Volume 10, No. 9 | April 26, 2011

eye on ethics

Q. May a lawyer and client agree that the lawyer will keep the client’s closed file for a specific length of time?

A. Yes. Read Op. 08-02


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member news


New Bill Lets Voters Weigh-in on Merit Selection: For the first time since 1992 Arizona voters will have the chance to make changes to the way we select and retain judges. Senate Concurrent Resolution 1001 passed out of the legislature last week and will be on the general ballot in November of 2012. more»


member news


Governor Jan Brewer Announces Joe Sciarrotta as General Counsel: “Mr. Sciarrotta is an expert in the legal issues facing state government, having served the past year as general counsel at the Arizona Department of Administration and chairman of the Governor’s Regulatory Review Council,” said Governor Brewer. more»< /FONT>



In the news


Lawyer Resigns Over Same-sex Marriage Decision: King & Spalding announced Monday that it would no longer represent congressional Republicans in lawsuits over same-sex marriage, winning applause from gay-rights advocates while costing the firm its chief appellate lawyer, Paul Clement, who resigned in protest. more»< /SPAN>

Feds May Use Company VP to Beef-up Case Against Corporate Lawyer: THE FEDERAL TRIAL of an indicted former in-house lawyer for GlaxoSmithKline begins Tuesday, and it looks like the government is willing to give up prosecuting a Glaxo vice president in order to strengthen its case against the lawyer. more»



from the bar


Online Voting Begins May 2nd/Candidate Withdraws:  Board of Governors elections will be held in Maricopa, Pinal and Yavapai counties.  Watch your inbox for a ballot from election@electionsonline.us.  James J. Belanger (District 6 - Maricopa) has withdrawn his candidacy.  Meet the other candidates here.

Register Today - 78th Annual State Bar of Arizona Convention in Tucson: The State Bar’s annual convention is rapidly approaching. It will be held from June 15-17 at the Westin La Paloma Resort in Tucson, Ariz. Register for the conference today by clicking here.

Law Day 2011 - Volunteers Needed for Far East Valley and other Arizona Towns: Attorneys that live or practice near the towns of San Tan Valley, Thatcher, Tonto Basin, and Williams are asked to 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»

Arizona Attorney Features Dean Shirley Mays of the Phoenix School of Law: The April edition of Arizona Attorney magazine features a Q&A with another of Arizona's legal education leaders, this time with Dean Shirley Mays of the Phoenix School of Law (PSL). more»

Attorney Faces Disciplinary Action for Engaging in Criminal Activity and Failing to Protect Client Interest: The Arizona Supreme Court has ordered that William M. Labuda, Jr., who formerly practiced in Bullhead City, Ariz., be suspended from the practice of law for 21 months. more»

Volunteer For Law-Related Activities: Apply by May 2nd to serve on the Client Protection Fund Board of Trustees or the Supreme Court’s Committee on Character and Fitness, or as a State Bar ABA Delegate.

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»

Chief Justice Berch and the Arizona Supreme Court Strengthen Their Dedication to Electronic Filing in Arizona: 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»

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

April 19, 2011 – CR 09-0523 – Wickham v. Hopkins
At the time of a Friday night party at a private residence, did the homeowners, their
teenage daughter, or their chaperone owe a duty of care to the plaintiff who was injured in an altercation with other party-goers on the street near the home? Read Opinion.

April 12, 2011 – 2 CA-CR 2010-0088 – State of Arizona v. Edward Porter Bolding
Does A.R.S. § 13-4033(C), which bars a direct appeal by an absconding defendant who delays his or her sentencing beyond ninety days, apply to a defendant whose offenses were committed before the effective date of this subsection but who was found guilty and absconded after its effective date?

If so, can the statute be applied to such a defendant in a constitutional manner if the defendant did not have notice he could be barred from the right to appeal if he voluntarily absented himself, and should the state’s motion to dismiss the appeal be granted? Read Opinion.

9th Circuit Court of Appeals

April 25, 2011 – 07–36086 – Miller v. Oregon Board of Parole and Post Prison Supervision
In a habeas dispute involving whether a state statute creates a liberty interest in early eligibility for parole, judgment of the defendant denying early parole is affirmed where Or. Rev. Stat. section 163.105(3) creates such interest, but defendant did not violate due process rights of petitioner when it denied him early parole.
Read Opinion

April 20, 2011 – 09-16775 – Bibbins v. United States of America
Conviction and sentencing of defendant for resisting a government agent and obstructing a license plate is upheld where sufficient evidence supports the mens rea element that he acted willfully. Read Opinion.



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