Attorney General Opinion No. 1991-087 PDF Download
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Author: Robert T. Stephan
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Languages : en
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K.S.A. 1990 Supp. 65-2422 does not mandate the closure of death certificates which have been filed with the office of register of deeds for the purpose of terminating a life estate or joint tenancy. K.S.A. 58-501 contemplates the provision of notice to the public as a result of such filings and authorizes, but does not require, filing alternative evidence of death. Cited herein: K.S.A. 19-1201; 19-1204; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 58-501; 58-2221; 58-2222; K.S.A. 1990 Supp. 59-2286; 65-2412; 65-2422; 65-2422d; K.A.R. 28-17-1; 28-17-3.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1990 Supp. 65-2422 does not mandate the closure of death certificates which have been filed with the office of register of deeds for the purpose of terminating a life estate or joint tenancy. K.S.A. 58-501 contemplates the provision of notice to the public as a result of such filings and authorizes, but does not require, filing alternative evidence of death. Cited herein: K.S.A. 19-1201; 19-1204; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 58-501; 58-2221; 58-2222; K.S.A. 1990 Supp. 59-2286; 65-2412; 65-2422; 65-2422d; K.A.R. 28-17-1; 28-17-3.
Author: Robert T. Stephan
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Languages : en
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The board of county commissioners has statutory authority pursuant to K.S.A. 19-723 to hire an additional attorney to perform county attorney functions if it deems such an action necessary and expedient. The additional counsel or the county attorney, whichever the case may be in that particular situation, shall give advice and legal opinions to civil officers and may give advice and legal opinions to county employees if the board of county commissioners determines that the person requesting advice has acted within the scope of their employment, the employee acted in good faith, and it is a matter which is of interest to the county. The board of county commissioners may authorize the reimbursement of legal fees incurred by the retention of independent legal counsel for a county officer or employee as long as there is a public purpose for the expenditure and the claims are presented to the board of county commissioners in accordance with K.S.A. 1991 Supp. 12-105b(a). Such an expenditure of funds should be made on a case-by-case basis to determine whether the employee or officer was asking for reimbursement of legal fees based on actions that were within his or her scope of employment, whether the employee or officer acted in good faith and whether the services for which fees are sought concerned a matter in which the county had an interest. Cited herein: K.S.A. 12-105b(a); 19-702; 19-704; 19-723.
Author: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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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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Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Author: Robert T. Stephan
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Languages : en
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Practitioners of medicine and surgery and practitioners of osteopathic medicine and surgery are authorized to diagnose psychological disorders. To the extent contrary to the discussion herein, Attorney General Opinions No. 87-184 and 92-43 are hereby modified. Cited herein: K.S.A. 1991 Supp. 65-2869; K.S.A. 65-2870; K.S.A. 1987 Supp. 74-5362; L. 1988, ch. 251, section 5.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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The Kansas Take-Over Bids Act is unconstitutional pursuant to the Supremacy and Interstate Commerce Clauses of the United States Constitution. As applied to entities required to register securities under federal law, the state act is pre-empted. As applied to other entities, the act frustrates the neutral Congressional position between management and acquiring entities, and is therefore pre-empted. In addition, the act is invalid on the grounds that it creates an undue burden on interstate commerce. State regulation of tender offers is not entirely prohibited. However, if the state wishes to regulate, it must do so by legislative action rather than by judicial application of a broad severability clause. Cited herein: K.S.A. 17-1276; 17-1277; 17-1279; 17-1284; 17-1285; 15 U.S.C. sections 781, 78m, 78n, 78bb; 17 C.F.R. sections 240.14d, 240.14e.
Author: Vern Miller
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Category :
Languages : en
Pages : 5
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"We are concerned here with the application of K.S.A. 75-4304(a) which states in pertinent part thus: "No public officer or employee shall in his capacity as such officer or employee, make or participate in the making of a contract with any person or business by which he is employed or in whose business he has a substantial interest, and no such person or business shall enter into any contract where any public officer or employee, acting in such capacity, is a signatory to or a participant in the making of such contract and is employed by or has a substantial interest in such person or business." ... The question may be raised whether the board action in question constitutes the making of a contract."
Author: Robert T. Stephan
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Languages : en
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K.S.A. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.
