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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Could a Maryland orphans' court direct a register of wills or control the register's staff?
The Attorney General concluded that an orphans' court could enforce its orders and, in extraordinary circumstances, use contempt concerning the register of wills' clerical work for estates before…
Could a Maryland funeral home raise the price of goods and services prepaid in a pre-need contract?
The Attorney General concluded that goods and services included and prepaid in a money-trusted pre-need funeral contract had to have guaranteed prices. A contract could estimate costs for expected…
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…
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…
Could a Maryland delegate remain in office after a misconduct conviction if the court later granted probation before judgment?
The Attorney General concluded that Delegate Tiffany Alston's misconduct-in-office conviction became final when she waived appeal, triggering automatic removal from her current term. A later…
Did Maryland have to certify an online absentee ballot-marking wizard as a voting system?
The Attorney General concluded that the proposed stand-alone absentee ballot-marking wizard for military and overseas voters did not itself cast or count votes or interact with the certified voting…
Could an out-of-state public housing agency run a Section 8 program in Maryland?
The Attorney General concluded that an out-of-state public housing agency or its instrumentality could not operate as a public housing agency in Maryland merely by qualifying to do business there.…
Did Maryland's ban on soliciting business from a roadway prohibit firefighters' charity collections?
The Attorney General concluded that the 2012 version of the roadway statute's ban on soliciting a ride, employment, or business did not include charitable donations such as firefighters' Fill the…
Could Kent County's right-to-fish law restrict lawsuits against seafood operations?
The Attorney General concluded that Article 25, §232 allowed certain county legislation on seafood business and harvesting without overriding State preemption. Kent County lacked authority to limit…
What distinguished gross negligence from criminal negligence in Maryland vehicular manslaughter cases?
The Attorney General concluded that gross negligence under CR §2-209 required conscious awareness of a risk to human life and wanton or reckless disregard. Criminal negligence under CR §2-210…
Could Montgomery County create a publicly controlled utility to replace PEPCO's electric distribution service?
The Attorney General agreed that Montgomery County could not simply assign electric distribution to a county agency. A separately formed entity would need Public Service Commission approval to…
Could Maryland repeal citizens' statutory appeals of county bridge decisions as a non-substantive code revision?
The Attorney General concluded that repealing the old provisions allowing citizens to appeal county bridge work decisions would substantively change Maryland law. They granted standing and judicial…
Could a county auditor compel a Maryland community college to undergo a management performance audit?
The Attorney General concluded that ED §16-315(i) allowed a county auditor to conduct a financial audit of Anne Arundel Community College, but did not authorize a compelled audit of its…
Would Maryland's State's Attorneys' Coordinator have prosecutor immunity when appointed to handle a conflicted case?
The Attorney General concluded that when the State's Attorneys' Coordinator accepted appointment as a Special Assistant State's Attorney for a case at the Coordination Council's direction, the…
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…
Could a Maryland Indian recognition petition be reconsidered after the Governor denied an earlier version?
The Attorney General concluded that a group could seek reconsideration of Maryland Indian status through a new or revised petition containing current information. The Commission should review that…
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…
Did Maryland have to file and finish a drug crime case before seeking forfeiture of related money?
The Attorney General concluded that a forfeiture action for money connected to a controlled substance violation did not require a criminal prosecution to be filed or completed first. The 90-day…
Could Maryland require local government approval before awarding affordable housing benefits?
The Attorney General concluded that the local government endorsement requirement used by Maryland's housing department for two affordable rental housing programs did not violate the State…
Did Maryland own the Injured Workers' Insurance Fund's reserves and surplus?
The Attorney General concluded that required reserves and surplus of the Injured Workers' Insurance Fund were held in trust for policyholder employers and covered workers. If the Fund were…
Could Maryland commission an elected Baltimore orphans' court judge who lacked a new bar-membership qualification?
The Attorney General concluded that the Governor should not issue a commission to a successful Baltimore City orphans' court candidate who lacked Maryland bar membership after voters ratified a…
Could a special taxing district receive Maryland highway user revenue for private community roads?
The Attorney General concluded that the Calvert County special taxing districts described could not receive State highway user revenues directly for roads that remained private. The roads had to be…
Could Montgomery County authorize police to arrest and detain a child solely for truancy?
The Attorney General concluded that State education law would preempt a proposed Montgomery County ordinance authorizing police to arrest or detain a child solely for truancy. Local government could…
Could Maryland's Lottery Commission stop a slots licensee from funding opposition to a gaming referendum?
The Attorney General concluded that the Lottery Commission could enforce its license request's conflict and cooperation terms, but could not order a licensee to stop funding opposition to an Anne…
Could Wicomico County's licensing board fine or suspend the county liquor control board?
The Attorney General concluded that Wicomico County's Board of License Commissioners had no authority under the Alcoholic Beverages Law to enforce retail sales rules against the county Liquor…
When could the St. Mary's County school board meet privately for administrative business?
The Attorney General concluded that the St. Mary's County school board had to hold many administrative activities in open session under its local Open Meetings Act, even when State law would allow…
Could Maryland's physical therapy board authorize dry needling without a new statute?
The Attorney General concluded that use of acupuncture needles was not necessarily exclusive to acupuncturists. Maryland's physical therapy board could determine through formal rulemaking that dry…
What were Maryland's costs of prosecution, and who assessed them against a convicted defendant?
The Attorney General concluded that the costs of prosecution owed by a convicted defendant were the court costs associated with the criminal case. The court where the prosecution occurred assessed…
Was a radio station's political talk show an in-kind campaign contribution because a candidate co-hosted it?
The Attorney General advised Maryland election officials not to treat the radio broadcasts at issue as an illegal in-kind contribution merely because a candidate or prospective candidate hosted or…
When was a firearm a copy of a listed assault weapon under the Maryland law examined in 2010?
The Attorney General concluded that a firearm counted as a copy of a listed assault weapon when its internal components and function were similar to the listed weapon. Cosmetic resemblance alone did…
Could Cecil County's proposed charter keep staggered council terms and elect a county executive in 2012?
The Attorney General concluded that Cecil County's proposed charter could retain or remove staggered council terms and could elect a new county executive in 2012. It also could use a 2012…
How did Maryland's endangered species law affect approval of wind energy projects in 2010?
The Attorney General explained that Maryland's endangered species law protected State-listed species and required State agencies to consult the Department of Natural Resources to avoid jeopardizing…
Could excessive executive pay be corporate waste, and who could challenge it in Maryland?
The Attorney General said excessive executive compensation could constitute waste of corporate assets, though courts usually deferred to good-faith board decisions under the business judgment rule.…
Was a federal Smart Grid grant to a Maryland public utility subject to State corporate income tax?
The Attorney General concluded that a Maryland public utility's federal Smart Grid Investment Matching Grant would be included in taxable corporate income and subject to Maryland income tax in the…
Could Maryland recognize a same-sex marriage legally performed in another state or country in 2010?
The Attorney General concluded in 2010 that Maryland could recognize a same-sex marriage valid where celebrated, with the result depending on the context and applicable law. A governor could not…
Could a Maryland county meet school maintenance-of-effort funding by shifting school debt payments to its school board?
For fiscal 2010, the Attorney General said Montgomery and Prince George's Counties could not meet their maintenance-of-effort targets by appropriating the full amount while requiring school boards…
Could Maryland repeal older public-meeting statutes during code revision without changing the law?
Mostly. The Attorney General concluded that the public-meeting requirements in three 1954 statutes largely overlapped Maryland's later Open Meetings Act and could be repealed during code revision.…
Did inactive registered voters count when Maryland calculated how many early voting centers a county needed?
For the 2009 early voting center formula, the Attorney General concluded that officials had to exclude voters in inactive status from the registered-voter count. The existing Election Law prohibited…
Which ethics rules applied to Maryland liquor control boards and local zoning and liquor licensing boards?
In 2009, the Attorney General treated the operating liquor control boards in Somerset, Wicomico, and Worcester Counties as State entities for ethics purposes. A specific statute governed Harford's…
Could Maryland use total census population, including noncitizens, to draw legislative districts even though only citizens could vote?
Yes. The Attorney General concluded that Maryland could use total population for State legislative redistricting without violating the Fourteenth Amendment's one-person-one-vote requirement. State…
Could Red Line Advisory Council appointers name alternates, or could members send substitutes to vote?
No. The 2006 legislation establishing the Red Line Citizens' Advisory Council did not let appointing officials name alternates or appointed members delegate their seats. A visitor attending for an…
Would Talbot County's missed five-week charter notice schedule void the referendum results after the election?
The Attorney General agreed with Talbot County counsel that, in a challenge after the 2008 election, a court likely would leave two charter amendment results intact despite notices being published…
Could Maryland's State education department borrow local school employees instead of hiring them directly?
The Attorney General concluded that Maryland's State Department of Education could contract with local school systems for educators' temporary services. If a loaned educator worked for the…
Could a Maryland Department of Agriculture employee also own a farm regulated by the department?
The Attorney General concluded that the 2007 statutory exception allowed Agriculture Department employees other than the Secretary and Deputy Secretary to own or operate a farm if they had no…
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…
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…
Could Maryland race tracks offer Instant Racing machines under the Horse Racing Act in 2009?
The Attorney General concluded that the Instant Racing system using replays of previously run horse races was not pari-mutuel betting authorized by the Maryland Horse Racing Act. The Racing…
How did the 2008 federal mental health parity law affect Maryland insurance coverage rules?
The Attorney General concluded that the 2008 federal parity law applied to large group policies and self-insured large group plans, requiring mental health and substance use limits no more…
Did Maryland's Health Care Commission need to recalculate its fiscal 2002 user fees after a 2001 law changed allocation rules?
The Attorney General concluded that the Maryland Health Care Commission should have amended its regulations to implement a 2001 fee-allocation law for fiscal 2002. Because it had not done so before…
Could Maryland pension trustees carry out the 2008 Iran and Sudan divestment law while meeting their fiduciary duties?
Yes. The Attorney General concluded that the 2008 divestment law did not conflict with pension trustees' fiduciary duties because it required divestment only when the trustees determined in good…
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,'…
Would Maryland law preempt a Baltimore ban on cigar packages containing fewer than five cigars?
The Attorney General concluded that State law did not preempt Baltimore City's proposed rule against selling packages containing fewer than five cigars. The opinion expressly left undecided whether…
Could Maryland prosecutors charge the Public Defender for criminal discovery or other case records?
Prosecutors and agencies could not charge a criminal defendant for access to, or copies of, written discovery that Maryland's rules required them to provide. They could charge for optional copying…
Could Baltimore require owners to report a lost or stolen gun without violating Maryland's firearms preemption law?
The Attorney General concluded that Baltimore's proposed requirement to report a lost or stolen gun within 48 hours of discovering the loss was not preempted by the State firearms law examined.…
Could a Maryland county move jail inmates to an out-of-state facility during an emergency?
In a genuine emergency with no viable Maryland option, a sheriff or local jail custodian could temporarily transport inmates to another jurisdiction to protect them. The Attorney General said the…
Could Anne Arundel County keep a small school-construction reserve in its own capital budget?
For the fiscal 2008 arrangement reviewed, yes. The Attorney General relied on the reserve's small size, its use for projects outside the school board's original request, and later reappropriation to…
Did Maryland's later land-use law repeal the old county public-roads petition process?
No. The Attorney General concluded that the older public-roads subtitle allowing county commissioners to open, alter, or close roads was not repealed by later land-use provisions. The two schemes…
Could Maryland recover teacher retirement contributions because a school, college, or library received other public aid?
The Attorney General concluded that statutory changes barred recovery merely because local school boards received State or local categorical aid for positions in the Teachers' Systems. College and…
Did a court-appointed Maryland settlement officer keep official immunity after the title changed from settlement master?
Yes. The Attorney General concluded that a court-appointed settlement officer performing tasks integral to the judicial process had at least qualified immunity, and likely absolute immunity, for…
Did a late appointment to Maryland's nursing home administrator board count as a full term?
Yes, if the prior member's term had expired: a late appointment to that vacancy counted as a full term under the board's two-consecutive-full-terms limit. An appointment partway through an existing…
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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.