State AG Opinions
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Can a Texas conviction for unlawfully carrying a weapon before September 2021 be expunged along with the arrest records?
Probably, in the right case. The Nueces County District Attorney asked whether Code of Criminal Procedure article 55.01(a)(1)(C), which lets a person expunge all records and files relating to the arre…
Does the American Red Cross have to file disaster-relief financial reports with Tennessee, or is its federal status enough to exempt it?
No, the Red Cross does not have to file the quarterly disaster-relief reports required by Tenn. Code Ann. § 48-101-521. Because the Red Cross is a federal instrumentality already required to file deta…
Can a Delaware family obtain DHSS investigation records about a long-term care facility incident under FOIA?
No. DHSS properly denied a family member's FOIA request for all records relating to an alleged assault at a long-term care facility. The Division of Health Care Quality (DHCQ) investigates abuse, negl…
If the North Dakota Board of University and School Lands has lands that didn't lease at the first auction, can it hold a second auction, and does the second auction have to be at the county seat?
Yes and yes. Section 15-04-14 lets the Board lease unleased trust lands either by direct contract or by a second public auction, the choice being a discretionary call under its fiduciary duty. If it c…
Can a California developer get around the tentative-map requirement by quartering one parcel into four lots, selling them, then buying a contiguous parcel and quartering that one too?
No. If the same subdivider serially subdivides contiguous parcels, the local agency must aggregate the prior splits with the new application. Once that total reaches five or more parcels, the full ten…
Can a California county animal shelter refuse to release an owner-surrendered dog to a rescue group before euthanasia, based on the owner's representation that the dog is dangerous or has behavioral problems?
Yes, in narrow circumstances. If an owner documents on a surrender form that the dog is vicious or dangerous, the shelter can immediately euthanize. For 'behavioral problems' or no representation, the…
When a Virginia criminal case is appealed from district court to circuit court, does the electronic summons fee apply at both court levels?
Yes. In localities that have implemented the electronic summons fee under Va. Code § 17.1-279.1, the fee applies to a qualifying appealed criminal or traffic case at both the district court level and …
Can a California homeowners association with multiple gated entrances ban vendors from using certain gates while allowing them through others?
Yes. Civil Code section 4505(a) gives each separately owned interest a right of ingress through the common area, but does not guarantee any particular route. A homeowners association in a community wi…
Can a Helena-West Helena city employee block release of her personnel file when the custodian has already classified some records as exempt?
The Arkansas AG declined to give a record-by-record opinion because the records were not provided for review. The opinion lays out the standard FOIA framework: a custodian must classify each responsiv…
Can a Virginia judge credit a prisoner's in-prison kitchen or janitorial work against their court fines and costs?
No. A court may not grant an inmate community service credits toward fines and costs for work performed inside a state correctional center (such as janitorial or kitchen work), unless that work is per…
Can Tennessee pass a law banning political parties from charging candidates a fee to run under the party's banner?
Yes, in the AG's view. The proposed Senate Bill 1937 amendment to § 2-13-104, which would prohibit political parties from requiring fees to run as a candidate, is within the General Assembly's authori…
If I'm a witness or attorney participating remotely in a Tennessee court hearing from my home or office, can I still carry a handgun there?
Yes. The AG concluded that Tennessee's prohibition on weapons 'inside any building in which judicial proceedings are in progress' applies only to courthouses and similar buildings where a judge custom…
Does Washington's Open Public Meetings Act require the Eastern Washington University faculty academic senate to hold its meetings in public?
No, on these facts. AGO 2022 No. 2 says the EWU Academic Senate is not subject to the Open Public Meetings Act because (1) the Board of Trustees did not create it (the faculty did), and (2) it does no…
Can Arkansas State Police release personnel and evaluation records of a former employee who is now running for sheriff?
The Arkansas AG concluded the Arkansas State Police custodian's decision to release former employee Jim Milam's personnel and employee-evaluation records, with redactions, was mostly consistent with F…
Under California's privacy law, can a consumer demand to know the inferences a business has made about them, like 'likely voter' or 'pregnant'?
Yes. Under the California Consumer Privacy Act, internally generated inferences (like 'married,' 'homeowner,' or 'likely voter') a business has made about a consumer are personal information and must …
Can a California civil grand jury inspect the county jail, or is its 'public prisons' inspection power limited to state prisons?
Yes, civil grand juries can inspect county jails. The AG concluded that 'public prisons' in Penal Code section 919(b) is a generic term that includes local detention facilities, not a synonym for stat…
Does the federal government or Tennessee decide how Tennessee elections are run, and how does ADA accommodation for disabled voters fit in?
Tennessee runs its own elections under the Tennessee Election Code, but Congress can override state rules for federal elections, and federal anti-discrimination laws like the ADA can preempt state pro…
Are a Delaware captive insurance company's financial statements and dividend records public records under FOIA?
No. The Delaware Department of Insurance properly denied a request for Brighthouse Reinsurance Company of Delaware's annual and quarterly financial statements and dividend records. Those records were …
If a Delaware charter school's Board committee gets renamed as a 'team' that includes some former committee members, does the rebranded group escape FOIA's open-meeting requirements?
No. The Charter School of Wilmington restructured its Advancement Committee and called the new group an 'Advancement Team' that met December 3, 2021 without notice or minutes. The school admitted its …
Can a concealed-carry license applicant in Arkansas have fingerprints taken on a manual ink card and then scanned and emailed in?
No. The Arkansas AG concluded that under Ark. Code Ann. § 12-12-1005, a concealed-handgun-carry background check must be submitted electronically through the Online Criminal Background Check System, a…
What kinds of state financial support can Virginia provide to historically Black colleges and universities (HBCUs), including private HBCUs?
The Virginia Constitution generally prohibits direct state appropriations to private colleges, but several exceptions apply. The General Assembly may appropriate funds for the benefit of students at q…
After Vermont consolidated school districts under Act 46 in 2015 and the State Board of Education involuntarily merged some districts that voted not to merge, can the towns in those involuntarily-merged districts now use 16 V.S.A. § 724 to vote to withdraw from the merger?
Probably not. Section 724 lets a town vote to withdraw from a unified union school district 'that voted to form' the district. The plain language requires a prior vote to form. Towns that were involun…
What notice must a Mississippi county board of supervisors give for recessed, adjourned, or interim meetings?
Both apply, not one or the other. The Open Meetings Act notice requirement in Section 25-41-13 is in addition to the specific board-of-supervisors notice requirements in Sections 19-3-17 (recessed mee…
Can a Mississippi town pay a homeowner for water-line damage after the one-year MTCA notice period has passed?
Maybe, but probably not. Mississippi municipalities can settle a claim under Section 25-1-47 if the Board determines the town is legally obligated. But the Board has a duty to assert the MTCA's one-ye…
Can a Mississippi chancery clerk close the office independently before a hurricane, or do they need board of supervisors authorization?
No. The 2022 opinion concluded that a Mississippi chancery clerk does not have independent authority to close the office in anticipation of extreme weather. Under the Emergency Management Law (Section…
Can a Mississippi school district add three days of paid bereavement leave separate from sick or personal leave?
No. The 2022 opinion concluded that a Mississippi school board cannot create a new category of paid bereavement leave separate from sick and personal leave. The 'three bereavement days' in Section 37-…
Can a Mississippi county relocate its sheriff's office and county jail to a town that isn't the county seat?
Generally no. The sheriff's office must be at or within one-half mile of the county courthouse under Section 25-1-99. The county jail must be located at the county seat unless (1) specific legislation…
Who actually has to file electronically for an Arkansas prosecuting attorney's office under Administrative Order 21?
The Arkansas AG declined to interpret Arkansas Supreme Court Administrative Order 21 because it is the Court's order, not a statute. Section 10 of the order addresses registration and may answer the q…
Can a Kentucky watershed conservancy district base its assessment on the value of buildings, not just the land?
Yes. The Attorney General concluded that a watershed conservancy district under KRS Chapter 262 may levy its annual assessment in one of two ways: by a millage rate on the value of the real property, …
Did the Texas Attorney General say gender-transition procedures on minors are child abuse?
Yes, as a legal opinion. In February 2022, responding to a request from state Representative Matt Krause, Attorney General Ken Paxton issued Opinion KP-0401 concluding that the surgical and chemical p…
Can a Delaware public body hold an executive session before its publicly noticed meeting starts?
Yes, violation. The Diamond State Port Corporation Board held an executive session an hour before its noticed January 21, 2022 meeting start time, with no agenda mention of the executive session and n…
Can a Mississippi city council pay its members a monthly expense stipend or reimburse for cell phones, internet, and mileage?
No flat stipends, yes targeted reimbursements. A $200 monthly stipend would be additional compensation, banned by Mississippi Constitution Section 96 and not permitted by Section 21-8-21 (which sets c…
Does Mississippi's 28.75% cap on used-vehicle retail installment contracts override the 59% APR allowed under the Consumer Alternative Installment Loan Act?
No conflict, no controlling statute. The two statutes govern two different financing structures: Section 63-19-43 sets a 28.75% APR cap for retail installment contracts on used vehicles older than fou…
Can a Mississippi economic development district transfer legislatively-conveyed industrial park land to a city for a recreational sports complex?
Mostly no. Land that the Legislature conveyed to the Marion County Economic Development District (MCEDD) carries statutory and act-specific use restrictions tying it to industrial, warehouse, airport,…
Can the Oregon Racing Commission authorize a horse racing track to operate 225 historical horse racing (HHR) machines in a new entertainment facility on the racetrack grounds?
No. The Oregon AG concluded that 225 HHR machines would constitute both a casino and a lottery under the Oregon Constitution. Because Article XV, section 4(10) prohibits casinos, and section 4(1) proh…
After the West Virginia Legislature amended a statute to authorize the Commissioner of Agriculture to cancel certain low-rent state farm leases on 30 days' notice, did that amendment trigger a contractual cancellation clause that the Department's existing leases tied to legislative action that 'impair[s]' the lease?
Yes. The 2021 amendment to W. Va. Code § 19-12A-5(c)(4) reduced the value of the existing leases by giving the Commissioner unilateral cancellation authority. That counts as a legislative act that 'im…
Can a West Virginia county clerk record an out-of-state probated will when only one official (acting as both judge and court clerk) signed the authentication certificate?
Yes. When a single individual in the originating state served as both the probate judge and the court clerk, a single signature on the triple-seal certification is sufficient. W. Va. Code § 57-1-12 co…
If California declares a shelter crisis or state of emergency, does that automatically make the affected area a 'scene of an emergency' so volunteer medical providers get Good Samaritan immunity?
No. A shelter-crisis or state-of-emergency declaration does not, by itself, create a 'scene of an emergency' for Good Samaritan immunity. The Good Samaritan law in Health and Safety Code section 1799.…
Can the same person serve as a Kentucky city commissioner and on a county waste management district board at the same time?
Yes. The Attorney General concluded that, on the facts presented, serving as a Parkway Village city commissioner is not incompatible with serving as a director on a county waste management district bo…
Can Tennessee teachers, students, and visitors keep a handgun locked in their car while parked at a Tennessee school?
Yes, under Tenn. Code Ann. § 39-17-1313, if you can lawfully carry the handgun in Tennessee (with or without a permit) and you keep it concealed and locked in the vehicle, you can store it in a school…
Can a part-time assistant county attorney who represents the state in child-protection cases also run a private practice representing parents and children?
Partly. The Burleson County Attorney wanted to hire a part-time assistant whose only job would be representing the Department of Family and Protective Services in county child-protection cases, while …
If you ask one Delaware agency for crime statistics they don't have, can you complain when they tell you no, even if a different state agency has the data?
Mooted out. Amanda Fries asked DELJIS for 2020 and 2021 juvenile crime statistics. DELJIS doesn't compile that report; the Delaware State Police's State Bureau of Identification (SBI) does, for the FB…
Can a Texas county sheriff put up warning signs in a state highway right-of-way without TxDOT's permission?
No. The Goliad County Attorney asked whether the county could erect signs in the U.S. Highway 59 right-of-way after the sheriff put up Spanish-language signs warning human and drug traffickers to turn…
Can a Delaware agency hide an entire DMV form from FOIA just because part of it contains personal information?
Partial violation. The AG ruled DelDOT violated FOIA by issuing a blanket denial of all MV215 salvage certificate forms based on the DMV privacy statute. Some portions of the forms are not 'personal i…
Is the Texas Windstorm Insurance Association a state agency barred from using its funds to lobby the Legislature?
Probably not. The chair of the House Committee on Elections asked whether the Texas Windstorm Insurance Association (TWIA) is a state agency subject to Government Code section 556.006, which bars a st…
Can a Virginia public university require students to be vaccinated against COVID-19 to enroll or attend classes?
No. Absent specific authority conferred by the General Assembly, public institutions of higher education in Virginia may not require COVID-19 vaccination as a general condition of enrollment or in-per…
When can someone with a Tennessee handgun carry permit legally bring a gun into a courthouse?
If a judicial proceeding is happening anywhere in the building, the answer is almost never. Tennessee bars all firearms in buildings where judicial proceedings are in progress, regardless of permit st…
Can a Fort Smith employee block release of just her name in connection with her public-employee compensation data?
The Arkansas AG concluded the City of Fort Smith custodian's decision to release employee names along with salaries, hire dates, and position titles was consistent with the FOIA. Christi Fisher's obje…
Can a Fort Smith employee block release of her compensation data because she does not know how the requester will use it?
The Arkansas AG concluded that the custodian was correct to release City of Fort Smith employee names, salary, hire dates, and position titles while redacting sensitive personal information. The recor…
Can a Fort Smith employee block release of her name, salary, hire date, and position by claiming the requester might use the data improperly?
The Arkansas AG concluded the City of Fort Smith custodian was correct to release employee names, salary, hire dates, and position titles while redacting sensitive personal information. The record sub…
Does an ongoing police investigation let Little Rock withhold all FOIA records relating to the police chief involved in an officer-involved shooting?
The Arkansas AG concluded that Little Rock's plan to withhold or partially withhold records relating to police Chief Keith Humphrey based on an ongoing criminal investigation was outside the AG's revi…
When a California school district is in fiscal distress, can the county superintendent of schools block the district from issuing bonds?
Yes. Once a district is determined unable to meet its financial obligations for the current or next fiscal year, the county superintendent can stay the bond issuance, and can keep that stay in place p…
Can a West Virginia municipal police or fire pension fund credit fractional years of service when calculating retirement benefits over 20 years of service, and what does the fund have to do if it has been doing so?
No. W. Va. Code § 8-22-25(b) refers to 'years of service completed,' meaning whole years; partial years cannot be counted toward the additional 2%-per-year and 1%-per-year benefits past 20 and 25 year…
Can a Fort Smith city employee block release of her name, salary, hire date, and position under the Arkansas FOIA?
The Arkansas AG concluded that the basic employment information requested (employee names, salary, hire dates, position titles) is subject to FOIA inspection and copying, and the custodian was correct…
After Washington's 2021 police-reform law (E2SHB 1310), when can a police officer use physical force on someone, and does that include reasonable-suspicion stops or taking a person to a mental-health hold?
Force is sharply restricted. AGO 2022 No. 1 says E2SHB 1310 likely makes its list of permissible uses of force exclusive: officers may use physical force only to (1) protect against criminal conduct w…
Can a North Dakota school board enter executive session for 'negotiations of contracts' without saying which contract is being negotiated?
No. A motion or notice saying only 'executive session for negotiating strategy' or 'Negotiations of Contracts' does not give the public enough information. Under § 44-04-20(2) and § 44-04-19.1(9), the…
How long can a North Dakota county take to respond to an open records request before the delay itself is a violation?
Even a correct denial does not save you if you waited too long to respond. Stark County's eleven-day silence before any acknowledgement, attributed to staff turnover and an election, was an unreasonab…
Can a Texas school district sell alcohol at a banquet hall inside its football stadium when it leases the space for private events?
The AG would not give a yes-or-no. Canyon Independent School District rebuilt a locker-room building at its football stadium and added a second-floor banquet facility (no classrooms inside), which it …
Can the State of Arkansas keep your tax refund to pay an unpaid driver's license reinstatement fee?
Yes. The Arkansas AG concluded that driver's license reinstatement fees imposed under Ark. Code Ann. §§ 5-65-119, 27-16-508, and 27-16-808 are 'debts' to the State within the meaning of the Setoff Aga…
Does a Mississippi economic development district need an appraisal or court approval to sell industrial property to a private business?
No appraisal or court approval needed up front, but good and valuable consideration is required. The economic development district decides what counts as good and valuable consideration and records th…
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