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. Jackson of Probate Matters in 2010. Ex-Officio Members Lawyer. Prior to returning to Phoenix, Robbins It is an unfortunate reality that the attitudes Karen Arra When twenty-one year fiduciary industry served as the public fiduciary for Mohave and thoughts expressed by Ms. Fluke are all Director of Media Relations veteran Catherine Robbins took the helm County for 10 years and was named Mohave Superior Court of Maricopa County too prevalent in our society. Plaintiffs’ lawyers at the Maricopa County Public Fiduciary County Employee of the Year in 2010. By are easy targets of those who consider profits MCBA President (MCPF) Office in January, it was a welcome returning to take over the MCPF, she adds yet to be more important than people. Despite all David E. Funkhouser III homecoming. Robbins previously served another feather to her cap. the propaganda and misinformation spewed Quarles & Brady, LLP as the estate administration manager for the Although she is not an attorney, she is the against those of us who represent injury vic- MCBA Executive Director MCPF from 2000–2002. first non-attorney to hold such a position in tims, our role in society remains critical. Allen W. Kimbrough “I have a daughter who lives here, so to recent years. “I didn’t know this opportu- Why? Because we preserve justice and Board Liaison have the opportunity to be close to one of my nity could possibly come up, and so when hope for those who cannot fight alone. Comr. Keelan Bodow children again was a very big perk in making it opened, I thought I would give it my best Through the Rule of Law--that magnificent Maricopa County Superior Court the decision to return,” Robbins explained. shot,” she added. concept that guarantees equal access to justice Staff Editor An Arizona licensed fiduciary and national The MCPF provides guardianship, con- for everyone (the downtrodden and elite Isolde Davidson master guardian, Robbins accumulated an im- servatorship, decedent services, and court- Director of Membership & Communications alike), we are able to vindicate wrongs for pressive list of credentials during her previous ordered investigations for vulnerable adults those who otherwise would have nowhere to tenure in Maricopa County. These include de- to ensure their estates and well-being are turn. The Maricopa Lawyer is published monthly on veloping and implementing the first statewide sufficiently protected. It has been said, “True, we build no the first of each month and mailed to members fiduciary certification program in the nation Despite her previous experience at the of the Maricopa County Bar Association, 303 bridges. We raise no towers. We construct no as certification manager for the Arizona MCPF office, Robbins has assumed her new E. Palm Lane, Phoenix, AZ 85004-1532. Please engines. There is little of all that we do which send address changes to the MCBA at the Administrative Office of the Courts in 1997 role with a sense of urgency and purpose. above address or to cquinonez@maricopabar. the eye of man can see. But we smooth out and an appointment to the Committee on These qualities illustrate why the Maricopa org or (602) 257-4200. The MCBA website is at difficulties; we correct mistakes; we take up Improving Judicial Oversight and Processing www.maricopabar.org and pdf copies of past other men’s burdens and by our efforts we See Meet Public Fiduciary page 12 issues are available for viewing. Please send editorial submissions to Isolde Davidson at make possible the peaceful life of men in a [email protected]. The editorials and peaceful state.” other views expressed in the Maricopa Lawyer We all should be proud to work in a justice Simply a higher standard of broker representation are not necessarily those of the Association, its system that allows all citizens the right to officers or its members. Advertising rates and in- seek redress for the harms and losses caused Pending formation are also available from Karla Durazo Ÿ at [email protected] or (602) 257-4200. by others. Articles that trample on this right Residential Grayhawk should not be condoned by an organization Ÿ Commercial 4786686 GIVE US YOUR OPINION Ÿ Short Sales $535,000 The Maricopa Lawyer welcomes letters to the like MCBA. Ÿ editors or opinion pieces for publication. Scott I. Palumbo Probate & Trust Sold! Letters and opinion pieces should be typed and Ÿ Private Sales available if preferably submitted electronically. Opinion Palumbo Wolfe & Palumbo Desert Mountain pieces are limited to 1,500 words and letters to discretion is desired 4472405 700 words, and the editors reserve the right to $2,310,000 reject submissions or condense for clarity, style and space considerations. Letters must be signed KEEP UP WITH Lara Chubaty, PLLC Sales Associate, REALTOR® & Attorney to verify authorship, but names will be withheld FACEBOOK AND TWITTER JD (Juris Doctor) CSSN (Certified Short Sale Negotiator) upon request. Authors of opinion pieces will CPRES (Certified Probate Real Estate Specialist) have their names published. Letters and opinion 7310 N. 16TH ST. #180 pieces should be mailed to: Isolde Davidson, PHOENIX, AZ 85020 editor, Maricopa County Bar Association, 303 E. Palm Lane, Phoenix, AZ 85005-1532. Find out about the “goings on” at the MCBA. Office (480) 525-4042 Cell (480) 502-7875 Phone: (602) 257-4200. Watch videos, peruse event photos, and stay up to [email protected] Fax: (602) 257-0405. speed with upcoming CLE and programs. Email: [email protected]. Plus, find promos that can help you save on CLE! MARICOPA LAWYER JULY • 3 Hatfields, McCoys, and eFiling: A decade of adventure of go-getters began eFiling documents in civil their retirement timetable to the progress of records center nearly became a fire hazard cases that had not been designated for eFiling mandatory eFiling. with boxes stacked two-deep and five-high or that were meant for family court, probate, A number of those who weren’t interested throughout the hallways and conference and and other matters where eFiling was not al- in retiring or eFiling attended a CLE the Clerk’s break rooms. lowed (including some documents meant for Office conducted in 2009 called “eFiling for The options were to build another build- justice courts). the Panicked and Unwilling.” This course ing (not really an option) or reduce the A victim of its own success, the Clerk’s Of- covered basic concepts like word processing paper. The situation in the records center fice walked a precarious line of encouraging software, how to name and upload documents didn’t ease until eFiling was incorporated, Before getting into the specifics of a decade enthusiastic eFilers while letting them know for the eFiling environment, characteristics scanned images were designated as the of- of eFiling, remember the events that were oc- their documents couldn’t be accepted in cases of different internet connection speeds, how ficial record, and the Clerk’s Office obtained curring in 2002 and 2003: The world still felt or divisions that weren’t set up to receive them. much memory a computer should have, email authority to shred paper. the emotional and financial impacts of Sep- During the last ten years, eFiling was imple- providers available in the market, and options Reflecting on the last ten years of eFil- tember 11; the Dow Jones closed at its lowest mented through the Clerk’s eFiling Online sys- for scanners. ing, scanning, the electronic court record, and level in five years (7,286.27); a tragedy occurred tem in a single division or with a few judicial Peter Swann, then a Superior Court judge, other advances and efficiencies through tech- as the Space Shuttle Columbia re-entered from officers in a case type. The filing parties were was an early adopter of eFiling and, after nology, it’s clear that the legal community, the orbit; the governor of California’s tenure was normally allowed, but not required, to eFile working with a pilot group of attorneys, or- court, and the Clerk’s Office did this together. terminated after a total recall; and in less-re- and a few adventurous lawyers and individuals dered eFiling for all attorneys with civil cases Early adopters of the changes tested the membered news, the Hatfields and McCoys would be early adopters of the change. Once assigned to his division. systems and processes and gave feedback. signed a formal truce. eFiling proved its stability and viability, judicial Beginning in 2005, and as an offshoot of Firms and individuals upgraded their technol- officers anxious to move beyond paper would Older technologies ceased, including pro- working with the firms in the pilot program, ogy and most people got new software, went order attorneys to eFile in cases before them. duction of the last “old” Volkswagen Beetle. the Clerk’s Office travelled to law firms, to training, and learned through trial and er- In this way, eFiling expanded relatively New technologies were introduced, including paralegal groups, and conducted CLEs at the ror. Clerk’s Office employees managed pa- slowly, being piloted in a few judicial divisions version 1.0 of Mozilla, the open-source soft- Clerk’s offices and with bar associations over per and electronic processes simultaneously in one or two case types at a time before being ware that produced the Firefox web browser. the next few years to train thousands in the and guided attorneys and legal support staff And it was in 2003 when the Clerk’s Office more available throughout a case type. After eFiling’s start in complex cases, its journey con- legal community about eFiling. Training ma- through the processes, often while learning it and Superior Court implemented eFiling in terials for multiple case types are still online themselves. Maricopa County. tinued with pilots in criminal and general civil cases starting in 2005; permissive eFiling with a on the Clerk’s website and from AZTurbo- Through the persistence of time, eFiling is eFiling began as a pilot project in complex Court. a fact of modern-day practice. Soon enough civil litigation cases and filings were submitted few judges in family court in 2007; available in The Clerk’s Office didn’t pursue eFiling be- remote access to records will improve and oth- through LexisNexis File and Serve, a third- Tax Court in 2011; and accessible in all family cause it was “the next thing.” The paper situa- er needs and changes will keep “modern-day party vendor. Soon after, the Clerk’s Office court divisions since 2012. implemented an in-house eFiling system called Today, the majority of criminal case docu- tion in the Clerk’s Office was dire. The Clerk’s practice” an evolving reality. Like the relations eFiling Online, which is still in use for three ments are eFiled through the Clerk’s eFiling records center was built to last for ten years between the Hatfields and McCoys, some will case types. Online system by the Maricopa County At- of population and filing growth but was filled reach a truce with technology. And the Clerk’s Mandatory eFiling in complex civil cases torney’s Office and Indigent Defense. In gen- to capacity in fewer than four years. Once the Office will continue to help those who might was implemented by an 11-page Superior Court eral civil cases, attorneys were permitted to space designated for records was filled, the always be panicked and unwilling. n Administrative Order. eFilers were required to eFile through the Clerk’s system beginning in file, serve, and accept service through the eFile 2005 and have had mandatory eFiling through system, and signing-in to the eFile system with AZTurboCourt since February of 2011. The a vendor-issued user ID and password consti- Clerk’s Office processed its one millionth eFil- tuted the filer’s eSignature. ing in October 2011. eFiling was originally limited to some civil While some judges and attorneys were im- Start Here. and criminal cases. It was permissive in crimi- mediately ready and willing to move forward nal cases, and in civil cases, attorneys had to with eFiling, not everyone was so eager. Some receive a minute entry stating eFiling was avail- judges, attorneys, legal support staff, and court able in individual cases. Nonetheless, a group employees unabashedly admitted to anchoring Go Anywhere.

CORRECTION The article, “New Glendale AZ Justice Center meets multiple social service-related Paralegal Studies Program at needs” in the June 2013 Maricopa Lawyer was written by Steven D. Keist, Phoenix College not by Gwen Kemnitz. We regret the error. Train to become a paralegal in a program that offers quality instruction with real world JULY 2013 Calendar applications. Know All events at MCBA Office,unless • ABA-Approved otherwise specified. • Day and evening courses Someone • Affordable tuition maricopa Editorial Board meeting • Fully accredited 1 5:15 p.m. • University transfer options Who’s Not • Experienced attorney and paralegal Supreme Court Review 2013 instructors 2 8:30 a.m. a Member? • Financial aid available for those who qualify ASU Walter Cronkite School of • Conveniently located near the downtown Journalism legal community Membership is now 555 N. Central Ave, Phoenix Call (602) 285-7777 or email Paralegal Division Board meeting [email protected] 50% 8 5:30 p.m.

MCBA Executive Committee meeting Visit us at off! 11 8:00 a.m. www.phoenixcollege.edu/legalstudies Call Cynthia at Maricopa Editorial Board meeting 1202 West Thomas Road PC Downtown (602) 682-8584 Phoenix, AZ 85013 640 North 1st Avenue MCCCD is an 29 www.phoenixcollege.edu Phoenix, AZ 85003 EEO/AA institution. 5:15 p.m. 602.285.7800 602.223.4051 to join or visit GO FAR, CLOSE TO HOME. Please watch your MCBA E-News for updated www.maricopabar.org Chandler-Gilbert Community College • Estrella Mountain Community College • GateWay Community College • Glendale Community College • Maricopa Skill Center • Mesa Community information about meetings and events. College • Paradise Valley Community College • Phoenix College • Rio Salado College • Scottsdale Community College • South Mountain Community College • SouthWest Skill Center 4 • JULY MARICOPA LAWYER Litigation Section members meet and mingle

Section members met up at O.H.S.O. at the end of May to enjoy their annual social. From left are Susie Martinez, Cody Hayes and Talia Offord, secretary of the section. Scott Hulbert, section vice chair, and Mike Minneaugh. Lindsay Schafer and Section Chair Matt Meaker.

student loans he had an accumulated by 1997. He assumed senior status on December obtaining a law degree from Willamette Law 31, 2011, but continues to regularly hear cases School. and perform other duties. Legal Briefs The bankruptcy court discharged all but approximately $30,000 of the graduate’s Ninth Circuit contributes opinions to new By Meagan Pollnow the Court. $85,000 student debt. The district court online repository In Maryland v. King, the Court held (5-4) in reversed based on its de novo review of The U.S. Court of Appeals for the Ninth U.S. Supreme Court: Federal law an opinion authored by Justice Kennedy that the record. The Ninth Circuit reinstated the Circuit recently joined other federal courts governing federal employee life insurance when officers have probable cause to detain bankruptcy court’s ruling on the basis that and government agencies in a new system that policy preempts state law and hold a suspect suspected of a serious district court erroneously adopted the wrong provides free access to official documents from The U.S. Supreme Court recently ruled that offense, swabbing the cheek of the suspect for standard of review (de novo instead of clear all three branches of the U.S. government. federal law controls a designated beneficiary’s DNA testing and analysis is reasonable under error) of the bankruptcy court’s determination. The Government Printing Office’s Federal right to retain the proceeds of a federal the Fourth Amendment. The bankruptcy court ordered the partial Digital System, or FDsys, is an Internet-based employee’s life insurance policy even when that The majority compared a DNA cheek discharge of the graduate’s student debt after repository of information from Congress, beneficiary is the decedent’s former spouse. swab to fingerprinting and photographing finding that he had made efforts to maximize the executive branch and the judiciary. So In Hillman v. Maretta, the former spouse as a legitimate “booking procedure” and in employment and that even after three attempts far, FDsys has collected 695,000 federal of a deceased federal employee was the keeping with improvements to technology and to pass the bar, a law license would not court decisions, including more than 2,750 designated beneficiary of his federal employee materially improve his financial situation given life insurance policy, governed by the police investigative practices which make it published opinions recently contributed by possible to match a suspect’s DNA to evidence the current economic climate for new lawyers. the Ninth Circuit Court of Appeals. Federal Employees’ Group Life Insurance Act The Ninth Circuit concluded it was not (“FEGLIA”). The terms of FEGLIA provide that of violent crime. Court decisions are available here: http:// While the Court did not authorize the clearly erroneous for the bankruptcy court to www.gpo.gov/fdsys/browse/collection. the proceeds of the life insurance policy shall conclude that the graduate had engaged in wholesale practice of testing and retaining a action?collectionCode=USCOURTS be paid to the designated beneficiary above “good faith” efforts to repay his student debt. suspect’s DNA, it did not define what constitutes The Ninth Circuit is one of eight appellate anyone else who may have a claim. Full opinion can be found at http://cdn. a “serious” crime to permit the sampling of a courts now enrolled in the FDsys. Nineteen The former spouse (they divorced in 1998, ca9.uscourts.gov/datastore/opinions/2013/ suspect’s DNA to determine whether suspect district courts and 24 bankruptcy courts are the deceased remarried four years later) 05/22/12-35258%20web%20-%20corrected. can be linked to past unrelated crimes. applied for, and collected the proceeds of the pdf?utm_source=feedly currently participating with five more courts insurance policy. The deceased’s widow sued The Maryland DNA Collection Act at scheduled to come online later this month the former spouse under Virginia state law, issue in the case did not permit the addition Senate Confirms Judge Charles R. Breyer after FDsys completes a system upgrade. which permits an action to collect the proceeds of a suspect’s DNA to the database before the to Serve on U.S. Sentencing Commission Besides being free, FDsys offers advanced of a life insurance policy by a person who suspect was arraigned and the act provided The Senate has confirmed President search capabilities not available from other would be entitled to the proceeds under state that any DNA sample must be destroyed if the Obama’s nomination of Senior District Judge federal court online resources. Most notably, law. Virginia’s law provided that a designation defendant was not convicted. Charles R. Breyer of the United States District users can conduct searches across multiple of a spouse as a beneficiary is deemed to be Scalia, in his predictably scathing dissent, Court for the Northern District of California, to courts, rather than having to search records stated that the act of DNA sampling when serve as a commissioner of the U.S. Sentencing revoked upon divorce. from one court at a time. Complex searches there is no basis for believing the person is Commission. Confirmation came by voice The Court held that FEGLIA’s provisions can be conducted using metadata attached guilty of a prior or other crime amounts to a vote on June 6. governing designated beneficiaries preempted to the files. Once an opinion is located, suspicion-less search in violation of the Fourth Judge Breyer, 71, who has chambers in state law and that Virginia’s law could not associated opinions and published orders also Amendment. Scalia likened the act and use of San Francisco, is the first federal judge from be used to sue the former spouse who had can be quickly obtained. Digital signatures DNA sampling to a British “general warrant” the Ninth Circuit to serve on the USSC, received the proceeds of the life insurance embedded in the files assure users that the policy lawfully under FEGLIA. In other words, or warrant unlimited in scope or application in an independent body within the judiciary documents users download are authentic. the decedent’s designated beneficiary of a practice during the founding. responsible for developing guidelines that The FDsys collection of court records federal employee’s life insurance policy is Full opinion can be found at http://www. prescribe a range of sentences for federal dates back to April 2004, though searchable entitled to the proceeds of the same regardless supremecourt.gov/opinions/12pdf/12-207_ judges to use in criminal cases. Judge Breyer electronic files for some courts may be of his or her subsequent divorce. d18e.pdf. succeeds U.S. District Judge Ruben Castillo of incomplete for earlier years. The Ninth Circuit Full opinion can be found at http://www. the Northern District of Illinois. Ninth Circuit permits partial discharge of Nominated to the federal bench by opinions date back to January 2008, shortly supremecourt.gov/opinions/12pdf/11-1221_ law graduate’s student loan debt 7l48.pdf. President Clinton, Judge Breyer has served on before the court migrated to a fully electronic In Headlund v. Educational Resources Inst., the Northern District of California court since case management and filing system. n U.S. Supreme Court: Suspects of serious the Ninth Circuit (three-judge panel) ruled that crimes must submit to DNA sampling the bankruptcy court did not err in granting a DNA sampling is similar to fingerprinting partial discharge to a law school graduate who, and therefore, does not violate the Fourth after three attempts, failed the bar and could Amendment according a narrow majority of not afford to pay the more than $85,000 in MARICOPA LAWYER JULY • 5

mar and style guides agree; these guides allow a To split or not to writer to split a verb phrase or infinitive to aid a reader’s comprehension. Most guides suggest placing an adverb after split: A guide to the first “helping” verb in a phrase, as shown by the following example: placing adverbs The plaintiffs have unjustly been enriched by the award. I suggest thinking about word placement as matter of persuasion. What word does the writer intend to emphasize to the reader by The family law free-for-all using the adverb? If the answer is “enriched,” then the adverb will do a better job of per- The nature of the practice of family law to give a legal decision-making or parenting suading if it appears before the word being is very fluid. Rarely do I encounter a family time preference to that parent.” A.R.S. § emphasized. law case that ends with the same set of 25-403(7). The plaintiffs have been unjustly enriched by the facts that it began with. Invariably some- Therefore, without going outside of Occasionally, a legal writer will ask me a award. thing occurs between the parties to change the family court case, a litigant is afforded question that takes me back to the sixth grade If the answer to the question is that the the dynamic. some protection from false allegations. where I remember standing at a chalkboard writer intends to emphasize the adverb itself, One of the more challenging issues to However, the downside is that this provi- diagramming sentence after sentence. Where then the best placement for the adverb is at the handle in a family law matter is a false al- sion may act as a deterrent to a party with a to place an adverb is precisely one of those end of the verb phrase. legation of criminal conduct proffered by a serious concern. questions. The plaintiffs have been enriched unjustly by the party to leverage a position. I acknowledge Another long-standing option for fam- In sixth grade, I was taught to put the ad- award. that there are many circumstances in which ily law litigants is a request for attorney’s verb at either the beginning or the end of the Another option is for the writer to pull out criminal allegations in a family law matter fees from the court based on the oppos- entire verb phrase or infinitive. Thus, a proper the adverb, change it to an adjective, and place are legitimate. Furthermore, at all times, ing party’s unreasonable litigation posture, sentence would look like the following (the ad- it in its own short sentence. these allegations must be taken seriously e.g., false allegations. Pursuant to A.R.S. § verb is underlined): The plaintiffs received a two-million dollar award. and thoroughly analyzed. 25-324, a party may request an award of The plaintiffs unjustly have been enriched by the This award is unjust. Therein lies the crux of the problem– attorney’s fees if the court finds that the award. A writer can then use this short sentence as a persuasive tool by repeating it as a theme or no matter the legitimacy of the claim, the opposing party maintained unreasonable This sentence does not sound right when as a transition from one argument to the next. court and the parties must spend pre- positions: read aloud, and the adverb separates the sub- I am just glad that I no longer have to diagram cious resources investigating the claim “The court . . . after considering the ject from the verb, which can hinder a reader’s these possibilities! n and presenting evidence because the risk financial resources of both parties and the comprehension. Fortunately, the newer gram- of exposing a victim to more harm is too reasonableness of positions each party has great. However, in circumstances of false taken throughout the proceedings, may allegations, the question then becomes: order a party to pay a reasonable amount to Is there any relief for the litigant that has Advertise in the Maricopa Lawyer and reach more than the other party for the costs and expenses been falsely accused of criminal conduct? of maintaining or defending any proceed- 3,500 attorneys and other legal professionals. The answer to that question is a resound- ing “yes.” ing under this chapter . . . .” Like A.R.S. § (602) 257-4200 One of the most common areas of 25-403(7), this involves a highly fact inten- family law where there are false allegations sive analysis by the trial court. of criminal conduct are cases involving A third option for litigants is to bring child custody (now referred to in Arizona a separate civil suit against the opposing as legal decision-making authority). The family law litigant. Appropriate claims may allegations can range from sexual abuse include breach of fiduciary duty or defama- to driving while under the influence of tion. However, important considerations alcohol. for this route are the lengthy and often The Arizona Legislature made several cost-prohibitive nature of a civil suit for amendments to the child custody statute the average person. that became effective Jan. 1, 2013. One Additionally, the timing could be tricky such change seems to directly address the in assessing the statute of limitations and issue of false allegations. the termination of the marital community Under what is commonly referred to (if a divorce matter) and any associated as the best interest of the child statute, a litigation privilege. Like any case, the key is family law litigant may be penalized for to thoroughly document the events. That knowingly misleading the court: “Whether way, the client has the requisite evidence one parent intentionally misled the court to to proceed with a legal strategy that may cause an unnecessary delay, to increase the provide the relief or recompense they need cost of litigation or to persuade the court due to the damage of a false allegation. n

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Contingency Fee Splitting available in compliance with Ethical Rule 1.5(e) 6 • JULY MARICOPA LAWYER Diversity Committee’s Summer Social hits record attendance

MoniQue Simpson, Jon Hasabe and attorney Barbara Rodriquez Pashowski enjoy the Summer Social for interns, externs and law students last month. Bar leaders also attended to meet the up- and-coming attorneys

Jason Thomas meets MCBA board member Lyzzette Bullock.

MCBA President David E. Funkhouser III greets Kate LaFosse, Sara Gonski and Jayme Weber. Past president Chas Wirken talks with Matthew Meehan.

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Our forensic accounting and investigation professionals have over 60 years of experience investigating and uncovering acts of nancial fraud. We can help you build a stronger case. DIVORCE, FAMILY LAW, COLLECTION • Asset Misappropriation • Financial Statement Fraud • Contractor Fraud • Connict of Interest Daniel J. Siegel • Bribery and Corruption • Breach of Fiduciary Duty Arizona State Bar Certified Specialist in Family Law Call Chris Linscott today for a free consultation! Daniel J. Siegel, P.C. Attorney at Law 1617 E. Pinchot, Phoenix, AZ 85016 602-274-1099 • [email protected] Keegan, Linscott & Kenon, PC Certiied Public Accountants www.ARIZONADIVORCELAWYER.com Certiied Fraud Examiners Certiied Insolvency & Restructuring Advisors 33 North Stone Avenue • Suite 1100 • Tucson, Arizona 85701 • (520) 884-0176 • www.klkcpa.com MARICOPA LAWYER JULY • 7 Hall of Fame Nominations Sought for 2013

The Maricopa County Bar Hall of Fame Selection Committee is now seeking nominations for 2013. The committee expects to select Hall of Fame Inductees 2008-2012 inductees from the broad diversity of lawyers in the county. The deadline for submissions is July 15, 2013. PIONEERS (all deceased) Hall of Fame Criteria The Maricopa County Bar Hall of Fame will recognize Maricopa Dr. John Alsap Herbert B. Finn Hon. Frank H. Lyman County attorneys who have practiced for at least 10 years and who A.C. Baker Greg Garcia Hon. Ernest McFarland have: Alice Birdsall Hon. William Hancock Wing F. Ong n Played prominent and important roles that have had an impact Frank Haze Burch Richard F. Harless Hon. John C. Phillips on the history and development of our local bar and the legal Jubel Early Craig Leon S. Jacobs Francis J. Ryley profession; Hon. Walter E. Craig Hon. Joseph Kibbey Hon. Richard E. Sloan n Made significant or unique contributions to the law or the ad- Amelia Dietrich-Lewis Hon. A.D. Lemon Hon. Rawghlie Stanford ministration of justice; and/or Rafael (Ralph) Carlos Estrada Anita Lewis George J. Stoneman n Demonstrated significant leadership, advocacy and accomplish- ments in service to the community or the profession. MODERN ERA Please note that nominees from previous years will not automati- Hon. Rebecca Albrecht Larry A. Hammond Hon. Sandra Day O’Connor cally be re-considered for 2013. You are, however, invited to re-submit Jerry L. Angle Mark I. Harrison Frank A. Parks a previous nominee with complete information as noted below. Bruce Babbitt William F. Haug Willard H. Pedrick* Submission Requirements Roxana C. Bacon Hon. Michael Daly Hawkins Hon. Cecil B. Patterson, Jr. n Full name of nominee, including date of birth (and death, if Peter D. Baird* Ed Hendricks, Sr. Hon. Robert W. Pickrell applicable): Hon. Rebecca White Berch Tom Henze Hon. William H. Rehnquist* n A brief statement or summary of nominee’s significant qualifica- Hon. Charles C. Bernstein* Edward “Bud” Jacobson* Philip A. Robbins tions and achievements (about 100 words or less). John J. Bouma Robert W. Browder Curtis A. Jennings* Paul M. Roca* n A detailed biographical description of nominee. The commit- Jack E. Brown* William R. Jones, Jr. Elias M. Romley* tee relies on the information supplied by the nominator(s), so Jose A. Cardenas Michael K. Kennedy Hon. Mary Murphy Schroeder comprehensive information is important. Supporting letters from Walter Cheifetz Sen. Jon Kyl Richard A. Segal others are also welcome. Hon. Valdemar A. Cordova* Orme Lewis* Kenneth J. Sherk n A photograph, preferably in color, submitted in electronic jpg Daniel F. Cracchiolo Rodney B. Lewis Frank L. Snell, Jr.* format as an attachment to email. Harry J. Cavanagh, Sr.* H. Jerry Lewkowitz Charles T. Stevens* Hon. Hayzel B. Daniels* Hon. Lorna E. Lockwood* Harvey E. Streich* Where to Submit Nominations Paul F. Eckstein William J. Maledon Gary L. Stuart Nominations will be accepted by mail, email or through the MCBA John J. Flynn* Alan A. Matheson Hon. Thomas Tang* website. For mail or email, please use the form on this page, or you John P. Frank* Hon. James E. McDougall Hon. James A. Teilborg may download the form from the website or use the website’s elec- Hon. William P. French Joseph E. McGarry Ted F. Warner tronic form: www.maricopabar.org Michael L. Gallagher Hon. Ruth V. McGregor John H. Westover Forms should be mailed or emailed to: Laurie Williams, Hall of Samuel P. Goddard, Jr.* Patrick J. McGroder III Hon. Jean Williams* Fame, Maricopa County Bar Association, 303 E. Palm Lane, Phoenix, Hon. Frank X. Gordon, Jr. Hon. Robert D. Myers Mark Wilmer* AZ 85004-1532. Phone: (602) 257- 4200. Email: lwilliams@maricop- Hon. Robert L. Gottsfield Hon. Janet Napolitano abar.org. * Deceased Maricopa County Bar Hall of Fame 2013 nomination form Use this form or go to www.maricopabar.org

NAME OF NOMINEE ______(include birth date and date of death, if applicable): 1. Please attach a detailed biographical description of nominee 2. Please write a brief statement or summary of nominee’s significant qualifications and achievements (100 words or less) here, or attach it to this form as a separate document: ______*The selection committee relies upon the detailed bio to make a decision. Also separately, please send a photograph (optional) in jpg format, as an attachment to email. NOMINATION SUBMITTED BY Name:______Firm/Employer:______Address:______City:______State:______Zip:______Telephone:______E-mail:______DEADLINE FOR SUBMISSION IS JULY 15, 2013 Submit to: Laurie Williams, Hall of Fame, Maricopa County Bar Association, 303 E. Palm Lane, Phoenix, AZ 85004-1532. Email: [email protected] n Phone: (602) 257-4200 n Website: www.maricopabar.org 8 • JULY MARICOPA LAWYER Meet Our 100% Club Members for 2013 And if you’re not a club member, you’re invited to join! The Maricopa County Bar Association is pleased to endorse its 100% Club members in this issue of the Maricopa Lawyer. These firms have made a commitment to the bar association and its work on behalf of the local legal profession and the public by assuring membership to all of their attorneys.

The 100% Club also confers special privileges to its member firms: convenient one-payment dues billing, firm name listed on a plaque in the bar’s lobby; yearlong listing on the website and weekly E-News, media promotion; 5% discount to firm members on selected CLE programs; and a free promotional advertisement in this issue.

100% Club invitations are now being issued for 2014 and all firms with five or more members are invited to join. Contact Cynthia at (602) 257-4200 or at [email protected] for more information or to become a member.

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One Renaissance Square Two North Central Avenue Phoenix, Arizona (602) 229-5200 www.quarles.com 10 • JULY MARICOPA LAWYER Oh no, your hard drive is failing! What to do next All hard drives eventually fail – it is a symp- what a computer can do without accessing disk and the saved data. Hard crashes are the permanently unrecoverable. tom of aging mechanics to wear down, and programs from a disk. This could be the result user’s worst nightmare, mainly because they If the information is not critical, but is de- modern computers are no exception, though of a few things: often mean that the disk is completely and ir- sired, you may attempt to recover the data on thanks to computer viruses or user error, they n user error, such as deleting or overwrit- reparably broken, resulting in the permanent your own. There are several programs (Data may not even get the chance to go gracefully. ing an important file, partition, or other loss of all data on that hard drive--thus, the Recovery Professional, Wondershare Data Re- Unfortunately, because hard drives hold data registry component(s); importance of turning off the computer im- covery, and Prosoft Data Rescue, to name a in addition to performing physical tasks related n a computer virus which causes data cor- mediately and taking it to an expert. few) that can assist you in retrieving the data. to data entry and preservation, the first thing to ruption from an outside source; There’s another type of physical failure, They range in cost from about $30 to over flash through a user’s mind when a hard drive n defective media, which could write data too: electronic failure. Electronic failure can $300, depending on the size and scope of the fails is all the data that was held in the hard drive onto the wrong part of the disk, thus befall any hard drive, new or old, at any time, issue at hand. If you are positive the issue is a that now refuses to work properly. corrupting it; due to a faulty component or incorrect in- logical failure, then this may be your best (and That can include documents, photos, vid- n or even an electrostatic charge coming stallation. Electronic failure can also pop up cheapest) bet. If the failure could be electronic eos, and virtual address books, in addition to from common causes of large amounts due to improper ventilation of the comput- or physical, do not chance data loss by using sensitive data related to client files and per- of static electricity, or from sources like er--electronics are very sensitive to extreme one of these programs, and do not try to read sonal information. And that’s not even going old or outdated electrical outlets. temperatures, and not allowing the heat from data from or repair bad sectors with data re- into how the client feels when they learn of within the computer to escape properly can covery software, as this will result in perma- Physical failure the compromised data. lead to many issues, not the least of which is nent data loss. Physical failure means that at least one Statistically, a hard drive failure rate of less disk components losing their proper shape physical part of the hard drive is not func- Conclusion than 1% is cited by hard drive manufacturers. (essentially melting). tioning correctly – this could be the effects of If you are attempting to salvage the data Yet according to a recent study conducted by aging, or it could be a manufacturer’s defect. Dealing with data recovery failure on your own, be careful not to use system Carnegie Melon University computer scien- Some types of physical failure merely mean The first thing to do after a hard drive software in an attempt to repair the disk un- tists, the actual average rate of failure is 2-4%, less you can afford complete data loss. System that the disk cannot be read by the mechani- failure is assess how critical the information and under certain circumstances the hard software like Chkdsk is made to repair the sys- cal arms that glide over the hard drive’s plat- contained on the drive is. If any of the infor- drive failure rate could go as high as 13%. tem, not preserve and retrieve the data on a ters to retrieve information. This could mean mation can be considered critical, then im- However, there are several ways to deal damaged system. the arms are malfunctioning but that the data mediately contact a data recovery specialist, as with data recovery failure. Before we get into Executing system software will almost as- is safe. If you hear unusual clicks or grind- they will be able to ascertain whether or not how to fix the problem, though, it can help to suredly overwrite (and thus, erase) any and ing noises coming from your computer, then the information can be salvaged based on your define why the drive failed in the first place. all data on a damaged drive. Again, the best power it down immediately by removing the specific situation. There are two very different types of hard way to handle data recovery – especially if power cord from the outlet, or by pressing the One thing to remember, though, is never drive failure—physical and logical. the data on the failed drive is critical – is to power button. attempt to power up a system that has suf- call a professional. They will be able to break Logical failure Unusual noises could mean you’re ex- fered fire, water, or vandalism damage. Al- down your particular situation to find the best Logical hard drive failure means that the periencing a “head crash,” which is when at ways take cases like this to a professional. chance of data recovery. n mechanical properties of the hard drive drive least one of those mechanical arms is making Trying to start up the computer outside of cannot be accessed by your computer’s BIOS, physical contact with the disk’s rotating plat- a clean environment may obliterate the disk’s This article is from whitepapersweekly.com and is which is the built-in software that determines ter rather than gliding over it, damaging the magnetic layer, rendering the data on the disk reprinted with permission.

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Need a top-tier mediator or arbitrator outside of Arizona? Please visit our free national database of 800 premier neutrals at www.NADN.org/directory MARICOPA LAWYER JULY • 11 INSIDE THE COURTS Mikitish and Adelman appointed Judge Gottsfield named Outstanding to Superior Court by Gov. Brewer Jurist by State Bar of Arizona Joseph Patrick Mikitish and practice involves the representa- Judge Robert Gottsfield Dispute Resolution Commit- Jay Ryan Adleman have been ap- tion of the Arizona Department is the State Bar of Arizona’s tee (which has since become a pointed to the Maricopa County of Environmental Quality on James A. Walsh Outstanding section). Superior Court by Gov. Jan Brewer. a variety of environmental is- Jurist Award recipient. Judge Judge Gottsfield’s commu- “Personally and profession- sues pertaining to the state. In Gottsfield received the award at nity service includes more than ally, Joe is a stand-up individual this capacity, his responsibilities a state bar luncheon last month. 35 years of involvement with with the demeanor and legal ex- include litigation and appeals; Judge Gottsfield has served the Arizona Youth and Govern- pertise fitting for a judgeship,” general counseling; administra- with distinction for 32 years as said Gov. Brewer. “The legal tive, open meetings and public a Maricopa County Superior ment Program of the YMCA. Joseph Patrick Mikitish Judge Robert Gottsfield acumen he has developed from records law; and supervision and Court judge, including service He was a founder of the working on complex environ- training. as the presiding judge of Family Phoenix University Club and, mental law issues – coupled with Previously, he practiced at Court from 1981-83. Though mandatorily more recently, the Maricopa County Justice an extensive background in both Beshears Muchmore Wallwork retired in 2005 at age 70, he has continued to Museum and Learning Center. the private and public sectors – (2000-01); served as an assistant serve as a full-time pro tem judge. Upon his The James A. Walsh Outstanding Jurist will lend a unique and valuable attorney general at the Arizona official retirement, he received the Outstand- Award is presented to the judge whose career voice to the bench. I’m confident Attorney General’s Office (1996- ing Jurist Award from the Phoenix Chapter exemplifies the highest standards of judicial he will serve Maricopa County 2000); worked for Fennemore of the American Board of Trial Advocates. conduct for integrity and independence; who with dignity and integrity.” Craig (1992-96); and served as A prolific and influential author, he has is knowledgeable of the law and faithful to it; Joseph Mikitish has worked an Arizona Supreme Court Clerk written more than 130 law-related articles for who is unswayed by partisan interests, public for the Arizona Attorney Gen- Jay Ryan Adleman (1991-92). numerous publications—15 published in the eral’s Office since 2001 and has past three years. His writings have contrib- clamor or fear of criticism; who is patient, served as unit chief since 2007. His current See Mikitish and Adelman page 13 uted to the improvement of the judiciary and dignified and courteous to all who appear management of the court system. In 1988, before him; and who endeavors to improve he was given the Continuing Legal Education the administration of justice and public Award from the State Bar of Arizona, where understanding of, and respect for, the role of Probate Court receives top honor he was also a co-founder and chair of the law in our society. n After three years of comprehensive re- trators and court staff that helped transform form, Maricopa County Superior Court’s Pro- Probate Court. During the last three years, bate Court has positioned itself as one of the Probate Court developed a new case man- top probate courts in the nation. agement protocol with case differentiation, Court seeks friendly faces The National Association of Court Man- expanded use of ADR, created a new ac- A friendly face is reassuring, especially Murray, Public Access to Court Services agement (NACM), the largest organization of countability court, improved communication when you’re lost. administrator for the Maricopa County court management professionals in the world, and information flow between administrative The Maricopa County Superior Court is Superior Courts. awarded Superior Court’s Probate Court with oversight personnel and judicial officers, and seeking volunteers who will serve as Court Court Ambassadors should be outgo- the 2013 Justice Achievement Award. implemented public education programs and Ambassadors and help guide Maricopa ing people who are interested in our court Superior Court Presiding Judge Norman videos. County residents through the sprawling system and physically able to walk the Davis said, “It is clear that over the past few “The reform and innovations made by the Downtown Phoenix Court Complex. Court court. Volunteers will need to complete a years the Maricopa County Probate Court has Probate Court could not have happened with- Ambassadors are volunteers whose mission four-hour orientation. They should also be experienced significant reform and innovation out the support and dedication of everyone in is to roam the Court and provide visitors available to volunteer for at least a two-hour under the able leadership of Probate Presiding the department. They not only implemented with faster, easier and more informed ser- timeframe per week from Monday through Judge Rosa Mroz. these changes, they embraced them.” said Pro- vice wherever the visitors are. Friday from 8 a.m. to 5 p.m. Due to the “The process of improvement is by its bate Presiding Judge Rosa Mroz. “The court can be an intimidating and importance of the court environment, nature perpetual, and the Maricopa County The Court will accept the award at the confusing place to navigate. While we as volunteers will need to successfully pass Superior Court has always, and will continue NACM Annual Conference on July 15. court staff do our best to help ease the fear background checks. Bus passes and free to, strive for excellence in providing the pub- The Justice Achievement Award was es- and confusion, we can’t be everywhere at parking are available for volunteers. lic with the best judicial system possible. My tablished in 1988 to recognize outstanding once and unfortunately can’t provide the If you are interested in becoming a sincere thanks to all who were – and are – in- achievement and meritorious projects that en- personal touch of walking someone from court ambassador, please contact: Jennifer volved in the Probate Court system improve- hance the administration of justice. In 2010, point A to point B. This is why the court Murray at murrayj006@superiorcourt. ments and other reform initiatives.” the Maricopa County Superior Court received created this unique opportunity for the maricopa.gov, 602-506-3464 or complete The award recognizes the tremendous ef- a Justice Achievement Award for the re-design public to be involved in the Court’s exciting an interest form on the court’s website at forts made by the judicial officers, adminis- of its CASA website. n and fast-paced environment,” said Jennifer www.superiorcourt.maricopa.gov. n

High Profile Verdicts: Then and Now Court Hosts Students Superior Court hosted a group of 7th graders from the Arizona School for the Arts for a Law Day event. The students participated in discussions about Law Day and conducted a mock trial in which the Harry Potter character Severus Snape was charged with the murder of Albus Dumbledore. Students serving as jurors were unable to reach a verdict, causing a mistrial. Later that afternoon, the students posed with Superior Court Judges on the Old At left, a crowd gathers outside the Old Outside the South Court Tower following the Courthouse steps for a photo. Law Courthouse in 1932 for the Winnie Ruth Judd announcement of the State v. Jodi Arias verdict in Day 2013 fell on the same day as the verdict. 2013. Annual Bench Photo. 12 • JULY MARICOPA LAWYER Giving Lawyers the Business: New Public Fiduciary Catherine Robbins Quarles & Brady sends partners back to school continued from page 2 Firm chairman John W. Daniels Jr. added, Two dozen partners at the law firm of clients, Ostermeyer proposed the Partner “The times have demanded some significant County Board of Supervisors chose her for Quarles & Brady, including Phoenix-office Development Program to firm management changes in the way outside firms practice law. the appointment. lawyers Jessica Franken and Leezie Kim, re- and then worked with the faculty at the Men- Mike’s proposal struck us as so obvious that we “I didn’t come down here thinking it cently earned a Certificate in Executive Man- doza School to design the curriculum. knew immediately it was a wise investment.” would be a walk in the park or that I didn’t agement through a nine-month Partner De- “The Partner Development Program was Designed in a cohort format, much of the have to still work really hard to make the best velopment Program. designed to (1) significantly increase partners’ future for my staff and the industry,” she The program, developed in concert with ability to think both strategically and tacti- program was conducted online in order to allow the attorneys to continue their full-time duties says. And she has done just that in the several the Mendoza College of Business at Notre cally; (2) improve problem-solving skills with months that she has been in her new role. Dame University, consisted of a mix of quan- a combination of qualitative tools, quantita- at the firm--but there were several multiday resi- dent sessions conducted at Notre Dame’s Chi- Shortly after taking office, Robbins titative and qualitative courses typical of a full tive tools, and business models; and (3) pro- initiated what she terms a “paradigm shift MBA program, designed to impart knowledge vide critical perspectives in the key elements cago campus and on the university’s South Bend in practices” after observing that many of of the financial, marketing and management of graduate business curriculum,” said Oster- campus as well. her staff guardians and conservators were environments in which most legal clients op- meyer. Topics included statistics, economics, strate- erate. “At the end of the day, it’s all about show- gic marketing, financial accounting, operational relatively inexperienced. Robbins has placed Quarles & Brady conceived the program ing clients that you understand what keeps budgeting, investment and finance, competitive more focus on training and providing staff a after partner Michael J. Ostermeyer com- them awake at night, that you know what to analysis, pricing strategy, leadership develop- better foundation by allowing flex scheduling pleted the Executive MBA program at Notre do about it, and that they can trust you with ment, negotiations, problem solving, and deci- and requiring attendance at all-staff training Dame in 2011. Recognizing the potential their back. If you can speak to them in their sion making, among others. There were both events two days a month. value in raising the “business I.Q.” of the own language, it goes a long way toward build- individual assignments and group projects to In fact, when asked about her favorite part partnership as a means to better serve firm ing that relationship.” complete along the way. of the new position, Robbins replied without A number of business programs have been pause, “my staff. My staff is really wonderful, created to educate lawyers, but the developers of it’s just a delight to come to work each day.” Celebrating eleven years the Mendoza College program believe it is the Improving communication with the staff only one designed specifically for partner-level was also a key focus of her shift of office in private practice! attorneys. practices. “They have survived a lot of ad- Quarles believes law schools will eventually ministrations before me and keeping people adjust their curricula to meet this professional abreast of changes coming down the line need, and that associates can be brought up to reduces some of the fear of the unknown,” Leah Pallin-Hill speed in the business-centric environment that she said. Mediation & Arbitration Services, PLLC the firm is cultivating. But the firm felt there was “I aspire to some pretty great things and I an immediate need to equip its partnership with have staff that are buying into those concepts Former Superior Court Commissioner/Judge Pro tem the tools necessary to deliver the level of service and philosophies. They are eager, too, for sta- demanded by today’s clients. bilization and change, provided it makes for a 97% + settlement rate in over 1500 cases “Quarles and Brady believes all its lawyers better future for us and our clients.” Out of court resolution for civil/family court matters should be lifelong students,” said Leezie Kim, The biggest challenge since undertaking one of the Phoenix participants. “This custom- her new position? Getting acclimated to life in the big city. “I had forgotten what it’s like 2375 E. Camelback Rd., Ste. 600, Phoenix, AZ 85016 ized program, taught by nationally recognized scholars at Notre Dame, was an extended MBA to live in a city,” Robbins chuckled. “The first 602-387-5323 n [email protected] boot camp that put the Quarles lawyers in the couple days I realized that just because the www.leahpallinhill.com shoes of our business clients, experiencing the arm opens at the [parking] garage exit, that challenges they face every day.” n doesn’t mean you can just pull out onto the sidewalk, because people walk by—I mean, I didn’t hit anybody, but there is a lot of stimuli at first.” Add to that adjustment the fact that her office manager resigned during Robbins’ first week in office, leaving her to learn the ropes alone. “I could tell you some pretty funny stories about what I went through just trying to negotiate daily living,” she laughs. Looking ahead, Robbins has set lofty goals for the MCPF office, including reducing the MCPF’s caseload by emphasizing the need for alternatives to guardianship But her cur- rent focus is stabilizing the referral intake and appointment process. As a result of the large number of courts throughout the county, the MCPF office receives many case refer- rals under circumstances that aren’t always appropriate. “We can’t be all things to all people and do it well with limited resources and newly- trained staff,” Robbins explains. “For us to succeed, we have to decide what it is this community and this court needs from our office, and then do that really well.” n

Lindsey Jackson joined Gammage & Burnham in January 2012 and practices in estate planning, probate, federal tax and succession planning for small and medium size business owners. She received her JD, magna cum laude, from the ASU Sandra Day O’Connor College of Law, where she was a William H. Pedrick Scholar and CALI Award winner for real estate tax planning. MARICOPA LAWYER JUNE • 13 Volunteer Lawyers Program Thanks Attorneys VLP ATTORNEYS OF THE MONTH The Volunteer Lawyers Program thanks the following attorneys and firms for agree- ing to assist on 23 cases referred by VLP to help low-income families. VLP supports pro DV Mentoring Program benefits bono service of attorneys, by screening for financial need and legal merit and provides pri- mary malpractice coverage, donated services from professionals, training, materials, men- tors, and consultants. Each attorney receives a certificate from MCBA for a CLE discount. from dedication of two VLP attorneys For information about ways to help, please contact Pat Gerrich at VLP at 620-254-4714 or in a positive way.” [email protected]. By Peggi Cornelius, VLP Programs Coordinator She said the learning ex- perience with Hamilton was Adoption Jeremy M. Goodman Howard I. Sobelman Among the reasons they enjoyable, and she believes the Tawnia Rae Wienke Goodman Law Snell & Wilmer feel compelled to provide pro ‘partnering’ aspect of the pro DeShon Pullen Thomas A. Morton William Staudemaier bono representation to clients bono assignment makes it much & Associates Sole Practitioner Snell & Wilmer referred to them by the Volun- less daunting for attorneys who teer Lawyers Program (VLP), may fear they don’t have the Valerie Costa Christina S. Hamilton explains, Bankruptcy Sheedy-Converse Home Ownership necessary knowledge to help in “Helping people who could Christina S. Hamilton this area of law. Kellen W. Bradley Sheedy Converse James T. Braselton otherwise not afford representa- Sole Practitioner Bruce M. Squire Dickinson Wright Dissolution proceedings, tion, I learn something new ev- particularly those involving Shirley K. Fobke Bruce Squire Law Mariscal Weeks ery day because this population Jeffrey A. Scudder custody disputes and allegations Sole Practitioner has unique and varied issues I of abuse, can be protracted Domestic Violence/ (2 Cases) Teresa K. Starrs don’t necessarily encounter in matters that are physically and Family Law Snell & Wilmer Law Office of my private practice.” And Mela- emotionally draining for all par- Teresa K. Starrs Crystal E. Knysh Patrick B. N. Solomon nie V. Pate says, “I realize my ties. Perhaps what sustains the Olga Zoltnik Franks Sheldon & Houser Sanders & Parks assistance could be life changing commitment and enthusiasm Sole Practitioner Jana D. Weltzin Scott H. Zwillinger for someone.” Hamilton and Pate show for this Franks Sheldon & Houser Goldman & Zwillinger Hamilton and Pate have each Melanie V. Pate pro bono work is the balance been honored as recipients of Consumer they’ve created between their VLP’s “Attorney of the Month” award, for Brian M. Blum Guardianship of Other Housing personal and professional lives. Incapacitated Adults outstanding participation in the Domestic Both women are happy wives and moth- Neeley Law Firm David C. Auther Violence Mentoring Program. The DV Marsha Goodman Law Office of ers, with children who range in age from 9 to Mentoring Program is coordinated by the 21 years old. Both are also engaged in com- Court Advisors Sole Practitioner David C. Auther Avon Program for Women and Justice at munity activities, taking on leadership roles for Children Eric W. Messinger the O’Connor House, Community Legal on committees, planning groups, and boards, in Family Court Sole Practitioner Services, and the VLP. in organizations ranging from the State Bar Annette M. Cox Richard B. Siever In her work at Lewis and Roca, Pate’s of Arizona to the Arizona Family Planning Law Office of Rural/Metro Corporation practice is primarily devoted to employment Council. Annette M. Cox and labor law. When she learned of the Pate speaks with pride of being a ‘true DV Mentoring Program, she volunteered Arizona native,’ having been born in the to co-chair the firm’s pro bono activities in Village of Grand Canyon, being raised in **PRO BONO SPOTLIGHT ON CURRENT NEED** support of the program and to serve as a Lawyers and paralegals who speak Spanish are needed to assist low-income families. Flagstaff, attending college in Tucson, and mentee, as well. raising her family in Phoenix. Her family’s Hamilton is an experienced family law at- shared interests are sports and outdoor time torney at The Cavanagh Law Firm. “I wasn’t with their red golden retriever. excited about family law when I accepted my When Hamilton speaks of her decision first employment as an attorney at the firm to attend law school, she playfully mentions that was then O’Connor, Cavanagh, Ander- encouragement from high school and col- Mikitish and Adelman appointed to Superior Court son, Westover, Killingsworth and Beshears. lege instructors who “told me I should be a continued from page 11 “But, after a few years of practice in a va- lawyer, as I am ‘very argumentative’.” riety of areas, family law peaked my interest On the serious side, she relates how Mikitish has served as a director and offi- dition to his broad legal expertise, Jay brings most and has been my exclusive focus for 25 clients inspire her. “I will never forget the cer for the following organizations: Maggie’s to the bench public and private sector back- years,” she said. “Since joining the VLP in homemade dinner a client brought me to Place, a non- profit that provides homes for ground, as well as a deep appreciation and re- 1994, I’ve accepted many pro bono cases and take home to my family, or the battered homeless pregnant women; Arizona Bridge spect for the rule of law. He will be a tremen- been gratified by helping victims of domestic woman who sat with dignity and respect to Independent Living, a group that provides dous asset to the Maricopa County Superior violence ensure the safety of their children before the court during hearings where her programs and services for people with disabili- Court.” and their prospects for the future.” abuser and his family repeatedly said vicious ties; and St. Thomas Moore Society, an orga- Adleman has been serving as a Maricopa Hamilton mentored Pate as they assisted things about her.” nization in which legal professionals share and County court commissioner since 2011. In this a pro bono client seeking dissolution of her Pro per litigants outnumber those who promote faith and high ethical standards. capacity, he presides over juvenile court mat- marriage to an abusive spouse in an effort to are represented in family law matters. By He is widely-acclaimed and recognized ters involving delinquency and dependency-re- protect their disabled child. At the conclu- being among the first to participate in the for his legal and volunteer work. His awards lated issues. His legal background also includes sion of the case, Pate described her first Domestic Violence Mentoring Program, include: Arizona Business Journal’s 40 Under criminal law in both prosecution and defense experience in a VLP family law case much Hamilton and Pate have greatly helped 40 (2002); Phoenix Mayor’s Award – Commis- roles, insurance bad faith, wrongful death and the way Hamilton does, saying, “It was very individual clients, and done equally important sion on Disability Issues (2002); the Attorney commercial litigation. gratifying to assist the client with starting a work by demonstrating the power of col- General’s Office – Rising Star Award (2005) Prior to serving as a court commissioner, new life after many years of marriage. It felt laborative efforts to address the needs of a and Public Advocacy Division Outstanding Adleman worked for Jones, Skelton & Hochuli good to know we’d helped her move forward larger population. n Lawyer Award (2012); and recognition as one (2006-11); the Maricopa County Attorney’s of Arizona’s Finest Lawyers (2011). Notably, Office (2001-06); Teilborg, Sanders & Parks Mikitish assisted with the implementation of (1999-2001); and as a clerk for the Arizona the Help America Vote Act (HAVA). Court of Appeals (1998-99). Mikitish graduated magna cum laude from During his time with the Maricopa County University of Arizona Law School (1991). He Attorney’s Office, he twice received the Trial “Weed and Seed” program, an initiative to Arizona Board of Regents Scholarship all four received a Bachelor of Science in Business Ad- Division Attorney of the Month Award in improve the Roosevelt School District com- years. He has been licensed to practice law in ministration from the University of Arizona 2004 and 2005. He also was appointed by the munity. He is currently a member of the Arizona since 1998. (1988), where he served as a student regent his office to a special task force designed to im- University of Arizona Alumni Association; Mikitish’ appointment was made to fill the senior year. He has been licensed to practice prove gun-related prosecutions (2003-05). Jewish Federation of Greater Phoenix; and vacancy created by the retirement of Judge Mi- law in Arizona since 1991. In addition to his professional back- is an avid supporter of the Humane Society. chael R. McVey. The appointment of Adleman Of Jay Adleman, Governor Brewer said: ground, Adleman has played an active role in Adleman graduated cum laude from Uni- was made to fill the opening created by the ap- “Jay’s trial and litigation experience spans a the community. He participated in National versity of Arizona Law School (1998). He pointment of Judge Eddward P. Ballinger, Jr., wide variety of areas, including criminal law, Adoption Day (2011-12) and was a member received a Bachelor of Arts from the Univer- to the U.S. Bankruptcy Court for the District juvenile law and commercial litigation. In ad- of the local U.S. Department of Justice’s sity of Arizona (1995), where he earned an of Arizona. n 14 • JULY MARICOPA LAWYER classifieds To place a classified ad, please e-mail [email protected] or call (602) 257-4200.

Services LEGAL RESEARCH – HIGH QUALITY, thoughtful, thorough, 30 years experience & 15 years trial at- The Maricopa Lawyer invites members to send news of moves, promotions, honors and special events to post in this space. torney, in Arizona. 480-432-9874 . $20/hour. Photos welcome. Send your news via e-mail to [email protected]. INSURANCE EXPERT WITNESS, Robert E. “Bob” Underdown: Bad Faith Expert, Agent/Broker Stan- percentage of minority partners. According to the Margaret LaBianca, an dards, Coverage Opinions, Industry Standards, HONORS & AWARDS attorney and shareholder with Life Insurance Suitability, Risk Management, overall scorecard results, 13.9 percent of lawyers www.insurance-expert.com 480-216-1364 Roxanne K. Song Ong, chief at the nation’s largest firms in 2012 were minority Polsinelli, has been elected to the presiding judge of the Phoenix lawyers. At Bowman and Brooke, 19.1 percent of Arizona Investment Council (AIC) EXPERT WITNESSES - Title Insurance and Escrow. Municipal Court was honored the firm’s total attorneys are minorities, up from 18.3 Board of Directors. LaBianca More than 40 years professional experience. as the 2013 Judge of the Year by Founder or co-founder of a number of Title Agen- percent for 2011. brings to the board extensive expe- the Arizona Supreme Court for Margaret cies. Gregory A. Mihelich, Sr. 602-618-6878 or Bowman and Brooke had the fifth-highest rience in energy, natural resources, her outstanding contributions by LaBianca and environmental regulatory [email protected] percentage (tied with one other firm) of minority Roxanne K. Song improving public trust and confi- compliance, utilization of public lands, and strategic Ong dence in the Arizona court system. partners in the survey, at 17.9 percent. Nine partners LEGAL RESEARCH – LITIGATION SUPPORT. PER- development. SONAL INJURY/MEDICAL MALPRACTICE. EXPE- Judge Song Ong was also the recipient of the 2013 of the firm’s management committee are either LaBianca will serve a two-year term. “We are minorities or women RIENCED ATTORNEY. CALL CLIFFORD HEINEY, Asian Pacific Community in Action Award for the excited to have Margaret join the board. Her com- ESQ. (480) 510-9524 outstanding work she has accomplished in the field Gust Rosenfeld announces that mitment and knowledge in the field of energy and of law, diversity, and particularly for her contributions natural resources will bring additional strength to the 38-YR LITIGATOR, returning from medical leave, appellate and trial lawyer Charles to the Arizona Asian Pacific American community. board as we work to carry out the objectives in our will work contract for $70, pleadings/motions/de- “Chas” Wirken has been elected pos/hearings/research/appeals/etc. 480-621-7368 Channel 8 PBS profiled Judge Song Ong at http:// 2013 strategic plan” said Gary Yaquinto, president www.asset.asu.edu/new/makers/ as part of the to membership in the American and CEO of the Arizona Investment Council. OFFICE SPACE local series “Makers: Arizona” in conjunction with a Law Institute (ALI). ALI is the LaBianca is the current chair of the State Bar OFFICE SPACE AVAILABLE AT 7TH ST. & THOM- leading, independent organization national PBS documentary called “Makers: Women Charles “Chas” of Arizona Environmental and Natural Resources AS RD. Executive Suites, Virtual Offices and Large Who Make America.” Wirken in the United States producing Law Section and past chair of the Maricopa County standalone offices. Executive Suites include full scholarly work to clarify, modern- Bar Association Environmental Law Section. In service reception, kitchen, conference rooms, The University of Arizona James E. Rogers ize and otherwise improve the law. He joins 65 other 2012, she was recognized as one of the 50 Most copy machine, security system. Large standalone College of Law honored alumnus Michael R. King, distinguished Arizona judges, law professors and Influential Women in Arizona Business and ranked offices: 1,230 sf, 1,750 sf and 2,252 sf. 777E. with the Distinguished Alumnus Award at a College Thomas Road 602-722-4251. lawyers in receiving this prestigious honor. by Chambers USA: American’s Leading Lawyers of Law Convocation ceremony on May 10. King for Business in the category of Environmental. She NORTH CENTRAL LUXURY OFFICES with secre- is a founding partner of the law firm Gammage & Wirken has served as president of the State Bar earned her BA from Simmons College, her MA from tarial space, smaller offices available. Large and Burnham, which is celebrating its 30-year anniversary of Arizona, the Maricopa County Bar Association, and the East Valley Bar Association. He currently Columbia University, and her JD from the University small conference rooms, kitchen, cable, quiet this year. According to the College of Law Interim street, covered parking. North of Bethany at 714 serves as a delegate to the American Bar Association of Arizona James E. Rogers College of Law magna Dean Marc Miller, “Mike’s sustained commitment to cum laude. East Rose Lane. Call Rick 602-230-2916. Arizona law and his willingness to help at every turn House of Delegates and as chair of the Arizona Bar’s demonstrate his deep commitment to the college Client Protection Fund. MESA, 1310 E. SOUTHERN AVE - 6,532 SF of rent- He is a Fellow of the American Academy of able office space available for single tenant lease. and the welfare of our students. Indeed, he has been NEW OFFICE 10 private offices with class “A” upgrades featuring supportive with his time and talent all across campus. Appellate Lawyers and is recognized by both The Jennings, Strouss & Salmon, PLC, a Phoenix-based high-end finishes, custom iron doors and arched This award celebrates his passion for the U of A.” Best Lawyers of America® and Southwest Super law firm, announced the May opening of its Yuma, doorways, granite desks and countertops, Trav- Lawyers. Wirken is the former chair of the State Bar Bowman and Brooke, LLP, a leading defense Ariz. office. In addition to agribusiness law, the firm ertine flooring, chandeliers, kitchen, conference of Arizona Trial Practice Section. Previously Wirken will offer a full range of personal and business legal room with flat-screen TVs and mini-fridge. Lease firm focused on defending high-stakes product li- beginning June 2014 with or without as-is furnish- ability and mass tort cases, announces that it has been served as a judge pro tem of the Arizona Court of services to Yuma and Imperial counties, including Appeals. He continues to serve as a judge pro tem of bankruptcy; business and finance; commercial litiga- ings, full-service copier and/or installed telephone ranked #9 among the 228 U.S. law firms recognized system. Visit www.galleryPlazaAz.com for photos. the Maricopa County Superior Court, a position that tion; construction; ethics and professional liability; on The American Lawyer’s 2013 Diversity Scorecard. Please call 602-380-8080 or 602-354-5066. Bowman and Brooke’s #9 ranking this year was its he has held since 1986. family law and domestic relations; labor and employ- second consecutive appearance in the top ten. Wirken graduated from the University of Arizona ment; health care; personal injury and medical mal- LEGAL OFFICES FOR RENT - Up to 5 offices with 3 secretarial stations available. Near third street The Diversity Scorecard is The American Law- with a BS in Business Administration in 1972 and practice defense; real estate; tax; and trusts and estates. Shanna Bowman Orlich and Wayne Smith will be and Osborn. Conference room and kitchen facili- yer’s annual ranking of large U.S. law firms according received his JD from the University of Arizona Col- ties. Rent negotiable. Contact Elna at elna@beer- to their percentage of minority attorneys and their lege of Law in 1975 the primary attorneys at the Jennings Strouss Yuma office. Shanna has deep roots in Yuma and a strong toone.com. Bulletin Board Policy background in agriculture. She is the daughter of Neil and Beth Bowman and was born and raised in If you are an MCBA member and you’ve not print notices of honors determined by other Yuma. Over the years, Orlich has been involved in moved, been promoted, hired an associate, taken publications (e.g., Super Lawyers, Best Lawyers, the business and legal aspects of both of her father’s on a partner, or received a promotion or award, etc.). Notices are printed at no cost, must be agribusinesses, BSN Farms and Coronation Peak we’d like to hear from you. Talks, speeches (un- submitted in writing, and are subject to editing. and Corporate Practice groups. Ranches, Inc. less they are of national stature), CLE presen- Items are printed as space is available. News Curto joins established Corporate tations and political announcements are not releases regarding lawyers who are not MCBA Law and Estate Planning Practice accepted. In addition, the Maricopa Lawyer will members in good standing will not be printed. NEW HIRE groups, who represent hundreds Jennings, Strouss & Salmon of clients throughout the U.S. announced that Michael J. and internationally, offering legal Payne has joined the firm’s Phoe- Amber D. Curto counsel from start-up companies nix office as a tax, estate planning to mature businesses. FIDUCIARY BONDS and corporate associate. “I enjoy taking a client centered approach to Payne will focus his practice estate planning to make sure that all details, whether Michael J. Payne in the areas of tax, estate plan- it be in a simple estate or a complex trust administra- I can write your probate bonds. ning and probate, corporate and tion, are taken care of,” stated Curto, “and learning business law, mergers and acquisitions, nonprofit from and working with John Lischer and the other corporations and tax-exempt organizations. He is experienced and knowledgeable attorneys in these Bonds are usually available on the same day a certified public accountant (CPA) and previously practice groups will give me the ability to assist my that you apply. Request an application to use worked as a tax practitioner in the Exempt Organiza- clients in new and innovative ways.” tions Tax Services group at Ernst & Young, one of Prior to joining the firm, Curto clerked for as a master to copy for future bonds. the “big four” accounting firms. Hon. Judge Glenn Davis of the Arizona Superior Prior to joining the firm, Payne served as an Court and was an associate for an Arizona estate I will also send you a premium calculation extern with the Arizona Supreme Court Staff At- planning firm. She earned her JD from California torneys Office and a law clerk for a small Phoenix Western School of Law, San Diego, in 2011, and her sheet so that you will know the cost. firm. He earned a JD from Arizona State University BS, summa cum laude in 2008, from Arizona State Sandra Day O’Connor College of Law and a BS in University. While in law school, she was a member of Accountancy from Northern Arizona University. the Moot Court Honors Board as well as president Email your request to of the Business Law Society. Her community service [email protected] or call me at 623-933-7427. Ryley Carlock & Applewhite welcomed Amber endeavors have included Girl Scouts of America, D. Curto as an associate in the firm’s Estate Planning Project C.U.R.E., and Crisis Nursery. n MARICOPA LAWYER JULY • 15

business days and expedited services are not Secrets of the South Court Tower revealed available, so plan ahead. continued from page 1 The most effective way to request cop- ies or transcripts of hearings from ERS is If you’ve tested your exhibits on your sume that everything in every courtroom is by emailing the specifics (case name, case own laptop computer, for instance, you being recorded at all times and could end up number, date and time of hearing, and the should bring your laptop to plug into the in the public domain. requestor’s contact information) to ERS@ court’s system to display the exhibits. The FTR superiorcourt.maricopa.gov. court’s technology is PC-based, so iPads, For The Record (FTR) is the PC-based Lastly, it’s worth mentioning that the Macs, and other non-PC platforms will need proprietary format for the court’s audio South Court Tower has great technology adapters to convert the information from and audio/visual recordings of court pro- because it was designed that way, but don’t one system to the other. ceedings. To view or listen to FTR record- expect every courtroom at every location to Fortunately, converters are readily avail- ings you’ll want to download “The Record match it all at once. able and attorneys have been using the Player,” the free software from www.forth- To get an idea of the planning required court’s technology successfully. The present- erecord.com. to retrofit older courtrooms, take the cost ers suggest calling the judicial assistant ahead Because this software is not compat- of any update: adding new wiring, flat-panel of time to find out what technology will be ible with Apple products, you may have to monitors, high-speed cable or wireless fea- available in the specific courtroom where ask the court’s Electronic Records Services tures, and any cutting into floors and walls your hearing will be held. (ERS) to convert the recording to a Win- required for installation, and then multiply it Can you hear me now? dows media file that can be converted by Apple products. Tip: specify the format you by the 100 courtrooms that may need those In the SCT, microphones are live in the want before you’ve paid for the FTR version updates. n courtroom at all times unless the mute but- or you’ll have to pay again. ton is pressed and held. The microphones The court’s ERS department receives Aaron Nash is a special counsel for public affairs are very sensitive and will record the audio about 700 requests each month for CDs and education at the Clerk of the Superior Court’s of every shift and whisper unless the mute and transcripts of hearings taking place in Office and chair of the Maricopa Lawyer Edito- button is being held down. over 100 courtrooms. Copies take 10 to 15 rial Board. The court makes the electronic record- ings available to the public for a fee and the record could contain ALL audio, including Advertise in the Maricopa Lawyer and reach more than3,500 conversations held during breaks and when attorneys and other legal professionals. (602) 257-4200 court is not in session. Everyone should as-

She added that “Alexander knew her lawyers The supreme court takes a day off Alexander’s suspension were obstructing the investigation.” CourtWatch, continued from page 1 Having affirmed many, but not all, of the charged violations, Timmer turned to from taking frivolous positions in legal pro- taking on the case without the necessary skill motives for pursuing the RICO lawsuit may the appropriate sanction. Alexander asserted ceedings. Alexander violated the rule by and experience. have been,” she wrote, “they cannot be at- that she should be reprimanded or censured. maintaining the RICO suit because both the Timmer noted that a civil RICO lawsuit tributed to Alexander without evidence she Timmer rejected that contention, but she original and proposed amended complaints “involves ‘amazingly complex’ issues that shared them.” And “no evidence showed also rejected the sanction that the disciplin- were factually and legally deficient. Further- challenge even seasoned lawyers.” And Al- that Alexander had any involvement in the ary panel had imposed: suspension for six more, she had failed to adequately investi- exander’s performance in the suit was defi- disputes between MCAO and the RICO de- months and a day. gate the validity of the allegations. cient, as demonstrated by her defense of the fendants or that she was personally affected She noted that the panel’s addition of Alexander admitted that the RICO law- deficient pleadings. by any defendant’s alleged misdeeds.” one day to a six-month suspension had grave suit was frivolous, but she contended that Timmer also held that Alexander violated “At most,” Timmer wrote, “the evidence consequences. It required Alexander to un- she did not know this while she was pursu- the conflict-of-interest rule, ER 1.7, by showed Alexander was motivated to pursue dergo a more onerous reinstatement process ing it and that she had relied in good faith suing the board of supervisors even though the RICO lawsuit in order to please Thomas, and demonstrate her rehabilitation before on the representations of more-experienced her office then currently represented the thereby furthering her career at MCAO.” being reinstated. prosecutors while investigating it. Timmer board. “Unquestionably,” she wrote, “the Furthermore, Alexander had not violated That could, she noted, “significantly ex- rejected the argument. “The involvement of lawyer–client relationship between MCAO ER 3.4(c), which requires attorneys to be fair other lawyers in filing the RICO complaint and the Board continued during the life of to the opposing party and counsel. The alle- tend the effective length of her suspension. did not relieve Alexander of her ethical obli- the RICO lawsuit.” gation here was that the RICO suit attacked “A suspension of six months or less, with its gation to ensure the RICO lawsuit was sup- Finally, Timmer held that Alexander had some defendants for filing bar complaints attendant loss of income and professional ported in law and fact,” she wrote. violated ER 8.4(d) by engaging in “conduct against Thomas and other MCAO attorneys. standing, would protect the public by deter- Timmer concluded that Alexander knew that is prejudicial to the administration of Supreme Court Rule 48(l) prohibits civil ring Alexander and others from engaging in that the case was frivolous before she joined justice.” This charge was based on her seek- suits against bar complainants. Timmer ex- similar misconduct,” Timmer concluded. it. She had received an email from the of- ing damages against the judges, who have onerated Alexander of this charge because Alexander deserved the lesser sanction, fice’s senior RICO attorney who warned of complete judicial immunity. there was no proof that she intentionally vi- Timmer wrote, because she “has no prior a “deep and profound concern” about the Timmer rejected Alexander’s defense that olated it: there was no proof that Alexander disciplinary record, and, although her mis- case because the complaint was “legally de- she had not intended to intimidate or retali- actually knew that Rule 48(l) existed while conduct caused significant injury to the ficient at every issue” and “dead-on-arrival.” ate against the judges. She found Alexander’s she was maintaining the RICO suit. RICO defendants, the public, and our sys- And even though her own research had motives immaterial: “ER 8.4(d) does not re- Timmer did uphold that panel’s conclu- tem of justice,” there was no “evidence that led her to conclude that she needed to beef quire a mental state other than negligence.” sion that Alexander had failed to cooper- her misconduct requires her to affirmatively up the complaint, “Alexander failed to con- She also brushed aside Alexander’s conten- ate in the bar investigation by not promptly demonstrate rehabilitation before reinstate- firm the existence of any meaningful evi- tion that she had a good argument that the responding to the bar’s initial investigatory ment.” dence to support plausible RICO claims.” judges lacked immunity in the circumstances. screening letter. Through her attorney, she Alexander, she explained had not “acted Furthermore, she had opposed dismissal But Timmer did not uphold all of the had “filed numerous ‘meritless, frivolous dishonestly, continued a pattern of miscon- despite knowing that the case was frivolous. disciplinary panel’s findings. Alexander’s and dilatory motions, replies, and special ac- duct, abandoned a client, proceeded under Thus, Timmer concluded, Alexander had violation of other ERs in connection with tions’ with the probable cause panelist and the influence of illness or chemical depen- violated ER 3.1. the RICO suit did not establish that she had this Court in an effort to ‘delay, obstruct and Timmer also concluded Alexander had violated ER 4.4(a), which prohibits attorneys burden’ the screening investigation.” dency,” and was not “motivated by malice, violated of ER 1.1, which requires attorneys from using legal proceedings improperly to Alexander’s defense to this charge, that greed, or other morally deficient reason.” to provide competent representation by em- embarrass, delay, or burden other persons. her attorneys were to blame, not her, did Joining Timmer were Vice Chief Justice ploying “legal knowledge, skill, thorough- The panel had concluded that Alexander not fly. Quoting the Kansas Supreme Court, Scott Bales and Justices John Pelander and ness and preparation reasonably necessary used the RICO suit as political payback to Timmer wrote that “[a] respondent who Robert M. Brutinel, along with Chief Judge for the representation.” Merely negligent support Thomas. But Timmer found insuf- retains an attorney to represent him or her Lawrence F. Winthrop of Division One of representation does not signal an ethical ficient proof of improper motivation on Al- in a disciplinary proceeding is not relieved the Court of Appeals. He sat in the place of violation, Timmer noted, but Alexander had exander’s part. of the responsibilities . . . to cooperate with Chief Justice Rebecca White Berch, who had crossed the line into unethical conduct by “Whatever Thomas’s and Aubuchon’s and provide information” to bar counsel. recused herself. n 16 • JULY MARICOPA LAWYER

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