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Attorney General Opinion No 1987 045
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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.
Book Synopsis Attorney General Opinion No. 1987-025 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-025 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 Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., a record which is made, maintained, kept by, or in the possession of a public agency must be open for inspection by any person unless it falls within one of the categories of records which is not required to be disclosed or disclosure of which is specifically prohibited by statute. K.S.A. 45-217(f)(1); 45-221(a). Records compiled in the process of preventing, detecting or investigating violations of criminal law are not subject to mandatory disclosure. K.S.A. 45-221(a)(10). A "jail book" which lists persons who are placed in jail and contains information of a general nature is not a criminal investigation record and thus must be open for public inspection. The front page of the standard offense report is also subject to disclosure. Mug shots, however, are criminal investigation records which may be closed to the public. Cited herein: K.S.A. 19-1904; K.S.A. 1986 Supp. 22-4701; K.S.A. 38-1601; 38-1608; 45-215; 45-217; 45-221.
Book Synopsis Attorney General Opinion No. 1987-004 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-004 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 Open Records Act provides that public agencies may charge reasonable fees for photocopying public records. Fees are reasonable if they do not exceed the actual cost, or costs directly incurred, in providing copies. The twenty cents per page fee charged by Unified School District No. 431 is not unreasonable as it reflects the actual costs incurred in furnishing copies of public records. Cited herein: K.S.A. 45-215; 45-216; 45-219; 5 U.S.C. section 552.
Book Synopsis Attorney General Opinion No. 1987-073 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-073 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. 1986 Supp. 21-3914(a) and K.S.A. 45-220(c) provide that n̲̲o̲ l̲i̲s̲t̲ of names and addresses obtained from public records can be used for solicitation purposes. This limitation on the use of such information applies not only to individuals, but also to the name and addresses of businesses which are made public record. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-215; 45-220.
Book Synopsis Attorney General Opinion No. 1987-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-137 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: A custodian of public records who reasonably believes that a requestor will use the information for prohibited purposes must deny access to the records. Disclosure of the information in such a case will subject the custodian to possible criminal charges. The Kansas Open Records Act does not require a public agency which maintains records on computer facilities to write a computer program to produce requested information in a certain form if the information is available in existing records. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-215; 45-216; 45-217; 45-220.
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. 1987-100 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-100 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 crime "Unlawful Disclosure of a Warrant" prohibits disclosure, before execution of a warrant, of a complaint which led to the issuance of an arrest warrant. Cited herein: K.S.A. 1986 Supp. 20-301a; 21-3827; 22-2202; K.S.A. 22-2301; K.S.A. 1986 Supp. 22-2302; K.S.A. 45-215; 45-217; 45-218; 45-221.
Book Synopsis Attorney General Opinion No. 1988-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.
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.
Book Synopsis Attorney General Opinion No. 1987-168 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-168 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 list of Kansas attorneys compiled by the Clerk of the Appellate Courts is a public record subject to disclosure under the Kansas Open Records Act. It is our opinion that the privacy exception to mandatory disclosure, K.S.A. 45-221(a)(30), gives the Clerk discretion in this instance to delete attorneys' social security numbers from the information contained in the list before releasing the list to the public. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-216; 45-217; 45-220; K.S.A. 45-221, as amended by L. 1987, ch. 176, section 4; 52 U.S.C. section 552a note.
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.
Book Synopsis Attorney General Opinion No. 1987-145 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-145 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: Documents stating the charges filed against individuals in municipal court and specifying scheduled court dates are records available to the public under the Kansas Open Records Act. The custodian of these records has no discretion to withhold this information from public inspection. Cited herein: K.S.A. 1986 Supp. 21-3827; 22-4701; K.S.A. 22-4704; K.S.A. 1986 Supp. 22-4705; K.S.A. 22-4707; 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.
Book Synopsis Attorney General Opinion No. 1987-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-109 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: A personnel file of a staff physician or other employee of a county hospital is a public record which may be closed to the public. Hospital board members, however, have a right of access to such records in order to carry out their statutory duties of management and control of the hospital. Cited herein: K.S.A. 1986 Supp. 19-4601; 19-4605; 19-4607; 19-4610; K.S.A. 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4; 65-431.
Book Synopsis Attorney General Opinion No. 1987-149 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-149 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: A letter from a private attorney to a city councilmember in the possession of a public agency is a public record. Such a record, however, is not subject to mandatory disclosure as it fails within one of the exceptions listed in the Kansas Open Records Act, correspondence between a private individual and a public agency. Therefore, the public agency has discretion whether to make the letter available to the public. Cited herein: K.S.A. 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.
Book Synopsis Attorney General Opinion No. 1987-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-050 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. 1986 Supp. 89-9-411 restricts the disclosure of Uniform Commercial Code (U.C.C.) filing information under the Kansas Open Records Act. (K.S.A. 45-216 e̲t̲ s̲e̲q̲.) Accordingly, the Secretary of state may provide a business access to filings under article 9 of chapter 84 of the Kansas Statutes Annotated only if the business can demonstrate that its interest in obtaining said information is "related exclusively" to one of the transactions specifically enumerated in K.S.A. 84-9-102. Cited herein: K.S.A. 45-216; 45-217; 45-221; 84-9-102; 84-9-104; K.S.A. 1986 Supp. 84-9-411.
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.
Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-034 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: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
