Attorney General Opinion No. 1995-063

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Book Synopsis Attorney General Opinion No. 1995-063 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-063 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: Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.

Attorney General Opinion No. 1995-046

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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.

Attorney General Opinion No. 1995-100

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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.

Attorney General Opinion No. 1995-114

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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.

Attorney General Opinion No. 1995-010

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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.

Attorney General Opinion No. 1995-095

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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.

Attorney General Opinion No. 1995-024

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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.

Attorney General Opinion No. 1993-063

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Book Synopsis Attorney General Opinion No. 1993-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-063 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: State statute does not preclude a county election officer from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. As such committee positions do not constitute public offices, the common law doctrine of incompatibility of offices is inapplicable. A county election officer is not precluded from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp. 75-2953; L. 1959, ch. 174, sec. 2;General Statutes of 1949, sec. 25-221, as amended by L. 1957, ch. 230, sec. 1; 5 U.S.C.A. sec. 1501.

Attorney General Opinion No. 1983-063

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Book Synopsis Attorney General Opinion No. 1983-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.

Attorney General Opinion No. 1995-036

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Book Synopsis Attorney General Opinion No. 1995-036 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-036 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 old Rock Island Railroad depot building donated in 1959 to the Eisenhower presidential library commission was library property, and title thereto was acquired in the name of the state. Assuming the governor conveyed the library property of the Eisenhower presidential library commission to the United States as provided by L. 1961, ch. 393, and assuming the federal government accepted such conveyance pursuant to federal statute, title to the building was thereby transferred to the federal government. The storage contract for the depot building executed in 1960 by the commission and Old Abilene Town Company, Inc. expired in 1985. Thereafter, the federal government as the presumed successor title owner had the legal right to take possession of the depot building. Cited herein: L. 1955, ch. 358, sections 1, 2, 5; L. 1957, ch. 432, sections 1, 2; L. 1959, ch. 324, sections 1, 2; L. 1961, ch. 264; L. 1961, ch. 393, sections 1, 2, 7; L. 1963, ch. 410; L. 1965, ch. 445; K.S.A. 58-601; K.S.A. 74-4601 et seq. (repealed 1967); K.S.A. 74-4612 (repealed 1970); 44 U.S.C. section 397(f) (1964), 69 Stat. 695, ch. 859 (1955) (repealed).

Attorney General Opinion No. 1995-066

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Book Synopsis Attorney General Opinion No. 1995-066 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-066 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 costs incurred in the contest of an election in the seventy-ninth representative district may not be paid from appropriations set forth in L. 1994, ch. 255, section 3 or section 3 of 1995 house bill no. 2085. Cited herein: K.S.A. 25-1434; 25-1452; L. 1994, ch. 255, section 3; 1995 S.B. No. 95; 1995 H.B. No. 2085; Kan. const., art. 2, section 24.

Attorney General Opinion No. 1995-085

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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.

Attorney General Opinion No. 1995-083

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Book Synopsis Attorney General Opinion No. 1995-083 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-083 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: Vehicles may be registered in either the Kansas county where the owner of record resides or, under certain conditions, the Kansas county where the owner of record has a bona fide place of business. Cited herein: K.S.A. 1994 Supp. 8-126; K.S.A. 8-129; 8-1,138; 79-5106.

Attorney General Opinion No. 1995-121

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Book Synopsis Attorney General Opinion No. 1995-121 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-121 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 filing officer should, upon receipt of a financing statement which fails to provide a social security number or federal employer identification number of the debtor, accept the filing and index the financing statement as required by state statute. Cited herein: K.S.A. 84-1-102; 84-9-101; K.S.A. 1994 Supp. 84-9-401; 84-9-402, as amended by L. 1995, ch. 11, sec. 1; 84-9-403; 84-9-407; K.S.A. 84-9-413; L. 1993, ch. 96, section 1; U.C.C. section 1-102; section 9-402.

Attorney General Opinion No. 1995-094

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Book Synopsis Attorney General Opinion No. 1995-094 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-094 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 Kansas bureau of investigation may not release information in the juvenile offender information system except as specifically authorized by K.S.A. 38-1618(e), which generally prohibits the disclosure of such information in a manner that enables the identification of the juvenile. Unless a request for access to such information falls under one of the exceptions set forth in that statute, the bureau may not disclose information from the system pertaining to any juvenile, including those age 14 and older. Cited herein: K.S.A. 1994 Supp. 22-4701; 22-4704; K.S.A. 22-4707, as amended by L. 1995, ch. 251, sec. 18; K.S.A. 38-1601; K.S.A. 1994 Supp. 38-1602; 38-1607; 38-1608; K.S.A. 38-1617; 38-1618; 38-1655, as amended by L. 1995, ch. 251, sec. 31; K.S.A. 45-215; 45-216; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 257, sec. 6; K.S.A. 75-711, as amended by L. 1995, ch. 213, sec. 1; K.S.A. 75-712; L. 1994, ch. 271, sec. 8; K.A.R. 10-12-1; 10-12-2.

Attorney General Opinion No. 1994-063

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Book Synopsis Attorney General Opinion No. 1994-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-063 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: All reasonable costs of the county attorney's assistance in representing the interests of the state in appeals and other post-conviction actions shall be allowed and must be paid by the county commissioners from the county general fund. The work performed in relation to post trial motions, such as reviewing sentencing reports and probation violation reports, are not representation of the state in appeals or post-conviction actions as contemplated by K.S.A. 22-3612. Further, when the county attorney appears in the court having jurisdiction within the county to prosecute or defend on behalf of the people, the county attorney is not entitled to supplemental payments pursuant to K.S.A 22-3612. Cited herein: K.S.A. 19-702; 22-3603; 22-3612; 60-1501; 60-1507.

Attorney General Opinion No. 1995-077

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Book Synopsis Attorney General Opinion No. 1995-077 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-077 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 not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.