Category: Attorney General Opinions

Leonard C. Collins, Esquire Attorney General of Maryland — Opinion September 12, 2002 VEHICLE LAWS — ALCOHOL — RELATED OFFENSES — LAW ENFORCEMENT OFFICERS — POLICE MAY USE REASONABLE FORCE TO OBTAIN MANDATORY BLOOD OR BREATH SAMPLE FROM MOTORIST INVOLVED IN FATAL ACCIDENT Leonard C. Collins, Esquire President Maryland State’s Attorneys’ Association J. JOSEPH CURRAN, […]

Mr. Don S. Hillier, Chairman Health Services Cost Review Commission. Attorney General of Maryland — Opinion March 29, 1999. HEALTH SERVICES COST REVIEW COMMISSION HOSPITALS — BONDS — MARYLAND HOSPITAL BOND PROGRAM AVAILABLE FOR BONDSISSUED BY MARYLAND INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY ON BEHALFOF CLOSING HOSPITAL J. JOSEPH CURRAN, JR. Dear Don S. Hillier You have […]

Mr. H. Robert Hergenroeder Attorney General of Maryland — Opinion May 5, 1998 FINANCIAL INSTITUTION — CREDIT UNIONS — MEMBERSHIP RESTRICTIONS Mr. H. Robert Hergenroeder Commissioner of Financial Regulation 500 North Calvert Street, Suite 402 Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Commissioner Hergenroeder: You have requested our opinion concerning restrictions on membership in […]

The Honorable C. Eugene Butler Attorney General of Maryland — Opinion April 9, 2002 The Honorable C. Eugene Butler Mayor, Town of Easton 16 South Washington Street Easton, Maryland 21601 J. JOSEPH CURRAN, JR. Dear Mayor Butler: You have requested our opinion on whether the Easton Town Council may, by ordinance, grant subpoena power to […]

Tracy A. Gilmore, Esquire Attorney General of Maryland — Opinion January 28, 1998 FAMILY LAW — DOMESTIC VIOLENCE — COURTS AND JUDGES — USE OFFORCE TO RETURN CHILD KEPT IN VIOLATION OF CUSTODY ORDER Tracy A. Gilmore, Esquire Deputy State’s Attorney for Carroll County 125 North Court Street — Suite 303 P.O. Box 530 Westminster, […]

Ms. Nancy S. Forster, Public Defender Office of the Public Defender. Attorney General of Maryland — Opinion October 17, 2006. PUBLIC DEFENDER TORTS — IMMUNITY — WHETHER ATTORNEYS WHO ACCEPT REFERRALS OF INDIGENT CLIENTS FROM THE PUBLIC DEFENDER FOR PRO BONO REPRESENTATION ARE COVERED BY THE MARYLAND TORT CLAIMS ACT J. JOSEPH CURRAN, JR. You […]

Jefferson L. Ghrist, President Larry C. Porter, Vice President Wilbur Levengood, Jr., Commissioner Caroline County Commissioners. Attorney General of Maryland — Opinion August 3, 2011. COUNTIES CODE HOME RULE COUNTIES — ELECTIONS — ARTICLE XVII OFMARYLAND CONSTITUTION DOES NOT BAR SPECIAL ELECTION TO FILL INITIALVACANCIES FOR NEW COUNTY COMMISSIONER POSITIONS IN A CODE HOMERULE COUNTY, […]

Honorable Galen Clagett. Attorney General of Maryland — Opinion January 16, 2008. BUDGETARY ADMINISTRATION STATE POLICE — AVIATION — EMERGENCY MEDICAL SERVICES — ALLOCATION OFCOSTS OF STATE POLICE AVIATION COMMAND TO MARYLAND EMERGENCY MEDICALSYSTEM OPERATIONS FUND DOUGLAS F. GANSLER, Attorney General. The Honorable Galen Clagett Maryland House of Delegates Have asked for our opinion on […]

Ms. Bonnie A. Kirkland, Chair, Human Relations Commission, Law Article Review Committee Attorney General of Maryland — Opinion November 14, 2008. CIVIL RIGHTS AND DISCRIMINATION CODE REVISION — WHETHER 1964 STATUTE PROHIBITING RECEIPT OFREMUNERATION FOR PARTICIPATION IN A “RACIAL DEMONSTRATION” ISCONSTITUTIONAL. DOUGLAS F. GANSLER Dear Bonnie A. Kirkland On behalf of the Article Review Committee […]

Sheriff P. Richard Sanders, Jr. Attorney General of Maryland — Opinion October 18, 1999 Sheriff P. Richard Sanders, Jr. Garrett County Sheriff’s Office 311 East Adler Street Oakland, Maryland 21550 J. JOSEPH CURRAN, JR. Dear Sheriff Sanders: You have asked for our opinion concerning your authority to appoint deputy sheriffs and other employees of the […]

The Honorable S.G. Samuel Moxley Chair, County Council of Baltimore County. Attorney General of Maryland — Opinion October 18, 2007. PUBLIC SCHOOLS EDUCATION — P UBLIC INFORMATION A CT — ACCESS OF COUNTY AUDITOR TOSTUDENT RECORDS AS PART OF AUDIT AND UNDER THE PUBLIC INFORMATION ACT DOUGLAS F. GANSLER, Attorney General. The Honorable S.G. Samuel […]

The Honorable Paula Colodny Hollinger Attorney General of Maryland — Opinion May 26, 1998 The Honorable Paula Colodny Hollinger 206 James Senate Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Senator Hollinger: You have asked for our opinion concerning the application of four separate federal and State laws that attempt to avert conflicts […]

Sheila McDonald Executive Secretary, Board of Public Works Attorney General of Maryland — Opinion March 27, 2003 BOARD OF PUBLIC WORKS — GOVERNOR — PARDONS — COMPENSATION OF ERRONEOUSLY INCARCERATED INDIVIDUAL — GOVERNOR MAY ISSUE PARDON EVEN IF COURT HAS PREVIOUSLY OVERTURNED INDIVIDUAL’S CONVICTION J. JOSEPH CURRAN, JR. Dear Sheila McDonald Executive Secretary, Board of […]

Merle Ann Beck, Esquire Attorney General of Maryland — Opinion March 3, 1998 BALTIMORE CITY — ELECTIONS — AUTHORITY TO CONDUCTSPECIAL ELECTION TO FILL CITY COUNCIL VACANCIES Merle Ann Beck, Esquire City Solicitor’s Office 126 City Hall 100 Holliday Street Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Ms. Beck: You have requested our opinion […]

Mr. Robert C. Brennan Assistant Secretary Department of Business and Economic Development Attorney General of Maryland — Opinion October 16, 2000 Business and Professions — Maryland Small Business DevelopmentFinancing Authority — Definition of “Economically Disadvantaged” Mr. Robert C. Brennan Assistant Secretary Department of Business and Economic Development J. JOSEPH CURRAN, JR. Dear Mr. Brennan: During […]

John B. Norris, III, Esquire County Attorney for St. Mary’s County Attorney General of Maryland — Opinion February 17, 2004 COUNTIES ST. MARY’S COUNTY — OPEN MEETINGS ACT — PRE — APPLICATION MEETING UNDER COUNTY ZONING ORDINANCE IS NOT A “PUBLIC AGENCY MEETING” AT WHICH OFFICIAL ACTION IS TAKEN, TRIGGERING PUBLIC NOTICE REQUIREMENT J. JOSEPH […]

The Honorable Sue Fryer Ward Attorney General of Maryland — Opinion November 16, 2000 Health — Life-sustaining Procedures — Application Of Health Care Decisions Act To Decisions About Tube Feeding. The Honorable Sue Fryer Ward Secretary of Aging J. JOSEPH CURRAN, JR. Dear The Honorable Sue Fryer Ward You have requested our opinion about the […]

The Honorable Stuart Simms Attorney General of Maryland — Opinion March 7, 2000 The Honorable Stuart Simms Secretary, Department of Public Safety and Correctional Services 300 East Joppa Road, Suite 1000 Towson, Maryland 21286-3020 J. JOSEPH CURRAN, JR. Dear Secretary Simms: You requested an opinion concerning a 1998 amendment of State law that essentially incorporates […]

The Honorable William Donald Schaefer Comptroller Attorney General of Maryland — Opinion September 9, 2002 TAXATION — INCOME TAX — EDUCATION — DEDUCTION FOR CONTRIBUTIONS TO MARYLAND HIGHER EDUCATION INVESTMENT PLAN LIMITED TO $2500 ANNUALLY PER BENEFICIARY J. JOSEPH CURRAN, JR. Dear Honorable William Donald Schaefer You have asked about the proper interpretation of a […]

The Honorable Theresa A. Nolan Attorney General of Maryland — Opinion August 21, 1997 Courts and Judges — Jurisdiction and Procedure — Waiverof Publication in Name Change Case The Honorable Theresa A. Nolan Circuit Court for Prince George’s County Court House 14735 Main Street Upper Marlboro, Maryland 20772 J. JOESPH CURRAN, JR. Dear Judge Nolan: […]

Susan M. Erlichman, Esquire Executive Director Maryland Legal Services Corporation Attorney General of Maryland — Opinion January 5, 2004 LANDLORD AND TENANT EMPLOYMENT — DIPLOMATIC IMMUNITY — WHETHER LIVE-IN DOMESTIC EMPLOYEE HAS TENANCY RIGHTS THAT MAY BE ENFORCED AGAINST FOREIGN DIPLOMAT J. JOSEPH CURRAN, JR. Dear Susan M. Erlichman, Esquire Your predecessor asked for our […]

The Honorable George C. Edwards Maryland Delegate. Attorney General of Maryland — Opinion January 12, 2006. MUNICIPALITIES TAXATION — MUNICIPALITY LACKS AUTHORITY TO IMPOSE “STREETUTILITY FEE” WITHOUT ENABLING LEGISLATION FROM THE GENERALASSEMBLY J. JOSEPH CURRAN, JR. Dear George C. Edwards You have requested our opinion on the authority of the City of Cumberland (“City”) to […]

The Honorable John R. Leopold County Executive, Anne Arundel County. Attorney General of Maryland — Opinion June 14, 2007. ARREST CRIMINAL RECORDS — PUBLIC INFORMATION ACT — MUG SHOT IN POSSESSION OFPOLICE DEPARTMENT IS NOT “CRIMINAL HISTORY RECORD INFORMATION” BUTSHOULD BE TREATED AS INVESTIGATORY RECORD SUBJECT TO INSPECTION UNDERTHE PUBLIC INFORMATION ACT DOUGLAS F. GANSLER. […]

George A. Nilson, Esquire, City Solicitor for the City of Baltimore. Attorney General of Maryland — Opinion September 11, 2008. FIREARMS PREEMPTION — BALTIMORE CITY — LOCAL ORDINANCE THAT REQUIRES GUN OWNERTO REPORT THEFT OR LOSS OF GUN NOT PREEMPTED BY STATE LAW DOUGLAS F. GANSLER. Dear George A. Nilson You have requested our opinion […]

Dr. Edward C. Papenfuse, Ph.D. Attorney General of Maryland — Opinion August 10, 1999 Dr. Edward C. Papenfuse, Ph.D. State Archivist and Commissioner of Land Patents Hall of Records Commission 350 Rowe Boulevard Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Dr. Papenfuse: You have requested our opinion whether the State Archivist may determine, with […]

Stephanie P. Anderson, Esquire County Attorney Prince George’s County Government Office of Law. Attorney General of Maryland — Opinion August 22, 2008 CORRECTIONS COUNTIES — INTERSTATE COMPACTS — WHETHER LOCAL GOVERNMENT MAY ENTERINTO AGREEMENT WITH OUT-OF-STATE JURISDICTION TO TRANSFER INMATES INEMERGENCY CIRCUMSTANCES DOUGLAS F. GANSLER. Dear Stephanie P. Anderson You have requested our opinion regarding […]

Barbara L. Holtz, Esquire Attorney General of Maryland — Opinion February 13, 1997 Barbara L. Holtz, Esquire County Attorney for Prince George’s County Room 5121 County Administration Building Upper Marlboro, Maryland 20772 Charles W. Thompson, Esquire County Attorney for Montgomery County 101 Monroe Street — 3rd Floor Rockville, Maryland 20850 J. JOESPH CURRAN, JR. Dear […]

Charles A. Moose, Ph.D. Attorney General of Maryland — Opinion August 11, 2000 Wiretap and Electronic Surveillance — Law EnforcementOfficers — Officer Who Inadvertently Makes Audio Recordingin Connection With Authorized Videotaping Would Not ViolateWiretap Act Charles A. Moose, Ph.D. Chief of Police Montgomery County Police Department J. JOSEPH CURRAN, JR. Dear Chief Moose: You have […]

Nancy S. Forster, Esquire Public Defender. Attorney General of Maryland — Opinion October 3, 2008. PUBLIC DEFENDER CRIMINAL PROCEDURE — PUBLIC INFORMATION ACT — WHETHER A STATE’SATTORNEY OR OTHER STATE AGENCY MAY CHARGE A FEE TO THE PUBLIC DEFENDERFOR PROVIDING DISCOVERY OR OTHER MATERIALS IN CONNECTION WITH A CRIMINALCASE. DOUGLAS F. GANSLER. You have asked […]

Colonel David B. Mitchell Attorney General of Maryland — Opinion July 19, 2002 FIREARMS HANDGUNS — REQUIREMENT OF “INTEGRATED MECHANICAL SAFETY DEVICE” Colonel David B. Mitchell Superintendent Maryland State Police J. JOSEPH CURRAN, JR. Dear Colonel David B. Mitchell In your capacities as Superintendent of the Maryland State Police and Chairman of the Maryland Handgun […]

The Honorable James S. Grimes Attorney General of Maryland — Opinion October 2, 1997 Municipalities — Administrative Law —Disqualification of Legislator in Quasi-JudicialProceeding The Honorable James S. Grimes Mayor of Frederick City Hall 101 North Court Street Frederick, Maryland 21701 J. JOESPH CURRAN, JR. Dear Mayor Grimes: You have requested our opinion on the law […]

Elizabeth A. McKennon, Esquire McKennon Shelton Attorney General of Maryland — Opinion March 17, 2003 Elizabeth A. McKennon, Esquire McKennon Shelton Henn LLP 401 East Pratt Street Suite 2315 Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Ms. McKennon: As counsel to the Maryland Health and Higher Educational Facilities Authority (“MHHEFA”), you have asked whether […]

Mr. Joseph Getty Director of Policy Governor’s Policy Office Attorney General of Maryland — Opinion October 27, 2003 CONSTITUTIONAL LAW — ESTABLISHMENT CLAUSE — BUDGETARY ADMINISTRATION — STATUTORY AND CONSTITUTIONAL LIMITATIONS ON FAITH-BASED AND COMMUNITY-BASED INITIATIVES. J. JOSEPH CURRAN, JR. Dear Mr. Joseph Getty Director of Policy Governor’s Policy Office An uncodified provision of the […]

The Honorable Eileen H. Rehrmann Attorney General of Maryland — Opinion November 15, 1996 The Honorable Eileen H. Rehrmann County Executive of Harford County County Office Building 220 South Main Street Bel Air, Maryland 21014 J. JOSEPH CURRAN, JR. Dear Ms. Rehrmann: You have requested our opinion whether Harford County may adopt, by ordinance, a […]

The Honorable G. Frederick Robinson Mayor, City of Bowie. Attorney General of Maryland — Opinion June 14, 2007. PUBLIC ETHICS LAW PUBLIC INFORMATION ACT — MUNICIPALITIES — BOWIE PUBLIC ETHICSORDINANCE IS CONSISTENT WITH STATE PUBLIC ETHICS LAW — EXEMPTIONS FROMDISCLOSURE IN ORDINANCE ARE CONSISTENT WITH PUBLIC INFORMATION ACT DOUGLAS F. GANSLER. Dear G. Frederick Robinson […]

William M. Rudd, Attorney General of Maryland — Opinion December 19, 2000 Sheriffs — Code Home Rule Counties — Sheriff’s Authority With Respect To Construction Of New Detention Center And Training Of Employees William M. Rudd, Esq. County Attorney for Allegany County J. JOSEPH CURRAN, JR. Dear William M. Rudd, On behalf of the Board […]

Bruce A. Myers, CPA Legislative Auditor Department of Legislative Services. Attorney General of Maryland — Opinion July 13, 2007. PROCUREMENT WHETHER STATE AGENCIES MAY USE THE “CONSTRUCTION MANAGER AT RISK”PROJECT DELIVERY METHOD UNDER THE STATE PROCUREMENT LAW DOUGLAS F. GANSLER. Dear Bruce A. Myers, CPA You have requested our opinion whether State agencies may use […]

Mr. Ellsworth Naylor, Chairman Board of License Commissioners of Montgomery County Attorney General of Maryland — Opinion January 30, 2001 Alcoholic Beverages — Liquor Boards — Resolution Of Potential Deadlock Of Montgomery County Board J. JOSEPH CURRAN, JR. Dear Mr. Ellsworth Naylor, You have asked for an opinion on the effect of two provisions of […]

The Honorable Joseph F. Vallario, Jr. Attorney General of Maryland — Opinion January 6, 1997 The Honorable Joseph F. Vallario, Jr. 510 Auth Road, 6th Floor Suitland, Maryland 20746 J. JOESPH CURRAN, JR. Dear Delegate Vallario: You have requested our opinion on two questions about the rulemaking authority of Maryland Court of Appeals, as applied […]