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Attorney General Opinion No 1983 022
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Book Synopsis Attorney General Opinion No. 1983-022 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-022 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. 1982 Supp. 58-2506 provides for the termination of farm tenancies, with the general rule being that notice of termination must be provided at least 30 days prior to March 1, at which time the tenancy is terminated. While two exceptions to this rule are provided, they deal only with fall-seeded grain crops. Accordingly, if a notice is given after the deadline and a spring-seeded grain crop is put in, the exceptions do not apply and the lease continues until March 1 of the succeeding year. Cited herein: K.S.A. 1982 Supp. 58-2506.
Book Synopsis Attorney General Opinion No. 1984-022 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1984-022 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 township is a taxing body subject to the Kansas Budget Law, K.S.A. 77-2925 e̲t̲ s̲e̲q̲., including the provisions concerning expenditures from various funds and the transfer of money from one fund to another. In the absence of a statute so authorizing a transfer, money cannot be taken from one fund and placed into another, even if it has accrued over a period of time and is not budgeted to be spent. Such action would be in violation of the provisions of K.S.A. 79-2934, and would subject the officials involved to proceedings to remove them from office under K.S.A. 79-2936. Townships may deposit their active funds in a variety of accounts in which there is no minimum maturity and withdrawals are allowed on demand with no penalty. Investment of idle funds under K.S.A. 1983 Supp. 12-1675 must be made in the ways prescribed therein, each of which limits accessibility to the funds or sets a penalty for early withdrawal. Joint investment of idle funds with other townships (in order to maximize yield) is permissible, and should be done through the provisions of the Inter-local Agreement Act, K.S.A. 12-2901 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1983 Supp. 12-1675, K.S.A. 12-2904, K.S.A. 1983 Supp. 79-2925, K.S.A. 79-2927, K.S.A. 1983 Supp. 79-2934, K.S.A. 79-2936, K.S.A. 80-404, 80-1406b, 80-2021.
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.
Book Synopsis Attorney General Opinion No. 1983-139 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-139 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. 1982 Supp. 22-3801 provides that court costs, which may include witness fees, taxed against a convicted defendant in a criminal action are an enforceable judgment against the defendant. When a defendant is unable to pay witness fees and mileage, the county is obligated by K.S.A. 1982 Supp. 28-125(d) and 28-150 to pay the witness fees. After paying witnesses their statutory fees and mileage, the county may execute upon the judgment against the defendant. Cited herein: K.S.A. 1982 Supp. 22-3801, K.S.A. 22-3803, K.S.A. 1982 Supp. 28-125, K.S.A. 28-150, K.S.A. 1982 Supp. 28-172a.
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)
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.
Book Synopsis Attorney General Opinion No. 1984-119 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1984-119 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: Pursuant to K.S.A. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.
Book Synopsis Attorney General Opinion No. 1983-017 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-017 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 clerk of the court may properly be the signatory on an arrest warrant only (a) when the warrant is based upon an indictment returned by a grand jury pursuant to K.S.A. 22-3011, or (b) in a misdemeanor case when the prosecution is commenced by the filing of an information, which is verified positively or accompanied by affidavits setting forth the facts of the crime, a̲n̲d̲ a judge has expressly made the requisite findings of probable cause. A bench warrant for failure to appear must be signed by a magistrate in accordance with K.S.A. 22-2304. Cited herein: K.S.A. 22-2301, 22-2302, 22-2303, 22-2304.
Book Synopsis Attorney General Opinion No. 1983-170 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-170 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: An attorney, appointed to represent an indigent defendant under the Kansas Indigent Defense Services Act, may accept compensation for such services from private sources as long as the attorney complies with the Act's requirements regarding such compensation. The Act requires the appointed attorney to report to the court the availability of private funds sufficient to fully pay for representation of a defendant and to seek permission to either withdraw from the case or to accept compensation. K.S.A. 1982 Supp. 22-4507 requires an attorney to report any partial compensation received to the Board of Indigents Defense Services when he or she submits a claim for compensation under the Act. K.S.A. 1982 Supp. 22-4510 does not prohibit the acceptence of such compensation as long as the attorney acts as authorized or directed under the Act. Cited herein: K.S.A. 1982 Supp. 22-4501, 22-4503, 22-4507, 22-4510, L. 1976, ch. 169; 18 U.S.C. section 3006A.
Book Synopsis Attorney General Opinion No. 1985-001 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-001 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county or district attorney may, at his or her discretion, offer a person accused of the offense of driving while under the influence of alcohol the opportunity to enter into a diversion agreement. While K.S.A. 1983 Supp. 22-2909 sets forth a number of requirements for such an agreement, it specifically does not limit the terms of a diversion agreement to only those items. Accordingly, a diversion agreement may impose restrictions on the driving privileges of a defendant which may be the same as or similar to those imposed by a court under K.S.A. 1983 Supp. 8-1567(c), as amended by L. 1984, ch. 39, section 9. If a defendant accepts such a condition in a diversion agreement, his or her license should be forwarded to the division of vehicles, as provided in K.S.A. 1983 Supp. 8-1567(1), as amended. Cited herein: K.S.A-1567 Supp. 8-1008; K.S.A. 1983 Supp. 83-1567, as amended by L. 1984, ch. 39, section 9; K.S.A. 12-4416; K.S.A. 1983 Supp. 22-2909.
Book Synopsis Attorney General Opinion No. 1983-087 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-087 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: A Kansas law enforcement officer may arrest without a warrant a person in Missouri for a crime committed in Kansas when the officer is in fresh pursuit of a fleeing felon, or when a felony is or has been committed in Missouri. Cited herein: K.S.A. 22-2204.
Book Synopsis Attorney General Opinion No. 1983-175 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-175 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. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1983-025 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-025 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. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.
Book Synopsis Attorney General Opinion No. 1983-077 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-077 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: Sheriffs and their deputies may properly operate county-owned law enforcement vehicles outside the territorial boundaries of the county when exercising lawful jurisdiction outside such county or in carrying out the statutory duties of the sheriff. Cited herein: K.S.A. 19-212, 19-813, K.S.A. 1982 Supp. 22-2401a. K.S.A. 28-107b.
Book Synopsis Attorney General Opinion No. 1985-127 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-127 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
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.
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.
Book Synopsis Attorney General Opinion No. 1983-021 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-021 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 Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.
