May a lawyer purge closed client files and store only portions the lawyer deems relevant?
No. Read Op. 08-02
Think you know what your paralegal is thinking? You may be wrong. Read more.
A Legal Battle: Online Attitude vs. Rules of the Bar
Internet, Cells Raise New Jury Concerns
Back in the old days, judges warned jurors to stay away from newspapers and dictionaries and not to discuss their case around the family dinner table or with friends. Those were the good ole days, judges and lawyers say. Read more.
Law Firm's Accounts Hijacked by Scammers Who Promise Sweepstakes Win
An Atlanta law firm is trying to warn consumers about a scam involving phony checks using its bank account information. Read more.
MCLE Affidavits Due Today
The deadline to file 2008-09 MCLE affidavits is today, Sept. 15. Members may submit affidavits online until midnight Arizona time, in person by 5 p.m. at the State Bar office in Phoenix or Tucson, by mail with a Sept. 15 postmark, or by fax with a Sept. 15 transmission date. For assistance with filing, contact 602-340-7327 or 602-340-7239. Read more.
New State Bar Committee to Help Military Personnel and Veterans
A new standing State Bar committee is forming to address the legal needs of military personnel and veterans. Apply by Oct. 9. Read more.
Rules Petitions Adjudicated September 2009
Keep informed about the status of rules petitions decided by the Arizona Supreme Court earlier this month. Read more.
State Bar Requests That Lawyers Be Exempt From Identity Theft Rule
The State Bar of Arizona recently requested that the Federal Trade Commission exempt lawyers from the "Red Flags Rule." Nearly 30 state and local bar associations have opposed the rule. The State Bar requested the exemption to prevent lawyers from being overburdened by the identity theft rule meant to apply to certain creditors and financial institutions. Read more.
State Bar Ethics Committee Releases New Opinion
The State Bar's Ethics Committee recently released a new opinion, 09-02, on the termination of representation. Read more.
Sept. 21 Is Deadline For Comments to Board on Proposed Changes to ER 1.5 and 7.2
The Consumer Information & Education Task Force has finalized its study of fees and the advertising rules. It has proposed revised rules on fee sharing and lawyer referral services and a new rule to implement certification of most lawyer referral services. Members are encouraged to comment by Sept. 21. Read more.
Order Extra Membership Directories Now
The State Bar's Membership Directory 2009-2010 will be printed and available soon. Members can order extra copies now for support staff. Read more.
Arizona Attorney November Job Ads Available Now
If you would like to access the Arizona Attorney job ads weeks before they are published in the print magazine, then please visit www.myazbar.org/AZAttorney/ and click on the Online Classifieds button in the right-hand column of the page. Read more.
Free In-Depth Fastcase Training on Sept. 22 May Qualify for CLE Credit
Fastcase will hold a Sept. 22 online class on conducting in-depth research that may qualify for CLE credit. The State Bar of Arizona offers free, unlimited access to Fastcase as a benefit to members. Read more.
11th Annual Constitution Day Supreme Court Review on Sept. 17
The Rehnquist Center Presents the 11th Annual Constitution Day Supreme Court Review on Sept. 17 at the University of Arizona James E. Rogers College of Law Ares Auditorium. Read more.
Arizona Court of Appeals
Division One | Division Two
September 15, 2009 - CR 08-0139 - State v. Tillmon
Does Arizona Rule of Criminal Procedure 16.1(b), which requires that all
motions "be made no later than 20 days prior to trial," require 20 "clear"
days between the date of trial and the date the motion was filed? Read opinion.
September 4, 2009 - 2 CA-CR 2008-0104 - State of Arizona v. Fabian Alexander McKenna
1. May a felony murder conviction be affirmed when one of two alternatively charged predicate felonies is not supported by sufficient evidence, but sufficient evidence supports the other predicate felony?
2. Did the trial court properly preclude as prejudicial and irrelevant evidence of the murder victim's cocaine use when the defendant made no offer of proof as to any specific evidence?
3. Did the trial court err in denying the defendant's request to admit into evidence his medical records, which arguably may have supported a conviction on a lesser degree of murder, when the defendant was convicted of felony murder, which has no lesser-included offenses?
4. Did the trial court err in denying the defendant's motion for a new trial based on alleged prosecutorial misconduct in closing arguments? Read opinion.
9th Circuit Court of Appeals
September 11, 2009 - No. 07-99005 - Schad v. Ryan
In a capital habeas matter, a denial of the petition is affirmed in part where the prosecution's failure to produce letters written by the prosecutor on behalf of a government witness resulted in little or no prejudice, given the extensive impeachment material already available to the defense. However, the denial of the petition is vacated in part where the district court applied the wrong diligence standard to deny petitioner an evidentiary hearing on his penalty phase ineffectiveness claim. Read opinion.
September 10, 2009 - No. 07-16190 - EEOC v. Go Daddy Software, Inc.
In an action by the EEOC claiming that defendant terminated an employee in retaliation for engaging in protected activity, judgment for plaintiff is affirmed where: 1) there was sufficient evidence for a reasonable jury to conclude that plaintiff complained of discrimination based on his religion; and 2) the jury could reasonably conclude that the employee had the option of returning to his original sales position at defendant company. Read opinion.