Legal Opinions of the Attorney General - Monthly Opinion Report

The Attorney General’s Opinion Unit is responsible for researching and drafting the formal opinions of the Attorney General. This Monthly Opinion Report lists all of the questions that are currently under consideration for formal opinions.

The Attorney General welcomes and solicits the views of all interested persons concerning the issues raised in any question submitted for an opinion. Views should be in writing and directed to the deputy assigned to prepare the opinion. Please follow the instructions under How to Submit Views on Assigned Opinion Requests in the right side bar menu. All views submitted before publication will be considered, but early submissions are greatly preferred. All submissions will be treated as public records subject to disclosure under the Public Records Act.

By law, the Attorney General is authorized to issue formal opinions only to certain public officials. Please see our FAQs page for more information about how to request an opinion.


New Questions Assigned During December 2022

No opinion requests were assigned during this period.


Opinions Issued or Concluded During December 2022

Opinion No. Question(s) Presented Conclusion(s) Issued
22-804

When a vacancy arises on the board of supervisors in a general law county, Government Code section 25061 authorizes an election to fill the seat for the remainder of the term at the next “general election,” subject to certain timing considerations. Are the general election dates for statewide elections in Elections Code section 324(a)(2) considered “general election” dates for purposes of filling a board of supervisor’s vacancy under Government Code section 25061?

Yes, the general election dates in Elections Code section 324(a)(2) are considered “general election” dates for purposes of filling a vacancy on the board of supervisors under Government Code section 25061. For a date to qualify as a general election date under section 324(a)(2), it must be a regular election date specified in Elections Code section 1000, and a statewide election must be held on that date.

12/01/2022

Pending Matters:


Opinion Requests

Opinion No. Question(s) Assigned To
22-1001

May David Argudo serve simultaneously as a member of the La Puente City Council and as a member of the La Puente Valley County Water District Board of Directors?


Kentfield
22-803

Was Deidre Duhart validly appointed to fill a vacancy on the Compton City Council with a two-to-one vote (with one abstention) of the remaining council members, or were three affirmative votes required for the appointment to be valid?


Bidart
22-701

1. Does Penal Code section 904.6 require a court to impanel a grand jury at the district attorney’s request?


2. Do the prosecution’s discovery obligations under Brady and Penal Code section 1054.1 include criminal grand jury materials?


Bidart
22-602

Does the State Bar of California have the jurisdiction to regulate non-attorney legal document assistants who are not engaged in the practice of law?


Kentfield
22-402

Is the governing body of the San Bernardino County District Advocates for Better Schools (SANDABS), a lobbying association within the meaning of Government Code section 53060.5, a “legislative body” within the meaning of the Brown Act, Government Code section 54952?


Medeiros
21-1001

1. May a county adopt policies to address the environmental impacts of pesticides in a Local Coastal Program without violating Food and Agriculture Code section 11501.1?


2. May a county adopt ordinances to regulate pesticides in the coastal zone to implement Local Coastal Program requirements?


Duncan Lee

Quo Warranto Matters

Opinion No. Question(s) Assigned To
22-1101

Are certain members of the Tulare Lake Basin Water Storage District Board of Directors--appointed by the Kings County Board of Supervisors in March 2021--lawfully holding their offices, or were their seats required to be filled by an election conducted under Water Code section 41000 et seq?


Kentfield
22-1002

Has David Marquez vacated his seat on the Moreno Valley City Council due to unexcused absences from council meetings for the time periods specified in Government Code section 36513?


Duncan Lee
22-802

May Paul Keefer serve simultaneously as a member of the Sacramento County Board of Education and as the President, Chief Executive Officer, and Executive Director of the Pacific Charter Institute, a charter management organization which operates charter schools in Sacramento and other California counties?


Bidart