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Official Opinions

 

 

May 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
10-034 The Honorable Robert Tata
Member, House of Delegates

The Attorney General cannot conclude that Code § 22.1-79.1, which directs school boards to set the starting date for students after Labor Day, is unconstitutional.

10-033 The Honorable R. Edward Houck
Member, Senate of Virginia
Code § 46.2-856 prohibits overtaking two vehicles that are traveling side by side, unless one of the exceptions specified in the statute applies.
10-027 The Honorable Christopher K. Peace
Member, House of Delegates
When one of the exemptions found in Code § 38.2-2627 applies, the State Corporation Commission lacks the authority to bring an enforcement action.  Moreover, the terms of the contract dictate whether a home service contract provider is considered a contractor.  Finally, when home service providers are acting as “contractors and subcontractors” they must comply with Chapter 11.   
10-025 The Honorable Michele B. McQuigg
Prince William County Circuit Court Clerk
The authority vested in a minister or other person authorized to perform the rites of matrimony in Virginia does not extend to a celebration of marriage under a Virginia marriage license when the ceremony is conducted outside the territorial boundaries of the Commonwealth of Virginia. 
10-036 The Honorable Jack Kennedy
Clerk of the Circuit Court for Wise County and City of Norton

Clerk may enter into private subscription agreements: (1) where local bar rules provide such authority, and court permits; (2) where local governing body has authorized it; or (3) pursuant to clerk’s statutory authority to purchase such services. Metal detector screenings and door locks do not necessarily negate requirement that library be open to public.