Coalition of Bar Associations Meets, Includes Arizona Leaders

L to R: Bill Simonitsch, NAPABA incoming President-Elect; Patty Ferguson-Bohnee, NNABA Immediate Past-President; Peter Reyes, Jr., HNMA National President; Linda Benally, NNABA President-Elect; Wendy Shiba, NAPABA President; Patricia Rosier, NBA President-Elect; and Miguel Alexander Pozo, HNBA National President-Elect.

Recently, I heard from numerous bar leaders about a noteworthy event that occurred in Washington, DC—and that has implications for Arizona.

This past month, an annual gathering of the Coalition of Bar Associations of Color occurred. A press release describes it below. It’s worth noting that Arizona lawyers take a leadership rolw in the organization.

The Coalition “was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA).”

I have also heard conversation about the possibility of the NNABA moving its national headquarters to Arizona. I have followed up on that and hope to share news from NNABA leaders as details firm up.

Here is the announcement about the annual meeting:

Coalition Of Bar Associations Holds Annual Meeting

Meets With White House Officials and Congressional Representatives to

Address Issues Affecting Communities of Color

WASHINGTON – This week, the Coalition of Bar Associations of Color (CBAC) gathered in Washington, DC, for its Annual Meeting. CBAC’s leaders discussed key issues affecting communities of color, including immigration reform, voter suppression, and judicial vacancies. This year’s Annual Meeting included visits with key executive branch officials and members of Congress, including meetings with U.S. Attorney General Eric H. Holder, White House Counsel Kathryn Ruemmler, and high-level staffers from the offices of Senators Patrick Leahy, Orin Hatch, and Marco Rubio.

CBAC was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA). CBAC meets annually every spring so that leaders from its member organizations can discuss issues of mutual concern and advocate in support of their shared interests.

“We will continue to work with Congress and the White House to find solutions to issues of concern for the benefit of our country, including the dire need for immigration reform,” said Peter M. Reyes Jr., president of HNBA. “Our mission is to ensure that generations of future lawyers are given the opportunity to make a difference within their respective communities.”

“The CBAC annual meeting provides us with the opportunity to collaborate with other bar associations of color and put forth a collective effort to remain engaged on critical issues, particularly on diversifying the bench and bar,” said Patricia Rosier, president-elect of NBA and host of this year’s CBAC meeting. “For over 20 years, CBAC has demonstrated the importance of and need for our collective efforts and every year our message grows in clarity and strength.”

 “Our participation in CBAC provides a unique opportunity for NAPABA and the other national bars of color to collaborate on issues that are of critical importance to Asian Pacific Americans and all of our communities,” said Wendy C. Shiba, president of NAPABA. “We stand stronger together, and this week we collectively advocated for the confirmation of highly accomplished judicial candidates who would further diversify the federal bench, legislation and initiatives to combat human trafficking, and passage of commonsense immigration reform that emphasizes family unity and an earned pathway to citizenship.”

“The lack of knowledge about federal Indian law and tribal law affects how Native Americans fare in the federal court system,” said Linda Benally, president-elect of NNABA. “While NNABA applauds the recent confirmation of a Native Hawaiian to the federal bench, there currently is not a single Native American serving as an Article III judge. NNABA – working along with its CBAC partners – is committed to ensuring that opportunities are provided for Native Americans within the judiciary and the legal profession.”

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Bar Leadership Institute of @AZStateBar Honors 14 Lawyer Graduates

2013 BLI Graduates—Back row, L to R: Brad Martin, Blair Moses, Elizabeth Kruschek, Buck Rocker, Doreen McPaul, Ray Ybarra Maldonado. Front row, L to R: Chris Tozzo, Tabatha LaVoie, Nicole Ong, Laura Huff, Annamarie Frank, Cid Kallen, Jessica Sanchez. Not pictured: Heather Baker.

The newest class of the State Bar of Arizona Bar Leadership Institute graduated last Friday. As always, it was a noteworthy event marking the accomplishments of a talented group of lawyers.

You may already know about the BLI, but here is a description of the program:

“The Bar Leadership Institute is a nine-month program designed to foster the professional growth and enhance the leadership skills of a diverse group of Arizona attorneys. The purpose is to increase participation and visibility in the State Bar and the community-at-large among historically under-represented groups, with an emphasis on racial, ethnic, cultural, religious, gender, sexual orientation, gender identity and expression, disability and geographic diversity. In 2009 the Bar Leadership Institute was selected by the American Bar Association to receive its prestigious Partnership Award.”

More detail is here.

Speakers at the graduation stressed the qualities of leadership exemplified by the attorney graduates.

State Bar President Amelia Craig Cramer praised the attorneys, and she thanked them for their continued participation in the work of the Bar.

State Bar of Arizona President Amelia Craig Cramer, May 10, 2013

CEO John Phelps urged the graduates to value the friendships and connections they forged through the BLI program.

“That network of leaders is something special,” he said. “Take advantage of that friendship; nurture it. You’ve had the opportunity to connect with others in this special program.”

State Bar of Arizona CEO John Phelps, May 10, 2013

With a laugh, he concluded, “You’re part of the club now. Be sure to use your club membership.”

Elena Nethers, the Bar’s Diversity and Outreach Advisor, reminded graduates, their families and supporters that the BLI is designed to “enable people to attain their full potential.”

This year, she reported, the 14 graduates arose from a pool of 60 applicants.

Bar Governor Lisa Loo praised the program and the attorneys, taking the time to introduce audience member Henry Ong, a Bar member since 1972. He has been an active participant in the activities of multiple bars, Lisa pointed out. And for good measure, he is the father of Nicole Ong, one of this year’s BLI grads.

Also attending the event was BLI chair and attorney Booker Evans, Jr.

If you are interested in being part of this successful initiative (for yourself or someone else), be sure to share and complete the Bar Leadership Institite application for the coming year’s class. The application is due by June 28.

State Bar Governor Lisa Loo and BLI chair Booker Evans, Jr., at the 2013 BLI graduation

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My Last Word Addresses Justice on Tribal Lands

Arizona Attorney’s “End Notes,” from the early 2000s.

One of the biggest challenges every magazine faces is: What do you do with your back page?

Specifically, that means the inside back page, typically the last “edit” page in the magazine, followed by a page or more of advertising. After the cover and the contents page, it is typically the most-read page in a magazine (aside from lawyer discipline, in our case!).

When I started at Arizona Attorney Magazine years ago, we tried a variety of things, including a page dedicated to legal trivia (and even incorporating a quiz), called “End Notes.” But as time went on, we gravitated back to a traditional inside last page with commentary from folks we thought readers would appreciate (or respond to, or both). We call the page The Last Word.

Our “stable” of regularly recurring columnists has varied, but it has stayed the same over the past few years (though we are open to ideas for people to add as a regular columnists; send a note to me at arizona.attorney@azbar.org).

Over time, though, we found that there were more diverse voices among Arizona lawyers that should be shared. These are those people who may have no interest in writing regularly, but who have one great and compelling column in them. They have a message they feel should be conveyed. Aside from a letter to the editor, where is the magazine space for them?

Arizona lawyer Don Bayles. Jr.

That’s when we developed My Last Word—identical in appearance and word count to The last Word, but open to any lawyer who has something to say. (Like all content, submissions are reviewed for appropriateness, timeliness and relevance.)

If you or someone you know is interested in pursuing a column, write to me (arizona.attorney@azbar.org).

The May issue contains a compelling example of My Last Word. Written by Don Bayles, Jr., it addresses the heartbreaking problem of violence against women and girls in Indian reservations. The challenges include jurisdiction and vast distances, and they are substantial.

Here is how Don opened his column:

“Horrific violence toward women and children on southwestern tribal lands continues to disappoint. Up to 90 percent of girls in Hopi villages can expect to be sexually molested, according to a September 2012 interview with Arlene Honanie, the wife of the tribe’s vice chairman. Ms. Honanie said that this happens, at least in part, because offenders are so rarely punished. A nearby advocate for reservation victims offered a similar observation in cases involving the Navajo Nation. Speaking to a New York Times reporter, Caroline Antone said, ‘I know only a couple of people who have not been raped, out of hundreds.’ If these reports are even roughly accurate, the Rule of Law within our adjacent Indian nations has lost credibility. As one human rights leader has said, ‘If you’re not safe, nothing else matters.’”

You should read Don’s entire column, here.

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Lawyers, Other Performers Deliver the Goods in Same-Sex Marriage @8thePlay

As I sidled my way last night past the crowds into the Herberger Theater in downtown Phoenix, I must admit I was skeptical. An entire play constructed mainly of a trial transcript? Really?

Anyone who has been to a trial or two knows you would need a genius writer to make that come together into dramatic arts. And so the play “8” had one: Dustin Lance Black had whittled a trial into an evening that was provocative, funny and compelling.

I mentioned the play last Friday, and I was pleased that my family and I were able to attend. “8” tells the story of the trial over the constitutionality of California’s Proposition 8, which banned same-sex marriage.

Black drew on his mondo skills to shape a play comprised almost entirely of the trial transcript. There are a few moments that are tough sledding, especially, I imagine, for the many nonlawyers in the house. Arguing over the standard of review is often a game-changer in a case, but it’s an oddly shaped building block in crafting compelling theater.

Performers in the play 8, Herberger Center Theatre, Phoenix, May 7, 2013

There are only a few of those moments, though. The craft and the words selected were amazing. And what consistently impressed was the quality of the performances. Non-actors almost all, the cast delivered a rousing and entirely convincing play.

I know that one actor–director was cast, to fabulous results. Ron May is the founder and artistic director of Stray Cat Theatre, and his rendition of a witness was wow-inspiring. Cast as David Blankenhorn, May encapsulated eloquently the ideologue who had never been challenged to defend his beliefs before he sat in a witness chair. As he is cross-examined by David Boies of Bush v. Gore fame (played superbly by lawyer and Phoenix Councilman Tom Simplot), bluster turns to anger turns to frustration turns to near-total capitulation. As the steam escapes from Blankenhorn’s pompous world view, the state’s case deflates before the audience’s eyes. If there’s one thing we know, it’s more Ron May, please.

View from Balcony, Row EE (hint: buy tickets earlier).

The strong performing continued with the attorneys. Amazing work was delivered by Grant Woods (as Ted Olson), Nicole France Stanton (as plaintiff Sandy Stier), Terry Goddard (as trial Judge Vaughn Walker), and Bill Sheppard.

A marvelous moment occurred after the play and during a brief audience-question session. One man (whom I couldn’t see from the nosebleed section) rose to praise Grant Woods. The speaker said that when he was a young Assistant Attorney General 23 years ago, he had serious concerns about being a gay man in the large public agency. But he said that Woods had told him that all he would ever be judged on in that office was merit, the quality of his work. That compelling memory led to a standing ovation for the former Attorney General, which grew to include his own fellow performers.

(Years ago, I had the chance to appear on the Herberger stage in a father–daughter performance with our wonderfully ever-patient Willa. I thought I had turned in a pretty good show. But then I saw Grant Woods get a well-deserved standing ovation, so I think I’m done.)

Grant Woods gets a standing ovation, Herberger Theatre Center, May 7, 2013.

My family and I greatly enjoyed the show. And I must add what especially struck me (caution: lawyer moment approaching):

It was remarkable to see, via the true-to-life transcripts, the power that an actual trial may have. In an age when trials are rarer and rarer and they are derided as the ultimate failure of negotiated resolution, it’s worth remembering that truth often peeks out of that ancient construct. Outside the courtroom, lying, puffery, bullying and rants may win the day. But seated in that witness chair, required to endure a series of simple questions, those resting on a crumbling foundation often founder. Except for the sociopathic, misstatements and worse cause discomfort and anxiety when one is required to raise a hand and utter an oath.

Not such a bad message to learn, for lawyers and nonlawyers alike.

Congratulations to all who participated.

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YLD Picnic Gathers @AZStateBar Attorneys, Families

The McCormick-Stillman Railroad Park was the site of the first annual YLD picnic.

You’ve got to love it when a plan comes together.

That must have been what the State Bar of Arizona Young Lawyers Division thought this past Sunday, when a large group of attorneys—and their families—gathered for a picnic and networking.

The venue was the McCormick–Stillman Railroad Park in Scottsdale, and all reports are that the kids (and those who are kids at heart) had a great time. For those for whom the evocative blast of a railroad horn is not a draw, here’s what else was available: food, games, bouncy houses, cotton candy, chair massages.

Yes, I said chair massages (which probably felt great after time inside the bouncy houses).

The event wouldn’t have been possible without the support of a few corporate sponsors:

• Geico
• John Driscoll & Company, Inc.
• Thomson Reuters

There are some more photos of the event (courtesy of my colleague Lisa Bormaster) at the Arizona Attorney Facebook page.

Picnic attendees chat with representatives from sponsor John Driscoll & Company.

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In Memory of Professor Joseph M. Feller of @ASUCollegeofLaw

Joe Feller

This month, we received the sad news that esteemed law professor Joe Feller had died. He had been struck by a car.

The life of the professor from the Sandra Day O’Connor College of Law at Arizona State University will be honored at a public memorial service on this coming Saturday, May 4. It will be held in the Great Hall/Armstrong Hall on the Tempe campus.

In his honor, the College of Law has established a memorial scholarship to provide financial support to students who are interested in natural resources and environmental law.

To contribute to the scholarship fund, visit here.

More information about the service and the scholarship is available here.

Finally, you should read the touching tribute to Professor Feller, written by attorney Robert Glicksman, here. He kindly provides links to other tributes, as well as an aggregation of Feller’s own photography.

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Generosity Yields One-of-a-Kind Magazine Cover

A few days ago, I happily related a recognition bestowed on two men, Paul Julien and Mark Meltzer, who serve justice in Arizona every day. Much to my delight, there is a cheery follow-up on this Change of Venue Friday.

In that post, I had noted an Arizona Attorney Magazine cover that featured Jeff Schrade, who heads up Education Services at the Supreme Court Administrative Office of the Courts (say that five times fast). At our prodding, Jeff had gamely agreed more than a decade ago to serve as a cover model for us. But this week Jeff also reminded me of another permutation of that cover, one that announced his son’s birth. (That was way back in 2001; Nathan is 12 years old now!)

In my haste, I completely forgot to locate that image and share it. But Jeff was generous once again, so here it is. In this post, you get to see the one and only payment Jeff ever received for being a patient and good-humored magazine model.

First, here is the cover we ran with:

Jeff Schrade on our April 2001 Arizona Attorney Magazine cover … .

And here is the altered cover announcing his son’s birth (now displayed in Jeff’s office):

… and a new cover is born.

Advancing age being what it is, I cannot recall exactly how we developed that cover. Someone with skills way beyond mine had to have done the work. The best Jeff and I can recall, Matt Silverman, the Bar’s former communications head, probably had his finger in the mix. Not to mention our former Art Director, Carl Bezuidenhout, and then-Production Manager (now lawyer) Leslie Ross.

In any case, enjoy your weekend. And know that assistance to a magazine editor may yield great rewards!

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Lawyers of @AZStateBar Offer Free Legal Information Saturday – #shareplease

Here is a challenge I offer to you today: Share a law-related item via social media or email.

Whoa, pretty easy, right? I bet you thought I was going to ask for some major heavy lifting. Instead, it is a simple click, share, send, done.

The item is connected to a topic I covered before: a State Bar of Arizona Law Day event that will offer free legal information to those who need it.

Really, truly, honestly free. The information will be provided by generous Arizona attorneys who know that the gap between legal services and people who need them is too, too wide. Those volunteers are offering their time pro bono to help shrink the gap just a bit.

All of the pertinent details are here. If you share nothing else, send this link to anyone you know who may be able to use it. As the State Bar says:

“The 2013 Law Day Legal Aid Clinics will serve as a free legal resource where members of communities from across the Valley and Tucson can attend information sessions on a variety of legal topics.”

“The information sessions will be conducted by volunteer lawyers and will last 90 minutes. Lawyers will provide guests with a presentation on a specific legal topic, as well as reserve time for a question and answer period. Guests can participate in one or more sessions at one of the five partner locations.”

Are you connected via social media or email to any groups that could benefit? Send it their way. Post it on your Facebook timeline. Share it on your neighborhood association listserv. Ask your firm administrator to post it prominently.

Your sharing news of Saturday’s event can help guarantee its success. Possible attendees have to be informed about the locations, the topics, the opportunity on offer. Success of the event, as measured by attendance and questions answered, will help ensure that it can be done—again and again.

For at least a part of the morning, I will be at the event staged at Phoenix’s Burton Barr Central Library. I want to hear some of the information offered, and I want to thank the lawyers who are offering it—and their Saturday.

I hope to see you and your friends there. And if you missed that link, here it is again.

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Lawyer–Authors Honored for Their Contributions By @azcourts

This week I heard great news about some of my favorite people: Arizona Attorney Magazine authors.

Besides that admirable distinction, these two men are pretty remarkable in their own right. Paul Julien and Mark Meltzer both serve the Arizona justice system via their substantial positions at the Supreme Court.

Jeff Schrade (left) and Justice Scott Bales (right) present framed Arizona Attorney articles to lawyer-authors Paul Julien (center-left) and Mark Meltzer, April 2013.

As their humble and succinct bios say: “Paul Julien is the Judicial Education Officer for the Arizona Supreme Court, and was chair of the committee mentioned charged with reviewing and proposing changes to the Justice Court rules. Mark Meltzer is a specialist with the Administrative Office of the Courts, and served as committee staff.”

The news came my way from Jeff Schrade, once a colleague at the Arizona Foundation for Legal Services & Education, and now the Director of the Education Services Division at the Arizona Supreme Court AOC.

Jeff sent the accompanying photo and news about an event at which Court staff recognized the two men for their publication in Arizona Attorney. (I think that should be a tradition at every workplace!) The article they wrote for us provided valuable and timely information about changed rules applying to the much-misunderstood Justice Courts.

You can read the complete article here.

The opening to Paul and Mark’s Justice Court rules story, Jan. 2013.

Here is a bit about the award, in Jeff’s own words:

“Today I gave Paul Julien and Mark Meltzer framed copies of their Jan 2013 Arizona Attorney article about the Justice Court Civil Rules of Procedure. Vice Chief Justice Scott Bales made a special presentation to Paul and Mark at the conclusion of our Limited Jurisdiction New Judge Orientation, which took place this week at the Arizona Supreme Court Judicial Education Center in downtown.”

“The 20 new Limited Jurisdiction judges attending this three-week program gave Paul and Mark a standing ovation, recognizing not only their excellence on this particular project, but their daily efforts to train and provide assistance to limited jurisdiction judges across the state.”

“As you know, Mark and Paul not only wrote about the new rules in the Arizona Attorney, but they lead a committee with a wide representation of justice stakeholders through lengthy process to rewrite the rules. It was an extraordinary effort that produced more accessible and understandable rules, especially for the many pro se litigants appearing before justice courts.”

Jeff Schrade, that handsome devil, graced the April 2001 cover of Arizona Attorney Magazine.

The Court’s recognition is well deserved, but that January article is just the tip of the service iceberg for Paul and Mark. They have helped the state and the Court in countless ways. And here at the magazine, their involvement has gone beyond writing (as Mark also did in our March 2013 issue). They are both go-to people whom I count on for advice and insight on so many topics. Every editor I know has a kitchen cabinet, and I’m pleased to say these two men are reliable and wise members of mine.

A side note: Jeff Schrade, too, has been a part of the Arizona Attorney family, in a very personal way. Way back in our April 2001 issue, when I had helmed the magazine for just three months, we wanted to provide a great visual to front our deep coverage of lawyer marketing and advertising.

Always a great sport, Jeff donned a sandwich board and stood on First Avenue in downtown Phoenix for at least an hour while the photographer, art director and I all helped shepherd passersby around the generous photo-model.

(There were other heroes that day: Two Bar colleagues—Bonnie Lebeck and Natalie Burns— also assisted, by striding past quickly, over and over—backwards!—to provide the necessary blur.)

Adding to the surreality experienced by commuters that morning was the fact that the sandwich board was blank; we would add the desired words to the image of the board at a later design stage. What a mensch!

Jeff recently told me, “For the record, I still proudly display the special cover you made for me welcoming the birth of my son Nathan (who is 12 now) back in 2001!”

We like the cover quite a bit ourselves!

Congratulations again to Mark Meltzer and Paul Julien. Here’s looking to years more collaboration!

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Esteemed @ArizonaLaw Alum, Trial Lawyer Richard D. Grand Dies

Attorney Richard D. Grand, 1930-2013

I am sorry to report some very sad news: Tucson trial lawyer Richard Grand has died.

I have written about Richard before, both in print and online multiple times, including here. And I have always been equal parts impressed and amused by Richard’s approach to the law and to human interactions. He was a University of Arizona Law School graduate and a huge supporter of their subsequent efforts.

Over the years, I would hear from Richard regularly. But it was only in the past few years that I was able to meet him (and his wonderful wife Marcia) in person.

Richard Grand: An Attorney until the end.

His death was sudden and unexpected. I expect I will write more about Richard later, but for now, I share his obituary, which opens thus:

“Attorney Richard D. Grand, 83, of Tucson, nationally recognized for his success as a plaintiff’s trial lawyer, died suddenly in San Francisco on April 7 of natural causes. Grand was the founder of The Inner Circle of Advocates, a group of plaintiffs’ attorneys called by The National Law Journal ‘the elite of the plaintiffs’ bar.’”

Attorney was so much a part of Richard’s DNA that the header for his obituary—which typically contains only the decedent’s name—included the word “Attorney.” Thus, even in the index of obituaries, he is listed as “Attorney Richard D. Grand.” Classic.

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