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Attorney General Opinion No 1995 020
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Book Synopsis Attorney General Opinion No. 1995-020 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-020 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: Because the secrecy of grand jury proceedings is a well-guarded aspect of American criminal procedure, the minutes of a grand jury are to be kept secret pursuant to K.S.A. 22-3012 and, in the absence of a court order, are not to be provided to a state agency desiring to pursue disciplinary action against a licensee. This is true even though the indictments of that grand jury were quashed on the basis of a technical deficiency in the impaneling of the grand jury. Cited herein: K.S.A. 22-3001; 22-3012.
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.
Book Synopsis Attorney General Opinion No. 1995-085 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-085 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: While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
Book Synopsis Attorney General Opinion No. 1995-095 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-095 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: Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Book Synopsis Attorney General Opinion No. 1999-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-016 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.
Book Synopsis Attorney General Opinion No. 1995-024 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-024 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 "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Book Synopsis Attorney General Opinion No. 1995-100 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-100 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 small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Book Synopsis Attorney General Opinion No. 1995-010 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-010 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: A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Book Synopsis Attorney General Opinion No. 1995-046 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-046 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 term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Book Synopsis Attorney General Opinion No. 1995-114 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-114 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: Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.
Book Synopsis Attorney General Opinion No. 1999-020 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-020 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of adverse consequences from refusing to submit to a urinalysis, a juvenile will not have standing to raise a Fourth Amendment challenge to a request for a urinalysis that is part of the intake and assessment process. Cited herein: K.S.A. 75-7023; K.S.A. 1998 Supp. 75-7024; U.S. Const., Amend IV.
Book Synopsis Attorney General Opinion No. 1985-020 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-020 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1984 Supp. 25-2108a(b) prescribes the conditions under which a city utilizing non-partisan elections must hold a primary election. The statute on its face is uniformly applicable to all cities, and is contained in an act (L. 1982, ch. 157) which is also uniform. K.S.A. 25-2113, which is contained in a different act, sets forth a general rule for non-partisan city elections, but also contains a provision for partisan city elections in Johnson County. The inclusion of this provision renders K.S.A. 25-2113 non-uniform, and thereby subject to a charter ordinance under a city's home rule authority. However, in the absence of such an ordinance which would allow partisan elections, the general provisions of K.S.A. 1984 Supp. 25-2108a concerning primary elections continue to apply. To the extent it is inconsistent with this opinion, Attorney General Opinion No. 78-49 is superseded. Cited herein: K.S.A. 1984 Supp. 25-2108a, K.S.A. 25-2113, Kan. Const. Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1998-020 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-020 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 21-4206, which addresses the disposition of confiscated weapons when no longer needed for evidentiary purposes, does not authorize the sale of confiscated weapons and the retention of sale proceeds by a law enforcement agency. Cited herein: K.S.A. 21-4206.
Book Synopsis Attorney General Opinion No. 1993-020 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-020 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: To satisfy the mandatory imprisonment requirements imposed by K.S.A. 8-1567, the individual must be in custody. Providing private security guards in a hospital setting is not sufficient in and of itself to meet this requirement, however, constant surveillance by law enforcement officials in a jail is not required either. The determining factor is the intent of the court and law enforcement officials to retain custody and control of the prisoner. Cited herein: K.S.A. 8-1567; 8-1450; 12-4113; K.S.A. 1992 Supp. 21-3110; 22-2202; K.S.A. 65-4003.
Book Synopsis Attorney General Opinion No. 1995-032 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-032 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 1994 amendments to K.S.A. 64-101 establish separate and distinct requirements for qualification as the official newspaper for a city of the first class, as opposed to the official county newspaper. If there is no newspaper published in the home county of a city of the first class, and if a newspaper otherwise qualifies under K.S.A. 64-101(a)(1) through (3), a city of the first class may utlize the second set of alternative requirements established in K.S.A. 64-101(a)(4). The location where a paper is published must be determined by looking at all the facts surrounding its singular place of origin. Prior Attorney General opinions discussing K.S.A. 12-1651 may provide guidance in interpreting the identical requirements now set forth in K.S.A. 64-101(b). Citied herein: K.S.A. 12-1651; 64-101.
Book Synopsis Attorney General Opinion No. 1995-011 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-011 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 sheriff's mere use of real property purchased with county general fund money does not qualify the land as "property belonging to a county law enforcement department" as the phrase is used in K.S.A. 1993 Supp. 19-211, as amended by L. 1994, ch. 80, section 2. Cited herein: K.S.A. 1993 Supp. 19-211, as amended by L. 1994, ch. 80, section 2; K.S.A. 19-212; 19-4429.
Book Synopsis Attorney General Opinion by : Carla J. Stovall
Download or read book Attorney General Opinion written by Carla J. Stovall and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 25-1122 and 25-1128, signed advance voting applications are to be mailed, faxed, or otherwise delivered to the county election officer by any person or group engaged in the distribution of such applications within 48 hours after the application is signed by the voter. The provisions serve important regulatory interests of the State, the burden of which falls equally on all persons or groups engaged in distributing advance voting applications. Further, neither the United States nor the Kansas Constitution confers upon the voters the right to select how and by whom voting materials may be delivered to proper election officers. The ability of Kansas voters to select a person or group to deliver advance voting applications to the county election officer remains subject to statutory provisions enacted by the Kansas Legislature. The provisions adopted during the 2000 legislative session resulting in amendments to K.S.A. 25-1122 and 25-1128 do not violate the associational rights of Kansas voters. Cited herein: K.S.A. 25-1119; 25-1122; 25-1123; 25-1124; 25-1128; Kan. Const., Art. 5, section 1; L. 2000, Ch. 151, sections 1, 2; L. 1995, Ch. 192; U.S. Const., Art. I, section 4; U.S. Const., Amend. I; U.S. Const., Amend. XIV.
