Volume 12, No. 27 | December 23, 2013

eye on ethics

Q: My client gave me information about his company that's available to the public on a state agency's website, so I can talk about that information with my friends outside of the office, can't I?

A: No. ER 1.6 prevents you from disclosing your client's confidential information to others unless a specific exception applies. Confidential information encompasses absolutely everything that you have learned about your client's matter during the course of your representation whether it may be privileged or not and regardless of whether you obtained it from a public record. See, ER 1.6 Comment 3.


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member news

Board Honored for Work with Juvenile Justice: The Pinal County Community Advisory Board received the Arizona Supreme Court's 2013 Judicial Award for Protecting Children, Families and Communities. Chief Justice Rebecca Berch presented the award at a recent ceremony in Mesa. more�

In the news

Judge Allows Gay Marriage in Utah to Continue: A federal judge on Monday allowed gay marriage to continue in Utah, rejecting a request to put same-sex weddings on hold as the state appeals a decision that has sent couples flocking to county clerk offices for marriage licenses. more�

New Mexico Clerk Quits Over Gay Marriage Ruling: A rural eastern New Mexico county clerk and her deputy resigned Friday rather than abide by a state Supreme Court ruling legalizing gay marriage, officials said. Roosevelt County manager Charlene Webb confirmed that Clerk Donna Carpenter and Deputy Clerk Janet Collins announced their resignations Friday morning. more�

from the bar

State Bar of Arizona Holiday Hours: The State Bar will close at noon for the Christmas holiday on December 24 and will resume regular business hours on Thursday, December 26. Offices will close at noon once again on December 31, for the New Year's Day holiday, and will resume regular business hours on Thursday, January 2.

Your Chance to Weigh In on State Bar Dues Increase: The State Bar of Arizona Board of Governors is going to consider a proposed increase in membership fees at its February 28 meeting. If you are interested in learning more about the proposed increase, you can click here to find a web page that outlines the process undertaken by the Board of Governors to arrive at this point, as well as a list of frequently asked questions to help inform you. Don't miss your opportunity to comment on this important matter.

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�

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�

Don't Miss the Family Law Institute - For Better or For Worse: Attending the 2014 Family Law Institute is the best way to ensure you are completely up to date on the latest cases, legislation and other new developments in Arizona family law. The Institute has become the annual gathering place for the Arizona family law community; this is your opportunity to share collective wisdom and to discuss cutting-edge legal strategies. 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�

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 formed 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�

Attorney William M. Spence of Chandler Reprimanded for Coarse Language: The Presiding Disciplinary Judge (PDJ) of the Arizona Supreme Court has ordered that William M. Spence, Chandler, be reprimanded for violating Rules of Professional Conduct. more�

Phoenix Attorney Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Percival R. Bradley of Phoenix be reinstated as an active member of the State Bar of Arizona. more�

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�

Ship and Save with UPS�: State Bar members can save up to 34% on UPS shipping services including UPS Next Day Air�. To enroll and start saving today, visit www.savewithups.com/azbar. For more information, call 1.800.MEMBERS (1.800.636.2377), M-F, 8 a.m. � 6 p.m.

Can You Hear Us Now? Save 22% on Verizon Cell Phone Service: State Bar members with eligible Verizon calling plans may qualify to receive a 22% discount on law firm/corporate monthly access fees. Employees and family members may also qualify for up to an 18% discount on their lines. Click here or call 800.810.3909.

State Bar Member Discounts: For a listing of all State Bar member discounts, click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

December 5, 2013 - 1 CA-TX 12-0005 - Home Depot v. Arizona Department of Revenue
Whether, under Arizona law, unitary tax treatment may be required when a taxpayer has assigned its trademarks to a subsidiary that then licenses the marks for use by the parent at a fair-market royalty rate. Read Opinion.

November 8, 2013 - 2 CA-CR 2012-0061 - State of Arizona v. Guillermo E. Cooney
1) Did the trial court err in admitting evidence of time spent incarcerated to prove Cooney�s prior DUI convictions occurred within the statutory time period necessary to establish aggravated DUI? 2) Did the use of Cooney�s two prior DUI convictions as elements of aggravated DUI violate double jeopardy? Read Opinion.


9th Circuit Court of Appeals

December 20, 2013 - 11-10530 - United States of America v. Mala T. Shorty
Defendant's bench-trial convictions for aiding and abetting the making of a false statement in connection with the acquisition of a firearm, aiding and abetting the making of a false statement concerning information that must be kept by a firearms dealer, and being a felon in possession of a firearm, are reversed and remanded, where: 1) the district court failed to take the necessary precautions to ensure that the defendant�s jury-trial waiver was made knowingly and intelligently; but 2) there is sufficient evidence to support the aiding and abetting convictions, the Double Jeopardy Clause is not implicated, and therefore the government may retry the defendant on all counts. Read Opinion.

December 20, 2013 - 11-10606 - United States of America v. Alexander DeJarnette, Jr.
Defendant's conviction for failure to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA) is reversed and remanded, where: 1) the Attorney General has not yet "validly specified" that 42 U.S.C. section 16913(a)'s requirement of registration in the jurisdiction of the sex-offense conviction (if different from the jurisdiction of residence) applies to pre-Act offenders like the defendant who were, at the time of SORNA's enactment and implementation, already subject to sex offender registration obligations; 2) the district court's jury instruction erroneously permitting the jury to convict solely on the basis of the defendant's failure to register in the jurisdiction of his sex-offense conviction was not harmless; and 3) because the evidence was clearly insufficient to sustain a conviction under a correct reading of the law, the Double Jeopardy Clause forbids a second trial. Read Opinion.




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