Download or read book Attorney General Opinion No 1997 053 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Riley County should follow the current provisions of K.S.A. 19-211 to sell county property including that authorized for sale by voters in 1984. Pursuant to this statute, a board of county commissioners may exercise its discretion in determining the manner of sale of county property as long as the property is sold publicly to the highest and best bidder as determined by the county. The board should exercise its discretion in determining the specificity of the sale terms and conditions to be included in the notice of sale. K.S.A. 19-211 does not require that the terms and conditions of sale be included on the ballot question. The 1984 notice of special question election in Riley County does not restrict the choice of sale terms allowed by the current provisions of K.S.A. 19-211. Cited herein: K.S.A. 19-211; K.S.A. 1996 Supp. 77-201; L. 1989, Ch. 82, sections 1, 3; L. 1993, Ch. 198, section 1.

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 1997 071 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.

Download or read book Attorney General Opinion No 1997 003 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory authority, the residents of a city of the first class have no authority to dissolve as a corporate body that city. Cited herein: K.S.A. 15-111; Kan. Const., art. 12, section 5.

Download or read book Attorney General Opinion No 1998 053 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A real estate broker is prohibited from offering or giving anything of value, other than the broker's services as a broker, that is contingent upon an agency agreement with a client or the sale, purchase or lease of real estate. In the errors and omissions insurance program described, a real estate broker would be offering a seller-client something of value, other than services as a broker, that is contingent upon an agency agreement. Thus a real estate broker who participated in the AHS program as described would be in violation of K.S.A. 1997 Supp. 58-3062(a)(11). Cited herein: K.S.A. 1997 Supp. 58-3035; 58-3062, as amended by L. 1998, Ch. 93, section 74; 58-30,102.

Download or read book Attorney General Opinion written by Carla J. Stovall and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sixth Amendment right to counsel does not attach at the point when a juvenile is taken into custody and subjected to the juvenile intake and assessment process established pursuant to K.S.A. 2000 Supp. 75-7023. Whether a juvenile's Fifth Amendment rights are violated will depend upon whether a juvenile is in fact compelled to respond to a POSIT questionnaire and whether there is an attempt to use such responses against the juvenile in a criminal proceeding. There would likely be Fifth Amendment implications if POSIT responses to criminal behavior queries lead to either the filing of criminal charges or the court's imposition of a harsher sentence based on such responses. Given the State's parens patriae interest and the fact that POSIT questionnaire responses are confidential, it is unlikely under the present state of the law that a claim based upon the constitutional right of privacy would be successful. Although the fact that the information obtained during the intake and assessment process is allegedly retained indefinitely, it is only one of many factors that a court would consider in determining whether the intake and assessment process evidences a proper regard for privacy. Whether or not a parent's familial association rights are violated based on a juvenile's responses to a POSIT questionnaire will depend upon the facts of the case. While a juvenile who has been arrested for disorderly conduct may consider it intrusive to answer a question regarding sexual practices, in light of the government's interest in identifying at- risk behavior in juveniles, this limited intrusion is justified and does not run afoul of the Fourth Amendment. Finally, the fact that responses to a POSIT questionnaire may be taken into account by a prosecutor in determining whether to grant diversion does not implicate the Equal Protection Clause. Cited herein: K.S.A. 21-4703; K.S.A. 2000 Supp. 21-4711; K.S.A. 22-2908; 38-1507; 38-1508; 38-1617; 38-1618; 38-1624; 38-1635; K.S.A. 2000 Supp. 75-7023; L. 1997, Ch. 156, section 87; L. 1994, Ch. 315, section 1; L. 1994, Ch. 360, section 6; U.S. Const., Amends. 4, 5, 6, and 14.

Download or read book Attorney General Opinion No 1997 073 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.

Download or read book Attorney General Opinion No 1997 012 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.

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 1997 013 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may permit pupils of the school district to utilize the district's transportation services in order to arrive at a religious facility in which the pupils will attend catechism classes if such transportation occurs along the regular transportation routes designated by the unified school district, as required by state statute, and the same service is available for pupils seeking transportation to other religious or nonreligious facilities. The latter is required because a governmental preference of one religion over other religions or nonreligion is not permitted under the Establishment Clause of the First Amendment of the United States Constitution. Cited herein: K.S.A. 72-8302, as amended by L. 1996, ch. 141, section 3; 72-8303; 72-8305; U.S. Const., Amend. I; U.S. Const., Amend. XIV; 20 U.S.C. section 1400.

Download or read book Attorney General Opinion No 1997 031 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A juvenile who violates an ordinance that proscribes conduct that is not prohibited by statute has not committed an act that would constitute a felony or misdemeanor as defined by K.S.A. 1996 Supp. 21-3105 and thus may be prosecuted in municipal court. Cited herein: K.S.A. 1996 Supp. 21-3105; K.S.A. 21-3512; 21-3701; 21-4501; K.S.A. 1996 Supp. 21-4502; 21-4503a; 38-1602; K.S.A. 38-1604.

Download or read book Attorney General Opinion No 1997 008 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The taking, use or exhibition of the symbol "Rx" is limited to licensed pharmacists and entities which employ licensed pharmacists. The taking, use or exhibition of that symbol by any other entity is prohibited. The federal Lanham Trademark Act does not preempt the Kansas prohibition against the use of that symbol by other than licensed pharmacists and entities which employ licensed pharmacists. Thus registration of the symbol "Rx" as a service mark pursuant to the federal Lanham Trademark Act does not exempt a furniture refinishing and repairing company from compliance with that Kansas prohibition. Cited herein: K.S.A. 65-636; 65-1626; 15 U.S.C. section 1051; 15 U.S.C. section 1057; 15 U.S.C. section 1121.

Download or read book Attorney General Opinion No 1997 023 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 18 U.S.C. section 1161 and section 26(C) of the Indian Gaming Compact between the State of Kansas and the Sac and Fox Nation of Missouri in Kansas and Nebraska each provide for regulation of tribal liquor sales in accordance with state law. The United States Supreme Court in Rice v. Rehner held that 18 U.S.C. section 1161 confers concurrent jurisdiction on the states and the tribes over liquor transactions in Indian country. This grant of authority has been held to include regulatory as well as substantive law. Thus, the Sac and Fox Nation will be required to obtain a state license before beginning liquor sales at the tribal casino. Because the casino is located in Brown County which has not opted to allow drinking establishments within the county in accordance with Article 15, Section 10 of the Kansas Constitution and K.S.A. 1996 Supp. 41-2646, the Tribe may not operate a drinking establishment at the casino. The Tribe may, however, apply for a club B license. Cited herein: K.S.A. 1996 Supp. 41-2601; K.S.A. 41-2634; K.S.A. 1996 Supp. 41-2641; 41-2642; K.S.A. 41-2646; Kan. Const., Art. 15, section 10; 18 U.S.C. sections 1151, 1154, 1156, 1161; 3113, 3488, 3669.

Download or read book Attorney General Opinion No 1997 010 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may provide financial assistance to a social service agency that subscribes to certain religious tenets as long as the use of such funds conforms with the public purpose doctrine and the funds are not used to secure or maintain a place where any form of religious worship is conducted or where any religious doctrine is taught. Cited herein: Kan. Const., Bill of Rights, section 7; U.S. Const., Amendment I.

Download or read book Attorney General Opinion No 1997 102 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Boards of education may contract for services or supplies necessary for nurses to perform their duties. K.S.A. 72-1758; 72-1793; 72-17,104; 72-5501; 72-7513; 72-8202e; K.A.R. 91-1-65; 91-1-67; 91-1-111a.

Download or read book Attorney General Opinion No 1986 053 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: 1986 Senate Bill No. 696, which would enact the Family Farm Rehabilitation Act, does not constitute a "taking" of property which must be compensated under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. A lender's security interest is preserved under the bill, and a farmer seeking to invoke the bill's protection from foreclosure must annually pay an amount which is equivalent to that which the lender would receive if the land were sold at its present fair market value and the proceeds invested at current rates. Given decisions of the United States Supreme Court which permit such action by a state in the exercise of its police powers during a time of distress in the agricultural economy, in our opinion 1986 Senate Bill No. 696 is constitutional. Cited herein: 1986 Senate Bill No. 696; 1986 House Bill No. 2691; U.S. Const., Fourteenth Amend.

Download or read book Attorney General Opinion No 1997 022 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.