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Official Opinions

 

February 2010 Opinions
Please click on Opinion number to view entire opinion.

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  Official opinions do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general.  

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505).  A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

 

Opinion # Requestor

Summary

09-068 The Honorable James E. Plowman
Loudoun County Commonwealth's Attorney
No authority for Commonwealth’s attorney to provide representation for toll facility operator in actions brought under § 46.2‑819.1 or § 46.2‑819.3 for unpaid tolls, administrative fees, and civil penalties.
10-001 The Honorable G. Glenn Oder
Member, House of Delegates
Charter of City of Newport News does not require that Newport News School Board rely on sole legal advice of City attorney; Board may retain its own counsel.
09-071 The Honorable Thomas Davis Rust
Member, House of Delegates

Federal law governing employment of unauthorized aliens explicitly and implicitly preempts any Virginia law that would impose civil or criminal sanctions upon persons employing such aliens; imposition of injunction constitutes civil sanction which is preempted by federal law