Attorney General Opinion No. 1993-025 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A city can contract with a financial institution providing lockbox services without complying with K.S.A. 9-1401 et seq. because collection and processing of receipts for city services by such an institution does not constitute a deposit of public funds. Cited herein: K.S.A. 9-1401; K.S.A. 1992 Supp. 9-1402.
Author: Robert T. Stephan
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Languages : en
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A city can contract with a financial institution providing lockbox services without complying with K.S.A. 9-1401 et seq. because collection and processing of receipts for city services by such an institution does not constitute a deposit of public funds. Cited herein: K.S.A. 9-1401; K.S.A. 1992 Supp. 9-1402.
Author: Robert T. Stephan
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Languages : en
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Declaration of a party affiliation is an extension of registering to vote. Declaration of a party affiliation may be conducted only by the county election officer and deputy election officers at places designated by the county election officer. Cited herein: K.S.A. 1991 Supp. 25-2311, as amended by L. 1992, ch. 194, sec. 6; K.S.A. 25-3301; 25-3303; K.S.A. 1991 Supp. 25-3304; 25-3306; L. 1968, ch. 406.
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 Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp.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: 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: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Author: Robert T. Stephan
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Languages : en
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A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Languages : en
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District court rule 3.324 does not sanction the practice of nonjudicial officers admitting persons in custody to bail. Rather, the court has determined bond amounts and types of bonds for certain crimes and the nonjudicial officers are charged merely with executing the court's mandate. K.S.A. 22-2814 et seq. do not authorize the practice of allowing a defendant to post 10% of the bond amount with the clerk of the district court. Furthermore, it is not permissible for a court to retain any portion of a cash deposit for the purpose of bond, however, the "fee" which the third judicial district is currently collecting from the defendants is not a "fine, penalty, or forfeiture" pursuant to K.S.A. 1993 Supp. 20-350 and, therefore, does not have to be turned over to the state treasurer. K.S.A. 22-2809 requires that a court release a surety on the bond if the latter surrenders the defendant and requests discharge from the obligation. Consequently, a court may not impose a condition in the bond obligation which requires that a surety remain liable on the bond until the criminal proceeding is over. Paragraph 15 of the district court rule requires that the court's order reflect the type of bond procedure that the defendant is using. Cited herein: K.S.A. 1993 Supp. 20-350; 22-2802; K.S.A. 22-2809; 22-2814; Kan. Const., art. 2, sec. 16.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1992 Supp. 59-2123(a)(1) which prohibits advertisements relating to adoptions violates the first amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 59-2112; 59-2123; 59-2130; 59-2132.
Author: Robert T. Stephan
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Languages : en
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Article 15, section 15 of the Kansas constitution, the victims' rights amendment, does not exclude municipalities or municipal court proceedings from operation of its provisions. Cited herein: K.S.A. 74-7333; 74-7335; Kan. Const., art. 15, sec. 15.
Author: Robert T. Stephan
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Languages : en
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As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.
