what does kentucky attorney general opinion 80-388 say?

What does the Attorney General of Kentucky do?

Welcome - Kentucky Attorney General. Welcome. My commitment is to make sure we are doing everything we possibly can to improve the public safety outcomes of the men, women and children of all 120 counties. About Daniel Cameron.

How to file a complaint about a product or service in Kentucky?

File a complaint about a product or service with the Attorney General's Office. Open Records and Open Meetings Decisions. Search Kentucky Open Records and Open Meeting Decisions. Opinions of the Attorney General. Search Kentucky Attorney General Opinions from 1992 to current date. Prescription Drug Abuse Scholarship Donation App

How many terms can a Kentucky Attorney General serve?

Sep 17, 2020 · FRANKFORT, Ky. (September 17, 2020) – Attorney General Daniel Cameron’s office today defended the Constitutional rights of Kentuckians and Kentucky business owners before the Commonwealth’s highest court. The Supreme Court of Kentucky heard oral arguments in the case of Beshear v.Acree, which challenges the constitutionality of many of the …

What are Attorney General opinions?

An attorney general opinion is a written interpretation of existing law. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law. Attorney general opinions do not necessarily reflect the attorney general's personal views, nor does the attorney general in any way "rule" on what the law should say.

About

Helping consumers and families, ensuring open government, fighting crime, promoting quality healthcare, and protecting seniors.

Services

The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home. Most telemarketers should not call your number once it has been on the registry for 31 days

Who Can Request an Attorney General Opinion?

Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion.

How do I Request an Attorney General Opinion?

No specific formatting requirements exist to submit a request, but it should include any relevant background information and known legal authorities significant to the subject matter.

Who Can Submit a Brief?

The Attorney General accepts briefing on pending opinion requests from any governmental entity, organization, or person, including members of the general public. Briefing should be submitted by Email to [email protected] . All briefing and materials submitted are subject to the Public Information Act.

View Advisory Opinions

To view advisory opinions, click the "+" symbol to view all opinions issued in that year.

Request an Advisory Opinion

Information on requesting an advisory opinion from the Ethics Commission may be found here.

How long is the term of the Kentucky Attorney General?

The Attorney General holds an ex officio seat on various Kentucky state boards and agencies. The Attorney General of Kentucky is elected for a four-year term in the same year other statewide officers are elected, rather than being appointed as in some states such as Alaska.

Who is the governor of Kentucky?

Cameron's predecessor, Democrat Andy Beshear, resigned from the post on December 10, 2019 to be sworn in as Governor of Kentucky. Beshear appointed Cameron to serve out the remainder of his unexpired term on December 17, 2019.

What is an assistant Commonwealth's attorney?

An assistant Commonwealth’s Attorney investigates and prepares a criminal case for trial, and conducts pretrial proceedings therein. After he has left office, may he accept a fee from the victim’s family to continue the prosecution?

What is attorney A?

Attorney A is Chairman of the Board of a Mental Health Association that provides marriage counseling services and counseling services related to family alcoholism. A couple undergoes counseling and treatment at the Association’s center, and such counseling results in a decision that the couple will divorce.

Can an assistant county attorney resist child support?

Child support: An assistant county attorney should be able to seek or resist child support unless the county attorney’s office represents the state on behalf of the children and seeks a child support order. At that point a prosecutor representing a client against whom an order is sought (“respondent” for purposes of this opinion) would be on “opposite sides of the v” from another prosecutor in the office. The prosecutor must withdraw from the civil case. If the prosecutor represents the other party (“petitioner” for purposes of this opinion), the question is whether there is a “significant risk” that seeking child support might affect other matters in controversy (custody and support for example). If so, the prosecutor may not represent the petitioner. E-215 opined that a prosecutor could not represent a client against whom an action was filed for back child support. The rationale for the opinion is in part the possibility of a criminal proceeding for flagrant non-support. That opinion, as well as others in which the conflict is speculative, is not followed.

Can a prosecutor defend a criminal case?

Associates and partners of prosecutors may not defend criminal cases anywhere in the state. This is a conflict that may not be waived. A prosecutor is charged with a public duty, and such a duty cannot be waived. “Consent of a client in a criminal case cannot eliminate the problem because the prohibition against a county attorney and his associates and partners acting as defense counsel is for the protection of the public.” KBA E-291.

How Can I Get A Copy of An Existing opinion?

• If you would like a copy of an opinion, the Attorney General will provide a copy of any opinion free of charge. The opinion will be mailed to you. (Please note that we have posted most OAGs from 1992 to the present and are working to add prior years). To request a copy of an opinion, please …

See more on ag.ky.gov

How Can I Request A New opinion?

Is A Particular Opinion Still current?