Attorney General Opinion No. 1987-191 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Amtrack may sell alcoholic beverages in Kansas only if licensed to do so by the Director of the Division of Alcoholic Beverage Control. Any license granted by the Director is subject to continued eligibility, compliance with all relevant statutes and rules and regulations, and any required local authorization. While current law may make it impractical for Amtrack to obtain a license to sell alcoholic beverages in Kansas, the legislature may provide for temporary membership in class B clubs located on railroads such as it has for class B clubs located in hotels or municipal airports. Cited herein: K.S.A. 41-2601, as amended by L. 1987, ch. 182, section 60; K.S.A. 41-2702, as amended by L. 1987, ch. 182, section 98; L. 1987, ch. 182, sections 87, 88, 89; Kan. Const., Art. 15, section 10.
Author: Robert T. Stephan
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Languages : en
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Amtrack may sell alcoholic beverages in Kansas only if licensed to do so by the Director of the Division of Alcoholic Beverage Control. Any license granted by the Director is subject to continued eligibility, compliance with all relevant statutes and rules and regulations, and any required local authorization. While current law may make it impractical for Amtrack to obtain a license to sell alcoholic beverages in Kansas, the legislature may provide for temporary membership in class B clubs located on railroads such as it has for class B clubs located in hotels or municipal airports. Cited herein: K.S.A. 41-2601, as amended by L. 1987, ch. 182, section 60; K.S.A. 41-2702, as amended by L. 1987, ch. 182, section 98; L. 1987, ch. 182, sections 87, 88, 89; Kan. Const., Art. 15, section 10.
Author: Robert T. Stephan
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Languages : en
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If a person who is not insolvent transfers to a federal land bank (by voluntary conveyance or foreclosure) oil and gas producing interests after assessment but before the payment of personal property taxes, a lien attaches against the property for the unpaid taxes in accordance with K.S.A. 1986 Supp. 79-2020. (We note the question presented does not involve assessing personal property taxes against the federal land bank [s̲e̲e̲ Attorney General Opinion No. 86-16]. The question presented involves determining the priority of claims against the personal property transferred.) Under this statute the federal land bank takes subject to the lien, is liable for the tax, and has a civil cause of action against the transferor for the amount paid. However, insolvency of the debtor and subsequent transfer of property by the debtor for the benefit of creditors will make the priority issue a question of federal law triggering 31 U.S.C. section 3713 (formerly 31 U.S.C. section 191), priority of government claims. The procedure for obtaining an exemption from the payment of ad valorem property taxes is found in K.S.A. 1986 Supp 79-213. While a federal land bank is exempt from the assessment of ad valorem taxes, as a property owner requesting an exemption it is not exempt from the procedure of filing for an exemption. Cited herein: K.S.A. 1986 Supp. 79-213; K.S.A. 79-329; 79-2109; 79-2110; 79-2111; K.S.A. 1986 Supp. 79-2020; 31 U.S.C. section 3713, formerly 31 U.S.C. section 191.
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: Texas
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Category : Natural resources
Languages : en
Pages : 588
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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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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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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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Employees of a hospital organized under K.S.A. 1978 Supp. 80-2113 e̲t̲ s̲e̲q̲. are not subject to search and seizure restrictions imposed by the Fourth Amendment of the Constitution of the United States, when searching patients' effects. However, the search may be unreasonable, creating civil liability for intrusion.
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.
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.
