Ethics Q&A
Q: What do you do when your client no longer has the capacity to make reasonable decisions about the representation?

A: New Ethics Rule 1.14 provides that when a lawyer reasonably believes that the client has diminished capacity and can no longer act in the client's own interest, then the lawyer may take reasonably necessary protective action. Read the new rules.

Need ethics advice? Members of the State Bar can get free ethics advice concerning their own prospective conduct by calling the State Bar's Ethics Hotline at 602-340-7284.

Q & A With Criminal Law Professor
We sit down with Gary Lowenthal, ASU Law professor and author of Down & Dirty Justice, his new book about his year as an Arizona prosecutor. Read the article.

The deadline to pay your Membership dues is February 1. Use our online form to pay now.

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Copyright 2004
State Bar of Arizona

New Technology in Criminal Investigations
World-renowned forensic scientist Dr. Henry Lee returns to Arizona as the featured speaker at this all-day seminar on February 6. Seminar info.

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AZ Juvenile Correction Facilities Faulted
In an investigation spurred by three suicides at Arizona juvenile corrections facilities, the U.S. Department of Justice has found numerous civil rights violations that affect the well-being of youths in the state's care. Read more.

Teen Executions Face Review
The U.S. Supreme Court says it will decide in the next year whether the nation may continue to impose the death penalty on teenagers who kill. Read more.

Waiting for Release of Justice Blackmun's Papers
Scholars and journalists are anticipating the March 4 release of the late Justice Harry Blackmun's papers, which some hope are a treasure of inside information about the Supreme Court. Read more.

Bar to Unveil New Member Web Site
The State Bar will soon launch a brand new Web site,, designed with new tools for Arizona lawyers. Read more.

Apply for Superior Court Judicial Vacancies
Retiring judges have created vacancies on both the Maricopa County Superior Court and the Pima County Superior Court. Applications are now being accepted for both positions. Read more.

Anthony Lewis to Present 5th Annual John P. Frank Lecture
Pulitzer Prize-winning author Anthony Lewis will speak on "Guarding our Freedoms" on Feb. 5, 2004, at the 5th Annual John P. Frank Memorial Lecture. The free public lecture will be held at Mission Palms in Tempe. Read more.

Arizona Court of Appeals
Division One Division Two

January 22, 2004 - CV 03-0262 - Smith v. Arizona Long Term Care System
Are liability insurance proceeds as yet unpaid considered a resource available to a plaintiff as of the accident date, which is the date of the resource assessment? Read opinion.

January 22, 2004 - 2 CA-CR 2002-0466 - State v. Matthew Rueben Monaco
Does Arizona's statutory scheme allow a trial court to apply the doctrines of sentence entrapment or sentence manipulation to reduce a defendant's sentence below the range prescribed by the legislature? Read opinion.

9th Circuit Court of Appeals

January 22, 2004 - No. 02-16780 Miller v. Yuba Cty. Human Services
Noncustodial grandparents, acting as de facto parents to grandchildren who are dependents of the juvenile court, do not have a substantive due process right to family integrity and association with those grandchildren. Placing the grandfather's name on the California Child Abuse Central Index did not constitute a denial of procedural due process. Read opinion.

January 20, 2004 - No. 03-30034 - US v. Deemer
Police officers' actions did not fall within the "emergency exception" to the Fourth Amendment restriction on warrantless searches or seizures. Investigating a 911 phone call originating from room 105 of a large hotel, police had no reasonable basis to associate the possible emergency with defendant's adjacent hotel room. Read opinion.