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.

Arizona_Supreme_Court_SealThanks to a change in Arizona law, there are two new openings on the Arizona Supreme Court. Applications are due August 8, so start reviewing your resume and gathering your recommendations. Here is how the Court describes the positions and the process:

Applications are being accepted for two new positions on the Arizona Supreme Court. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for each position to Governor Doug Ducey.

A copy of the application form can be downloaded at the Judicial Department web site. Applications may be also obtained from the Administrative Office of the Courts, Human Resources Department, 1501 W. Washington, Suite 221, Phoenix, by calling (602) 452-3311, by sending an electronic mail request to jnc@courts.az.gov.

Applicants must be at least 30 years of age, of good moral character, and, for the past 10 years, admitted to the practice of law in and residents of Arizona.

The original completed application, one single-sided copy and 16 double-sided copies must be returned to the Administrative Office of the Courts, Human Resources Department, 1501 W. Washington, Suite 221, Phoenix, AZ, 85007, by 3:00 p.m. on August 8, 2016. The Commission may, at its discretion, use the applications filed for these vacancies to nominate candidates for any additional vaca­ncies known to the Commission before the screening meeting for these vacancies is held.

All meetings of the Commission on Appellate Court Appointments are open to the public.

As of January 1, 2017, the new justices will be paid $157,325 annually.

Arizona Supreme Court building

Two new Arizona Justices will be appointed, following a new law signed by Gov. Doug Ducey. Applications are due August 8, 2016.

Nepal Justice System Delegation Returns to Arizona Supreme Court 2016_opt

Representatives from Arizona and Nepal meet.

News from the Arizona Supreme Court:

The United Nations Development Program (UNDP) recently sponsored a second visit to the Arizona Supreme Court with members of Nepal’s judiciary. After a 2015 visit with the Arizona Supreme Court, the Nepal Supreme Court established an access to justice commission modeled on what they learned in the United States, including the example of the Arizona Supreme Court’s own Access to Justice Commission.

Earlier this year, the Honorable Ms. Sushila Karki became the first female Chief Justice of Nepal’s Supreme Court.

Nepal Chief Justice Sushila Karki

Nepal Chief Justice Sushila Karki

As part of the UNDP project entitled Access to Justice Commission (A2JC) Study Visit in Nepal, the Nepalese judges met with Chief Justice Scott Bales and local subject matter experts to discuss such topics as: strengthening access to justice, addressing domestic violence cases, increasing representation of women in the judiciary, and meeting the justice needs of minority communities. The day-long program included the following speakers:

  • Mr. Dave Byers, Director, Arizona Supreme Court
  • Hon. Scott Bales, Chief Justice, Arizona Supreme Court
  • Hon. Maurice Portley, Judge, Court of Appeals, Chair of Commission on Minorities
  • Professor Paul Bennett, University of Arizona James E. Rogers College of Law
  • Mr. Michael Liburdi, Chief Counsel to Gov. Doug Ducey
  • Hon. Larry Winthrop, Judge, Court of Appeals, Chair of Commission on Access to Justice
  • Hon. Wendy Million, Judge, Tucson City Court, Chair, Committee on the Impact of Domestic Violence and the Courts
  • Mr. Marcus Reinkensmeyer, Court Services Division Director Case Management

“Nepal’s judicial leaders have embraced the goals of expanding access to justice and better addressing the needs of minorities, women, and victims,” Chief Justice Scott Bales said. “We shared with them how Arizona works to provide equal justice for all through court innovations and the work of our advisory committees, which are comprised of volunteers representing a wide range of perspectives.”

The representatives from Nepal included:

  • Justice Govinda Kumar Upadhya, Nepal Supreme Court
  • Justice Jagadish Sharma Poudel, Nepal Supreme Court
  • Hon. Additional District Judge Surya Prasad Parajuli, Kathmandu District Court
  • Mr. Shree Kanta Paudel, Registrar, Nepal Supreme Court
  • Mr. Kumar Ingnam, Member, Access to Justice Commission
  • Mr. Raju Dhungana, Section Officer, Nepal Supreme Court
  • Ms. Khem Kumari Basnet, Section Officer, Nepal Supreme Court

More about the Arizona Commission on Access to Justice is available here. The next committee meeting is scheduled for August 17, 2016.

Arizona_Supreme_Court_Seal

State Bar of Arizona SBA_Logo_ColorAn annual event, the report regarding lawyer discipline and admissions issues has just been released. The report covers multiple topics, including the types and amount of discipline meted out, the number of lawyers admitted to the State Bar of Arizona, trends in admissions, and more.

You can read the complete report here.

Arizona_Supreme_Court_SealAnd for some analysis, read what Patricia Sallen offers here. The former ethics counsel of the State Bar examines the lawyer-regulation data by the numbers.

This month, attorney Clint Bolick was selected as a new Arizona Supreme Court Justice by Gov. Doug Ducey.

This month, attorney Clint Bolick was selected as a new Arizona Supreme Court Justice by Gov. Doug Ducey.

It cannot be easy to select a new state supreme court justice. So much is involved in the job that a panel must weigh a broad array of talents and experiences. And at the end of the day, the old adage applies: You can’t please everybody.

Clint Bolick is a longtime litigator for the Goldwater Institute and an occasional columnist for Arizona Attorney Magazine. (Read a few of his pieces where he discussed courts, judges, and legal services here, here, and here. And he discusses a book on immigration reform he coauthored with Jeb Bush here.) And now he can add Arizona Supreme Court Justice to his roster of accomplishments (though I’m sure columnist will always be his favorite achievement!)

You can read news stories about his appointment by Gov. Doug Ducey here, here, and here.

Arizona_Supreme_Court_SealThose also up for the job had ample experience as appellate judges, which the new Justice lacked. That, plus his previous advocacy litigation, meant that his selection was not met with unanimous positive reviews. (for a negative take, here is E.J. Montini’s column in the Arizona Republic.)

Whatever your view of his appointment, I was pleased to watch Clint Bolick’s interview as he sat before the appointments panel (and I urge you to watch it here). Sitting in the hot seat, Clint did extremely well. He did not appear there as a man who lacks the skill and experience for the job. Nor did he overcompensate by appearing prideful about his litigation record. Instead, he was—and is—soft-spoken and self-effacing. And that has been my experience of him as a colleague and writer.

If there is an entry for “disarming interview” in the dictionary, he would occupy the spot.

Of course, none of that means you will necessarily be pleased (or disappointed) in his subsequent opinions. His judicial record will now roll out over a course of years. Until then, I congratulate Justice Bolick and wish him the best.

pass the torch succession planning for lawyers

“Effective January 1, 2016, Arizona lawyers must have a succession plan. Yes, that’s must.”

And so opens a helpful blog post written by Arizona ethics expert Patricia Sallen. Yes, you should read the rest, here. And then set up your own succession plan. And don’t forget to follow her blog for valuable tips and updates.

Meanwhile, bookmark and read another article by Pat on recent law-practice rule changes, which we published in the January issue of Arizona Attorney Magazine.

pass the torch lawyer succession planning wrestling pdO0XZE

Succession planning for lawyers requires careful thought, and it’s all in the hand-off.

Arizona_Supreme_Court_SealNews from the Arizona Supreme Court:

The Arizona Appellate Courts seek your input in assessing whether the National Model Time Standards for State Appellate Courts should be adopted by Arizona.

Chief Justice Scott Bales established the Committee on Arizona Appellate Case Processing Standards, which is chaired by Justice Ann A. Scott Timmer. The committee is charged with evaluating the national standards and developing and recommending case processing standards for the Arizona Supreme Court and both divisions of the Arizona Court of Appeals. The national standards are presented here as a starting point for this evaluation.

You are invited to comment on whether the National Model Time Standards should be adopted by Arizona or if alternative time standards should be considered. To provide comments, please click here. Comments must be submitted no later than February 7, 2016, for review at the next committee meeting.

clock watch gears kencondal3