Author: Robert T. Stephan
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Languages : en
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A person holding the office of sheriff has charge and custody of the county jail and all prisoners confined therein (K.S.A. 19-811), and is required to keep a calendar (roster) containing, in̲t̲̲e̲r̲ a̲l̲i̲a̲, the names of all persons who are committed, the cause of their commitment and the authority that committed them (K.S.A. 19-1904). Where a city police officer commits a prisoner to the county jail, the sheriff may require the officer to complete a form which provides information necessary to maintain a jail calendar. Cited herein: K.S.A. 19-811, 19-1904, K.S.A. 1985 Supp. 19-1930.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 8-1517 prohibits passing another vehicle on the right where the movement involves driving off of the roadway and on to the shoulder. Based upon the information presented for our review, the statute would seem to prohibit southbound vehicles from passing on the right where K-113 is intersected by Farm Bureau Road on the east. Cited herein: K.S.A. 8-1459; 8-1517; 8-2003.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 8-1008 creates an alcohol and drug safety action fund for each court which enforces the provisions of K.S.A. 1985 Supp. 8-1567 or a municipal ordinance patterned after the statute. In the case of the municipal court of the City of Wichita, the fund is administered by the administrative judge. Insofar as the court itself has been designated as a community-based alcohol and drug safety action program by the administrative judge of the Eighteenth Judicial District [pursuant to K.S.A. 1985 Supp. 8-1008(b)], money from the fund may be expended by the court for personnel, equipment and facilities necessary to carrying out the provisions of this statute. In the absence of such designation by the administrative judge of the judicial district, the municipal court would be limited to the ten percent expenditure limit included in subsection (e) of the statute, as noted in Attorney General Opinion No. 85-68. Cited herein: K.S.A. 1985 Supp. 8-1008, 8-1567.
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: Robert T. Stephan
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Languages : en
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K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.
Author: Robert T. Stephan
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Languages : en
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 8-116a provides for the assignment of a new VIN to vehicles that have been assembled or restored, or upon which the proper identification number is in doubt. The vehicle is checked for stolen parts; if none are found, a new VIN is assigned and the vehicle returned to its owner in accordance with the procedure outlined. If there is evidence of fraud, the vehicle must be seized and disposed of as mandated by K.S.A. 1985 Supp. 8-116 and K.S.A. 22-2512. However, the forfeiture provisions of K.S.A. 1985 Supp. 8-116 and K.S.A. 22-2512 do not authorize an e̲x̲ p̲a̲r̲t̲e̲ destruction or sale of private property without some compliance with due process requirements of notice and an opportunity to be heard. For this reason, the disposition of vehicles under K.S.A 1985 Supp. 8-116 must be determined in an in̲ r̲e̲m̲ proceeding filed by the state. Cited herein: K.S.A. 1985 Supp. 8-116; 8-116a; K.S.A. 22-2512; 74-2135.
Author: Robert T. Stephan
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Languages : en
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Pursuant to Article 14, Section 1 of the Kansas Constitution, the legislature submitted a constitutional amendment to a vote of the electors of Kansas by means of a concurrent resolution passed by both houses. The constitutional amendment passed and requires that classification be implemented on January 1, 1989. Regardless of the interrelationship between the ongoing reappraisal process and the implementation date of the classification scheme, there is no legal basis to delay the classification amendment date. Cited herein: K.S.A. 1986 Supp. 79-1476; L. 1985, ch. 364; Kansas Constitution, Art. 14, section 1.
Author: Robert T. Stephan
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Languages : en
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Article 2, Section 8 of the Kansas Constitution provides a specific means by which the regular session in an even-numbered year may be extended, i.̲e̲.̲ "by an affirmative vote of two-thirds of the members elected to each house." In our opinion, extending the session in any other manner would be unconstitutional, and therefore any legislative action taken after the close of the regular session would be subject to attack as being invalid. A valid resolution to extend the regular session which limits the subject matter to be considered in the extended session would be ineffective for all practical purposes. Cited herein: Kan. Const., Art. 2, section 8.
