Volume 11, No. 22 | October 23, 2012


eye on ethics

Q: May my website address use a ".org" suffix?

A: Yes. Ariz. Ethics Op. 11-04 modified the prior ethics opinion on the subject, and now, as long as the URL is not misleading, a private for-profit law firm may use a ".org" suffix.



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member news

Local Attorney Receives Benevilla Award: Benevilla named Sun City attorney Carrie Kulesh as the recipient of the fifth annual Benevilla Legacy Champion Award.

The Legacy Champion Award recognizes an individual who supports Benevilla by providing services to the community, is an active volunteer in the community and who gives back to those they serve professionally. more»


In the news

Ex-CIA Officer Pleads Guilty to Identifying Agent: A former Central Intelligence Agency officer pleaded guilty on Tuesday to disclosing the identity of a covert agent, saying he revealed the name in an email to a journalist in 2008. more»

NJ Court Officials Consider Pro Bono Rule for Aspiring Lawyers: Following the lead of the New York state court system, New Jersey's top judge has formed a committee to consider requiring prospective attorneys to complete pro bono work before being admitted to the state bar. more» 


from the bar

State Bar Updates Trust Account Manual: The State Bar of Arizona has updated its trust account manual, which it first produced in 2010. The manual, available for free here, is a compilation of trust accounting principles, rules, best practices and forms, and was produced by staff members of the State Bar’s Lawyer Regulation Office and Special Services Department. more»

Change in Rules for Filing Special Actions: Court of Appeals, Division I has made some changes to how Special Actions are filed in their court. The changes will take effect, Jan. 1, 2013. more»

How Do Voters Know How to Vote on Judges? Most voters will find themselves asking, "How am I supposed to know how to vote for these judges?"  The Arizona Commission on Judicial Performance Review actually conducts evaluations, takes public comment and produces a report each election cycle to provide voters with information about the judges. Learn more on how judges perform by clicking here.

State Bar Rules Committee Seeks Your Feedback: The Civil Practice and Procedure Committee has submitted a proposed rule change to Rules 7.1 and 56 regarding limits on motions to strike.  The Rules Committee is asking for comments to these proposals.  If you wish to do so, please submit your comment no later than November 5th to rules@azbar.org. View the proposed changes here.

Offer Your Insight to the Rules Committee's Proposed Changes to Rules 16 and 38.1: The Rules Committee is seeking comments on a comprehensive petition proposed by the Civil Practice and Procedure Committee to amend Rules 16 and 38.1 to change case management and trials setting rules.  If you wish to submit a comment, please do so to rules@azbar.org no later than November 5th. View ther proposed changes here.

Help to Maintain the Integrity of Judicial System: The State Bar Standing Appointments Committee is seeking applicants for the Arizona Commission on Judicial Conduct. The commission addresses issues concerning the interpretation of the Canons of Judicial Ethics and investigates complaints against members of Arizona’s judiciary.   Interested and qualified attorneys are encouraged to apply by Tuesday, November 13. more»

Make a Difference in Native American Legal Services: The State Bar of Arizona Standing Appointments Committee is seeking applicants for the DNA-People’s Legal Services, Inc. Board of Directors. The board provides direction to the largest Native American legal services program in the country. Interested and qualified attorneys are encouraged to apply by Tuesday, November 13. more»

State Bar of Arizona Wins National Award for Publication: The National Association of Bar Executives (NABE) on Oct. 12 presented the State Bar of Arizona a 2012 Luminary Award for Excellence in Regular Publications, large bar category, for Arizona Attorney Magazine. more»

The State Bar Offers Information on Prop 115: On November 6th, voters in Arizona will decide whether to change some portions of Merit Selection with their vote on Proposition 115. The State Bar of Arizona is one of the groups that negotiated the language of this referendum. Read more about the Bar's position and Proposition 115 here.

Ann Scott Timmer Appointed to Arizona Supreme Court: Governor Jan Brewer announced the appointment of Arizona Court of Appeals Judge Ann Scott Timmer to the Arizona Supreme Court. Judge Timmer, 52, is the fourth woman since statehood to be appointed to the Arizona Supreme Court. She was among three finalists nominated for Governor Brewer’s consideration by the Commission on Appellate Court Appointments. more»

Comparing Hate Speech in Europe and the United States: A debate between two internationally recognized experts on the law and philosophy of free speech will take place at the Sandra Day O’Connor College of Law at ASU on Friday, Oct. 26. "The Legal Response to Hate Speech: Should the U.S. be more like Europe?," will feature Professor Jeremy Waldron, of New York University and All Souls College, Oxford University, and author of the new book, The Harm in Hate Speech, and Professor James Weinstein, of the Sandra Day O’Connor College of Law, and co-editor of Extreme Speech and Democracy. The event, free and open to the public, will begin at noon in the Great Hall of Armstrong Hall on ASU’s Tempe campus, and will be followed by a book-signing with Professor Waldron. more»

Save the Date for the Byron McCormick Society for Law and Public Affairs Lecture: Join the James E. Rogers College of Law as it hosts the 2012 Byron McCormick Society for Law and Public Affairs Lecture featuring Morris Dees, Founder and Chief Trial Attorney of the Southern Poverty Law Center. His lecture, "With Justice for All," will be held on Thursday, November 8. more»

Applications for the John R. Justice (JRJ) Student Loan Repayment Program Due This Friday:  The Administrative Office of the Courts is pleased to announce the approval of Arizona’s application for funding through the John R. Justice Program for fiscal year 2012.  The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by lessening the burden of student loan obligations.

Prosecutors and public defenders are encouraged to apply as soon as possible to be considered for awards under the JRJ Program.  Applications must be postmarked by Friday, October 26, 2012. more» 

court decisions

Arizona Court of Appeals
Division One
Division Two

October 2, 2012 - 1 CA-TX 11-0004 - Home Depot v. Ador
May a retailer who is paid in full by its private-label credit card companies for goods it sells nonetheless claim a bad debt deduction on accounts that become delinquent with the lender? Read Opinion.

October 18, 2012 - 2 CA-CV 2012-0060 - Mahar v. Acuna, II
In this protective order proceeding, did the trial court abuse its discretion by prohibiting the defendant from possessing firearms in the absence of any showing that he posed a threat to the physical safety of the plaintiff or any other person? Read Opinion.

9th Circuit Court of Appeals

October 22 - 10-72356 - Ctr. of Biological Diversity v. U.S. Bureau of Land Mgm't.
In a suit challenging the decision by the Bureau of Land Management to authorize the Ruby Pipeline Project which involves the construction, operation, and maintenance of a 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon, petition for review of the Orders of the Bureau of Land Management and the Fish and Wildlife Service is: 1) granted and vacated as to the the Biological Opinion's reliance on the Conservation Action Plan, where it is inconsistent with the statutory scheme and is therefore invalid as arbitrary and capricious; 2) granted and vacated as to the incidental take conclusions for listed fish species as the Opinion was arbitrary and capricious in failing to examine the relevant data and articulate a satisfactory explanation for its action including a rational connection between the facts found and the choice made in remaining silent on the potential impact of the project's proposed groundwater withdrawals; but 3) denied as to the petitioners' remaining challenges to the Opinion. Read Opinion.

October 19, 2012 - 09-72603 - Garfias-Rodriguez v. Holder
A Mexican citizen's petition for review of BIA's removal order is denied where: 1) deferring to the BIA's decision in Briones, aliens who are inadmissible under INA section 212(a)(9)(C)(i)(I) may not apply for adjustment of status under section 245(i); 2) under the five-factor test of Montgomery Ward, this rule can be properly applied to petitioner because he filed his section 245(i) application before any court ruled he was eligible to do so; and 3) 8 U.S.S.C. section 1229(e) unambiguously provides the Attorney General with the same authority to promulgate 8 C.F.R. section 1240.26(i), and petitioner's grant of voluntary departure terminated upon his decision to file a petition for review. Read Opinion.


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