State AG Opinions

Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.

21,776 opinions and counting · 35 states and DC · Updated October 27, 2026
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AR

Can an Arkansas district judge issue a no-contact order at a bond hearing before the defendant is arraigned, and what penalty applies if it's violated?

A pre-arraignment no-contact order is enforceable through criminal contempt, a Class C misdemeanor. The Class A misdemeanor in Ark. Code Ann. § 16-85-714(d) applies to an order issued under that…

August 9, 2017
AR

Could the City of Little Rock pay accrued vacation and sick-leave time to district-court judges who became state district judges on January 1, 2017?

A city could pay unused vacation and sick leave to a local district judge if the judge had been its employee before reorganization. The AG could not decide whether a particular judge qualified…

August 9, 2017
AR

May Russellville fund a church-run tourism event, and does the grant raise an Arkansas constitutional issue?

On the facts supplied, the AG said funding a secular event run by a religious group would not violate the federal Establishment Clause. She separately warned that directly granting public funds to a…

August 9, 2017
FL

Can a Florida special district use district funds to pay for board members' group health insurance, in addition to their statutorily authorized compensation?

Yes, assuming the insurance program otherwise satisfies § 112.08. The AG said the Loxahatchee River District could pay board members' group health premiums in addition to charter compensation. The…

August 9, 2017
TX

Can a county commissioners court let the treasurer pay bills before the court approves them?

The AG concluded the commissioners court cannot do that. Under the Local Government Code, the commissioners court must examine and approve claims against the county, and the treasurer and auditor…

August 8, 2017
TX

What can a Texas sheriff legally spend jail commissary money on?

The AG said whether a specific expenditure is proper is a fact question it could not decide in an opinion, so it gave the legal standards instead. Local Government Code section 351.0415 lets a…

August 8, 2017
TX

Can a Texas DA require you to give up your right to expunge an arrest to enter pretrial diversion?

The AG concluded yes. Expunction of arrest records is a statutory privilege, not a constitutional right, and Article 1.14 of the Code of Criminal Procedure lets a person waive any rights secured by…

August 8, 2017
DE

Is a cabinet council created by the Delaware governor's executive order a 'public body' subject to FOIA's open-meetings law?

Not automatically. The AG found the Governor's Family Services Cabinet Council fell under FOIA's 'body of one' exemption because its only members were the Governor and his own Cabinet secretaries,…

August 7, 2017
AR

Was the Arkansas Department of Human Services custodian's decision to release a redacted personnel file consistent with the Arkansas FOIA?

Yes. After reviewing the records, the AG concluded the DHS custodian's redactions were proper and no further redactions were required. The specific items the employee asked to keep confidential…

August 4, 2017
AR

Why did the Arkansas AG reject Mary Berry's July 21, 2017 cannabis amendment without going through the usual ambiguity analysis?

Because Berry's submission was substantively identical to two recent rejections (her own Opinion 2017-076 and Larry Morris's Opinion 2017-081, both from the same True Grass committee), the AG…

August 4, 2017
SD

Can a South Dakota town that has never adopted a comprehensive zoning plan or any zoning ordinances create a business improvement district under SDCL chapter 9-55 to fund downtown improvements?

No. SDCL 9-55-4 says a business improvement district has to lie within an established business area that has been zoned for business, public, or commercial purposes. A municipality with no zoning…

August 4, 2017
WV

If a state agency is doing an internal HR investigation into a complaint, can the agency fire an employee under W. Va. Code § 29-6-19 for refusing to talk to the investigators?

No. § 29-6-19's job-forfeiture penalty applies only to formal proceedings before a court, judge, legislative committee, or a statutorily-authorized administrative tribunal like the Public Employees…

August 4, 2017
TX

Can a Texas official appoint a relative to an unpaid volunteer job that only reimburses expenses?

The AG concluded yes. Texas nepotism law bars a public official from appointing a close relative to a position compensated from public funds. But reimbursing a volunteer for the actual expenses…

August 3, 2017
WA

Does a Washington school board member or city council member break the law by sharing what was discussed in a properly closed executive session?

Yes, with conditions. The AG concluded that the Open Public Meetings Act creates a duty of confidentiality for information learned in a properly convened executive session, when the information…

August 3, 2017
DE

Is sending a Delaware FOIA response to the wrong email address a violation, even if the reply itself was on time?

Yes, but only a technical one. The AG found the Village of Arden should have used the email address tied to the original request, even though its FOIA coordinator answered within one business day,…

August 3, 2017
FL

Does Florida's emergency-declaration tolling for permits (§ 252.363(1)(a)) apply to a development agreement between a city and a developer?

It depends. Section 252.363(1)(a) tolls only four kinds of instruments: local-government development orders, building permits, DEP/water-management permits, and DRI buildout dates. Whether the City…

August 1, 2017
TX

Does a company still count as a car manufacturer's affiliate if it owns the manufacturer but gives up control?

The AG concluded probably yes. Texas law bars a vehicle manufacturer (including any company affiliated with a manufacturer) from owning or controlling a dealership. The DMV Board asked whether a…

July 31, 2017
DE

Does a Delaware FOIA complaint end if the agency later hands over the records it was accused of withholding?

Yes. When the Governor's office later supplemented its response to a records request with the actual calendar, the AG treated the complaint as moot and did not decide whether the earlier response…

July 31, 2017
MD

Could a Maryland city require an advisory vote before considering every charter amendment?

No. The Attorney General concluded that College Park could not make a nonbinding voter referendum a required first step before its council considered a charter amendment. State law prescribed the…

July 31, 2017
AR

Was Arkansas Community Correction's decision to release Tenisha Brown's redacted personnel file consistent with the Arkansas FOIA?

Not entirely. The AG agreed most documents were properly subject to disclosure but identified additional information that had to be redacted (insurance, tax info, banking, payroll deductions,…

July 28, 2017
DE

Is a private-sounding historic land trust like the Trustees of the New Castle Common subject to Delaware's open records law?

Yes. The AG determined that the Trustees of the New Castle Common, a corporation the Delaware General Assembly created in 1792 to manage land for the benefit of New Castle residents, is a 'public…

July 28, 2017
CT

Can Connecticut legislatively change wages, benefits, or other terms of an existing collective bargaining agreement with state employees, or does the federal Contract Clause stop it?

It depends, but the constitutional risk is real. Federal courts apply a three-part test asking (1) is the impairment substantial, (2) does the law serve a legitimate public purpose, (3) is the…

July 27, 2017
SC

Could a South Carolina county fund school resource officers without charging its school district?

The 2017 Attorney General opinion said a county or municipality could contribute toward school resource officers from a separate public revenue source. It could not use property taxes on…

July 27, 2017
TN

Does Tennessee's statutory definition of 'agriculture' apply to the adjective 'agricultural' in county authority and zoning statutes?

Yes. The AG concluded the same code-wide definitions of 'agriculture' in § 1-3-105(a)(2)(A) and § 43-1-113(b)(1) supply the meaning of 'agricultural' as used in § 5-1-118(b), § 5-1-122, and §…

July 26, 2017
TN

After Public Chapter 490 reclassified Tennessee's modern market telecommunications providers, who reappraises their property and on what schedule?

The Comptroller of the Treasury still does the reappraisals. The AG concluded that even though Public Chapter 490 changed how the operating property of modern market telecommunications providers is…

July 26, 2017
CA

Can a California fire protection district chief enforce the State Fire Marshal's building standards and other regulations as applied to single-family homes and other R-3 dwellings within the district's territory?

Yes. The AG concluded that Health and Safety Code section 13146 does not prohibit a fire protection district chief from enforcing the State Fire Marshal's R-3 dwelling regulations. The statute's…

July 26, 2017
DE

If an agency takes ten months to respond to a FOIA request, does it have to prove it acted properly along the way?

Yes. The AG found DNREC violated FOIA because it could not produce any record proving it responded within 15 business days, gave a proper reason for needing more time, or kept the contact log FOIA…

July 26, 2017
DE

Can a city withhold vehicle license plate numbers from parking ticket records requested under FOIA?

Partly. The AG found Wilmington could withhold vehicle license plate numbers from a reporter's parking-ticket data request under the common law right of privacy, since plate numbers can be used to…

July 25, 2017
DE

Can a public body just label an agenda item 'New Business' or 'Other Business' without describing what it is?

Usually, yes. The AG found that a college board's use of generic agenda headings like 'New Business' and 'Other Business,' and the phrase 'Personnel and Legal' to justify an executive session, did…

July 24, 2017
DE

What happens if a Delaware police department responds late to a FOIA request?

The AG found Wilmington police violated FOIA by responding late to two records requests. It required no further remedy because the requester confirmed receiving the department's response. The…

July 24, 2017
AR

Why did the Arkansas AG reject Larry Morris's July 2017 'Arkansas Recreational Marijuana Amendment of 2018' draft from True Grass?

Four defects: the effective date was contradictory ('effective November 7, 2018' but also 'shall be made lawful' by some unidentified third party); the Section 4 list of legalized 'acts' used…

July 21, 2017
AZ

Does Arizona law let state and county officials use, maintain, and protect access to old federal R.S. 2477 roads across federal land, even when the BLM tries to close them?

Yes. The AG concluded that A.R.S. § 37-931 reaffirms broad state authority to use, access, and maintain valid R.S. 2477 rights-of-way across federal lands, though significant changes still require…

July 21, 2017
SC

Could an incorporation petition change its proposed town boundaries after voters signed it?

The 2017 South Carolina AG opinion predicted that a substantial change to proposed municipal boundaries after petition signatures would not be allowed. It distinguished minor errors and…

July 21, 2017
DE

Can an agency's meeting agenda just say it will 'examine' an application, or does it have to say a vote is coming?

Yes, saying the board will 'examine' an item is enough. The AG found the Delaware Agricultural Land Preservation Foundation's agenda gave the public adequate notice of a right-of-way easement…

July 20, 2017
DE

Does a county violate open meetings law by voting to promote someone to department director without disclosing it on the agenda?

Yes. The AG found Sussex County Council violated FOIA's open meeting requirements when its October 2016 meeting agenda gave no hint that the Council intended to discuss and vote on a successor to…

July 19, 2017
WV

If you sit on a city planning commission, a sheriff's civil service commission, or another local board, can you also serve on the county building commission, or does W. Va. Code § 8-33-3 disqualify you?

You are disqualified. W. Va. Code § 8-33-3 bars building commission members from holding 'any office (other than the office of notary public) or employment under the United States of America, the…

July 18, 2017
DE

Does a mayor have to give 7 days' notice before an emergency meeting to discuss firing an employee?

No, not when it genuinely qualifies as an emergency. The AG found that a mayor's decision to call a same-day meeting to discuss an urgent personnel matter fell within FOIA's emergency-meeting…

July 18, 2017
DE

Is a pre-meeting 'meet and greet' for new board members subject to Delaware's open meetings law?

No violation found. The AG determined that the Wilmington Housing Authority did not violate FOIA at its February 27, 2017 board meeting: notice was posted ten days in advance at the authority's…

July 18, 2017
DE

Do Delaware prison officials have to release use-of-force reports and inmate grievances after a prison riot?

Mostly no. The AG found that DOC could withhold most requested JTVCC incident, use-of-force, grievance, disciplinary, and Rule 210 records under FOIA exemptions. For contraband-seizure records, the…

July 17, 2017
AR

Why did the Arkansas AG reject Scott Trotter's 2017 multi-issue constitutional amendment about jury damages, campaign-finance disclosure, and legislative powers?

Seven defects, the AG said. The popular name was misleading (juries don't have an absolute right to set damages; Arkansas already requires election disclosures). The ballot title used technical…

July 14, 2017
TX

Can a Texas city's tree removal ordinance be an unconstitutional taking of my property?

The AG concluded it depends on the facts. A municipal tree preservation ordinance is a per se taking that requires compensation if it denies a property owner all economically beneficial or…

July 14, 2017
TX

Does a Texas school district need a tax ratification election if it lowers the total rate but raises the M&O rate?

The AG concluded yes. A school district must hold a tax ratification election whenever it adopts a rate above its rollback rate, and the rollback rate effectively tracks only the maintenance and…

July 14, 2017
FL

Can a Florida town's driveway-permit ordinance be applied to a property used for bona fide farming, or do agricultural preemptions block enforcement?

It depends on scope. The Town of Grant-Valkaria's ordinance applies on its face only to driveways for single-family and duplex residential structures, so it doesn't conflict with the agricultural…

July 14, 2017
DE

Can a state agency withhold records from someone who is actively suing a related federal agency over the same issue?

Yes, on these facts. The AG upheld DNREC's denial to a property owner litigating a related flood elevation dispute against FEMA. DNREC was not a party, but the statute contained no express party…

July 14, 2017
DE

Does a state agency have to get records back from the private shelter it contracts with to house seized animals?

No violation. The AG found the Division of Public Health didn't have to produce records about seized dogs' whereabouts because ownership of the dogs had already passed to a private shelter, which is…

July 14, 2017
SC

Could Dillon County stop sharing its local option sales tax proceeds with its school board?

The 2017 South Carolina AG opinion predicted a court would enforce the county’s agreement to divide its portion of the tax proceeds equally with the school board. The opinion relied on the…

July 13, 2017
DE

If a Delaware agency can't find the exact document I asked for in a FOIA request, does that violate the law?

No. The AG found that Delaware's Department of Justice did not violate FOIA when it searched for, but could not locate, the specific memo a requester asked for, told him it didn't exist, and…

July 13, 2017
DE

Can a Delaware state agency withhold correspondence with a developer by calling it part of an 'investigatory file'?

No, not here. The AG found that DNREC violated FOIA by withholding correspondence between a developer and the Sussex Conservation District under the investigatory file exemption, because the review…

July 13, 2017
VA

Does Virginia's three-fourths-vote rule for selling city property apply when a city grants the state a permanent easement to build a public monument?

No. The supermajority-vote rule and competitive-bid rule in Article VII, Section 9 of the Virginia Constitution and Code § 15.2-2100 did not apply when Richmond proposed to grant the Commonwealth a…

July 13, 2017
SC

Did a license suspension for unlawful alcohol concentration bar South Carolina law enforcement certification?

The 2017 AG opinion said a suspension within the preceding five years for driving with an unlawful alcohol concentration automatically barred certification. A suspension for refusing an alcohol test…

July 12, 2017
DE

Does a town violate Delaware's open meetings law by calling a special meeting on three days' notice to vote on firing an employee?

Yes, in part. The AG found that the Town of South Bethany violated FOIA by calling a special meeting on only three days' notice to discuss and vote on firing its Town Manager without showing the…

July 12, 2017
DE

Are police or fire marshal firearms qualification records exempt from Delaware's public records law as personnel files?

No, not in this case. The AG determined that the City of Wilmington violated FOIA by withholding its Fire Marshal's Office firearms qualification records, because disclosure would not have invaded…

July 12, 2017
AR

Can Northwest Arkansas Community College use its local property tax millage to build and run a campus outside its taxing district?

Generally yes, if the facility is within NWACC's service area and the college is not a converted technical college or branch campus covered by the statutory millage restriction. The AG lacked facts…

July 11, 2017
CA

Does the California Voter Participation Rights Act override a charter city's home-rule authority over election timing, and does it apply to school districts whose elections are governed by city charters?

Yes to both. The AG concluded that the California Voter Participation Rights Act (Elec. Code §§ 14050-14057) preempts a charter city's article XI, section 5 home-rule authority over election timing…

July 11, 2017
SC

When was a South Carolina deferred presentment debt paid in full by debit card?

The 2017 AG opinion treated an approved debit card payment as cash equivalent and said the transaction was paid in full when the debit was authorized at the point of sale. The licensee could notify…

July 11, 2017
SC

Which South Carolina fee rules governed Clemson and Coastal Carolina championship license plates?

The 2017 AG opinion said the later, specific statutes for Clemson and Coastal Carolina championship plates governed their fees and distribution. It predicted a court would treat them as exceptions…

July 11, 2017
DE

How many days does a Delaware state agency have to respond to a FOIA public records request?

15 business days. The AG found that the Delaware Department of Insurance violated FOIA's public records provisions by taking longer than 15 business days to respond to a request, but ordered no…

July 11, 2017
DE

Does a city council violate Delaware's open meetings law by holding an all-day planning retreat without a real agenda?

Yes. The opinion found that the City of Seaford's Council violated Delaware's open meetings law by holding an all-day planning retreat without including an agenda in the meeting notice, and then…

July 11, 2017
SC

Did South Carolina highway funding legislation repeal special license plate fee rules?

The 2017 AG opinion said the highway funding act did not expressly or implicitly repeal the separate fee rules for personalized organizational, sample, and souvenir plates. It predicted a court…

July 10, 2017
SC

Could an irrevocable line of credit release a South Carolina mechanic’s lien from real property?

The 2017 AG opinion predicted a court would reject an irrevocable line of credit as security for discharging a mechanic’s lien. The statute listed cash, certain federal or state securities, and a…

July 10, 2017

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