Maryland Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maryland, with full citations and the original source on every page.
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Does Maryland's Public Information Act apply to delayed public broadcasts of encrypted police radio dispatch calls?
The opinion concluded that live, unencrypted police radio chatter picked up by a scanner is not itself a public record, but a recording made to facilitate a delayed public broadcast of that radio traf…
Can a Maryland police officer still testify about what they saw if a court throws out their body-worn camera recording under the state's wiretap law?
The opinion concluded that Maryland's Wiretap Act applies to a police officer's body-worn camera only when the officer intentionally records a private conversation without fitting an exception, and th…
Is alkaline hydrolysis, also called water cremation, legal for disposing of human remains in Maryland?
The opinion concluded that alkaline hydrolysis (water cremation) is generally illegal in Maryland, because state law only permits five specific ways to bury or dispose of a body, and neither of Maryla…
Can Maryland's Governor or General Assembly cut or redirect the casino-funded money set aside to repay Built to Learn Act school construction bonds?
The opinion concluded that the Built to Learn Act's requirement to move a fixed amount each year from the casino-funded Education Trust Fund into the school construction bond repayment fund is a const…
Can a Maryland commissioner county set its own definition of 'newspaper' for legal notices?
Maryland's Attorney General advised that St. Mary's County, a commissioner county, cannot change the state-law definition of 'newspaper' (in General Provisions Section 1-113) for legal notices require…
Can a Maryland county require alcohol retailers to live in that county to get a liquor license, or does that discriminate against out-of-county and out-of-state residents in violation of the Commerce Clause?
The opinion concluded that Harford County's requirement that alcoholic beverages licensees reside in the county, even though no longer a durational requirement, would likely be struck down under the C…
Can a Maryland code home rule county charge a private waste transfer station a 'host fee' without express authorization from the state legislature?
The opinion concluded that Charles County, as a code home rule county, could not impose the proposed 'host fee' on private waste transfer stations because no state law in effect when the county adopte…
Can Maryland require divorced or unmarried parents to keep paying child support while their adult child is in college, without violating equal protection?
The opinion concluded that a proposed bill letting courts order child support for college-age children of separated or divorced parents, until age 23, would not violate the Equal Protection Clause, be…
Can a government leave policy require judges to use their own vacation days for religious holidays instead of giving them extra paid leave?
The opinion concluded that Maryland's policy of letting judges use only their existing personal and annual leave, not extra paid administrative leave, to be absent for religious holidays did not viola…
Can a Maryland city or county require stricter tree-protection rules for new development than the state's Forest Conservation Act?
The opinion concluded that Maryland's Forest Conservation Act let local jurisdictions such as counties and cities adopt local tree-protection programs stricter than the state's own reforestation ratio…
Does cheating with someone of the same sex count as adultery for a Maryland divorce?
The opinion concluded that a spouse's extramarital sexual conduct with someone of the same sex qualifies as adultery under Maryland's family law divorce statute, so a spouse could use a partner's same…
Can a Maryland county's board of commissioners appoint one of its own sitting members to serve as a regular citizen member of the county planning commission?
The opinion concluded that a Frederick County commissioner's appointment to a five-year, non-ex-officio seat on the planning commission was void from the outset, because state law lets a board appoint…
Does Maryland's Homestead Tax Credit reduce special district taxes, like shore erosion control or waterways improvement assessments, in addition to regular county and municipal property taxes?
The opinion concluded that the Homestead Tax Credit did not apply to special benefit taxes imposed by Anne Arundel County's Special Community Benefit Districts, Shore Erosion Control Districts, or Wat…
Do people who get a free government cellphone through the Lifeline program have to pay Maryland's 911 fee?
The opinion concluded that low-income Marylanders who received a free cellphone and free monthly minutes through the federal Lifeline program were not required, under the law as it then stood, to pay …
Does Maryland's ban on a 'segregated ballot' for disabled voters mean their ballots have to look identical to everyone else's, or just avoid being counted separately?
The opinion concluded that a voting system creates an unlawful 'segregated ballot' for disabled voters only when the ballots produced for them are distinguishable in appearance or handling from other …
Can Maryland release the personal email addresses of citizens who sign up for a county newsletter under the Public Information Act?
Maryland's Attorney General concluded that the Public Information Act does not let a records custodian unilaterally withhold citizens' personal email addresses just because releasing them might harm t…
When could Maryland clerks start issuing marriage licenses to same-sex couples after voters approved same-sex marriage?
Maryland's Attorney General advised that after voters approved the Civil Marriage Protection Act in November 2012, clerks could accept applications immediately and could issue same-sex marriage licens…
Can a Maryland city use its stormwater 'system of charges' to build curbs, and can it bill tax-exempt property owners?
Yes on both, with limits. Curbs may be built and maintained with stormwater 'system of charges' revenue under Environment Article § 4-204(d), as long as the curbs function as an integral part of the s…
Can a Maryland code home rule county hold a special election to fill newly created county commissioner seats?
Maryland's Attorney General advised Caroline County that an off-year 2012 vote to fill two newly created county commissioner seats would be a special election, not a general one, even if held on the p…
Can a Maryland deputy sheriff make someone remove a veil or face covering to enter a courthouse, even if they wear it for religious reasons?
Yes. A deputy sheriff may require anyone entering a courthouse to temporarily remove a mask, veil, or other face covering at the security checkpoint, whether or not the person cites a religious reason…
How can a Maryland State's Attorney get someone's medical records for a criminal case under HIPAA and state law?
Maryland's Attorney General laid out how a State's Attorney can obtain confidential medical records for a criminal investigation or trial while complying with the Maryland Confidentiality of Medical R…
Is Maryland's old law making it a crime to be paid for joining a 'racial demonstration' still valid?
No. The Attorney General concluded that a court would likely hold Article 49B, § 6, a 1964 statute making it a crime to receive any remuneration for participating in a 'racial demonstration,' unconsti…
Can Maryland State Police charge a share of its overall helicopter operating costs, not just direct medical-flight costs, to the state's medevac fund?
The Attorney General concluded that the Department of State Police's practice of charging the Maryland Emergency Medical System Operations Fund for a percentage of its overall helicopter operating cos…
Can an out-of-state bank with no Maryland branch hold trust accounts for Maryland lawyers?
The Attorney General concluded that a financial institution located entirely outside Maryland and its neighboring jurisdictions, such as a federal savings association headquartered and branched only i…
Can the public get a mug shot from a Maryland police department under the Public Information Act?
Maryland's Attorney General concluded that a booking photo (mug shot) held by a police department is not the kind of protected criminal history record information that must be kept confidential. It is…
Can a Maryland county charge property owners a stormwater management fee, and is it legally a fee or a tax?
It can be either, according to the opinion. The statute lets a county or municipality set up a stormwater management 'system of charges' as a regulatory fee, a tax, or a combination of both, and which…
Does a misdemeanor conviction from another state count against you under Maryland's firearms disqualification law?
The opinion concluded that an out-of-state misdemeanor conviction disqualified a person from possessing a regulated firearm in Maryland if the offense would be classified as a misdemeanor with a poten…
Could Maryland's energy office legally move money from a fund set up to make low-interest loans for community energy efficiency projects into a separate fund used to make loans to state agencies?
No, not without further legislative action. The opinion concluded that money appropriated to the Community Energy Loan Program (CELP) Fund could only be spent for CELP's statutory purposes, so the Mar…
Can a Maryland city charge property owners and businesses a 'street utility fee' based on how much traffic they generate, to pay for street maintenance, without getting the state legislature's permission first?
No, not without state authorization. The opinion concluded a municipal 'street utility fee,' based on projected traffic generated by a property's use rather than actual consumption of a service or pro…
If a newspaper files a Public Information Act request for a Maryland fire department's ambulance dispatch record, does the medical information in that record have to be released, and can a parent whose parental rights were legally terminated authorize its release?
The medical details must be withheld, but the identity of who was transported can be released. The opinion concluded a Fire Department ambulance dispatch record is not a 'medical record' under Marylan…
Does Maryland's Open Meetings Act require a school board to hold public hearings on employee discipline appeals?
The opinion concluded that a county school board's hearing on an employee's appeal of a superintendent's adverse personnel action was a 'quasi-judicial function' exempt from the Open Meetings Act, so …
If a Maryland child's biological parent had their parental rights legally terminated before the child died, does that parent still outrank the child's guardian in deciding whether to donate the child's organs?
No, the guardian outranks that parent. The opinion concluded that a biological parent whose parental rights were terminated as part of a guardianship proceeding no longer counts as a 'parent' with pri…
Can a Maryland town charge new home developments an impact fee to pay for police and fire protection?
Generally no. The opinion agreed that the City of Taneytown could not impose an impact fee on new development to fund police and fire protection without enabling legislation from the General Assembly,…
Can a Maryland state agency use money from a dedicated special fund for purposes the budget bill adds, if the fund's own statute doesn't allow them?
No. The opinion concluded that money in the Special Administrative Expense Fund, a dedicated fund for administering Maryland's Unemployment Insurance Law, can only be spent on the purposes the SAEF st…
Can a Maryland county create a special taxing district to pay for upgrading county roads that are located inside a town's limits?
The opinion concluded that Talbot County, as a charter county with authority over its own roads under the Express Powers Act, could establish a special taxing area to finance upgrades to county roads …
When does federal HIPAA privacy law override Maryland's medical records confidentiality law?
Rarely, according to the opinion. HIPAA only overrides Maryland's medical records law where the two truly conflict, and Maryland's law survives preemption whenever it is at least as protective of pati…
Can the Maryland legislature give medical malpractice defendants an automatic right to move their case to a different court?
The opinion concluded that the Maryland Constitution, as it then stood, barred the General Assembly from giving medical malpractice defendants an automatic right to move their case to a different cour…
Can Anne Arundel County let its Planning Advisory Board, instead of a formal 'Planning Commission,' review development rights and responsibilities agreements with developers, and can the county require developers to submit one of these agreements as part of every concept plan?
Yes on the review board, no on making it mandatory. The opinion concluded state law lets any local entity familiar with the county's land use plan, not just one titled 'Planning Commission,' review de…
Can a Maryland school system or other public employer deduct an employee's military pay from their civilian salary while they're on active National Guard duty?
The opinion concluded that a Maryland public employee, including a school system employee, called to active duty with the National Guard was entitled to full civilian pay with no deduction for the mil…
Under Maryland's 911 Law, can a wireless phone company bill the state's 911 Trust Fund for its own costs of providing enhanced 911 service, or does the fund only reimburse counties?
No automatic right. The opinion concluded that a wireless telephone company is not entitled to recover its enhanced 911 costs from Maryland's 911 Trust Fund, but the Emergency Number Systems Board has…
After a Maryland county board of education's already-adopted budget turns out to have a much bigger surplus than expected from the prior year, can the county commissioners approve a budget amendment to add that extra local surplus money to school spending mid-year?
No, at least not in Frederick County. The opinion agreed with the County Attorney that a public local law generally bars the Frederick County Commissioners from increasing an already-adopted county bu…
Can a Maryland county without home rule, like Somerset County, borrow money and issue general obligation bonds to pay for landfill improvements without getting separate permission from the state legislature each time?
Yes. The opinion concluded that Article 25, §14A already gives county commissioners in a non-home-rule county like Somerset County the authority to borrow funds for landfill capital improvements and t…
Does Maryland's Forest Conservation Act apply to a local government building project in Allegany or Garrett County, even if the project uses state funding, given that those counties are exempt from the Act for having a lot of existing forest cover?
The exemption still applies. The opinion concluded the Forest Conservation Act's exemption for counties with 200,000 or more acres of forest cover (only Allegany and Garrett counties qualified) covers…
Under Maryland's firearms law, does a common law assault or battery conviction count as a 'crime of violence' that bars someone from possessing a regulated firearm, and does that same 'crime of violence' definition sweep in every crime punishable by more than a year in prison?
Common law assault or battery does count, but the broader category is narrower than it might sound. The opinion concluded a conviction for common law assault or battery falls within the firearms law's…
If a Maryland police car's dashboard camera accidentally picks up someone's conversation without their consent, has the officer broken the state wiretapping law?
No. The opinion concluded that an officer using Montgomery County police car audio/video equipment according to department policy, whether during a consensual recording or a traffic stop, satisfied th…
Can a police officer also serve as a member of the town council that oversees the police department?
The Attorney General concluded that while an Ocean City police officer could legally run for and be elected to the City Council, the common-law doctrine of incompatible positions barred the officer fr…
Can a Maryland town's charter bar its own employees from also serving on the town council, or does the state law protecting public employees' political rights (the anti-Hatch Act) override that kind of local rule?
No, the anti-Hatch Act does not preempt that kind of charter provision. The opinion concluded the anti-Hatch Act protects a municipal employee's right to run for town council, but a town charter may s…
Can a Maryland county condition part of a school board's budget on the board agreeing to things like creating auditor positions, studying bus fleet options, or sharing a health insurance plan with the county?
Mostly yes, with one exception. The opinion concluded a county may condition release of budget funds to a local board of education on reasonable, nonsubstantive procedural requirements, such as a flee…
Can Maryland's Insurance Commissioner discipline or overrule the Maryland Automobile Insurance Fund (MAIF) the same way it regulates private car insurers?
Mostly yes, with limits. The opinion concluded MAIF, the state's auto insurer of last resort, is generally regulated like any private insurer, so the Commissioner can order it to stop unfair claims pr…
Does Maryland's law requiring people to self-identify their own race on state forms apply to police arrest and booking forms?
The Attorney General concluded that Maryland's 1998 law requiring self-identification of race and allowing multiple racial categories applies generally to state forms, including those used by the Depa…
Do Maryland counties have to carry no-fault (PIP) and uninsured motorist coverage on their own vehicles?
No. The opinion concluded that Maryland counties, like the State itself, are not required by statute to maintain personal injury protection (PIP) or uninsured motorist (UM) coverage on their self-insu…
Does a federal law protecting military reservists' jobs override a state rule barring judges from practicing law while serving as a National Guard legal officer?
No. The opinion concluded USERRA, the federal law protecting reservists' civilian jobs, does not preempt or create an exception to Maryland's Code of Judicial Conduct, so a sitting circuit court judge…
When a Maryland hospital closes, does the state's Hospital Bond Program cover bonds issued by the Maryland Industrial Development Financing Authority (MIDFA)?
The opinion concluded that bonds issued by the Maryland Industrial Development Financing Authority (MIDFA) on behalf of a hospital counted as covered debt under Maryland's Hospital Bond Program, so th…
Can a Maryland county or Baltimore City create a special tax or a benefit assessment district just to pay for public library services?
Yes, with limits tied to home rule status. The opinion concluded the State could levy a special library tax at any time, that Baltimore City, Baltimore County, and Montgomery County already had genera…
Can a deputy court clerk in Maryland also serve as a state legislator?
The opinion concluded that a deputy clerk of a Maryland circuit court could simultaneously serve as a member of the General Assembly, because a 1990 amendment to the Maryland Constitution had changed …
What counts as 'malfeasance in office' that lets a Maryland county remove a planning commission member?
The opinion concluded that 'malfeasance in office,' a ground for removing a planning commission member under Article 66B, meant willful wrongdoing by the official that had a direct connection to the p…
Could Maryland retailers still charge bad-check fees after a 1996 law seemed to repeal the fee statute?
The Attorney General concluded that Maryland's bad-check-fee statute remained legally effective despite an apparent repeal in 1996 legislation, because the repeal resulted from a drafting mistake in a…
Can a Maryland town annex a distant piece of land by connecting it to town limits with just a thin strip of highway?
The opinion concluded that Maryland's requirement that annexed land be 'contiguous and adjoining' generally does not allow a town to annex a distant tract by connecting it with only a narrow highway s…
Can a Maryland charter county create its own program offering cash grants to individual public schools that hit performance targets, or does the state's control over education law block that kind of county initiative?
Yes, within limits. The opinion concluded that a charter home rule county like Harford County may establish a school performance incentive grant program despite the State's preemption of education, as…
Can a government building hosting a polling place ban campaigning outside on its own property?
The Attorney General concluded that a governmental entity hosting a polling place could not prohibit electioneering in a traditional public forum, such as a park or sidewalk, or in any part of the fac…
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Attorney general opinions in Maryland are written by the Maryland 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.