Downtown Phoenix neighborhood "The Deuce," around Third St and Jefferson, early 1960s.

Downtown Phoenix neighborhood “The Deuce,” around Third St and Jefferson, early 1960s.

What happened to Miranda?

That intriguing question is how attorney Paul Ulrich opens his article on the landmark case that appears in the June Arizona Attorney Magazine.

Most everyone in the United States has at least a rudimentary knowledge of the Miranda warning, if not of the case itself. But 50 years on, how deep and long-lasting are the rights associated with Miranda v. Arizona? For in those five decades, multiple court rulings have chipped away at the bedrock of the case.

Is Miranda still a powerful case? Or merely an important piece of legal history?

Read Paul’s article, and let me know what you think.

One of the pleasures of covering the landmark case was in sharing some photos of downtown Phoenix, from about the same time period as Miranda’s arrest and trial.

As Paul mentions in his article, the once-shady—and vibrant—neighborhood of downtown was called “The Deuce.” Longtime residents are often pleased to share stories of the activities that marked the streets and alleys.

To learn more about that neighborhood, and more, read Jon Talton’s blog, Rogue Columnist. It is worth bookmarking.

And if you want a more concrete memory of the case, head over to the ABA website, where you buy a T-shirt emblazoned with the Miranda warning. You never know when that may come in handy

Cybersecurity and privacy were two of the primary topics at the 2016 TechShow.

Cybersecurity and privacy were two of the primary topics at the 2016 TechShow.

Great learning at conferences is one of the best things ever. But if you can’t be there, hearing the takeaways of smart folks may be the next best thing. In fact, because those correspondents have done the hard work of taking notes and synthesizing, it may be the ideal outcome.

That’s how I felt about this year’s ABA Techshow, which I was not able to attend. (I was in a different lawyer event just blocks away, but the closest I came to joining the techies was nearly crashing the Clio party. Next year.)

Although I missed the event, seven technology experts have boiled down for the rest of us their take on the biggest TechShow messages. You should bookmark and read their complete analyses here.

To synthesize even further their event coverage, here are a few insights from those smart people, whom you should follow (links take you to their Twitter worlds, which you should join):

  • ABA TechShow tips American Bar AssociationFrom Catherine Sanders Reach: “This year seemed to have had an unofficial theme: privacy and security.”
  • From Natalie Kelly: Uber Eats may be a fascinating analogue to assess how we deliver legal services.
  • From Heidi S. Alexander: Stop making unencrypted calls, and be sure you’re using the cloud securely.
  • From Reid F. Trautz: Our regulatory system is stifling innovation in the legal profession.
  • From Tom Lambotte: It’s scary out there, even for Macs.
  • From: Nora Regis: Better use of Excel, including pivot tables, can be your law-practice friend.

And in case you decide you need just a little more impetus to pay attention to technology, especially in regard to cybersecurity, enjoy this article about a hack of New York-based Cravath Swaine & Moore (originally reported by the Wall street Journal, but that’s behind a paywall, so the NYT wins.)

To access law firm data, hackers bypass the front door. Cravath Swaine & Moore cybersecurity

To access law firm data, hackers bypass the front door.

As the article opens:

“Federal authorities have warned for years that big law firms are ripe targets for computer hackers because they are information-rich repositories of corporate deals and other sensitive client information.”

“But big law firms, as a general rule, are loath to confirm whether they have been victims of data breaches, largely out of fear of alarming clients. Breaches and potential intrusions at large law firms often go unreported and generally come to light only anecdotally—often in news reports or discussions at legal conferences.”

Well, the anecdotes are growing more and more common. What are you doing to ensure your data is secure? Write to me at arizona.attorney@azbar.org with your tech-success story.

Oh, Twitter, right back atcha with that #love!

Oh, Twitter, right back atcha with that #love!

Some of you may find the following fact unastonishing: Today is the 10-year anniversary of Twitter.

Happy birthday, Twitter. I’m happy you’re here!

That most agile of social media channels has had some growing pains in the past year, and I am rooting for it to emerge stronger than ever.

The reason I’m a fan has everything to do with reader engagement—and the ability to learn news as it’s happening, rather than when a news conglomerate decides to drip-drip-drip out information.

Yes, in fact, Twitter does have a signature.

Yes, in fact, Twitter does have a signature.

Here at Arizona Attorney Magazine, Twitter was a game-changer. It has allowed us to know what was happening in real time. And it allowed us to share news as it broke. Pre-Twitter, unless you were the Associated Press, a TV channel, or a major daily newspaper, you were pretty much sidelined from breaking news, even in your own beat. But sweet sweet Twitter changed all that.

It’s helped in other ways. This past Friday, I presented to hundreds of legal leaders at the American Bar Association’s Bar Leadership Institute. I also invited continued dialogue on Twitter, and promised a gift of a terrific book to the best tweeter from the session. (More on that later.) No surprise, engagement spiked.

Because the digital world is all-knowable and all-knowing, I was able to look up my very first tweet, way back on August 12, 2009 (you can see it below). I was relieved that I did NOT launch my Twitter brief with a mention about my lunch. Instead, my inaugural tweet happens to combine a few of my fondest interests: lawyers and legal affairs, human rights, and historic preservation. A social-media trifecta!

my first tweet 08-2009-page0001

My first tweet: 140 characters pack a punch.

That was almost 25,000 tweets ago, and I am looking forward to all the conversations to come.

Feel free to follow me here; I’m pretty sure we’ll have a blast together!

Magna Carta Exhibit Reception Invite header

Eight hundred years is a long time, even across the Pond in Great Britain. That’s why they—and we—sit up and take notice when a remarkable document reaches 800 years old.

Officially, of course, Magna Carta is now 801 years old. But who’s going to quibble?

News arrived this week that a traveling banner exhibition commemorating the anniversary is headed to Arizona. Titled “Magna Carta: Enduring Legacy 1215-2015,” its kickoff reception occurs this Friday, March 4. Sponsored by the Arizona Attorney General’s Office and the Federalist Society for Law and Public Policy Studies, the event will be held at the state Capitol building. All the detail is below.

(And be sure to read our own coverage of the document’s birthday in our recent November issue.)

Though it's unlikely to have happened this way, here is one artist's rendition of Magna Carta being signed at Runnymede.

Though it’s unlikely to have happened this way, here is one artist’s rendition of Magna Carta being signed at Runnymede.

According to the organizers:

The reception begins at 5:00 p.m., and will take place in the Arizona Capitol Museum Rotunda (1700 W. Washington). Michael Bailey, Chief Deputy Counsel for the Arizona Attorney General’s Office, will offer brief remarks, and attendees will have the opportunity to preview the exhibit itself.

Light refreshments will be provided.

Developed by the American Bar Association Standing Committee on the Law Library of Congress and by the Library of Congress and its Law Library, the exhibition focuses on Lincoln Cathedral’s 1215 manuscript of Magna Carta, which stands as one of only four surviving original exemplifications from that year.

The banner exhibit will be on display in the Capitol Museum from March 4-23, 2016. The museum is open Monday through Friday, 9 a.m. to 4 p.m., and Saturday 10 a.m. to 2 p.m.

RSVP to Kileen Lindgren at klindgren@ij.org.

ABA logoThis morning, the American Bar Association and the NAACP released a joint statement on “Eliminating Bias in the Criminal Justice System.” It’s likely to get a lot of attention, for a few reasons:

  1. It offers a dozen specific recommendations that have the possibility of engaging the community and law enforcement and criminal justice officials in a deep and change-making way.
  2. It is a joint statement that is a result of collaboration between two persuasive organizations, the ABA and the NAACP Legal Defense and Educational Fund.
  3. It is drafted in straightforward language that faces head-on a crisis in race and policing.
  4. Its signatories include respected legal leaders, including prosecuting attorneys. (And it also includes Arizona’s own Professor Myles Lynk, of the ASU College of Law.)

The complete statement is available here.

NAACP LDF logoAmong the opening paragraphs are sentences like these:

“One would have to have been outside of the United States and cut off from media to be unaware of the recent spate of killings of unarmed African American men and women at the hands of white law enforcement officers. … Given the history of implicit and explicit racial bias and discrimination in this country, there has long been a strained relationship between the African-American and law enforcement. But with video cameras and extensive news coverage bringing images and stories of violent encounters between (mostly white) law enforcement officers and (almost exclusively African-American and Latino) unarmed individuals into American homes, it is not surprising that the absence of criminal charges in many of these cases has caused so many people to doubt the ability of the criminal justice system to treat individuals fairly, impartially and without regard to their race.”

After mentioning statistics on race in the criminal justice system and the recent Justice Department investigation of law enforcement practices in Ferguson, Missouri, the statement continues:

“Given these realities, it is not only time for a careful look at what caused the current crisis, but also time to initiate an affirmative effort to eradicate implied or perceived racial bias—in all of its forms—from the criminal justice system.”

Among its suggestions, the statement calls for:

  • More complete and comprehensive data collection on interactions between law enforcement and citizens, and more transparency from prosecutors’ offices on the use of prosecutorial discretion.
  • More training and assistance for all members of the justice system on the problems that can occur from real or perceived bias.
  • More hiring and retention of lawyers and officers “who live in and reflect the communities they serve” by prosecutors’ offices and law enforcement.
  • Greater use of body and vehicle cameras “to create an actual record of police–citizen encounters.”
  • Promotion of dialogue about the criminal justice process between representatives of the judiciary, law enforcement and prosecutors, defenders and defense counsel, probation and parole officers and community organizations as well the community.
  • More accountability and quicker response to issues that arise.
  • A better understanding of the collateral consequences of convictions and the damage they can inflict on individuals who have paid their debt to society.
William Hubbard, American Bar Association

William Hubbard, American Bar Association

In a press release, leaders of the two organizations offered remarks.

“The American criminal justice system is clearly in need of reform on multiple levels,” said ABA President William C. Hubbard. “As lawyers, we have a duty and responsibility to ensure the fair administration of justice and to promote public trust in the system. The solutions are not quick or easy, but these proposals offer a tangible and potentially significant framework to make sure the system provides justice for all.”

Sherrilyn Ifill, the president and director-counsel of the NAACP Legal Defense Fund, added, “The events of the last year have powerfully demonstrated the need for the members of our profession to confront the issue of racial bias in our justice system. We are very gratified that the ABA joined with us in convening a group of prosecutors to discuss the role they can play in dealing with this important issue.”

Sherrilyn Ifill, NAACP Legal Defense and Education Fund

Sherrilyn Ifill, NAACP Legal Defense and Education Fund

“Both the ABA and the LDF share a commitment to building confidence in the rule of law that has been badly shaken over the past year among many Americans. Prosecutors and other members of the criminal justice system must play a role as we move forward in the critical days ahead. The measures identified by the ABA and LDF present a powerful framework for prosecutors who are committed to taking on the issue of racial bias.”

I look forward to more news on this topic. Specifically, which of the 12 recommendations are likely to be adopted first and on a widespread basis? Are any of these suggestions currently being implemented, but on a smaller scale, perhaps in a state or in one jurisdiction?

After reading the statement, write to me at arizona.attorney@azbar.org to offer your thoughts.

An April 3, 2015, Arizona Forward event at the Arizona Supreme Court gathered advocates and legal experts to addr4ess access to justice issues.

An April 3, 2015, Arizona Forward event at the Arizona Supreme Court gathered advocates and legal experts to addr4ess access to justice issues.

Our offices will be closed for the Fourth of July holiday on Friday, July 3. But before I head for the hills, I’ll share one more post for this week, this one written by my prolific colleague Alberto Rodriguez.

His piece is in regard to a noteworthy event held earlier this spring. Arizona Forward was a gathering of people and organizations committed to access to justice. Held at the Arizona Supreme Court on April 3, 2015, speakers included American Bar Association President William C. Hubbard.

Now, the event organizers have released their report, which Alberto summarizes for us here (more event photos are at the end of this post; click to enlarge and to view them in a slideshow):

Speakers at the April 3, 2015, Arizona Forward event included (L to R) State Bar CEO John Phelps; ABA President William Hubbard; Arizona Chief Justice Scott Bales; State Bar Governor Jeff Willis; and State Bar President Richard Platt.

Speakers at the April 3, 2015, Arizona Forward event included (L to R) State Bar CEO John Phelps; ABA President William Hubbard; Arizona Chief Justice Scott Bales; State Bar Governor Jeff Willis; and State Bar President Richard Platt.

Legal professionals and community leaders are one step closer to solving the shortage of accessible legal services in Arizona. Arizona Forward, a day-long conference held in April that focused on finding new and better ways to deliver legal services, has released its findings, which included the following.

To move Arizona forward in the future delivery of legal services to its citizens, the significant changes in demographics, economies and technology must be considered by leaders from all sectors of the community-at-large.

  • (We) need to consider further augmentation of the legal services profession, beyond licensed document preparers, to include greater use of non-lawyers and paraprofessionals.
  • (We) need to communicate more effectively to those who need legal services about access to the legal system and recognize when legal advice is needed.
  • (We) must harness technology in every imaginable way to reach and assist those in need of legal services.

The underlying theme in the report was the need for increased communication. Advancements in technology will help to tackle this communication barrier. As technology continues to advance, it will play a key role in ensuring that it provides the gateway in linking those who need legal services to those who can provide it. Mobile and virtual technology are two elements being considered.

As Arizona Supreme Court Chief Justice Scott Bales has said, “Having meaningful access to legal services is vital to fulfilling the promise of justice for all. The goal of Arizona Forward is to find new, innovative solutions that advance justice for all Arizonans.” That first step was taken, and the first goal met by the State Bar of Arizona, the Arizona Supreme Court, the American Bar Association and the Sandra Day O’Connor College of Law at ASU, who co-sponsored the event, along with community leaders from across the state, was to identify the issues and offer attainable solutions.

For more information on Arizona Forward and to read the report, click here or contact Carrie Sherman at 602-340-7201. To learn more about the nationwide initiative led by the ABA Commission on the Future of Legal Services, click here.

A photo of a 1297 version of Magna Carta (Sotheby's, via Associated Press)

A photo of a 1297 version of Magna Carta (Sotheby’s, via Associated Press)

I was going to let the Magna Carta’s 800th birthday go unremarked on this blog. After all, that marvelous document s getting quite a bit of ink.

In fact, we at Arizona Attorney Magazine covered the June 15 event in our June issue, with a terrific book review and with a news story about talented high school filmmakers.

So enough already, right?

That’s how I felt, until I read yesterday’s blog post of the NW Sidebar, the blog of the Washington State Bar Association. It opens:

“June 15, 1215: King John of England sealed–not signed–Magna Carta, placing limits on the powers of the crown for the first time. On the 800th anniversary of Magna Carta, it’s widely known that the U.S. constitution and legal system has roots in the historic document. Here are five facts about Magna Carta you might not know …”

Read the whole post here.

But I must—even a day late—add two worthy elements to your knowledge of this historic event. One is local, and one is in regard to a skirmish among legal historians.

  1. The local: The Arizona Bar’s own Trish Refo participated in the festivities in England that spanned this past week. She is the Chair of the ABA House of Delegates, as well as a partner with Snell & Wilmer in Phoenix. As the American Bar Association reported:
Trish Refo, left, chair of the ABA House of Delegates, introduces Andrew Caplen, president of the Law Society of England and Wales, during the June 11 opening of the ABA London Sessions. In the center is ABA President William C. Hubbard.

Trish Refo, left, chair of the ABA House of Delegates, introduces Andrew Caplen, president of the Law Society of England and Wales, during the June 11 opening of the ABA London Sessions. In the center is ABA President William C. Hubbard. (Credit: Professional Images)

Refo … introduced Andrew Caplen, president of the Law Society of England and Wales, during the June 11 opening of the ABA London Sessions at Westminster Central Hall.

“We are honored that President Caplen has joined us to mark this momentous occasion, the 800th anniversary of the sealing of Magna Carta,” Refo said.

The London Sessions, which ran from June 11-15, were the culmination of a yearlong celebration of the historic charter. The celebration featured preeminent speakers and 16 continuing legal education programs that focused on the Great Charter’s impact and relevance on the rule of law today.

Trish Refo, right, greets Queen Elizabeth II.

Trish Refo, right, greets Queen Elizabeth II. (Credit: Professional Images)

Refo was present at Monday’s morning-long Magna Carta anniversary celebration, where she met Her Majesty Queen Elizabeth II. The morning’s events, attended by more than 4,000 guests, were followed by a rededication ceremony of the newly refurbished ABA Memorial, which was erected in 1957 to honor the legacy of Magna Carta and the principles of justice it represents.

ABA President William C. Hubbard led the rededication ceremony, which was attended by dignitaries including Princess Anne, United States Attorney General Loretta Lynch, Vice Admiral Sir Timothy Laurence, U.K. Foreign Secretary Philip Hammond, and Matthew Barzun, U.S. ambassador to the United Kingdom.

  1. The legally hisorical: I urge you to read this article in the New York Times that describes an ongoing disagreement among scholars as to how significant—really—the Magna Carta was and how compelling to our imagination it should remain.

As the reporter writes:

“In the United States, Magna Carta—it means Great Charter in Latin—is treated with a reverence bordering on worship by many legislators, scholars and judges. It is considered the basis for many of the principles that form the Constitution and Bill of Rights.”

As the story says, a significant number of folks do not agree with that assessment. Here’s the whole story.

Happy birthday anyway, Great Charter!