why attorney general opinions

How to request an attorney general opinion?

“The Attorney General shall give his or her opinion in writing to a city prosecuting attorney when requested, upon any question of law relating to criminal matters.” 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.

Does the Attorney General have to be a lawyer?

The opinions fall into two broad categories, formal and informal opinions. Formal opinions are those issued to state departments and agencies. They are denominated "formal" because the Attorney General signs them as chief legal officer of the State. Informal opinions are issued to local governments at the request of the attorney for the local government, who is the …

What are the responsibilities of the US 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.

Is an attorney general independent or political?

An Attorney General Opinion, also called a “formal opinion”, thus represents the Attorney General’s official position on a point of law. An Attorney General Opinion is issued at the request of someone authorized to request such an opinion. Attorney General Opinions are researched much like opinions issued by appellate courts and require a similar analytical and drafting effort.

Why do we need an 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.

What are general opinions?

Definition of general opinion : what most people think about something The general opinion is that the players are paid too much.

What does the Attorney General do for dummies?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

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 general opinion and specific opinion?

general opinion adjective can describe all nouns but a specific opinion adjective is used to describe for a particular nouns.Oct 13, 2020

What are examples of opinions?

The definition of an opinion is a belief, impression, judgment or prevailing view held by a person. An example of opinion is the San Francisco Giants are the best baseball team. An example of opinion is purple is the best color. An example of opinion is capitalism is better than socialism.

How does Attorney General influence executive branch?

The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

What power does the US Attorney General have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

Who is the current Attorney General?

The current Attorney General is Mr. Godfred Yeboah Dame. He was appointed by President Nana Addo Danquah Akufo-Addo in 2021.

Who can request an opinion from the Texas Attorney General?

The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors include: the governor. the head of a department of state government.

How much impact do opinions issued by the Texas Attorney General AG 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.

How do you find AG opinion?

Search for Opinions - Search for opinions by Opinion Number (e.g., 01-107), Official Citation (e.g., 84 Ops. Cal. Atty....A copy of a published opinion may be obtained by contacting the Opinion Unit:Office of the Attorney General.Opinion Unit, Dept. ... Attn. ... P. O. Box 944255.Sacramento, CA 94244-2550.More items...

Who can request an AG opinion?

Government Code section 12519 states that the Attorney General may provide an opinion to "any Member of the Legislature." This refers to the State Senate and the State Assembly, but not to local legislative bodies such as city councils or county boards of supervisors.

Are Michigan Attorney General opinions binding?

Michigan's Supreme Court has recognized that one of the "primary missions" of the Attorney General is to give legal advice to members of the Legislature and to departments and agencies of state government. Opinions of the Attorney General are binding on state agencies and state officers.

What are attorneys general opinions?

What are Attorney General Opinions? As the legal adviser to the executive officials of the government, the attorney general renders requested legal advice generally in the form of written opinions.Jun 1, 2021

What is the meaning of general opinion?

Definition of general opinion : what most people think about something The general opinion is that the players are paid too much.

What is the role of the Michigan attorney general?

The Attorney General provides legal counsel to the executive and legislative branches of government, and for each officer, department, board, and commission of state government. ... The AG advises and supervises prosecuting attorneys throughout Michigan.

Who is the attorney general in Michigan?

Dana Nessel (Democratic Party)Michigan / Attorney generalDana Michelle Nessel is an American lawyer and politician who is the 54th Attorney General of Michigan. She is a member of the Democratic Party. Wikipedia

How do I file a complaint with the Michigan Attorney General?

All complaints should be submitted using our Consumer Complaint form. Send by regular mail or fax as listed above. If you have any questions, please call the Consumer Protection Division Monday through Friday from 8:30 AM to 4:30 PM at 517-335-7599 or toll free 877-765-8388.

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 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 ...

What is electronic reading room?

The Office's Electronic Reading Room includes certain materials, including legal opinions, that have not been selected for official publication but have nonetheless been released as a matter of discretion and posted publicly because they are the subject of repeated requests or may be of public or historical interest.

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.

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 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.

How long does it take to write an opinion?

It generally takes several months to write an opinion. For a variety of reasons, it is often not possible to accurately predict when a particular opinion will be published. The Attorney General’s Office is not in a position to expedite formal legal opinions at this time.

What is quo warranto?

The statutes relating to quo warranto actions are in the California Code of Civil Procedure, starting at section 803. “Quo warranto” is Law Latin for “by what authority”—as in, by what authority does this person hold this office? The words “quo warranto” are not in the statutes, but the action is still known by the name it had when it existed as part of the common law.

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 is a quo warranto?

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 public office that he or she currently occupies. The statutes relating to quo warranto are in the California Code of Civil Procedure, starting at section 803. 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.) The application and supporting documents must be prepared by a licensed attorney. More information on preparing an application is available on our Quo Warranto page. To submit a Quo Warranto application, or to ask questions about how to submit an application, please contact: 1 Marc J. Nolan 2 Deputy Attorney General 3 Office of the Attorney General 4 Opinion Unit, Dept. of Justice 5 300 South Spring Street 6 Los Angeles, CA 90013 7 [email protected]

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 is informal opinion?

Informal opinions are letters that present the considered legal analysis of the Assistant Attorneys General who write them. They also often reflect a consensus of the legal analysis of other staff involved in preparing the informal opinion. They are not personally approved by the Attorney General.

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 an attorney general opinion?

Attorney General Opinions serve to provide legal advice on questions of statutory interpretation and can provide guidance to public bodies as an alternative to costly litigation. Opinions of the Attorney General, however, are not law. They are advisory only and are not binding in a court of law. Questions of Law: Attorney General Opinions are ...

What is a speculative question?

questions of a speculative nature; questions from private individuals or entities; questions requiring factual determinations; questions which cannot be resolved due to an irreconcilable conflict in the laws (although the Attorney General may attempt to provide general assistance);

Insurrection Act

This law prohibits anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto." In the first place, this law has almost never been invoked. The leading precedent on the statute comes from a case from 1863!

Election fraud

This law bans "attempts to deprive or defraud residents of a State of a fair and impartially conducted election process, by . [the] tabulation of ballots known by the person to be materially false, fictitious, or fraudulent." Under this theory, by instructing his attorney general to say there was fraud in Georgia, Trump committed this crime.

Obstruction of justice

This law makes it a crime to corruptly obstruct, influence or impede any official proceeding or attempt to do so. Once more, the issue would be intent -- here reflected in the word "corruptly." In his January 6 speech, Trump encouraged the crowd to march to Capitol Hill but he did not explicitly encourage violence.

Hatch Act

The Hatch Act prohibits federal employees from engaging in partisan political activity. The president himself is explicitly exempt from the strictures of the Hatch Act, but could be charged with the provision that makes it "unlawful for any person to intimidate, threaten, command, or coerce" a federal employee to "engage in ...

Conspiracy to defraud the United States

This broad provision, much loved by prosecutors, makes it a crime to "conspire to commit any offense against the United States, or to defraud the United States." The first part of this law runs into the same problem as the specific statutes noted above -- that it's difficult to prove an underlying crime.