A.G. Opinion No. Attorney General Steve Marshall has issued an official opinion stating that Alabama's constitutional restrictions on the expenditure of public funds shall be applied to the expenditure of the fiscal recovery funds available through the American Rescue Plan Act. Re: ADR in State Agencies May 19, 2000. Section 36-15-1Duties generally.. Att'y Gen. Ala. 21 (Nov. 16, 1984). Hours of Operation Monday - Friday 8:30 a.m. to 4:30 p.m. . In that opinion, we addressed whether the Department of Insurance could "settle administrative cases through an agreement, which includes the payment of moneys to the State of Alabama, not related to any express statutory fining authority." 2d 678 (Ala. 1981), the Supreme Court of Alabama stated that "[r]ecorded information received by a public officer in confidence, sensitive personnel records, pending criminal investigations, and records the disclosure of which would be detrimental to the best interests of the public are some of the areas which may not be subject to public disclosure. For members: Confidential help is just one call away. A 1984 state attorney general's opinion concluded that a computer printout bound in book form satisfied the requirement that sheriffs keep a "well-bound book" in their offices to be subject to the inspection of the public during office hours pursuant to Alabama Code 36-22-8 (1991). 2d 439, 440 (Ala. Civ. Attorney general opinions cannot create new provisions in the law or correct, Attorney General Opinions. Alabama Attorney General election, 2022 - Ballotpedia Alabama Court Opinions and Orders | CourtReference.com Save my name, email, and website in this browser for the next time I comment. ALA. CODE 41-22-12(f) (Supp. booklet. This LibGuide highlights Alabama attorney general opinions related to public libraries. Duties generally. :: 2013 Code of Alabama - Justia Law A.G. Opinion No. A project for maintenance of multiple water tanks that exceeds $50,000 is subject to the Training for Alabama Trustees: Attorney General Opinions Since the APA does not apply to the Department, and since no other provision of state law grants the department any legal authority to settle cases in return for a cash payment, it may not do so. Often state law can be confusing; therefore, public officials may request that the Attorney General give his legal interpretation of the law in understandable terms. As with many other aspects of litigation, the Attorney General may delegate the power to settle these cases to the general counsel of the various agencies and departments of government. We note, however, that the permission contained in section 41-22-12(f) does not alter the requirements relating to the record which must be kept in contested cases. Are you looking for Alabama Attorney General Opinions ? 2777 Zelda Road Montgomery, AL 36106. Unless precluded by statute, informal dispositions may be made of any contested case by stipulation, agreed settlement, consent order, or default or by another method agreed upon by the parties in writing. Absent the passage of new legislation, DOC cannot rename the Frank Lee Youth Center because it is a memorial . ALA. CODE 36-15-21 (Supp. facebook-f; twitter; instagram; youtube; Retention, Storage, Ownership, Production and Destruction of Client Files. As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. Honorable Don Siegelman 0000001817 00000 n The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts. Address. The Department of Corrections (DOC) can rename the Decatur Community Based Facility and Community Work Center because it is not a memorial building as defined by the Alabama Memorial Preservation Act of 2017. Attorney General Attorney General term . Is there any proscription in state law or principles of sovereign immunity which would prevent a state agency from resolving an administrative"contested case," as the term is defined in the Alabama Administrative Procedure Act ("AAPA"), by means of voluntary, nonbinding alternative dispute resolution processes, such as mediation? This opinion of the Attorney General is issued in response to your request. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). Legal Opinions of the Attorney General - Opinion Unit 0000001583 00000 n It is intended to be used by public library staff,. ; for the years 1995-1999 use only the last two digits of the year Example - 99-02, 97-15 ), or a relevant word . Consumer Hotline: 1-800-392-5658 or 334-242-7335. 22334v2/15174. SHELBY COUNTY, ALABAMA v. HOLDER, ATTORNEY. This authority may be delegated by the Attorney General to the general counsel of state agencies and departments and exercised by them under the Attorney General's oversight. Phone. Dear Governor Siegelman: . It is intended to be used by public library staff, library boards, and local funding officials to better understand how commonly asked legal questions related to the administration of public libraries have been resolved by the attorney general in the past. A.G. Opinion No. Copyright 2020 Alabama Judicial System | 300 Dexter Avenue | Montgomery, Alabama 36104 0000000690 00000 n Opinion 2018-009 November 21, 2017. . Although administrative agencies lack the authority to engage in voluntary, nonbinding alternative dispute resolution processes, such as mediation, outside the context of "contested cases," the Attorney General may engage in such processes in order to avoid litigation. Opinions Division. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). State Capitol You may also write the Alabama Attorney General's Office, 501 Washington Avenue, Montgomery, Alabama, 36130. The filing deadline was January 28, 2022. The attorney general (AG) also provides advisory opinions to local and state governments when questions arise about the constitutionality of proposed laws and regulations. Administrative agencies are creatures of the Legislature and may only exercise those powers conferred upon them by the Legislature. A.G. Opinion No. 1896 to present Access opinions of the Alabama Attorney General (1979 to present) OTHER STATES. xb```~&& cf`a8`{(aWD]DH |4@A/ r3XL@l \s4#P/ F N!H}=Wb47\ )0t.8dB_8=)v'? q=:>zaW`F >)iO piv :~T [1] Protection of the public should be a high priority. AO2016-05, AO2002-07 , etc. This Office addressed an issue similar to your second question in an opinion to Honorable D. David Parsons, Acting Commissioner, Alabama Department of Insurance, dated May 10, 1999, A.G. Opinion No. Alabama Department of Labor New Hire Reporting Form 96-00003 (discussing section 36-12-40 and Stone exceptions). This authorization thus does not apply to disputes which do not fall within the definition of a "contested case" or which are otherwise exempted from the AAPA. yz Introduction . Honorable Don Siegelman Governor Office of the Governor State Capitol. Attorney General's Office - State of Alabama Alabamainfohub.com provides information through various online resources and not liable to any kind of error or oversight. The most recent Attorney General of Alabama to pass away was John M. Patterson (served 1955-1959) on June 4, 2021. Hope, the above sources help you with the information related to Alabama Attorney General Opinions. Alabama ADRC :: Attorney General Opinions STATE OF ALABAMA OFFICE OF THE ATTORNEY GENERAL February 3, 2003 Honorable John Harrison, Director Alabama Department of Economic and Community Affairs . Attorney Generals Opinions - ct ALA. CODE 41-22-12 Commentary (1991). Office of Legal Counsel (1934 to present), Alabama's Unified Judicial System is one of the oldest in the nation. Attorney General of Alabama - Wikipedia The Attorney General of Alabama is an elected constitutional officer in the Alabama state government. The Attorney General does not address issues concerning matters currently in litigation. Post Office Box 300152. at 36-25A-9(f). Access links to the websites of the Then, this is the place where you can find sources which provide detailed information. Absent the passage of new legislation, DOC cannot rename the Frank Lee Youth Center because it is a memorial building not eligible for a waiver because it is over 40 years old. From October 2013 to November 10, 2017, the links are to the slip opinions and special writings released each week by the Court. . Office Main Number: 334-242-7300 Consumer Interest Division: 1-800-392-5658 Office of Victim Assistance: 1-800-626-7676 Formal ethics opinions are issued by the Disciplinary Commission to assist members in interpreting their ethical obligations in . Technical comments: Webmaster, Alabama Attorney General (1979 to present), Office of Legal Counsel (1934 to present). View Madison County Circuit and District Court standing orders by . trailer Attorney General's Office - State of Alabama xbbb`b``0 ` . endstream endobj 53 0 obj<>/W[1 1 1]/Type/XRef/Index[16 28]>>stream BILL PRYOR Since those opinions were issued, advances in technology, electronic filing, and internet-based . 2009 Formal Opinions. Attorney General Opinion - Alabama Board of Court Reporting 1999) (emphasis added). I hope this opinion answers your questions. 0000000857 00000 n 2019 Formal Opinions. Microfiche of opinions of the Attorneys General for the various states. If the opinion request is submitted by a board or governing body, a resolution from the . 0000001341 00000 n The Request Form allows you to fill in and save the form; however, it MUST be printed, contain an original signature, and be mailed to the Attorney General's Office. Demand for tickets is high. Supply of tickets is low. 1999). Fill out a simple online form to file a complaint with our, The library is located on the first floor of the Heflin-Torbert Judicial Building. From November 13, 2017 forward, the links are to all . 44 10 Although administrative agencies lack the authority to engage in voluntary, nonbinding alternative dispute resolution processes, such as mediation, outside the context of "contested cases," the Attorney General may engage in such processes in order to avoid litigation. at 36-25A-9(g). %PDF-1.4 % In addition, section 41-22-12(f) does not authorize a state agency to enter into a settlement or resolution that is confidential, unless otherwise authorized by law. Retention, Storage, Ownership, Production and - Alabama State Bar %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? 2018 Formal Opinions. Introduction. See ALA. CODE 41-22-12(g), (h) (Supp. Attorney General's Opinions | Camp Section 41-22-12(f) provides: BP/CBC In Stone v. Consolidated Publishing Co., 404 So. Montgomery, Alabama 36130-0152. b. Applicable Attorney General Opinions 7. PDF Financial and Compliance Guidelines for Volunteer Fire - Alabama This is one of 30 elections for attorney general taking place in 2022. 46 0 obj<>stream This Office thus opined: 0"( ;RP6 5ORj-=:sH+*3=)s t R\tng tv6E7_ g hSS ^4r*x Attorney General The website or any of the authors does not hold any responsibility for the suitability, accuracy, authenticity, or completeness of the information within. Alabama Supreme Court and State Law Library 300 Dexter Avenue Montgomery, AL 36104 Hours Attorney General's Office - State of Alabama Attorney General of Alabama - Ballotpedia Post Office Box 300152. Attorney General's Opinions. 99-00201 at 2; Bates v. Jefferson County Board of Health, 486 So. } !1AQa"q2#BR$3br ALA. CODE 36-15-21 (Supp. born 1941). The importance of this policy is evidenced in the actions of the three branches of government by the Legislature's inclusion in the APA of a process by which contested cases can be settled, see section 41-22-12(f) of the Code of Alabama, by the Governor's issuance of two executive orders encouraging state agencies to engage in dispute resolution measures where appropriate, and in the words of numerous decisions of the courts . "Opinion to Honorable D. David Parsons, Acting Commissioner, Alabama Department of Insurance, dated May 10, 1999, A.G. No. Alabama Judicial System ALABAMA. 99-00201 at 2. THE DISTRICT OF COLUMBIA, An attorney general opinion is a written interpretation of existing law. Prosecuting a BP Claim: Ethical Considerations - Alabama State Bar 0000000016 00000 n H@}Eap'!8 \:Ift5k.GI*0M"Gx5UuI9g"4(GD!t ;\A|I.$.o'L@$RakB J;0 You may search by the actual Advisory number (i.e. Search Alabama Attorney General opinions by keyword, opinion number, and date. Opinion: As a former Alabama attorney general, I do not say this lightly: An innocent man is on our death row. Bates v. Jefferson County Board of Health, 486 So. Ethics | Alabama State Bar As we noted previously, "the Attorney General may delegate the power to settle these cases to the general counsel of the various agencies and departments of government." at 1. State Departments and Agencies Attorney General Opinion; Attorney General Opinion. endstream endobj 45 0 obj<>>>/LastModified(D:20060307134029)/MarkInfo<>>> endobj 47 0 obj<>/XObject<>/ProcSet[/PDF/Text/ImageB]/ExtGState<>>>/StructParents 0>> endobj 48 0 obj<>stream startxref 99-00201 at 2-3. This general grant of authority empowers the Attorney General to settle cases, including administrative cases such as those that are the subject of your letter where the licensee has the right to take his case to the circuit court, in order to avoid such litigation. Post navigation. Attorney General's Office - State of Alabama The home page for the Attorney Generals Office State of Alabama. Your email address will not be published. 99-00201 at 2-3. GENERAL, ET AL. Section 41-22-12(f) gives permission to use "another method agreed upon by the parties in writing" and thus authorizes a state agency to use an informal settlement process, such as mediation, in resolving a contested case, provided: (1) use of such a process is not "precluded by statute" and (2) the parties agree to it in writing. Click to view pdf: Attorney General Opinion. The Alabama Memorial Preservation Act of 2017 does not render void a vote by the Demopolis City Council to alter the remains of a Confederate monument that ceased to exist before the effective date of the act. Please fill out the form completely and describe your situation in as much detail as possible. ETHICS OPINION 2010-02. Public Service Commissioner (2 seats) Alabama is holding an election for attorney general on November 8, 2022. Opinions Division. REQUEST FOR ATTORNEY GENERALS OPINION. Alabama Board of Auctioneers. Attorneys General for each state, Access opinions of the The attorney general serves as the state's chief law officer and chief law enforcement officer. Since the AAPA does not authorize agencies to engage in voluntary, nonbinding alternative dispute resolution processes outside the context of "contested cases," they may not do so. 99-00201. %%EOF Montgomery, Alabama 36130 Attorney General Opinions; AG Opinion 2007-101; AG Opinion 2008-109; AG Opinion 2018-040; Alabama Board of Auctioneers. Alternative Dispute Resolution It provides that "[a]ll litigation concerning the interest of the state, or any department of the state, shall be under the direction and control of the Attorney General.'' endstream endobj 49 0 obj<> endobj 50 0 obj<> endobj 51 0 obj<> endobj 52 0 obj<>stream 0000002056 00000 n P., Rule 16 to discourage judicial proceedings if resolution may be reached in a more informal manner." Home - Alabama Attorney General Opinions Relating to Public Libraries This does not, however, alter the requirements relating to the record which must be kept in contested cases and does not authorize confidential settlements or resolutions unless otherwise authorized by law. Office of the Governor Alabama Attorney General (1979 to present). Attorney General Opinions - Alabama State Board of Auctioneers The comments pertaining to this provision state that this "is consistent with Alabama's statutory requirement that the judiciary encourage informal settlement of disputes, section 6-6-1, as well as the intent of Ala. R. Civ. Administrative Procedure Act 99-00201 at 3. Alabama Attorney General Opinion 98-134. Section 36-15-21 of the Code of Alabama, however, authorizes the Attorney General to settle cases, including administrative cases that may result in litigation, in order to avoid litigation. at 2; ALA. CODE 41-22-2(e)(1991). Rescue Plan funds subject to Alabama's Constitution. 1999); A.G. Opinion No. May a state agency use voluntary, nonbinding alternative dispute resolution processes such as mediation to resolve disputes that occur, but which do not rise to the level of a "contested case," or which are exempted from the provisions of the AAPA? Id. 0^SH98s8)jgH/?)SRWQi1R @`RtF9=*BzczQ^ t~'4 p =)=.86\g$(. Open Government Guide Alabama - Reporters Committee 99-00201 at 2-3. See also Lori Lein, Alabama League of Municipalities General Counsel, "The Legal Viewpoint: Executive Sessions - Getting Them Right," Alabama Municipal Journal, . We hope you find it to be both useful and informative, Alabama.gov | Alabama Directory CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR. He may also initiate both civil and criminal court action to protect the state's interests or to enforce state law. It is intended to be used by public library staff, library boards, and local funding officials to better understand how commonly asked legal questions related to the administration of public libraries have been resolved by the attorney general in the past. Id. Attorney General's Office. Formal Opinions 1986-02, 1993-10, 1994-01 are the most recent pronouncements of a lawyer's ethical obligations regarding client files. Search and read over 11,000 Attorney General Opinions dating back to 1979. Consumer Complaints. Chambers v. Birmingham News Co., 552 So. 1999); A.G. Opinion No. Alabama Attorney General Opinions - Alabama Info Hub Section 41-22-12(f) of the Code of Alabama authorizes state agencies to use voluntary, nonbinding alternative dispute resolution processes, such as mediation, to resolve contested cases under the Alabama Administrative Procedure Act, provided: (1) use of such a process is not "precluded by statute" and (2) the parties agree to it in writing. The Ethics Division does not handle lawyer . Alabama Board of Court Reporting. Alabamainfohub.com acknowledges that the information provided on this website is for information purposes only. The primary duty of the Attorney General is to serve as legal counsel to Alabama's state agencies, departments, and officers. FROM THE ALABAMA LAWYER: A Primer on the Alabama - Alabama State Bar May 19, 2000 Attorney General Opinions. Section 36-15-21 of the Code of Alabama grants the Attorney General Opinion | Open letter to AG Steve Marshall and all district attorneys In a later decision, the Supreme Court also stated that "[t]here is a presumption in favor of public disclosure of public writings and records expressed in the language of 36-12-40" and "[t]he exceptions set forth in Stone must be strictly construed." Upon written request, the Attorney General furnishes written . Connecticut General Statute 3-125 authorizes the Attorney General to issue formal opinions to leaders of the General Assembly and the heads of any state agency, state board or commission. 2d 439 (Ala. Civ. 44 0 obj<> endobj This LibGuide highlights Alabama attorney general opinions related to public libraries. A library of ASB Office of General Counsel Formal Advisory Ethics Opinions is available on the Alabama Bar website. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. American Rescue Plan Act | ACCA Ala. Code 16-13-140(c) Id. Supreme Court Decisions and Opinions - Alabama Consumer Complaint. xref the general authority to oversee the conduct of the state's litigation. Alabama Supreme Court and State Law Library 300 Dexter Avenue. If not, mention your queries in the comment section. \N App. Page 1 of 2. ALA. CODE 36-15-21 (1998). Minutes: 2012 June 8. 1999 Formal Opinions. Uncategorized. 0000001105 00000 n This grant of authority permits the Attorney General to engage in voluntary, nonbinding alternative dispute resolution processes in cases which do not rise to the level of a "contested case" or which are otherwise exempt from the AAPA, if litigation could result if the matter is not settled or resolved. As a starting point, Rule 5.4 (a), Ala. R. Prof. C., states as follows: (a) A lawyer or law firm shall not share legal fees with a non-lawyer, except that: You will be notified by mail once your complaint is assigned to a Consumer Specialist . 1986). Mediation. Montgomery, Alabama 36130-0152. Advisory Opinions are available for viewing and begin with rulings from October 1, 1995 (first Advisory Opinion is AO95-67) and continues to current date. This LibGuide highlights Alabama attorney general opinions related to public libraries. Id. Home > Consumer Complaint. Coverage varies with state. at 68l. Section 41-22-12(f) of the Code of Alabama authorizes state agencies to use voluntary, nonbinding alternative dispute resolution processes, such as mediation, to resolve contested cases under the Alabama Administrative Procedure Act, provided: (l) use of such a process is not "precluded by statute" and (2) the parties agree to it in writing. Keyword, Opinion number, and date Alabama 36130-0152. b. 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