Attorney General Opinion No. 1979-296 PDF Download
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Author: Robert T. Stephan
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The disposition of original court records is governed by Supreme Court Rule No. 108, Relating to District Courts, as provided by K.S.A. 1978 Supp. 20-160. The procedures established therein are exclusive, and must be complied with before district court documents may be destroyed.
Author: Robert T. Stephan
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The disposition of original court records is governed by Supreme Court Rule No. 108, Relating to District Courts, as provided by K.S.A. 1978 Supp. 20-160. The procedures established therein are exclusive, and must be complied with before district court documents may be destroyed.
Author: Robert T. Stephan
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Languages : en
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As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.
Author: Robert T. Stephan
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The general public should have access to information contained in jail calendars which is not by law specifically declared confidential.
Author: Robert T. Stephan
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The identity of a client is not generally a "privileged communication" so as to be within the attorney-client privilege, as that privilege is set forth in K.S.A. 60-426. When required to do so under the state governmental ethics law, pursuant to the provisions of K.S.A. 1978 Supp. 46-229 and K.S.A. 1978 Supp. 46-248 (as amended by L. 1979, ch. 164, section 2), an attorney must disclose the name of a client in a "statement of substantial interests."
Author: Robert T. Stephan
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The Secretary of Human Resources may remove hazardous materials and chemicals from schools and private businesses where such conditions or products could reasonably be expected to cause death or serious physical harm immediately or before such danger can be eliminated through the enforcement provisions otherwise provided by law.
Author: Robert T. Stephan
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Representation by a "duly authorized representative" as used in K.A.R. 48-4-3 does not permit persons to perform functions on behalf of claimants that constitute the practice of law.
Author: Robert T. Stephan
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A municipal judge in a city of the second or third class is not required by statute to be a lawyer.
Author: Robert T. Stephan
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K.S.A. 1978 Supp. 44-714(f) requires that information compiled in the course of administering the Employment Security Law is confidential and may not be disclosed in any manner which would reveal the identity of an individual claimant or employing unit, except that disclosure is authorized to the extent necessary for the presentation of a claim, or to public employees if such information is necessary to the performance of official duties. K.A.R. 50-4-1 also attempts to govern by regulation the disclosure of such information, and to the extent that it extends or restricts the circumstances where disclosure would be permissible, it is inconsistent with the statute and is void as a matter of law.
Author: Robert T. Stephan
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A microfiche reader which is not activated by a machine-readable instrument in a bank customer's possession and control, and which must be operated by an employee or agent of the bank, is not a constituent part of an electronic information processing device contemplated by K.S.A. 1978 Supp. 9-1111, and is not authorized by law to be used in connection with a bank's remote service unit.
Author: Robert T. Stephan
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The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.
