Download or read book Attorney General Opinion No 1995 045 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 Reading fire benefit district is a public special district subject to K.S.A. 25-2201 et seq., and the Reading fire benefit district failed to exercise its right of appeal under K.S.A. 25-2204, the Reading fire benefit district is liable for apportionment and reimbursement of direct election expenses incurred by Lyon county when the Lyon county election officer conducted a question submitted election for the Reading fire benefit district. Cited herein: K.S.A. 19-101b; 19-270; K.S.A. 1994 Supp. 19-3610; K.S.A. 25-119; 25-2201; 25-2204; 31-301; 31-302; 60-512; K.S.A. 1994 Supp. 79-5021; 79-5036; L. 1992, ch. 161, section 1; L. 1986, ch. 70, secs. 1, 33.

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.

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 1995 067 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 Kansas association of counties is not "a municipality" subject to the provisions of the cash-basis law, nor is it, under K.S.A. 75-702, entitled to legal representation by the Attorney General. However, it is "a public agency" subject to the Kansas open records act. Cited herein: K.S.A. 1994 Supp. 10-1101; K.S.A. 10-1102; 19-2689; 19-2690; K.S.A. 1994 Supp. 45-217; K.S.A. 75-702.

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 094 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 Kansas bureau of investigation may not release information in the juvenile offender information system except as specifically authorized by K.S.A. 38-1618(e), which generally prohibits the disclosure of such information in a manner that enables the identification of the juvenile. Unless a request for access to such information falls under one of the exceptions set forth in that statute, the bureau may not disclose information from the system pertaining to any juvenile, including those age 14 and older. Cited herein: K.S.A. 1994 Supp. 22-4701; 22-4704; K.S.A. 22-4707, as amended by L. 1995, ch. 251, sec. 18; K.S.A. 38-1601; K.S.A. 1994 Supp. 38-1602; 38-1607; 38-1608; K.S.A. 38-1617; 38-1618; 38-1655, as amended by L. 1995, ch. 251, sec. 31; K.S.A. 45-215; 45-216; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 257, sec. 6; K.S.A. 75-711, as amended by L. 1995, ch. 213, sec. 1; K.S.A. 75-712; L. 1994, ch. 271, sec. 8; K.A.R. 10-12-1; 10-12-2.

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 064 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 Kansas open records act (KORA) requires access to all public records, unless they are permissibly or mandatorily closed pursuant to some specific legal authority. While a county may, through its exercise of home rule, establish a proprietary computerized system which allows computer access to certain public records on a paid subscription basis, this arrangement does not alter the applicability of the KORA to public records nor does such a proprietary system alter the nature of a public record. A public agency may establish subscription fees and other charges for on-line access to computerized public records through the use of proprietary software. Public records accessed through such a system remain public records, and must also be available upon a record request, at a fee not exceeding the actual cost of their production. Cited herein: K.S.A. 21-3914; 45-215; 45-216; K.S.A. 1994 Supp. 45-217; K.S.A. 45-218; K.S.A. 1994 Supp. 45-219; K.S.A. 45-220; K.S.A. 1994 Supp. 45-221, as amended by 1995 H.B. 2203.

Download or read book Attorney General Opinion No 1996 077 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges' telephone records do not become public records merely because the telephone system is maintained by another branch of government. Cited herein: K.S.A. 1995 Supp. 45-217; 75-4709.

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 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 006 written by Robert T. Stephan and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The department of revenue is a public agency whose records are public records under the Kansas open records act. However, release of certain information is prohibited by separate state statute, and disclosure of other information is discretionary with the agency, depending on the nature and characteristics of the records requested. Cited herein: K.S.A. 45-216; 45-217; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138; 77-501; 77-522; K.S.A. 1993 Supp. 79-3234, as amended by L. 1994, ch. 188, section 3.

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 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 1996 045 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax increment costs incurred at the commencement of a tax increment project can be repaid over time from tax increment revenues without the issuance of tax increment bonds. K.S.A. 12-1770 et seq., when read in its entirety, contemplates that in addition to the issuance of the special obligation tax increment bonds specifically authorized, alternate finance structures may be utilized. This interpretation is consistent with the act's stated purpose found in K.S.A. 12-1770 to "promote, stimulate and develop the general and economic welfare of the state of Kansas and its communities and to assist in the development and redevelopment of central business district areas of cities, blighted areas located within cities and enterprise zones ... thus promoting the general welfare of the citizens of this state. . . ." Cited herein: K.S.A. 1995 Supp. 12-1770; 12-1771; K.S.A. 12-1775; 12-1778.

Download or read book Attorney General Opinion No 1986 045 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: Under the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 e̲t̲ s̲e̲q̲., a member of the Board of Trustees of Wichita State University will be provided with legal representation in, and will not be personally liable for judgments resulting from, lawsuits in which the member has acted within the scope of his employment. Cited herein: K.S.A. 75-6102; 75-6103; 75-6108; 75-6109; 76-3a16.