Download or read book Attorney General Opinion No 1993 081 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: A municipal court has jurisdiction to hear cases alleging third and subsequent violations of the city's ordinances prohibiting driving under the influence as long as the minimum and maximum penalties are the same as the penalties prescribed in K.S.A. 8-1567, and amendments. Cited herein: K.S.A. 8-1567; 8-2001; 8-2601; 1993 House Bill No. 2355.

Download or read book Attorney General Opinion No 1994 081 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: Upon release of certain inmates, the department of corrections must provide all records of a sexually violent predator to a prosecutor including records of all psychiatric, psychological and medical treatment that the prisoner received while incarcerated. Cited herein: K.S.A. 1993 Supp. 21-4605; K.S.A. 45-221; K.S.A. 1993 Supp. 59-212; 59-2931; K.S.A. 65-4608; K.S.A. 1993 Supp. 75-5266.

Download or read book Attorney General Opinion No 1993 014 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: A determination of whether a state has established a program of state aid for free public education which is designed to equalize expenditures for free public education among the unified school districts is to be made by the United States secretary of education. If the United States secretary of education should determine that the school finance and quality performance act, K.S.A. 72-6405 et seq. meets the qualifications set forth in 34 C.F.R. sec. 222.62, the Pub. L. 81-874 funds received by a unified school district may be considered by the state board in determining the amount of state aid to which the school district is entitled. Under the state program, Pub. L. 81-874 funds constitute a portion of the general fund of the unified school district. Any unexpended and unencumbered balance remaining in the general fund, as well as an amount equal to the federal impact aid of the school district, is considered to be a portion of the local effort. As part of the general fund of the school district, unexpended and unencumbered funds which may have been Pub. L. 81-874 funds in preceding years may be considered as a portion of the local effort. Cited herein: K.S.A. 72-6405; 72-6409; 72-6410; 72-6416; 72-6440; 20 U.S.C. secs. 236, 240; 34 C.F.R. secs. 222.60, 222.61, 222.62, 222.67, 222.69; Pub. L. 81-874.

Download or read book Attorney General Opinion No 1992 081 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: No person who has declared and retains a political party affiliation in accordance with K.S.A. 25-3301 is eligible to accept an independent nomination for office. A person who is affiliated with a political party may, 14 days prior to the primary election, change the person's party or voter affiliation. If the person timely changes to an unaffiliated status, the person may accept an independent nomination provided the independent nomination petitions are properly filed pursuant to K.S.A. 1991 Supp. 25-305, as amended by 1992 House Bill No. 3213. A person who files as a partisan candidate in the primary election and who maintains such candidacy may not file as an independent candidate in the general election immediately following. A person who has filed as a partisan candidate in a primary election may, after withdrawing such candidacy and timely changing to an unaffiliated status, file as an independent candidate in the general election. The United States District Court for the district of Kansas has determined that K.S.A. 1991 Supp. 25-303, as amended by 1992 Senate Bill No. 789 requires only that signers of independent nomination petitions reside in the same county and election district of the office sought. This requirement does not restrict circulators to their home county and election district. The circulators may seek signatures anywhere in the state, but the signers must reside in the same county and election district as the circulators. While a qualified elector who is circulating an independent nomination petition is restricted to collecting signatures of those persons residing in that area intersected by the county and the election district in which the qualified elector resides, the candidate may collect signatures of persons residing anywhere within the election district. Cited herein: K.S.A. 1991 Supp. 25-202; 25-303, as amended by 1992 Senate Bill No. 789; 25-305, as amended by 1992 House Bill No. 3213; K.S.A. 25-3301; K.S.A. 1991 Supp. 25-3304; K.S.A. 25-303 (Ensley 1988); L. 1989, ch. 106, section 2; L. 1988, ch. 119, section 1.

Download or read book Attorney General Opinion No 1993 137 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: The Kansas bureau of investigation laboratory analysis fee established by L. 1992, ch. 298, sec. 83 is to be applied retroactively to offenses committed before July 1, 1993 in cases where the costs are assessed on or after that date. The provision is procedural in nature and does not violate the constitutional proscription against ex post facto laws. Cited herein: L. 1992, ch. 298, secs. 81, 83, 98.

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 081 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: Faculty members of the Kansas college of technology (KCT) who instruct maintenance and flight courses in the aeronautical training programs at KCT are employees of a governmental entity for purposes of the tort claims act. Instructors who maintain or pilot planes for other state agencies may be deemed employees of such other state agencies if acting in their service in an official capacity. Cited herein: K.S.A. 1988 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1988 Supp. 75-6108; K.S.A. 75-6109; K.S.A. 1988 Supp. 76-711; 76-712.

Download or read book Attorney General Opinion No 1993 005 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: As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Download or read book Attorney General Opinion No 1993 069 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: The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.

Download or read book Attorney General Opinion No 1990 081 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: The determination of human death is a medical diagnosis which must be made by a physician in accordance with accepted medical standards. The degree to which a physician may rely on information not gained through personal observation when making the determination of death is governed by the applicable medical standard. Cited herein: K.S.A. 22a-231; 65-1113; 65-2412; 65-3212; 65-3215; 77-202 (Weeks, 1977); 77-205.

Download or read book Attorney General Opinion No 1993 020 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: To satisfy the mandatory imprisonment requirements imposed by K.S.A. 8-1567, the individual must be in custody. Providing private security guards in a hospital setting is not sufficient in and of itself to meet this requirement, however, constant surveillance by law enforcement officials in a jail is not required either. The determining factor is the intent of the court and law enforcement officials to retain custody and control of the prisoner. Cited herein: K.S.A. 8-1567; 8-1450; 12-4113; K.S.A. 1992 Supp. 21-3110; 22-2202; K.S.A. 65-4003.

Download or read book Attorney General Opinion No 1993 064 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: County clerks, treasurers, sheriffs and registers of deeds have power and authority in personnel decisions over their employees. However, their actions shall be subject to the personnel policies and procedures and pay plans established by the board of county commissioners and any applicable collective bargaining agreements or civil service system and the budget. Appointment of the undersheriff is exclusively vested in the sheriff. Attorney General Opinion No. 81-287 is withdrawn to the extent set forth herein. Cited herein: K.S.A. 19-302; 19-503; 19-803; 19-805; 19-1202.

Download or read book Attorney General Opinion No 1993 044 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: With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.

Download or read book Attorney General Opinion No 1993 094 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: The restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.

Download or read book Attorney General Opinion No 1993 121 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: Persons or associations entering into an option agreement are not subject to the filing requirements of K.S.A. 1992 Supp. 16-310 or K.S.A. 16-329. Cited herein: K.S.A. 1992 Supp. 16-301; 16-310; K.S.A. 16-320; 16-329.

Download or read book Attorney General Opinion No 1993 030 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: Article 15, section 15 of the Kansas constitution, the victims' rights amendment, does not exclude municipalities or municipal court proceedings from operation of its provisions. Cited herein: K.S.A. 74-7333; 74-7335; Kan. Const., art. 15, sec. 15.

Download or read book Attorney General Opinion No 1993 070 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: K.S.A. 1992 Supp. 59-2123(a)(1) which prohibits advertisements relating to adoptions violates the first amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 59-2112; 59-2123; 59-2130; 59-2132.