Ethics Q&A
Q: Can a fee agreement include a provision regarding fee arbitration?

A: Yes, with appropriate disclosures to clients regarding waiving the right to a jury, etc. Read Ariz. Op. 94-05.

Achieving Better Settlements

Russell Piccoli has worked as a judge pro tem and saw firsthand how the settlement process can end in failure. Here's a new approach. Read the story.

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Ninth Circuit Allows Religious Fliers in Schools
A 9th Circuit Court of Appeals ruling could open the door for more religious brochures in public schools, while at the same time placing limits on the expression of religious viewpoints. Read more...

Napolitano Appoints 2 Judges to Appeals Court
Gov. Janet Napolitano has appointed Tucson lawyer Peter Eckerstrom and Phoenix lawyer Donn Kessler to the Arizona Court of Appeals. Read more...

Former Ariz. Chief Justice Mourned
Mourners paid respects this past weekend to James Duke Cameron, a former Arizona Supreme Court justice remembered for several key rulings. Read more...


State Bar Announces Award Winners
Fourteen attorneys will receive awards or recognition at the State Bar of Arizona's annual convention in June. Read more.

Make Your Opinion Count
We want you to help us improve eLegal. Complete our very short online reader survey. One lucky participant will win a Palm Pilot. Read more.

Still Time to Register for Convention
You can still register for the State Bar's Convention held this year June 11 - 14 at the Phoenician in Scottsdale. Register online or at the Bar office through Friday, June 6. After that, you can register onsite at the Convention. Read more & register.

Arizona Court of Appeals
Division One Division Two

May 23, 2003 - 2 CA-CR 2001-0033 - State v. John Robert Esser
Was evidence of DUI defendants' alcohol breath test results inadmissible based either on a defense expert's testimony that the Intoxilyzer 5000 is incapable of testing breath specimens that are "alveolar in composition," as an administrative regulation requires, or on the Frye standard for admissibility of scientific evidence? Read opinion...

May 23, 2003 - 2 CA-SA 2003-0033 State v. Jonathan McMullen
Do Apprendi and its progeny require a jury to find beyond a reasonable doubt any aggravating circumstances for sentencing purposes in a noncapital case, thereby rendering unconstitutional A.R.S. �� 13-702 and 13-702.01, which provide that the trial judge is to make such findings based on any evidence in the record? Read opinion...

9th Circuit Court of Appeals

May 27, 2003 - No. 02-70048 - Hernandez-Martinez v. Ashcroft
An Arizona statute under which an alien was convicted for aggravated driving under the influence statute was divisible, and its range does not include only crimes of moral turpitude for purposes of assessing deportability. Read opinion...

May 20, 2003 - No. 98-50330 - U.S. v. Odom
A bank robber with a concealed gun, who never mentions or insinuates having one but displays it inadvertently, cannot be convicted for armed bank robbery under 18 U.S.C. section 2113(d). Read opinion...