INSIDE... JULY 2013 n Summer Social Volume 32, Number 7 photos–p. 6 n View Our 100% Club members–p. 8 n News from the www.maricopabar.org court–p. 11 Where The Legal Community Connects NOMinate Now! Secrets of the South Court Tower revealed — Hall of Fame technology and Apple users, take note By Aaron Nash monitors around the courtroom. rooms on this floor have two jury boxes to al- and Member Courtrooms in the SCT were designed with low multiple defendants to be tried to separate The CLE description promised answers victim rooms, where victims can see and hear juries at the same time. of the Year to questions about technology in the state’s the proceedings without being seen and poten- newest, high-tech, $340 million court tow- tially intimidated by those in the public gallery. Compatibility of exhibits and technology Don’t miss this opportunity to In the SCT, the court provides an evi- honor a worthy attorney or judge er. The presenters, Bert Binder and Ken Advance permission to use these rooms is re- Crenshaw, masterfully translated the latest quired, as the judge has to approve the live feed dence cart capable of displaying information in many formats. Be cautioned, however, that by nominating them for the Hall of innovations in courtroom technology into being sent to the rooms. the format of your exhibit (CD, DVD, jump Fame. Also, in an effort to recog- layman’s terms. The first takeaway: Apple The fifth floor of the SCT has the larg- est courtrooms in Superior Court with four drive) might not be compatible with the court’s nize the members who devote an users proceed with caution, as the court’s equipment. technology is PC-based. counsel tables and a room designated just for exceptional amount of their time The CLE was advertised for the South the media to record proceedings, as recently and talent to the Association, the Court Tower (SCT), which was designed observed in the Arias trial. Two of the court- See Secrets of the Sourth Court page 15 profession, and/or the public, specifically for the needs of criminal cas- es, but the court strives to make the same the MCBA seeks candidates for courtroom recording equipment available Member of the Year Award. The throughout the court, as funding allows. Major changes to the local rules deadline to submit nominations for Courtroom technology both the Hall of Fame and Mem- All courtrooms have either audio re- of practice go into effect July 1 ber-of-the-Year is 5 p.m. on July cording or audio/visual recording systems. The Arizona Supreme Court on June 12 page link or go to http://www.azcourts.gov/ Newer courtrooms have assistive listen- issued the amended Local Rules of Practice for Portals/20/2013Rules/R120033Order.pdf 15. Detailed information on both ing headsets available for the parties and the Maricopa County Superior Court, which The amendments are substantial, including awards is available at www.maricop- counsel, video conferencing capabilities become effective on Monday, July 1, 2013. terminology and procedures, especially those abar.org and page 7 of this issue. for remote appearances, remote interpreter You may find a pdf of the complete relating to eFiling. Awareness of the revised capabilities, and evidence presentation document at the MCBA website at www. rules is essential to every lawyer practicing in systems that allow evidence to display on maricopabar.org by clicking on the front the Maricopa County Superior Court. n CourtWatch PAID PRSRT STD PRSRT Phoenix, AZ U.S. Postage Daniel P. Schaack Permit No. 4786 Permit The supreme court takes a day off Alexander’s suspension The Arizona Supreme Court recently is- es, Alexander got more directly involved. miss. Instead, new attorneys stepped in for sued the latest legal ruling arising out of An- Thomas decided to file a civil-racketeering Alexander. They moved to voluntarily dismiss drew Thomas’s tumultuous time as Maricopa or “RICO” suit against the Maricopa County the case, which the court granted. County Attorney. It is the first published rul- Board of Supervisors, even though senior liti- At the State Bar of Arizona’s request, the ing arising from discipline imposed by the gators in the office had advised that the evi- chief justice appointed special outside coun- new disciplinary hearing panel. dence did not support it. Going around those sel to investigate Thomas, Aubuchon, and The panel had recommended that former attorneys, Thomas directed Lisa Aubuchon Alexander. Counsel charged Alexander with Deputy County Attorney Rachel Alexander to file the suit. She did so but soon stepped violations of six ethical rules in connection be suspended for six months and a day. The aside because of a conflict of interest. Alex- with the RICO suit. He also accused Alexan- court agreed that Alexander should be disci- ander took over. der of failing to cooperate with the bar inves- plined, but it reduced the suspension to six Alexander had had no prior trial experi- tigation. months. What a difference that day makes. In ence and knew very little about the rack- After a lengthy evidentiary hearing, the re Alexander, No. SB-12-0039-AP (Ariz. May eteering laws. When the defendants moved hearing panel issued its report concluding that 30, 2013). to dismiss, she drafted and filed responses the state bar had proven all charges against Alexander met Thomas while he was cam- defending the complaint. She then filed an Alexander. It ordered her to be suspended for paigning for county attorney. After the elec- amended complaint, which she had drafted six months and one day. tion, he hired her as a deputy county attor- with input from her supervisor and Thomas. Alexander appealed. In an opinion by Jus- ney. She did not handle cases but helped trial The judge rejected the amended complaint, tice Ann A. Scott Timmer, the supreme court attorneys with nonlegal, behind-the-scenes concluding that Alexander could not file it upheld most, but not all, of the disciplinary work, issuing public information via websites, without the court’s leave, which had not been panel’s rulings. Its differences with the panel social media, and speeches. granted. led it to reduce her suspension. When the Maricopa County Attorney’s Alexander then moved the court either to Timmer first concluded Alexander had Office became embroiled in its controversial reconsider its ruling or grant leave to amend. violated ER 3.1, which prohibits attorneys pursuit of various legal proceedings against The court never ruled on either Alexander’s county supervisors and superior court judg- requests or the defendants’ motions to dis- See The supreme court takes page 15 2 • JULY MARICOPA LAWYER Fairy Tale Brook and share some cinnamon apple fries. In all seriousness, as many of you know, family and work-life balance are very impor- tant to me. And it should be to you too. If you can, get out of town for a day or two, a long weekend, or even set your email to The Official Publication of the “out-of-office” for a week. All attorneys Maricopa County Bar Association need to recharge, and you can never get enough time with the ones you love. EDITORIAL BOARD But if you are like me, even if you are out of the office, you are probably teth- Aaron Nash, Chair It’s July…get out of the office Clerk of the Superior Court’s Office ered to a Blackberry or smart phone that, conveniently, pushes all of those emails to John F. Barwell Polsinelli, PC for a bit and recharge! you. Do yourself a favor and turn off your phone during the day, or at least the email Eda Barolli While the image accompanying this Snell & Wilmer, LLP month’s column is somewhat of a joke, it function. Better yet, leave the phone in a is, after all, July in Phoenix. The heat is typi- drawer at your temporary residence during Brian E. Cieniawski your vacation. Bremer Whyte Brown & O’Meara, LLP cally unbearable and things seem to slow Finally, and you have heard me say this down a bit. Like many attorneys, I plan to Margaret Olek Esler before, if someone asks for an extension or get out of town with my family as much as Fennemore Craig other accommodation during July, do your Jenna Gamble possible this month. First to Iowa to spend best to provide it, if not as a professional Maricopa County Attorney’s Office time with family and friends, and then to a courtesy, then as an olive branch to a better Tamara Herrera little place off the beaten path called “San working relationship between you and your Clinical Professor of Law, ASU Sandra Day Diego.” adversary. If you follow my advice, and get O’Connor College of Law Oh, you’ve heard of it? I guess the per out of the office for a bit, the odds are you Amber Pershon capita population of Arizonans probably will need the same professional courtesy Student Rep – Phoenix School of Law does outpace the locals during the month If anyone is going to be at Legoland during returned to you so you can enjoy your time Meagan Pollnow of July, but hey, we have to go somewhere. the third week of July, let’s rendezvous at away. n Asimou & Associates Daniel P. Schaack Assistant Attorney General, State of Arizona Riley S. Snow Letter to the Editor Law Office of Riley S. Snow, PLC Public Fiduciary Catherine I write in response to the article by Para- Stan Watts legal Division President Sarah Fluke entitled Dohrer & Watts, PLC “Reach out and sue someone,” which ap- Robbins returns to home ground peared in the June 2013 issue of the Maricopa By Lindsey A.