State AG Opinions
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Can a physical therapist in Texas perform needle EMG testing?
The Texas State Board of Medical Examiners asked whether needle electromyography (EMG), a nerve-and-muscle test, is the practice of medicine, whether it also falls within a physical therapist's…
Could Idaho put a 'Signed TERM LIMITS pledge' or 'Broke TERM LIMITS pledge' legend next to a congressional candidate's name on the ballot, after the Supreme Court struck down state-imposed term limits on Congress?
The AG warned that ballot legends were on uncertain footing pending the Idaho Supreme Court's pending Simpson v. Cenarrusa decision, and that section 6's deemed-service rule risked colliding with…
Who received the prosecutor’s share of a forfeited bond when the Attorney General prosecuted a state-grand-jury case?
The Assistant Deputy AG concluded the Attorney General’s Office should receive the 25 percent prosecutor share under the 1997 bond-forfeiture law when it, rather than the local solicitor, prosecuted…
What problems did Idaho’s AG find in a 1997 term limits and lobbying initiative?
The AG said a court would likely void the initiative for combining separate subjects: local term limits and lobbying restrictions. He also warned that the broad lobbying ban might violate freedom of…
Did Idaho need a 1997 ballot initiative requiring state, county, municipal, and school district candidates to pledge compliance with a 1994 term-limits act that already legally bound them?
The AG questioned the initiative's necessity because the 1994 Term Limits Act already bound state and local candidates regardless of whether they signed a pledge, and the proposed ballot legend…
Could a 1997 ballot initiative phase out Idaho's school maintenance-and-operation property tax levy without specifying how the lost revenue would be replaced?
The AG flagged that section 1 would phase the M&O levy down to zero by 2001 but only contained a non-binding 'should' that the legislature replace lost revenue from sales taxes, leaving school…
Why did Idaho’s AG find a 1997 plutonium initiative impossible to implement as written?
The proposal did not clearly say which agency would act or what it must do, and it left key terms undefined. The AG also warned that a ban conflicting with the NRC’s program would likely be preempted.
Could the Charleston County parks commission lease property under its enabling act?
The Assistant AG said yes, to acquire a leasehold for the park, tourism, and similar facilities described in the commission’s enabling act. He viewed a leasehold as a lesser included form of…
Could a prosecutor also serve on a South Carolina council or in the General Assembly?
The Assistant AG drew a distinction: a federal Assistant U.S. Attorney could hold one of those state or local elected posts without violating the state dual-office provision, but a city prosecutor…
Did Darlington County have to appoint each school superintendent for a three-year term?
The Assistant AG said yes under the 1978 local act as it stood in 1997. He read its three-year term as applying to later appointments as well as the first, until the legislature amended or repealed…
Could a public health district board discuss its audit and management letter behind closed doors?
The Assistant Deputy AG said an executive session generally was unavailable just to receive or discuss those documents. A closed discussion required a specific statutory ground covering its subject…
Could a city bus operator post a notice banning permit holders from carrying concealed weapons on its buses?
The Assistant Deputy AG said yes under the 1996 concealed-weapons law. He read a bus as the operator’s premises or workplace and the statute’s protection of employers’ control over vehicles as…
Would a state advance to prevent school-bond default create unconstitutional state debt?
The Assistant Deputy AG saw no constitutional defect in the proposed 1997 advance mechanism. He emphasized that advances were capped by that year’s Education Finance Act appropriation and recovered…
Did a Kentucky hospital need family permission before using organs a person donated on a driver's license?
The 1997 AG opinion said a hospital with notice of a person's valid anatomical gift did not need to obtain permission from next of kin before removing donated organs. It also explained how a donor…
Can North Carolina bar nonresidents from holding shellfish licenses, and how much higher can it set commercial-fishing license fees for out-of-state fishermen, without violating the U.S. Constitution?
Yes in theory, but with serious doubt about the shellfish bar and the $1,800 fee gap in HB 1097. The AG warned that flat resident-only shellfish licenses (NCGS 113-154(c), 113-202) probably fail…
Could Aiken County tie council members’ pay automatically to state legislators’ salaries?
The Assistant AG had serious doubts about the ordinance’s constitutionality. He said it appeared to delegate council’s salary-setting power to future legislative decisions, and he declined to decide…
Did a South Carolina public-records request have to name FOIA or use a special form?
The Assistant Deputy AG said the request had to be written under the statute as it stood in 1997, but it did not need to cite FOIA or use a particular form. He said a custodian should treat a…
Did a city police department have to transport another agency’s juvenile outside city limits as a courtesy?
The Assistant Deputy AG said no absolute duty arose from a courtesy request alone. He identified transport duties for the agency that first took the child into custody or had jurisdiction over the…
Could Kentucky court clerks give state social services workers an unmasked domestic violence petition?
Yes, for workers acting in their official capacity. The AG concluded that they were not “the public” under KRS 403.770(1), so a clerk could not use that public-access redaction rule alone to…
Did years of county maintenance make undocumented dirt roads public roads?
The Assistant AG did not classify Marion County’s roads. He said a public right might arise through implied dedication or prescription, but those demanding, fact-dependent rules had to be applied to…
Could someone sit on both a county transportation committee and a regional higher-education commission?
The Assistant AG said a dual-office problem would most probably arise. Earlier office opinions treated county transportation committee service as an office, and he considered the education…
Could a county officer issue an ordinance summons for littering the officer had not personally witnessed?
The Assistant Deputy AG said the 1997 uniform ordinance summons law did not require the violation to occur in the officer’s presence. He distinguished a citation from a custodial arrest, while…
Can a New York town outside the four counties listed in Town Law § 130(17) regulate the size and horsepower of motorboats on a lake within its borders?
No. The AG concluded the town may regulate the speed and operation of vessels, but cannot regulate motorboat size or horsepower without explicit state authorization. Town Law § 130(17) only grants…
Could an officer temporarily take a permit holder’s handgun during a justified investigative stop?
The Assistant Deputy AG said yes under the officer-safety rule he drew from Terry, assuming the initial stop was justified. He reasoned that knowledge of the permit and probable weapon could warrant…
Could officers temporarily remove a visitor’s handgun without arresting him during a domestic disturbance call?
The Assistant Deputy AG said a protective temporary removal could be lawful if the officer reasonably believed safety was in danger. He said that rule could apply despite a concealed-carry permit or…
Can an Oregon county library keep corporate stock it received by bequest?
No. Article XI, section 9 of the Oregon Constitution barred counties from being stockholders in any company. The bar applied even when the stock arrived by bequest, and dividend reinvestment was…
If a former North Carolina state judge has already vested in his judicial pension before the General Assembly passed a law cutting benefits for state retirees who later become federal judges, can the State still cut his pension once he is appointed to the federal bench?
The AG concluded that § 135-72 could not reduce Judge Lacy Thornburg’s state judicial retirement benefits because he was over 50 and had more than five years of service when the provision took…
Could a town ask its suspended mayor to help sell a police car or advise on a parade?
The Assistant AG gave no definitive legality ruling. He thought asking the suspended mayor to solicit car-sale bids could look like indirect performance of mayoral duties, and advised discontinuing…
Can a New York county clerk record a subdivision map that is certified by a professional engineer instead of a licensed land surveyor?
No. The AG concluded the county clerk may not accept a subdivision map certified by a professional engineer. Real Property Law § 334 requires the certificate of a licensed land surveyor, and…
Can a New York car dealer's staff use dealer plates to run errands like picking up parts or driving customers to and from the shop?
No. The AG concluded that Vehicle and Traffic Law § 415 limits dealer-plate use to sale, demonstration, and the specific other purposes the statute lists. Running customer transport or parts-pickup…
Can a New York village make a local school district pay for repeated false fire and EMS alarms under its alarm-permit law?
Yes, by contract. The AG concluded the Legislature has authorized agreements between school districts and local emergency service providers covering alarm-interconnection costs, including costs of…
Did serving on Marlboro County’s economic-development partnership count as holding a public office?
The Assistant AG thought membership most likely did not count as a public office for the dual-office rule because the partnership’s duties were mainly advisory and promotional. He called it a close…
Did a 1997 South Carolina records request need to cite FOIA or use an agency form?
The Assistant Deputy AG said it had to be written under the law discussed, but the requester did not need to name FOIA, cite its section, or use any particular form. A written request for records sufficed.
Could a university trustee whose term expired keep serving until the legislature chose a successor?
The Deputy AG said yes under the 1997 statute, and treated continued service as an obligation. He read the rule that trustees serve until successors are elected or appointed and qualify as covering…
Could county legislative delegations approve wildlife-fund spending and private groups designate waterfowl-board members?
The Assistant Deputy AG identified serious constitutional problems with both arrangements under cited separation-of-powers and private-appointment cases. He said the provisions still had to be…
Could a public school record video and audio of students outside an entrance to investigate suspected drug use?
The Assistant Deputy AG viewed video-only monitoring in public school areas as likely defensible, but gave no definitive approval of recording students’ conversations. He found no case on the…
What counts as 'malfeasance in office' that lets a Maryland county remove a planning commission member?
The opinion concluded that 'malfeasance in office,' a ground for removing a planning commission member under Article 66B, meant willful wrongdoing by the official that had a direct connection to the…
Could a South Carolina charter school buy tort liability coverage through the state Insurance Reserve Fund?
The Assistant Deputy AG said yes under the 1996 charter-school and insurance statutes. He concluded Lighthouse Charter School, and charter schools generally, were eligible because state law treated…
Could a municipal court mark a stack of absent defendants’ tickets “tried in absence” after an officer left?
The Assistant Deputy AG said the State still had to call each case and present evidence for a trial in absentia. He rejected a blanket gallery poll and later ticket sign-off as a substitute for the…
Can a State Board of Education member keep his seat if his spouse works for a local public school system, and what happens if a board member's spouse takes a public school job after the member is confirmed?
The two questions get different answers. A public school employee appointed to the single dedicated public-school-employee seat under the 1989 amendment to NCGS 115C-10 keeps his seat even if his…
Can Oregon use Highway Fund money to start up specialty license plate programs that benefit non-highway causes?
No. Highway Fund money could not be used for start-up or administrative costs of specialty plate programs benefiting non-highway purposes. Funds already used had to be repaid, with the interest the…
What remedy did the Delaware AG direct after a city personnel committee met for two years without agendas or written minutes?
The AG found substantial FOIA violations and directed Lewes to prepare minutes from its committee meeting tapes and notice a special public meeting to discuss any formal recommendations. The Council…
Did Berkeley County have to hold a noticed zoning hearing before a council member introduced an amendment?
The Assistant AG said no under the provisions discussed. The public hearing with the stated notice was required before final council action, and earlier office guidance permitted it during a reading…
Could a clerk of court receive the probate judge’s salary while filling a vacancy?
The Assistant Deputy AG said yes, relying on two earlier office opinions whose reasoning he considered applicable. He said later probate-judge salary legislation did not appear to change that conclusion.
Did Berkeley County have to notify each resident personally before starting a zoning change?
The Assistant AG identified a published public-hearing notice requirement before enactment, not an individual notice requirement before the council initiated a change. He said the notice had to…
Was a four-government Kentucky airport board valid if it began with ten members instead of six?
The AG concluded that this joint air board was not legally constituted because the participating governments had not followed the six-member formation rule. It left the effect of later ordinances…
Could Texas enforce its Currency Exchange Act against the Kickapoo casino's non-Indian manager?
The Texas Department of Banking asked whether it could enforce the Currency Exchange Act against a non-Indian company managing the Kickapoo casino on the Band's reservation. The Attorney General…
Could an assistant solicitor also serve as a part-time municipal court judge?
The Assistant AG said the combination would most probably violate South Carolina’s dual-office provision. He relied on prior office opinions treating both the assistant solicitor and part-time…
If a judgment-creditor uses a Supplemental Proceeding to make a bank disclose a debtor's account information, does the Clerk of Superior Court have to pay the bank's record-production charge, or does the judgment-creditor?
The judgment-creditor pays. The AG concluded that although the Clerk's office is a 'governmental authority' under the NC Financial Privacy Act, the Clerk in a Supplemental Proceeding under NCGS…
Could a South Carolina charter school use one random admissions lottery despite a statutory racial-balance requirement?
The AG said the school should use one race-neutral random drawing when applications exceeded seats. He considered the statute’s racial quota unconstitutional and severable, and rejected separate…
Could Barnwell-area police form a joint violent-crime investigation team across municipal and county lines?
An Assistant Deputy AG said a written agreement under Section 23-1-215 could authorize the proposed multi-jurisdiction violent-crime team. He also identified temporary-transfer and…
Could a South Carolina city charge a convicted defendant $150 for choosing a municipal jury trial?
An Assistant Deputy AG said a $150 court cost imposed upon conviction after a jury trial appeared constitutionally doubtful under Article V. He stressed that only a court could decide constitutionality.
Could a Connecticut telephone company avoid state service rules by splitting into wholesale and retail affiliates?
The AG declined to decide whether federal law preempted Connecticut’s service rules or whether a telephone company could change its obligations by splitting into wholesale and retail affiliates. The…
Could South Carolina bar a losing primary candidate from taking office through general-election write-in votes?
An Assistant AG said the proposed bill was probably unconstitutional as written. It could add qualifications for federal office and might bar a defeated primary candidate from ever taking the same…
Could local police enforce South Carolina poker-machine rules even though SLED was designated the state enforcer?
An Assistant Deputy AG said local officers could enforce the cited poker-machine provisions in their jurisdictions. He found no statutory restriction on local enforcement and said the Governor’s…
Why did South Carolina treat charity casino nights differently from video-poker payouts in 1997?
The Assistant Deputy AG said earlier office opinions treated paid casino nights as unlawful gambling even when proceeds or prizes had charitable features. He explained that a court had read a…
Could an officer use a Uniform Traffic Ticket to charge a shoplifting offense committed moments before the officer arrived?
An Assistant Deputy AG said a ticket could serve as the charging document for a freshly committed misdemeanor within a magistrate or municipal court’s jurisdiction, if the officer had probable…
Can a Texas city give park land to a state university to build a campus?
State Senator Bill Ratliff asked whether the City of Longview could transfer a 48-acre tract of city-owned land to the University of Texas System to build a campus. The land had been bought in 1985…
Could a Washington city council candidate file before completing one year of city residency?
Yes, under the statutes examined in 1997. The candidate had to be a registered city voter when filing, but the one-year city residency period had to be complete by election day. The Attorney General…
Who registers, pre-audits, prepares, and pays claims against a Texas county: the county treasurer or county auditor?
The county treasurer registered claims only after the auditor and commissioners court approved them, then paid registered claims in order. The auditor had the nondelegable duty to pre-audit claims,…
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