State Rep. Doug Wozniak this week voted in support of legislation clarifying that formal opinions issued by Michigan’s attorney general are advisory in nature and do not carry the force of law.

House Bill 5712 makes clear that attorney general opinions issued in response to requests from state officials are legal guidance only and do not have binding legal authority over state departments, agencies, or the courts.

“Attorney general opinions serve an important purpose, but they are not law,” said Wozniak (R-Shelby Township). “In our constitutional system, laws are written by the Legislature, enforced by the executive branch, and interpreted by the courts. This bill reinforces those fundamental principles and helps ensure no single office exercises authority beyond what the law provides.”

Michigan law requires the attorney general to issue opinions on legal questions submitted by the governor, either chamber of the Legislature, the auditor general, treasurer, or other state officers. While these opinions often provide valuable legal guidance, they have sometimes been treated by departments and agencies as though they carry binding legal authority.

However, the Michigan Supreme Court made clear in a 2020 opinion that formal attorney general opinions do not bind the courts. State law likewise does not grant attorney general opinions binding effect over executive departments or agencies.

“Legal advice and legal authority are two different things,” Wozniak said. “When agencies begin treating advisory opinions as binding directives, it can blur the lines between the branches of government and undermine the role of both the Legislature and the courts. This legislation provides needed clarity.”

Wozniak said House Bill 5712 strengthens transparency and accountability in state government by clearly defining the legal effect of attorney general opinions while preserving their role as an important source of legal guidance for public officials.

The bill now advances to the Senate for further consideration.