Agenda and Program Descriptions

MBC Header
 

CONVENTION AGENDA AND SESSION DESCRIPTIONS

Thursday, April 4, 2013

11:30 a.m. - Noon Registration
Noon - 1:30 p.m. Networking Lunch with Partner Bar Associations
1:30 - 4:45 p.m.
Hot Topics in Tech Ethics (13613-389)

There is a vast amount of electronic evidence at our fingertips every day. But can you ethically use this information for business development and in litigation? Panelists use the rules of professional conduct, ethics opinions, case law and more to explain the ethical issues involved with social media, the risks of using the latest technology and provide advice for using technology without ethical violations. Topics covered include the state of world wide web, obtaining evidence from social networks, using social media evidence, witness use of social media during trial, ‘friending’ and deceit, how ‘cloud’ computing could jeopardize client confidentiality and ex parte social media contacts with represented parties. Panelists will close the 3 hour session with a discussion of the prudent use of social networking for investigations and business development and setting up law firm rules and regulations affecting technology. Register to find out where the areas of most contention lie and avoid missteps that lead to a direct path to the disciplinary system.

Panelists:

  • Joseph Kanefield, Ballard Spahr, LLC
  • Laura Rogal, Jaburg Wilk
  • Patricia Sallen, State Bar of Arizona
  • Lynda Shely, The Shely Firm PC

This program may qualify for 3 hours MCLE, including 3 hours ethics.

Friday, April 5, 2013
7:30 - 8:45 a.m. Committee on Minorities and Women in the Law Meeting (committee members only)

7:45 - 8:15 a.m. Registration & Breakfast
8:15 - 8:30 a.m. Welcome
8:30 - 10:10 a.m.
Plenary Session: The NEXT Level of Diversity: Inclusion (13614-389)
This session covers a broad range of hot topics in the field of inclusion. Learn about national trends and their surprising impact on inclusion. Identify challenges in your workplace and turn them into opportunities. Spark dialogue in your organization and learn how to engage your people. A great presentation in moving from talk to action in the 21st century!

Panelists:

  • Kathleen Nalty, J.D., Kathleen Nalty Consulting, LLC
This program may qualify for 1.5 hours MCLE.
10:15 - 11:45 a.m. Breakout Session 1 (1.5 MCLE hours each)
Committed to Service
Career & Minority Issues
Practice Update
Resolving Conflicts of Interests: Addressing the Issues of Bias and Impartiality in a Diverse Bench & Bar (13615-389) How Did We Get Here? The Birth of Immigration Crimes (13616-389) The Affordable Care Act: What’s Next? (13617-389)

Sponsored by: Arizona State Bar Committee on Persons With Disabilities in the Legal Profession

Immigration crimes have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions. This session traces the history of federal immigration crimes from the federal government's program known as "Operation Wetback" in the 1950s to Arizona's SB 1070 law. Learn how these crimes, initially conceived to deter illegal immigration and later target dangerous aliens, which now reach any person present in the country illegally. Panelists will also discuss how expansion of deportable offenses have made it easier to prosecute and deport non-citizens, as well as the current litigation of states looking to turn civil violations of
immigration law into state crimes. This interplay between criminal and immigration law has given rise to a new area of law: criminal-immigration law. Attorneys with an immigration and criminal practice should consider attending this session.

With the Supreme Court having answered whether the Affordable Care Act (“ACA”) would survive initial legal challenges, additional questions have emerged. In response to the popular ACA seminar at last year’s State Bar Convention, we will present a follow-up seminar about what is next for the ACA. First, we will bring attendees up to speed with what has happened since the Supreme Court’s decision in the legal and budgetary arenas. Next, our panel will discuss health disparity issues as they relate to ACA implementation – do we have the medical personnel to actually make ACA a reality? If not, how would this affect minorities? Finally, the seminar will address how the ACA affects the health disparity issue and whether the ACA can correct health disparities.

In a diverse legal environment, judges and lawyers are faced everyday with the challenges of litigating cases in which conflicts of interests and values will arise. This seminar addresses the issues and cases surrounding judicial bias, recusal and standards of review and the ethical concerns in addressing such possible conflicts. Panelists will also address ethical rules and concerns arising in areas of Criminal Law, Civil Actions, Business Transactions, Family Law and working with Pro Se litigants. Topics presented from both a practitioners’ standpoint as well as from a judicial viewpoint from the faculty.

Moderator:
Michael S. Somsan, Esq., Somsan and Associates, PLC

Faculty:

  • Hon. C. Steven McMurry, Encanto Justice of the Peace, Presiding Judge of the Maricopa County Justice Courts
  • Timothy M. Gabrielsen, Esq., Assistant Federal Public Defender
  • David N. Horowitz, Certified Family Law Specialist, May, Potenza, Baran & Gillespie, PC
  • Patricia A. Sallen, Director of Special Services & Ethics/Deputy General Counsel, State Bar of Arizona
  • Russell Yurk, Esq., Jones Skelton & Hochuli, PLC

Faculty:

  • Tally Kingsnorth, Esq., Program Coordinator of the Florence Project and Immigration Lawyer
  • Victoria López, Program Director, American Civil Liberties Union of Arizona
  • Juan Rocha, Esq., Assistant Federal Public Defender

Faculty:

  • Dr. Daniel Derksen, M.D., Professor/Section Chair Public Health Policy & Management Section, Zuckerman College of Public Health, University of Arizona
  • Prof. James Hodge, Lincoln Professor of Health Law and Ethics and Director, Public Health Law & Policy Program, ASU Sandra Day O’Connor College of Law
11:45 a.m. - Noon Exhibit and Networking Break
Noon - 1:30 p.m.

Lunch

Keynote Speaker: Amelia Craig Cramer, State Bar of Arizona, President

The keynote address will be followed by the Tang Writing Competition Award ceremony presented by
Dr. Pearl Tang.

1:30 - 3 p.m. Breakout Session 2 (1.5 MCLE hours each)
{1}
{2}
{3}
Tribal Law and Order Act of 2008 (TLOA) (13618-389) Chris Nakamura Judicial Workshop – The Future of Diversity on the Bench (13619-389) Criminal Law Year in Review (13620-389)

Justice in tribal communities is undergoing a shift since the enactment of the Tribal Law and Order Act of 2008. Tribal courts now have the ability to sentence Native American offenders for up to three years for criminal offenses, an increase from the maximum of one year previously imposed by the Indian Civil Rights Act of 1964. In this federal act, Congress required the tribes to apply certain due process provisions before permitting a sentence of more than one year. This program will address the challenges tribes face with implementing these changes and how tribal concepts of modern justice are altered with these new provisions.

A Diverse Bench + Impartial Justice = Confidence in our Courts. Do our Courts look like Arizona? A panel of distinguished jurists will address what we might expect in the future as the face of our judicial system becomes more diverse and representative of our state’s population.

Christina Cabanillas returns to discuss the recent Supreme Court and Arizona criminal cases from the past year in this fun and entertaining presentation.

Faculty:

  • Guadalupe Gutierrez, Pascua Yaqui Tribe Prosecutor's Office
  • Jeffrey Harmon, Salt River Pima-Maricopa Indian Community

Moderator:
Hon. Laura Lowery, City of Phoenix Municipal Court

Faculty:

  • Hon. Mary Murguia, United States Court of Appeals
  • Hon. Randall Howe, Arizona Court of Appeals, Division One
  • Hon. Maurice Portley, Arizona Court of Appeals, Division One
  • Hon. Roxanne Song Ong, Presiding Judge for the City of Phoenix Municipal Court
  • Hon. Marianne Bayardi, City of Phoenix Municipal Court

Faculty:

  • Chris Cabanillas, United States Attorney’s Office
3 - 3:15 p.m. Exhibit and Networking Break
3:15 - 4:45 p.m. Breakout Session 3 (1.5 MCLE hours each)
{1}
{2}
{3}
Defense of Marriage Act Update (DOMA) (13621-389) Chris Nakamura Judicial Workshop – Pathways and Obstacles to the Judiciary (13622-389) Civil Litigators Best Practice: Presenting MSJ’s and Other Dispositive Motions to the Court (13623-389)

2013 is shaping up to be a historic year for the rapidly evolving legal status of lesbian, gay, bisexual and transgender (LGBT) Americans and their relationships. For the first time, the United States Supreme Court has granted certiorari in two cases that directly address same sex marriage. In United States v. Windsor, the Second Circuit found key provisions of the Defense of Marriage Act (DOMA) to violate the Equal Protection Clause and became the first federal circuit to conclude that a heightened level of scrutiny must be used to analyze claims of discrimination based on sexual orientation. In Hollingsworth v. Perry, the Court will review the Ninth Circuit’s holding that California’s Proposition 8, which amended the state constitution to ban same sex marriage, violated fundamental rights of the lesbian and gay plaintiffs. In this seminar, Paul Bender, professor of constitutional law and Dean Emeritus at ASU’s Sandra Day O’Connor College of Law will break down the issues in each case and discuss potential outcomes. He will be joined by experts in family law for a panel discussion on possible implications of the pending decisions for LGBT Arizonans and the lawyers who represent them.

Provides a behind-the-scenes look at the pathway to becoming a judge and discusses the unique and sometimes undisclosed issues women and minority applicants may encounter during the appointment process.

This seminar is specifically designed for those who may be interested in becoming a judge but are “not sure they are cut out for the job” and who have no idea how to get started on the path to judicial appointment. Panelists share details about their journey to the judiciary, highlighting the many pathways to becoming a judge and providing insight into what makes each path unique including issues and obstacles encountered along the way. The panelists discuss the roles, jobs and experiences that prepared them for this role and how they strive to ensure they are effective as a judge.

The stakes are high so you should know the rules. Maximize your effectiveness in filing motions for summary judgment and other dispositive motions by attending this seminar designed to review the NEW rules applicable to the filing of these types of motions. This session will provide you with the tools and information necessary in order to make you more effective in your motion practice. Be ready to apply the information learned at this seminar the very next day!

Chair:
Louis A. Goodman, Arizona Department of Juvenile Corrections

Faculty:

  • Paul Bender, Professor of Law and Dean Emeritus, Arizona State University Sandra Day O’Connor College of Law

  • Claudia D Work, Campbell Law Group Chartered

  • Abigail Jensen, Pima County Public Defender’s Office

Moderator:
Nicole Davis, Arizona Attorney General's Office

Faculty:

  • Vice Chief Justice Scott Bales, Arizona Supreme Court
  • Hon. Patricia Orozco, Arizona Court of Appeals, Division One
  • Hon. Gilbert V. Figueroa, Pinal Country Superior Court
  • Hon. George Foster, Maricopa County Superior Court
  • Hon. Roxanne Song Ong, Presiding Judge for the City of Phoenix Municipal Court
  • Joseph Sciarrotta, Jr., Office of the Governor

Faculty:

  • Leslie Rakestraw, Holloway Odegard & Kelly PC
  • Jesse Showalter, Holloway Odegard & Kelly PC
  • Ellen Van Riper, Holloway Odegard & Kelly PC