BAR COMMUNITY BOARD OF GOVERNORS MAY MEETING REVIEW. from the board news for members lawyer regulation people

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1 from the board news for members lawyer regulation people BAR COMMUNITY BOARD OF GOVERNORS MAY MEETING REVIEW Below are highlights from the May 20, 2005, State Bar Board of Governors meeting. Meetings typically are held monthly at the Arizona Bar Center in Phoenix. To see the complete minutes, go to /AZBarInfo and click on Board of Governors. 3 President Charles Wirken provided a summary review of his recent activities, including: his attendance at the ABA Day in Washington; a presentation on Merit Selection at an Inn of Court meeting; throwing out the first pitch at a Diamondbacks game during Law Week; his address to the Pima County Bench Bar Conference; and his meeting with Maricopa County Superior Court Presiding Judge Barbara Mundell. 3 President Wirken reported that the monthly Lawyers on Call program was again successful, with volunteer lawyers answering callers questions on Labor and Employment Law. 3 President Wirken stated that the Lawyer Referral Information Service Task Force is being formed and asked any board members interested in serving to contact Helen Grimwood or Teresa Schmid. 3 President Wirken encouraged board members to attend a panel discussion on judicial independence, merit selection and tort reform presented by the Trial Practice Section at the Convention. 3 Teresa Schmid, Executive Director, reported that staff appreciation will be held on May 20 and encouraged board members to participate. Ms. Schmid advised the board that the building dedication and ribbon-cutting ceremony would be on June 9 from 5:30-7:30 p.m. The board retreat will be held at the Hassayampa Inn in Prescott on June 7-8, and the new board orientation is scheduled for June 27 at the State Bar offices. 3 Ms. Schmid also gave her On the Horizon report to the board, including California s MJP Registration of In-House Counsel. California registrants will pay $900 to register; undergo a moral character review ($329); and comply with 25 hours of CLE within the first year. The deadline was May Larry McVey, Chief Financial Officer, reviewed the March 2005 financial statements in detail. 3 Ed Novak, Chair of the Finance Committee, reported that the committee s Dues Subcommittee hoped to have a proposal at the June meeting of the board. The committee is looking at several categories. 3 The Finance Committee also is reviewing the Tucson lease that expires soon. 3 Ed Novak further reported that the Finance Committee voted unanimously to raise the mileage reimbursement to reflect that of the current IRS rate, as the Bar was using the 2003 mileage reimbursement rate. 3 Mr. Novak reported that the location of the 2007 convention was yet to be decided. The committee will be looking at it with various scenarios, including a multi-year contract; number of registrations for Tucson vs. Phoenix; and a cost benefit analysis. 3 Judge Barbara Rodriguez Mundell will succeed Collin Campbell and officially take over duties as Presiding Judge of the Maricopa County Superior Court on July 1. Judge Mundell gave an overview of the court s strategic plan and the Court s focus. In addition, she discussed the importance of judges roles in influencing professionalism. 3 Robert Van Wyck, Chief Bar Counsel, reported that the first draft of the Discipline Annual Report was completed, which includes the unauthorized practice of law (UPL). Mr. Van Wyck reported that case aging was improved over the last year, with a 91 percent compliance rating overall. 3 Ed Novak, Co-Chair of the Professionalism Task Force, thanked the members of the task force for their approximate 24 months of service on this project. Mr. Novak reported that the changes suggested/recommended at the April meeting were made to the Oath and Creed. 3 After extensive discussion, the board voted 21 1 in favor of adopting the recommendations of the Professionalism Task Force Report as submitted. 3 The Solo and Small Firm Section presented to the board their request that the board not adopt the recommendation of the Discipline Oversight Committee to post additional discipline on the Web. They gave an overview of their concerns. 3 Appointments Committee, Dan McAuliffe, Chair, appointed the following: appointed Susan C. Villarreal to a second and final two-year term and appointed Christopher Brad Vynalek to serve as the designated young lawyer representative. voted to forward the names and applications of Karen L. Karr and Kevin D. Ray to the Glendale City Council for its consideration to fill the unexpired term of Judge Heilman on the City of Glendale Judicial Selection Advisory Board. voted to approve the committee s recommendation to reappoint incumbent Michele M. Feeney to serve a full three-year term; and to appoint Douglas F. Behm, Andrew F. Halaby and Comm. Wesley E. Peterson to serve their first terms on the Conflict Case Committee (CCC) with the discretion of the Chair of the CCC to determine which of the three should be appointed to fill the unexpired term of Doug Northup, who recently resigned. No applications were received for the Client Protection Fund Board of Trustees. The board voted to appoint Frank Barriga and Alex Jamison to hold the two public member seats on the Board of Governors. 3 Shannon O Loughlin, Chair of the Indian Law Section, came before the board seeking support for an April 18, 2005, section resolution and for the section s efforts at the inclusion of Indian jurisdictional subject matter in our state bar examination. The board voted 13 6 in favor of approving the recommendation of the Indian Law Section. 3 Theodore Campagnolo, on behalf of the Criminal Jury Instruction Committee, submitted to the Board of Governors the Criminal Jury Instruction CD and reviewed its contents and asked for the board s approval. Foster Robberson, Chair of the Rules Committee, explained that the instructions that are submitted for approval are not a complete set of instructions. The board voted unanimously to approve the recommendations of the 48 ARIZONA ATTORNEY OCTOBER 2005

2 Criminal Jury Instruction Committee. 3 Matthew Silverman, Senior Director of Communications, and Jenn Moreira, Internet Services Manager, presented the AzBarBios, which is an opportunity for members to advertise their professional services through both State Bar Web sites. The cost will be $29 for those signing up by August 31, 2005; the regular annual cost is $39 per year. 3 Mr. Silverman announced that the Web team had won the People s Choice Webby Award as Best Association Web Site. This is the most prestigious award worldwide for Internet sites and is an extraordinary recognition for the State Bar. 3 Christine Thompson, Director of Government Relations, reported that the Legislature adjourned sine die on May 13 at 1:30 a.m. The Governor signed the budget May 20, with a 12.5 percent increase for judges in the fiscal budget for Standing Committee Reports 3 Amicus Committee: No report. 3 Discipline: Helen Perry Grimwood, Chair, reported that she and Teresa Schmid had a lunch meeting with solo-practice attorneys. The Discipline Oversight Committee met and had discussed the proposal regarding disability orders. They will be looking into a rule change. Dave Byers reported that there may be changes in the disability rules by October 2005, and the Court would welcome the Bar s comments. 3 Finance and Investment Committee: No report. 3 Human Resources: James Matthews, Chair, reviewed the Human Resources at the Bar update, which gives an overview of the current status of recruitment, turnover, staff development, benefits, professional activities and On the Horizon information. 3 Long-Range Plan: No report. 3 Member Services: No report. 3 Rules Review: Foster Robberson, Chair, reported on the Civil Practice and Procedure proposed amendments to ARIZ.R.CIV.P. 5 and 6 and ARIZ.R.S.CT. 124 as they apply to electronic service of legal papers. The board voted unanimously to approve the recommendations of the committee and to file the petition with the Court as submitted regarding the amendments. 3 Mr. Robberson reported on the Civil Practice and Procedure Committee s proposed petition to amend ARIZ.R.CIV.P. 56 and Maricopa County Local Rule 3.2(g)(2), which address motions for summary judgment. The board voted unani- OCTOBER 2005 ARIZONA ATTORNEY 49

3 BOARD OF GOVERNORS mously to approve the recommendations of the committee and to file the petition with the Court as submitted. 3 The board approved the Consent Agenda: April board minutes, as amended; approval of resignations of members in good standing; suspensions, MCLE and annual dues suspensions, as updated; approval of reinstatements (ARIZ.R.S.CT. 32(32)(9) and/or Rule 43 for annual membership dues and trust account compliance). 3 Robbin Coulon reported on behalf of the Arizona Women Lawyers Association. 3 The meeting was adjourned. NEWS FOR MEMBERS PROFESSIONAL VOLUNTEER OPPORTUNITIES The State Bar Appointments Committee is accepting applications from active members in good standing to fill the following upcoming vacancies. Application forms are due at the State Bar office by the deadlines indicated, and they can be obtained by calling Carrie Sherman at (602) or Suzanne Pease at the Bar s Tucson office at (520) An application also can be downloaded from the Bar s Web site: (refer to Appointment Committee News ). Arizona Foundation for Legal Services and Education Application Deadline Friday, September 30, 2005 Purpose: This working board, which includes public members, provides direction to Foundation activities including: the Interest on Lawyers Trust Accounts (IOLTA) program; grants for indigent legal services and the administration of justice; and law-related education programs. Openings: The State Bar Board of Governors will make two appointments. Matthew P. Feeney (Snell & Wilmer LLP) and Joseph C. Kreamer (Hopkins & Kreamer LLP) are completing three-year terms and are eligible for reappointment. Messrs. Feeney and Kreamer currently hold officer positions on the Foundation Board. Criteria/Qualifications: Open to active State Bar members in good standing. Nonlawyers may be considered. The board meets approximately eight times per year. In addition, board members serve on Standing Foundation Committees. Term: Three years beginning January Maricopa County Commission on Trial Court Appointments Purpose: The Chief Justice of the Supreme Court of Arizona chairs this nonpartisan commission. Primary responsibility is to screen, interview and select judicial candidates for submission to the governor for final selection to fill judicial vacancies. Openings: Two. Commissioner Urcinio Salaiz (Attorney at Law, Supervisorial District 5) is completing his term and is eligible for reappointment to another four-year term. Commissioner John Tuchi (U.S. Attorney s Office) is completing his term and is not eligible for reappointment due to his relocation outside Supervisorial District 1. The other commissioners are: Helene Fenlon (Spinelli Corp., Supervisorial District 2), Donna Elm (Federal Public Defender s Office, Supervisorial District 3), and Patrick McGroder (Gallagher & Kennedy PA, Supervisorial District 4). Restrictions/Requirements: Applicants must reside in Supervisorial District 1 or 5 in Maricopa County and be admitted to practice before the Arizona Supreme Court for not less than five years. There are no restrictions as to one s political party affiliation for these openings. To learn in which Maricopa County district you reside, call the Elections Department at (602) The commission meets as necessary when judicial openings occur. Terms: Four years. Arizona Commission on Appellate Court Appointments Purpose: The Chief Justice of the Supreme Court of Arizona chairs this non-partisan commission. Primary responsibility is to screen, interview and select judicial candidates for submission to the governor for final selection to fill judicial vacancies. Openings: Two. Commissioner Robert Schmitt (Murphy, Lutey, Schmitt & Fuchs PLLC, Yavapai County) is completing his term and is eligible for reappointment to another four-year term. Commissioner James Moeller (Attorney at Law, Maricopa County) is completing his term and is not seeking reappointment. The other attorney commissioners are: Albert Flores (Attorney at Law, Maricopa County), Deborah Oseran (Mendelsohn & Oseran PLC, Pima County), and David Burr Udall (Chandler & Udall LLP, Pima County). Criteria/Qualifications: Open to active members of the State Bar of Arizona having been admitted to practice before the Supreme Court of Arizona for not less than five years. Applicants cannot be registered Democrats and cannot reside in Pima County. The commission meets as necessary when judicial openings occur. Term: Four years. Pima County Commission on Trial Court Appointments Purpose: See Maricopa County Commission above. Openings: Two. Commissioner Elizabeth Bushell (Elizabeth D. Bushell PLC, Supervisorial District 4) is completing her term and is eligible for reappointment to a four-year term. Commissioner John Evans (Attorney General s Office, Supervisorial District 5) is also completing his term and is eligible for reappointment to a four-year term. The other commissioners are: Cynthia Kuhn (Rusing & Lopez PLLC, Supervisorial District 1), John Hinderaker (Lewis and Roca LLP, Supervisorial District 2), and Anthony Abruzzo (Attorney at Law, Supervisorial District 3). Restrictions/Requirements: Applicants must reside in Supervisorial District 4 or 5 in Pima County and be admitted to practice before the Arizona Supreme Court for not less than five years. There are no restrictions as to one s political party affiliation for these openings. To learn in which Pima County district you reside, call the Elections Division at (520) The commission meets as necessary when judicial openings occur. Term: Four years. 50 ARIZONA ATTORNEY OCTOBER 2005

4 NEWS FOR MEMBERS MEMBER ASSISTANCE MEETING CHANGE The regular Thursday noon Alcoholics Anonymous lawyer meeting has moved from the Maricopa County Courthouse. The meeting is now being held at Trinity Cathedral, First Avenue and Roosevelt, in the Mustard Conference Room. The meeting is held weekly, and there is no cost to attend. Warner Angle Hallam Jackson & Formanek PLC announced that Bobby O. Thrasher, Jr. and Steven R. Napoles have joined the firm as associates. Thrasher practices in real estate and commercial transactions, and Napoles practices in civil litigation. FAZIO PEOPLE, PLACES, HONORS & AWARDS EVANS RETTS Greenberg Traurig LLP announced that Booker T. Evans Jr. joined the firm as a shareholder and practices white-collar criminal defense. In addition, four associates have joined the PASTERNAK firm: Daphne M. Barry, construction law; Jessica Hately, corporate and securities; Robert B. Lamb, litigation, and Daniel B. Pasternak, labor and employment. Leigh Lani T. Brown has joined the U.S Department of Justice s Department of Intelligence Policy and Review as an attorney adviser. Heather Fazio and Christina Retts have joined Jones Skelton & Hochuli PLC as associates. Fazio practices insurance defense and Retts focuses on municipal liability. Fennemore Craig announced that Rodney John Fuller has joined the firm as an associate in the intellectual property practice. WALZ Erin H. Walz has joined the litigation department of the Phoenix-based firm Engelman Berger PC. ADAMS-FELDMAN Ashley Adams-Feldman has joined Feldman Brown Wala Hall & Agena as a partner and focuses her practice on white-collar criminal defense and commercial litigation. OCTOBER 2005 ARIZONA ATTORNEY 51

5 PEOPLE WILLIAMS Sanders and Parks PC announced that Jamie D. Williams has joined the firm as an associate, and practices in commercial, complex, torts, securities and insurance litigation. Quarles & Brady Streich Lang LLP announced that two associates have joined the firm. Julie H. Quigley has joined the tax practice, and Hilary L. Barnes practices bankruptcy and creditors rights. Retired Maricopa County Superior Court Judge William P. Sargeant III has joined the Scottsdale firm Cates Hanson & Sargeant, located at 1747 E. Morton, Suite 205, Phoenix, AZ SARGEANT HONORS & AWARDS Greenberg Traurig shareholder Steven M. Weinberg has been reappointed as the state commissioner for the Arizona Disease Control Research Commission, and selected as the state s representative on the board of TGen. Bill Hardin, an attorney with Osborn Maledon PA, received the Governor s Award for Excellence in Human Rights from Gov. Janet Napolitano for his advocacy for human rights. BABINGTON Corey Babington, an associate with Quarles & Brady Streich Lang LLP, has been selected for the Valley Leadership Institute program. Gallagher & Kennedy attorney David Kimball was named the 2005 Arizona Chamber of Commerce Volunteer of the Year and the Arizona Rock Products Association s 2005 Associate of the Year. Edward G. Hochuli, a partner with Jones Skelton & Hochuli, was the keynote speaker at the 2005 Claims Conference of Northern California. Quarles & Brady Streich Lang LLP associate Brad Vynalek has been appointed to serve as a member of the American Bar Association House of Delegates as a Young Lawyers Representative for the State Bar of Arizona. MOBERLY Michael D. Moberly, a partner with Ryley Carlock & Applewhite, has been elected as a fellow of the College of Labor and Employment Lawyers. NAVIDAD Phoenix attorney Alex Navidad was appointed to the board of trustees of the Phoenix International School of Law. RHODES Scott Rhodes, an attorney with Jennings Strouss & Salmon PLC, was appointed to the 2005 Citizens Bond Committee by the Mesa City Council. Tucson Judge Stephen M. Rubin was elected president of the National Council of Juvenile and Family Court Judges. VOLUNTEER LAWYERS PROGRAM Flagstaff attorneys Susan Slasor, Jay McCarthy Jr., Benjamin Deguire, Bruce Griffen, Richard Grimsrud, Elaine Fridlund- Horne, Jennifer Nagel and Marilyn Pollard were recently honored by DNA People s Legal Services for their pro bono efforts. RECENTLY DECEASED John L. Ahearn, Phoenix Brett C. Aspey, Phoenix Justin D. Blair, Cave Creek Robert W. Blesch, Phoenix Steven T. Blum, Chicago, Ill. William M. Borowiec, Sierra Vista Paul J. Crowder Jr., Scottsdale John P. Donovan, Scottsdale Morton W. Dupree, Scottsdale Tamara L. Dworsky, Scottsdale Lester Engler, Scottsdale Thomas C. Foster, Phoenix Sarah B. Fuller, Ithaca, N.Y. Keith E. Goljan, Phoenix Michael A. Graham, Phoenix Harry H. Haynes, Sierra Vista B. L. Helm, Yuma Naomi B. Hendershot, Phoenix James T. Hickey, Denver, Colo. Edward Jacobson, Phoenix Robert O. Lesher, Tucson Jim Malinske, Phoenix Austin J. Matterson, Phoenix Joseph R. McDonald, Tucson Hon. Michael Mignella Jr., Phoenix Jerry Mathias Myers, Tucson William O. Parks III, Phoenix Timothy Reagan, Phoenix Mark A. Redondo, Tucson Joseph T. Rotondo, Phoenix Ellen R. Starkeson, Phoenix Paul T. Willis, Tucson IN MEMORIAM Patricia L. Howe, 54, of Phoenix, passed away on August 11, 2005, after fighting a 12-year battle against breast cancer. Patty received her undergraduate degree from the College of Charleston and her law degree from the University of South Carolina Law School at Columbia. She practiced law in Pennsylvania and Arizona. In 1990, Patty turned to public service and began working with the Maricopa County Attorney s Office, primarily in the Sex Crimes Bureau, where she worked tirelessly to protect the children of Maricopa County. For more than 10 years, she worked at the County Attorney s Office, serving at one point as the supervisor of the Sexually Violent Persons Unit. At the time of her death, she worked in the Office of Regional Counsel for the U.S. Department of Veteran s Affairs. She will truly be missed by all who knew her. Patty s family requests donations be made to the Susan G. Komen Breast Cancer Foundation, 2040 W. Bethany Home Road, Suite 103, Phoenix, AZ 85015, or Hospice of the Valley, 1510 E. Flower Street, Phoenix, AZ A hundred years from now it will not matter what my bank account was, the sort of house I lived in, or the kind of car I drove, but the world may be different because I was important in the life of a child. Author Unknown 54 ARIZONA ATTORNEY OCTOBER 2005