Gov. John Lynch yesterday nominated his legal counsel, Michael Delaney, to serve as the state's next attorney general, days after Attorney General Kelly Ayotte announced she will step down to explore a campaign for U.S. Senate.
Delaney, 39, of Manchester, is no stranger to the attorney general's office, where he worked from 1999 to 2006. Delaney served as chief at the office's homicide unit and as deputy attorney general before departing to work for Lynch. Delaney's appointment was announced via press release, and Delaney was not available for interviews yesterday, said Lynch press secretary Colin Manning.
"Mike Delaney has distinguished himself throughout his career in both the public and private sector. Mike Delaney has an impressive record of prosecutions and possesses a keen, legal intellect, strong leadership qualities and a commitment to justice," Lynch said in a statement.
During his tenure at the attorney general's office, Delaney worked on several high-profile murder prosecutions, including the cases of Uno Kim and Gary Sampson, and on the state's crackdown on illegal gambling outfits in Manchester.
Shortly after his confirmation as deputy attorney general, Delaney took on untangling the thorny mix of allegations and political pressure that led to the resignation of attorney general Peter Heed. Under investigation for allegedly improperly touching a state employee on the dance floor during a conference, Heed had resigned under pressure from then-Gov. Craig Benson and former safety commissioner Dick Flynn, long one of the most powerful people in state government.
An outside prosecutor concluded that Flynn had improperly horned in on the investigation, and Ayotte asked Delaney to handle the follow-up in 2004.
"It was a tough first day on the job," Delaney told the Union Leader a few years ago for a profile that ran as part of the newspaper's "40 Under 40" series.
Delaney's subsequent report found that Flynn's conduct had "undermined the public's confidence in the handling of Heed's resignation and the investigation" and recommended that Flynn be suspended for 30 days. Benson ignored that recommendation. Delaney's report also concluded that, had Benson kept an in-house counsel to advise him, the flap over Heed's resignation could have been avoided.
Lynch, a Democrat, subsequently beat Benson in the 2004 election; just over a year later, Lynch tapped Delaney to serve as his in-house counsel.
Delaney's efforts to pursue justice in New Hampshire hasn't been limited to murder cases or high-profile political fights: In 2007, he spotted a lawmaker's car rear-ended by a hit-and-run driver and took down the license plate of the offender.
Though Delaney has worked for the state for a decade, two of the five executive councilors who will vote on the nomination said they don't know him well enough to render judgment just yet. The council will formally hear the nomination at their meeting next week, when councilors expect to schedule a confirmation hearing for Delaney.
"He's kept a quiet life," said Councilor Beverly Hollingworth, a Hampton Democrat, who said she's talked to Delaney about a couple of issues over the years but couldn't even remember what they were.
Councilor Deb Pignatelli, who has declined to comment on Delaney this week, said she didn't want to detail her thoughts on him. "I'd rather have a public hearing and see if I can support this nominee," she said.
This year, with the severe state budget crunch consuming much of the governor's time, Delaney's been a visible part of the governor's effort to manage.
On the final night of legislative budget negotiations last month, Delaney was on hand at midnight to make the final push in favor of suspending "bumping rights," a union-prized rule that allowed senior employees who are laid off to "bump" into the jobs of more junior employees, even if they're not in the same division. Lynch had argued that the current bumping rules make laying off employees more difficult and painful for everyone involved.
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