History of the Opinions of the Attorney General

Since 1807, when Alabama was a part of the Mississippi Territory, the Attorney General has been appointed, and later elected by the people, to serve as the legal representative for the state of Alabama. One of the constitutional duties of the Attorney General is to issue opinions to authorized public officials and agencies.

The Attorney General was required to “give his opinion in writing upon all cases concerning the public interest.” (Chapter XXII, section 4, of the 1807 Statutes of the Mississippi Territory, page 230). The duty of the Attorney General to give written opinions was reaffirmed at statehood in the acts passed by the General Assembly of the State of Alabama at its First Session in 1819 (approved December 17, 1819).

Throughout the over 200 years of Alabama history, the duty to write, and later publish, opinions has remained. Acts passed as early as 1887 and continuing until 1935, required the Attorney General to submit a biennial written report to the Governor and to include in the report opinions deemed of public interest. The 1935 Acts of Alabama amended the mandate. Act 1935-527 required the Attorney General to submit quarterly reports to the Governor and to include written official opinions rendered during the three-month period (1935 Ala. Act No. 1935-567). Acts of Alabama 2010-369 and 2010-695, amended section 36-15-1 of the Code of Alabama to eliminate the requirement to print and distribute official opinions and to allow for publication on the internet and to distribute electronic copies to public officials by email (2010 Ala. Acts No. 2010-369, 2010 Ala. Acts No. 2010-695).