Attorney General Opinion No. 1988-103 PDF Download

Author: Robert T. Stephan
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Languages : en
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Under the provisions of subsection (d) of K.S.A. 25-3602, any person who has signed a petition who desires to withdraw his name may do so by giving written notice to the county election officer or other designated official not later than the third day following the date upon which the petition is filed. In our opinion, the written notice of withdrawal is subject to the verification requirement imposed by subsection (c) of K.S.A. 25-3602. Cited herein: K.S.A. 25-3601; 25-3602.

Author: Robert T. Stephan
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Languages : en
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Registers of deeds are generally empowered to charge the fees authorized by K.S.A. 1988 Supp. 28-115 to any entity for which the listed services are provided. The county and other governmental entities are not exempt from such fees except where specifically provided by the statute. Cited herein: K.S.A. 1988 Supp. 28-103; K.S.A. 28-104; K.S.A. 1988 Supp. 28-115.

Author: Robert T. Stephan
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Languages : en
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1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.

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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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 Article 12, section 5 of the Kansas Constitution and K.S.A. 1987 Supp. 19-101a, Kansas cities and counties may use home rule power to issue general obligation bonds. The proceeds from sale of those bonds may be used to finance what the legislative body rationally believes would promote a valid public purpose. In specific instances, such purposes may include encouraging, assisting and promoting private economic development. Cited herein: Kansas Constitution, Article 12, section 5; K.S.A. 1987 Supp. 10-101 e̲t̲ s̲e̲q̲.; K.S.A. 10-201; K.S.A. 1987 Supp. 10-427; 12-1257; K.S.A. 12-1302; 12-1740; 12-3801; K.S.A. 1987 Supp. 19-101a; K.S.A. 19-101c; 19-103; 19-2801; 19-1596; 19-4101.

Author: Robert T. Stephan
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Languages : en
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42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.

Author: Robert T. Stephan
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Languages : en
Pages : 0

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The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.

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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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.