New Hampshire Office of the Attorney General
The New Hampshire Office of the Attorney General serves as the chief law enforcement and legal authority of the state, operating under RSA Chapter 7 of New Hampshire Revised Statutes Annotated. The office holds constitutional and statutory authority to prosecute criminal cases, represent state agencies in litigation, and enforce consumer protection and civil rights laws. Its scope extends across all 10 New Hampshire counties and interacts with every branch of state government.
Definition and scope
The Attorney General of New Hampshire is appointed by the Governor with consent of the Executive Council and serves a four-year term (RSA 7:1). The office functions as the state's law firm, representing the State of New Hampshire in civil proceedings and exercising supervisory authority over county attorneys in criminal matters statewide.
The office is organized into discrete divisions, each carrying defined statutory mandates:
- Criminal Justice Bureau — Prosecutes homicide, public corruption, and financial crimes; supervises county attorney offices under RSA 7:6.
- Civil Bureau — Defends state agencies and officers in civil litigation; issues formal legal opinions to executive branch officials.
- Consumer Protection and Antitrust Bureau — Enforces the New Hampshire Consumer Protection Act (RSA 358-A), which prohibits unfair and deceptive trade practices.
- Medicaid Fraud Control Unit — Federally certified unit investigating fraud against the New Hampshire Medicaid program, operating under 42 U.S.C. § 1396b(q).
- Environmental Protection Bureau — Coordinates with the New Hampshire Department of Environmental Services to enforce environmental statutes and litigate on behalf of natural resource trusts.
- Charitable Trusts Unit — Registers and oversees approximately 8,000 charitable organizations operating in New Hampshire under RSA 7:19-32.
Scope limitations: The office's jurisdiction is bounded by New Hampshire state law and the New Hampshire Constitution. Federal crimes fall under the jurisdiction of the U.S. Department of Justice and the U.S. Attorney for the District of New Hampshire — not this office. Private civil disputes between individuals are not within the office's mandate unless they implicate the Consumer Protection Act or a specific statutory enforcement authority. Municipal ordinance enforcement is handled by local governments and falls outside the office's scope. This page does not cover federal law enforcement activity, tribal law, or the laws of any other state.
How it works
The Attorney General's authority flows from both constitutional provision and statute. Under the New Hampshire Constitution, Part II, Article 46, the Attorney General is a constitutional officer. The office operates with a staff of over 200 employees, including Assistant Attorneys General assigned to each bureau.
Formal legal opinions issued by the office carry significant weight in executive branch operations. State agencies that receive an official Attorney General opinion are generally protected from personal liability when acting in reliance on that opinion, creating a practical advisory function that runs parallel to litigation duties.
The Charitable Trusts Unit exemplifies the office's regulatory capacity: all charitable organizations soliciting contributions in New Hampshire must register annually and file financial reports. Organizations failing to register face civil penalties under RSA 7:28-c. The office maintains a public database of registered charities accessible through the New Hampshire Attorney General's official website.
Consumer protection investigations are initiated through formal complaint intake, market surveillance, or referrals from other agencies. When the Consumer Protection Bureau determines a violation has occurred, resolution pathways include assurance of discontinuance agreements, consent decrees, or civil litigation seeking injunctive relief and civil penalties of up to $10,000 per violation (RSA 358-A:4).
Common scenarios
The office engages in enforcement and representation across a recurring set of factual patterns:
- Homicide and major crime prosecution: County attorneys with resource limitations may request the Criminal Justice Bureau to assume primary prosecution. The bureau maintains a Cold Case Unit that handles unsolved homicides statewide.
- Consumer fraud enforcement: Price gouging, deceptive advertising, predatory lending, and telemarketing fraud generate the largest volume of consumer protection actions. The bureau has statutory authority to investigate any business operating in New Hampshire regardless of where the business is incorporated.
- Public integrity investigations: Corruption by state and local officials falls within the office's criminal jurisdiction. The office coordinates with the New Hampshire State Police for investigative support.
- Civil rights enforcement: The office enforces the New Hampshire Law Against Discrimination (RSA 354-A) in conjunction with the New Hampshire Commission for Human Rights.
- Medicaid fraud recovery: The Medicaid Fraud Control Unit recovers funds for the state's Medicaid program. Under federal matching fund rules, 75 percent of approved MFCU operating costs are reimbursed by the federal government (42 C.F.R. § 1007).
- Environmental enforcement actions: Contaminated site litigation, water quality violations, and hazardous waste cases often involve the office as lead counsel for the state.
Decision boundaries
The office's authority is not unlimited. Distinguishing its role from adjacent agencies resolves common jurisdictional questions:
| Situation | Attorney General's Office | Other Agency |
|---|---|---|
| Criminal prosecution of homicide | Primary authority | None |
| Routine misdemeanor prosecution | Supervisory only | County Attorney |
| Private employment dispute (no discrimination) | No jurisdiction | NH Dept. of Labor |
| Federal securities fraud | No jurisdiction | SEC / US DOJ |
| Insurance company licensing violations | No jurisdiction | NH Insurance Department |
| Bank charter violations | No jurisdiction | NH Banking Department |
| Charitable organization fraud | Primary jurisdiction | None |
The /index for this reference domain maps the full structure of New Hampshire government, providing context for how the Attorney General's office relates to co-equal departments and constitutional officers including the Secretary of State and the New Hampshire Supreme Court, which exercises judicial oversight of legal matters the office litigates.
When a matter involves both state and federal law — as is common in environmental enforcement and Medicaid fraud — the office operates under formal coordination agreements with federal counterparts. The office does not have jurisdiction over the 10 county sheriff departments, which report to elected county governments, nor over municipal police departments, which fall under local authority.
References
- New Hampshire Office of the Attorney General — Official Site
- RSA Chapter 7 — Department of Justice
- RSA 358-A — Consumer Protection Act
- RSA 354-A — Law Against Discrimination
- RSA 7:19-32 — Charitable Trusts
- 42 C.F.R. Part 1007 — Medicaid Fraud Control Units
- New Hampshire Constitution, Part II, Article 46
- New Hampshire Commission for Human Rights