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Did a Washington divorce order for future child support or maintenance count as a judgment in 1979?
The Attorney General said yes. Temporary support orders and final dissolution decrees calling for future payments were judgments for entry in the county execution docket and could support a…
Could a Washington school district outsource all lunchroom operations to a food-service contractor in 1979?
The Attorney General said no under the statute then in force. A private contractor could prepare and serve food, but the district could not assign purchasing, money collection, tax returns, and…
Could a Washington public college host political forums, conventions, and campaign activity on campus in 1979?
The Attorney General allowed nondiscriminatory candidate forums, properly rented party conventions, and student-sponsored issue meetings. It allowed personally handed campaign literature on the…
When a doctor writes standing orders telling a nurse to give certain medications under specified conditions, can the nurse legally carry them out? And does it make a difference whether the medications are controlled substances?
Under this 1979 opinion, a registered nurse approved by the Board of Medical Examiners to perform medical acts could carry out a physician's standing orders. Even an approved nurse could not carry…
The City of Raleigh made a $12,500 appropriation to the Raleigh-Durham Airport Authority and conditioned the grant on the Authority signing a nondiscrimination agreement. Can a city use a funding appropriation to impose policy conditions on a separately governed regional airport authority?
No. The 1979 AG concluded that the Raleigh-Durham Airport Authority was created by Chapter 168 of the 1939 Session Laws as a quasi-municipal corporation governed by directors appointed by the cities…
Does someone need a North Carolina general contractor's license if they're an employee of the owner who manages a construction project worth more than $30,000?
Yes, if the employee has overall supervision and control of the project. The 1979 AG concluded that an employee of an owner who has overall authority and control of a $30,000-or-more construction…
When a sheriff is told to enforce a court judgment against someone who owes money, how hard does the sheriff have to look for the debtor's property before reporting back to the court that the debtor has nothing to seize?
The sheriff must use due diligence to locate the debtor's property. A general report of insolvency does not excuse a search: the opinion calls for reasonable inquiry and says the sheriff's other…
Who decides who gets a key to the register of deeds' office, the register of deeds or the county board of commissioners?
The register of deeds. The 1979 AG concluded that even though G.S. 153A-169 makes the board of county commissioners responsible for supervising the maintenance, repair, and use of county property…
When the North Carolina Child Support Enforcement Program is trying to locate a parent who has abandoned and deserted children, can it force a state, county, or city agency to hand over otherwise confidential personnel records about that parent, even though state personnel records statutes normally prohibit releasing them for use in a criminal prosecution like criminal nonsupport?
Yes. The 1979 AG concluded that G.S. 110-139, the parent locator confidentiality override enacted in 1975, supersedes the State, county, and city personnel-confidentiality statutes (G.S. 126-24(5),…
Could a Washington county bypass city bidding rules when running a joint solid-waste system in 1979?
The Attorney General said no. As administrator and agent for participating cities, the county had to follow their applicable bidding requirements; for certain hauling contracts, it also had to bid…
Could a Washington legislator be arrested for a traffic misdemeanor while the legislature was in session in 1979?
The Attorney General said yes. It interpreted the constitutional arrest privilege as limited to civil arrest and concluded that a legislator could be arrested for a criminal traffic offense at any…
When South Dakota's psychology licensing law sunsets on July 1, 1979 and the Board of Examiners of Psychologists ceases to exist, can the Board's leftover funds be used to hold continuing education workshops for licensed psychologists, or must the money revert to the state general fund?
Must revert to general fund. SDCL chapter 36-27 authorized the Board to set continuing-education requirements (SDCL 36-27-33) but not to provide free CE or sponsor workshops. Implied powers don't…
Could a Washington juvenile court order diversion after the prosecutor properly filed charges in 1978?
No. The AG read the new juvenile justice law as assigning the diversion decision to the prosecutor before filing. A court could check whether the case was properly before it, but had no independent…
If the State of North Carolina (through the Wanchese Harbor Commission or a successor) operates water and sewage facilities at the Wanchese Industrial Park and bills tenants and outside hookups, does the State need a certificate from the Utilities Commission to do that?
No. The 1978 AG concluded that the Utilities Commission's regulatory authority under Chapter 62 only reaches entities that meet the statutory definition of 'public utility' in N.C.G.S. § 62-3(23),…
Under the 1978 North Carolina wage-payment law, could an employer deduct a cash register or merchandise shortage from wages, or base a bonus on the absence of shortages?
No. The 1978 AG said cash and merchandise shortage deductions violated the Uniform Wage Payment Law, even with a private agreement. It also found a wage formula unlawful if shortages caused…
Did a Washington tax district need 60 percent voter approval to exceed the 1978 property-tax levy growth limit?
The AG said a simple majority sufficed to exceed the chapter 84.55 growth limit while staying within other applicable rate caps. A proposal that also exceeded the separate constitutional and…
Can a defense lawyer or a member of the public demand copies of the chemical test operator's log, breathalyzer rights form (HP-332A), or alcoholic influence report (HP-327) from a North Carolina law enforcement agency under the public records law?
No, while held by the law enforcement agency. The 1978 AG concluded all five categories of breathalyzer-related records (chemical test operator's log, HP-332A rights form, HP-327 alcoholic influence…
If a town council member or county commissioner owns stock in a corporation, or serves as an officer of that corporation, can the town or county lawfully enter into a contract with the corporation?
The 1978 AG said a public officer who owns stock in, or serves as an officer of, a corporation cannot have that corporation contract with the public body of which the officer is a member. The…
Are the Highway Patrol's copies of a North Carolina Uniform Traffic Ticket (the District First Sergeant's transmittal copy and the issuing officer's enforcement copy with notes) public records that any member of the public can inspect, either before or after the trial of the offense?
No on all three counts. The District First Sergeant is a temporary conduit, not a 'custodian' of public records under § 132-2, and the public can get the same information from the clerk of court or…
When a North Carolina criminal court finds that a defendant lacks the mental capacity to proceed with trial and orders involuntary civil commitment proceedings under G.S. 15A-1003(a), is the defendant required to first be examined by a qualified physician at one of the facilities described in G.S. 122-58.4, or can a law enforcement officer skip that local-physician step and take the defendant directly to a regional state psychiatric hospital?
The local physician examination is required. The 1978 AG concluded that under G.S. 15A-1003(a) and the related involuntary commitment statutes, a defendant found incapable of proceeding with trial…
When someone serving a sentence in a state prison becomes mentally ill and dangerous to himself or others, who is the person responsible for filing the petition to involuntarily commit him to a mental health treatment facility?
Only a staff psychiatrist at the prison. The 1978 AG concluded that G.S. 122-85, which specifically addresses involuntary commitment of prisoners, overrode the general rule in G.S. 122-58.3 that any…
Could Washington state employees use payroll deductions for voluntary union political contributions in 1978?
The AG said no existing state statute authorized a separate payroll deduction for those voluntary contributions. The federal campaign law allowed some lawful deduction arrangements but did not…
Could Washington liquor regulators or a city require a licensed restaurant to serve drinks only with food at a table in 1978?
The AG said neither the state liquor board nor a city could impose that condition under then-existing law because it conflicted with the liquor code’s treatment of restaurant licenses and standing…
When deciding whether a child-care arrangement is big enough that it has to be licensed as a day-care facility, do you count kids who are there for only a few hours after school? And does the exclusion for relatives caring for children only cover parents and grandparents, or does it also cover great-aunts and other relatives?
Don't count the short-stay kids; do count the kids with non-grandparent relatives. The 1978 AG concluded that because violating the day-care licensing requirement is a criminal offense (G.S. 110-103…
When North Carolina adds new required immunizations (like red measles or rubella) to its school-entry rules, do all children currently in school have to catch up, or only kids enrolling for the first time after the new rule took effect? And if a school district let an unimmunized child stay past the 30-day grace period by mistake, can the school still exclude that child later?
Under this 1978 opinion, each new immunization requirement applied to children first enrolling in North Carolina schools after its effective date. Schools could enforce the exclusion duty after the…
After a district court judge has involuntarily committed someone to a state mental hospital under Article 5A of Chapter 122, does the Department of Human Resources need a new court order to move the patient to a private hospital later, or can the Department transfer the patient on its own?
On its own. The 1978 AG concluded that G.S. 122-80 authorized the Department of Human Resources to order a transfer from a state hospital to a licensed private hospital without going back to court…
Can a local Board of Realtors, which is a private trade association, require a licensed real estate agent to first join the Board (and pay Board membership fees) before that agent can apply for access to the multiple listing service that the Board operates?
No, if the MLS is an essential competitive tool. The 1978 AG concluded that real estate brokering is a 'trade' within both federal and state antitrust law, and that conditioning MLS access on Board…
Would Washington’s proposed 1978 bans on drug paraphernalia sales and possession satisfy due process?
The AG concluded the two draft bills probably would not. Their definitions gave inadequate notice of which dual-use items were covered, and neither made unlawful intent a necessary element of sale…
If a will has a self-proving affidavit certificate signed by the testator and the witnesses, but no separate attestation by the witnesses, can the clerk admit the will to probate? And if not, can the witnesses come back into court later and attest the will so it can be probated?
No to both. The 1978 AG concluded that the self-proving certificate under N.C.G.S. § 31-11.6 was an alternative method of proving an already-attested will, not a substitute for the underlying…
In North Carolina, when a chiropractor's patient was previously imaged at a public hospital, can the chiropractor get access to those existing diagnostic X-rays for treatment, or does the hospital get to refuse and force the chiropractor to take new images?
The chiropractor can review the existing X-rays. After the 1977 amendment to G.S. § 90-153, a licensed chiropractor has the right of access to a patient's diagnostic X-ray records and laboratory…
Can a South Dakota county levy property tax on real estate belonging to a duly organized historical municipality?
No. Article XI, section 5 of the South Dakota Constitution makes municipal corporation property exempt from taxation, and that exemption is self-executing per Appeal of Black Hills Industrial…
If a hospital or other health provider has already started building or developing a new health service before North Carolina's new Certificate of Need law was ratified in mid-1978, but the project will not be finished by the January 1, 1979 effective date, does the provider have to go back and get a Certificate of Need from the state to keep going?
No, the AG concluded, if the provider had already 'proceeded with development' before the Act was ratified on June 16, 1978. The Act applies to new institutional health service projects, but reading…
Did Washington law require deferred-prosecution records to be sealed or destroyed after removal from a court file in 1978?
No. The AG said the deferred-prosecution statute required removal from the special court file, but neither sealing nor destruction. Other disclosure rules or a case-specific court order could limit…
How did Washington’s 1978 primary rules apply to district court judge elections?
The AG said a primary was required even with one candidate. In a contested primary, the top two advanced despite a candidate winning a majority; no cited vote-percentage threshold, alphabetical…
Was a Washington farm’s current-use assessment automatically wrong if it exceeded market-use value in 1978?
No. The AG said the unusual comparison called for inquiry, but either appraisal might be correct or one might be miscalculated. An owner could request removal from current-use classification; the…
Could a Washington fire district appoint a commissioner’s spouse as paid secretary in 1978?
The AG said yes under the statutes it considered. The secretary was a public officer, so the appointment did not create the employment contract addressed by the conflict statute; the spouse’s…
Can a North Carolina city and the county it sits in enter into an interlocal cooperation agreement under which the city designates the county tax collector to also serve as the city tax collector, consolidating tax collection duties for both governments?
Yes. The 1978 AG concluded that under Article 20 of Chapter 160A (Interlocal Cooperation), a city and county can contract for one to perform the tax collection function of the other. G.S. 160A-460…
Can a South Dakota county build an addition to the county 4-H building if the sole purpose of the addition is to rent space to federal agencies (ASCS, Soil Conservation Service, Farmers Home Administration)?
No for Moody County's proposed solo construction. The AG distinguished an earlier opinion permitting rental of existing courthouse space from building an addition solely to rent to federal agencies.…
If a binding-arbitration ruling under South Dakota's public-employee grievance statute says a school board violated its own evaluation policy by under-evaluating a probationary teacher, can the arbitrator order the board to hire that teacher for another year? And when exactly does a probationary teacher gain continuing-contract protection?
No on the arbitration question: only the school board, not the labor commissioner, can decide whether to hire or rehire. And under the SD Supreme Court's reading of the continuing-contract statute,…
If a North Carolina county or city passes a floodplain ordinance, does it apply to the State of North Carolina when the State builds something on State-owned land inside that county or city?
It depends on the source of the ordinance. The 1978 AG concluded that floodplain ordinances enacted under the general local zoning statutes (Chapter 153A, Art. 18, Part 3 for counties; Chapter 160A,…
Could Washington school districts draw supplies from a joint purchasing agency without bidding again in 1978?
Yes, if the district-created agency had complied with the school bidding statute when buying its inventory. The AG also allowed educational purchases for private schools under stated conditions;…
Could a Washington city council appoint a replacement before a member’s future resignation took effect in 1978?
No. The AG said a code city using the mayor-council plan had no vacancy to fill until the resignation’s effective date. An earlier appointment had no binding effect; the AG did not reach whether the…
How did Washington calculate school compensation-increase funding when a district’s staff changed in 1977–78?
The AG said the district’s actual 1976–77 average set its funding category and base, while its actual 1977–78 average did not determine the allocation. The money still had to fund actual…
Can a North Carolina corporation legally spend money to take a public position for or against a question on the ballot, like a bond referendum or a school referendum, when the state's election statutes broadly prohibit corporate expenditures 'for any political purpose whatsoever'?
Yes. The 1978 AG concluded that the First Amendment, as explained by the U.S. Supreme Court in First National Bank of Boston v. Bellotti (decided April 26, 1978), protects a corporation's right to…
Could a Washington county lower a voter-approved transit sales tax and later raise it without another vote in 1978?
Yes, for a county covered by the 1975 savings clause. The AG said it could lower the rate and later restore it without another vote, so long as the restored rate did not exceed the maximum voters…
Could a Washington county commissioner sell land to the county housing authority in 1978?
The AG said the sale alone did not violate the conflict statutes because the housing authority was an independent body whose contracts the commissioner did not ordinarily supervise. The answer…
If a customer pays a North Carolina retail merchant with a check that bounces, can the merchant tack on a $5 (or similar) service fee for processing the returned check? And if so, can a collection agency that takes over the account collect that service fee from the customer?
Under certain circumstances yes for the merchant; only with an express agreement yes for the collection agency. The 1978 AG concluded: (1) G.S. 6-21.3 authorizes a $5 court-cost recovery only after…
Could Washington urban arterial funds improve a city street that was also a state highway in 1978?
Yes, if the city requested funds and the project met the urban arterial priority requirements. The AG said the fund could not pay to build state highways outside incorporated cities or towns.
Could a Washington county use its road fund for a bike path on city property in 1978?
Yes, under the facts the AG considered. The 1974 amendment allowed county road money for bicycle paths without requiring the path to adjoin a county road, and the proposed city path was expected to…
Did Washington public works procedures apply to port district construction projects in 1978?
Yes. The AG concluded that port districts fell within chapter 39.04 RCW’s definition of municipality and therefore had to follow its public works procedures. Whether a particular project required…
After the U.S. Supreme Court's April 1978 *Bellotti* decision struck down Massachusetts's ban on corporate spending in ballot-question campaigns, is South Dakota's parallel statute (SDCL 12-25-2) still enforceable? Should the South Dakota AG wait for a state court to invalidate it, or should the AG declare it unenforceable now?
Not enforceable, and the AG must say so now. Bellotti held that the First Amendment protects corporate speech on ballot questions; SDCL 12-25-2 banned that same speech and so cannot be enforced. The…
Could a Washington utility guarantee a customer’s insulation purchase or sell insulation on installments in 1978?
The AG said a city or PUD could not guarantee payment to a private supplier because that lent municipal credit. Assuming authority for an ordinary utility sale, its own installment sale of…
Could one person be both mayor of a Washington town and commissioner of its encompassing port district?
The AG said no under the common-law incompatible-offices doctrine. Town zoning and building rules governed port property, while the mayor participated in making those rules. The officeholder could…
Which Washington law covered missing court after release on personal recognizance in 1978?
The AG said the new bail-jumping statute covered failure to appear after a court-ordered recognizance release, impliedly superseding the earlier statute. It preserved the earlier law for violations…
Could a Washington school district lease surplus buildings to a business or religious school in 1978?
The AG said a district could lease genuinely surplus property to private or public tenants if school use was protected and some rent was paid. Private tenants had to provide fair value and cover…
Could a Washington nonprofit run a casino-style fundraising event without a gambling license in 1978?
The AG said no. A narrow exemption allowed certain nonprofits to hold bingo, raffles and amusement games without a license under specified conditions, but the separate statutory “fund-raising event”…
Did raises for active Washington police or firefighters increase a Plan I member’s disability allowance in 1978?
The AG said no. The disability-leave allowance remained tied to the member’s own salary when leave began, and the later disability-retirement allowance used that same salary base rather than…
Could a Washington city remove the paid floating holiday for municipal employees after the 1977 amendment?
The 1978 AG said local employees had the statutory floating holiday when no applicable contract, ordinance or resolution excluded it. The 1977 amendment allowed an applicable local measure to remove…
Did Washington’s building code govern federal Bonneville Power Administration buildings in Adams County in 1978?
The AG said the state building code did not, by its own terms, cover the federal agency’s construction. The statute’s reference to governmental subdivisions meant subdivisions of Washington state,…
Could a Washington fire district assign a paid firefighter to ride in a private ambulance?
The Attorney General concluded that the fire district lacked statutory authority to supply a paid firefighter to help operate a privately owned ambulance. It therefore did not answer the separate…
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