State AG Opinions
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Can a Tennessee magistrate tell a police officer how to fix a flawed warrant affidavit without losing neutrality?
Yes. A magistrate or judicial commissioner may identify deficiencies in a warrant application or affidavit and tell the requesting officer what is needed to cure them, without abandoning the neutral…
Could a Louisiana juvenile probation officer also take a part-time drug court contract?
Yes, under the contract arrangement described. The AG treated the drug court compliance work as a professional services contract rather than public employment or an appointed office for…
Could a Louisiana city pay for a crossing guard at a church catechism program?
No. On the facts supplied, the AG concluded that Rayne had no duty to provide the guard, so paying for the church program's crossing service would be a gratuitous use of public funds.
Can a Washington city or county ban state-licensed marijuana producers, processors, or retailers from operating in its jurisdiction?
Yes. The AG concluded that Initiative 502 created a state licensing system but did not preempt local police-power authority. Cities, towns, and counties could ban licensed marijuana businesses…
Can a Tennessee county commission cut the debt-service portion of a budget proposed by its budget committee?
No. Under the County Financial Management System of 1981 (Tenn. Code Ann. §§ 5-21-101 to -130), a county legislative body 'may alter or revise the proposed budget except as to provision for debt…
Could school crossing guards or state constables direct traffic near Horry County schools?
The Attorney General said in 2014 that adult crossing guards could stop cars to let children cross safely, but could not direct road traffic simply to relieve school pickup congestion. Whether state…
Could Greenville County charge tax-exempt property a fire fee for a separate fire district?
The Attorney General predicted in 2014 that the county could not use the cited fire-fee statute to levy on behalf of a special purpose district. The opinion said that provision named counties and…
Can a real estate broker file an interpleader for disputed earnest money in general sessions court without a lawyer?
A sole-proprietor broker may file an interpleader on their own behalf. A broker acting for a separate firm cannot rely on that pro se right and would engage in unauthorized practice if the filing…
Did Charleston’s airport authority have to follow the state procurement code when hiring outside counsel?
The Attorney General predicted in 2014 that the Charleston County Aviation Authority was a political subdivision outside the state-agency procurement code. For a contract with independent legal…
What does it take to get a proposed Arkansas constitutional amendment legalizing cannabis through the AG's ballot title certification?
Not just a clear stance. The AG rejected a 2014 cannabis amendment because the proposal cited 'the Arkansas Gross Receipts Tax Laws of 1941,' a chapter that does not exist under that name; the…
In Arkansas, can a quorum court member also sit on the board of a nonprofit that gives grants to a county-owned animal shelter?
The AG found no bar to simultaneous service on the quorum court and this private nonprofit board. He did not answer the recusal question or decide whether the nonprofit could legally demand…
When a Washington county prosecutor's seat opens up, what happens if the appointee turns the job down? Does the deadline reset?
The 60-day clock for the county commission resets. The appointee declining creates a new vacancy, the party submits a fresh three-name list, and a new 60 days runs. Commissioners cannot pick someone…
Can town council members discuss an issue informally over several public meetings without violating the open meetings law?
No violation, according to the AG. Because the Frankford Town Council's discussion of the charter amendment happened across several public meetings, and there was no evidence of any private quorum…
After the legislature transferred land from Davidson to Wilson County, could Mount Juliet immediately annex it despite the state annexation moratorium?
Partly. The 2013 statewide moratorium (Tenn. Code Ann. § 6-51-122) blocked annexation by ordinance on the municipality's own initiative under § 6-51-102 through May 15, 2014, so Mount Juliet could…
Could Iberia Parish Airport Authority buy a share in a private sugar cooperative?
No. The AG concluded that the state constitution barred a political subdivision from purchasing stock in a private enterprise, so the airport authority could not buy one share of the sugar…
Could Iberia Parish use tax increment district funds for an intersection partly outside district boundaries?
Yes, under the facts presented and subject to the statute's requirements. The AG read the project-cost rule to cover construction within or about the district and relied on the approved intersection…
Could Calcasieu Parish use Parish Transportation Fund money to landscape I-10 rights-of-way?
No. The AG said the fund could cover only the specific state-highway right-of-way maintenance listed in La. R.S. 48:753(A)(6), such as culverts, ditches, and potholes. It did not cover the police…
If my sibling is a partner at a law or consulting firm whose clients appear before the state commission I serve on, do I have to recuse from their matters under Virginia's conflict-of-interest act?
Generally no. The opinion concluded that members of the Virginia Tobacco Indemnification and Community Revitalization Commission could vote on transactions involving entities or organizations…
Could the Governor of Virginia order the Department of Taxation to let same-sex couples file joint state income tax returns?
Issued in January 2014, before Bostic v. Schaefer (4th Cir. 2014) and Obergefell v. Hodges (2015) struck down state bans on same-sex marriage. The opinion concluded that a Virginia Governor could…
Did the U.S. Department of Labor's 2013 Technical Release force Virginia public sector health plans to cover same-sex spouses?
At the time of this opinion (Jan. 10, 2014, before Bostic v. Rainey and Obergefell), the AG declined to issue a full opinion because of pending litigation but offered the legal commentary that the…
After Virginia's 2012 eminent domain amendment defined 'lost access,' can a landowner get just compensation when a road change reroutes traffic past the property?
The 2012 constitutional amendment and the related Code amendments (§§ 25.1-100, 25.1-230.1) defining 'lost access' as 'material impairment of direct access' did not overturn the prior Virginia…
Can a Virginia circuit court keep its 'order book' in an electronic case management system instead of paper?
Yes, if the electronic system contains everything § 17.1-124 requires in an order book. Its recording process must also meet Library of Virginia archival standards and follow the state electronic…
Would the 2013 Tennessee charter-school bill (HB 702) unconstitutionally impose unfunded costs on school districts or violate equal protection?
No. The AG concluded that HB 702/SB 830, which would let the State Board of Education serve as 'chartering authority' for charter schools in LEAs containing 'priority schools,' would not violate…
Can Tennessee charge out-of-state compounding pharmacies higher inspection fees than in-state pharmacies?
No. The Board of Pharmacy lacks statutory authority to enact a rule requiring its own personnel to inspect out-of-state compounding pharmacies or to impose additional fees for those inspections.…
Does a convention center owned by a city-created nonprofit qualify as a 'government-owned convention center' for hotel-tax exemption purposes?
Yes. A nonprofit convention-center authority created by a municipality under the Convention Center Authorities Act of 2009 (Tenn. Code Ann. §§ 7-89-101 et seq.) is a public instrumentality of the…
Can a Tennessee city sell liquor, wine, or beer at city-owned venues like an events center, pavilion, or golf course?
No. Tennessee's liquor and beer statutes (Tenn. Code Ann. § 57-4-203(i)(1)(A) and § 57-5-103(a)(2)) limit licensees and permittees to a 'person, firm, corporation, partnership, or association,' and…
After SD enacted SDCL 12-19-1.2 in 2013 requiring 46 days of absentee voting, does that 46-day rule apply to municipal (city) elections, or do the smaller 15-day and 7-day periods in SDCL 9-13-21 still control for municipal absentee voting?
The 15-day rule (and 7-day rule for runoff secondary elections) in SDCL 9-13-21 continues to control for SD municipal elections. SDCL 12-1-2 expressly says Title 12 election provisions yield to…
Could a Louisiana town hire a collection agency to recover unpaid traffic fines?
No for the nonparking traffic fines Jackson asked about. The AG said La. R.S. 13:1898(A) assigned collection of those court fines to the city court clerk or marshal designated by the judge, absent…
Can a probation or community corrections officer assign an offender on general community service to graffiti removal without a specific court order?
No. Tenn. Code Ann. § 6-54-127(h) allows a municipality or county to use offenders for graffiti maintenance only when the general sessions, criminal, or juvenile court specifically ordered the…
Could Pointe Coupee Parish include New Roads households in its waste contract without city approval?
No. The AG concluded that New Roads had authority over garbage service within its city limits, while the parish's jurisdiction covered unincorporated territory. Including city households in the…
How were seats on a South Carolina regional transportation authority board allocated?
The Attorney General concluded in 2014 that board representation followed population in the service area, not each government’s financial contribution. It also said eligible cities and counties…
What did the Arkansas minimum wage increase ballot initiative actually propose, and why was it certified without changes?
The Attorney General certified the popular name and ballot title exactly as submitted, based on this opinion, for an initiated act that would raise Arkansas's minimum wage in three steps: from $6.25…
Can the Governor of Virginia issue an executive order or guidance document that suspends a state regulation?
No. The opinion concluded that the Virginia Constitution prohibits the Governor from unilaterally suspending the operation of a validly adopted regulation that has the force of law. Three…
When a federal credit union takes title to Virginia real estate, does the clerk of court collect the grantee's recordation tax?
No. The opinion concluded that 12 U.S.C. § 1768, which exempts federal credit unions from all state taxation other than tax on their real or personal property, blocks Virginia from collecting the…
What does the Arkansas Attorney General have to check before approving a multi-county agreement to run a shared library system?
The Attorney General approved the agreement as submitted, based on this opinion, after confirming it specified all the items Arkansas's Interlocal Cooperation Act requires for a joint government…
Can a Tennessee county commission order an audit of a single department of the county school board?
Yes. Under Tenn. Code Ann. § 49-2-101(3), the county legislative body may have its finance committee examine school board accounts quarterly (or whenever there is reason to suspect misuse), and it…
Does a Texas council of governments count as a 'unit of general local government' for the federal HOME housing program?
The AG declined to answer, because it is a federal question. The federal HOME Investment Partnership Program, run by HUD, sends affordable-housing money to a 'participating jurisdiction,' which can…
Can a Texas constable also serve as a commissioner of an emergency services district?
No. The AG concluded that Article XVI, section 40 of the Texas Constitution, which forbids holding more than one 'civil office of emolument' at the same time, stops a person from serving as both a…
Do Texas's juvenile misdemeanor record laws conflict, and must those court hearings be closed to the public?
The AG untangled three 2013 laws and said they fit together. The Eighty-third Legislature passed Senate Bill 393, Senate Bill 394, and House Bill 528, all amending the statutes that keep certain…
Is it unconstitutional to charge a Texas defendant the court costs in effect on the conviction date instead of the offense date?
No, in the ordinary case. Comptroller Susan Combs asked the Attorney General whether Government Code section 51.608, which says the court costs imposed on a criminal defendant are the amounts in…
Did a South Carolina dog hunter violate the Renegade Hunter Act just because a dog crossed onto another property?
The Attorney General said in 2014 that the dog’s entry alone was not the violation described. For a hunter in the covered locations, the offense arose from continuing to hunt after a dog entered…
Can a Florida city reimpose its local option gas tax after it expires, and for how long?
The AG concluded that under section 336.025(1)(a)1., Florida Statutes, Jacksonville could reimpose or relevy its local option gas tax after the existing levy expired on August 31, 2016, and that a…
Which of the new misdemeanor crimes the Georgia legislature created in 2013 should require fingerprinting at arrest?
The AG designated 13 of the 16 reviewed 2013 misdemeanors as fingerprintable, including unauthorized access to confidential child-abuse records, CASA confidentiality breaches, Parental Notification…
Can a Delaware city charge more than the standard FOIA copying fee based on its own internal rules?
No. The AG found that the City of Wilmington could not charge more than FOIA's standard photocopying fee, 10 cents per page after the first 20 free pages, because its higher internal fee schedule…
Is the Tennessee Claims Commission part of the judicial branch?
No. The Claims Commission is an administrative tribunal within the executive branch of Tennessee government, attached to the Department of Treasury for administrative purposes. Claims Commissioners…
Can the Texas Windstorm Insurance Association use future premiums to pay off old obligations from a past storm?
On the funding question, yes. Representative Todd Hunter asked the Attorney General two things about the Texas Windstorm Insurance Association (TWIA). First, whether it was negligence or a failure…
Can one person in Florida sit on a county licensing board and two advisory boards at the same time without breaking the dual office-holding ban?
Yes. The AG concluded that serving on the Brevard County Contractors' Licensing Board is an 'office,' but the Port St. John Dependent Special District and the Public Library Advisory Board are…
Do Florida special magistrates and sealed-bid openings have to follow the Sunshine Law and keep minutes?
The AG concluded yes on both points. A special magistrate acting under delegated authority as a code enforcement board is subject to the Government in the Sunshine Law (section 286.011), so the…
Can a Florida county spend tourist development tax money to restore a natural coral reef?
The AG concluded that Monroe County could use tourist development tax revenues to fund a coral outplanting project to repair or improve a naturally occurring reef, treating it under section…
Could Aiken release a police incident report involving two children after removing their names?
The Attorney General concluded in 2013 that an incident report generally had to be released with identifying information about the child accused of the offense redacted. Police could confirm whether…
Can an Illinois county board sweep unspent money out of the coroner's special fee account into the general fund, or reduce the coroner's next-year budget by the amount of fees in that account?
Attorney General Lisa Madigan concluded the answer was no to the sweep and yes (within limits) to the budget consideration. Section 4-7001 of the Counties Code earmarks coroner fees for forensic…
Can a Tennessee constable carry a firearm anywhere in the state?
Only as permitted by law. Constables aren't 'law enforcement officers' under Tenn. Code Ann. § 39-17-1350, so they can't carry on that basis. Like other citizens they may carry a handgun statewide…
When a Virginia legislator gets help from a registered lobbyist during a campaign, when does the legislator have to disclose a 'lobbyist relationship' on the ethics form?
The Campaign Finance Disclosure Act of 2006 does not preempt the legislator-specific disclosure required by § 30-111, so a 'lobbyist relationship' triggered during a campaign must still be reported…
When a Virginia circuit court convicts an indigent defendant, can the clerk bill the defendant for both attorney fees and expenses, even if those exceed the court-appointed counsel cap?
Yes for expenses. Va. Code § 19.2-163(2) caps the compensation that can be billed to an indigent convicted defendant at the pre-waiver compensation limit for court-appointed counsel. But the same…
If a Virginia homeowner puts their house in a trust, can they still claim the senior, disability, or disabled-veteran property tax exemption?
For age or disability relief under Article X, § 6(b), the AG said no: placing title in any form of trust defeats that provision's ownership requirement. A qualifying person holding a life estate can…
Could the Baton Rouge airport commission set its own process for hiring professional services?
The AG said professional-services contracts were generally outside Louisiana's Public Bid Law, but the airport commission could not set its own procurement policy without delegated authority. It had…
If Maine wanted to amend its General Assistance eligibility rules to exclude legal noncitizens that federal TANF and SNAP rules also exclude, would the change survive a federal Equal Protection challenge?
Probably not. AAG Justin Barnard advised that strict scrutiny applies to state laws drawing alienage-based distinctions (Graham v. Richardson, 1971), and that PRWORA's purported grant of discretion…
Why did the Arkansas AG reject the proposed 'Ban Prohibition of Cannabis' ballot title?
The AG rejected this submission because Section 3 referred to a 'Constitution Tax Law' that he could not identify. Without knowing what that tax phrase meant, he could not fairly summarize the…
Does the same ballot-naming gap from Arkansas AG Opinion 2013-067 apply to House Joint Resolution 1009?
Yes, based on this opinion. The Attorney General applied the same conclusion reached in Opinion 2013-067 (regarding SJR 7) to House Joint Resolution 1009: the Attorney General no longer has…
Does the same ballot-naming gap from Arkansas AG Opinion 2013-067 apply to a different legislative constitutional amendment, SJR 16?
Yes, based on this opinion. The Attorney General applied the same conclusion reached in Opinion 2013-067 (regarding SJR 7) to Senate Joint Resolution 16: the Attorney General no longer has authority…
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