Volume 14, No. 14 | July 7, 2015

eye on ethics

Q: My former client has requested additional copies of documents I already provided, free of charge, during the representation. May I charge my former client for these subsequent copies?

A: Yes. It is, however, wise to inform the client of your policy for providing copies. This will help your client understand the need to retain original copies to avoid being charged for additional copies. See Ethics Opinion 15-02.


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Commercial Court Launched
July 1 saw the launch of a new court dedicated to commercial matters. Our Q&A explains the court's mission and the cases it takes.

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member news

New Members Welcomed to the Arizona Judicial Council, 3 Reappointed: Members of the Arizona Judiciary Council celebrated its 25th anniversary on June 15, during which it added seven new members and reappointed three. The policy making body that oversees the judicial system in Arizona welcomed Hon. Janet Barton, Hon. Michael Brown, Hon. Kyle Bryson, Bryan Chambers, Hon. Louis Frank Dominguez, Gary Krcmarik, Tony Penn, Hon. Monica Stauffer, Hon. Rachel Torres Carrillo, and Hon. David Widmaier. More.

In the news

Major Supreme Court Cases in 2015: Take a look at how Supreme Court Justices ruled in 15 cases this term. View them here.

Supreme Court Won't Hear Jailed Congressman's Appeal: The Supreme Court passed on a chance to expand the constitutional protections enjoyed by members of Congress. The justices declined without comment the case of former congressman Rick Renzi (R-Ariz.), who recently began a three-year federal prison term after being convicted on 17 counts including wire fraud, extortion and money laundering. More.

from the bar

Last Chance to See 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.

Aspiring Trial Attorneys Shouldn't Miss This Exclusive Bar Program: The College is an intensive, five-day workshop that provides practical hands-on training for trial lawyers. It culminates in a half-day mock trial with live jurors and judges in a Maricopa County Superior Court courtroom. The program is designed to significantly develop and refine the skills necessary for excellence in trial practice. There are a few spots still available. More.

State Bar CLE Offers Live Audio Programming: The State Bar of Arizona continues to offer live, one-hour audio programming for Bar members through its partnership with WebCredenza. These intermediate or advanced level seminars will largely be transactional in nature. The speakers are practice and thought leaders within their practice areas and beyond. Join in the seminar discussion with your peers across the country. View the selection and register for the audio webcast at //www.azbar.org/CLE or //az.webcredenza.com/.

Report Confirms that New and Innovative Ways to Deliver Legal Services in Arizona are Necessary: Legal professionals and community leaders are taking steps to solve the shortage of accessible legal services in Arizona. ARIZONA FORWARD, a day-long conference held in April that focused on finding new and better ways to deliver legal services, has released its findings. More.

Judge Timothy Wright Appointed Presiding Judge for Gila County: The Arizona Supreme Court today appointed the Honorable Timothy M. Wright to a three-year term as Presiding Judge of Gila County. The Arizona Supreme Court has the responsibility of selecting each county�s presiding judge. More.

Arizona Supreme Court Censures Justice of the Peace: The Commission on Judicial Conduct announced that on June 26, the Arizona Supreme Court censured Justice of the Peace Larry A. Bravo for misconduct while in office. More.

Volunteers Sought for ABA House of Delegates, Supreme Court Committees and DNA-People's Legal Services Board: Apply by September 1 to serve as a State Bar Delegate in the ABA House of Delegates or 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.

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.

Nine Applicants Being Considered For Arizona Court of Appeals: The public is asked for comments on nine applicants for an opening on Division II of the Arizona Court of Appeals created by the retirement of Judge Virginia Kelly. The applicants are Sean Brearcliffe, Christina Cabanillas, Deanna Conn, David Euchner, David Hardy, Cynthia Kuhn, D. Douglas Metcalf, Christopher Roads and Christopher Staring. Their applications can be viewed here. Read more here.

Public Asked for Input on Candidates For Superior Court Vacancies: The Maricopa County Commission on Trial Court Appointments is seeking public input on 27 candidates for six openings on the Maricopa County Superior Court. The candidates are: Alison Bachus, Michael Blair, Gregory Como, Wendy Coy, Kristin Culbertson, Kimberly Demarchi, Michael Gottfried, Mark House, Michelle Johnson, Todd Lang, Kerstin LeMaire, Edith Lucero, Steven Lynch, Michael Mandell, Phemonia Miller, Scott Minder, Sharon Ng, Erin O'Brien Otis, Joshua Rogers, Aryeh Schwartz, Louis Seletos, Shellie Smith, Ronee Steiner, Howard Sukenic, Annielaurie Van Wie, Lisa VandenBerg and Roy Whitehead. More.

Financial Tip from John Driscoll & Associates: Should temporarily-low gas prices be a rationale for consumers to switch to a larger vehicle? Click here for points to consider from John Driscoll & Associates, a State Bar Member Discount Provider offering disability income insurance.

Save at OfficeMax: As a State Bar Member, you can save 31% - 88% on office supplies, equipment and furniture. Members will also receive discounts on certain ImPress� print and document services. Call 1.800.248.6343 or email advantageprograms@officemax.com.

Ship and Save with UPS: Save up to 34% with the UPS� Savings Program for State Bar members, even if you already have a UPS account. Plus, get 50% off select services for up to four weeks after you enroll. Click here for details. To enroll and start saving, visit savewithups.com/azbar or call 1.800.MEMBERS (1.800.636.2377), M-F, 8 a.m. � 6 p.m. EST.

Save on Hotels, Car Rentals and More: Click here to see the 25 companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 25, 2015 - 1 CA-CV 14-0408 - Diane and Tom Hirsch v. Arizona Corporation Commission
1). Whether the Arizona Corporation Commission (Commission) is required to prove loss causation in an action for enforcement of the Arizona Securities Act (ASA). 2). Whether the Commission presented sufficient evidence to support a finding that Appellants committed nine hundred violations of the anti-fraud provisions of the ASA, contained in A.R.S. � 44-1991(A). 3). Whether the Commission abused its discretion in imposing administrative penalties, totaling $2.15 million, against Appellants, for its violations of the ASA. 4. Whether the Commission abused its discretion in ordering Appellants to pay "restitution," as defined in the ASA, in the full amount of the principal solicited from participants through the loan program in the amount of $189,800,867, rather than limiting the order to the profits Appellants personally retained. Read Opinion.

June 24, 2015 - 2 CA-JV 2014-0127 - Louis C. v. Arizona Department of Child Safety
In light of the legislature's enactment of the "Parent's Bill of Rights," A.R.S �� 1-601 and 1-602, and A.R.S. � 13-205, titled, "Affirmative defenses; justification; burden of proof," did the juvenile court err in adjudicating a child dependent based on a preponderance of the evidence, as directed by A.R.S. � 8-844(C)? Read Opinion.


9th Circuit Court of Appeals

July 2, 2015 - 13-50461 - United States v. Peter H. Pocklington
District court's order retroactively revoking a defendant's probation and imposing penalties for purported probation violations is reversed where the Violent Crime Control and Law Enforcement Act, 18 U.S.C. section 3565(c), which conditions the "power of the court" to adjudicate probation violations after the probation period expires on the issuance of "a warrant or summons" before the expiration date, is jurisdictional, and because the government did not get a warrant or summons before the defendant's probation expired, the district court lacked jurisdiction to extend the defendant's probation beyond its termination date. Read Opinion.

June 29, 2015 - 14-70486 - United States v. United States District Court for District of Nevada
In a petition for a writ of mandamus brought by the US challenging the a district court judge's policy of denying the applications for pro hac vice admission of US Department of Justice attorneys who are not admitted to the Nevada Bar, the petition is denied without prejudice where, although the reversal of the challenged order did not render the controversy moot, it rendered a formal writ of mandamus a superfluous or ineffective remedy. Read Opinion.



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