West Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in West Virginia, with full citations and the original source on every page.
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Can a sitting member of the West Virginia Legislature also work for a West Virginia executive-branch agency, either as an employee or as a contractor?
An employee, no. The West Virginia Constitution at art. VI, § 13 flatly bars sitting legislators from holding 'employment under this state.' A contractor relationship is more nuanced. The AG could not…
Can someone work for the West Virginia Division of Highways while also serving as the public-employee representative on the PEIA Finance Board?
No. The AG concluded that the PEIA Finance Board public-employee representative seat is a 'public office' under the Carson five-factor test, which triggers W. Va. Code § 17-2A-5's bar on DOH employmen…
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 stat…
Can the same lawyer serve as the county fiduciary commissioner and as the attorney to the county commission in the same county?
No. The AG applied the common-law incompatibility doctrine: two government offices are incompatible if the responsibilities of one office can in any manner influence the actions of the public officer …
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Attorney general opinions in West Virginia are written by the West 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.