Volume 16, No. 17 | August 15, 2017

eye on ethics

Q: I understand why succession planning is important for solo practitioners, but I practice in a firm with two other lawyers. Do I still need a succession plan?

A: Yes. Rule 41(i) requires all lawyers to have a succession plan that is reasonable for their practice setting. See Rule 41, cmt. 2. You can refer to the State Bar's Succession Planning Handbook for guidance in creating a plan that suits your needs.

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SCOTUS v. Gettysburg Address
Our author writes about how the Supreme Court gutted equality and the 14th Amendment.

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2017 MCLE Deadline

member news

Arizona's Judicial Branch Names Distinguished Service Awards Recipients: This year, four recipients were recognized at the Advancing Justice Together Distinguished Service Awards on June 21. The awards, presented by the Arizona Judicial Branch, honor individuals, projects, and teams who have made outstanding contributions to improving public trust and confidence in the Arizona courts system. The State Bar of Arizona congratulates the following individuals who were named this year's award winners: Hon. Ron Reinstein, recipient of the Chief Justice's Outstanding Contribution to the Arizona Courts Award; Gary Krcmarik, recipient of the Administration of Justice Award; Jay Zweig, recipient of the Outstanding Pro Bono Service Award, and Hon. Michael Pollard, recipient of the Judge of the Year Award. Read more on the award winners here.

In the news

Sentenced to Adulthood, Direct File Laws Bypass Juvenile Justice System: 16-year-old Marquis McKenzie stood handcuffed behind a lectern when a juvenile judge announced his charges, then apologized that he could no longer take up the case. "You're being direct filed," he told McKenzie, who was accused of armed robbery over a cellphone and a wallet. "You understand what I'm saying? You're being charged as an adult now." He was now facing a 10-year sentence. Today, across the country, lawmakers, juvenile justice advocates and community groups are shifting away from direct file, and rethinking their approach to handling kids and young adults who commit crimes. Read more here.

"Free Cruise" Robocall May Get You $900 Thanks to Class Action Settlement: People who received telemarketing calls promising a free cruise between 2009 and 2014 could be entitled to $900. The class-action lawsuit alleged that a company called Resort Marketing Group violated the Telephone Consumer Protection Act when they made robocalls, allegedly offering free Caribbean cruises. Resort Marketing Group has denied any wrongdoing, but has agreed to settle a lawsuit. Read more about the settlement or check if you qualify by clicking here.

from the bar

Online MCLE Affidavit Filing Now Open! The deadline to file your 2016-17 MCLE affidavit is September 15. Avoid paying late filing fees by visiting your personalized CLE tracking page on the State Bar of Arizona members' website. You can quickly and easily submit your affidavit today. Click here.

You Still Have Time to Apply for Vacancy on Pinal County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Pinal County created by the appointment of Judge Karl C. Eppich to Division Two of the Arizona Court of Appeals. The Pinal County Commission on Trial Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to the governor, who will appoint the new judge. The application deadline is at 3 p.m. on Monday, August 28, 2017. Apply here.

Arizona Supreme Court Seeks Committee Members: Apply by September 6 to serve on the Court's Committee on Character and Fitness (member and non-member openings) or its Committee on Examinations. For candidate criteria, estimated time commitment, length of terms and an application form click here.

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.

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 Two of the Arizona Court of Appeals. The nominees for the opening created by the retirement of Judge Michael O. Miller are: Sean E. Brearcliffe, Judge at the Superior Court in Pima County; David J. Euchner, Appeals Unit Supervisor of the Pima County Public Defender's Office; George O. Krauja, Director at Fennemore Craig, P.C.; D. Douglas Metcalf, Judge at the Superior Court in Pima County; and Regina L. Nassen, Deputy County Attorney at the Pima County Attorney's Office. Read more here.

Family Law Attorney Judd S. Nemiro Disbarred: Attorney Judd S. Nemiro was disbarred by consent while serving an interim suspension after acknowledging a formal complaint with seven counts, as well as 19 additional Bar charges against him. On Aug. 4, 2017, the Presiding Disciplinary Judge of the Arizona Supreme Court accepted Nemiro's consent to disbarment. He was serving an interim suspension after the State Bar found sufficient evidence to support the sanction�barring him from practicing law during its continued investigation. Read the full news release here.

Attorney Gouri G. Nair of Phoenix Reinstated to the Practice of Law: The Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Gouri G. Nair of Phoenix is reinstated as an active member of the State Bar of Arizona. Nair has been reinstated to the active practice of law after serving a 90-day suspension that resulted from misconduct while representing her client in a patent application matter. More here.

Have Clients That Need to Catch Up on Child Support? The Superior Court of Arizona in Maricopa County hosts a Child Support Arrest Workshop that could quash arrest warrants for people who owe back child support on August 18 at 9 a.m. in the South Court Tower. "In exchange for paying one full month of child support and participating in future hearings, the Court will quash arrest warrants for obligors," Family Department Presiding Judge Suzanne Cohen said. "We want to encourage obligors to make their child support payments. The goal is to get money to the children that need it." More information available on the Court's Facebook page.

Cochise County Increases Superior Court Filing Fees: Mary Ellen Dunlap, Cochise County Clerk of the Superior Court, announces a 2% increase of the current base filing fees effective August 9, 2017, pursuant to Arizona Supreme Court Administrative Order No. 2017-44. New filing fees are posted on the Cochise County website.

Four Judicial Nominating Commissions Now Accepting Applications: Four non-partisan commissions, chaired by the Chief Justice of the Arizona Supreme Court (or his designee), are seeking applicants.  Primary responsibility is to screen, interview and recommend judicial candidates to the Governor of Arizona for the Governor's final selection to fill judicial vacancies. The four commissions include: Arizona Commission on Appellate Court Appointments; Maricopa County Commission on Trial Court Appointments; Pima County Commission on Trial Court Appointments; and Pinal County Commission on Trial Court Appointments. To learn more or to apply, click here.

Interested in Presenting CLE? The Bar is Now Accepting Applications for CLE Institute: 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. Participants will learn do's and don'ts for using PowerPoint during presentations. In addition, participants will learn tips from seasoned public speakers, simple techniques for engaging the audience and how to select and moderate panels. Applicants will be notified of their selection status by October 10. For more information and to apply, click 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 - Stop Fraud Before It Happens: Fraud can ruin a day, week, or your entire identity. So how can you protect yourself? Read about some tips and tricks from the State Bar of Arizona ATIRAcredit Platinum Rewards Mastercard by clicking here.

If You Accept Credit Cards From Clients, Save Up to 25% on Standard Credit Card Processing Fees: 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.

Need to Refinance Your Student Loan? State Bar of Arizona members, family, and friends can receive a $300 welcome bonus* upon refinancing their student loans with SoFi, by visiting SoFi.com/AZBar. SoFi is the market leader of student loan refinancing and has originated $13+ billion in loans for over 200,000 borrowers. In order to receive the $300 welcome bonus*, applicants MUST apply through the SoFi.com/AZBar link.

More State Bar Member Discounts: Save on car rentals, UPS Shipping, legal software and more. Click here for the full list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

July 11, 2017 - 1 CA-CV 16-0270-FC - Terry Yawheh v. City of Phoenix
Whether the superior court erred in barring Plaintiff's claims for failure to file a proper Notice of Claim under A.R.S. � 12-821.01 because the Notice of Claim did not contain an enforceable settlement offer. Read opinion.

Division Two Opinion Not Available

9th Circuit Court of Appeals

August 10, 2017 - 16-10160 - United States of America v. Nancy Smith
Affirming the district court's denial of intervention in the case of a qui tam action taken against a podiatrist who was engaged in making fraudulent Medicare, Medicaid, and Medi-Cal claims because a criminal forfeiture action is not an alternate remedy to a qui tam action, so relators cannot intervene in the criminal action and recover a share of the proceeds. Read opinion.

August 10, 2017 - 14-35723 - Asarco LLC, v. Atlantic Richfield Company
Affirming that a settlement agreement entered into under authority other than the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may give rise to a CERCLA contribution action, and that a corrective measure under a different environmental statute can qualify as a response under CERCLA, but also finding that a company seeking contribution for payments made toward a settlement against another party that contributed to the subject pollution had not resolved its liability, triggering the statute of limitations, until much later than the district court had found, and vacating and remanding the case for this reason. Read opinion.


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