Attorney General Opinion No. 1988-060 PDF Download

Author: Robert T. Stephan
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Languages : en
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Banks for cooperatives are not so closely connected to the federal government to entitle them to constitutional immunity from state taxation, nor are they exempt from payment of mortgage registration tax by virtue of 12 U.S.C.A. section 2134 (West Supp. 1988). Language in Attorney General Opinion No. 87-190 indicating a contrary conclusion for production credit associations is hereby withdrawn. Cited herein: K.S.A. 79-3101; K.S.A. 1987 Supp. 79-3102; 12 U.S.C.A. sections 2002, 2013, 2023, 2031, 2055, 2077, 2091, 2121, 2130, 2134 (West Supp. 1988); Pub. L. No. 99-205, 99 Stat. 1678 (1985); Pub. L. No. 100-233, 101 Stat. 1568 (1988).

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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A withholding order issued pursuant to K.S.A. 23-4,105 e̲t̲ s̲e̲q̲. affecting an obligor state official or employee should be served on the director of accounts and reports and not on the Attorney General. Cited herein: K.S.A. 1987 Supp. 23-4,105; 23-4,106; 23-4,107; 60-304; K.S.A. 60-723.

Author: Robert T. Stephan
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Languages : en
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The willful neglect of duty or misconduct by a member of a governing body in authorizing improper expenditures from a restricted fund may constitute grounds for ouster pursuant to K.S.A. 60-1205. Such neglect of duty or misconduct may also be grounds for recall under the provisions of K.S.A. 1987 Supp. 25-4302. Cited herein: K.S.A. 12-1617i; K.S.A. 1987 Supp. 25-4302; K.S.A. 60-1205; Kan. Const., Art. 11, section 5.

Author: Robert T. Stephan
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Languages : en
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.

Author: Robert T. Stephan
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Languages : en
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While there is no express provision in the Kansas Constitution that prohibits the legislature from appointing its members to administrative boards or commissions, the separation of powers doctrine prohibits the legislature from usurping the powers of another governmental branch. In view of the case law history of this doctrine and the facts with which we have been presented, we cannot conclusively say that legislative membership on the emergency medical services board is unconstitutional under the separation of powers doctrine. Cited herein: K.S.A. 65-4316; 74-2127; Kan. Const., Art. 2, section 14; 1988 House Bill No. 2639.

Author: Robert T. Stephan
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Languages : en
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In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.

Author: Robert T. Stephan
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Languages : en
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A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.

Author: Robert T. Stephan
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Languages : en
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In chronological order, the following must occur before a court may authorize placement in a secure facility pursuant to L. 1988, Ch. 138, section 8(e): 1) The child must have run from a court ordered or designated placement at least twice; 2) the child must be adjudicated as a child in need of care for having so run; 3) the court must enter an order directing the child to remain in a specified placement, following the procedures set forth in L. 1988, Ch. 138, section 8(a); 4) the child must violate this order; 5) upon the filing of an application pursuant to L. 1988, Ch. 138, section 8(b), a hearing on the violation must be held and the court must make the determinations required in L. 1988, Ch. 138, 58(e). A subsection 8(e) court order authorizing placement in a secure facility expires 60 days after it is issued. The court may grant two extensions of such authorization, up to 60 days each, upon rehearing pursuant to K.S.A. 38-1564. The secure placement authorized by L. 1988, Ch. 138, section 8(e) may not be in an adult jail except when a juvenile detention facility located therein, in quarters separated by sight and sound from adult prisoners, is used to hold the child for not more than 24 hours, including time spent therein pursuant to subsections 8(c) and (d). Cited herein: K.S.A. 1987 Supp. 38-1502, K.S.A. 38-1527, 38-1528, 38-1542, 38-1543, all as amended by L. 1988, Ch. 138; K.S.A. 38-1556; 38-1563; and L. 1988, Ch. 138, section 8.