1 INSIDE Criminal Court Trial Divisions Moving Downtown p. 3 NOVEMBER 2009 Volume 28, Number 11 Misconceptions of Foreclosure and Bankruptcy p. 5 Families Giving Thanks for Adopted Children p. 12 It s Time to Vote Online! MCBA is, for the first time, using online voting for the Board of Directors election. Fast, easy and a money-saver for the bar association, online voting begins the week of Nov. 2 and continues through the end of the month. Find details on how you will receive your voting information and the biographies and photos of candidates on page 7 of this issue. The MCBA website s front page will also have voting instructions throughout the month. When in doubt, go to for information about how to vote or to receive assistance from staff. PRSRT STD U.S. Postage PAID Phoenix, AZ Permit No Hall of Fame Inductees Honored Close to 300 members of the legal community and their guests feted the Maricopa County Bar Hall of Fame inductees at the 2009 MCBA Annual Meeting luncheon Oct. 28 at the Hyatt Regency Phoenix. Of the 21 inductees, seven of were present in person to accept their award and make remarks. (See photos page 9.) After the welcome by Executive Director Allen W. Kimbrough, MCBA President Kevin The first woman president of the Maricopa County Bar Association, Hon. Rebecca A. Albrecht, accepts her Hall of Fame award from MCBA President Kevin Quigley at the Oct. 28 Hall of Fame and MCBA Annual Meeting luncheon. Quigley addressed the assembly: We are here to honor the members of our profession who, according to the Hall of Fame criteria, exhibited professional excellence and extraordinary service to the legal profession and the public. The biographies of these individuals illustrate the amazing contributions made by these lawyers during the late 19th through the 21st centuries. We were again fortunate to have a large number of outstanding nominees, Quigley said. Those who were nominated but not selected this year will carry over to future years. In addition, we clearly recognize that there are many who were not nominated who are deserving of this honor. So we recognize that the Hall of Fame is a work in progress. The MCBA Hall of Fame was initiated in 2008 under the leadership of Hon. Glenn Davis, and he again chaired this year s selection committee. Other members of the 2009 committee were: Hon. Louis A. Araneta, Larry Hammond, William F. Haug, Yvonne Hunter, Michael K. Kennedy, Hon. Cecil B. Patterson, Jr., Kevin Quigley, Richard Segal, Lynda Shely, Hon. Ann S. Timmer, and Stan Watts, who also served as the committee s historian. Committee members agree to be ineligible for Hall of Fame consideration during their years of service. Last year, 31 honorees were inducted. See Hall of Fame Inductees Honored page 9 Timing Presents a Problem for the Court You be the judge. The defendant, charged with a DUI violation, has moved to dismiss the indictment, alleging it grew out of an unconstitutional search and seizure. His motion and the hearing that you hold reveal the following facts. Around midnight, an anonymous caller informed a 911 operator that there was suspicious activity going on in the parking lot of an apartment complex. The caller was concerned that the occupant of a car was possibly preparing to burglarize other vehicles. The caller described the suspect s car and gave its license-plate number. A deputy sheriff responded to the call. He located a car that closely matched the description given by the caller and whose license-plate number was close to the number the caller had given. He parked his cruiser directly behind this car, blocking its egress, shone his spotlight into the vehicle, got out of his cruiser, and walked toward the car. As he approached, he saw Marcos Adrian Canales, who was sitting in the driver s seat, place a large beer can behind the passenger s seat. The deputy smelled the odor of alcohol in the vehicle and observed that Canales eyes were red, watery and bloodshot. He asked Canales to leave the vehicle and perform two field sobriety tests. Canales performance on the tests indicated that he was impaired. After a preliminary breath test revealed the presence of alcohol, the deputy arrested Canales for DUI, and another deputy performed a blood draw, which confirmed the presence of alcohol. The state charged Canales with aggravated DUI: his license was suspended or revoked, and he had two or more prior DUI convictions. Canales has now asked you, the superior court judge, to throw out the charges. He asserts that the deputy detained him without any reasonable suspicion of criminal activity or a traffic violation in violation of his rights under the Fourth Amendment to the United States Constitution and Article II, 8 of the Arizona Constitution. See Timing Presents a Problem for the Court page 14
2 2 NOVEMBER 2009 MARICOPA LAWYER Work Hard, Live Well For most, November brings to mind images of fall and the beginning of the extended holiday season. While it is a very enjoyable time of year, especially in the desert Southwest, the demand of professional obligations, family obligations, and the expected attendance at a variety of work and civic events can make the season stressful and hectic. Twenty-four hours is often not enough time in the day. It is at these times that worklife balance is extremely important. A variety of catch phrases have been spun to address trying to balance our lives: Work to live, don t live to work, Work hard, live well, Take care of your health, the rest will CORRECTIONS The Phoenix School of Law was incorrectly referred to as the Phoenix College of Law in the photo caption that appeared on the cover of the October 2009 issue. Lillian Clementi authored Taking the Pain Out of Foreign-Language Documents, which appeared in the September 2009 issue without a byline. The Maricopa Lawyer apologizes for any inconvenience these errors may have caused. follow, and many others (including Work hard, play hard, but many of us feel our years too much to embrace that mantra anymore). Regardless of which motto you choose, finding balance means knowing the things that are important to you (including work), and planning your day-to-day schedule to allow time for them. It means identifying the priorities you want to focus on, and knowing that you cannot do everything. Perhaps devoting yourself to just one priority at a time, so that when you are at work, you focus on your job, and when you are with your family, you focus on them. Finding balance also involves identifying when we cannot or do not need to handle every aspect of a project. There are times that we may fail to effectively delegate or collaborate, or we take on too many projects. The result: unorganized efforts, missed deadlines, and less time to devote to our priorities. Several experts recommend strategies for bringing balance to our work lives, such as: Begin by organizing so you can plan blocks of time devoted to yourself. Step away from the cell phone, Blackberry and computer, and then clear your desk to eliminate clutter. Identify the situations that are most likely to cause you stress and determine if it is beneficial stress that keeps you on your toes or harmful stress that causes unease. Making lists and crossing off items as you complete them to give yourself a sense of accomplishment. For lawyers who want to learn more about achieving work-life balance, there are a number of resources, including a number of websites that provide helpful tips and checklists to help people understand whether they are making the best use possible of their time, and to realize their personal priorities: Also, and especially during the holiday season, experts recommend starting or increasing an exercise program, such as biking, walking, yoga, pilates, spinning, or weight training. I will try, but I am better at making lists. In any event, I plan to work hard, live well, and enjoy the heck out of this fall. In between pleadings and conference calls, I will light the grill and/or smoker every chance I get and enjoy the cool weather with my family. I ll go to as many of my kids games as I possibly can. I ll take the time to attend those gatherings where I can reconnect with friends and colleagues that I have not had a chance to. I will get to the woods to enjoy true fall color and weather, and the phenomenal fall trout bite. I ll even continue to cheer for my college football team, and hope they don t bounce the ball off of errant body parts leading to touchdowns the other way. I hope you have a wonderful fall, full of balance. Thank you for all of your continued support of the MCBA and its programs. Lawyer Referral Service Needs You Potential clients can be yours with the MCBA Lawyer Referral Service. The LRS receives more than 100,000 calls per year from people seeking legal assistance as well as attorneys referring clients outside their practice area. Among the areas needing coverage are: administrative law, SSI-SSD/Medicare law, workers' compensation, and immigration. Spanish-speaking and West Valley attorneys are also needed. It's easy to join! Call Linda Peña at (602) N. 3rd Street, Suite 204 Phoenix, AZ (602) Fax: (602) Maricopa County Bar Association MCBA s Environmental Law Section Takes Field Trip In an aptly titled CLE, ESA and Restoration of Species: Joy to the Fishes in the Hatchery (Wine for You and Me), attendees hit the road for a tour of the Page Springs Fish Hatchery, a lecture on Arizona s endangered species, and a recuperative stop at Page Springs Cellars, near Cornville. Word is that a good time was had by all and no fish were harmed during the tour. Maricopa Lawyer is published monthly by the Maricopa County Bar Association. Contributions of articles and letters to the editor are encouraged. All materials must be submitted by the first Monday of the month to be considered for the next issue. All submissions may be edited for content, length and style. The MCBA does not necessarily endorse the views expressed by contributors and advertisers. Editorial Board Chair: Aaron Nash Members: Karen Arra, Brian Cieniawski, Joan Dalton, Tamara Herrera, Linda Hasseler, Jack Levine, Daniel P. Schaack, Stan Watts and Mark A. Winsor Publisher Allen W. Kimbrough Editor-in-Chief Isolde Davidson Managing Editor Andrew Masayestewa Advertising, Editorial Submissions (602) Fax: (602) Wine (very good wine, actually) does grow in Arizona and Page Springs Cellars proves it. This winery grows most of its grapes in southern Arizona but has a small vineyard and tasting room about 20 miles south of Sedona. These lucky trout in the hatchery s show pond take joy in their fresh spring water, and we presume, in the fact that they are in no danger of ending up in somebody s frying pan. MCBA members observe from above. Enjoying a tasting flight at Page Springs Cellars, which specializes in Rhone style wines, are (standing back) Bob Lynch, the CLE presenter; Karlene Martorana, whose husband Bradley is seated next to her; and Craig Bolton (foreground). The fish hatchery allows self-guided tours and signage explains the history, flora and fauna that arose in the vicinity of the spring.
3 MARICOPA LAWYER NOVEMBER Criminal Court Trial Divisions Moving Downtown MEDIATE with Joy Changes in Mesa The criminal court trial divisions at the Southeast Adult Facility in Mesa will move to downtown Phoenix, effective Dec. 1, The Regional Court Center (RCC) and Early Disposition Court (EDC) at the Southeast Adult Facility will remain in Mesa. This move is part of the Superior Court s long-term plan to centralize services and help the court manage costs. The Clerk s services, including the ability to file documents, access records and courtroom clerk staffing of judicial divisions at the Mesa and downtown Phoenix locations will not be affected by these changes. Public Records As the Internet evolves and the state moves toward electronic filing in all state courts, discussions continue regarding what should be in the public record and how public it should be. Currently, all Superior Court public records in Maricopa County can be accessed at the Clerk s Offices around the valley. Copy and transaction fees are determined by state statute and the Clerk maintains the official record. Some for-profit companies obtain court records and resell them as unofficial records online, either on a per-document basis or as part of a subscription service. When dealing with these third-party companies, remember that the Clerk s Office cannot verify the accuracy of what they provide or influence the prices they charge. By registering with the Clerk s Electronic Court Record Online, attorneys can remotely access the public records on cases where they are the attorney of record or where an attorney from their firm is the attorney of record. Supreme Court Rule 123 that takes effect Jan. 1, 2010, will allow the Supreme Court to create a new online application that provides access to the images of filings in adult case types in exchange for a fee. If created, access under that system would likely include more public records than ECR Online allows, but would not make all public records available remotely. Regardless, public records unavailable online will still be available at the records physical locations in justice, municipal and superior courts. Did you know that family, probate, tax, criminal and civil cases all have records that are available to the public? Many nonlawyers are surprised to learn that the details of their divorce or a loved-one s estate are available as public records. When filing documents, make sure that sensitive information is not included unless specifically required. There are specific forms, such as the Sensitive Data Sheet in family court cases or the Probate Information Form in probate cases, for this sensitive information. Supreme Court Rule 123 that takes effect Jan. 1, 2010 states that sensitive data means social security number, bank account number, credit card number, and any other financial account number and requires filing parties to refrain from including that information in all pleadings or other documents filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court or as otherwise provided by law. A document was recently submitted to the Clerk s Office for filing that included the complete social security numbers for numerous parties listed in the caption. Protecting this information before filing helps reduce the potential for identity theft and other crimes. Specific case types require that certain information be filed separately from public records, such as the full date of birth of minors in a dissolution action. Because the Clerk s Office files-in thousands of documents at numerous locations daily, file counter and review clerks do not have the time or authority to inspect documents for sensitive information. To submit the most professional and information-appropriate documents for filing in the public record, carefully review your pleadings before filing. Remind others that what gets filed with the Clerk is available to people well beyond the assigned judicial officer. JOY B. BORUM* FAMILY MEDIATION CENTER *www.joyborum.com Lazar Recounts Father s Life and Death in Evening s Empire By Joan Dalton Zachary Lazar is an accomplished writer with Arizona roots. Those roots, however, do not necessarily conjure up happy and warm images for Lazar. In 1975, when Lazar was six, his father, Ed Lazar, was murdered in a downtown Phoenix parking garage the day before he was to provide grand jury testimony against his business partner, Ned Warren. A year later, The Arizona Republic investigative reporter Don Bolles would suffer a similar fate from a planted car bomb at a Phoenix hotel. But it would be 20 more years before Bolles assassin would tell Phoenix police who murdered Ed Lazar. In 2006, Lazar began a physical, emotional and investigative journey in which he was able to piece together images of his father after researching news clippings and law enforcement records, and by talking with investigative reporters, law enforcement officers, and those close to Ed Lazar. His journey was made in an effort to get to know his father in the roles he lived as a son, husband and father, while also trying to understand the dynamics of how exactly his accountant father found himself in the circumstance of testifying against Arizona s land fraud king. Lazar has received a Guggenheim Fellowship for his previous work and currently holds a Hodder Fellowship at Princeton University. His novel, Sway, was a finalist for the 2008 Barnes & Noble Discover Great New Writers Award. Evening s Empire is his third book. Maricopa Lawyer s Joan Dalton interviewed Lazar on the release of Evening s Empire. JD: When, in relation to your father s murder, did your family move away from Arizona? ZL: About two years later, my mother remarried and we moved to Denver. JD: How old do you think you were when you began to understand the circumstances of your father s murder? ZL: Almost right away. If you look at the news coverage from the time, the basic story is already there, though no one was prosecuted and the investigation eventually petered out. This inability to make a case remains something of a mystery. I didn t read the newspaper at the age of six, but I heard the names and was told a simplified version of what had probably happened. When I was older in my early 20s I tried to find out more and soon discovered that the story was incredibly complicated. There were so many people involved in the land fraud scandals of the 1970s, and that story was so intertwined with the even more complicated story of Don Bolles and his murder, that it was difficult at first to even see how my father fit into his own story. JD: How did you approach the research aspect of writing this book? ZL: I had to teach myself as I went. I had never done anything like it before no journalism, no reporting. I started with a book called The Arizona Project, about the Bolles case, where my father was mentioned. Then I started making phone calls to people who had either worked on the Bolles case or my father s case. I discovered, to my surprise, that most people were willing and even eager to talk about it. Chuck Kelly, formerly of the Republic, was an enormous help early on, because he sent me photocopies of all the paper s coverage of my father s murder. JD: What was the most frightening part of researching and writing this memoir? See Lazar Recounts Father s Life and Death page 13
4 4 NOVEMBER 2009 MARICOPA LAWYER Gov. Jan Brewer proclaimed Sept. 25, 2009, Paralegal Day for the state of Arizona, and the MCBA Paralegal Division celebrated by sponsoring the annual Arizona Paralegal Conference. The Paralegal Conference continues to be successful year after year and this year was no different. The 10th Annual Arizona Paralegal Conference, Building our Legacy: A Decade of Growth, was a huge success. Each year the members of the Conference Committee along with the members of the Board of Directors put in countless hours planning and organizing the conference and this year was no different. The conference would not be possible without the never-ending support from the MCBA Paralegal Division members that volunteer their time to organize the conference each year. Along with the support we receive from our members, we also receive support from our speakers, law firms, vendors, paralegal schools and local merchants. Each of you deserves a very special THANK YOU! It was very rewarding to see our attendance remained high at this conference even with the INSIDE THE PARALEGAL DIVISION Arizona Paralegal Conference a Huge Success tough economic times we are facing. This continues to prove paralegals are interested in education and what is happening in our chosen profession. With more than 170 attendees at this year s conference, I know this high attendance will encourage next year s conference committee to find new and interesting topics to bring to the 2010 conference. This year s conference gave a chance to reflect on what we have accomplished over the past 10 years. If you attended the conference, you were able to watch the Division s Retrospect and you were able to see how active the division has been over the last 10 years and how we continue to grow. Not only has the annual conference grown, but so has our commitment to the community and future paralegals. We are able to help the local community by sponsoring our bowling event, dental drive and toy drive. We continue to award scholarships each year to paralegal students from around the state. The planning for the 2010 conference is already under way. If you would like to help with the planning and organizing of the 2010 annual paralegal conference, please contact Stacy Palmer at We look forward to seeing all of you at the 2010 conference on Sept. 24. Mark your calendars now. The MCBA Paralegal Division s 2009 Arizona Paralegal Conference scored another success as it celebrated its 10th year. Among the several programs was The Future of the Paralegal Profession: Sustaining Viability in a Sharply Competitive Industry, which featured Robert J. Claire, Esq., executive director of the Hawaii Justice foundation (at the podium). Listening are panel members (from left) Therese A. Cannon, Esq., associate director of the Commission of Senior Colleges and Universities; Meredith L. Larabee, director of legal professionals at Snell & Wilmer; and Sybil Taylor Aytch, RP, M.Ed., senior paralegal at Quarles & Brady, LLP. Calendar of Events NOVEMBER 9 Monday Board of Directors Meeting 16 Monday Toy Drive Begins DECEMBER 14 Monday Board of Directors Meeting 15 Tuesday Division End of Year Celebration Time: 5:30 p.m. 15 Tuesday Toy Drive Ends All Board of Director and Conference Committee meetings are held at 5:30 p.m. unless otherwise specified. All Board of Director, Conference Committee and Quarterly Division Meetings are held at the MCBA offices unless otherwise specified. For more information on Paralegal events, please visit our website at click on the For Paralegals link. SPECIAL THANKS MCBA Paralegal Division Would Like To Thank All of Our Vendors, Sponsors And Supporters MCBA Paralegal Division Past Presidents: Carolyn Marshall, CLA Sybil Taylor Aytch, RP, M.Ed. Garth A. Harris, CLA Clarisse S. Ringwald, RP Tricia A. Kramer, CLA Amy S. Davis, CLAS, RP, ACP Monica Rapps, CP Kathryn Bunch Advanced Benefit Concepts Arizona Capital Times Arizona Rainbow Turquoise Andrea Bartles Therese A. Cannon, Esq. Coney Island Grill Cookie Lee Jewelry Crave Sandwich Café Delux Melissa DeMarie Document Technologies Driver and Nix Duck & Decanter Durant s E-Litigation Solutions Edible Arrangements Esquire Solutions Everest College Phoenix - Phoenix Campus Everest College Phoenix - Mesa Campus FBR Open Tournament Fennemore Craig, PC Jonathan Frutkin, Esq. Goldberg & Osborne Gust Rosenfeld PLC James Goodnow, Esq. Scott A. Hauert, Esq. Elysa Hernandez Susan J. Howery, M.A. IKON Jayne s Marketplace Juniper House in Catlin Court Karsh s Bakery Kincaid s Marc Lamber, Esq. Meredith L. Larabee Robert J. LeClair, Esq. Lee Davis and Associates Los Olivos Car Wash Majerle s Sports Grill Massage Envy Mi Amigos at the Arizona Center The Morton Group Perfect Focus Eyecare Sara Neily Paradise Bakery Pasta Bar Guillermo Perez Phoenix Art Museum Premier Designs Jewelry Ohana Salon and Spa Quarles & Brady LLP Robert Half Legal Rowdy Boutique Sala Thai Restaurant Sam s Café Scott s Generations Scottsdale Museum of Contemporary Art Skin Care By Laura Snell & Wilmer, LLP Starbucks Coffee Company at Arizona Center Stoudemire s Sybil Taylor Aytch, RP, M.Ed. Teris Tom s Restaurant & Tavern TransPerfect Legal Solutions Turf Restaurant & Pub Vincent on Camelback West Court Reporting Service White House Black Market Joshua Woodard, Esq. Xact Data Discovery Zen 32
5 MARICOPA LAWYER NOVEMBER OPINION Misconceptions of Foreclosure and Bankruptcy: Some Common Issues By Mark A. Winsor As I pondered what I could contribute this month, I was impressed with the fact that most attorneys who read Maricopa Lawyer do not practice bankruptcy law, and therefore, are not interested in detailed explanations on any specific issue, but instead might appreciate an overview of some of the more common issues. I hope you find some of these insights interesting. Tenant Protection Act I occasionally get phone calls from tenants who have discovered that the house they are renting is going to foreclosure. They ask if they have to continue paying rent. Most of the attorneys I talk to who practice in this area believe the answer is yes. It doesn t seem fair, at first blush, that the landlord isn t making the mortgage payment, but the tenant can still be evicted for not paying rent. I understand, however, that most judges are still enforcing the lease and enforcing the eviction without requiring the landlord to get current with the mortgage payments. I welcome insight from any attorney with different opinions, but as I considered this appearance of injustice, the light of fairness began to shine for me. The landlord can, and sometimes does, avoid the foreclosure by curing the default or working with the lender on a forbearance or loan modification. The tenant is living on the property and should pay for that benefit. Furthermore, the Protecting Tenants at Foreclosure Act passed by the federal government this year does give the tenant some protection if the landlord has a federallyrelated loan. If the property does foreclose, the successor in interest shall assume such interest subject to the rights of any bona fide tenant, as of the date of such notice of foreclosure under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease. If the lease is still in effect when the property is sold to a successor in interest who will occupy the property as a primary residence, then the lease can be terminated with a 90 day notice. Community Property Protection in Bankruptcy Many times a married couple will ask me if they both have to file bankruptcy or if only one of them can file. Although it is not always a simple analysis or decision, as a result of Arizona s community property laws, bankruptcy does protect both spouses even if the bankruptcy is filed in only one of the spouse s names. Filing the bankruptcy in either of the spouse s names stops all creditors from pursuing any action against either of the spouses. There are limitations; for example, if the non-filing spouse has separate property debt. Furthermore, the protection only lasts as long as the community exists. In other words, if they divorce or the filing spouse dies, then the non-filing spouse would no longer be protected. It is interesting, however, that this community property protection even stops a creditor whose claim stems from a contractual obligation of the non-filing spouse. Fraudulent Transfer It doesn t help for a debtor to try and protect an asset by giving it away before filing bankruptcy. The trustee can retrieve the asset or the value of the asset from the transferee. This makes sense to me, so I am always amazed when a client designs a fraudulent transfer strategy. They usually try to justify it or create an elaborate plan to make it look legitimate. When the dust settles, however, if an asset leaves the debtor s estate without equal value coming in then it is likely a fraudulent transfer. Therefore, selling an asset to a family member for pennies on the dollar with a plan to buy it back later is a fraudulent transfer. Even forgiving a debt owed to the debtor before bankruptcy could be a fraudulent transfer. Not only can a trustee pursue the transferee of a fraudulent transfer, it could be grounds to dismiss the bankruptcy. Last Minute Loans Some debtors think they can protect a free and clear asset, such as a car, by borrowing money from a friend or family member See Misconceptions of Foreclosure and Bankruptcy page 11
6 6 NOVEMBER 2009 MARICOPA LAWYER What Not to Comma When I ask legal writers how they learned comma placement rules, the most popular answer is this: Place a comma wherever you take a breath in reading the sentence. Given this, it is no surprise that I see wild inconsistency in comma usage in many legal documents from all levels of legal writers. While surfing the television channels late one night, I lucked upon a potential way to get writers to pay attention to comma placement. Specifically, I turned on the show What Not to Wear. This show features stylists ambushing an unsuspecting person and showing her what clothes looks good on her body by first subjecting her to the harsh reflections of the three-way mirror. The stylists then produce a list of items she can no longer wear, thus forcing her to make better wardrobe choices. I thought to try this technique on legal writers. Thus, I now teach What Not to Comma. 1. Do not use a comma to separate a subject from its verb (or an actor from his action). Bad choice: The witness and the expert whom both experts retained, collaborated on the report. 2. Do not use a comma to separate two verbs (actions) that share the same subject (actor). Bad choice: She contacted the company s representatives, and reported the violations to the state agency. [The verbs contacted and reported share the subject she. ] 3. Do not use a comma to set off a quotation if that quotation is a necessary part of the sentence. Bad choice: The witness claimed that, the light was yellow at the time of accident. [The sentence would be incomplete if it just read The witness claimed that. 4. Do not use a comma to join two independent clauses (clauses with an actor and an action) if you have not used a conjunction (and, but, for, nor, yet). This is called a comma splice. Bad choice: The company held its annual meeting during the last week in October, it hoped to vote on the merger package then. 5. Do not use commas to join two independent clauses with the word however, because however is not a conjunction. Bad choice: The court denied the plaintiff s motion, however, it did not rule on the defense motion. COLLECT THOSE JUDGMENTS! Get them out of your files and generate revenue Let an AV Rated Attorney with 24 years of experience handle them for you MICHAEL J. FULLER, ESQ North Third Street, Suite 200, Phoenix, Arizona Contingency Fee Splitting available in compliance with Ethical Rule 1.5(e) By Joan Dalton Arizona Institutes Rule Allowing Admission on Motion Beginning Jan. 1, 2010, Arizona will allow candidates possessing all of the following criteria to be admitted to practice law in Arizona. Applicant shall have been admitted by bar examination to practice law in another jurisdiction that allows Arizona lawyers admission by motion on a basis equivalent with Arizona s rule. Applicant must not have failed the Arizona Bar Exam within five years of filing an application for admission by motion. Applicant shall hold a juris doctor degree from an ABA-approved law school. Applicant shall have been primarily engaged in the active practice of law in one or more states in five of the last seven years preceding the date upon which the application is filed; however, the active practice of law does not include work that constitutes the unauthorized practice of law. Applicant must submit evidence of a passing score on the Multistate Professional Responsibility Examination. Applicant must submit evidence of his/her good standing in all jurisdictions where admitted. Applicant must establish that he/she is currently not subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction. Applicant must establish that he/she possesses the character and fitness to practice law in this jurisdiction. Applicant must submit evidence of successful completion of a course on Arizona law that is approved by the Arizona Supreme Court. Applications for Admission on Motion will be available online on Jan. 4, Status Update on Federal CM/ECF Filing After eight years of rolling out the federal judicial branch s Case Management/Electronic Case Filing (CM/ECF) system, most federal courts now participate in the electronic case filing system. The national rollout of the CM/ECF system for bankruptcy courts started in early 2001, with district court implementation beginning in May 2002 and federal appellate court implementation beginning in Now more than 35 million cases are on CM/ECF systems. Electronic access to court documents is available through the Public Access to Court Electronic Records (PACER) program. The general cost for accessing PACER is $.08 per page, with a maximum cost per document of $2.40. While neither the free copy nor the maximum cost per document applies to court transcripts filed electronically, copies of court opinions are available for no charge. Additionally, the first copy of documents filed electronically in a case is free to case litigants. All of Arizona s federal courts allow for electronically filed documents. Federal Judiciary Calls for an Expanded Judicial Workforce Judge George Z. Singal, a district judge for the District of Maine and chair of the Judicial Conference Committee on Judicial Resources, told the Senate Judiciary Subcommittee on Administrative Oversight and the Courts that the judicial workforce must be expanded [t]o enable the Judiciary to continue serving litigants efficiently and effectively. Judge Singal was testifying before the subcommittee in support of S. 1653, the Federal Judgeship Act of Singal told the subcommittee that in the time that the last comprehensive judgeship bill was enacted 19 years ago, federal filings in the courts of appeals grew by 38 percent, while case filings in district courts rose 31 percent. Rosepink & Estes, P.L.L.C. Robert J. Rosepink David J. Estes Michele L. Goens Continuing a 20-Year Tradition of Serving Clients On Estate Planning, Probate, and Trust Matters And Estate and Trust Litigation Conveniently located in Scottsdale/Paradise Valley 7373 North Scottsdale Road, Suite E200 Scottsdale, Arizona 85253
7 MARICOPA LAWYER NOVEMBER Board of Directors Election Candidates for Voting begins Nov. 2 Eleven valley attorneys are running for five available seats on the MCBA Board of Directors. Each position consists of a two-year term, during which members attend monthly Board meetings; liaise with one or more MCBA sections, divisions or committees; and support the work of the bar. Electronic voting begins the week of Nov. 2 and ends Nov. 30. There will be no paper ballots distributed. Members will vote by logging in at the Evote website and following the directions. Members with a valid address on file will receive log-in and password information by . Members who have no address on file will receive a letter containing the election log-in and password information. Members who have an invalid address on file, or whose bounces back for other reasons, will need to contact the MCBA office in order to receive this information and vote. Please call Isolde Davidson at (602) or her at before Nov. 18. Candidates photos and bios and electronic voting information will also be posted on the MCBA website at Roberta E. Berger Wells Fargo Bank, NA As senior counsel, supports Wells Fargo Bank s Investment Management and Trust Department. Previously in private practice, Steptoe & Johnson, Snell & Wilmer; inhouse counsel, Bank One, NA Former chair, current board member, MCBA EPPTS. Former MCBA Board member. Lectures on estate planning. J.D. Seton Hall University School of Law, B.S. University of Pennsylvania. Christopher Charles Combs Law Group Practice focused in real estate law, dedicated to serving our community and local bar. Volunteers with Salvation Army Advisory Board, CLS, and Big House, Inc., a nonprofit that feeds indigent families; asked to mentor newly licensed attorneys for State Bar. Endorsed: Richard Coffinger, Christopher Combs, Mark Lassiter, Peter Spaw, Wallace Larson, Joshua Snell, Scott Malm. William A. Kastin Snell & Wilmer LLP, Phoenix Bill is a current member of the MCBA Board of Directors, is the founding chair of the MCBA Real Estate Law Section, and serves the MCBA in many other capacities, including as board liaison to the MCBA Corporate Counsel Division. Bill is a partner with Snell & Wilmer, where he advises clients on problem solving and tax planning on a wide variety of issues. John Burnside Bryan Cave, LLP ASU, J.D John is chair of the MCBA Environmental & Natural Resources Law Section and has served on the section s board since His non-profit board experience includes the Volunteer Center of Maricopa County and the Desert Botanical Garden. John also provides pro bono service through the MCBA/CLS Volunteer Lawyers Program. Paul Buser Attorney at Law Executive Council, State Bar of Arizona Business Law Section, six years; Executive Council, ABA Family Law Section, nine years. MCBA is a well run association providing much needed, important support to our bar members. I would like to further the MCBA s excellence with my own dedication. My full resume appears on my website at Jason Castle Mariscal, Weeks, McIntyre, and Friedlander, PA Associate, practice focused on family law, some criminal defense. Previously assistant city prosecutor, City of Phoenix; adjunct professor, Phoenix Community College. J.D. Case Western Reserve University; M.A. social work, University of Cincinnati. Chair, MCBA Family Law Section; member, State Bar of Arizona Family and Criminal Law sections, and Association of Family and Conciliation Courts. Holly Davies Lorber, Greenfield & Polito, LLP A partner in her firm, Davies practice focuses on construction defects, construction contract disputes, and bodily injury litigation for developers and general contractors. Magna cum laude and cum laude, respectively, University of Notre Dame and University of Arizona College of Law. Memberships: ABA, Arizona Association of Defense Counsel Board of Directors, National Home Builders Association. David E. Funkhouser III Quarles & Brady LLP, Phoenix Practices general commercial litigation, with an emphasis on real estate disputes. Currently serving a second term on the MCBA Board of Directors. Active with the Volunteer Lawyers Program and Wills for Heroes Program. Home room parent, Capitol School. Member, State Bar of Arizona Mentor Committee. J.D., University of Iowa, Cathy L. Knapp Quarles & Brady, LLP Cathy has practiced in estate planning and probate and trust administration for over 16 years. She has represented individuals and families in structuring trusts, limited liability companies, and other entities to maximize the transfer of property to the next generation and represented fiduciaries and beneficiaries in probate and trust matters. Alex Lane Lane & Associates, PLC If elected, I will focus on providing more CLE options, at lower prices and at more locations throughout the valley. I am an Arizona native and have degrees from NAU (B.A.), ASU (MBA) and UA (J.D.). I practice criminal defense and family law here in Phoenix. Benjamin E. Vatz Maricopa County Superior Court Commissioner since 2001 (criminal, civil, probate and currently, mental health). Over 20 years as private practitioner in plaintiff s personal injury, civil litigation and juvenile law. Secretary, Arizona Judges Association (first commissioner ever elected as officer); past chair, juvenile practice committee; past president, 1100 family synagogue (Temple Chai); J.D., University of Toledo College of Law.
8 8 NOVEMBER 2009 If Discovering Fraudulant Activity Has You Stumped, Call KLK s Experienced Certified Fraud Examiners. Keegan, Linscott & Kenon, PC has Certified Fraud Examiners ("CFE") on staff who are members of the Association of Certified Fraud Examiners, the world's premier provider of anti-fraud training and education. We can help your client prevent, deter, detect and investigate fraud and illegal acts. Detecting accounting irregularities and financial fraud can leave you frustrated if you don t know what you re looking for. Our forensic accounting and investigation professionals can uncover the deceit and reveal the truth. We apply our accounting and financial fraud detection expertise and experience to investigate allegations of accounting discrepancies and financial fraud. We provide expert witness testimony and assist with legal prosecutions. Celebrating our fifteenth year, Keegan, Linscott & Kenon, PC has been serving businesses and individuals in Tucson and the southwestern US with innovation and insight. Call to schedule a meeting. 33 N Stone Avenue Suite 1100 Tucson, Arizona (520) klkcpa.com Maricopa Lawyer Editorial Board 5:15 p.m. Construction Law Section 12 p.m. Estate Planning, Probate & Trust Section 7:30 p.m. Paralegal CLA Review Class 8:30 a.m. YLD Board 12 p.m. Paralegal Division 5:30 p.m. Public Lawyers Division 12 p.m. CLE: Construction Law: Recent Decisions Involving the Economic Loss Rule and Design Professionals 4:30 p.m. The Mercado (ASU Downtown) VETERANS DAY MCBA Office closed I Know What You Did Last Weekend : The Risks and Benefits of Employee Monitoring 12 p.m. CLE: Year End Tax Planning for Lawyers and Their Clients 7:30 a.m. NOVEMBER MARICOPA LAWYER Office hours: 8:30 a.m.-5 p.m., Monday through Friday. VLP Board of Directors 12 p.m. Criminal Law Section 5 p.m. Reception, Heritage Square Case, Huff & Associates Pro Bono Golf Tournament 6:30 a.m. The Legacy Golf Resort Paralegal CLE Review Class 8:30 a.m. Lawyer Referral Committee 12 p.m. CLE: What You Need to Know About Arizona s Public Records 8 a.m. Employment Law Section 12 p.m. MCBA Board of Directors 4 p.m. MCB Foundation Board of Trustees 7:30 a.m. Paralegal CLA Review Class 8:30 a.m. MCBA Office Closes 12 p.m. Thanksgiving Day Office closed Thanksgiving Day Holiday Office closed *Please watch your MCBA E-News for updated information about meetings and events.
9 MARICOPA LAWYER NOVEMBER Hall of Fame Inductees Accept Awards These are the plaques that will be displayed in the MCBA s office until they find a permanent home in the Old Courthouse turned Justice Museum in downtown Phoenix. Inductee Rodney Lewis (right) is shown with his brother, John Lewis. Hall of Fame Inductees Honored continued from page 1 Plaques honoring all inductees will initially be displayed in the MCBA office building at 303 E. Palm Lane. It is anticipated they will find a permanent home in the Maricopa County Justice Museum and Learning Center, which is on the drawing board to be housed at the Historic Old Maricopa County Courthouse in downtown Phoenix. Biographies and photographs of the 2009 Hall of Fame inductees may be viewed on the MCBA website at Michael L. Gallagher makes remarks after accepting his Hall of Fame award. Paul F. Eckstein, with Kevin Quigley, accepts his plaque. Kevin Quigley congratulates Ted F. Warner, 2009 inductee MARICOPA COUNTY BAR HALL OF FAME INDUCTEES PIONEERS Rafael (Ralph) Carlos Estrada* Herbert B. Finn* Leon S. Jacobs* Amelia Dietrich Lewis* Francis (Frank) J. Ryley* Hon. Richard E. Sloan* 2009 inductee Mark I. Harrison. Inductee Frank A. Parks with Kevin Quigley. Inductee Hon. Jean Williams is assisted from the podium by her grandson, Lawrence Robinson. MODERN ERA Hon. Rebecca Albrecht Roxana C. Bacon Paul F. Eckstein Michael L. Gallagher Mark I. Harrison Orme Lewis* Rodney B. Lewis Hon. Ruth V. McGregor Frank A. Parks Willard H. Pedrick* Elias M. Romley* Charles T. Stevens* Harvey E. Streich* Ted F. Warner Hon. Jean Williams *Deceased
10 10 NOVEMBER 2009 MARICOPA LAWYER VLP ATTORNEY OF THE MONTH Employer Support, Balance and Teamwork Engages Kevin J. Parker By Peggi Cornelius In his 20th year of participation in the Volunteer Lawyers Program (VLP), attorney Kevin J. Parker is as committed to pro bono work as he was the first Kevin J. Parker year. In recognition of his outstanding and ongoing contributions to ensuring access to justice for low-income clients, the VLP has named him Attorney of the Month. In all the years of service, Parker has received other recognition, including the recent distinction of being named one of the top 50 pro bono attorneys in Arizona by the State Bar Foundation for Legal Services and Education in Humbled and appreciative, Parker doesn t view the honors as personal achievement. On the contrary, he attributes his ability to engage in community service throughout his career as the happy consequence of employer support, balance and teamwork. Snell & Wilmer has a pro bono policy, and a structured program for intake of pro bono matters, so it s a shared commitment that encourages and supports participation, Parker said. I see Community Legal Services and the Volunteer Lawyers Program as providing the building blocks for the firm s pro bono program, by offering training and mentoring programs. The enthusiasm and effectiveness of VLP Director Pat Gerrich always inspires me to try to do more. When it comes to balance, Parker notes that even though volunteer work is its own reward, the challenge is in striking a balance with family time and his law practice. Regardless of what I m able to do to assist VLP clients, time is limited and I sometimes feel, as I imagine others do, that I fall short of what I d like to do. In answer to the dilemma of time constraints, Parker has found teamwork to be the solution. As things evolved, I began to focus my efforts on putting together a team of people to handle guardianships of incapacitated adults, Parker said. I continue to personally handle these matters, but I also coordinate the placement of many such cases with other volunteer attorneys at Snell & Wilmer, and help to mentor those who are learning the process, both at Snell & Wilmer and outside the firm. Parker comments on the seemingly endless need for legal advice or assistance to lowincome people with civil law concerns. He enjoys the response of newly recruited volunteers who turn to him when their first case is completed and say I d like to do it again. Knowing a group effort addresses more of the need, his motivation and gratification are multiplied by facilitating referral of VLP cases within the firm. The Snell & Wilmer team that provides pro bono representation in adult guardianship matters includes the following attorneys: Stefanie A. Layton Melissa Sallee Ruth Khalsa Brett W. Johnson Jeffrey A. Scudder Eric Kintner Brian J. Burt Bianca A. Stoll Jefferson R. Hayden Andrew C. Stone Matthew K. Donovan Kelly W. MacHenry Colleen E. Schiman Prescott B. Pohl Charles R. Alm If you would like more information about pro bono opportunities at VLP, contact director Patricia Gerrich at (602) , ext COURT APPOINTED RECEIVER Jeffrey D. Carr CPA CFP BUSINESS and/or REAL ESTATE Curriculum Vitae at Sunstarrealtyllc.com Volunteer Lawyers Program Thanks Attorneys The Volunteer Lawyers Program thanks the following attorneys and firms for accepting 31 cases during the past month. VLP supports pro bono service of attorneys by screening for financial need and legal merit and provides primary malpractice coverage, donated services from support professionals, training, materials, mentors, and consultants. Each attorney receives a certificate from MCBA for a CLE discount. For information about cases and other ways to help, please contact Pat Gerrich at VLP at (602) or ADOPTION Adam Reid Stephenson Booth Udall BANKRUPTCY Brian M. Blum Dennis Riccio Shawn Stone The Stone Law Firm Robert Ray Teague (three cases) Phillips & Associates Lydia Reed Tulin CONSUMER ISSUES Kenneth L. Abrams Laura Glass-Hess Thomas Moring Pak & Moring Dennis Riccio This article is one of a series provided by agencies that received a 2009 grant from the Maricopa County Bar Foundation. By Beth Haugen The implementation of Teen Court throughout limited jurisdiction courts, high schools, middle schools, churches, fire houses, Valley of the Sun YMCAs and other locations who are generous enough to allow their facilities to be used for Teen Court sessions, has built strong community relationships by educating volunteers and also fostering the use of focused team work. Juvenile offenders with the permission of their parents are encouraged to participate in Teen Court as a way for diversion. However, it is mandatory that the offender first admits guilt for the offence. The volunteers who participate within the jury are trained not to determine guilt but to only assign appropriate consequences based upon the police report, and testimony given by the juvenile offender or victim. The judgments are not used as a way to FAMILY LAW/PROTECTION FROM DOMESTIC VIOLENCE Bruce D. Brown Dorian L. Eden Tiffany & Bosco Rodger A. Golston Golston & Keister Michael J. Shew GUARDIANSHIPS OF INCAPACITATED ADULTS Charlie Alm Snell & Wilmer Marsha Goodman Carolyn Harvey GUARDIANSHIP OF MINOR CHILDREN Joseph M. Boyle (two cases) James D. Burgess Fennemore Craig Clarence E. Matherson, Jr. (two cases) Tempe City Attorney s Office Cathleen T. Yu Quarles & Brady HOME OWNERSHIP ISSUES Civil Justice Clinic at Sandra Day O Connor College of Law Arizona State University Clint Goodman Jackson White Zachary LaPrade Warner Angle Hallam Jackson & Formanek TAX CONSULTATION Charlene Cruz TENANTS RIGHTS Victoria E. Tandy Quarles & Brady OTHER CONSULTATION Harlan J. Crossman Crossman Law Offices VLP SPOTLIGHT ON GREATEST PRO BONO NEED THIS MONTH Attorneys for Chapter 7 bankruptcy to stop garnishments for lowincome working families. MCBF Grant Helps YMCA Teen Court Build Strong Community Relationships punish individuals but are used to correct the harm caused to the victim, restore the damage created within the community and greatly instill within the offender s mind that they are to be held accountable; this system is called Restorative Justice. The YMCA s position is to support the limited jurisdiction Teen Court sessions. This support significantly includes introducing and training new participants, providing orientation as a refresher for repeat volunteers. The YMCA gathers and retains the support of all parties involved by offering incentives, such as free months of membership, once an offender has completed his or her consequences; volunteers are granted community service hours and gain firsthand experience in the court process by their being involved in Teen Court. The YMCA provides great support to LJC administrators in the areas of training, program registration, attendance and program appraisal. Two short term goals held by Teen Court are to continue to expand to cover areas within See MCBF Grant Helps YMCA Teen Court page 14
11 MARICOPA LAWYER NOVEMBER The Maricopa Lawyer invites members to send news of moves, promotions, honors and special events to post in this space. Photos welcome. Send your news via to Moves and New Hires Attorney Vishnu R. Jonnalagadda has joined the Scottsdale AV rated law firm of Nussbaum & Gillis, PC, as an associate. Jonnalagadda s practice falls within the bankruptcy and commercial litigation practice groups at Nussbaum & Gillis, where he ll assist businesses and their owners in distressed transactions. Gallagher & Kennedy, PA, announced the addition of Deb Gullett and Susie Stevens to its Governmental Affairs practice. Gullett will be joining Gallagher & Kennedy as a senior governmental affairs specialist and Stevens as a shareholder. Gallagher & Kennedy, PA, also announced the addition of Mark O Connor to the firm s Personal Injury practice. O Connor joined the firm as a shareholder on Sept. Mark O Connor 21 and represents both plaintiffs and defendants in personal injury litigation matters. The national law firm of Quarles & Brady is pleased to announce that Roger K. Ferland has been elected chairman of the board of Audubon Arizona. He will Roger K. Ferland continue as co-chair of the Science and Policy Committee. Ferland is chair of Quarles & Brady s Clean Energy, Climate Change & Sustainability practice and has practiced in the areas of environmental and natural resources law in both the public and private sector since Audubon Arizona is one of Arizona s major conservation organizations whose purpose is to further the protection of birds, other wildlife and their habitats through science, education, advocacy and conservation, for the benefit of humanity and the earth s biological diversity. The Fadell, Cheney and Burt Law Firm has hired attorney Jeffrey L. McLerran. Stephen T. Portell joined the Tucson-based office of Haralson, Miller, Pitt, Feldman & McAnally, PLC, on June 1, practicing in automotive and heavy equipment Stephen T. Portell product liability litigation, drug/medical device litigation, insurance coverage litigation, class action litigation and business litigation. Phoenix-based Zwillinger & Greek PC, a full service business law firm, today announced Felecia A. Rotellini, former superintendent of the Arizona Department of Financial Jeffrey L. McLerran Felecia A. Rotellini Institutions, as of counsel. Rotellini brings her extensive background in litigation, financial services, regulatory compliance, administrative law and public policy to Zwillinger & Greek. Phoenix Municipal Court Judge Louis Frank Dominguez serves as the 2009/2010 board chair for Valley Leadership. The organization strives to enhance Louis Frank Dominguez the abilities of leaders so they can better serve and strengthen their communities. James B. Galbraith has recently joined the firm of Owens & Perkins in Scottsdale. Galbraith s practice concentrates on civil and commercial litigation, including personal injury, contracts, real estate and class action suits. Jean-Jacques Cabou Shelley Detwiller DiGiacomo The Phoenix law firm of Osborn Maledon, PA, has announced three new partners and one new associate in the firm, effective Nov. 1. The new partners are Jean- Jacques Cabou, Shelley Detwiller DiGiacomo and Sara S. Greene. The new associate is Brandon Hale. Cabou focuses on criminal defense law, particularly cases involving asset forfeiture, racketeering, money laundering and other financial crimes. DiGiacomo represents clients in Sara S. Greene a variety of business transactions and corporate governance matters. Greene is a litigator who specializes in employment law and professional liability, licensure, ethics and counseling. Honors, Awards and Certifications Michelle J. Perkins was honored on Aug. 13 by the Scottsdale Bar Association with their Award of Excellence for her continued contributions to both the legal profession and the Scottsdale community. Perkins is the managing partner of Owens & Perkins, a Scottsdale law firm that provides family law, criminal (including DUI), business law, civil litigation, estate planning and probate services to the valley. Openings Announcing the opening of Jenkins Law Firm at 695 W. Baseline Road, Phoenix. Providing quality representation in the following areas: personal & business bankruptcy, small business law, landlord/ tenant, personal injury, creditors rights, and probate/trust litigation. Visit Misconceptions of Foreclosure and Bankruptcy continued from page 5 and by using the car as collateral for the loan with a security agreement. This is also problematic. Loans that are not purchase money loans can be undone in bankruptcy, leaving the asset and the loan unsecured. The result is that the trustee steps in the shoes of the secured lender and gets paid the amount of the loan before any exemption may apply. For example, a debtor generally gets a $5,000 exemption in a car. If the car is worth $10,000, then the trustee would sell the car and give the debtor $5,000. If the debtor tried to protect the car with a $10,000 secured loan from a family member, then the trustee might be able to sell the car and take the $10,000, leaving the family member as an unsecured creditor and the debtor would not get anything. If the loan was only $5,000, it is still problematic for the debtor and family member. The trustee may still be able to sell the car, and even if the car is theoretically worth $10,000, it may sell for less money, especially after paying the costs to sell it. The trustee and sales costs get paid first, thus leaving the debtor with less than the $5,000 exemption. Incomplete Disclosure No matter how much we emphasize it, some debtors feel they can beat the system by simply failing to disclose assets or transactions. Often I am asked, How will the trustee know? My answer is always, Because you will include it in your schedules. It is not a matter of how the trustee will know. It is a matter of integrity. If that is not enough for a debtor, then hopefully the potential criminal charges of bankruptcy fraud, which could result in up to five years in prison, $500,000 in non-dischargeable fines, and having their bankruptcy dismissed, will deter dishonesty. Especially with the heightened scrutiny given to every single bankruptcy filed by the Office of the US Trustee in an effort to thwart asset concealment. Sadly, even that is not always enough.
12 12 NOVEMBER 2009 MARICOPA LAWYER Many Families Giving Thanks for Adopted Children INSIDE THE COURTS More than 200 families in Maricopa County will be setting an extra place at the dinner table this Thanksgiving. On Nov. 21, the Saturday before Thanksgiving, a record-setting 292 kids will be joining their forever families on National Adoption Day. The 292 children scheduled to have their adoption decrees finalized marks a 42 percent increase from last year s event. In 2008, Maricopa County s National Adoption Day event ranked number one in the United States with 205 adoptions. It s gratifying to see how this event continues to grow each year, Presiding Juvenile Judge Norman J. Davis said. Our community is fortunate to have so many families who open their hearts and homes to children who need them. The event helps raise public awareness about the plight of children without families. Some of the children, who range in age from newborns to teenagers, are victims of abandonment, neglect and abuse. Most of the adopted children come from difficult circumstances, and National Adoption Day gives us all a chance to witness the joy in their faces and reflect on how these adoptions can provide them a new start in a safe and secure home, Judge Davis said. The festive atmosphere of the event is heightened by a visit from the Phoenix Suns Gorilla mascot; face painting; games for kids; photos of the newly created families; and cake and ice cream. More than 34 judicial officers have volunteered their Saturday to preside over the hearings, which will take place from 9 a.m. to 2 p.m. at the Durango Juvenile Court Center, 3131 W. Durango, in Phoenix. The public is encouraged to attend. This year marks the 10th anniversary of National Adoption Day, a national day of celebration of adoptive families and an opportunity for courts to open their doors and finalize the adoptions of children from foster care. Since 2000, more than 25,000 children have had their adoptions finalized on National Adoption Day. Judge Set to Hear Family Court Cases On Nov. 2, Superior Court Judge Pam Gates will begin her family court calendar in the Old Courthouse. Judge Gates will take over Judge Pam Gates Susanna Pineda s calendar. Judge Pineda will begin training for her new criminal calendar. Before her appointment to the bench, New Judge Sworn In Judge Gates was a partner with the law firm Bryan Cave, where she has worked since She worked for the law firm O Connor Cavanagh from 1996 to Judge Gates graduated from the University of Iowa College of Law in 1996 with distinction, and received her undergraduate degree from Drake University in Iowa in She is active in many community organizations, including service on the board of UMOM New Day Centers, Arizona s largest homeless shelter for families. Presiding Judge Barbara Rodriguez Mundell delivers the oath of office to Superior Court Judge James Beene during his investiture ceremony on Oct. 16 in the Board of Supervisors Auditorium in Phoenix. Northeast Presiding Judge Named Judge Robert Budoff will become the Northeast presiding judge on Jan. 1, Former Northeast presiding judge Eddward Ballinger will swap calendars with Judge Cathy Holt. Judge Ballinger will move to Durango and take a juvenile calendar, and Judge Holt will move to Northeast and take a civil calendar. The moves will take place over the holidays. The Honorable W.D. Anderson, Ret. is pleased to announce he will continue to offer Conflict Resolution Services, now in a private setting. He is available for mediation, arbitration, settlement conferences and appointments as Special Master in Family Law,Probate and Civil matters. www. hallierlaw.com Phone: N. Third St., Suite 300, Phoenix, AZ Tweet Just In The MCBA has entered a new, online frontier by establishing pages on Facebook, MySpace and Twitter. Add us to get the latest news and updates on everything MCBA, from CLE and networking events, and even MCBA re-construction. Facebook Phoenix-AZ/Maricopa-County-Bar- Association/ MySpace Twitter
13 MARICOPA LAWYER NOVEMBER To register, use the registration form on this page, go to or call Jennifer Deckert at (602) Unless otherwise specified, all CLE programs will be held at the MCBA office: 2001 N. 3rd Street, Suite 204, Phoenix, AZ TUESDAY NOVEMBER 10, :30-5:30 PM Construction Law: Recent Decisions Involving the Economic Loss Rule and Design Professionals 1 credit hour Decisions in early 2009 have impacted the application of the Economic Loss Rule in construction cases and with respect to claims against design professionals in such cases as Valley Forge v. Sam s Plumbing, Flagstaff Affordable Housing v. Design Alliance, and Hughes Custom Building v. James Davey & Associates. Please join us for a panel discussion comprising counsel from these cases, as well as presentations on the development of the rule and its application in Arizona. PRESENTERS: Louis Horowitz, Lorber Greenfield & Polito, LLP Jason Mullis, Bremer Whyte Brown & O Meara PANELISTS: Natalia Garrett, Polsinelli Shughart P.C. Chad Hester, Tiffany & Bosco P.A. Pamela Kingsley, Tiffany & Bosco P.A. Rina Rai, Rai & Barone P.C. Denise Wachholz, Renaud Cook Drury Mesaros P.A. SPONSORED BY: Construction Law Section LOCATION: ASU Downtown (The Mercado) 502 E. Monroe St. Phoenix, AZ COST: Construction Law Section member $30.00 MCBA member $40.00 Non-member $55.00 Law Student member None LOCATION: THURSDAY NOVEMBER 12, :30-9:30 AM (Breakfast included) Year End Tax Planning for Lawyers and Their Clients 2 credit hours This is a basic discussion of key tax issues, including: ROTH IRA conversions Income tax consequences of forgiveness of indebtedness Tax free charitable rollovers Strategies for next year s higher federal tax rates Congressional movement on federal estate taxes Arizona income tax credits including working poor, tuition and veterans Alternative minimum tax Fiscal versus calendar for fiduciary returns Tax benefits of permanent life insurance Tax planning for investors PRESENTERS: Ira S. Feldman, CPA, CVA, CEP Sandra A. Abalos, CPA, MA SPONSORED BY: Estate Planning, Probate & Trust Section COST: Trusts & Estates Section member $65.00 MCBA Member $75.00 Non-member $ Law Student member $5.00 LOCATION: THURSDAY NOVEMBER 12, PM (Lunch included) I Know What You Did Last Weekend : The Risks and Benefits of Employee Monitoring 1 credit hour This basic program will cover how and why employers may monitor employees activities, in and out of the office; the laws that may apply to such activities; the practical consequences of such monitoring; and best practices for implementing employee monitoring. PRESENTER Laura Lawless Robertson, Associate, Labor and Employment Group, Greenberg Traurig, LLP SPONSORED BY: Employment Law Section COST: Employment Law Section member $40.00 MCBA member $45.00 Non-member $65.00 Law Student member $10.00 LOCATION: TUESDAY NOVEMBER 17, AM (Breakfast included) What You Need to Know About Arizona s Public Records Law 3 credit hours This public records Law training will include: The role of the Arizona Ombudsman Citizens Aide, Arizona s public policy Basics of retention and destruction of public records Issues related to and social networking utilities The responsibilities and obligations of public bodies and public officers Rights of the public The ten most common pitfalls Recent case developments Recent statutory amendments PRESENTER: Elizabeth S. Hill, Assistant Ombudsman for Public Access, Office of the Arizona Ombudsman Citizens Aide SPONSORED BY: Public Lawyers Division COST: Public Lawyers Division member $95.00 MCBA member $ Non-member $ Law Student member $5.00 GENERAL INFORMATION ADVANCE REGISTRATION: Full payment must be received in advance of the program before you are considered registered. LATE REGISTRATION: All registrations not paid in full and in advance by the day of the program will be assessed a $15 fee. You may register at the door if space is available; the late fee will apply. If you do not register at least two business days in advance of a program, MCBA cannot guarantee space or availability of materials. CANCELLATIONS: Refunds, less a $10 fee, will be issued only if the CLE department receives your cancellation, in writing, at least two business days prior to the program. NO SHOWS: If you registered and paid, but could not attend, you may request that materials be sent to you, free of charge (allow 3-4 weeks). If audio tapes are available registrations may be converted to a self-study package for an additional $15 charge. SPECIAL ACCOMMODATION: If you have a disability, please call ahead so we can accommodate your needs. Name: AZ Bar ID #: Firm: Address: City/State/Zip: Phone: REGISTRATION YOUR INFORMATION WAYS TO REGISTER MAIL: Send check or credit card information with registration form to: MCBA CLE Registration 2001 N. 3rd Street, Suite 204 Phoenix, AZ ONLINE: FAX: Credit card payment to: Jennifer Deckert, (602) PHONE: Jennifer Deckert, (602) , Ext. 118, with credit card payment MY REGISTRATION FEE TOTAL IS: $ METHOD OF PAYMENT Mail registration by personal check. OR Please charge my credit card: Visa MasterCard Card # Exp.: Billing address: City/State/Zip: Signature: Please mark boxes under CLE programs to indicate which classes you wish to attend. Lazar Recounts Father s Life and Death in Evening s Empire continued from page 3 ZL: I was afraid that even all these years later I might be putting myself in danger by naming the names of those involved. Most of them are not alive, but some are, and some have children who I know will not be pleased, to say the least. In general, I was also afraid of doing a bad job. JD: What is The Arizona Project and how did it aid you in your research for this memoir? ZL: After the murder of Don Bolles, a team of reporters and editors from around the country came to Phoenix for several months to investigate how and why a fellow journalist could have been blown up in his car. They looked into every dark corner of the state of Arizona politics, business, crime and how they connected. My father s murder was part of the story. Indeed, some of the people involved in the Bolles killing were also involved in my father s. Fortunately for my project, the journalists in The Arizona Project archived everything their notes, their tape recorded interviews, and important documents relating to my father s case. As a result, I was able to learn a tremendous amount about my father and those who knew and worked with him. JD: After researching your father and writing this memoir, do you feel like you know him any better? ZL: I feel like I know him for the first time. Going into the project, I had no idea what I would find. What I did find made him come alive for me as a person. I can also say, happily, that I very much like the person I found. JD: Has writing this book brought you any closure with regard to your father s murder? ZL: I would say it is the opposite of closure. I have re-opened a relationship with him. JD: Are there any upcoming Evening s Empire readings in the Phoenix area? ZL: Yes. I am signing books at the Poisoned Pen in Scottsdale on Dec. 5 at 4 p.m.
14 14 NOVEMBER 2009 MARICOPA LAWYER Timing Presents a Problem for the Court continued from page 1 What is your ruling? The judge in Canales case granted the motion, and the state appealed. Division Two affirmed. Writing for the court, Judge Garye L. Vásquez held that the deputy did not have the necessary reasonable suspicion to detain Canales. The case turned on timing. Vásquez concluded that the anonymous telephone tip did not justify the deputy s stop of Canales. Anonymous tips are looked at with some suspicion, at least as compared to tips from known and reliable sources. An anonymous tip may provide the necessary cause, Vásquez noted, if it show[s] sufficiently detailed circumstances to indicate that the informant came by his information in a reliable way. What information the tip lacks may be supplied by the officer s observation and investigation. In toto, the information produced must contain a range of details relating not just to easily obtained facts and conditions existing at the time of the tip, but to future actions of third parties ordinarily not easily predicted. Quoting the Supreme Court, Vásquez wrote that an anonymous tip is not a sufficient and independent basis for reasonable suspicion unless it is reliable in its assertion of illegality, not just in its tendency to identify a determinate person. The information provided by the tipster here did not suffice, he concluded. The caller s mere feeling that the car s occupant might be preparing to burglarize other vehicles provided no reliable information to support a reasonable suspicion that the vehicle s occupant was engaging in criminal activity. Vásquez acknowledged that there was more information here. The deputy had observed Canales try to hide the beer can and had smelled alcohol in the car, which could have formed the basis for an investigation into a possible DUI violation. But this is where the timing problem kicks in. Remember that the deputy had used his cruiser to block Canales car, and then had shined his spotlight into the vehicle? This, Vásquez decided, constituted the critical moment, for at this point the deputy had detained Canales. In these circumstances, he concluded, a reasonable person would not have believed that he was then free to leave. The deputy s discovery of information supporting a possibly reasonable suspicion of a DUI violation could not have supported the detention, which had already occurred. Joining Vásquez in affirming the trial court s order dismissing the indictment were Judge Peter J. Eckerstrom along with Judge Ann A. Scott Timmer of Division One. State v. Canales, No. 2 CA-CR (Oct. 13, 2009). State v. Lockwood Under A.R.S , it is a crime to abandon or conceal a dead human body. In a recent opinion, Division Two of the Arizona Court of Appeals held that the statute does not apply to the remains of a stillborn fetus. State v. Lockwood, No. 2 CA-CR (Ariz. App. Sep. 24, 2009). Regina Marie Lockwood was charged with conspiring to conceal or abandon a human body in violation of The statute reads: It is unlawful for a person to knowingly move a dead human body or parts of a human body with the intent to abandon or conceal the dead human body or parts. Police officers had searched the backyard of her and her boyfriend s house after receiving a report that a fetus had been buried there. When the officers found the fetus, Lockwood admitted that her boyfriend had buried it after she had miscarried. In response to Lockwood s motion to dismiss, the state conceded that it had no evidence to prove a live birth. The trial judge nevertheless denied the motion, but he allowed Lockwood time to seek an appellate ruling on the issue. After the court of appeals declined to step in, the judge proceeded with the trial and instructed the jury that the baby in this case was a dead human body. The jury convicted, and Lockwood appealed. Vásquez again wrote the court s opinion. He held that the statute only applies in cases where there has been a live birth. He noted that the legislature does not mean for a fetus to constitute a person in all circumstances. For instance, Division One had held in Vo v. Superior Court, 172 Ariz. 195, 836 P.2d 408 (App. 1992), that the killing of an unborn fetus did not support a charge of first-degree murder. In Vo the court had written that where the legislature intends to protect the unborn, it does so by specific reference to a fetus. Vásquez wrote that even after Vo was published, our legislature has continued to indicate in express statutory language when it intends certain provisions to apply to a fetus. Indeed, the legislature had amended the first-degree murder statute to include unborn fetuses after Vo was issued. It had not amended We recognize fetal remains are indisputably of human origin and not alive, Vásquez wrote. Thus, the use of the terms dead human body and dead human remains could arguably support the intuitive conclusion that the statute encompasses fetuses. But interpreting it that way could lead to untoward and potentially unconstitutional results. [W]e cannot presume the legislature intended to criminalize a woman s failure to report a miscarriage to the authorities in the very early stages of pregnancy Vásquez wrote. Whether the statute should be extended to fetuses, Vásquez concluded, was a question for the legislature, not the courts. Joining his opinion were Eckerstrom and Judge J. William Brammer, Jr. MCBF Grant Helps YMCA Teen Court continued from page 10 the community that would otherwise be overlooked, and to also develop new and more exciting material that would further educate teenagers about the law. Another short term goal is to attempt to correct the delinquent behavior and harm caused by a youth who displays and commits offences against themselves and the community by constructively working towards restorative justice. Once these short term goals have been conducted, a long term goal such as a reduction or elimination in offenders repeating such crimes can be accomplished. This decline in repeat offenders and crimes lessens the amount of cases needing to be heard and resolved through the Maricopa County Juvenile Court Center, the County Attorney s Office and the judges. With the support of the community, Teen Court has continuously served as a valuable alternative to the traditional juvenile court process and setting. Teen Court helps teenage volunteers make their mark in society by giving them direct access into a portion of the justice system that helps regulate crime and discourage further negative behavior in teens, while also giving them a second chance to establish themselves in society. It provides both the volunteers and offenders a present view of the great things their futures hold, and it creates or furthers their aspirations to have careers in the legal profession.
15 MARICOPA LAWYER NOVEMBER CLASSIFIEDS To place a classified ad, please or call (602) POSITIONS: ATTORNEY Mid-sized central Phoenix law firm seeks 3-5 yr attorney with complex commercial litigation experience. Real estate experience helpful. Excellent academic credentials required. Competitive salary and benefits. Carolyn Quinlan, Administrator, Bonnett, Fairbourn, Friedman & Balint, PC. Fax: SERVICES: ACCOUNTING SERVICES Bi-weekly, weekly, monthly, or quarterly. AP, AR, payroll and reporting, reconciliations, and financial reporting. Quickbooks, Peachtree, Timeslips, and more. Please call Nancy Britt for free quote! APPRAISAL SERVICES Business asset appraisals, machinery/equipment appraisals, residential real estate appraisals and litigation support. Call Lucid Valuations & Investments BAXTER ENGINEERING Expert Witness, Mechanical Products and Equipment, Accident Reconstruction. Gene K. Baxter, Ph.D., P.E. (480) CONTRACT PARALEGAL SERVICES Specializing in Chapter 11 bankruptcies, personal injury, civil and commercial litigation. Services offered include drafting pleadings and demand letters; Trial assistance; Summarizations of depositions, transcriptions, and medical records; Obtaining medical records; Legal research; Manual and computerized management of large document cases, including CT Summation-iBlaze; Timeslips billing. 20+ years experience. Call Southwest Legal Assistance, LLC EXPERIENCED juvenile, criminal and family law attorney available for legal research and writing assignments; briefs, motions, memoranda, motions for summary judgment, etc. Rates negotiable, resume available upon request. Contact PROCESS SERVER RapidRPS.com (877) Specializing in Same & Next Day Service of Process. HANDWRITING EXPERT Forensic document examination, handwriting/signature identification, court testimony. Heidi H. Harralson, Board Certified, Court Qualified in Maricopa County. Spectrum Forensic International, LLC, , TECHNICAL TAX ASSISTANCE Need assistance on a referral or per diem basis for those difficult issues involving Estate & Gift/Trust tax planning or returns, Tax Exempt Orgs or CRUTs, Real Estate transactions, Business Valuations, Exit Planning or Sale of a Business, Penalties, IRS or ADOR Appeals. Resume at: Call Ira Feldman CPA, CVA, CEP at or ant improvement allowance. Signage on Camelback. Covered parking. Contact Debbie O Boyle at LEGAL EXECUTIVE OFFICE SPACE AVAILABLE 7TH St/Indian School location. Excellent location with easy access to I17, I10, 51, 202, 101, and Downtown courts. Included: phones, internet, copier, fax, kitchen, storage, multiple conference rooms, admin bays. Benefits: free covered tenant and client parking, 24/7 card access, no building operating costs/cam. Perfect for sole practitioner, or multi-staff. Flexible terms. Please call Tammy Forbis at or NORTH SCOTTSDALE OFFICE SHARING Attorney s office along with conference room and staff space. Phones, digital copier, fax, voice mail, kitchen, and free health facility all available. Share with long established tax and estate planning firm of Bredemann & McFarlane, PLC. Referrals available. Class A building located at 8655 E. Via de Ventura, right off the 101. Contact Richard Bredemann at , extension 102. OFFICE SPACE CHANDLER Located at 101 & 202 freeway. Available immediately. Granite reception. Conference and covered parking. Offices surround courtyard and waterfalls. Ideal law space. Call Chris at (480) or at OFFICE SPACE ON TATUM Fully furnished attorney office and secretarial/paralegal work station available in new class-a office building owned by firm s partners. Located on Tatum Boulevard, north of Shea. Shared use of office equipment, phone system, Internet, conference room, and kitchen. Receptionist included. Highly professional and friendly environment. Contact Donald Loose, , for more information, and view photos at OFFICES/SECRETARY STATIONS Law firm Baumann Doyle Paytas & Bernstein has one office / two secretary stations available located at 44th Street/Thomas. Exceptional opportunity for solo bankruptcy practitioner because of potential referrals. Excellent location with easy access for: 202, airport, East Valley, Northeast and Downtown courts. Additional benefits: covered parking, receptionist services, exercise/fitness room with racquetball courts, high-speed copier/fax. Call Carolyn or Mike for tour OFFICES AND SECRETARIAL STATION(S) available in law office located at 7th Street and Palm Lane. Use of conference room, reception area, library, copy/assembly area, break room and covered parking. Available immediately. Please contact Wendi at to discuss further and to arrange a visit. PROFESSIONAL LEGAL OFFICE SPACE Very nice suite available in one of downtown s more popular small office buildings. Close to the courts. Amenities include a receptionist, phone system, two conference rooms, library, full kitchen, gym with Jacuzzi, and lots of free parking. Perfect for solo practitioner with an assistant. This is a highly desirable location and space usually does not last long. Call David Rose at (602) East Washington Street Phoenix, Arizona First time this space has been available in years. PROFESSIONAL OFFICE SUITES AVAILABLE 7210 N. 16th St. Phoenix AZ (Just off of the 51 between Glendale and Northern). Owner occupied by law firm and financial advisors. Phone system, high speed internet, fax services and receptionist available. Free parking. Nice conference room and other amenities. Please call for lease rates. Monthly or longer term leases available. Contact Sue at or call SIX EXECUTIVE OFFICE SPACES AVAILABLE in historic Phoenix mansion. 125 E. Coronado Rd. $700-$3,200/mo. Includes receptionist, conference room, covered parking, phones and copier. Contact Jessica at (602) THREE ATTORNEY OFFICES AVAILABLE in new 9,000 sq. ft. build-out. Amenities include spacious secretarial bays, receptionist, four conference rooms, ADA restrooms, copy room, file room, executive covered parking. Fifth Avenue and Osborn area. Flexible terms. For more details or visit TWO ATTRACTIVE must see offices at 7501 N. 16th Street, located just south of the Pointe Resort. $500 per month, per office, including secretarial space, and a joint use conference room. Telephone and computer lines. 1st month free rent. Located on the second floor of a small, two story, stucco building surrounded by large, mature, shade trees and landscaping. Offices have French doors with adjacent balcony. Adequate parking. Call Amber at , if interested. OFFICE SPACE: 16TH STREET & GLENDALE Just off fwy. 600 sq ft, new space in professional bldg. Ideal for CPA, Atty, Financial. Access to large conf room, breakroom, and office services. Short term lease at great rate. (602) DOWNTOWN LAW OFFICES Three offices and one secretarial workstation available. Conference rooms, library, kitchen, fax, photocopy, storage, parking and easy access to light rail. Excellent location and working environment E. Washington. Call Lisa, Crowe & Scott, (602) FULLY FURNISHED EXECUTIVE SUITES available within the offices of a major law firm located in The Phoenix Plaza (Central/Thomas). Includes use of the firm s support services, such as receptionist, copy center, conference rooms, lunch rooms, etc. Covered parking available; conveniently located to the light rail. Contact Jill, GREAT LOCATION 2701 E. Camelback. Approximately 2500 sq. ft. of office space available for lease. Generous ten- REACH OVER 3,000 MARICOPA LAWYERS Advertise in the Maricopa Lawyer Call (602)
16 16 NOVEMBER 2009 MARICOPA LAWYER Now you can receive Xtra value when you bundle all your services with Cox Business. A SMARTER CHOICE Cost-effective business solutions: - Voice business lines with (5) FREE features - Internet modem and included - Video in-office TV keeps you informed Responsive, local customer care 24/7 Superior service reliability One provider, one bill Bundle business phone and Internet for only: $ 8000 a month GIVE US A CALL Let s talk about how we can help your business save money and work smarter coxbusiness.com *Offer valid until 12/31/09 to new commercial subscribers of Cox Digital Telephone and Cox Business Internet SM in Arizona Cox-wired, serviceable locations. Minimum 1-year service contract required. Bundle is $80 per month and includes: Cox Business Internet 2.0Mbps/384Kbps, 1 phone line, and 5 free calling features. Free calling features do not include Remote Call Forwarding, Voice Mail, and Distinctive Ringing. Offer includes waived activation fee, but installation may be extra. Additional costs for installation, construction, inside wiring and equipment may apply. Offer does not include usage, long distance, some calling features, applicable taxes, surcharges or fees. Discounts are not valid in combination with or in addition to other promotions, and cannot be applied to any other Cox account. Telephone modem equipment may be required. Modem uses electrical power to operate and has backup battery power provided by Cox if electricity is interrupted. Telephone service, including access to e911 service, will not be available during an extended power outage or if modem is moved or inoperable. Cox cannot guarantee uninterrupted or error-free Internet service or the speed of your service. Rates and bandwidth options vary and are subject to change. All programming and pricing are subject to change. Programming may vary by location. Services not available in all areas. Other restrictions apply. Telephone services are provided by Cox Arizona Telcom, LLC CoxCom, Inc., d/b/a Cox Communications Arizona. All rights reserved.
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