Attorney General Opinion No. 1996-022 PDF Download
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Author: Carla J. Stovall
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Languages : en
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A city may regulate the size and spacing of signs and billboards located on private property. Such regulation may not conflict with 12 U.S.C. section 131 and K.S.A. 68-2231 et seq., however, both laws recognize a city's regulatory authority over the erection, maintenance, size, spacing and lighting of signs in commercial and industrial areas. Cited herein: K.S.A. 68-2231; 68-2233; 68-2234; 23 U.S.C. section 131.
Author: Carla J. Stovall
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Languages : en
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A city may regulate the size and spacing of signs and billboards located on private property. Such regulation may not conflict with 12 U.S.C. section 131 and K.S.A. 68-2231 et seq., however, both laws recognize a city's regulatory authority over the erection, maintenance, size, spacing and lighting of signs in commercial and industrial areas. Cited herein: K.S.A. 68-2231; 68-2233; 68-2234; 23 U.S.C. section 131.
Author: Carla J. Stovall
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Languages : en
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Author: Carla J. Stovall
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Languages : en
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Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.
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: Carla J. Stovall
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Languages : en
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Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.
Author: Carla J. Stovall
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Languages : en
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The grant of limited arrest authority pursuant to K.S.A. 22-3716 does not bring community correctional officers within the group of persons whose duties include the prevention, detection and enforcement of Kansas' criminal laws. A community correctional officer, including a part time surveillance officer or an intensive supervision officer, is not a "law enforcement officer" for purposes of the law enforcement training act. Cited herein: K.S.A. 21-4603; 21-4610; 22-3716; K.S.A. 1995 Supp. 74-5601, 74-5602; 74-5602a; K.S.A. 74-5604; K.S.A. 75-5290; 75-5295.
Author: Carla J. Stovall
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Languages : en
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A county sheriff has the authority and the duty to comply with a warrant issued by a court or the governor acting under K.S.A. 22-2701 et seq. and must detain persons in accordance with the terms of K.S.A. 22-4401 et seq. Absent a warrant issued for arrest, a county sheriff must cooperate with other state authorities in accordance with K.S.A. 22-4403 and take custody of a person wanted by another state. The resulting costs of incarceration incurred by a county detaining a person on behalf of another state may be requested from the demanding state or the defendant, pursuant to K.S.A. 19-1917a, 22-3801, 22-4401 article V(g), or 22-2712. The state seeking ultimate custody of the person detained in Kansas must somehow obtain or possess personal jurisdiction over the individual in question before taking actual physical custody of a person found outside their boundaries. Such jurisdiction may be accomplished pursuant to the provisions of the detainer act and the extradition act. States may not act extra-territorially prior to establishing jurisdiction. Cited herein: K.S.A. 19-811; 19-812; 19-821; 19-1910; 19-1916; 19-1917; 19-1930; 22-2701; 22-2702; 22-2708; 22-2710; 22-2712; 22-2713; 22-2714; 22-2715; 22-2717; 22-3801; 22-4101; 22-4301; 22-4401; 22-4403; 28-175; 18 U.S.C.A. section 3181; U.S. const., art. 4, sec. 2, cl. 2.
Author: Carla J. Stovall
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Category :
Languages : en
Pages :
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Carla J. Stovall
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Languages : en
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Municipal courts have jurisdiction over juveniles who are charged with violating cigarette or tobacco infraction ordinances. Cited herein: K.S.A. 12-4113, 12-4209, 12-4212, and 12-4214, as amended by L. 1996, ch. 214, sections 18-21; K.S.A. 1995 Supp. 12-4305, as amended by L. 1996, ch. 214, section 22; K.S.A. 21-3105, as amended by L. 1996, ch. 214, section 24; K.S.A. 1995 Supp. 38-1602, as amended by L. 1996, ch. 229, section 40; K.S.A. 79-3321, as amended by L. 1996, ch. 214, section 7.
Author: Carla J. Stovall
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Languages : en
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A victim impact statement which is part of the presentence investigation report and is prepared by either a victim or a victim advocate on behalf of a victim does not violate K.S.A. 21-3815 because it does not constitute an attempt to improperly influence a judge. Cited herein: K.S.A. 21-3815, 21-4604, 21-4714; 22-3424; K.S.A. 1995 Supp. 74-7333; Kan. Const., art. 15, section 15.
