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It would be very easy for Lynch to simply re-appoint Kelly Ayotte and the easy approach is very often the preferred option for elected officials. This would be a bad idea for a number of reasons, but, I'll limit my criticism to just one case. In Ayotte v. Planned Parenthood of Northern New England, Ayotte zealously defended Craig Benson's radically anti-choice agenda against all legal precedence, over Governor Lynch's objections and at significant litigation costs to the taxpayer.
The legislation at issue was prima facie unconstitutional because it made no exceptions for the life and health of the mother to parental notification requirements. Such exceptions had been found necessary in previous Supreme Court cases, which is why New Hampshire's federal court and the 1st Circuit Court of Appeals both ruled the statute unconstitutional, the appellate court unanimously.
This did not deter Ms. Ayotte from filing an appeal to the US Supreme Court. While this action doubtlessly endeared to New Hampshire's evangelicals and the radical right, the Supreme Court was less impressed. In an unanimous decision (yes including Scalia, Thomas, and Roberts) the US Supreme ruled the law unconstitutional. And reading the transcripts of the oral arguments doesn't leave one with a warm feeling about Ms. Ayotte.
So who should Lynch appoint? I have some quick suggestions, just to get people thinking.
Sen. Maggie Wood Hassan - Senator Hassan, currently Senate Majority Leader and an attorney focusing on employment law issues with Pierce Atwood in Portsmouth is an obvious choice. A capable leader in the Senate, she has proven that she can get things done in Concord and her legal and political experience would serve her well as our attorney.
Jeff Meyers - Mr. Meyers, currently serving as the Senate's legal counsel, is a less obvious choice. His eight years as an Assistant AG in the environmental section, his experience as senior partner with the Manchester and Boston firm of Nelson, Kinder, Mosseau, and Saturely, and his work for cities and towns on land-use and enviromental matters give him a comprehensive background in New Hampshire law.
Tom Donovan - Tom Donovan, a former head of the Manchester Bar Association and director at McLane, Graf, Raulerson & Middleton, was the Democratic nominee for mayor in the 2007 Manchester municipal election. His experience as both a litigator and as a director with McLane would make him a great candidate to run the people's law firm. And his work as a former director of Child and Family Services of New Hampshire demonstrate his commitment to public service.
Ann McLane Kuster - While she has been mentioned as a possible candidate for the House when Paul Hodes runs for the Senate, the AGs office would be at least as good a fit. Her experience in non-profits and other public service is too extensive and well-known to be listed here, but suffice to say that her work on the boards of both NHPR and the New Hampshire Charitable Foundation are capstones to a long career in public service. Her legal experience in family, education, and health issues would also prove invaluable.
Jim Craig - Jim Craig, known as a conciliator in the NH House, is also a former Manchester Bar Association head and is known to all in New Hampshire politics. As Minority Leader in the House during Lynch's first term, Mr. Craig helped move Lynch's agenda forward in the face of GOP majorities in both Houses and on the Executive Council. As an attorney in practice with his father at the family firm, Jim Craig has helped countless Manchester citizens with legal help and counsel. His combination of Concord-insider status and reasonableness would make him a solid choice.
One final thought: A lot of people will tell you that the AG should be a prosecutor. While a prosecutor can certainly do the job, we should remember that neither Steve Merrill or Warren Rudman had been prosecutors before becoming New Hampshire's Attorney General.
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