Download or read book Attorney General Opinion No 1988 062 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: When the state operates an information network, it may be subject to liability for damages if liability would exist were the network operated by an individual. To state a cause of action for negligence, an injured party must show a duty, a breach of that duty, and damages which were caused by the breach of duty. The state, in operating an information network, may be gratuitously rendering services which are recognized as necessary for the individual's protection, thus giving rise to a duty. If negligence is established, the state may avail itself of exceptions from liability found in the tort claims act. Cited herein: K.S.A. 75-6101; 75-6103(a); K.S.A. 1987 Supp. 75-6104.
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 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 1988 014 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: Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.
Download or read book Attorney General Opinion No 1988 166 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. 16-601i authorizes the investment of funds obtained from the sale of investment certificates in a majority-owned affiliate or subsidiary of the issuer as long as the affiliate/subsidiary is engaged in the same type of business as the issuer and does not itself issue investment certificates. Based on the historical background of the investment certificate act and the rules of statutory construction, it is our opinion that this provision would not preclude the acquisition of the majority stock of a savings and loan association with funds obtained from the sale of investment certificates. However, the Consumer Credit Commissioner has the discretion to prohibit such an investment if her determination is reasonably based on other provisions of the act. Cited herein: K.S.A. 1987 Supp. 9-1101, as amended by L. 1988, ch. 62, section 1; 16-601i; 16-630; 16a-1-301, as amended by L. 1988, ch. 85, section 2; 17-5501.
Download or read book Attorney General Opinion No 1988 097 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 public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.
Download or read book Attorney General Opinion No 1988 034 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: While there is no express provision in the Kansas Constitution that prohibits the legislature from appointing its members to administrative boards or commissions, the separation of powers doctrine prohibits the legislature from usurping the powers of another governmental branch. In view of the case law history of this doctrine and the facts with which we have been presented, we cannot conclusively say that legislative membership on the emergency medical services board is unconstitutional under the separation of powers doctrine. Cited herein: K.S.A. 65-4316; 74-2127; Kan. Const., Art. 2, section 14; 1988 House Bill No. 2639.
Download or read book Attorney General Opinion No 1982 062 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The authority of a special deputy appointed pursuant to K.S.A. 19-805a to exercise general law enforcement powers is not equal to that of a "law enforcement officer" as such term is defined by the Kansas Criminal Code. The authority of a special deputy to exercise general law enforcement powers is limited by K.S.A. 19-805b to certain specified premises or in the event of riot, sabotage, serious disturbances or breach of the peace. Thus, a special deputy is prohibited from carrying a concealed firearm when not engaged in the performance of his or her statutorily authorized duties. Cited herein: K.S.A. 19r805, 19-805a, 19-805b, 21-3110(10), 21-4201, 22-2401a.
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 024 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 issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.
Download or read book Attorney General Opinion No 1988 075 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 local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
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.
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 165 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: Certain portions of K.S.A. 39-709, as amended by L. 1988, ch. 143, section 8, conflict with sections of the Medicare Catastrophic Coverage Act of 1988, 42 U.S.C. section 1396p. In order to comply with the more restrictive federal eligibility standards, and thus remain eligible for participation in the federal medicare program, state legislative action is necessary to amend those portions of the statute that directly conflict with federal requirements. Cited herein: K.S.A. 39-709, as amended by L. 1988, ch. 143, section 8; 42 U.S.C. section 1396p (Supp. 1988).
Download or read book Attorney General Opinion No 1988 148 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: Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.
Download or read book Attorney General Opinion No 1989 139 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: K.S.A. 1988 Supp. 12-1758, as amended by L. 1989, ch. 62, section 2, K.S.A. 12-1759 (as amended) and K.S.A. 12-1763 (as amended) are part of an enactment (L. 1989, ch. 62) which is not uniformly applicable to all cities. Accordingly, a city may by charter ordinance exempt itself from the provisions of those statutes and adopt substitute and additional provisions on the same subject, in accordance with article 12, section 5 of the Kansas Constitution. However, substitute and additional provisions in charter ordinance no. 10 of the city of Horton, which would authorize a public building commission to lease and operate a correctional facility for one thousand inmates, have a substantial impact on residents outside the territorial limits of the city of Horton. Recognizing that impact, it is our opinion that the substitute and additional provisions prescribed by charter ordinance no. 10 of the city of Horton do not fit within the "local affairs and government" language of article 12, section 5 of the Kansas Constitution and are outside the authority granted by that constitutional provision. Cited herein: K.S.A. 12-1757; K.S.A. 1988 Supp. 12-1758; K.S.A. 12-1759; 12-1763; L. 1989, ch. 62, section 2; L. 1989, ch. 62, section 4; Kan. Const., Art. 12, section 5.
Download or read book Attorney General Opinion No 1988 073 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: 1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.
