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1 THE AWARDS ISSUE STATE BAR OF ARIZONA, APAAC AND OTHERS see page 5 fall 2013 contents page 1 Message from the Chair page 2 Attorney Profile: Barbara LaWall page 5 Awards, Appointments, Promotions, Scholarships and New Positions page 17 In Memoriam page 20 Public Lawyers CLE Opportunity page 21 Employment Opportunities page 22 Executive Council Roster Public Lawyers Section of the State Bar of Arizona 4201 N. 24 th St., Suite 100, Phoenix, AZ Copyright 2013 by the Public Lawyers Section of the State Bar of Arizona. All rights reserved. Protected under the Universal Copyright Convention and International Copyright Conventions. This publication may not be reproduced in whole or in part in any form without written permission from the State Bar of Arizona. It is designed to provide accurate and authoritative information with regard to the subject matter contained herein. It is disseminated to members of the Public Lawyers Section with the understanding that the publisher is not engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the State Bar of Arizona, its officers, Board of Governors, Public Lawyers Executive Council, Journal Editors or Staff. thepubliclawyera publication of the state bar of arizona message from the chair Traditionally DIFFEREN trhe Public Law Section has another interesting with a hands-on approach to your legal educa and exciting year coming up, and the Executive Council is working hard to create outstanding programs for the benefit of the membership. Ted Campagnolo and Kelly Schwab have put together a 3 hour public land use CLE for November 15 Rising CAMPAGNOLO SCHWAB Out of the Ashes: Land Development Post-Recession (see page 20). Ted and his committee plan other informative and value-packed CLEs for the rest of the year. Student Outreach is planning presentations at the three Arizona law schools this academic year to encourage law students to consider the public law sector when Renowned diversity. A unique, hands-on approach. Unlimited making their career choices. opportunity. The Newsletter There s a reason Arizona Committee Summit Law School has was produced ranked yet another fantastic newsletter with a great interview of Barbara LaWall of Pima County. as one of the top 20 most innovative law schools in the country. NASSEN Special thanks go Join to the community our new leaders chair, of tomorrow. Regina Nassen, for this interview. azsummitlaw.edu For more details about our school s on-time graduation rates, job placement rates, the median debt of As immediate past students chair, who completed I the program, welcome student tuition and Regina other costs please and visit the new council members. If you are interested in taking on a leadership position with the Section, there are opportunities for you. All members are welcome to attend our meetings and to provide articles for the newsletter. We are always seeking new ideas and suggestions. As a Section, we will be reaching out to large public employers again this year in an attempt to obtain subsidies for the section memberships. It is our hope that many of the agencies will follow the lead of the Attorney General s Office in providing funding for its attorneys to join the Section. Please remember to join the Section when sending in your dues statement again this year. Your support and participation in the Section ensures that the interests of public lawyers will continue to be recognized and fostered. We are always interested in welcoming folks who want to work on any of the Public Law Section projects. We are actively seeking contributors to the newsletter. If you have an article you would like to submit, please send it to our intrepid newsletter editor John Belatti at john. Diana Theos, Immediate Past Chair One North Central Ave Phoeni

2 p r o f il BARBARA LaWALL Pima County Attorney attorney by regina nassen 2 the public lawyer fall 2013

3 We take seriously our mission to protect the public safety. Through the efforts of our dedicated employees and through our collaborative working relationships with other county departments, with local, state, and federal law enforcement agencies, and with the public and private sectors alike, we continually strive to make Pima County safer and to improve the quality of life in our community. a commitment to community barbara LaWall started her career as a high school English teacher, but in 1972 interested in doing something that would impact education policy and reasoning that people listen to lawyers more than they listen to high school English teachers she decided to go to law school. She says her plans to focus on education policy changed when she clerked for the Pima County Attorney s Office after her second year of law school. I loved it, she says. Practicing criminal law was fast-paced and high-energy and it fit my personality. She joined the office after graduating and, twenty years later, ran for and was elected to the office of Pima County Attorney. But she s never lost her commitment to education, or her interest in policy. When asked what she s most proud of accomplishing during her tenure as the Pima County Attorney she immediately talks about the programs she s instituted that focus on at-risk youth. After one child stabbed another child in a Marana school bathroom Barbara put prosecutors in every school district in Pima County, coordinating SMART, the School Multiagency Response Team. SMART facilitates the sharing of information between schools, law enforcement, and criminal justice agencies, so that at-risk youth can be identified and issues addressed early. The victim in the bathroom stabbing incident was, at the time of the stabbing, being prosecuted for an offense perpetrated against the stabber s sibling. No one at the school knew what was going on. These two kids were in the same classes, riding the same bus. Barbara also created the Community Justice Boards diversion program, which has 22 volunteer boards throughout Pima County. Non-violent first-or-second-time youth offenders are diverted to these boards, which deal with the offense, and the offender, on a community level. The offender can be confronted by the people injured by his conduct; the board members impose consequences on the offender designed to be impactful and constructive, and they help the offender reconnect with the community in a positive way. A University of Arizona professor recently evaluated the program for her dissertation and concluded that the program, which is run on a shoestring budget, has a 4% recidivism rate. Barbara also created a truancy program that works with parents of children who don t show up for school. The parents are given access to assistance, like parenting classes, but, if necessary, the Pima County Attorney s Office will prosecute them; failing to send your child to school is a misdemeanor. Exercising her prosecutorial discretion, she publically declared in 2000 that her office would not prosecute for abandonment a woman who turns her unwanted baby over to a hospital in Pima County within 72-hours of giving birth, even before state safe baby legislation went into effect. crime & punishment and prevention When I ask Barbara about how crime has changed during her time as a prosecutor, she immediately replies Every thug has a gun. That was not the case when I started. The second thing is the prevalence of drugs; younger and younger children using harder and more dangerous drugs. Drugs are pervasive in the schools; they weren t before. She sees a cycle: Kids who are deeply drug-involved often come from homes where the family is deeply druginvolved, perhaps with parents who are drug addicts or in prison. As the family grows, and those children become parents, the problem grows. Barbara doesn t claim to have all the answers, but she knows that we have to break that cycle get kids out of unsafe homes, and address the drug problem head on. Which brings us to her most recent success, the Drug Treatment Alternative to Prison program ( DTAP ). The program has been operating for over two years now, and appears to be very effective, producing high success and low fall 2013 the public lawyer 3

4 Previously about 24% of our trials were of dangerous, violent offenders; now it s over 60%. I m really proud of that. Barbara LaWall recidivism rates. The program focusses on criminal defendants who, but for their addiction, would not be involved in criminal acts. They are allowed to plead to a non-prison offense and are placed in a residential drug treatment program and provided other types of assistance, like counseling, medical and dental treatment, and job-training, enabling them to become productive members of the community. An economic study that was completed at the end of 2012 indicates that this program is very cost-effective, saving the community and its taxpayers thousands of dollars that would otherwise be spent incarcerating these individuals, who are trapped in a cycle of addiction. Barbara seems to me to be, above all, a practical woman in her approach to criminal justice. Many (not all, but many) offenders who are young, or drug-addicted, can be turned around; so turn them around and get them out of the criminal justice system. Then focus that criminal justice system on the most dangerous and violent offenders prosecute them vigorously and get them off the streets. And she does just that. Previously about 24% of our trials were of dangerous, violent offenders; now it s over 60%. I m really proud of that. multiple roles I asked Barbara about the challenges of juggling her multiple roles as a prosecutor, an elected official, and the head of a fairly large civil law firm (there are 24 lawyers in the Pima County Attorney s Office Civil Division) that represents other elected officials and bodies. She was similarly unfamiliar with civil law practice when she first assumed her duties as the Pima County Attorney. Though she had been her predecessor s Chief Deputy, she hadn t, even in that role, worked closely with the office s Civil Division. So when she picked her Chief Deputy, she chose a civil practitioner. I rely on my Chief Deputy, who always comes from the Civil Division, to help me identify and address issues in the office s civil practice. I ve learned a lot; particularly about conflicts! Her current Chief Deputy, who assumed that role in 2006, is Amelia Craig-Cramer, the immediate past- President of the State Bar of Arizona. contributions to the profession Which brings me, in turn, to my final observation about Barbara LaWall. She has a very busy office; her prosecutors and civil lawyers work very hard (I can attest to that). But she also encourages us to contribute to the legal profession as a whole, and she supports our efforts to do so, whether it s helping out a smaller county attorney s office, participating in the Bar and other professional organizations, taking CLE classes in order to increase our own professional skills, or teaching classes for others. As a result, our contributions including my service as your current Section Chair are in many ways her contributions. And for that she deserves our thanks. PL She says that when she first ran for election she had no political connections, didn t know a lot of people in the community, and had no idea how to run a political campaign. But she figured it out. I did it the way I know how to do anything: I studied it, and made a plan. I talked to people I d never met before; I asked questions and found the right people to help me. One person Barbara spoke to mentioned that she d always been interested in managing a political campaign, though she didn t have any experience in politics. On the spot, I said I d like to give you that opportunity. Working together, they figured it out as they went along. Of campaigning she says, It s hard work. Not rocket science, not intellectually difficult; it s physically hard. I worked harder than anyone else when I first ran. I got up early and stayed out late. I was constantly out in the community; for months, I went to everything, shaking people s hands, telling them about my vision for the office, and handing out campaign brochures. And Pima County is a very large county. But it paid off; she won. It s sort of like childbirth, she says. When you have your first one, you don t know what it s going to be like. So you just do it. Later you look back and realize: wow, that was a lot of hard work! She s been reelected four times since then. 4 the public lawyer fall 2013

5 awards appointments, promotions, scholarships and new positions ARIZONA COURT OF APPEALS JUDICIAL APPOINTMENT KENT CATTANI was appointed by Governor Jan Brewer to the Arizona Court of Appeals on February 9, 2013, filling the vacancy created by the appointment of Ann Scott Timmer to the Arizona Supreme Court. At the time of his appointment, he was an Assistant Arizona Attorney General, serving as Solicitor General, overseeing criminal appeals, capital litigation, and civil appeals. Judge Cattani earned his J.D. from the University of California at Berkeley in 1986, and he worked as an associate at Jennings, Strouss & Salmon, and Beus, Gilbert & Morrill in Phoenix prior to joining the Attorney General s Office in For the next 22 years, he represented the State of Arizona in state and federal court, handling death penalty post-conviction proceedings in trial courts throughout the State, briefing over 200 appellate cases, and arguing more than 95 cases in the Arizona Supreme Court, the Ninth Circuit, and the United States Supreme Court. He also assumed supervisory responsibilities during that time period as a Unit Chief, Section Chief, Division CATTANI Chief, and Solicitor General. Judge Cattani provided testimony to the United States Senate and House of Representatives Judiciary Committees regarding federal habeas and death penalty issues, and he helped draft legislation and worked with the Arizona legislature in addressing a variety of criminal law issues. He has also lectured extensively both locally and nationally on criminal law and federal habeas issues. Judge Cattani led the Attorney General s efforts to collaborate with the defense bar in studying lessons learned from DNA exonerations. Additionally, he chaired the Attorney General s DNA Task Force from , and he serves on Arizona s Forensic Science Advisory Committee formed as a result of recommendations by the Task Force. He also serves on the State Bar of Arizona Jury Instructions Committee. PINAL COUNTY SUPERIOR COURT JUDICIAL APPOINTMENT JASON HOLMBERG was appointed by Governor Jan Brewer to the Pinal County Superior Court on March 25, Holmberg s appointment was made to fill the vacancy created by the retirement of Judge Janna L. Vanderpool. Judge Holmberg had worked for the Pinal County Attorney s Office since 2009, most recently as Bureau Chief for the Special Victims Unit, a role in which he handles cases involving sex crimes and child and elder abuse. Prior to joining the Pinal County Attorney s Office, Judge Holmberg served as Assistant Bureau Chief for the Maricopa County Attorney s Office ( ). During law school, he worked with the U.S. Attorney s Office for the District of Nevada; Los Angeles District Attorney s Office; and Hawthorne City Attorney s Office. Judge Holmberg was a nominee for the David R. White Excellence in Victim Advocacy Award in HOLMBERG 2012, and received a commendation from the Los Angeles District Attorney s Office in Judge Holmberg graduated from the University of California-Los Angeles School of Law (2004), and earned his undergraduate degree in Communications from the University of Southern California (2001). He has been licensed to practice law in Arizona since YAVAPAI COUNTY SUPERIOR COURT JUDICIAL APPOINTMENT Yavapai County Superior Court Judge KENTON JONES was appointed by Governor Jan Brewer to the Arizona Court of Appeals on September 10, 2013, filling the vacancy caused by the retirement of Judge Philip Hall. Judge Jones is a 1986 law school graduate of Arizona State University. He received his undergraduate degree from Northern Arizona University. Prior to becoming a Superior Court Judge in October 2009, Judge Jones was a private practitioner, and served as a municipal prosecutor and Chino Valley magistrate. Judge Jones also has worked for the United States Postal Service, and is a veteran of the U.S. Navy. JONES fall 2013 the public lawyer 5

6 Award Winners Award William Winners G. Klain Presented at the annual convention, June For more convention photos, go to Presented at the annual convention, June For more convention photos, go to DISTINGUISHED TOM KARAS PUBLIC CRIMINAL LAWYER JUSTICE AWARD AWARD MEMBER OF THE YEAR AWARD STATE BAR OF ARIZONA PUBLIC LAWYERS SECTION AWARDS The Public Lawyers Section of the State Bar honored the following public Hon. lawyers Robert with its L. annual Gottsfield awards, which were presented by State Bar President Amelia Kramer at the State Bar s annual convention at the Arizona Biltmore Hotel in Phoenix on June 21, SHARON MICHAEL A. FULLMER C. CUDAHY LEGAL AID JUSTICE MICHAEL MICHAEL C. CUDAHY D. RYAN ATTORNEY CRIMINAL OF JUSTICE THE YEAR AWARD AWARD JUDICIAL CRIMINAL AWARD JUSTICE OF EXCELLENCE AWARD JAMES A. WALSH OUTSTANDING JURIST AWARD LUIS SANTAELLA, an Assistant Scottsdale City Attorney, COMMITTEE received ON the MINORITIES award. The Award AND is WOMEN given to A R I Z O N IN A AT THE T O R N LAW E Y S E P AWARD T E M B E R a public attorney with at least five years of experience who exhibits TOM a dedication KARAS and commitment to CRIMINAL JUSTICE AWARD public service and the public practice of law. Luis graduated from the University of Arizona College of Law in He began his legal career working as a Deputy City Attorney/City Prosecutor in Nogales, Arizona. He has been with the Scottsdale City Attorney s Office since Luis started his career with the City of Scottsdale as an Assistant City Prosecutor, then became an Assistant City Attorney, and subsequently was promoted to Senior Assistant City Attorney. He currently represents various City departments including the Police and Fire Departments. During his tenure with the City of Scottsdale he has received several awards, including a Community Policing Award. He has been instrumental in the enactment of various City ordinances that have helped protect and enhance the City s quality of life. Luis is a member of the Public Lawyers Section and serves on the Executive Council and is a past chair. He is also a former Professor president of Mary the Arizona Dolores Law Guerra Enforcement Legal Advisors Association. 6 the public lawyer William G. Klain Larry Luis E. A. Santaella Hammond Larry A. Hammond Hon. Beverly Randall P. M. Parker Howe HON. JOHN R. STICHT EXCELLENCE IN DISABILITIES ACCESSIBILITY AWARD Prior to his MICHAEL appointment C. to CUDAHY the Arizona Court of Appeals in CRIMINAL May 2012, Judge JUSTICE Howe AWARD served for nineteen years with the Arizona Attorney General s Office and three years with the United States Attorney s Office for the District of Arizona. He has personally represented the state and federal governments in more than 400 appeals and habeas actions, and has argued 84 cases in the Arizona Supreme Court, the Arizona Court of Appeals, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court. In 2007, the State Bar awarded him the Distinguished Public Lawyer Award. Judge Howe graduated from Arizona State University College of Business, summa cum laude, in 1985 and Arizona State University College of Law, cum laude, in In 2002, he received the Young Alumnus Award from the Arizona State University Alumni Association. Judge Howe has also been involved in the disability community. He has served as Chair of the Governor s Council on Developmental Disabilities, Phoenix President School of the Board of Law of Directors of the Arizona Accepted Center by for Professor Disability Keith Law, Swisher and Chair of the Board of Directors of Arizona Bridge to Independent Living. Hon. Randall M. Howe Hon. Elizabeth Kent E. Cattani R. Finn The HONORABLE RANDALL M. HOWE, and THE HONORABLE KENT E. CATTANI, both now Judges of the Arizona Court of Appeals now Judge of the Arizona Court of Appeals, received the award, which recognizes that criminal law prosecutor who, during his or her career, has worked tirelessly to advance the principles of criminal justice by representing the public s interest with integrity, fairness, tenacity, creativity, brilliance and above all, professionalism. CONTINUING Hon. Robert LEGAL L. Gottsfield EDUCATION AWARD Prior to his appointment MICHAEL to C. the CUDAHY Arizona Court of Appeals in February CRIMINAL 2013, JUSTICE Judge Cattani AWARD was an Assistant Arizona Attorney General, serving as Solicitor General, overseeing civil appeals, criminal appeals, and capital litigation. Judge Cattani earned his J.D. from the University of California at Berkeley in 1986 and began working at the Attorney General s Office in He has represented the State of Arizona in state and federal courts, including the United States Supreme Court. Judge Cattani has helped draft federal and state legislation and has testified before Congress and the Arizona legislature regarding criminal law issues. He has also lectured extensively both locally and nationally on capital litigation and federal habeas issues. Judge Cattani led the Attorney General s efforts to collaborate with the defense bar in studying lessons learned from DNA exonerations. Additionally, he chaired the Attorney General s DNA Task Force and he serves on Arizona s Forensic Science Advisory Committee. Judge Cattani has also served on the Board of Directors of the National Association of Government Attorneys in Capital James Litigation, P. O Sullivan the Attorney General s Opinion Review and Ethics Committees, the Arizona Supreme Court Hon. Capital Kent Case E. Oversight Cattani Committee, and the State Bar of Arizona Jury Instructions Committee. 40 w w w. a z b a r. o r g / A Z A t t o r n e y 42 A R I Z O N A AT T O R N E Y S E P T E M B E R w w w. a z b a r. o r g / A Z A t t o r n e y 40 A R I Z O N A AT T O R N E Y S E P T E M B E R w w w. a z b a r. o r g / A Z A t t o r n e y fall 2013

7 STATE BAR OF ARIZONA PUBLIC LAWYERS SECTION AWARDS Award Winners more convention photos, go to Presented at the annual convention, June For more convention photos, go to LEGAL AID AR AWARD JUSTICE MICHAEL D. RYAN JUDICIAL AWARD OF EXCELLENCE MEMBER OF THE YEAR AWARD Mark The E. Public Meltzer Lawyers Section of the State Bar honored the William following public D. Carnegie lawyers with its annual awards, which were presented Thallass by State Bar President Amelia Kramer at the State Bar s annual convention at the Arizona Biltmore Hotel in Phoenix on June 21, HAL ISRAEL COMMUNITY SERVICE CAREER ACHIEVEMENT AWARD PR AWARD PUBLIC LAWYER JAMES A. WALSH OUTSTANDING JURIST AWARD rker XCELLENCE IN ILITY AWARD of Law eith Swisher William G. Klain CONTINUING LEGAL EDUCATION AWARD TOM KARAS CRIMINAL JUSTICE AWARD Larry A. Hammond Hon. Elizabeth R. Finn w w w. a z b a r. o r g / A Z A t t o r n e y Erin R. Ronstadt The HONORABLE ELIZABETH R. FINN received the award, which honors a judicial officer who demonstrates a dedication and commitment to improving the justice system. Judge Finn is the Presiding Judge of Glendale City Court, and has been a judge for 34 years making her the most senior judge in the State. Judge Finn was one of the first faculty members and a former Dean of New Judge Orientation as well as Dean of the Judicial College of Arizona. Some of the hundreds of grants she has written and performed include $1.5 million in federal funds to Glendale to coordinate multi-agency responses to domestic violence issues. She is a founding member and Past Chair of the Arizona Supreme Court Committee on the Impact of Domestic Violence, the primary author of the first Protective Order Benchbook, chairs the Supreme Court Committee mandating all protective forms since its inception, a member of the O Connor House Avon Project for Women and Justice and is Immediate Past Chair of the Conference of Specialized Court Judges of the American Bar Association. Judge Finn has implemented Glendale s specialized Mental Health Court, Domestic Violence Treatment Court and her Court participates in Homeless Court as well as Veterans Stand Down. She has presented hundreds of conferences on behalf of the Supreme Court of Arizona and the State Bar of Arizona in the areas of DUI, domestic James P. O Sullivan 44 A R I Z O N A AT T O R N E Y S E P T E M B E R violence, gender and cultural diversity. Judge Finn is a previous recipient of the State Bar s James Walsh Outstanding Jurist Award and the Franklin Flaschner Award from the ABA for outstanding limited jurisdiction judge in the nation. Thomas W. Pickrell TOM PICKRELL received Hon. the award, Robert which L. recognizes Gottsfield retired or retiring public attorneys who have had distinguished careers as public attorneys, have made many MICHAEL C. CUDAHY significant contributions to public MICHAEL service C. and CUDAHY are recognized as models of the CRIMINAL dedication and JUSTICE commitment AWARD CRIMINAL JUSTICE AWARD of public attorneys. Tom serves as general counsel of Mesa Public Schools and has practiced public school law for 22 years. Tom volunteered with the Arizona Foundation for Legal Services & Education s We the People program for many years, and established a pro bono legal guardian clinic for Mesa parents of special needs students. He was honored as one of Arizona s Top 50 Pro Bono Lawyers in 2009 and has served on the Arizona Juvenile Justice Commission since Previously, Tom served as legal counsel for the Arizona School Boards Association. For more than 20 years, he has helped organize and presented at the ASBA Annual School Law and the Arizona School Administrators Principal and the Law Conferences, the State s preeminent law conferences for school boards and administrators. As an adjunct professor, Tom has taught school law at the ASU College of Education and written widely about current school law issues. Tom s efforts to improve public schools are evident in many of the State s education statutes. This year he authored legislation that significantly reforms the State s teacher evaluation and dismissal laws. Tom studied at the U of Hon. Randall M. Howe A and the University of Leeds, Hon. England, Kent and E. received Cattani his J.D. from Duke University. fall 2013 the public lawyer 7 Janet 40 A R I Z O N A AT T O R N E Y S E P T E M B E R w w w. a z b a r. o r g / A Z A t t o r n e y

8 Award Winners Award Winners The following public lawyers were honored by the State Bar of Arizona at its annual convention at the Arizona Biltmore Hotel in Phoenix on June 21, Presented at the annual convention, June For more convention photos, go to JAMES DISTINGUISHED A. WALSH OUTSTANDING PUBLIC SHARON A. FULLMER LEGAL AID JUSTICE AWARD MICHAEL OFD. RYAN LAWYER JURIST AWARD ATTORNEY OF THE YEAR AWARD JUDICIAL SPECIAL AWARD OF MERIT EXCELLENCE MEMBER OF THE YEAR AWARD STATE BAR OF ARIZONA ANNUAL AWARDS Award Winners ention photos, go Presented to at the annual convention, June For more convention photos, go to Presented at the annual convention, JAMES A. WALSH OUTSTANDING JURIST AWARD Hon. Luis Robert E. Santaella L. Gottsfield 8 the public lawyer William G. Klain The HONORABLE ROBERT L. GOTTSFIELD received the award, COMMITTEE which is MICHAEL given ON to MINORITIES a judge C. CUDAHY whose AND career WOMEN exemplifies the highest CRIMINAL standards IN THE of LAW JUSTICE judicial AWARD conduct AWARD for integrity and independence; who is knowledgeable of the law and faithful to it; who is unswayed TOM by KARAS partisan interests, public clamor or fear CRIMINAL of criticism; who JUSTICE is patient, AWARD dignified and courteous to all who appear before him; and who endeavors to improve the administration of justice and public understanding of, and respect for, the role of law in our society. Judge Gottsfield is a graduate of State University of New York, (Binghamton) (B.A.1956), Cornell Law School, (J.D. 1960), and ASU (Master of Counseling 1981). He clerked for the Supreme Court, Appellate Division, Third Department, in Albany N. Y. ( ) and became a research staff attorney to the Court (1963). He joined the Phoenix law firm of Rawlins, Ellis, Burrus & Kiewit, in 1963, and eventually became a partner specializing in banking, bonds and commercial litigation. He has over 130 legal publications and has been a panelist in over 100 county and state bar CLE seminars. He has previously received a Continuing Legal Education Award from the State Bar (1988). He is Co-founder of the Phoenix University Club, and Co-Founder and Chair, for many years beginning in 1981, of the then Law and Counseling and Dispute Resolution Committee (now a section of the State Bar). He received a Declaration of Appreciation from the Arizona Professor Youth Hon. & Government Mary Kent Dolores E. Program Cattani of Guerra the YMCA for 35 years participation (2007), among numerous other civic activities. He was recently inducted into the Maricopa County Bar Association s Hall of Fame (2012). He is a retired, but Larry A. Hammond Beverly P. Parker BEVERLY P. PARKER, received the award, which is presented HON. JOHN to a legal R. services STICHT lawyer EXCELLENCE in Arizona whose IN service DISABILITIES to low-income ACCESSIBILITY people encompasses AWARD both aggressive advocacy on behalf of individuals in extreme need as well as impact MICHAEL advocacy designed C. CUDAHY to address systemic issues affecting CRIMINAL significant JUSTICE numbers AWARD of low-income people. Beverly has been the Managing Attorney for the Consumer/Housing/Public Benefits unit of Southern Arizona Legal Aid since She works primarily in the areas of consumer law, mortgage foreclosure prevention, tenant eviction and bankruptcy. She has practiced law for over 35 years and is licensed in Alabama, Florida, Georgia, Virginia, Washington D.C. and Arizona. Prior to coming to Arizona she practiced in Florida and was Board Certified in Matrimonial and Family Law. In Florida she was also a Certified Family Mediator and assisted in developing case law and procedural rules to protect victims of domestic violence. Although she has worked in both federal, public interest and private practice, she prefers working for legal aid because it is one of the few practice areas where an attorney is actually doing what we were all taught to do in law school. We argue the pure application of the law and try to make sure our clients are given fair and equal treatment under the law regardless of their social status or income. Phoenix School of Law Accepted by Professor Keith Swisher Hon. Randall M. Howe Hon. Mark Elizabeth E. Meltzer R. Finn Hon. Kent E. Cattani 42 A R I Z O N A AT T O R N E YwSw Ew. P Ta Ez Mb ab r. EoR r g 2/ 0A 1Z 3 A t t o r n e y 44 A R I Z O N A AT T O R N EwY wsw. E Pa Tz be am r. Bo Er R g / A2 Z0 A1 t3 t o r n e y called back full-time, Superior Court Judge serving in the criminal division, on which court he has served for 33 years. MARK E. MELTZER received the award, which is given to a member HAL CONTINUING ISRAEL of the State COMMUNITY LEGAL Bar who EDUCATION has SERVICE made significant Hon. Robert AWARD L. Gottsfield contributions to the furtherance of public understanding of the legal system, the administration of justice and confidence in the MICHAEL legal profession. C. CUDAHY Mark became a specialist with the CRIMINAL Court Services JUSTICE Division of AWARD the Administrative Office of the Courts (the AOC ) in Mark currently serves as AOC staff for the Committee on Limited Jurisdiction Courts (the LJC ), the Capital Case Oversight Committee, and the Committee on the Impact of Wireless Mobile Technologies and Social Media on Court Proceedings (the Wireless Committee ). Mark was recently staff for the Committee on Civil Rules of Procedure for Limited Jurisdiction Courts, which drafted the Justice Court Rules of Civil Procedure ( JCRCP ) that became effective in January He also served as staff to the Complex Civil Litigation Court Evaluation Committee and the Criminal Rules Videoconference Advisory Committee. Mark became a member of the State Bar of Arizona in He began his law career as a deputy district attorney in San Bernardino County, California, and he was a criminal defense attorney following his relocation to Arizona. Mark was in private practice prior to joining the AOC, concentrating in civil litigation. Mark and his wife Catherine have two children, a daughter in her sophomore year at the Barrett Honors College at Arizona State University, and James a Erin son in R. his P. Ronstadt O Sullivan senior year at Saguaro High School. 40 A R I Z O N A AT T O R N E Y S E P T E M B E R w w w. a z b a r. o r g / A Z A t t o r n e y fall 2013

9 STATE BAR OF ARIZONA ANNUAL AWARDS Award William Mark Winners E. D. Meltzer Carnegie ention photos, go to The following public lawyers were honored by the State Bar of Arizona at its annual convention at the Arizona Biltmore Hotel in Phoenix on June 21, Presented at the annual convention, June For more convention photos, go to HAL CAREER OUTSTANDING ISRAEL ACHIEVEMENT COMMUNITY YOUNG AWARD LAWYER SERVICE CAREER ACHIEVEMENT PRESIDENT SAWARD PRESIDENT S PUBLIC AWARD LAWYER PUBLIC AWARD LAWYER AWARD MEMBER OF THE YEAR AWARD Thallassa William D. G. Carnegie Kingsnorth Thallassa G. Kingsnorth JAMES A. WALSH OUTSTANDING JURIST AWARD Thallassa Thomas Erin R. G. Ronstadt W. Kingsnorth Pickrell William G. Klain THALLASSA ( TALLY ) G. KINGSNORTH received the award. The award, as PRESIDENT S selected by the Young Lawyers Division, is given to a young AWARD lawyer recognized for outstanding efforts in law-related service to the community or the bar. Tally joined the TOM Florence KARAS Immigrant & Refugee Rights Project CRIMINAL as a staff attorney JUSTICE in September AWARD Today, she is the organization s Pro Bono Program Director and has trained hundred of attorneys statewide to represent detained immigrants before the Immigration Courts, the Board of Immigration Appeals, and the Ninth Circuit. In addition to her work at the Florence Project, Tally joined the University of Arizona School of Law as an Adjunct Professor in the Legal Writing Department in Over the last six years, she has recruited and mentored dozens of law clerks, including some of her writing students. With Tally s support, her former interns have joined the Florence Project staff, become Florence Project pro bono volunteers, and gone on to work for the National Immigrant Justice Center, the Maricopa County Public Defender s office, and the San Diego Federal Defenders office. On weekends, Tally often volunteers her time at naturalization fairs and workshops for Dreamers. Lastly, she serves on the Arizona Center for Disability Law s Protection and Advocacy Council for Individuals with Mental Illness and the U.C. Davis School of Law s Immigration Law Clinic Alumni Council. Janet A. Napolitano Larry A. Hammond w w w. a z b a r. o r g / A Z A t t o r n e y Janet Thomas A. W. Napolitano Pickrell JANET A. NAPOLITANO and the HONORABLE LAWRENCE F. WINTHROP received the award, which is presented to an individual who has contributed enormous effort toward the furtherance of the president s goals and priorities during the president s term in office. Hon. Robert L. Gottsfield 44 A R I Z O N A AT T O R N E Y S E P T E M B E R w w w. a z b a r. o r g / A Z A t t o r n e y w w w. a z b a r. o r g / A Z A t t o r n e y JANET NAPOLITANO was sworn in on January 21, 2009 as the third Secretary of the Department of Homeland Security. MICHAEL Prior to joining C. CUDAHY the Obama Administration, Napolitano CRIMINAL was mid-way JUSTICE through AWARD her second term as Governor of the State of Arizona. While Governor, Napolitano became the first woman to chair the National Governors Association, where she was instrumental in creating the Public Safety Task Force and the Homeland Security Advisors Council. She also chaired the Western Governors Association. Napolitano previously served as the Attorney General of Arizona and the U.S. Attorney for the District of Arizona. Napolitano s homeland security background is extensive. As U.S. Attorney, she helped lead the domestic terrorism investigation into the Oklahoma City Bombing. As Arizona Attorney General, she helped write the law to break up human smuggling rings. As Governor, she implemented one of the first state homeland security strategies in the nation, opened the first state counter-terrorism center and spearheaded efforts to transform immigration enforcement. Napolitano graduated from Santa Clara University in 1979, where she won a Truman Scholarship, and received her Juris Doctor in 1983 from the University of Virginia School of Law. After law school she served as a law clerk for Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit before joining the law firm of Lewis and Roca. Hon. Randall M. Howe Lawrence Janet A. Napolitano F. Winthrop JUDGE WINTHROP currently the Chief Judge of Division One of the Arizona Court of Appeals. He was appointed to the court by Governor MICHAEL Hull in C CUDAHY Judge Winthrop CRIMINAL is a graduate JUSTICE magna AWARD cum laude from California Western School of Law. He was an associate and partner at Snell & Wilmer, doing civil litigation, until 1993, when he founded a small law firm that eventually grew to 25 lawyers by His early practice involved all types of civil litigation, ranging from tort defense and workers compensation to probate and state tax controversies. He developed a specialty of representing medical professionals in malpractice cases and licensing issues, and concentrated his professional efforts in that area for the last 10 years of practice. Judge Winthrop is currently vicechair of the Commission on Judicial Conduct, and chair of the Arizona Supreme Court s Attorney Discipline Probable Cause Committee. He is a past-president of the Arizona Association of Defense Counsel and a past-president and current Board member of the Arizona Foundation for Legal Services and Education. He is a member of the Arizona Judicial Council, the state-wide Commission on Technology and the Attorney Regulation Advisory Committee. In 2012, Judge Winthrop was recognized by the Arizona Supreme Court for his years of service in working to improve public trust and confidence in the Arizona judicial system. Hon. Kent E. Cattani fall 2013 the public lawyer 9 40 A R I Z O N A AT T O R N E Y S E P T E M B E R w w w. a z b a r. o r g / A Z A t t o r n e y

10 awards appointments, promotions, scholarships and new positions 2013 ARIZONA PROSECUTING ATTORNEYS ADVISORY COUNCIL (APAAC) ANNUAL AWARDS FELONY PROSECUTOR OF THE YEAR (LARGE JURISDICTION) NICOL GREEN has been a prosecutor at the Pima County Attorney s Office for approximately 12 years. She has worked in many different units in the office, but has developed an expertise in domestic violence and homicide prosecutions. She is currently assigned to the Cold Case Unit, where she works closely with law enforcement to solve old homicide cases. Nicol tried five felony trials last year, including a capital case that lasted six weeks. The trial resulted in guilty verdicts and two death sentences. In addition to her trial work, Nicol dedicates a significant portion of her time to helping less experienced attorneys in the office with their cases. Her input and expertise is valued by her peers. GREEN FELONY PROSECUTOR OF THE YEAR (SMALL JURISDICTION) This past year, Deputy Yavapai County Attorney SCOTT BLAKE demonstrated his ingenuity and resourcefulness in an unprecedented way that has made Yavapai County a safer place. When confronted with the ever-changing molecular structures of spice and bath salts, thus allowing manufacturers to skate around Arizona s laws prohibiting dangerous synthetic drugs, Scott devised a unique approach using the public nuisance abatement statute. Thanks to Scott s creative and enterprising way of thinking, the Yavapai County Attorney s Office was able to obtain Temporary Restraining Orders, Preliminary Injunctions, and in December 2012, Permanent Injunctions against the sellers of Spice and Bath Salts in Yavapai County. With the assistance of his paralegal, Scott worked hard to interview and obtain affidavits from over one hundred community members elucidating for the court the incredible harm caused by the synthetic drugs. Scott s outside the box tactic was absolutely crucial in containing the incipient epidemic in Yavapai County of spice and bath salts. APPEALS PROSECUTOR OF THE YEAR Deputy Pima County Attorney JACOB LINES has been a prosecutor with the Pima County Attorney s Office for five years. He has been the supervisor of the Appellate Unit at the Pima County Attorney s Office the entire time he has been with the office. As the supervisor of the Appellate Unit, Jacob helps trial prosecutors research emergency legal issues in their cases, helps respond to defense special actions, initiates State s special actions in the face of adverse rulings, and initiates State s appeals in appropriate cases after the Court has suppressed evidence in a pending case. Jacob is often relied on by his fellow Deputy County Attorneys to assist in important legal arguments in their cases, and is looked to as an expert in several areas of criminal prosecution. Not only do those he works with rely on his expertise, but others in the community recognize his expertise as well. Jacob has lectured on statewide trainings on appellate practice, and consistently receives praise for his lectures and presentations. BLAKE LINES The Arizona Prosecuting Attorneys Advisory Council honored the following prosecutors with its annual awards, which were presented at the Summer Conference in Tucson, Arizona on August 1, the public lawyer fall 2013

11 awards appointments, promotions, scholarships and new positions 2013 ARIZONA PROSECUTING ATTORNEYS ADVISORY COUNCIL (APAAC) ANNUAL AWARDS JUVENILE PROSECUTOR OF THE YEAR Deputy Yavapai County Attorney TANAAZ WHEELER ably handles a heavy caseload consisting of approximately half of all of the juvenile delinquency cases filed in Yavapai County. In addition, Tanaaz reviews and makes charg-ing decisions on approximately half of the juvenile referrals submitted by law enforcement agencies for review, handles juvenile appeals in the Arizona Court of Appeals, and prosecutes misdemeanors in the Seligman Justice Court. A prosecutor who goes the extra mile and tenaciously advocates for the victims of crimes committed by juveniles, she also takes a personal interest in the success of the kids she has prosecuted, following their accomplishments long after a prosecution has concluded. Tanaaz is respected by the judges, juvenile probation officers and law enforcement officers with whom she works on a daily basis who describe her as conscientious, responsible, pleasant, and firm but fair in her handling of cases. WHEELER 2013 MISDEMEANOR PROSECUTOR OF THE YEAR In six years, HEATHER ZAPATA, an Assistant Tucson City Prosecutor, has developed into a natural innovative leader and go-to person. She discusses cases and trial strategies with everyone, willingly sharing scripts and case law. She enjoys training new lawyers and law students. She interviews, selects, and supervises summer interns. She organized a project with interns to develop a DUI notebook which became our DUI training manual. Heather trained two new attorneys on trials. She taught file organization and preparation, plea offers and case evaluation, and pretrial work including interviewing victims and talking to unrepresented defendants. Heather has conducted numerous trials and evidentiary hearings. She participated in creating the new DUI plea offer guidelines and drafted the new plea deadline policy. She willingly volunteers to work on committees and is a team player. She planned the Administrative Professional Day breakfast. ZAPATA RISING STAR PROSECUTOR OF THE YEAR In February of 2012, Deputy Yavapai County Attorney RACHEL HEINTZ joined the Yavapai County Attorney s Office as an entry level prosecutor and has quickly demonstrated her outstanding advocacy skills, her excellent legal research and writing abilities, and her enthusiasm for prosecution. Assigned to prosecute misdemeanor criminal offenses in three justice courts, Rachel rose to the assignment with zeal and initiative. Within less than a year, Rachel was moved to a felony position where she continues to excel, handling not only her caseload but seeking opportunities to second chair serious felonies, initiating a county financial crimes task force, and instructing her peers on the finer points of the 4th Amendment and GPS tracking in a post-jones world. Rachel does all of this with gusto and a strong sense of teamwork. HEINTZ The Arizona Prosecuting Attorneys Advisory Council honored the following prosecutors with its annual awards, which were presented at the Summer Conference in Tucson, Arizona on August 1, fall 2013 the public lawyer 11

12 awards appointments, promotions, scholarships and new positions 2013 ARIZONA PROSECUTING ATTORNEYS ADVISORY COUNCIL (APAAC) ANNUAL AWARDS DAVID R. WHITE AWARD FOR VICTIM ADVOCACY Deputy Maricopa County Attorney RACHEL MITCHELL has been a prosecutor for 20 years. For the past 17 years, she has prosecuted sex crimes and child abuse cases and currently serves as the Bureau Chief of the Sex Crimes Bureau. Rachel has been active in the drafting, reviewing, and lobbying of legislation to protect children who are victims of sexual and physical abuse. She is known throughout the state by law enforcement, medical professionals, advocacy center personnel and other prosecutors, as well as private organizations such as churches, as a leader in the child abuse and sexual assault communities. Rachel s efforts encompass the true spirit of victim advocacy in that she not only responds to crimes that have been committed, but, through her prosecution, teaching and legislative work has prevented children and others from being victimized. MITCHELL LIFETIME ACHIEVEMENT IN PROSECUTION BETH ANDERSON, a Deputy Pima County Attorney, graduated Magna Cum Laude with a 4.0 GPA from Arizona State University. She joined the Pima County Attorney s Office after graduating second in her class from the ASU College of Law in Ms. Anderson is currently assigned to the Narcotics Unit, where she prosecutes drug traffickers, most of whom are career criminals. She has also served in the Property Crimes and Vehicular Units. During her career as a prosecutor, she has prosecuted over 300 felony jury trials. Ms. Anderson is one of the most experienced and knowledgeable prosecutors in the office. She serves as a major source of inspiration to all those who work with and know her. She has worked tirelessly throughout her career to honorably serve her community and the citizens of Pima County. ANDERSON W. CRAIG JONES, currently the Chief Assistant Mesa City Prosecutor joined the Mesa City Prosecutor s Office in He has held every position in the office from Student Intern to Interim City Prosecutor and is currently Chief Assistant City Prosecutor. He has accomplished this with professionalism and integrity. In 26 years, Craig tried thousands of cases, supervised tens of thousands of other cases, and filed and supervised hundreds of appeals and special actions. He has mentored more than 150 law students and trained over 30 attorneys. In 2005, one of his appeals was published by the Arizona Court of Appeals. The case, still relevant today, allows prosecutors around Arizona to transfer conflicts openly, ethically, and efficiently. In 1994 APAAC recognized Craig as the first Misdemeanor Prosecutor of the Year. The nomination for that award stated that Craig represented the backbone and heart that keeps our prosecutorial efforts going day in and day out. That statement continues to be true. JONES 12 the public lawyer The Arizona Prosecuting Attorneys Advisory Council honored the following prosecutors with its annual awards, which were presented at the Summer Conference in Tucson, Arizona on August 1, fall 2013

13 awards appointments, promotions, scholarships and new positions 2013 ARIZONA PROSECUTING ATTORNEYS ADVISORY COUNCIL (APAAC) ANNUAL AWARDS LIFETIME ACHIEVEMENT IN PROSECUTION continued Deputy Maricopa County Attorney ANTHONY NOVITSKY is entering his 31st year of prosecution, handling cases on the line to supervising and training attorneys at the municipal and county levels. Over the course of his career, he has conducted from 175 to 200 jury trials and prosecuted cases ranging from parking tickets and barking dogs at the City of Phoenix Prosecutor s Office to vehicular homicides and other violent crimes at MCAO. In addition, over time he has trained multiple generations of prosecutors by helping instruct at APAAC conferences, served on Supreme Court Committees (e.g., serving on The Rule 15 Rewrite Committee from 2000 to 2002, actually drafting the committee comment to Rule 15.1 as it currently appears), instructing at police and fire academies, appearing as a prosecutor guest on radio talk shows, and assisting with the creation of an anti-drinking and driving film called Crossing Deadly Lanes (shown to students in middle schools for many years). NOVITSKY Chief Deputy Navajo County Attorney JOEL RUECHEL is one of those dedicated few who have devoted their life to protecting our communities and preserving our quality of life. Joel has become an institution in the halls of the Navajo County Court House. He is respected by the bench, revered by his co-workers and feared by the defense bar. Joel has attained this lofty status because he conducts his professional and personal life the right way with dedication, commitment and devotion. A number of the young prosecutors in the office have nicknamed Joel the Great Oracle because he seems to know everything. Whenever any prosecutor has an issue they are wrestling with or a trial coming up they make their way to Joel s office. No matter how busy Joel is, he never hesitates to drop what he is doing to spend as much time as needed to work through the issues, whether they be procedural, evidentiary or ethical. RUECHEL The Arizona Prosecuting Attorneys Advisory Council honored the following prosecutors with its annual awards, which were presented at the Summer Conference in Tucson, Arizona on August 1, fall 2013 the public lawyer 13

14 awards appointments, promotions, scholarships and new positions 2013 USAG DISTINGUISHED SERVICE AWARD The following Assistant U.S. Attorneys from the Tucson Division received the Attorney General s Distinguished Service Award for the investigation and prosecution of Jared Loughnerfor the mass shooting on January 8, 2011, that resulted in 6 dead and 12 wounded, including U.S. Rep. Gabriel Giffords. WALLACE H. KLEINDIENST, Senior Litigation Counsel BEVERLY K. ANDERSON CHRISTINA M. CABANILLAS MAY SUE FELDMEIER BRUCE M. FERG KLEINDIENST ANDERSON CABANILLAS 2013 ARIZONA PUBLIC DEFENDER ASSOCIATION ANNUAL AWARDS The Outstanding Attorney Award was presented to ROSA MARIA CORTEZ and ROBERT N. BUSHOR in recognition and appreciation of their commitment to excellence and the provision of high quality legal representation to indigent people. The Lifetime Achievement Award was presented to EDWARD F. MCGEE and GARRETT W. SIMPSON in recognition and appreciation of their careers of dedication and substantial, enduring contribution to quality legal representation for indigent people. 14 the public lawyer fall 2013

15 awards appointments, promotions, scholarships and new positions 2013 ARIZONA PUBLIC DEFENDER ASSOCIATION ANNUAL AWARDS The Robert J. Hooker Award was presented to JAMES NESCI and JOSEPH ST. LOUIS in recognition and appreciation of their exceptional commitment of time, effort and expertise to Arizona public defenders and their clients. ST. LOUIS NESCI The Outstanding Performance Award, given in recognition and appreciation of commitment to excellence and the provision of high quality legal representation to indigent people, was presented to the members of the City of Tucson Public Defender Mental Health Team: DAWN DARKES, ROBERTO GARCIA, SHAROLYNN GRIFFITHS, MARY-CAROL WAGNER and ARTHUR ZARAGOZA. The Rising Star Award, given in recognition and appreciation of commitment to excellence and the provision of high quality legal representation to indigent people, was presented to SARAH ERLINDER, RICHARD RJ PARKER and SARAH BULLARD ASSOCIATION OF PROFESSIONAL RESPONSIBILITY LAWYERS MARK HARRISON received the Charles Kettlewell Legal Ethics Advisor Award from the Association of Professional Responsibility Lawyers (APRL) at a reception in San Francisco on August 15, During the presentation, Harrison was called a true giant in the legal and judicial professional responsibility field, and has been instrumental in assisting APRL and its members in maintaining close ties to the ABA Center for Professional Responsibility. He was referred to as the epitome of a civil, considerate, ethical person of integrity. Harrison is a past president of APRL, and a partner with the Osborn Maledon PA. HARRISON fall 2013 the public lawyer 15

16 awards appointments, promotions, scholarships and new positions THE ARIZONA FOUNDATION FOR LEGAL SERVICES AND EDUCATION (AZFLSE) The AZFLS&E recognized PATRICIA GERRICH for her continued efforts on advancing access to justice in Arizona. Ms. Gerrich is currently the Director of the Volunteer Lawyer s Program for Maricopa County, and she is a tireless advocate for the underserved. Ms. Gerrich is a constant friend, supporter, and partner with the Foundation. The Foundation s cause is her cause, and for that and all the wonderful work she does, the AZFSLE thanked Patricia Gerrich. GERRICH 2013 NEW POSITIONS MICHAEL BAILEY was appointed by the Glendale City Council as the new city attorney on September 3, At the time of his appointment, Mr. Bailey was the Surprise City Attorney, and had previously served as an assistant city attorney for Glendale for five years. Prior to that, he practiced law at Bailey Law Offices in Orange, California, and at the law offices of Susan M. Trager in Irvine, California. He received his Juris Doctor from Chapman University School of Law. He has a master s degree in public administration from American Public University and a bachelor s of science degree in business administration from Chapman University. Mr. Bailey is a current member of the city of Peoria Judicial Selection Advisory Committee and has previously served on the board of directors for West Valley Child Crisis Center. He also was former president of the West Maricopa County Bar Association. He is a member of the International Municipal Lawyers Association, Maricopa County Bar Association and Arizona City Attorney s Association. BAILEY MICHAEL HAMBLIN was hired by the Gilbert Town Council on June 6, 2013 as the town s first inhouse attorney, having contracted with a private firm for decades. Mr. Hamblin worked for the City of Phoenix for 27 years, most recently serving as assistant chief counsel. Mr. Hamblin s background includes work in civil and criminal law, zoning and development, employment law, contracting, public records and oversight of outside counsel in litigation. Mr. Hamblin received his law degree from the University of Arizona School of Law, and was admitted to the State Bar of Arizona in HAMBLIN 16 the public lawyer fall 2013

17 In Memoriam To Our Departed Public Lawyers This section is to honor those public lawyers that have passed away in the months since our last newsletter was issued. They served the public well, and they will be remembered. THE HONORABLE LAUREL EMILY BOUTON SAMMONS FEBRUARY 12, 2013 Retired Commissioner Sammons was born in Berwyn, Illinois on November 19, She was an inspector of crystals for military radios as her contribution to the war effort in WWII. She moved to Tucson AZ in 1942 to attend the University of Arizona, where she graduated in Prior to attending law school, she worked in the home, worked for the University and the Board of Regents and later as a substitute teacher for the Tucson Unified School District. She was a Den Mother, Brownie and Girl Scout leader and was an active member of the PTA. She attended law school with her son Randy and daughter Brooke. They (and her son-in-law David) all graduated in 1978 from the University of Arizona College of Law. She practiced law with her husband Dan, and was a founding member of the Arizona Women Lawyer s Association. She was appointed by the Governor to the Arizona Foster Care Review Board and the Physical Therapy Board. At the age of 60 she was appointed to the Pima County Superior Court Bench as a Commissioner and served for ten years until mandatory retirement. Commissioner Sammons is survived by her son, Randall and his wife, Karen Thompson of Atlanta, Georgia; her daughter, Brooke, with husband David, and her daughter, Dana with husband Lindsay, all of Carson City, and her grandchildren and nephews and nieces. Commissioner Sammons was 89 years old. SHAWN ROBERT LUERAS APRIL 21, 2013 Shawn was born on August 12, 1975 in Anchorage, Alaska. He received his Bachelor s Degree from the University of Alaska Anchorage and his Doctorate of Jurisprudence degree from the University of Arizona School of Law. He served as a prosecutor with the Flagstaff City Attorney s Office, and he took special pride in his cases that brought justice for abused children. He is survived by his parents, Robert and Linda Lueras, his sister, Carmen Donehue, his brother-in-law, Dickson Donehue, his niece, Ivy Donehue and a large extended family. Shawn was 37 years old. GARY KENT NELSON MAY 17, 2013 Former Superior Court Judge and Arizona Attorney General Nelson was born on July 12th 1935 in La Crosse, Wisconsin. His parents moved to Arizona in 1952, and he graduated from Phoenix Union High School in 1953 with honors. He attended Arizona State University, where he played in the marching band and was a member of the ROTC. After graduation, he served in the United States Army Intelligence Service. Afterwards he attended the University of Arizona Law School, where he won the national Moot Court Trial. He graduated near the top of his class. He then served as law clerk for then-chief Justice of the Arizona Supreme Court, Fred Struckmeyer. After a brief time in private, he joined the Attorney General s office in 1962 as a prosecutor. He subsequently was elected to two terms as the Arizona Attorney General, during which time he also served as the President of the National Association of Attorneys General. In 1974, he was appointed to the Court of Appeals by Governor Jack Williams, where he served for four years. He then served as Chief Staff Attorney for the Arizona Supreme Court from 1979 until his retirement in He was active in the community and his church. He is survived by his wife of 53 Years, Juanita Nelson, who he met in St. Louis while he was in the Army. He is also survived by his sons Bradley, Byron, Douglas and Gregory, his surviving brothers and sisters, grandchildren, nephews, nieces and friends. He was 77 years old. continued fall 2013 the public lawyer 17

18 In Memoriam DARRELL FENWICK SMITH JUNE 5, 2013 Former Arizona Attorney General Smith was born in Provo, Utah on Feb. 13, He was born, the eldest son of Walter Fenwick and Eleanor Seegmiller Smith. He graduated from Dixie College in St. George Utah, served in the U.S. Navy, and served a full time mission for the LDS Church in California. Darrell then moved to Washington D.C. where he married Marjorie Ann Hill in While in Washington, Darrell was active in the Naval Reserves and attended the American University Law School, receiving his law degree in He clerked for a judge in the D.C. Municipal Court. In October 1958, he moved his family to Mesa. He practiced law in Arizona for over fifty years, and served as the Arizona Attorney General from He was an active member of the LDS church, serving in many positions, including, scout leader, Bishop, and Counselor in the Mesa West Stake Presidency. In 1981, Darrell and Marjorie were called to preside over the England Birmingham Mission for three years. He later served as a Stake Patriarch. He is survived by his wife, Marjorie, their five children, Wendy Shelley, Becky Woolf, Kevin, Karen Speakman Vance and Teresa Starr, their foster daughter, Sylvia Laughter, 28 grandchildren and 22 great-grandchildren. He was 85 years old. ROBERT BRINEY JUNE 18, 2013 Bob was born in Staten Island, New York on October 5, 1944 to Lucinda and Alonzo Briney. He grew up in Oakfield, New York, attended Alfred University, and graduated from the Arizona University Law School. Upon graduation, he served in the U.S. Army as a Captain in the Judge Advocate General s Corp for four years. Bob founded and served as the director of the Maricopa County Office of the Legal Defender from 1995 until his retirement in Under his leadership, the office grew in size from a few lawyers to several dozen. Bob was a professor of law at ASU, a judge, a tennis champion and President of the Biltmore Greens III-IV Homeowners Association. Bob is survived by his brother Allan Briney, his aunt, Janet Foord, cousins Ellen Behrhorst, Karl Foord, Lynn Foord and David Foord, his niece Carol Briney Nasby and nephew Michael Briney. He was 68 years old. THE REVEREND JANE ALISON TEWS JUNE 22, 2013 Reverend Tews, the Senior Pastor of Dayspring United Methodist Church in Tempe, was born on September 3, 1952 in Oceanside, New York. She received degrees from Nassau Community College (NY), Scarritt College (TN), Claremont School of Theology (CA), and the College of Law at ASU. From Jane served as Associate Pastor for Tempe First United Methodist Church and was also the Director of Campus Ministry at ASU. In her 35 years of ministry, Jane s pastoral appointments also included Christ United Methodist Church, Gilbert First United Methodist Church, Central East District Superintendent, and Dayspring United Methodist Church. Jane served as a part-time Municipal Court Judge for the City of Gilbert from 1989 to Reverend Tews is survived by Karen Van Allen and Megan, Melinda, and Meredith Oechsner; her mother, Ruth (Rickerby) Tews; her sisters Susan Olsen, Laurie Carriger, and Dede Logelin; her niece Kristin Kinsey and nephews Robert DeLeo and Matthew Logelin; and her beloved dog, Mischief. GRAHAM ALEXANDER ALEX TURNER, JR JUNE 27, 2013 Alex was born in Coronado, California, to Graham and Margaret Turner. He received his Juris Doctorate from the Arizona State University School of Law. He was an Assistant Attorney General, where he represented the Early Childhood Development and Health Board, aka First Things First. He also taught night classes on contracts and business law for Glendale Community College. He is survived by Karen, his wife of 28 years, one sister Marilyn Smart and niece Rebecca. He was 57 years old. continued 18 the public lawyer fall 2013

19 In Memoriam THE HONORABLE WILLIAM PATRICK FRENCH AUGUST 26, 2013 Bill was born on March 24, 1931 in Phoenix to Dr. Guy Clifford French and Grace Mary Brothers. At age 7, his family moved to Murphysboro, Illinois, where he completed elementary and high school. Bill was named All-State for football, and chose to accept a football scholarship to the University of Notre Dame to play for Coach Frank Leahy. After college, Bill married his high school sweetheart, Peggy Van Meter. He served in the U.S. Marine Corps, where he attained the rank of Captain, serving on active duty until 1956 and in the Marine Corps Reserves until Bill entered the law school of St. Louis University in 1956 on an academic scholarship and served on the Law Review Editorial Board. Upon graduation from law school, Bill was selected to participate in the U.S. Attorney General s Honors Graduate Program in the United States Department of Justice. He served on the Organized Crime Task Force and participated in the trial and conviction of union organizer Jimmy Hoffa. Bill was a Deputy Special Agent, tasked to enforce what was to become the 1964 Civil Rights Act in Mississippi. At the personal request of U.S. Attorney General Robert Kennedy, Bill served as part of Kennedy s successful Senatorial campaign in In 1965, Bill moved his family to Phoenix to join the litigation team at Kramer, Roche, Burke, Streich & Cracchiolo, which became Streich, Lang, Weeks, Cardon & French. In 1978, Bill was appointed to the Maricopa County Superior Court, where he served with distinction until 1983, when he elected to return to private law practice. In 1988, Bill was selected by the Arizona legislature to investigate and prosecute the impeachment of former Governor Evan Mecham. He then worked in private practice with several law firms until retiring in Bill served on the Phoenix Chamber of Commerce and Law Enforcement Task Force. He was appointed to the Arizona Racing Commission and served for a number of years. He and Peggy served on the board for the Arizona Foundation for the Handicapped. A partial list of Bill s accolades include: 1989 co-recipient of the Public Law Award from Center for Law in the Public Interest; commendation from the Speaker of the Arizona House of Representatives in 1988; 1999 Alumnus of the Year at St. Louis University Law School; 2010 Maricopa County Bar Association Hall of Fame award; a three-time Murphysboro High School Athletic Hall of Fame inductee and a 2011 winner of the National Catholic Educational Association Distinguished Graduate Award from Saint Andrew School. Bill lost his beloved wife Peggy in He is survived by his five children, Shawn, Mary Rylander, Kathleen, Colleen Barlow, and Bridget Peacock, his seven grandchildren and his two great-grandchildren. He was 82 years old. CAMERON KIP HILDING HOLMES SEPTEMBER 29, 2013 Kip was born to Clifford and Ruth Holmes on July 9, 1949, in Grand Junction, Colorado. He grew up in Salt Lake City, Utah and Bartlesville, Oklahoma, and he graduated from Cate School in 1967 and from Harvard University in While working a summer job, Kip met his wife of forty-two years, Julie Doane of Astoria, Oregon. Kip and Julie were married in Portland, Oregon in August Kip was a police officer in Portland while Julie attended graduate school and began her social work career. In 1974, they moved to Washington, D.C., where Kip graduated from Georgetown University Law Center. In 1977, Kip and Julie moved to Phoenix, Arizona, where he began a career as a prosecutor that spanned four decades. He began with the Joint Legislative Task Force on Organized Crime, and then moved to the Maricopa County Attorney s Office Organized Crime and Racketeering Unit. In 1981, Kip joined the Arizona Attorney General s Office, starting with the Organized Crime Project. He served as Chief of the Financial Remedies Section from 1987 to 2008, and thereafter as Senior Litigation Counsel and consultant. In 2010, Kip became the Director of the Southwest Border Anti-Money Laundering Alliance, the result of a multi-million dollar settlement designed to combat money laundering associated with drug and human smuggling. He was the founding member and Chair of the Arizona Forfeiture Association, and he organized an annual Southwest Border Money Laundering Conference. Kip received the Distinguished Public Lawyer Award in 2005 and the Arizona Prosecutor Lifetime Achievement Award in Kip was a leading and unwavering authority on money laundering and asset forfeiture in Arizona and nationwide. Kip authored Arizona forfeiture law, spoke on forfeiture and money laundering in twenty-nine states and internationally, and served as Associate Counsel to the Senate Iran- Contra Committee in Kip gathered and led interdisciplinary teams that were responsible for the seizure of over $100 million returned to fraud victims. Kip is survived by his wife Julie, his son Ryan and daughter Lauren, parents, and siblings Alexander, Sven, Hugh, Kurt, Madeline and Alison. Kip was 64 years old. fall 2013 the public lawyer 19

20 THE PUBLIC LAWYERS SECTION OF THE STATE BAR OF ARIZONA PRESENTS: A CLE EVENT FOR PUBLIC LAWYERS RISING OUT OF THE ASHES LAND DEVELOPMENT POST RECESSION Friday, November 15, :00 4:15 p.m. This training will be informative and useful for lawyers that represent public agencies in land use matters and for private attorneys whose clients work with public agencies on these issues. City Attorneys Perspective Ensuring a Solid Foundation Gary Verberg Susan Goodwin City Attorney, City of Phoenix Curtis Goodwin Sullivan Udall & Schwab PLC Developer Attorneys and Planners Perspective What is Working, What is Not Ralph Pew Nicholas Wood Greg Davis Mario Mangiamele Pew & Lake, PLC Snell & Wilmer, LLP Davis Limited PLLC Davis Limited PLLC The Coyotes Deal Flaming Up Out of the Ashes Nicholas Wood LOCATION: State Bar of Arizona, Phoenix Office CLE Center 4201 N. 24 th Street, Phoenix, Arizona Snell & Wilmer, LLP COST: $49 for Public Lawyers Section Members $129 for Non-Section Members For a full listing of State Bar CLE offerings, please check the Bar s website at and click on the CLECatalog link. 20 the public lawyer This seminar is also available as a Live Webcast May provide up to 3.0 hours of CLE credit fall 2013

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