State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can the same person be the administrative assistant for both a Texas county judge and the county attorney?
Yes, as a threshold matter. Neither the constitutional ban on holding two offices nor the common-law incompatibility doctrine prevents it, because an administrative assistant is an employee, not a pub…
Can a guardian make a mentally incapacitated ward use a lawyer, or represent the ward themselves in court?
It depends on the type of case. A probate court's finding that someone is incapacitated does not by itself decide whether the ward can represent themselves in a criminal case; that call belongs to the…
If a Delaware licensing board posts its meeting agenda only thirty minutes before the meeting starts, has it violated FOIA?
Yes. The Delaware Board of Electrical Examiners violated FOIA when it failed to post the February 5, 2025 meeting agenda until thirty minutes before the meeting. FOIA requires the agenda to be posted …
Can a Mississippi school district adopt eligibility limits and caps on donated leave for catastrophic illness?
Mostly no. A Mississippi school board cannot adopt donated-leave rules that are stricter than what Section 37-7-307 allows. Eligibility, maximums received, and the donate-after-notice question are all…
When can a Tennessee property assessor reassess a property between scheduled reappraisal years if the owner remodeled, replaced a roof, or added an HVAC system?
Only when the work is a true 'improvement' that adds value, beauty, utility, or new uses, not when it is repair or replacement. The assessor reassesses the new improvement only, not the property as a …
Can Kentucky game wardens enforce Kentucky's fishing, hunting, and boating laws across the whole width of the Ohio River, into Ohio, Indiana, or Illinois waters?
No, not under current law. The Attorney General concluded that Kentucky's fish, game, and boating laws apply only within Kentucky's borders, which on the Ohio River means south of the low-water line o…
Did Missouri approve the form of Damien Johnson's initiative petition 2026-029?
Yes. The attorney general approved petition 2026-029 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Why did Missouri reject Damien Johnson's initiative petition 2026-027?
The attorney general rejected petition 2026-027 because the proposed measure did not include a section number. The opinion did not review whether other deficiencies existed.
Did Missouri approve the form of Damien Johnson's initiative petition 2026-026?
Yes. The attorney general approved petition 2026-026 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
When a Delaware city manager and parks staff meet privately with a charter school to talk about converting a public park into baseball fields, does that count as a 'public body' meeting that has to be open under FOIA?
No. The Newark City Manager, Parks Director, and Deputy Parks Director can meet with Newark Charter School representatives to explore a parkland proposal without triggering FOIA's open meetings rules.…
Does sponsoring a federally-funded dike project make a West Virginia county commission the owner of the dike, and how long does the commission's duty to maintain the dike last?
No, sponsorship does not make the County Commission the owner. Federal regulations distinguish between project sponsors and landowners (landusers); the City of Parsons holds title to the dike. The 198…
Can Tennessee enforce its weather-modification ban on activities like cloud seeding when the chemicals are released in federally controlled airspace?
It depends. The AG concluded Tennessee can almost certainly enforce the ban against ground-based weather-modification activities. For releases in navigable airspace, federal preemption may bar enforce…
If I'm in a Delaware civil case from a car crash, can I FOIA the police body camera and dashboard footage instead of going through court discovery?
No. Delaware State Police properly denied an attorney's FOIA request for body camera, dashboard camera, and photo records from a 2023 accident, even though the lawyer was representing a party in litig…
If a state agency stores its data in a database owned and operated by a private vendor, can a Delaware FOIA requester force the agency to hand over the database structure?
No. The Delaware Department of Insurance did not violate FOIA when it denied a request for database names, table names, and field structures, because the databases that hold its insurance data are own…
Did Missouri approve the summary statement for adding sexual orientation, marital status, pregnancy, and gender identity protections?
Yes. The attorney general approved the proposed summary statement's legal content and form; it described adding four protected categories in housing, employment, and public accommodations.
Did Missouri approve the summary statement for a proposal recognizing marriage between any two consenting adults?
Yes. The attorney general approved the proposed summary statement's legal content and form; it described changing Missouri's marriage definition from a man and a woman to any two consenting adults.
Can a justice of the peace constable in one Louisiana parish also work as a part-time deputy sheriff in a different parish?
Yes. The Louisiana Dual Officeholding and Dual Employment Law does not bar an elected constable from also holding a part-time appointive position in a different political subdivision. A Tangipahoa Par…
Can a Louisiana parish council member also work for the district attorney's office in the same parish?
Not if the DA position is an appointive office (stenographer, clerk, secretary, special officer, or investigator) or if the position's salary is funded by the parish council. Louisiana's Dual Officeho…
Can a Kansas city let golf carts share a sidewalk-style path with pedestrians?
No, not on any part of a path that counts as a sidewalk. The Attorney General concluded that K.S.A. 8-1575 bans driving any vehicle, including a golf cart, on a sidewalk, and that a city cannot pass a…
If a Delaware committee's agenda lists 'public education campaign' as a topic, can it vote at the meeting to appoint a liaison without separately listing that vote on the agenda?
Yes. The Dewey Beach Climate Change Committee's agenda discussion of the public education campaign was specific enough that appointing a coordination liaison was a foreseeable consequence. The Committ…
Did the Arkansas AG approve the ballot title for 'The Arkansas Educational Rights Amendment of 2026,' which would require non-public schools that take state funds (or state tax credits) to meet the same academic and accreditation standards as public schools, and expand state education obligations?
Yes. The AG certified both the popular name and ballot title as submitted, since they were identical to a previous proposal he had already substituted and certified in Op. 2024-079. The AG cautioned t…
Can the Texas Ethics Commission give itself more time to act on a complaint by adopting a tolling rule?
No. The Government Code gives the Commission a hard 120-day deadline to either propose a settlement or dismiss a complaint after a respondent answers, and the only tolling the statute allows is during…
Is the Jackpocket lottery app legal in New Mexico, or does it violate state lottery and gambling laws and trigger renegotiation of the Indian Gaming Compact?
It is likely illegal. The AG concluded the Jackpocket app constitutes 'internet gaming,' which triggers the Tribal-State Class III Gaming Compact's renegotiation clause. The app also likely violates t…
Do tribal libraries and nonprofit libraries in New Mexico have to hold open meetings under the Open Meetings Act?
No, generally not. Tribal libraries are part of sovereign tribal governments and not state agencies. Nonprofit libraries are private charities, not public bodies. Either could become subject to the OM…
Can a South Carolina county put a transportation sales tax referendum on the ballot in an odd-numbered year, or does the 'time of the general election' language in § 4-37-30(A)(2) limit it to even-numbered federal election years?
Either is allowed. The county transportation sales tax referendum required by S.C. Code § 4-37-30(A)(2) to be held 'at the time of the general election' can take place in an odd-numbered November as w…
If a Tennessee parent signs a 'blanket consent' for a school or provider to treat a minor's physical ailments and administer medication, does that consent also waive the parental-consent requirement for psychological or counseling services?
Likely no. The AG concluded that a blanket consent in Tennessee covers only the activity it specifically authorizes. A consent listing physical treatment and medication does not extend to psychologica…
If a Louisiana district public defender's one-year contract simply isn't renewed, does the defender get a hearing and investigation under La. R.S. 15:170?
No. La. R.S. 15:170 gives a district public defender a right to a hearing and investigation only if he is disciplined or has his contract terminated early. If the annual contract just expires and is n…
Did Missouri approve the fiscal note summary for Damien Johnson's initiative petition 2026-022?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local government costs or savings, and the review did not assess that estimate's fairness …
Does President Trump's Executive Order 14201 on transgender student athletes override Minnesota's anti-discrimination law, and can a Minnesota school district comply with the order without violating the Minnesota Human Rights Act?
No to the first question, no to the second. Executive Order 14201 (Keeping Men Out of Women's Sports) does not preempt Minnesota law because the President cannot issue education-funding directives wit…
Can Kentucky put a Ten Commandments monument back on the Capitol grounds and require the Ten Commandments in public school classrooms?
Likely yes, with conditions. The Attorney General concluded that restoring a passive Ten Commandments monument to the Capitol grounds likely would not violate the Establishment Clause, and that the Ge…
Does a Kansas school have to keep paying life insurance premiums for a teacher who gave notice they won't return next year?
No. The Attorney General concluded that Kansas's teacher continuing contract law only keeps a teacher's employment relationship alive between contract terms when the teacher has not given notice of no…
Can a Delaware school district charge $65 an hour to pull English Learner data because only the Supervisor of Instruction has system access?
Yes. Seaford School District showed that only the Supervisor of Instruction (and the higher-paid Director of Instruction) had the access and training to gather and properly deidentify the requested st…
When a Delaware public body charges for FOIA work, can it pick a higher-paid employee instead of the lowest-paid one capable of doing it?
No, but the lowest-paid employee 'capable' of the work is the one who actually has the access and skills. Sussex County Vocational Technical School District quoted $63.21/hour for a teacher serving as…
Can a Mississippi county put leftover insurance money into the general fund after a covered building has been fully repaired?
No. Under Mississippi Supreme Court precedent (Adams v. Helms, 1909), insurance proceeds for a damaged county building are not part of the general fund. They are a trust fund reserved for repairing, m…
Can a Mississippi county tax assessor use the affordable housing appraisal method on a property qualified under a city's local affordable housing ordinance alone?
Maybe. Section 27-35-50(4)(d) applies only if a development meets the statutory definition of 'affordable rental housing' (income-and-rent restricted under federal programs or a similar program). Whet…
Can a family member or hospital override a registered organ donor's decision in Mississippi?
No. Once a Mississippi resident has registered as an organ donor, no one else (not family, not hospital staff) can revoke that decision without legal or clinical justification. Hospitals must cooperat…
Can a Mississippi school board member vote to hire or set the salary of a relative working in the same district?
No. Section 37-9-21 prohibits a school board member from voting on hiring any superintendent, principal, or licensed employee related within the third degree by blood or marriage, or financially depen…
Who is supposed to pick up an Arkansas inmate from a federal prison or another state's prison and bring them to the Arkansas Division of Correction once they finish their out-of-state sentence?
Nobody, under current Arkansas law. The 2015 amendment to A.C.A. § 12-27-113 took the duty away from the Division of Correction and assigned it only to county sheriffs for inmates already 'in their ch…
Our California city expanded its council from five to seven members. Can we now seat the entire seven-member council as the library board?
No. California Education Code section 18910 mandates a five-member library board of trustees, and the statute provides no exception for cities that have grown their councils. The Municipal Libraries A…
Do Arkansas county judges have to display 'In God We Trust' and the U.S. and Arkansas flags in county buildings, or does Amendment 55's grant of custodial authority over county property let them opt out?
County judges must comply. Section 1-4-133 covers 'local building administrators,' which the AG reads to include county judges, and applies to all publicly funded buildings under their oversight. Amen…
Do members of a South Carolina county library board of trustees have to take the constitutional oath of office?
Yes. Members of the Charleston County Library Board of Trustees hold public office under the South Carolina Constitution, so they must take and subscribe the oath of office prescribed by Article VI, S…
Does the Arkansas AG have to review and approve a contract between two cities for one to provide police services to the other, or can the city councils just authorize it themselves?
AG approval is not required. The Greers Ferry-Higden police services agreement is a contract under A.C.A. § 25-20-108(a), not a true interlocal cooperation agreement under § 25-20-104(f). Section 25-2…
Can a Texas taxing unit recover attorney's fees in a delinquent property tax suit if it did not impose the extra collection penalty?
Yes. A taxing unit that contracts with a private attorney to collect delinquent taxes can recover attorney's fees under Property Tax Code § 33.48 (15% of the taxes, penalties, and interest due) in a s…
Can a Texas county use county workers and equipment to dig and close graves in private cemeteries?
Mostly no. The AG concluded a county cannot enter an interlocal agreement under Government Code chapter 791 with a private (non-governmental) cemetery organization. A county's burial authority under H…
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-017?
Yes. The attorney general approved the proposed summary statement's legal content and form; it addressed initiative protections, an 80 percent legislative threshold, election timing, and ballot-summar…
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-016?
Yes. The attorney general approved the summary statement's legal content and form; it addressed initiative protections, election timing, and an independent ballot-summary commission.
Did Missouri approve the summary statement for Jamie Howard's initiative petition 2026-015?
Yes. The attorney general approved the summary statement's legal content and form; it addressed initiative protections, election timing, and an independent ballot-summary commission.
Can a South Carolina county stop a city from annexing nearby land, and do cities have to coordinate annexation with the county's comprehensive plan?
Mostly no. The Attorney General explained that annexation is controlled by the General Assembly, which has 'complete power' over municipal boundaries. Outside the protest and challenge mechanisms in T…
Does Kentucky's workforce-board statute (KRS 151B.290) conflict with federal law, so the Governor can refuse to implement it?
No. The Attorney General concluded that no provision of KRS 151B.290 conflicts with the federal Workforce Innovation and Opportunity Act or the Wagner-Peyser Act. The duties the statute gives local wo…
Did Missouri approve the fiscal note summary for Katherine Floyd's initiative petition 2026-019?
Yes. The attorney general approved the summary's legal content and form; it estimated at least $1.5 million in annual legal settlement costs, at least $85,320 in other annual state costs, and mixed lo…
Did Missouri approve the fiscal note summary for Katherine Floyd's initiative petition 2026-018?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local government costs or savings, and the review did not assess that estimate's fairness …
Can a Kansas county attorney be paid extra for temporarily covering the county counselor's job during a vacancy?
Yes. The Attorney General concluded that once a county has established the position of county counselor, that office's civil duties belong to the county counselor, not the county attorney. So when a t…
What are the notice rules for a Delaware public body holding a virtual meeting, and what counts as proper agenda notice for the meeting where they vote to dissolve?
The agenda must include a public comment period (verbally adding it at the meeting does not work), and the meeting notice must include both an anchor physical location AND virtual participation inform…
Can a car manufacturer like Scout Motors sell vehicles directly to consumers in South Carolina, bypassing franchised dealers?
No. South Carolina's franchise law (S.C. Code Ann. § 56-15-45) makes it unlawful for a manufacturer to sell vehicles directly to consumers in the state. New cars can be sold only through a licensed de…
Can a Minnesota county jail or sheriff hold someone past their state release date because ICE has sent over an immigration detainer asking them to keep the person 48 more hours?
No. The AG concluded that prolonging custody past a person's state release date based only on an ICE detainer is a new arrest under Minnesota law, and no Minnesota statute authorizes that arrest. ICE …
Can a Texas student-athlete use prescribed testosterone for gender transition and still compete under the UIL steroid rules?
No. The AG concluded that providing steroids (including testosterone) to a minor to transition the minor's biological sex is not a 'valid medical purpose' under Education Code section 33.091, because …
Can a doctor who works at a Kansas county hospital also sit on that hospital's board of trustees?
No. The Attorney General concluded that a physician employed by a county hospital cannot simultaneously serve on that hospital's board of trustees. Because no Kansas statute expressly allows or forbid…
If I'm an Oklahoma resident and see a doctor in Texas or Arkansas, can that doctor send my prescription to my Oklahoma pharmacy without an Oklahoma license?
Yes. An out-of-state practitioner who treats an Oklahoma resident in the practitioner's home state does not need an Oklahoma medical license to provide care or to write a prescription, and does not ne…
When a Delaware city refuses to release records under attorney-client privilege, what does it have to put in writing to back that up?
More than a one-paragraph affidavit. Wilmington withheld correspondence about removing benches near a homelessness shelter, citing attorney-client privilege. The Solicitor's affidavit said only that t…
Does federal ERISA law override Texas's pharmacy benefit manager and pharmacy-contracting rules, even for health plans based outside Texas?
Probably not. The AG concluded that a Texas court would likely hold ERISA does not preempt the two sets of Insurance Code rules added by House Bills 1763 and 1919 (subchapters M and L of chapter 1369)…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
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