When will the Attorney General's opinion be overruled?

California, United States of America


The following excerpt is from Jimmy Swaggart Ministries v. State Bd. of Equalization, 204 Cal.App.3d 1269, 250 Cal.Rptr. 891 (Cal. App. 1988):

Initially, we note while it is true, as Ministries points out, that this opinion has not been overruled by the Attorney General, it is also true the Attorney General has not affirmed this position either; there have been no new opinions issued on this specific topic in the past eight years. Opinions of the Attorney General are issued in response to specific questions posed by state legislators, officers and agencies and are not issued gratuitously. (See Gov.Code, 12519.) Second, opinions of the Attorney General are advisory only and do not carry the weight of law. (People v. Vallerga (1977) 67 Cal.App.3d 847, 870, 136 Cal.Rptr. 429.) We find the Attorney General's opinion unpersuasive in its reliance on a privilege analysis and in light of subsequent court decisions.

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