Download or read book Attorney General Opinion No 2007 009 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The City of Lawrence proposed Ordinance No. B, establishing a domestic partnership registry, does not conflict with nor is it preempted by Article 15, Section 16 of the Kansas Constitution or statutes establishing the marital relationship. However, to the extent that the registry is available to individuals who do not reside in the City of Lawrence, the ordinance extends beyond the purview of the city's local affairs and, as such, may be found to violate the Home Rule Amendment to the Kansas Constitution. Cited herein: K.S.A. 2006 Supp. 23-101; K.S.A. 23-102; 60-1601; Kan. Const., Art. 12, section 5, Art. 15, section 16.

Download or read book Attorney General Opinion No 2009 003 written by Steve Six and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A recreation commission jointly created by a city and school district has the statutorily granted contract authority to enter into an interlocal agreement with a private organization for the provision of recreational programming with or without the city or school district's participation. The recreation commission must maintain a degree of oversight that reserves ultimate authority for programming, and other operational decisions in order to provide accountability. A city participating in a joint recreation commission may not enter into any other interlocal agreement for the provision of recreational services with either a public or private entity. Cited herein: K.S.A. 12-1922; 12-1924; K.S.A. 2007 Supp. 12-1928; K.S.A. 12-1929; 19-2901; K.S.A. 2007 Supp. 19-2903; 19-2904; 72-8205; Kansas Constitution Art. 2, section 21; Art. 6, section 5; Art. 12, section 5.

Download or read book Attorney General Opinion No 2007 008 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts uniformly find constitutional fault with blanket policies providing for strip searches of all prisoners detained or arrested for violation of statutes, resolutions or ordinances involving only traffic, regulatory or nonviolent misdemeanor offenses. K.S.A. 22-2521(a) codifies this case law. However, pursuant to K.S.A. 22-2524(b), strip searches may be conducted absent reasonable suspicion or probable cause when a person accused of even this type of crime is, out of strict necessity, confined in a general jail population while awaiting appearance before a magistrate judge. This provision has not been struck down as unconstitutional. However, because courts often impose a strict burden of proof when such searches are conducted, we caution against adoption of any blanket policy providing for such searches in all cases and urge every jailer to adopt policies that insure adequate justification is present in each specific situation. Cited herein: U.S. Const., Amend. IV; K.S.A. 22-2521; 22-2522; 22-2524.

Download or read book Attorney General Opinion No 1994 009 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: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.

Download or read book Attorney General Opinion written by Steve Six and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A contractual provision, which would require appointed counsel to raise the issue of payment of the BIDS application fee at sentencing, does not conflict with the restriction in K.S.A. 22-4520 that prohibits BIDS from making any decision regarding the handling of any case or interfering with appointed counsel in carrying out their professional duties. Cited herein: K.S.A. 22-4520; 22-4529.

Download or read book Attorney General Opinion No 1999 021 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: While a court could choose to uphold the definition of partial birth abortion found in 2000 Substitute for House Bill No. 2581 by ruling that it cannot be applied in any situation involving a D & E procedure, we believe it is more likely the court would find that the term "partial birth abortion" is defined in the Bill in such general terms, and the exception for D & E defined so narrowly, that some versions of the D & E procedure are included within its prohibition thus rendering it a substantial obstacle and unconstitutional because it applies to all stages of pregnancy, rather than just post-viability. Cited herein: K.S.A. 1999 Supp. 65-6721; 2000 Sub. for HB 2581.

Download or read book Attorney General Opinion No 2014 009 written by Derek Schmidt and published by . This book was released on 2014 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Synopsis: The use of a flashlight or spotlight by a law enforcement officer at an intersection from a public vantage point to see if the occupants of a motor vehicle are wearing seatbelts is not a search and does not violate the Fourth Amendment. Roadway checkpoints may be constitutional if they serve a purpose other than detecting evidence of ordinary criminal wrongdoing. If a checkpoint serves an acceptable purpose, its constitutionality depends on how it is conducted. Cited herein: K.S.A. 8-2501; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.

Download or read book Attorney General Opinion No 1993 009 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.

Download or read book Attorney General Opinion written by Phill Kline and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because law enforcement officers will often have heightened concerns about privacy due to safety and work considerations, in most instances identifying information such as photographs, home address, home telephone number and identity of family members of an officer may be lawfully closed pursuant to K.S.A. 2005 Supp. 45-221(a)(30). K.S.A. 2005 Supp. 45-221(a)(4) may also allow a public agency to close such identifying information of a public law enforcement officer who is an employee of the agency. The exception to this general rule would arise if a determination is made that the officer in question has somehow consented to the release or waived a claim of privacy, or that the general public interest served by releasing such information somehow outweighs the personal privacy rights of the individual. Cited herein: KS. A. 45-215; 45-216; K.S.A. 2005 Supp. 45-217; K.S.A. 45-218; K.S.A. 2005 Supp. 45-221.

Download or read book Attorney General Opinion No 2007 027 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory provisions prohibiting the Commission on Judicial Performance and elected judges from disclosing data from surveys evaluating elected judges' judicial performance violates the First Amendment to the United States Constitution because the purported justifications of: (1) promoting fairness in the use of public funds to evaluate judicial candidates in partisan elections; (2) preventing a violation of K.S.A. 25-4169a; and (3) preventing judicial candidates from using the evaluations in a misleading manner, do not serve a compelling state interest or are not narrowly tailored to serve those interests. Cited herein: K.S.A. 2006 Supp. 20-367; K.S.A. 20-2901; 20-2908; K.S.A. 2006 Supp. 20-2909; K.S.A. 20-2911; 20-2912; K.S.A. 2006 Supp. 20-3005; 20-3006; 20-3203; 20-3204; 20-3205; 20-3207; K.S.A. 25-101; 25-111; 25-4169a; Kan. Const., Art. 3, section 5, Art. 3, section 6; U.S. Const., Amend. I, Amend. XIV.

Download or read book Attorney General Opinion No 2019 009 written by Derek Schmidt and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A proposed process for the disposition of a dead human body that includes cryogenically freezing the body, applying vibration to shatter the frozen body into particles, and freeze-drying the particles does not meet the definition of "cremation" set out in statute and regulations. Cited herein: K.S.A. 65-1760 and regulations adopted thereunder."

Download or read book Attorney General Opinion No 2020 009 written by Derek Schmidt and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basis for determining the number of write-in votes required for a person's name to appear on the general election ballot is the total of the current voter registration designated in the state, county or district in which the office is sought. Cited herein: K.S.A. 2019 Supp. 25-205; 25-213; 25- 3301.

Download or read book Attorney General Opinion No 2007 026 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Municipal courts have subject matter jurisdiction to hear certain ordinance violations that could be prosecuted as felony crimes in district court. Convictions under such ordinances will be misdemeanor convictions - not felony convictions. Moreover, a municipal court has jurisdiction in third and subsequent driving under the influence (DUI) violations where: (1) the ordinance violation occurred on or after July 1, 2006; and (2) the city has enacted an ordinance subsequent to July 1, 2007 giving its municipal court jurisdiction over third and subsequent DUI ordinance violations. Cited herein: K.S.A. 2006 Supp. 8-1567, as amended by L. 2007, Ch. 168, section 2 and L. 2007, Ch. 181, section 9; K.S.A. 12-4101; 12-4104, as amended by L. 2007, Ch. 168, section 3; 21-3105; K.S.A. 2006 Supp. 21-3412a, 21-3701, 21-3707; K.S.A. 22-2601, 65-4162.

Download or read book Attorney General Opinion written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 2006 Supp. 21-4201 (criminal use of weapons) and K.S.A. 2006 Supp. 75-7c01 et seq. (Personal & Family Protection Act) do not exempt a licensed hunter who may be authorized to carry a concealed firearm from complying with K.S.A. 32-1003(a)(7) which prohibits spotlighting wildlife while in possession of a pistol and K.A.R. 115-4-4 which limits big game hunting equipment. We offer no opinion whether the Law Enforcement Officers Safety Act of 2004 would provide a viable defense to a violation of K.S.A. 32-1003(a)(7) and K.A.R. 115-4-4. Cited herein: K.S.A. 2006 Supp. 21-4201; K.S.A. 32-807; 32-1003; K.S.A. 2006 Supp. 32-1031; 32-1032; 75-7c01; 75-7c10, as amended by L. 2007, Ch. 166, section 5; 75-7c11, as amended by L. 2007, Ch. 166, section 6; 75-7c17, as amended by L. 2007, Ch. 166, section 7; K.A.R. 115-4-4; 18 U.S.C. sections 926B, 926C.

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 1992 084 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: A city police officer is not entitled to a witness fee for appearing in district court on behalf of the state when the district court is in a city other than the one where the officer is employed, but still within the same county. To the extent it conflicts with the principles stated herein, Attorney General Opinion No. 75-266 is withdrawn. Cited herein: K.S.A. 28-126.

Download or read book Attorney General Opinion No 2007 041 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gun Control Act of 1968 does not preempt K.S.A. 2006 Supp. 21-4201 and, therefore, federally licensed firearms dealers must abide by the prohibitions on possessing automatic weapons and silencers unless an exception applies. Cited herein: K.S.A. 2006 Supp. 21-4201; 18 U.S.C. section 921; 18 U.S.C. section 922; 18 U.S.C. section 923; 18 U.S.C. section 927; 27 C.F.R. section 478.58; U.S. Const., Art. VI, Cl. 2.