Volume 11, No. 16 | July 31, 2012


eye on ethics

Q: My client just threatened to commit suicide. Do I have to disclose the threat to anyone?

A: Generally, unless the client also threatened to commit a crime that is likely to result in death or substantial bodily harm, then there is no mandatory duty to report under the ethics rules. However, if you feel the threat was genuine, then there is a permissive disclosure exception to the confidentiality rule. See ER 1.6(d)(6) and Ethics Op. 91-18.



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member news

Phoenix School of Law's Penny Willrich to be Recognized by Phi Alpha Delta: In recognition of her contributions to legal education and her professional achievements, Judge Penny L. Willrich (retired), Associate Dean of Academic Affairs and Law Professor at Phoenix School of Law (PSL), was selected by the Phi Alpha Delta (P.A.D) Law Fraternity International to receive The John J. McAulay Legal Educator Award. This award is presented to P.A.D members whose contributions to legal education are based upon a lifetime of dedication to the principles and ideals of integrity, compassion, courage and professional service. more�


In the news

Apple Lawyer says Samsung Deliberately Chose to Copy iPhone: Apple Inc told jurors on Tuesday that Samsung's internal documents show it made a decision to copy the iPhone because the South Korean company could not compete in the smartphone market on its own. more�

Colo. Suspect Charged With 24 Counts of Murder: Colorado prosecutors on Monday charged a former neuroscience graduate student with 24 counts of murder and 116 counts of attempted murder in the shooting rampage at the midnight showing of the new Batman movie. more�


from the bar

Public Asked for Input on Candidates for Arizona Supreme Court: The Commission on Appellate Court Appointments is asking for public comment on nine candidates for an opening on the Arizona Supreme Court created by the nomination and confirmation of Justice Andrew Hurwitz as a judge of the Ninth Circuit Court of Appeals. The candidates are: Michael J. Brown, Christina M. Cabanillas, Kent E. Cattani, John C. Gemmill, Philip L. Hall, Diane M. Johnsen, Douglas L. Rayes, Ann A. Scott Timmer, and Lawrence F. Winthrop. Their applications for the office can be viewed online at the commission’s website, //www.azcourts.gov/jnc.

Bar Flys Challenge You to Get Fit: State Bar of Arizona members, their employees, law students, and law school faculty members are encouraged to join "Team Bar Flys" for the P.F. Chang's Rock 'n' Roll Marathon and Half Marathon in January. The Bar's "Get Fit Challenge" is a friendly competition that offers the first 60 registrants with an incentive to participate--it will subsidize half of your registration fee. more�

Arizona Attorney Magazine Garners Three Awards for Publication Excellence: Arizona Attorney magazine's own Tim Eigo, Karen Holub and Michael Peel each garnered an award for their respective submissions to the 2012 Awards for Publication Excellence (APEX). more�

Coolidge Attorney Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Dennis C. O'Berry be reinstated as an active member of the State Bar of Arizona. more�

Arizona Legal News Updated Daily: Did you know that you can access the latest legal news headlines from Arizona and across the nation on the State Bar's Arizona Attorney Magazine online news center? Bookmark your legal news hub, at //azbar.org/newscenter.

Nominations Open for the Arizona Judicial Branch 20/20 Achievement Awards: One award will be presented in each of the following groups: Probation, Limited Jurisdiction Courts, General Jurisdiction Courts, and one at-large award; for outstanding contributions in meeting the goals of Justice 20/20 "A Vision for the Future of the Arizona Judicial Branch 2010-2015." more�

Public Figures That Shaped Arizona and U.S. Public Lands Policy Featured in Forum: Former Supreme Court Justice Sandra Day O'Connor, and former Secretary of the Interior and Arizona Governor Bruce Babbitt, among other distinguished speakers will discuss the roles of the judicial, executive, and legislative branches of the federal government and how these branches helped the development of Arizona and national public lands and public land laws. more�

Volunteers Sought for Two Arizona Supreme Court Committees: The State Bar of Arizona is currently seeking applicants to fill vacancies on the Arizona Supreme Court Committee on Character and Fitness and the Arizona Supreme Court Committee on Examinations.


court decisions

Arizona Court of Appeals
Division One
Division Two

June 14, 2012 - CV 11-0381 - Marana v. Pima
1.  Is the Town's authority to provide sewer services to its residents pursuant to Arizona Revised Statutes section 9-240(B)(5)(a) superior to the County's  authority to provide sewer services under Arizona Revised Statutes section 11-264(A)? 2.  Does Arizona Revised Statutes section 9-516 prohibit the Town from providing wastewater treatment service to its residents? 3.  Did the Town's 1988 special ballot election authorizing the Town to construct, purchase, acquire, own and operate a wastewater and sewer system satisfy the requirements of Arizona Revised Statutes section 9-514? 4.  Was the Town's annexation of the area including and surrounding the Marana Wastewater Treatment Facility valid? Read Opinion.

June 26, 2012 - 2 CA-CR 2011-0384 - State of Arizona v. Karama Azizi Mwandishi 
Did the trial court err by failing to grant the defendant's motion for a judgment of acquittal in which he argued the state presented evidence only that he had caused a "typical fracture," asserting that is not sufficient proof of serious physical injury to permit a finding of aggravated assault pursuant to A.R.S. �� 13-1204(A)(1) and 13-105(39)? Read Opinion.

9th Circuit Court of Appeals

July 31, 2012 - 11-55026 - Lee v. West Coast Life Ins. Co.
In a suit for breach of contract and breach of the covenant of good faith and fair dealing, arising from a dispute over a life insurance policy with a death benefit of $800,000, the district court's grant of Rule 52(c) motion is reversed and remanded, as the federal interpleader remedy does not shield a negligent stakeholder from tort liability for its creation of a conflict over entitlement to the interpleaded funds, and as such, a claimant may seek to recover all damages directly and proximately caused by the negligent stakeholder's conduct. Read Opinion.

July 30, 2012 - 10-55866 - Bullock v. Berrien
In plaintiff's suit against her former employer, the Equal Employment Opportunity Commission, for disability discrimination pursuant to the Rehabilitation Act, district court's dismissal of the complaint for failure to exhaust administrative remedies is reversed and remanded, as plaintiff did not fail to exhaust administrative remedies by withdrawing her optional administrative appeal to the Commission within 180 days after filing a notice of appeal. Read Opinion.


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