Attorney General Opinion No. 1988-147 PDF Download
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Author: Robert T. Stephan
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Judgment liens secured against real estate to satisfy delinquent personal property tax debts cannot be executed against homestead property. This does not preclude the sale of a mobile home used as a homestead to collect personal property taxes assessed on that mobile home. Cited herein: K.S.A. 60-2301; 79-340; K.S.A. 1987 Supp. 79-2017; 79-2101.
Author: Robert T. Stephan
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Judgment liens secured against real estate to satisfy delinquent personal property tax debts cannot be executed against homestead property. This does not preclude the sale of a mobile home used as a homestead to collect personal property taxes assessed on that mobile home. Cited herein: K.S.A. 60-2301; 79-340; K.S.A. 1987 Supp. 79-2017; 79-2101.
Author: Robert T. Stephan
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Languages : en
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Based, on the 1986 amendment to K.S.A. 8-2117, the Court of Appeals opinion in I̲n̲ ̲r̲e̲ ̲H̲o̲c̲k̲e̲n̲b̲u̲r̲y̲ and section 3.06 of the Kansas Municipal Court Manual, it is our opinion that a municipal court has the authority to hear prosecutions of persons 16 and 17 years of age for violations of municipal ordinances prohibiting the acts prohibited by K.S.A. 1988 Supp. 8-1567. Attorney General Opinion No. 77-228, due to changes in the applicable statutes, is hereby withdrawn. Cited herein: K.S.A. 1988 Supp. 8-1567; 8-2117; 38-1602; K.S.A. 38-802, 38-815, repealed L. 1982, ch. 182, section 150; L. 1978, ch. 158.
Author: Robert T. Stephan
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Languages : en
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County hospital board members which are selected by the election method begin their official duties on the second Monday in January next following the election. The newly elected members must take the oath prescribed by law within ten days after the election. While taking the oath is a prerequisite to assuming the duties of the office, failure to accomplish the task within the ten day period does not create a vacancy. Cited herein: K.S.A. 13-14b10; 14-605, as amended by L. 1988, ch. 147, section 11; 19-1980 (Ensley) (repealed, L. 1984, ch. 98, section 28); K.S.A. 1987 Supp. 19-4605; 19-4607; K.S.A. 25-313; 25-2010; 25-2023; 25-2107; 25-2120; K.S.A. 1987 Supp. 80-2508; K.S.A. 80-2509.
Author: Robert T. Stephan
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Languages : en
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Upon being taken into custody for commission of an act which would be a misdemeanor or felony if committed by an adult, a juvenile may be detained for booking up to six hours in a jail or adult lock-up if there is sight and sound separation from adult prisoners. A juvenile taken into custody for commission of a traffic offense or violation of wildlife and parks statutes may be so detained as well. Cited herein: K.S.A. 8-2117; K.S.A. 1991 Supp. 32-1040; 38-1602; 38-1691; 42 U.S.C. 5633; 28 C.F.R. 31.301; 31-304.
Author: Robert T. Stephan
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It is our opinion that a valid petition pursuant to K.S.A. 1987 Supp. 19-27a03 must: 1) contain the statements set forth in subsection (b) of that statute, and 2) follow the applicable provisions of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. Without a proper petition, or the alternative action by the secretary of health and environment or the local health officer, the board lacks jurisdiction to take action pursuant to K.S.A. 1987 Supp. 19-27a01 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1987 Supp. 19-27a01; 19-270; 19-27a03; K.S.A. 25-3601; 25-3602; 1970 House Bill No. 1254, ch. 147, section 1; Const. Kan. Bill of Rights, section 18; U.S.C.A. Const. Amend. XIV.
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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In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.
Author: Robert T. Stephan
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Languages : en
Pages : 0
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The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.
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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42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.
