Volume 11, No. 9 | April 24, 2012


eye on ethics

Q: When may screening an affected attorney off of a case be used to resolve a conflict of interest?

A: Only in limited circumstances involving attorneys joining a firm and causing a conflict of interest due to their former clients at their old firm. See ER 1.10(d) for further details.



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member news

Southern Arizona Legal Aid Director Anthony Young Speaks at White House Forum on Legal Aid: Anthony Young, Director of Southern Arizona Legal Aid, was one of six legal services program directors selected to participate in a White House forum examining the state of civil legal assistance for low-income Americans. more»


In the news

Justices to Hear Arizona's Appeal Over Controversial Immigration Law: The Supreme Court is poised to decide whether Arizona can enforce its controversial immigration law over the strong objections of the Obama administration. Oral arguments will be held Wednesday. more»

Will Wal-Mart Regret Not Disclosing Its Bribery Investigation Sooner?: To disclose or not to disclose? That is the burning question that could play a significant role in how federal authorities deal with Wal-Mart Stores Inc. amid allegations that its Mexican subsidiary carried out a bribery campaign to win market dominance. more»


from the bar

The Difference One Day Makes: For "Access to Justice Month," Community Legal Services, DNA People's Legal Services and Southern Arizona Legal Aid tracked what happens in an average day at a legal-aid agency. Learn more about the work of these unsung heroes. more»

2012 Law Day Legal-Aid Clinics: This year, the Bar will host its first annual legal-aid clinics event across the Valley and in Tucson on Saturday, April 28th in celebration of Law Day. Lawyers will provide guests with a presentation on a specific legal topic as well as reserve time for a question and answer period. If you know anyone that would benefit from attending the legal-aid clinics, feel free to share this information with them. more»

Special Election for Board of Governors: Online elections will begin on May 9 to select one member from District 6 (Maricopa County) to serve a two-year term. Meet the candidates here.

Professional Volunteer Openings – Apply By May 4th: The State Bar’s Appointments Committee is accepting applications through May 4th for the following professional volunteer positions:  ABA House of Delegates; Client Protection Fund Board of Trustees; Community Legal Services Board of Directors. more»

YLD Networking Event: Join the State Bar of Arizona's Young Lawyers Division at the Arrogant Butcher on Thursday, April 26 from 5:30-8:30 p.m. for their networking event. Don't miss your chance to engage in business networking and social interaction with young lawyers in Arizona. Complimentary appetizers and desserts will be provided. more»

Convention Fee Waiver: The State Bar of Arizona offers a limited number of seminar registration fee waivers to assist attorneys who are financially unable to attend the annual convention. The waiver applies to the continuing legal education programs only and entitles the recipient to attend any of the seminars during the convention at no cost. Applications must be received by Friday, May 11 and will be reviewed by the Convention Committee. Fee Waiver Form.

Prosecutorial Oversight Discussion: The Arizona Justice Project invites you to join them Thursday, April 26th to discuss attorney accountability in criminal cases as part of a national Prosecutorial Oversight Discussion. Exoneree John Thompson will be present to discuss misconduct from their cases and our panelists will address this issue and how to prevent future prosecutorial misconduct. more»

Exonerated Not Executed: Arizona Justice Project invites you join them Friday, April 27th for "Exonerated Not Executed" marking the 10-year exoneration anniversary of death row exoneree Ray Krone. They will dissect the Krone case with a host of panelists, including DNA analysts, former jurors from the trial, attorneys, and Krone himself. more»

The Night Run Team Challenge: Join legal professionals as they celebrate an evening of fitness and community at the annual Night Run in Scottsdale. Legal professionals have accepted the "team challenge" and are organizing a group comprised of lawyers, law firms, and law-related businesses for the Night Run to have fun and set fitness goals together! more»


court decisions

Arizona Court of Appeals
Division One
| Division Two

April 12, 2012 - CV 10-0175 - Hall v. Read
Did the trial court err in concluding that the phrase "judgment finally obtained," as used in Arizona Revised Statutes section 12-341.01, includes attorneys' fees ultimately awarded by the trial court?    

Is the remedy of rescission available to a subsequent purchaser in connection with a claim for breach of the implied warranty of habitability? Read Opinion.

April 12, 2012 - 2 CA-CR 2011-0244 - State of Arizona v. Jerry Alan Nuckols 
When a trial court has imposed a reasonable deadline for submitting restitution requests and supporting documentation, and when a crime victim subsequently fails to comply with this deadline, may the court then deny the victim’s request based on its untimeliness? Read Opinion.


9th Circuit Court of Appeals

April 23, 2012 - 10-60040 - In re Jacobson
In bankruptcy proceedings in which the trustee filed a complaint claiming that certain money and property belonged to the bankruptcy estate, the bankruptcy appellate panel's rejection of all claims is: 1) reversed in part, where proceeds from the sale of a homestead lost their exempt status under California law; and 2) affirmed in part, where a) rental property and its income was solely owned by the debtor's husband, b) the trustee lacked standing to claim that the husband's inheritance, which was used to purchase the rental property, belonged to the bankruptcy estate from earlier bankruptcy proceedings, and c) judicial and collateral estoppel did not require turnover of the rental property. Read Opinion.

April 23, 2012 - 09-15399 - Meras v. Sisto
The district court's order denying a petition for a writ of habeas corpus is affirmed, where the state court did not unreasonably apply clearly established federal law when it held that forensic lab reports testified to by the report maker's supervisor were not testimonial hearsay statements whose admission violated the defendant's Sixth Amendment right to confrontation, since at the relevant time there was extensive, reasoned disagreement between the lower courts as to the question presented by the defendant's claim, and between the U.S. Supreme Court justices when they reached the issue. Read Opinion.



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