Attorney General Opinion No. 1987-028 PDF Download

Author: Robert T. Stephan
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Languages : en
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K.S.A. 29-301 requires adjacent landowners to share the costs of erecting and maintaining partition fences. Kansas' adoption of a "fence-in" policy with respect to domestic animal trespass does not negate this duty, notwithstanding the use each landowner makes of his land. Cited herein: K.S.A. 29-101; 29-102; 29-108; 29-201; 29-301; 29-304; 29-305; 29-309; 47-104; 47-120; 47-121; K.S.A. Ensley 1981 47-101 to 47-103; 47-105; 47-106; 47-107 to 47-110; 47-112 to 47-119; 47-301; G.S. 1868, ch. 40, section 1.

Author: Curt Thomas Schneider
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Languages : en
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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.

Author: Robert T. Stephan
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Languages : en
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The Crime Victims Reparations Board is required to record proceedings in the event of a disputed claim, and such record of proceedings is available for inspection upon the request of any citizen. However, unless information retained by the Board regarding a claimant is included in such a record of proceedings, the Board is not required to make such information available for public inspection. Cited herein: K.S.A. 74-7307, K.S.A. 1980 Supp. 45-201.

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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K.S.A. 65-4041(A) does not require the county attorney who represented the applicant in the initial filing to continue that representation after a change of venue has been granted. However, K.S.A. 65-4041 and 65-4053 allow the district court to which venue has been changed to tax the costs of the proceeding to the county of residence. Cited herein: K.S.A. 1987 Supp. 19-702; 19-703; K.S.A. 22-2616; K.S.A. 1987 Supp. 59-2912; K.S.A. 60-609; 61-1907; 65-4031; 65-4032; 65-4034; 65-4036; 65-4041; 65-4053.

Author: Robert T. Stephan
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Languages : en
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The legislature may, even in the absence of any finding of imprudence, mismanagement, or lack of efficiency, permit the State Corporation Commission to phase-in the reasonable value of public utility property, where said property is found to represent excess capacity. Further, carrying and finance costs associated with public utility property representing excess capacity may be excluded from the rate base, without regard to any determination of whether the decision to construct the property was prudent. Cited herein: K.S.A. 66-128, 1984 House Bill No. 2927.

Author: Robert T. Stephan
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Languages : en
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Under the Kansas statutes the term "physician" means a person licensed to practice medicine and surgery unless it is defined otherwise. S̲e̲e̲, e̲.̲g̲.̲, K.S.A 65-2869. In addition, when "physician" is used in conjunction with another word, the health care provider is deemed to be one licensed to practice medicine and surgery. S̲e̲e̲ 65-2870; 65-2897a. Chiropractors are specifically prohibited by statute from practicing medicine and surgery. K.S.A. 65-2871. Thus, the term "chiropractic physician" is misleading to the public as it implies that a chiropractor is licensed to practice beyond the scope of the statutory definition of chiropractic. Therefore, it is our opinion that doctors of chiropractic cannot use the term "chiropractic physician." Cited herein: K.S.A. 1986 Supp. 8-1001; 17-2707; K.S.A. 40-2101; 40-3103; 44-508; K.S.A. 1986 Supp. 59-2902; K.S.A. 60-427; 65-1,114; 65-448; 65-5a01; 65-6b01; 65-2401; 65-2801; 65-2802; 65-2803; 65-2869; 65-2870; 65-2871; 65-2892; 65-2892a; 65-2893; 65-28,102; 65-2897a; 65-2901; 65-3209; K.S.A. 1986 Supp. 65-4003; K.S.A. 65-4202; 65-4301; K.S.A. 1986 Supp. 65-5501; K.S.A. 72-5208; 74-4916; K.A.R. 28-34-1.

Author: Robert T. Stephan
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Languages : en
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The primary responsibility for transporting a prisoner to court in a civil case under a writ of a̲d̲ t̲e̲s̲t̲i̲f̲i̲c̲a̲n̲d̲u̲m̲ lies with the custodian. In the absence of statutory or judicial direction, there is no authority to cause third parties who are neither custodians nor parties to the litigation to bear the costs of transporting a prisoner. Cited herein: K.S.A. 19-812; 60-1503; 75-5201; 28 U.S.C. sections 2241 and 2243.

Author: Robert T. Stephan
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Languages : en
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Where a filing otherwise complies with the requirements of K.S.A. 61-2701 e̲t̲ s̲e̲q̲., the board of county commissioners may authorize representation of the county in small claims proceedings by a full-time salaried employee other than the county attorney. Cited herein: K.S.A. 19-101; 19-212; 19-701; 61-2701; K.S.A. 1989 Supp. 61-2703; 61-2704; 61-2707; K.S.A. 77-201.

Author: Robert T. Stephan
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Languages : en
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When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.