Attorney General Opinion No. 1986-014 PDF Download

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 8-1008 creates an alcohol and drug safety action fund for each court which enforces the provisions of K.S.A. 1985 Supp. 8-1567 or a municipal ordinance patterned after the statute. In the case of the municipal court of the City of Wichita, the fund is administered by the administrative judge. Insofar as the court itself has been designated as a community-based alcohol and drug safety action program by the administrative judge of the Eighteenth Judicial District [pursuant to K.S.A. 1985 Supp. 8-1008(b)], money from the fund may be expended by the court for personnel, equipment and facilities necessary to carrying out the provisions of this statute. In the absence of such designation by the administrative judge of the judicial district, the municipal court would be limited to the ten percent expenditure limit included in subsection (e) of the statute, as noted in Attorney General Opinion No. 85-68. Cited herein: K.S.A. 1985 Supp. 8-1008, 8-1567.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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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.

Author: Robert T. Stephan
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Languages : en
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Kansas is one of 21 states that currently requires affirmation and price posting by all suppliers of liquor who sell their products to distributors (wholesalers) in the state. Price posting is a requirement that each supplier notify Alcoholic Beverage Control of the price to be charged for each item to be sold in the state. Affirmation is a sworn statement that the prices as posted are at the same level as the lowest prices offered to wholesalers in any other state. The statement also serves as an agreement not to discriminate among Kansas distributors in terms of prices or other services. On June 3, 1986, the United States Supreme Court held that New York's price affirmation laws were unconstitutional because they placed a substantial burden on interstate commerce. In that the price affirmation laws of Kansas and New York are virtually identical, it is our opinion that Kansas affirmation laws relating to pricing in any other state is unconstitutional. Furthermore, enforcement of this interstate affirmation should cease immediately. The Supreme Court's decision did not address intrastate affirmation or posting. It is our opinion that intrastate affirmation and intrastate posting should continue to be enforced. This will ensure that no discrimination among Kansas wholesalers will occur. Cited herein: K.S.A. 1985 Supp. 41-1101; K.S.A. 41-1111; 41-1112; K.A.R. 14-4-7; K.A.R. 14-4-11 (1985).

Author: Robert T. Stephan
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Languages : en
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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.

Author: Virginia. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 620

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Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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K.S.A. 1986 Supp. 19-805(d) states that any personnel action taken by the sheriff shall be subject to the budget for the financing of the operation of the sheriff's office as approved by the board of county commissioners. Additionally, county commissioner statutes vest the authority and responsibility for the control of county expenditures in the board of county commissioners. In light of these statutory provisions, a board of county commissioners is authorized to restrict the sheriff from transferring monies from one line item to another even if the sheriff does not exceed the total budget appropriated to the sheriff's department for the year. Cited herein: K.S.A. 19-212; 19-229; K.S.A. 1986 Supp. 19-805(d).

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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The Uniform Vital Statistics Act neither prohibits nor authorizes the transfer of certain data by the office of vital statistics to the Department of Revenue. The Secretary of the Department of Health and Environment may promulgate regulations, subject to the provisions of the act, authorizing release of such information. Cited herein: K.S.A. 65-2401 e̲t̲ s̲e̲q̲., 65-2402, 65-2422.

Author: Robert T. Stephan
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Languages : en
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A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.