Volume 14, No. 10 | May 12, 2015

eye on ethics

Q:  My co-counsel on a case passed away. When the case settles, may I pay to the executor of co-counsel's estate the deceased attorneys share of the fee, even if the executor is not a lawyer?

A: Yes. See ER 5.4(a)(1).


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A Mother's Advocacy
A judge describes his mother's efforts a generation ago to win him a fair and effective education.

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member news

Phoenix Students Win National Video Competition: Winners of the 2014-15 American Bar Association's Magna Carta Video Competition will be recognized locally by Arizona Supreme Court Vice Chief Justice John Pelander and State Librarian Joan Clark. Members of Babushka Productions won the competition with their submission "Magna Carta: What's So Great About the Great Charter?" Join them for a discussion on the film and the Magna Carta, along with the film's viewing on Wednesday, May 13 at the Arizona Capitol Museum from 3:30 to 4:30 p.m. More.

In the news

Diversity Debate Slows Selection of Phoenix's Chief Judge: The race, religion, sex and political affiliation of candidates chosen as finalists for Phoenix Municipal Court judge positions aren't supposed to be considerations. In fact, city rules expressly prohibit it. But concerns about the diversity of the city's bench, which rules on things from traffic violations to Class 1 misdemeanors, are overshadowing the search for a new leader of the court. More.

Justices Uphold Limits on Judges' Appeals for Campaign Cash: A divided Supreme Court ruled that states can ban judicial candidates from personally asking for campaign contributions, in a decision aimed at protecting the impartiality of elected judges. More.

from the bar

Board of Governors Election for Seat to Represent Pinal County Are Now Open: Attorneys and judges in Pinal County (Board District 8) will elect one member to a two-year term on the State Bar's governing board. The online election opened May 6. Meet the candidates here.

State Bar Seeks Lawyers Who Live in Tempe for Judicial Selection Advisory Board: The Tempe Judicial Selection Advisory Board has two lawyer openings. Board members recommend best qualified persons to become city magistrates and evaluate the performance of, and advise regarding the retention of, current appointed magistrates. Tempe residency required for these openings that close on Friday, May 15. More.

Client Protection Fund Board of Trustees Needs to Fill One Vacancy: The State Bar of Arizona has one opening on its Client Protection Fund Board of Trustees. If you believe you know someone who is interested in promoting public confidence in the administration of justice, we ask that you help us recruit them via your personal and professional networks. Lawyers and judges outside Maricopa County are eligible to apply for this position. Public members may be considered and are not subject to geographical restrictions. The application deadline is Friday, May 15. More.

Help Consumers With Their Landlord or Tenant Issues: The State Bar of Arizona needs your help in addressing viewer's questions regarding their landlord or tenant issues on the upcoming Lawyers on Call public service program. If you're interested in providing this valuable service to consumers on Tuesday, May 19, contact Alberto Rodriguez by clicking here.

Don't Miss Out on the Savings and the Fun at the State Bar Convention! Have you registered for the 2015 Convention? Save $50 by registering for the State Bar Convention before 5 p.m. on Friday, June 12. After that date, you'll pay more and have to register at the convention site. Did you know that the convention offers more than CLE? Attend one or more of the special events that promise to add some fun and entertainment to your convention experience! You'll need to act soon, as tickets are on a "first-come, first-served" basis. Register now by clicking here.

Electronic Filing Into Pima Superior Court: The first phase of mandatory electronic filing into Pima Superior Court has begun. AZTurboCourt is now available for general use for Pima filings as of February 16 following a pilot period. Chief Justice Bales signed A.O. 2015-82, replacing 2015-11 and providing clarification regarding e-filing exclusions. As a reminder, law firms and attorneys that have names beginning with A-M are currently mandated to e-file civil submissions into Pima Superior Court. The remaining law firms are affected by the mandate beginning May 26.

Public Comment Sought on Superior Court Applicants: The public is invited to comment on 36 applicants for three vacancies on the Superior Court in Maricopa County created by the retirement of Judges Linda Miles, Robert Miles and Boyd Dunn. Click here to review applicants.

Application Deadline for Judicial Vacancy in Gila County on May 29: Governor Doug Ducey announced he has begun accepting applications for a vacant judicial position on the Gila County Superior Court. The vacancy was created by the retirement of Judge Peter Cahill. Applications will be accepted until 5 p.m. on May 29. More.

Invitation to ABA Women Rainmakers Free Workshop this Week: Don't miss "FINDING YOUR TRUE GRIT: The Secret Ingredient in Your Success." In this interactive moderated program you will discover the key traits of "grit and growth mindset" that many successful women lawyers possess. There are limited seats available in Scottsdale and Tucson. More.

Results of the February 2015 Arizona Uniform Bar Exam: The February 2015 Arizona Uniform Bar Examination (UBE) was held February 24 and 25, 2015, in Phoenix. There were 455 applicants, of whom 266 met the score requirement for admission in Arizona. The overall pass rate was 58 percent. More.

The Difference One Day Makes: The phones started ringing early at legal aid agencies across Arizona and kept ringing as people also walked in and requested help via an online portal: 597 Arizona families were calling out for legal help in this one day. More.

Financial Tip From John Driscoll & Associates: Do your financial decisions improve your physical well-being, or produce additional stress? Click here for advice from John Driscoll & Associates, a State Bar Member Discount Provider offering disability income insurance.

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.

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 on Practice Management Software, Car Rentals, Hotels, 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

May 5, 2015 - 1 CA-CV 14-0083 - Arizona State University v. Arizona Retirement System
Was the Arizona State Retirement System required to follow the rulemaking procedure set forth in Arizona's Administrative Procedure Act before, pursuant to A.R.S. � 38-749, it adopted a policy under which it charged Arizona State University for an unfunded liability reportedly arising from the retirements of 17 employees? Read Opinion.

May 4, 2015 - 2 CA-CR 2014-0020 - State of Arizona v. Tywan D. Woods
Where the trial court orders a mistrial over the defendant's objection based on a witness's misconduct and the record does not indicate the court considered feasible alternatives to a mistrial, does a retrial of the defendant violate his right to not be twice placed in jeopardy? Read Opinion.


9th Circuit Court of Appeals

May 8, 2015 - 12-74184 - El Comite Para el Bienestar de Earlimart v. United States Environmental Protection Agency
Petition for review, brought by several community organizations challenging the EPA's 2012 approval of revisions and additions to California's Pesticide Element for its State Implementation Plan under the Clean Air Act, relating to the reduction of volatile organic compounds, precursors of ozone in the San Joaquin and Ventura air basins, is denied where the EPA was not arbitrary and capricious in construing the Pesticide Element and approving Fumigant Regulations and the State Implementation Plan (SIP) Revision. Read Opinion.

May 7, 2015 - 09-16951 - Garrick Harrington v. A. K. Scribner
In a prisoner's civil rights action arising from a lockdown imposed on African American inmates at a California state prison, the district court judgment is: 1) affirmed as to plaintiff's Eight Amendment deliberate indifference claim and the district court's decision not to appoint counsel; and 2) reversed, vacated and remanded as to plaintiff's Equal Protection claim. Read Opinion.



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