Volume 15, No. 18 | August 30, 2016

eye on ethics

Q: I'm litigating a contract dispute, and I believe opposing counsel has destroyed materially relevant documents. If I call the Ethics Hotline, can Ethics Counsel tell me whether opposing counsel has acted unethically?

A: No. The ethics advice provided through the Ethics Hotline only addresses the inquiring attorney's own prospective conduct. Ethics Counsel does not provide an opinion on the conduct of another lawyer. However, Ethics Counsel can advise on whether you have an obligation under ER 8.3(a) to report the misconduct of another attorney.

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member news

State Bar's Leadership Institute Selects 2016-17 Participants: Fifteen attorneys from across the state have been selected to participate in the State Bar of Arizona's 2016-17 Bar Leadership Institute (BLI). View the complete roster here. To learn about the BLI click here.

In the news

Arizona Marijuana Update: Proposition 205, which would legalize marijuana in the state, passed a legal hurdle last week when a judge rejected a challenge to the initiative by anti-legalization group Arizonans for Responsible Drug Policy. More.

Staff Attorney in Rural Chicago is Fired After She is Accused of Wearing Judge's Robes and Ruling on Cases: The staff attorney and law clerk, Rhonda Crawford, "is no longer employed" in her job, according to a statement released on Tuesday by Cook County, Illinois, Chief Judge Timothy Evans. The judge accused of allowing Crawford to take her place, Valarie Turner, has been removed from the bench and reassigned to administrative duties. Read more here.

Two Tampa Lawyers Permanently Disbarred for DUI Setup of Opposing Counsel: The Florida Supreme Court has permanently disbarred two Tampa lawyers for setting up their opposing counsel for a DUI arrest in the middle of a trial. More.

from the bar

Two Weeks Left to File MCLE Affidavits Before September 15 Deadline: You don't need to wait! Online filing for your 2015-16 MCLE affidavit is available now. Filing deadline is no later than September 15, 2016. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

Arizona Supreme Court Seeks Volunteers for Two Committees: Apply by September 7 to serve on the Court's Committee on Character and Fitness (three openings) or its Committee on Examinations (one opening). Candidate criteria and an application form are available here.

Apply by October 3 for CLE Institute: The CLE Institute is a professional development program for CLE presenters who want to increase their proficiency in presenting CLE programs. This program is ideal for newer CLE presenters seeking to sharpen their presentation skills and experienced speakers looking for the latest strategies in adult education. Applicants will be notified of their selection status by October 10. For more information and to apply, click here.

Nominees for Arizona Court of Appeals Announced: The Commission on Appellate Court Appointments has recommended five nominees to Governor Doug Ducey for an opening on Division One of the Arizona Court of Appeals. View the nominees here.

Become a Mentor and Give Back to Your Profession: The State Bar of Arizona is currently seeking mentors in all law practice areas. Participation as a mentor through the Mentor Program qualifies as voluntary pro bono publico service under Ethical Rule 6.1. Mentors may also receive up to 2.0 hours of ethics CLE credit. If you're ready to give back, please review our program guidelines and email your completed application form to Jayde Ely or fax to 602.416.7532.

Apply by Tomorrow for a Vacancy on the Maricopa County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Maricopa County created by the retirement of Judge Kristin C. Hoffman. Applications must be recieved by 3 p.m. on August 31, 2016. 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.

Keep Sharing 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: Beware of risks resulting from the use of social media. Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

Save on Credit Card Processing Fees: If you accept credit cards as payment from clients, save up to 25% on standard processing fees with LawPay. LawPay is a credit card processing service exclusively for attorneys, and meets the requirements for trust account guidelines. Call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

Rental Car Discounts: Save on Avis, Budget and Hertz car rentals with State Bar member discounts. Click here for discount codes.

Discounts on OfficeMax, UPS, Clio 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

August 11, 2016 - 1 CA-SA 16-0096 - Phoenix Newspapers, Inc. v. Hon. Peter C. Reinstein
1. Whether the trial court erred in denying a motion to quash a subpoena duces tecum when the required affidavit failed to satisfy two requirements of the Media Subpoena Law, A.R.S. � 12-2214, including exhaustion of other available sources and proving that the information sought is not protected by a lawful privilege, to compel disclosure of the information. 2. Whether the Media Shield Law, A.R.S. � 12-2237, protects sources and confidential information. 3. Whether Arizona recognizes the First Amendment's "qualified journalist's privilege" as established by Branzburg v. Hayes, 408 U.S. 665 (1972). Read Opinion.

August 16, 2016 - 2 CA-CR 2015-0056 - State of Arizona v. Jamonte L. Olague
1. Did the trial court err in concluding the defendant knowingly and voluntarily waived his rights under Miranda v. Arizona, 384 U.S. 436 (1966)? 2. Can a person be charged with first-degree felony murder under A.R.S. � 13-1105(A)(2), based on the sale of marijuana below the two-pound threshold amount set forth in A.R.S. � 13-3401(36)(h)? 3. Did the trial court err in denying defendant's motions for new trial based on alleged jury misconduct? Read Opinion.

9th Circuit Court of Appeals

August 29, 2016 - 15-30209 - United States of America v. Lauro Aguilar-Canche
Denial of a motion pursuant to 18 U.S.C. section 3582(c)(2) for reduction of sentences for drug crime convictions in light of Sentencing Guidelines Amendment 782, is affirmed where the consecutive nature of sentences is not modifiable pursuant to section 3582(c)(2), because: 1) the sentences for which the District Court imposed the mandatory minimums at a consolidated sentencing hearing, were not 'based on' a subsequently-amended Guideline range; and 2) the district court was not authorized under section 3582(c)(2) to reconsider their consecutive nature. Read Opinion.

August 29, 2016 - 15-16585 - Federal Trade Commission v. AT&T Mobility
In an action brought by the Federal Trade Commission under section 5 of the FTC Act that took issue with the adequacy of AT&T's disclosures regarding its data throttling plan, under which AT&T intentionally reduced the data speed of its customers with unlimited mobile data plans, the District Court's denial of AT&T's motion to dismiss is reversed where based on the language and structure of the FTC Act, the common carrier exception was a status-based exemption and that AT&T, as a common carrier, was not covered by section 5. Read Opinion.


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