Volume 15, No. 9 | May 10, 2016

eye on ethics

Q: I have practiced employment law for several years, and now I want to change careers and start a separate consulting business. May I form a partnership with an experienced HR manager who is not a lawyer?

A: Yes. ER 5.4(b) prohibits forming a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. So long as you are not engaged in the practice of law as defined by Ariz. R. Sup. Ct. 31(a), you may form a partnership with the HR manager.


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member news

24 Volunteer Attorneys Help More Than 300 Consumers at Bar's Legal Aid Clinics: On Saturday, April 30, the State Bar of Arizona held the 2016 Law Day Legal Aid Clinics where 24 of its members offered free one-on-one legal consultations at two Valley locations. Volunteer attorneys provided 325 consultations during law clinic to the 306 consumers who were seen--a dramatic increase from last year's 216 consultations. Several attorneys offered free follow-up services after the clinic to consumers who needed additional help.

The State Bar of Arizona expresses its sincerest appreciation to the following volunteer attorneys: Henry Alzate, Alzate DuComb Law Firm, PLLC; Marysol Angulo, Hernandez Global; David Bonfiglio, David T. Bonfiglio, PC; Jennifer Brown, Brown Legal Group, PC; Steph Easterling, Law Offices of Stone & Davis, PC; Andrew Ellis, Andrew M. Ellis Law, PLLC; Kurt Goering, Kurt A. Goering, PC; Ryan Hardy, Hardy Law Firm, PLC; Georgette Hasiotis, Brown & Hasiotis, PLLC; Cody Hayes, Hayes Esquire, PLLC; Ezequiel Hernandez, Hernandez Global; Brant Hodyno, Brant Hodyno, Esq.; Jeff Katz, Community Legal Services; Richard Lee, Community Legal Services; Heidi Lukacsik, Lukacsik Law Office, PC; Judy Miller, Judy M. Miller, PC; Maricela Moffitt, Brown & Hasiotis, PLLC; Lorraine Morey, Morey Law, PLLC; Judd Nemiro, Law Office of Judd S. Nemiro, PLLC; Travis Owens, Law Office of Judd S. Nemiro, PLLC; Noah Peterson, Law Office of Judd S. Nemiro, PLLC; James Rayburn, Rayburn Law Office; Fae Sowders, Sowders Law, LLC; and S. Carolyn Wilson, Takhone Law Center, PLC. Thank you! More.

In the news

White House Sends Garland's Questionnaire to Senate: Supreme Court nominee Merrick Garland submitted a questionnaire detailing his experience to the Senate Judiciary Committee on Tuesday, taking another step in the White House's effort to break a Senate blockade on his nomination. More.

First Trial of Movie Theater Owner Over Mass Shooting at Batman Premiere Begins in Colorado: Two months before James Holmes killed 12 people and wounded dozens more in a shooting massacre at a premiere of the Batman film The Dark Knight Rises in suburban Denver, the U.S. Department of Homeland Security issued a warning about the potential for such attacks. But the jury selected this week to hear the first civil case to go to trial against the owner of the Aurora movie theater over the 2012 shooting won't be told about the DHS memo. More.

Arkansas Lawyer Admits Taking $100K in His Law Firm's Funds, Gives Up Law License: An Arkansas lawyer has given up his law license in Arkansas and Oklahoma after acknowledging he converted more than $100,000 of law firm funds to his own use. More.

from the bar

HB2221 Defeated: A bill in the legislature that attempted to create a two-tiered membership system within the State Bar failed to pass the Arizona Senate last week. HB2221 lost on an 11-18 vote. A second piece of legislation, HCM2002 that implied the bar lacks transparency and violates the US Supreme Court's Keller ruling, also failed to pass. Read the letter from Bar president to members here.

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.

Represent the State Bar in the ABA House of Delegates: Apply by May 27 to be one of five Delegates who 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.

Applications Being Accepted for Two Vacancies on the Maricopa County Superior Court: Applications are being accepted for two vacancies on the Superior Court in Maricopa County created by the retirement of Judge J. Richard Gama and Judge Roland Steinle. Applications must be submitted by Friday, May 27, 2016. More.

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´┐ŻBar 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 Your 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.

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: A critical element in wealth-building activities is human capital, and the value of life and disability insurance is that it protects one's human capital. Read more here from John Driscoll & Associates, a State Bar Member Discount Provider.

Special Offer: Buy one month of service from Citrix ShareFile and get one month free. Citrix is a State Bar Member Discount Provider for encryption, large file sharing, syncing and storage. Contact Sara Jenkins at 919.745-6241 or sara.jenkins@citrix.com. Expires May 31, 2106. Or, click here to sign up for a free trial.

Save on Credit Card Processing Fees: 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.

Discounts on Legal Software, Rental Cars 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

April 21, 2016 - 1 CA-CR 15-0002 - State of Arizona v. Reggie G. James
Whether a person may be convicted for driving intoxicated when an Ignition Interlock Device (IID) is required, when the order requiring the IID is not yet in effect. Read Opinion.

April 22, 2016 - 2 CA-CV 2015-0067 - In Re the Marriage of Mauricio F. Margain and Elsa L. Ruiz-Bours
1) Should this court dismiss appellant father's appeal because he violated the trial court's orders not to remove the child from Pima County and Arizona? 2) Did the trial court err by denying appellant father's petition for expedited enforcement of a child custody determination made in Mexico, concluding that the family court in Mexico had not made its child custody determination in substantial conformity with the jurisdictional standards of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)? Read Opinion.

9th Circuit Court of Appeals

May 9, 2016 - 14-55681 - Alan G. Gimenez v. J.T. Ochoa
In a second petition action for writ of habeas corpus relief from conviction of second degree murder of petitioner's infant daughter, based on the prosecution's theory that his daughter was a victim of shaken baby syndrome, the district court's denial of petition is affirmed where: 1) the ineffective assistance of counsel claim, which concerns errors primarily related to the use of expert testimony, is barred as successive because his arguments don't present a claim for relief that is distinct from the claim raised in his first petition; and 2) petitioner can't obtain relief under 28 U.S.C. section 2244(b)(2)(B)(ii) on the theory that the prosecution introduced false testimony by incorrectly interpreting key hospital records in violation of his due process rights, because petitioner simply presents a battle between experts who have different opinions about how his daughter died. Read Opinion.

May 6, 2016 - 13-10517 - United States of America v. Jason Lee
Sentence for conviction of distributing crack cocaine is vacated and remanded for resentencing where neither the defendant's conviction under Calif. Penal Code section 243.1 nor his conviction under section 69 was for a "crime of violence" as defined by the residual clause of the career offender guideline, U.S.S.G. section 4B1.2(a)(2). Read Opinion.


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