Attorney General Opinion No. 1987-029 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The length of time that a driver's license is suspended pursuant to a DUI conviction is subject, to some degree, to judicial discretion. Since in exercising that discretion the court may rely on a presentence investigation, and such may delay sentencing, the suspension does not become effective until the order of suspension is made by the court. If it were otherwise, the duration of the suspension would in effect be shortened because the driver, though convicted, is free to drive until the court imposes such sanctions. In addition, a person should be declared a habitual violator when that person has been convicted of specified offenses three times in a five-year period. The date of sentencing, or the date the division of motor vehicles receives notice of the sentencing for the third offense, is not the relevant time for determining whether a person is a habitual violator under the provisions of the statute. Cited herein: K.S.A. 1986 Supp. 8-285; 8-1567; 21-4604; K.S.A. 22-3424.
Author: Robert T. Stephan
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Languages : en
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The length of time that a driver's license is suspended pursuant to a DUI conviction is subject, to some degree, to judicial discretion. Since in exercising that discretion the court may rely on a presentence investigation, and such may delay sentencing, the suspension does not become effective until the order of suspension is made by the court. If it were otherwise, the duration of the suspension would in effect be shortened because the driver, though convicted, is free to drive until the court imposes such sanctions. In addition, a person should be declared a habitual violator when that person has been convicted of specified offenses three times in a five-year period. The date of sentencing, or the date the division of motor vehicles receives notice of the sentencing for the third offense, is not the relevant time for determining whether a person is a habitual violator under the provisions of the statute. Cited herein: K.S.A. 1986 Supp. 8-285; 8-1567; 21-4604; K.S.A. 22-3424.
Author: Robert T. Stephan
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Languages : en
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The terms "employer," "employee" and "employ" are construed broadly under the Fair Labor Standards Act. The United States Department of Labor's determination that an individual is an employee of both the City of Norwich and the Kingman County Sheriff's Office is reasonable under the circumstances and should be observed. Cited herein: 29 U.S.C. sections 203, 207, 213; 29 C.F.R. sections 553.9, 553.200, 791.2.
Author: Robert T. Stephan
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Languages : en
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The definition of the term "dealer," as found in K.S.A. 1987 Supp. 79-5201 (taxation of marijuana and controlled substances), does not create a presumption that one in possession of more than 28 grams of marijuana in a conveyance is "using or intends to use" that conveyance "to transport or facilitate the transportation for the purpose of sale or receipt", of that marijuana as it applies to forfeiture of conveyances pursuant to the Uniform Controlled Substances Act. Cited herein: K.S.A. 1987 Supp. 65-4135; 79-5201.
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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Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 29-301 requires adjacent landowners to share the costs of erecting and maintaining partition fences. Kansas' adoption of a "fence-in" policy with respect to domestic animal trespass does not negate this duty, notwithstanding the use each landowner makes of his land. Cited herein: K.S.A. 29-101; 29-102; 29-108; 29-201; 29-301; 29-304; 29-305; 29-309; 47-104; 47-120; 47-121; K.S.A. Ensley 1981 47-101 to 47-103; 47-105; 47-106; 47-107 to 47-110; 47-112 to 47-119; 47-301; G.S. 1868, ch. 40, section 1.
Author: Robert T. Stephan
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Languages : en
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Although university police officers are considered law enforcement officers for many purposes, they are not included in the definition of law enforcement officers found in K.S.A. 1986 Supp. 59-2902(f). Therefore, they possess no law enforcement powers for purposes of taking mentally ill persons into custody without a warrant pursuant to Article 29, Care and Treatment for Mentally Ill Persons. Cited herein: K.S.A. 1986 Supp. 22-2202; 22-2401a; 59-2902; 59-2908; K.S.A. 76-726.
Author: Robert T. Stephan
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Languages : en
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Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.
