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Book Attorney General Opinion No  1999 028

Download or read book Attorney General Opinion No 1999 028 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: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.

Book Attorney General Opinion

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: With limited exceptions, a lawyer has a duty to maintain confidentiality of information relating to representation of a client. A lawyer should give nonlawyer assistants appropriate instruction and supervision concerning the ethical aspect of their employment, particularly regarding the obligation not to disclose information relating to representation of the client. A licensed social worker has a duty to report suspected child abuse or neglect, and should comply with the requirements of the mandatory reporting law. A lawyer who employs or contracts with a social worker to assist in representation of a client should inform the client of these potentially conflicting duties and allow the client to decide whether to proceed with the use of a social worker in the case. Cited herein: K.S.A. 38-1521; 38-1522, as amended by 2001 SB 186, section 2; K.S.A. 2000 Supp. 65-6311; 65-6315; K.A.R. 102-1-7; Kan. Rules of Professional Conduct 1.6 and 5.3.

Book Attorney General Opinion No  1999 009

Download or read book Attorney General Opinion No 1999 009 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: A third party acting in a contractual capacity with a swine facility operator may provide financial assurance on behalf of the operator to cover the cost of closure of the swine facility or lagoon if the operator provides evidence satisfactory to the Kansas Department of Health and Environment (KDHE) that those closure costs will be accessible to the KDHE when needed. K.A.R. 28-18a-23 and 28-18a-24 set forth mechanisms to demonstrate financial assurance. Which mechanism is appropriate will depend on the particular circumstances of each facility and the parties involved. Although the regulations provide for self-insurance, self-insurance by a third party should only be allowed if the operator demonstrates to the satisfaction of the KDHE that adequate funds will be legally available and accessible to the KDHE in the event of closure. Cited herein: K.S.A. 1998 Supp. 65-1,179; 65-1,181; 65-1,182; 65-1,189; 65-1,190; K.A.R. 28-18a-23; 28-18a-24.

Book Attorney General Opinion No  1978 028

Download or read book Attorney General Opinion No 1978 028 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.

Book Attorney General Opinion No  1999 039

Download or read book Attorney General Opinion No 1999 039 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: If a resolution changing the method of selection of members of a board of trustees of a hospital district established pursuant to K.S.A. 80-2501 et seq. from the methods set forth in subsection (a)(1) or (a)(2) of K.S.A. 80-2508 to election pursuant to subsection (a)(3) or (a)(4) of K.S.A. 80-2508 fails to clearly establish whether the term of office for the elected trustees is to be three years or four years, the elected trustees are deemed to serve terms of three years. Exercising authority conferred under K.S.A. 80-2508, the members of the board may then by majority vote change the term of office to four years. Cited herein: K.S.A. 80-2501; 80-2504; 80-2506; 80-2508.

Book Attorney General Opinion No  1992 028

Download or read book Attorney General Opinion No 1992 028 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: If a public record is not closed or its use limited, a public agency may only require a written request, advance payment of prescribed fees and proof of the requestor's identity prior to granting access to or copies of such open public records. A public agency may adopt procedures designed to safeguard public records and minimize disruption of public business and may supply a form for requesting records as a means of facilitating the process. However, the agency may not require that a written request for an open public record be made in a certain form prior to granting access to or copies of such records. However, if the requested record's use is limited pursuant to K.S.A. 21-3914 or K.S.A. 1991 Supp. 45-221, a public agency may also require a notarized statement attesting to the matters set forth in K.S.A. 45-220(c)(1) or (2). Cited herein: K.S.A. 21-3914; 45-215; 45-217; 45-219; 45-220; K.S.A. 1991 Supp. 45-221; K.S.A. 53-101.

Book Attorney General Opinion No  1999 038

Download or read book Attorney General Opinion No 1999 038 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: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.

Book Attorney General Opinion No  1999 057

Download or read book Attorney General Opinion No 1999 057 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: K.S.A. 1998 Supp. 25-4501 states "there shall be held a presidential preference primary." The provision is mandatory. Although the expense of conducting the presidential preference primary may well prove burdensome for the counties of the State, the statutory language obligates the counties to conduct the presidential preference primary regardless whether the Legislature acts to appropriate monies which would be used to reimburse the counties for the costs associated with conducting the presidential preference primary. Cited herein: K.S.A. 1998 Supp. 25-4501; K.S.A. 25-4508; Kan. Const., Art. 2, section 24.

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

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.

Book Attorney General Opinion No  1999 016

Download or read book Attorney General Opinion No 1999 016 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: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.

Book Attorney General Opinion No  1999 048

Download or read book Attorney General Opinion No 1999 048 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: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.

Book Attorney General Opinion No  1999 050

Download or read book Attorney General Opinion No 1999 050 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: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.

Book Attorney General Opinion No  1999 061

Download or read book Attorney General Opinion No 1999 061 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: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.

Book Attorney General Opinion No  1996 028

Download or read book Attorney General Opinion No 1996 028 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. 9-1402(d) authorizes a Kansas bank to secure public funds deposited therein by depositing, maintaining, pledging and assigning certain securities for the benefit of the municipal corporation or quasi-municipal corporation, or by causing its agent, trustee or an affiliate having identical ownership to deposit, maintain, pledge and assign such securities. Eligible securities owned by a wholly-owned subsidiary of the bank may be deposited, maintained, pledged and assigned to secure deposits of public funds on behalf of the parent bank if the subsidiary is the agent of the depository bank or is an affiliate bank having identical ownership. Such pledged securities may not be deposited for safekeeping in any bank which is owned directly or indirectly by any parent corporation of the depository bank, or with any bank having common controlling shareholders, common majority of the board of directors or common controlling directors with the bank securing such deposits. Cited herein: K.S.A. 1995 Supp. 9-1402; 9-1405.

Book Attorney General Opinion No  1999 016

Download or read book Attorney General Opinion No 1999 016 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: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.

Book Attorney General Opinion No  1999 010

Download or read book Attorney General Opinion No 1999 010 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: The provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.