Law Day Events by @AZStateBar To Provide Free Legal Information

Abraham Lincoln would want you to share news of the State Bar’s great Law Day event. (painting by John Holcomb)

The State Bar of Arizona has a rich tradition of participating in Law Day, that annual national event reminding all of us how valuable the rule of law can be. And this year, they continue that commitment.

I have been privileged to moderate the Bar’s Law Day event a few times. In 2008, our topic was judicial merit selection, and we had a blast with a talented panel of speakers who are lawyers and judges. When I moderated, I had the chance to ask challenging questions that (I hope) led panelists to explore the topic fully.

I recall being offered a deep scowl when I devil’s-advocated a former Bar President panelist with the question, “So why not sign on to Senate confirmation of judges? Our current system came from Missouri, not from Moses.”

The next year, I was the moderator of our program centered on the screening of competing Law Day videos created by high school students. Much of it is a blur, but I do recall that I wore a beard and stovepipe hat to honor Abraham Lincoln. (Good times. No photo survives.)

So my Law Day affection is deep and abiding, and that’s why I am looking forward to this year’s offering by the Bar (no moderating required).

The Bar’s events will occur on Saturday, April 27, and they aim to provide the highest possible testimony to the value of our legal system—by providing actual legal information to those who need it most.

The very ambitious programming will cover four-plus legal topics, and the information will be provided at five locations around the Valley and in Tucson. There will be no charge.

More information on the clinics is here, or contact my colleague Alberto Rodriguez at 602-340-7293 or alberto.rodriguez@staff.azbar.org.

And if any lawyer-readers want to participate by offering her or his services, for one session, a half-day or (dare I ask it?) a full day, also contact Alberto. He is seeking lawyers who can provide information in the following focus areas: landlord/tenant; immigration (there will be sessions in both Spanish and English); divorce, child support and paternity; and bankruptcy and foreclosure. 

Abe Lincoln would have been proud.

And for those who join me in being pleased at the Bar’s commitment to legal services and the value of lawyers and law, let me share one anecdote that I read at my Law Day moderator gig in 2008:

“During the Suez Invasion of 1956, the British Prime Minister was careful to exclude opinions that disagreed with his approach. He specifically instructed that Sir Gerald Fitzmaurice, the very distinguished Legal Advisor to the Foreign Office, and who had strongly and consistently advised that the British action was unlawful, should not be informed of developments: ‘Fitz is the last person I want consulted. The lawyers are always against our doing anything. For God’s sake, keep them out of it. This is a political affair.’”

That quality—of independent and honest counsel—is more valuable and more in need than ever before. Remember to share around the Bar’s Law Day agenda and encourage participation.

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Chief Justice Berch Urges More Court Advocates for Foster Children via @CASAofArizona

Arizona Chief Justice Rebecca White Berch speaks to the need for more special advocates for children, April 3, 2013. (Mary K. Reinhart/Arizona Republic)

Just a short note this Monday morning to remind all that April is Child Abuse Prevention Month. To honor the justice system’s commitment to some of our most vulnerable, Chief Justice Berch held a press conference on the steps of the Arizona Supreme Court.

The April 3 event shone a spotlight on the state’s CASA program: Court Appointed Special Advocates. As the organization describes itself:

“CASA stands for Court Appointed Special Advocates. CASA volunteers are everyday people appointed by a judge to speak up for abused and neglected children in court. In Arizona, there are 15 county CASA programs administered by the CASA of Arizona office which is a program of the Dependent Children’s Services Division of the Arizona Supreme Court Administrative Office of the Courts. CASA of Arizona and its volunteers have been advocating for abused and neglected children in Arizona for over 25 years.”

As the Chief Justice reiterated CASA’s call for help: “Don’t wait. Advocate.”

You should more about the organization—and sign up to help—at their website.

Arizona Court of Appeals Judge Maurice Portley speaks at press conference, Phoenix, Ariz., April 3, 2013 (Mary K. Reinhart/Arizona Republic)

You also should read the Arizona Republic article by Mary K. Reinhart on the presser and the need for more advocates.

Here is the opening of Mary’s article:

“Arizona has never had enough volunteers to work with children in foster care, and judges this week made an appeal for more court-appointed special advocates.”

“The volunteers, or CASAs, act as advisers to juvenile-court judges who oversee the cases of children removed from their homes because of suspected abuse or neglect. Each volunteer is paired with a foster child, and often becomes the one, consistent adult during a child’s time in care. They represent the child in court and make recommendations to judges about their best interests.”

“There are about 850 CASAs for more than 14,300 foster children.”

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Eatery, Bookstore, More To Occupy Former Beef Eaters Space in Phoenix

Longtime lawyer eatery Beef Eaters Restaurant, about to be reborn via Venue Projects

Here is a Friday Change of Venue story that really goes above and beyond. Let me explain.

Change of Venue is my casual Friday, where I divest myself of the pressing need to remain focused on law and law practice. I mean, give a guy a break!

Today’s story is a little far afield. But as I examined it, I realized how lawyerly it was. (Just when I think I’m out, they puuuull me back in!)

The story relates to an announcement just yesterday. The shell of a former restaurant is being transformed into a space that will house three diverse businesses.

So right away I spot a problem. This story has “adaptive reuse” scrawled all over it, and there are few land-use topics that are more lawyer-heavy than that one.

Making it worse is the name of the former restaurant: Beef Eaters, in Phoenix. That venue was a prime eatery of lawyers when it operated from 1961 to 2006. So as much as I want to give you an attorney-free, protein-rich blog post today, I’m afraid I can’t do it.

Who remembers lawyer meetings at Beef Eaters? I do!

The wood-paneled restaurant near the intersection of Central and Camelback was often lousy with lawyers back in the day. At yesterday’s press conference, a speaker pointed out that Beef Eaters was a site where many of the business deals that shaped the Valley were hammered out (and a few lawyers got hammered).

I recall quite a few State Bar of Arizona Section meetings being held there. It was always a pleasure to walk into the banquette-filled dining room. (Ironically, because Sections always watched their pennies, we never ate beef while we were there; we were chicken-only diners.)

Anyway, in case you’re wondering, here is what is slated to move into the refurbished digs by November 1:

• A restaurant being developed by Justin Beckett, the culinary mind behind the award-winning Beckett’s Table.
• Another branch of Changing Hands Bookstore, the first outside Tempe of the nationally recognized independent bookseller.
• A collaborative office, work and meeting space, called The Lively Hood (say it slow; you’ll get it.)

The project is being conceptualized by Venue Projects, the folks who adaptively reused numerous other spaces in town, including the restaurant now known as Windsor/Churn.

Lorenzo Perez of Venue Projects said, “We’re salvage-hounds,” as he waxed poetic about the walnut floors, antique chandeliers and masses of clear oak they discovered on the property.

Even the seats for the press conference speakers—described by City Councilman Tom Simplot as “Austin Powers chairs”—came from the property, and will likely find a revised home in the new space. (See the fantastic chairs below.)

L to R: Shannon Scutari, Kimber Lanning, Phoenix Councilman Tom Simplot, Mar. 28, 2013.

Other speakers were builder John Kitchell, Local First AZ founder Kimber Lanning, and Shannon Scutari, of the Sustainable Communities Collaborative, which had pointed out that the Light Rail-adjacent parcel could be eligible for a significant amount of transit-oriented development funds (there I go with the legal stuff again). The architect on the project will be John Douglas, FAIA, who has designed, among other things, the Phoenix New Times building and the Heard Museum.

In honor of the Beef Eaters longtime owner Jay Newton, the project is called “The Newton.” And in synch with the project’s nostalgia, Lorenzo said he would like to hear people’s Beef Eaters stories. What events, happy or otherwise, did you attend there? Do you have photos of events and family gatherings? How about business (or Section) meetings?

Write to me at arizona.attorney@azbar.org.

To prime your interest, take a stroll over to the website of Modern Phoenix, where they have captured the leather-bedecked interior, pre-construction.

Have a great weekend.

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Arizona Lawyers, @AZStateBar Aid Veterans in StandDown Event

Volunteer lawyers counsel veterans at the 2013 Arizona StandDown. (photo: Alberto Rodriguez)

Today, I share some great news from the State Bar of Arizona, as communicated by my colleague Alberto Rodriguez. Congratulations and thank you to all the Arizona lawyers who participated:

On Friday, March 8, and Saturday, March 9, the State Bar of Arizona and 24 of its members participated in the 2013 Arizona Veterans StandDown. The State Bar and volunteer attorneys joined several service providers at the three-day event that offered a variety of health and human services to homeless and at-risk veterans in our state. Volunteer attorneys from across the valley fielded legal questions via one-on-one consultations with veterans seeking legal advice.

Volunteers Roger Ferland and Kay at the 2013 Arizona StandDown. (photo: Alberto Rodriguez)

The “Civil Law Clinic” organized by the State Bar offered legal consultations by members who practice Family Law, Bankruptcy/Foreclosure/Tax Law, Elder/Mental Health Law, and Real Estate/Landlord & Tenant Law.

Volunteer attorneys provided 322 consultations during the two-day civil law clinic for the 254 veterans who were seen. In addition, many attorneys offered pro-bono legal services to veterans who needed representation.

The following is a list of committed attorney and logistics volunteers:

Attorney Volunteers:

Jennifer Alewelt

Jennifer Boucek

Steven Clark

Stasy Click

Kristen Coyne

Patrick Derksen

Ben Dodge

Tracy Essig

Meredith Flori

Kirk A. Guinn

Stacey L. Johnson

Harry Keidan

Cynthia Kelley

Katherine Kraus

Joseph W. Kruchek

Alyssa Medina

Bill Miller

Judy M. Miller

Kay A. Nehring

Louis G. Parker

Jane Proctor

Ryan Scott

Charles Sears

Gosia M. Zawislak

Logistics Volunteers:

Ann Bean, Dodge & Vega

Roger Ferland, MLAC Chair

Donene Olmstead, Dodge & Vega

Kay Nehring, Nehring Law Office

Veteran Edward Cook, alongside a photo of his younger self, at the 2013 Arizona StandDown. (photo: Alberto Rodriguez)

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50th Anniversary of Landmark Case Gideon v. Wainwright

Clarence Earl Gideon

March 18, 1963, was the date on which the United States Supreme Court ruled in favor of a petitioner who was also a Florida convict. And through that ruling in Gideon v. Wainwright, Clarence Gideon initiated a sea change in American law.

Monday, of course, will be the 50th anniversary of the ruling, and we still marvel at the change he wrought: It embedded the legal cornerstone that a criminal defendant who cannot afford to hire a lawyer must be provided with an attorney at no cost. It could be argued that no single decision has more affected the ability of defendants to achieve fairness in legal proceedings.

So impressive was the result that it received a shout-out at a Phoenix event yesterday. I will write later about the continued success of the annual Learned Hand Awards luncheon. But at Wednesday’s event, Arizona Justice Scott Bales, emcee for the festivities, took a moment to mark the Gideon anniversary and to praise public defenders and all those who represent the indigent. Exactly right.

In honor of the anniversary, the American Bar Association Section of Litigation has created a resource page exploring Gideon’s legacy. Included on the page is a reproduction of the actual hand-written petition that Clarence Gideon drafted in a Florida prison. It is worth a read.

Also included is a video capturing a January panel discussion regarding Gideon. It is quite good, and I have posted it below. But among its gems is its replaying a 1964 CBS News piece on Gideon, the man and the case. It begins at 2:40 and runs to 13:03, and you should watch every minute.

Is your agency, firm or organization recognizing Gideon in any way on the 50th anniversary? Let me know.

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Annual @ASUCollegeofLaw eDiscovery Conference Slated for This Week

At the end of this week, a conference on eDiscovery issues will provide insights and national speakers.

I wrote about last year’s conference, here and here. I’d expect more great content this week.

As the ASU Law School describes it:

Judge John Facciola

“The Second Annual ASU–Arkfeld eDiscovery and Digital Evidence Conference will focus on the practical and cutting-edge issues affecting the discovery and admission of electronic information. The annual conference is hosted by the Center for Law, Science & Innovation, in collaboration with Michael Arkfeld, Director of the ASU–Arkfeld eDiscovery Program.”

You may register here.

It’s looking like I will be unable to attend any of the events at this year’s conference. But I’d enjoy hearing from someone who does attend. If you’d like to write a follow-up post, long-ish or short-ish, just let me know. It could be an overview of the entire conference, or a briefer post on a single panel or on the keynote address, delivered by Judge John Facciola. And photos are always welcome.

Write to me at arizona.attorney@azbar.org.

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Symposium at @ASUCollegeofLaw To Address Criminal Justice Challenges

Today, some news from a noteworthy journal at the ASU College of Law:

“On March 1, join the Law Journal for Social Justice for a daylong symposium featuring attorneys, judges, community advocates, and legal scholars as we examine how to transform an inherently unfair criminal justice system into one that values fairness and efficiency.”

“Featured speaker Paul Charlton, former U.S. Attorney for the District of Arizona, leads off the day with a discussion about ethics and sentencing reform. Other panel topics include vulnerable populations in the criminal justice system, the mental health crisis within the criminal justice system and ways to reform the system in a more fair and efficient way.”

More information on speakers, the agenda and a link to register are here.

And be sure to follow the journal on Facebook here.

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Students From @ArizonaLaw To Argue Before U.S. Court of Appeals for Armed Forces

So far, my overscheduled Tuesday looks like it won’t accommodate a trip south to Tucson. And that’s really too bad. (Well, that’s too bad most any day, but it’s especially the case on February 26.)

The reason I’d like to drop by the University of Arizona Law School is to attend an oral argument—before the Court of Appeals for the Armed Forces, of all legal bodies.

Here is how the Court describes itself and its civilian judges:

“The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice. The Court is composed of five civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.”

The Rehnquist Center at the law school has announced the morning event, during which law students will have the opportunity to argue; those same students have already filed an amicus brief in the case.

The Center says that the Court has never traveled to Tucson. But if that’s not enough of a draw, here are the case facts:

“GCM conviction of possession of child pornography, larceny of military property and filing a false claim. Granted issues question (1) whether the military judge abused his discretion when he failed to suppress evidence of child pornography discovered on Appellant’s personal computer in the course of an unreasonable search conducted to find contraband after Appellant was wounded in Iraq and medically evacuated to the United States; and (2) whether the Army Court erred in creating a new exception to the Fourth Amendment when it held that the Government’s search of Appellant’s personal computer was reasonable because the Government was not ‘certain’ or ‘absolutely clear’ that it would be returned to the wounded-warrior Appellant.”

From where I sit, that is a fascinating Fourth Amendment question. (Although didn’t the U.S. Supreme Court this past Term examine a question related to privacy rights on a school computer that could possibly be returned to the employer? What case was that? Anyone?) (Recently, Canada’s Supreme Court took the view that folks do have some measure of privacy, even on their work-issued computer. O Canada.)

More information about the Tuesday morning arguments is here. Included among the detail are the argument briefs (in PDF).

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2012 Arizona Case Processing Standards Project Seeks Attorney Comment

Today, I share some news and request for comment from the Arizona Supreme Court. Your input could have an impact on the disposition of future cases as they proceed through Arizona courts.

Here is the news from the Court:

In 2011, the National Center for State Courts published the “Model Time Standards for State Trial Courts.” These standards for the disposition of cases in the state courts were developed and adopted by the Conference of State Court Administrators, the Conference of Chief Justices, the American Bar Association House of Delegates, and the National Association for Court Managers.

Model case processing time standards provide a reasonable set of expectations for courts, lawyers and the public. Part of the vision for Arizona’s Judicial Branch, as set forth in its Justice 2020 Strategic Agenda, is to strengthen the administration of justice. Timely justice promotes public trust and confidence in the courts. The establishment of case processing time standards emphasizes the need for judicial officers and court personnel to renew focus on this essential part of their work.

The Arizona Supreme Court Case Processing Standards Steering Committee is gathering input and feedback from all key justice partners regarding the establishment of case processing standards for Arizona courts.

Steering Committee Preliminary Recommendations

The Steering Committee has completed a review of the national time standards, statutory requirements, court rules, court jurisdiction and other relevant factors in the development of case processing standards for Arizona. The preliminary recommendations for case processing standards in the superior, justice and municipal courts have been posted on the link below and you are invited to post your comments. Please feel free to share this website with members of the legal community in your jurisdiction.

Comment Period

The comment period runs through March 29, 2013. The Steering Committee will review the comments posted on the website and make the appropriate revisions to the proposed case processing standards. A final draft of the proposed case processing standards will be presented to the following standing committees for recommendation to the Arizona Judicial Council: Committee on Superior Court; Limited Jurisdiction Committee; Committee on Juvenile Courts; Commission on Victims in the Courts; and Committee on the Impact of Domestic Violence in the Courts.

Submit Your Comments Online Here.

The link above will take you to the registration page. To view the case processing standards webpage you will need to register first. Click on register and complete the information on the page. If you have previously registered on the website enter your username and password.

For more information contact:

Committee Staff:

Cindy Cook at ccook@courts.az.gov

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Mark Harrison of @OsbornMaledon Wins @ABAesq Award for @JusticeStake Work

Mark Harrison

Last week we heard some great news about an Arizona lawyer from the national organization Justice at Stake.

Mark Harrison is a member at Osborn Maledon, as well as the board chairman of Justice at Stake. On February at the midyear meeting of the American Bar Association in Dallas, he was given the 2013 Burnham “Hod” Greeley Award.

As a press release indicates, he was honored “for making a significant, positive impact on public understanding of the role of the judiciary in a democratic society.”

Justice at Stake is committed to aiding the judiciary. It “promotes increased public awareness of the need for a fair and impartial judiciary.” As the organization describes itself:

“Justice at Stake is a nonpartisan, nonprofit campaign working to keep America’s courts fair and impartial. Justice at Stake and its 50-plus state and national partners educate the public, and work for reforms to keep politics and special interests out of the courtroom—so judges can protect our Constitution, our rights and the rule of law.”

Gavel Grab adds a mention that Harrison “has worked as president of Justice for All, a nonprofit group dedicated to preserving a strong and impartial judiciary in Arizona.”

But … am I missing something? Unmentioned in the accolades is the fact that Mark was once the President of the State Bar of Arizona. Sure, Justice at Stake writes that he “led the local Bar with distinction,” but who the heck is that “local bar,” anyway? It was the SBA.

Maybe the omission signals a reduced “wow” factor associated with being a state bar president. But that would surprise me. I know that folks at Mark Harrison’s level have a drawerful of accolades and high-level experience. But even given that, bar president on the state level usually merits a mention.

And why not mention it? Isn’t the mentioning the only real payoff for the work of leading a bar? Remember, the days of a bar president are littered with meetings regarding section revenues, and lunches with tiny civic organizations, and information-sharing trips to exciting venues like Dallas or Duluth or a legislative grilling chair. After all that work, why not drop the title occasionally?

In any case, congratulations to Mark Harrison. We at the local bar look forward to continuing to collaborate with him on important issues.

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