December 2001 Opinions
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entire opinion.
| 01-102 | The Honorable Bill Bolling Member, Senate of Virginia |
Election laws referring to ‘incapacitated’ and constitutional provision referring to ‘mentally incompetent’ as standards for disqualifying person from voting are not in conflict. Court has option to determine whether ‘incapacitated’ adjudication rises to standard of mental incompetence necessary to deprive person of his voting franchise. General Assembly has power to eliminate court’s option. |
| 00-107 | Mr. Michael M. Collins County Attorney for Alleghany County |
Alleghany County may not offset funding provided to Alleghany-Highlands Economic Development Authority for failed industrial project against minimum amount county is required to remit annually as member of Authority. |
| 01-047 | The Honorable William C. Mims Member, Senate of Virginia |
Question regarding whether law-enforcement officers employed in off-duty capacity are considered to be performing ‘law enforcement activities’ for purposes of workers’ compensation and personal and property damage liability coverage under local government risk management insurance program requires factual determination rather than interpretation of federal or state law, rule or regulation. Authority of Attorney General to issue official advisory opinions is limited to questions of law. |
| 01-046 | The Honorable Joel C. Cunningham Judge, General District Court of Halifax County |
General district court clerk is not required, nor authorized, to determine whether deferred judgment order is statutorily authorized prior to assessing applicable costs. |
| 01-058 | The Honorable Robert J. McCabe Sheriff for the City of Norfolk |
Statutes relating to rights of victims involved in juvenile matters control over general statutes in Crime Victim and Witness Rights Act relating to rights of victims. Proposed computerized system of victim notification may not be implemented in cases involving juvenile offenders. |
| 00-106 | The Honorable W. Edward Meeks III Commonwealth’s Attorney for Amherst County |
Juvenile court has no authority to appoint guardian ad litem for juvenile defendant, in addition to appointment of legal counsel, to represent child in criminal or delinquency proceeding. |
| 00-111 | The Honorable Raymond C. Robertson Commonwealth’s Attorney for the City of Staunton |
Duty of teacher or other school administrator who suspects (1) that 18-year-old student is having sexual relationship with 13- or 14-year-old student, or (2) that two students, who are minors and whose age difference falls within purview of § 18.2-63, are engaging in sexual conduct, to report knowledge of such activity to local department of social services for investigation. |
| 01-031 | The Honorable Timothy S. Fisher Judge, Seventh Judicial District of Virginia |
District court is without jurisdiction to order issuance of restricted permit to individual whose conviction for second offense driving while intoxicated occurred in October 1998. |
| 01-080 | The Honorable Richard H. Black Member, House of Delegates |
Person with concealed weapons permit is prohibited from carrying concealed weapon onto property within territorial scope of Virginia State Parks Regulations. |
| 00-097 | The Honorable Dollie M. Compton Clerk, Circuit Court of Russell County |
Circuit court may order payment of restitution prior to payment of court costs. Judge may issue standing order that clerk credit payments made by defendant, as condition of probation, toward restitution before collecting court costs. |
| 01-104 | The Honorable H. Morgan Griffith Member, House of Delegates |
Commonwealth Transportation Commissioner must value outdoor advertising signs in eminent domain cases using fair market valuation. |
| 01-103 | The Honorable William C. Mims Member, Senate of Virginia The Honorable Joe T. May |
Federal Women’s Health and Cancer Rights Act and state law require coverage for reconstructive breast surgery in course of treatment of cancer where all or part of breast is surgically removed and coverage for surgery to reestablish symmetry between breasts. Any benefit covered under Act that is not mandated by state law is required by Act. Issue of preemption does not arise where state law requires at least same coverage for reconstructive breast surgery as Act requires. |
| 01-049 | The Honorable Clifford R. Weckstein Judge, Twenty-Third Judicial Circuit |
Person under 18 who has been convicted of committing offense for which demerit points have been assessed or are assessable, or violates safety belt or child restraint laws must attend driver improvement clinic but is prohibited from earning safe driving points. Statute providing that safe driving points shall not be awarded for court-assigned clinic attendance repeals statute authorizing court to determine whether person shall receive safe driving points upon satisfactory completion of driver improvement clinic. |
| 01-090 | The Honorable R. Steven Landes Member, House of Delegates |
Individual who presses ‘pay inside’ button at self-service gasoline pump to activate pump to dispense fuel into his motor vehicle and drives away without paying is guilty of gasoline theft and is subject to criminal prosecution under petit larceny laws. |
| 01-078 | The Honorable Jay K. Katzen Member, House of Delegates |
Commonwealth’s attorney should use restraint in discretionary exercise of governmental power, such as in selection of cases to prosecute. |
| 01-095 | The Honorable William C. Mims Member, Senate of Virginia |
Town that is not separate school district and that imposed tax on town consumers of local cellular telecommunication service after January 1, 2000, has no authority to impose such tax. |
| 00-020 | The Honorable Mary Lou Ebinger Commissioner of the Revenue for Middlesex County |
Assessment of manufactured home that has become affixed to, and is taxed as, real estate is subject to review by local board of equalization. Assessment of manufactured home that has not become affixed to real estate and is classified as tangible personal property is not subject to review by local board. |
| 00-088 | The Honorable Sharron S. Mitchell Clerk, Circuit Court of the City of Fredericksburg |
Subject credit line leasehold deed of trust presented for recordation in accordance with bankruptcy court’s order confirming debtor’s plan of reorganization is not subject to state and local recordation taxes. |
| 01-055 | The Honorable Rossie D. Alston Jr. Judge, Circuit Court of Prince William County |
Circuit court may not waive order of reference to local director of social services for investigation and report to be undertaken in stepparent adoption proceeding when consent by noncustodial birth parent has not been obtained. |