Volume 11, No. 5 | February 28, 2012


eye on ethics

Q: May I accept credit card payments for my legal services?

A: Yes, but if the funds are unearned, they must go in your trust account and you must have funds on hand to cover any shortage caused by a chargeback See ER 1.15(b) and Rule 43(b)(3).

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Concealed Carry
Arizona’s legal battle over concealed weapons is older than the state itself. 

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member news

Snell & Wilmer Attorney James Susa is Elected to Boy Scouts Executive Board: James M. Susa, an attorney in the Tucson office of Snell & Wilmer, has been elected to the Executive Board of the Boy Scouts of America, Catalina Council in Tucson. more»


In the news

Circuit Sends $8.5 Billion BofA Settlement Back to State Court: The U.S. Court of Appeals for the Second Circuit on Feb. 27 said the Class Action Fairness Act of 2005 requires that the case, settled in 2011, be sent back to New York State Supreme Court. more»

SEC Commissioner Calls for Rule Requiring Disclosure of Political Spending: As corporate money continues its steady flow through the post-Citizens United world of U.S. elections, general counsel may soon have a new disclosure item to worry about. more»


from the bar

Run for Election to the Board of Governors: Active members in District 6 (Maricopa County) are encouraged to run for an open seat on the State Bar of Arizona's Board of Governors. Nomination packages are due by March 5. more»

Bar Foundation Seeking Award Nominations: Don't miss the opportunity to nominate the deserving individuals within the legal profession and the justice system in Arizona, for one of the Foundation's annual awards. Nominations are due March 1. more»

Are You Interested in Joining a State Bar Committee? Applications are available online and must be submitted by April 27, 2012. more»

Nominate a Colleague for Annual State Bar Awards: Here’s your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the annual State Bar awards are now being accepted through March 16, 2012 at 5:00 p.m. more»

Nominees for the Division One of the Arizona Court of Appeals Announced: The Commission on Appellate Court Appointments has recommended six nominees to Governor Jan Brewer for two openings on Division One of the Arizona Court of Appeals. more»

State Bar Hires Diversity and Outreach Advisor: The State Bar of Arizona, the State's attorney regulation and consumer protection organization, is pleased to announce the appointment of Elena Soto Nethers to the position of Diversity and Outreach Advisor. more»

Commission Invites Public to Comment: The Arizona Commission on Judicial Performance Review will hold public hearings to take comments from the public about the judges on the 2012 retention election ballot. more»

Four Attorneys Reinstated After Completing Suspensions: The Arizona Supreme Court has ordered that Mark K. Briggs, Edward D. Fitzhugh, Peter Strojnik, and Michael A. Urbano be reinstated as active members of the State Bar of Arizona. more»

Phoenix Attorney Disbarred After Failing to Protect Client Interest: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered disbarment for Gil Shuga of Phoenix. more»

Attorney Faces 150-Day Suspension for Practicing Law During Previous Suspension: The Arizona Supreme Court has ordered that Ronald S. Matheny be suspended from the practice of law for 150 days. more»

State Bar of Arizona Informs Minnesota of Disbarred Member’s Continued Practice of Law: The Minnesota Supreme Court has disbarred Erin Marie Wolff from the practice of law, after learning that she was disbarred in Arizona in 2009. more»

A Better Way to Ingest All Those Business Cards You Get: Business cards are both a blessing and a curse. The blessing is that they provide a quick and easy way to exchange contact information. The curse come when you get back to your office and have to figure out what to do with them. more»

Attend the 9th Circuit Court of Appeals Oral Arguments in Tucson: The U.S. Court of Appeals for the Ninth Circuit will hear arguments at the James E. Rogers College of Law. Seating in the Auditorium is limited. Priority seating is available for law students, attorneys appearing before the court, and others with confirmed reservations. Remaining seats are available on a first-come, first-served basis. more»

2012 BWLAA Awards Luncheon Coming Soon: Join the Black Women Lawyer’s Association of Arizona. Inc, (BWLAA) as they host their annual awards luncheon on Saturday, March 31, 2012. more»



court decisions

Arizona Court of Appeals

Division One
| Division Two

February 16, 2012 - CR 11-0424 - State of Arizona v. Thompson
What is the proper procedure for the court of appeals to follow when it concludes from a review of an Anders brief and any supplemental brief that a non-frivolous issue for appeal exists? Read Opinion.

February 16, 2012 - 2 CA-CV 2011-0027 - Richard Anderson v. Valley Union High School District #22
May a teacher appeal a disciplinary decision of a school district’s governing board beyond the superior court? Read Opinion.


9th Circuit Court of Appeals

February 23, 2012 - 10-15152 - Haskell v. Harris
In a Fourth Amendment challenge to an amendment of California's DNA and Forensic Identification Data Base and Data Bank Act of 1998, which amendment requires law enforcement officers to collect DNA samples from all adults arrested for felonies, the district court's denial of the plaintiffs' motion for a preliminary injunction is affirmed, where the district court did not err in determining that the plaintiffs did not establish a likelihood of success on the merits, because the government’s compelling interests in collecting DNA samples far outweighs arrestees' privacy concerns, and thus there is no Fourth Amendment violation. Read Opinion.

February 23, 2012 - 07-56722 - Movsesian v. Victoria Versicherung AG
In a class action by Armenian genocide victims against various insurers under section 354.4 of the California Code of Civil Procedure, the district court's denial of a motion to dismiss the claims is reversed, as section 354.4 does not concern an area of traditional state responsibility and intrudes on the field of foreign affairs entrusted exclusively to the federal government, and so is preempted. Read Opinion.


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