Volume 15, No. 12 | June 2, 2016

eye on ethics

Q: I'm trying to move forward in settlement negotiations, but the opposing counsel is not responding. Can I email my settlement offer to the opposing party, so long as I copy her counsel on the email?

A: No. ER 4.2 prohibits communicating with a represented party, unless the lawyer has consent of the other lawyer or is authorized by law to do so. This prohibition applies to communications conveyed concurrently to the opposing party and opposing counsel. See Ariz. Ethics Op. 02-02.

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member news

Judges Carol Scott Berry and Maurice Portley Recognized as Legal Trailblazers: The Black Law Student Association at Summit Law honored Judge Carol Scott Berry, Phoenix Municipal Court, and Judge Maurice Portley, Arizona Court of Appeals - Division One, at their second annual Spring Banquet in April. They were recognized by the BLSA for their trailblazing careers in the legal profession, as well as for being shining examples for past, current, and future members. Congratulations to them both!

In the news

Two Lawyers and Housekeeper Are Indicted in Connection With Sex Tape of Waffle House CEO: Lawyers David Cohen and John Butters of Marietta were indicted along with the client, Mye Brindle, who worked for Rogers as a housekeeper and personal assistant. They are charged with conspiracy to commit extortion; conspiracy to commit illegal eavesdropping and surveillance; and unlawful eavesdropping or surveillance. More.

Supreme Court Rules for Cop Who Seized Drugs After Unlawful Stop; Sotomayor Decries 'Carceral State': The U.S. Supreme Court has ruled 5-3 that there is no need to toss evidence recovered after a police officer makes an unconstitutional investigatory stop and discovers the subject is subject to a valid arrest warrant. More.

from the bar

Holiday Closure: The State Bar of Arizona will be closed on Monday, July 4 in observance of Independence Day. Regular business hours will resume on Tuesday, July 5 at 8 a.m.

Will You Complete Your MCLE by the June 30 Deadline? You have less than two weeks to complete your required MCLE hours. Visit the State Bar's AZCLE online catalog to view available courses. More.

You Have Until Friday to Register for the Bar's Prestigious Bar Leadership Institute: BLI graduates have gone on to serve our communities in a variety of ways, including leadership positions in local and affinity bar associations, appointment to the judiciary and serving in the state legislature. It's also a great CLE bargain � participants receive up to two years of CLE credit for just $250! Find out for yourself how the BLI can foster your professional growth and enhance your leadership skills. Application deadline is June 24th. More.

Commission to Vote on Performance of Justices and Judges on 2016 General Election Ballot: The Arizona Commission on Judicial Performance Review will meet in Tucson, on Friday, June 24, to vote on whether 70 justices and judges scheduled to be listed on the 2016 general election ballot "Meet" or "Do Not Meet" judicial performance standards. The public is invited to attend the meeting. More.

Apply Now for the Arizona College of Trial Advocacy: Want to get hands-on training to develop your trial skills? Taught by judges and experienced trial lawyers, the college offers 36 hours of CLE, one of which is ethics. The program is held in Phoenix and runs from August 2-6. More.

$100,000 Prize for Outstanding Administration to Justice Program: The American College of Trial Lawyers is seeking applications for its 2017 Emil Gumpert Award, an annual honor with a $100,000 prize which is awarded to an outstanding program that is designed to improve the administration of justice. The award is named in honor of the founder of the College, Emil Gumpert. The 2016 winner is the Loyola Immigrant Justice Clinic at Loyola Law School, Los Angeles. The deadline to submit an application is Friday, October 14, 2016. The application is available here and should be submitted to gumpertaward@actl.com.

Get Engaged in the Legal Profession in Arizona: The State Bar of Arizona frequently recruits qualified applicants for professional volunteer opportunities. Whether you have an interest in serving on a Supreme Court committee or representing the State Bar on a national level, several opportunities are presented throughout the year. Check the Bar's Appointments Committee page to see what's available. More.

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 for Family Law Practitioners: Free one-hour webinar June 28. Join Clio's Lawyer-In-Residence, Joshua Lennon and guest speaker, Jennifer Reynolds, Divorce Lawyer and founder of Fresh Legal, as they explore how Clio helps streamline the practice of family law. Click here to save your spot at this free webinar offered by Clio, a State Bar Member Discount Provider.

Do You Accept Credit Cards? 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.

Worried About Secure Emails? Save on secure email and file sharing with a 10% discount for life on Citrix ShareFile. For a free trial or more information, please click here.

Looking for Discounts on Rental Cars, Hotels, Office Products and More? Click here for the most updated list of companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 9, 2016 - 1 CA-CV 14-0781 - ACLU-AZ v. Arizona Department of Child Safety
Does Arizona's public records law require a state agency that maintains public records in an electronic database to search its database to produce public records for inspection? Does Arizona's public records law require a state agency to tally and compile previously untallied and un-compiled information or data available in its electronic database? Read Opinion.

May 27, 2016 - 2 CA-CV 2015-0170 - Michelle Ader v. Estate of Dan Felger
1) Whether the trial court erred by not allowing the plaintiff additional time for discovery under Rule 56(f), Ariz. R. Civ. P., before ruling on a motion for summary judgment filed by the defendants, decedent's estate, and decedent's surviving spouse. 2) Whether the trial court erred by granting said defendants' motion for summary judgment on the basis that, under A.R.S. � 14-3803 and A.R.S. � 14-3108, the plaintiff's claims against the decedent's estate are time-barred because no probate proceeding was initiated in Arizona within two years following the decedent's death. 3) Whether the trial court erred by denying the plaintiff's motion for a new trial because the court lacked jurisdiction over the decedent's estate. Read Opinion.

9th Circuit Court of Appeals

June 17, 2016 - 13-56152 - William Rouser v. Theo White, Director of Corrections
In a Wiccan prisoner's religious rights case involving the standards applicable to the termination of a consent decree on grounds of substantial compliance, the district court's order terminating a consent decree is vacated where the district court committed numerous errors and abused its discretion in terminating the consent decree, by: 1) applying the wrong legal standard; 2) finding substantial compliance by the prison officials without giving due attention to the various exacting obligations embodied in the decree, and without considering whether the purpose of the decree had been served; and 3) prejudicing the prisoner in his ability to allege violations of the 2011 consent decree. Read Opinion.

June 17, 2016 - 14-16147 - Frank O. Loher v. Todd Thomas
Grant of petition for writ of habeas corpus relief from state conviction and sentence for attempted sexual assault is: 1) affirmed where the Hawaii Intermediate Court of Appeals' (ICA) rejection of petitioner's claim under Brooks v. Tennessee, 406 U.S. 605 (1972), that he was forced to testify in violation of his rights to remain silent and to due process, was not objectively unreasonable; 2) affirmed where trial court's creation of a post-conviction record on petitioner's ineffective-assistance-of-appellate-counsel (IAAC) claims, and the Hawaii ICA's reliance on the post-conviction record, were not objectively unreasonable under 28 U.S.C. sections 2254(d)(1) and 2254(d)(2); and 3) reversed in part where Hawaii waived its challenge to petitioner's Apprendi claim and the district court's grant of relief on the IAAC claim. Read Opinion.


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