Attorney General Opinion No. 1996-063 PDF Download
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Author: Carla J. Stovall
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Languages : en
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A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers. Cited herein: K.S.A. 19-101a, as amended by L. 1996, ch. 68, section 2; 73-301; 73-302; 73-304; 73-305; 73-306; K.S.A. 73-430 (Weeks 1972); K.S.A. 73-431; 73-432.
Author: Carla J. Stovall
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Languages : en
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A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers. Cited herein: K.S.A. 19-101a, as amended by L. 1996, ch. 68, section 2; 73-301; 73-302; 73-304; 73-305; 73-306; K.S.A. 73-430 (Weeks 1972); K.S.A. 73-431; 73-432.
Author: Carla J. Stovall
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Languages : en
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The doctrine of incompatibility of offices prevents the Chairman of the Pooled Money Investment Board from also serving as the Director of Investments where the Chairman was granted all powers necessary to perform the duties of the Director of Investments. Cited herein: K.S.A. 1996 Supp. 12-1677a; 12-3734; 40-3406; 44-712; K.S.A. 75-2935b; K.S.A. 1996 Supp. 75-4212a; 75-4221a; 75-4222; 75-4232; 75-4234; 75-4236; 1997 S.B. 282.
Author: Robert T. Stephan
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Languages : en
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Carla J. Stovall
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Languages : en
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Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.
Author: Carla J. Stovall
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Languages : en
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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: Robert T. Stephan
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Languages : en
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State statute does not preclude a county election officer from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. As such committee positions do not constitute public offices, the common law doctrine of incompatibility of offices is inapplicable. A county election officer is not precluded from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp. 75-2953; L. 1959, ch. 174, sec. 2;General Statutes of 1949, sec. 25-221, as amended by L. 1957, ch. 230, sec. 1; 5 U.S.C.A. sec. 1501.
Author: Robert T. Stephan
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Languages : en
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A sheriff may incur liability for confining a juvenile offender in jail, even when juvenile detention facilities are not available. However, local units of government may be held liable for releasing a juvenile offender who then proceeds to commit subsequent crimes. Cited herein: K.S.A. 1989 Supp. 38-1632; 42 USC section 5601, 42 USC section 5633.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Carla J. Stovall
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Languages : en
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Licensed medical practitioners and a licensed hospital may organize as a limited liability company pursuant to K.S.A. 17-760l et seq. Consistent with K.S.A. 17-7604 (q) and Kansas case law, the limited liability company may contract with other medical practitioners to provide health care services. Cited herein: K.S.A. 17-2708; 17-2710; 17-7602; 17-7603; 17-7604;17-7620; 17-7631; K.S.A. 1995 Supp. 40-3401; 65-425; K.S.A. 65-429; 65-442; 65-2801.
Author: Carla J. Stovall
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A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
