State AG Opinions
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What criminal court costs and fees can Texas courts charge on appeal, multiple counts, or multiple warrants?
The AG answered ten questions from the Office of Court Administration about criminal court costs. The clearest answers: a defendant whose municipal-court-of-record conviction is only affirmed by a…
Were the speeds on yellow advisory road signs enforceable in South Carolina?
The AG predicted that speeds on properly placed yellow advisory speed signs were enforceable under the traffic statute it identified. It said the best charge was for violating the posted altered…
Are Arkansas public school districts that run licensed child care centers exempt from carrying general liability insurance, and can DHS exempt them?
The AG declined to opine because the same issues were being litigated in Fort Smith School District v. Beebe (Pulaski County Circuit Court). The office has a longstanding policy of not commenting on…
Can an Arkansas school board require a two-thirds vote to suspend the rules or call the question, even though state law says a majority of a quorum is enough to pass any motion?
Yes. A.C.A. § 6-13-619(c)(1)(C) sets the minimum vote required to pass any motion, not the maximum. The Little Rock School Board can adopt Robert's Rules of Order and require a two-thirds vote on…
Can a person with a felony-equivalent conviction from a foreign country (Canada, UK, etc.) get a concealed pistol license in Washington?
No. The AG concluded that 'or elsewhere' in RCW 9.41.040 reaches foreign-country convictions. If the foreign offense is comparable to a Washington felony or serious offense, the applicant cannot…
Could a South Carolina county put stormwater or waste fees on a tax bill and collect fee-only debt through a tax sale?
The AG predicted that applicable stormwater and solid-waste fees could appear on a county tax bill. A tax sale to collect those fees without unpaid property tax required specific statutory…
For a South Carolina expungement in 2014, did “first offense” mean the earliest conviction or the first conviction of each crime?
The Attorney General predicted that it meant the earliest conviction in time, regardless of the offense category. In its example, a 2003 fraudulent-check conviction prevented expungement of a later…
Are applications for the chancery court clerk and master position public records, and can the court seal them to keep them confidential?
Yes, applications are public records subject to inspection under Tenn. Code Ann. § 10-7-503(a). And no, a chancery court has no jurisdiction to seal them just because they are inconvenient; sealing…
Could South Carolina higher-education regulators deny a private school license using unwritten criteria?
The Attorney General said the Commission on Higher Education could use only criteria in the governing statutes and properly adopted regulations. An applicant meeting those criteria could not be…
If a West Virginia farmer signed a conservation easement that bans utility lines on his land, can a fiber-optic line still be built across the property to serve other residents?
Maybe. The AG concluded that conservation-easement restrictions are not absolute, and identified at least three statutory paths that could permit a utility right-of-way despite the easement's…
Can the Governor of Virginia simply refuse to enforce a law that was passed by the General Assembly and signed into law?
No, absent statutory or enactment-clause authority. The opinion concluded that the Governor of Virginia must enforce valid, duly enacted laws unless the power to delay or suspend enforcement is…
Can a Virginia Circuit Court Clerk refuse to perform a statutory duty because the Clerk thinks the statute is unconstitutional?
No. The opinion concluded that a Circuit Court Clerk has no authority to declare a statute unconstitutional or to refuse to perform a ministerial duty because the Clerk personally believes the…
Did a Wyoming state employee who served in another state's National Guard qualify for Wyoming's 15 days of paid military leave, and how did that interact with the Governor's differential-pay executive order?
Yes, the employee qualified. Wyoming AG Peter Michael concluded that members of any state's National Guard count as members of the 'United States military forces reserve' under federal law, so they…
Can a Washington state agency union negotiate a supplemental pension or retiree health-care plan during contract bargaining?
No. The AG concluded that RCW 41.80.040(5) makes 'retirement plans and retirement benefits' an illegal subject of bargaining for state employees. That covers both supplemental pensions outside…
Under Act 595 of 2013, did Arkansas absentee voters who didn't include photo ID with their ballots have any way to fix the deficiency after election day?
No. Act 595 of 2013 required absentee voters to submit identification with their ballot, and the Arkansas Supreme Court held in May 2014 that the State Board of Election Commissioners had no…
Who sets assistant county auditor salaries in Texas, the district judges or the commissioners court?
The AG concluded that the power to appoint assistant county auditors and set their salaries belongs solely to the county's district judges, not the commissioners court. When the district judges…
Can a citizen use Delaware's FOIA to get records that a private company holds under contract with a state agency?
Not automatically. According to this opinion, a private contractor's own business records only count as FOIA "public records" if the contractor prepared them to carry out the public agency's own…
Are office lottery pools legal in Tennessee?
No, not the kind run by a third party that takes participants' separately purchased tickets and redistributes any winnings. That arrangement is gambling under Tenn. Code Ann. § 39-17-501 and does…
Does a parent who leaves a child alone in a room with a registered sex offender, while staying in another room of the same house, commit a crime under Virginia law?
Not under § 16.1-228(6). The opinion concluded that a parent or caretaker who leaves a child alone in the same room with a registered sexually violent offender, but who remains within the same…
If a Virginia county supervisor takes a temporary out-of-district job for several years but plans to come back, does he automatically lose his seat?
Not automatically. The opinion concluded that a member of a county board of supervisors does not vacate his elected office solely by taking temporary employment that requires him to live outside his…
Can an Arkansas custodian withhold internal investigation records of an employee who was initially terminated but ended up resigning under a negotiated settlement?
Yes. Because the termination was lifted by settlement and the employee resigned voluntarily, the disciplinary proceeding never reached 'final administrative resolution.' Without finality, the FOIA's…
When an Arkansas custodian releases a law enforcement officer's termination letter under FOIA, can the custodian redact the terminated employee's name?
No. Once an employee evaluation record meets the four-part test for release, redacting the subject's name is inconsistent with FOIA because the identity is central to the public's compelling…
Do Texas state agencies and universities need State Office of Risk Management approval to buy insurance?
Generally they cannot buy it on their own. The AG concluded that under Labor Code subsection 412.011(e), a state agency subject to Chapter 501 (the state workers' compensation chapter, which defines…
Could a South Carolina city charge water customers outside its limits more than city residents?
The Attorney General concluded in 2014 that Anderson could charge nonresidents higher water rates. The rates arose from contract, and the office said the difference did not itself violate state…
Does Act 1256 of 1995 (the uniform court costs and filing fees act) tell an Arkansas city how to pay its city attorney?
Not directly. Act 1256 of 1995 is about uniform filing fees and court costs, not about city attorney pay. But the act does require cities to continue funding 'municipal-level programs and agencies'…
After an Arkansas county court approves a landowner's petition to annex land into a city, does the city have a deadline to accept or reject the annexation?
The AG found no statutory deadline for city acceptance and said the city was likely under no obligation to accept the territory at all. A county court order alone did not complete annexation; city…
Does Tennessee's Department of Children's Services have any say in which attorney prospective adoptive parents use when seeking federal adoption-assistance reimbursement?
No. The Fostering Connections Act and Tennessee's DCS rules do not give DCS any role in the adoptive parents' choice of attorney. Eligibility for reimbursement of legal fees turns on whether the…
Can Texas housing developments converting under HUD's RAD program qualify for the at-risk low-income housing tax credit set-aside?
Likely yes, if the agency finds the eligibility requirements met. The AG concluded that a court would probably uphold the Texas Department of Housing and Community Affairs (TDHCA) treating a public…
Can a Texas district attorney use asset forfeiture funds to buy a building and lease or sell it to the county?
Probably not. The AG concluded that a court would be unlikely to find it an 'official purpose' of a district attorney's office to use asset forfeiture funds under Code of Criminal Procedure article…
Did a pre-2001 arson conviction bar firefighting work under South Carolina’s 2014 law?
The Attorney General predicted that the arson bar applied even when the conviction came before the law took effect. It read the law as regulating firefighting duties after the effective date using…
Could a South Carolina school board trustee also serve as a sheriff’s deputy?
The Attorney General predicted that holding both posts would violate the state’s dual-office rule. On taking the deputy position, the person would be deemed to vacate the earlier trustee office,…
Could Lexington County define pets “at large” more broadly than South Carolina law?
The Attorney General concluded in 2014 that the county’s dog-and-cat restraint definitions were not superseded by state law. The Legislature had authorized local animal-control ordinances, and the…
Did the Arkansas AG approve David Couch's May 19, 2014 ballot title for the Arkansas Alcoholic Beverage Amendment to make the entire state 'wet'?
Yes. The AG certified the popular name 'The Arkansas Alcoholic Beverage Amendment' as submitted and substituted his own ballot title. The substitute clarifies that alcohol sales would be lawful in…
Why did the Arkansas AG reject the 'Willie Nelson Act' cannabis decriminalization initiated act submitted by Richard Morton in May 2014?
The AG rejected the Willie Nelson Act for fifteen separate ambiguities, including: trying to 'prohibit' future legislation (which Amendment 7 expressly allows by 2/3 majority); applying an unknown…
Can private security officers and commissioned security officers in Arkansas carry tasers on the job, and do they have to be trained in their use?
Yes, state law does not prohibit CSOs or PSOs from carrying or using tasers. And no, state law does not currently require CSO or PSO taser training (only law enforcement officers must be trained).…
Can a Tennessee county head of department who is not in law enforcement give their employee a written OK to carry a handgun on the job?
No. The 'written directive' authority under § 39-17-1315(a) is reserved for law-enforcement agencies. A non-law-enforcement county supervisor cannot issue one. A handgun-permit holder may still…
Is it bigamy in Florida to marry someone before your divorce is final?
The AG could not opine on the validity of a foreign (Haitian) marriage, since it only advises government officials on questions of state law tied to their official duties. As general guidance,…
If a private estate pays for a building on West Virginia State Farm Museum land owned by the county, does the construction project have to go through public competitive bidding?
On the facts presented, no. The AG concluded that the West Virginia Fairness in Competitive Bidding Act would not apply because, applying the five-factor 'real parties in interest' test from…
Can a Virginia city or county refund years of over-paid real estate taxes administratively, going back more than three years?
No. Va. Code § 58.1-3990 lets localities adopt an administrative-refund procedure but caps refunds at three years from the last day of the tax year. The City of Suffolk had refunded nine years of…
Can a parent in a Tennessee custody case subpoena the other parent's therapy records and testimony from their psychologist or psychiatrist?
No, not by ordinary subpoena. Mental-health records are privileged under Tennessee law. A court can order in camera review for the comparative-fitness analysis in a custody case, and (if necessary…
Did a College of Charleston trustee’s seat become vacant when legislators did not reelect him?
The Attorney General concluded in 2014 that the trustee would remain in his seat as a lawful holdover after his term expired. The seat would not become vacant merely because the General Assembly…
Can a Texas municipal development district fund a civic center owned and run by a nonprofit?
Partly. The AG concluded that a court would likely find chapter 377 of the Local Government Code lets a municipal development district contract with a private nonprofit to operate a civic center,…
When Vermont's 2014 Act 90 repealed the old campaign finance contribution limits with one effective date and added new limits with a different effective date in 2015, what limits applied during the gap?
The pre-Act 90 limits applied through December 31, 2014. The repeal-versus-replacement effective dates created a literal gap (no limits) that the legislature did not intend. Drafting records and…
Can the Tennessee legislature abolish specific judgeships in one judicial district mid-cycle, even when nominating petitions for those very seats are already circulating?
Yes. Article VI, § 1 of the Tennessee Constitution lets the General Assembly create and abolish circuit and chancery courts, and Tennessee Supreme Court decisions going back to 1899 confirm the…
Can a Texas legislative committee investigating an impeachment hold someone in contempt?
Likely yes. The AG concluded that a court would probably uphold a Texas House committee's power to punish for contempt when it is investigating a contemplated impeachment, acting under article XV,…
Was an official’s misuse of public property for personal gain a crime of moral turpitude?
The Attorney General predicted that a court would likely regard the misconduct described in the indictment as a crime of moral turpitude. It emphasized that misconduct in office is not automatically…
Could a county or fire authority restrict volunteer firefighters’ emergency lights and sirens?
The Attorney General said state law controlled which vehicles qualified as emergency vehicles and that local authorities could not adopt conflicting restrictions. It also read the then-current law…
Why did the Arkansas AG reject the May 9, 2014 draft of Robert Reed's Arkansas Cannabis Amendment?
The AG rejected the eighth Reed submission because: the opening sentence still commanded voters to 'add an amendment' (imperative, not indicative); the right was confusingly stated in future tense;…
Can a Florida housing authority pay its director a bonus, and does the state anti-bonus law apply if the authority gets no state money?
The AG advised that section 215.425, which bars extra compensation after services are rendered, applies broadly to all 'units of government' and reaches the Tampa Housing Authority even though it…
Can a Texas police department require officers to issue a set number of traffic warnings?
It is unsettled, and the AG would not give a firm yes or no. Texas Transportation Code section 720.002 bars a city, county, or state agency from setting quotas for traffic 'citations' or evaluating…
Can a non-lawyer who is the sole owner of an LLC represent that LLC in West Virginia circuit court collections cases?
No. The AG concluded that a non-lawyer member of an LLC cannot appear in a West Virginia circuit court on behalf of the LLC. The general rule against non-lawyers practicing law in courts of record…
Can a West Virginia county commission lease an apartment in a county-owned building to a private individual as a residence?
No. The AG concluded that county commissions have no statutory authority, express or implied, to lease real property to a private individual for private residential use. The two express leasing…
When SD's Department of Environment and Natural Resources sends its Geological Survey Program out to drill exploratory bore holes for groundwater and geological investigation, and the chosen location is inside the public right-of-way of a township road, county road, state highway, or federal road, does DENR need to get permission first from the adjacent private landowner or from the road's governing unit of government?
No. SDCL 1-1-10 gives the state geologist authority to enter private property to conduct statutorily-authorized surveys, and SDCL 45-2-4.2 authorizes the geological survey itself. Together those…
Does the Texas Comptroller's list of new court costs and fees include non-court fees like a county records-preservation fee?
No. The AG concluded that Government Code section 51.607(a) requires the Comptroller to identify only court-related costs and fees, the kind a court clerk collects from a party in a civil case or a…
When could a South Carolina city council salary increase take effect after an election?
The Attorney General predicted that a council salary ordinance would take effect when the terms of at least two members elected at the next general election began. It read that date as mandatory for…
Could a university president’s nephew serve on that university’s board of trustees in South Carolina?
The Attorney General identified no general state nepotism ban still in force, but declined to decide whether the proposed Winthrop trustee appointment violated ethics law. The opinion said the…
Can a former Arkansas public employee block release of her termination letter under FOIA, and can she get her own personnel and evaluation records from her former employer?
The AG could not review the release of the termination letter and unemployment information because they had already been disclosed. He said current and former public employees are entitled to their…
Did the Arkansas AG approve David Couch's May 2014 ballot title for the Arkansas Alcoholic Beverage Amendment to make the state 'wet'?
No. The AG rejected the third draft of Couch's statewide alcohol amendment because the text was still ambiguous on key points: whether the state would be permanently 'wet' or just 'wet as of…
Could a South Carolina county election commissioner also serve as a town mayor?
The Attorney General concluded that serving at the same time on the Williamsburg County Election Commission and as mayor of Greeleyville violated the state constitutional prohibition on holding two…
Under Arkansas law, when can the $30 fee for a bounced check be collected, and does the right to that fee survive if the check is later paid when re-presented to the bank?
The holder of a bounced check has the right to demand the $30 collection fee as soon as the check is dishonored, but the drawer's obligation to pay only kicks in when they receive a written demand…
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