Attorney General Opinion No. 1995-107 PDF Download
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Author: Carla J. Stovall
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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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Book Description
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: Robert T. Stephan
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Languages : en
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The department of revenue is a public agency whose records are public records under the Kansas open records act. However, release of certain information is prohibited by separate state statute, and disclosure of other information is discretionary with the agency, depending on the nature and characteristics of the records requested. Cited herein: K.S.A. 45-216; 45-217; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138; 77-501; 77-522; K.S.A. 1993 Supp. 79-3234, as amended by L. 1994, ch. 188, section 3.
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 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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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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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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Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.
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.
Author: Carla J. Stovall
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Languages : en
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The Kansas department of transportation is required to disclose records regarding the western leg of the south Lawrence trafficway as requested by a Kansas citizen since formal contracts have been executed for that portion of the trafficway. This is true regardless whether contracts for the eastern leg of the trafficway have been completed. Although some portions of the records requested may fall under the exceptions enumerated in K.S.A. 45-221, the department must separate or delete them and disclose the remaining information. Cited herein: K.S.A. 45-216; 45-217, as amended by L. 1994, ch. 293, section 4; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138.
Author: Carla J. Stovall
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Languages : en
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Notice of meetings of bodies subject to the Kansas open meetings act (KOMA) should be provided to requestors of such notice. The membership of each body should be considered when determining if a majority of a quorum is present at a given discussion on the business of that body. Cited herein: K.S.A. 12-922; 75-4317; K.S.A. 1994 Supp. 75-4317a; K.S.A. 75-4318.
