Gould Confirmed To NH Supreme Court; Formella As Attorney General

By PAULA TRACY, InDepthNH

MANCHESTER, NH — The state's Executive Council has confirmed attorney Bryan Gould, 67, of Pittsburg as associate justice on the New Hampshire Supreme Court, replacing the retiring James Bassett.

The vote was 4-1 with Democrat Karen Liot Hill of Lebanon casting the lone dissenting vote.

She said the people of New Hampshire deserve an impartial justice and said he has long represented partisan issues and will not recuse himself on education funding issues which may come before the high court.

Executive Councilor John Stephen, R-Manchester, maintained that Gould believes politics has no place in the role as a justice.

Executive Councilor Joe Kenney, R-Wakefield, said he believes Gould has a strong sense of independence and that he knows that roles change when you put on a robe.

"I have no doubt he will do a good job," Kenney said.

Executive Councilor David Wheeler, R-Milford, said Gould was the lawyer for the Executive Council in the early 2000s. He said he admires his demeanor and his calm, cool way.

Executive Councilor Janet Stevens, R-Rye, said she would support him noting he worked for the League of Women Voters.

He will be able to serve the high court until his 70th birthday.

The council also confirmed Attorney General John Formella to another term on a vote of 4-0 with Executive Councilor Liot Hill recusing herself from the vote after previously stating that because so many have asked Formella to investigate her, she wanted to remove herself from the vote to ensure there was no appearance of impropriety.

Councilor Stephen said there is no one who knows the department of justice better than Formella. His advice has been cogent, clear and said he believes strongly that he is "the person for the job."

Kenney also thanked the governor for the nomination of Formella and said he has been very responsive to the needs of his constituents.

Today, the Executive Council confirmed Governor Kelly Ayotte’s nominee for Associate Justice of the New Hampshire Supreme Court, Bryan Gould. Gould will be sworn in on Thursday, September 18.

Ayotte released the following statement on Gould’s confirmation:

“Congratulations to Bryan Gould on his confirmation by the Executive Council today. I know his exceptional qualifications will make him an excellent Supreme Court Justice, and all of New Hampshire will be better off with someone of such exceptional integrity and character on the bench. I was proud to nominate Bryan and am confident he will uphold our Constitution and the rule of law every day he serves on the Court.”

The meeting was at the New Hampshire Institute of Politics at St. Anselm College and was hosted by Councilor Stephen as part of the council's summer "road show" where regular meetings are held across the state. The council has so far held meetings this summer at Bretton Woods, Pittsburg, Hampton and Newbury on its tour which concludes in Hollis at Fulchino Vineyard at 10 a.m. Oct. 1.

At a public hearing on Gould's nomination last week those who support him spoke of his experience and integrity as a lawyer while opponents focused on his lack of judicial experience, his work for Republicans, including Governor Kelly Ayotte while running for office, and for Casella Waste Systems, whose subsidiary is currently suing the state.

Gould's application for the job indicated his practice of the law did not include criminal, family law or probate experience but 60 percent of his work over the past five years was in civil trial practice and about 15 percent in strategic counseling.

Gould has 35 years of experience as a lawyer in the state and said during a public hearing considers himself a "generalist." He has worked for Casella in its pursuit of developing a landfill in Dalton among other clients including Coos County on issues related to carbon capture and its impacts on forestry.

Gould has also represented the Executive Council though not for the individuals who represent the council currently.

The application lists all the legal cases where Gould has served his clients. He told the council he would recuse himself from any case involving Casella which may come before the high court.

Adam Finkel, who opposed Casella projects, said after the confirmation: "New Hampshire can now only cross its fingers and hope that with zero judicial experience, a history as an 'enforcer' of his clients' campaigns against private citizens, and with a 30-year record of twisting the law to suit his advocacy, Bryan Gould can suddenly change his stripes and become the 'textualist' arbiter he claims to be."

Formella Gets A Second Term

Thirty-nine year old Portsmouth resident and state Attorney General John Formella was confirmed to a second term Wednesday.

First appointed by former Gov. Chris Sununu, his four-year term as the state’s top law enforcement officer ended in April.

There had been speculation as to whether Ayotte, who had once been the state Attorney General herself, would pick Formella for another term. Formella is currently the president of the National Association of Attorneys General, a position he was elected to in December 2024.

He has made a name for himself nationally for his work on fighting the opioid crisis and securing funding from drug companies to help treat and prevent more deaths which are currently on the decline in the Granite State.

Formella is also credited with creating a northern border alliance with Canada.

Formella was in private practice until he became legal counsel to former Gov. Chris Sununu from 2017 until 2021. He was tapped for the job of attorney general after former Attorney General Gordon J. MacDonald was approved on a 4-1 Executive Council vote to become Chief Justice of the New Hampshire Supreme Court.

This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.