Attorney General Opinion No 1987 002

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Attorney General Opinion No. 1987-002

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-002 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-002 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "salaried officer of the state," as used in Article 3, Section 13 of the Kansas Constitution, refers to any person holding a salaried state office. Common law criteria set out in D̲u̲r̲f̲l̲i̲n̲g̲e̲r̲ ̲v̲.̲̲ ̲A̲r̲t̲i̲l̲e̲s̲, 234 Kan. 502 (1983) must be applied to determine whether a person holding a specific state position is a state officer. Cited herein: K.S.A. 25-2505, 75-4301; L. 1972, ch. 390 and 392; Kan. Const., Art. 1, section 15; Kan. Const., Art. 3, section 13.

Attorney General Opinion No. 1987-121

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Attorney General Opinion No. 1993-002

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1993-002 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-002 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The modifications set forth in L. 1975, ch. 190, sec. 9 and L. 1987, ch. 299, sec. 5 to the retirement benefits of judges are permissible. The retirement benefits of judges who were members of the system prior to July 1, 1975, but who did not retire until after July 1, 1975, are to be based upon the final average salary as determined pursuant to the formula set forth in K.S.A. 20-2610. Cited herein: K.S.A. 20-2601; 20-2601a; 20-2601b; K.S.A. 1991 Supp. 20-2603; K.S.A. 20-2609; 20-2610; L. 1974, ch. 143, secs. 1, 2; L. 1974, ch. 390, sec. 12; L. 1975, ch. 190, secs. 5, 9, 10; L. 1987, ch. 299, sec. 5.

Opinions of the Attorney General of California

Author : California. Office of the Attorney General
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Attorney General Opinion No. 1987-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-026 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.

Attorney General Opinion No. 1987-023

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.

Attorney General Opinion No. 1987-065

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-065 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.

Attorney General Opinion No. 1987-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

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. 1987-184

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-184 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-184 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Persons who may supervise registered masters level psychologists (RMLPs) must meet two requirements: (1) They must be licensed to provide mental health services and (2) their licensure must allow them to diagnose and treat psychological disorders. It is our opinion that licensed psychologists meet these requirements, but social workers and psychiatrists do not. Cited herein: K.S.A. 65-2802; 65-2803; 65-2869; 65-2872; K.S.A. 1986 Supp. 74-5302; 74-5310; K.S.A. 74-5311; 74-5340; 74-5344, as amended by L̲.̲ ̲1̲9̲8̲7̲, c̲h̲.̲ ̲3̲0̲6̲, section 12; 75-5347; K.S.A. 1986 Supp. 757-5353; K.A.R. 102-1-1; K.A.R. 1986 Supp. 102-1-12; K.A.R. 102-2-la; K.A.R. 102-2-8, as amended May 1, 1987.

Attorney General Opinion No. 1987-112

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-112 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-112 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Only licensed specialist clinical social workers (LSCSW) may engage in the private, independent practice of social work. Social workers not licensed as a LSCSW may engage in private practice if their practice is supervised by a LSCSW. Cited herein: K.S.A. 74-7502; K.S.A. 1986 Supp. 74-7507, as amended by L. 1987, ch. 315, section 17; K.S.A. 75-5346; 75-5351; K.S.A. 1986 Supp. 75-5353; K.A.R. 102-2-la, as amended May 1, 1987; 102-2-8, as amended May 1, 1987; 102-2-12, as amended May 1, 1987.

Attorney General Opinion No. 1987-136

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-136 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 41-2701 e̲t̲ s̲e̲q̲., as amended by L. 1987, ch. 182 and L. 1987, ch. 183, regulates the sale and consumption of cereal malt beverages. However, neither Article 27, nor any subsequent amending legislation, contains a definition for "premises." Therefore, since the consumption of cereal malt beverages is not an area of concern exclusively reserved by the state, a local licensing authority may prescribe, within reason, its own definition of what constitutes a "premises." Cited herein: K.S.A. 41-2701, as amended by L. 1987, ch. 182, section 97; K.S.A. 41-2702, as amended by L. 1987, ch. 182, section 98; K.S.A. 41-2704, as amended by L. 1987, ch. 182, section 100, and by L. 1987, ch. 183, section 4; K.A.R. 14-21-2.

Attorney General Opinion No. 1987-096

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-096 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-096 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Rotary Clubs which have (1) inclusive rather than exclusive membership practices, (2) meetings open to visitors, (3) business attributes such as extensive publishing activities and a complex structure and (4) important business advantages and opportunities are not the type of fraternal or social associations contemplated by K.S.A. 44-1002(h) and thus are not exempt from the Kansas Acts Against Discrimination, K.S.A. 44-1001 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-1001; 44-1002; 44-1009; 44-1015; 44-1110; K.A.R. 21-46-2.

Attorney General Opinion No. 1987-070

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-070 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-070 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.

Attorney General Opinion No. 1987-084

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-084 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-084 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: KPERS is "the state" Constitutions of Article 13, section 2 of the Kansas Constitution (1986 Supp.) which provides that "[t]he state shall not be a stockholder in any banking institution." Based on the rules of constitutional construction and analysis of the intent behind the 1980 revision of Article 13, it is our opinion that "banking institution" means banks organized under the banking laws, chapter nine of the Kansas statutes. For reasons stated in stock in this opinion, we conclude that KPERS may hold stock in a savings and loan association or trust company but is prohibited from acquiring such an interest in a bank holding company. Cited herein: K.S.A. 9-514; K.S.A. 1986 Supp. 9-519; 9-520; 9-521; 9-522; 9-525; 9-701; K.S.A. 9-702; 17-2001; 17-5101; 74-4901; 74-4903; 74-4905; 74-4909; K.S.A. 1986 Supp. 75-4201; Kan. Const., Art. 13, sections 1, 2.

Attorney General Opinion No. 1987-092

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-092 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-092 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is no constitutional limitation as to subject matter which may be considered by the Kansas Legislature when it is called into special session, the legislature may adopt a rule or resolution which would restrict the subject matter of bills which may be introduced during such a session. There is no constitutional limitation upon the length of a special session, and any such limitation included within a gubernatorial proclamation (calling the legislature into special session) would be of no legal effect. Bills and resolutions introduced, but not acted upon, during the 1987 regular session of the Kansas Legislature may not be carried over to a special session, and all bills and resolutions enacted during a special session must have been introduced during that session. Joint Rule No. 4 of the Senate and House of Representatives of the State of Kansas prescribes deadlines for the introduction and consideration of bills by referring to a specific calendar day "of any regular session." Based upon that language, the rule would not seem to apply to a special session of the legislature. Cited herein: Kan. Const., Art. 1, section 5; Kan. Const., Art. 2, section 8.

Attorney General Opinion No. 1987-031

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-031 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-031 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Conservation Commission is an agency of the state. Even though district supervisors and district employees perform functions locally, they act as members of a collective effort to conserve state resources. Therefore, they are to be considered state employees for purposes of the Kansas tort claims act. Our opinion in this matter is to be narrowly construed, as many units of government perform what are essentially parts of an overall state function. However, other such organizations are more easily analyzed by traditional tests. Cited herein: K.S.A. 2-1902; 2-1904; 2-1906; 2-1907; K.S.A. 1986 Supp. 2-1907b; K.S.A. 2-1907c; 2-1908; 75-6102; 75-6117.