District of Columbia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in District of Columbia, with full citations and the original source on every page.
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After Congress passed and the President signed a late disapproval resolution against DC's 2025 tax-conformity legislation, did DC taxpayers have to refile their 2025 returns under the older, less-favorable rules?
No. House Joint Resolution 142 (signed February 18, 2026) did not retroactively alter 2025 tax liabilities and did not repeal the underlying DC tax laws. Two reasons. First, the federal saving…
When U.S. Attorney General Pam Bondi issued Order 6370-2025 in August 2025 vesting DEA Administrator Terry Cole with all powers of the DC Chief of Police, did MPD officers have to start obeying Cole?
No. The DC AG concluded that Order 6370 was unlawful: § 740 lets the President direct the Mayor to provide MPD services for federal purposes in an emergency, but does not authorize replacement of…
If DC's CFO disagrees with the Council's decision not to fully replenish the Fiscal Stabilization Reserve in the FY 2025 budget, can he refuse to certify the budget or refuse to release funds from a duly enacted budget?
No on both counts. The CFO is not required by law to certify the District's budget at all. His routine practice of attaching a 'balanced' certification letter is not legally required, and his…
Once the 60-day congressional review window for a DC criminal-law amendment runs out, can the U.S. Senate still kill the amendment with a late disapproval resolution?
Assuming the 60-day review period applied, the DC AG concluded that it ran from the January 26, 2023 transmittal through April 20. A later Senate disapproval vote would not change the Act's validity…
Did DC need a technical-amendment act before the Mayor could sign the Washington Metrorail Safety Commission Interstate Compact, given that the DC, Maryland, and Virginia enabling statutes had small wording differences?
No. Interstate compacts are valid when member-state enabling statutes are substantially similar, even if not word-for-word identical. The 28 small variances among the DC, Maryland, and Virginia…
Did DC voters legally win budget autonomy through the 2012 Charter amendment, or does Congress still have to appropriate the District's local funds before the Mayor can spend them?
In this 2014 opinion, AG Irvin Nathan concluded that the Local Budget Autonomy Act of 2012 was void. He said the Charter amendment process could not change protected Home Rule Act provisions,…
Can DC's elected Chief Financial Officer hire, fire, and direct the financial staff at the DC Housing Authority, even though DCHA is technically an independent agency that gets most of its money from federal HUD?
Yes. Congress has repeatedly amended the Home Rule Act since 1995 to give the DC CFO control over financial personnel at all DC agencies, including independent ones. DCHA is part of the DC…
Could DC's CFO release $191 million in supplemental FY 2008 funds for schools and early childhood programs, where the Mayor had submitted reprogramming requests but the Council had not yet approved them?
Yes. The 2008 Temporary Act, as amended by the Clarification Emergency Act, made fund release contingent on the Council's receipt of three specific reprogramming requests, not on Council approval of…
When the DC quasi-public economic-development corporation (NCRC) borrowed $6.7 million from Bank of America in 2002 with a deed of trust on property it owned, was that loan properly authorized under DC law? Did the Anti-Deficiency Acts apply?
The loan was not properly authorized. The NCRC is part of the DC government, and is subject to both the federal and DC Anti-Deficiency Acts. NCRC's only authority to borrow money is through revenue…
If DC tried to ban the sale of M-rated and AO-rated video games to minors based on the ESRB rating system, would that violate the First Amendment?
Yes. Then-Attorney General Robert J. Spagnoletti concluded the bill could not survive First Amendment review. Video games are protected speech, and the bill restricted that speech based on content.…
When DC's Corporation Counsel and the head of the Child and Family Services Agency disagree about whether to file or dismiss a child-abuse-and-neglect petition, who has the final say?
It depends on the reason for the decision. If the question is whether the evidence is sufficient to win the case, only Corporation Counsel attorneys can make the call (because that decision involves…
When DC General Hospital was reorganized into the Public Benefit Corporation in 1997, did an arbitration award issued to nurses days before the transition transfer to the PBC, or stay with the disappearing hospital?
It transferred. Section 207(a)(4) of the 1996 Public Benefit Corporation Act transferred all 'functions, assets, property, records and obligations' from DCGH to the PBC. 'Obligations' includes…
Could the DC Board of Education remove its own sitting President mid-term by a simple majority vote at a meeting, with no advance written charges and no hearing?
No. The Board's enabling statute is silent on removal, but Board Rule 108.1 incorporates Robert's Rules of Order for debate and proceedings. Under Robert's Rule § 60, an officer with a defined term…
Does the head of the DC Department of Health, or a deputy who runs a public-health program, need a DC medical license to do their job?
Only if the official actually practices medicine as part of the job. The DC Health Occupations Act defines the 'practice of medicine' as preventing, diagnosing, or treating individual patients'…
Could the 1720 Club, a grandfathered DC nude-dancing nightclub at 1720 H Street NW, transfer its liquor license to a new location and continue offering nude dancing under the 1994 Act?
No. The Corporation Counsel concluded that 'establishment' in 23 DCMR § 904.6 means the licensee's specific physical location at the time the 1994 Act took effect. A grandfathered nude-dancing…
Could the DC Inspector General subpoena the Housing Authority while it was under a DC Superior Court receivership?
Yes, under the 1998 opinion. DCHA's procurement exemption and its DC Superior Court receivership did not remove it from the Inspector General's subpoena authority. The receivership order allowed a…
Does the DC Council have the legal authority to review and approve large real-estate leases (over one million dollars per year) signed by the District government, the same way it reviews large procurement contracts?
Yes, but the source of authority changed in 1995. A 1991 Council law (D.C. Code § 1-336(c)) that purported to give the Council lease-approval power was probably invalid under Wilson v. Kelly. But…
After Congress took over the DC court system in the 1997 Revitalization Act, did DC's Corporation Counsel still defend DC judges and court employees in lawsuits, and did the DC Settlement and Judgment Fund still pay any judgments?
The 1997 opinion concluded that Corporation Counsel may, on request, represent DC court judges, officials, and employees sued in tort over their official duties. Any resulting settlement or judgment…
Did the Council have to approve contracts over one million dollars for the Washington Convention Center Authority and other DC independent agencies, or only contracts run through the Mayor's office?
Yes, all of them. Section 451(b) of the DC charter (added by the 1995 federal control-board law) covers every contract by any DC government entity over one million dollars in a 12-month period,…
Can a private company guarding federal property in DC apply for special police officer licenses for its employees?
Yes. The DC Special Police Officer statute lets any 'corporation or individual' apply, and a private contractor responsible for guarding federal property qualifies. Earlier Corporation Counsel…
Could the District use the Convention Center Fund, the Starplex Fund, or the Rainy Day Fund in 1995 to pay for studies of a new convention center and sports arena?
Yes, under the 1994 opinion. Convention Center and Starplex appropriations could cover the studies, and the Rainy Day Fund could be allocated if the Mayor and Council found the costs mandatory and…
Can a private security company in DC use one Special Police Officer commission to cover several separately owned buildings, and have that officer walk or drive between them on public sidewalks?
Yes. Both armed and unarmed Special Police Officers can patrol several separately owned residential and commercial buildings under one commission, and they can travel across public space between…
If DC has been overpaying retired judges by miscomputing their disability pensions, can DC sue to recover the overpayments years later, and can the judges raise estoppel as a defense?
Yes, DC can sue to recover overpayments and there is no statute of limitations because suits to recover public funds vindicate public rights. The retired judges cannot use equitable estoppel as a…
If a DC property owner is cited for a housing-code violation, can the owner appeal straight to the Board of Appeals and Review?
No, under this 1990 opinion. A person cited for a Housing Regulations infraction had to proceed through Civil Infractions Act adjudication before appealing a hearing examiner's final order to the…
Can the DC Council pass a law setting term limits on the DC Mayor by ordinary legislation, or does it require a Charter amendment?
The 1989 Corporation Counsel opinion concluded that Bill 8-6 could not add a mayoral term limit by ordinary legislation. It treated the proposed limit as an additional Charter qualification and said…
Does DC have to get 90% of neighbors to sign off before licensing a street festival like Adams Morgan Day?
No, under the 1988 opinion, the 90% consent rule did not apply to activities on public streets and sidewalks. If Adams Morgan Day involved a temporary street closing, a separate regulation required…
If my out-of-state charity wants to ask DC residents for donations, what does DC require us to do first?
Two registrations are required. First, file as a domestic or foreign nonprofit corporation with the DC Superintendent of Corporations. Second, complete the charitable solicitation application with…
Could DC's Department of Consumer and Regulatory Affairs fine another District agency under the 1985 Civil Infractions Act?
No, under the 1987 opinion's available text. It reaffirmed an earlier conclusion that the Civil Infractions Act did not authorize DCRA to issue notices of infraction or collect fines from other…
If a DC zoning, liquor licensing, or other agency decision affects neighborhoods on both sides of an ANC boundary, do both Advisory Neighborhood Commissions get formal notice and the right to weigh in?
Yes, more than one ANC may be affected. Under this 1987 opinion, an agency that uses the DC Register for notice need not determine whether an action affects multiple ANCs. An ANC seeking to…
When I close on a DC mortgage in the middle of the month, can the lender still charge me interest at closing for the days between closing and the start of the next full month?
Yes, under the 1987 opinion. The Wet Settlement Act did not bar collection of odd-days' interest at closing after the loan funds were disbursed and closing occurred. The opinion read the Act's ban…
When does the DC Mayor have to follow notice-and-comment rulemaking, and when can the Mayor just issue an internal directive?
Under this 1986 opinion, Mayor's Order 85-127 did not require DC Administrative Procedure Act rulemaking. The order directed District officers and employees in soliciting and accepting monetary…
Does the World Bank have to pay DC real property tax on the buildings it owns in Washington, and if not, does the exemption start when the bank bought the property or only later?
No. The World Bank is exempt from DC real property tax under the federal International Organizations Immunities Act because the President has designated it as a covered international organization.…
Can the DC Auditor demand to see the Public Service Commission's internal deliberations on a utility rate case?
Yes for procedures, no for deliberations. The DC Auditor can audit the Public Service Commission's accounts, operations, rules, and the legal authority for its work. The Auditor cannot demand to see…
If a DC police officer or firefighter is hurt in a crash while driving a District vehicle on duty, can they collect no-fault PIP benefits from DC on top of their regular disability and salary benefits?
No, under the 1984 opinion. The Corporation Counsel concluded that the existing disability-compensation schemes barred additional no-fault benefits from DC for on-duty injuries. The opinion said…
Can DC claim the contents of unclaimed safe deposit boxes that the federal Comptroller of the Currency took over from defunct national banks?
Yes. Under the 1982 Garn-St. Germain Act, states (including DC) can claim contents of safe deposit boxes from closed national banks held by the Comptroller of the Currency. DC's Uniform Disposition…
Does the DC Auditor have power to audit the DC Retirement Board, or does the federal Retirement Reform Act block that?
Yes, under this 1983 opinion. The DC Auditor could audit the Retirement Board's accounts and operations under the Home Rule Act. The 1979 Retirement Reform Act did not remove that authority,…
If the DC Office of Human Rights dismisses my private-sector discrimination complaint for no probable cause, can I appeal to the DC Commission on Human Rights for review?
No, under the 1983 opinion. The Commission lacked authority to review OHR no-probable-cause dismissals. The opinion suggested that a complainant might seek equitable relief in DC Superior Court and…
When can DC parking enforcement officers (not police) write tickets, and what kinds of violations can they ticket?
Under the 1983 opinion, DOT officers could ticket excessive idling and an unattended running motor as parking infractions. They could also ticket missing DC tags, but for that infraction the vehicle…
Does DC's no-fault auto insurance law apply to cars owned by foreign diplomats, the DC government, WMATA, or the federal government?
Yes for all four. Each must show insurance or self-insurance to register their vehicles in DC. But for WMATA and the federal government, DC cannot demand more than a statement that they are…
If a DC government employee wins a discrimination claim at the Office of Human Rights, can the OHR order the District to pay attorneys' fees and compensatory damages?
No. The Office of Human Rights cannot award attorneys' fees or compensatory damages in claims brought by DC employees against DC agencies. The Mayor's Order that governs those public-sector claims…
Could the DC Mayor obligate the District to pay interest on federal advances to its unemployment account in 1982?
Yes. The Corporation Counsel concluded the Mayor could obligate the District to pay the interest required on federal unemployment-account advances, provided the interest did not come from the…
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Attorney general opinions in District of Columbia are written by the District of Columbia 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.