Volume 12, No. 7 | April 2, 2013 

eye on ethics

Q: My client just threatened to commit suicide. May I disclose that information to protect my client?

A: Yes, you may disclose that information to appropriate health care providers to protect your client if you reasonably believe your client intends to harm themselves. ER 1.14, Ariz. Ethics Opinion 91-18.


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member news

Volunteer Attorneys Help to Kick Off Bar's Abogados a Su Lado Public Service Program: Attorneys Emilia Ba�uelos, Jose Antonio Col�n, Lisette Flores, Ray Ybarra Maldonado, Salvador Ongaro, Jose Pe�alosa, and James Winings offered legal advice to 144 consumers on the State Bar of Arizona and Univision 33's Abogados a Su Lado public service program on March 21. During the two-hour kick-off, Abogados a Su Lado volunteers answered in Spanish consumer questions regarding divorce and child support issues.

American Law Institute Elects Marchant to Membership: Professor Gary Marchant of Arizona State University has been named to a prestigious international legal association dedicated to improving the administration of justice. Marchant, Faculty Director of the Center for Law, Science & Innovation, was elected to The American Law Institute, joining eight other faculty members at the College of Law who are members of the Philadelphia-based organization. more�

In the news

Jodi Arias Defense Calls for Juror to be Dismissed: Jurors in criminal trials are supposed to refrain from discussing cases with fellow jurors until they begin to deliberate guilt or innocence at the end of the trial. On Monday, the attorneys for Jodi Arias, who is on trial in Maricopa County Superior Court for killing her secret lover in 2008, asked for a mistrial, claiming that one of the jurors made prejudicial statements in front of other jurors. more�

SCOTUS to Allow Cameras in Court: Chief Justice John Roberts announced on Facebook this morning that the Supreme Court has shifted its position on cameras in the Court. "In light of the overwhelming response to the same-day audio recordings in the same-sex marriage cases last week, we are moving forward with a new plan to introduce the Court into multimedia platforms including television and social media," the Chief Justice wrote in a post that has already received over six million "likes." more�

Prop 8, DOMA, and the Week Standing Became Sexy: The Supreme Court doesn't care about Internet memes or mass protests. The Justices aren't influenced by messages projected on the Court's darkened columns or Facebook profile pictures. The Court cares about standing. more�

from the bar

2013 Minority Bar Convention Kicks Off in Two Days: The 2013 Minority Bar Convention, the "Future of Diversity in the Law," will be held on April 4 and 5 at the Desert Willow Conference Center. Co-sponsored by the Committee on Minorities and Women in the Law, this day-and-a-half conference will offer outstanding programming, education, and networking opportunities for lawyers to hone skills necessary to meeting their clients' demands. You are encouraged to register before March 15 to receive the early bird discount. more�

Meet the 2013 Board of Governors Candidates: Six candidates are running for election in four Board districts.  Online elections will be held in May. more�

Are You Interested in Joining a State Bar Committee? We are now accepting applications for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona.  Applications must be received no later than April 17, 2013.  To learn more about the various committees and to fill out an application click here.

Need New Prom Memories? Come help the Foundation honor the 2012 Top Pro Bono Lawyers all while creating some new fun prom memories!  The event is April 6th from 7 to 10 p.m. at the Stars Ballroom in Mesa. Tickets are $35. more�

Volunteer One Day, Make a Difference for a Lifetime: The State Bar of Arizona seeks 32 volunteer attorneys for its second annual legal aid clinics that will be held across the Valley and in Tucson on Saturday, April 27 in celebration of Law Day 2013. The four Law Day Legal Aid Clinics will offer family law, bankruptcy and foreclosure, landlord and tenant, and immigration sessions that will last 90 minutes. If you're interested in volunteering for one of the sessions, contact Alberto Rodriguez at alberto.rodriguez@staf.azbar.org or 602.340.7293.

Professional Volunteer Opportunities: The State Bar of Arizona encourages you to apply by May 1st for openings on four law-related entities. Apply to serve as an ABA Delegate, a Client Protection Fund Trustee, a Community Legal Services Board Member, or a City of Surprise Judicial Selection Advisory Commissioner.

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�

Sandra Day O'Connor College of Law Receives $1 Million Grant to Continue Operating Western Region Office of the Network for Public Health Law: The two-year grant from the Robert Wood Johnson Foundation will allow the College�s Public Health Law and Policy Program to move ahead in providing legal and policy solutions to professionals dealing with complex public health legal challenges such as emergency preparedness, food safety and health reform. more�

Notice of Availability of Competitive Grant Funds for Calendar Year 2014: The Legal Services Corporation (LSC) announces the availability of competitive grant funds to provide civil legal services to eligible clients during calendar year 2014. A Request for Proposals (RFP) and other information pertaining to the LSC grants competition will be available from www.grants.lsc.gov during the week of April 8, 2013. Refer to www.grants.lsc.gov for filing dates and submission requirements.

Solo and Small Firms Receive Special Savings on Research, Practice Management Software and More: LexisNexis� and the State Bar of Arizona have partnered to provide member benefit pricing for attorneys in solo and small firms. Visit www.lexisnexis.com/bars/ or call 866.836.8116 and say you're a member of the State Bar of Arizona � codeM. For a listing of all State Bar member discounts, please click here.

We Want to Take You Out to the Ballgame: Did you know that State Bar members receive special discounts on Arizona Diamondbacks tickets at selected games? For more information or to purchase your tickets contact Kristen Leetz, Group Sales, 602.462.4243, kleetz@dbacks.com.

court decisions

Arizona Court of Appeals
Division One
Division Two

March 26, 2013 - 1 CA-CV 12-0267 - Kahn v. Arizona Medical Board
1. Whether a vacancy on the Arizona Medical Board prevents the Board from taking disciplinary action against a physician? 2. Whether Arizona Revised Statute Section 12-2604(A), which dictates qualifications for expert witnesses in medical malpractice actions, applies to Arizona Medical Board proceedings alleging violations of the standard of care? Read Opinion.

March 13, 2013 - 2 CA-CV 2012-0125 - MacKinney v. City of Tucson
In a negligence action for injuries on a city-owned golf course, did the trial court err in determining that a golf course is not a protected �premises� under Arizona�s recreational-use immunity statute, A.R.S. � 33-1551, and was the plaintiff a recreational user of that golf course as defined by the statute?  Read Opinion.

9th Circuit Court of Appeals

April 2, 2013 - 12-10483 - United States v. LKAV, Juvenile Male
Order committing juvenile for a study of his competency to stand trial is reversed where the District Court erred by committing the juvenile under 18 U.S.C. section 4241(d), rather than proceeding pursuant to Federal Juvenile Delinquent Act. Read Opinion.

April 1, 2013 - 11-16004 - Westendorf v. West Coast Contractors of Nevada, Inc.
Summary judgment for defendant-employer in a Title VII action claiming sexual harassment and retaliatory discharge is: 1) affirmed in part, where plaintiff did not make out a prima facie case of sexual harassment because the evidence did not support a finding that the offensive sexual conduct of a co-worker and a supervisor was so severe or pervasive that it altered the conditions of the plaintiff�s employment and created a work environment that a reasonable person would consider hostile or abusive; and 2) reversed in part, where the evidence was sufficient to raise a material question of fact as to whether the plaintiff�s complaints were a but-for cause of her termination, and the evidence supported a finding that plaintiff was fired because of her protected activity. Read Opinion.




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