Welcome to the State Bar of Arizona's eLegal Newsletter.


Volume 16, No. 6 | March 14, 2017

eye on ethics

Q: I practice exclusively family law, and have done so for the last twenty years. May I state on my website that I specialize in family law?

A: Only if you are a certified by the Arizona Board of Legal Specialization as a family law specialist. Otherwise, you may not state or imply that you are a specialist, but you may communicate that you practice exclusively in the area of family law. See ER 7.4.

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Tribal jurisdiction and UPL
The unauthorized practice of law is not just about state bar admissions. Practicing in tribal jurisdictions may require additional criteria, which may raise ethics issues.

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member news

Immigration Attorneys Came Together to Provide Free Legal Help: Nine immigration attorneys volunteered for the State Bar of Arizona and Univision Arizona's first Abogados a Su Lado (attorneys on your side) phone bank of the year on Wednesday, March 1, 2017. This access to justice program was held to help the immigrant community understand the impact of the President's Executive Orders. Volunteer attorneys answered 381 calls regarding immigrant rights and changes in immigration law during the five-and-a-half-hour phone bank. The State Bar thanks the following attorneys who volunteered: Marisol Angulo, Hernandez Global; Emilia Banuelos, Banuelos Law Office; Vanessa Black, Vanessa Black Law Immigration Law Firm; Joshua De La Ossa, De La Ossa & Ramos; Seth B. Draper, Salvatierra Law Group; Judy Flanagan, Judy C. Flanagan, PC; Ayensa Millan, CIMA Law Group; Edwin G. Ramos, De La Ossa & Ramos; and Javier Sobampo, Sobampo Law Firm.

State Bar Contributes to Online Military Family Law Guide: Members of the Military Legal Assistance Committee have worked in the past few years on a project that just became live. It was a collaboration with the Texas Bar Association regarding state laws of interest to service members and attorneys. That site is available now for viewing. A number of attorneys on and off the MLAC committee worked to create and respond to the questions from the Texas Bar Association, including, but not limited to, Therese Martin, Rebecca L. Owen and Rebecca Elliott.  

In the news

Man Who Tried to 'Arrest' Judge in Arizona Courtroom Convicted of Attempted Kidnapping: Brittian Young was angry at a judge who ruled against him in a case involving his child. And he had a delusional grasp of what the law allows. So last September, he walked into Maricopa County Superior Court with a bag full of 2-foot-long plastic zip-ties and a made-up "warrant." Learn more about how this citizen's arrest went wrong here.

Discrimination Against Gay Employees Not Prohibited by Civil Rights Act, 11th Circuit Rules: A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals ruled Friday that the Civil Rights Act of 1964 does not prohibit discriminating against employees because of their sexual orientation, the Associated Press reports. Learn more.

from the bar

You Still Have Time to Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that deserving colleagues are recognized for their contributions to the legal profession. Nominations for the 2017 State Bar awards are now being accepted through March 22, 2017 at 5 p.m. Visit the Bar's awards page for more information and the nomination form.

Meet 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.

Please Comment on Proposed Revisions to the Arizona Rules of Civil Procedure: The Arizona Supreme Court's Committee on Civil Justice Reform recently filed a rule petition, number R-17-0010, that proposes substantial changes to a number of civil rules of procedure concerning case management, subpoenas, sanctions, and other subjects. You're invited to comment on the rule petition. Comments can touch on any aspect of the draft, large or small, concerning its style or its substance. Your comments can help the Committee improve its work product. Please post your comments on the Court's Rules Forum. The comment deadline is May 22, 2017. Click here for more information. 

Two Public Member Seats Open on Board of Governors: The Appointments Committee is accepting applications from non-lawyer public members to fill two seats on the Board of Governors. Applicants may be from anywhere within Arizona. Know a qualified individual? Have them apply by March 24. For candidate criteria and an application click here.

Pinal County Attorneys Needed to Help With Merit Selection Process: Apply by Wednesday, March 28 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. For candidate criteria and an application click here.

Client Protection Fund Board Seeks Trustee: Apply by March 29 to serve as a Trustee of the State Bar's Client Protection Fund. The Fund's purpose is to promote public confidence in the administration of justice, and to preserve the integrity of the legal profession by reimbursing people who have sustained losses caused by the dishonest conduct of lawyers admitted and licensed to practice law in Arizona. Each lawyer licensed to practice law in Arizona contributes $20 per year to the Fund. The Trustees act as fiduciaries of monies deposited in the fund, invest those funds, and pay claims in appropriate cases. For more information and an application click here.

Get Engaged in Selecting Scottsdale City Judges: Apply by March 29 to serve on Scottsdale's Judicial Appointments Advisory Board. Applicants must reside in Scottsdale. Volunteer Board members screen and recommend municipal court judicial candidates to Scottsdale's City Council for its selection. For more information and an application click here.

Help Select Surprise City Judges: Apply by March 29 to serve on Surprises Judicial Selection Advisory Commission. Applicants must reside in Maricopa County. Volunteer Commissioners screen and recommend municipal court judicial candidates to Surprise's City Council for its selection. For more information and an application click here.

Diversity and Inclusion Conference Program Highlight - Maintaining Balance and Promoting Mental Health - Strategies, Tips and More:  In this 1.5 hour CLE program you'll hear from a mental health expert about the potentially negative impact of the work lawyers do and learn strategies to promote and maintain your well-being and balance through mindfulness, time and stress management. Spring Training for Lawyers is State Bar of Arizona�s most affordable CLE conference and offers a variety of CLE programs and networking opportunities. For more information and to register click here.

Formal Ethics Charges Against Former Desert Ridge Justice of the Peace Clancy Jayne Resolved: The Commission on Judicial Conduct announced that on February 28, 2017, an order was entered by a commission hearing panel that resolved pending formal ethics charges against former Desert Ridge Justice of the Peace Clancy Jayne. The commission agreed that its formal charges against former Judge Jayne will not be pursued. In exchange, he will not run for elective judicial office or serve in any judicial capacity in the State of Arizona at any time in the future. Read more about the issue here.

Diversity and Inclusion Conference Program Highlight - National and Regional Infrastructure Development and its Impacts on Indian Country: Indian tribes, lands and sacred sites are often impacted by transportation, energy and utility projects that largely serve off-reservation communities. Tribal perspectives on projects such as the Dakota Access Pipeline and Arizona's Loop 101 (Pima Freeway) & 202 (South Mountain Freeway) will be presented in the 1.5 hour CLE program. Spring Training for Lawyers is State Bar of Arizona's most affordable CLE conference and offers a variety of CLE programs and networking opportunities. For more information and to register click here.

Applications Being Accepted for a Vacancy on Division Two of the Arizona Court of Appeals: Applications are being accepted for a vacancy on Division Two of the Arizona Court of Appeals, created by the retirement of Judge Joseph W. Howard. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to Governor Doug Ducey. The application deadline is March 31, 2017. More.

Public Asked for Input on Eight Candidates for Pima County Superior Court Vacancy: The Pima County Commission on Trial Court Appointments is asking for public input on eight candidates for a vacancy on the Pima County Superior Court created by the retirement of Judge K.C. Stanford. Written comments must be submitted by April 14, 2017 or in person at a hearing on April 20, 2017. Click here to view candidates.

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 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.

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 - Fiduciary Duties and the Modern Lawyer: Learn proper ways to engage in business with a client to serve their fiduciary relationship, and more, in this free one hour webinar March 29, 2017 at 1:00pm.  To register or for more information, click here. Presented by Member Discount provider LawPay

Ruby� Receptionists Offers Legendary Live Receptionist, plus an impressive suite of features: Spanish bilingual service, free local number hosting, an innovative mobile app, and lots more! State Bar of Arizona members receive a 10% discount. Visit //campaign.azbar.org/CT00325129Y29tbXVuaWNhdGlvbnNAYXpiYXIub3Jn.HTML?D=2017-03-15 or call 866.611.7829.

Ready to Save Money on Your Car Insurance? You could qualify for an exclusive State Bar member discount with GEICO. For a no-obligation quote, click here or call 800.368.2734.

Save on Car Rentals, Local Hotels, Insurance, Practice Management Software and More: Click here for the full list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division OneDivision Two

March 2, 2017 - 1 CA-CV 16-0168 - Mertola, LLC. v. Alberto J. Santos
Whether, absent agreement to the contrary, a cardholder's failure to make a monthly minimum credit-card payment triggers the statute of limitations on a claim for the entire unpaid balance on the account. Read Opinion. Read Opinion.

February 28, 2017 - 2 CA-CV 2015-0193 - 2 CA-CV 2016-0054 (consolidated) - In re the Marriage of Henderson
1. May a foreign child support order be registered and enforced in Arizona under the Uniform Interstate Family Support Act (UIFSA) if the order is subject to retroactive modification? 2. If so, did the trial court have jurisdiction to enter a judgment for support arrearages after the subject children had reached the age of majority but the issuing foreign jurisdiction recognizes an ongoing obligation for the children? 3. Did the trial court properly find appellant in willful contempt of court orders, and were the purge conditions imposed reasonable? 4. Did the trial court lack jurisdiction during the pendency of this appeal to enforce the judgment by issuing an income-withholding order and enjoining access to two international bank accounts, and if not, were the equitable remedies imposed an abuse of the trial court's discretion? Read Opinion.

9th Circuit Court of Appeals

March 10, 2017 - 15-50205 - United States of America v. Bladimir Martinez
Sentence for being a removed alien found in the U.S., 8 U.S.C. section 1326, is vacated where: 1. the district judge's failure to notify and consult with defense counsel before responding to a jury question seeking guidance on the significance of the special finding as to the defendant's removal date violated Fed. R. Crim. P. 43(a) and the defendant's Sixth Amendment right to counsel; and 2. the error was not harmless beyond a reasonable doubt because much of the government's documentary evidence concerning the defendant's prior removal contained demonstrable errors, and because defense counsel, had she been consulted, would have specifically requested that the district court instruct the jury that the government was required to prove the removal date beyond a reasonable doubt. Read Opinion.

March 9, 2017 - 15-56034 - Richard Zanowick v. Baxter Healthcare Corporation
In a case alleging defendant's products exposed plaintiff to asbestos, leading to terminal mesothelioma, in which plaintiff died and plaintiff's family failed to file a timely motion to substitute a new party as required by the 90-day deadline in Fed. R. Civ. P. 25(a)(1), the district court's order granting plaintiffs' motion to voluntarily dismiss their action without prejudice pursuant to Fed. R. Civ. P. 41(a)(2) is affirmed where: 1. Rule 25(a)(1) permitted the district court to allow a late substitution if requested, and did not require the district court to dismiss the federal action with prejudice; and 2. the district court did not abuse its discretion in granting the Rule 41(a)(2) motion for dismissal without prejudice. Read Opinion.


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