Attorney General Opinion No 1986 003

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Attorney General Opinion No. 1986-003

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (833 download)

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Book Synopsis Attorney General Opinion No. 1986-003 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-003 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county attorney is required to file the appropriate pleadings for, and appear in, proceedings following an adjudication that a child is in need of care pursuant to the Kansas Code for Care of Children, K.S.A. 1984 Supp. 38-1501 e̲t̲ s̲e̲q̲. and K.S.A. 1984 Supp. 19-702. In that these services are a statutory duty, a county attorney is entitled to no additional compensation for such services. Cited herein: K.S.A. 1984 Supp. 19-702; 38-1502(e), as amended by L. 1985, ch. 144, 51 and ch. 145, 53; 38-1510; 38-1529; 38-1562; 38-1581.

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. 1986-035

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-035 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-035 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of 1986 House Bill No. 2789 create a state gaming revenues fund. Depending upon the passage of other legislation, all or part of the fund may be derived from the operation of a state lottery. While such a lottery is currently prohibited by Article 15, Section 3 of the Kansas Constitution, approval of a proposed constitutional amendment in November, 1986 would permit such activity. Under both Kansas case law and decisions in other states, the legislature may enact bills which are effective only upon the occurrence of some future event, which in this case would be approval of the lottery amendment. Accordingly, 1986 House Bill No. 2789 would be constitutional if enacted. Cited herein: K.S.A. 8-1336; 8-1340; L. 1974, ch. 360; L. 1985, ch. 314; ch. 364; 1985 Senate Concurrent Res. No. 1603; 1986 House Bill No. 2789; Kan. Const., Art. 15, sections 3, 4.

Attorney General Opinion No. 1986-020

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-020 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-020 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.

Attorney General Opinion No. 1986-095

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-095 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-095 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the Safety Belt Use Act is to educate rather than punish. However, law enforcement officers should not be constrained from enforcing the act within the bounds of its provisions. When an officer can articulate facts which would lead a cautious person to believe that a violation has occurred, a citation may then issue. Drivers are not to be cited for violations committed by passengers. Any person 10 or more years of age may be held responsible for failure to fasten their safety belt. Cited herein: K.S.A. 1985 Supp. 8-1344; 8-1345; K.S.A. 8-2101; K.S.A. 1985 Supp. 21-3105; 38-1602, K.S.A. 41-2719; L. 1986, ch. 35, sections 3, 4.

Attorney General Opinion No. 1986-163

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (845 download)

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Book Synopsis Attorney General Opinion No. 1986-163 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-163 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 65-516(a)(3) provides that no person may be licensed to operate a child day care home or child boarding home if said person has a resident, employee or regular volunteer who has been validated as a child abuser by the Department of Social and Rehabilitation Services (SRS) pursuant to K.S.A. 1985 Supp. 38-1523. In our opinion, validating an individual as a child abuser without affording that individual sufficient notice and an opportunity to be heard violates the individual's constitutional right to due process. Since the statute does not provide for notice and hearing and there are not rules and regulations to supplement it, K.S.A. 65-516(a)(3) as applied does not meet the constitutional requirement of due process. To insure that due process requirements are met, those procedures must be codified by statute or agency rules and regulations. Cited herein: K.S.A. 1985 Supp. 38-1523; K.S.A. 65-128; 65-501; 65-504; 65-516; 77-415; 75-3306; K.A.R. 30-7-26 e̲t̲ s̲e̲q̲.; L. 1980, ch. 184, section 2; L. 1982, ch. 259, section 2; L. 1983, ch. 140, section 46; L. 1984, ch. 225, section 1; L. 1985, ch. 210, section 1; U.S. Const., 14th Amendment.

Attorney General Opinion No. 1986-029

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-029 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-029 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of whether a state or local sales tax imposed on interstate long-distance telephone calls violates the commerce clause of the United States Constitution has not yet been addressed by the United States Supreme Court. However, C̲o̲m̲p̲l̲e̲t̲̲e̲ ̲A̲u̲t̲o̲ ̲T̲r̲a̲n̲s̲i̲t̲, ̲ ̲I̲n̲c̲.̲ ̲v̲.̲ ̲B̲r̲a̲d̲y̲, 430 U.S. 274, 97 S. Ct. 1076, 51 L. Ed. 2d 326 (1977) and subsequent cases indicate that such a tax may be upheld if: 1) the tax is applied to an activity with a substantial nexus with the taxing state; 2) the tax is fairly apportioned; 3) the tax does not discriminate against interstate commerce; and 4) the tax is fairly related to the services provided by the state. Cited herein: U.S. Const., Art. section 8, cl. 3.

Attorney General Opinion No. 1986-021

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-021 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-021 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The power given to a board of county commissioners under K.S.A. 19-2601 to fix the days and hours which county offices are open does not extend to authority over the district court. Under Article 3, section 1 of the Kansas Constitution, and K.S.A. 20-101, the Supreme Court of Kansas has general administrative authority over all courts in Kansas. Thus, it is the state supreme court, not the county, which has the authority to determine the hours and holidays which each district court will observe. Accordingly, if the district court does not close its offices on a day which the county observes as a legal holiday, the county must make arrangements to keep the county courthouse open for district court business. Furthermore, the observance of a legal holiday by either the district court or the county offices will not invalidate judicial or official acts performed on that day by the other government entity. Cited herein: K.S.A. 1985 Supp. 19-101a; K.S.A. 19-104; 19-2601; 20-101; 20-342; Kansas Const., Art. 3, section 1.

Opinions of the Attorney General and Report to the Governor of Virginia

Author : Virginia. Office of the Attorney General
Publisher :
ISBN 13 :
Total Pages : 620 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Opinions of the Attorney General and Report to the Governor of Virginia by : Virginia. Office of the Attorney General

Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Attorney General Opinion No. 1986-055

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-055 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-055 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county may not exempt itself by charter resolution from limitations imposed by K.S.A. 1985 Supp. 19-1322, subsection (a), which establishes limits on the tax the clerk of the district court shall impose as a filing fee for the benefit of the county law library. Such resolution would violate the limitation placed on the home rule powers a county is authorized to exercise under K.S.A. 1985 Supp. 19-101a, subsection (a)(3), that "counties may not affect the courts located therein." Cited herein: K.S.A. 19-101; K.S.A. 1985 Supp. 19-101a; K.S.A. 19-1310; K.S.A. 1985 Supp. 19-1322; K.S.A. 20-101; Kan. Const., Art. 3, section 1; Art. 12, section 5.

Attorney General Opinion No. 1986-009

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (833 download)

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Book Synopsis Attorney General Opinion No. 1986-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-009 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 40-2101 e̲t̲ s̲e̲q̲., the Kansas All-Industry Placement Facility is created to insure the availability of property insurance for residential, business and other properties which meet reasonable standards of insurability but for which insurance cannot be obtained through the regular insurance market. A governing board is established by K.S.A. 40-2102(e), the members of which are appointed by the commissioner of insurance to oversee operation of the facility and to review and prescribe operating rules on at least an annual basis. One such rule, K.A.R. 1984 Supp. 40-3-33, provides that payment of premiums for insurance offered by a "servicing insurer" designated by the facility is made directly to the servicing insurer, not through the facility. Accordingly, the governing board of the facility is not responsible for filing a Form 1099-MISC with the Internal Revenue Service for commissions paid to individual insurance agents by the servicing insurer. Cited herein: K.S.A. 40-2102; K.A.R. 1984 Supp. 40-3-33; 26 U.S.C. section 6041A.

Attorney General Opinion No. 1986-156

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

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Book Synopsis Attorney General Opinion No. 1986-156 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-156 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Due process does not require a trial d̲e̲ n̲o̲v̲o̲ when a decision to revoke a liquor license is on appeal to the Alcoholic Beverage Control Board of Review, nor does the right to such a d̲e̲ n̲o̲v̲o̲ hearing arise from statutory or case law. Cited herein: K.S.A. 1985 Supp. 41-320; 41-321, as amended by L. 1986, ch. 318, section 46; K.A.R. 13-2-11; 13-2-13; 14-16-3.

Attorney General Opinion No. 1986-126

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-126 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-126 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the 1986 repeal of the prohibition of diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, section 1. Cited herein: K.S.A. 12-4414; K.S.A. 1985 Supp. 12-4415(b)(3), as amended by L. 1986, ch. 185, section 1.

Attorney General Opinion No. 1986-033

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-033 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-033 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made. Cited herein: K.S.A. 75-4317; 75-4319.

Attorney General Opinion No. 1986-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-102 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.

Attorney General Opinion No. 1986-162

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (845 download)

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Book Synopsis Attorney General Opinion No. 1986-162 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-162 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Attorney General Opinion No. 1986-013

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-013 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-013 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1985 Supp. 75-4218 provides that all state bank accounts shall be secured by a pledge of securities owned by each bank receiving a deposit. The term "securities" is defined by K.S.A. 75-4201(p)(1) to include direct obligations of, or obligations that are insured by, the United States government or one of its agencies. By virtue of 12 U.S.C. 52001 e̲t̲ s̲e̲q̲., federal land banks, land bank associations, production credit associations, intermediate credit banks and banks for cooperatives are "federally chartered instrumentalities". This term has been interpreted by courts in Kansas and elsewhere as not raising them to the level of federal agencies. Accordingly, under K.S.A. 75-4201 as it now reads, obligations of these federally chartered instrumentalities may not be pledged to secure the deposit of state funds in Kansas banks. However, due to a 1983 amendment to K.S.A. 1984 Supp. 19-1402, such obligations may be used as security for the deposit of m̲u̲n̲i̲c̲i̲p̲a̲l̲ funds. Cited herein: K.S.A. 1985 Supp. 9-1402; K.S.A. 75-4201; K.S.A. 1985 Supp 75-4218; L. 1983, ch. 47, section 3; 12 U.S.C. sections 2011, 2012, 2031, 2033, 2071, 2072, 2091, 2093, 2121, 2122, 2155, 2157.