New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
The Role of the State Attorney General-Harvard Law School-Fall. 2022
Resource 1 . 4

Memorandum of Former members of the New Hampshire Attorney General Office, Amici to the NH Supreme Court on an Opinion of the Justices, May 23, 2011

James E. Tierney,
Samantha Burke

In the midst of a fight between the New Hampshire legislature the then attorney general, Mike Delaney,  former members of that office filed an amicus brief successfully arguing that an attorney general cannot be directed in the specifics of his litigation by the legislature.

This recurring issue is the subject of recurring litigation in states where the issue is important and the legislature for whatever reason does not trust the attorney general.  See the pending case from North Carolina:  NC NAACP v. Berger (4th Cir en banc, Dec. 20, 2020),

https://www.ca4.uscourts.gov/opinions/192273A.P.pdf   

Memorandum of Former members of the New Hampshire Attorney General Office on HB 89, Docket No. 2011-0319, May 23, 2011

 

 

 

Memorandum of Former members of the New Hampshire Attorney General Office, Amici to the NH Supreme Court on an Opinion of the Justices, May 23, 2011

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.