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Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
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: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
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: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
The administrative handling cost paid by the issuer of a worthless check under K.S.A. 1997 Supp. 21-3707 should be deposited in a trust fund separate from the county general fund. Money in the trust fund should be used to defray the expenses of the county attorney in collecting on worthless checks or for the normal operating expenses of the county attorney's office. Expenditures from the trust fund should be debited against the trust fund. Cited herein: K.S.A. 1997 Supp. 21-3707; L. 1996, Ch. 203, section 1.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exemptions listed in K.S.A. 1996 Supp. 45-221 or other applicable law. K.S.A. 1996 Supp. 45-221(a)(4) allows closure of some records concerning public employees. Under this exception, personnel/employment records identifiable to an individual public employee may be closed, except that names, positions, salaries and lengths of service of public employees are required to be disclosed. Home addresses of public employees may be closed pursuant to K.S.A. 1996 Supp. 45-221(a)(4). Alternatively, a public employee's home address is "information of a personal nature," the public disclosure of which could constitute a clearly unwarranted invasion of personal privacy, thus allowing closure under K.S.A. 1996 Supp. 45-221(a)(30). To the extent their conclusions conflict with those stated herein, Attorney General Opinions No. 89-106 and 90-136 are hereby withdrawn. Cited herein: K.S.A. 45-216; K.S.A. 45-220; K.S.A. 1996 Supp. 45-221, as amended by 1997 H.B. 2105; K.S.A. 21-3914.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The use of public funds to finance the Kansas and Missouri metropolitan culture district is for a valid public purpose and payment of those funds to a private entity will not defeat that purpose. Furthermore, because the district is a political subdivision of both the states of Kansas and Missouri, public funds appropriated by Kansas counties that are part of the district may be used to fund cultural activities and organizations within the district even if the activity occurs in a Missouri county that is part of the district. The proposed ballot language substantially conforms to the requirements of the compact and the fact that all of the federal and private contributions to the district may not be forthcoming in the amounts represented in the ballot will not vitiate the election unless the representations on the ballot are misleading. The act requires that a county that adopts a resolution make certain findings and that the resolution that contains those findings be printed on the election notice and the ballot. The Kansas and Missouri metropolitan culture district compact act (act) is identical to the compact enacted by the Missouri legislature. The county-wide retailers' sales tax shall expire upon the date of withdrawal of a county from the district, if and when the compact becomes null and void, or upon the collection of $118,000,000, whichever event occurs first. Finally, any contractual obligations incurred by the commission prior to the effective date of a repealing statute must be paid before the compact becomes null and void. Cited herein: K.S.A. 1995 Supp. 12-2536, 12-2539; Kan. Const., art. 2, secs. 21, 30.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Under the Kansas City, Kansas/Wyandotte County consolidation plan submitted January 13, 1997, the members elected to the Unified Board of Commissioners are considered county commissioners for the purpose of Section 2 of Article 4 of the Kansas Constitution. Should the plan for consolidation be approved by the electorate, neither the plan nor any other law would require members of the Unified Board of Commissioners to be residents of the area served by the Unified Board of Commissioners. The locally elected boards of education for unified school districts located within the area served by the Unified Board of Commissioners remain governmental entities separate and distinct from the consolidated city-county. Any consolidation of unified school districts located in the area served by the Unified Board of Commissioners must follow the procedure set forth in K.S.A. 72-8701 et seq. Each entity comprising the consolidated government would remain solely responsible for any bond debt it had incurred prior to consolidation. The 30% debt limit established in K.S.A. 1996 Supp. 12-345 for the consolidated government includes all previous bonded indebtedness of the two separate entities comprising the consolidated government. Cited herein: K.S.A. 10-113; 10-118; K.S.A. 1996 Supp. 12-340; 12-342; 12-343; 12-345; K.S.A. 19-202; 19-212; 72-6732; 72-8701; 79-5037; Kan. Const., art. 4, section 2; Kan. Const., art. 6, section 5; G.S. 1899, ch. 25, art. 2, section 19; L. 1901, ch. 424, sections 1, 2.
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: American Bar Association. House of Delegates
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Virginia. Office of the Attorney General
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall