State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Was a James Island service district lawyer's verbal resignation effective after he withdrew it?
The Attorney General believed in 2015 that the board had not accepted the verbal resignation because it had taken no vote. It also viewed counsel as likely an independent contractor whose departure…
Could one person serve on Greenville's transportation committee and a sewer subdistrict commission?
The South Carolina Attorney General concluded in 2015 that the two positions were public offices and that holding both at the same time would violate the state constitutional prohibition on dual…
Did South Carolina's post expungement record retention rule cover solicitor run diversion programs?
Yes, according to the Attorney General's 2015 opinion. It treated alternative to prosecution programs supervised by a circuit solicitor as part of a prosecution agency, so either the program or the…
Could a Beaufort teacher obtain her own evaluation and complaint investigation records under FOIA?
The Attorney General believed in 2015 that the teacher's own evaluation and related investigation records should be disclosed to her. The district's claim that they were not public records was…
Did the Arkansas Department of Human Services correctly classify a current employee's records as personnel records, and were its redactions consistent with FOIA?
Mostly yes. The AG concluded the DHS records were properly classified as personnel records and had to be released because disclosure did not constitute a clearly unwarranted invasion of privacy.…
Can the Florida Attorney General give a legal opinion to a private citizen?
No. The Attorney General's office explained that, by statute, it issues legal opinions only to certain public officials on questions about their own official duties, and it cannot give legal advice…
Could South Carolina lawmakers replace SC State University's board during its 2015 financial crisis?
The Attorney General concluded that the legislature generally had authority to amend the statutes governing South Carolina State University and its board. It predicted a court would likely uphold…
Can a Texas county sheriff accept or solicit donations from the public?
The AG concluded that the commissioners court, not the sheriff, is the body the Legislature authorized to accept donations on a county's behalf, under section 81.032 of the Local Government Code. No…
Could Goose Creek spend local hospitality tax revenue on a recreation facility?
The Attorney General said in 2015 that hospitality tax revenue could support a recreational facility only if the project fit one of the statute's tourism related purposes. It did not decide whether…
Could Greenville County remove annexed land from a sewer subdistrict without a council vote?
The Attorney General believed in 2015 that a county administrator alone could not reduce the Metropolitan Sewer Subdistrict's boundaries; the governing county board had to act under the statute.…
If two hospital district board candidates tie in the election, do they need a runoff or can both serve full terms?
The AG concluded that no tie-breaking election is required. The Election Code's runoff provision (section 2.002) only applies when candidates tie for an office that still needs to be filled, and…
What did South Carolina's 2015 opinion say a restaurant could ask about a PTSD service dog?
The Attorney General said a restaurant could ask whether a dog was needed because of a disability and what trained work or task it performed, but could not demand the person's diagnosis, documents,…
Did the Arkansas AG certify an initiated act that would lower the wet-dry election signature threshold from 38% of qualified electors to 25% of legal voters?
No. The AG rejected the ballot title because the term 'legal voters' in the proposed measure was undefined and ambiguous. The current Arkansas wet-dry statute uses 'qualified electors,' a defined…
Can someone who got 'ordained' online by the Universal Life Church legally officiate a wedding in Tennessee?
No. Tennessee's marriage-solemnization statute requires ordination through a 'considered, deliberate, and responsible act' under a religious group's customs. Online ULC ordination, which requires…
After Tennessee voters passed Amendment 1 in 2014, did the state's old abortion-restriction laws automatically come back into effect, and would re-enacted versions survive constitutional challenge?
Amendment 1 superseded the Tennessee Supreme Court's strict-scrutiny holding in Sundquist, but the struck-down statutes remained void unless re-enacted. Any re-enacted restrictions would still have…
Could a Kentucky police applicant qualify with an uncertified private high school diploma, and when would a department face penalties?
The Kentucky AG said a diploma from a private school lacking state certification could qualify if the school complied with Kentucky private-school law. It also said training officials needed a…
Were Kentucky internet sweepstakes cafes illegal gambling even when customers bought computer time?
The Kentucky AG concluded in 2015 that internet sweepstakes cafes were illegal lotteries and their computers gambling devices. It treated the sale of internet access as incidental to prize games…
Could Western Kentucky University offer its own bachelor’s degrees in engineering?
The Kentucky AG concluded in 2015 that an engineering bachelor’s degree was not a first professional degree under the statute restricting comprehensive universities. Western Kentucky University…
Can a Connecticut city satisfy a state-deed reverter clause requiring 'economic development use' by selling the land to a private developer who is contractually required to build on it?
Yes. The AG concluded that selling state-conveyed land to a private developer, with deed conditions requiring the developer to build improvements for economic development purposes, satisfies the use…
How do Virginia's conflict-of-interest rules apply to the Hampton Roads Transportation Accountability Commission when so many board members might have to recuse themselves on the same vote?
AG Herring concluded HRTAC is a state agency for COIA purposes. The savings clause lets remaining voting members act by majority vote if COIA disqualifications leave too few members for a quorum or…
Can a Virginia police officer at a traffic stop search a driver's phone without a warrant to prove the driver was texting while driving?
No. The opinion concluded that, under Riley v. California (2014), the Fourth Amendment prohibits a Virginia law-enforcement officer from conducting a warrantless search of a driver's cell phone or…
Is it illegal in Tennessee for a private citizen to mix Tannerite or similar binary exploding targets to shoot at the range?
Yes. Mixing the binary components creates an explosive under Tennessee law, and Tennessee, unlike federal law and some other states, has no personal-use exception. No state license is even available…
If a Virginia city builds a convention center next to a privately owned hotel, can the city capture the sales tax from the hotel as if it were part of the public facility?
Yes, potentially. AG Herring concluded that under Va. Code § 58.1-608.3, an existing hotel can be part of a 'public facility' if it is 'attached' (including by a bridge or walkway) or 'adjacent'…
Does Virginia FOIA require sheriffs to release mug shots to news reporters even after the person has been released from jail?
Yes, with conditions. The opinion concluded that under Va. Code § 2.2-3706 (added to FOIA in 2013), local law-enforcement agencies must disclose adult arrestee mug shots in their own photographic…
If a Tennessee school board and a city or county fight over liquor-by-the-drink tax money, can one side force binding arbitration with the Comptroller without the other side's agreement?
Yes, in narrow circumstances. If one party timely requested arbitration on or before December 31, 2014, and no party filed in Davidson County Chancery Court by that date, all parties are bound to…
Could the Colorado State Board of Education tell the Commissioner to grant school districts a waiver from the performance-based component of the state ELA and Math test?
No. State law expressly bars the Board from waiving § 22-7-409 testing requirements, and skipping one component of a two-part assessment would invalidate the entire test.
Could old South Carolina DUI arrests be expunged after pleas to other traffic offenses?
The Attorney General believed in 2015 that two 2005 DUI charges in the request were eligible under the law in effect when they were dismissed, despite convictions for different traffic offenses…
Can a Virginia defendant in general district court file a demurrer to challenge whether the plaintiff has even stated a legal claim, or is that only available in circuit court?
Yes. AG Herring concluded that Va. Code § 8.01-273 authorizes written demurrers in any civil action, including general district court, even though the older streamlined GDC procedure with form…
Can a Virginia supervising physician prescribe medication based only on a nurse practitioner's or PA's follow-up visit, without seeing the patient again?
Yes, with conditions. The opinion concluded that a Virginia supervising physician may prescribe medication to a patient based on the recommendation of a nurse practitioner or physician assistant who…
Did the Arkansas AG certify a proposed constitutional amendment to legalize the manufacture, sale, and distribution of alcohol statewide and repeal Arkansas's local-option election framework?
Yes. The AG certified the Arkansas Alcoholic Beverage Amendment as submitted, popular name and ballot title both. The amendment would have made alcohol manufacture, sale, distribution, and…
Can a Tennessee municipal school district charge students a fee to ride the school bus?
Yes. Tennessee statute prohibits transportation fees only at county boards of education (Tenn. Code Ann. § 49-6-2103). Municipal school boards face no comparable statutory restriction.
Is filing for a Tennessee statutory writ of certiorari the same as bringing a 'cause of action' in court?
No. The writ of certiorari is a process for asking a superior court to review the decision of an inferior tribunal. It doesn't itself create or constitute a substantive cause of action.
Could a South Carolina summary court hold a bench trial when a defendant who requested a jury failed to appear?
The Attorney General concluded in 2015 that missing court, by itself, did not waive a previously demanded state constitutional or statutory jury right. A judge had to examine the complete record for…
Could Kentucky apply its school and day care entry rule to sex offender registrants whose offenses preceded the law?
The Kentucky AG concluded in 2015 that the school and day care permission rule could be applied to registrants whose offenses came before its enactment. It viewed the rule as a civil safety measure…
Can a Virginia Industrial Development Authority run an airport, hire contractors to operate it, and rely on its lawyer's certification of authority?
No, with multiple layers. The opinion concluded that (1) the Louisa County Industrial Development Authority (IDA) lacks legal authority under the Industrial Development and Revenue Bond Act (Va.…
Would South Carolina’s proposed 2015 infrastructure bill violate the constitutional one-subject rule by combining highway changes and tax provisions?
The Attorney General predicted that a court would uphold the proposed bill because its transportation governance, fuel fee increase, and tax reductions were sufficiently connected to the stated…
Can a Tennessee public hospital board meet in closed session under § 68-11-238 to discuss executive pay and bonuses?
No. The closed-session authority in § 68-11-238 only covers marketing strategies and strategic plans for the hospital's products and services, not executive compensation.
Can a Florida city change the size or membership of its community redevelopment agency board?
No. The Attorney General advised that once the City of Lauderdale Lakes appointed its city commission to serve as the board of its community redevelopment agency, it had no authority to change the…
Can a Florida city require a bond and refuse a contractor's alternative security like cash or a letter of credit?
No. The Attorney General advised that section 255.05(7), Florida Statutes, gives a contractor on a public construction project the right to file an alternative form of security (cash, a money order,…
When does a closed litigation 'shade meeting' transcript become a public record under Florida's Sunshine Law?
The Attorney General advised that a dismissal with prejudice under a settlement agreement concludes the litigation for purposes of section 286.011(8), Florida Statutes, even when the court keeps…
Are the names of undercover police officers on a department roster a public record in Florida?
The Attorney General advised that the names of undercover officers, even when they appear on a general personnel roster that does not flag their undercover status, can be 'information revealing…
Does Florida law require redacting or distorting a 911 caller's voice before releasing the recording?
The Attorney General advised that section 365.171(12), Florida Statutes, makes confidential the identifying information in an E911 call (the caller's name, address, telephone number, and personal…
When someone appeals a municipal court judgment to circuit court, does the city court clerk have to send the $250 appeal bond along with the case file?
Yes. The municipal court clerk must transmit the $250 appeal bond required under Tenn. Code Ann. § 16-18-307 along with the rest of the record to the circuit court clerk. Without it, the circuit…
Could Tennessee adopt the Insure Tennessee Medicaid waiver, fund the state share with a hospital assessment, and back out later if federal funding changed?
The AG said the existing trust-fund rule permitted hospital-assessment money to pay an Insure Tennessee state share, but new legislation was needed to impose the assessment beyond June 2015.…
Could a Kentucky county hire a for-profit company to run its animal shelter or supply an animal control officer?
The Kentucky AG concluded in 2015 that a county could not contract with a for-profit entity to operate its animal shelter, because the statutory definition named governmental and nonprofit…
Can an Arkansas public employee block release of his personnel file by arguing that the FOIA requester is trying to harass him?
No. The AG agreed with release of the reviewed personnel records. The requester's identity and alleged harassment supplied no general FOIA basis to withhold them. The AG questioned redaction of the…
Did the Arkansas AG certify the Campaign Finance Act of 2016 ballot title, requiring disclosure of campaign spending and donors above certain thresholds?
No. The AG rejected the ballot title because it left 'electioneering communication' undefined and the proposal itself did not make clear whether that term covered functional advocacy, non-advocacy…
Should a Fayetteville police officer's middle initial, diploma, marital status, and views on alcohol be redacted from his personnel file under FOIA?
Partially. Middle initial and diploma are releasable. Marital status, partial SSN, and health insurance records must be redacted. Views on alcohol or drug use by a law enforcement officer must be…
Can a Texas school district use an estimated property value to set its tax rate after adopting its budget?
The AG concluded no. The shortcut that lets a school district use a certified estimate of property values, instead of the final certified appraisal roll, is available only to a district that elects…
Can a West Virginia conservation district use its public funds to award scholarships, like a $500 scholarship to a supervisor's child or a school-tuition stipend tied to agricultural programs?
No. The AG concluded that nothing in the Conservation District Law gives a district the authority to award scholarships from public funds. Conservation districts have only the powers the Legislature…
Can a city release police officer suspension records when the underlying misconduct was off-duty private conduct with no public impact?
No. The AG said Fayetteville's decision to release the suspension records was inconsistent with the FOIA. Because the off-duty incident involved no taxpayer misuse, no criminal conduct, no public…
Are a city employee's emails, expenses, travel records, and personnel file subject to FOIA disclosure?
Travel records, expenses, and dates of employment are clearly public records. Emails, letters, and memos depend on whether they document official functions. The AG could not opine on specific…
To appeal a Tennessee general sessions court ruling to circuit court, do I have to post a surety bond, or will a cash bond work?
A bond with security is required, but it doesn't have to be a surety bond. After the Tennessee Supreme Court's Griffin v. Campbell Clinic decision, a cash bond satisfies § 27-5-103.
Could Louisville’s sewer district agree to a supermajority vote before rejecting an employee grievance arbitrator’s recommendation?
The Kentucky AG concluded in 2015 that the sewer district board could agree to that contractual voting term because the grievance decision was not a power specifically delegated by statute. The…
When a Colorado law enforcement officer asks the medical marijuana registry to confirm a patient is allowed to possess more than two ounces or six plants, does the registry have to answer?
No. The registry only confirms whether the cardholder is 'lawfully in possession' of the card itself. Anything above the default of six plants or two ounces depends on undefined 'medical necessity',…
Do unopposed candidates appear on the ballot in a Florida municipal election?
The Attorney General's office advised that section 101.151(7), Florida Statutes, which keeps unopposed candidates off the ballot at a general election, did not apply to the Village of Estero's…
Why did the Arkansas AG reject the ballot title for the Arkansas Privacy Protection Act?
The AG rejected the proposal because the ballot title did not summarize the act's provisions, and the act itself was riddled with ambiguities and grammatical errors. The proposal also lacked the…
Is Tennessee's law banning beer brand names, prices, and pictures on outdoor signs at retail beer stores constitutional under the First Amendment?
Probably not. The statute restricts truthful commercial speech about a lawful product, and under the Supreme Court's Central Hudson test the restriction likely fails because it does not directly…
Could Clarendon County’s education board suspend or remove an appointed school trustee merely because he had been arrested?
The Attorney General concluded in 2015 that the county board could not suspend the trustee and could remove him only for cause after notice and a hearing. The reported arrest and charges, without a…
Is the Florida Department of Transportation a state agency and public entity of the state?
Yes. At the FAA's request, the Attorney General certified that the Florida Department of Transportation is a department of Florida state government and a public entity of the state. Chapter 20…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.
Browse opinions by state
Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.