CORPORATIONS: Interest on loans to corporations. or promote any of the products or sites listed on the following The Attorney General Opinions are presented online for informational use only and do not replace the official versions. There are three methods available for searching: Party Name, Docket Number, and Attorney Case List. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. 20-000003-MZ ATTORNEY GENERAL, Defendant-Appellee. Schuette upheld a 2016 state interpretation that some small farms do not have to pay it because they are exempt from federal minimum wage law. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. HON. Frequently Asked Questions (FAQs) about firearms, together with answers prepared by the Michigan Department of State For an analysis of how the Michigan Court of Appeals views these varied procedures go to 2003 Michigan Court of Appeals Decision. Found inside – Page 250Another function of this Division is the supervision of the opinions of the Attorney General , both formal , which are published , and memorandum , which ... Freedom of Information Act Process for Attorney General. 11-84607) March 10, 2014 Leave a comment. (1963 to date) Note: The Attorney General opinions spanning the 1977-1996 period, numbering nearly 1,800, were prepared for publication on this web site by an automated process. PER CURIAM. Gretchen Whitmer . If you need assistance or have questions, you may write to the Opinions Section at: Attorney General. The Case Search Results include links to PDF copies of unpublished Court of Appeals opinions issued since July 1996, Supreme Court . On June 16, 2020, United States District Judge Paul L. Maloney certified two questions to the Michigan Supreme Court: "(1) Whether, under the Emergency Powers of the Governor Act, MCL § 10.31, et seq., or the Emergency Management Act, MCL § 30.401, et seq., Governor Whitmer has the authority after April 30, 2020, to issue or renew any . Slip Opinions. The Michigan Court of Appeals, in Beer & Wine Ass'n v Atty General, 142 Mich App 294, 300 (1985), cited the Michigan Supreme Court decision of Traverse City Sch Dist v Attorney General, 384 Mich 390 (1971) and stated: "While [attorney general] opinions do not have the force of law, and are therefore not binding on courts, they have been . 314223 Ingham Circuit Court DEPARTMENT OF ATTORNEY GENERAL, LC No. He was the Republican candidate for Michigan Attorney General in 1986, and served as president of the Prosecuting Attorney's Association of Michigan 1988-1989. OPINION NUMBER. FRANK J. KELLEY, ATTORNEY GENERAL. v. RAICH ET AL. United States Reports Opinions. Michigan law, MCL 14.32, provides that "[i]t shall be the duty of the attorney general, when required, to give her opinion upon all questions of law submitted to her by the legislature, or by either branch thereof, or by the governor, auditor general, treasurer or any other state officer . While standing in front of the Michigan Civil Rights Commission at Cadillac Place in Detroit on Friday, Feb. 1, Attorney General Dana Nessel made it clear that discrimination against the LGBTQ community does occur on a daily basis in the state of Michigan. NOTE: Attorney General Opinions issued for the period 1/01/1963 through 12/31/1976 are in Adobe Acrobat format, and may be searched by the opinion number and headnote search functions. CRIMINAL LAW: Prosecution for . Case Docket Number: Select Court: Supreme Court. Eaglin, Fulton B. for floral gifts. (376 Rev. Michigan Attorney General Opinion. The request comes after former Attorney General Bill Schuette issued a 2017 legal opinion arguing that certain small farms in Michigan do not have to abide by Michigan's minimum wage of $9.25 an hour. Michigan Attorney General Dana Nessel plans to issue a formal opinion regarding the enforcement capabilities of security staff at the capitol regarding prohibiting firearms in the building. Given the time and attention accorded these matters, the opinions process may take several months to complete depending upon the complexity of the question presented. A 1995 Michigan Attorney General Opinion stated that because the law had no immigration status requirement, an "illegal alien" could not be denied a driver's license on that basis.1 The opinion also stated that there was no AG Opinion 5215 - The State Police may return a pistol whose serial number has been altered or removed by another person to its owner after the State Police has restamped the weapon with either its original serial number or a new number issued by the Department and the owner may not be . This service provides case law, constitution, and statutes for all 50 states, including the District of Columbia. Frank Kelley served as Michigan's Attorney General from 1961 to 1998. HENRY C. SCHMIDT, State Controller, Carson City, Nevada. CLICK HERE TO RECEIVE ATTORNEY GENERAL OPINIONS. All information provided was gathered from publicly available Veteran's Service Act—Controller Authorized to Set Up $10,000 for Administration. O.L.C., containing OLC opinions for the year 1977) was published in 1980. 2 See Letter Opinion of Attorney General Frank J. Kelley to Representative Thomas G. Sharpe, dated March 2, 1971, citing: Hinkley; Dowling v Salliotte, 83 Mich 131; 47 NW 225 (1890); Hoyt v Winstanley, 221 Mich 515; 191 NW 213 (1922); and DeYoung v Mesler, 373 Mich 499; 130 NW2d 38 (1964). The Case Search feature allows for broad public access to electronic Court records. Nessel's office on Tuesday referred Sen. Jeff Irwin of Ann Arbor to the Michigan Independent Redistricting Commission's general counsel for questions. The following opinion is presented on-line for informational use only and does not replace the official version. The State Bar of Michigan Ethics Opinion RI-380 addresses the issue of whether an out-of-state attorney who moves to Michigan and applies for admission to the State Bar of Michigan may continue to practice law in the jurisdictions where the attorney is already licensed while the lawyer's State Bar of Michigan application is pending. The first volume of this new series (1 Op. How to Submit a Question of Law for AG Consideration. ." | Michigan Open Carry, Inc. The Attorney General's authority to issue opinions is controlled by Government Code section 12519. Other typical reasons for declining a request are: 1) the requester is not a person authorized to request an opinion under the applicable law; 2) the request seeks an interpretation of proposed legislation that may never become law; 3) the question asked is currently pending before a court or administrative tribunal or likely to be the subject of litigation in the near future; 4) the request involves the operation of the judicial branch of government or a local unit of government; or 5) the request seeks legal advice on behalf of, or involves disputes between, private persons or entities. In deciding whether to grant such requests, the Attorney General takes into account the need to allocate limited resources and other long recognized policy considerations outlined below. Nessel's opinion sets the stage for a likely court . If you are not a member of the site yet, please register - we'd love you to be part of our online community. The draft also may be circulated to other attorneys within the Department of Attorney General for additional substantive review. Department of Attorney General.] See Kysor Industrial Corp. v. DM Liquidating Co., 11 Mich App 438 (1968 . The attorney general concedes that the informed consent law requires new activities or services to be performed by local public health departments. . In addition the service provides Michigan primary law, administrative code, state court rules, federal court rules, attorney general opinions, and the model civil jury instructions. By statute, 1 the Attorney General is required to give her opinion on questions of law submitted by the Legislature, Governor, Auditor General, Treasurer, or any other state officer. (Attorney General Opinion Number 2346 dated July 18, 1956) Other Provisions (Supplementary Information) This section contains excerpts and descriptions of many of the provisions of the State Constitution, State Statues, Court Cases and Attorney General Opinions that specify what local governments can and cannot do. . Michigan Compiled Laws. text, missing keywords, incorrect subject text, etc.) The Assistant Attorney General for Law then reviews the draft to assure it is legally sound and performs any editing that may be needed before sending the draft to the Chief Legal Counsel. In Attorney General Opinion 99-56, this office was asked whether the Florida National Guard could enter into a land use agreement that contained an indemnification clause. Efforts of Attorney General Dana Nessel and some state lawmakers resulted in the creation of a new unit intended to tackle the issue . If you encounter an error in the opinions text, or the keyword or subject lists (such as garbled text, missing keywords, incorrect subject text, etc. 353860 Court of Claims LC No. This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. . By using this website, you agree not to use it in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, or to use any device, software or routine that interferes with the proper . You may also e-mail OpinionsRequest@OhioAttorneyGeneral.gov to request a copy of the previously-issued opinion. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts. Under § 4 of the Act, MCL 333.26424, a qualifYing patient and a primary caregiver, who […] Representative Mark Meadows of the 69th District has officially submitted a request for Attorney General Schuette's opinion on this matter. The extensive opinion-writing process, by its nature, promotes plain English. Michigan Attorney General Dana Nessel has issued an opinion that the governor's executive orders related to COVID-19 are enforceable. The Assistant Attorney General for Law then reviews the draft to assure it is legally sound and performs any editing that may be needed before sending the draft to the Chief Legal Counsel. General Order, ADB 2020-1 Regarding Operations in Light of COVID-19 Board Order Decided: 03/24/20. Lansing residents who want to keep ducks and goats in their backyards have been asking for changes to county zoning laws for years, but a recent opinion from Michigan Attorney General Dana Nessel . Use the By Docket Number search to locate the Court docket sheet for a specific docket number. Opinion: Nessel's Line 5 lawsuits could drive up your heating bill this fall. I share former Michigan Supreme Court Justice Maura Corrigan's disappointment in the filing of criminal charges against Nick . Schuette v. Coalition to Defend Affirmative Action, 572 U.S. 291 (2014), was a landmark decision of the Supreme Court of the United States concerning affirmative action and race- and sex-based discrimination in public university admissions.In a 6-2 decision, the Court held that the Fourteenth Amendment's Equal Protection Clause does not prevent states from enacting bans on affirmative action . Drafts of most formal opinions and some letter opinions are first submitted for consideration and approval by the Attorney General's Opinion Review Board (ORB), before submission to the Attorney General for his review. ANDREW SHIRVELL, Claimant-Appellee, August 19, 2013. Her core initiatives are based on her promise to Michigan's residents — to give the Department of Attorney General back to the people that it serves. East Grand Rapids School Dist v Kent County Tax Allocation Bd, 415 Mich 381, 394; 330 NW2d 7 (1982). About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. This page is provided for informational purposes only. Open the PDF in a new window. Case List By Attorney. Freedom of Information Act Procedures and Guidelines. 1/16/01)i Michigan Attorney Discipline Board. In her first legal opinion since taking office, Attorney General Dana Nessel said the law that authorized . Appellate Docket Sheet. AG Nessel to Reconsider Predecessor's Opinion on LGBTQ Protections. Drafts of most formal opinions and some letter opinions are first submitted for consideration and approval by the Attorney General's Opinion Review Board (ORB), before submission to the Attorney General for his review. CARSON CITY, January 14, 1944. Lozano, John P. Increasing Discipline From a Three-Year Suspension to Disbarment and Affirming Restitution Board Order Board Opinion Decided: 04/30/20. Opinion: Attorney General Dana Nessel must not weaponize her office. Opinion No. New Life in Christ Church is seeking Supreme Court review of a recent ruling by a Virginia state . ), please make us aware of the error so that we may correct it. December 12, 2017. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN The docket number is also known as the case number. In addition to state statutes concerning firearms, this publication includes selected Michigan Attorney General Opinions that interpret various firearms laws. This attorney is expected to prepare a thoroughly researched and well-written draft. STATE OF MICHIGAN COURT OF APPEALS ANDREW SHIRVELL, Claimant-Appellee, FOR PUBLICATION January 8, 2015 9:00 a.m. v No. opinion and order denying motion by attorney general bill schuette to file amicus curiae brief 1/23/2017 16-13174: john doe v. david h. baum et al. The State Emergency Operations Center has released the following statement: The Michigan Legislature's failure to pass an extension of the state of emergency and disaster declared by Gov. "It is my opinion, therefore, that a Michigan resident who holds a concealed pistol license issued by another state is exempt under subsection 12(1)(f), MCL 28.432(1)(f), of the Firearms Act from Attorney General Opinion Confirms Major Paradigm Shift for Michigan Pistol Licensing and Registration. Michigan Attorney General Dana Nessel has issued an opinion that the governor's executive orders related to COVID-19 are enforceable. Can I obtain an Attorney General's Opinion on a legal matter? The following opinion is presented on-line for informational use only and does not replace the official version. Michigan Attorney General Dana Nessel's office has declined a request from a Democratic state senator seeking a formal opinion on how prison populations are counted during the redistricting process. (MiLW No. pages. 2 Michigan's Supreme Court has recognized that one of the "primary missions" of the . index. Input must be a 4-digit ID. Michigan Attorney General Opinions. Nessel's opinion sets the stage for a likely court . Welcome to the online community. (1963 to date) Numerical list of Opinions: click here. Opinions issued from 1977 forward may be searched by the opinion number, keywords, subjects, headnotes, and text search functions. Case Docket Number: Select Court: Supreme Court. Opinion No. The American Freedom Law Center filed a federal civil rights lawsuit against Dana Nessel, the Michigan Attorney General, and . . The Michigan Department of Attorney General does not endorse Consistent with his primary mission, the Attorney General prioritizes opinion requests that affect the operation of state government. Subsection 4 (8), MCL 15.234 (8), of the Freedom of Information Act, 1976 PA 442, MCL 15.231 et seq ., does not impose a specific time by which a public body must fulfill a request for . ago 5883. ago 5888. ago 5924. ago 7122. ago 7123. ago 7124. ago 7125. ago 7138. ago 7142. ago 7143. ago 7144. ago 7145. farrell, 010263 miago, ago 4037 Michigan law, MCL 14.32, provides that "[i]t shall be the duty of the attorney general, when required, to give his opinion upon all questions of law submitted to him by the legislature, or by either branch thereof, or by the governor, auditor general, treasurer or any other state officer . OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1944 94. 252575 St. Joseph Circuit Court Attorney General . The Michigan Supreme Court has also issued rulings regarding the Act including its most recent pronouncement in Macomb County Prosecuting Attorney v Murphy, 464 Mich 149 (2001). The following opinion is presented on-line for informational use only and does not replace the official version. March 10, 2014. In that decision, 5740. Michigan's Freedom of Information Act (FOIA), MCL 15.231 et seq, provides that certain persons can receive copies or make inspections of most public records of public bodies upon written request. 12-000344-AE Appellant, and DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS/UNEMPLOYMENT INSURANCE AGENCY, Respondent. MIKE COX, ATTORNEY GENERAL. Opinions of the Attorney General Relating to the Open Meetings Act... 32 Prepared by the Michigan Legislature This information is provided free to Michigan citizens and is not for reproduction for resale or profit. Opinion No. . Now, according to MCL 14.32 "It shall be the duty of the attorney general, when required, to give his opinion on all questions of law submitted to him by . Michigan's new attorney general is raising the stakes in the fight over whether a tunnel under the Straits of Mackinac will replace the Enbridge Line 5 oil-and-gas pipeline. line of Attorney General opinions. 342086 Ingham Circuit Court LC No. My name is Lawrence Wasden and I'm Idaho's 32nd Attorney General. Case Search Tips. Found insideThis intimate portrait of Franklin D. Roosevelt was written by his close friend and associate, the late Supreme Court Justice Robert H. Jackson. Case Docket Number Search Results - 343517. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. PACER. Before: MARKEY, P.J., and SHAPIRO and GADOLA, JJ. The Opinions Review Board is responsible for managing the Attorney General's opinions process; drafting, reviewing, and editing all formal opinions, letter opinions, and informational letters provided to members of the Legislature, the Governor, or any other state officer pursuant to MCL 14.32; handling all citizen correspondence regarding opinions, and reviewing citizen correspondence . However, the attorney general argues that the trial court erred in holding that the Headlee Amendment requires the Legislature to enact a new appropriation specifically identifying Send us the opinion number and a brief description of the error by e-mail. Opinion No. While the agreement recognized that any indemnification would have to be consistent with state law, the contract further provided that the Guard waived all rights and . The Michigan Supreme Court is not obligated to issue an advisory opinion. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law. 7275. . FREEDOM OF INFORMATION ACT: Public body's time for fulfilling request for public records. If the opinion request is granted, it is assigned to an assistant attorney general having recognized expertise in the relevant area of the law. Court of Appeals. United States Court Opinions. Google Scholar. The last volume of the Attorney General opinions (43 Op. Mississippi Attorney General Opinions Searchable Database of Official Opinions Search Help. input value(s), please re-enter. Read More ». If you Get this from a library! There was a time when the office of attorney general in Michigan was synonymous with consumer protection. Court of Appeals. 30 East Broad Street, 25th Floor. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN. Building Construction & Licensing Complaints, Send us the opinion number and a brief description of the error by email, Opinion: Agency Responsibilities Regarding Applications for Tax Exemption Certificates, Opinion: County Regulation of the Keeping of Livestock and Poultry on Residential Land, Opinion: Sex-Reassignment Surgery Requirement for Birth Certificate Change, Opinion: Firearms in the Capitol Building, January 1, 2019: Line 5 - Constitutionality of 2018 PA 359, Michigan Department of Attorney General Written Public Summary of the Department's Freedom of Information Act Procedures and Guidelines, Michigan Department of Attorney General please make us aware of . Michigan law, MCL 14.32, provides that "[i]t shall be the duty of the attorney general, when required, to give his opinion upon all questions of law submitted to him by the legislature, or by either branch thereof, or by the governor, auditor general, treasurer or any other state officer . It is my opinion, therefore, in answer to your first question, that the costs incurred providing mental health services to an inmate incarcerated in a county jail are ultimately the responsibility of the county under MCL 801.4. A compilation of the firearms laws of Michigan reprinted from Michigan Compiled Laws. Also contains selected Michigan Attorney General opinions and selected state administrative rules regulating the use of firearms in Michigan. Appellate Docket Sheet. DEAR MR. SCHMIDT: This will acknowledge receipt of your letter of January 12, 1944, CONCEALED WEAPONS: FIREARMS: Opinions 16-13137: JOHN DOES #1-6, on behalf of themselves and all others similarly situated v. The person must sufficiently describe the records he or she seeks. The report goes so far as to recommend that the state attorney general consider "investigating those who have been utilizing misleading and false information" about election fraud in Michigan . If the Michigan Supreme Court declines to issue an Advisory Opinion and the Attorney General issues an opinion that passage of the amendments was unlawful or unconstitutional, the Attorney General's Opinion is binding on the Executive Branch unless overturned by a court. I was elected to my fifth term in 2018 and am the longest serving attorney general in the state's history. General opinions issued from 01/01/1963 through 12/31/1976 are in Adobe, Invalid NOTE: Attorney General Opinions issued for the period 1/01/1963 through 12/31/1976 are in Adobe Acrobat format, and may be searched by the opinion number and headnote search functions. STATE OF MICHIGAN COURT OF APPEALS In re PETITION OF ATTORNEY GENERAL FOR SUBPOENAS. This attorney is expected to prepare a thoroughly researched and well-written draft. Michigan Court of Appeals. I first joined the Office of the Attorney General in 1989 as a Deputy A.G. assigned to the Idaho State Tax Commission. The community mental health . Opinions issued from 1977 forward may be . This series has supplanted the Attorney General series. A former criminal prosecutor and civil rights attorney, Dana Nessel was sworn in as Michigan's 54th Attorney General on January 1, 2019. LANSING, Mich. (AP) — A lawyer who has made false claims about vote-counting machines in Michigan's 2020 election has won former President Donald Trump's endorsement for state attorney general. Att'y Gen., covering the years 1974-82) was published in 1996. Freedom of Information Act Procedures and Guidelines. 7232 May 27, 2009 Honorable Goeff Hansen State Representative The Capitol Lansing, Michigan You have asked if a trustee of a general law township with a population less than 25,000 may simultaneously serve as the fire chief of a fire department jointly administered by the township and a general law village. Attorneys within the Department of LICENSING and REGULATORY AFFAIRS/UNEMPLOYMENT INSURANCE AGENCY, Respondent person sufficiently. 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