Attorney General Opinion No. 1994-068 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A juvenile offender who turns eighteen while residing in a juvenile facility may not be placed in jail to serve out the rest of his or her disposition. A person who is convicted of a traffic offense when the person is seventeen but who turns eighteen before sentencing may be required to serve his or her sentence in jail. A juvenile offender between the ages of eighteen and twenty who commits a traffic offense may be required to serve his or her sentence in jail. Cited herein: K.S.A. 1993 Supp. 8-2117; 21-3611; K.S.A. 38-1602, as amended by 1994 S.B.'s No. 500, 657, 853; 38-1604; 38-1636; 38-1663, as amended by 1994 S.B.'s No. 500, 657, 853.
Author: Robert T. Stephan
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Languages : en
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A juvenile offender who turns eighteen while residing in a juvenile facility may not be placed in jail to serve out the rest of his or her disposition. A person who is convicted of a traffic offense when the person is seventeen but who turns eighteen before sentencing may be required to serve his or her sentence in jail. A juvenile offender between the ages of eighteen and twenty who commits a traffic offense may be required to serve his or her sentence in jail. Cited herein: K.S.A. 1993 Supp. 8-2117; 21-3611; K.S.A. 38-1602, as amended by 1994 S.B.'s No. 500, 657, 853; 38-1604; 38-1636; 38-1663, as amended by 1994 S.B.'s No. 500, 657, 853.
Author: Robert T. Stephan
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Languages : en
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A county commission has the authority to designate an "open range road." Subsequently a township is responsible for the maintenance and repair of the road if the road is a township road. A county commission has the authority to vacate a road. Compensation for township officials varies with the township and duties of the officials. Cited herein: K.S.A. 68-102; 68-114; 68-128a.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exceptions listed in K.S.A. 1994 Supp. 45-221. An agency shall not be required to disclose records of a utility unless the request concerns billings for a specific individual customer named by the requester. A request for records which does not fall under an exclusion listed in K.S.A. 45-221 (a) cannot be denied for the reason that the requester plans to contact those listed for the purpose of purchasing property or services. Cited herein: K.S.A. 21-3914; 45-216; 45-220; K.S.A. 1994 Supp. 45-221, as amended by L. 1996. ch. 196, section 1 and ch. 256, section 15.
Author: Robert T. Stephan
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Languages : en
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The board of county commissioners may vacate county roads without the presentation of a petition in accordance with the provisions in K.S.A. 68-102a. Cited herein: K.S.A. 19-101; K.S.A. 68-102; 68-102a.
Author: Robert T. Stephan
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Languages : en
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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Robert T. Stephan
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Languages : en
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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Author: Robert T. Stephan
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Languages : en
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New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.
Author: Robert T. Stephan
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Languages : en
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A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
Author: Robert T. Stephan
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Languages : en
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The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.
Author: Carla J. Stovall
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Languages : en
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A person appointed to serve as a member of a district judicial nominating commission holds a "public office" and, therefore, is precluded from serving as a nonlawyer member of the supreme court nominating commission. Cited herein: K.S.A. 20-2903; 20-2905; K.S.A. 1994 Supp. 20-2906; K.S.A. 20-2907; 20-2909; Kan. Const., art. 3, section 5.
