State AG Opinions
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How could a South Carolina magistrate be removed for misconduct or incapacity, and could a county eliminate that particular judge’s position?
The AG identified the judicial disciplinary complaint process for alleged misconduct or incapacity and declined to judge a particular relationship. It said a county and its Senate delegation could…
Can Albemarle County ban all junk cars from residential yards unless they're inside a garage or hidden from view?
Yes. Va. Code § 15.2-905(A) gives Albemarle County (and other specified localities) two options for regulating inoperable vehicles on residential, commercial, or agricultural land: a total ban with…
Did the Arkansas AG approve the ballot title for four-year terms for county officials?
Yes, but with revised language. The AG substituted a fuller popular name and ballot title identifying the affected offices, the change from two-year to four-year terms, and the proposed start date.
Why did the petition to recall Homer's mayor fail to trigger a Louisiana recall election?
The petition fell short on signatures. The AG said Homer's 1,981 registered electors required at least 660 valid signatures for a recall, but the registrar certified only 636, so the governor could…
Does an Illinois state employee lose his pension if he is convicted of a felony committed against someone in his agency's custody?
Yes. Attorney General Lisa Madigan concluded that a former Department of Human Services forensic psychologist forfeited his State Employees' Retirement System pension after pleading guilty to sexual…
Why did the Arkansas AG reject the 2013 Ban Prohibition of Cannabis ballot measure?
The AG rejected it because the amendment text stated goals but contained no operative repeal language, overstated what state-law repeal could accomplish under federal law, and was unclear about…
Could a Welsh alderman serve as an unpaid reserve police officer for the same town?
The AG concluded that an elected Welsh alderman could also serve as an uncompensated reserve police officer. On the facts supplied, the reserve role was neither compensated public employment nor a…
Can a Florida city release transcripts of closed attorney-client 'shade' meetings before the lawsuit ends?
Yes. The AG concluded that a governing body may release the transcripts of section 286.011(8) attorney-client litigation meetings before the conclusion of litigation. Doing so is not a Sunshine Law…
Can a Florida county charge school impact fees in only part of the county instead of countywide?
Yes, with conditions. The AG concluded a county may levy school impact fees in only one portion of the county, so long as the ordinance satisfies the 'dual rational nexus test' and is drafted so it…
Could an Arkansas cannabis and hemp study initiative use the proposed ballot title submitted in 2013?
No. The Arkansas Attorney General rejected the proposed popular name and ballot title because the measure was materially indistinguishable from earlier submissions whose ambiguities prevented an…
Could Livingston Parish pay health insurance premiums for council members without exceeding its charter pay limit?
The AG said Livingston Parish could pay council members' health insurance premiums under state law and its charter, but the premiums counted as compensation. If existing pay already reached the…
Could Louisiana’s beef promotion council use the cattlemen’s association as a sole-source contractor?
The AG concluded that the Louisiana Cattleman’s Association would be the sole-source provider for the state beef promotion program if it was the only accepted industry organization. Another…
Are public employees' drug-test results from a Florida drug-free workplace program open to a public records request?
No. The AG concluded that drug-test results obtained under a Chapter 440 drug-free workplace program are confidential and exempt from Florida's Public Records Law, so a city cannot release them in…
Can the same person be both a civil traffic infraction hearing officer and a 'local hearing officer' for red-light camera cases in Florida?
No. The AG concluded a 'local hearing officer' under section 316.003(91) is an office under Florida's dual office-holding ban. The statute lets a county or city use an existing code enforcement…
Could Arkansas certify a 2013 ballot title for a constitutional right to possess marijuana?
No. The Arkansas Attorney General rejected the proposed ballot title because the amendment left major questions unresolved about possession limits, commercial distribution, cultivation, and its…
Does Tennessee's charter school funding law unconstitutionally shift costs to local school districts under the state-spending clause of the Tennessee Constitution?
No. The Charter Schools Act doesn't directly require local school districts to spend more, it just makes existing per-pupil dollars follow the student. And even if it did increase local spending,…
Could a South Carolina firefighter serve on another city’s council while retaining State Fire Marshal certification?
The AG concluded that a Greer firefighter could serve on Simpsonville City Council and keep Fire Marshal certification under the facts supplied. The firefighter exemption applied to dual-office…
Could a Kentucky city keep or refund surplus money from its electric utility?
The Kentucky AG concluded in 2013 that a city could direct the use of genuine utility surplus by ordinance, including customer refunds, system upgrades, or an environmental-cost reserve. Without an…
Which lookback period applied to South Carolina employers’ unemployment-tax benefit ratio for tax year 2014?
The AG said the statute supported both a ten-year and a three-year reading for the 2014 benefit-ratio calculation. It left the interim interpretation to the Department of Employment and Workforce,…
Could the University of Arkansas release an employee resignation email and unsolicited complaint under the FOIA?
Yes. The Arkansas Attorney General concluded that the email chain was a public personnel record and that releasing it would not be a clearly unwarranted invasion of personal privacy.
If a Tennessee city's annexation ordinance was finalized by court settlement before Tennessee passed a 2013 annexation moratorium, can the new moratorium retroactively undo that annexation?
No. Once a quo warranto challenge was resolved by an agreed court order and the parties' rights became vested, the Tennessee Constitution's ban on retrospective laws prevented the 2013 moratorium…
Can the Tennessee legislature pass a private act forcing one county's general sessions court to use the county probation office (and only that office) to supervise misdemeanor probationers?
Yes. Tenn. Code Ann. § 40-35-302 doesn't require courts to consider all qualified providers, so a private act picking one county provider doesn't conflict with general law. And because supervising…
Could a licensed Kentucky physical therapist perform dry needling, or was it reserved for acupuncturists?
The Kentucky AG concluded in 2013 that licensed physical therapists could perform dry needling with adequate training and skill. The acupuncture statute did not reserve solid filament needles…
Could a South Carolina nonprofit hospital indemnify trustees and officers for a federal verdict against the hospital?
The AG concluded the hospital could not indemnify its trustees and officers at that stage because they were not parties to the federal lawsuit and had not been compelled to pay damages. It also said…
Could Arkansas certify a 2013 ballot title for an amendment protecting unborn children from conception?
No. The Arkansas Attorney General rejected the proposed ballot title because the amendment did not clearly state how it would interact with federal abortion law, existing Amendment 68 provisions,…
Could Arkansas certify the 2013 Arkansas Medical Cannabis Act ballot title?
No. The Arkansas Attorney General rejected the proposed ballot title because conflicting definitions and provisions left the measure's possession rules, dispensary cultivation limits, patient…
Can a Virginia city treasurer get paid a percentage for collecting delinquent court fines, and what are the limits?
Yes. A city treasurer may enter into an agreement with the local Commonwealth's Attorney under Va. Code § 19.2-349 to collect delinquent court debt (fines, costs, forfeitures, penalties,…
Could Arkansas DHS and the Shelby County Health Department jointly operate the Healthy Families prenatal-care outreach program?
Yes. The Arkansas Attorney General approved the interlocal agreement because it was in proper form and compatible with state law, but noted that it should have been submitted before its stated…
Could an Arkansas county sheriff house local prisoners in an out-of-state jail when the county had no working jail?
No. The Arkansas Attorney General concluded that a sheriff whose county lacked an adequate jail could place prisoners in a consenting jail in another Arkansas county, but not in an out-of-state jail.
Could East Baton Rouge’s clerk pay full insurance premiums for employees who retired before a new benefits law?
The AG concluded that the East Baton Rouge clerk’s office could pay 100 percent of qualifying retirees’ insurance premiums even if they retired before the new statutory provision took effect. The…
After the U.S. Supreme Court struck down the Voting Rights Act preclearance coverage formula in Shelby County, are Arizona statutes that were enacted but never precleared now valid and enforceable?
Yes. The U.S. Supreme Court's June 25, 2013 decision in Shelby County, Alabama v. Holder struck down the Voting Rights Act coverage formula in Section 4(b), removing Arizona's Section 5 preclearance…
Could a South Carolina nonprofit water company give residential customers a free month without giving businesses the same benefit?
The AG did not give a categorical yes or no. It said the answer depended on whether a court found the resulting water rates reasonable; the office would not make that factual determination.
Did a South Carolina State University trustee lose her seat when the legislature voted against re-electing her but chose no successor?
The AG concluded that the vote against re-election did not remove the trustee. She continued in holdover status until a successor was elected and qualified, leaving no vacancy for the Governor to fill.
Could an Arkansas school district release records about a teacher's suspension and termination recommendation under the FOIA?
The Attorney General could not decide whether the records should be released because he had not received the documents or enough facts to classify them. The opinion instead explained the separate…
Could Huey P. Long Medical Center be closed, privatized, or cut to cover another LSU hospital’s deficit?
The AG concluded that Act 220 barred closing Huey P. Long Medical Center or its emergency room without legislative approval and barred cutting its funds or staff to offset another center’s deficit.…
After Arizona's 2013 HB 2593 raised contribution limits and split them across primary and general elections, when can a candidate accept those amounts and how should the committee account for them?
Yes to most of the eleven questions. After HB 2593 (effective Sept. 13, 2013), an Arizona candidate committee may accept up to the maximum contribution for both the primary and the general election,…
Could Tullos collect occupational license taxes after years of collecting from only one business?
The AG concluded that Tullos could collect occupational license taxes that had not prescribed if its ordinance had been lawfully adopted and remained in force. Past noncollection from other…
Can Texas create a second emergency services district over the same area to raise more property tax?
A House committee chair asked whether Texas can create a second emergency services district (ESD) covering the same area as an existing one, offering the same services, just to collect more property…
Which court does a bail bondsman file with to surrender a defendant before charges are formally filed?
Houston County's attorney asked which court a surety, usually a bail bondsman, should use to file the paperwork that surrenders or releases liability on a bond principal under articles 17.16 and…
Is Texas's 10% cigarette advertising fee blocked by federal law or the First Amendment?
A House committee chair asked whether Texas's 'Advertising Fee Statute,' which charges a 10 percent fee on outdoor advertising of cigarettes and tobacco products, is blocked by the Federal Cigarette…
Can a bail bondsman's ad in a county jail magazine count as illegal solicitation in Texas?
Bexar County's district attorney asked whether a bail bond licensee's advertising in a magazine handed out to pretrial detainees in the county jail, especially under a deal giving that licensee…
Can a Texas county ban an elected official from bringing a pet to their own office?
The Titus County Attorney asked whether the county commissioners court could enforce its new ban on animals in county buildings against an independently elected official's office, after he had…
Could a South Carolina concurrent resolution repeal an earlier state law concerning a road closure?
The 2013 AG predicted a court would likely find that a concurrent resolution lacked the force of law and could not repeal a state statute. It expected a court to treat the resolution as binding only…
Can a Tennessee school district spend its leftover education fund balance on recurring expenses, or only one-time costs?
It can spend the balance above 3% of the annual budget on any educational purpose, recurring or non-recurring, if the school board recommends it. The 2005 amendment removed the old rule limiting…
If a Tennessee driver hits a bicyclist or pedestrian who was using the road properly, is the crash itself proof the driver failed to exercise due care?
No. Tennessee uses a reasonable-person standard. The fact of a crash, even with a lawfully riding cyclist or a pedestrian in a crosswalk, does not automatically mean the driver breached the duty of…
Can a Tennessee county use the $5 records-preservation fee to build, buy, or lease a building that is partly used for archives and partly used for other county business?
Yes, but records fees may fund only the parts used to duplicate, store, or maintain records required to be kept permanently. They cannot fund other uses of the building or an entire lease that…
Can a Tennessee city or county prohibit shooting guns within its borders?
Yes. Tennessee's firearms preemption statute only blocks local rules on transfer, ownership, possession, or transportation of firearms. It does not cover discharge, so cities and counties can…
Can a Tennessee city or county buy liability insurance from a private company without taking competitive bids?
Only if the insurance is bought through a plan approved by an organization representing Tennessee cities and counties. Otherwise, normal competitive-bidding rules apply. The professional-services…
If a Virginia county downzones some property but upzones other property at the same time (no net loss of lots), does it still have to mail notice to every owner being downzoned?
Yes. Va. Code § 15.2-2204(B) requires a planning commission to give written notice to the owner of each parcel facing a downzoning, regardless of whether other concurrent rezoning proposals would…
Can Virginia retry a defendant after a conviction is reversed for wrongly admitted evidence when all the evidence presented at trial supported the conviction?
Yes. House Bill 2338 (codified as Va. Code § 19.2-324.1, effective July 1, 2013) requires Virginia appellate courts to consider all evidence admitted at trial when reviewing sufficiency challenges,…
Can a Virginia locality charge more than $50 to license a kennel with hundreds of dogs?
Yes, with a per-block cap. The AG concluded that § 3.2-6528 let a Virginia locality charge a kennel establishment with multiple kennel blocks more than $50 in total license taxes, but no more than…
Does a Tennessee police department have to follow special due-process steps before issuing a written reprimand to an officer?
No, not unless that reprimand also dismisses, demotes, suspends without pay, or transfers the officer for punitive reasons. Tenn. Code Ann. § 38-8-304 only triggers when one of those four employment…
Could an Arkansas city release a former police officer's full personnel and training files after redacting only Social Security numbers?
The Attorney General could not evaluate the city's blanket release decision because the custodian had not classified the records or applied the required FOIA tests. The files included evaluations…
Could Erath maintain a nonprofit community building on town land without charging for the work?
The AG concluded that Erath could agree to provide maintenance for the nonprofit community building on town property in exchange for community access, but only if the town reasonably expected at…
Can a sitting Arizona legislator be on the board of a super PAC or 501(c)(4) that supports other candidates, without violating Arizona campaign-finance law?
Yes, with limits. An incumbent Arizona legislator may associate with a state political committee or super PAC that supports or opposes other candidates, provided (a) the committee is not the…
Can a Washington public hospital district contract with a religiously affiliated provider that won't perform abortions or provide contraception, and skip those services itself?
No. The AG concluded that under RCW 9.02.160, if a public hospital district provides maternity care (directly or by contract), it must also provide substantially equivalent benefits, services, or…
Can a Washington irrigation district sign a contract that lets it be on the hook for the federal Bureau of Reclamation's mistakes?
No. The AG concluded that irrigation districts could contract with the United States but could not indemnify the federal government, because they have only the powers expressly granted by statute,…
Could a South Carolina municipal judge sign a city arrest or search warrant at home outside city limits?
The AG concluded that signing a warrant at a municipal judge’s home outside city limits did not, by itself, invalidate the warrant. The judge still needed jurisdiction over the matter and had to…
Could South Carolina police require a crime victim to use a public-records request to see investigation documents before trial?
The AG said a victim had a separate constitutional right to reasonable access to documents relating to the crime after the investigation ended and before trial; an agency policy or FOIA response…
Can a Virginia local government force the circuit court clerk to grant outside access to the clerk's case management system?
No. The AG concluded that a local governing body cannot require access for people not employed by the circuit court clerk without the clerk's authorization. A prior opinion placed the clerk's…
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