Who May Request an Opinion?

Arkansas Code Annotated 25-16-702 designates the Attorney General as the attorney for all state officials, departments, institutions, and agencies. The specific responsibility to provide legal opinions is set forth in A.C.A. § 25-16-706 as follows:

(a)(1) Upon request, the Attorney General shall, without fee or reward, give his opinion to the Governor and to the heads of the executive departments of this state upon any constitutional or other legal question that may concern the official action of those officers.

(2) He shall, when requested, give his opinion to the prosecuting attorney of any circuit upon any legal question that concerns the financial interests of the state or any county and upon any question connected with the administration of the criminal laws of the state.

(3) He shall also give his opinion, when requested, to either house of the General Assembly, and any member thereof, upon the constitutionality of any proposed bill and to all state boards and commissions upon any question connected with the discharge of the duties of those boards and commissions.

(b) The Attorney General is required to furnish to county boards of election commissioners an official opinion upon any inquiry submitted to him concerning the provisions of the election laws of this state.

(c) All opinions shall be written when the inquiry is in writing and request is made for a written opinion.

(d)(1) Whenever any real estate is bought for the State of Arkansas by any agency, department, board or commission authorized to buy real estate, it shall be the duty of the seller of the property, at the seller's own expense, to provide a commitment to issue a title insurance policy acceptable to the agency, department board or comission.

(d)(2) Upon request, the Attorney General shall provide to the agency, department, board or comission buying the property advice and counsel regarding the purchase of the property.

(e) Nothing in subsection (a), (b), or (d) of this section shall relieve the Attorney General of discharging any and all duties required of him under the common law or by any of the statutes of this state or relieve the prosecuting attorneys of any duties required of them by the statutes of this state.

A.C.A. § 25-16-706.

The Requesters

Constitutional Officers

A.C.A. § 25-16-706(a)(1) provides that "upon request, the Attorney General shall, without fee or reward, give his opinion to the Governor and to the heads of the executive departments of this state upon any constitutional or other legal question that may concern the official action of those officers." In compliance with this statute, Attorney General’s opinions are provided to the State’s constitutional officers, which include the Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Commissioner of State Lands, and to the heads of the executive departments and agencies in the State.

Legislators

A.C.A. § 25-16-706(a)(3) states that opinions shall be provided "to either house of the General Assembly, and any member thereof on the constitutionality of any proposed bill." In addition, the Attorney General addresses a significant number of opinion requests presented by legislators on questions of state and local law which are pertinent to their duties.

Heads of State Boards and Commissions

The Attorney General is also required to render opinions to state boards and commissions on questions connected to the duties of such boards. An opinion request from a board or commission must be signed or endorsed by the chairman or director, or submitted by the administrator or secretary thereof following a vote of the board or commission. Opinion requests from individual members of a board or commission will be declined.

County Boards of Election Commissioners

A.C.A. § 25-16-706(b) provides that "[the] Attorney General is required to furnish to county boards of election commissioners an official opinion upon any inquiry submitted to him concerning the provisions of the election laws of this state."

Prosecuting Attorneys

A.C.A. § 25-16-706(a)(2) states that the Attorney General ". . . shall, when requested, give his opinion to the prosecuting attorney of any circuit upon any legal question that concerns the financial interests of the state or any county and upon any question connected with the administration of the criminal laws of the state." In compliance with provisions of this statute it is the policy of the Opinions Division to accept requests from deputies, but responses are addressed to the prosecuting attorney.

Personnel Records

Custodians, requesters, and subjects of personnel or evaluation records have an individual right to seek the opinion of the Attorney General under the Freedom of Information Act, which states:

Either the custodian, requester, or the subject of the records may immediately seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his opinion.

A.C.A. § 25-19-105(c)(3)(B).

A request by a state official is not necessary in this instance.