Attorney General Opinion No. 1987-129 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1987-129 PDF full book. Access full book title Attorney General Opinion No. 1987-129 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1986 Supp. 8-2503(e) restricts the enforcement of the Kansas Safety Belt Use Act only in those situations where a law enforcement officer "effects an enforcement stop." Therefore, a person involved in a vehicular accident may be cited for failure to use a safety belt (if that person was not wearing one at the time of the accident) even if such person is not cited for any other violation. Cited herein: K.S.A. 1986 Supp. 8-2501 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 8-2503(e).
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1986 Supp. 8-2503(e) restricts the enforcement of the Kansas Safety Belt Use Act only in those situations where a law enforcement officer "effects an enforcement stop." Therefore, a person involved in a vehicular accident may be cited for failure to use a safety belt (if that person was not wearing one at the time of the accident) even if such person is not cited for any other violation. Cited herein: K.S.A. 1986 Supp. 8-2501 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 8-2503(e).
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A withholding order issued pursuant to K.S.A. 23-4,105 e̲t̲ s̲e̲q̲. affecting an obligor state official or employee should be served on the director of accounts and reports and not on the Attorney General. Cited herein: K.S.A. 1987 Supp. 23-4,105; 23-4,106; 23-4,107; 60-304; K.S.A. 60-723.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
While the Kansas Supreme Court has not specifically precluded the use of criminal sanctions to enforce the eight-hour work day regulations found at K.S.A. 44-201 e̲t̲ s̲e̲q̲., it has precluded that option for purposes of enforcing the wage rate provisions of the act. The court has indicated a preference for civil, as opposed to criminal, methods of enforcement for the eight-hour work day provisions as well. If it is a public official who is in violation of K.S.A. 44-201 e̲t̲ s̲e̲q̲., an action in mandamus may be brought to enforce the act's provisions, though only by reference of the attorney general or county attorney, or by any citizen with a specific interest or right distinct from that of the general public. If a contractor is violating the statutes, a laborer might be able to enforce those statutes through mandatory injunction or a suit on the contract as third party beneficiary. The Kansas Department of Human Resources has no jurisdiction to adjudicate wage claims based on violations of K.S.A. 44-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-201; 44-202; 44-203; 44-204; 44-205; 75-6101; 75-6104.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.
