Volume 14, No. 13 | June 23, 2015

eye on ethics

Q: May I purge documents in my client's file that serve no material purpose, such as a page of notes that were later memorialized into a formal memo?

A: Yes, as long as you have no reason to believe that the client's interests require the preservation of the documents. See new Ethics Opinion 15-02.


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member news

State Bar Announces 2015 Award Winners: The State Bar of Arizona will recognize eight individuals and one city for their contributions to the legal profession at the State Bar Convention at the Arizona Biltmore Resort & Spa. More.

In the news

Confederate Flag Debate Sweeps South--South Carolina, Mississippi: State legislators across the South are now taking up the debate over the prominence of the Confederate flag in their states after conservative leaders displayed a sudden swell of support on Monday for removing the Confederate flag from the Statehouse grounds in South Carolina. More.

Colorado GOP Says Lawyer Spoke with Prosecutors Over Scandal: A Colorado Republican Party spokesman said Tuesday that party lawyers have talked with prosecutors about allegations that several leading Republicans tried to blackmail the chairman of the state GOP into resigning. More.

Appeals Panel Says 'Spectacle' of a Trial Shouldn't Have Happened: With one judge saying the case was a "spectacle," a panel of the Georgia Court of Appeals has ruled that a criminal trial boycotted by the Fulton County District Attorney's Office shouldn't have taken place in light of an appeal filed by prosecutors. More.

from the bar

State Bar Convention is Here! The Annual Convention is the flagship event of the State Bar. Packed with 49 CLE seminars and plenty of networking opportunities, the Convention is an amazing opportunity to experience the State Bar at its best. Whether you attend for one day or all three days, you--and your family--can combine education with relaxation at the legendary Arizona Biltmore. More.

State Bar Offices Closed for Holiday: The State Bar of Arizona will close on Friday, July 3 in observance of the Fourth of July holiday. Regular business hours will resume on Monday, July 6.

Committee on the Rules of Professional Conduct Releases Opinion 15-02: The Committee on the Rules of Professional Conduct has released Ethics Opinion 15-02, addressing the obligation of lawyers to retain documents generated in the ordinary course of representation. Read the ethics Q&A in today's eLegal and review the Opinion after.

Former White House Counsel John W. Dean to Speak at CLE by the Sea: John W. Dean, former White House Counsel for President Richard Nixon who is notable for his role in the Watergate Scandal, will address CLE by the Sea participants. Dean, along with Jim Robenalt will be presenting Watergate III: Breaking Rank on Sunday, July 19 at our highly regarded program in San Diego. Read more about the program and register here.

Judicial Nominees Announced for Openings Created by Three Retired Judges: The Maricopa County Commission on Trial Court Appointments has recommended 12 candidates to Governor Doug Ducey for three openings on the Maricopa County Superior Court. Openings were created by the retirement of Judges Linda Miles, Robert Miles and Boyd Dunn. More.

Public Comment Sought on Superior Court Applicants: The public is invited to comment on 52 applicants for six vacancies on the Superior Court in Maricopa County created by Judges Mark Aceto, A. Craig Blakey, Norman Davis, Bethany Hicks, Thomas LeClaire and Gerald Porter. The Maricopa County Commission on Trial Court Appointments will review the applications and take public testimony at a meeting on July 1. More.

Program Offers Free Wills to Local First Responders by Volunteer Attorneys: A program that has helped 8,622 first responders in Arizona protect their families celebrated its 10th anniversary. On Thursday, June 4, Wills for Heroes marked its 10th year providing free estate plans for those who put their lives on the line protecting the people of Arizona. More.

Volunteers Sought for Supreme Court Committees and DNA-People's Legal Services Board: Apply by September 1 to serve on the Court's Committee on Character and Fitness or its Committee on Examinations. The largest Native American legal services program � DNA - seeks a volunteer to serve on its board of directors. For candidate criteria/qualifications and more information click here.

Interested in Public Speaking and Community Outreach? New Adventures in Learning, a lifelong learning arm of Chandler-Gilbert Community College, is looking for attorneys to speak to retired lifelong learners during its fall semester. Topics include the judicial system, estate planning concerns, environmental law, education law, and elder law. Presenters choose the length of the session, number of sessions, date, time, etc. If you're interested, contact Jan Bobbett, Curriculum Chair, at 480.895.9833 or classes@newadventures.info.

Law Practice Tip from Ahern Insurance Brokerage: Can you stop working on a client matter if the client stops paying? Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Save on Payroll Processing: Save time and money when processing payroll--even from your mobile device - 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.

Are You Insured for That? Find State Bar member discounts on several types of insurance, including liability, long term care, disability, auto, and business. Click here for the full list.

Discounts on Software, Credit Cards, Hotels and More: To see all 25 companies offering special discounts to State Bar members, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 16, 2015 - 1 CA-SA 15-0058 - State of Arizona v. Hon. Philip Rogers and Hon. John R. Ditsworth and Joseph C. Morgan
When a defendant whose blood test indicated 0.17 BAC within 2 hours of actual physical control of a vehicle is charged with three DUI offenses and is acquitted of "extreme DUI" (BAC of 0.15 or higher) but subject to retrial on DUI-impaired and DUI with BAC of 0.08 or higher, should the court instruct the jury in the second trial that the 0.17 BAC test result is in some way tarnished or unreliable by virtue of the acquittal of the extreme DUI charge? Read Opinion.

May 27, 2015 - 2 CA-CR 2015-0049-PR - State of Arizona v. Angelica M. Werderman
Is our supreme court's holding in State ex rel. Montgomery v. Harris, 234 Ariz. 343, 322 P.3d 160 (2014), a significant change in the law entitling the defendant to relief pursuant to Rule 32.1(g), Ariz. R. Crim. P.? Read Opinion.


9th Circuit Court of Appeals

June 22, 2015 - 12-17151 - David Laughing Horse Robinson v. Sally Jewell
In a case brought by the Kawaiisu, a non-federally recognized Native American group, asserting title to the Tejon Ranch, one of the largest continuous expanses of private land in California, the district court's dismissal is affirmed where: 1) it properly determined that the Tribe had no ownership interest in the Tejon Ranch and that no reservation was established; and 2) the claims against Kern County were subsumed into the Tejon Ranch ownership determination, while the claims asserted against the Secretary of the United States Department of the Interior, and plaintiff's individual claims, were waived for failure to assert them on appeal. Read Opinion.

June 22, 2015 - 12-35434 - WildEarth Guardians v. United States Forest Service
In an action challenging the United States Forest Service's decision to designate over two million acres of public land in the Beaverhead-Deerlodge National Forest for use by winter motorized vehicles, the district court's judgment regarding the challenge under the National Environmental Policy Act is: 1) affirmed in part, where the Environmental Impact Statement sufficiently analyzed the impacts of snowmobiles on non-motorized recreational uses throughout the Revised Forest Plan area; and 2) reversed in part as to grant of summary judgment to the Government, where the Environmental Impact Statement did not provide the public adequate access to information about the impact of snowmobiles on big game wildlife and habitat and did not allow the public to play a role in the decision making process. The district court's judgment regarding the challenge to the Forest Service's compliance with Executive Order 11644 is: 1) reversed as to ruling that the Forest Service adequately applied the minimization criteria in the Travel Management Rule; and 2) affirmed where plaintiffs' challenge to the Subpart C exemption in the Travel Management Rule, which exempted over-snow vehicles from compliance with the minimization criteria, was not ripe for review because the Forest Service did not apply Subpart C to justify its actions in this case. Read Opinion.



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