The New Hampshire Department of Justice (NHDOJ) is a government agency of the
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
. The department is led by the
Attorney General of New Hampshire
The Attorney General of New Hampshire is a constitutional officer of the U.S. state of New Hampshire who serves as head of the New Hampshire Department of Justice. , the state's attorney general is John Formella.
Qualifications and appointment
Un ...
, currently
John Formella
John Michael Formella (born 1986/1987) is an American lawyer serving as the 31st New Hampshire Attorney General, Attorney General of New Hampshire since 2021. He previously served as legal counsel for Governor Chris Sununu.
Early life and career ...
.
NHDOJ headquarters are located at 33 Capitol Street in
Concord
Concord may refer to:
Meaning "agreement"
* Pact or treaty, frequently between nations (indicating a condition of harmony)
* Harmony, in music
* Agreement (linguistics), a change in the form of a word depending on grammatical features of other ...
.
Duties
Through its officials, the Department of Justice has all the powers and duties enumerated by the NH Revised Statutes Annotated and implied from the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
and is responsible for the following general functions, as provided i
NH RSA 21-M:2
*Advising and representing the state and its executive branch agencies in all civil legal matters.
*Supervising and conducting criminal investigations and prosecutions.
*Enforcing the various
consumer protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
and
antitrust laws of the state.
*Assisting and advising those agencies charged with protecting the environment and enforcing the environmental laws of the state.
Attorney General
The state's
attorney general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
is the head of the Department of Justice and a constitutional officer of the state, under
Part II, Article 46 of the
Constitution of New Hampshire
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.
Th ...
and is appointed by the
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
with approval of the
Governor's Council The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would ...
to serve a four-year term.
The Attorney General acts as the state's attorney in all criminal and civil cases in the
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate ...
in which the state is interested, and in the prosecution of crimes punishable by death or life in prison, as well as managing other criminal and civil prosecutions.
Divisions
The Department of Justice has two main divisions, the Division of Public Protection and Division of Legal Counsel, which are each headed by an Associate Attorney General.
Division of Public Protection
The Division of Public Protection has three statutory bureaus which are charged with protecting the State from crime, fraud and other dangers. The following are bureaus within the division:
* Criminal Justice Bureau - investigates and prosecutes major crimes as directed by the attorney general; Represents the state in all criminal appeals to the
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate ...
or
federal courts
Federal court may refer to:
United States
* Federal judiciary of the United States
** United States district court, a particular federal court
Elsewhere
* Federal Court of Australia
* Federal courts of Brazil
* Federal Court (Canada)
* Federal co ...
; Investigates and prosecutes other criminal matters as the attorney general determines; Investigates and prosecutes
Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
fraud as directed by the attorney general; and Represents the state in all post-conviction
insanity
Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...
proceedings. The bureau also has the following units:
** Drug Prosecution/Asset Forfeiture
** Economic Crime Unit
** Investigations Section
** Medicaid Fraud Control Unit - investigates and prosecutes violations all NH RSAs pertaining to fraud in connection with the federal and state Medicaid programs; and Investigates complaints alleging
abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
or
neglect
In the context of caregiving, neglect is a form of abuse where the perpetrator, who is responsible for caring for someone who is unable to care for themselves, fails to do so. It can be a result of carelessness, indifference, or unwillingness and ...
or misappropriation of private funds of patients in any health care facilities receiving payments under the state Medicaid program.
** Office of Victim/Witness Assistance - Provides information and services to victims and
witnesses
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
in criminal cases prosecuted by the attorney general and coordinates the statewide victim/witness rights information program.
* Consumer Protection and Antitrust Bureau - Receives, investigates, and attempts to resolve complaints by individual consumers of unfair or deceptive business practices; Brings civil and criminal actions in the name of the state to redress unfair or deceptive trade or business practices; Administers and enforces the provisions of various chapters i
NH RSA Title XXXI: Trade and Commerce which serve to protect consumers.
* Environmental Protection Bureau - Enforcing statutes pertaining to environmental protection, control, and preservation; Counsels state agencies and commissions given responsibility over environmental concerns; Exercises the common law powers of the attorney general to protect the environment; Brings
public nuisance
In English criminal law, public nuisance was a common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular.
In Australia
In ''Kent v Johnson'' the Supreme Court of the ...
and other actions in
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
where and activity/activities complained may have a substantial impact upon the environment of the state.
Division of Legal Counsel
The Division of Legal Counsel has two statutory bureaus which are charged with providing legal advice and representing the state in legal matters and
eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
. The following are bureaus within the division:
* Bureau of Civil Law - Provides advice and legal representation in civil matters for all executive branch agencies and for the state in land acquisition matters; and Regulates charitable trusts, as provided for by RSA 7:19 through 7:32-a i
RSA Chapter 7
* Transportation and Construction Bureau - Advises any department, division, bureau, or agency of the state whenever it contemplates the taking of or takes private property; and represents such agents of the state in the taking of any interest in private property.
References
External links
*
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Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...