State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a Mississippi city library use a general appropriation from the city to fund repairs and maintenance, or does the city council have to vote a separate special appropriation?
Yes. A Mississippi public library system created under Article 1 of Title 39 Chapter 3 may use a city's general appropriation, with no special set-aside required, to make repairs and maintain its faci…
In Mississippi, can someone running for county election commissioner show a political party label on the ballot, and can a sitting commissioner stay in their party?
Yes, with strict limits. A candidate for county election commissioner may declare a party affiliation and have it printed on the ballot under Section 23-15-213(3). A sitting commissioner may remain in…
Can current and former Rock Region METRO employees block release of their compensation data under Arkansas FOIA?
No. Names, hire dates, salaries, bonuses, overtime, gross wages, and position titles of current and former Rock Region METRO employees must be released under FOIA. The kind of information requested is…
Can a police officer block release of his promotion dates and photo because he suspects the FOIA requester wants to harass him?
No, the officer cannot block release. Under Arkansas FOIA, the requester's intent and motives are generally irrelevant when determining whether public records must be disclosed. The fact that Captain …
Does Washington County's 99-year, $1-per-month lease of land for veterans housing violate the Arkansas county-sale statute?
No. Washington County's 99-year lease of land to a private partnership for veterans housing is a lease, not a sale, and A.C.A. § 14-16-105 expressly excludes leases. The county-sale rules (sealed bids…
Can a sheriff's office release the Internal Review of a deputy who 'voluntarily' resigned just before being fired?
Yes. Sebastian County Sheriff's Office can release the Internal Review of former deputy Thomas Gage. A 'forced or coerced resignation' (resigning in the face of impending termination) operates as a co…
Does Arkansas's driver-license suspension law apply to non-epileptic seizure patients and to one-time DBS-surgery-caused seizures?
Yes to both questions. A.C.A. § 27-16-909 applies to all licensed drivers, including non-epileptic seizure patients and people who had a single seizure caused by Deep Brain Stimulation surgery. The Of…
Can two remaining directors fill vacancies and adopt bylaws for a South Carolina nonprofit volunteer fire department?
Possibly. South Carolina nonprofit law can allow directors remaining below a quorum to fill board vacancies, and it gives directors or voting members different powers to adopt or amend bylaws. The AG …
Can the Arkansas Public Defender Commission release suspension and termination letters about a former employee facing criminal charges?
Yes. The Arkansas Public Defender Commission's decision to release a former employee's suspension letter, termination letter, and email correspondence (with personal contact information redacted) is c…
Can an Arizona city require contractors on its public works projects to pay at least the prevailing wage, despite the state Prevailing Wage statute saying political subdivisions can't impose prevailing-wage rules?
Yes. Attorney General Kris Mayes concluded that the voter-approved Minimum Wage statute (A.R.S. § 23-364(I), Props. 202 and 206) authorizes counties, cities, and towns to regulate minimum wages within…
If a South Carolina school board posts several documents called an agenda, which one counts as the legal public-meeting agenda?
The document's title is not controlling. The AG said a court would likely identify the agenda by asking which list of items was publicly posted at least 24 hours before the meeting and whether the boa…
Are statements collected during a South Carolina State Election Commission audit automatically exempt from a public-records request?
No. The FOIA privacy exemption does not automatically cover every election-audit interview. A court must review the information case by case and balance the interviewee's privacy interest against the …
Can a Delaware city refuse to release public-records data that overlaps with a pending lawsuit?
Yes. The AG ruled the City of Wilmington did not violate FOIA by denying access to monthly vehicle booting and towing statistics under 29 Del. C. § 10002(o)(9), the pending-litigation exemption, where…
Can one person serve on the Cherokee County Council and also hold Cherokee County's seat on the Spartanburg County Commission for Higher Education?
No. The AG concluded that both positions are public offices that exercise part of the State's sovereign power, so holding them at the same time would violate South Carolina's constitutional dual-offic…
Can a public water utility release customer-usage data after stripping out names, or is the data itself confidential?
No. Even if you strip out names and addresses, customer-usage data from a public water system or municipally owned utility is itself exempt from Arkansas FOIA disclosure. The General Assembly listed c…
Can the West Virginia State Conservation Committee prorate the daily per diem rate for conservation district supervisors so they get paid by the hour rather than a flat $150?
No. 'Per diem' under W. Va. Code § 19-21A-7(c) means 'by the day' or 'for each day.' The statute uses the singular 'a per diem' twice and provides a daily rate range of $30 to $150 with no proration l…
What problems did the Idaho AG flag with the proposed open primary and ranked choice voting initiative?
Many. The Cert flagged: a single-subject rule violation (open primary plus ranked choice voting are two distinct subjects under § 34-1801A); attempted self-titling that the AG must do; multiple intern…
Will the Arkansas AG say whether Act 372 covers cartoon depictions of minors, or only depictions of identifiable real children?
The AG declined to answer. The question of whether Act 372 reaches cartoon or drawn depictions of minors (versus only depictions of real, identifiable children) was directly at issue in *Fayetteville …
Can a full-time assistant public defender also serve as part-time special counsel to a Louisiana parish council?
Yes. Louisiana's Dual Officeholding and Dual Employment Law does not bar a full-time assistant public defender employed by a judicial district public defender from also serving as part-time special co…
Does Delaware FOIA force a public body to mail or email me copies of records, or can the agency just say 'come in and inspect them'?
The agency does not have to send you copies. Delaware FOIA requires public bodies to make records available for inspection and copying during business hours, but 29 Del. C. § 10003(a) does not obligat…
Did the Arkansas AG approve the LEARNS Act referendum ballot title for circulation, and what's the catch?
The AG certified the LEARNS Act referendum's popular name and ballot title (third version, 8,154 words spanning 16 pages) because, by essentially copying every section of Act 237, it cannot be called …
What can an Arkansas city legally spend its general sales-tax money on, and what is off-limits?
Mostly no on the spending plans Representative Flowers asked about. Arkansas cities can use sales-tax revenue only for purposes authorized by the statute that allowed the tax and the local levying ins…
Can someone other than a coroner sign off on a cremation in Louisiana, and can the coroner charge the family or the funeral home for the permit?
Only a coroner, deputy coroner, or assistant coroner can issue a cremation permit in Louisiana. The coroner cannot charge the family or the funeral home for the permit; the parish or municipality is r…
If I create a family subdivision in rural Virginia, do VDOT's highway access standards still apply to my new driveway entrance, or am I exempt because the lot is family-only?
VDOT's Access Management Design Standards still apply. A family subdivision is exempt from much of the local subdivision ordinance, but it is not exempt from state law. If the new entrance qualifies a…
Can the California Legislature give the State Bar power to regulate non-attorney legal document assistants?
Yes. The California Legislature has plenary power except where the state Constitution explicitly limits it. Article VI, § 9 makes the State Bar a constitutional public corporation but does not limit i…
Can a former Arkansas Department of Education employee block release of his termination letter?
Yes, the termination letter must be released. When a termination letter includes the grounds for termination, it is classified as an employee evaluation. It must be disclosed if (1) the termination is…
When a workplace investigation produces interview notes about multiple employees, what is releasable under Arkansas FOIA?
Partly consistent. The interview question sheets in the ATRS workplace investigation are 'mixed records' (both personnel records of the interviewee and employee-evaluation records of the complainant o…
Can an Arkansas school board hold a closed meeting to discuss responding to a ransomware attack?
No. The Arkansas FOIA permits executive sessions only in four narrow categories (certain personnel matters, state licensing exam preparation, water-utility security, and child-maltreatment investigati…
Does the State of Oklahoma own the Grand River Dam Authority's assets, and what would happen to the proceeds if the Legislature ordered GRDA to sell?
Yes, the State owns GRDA and its assets, and GRDA's funds are public funds. The Legislature can direct GRDA to sell or dispose of assets, but bondholders and contractual customers must be paid first. …
Can the same Arkansan serve as both Justice of the Peace and town council member at the same time?
The dual-office statute the question asks about (A.C.A. § 14-14-1202(c)(3)(A)) bars JPs only from city councils, not town councils. But Article 7, § 53 of the Arkansas Constitution and A.C.A. § 14-14-…
Can a Tennessee court clerk require people to put up a deposit before letting them bid at a delinquent property tax auction?
No. Court clerks are ministerial officers with only the powers expressly given by statute. Nothing in Tennessee's delinquent tax sale statutes authorizes a clerk to require a bidder deposit, so the cl…
If a Mississippi county orders road equipment before the supervisors' last six months in office but the equipment doesn't arrive until after the cutoff, does that violate the six-month rule?
No violation. Mississippi Code § 19-11-27 prohibits a board of supervisors from buying machinery or equipment in the last six months of their term. The 'buying' happens when the purchase requisition r…
Can a Texas city use a voter-approved maintenance-and-operations property tax increase to pay debt service for a transit project, or promise that money to a transit corporation forever?
No on both counts, as the AG read it. A tax-rate increase election under Tax Code section 26.07 only forces a city to get voter approval before raising its rate; it does not 'authorize' spending the m…
Can Mississippi's child-protection agency spend its state funds to buy a parent a car or pay private-school tuition for a child in state custody?
Before July 1, 2023, no. Mississippi Department of Child Protection Services state funds could not be used to buy a vehicle for a parent of a child in agency custody, or to pay private school tuition …
Can a California city remove a councilmember who skipped 70 consecutive days of meetings during summer recess?
Yes, leave to sue is granted. Substantial questions of law and fact exist on whether Moreno Valley District 3 Councilmember David Marquez was absent without permission from all regular city council me…
In Arizona, can a county board of supervisors decide on its own to hand-count every ballot from a general election?
No. A.R.S. § 16-602 sets the audit at a small random sample (at least 2% of precincts and 1% or 5,000 of early ballots, whichever is less). A county cannot turn the initial audit into a 100% manual re…
Does Oklahoma's state firearms preemption law (21 O.S. § 1289.24) prevent a city from enforcing a general zoning rule that bars retail sales out of homes in residential areas?
No. The firearms preemption statute occupies the field of firearms regulation, but it does not reach generally applicable land-use regulation. A city zoning rule that bars all home-based merchandise s…
Can a Delaware voter use FOIA to get poll book certification forms and voting machine certificates after an election?
No. The AG ruled poll book certifications and voting machine certificates are 'voting materials' that 15 Del. C. § 4980 requires to be stored undisturbed and locked for 22 months after the election, w…
Should the AG grant the City of California City leave to sue a councilmember in quo warranto for allegedly accepting a legally incompatible second public office on a health care district board?
Yes. The AG concluded there was a substantial legal question whether serving as both a city councilmember and an East Kern Health Care District board member violates Government Code § 1099, and that t…
Does a Mississippi town have to withhold state income tax from aldermen's pay and from the city attorney's pay?
For state taxes, aldermen are employees of the town and their pay is subject to state income tax withholding. The city attorney is either a town employee or an independent contractor, depending on fac…
Can a Mississippi city require apartment complexes and multi-unit housing developments to install security cameras and turn over the recordings to police?
No. A Mississippi city is not authorized under § 21-17-5 (home rule) or § 21-19-15(1) (police regulations) to require private apartment complexes to install security cameras or to maintain and provide…
Does a Mississippi justice court judge get an automatic raise when the county's population grows past a salary-tier threshold?
No raise for population growth alone. A Mississippi justice court judge's salary under Section 25-3-36(2)(b) is locked to the salary scale in effect on September 30, 2008, not the current population. …
Once the 60-day congressional review window for a DC criminal-law amendment runs out, can the U.S. Senate still kill the amendment with a late disapproval resolution?
No. Section 602(c)(2) of the Home Rule Act starts the clock on the day the Council Chairman transmits the act to the Speaker and the Senate President, not on the day either chamber notes the transmiss…
When my Virginia general registrar's four-year term ends, does the electoral board have to reappoint the incumbent, or can it pick someone new?
The board does not have to reappoint the incumbent. State law gives the board discretion to pick someone else when the four-year term ends, but the decision must be on legitimate grounds, not politics…
Can two Arkansas constables enter into an interlocal cooperation agreement for mutual law-enforcement aid?
No. Individual elected constables are not 'public agencies' under A.C.A. § 25-20-103(1). The list of qualifying public agencies (school district, political subdivision, state or federal agency, water …
Why did the Arkansas AG reject the LEARNS Act referendum's second-draft ballot title?
Rejected. The second draft of the LEARNS Act referendum ballot title fails on multiple grounds: it omits summaries of numerous LEARNS Act provisions (vendor mandatory reporting, employment information…
Can the Arkansas LE Standards Director refer an officer for decertification when the employing agency declines to do so?
Yes. The Director of the Division of Law Enforcement Standards and Training has authority to request a decertification hearing for a commissioned law enforcement officer in Arkansas, even when the emp…
Can a dental hygienist in Arizona inject Botox if the supervising dentist asks her to and she has the training?
Yes, a dental hygienist may administer Botox if four conditions are met: the supervising dentist prescribes or recommends the procedure, the hygienist has training to do it safely, the work is done un…
When someone is committed to Oklahoma state mental health custody after being found not guilty by reason of mental illness, do they have a right to a lawyer at later hearings on Forensic Review Board recommendations, and can the public defender system represent them?
Yes to both. The committed person has a statutory right to counsel at every hearing arising from a Forensic Review Board recommendation (therapeutic visit, conditional release, or discharge). And the …
Can the Oklahoma Legislature direct how TSET (Tobacco Settlement Endowment Trust) money is spent, and can TSET money be used for Medicaid?
The Legislature cannot authorize or approve specific TSET expenditures; only the TSET Board of Directors can. The Legislature can recommend uses, but those recommendations are not binding on the Board…
Can a Mississippi bus driver bring their own kids on the school bus when transporting students to a game or other school event?
No. Mississippi law lets school buses carry students to athletic or extracurricular events only when those students are participating in the event. The driver's own kids, grandkids, or wards may not t…
Can a Mississippi city zone a county-owned utility plant or pass an odor ordinance against it?
Cities can apply reasonable zoning ordinances and odor regulations to county utility authorities like JCUA, but cannot enact ordinances that effectively prevent the authority from fulfilling its statu…
Can a Mississippi community college nursing program require students to get the COVID-19 vaccine?
Generally no. HB 1509 makes it unlawful discrimination for a Mississippi public community college to deny educational opportunities based on COVID-19 vaccination status, including in nursing programs.…
When the Mississippi Workers' Compensation Commission hires, fires, promotes, or demotes staff, does the chairman decide alone or does the full Commission act as a body?
It depends on the action. The chairman acts alone on day-to-day administrative work and case-assignment decisions. But for promulgating rules and regulations, including rules for the appointment, prom…
If a foreign individual buys more than 320 acres of Mississippi farmland, is the deed automatically void, or does the land go to the state through escheat?
The transfer itself is not declared null and void by Section 89-1-23. Instead, land held or acquired contrary to the statute 'shall escheat to the state.' That distinction matters: the deed is effecti…
In Arizona, can a sheriff put someone in a deputy or posse role and have them act with police powers if AZ POST has not certified them?
No. Anyone exercising peace-officer authority in Arizona must be AZ POST-certified or fall within one of six narrow statutory exceptions, and 'chief deputy sheriff' and 'posse member' are not on that …
When do Arkansas laws passed in 2023 without an emergency clause take effect?
August 1, 2023. Acts of the 94th Arkansas General Assembly that lack an emergency clause or specified effective date take effect the day after the 90-day referendum petition window ends. The legislatu…
Can the City of Conway withhold all records of an internal investigation when the requester is the complainant himself?
No, the blanket withholding is inconsistent with FOIA. A police officer who filed a complaint against his department and chief made a FOIA request for the investigation records. Conway tried to withho…
Can a Tennessee private K-12 school that also runs a preschool on the same campus let its teachers carry concealed handguns under § 49-50-803?
Yes, as long as the school adopts the policy in compliance with § 49-50-803 and only allows faculty with a valid Tennessee enhanced handgun carry permit (not the concealed carry permit under § 39-17-1…
What happens to Highfill's airport-related sales tax and bond obligations if the airport detaches from the city?
All three questions about Highfill's regional airport authority are answered by the Regional Airports Act and Act 769 of 2023. (Q1) After detachment, sales tax for bond payments is levied by city/airp…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.