general are broad and not restricted by specific statutory duties. At common law it was the duty of the attorney general to see that the rights of the public in the charitable trust were protected and that it was properly executed.
Appeal of Trotzer, 719 A.2d 584 (N.H. 1998).
The supreme court held that it was permissible for one assistant attorney general to represent a medical board in its quasi-judicial capacity and another assistant attorney general to prosecute the case before the board, unless there was a showing of actual bias. In this case, the assistant attorney general acting as the board’s legal counsel…
Appeal of Huston, 840 A.2d 773 (N.H. 2003)
In finding that the Attorney General’s office could prosecute claims before the Board of Veterinary Medicine while also counselling the Board, the court held, “Accordingly, public and private attorneys have different ethical obligations in some circumstances. Lawyers under the supervision of the attorney general, for instance, “may be authorized to represent several government agencies in…
Correia v. Town of Alton, 2008 N.H. Super. LEXIS 19 (N.H. Super. Ct. 2008).
the court stated that even if the assistant attorney general had commingled investigative and adjudicatory functions, the defendant would still need to show “actual bias” through “evidence that [the assistant attorney general] had a pecuniary interest in the outcome of the case, had become personally embroiled in criticism from [the defendant], had heard evidence in…
Opinion of the Justices (Requiring Attorney General to Join Suit) No. 2011-319 (N.H., June 15, 2011)
The New Hampshire Senate requested an advisory opinion from the state supreme court as to whether HB 89, a bill which “requir[ed] the Attorney General to join the lawsuit challenging the Patient Protection and Affordable Care Act” violated the state’s Constitution. The state supreme court held that HB 89 is unconstitutional because it violates the…
New Hampshire v. Etienne, 2011 N.H. LEXIS 189 (N.H. 2011).
A criminal defendant convicted of murder appealed his conviction on the grounds, among others, that the Attorney General’s office had failed to disclose exculpatory evidence at his trial. One of the witnesses at the defendant’s trial had been prosecuted by the Attorney General’s office for unrelated drug charges, and the Attorney General’s office had recommended…