Attorney General Opinion No. 1982-139 PDF Download
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Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-711 authorizes the district court to appoint an attorney to serve as county attorney when the county attorney and his or her deputy have a conflict of interests and are unable to represent the county. Cited herein: K.S.A. 19-711.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-711 authorizes the district court to appoint an attorney to serve as county attorney when the county attorney and his or her deputy have a conflict of interests and are unable to represent the county. Cited herein: K.S.A. 19-711.
Author: Robert T. Stephan
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Languages : en
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Pursuant to the Professional Corporation Law of Kansas, K.S.A. 17-2706 e̲t̲ s̲e̲q̲., and the Real Estate Brokers' License Act, K.S.A. 58-3001 e̲t̲ s̲e̲q̲., only individuals may engage in the activities of licensed real estate salesmen, and a corporation may not be formed for the purpose of offering such services.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1982 Supp. 22-3801 provides that court costs, which may include witness fees, taxed against a convicted defendant in a criminal action are an enforceable judgment against the defendant. When a defendant is unable to pay witness fees and mileage, the county is obligated by K.S.A. 1982 Supp. 28-125(d) and 28-150 to pay the witness fees. After paying witnesses their statutory fees and mileage, the county may execute upon the judgment against the defendant. Cited herein: K.S.A. 1982 Supp. 22-3801, K.S.A. 22-3803, K.S.A. 1982 Supp. 28-125, K.S.A. 28-150, K.S.A. 1982 Supp. 28-172a.
Author: Curt Thomas Schneider
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Languages : en
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A fee of $2.00 should be assessed under K.S.A. 1977 Supp. 28-115 for the recording of a partial release.
Author: Robert T. Stephan
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Languages : en
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As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.
Author: Robert T. Stephan
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Languages : en
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A private citizen serving as the consumer representative on an institutional review board supervising research projects involving human beings is an employee within the meaning of the Kansas Tort Claims Act. Such person is not rendering professional services so as to be excepted from the Act by the terms of K.S.A. 1980 Supp. 75-6115, and such person is entitled to the defenses provided in the Act, (see K.S.A. 1980 Supp. 75-6104), legal representation, (see K.S.A. 1980 Supp. 75-6108), and indemnification (see K.S.A. 1980 Supp. 75-6109). Cited herein: K.S.A. 1980 Supp. 40-3401, 75-6102, 75-6103, 75-6104, 75-6108, 75-6109, 75-6111, and 75-6115, 21 CFR sections 56.101-124, 45 CFR sections 46.101-110, 45 Fed. Reg. 77384 (Nov. 21, 1980).
Author: Robert T. Stephan
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Languages : en
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It is within the discretion of the court to grant probation or to suspend the sentence for a second or subsequent conviction of driving while intoxicated. Cited herein: K.S.A. 8-262(a) and K.S.A. 1979 Supp. 8-1657, 21-4603(2)(d), 21-4618(1) and 21-3101.
Author: Robert T. Stephan
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Languages : en
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A contract which determines the custody of a child is void as against public policy. Cited herein: K.S.A. 23-128, 23-129, 23-130.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.
