Georgia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Georgia, with full citations and the original source on every page.
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When a Georgia school district or county collects an Education SPLOST or special county SPLOST and the money sits in an interest-bearing account before being spent, who gets the interest and what can it be used for?
The same projects. The Georgia AG concluded that interest earned on Education SPLOST and special county SPLOST proceeds must be used exclusively for the purposes specified in the resolution or ordinan…
If a Georgia superior court judge resigns to take a federal judgeship, does he keep his rights to JRS spouses' benefits and to disability retirement benefits?
Half and half. The Georgia AG concluded that a JRS member who has paid spouses'-benefits contributions for at least ten years has a vested right to those benefits even after leaving JRS-covered office…
Can a Georgia public university let a student do an academic-credit internship at a religious organization that hires only people of its own faith, or would the university violate the Constitution by allowing it?
The opposite is true. The Georgia AG concluded there is no legal barrier to the university letting a student satisfy an internship requirement at a sectarian facility that limits hiring to people of i…
Which of fifteen new misdemeanor offenses created by the Georgia General Assembly in 2000 should be added to the list for which arrestees must be fingerprinted by the Georgia Crime Information Center?
Three. The Georgia AG designated O.C.G.A. § 48-13-60 (innkeeper false or fraudulent excise tax returns), § 50-25-7.9(b) (improper personal purchases through the Georgia Technology Authority), and § 50…
Are Georgia's statutes letting public school classrooms display 'In God We Trust' and including 'respect for the creator' in the K-12 character curriculum facially unconstitutional under church-state separation principles?
No. The Georgia AG concluded that neither O.C.G.A. § 50-3-4.1 (the 'In God We Trust' display) nor § 20-2-145 (the character-education trait of 'respect for the creator') is unconstitutional on its fac…
Can a Georgia physician's assistant write prescriptions for controlled substances and obtain a DEA registration number?
Yes, in a limited way. The Georgia AG concluded that under O.C.G.A. § 43-34-103(e.1), a PA may prescribe Schedule III, IV, and V controlled substances when acting under proper physician supervision an…
Can Georgia constitutionally bar Department of Public Safety employees from contributing to political campaigns in county or state elections?
Yes, with one limit. The Georgia AG concluded that O.C.G.A. § 35-2-12 may be enforced to prohibit DPS employees (including state troopers) from making political contributions in county or state primar…
Does putting his investments into a blind trust let a Georgia public officer skip itemizing them on his ethics disclosure form?
No. The Georgia AG concluded that the Ethics in Government Act has no blind-trust exemption, and a public officer who is the sole beneficiary of a blind trust still holds a direct ownership interest i…
Can Georgia's Department of Education send Reading Challenge after-school grants to churches and other sectarian institutions?
No. The Georgia AG concluded that Article I, Section II, Paragraph VII of the Georgia Constitution forbids public funds, directly or indirectly, in aid of any sectarian institution. Grants to sectaria…
After Congress passed the Gramm-Leach-Bliley Act, can Georgia still enforce O.C.G.A. § 33-3-23, which barred banks and their affiliates from selling insurance in cities with more than 5,000 people?
No. The Georgia AG concluded that Section 104 of the Gramm-Leach-Bliley Act, codifying the Barnett Bank standard, preempts O.C.G.A. § 33-3-23. Georgia's 5,000-population cap significantly interfered w…
Can a Georgia local law (here, a DeKalb County act) let a county commissioner stay in office until December after resigning to run for CEO, or does the Georgia Constitution force the seat vacant the moment the commissioner qualifies?
The Constitution wins. Article II, Section II, Paragraph V automatically vacates the office the moment the elected official qualifies for another office whose term would overlap by more than 30 days. …
Can sick leave a Georgia state employee earned while a member of ERS be credited toward retirement under the Teachers Retirement System after the employee transfers to a TRS-covered job?
No. The Georgia AG concluded that O.C.G.A. § 47-3-92 only authorizes credit for sick leave that was actually accrued while the employee was a TRS member. ERS-era sick leave does not transfer in for TR…
Can a Georgia trial judge use First Offender Act sentencing for a misdemeanor, or is it limited to felonies only?
Yes. The Georgia AG concluded that the First Offender Act, O.C.G.A. § 42-8-60, applies to both felony and misdemeanor offenses unless a specific statute (such as the DUI bar in § 40-6-391(f)) carves o…
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Attorney general opinions in Georgia are written by the Georgia 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.