Volume 14, No. 24 | November 24, 2015

eye on ethics

Q: I represent a plaintiff. I just learned that defendant's attorney is suspended. May I communicate directly with defendant without running afoul of the ethical rules?

A: Yes. You may communicate with defendant directly until you learn that defendant is represented in this matter by an attorney in good standing. See ER 4.2. See also ER 4.3 regarding communications with an unrepresented person.


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Great Charter's Birthday
Two Arizona lawyers attended Magna Carta's U.K. bash. Here's their story.

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member news

State Bar Receives Excellence in Education Award: The Arizona Society of Association Executives will be presenting its Excellence in Education Award to the State Bar next month for its work in providing outreach and education to the Hispanic Community.

Volunteer Attorneys Offer Free Family Law Advice: Eight attorneys volunteered to answer viewers' questions on the State Bar of Arizona and 12 News' Lawyers on Call public service program on Tuesday, November 10. Volunteers answered 156 calls during the two-hour phone bank. The State Bar of Arizona is thankful to the volunteer attorneys who helped consumers across the Valley. They include: Taylor Anderson, Anderson & Cabrera Law Group; Ryan Borges, The Borges Law Firm; Rebecca Browning, Browning Law Office; Tabitha Cabrera, Anderson & Cabrera Law Group; Craig Cherny, Canterbury Law Group; Kina Harding, The Harding Firm; Daniel Rodriguez, Diaz, Rodriguez & Associates; and Jennifer Shick, Shick Law Offices.

In the news

Lawsuit Urges Top State Court to Explain Powers of Pennsylvania AG Kathleen Kane, Whose Law License is Suspended: A Pennsylvania attorney known for his political activism filed a writ of mandamus on Monday asking the state's top court to invoke its King's Bench powers to determine if an attorney general with a suspended law license can continue to head the state attorney general's office. More.

HIV Now Treatable but Most States Keep Laws Criminalizing It: Charlie Sheen's recent revelation that he's HIV-positive served as a reminder that his home state of California remains among a large group of states with HIV-specific criminal laws that activists consider outdated and that the U.S. Justice Department says should be revised. More.

Bar Exam Pass Rates Drop Across the Country: Bar exam passage rates sank in several big states, indicating a drop in the qualifications of students amid fewer law school applications. More.

from the bar

State Bar Closed for Thanksgiving Holiday: The State Bar of Arizona will be closed on Thursday, November 26 and Friday, November 27 for Thanksgiving. Regular business hours will resume on Monday, November 30.

Legislative Ad Hoc Study Committee Holds Final Hearing on December 7: The legislative committee looking into whether the State Bar of Arizona should be mandatory will hold its final hearing on Monday, December 7. The committee will then make its recommendation to the legislature. 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.

Nominees for Arizona Supreme Court Announced: The Commission on Appellate Court Appointments has recommended seven nominees to Governor Doug Ducey for an opening on the Arizona Supreme Court. View nominees here.

Applications Being Accepted Through Nov. 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.

Rise in Youth in Foster Care Means Increased Need for Volunteer Foster Care Review Board Members: State law requires that a volunteer board of everyday citizens review the case of every child who is placed in an out-of-home care. These reviews are done every six months. The rapid increase in the number of children in out-of-home placement � more than 18,000 youth under the age of 18 � has resulted in a critical need for volunteers to serve on Foster Care Review Boards (FCRB). More.

Become Involved in the 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.

How Might You Head Off Future Conflicts with Waivers? Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

Did You Know 1 in 3 Professionals will Become Disabled for Six Months or More in Their Career? Click here to learn how disability income insurance could provide you with a continuing income if sickness or injury should prevent you from working. Receive a permanent 10% discount from John Driscoll & Company, Inc, a State Bar Member Discount Provider.

FREE, Unlimited Online Legal Research: State Bar members can access free, unlimited online legal research through a member benefit powered by Fastcase. Click here for more information.

Member Discounts: Click here to see the 27 companies offering State Bar member discounts, including car rentals, hotels and software.

court decisions

Arizona Court of Appeals
Division One
Division Two

November 24, 205 - 1 CA-CV 14-0838 - Catalina Foothills Unified School Disctrict v. La Paloma Property Owners Association
1. Whether A.R.S. � 12-1111(3) empowers a school district to acquire privately owned land by eminent domain for use as access to school buildings and grounds. 2. Whether the principle that a public entity must take a fee simple interest in property when it exercises the power of eminent domain precludes an entity from taking property by condemnation, then immediately granting an easement to the private party that formerly owned the property. 3. Whether, when a public entity has granted an easement to the former owner, the jury may consider the easement when it determines severance damages due the former owner. 4. Whether, under A.R.S. �� 12-1123(B) and 44-1201, prejudgment interest to be paid by a school district that has condemned private property is calculated pursuant to � 44-1201(B). Read Opinion.

Novermber 16, 2015 - 2 CA-CR 2015-0008 - State of Arizona v. Michael A. Salcido
Under A.R.S. � 28-754, did the detaining officer's vehicle alone constitute "other traffic" when defendant performed an unsignaled lane change? Read Opinion.


9th Circuit Court of Appeals

November 20, 2015 - 14-10318 - United States v. James E. Dixon
Sentence for being a felon in possession of a firearm is vacated and remanded for resentencing where the court held that a conviction for robbery under California Penal Code section 211 does not constitute a violent felony under the Armed Career Criminal Act, 18 U.S.C. section 924(e)(2)(B). Read Opinion.

November 20, 2015 - 13-16273 - Darryl D. Shirley v. James A. Yates
In a habeas corpus petition raising a claim under Batson v. Kentucky, 476 U.S. 79 (1986), the district court's denial of the petition is reversed where the prosecutor's statement of general reasons for striking jurors during selection, absent an actual recollection of the reason for issuing the peremptory challenge, was insufficient to satisfy the third-step of a Batson analysis to determine purposeful racial discrimination. Read Opinion.



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