New Hampshire Department of Justice
Encyclopedia
The State of New Hampshire Department of Justice (NHDOJ) is a government agency of the U.S. state
of New Hampshire
. The NHDOJ is under the executive direction of Acting Attorney General Orville B. Fitch II. The State of New Hampshire Department of Justice Building is located at 33 Capitol Street in Concord
.
and are be responsible for the following general functions, as provided in NH RSA 21-M:2:
is the head of the Department of Justice and a constitutional officer of the state, under Part II, Article 46 of the New Hampshire Constitution
and is appointed by the Governor with approval of the Executive Council
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
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.
. The following are bureaus within the division:
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. The NHDOJ is under the executive direction of Acting Attorney General Orville B. Fitch II. The State of New Hampshire Department of Justice Building is located at 33 Capitol Street in Concord
Concord, New Hampshire
The city of Concord is the capital of the state of New Hampshire in the United States. It is also the county seat of Merrimack County. As of the 2010 census, its population was 42,695....
.
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 lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and are be responsible for the following general functions, as provided in 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 protectionConsumer protectionConsumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
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 New Hampshire Attorney GeneralAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
is the head of the Department of Justice and a constitutional officer of the state, under Part II, Article 46 of the New Hampshire Constitution
New Hampshire Constitution
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....
and is appointed by the Governor with approval of the Executive Council
Executive Council of New Hampshire
The Executive Council of the State of New Hampshire is the executive body of the U.S. state of New Hampshire. The Executive Council advises the Governor on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the...
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
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 Justices appointed by the Governor and Executive...
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 NH 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 NH Department of Justice 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 CourtNew Hampshire Supreme CourtThe 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 Justices appointed by the Governor and Executive...
or federal courtsUnited States federal courtsThe United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
; Investigates and prosecutes other criminal matters as the attorney general determines; Investigates and prosecutes MedicaidMedicaidMedicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
fraud as directed by the attorney general; and Represents the state in all post-conviction insanityInsanityInsanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including becoming a danger to themselves and others, though not all such acts are considered insanity...
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 abusePhysical abusePhysical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
or neglectNeglectNeglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
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 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 in NH RSA Title XXXI: Trade and Commerce, which serve to protect consumers.
- Environmental Protection Bureau - Enforcins 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 nuisancePublic nuisanceIn English criminal law, public nuisance is a class of common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.-Discussion:...
and other actions in superior courtSuperior courtIn common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
where and activity/activities complained may have a substantial impact upon the environment of the state.
Division of Legal Counsel
The NH Department of Justice Division of Legal Counsel has two statutory bureaus which are charged with providing legal advise and representing the state in legal matters and eminent domainEminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
. 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 in 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.