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Arizona election errors have been making the news ... today, and generations ago. November 2016 Arizona Attorney Magazine

Arizona election errors have been making the news … today, and generations ago.

If you haven’t voted yet, stop reading, put down your device, and get to your polling place. Now.

But if you have, then kick back with your I Voted Sticker (you earned it) and enjoy a tale of election administration errors from 1936. In many ways, the lessons it offers are as fresh as 2016.

Our cover story in the November 2016 issue is a terrific one. As attorney–author Joe Kanefield opens his article:

Attorneys Joe Kanefield and Kelly Schwab present at the State Bar of Arizona Convention, June 2013.

Attorneys Joe Kanefield and Kelly Schwab present at the State Bar of Arizona Convention, June 2013.

“The Arizona Secretary of State faces scrutiny after failing to distribute voter-information pamphlets in advance of an election as required by law. A concerned citizen fears that voters casting ballots for a controversial education proposition will be uninformed and files a complaint to postpone the election. The Secretary responds and urges the election to proceed.”

“No, this story isn’t about Secretary of State Michele Reagan in 2016—it’s about Secretary of State James Kerby, 80 years earlier in 1936. But if the story sounds familiar, that is because history has indeed repeated itself.”

“So, what happens when an election official neglects to perform a mandatory duty required by the Arizona Constitution and state law? What are the consequences? What should they be?”

“This article addresses these questions by reviewing the respective situations in which Secretaries Kerby and Reagan found themselves when they neglected to deliver pamphlets to voters prior to the November 3, 1936, general election and the May 17, 2016, special election.”

You can read the whole story here.

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Thank you to Joe Kanefield for conceiving of and writing such a relevant story of ballot woe!

And … Happy Election Day!

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Photos from the Glendale Stand Up for Veterans, Sept. 24, 2016.

Photos from the Glendale Stand Up for Veterans, Sept. 24, 2016.

Some great news from my colleague Alberto Rodriguez:

On Saturday, September 24, 2016, the State Bar of Arizona and 11 of its members participated in the 2016 Glendale Stand Up for Veterans event at Glendale Community College. The State Bar and volunteer attorneys joined several service providers at the one-day event that offered a variety of free health and human services to 324 veterans in our state. Volunteer attorneys from across the Valley answered questions during one-on-one consultations with veterans seeking legal advice.

The “Civil Law Clinic” organized by the State Bar offered legal consultations by members who practice family law, bankruptcy/foreclosure/tax law, probate/trust law, and real estate/landlord & tenant law.

pro bono gavelVolunteer attorneys provided 77 consultations during the legal clinic for the 63 veterans who were seen. In addition, many attorneys offered pro-bono legal services after the Stand Up to veterans who needed additional help. Adding to the legal services provided for veterans, on-site courts coordinated by Hon. Elizabeth Finn, Presiding Judge of the Glendale City Court, saw 231veterans who needed to address court-related issues.

The State Bar offers its sincerest appreciation to the attorneys who committed to helping veterans at the Stand Up event. The following is a list of the attorney and logistics volunteers:

VOLUNTEER ATTORNEYS

Dorothy Brogan, Law Office of Dorothy E. Brogan

Doug Edmunds, Edmunds Law

Rebecca Elliot, Rebecca Elliott Attorney at Law

Nathan Finch, Catalyst Legal Group

Tim R. Geiger, Geiger Law Offices

Steven D. Keist, Keist Law

Tonya MacBeth, Burch & Cracchiolo, PA

Cindy Greene, Simmons & Greene, PC

Ian Hasegawa, Hasegawa Paulsen, PLC

Brant Hodyno, Brant Hodyno, Compassionate Counsel

Janis Villalpando, Community Legal Services

 

VOLUNTEER PARALEGAL

Cory Rade

 

LOGISTICS VOLUNTEER

Katrina Morales, Community Volunteer

 

Yavapai County Courthouse (court website)

Yavapai County Courthouse (court website)

News from the Superior Court in Yavapai County:

Please join the Arizona Superior Court in Yavapai County for an open-house celebration of the 100th anniversary of the laying of the Yavapai County Courthouse cornerstone. This event will take place on Saturday, October 15, 2016, from 10:00 a.m. to 2:00 p.m. at the Prescott Courthouse, 120 S. Cortez in Prescott.

Yavapai County Courthouse cornerstone

Yavapai County Courthouse cornerstone

We are extremely excited about the addition of an exhibit area on the first floor near the Law Library that will showcase historical items that were used in the courthouse through the last century. Along with exhibits, we will have historical photos displayed throughout the courthouse (images courtesy of the Sharlot Hall Museum) depicting the jewel of Yavapai County.

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We will have docents onsite to share their knowledge and help guide you through the courthouse. We also will have folks dressed in period costumes to enhance your experience while celebrating this milestone.

A sample of photos by Matika Wilbur, via Project 562.

A sample of photos by Matika Wilbur, via Project 562.

If you’re fortunate enough to have today off for Indigenous People’s Day, I’ve got a suggestion for the best place to spend it: The Heard Museum in Phoenix, which has a series of events to commemorate the day.

Here is a list of the events, which begin at 12:30 p.m.

You may have heard that the Phoenix City Council voted that the city would celebrate Indigenous People’s Day. That makes it the largest U.S. city to celebrate the annual event.

As the news story reported:

The proposal to create Indigenous Peoples’ Day in Phoenix emerged in May, when residents Jeff Malkoon and Carlos Bravo submitted to the city an application for a historical commemoration.

“The city of Phoenix is built on what was the Hohokam civilization,” Malkoon told council members. “We just think this is a significant statement for a city like Phoenix, being such a center point in the Southwest.”

And this is part of a growing national trend, as CNN reports.

In what was a great preview of Monday’s Heard events, audience members at the Heard Sunday afternoon heard from two artists and two lawyers on the intersection of art, Indian identity and law. (I wrote about the event here.)

That gathering included insights from artists Matika Wilbur and Gregg Deal.

Deal’s film “The Last American Indian on Earth” was screened. It shows, in surprising and occasionally humorous ways, the complicated relationship mainstream American society has with Native culture.

Wearing a faux historic Indian costume (manufactured in China, for good measure), Deal strode about Washington DC. The reactions he got were troubling and laden with meaning.

As Deal says in the voiceover, “When you let the cameras roll, Americans, they don’t disappoint.”

As one hand-written sign he holds tells passersby, “My spirit animal is white guilt.”

L to R at the Heard Museum panel on Indian identity, art, and law, Oct. 9, 2016: Matika Wilbur, Kevin Gover, Gregg Deal, Brett Shelton.

L to R at the Heard Museum panel on Indian identity, art, and law, Oct. 9, 2016: Matika Wilbur, Kevin Gover, Gregg Deal, Brett Shelton.

Matika Wilbur then spoke, presenting her itinerant photo experience with Project 562, which aims to photograph citizens of each federally recognized tribe in the United States (there are now 566).

As she describes on her site:

“Most of the time, I’ve been invited to geographically remote reservations to take portraits and hear stories from a myriad of tribes, while at other times I’ve photographed members of the 70 percent of Native Americans living in urban settings. My hope is that when the project is complete, it will serve to educate the nation and shift the collective consciousness toward recognizing our own indigenous communities.”

A longtime educator from Seattle, Wilbur asked, “When are we going to stop asking our children to choose between cultural education and Western education?”

Wilbur also spoke about how Indian identity is “inextricably connected to the land.” Discussing the sensation known as solastalgia—separation from home—she wondered how the Cocopah, for instance, known as the people of the blue-green water, could be Cocopah if access to that water is denied or destroyed.

In the subsequent panel discussion, attorney Kevin Gover addressed that issue and the way violations have been visited on Native peoples by the American legal system. For example, in Fletcher v. Peck (1810), the U.S. Supreme Court determined that Indian title to land was not true title, as Indians were itinerant hunters and had never been farmers—an absolute misstatement of the facts. But it was decisions like that which provided the veneer of law to unjust decisions.

In fact, Gover pointed out, the most famous Native-land-title cases were collusive ones, manufactured conflicts presented by land speculators to prod a desired outcome from a compliant Court. To America’s enduring shame, the Court proved a willing co-conspirator in the effort.

The American legal system, Gover said, “played a huge role in the removal and dispossession of Native peoples.”

Through their art, Matika Wilbur and Gregg Deal explore America’s complicated relationship with Native peoples. As a teacher, Wilbur reminded the audience that these mainstream viewpoints are learned ones, and that the dominant Western view of Indians helps shield society from honest appraisals.

To illustrate that, she showed search results in Google images from searches for the simple terms “African American,” “Asian American,” “Hispanic American,” and, finally, “Native American.”

Among all of those searches, the Native American search was the only one that yielded an almost uniform view of Indians as historic beings—and actually as faux historic beings. Nearly every image reconfirms the popular image of Indians as conceptualized 150 years ago.

Google image search results for "Native American," Oct. 9, 2016.

Google image search results for “Native American,” Oct. 9, 2016.

Where are the modern Indians who live among us, Wilbur asked.

They are all about us, Wilbur and Deal said. If people are willing to see.

Again, here are today’s Heard Museum events.

Google image search results for "Asian American," Oct. 9, 2016.

Google image search results for “Asian American,” Oct. 9, 2016.

Google image search results for "African American," Oct. 9, 2016.

Google image search results for “African American,” Oct. 9, 2016.

Google image search results for "Hispanic American," Oct. 9, 2016.

Google image search results for “Hispanic American,” Oct. 9, 2016.

 

State Bar of Arizona SBA_Logo_ColorIn case you missed it, here is news about important changes to Rule 32, the Arizona Supreme Court rule that establishes and defines the State Bar. The changes were proposed by the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, led by former Chief Justice Rebecca White Berch. The task force was created in 2014 (see the Order).

As the State Bar reports,

“The State Bar of Arizona’s consumer protection role has been enhanced thanks to a revised rule from the Arizona Supreme Court. The changes to Rule 32 … add language that refines the organization’s mission. While the State Bar has always focused its efforts on protecting the public, that language is now in the rule. The updated wording says, ‘The State Bar of Arizona exists to serve and protect the public with respect to the provision of legal services and access to justice.’”

Arizona_Supreme_Court_SealOther changes affect the Board of Governors and the Board of Legal Specialization, among other things.

You can read about the changes here.

And the full rule change is here.

A new report from an Arizona Supreme Court task force explores the costs of pretrial penalties, fees, and cash-bail policies. jail Tent City Maricopa County

A new report from an Arizona Supreme Court task force explores the costs of pretrial penalties, fees, and cash-bail policies.

“Who pays?” could be the underlying theme for a new report out of the Arizona Supreme Court task force Fair Justice for All. One of the vital topics it examines is the inequities that may exist in a system of cash bail for those awaiting trial.

An Arizona Republic story describes the task force report. One of the report’s recommendations would be to move toward a risk-assessment approach in terms of bail. Already in use in some other states, the assessment would determine an individual’s danger to the community and his likelihood to return for hearings and trial. Critics say the current system more accurately assesses the depth of a defendant’s bank account than the more relevant questions.

Arizona_Supreme_Court_SealThe task force ultimately made 65 recommendations. The full report is here, and more detail about the report and its process is here. As you’ll see, the report examines the effects of court fines, fees, and penalties, as well as pretrial release policies.

I’m currently in conversation with a potential author who would write an article for Arizona Attorney explaining what this all means. More to come.

Of course, I previously wrote about another groundbreaking report titled “Who Pays?” It was created by the Ella Baker Center for Human Rights. At that time, I spoke with the Center’s Zach Norris about the “true cost to families of incarceration.”

You should read that report here, as it well examines the additional penalties that follow a previously incarcerated person after release and return to the community. That is the other side of a coin being written by the Arizona Supreme Court, about the cost of pretrial penalties.

A graph offers data on how many unconvicted individuals are held in the Maricopa County jail system awaiting trial.

A graph offers data on how many unconvicted individuals are held in the Maricopa County jail system awaiting trial.

Cecilia Marshall, 88, the widow of U.S. Supreme Court Justice Thurgood Marshall, still lives in Falls Church, Va., where they moved three decades ago. (Sarah L. Voisin/The Washington Post)

Cecilia Marshall, 88, the widow of U.S. Supreme Court Justice Thurgood Marshall, still lives in Falls Church, Va., where they moved three decades ago. (Sarah L. Voisin/The Washington Post)

What could be better on a Change of Venue Friday than a love story? Plus a little law, of course.

A story in the Washington Post describes the courtship and marriage of Cissy Marshall and her famous husband, Justice Thurgood Marshall. When Cecilia Suyat married Thurgood, she encountered resistance even within her own Filipino family. How ironic and wholly American is their story, therefore—as her husband went on to be the celebrated trial attorney who won the Brown v. Board of Education case.

Thurgood Marshall, who led the NAACP’s legal team, and his wife, Cecilia, leave the Supreme Court after the high court ordered the Little Rock School Board to proceed with integration at Central High School. (UPI)

Thurgood Marshall, who led the NAACP’s legal team, and his wife, Cecilia, leave the Supreme Court after the high court ordered the Little Rock School Board to proceed with integration at Central High School. (UPI)

And here is a short video of Cissy related to the story of their interracial marriage.

When you’re done reading the Post piece, be sure to read our book review of Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America, by Wil Haygood. The review is by Judge George Anagnost.

Have a terrific—and love-is-love-filled—weekend.

Showdown Thurgood Marshall book cover by Wil Haygood

 

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