Attorney General Opinion No. 1995-051 PDF Download

Author: Carla J. Stovall
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Languages : en
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An administrative law judge employed by the division of workers compensation of the department of human resources is not prohibited by statute from also serving part time as judge of a municipal court, as long as the individual serving in both capacities devotes full time to the duties of administrative law judge. Cited herein: Kan. Const., Art. 3, section 13; K.S.A. 12-4104; K.S.A. 1994 Supp. 12-4106; 75-5708.

Author: Carla J. Stovall
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Languages : en
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Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.

Author: Carla J. Stovall
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Languages : en
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The secretary of health and environment has statutory authority to adopt a regulation which prohibits the keeping of certain mammals as pets and prohibits the removal of musk glands of skunks for the purpose of attempting to domesticate the mammal. Cited herein: K.S.A. 47-816; 47-817; 65-101; K.S.A. 1995 Supp. 77-415; K.A.R. 28-1-14.

Author: Carla J. Stovall
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Languages : en
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K.S.A. 12-6a06 contains two requirements for a successful protest to a city-initiated improvement. The protest must be signed by at least 51% of the resident owners of record in the improvement district, and the protest must also contain the signatures of the owners of record (resident or nonresident) of more than half of the area in the improvement district. Cited herein: K.S.A. 12-6a01; 12-6a04; 12-6a06.

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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While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.

Author: Carla J. Stovall
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Languages : en
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The filing officer should, upon receipt of a financing statement which fails to provide a social security number or federal employer identification number of the debtor, accept the filing and index the financing statement as required by state statute. Cited herein: K.S.A. 84-1-102; 84-9-101; K.S.A. 1994 Supp. 84-9-401; 84-9-402, as amended by L. 1995, ch. 11, sec. 1; 84-9-403; 84-9-407; K.S.A. 84-9-413; L. 1993, ch. 96, section 1; U.C.C. section 1-102; section 9-402.

Author: Carla J. Stovall
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Languages : en
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The policy of unified school district no. 458 establishing classifications for assessing fees for use of school facilities is subject to the rational basis test of the equal protection clause, and will not be set aside if any state of facts reasonably may be conceived to justify it. While in our opinion the policy of unified school district no. 458 does not on its face violate the equal protection clause of the fourteenth amendment to the United States constitution or section 1 of the bill of rights of the Kansas constitution, a violation could occur depending on actual application of the policy. Cited herein: K.S.A. 72-8212; Kan. Const., bill of rights, section 1; U.S. Const., amend. 14, section 1.

Author: Carla J. Stovall
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Languages : en
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The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.

Author: Carla J. Stovall
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Languages : en
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The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.