Volume 12, No. 26 | December 10, 2013

eye on ethics

Q: During the course of my family law case, I have discovered evidence that indicates a person may have been wrongfully convicted of a criminal act. Do I have an ethical obligation to do anything with this evidence?

A: Yes. In Arizona, any lawyer who "knows of credible and material evidence that creates a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted" is required to give that evidence to the prosecutor in the jurisdiction where the conviction occurred, and either to the person's criminal defense lawyer or the person and "the indigent defense appointing authority in the jurisdiction." Rule 3.10(a).


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Bar Flys Run for Professor Joseph Feller Memorial Fund: Arizona's legal community is coming together for the fifth consecutive year to run in P.F. Chang's Rock 'n' Roll Arizona Marathon and Half Marathon "Get Fit Challenge." Learn more about how to support them by clicking here.

In the news

Former San Diego Mayor Sentenced to Home Confinement: Former San Diego Mayor Bob Filner, who resigned his post after a string of sexual harassment allegations, was sentenced on Monday to probation and three months of home confinement on false imprisonment and battery charges involving three women. more�

Senate Dems Push Obama Nominees, GOP Bides Time: Fresh from shackling the traditional blocking ability of the Senate's minority party, Democrats are ready to muscle through President Barack Obama's nominees for pivotal judgeships and other top jobs. more�

Who killed Jonathan Luna? A Decade Later, Federal Prosecutor's Slaying Remains Unsolved: Ten years ago this month, a federal prosecutor was found dead in a Brecknock Township stream, within earshot of the Pennsylvania Turnpike. Jonathan Luna, 38, an assistant U.S. attorney in Baltimore, had been stabbed 36 times and his throat had been slit, but he actually died by drowning in the shallow water. more�

from the bar

File Your State Bar Annual Statement and Dues Online: Your 2014 statement is available now for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary Bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 3, 2014. Online submissions will be accepted until 11:59 p.m. MST on February 3, 2014. more�

Attention Civil Practitioners! The Supreme Court has adopted significant amendments to the Arizona Rules of Civil Procedure that will dramatically alter civil case management and trial setting procedures in the Superior Court. These amendments are effective April 15, 2014. more�

Consider Legal Service Organizations in Your Year-end Giving: In 24 hours, Arizona's legal aid agencies received 601 calls for legal help. Their future depends on the generosity of Arizona's legal community. more�

Become a Part of Merit Selection: Openings are available on the Arizona Commission on Appellate Court Appointments, Maricopa County Commission on Trial Court Appointments, and the Pima County Commission on Trial Court Appointments. more�

City of Avondale Judicial Advisory Board: This newly forming judicial advisory board has one State Bar-designated seat. Duties involve evaluating and recommending the best qualified individuals to become full-time city judges. Board applicants must reside in Maricopa County. Apply by January 31, 2014. more�

Rules Adjudicted by Supreme Court Available for Review: The Arizona Supreme Court has adjudicated on Rule Petitions at its November 13, 2013 meeting. The adoption date is January 1, 2014 unless noted in the Court Order. For further information, visit the Court Rules Forum by clicking here. To view a complete list of the rules adjudicated by the Arizona Supreme Court, click here.

2014 State Bar Convention Heads South: Next year, the State Bar of Arizona convention will be held on June 11-13 at the Westin La Paloma in Tucson. Start making plans to attend now! more�

Write for Litigation News! The American Bar Association Section of Litigation's national news magazine, Litigation News, seeks excellent writers interested in joining the editorial board as contributing editors. Contributing editors write four articles per year and attend two ABA conferences. This is a great opportunity to get your name out there and connect with attorneys across the country. Litigation News is published quarterly in print, and adds stories at least weekly to its online version. Its print circulation exceeds 50,000. Interested? Send a r�sum� and writing sample to LitNewsWriteOn@gmail.com by January 17, 2014. We will notify those applicants selected to participate in our annual write-on competition by February 1, 2014.

Law Practice Tip from Ahern Insurance Brokerage: Are you correctly handling client funds? Ahern, a State Bar Member Discount Provider offering professional liability insurance, will tell you how when you click here.

15 Minutes�AND Your State Bar Membership�Could Save You Money on Your Car Insurance: As a member of State Bar of Arizona, you could qualify for an exclusive discount with Geico. Click here or call 800.368.2734, to complete a simple, no-obligation rate quote. See how much you could save by bundling your homeowner's, renter's, condo, motorcycle, boat, PWC, ATV, and RV insurance.

Unexpected Accidents or Illness can be Life Changing. Are You Prepared? State Bar of Arizona members may now apply for individual long term care insurance from John Hancock at a permanent 5% association discount on top of other potential eligible discounts, through a new partnership with The La Porte Wealth Strategies Group of Raymond James. To learn more or to apply, please contact Justin Cairns at Justin.Cairns@RaymondJames.com