Attorney General Opinion No. 1994-060

Attorney General Opinion No. 1994-060 PDF Author: Robert T. Stephan
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Languages : en
Pages :

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Book Description
The Kansas constitution, article 2, section 14, mandates that a bill signed by the governor must be the same as that passed by the house and senate. Legislative records of house bill no. 3039 evidence a discrepancy between the bill that was passed by the senate and concurred with by the house and that approved and signed by the governor. House bill no. 3039 contravenes article 2, section 14 of the Kansas constitution and is void. Cited herein: K.S.A. 45-317; Kan. Const., art. 2, secs. 14, 10.

Attorney General Opinion No. 1994-060

Attorney General Opinion No. 1994-060 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The Kansas constitution, article 2, section 14, mandates that a bill signed by the governor must be the same as that passed by the house and senate. Legislative records of house bill no. 3039 evidence a discrepancy between the bill that was passed by the senate and concurred with by the house and that approved and signed by the governor. House bill no. 3039 contravenes article 2, section 14 of the Kansas constitution and is void. Cited herein: K.S.A. 45-317; Kan. Const., art. 2, secs. 14, 10.

Attorney General Opinion No. 1994-033

Attorney General Opinion No. 1994-033 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.

Attorney General Opinion No. 1994-047

Attorney General Opinion No. 1994-047 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.

Attorney General Opinion No. 1994-074

Attorney General Opinion No. 1994-074 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Violation of a restraining order issued pursuant to K.S.A. 1993 Supp. 60-3107 or 60-1607 constitutes criminal trespass and it is not the province of the police to decide whether a perpetrator's anticipated defense to the charge has merit. Consequently whether the person protected under the restraining order "invited" the person restrained by the order onto the premises is not a factor the police should consider in deciding whether there is probable cause to arrest. Cited herein: K.S.A. 1993 Supp. 21-3408; 21-3412; 21-3721; 22-2307; 60-1607; 60-3107.

Attorney General Opinion No. 1994-049

Attorney General Opinion No. 1994-049 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
K.S.A. 1993 Supp. 60-206 provides that, unless otherwise specifically provided, the computation of time amounting to greater than ten days shall be calculated using calendar days. Therefore, the suspension of sheriff's deputies, pursuant to K.S.A. 19-4327(a), shall be limited to a period not to exceed 30 calendar days. Cited herein: K.S.A. 19-4327; K.S.A. 1993 Supp. 60-206.

Attorney General Opinion No. 1994-063

Attorney General Opinion No. 1994-063 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
All reasonable costs of the county attorney's assistance in representing the interests of the state in appeals and other post-conviction actions shall be allowed and must be paid by the county commissioners from the county general fund. The work performed in relation to post trial motions, such as reviewing sentencing reports and probation violation reports, are not representation of the state in appeals or post-conviction actions as contemplated by K.S.A. 22-3612. Further, when the county attorney appears in the court having jurisdiction within the county to prosecute or defend on behalf of the people, the county attorney is not entitled to supplemental payments pursuant to K.S.A 22-3612. Cited herein: K.S.A. 19-702; 22-3603; 22-3612; 60-1501; 60-1507.

Attorney General Opinion No. 1994-078

Attorney General Opinion No. 1994-078 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.

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. 1994-166

Attorney General Opinion No. 1994-166 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.

Attorney General Opinion No. 1994-095

Attorney General Opinion No. 1994-095 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.