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 the public see the investigation report and termination paperwork for an Arkansas school superintendent who resigned during a misconduct investigation?
The investigation report, termination notice letter, resignation letter, and the superintendent's attorney letter are all properly disclosable under FOIA. The four-part test for evaluation records…
When does a city prisoner become a county prisoner in Mississippi, and can a city-county jail contract specify the trigger?
The AG was not aware of a statute or case making a city prisoner a county prisoner when bound over to the grand jury. Section 47-1-39 permits a city and county to contract for jail housing, but the…
What remedies might let a newly elected volunteer fire department board access county tax revenue in a bank account?
The remedies depend on why Gepp Volunteer Fire Department’s new board cannot access county sales-tax funds. A bank-contract dispute is a private matter outside this opinion. If former signatories…
Can a Kentucky riverport authority give public land to a company in exchange for job promises, with the land reverting if the jobs don't materialize?
Not on those terms. The Attorney General concluded that the Greenup-Boyd County Riverport Authority's proposed deal, conveying land to a private company whose only payment is a promise to create…
Can a Mississippi county recover gas and wear-and-tear costs when a deputy uses an official vehicle for off-duty private security work?
Yes, by conditioning approval. Section 17-25-11 doesn't directly address expense recovery, but the statute requires the employing jurisdiction's approval before an officer can use an official…
What authority does Union County have to renew its hospital lease without trustees, and can it change the hospital fund rules by agreement?
Section 41-13-15(11) gives the owner the right to enter a lease on agreed terms when no hospital board of trustees exists. The AG did not decide whether Union County may renew its executed 1989…
What standards does the Arkansas AG apply when reviewing a proposed initiated constitutional amendment, and why was the 2024 recreational marijuana ballot title rejected?
The AG rejected the proposed 'Arkansas Recreational Marijuana Amendment of 2024.' Defects included impermissible incorporation by reference of statutes (violating the full-text requirement),…
Can a Mississippi sheriff's department contract with a private school to provide school resource officers for pay?
No. Section 21-19-49(2) authorizes contracted SRO arrangements only with public school districts, not private schools. A sheriff has a general duty to keep the peace countywide and cannot charge a…
Can a Mississippi city refund donations made for a specific project if the project changes substantially?
Yes. A Mississippi city may refund donations made for a restricted purpose if the donated funds cannot or will not be used for that specified purpose. Whether a project's changes are substantial…
Can a Mississippi community college charge out-of-state students in-state tuition for its nursing program?
Only with a sponsor. Section 37-103-25(4) lets a community college board waive out-of-state tuition only if the policy fits the school's educational mission AND a local business, industry, or state…
Can a Mississippi county install culverts on private property used as a polling place?
No. Section 23-15-281(2) lets a county build, repair, and maintain polling places it owns, but only authorizes rental payments (not capital improvements) for private property used as a polling place.
Did Missouri approve ballot wording for petition 2024-173 on county cigarette taxes?
Yes. The attorney general approved the proposed summary statement’s legal content and form. It described local voter authority over a county cigarette excise tax and dedicated uses of the proceeds;…
In Arkansas, can a motor vehicle leasing company that is a subsidiary of an automaker lease vehicles directly to Arkansas consumers without going through a franchised dealer?
An Arkansas leasing company that is affiliated with an automaker can lease directly to Arkansas consumers only if it is genuinely independent of the manufacturer, not an officer, agent, or…
When the Arizona statute requiring fingerprint clearance cards for housing-license applicants uses words like 'partner,' 'president,' and 'manager' without defining them, can the Department of Public Safety and the Department of Housing use the definitions of those same terms found in other parts of the Arizona Revised Statutes?
Yes. The statute uses these terms in the context of business entities and Arizona has standard definitions for each role in its business-entity statutes. Standard rules of statutory construction…
Can South Carolina set up a state employee payroll deduction to pay for a workplace wellness program?
The Attorney General did not decide whether a wellness plan counts as the kind of 'insurance' the Comptroller General could deduct for under S.C. Code § 8-11-80; that call belongs to the Comptroller…
Do South Carolina charter school board members have to be registered voters, or is living in the state enough?
Residency alone is likely not enough. The Attorney General concluded a court would probably find charter school board members are public officers, so under Article XVII, Section 1 of the South…
Can a South Carolina county council tell the sheriff's deputies what to do at council meetings, and can deputies use force to enforce public comment rules?
Probably not, on both counts. The Attorney General concluded a court would likely find a county council's limited authority over elected officials does not extend to giving direct orders to the…
In Arkansas, can a city council force the city's Advertising and Promotion Commission to keep funding the convention center, or does the commission have sole authority over how A&P tax dollars are spent?
An Arkansas city's Advertising and Promotion Commission has sole authority over how A&P tax revenue is spent. The commission can choose among several uses listed in A.C.A. § 26-75-606 (advertising,…
Did Missouri approve the fiscal note summary for initiative petition 2024-173?
Yes. The attorney general approved the fiscal note summary’s legal content and form, including the submitted estimate of no state or local governmental costs or savings. The opinion expressly did…
Can an Arkansas state agency contract with a private business that requires a COVID-19 vaccine or face mask to receive its services?
Generally yes. Arkansas's COVID-19 vaccine ban (A.C.A. § 20-7-146(c)) and mask ban (A.C.A. § 20-7-144(c)) restrict state agencies, not private businesses they contract with. But if a state agency…
Can a charter city in Arizona schedule a special election to amend its city charter and authorize a sales tax on a date other than the November general election, even though state law says transaction privilege tax elections must happen in November?
For Tucson's proposed charter amendment, yes. The AG concluded that its special-election timing was a purely municipal matter, with no indication that the timing implicated a fundamental voting…
Do I need to take an in-person firearms course again to renew my Virginia concealed handgun permit?
No. The Virginia AG concluded that an existing concealed handgun permit, by itself, satisfies the in-person firearms competence requirement at renewal. You do not need to take another training class…
How do the two-term limit and holdover rules work for South Carolina Commission on Higher Education appointments?
The Attorney General concluded the two-consecutive-term limit in S.C. Code § 59-103-10(1) applies to all ten Commission on Higher Education members the Governor appoints under that subsection, both…
Does federal law let a military spouse keep using an out-of-state professional license in South Carolina without meeting state licensing requirements?
Likely yes where the laws conflict, but the Attorney General would not formally bless any specific approach. It explained that Section 19 of the federal VAEIA (50 U.S.C. § 4025a) requires…
When an Arkansas county treasurer resigns mid-term, who declares the vacancy, who appoints a replacement, how long does the appointee serve, and can the resigning treasurer run for another county office?
The quorum court declares a county treasurer vacancy and appoints a replacement. In the circumstances presented, the appointee serves until a successor elected at the next general election begins…
Can a California county pass ordinances limiting how pesticides are used in the coastal zone, even when its Local Coastal Program calls for those limits?
No, not as ordinances of general application: Food & Agricultural Code § 11501.1 preempts local pesticide-use rules without Department of Pesticide Regulation approval. But counties can use…
What changes did the Arkansas Attorney General make to the proposed ballot title for the 2024 amendment that would have repealed the Pope County casino license and required local voter approval for new casinos?
The AG substituted and certified a popular name and ballot title for a proposed amendment that would remove Pope County casino authorization and require a county vote for certain future licenses. He…
Can a Mississippi mayor appoint his son to the school board if the son refuses any pay?
Yes, but only with a complete waiver. The mayor's appointment of his son to the school board would otherwise violate § 25-1-53 (father and son are within third degree, mayor is the appointing…
How does the Colorado House of Representatives impeach a state official, and what conduct can get an official removed from office?
Colorado has no specific impeachment procedure in statute. Historically the House has started impeachment with a House resolution, governed by House Rule 26. To impeach for malfeasance in office,…
Is there a mandatory 24-hour holding period for someone arrested on a domestic violence charge in Mississippi before they can bond out?
No. The 'twenty-four-hour cooling-off period' previously authorized in Miss. Code Ann. § 99-5-37 was removed by a 2012 amendment. Under the current law, a judge may, upon setting bail, impose a…
Can the wife of a Mississippi county hospital trustee be hired as a social worker for the hospital?
Yes. Mississippi's general nepotism statute (Miss. Code Ann. § 25-1-53) is not violated because the board of trustees is not the appointing authority for the hospital and nursing home (the director…
Does a Missouri AG approval as to form make an initiative petition substantively sufficient?
No. For petition 2024-174, the attorney general approved only its form under § 116.332, RSMo. The letter leaves the Secretary of State free to reject the petition and expressly declines to determine…
Can an Arkansas city sign a 25-year lease with a financial institution for a building, then sublease most of it to a private college, without violating the Arkansas Constitution's restrictions on aid to private entities and on multi-year debt?
The AG did not decide whether the proposed contracts were constitutional. He said adequate consideration would address one concern, the Amendment 78 lease question was unclear, a court might find no…
Can the West Virginia Office of Miners' Health, Safety & Training require coal mine operators to inspect electric water pumps located in non-working areas of the mine on a pre-shift or on-shift basis?
Only weekly. The Office can require weekly inspection of all pumps under W. Va. Code § 22A-2-40(20), including those in non-working areas. But the more-frequent pre-shift or on-shift inspection…
Can a Tennessee constable arrest someone outside their own county?
No. A constable's official jurisdiction is county-wide only. Outside their county, a constable has no more arrest authority than any private citizen, and they have no authority to serve process…
Can a Kentucky state agency define 'underrepresented minority' purely by race and tie university funding to race-based enrollment targets?
No. The Attorney General concluded that the Council on Postsecondary Education's race-only definition of 'underrepresented minority,' which forces public colleges to hit race-based enrollment and…
Does a South Carolina city have to give public notice before annexing land by petition, and who checks the petitions?
The Attorney General would not rule on whether the City of Chester's specific annexation was legal, because that turns on facts it cannot resolve. As a matter of general law, it explained that the…
Does North Dakota's military pay tax exemption cover National Guard Active Guard Reserve, dual-status technicians, and ADOS service?
Yes. Pay received by a North Dakota Guard or reserve member for service in Active Guard Reserve (AGR), Dual-Status Technician (DST), Dual-Status State Employee (DSSE), or Active Duty for Operational…
Can a Mississippi sheriff rehire his brother as chief deputy after the brother retires and returns?
No. Mississippi's nepotism statute (§ 25-1-53) bars a sheriff from hiring his brother as chief deputy. Brothers are within the third degree, the sheriff is the appointing authority for the sheriff's…
Can a Mississippi defendant 'sit out' or work off the mandatory $1,000 human trafficking fund assessment in jail?
No. There is no authority for a Mississippi judge to allow a defendant to 'sit out' or work off the mandatory $1,000 Human Trafficking and Commercial Sexual Exploitation Fund assessment under §…
Can a Mississippi defendant in a domestic violence case 'sit out' the mandatory $1000 human trafficking assessment in jail?
No. There is no authority for a judge to allow a defendant to 'sit out' the mandatory $1000 state assessment under Miss. Code Ann. § 99-19-75. The statute uses 'shall,' which is mandatory under…
If a Louisiana waterworks district commissioner loses his seat after missing four straight meetings, can the police jury just reappoint him to the same seat?
Yes. Louisiana law treats four consecutive missed meetings as creating a vacancy on a waterworks district board, but nothing in the statute or the parish code prevents the police jury from filling…
Can a South Carolina county extend a local sales tax past its 20-year limit on its own, or does it need the Legislature?
It needs the Legislature. The Attorney General concluded that Clarendon County's 1% sales and use tax, authorized by Act 355 of 2004 for its school districts, is capped by the Act's plain language…
Can a South Dakota State's Attorney who is now a full-time county employee still do private legal work on the side, as long as it's not in state court?
Yes. SDCL 7-16-19 only bars a full-time state's attorney from representing private clients in cases pending in South Dakota state courts. Other private practice (transactional work, federal court…
Can a nonprofit give free cybersecurity tools and training to Virginia political campaigns without triggering campaign finance reporting?
Yes, if the goods and services are offered on a nonpartisan basis and are not provided for the purpose of expressly advocating the election or defeat of a specific candidate, they are not…
Does the University of Idaho Board of Regents have the constitutional power to acquire and operate a private university like the University of Phoenix through a separate non-profit corporation?
No. The Board's constitutional charter is limited to governing the University of Idaho itself. Setting up a separate non-profit (Four Three Education, Inc.) to acquire and run the University of…
Can convenience stores, smoke shops, and other unlicensed retailers in Arizona legally sell delta-8 THC gummies, vapes, and similar hemp-derived intoxicating products?
No. Arizona law treats delta-8 and other hemp-synthesized intoxicants as Schedule 1 controlled substances. Only retailers licensed by the Arizona Department of Health Services to sell cannabis…
How much of a Texas hospital district's sales-tax revenue can it spend on economic development under a 'one-fourth of one percent' cap?
A small slice, not a quarter. The AG concluded Special District Local Laws Code section 1069.211 lets the Nacogdoches County Hospital District allocate for economic development up to one-fourth of…
Are court-cost refunds to mental health facilities under Texas law limited to patients who were actually committed?
No, the AG concluded the refunds are not limited to committed patients. Health and Safety Code subsection 571.018(j) makes a judge order a refund of court costs paid or advanced by certain inpatient…
Can a Texas water control and improvement district use surplus debt-service (interest and sinking) fund money to reduce a future bond issuance?
No, the AG concluded it cannot. A water control and improvement district has only the powers a statute gives it. Water Code subsection 51.436(b) lists the only permitted uses of interest and sinking…
If a Washington superior court judge is sitting as a visiting judge in another county, can they hold the hearing in their own home courthouse, appear remotely, and bring along their own court commissioner?
The default answer is no, with two real exceptions. AGO 2024 No. 1 says that a visiting superior court judge ordinarily must travel to the county being visited and hold the hearing there, and that…
If someone trespasses on my property or creates a nuisance, can I sue for the annoyance and inconvenience, or only for the dollar damage to the property?
In a private nuisance or trespass case in New Mexico, you can recover damages for annoyance, discomfort, and inconvenience even without proving the property lost market value. Pure emotional…
Could Tennessee legally pass a law letting the state nullify federal laws, executive orders, or court decisions it considers unconstitutional?
No. Senate Bill 1092 is constitutionally infirm. Tennessee's separation-of-powers doctrine bars the legislature and governor from declaring federal action unconstitutional (that's a judicial…
Can a memorandum about why a county prosecutor's employee resigned be released under Arkansas FOIA, especially when the former employee says she resigned voluntarily and is now running for the same county prosecutor's office?
Whether a memorandum describing a Benton County Prosecutor's Office employee's departure can be released depends on whether her resignation was forced (a 'constructive termination') or voluntary. If…
Can a St. John the Baptist Parish housing authority commissioner serve on the parish Democratic executive committee?
Yes under the dual-officeholding law the attorney general examined. Although the party committee members are elected, Louisiana's definition of elective office excludes a political party office, so…
Can Alexandria's development authority grant money to help a company lease a facility outside the city?
Not on the facts presented. The attorney general said the Greater Alexandria Economic Development Authority could not grant $360,000 toward a company's lease outside its boundaries when the proposed…
Can Arkansas release a fired forensic chemist's termination letters and personnel records, and what personal information must be redacted before disclosure?
The AG found the custodian's planned release of this former crime lab chemist's termination letters and other records consistent with Arkansas FOIA, with specified personal information redacted.…
Can a full-time Lafayette Parish sheriff's employee serve on the Lafayette City Council?
Yes, under the Louisiana dual-officeholding law the attorney general considered. The sheriff's office and city council were separate political subdivisions, and the City Council was not the parish…
When a Delaware municipality holds a 'special meeting' less than seven days after deciding to schedule it, what does the agenda have to say about why notice came late?
It must explain why seven days' notice could not be given. The Village of Arden's Advisory Committee scheduled a February 13, 2024 special meeting on January 31. The notice and agenda were posted on…
When can an Arkansas city release records about a police officer's termination, including the termination letter, written reprimands, and internal affairs files?
The AG found a termination letter withheld properly because the officer’s grievance was pending. One reprimand likely amounted to a suspension, but its administrative finality was unknown; the other…
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.