e-legal

Volume 15, No. 4 | February 16, 2016

eye on ethics

Q: I am an attorney licensed only in New Mexico, and in good standing with the State Bar of New Mexico. May I move to Arizona and set up a practice in Arizona practicing only New Mexico law?

A: Yes. Effective January 1, 2016, ER 5.5 allows a non-Arizona lawyer to live in and/or establish an office in this jurisdiction to practice the law of another jurisdiction. See ER 5.5(b).

 

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Fruitful Dissent
A new book examines the role Supreme Court dissent has played in essential underlying principles.

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member news

State Bar's Tim Eigo Selected as John Jay/Quattron Fellow: Tim Eigo, Editor of Arizona Attorney magazine has been selected as a John Jay/Quattron Fellow and will attend the 11th Annual Harry Frank Guggenheim Symposium on Crime in America in New York City. He will be joining 17 other journalists from across the nation as a fellow for a story he pitched on the "collateral, downstream effects of prior convictions." The John Jay/Harry Frank Guggenheim Symposium is the only national gathering that brings together journalists, legislators, policymakers, scholars and practitioners for candid on-the-record discussions on emerging issues of U.S. criminal justice. Congratulations Tim�we're proud to have you on our team!

In the news

Who Will Obama Nominate to Replace Scalia? Here Are Some Possibilities: Who will President Barack Obama nominate to replace Justice Antonin Scalia on the U.S. Supreme Court? Predictions are being made, and some names are being mentioned more than others. More.

New York Appeals Court Says Client Can Sue Lawyer Over Wall Street Journal Comment: A former client can sue his lawyer for malpractice over a comment made to the Wall Street Journal, a New York appeals court has ruled. More.

Tucson Woman Settles Fraudulent Legal Services Claim: A $30,612 judgment has been obtained against a Tucson woman who offered fraudulent legal services to the Spanish-speaking community. Ofelia Olivas Lizarraga, owner of Multiservicios Olivas, LLC, falsely represented that she was qualified and authorized to provide legal advice and prepare legal documents in immigration, divorce, and other legal matters. More.

from the bar

Did You Miss the February 1 Deadline to File Your State Bar Annual Statement and Dues? You can still file, but late filing fees are now in effect. Your 2016 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. More.

Run For Election to the Board of Governors: Five Board Districts will hold elections May 4-18, 2016. Active Members are encouraged to run for election to the State Bar of Arizona's Board of Governors. For information on the Districts holding elections and a nomination package�which is due by Friday, February 26�click here.

State Bar Seeks Public Board Member From Outlying Counties: The State Bar of Arizona's Board of Governors is accepting applications from non-lawyers from outlying counties to fill one seat on its Board. The application deadline is Friday, March 18, 2016. Participation of public members is essential to the State Bar's mission of serving the public and its efforts of making sure the people of Arizona have a strong voice in the legal system. The form can be found here or by contacting Nina Benham at 602.340.7329 or by email at nina.benham@staff.azbar.org.

You Still Have Time to Become Involved in the Merit Selection Process: The application deadline has been extended to Friday, March 18, 2016 to serve on the Pinal County Commission on Trial Court Appointments. Applicants must reside in Supervisorial District 4 in Pinal County. For other candidate criteria and an application form click here.

Are You Interested in Joining a State Bar Committee? As of February 1, we are accepting applications for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona. Applications must be received no later than March 29, 2016. To learn more about the various committees and to fill out an application click here.

Eight Judicial Nominees Announced for Maricopa Superior Court: The Maricopa County Commission on Trial Court Appointments has recommended eight candidates to Governor Doug Ducey for an opening on the Maricopa County Superior Court. View the nominees here.

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.

Share 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.

Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the 2016 State Bar awards are now being accepted through March 18, 2016 at 5 p.m. More.

Attorney Douglas Younglove of Phoenix Reinstated to the Practice of Law: The Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Douglas S. Younglove be reinstated as an active member of the State Bar of Arizona. More.

Attorney Susan A. Light of Tucson Reinstated to the Practice of Law: The Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Susan A. Light be reinstated as an active member of the State Bar of Arizona. More.

International Criminal Court Judge to Speak in Scottsdale on February 25: The Honorable Marc Perrin de Brichambaut of The Hague will address the critical role U.S., European, and international law play in supporting or straining the U.S.-European relationship. Arizona Supreme Court Justice Ruth McGregor (Ret.) will moderate. For more information and to register click here.

Register Now for ABA TECHSHOW 2016 Conference and EXPO: Where can you find the latest technology to help your growing law practice? Try the 30th Annual ABA TECHSHOW, being held at the Hilton Chicago from March 16-19, 2016. State Bar of Arizona members get a discount on registration by using the Event Promoter code EP1614. For more information and to register, click here.

Log On and Get Connected to Practice Tips by Citrix ShareFile: Attend two FREE 60-minute webinars to improve your practice. Join Rasheryl McCreary on February 18 as she presents How to Elevate Your Personal Brand to Attract Your Ideal Customers, click here to register. Gene Marks presents 5 Technology Best Practices That Will Improve Your 2016 Profitability on February, 24, click here to register.

Did You Know 1 in 3 Professionals Will Become Disabled For Six Months or More in Their Career? Click here to learn how disability income insurance could provide you with a continuing income if sickness or injury should prevent you from working. Receive a permanent 10% discount from John Driscoll & Company, Inc., a State Bar Member Discount Provider.

Save on Payroll Processing: Save time and money when processing payroll - even from your mobile device - with SurePayroll, a provider of online payroll services. Click here for the State Bar member discount, or call 877.954.7873 to find out more.

Save on Hotels, Car Rentals and More: Click here to see the 27 companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

February 2, 2016 - 1 CA-CV 14-0707 - Lee Watkins v. Sheriff Joseph M. Arpaio
Whether, under A.R.S. �� 12-821 and -821.01(B), a claim against a public employee for intentional infliction of emotional distress based on acts that continue over a period of years is subject to the "continuing wrong doctrine, which suspends accrual of the claim until the allegedly wrongful acts cease." Read Opinion.

January 25, 2016 - 2 CA-CR 2014-0295 - State of Arizona v. Rosa E. Becerra
Did the trial court err in finding under the totality of the circumstances test that the use of a K-9 drug detection dog in the interior of the defendant's vehicle was within the scope of her oral and written general consent to search the vehicle? Read Opinion.

9th Circuit Court of Appeals

February 12, 2016 - 14-35368 - David W. Sanders v. Energy Northwest
In a whistleblower action brought under section 5851 of the the Energy Reorganization Act, the district court's grant of summary judgment to defendant is affirmed where plaintiff's objection to the classification status of a safety report did not constitute protective conduct under the act. Read Opinion.

February 11, 2016 - 09-99005 - Hector J. Ayala v. Ronald Davis, Warden
In a habeas corpus action, the district court's denial of the petition, claiming a violation of the Vienna Convention, is affirmed where the California Supreme Court's conclusion that petitioner failed to establish prejudice from the state's failure to give consular notice was not objectively unreasonable under the Antiterrorism and Effective Death Penalty Act. Read Opinion.

 

 

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