Printable Format78-101. Sureties; public officers and attorneys ineligible; exception. (a) Except as provided by subsection (b), no state or county officers, or their deputies, shall be taken as surety on the bond of any administrator, executor or other officer from whom bond is or may be required by law. No practicing attorney shall be taken on any official bond, or bond in any legal proceedings as aforesaid, in the district in which the attorney resides.
(b) The secretary for children and families, in the secretary's official capacity, shall act as surety on the bond of any conservator providing advocacy services to a conservatee under contract with the agency designated as the Kansas guardianship program established under K.S.A. 74-9601 to 74-9606, inclusive, and amendments thereto.
History: L. 1867, ch. 27, § 1; G.S. 1868, ch. 13, § 1; R.S. 1923, 78-101; L. 1986, ch. 213, § 1; L. 1995, ch. 189, § 7; L. 2014, ch. 115, § 431; July 1.
CASE ANNOTATIONS
1. Attorney as surety. Sherman v. The State, 4 Kan. 570; Cook v. Caraway, 29 Kan. 41. Questioned: Potter v. Payne, 31 Kan. 218, 1 P. 617.
2. Constitutionality of act discussed. Hardesty v. Ball, 46 Kan. 555, 559, 26 P. 959.
3. City court appeal bond signed by attorney held bad. Wald v. Bukaty, 139 Kan. 489, 490, 32 P.2d 456.
4. Mentioned in holding appeal bond lacking surety met requirements of K.S.A. 19-223. Buxton v. Ford County Comm'rs, 170 Kan. 148, 150, 223 P.2d 734.