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Official Opinions


August 2002 Opinions

Please click on Opinion number to view entire opinion.

Opinion # Requestor


02-035 The Honorable Mitchell Van Yahres
Member, House of Delegates
Transference of authority for teacher licensure from Board of Education to independent licensure board is inconsistent with constitutional mandate charging Board with general supervision of Commonwealth’s school system.
02-047 The Honorable J. Dean Lewis
Judge, Fifteenth District Juvenile
    and Domestic Relations Court
Juvenile court laws do not allow juvenile court judge to temporarily detain juvenile, pending disposition hearing, who was not detained prior to adjudication hearing at which he was determined delinquent.
02-062 The Honorable Terrie L. Suit
Member, House of Delegates
2002 amendment providing that any residential cooperative association under Act shall not be considered business for state and local tax purposes and that tangible personal property of association shall be entitled to exemption from personal property tax on household goods is not declaratory of law existing prior to July 1, 2002, effective date of legislation, and is not retroactive in its application.
02-063 The Honorable William G. Barkley
Judge, Albemarle General District Ct.
Special justice, appointed to preside over commitment proceedings involving persons alleged to mentally retarded or mentally ill and in need of hospitalization, may represent individuals in commitment hearings held within judicial circuit of such justice.
02-065 The Honorable Clarence E. Phillips
Member, House of Delegates
E-911 personnel may access criminal justice information generated by VCIN/NCIC terminals per statutorily authorized agreement with local sheriff’s office, subject to requirements of State Police. Absent specific statutory authorization, sheriff may not enter into agreement binding his successors in office.
02-081 Mr. Thomas J. McCarthy, Jr.
County Attorney for Pulaski Co.
Locality may issue more than one vehicle license free of charge to former volunteer rescue squad and fire department members meeting statutory length-of-service requirements; may not issue more than one such license, or additional licenses at discounted rate, to active members.
02-084 The Honorable Fenton L. Bland, Jr.
Member, House of Delegates
Hospital authority, organized as political subdivision, may sell its assets to for-profit corporation upon approval by circuit court of authority’s dissolution.

The Honorable J. Curtis Fruit
Clerk, Circuit Court of Virginia Beach

Recordation tax should be collected on deeds of trust where federal government is guarantor or beneficiary.