Volume 10, No. 8 | April 12, 2011

eye on ethics

Q: If my client files a bar complaint against me but doesn’t fire me, do I have to terminate representation?

A: The client’s bar complaint could create a concurrent conflict of interest for you. Read ER 1.7.



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Evolving Law Learning
Our Q&A with Phoenix School of Law Dean Shirley Mays

Read More.



member news


Mayes to Receive 2011 ACLPI Award: Kris Mayes, Professor of Practice and director of the Sandra Day O'Connor College of Law's Program on Law and Sustainability, will receive the Arizona Center for Law in the Public Interest award during the organization’s annual event on Friday, May 6. more»



In the news


Manhattan Federal Judge Kimba Wood Calls Record Companies' Request for $75 Trillion in Damages 'Absurd' in Lime Wire Copyright Case: Does $75 trillion even exist? The thirteen record companies that are suing file-sharing company Lime Wire for copyright infringement certainly thought so. When they won a summary judgment ruling last May they demanded damages that could reach this mind-boggling amount, which is more than five times the national debt. more»


Circuit Won't Reopen Facebook Settlement: The Ninth Circuit U.S. Court of Appeals today rejected the Winklevoss' twins effort to undo a settlement that had ended scorched-earth litigation with archenemy Facebook. more»


from the bar


Online Board of Governors Elections: Online elections begin May 2nd in Maricopa, Pinal and Yavapai counties.  Watch your inbox for a ballot from election@electionsonline.us.  Meet the 21 candidates here.

Minority Bar Convention 2011 - Civil Rights Revisited: There’s still time to register and participate in the 2011 Minority Bar Convention that will be held on April 15 and 16 at the Desert Willow Conference Center. Don’t miss your chance to participate in the yearly conference that may qualify you for 8.5 hours of CLE. more»

Law Day 2011: Bringing iCivics to Life: Make a difference by inspiring students to become interested in civic education on Law Day 2011. As a volunteer, you will engage students from more than 35 schools across the State by facilitating an interactive debate using an actual Supreme Court Case on May 5. more»

Chief Justice Berch and the Arizona Supreme Court Move Forward with a Series of Phase-in Dates for Mandatory Filing: Effective February 1, 2011, following the phased implementation schedule included in this Order, all attorneys are required to e-file post-initiation civil case documents through AZTurboCourt when filing into the Superior Court in Maricopa County. more»

Bar Leadership Institute Seeks 2011-12 Participants: The State Bar of Arizona invites attorneys across the state to participate in its 2011-2012 Bar Leadership Institute. The application process is currently open for the program that runs from September 2011 to May 2012. more»

CLE Event: Working With Returning Veterans: This Continuing Legal Education event will help attorneys working with these service members and veterans to better understand military culture, how deployment and reintegration affect these individuals and how best to assist these clients. more»

Applications for Membership on Attorney Regulation Committee: Applications are now being accepted for membership on the Attorney Regulation Committee (“ARC”).  This Committee shall, as necessary, meet, conduct research, gather information, hear public comment, and make recommendations to the Supreme Court regarding the attorney examination, admissions, reinstatement, disability and discipline process.  more»

Registration Open for Arizona College of Trial Advocacy: The Trial College is open to a select group of 48 attorneys. For more information and an application, click here.




court decisions



Arizona Court of Appeals
Division One
| Division Two

March 24, 2011 – CR 09-0682 – State v. Stapley
Whether the Maricopa County Board of Supervisors' actions in 1994 complied with Arizona Revised Statutes section 38-545 and imposed specific financial disclosure requirements on Supervisor Don Stapley, such that he could be criminally prosecuted for failing to comply with said financial disclosure standards? Read Opinion.

March 31, 2011 – 2 CA-SA 2011-0009 – State of Arizona v. Gannon
Whether a victim’s rights under Arizona’s Victim’s Bill of Rights terminate upon the defendant’s placement on probation. Read Opinion.

9th Circuit Court of Appeals

April 11, 2011 – 10-16645 – United States v. Arizona
In a dispute involving immigration law enforcement statute passe by Arizona, S.B. 1070, judgment by district court granting the United States injunctive relief on sections 2(B), 3, 5(C), and 6 of the statute as likely preempted by federal law is affirmed where judgment was not an abuse of discretion. Read Opinion.

April 7, 2011 – 10–50131- United States v. Ewing

Conviction and sentencing of defendant for counterfeiting currency and the possession of counterfeit currency with the intent to use, 18 U.S.C. sections 471 and 474, is upheld where a warrantless search of a car in which defendant was a passenger was not a constitutional breach since taken on the whole, several interrelated factors converged to create a fair probability that the search would yield evidence of a crime. Read Opinion.





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