The Washington Attorney General, as the chief law officer of the state, provides official opinions on questions of law at the request of designated public officials on issues arising in the course of their duties.
While these formal legal opinions are not binding in any way, they have historically been given "great respect" and "great weight" by the courts.
Issuing Attorney General Opinions is just one of the duties of the Washington Attorney General, as the constitutional legal adviser to state officers.
Formal opinions issued by the Office of Attorney General since 1949 can be searched from this site using the links on the left. If you would prefer to review a pdf of all opinions by topic, click here.
I hope that you find this website to be a helpful tool. Please do not hesitate to call my office for further assistance.
Attorney General Bob Ferguson
What is an Attorney General Opinion?
Review the opinions index:
If you would prefer to review a pdf of all opinions 1975-2010 by topic, click here.
Join the ListServ: The Attorney General's Office publishes formal attorney general opinion requests on a ListServ. You may join the ListServ to receive e-mails of these pending requests.
Comment on pending AGOs: As a member of the listserv, you also have the option to respond and forward your comments regarding the request. If received timely, your comments will be considered in our preparation of the opinion. To join the ListServ, click here.
View opinion requests: If you would like to view information on currently pending (and past) formal opinion requests but do not want to join the ListServ, please click here.
|An Attorney General Opinion is a statement of the Attorney General’s official views on a legal question relating to a public officerʼs duties. An Attorney General Opinion, also called a “formal opinion”, thus represents the Attorney Generalʼs official position on a point of law. An Attorney General Opinion is issued in response to a request by a person who the law authorizes to request such an opinion. Attorney General Opinions are researched much like opinions issued by appellate courts and require a similar analytical and drafting effort. Attorney General Opinions are not binding on the courts, but they are usually given careful consideration and respect.
As an alternative to issuing a “formal opinion”, a request for an Attorney General Opinion may be answered by an informal letter, sometimes called an “informal opinion”. This form of response to an opinion request is explained below under the heading “Are there alternatives to issuing formal opinions?"
Who is entitled to request an Attorney General Opinion?
- Members of the Washington State Legislature.
- Statewide elected officials.
- Appointed heads of state agencies, boards, or commissions.
- County prosecuting attorneys.
Who is not entitled to an Attorney General Opinion?
- Private citizens.
- Federal officers and employees.
- Officers and employees of county, municipal, and other local governments (except county prosecuting attorneys).
- State agency employees.
What questions are appropriate for an Attorney General Opinion?
The most appropriate use for an Attorney General Opinion is to clarify the interpretation of statutes whose meaning is in dispute or doubt, or which appear to be inconsistent with other state laws. Questions concerning the validity of existing or proposed regulations (WACs) are also appropriate.
The following questions are ones for which an Attorney General Opinion would not be appropriate:
- Questions relating to issues in litigation.
- Questions relating to disputes between private persons.
- Questions seeking to resolve issues of fact or of policy rather than questions of law.
- Questions about the validity of a current state statute (questions about the validity of a proposed bill or law pending in the Legislature are acceptable).
- Questions unrelated to the duties and responsibilities of the officer making the request, or questions asked on behalf of persons not entitled to request an Attorney General’s Opinion.
- Questions seeking interpretation of purely federal or purely local laws.
How is an Attorney General Opinion requested?
After reviewing the above guidelines about what questions are and are not appropriate for Attorney General Opinions, a person authorized to request an opinion should submit a written request in letter form addressed to:
PO Box 40100
Olympia, WA 98504-0100
Indicate any information that may be helpful, including relevant research, statutes, cases, prior opinions, agency rules, and legal memoranda.
Explain why the opinion is needed, how it relates to the requesterʼs duties, and the context in which the issue arises.
Note any special needs for expedited response to the request (request for an expedited response will be considered and accommodated to the extent reasonably feasible).
Are there alternatives to issuing formal opinions?
Yes. The office may issue an informal opinion, which can be produced more quickly and efficiently. Informal opinions are letters that present the considered legal analysis of the Assistant Attorneys General who write them. They also often reflect a consensus of the legal analysis of other staff involved in preparing the informal opinion. They are not personally approved by the Attorney General. The majority of legal advice given by the Attorney Generalʼs Office in response to requests for opinions consists of informal opinions. Formal opinions typically are reserved for highly important issues of broad public significance.
Informal opinions should not be described or cited as “Attorney General Opinions”, since only formal opinions represent the official view of the Attorney General. An informal opinion should be cited as a letter of the attorney who signed the opinion, with a notation of the date and the addressee.
How does the Attorney General process requests for opinions?
- The Attorney Generalʼs Office first determines whether an Attorney General Opinion is the appropriate form of response. A request may be declined if it does not meet the guidelines for an opinion. The response may take the form of an informal letter instead of an Attorney General Opinion, or a request may be referred to a staff attorney for consultation with the requester.
- Formal opinions involve a lengthy process of research and review. Each formal opinion is carefully drafted by the assigned attorney, reviewed by the Opinions Editor, at least one other Assistant Attorney General and, finally, the Attorney General. During the process, the opinion may be revised several times.
- Notice of pending formal opinion requests is published in the Washington State Register. Interested parties may submit information to the Attorney Generalʼs Office relating to pending opinion requests. If submitted in a timely manner, this material will be considered in preparing the opinion.
- Our goal is to process each formal opinion within 90 days of the request, but the time varies depending on the complexity of the opinion and workload demands. Informal opinions are usually completed in 60 days or less.
Where can I find copies of Attorney General Opinions?
Office of the Attorney General
- The initial requester will receive the original opinion in letter form. Once received, formal opinions are available to the public.
- Formal opinions are bound and published by the Attorney Generalʼs Office.
- Formal opinions filed since October 1949 are available on the Attorney Generalʼs website at: http://www.atg.wa.gov.
- Copies of formal and informal opinions may be requested by calling the Attorney Generalʼs Office at 360-753-6200 or by letter addressed to:
Attn: Opinions Editor
PO Box 40100
Olympia, WA 98504-0100
Are hard copies of this information available?
Yes, the information above is available in an “About AGO Opinion” brochure available from the Attorney General’s Office.
For copies, contact:
The Attorney General’s Office
Attn: Opinions Editor
PO Box 40100
Olympia, Washington 98504-0100