Attorney General Opinion No. 1987-156 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Special education services for gifted students must be provided at public expense. "Services" include transportation to and from educational classes and activities. Therefore, the parents or guardians of a gifted student cannot be required to pay any of the costs incurred in providing the special education program specified in the gifted student's individualized education program (IEP). Cited herein: K.S.A. 72-962; 72-966; 72-967; K.S.A. 72-968, as amended by L. 1987, ch. 269, section 1; K.A.R. 1986 Supp. 91-12-22; K.A.R. 91-12-23; 91-12-41; K.A.R. 91-12-50; 20 U.S.C. section 1401; section 1412.
Author: Robert T. Stephan
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Languages : en
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Special education services for gifted students must be provided at public expense. "Services" include transportation to and from educational classes and activities. Therefore, the parents or guardians of a gifted student cannot be required to pay any of the costs incurred in providing the special education program specified in the gifted student's individualized education program (IEP). Cited herein: K.S.A. 72-962; 72-966; 72-967; K.S.A. 72-968, as amended by L. 1987, ch. 269, section 1; K.A.R. 1986 Supp. 91-12-22; K.A.R. 91-12-23; 91-12-41; K.A.R. 91-12-50; 20 U.S.C. section 1401; section 1412.
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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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
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Languages : en
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The act relating to insurance, concerning captive insurance companies and the regulation of certain title insurance rates, does not violate the provisions of the Kansas Constitution regarding the effective date of a bill, the single-subject requirement, or uniformity of application. Cited herein: K.S.A. 1987 Supp. 40-252; K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.A.R. 1987 Supp. 40-1-9; L. 1988, ch. 156; Kan. Const., Art. 2, sections 16, 17, 19; Kan. Const., Art. 2, section 17 (1859).
Author: Robert T. Stephan
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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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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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K.S.A. 19-2921 prohibits the exercise of county zoning authority affecting property being used for an agricultural purpose. Whether or not a particular mobile home is being used for an agricultural purpose depends upon the relevant facts; placing a mobile home in an area zoned agricultural does not automatically dictate that the mobile home is being used for an agricultural purpose. Cited herein: K.S.A. 1987 Supp. 19-101a; K.S.A. 19-2901; 19-2908; 19-2921; K.S.A. 1987 Supp. 19-2960; K.S.A. 75-1211.
Author: Robert T. Stephan
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Languages : en
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The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).
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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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.
