Volume 12, No. 4 | February 19, 2013 

eye on ethics

Q: While acting on behalf of my client, may I secretly record my conversation with another a person?

A:  In general, "it is improper for a lawyer to record�any conversation between the lawyer and another person, or between third persons, without the consent or prior knowledge of all parties to the conversation," unless a specifically recognized exception applies. See, Ethics Op. 75-13 and 95-03.


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More Than Limestone
Phoenix Mayor Greg Stanton explores the meaning of the Bill of Rights.

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member news

Mark Harrison of Osborn Maledon Wins 2013 Burnham "Hod" Greeley Award for Justice at Stake Work: Mark Harrison is a member at Osborn Maledon, as well as the board chairman of Justice at Stake. On February at the midyear meeting of the American Bar Association in Dallas, he was given the 2013 Burnham "Hod" Greeley Award. more�

Tsosie Joins Ranks of ASU's Most Prestigious Scholars: Rebecca Tsosie has been named an ASU Regents' Professor, the top faculty award at the university. Tsosie will join two other new Regents' Professors at a ceremony hosted by ASU President Michael M. Crow on Feb. 7. She is the fifth ASU law professor to be so recognized, along with David Kaye (1990), Jeffrie Murphy (1994), Michael Saks (2009) and Gary Marchant (2011). more�

In the news

A Life Cut Short: A reporter remembers classmate Mark Hummels who became another victim of violence against lawyers. more�

Supreme Court Upholds Police 'Dog Sniff' of Truck: The U.S. Supreme Court on Tuesday unanimously upheld a trained police dog's search of a truck for evidence, saying that training and testing records had established the dog's reliability and given the police probable cause. more�

from the bar

Apply by March 7th to run for the State Bar Board of Governors: Openings are available for members in Gila, Graham, Greenlee, Cochise, Pima, Santa Cruz, La Paz and Yuma Counties. For more information and a candidate application package click here.

Apply by March 13th for the Pima County Commission on Trial Court Appointments:  Primary responsibility is to screen, interview and select judicial candidates for submission to the Governor of Arizona for her final selection to fill judicial vacancies. Applications are due by Wednesday, March 13 for one opening in Supervisorial District 2. 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 15, 2013. more�

Bar Flys Complete Benefit Run for Judge Roll Memorial Fund: State Bar members, employees, Arizona law school students, and Arizona law school faculty members -- 83 in all -- successfully participated in P.F. Chang's Rock 'n' Roll Arizona Marathon and Half Marathon "Get Fit Challenge". more�

Input Sought on Admissions Process Changes: The Attorney Regulation Advisory Committee's (ARC) admissions subcommittee now is comprehensively reviewing all aspects of the attorney admission process, including the Supreme Court rules governing examinations, character and fitness review, and the structure and function of the Supreme Court committees carrying out these functions. All interested persons are invited to attend forums addressing discrete parts of the admissions process. more�

Two District of Arizona Bankruptcy Judgeship Opportunities in Phoenix: The U.S. Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for two (2) Bankruptcy Judgeships for the District of Arizona. These positions will be available in March and April, 2014, respectively. Please be aware that the selection process may take up to 10 months to complete. The official duty station for these positions is in Phoenix. more�

How to Save on Office Supplies with Your Member Discount: Members can save 31% to 88% on office supplies, furniture and more at OfficeMax. Members also receive savings on copy and print services at OfficeMax Impress� centers at OfficeMax stores. Click here for your State Bar of Arizona Member Discount Card or for your username and password to purchase online.  For a listing of all State Bar member discounts, click here.

We�ve Got Your Back: Did you know that these insurance providers � Geico; Hester, Heitel & Associates; John Driscoll & Company, Inc; Association Member Benefits and Strategic Wealth Associates � offer special discounts for State Bar members on auto, business, disability and health insurance? Click here for more information, and to see all the member discounts available to you.

court decisions

Arizona Court of Appeals
Division One
Division Two

January 24, 2013 - 1 CA-SA 12-0220 - Bowen Productions, Inc. v. Hon. Colleen French/Evans & Sutherland Computer Corp.
Is a Notice of Non-party at Fault that lacks substantial factual allegations nonetheless valid if seasonably served disclosures adequately reveal the factual basis for the Notice? Read Opinion.

Janurary 31, 2013 - 2 CA-CR 2012-0099 - State of Arizona v. Scott Alan Colvin 
Whether the defendant�s California convictions for driving under the influence of alcohol (DUI) and driving while having a blood-alcohol concentration (BAC) of .08 or above constitute acts that, if committed in Arizona, would be a violation of this state�s DUI and BAC laws such that the California convictions could be used to support aggravated DUI charges under A.R.S. � 28-1383. Read Opinion.

9th Circuit Court of Appeals

February 14, 2013 - 10-56671 - Maxwell v. County of San Diego
Summary judgment for defendants in civil rights action arising out of shooting of woman by her husband, a sheriff deputy, brought against law enforcement officials and paramedics who arrived after the shooting, is: 1) affirmed as to the denial of qualified immunity to San Diego Sheriff�s Department deputies because the delay of the woman's ambulance violated the Fourteenth Amendment due process clause so the officers were liable under the danger creation exception, plaintiffs' multi-hour detention and separation violated the Fourth Amendment's ban on unreasonable seizures, and officers violated the Fourth Amendment when they pepper sprayed plaintiff Jim Maxwell because there was no evidence that he was resisting arrest; but 2) reversed as to the finding of immunity for the Viejas Band Tribal Fire Department paramedics, because they were sued as individuals and therefore did not enjoy tribal sovereign immunity because a remedy under section 1983 would operate against them in their individual capacities, not against the tribe. Read Opinion.

February 14, 2013 - 11-16188 - AT&T Mobility LLC v. Au Optronics Corp.
District court's dismissal of plaintiff's California state law antitrust claims alleging a global conspiracy to fix the prices of LCD panels is reversed and remanded, where: 1) the underlying conduct in this case involves not just the indirect purchase of price-fixed goods, but also the conspiratorial conduct that led to the sale of those goods; 2) anticompetitive conduct by a defendant within a state that is related to a plaintiff's alleged injuries and is not "slight and casual" establishes a significant aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair; and 3) the application of California law does not violate that defendant's rights under the Due Process Clause. Read Opinion.




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