e-legal

Volume 13, No. 2 | January 21, 2014

eye on ethics

Q: During the course of my family law case, I have discovered evidence that indicates a person may have been wrongfully convicted of a criminal act. Do I have an ethical obligation to do anything with this evidence?

A: Yes. In Arizona, any lawyer who "knows of credible and material evidence that creates a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted" is required to give that evidence to the prosecutor in the jurisdiction where the conviction occurred, and either to the person's criminal defense lawyer or the person and "the indigent defense appointing authority in the jurisdiction." Rule 3.10(a).

 

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member news

Attorneys Offer Free Legal Help on Estate Planning: Ten probate and trust attorneys came together on Tuesday, January 7 to offer free legal advice at Lawyers on Call, a public service program co-sponsored by the State Bar of Arizona, 12 News, and azcentral.com. During the two-hour program, attorneys answered 237 viewers' questions regarding wills, trusts, and estate planning issues. The State Bar of Arizona offers its sincerest appreciation to the volunteer attorneys who helped consumers across the Valley through this access to justice program. They include: Steve Evans, Michael Friedman, Lindsey Jackson, T. James Lee, Dianne McNamara, Norm Miller, Mark Moritz, Nicole Pavlik, and Ronald Wilson.

In the news

New Trial Sought for SC Boy, 14, Executed in 1944: A 14-year-old black boy executed nearly 70 years ago is finally getting another day in court, and his lawyers plan to argue Tuesday for a new trial, saying his conviction was tainted by the segregationist-era justice system and scant evidence. more�

Ohio Killer's Execution Takes Almost 25 Minutes: A condemned man appeared to gasp several times and took an unusually long time to die--almost 25 minutes--in an execution carried out Thursday with a combination of drugs never before tried in the U.S. Dennis McGuire's attorney Allen Bohnert called the convicted killer's death "a failed, agonizing experiment" and added: "The people of the state of Ohio should be appalled at what was done here today in their names." more�

Supreme Court Will Not Hear Arizona Abortion Law Appeal: The Supreme Court on Monday declined to hear Arizona's appeal of a lower-court ruling that declared unconstitutional a state law banning abortions beginning at 20 weeks of fetal gestation, meaning the restrictive measure is struck down. The Arizona law, signed by Republican Governor Jan Brewer in 2012, had been considered one of the toughest in the United States in imposing limits on abortion. more�

from the bar

February 3 is the Deadline to File Your State Bar Annual Statement and Dues Online: Your 2014 statement is available for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary Bar Card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 3, 2014. Online submissions will be accepted until 11:59 p.m. MST on February 3, 2014.

Insurance Law Institute Debuts Next Week: The inaugural Insurance Law Institute will delve into insurance law and insurance bad faith on Thursday, January 30 and Friday, January 31. Experienced lawyers and judges will explore UM/UIM, ERISA, workers' compensation, construction, intentional acts and bad faith, and participate in panel discussions on arbitration and Morris. To learn more about the program or to register, click here.

Will You Help Homeless Veterans? The civil law clinic organized by the State Bar of Arizona has become an integral part of the annual Arizona StandDown. You can help homeless veterans tackle their civil legal issues by volunteering your time and experience at the annual social services event that will be held on Friday, February 14 and Saturday, February 15 at the Arizona Veterans Memorial Coliseum. We are seeking volunteer lawyers who can offer advice on bankruptcy (and debt solutions), elder/mental health, family, landlord/tenant, and probate/trust law. Shifts are available in four or eight-hour increments. Contact Alberto Rodriguez for more information or to volunteer.

Have You Weighed in on the Proposed State Bar Dues Increase? The State Bar of Arizona Board of Governors is going to consider a proposed increase in membership fees at its February 28 meeting. If you are interested in learning more about the proposed increase, you can click here to find a web page that outlines the process undertaken by the Board of Governors to arrive at this point, as well as a list of frequently asked questions to help inform you. Don't miss your opportunity to comment on this important matter.

Become a Part of Merit Selection: Don't miss your opportunity to apply for openings available on the Arizona Commission on Appellate Court Appointments, Maricopa County Commission on Trial Court Appointments, and the Pima County Commission on Trial Court Appoints. To find the best candidates for the bench, Arizona relies on commissions to screen, interview and select candidates for submission to the Governor. Get engaged and learn more about the commissions by clicking here.

Ten Days Left to Apply for the City of Avondale Judicial Advisory Board: This newly formed judicial advisory board has one State Bar-designated seat. Duties involve evaluating and recommending the best qualified individuals to become full-time city judges. Board applicants must reside in Maricopa County. Apply by January 31, 2014. more�

Revisions Made to Arizona Trust Accounts Manual: The State Bar's Lawyer Regulation Office and Special Services Department have prepared this Client Trust Accounting Manual for Arizona Attorneys for its members. The in-depth trust account manual covering the rules and requirements of maintaining an Arizona trust account has now been updated for 2014. Download the revised manual here.

Former US Attorney General Alberto Gonzales Leads CHCI Lecture Series: The Arizona Alumni Chapter of the Congressional Hispanic Caucus Institute (CHCI) invites you to join them at "A Conversation with former US Attorney General Alberto Gonzales," on Wednesday, February 26. Attorney General Gonzales will discuss national security and executive power, among other topics at the lunchtime program. more�

Have You Calendared the 2014 State Bar Convention in Tucson? This year, the State Bar of Arizona convention heads south and will be held on June 11-13 at the Westin La Paloma in Tucson. Start making plans to attend now! more�

Put More Money Back in Your Wallet: Apply now for the new exclusive Platinum Rewards MasterCard for State Bar of Arizona members. Earn double points on purchases for the first 60 days. Zero Liability fraud protection. No annual fees. Click here to apply.

Solo Firms Can Get 7 Days of Unlimited Shepard's� Citations Service: Receive access to Shepard's Citations Service as well as primary law materials, Matthew Bender resources, news and an option to include billions of public records. View details and request your access here.

Are You Covered? Did you know that the State Bar offers exclusive member discounts on many types of insurance, including liability, long-term care, disability, auto, and business? Click here for more information, and to see all the member discounts available to you.

court decisions

Arizona Court of Appeals
Division One
Division Two

January 7, 2014 - 1 CA-UB 12-0372 - Mark F. Wynn v. Arizona Department
of Economic Security and Hensley and Co.

Whether unemployment benefits are available to a claimant who is discharged due to a reduction in force and who receives a lump sum payment from the employer that is contingent on signing a release of liability. Read Opinion.

January 14, 2014 - 2 CA-CV 2013-0086 - Estate of Josefa U. DeCamacho
v. La Solana Care and Rehab

In ordering arbitration of claims brought by the decedent's estate and survivors, did the trial court err by finding that: 1) a valid and enforceable contract existed between the decedent and La Solana Care and Rehab, Inc., and 2) the contract's arbitration clause bound the estate and survivors' claims brought under Arizona's Adult Protective Services Act and wrongful death statute? Read Opinion.

 

9th Circuit Court of Appeals

January 16, 2014 - 12-70681 - World Trade Financial Corp. v. US Securities
and Exchange Commission

A petition for review of the Securities and Exchange Commission's Order upholding a variety of fines and sanctions against petitioners for violating Sections 5(a) and 5(c) of the Securities Act of 1933, which prohibit the sale or offer of a security without filing a registration statement, is denied, where: 1) substantial evidence supported the Commission's finding that petitioners violated Sections 5(a) and 5(c) of the 1933 Securities Act; 2) petitioners did not meet their duty of inquiry necessary to claim the Section 4(4) brokers' exemption; and 3) deference to the Commission's discretionary determination as to the appropriate fines and sanctions is appropriate because they were within the Financial Industry Regulatory Authority's guidelines and were supported by the evidence in the record. Read Opinion.

January 16, 2014 - 11-35579 - Neil Grenning v. Maggie Miller-Stout
Summary judgment for defendants in a 42 U.S.C. section 1983 action brought by a Washington state prisoner who alleged that the continuous twenty-four-hour illumination of his cell violated the Eighth Amendment is reversed and remanded, where: 1) material issues of fact existed as to the brightness of the continuous lighting in plaintiff's cell, as to the effect on him of the continuous lighting, and as to whether the defendant officials were deliberately indifferent; and 2) even if it were possible for a defendant to defeat an Eighth Amendment conditions of confinement claim at summary judgment by showing a legitimate penological interest, defendants failed to make such a showing in this case. Read Opinion.

 

 

 

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