Attorney General Opinion No 1993 026

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Attorney General Opinion No. 1993-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Attorney General Opinion No. 1993-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-026 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: Unlike the provisions regarding the 20th judicial district, the provisions establishing the 30th judicial district did not expressly provide that the judges were to be residents of a particular county, nor was the 30th judicial district subject to a statutory requirement that divisions be established. Subsection (e) of K.S.A. 20-364 is not applicable to the additional district judge positions created in the 30th judicial district upon the abolition of the associate district judge position. As the legislature has not expressly placed a residence requirement on persons who are appointed to serve as district judges in the 30th judicial district, such persons are subject to subsection (a) of K.S.A. 20-331, and are not required to be residents of the county in which the district judge positions are located at the time of nomination, election, or selection. However, such persons must establish residence in the counties in which the district judge positions are located before taking the oath of office. K.S.A. 4-221; 4-231; 20-301a; 20-331; 20-338; 20-364; L. 1968, ch. 385, secs. 1, 2, 30, 36; L. 1976, ch. 145, secs. 20, 85; L. 1976, ch. 146, secs. 10, 16; L. 1982, ch. 130, secs. 10, 14; L. 1983, ch. 150, sec. 7; L. 1986, ch. 115, secs. 1, 28.

Attorney General Opinion No. 1995-026

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (769 download)

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Book Synopsis Attorney General Opinion No. 1995-026 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-026 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The applicable definition of "state agency," as used in rules and regulations adopted by the state records board pursuant to K.S.A. 75-3504, is set forth in K.S.A. 45-402. Under that definition, and for purposes of appointing a records officer as provided by K.A.R. 53-4-1, the deferred compensation unit of the department of administration is a state agency. However, Kansas Advocacy and Protective Services, Inc. is not a state agency for purposes of K.A.R. 53-4-1 and therefore need not appoint a records officer. Cited herein: K.S.A. 40-2302; 45-402; 46-224; 75-3049; 75-3502a; 75-3504; 75-3701; 75-3728a; 75-5274; 75-5521; 75-5523; L. 1990, ch. 22, section 3; L. 1991, ch. 11, section 2; L. 1992, ch. 214, section 9; L. 1992, ch. 325, section 2; L. 1993, ch. 270, section 2; L. 1994, ch. 361, section 2; K.A.R. 53-4-1.

Attorney General Opinion No. 1990-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1990-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-026 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In legislation enacted as local economic regulation, classifications that are rationally related to a legitimate state interest do not offend the Equal Protection Clause of the Fourteenth Amendment. New section one of 1990 House Bill No. 2601 that distinguishes property located within corporate city limits from rural property does not offend the Equal Protection Clause. Cited herein: U.S. Const., Amend. XIV.

Attorney General Opinion No. 1991-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-026 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Current statutes concerning the powers and duties of county officials do not authorize boards of county commissioners to enter into interlocal agreements which unilaterally require county attorneys or their staff to prosecute in municipal court for violations of a municipal DUI ordinance. If a city has enacted a DUI ordinance, violations of that ordinance which fall within the city's jurisdiction may be prosecuted in municipal court. Such prosecutions may be undertaken by an attorney authorized by the city to appear in municipal court on behalf of the city. Likewise, defense costs for indigent defendants may be paid to attorneys properly hired by the city for such purposes. Compensation paid by the city to such prosecutors or other attorneys may be contractually shared with or paid to a third party (such as a county) if that party provides contractual consideration for such payments and if the city is expending funds which may be utilized for such purposes. Attorneys involved in representation of two or more public entities must resolve potential statutory or ethical conflict of interest issues. Cited herein: K.S.A. 1990 Supp. 8-1567; K.S.A. 12-2901; K.S.A. 1990 Supp. 12-2909; K.S.A. 12-4104; K.S.A. 1990 Supp. 12-4106; K.S.A. 19-701; 19-702; 22-2401a; K.S.A. 1990 Supp. 75-4301a.

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. 1984-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-026 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: The Kansas Bureau of Investigation has both the authority and the duty to oversee and control the collection and dissemination of criminal history record information at the state level. This responsibility includes management control over DISC as part of the criminal justice information system relating to the collection, storage and dissemination of criminal history record information. Cited herein: K.S.A. 1983 Supp. 22-4705(d), K.S.A. 1983 Supp. 22-4701(d), K.S.A. 22-4704, K.A.R. 10-14-1, 42 U.S.C. 3771, 28 C.F.R. 20, 42 U.S.C. 3701.

Attorney General Opinion No. 1996-026

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (758 download)

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Book Synopsis Attorney General Opinion No. 1996-026 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1996-026 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: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.

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. 1989-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-026 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: Guaranty and suretyship agreements are enforceable obligations in this state for purposes of establishing financial responsibility of owners and operators of storage tanks containing petroleum. Cited herein: K.S.A. 1988 Supp. 65-171(d)(f)(1); 40 C.F.R. sections 280.93, 280.96, 280.98.

Attorney General Opinion No. 1993-005

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. 1993-005 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-005 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: As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Attorney General Opinion No. 1993-009

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. 1993-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-009 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 incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.

Attorney General Opinion No. 1993-116

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Attorney General Opinion No. 1993-116 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-116 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: Any fee paid by a debtor to an organization, whether established for profit or not, in exchange for that organization distributing money periodically paid by the debtor among specified creditors is "consideration" as that term is used in the Kansas debt adjusting statute. Cited herein: K.S.A. 21-2464 (repealed 1969); 21-4402, as amended by L. 1993, ch. 239, sec. 224.

Attorney General Opinion No. 1993-029

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Attorney General Opinion No. 1993-029 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-029 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: It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).

Attorney General Opinion No. 1993-114

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Attorney General Opinion No. 1993-114 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-114 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 second proviso of section 12 of chapter 292 of the session laws of 1993 is an unconstitutional delegation of authority to the judiciary and, consequently, the appropriation amount remains in the general fund until the legislature convenes and a new appropriations statute is enacted. Furthermore, the state of Kansas is only responsible for paying the costs and expenses associated with post-conviction non-prison sanctions for felony offenders in an amount not to exceed the appropriation amount of $375,000 for fiscal year 1994. Cited herein: K.S.A. 20-348; K.S.A. 1992 Supp. 21-4502; K.S.A. 21-4603b; K.S.A. 75-5291; L. 1992, Ch. 239, secs. 238, 300; L. 1993, Ch. 292, sec. 12; Kan. Const., Art. 2, sec. 24; Art. 3, sec. 1.

Attorney General Opinion No. 1993-011

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. 1993-011 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-011 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 the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.

Attorney General Opinion No. 1993-051

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Attorney General Opinion No. 1993-051 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-051 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: Although price cutting may be an instrument of monopoly power to eliminate competitors, a newspaper company's discounted advertisement rate, in itself, is merely a competitive price cutting. There is no violation of antitrust laws under the facts presented. Cited herein: K.S.A. 50-101.

Attorney General Opinion No. 1993-144

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (786 download)

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Book Synopsis Attorney General Opinion No. 1993-144 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-144 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: A state university's mission is to provide broad-based educational experiences, including forums for enlightenment and opportunities to exchange a broad spectrum of thoughts and ideas. A mandatory fee to fund various groups providing such opportunities and to avoid "free-rides" is justified by this important state interest. The fee may be used to support political and ideological speech if such expenditures are nondiscriminatory and are necessarily or reasonably incurred for the purpose of providing such educational experiences and opportunities. The university may not allow use of mandatory fees to fund lobbying efforts, other off-campus activities, or organizations that are too far removed from the university's educational mission Cited herein: K.S.A. 76-719.