1992-088•Kansas Attorney General Opinion 1992-088
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ROBERT T. STEPHAN ATTORNEY GENERAL July 7, 1992 ATTORNEY GENERAL OPINION NO. 92-88 Chris Biggs Geary County Attorney Courthouse Junction City, KS 66441 Re: Procedure, Civil -- Process -- Summons; Private Process Server Fees and Salaries -- Fees in All Counties and Salaries in Certain Counties -- Allowable Fees for a Private Process Server Synopsis: Since the language of the statutes do not allow for an increase in the allowable fees for private process servers and because the county's home rule powers (K.S.A. 19-101) would not be applicable in this instance, it is this office's opinion that the county cannot compensate private process servers in an amount in excess of that which is set out in K.S.A. 1991 Supp. 28-110. Cited herein: K.S.A. 1991 Supp. 28-110; 60-303(3). * Dear Mr. Biggs: As Geary county attorney you request our opinion as to whether a private process server who was appointed by the court pursuant to K.S.A. 1991 Supp. 60-303(3) would be limited to the fees set out in K.S.A. 1991 Supp. 28-110 or if the county would be able to contract with an individual for the
service at a rate in excess of the fees listed in K.S.A. 1991 Supp. 28-110. The relevant part of K.S.A. 1991 Supp. 60-303(3) states: "A process server or an authorized attorney may make the service anywhere in or out of the state and shall be allowed the fees prescribed in K.S.A. 1991 Supp. 28-110 and amendments thereto, for the sheriff." Based on the fact that the statute does not have any language which gives any leeway regarding the amount of fees to be paid to process servers, we must follow the general rule that "when a statute is plain and unambiguous the court must give effect to the intention of the legislation as expressed, rather than determine what the law should or should not be." State v. Coley, 236 Kan. 672, 675 (1985); Randall v. Seeman, 228 Kan. 395 (1980). Therefore, since the language of the statutes (K.S.A. 1991 Supp. 28-110 and 60-303(3)) do not allow for an increase in the allowable fees for private process servers and because the county's home rule powers (K.S.A. 19-101) would not be applicable in this instance, it is this office's opinion that the county cannot compensate private process servers in an amount in excess of that which is set out in K.S.A. 1991 Supp. 28-110. Very truly yours, ROBERT T. STEPHAN ATTORNEY GENERAL OF KANSAS Mary Jane Stattelman Assistant Attorney General RTS:JLM:MJS:bas
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