Attorney General Opinion No. 1993-003 PDF Download

Author: Robert T. Stephan
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Languages : en
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A city is authorized to construct a medical office building as an addition to its hospital pursuant to K.S.A. 13-14b01 et seq. Alternatively, a medical office building is a "public building" pursuant to K.S.A. 12-1736. Cited herein: K.S.A. 12-1736; 13-14b01; 13-14b15; 13-14b08; K.S.A. 1991 Supp. 77-201.

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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Category :
Languages : en
Pages :

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The second proviso of section 12 of chapter 292 of the session laws of 1993 is an unconstitutional delegation of authority to the judiciary and, consequently, the appropriation amount remains in the general fund until the legislature convenes and a new appropriations statute is enacted. Furthermore, the state of Kansas is only responsible for paying the costs and expenses associated with post-conviction non-prison sanctions for felony offenders in an amount not to exceed the appropriation amount of $375,000 for fiscal year 1994. Cited herein: K.S.A. 20-348; K.S.A. 1992 Supp. 21-4502; K.S.A. 21-4603b; K.S.A. 75-5291; L. 1992, Ch. 239, secs. 238, 300; L. 1993, Ch. 292, sec. 12; Kan. Const., Art. 2, sec. 24; Art. 3, sec. 1.

Author: Robert T. Stephan
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Languages : en
Pages :

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Court records of public judicial proceedings are exempt from the definition of criminal history record information under K.S.A. 1992 Supp. 22-4701(b)(3). The sentencing information and guilty or not guilty findings are part of the court records and therefore open to the public, unless there is other statutory restriction available to close them. Cited herein: K.S.A. 1992 Supp. 21-4605; 22-4701; K.S.A. 22-4705; 22-4712 (repealed, L. 1981, ch. 158, sec. 3); K.S.A. 1992 Supp. 38-1507; 38-1607, as amended by L. 1993, ch. 164, sec. 1; K.S.A. 45-215; K.S.A. 1992 Supp. 59-2122; K.S.A. 65-4608.

Author: Robert T. Stephan
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Category :
Languages : en
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The sex offender registration act does not apply to juveniles who have been adjudged juvenile offenders pursuant to the juvenile offender code. However, if a juvenile is prosecuted as an adult and the prosecution results in a conviction for a sexually violent offense, the juvenile shall be required to register under the act. Cited herein: K.S.A. 1993 Supp. 22-4901, 22-4902, 22-4904, 22-4906, as amended by L. 1994, ch. 107, sections 1, 2, 3, 5; 22-4907; K.S.A. 38-1601, 38-1602, as amended by L. 1994, ch. 270, 282, 337.

Author: Robert T. Stephan
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Languages : en
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Article 15, section 15 of the Kansas constitution, the victims' rights amendment, does not exclude municipalities or municipal court proceedings from operation of its provisions. Cited herein: K.S.A. 74-7333; 74-7335; Kan. Const., art. 15, sec. 15.

Author: Robert T. Stephan
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Languages : en
Pages :

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The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.

Author: Robert T. Stephan
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Category :
Languages : en
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The restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.

Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).

Author: Robert T. Stephan
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Languages : en
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Persons engaged in residency training, as defined by K.S.A. 1992 Supp. 40-3401(r), are entitled to coverage under the Kansas tort claims act for claims which arise from their service to indigent health care clinics, as defined by K.S.A. 1992 Supp. 75-6102(h), as amended, if they are employees of the clinic or if they have entered into the appropriate agreement pursuant to K.S.A. 1992 Supp. 75-6102(f), as amended, and are deemed employees of the state pursuant to K.S.A. 1992 Supp. 75-6120. Cited herein: K.S.A. 1992 Supp. 40-3401; K.S.A. 65-2809, as amended by 1993 S.B. No. 14, sec. 1; 65-4921; K.S.A. 1992 Supp. 75-6102, as amended by 1993 S.B. No. 14, sec. 2; 75-6115, as amended by 1993 S.B. No. 14, sec. 3; 75-6120.