Volume 15, No. 6 | March 15, 2016

eye on ethics

Q: You believe your client's former lawyer acted unethically by egregiously overcharging your client. Your client, however, does not want you to report. Should you still report?

A: No. ER 8.3 does not require disclosure of information protected by ER 1.6. If the information is protected, and the client does not want you to disclose, then you are not obligated to report. See also Ethics Op. 90-13.


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member news

Nearing 80, Long-time Defense Lawyer Busy at Work: Tucson defense attorney Brick Pomeroy Storts turns 80 years old this month. He may be the oldest practicing criminal defense attorney in town, but shows no signs of slowing down. More.

In the news

Court Overturns Death Sentence in Brutal 1991 Burglary-Murders in Chandler: A federal appeals court ordered a new sentencing hearing Friday for an Arizona death row inmate convicted in the 1991 Valley murders of two people during the course of a burglary spree. A link to the opinion can be found below under 9th Circuit Court of Appeals. More.

Two Judges Disciplined for Failing to Disclose Their Romantic Relationship: Two Illinois judges have been disciplined by state legal ethics authorities for failing to reveal their romantic relationship on a timely basis. More.

O.J. Simpson Case - What the Found Knife Can and Can't Tell Us: The so-called "trial of the century" had all the drama, twists and turns one could imagine -- except for a murder weapon. More.

from the bar

Meet the Board of Governors Candidates:   Online elections will be conducted May 4 to May 18 in five Board Districts.  Eight candidates are running for seven seats (none in Maricopa County).  Meet the candidates and read their bios here.

Register Now for Spring Training for Lawyers, the Most Affordable CLE Program Offered by the Bar: Spring Training for Lawyers is March 31- April 1 and offers CLE programs on Civil Rights, Criminal Law, Indian Law, Immigration Law, Employment Law, Ethics Game Show and Legal Writing. There will be a panel discussion with in house lawyers from Microsoft, Walmart, Pinnacle West and Honeywell. Single day registration rates are available. If you haven't signed up yet, please do soon � online registration ends March 28 and rates increase March 23. Register or get more information here.

Nominate a Colleague for Annual State Bar Awards by Friday: Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the 2016 State Bar awards are now being accepted through March 18, 2016 at 5 p.m. More.

State Bar Seeks Public Board Member from Outlying Counties: The State Bar of Arizona's Board of Governors is accepting applications from non-lawyers from outlying counties to fill one seat on its Board. The application deadline is Friday, March 18, 2016. Participation of public members is essential to the State Bar's mission of serving the public and its efforts of making sure the people of Arizona have a strong voice in the legal system. An application form must be submitted to the State Bar by Friday, March 18, 2016. The form can be found here or by contacting Nina Benham at 602.340.7329 or by email at nina.benham@staff.azbar.org.

Did You Miss the February 1 Deadline to File Your State Bar Annual Statement and Dues? You can still file, but late filing fees are now in effect. Your 2016 statement is available 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. More.

Become Involved in the Merit Selection Process in Pima and Pinal Counties: The application deadline is Friday, March 18 to serve on the Pima and Pinal County Commissions on Trial Court Appointments. Applicants must reside in Supervisorial District 1 in Pima County and Supervisorial District 4 in Pinal County. For other candidate criteria and an application form click here.

Are You Interested in Joining a State Bar Committee? As of February 1, we have been accepting applications for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona. Applications must be received no later than March 29, 2016. To learn more about the various committees and to fill out an application click here.

Members Encouraged to Apply for One of Three Openings on Judicial Advisory Boards: Applications are being accepted through March 23 for vacancies on the City of Avondale and Mesa Judicial Advisory Boards and City of Peoria Judicial Selection Advisory Board. Click here for more information.

Applications Being Accepted for a Vacancy on the Pinal County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Pinal County created by the retirement of Judge Gilberto Figueroa. Click here for more information.

Applications Being Accepted for a Vacancy on the Pima County Superior Court: Applications are being accepted for a vacancy on the Pima County Superior Court created by the retirement of Judge Stephen Villarreal. Click here for more information. 

Applications Being Accepted for a Vacancy on the Yuma County Superior Court: Applications are being accepted for a vacancy on the Yuma County Superior Court created by the retirement of Judge John N. Nelson.  Click here for more information.

Help Consumers by Writing Law-Related Tips! The State Bar of Arizona seeks attorneys in all practice areas to offer consumer tips via its social media platforms. We'll be sharing tidbits of information to help consumers begin addressing their legal issues associated with family law, landlord/tenant, estate planning, personal injury, immigration, and DUI among others. If you're interested, email Alberto Rodriguez for more information.

Share Your Good News with Us! Have you recently been recognized for contributions you make to the communities you serve? Did your firm raise money for charity over the holidays? Are you a leader who is being recognized for advancing the legal profession? If so, we want to hear about it! Email Alberto Rodriguez to be considered for inclusion in a future issue of eLegal under Member News.

Should Your Firm Offer a 'Financial Wellness' Program? Human resources experts have concluded that the inability of employees to manage their personal finances negatively impacts a company's performance. Read more here from John Driscoll & Associates, a State Bar Member Discount Provider.

Discount on Clio: For a 10% lifetime discount on Clio, the practice management software specifically designed for small to medium-sized firms, use promo code AZBAR and click here.  Did you know that State Bar members may attend Clio's online training webinars at no charge? Click here for upcoming webinars.

OfficeMax Discounts: As a State Bar Member, you can save 31% - 88% on office supplies, equipment and furniture. Members will also receive discounts on certain ImPress� print and document services. Call 800.248.6343 or email advantageprograms@officemax.com.

Discounts on Hotels, Credit Card Processing and More: Click here for the complete list of companies offering State Bar Member Discounts.

court decisions

Arizona Court of Appeals
Division One
Division Two

February 16, 2016 - 1 CA-JV 15-0130 - Jeff and Erika D. v. Arizona Department of Child Safety, L.W.
1) Whether a "prospective permanent placement" as that term is used in A.R.S. � 8-862(H) (2016) always has the right pursuant to that statute to call witnesses to testify on a motion to remove the child from that placement. 2) Whether the placement preference granted by A.R.S. � 8-514(B)(3) to "another member of the child's extended family" is limited only to a "relative," as defined by A.R.S. � 8-501(A)(13) (2016). Read Opinion.

January 28, 2016 - 2 CA-CR 2015-0022 - State of Arizona v. Luis A. Peraza
1) Whether police deprived defendant of his right to counsel when they conducted a breathalyzer test although defendant was unable to contact an attorney after being given an opportunity to do so. 2) Whether a jury instruction based on A.R.S. � 28-1323(A)(5) constitutes unconstitutional burden shifting by allowing the state to introduce evidence of breathalyzer maintenance as prima facie evidence the machine was working properly. Read Opinion.

9th Circuit Court of Appeals

March 4, 2016 - 09�99019- Hedlund V. Ryan
In a habeas corpus action, the district court's denial of the petition for relief is reversed where the Arizona Supreme Court's application of a causal nexus test in considering mitigating evidence leading up to petitioner's death sentence was contrary to clearly established federal law. Read Opinion.

March 7, 2016 - 15-15996 - Melendres v. Maricopa County
In a civil rights action, brought against Maricopa County Sherrif Arpaio for the alleged racial profiling of Latino drivers and passengers, defendant county's appeal following its is dismissed as untimely where the 30 day period for filing an appeal passed before defendant was substituted into the case, and the court cannot make equitable exceptions to its jurisdictional requirements. Read Opinion.



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