Attorney General Opinion No. 1993-147 PDF Download

Author: Robert T. Stephan
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Languages : en
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Cities may exercise police power to enact non-conflicting ordinary ordinances to deal with health, safety and welfare issues under the Kansas club and drinking establishment act. Because that act is uniform, however, cities may not enact conflicting charter ordinances. By contrast, cities may not adopt police power ordinances under the liquor control act, but may enact charter ordinances, whether or not conflicting, to deal with issues falling under the liquor control act. Cited herein: K.S.A. 41-208; 41-301; 41-301; K.S.A. 1992 Supp. 41-719; 41-2605; K.S.A. 41-2631; K.S.A. 1992 Supp. 41-2637; 41-2641; 41-2642; 41-2649; L. 1987, ch. 182; L. 1949, ch. 242; Kan. Const., art. 12, sec. 5.

Author: Robert T. Stephan
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Languages : en
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Author: Robert T. Stephan
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Languages : en
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The incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.

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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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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Upon being taken into custody for commission of an act which would be a misdemeanor or felony if committed by an adult, a juvenile may be detained for booking up to six hours in a jail or adult lock-up if there is sight and sound separation from adult prisoners. A juvenile taken into custody for commission of a traffic offense or violation of wildlife and parks statutes may be so detained as well. Cited herein: K.S.A. 8-2117; K.S.A. 1991 Supp. 32-1040; 38-1602; 38-1691; 42 U.S.C. 5633; 28 C.F.R. 31.301; 31-304.

Author: Robert T. Stephan
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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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As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1992 Supp. 22-2307(b)(1), a law enforcement officer who has probable cause to believe that a crime has been committed in a domestic violence situation must arrest the perpetrator and the provisions of K.S.A. 22-2401 which make an arrest discretionary do not apply in a domestic violence situation. Cited herein: K.S.A. 1992 Supp. 22-2307, K.S.A. 22-2401.

Author: Robert T. Stephan
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Languages : en
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To satisfy the mandatory imprisonment requirements imposed by K.S.A. 8-1567, the individual must be in custody. Providing private security guards in a hospital setting is not sufficient in and of itself to meet this requirement, however, constant surveillance by law enforcement officials in a jail is not required either. The determining factor is the intent of the court and law enforcement officials to retain custody and control of the prisoner. Cited herein: K.S.A. 8-1567; 8-1450; 12-4113; K.S.A. 1992 Supp. 21-3110; 22-2202; K.S.A. 65-4003.