Volume 15, No. 8 | April 26, 2016

eye on ethics

Q: One of my key fact witnesses in a personal injury case is reluctant to testify because he cannot afford to take unpaid leave from work. Can I offer to pay him for the time he's missing?

A: Yes. A fact witness may receive a reasonable fee for time spent preparing for testimony and testifying. The fee may not be contingent upon the outcome of the litigation. The lawyer may advance the fee, but the client is ultimately responsible for the fee, unless the client is indigent. See ERs 1.8(e), 3.4(b) and Ariz. Ethics Op. 97-07.


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Out of Sight, Out of Mind
A new study examines the challenge and crisis of solitary confinement.

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member news

U of A Law College Association Recognizes Legal Professionals at Annual Appreciation Dinner: On Saturday, April 16, the University of Arizona Law College Association held its Annual Appreciation Dinner where it recognized five legal professionals including Ryan C. Flynn, C. Max Killian, Peter W. Likins, Hon. Roxanne Song Ong, Nicole F. Stanton, and Gary L. Stuart for their remarkable achievements. The State Bar of Arizona offers its sincerest congratulations to these stellar professionals!

In the news

Prince's Sister Says Musician Had No Known Will: Prince's sister says the superstar musician had no known will and filed paperwork Tuesday asking a Minnesota court to appoint a special administrator to oversee his estate, though the size of his fortune is unclear. More.

California Bill Would Allow Judges to Fine Jurors For Online Misdeeds: Legislation in California would allow judges to fine jurors for researching cases online or for discussing cases on social media during trials. More.

Did Litigation Kill the Beatles? As the most successful band in history, the Beatles generated not only a record number of music hits but probably more legal disputes than any other music group before or since. As the first international rock band brand in a still nascent music business�and guided by a neophyte personal manager�the Beatles became entangled in a distracting series of legal problems nearly from the start of their career. More.

16-Year-Old Develops App to Help Students Pass Arizona Civics Test: A 16-year-old has developed a free app to help students pass the Arizona civics test, which soon will be required for students to graduate. Riley Danler, a student at Primavera Online High School, created the Arizona High School Citizen app after his grandmother, Kevin Ruegg, executive director of the Arizona Bar Foundation's legal and education program, expressed a need to help Arizona students pass the Arizona civics test. More.

from the bar

The New AzBar.org is Here! The Bar is keeping up with technology to better serve YOU and the public. Our new site has been redesigned with you in mind and is now compatible with all computers and mobile devices, regardless of their size. We hope you enjoy the new azbar.org!

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.

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.

Represent the State Bar in the ABA House of Delegates: Five Delegates represent the State Bar of Arizona at the Midyear and Annual Meetings of the ABA House of Delegates. The Board of Governors will appoint two Delegates to serve two-year terms commencing September 2016. For candidate criteria and an application click here.

Miranda, More than Words: The Arizona State Library invites you to its open house event at the Historic Supreme Courtroom where they will present "Miranda, More Than Words," an event featuring original case records, items from the Phoenix Police Museum, and dialogue with arresting officer Captain Carroll Cooley. View more information here.

Public Asked for Input on Candidates For Pinal County Superior Court Vacancy: The Pinal County Commission on Trial Court Appointments is asking for public input on six candidates for a vacancy on the Pinal County Superior Court created by the retirement of Judge Gilberto Figueroa. The candidates are DeLana Jacobs Fuller, Delia R. Neal, Christopher J. O'Neil, Kathryn A. Pierce, Armando C. Rodriguez, and Lawrence M. Wharton. Written comments must be submitted by May 18, 2016 or may be addressed at the candidate hearing on May 20, 2016. More.

Share Your Input on Candidates for Pima County Superior Court Vacancy: The Pima County Commission on Trial Court Appointments is asking for public input on eight candidates for a vacancy on the Pima County Superior Court created by the retirement of Judge Stephen Villarreal. The candidates are: Janet Calkins Bostwick, David J. Euchner, Kellie L. Johnson, Nanette C. Morrow, Linda F. Penn, Daniel "Greg" Sakall, Ken Sanders, and Wayne Yehling. Written comments must be submitted by May 12, 2016 or may be addressed at the candidate hearing on May 17, 2016. More.

Developing Lawyers as Leaders�Bar Leadership Institute is Now Accepting Applications: The BLI is designed to equip Arizona lawyers with the knowledge, skills and connections necessary to serve as leaders in their profession and local communities. Application deadline is June 17 , 2016 for the 2016-17 class. For more information about the program or to apply, click here.

Help Fellow Attorneys Beat Substance Abuse: Do you know an attorney with substance abuse issues who is looking for support? There are people ready to help. Find a group on our member assistance page here or connect with a confidential Peer Support Volunteer here.

Road Conditions and Closures Affect Maricopa County Northwest Regional Court Center: Traffic conditions in the area of the Maricopa County Northwest Regional Justice Center located in Surprise will be difficult for the next eight months. For more information on the closures or for alternate routes click 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�Free Webinar May 3 on Professional Well-Being: Join Clio's Lawyer-In-Residence, Joshua Lennon and guest speaker, Jeena Cho, attorney and author of The Anxious Lawyer. Click here to save your spot at this free webinar offered by Clio, a State Bar Member Discount Provider.

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.

Need a Receptionist, But Don't Have the Budget to Hire One? 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 on Rental Cars, Hotels, Office Products and More: Click here for the list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

April 7, 2016 - 1 CA-SA 16-0031 - State of Arizona v. Hon. Michael W. Kemp
1. Did the trial court err as a matter of law by not applying the test set forth in Maryland v. Craig to the State's requested accommodation for E.P. to testify via two-way video during trial? 2. Applying the Maryland v. Craig test, should the State's requested accommodation be granted in this particular case? Read Opinion.

April 21, 2016 - 2 CA-CR 2014-0396 - State of Arizona v. Derek J. Ramos
1. Did the trial court err by precluding the testimony of defendant's alibi witness, who was first disclosed two weeks before trial? 2. Did the trial court violate defendant's right to counsel of choice by denying a motion to continue, when private counsel retained only eight days before trial had requested additional time to prepare, but nonetheless assisted appointed counsel during trial and sentencing pursuant to State v. Knapp, 114 Ariz. 531, 562 P.2d 704 (1977)? Read Opinion.

9th Circuit Court of Appeals

April 21, 2016 - 13-56379 - Estate of Bruce H. Burton v. ADT Security Servs. Pension Fund
In an action under the Employee Retirement Income Security Act (ERISA) challenging a denial of pension benefits on the basis that the plaintiff did not have sufficient years of service with an employer or its affiliates, the District Court's judgment after a bench trial in favor of defendants is reversed where the burden of proving entitlement to benefits was not properly placed on the plaintiff because the defendants were in a better position to ascertain whether an entity was a participating employer in the ERISA plan. Read Opinion.

April 20, 2016 - 15-50300 - United States of America v. Naa Alpha Onuoha
In a case in which the defendant was charged under 18 U.S.C. sections 844(e) and 1038(a)(1) for making phone calls instructing authorities to evacuate the Los Angeles International Airport, the district court's order authorizing the Bureau of Prisons to forcibly medicate the defendant to restore his competency to stand trial is reversed and remanded for further proceedings where although there is an important government interest at stake in prosecuting the defendant, the district court clearly erred in finding that the proposed course of treatment was in the defendant's best medical interests. Read Opinion.



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