Attorney General Opinion No. 1987-032 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 79-1103 e̲t̲ s̲e̲q̲., there is no exemption from personal property taxation upon the tangible personal property of a bank. In its capacity as receiver of a failed bank, the FDIC is liable for whatever taxes are due and owing by the failed bank. Cited herein: K.S.A. 9-1901 e̲t̲ s̲e̲q̲.; 60-1301 e̲t̲ s̲e̲q̲.; 79-101; 79-301; 79-304; 79-1103; 79-1105a; 79-1107.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 79-1103 e̲t̲ s̲e̲q̲., there is no exemption from personal property taxation upon the tangible personal property of a bank. In its capacity as receiver of a failed bank, the FDIC is liable for whatever taxes are due and owing by the failed bank. Cited herein: K.S.A. 9-1901 e̲t̲ s̲e̲q̲.; 60-1301 e̲t̲ s̲e̲q̲.; 79-101; 79-301; 79-304; 79-1103; 79-1105a; 79-1107.
Author: Robert T. Stephan
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Languages : en
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The land surveyors' licensing statute, K.S.A. 1987 Supp. 74-2044, is constitutional as a valid exercise of the police powers of the state. The exemption from examination found in subsection (b) of this statute is within the discretion of the governing body and evidences an attempt to not unduly burden engineers currently practicing land surveying under their engineering license. In addition, unless mandated by statute, the Board of Technical Professions, as the administrative agency, is under no obligation to provide notice of statutory changes to those affected by the legislation. Cited herein: K.S.A. 1987 Supp. 74-7022, K.S.A. 74-7034 (Ensley 1985), Kan. Const., Art. 2, sections 18.
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. 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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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
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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The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Author: Robert T. Stephan
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Languages : en
Pages :
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Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Author: Robert T. Stephan
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Languages : en
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District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.
