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Official Opinions

 

July 2012 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.  They are not "rulings" and 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

12-062

The Honorable Harvey L. Bryant
Commonwealth's Attorney
City of Virignia Beach

A trial court may not order a person convicted of a felony to serve any confinement in jail on weekends or nonconsecutive days.

12-025

The Honorable Mark D. Sickles
Member, House of Delegates

A state agency can negotiate to include in its grant agreement a provision that makes MWAA’s receipt of Virginia funds conditional upon MWAA conducting the procurement in a manner that does not give a preference to offerors who will have a Project Labor Agreement.  Further, although such a condition would be enforceable in accordance with general contract laws, it could not be enforced through the special remedial provisions contained in the new legislation, because MWAA is not subject to the statute providing those remedies.