Attorney General Opinion No. 1988-107 PDF Download
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Author: Robert T. Stephan
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Languages : en
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L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982. Cited herein: K.S.A. 21-4618; K.S.A. 1987 Supp. 22-3717 as amended by L. 1988, ch. 115, section 2.
Author: Robert T. Stephan
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Languages : en
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L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982. Cited herein: K.S.A. 21-4618; K.S.A. 1987 Supp. 22-3717 as amended by L. 1988, ch. 115, section 2.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 28-175 and K.S.A. 19-705 prohibit additional compensation or fees for performance of duties connected with the office of county attorney beyond what is specifically allowed by law. Case law uniformly allows additional compensation to be paid when a county attorney performs legal services outside the county's jurisdiction. While K.S.A. 22-2616(4) requires a county attorney to remain responsible for prosecution of cases transferred to another venue pursuant to that statute, it does not prohibit compensation or evidence legislative intent to abolish this case law. It is therefore our opinion that the county attorney may properly receive additional compensation for services rendered in another county pursuant to K.S.A. 22-2616(4). Cited herein: K.S.A. 2-1208a; 8-605; 9-2014; 17-1267; 19-701; K.S.A. 1987 Cupp. 19-702; 19-703; K.S.A. 19-705; 19-723; 22-2616(4); 22-3902; 22a-107; 28-175; 65-4036.
Author: Robert T. Stephan
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Languages : en
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A sentence of life imprisonment for a class A felony may not be enhanced under the provisions of the habitual criminal act. A defendant sentenced for a class A felony is eligible for parole after serving 15 years of confinement. Cited herein: K.S.A. 1987 Supp. 21-4501, as amended by L. 1988, ch. 115, section 10; 21-4504; 22-3717, as amended by L. 1988, ch. 115, section 1.
Author: Robert T. Stephan
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Languages : en
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The county sheriff may discretionarily choose to disclose personnel records maintained and kept by the sheriff, subject to the exceptions contained in K.S.A. 1988 Supp. 45-221(a)(4), as amended. Cited herein: K.S.A. 19-212 S̲i̲x̲t̲h̲; 19-805; 19-4301; 19-4403; 25-101; 45-215; 45-217; K.S.A. 1988 Supp. 45-221, as amended by L. 1989, ch. 154, section 1.
Author: Robert T. Stephan
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Languages : en
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No person is eligible for nomination, election, or appointment to the office of sheriff unless the person possesses a high school education or its recognized equivalent. A G.E.D. certificate is a recognized equivalent. The successful completion of an intelligence test as part of the pre-training evaluation prior to admittance to a Law Enforcement Training Center training course does not constitute the recognized equivalent of a high school education. Cited herein: K.S.A. 1987 Supp. 19-801b; 74-5605; Kan. Const., Art. 6, section 2; K.A.R. 1987 Supp. 91-10-1; K.A.R. 91-10-2; K.A.R. 1987 Supp. 107-3-1.
Author: Curt Thomas Schneider
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Languages : en
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Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.
Author: Robert T. Stephan
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Languages : en
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Robert T. Stephan
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Languages : en
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The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.
Author: Robert T. Stephan
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Languages : en
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If consumer credit insurance is provided in connection with an open end credit account (including revolving charge accounts offered by retailers and lines of credit under bank cards and the like), the amounts payable as insurance benefits may be reasonably commensurate with the amount of debt as it exists from time to time. The credit limit is not a consideration in such instances. If consumer credit insurance is provided in connection with a commitment to grant credit in the future (a credit commitment), the amounts payable as insurance benefits may be considered in light of the amount of the commitment as well as the outstanding (or initial in the case of debts or commitments for a primarily agricultural purpose) debt. Cited herein: K.S.A. 16a-1-301; 16a-4-107; 16a-4-202; 16a-4-203.
Author: Robert T. Stephan
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Languages : en
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
