Attorney General Opinion No. 1990-137 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A member-elect of the state senate or house of representatives cannot resign such office until the member-elect is entitled by law to possess it, has taken the oath, has given the required bond, and has entered upon the discharge of its duties. However, under the provisions of L. 1990, ch. 130, section 11, a member-elect of the legislature may provide notice to the secretary of state of the member-elect's intent to resign provided the resignation will become effective after the member-elect has taken the oath of office and entered upon the discharge of its duties. Cited herein: K.S.A. 1989 Supp. 13-305; K.S.A. 13-513; 14-205; K.S.A. 1989 Supp. 14-308; K.S.A. 15-201; K.S.A. 1989 Supp. 15-311; K.S.A. 19-504; 25-101b; 25-312; K.S.A. 1989 Supp. 25-312a; K.S.A. 25-1434; 25-1606; 25-2022; 25-3201; K.S.A. 25-3902, as amended by L. 1990, ch. 130, section 4; 25-3902a, as amended by L. 1990, ch. 130, section 5; K.S.A. 25-3903; K.S.A. 25-3904; as amended by L. 1990, ch. 130, section 6; 25-3904a, as amended by L. 1990, ch. 130, section 7; 25-3905, as amended by L. 1990, ch. 130, section 8; 25-3906, as amended by L. 1990, ch. 130, section 9; K.S.A. 40-106; 46-142; 46-144; 46-146a; 54-106; 75-125; 77-109; L. 1990, ch. 130, section 11; Kansas Constitution, art. 1, section 11.
Author: Robert T. Stephan
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Languages : en
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A member-elect of the state senate or house of representatives cannot resign such office until the member-elect is entitled by law to possess it, has taken the oath, has given the required bond, and has entered upon the discharge of its duties. However, under the provisions of L. 1990, ch. 130, section 11, a member-elect of the legislature may provide notice to the secretary of state of the member-elect's intent to resign provided the resignation will become effective after the member-elect has taken the oath of office and entered upon the discharge of its duties. Cited herein: K.S.A. 1989 Supp. 13-305; K.S.A. 13-513; 14-205; K.S.A. 1989 Supp. 14-308; K.S.A. 15-201; K.S.A. 1989 Supp. 15-311; K.S.A. 19-504; 25-101b; 25-312; K.S.A. 1989 Supp. 25-312a; K.S.A. 25-1434; 25-1606; 25-2022; 25-3201; K.S.A. 25-3902, as amended by L. 1990, ch. 130, section 4; 25-3902a, as amended by L. 1990, ch. 130, section 5; K.S.A. 25-3903; K.S.A. 25-3904; as amended by L. 1990, ch. 130, section 6; 25-3904a, as amended by L. 1990, ch. 130, section 7; 25-3905, as amended by L. 1990, ch. 130, section 8; 25-3906, as amended by L. 1990, ch. 130, section 9; K.S.A. 40-106; 46-142; 46-144; 46-146a; 54-106; 75-125; 77-109; L. 1990, ch. 130, section 11; Kansas Constitution, art. 1, section 11.
Author: Robert T. Stephan
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Languages : en
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1990 Supp. 64-101 does not require the bidder to comply with K.S.A. 1990 Supp. 28-137 to be eligible to print legal publications of the county. Cited herein: K.S.A. 12-2905; K.S.A. 1990 Supp. 28-137; 64-101.
Author: Robert T. Stephan
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Languages : en
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There are no statutory provisions mandating Rawlins county to hold an election to decide the issue of whether a previously approved county hospital tax levy should be repealed. Cited herein: K.S.A. 1990 Supp. 19-4606; K.S.A. 19-4625.
Author: Robert T. Stephan
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Languages : en
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A custodian of public records who reasonably believes that a requestor will use the information for prohibited purposes must deny access to the records. Disclosure of the information in such a case will subject the custodian to possible criminal charges. The Kansas Open Records Act does not require a public agency which maintains records on computer facilities to write a computer program to produce requested information in a certain form if the information is available in existing records. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-215; 45-216; 45-217; 45-220.
Author: Robert T. Stephan
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1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.
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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Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.
Author: Robert T. Stephan
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District courts appear to have the authority to entertain a motion for new trail in a juvenile proceeding if the motion is timely filed and if double jeopardy problems would not arise. A juvenile does not, however, have a statutory or constitutional right to a new trial. Cited herein: K.S.A. 38-801 et seq., repealed L. 1982, ch. 182; 38-1601; 38-1632; 38-1653; 38-1665; 38-1681; 38-1683; 60-259; 60-2103; K.S.A. 44-556, as amended by L. 1979, ch. 158, section 1.
