Volume 13, No. 1 | January 7, 2014

eye on ethics

Q: During the prosecution of one of my criminal cases, I have discovered evidence that indicates a defendant in another jurisdiction may have been wrongfully convicted. Who do I give this evidence to?

A: As a prosecutor, if you come to know of "new, credible, and material evidence" that reasonably indicates a person may have been wrongfully convicted in another jurisdiction, you must disclose that evidence to the court where the conviction occurred, the prosecutor's office for that jurisdiction, and either the person's lawyer or the person and "the indigent defense appointing authority in the jurisdiction." Rule 3.8(g)(1).


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member news

Volunteer Lawyers Make Huge Impact in 2013: The State Bar of Arizona would like to thank the 249 volunteer lawyers who offered free legal advice to 1,830 individuals during 2013. Volunteers were the backbone of the State Bar of Arizona's Access to Justice programs, which included Lawyers on Call, Abogados a Su Lado, Law Day Legal Aid Clinics, and the Arizona StandDown. The State Bar, as well as the individuals our volunteers helped, are grateful for their time, knowledge, and charity. more�

In the news

Supreme Court Puts Utah Same-sex Marriage on Hold: Gay couples in Utah were thrown into legal limbo Monday as the U.S. Supreme Court put a halt to same-sex marriages in the state, turning jubilation to doubt just weeks after a judge's ruling sent more than a thousand couples rushing to get married. more�

California Supreme Court Allows Undocumented Immigrant to Work as Attorney: Sergio Covarrubias Garcia of Chico no longer has to market his personal saga as "The Undocumented Juris Doctor" barred from practicing law in California because of his immigration status. In a decision with potentially landmark implications, the California Supreme Court ruled Thursday that Garcia, 36, has met requirements of "good moral character" and may legally work as an attorney in California. The ruling is believed to mark the first time a state has knowingly allowed someone lacking legal residency to practice law. more�

from the bar

February 3 is the Deadline to File Your State Bar Annual Statement and Dues Online: Your 2014 statement is available 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� 

Have You Weighed In on the Proposed 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.

Don't Miss the Family Law Institute this Thursday and Friday: Attending the 2014 Family Law Institute - For Better or For Worse 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�

Join Colleagues and Legislators to Celebrate the Opening of the New Legislative Session! The St. Thomas More Society of Phoenix invites you to attend the Annual Red Mass on Tuesday, January 14 at St. Mary's Basilica beginning at 5:30 p.m. Reception will follow. more�

Become a Part of Merit Selection: Don't miss your opportunity to apply for openings available on the Arizona Commission on Appellate Court Appointments, Maricopa County Commission on Trial Court Appointments, and the Pima County Commission on Trial Court Appoints. To find the best candidates for the bench, Arizona relies on commissions to screen, interview and select candidates for submission to the Governor. Get engaged and learn more about the commissions by clicking here.

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�

Finalists Announced, Association of Corporate Counsel Awards: Click here to meet the finalists for the Arizona Chapter of the Association of Corporate Counsel Awards and register for the awards dinner January 16 at the Ritz-Carlton. The State Bar of Arizona is a presenting partner for the program.

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�

Law Practice Tip from Ahern Insurance Brokerage: What do you do when served with a subpoena? Click here to learn what Ahern, a State Bar Member Discount Provider offering professional liability insurance, advises.

Save on Payroll Processing: The State Bar's partnership with SurePayroll, a provider of online payroll services to small businesses nationwide, helps you save up to 50% over traditional providers for a flat monthly fee. You can even process payroll from your mobile device. Click here or call 877.954.7873 to find out more.

Free 60-minute Webinar from Clio on 'Advanced Legal Research' on Tuesday, January 28: How do you choose between the multitude of research tools out there while balancing costs, diligence, and time? Attorneys Ed Walters of Fastcase, Adam Ziegler of Mootus, and Clio's Lawyer in Residence, Joshua Lenon, walk you through all the research options available. State Bar members may attend at no charge. Click here to register.

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 17, 2013 - 1 CA-CR 12-0479 - State of Arizona v. Zane S. Dickinson
Was error in a jury instruction that effectively instructed on an aspect of attempted second degree murder that does not exist under Arizona law fundamental? Was such error prejudicial? Read Opinion.

November 20, 2013 - 2 CA-CR 2010-0338 - State of Arizona v. David J. Yonkman
1. Did the trial court err in refusing to suppress the defendant's statements to police? 2. Did the court err in admitting other-act evidence of which the defendant had been charged and acquitted? And, if the evidence had been admitted properly, was the defendant entitled to inform the jury of the acquittal? 3. Was it error to admit prior consistent statements of the victim and an alleged former victim when there was no allegation the statements had been made before the motive to fabricate arose? If error, was it harmless because the statements were contained in the victims' testimony? Read Opinion.


9th Circuit Court of Appeals

January 3, 2014 - 11-16438 - United States of America v. Sundeep Dharni
The district court's denial of a habeas corpus motion challenging the alleged closure of the courtroom during voir dire of petitioner's criminal trial is affirmed, where: 2) the trial judge's request that family members and spectators leave the courtroom during voir dire until seats became available was at most a trivial courtroom closure that did not implicate petitioner�s Sixth Amendment rights; and 2) counsel did not provide ineffective assistance by failing to object to the request or challenge the alleged closure on appeal because it would not have disturbed the conviction. Read Opinion.

January 2, 2014 - 11-16606 - Patricia Haro v. Kathleen Sebelius
Summary judgment in favor of plaintiffs, a class of Medicare beneficiaries, in an action challenging the Secretary of Health and Human Services' practice of demanding "up front" reimbursement for secondary payments from beneficiaries who have appealed a reimbursement determination or sought a waiver of the reimbursement obligation, is reversed, and injunctions entered to enjoin said practice and one that required attorneys to withhold settlement proceeds from their clients until after Medicare is reimbursed, are vacated, where: 1) plaintiff demonstrated Article III standing on behalf of the class of Medicare beneficiaries, and plaintiff's attorney independently demonstrated standing to raise his individual claim; but 2) the beneficiaries' claim was not adequately presented to the agency at the administrative level, and therefore the district court lacked subject matter jurisdiction but their due process claims are remanded for consideration; and 3) on the merits of the attorney's claim, the Secretary's interpretation of the secondary payer provisions was reasonable. Read Amended Opinion.




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