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Attorney General Opinion No 1986 144
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Book Synopsis Attorney General Opinion No. 1986-144 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-144 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: K.S.A. 8-1517 prohibits passing another vehicle on the right where the movement involves driving off of the roadway and on to the shoulder. Based upon the information presented for our review, the statute would seem to prohibit southbound vehicles from passing on the right where K-113 is intersected by Farm Bureau Road on the east. Cited herein: K.S.A. 8-1459; 8-1517; 8-2003.
Book Synopsis Attorney General Opinion No. 1987-144 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-144 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 K.S.A. 1986 Supp. 12-1675 and K.S.A. 1986 Supp. 17-5002, a municipal corporation may not invest its idle funds in time certificates of deposit or repurchase agreements with a federally chartered savings and loan association which has its home office outside the state of Kansas. Cited herein: K.S.A. 1986 Supp. 12-1675; K.S.A. 1986 Supp. 17-5002.
Book Synopsis Attorney General Opinion No. 1986-148 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-148 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 search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.
Book Synopsis Attorney General Opinion No. 1986-014 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-014 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: K.S.A. 1985 Supp. 8-1008 creates an alcohol and drug safety action fund for each court which enforces the provisions of K.S.A. 1985 Supp. 8-1567 or a municipal ordinance patterned after the statute. In the case of the municipal court of the City of Wichita, the fund is administered by the administrative judge. Insofar as the court itself has been designated as a community-based alcohol and drug safety action program by the administrative judge of the Eighteenth Judicial District [pursuant to K.S.A. 1985 Supp. 8-1008(b)], money from the fund may be expended by the court for personnel, equipment and facilities necessary to carrying out the provisions of this statute. In the absence of such designation by the administrative judge of the judicial district, the municipal court would be limited to the ten percent expenditure limit included in subsection (e) of the statute, as noted in Attorney General Opinion No. 85-68. Cited herein: K.S.A. 1985 Supp. 8-1008, 8-1567.
Book Synopsis Attorney General Opinion No. 1986-162 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-162 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: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
Book Synopsis Attorney General Opinion No. 1986-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-003 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 county attorney is required to file the appropriate pleadings for, and appear in, proceedings following an adjudication that a child is in need of care pursuant to the Kansas Code for Care of Children, K.S.A. 1984 Supp. 38-1501 e̲t̲ s̲e̲q̲. and K.S.A. 1984 Supp. 19-702. In that these services are a statutory duty, a county attorney is entitled to no additional compensation for such services. Cited herein: K.S.A. 1984 Supp. 19-702; 38-1502(e), as amended by L. 1985, ch. 144, 51 and ch. 145, 53; 38-1510; 38-1529; 38-1562; 38-1581.
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. 1986-160 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-160 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: Based on the nominee's personal data form as submitted to the Supreme Court Nominating Commission, said nominee does not meet the qualification in K.S.A. 20-105 of having engaged in the active and continuous practice of law for a period of ten years prior to the date of appointment as justice. The active practice of law has been defined by the Supreme Court of Kansas as meaning that the legal activities of the individual must have been pursued on a full-time basis and constituted his regular business. The nominee is not automatically disqualified because of having held the positions to which he has been appointed, but because his personal data form does not indicate that his legal activities while holding those positions were "pursued on a full-time basis and constituted his regular business." In making the ultimate determination of whether this nominee is qualified, the Supreme Court Nominating Commission may consider additional information regarding specific legal services performed by the nominee in his various employments and may thus reach a contrary conclusion. Cited herein: K.S.A. 20-105.
Book Synopsis Attorney General Opinion No. 1986-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-133 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: K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1986-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-138 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: Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
Book Synopsis Attorney General Opinion No. 1986-161 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-161 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: Any law enforcement officer may execute an arrest warrant within the officer's jurisdictions. Cited Herein: K.S.A. 19-812a; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, 150; K.S.A. 22-2305; K.S.A. 1985 Supp. 22-2401a.
Book Synopsis Attorney General Opinion No. 1986-130 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-130 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: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.
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. 1986-041 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-041 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 director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.
Book Synopsis Attorney General Opinion No. 1986-004 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-004 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: Under the provisions of K.S.A. 21-3108(4)(c), a second prosecution in a municipal court is not barred by the Double Jeopardy Clause of the Fifth Amendment, after a trial d̲e̲ n̲o̲v̲̲o̲ is dismissed at the district court level. A defendant who elects to be tried d̲e̲ n̲o̲v̲̲o̲ is in the same position as a convicted defendant who successfully appeals. Both Kansas law and United States Supreme Court decisions provide that such circumstances clearly allow a successive trial. As a result, the case may be reprosecuted in municipal court, for the defendant's election to exercise his right to a d̲e̲ n̲o̲v̲̲o̲ trial has the effect of wiping out the earlier judgment. Cited herein: K.S.A. 21-3108; 22-3609.
Book Synopsis Attorney General Opinion No. 1986-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-059 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: Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Book Synopsis Attorney General Opinion No. 1986-034 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-034 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: An officer or agent of a duly incorporated humane society may take into custody any animal which clearly shows evidence of cruelty. K.S.A. 21-4311. The humane society may not, however, retain custody of the animal where the owner is not prosecuted or convicted of any violation of K.S.A. 21-4310 (cruelty to animals). Cited herein: K.S.A. 21-4310, 21-4311; U.S. Const., 14th Amendment.
