Volume 14, No. 1 | January 6, 2015

eye on ethics

Q: If I had a one-time consultation with a wife seeking a divorce but no further representation ensued, can my partner represent her husband in the divorce proceedings?

A: Yes, if both husband and wife give informed consent, confirmed in writing, or if you are timely screened from any participation in the matter and apportioned no part of the fee therefrom and written notice is promptly given to wife. See ER 1.18.


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Drone Law
Drones aren't pie-in-the-sky; they're here, as a recent symposium noted.

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member news

Justice Berch Honored by Arizona Summit Law School: At its December 20 graduation ceremonies, Arizona Summit Law School surprised Arizona Supreme Court Justice Rebecca White Berch by granting her an honorary Juris Doctor degree, honoris causa. Justice Berch was the law school's commencement speaker, delivering the graduation address at Phoenix Civic Plaza. More.

In the news

Federal Judge Halts Arpaio's Worksite Raids: A federal judge on Monday issued a preliminary injunction blocking Maricopa County Sheriff Joe Arpaio and Maricopa County Attorney Bill Montgomery from enforcing two state laws that make it a felony for undocumented immigrants to use stolen identities to obtain work. More.

As Gay Marriages Begin in Florida, Supreme Court is Set to Meet on Issue: Gay couples began marrying in Miami on Monday, kicking off a pivotal week when the Supreme Court will have a chance to consider whether same-sex couples have a constitutional right to marry or whether states may limit marriage to a man and a woman. More.

from the bar

File Your State Bar Annual Statement and Dues Online: Your 2015 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 2, 2015. Online submissions will be accepted until 11:59 p.m. MST on February 2, 2015. More.

You Still Have Time to Register for the 2015 Family Law Institute: Attending the 2015 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. This is your opportunity to share collective wisdom and to discuss cutting-edge legal strategies. Learn more here.

Human Trafficking - Modern Day Slavery in Arizona: With Super Bowl XLIX taking place in Glendale in February, offering this unique program focusing on the growing trend of human trafficking in Arizona and throughout our country is more important and relevant than ever. Attendees will get an overview of human trafficking, discuss its prevalence at the Super Bowl, learn of its telltale signs, and discuss laws associated with it, among other topics. Click here to learn more or to register for this program scheduled for January 27, 2015.

Insurance Law Institute Will Bring You Up to Speed with Latest Cases, Legislation and Other Developments in Insurance Law: The second annual Insurance Law Institute delves into insurance law and insurance bad faith. Experienced lawyers and judges explore UM/UIM, cyber liability, workers' compensation bad faith, construction, intentional acts and bad faith. The program will be held on January 29 and 30 and promises to provide practical instruction on important topics and opportunities, as well as discuss cutting-edge legal strategy with leading practitioners and judges alike. Learn more or register by clicking here.

Public Comment Sought on Superior Court Applicants: The public is invited to comment on 25 applicants for two vacancies on the Superior Court in Maricopa County created by the vacated seats of Judges Benjamin Norris and Emmet Ronan. More.

Become Involved in the Merit Selection Process: Apply for one of the Judicial Nominating Commissions and help select judicial candidates for appointment to the trial bench in Maricopa, Pima and Pinal Counties, or judicial candidates for appointment to the appellate bench. The application deadline has been extended to February 6, 2015. More.

St. Thomas More Society of Phoenix Invites You to Attend the 45th Annual Red Mass: The event commemorates the start of the legislative session. Join in on Tuesday, January 20 at Saint Mary's Basilica in Phoenix. The Mass begins at 5:30 p.m. People of all faiths are invited to attend.

Save on Credit Card Processing: If you accept credit cards from clients, you can save up to 25% on standard credit card processing fees with LawPay. LawPay is exclusively for attorneys and meets the requirements for trust account guidelines. To learn more, please call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

Save on Payroll: Save time and money when processing payroll with SurePayroll, a provider of online payroll services. Click here for the State Bar member discount, or call 877.954.7873 to find out more.

25 Ways to Save More: To see all 25 companies offering State Bar member discounts, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

December 16, 2014 - 1 CA-SA 14-0213 - KPNX-TV 12 News v. Hon. Sherry Stephens
Can a defendant, who has received hate mail in jail, request the court to close the courtroom to the public and press, and seal her testimony until after a verdict, so that she will feel comfortable in testifying on her behalf in a capital sentencing trial? Read Opinion.

December 3, 2014 - 2 CA-CR 2014-0118 - State of Arizona v. Glen L. Gagnon
Did the trial court err in denying the defendant's motion to dismiss a charge of trafficking in stolen property, when the defendant's conduct also fell under a more recent and specific statute, A.R.S. � 44-1630, which prohibits making a false representation during a pawn-shop transaction? Read Opinion.


9th Circuit Court of Appeals

January 2, 2015 - 13-50101 - United States v. David P. Gnirke
Judgment imposing a special condition of supervised release prohibiting defendant from possessing depictions of "sexually explicit conduct" involving children or adults and from patronizing any place in which such depictions are available is affirmed, where: 1) the record supports the district court's conclusion that the special condition is generally necessary to achieve the goals of supervised release under 18 U.S.C. section 3583, but it does not support the restriction of defendant's access to non-pornographic depictions of adults, which is speech protected by the First Amendment; and 2) the special condition is therefore construed so as not to apply to non-pornographic depictions of adults. Read Opinion.

January 2, 2015 - 12-10544 - United States v. Justin P. Gladding
In this case, defendant intermingled his personal computer files with child pornography files. Denial of defendant's motion pursuant to Federal Rules of Criminal Procedure 41(g) for return of the noncontraband computer files is reversed and remanded for further proceedings, where: 1) the district court's decision not to put the burden of proof on the government was legal error, given that the government no longer needed defendant's property after he pleaded guilty; and 2) the government could not have carried its burden of proof as it failed to submit any evidence of the difficulty and costs of segregating defendant's data, which it claimed was a legitimate reason for retention of the noncontraband files. Read Opinion.



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