State AG Opinions
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Can a Virginia local electoral board buy and install third-party software (like 'Ballot Verifier') that scans ballots and posts ballot images and cast vote records online for the public to inspect?
No. Attorney General Jay Jones concluded that local electoral boards have no statutory authority to add software to their voting systems without State Board of Elections approval, and the…
Can the South Carolina Department of Juvenile Justice charge counties a $50 per-day fee for keeping juveniles in custody after they have been adjudicated and committed?
No. The AG concluded that DJJ's per-diem authority under Section 63-19-360(4) is limited to pre-adjudication detention. Once a juvenile has been adjudicated and committed, the State must bear the…
Does Florida's law on selling or leasing municipal hospitals (§ 155.40) apply when a city transfers hospital assets to a state university?
No. Section 155.40 only governs sales or leases of municipal hospitals to for-profit or not-for-profit Florida entities. A state university is a state agency, a governmental entity, and is not a…
When a Washington juvenile court clerk gets a request from the Office of Public Defense or the Office of Civil Legal Aid for dependency or termination case records, does the clerk have to provide them, and can the clerk require those agencies to file a notice of appearance first?
Yes to providing the records, no to the notice-of-appearance requirement. The Washington AG concluded that RCW 13.50.010(13) and (14) obligate court clerks (as the actual custodians of court…
Can a Delaware citizen get body-camera footage, dash-cam video, and police reports from a traffic incident the citizen was personally involved in once the investigation is closed?
The AG found no FOIA violation. Moore requested records of a traffic incident and possible other traffic stops. The AG found they concerned law enforcement encounters and were exempt as…
After Congress passed and the President signed a late disapproval resolution against DC's 2025 tax-conformity legislation, did DC taxpayers have to refile their 2025 returns under the older, less-favorable rules?
No. House Joint Resolution 142 (signed February 18, 2026) did not retroactively alter 2025 tax liabilities and did not repeal the underlying DC tax laws. Two reasons. First, the federal saving…
Are emails sent by a justice of the peace or other elected county official public records under Arkansas FOIA, who is the custodian, and how long must they be kept?
Generally, emails between public officials can be FOIA public records, but the custodian must evaluate each one by its content. The FOIA custodian is whoever has administrative control of the…
Does a Kansas county hospital board have to get its annual budget approved by the county commission even if it isn't asking for tax money?
Yes. The Attorney General concluded that a non-elected county hospital board must submit its proposed budget to the county commission for approval every year under K.S.A. 19-4607(c), even when the…
Can anyone (county collector, county court, or circuit court) waive the late penalty when a property tax payment arrives postmarked after October 15?
No. For payments neither received nor postmarked by October 15, the Attorney General said the statutory 10% delinquency penalty is mandatory: the collector cannot waive or reduce it, and neither…
Once a Delaware public body has invoked the pending-litigation FOIA exemption to refuse a request, can the requester get around the exemption by re-submitting essentially the same request with a different topic label?
Not entirely, but the public body still has to do work. Sussex County had previously denied an offshore-wind-related records request; the requester then filed a new request with the topic changed to…
If a Delaware public body's hybrid (in-person plus virtual) meeting cuts off a remote attendee in the middle of public comment, has the public body broken the open-meeting law?
The AG found a FOIA violation because the Committee supplied only unsworn statements about the disconnection during Amy Roe’s public comment. A technical problem does not itself invalidate a virtual…
Can a Virginia county that doesn't use a county-executive or county-manager form of government make homeowners retrofit existing outdoor lights to protect the night sky?
No for retrofits, yes for new development. Under Dillon's Rule, the only counties with express statutory authority to regulate residential exterior lighting are those operating under the…
If a property owner owes delinquent taxes that are a lien on the land, can a Virginia county treasurer override the locality's refusal to consider a rezoning or land-use application from that owner?
Yes. Attorney General Jay Jones concluded that the 2017 amendment to Va. Code § 15.2-2286(B) gives county and city treasurers binding authority to waive the unpaid-tax bar, and that authority…
Did Virginia's 1972-1973 overhaul of the district court system automatically repeal the parts of the Virginia Beach city charter that set up its own municipal courts and clerks?
Yes, mostly. Attorney General Jay Jones concluded that the comprehensive district court system created by Va. Code § 16.1-69.1 et seq. repealed any inconsistent municipal charter provisions,…
After a Pennsylvania ATV crash where a closer West Virginia EMS unit could have helped but couldn't because the two counties weren't bordering, can Morgan County (WV) sign a mutual-aid EMS agreement with Fulton County, Pennsylvania, even though they're separated by Maryland?
No, neither the Morgan County Commission nor the local EMS provider can sign that agreement. The relevant West Virginia statutes (Sections 7-1-3i, 15-5-9, and 16-4C-20) all require the out-of-state…
When does a servicemember's or military spouse's professional license become valid in Georgia after a military move?
Under the SCRA, a covered license is considered valid for its scope of practice in Georgia when the relocating servicemember or spouse submits the required application to the Georgia licensing…
If an associate district judge in Oklahoma resigns, is removed, or otherwise leaves office, can the presiding judge of the judicial administrative district appoint a special judge to fill in until the vacancy is permanently filled?
Yes. A special judge may be appointed to temporarily fill an associate-district-judge vacancy under 20 O.S. § 122(3), regardless of whether the cause is permanent (death, resignation, removal,…
Can a city council in Arkansas pass an ordinance the council had no legal power to pass, and if so, must the mayor still sign (authenticate) it? Can the council strip the mayor of authority to fire department heads?
Yes a council can pass an ultra vires ordinance, and the law treats it as 'de facto' (effective until a court strikes it down). The mayor still has to authenticate it: the authentication signature…
Why did the Missouri attorney general reject Jasmine Miller's 2026 initiative petition?
The attorney general rejected the petition because it failed to comply with the form requirements in Section 116.050. The opinion did not decide whether the proposal was sufficient as a matter of…
If an Oklahoma county jail inmate needs urgent medical care and the closest qualified hospital is across the state line, can the sheriff drive the inmate there, and can the sheriff be sued for choosing an in-state hospital instead?
No, the sheriff cannot drive the inmate across the state line. The sheriff's custodial authority ends at the Oklahoma border. Choosing an in-state hospital instead of a closer out-of-state hospital…
When a Delaware public body says it has no records responsive to a FOIA request but the requester sees evidence the records exist, what kind of evidence does the public body have to put forward to prove its search was adequate?
The public body must state under oath what it did to look for responsive records and what the search found, unless the request itself clearly seeks records outside FOIA. The AG found DIAA had not…
Can someone use a quo warranto lawsuit to remove a California school district superintendent who never had an administrative or teaching credential?
No, the Attorney General denied leave to sue. Education Code section 35029 lets a local school board waive credential requirements for the district superintendent (the 'chief administrative…
Can a prosecutor's office release a 'Brady list' spreadsheet of officer misconduct, plus emails from law enforcement about Brady issues, to a FOIA requester?
The AG approved releasing the three emails and releasing only those spreadsheet portions for which all four conditions for disclosure of employee-evaluation records were met. Portions concerning…
If a city or county gets a state report listing all businesses that remitted sales tax there, can a citizen FOIA that report? And can the city pass an ordinance keeping it secret?
Assuming the report contains only names of businesses that remitted sales and use taxes, the Attorney General concluded those names are exempt from FOIA under A.C.A. § 26-18-303. The custodian must…
Can Arkansas police arrest you for refusing to show ID outside of a traffic stop?
The Attorney General declined to answer. The same issue is on appeal in a Drew County criminal case (State v. White), and the AG's office does not opine on questions actively in litigation. Until a…
If a person held in a Texas county jail dies in a hospital or while on work release, does state law require an independent outside agency to investigate the death?
Government Code section 511.021(a) requires an outside investigation when a prisoner dies inside a county jail, not at a hospital or on work release. The AG said this reading does not necessarily…
Can a Mississippi sheriff also work a part-time job for a local school district?
A sheriff's school-district job does not violate separation of powers if it is in the executive branch or does not exercise core legislative or judicial powers. The AG does not classify any specific…
Can a Mississippi drainage district let a neighboring private landowner modify a public drainage ditch?
No. A drainage district has only the powers the statutes give it, and Mississippi law gives the district (not the adjoining landowner) exclusive control over its drainage ditches. Section 51-29-73…
Can a Tennessee PLLC mix and match health care professionals across the categories listed in § 48-249-1109(e)(1), like combining chiropractors with optometrists, or putting physicians, physician assistants, and advanced practice nurses all in one PLLC?
No. The five combinations listed in § 48-249-1109(e)(1) are pairs, not building blocks. Each pair (e.g., podiatrists + physicians) is allowed; cross-combinations across the lettered subdivisions are…
Can a Texas occupational licensing agency accept an applicant's sworn statement that they have no Social Security number, instead of an actual SSN?
No. Family Code section 231.302(c)(1) requires occupational licensing authorities to request, and each applicant to provide, the applicant's Social Security number. The AG concluded agencies cannot…
Is Kansas's in-state tuition law for immigrant students without lawful status still enforceable?
No, according to the opinion. The Attorney General concluded that K.S.A. 76-731a, which grants in-state tuition to certain students without lawful immigration status, conflicts with two federal…
If a West Virginia local police department uses an unmarked vehicle without tinted windows to run radar and pull people over for speeding, does the law banning unmarked-vehicle traffic stops apply?
No. West Virginia Code § 17C-15-36a only bars routine traffic stops by unmarked law-enforcement vehicles that are exempt from the window-tint rules, meaning vehicles with tinted windows that are…
I have a felony conviction from another state but a Virginia circuit court restored my firearm rights. Why won't the Virginia State Police let me buy a gun?
Because federal law (18 U.S.C. § 922(g)(1)) still prohibits you from possessing a firearm. A Virginia circuit court restoration order does not erase a federal disability that arises from an…
Does an Arkansas city have to release records showing how much comp time its employees have accrued, and can a city council member make that FOIA request?
Yes to both. Comp time records are 'personnel records' under FOIA, similar to salary, sick leave, and vacation records, and they are presumptively releasable. The city must redact narrow personal…
If voters reject a hospital district's proposed property tax increase, does the district's taxing law conflict with the Tax Code, and does the county have to take over indigent care?
No conflict, and no county takeover. A hospital district's authority to levy a property tax (up to 75 cents per $100) and the Tax Code's truth-in-taxation rule that lets voters reject a rate…
Does a Texas county have to make a contractor carry performance and payment bonds on a road or bridge project, or can the county waive that requirement?
It is mandatory, not optional. Under Government Code section 2253.021(a) (the McGregor Act), a county that signs a qualifying public work contract must require the prime contractor to execute a…
In Texas, when do pretrial bond conditions like a no-contact order actually become enforceable, and do they still apply after a defendant is rearrested?
Bond conditions become enforceable when the defendant actually posts (gives) the bond the magistrate ordered, not when an order is signed and not while the defendant is still in jail. And once the…
Can a police department release a FOIA-requested suspension report on three named officers when the officers themselves object?
For these three reports, yes. The Attorney General found that reports explaining the grounds for each suspension were evaluation records and that all four release conditions appeared met, including…
Does a Kentucky farmland owner have to live on the land to hunt or fish there without a license?
No. The Attorney General concluded that a bona fide owner of Kentucky farmland who is a resident of the Commonwealth does not have to live on the farmland to qualify for the hunting and fishing…
Can Arizona’s utility securitization law make financing charges irrevocable and limit court review?
Arizona may impose the law’s narrow court-review rules because the AG viewed them as substantive limits that do not abolish a protected damages claim. But A.R.S. §§ 40-608(D) and 40-610(A) are…
Can the Arkansas legislature pass a law merging Ouachita County's tax collector office into the county treasurer's office on January 1, 2026?
No. The AG said Act 447 cannot merge the tax collector and treasurer offices by statute. A quorum court may consolidate them only with approval by a majority voting on the question at a general…
Does Kansas have to pay ACT exam fees for students at a private school that isn't accredited by the state board?
No. The Attorney General concluded that K.S.A. 72-5179 only requires the Kansas State Board of Education to pay ACT and related exam fees for students at public schools or nonpublic schools…
Can a Kansas county use home rule to let commissioners appoint the county extension council instead of holding elections?
No. The Attorney General concluded that K.S.A. 2-611 requires county extension council members to be elected by county residents, and because that statute concerns elections, counties cannot use…
If a Delaware county says it has no more records about a property easement but I think there must be more, what does the county have to do to prove it really searched?
The county must show under oath what it did to look for responsive records and what the search found. New Castle County submitted affidavits from Public Works, Parks and Land Use staff describing…
Can I get Delaware State Police body camera footage of my own arrest after the case is closed?
The AG found no FOIA violation in DSP’s denial of James Eaves’s body camera request. The footage concerned a law enforcement encounter and was part of an investigatory file under § 10002(o)(3). That…
Can New Mexico's legislature give the State Chief Information Security Officer authority to set cybersecurity standards across all branches of government, including for judicial branch IT systems, without violating the separation of powers?
It depends on the substance of the standards. The legislature can constitutionally delegate authority to the executive to set cybersecurity standards. It can also condition use of executive-owned…
Can the Arkansas State Police release internal-affairs witness statements, transcripts of interviews, and personal emails from a state trooper's personnel file?
For this internal affairs file, the Attorney General found the four conditions for releasing evaluation records met: suspension, records forming a basis, apparent finality, and a compelling public…
Can a Texas county commissioners court rescind the county budget after it's approved and adopt a new one that strips an elected officer's salary increase?
No. There is no statute that lets a commissioners court wholly rescind a finally adopted county budget and replace it. And under the Local Government Code, the court can set or change an elected…
Under the Texas Open Meetings Act, does a home-rule city's charter decide what counts as a quorum, and can fewer than a quorum of council members meet privately to discuss city business?
A home-rule city's charter can define its own quorum for Open Meetings Act purposes, and that definition can include a mayor who only votes to break ties. A gathering of fewer than a quorum usually…
Can a Texas constable use automated speed cameras to mail out speeding tickets without an officer stopping the driver?
No. A constable lacks authority to use an automated traffic-enforcement system to issue speeding citations by mail. Constables only have powers the Constitution or statutes grant them, and the…
Do Kansas cities and counties have to honor ICE detainer requests and can local officers arrest people for immigration violations?
Yes to both. The Attorney General concluded that K.S.A. 12-16,140 and 12-16,141 require Kansas cities and counties to communicate and cooperate with ICE detainer requests, including holding a person…
Can the North Dakota Department of Health and Human Services refuse to release records it sent to the federal Centers for Medicare and Medicaid Services about a hospital complaint?
Yes. The AG concluded DHHS substantially complied with North Dakota's open records law by refusing to release the EMTALA complaint records, because the state's 1985 agreement with the federal HHS…
When Pulaski County releases a fired employee's file (termination form, incident report, screenshots of text messages), what redactions are required?
The text messages are personnel records (subject to release with privacy redactions). The termination form and incident report are evaluation records and require the four-part FOIA test…
In a South Dakota city with an aldermanic form of government, can the city council fire the City Administrator on its own, or does only the mayor have that power?
Only the mayor can. South Dakota law (SDCL 9-14-13) gives the mayor sole authority to remove officers the mayor has appointed. A city ordinance giving the council appointment or removal power…
When the Department of Corrections releases a corrections major's personnel file (timesheets, signed policies, PREA forms, employment records, training certificates), what redactions are required and which are improper?
Most redactions were consistent with FOIA, but the custodian must also redact an exposed AASIS personnel number. Leave-accrual hours should be disclosed unless another reason supports withholding…
Can a North Dakota county make a person sign an acknowledgment as a condition of receiving copies of public records?
No. The AG concluded the Ransom County Commission violated the open records law by requiring the requester to sign an acknowledgment of receipt before getting county-commission minutes. The law does…
When Pulaski County releases HR complaint records (exit interviews, employee complaints, HR responses, harassment investigation forms), how do you classify each piece, and what are the release rules?
The AG classified each email and form separately: routine HR replies and unsolicited complaint emails were personnel records, while an exit interview about a supervisor and some complaint materials…
When an employee files a Discrimination and Harassment Complaint form on a county template, is that an evaluation record (which can be withheld) or a personnel record (which must be released)?
It depends on the employer’s role in creating the particular form or memorandum. Directing its creation is sufficient for an evaluation-record classification, and a detailed employer template may…
Does Arkansas law require a person to show ID to a police officer before being charged with obstruction of governmental operations?
No. A.C.A. § 5-54-102 does not require a suspect to show identification before an officer may charge or ticket the suspect for obstructing governmental operations. Whether a charge has probable…
Why did Virginia AG Jay Jones withdraw his January 16, 2026 opinion (26-001) on firearm licensing and assault weapon bans, and what does the withdrawal mean for people who relied on the original opinion?
AG Jay Jones withdrew Opinion 26-001 because he concluded that an underlying historical assertion in that opinion (that no U.S. jurisdictions had historically required firearm purchase licensing)…
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