e-legal

Volume 16, No. 9 | April 25, 2017

eye on ethics

Q: I just found out that the opposing counsel in a family law matter has been suspended. The opposing party has been calling me to discuss the case. Am I permitted to talk to the opposing party?

A: Yes. If the opposing counsel is suspended, and the opposing party has not retained successor counsel, you may contact the opposing party directly. Keep in mind your obligations under ER 4.3, Dealing with Unrepresented Person.

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member news

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? 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.

In the news

Your Favorite Retailer Has Filed For Bankruptcy; Now What? For many retailers, Chapter 11 does not mean the end of their selling days. For shoppers, however, all sales should be considered final. This is one piece of advice provided by bankruptcy experts for consumers wondering where on earth it is safe to shop these days. Click here to see what experts recommend.

Google's Asking You for Some Help to Fix Its 'Fake News' Problem: Thanks to the phenomenon of "fake news," Google's going to start asking you for help with its search results rather than relying solely on its algorithms. The search giant said it will make it much easier for anyone to give it feedback on its search results, which is the way that most people use Google. For everyday users, that means that if you see a result featured on Google's pages that you think is wrong or offensive, then you can actually do something about it. Read more about Google's efforts here.

from the bar

Immigration and Estate Planning Attorneys, We Need You! The State Bar's Law Day Legal Aid Clinics are this Saturday and we still need a few immigration and estate planning attorneys to help us, help the community! The clinics will be held in Phoenix and Glendale this Saturday, April 29 in celebration of Law Day. The 2017 Law Day Legal Aid Clinics are part of an annual program that connects the legal community with the public to provide FREE civil legal help. Email Alberto Rodriguez at alberto.rodriguez@staff.azbar.org if you're willing to help!

State Bar Convention Attracts National Speakers: The State Bar of Arizona Convention seminars are known for their outstanding speakers. This year is no exception. In addition to the highly-talented presenters from our own sections and committees, we're also proud to welcome some well-known speakers from around the country. See which programs fit into your schedule. More.

Get to Know the 2017 Board of Governors Candidates: The online Board election will launch May 4. In District 6/Maricopa County, 20 candidates are vying for nine seats. In District 8/Pinal County, the incumbent is running unopposed. Meet the candidates here.

Represent the State Bar of Arizona in the ABA House of Delegates: Apply by May 3 to serve as an ABA Delegate. The control and administration of the ABA is vested in the House of Delegates, the policy-making body of the association. The House meets twice each year, at the ABA Annual and Midyear Meetings. One of the two appointments must be a young lawyer. For candidate criteria and an application click here.

Community Legal Services Board Vacancy: Apply by May 3 to serve on the CLS Board of Directors. The Board is the policy-making body of the organization, working collectively to ensure the fiscal integrity of the program, establish substantive law "priorities" and enhance the organization's standing within the community. For candidate criteria and an application click here.

Attorneys in Pinal County Needed to Help with Merit Selection Process: 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.

Temporary Closure of Court of Appeals Division One Public Service Counter and Document Viewing Room: The Court of Appeals, Division One will be remodeling the public document viewing room. During this time, the regular public service counter location will be closed. Individuals needing assistance and/or access to Court of Appeals Division One documents will be routed to the Arizona Supreme Court public service counter. Court of Appeals staff will be available at the Supreme Court location (on the 4th floor of the same State Courts Building) to assist Court of Appeals customers. The remodel project began on Monday, April 17 and is expected to last approximately three weeks.

Pima County Superior Court Judicial Nominees Announced: The Pima County Commission on Trial Court Appointments has recommended five candidates to Governor Doug Ducey for an opening on the Pima County Superior Court. Learn who they are by clicking here.

Applications Being Accepted for Three Judicial Vacancies in Outlying Counties: Governor Ducey has begun accepting applications for judicial vacancies in Mohave, Yavapai and Yuma counties. Each vacancy has an application deadline, Mohave's being the earliest on May 4, 2017. To learn more about the judicial vacancies, click here.

Formal Charges Filed Against Moon Valley Justice of the Peace: The Commission on Judicial Conduct announced today that a hearing to consider formal charges of judicial misconduct against Moon Valley Justice of the Peace Andrew Hettinger on May 15, 2017. The formal charges allege that Judge Hettinger violated numerous rules governing the conduct of judges during his election campaign in 2016. Read more on the charges here.

Drive Fore Justice Golf Tournament: The Arizona Bar Foundation is hosting their 3rd annual golf tournament�Drive Fore Justice�on May 20 at Moon Valley Country Club. Sign up for a fun day of golf, prizes and dinner by clicking here!

State Bar's Leadership Institute Seeks New Generation of Leaders: We're looking for future leaders to participate in the Bar Leadership Institute. Is this your year? Find out for yourself how the BLI can foster your professional growth and enhance your leadership skills. The application deadline is June 23, 2017. More information and the online application form are available 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.

Practice Tip - Be Careful When Entering Into Tolling Agreements: Click here for information from State Bar Member Discount provider Ahern Insurance, a professional liability insurance brokerage firm.

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.

Save on Secure File Sharing: State Bar of Arizona members receive a 10% discount for life with Citrix ShareFile, for secure file sharing on any device anywhere. For a free trial or or more information, please click here or contact Christopher Dodge, Senior Sales Representative, ShareFile for Legal at christopher.dodge@citrix.com, 919.582.5249.

Save on Car Rentals, UPS Shipping, Office Depot 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

April 13, 2017 - 1 CA-SA 17-0047 - Michele Gutierrez v. Hon. Dewain D. Fox
1. Whether Arizona should adopt the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act from other states holding that for a child six months of age or younger, the birth state has exclusive jurisdiction if the parent petitions for a custody within six months from the date the child left the state. 2. Whether the superior court is required to address all the factors enumerated in A.R.S. � 25-403 when entering temporary orders regarding legal decision-making and parenting time pursuant to A.R.S. � 25-404. 3. Whether establishment of paternity by a voluntary acknowledgement of paternity of a child born out of wedlock has the same effect as a judgment, requiring Mother to obtain Father's agreement or a court order to permanently move the child out of Arizona. Read opinion.

March 29, 2017 - 2 CA-CR 2015-0447 - State of Arizona v. Terry Dale James
1. Was the trial court required to apply the clear-and-convincing standard to admission of Rule 404(c) evidence? 2. Did the trial court err in admitting Rule 404(c) evidence without an evidentiary hearing? 3. Documents relied upon by the trial court in determining that Rule 404(c) evidence was admissible were not admitted into the record. Did this constitute reversible error? Read opinion.

9th Circuit Court of Appeals

April 24, 2017 - 15-56606 - City of Los Angeles v. AECOM Services, Inc.
In third-party claims brought by the City of Los Angeles for breach of contract and contribution against contractors that allegedly breached their contractual duty to perform services in compliance with federal disability regulations in the design and construction of a bus facility, the district court's dismissal of the City's claims is reversed where: 1) Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act did not preempt the City's state-law claims because the ADA expressly disavows preemptive federal occupation of the disability-rights field; and 2) conflict preemption also did not preclude the City's claims. Read opinion.

April 21, 2017 - 14-17366 - Sarah Weeden v. Deborah K. Johnson
In a habeas corpus petition challenging petitioner's California felony-murder conviction for her role in a bungled robbery that occurred when she was fourteen, the district court's denial of the petition is reversed where: 1. had counsel presented to the jury the opinion of a psychologist who evaluated petitioner after the verdict, the probability of a different result is sufficient to undermine confidence in the outcome; and 2. counsel's deficient performance therefore requires issuance of the writ. Read opinion.

 

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