Mississippi Code

Miss. Code Ann. § 7-5-25 (2026)

To give opinions in writing

✓ current as of July 2026

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The Attorney General shall give his opinion in writing, without fee, to the Legislature, or either house or any committee thereof, and to the Governor, the Secretary of State, the Auditor of Public Accounts, the State Treasurer, the Superintendent of Public Education, the Insurance Commissioner, the Commissioner of Agriculture and Commerce, the State Geologist, the State Librarian, the Director of Archives and History, the Adjutant General, the State Board of Health, the Commissioner of Corrections, the Public Service Commission, Chairman of the State Tax Commission, the State Forestry Commission, the Transportation Commission, and any other state officer, department or commission operating under the law, or which may be hereafter created; the trustees and heads of any state institution, the trustees and heads of the universities and the state colleges, the district attorneys, the boards of supervisors of the several counties, the sheriffs, the chancery clerks, the circuit clerks, the superintendents of education, the tax assessors, county surveyors, the county attorneys, the attorneys for the boards of supervisors, mayor or council or board of aldermen of any municipality of this state, and all other county officers (and no others), when requested in writing, upon any question of law relating to their respective offices.

When any officer, board, commission, department or person authorized by this section to require such written opinion of the Attorney General shall have done so and shall have stated all the facts to govern such opinion, and the Attorney General has prepared and delivered a legal opinion with reference thereto, there shall be no liability, civil or criminal, accruing to or against any such officer, board, commission, department or person who, in good faith, follows the direction of such opinion and acts in accordance therewith unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without any substantial support. However, if a court of competent jurisdiction makes such a judicial declaration about a written opinion of the Attorney General that applies to acts or omissions of any licensee to which Section 63-19-57, 75-67-137 or 75-67-245 applies, and the licensee has acted in conformity with that written opinion, the liability of the licensee shall be governed by Section 63-19-57, 75-67-137 or 75-67-245, as the case may be. No opinion shall be given or considered if the opinion is given after suit is filed or prosecution begun.

Codes, 1892, § 183; 1906, § 189; Hemingway's, 1917, § 3477; 1930, § 3663; 1942, § 3834; Laws, 1930, ch. 154; Laws, 1940, ch. 249; Laws, 1978, ch. 458, § 7; Laws, 1997, ch. 332, § 14, eff. 3/17/1997.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1987–2022 · leading case: Zimmerman v. Three Rivers Plan. & Dev. Dist., 747 So. 2d 853 (Miss. Ct. App. 1999).

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Zimmerman v. Three Rivers Plan. & Dev. Dist., 747 So. 2d 853 (Miss. Ct. App. 1999). · cites it 2× “No liability attaches to any entity relying in good faith on such opinion "unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without any substantial support.”

Sass Muni-V, LLC v. DeSoto Cnty., Mississippi, 170 So. 3d 441 (Miss. 2015). “…also find it to be irrelevant, as the Attorney General cannot issue opinions on matters that are in litigation. See Miss.Code Ann. § 7-5-25 (Rev.2014).”

Campaign for S. Equality v. Mississippi Dep't of Human Servs., 175 F. Supp. 3d 691 (S.D. Miss. 2016). “See Miss. Code Ann. § 7-5-25 . Counsel for the Attorney General stated that it is, nevertheless, customary to answer questions from judges but not with respect to pending litigation.”

Madison Cnty. v. Hopkins, 857 So. 2d 43 (Miss. 2003). “See Miss.Code Ann. § 7-5-25 (Supp.1997). The Attorney General has stated in several opinions that Miss.”

Buford v. Holladay, 133 F.R.D. 487 (S.D. Miss. 1990). · cites it 2× “Miss.Code Ann. § 7-5-25 (1972) requires the Mississippi Attorney General’s Office to give written legal opinions to any state officer, agency, or department upon request on any question of law relating to the duties of such public bodies or officers.”

Meeks v. Tallahatchie Cnty., 513 So. 2d 563 (Miss. 1987). “Miss. Code Ann. § 7-5-25 (Supp. 1986). Even so, we would not be bound by any such opinion.”

City of Durant v. Laws Const. Co., Inc., 721 So. 2d 598 (Miss. 1998). “See Miss.Code Ann. § 7-5-25 (Supp.1997). For the reasons previously explained, we now state that the Attorney General opinions, supra, are manifestly wrong and not binding.”

In re Assessment of Ad Valorem Taxes on Leasehold Interest Held by Reed Mfg., Inc. ex rel. Itawamba Cnty. Bd. of Supervisors, 854 So. 2d 1066 (Miss. 2003). “See Miss.Code Ann. § 7-5-25 (Rev.2002). The Mississippi Attorney General has ad *1072 dressed the issue of whether these sections apply only to a leasehold interest owned by the State or its political subdivision or if these sections apply to a privately held leasehold interest…”

Hemphill Const. Co., Inc. v. City of Laurel, 760 So. 2d 720 (Miss. 2000). “The City did not seek an opinion by the State's Attorney General, as authorized by Miss.Code Ann. § 7-5-25 (Supp.1999). By resolution of September 16, 1997, the City approved West's bid as amended, and West was awarded the contract.”

Rieger v. Grp. Health Ass'n, 851 F. Supp. 788 (N.D. Miss. 1994). “See Miss.Code Ann. § 7-5-25. 4. Whether the elected official exercises a considerable amount of control over the position By statute, all attorneys employed by the Attorney General serve “under the control and supervision of the Attorney General.”

John I. Donaldson, Cnty. Prosecutor for Yazoo Cnty., Mississippi v. Honorable Mary B. Cotton, Cnty. Court Judge/Youth Court Judge of Yazoo Cnty. (Miss. 2022). “Miss. Code Ann. § 7-5-25 (Rev. 2019) (emphasis added).”

City of Durant, Mississippi v. Laws Constr. Co., Inc. (Miss. 1994). “See Miss. Code Ann. § 7-5-25 . For the reasons previously explained, we now state that the Attorney General opinions, supra, are manifestly wrong and not binding.”

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