Download or read book Attorney General Opinion No 1995 053 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 nonprofit nonstock corporation such as a credit union may merge or consolidate with another type of financial institution whether that institution is for profit or not. However, a credit union is not authorized to convert into another type of financial institution. Cited herein: K.S.A. 17-2201; 17-6101; K.S.A. 1994 Supp. 17-6705; 17-6707; K.S.A. 17-6801.

Download or read book Attorney General Opinion No 1995 026 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 applicable definition of "state agency," as used in rules and regulations adopted by the state records board pursuant to K.S.A. 75-3504, is set forth in K.S.A. 45-402. Under that definition, and for purposes of appointing a records officer as provided by K.A.R. 53-4-1, the deferred compensation unit of the department of administration is a state agency. However, Kansas Advocacy and Protective Services, Inc. is not a state agency for purposes of K.A.R. 53-4-1 and therefore need not appoint a records officer. Cited herein: K.S.A. 40-2302; 45-402; 46-224; 75-3049; 75-3502a; 75-3504; 75-3701; 75-3728a; 75-5274; 75-5521; 75-5523; L. 1990, ch. 22, section 3; L. 1991, ch. 11, section 2; L. 1992, ch. 214, section 9; L. 1992, ch. 325, section 2; L. 1993, ch. 270, section 2; L. 1994, ch. 361, section 2; K.A.R. 53-4-1.

Download or read book Attorney General Opinion No 1996 053 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: Rural water districts created pursuant to KS. A. 82a-612 et seq. may, under certain conditions, recoup the costs of relocating water lines which cross a state funded highway project, KS. A 1995 Supp. 68-415. A public wholesale water supply district is not eligible for the reimbursement of costs because the statute is specific to rural water districts. However, a rural water district, which cooperates with another entity to create a public wholesale water district, but has water lines which remain the property of a rural water district and otherwise meet the statutory requirement of the 90% limitation may be eligible for the recoupment, notwithstanding its joining with another entity to create a public wholesale water district under KS. A 19-3545. Cited herein: KS. A 19-3545; 19-3547; KS. A 1995 Supp. 68-415; KS. A. 82a-612.

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 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 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 1994 053 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: A juvenile may waive the right to counsel provided that it is a knowing and intelligent waiver based upon the totality of circumstances. Cited herein: K.S.A. 38-1606; 38-1633.

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 089 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 bail bondsman may use reasonable means to effect the arrest of a bonded principal. However, a bail bondsman may be charged with possessing a weapon regardless of the bail bondsman's authority to arrest. Cited herein: K.S.A. 22-2809; 42 U.S.C. section 1983.

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 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 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 083 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: Vehicles may be registered in either the Kansas county where the owner of record resides or, under certain conditions, the Kansas county where the owner of record has a bona fide place of business. Cited herein: K.S.A. 1994 Supp. 8-126; K.S.A. 8-129; 8-1,138; 79-5106.

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 1982 053 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 Secretary of State, pursuant to K.S.A. 75-2567(b), must provide the Kansas Register to each complete depository library free of charge. Cited herein: K.S.A. 1981 Supp. 75-430, 75-433, K.S.A. 75-2565, 75-2566, 75-2567.

Download or read book Attorney General Opinion No 1995 069 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 employee in K.S.A. 71-1403 is defined to include those persons whose service to the community college is subject to the control and direction of the community college, provided such control and direction includes directing the manner in which the services are performed, regardless whether the person receives compensation from the community college. The prohibition against an employee of a community college serving as a member of the board of trustees does not violate the free speech and equal protection clauses of the United States and Kansas constitutions. Cited herein: K.S.A. 25-1903; 71-1401; 71-1403; 72-6913 (repealed); L. 1990, ch. 252, section 6; L. 1967, ch. 407, section 3; L. 1965, ch. 417, section 13; Kan. const., bill of rights, secs. 1, 11; U.S. const., amends. I, XIV.

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.