Delaware Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Delaware, with full citations and the original source on every page.
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What does Delaware AG Opinion 2012-11-19-casualseasonal-job-opening (Casual/Seasonal JOB OPENING) say?
Opening Date: November 19, 2012 Closing Date: November 28, 2012 This is a Casual/Seasonal position (maximum of 37.5 hours work per week) without healthcare benefits. Salary will be commensurate w…
What does Delaware AG Opinion 2012-11-09-bidens-office-to-host-housing- (Biden’s Office to Host Housing Workshops with Mortgage Lenders November 14 and 15) say?
Wilmington – Attorney General Beau Biden announced today that several of the nation’s largest mortgage lenders will participate in workshops his office is organizing next week to help Delawareans at r…
What does Delaware AG Opinion 2012-11-07-superior-court-sides-with-atto (Superior Court Sides With Attorney General’s Office In Freedom of Information Suit) say?
Dover – Attorney General Beau Biden announced today that a Superior Court judge has granted his office’s demands that the Camden-Wyoming Sewer and Water Authority release records under the state’s Fre…
Is there a deadline for asking Delaware's Attorney General to investigate an old open-meetings complaint?
Yes, in practice, under the law as it stood in 2012. The AG dismissed a resident's FOIA petition over a 2010 wind turbine agreement as untimely because it was filed more than two years after the meeti…
Can a Delaware city withhold police officers' names from public salary records?
No. The AG concluded that Wilmington police officers' salary and compensation records are public under Delaware's FOIA, and that the Law-Enforcement Officers' Bill of Rights, which protects officers f…
What happens when a Delaware town council repeatedly holds closed-door meetings without explaining why?
It can't. Delaware's FOIA requires town councils to state the specific reason for any closed executive session and to list major agenda items in advance. The AG found Dewey Beach's Town Council violat…
What does Delaware AG Opinion 2012-06-20-reminder-biden-announces-commu (REMINDER: Biden Announces Community Shredding Events This Spring) say?
Members of the Media – Reminder: The Attorney General’s free consumer shredding events continue this Saturday in Dover and end Saturday, June 23 in Wilmington. See original announcement below. _______…
What does Delaware AG Opinion 2012-06-12-biden-announces-housing-worksh (Biden Announces Housing Workshops with Mortgage Lenders June 25 and 26) say?
Media Release Wilmington – Attorney General Beau Biden announced today that eight of the nation’s largest mortgage lenders will be attending workshops his office is organizing to help Delawareans who …
What does Delaware AG Opinion 2012-06-08-biden-and-advocates-to-recogni (Biden and Advocates to Recognize World Elder Abuse Awareness Day With Events Statewide on June 15) say?
Media Release Wilmington – Attorney General Beau Biden announced today that his Senior Protection Initiative, along with state agencies, law enforcement, and other advocates will recognize the 7th Ann…
Is a nonprofit society empowered to enforce animal cruelty laws a "public body" under Delaware's FOIA?
Yes, still, the AG confirmed. In this supplemental opinion, the AG clarified that the Kent County SPCA qualifies as a "public body" under Delaware's FOIA specifically because the General Assembly empo…
What does Delaware AG Opinion 2012-06-07-anti-bullying-legislation-wins (Anti-Bullying Legislation Wins General Assembly Approval Proposals from AG) say?
Media Release Anti-Bullying Legislation Wins General Assembly Approval Proposals from Attorney General, Lieutenant Governor and Education Committee Chairs set to become law DOVER – A bill that impleme…
What does Delaware AG Opinion 2012-06-01-newark-man-arrested-on-child-p (Newark Man Arrested on Child Pornography Charges) say?
Media Release Wilmington – Attorney General Beau Biden announced that a Newark man has been arrested on child pornography charges following an investigation by the Delaware Child Predator Task Force. …
What does Delaware AG Opinion 2012-06-01-attorney-generals-office-to-ho (Attorney General’s Office to Hold Foreclosure Open Houses June 4-9) say?
Media Release Wilmington – Attorney General Beau Biden announced today that his office is sponsoring foreclosure open houses next week in locations statewide to assist homeowners who are behind on mor…
What does Delaware AG Opinion 2012-05-29-biden-calls-for-change-in-for- (Biden Calls for Change in For-Profit School Funding Rule to Protect Veterans’ Benefits) say?
Media Release Biden Calls for Change in For-Profit School Funding Rule to Protect Veterans’ Benefits Loophole allows schools to exploit federal veterans’ education funding Wilmington – Attorney Genera…
What does Delaware AG Opinion 2012-05-24-dover-man-arrested-for-dealing (Dover Man Arrested for Dealing in Child Pornography) say?
Media Release May 24, 2012 Dover Man Arrested for Dealing in Child Pornography Dover – Attorney General Beau Biden announced today that the Delaware Child Predator Task Force has arrested a Dover man …
What does Delaware AG Opinion 2012-05-22-attorney-general-biden-joins-u (Attorney General Biden Joins United States Senators in Seeking Expanded Housing Assistance for Troops) say?
Media Release May 22, 2012 CONTACT: Jason Miller (Delaware Department of Justice), 302-893-8939 Chip Unruh (Senator Reed), 202-224-2642 Max Gleischman (Senator Durbin), 202-228-5244 Seth Larson (Senat…
What does Delaware AG Opinion 2012-05-18-biden-announces-settlement-wit (Biden Announces Settlement with Skechers Over Charges of Deceptive Advertising) say?
Media Release Wilmington – Attorney General Beau Biden announced that Delaware has joined the federal government, 42 states, and the District of Columbia in reaching an agreement with Skechers USA to …
What does Delaware AG Opinion 2012-05-14-biden-sues-publishers-in-consp (Biden Sues Publishers In Conspiracy to Overcharge Consumers Price fixing scheme cost readers $100 million) say?
Media Release Wilmington – Attorney General Beau Biden and 16 other Attorneys General are seeking to join a lawsuit against two of the nation’s largest publishers and Apple, alleging that they and oth…
What does Delaware AG Opinion 2012-05-14-biden-announces-arrest-of-teac (Biden Announces Arrest of Teacher for Child Solicitation) say?
Media Release Wilmington – Delaware Attorney General Beau Biden announced today that an undercover investigation by the Delaware Child Predator Task Force has led to the arrest of a 31-year-old Bear m…
What does Delaware AG Opinion 2012-05-11-child-predator-task-force-arre (Child Predator Task Force Arrests Man for Soliciting Child for Sex) say?
Media Release Wilmington – Attorney General Beau Biden announced today that a Child Predator Task Force undercover investigation resulted in the arrest of a Delaware student for soliciting a detective…
What does Delaware AG Opinion 2012-05-10-biden-puts-penalties-to-work-f (Biden Puts Penalties to Work for Delaware) say?
Media Release May 10, 2012 Biden Puts Penalties to Work for Delaware: $10.6 million secured after 18-month investigation of widespread servicing fraud by nations largest mortgage banks Wilmington – At…
What does Delaware AG Opinion 2012-05-10-biden-announces-expanded-initi (Biden Announces Expanded Initiative to Combat Neighborhood Crime) say?
Media Release Landlord training June 9 in Harrington to focus on proven techniques to reduce crime in rental properties Wilmington – As part of its ongoing action to reduce crime and improve the quali…
What does Delaware AG Opinion 2012-05-09-biden-urges-congress-to-increa (Biden Urges Congress to Increase Federal Funding for Victims of Crime) say?
Media Release 51 Attorneys General propose raising spending cap on Crime Victims Fund Wilmington – Delaware Attorney General Beau Biden and his colleagues in 50 states and territories urged Congress t…
Does a mayor's office have to hold open meetings under Delaware's open meetings law?
No, under the law as it stood in 2012. The AG found the Wilmington Mayor's Office is exempt from FOIA's open meeting requirements because its entire decisionmaking authority rests with one person, and…
What does Delaware AG Opinion 2012-05-03-jury-recommends-death-sentence (Jury Recommends Death Sentence For Convicted Murderer James Cooke) say?
Media Release Wilmington – Today a New Castle County Superior Court jury recommended, in a vote of 11 – 1, that James Cooke received a death sentence for the rape and murder of University of Delaware …
What does Delaware AG Opinion 2012-05-01-biden-warns-motorists-of-dange (Biden Warns Motorists Of Dangers of Distracted Driving) say?
Media Release Joins Federal, State Officials To Call For Safer Driving on Inaugural Stop the Texts Day Wilmington – Citing the alarming statistic that a majority of young drivers admit to texting whil…
What does Delaware AG Opinion 2012-04-27-biden-urges-delawareans-to-tak (Biden Urges Delawareans To “Take Back” Unneeded Prescription and Over-The-Counter Drugs) say?
Attorney General’s Office to Sponsor 3 Sites in Free Statewide Initiative Tomorrow from 10 a.m. to 2p.m Wilmington – Noting that in 2009 7 million Americans 12 years of age and older abused prescripti…
What does Delaware AG Opinion 2012-04-26-attorney-general-biden-legisla (Attorney General Biden, Legislators Propose Targeting False Statements to Law Enforcement) say?
Bipartisan group of former police officers sponsor legislation Dover – Attorney General Beau Biden and a bipartisan group of lawmakers announced legislation today that will create a felony offense of …
What does Delaware AG Opinion 2012-04-23-deadline-extended-for-student- (Deadline Extended for Student Video Competition That Raises Awareness of Senior Abuse) say?
Media Release Wilmington – Attorney General Beau Biden’s office today announced that the deadline for its annual student senior abuse video competition has been extended to May 1, 2012. The contest, s…
What does Delaware AG Opinion 2012-04-23-biden-to-address-national-stud (Biden to Address National Student Consumer Competition Tuesday in Philadelphia) say?
Media Advisory Philadelphia, PA – Tomorrow (Tuesday, April 24) in Philadelphia Attorney General Beau Biden will address hundreds of students gathered from across the country who are competing in the 2…
Does a Delaware zoning board have to let the public comment before ruling that a building-permit appeal was filed too late?
No, under the law as it stood in 2012. The AG found the Rehoboth Beach Board of Adjustment's notice of an appeal hearing adequately covered a threshold ruling on whether the appeal was filed on time, …
What does Delaware AG Opinion 2012-04-09-national-mortgage-foreclosure- (National Mortgage Foreclosure Settlement Finalized by Court Order) say?
Biden secured $45 million for Delaware and fought for important new protections for America’s military men and women Wilmington – Delaware Attorney General Beau Biden announced today that a federal ju…
What does Delaware AG Opinion 2012-04-02-department-of-justice-secures- (Biden Marks Child Abuse Prevention Month) say?
Highlights Staggering Statistics; Calls Upon Adults to Speak for Voiceless Victims Wilmington – Before the age of 18, 1 in 4 girls and 1 in 6 boys will be sexually abused. Only 1 in 10 of those young …
Can a Delaware school board post only a 'Tentative Agenda' instead of a final one before its meetings?
No, under the law as it stood in 2012. The AG found the Caesar Rodney School Board violated FOIA by posting only 'Tentative Agendas' (misleadingly implying a final version would follow) and by not sta…
Does a nonprofit animal cruelty society have to hold open board meetings if it gets a small state grant?
Yes, the AG found. The Kent County SPCA is a "public body" under Delaware's FOIA because it is empowered by the state to enforce animal cruelty laws and receives a state grant-in-aid, so its board mee…
What does Delaware AG Opinion 2012-03-12-delawares-motion-to-intervene- (Delaware’s Motion to Intervene in DuPont Trust Case Granted by Florida Court) say?
Wilmington – Delaware Attorney General Beau Biden announced that a Florida court on Friday granted his office’s motion to intervene in a case involving the Alfred I. duPont Testamentary Trust, which f…
What does Delaware AG Opinion 2012-02-28-biden-urges-delawareans-to-par (Biden Urges Delawareans to Participate in Federal Foreclosure Review) say?
Wilmington – Delaware Attorney General Beau Biden encouraged Delawareans whose mortgage loans were active in the foreclosure process in 2009 and 2010 to take advantage of an opportunity to have their …
What does Delaware AG Opinion 2012-02-27-biden-announces-video-contest- (Biden Announces Video Contest For High School Students) say?
Annual competition engages young people in tackling senior abuse by raising awareness, encouraging reporting Wilmington – Attorney General Beau Biden today announced that his office has launched its s…
Do Delaware county sheriffs have the legal authority to arrest people?
No, in the AG's view. Responding to a Kent County Sheriff's own question, the AG concluded that Delaware sheriffs and their deputies have neither constitutional arrest power under the historic "conser…
What does Delaware AG Opinion 2012-02-16-greenwood-man-charged-with-def (Greenwood Man Charged with Defrauding Infirm Senior Out of Over $50,000) say?
Georgetown – A 42-year-old Greenwood man has been arrested and charged with financial exploitation of an infirm adult after investigators discovered he had fraudulently pocketed over $50,000 from his …
Can an out-of-state housing authority's corporate arm operate as a public housing authority in Delaware?
No, the AG found. Only a housing authority created and operating under Delaware's exacting statutory process, certified by the Delaware State Housing Authority and appointed by the Governor and local …
Can a school board approve a raise for administrators by adding it to the meeting agenda only after the meeting has already begun?
No, under the law as it stood in 2012. The AG invalidated the Capital School District Board's vote granting administrators a five percent raise because the item never appeared on the agenda until afte…
Can a Delaware agency block a new records request just because it denied a similar one before?
No, the AG found. The Department of Labor violated FOIA by withholding routine wage-law inspection records, citations, and site-visit logs under a blanket "investigative files" exemption without expla…
Can a Delaware prison inmate use FOIA to get records from the Department of Correction?
No, the AG found. Delaware's FOIA specifically excludes from the definition of "public record" any Department of Correction records where an inmate in the Department's own custody is the one seeking d…
Can Delaware's prison system keep the identity of its execution drug supplier secret under FOIA?
No, the AG found. The Delaware Department of Correction had to turn over its purchase, invoice, and transfer records for lethal injection chemicals because none of DOC's four justifications, pending l…
Can a Delaware city redact the price terms from a public government contract to protect a vendor's competitors from underbidding?
No, the AG found. The City of Dover violated FOIA by redacting the price and payment terms from its solar energy contract with White Oak, because final negotiated contract prices are not "obtained fro…
What does Delaware AG Opinion 2011-08-22-polluters-face-tougher-penalti (Polluters Face Tougher Penalties Under New Law) say?
Chronic environmental violators targeted Wilmington – Legislation enhancing financial penalties for polluters who repeatedly break Delaware’s environmental protection statutes has become law, Attorney…
What does Delaware AG Opinion 2011-08-19-georgetown-man-charged-with-de (Georgetown Man Charged with Dealing Child Pornography) say?
Child Predator Task Force investigation leads to multiple counts Georgetown – An investigation by the Delaware Child Predator Task Force along with the Delaware State Police has resulted in the arrest…
What does Delaware AG Opinion 2011-08-18-dsp-trooper-pleads-guilty-to-h (DSP Trooper Pleads Guilty to Harassment) say?
DSP Trooper Pleads Guilty to Harassment Georgetown – Ryan J. Mitchell, age 36 of Frankford, pled guilty yesterday to one count each of Harassment and Misuse of a Computer in connection with unwanted a…
What does Delaware AG Opinion 2011-08-18-attorney-generals-office-helps (Attorney General’s Office Helps Landlords Combat Neighborhood Crime) say?
Second training for property owners to be held Saturday, August 20th Wilmington – For the second time this year, the Department of Justice will hold a day-long training course for property owners to g…
If a school board's vote wasn't on the meeting agenda, does redoing that same vote in public later fix the problem?
Yes, effectively, under the law as it stood in 2011. The AG found the Woodbridge School Board technically violated FOIA by voting on a new superintendent without listing it on the agenda, but ordered …
Do Delaware meeting minutes have to summarize what was discussed, or just record who attended and how they voted?
Mostly, under the law as it stood in 2011, no violations at all: the AG found a town's general agenda items, its removal of an item without explanation, its lean meeting minutes, and its handling of s…
Can a school board discuss a lawsuit update or pay-period costs behind closed doors in Delaware?
Partly, the AG found. Laurel School Board mislabeled a job-applicant discussion as a personnel matter but didn't have to fix that because the public was otherwise well informed, while its executive-se…
What does Delaware AG Opinion 2011-08-12-attorney-generals-power-to-cle (Attorney General’s Power to Clean Up Communities Strengthened Under New Law) say?
Measure expands Nuisance Abatement Program that focuses on crime-infested properties Dover – A bill that enhances the Department of Justice’s ability to target crime-ridden properties through its Nuis…
What does Delaware AG Opinion 2011-08-09-biden-objects-to-proposed-mort (Biden Objects to Proposed Mortgage Securities Settlement) say?
Del. Attorney General seeks more information over concerns about potential violations of Delaware law and inadequate response to investors Wilmington – Delaware Attorney General Beau Biden announced t…
What does Delaware AG Opinion 2011-08-03-priest-indicted-on-theft-charg (Priest Indicted on Theft Charges) say?
Wilmington – Following a 5- month investigation by the Attorney General’s Senior Protection Initiative, the New Castle County Grand Jury has indicted Father Michael Angeloni with one count of Theft ov…
What does Delaware AG Opinion 2011-08-03-legislation-to-make-delawares- (Legislation to Make Delaware’s Roads Safer Becomes Law) say?
New laws toughen penalties on repeat DUI offenders and criminally negligent drivers Newport – Attorney General Beau Biden joined Governor Jack Markell today as the Governor signed into law two pieces …
What does Delaware AG Opinion 2011-08-03-foia_dispute (Biden Files Suit on Behalf of Citizen in FOIA Dispute) say?
Attorney General’s Office acts to gain access to public information DOVER – Attorney General Beau Biden announced that his office filed a lawsuit today demanding that the Camden-Wyoming Sewer and Wate…
What does Delaware AG Opinion 2011-08-02-coin-salesman-receives-three-y (Coin Salesman Receives Three-Year Sentence for Defrauding Quadriplegic Out of $200,000) say?
Wilmington – Attorney General Beau Biden announced today that Marcus Meehan, age 40, of Buna, Texas, was sentenced on Friday, July 29 to three years in prison and was ordered to repay $200,000 restitu…
What does Delaware AG Opinion 2011-08-01-attorney-generals-office-holds (Attorney General’s Office Holds Police Training to Fight Child Predators) say?
Child Predator Task Force holds first statewide course for law enforcement Dover – At the start of a two-day training course designed to enhance Delaware police agencies’ ability to combat technology-…
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Attorney general opinions in Delaware are written by the Delaware Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.