Volume 11, No. 12 | June 5, 2012


eye on ethics

Q: If I get married and change my name, may I continue to use my maiden name in practice?

A: Yes, so long as you have the name you are practicing under on record with the State Bar. See Ethics Opinion 12-02.



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Read our annual coverage of the largest civil verdicts from the previous year. 

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member news

Legal Education Group Honors Ninth Circuit Judge: A federal judge who has helped hundreds of young people in the Phoenix area to better understand the law and judicial system will be honored later this month by the Arizona Foundation for Legal Services and Education. more�


In the news

Has Google Become a Generic Term? Thermos. Yo-Yo. Escalator. Zipper. All are examples of trademarks that have seen their legal protection disappear in the United States. These innovative terms have over time become so associated with products that the terms are deemed generic and thus not necessarily deserving of intellectual property protection. more�

Juror's Lies Lead to New Trials for 3 of 4 Tax Shelter Defendants: A juror's cover-up of her identity as a suspended lawyer led a federal judge yesterday to order new trials for three defendants in the Jenkens & Gilchrist tax shelter case. But the judge denied a new trial for a fourth defendant, finding his lawyers had reason to know the juror's real identity and kept that knowledge to themselves. more�

Ex-Am Law Associate Kluger Gets 12-Year Sentence in Insider Trading Scheme: Former attorney Matthew Kluger was sentenced Monday to 12 years in prison for his role in a massive insider trading scheme that carried on for nearly two decades and was made possible in large part by his position as an associate with a series of Am Law 100 firms. more�


from the bar

State Bar Announces 2012 Board of Governors Special Election Results: The State Bar of Arizona welcomes two new members to its Board of Governors. more�

Discipline Oversight Committee Public Meeting: State Bar members and the public are invited to comment on the current proposal to modify the disclaimer on the State Bar’s "Find a Lawyer" feature on azbar.org. The meeting, to be held on Tuesday, June 19, will feature a brief presentation and comment period. more�

Iraq Chief Justice to Present FREE CLE Session at State Bar Convention: Nearly a decade after the U.S. led invasion that brought about regime change, Iraq’s Chief Justice discusses the state of the country’s judiciary. The Honorable Medhat al-Mahmoud, Chief Justice of Iraq and President of the Iraqi Higher Judicial Council, along with Tom Monaghan, Nebraska judge who led legal reform projects in Kosovo, will lead this FREE convention CLE. more�

Applications Now Open for 2012-13 Bar Leadership Institute: The Institute is a one-year program designed to foster the professional growth and enhance the leadership skills of a diverse group of Arizona attorneys. Learn about the program and how you can participate by clicking here.

Conference Exhibitors Offer Solutions: Looking for solutions to make your law practice more efficient?  Click here to view the companies exhibiting at this year’s convention, as well as access direct links to their websites where you will learn about the specialized products and services they offer to the legal industry.

Scottsdale Attorney Reinstated After Completing Suspension: The Arizona Supreme Court has ordered that Donald G. Yearin be reinstated as an active member of the State Bar of Arizona. more�

Attorneys Hughes and Miranda Disbarred After Failing to Protect Client Interest: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered disbarment for Mark J. A. Hughes of Glendale and Victoria R. Miranda of Phoenix. more�

Phoenix Attorney Reinstated After Completing Suspension: The Arizona Supreme Court has ordered that Garvey M. Biggers be reinstated as an active member of the State Bar of Arizona. more�

Supreme Court Censures Pro Tem Municipal Court Judge: The Commission on Judicial Conduct announced today that the Arizona Supreme Court has censured Judge Caryl Parker for misconduct in office. Judge Parker has served as a pro tem justice of the peace in Maricopa County since 2003, and has served as a pro tem municipal court judge in the Chandler Municipal Court since 2000. more�

court decisions

Arizona Court of Appeals
Division One
| Division Two

May 10, 2012 - CV 10-0851 - Castle v. Barrett-Jackson
Did the trial court err in finding that Barrett-Jackson had made no representations about the Vehicle under the Consumer Fraud Act? Read Opinion.

May 17, 2012 - 2 CA-CR 2010-0380 - State of Arizona v. James Darrell Johnson 
1. Was there sufficient evidence supporting the jury’s finding the murder was committed in an especially cruel, heinous, or depraved manner? 2. Did the trial court abuse its discretion in precluding Johnson from presenting diminished capacity evidence pursuant to State v. Mott, 187 Ariz. 536, 931 P.2d 1046 (1997), and A.R.S. � 13-502, when that evidence was relevant to rebut the state’s allegation of aggravating factors? Read Opinion.

9th Circuit Court of Appeals

June 5, 2012 - 09-16830 - Xiong v. Felker
Petition for habeas corpus relief from conviction of second degree murder and sentence of 15 years to life is denied where the Court of Appeals' decision was not an unreasonable application of petitioner's Sixth and Fourteenth Amendment rights under AEDPA's stringent standards. Read Opinion.

June 5, 2012 - 10-16696, 11-16577 - Perry v. Brown
In a petition for rehearing en banc regarding Proposition 8, California's voter-approved gay marriage ban, the matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration, thus the petition for rehearing en banc is denied. The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court. Read Opinion.



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