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 1978 027 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 validity of 1978 Senate Concurrent Resolution No. 1640, which purports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, conditional upon the failure of three fourths of the states to ratify the proposed equal rights amendment, may be determined only by the United States Congress, when and if three fourths of the states have passed resolutions ratifying said amendment.
Download or read book Attorney General Opinion No 1981 027 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
Download or read book Attorney General Opinion No 1976 027 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1975 Supp. 65-442(b) affords no basis whatever for an assured legal conclusion that members of grievance and peer review committees of either local or state professional associations of health-care providers are immune from liability for the performance of the duties of such committees.
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 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.
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 2009 001 written by Steve Six and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The act ceding jurisdiction to the United States for Fort Riley retained the authority to tax "the property of citizens, not otherwise exempt" from taxation. The term "citizen" is not defined and must be construed within the context of the ceding and taxation statutes. Exemptions to taxation are established by the legislature and narrowly applied. The burden of proving an exemption is upon the entity seeking the exemption. Absent a specific exemption, the property of a limited liability company operating within Fort Riley is subject to taxation based upon the ceding language. A county may offer an opinion concerning tax exemptions, but it is not binding. Cited herein: K.S.A. 19-101a; 27-104; 27-105; K.S.A 2007 Supp. 77-201, Second; K.S.A. 79-101; K.S.A. 2007 Supp. 79-201; 79-213 as amended by L. 2008, Ch. 109, section 74 and Ch. 182, section 17; 79-251; 79-2005, as amended by L. 2008, Ch. 109, section 103; L. 1875, Ch. 66, section 1; L. 1889, Ch. 150, section 1; General Statutes (1889) Ch. 23; Ch. 74, section 14; Ch. 104, section 1; Ch. 107, section 1; Kansas Constitution, Art. 11, sections 1, 13;10 U.S.C. sections 2871; 2878.
Download or read book Opinions of the Attorney General of Ohio written by Ohio. Attorney General's Office and published by . This book was released on 2016 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 No 2007 005 written by Paul J. Morrison and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of all of the legislative and judicial activity in this arena over the past ten years, it is our opinion that a court would now find the residency requirements for corporations seeking micro-brewery licenses to be unconstitutional, in violation of the dormant Commerce Clause. Accordingly, contrary conclusions expressed in Attorney General Opinion No. 95-57 are hereby withdrawn. Cited herein: K.S.A. 2005 Supp. 41-311; 41-311b; 41-313; 41-319; L. 2001, Ch. 55.
Download or read book Attorney General Opinion No 1985 014 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States government has exclusive jurisdiction over crimes committed on Fort Leavenworth property, which may be exercised in investigating child abuse pursuant to 18 U.S.C. section 13. Local governmental officials may enter into an agreement with it authorizing concurrent jurisdiction in matters of police protection. Cited herein: K.S.A. 12-2904; 27-101; 27-102; 27-104; 18 U.S.C. section 13.
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: As the operation of the initiative and referendum process at K.S.A. 12-3013 is restricted to measures which are clearly legislative and not principally administrative, a proposed ordinance banning a casino gambling facility in the City of Mulvane and prohibiting the extension of city services to a casino located in Sumner County is not a proper subject for such process. Moreover, the initiative and referendum process is not available for a proposed ordinance that attempts to exempt the City of Mulvane from the Kansas Expanded Lottery Act. Cited herein: K.S.A. 12-808; 12-111; 12-3013; L. 2007, Ch. 110, sections 1, 3, 5, 6, 16; Kan. Const., Art. 12, section 5; U.S. Const., Art 1, section 10.
Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General Opinion written by Phill Kline and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Acting pursuant to K.S.A. 19-3701 et seq., K.S.A. 65-159, and K.S.A. 82a-1201 et seq., both the Kansas Department of Health and Environment and Lyon County have authority to adopt regulations or codes that require the plugging of abandoned water wells, insofar as such regulations or codes are designed and used to protect the health and safety of the general public. County or state health regulations that require an unsanitary water well to be plugged in order to protect public health are not an inappropriate, unauthorized, or illegal taking of a water right. Cited herein: K.S.A. 2-1915; 19-2816; 19-3701; 19-3702; 19-3704; 19-3705; 42-121; 42-701; 65-159; 65-210; 68-907; 74-2609; 82a-701; 82a-718; 82a-1201; 82a-1205; 82a-1213; 82a-1313; K.A.R. 28-30-2; 28-30-7; U.S. Const., Amend. XIV.
Download or read book Attorney General Opinion No 1974 273 written by Vern Miller and published by . This book was released on 1974 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: "You inquire concerning your responsibility to publish opinions of the commission. Specifically, you ask whether publication must be made in the official state paper. You inquire, alterna- tively, whether the word "publish" as used in this section means merely that you must maintain a file of all such opinions which shall be open to public inspection."
