Attorney General Opinion No. 1980-169 PDF Download
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Author: Robert T. Stephan
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The qualifications for a municipal judge in a city of the third class may be found at K.S.A. 12-4105 and 15-209, and deal solely with such matters as residency, citizenship and age. No express disqualification of those individuals with felony convictions exists, thus leaving the effect of such a conviction up to the consideration of the city council, pursuant to K.S.A. 15-204. However, such a conviction may also violate Canon 2 of the Code of Judicial Conduct, with such a determination to be made by the State Commission on Judicial Qualifications. Cited herein: K.S.A. 12-4105, 12-4106, 15-204, 15-209, K.S.A. 1979 Supp. 20-176.
Author: Robert T. Stephan
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The qualifications for a municipal judge in a city of the third class may be found at K.S.A. 12-4105 and 15-209, and deal solely with such matters as residency, citizenship and age. No express disqualification of those individuals with felony convictions exists, thus leaving the effect of such a conviction up to the consideration of the city council, pursuant to K.S.A. 15-204. However, such a conviction may also violate Canon 2 of the Code of Judicial Conduct, with such a determination to be made by the State Commission on Judicial Qualifications. Cited herein: K.S.A. 12-4105, 12-4106, 15-204, 15-209, K.S.A. 1979 Supp. 20-176.
Author: Robert T. Stephan
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Real estate leases entered into by state agencies need not be contracted for by competitive bids as such leases are not "contracts for services" within the meaning of K.S.A. 1980 Supp. 75-3739. Cited herein: K.S.A. 1980 Supp. 75-3739, 75-3740, K.S.A. 77-201.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
Author: Robert T. Stephan
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In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.
Author: Robert T. Stephan
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Subsection (e) of K.S.A. 1980 Supp. 25-4406 requires that, to be approved for use in Kansas, an electronic or electromechanical voting system must prevent the voter from casting more votes for an office or candidate than that which the voter is entitled by law to cast for such office or candidate, and a voting system which does not prevent "overvoting" in the first instance, but merely rejects all votes for an office or candidate by a voter who has overvoted, does not meet these requirements. Any such voting system which does not provide an enclosed voting station which conceals the voter from observation, view or detection while voting does not meet the requirements in K.S.A. 1980 Supp. 25-4406(h) that such voting system must provide for voting in "absolute secrecy." In evaluating whether an electronic or electromechanical voting system should be approved for use in Kansas, the secretary of state is limited to a consideration of whether the voting system satisfies the requirements of K.S.A. 1980 Supp. 25-4406 and can be used safely. Cited herein: K.S.A. 1980 Supp. 25-1310, K.S.A. 25-2703 (as amended by L. 1981, ch. 169, section 1), K.S.A. 1980 Supp. 25-4401, 25-4404, 25-4405 (as amended by L. 1981, ch. 172, section 1), 25-4406.
Author: Robert T. Stephan
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A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.
Author: Robert T. Stephan
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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The General Improvement and Assessment Law, K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., requires that the governing body of a city assess property in an improvement district by imposing substantially equal burdens or shares of the cost upon property similarly benefited. The sufficiency of petitions (for any improvement), filed pursuant to K.S.A. 12-6a04(2), is to be determined as of the time the petitions are signed, and not at some later date. Cited herein: K.S.A. 12-6a01, 12-6a04(2), 12-6a06, and 12-6a10.
Author: Robert T. Stephan
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Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).
