Mike Hilgers

Nebraska Attorney General

Attorney General Opinions

Opinions of the Attorney General are prepared in response to a specific legal question from a state agency or state official in instances where that agency or official has need of a legal opinion in the performance of their duties.  The Attorney General may provide an opinion to state legislators on a question relating to proposed or pending legislation, or when the opinion request “pertains directly to the performance of some function or duty by the Legislature itself.”  (Op. Att’y Gen. No. 157 (December 20, 1985) at 1.)  The Attorney General may also provide opinions to county attorneys when the question posed relates to “all criminal matters and in matters relating to the public revenue.”  Neb. Rev. Stat. § 84-205(3) (2014).  Attorney General Opinions issued after 1989 are available below.

The Attorney General is not authorized to give opinions to local governmental officials or private citizens.

Number Date Title PDF
18-003 7/18/2018 Whether the State Treasurer may maintain a trust account which is not specifically provided for by statute for the purpose of paying administrative costs associated with the Nebraska Educational Savings Plan Trust, and whether the funds in that trust account, which are derived from fees charged to plan participants, are state funds. PDF icon 18-003
18-002 3/27/2018 Constitutionality of LB 117, the lnvestigational Drug Use Act, Under the Supremacy Clause of the U.S. Constitution. PDF icon 18-002
18-001 3/21/2018 Constitutionality of the Refundable Income Tax Credits in LB 829 and LB 947. PDF icon 18-001
17-006 12/28/2017 Interpretation of the "Supermajority" Voting Requirement in Neb. Rev. Stat. § 13-519(2) (Supp. 2017). PDF icon 17-006
17-005 10/6/2017 The authority and role of the Chairperson of the Nebraska Board of Parole, whether the members of the Board of Parole are entitled to sick and vacation leave, and whether the Board of Parole is a code or non-code agency. PDF icon 17-005
17-004 6/5/2017 Application of the Open Meetings Act in Certain Circumstances PDF icon 17-004
17-003 5/15/2017 (1) Executive Director's Part-Time Work With Telecommunications Consulting Firm As Violation Of The Oath Required By Neb. Rev. Stat. § 75-106 (2009); And (2) Validity Of Executive Director's Employment Contract Permitting Termination For "Just Cause". PDF icon 17-003
17-002 4/17/2017 Constitutionality of LB 44 - The Remote Seller Sales Tax Collection Act. PDF icon 17-002
17-001 1/10/2017 Authority of a Register of Deeds to Refuse to Record an Instrument or to Withdraw an Instrument After Recording PDF icon 17-001
16-012 11/4/2016 Whether the State Treasurer may loan funds to Gage County pursuant to Neb. Rev. Stat. § 13-918 to pay a judgment awarded to the "Beatrice 6" under 42 U.S.C. § 1983 PDF icon 16-012