what is an “attorney general opinion?”

What is the main purpose of the attorney general?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

Why are opinions of the US attorney general so persuasive?

In the absence of controlling authority, these opinions are persuasive 'since the legislature is presumed to be cognizant of that construction of the statute.

Are Texas attorney general opinions binding?

Q What legal weight and authority does an attorney general opinion have? A Texas Supreme Court opinions addressing this question consistently indicate that, while attorney general's opinions are persuasive, they are not controlling or binding on the courts.

What is a DOJ opinion?

The OLC is the component of the Department of Justice that issues legal opinions that bind executive branch officials on matters of significant public concern. Though its opinions are crucial to understanding the law as our government interprets it, the OLC does not publish its opinions as a matter of course.

What are opinions in law?

With respect to law, “opinion” primarily refers to a judicial opinion, which is a court's written statement explaining the court's decision for the case.

What is the function of the Florida Attorney General?

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws.

Who can ask for an attorney general opinion in Texas?

Authorized requestors include: the head or board of an eleemosynary institution. the head of a state board. a regent or trustee of a state educational institution. a committee of a house of the Texas Legislature.

How much impact do opinions issued by the Texas attorney general have on public policy?

what is the impact of the of the attorney general on public policy? When the attorney general issues an opinion on public policy, his opinions have the force of law. What does Texas's balanced budget requirement entail? By law, the state legislature cannot adopt a budget that exceeds anticipated revenue.

WHO issues advisory opinions in Texas?

An advisory opinion can only be issued by a vote of the Commissioners during a public meeting. Adoption of an advisory opinion requires the vote of five Commissioners.

What does White House counsel do?

The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration.

How do you cite an OLC opinion?

1.1 Whenever available, cite the book-published version of an OLC opinion, as follows: Proposed Tax Assessment Against the United States Postal Service, I Op. O.L.C. 79 (1977).

How to Submit A Question of Law For Ag Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, count...

How to Submit A Quo Warranto Application

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the...

How to Request A Copy of An Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit: 1. Office of the Attorney General 2. Opinion Unit, Dept. of Justice 3...

What is the most appropriate use of an attorney general opinion?

The most appropriate use for an Attorney General Opinion is to clarify the interpretation of statutes whose meaning is in dispute or doubt, or which appear to be inconsistent with other state laws. Questions concerning the validity of existing or proposed regulations (WACs) are also appropriate.

What is the response to an attorney general's opinion?

The response may take the form of an informal letter instead of an Attorney General Opinion, or a request may be referred to a staff attorney for consultation with the requester.

What is an informal letter to the Attorney General?

As an alternative to issuing a “ formal opinion”, a request for an Attorney General Opinion may be answered by an informal letter, sometimes called an “informal opinion”. This form of response to an opinion request is explained below under the heading “ Are there alternatives to issuing formal opinions? ”

Where to find pending opinion requests in Washington State?

Notice of pending formal opinion requests is published in the Washington State Register. Interested parties may submit information to the Attorney Generalʼs Office relating to pending opinion requests. If submitted in a timely manner, this material will be considered in preparing the opinion.

What is the phone number for the Washington State Attorney General?

If you need to receive the information in this brochure in an alternate format, please call (206) 464-6684. The hearing impaired may call 1-800-833-6388 statewide. Published by the Washington State Attorney General’s Office.

What is the job of the Attorney General of Washington?

The Attorney General is the constitutional legal adviser to state officers. The specific duties of the office include: Representing the State of Washington in the courts in all cases in which the state is interested. Defending the state and its agencies and employees when acting in their official capacities.

What information should be included in a legal memo?

Indicate any information that may be helpful, including relevant research, statutes, cases, prior opinions, agency rules, and legal memoranda.

Who can the Attorney General give opinions to?

Under this statute, the Attorney General may give opinions only to these specified public officials, and not to private individuals or to public officials who are not listed in the statute.

How to find Attorney General's opinion?

Legal opinions of the Attorney General may be viewed on this website by clicking on the links under Tools in the right sidebar. Within those links, you may search for opinions by the year published, opinion number, official citation, or key word or phrase from the text of the Opinion's Conclusion.

What is a 12519 opinion?

Government Code section 12519 states that opinions will be provided on "questions of law." Requests that require factual investigations or that would require the resolution of a factual despite are declined. Requests for advice, or for policy determinations, are also declined.

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

What does the Attorney General do?

The Attorney General interprets this as permitting opinions to be provided to state-level departments, agencies, boards, and commissions. This does not include local agencies, even when the local agency has been organized under state statutes.

Why does the Attorney General decline a request?

Occasionally, the Attorney General declines a request because it presents a conflict of interest with respect to other legal matters that the Attorney General’s Office may be involved in. 6.

What is the authority of the Attorney General to give advisory opinions?

Questions Posed on Behalf of Others. Government Code section 12519, which controls the Attorney General’s authority to give advisory opinions, states that an opinion may be given to designated officials “upon any question of law relating to their respective offices.” This means that a designated official may not request an opinion posed by someone else on a question unrelated to the office. It is usually clear from the question what the connection to the requester’s office is. When it is not clear, inquiry will be made to ascertain the connection. When it is apparent that there is no connection, the request will be declined.

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

Who can submit questions of law to the Attorney General?

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. The Attorney General is not permitted to give legal opinions ...

What is monthly opinion report?

Monthly Opinion Report- View the current report of pending assignments and activities of the Opinion Unit with links to newly issued opinions.

Can a quo warranto be filed without the approval of the Attorney General?

Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.)

What is the authority of the Attorney General?

Under the Judiciary Act of 1789, the Attorney General was authorized to render opinions on questions of law when requested by the President and the heads of Executive Branch departments. This authority is now codified at 28 U.S.C. §§ 511–513. Pursuant to 28 U.S.C. § 510, the Attorney General has delegated to the Office of Legal Counsel ...

Who publishes legal opinions?

The Attorney General has directed the Office of Legal Counsel to publish selected opinions for the convenience of the Executive, Legislative, and Judicial Branches of the government, and of the professional bar and the general public. The authority of the Office of Legal Counsel to render legal opinions derives from the authority ...

What is the role of the Attorney General?

One function of the Attorney General is to issue opinions to legislators and other state officers regarding questions of law in which the officer is officially interested. Generally, public officials are required to act in accordance with an Attorney General opinion unless or until the opinion is set aside by a court.

When is the AG opinion 2020?

AG Opinion 2020-8. May 5, 2020. The Attorney General looks at the Governor's authority to enter into and bind the State to compacts with Indian tribes that authorize gaming activity prohibited by state law.

Who looks at salary increases for district judges and district attorneys?

The Attorney General looks at salary increases for district judges and district attorneys.