Attorney General Opinion No. 1999-032 PDF Download

Author: Carla J. Stovall
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Languages : en
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The grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow the Greenwood County Commissioner an opportunity to prepare a statement in justification of his conduct in office. The veracity of the allegations contained in the recall petition is to be determined by the electorate, not the county attorney. Cited herein: K.S.A. 25-4302; 25-4320; Kan. Const., Art. 4,3.

Author: Carla J. Stovall
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Languages : en
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By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.

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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A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.

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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Amendments contained in L. 1998, Ch. 131 allowing expungement of arrest and diversion records should be applied retroactively. Cited here: K.S.A. 1998 Supp. 21-4619; 22-2410.

Author: Carla J. Stovall
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Languages : en
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The provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.

Author: Carla J. Stovall
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Languages : en
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A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.

Author: Carla J. Stovall
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Languages : en
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Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.

Author: Carla J. Stovall
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Languages : en
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Absent a protest petition and referendum, a charter ordinance is effective sixty days after its final publication regardless whether a certified copy is filed with the Secretary of State. Cited herein: K.S.A. 15-201; Kan. Const., Art. 12, section 15.