Download or read book Attorney General Opinion No 1995 040 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 police or fire department does not issue a "false alarm" in violation of K.S.A. 1994 Supp. 21-4110, by dispatching fire and police personnel to a training exercise without a prior disclaimer. Such departments may be liable under the tort claims act, however, for actions of their respective employees if those actions do not fall within the exemption for the provision of fire or police protection found in 75-6104(n). Cited herein: K.S.A. 1994 Supp. 21-4110; 75-6102; K.S.A. 75-6103; K.S.A. 1994 Supp. 75-6104.

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 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.

Download or read book Attorney General Opinion No 1995 102 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 six month waiting period imposed by K.S.A. 40-241 before an insurance agent license applicant may retake a licensure examination after four prior failed attempts applies regardless how much time has passed since the initial three attempts took place. Cited herein: K.S.A. 40-241.

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.

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.

Download or read book Attorney General Opinion No 1995 031 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: Under the state moneys law, K.S.A. 75-4201 et seq., the pooled money investment board is charged with the responsibility of managing and investing state moneys, except as otherwise provided by statute. The municipal investment pool fund established by K.S.A. 1994 Supp. 12-1677a is not a permissible investment of state idle funds as that term is herein defined. However, K.S.A. 1994 Supp. 75-4263 does authorize the pooled money investment board to invest special funds, as herein defined, in the municipal investment pool. The pooled money investment board stands in the role of a fiduciary with regard to the various state moneys it is charged to invest. As such, the board has a separate duty of loyalty to the respective beneficiaries of each fund or pool it manages. Cited herein: K.S.A. 1994 Supp. 12-1675; 12-1677a; 40-3403; K.S.A. 40-3406; 74-8901; K.S.A. 1994 Supp. 74-8920; K.S.A. 75-704; K.S.A. 1994 Supp. 75-4201; 75-4205; 75-4208; 75-4209; K.S.A.75-4210a; K.S.A. 1994 Supp. 75-4213; 75-4221a; 75-4222; 75-4263.

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.

Download or read book Attorney General Opinion No 1974 040 written by Vern Miller and published by . This book was released on 1974 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: "K.S.A. 25-3108 and 25-3208 provide that in enumerated instances in which a tie vote occurs between any two or more persons, the canvassing board "shall determine by lot which person is nominated or elected." You request by vie whether these provisions should be changed."

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.

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.

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.

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.

Download or read book Attorney General Opinion No 1995 014 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: An administrative agency's interpretation of a regulation must be consistent with the language found in the regulation and with the statutes the regulation implements. Whether an agency's interpretation is enforceable depends on the facts and is determined on a case by case basis. Cited herein: K.S.A. 74-5813; 77-415; K.A.R. 67-2-4.

Download or read book Attorney General Opinion No 1999 040 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceeds from the emergency telephone tax created by K.S.A. 1998 Supp. 12-5302 may not be used for the purchase of a Data Transmission Network, as described herein, or the Network's monthly charges. Moreover, such proceeds may not be used for the costs involved in training civil defense personnel on the creation and operation of the Map-Info Database described herein. However, if employees of a county attorney's office are part of the law enforcement response to 911 emergencies, proceeds of the emergency telephone tax may be used to pay for the monthly recurring charges for pagers used by that office. Cited herein: K.S.A. 1998 Supp. 12-5302; 12-5304.

Download or read book Attorney General Opinion No 1995 020 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: Because the secrecy of grand jury proceedings is a well-guarded aspect of American criminal procedure, the minutes of a grand jury are to be kept secret pursuant to K.S.A. 22-3012 and, in the absence of a court order, are not to be provided to a state agency desiring to pursue disciplinary action against a licensee. This is true even though the indictments of that grand jury were quashed on the basis of a technical deficiency in the impaneling of the grand jury. Cited herein: K.S.A. 22-3001; 22-3012.

Download or read book Attorney General Opinion No 1995 119 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: Unlike review of a public record in open meeting, executive session review of a public record by an entity subject to the Kansas open meetings act (KOMA) does not alter the nature of or laws applicable to disclosure of that record. The Kansas open records act (KORA) generally requires all public records to be open unless a specific law applies to that record in such a way as to require or allow closure of the public record in question. Whether or not a specific document fits the definition of a public record, or is subject to closure under a specific law, is a fact question which must be answered on a case by case basis. K.S.A. 1994 Supp. 45-221(a) and (b), 79-1437c and 79-1437f, as amended, should all be considered when reviewing a record that contains financial information provided to a county pursuant to taxing authority. Cited herein: K.S.A. 45-215; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 256, section 6; K.S.A. 75-4317; K.S.A. 1994 Supp. 79-4319, 79-1437c, as amended by L. 1995, ch. 252, section 25; 79-1437f.