Attorney General Opinion No. 1995-060 PDF Download
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Author: Carla J. Stovall
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Languages : en
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Kansas courts have allowed covenants not to compete if they are reasonable as to geographic area and time, part of an otherwise valid and enforceable contract, and related to a protectable interest of the employer. The particular contract clause discussed herein does not on its face prevent the hospital from providing the covered service to the public, but rather limits for a time the hospital's hiring of employees of the independent contractor currently providing the service. It is our opinion that the contract term in question is enforceable under Kansas law. Cited herein: K.S.A. 16-112; 50-132.
Author: Carla J. Stovall
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Languages : en
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Kansas courts have allowed covenants not to compete if they are reasonable as to geographic area and time, part of an otherwise valid and enforceable contract, and related to a protectable interest of the employer. The particular contract clause discussed herein does not on its face prevent the hospital from providing the covered service to the public, but rather limits for a time the hospital's hiring of employees of the independent contractor currently providing the service. It is our opinion that the contract term in question is enforceable under Kansas law. Cited herein: K.S.A. 16-112; 50-132.
Author: Carla J. Stovall
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Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Author: Carla J. Stovall
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Languages : en
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A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Author: Carla J. Stovall
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Languages : en
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The federal violence against women act (VAWA) requires that a valid protection order issued by a court of another state or an Indian tribe be accorded full faith and credit by a Kansas court and enforced as if it were a Kansas protection order, provided the due process requirements of 18 U.S.C. section 2265(b) are satisfied. In some instances, full faith and credit may not be granted to foreign mutual protection orders. There is no requirement that the foreign protection order be filed pursuant to the uniform enforcement of foreign judgments act. A Kansas law enforcement officer is not in a position to determine whether the due process requirements were satisfied or whether a mutual protection order is entitled to full faith and credit; this is a decision for a court. Finally, both United States courts and Kansas courts may entertain violations of foreign protection orders. Cited herein: K.S.A. 1994 Supp. 21-3721; 22-2307; 22-2308; K.S.A. 60-3002; 60-3003; 60-3107; 60-3110; 18 U.S.C. sections 2262, 2265; 108 Stat. 1902.
Author: Carla J. Stovall
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Languages : en
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The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Author: Carla J. Stovall
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Languages : en
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A city may not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.
Author: Carla J. Stovall
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Languages : en
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Under the registered nurse anesthetist statutes, the advanced registered nurse practitioner statutes and the advanced registered nurse practitioner regulations, a professional nurse who wishes to practice nurse anesthesia is required to be authorized as a registered nurse anesthetist and to be certified as an advanced registered nurse practitioner in the nurse anesthetist category. Cited herein: K.S.A. 65-1114; 65-1130; 65-1158; K.S.A. 1994 Supp. 65-1162; K.A.R. 60-11-102; 60-11-106.
Author: Carla J. Stovall
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Languages : en
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The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Author: Carla J. Stovall
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The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Author: Carla J. Stovall
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While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
