Volume 13, No. 7 | April 1, 2014

eye on ethics

Q: I think opposing counsel did something unethical. Do I have to report opposing counsel to the State Bar?

A: If you have actual knowledge that opposing counsel violated an ethical rule, or can infer a violation from the surrounding circumstances, and the violation raises a substantial question regarding the lawyer's honesty, trustworthiness, or fitness to practice as a lawyer in other respects, you must report the misconduct to the State Bar. However, if in the course of reporting misconduct you would be required to disclose confidential client information then you must also first seek out the consent of your client prior to making a report. ER 8.3, ER 1.6.


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Child, Immigration Support Collide
Competing good intentions in the immigration realm may place children in an unfortunate situation.

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member news

Attorneys to Offer Free Legal Help on Family Law Issues: Eleven family law attorneys will come together on Tuesday, April 8 to offer free legal advice at Lawyers on Call, a public service program co-sponsored by the State Bar of Arizona, 12 News, and azcentral.com. During the two-hour program, attorneys will answer viewers' questions regarding their divorce, child support, and paternity issues. The State Bar of Arizona offers its sincerest appreciation to the volunteer attorneys who will help consumers across the Valley through this access to justice program. They include: Christa Banfield, Michael Clancy, Tali Collins, Michael Cordrey, DeeAn Gillespie Strub, Wendy Hernandez, Nancy L. Khiel, Kris Leonhardt, Jennifer Moshier, Londa T. Rivera, and Patrick Sampair.

In the news

Boston Marathon Victim Sues Glenn Beck for Defamation: A Saudi Arabian man injured in the Boston Marathon bombings has filed a defamation lawsuit against Glenn Beck, accusing the conservative commentator of calling him "the money man" behind the attack. more�

Pistorius Lawyer - Pathologist to Open Defense Case: A pathologist will likely testify first when Oscar Pistorius' defense team starts calling witnesses at his murder trial next week, the double-amputee athlete's lawyer said Tuesday. more�

from the bar

State Bar Dues Increase Effective 2015: After considering the State Bar's proposal, the Arizona Supreme Court has approved a fee increase for most members of our Bar. The Court's order also includes a budget reduction for the Bar and directs a new financial review process. Click here for a summary of the Court's decision.

Meet the 2014 Board of Governors Candidates: 38 members are running for election for 11 seats on the Board of Governors. The online election will begin May 7. Meet the candidates here.

Don't Miss Your Opportunity to Become a Professional Volunteer: Tomorrow, April 2, is your last chance to apply to represent the State Bar of Arizona in the American Bar Association's House of Delegates, or to serve as a Trustee of the Client Protection Fund, or to recommend judicial candidates for the City of Scottsdale's courts. more�

Two Weeks Left to Apply for 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 16, 2014. To learn more about the various committees and to fill out an application click here.

Help Maintain Judicial Integrity by Applying for the Commission on Judicial Performance Review: Would you like to be involved in the performance review process for judges who must stand for retention? Three-person JPR Conference Teams will be appointed to work with appellate and superior court judges in Maricopa, Pima and Pinal Counties to determine whether the judges are meeting judicial performance standards. Apply by April 11. Click here for information or to apply.

State Bar Seeks Volunteers for 2014 Law Day Legal Aid Clinics: For the third year in a row, the State Bar of Arizona will host four FREE legal aid clinics around the Valley in honor of Law Day. Volunteers will give a presenation on Saturday, April 26 on a specific practice area which include the following: family, bankruptcy, landlord/tenant, and immigration. In addition, volunteers will answer audience questions and provide limited one-on-one consults. If you're interested in volunteering for this valuable community access to justice program, contact Alberto Rodriguez via email or at 602.340.7337.

You Still Have Time to Apply to Become a Fee Arbitration Committee Member: Arbitrators oversee the State Bar of Arizona's free, voluntary fee arbitration program, which is staffed by a State Bar employee. Arbitrators hold hearings and issue binding awards in assigned matters. The Committee especially needs arbitrators who practice criminal law and/or speak Spanish. To apply, click here.

National ABA Section of Litigation Conference Coming to Scottsdale: The 2014 ABA Section of Litigation Conference will be held April 9-11 at the Phoenician Resort in Scottsdale. Former Governor Janet Napolitano will be the keynote speaker. Sessions range from the Trial of Wyatt Earp to the Future of Action Litigation. Special rate for Arizona lawyers. Learn more by clicking here.

Stay Connected with the State Bar of Arizona: The State Bar of Arizona has several social media platforms where it provides its network with a wealth of information. Looking for a witty, informative, and interesting point of view? Follow Arizona Attorney editor Tim Eigo on Twitter and Word Press. Read up on interesting news, stay apprised of community outreach initiatives, and learn more about the Bar's member services by connecting via LinkedIn and Facebook. Stay connected.

Judicial Applications Sought for Potential Santa Cruz Superior Court Vacancy: Governor Jan Brewer has announced a potential vacant judicial position on the Santa Cruz County Superior Court. The Honorable James Soto, who currently serves on the Santa Cruz County Superior Court, has been nominated to serve as a federal judge on the United States District Court for Arizona. In anticipation of his confirmation by the United States Senate, Governor Brewer is accepting applications to fill a future vacancy. more�

Attorney Richard M. Wintory Suspended from the Practice of Law: Attorney Richard M. Wintory of Tucson was suspended from the practice of law for violating the Rules of Professional Conduct. The Acting Presiding Disciplinary Judge of the Arizona Supreme Court accepted a consent agreement between Richard M. Wintory and the State Bar of Arizona and ordered that he be suspended from the practice of law for 90 days. more�

Alleged Client Fund Misappropriation Leads to Interim Suspension of Phoenix Attorney Devin Andrich: The Presiding Disciplinary Judge of the Arizona Supreme Court issued an order placing Devin Andrich on interim suspension. The State Bar of Arizona alleges that Andrich misappropriated client funds in multiple cases. He has refused to account for approximately $135,000 in client funds, which were to be held in trust for his clients. more�

Top-Notch CLE on your Summer Vacation: CLE by the Sea features intermediate to advanced level programming and opportunities to network with the finest legal practitioners in Arizona and beyond. Half-day programming is ideal for learning and knowledge retention, and allows participants, and their vacationing families, the opportunity to spend the afternoons relaxing and enjoying leisure time. more�

National Native American Bar Seeks Your Participation in Research Study: Attorneys who identify as American Indian/Native Alaskan are invited to participate in a secure and confidential survey that will explore the perspectives and experiences of Native American attorneys. The research will be used to develop educational materials and programming that will help improve the retention and advancement of Native American attorneys in every corner of the legal profession. Survey closes on April 30, 2014. more�

Have You Calendared the 2014 State Bar Convention in Tucson? This year, the State Bar of Arizona convention heads south and 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 if you are asked to take a case adverse to a former client? Click here for advice from Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Legal Research on the Go? Fastcase Has an App for That: Have you ever found yourself in a courtroom hallway preparing for oral argument and wishing you could search for a few more cases? Now you can. Android users click here. iPhone users, click here.

Save with No Annual Fee: Apply now for the new exclusive Platinum Rewards MasterCard for State Bar of Arizona members. Earn double points on purchases on the first 60 days. Zero Liability fraud protection. Click here to apply.

Save with All Your Member Discounts: To see the latest on all your State Bar member discounts, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

March 20, 2014 - 1 CA-CR 13-0215 State of Arizona v. Mark Anthony Lucas
Once a parent or legal guardian exercises the victim's rights on the victim's behalf, does the parent or legal guardian's own independent right to refuse an interview under A.R.S. � 13-4433(G) remain in effect after the victim turns eighteen years old? Read Opinion.

February 20, 2014 - 2 CA-CR 2012-0392 - State of Arizona v. Stephen Vincent Haverstick
A.R.S. �� 13-3821(Q) and 12-116.07 impose assessments on convicted sex offenders without regard to the date of the charged offense. Does applying these statutes to offenders convicted of offenses that predate the statutes' enactment violate either A.R.S. � 1-246 or the ex post facto clauses of the state or federal constitutions? Read Opinion.


9th Circuit Court of Appeals

March 31, 2014 - 12-15266 - Shelley Lal v. State of California
Summary judgment for defendants in a 42 U.S.C. section 1983 action in which plaintiff alleged that defendant-officers used excessive force when they shot and killed a man following a high speed chase, is affirmed, where the district court properly determined that: 1) the officers thought that the man posed an immediate threat of serious physical harm; 2) the officers' beliefs were reasonable; and 3) given the threat to the officers of such immediate serious harm, shooting him was a reasonable response. Read Opinion.

March 28, 2014 - 12-10628 - United States v. Steven Lee Vargem
Defendant's sentence for possessing an unregistered machine gun is: 1) vacated in part and remanded for resentencing, where the district court's calculation of defendant's base offense level under the United States Sentencing Guidelines constituted plain error, and the district court erred in applying a six-level enhancement on the basis of other weapons found at defendant's home; but 2) affirmed in part, where the district court's imposition of a fine was not erroneous. Read Opinion.



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