Attorney General Opinion No. 1979-290 PDF Download

Author: Robert T. Stephan
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Languages : en
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The identity of a client is not generally a "privileged communication" so as to be within the attorney-client privilege, as that privilege is set forth in K.S.A. 60-426. When required to do so under the state governmental ethics law, pursuant to the provisions of K.S.A. 1978 Supp. 46-229 and K.S.A. 1978 Supp. 46-248 (as amended by L. 1979, ch. 164, section 2), an attorney must disclose the name of a client in a "statement of substantial interests."

Author: Robert T. Stephan
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Languages : en
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The district court proceeding under K.S.A. 1978 Supp. 8-290(b), requiring an habitual violator of traffic laws to show cause why the court should not restrict, suspend or revoke such person's driving privileges, is civil in nature. As such, a district magistrate judge has proper jurisdiction of the action. Since the privilege of operating a motor vehicle on the highways of this state is not a substantial right to be constitutionally protected by due process of law guarantees, and absent any statutory or case law to the contrary, a person summoned to appear at a hearing held pursuant to K.S.A. 1978 Supp. 8-290(b) does not have a right to court-appointed counsel.

Author: Robert T. Stephan
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Languages : en
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The general public should have access to information contained in jail calendars which is not by law specifically declared confidential.

Author: Robert T. Stephan
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Languages : en
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As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.

Author: Robert T. Stephan
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Languages : en
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Pursuant to a municipal ordinance requiring consent of the city council for the appointment of a city attorney, the decision of the council to withhold such consent does not, itself, constitute willful misconduct within the meaning of K.S.A. 60-1205.

Author: Robert T. Stephan
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Languages : en
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A municipal judge in a city of the second or third class is not required by statute to be a lawyer.

Author: Robert T. Stephan
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Languages : en
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The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.

Author: Robert T. Stephan
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Languages : en
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Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.

Author: Robert T. Stephan
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Languages : en
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The Secretary of Human Resources may remove hazardous materials and chemicals from schools and private businesses where such conditions or products could reasonably be expected to cause death or serious physical harm immediately or before such danger can be eliminated through the enforcement provisions otherwise provided by law.

Author: Robert T. Stephan
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Languages : en
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A city of the second class may designate a state or national bank or trust company located outside said city, but within a county in which all or part of such city is located, as an official depository of its funds.