Volume 16, No. 11 | May 23, 2017

eye on ethics

Q: My client just told me that he is going to commit suicide. He seems serious, and I am worried for his safety. Am I allowed to disclose this information in order to get him the help he needs?

A: Yes, you may reveal confidential information to the extent you reasonably believe it is necessary to prevent reasonably certain death or substantial bodily harm of any person, including your client. See ER 1.6(d)(6). If you believe your client may have diminished capacity due to a mental health issue, you should also look at ER 1.14, Client with Diminished Capacity, and contact the Ethics Hotline for guidance.

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A Juvenile Justice Anniversary
In Re Gault, decided 50 years ago in Arizona, transformed the way courts and other institutions addressed juvenile legal rights.

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member news

Ten Attorneys Elected to Serve on State Bar Board: Members of the State Bar of Arizona have elected ten attorneys to serve as their representatives on the Bar's Board of Governors. The Board is the governing body of the State Bar, a nonprofit association that exists to serve and protect the public with respect to the provision of legal services and access to justice. View the newly elected members here.

State Bar of Arizona Announces 2017 Award Winners: The State Bar of Arizona will recognize 11 individuals and one legal program for their contributions to the legal profession at the 2017 State Bar of Arizona Annual Convention at the Westin La Paloma Resort & Spa in Tucson, June 14-16.

This year's award winners include: Meredith Peabody, Award of Appreciation; Hon. Robert L. Gottsfield (Ret.), Award of Special Merit; Arizona Collaborative Bar, Diversity and Inclusion Leadership Award; William R. Jones, Jr. (Posthumous), Hon. John R. Sticht Excellence in Disabilities Accessibility Award; Hon. Patricia K. Norris, James A. Walsh Outstanding Jurist Award; Jo Ellen McBride, Member of the Year Award; Hon. John S. Leonardo, Michael C. Cudahy Criminal Justice Award; Michael J. O'Connor, Outstanding In-House Counsel of the Year Award; Golden E. McCarthy, Sharon A. Fullmer Legal Aid Attorney of the Year Award; Stephen M. Weiss, Tom Karas Criminal Justice Award; and Sheena S. Chiang and Thomas L. Hudson, President's Award. Congratulations!

For a complete list of 2017 award descriptions and recipient bios click here.

In the news

190-Degree Coffee Burn Leads to $100,000 Verdict Against Starbucks: A Jacksonville jury ruled this week that Starbucks must pay $100,000 to a local woman who suffered first- and second-degree burns after a cup of Starbucks coffee spilled on her. After an employee handed her a 20-ounce coffee, the lid popped off and 190-degree coffee spilled on her mid-section, according to the lawsuit. The coffee left permanent scarring, and she paid about $15,000 in medical costs. Read the hot details here.

The Bud Light Bribe that Led to Former North Carolina Judge's Federal Felonies: A former Wayne County judge will be on probation for two years after offering a federal agent two cases of Bud Light and $100 to retrieve his wife's text messages without the necessary search warrant. Former N.C. Superior Court Judge Arnold Ogden Jones II was sentenced in federal court on Wednesday as part of a plea arrangement worked out with federal prosecutors earlier this year. Read more on the Bud Light case here.

from the bar

Attorneys in Pinal County�We Need You! Attorneys in Pinal County Needed to Help with Merit Selection Process: Apply to serve on the Pinal County Commission on Trial Court Appointments. Applicants must reside in Pinal County Supervisorial District 2. The Commission screens judicial applicants and submit nominations to the Governor for his ultimate appointment to fill positions on the Pinal Superior Court bench. Applications accepted until the position is filled. For candidate criteria and an application click here.

Apply for Vacancy on Division Two of the Arizona Court of Appeals June 1: Applications are being accepted for a vacancy on Division Two of the Arizona Court of Appeals, created by the retirement of Judge Michael O. Miller. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to the Governor. The application deadline is June 1, 2017. Click here to learn more.

Apply for Vacancy on Division One of the Arizona Court of Appeals: Applications are being accepted for a vacancy on Division One of the Arizona Court of Appeals, created by the retirement of Judge Donn Kessler. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to the Governor. Learn more here.

Judge David M. Haws Appointed to Presiding Judge for Yuma County: The Arizona Supreme Court appointed Judge David M. Haws to the post of Presiding Judge for Yuma County. He succeeded Presiding Judge Maria Elena Cruz, who was selected to serve on Division One of the Arizona Court of Appeals and began earlier this week. The Presiding Judge has administrative authority over all courts, judicial officers, and court employees in Yuma County. Read more on his appointment here.

State Bar Wins National Award for Program Addressing the Impact of Dementia on the Legal Profession: The State Bar of Arizona has been selected as the winner of the 2017 Community & Educational Outreach Award, sponsored by LexisNexis, for its program "Hidden in Plain Sight: Dementia and Its Impact on Lawyers and Judges." The National Association of Bar Executives (NABE) will recognize the State Bar at its annual meeting in New York City in August. If you're interested in learning more, click here.

Tucson Attorney Thomas C. McDaniel Suspended for Compromising Client's Visitation Rights: Attorney Thomas C. McDaniel, III of Tucson was suspended for two years after filing a deficient petition for parenting time on behalf of his client and failing to respond to the State Bar's investigation. The hearing panel found clear and convincing evidence that McDaniel violated ethical rules after reviewing 15 exhibits that were deemed admitted by default. Click here to read more on the sanction.

Attorney William S. Papazian of Scottsdale Reprimanded for Abandoning Clients: Attorney William S. Papazian of Scottsdale was reprimanded for failing to perform services for his clients. The Presiding Disciplinary Judge of the Arizona Supreme Court accepted an agreement for discipline by consent between Papazian and the State Bar of Arizona that resulted in a reprimand. Learn more on the reprimand here.

Bar Exam Results are In: The February 2017 Arizona Uniform Bar Examination (UBE) was held February 21 and 22, in Phoenix. There were 422 applicants, of whom 173 met the score requirement for admission in Arizona. The overall pass rate was 41 percent. Click here to see who scored the highest, who tied for second, and those who will join the ranks as legal professionals.

SCAM ALERT: People Representing Themselves as Legal Aid! Have you or someone you know received a call from a person claiming to represent the Legal Aid Society and collecting money on its behalf? If so, you might be the target of a new scam. This information has been reported to many state Attorney General offices and they are keeping a close eye on the issue. Click here to learn how to avoid being scammed by non-existent legal aid organizations.

BLI Ready for New Crop of Leaders After Graduating Tenth Class: The Bar Leadership Institute (BLI) graduated its 10th class on May 5. These lawyers received professional development skills and advice that will help them be more successful in their practices and more effective leaders in the legal profession and greater community. Don't miss out on the opportunity to be a part of the next class. The application deadline is June 23, 2017. More information and the online application form are available here.

Are You An Attorney Who Has Good News to Share? Have you recently been recognized for contributions you make to the communities you serve? Is your firm raising money or collecting food 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.

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.

Practice Tip - Statute of Limitations: Certain claims have shorter limitations periods or notice requirements, based on who the defendant is. To read more, click here for information from State Bar Member Discount provider Ahern Insurance, a professional liability insurance brokerage firm.

Any Call Could Be Your Next Big Client: Delight English and Spanish-speaking callers with Ruby� Receptionists, the only remote receptionist service dedicated to creating real, meaningful connections with every caller. Get your State Bar of Arizona 10% discount at www.callruby.com/azbar or call 866.611.7829.

Manage Your Practice From Your Mac or PC, Phone or Tablet: Clio is the most widely-used, cloud-based practice management system in the world. Clio integrates seamlessly with many applications including Fastcase, LawPay, Quickbooks Online, Gmail, and Office 365. State Bar of Arizona members receive a 10% lifetime discount on Clio. Sign up today by clicking here.

Looking for More Discounts? Click here for the full list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

May 2, 2017 - 1 CA-CV 15-0851 - Jimmy Parsons v. Arizona Department of Health Services
May the Department of Health Services ("DHS"), which facilitates Arizona's Medical Marijuana Program, consider a conviction for a controlled substance offense that is less than 10 years old as an "excluded felony offense--and therefore grounds for revocation--if the conviction was set aside pursuant to A.R.S. � 13-907? Read opinion.

April 4, 2017 - 2 CA-SA 2017-0013 - State of Arizona v. Bryan M. Lietzau
Did the respondent judge err in determining, under Rule 901, Ariz. R. Evid., that the state had not presented sufficient evidence for the jury to conclude a document prepared by the defendant�s probation officer was a transcript of electronic text messages sent between the defendant and the victim? Read opinion.

9th Circuit Court of Appeals

May 23, 2017 - 15-35232 - Southeast Alaska Conservation Counsel v. United States Forest Service
In an action alleging that the U.S. Forest Service violated the National Forest Management Act by approving either the Big Thorne logging project or the 2008 Tongass Forest Plan under which Big Thorne was authorized, the district court's summary judgment in favor of the U.S. is affirmed where: 1) the Plan's provision pertaining to sustainability was discretionary; 2) because the Forest Service was only obligated to consider sustainability 'where possible,' there was no law to apply in second-guessing the agency; 3) there is no authority compelling the agency to set a specific standard or benchmark for protecting the viability of a species that was neither endangered nor threatened; and 4) the Big Thorne Project was consistent with the Forest Plan. Read opinion.

May 22, 2017 - 15-15229 - Daniel Demetris v. Transport Workers Union of America, AFL-CIO
In two consolidated actions brought under the Railway Labor Act, alleging a union's breach of the duty of fair representation in the decision to distribute the proceeds of a bankruptcy settlement to all of its members unevenly, the district court's dismissal of the actions is affirmed where there was no breach of duty because the union's conduct was not arbitrary, discriminatory, or in bad faith. Read opinion.


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