Attorney General Opinion No. 1983-170

Attorney General Opinion No. 1983-170 PDF Author: Robert T. Stephan
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Languages : en
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An attorney, appointed to represent an indigent defendant under the Kansas Indigent Defense Services Act, may accept compensation for such services from private sources as long as the attorney complies with the Act's requirements regarding such compensation. The Act requires the appointed attorney to report to the court the availability of private funds sufficient to fully pay for representation of a defendant and to seek permission to either withdraw from the case or to accept compensation. K.S.A. 1982 Supp. 22-4507 requires an attorney to report any partial compensation received to the Board of Indigents Defense Services when he or she submits a claim for compensation under the Act. K.S.A. 1982 Supp. 22-4510 does not prohibit the acceptence of such compensation as long as the attorney acts as authorized or directed under the Act. Cited herein: K.S.A. 1982 Supp. 22-4501, 22-4503, 22-4507, 22-4510, L. 1976, ch. 169; 18 U.S.C. section 3006A.

Attorney General Opinion No. 1983-170

Attorney General Opinion No. 1983-170 PDF Author: Robert T. Stephan
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Languages : en
Pages :

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Book Description
An attorney, appointed to represent an indigent defendant under the Kansas Indigent Defense Services Act, may accept compensation for such services from private sources as long as the attorney complies with the Act's requirements regarding such compensation. The Act requires the appointed attorney to report to the court the availability of private funds sufficient to fully pay for representation of a defendant and to seek permission to either withdraw from the case or to accept compensation. K.S.A. 1982 Supp. 22-4507 requires an attorney to report any partial compensation received to the Board of Indigents Defense Services when he or she submits a claim for compensation under the Act. K.S.A. 1982 Supp. 22-4510 does not prohibit the acceptence of such compensation as long as the attorney acts as authorized or directed under the Act. Cited herein: K.S.A. 1982 Supp. 22-4501, 22-4503, 22-4507, 22-4510, L. 1976, ch. 169; 18 U.S.C. section 3006A.

Attorney General Opinion No. 1983-152

Attorney General Opinion No. 1983-152 PDF Author: Robert T. Stephan
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Languages : en
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A lock out is ordinarily a manifestation of a labor dispute, and where such a dispute exists, an employee (otherwise qualified) who is refused work by an employer, through a lock out, is not entitled to unemployment compensation benefits, except as provided in subsection (d) of K.S.A. 1982 Supp. 44-706 (as amended). However, an employee is not disqualified from receiving such benefits where the lock out is a result of arbitrary actions of an employer, which actions are unrelated to a recognized labor dispute. Cited herein: K.S.A. 44-701, 44-702, K.S.A. 1982 Supp. 44-705, 44-706, as amended by L. 1983, chs. 169, 170, K.S.A. 44 - 819(m).

Attorney General Opinion No. 1983-178

Attorney General Opinion No. 1983-178 PDF Author: Robert T. Stephan
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Languages : en
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Attorney General Opinion No. 1983-063

Attorney General Opinion No. 1983-063 PDF Author: Robert T. Stephan
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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.

Attorney General Opinion No. 1983-101

Attorney General Opinion No. 1983-101 PDF Author: Robert T. Stephan
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Languages : en
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Where Section 214 of the Staggers Rail Act of 1980 (49 U.S.C. section 11501), explicitly providing for the regulation of intrastate rail rates by the Interstate Commerce Commission, is in conflict with Kansas statutes providing for the regulation of intrastate rail rates by the State Corporation Commission, federal law must prevail, pursuant to the Supremacy Clause of the United States Constitution, Art. VI. Cited herein: K.S.A. 66-117, 66-170, 49 U.S.C. section 10101, 49 U.S.C. section 10501, 49 U.S.C. section 10701, 49 U.S.C. section 10706, 49 U.S.C. section 10707, 49 U.S.C. section 10712, 49 U.S.C. section 10762, 49 U.S.C. section 11501, and U.S. Constitution, Art. VI.

Attorney General Opinion No. 1983-175

Attorney General Opinion No. 1983-175 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1983-186

Attorney General Opinion No. 1983-186 PDF Author: Robert T. Stephan
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Languages : en
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).

Attorney General Opinion No. 1983-167

Attorney General Opinion No. 1983-167 PDF Author: Robert T. Stephan
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Languages : en
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Kansas is a member state in the Interstate Compact on Mental Health by the terms of K.S.A. 65-3101, which incorporate the compact into Kansas statutes. Part of the compact concerns the escape of dangerous or potentially dangerous patients from institutions in any state party to the compact. Upon the capture and identification of such patients, they are to be detained until they can be returned to the state in which they were committed. In this specific circumstance, the provisions of K.S.A. 59-2901 et seq., relating to orders for protective custody and commitment, do not apply, and the patient may be held without such proceedings prior to return to the state from which he escaped. Cited herein: K.S.A. 1982 Supp. 59-2902, K.S.A. 59-2904, K.S.A. 1982 Supp. 59-2905, 59-2908, 59-2909, 59-2912, K.S.A. 59-2917, 65-3101.

Attorney General Opinion No. 1983-090

Attorney General Opinion No. 1983-090 PDF Author: Robert T. Stephan
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Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1983-025

Attorney General Opinion No. 1983-025 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.