State AG Opinions
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If a Delaware city blows the 15-day FOIA deadline but eventually answers, can the AG still find a violation, or does the late response moot the petition?
The AG declared the petition moot. Wilmington had told Mr. Bittle within 15 business days that it needed more time, but it failed to give one of the statutory reasons (voluminous records, legal…
Can a former Little Rock city employee block release of his termination records under the Arkansas FOIA?
The AG had not seen the records and could not decide whether any particular document should be released. She found the custodian's stated redaction decision consistent with the FOIA. The stated…
Can a mayor sit in on an Arkansas Civil Service Commission executive session about the fire chief?
Yes. Where the mayor is the fire chief's immediate supervisor, the mayor may attend an executive session of the city's Civil Service Commission at the Commission's request, provided the session is…
Can a Mississippi Highway Patrol officer use radar and ticket on city streets in larger Mississippi cities, and what other traffic offenses can they enforce?
Yes, after a 2021 statutory change. Senate Bill 2788 (2020 Regular Session, effective July 1, 2021) removed the prohibition that previously barred MS Highway Patrol from setting up radar in cities…
Can a former Arkansas State Police trooper block release of his personnel and evaluation records in response to a FOIA request?
The AG had not seen the records and could not decide whether each one could be released. She said a general privacy objection would not ordinarily justify withholding otherwise releasable records,…
Are farm utility vehicles and utility vehicles considered ATVs under Virginia law, so they can use public highways under the farming-activities exception in § 46.2-915.1?
It depends on the vehicle. A farm utility vehicle or utility vehicle is also an 'all-terrain vehicle' under Virginia law if it has three or more wheels (and the other ATV elements are satisfied).…
Can the Williamsburg Tourism Council exercise powers listed in its bylaws when the statute that created it doesn't expressly grant those powers, and can it sit inside the Greater Williamsburg Chamber and Tourism Alliance?
Yes, the Tourism Council may exercise the powers in its bylaws as long as those powers do not conflict with § 58.1-603.2 (or other state law) and reasonably serve the tourism-promotion purpose the…
Must Virginia's DEQ consider environmental justice when deciding whether to permit a new landfill?
Yes. The Environmental Justice Act is self-executing and imposes enforceable duties. The DEQ Director must ensure that 'environmental justice' (fair treatment and meaningful involvement of affected…
Could DelDOT deny a Tesla-related FOIA request that mirrored a litigant’s discovery request in a dealer-license dispute?
On this record, yes. The AG found no FOIA violation because McKersie’s request mirrored an earlier request by Tesla’s consultant and Tesla counsel’s discovery request, and the records pertained to…
Can a Mississippi county board waive the 10% penalty for failure to file a personal property tax rendition if the taxpayer paid the back taxes once they learned of the mistake?
No, with a narrow exception. The 10% penalty under Section 27-35-45 for failure to file a personal property tax rendition is mandatory; neither the board nor the assessor can waive or forgive it.…
Can a Mississippi city spend public money to promote a non-binding referendum's outcome the city wants?
No. The 2021 opinion concluded that the City of Diamondhead may not lawfully expend municipal funds to promote non-binding referenda where the promotion is meant to influence the outcome. The…
Can the federal government legally require COVID-19 vaccinations for businesses with one hundred or more employees?
The AG declined to issue an opinion. The legality of the federal COVID-19 vaccine mandate for businesses with 100 or more employees was already being litigated, with multiple cases consolidated…
Can a Mississippi city license its logo to a private company in exchange for fees per customer the company signs up?
A Mississippi city has authority under home rule to enter a non-exclusive agreement letting a private company use city branding in exchange for payment, but only if it serves a proper municipal…
Can a Mississippi district attorney investigate and rule on the merits of misdemeanor affidavits filed in justice court?
No. The 2021 opinion concluded that Mississippi district attorneys do not have authority to investigate and make merits findings on misdemeanor affidavits filed in justice court. That authority…
When does a Mississippi justice court lose jurisdiction over a felony case it has been handling preliminarily?
A Mississippi justice court loses jurisdiction over a felony charge when the defendant is bound over to the grand jury or waives the preliminary hearing. Until then, the justice court keeps…
When a New York village voter selects the same person for two incompatible offices on one ballot (printed for one, write-in for the other), how should the votes be counted?
Both votes should be counted as blank for those two offices. Treating the ballot as ambiguous follows Election Law § 9-112(6) and avoids letting one person become a candidate for two incompatible…
Can a Mississippi county pay for or reimburse a county supervisor's home internet service so they can do county business from home?
Conditionally yes. The 2021 opinion concluded that a Mississippi county cannot pay for or reimburse a supervisor's home broadband unless the board finds, consistent with the facts and entered on the…
What population threshold determines whether a Mississippi city must appoint a municipal judge who lives in the same county?
Once finalized and official, the 2020 census figures are the latest available federal census; until then, 2010 controls. Cities with at least 20,000 residents must appoint an attorney who is a…
Is Mississippi's law requiring county election commissioners to pass a skills test after election unconstitutional under Article 12, Section 250?
Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction holds otherwise. The AG declined to opine on whether Section 23-15-213(1)'s…
Where does an Arkansas circuit judge get the power to declare a state law unenforceable beyond the boundaries of that judge's own judicial district?
The AG declined to issue an opinion. The exact question, whether an Arkansas circuit judge can declare a law unenforceable outside the judge's own judicial district, was already pending in McClane…
In Arkansas, can a doctor refuse to treat patients who are not vaccinated against COVID-19 and claim conscience protection under the Medical Ethics and Diversity Act?
No. The Arkansas Medical Ethics and Diversity Act protects a healthcare practitioner's right to refuse a particular service that violates conscience, not a refusal based on patient characteristics.…
Does a Delaware FOIA coordinator's typo on a response email count as a FOIA violation?
No. The AG concluded Christina School District did not violate FOIA when its coordinator mistakenly addressed the response email to herself within the 15-day window, then promptly corrected the…
Can a foreign exchange student at a South Carolina charter school join a public high school team?
The Attorney General concluded that the cited equal-access statutes did not authorize that student to participate on the public high school team. It read the charter-school provision as applying to…
When Virginia moved municipal elections from May to November under S.B. 1157, what happens to the mayor of Staunton (chosen by the city council, not the voters)? Can the council shift the mayoral election to January 2023, and does the current mayor stay in office until then?
Yes on both. Staunton City Council must shift its council-elected mayoral selection from July 1, 2022 to the council's first meeting in January 2023 because of S.B. 1157's move of municipal…
After Virginia abolished the death penalty in 2021, what happens to the two inmates already on death row? Does the Department of Corrections automatically convert their sentences to life, or does a court have to act?
The Virginia Department of Corrections is required to administratively recalculate the sentences of the two remaining death-row inmates to life imprisonment. The 2021 statute abolishing the death…
Can a Kentucky urban-county government create a hotel-only special assessment district with non-adjacent properties?
Yes. The Attorney General concluded that the Lexington-Fayette Urban County Government may establish an industry-specific 'hotel only' management district under KRS 91.752, even if the hotels in the…
Can a Virginia Governor unilaterally suspend, delay, or alter the Commonwealth's tax laws without the General Assembly approving it?
No. The Virginia Constitution vests the taxing power in the General Assembly. Without specific authority from the legislature (statute or law's enactment clause), the Governor cannot suspend, delay,…
In a Mississippi code-charter city, can the mayor issue an ordinance, and can the board of aldermen override one if he does?
Under § 21-3-15, the board of aldermen exclusively adopts city ordinances, including resolutions and orders. A mayoral attempt to issue an ordinance under that section is invalid. Mayors may issue…
Can a city release a former firefighter's suspension letter, termination notice, and supporting investigation records under FOIA, and does the AG decide whether medical information should be redacted?
The AG could not say Cabot's decision to release the suspension letter, termination notice, and supporting documents was inconsistent with FOIA. They were employee-evaluation records; the first…
Can a Texas county judge keep renewing a local disaster declaration without the commissioners court's consent?
The AG's view: no, not past the first week. A county attorney asked five questions about a county judge's power under Government Code section 418.108 to declare a local disaster. The AG concluded…
Can Delaware voters use FOIA to inspect voted ballots and election-result records during the 22-month storage period?
The AG found no FOIA violation in the Department's denial of a broad 2020 election-records request. It relied on 15 Del. C. § 4980, which requires voted ballots and documentation extracted from…
Can a Mississippi school superintendent close schools without first getting approval from the school board, even in an emergency?
No. The 2021 opinion concluded that a Mississippi school superintendent cannot close schools without first being authorized by the school board. The closure statutes (Sections 37-13-64 for weather…
Can a South Carolina delinquent-tax sale require bidders to register in advance?
The Attorney General said state law did not categorically prohibit a delinquent-tax collector from adopting preregistration. A particular policy could still violate the public-auction requirement if…
Can a South Carolina town require mayoral candidates to have lived there for six months?
The Attorney General said a court could find Latta’s six-month rule contrary to state law. The office could not invalidate the ordinance itself, and it read state law as imposing a thirty-day…
Can a Texas judge refuse a bail bondsman's affidavit to surrender (go off) a defendant's bond?
The AG's view: no. A county attorney asked whether a court has discretion to refuse a surety's affidavit to surrender a bond principal and to make the bondsman show cause first. The practice, called…
Does a Texas county have to rebid a county facility management contract before renewing or extending it?
The AG's view: not if the contract rests on the county's chapter 319 authority. The Midland County Attorney asked whether a county must follow the competitive procedures of Local Government Code…
Can a Texas county give or sell its county school land to the local school district?
The AG's view: a county cannot give it away, can sell it at fair market value, but the district cannot buy it just as an investment. The Reagan County Attorney asked whether the county could…
Can a South Carolina HOA hold a Zoom member meeting and mute all homeowners?
The Attorney General gave no blanket answer on remote meetings or muting. It said boards may set reasonable procedures, and meetings generally should facilitate member participation.
Can a South Carolina county send voters to fire stations for fire district commissioner elections?
The Attorney General said a court would likely find that county election boards cannot assign different polling places solely for fire district commission elections under the circumstances…
Can a Maryland commissioner county set its own definition of 'newspaper' for legal notices?
Maryland's Attorney General advised that St. Mary's County, a commissioner county, cannot change the state-law definition of 'newspaper' (in General Provisions Section 1-113) for legal notices…
When did four acts passed after the 93rd General Assembly’s extended recess take effect after their emergency clauses failed?
January 14, 2022. For these four acts, the AG counted from the 93rd General Assembly’s October 15, 2021 sine die adjournment after its extended recess. Amendment 7 also quotes a separate…
If a journalist is investigating how a Delaware city's tow contractor handles impounded cars, can the city deny her FOIA request because a federal civil rights lawsuit on the same topic was filed yesterday?
Yes. Amanda Fries of The News Journal asked Wilmington for impound and sale records covering 2016-2021. The day before her requests, the City was served with a federal civil rights lawsuit alleging…
Which of the new misdemeanor crimes the Georgia legislature created in 2021 should require fingerprinting at arrest?
The AG designated 8 of the 11 reviewed 2021 misdemeanors as fingerprintable: promoting illegal drag racing/laying drags, both forms of non-consensual transmission/posting of nude or sexually…
Can a county use circuit court automation funds to pay the salary of a sheriff's office employee who collects fines, or a circuit clerk's office employee, when neither works on courtroom technology?
The fund must be used solely for circuit-court-related technology. Paying county employees whose duties have no connection to that technology would appear improper. The AG could not definitively…
Can a Florida county that collects under $10 million in tourist development tax revenue spend that money on design and engineering studies for a multi-use trail?
No. The AG concluded that section 125.0104(5)(b), which lets smaller counties spend TDT money to "construct" trails and similar projects, does not include design, engineering, or project development…
Can the executive director or another employee of a California charter school also serve on the county board of education that oversees their school?
No. Education Code section 1006 bars a charter school employee from serving on the county board of education with jurisdiction over that school. Government Code section 1099 also bars dual service…
How long are the terms of office for a Texas conservation district's board of directors?
Four years, by statute. The Chambers County Auditor asked whether the Trinity Bay Conservation District board could change its directors' terms from two years to four. The 1949 special law that…
Did a South Carolina budget proviso override the law setting county magistrates’ pay?
The Attorney General did not find a direct conflict between the magistrate-pay statute and the 2021–22 budget proviso. It said a court must resolve the proviso’s constitutional validity; if a court…
Can someone simultaneously serve on a California county board of education and a city council within the same county?
There are substantial questions, the AG concluded, and granted Melissa Louden leave to sue Tim Shaw in quo warranto. Multiple potential clashes (school site location, eminent domain, school district…
If a Mississippi statute lets the police mail notice for unpaid traffic fines but a Supreme Court rule requires personal service, which one wins?
The court rule controls. The AG said a defendant must be personally served under Mississippi Rule of Criminal Procedure 26.6(d) when it conflicts with § 63-1-53(1)'s mailed-notice procedure for…
Can a Mississippi county board of supervisors give just one hour of notice for a special meeting under the Open Meetings Act, or do they have to follow the longer five-day requirement in the supervisors' statute?
No. The 2021 opinion concluded that the one-hour posting under Section 25-41-13(1) is supplemental to, not a substitute for, the five-day publication required by Section 19-3-19. Boards of…
Are first responders who die from COVID-19 contracted on duty eligible for Mississippi's $100,000 line-of-duty death benefit?
Yes. The 2021 opinion concluded that COVID-19 deaths fall within the 'covered cause of death' definition in Mississippi's first responder death-benefits statute (Section 45-2-1). The Mississippi…
If a Mississippi city employee's brother gets elected to the city council, can the employee still be promoted, and can a board fix a nepotism mistake with a nunc pro tunc minute entry?
No to promotion, generally. Mississippi's nepotism statute (Section 25-1-53) lets an employee keep an existing covered position when a relative becomes the appointing authority, but does not let the…
If I bought a house in Idaho in July, do I get the full homestead property-tax exemption for that year, or only a prorated half?
Based on this opinion, a homeowner can apply for the homestead exemption at any time during the year and receive the full exemption, there is no statutory basis for prorating it. Verify current law…
Can a city withhold all the records from a police promotion file by classifying them as job-performance records, or do parts of that file have to be released under FOIA?
Mostly consistent with FOIA. Sherwood properly withheld letters of recommendation as job-performance records of the candidates being recommended. But resumes, physical fitness records, and the…
When a former police officer's personnel file is requested under FOIA, can the city release the suspension review along with redacted records, and which items must stay private?
The Employee Conduct Review could be released, but the five Facebook posts could not. The AG said the three Performance records likely did not support the suspension; if that was true, they could…
Can a city release the termination letter of a former firefighter under Arkansas FOIA when the letter explains why he was fired?
The AG agreed that the Cabot firefighter’s termination notice was an evaluation record. The first three disclosure conditions seemed clear; the described policy violations likely supplied a…
Could Coastal Stewards Delaware petition over a DelDOT denial when Jeffrey Smith filed the records request only in his own name?
No. Smith requested DelDOT records individually, without mentioning Coastal Stewards Delaware, but the later petition was filed solely for that group. The AG said only the party denied records could…
What information does a Delaware FOIA coordinator have to record about every FOIA request the agency receives?
Yes, a violation. The AG ruled the Delaware Auditor of Accounts (AOA) failed for over three years and across two administrations to maintain FOIA logs containing all the information § 10003(g)(3)…
Can South Carolina C-funds pave a public road to a county administration building?
The Attorney General said the described paving likely served a public purpose, but C-funds also had to advance an approved countywide transportation plan. Only a court could determine whether this…
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