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Book Attorney General Opinion No  1988 017

Download or read book Attorney General Opinion No 1988 017 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Moneys in a special alcohol and drug programs fund established pursuant to K.S.A. 1987 Supp. 79-41a04 may not be used to finance drug law enforcement operations. Cited herein: K.S.A. 1987 Supp. 79-41a02; 79-41a03; 79-41a04.

Book Attorney General Opinion No  1988 054

Download or read book Attorney General Opinion No 1988 054 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A corporation domiciled in a foreign country which meets the requirements of K.S.A. 1987 Supp. 17-5904(a)(7)(B) will not forfeit its exemption from the corporate farming law if the corporation changes its domicile to the State of Delaware. Cited herein: K.S.A. 17-5901; K.S.A. 1987 Supp. 17-5904.

Book Attorney General Opinion No  1988 164

Download or read book Attorney General Opinion No 1988 164 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 58-3924 does not by its terms mandate the disclosure of confidential vital statistic information to the state treasurer. However, K.S.A. 1987 Supp. 65-2422(a) and (e) allow the Secretary of the Kansas Department of Health and Environment (KDHE) to promulgate regulations, containing the mandated safeguards, authorizing the transfer of such vital statistic information to the state treasurer. To date, the secretary has not adopted such a regulation. Pursuant to K.S.A. 65-2418, the legislature has provided the secretary of KDHE with the authority and discretion to charge a fee for the transfer of vital statistic information. K.A.R. 28-17-6 implements that authority and sets forth the fees for such transfers. Unless the secretary of KDHE promulgates a specific exemption or has previously interpreted K.A.R. 28-17-6 to allow fees to be waived, the state treasurer must pay the fees set forth in that regulation. Should the state treasurer obtain vital statistic information, the limitations contained in the enabling authority protect the information from all uses not connected with the purposes for which it was obtained. Cited herein: K.S.A. 58-3901; 58-3920; 58-3921, as amended by L. 1988, ch. 356, section 179; K.S.A. 1987 Supp. 58-3922; K.S.A. 58-3924; 65-2401; 65-2418; K.S.A. 1987 Supp. 65-2422; K.S.A. 75-3701; K.A.R. 28-17-6; 28-17-7.

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

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 Attorney General Opinion No  1989 017

Download or read book Attorney General Opinion No 1989 017 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: Whether a traffic related offense which is classified as a misdemeanor should be considered a "misdemeanor" or a "law regulating traffic" for purposes of assessing the correct docket fee under K.S.A. 1988 Supp. 28-172a must be determined on a case-by-case basis taking into consideration the amount of time and effort typically required to prosecute such an offense. Cited herein: K.S.A. 20-362; K.S.A. 1988 Supp. 28-172a; L. 1984, ch. 39, section 1; L. 1978, ch. 108, sections 3, 9; L. 1976, ch. 163, section 28.

Book Attorney General Opinion No  1988 047

Download or read book Attorney General Opinion No 1988 047 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 7(a)(15) of a 1988 Senate Bill No. 727, amending K.S.A. 1987 Supp. 17-5904 by providing an additional exemption to the corporate farming act, is unconstitutional. It violates Sections 1 and 2 of the Kansas Bill of Rights and the Equal Protection Clause of the 14th Amendment to the United States Constitution in that it establishes an arbitrary classification that does not bear a rational relationship to the purpose of the act. Cited herein: K.S.A. 17-5902; K.S.A. 1987 Supp. 17-5904; 1988 Senate Bill No. 727; Kan. Bill of Rights, sections 1, 2; U.S. Const., Amend. XIV.

Book Attorney General Opinion No  1988 145

Download or read book Attorney General Opinion No 1988 145 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1987 Supp. 17-5904 generally prohibits certain corporate ownership of agricultural land. Exception number three, however, allows corporations to acquire agricultural land for a nonfarming business, so long as the corporation does not directly or indirectly farm the land. The short term holding of swine for commercial sale does not involve the production of livestock and thus is not farming and not proscribed by the corporate farming act. Cited herein: K.S.A. 47-1001; K.S.A. 1987 Supp. 17-5902 e̲t̲ s̲e̲q̲.; 17-5904(3).

Book Attorney General Opinion No  1988 117

Download or read book Attorney General Opinion No 1988 117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.

Book Attorney General Opinion No  1988 102

Download or read book Attorney General Opinion No 1988 102 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The procedure for amending a birth certificate to add or correct the name of a parent or to change the name of a child to that of a parent, is intended to reconcile a birth certificate with the facts which existed at the time the certificate was issued. The statute generally requires participation of both parents in the proceeding. However, on a case-by-case basis, an individual who is a single parent because of death or lack of acknowledgment of the other parent may proceed under that section if doing so does not broaden application of the statute, conflict with other statutes, or infringe on the interest of the absent parent. Cited herein: K.S.A. 38-1115, 38-1130, 60-1402, 65-2422a, 65-2422c, K.S.A. 1987 Supp. 77-201 T̲h̲i̲r̲d̲; K.A.R. 28-17-20; L. 1986, ch. 157.

Book Attorney General Opinion No  1988 050

Download or read book Attorney General Opinion No 1988 050 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 28-175 and K.S.A. 19-705 prohibit additional compensation or fees for performance of duties connected with the office of county attorney beyond what is specifically allowed by law. Case law uniformly allows additional compensation to be paid when a county attorney performs legal services outside the county's jurisdiction. While K.S.A. 22-2616(4) requires a county attorney to remain responsible for prosecution of cases transferred to another venue pursuant to that statute, it does not prohibit compensation or evidence legislative intent to abolish this case law. It is therefore our opinion that the county attorney may properly receive additional compensation for services rendered in another county pursuant to K.S.A. 22-2616(4). Cited herein: K.S.A. 2-1208a; 8-605; 9-2014; 17-1267; 19-701; K.S.A. 1987 Cupp. 19-702; 19-703; K.S.A. 19-705; 19-723; 22-2616(4); 22-3902; 22a-107; 28-175; 65-4036.

Book Attorney General Opinion No  1988 044

Download or read book Attorney General Opinion No 1988 044 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.

Book Attorney General Opinion No  1988 053

Download or read book Attorney General Opinion No 1988 053 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Hydroponic production of vegetables by a corporation on land owned by the corporation constitutes farming and thus violates the corporate farming law. Cited herein: K.S.A. 1987 Supp. 17-5903; 17-5904.

Book Attorney General Opinion No  1988 095

Download or read book Attorney General Opinion No 1988 095 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The act relating to insurance, concerning captive insurance companies and the regulation of certain title insurance rates, does not violate the provisions of the Kansas Constitution regarding the effective date of a bill, the single-subject requirement, or uniformity of application. Cited herein: K.S.A. 1987 Supp. 40-252; K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.A.R. 1987 Supp. 40-1-9; L. 1988, ch. 156; Kan. Const., Art. 2, sections 16, 17, 19; Kan. Const., Art. 2, section 17 (1859).

Book Attorney General Opinion No  1988 072

Download or read book Attorney General Opinion No 1988 072 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Book Attorney General Opinion No  1985 017

Download or read book Attorney General Opinion No 1985 017 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. 40-3104(d) requires that any person operating a motor vehicle upon the highways of Kansas be able to show, upon demand by a law enforcement official, evidence of financial security. Subsection (e) defines evidence of financial security as including a policy of motor vehicle liability insurance or an identification card or certificate issued by the insurance company which has such a policy in effect on the vehicle. The subsection also provides that a person charged with a violation of K.S.A. 1984 Supp. 40-3104(d) has 20 days to produce such evidence of financial security, either in court or in the office of the arresting officer. By this language, the legislature has permitted a minimum time period in which a person may, at his or her convenience, produce evidence of financial security in one of two different locations. Additionally, the "form" which is forwarded to the department of revenue following the production of such evidence should be filled out at the office of the arresting officer or the court at the time such evidence is produced, and not before. Cited herein: K.S.A. 1984 Supp. 40-3104.

Book Attorney General Opinion No  1979 017

Download or read book Attorney General Opinion No 1979 017 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Law enforcement agencies are required by law to maintain a permanent record of all felony offenses reported or known to have been committed within their jurisdiction, and these records are official public records which shall be open for inspection by any citizen. Reports, memoranda, or other internal government documents made by officers in connection with the investigation or prosecution of a case are not public records and are not open to public inspection. Motor vehicle accident reports are official public records and shall be open for public inspection.