Volume 14, No. 25 | December 8, 2015

eye on ethics

Q: Can I accept payment for the representation of my client from client's parents?

A: Yes, as long as the client gives informed consent; there is no interference with your professional judgment or the lawyer-client relationship; and confidential information is protected as required by ER 1.6. See ER 1.8(f).


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Leader in a Hurry
Our profile of new State Bar President Geoff Trachtenberg

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member news

Bar Leadership Institue Graduate Named Member of the Year by Association of Corporate Counsel: K Royal, a Bar Leadership Institute (BLI) graduate and member of the Bar's Committee on Minorities and Women in the Law, has received the Member of the Year Award from the Association of Corporate Counsel (ACC). One of the highest honors the ACC can bestow, Royal was selected from among over 40,000 fellow members around the globe for her exceptional contributions and dedication to the association. More.

In the news

Supreme Court Won't Hear Challenge to Assault-Weapons Ban; Thomas and Scalia Dissent: The U.S. Supreme Court has refused to hear a challenge to a Chicago suburb's ban on semi-automatic weapons. The court denied cert on Monday morning, report the Chicago Tribune, SCOTUSblog and the Washington Post. The denial lets stand a decision by the Chicago-based 7th U.S. Circuit Court of Appeals that upheld the ban. More.

Can Police Deny the Press Access to a Crime Scene? The First Amendment of the US Constitution guarantees a free press. But freedom of the press refers to journalistic expression and does not mean that members of the press are actually free to do whatever they please. Police can certainly deny reporters access to a crime scene and those who ignore warnings can be charged with trespass or other crimes. More.

from the bar

State Bar Closed for the Holidays: The State Bar of Arizona will close early on Friday, December 11 from 12 to 5 p.m. and will resume regular business hours on Monday, December 14. It will also be closed on Thursday, December 24 and Friday, December 25 for Christmas. Regular business hours will resume on Monday, December 28.

File Your State Bar Annual Statement and Dues Online: Your 2016 statement is available now for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 1, 2016. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2016. More.

House Ad Hoc Study Committee on Mandatory Bar Associations Makes Recommendations: At the conclusion of its fourth hearing, the House Ad Hoc Study Committee on Mandatory Bar Associations made five recommendations. It is suggesting legislation that would call on the Arizona Supreme Court to create rules requiring more transparency with regards to State Bar activities and respecting the first amendment rights of attorneys. You can read the recommendations here.

Important Health Insurance Deadline: Time is running out for you to enroll in a health plan through the State Bar Health Insurance Exchange with coverage starting on January 1. You must enroll by December 15 to get coverage starting at the beginning of 2016. Avoid the healthcare confusion and find a policy that fits your needs by clicking here.

Public Comment Sought on Superior Court Applicants: The public is invited to comment on 18 applicants 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. The Pima County Commission on Trial Court Appointments will review the applications and take public testimony at a meeting on December 10, 2015 at the Tucson Police Department. More.

Applications Being Accepted Through January 4 for a Vacancy on the Maricopa County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Maricopa County created by the resignation of Judge Joseph Sciarrotta, Jr. More.

Help a Vet at the 2016 Arizona StandDown: The State Bar of Arizona will join the Arizona StandDown as one of many service providers that will offer direct services and resources to homeless and at-risk veterans at a three-day event in January. We are seeking volunteer attorneys to provide legal aid in bankruptcy law, family law, landlord/tenant, and probate/trust law to the veterans on Thursday, January 28; Friday, January 29; and Saturday, January 30, 2016 at the Bar's civil legal clinic. For more information or to volunteer, contact Alberto Rodriguez via email or at 602.340.7337.

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 Friday, 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.

Share Your Opinion on Proposed Revisions to the Criminal Jury Instructions: Members are being asked to share their comments on Proposed Revisions to Criminal Jury Instructions. View the revised instructions here. Comments should be sent to ilona.kukan@staff.azbar.org by the February 5 deadline.

Ways to Market Your Law Firm on a $0 Budget: Click here for practical networking and content marketing strategies to apply to your no-cost legal marketing, from State Bar Member Discount Provider Clio.

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

Hire a Receptionist for a Fraction of the Cost: State Bar members receive a 10% discount with Ruby Receptionists, a live, custom virtual receptionist service. To learn more, go to www.callruby.com/azbar or call 866.611.7829.

Save More: Click here to see offers for State Bar members from 27 companies, including hotel discounts, car rentals, and credit cards.

court decisions

Arizona Court of Appeals
Division One
Division Two

December 8, 2015 - 1 CA-SA 15-0203 - State of Arizona v. Hon. Jose Padilla/Chris A. Simcox
1. Whether A.R.S. � 13-1421(A)(5) requires, among other things, that defendant prove by clear and convincing evidence that the victim's prior allegation of sexual misconduct was false before such evidence is deemed admissible under that statute. 2. Whether, under the Victims' Bill of Rights, Ariz. Const. art 2, � 2.1, as implemented in the Victims' Rights Implementation Act, A.R.S. � 13-4401, et seq., (A) Lindsay R. v. Cohen, 236 Ariz. 565, 343 P.3d 435 (App. 2015) precludes the ability of private counsel representing the minor victim's interests from asserting victim's rights in pretrial proceedings and (B) the minor victim's rights to standing and have her own counsel were violated when private counsel representing the minor victim's interests was prohibited from asserting and making arguments to protect victim's rights during pretrial proceedings. Read Opinion.

November 23, 2015 - 2 CA-CR 2014-0193 - State of Arizona v. Penny A. West
Whether a defendant can be convicted of violating A.R.S. � 13-3417(A), which prohibits using any wire or electronic communication to facilitate or conspire to commit certain offenses, when he is a principal in a buy-sell drug transaction and there is no evidence of any wire or electronic communication by him with any person except the other principal. Read Opinion.


9th Circuit Court of Appeals

December 8, 2015 - 12-17189 - Darious A. Mays v. Ken Clark
The panel affirmed the district court's denial of Darious Antoine Mays' habeas corpus petition challenging his conviction for first-degree murder. Read Opinion.

December 8, 2015 - 12-136045 - Thomas W.S. Richey v. D. Dahne
The panel denied a motion filed by the appellee which sought to revoke appellant's in forma pauperis status on appeal under the "three strikes" provision of the Prison Litigation Reform Act, 28 U.S.C. � 1915(g), and the panel also reversed, in an unpublished memorandum disposition filed jointly with its opinion, the district court's dismissal of appellant's lawsuit for failure to state a claim, and remanded. Read Opinion.



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