Maryland Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maryland, with full citations and the original source on every page.
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Can a Maryland county's board of commissioners appoint one of its own sitting members to serve as a regular citizen member of the county planning commission?
The opinion concluded that a Frederick County commissioner's appointment to a five-year, non-ex-officio seat on the planning commission was void from the outset, because state law lets a board appoint…
Can one person serve as labor relations administrator for two different Maryland counties or agencies at the same time?
The opinion concluded that the Labor Relations Administrator positions for Montgomery County and for the Washington Suburban Sanitary Commission are each an 'office of profit' under Article 35 of the …
Can a police officer also serve as a member of the town council that oversees the police department?
The Attorney General concluded that while an Ocean City police officer could legally run for and be elected to the City Council, the common-law doctrine of incompatible positions barred the officer fr…
Can a Maryland town's charter bar its own employees from also serving on the town council, or does the state law protecting public employees' political rights (the anti-Hatch Act) override that kind of local rule?
No, the anti-Hatch Act does not preempt that kind of charter provision. The opinion concluded the anti-Hatch Act protects a municipal employee's right to run for town council, but a town charter may s…
Can a deputy court clerk in Maryland also serve as a state legislator?
The opinion concluded that a deputy clerk of a Maryland circuit court could simultaneously serve as a member of the General Assembly, because a 1990 amendment to the Maryland Constitution had changed …
Can a Maryland public drainage association manager also hold another paid government office at the same time?
Maryland's Attorney General concluded in 1991 that a member of the board of managers of a public drainage association holds an 'office of profit' under Article 35 of the Maryland Declaration of Rights…
Can a Montgomery County Council member resign and later be appointed to the county Planning Board, if the two jobs are otherwise incompatible?
In a 1989 opinion, Maryland's Attorney General concluded that a Montgomery County Council member could not serve simultaneously on the County Council and the County Planning Board, since the two offic…
Can a Maryland state prosecutor also serve as a special assistant state's attorney for a different county without giving up their regular job?
In this 1987 opinion, the Attorney General concluded that Assistant and Deputy State's Attorneys, Assistant and Deputy Attorneys General, and Assistant and Deputy State Prosecutors are not public offi…
Can a court-appointed standing examiner in Maryland also serve on a Judicial Nominating Commission?
In this 1987 opinion, the Attorney General concluded that a standing examiner appointed by a Maryland circuit court does not hold a public office, so the person could serve on a Judicial Nominating Co…
Can someone serve in Maryland's House of Delegates while also working as a state university police officer?
In this 1987 opinion, the Attorney General concluded that a University of Maryland police officer holds an 'office of profit' under Article 35 of the Maryland Declaration of Rights, so a newly elected…
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Attorney general opinions in Maryland are written by the Maryland 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.