Volume 14, No. 4 | February 17, 2015

eye on ethics

Q: I may have a substance abuse problem. Am I required to withdraw from representing my clients?

A: Maybe. ER 1.16 requires that a lawyer withdraw from representation if the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client. See ER 1.16(a)(2)


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Appellate Pro Bono
A new program at the Ariz. Court of Appeals helps litigants and lawyers.

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member news

Bankruptcy Attorney Diane Drain Receives Lifetime Achievement Award: Chief Judge Daniel Collins, of the United States Bankruptcy Court, presented Diane L. Drain with a Lifetime Achievement Pro Bono Award, sponsored by the State Bar of Arizona Bankruptcy Section "for a career of overwhelming and extraordinary pro bono services in establishing the Bankruptcy Court Self Help Center and leadership in the bankruptcy pro bono programs."

"I was speechless and embarrassingly flattered by this attention. My passion has always been helping others understand the issues they may face when filing for bankruptcy," said Diane of the recognition.

The State Bar of Arizona offers its sincerest congratulations to Diane!

In the news

Federal Judge Stalls Obama's Executive Action on Immigration: The White House promised an appeal Tuesday after a federal judge in Texas temporarily blocked President Barack Obama's executive action on immigration and gave a coalition of 26 states time to pursue a lawsuit aiming to permanently stop the orders. More.

Alabama Gay Marriage Fight Echoes States' Rights Battles: Alabama Chief Justice Roy Moore's judicial building office overlooks Montgomery's Dexter Avenue, a history-soaked thoroughfare topped by the Alabama Capitol where Jefferson Davis was inaugurated president of the Confederacy and where the Rev. Martin Luther King, Jr. ended the 1965 march for voting rights. More.

from the bar

Did You Miss the February 2 Deadline to File Your State Bar Annual Statement and Dues? You can still file, but late filing fees are now in effect. Your 2015 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. More.

Run For Election to the Board of Governors: Active Members in District 8 (Pinal County) are encouraged to run for one seat on the State Bar of Arizona's Board of Governors. Nomination packages are due by Friday, February 27, 2015. More.

State Bar Seeks Public Board Member: The State Bar of Arizona's Board of Governors is accepting applications from non-lawyers from throughout the state to fill one seat on its Board. The application deadline is Friday, March 6, 2015. Participation of public members is essential to the State Bar's mission of serving the public and its efforts of making sure the people of Arizona have a strong voice in the legal system. More.

Volunteers Sought for City Judicial Selection Boards: Help screen and recommend candidates to serve as presiding and associate municipal court judges for the City of Glendale and the City of Peoria. Apply by March 6, 2015. Learn more by clicking here.

Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the annual State Bar awards are now being accepted through March 27, 2015 at 5 p.m. More.

Committee Recommends Changes to Ethical and Other Rules in Light of Changing Practice of Law: The Arizona Supreme Court last summer appointed a committee to look at recommending amendments to ethical and other rules in light of the changing practice of law. That committee�the Committee on the Review of Supreme Court Rules Governing Professional Conduct and the Practice of Law�now filed a rule-change petition�R-15-0018�proposing that the court amend a variety of rules. More.

State Bar Committees Want You. Are You Ready? As of February 1, 2015, the State Bar is 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 2, 2015. To learn more about the various committees and to fill out an application click here.

Judicial Nominees Announced: The Maricopa County Commission on Trial Court Appointments has recommended eight candidates to Governor Doug Ducey for two openings on the Maricopa County Superior Court. More.

AZTurboCourt E-filing Coming to Pima County for Civil Cases: The next generation of court automation is coming soon to the Superior Court in Pima County. AZTurboCourt will be available for civil case initiation and civil subsequent filing in the Pima County Superior Court beginning February 17, 2015. Opening a civil case and submitting additional materials related to the case used to require a visit to the Clerk of the Superior Court. More.

CLE by the Sea Sticks Around for a Few More Years: After announcing that CLE by the Sea had set sail last year, the State Bar of Arizona is thrilled to say that it's back at the beautiful Hotel Del Coronado for another exciting year. Don't miss your chance to fulfill a full year of MCLE credits, including 3 hours of ethics, while enjoying the quiet sandy beach of Coronado. This year's tracks are Trial, Family, Labor and Employment and Estate Planning, Trusts and Probate. Keep an eye out for the delivery of a detailed brochure for the event scheduled on July 19, 2015 through July 22, 2015. More.

ABA TECHSHOW 2015 - Bringing Lawyers & Technology Together: State Bar of Arizona members qualify for a discount on registration. Register before March 6, 2015 to obtain the early bird rates. You must use the Discount Code TECHSHOWEP2015. Download the registration form here.

Do You Adequately Communicate With Your Clients? Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Free Webinars from Clio: State Bar members may attend Clio's training webinars at no charge; for upcoming webinars, click here. Clio is a practice management software specifically designed for small to medium-sized firms. For a free trial or to take advantage of a 10% lifetime discount on Clio, use promo code AZBAR and click here.

Save Money on Car Insurance: You could qualify for an exclusive State Bar member discount with GEICO. Click here or call 800.368.2734 for a no-obligation quote.

Save on Car Rentals, Hotels, Software and More: Click here for the complete list of special offers from 25 companies for State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

February 3, 2015 - 1 CA-CR 13-0655 - State of Arizona v. Anthony J. Woods
Did the police officer have sufficient reasonable suspicion that the defendant was transporting drugs to detain him until a drug dog arrived? Read Opinion.

February 6, 2015 - 2 CA-SA 2014-0075 - Rene Castro, Guardian Ad Litem for Minor v. Hon. Peter W. Hochuli
Does a child's guardian ad litem have the authority to seek removal of child's counsel based on the allegation that counsel has disregarded the child's legal position? Read Opinion.


9th Circuit Court of Appeals

February 17, 2015 - 12-60069 - Carolyn L. Davis v. U.S. Bank, N.A.
Dismissal of appellant-debtor's voluntary petition under chapter 12 of the Bankruptcy Code is affirmed, where: 1) appellant's "aggregate debts" exceeded $3,792,650, the statutory limitation for chapter 12 eligibility at the time the petition was filed; and 2) appellant's "aggregate debts" included her liabilities for the unsecured portions of her creditors' claims, even though those liabilities had been discharged in an earlier chapter 7 proceeding, because a creditor's claim remains a "debt" so long as it is enforceable against either the debtor or the debtor's property. Read Opinion.

February 13, 2015 - Juan Carlos Hernandez-Gonzalez v. Eric H. Holder, Jr., Attorney General
Petition for review from a Board of Immigration Appeals' (BIA) decision finding that petitioner's conviction for weapons possession, when enhanced for sentencing purposes by a gang activity conviction, constituted a categorical crime involving moral turpitude is granted, where: 1) a gang enhancement cannot render a non-turpitudinous crime a crime involving moral turpitude; and 2) the determination must be based on the underlying crime of conviction to which the enhancement is attached. Read Opinion.



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