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A Look Inside the Legal Opinion Unit of the California Attorney General's

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A Look Inside the Legal Opinion Unit of the California Attorney General's The Los Angeles County Bar Association Appellate Courts Section Presents Opinionated: A Look Inside the Legal Opinion Unit of the California Attorney General’s Office Wednesday, January 17, 2018 Program - 4:30 p.m. - 5:30 p.m. California Court of Appeals , Los Angeles 1 CLE Hour (INCLUDES 1 HR OF APPELLATE COURTS SPECIALIZATION CREDIT) Provider #36 The Los Angeles County Bar Association is a State Bar of California approved MCLE provider. The Los Angles County Bar Association certifies that this activity has been approved for MCLE credit by the State Bar of California. TABLE OF CONTENTS Page Biographies ..................................................... 3 Attorney General Legal Opinion Materials............................. 4 Government Code section 12519 ............................... 5 Attorney General’s Guidelines for Issuing Opinions................ 6 Opinion 07-208 [91 Ops.Cal.Atty.Gen. 11 (2008)] ................. 10 Opinion 12-301 [95 Ops.Cal.Atty.Gen. 1 (2012)] .................. 20 Opinion 16-603 [__ Ops.Cal.Atty.Gen. __ (2017)] ................. 38 Opinion 17-302 [__ Ops.Cal.Atty.Gen. __ (2017)] ................. 49 Ennabe v. Manosa (2014) 58 Cal.4th 697 ......................... 53 Orange County Employees Assn. v. County of Orange (1993) 14 Cal.App.4th 575 .................................... 70 Quo Warranto Materials ........................................... 76 Code of Civil Procedure section 803 et seq. ..................... 77 Code of Regulations, Title 11, sections 1 - 11 .................... 79 Opinion 13-504 [96 Ops.Cal.Atty.Gen. 48 (2013)] ................ 83 Rando v. Harris (2014) 228 Cal.App.4th 868 ..................... 91 2 BIOGRAPHIES Panelists Marc J. Nolan is the Lead Deputy Attorney General for the California Attorney General’s Legal Opinions and Quo Warranto Unit. He was previously a Supervising Deputy Attorney General in the Attorney General’s Criminal Division, where he served as statewide coordinator for the division’s handling of issues involving the Substance Abuse and Crime Prevention Act (diversion and treatment for nonviolent drug offenders) and Compassionate Use Act (medicinal marijuana). He received his law degree from the UCLA School of Law, and his undergraduate degree in Psychology from the University of California at Berkeley. Larry Daniels is a Deputy Attorney General in the Attorney General’s Legal Opinions and Quo Warranto Unit. He is responsible for drafting opinions on behalf of the Attorney General and is currently managing several quo warranto matters. Before this assignment, he was the Supreme Court Reviewer and a Supervising Deputy Attorney General in the Appeals, Writs, and Trials section of the Attorney General’s Criminal Division. There, he obtained an affirmance of the murder conviction in the Phil Spector appeal, and a reversal of the Ninth Circuit’s grant of habeas relief in Cavazos v. Smith (2011) 565 U.S. 1. Catherine Bidart is the newest Deputy Attorney General in the Attorney General’s Legal Opinions and Quo Warranto Unit. Previously, she litigated civil cases in the Health, Welfare and Education section of the Attorney General’s Office as well as the California Department of Transportation. Prior to that, Catherine worked in Sacramento as a staff attorney for the California Law Revision Commission, then as a Deputy Legislative Counsel. She received an LL.M. from the University of Cambridge, England, a J.D. from U.C. Hastings College of the Law, and a B.A. in Communications Studies from UCLA. Moderator Kent J. Bullard is a Deputy City Attorney in the Criminal Appellate Section of the Los Angeles City Attorney’s Office. He previously practiced civil appeals and writs at Greines, Martin, Stein and Richland LLP, civil litigation and appeals at Quinn Emanuel Urquhart & Sullivan, LLP, and criminal appeals and writs at the Office of the California Attorney General in Los Angeles. He clerked for U.S. District Judge David W. Hagen in the District of Nevada after earning his law degree from the UCLA School of Law. 3 ATTORNEY GENERAL LEGAL OPINION MATERIALS 4 1/6/2018 Law section Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: GOV Section: 12519. Search Up^ << Previous Next >> cross-reference chaptered bills PDF | Add To My Favorites Highlight GOVERNMENT CODE - GOV TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986] ( Division 3 added by Stats. 1945, Ch. 111. ) PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ARTICLE 2. General Powers and Duties [12510 - 12532] ( Article 2 added by Stats. 1945, Ch. 111. ) 12519. The Attorney General shall give his or her opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commission, Superintendent of Public Instruction, Insurance Commissioner, any state agency, and any county counsel, district attorney, or sheriff when requested, upon any question of law relating to their respective offices. The Attorney General shall give his or her opinion in writing to a city prosecuting attorney when requested, upon any question of law relating to criminal matters. (Amended by Stats. 2001, Ch. 76, Sec. 1. Effective January 1, 2002.) http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12519. 5 1/1 January 2017 ATTORNEY GENERAL’S GUIDELINES FOR ISSUING OPINIONS ON QUESTIONS OF LAW The Attorney General’s authority to issue legal opinions is set out in Government Code section 12519: “The Attorney General shall give his or her opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commission, Superintendent of Public Instruction, Insurance Commissioner, any state agency, and any county counsel, district attorney, or sheriff when requested, upon any question of law relating to their respective offices. “The Attorney General shall give his or her opinion in writing to a city prosecuting attorney when requested, upon any question of law relating to criminal matters.” RECIPIENTS Under section 12519, the Attorney General may give opinions only to the specified public officials, and not to private citizens or to public officials who are not listed in the statute. Constitutional Officers. The Attorney General may provide an opinion to any state constitutional officer: the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commissioner, Superintendent of Public Instruction, and Insurance Commissioner. Legislators. The Attorney General may provide an opinion to “any Member of the Legislature.” This refers to the State Senate and the State Assembly, but not to local legislative bodies such as city councils or county boards of supervisors. Requests may be made by individual state legislators, but not by legislative committees or consultants. 6 Attorney General’s Guidelines for Issuing Opinions on Questions of Law January 2017 Page 2 State Agencies. The Attorney General may provide an opinion to “any state agency.” The Attorney General interprets this as permitting opinions to be provided to state-level departments, agencies, boards, and commissions. This does not include local agencies, even though the local agency has been organized under state statutes. A request by a state agency or department should be made by or on behalf of the head of the state agency or department, not by individual employees of the agency. A request by a state board or commission must be authorized by a majority vote of the board or commission. The California Supreme Court and Court of Appeal are state agencies authorized to request opinions. Requests should come from the chief justice or a presiding justice of the court or, as is usually the case, be submitted by the Administrative Office of the Courts. County Counsel, District Attorneys, and Sheriffs. The Attorney General may issue an opinion to “any county counsel, district attorney, or sheriff.” The request should be made by or on behalf of the elected or appointed district attorney, county counsel, or sheriff, not by individual deputies or employees. City Prosecuting Attorneys. The Attorney General may issue an opinion to “a city prosecuting attorney when requested, upon any question of law relating to criminal matters.” Opinions may not be given to city attorneys who do not prosecute criminal cases. Whether or not a city attorney prosecutes criminal cases, an opinion may not be given to a city attorney on a question of civil law. QUESTIONS PRESENTED Government Code section 12519 states that opinions will be provided on “questions of law.” Requests that require factual investigations or that would require the resolution of a factual dispute are declined. Requests for advice, or for policy determinations, are also declined. Section 12519 also states that opinions will be given to specified officers on questions “relating to their respective offices.” Requests for opinions posed on behalf of others, or on questions unrelated to the office, are declined. For policy reasons, the Attorney General also declines to give opinions on legal questions under special circumstances. The limitations include: Conflicts of Interest under the Political Reform Act. The Attorney General normally recommends that questions
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