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Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The review of a petition by the county or district attorney conducted prior to circulation of the petition should be directed toward the form, rather than the content, of the question the petitioners seek to bring to an election. The opinion of the county or district attorney required under K.S.A. 25-3601 should address whether the question petitioners seek to bring to an election is in the form of a question, appears as it should upon the ballot, and includes the language set forth in K.S.A. 25-620. A rebuttable presumption as to these aspects of the question will attach upon approval of the question by the county or district attorney. The entity to which the petition is directed retains the authority to determine whether the question set forth in the petition is misleading or ambiguous. Cited herein: K.S.A. 10-101; 10-120; K.S.A. 1995 Supp. 12-1927; K.S.A. 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sections 2, 3; L. 1976, ch. 190, section 1.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The review of a petition by the county or district attorney conducted prior to circulation of the petition should be directed toward the form, rather than the content, of the question the petitioners seek to bring to an election. The opinion of the county or district attorney required under K.S.A. 25-3601 should address whether the question petitioners seek to bring to an election is in the form of a question, appears as it should upon the ballot, and includes the language set forth in K.S.A. 25-620. A rebuttable presumption as to these aspects of the question will attach upon approval of the question by the county or district attorney. The entity to which the petition is directed retains the authority to determine whether the question set forth in the petition is misleading or ambiguous. Cited herein: K.S.A. 10-101; 10-120; K.S.A. 1995 Supp. 12-1927; K.S.A. 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sections 2, 3; L. 1976, ch. 190, section 1.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A city may not exempt itself by charter ordinance from the motor vehicle registration statutes or the safety equipment statutes because those statutory enactments apply uniformly to all cities. Cited herein: K.S.A. 1996 Supp. 8-126, as amended by L. 1997, Ch. 119, section 1; K.S.A. 8-127; K.S.A. 1996 Supp. 8-128, as amended by L. 1997, Ch. 119, section 2; 8-142; K.S.A. 8-1701; 8-2001; K.S.A. 1996 Supp. 8-2204; Kan. Const., Art. 12, section 5.
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages :
Book Description
Proposed Rule 18, being considered for adoption by the Joint Committee on Special Claims against the State, regulating the compensation paid by claimants to attorneys and other persons representing such claimants before the Committee, goes beyond the authority of the Committee to adopt rules governing its own procedures. Any such regulatory authority must be exercised by valid and constitutional legislative enactment rather than by committee rules which govern only the parliamentary and procedural conduct of business before the Committee.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 75-4319(a)(1) and (2) require that the motion to go into an executive session contain a statement concerning the subject and the justification for the executive session. In our opinion the justification statement should be more than a reiteration of the subject. The KOMA does not require the justification statement to be so detailed that it negates the usefulness of an executive session. However, K.S.A. 75-4319(a)(2) requires a justification statement to be contained in the motion and it is our opinion that this statement should explain why an executive session is necessary or desirable. Such a motion gives the public assurances that the executive session is permissible and in the public interest, and may remind the members of the public body of the limitations upon and purpose served by the executive session discussion. Cited herein: K.S.A. 75-4319.
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: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.
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
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Curt Thomas Schneider
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Virginia. Office of the Attorney General