Attorney General Opinion No 1983 008

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Attorney General Opinion No. 1983-008

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-008 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 10 of L. 1982, Ch. 144 requires the secretary of social and rehabilitation services to establish a state alcohol and drug safety action program (ADSAP). The state ADSAP is funded through an assessment of $85 upon each person who is convicted of, pleads n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to, or participates in a diversion program as a result of, a violation of K.S.A. 1981 Supp. 8-1567. Moneys in the fund may be expended for a variety of services specified by statute, including pre-sentence evaluations, and supervision and monitoring subsequent to sentencing, of persons convicted of or pleading n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation. As a person participating in a diversion program does not fall into either of the above categories, the secretary is without authority to expend moneys from the fund on evaluations for such individuals who have not actually been convicted or pled n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲. However, assessment funds can be used to pay, in full or in part, the cost of any alcohol treatment and/or education program required by the diversion agreement. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 10, L. 1982, ch. 144, sections 7, 15.

Attorney General Opinion No. 1984-008

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-008 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.

Attorney General Opinion No. 1983-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-102 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 8-1008, as amended by 1983 Substitute for House Bill No. 2132, community-based alcohol and drug safety action programs are authorized to perform a variety of services relating to persons who have been arrested for the offense of driving while under the influence of alcohol. Included in such services are evaluations of persons being considered for diversion or who have been convicted but not yet sentenced. Certification of the programs which are authorized to so act in each judicial district is determined by the administrative judge of the district or, in the event such judge declines to do so, by the Secretary of the Department of Social and Rehabilitation Services. Such certification is for the limited purpose of providing the services specified by K.S.A. 8-1008, as amended, and does not act as a substitute for licensure under K.S.A. 65-4001 e̲t̲ s̲e̲q̲. and 65-4601 e̲t̲ s̲e̲q̲. In that diagnostic services are included within the definition of treatment contained in the latter acts, a community-based alcohol and drug safety action program must be licensed under such acts before it may offer such services under K.S.A. 8-1008, as amended. Cited herein: K.S.A. 8-1008, 8-1567, both as amended by 1983 Substitute for House Bill No. 2132, K.S.A. 65-4001, 65-4003, 65-4601, K.A.R. 1982 Supp. 30-31-2, L. 1982, ch. 144.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Attorney General Opinion No. 1983-147

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-147 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-147 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 8-1701, which makes the operation of a motor vehicle lacking the proper equipment a misdemeanor, refers only to that equipment which is required by K.S.A. 8-1703 to 8-1749a. K.S.A. 8-1753 does not authorize the Kansas Highway Patrol to implement rules and regulations establishing the type of equipment to be inspected by the motor vehicle inspection stations. The Kansas Highway Patrol may implement regulations governing only the method of inspection. Cited herein: K.S.A. 8-1701, 8-1703, 8-1749a, 8-1750, 8-1752, 8-1753.

Attorney General Opinion No. 1983-136

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-136 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 8-2107 (as amended by L. 1983, ch. 42, section 1) authorizes a law enforcement officer to obtain a valid Kansas driver's license as security for a person's written promise to appear in court at the appointed time. However, said statute applies only where a law enforcement officer has "halted" such person for the violation of a state traffic law, and it has no application to violations of city traffic ordinances. Although a similar procedure is provided by the Kansas Code or Procedure for Municipal Courts, it has application only in those instances where a law enforcement officer has arrested a person for a violation of a city traffic ordinance. A city may by charter ordinance exempt itself from these provisions of the Municipal Code and provide a procedure different from the statutorily-prescribed procedure for obtaining appearance bonds from persons accused of violating traffic ordinances. However, the scope of the new procedure contemplated by any such charter ordinance is limited to the extent that the charter ordinance cannot confer upon the city the power to issue, suspend, revoke, restrict or otherwise affect the use of driver's licenses, since such powers vest exclusively in the state and are not within cities' home rule powers to determine their local affairs and government. A city is limited to this same extent with respect to legislative action by the city that would permit a defendant in municipal court to post a driver's license as bond pending the payment of a fine. Cited herein: K.S.A. 8-234a, 8-235, 8-254 (as amended by L. 1983, ch. 34, section 2), 8-271, 8-1212, 8-1218, 8-1219, 8-1222, 8-1567 (as amended by L. 1983, ch. 37, section 2), 8-2101, 8-2107 (as amended by L. 1983, ch. 42, section 1), 8-2110, 8-2111, 12-4211, 12-4212, 12-4213, 12-4301, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1983-111

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-111 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-111 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 8-168, each antique motor vehicle must be registered in the county in which the owner thereof resides. Cited herein: K.S.A. 8-129, 8-168.

Attorney General Opinion No. 1983-091

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-091 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.

Attorney General Opinion No. 1984-009

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-009 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A person convicted of the offense of driving while under the influence of alcohol or drugs for the second, third or more times is subject to the mandatory sentencing provisions of K.S.A. 1983 Supp. 8-1567(d) and (e). While a person so convicted shall not be eligible for release on probation or suspension of sentence until the minimum sentence has been satisfied, he or she may participate in a work release arrangement whereby the person may be released for the purpose of working at paid employment or participating in a job training program for a prescribed number of hours each day. Diversion agreements entered into between a defendant and a city attorney are filed with the municipal court, and include a stipulation of facts upon which the charge is based. In that such agreements regard violations of traffic ordinances, they are not covered by the Criminal History Record Information Act, K.S.A. 22-474 e̲t̲ s̲e̲q̲., and so are public records subject to the provisions of the Open Records Act, K.S.A. 1983 Supp. 45-205 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1983 Supp. 8-1008, 8-1567, K.S.A. 12-4416, K.S.A. 1983 Supp. 21-4602, K.S.A. 22-4707, K.S.A. 1983 Supp. 45-206, 45-208, 45-211, 75-5267, K.S.A. 75-5269, K.A.R. 1982 Supp. 10-12-1, 10-12-2, 44-8-101, 44-8-103.

Attorney General Opinion No. 1984-023

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-023 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1983 Supp. 8-1567 (c), (d) and (e) provide that a person convicted of a violation of the statute is not eligible for probation or suspension or reduction of sentence until the minimum time of imprisonment has been served. While the term "parole" is not specifically used, the statute must be construed to include parole within those actions which are not allowed before the minimum sentence is served. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4511.

Attorney General Opinion No. 1983-123

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-123 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-123 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by L. 1983, ch. 37, K.S.A. 8-1567(c) provides that persons convicted for the first time for the offense of driving while under the influence of alcohol shall be sentenced to not less than 48 hours' imprisonment or 100 hours of public service. The term "imprisonment" includes not only actual incarceration in jail, but may refer to any situation in which the defendant's liberty is restrained and he or she is subject to additional sanctions should an escape be made. Cited herein: K.S.A. 8-1567, as amended by L. 1983, ch. 37.

Attorney General Opinion No. 1983-079

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-079 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-079 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No provision of the Code of Procedure for Municipal Courts, or any other statutory provision, grants general authority to cities to penalize ordinance violations by imprisonment for a term commensurate to that of a felony. Further, cities do not have such authority under constitutional home rule powers, since punishment of serious offenses, for which a term of imprisonment in excess of one year may be imposed, is not a "local affair," as said term is used in Article 12, section 5 of the Kansas Constitution. However, where the state of Kansas has, by statute, delegated to cities the authority to impose such a sentence with respect to a particular ordinance violation, a municipal judge may validly impose the sentence. The state of Kansas has delegated such authority with respect to third or subsequent violations of Section 31 of the S̲t̲a̲n̲d̲a̲r̲d̲ ̲T̲r̲a̲f̲f̲i̲̲c̲ ̲O̲r̲d̲i̲n̲a̲n̲̲c̲e̲ ̲o̲f̲ ̲K̲a̲n̲s̲a̲s̲ ̲C̲i̲t̲i̲e̲s̲, but has not delegated such authority with respect to violations, for a third or subsequent time, of Section 192 of said Ordinance. Cited herein: K.S.A. 8-262, 8-1401, 8-1568, 8-2001, 8-2204, 12-4101, 12-4104, 12-4509, 12-4510, 13-401, 13-424, 13-601, 14-401, 14-439, 14-801, 15-440, 15-501, 20-1401, 20-1403, 20-1424, 20-1428, 20-1501, 20-1502, 20-1601, 20-1603, 20-1801, 20-1803, 20-1901, 20-1902, 20-2001, 20-2002, 20-2101, 20-2102, L. 1965, ch. 90, section 1, L. 1973, ch. 61, section 12-4702, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1983-083

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-083 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-083 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 8-237 permits the holder of a restricted drivers license between the age of 14 and 16 to operate a motor vehicle on days while school is in session over the most direct and accessible route between the licensee's residence and school of enrollment for the purpose of school attendance. The term "school attendance" has a narrower meaning than "school activities;" therefore, the holder of a restricted license is not permitted by this statute to operate a motor vehicle for transportation to mere school activities. Cited herein: K.S.A. 8-237(a)(2), 72-133, 72-1113, 72-8302, 72-8305.

Attorney General Opinion No. 1983-117

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-117 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-117 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Senate Bill No. 310, enacted by the 1983 Kansas Legislature, provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 m.p.h. speed limit established by K.S.A. 8-1336(a)(3) shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or canceling such coverage. Information concerning such convictions, made confidential by the 1983 law, must be deleted by the official custodian from otherwise disclosable agency or court records. 1983 Senate Bill No. 310 operates prospectively only and does not close records of convictions prior to July 1, 1983. Nor does the bill require any change in traditional rights of public access to court proceedings, or close records relating to the payment of fines for such offenses or the issuance of citations, summons or warrants. Cited herein: 1983 Senate Bill No. 310 (L. 1983, ch. 28), K.S.A. 1982 Supp. 45-201, K.S.A. 8-1336(a)(3).

Attorney General Opinion No. 1988-075

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-075 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-075 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.

Attorney General Opinion No. 1983-178

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-178 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-178 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Attorney General Opinion No. 1983-063

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.