Attorney General Opinion No. 1996-032 PDF Download

Author: Carla J. Stovall
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Languages : en
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The Kansas dental board does not possess express or implied authority to alter the number of members required to constitute a quorum thereby altering the requirements of the Kansas open meetings act. Cited herein: K.S.A. 65-1421; 74-1404; 74-1406; 75-4317; K.S.A. 1995 Supp. 75-4317a; Kan. Const., art. 12, section 5.

Author: Carla J. Stovall
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Languages : en
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Because K.S.A. 1996 Supp. 79-2101 is nonuniform and the suggested changes would not trigger any of the other limitations imposed by K.S.A. 1996 Supp. 19-101a, Ellis County may enact a charter resolution containing deadlines different from those stated in the statute. Cited herein: K.S.A. 1996 Supp. 19-101a; 79-2017; 79-2101; L. 1977, ch. 109, sections 39, 40; L. 1979, ch. 312, sections 4, 5; L. 1980, ch. 308, sections 5, 6; L. 1984, ch. 147, sections 20, 21; L. 1985, ch. 319, sections 1, 2; L. 1990, ch. 349, sections 1, 2.

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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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

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: Carla J. Stovall
Publisher:
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Languages : en
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The prevention of soil erosion caused by wind is governed primarily by K.S.A. 2-2001 et seq. which places the duty to prevent erosion on the landowner and the duty to enforce the statutes, on public and private land, on the board of county commissioners in each county. The authority to prevent soil erosion is also provided to conservation districts created pursuant to K.S.A. 2-1901 et seq.; however, that authority extends only over public lands as it affects the land use practices under their jurisdiction. A conservation district does not have the authority to prevent soil erosion on private land without the landowner's consent. Cited herein: K.S.A. 2-1901; 2-1902; K.S.A. 1995 Supp. 2-1907; K.S.A. 2-1908; 2-1914; 2-2001; 2-2002; 2-2003; 2-2004; 2-2005; 2-2006; 2-2007; 2-2008; 32-807; 32-827; 76-425d; 82a-928.

Author: Carla J. Stovall
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Category :
Languages : en
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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
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Category :
Languages : en
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A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.

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

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Licensed medical practitioners and a licensed hospital may organize as a limited liability company pursuant to K.S.A. 17-760l et seq. Consistent with K.S.A. 17-7604 (q) and Kansas case law, the limited liability company may contract with other medical practitioners to provide health care services. Cited herein: K.S.A. 17-2708; 17-2710; 17-7602; 17-7603; 17-7604;17-7620; 17-7631; K.S.A. 1995 Supp. 40-3401; 65-425; K.S.A. 65-429; 65-442; 65-2801.

Author: Robert T. Stephan
Publisher:
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Languages : en
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K.S.A. 24-401 e̲t̲ s̲e̲q̲. authorize a drainage district, organized pursuant to the act, to prohibit or limit discharges into a drainage ditch that prevent its maintenance. The drainage district is authorized by statute to maintain suits to enforce the reasonable orders of its directors and thus includes the ability to seek an injunction to this effect thus obviating the need for 1990 House Bill No. 2623. Cited herein: K.S.A. 24-401 e̲t̲ s̲e̲q̲.; 24-407; 24-429; 24-434.