75-704. Aid to county attorneys; opinions. The attorney general shall consult with and advise county attorneys, when requested by them, in all matters pertaining to their official duties. The attorney general shall also, when required, give his or her opinion in writing, without fee, upon all questions of law submitted to him or her by the legislature, or either branch thereof, or by the governor, secretary of state, state treasurer, state board of education, or commissioner of insurance.
History: L. 1879, ch. 166, § 73; R.S. 1923, 75-704; L. 1968, ch. 14, § 2; L. 1974, ch. 364, § 15; January 13, 1975.
Source or prior law:
L. 1861, ch. 58, § 45; G.S. 1868, ch. 102, § 66.
Cross References to Related Sections:
County attorney, see chapter 19, article 7.
District attorney, see chapter 22a, article 1.
Law Review and Bar Journal References:
Opinion of attorney general discussed in article concerning parole eligibility of prisoners serving consecutive sentences in Kansas, Malcolm E. Wheeler, 21 K.L.R. 167, 175 (1973).
Kevin Salazar, Independent Counsel: The Interest of Justice Demands Neutral Prosecution in Local Affairs, 32 Kan. J.L. & Pub. Pol'y 123, 125 (2023).
Attorney General's Opinions:
Sewage disposal works; costs; methods of assessment. 82-276.
Contract clause is violated when state law in fact operates as a substantial impairment of a contractual relationship. 2011-25.
Kansas lottery employees and affiliation with casino's player's club; acceptance of benefits. 2012-14.
CASE ANNOTATIONS
1. Respective duties of county attorney and attorney general discussed. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 108, 12 P.2d 816.
2. When attorney general prosecutes case at county attorney's request, attorney general can be removed only for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 576, 673 P.2d 1188 (1984).
3. K.S.A. 75-704 is consistent with long-held view that giving advisory opinion is an executive, not judicial, power. State ex rel. Morrison v. Sebelius, 285 Kan. 875, 885, 179 P.3d 366 (2008).
4. Cited; court imposes sanctions on former attorney general relating to records taken from attorney general's office. Comprehensive Health of Planned Parenthood v. Kline, 287 Kan. 372, 413, 197 P.3d 370 (2008).
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