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 April 2021

Opinion No. Question Requested by Assigned To
21-401

May a district attorney provide criminal defense counsel or a self-represented criminal defendant an unredacted copy of a witness's or victim's state summary criminal history information during the criminal discovery process?

Riverside District Attorney Michael A. Hestrin Medeiros
04/16/2021

Opinions Issued or Concluded During April 2021

No opinions were issued or concluded during this period.


Pending Matters:


Opinion Requests

Opinion No. Question Assigned To
21-401

May a district attorney provide criminal defense counsel or a self-represented criminal defendant an unredacted copy of a witness's or victim's state summary criminal history information during the criminal discovery process?


Medeiros
20-1001

May a District Attorney provide criminal defense counsel the defendant's unredacted state summary criminal history information during the criminal discovery process?


Medeiros
20-303

Does a request for access to personal information under the California Consumer Privacy Act apply to internally-generated inferences or derived data?


Duncan Lee
20-301

Does a declaration of (1) a shelter crisis under Government Code section 8698 et seq., or (2) a public emergency under Government Code section 8625 et seq., constitute a state of emergency for purposes of the “Good Samaritan” Law in Health and Safety Code section 1799.102?


Binsacca
20-102

May an executive director or other employee of a charter school serve as a member of the county board of education in the county where their employing school is located?


Binsacca
20-101

1. May an elected county recorder, whose operations are solely funded by recording fees collected as directed by Government Code section 27361, subdivision (a), re-claim from the county those fees diverted to the county’s general fund and utilized for supporting other county departments?


2. In the alternative, may the county recorder recoup the diverted funds by means of an offset?


Daniels
19-1001

Does Government Code section 83105 prohibit a Fair Political Practices Commission member from making a campaign contribution to a candidate for President and/or Congress?


Bidart
19-301

Is a paid victim advocate for sexually exploited youth a mandated reporter under the Child Abuse and Neglect Reporting Act CANRA?


Eisenberg
18-1001

Is a county animal shelter permitted to refuse to relinquish an owner-surrendered dog to a nonprofit no-kill shelter?


Duncan Lee
18-902

When a subdivider owns one parcel and subdivides that parcel pursuant to a parcel map, then sells off the resulting new subdivided parcels, and subsequently acquires a contiguous parcel and seeks to divide that parcel pursuant to a parcel map, should the local agency count the previously subdivided contiguous parcels as part of the application?


Medeiros
18-603

1. May a county superintendent of schools stay the issuance of bonds by a school district in fiscal distress under Education Code section 42127.6?


2. May such a stay remain in place pending resolution of an investigation related to the fiscal distress or outstanding audit deficiencies?


Binsacca
18-201

Is it a Brown Act violation for joint powers authority members to consult with their respective appointing authority during its open meeting? Is it a due process violation for member agencies of the authority to instruct their respective appointees to the authority on how to decide a pending adjudicative matter?


Bidart
18-103

Does Penal Code section 919(b) require the civil grand jury to annually investigate local detention centers as "public prisons"?


Bidart
16-402

Must specified prior offenders receive a formal pardon from the Governor in order to obtain a "Certificate of Rehabilitation and Pardon" and qualify for a classified employment position at a school or community college district?


Eisenberg
14-202

May the "premium" generated from a school district bond sale be used to pay for expenses of issuance and other transaction costs?


Medeiros

Quo Warranto Matters

Opinion No. Question Assigned To
21-201

May the same person simultaneously serve as a member of both the Antelope Valley Community College District Board of Trustees and the Antelope Valley Healthcare Board of Directors?


Medeiros
21-103

May the same person serve simultaneously on the La Habra City Council and as a member of the Orange County Office of Education Board of Directors.


Nolan
21-101

May the same person serve as a member of the Board of Directors for both the Imperial County Office of Education and the Imperial County Community College District?


Daniels