Attorney General Opinion No. 1991-004

Attorney General Opinion No. 1991-004 PDF Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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Book Description
Based upon our review of specific interlocal agreements entered into pursuant to K.S.A. 12-1901 e̲t̲ s̲e̲q̲. and K.S.A. 1990 Supp. 72-8230 it is our opinion that the separate legal entities created by these specific agreements may be characterized as an "agency, authority, institution or other instrumentality" of a school district and thus these entities meet the definition of a municipality pursuant to K.S.A. 1990 Supp. 12-2616 e̲t̲ s̲e̲q̲. and K.S.A. 1990 Supp. 75-6102. While entities created pursuant to K.S.A. 12-2901 e̲t̲ s̲e̲q̲. and K.S.A. 1990 Supp. 72-8230, may generally fall within the definition, each situation, agreement and relationship must be examined on its own merits. Cited herein: K.S.A. 1990 Supp. 12-2616; 12-2617; K.S.A. 12-2901; K.S.A. 1990 Supp. 72-8230; 75-6102.

Opinions of the Attorney General of California

Opinions of the Attorney General of California PDF Author: California. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 392

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Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.

Attorney General Opinion No. 1991-059

Attorney General Opinion No. 1991-059 PDF Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
Pages :

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Book Description
The legislature is authorized pursuant to article 4, section 3 of the Kansas constitution to prescribe the grounds and procedures for recall of elected public officials. The procedure set forth by the legislature obligates the county or district attorney to determine the sufficiency of the grounds asserted in a petition seeking the recall of a local officer. The county or district attorney does not determine whether the local officer should be subject to recall. Rather, the county or district attorney determines whether the grounds are set forth with sufficient particularity so as to permit the local officer an opportunity to prepare a statement in justification of the officer's conduct in office. Cited herein: K.S.A. 25-4301; K.S.A. 1990 Supp. 25-4302; K.S.A. 25-4312; K.S.A. 1990 Supp. 25-4320; K.S.A. 25-4326; 25-4329; 25-4331; Kan. Const., art. 4, section 3.

Attorney General Opinion No. 1991-161

Attorney General Opinion No. 1991-161 PDF Author: Robert T. Stephan
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Languages : en
Pages :

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The distribution of powers by a state constitution among the governmental departments is a question for the state itself. Under the Kansas constitution, the functions of parole and probation may be conferred upon either the executive or judicial branch of government. Those powers conferred upon the secretary of corrections by the community corrections act are executive or administrative in nature and may not be transferred to or exercised by the judiciary. Cited herein: K.S.A. 21-4601; K.S.A. 1990 Supp. 21-4603, as amended by L. 1991, ch. 89, section 4; K.S.A. 21-4611; 22-3707; 75-5290; 75-5291; 75-5292; 75-5294; 75-5296; 75-52,103; 75-52,105; 75-52,110; K.S.A. 1990 Supp. 75-52,111; 75-52,114; Kan. Const., Art. 1, sections 1, 7; Kan. Const., Art. 3, section 1.

Attorney General Opinion No. 1991-028

Attorney General Opinion No. 1991-028 PDF Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
Pages :

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The racing commission retains jurisdiction over an administrative matter even if the occupation license that is the subject of the hearing expires by operation of law during the pendency of the proceeding. Cited herein: K.S.A. 74-8816; 77-511; 77-530; K.A.R. 112-4-1.

Attorney General Opinion No. 1991-049

Attorney General Opinion No. 1991-049 PDF Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.

Attorney General Opinion No. 1991-102

Attorney General Opinion No. 1991-102 PDF Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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If a university police officer views the commission of a crime in his territorial jurisdiction, he may pursue the suspect and cite or arrest him without a warrant outside of the officer's jurisdiction pursuant to his fresh pursuit authority. The officer may not, however, use his law enforcement powers to effect a warrantless arrest of the suspect for a crime viewed outside the officer's territorial jurisdiction, even if viewed after or during a lawful fresh pursuit stop. In such cases, the officer may make a citizen's arrest. Cited herein: K.S.A. 1990 Supp. 8-2104; 8-2106; K.S.A. 21-3105; 22-2401; 22-2401a; 22-2403; 76-726.

Opinions of the Attorney General and Report to the Governor of Virginia

Opinions of the Attorney General and Report to the Governor of Virginia PDF Author: Virginia. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 620

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Attorney General Opinion No. 1991-024

Attorney General Opinion No. 1991-024 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.