Author: Robert T. Stephan
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Languages : en
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The crime "Unlawful Disclosure of a Warrant" prohibits disclosure, before execution of a warrant, of a complaint which led to the issuance of an arrest warrant. Cited herein: K.S.A. 1986 Supp. 20-301a; 21-3827; 22-2202; K.S.A. 22-2301; K.S.A. 1986 Supp. 22-2302; K.S.A. 45-215; 45-217; 45-218; 45-221.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Author: Robert T. Stephan
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Languages : en
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Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Author: Robert T. Stephan
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Languages : en
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Pursuant to sovereign power and the Bureau of Prisons Act, 18 U.S.C.S. section 4001 e̲t̲ s̲e̲q̲., federal authorities maiy locate a federal correctional institution wherever the federal statutes authorize, provided constitutional procedures regarding takings are followed. A countywide election is not a required prerequisite to locating a federal correctional institute in the county, but a board of county commissioners may exercise home rule powers granted by K.S.A. 1986 Supp. 19-101a and hold an advisory election to determine public sentiment. Pursuant to K.S.A. 12-101 S̲e̲c̲o̲n̲d̲, and K.S.A. 19-101 S̲e̲c̲o̲n̲d̲, county and city officials may purchase real estate for the beneficial use of the city or county if funds used for the purchase were levied for such purpose. Similarly, K.S.A. 12-101 T̲h̲i̲r̲d̲ and K.S.A. 19-101 T̲h̲i̲r̲d̲ allow the governing body of a city or county to convey real property provided the sale or disposal of the property is deemed conducive to the interests of the inhabitants of the city of county. K.S.A. 1986 Supp. 19-211 as amended limits the board of county commissioners' power to dispose of real property, but the 1985 amendment to this statute makes it non-uniformly applicable and therefore subject to home rule. Pratt city or county officials may make a cash grant to the federal government provided such a grant serves a public purpose which benefits the inhabitants and the funds used for such a grant are not derived from levies or assessments made for other purposes. Cited herein: K.S.A. 12-101 S̲e̲c̲o̲n̲d̲, T̲h̲i̲r̲d̲, 12-1201, 12-1740; 19-101 S̲e̲c̲o̲n̲d̲, T̲h̲i̲r̲d̲; K.S.A. 1986 Supp. 19-101a; K.S.A. 19-101b, as amended by L. 1987, ch. 100, section 1; K.S.A. 1986 Supp. 19-211, as amended by L. 1987, ch. 96, section 1; 19-4101 e̲t̲ s̲e̲q̲., 18 U.S.C. section 4001 e̲t̲ s̲e̲q̲.
Author: Robert T. Stephan
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Languages : en
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The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Author: Robert T. Stephan
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Languages : en
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The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).
Author: Robert T. Stephan
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Languages : en
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Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Author: Robert T. Stephan
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Languages : en
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Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Author: Robert T. Stephan
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Languages : en
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The Kansas Open Records Act provides that public agencies may charge reasonable fees for photocopying public records. Fees are reasonable if they do not exceed the actual cost, or costs directly incurred, in providing copies. The twenty cents per page fee charged by Unified School District No. 431 is not unreasonable as it reflects the actual costs incurred in furnishing copies of public records. Cited herein: K.S.A. 45-215; 45-216; 45-219; 5 U.S.C. section 552.
