Jason S. Miyares
Attorney General of Virginia

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1999 Official Opinions

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 ยง 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.

*Section 2.1-118 of the Code of Virginia authorizes the Attorney General of Virginia to render official opinions to the Governor,  members of the General Assembly, judges, the State Corporation Commission, state agency heads, and certain local officials.  The Honorable Mark L. Earley was sworn in as Attorney General at noon, January 17, 1998.   The Honorable Richard Cullen served as Attorney General of Virginia from June 11, 1997, to January 17, 1998.  The Honorable James S. Gilmore, III, served as Attorney General during 1996 until his resignation on June 11, 1997.

December

Opinion #

Requestor

Summary
99-071

Mr. Joseph Benedetti

Director, Department of Criminal Justice Services 

 Ordinance incorporating by reference crimes classified as misdemeanors
     
99-064

The Honorable John T. Frey

Clerk, Circuit Court of Fairfax County

 Applicant's name on notary commission
     
99-086

The Honorable Philip Hamilton

Member, House of Delegates

 Substitution   of chemically dissimilar drugs
     
99-111

The Honorable Robert G. Marshall

Member, House of Delegates 

 Copies of board meeting minutes subjects to board approval