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Attorney General Opinion No 1998 022
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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. 1998-022 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-022 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: 1998 House Bill No. 2619 does not violate Article 11, Section 9, of the Kansas Constitution in that, (1) transition bonds do not constitute a work of internal improvement, (2) the entities authorized to issue transition bonds are not state entities, and (3) the State has no monetary obligation in the repayment of transition bonds. Cited herein: Kan. Const., Art. 11, section 9; K.S.A. 74-8903; 74-8907; 1998 H.B. 2619.
Book Synopsis Attorney General Opinion No. 1999-045 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-045 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: Amendments contained in L. 1998, Ch. 131 allowing expungement of arrest and diversion records should be applied retroactively. Cited here: K.S.A. 1998 Supp. 21-4619; 22-2410.
Book Synopsis Attorney General Opinion No. 1998-038 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-038 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: The Standard Offense Report is subject to the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq. All information on the front page except for the victim's social security number is presumed to be open, and portions of the front page can only be closed if the victim was the victim of certain sex crimes or under the unusual event that disclosure would constitute a clearly unwarranted invasion of the victim's personal privacy. By contrast, Standard Arrest Reports are mandatorily closed. Basic information on arrests can be obtained from police blotters and jail rosters, which are mandatorily open. If a blotter is not maintained, a law enforcement agency is under an obligation to provide blotter type information reasonably contemporaneously with an arrest. Cited herein: K.S.A. 21-2501a; 21-2504; K.S.A. 1997 Supp. 22-4701; 22-4707; 22-4708; K.S.A. 45-215: K.S.A. 1997 Supp. 45-217; 45-221.
Book Synopsis Attorney General Opinion No. 1998-046 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-046 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. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.
Book Synopsis Attorney General Opinion No. 1998-026 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-026 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: A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Book Synopsis Attorney General Opinion No. 1992-022 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-022 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: Pursuant to K.S.A. 8-237 the chief law enforcement officer of a local unit of government can only recommend to the division of vehicles if an applicant should be issued a driver's license. The final decision rests with the division of vehicles. Cities and counties are not able to use their home rule powers to deny licenses to persons under the age of 16 years if the statute is uniformly applicable and does not grant such authority. Allowing the raising of the driving age to 16 years, in some counties but not others, will not violate an individual's constitutional right to equal protection. Cited herein: K.S.A. 8-237, Kan. Const., Art. 12, section 5.
Book Synopsis Opinions of the Attorney General and Report to the Governor of Virginia by : Virginia. Office of the Attorney General
Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Attorney General Opinion No. 1997-022 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-022 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.
Book Synopsis Attorney General Opinion No. 1998-051 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-051 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: Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.
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 by : Phill Kline
Download or read book Attorney General Opinion written by Phill Kline and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has always applied a strict rule as to notice provisions when the power of taxation is to be exercised through a special election. Voters expect and have the right to receive official notice of the date and issues to be submitted in a special election. The notice for a special bond election must comply with mandatory provisions. Failure to do so renders the election void. If a local governmental entity issues bonds based on a void election, the local government is vulnerable to litigation. Kansas courts would likely render the issuance of the bonds void as well and the local government would then be subject to significant liability, financial and legal. Accordingly, issuing bonds based on a faulty election places Unified School District No. 465 under a legal cloud. Furthermore, issuing bonds under a cloud of doubt can affect the aftermarket value of the bonds, incurring additional costs to the district. The notice provided to the electors of Unified School District No. 465 (U.S.D. No. 465) did not include information regarding the types of projects that would be financed through the bonds, the costs of the projects, the total amount of bonds to be issued, the projected amount of interest to be paid on the bonds, the projected amount of annual principle and interest payments, or the projected rate and source of taxation required to retire the bonds. Under such circumstances, the electors of U.S.D. No. 465 did not receive official notice of the special bond election that was conducted on June 3, 2003. Kansas law is very specific and provides significant guidance regarding the notice provisions required in a special election. Following such guidance insures compliance with the law, however, in this instance, as you present the facts, the law was not followed. The election is thus void, and U.S.D. No. 465 does not have authority to issue bonds pursuant to K.S.A. 72-6761. Because no valid special bond election has been called and conducted, K.S.A. 25-2019 does not prohibit the Board of Education for U.S.D. No. 465 from calling a special bond election the remainder of the 2003 calendar year. Cited herein: K.S.A. 10-120; 10-120a; 25-431; 25-702; 25-716; 25-2019; 72-6761; 75-2317; L. 1987, Ch. 126, section 1.
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. 1999-061 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-061 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: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.
Book Synopsis Attorney General Opinion No. 1998-049 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-049 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: A series of meetings or communications between members of a public body, each of which may involve less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, the purpose of which is to discuss a common topic of the business or affairs of that body so that the views of the members are exchanged in an interactive dialogue, constitutes a meeting for purposes of the Kansas Open Meetings Act. The communications need not be direct for the Act to apply, but must be at the direction or behest of the members of the body. Whether a series of communications is a violation of the Act is very fact specific, and each situation must be decided on its facts. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Book Synopsis Attorney General Opinion No. 1998-042 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-042 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: For purposes of calculating a defendant's criminal history, the language of K.S.A. 1997 Supp. 21-4711(a) manifests the intent of the Legislature that every three prior adult convictions or juvenile adjudications of assault occurring within any period of three years shall be rated as one adult conviction or one juvenile adjudication of a person felony. Cited herein: K.S.A. 21-3408; 21-4701; K.S.A. 1997 Supp. 21-4711.
Book Synopsis Attorney General Opinion No. 1998-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-016 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: In performing the duties required under the Campaign Finance Act and the State governmental ethics provisions, the Kansas Commission on Governmental Standards and Conduct acts in the interests and for the benefit of the State. The functions performed by the Commission under such statutory provisions are governmental in nature. Therefore, statutes of limitation are not applicable to the Commission's actions. Cited herein: K.S.A. 25-4119a; 25-4142; 25-4160; 25-4161; 25-4166; 46-215; 46-253; 46-255; 46-256; 46-260; 46-262; 60-521; K.A.R. 19-1-1.
