Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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If a Virginia electoral board member takes a part-time town attorney job, are they automatically off the board, and are any decisions they made still valid?
Off the board on acceptance, but past acts remain valid. The AG concluded that under Article II, § 8 of the Virginia Constitution and § 24.2-119, an electoral board member cannot simultaneously serve …
Does Virginia's 2015 amendment giving private police departments 'law-enforcement officer' status actually grant them police powers?
The AG concluded the 2015 amendment to § 9.1-101 did confer law-enforcement powers on qualified employees of authorized private police departments, so long as those employees met all DCJS training req…
Must a Virginia county with a county-administrator form of government create a citizen-appointed library board to qualify for state library aid?
Yes. The AG concluded that Va. Code § 42.1-35, which requires a local library board appointed by the governing body, applied to Roanoke County. The county-administrator charter did not create an exemp…
When did Virginia's 2016 pickup truck personal-property tax exemption start applying, and did the timing create unconstitutional unequal taxation?
The AG concluded that the new pickup-truck personal-property tax exemption (effective July 1, 2016) did not apply to qualifying vehicles taxable in the locality as of January 1, 2016. Those vehicles r…
Can a Virginia animal control officer decide not to seek a dangerous-dog summons after a bite if a statutory defense might apply?
Once an animal control officer had objective reason to believe a dog had bitten, attacked, or injured a person, § 3.2-6540 made it mandatory to apply to a magistrate for a summons. The statutory excep…
Can a Virginia county tax boats by charging a license fee instead of personal property tax?
No. The AG concluded that counties had no authority under Virginia law to impose a license fee on boats in lieu of personal property taxes. The General Assembly had expressly authorized local license …
Does Virginia's $1 open-space recordation fee on 'deeds' apply to deeds of trust and leases?
Yes. The AG concluded that 'deed' in § 58.1-817 carries its established legal meaning, any signed, sealed, and delivered instrument conveying some interest in property. Deeds of trust and leases both …
When must the Virginia Compensation Board start paying local jails back for medical costs of state-responsible inmates?
The Compensation Board's policy of starting reimbursement on day 91 was inconsistent with § 53.1-20.1, which makes the state responsible beginning on day 61 after notice of the commitment order. The A…
Can a retired Virginia judge who has taken his name off the Supreme Court's recall list still officiate weddings without posting a bond?
Yes. AG Herring concluded that Va. Code § 20-25 lets any 'retired judge or justice of the Commonwealth' celebrate marriages without bond or order of authorization, including a judge who has voluntaril…
When a Virginia brewery fills a refillable beer growler with beer, is that growler 'factory sealed' so it's exempt from local meals tax?
Yes, if the brewery itself seals and sells the growler for off-premises consumption. AG Herring concluded that for purposes of Va. Code § 58.1-3840(B)'s meals-tax exemption, 'factory sealed' means sea…
After the Virginia Supreme Court invalidated McAuliffe's blanket rights-restoration order, did the Richmond Electoral Board have to strike a school-board candidate whose registration was retroactively cancelled?
No. The AG concluded that a school board candidate's qualifications are tested at the time of election under § 22.1-29, not at qualification. The electoral board did not have to strike a candidate who…
Does Virginia's project-labor-agreement statute apply to highway and transportation contracts awarded under the Public-Private Transportation Act?
No. The AG concluded that § 2.2-4321.2 of the Code, the Public Procurement Act provision governing project labor agreements, does not apply to contracts awarded under Virginia's Public-Private Transpo…
Can a Virginia circuit court clerk refuse to forward a court-appointed lawyer's pay request for missing a 'detailed accounting' of time?
The authority to decide whether a court-appointed attorney provided a 'detailed accounting' of time belongs to the presiding judge (or, where additional waivers are sought, the chief judge). The circu…
Can a church or home kitchen prepare food for a homeless shelter without being treated as a restaurant for health-inspection purposes?
Yes. The AG concluded that private home and church kitchens used to prepare food donated to a charitable organization, such as a homeless shelter, were exempt from state and local food-service regulat…
Do Virginia private preschool teachers need a state teacher license to be paid with public Lottery funds?
Teachers in private preschools had to hold a VDOE teacher license to be paid from public funds. Lottery proceeds could lawfully fund the Virginia Preschool Initiative in nonsectarian preschools, inclu…
Now that the federal government has recognized the Pamunkey tribe, do Virginia state and local police lose their authority to enforce the law on the Pamunkey reservation?
No. AG Herring concluded that federal recognition of the Pamunkey tribe doesn't make the Pamunkey or Mattaponi reservations 'Indian country' under federal law, because the lands were set aside by the …
Is the Virginia term jury list (the pool of potential jurors for a term of circuit court) open to the public, and can lawyers copy it?
No. AG Herring concluded that Virginia term jury lists are not public records and may be inspected only by counsel of record in cases to be tried during the term. Counsel may copy the list only with l…
Did Virginia's ban on sex discrimination cover discrimination against LGBT people?
The AG concluded that Virginia's anti-discrimination statutes most likely prohibited discriminatory conduct against LGBT Virginians when that conduct was based on sex-stereotyping or on treating them …
Can Virginia legally use compounded drugs from a confidential pharmacy to carry out lethal-injection executions?
The AG concluded that the FDCA and CSA do not bar Virginia from procuring compounded drugs for lethal injection, that the proposed confidentiality protections did not violate federal rights, that the …
Can a Virginia school board ban speakers at public meetings from criticizing teachers or principals by name?
No. AG Herring concluded that Franklin City School Board rules forbidding speakers from discussing 'personnel concerns,' naming specific school employees, or making 'personal attacks' violate the Firs…
Would Virginia's proposed Growth and Opportunity Board, with legislators in the majority and a legislator veto, violate the state constitution?
The AG identified two significant constitutional risks in House Bill 834. The Growth and Opportunity Board's composition gave legislators and their appointees majority control over an executive-branch…
Can a Virginia HOA deactivate a delinquent owner's gate barcode if it makes the back gate unusable?
An HOA may not deactivate a delinquent member's gate barcode in any way that either endangers the health, safety, or property of an owner, tenant, or occupant, or denies an owner direct access to the …
Can the Virginia Outdoors Foundation use Open-Space Lands Preservation Trust Fund grants to pay for baseline documentation reports and land surveys?
Yes. The AG concluded that costs of baseline documentation reports were 'costs associated with the conveyance' of an easement and so were eligible for Fund grants. The cost of a new land survey was al…
When a Virginia clerk tries to serve a confessed judgment on a debtor who lives out of state, what counts as good service, and what doesn't?
AG Herring concluded that for a confessed judgment under § 8.01-438, posting is sufficient if it's allowed in the debtor's home state, 'Not Found' returns never count, and mailing by registered or cer…
Does the Virginia real-property tax exemption for surviving spouses of service members killed in action apply if the death happened before 2015?
Yes. The AG read both the constitutional amendment and the implementing statute as applying regardless of when the service member was killed. The 'January 1, 2015' date in § 58.1-3219.9 limited only t…
When someone dies from an accident or trauma in Virginia, who is legally required to take charge of the body, and who pays for removing it?
AG Herring concluded that under Va. Code § 32.1-283, once the Office of the Chief Medical Examiner is notified of a death from trauma, injury, violence, or similar circumstances, OCME alone is require…
Can the Chesapeake Bay Restoration Fund Advisory Committee use specialty license plate revenue to pay a marketing firm to sell more 'Friend of the Chesapeake' plates?
No. AG Herring concluded the Fund's enabling statutes (Va. Code §§ 30-256 and 46.2-749.2) restrict the money to environmental education and Chesapeake Bay restoration projects. Paying for marketing to…
If a Virginia school bus stop-arm video camera captures a driver illegally passing, can the locality just mail the driver a summons, or does it have to be served in person?
It has to be served in person. AG Herring concluded that Va. Code § 46.2-844 (illegal passing of a stopped school bus) doesn't authorize service by mail, in contrast to § 15.2-968.1 ('photo red' viola…
Can a Virginia locality require that environmental mitigation for impacts to wetlands or streams within the locality be performed inside the locality's boundaries?
No. AG Herring concluded that Va. Code § 62.1-44.15:20(E) prohibits localities from instituting any policy, plan, or ordinance, including accepting voluntary proffers, that dictates where wetlands or …
Can the Virginia State Bar use mandatory bar dues to fund its Diversity Conference, the way it funds its Young Lawyers and Senior Lawyers conferences?
Yes. AG Herring concluded the Diversity Conference's mission of promoting diversity in admission to the bar and access to legal services is 'germane' to regulating the legal profession and improving l…
If a stray cat or dog is on my property in Virginia and I call animal control, do they have to take it away?
AG Herring concluded the answer depends on the animal. For an unlicensed dog 4+ months old (or an unlicensed cat where a local ordinance requires cat licensure) on someone else's property, the officer…
Can a Virginia local wetlands board take public comment at meetings even when a statute doesn't require a public hearing?
Yes. AG Herring concluded the Suffolk Wetlands Board may permit public comment at meetings whenever it chooses, even when public comment isn't statutorily required, because no law prohibits it and FOI…
When a regional school in Virginia (jointly funded by several school divisions) has leftover money at the end of the year, does the money have to be returned to the participating localities?
No. AG Herring concluded that Va. Code § 22.1-100, which requires reversion of unspent local funds for individual school divisions, does not apply to regional schools. Each regional joint board may ad…
Does Virginia's war-monument protection statute also cover markers placed to highlight a historic building?
No. The AG concluded that § 15.2-1812's anti-removal protection reached only monuments to wars, conflicts, and war veterans. A marker installed to commemorate a building's historical significance fell…
If Virginia's Governor or Attorney General is convicted of a corruption felony, who triggers their forfeiture of state pension benefits, and at what point in the appeals process do they actually lose it?
AG Herring concluded the Governor is the 'employer' of statewide elected officers for pension-forfeiture purposes under Va. Code § 51.1-124.13, and the Governor may delegate that role. Forfeiture is t…
If someone working at a Virginia daycare commits a misdemeanor outside of work, does that disqualify them from staying employed there under Virginia's barrier crime law?
Yes. AG Herring concluded that the phrase 'while employed in a child day center' in Va. Code § 63.2-1720(C) covers any offense committed during the worker's period of employment, regardless of whether…
What expenses are Virginia localities legally required to pay for their sheriff's offices, and can they net those obligations against revenue from prisoner processing fees and courthouse security fees?
AG Herring concluded each funding statute must be analyzed separately ('may' is permissive, 'shall' is mandatory). No Virginia statute lets a locality use prisoner processing fees (§ 15.2-1613.1) or c…
Can Virginia or its cities pass their own rules about drones, or does federal law lock the state out?
Mostly locked out. AG Herring concluded that federal law preempts state and local rules about drone safety, operation, certification, airspace, and (for cross-state commercial cargo drones) prices and…
Can the Quantico Town Council strip the mayor of authority to supervise town employees by appointing a chief administrative officer?
No. AG Herring concluded the Quantico Town Charter makes the mayor 'chief executive officer' of the town, which means he holds ultimate administrative control over employees. The Town Council can hire…
Can a Virginia sheriff assign deputies to work full-time security at a private hospital if the hospital pays the county for the cost?
No. AG Herring concluded a Virginia sheriff cannot dedicate deputies to provide full-time security at a private hospital, and the county cannot accept hospital funds to pay for it, because that's a pr…
Can the private operator of the Midtown and Downtown Elizabeth River Tunnels add extra processing and administrative fees on top of the toll just to make more money?
No. AG Herring concluded that Elizabeth River Crossings can only charge processing fees to cover the actual cost of running the video-monitoring system and printing invoices, and administrative fees t…
When a Virginia sheriff hires a private collection attorney to chase down unpaid jail keep fees, what prisoner information can the sheriff legally hand over, and what can the attorney legally do?
AG Herring concluded that a sheriff has discretion to share prisoner information needed for collection, as long as it isn't barred by state or federal law (no medical records, criminal history, victim…
Could the Virginia General Assembly let the State Corporation Commission regulate the rates of city-owned electric utilities, even though the Constitution carves municipal corporations out of the SCC's normal utility authority?
Yes. AG Herring concluded the General Assembly may enact a general law extending SCC jurisdiction over rates, charges, and services of municipal electric utilities. Article IX, § 7 limits the Constitu…
Can a Virginia county or city ban fracking inside its borders, or does state law take that authority away?
Yes. AG Herring overruled a 2013 opinion and concluded that Virginia counties and cities can use their zoning power to prohibit fracking, because the Virginia Gas and Oil Act contains an unusual savin…
Could the Virginia Board of Health force already-built abortion clinics to retrofit themselves to meet new hospital-grade design and construction standards?
No. AG Herring concluded the Board of Health lacked statutory authority to apply design and construction standards retroactively to abortion facilities built before the standards were promulgated. Sta…
Can a Virginia HOA stop me from installing solar panels if the ban is only in their bylaws or rules, not in the recorded declaration?
No. The opinion concluded that under the July 1, 2014 amendments to Va. Code § 67-701, a Virginia property owners' association (POA) may prohibit solar panels on private property only through a record…
Can a Virginia school board add 'sexual orientation' and 'gender identity' to its nondiscrimination policy, or does the Dillon Rule block it?
Yes. AG Herring overruled a 2002 opinion and concluded that Virginia school boards' constitutional supervisory power over their schools fairly implies authority to prohibit sexual-orientation and gend…
How do Virginia's conflict-of-interest rules apply to the Hampton Roads Transportation Accountability Commission when so many board members might have to recuse themselves on the same vote?
AG Herring concluded the HRTAC is a state agency for COIA purposes, and that COIA's 'savings clause' lets the remaining un-recused members proceed by majority vote even when so many disqualifications …
Can a Virginia police officer at a traffic stop search a driver's phone without a warrant to prove the driver was texting while driving?
No. The opinion concluded that, under Riley v. California (2014), the Fourth Amendment prohibits a Virginia law-enforcement officer from conducting a warrantless search of a driver's cell phone or oth…
If a Virginia city builds a convention center next to a privately owned hotel, can the city capture the sales tax from the hotel as if it were part of the public facility?
Yes, potentially. AG Herring concluded that under Va. Code § 58.1-608.3, an existing hotel can be part of a 'public facility' if it is 'attached' (including by a bridge or walkway) or 'adjacent' (even…
Does Virginia FOIA require sheriffs to release mug shots to news reporters even after the person has been released from jail?
Yes, with conditions. The opinion concluded that under Va. Code § 2.2-3706 (added to FOIA in 2013), local law-enforcement agencies must disclose adult arrestee mug shots in their own photographic data…
Can a Virginia defendant in general district court file a demurrer to challenge whether the plaintiff has even stated a legal claim, or is that only available in circuit court?
Yes. AG Herring concluded that Va. Code § 8.01-273 authorizes written demurrers in any civil action, including general district court, even though the older streamlined GDC procedure with form warrant…
Can a Virginia supervising physician prescribe medication based only on a nurse practitioner's or PA's follow-up visit, without seeing the patient again?
Yes, with conditions. The opinion concluded that a Virginia supervising physician may prescribe medication to a patient based on the recommendation of a nurse practitioner or physician assistant who s…
Can a Virginia Industrial Development Authority run an airport, hire contractors to operate it, and rely on its lawyer's certification of authority?
No, with multiple layers. The opinion concluded that (1) the Louisa County Industrial Development Authority (IDA) lacks legal authority under the Industrial Development and Revenue Bond Act (Va. Code …
If federal immigration officials send Virginia jails an ICE detainer, do the sheriffs have to keep an inmate locked up past their release date?
No. The opinion concluded that an ICE detainer is merely a request under 8 C.F.R. § 287.7. It does not create for a Virginia law-enforcement agency either an obligation or legal authority to maintain …
When a suspected drunk driver is taken to the hospital, what steps does the officer have to follow to legally get a blood sample under Virginia's implied consent law?
Issue the summons first, then draw the blood. The opinion concluded that implied consent to a blood test under § 18.2-268.2 is triggered by a valid arrest. When a common-law arrest by physical force o…
In Virginia, who owns the geothermal resources under a piece of land, what regulations apply, and how are they taxed locally?
Rights to geothermal resources belong to the surface owner unless explicitly conveyed; they are sui generis, neither mineral nor water rights, so a mineral or water reservation does not include them a…
If a same-sex couple in Virginia put both their names on a deed, did they have to pay the recordation tax that a husband and wife would skip?
No. After the Bostic ruling, AG Herring told circuit court clerks they had to read 'husband and wife' in the recordation tax exemption (Va. Code § 58.1-810.3) to include same-sex spouses, so deeds bet…
Can a Virginia university let its employees drive utility vehicles on public streets running through campus, even if the city has not designated those streets for that use?
No. The opinion concluded that an institution of higher education within a Virginia city may not allow its employees to operate utility vehicles on those portions of public highways within the institu…
Can a Virginia county fair refuse to let political groups rent booths, or charge them way more than other vendors?
No, on the facts presented. The opinion concluded that the Isle of Wight County Fair, as the County operated it (sponsored by the County, on County property, open to the general public for vendors and…
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Attorney general opinions in Virginia are written by the Virginia 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.