Attorney General Opinion No. 1996-034 PDF Download

Author: Carla J. Stovall
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Languages : en
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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
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Languages : en
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A city of the second class may designate a state or national bank or trust company located outside said city, but within a county in which all or part of such city is located, as an official depository of its funds.

Author: Robert T. Stephan
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Languages : en
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An officer or agent of a duly incorporated humane society may take into custody any animal which clearly shows evidence of cruelty. K.S.A. 21-4311. The humane society may not, however, retain custody of the animal where the owner is not prosecuted or convicted of any violation of K.S.A. 21-4310 (cruelty to animals). Cited herein: K.S.A. 21-4310, 21-4311; U.S. Const., 14th Amendment.

Author: Carla J. Stovall
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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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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: Robert T. Stephan
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Languages : en
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Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.

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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Languages : en
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K.S.A. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges' telephone records do not become public records merely because the telephone system is maintained by another branch of government. Cited herein: K.S.A. 1995 Supp. 45-217; 75-4709.

Author: Robert T. Stephan
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Languages : en
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The quantity discount prohibition of K.A.R. 14-14-11 constitutes a regulation imposed on the alcoholic beverage industry by the state itself and is therefore not subject to federal antitrust laws. Cited herein: K.S.A. 1988 Supp. 41-210; K.S.A. 41-211; K.S.A. 1988 Supp. 41-702; 41-703; 41-729; 41-1101; K.A.R. 14-14-11 (Jan. 7, 1988); 15 U.S.C. sections 1, 13.

Author: Robert T. Stephan
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Languages : en
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A law enforcement officer acting within the scope of employment who arrests the "primary aggressor" pursuant to a written agency policy regarding domestic violence calls adopted pursuant to K.S.A. 1991 Supp. 22-2307 is not liable for damages resulting from the enforcement of such policy. In addition, the administrative judge may appoint law enforcement officers as process servers for purposes of serving protection from abuse documents. The plaintiff in a protection from abuse case may be considered an agent of the clerk for purposes of delivering appropriate documents to an appointed process server. Cited herein: K.S.A. 21-3721; K.S.A. 1991 Supp. 22-2307; 22-2308; 60 - 303; 60-3101; 60-3104; 60-3105; 60-3106; 60-3107.