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 a Mississippi city spend public money to promote a non-binding referendum's outcome the city wants?
No. The 2021 opinion concluded that the City of Diamondhead may not lawfully expend municipal funds to promote non-binding referenda where the promotion is meant to influence the outcome. The Mississi…
Can the federal government legally require COVID-19 vaccinations for businesses with one hundred or more employees?
The AG declined to issue an opinion. The legality of the federal COVID-19 vaccine mandate for businesses with 100 or more employees was already being litigated, with multiple cases consolidated before…
Can a Mississippi city license its logo to a private company in exchange for fees per customer the company signs up?
A Mississippi city has authority under home rule to enter a non-exclusive agreement letting a private company use city branding in exchange for payment, but only if it serves a proper municipal purpos…
Can a Mississippi district attorney investigate and rule on the merits of misdemeanor affidavits filed in justice court?
No. The 2021 opinion concluded that Mississippi district attorneys do not have authority to investigate and make merits findings on misdemeanor affidavits filed in justice court. That authority rests …
When does a Mississippi justice court lose jurisdiction over a felony case it has been handling preliminarily?
A Mississippi justice court loses jurisdiction over a felony charge when the defendant is bound over to the grand jury or waives the preliminary hearing. Until then, the justice court keeps jurisdicti…
When a New York village voter selects the same person for two incompatible offices on one ballot (printed for one, write-in for the other), how should the votes be counted?
Both votes should be counted as blank for those two offices. Treating the ballot as ambiguous follows Election Law § 9-112(6) and avoids letting one person become a candidate for two incompatible offi…
Can a Mississippi county pay for or reimburse a county supervisor's home internet service so they can do county business from home?
Conditionally yes. The 2021 opinion concluded that a Mississippi county cannot pay for or reimburse a supervisor's home broadband unless the board finds, consistent with the facts and entered on the m…
What population threshold determines whether a Mississippi city must appoint a municipal judge who lives in the same county?
The 2021 census applies once finalized. Cities with 20,000 or more residents must appoint a municipal judge who is both an attorney and a qualified elector of the county where the city is located. Cit…
Is Mississippi's law requiring county election commissioners to pass a skills test after election unconstitutional under Article 12, Section 250?
Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction holds otherwise. The AG declined to opine on whether Section 23-15-213(1)'s skills-as…
Where does an Arkansas circuit judge get the power to declare a state law unenforceable beyond the boundaries of that judge's own judicial district?
The AG declined to issue an opinion. The exact question, whether an Arkansas circuit judge can declare a law unenforceable outside the judge's own judicial district, was already pending in McClane v. …
In Arkansas, can a doctor refuse to treat patients who are not vaccinated against COVID-19 and claim conscience protection under the Medical Ethics and Diversity Act?
No. The Arkansas Medical Ethics and Diversity Act protects a healthcare practitioner's right to refuse a particular service that violates conscience, not a refusal based on patient characteristics. Re…
Does a Delaware FOIA coordinator's typo on a response email count as a FOIA violation?
No. The AG concluded Christina School District did not violate FOIA when its coordinator mistakenly addressed the response email to herself within the 15-day window, then promptly corrected the error …
When Virginia moved municipal elections from May to November under S.B. 1157, what happens to the mayor of Staunton (chosen by the city council, not the voters)? Can the council shift the mayoral election to January 2023, and does the current mayor stay in office until then?
Yes on both. Staunton City Council must shift its council-elected mayoral selection from July 1, 2022 to the council's first meeting in January 2023 because of S.B. 1157's move of municipal elections …
After Virginia abolished the death penalty in 2021, what happens to the two inmates already on death row? Does the Department of Corrections automatically convert their sentences to life, or does a court have to act?
The Virginia Department of Corrections is required to administratively recalculate the sentences of the two remaining death-row inmates to life imprisonment. The 2021 statute abolishing the death pena…
Can a Kentucky urban-county government create a hotel-only special assessment district with non-adjacent properties?
Yes. The Attorney General concluded that the Lexington-Fayette Urban County Government may establish an industry-specific 'hotel only' management district under KRS 91.752, even if the hotels in the d…
Can a Virginia Governor unilaterally suspend, delay, or alter the Commonwealth's tax laws without the General Assembly approving it?
No. The Virginia Constitution vests the taxing power in the General Assembly. Without specific authority from the legislature (statute or law's enactment clause), the Governor cannot suspend, delay, o…
In a Mississippi code-charter city, can the mayor issue an ordinance, and can the board of aldermen override one if he does?
The board of aldermen has exclusive authority under Section 21-3-15 to adopt ordinances (including resolutions and orders) in a Mississippi code-charter municipality. A mayor's attempt to issue an ord…
Can a city release a former firefighter's suspension letter, termination notice, and supporting investigation records under FOIA, and does the AG decide whether medical information should be redacted?
Yes, the City of Cabot's decision to release the suspension letter, termination notice, and supporting documentation was consistent with FOIA. The records are employee-evaluation records, all four rel…
Can a Texas county judge keep renewing a local disaster declaration without the commissioners court's consent?
The AG's view: no, not past the first week. A county attorney asked five questions about a county judge's power under Government Code section 418.108 to declare a local disaster. The AG concluded that…
Can a Delaware citizen FOIA an entire county's worth of ballots and voting equipment after a general election?
No. The AG ruled the Delaware Department of Elections properly denied a sweeping request for ballots, voting machine data, and poll books from the 2020 New Castle County general election. The over-380…
Can a Mississippi school superintendent close schools without first getting approval from the school board, even in an emergency?
No. The 2021 opinion concluded that a Mississippi school superintendent cannot close schools without first being authorized by the school board. The closure statutes (Sections 37-13-64 for weather and…
Can a Texas judge refuse a bail bondsman's affidavit to surrender (go off) a defendant's bond?
The AG's view: no. A county attorney asked whether a court has discretion to refuse a surety's affidavit to surrender a bond principal and to make the bondsman show cause first. The practice, called '…
Does a Texas county have to rebid a county facility management contract before renewing or extending it?
The AG's view: not if the contract rests on the county's chapter 319 authority. The Midland County Attorney asked whether a county must follow the competitive procedures of Local Government Code chapt…
Can a Texas county give or sell its county school land to the local school district?
The AG's view: a county cannot give it away, can sell it at fair market value, but the district cannot buy it just as an investment. The Reagan County Attorney asked whether the county could transfer …
Can a Maryland commissioner county set its own definition of 'newspaper' for legal notices?
Maryland's Attorney General advised that St. Mary's County, a commissioner county, cannot change the state-law definition of 'newspaper' (in General Provisions Section 1-113) for legal notices require…
When the Arkansas General Assembly passes a law in a special session without an emergency clause and without a stated effective date, when does the law actually take effect?
January 14, 2022. Under Amendment 7 to the Arkansas Constitution, a non-emergency act takes effect on the 91st day after the session adjourns sine die. The 93rd General Assembly's post-recess session …
If a journalist is investigating how a Delaware city's tow contractor handles impounded cars, can the city deny her FOIA request because a federal civil rights lawsuit on the same topic was filed yesterday?
Yes. Amanda Fries of The News Journal asked Wilmington for impound and sale records covering 2016-2021. The day before her requests, the City was served with a federal civil rights lawsuit alleging th…
Which of the new misdemeanor crimes the Georgia legislature created in 2021 should require fingerprinting at arrest?
The AG designated 8 of the 11 reviewed 2021 misdemeanors as fingerprintable: promoting illegal drag racing/laying drags, both forms of non-consensual transmission/posting of nude or sexually explicit …
Can a county use circuit court automation funds to pay the salary of a sheriff's office employee who collects fines, or a circuit clerk's office employee, when neither works on courtroom technology?
No. Ark. Code Ann. § 16-13-704(b)(2)(A)(ii) requires the circuit court automation fund to be used solely for circuit-court-related technology. Paying the salary of a county employee whose job has no c…
Can a Florida county that collects under $10 million in tourist development tax revenue spend that money on design and engineering studies for a multi-use trail?
No. The AG concluded that section 125.0104(5)(b), which lets smaller counties spend TDT money to "construct" trails and similar projects, does not include design, engineering, or project development s…
Can the executive director or another employee of a California charter school also serve on the county board of education that oversees their school?
No. Charter school employees cannot serve on the county board of education in the county where their school is located. The incompatible offices doctrine and Education Code section 1006 both bar this …
How long are the terms of office for a Texas conservation district's board of directors?
Four years, by statute. The Chambers County Auditor asked whether the Trinity Bay Conservation District board could change its directors' terms from two years to four. The 1949 special law that create…
Can someone simultaneously serve on a California county board of education and a city council within the same county?
There are substantial questions, the AG concluded, and granted Melissa Louden leave to sue Tim Shaw in quo warranto. Multiple potential clashes (school site location, eminent domain, school district r…
If a Mississippi statute lets the police mail notice for unpaid traffic fines but a Supreme Court rule requires personal service, which one wins?
The court rule controls. Mississippi Rule of Criminal Procedure 26.6(d) requires personal service of a summons before a court can issue an arrest warrant for unpaid fines. Section 63-1-53(1) authorize…
Can a Mississippi county board of supervisors give just one hour of notice for a special meeting under the Open Meetings Act, or do they have to follow the longer five-day requirement in the supervisors' statute?
No. The 2021 opinion concluded that the one-hour posting under Section 25-41-13(1) is supplemental to, not a substitute for, the five-day publication required by Section 19-3-19. Boards of supervisors…
Are first responders who die from COVID-19 contracted on duty eligible for Mississippi's $100,000 line-of-duty death benefit?
Yes. The 2021 opinion concluded that COVID-19 deaths fall within the 'covered cause of death' definition in Mississippi's first responder death-benefits statute (Section 45-2-1). The Mississippi statu…
If a Mississippi city employee's brother gets elected to the city council, can the employee still be promoted, and can a board fix a nepotism mistake with a nunc pro tunc minute entry?
No to promotion, generally. Mississippi's nepotism statute (Section 25-1-53) lets an employee keep an existing covered position when a relative becomes the appointing authority, but does not let the e…
If I bought a house in Idaho in July, do I get the full homestead property-tax exemption for that year, or only a prorated half?
Based on this opinion, a homeowner can apply for the homestead exemption at any time during the year and receive the full exemption, there is no statutory basis for prorating it. Verify current law an…
Can a city withhold all the records from a police promotion file by classifying them as job-performance records, or do parts of that file have to be released under FOIA?
Mostly consistent with FOIA. Sherwood properly withheld letters of recommendation as job-performance records of the candidates being recommended. But resumes, physical fitness records, and the chief's…
When a former police officer's personnel file is requested under FOIA, can the city release the suspension review along with redacted records, and which items must stay private?
Mostly consistent with FOIA, with corrections. The Employee Conduct Review (the document explaining the suspension) is properly released. But five Facebook posts must stay private under the personnel-…
Can a city release the termination letter of a former firefighter under Arkansas FOIA when the letter explains why he was fired?
Yes. The City of Cabot's decision to release a former firefighter's termination notice was consistent with FOIA. The notice qualified as an employee-evaluation record because it stated the reasons for…
Can a Delaware nonprofit petition the AG over a FOIA denial when the underlying records request was filed by a board member personally and never mentioned the organization?
No. Under Delaware FOIA, the party denied access is the sole party with standing to challenge a denial. Smith filed the original FOIA individually, with no mention of Coastal Stewards Delaware (CSD); …
What information does a Delaware FOIA coordinator have to record about every FOIA request the agency receives?
Yes, a violation. The AG ruled the Delaware Auditor of Accounts (AOA) failed for over three years and across two administrations to maintain FOIA logs containing all the information § 10003(g)(3) requ…
Are emails about a draft government contract still secret if the draft was never shown to a board?
Yes for the draft and any draft language buried in emails. The AG ruled the Diamond State Port Corporation could use the working-draft exception, but only for the proposed contract language and revisi…
Must Delaware DHSS create a new COVID case-count report by school district when historical web data has been destroyed by a vendor?
No. DHSS properly denied a request for weekly COVID case counts by school district from August 2020 to August 2021. The data was previously hosted on a third-party 'My Healthy Community' website opera…
Can a city in Arkansas release the names, job titles, and salaries of its employees in response to a FOIA request, even when an employee objects?
Yes. The Fort Smith records custodian's decision to release employees' names, job positions, and salaries was consistent with the Arkansas FOIA. Under the personnel-records balancing test, the public'…
During a Virginia civil eviction, what should the sheriff do with a tenant's firearm that gets left behind? Can the sheriff seize it, check its serial number against criminal databases, or hold it for safekeeping?
Sheriffs may take custody of (or confiscate) a firearm left behind during a Virginia eviction in three specific situations: the firearm is stolen, the landlord is legally prohibited from possessing a …
Can a city release a police captain's name with his salary and job position over his objection that the FOIA request is overly broad and an invasion of all employees' privacy?
Yes. The City of Fort Smith's decision to release Captain Gallant's name in conjunction with his salary and job position is consistent with FOIA. The analysis is identical to Op. Att'y Gen. 2021-084 i…
Can a city release a police detective's name with her salary and job position under FOIA when the detective fears the release will harm her family?
Yes. The City of Fort Smith's decision to release Detective Charity Abbott's name in conjunction with her job position and salary is consistent with FOIA. The analysis is identical to Op. Att'y Gen. 2…
Can the City of Fort Smith release a list of all employees' names, job positions, and salary increases since 2015 over an employee's objection that release would harm or embarrass him?
Yes. Public employees' names, job positions, and salary information (including increases) are personnel records under Ark. Code Ann. § 25-19-105(b)(12). Their release does not generally constitute a c…
When a Mississippi municipality buys taxable land, who pays the year's property taxes, and can the county forgive them?
The 2021 opinion concluded: (1) A Mississippi municipality may, as part of its purchase agreement, agree to pay current-year ad valorem taxes, but cannot assume the seller's tax liability. The seller …
Can a Mississippi city's recreation department give participants free arts/crafts and run after-school programs without charging fees?
Yes. The 2021 opinion concluded that Mississippi cities have broad authority to fund recreation department programs with public funds, providing free arts and crafts supplies, after-school activities,…
If a police officer's job application mentions criminal charges that were later sealed or expunged, can the city release that part of the personnel file under FOIA?
The Benton custodian's redacted release was likely not entirely consistent with FOIA. References in Officer Bennett's personnel file to charges that were nolle prossed and later sealed or expunged car…
Does the Virginia Freedom of Information Act apply to JAUNT and other quasi-public transit corporations?
Yes, if JAUNT or a similar organization is supported principally (more than two-thirds is the FOIA Advisory Council benchmark, but less can qualify case-by-case) by public funds, it is a 'public body'…
Can a Mississippi school board member also serve on a joint airport board, or does the separation of powers prohibit it?
Yes. The 2021 opinion concluded that simultaneous service on a Mississippi public school board and a joint airport board does not violate the separation of powers doctrine. Both boards exercise execut…
Can a Mississippi school district reclassify Sixteenth Section land from commercial to residential during an existing 25-year lease, when the lessee wants to live there?
Yes. The 2021 opinion concluded that a Mississippi school board may reclassify Sixteenth Section land from commercial to residential during an existing lease, provided (1) the tract qualifies under th…
Can private employers in Tennessee require employees to be vaccinated against COVID-19?
Yes, with federal-law caveats. Tennessee law does not prohibit private employers from making COVID-19 vaccination a condition of employment. Public Chapter 513 (codified at §§ 68-5-116 and 68-5-117) b…
Can a Kentucky utility employee buy a vehicle the utility used to lease from its contractor?
Generally yes, under the facts given. The Attorney General concluded that Paintsville Utilities Commission employees may buy vehicles a contractor formerly leased to the Commission. KRS 82.083's ban o…
Can a Kentucky city ban its employees from carrying guns at work?
Only narrowly. The Attorney General concluded that Kentucky law (KRS 65.870) broadly preempts local firearms regulation, so a city cannot bar its employees from carrying firearms 'at all times and pla…
Does Delaware's FOIA open-meeting law cover the House of Representatives Ethics Committee, and can the AG decide a prior-restraint free-speech challenge inside a FOIA complaint?
No to both. 29 Del. C. § 10004(h)(7) expressly excludes legislative ethics committees from FOIA's open-meeting requirements, so the Committee's closed September 10, 2021 meeting did not violate FOIA. …
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