Bar News - June 3, 2005
Attorney General Kelly Ayotte: Calm in the Eye of the Storm
By: Dan Wise
With 52 attorneys and a total of 130 employees, the New Hampshire Attorney General's Office is one of the largest law firms in the state. With its high profile and high-stakes caseload, and its multiple, sometimes clashing masters among the executive, legislative and judicial branches, it surely is among the most complex to manage.
But Kelly Ayotte, 36, who inherited the job not quite a year ago following the resignation of Peter W. Heed, appears unruffled by the challenges of the multifaceted job - a position she uncertainly occupies as a holdover appointment pending action by the governor of the opposing party.
Meanwhile, continued success further increases the pressure on Ayotte -such as when the U.S. Supreme Court accepts your case, Ayotte v. Planned Parenthood of Northern New England. The appeal seeks to reinstate a law regarding abortions for minors that calls for parental notification with only strict exceptions. The Court's decision to take the case engendered strong reactions nationwide on both sides of the abortion debate. Judging by the headlines in newspapers across the country, the case will be closely watched. Add to that the ongoing pitched battle in the US Senate over judicial nominees that are likely to reach its climax in the pivotal appointment of a replacement for ailing Chief Justice William Rehnquist, and the case's visibility promises to hit an even higher level in the year to come.
A week before the case made her a national "name," Ayotte sat down for a general interview with Bar News. With trademark composure, Ayotte said the complexity of the job energizes rather than intimidates her. "The job changes minute by minute. That's what makes it fascinating."
Ayotte is no stranger to high profile cases. She formerly headed the homicide unit before being tapped in 2003 by Gov. Craig Benson to serve as legal counsel. Ayotte stayed in the governor's office for less than six months, and then moved back over to the Attorney General's Office when Heed, Benson's pick for Attorney General, requested that she be named as his deputy. At the start of her career (she was admitted to the Bar in 1993), as an attorney at McLane, Graf, Raulerson & Middleton, she impressed many senior attorneys with her work representing one of the co-defendants facing federal charges related a string of armed robberies, including one involving the murder of two armored car drivers whose bodies were found in Hudson, NH.
Ayotte said a major part of her job as Attorney General is staying in touch with the attorneys in the criminal division, who regularly brief and consult with her on major decisions. A spate of recent homicides - three separate incidents including a murder-suicide in the past two months - means several major investigations and big trials are coming up - but Ayotte said that's no big deal. "It is a strain on the criminal bureau, but we get used to the fact that these events can occur in a series. This is not the first time. You just work hard and handle it," says Ayotte, who became well known for her role in leading the investigation and prosecution of Vermont teenagers James Parker and Robert Tulloch for the sensational murder of two Dartmouth College professors. The case resulted in guilty pleas in 2002, with Tulloch, the mastermind, receiving a life sentence.
Ayotte said she has noticed a shift in the complexity of murder and other serious cases that the office handles -the increasing amount of forensic evidence to be reviewed. "With the onset of TV shows such as CSI, juries expect more forensic evidence," she said. "Even the absence of it is noticeable to them. You almost have to explain to the jury why you don't have a certain kind of evidence."
As the state's chief law enforcement officer, the Attorney General also works closely with police departments around the state. That can range from coordinating or improving the policies of the Anti-Drug Task Force, which earned unfavorable attention in recent months for a series of incidents of misconduct, to a strategic planning initiative to help local law enforcement agencies cope with the challenges of computers used in or providing evidence of crimes. Ayotte said the "cyber-crime" initiative will be a long-range effort to provide training for local police on investigating computer related crime and handling evidence from computers; enhancing the computer forensics capabilities of police departments through the establishment of a computer network that will enable local investigators to access files from seized computers that have been downloaded and analyzed at a central facility with advanced technology and expertise; training for prosecutors on developing and presenting evidence involving computers; and, lastly, public outreach programs to prevent computer-related crime through greater awareness and understanding of necessary preventive measures.
Another area requiring management attention in her brief tenure were multiple scandals involving operations and personnel associated with the medical examiner's office, which is part of the Department of Justice. Bombshell #1 came last summer when a non-doctor certified by the state medical examiner's office as an "assistant deputy medical examiner" from Rockingham County was arrested on charges he had been removing prescription drugs from death scenes and later using those drugs to lure and drug young men in order to have sex with them. Gene Nigro has been indicted on 22 charges of drug possession and other offenses, and the investigation is ongoing. Then in October, in a case authorities call unrelated, a high-ranking member of the medical examiner's staff, Chief Forensic Examiner Katherine Wieder, was suspended for unspecified reasons. Questions about the medical examiners' failure to provide sufficient oversight over cremations at several Rockingham County facilities also added to the spreading stain at that office.
Ayotte said new rules regarding the qualifications and procedures of assistant deputy medical examiners and regarding the handling of evidence are in the works to bolster confidence in that office's important functions.
Asked to name an accomplishment of her short tenure that hasn't attracted much attention, Ayotte pauses for a moment, stumped. "There isn't much that we do that doesn't get attention," she admits with bemusement and no trace of rancor. She then cites the reorganization in the office that installed Kris Spaeth, formerly head of the Consumer Protection and Antitrust Unit, as chief of staff. Ayotte said Spaeth's predecessor, Dan Mullen, also oversaw federal litigation and that role wasn't leaving enough time to devote to internal management. In addition, Ayotte said she is proud of having created an internal ethics committee to help attorneys and staff consider the many thorny issues that crop up. "It is important to have a committee like this so we don't lose sight of the important questions that need to be addressed."
During the interview, Ayotte takes a cell phone call, addressing arrangements for picking up her daughter, born last fall. Ayotte returns to the conversation, pausing a moment before picking up the thread of the interview. While her professional life is high-visibility and high-pressure, her personal life also has its challenges - she was appointed Attorney General while pregnant with her first child and while her husband, a military reservist, on active duty in Iraq.
Maintaining the balance of professional and family life is another challenge she faces. On the day of the interview, Ayotte said before she leaves the office, she must finish preparation for an Executive Council meeting next day where the precedent-setting audit of the Manchester Roman Catholic diocese's child abuse prevention policies is to be discussed. Compared to life before having a child, her life has become more "hectic," she admits -but not unmanageable.
"You really have to maximize your use of time to get something accomplished in the office when you know you have your daughter waiting at home," she said. "It does tend to make you more focused." She adds that family members have helped a lot.
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