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 allow electric stand-up scooters on its public streets and sidewalks?
It depends on the scooter's design. Mississippi has no general law on motor-assisted stand-up scooters. If a particular scooter qualifies as an 'electric personal assistive mobility device' under § 63…
Can a Mississippi city wipe out a resident's past garbage bill for the months when the city had taken away their garbage can?
Yes, but only for the period of no service. If the City of Petal makes a factual finding that the resident did not receive garbage service during a specific period (because the city had removed her ga…
Can a Mississippi county board of supervisors force elected officials' offices onto a new countywide payroll schedule?
No, not for officials who have adopted their own personnel system. § 19-2-9(2) lets each elected county official either adopt their own personnel system or default to the board's. If the official has …
After Washington's 2021 and 2022 police-reform laws, can an officer use physical force when rendering emergency aid, can an officer use a chokehold to save a life, and how strictly should courts read the law's words like 'available' and 'appropriate'?
Force during emergency aid is sharply limited; chokeholds remain banned but officers have a defense; and the words mean what they ordinarily mean. AGO 2023 No. 1 says officers cannot use physical forc…
Can a Florida circuit court clerk sell uncollected court-ordered debts (court costs, fines, attorney-fee liens) to a third-party debt buyer?
No. Section 28.246, Fla. Stat. lays out an exhaustive list of how clerks must pursue collection of court-ordered debts (in-house, payment plan, private attorney, or registered collection agent). Outri…
If county commissioners meet one-on-one with the same official to discuss the same project, does that violate North Dakota's open meetings law?
Yes. The North Dakota Attorney General held the Billings County Commission violated open meetings law when its three commissioners met individually, on the same day, with the NDDOT director about the …
How does Mississippi remove a school board member who has moved out of the district, and are the votes they already cast still binding?
The school board itself decides whether a trustee has moved out of the district and thereby vacated the office, after giving the trustee due process. If the board concludes the trustee was disqualifie…
Can a Connecticut childcare provider get a state license without a Social Security number, by using an ITIN instead?
Yes. AG William Tong concluded that the Office of Early Childhood must ask for and record SSNs (and EINs) from license applicants who have them, but cannot deny a license simply because the applicant …
In Tennessee, does a district public defender have to accept appointments to represent indigent defendants in general sessions court?
Yes. When a Tennessee general sessions court appoints the district public defender to represent an indigent person in a criminal prosecution or juvenile delinquency proceeding that could result in a l…
Does an appointed city council member have to file a duplicate oath of office the same way that a state officer commissioned by the Governor does?
No. The Arkansas Code contains no provision requiring an appointed city council member to execute and file a duplicate oath of office. The constitutional oath under Ark. Const. art. 19, § 20 is requir…
Does Delaware recognize a deliberative process privilege that lets DNREC withhold raw PFAS sampling data from FOIA?
No. DNREC violated FOIA by denying AP reporter Randall Chase access to raw PFAS sampling data and related internal correspondence under a deliberative process privilege theory. Delaware courts have no…
Can my Arizona county make me pay for a full land survey before it will approve splitting my parcel into smaller lots?
No. Under A.R.S. § 11-831(B)(3), a county must approve a qualifying land division if the applicant supplies a statement from a licensed surveyor or engineer about physical access (and meets the three …
If a fintech company lets workers withdraw their already-earned wages a few days early, does it have to be licensed as a consumer lender in Arizona?
No, not if the product is truly non-recourse and charges no finance charge. The AG concluded that a fully non-recourse Earned Wage Access product (no debt collection, no credit reporting, no legal cla…
Can the public request to inspect or copy voted ballots after an election under the Arkansas FOIA?
No. A voted ballot is not open to public inspection or copying under the Arkansas FOIA. The exemption is in A.C.A. § 25-19-105(b)(27)(A): ballots, other than sample ballots, are not deemed open to the…
When a Delaware agency invites stakeholders to advise on policy changes, do those meetings have to be open to the public?
Yes, when the group is appointed by a public official and charged with making recommendations. The Parks Director's surf-fishing Stakeholder Workgroup met four times to develop recommendations for the…
Can a city council president use a FOIA petition to allege that three other councilmembers held secret meetings about a tourism director hire, and what does the AG do when the suspicion seems plausible but everyone swears it didn't happen?
Affidavits win. Council President Michael Platt alleged that three other New Castle City Council members coordinated outside public meetings to flip the tourism-director hire. The three swore under oa…
Can a city add two extra members to a five-member utility commission by ordinance?
No. A utility commission established by a first-class city under A.C.A. § 14-201-105 to operate the city's waterworks and/or electric light plant must have exactly five members. The statute mandates '…
What can a Texas online notary add to a document, what fees can they charge, and what has to be redacted before sharing the record?
The AG answered three online-notary questions. First, an online notary may add extra information like a barcode to the notarial certificate or elsewhere on the document, as long as it does not interfe…
Who decides how Texas ballots get numbered, and can a voting machine print the number instead of using pre-printed ballot stock?
The county elections administrator decides, and yes, a machine can print the number. Hood County switched to a hybrid voting system (the Hart Verity 2.4) and asked three questions about Election Code …
Can Maryland's Governor or General Assembly cut or redirect the casino-funded money set aside to repay Built to Learn Act school construction bonds?
The opinion concluded that the Built to Learn Act's requirement to move a fixed amount each year from the casino-funded Education Trust Fund into the school construction bond repayment fund is a const…
If a Nashville-style stadium has 25,000 permanent seats and 5,000 temporary seats, can the city still levy the 'municipal stadium' privilege tax?
Yes. The 30,000-seat threshold in § 7-3-202(a)(3) for the metropolitan government's privilege tax counts both permanent and movable/temporary seats. The statute requires that the stadium 'contain seat…
What can I do if a Delaware public body just ignores my FOIA request?
It is a FOIA violation, and a recurring one. The AG ruled the Fort DuPont Redevelopment and Preservation Corporation violated FOIA by ignoring two audit records requests, ordered a 10-day estimate, an…
Can a Mississippi school district pay teacher's assistants their 10-month wages over 12 months so they keep getting paychecks in the summer?
Yes. Mississippi law contains no prohibition on a school district paying teacher's assistants their wages in 12 equal monthly installments, even though they only work 10 months. The pay can be set on …
Can a Mississippi county sell surplus property to a private business below cost, and can it instead donate the property to an economic development district?
Two pieces. Yes, a Mississippi county can sell surplus property to a private business at less than the county paid, as long as the board makes the findings § 19-7-3(3) requires and gets some good and …
When a California county supervisor dies mid-term, when must the election to fill the seat be held?
Yes. The 'next general election' for purposes of filling a board of supervisors vacancy in a general law county under Government Code § 25061 means a date that qualifies as a general election under El…
Can a teacher at a North Dakota religious private school receive a state grant for mentoring new teachers, or does the state constitution's Blaine Amendment block it?
Yes. The North Dakota AG concluded that teachers at religious private schools may receive grants from the state Teacher Support System for mentoring new teachers. North Dakota's Blaine Amendment, whic…
After Maryland partially legalized cannabis, could police still search a vehicle or person based only on cannabis odor?
The Attorney General predicted that cannabis odor from a vehicle would likely still supply probable cause to search the vehicle after partial legalization, because the vehicle might contain evidence o…
Can a Delaware agency withhold an employee settlement agreement as a 'personnel file' just because the dispute went through the Merit Employee Relations Board?
Not automatically. DNREC initially withheld a $94,066 settlement with a former Planner IV under the personnel-file exemption because the dispute came from a MERB grievance, but on a second look it agr…
Can a former employee block release of her personnel file because the records are old, or because they contain her signature?
Two objections rejected. First, age of records is not a FOIA exemption. The Arkansas General Records Retention Schedule sets MINIMUM retention periods; agencies may keep records longer. As long as a r…
Are settlement agreements that the University of Delaware enters with employees or others available under FOIA, or can UDel withhold them because the settlements weren't paid from State money?
UDel can withhold them. Delaware FOIA only covers two slices of UDel: full Board of Trustees meetings, and University documents that 'relate to the expenditure of public funds.' UDel's general counsel…
Can a Delaware agency charge a $198 cost estimate to compile records that the requester believes should be readily available?
Yes, when the agency justifies the estimate. DelDOT supplied a sworn affidavit from the Chief of Right of Way explaining tab sheets are not in a centralized file, identifying the lowest-paid employees…
If a Delaware school board member has been elected but not yet sworn in, can that person sit in on an executive session?
Yes, narrowly. Victor James Leonard, Sr. was elected to the Red Clay Consolidated School Board on May 10, 2022, with a term beginning July 1, 2022. He attended two executive sessions on July 11 and 13…
Can a Mississippi county board of supervisors override the tax assessor/collector's chosen effective date for employee raises?
No. As long as the raises fit within the tax assessor/collector's approved annual budget, the elected tax assessor/collector decides the effective date of prospective raises for the office's employees…
Can a Mississippi sheriff also draw separate pay for running the county's FEMA Safe Room?
Yes. The salary cap in Miss. Code Ann. § 25-3-25 applies only to a sheriff's pay for performing sheriff duties. A sheriff can hold separate employment, like running a FEMA Safe Room in the county emer…
Can a county use a sales tax dedicated to 'emergency services' to pay 911 dispatcher salaries?
It depends on the language of the levying ordinance and the ballot title approved by Perry County voters in November 2020. The Arkansas Constitution (art. 16, § 11) prohibits using tax revenue for any…
When a power company files an apportionment error on its public utility property, can the county tax collector fix the error to redistribute taxes correctly among the taxing districts?
No. A Mississippi county tax collector has no authority to unilaterally correct errors in the apportionment of public-utility assessment values approved by the Department of Revenue. The Department of…
Can a Mississippi city locate a polling place outside its city limits to align with the county?
No. Miss. Code Ann. § 23-15-557 lets a municipality choose how many precincts and where polling places are, but every polling place must be within the city limits. Aligning with county precincts is al…
Do unpaid dividends from a self-insured workers' comp group have to be remitted to the Mississippi State Treasurer as unclaimed property?
No. The Mississippi Unclaimed Property Act (§ 89-12-1 et seq.) was amended in 2006 to exclude 'future or prior dividends' made by self-insured workers' compensation groups from the definition of intan…
When the state takes over a Level V school district's personnel authority, can the local school board still go into closed executive session?
If a governing body lacks authority to consider any of the personnel matters that may properly be considered in executive session, then it cannot legally hold a closed meeting under the FOIA's personn…
Can an insurance company defending a fraud claim get Wilmington police body camera and street surveillance footage under FOIA?
Mixed. The City of Wilmington properly withheld three officers' body camera footage of a motor vehicle accident under § 10002(o)(3) (investigatory files compiled for civil or criminal law-enforcement …
Can a Minnesota public school give a student with unpaid meal debt a 'minimum meal' (like a peanut butter sandwich) instead of the scheduled lunch other students receive?
No. Under Minn. Stat. § 124D.111, subd. 5(a) (added by the Legislature in 2021), schools that participate in the federal school lunch program must provide meals respectfully and cannot limit a student…
If someone steals a blank personal check, forges the accountholder's signature, and cashes it in Virginia, should the prosecutor charge forgery and uttering under § 18.2-170 (Class 4 felony) or § 18.2-172 (Class 5 felony)?
Charge under § 18.2-172 (Class 5 felony). The AG concluded § 18.2-170 covers counterfeiting of currency (historically private banknotes, now Federal Reserve notes), not personal checks. Forgery of per…
If a North Dakota provider is charged with performing an abortion, can the provider disclose the patient's protected health information to mount an affirmative defense?
Yes. The North Dakota AG concluded that HIPAA does not prevent a defendant charged under N.D.C.C. § 12.1-31-12 from disclosing a patient's protected health information to assert an affirmative defense…
If a Delaware public body recorded its meeting, can I get the recording even after a related lawsuit is filed?
Yes. The AG ruled the State Employee Benefits Committee violated FOIA by withholding the September 19, 2022 meeting recording. Once a public body records a public meeting, the recording is treated lik…
When a transit authority like CARTA serves multiple cities and counties, which jurisdiction's purchasing rules apply to its contracts?
A transit authority created by one or more cities or counties under §§ 7-56-101 to -109 acts as an arm of those participating governments. It must follow their purchasing laws (competitive bidding, et…
After a juvenile-court judge orders a child detained pending an adjudication hearing, who is responsible for transporting the child to and from court?
The duty splits in two phases. First, the person (usually a law-enforcement officer) who took the child into custody is responsible for transporting the child to the court-ordered detention facility u…
Can a Delaware city council take a discussion of police overtime, vacation, and city-vehicle use into a private executive session, and does the council have to put detailed background materials in the public meeting packet?
Not all of it. Dover City Council voted to defer Item 27 (special-event overtime, vacation, and city-vehicle usage) to a future executive session. The AG warned the Council that a general discussion o…
If a Mississippi city attorney does work for a separately-funded tourism commission, who pays?
The city. Under § 21-15-25, the municipal attorney is paid by the municipality. If the work for the Greenwood Tourism Commission falls outside the contracted-for duties, the city can pay additional co…
Can the state release a list of executive branch employees with names, salaries, and demographic data, while withholding personnel ID numbers?
Yes. The Office of Personnel Management's decision to release records on Executive Branch employees (names, titles, departments, race, gender, full/part-time status, location, hire/termination dates, …
Does Mississippi's $400 cost cap in commitment proceedings cover hospital and physician fees, or just court costs?
All costs incidental to court proceedings. The $400 cap in § 41-21-79 includes court costs, prehearing hospitalization, transportation, attorney fees, and physician/psychologist/nurse fees. The cap ap…
Can a Mississippi town shut off water service from another utility to collect on its own sewer bill?
No. Under Miss. Code Ann. § 21-27-23(e), a Mississippi municipality can discontinue services for nonpayment, but only services the municipality itself provides. The Town of Flora does not own the wate…
If a Mississippi city missed the original deadline to grant an industrial replacement-equipment tax exemption, can it still grant a new application years later?
Yes, but only going forward. A Mississippi municipal authority can grant a new (subsequent) replacement-equipment tax exemption application even after the original June 1 filing deadline was missed. T…
If a California school board member resigns mid-term after the district moved to by-trustee area elections, who fills the seat under which boundaries?
On both questions: no. When a school district moves from at-large to by-trustee area elections (or revises trustee area boundaries after the decennial census or to comply with the California Voting Ri…
If a voter's ID shows they were once a non-citizen but they say they're now a U.S. citizen, can a North Dakota poll worker demand proof of citizenship before letting them vote?
No. The North Dakota AG concluded that an election official cannot require a voter to provide documentary proof of citizenship. Current statute only authorizes verification of name, age, and residence…
Can a former county judge who retired through TCDRS fill in as a visiting judge when a Texas county judge is absent?
Probably not. Lampasas County asked whether a former constitutional county judge, who retired under the Texas County and District Retirement System but does not meet the Government Code's definition o…
If no probation revocation hearing happens within 21 days, must the Mississippi sheriff release the probationer?
Yes. Section 47-7-37(3) makes release mandatory if a probation revocation hearing is not held within 21 days of detention. The sheriff physically holds the probationer and must release them, even if t…
If the CDC adds COVID-19 to its childhood immunization schedule, does my Virginia child have to get the shot to go to school or daycare?
No. Even if the CDC adds COVID-19 vaccination to its recommended childhood immunization schedule, Virginia children will not be required to obtain the vaccine to attend schools or childcare facilities…
Can Mississippi's Wildlife Commission allow commercial trade of farmed white-tailed deer between licensed breeders?
Yes. Mississippi generally bars buying or selling game animals (§ 49-7-51), but the statute carves out trade 'specifically permitted by law or regulation.' The Commission has plenary authority over wh…
Can a Mississippi justice court ask city police to serve criminal contempt warrants when constables and the sheriff have failed?
Yes, within municipal jurisdiction. Under MRCrP 3.2 and § 99-3-1, municipal police can serve justice court arrest warrants when the suspect is within city limits. But § 25-7-25 has no provision author…
Can a Mississippi tax collector seize and sell personal property over a lender's lien to collect delinquent personal property taxes?
Yes. Under § 27-41-101 a Mississippi tax collector can give notice, file a tax lien with the circuit clerk for enrollment as a judgment, and issue a warrant under § 27-41-103 directing the sheriff to …
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.