Attorney General Opinion No. 1997-061 PDF Download

Author: Carla J. Stovall
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Languages : en
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If property is sold at a tax foreclosure sale for more than the judgment lien and its share of the costs of the proceedings and sale, the excess proceeds shall be paid to the "owner or party entitled thereto" as determined by the court. If, however, such owner or party cannot be located, the court should retain the excess proceeds for a period of one year after which the proceeds should be transferred to the State as abandoned property. Cited herein: K.S.A. 58-3934; 58-3946; K.S.A. 1996 Supp. 58-3950; 58-3952; 58-3953; 58-3956; 58-3957; 79-2801; K.S.A. 79-2803; 79-2805.

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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Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.

Author: Carla J. Stovall
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Languages : en
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Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.

Author: Carla J. Stovall
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Languages : en
Pages :

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Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.

Author: Carla J. Stovall
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Languages : en
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In the absence of statutory authority, the residents of a city of the first class have no authority to dissolve as a corporate body that city. Cited herein: K.S.A. 15-111; Kan. Const., art. 12, section 5.

Author: Carla J. Stovall
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Languages : en
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K.S.A. 1996 Supp. 12-340 et seq. do not constitute an unlawful delegation of legislative authority because these statutes contain sufficient guidelines and parameters within which the delegated authority is to be exercised. Cited herein: K.S.A. 1996 Supp. 12-340; 12-342; 12-343; 12-344; 12-345; 12-346; Kan. Const., Art. 1, section 6; Art. 2, sections 1, 17, 21, 30; Art. 9, section 1; Art. 12, section 5.

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

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The Kansas Health Insurance Association is a governmental entity in that it is created by statute (K.S.A. 1996 Supp. 40-2119, as amended by L. 1997, Ch. 98, sections 1-4), serves a governmental function of providing insurance coverage to individuals who are in an uninsurable high risk pool, and exercises its power (to create and implement a plan to provide insurance coverage) under the significant control of the Commissioner of Insurance. Thus, the members of the Board of Directors of the Kansas Health Insurance Association are covered by the Kansas Tort Claims Act. Cited herein: K.S.A. 12-2624; 40-252, as amended by L. 1997, Ch. 175, section 3; 40-2117; K.S.A. 1996 Supp. 40-2119, as amended by L. 1997, Ch. 190, section 8; K.S.A. 40-2120; K.S.A. 1996 Supp. 40-2122, as amended by L. 1997, Ch. 190, section10; K.S.A. 40-3213; 75-6101; K.S.A. 1996 Supp. 75- 6102, as amended by L. 1997, Ch. 156, section 91; 75-6104, as amended by L. 1997, Ch. 156, section 92; 42 U.S.C.A. sections 300gg-61 to 300gg-63.

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

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A city may provide financial assistance to a social service agency that subscribes to certain religious tenets as long as the use of such funds conforms with the public purpose doctrine and the funds are not used to secure or maintain a place where any form of religious worship is conducted or where any religious doctrine is taught. Cited herein: Kan. Const., Bill of Rights, section 7; U.S. Const., Amendment I.

Author: Carla J. Stovall
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Languages : en
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Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.