Attorney General Opinion No. 1996-013 PDF Download

Author: Carla J. Stovall
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Languages : en
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A victim impact statement which is part of the presentence investigation report and is prepared by either a victim or a victim advocate on behalf of a victim does not violate K.S.A. 21-3815 because it does not constitute an attempt to improperly influence a judge. Cited herein: K.S.A. 21-3815, 21-4604, 21-4714; 22-3424; K.S.A. 1995 Supp. 74-7333; Kan. Const., art. 15, section 15.

Author: California. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 392

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Author: Carla J. Stovall
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Languages : en
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K.S.A. 13-2903 which disqualifies a blood relative of a city commissioner from holding a city office during the commissioner's term of office is applicable to a city of the first class which utilizes a commission-city manager form of government. Furthermore, a city police officer holds a city office and, therefore, the son of a city commissioner is disqualified from being appointed as a police officer during his father's term of office. Cited herein: K.S.A. 12-1010; 12-1011; 12-1014; 12-1017; 13-2903.

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: Carla J. Stovall
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Category :
Languages : en
Pages :

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A unified school district may permit pupils of the school district to utilize the district's transportation services in order to arrive at a religious facility in which the pupils will attend catechism classes if such transportation occurs along the regular transportation routes designated by the unified school district, as required by state statute, and the same service is available for pupils seeking transportation to other religious or nonreligious facilities. The latter is required because a governmental preference of one religion over other religions or nonreligion is not permitted under the Establishment Clause of the First Amendment of the United States Constitution. Cited herein: K.S.A. 72-8302, as amended by L. 1996, ch. 141, section 3; 72-8303; 72-8305; U.S. Const., Amend. I; U.S. Const., Amend. XIV; 20 U.S.C. section 1400.

Author: Robert T. Stephan
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Languages : en
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Law enforcement authorities are not required to obtain fingerprints from a person who is given a notice to appear for a municipal ordinance violation which would be the equivalent of a class A or B misdemeanor under state law. However, at that person's first court appearance or at some point before final disposition of the matter, it is the court's responsibility to ensure that fingerprints have been secured. Cited herein: K.S.A. 12-4113; K.S.A. 1993 Supp. 21-2501.

Author: Robert T. Stephan
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Languages : en
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District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

Author: Carla J. Stovall
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Languages : en
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.

Author: Robert T. Stephan
Publisher:
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Category :
Languages : en
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K.S.A. 1985 Supp. 75-4218 provides that all state bank accounts shall be secured by a pledge of securities owned by each bank receiving a deposit. The term "securities" is defined by K.S.A. 75-4201(p)(1) to include direct obligations of, or obligations that are insured by, the United States government or one of its agencies. By virtue of 12 U.S.C. 52001 e̲t̲ s̲e̲q̲., federal land banks, land bank associations, production credit associations, intermediate credit banks and banks for cooperatives are "federally chartered instrumentalities". This term has been interpreted by courts in Kansas and elsewhere as not raising them to the level of federal agencies. Accordingly, under K.S.A. 75-4201 as it now reads, obligations of these federally chartered instrumentalities may not be pledged to secure the deposit of state funds in Kansas banks. However, due to a 1983 amendment to K.S.A. 1984 Supp. 19-1402, such obligations may be used as security for the deposit of m̲u̲n̲i̲c̲i̲p̲a̲l̲ funds. Cited herein: K.S.A. 1985 Supp. 9-1402; K.S.A. 75-4201; K.S.A. 1985 Supp 75-4218; L. 1983, ch. 47, section 3; 12 U.S.C. sections 2011, 2012, 2031, 2033, 2071, 2072, 2091, 2093, 2121, 2122, 2155, 2157.

Author: Carla J. Stovall
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Category :
Languages : en
Pages :

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K.S.A. 75-4318 requires that actual notice of regular and special meetings subject to the Kansas open meetings act (KOMA) be individually provided to those persons requesting such notice. If there is no intent to subvert the KOMA, a meeting subject to that act may be adjourned, recessed or continued to another date, time or place. In our opinion, the notice requirements and intent of the KOMA are violated by giving notice that a meeting will begin on one day and then subsequently continuing that meeting to another day without making a good faith attempt to provide notice of the new date, time and place to those requesting notice. Cited herein: K.S.A. 12-510b; 12-520a; 12-641; 12-749; 12-756; 12-1772; 13-1410; 14-111; 15-106; 15-123; 19-2646; 19-27,186; 75-4317; K.S.A. 1995 Supp. 75-4317a; K.S.A. 75-4318; 75-4319.