Ethics Q&A
Q: May a lawyer ethically make an agreement prospectively limiting the client's right file a bar complaint against the lawyer?

A: No. See ER 1.8(h)(2).

Need ethics advice? Call the State Bar's Ethics Hotline at 602-340-7284.

In Defense of Others
Sit down and get to know Fred Kay, former Federal Public Defender for the District of Arizona for more than three decades. Read the article.

Always Here...

Member Assistance Program
Offering attorneys assistance with mental health or behavioral problems. Confidential calls: 602-340-7334 or a 24-hour crisis line at 800-681-3057.

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Copyright 2005
State Bar of Arizona

Build Your Arizona Practice
Business law, probate matters, wills and trusts, personal injury, and trial law are taught by some of Arizona's finest attorneys in this two-day series, January 12-13, 2005. Seminar info.

AzbarMail: Learn more about new e-mail service for members only.

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9th Circuit: Employer Can Force Women to Wear Makeup
In a case that attracted numerous amici curiae, a divided 9th U.S. Circuit Court panel ruled that a woman who was fired from her casino bartender job for refusing to wear makeup cannot sue for sex discrimination. Read more.

Sex Predator Can Sue Over Jail Treatment
Individuals civilly confined as sexually violent predators must be treated better than criminal inmates while kept at county jails, the 9th U.S. Circuit Court of Appeals ruled. Read more.

Limiting Length of Service on U.S. Supreme Court
Noted law professors are seeking to change the current process that makes appointments to the U.S. Supreme Court a lifetime term. The professors hope to advance a plan that would, in effect, force justices into senior status after about 18 years. Read more.

Board Considers Discipline Information on Web Sites
The State Bar Board of Governors is examining how best to display discipline information about lawyers on the State Bar Web sites. This notice is intended to briefly inform you about the issue and give you the opportunity to submit comments or questions. Read more.

The Calendars are Coming!
The popular State Bar calendar strips will be distributed again this year to Bar members. You will receive one with your 2005 Bar card. The strips easily attach to the frame of your computer monitor for quick viewing all year long.

Supreme Court Offers Free CLE Seminar
Learn about the new Complex Civil Litigation Court in Maricopa County at this free presentation on Feb. 3, 2005. Read more.


Arizona Court of Appeals
Division One Division Two

December 23, 2004 - CV 03-0722 - Nelson v. Grayhawk
Is a negligent contractor or developer relieved of liability for its own negligence in improving or maintaining a roadway just because a municipality also has separate, non-delegable duty to keep the roadway? Read opinion.

December 22, 2004 - 2 CA-CR 2002-0386 - State v. Derek Scott Oaks
Is a fifteen year old charged with committing a violent crime recklessly and tried as an adult pursuant to A.R.S. � 13-501 entitled to a recklessness instruction requiring a "gross deviation from the standard of conduct that a reasonable person of age 15 would observe in the situation?" Read opinion.

9th Circuit Court of Appeals

December 30, 2004 - No. 02-56002, 02-56067 - Marshall v. Marshall
All federal courts, including bankruptcy courts, are bound by the probate exception to federal court jurisdiction. Read opinion.

December 29, 2004 - No. 03-50304 - U.S. v. Lopez-Zamora
The 2001 Sentencing Guideline amendments do not categorically forbid a district court from departing due to the minor nature of the underlying felony. Read opinion.