Volume 14, No. 23 | November 10, 2015

eye on ethics

Q: I think opposing counsel did something unethical. Do I have to report opposing counsel to the State Bar?

A: If you have actual knowledge that opposing counsel violated an ethical rule, or can infer a violation from the surrounding circumstances, and the violation raises a substantial question regarding the lawyer's honesty, trustworthiness, or fitness to practice as a lawyer in other respects, you must report the misconduct to the State Bar. However, if in the course of reporting misconduct you would be required to disclose confidential client information then you must also first seek out the consent of your client prior to making a report. ER 8.3, ER 1.6.


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member news

County Bar Association Inducts Three Arizona Judges Into Hall of Fame: The Maricopa County Bar Association inducted three Arizona judges into its Hall of Fame at an October 27 luncheon. They are: the Honorable John Gemmill from the Arizona Court of Appeals, Division 1; the Honorable Ron Reinstein, a retired Superior Court judge from Maricopa County who works as a consultant to the Administrative Office of the Courts; and the Honorable Elizabeth Finn, Presiding Judge of the Glendale City Court. More.

Court of Appeals Chief Judge Named Faculty Member of the Year: "Adjunct Faculty Member of the Year for 2014-2015" is another title that the Honorable Peter Eckerstrom, Chief Judge of the Arizona Court of Appeals, Division Two, can add to his list of credentials. The Student Bar Association at the University of Arizona's James E. Rogers College of Law recognized Judge Eckerstrom for inspiring the next generation of law school graduates. More.

In the news

Judge Shot in Austin May Have Been Targeted for Retaliation: After an attack that raised questions about whether she was the target of retaliation, state District Judge Julie Kocurek remained in stable condition Saturday after she was shot in the driveway of her west Austin home. More.

Obama Appeals Immigration Ruling to Supreme Court: President Obama will ask the Supreme Court to clear the way for his long-delayed immigration overhaul, administration lawyers said Tuesday, setting up another high-stakes legal contest in the nation's highest court over the fate of one of the president's signature achievements. More.

Trial of Vincent Asaro Highlights Loss of Mafia's Code of Silence: After he had helped pull off one of the biggest cash robberies in American history�the Lufthansa heist of 1978�and stashed millions of dollars, along with burlap sacks of gold chains, crates of watches, and diamonds and emeralds, in his cousin's basement, Vincent Asaro thought first about the code: Protect the family. More.

from the bar

Final Legislative Ad Hoc Study Committee Hearing on the State Bar to be Held Monday: A final hearing where a legislative committee is looking into whether the State Bar of Arizona should be mandatory will be held on Monday, November 16 at 2 p.m. The legislature considered a bill earlier this year that would have moved lawyer regulation to the State. That bill was defeated in the Arizona House of Representatives. More.

Public Asked for Input on Candidates for Pima County Superior Court Vacancy: The Pima County Commission on Trial Court Appointments is asking for public input on eight candidates for a vacancy on the Pima County Superior Court created by the retirement of Judge Karen Adam. The candidates are: Justin Castillo, Thomas "Tad" Denker, Peter Hochuli, Daniel Jurkowitz, Nanette Morrow, Lee Ann Roads, Ryan Schmidt, and Anita Simons. More.

Public Asked for Input on Candidates for Arizona Supreme Court by November 18: The Commission on Appellate Court Appointments is asking for public comment on nine candidates for an opening on the Arizona Supreme Court created by the retirement of Justice Rebecca White Berch. Comments should be received no later than November 18 to be considered. More.

Interviews for a Future Supreme Court Justice, November 20, Starting at 8:00 AM: The Arizona Commission on Appellate Court Appointments has selected nine individuals to be interviewed for a vacancy on the Arizona Supreme Court. The interviews will be on November 20 and they are public. At the end of the meeting, the Commission members will vote on a slate of at least 3 nominees to send to Governor Ducey, who will be making his first appointment to the Arizona Supreme Court.

The Court has posted each person's application on their website. The agenda for the meeting is here. As noted on the agenda, there may be executive sessions before and after the public interviews. Interviews will be 30 minutes long and will be simulcast/webcast. The landing page for webcast and archived videos is here.

Applications Being Accepted Through November 30 for a Vacancy on the Pima County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Pima County created by the appointment of Judge Christopher Staring to Division II of the Arizona Court of Appeals. More.

Become Involved in the Pinal County Merit Selection Process: Apply by January 8 to serve on the Pinal County Commission on Trial Court Appointments. Applicants must reside in Supervisorial District 4 in Pinal County. For other candidate criteria and an application form click here.

Do You Want to Help Answer Legal Questions? The Arizona Bar Foundation has launched a website that allows the public to ask personal legal questions through a secure portal. The Foundation asked us to help recruit a pool of attorneys willing to respond to the questions. Attorneys must be in good standing with the State Bar of Arizona and have malpractice insurance. Free malpractice insurance is available upon request. Attorneys will also have access to online forums and educational opportunities. Here's an opportunity to earn pro bono hours and provide access to justice! For more information please contact Kim.Bernhart@azflse.org.

Practice Management Tip from Clio: Do Not Print - A Lawyer's Guide to Going Paperless: Click here to learn the benefits of going paperless; which pieces of paper you'll need to keep; and the tools you need to take your firm digital from Clio, a State Bar Member Discount Provider.

If You Accept Credit Cards: State Bar members save up to 25% on standard credit card processing fees with LawPay. LawPay meets the requirements for trust account guidelines and is a service exclusively for attorneys. Call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

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.

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

October 22, 2015 - 1 CA-CV 14-0084 - Skydive Arizona, Inc. v. Marc Hogue
1. Whether the trial court erred in granting Hogue's motion to vacate and set aside judgment under Arizona Rule of Civil Procedure 60(c)(6). 2. Whether the trial court erred in instructing the jury that the limitations period for federal trademark claims was one year and whether the error prejudiced Skydive Arizona. 3. Whether the trial court erred in denying Skydive Arizona's claim for specific performance. 4. Whether the trial court erred in granting Hogue his requested attorneys' fees, costs, and expenses for all four claims. Read Opinion.

September 9, 2015 - 2 CA-CV 2014-0147 - Frank and Bettina Gambrell v. IDS Property Casualty Insurance Company
1. Does the underinsured motorist coverage in a personal automobile liability policy cover the insured while he is driving a commercial vehicle? 2. Is the commercial vehicle exception in A.R.S. � 20-259.01(C) limited to situations in which an owner or operator seeks specifically to insure a commercial vehicle? 3. Is an insurance policy required to contain specific language invoking the commercial vehicle exception to uninsured/underinsured motorist coverage found in A.R.S. � 20-259.01(C)? Read Opinion.


9th Circuit Court of Appeals

November 9, 2015 - 13-16588 - United States of America v. Mark J. Falcon
In an action to collect unpaid federally reinsured student loans from debtor-defendant, the district court's judgment in favor of the government is affirmed where: 1) the Higher Education Technical Amendments of 1991, which eliminated all statues of limitations on actions to recover on defaulted federally guaranteed student loans, did not violate the student loan debtor's due process rights; and 2) the student loan debtor failed to raise a genuine issue of material fact or a question as to liability for the amount of indebtedness alleged in the complaint. Read Opinion.

November 9, 2015 - 09-99023 - Conrad Zapien v. Michael Martel
Denial of state prisoner's petition for habeas corpus relief from first degree murder conviction and death sentence is affirmed where the California Supreme Court did not unreasonably reject his claims: 1) that he was denied due process when a prosecutor investigator destroyed an audio tape explaining defense strategy; 2) that his rights under the Confrontation Clause were violated by the admission of certain evidence; 3) of ineffective assistance of counsel at the guilt and sentencing phase; and 4) that his right to an impartial jury was violated when the trail court failed to dismiss a juror who admitted to hearing a news report that suggested petitioner would hurt his guards if he were given the death penalty. Read Opinion.



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