Download or read book Attorney General Opinion No 1988 038 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: Persons elected to judge of the district court in November 1986 due to a vacancy in office were elected to a four year term to expire January 1991. Cited herein: K.S.A. 1987 Supp. 20-301a; 25-312a; K.S.A. 25-313; 25-314; 25-3904; 25-3906; L. 1985, ch. 119, section 1; L. 1976, ch. 145, section 138; Kan. Const., Art. 3, section 6.

Download or read book Attorney General Opinion No 1988 150 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. 38-1401 e̲t̲ s̲e̲q̲. does not permit members of the children and youth advisory committee to divest themselves of statutorily imposed functions or duties. Membership in the committee or its subcommittees is statutorily limited to those entities set forth under K.S.A. 38-1401. However, in furtherance of duties set forth under K.S.A. 38-1402, the advisory committee may accept voluntarily given information from non-members. Payments authorized pursuant to K.S.A. 38-1403 may be made only to members of the committee. Cited herein: K.S.A. 38-1401; 38-1402; 38-1403; 75-3223.

Download or read book Attorney General Opinion No 1988 130 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 chronological order, the following must occur before a court may authorize placement in a secure facility pursuant to L. 1988, Ch. 138, section 8(e): 1) The child must have run from a court ordered or designated placement at least twice; 2) the child must be adjudicated as a child in need of care for having so run; 3) the court must enter an order directing the child to remain in a specified placement, following the procedures set forth in L. 1988, Ch. 138, section 8(a); 4) the child must violate this order; 5) upon the filing of an application pursuant to L. 1988, Ch. 138, section 8(b), a hearing on the violation must be held and the court must make the determinations required in L. 1988, Ch. 138, 58(e). A subsection 8(e) court order authorizing placement in a secure facility expires 60 days after it is issued. The court may grant two extensions of such authorization, up to 60 days each, upon rehearing pursuant to K.S.A. 38-1564. The secure placement authorized by L. 1988, Ch. 138, section 8(e) may not be in an adult jail except when a juvenile detention facility located therein, in quarters separated by sight and sound from adult prisoners, is used to hold the child for not more than 24 hours, including time spent therein pursuant to subsections 8(c) and (d). Cited herein: K.S.A. 1987 Supp. 38-1502, K.S.A. 38-1527, 38-1528, 38-1542, 38-1543, all as amended by L. 1988, Ch. 138; K.S.A. 38-1556; 38-1563; and L. 1988, Ch. 138, section 8.

Download or read book Attorney General Opinion No 1988 174 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. 38-1202 and K.S.A. 1987 Supp. 59-2278b do not require a pregnant woman who is not a Kansas resident, but whose child is born in Kansas, to comply with the procedures of the interstate compact on placement of children. Cited herein: K.S.A. 38-1202; K.S.A. 1987 Supp. 59-2278b; K.S.A. 65-509.

Download or read book Attorney General Opinion No 1990 038 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of the uniform consumer credit code, the residence of military personnel is the address listed as the person's residence in any signed writing in connection with the consumer transaction. If the individual's residence is called into question, it must be determined on a case-by-case basis taking many factors into consideration in an attempt to ascertain the individual's intended residence. Cited herein: K.S.A. 16a-1-201; K.S.A. 77-201.

Download or read book Attorney General Opinion No 1989 038 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: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

Download or read book Attorney General Opinion No 1986 038 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. 75-4318 provides a two-part test that must be met before a body can be found to be included under the Kansas Open Meetings Act: (1) the body is either a legislative or administrative agency of the state or one of its political or taxing subdivisions or subordinate to such a body; and (2) the body receives, expends or is supported in whole or in part by public funds, or, in the case of subordinate groups, has a parent or controlling body which is so supported. Members of the board of trustees of the Sedan City Hospital are appointed by the Sedan City Council. Therefore, the board of trustees is a "subordinate group" of a legislative body which receives and expends public funds. Since both parts of the test are met, the board of trustees of the Sedan City Hospital is subject to the KOMA. Cited herein: K.S.A. 1985 Supp. 12-1615; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318.

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.

Download or read book Attorney General Opinion No 1977 038 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Ordinance Nos. 13793 and 13971, providing for the payment of defense costs and for the satisfaction of civil judgments entered against city police officers arising out of false arrests by such officers while acting within the scope of such officers' duty, and providing for the payment of defense costs and for the satisfaction of civil judgments entered against certain other city officers arising out of errors or omissions committed by such members while acting within the scope of their authority, both conform fully to settled principles of the law of municipal corporations, and the use of municipal funds to pay such costs and judgments does not constitute a diversion of public funds to private purposes.

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.

Download or read book Attorney General Opinion No 1989 031 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: It is our opinion that Kansas law clearly and unequivocally seeks to avoid removing a child from his home, but permits such removal in order to protect and promote the welfare of the child. State law 1) unambiguously requires a judicial order for removal to be based upon the court's determination that leaving a child in the home is contrary to the child's welfare, and 2) provides for judicial determinations concerning reasonable efforts to keep children in their homes. Cited herein: K.S.A. 38-1501; K.S.A. 1988 Supp. 38-1542; 38-1543; K.S.A 38-1562; 38-1563; K.S.A. 1988 Supp. 38-1565; K.S.A. 38-1583.

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.

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.

Download or read book Attorney General Opinion No 1988 082 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. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.

Download or read book Attorney General Opinion No 1988 139 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.A.R. 74-6-2 requires an additional office of a certified public accountant (CPA) have a resident manager who devotes more than half of his working time to the affairs of that office. This regulation is outside the scope of the legislatively delegated powers in that it violates the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1-202 e̲t̲ s̲e̲q̲.; K.S.A. 1987 Supp. 77-425, as amended by L. 1988, ch. 366, sec. 38; K.A.R. 74-6-1; 74-6-2; 74-6-1; U.S. Const., Fourteenth Amend.

Download or read book Attorney General Opinion No 1978 038 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislation may be passed prior to the issuance of municipal bonds to give authority to statutory bonded indebtedness limitations which at the time certain bonds were approved by the voters did not exist.

Download or read book Attorney General Opinion No 1992 038 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: K.S.A. 1991 Supp. 79-1437f provides that the contents of real estate sales validation questionnaires filed in accordance with that act, while closed to most individuals, shall be made available to appraisers licensed or certified pursuant to K.S.A. 58-4101 et seq. Such questionnaires meet the definition of a public record set forth at K.S.A. 45-217(f), and thus, copies of and access to such records must be provided to licensed or certified appraisers in accordance with the applicable provisions of K.S.A. 45-215 et seq. A custodian of such a public record may not refuse to make copies of such records for persons entitled to access to the contents of a questionnaire filed under K.S.A. 1991 Supp. 79-1437f nor may a custodian delay access or copying until the information in the questionnaire is verified or refuted. Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1991 Supp. 45-221; 58-4101; 79-1437c; 79-1437f.