Volume 12, No. 14 | July 9, 2013 

eye on ethics

Q: May I use an online coupon service to help stimulate business for my law practice?

A:  No.  The use of such services raises a multitude of problems including, but not limited to, disclosing confidential information to third parties (ER 1.6), failing to provide enough information to perform an adequate conflicts check (ER 1.7), and splitting fees with a non-lawyer (ER 5.4). For a more complete discussion on this topic, read Ariz. Ethics Opinion 13-01.


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member news

Arizona Attorneys Continue to Help Consumers: The State Bar of Arizona continues to offer quality consumer-related programs because of the generosity of committed lawyers. This evening, volunteer attorneys Denise M. Blommel, Dawn Farrison, Trey Dayes, Richard Galvan, Don P. Johnsen, Leah Lewandowski, Michelle Matheson, Shari C. Mauney and Jessica L. Post will answer consumers' employment and labor law questions on the State Bar of Arizona and 12 News' Lawyers on Call program. more�

Victim Services Division of the Pima County Attorney's Office Named as Hodson Award Winner: The American Bar Association's Government and Public Sector Lawyers Division named the Victim Services Division of the Pima County Attorney's Office as 2013 Hodson Award Winner. Its rapid response to the tragic mass shooting in Tucson on January 8, 2011 helped garner the award that honors an outstanding government or public sector law office. more�

In the news

Former Judge Admits Flaws in Secret Court: A former federal judge who served on a secret court overseeing the National Security Agency's secret surveillance programs denied Tuesday that the judges act as "rubber stamps." But James Robertson said the system is flawed because of its failure to allow legal adversaries to question the government's actions. more�

High Court Gives Ninth Circuit a Habeas Head-Scratcher: How do you tell the United States Supreme Court it screwed up? Very delicately, if you're a subordinate appellate court. Last week, U.S. Court of Appeals for the Ninth Circuit Judges Stephen Reinhardt and Alex Kozinski � jurists who typically don't hesitate to speak their minds � tactfully asked the high court to clarify if it really meant to deny a habeas corpus appeal without either court having considered it on the merits. more�

from the bar

Applications Being Accepted for Vacancy on Pima County Superior Court Until Friday: Applications are being accepted for a vacancy on the Superior Court in Pima County created by the retirement of Judge Howard Hantman. The Pima County Commission on Trial Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to Governor Jan Brewer, who will appoint the new judge. Click here for more information. more�

You Still Have a Chance to Escape the Heat with CLE by the Sea in San Diego: Don't miss your chance to escape the record breaking temperatures in Arizona by heading to the world famous Hotel del Coronado in San Diego where it's a cool 75 degrees. July 17th through the 20th bring your family to CLE by the Sea. Enjoy the nightlife of Coronado Island and San Diego, take in a Padres game or visit the San Diego Zoo and the USS Midway. CLE by the Sea is the premier continuing education event offered by the State Bar of Arizona, and is well-attended each year by attorneys and judges from across the United States. more�

Take Your Litigation Skills to the Next Level! The Arizona College of Trial Advocacy still has openings available.  Arizona�s top litigators and judges teach this five-day workshop from July 30 through August 3. more�

Are You and Your Staff Prepared to Respond to Violence in the Workplace? Lawyers, judges and public figures are at increased risk for workplace violence. Knowing how to respond is a necessity in today's world. Join the State Bar of Arizona for a FREE 75-minute seminar designed to promote personal safety and create a safer work environment on Tuesday, August 20. The seminar will be offered live at the Bar, simulcast in Tucson, and via webcast.

Help is a Phone Call Away: The State Bar has expanded its Member Assistance Program statewide to reach lawyers needing help with stress, depression, substance abuse, alcohol and mental health issues. MAP is offered by the State Bar as a service to members and their families, to law students and to judges either through the discipline process or on a voluntary confidential basis. The crisis line is available to you 24 hours a day at 1.800.681.3057.

Have You Ordered Your Copy of the 2013 Edition of the Economics of Law Practice in Arizona? The latest edition has just been released. For the most current, updated numbers about legal salaries and billing practices in Arizona, order your copy online today!

Enhance Your Practice and Become Board Certified: Applications are being accepted through August 1 for the 2013 certification cycle. Become certified in one of our eight areas of specialization that include criminal, family, and real estate law.  Learn more about the standards for certification or apply by clicking here.

Phoenix Attorney Raya Tahan Disbarred from the Practice of Law: The Presiding Disciplinary Judge of the Arizona Supreme Court issued an order disbarring Raya Tahan of Phoenix on April 9, 2013. more�

Prescott Attorney John R. Thornton Suspended for Attempted Aggravated Assault: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that attorney John R. Thornton of Prescott be suspended from the practice of law for two years. more�

Volunteers Needed For Supreme Court Committees and Legal Services Board: Apply by September 6th to be considered for service on the Arizona Supreme Court�s Committee on Character and Fitness or the Court�s Committee on Examinations.  Southern Arizona Legal Aid�s Board of Directors has two openings. Learn more here.

Nominations are now being accepted for the 2014 Association of Corporate Counsel Awards: Click here to nominate an in-house attorney to be recognized by the Arizona Chapter of the ACC for his or her achievement, leadership, and contributions. Candidates may be nominated in any of ten categories, listed here. Awards will be presented at a dinner at the Ritz-Carlton on January 16, 2014. The State Bar of Arizona is a presenting partner for the program.

Save BIG on FedEx Office� Services: State Bar members can now save up to 20% on select FedEx Office� copy and print services and 10% on other select services at more than 1,800 FedEx Office locations nationwide. As a member of SBA, you can also receive discounts of up to 26% on select FedEx Express�, FedEx Ground�, and FedEx� international shipping services. To enroll today, click here and enter passcode 38Q54P to enroll online. If you have additional questions, please call 1.800.636.2377.

A Permanent Discount on Disability Income Benefits If You Are Too Sick or Injured to Work: The State Bar has partnered with John Driscoll & Company, Inc. to offer individual disability income insurance. This 10% discount extends to disability benefits for business overhead expenses and retirement contributions. To learn more, click here.

More Ways to Save: For all your State Bar member discounts, click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 27, 2013 - 1 CA-MH 12-0077 - In re MH 2012-002480
Whether two witnesses who had no physical, in-person contact with the Appellant for several months prior to her involuntary commitment hearing qualify as "acquaintance witnesses" pursuant to Arizona Revised Statute Section 36-539(B). Read Opinion.

June 28, 2013 - 2 CA-CV 2012-0161 - In re Bond Forfeiture in Cochise County Cause No. CR201100916 
Did the trial court violate article II, � 22 of the Arizona Constitution by setting bail for a criminal defendant without first determining whether he was on release for another felony offense? Did the state have a duty to notify the court of the defendant's release status before bond was set? Did the court err in ordering the bond forfeited because it was void ab initio? Read Opinion.

9th Circuit Court of Appeals

July 8, 2013 - 08-75167 - Albaro E. Tista v. Eric H. Holder, Jr., Attorney General
The Board of Immigration Appeals did not err in denying petitioner's application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA) as a derivative beneficiary of his father, where: 1) petitioner was over twenty-one years of age when his father was granted special rule cancellation; 2) petitioner failed to demonstrate that the Child Status Protection Act (CSPA), under which petitioner's age would be calculated from the date his father filed for relief, applies to NACARA; and 3) petitioner did not demonstrate that the failure of Congress to apply the CSPA to NACARA violates the equal protection component of due process. Read Opinion.

July 5, 2013 - 11-30352 - United States v. Florence A. White Eagle
Defendant's conviction and sentence on six counts arising out of her involvement in a scheme to obtain money from a tribal credit program are: 1) affirmed in part, as to the charges of bribery and misprision of a felony; but 2) reversed in part, as to the remaining charges, where a) the government's misapplication theory cannot support a conviction for conspiracy and the  embezzlement and conversion theories also fail because defendant never controlled or had custody of the funds she later borrowed, b) the conviction for concealment of public corruption fails because the government did not show that defendant violated a specific duty to report credit program fraud, and c) on the conviction for public acts affecting a personal financial interest, the connection between the payment of a BIA Administrative Officer's fraudulent nominee loans and the defendant's alleged financial interest is remote and speculative; and 3) reversed in part, where the district court erred at sentencing in its application of U.S.S.G. section 2C1.1(b)(2). Read Opinion.




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