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Could South Carolina’s Governor fill a magistrate position during a Senate recess when the magistrate announced a resignation while the Senate was in session?
The AG concluded that the announced resignation did not create a vacancy while the Senate was in session because it had not been tendered to and accepted by the Governor. If that happened during the…
Can the Tennessee Governor still appoint judges after the Judicial Nominating Commission was 'sunset' and shut down?
Yes. Tenn. Code Ann. § 17-4-113 (added in 2009) is a failsafe: if the JNC doesn't furnish a list of nominees within 60 days of the governor's notice of a vacancy, the governor may appoint any…
Can a Florida city contract with a neighboring city for police services without a referendum?
The AG concluded that section 166.0495 supplies the general-law authorization the Florida Constitution requires for a city to exercise police powers beyond its own borders, letting a municipality…
Could a South Carolina magistrate set bond when a defendant’s charge and prior record might expose him to life imprisonment?
The AG agreed with Court Administration that a magistrate should send a case to circuit court for bond setting when the charge and criminal record fell within the life-imprisonment provision it…
Could the College of Charleston publicly explain sexual-misconduct allegations when an employee resigned before termination hearings ended?
The AG said a true statement that termination proceedings began and the employee resigned before they ended would likely withstand a defamation claim. Stating that the proceedings arose from…
Why did the Arkansas AG reject the Marriage Amendment ballot title over its effect on Amendment 83?
The AG rejected it. Jennifer Pierce's proposed 'Arkansas Marriage Amendment' would have defined marriage as a union of two persons regardless of gender, and its ballot title said the measure…
Why couldn't a 2013 Arkansas ballot measure allowing same-sex marriage get its ballot title certified?
The AG rejected it. He explained he only checks whether a ballot title fairly summarizes a measure, not whether same-sex marriage is good policy. He could neither certify nor fix this title because…
Could a Louisiana parish pay to defend council members sued over statements to a reporter?
The AG said the parish council had to decide whether the alleged statements were made in the members' official capacity and could expose the parish to liability. If so, the parish should provide a…
Could the Rapides Parish sheriff assign a storage-fee judgment to the company that kept seized vehicles?
The AG concluded that the Rapides Parish sheriff could assign his storage-fee judgment to the company that kept seized property. Whether the assignment gave up anything of value was a factual…
If someone registers to vote in Arizona using only the federal form and doesn't show proof of citizenship, can they vote in state and local races, get a ballot at all, or sign petitions?
Voters who register using only the federal form without providing evidence of citizenship are eligible to vote only in federal races, not in state or local elections, and cannot sign state or local…
Could a South Carolina company hold a casino night with free chips and prizes for its clients and employees?
The AG concluded that the proposed casino night likely violated South Carolina law even though guests paid no admission and used no real money at the games. Participation was limited to company…
Did the Arkansas Attorney General approve the ballot title for the 2013 medical marijuana initiative?
Mostly yes. Attorney General Dustin McDaniel found the popular name, 'The Arkansas Medical Cannabis Act,' sufficient as submitted, but concluded the sponsor's proposed ballot title needed work.…
Why did the Arkansas Attorney General reject the 'Ban Prohibition of Cannabis' ballot title?
The AG rejected it. He explained that under A.C.A. § 7-9-107 he only checks whether a ballot title fairly summarizes a measure, not whether the measure is a good idea. He could not certify this one…
Could Louisiana police retirement systems use different age rules for lump-sum DROP payments?
The AG concluded that the two retirement boards could use different interpretations of when a member had 'attained age' for DROP distribution purposes. MPERS was allowed, but not required, to adopt…
Were blind licensed vendors in South Carolina’s Commission for the Blind program employees of the Commission?
The AG’s short 2013 letter pointed to a South Carolina Court of Appeals footnote describing blind licensed vendors as self-employed and not Commission employees. The letter gave no broader…
Did a South Carolina town have to create an architectural review board, and who could appeal its decisions?
The AG said a county or town could choose whether to establish an architectural review board, but had to follow the applicable statute if it did. A person appealing a board decision needed a…
When did Arkansas's automatic increase in the charter-school cap take effect?
At the beginning of the next application cycle, not during the current cycle. The AG read the annual cap memorandum and the statute's amendment history as fixing the number available for each cycle.
Could the Arkansas Lottery show draw results on retailer monitors and market games as keno or bingo?
Showing draw results on retailer monitors was generally permissible. A game's title alone did not decide whether it was authorized, drawing frequency was for Lottery Commission rules, and a state…
If a Florida county official is suspended by the Governor and the charges are later dropped, can the official collect back pay for the suspension?
No. The AG concluded that a county officer suspended by the Governor is not statutorily entitled to back salary or benefits for the suspension period unless the officer is reinstated by the…
May a West Virginia state employer pay pre-bargained performance incentives and scheduled payments under a later litigation settlement?
The AG approved the performance incentives in this employee's original contract: they were contingent on future work, and the employer could set this employee's pay by contract. The later settlement…
Is an informal advisory group the governor convenes by invitation subject to Delaware's open meetings law?
Yes. The AG concluded that a 24-member charter school reform group the Governor convened by invitation, without any formal charter or bylaws, still counted as a "public body" under FOIA because it…
Did an LSU health-sciences education facilitator qualify for Louisiana's dual-officeholding teaching exception?
Yes, for the job description submitted. The AG said the facilitator worked in a professional educational capacity under the dual-officeholding exception, while leaving ethics-code questions to the…
Are unsolicited complaints about Arkansas public employees subject to release under FOIA?
They may be. The AG treated unsolicited complaints as personnel records and said the custodian had to balance any more-than-minimal privacy interest against the public interest, with disclosure favored.
If a Washington fire district renews its EMS levy at a higher rate, does it still need a 60% supermajority, or just a simple majority?
It still needed 60%. The AG concluded that the 'uninterrupted continuation' simple-majority option in RCW 84.52.069(2) only applied when the rate stayed the same. Any increase was a new initial levy…
Is a state agency exempt from Delaware's open meetings law if it's headed by just one person?
Yes. The AG concluded that DNREC, headed by a single Secretary rather than a multi-member board, qualified as a "body of one" exempt from FOIA's open-meeting requirements, so its choice of hearing…
If a Virginia county supervisor emails a newsletter to constituents, is the email list a public record under FOIA?
It depends on the newsletter. The Virginia FOIA covers records 'prepared or owned' in the 'transaction of public business.' Whether a newsletter sent by a Board of Supervisors member is public…
Can Virginia's environmental agency hand $80,000 to the Chesapeake Bay Foundation for educational field studies?
No, not as a direct gift. The Chesapeake Bay Foundation (CBF) is a 501(c)(3) charitable organization not owned or controlled by the Commonwealth. Article IV, § 16 of the Virginia Constitution…
Did Tennessee's 2013 appropriations bill unconstitutionally try to transfer the Alvin C. York Institute from the state Board of Education to Fentress County?
No, because the provision only expresses 'legislative intent' that the Commissioner of Education develop a transition plan. It doesn't actually transfer authority. To actually transfer the York…
Could Louisiana use cotton growers' boll weevil assessment to fund eradication near the Texas-Mexico border?
The AG said the commissioner could use part of the existing assessment only after finding that the Texas-border project furthered Louisiana's eradication purpose and fit the 2003 referendum. The…
Can the city of Tucson require gun owners to report lost or stolen firearms within 48 hours, or require alcohol tests of people who negligently discharge firearms, when state law preempts city firearm ordinances?
Yes, A.R.S. § 13-3108 preempts both Tucson ordinances. Ordinance 11080 (alcohol-test request after negligent firearm discharge) directly conflicts with § 13-3108(A) because it relates to firearm…
Does sitting on a Florida city planning board count as holding an office under the state's dual office-holding ban?
Not in this case. The AG concluded that a member of the Fort Pierce Planning Board was not an 'officer' under Florida's dual office-holding prohibition because the board only made recommendations to…
Did Gretna have to accept private third-party building inspections instead of city inspections?
The AG concluded that the cited state construction-code provisions did not require Gretna to accept certified third-party inspections in place of inspections by its Code Enforcement Department. The…
Did Mansura pay for a resident’s autopsy lab tests and coroner commitment fees?
The AG concluded that Mansura bore autopsy lab fees for a town resident, while the parish bore those fees for a resident outside an incorporated municipality. For coroner commitment fees, the…
After Shelby County, did Louisiana still have to obtain federal preclearance before changing voting procedures?
In 2013, the AG concluded that Louisiana was no longer covered by the Voting Rights Act's former coverage formula, so it did not have to obtain Section 5 preclearance on that basis. State laws…
Could White Castle’s elected mayor also teach for a local Louisiana school board?
The AG concluded that Louisiana’s dual officeholding law allowed White Castle’s elected mayor to work part-time or full-time as a teacher for a separate school board. It did not decide any…
Could Ferriday’s mayor veto a 3–2 board motion accepting a water-system proposal?
The AG concluded that Ferriday’s mayor could not veto the aldermen’s motion accepting a water-system proposal, and the 3–2 vote alone did not justify refusing to sign a later contract. A separate…
Did the Red River Waterway Commission need Natchitoches Parish zoning approval for an RV park?
The AG concluded that the Red River Waterway Commission was exempt from Natchitoches Parish Planning Commission zoning approval and its related review and permit process for the proposed RV park.…
Can Connecticut hospitals report voluntary psychiatric admissions to the state without violating the psychiatrist-patient privilege or HIPAA, so the state can flag people who shouldn't have firearms?
Yes. The Connecticut AG concluded that Public Act 13-03 sections 10 and 11 are legislatively enacted exceptions to the psychiatrist-patient privilege in Conn. Gen. Stat. § 52-146e and that the…
What did Idaho's AG flag about the 2013 ballot initiative to overhaul state sales tax?
The petition was drafted against an outdated version of the sales tax statutes and missed 2011-2013 amendments. The AG also identified a personal-property-tax provision in the sales-tax proposal,…
Could South Carolina’s victim-assistance office recover its payment after a crime victim received a pain-and-suffering settlement?
The AG predicted that a court would allow the office to recover the assistance it paid when the victim later received a settlement for the crime, potentially through unjust enrichment or another…
Could a Louisiana village write off old unpaid water and sewer bills without forgiving the debt?
The AG concluded that Folsom could write off unpaid water and sewer bills for accounting after reasonable collection efforts, while keeping the debts collectible. It could not simply forgive or…
Which local requirements fall under Florida's special court-funding process when a county may impose a surcharge of up to $30?
The AG said section 29.008(2)(c)'s process appears limited to the "local requirements" described in section 29.008(2)(a)2. The letter did not classify particular spending funded by the optional surcharge.
Could South Carolina victim assistance reclaim its payment when a crime victim later received uninsured-motorist insurance proceeds?
The AG predicted the office could recover assistance it paid after the victim first recovered 100% of actual losses and expenses caused by the crime. It identified a conflict between…
Could a South Carolina builder who owned subdivision lots submit a late application for the multiple-lot property-tax discount?
The AG concluded that a builder who owned the lots could apply late under the multiple-lot discount provision if the written application included the late fee and all other statutory conditions were…
When is Virginia's regional congestion relief fee triggered: by the date a deed is signed, or by the date it's recorded?
By the date of recordation. After conflicting June 2013 guidance from the Office of the Executive Secretary of the Supreme Court of Virginia, the AG settled the question: § 58.1-802.2's regional…
Can a Virginia county's zoning ordinance treat the same zoning district differently based on which electoral district the parcel sits in?
No. Va. Code § 15.2-2282 requires all zoning regulations to 'be uniform for each class or kind of buildings and uses throughout each district.' Spotsylvania's February 2013 amendment authorizing…
If a county fails to maintain a historic building on land deeded from the state, can the state take the land back?
The deed obligated Isle of Wight County to maintain and preserve the dwelling in good condition, and the county apparently breached that obligation through years of disrepair. But the deed's…
When a Virginia landowner puts a conservation easement on property, must it meet the local minimum-acreage rule, and what if the easement allows lot splits later?
Conservation easement land must meet the local minimum acreage rule of § 58.1-3233 at the time the easement is dedicated, unless the easement predated the local land use ordinance. Once qualified,…
Did the Arkansas AG approve the ballot title to repeal the state's marriage amendment?
Yes, with revisions. The AG approved the popular name as submitted and rewrote the ballot title to explain Amendment 83, the continued statutory ban then in place, and the legislature's restored…
Why did the Arkansas AG reject the corporate election-spending ballot measure?
The proposal both tried to prohibit corporate election spending and called for a federal amendment authorizing such a ban, creating an internal conflict. Other wording also misstated court holdings…
Why did the Arkansas AG reject the 2013 Marriage Equality Amendment ballot title?
The AG rejected it because the ballot title did not explain how the proposal would change existing law and the amendment's own text contained ambiguities that prevented an accurate summary.
If a Tennessee county pays for school resource officers in only one school district from its general fund, does the city school district get a proportional share of those funds?
No. SROs are law enforcement, not school operations. Their cost comes from the county general fund, not from school taxes. So a county paying for SROs in county schools doesn't owe a matching…
Can a Memphis bar on a street that crosses Beale Street (north or south) qualify for the same 5 a.m. alcohol-sales window that Beale Street businesses get?
No. The 5 a.m. extended-hours rule for Beale Street under Tenn. Code Ann. § 57-4-203(d)(4) only covers establishments inside the Beale Street Historic District (Beale Street from Main to Fourth) or…
Did the 2013 petition to recall Port Allen's mayor have enough signatures for an election?
Yes. The AG said the registrar certified 1,387 valid names on the petition to recall Mayor Demetric Slaughter, exceeding the 1,271 required from a voting area with 3,818 electors. The governor could…
Can a Florida deputy sheriff keep his job if his spouse owns part of a wine bar that holds a liquor license?
Likely yes, on these facts. The AG explained that section 561.25 bars an officer from owning an interest in or being employed by a liquor-licensed business and from engaging in alcohol sales, but it…
If a lobbyist anonymously contributes to a legal defense fund for an Arizona legislator, does that count as a 'gift' under the lobbyist gift restrictions, and is it reportable?
The AG concluded that an anonymous lobbyist contribution to a legislator's legal defense fund met the broad 'gift' definition but could fall within the professional-services exception under the rule…
Could South Carolina State Transport Police collect reduced fines directly for every traffic violation in the commercial-vehicle article?
The AG said the special citation and direct-payment option covered size, weight, idling and safety violations involving commercial carriers or vehicles that Transport Police primarily enforced.…
Why did the Arkansas AG reject a 2013 marriage-equality amendment ballot title?
The ballot title did not explain how the amendment would change existing law, and its religious-organization provision used unclear language about refusals and civil claims.
Can an Arkansas county library board use a sick-leave policy different from the quorum court's countywide policy?
No. The AG concluded that county library employees were covered by the quorum court's general, uniform sick-leave policy, so the library board could not adopt a conflicting policy for them.
Is a Texas district court reporter a state or county employee, and who can fire one?
Kerr County's attorney asked whether the official court reporter for a multi-county judicial district is a state or county employee. The Attorney General said there is no single answer: a court…
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