Legal events


Arizona Attorney Magazine cover September 2014, grandparent visitation laws

Our September 2014 cover

Not to be timely or anything, but …

The September issue of Arizona Attorney Magazine has a great and detailed story on the twists and turns grandparent-visitation legislation has taken—in Arizona and elsewhere.

Meanwhile, National Grandparents Day falls this weekend, on September 7.

And yes, although it will not play for me, there is apparently an official song for the occasion (at least, according to Wikipedia).

A hat tip to Art Director Karen Holub for locating our aww-inspiring cover image. If that doesn’t make you want to call your grandfolks, I don’t know what will.

And thank you to our terrific author Michael K. Goldberg (read his feature article here). And thank you to the calendar for your unintentional cooperation.

 

Gila County, Ariz., courthouse, by Ken Lund

Gila County, Ariz., courthouse, by Ken Lund

Arizona’s landscape is dotted with some beautiful courthouses, many still in operation. But for those that are not, finding a suitable “chapter two” can be a challenge.

In Gila County, a wonderful old courthouse faced an empty future. But, as an Arizona Republic story explains, it has been transformed into the Cobre Valley Center for the Arts.

I may be on an adaptive reuse kick this month (see my story from yesterday about auto dealerships transforming in Boston), but I was very taken with this Arizona story. You can read the whole thing here.

And for more information on the Cobre Valley Center for the Arts, go here and here.

A Flxible tour bus in front of Boston's Verb Hotel tells you something different is going on with this parcel's transformation.

A Flxible tour bus in front of Boston’s Verb Hotel tells you something different is going on with this parcel’s transformation.

“What does a big red bus have to do with adaptive reuse?”

That is how I open my Arizona Attorney column for the October issue (I’ll share the whole thing when it’s online). The bus comment relates to a recently refurbished Boston, Mass., hotel. The larger issue poked at the question of how laws and lawyers can work to make urban spaces more vibrant and dynamic.

One way to achieve adaptive reuse is to alter your laws and your code to encourage (or at least not disincentivize) it. That is something Phoenix has been at work on. You can see a brochure about the city’s own plan here.

Meantime, in Boston, its namesake university has a fascinating piece of journalism on its site that describes the transformation of a main street into what it is today. Once the site of scores of auto dealers and auto-accessories shops, it has become a boulevard welcoming to cars but also to cyclists, pedestrians, and the City’s iconic T subway.

On the site, writer Patrick L. Kennedy explores that street’s transformation. (The site itself is a marvel; click through, at least, to view the brief videos and the sliding-bar effect that lets you view the old and new streetscapes right next to each other.)

One of the fascinating old structures that might have met the wrecking ball in another city is seen below. The building once held an automobile showroom. Now, the BU School of Theatre makes its home there, and it left intact much of the impressive artifacts—one of which are gargoyle-like figures high on the walls that honor mechanics rather than supernatural beings.

Boston University School of Theatre building, once an auto-dealership.

Boston University School of Theatre building, once an auto-dealership.

Yes, that is a mechanic gargoyle in the Stone Gallery. It and many others line the high ceiling in a space now used for education.

Yes, that is a mechanic gargoyle in the Stone Gallery. It and many others line the high ceiling in a space now used for education.

In that magazine column, I was able to share only one image (that very cool decades-old Flxible tour bus, also pictured above). So I thought it would be terrific to share more images here from the Boston adventure. Here are a few more.

Currently, Phoenix seeks to emulate the success of places like Boston that have installed “parklets”—repurposed parking spaces that now accommodate non-car uses. Dozens of cities have already discovered that altering their laws to permit these spaces creates a more vibrant streetscape, which benefits the businesses nearby and adds to residents’ value.

This is just one example of many that businesses have taken when they install public parklets in Boston.

This is just one example of many that businesses have taken when they install public parklets in Boston.

Boston parklets, branded

Boston parklets, branded

A parklet reminder that the space has no predefined use.

A parklet reminder that the space has no predefined use.

The somewhat odd debate is occurring in Phoenix right now as to whether the city should have both public and private parklets. As seen in the images below, Boston’s are public—as are the parklets of 99 percent of the cities out there that have adopted this unique tool. (Is it an Arizona thing to imagine that higher benefits flow from passing public amenities on to the private sector? Hmm.)

In case there was any doubt, signage makes clear that all parklets are public (and not just for a business's customers).

In case there was any doubt, signage makes clear that all parklets are public (and not just for a business’s customers).

Also occupying former car space are wildly successful bike-share stations. They can be found at dozens of places around the city, which makes hopping on—and then off—an easy task.

Boston bike-share occupies space formerly used for cars.

Boston bike-share occupies space formerly used for cars.

Of course, adaptive reuse means businesses often live alongside—or above—residential spaces. This image shows multiple floors of retail and commercial (including below-grade) with residences above.

Business and residential together (and yes, that is Insomnia Cookies in the foreground). Boston streetscape

Business and residential together (and yes, that is Insomnia Cookies in the foreground).

And here is another former auto dealer that now markets bagels and other food through its massive plate-glass windows.

Boston adaptive use streetscape

Boston adaptive use streetscape

Finally, I couldn’t help but notice a former incinerator chute—not removed but left to evoke the past—in a university dorm.

Boston: The impulse to retain the past burns bright. An incinerator chute in a Boston University dorm.

Boston: The impulse to retain the past burns bright. An incinerator chute in a Boston University dorm.

 

Boston incinerator 2_opt closeup

Incinerator label closeup

Do you agree there is value in keeping and adapting the past? If you’re a lawyer involved in that effort, write to me at arizona.attorney@azbar.org.

Tomorrow, I’ll share another great adaptive reuse—here in Arizona, and with another legal angle.

A historic Boston cemetery contains the seeds of much of our nation's legacy.

A historic Boston cemetery contains the seeds of much of our nation’s legacy.

A brief pictorial tour today, from Boston, Mass.

No trip to a historic city is complete without a stop in a graveyard or two. Many of you may have dropped into the cemeteries near the city’s North End. A glance at the inscriptions yields a history lesson, and quite a few regarding prominent attorneys.

Some more photos are below. Have a wonderful—and epitaph-free—weekend.

Boston 2014 2 Paul Revere

Boston 2014 3 cemertery gravestone

Boston 2014 4 gravestone cemetery

At least one bar association offers a shield for a logo.

At least one bar association offers a shield for a logo.

This week, my family and I have the great good pleasure of being in Boston, Mass., as we deliver a child to college life.

Amidst the inevitable lobster dinner and a stroll on the Freedom Trail, I decided to look into a legal aspect to Beantown.

That’s a tradition I started years ago, always intrigued by the way other legal communities and associations do things. And that’s what takes me to the website of the Boston Bar Association.

The “look” of the BBA has always been one of my favorites, for a few reasons, I guess. (And no, not just because I will visit with friend and now-retired BBA communications exec Bonnie Sashin while I’m there!)

First, it’s one of the rare bar sites to go for a dark look. Perhaps seeking to avoid the shady reputation that attorneys may have, most legal organizations connote sweetness and bright-white light. The BBA site is steadfastly dark and yet still inviting—not unlike that stereotypical lawyer’s study we never see anymore.

Second, it has a shield. I know, all bars have a logo. But the Boston bar dispenses with a round image and opts for something that reminds us of, I don’t know, the Battle of Hastings. Very regal and heraldic.

Boston-Bar-Association logo

Content is king, though, and that’s where I admit they have it. I’ll point just to one element I found worthy of emulation: their stable of in-house blogs.

Yes, here in Arizona, we have a Blog Network that features the work of scores of lawyers. But the only blog I know of emanating from within the Bar’s walls itself is mine—this one.

Beautiful façade of the Boston Bar Association: Pass the chowder.

Beautiful façade of the Boston Bar Association: Pass the chowder.

Emerging from the Revolutionary-era brick building of the BBA, though, are a veritable army of well-done blogs. You can see the entire list here.

I’ll call you attention to one in particular today. The “Issue Spot” blog (their public policy blog) asks and examines a compelling question: Are prosecutors and public defenders paid enough?

As I adjust my lobster bib, I’ll keep my eyes peeled for other praiseworthy Boston legal connections. Can you recommend one? Write to me at arizona.attorney@azbar.org.

Cecil Ash is one of the former legislators who is now an Arizona Justice of the Peace.

Cecil Ash is one of the former legislators who is now an Arizona Justice of the Peace.

Do former lawmakers make good jurists? Should so many of them be justices of the peace?

A recent Arizona Republic article covered the intriguing issue of ex-legislators finding a “chapter 2” in the elected position of JP. Given the notoriously low pay of state lawmakers, the job of elected JP is a well-remunerated one.

No surprise: When it came time to write a headline, newspaper copyeditors simply couldn’t resist the phrase “cashing in” as a descriptor: “Ex-legislators cash in as justices of the peace” (the print newspaper title—“Justices Served”—struck the same note). Fair enough, I suppose. But the article itself offered a far more deep-thinking analysis of what the job entails and what kind of person fares best in the fast-paced and busy role.

I was pleased to see that the reporter spoke with Cecil Ash, one of the former lawmakers who now are on the JP bench. An anomaly, Ash is an attorney, rare in our Legislature and on that bench. And when he was in the Lege, he was one of the strongest voices advocating for a change to Arizona’s prison sentencing regime.

You can read the complete Republic story here.

AZ Supreme Court logoAccess to justice saw another positive step in Arizona this month, as Chef Justice Bales named the membership of the newly formed commission charged with examining the issue.

The creation of the Commission and the Chief Justice’s views on it were covered by me here. You also should read the Court’s new strategic agenda here. (And the August 20 Administrative Order is here.)

Here is the Court’s announcement of the new members. As mentioned before, the group will be led by its chair appellate court Judge Larry Winthrop.

“Arizona Supreme Court Chief Justice Scott Bales announces the formation of the 18-member Commission on Access to Justice. The Commission will be chaired by Lawrence F. Winthrop, Judge on Division One of the Arizona Court of Appeals and former president of the Arizona Foundation for Legal Services and Education.”

“‘Promoting Access to Justice’ is the first of five goals outlined in Advancing Justice Together: Courts and Communities, the new five-year strategic agenda for Arizona’s judiciary. In the Pledge of Allegiance, Chief Justice Bales noted, we commit ourselves to the goal of justice for all. The new Commission will be charged with identifying specific strategies to help us better realize this goal as our State’s population and technology change.”

“‘This is not a study commission; it’s a commission that will actively develop innovative ideas that remove barriers to justice,’ Chief Justice Scott Bales said.”

An Administrative Order issued on August 20 outlines initial priorities for the Commission:

  • Assisting self-represented litigants and revising court rules and practices to facilitate access and the fair processing of family court and eviction cases.
  • Encouraging lawyers and law firms to provide pro bono services or financial support for civil legal aid for those who cannot afford counsel.
  • Informing lawyers and other citizens about the availability of a state income tax credit for contributions to agencies that serve the working poor, including legal services agencies in Arizona.

In many family and justice court cases, one or more of the parties does not have a lawyer.  Self-representation presents a tremendous challenge not only to those litigants, but also to judges and other court personnel.

“Our courts and judges are doing the best they can under the circumstances, but the question is whether we can do a better job of helping people who choose to represent themselves in court, or for those who cannot afford the services of a lawyer,” Judge Winthrop said. “Our state has made great strides in this area over the last several years, but there remain some critical needs, such as helping people understand the process and navigate the court system. We also should do what we can to boost financial resources for legal service organizations who assist those most in need.”

Access to justice can be golden: Arizona Attorney Magazine opening image for a story on the topic by former State Bar of Arizona President Amelia Craig Cramer, Oct. 2012.Judge Winthrop also hopes that the Commission can further engage the business community concerning these issues.

“We want business and government leaders to understand that meaningful access to justice is a workplace and productivity issue. Most of the self-represented litigants in family court and housing cases are, in fact, part of some company’s work force. The whole enterprise suffers if your employee or co-worker is out of the office because they’re in family court or are dealing with housing issues,” Judge Winthrop explained. “If we can help people effectively resolve their court matters and in less time, that’s a ‘win-win’ for both the employee and the employer.”

Judge Winthrop said that people with legal issues are sometimes overwhelmed, and often don’t know where to go for legal help. Raising awareness of civil legal service options and encouraging greater community involvement will be a goal of the Commission. Taking advantage of advances in technology, retooling existing court-based legal self-help centers and the idea of expanding such services into a public library or community college setting will be possible approaches considered by the Commission.

Members of the Commission on Access to Justice include:

Chair

Lawrence F. Winthrop, Arizona Court of Appeals, Division I

Michael Jeanes, Superior Court Clerk

Mike Baumstark, Administrative Director of the Courts or designee

Kip Anderson, Court Administrator

Kevin Ruegg, Executive Director, Arizona Foundation for Legal Services & Education          

Maria Elena Cruz, Superior Court Judge

John Phelps, Executive Director, State Bar of Arizona or designee

Janet Barton, Superior Court Judge

Ellen Katz, Legal Aid Services, Maricopa

James Marner, Superior Court Judge

Anthony Young, Legal Aid Services, Southern Arizona

Thomas Berning, Limited Jurisdiction Court Judge

Steve Seleznow, Public Member

Rachel Torres Carrillo, Limited Jurisdiction Court Judge

Lisa Urias, Public Member

Barb Dawson, Attorney

Millie Cisneros, Attorney

Janet Regner, Arizona Judicial Council Liaison

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