Justices of several states, unlike members of the federal judiciary, render advisory opinions to governors and legislatures. In those states, the justices have the authority to issue requested opinions in the absence of pending litigation. Although the practice earlier had more widespread use, it has never been employed by all states. Unless carefully circumscribed, the advisory process has considerable unexamined significance.
Robert H. Kennedy,
Advisory Opinions: Cautions About Non-Judicial Undertakings,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol23/iss2/2