Volume 15, No. 7 | March 29, 2016

eye on ethics

Q:I am admitted to practice in New Mexico, and I work in Arizona as a registered in-house counsel. Can I volunteer to do pro bono work with a local nonprofit organization?

A: Yes, as long as you meet the requirements of Rule 38(e) of the Arizona Rules of Supreme Court and you are volunteering with an approved legal services organization. See Rule 38(a), (e) for more information.


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Counsel Kudos
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member news

Former Maricopa County Juvenile Court Judge Coauthors Book With Lawyer Daughter: The book, "Every Vote Matters: The Power of Your Voice, from Student Elections to the Supreme Court," is geared toward young people, said Tom Jacobs, Former Maricopa County Juvenile Court Judge. But the content is relevant to citizens of all ages. Jacobs co-wrote the book with his daughter, Natalie, who worked as an attorney in Flagstaff for several years before joining her father to manage a website geared toward young people called, "Ask the Judge." More.

In the news

Arizona Capitol Protester Booked on Felony Charge for Safety Pin: A protester arrested Monday at the Arizona Capitol after a raucous hearing on the botched presidential primary vote was booked on a felony charge, because a safety pin in his pocket injured a state trooper. More.

North Carolina AG Won't Defend Suit Over Transgender Law: The attorney general of North Carolina has announced that his office will not defend a new state statute requiring restrooms at government buildings that are available for use by multiple persons to be restricted to those whose biological sex matches the gender indicated at the bathroom door. 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.

Make a Difference by Volunteering for Law Day 2016! The State Bar of Arizona will host its fifth annual legal aid clinic event in Phoenix on Saturday, April 30 in celebration of Law Day. The 2016 Law Day Legal Aid Clinics are part of an annual program that connects the legal community with consumers in Phoenix to provide FREE civil legal help. We are seeking 22 volunteer lawyers to provide legal help in the following practice areas: bankruptcy and foreclosure, divorce and child support, wills and trusts, and immigration. Email Alberto Rodriguez at alberto.rodriguez@staff.azbar.org by Thursday, April 14 to volunteer.

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.

Volunteers Sought For Two Professional Boards: Apply by April 22 to serve on the Client Protection Fund's Board of Trustees or on Community Legal Services' Board of Directors. For candidate criteria and an application click here.

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.

Apply for 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.

Notice of Availability of Grant Funds for Calendar Year 2017 From the Legal Services Corporation: The Legal Services Corporation (LSC) announces the availability of grant funds to provide civil legal services to eligible clients during calendar year 2017. A Request for Proposals (RFP) and other information pertaining to the LSC grants process will be available from //www.grants.lsc.gov/grants-grantee-resources during the week of April 11, 2016. View the notice here.

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.

Practice Tip - Be Cautious When Talking with Prospective Clients: Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

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 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. For a free trial or more information, please click here.

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

court decisions

Arizona Court of Appeals
Division One
Division Two

March 10, 2016 - 1 CA-CV 15-0013-FC - Gene R. Ames v Julie L. Ames
1. Whether a spousal maintenance order that sets forth a specific duration, but does not identify commencement and termination dates, terminates, for purposes of A.R.S. � 25-553, when the specified period of years passes. 2. Whether an obligee's mere acknowledgement of a spousal maintenance obligation and expression of an intent to pay qualifies as a Rule 69 agreement to extend the operative period of the spousal support order. 3. Whether a party's mere assertion that a spousal maintenance order did not terminate qualifies as a "dispute" under A.R.S. � 25-553(C). 4. Whether a statute of limitations on the enforcement of a terminated spousal maintenance order is contrary to public policy. Read Opinion.

March 21, 2016 - 2 CA-CV 2015-0157 - Peter J. Kaniowsky v. Pima County Consolidated Justice Court
1. Does Amancio v. Foster, 196 Ariz. 95, 993 P.2d 1059 (App. 1999), control the question of whether unlawful imprisonment had a jury-eligible counterpart at common law? 2. Is false imprisonment the common law antecedent for unlawful imprisonment pursuant to A.R.S. � 13-1303 and, if so, was common law false imprisonment a jury-eligible offense, thus ensuring the right to a jury trial for violations of � 13-1303? Read Opinion.

9th Circuit Court of Appeals

March 28, 2016 - 14-10557 - United State of America v. Annette N. Basa
Sentence for sex trafficking of children in violation of 18 U.S.C. section 1591(a)(1) is affirmed where: 1) the district court properly sentenced defendant under U.S.S.G. section 2G1.3(b)(4)(A) even though she did not herself engage in a sex act with a child; 2) the district court properly applied U.S.S.G. section 2G1.3(b)(2)B); and 3) the district court's decision not to depart downward for reduced mental capacity was not clearly erroneous. Read Opinion.

March 28, 2016 - 14-56101 - Robert Radcliffe v. Experian Information Solutions, Inc.
In an ethics and professional responsibility action, arising out of a dispute between class plaintiffs over conflicts of interest among class counsel, the district court's rejection of the motion to disqualify counsel is affirmed where California does not apply a rule of automatic disqualification for conflicts of simultaneous representation in the class action context and the district court did not abuse its discretion in determining that counsel will adequately represent the class. Read Opinion.



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