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for the record


									for the record
   The Attorney’s Responsibility in the Judicial                                       CLE Goes Shopping!

          Performance Review Process                                                    PHOENIX—The CLE publications

                       by Chief Justice Thomas A. Zlaket                             Online Shopping Cart Program is up

                                                                                     and running on the Bar’s Web site at

   PHOENIX—Beginning October 4, 1999, the                                  

Commission on Judicial Performance Review dis-                                       Members can order audio and video-

tributed performance review survey forms to at-                                      tape sets, seminar manuals, books,

torneys appearing before Pima and Maricopa                                           supplements, CD-ROMS and form

County Superior Court judges. Litigants, wit-                                        disks 24 hours a day/7 days a week. No

nesses, jurors and court staff also received the sur-                                longer will you have to play phone tag

veys.                                                                                or fax over credit card information

   In 1998, the Commission distributed more                                          because the Bar has a state-of-the-art

than 54,000 surveys, with the greatest proportion                                    secure order form online. Satisfy your

going to attorneys. Of all court users surveyed, at-                                 CLE shopping needs from your office

torneys are probably the most qualified to critique                                  or home.

judicial performance, yet the attorney response                    Justice Zlaket

rate was only 50 percent.                                                          Mandatory

   I know each of you has a myriad of things to do every day and completing Professionalism CLE

a survey hardly seems a priority; however, I cannot overstate the importance Offered by ASU

of completing this survey. The information gathered from this process serves          TEMPE—In conjunction with the

many valuable purposes and ultimately impacts the quality of justice in State Bar of Arizona, ASU College of

Arizona’s courts. The judges take your comments seriously. Rest assured, in- Law faculty and members of the Bar will

formation on the returned surveys is treated as confidential. The forms are offer the mandatory professionalism
sent directly to an independent data center where the responses are tabulated. CLE course on November 12, January

Your comments are encoded and typed to maintain confidentiality. Out of 21, February 25 and March 24. Each

concern for your clients and as part of your responsibility as a practicing at- will be directed by three areas of inter-

torney, I urge those of you who receive a survey to take the time to complete est—criminal, civil or transactional law.

and return it promptly, preferably within the same week.                           Early registration cost is $75 ($65 for

   This year, the Commission simplified the survey return process for attor- ASU Alumni early registration), and in-

neys. In past JPR cycles, separate envelopes were sent along with the survey cludes materials, parking and refresh-

forms. The survey is now in a self-mailer format; i.e., the survey form and ments. May qualify for up to 4.25 hours

envelope are both in one document. You will still receive only one survey for of ethics credit. Contact Alisha

each superior court judge you’ve appeared before during the four-month sur- Fahrendorf, ASU College of Law Devel-

vey period, October 4, 1999 through January 21, 2000. The Commission will opment Office, at (480) 965-3096.

mail surveys to attorneys in December and February. If you are be-
fore a judge in October or November, you will be mailed a survey                  Inspirations in Law
form in December, but you will not receive a second form if you
appear before the same judge in December or January.                         I want to thank the record number of read-
   You are also invited to provide the Commission with informa- ers who called me with the names of partners,
tion about a judge’s performance outside the four-month survey friends and colleagues with special interests
period. Send this information to the Commission on Judicial Per- or hobbies. Your suggestions paid off because
formance Review, 1501 W. Washington, Suite 227, Phoenix, AZ we will be featuring an exceptional Lawyers,
85007. Or, if you have questions or comments, you can talk with Toys and Hobbies article next month. How-
Andrea Ibàñez, Commission Chair; Jean Gage, Commission Vice ever, I’d like to call upon you again for names
Chair; or Commission members Bill Culbertson, Andrew Federhar, of attorneys who have selflessly given to help
Fredrick Jones, Aaron Kizer or Dee-Dee Samet.                              a cause, were instrumental in another
   If you would be interested in serving as an attorney member on attorney’s success or who practice with an
a three-person conference team which meets with individual judges undaunted passion. We would like to feature
to review survey results and establish professional goals, contact any these success stories in coming issues to give
Commissioner listed above or call the Commission staff at (602) 542- inspiration to new and experienced attorneys
9311. Thank you for your participation in this process which is so cru- alike. Please call me at (602) 340-7301 or e-
cial to maintaining public confidence in Arizona’s judicial system.        mail me at

                                                                                             November 1999 x Arizona Attorney   13
      for the record
       Upcoming Mental Health Seminars                                Sole Practitioners Section Expands
                                                                            to Include Small Firms
       Date          Location         Topic
                                                                          PHOENIX—The State Bar of Arizona’s Sole Practitio-
       Nov. 11       Phoenix          Mediation and                   ners Section has amended its bylaws to allow for small
                                      settlement                      firms of up to three attorneys to join the Section. The Sole
                                                                      Practitioners Section would like to encourage small firms
       Jan. 28       Tucson           Special needs trusts;           to join and is offering a reduced rate for attorneys in small
                                      settlement proceeds and         firms to join this year. The reduced rate for the remainder
                                      conservatorships for            of the year is $10 per attorney, which is one-half of the cur-
                                      minors (full-day seminar        rent Sole Practitioners Section dues for 1999. This is an in-
                                      State Bar co-sponsored          dividual membership—not a firm membership.
                                      CLE)                                The Sole Practitioners Section offers many benefits to
                                                                      its members, including:
       March 17      Rio Rico         Mental health issues in             • Monthly luncheons where outstanding speakers
                                      rural areas (co-sponsored       present interesting topics for CLE credit
                                      with Arizona Fiduciary              • The Sole Practitioners Network Directory, which
                                      Association)                    contains a comprehensive listing of attorneys in the Sec-
                                                                      tion with their areas of expertise, as well as practice aids
       May 5         White Mtns. Elder law retreat with an                • The opportunity to meet attorneys with similar in-
                                 “un” program component               terests and experiences in representing clients
                                                                          The monthly luncheons are held on the first Wednes-
       For more information contact Mary Jo Green at (602) 340-7312   day of each month from September through May at Beef
       or                               Eaters Restaurant. To join, please call Sharon Frye at (602)
                                                                      340-7302 or e-mail her at

14 Arizona Attorney x November 1999
for the record
Young Lawyers                             volunteer to work with student teams        Attorney-coaches are encouraged to
Co-sponsor Mock                           or with the tournaments to contribute       spend at least the equivalent of one
Trial Program                             to the success of the mock trial program    hour per week (or four hours per
    PHOENIX—The Arizona High              and Arizona’s future leaders. Last year     month) from now until the Regional
School Mock Trial program is co-          more than 200 volunteer lawyers             Tournament on February 26, 2000.
sponsored by the Young Lawyers of         worked with 45 schools, 70 teams and        The top 16 teams in the state will also
Arizona and the Arizona Bar Founda-       eight tournaments which positively          participate in the State Tournament
tion. The program’s goals are two-        impacted almost 500 Arizona high            in Phoenix on March 25, 2000. The
fold. One goal is to give students a      school students.                            top team in the state will attend the
better understanding of the legal sys-        It’s not too late to get involved for   National Mock Trial Championship
tem—from the rules of evidence to         the 1999-2000 Mock Trial season.            in Columbia, South Carolina, May 10-
proper court decorum. The second          Teams are currently being registered        14, 2000. Volunteers are also needed
goal is to promote increased confi-       and will be receiving this year’s case      during the tournaments as bailiffs
dence, poise, oral skills and general     materials at the end of November.           (timekeepers) and judges.
civic understanding in the students       Some schools are participating for the         Tim Hyland is the current Legal
who participate.                          first time and many teams through-          Counsel Coordinator for the State
    Although the High School Mock         out Arizona still need lawyers to vol-      Mock Trial Program. Cindy Durnal,
Trial program is designed for students,   unteer to be attorney-coaches. The          Arizona Bar Foundation, is the State
they are not the only ones who ben-       amount of time with the team varies         Mock Trial Coordinator. Call (602)
efit from program participation. Every    according to the needs and schedules        340-7355 or (602) 340-7361 for more
year lawyers have an opportunity to       of the students, teacher and attorney.      information or to volunteer.

                                                                                              November 1999 x Arizona Attorney   15
      committee notices
                   The State Bar Appointments Committee is currently seeking applicants to fill vacancies as noted below.
                  For more information or an application form, call Carrie Sherman at the State Bar at (602) 340-7201 or the
                    Bar’s Tucson office at (520) 623-9944. DEADLINE: 5:00 p.m., Monday, November 15, 1999.

                    Arizona Commission on                                 Restrictions/Requirements: Open to active State
               Judicial Performance Review                             Bar members in good standing. Mandatory half day ori-
         Purpose: The Arizona Supreme Court established the            entation.
      Arizona Commission on Judicial Performance Review to
      administer a system of periodic review of the performance                    Community Legal Services
      of each justice and judge subject to merit selection and                           Board of Directors
      retention. The purpose of the review is to provide care-            Purpose: This Board of Directors consists of 27 mem-
      fully compiled information for voters at the time of the         bers, four of which are State Bar representatives. Powers
      retention elections, to facilitate self-improvement of the       of the Board include establishment of standards of eligi-
      reviewed judges, to promote appropriate judicial assign-         bility of applicants for legal services, establishment of
      ments and to assist in identifying needed judicial educa-        standards covering the scope of legal services to be made
      tion programs. A major function of the Commission is to          available, and determination of major program policies.
      protect judicial independence while fostering public ac-            Openings: One.
      countability of judges.                                             Term: Fill Valarie Shears’ unexpired term through June
         Openings: Three; two seats are to be filled by attor-         2000. Successful candidate would then be eligible to serve
      neys from Maricopa County and one seat by an attorney            a full six-year term.
      from Pima County.                                                   Requirements/Restrictions: Open to active State
         Term: Four years.                                             Bar members. The Board meets once a month except in
                                                                       July and August.

16 Arizona Attorney x November 1999
  in the news
     Because you don’t have time to read all the newspapers and see every TV newscast, below is a list of
       some Arizona attorneys, Bar programs and staff members who received recent media attention.

Name                    Firm                              Subject                               Media Outlet

Phil Higdon             Brown & Bain                     Story about first amendment and Tucson Citizen
                                                         pornographic magazines in Tucson

Joe Kanefield           Attorney General’s Office        Profile of the week                    Arizona Business Gazette

Erin Flaharty           Fennemore Craig                  Story about employers                  The Business Journal
                                                         conducting background checks

Marc Budoff             Budoff & Ross                    Helped explain Arizona Supreme         The Arizona Republic
John P. Frank           Lewis & Roca                     Court ruling which lifted block
                                                         on 14-year-old’s abortion

Richard Gerry           Attorney at law                  Interviewed as expert: Questions       KNXV-TV
                                                         about validity of DUI Intoxilyzer

Lynda Shely             State Bar Director of Ethics     State Bar hires attorney to examine The Tribune
                                                         unauthorized practice of law

                If you have news that deserves media attention, contact the Bar’s Director of Communications,
                      Matt Silverman, at (602) 340-7226, or e-mail

                                                                                             November 1999 x Arizona Attorney   17

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