Volume 13, No. 15 | July 22, 2014

eye on ethics

Q: Can I incorporate a clause into a settlement agreement with a former client that he/she will not report me to the State Bar?

A: No. ER 1.8(h)(2) prohibits an agreement limiting the client's right to report the lawyer to the State Bar.


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member news

Anna Mary Glaab Named Judge of the Year by Arizona Supreme Court: Bagdad and Yarnell Justice of the Peace, Anna Mary Glaab, was named Judge of the Year for her outstanding achievements in the advancement of justice. more�

In the news

Paterno's Son and Other Ex-coach Sue Penn State for Lost Careers: Two former assistant football coaches at Penn State University, including the son of disgraced former head coach Joe Paterno, are suing the school for actions they say wrecked their careers in the wake of the child sex-abuse scandal. more�

Johns Hopkins Pays $190M in Pelvis Exam Pix Settlement: For Myra James, the process of going to the gynecologist is now too much to bear. Since she found out her practitioner of 20 years, Dr. Nikita Levy, had been using tiny cameras to secretly record his patients', she said, "I can't bring myself to go back." more�

from the bar

File MCLE Affidavits Before Sept. 15 Deadline: You don't need to wait! Online filing for your 2013-14 MCLE affidavit is available now. Filing deadline is no later than September 15, 2014. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

State Bar of Arizona Task Force Reports: The State Bar Board of Governors periodically creates task forces and committees that work on issues of significance to the legal profession and issue reports based on their findings. The CLE Task Force report is available for review and comment. more�

Advancing Justice Together: Courts and Communities: Strategic agenda for the Courts 2014-2019, Chief Justice Scott Bales. more�

How Should Rules Change in Light of the Evolving Practice of Law? A new Arizona Supreme Court committee will look at whether Arizona ethical and other regulatory rules should be amended because of the changing nature of legal practice in a technologically enabled and connected workplace and the growing trend toward multistate and international law practice. more�

Court Improvement Program Seeks Comments on Proposed Parent Representation Standards: A committee of the Court Improvement Advisory Workgroup has developed and proposed standards for attorneys and guardians ad litem representing parents in juvenile dependency matters. The committee is seeking input on the proposed standards in preparation for their presentation and request for approval by the Arizona Judicial Council. Add your comments, as well as review a memo from the Committee on Juvenile Courts and the Proposed Standards by clicking here.

The State Bar Wants YOU to Become a Professional Volunteer! The State Bar Appointments Committee is currently accepting applications from active members in good standing to fill the following upcoming vacancies: Arizona Supreme Court Committee on Character and Fitness, Arizona Supreme Court Committee on Examinations, City of Phoenix Judicial Selection Advisory Board, and Southern Arizona Legal Aid Board of Directors. Application deadline is Wednesday, August 27, 2014.

Public Asked for Input on Candidates: The Maricopa County Commission on Trial Court Appointments is seeking public input on 12 candidates for an opening on the Maricopa County Superior Court. The candidates are: Julie Ashworth LaFave, Theodore Campagnolo, Jennifer Green, Lori Horn Bustamante, Edith Lucero, Rachel Mitchell, Carolyn Passamonte, Eric Rothblum, Joseph Sciarrotta, Jr., Shellie Smith, Lisa Tewksbury Hauser, and Timothy Thomason. more�

Judge Thomas Fink Appointed Presiding Judge for Santa Cruz County: The Arizona Supreme Court has appointed the Honorable Thomas Fink to a three-year term as Presiding Judge of Santa Cruz County. Judge Fink's wide-ranging administrative and leadership experience at the U.S. Attorney's Office provided a level of expertise ideal for the role of Presiding Judge. more�

Law Practice Tip from Ahern Insurance Brokerage: When can your blog comments constitute professional misconduct? Click here for advice from Ahern, State Bar Member Discount Provider offering professional liability insurance.

Do You Accept Credit Cards from Clients? Save up to 25% on standard credit card processing fees with LawPay. LawPay meets the requirements for the American Bar Association trust account guidelines as well as the Attorney's Professional Code of Conduct. To learn more, call 866.376.0950 or visit www.lawpay.com/azbar. Contract is on a month-to-month basis.

Save on Practice Management Software: State Bar members receive a 10% discount on Clio's practice management software, specifically designed for small to medium-sized firms. To learn more or for a 30-day free trial, click here.

How to Save with Your State Bar Member Discounts: To see 26 companies offering you member discounts including software, credit cards and payroll processing, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

July 10, 2014 - 1 CA-SA 13-0298 - Burl Swain v. Hon. Bethany Hicks
Whether the trial court erred in including Title 38 Veterans Administration disability benefits in its calculation and award of spousal maintenance? Read Opinion.

June 27, 2014 - 2 CA-CV 2014-0001 - Kondaur Capital Corporation v. Pinal County and Paul R. Babeu
On appeal from a declaratory judgment action concerning the procurement and enforcement of writs of restitution: 1) Does the Appellant have standing to seek appellate review of issues that were resolved in its favor? 2) Does any exception to the mootness doctrine apply to Appellant's claims? Read Opinion.

9th Circuit Court of Appeals

July 21, 2014 - 12-10548 - United State of America v. Jose Antonio Liera Morales
Defendant's convictions for his role in a scheme to kidnap for ransom are affirmed, where: 1) the district court's admission of a government agent's testimony recounting the victim's mother's description of the telephone call in which she arranged for the safe return of her son did not violate the Confrontation Clause of the Sixth Amendment because the call was made primarily to address an ongoing emergency and the challenged statements were nontestimonial; and 2) even if the Rule of Completeness applies, the district court did not abuse its discretion in admitting a government agent's testimony about portions of the defendant's post-arrest interview but precluding the defendant from introducing exculpatory statements from that interview. Read Opinion.

July 21, 2014 - 14-16310 - Joseph R. Wood, III v. Charles L. Ryan, Director of Arizona DOC
The district court's denial of petitioner's motion for a preliminary injunction to delay his execution until he receives information regarding the method of his execution that he requested from the Arizona Department of Corrections, is reversed, where: 1) petitioner has presented serious questions going to the merits of his First Amendment right of access claim; 2) petitioner has established irreparable injury; 3) the balance of hardships tips sharply in his favor; and 4) the injunction is in the public interest. Read Opinion.



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