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Opinions
Opinions
Policy, Process, and Opinions
It is the duty of the Attorney General to give her opinion upon all questions of law submitted to her by the Legislature, by the governor, auditor general, treasurer or any other state official.
If the opinion request is granted, it is assigned to an assistant attorney general having recognized expertise in the relevant area of the law. This attorney is expected to prepare a thoroughly researched and well-written draft. 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. The draft also may be circulated to other attorneys within the Department of Attorney General for additional substantive review. 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 review. 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.
Opinion Request
Can I obtain an Attorney General's Opinion on a legal matter?
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 . . . ." Therefore, private residents do not have standing to seek an Attorney General Opinion. Michigan's Supreme Court has recognized that one of the "primary missions" of the Attorney General is to give legal advice to the Legislature, and to departments and agencies of state government. East Grand Rapids School Dist v Kent County Tax Allocation Bd, 415 Mich 381, 394; 330 NW2d 7 (1982). Although not legally required to do so, the Attorney General may respond to opinion requests from individual members of the Legislature. 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. County prosecutors may also submit opinion requests provided that they are accompanied by a memorandum of law analyzing the legal question.
Consistent with her primary mission, the Attorney General prioritizes opinion requests that affect the operation of state government. Because the Legislature has authorized local units of government to employ their own legal counsel to provide guidance on matters of local concern, the Attorney General typically does not issue opinions concerning the interpretation of local charters, local ordinances, locally negotiated collective bargaining agreements, and other uniquely local issues. 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.
If the opinion request is granted, it is assigned to an assistant attorney general having recognized expertise in the relevant area of the law. This attorney is expected to prepare a thoroughly researched and well-written draft. 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. The draft also may be circulated to other attorneys within the Department of Attorney General for additional substantive review. 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 her review. 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.
Attorney General Dana Nessel's Legal Opinions
Dana Nessel was sworn in as Michigan’s 54th Attorney General on January 1, 2019.
|
Opinion No. |
Year |
Topic |
|---|---|---|
|
2026 |
Constitutionality of MCL 18.1451a(3), which allows the Senate or House Appropriations Committee to disapprove of work projects designated by the State Budget Director. |
|
|
2024 |
Extending the post-election, six-day time period for the timely receipt of absent voter ballots from individuals in the military or living overseas when the sixth day of the time period falls on a holiday. |
|
|
2024 |
Interpretation of the Michigan Campaign Finance Act (MCFA) and the Michigan Election Law (MEL) with respect to candidates filing Affidavits of Identity (AOI) who previously entered into conciliation agreements to resolve past campaign finance matters. |
|
|
2024 |
Department of State's Personal Financial Disclosure Portal (Portal) created pursuant to our obligations under Proposal 2022-1 and the implementing statutes enacted by the Legislature on December 29, 2023. |
|
|
2023 |
Whether the contractual assessments imposed by local governments under the Property Assessed Clean Energy (PACE) Act are considered “special assessments by the local government and treated in a similar manner as the real estate taxes on the property.” |
|
|
2023 |
Direction on how county clerks should handle campaign finance cases that have been on their books for many years. |
|
|
2023 |
Constitutionality of 2022 PA 196, 197, amending Michigan Election Law. Modifications to 2022 PA 197 to accommodate individuals with a print disability. |
|
|
2023 |
The agricultural release exception and due care obligations. |
|
|
2023 |
Reduction in the income tax rate where a percentage increase in the general fund/general purpose revenue for the preceding fiscal year exceeded the inflation rate for that same period and the inflation rate is positive. |
|
|
2022 |
Registration of entities that keep or use animals for experimental purposes. |
|
|
2022 |
Providing reasonable accommodations to qualified individuals with a disability who request them in order to fully participate in meetings that are required by the Open Meetings Act to be held in a place available to the general public. |
|
|
2021 |
The Independent Citizens Redistricting Commission’s authority to go into a closed session. |
|
|
2021 |
Auditor General’s authority to audit post-election processes and access election records and equipment. |
|
|
2021 |
Agency Responsibilities regarding applications for tax exemption certificates. |
|
|
2021 |
County regulation of the keeping of livestock and poultry on residential land. |
|
|
2021 |
Constitutionality of the “sex-reassignment surgery” requirement of MCL 333.2831(c). Changing the sex designation on a birth certificate. |
|
|
2020 |
The executive director of the Automotive Theft Protection Authority and the State’s classified service. |
|
|
2020 |
Prohibiting firearms on the Capitol grounds and inside the Capitol building. |
|
|
2019 |
Constitutionality of 2018 PA 608, amending Michigan Election Law. |
|
|
2019 |
Table updated April 24, 2026