Maine Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maine, with full citations and the original source on every page.
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Could the York County Commissioners refuse to fill a clerical position the Budget Committee had funded for the District Attorney's office?
The Maine AG concluded that York County Commissioners could not refuse to fill a position funded by the York County Budget Committee. Section 501(1) gives commissioners authority over hiring by county…
In Maine, can a sitting Probate Judge serve in the State Senate if elected?
No. The Maine Constitution flatly bars a probate judge from holding both offices. Articles III, VI, and IX each prohibit it through different mechanisms (separation of powers, judicial-officer office-…
Can a Maine governor reduce General Purpose Aid for schools without calling the Legislature into special session?
The Maine AG concluded the governor's reduction of General Purpose Aid did not exceed his legal authority under 5 M.R.S.A. § 1668 and that nothing in the statute or constitution required him to call a…
Is Maine required to balance its budget, and how broad is the governor's power to cut spending mid-year when revenues fall short?
The Maine AG concluded that Me. Const. art. IX, § 14 effectively requires a balanced budget by sharply limiting state debt, and that 5 M.R.S.A. § 1668 authorizes the governor to temporarily curtail al…
Can the Maine Senate elect two co-Presidents to share the office at the same time?
The Maine AG concluded the Maine Constitution does not permit two co-Presidents of the Senate. Article IV, Part 2, § 8 contemplates a single President. The President is first in the line of gubernator…
Can the Maine governor lay off state workers or stop spending appropriated funds to push through Productivity Task Force changes before the Legislature acts?
Mostly no. The AG concluded the Governor could trim All Other spending and lay off employees to capture productivity savings, but could not use either lever to eliminate a statutorily mandated state p…
Do the proposed amendments to LD 1412's Section D-4 fix the constitutional problem flagged in Op. 95-6?
Yes. The AG concluded the parallel amendments H-182 and S-102 cure the constitutional infirmity identified in Op. 95-6. Instead of letting the Governor unilaterally implement statutory amendments afte…
Is LD 1412 Part D (the Productivity Realization Task Force budget mechanism) constitutional, particularly its Section D-4 authority for the Governor to implement statutory amendments without legislative action?
Mixed. The AG concluded Section D-5 of LD 1412 (authorizing the Governor to transfer positions and balances to achieve a $45 million productivity savings target) would survive nondelegation and separa…
Can Maine legislators serving on a special legislative committee vote to grant state agencies a hardship exemption from a legislatively imposed property-transfer moratorium?
No. The AG concluded that voting to grant or deny hardship exceptions to executive branch agencies is an executive function. Legislators may serve on the Special Committee on the New Capitol Area Mast…
Can Maine's Governor block a legislatively-created position from being filled by telling the agency chair not to fund it?
No. Governor McKernan lacked both statutory and constitutional authority to direct the Maine Board of Environmental Protection's Chair not to fund the new Executive Director position. The Legislature …
Can the Maine Legislature use an emergency resolve to authorize the State to buy real estate, when the state constitution forbids emergency bills from including provisions for the purchase of real estate?
Yes in this case. AG Tierney concluded the Edwards Dam resolve did not violate Article IV, Part 3, Section 16 because the underlying real-estate authority already existed in 12 M.R.S.A. § 6252-A(5); t…
Can the Maine Legislature raise the Governor's salary in the middle of his first term, with the raise taking effect at the start of his second term, while he is still in office?
No. Deputy AG Cabanne Howard concluded that the Maine Constitution's phrase 'continuance in office' (Art. V, Pt. 1, § 6) blocks any salary increase that would apply to a sitting Governor for as long a…
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Attorney general opinions in Maine are written by the Maine Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.