Volume 14, No. 26 | December 22, 2015

eye on ethics

Q: I represent defendant in a criminal case. Do I need my client's consent to openly discuss the alleged crimes listed in the complaint, even though it is public record?

A: Yes. See ER 1.6(a).


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Verdict's In
What we know about juries, misconduct, and social media.

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member news

Governor Doug Ducey Appoints Commissioner Peter Hochuli to the Pima County Superior Court: Governor Doug Ducey announced the appointment of Commissioner Peter Hochuli to the Pima County Superior Court. "Peter is a highly competent and qualified lawyer with notable experience in the juvenile law area," said Governor Doug Ducey. "I am confident that Peter will continue to provide exemplary service to the people of Pima County." More.

In the news

Lawyer Accused of Striking His Client Through Cell Bars is Acquitted: A Chicago lawyer has been acquitted of misdemeanor battery, though surveillance video showed him reaching through a courthouse holding cell and striking his client in the face with an open hand. More.

Judge Allows Defamation Claim Against Lawyer Who Admitted Drinking and Emailing: A New Jersey judge has refused to dismiss a defamation claim against a lawyer who admits he had been drinking when he sent an email that appeared to accuse a former client of extortion. More.

Substance Abuse and Mental Health Issues are a Growing Problem for the Legal Profession, say Experts: In August 2014, the ABA Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation announced that they were collaborating on a major research project to survey current rates of substance abuse, depression and anxiety among licensed attorneys throughout the United States. Now, as the two entities prepare to issue their report on the survey findings, it appears that Krill's fears have been confirmed. More.

from the bar

State Bar Closed for the Holidays: The State Bar of Arizona will be closed on Thursday, December 24 (12 to 5 p.m.) and Friday, December 25 for Christmas. Regular business hours will resume on Monday, December 28. Offices will also be closed on Thursday, December 31 (12 to 5 p.m.) and Friday, January 1 for New Year's Day. Regular business hours will resume on Monday, January 4.

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.

Help Arizona Legal Aid and Get a Tax Credit! Individuals can get a tax credit of up to $200 and couples up to $400 by donating to a qualified charitable organization. That means you can help Arizona's legal aid and get your money back (check with your tax professional to be sure). Do it by December 31 to qualify for your 2015 taxes. Learn more at AZFLSE.org.

2016 Open Enrollment has Started: You can enroll in a health plan through the State Bar Health Insurance Exchange. Avoid the healthcare confusion and find a policy that fits your needs by clicking here.

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.

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.

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 nine candidates for a vacancy on the Pima County Superior Court created by the appointment of Judge Christopher Staring to Division II of the Arizona Court of Appeals. The candidate hearing will be held on January 13, 2016. More.

Attorney David R. Wroblewski Disbarred for Negligence and Mishandled Caseload of Nearly 250 Bankruptcy Clients: On December 11, 2015, a Supreme Court Hearing Panel disbarred David R. Wroblewski from the practice of law as a result of his firm's misconduct while representing nearly 250 bankruptcy clients. More.

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.

Comment on 2015 Arizona Appellate Courts Case Processing Standards: The Arizona Appellate Courts seek your input in assessing whether the National Model Time Standards for State Appellate Courts should be adopted by Arizona. More.

Practice Tip from Citrix ShareFile - How to Improve Your Workflow: To learn six ways a virtual collaboration tool can help attorneys be more productive, click here. This information is provided by Citrix ShareFile, a State Bar Member Discount Provider offering secure file sharing.

Save on Fees 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.

Save Money on Car Insurance: You could qualify for an exclusive State Bar member discount with GEICO. Click here or call 800.368.2734 for a no-obligation quote.

Save on Hotels, Rental Cars, Office Products and More: Click here for the list of 27 companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

December 10, 2015 - 1 CA-CR 15-0074 - State of Arizona v. Donald W. Dalton
Under the circumstances presented here, did the superior court commit fundamental, prejudicial error when it did not instruct the jury to deliberate anew when the alternate joined it? Read Opinion.

November 23, 2015 - 2 CA-CR 2014-0193 - State of Arizona v. Usef L. Simmons, II
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 21, 2015 - 11-73725 - Sunny C. Viloria v. Loretta E. Lynch, Attorney General
In an immigration action, the court dismissed the petition for review of a Board of Immigration Appeals decision that petitioner had not met his burden of proving derivative citizenship. The court held that the lack of a final order of removal deprived it of appellate jurisdiction under 8 U.S.C. section 1252(b)(9). Read Opinion.

December 21, 2015 - 13-57071 - Francisco A. Garcia v. David Long
Conviction for forcible rape of a minor and multiple counts of lewd and lascivious acts on a minor is vacated and the petition for habeas corpus granted where Petitioner's "no" response to being asked whether he wished to speak with police after being read his Miranda rights was a clear invocation of his rights, and the California Court of Appeal's holding otherwise was contrary to and an unreasonable application of clearly established Supreme Court law under 28 U.S.C. section 2254(d)(1), (2). Read Opinion.



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