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 Texas court order a defendant's rearrest without a hearing for violating pretrial bond conditions?
Likely yes, the AG advised. A district attorney asked whether a trial court could, without a hearing, sign an arrest warrant for a defendant who was released on pretrial bond conditions when credible …
Can a Texas county treasurer sell abandoned property through an online auction?
It depends on which sale, the AG advised. A county attorney asked whether a county treasurer could use an online auction site to sell unclaimed property under Chapter 76 of the Property Code, which co…
Did the Idaho AG flag legal problems with the Reclaim Idaho 'Quality Education Act' initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?
Yes. AG Wasden's Certificate of Review identified a single-subject-rule risk (combining a tax-rate increase with a new education fund), drafting deviations from existing tax-bracket structure (a missi…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 2, file 2020-122)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-122 (version 2) to amend Article IX of the Missouri Constitution (the public education article). Form approval under § 116.3…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-121)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-121 (version 1) to amend Article IX of the Missouri Constitution (the public education article). Form approval under § 116.3…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 3, file 2020-119)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-119 (version 3) to amend Article IX of the Missouri Constitution (the public education article). Form approval under § 116.3…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 2, file 2020-118)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-118 (version 2) to amend Article IX of the Missouri Constitution (the public education article). Form approval under § 116.3…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-117)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-117 (version 1) to amend Article IX of the Missouri Constitution (the public education article). Form approval under § 116.3…
Did the Missouri AG approve the form of DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 4, file 2020-120)?
Yes, as to form. AG Schmitt approved the legal form of Aull's petition 2020-120 (version 4) to amend Article IX of the Missouri Constitution (the public education article). Form approval under § 116.3…
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 8, file 2020-112)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-112 (version 8). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 7, file 2020-111)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-111 (version 7). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 6, file 2020-110)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-110 (version 6). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 5, file 2020-109)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-109 (version 5). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 4, file 2020-108)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-108 (version 4). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 3, file 2020-107)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-107 (version 3). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 2, file 2020-106)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-106 (version 2). The petition would have established automatic …
Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 1, file 2020-105)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Sedey's Article VIII petition 2020-105 (version 1). The petition would have established automatic …
After the 2019 amendments, can a Tennessee correctional officer who has finished probation but isn't yet vested in retirement get the state ID card needed to carry a firearm off-duty?
No. The 2019 amendment let TDOC officers carry off-duty after completing the one-year probationary period, but the legislature did not change subsection (f), which still says only 'vested' employees (…
Does Delaware FOIA make my agency convert raw data from HTML to CSV when I ask for it as a database file?
No. The Delaware AG ruled that DSP did not violate FOIA when it produced 2014-2016 Uniform Crime Reporting data as HTML files rather than the CSV or database format the journalist requested. FOIA does…
If a Delaware town commissioner blurts out a personnel comment in open session, does FOIA make that a violation?
No. The Delaware AG ruled the Town of Dewey Beach did not violate FOIA when a Town Commissioner briefly mentioned concerns about the Police Chief's effectiveness during an open meeting. The Town Manag…
If my Tennessee LLC owns a property, can the LLC sell or rent it without a real estate broker license, and what about partial owners or members of the LLC?
An LLC, corporation, partnership, or other business entity that owns real estate can rely on the 'owner exemption' for activities involving its own property. The narrower 'corporate exemption' covers …
Can a Delaware agency hit me with a $5,200 FOIA cost estimate for cap-and-trade records and refuse to waive it for public interest?
Yes. The Delaware AG ruled DNREC did not violate FOIA by issuing a $5,217.94 itemized cost estimate (139 hours of staff time) for a five-year cap-and-trade records request and refusing to waive fees. …
If a Delaware school board votes to add an item to its agenda at the start of a meeting, can a later open-session ratification cure the FOIA violation?
Yes. The Delaware AG ruled that Sussex Tech violated FOIA at its March 11, 2019 meeting by voting at the outset to add a feasibility-study consultant award not on the noticed agenda. But the Board's s…
If I applied for a public job and never got hired, can I block the city from releasing my application under FOIA?
The AG declined to opine because applicants who have not been hired are neither 'personnel' nor 'employees,' so their applications are not 'personnel records' that the AG can review under § 25-19-105(…
Did the Missouri AG approve the form of James Owen's 2019 Chapter 393 initiative petition (version 3, file 2020-115)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-115 (version 3) to amend Chapter 393 RSMo, which regulates gas, electric, water, and sewer utilities. Form approval under § …
Did the Missouri AG approve the form of James Owen's 2019 Chapter 393 initiative petition (version 1, file 2020-113)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-113 (version 1) to amend Chapter 393 RSMo, which regulates gas, electric, water, and sewer utilities. Form approval under § …
After the Fourth Circuit struck down Virginia's 'habitual drunkard' law, what can Commonwealth's Attorneys still do under the interdiction statute?
Almost nothing under the habitual-drunkard prong. The Virginia AG concluded that after Manning v. Caldwell, Commonwealth's Attorneys may no longer seek new interdictions, criminal penalties, or enhanc…
Does the urban renewal statute let an Arkansas urban renewal agency demolish a building, and does the agency need to own it first?
Yes, the term 'clearance' in § 14-169-601 includes razing of property the agency has acquired, and 'necessary or convenient' under § 14-169-705 includes demolition. But unlike cities, urban renewal ag…
How is a Texas university professor's unused vacation pay calculated after leaving an administrative position?
On the administrative salary only, the AG advised. The president of Texas Southern University asked how to pay out accrued, unused vacation leave for a professor who had served in administrative roles…
Does the constitutional ban on excessive fines apply to Texas, and how do courts decide if a fine is excessive?
Yes, it applies, but the AG could not give a test for when a fine crosses the line. A state representative asked, after the U.S. Supreme Court's 2019 decision in Timbs v. Indiana, several questions ab…
If a Florida county wants to extend its 1% local sales surtax with a longer duration than the prior version, can it skip the costly performance audit that ordinarily comes before a surtax referendum?
No. The audit-exemption applies only when the new surtax matches the prior one in 'all material respects,' which the AG read to include duration if the prior surtax had one.
Can a Tennessee general sessions judge fill in for a circuit court judge or chancellor without a private act?
Generally no. The only general statute allowing such interchange is for divorce hearings in counties over 700,000 population. Otherwise, the legislature must authorize the interchange by private act, …
Is a nonprofit public benefit corporation that a California city housing authority created exempt from the documentary transfer tax when it acquires real property?
Yes. The AG concluded that section 11922's documentary transfer tax exemption applies broadly to government agencies, and a nonprofit public benefit corporation acting as an instrumentality of a housi…
Can I FOIA the Division of Corporations for proof that my LLC was actually filed in 2014 even if the original document was rejected and purged?
No. The Delaware AG ruled that the Department of State did not violate FOIA when it could not produce documents about a 2014 LLC formation attempt that was rejected and purged. 6 Del. C. § 18-1105(a)(…
Can a Delaware school board add a brand-new vote to its agenda by motion at the start of the meeting?
No. The Delaware AG ruled that Sussex Tech School District violated FOIA's open meeting requirements when its Board of Education voted at the May 13, 2019 meeting outset to amend the agenda and decide…
Can a former police officer block release of internal investigation records related to his 2013 sexual misconduct termination, even six years later?
No. The AG concluded the four-part test for releasing employee-evaluation records was met: he was terminated, the discipline was final, the records formed a basis, and there was a compelling public in…
Did the Missouri AG approve the form of James Owen's 2019 Chapters 393 and 386 initiative petition (version 4, file 2020-116)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-116 (version 4) to amend Chapters 393 and 386 RSMo, which govern public utilities and the Public Service Commission. Form ap…
Did the Missouri AG approve the form of James Owen's 2019 Chapter 393 initiative petition (version 2, file 2020-114)?
Yes, as to form. AG Schmitt approved the legal form of Owen's petition 2020-114 (version 2) to amend Chapter 393 RSMo, which regulates gas, electric, water, and sewer utilities. Form approval under § …
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 8, file 2020-112)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-112 (version 8). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 7, file 2020-111)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-111 (version 7). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 6, file 2020-110)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-110 (version 6). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 5, file 2020-109)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-109 (version 5). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 4, file 2020-108)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-108 (version 4). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 3, file 2020-107)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-107 (version 3). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 2, file 2020-106)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-106 (version 2). The summary projected at least $1 million in one-time st…
Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 1, file 2020-105)?
Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-105 (version 1). The summary projected at least $1 million in one-time st…
Could the Georgia Department of Public Safety set maximum statewide towing and storage rates for vehicles abandoned on public or private property after the 2019 Abandoned Motor Vehicle Act?
No, not beyond DPS's pre-existing rate-setting authority for non-consensual tows of trespassing vehicles from private property under O.C.G.A. § 44-1-13. The 2019 Abandoned Motor Vehicle Act referenced…
Can a Virginia locality get an easement on state-owned river bottomlands to build a flood-control levee, and who in state government grants it?
Yes. The Virginia AG concluded that a local flood-control project is a 'governmental activity' under §§ 28.2-1300 and 28.2-1400, that § 28.2-1200.1 lets the Commonwealth grant an easement for it, and …
Can my Tennessee homeowners' association ban political canvassing in our neighborhood without violating the First Amendment?
Yes. The First Amendment limits only government action, and a private homeowners' association is not a state actor. The HOA can prohibit door-to-door political canvassing on its private property. A se…
Can a nurse anesthetist administer anesthesia in Texas without a physician delegating it?
No, the AG advised, a certified registered nurse anesthetist has no independent authority to give anesthesia without a physician's delegation. The president of the Texas Medical Board asked three ques…
Can a Delaware county discuss agricultural-easement purchases in executive session under the 'site acquisition' exemption?
Yes. The Delaware AG ruled Sussex County Council did not violate FOIA by holding executive sessions for the Agricultural Lands Preservation Program. Buying preservation easements is buying real proper…
Did the Missouri AG approve the ballot summary for Winston Apple's 2019 Article III initiative petition on protecting voter-approved initiative statutes from legislative repeal (file 2020-103)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Apple's Article III petition 2020-103. The petition addressed protecting voter-approved initiative…
Did the Missouri AG approve the ballot summary for Winston Apple's 2019 Article III initiative petition on proportional representation for state legislators (file 2020-102)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Apple's Article III petition 2020-102. The petition addressed proportional representation for stat…
Did the Missouri AG approve the ballot summary for Winston Apple's 2019 Article VIII initiative petition on ranked-choice voting for federal and statewide offices (file 2020-101)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Apple's Article VIII petition 2020-101. The petition addressed ranked-choice voting for federal an…
Is the new Arkansas law letting school districts drug-test teachers and applicants likely to survive a constitutional challenge?
Probably yes, on its face. Act 323 of 2019 lets school districts adopt drug-testing policies; the AG concluded a facial Fourth Amendment challenge would be hard to win because federal courts are reluc…
How can a Delaware agency prove it really searched private email accounts and cellphones for FOIA-responsive records?
By submitting a sworn affidavit. The Delaware AG ruled that the Auditor of Accounts adequately searched for records about Odyssey Charter School where its FOIA Coordinator submitted an under-oath affi…
When can a Tennessee county election commission release early and absentee voting totals?
Only after every polling place in the county has actually closed, meaning every voter who was in line at the official closing time (8 p.m. Eastern or 7 p.m. Central) has finished voting. The early and…
Does Delaware FOIA require an agency to produce the same email twice if it sits in two officials' inboxes?
No. The Delaware AG ruled that the City of Lewes did not violate FOIA by producing one copy of an email rather than separate duplicates from each official's inbox. FOIA does not require an agency to c…
When a school district considers not renewing a teacher's contract, are the related records evaluation records or personnel records, and does discussing them in an open hearing make them releasable?
It depends on content. A nonrenewal letter is not automatically an evaluation record; it only is if it details performance. And discussion in a public meeting does not convert exempt records into disc…
Does the $75 Building Homes and Jobs Act recording fee under Government Code section 27388.1 apply to a record of survey?
Yes. The AG concluded that a record of survey is a document 'relating to real property' under section 27388.1 and is subject to the $75 fee, unless one of the statute's exceptions (residential owner-o…
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