Volume 14, No. 21 | October 13, 2015

eye on ethics

Q: My client just told me that he intends to kill the opposing party. Do I have an obligation to tell on my client?

A: Yes, if you reasonably believe that your client intends to kill or cause substantial bodily harm to opposing party. See ER 1.6(b).


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member news

State Bar's Tim Eigo Wins National Leadership Award: Tim Eigo, Editor of Arizona Attorney magazine has been named the recipient of the 2015 E. A. "Wally" Richter Leadership Award. The Communications Section of the National Association of Bar Executives (NABE) recognized Eigo at its annual awards luncheon held in Orlando earlier this month. More.

Volunteer Attorneys Offer Free Legal Advice at ABC15's Consumer Event: Five attorneys joined more than 35 consumer protection providers on Thursday, October 8 for ABC15's "On the Road With Let Joe Know at Tempe Market Place. Volunteer attorneys recruited by the State Bar provided 52 one-on-one consultations during the two-and-a-half-hour consumer event. The State Bar of Arizona is thankful to the volunteer attorneys who helped consumers across the Valley. They include: Denise Blommel, Denise M. Blommel, PLLC; Dave Degnan, Degnan Law; Robert L. Greer, Baird Williams & Greer, LLP; Maya Milovic, Law Office of Maya Milovic, PLC; and Javier Sobampo, The Sobampo Law Firm, PLLC.

In the news

Joe Arpaio Contempt Hearings--More Aides to Testify Today: Sheriff Joe Arpaio and four of his aides will return to court Tuesday morning to face another round of civil-contempt hearings. Proceedings that were supposed to last for four days in April will now likely stretch into November as the case has sprouted new allegations of the Maricopa County lawman's defiance. More.

Judge in Hot Water for Buying Clerk a Beamer: A Tulare County judge is raising eyebrows in the legal community over some extravagant gifts he bought his clerk. In addition to buying his clerk gifts worth thousands of dollars, Judge Valeriano Saucedo is accused of sending the young woman hundreds of text messages. More.

7 Lawyers Turned Famous TV Stars: The JD Journal compiled a list of seven lawyers who have become television stars. Take a look at the list, you might be surprised. More.

from the bar

Ad Hoc Committee to Assess State Bar's Future as Mandatory Bar: The Arizona House of Representatives is holding an Ad Hoc Committee hearing on Monday, October 19 at 2 p.m. to gather information related to the current structure of the State Bar. More.

12 Applicants Being Considered For Opening on State's Highest Court After Justice Berch's Retirement: The public is asked for comments on 12 applicants for an opening on the Arizona Supreme Court created by the retirement of Justice Rebecca White Berch. The Commission on Appellate Court Appointments will review the applications and hear comments at a public meeting on Monday, October 19. Comments must be received by Friday, October 16. More.

Public Comment Sought on Pima County Superior Court Applicants: The public is invited to comment on eight applicants for a vacancy on the Superior Court in Pima County created by the retirement of Judge Karen Adam. The applicants are: Justin Castillo, Thomas "Tad" Denker, Peter Hochuli, Daniel Jurkowitz, Nanette Morrow, Lee Ann Roads, Ryan Schmidt and Anita Simons. Comments must be received by Friday, October 23 to be considered. More.

What You Need to Know About Food Trucks and the Law: The State Bar of Arizona's Continuing Legal Education (CLE) Department will offer "Dinner is Curbed: Mobile Eateries and the Law," a unique program that will explore the ins and outs of mobile eateries on Oct. 14 from 9 a.m. to 12:15 p.m. Attendees will hear from legal professionals who will cover the laws associated with the food truck frenzy, along with owners of local favorite Short Leash Hot Dogs, who will give you their first-hand perspective as food truck entrepreneurs. More.

Prosecutors and Public Defenders Encouraged to Apply for JRJ Grant Program by October 30: The Administrative Office of the Courts is pleased to announce the approval of Arizona's application for funding through the John R. Justice Program. The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by lessening the burden of student loan obligations. The Bureau of Justice Assistance has authorized a funding allotment of $35,767 to Arizona for this program. Applications must be postmarked by Friday, October 30. Information about eligibility, the application process and required materials can be found here on the Arizona Judicial Branch website.

Bar Seeks Family Law Attorneys for November Lawyers on Call Program: The State Bar and 12 News will host the highly popular consumer assistance program on Tuesday, November 10. If you're interested in volunteering for the two-hour phone bank, contact Alberto Rodriguez at alberto.rodriguez@staff.azbar.org.

Arizona Black Bar to Host 2015 Hayzel B. Daniels Scholarship Awards Dinner: Join the Arizona Black Bar as it hosts the 2015 Hayzel B. Daniels Scholarship Awards Dinner on Thursday, Oct. 22. This year, the Arizona Black Bar welcomes Rose McKinney-James, one of the nation's foremost experts on solar energy. More.

Results of the July 2015 Arizona Uniform Bar Exam: The July 2015 Arizona Uniform Bar Examination (UBE) was held July 28 and 29, 2015, in Phoenix. There were 650 applicants, of whom 368 met the score requirement for admission in Arizona. The overall pass rate was 57 percent. More.

Law Practice Tip from Ahern Insurance Brokerage: Entering into a business pursuit with a client may result in no coverage for claims by that client. Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Ship with UPS and Get a $25 Gift Card: State Bar of Arizona members save up to 34%, plus 50% off for up to four weeks after you enroll in the UPS� Savings Program. And, if you're a new UPS customer, you can receive a $25 Visa gift card by enrolling and sending three qualifying air shipments on your account before October 31. For details and to enroll, visit www.savewithups.com/azbar or call 1.800.MEMBERS.

Save on Secure File Sharing: State Bar of Arizona members receive a 10% discount for life with Citrix ShareFile, for secure file sharing on any device anywhere. For a free trial or demonstration, or more information, please click here.

Discounts on Software, Hotels, Credit Cards and More: Click here for the complete list of special offers for State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

October 1, 2015 - 1 CA-CV 14-0226 - US Airways, Inc. v. Qwest Corp.et al
1. Can a public utility's tariff limit its liability to a non-customer for ordinary negligence? 2. Could U.S. Airways maintain a cause of action against the company who failed to properly mark the underground lines? 3. Does Qwest have a duty to its non-customers for its negligence? Read Opinion.

August 28, 2015 - 2 CA-SA 2015-0044 - State of Arizona v. Ryan M. Gillie
Did the respondent judge err in determining a registered designated caregiver was permitted to present a defense under Arizona's Medical Marijuana Act when the caregiver possessed more than 2.5 ounces of marijuana per associated qualifying patient? Read Opinion.


9th Circuit Court of Appeals

October 9, 2015 - 14-5640 - ASSE International v. John F. Kerry, Secretary of State
In an action challenging the State Department's sanctioning of plaintiff for violating regulations related to the Exchange Visitor Program, the district court's dismissal of the suit as unreviewable under the Administrative Procedure Act (APA) is reversed where: 1) the State Department's sanctions are reviewable under the APA, 5 U.S.C. section 706(2)(A); and 2) plaintiff stated a procedural due process claim that it received constitutionally inadequate procedural protections. Read Opinion.

October 9, 2015 - 11-73433 - Jose R. Ruiz-Vidal v. Loretta E. Lynch, Attorney General
Petition for review of the BIA's decision finding petitioner removable because he was convicted of possessing a controlled substance which could be identified as methamphetamine is denied where petitioner was removable as an aggravated felon due to his no contest plea to simple possession under California Health & Safety Code section11377(a), a lesser included offense to Count 1 of the Information, sale of methamphetamine in violation of CHS section 11379(a). (Republished opinion). Read Opinion.



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