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.
Can a city use a zoning rule against 'adult businesses' to keep video lottery machines out of certain establishments?
No. The Oregon AG concluded that ORS 461.030 preempts the City of Grants Pass's adult-business ordinance to the extent the ordinance would block the placement and sale of video lottery in…
Can a NC county social worker doing a child protective services assessment legally test a parent's urine for drugs if the parent consents?
Yes, if consent is truly voluntary. The AG concluded a CPS urine test is a Fourth Amendment search and requires a warrant, but voluntary consent is an established exception. Social workers must…
Could Maryland deny a regular driver's license because an applicant could not prove lawful U.S. presence?
No under the 2003 Maryland Vehicle Law. The MVA could request immigration-related documents as proof of identity, but an applicant's inability to establish lawful U.S. presence was not itself…
Which South Carolina procedure governed a broken-down vehicle tagged as abandoned by police?
The AG said the abandoned-vehicle tag and disposition procedure in Section 56-5-5850 controlled a vehicle left on a highway and tagged by police. The separate law-enforcement towing provision…
Could a South Carolina municipal clerk of court serve on a different city's council at the same time?
The AG said no. It treated both Mauldin's clerk-of-court role and a Simpsonville council seat as public offices, even though they were in different cities and the clerk described her duties as clerical.
Could Zachary buy back employees' banked annual leave before they left city jobs?
Yes, if the city first adopted a formal policy and appropriate rules for the payment, and the affected employees agreed. The AG said employees could refuse a buyback and retain leave already earned…
Could a South Carolina town's police and court clerk also serve as its municipal judge?
The AG said the Fort Lawn arrangement created a conflict, or at least an appearance of one, because police-related clerical duties threatened the judge's neutrality. It also said a court would…
Did state service contractors have to raise wages when Connecticut’s standard rate rose?
The AG concluded that covered Connecticut state service contractors had to pay workers the standard wage rate in effect when wages were paid. An increase during the contract therefore required an…
Was Aiken’s city attorney a public officer who could also serve on the county higher education commission?
The AG concluded in the linked 2003 opinion that Aiken’s city attorney was a public officer under the city ordinance. Because the higher education commission seat was also treated as a public…
Could Aiken's city attorney also serve on the county commission for higher education?
The AG treated Aiken's city attorney as a public officer under that city's ordinance and the higher-education commissioner as another officer. Holding both roles would violate South Carolina's…
Could St. Martinville amend its special charter to increase the mayor's pay?
The AG found the proposed pay amendment consistent with state and federal law and recommended gubernatorial approval if no timely elector protest was filed. The proposal set different amounts for…
Could town police use radar from outside town limits to ticket speeding inside the town?
The AG said the Pinewood officer could not make the described stop from a radar position outside town limits without another grant of authority. A county deputy could do so because the deputy's…
Could South Carolina's Highway Patrol charge a special-event traffic-control fee after a fee proviso was vetoed?
The AG said no unilateral special-event fee was authorized after the proviso's veto, absent another enabling statute. It distinguished approved contracts between law-enforcement agencies for…
Could South Carolina cancel an uncontested municipal election when no write-in candidate declared in advance?
The AG said the 2002 amendment allowing that result was constitutionally suspect because it restricted the write-in vote. The office could not invalidate the statute itself, so it said the law had…
Can a New York village pass a local law impounding any motor vehicle parked on a public street or village parking area for more than 24 hours, when state law defines an 'abandoned' vehicle differently?
Yes, with caveats. If the village does not treat the impounded vehicles as 'abandoned' (a term that VTL § 1224 defines and reserves to itself), if local conditions warrant prompt removal, and if the…
Does a reduction in the Education Finance Act's base student cost qualify as a hardship or emergency allowing a school district to raise millage by two additional mills without a referendum?
The AG said Act No. 581 did not define hardship or emergency. The county board of education must decide case by case whether the district's circumstances qualify; the opinion did not decide whether…
If a town labels an executive session 'personnel' but actually discusses a volunteer board candidate, is that a FOIA violation?
Yes but harmless, under the law as it stood in 2003. The AG found South Bethany invoked the wrong FOIA exemption when it labeled a closed session on a Board of Adjustment candidate as "personnel,"…
Could the New Orleans district attorney contract for a website and sell ads on it?
The AG said a website contract could fall within the district attorney's inherent authority if needed for constitutional duties, and found no law barring website advertising. It warned that…
Did Baltimore City liquor board members appointed while the Senate was in recess still need Senate confirmation?
Yes. The AG concluded that a recess appointee to Baltimore City's liquor board could serve temporarily but needed Senate confirmation after the Senate reconvened; without it, service ended at the…
May a person subdivide and plat beach property seaward of the baseline or setback line toward the Atlantic Ocean's mean high-water mark?
The AG found no statute specifically answering the subdivision question. It noted strict coastal-use limits and DHEC's regulatory authority, and advised would-be subdividers to consult DHEC about…
What compensation did Maryland public safety workers have for injuries from the 2003 smallpox vaccination program?
The AG said eligible workers could seek federal no-fault benefits for vaccine injuries or infection from a vaccinated coworker, with state workers' compensation reducing the federal award. It also…
Could South Carolina Parks, Recreation and Tourism grant $180,000 in appropriated funds to the National Heritage Corridor to help secure a Charleston discovery center?
On the stated facts, the AG said the proposed grant was constitutionally valid: promoting tourism was a public purpose, spending already appropriated money did not pledge state credit, and the…
Could a sheriff or county charge jail inmates booking or clothing fees by policy or local ordinance?
The AG found no general authority for a sheriff to impose those fees and considered county fees beyond those authorized by state law very questionable. It said only a court could invalidate an…
Would a pure skill tournament with an entry fee and a fixed prize funded independently of entry fees violate South Carolina gambling law?
Assuming the organizer did not compete and the prize neither came from nor varied with entry fees or entrant numbers, the AG said a court would likely find the contest lawful, particularly under the…
Did Lafayette Parish have to transport students to academy classes outside their attendance zones or to an alternative school?
The AG said ordinary transportation law did not require rides to an academy outside a student's assigned zone, subject to any requirements in Lafayette Parish's desegregation order. For a…
May one person serve as both a municipal judge and a magistrate in a different jurisdiction?
Generally the AG said those are two public offices and simultaneous service violates the dual-office rule. A magistrate may preside over another municipal court in the same county solely under the…
Would Columbia’s combined Interim City Manager and Director of Public Safety position violate South Carolina’s dual-office rule?
No. Based on the supplied job description, the AG viewed public-safety and police duties as added responsibilities of one interim city-manager position, not a second office.
Could the City of Pickens contract its statutory victim services to the county behavioral health service?
The AG identified no provision allowing that contract. It said the cited victim-notice and protection duties were assigned to law enforcement agencies.
May Camden offer municipal employees a voluntary deferred-compensation plan separate from the state plan?
Yes, the AG said § 8-23-70 allows municipalities and other political subdivisions to participate in independent deferred-compensation plans, subject to statutory requirements. The city attorney…
Could an injured firefighter apply for disability benefits after losing retirement-system membership?
The AG said an injured former member with no deferred annuity was ineligible to apply after more than 18 months away from service, because the statute ended membership then. Being injured while…
When can an anonymous crime tip justify a police stop or search?
The AG said an anonymous tip must show reliability about alleged criminal activity, such as corroborated predictive information, to support reasonable suspicion. A description that merely identifies…
Could the New York State Police lawfully add rear-facing blue lights to patrol cars under the 2003 vehicle code?
No. Under Vehicle and Traffic Law § 375(41) as it stood in 2003, blue lights on emergency vehicles were reserved by statute for vehicles owned or operated by volunteer firefighters. The proposed…
Can Maine's state business-loan agency insure or extend a loan to build a church?
No. FAME's Small Business and Veteran's Insurance Programs and Economic Recovery Loan Program target commercial enterprises. Churches don't fit, and direct state subsidy of church construction would…
Would alleged misstatements about a 2002 school bond referendum likely invalidate the referendum or bonds, or stop repayment and related taxes?
The AG said invalidation or an injunction against issuance, repayment, or taxation was highly unlikely on the described facts. A court’s likely remedy, if warranted, would restrict use of bond…
How long may a governor-appointed circuit solicitor serve after a vacancy?
The AG said the Governor fills the vacancy with Senate advice and consent, but the appointee serves only until the next general election. It identified November 2004 as the next general election for…
Could SLED find North Carolina concealed-weapon permit standards equal to or greater than South Carolina’s for reciprocity?
The AG said equal did not mean identical and concluded SLED had a substantial basis to find the North Carolina standards substantially similar. The final reciprocity determination belonged to SLED,…
Would a council member’s assault conviction or earlier indictment require suspension or forfeiture of office?
The AG said assault of a high and aggravated nature could be a crime of moral turpitude depending on facts it could not resolve. An indictment for assault with intent to kill supported gubernatorial…
Can a NC Parks and Recreation Authority member who is also a community college trustee also hold an elective town office?
Yes. The AG concluded N.C. Gen. Stat. § 115D-16 specifically lets a community college trustee hold offices 'in addition to and concurrently with' those permitted by § 128-1.1. Because § 128-1.1 lets…
May a register of deeds refuse to record a “Copyright Notice and Self-Executing Agreement”?
The AG said the document did not appear to be a type ordinarily recorded and might be sham legal process. The register could refuse it on a reasonable belief that it was false, fraudulent, or sham,…
Must an agency funded only partly by a county obtain an independent annual audit?
No. The AG said every agency receiving county funds must provide a detailed annual fiscal report, while the mandatory independent annual audit applies to agencies funded wholly by the county. A…
Could Sullivan’s Island require owners of state-registered golf carts to get a town identification decal?
The AG construed the statutory ban on municipal or county license plates as barring a separate local licensing requirement for a golf cart already registered with the State, even if the town called…
Can the NC State Treasurer use money in the Escheats Fund to pay for newspaper ads listing the names of people who may have unclaimed property, beyond the bare-minimum notices the statute specifically requires?
Yes. § 116B-6(h) authorizes the Treasurer to expend Escheats funds for 'costs of notice and publication,' and the statutory language is not limited to the specific publications required by §…
Could Louisiana clerks of court receive the full 2003 annual salary increase even though Act 157 took effect in August?
The AG said the salary increases authorized as 'annual compensation' could be established for January 1 through December 31, 2003 without proration from Act 157's August effective date. It relied on…
Could a Louisiana college employee receive a cash payout for unused annual leave after transferring to another state university system?
The AG said the employee could not demand an immediate lump-sum payout merely because the new system declined to accept annual leave. The leave could be held until the employee left state service,…
Can a Minnesota county refuse to record a land conveyance document on the ground that the underlying transaction does not comply with the county's zoning, subdivision, or sewage-treatment regulations, or that county-imposed fees are unpaid?
Mostly no. The AG concluded that under Minn. Stat. § 394.37 a county may not prevent recording of a land conveyance just because the conveyance violates county subdivision or zoning ordinances. The…
Could a Medical University of South Carolina trustee also serve on the Florence Housing Authority?
No. The AG considered both roles public offices and said simultaneous service would violate South Carolina’s dual-office rule. Accepting the housing authority position would automatically vacate the…
Are bank overdraft fees charged on bounced checks 'interest' subject to Georgia usury law, or are they ordinary checking-account fees governed by the Banking Law?
Generally not interest, with one important exception. The Attorney General concluded that flat-fee overdraft programs (where the bank may, but is not required to, honor an overdraft and charges a…
Was a St. Martin Parish constable personally required to handle stray dogs every day?
The AG said the parish's full-time animal control officer had the primary dog-control role on the facts supplied. The police jury could delegate dog-seizure authority to a constable or another…
Could Anderson County give district funds to charities or water-service bodies without a referendum?
The AG said a bare appropriation for purely charitable purposes to a private nonprofit would likely violate the constitution, though payment for a valid public service could be lawful. Giving money…
Can a Delaware town hold a special meeting on only three days' notice to switch contractors on a road project?
Yes, according to this opinion, as long as there's a genuine reason the normal seven-day notice couldn't be met. The AG found a town's three-day notice for a special meeting to fire an unresponsive…
Could New Orleans Business and Industrial District sell state-funded property to raise cash?
The AG said the district's property-sale power depended on its purposes and funding agreements. He questioned a sale merely for cash flow and said a state bond-funded agreement very likely barred…
Could Natchitoches Parish's police jury refuse to fund raises for district court and district attorney staff?
The AG said the district court and district attorney could require the police jury to fund reasonable and necessary office expenses, including qualifying staff costs. It urged the three offices to…
After a tax sale, should the assessor put the property in the buyer's name or keep the delinquent owner's name?
The AG said the property should be assessed to the successful tax-sale purchaser after the tax deed was recorded, with subsequent tax notices sent to that purchaser. It quoted an earlier opinion…
Did a food bank director's spouse working for Baker's private auditor breach the city-food bank agreement?
No. The AG said the agreement barred city benefits for food bank personnel, but the director's spouse worked for a separate private accounting firm and was not food bank personnel. The marriage did…
Did Maryland legislative auditors have to give their home addresses to inspect officials' financial disclosures?
No, when acting in an official audit or review. The AG said auditors used an independent statutory right of access, so the public-inspection rule requiring an examiner's home address and possible…
Could a DUI charge simply be reduced to reckless driving, and must a judge explain a dismissal on the citation?
The AG said reckless driving was a separate offense, not a lesser included DUI offense. A prosecutor could dismiss or nolle prosequi a DUI charge when evidence did not justify it, then issue a…
Could an attorney serve part-time as an assistant district attorney in both St. John the Baptist Parish and Orleans Parish?
The AG said the two part-time assistant district attorney positions could be held together. The prohibition it quoted applied to two full-time appointive offices or jobs, and the opinion said the…
Does a conviction for possessing a stolen vehicle count as a prior property offense for value-based sentence enhancement?
Yes. The AG said punishment under § 16-21-80 varied with the vehicle’s value, so a conviction under it qualified as a prior offense for enhancement under § 16-1-57.
Could one person serve on both the England development district and Ward Nine recreation district boards?
The AG said yes on the supplied facts. The appointed, part-time seats belonged to separate political subdivisions, and the opinion identified no applicable dual-officeholding prohibition or…
Can a Maine sheriff use Community Corrections Program account funds to pay the local match on a federal grant funding juvenile prosecutor positions?
It depends on the facts. Community Corrections Program account funds may pay the local match on a federal juvenile prosecutor grant only to the extent the prosecutor positions actually deliver…
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.