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Attorney General Opinion No 1992 044
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Book Synopsis Attorney General Opinion No. 1992-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-044 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The amendment proposed in 1992 Senate Bill No. 109, section 1 requires the tenured teacher to pay the costs of transcription if the tenured teacher requests a transcript, or one-half of the costs if both parties request a transcript. However, the state has established no compelling interest in recouping the costs of procedural due process, and cannot impose a significant and unjustified open-ended penalty on the exercise of the right of due process. The state therefore cannot penalize the tenured teacher for exercising the tenured teacher's due process rights by requiring the tenured teacher to pay the costs of transcription as set forth in 1992 Senate Bill No. 109, section 1. Cited herein: K.S.A. 1991 Supp. 60-2101; K.S.A. 72-5436; K.S.A. 1991 Supp. 72-5438; 72-5439; 72-5440; 72-5443; 1992 Senate Bill No. 109; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1981-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-044 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1988-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-044 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: In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.
Book Synopsis Attorney General Opinion No. 1993-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-044 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: With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.
Book Synopsis Attorney General Opinion No. 1996-030 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Book Synopsis Attorney General Opinion No. 1992-107 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-107 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When a person is convicted of theft for obtaining unemployment compensation for which he is - ineligible, the trial court may not order interest pursuant to K.S.A. 1991 Supp. 44-719(b)(2) as part of restitution. Cited herein: K.S.A. 21-3701; K.S.A. 1991 Supp. 21-4603, as amended by L. 1992, ch. 239, section 237; 21-4610; 22-3717; 44-719.
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. 1978-044 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-044 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer may not contact certain defendants by telephone in order to inform them that a warrant is outstanding for their arrest. Such disclosures violate the prohibition of K.S.A. 21-3827.
Book Synopsis Attorney General Opinion No. 1992-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-042 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1992 Senate Bill No. 174 does not violate the provisions of article 15, section 12 of the Kansas constitution. Cited herein: K.S.A. 44-803; 44-809; Kan. Const., art. 15, sec. 12.
Book Synopsis Attorney General Opinion No. 1992-029 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-029 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The present assault and battery statutes are not adequate to prosecute an HIV infected individual who engages in conduct defined in 42 U.S.C.S. section 300ff-47. Senate Bill No. 287 with its proposed amendments would allow such a prosecution. Senate Bill No. 358 which redefines the crime of battery, combined with the criminal attempt statute when appropriate, may permit such a prosecution. Cited herein: K.S.A. 21-3301; 21-3408; 21-3412; 21-3414; 42 U.S.C.S. section 300ff-41; 42 U.S.C.S. section 300ff-47.
Book Synopsis Attorney General Opinion No. 1992-021 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-021 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The department of administration has authority to promulgate rules and regulations dealing with nepotism in state employment. The commission on governmental conduct and standards does not have such authority. Cited herein: K.S.A. 1991 Supp. 46 - 246a; 46-253; K.S.A. 75 - 3746; 75-3747; L. 1981, ch. 171, sections 44, 48.
Book Synopsis Attorney General Opinion No. 1992-151 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-151 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Book Synopsis Attorney General Opinion No. 1992-147 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-147 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon being taken into custody for commission of an act which would be a misdemeanor or felony if committed by an adult, a juvenile may be detained for booking up to six hours in a jail or adult lock-up if there is sight and sound separation from adult prisoners. A juvenile taken into custody for commission of a traffic offense or violation of wildlife and parks statutes may be so detained as well. Cited herein: K.S.A. 8-2117; K.S.A. 1991 Supp. 32-1040; 38-1602; 38-1691; 42 U.S.C. 5633; 28 C.F.R. 31.301; 31-304.
Book Synopsis Attorney General Opinion No. 1989-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-044 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Not-for-profit corporations which are private foundations are subject to the provisions of K.S.A. 17-6304 and the duty of loyalty/fairness when making loans or charitable contributions. Transactions between a not-for-profit corporation and one or more of its directors are allowed if the directors' interests are disclosed and the directors do not unfairly benefit to the detriment of the corporation. Cited herein: K.S.A. 17-6001; 17-6102; 17-6304; 79-4601.
Book Synopsis Attorney General Opinion No. 1992-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-094 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court. Cited herein: K.S.A. 1991 Supp. 22-2202; 22-2307; K.S.A. 22-2401.
Book Synopsis Attorney General Opinion No. 1984-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1984-044 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, as amended by 1984 Senate Bill No. 490, provides [at subsection (a)] that no person shall operate a vehicle within this state while under the influence of alcohol. While it is necessary to show that a defendant was "under the influence of alcohol" in order to prove a violation, this phrase means that the defendant's mental or physical function was impaired to the extend that he or she was incapable of safely driving a vehicle. Such incapability may be presumed if it is shown that there was .10% or more by weight of alcohol in the defendant's blood, and need not be accompanied by any showing that the actual operation of the vehicle was erratic or that the driver failed to exercise due care. Cited herein: K.S.A. 8-1005, K.S.A. 8-1566, as amended by 1984 Senate Bill No. 490, section 8, K.S.A. 1983 Supp. 8-1567, as amended by 1984 Senate Bill No. 490, section 9.
Book Synopsis Attorney General Opinion No. 1993-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-075 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: Pursuant to K.S.A. 1992 Supp. 38-1607(a)(5) and 38-1608(a)(7), a court has the discretion to release the names of juvenile offenders provided that the discretion is not arbitrarily used to discriminate against juveniles of one sex or based upon the juvenile's race, ethnicity or religion. Cited herein: K.S.A. 1992 Supp. 38-1607; 38-1608; 38-1622.
