Law Practice


An adult Gerald Gault and his attorney Amelia Lewis.

An adult Gerald Gault and his attorney Amelia Lewis.

The 50th anniversary of the landmark decision In Re Gault will be the focus of a May 15 event in Phoenix, sponsored by ALWAYS—Arizona Legal Women and Youth Services. The evening next Monday will include a reception and dramatic performance by Rising Youth Theatre.

Gault is the U.S. Supreme Court decision based on an Arizona case that ensured the right to a lawyer for children accused of crimes in juvenile court. More specifically, it held that “juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.”

ALWAYS logo Arizona Legal Women and Youth Services

That evening, ALWAYS also will “honor the leadership behind the Youth Collaborative in Maricopa County with the 2017 Youth and Justice Award.”

  • When: Monday, May 15, 2017
  • Time: 5:00 p.m. – 7:00 p.m.
  • Where: University of Arizona College of Medicine – Phoenix Campus

Rising Youth Theatre logoAddress (see map below):

Virginia Piper Auditorium, 600 E. Van Buren St., Phoenix, AZ 85004

Free tickets are available here.

In Arizona Attorney Magazine, we covered the Gault anniversary in our May issue. Start reading here.

Here is an article by Judge Peter Cahill and Sarah Edwards.

Here is an article by Judge Jay Blitzman.

Gault order by Justice Lorna Lockwood for habeas hearing

Gault order by Justice Lorna Lockwood for habeas hearing (click to enlarge)

And here is more information about ALWAYS:

Arizona Legal Women and Youth Services is a nonprofit law office committed to opening the doors of justice for youth and young adults who have experienced homelessness, human trafficking, abuse, or the foster care system. We are attorneys, advocates, and volunteers working together to eliminate legal barriers to success and stability for vulnerable young people in Arizona. We believe every person deserves full access to the justice system, and we work every day to make this a reality for vulnerable youth in Arizona. We provide no-cost legal services to support the safety, stability, and self-sufficiency of our clients. ALWAYS services include full representation, consultations and brief advice, training, and system reform advocacy.

Map to the event:

Today, we talk about parallel citations and what the Arizona Supreme Court says. railroad tracks

Today, we talk about parallel citations and what the Arizona Supreme Court says.

In what may be the most legal blog post I’ve ever published, I share below news from the Arizona Supreme Court regarding a change in its policy regarding parallel citations. This may be good news to those of you who suspended their use quite a while ago. Here is the Court:

The Arizona Supreme Court has determined that as of now it will no longer require any appellate briefs, petitions, and other pleadings filed in that Court to contain parallel citations for Arizona cases. This means that when citing Arizona cases to the Court, lawyers and self-representing parties need only cite to the Arizona Reports alone, without a parallel citation to the Pacific Reports.

AZ Supreme Court logo
While the Arizona Rules of Civil Appellate Procedure has not required any more than citation to the official reports for civil appeals since January 1, 2015, for criminal matters Arizona Rule of Criminal Procedure 31.13(c)(vi) currently requires citation “also when possible to the unofficial reports.” A petition that proposes to restyle the Criminal Rules, specifically proposed new Rule 31.10(g), is expected to be on the Court’s August Rules Agenda. Meanwhile, the Supreme Court will no longer expect parallel citations in criminal case filings.

Citations for specific points of law within a case still must include “the volume, page number and, if applicable, the paragraph number, of the official Arizona reporter.” See Arizona Rule of Civil Appellate Procedure 13(f).

SBA program on dementia in the legal profession 04-07-17

This Friday, a program examines the growing problem of dementia in society—specifically its impact on attorneys and the legal profession.

It follows on the heels of a terrifically successful February program touching on the topic. That CLE reached more than 1,000 registrants nationwide (which I covered here). But this seminar on Friday focuses on the needs of and processes for Arizona practitioners.

Here is information about the program, titled “Spotlight on Dementia: Arizona Lawyers, Judges and the Practice of Law” (May qualify for up to 2 CLE/1 Ethics).

When: April 7, 1:00 p.m. – 4:00 p.m.

Where: McAuliffe CLE Center, 4201 N. 24th Street, Phoenix

To Register:

Detail:

sba_logo_color State Bar of ArizonaAlzheimer’s and other dementias do not typically announce their arrival in a sudden manner. The gradual onset of the disease means that subtle changes in a person’s behavior or performance may not be initially recognized as dementia. Co-workers and colleagues are frequently one of the first to notice changes. This program addresses dementia issues as they pertain to attorneys and judges.

Program highlights include:

  • Recognizing symptoms of dementia, treatment options and ongoing care
  • Duties and obligations of Arizona lawyers and judges and practical approaches to follow if one suspects a colleague or client has dementia
  • Resources for patients, families and caregivers

Seminar Faculty:

  • Hon. Louraine Arkfeld, Tempe Municipal Court (ret.)
  • Justice Clint Bolick, Arizona Supreme Court
  • Hon. Louis Dominguez, Surprise City Court
  • Jan Dougherty, MS, RN, FAAN, Banner Alzheimer’s Institute
  • Hon. Margaret Downie, Arizona Court of Appeals – Division One
  • James Fitzpatrick, Alzheimer’s Association, Desert Southwest Chapter
  • Marsha Goodman, Frazer, Ryan, Goldberg and Arnold, LLP
  • Lisa Panahi, State Bar of Arizona
  • Hon. Roxanne Song Ong, Phoenix Municipal Court (ret.)

Court Personnel: For additional viewing options please contact: Renu Sapra at 602-452-3015 or rsapra@courts.az.gov

Abogados a Su Lado on immigration 03-01-17

Attorneys assist at Abogados a Su Lado phone bank, March 1, 2017.

News from my colleague Alberto Rodriguez:

The State Bar of Arizona and Univision Arizona hosted the first Abogados a Su Lado (attorneys on your side) phone bank of the year on Wednesday, March 1, 2017. This access to justice program was held to help the immigrant community understand the impact of the President’s Executive Orders.

The Bar’s role as a partner and organizer of the phone bank was to help the immigrant community connect with licensed attorneys for sound legal advice. The immigrant community is often victimized by notarios and document preparers during high-profile activity associated with immigration law.

The phone bank on immigration law was held on Wednesday, March 1, from 5:00 to 10:30 p.m.

sba_logo_color State Bar of ArizonaThere were nine volunteer attorneys:

  • Marisol Angulo, Hernandez Global
  • Emilia Banuelos, Banuelos Law Office
  • Vanessa Black, Vanessa Black Law Immigration Law Firm
  • Joshua De La Ossa, De La Ossa & Ramos
  • Seth B. Draper, Salvatierra Law Group
  • Judy Flanagan, Judy C. Flanagan, PC
  • Ayensa Millan, CIMA Law Group
  • Edwin G. Ramos, De La Ossa & Ramos
  • Javier Sobampo, Sobampo Law Firm

Volunteer attorneys answered 381 calls regarding immigrant rights and changes in immigration law during the five-and-a-half-hour phone bank.

We thank the attorneys as well as Univision Arizona for its continued partnership in providing this valuable program for the Spanish-speaking community. We also thank the volunteers from Mi Familia Vota who helped with event logistics.

In partnership with the Florence Project, The Rogue Trio will perform February 24 at ASU's Katzin Hall.

In partnership with the Florence Project, The Rogue Trio will perform February 24 at ASU’s Katzin Hall.

This month’s headlines were filled with developments regarding immigration law and significant changes that are proposed for its enforcement.

If you’re seeking a very creative way to be imbued with the immigrant experience, an event this Friday night at ASU may be the (free) ticket—or the boleto, if you’d prefer.

Florence Project logo 25 years

As organizers describe it: For one night only, The Rogue Trio partners with the Florence Project to create a unique musical experience, featuring testimony of Florence Project clients. Making his southwest debut, composer Ralph Lewis takes powerful testimony of immigrants detained in Arizona and combines their accounts with live and electroacoustic music for a moving musical juxtaposition that brings hope amongst fear.

Did you catch that? Migrant testimony in combination with music.

florence-project-rogue-trio-immigration-music-event

The performance will be held at Arizona State University’s Katzin Hall on Friday, February 24, at 7:30 p.m. Doors will open at 7:15 p.m., and admission is free. Parking information can be found here. If you have any questions, reach out to Greer Millard at gmillard@firrp.org or 602-795-7407. More information on the The Rogue Trio is here.

And who are The Rogue Trio? They are: Justin Rollefson on saxophones, Kathleen Strahm on violin, and Mary Strobel-Price on piano. They describe their work as “a contemporary chamber ensemble that explores the diverse color palate of an unconventional assortment of instruments.” Color me interested. You can visit their website here, and find them on Facebook here.

Meantime, in other legal news related to the high-profile nature of immigration cases today, here’s an ABA Journal article about a website that connects volunteer lawyers with travelers affected by the immigration ban.

As ABA Journal reporter Debra Cassens Weiss writes, “Airport Lawyer allows users to input information about people targeted by the ban who are traveling to the United States—whether it’s the user, a friend or family member. The information can be shared with lawyers who can be available at the airport to monitor arrivals. … A list of the airports where volunteer lawyers are available through the app is here.”

airport-lawyer-website-connects-volunteer-lawyers-with-travelers-affected-by-immigration-ban

The future of legal search will be embedded in artificial intelligence.

The future of legal search will be embedded in artificial intelligence.

Bob Ambrogi is an experienced and talented journalist who covers the legal profession. And all of that means he has the essential element of skepticism. So when he covers the evolving horse race in legal research, I tend to trust his takeaways.

Oh, you didn’t know there’s a horse race? Well, that could be a problem. Because strategic thinkers are assessing the best and most efficient ways to do legal research. Time was, we’d all sit at tables with mounds of books. And don’t forget your Shepard’s, unless you like malpractice claims.

We’ve advanced, of course, and most all of us know the ins and outs of some legal software, be it Lexis, Westlaw, Fastcase, Casemaker … what have you.

But the world is not standing still while the Lexises of the world (Lexii?) run the board. Instead, ROSS has entered the scene.

You may know ROSS Intelligence as the artificial-intelligence tool that has become adept at beating world-class chess pros. Bored, or something, ROSS has turned its attention to the legal field. I’m guessing there may be a few extra dollars in the legal field rather than in board games.

It was bound to happen, but someone has made a head-to-head (byte-to-byte) comparison of Westlaw, Lexis, and ROSS.

The takeaway: In certain areas, those first two had better get to the gym, because they are being outpaced by their artificial intelligence cohort.

You can read all of Bob’s takeaways here.

Part of the research into ROSS Intelligence included the user experience. (Source: Blue Hill Research)

Part of the research into ROSS Intelligence included the user experience. (Source: Blue Hill Research)

As you’ll see and maybe appreciate, he couches his conclusions with a number of caveats—not the least of which, the test was performed in a practice area—bankruptcy—in which ROSS was initially developed. So maybe that robot intelligence simply is most at home on that playing field.

But its competitors probably should not reside in that comfortable excuse. Clearly, the search landscape is changing.

And of course, in that change may be opportunities for lawyers. Especially those who are forward-thinking and recognize the strategic advantage in better, more efficient search.

Meantime, if you want an even deeper dive, here is the report from Blue Hill Research, the company that did the comparison tests, and detail from the ROSS folks themselves.

open-the-pod-bay-doors-hal-1gefjgb

state-bar-of-arizona-dementia-program

Every 66 seconds, someone in the United States develops Alzheimer’s disease.

That stunning fact—and its impact on our personal and professional lives—drove the creation of a special State Bar of Arizona program on dementia and its impact on lawyers and judges.

The free live webinar will be screened one week from today, on Wednesday, Feb. 15, from 10 am to 11:15 am.

More information and free registration are here.

The program is being produced by the State Bar and the Arizona Supreme Court, in cooperation with InReach.

As organizers say, the number of Americans living with Alzheimer’s, the most common form of dementia, is rapidly growing in part due to the aging baby-boomer population and increased life expectancy. Currently, an estimated 5.4 million Americans are living with the disease.

The Bar’s hope for the program is to:

  • share information about the signs of dementia
  • provide links to help navigate the available resources
  • highlight the responsibilities and opportunities for lawyers and judges.

The program is not intended to offer CLE credit as it has not been developed with MCLE rules in mind. Instead, it is available as a service for members of the bench and the bar.

(The Bar will offer a follow-up three-hour CLE program in April that addresses Arizona-specific duties and opportunities.)

State Bar of Arizona logo 

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