Sometimes it just doesn’t pay to be a trial judge. Consider what happened in Arizona Citizen’s Clean Elections Commission v. Brain, No. 1 CA-SA 13-0239, (Ariz. App. Oct. 24, 2013), where the court of appeals rejected the superior court’s order denying a pre-liminary injunction in a matter pitting the people against politicians.

The legislature recently adopted a measure known as HB 2593, a sweeping act dealing with elections matters. Among its provisions is one that greatly increases campaign-contri-bution limits for candidates for statewide and legislative offices. The governor signed HB 2593 into law in April.

The new measure rankled some parties, in-cluding a coalition led by the Arizona Citizens Clean Elections Commission. It challenged HB 293 in a special action in the Arizona Supreme Court, arguing that its attempt to change campaign-contribution limits ran afoul of the so-called Voter Protection Act or VPA: constitutional provisions that generally pre-clude the legislature from repealing or chang-ing voter-approved laws.

But the supreme court declined jurisdic-

tion. So the commission filed suit against Secretary of State Ken Bennett in superior court. Exercising a statutory right, Speaker of the House of Representatives Andrew Tobin and President of the Senate Andy Biggs inter-vened as defendants.

In 1988, the voters passed the Clean Elec-tions Act, including A.R.S. § 16-941, which established campaign-contribution limits in clean-elections cases. That section did not ac-tually state the applicable numbers; instead, it referred to A.R.S. § 16-905, a previously en-acted voter-approved provision that had actual numbers.

Along with its complaint, the commission moved the court to preliminarily enjoin Secre-tary Bennett from enforcing the provisions of HB 2593 that relate to the increased contribu-tion limits. The briefing schedule on that mo-tion pushed oral argument to Sept. 10 — mere days before HB 2593’s Sept. 13 effective date.

Within a couple of days after the argu-ment — doing yeoman’s work in the face of a pressing deadline — the judge issued a seven-page order denying the requested injunction. He ruled that the commission did not have

a strong likelihood of success on the mer-its — one of the four criteria for prelimi-nary injunctions. Tentatively agreeing with the defendants’ argument, he concluded that HB 2593 did not run afoul of the VPA because the contribution limits were en-sconced in § 16-905, which does not itself have VPA protection (having been enacted before the VPA arose).

And if § 16-941 — the Clean Elections Act provision — has VPA protection, he con-cluded, it does not extend that protection to § 16-905 by merely adopting the latter section as the formula for determining the contribution limits in clean-elections campaigns. (He also opined that that § 16-941 probably does not have VPA protection, based on an argument that none of the parties had raised.)

The commission challenged the ruling with a special action in the court of appeals. That court vacated the order denying the prelimi-nary injunction and ordered the superior court to reconsider it. It criticized the superior court for not having complied with procedural rules

DECEMBER 2013Volume 32, Number 12

www.maricopabar.org

Where The Legal Community Connects

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Court rejects attempt to change campaign-contribution limits

CourtWatchDaniel P. Schaack

Hon. Cecil B. Patterson, Hon. Monyette Nyquist, Hon. Michael Daly Hawkins and Hon. Cynthia Certa gather at the MCBA Annual Meeting and Hall of Fame Luncheon, which took place Oct. 30. For more photos and a recap of the event, go to page 10.

See Court rejects attempt to change page 14

Member Holiday Social

Join us for a casual and complimentary Holiday Social on Thursday, Dec. 12, from 5:30-7:30 p.m. at the MCBA Office. You’ll enjoy appetizers, spirits, soda and a chance to win door prizes to make your holiday merrier (must be present to win). All members are welcome, and there is no charge, but RSVP to www.maricopabar.org/ event/MCBAHolidayParty.

Newly elected members to the MCBA Board of Directors announced

n How a lunatic fringe saved Arizona - p. 3

n Photos from the 2013 Pro Bono Golf Classic - p. 7

n Hall of Fame Luncheon and Annual Meeting recap - p. 10

Four new members and one incumbent have been elected to serve on the 2014 MCBA Board of Directors. The newly elect-ed members are (in alphabetical order): Gail Barsky, Flynn Carey, Comr. Geoffrey Fish and Matthew Meaker. Incumbent Norma Izzo Milner was re-elected to serve on the board for an additional two-year term.

Seven candidates ran for five open seats on the board of directors. MCBA members licensed to practice in Arizona and in good standing with the State Bar of Arizona were eligible to vote in the election, which ran from Nov. 1-15, 2013.

The 2013 immediate past president, David E. Funkhouser III of Quarles & Brady, will continue to serve on the board.

The board of directors will hold its first meeting of the year on Thursday, January 16, 2014. n

MARICOPA LAWYER DECEMBER 2013 • 3MARICOPA LAWYER2 • DECEMBER 2013

The Maricopa Lawyer is published monthly on the first of each month and mailed to members of the Maricopa County Bar Association, 303

E. Palm Lane, Phoenix, AZ 85004-1532. Please send address changes to the MCBA at the

above address or to cquinonez@maricopabar.org or (602) 257-4200. The MCBA website is at www.maricopabar.org and pdf copies of past issues are available for viewing. Please

send editorial submissions to Mindy Haskins at mhaskins@maricopabar.org. The editorials and

other views expressed in the Maricopa Lawyer are not necessarily those of the Association, its

officers or its members. Advertising rates and in-formation are also available from Karla Durazo at kdurazo@maricopabar.org or (602) 257-4200.

GIVE US YOUR OPINIONThe Maricopa Lawyer welcomes letters to the

editors or opinion pieces for publication. Letters and opinion pieces should be typed and

preferably submitted electronically. Opinion pieces are limited to 1,500 words and letters to 700 words, and the editors reserve the right to reject submissions or condense for clarity, style

and space considerations. Letters must be signed to verify authorship, but names will be withheld

upon request. Authors of opinion pieces will have their names published. Letters and opinion

pieces should be mailed to: MCBA editor, Maricopa County Bar Association,

303 E. Palm Lane, Phoenix, AZ 85005-1532. Phone: (602) 257-4200.

Fax: (602) 257-0405.Email: mhaskins@maricopabar.org.

The Official Publication of theMaricopa County Bar Association

EDITORIAL BOARDAaron Nash, Chair

Clerk of the Superior Court’s Office John F. Barwell

Polsinelli, PCEda Barolli

Snell & Wilmer, LLPBrian E. Cieniawski

Bremer Whyte Brown & O’Meara, LLP Margaret Olek Esler

Polsinelli, PCJenna Gamble

Maricopa County Attorney’s OfficeTamara Herrera

Clinical Professor of Law, ASU Sandra Day O’Connor College of Law

Amber Pershon Law Clerk, Arizona Court of Appeals

Meagan Pollnow Asimou & AssociatesDaniel P. Schaack

Assistant Attorney General, State of ArizonaRiley S. Snow

Law Office of Riley S. Snow, PLCStan Watts

Dohrer & Watts, PLC

Ex-OFFICIO MEMBERSKaren Arra

Director of Media Relations Superior Court of Maricopa County

MCBA PresidentDavid E. Funkhouser III

Quarles & Brady, LLPMCBA Executive Director

Allen W. KimbroughBoard Liaison

Comr. Keelan BodowMaricopa County Superior Court

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GO FA R , CLOSE TO HOM E .

For Archie Roosevelt, March 19, 1911, was notable for the rare opportunity to spend some quality time with his parents and his sister, Ethel. Archie, then 16 years old, was the fourth child of Edith and Theodore, and for the past year had attended the Evans School for Boys at El Rancho Bonito, about two-and-a-half miles southeast of downtown Mesa. The school was a smaller Western ver-sion of the prestigious prep school, Phillips Andover Academy. Each of the 20 or so stu-dents, including Archie, had his own cabin. Less than a week before, Archie had broken his father’s endurance record by riding 112 miles in 20 hours, stopping only to water the horses and change mounts.

Wonders on a grand scaleArchie’s father, former President Theo-

dore Roosevelt, preferred being addressed as “Colonel Roosevelt,” or just the “Colonel.” The Colonel and his entourage were visit-ing Arizona to participate in the dedication of the world’s largest masonry dam and what was for a time the largest artificial reservoir in the world.

Construction of the Theodore Roosevelt Dam, otherwise known as Salt River Dam No. 1, began in 1905. The dam was the first major project completed under the Reclama-tion Act of 1902. Dramatically over budget and behind schedule, the dam was still a pow-erful symbol. Along with construction of the Panama Canal, it proclaimed U.S. ascension as a world power under Roosevelt. Similar-ly, the successful completion of the project confirmed the progressive concept that the federal government could tackle the huge in-frastructure projects believed to be needed to tame the West for development.

The Roosevelt Special arrived at the Santa Fe train station in Phoenix at 9:20 a.m., after leaving the Grand Canyon the night before. The party had spent 24 hours at the canyon refreshing themselves and enjoying the vistas the Colonel had first marveled at in 1903.

When he first saw the canyon, then Presi-dent Roosevelt addressed a group of territo-rial dignitaries in the context of a political effort by mining companies and other devel-opers to exploit the canyon for commercial benefit. He told his audience:

“In the Grand Canyon, Arizona has a natu-ral wonder which is in kind absolutely unparalleled throughout the rest of the world. I want to ask you to keep this great wonder of nature as it now is. I hope you will not have a building of any kind, not a summer cottage, a hotel or anything else, to mar the wonderful grandeur, the sublimity, the great loneliness and beauty of the canyon. Leave it as it is. You can-not improve on it. The ages have been at work on it, and man can only mar it.”

After failing to convince Congress to pass legislation protecting the Grand Can-yon from developers, President Roosevelt exercised his executive power and created the Grand Canyon Wildlife Preserve in 1906. Two years later, he established Grand Canyon National Monument.

A dam fine day After stepping out the door of his private

railcar into the mild, spring Phoenix morn-ing, “the first citizen of the world” offered a quick greeting and flash of his famous Roo-seveltian teeth. The Colonel was immediately whisked away by local developer Dwight Heard to the lead car of the 25-car official motorcade that would escort his party to the dedication of the new dam. Heard’s car would be second in the procession with Mrs. Roosevelt and Archie aboard. Ethel and her good friend Cornelia Landon followed in the Sugar Company car.

The Colonel’s seven-passenger touring Kissel Kar bounced across the railroad tracks at First Avenue, turned east on Jackson Street and then north on Central Avenue. The cara-van continued north on Central to the Indian School, where the Colonel gave a short, in-spirational address from his car to the as-sembled students and teachers. Then it was on to Granite Reef to cross the Salt River and tackle the Apache Trail to the new dam. In all, the drive took about seven hours, including a picnic lunch break at Tortilla Flat and a few other sightseeing stops.

Around 5:45 p.m., after a handful of speeches, the Colonel ceremoniously pressed a button and the future of Arizona was per-manently changed. As the waters of Roos-evelt Lake began to flow through the dam’s spillways, the Salt River Valley began to re-ceive the single, most important resource that would fuel decades of agricultural and com-mercial development. In just 10 years after the dam was built, the population of Mari-copa County tripled.

Sharing the limelight with the Colonel be-fore, during and after the dedication ceremo-nies were two Phoenix attorneys who played a major role in bringing the state to that monumental day. Former Territorial Gov-ernor and Supreme Court Justice Joseph H. Kibbey was assigned to car No. 5, the Mari-copa County car, and Territorial Chief Justice Edward Kent travelled with George Purdy Bullard in car No. 6.

Dam legal foundationsIn 1892, Kibbey, a Territorial Supreme

Court Justice sitting as a trial judge in Phoe-nix, decided the precedent-setting Wormser case and established prior appropriation as the basis for water rights in Arizona. In pri-vate practice, Kibbey was long-time counsel to the Salt River Water User’s Association and he drafted the entity’s articles of incorpora-tion that enabled the association to partner with and satisfy the requirements of the Rec-lamation Service as it undertook construction of the Salt River project. In 1910, he repre-sented the association in Hurley v. Abbott in which Chief Justice Kent was required to resolve the water rights and priorities of the association’s approximately 5,000 members to the newly tamed Salt River. The herculean efforts of Kibbey and Kent laid the legal foundation for the new dam and irrigation system that would eventually permit millions to make the Salt River Valley their home.

The lunatic fringeAs important as these two Maricopa

County attorneys were to the conservation and development of Arizona’s natural re-sources, their efforts would have had a small chance of significantly impacting Arizona’s future, without the vigorous efforts of a se-

lect group of visionary Easterners. Never one to disguise his true feelings,

Roosevelt acknowledged in his autobiography that every reform movement has its “lunatic fringe.” Among those in Roosevelt’s mind when he coined the phrase in 1913 were the wild-eyed Republican progressives who had shaped his administration’s natural resource policies 10 years before. In those golden days of Roosevelt’s first term and for the next de-cade, the outspoken President championed his belief that “there can be no greater issue than that of conservation in this country.”

By the time of his lunatic fringe comment, the Colonel had begun to be less tolerant of the un-tempered idealism and enthusiasm for the ever more extreme progressive politics of his particular friends Gifford Pinchot, first Chief of the U.S. Forest Service; Frederick Newell, first Director of the Reclamation Service; and the Reclamation Service’s Chief Engineer Arthur Powell Davis (nephew of Grand Canyon explorer John Wesley Powell).

Roosevelt was a founder of the Boone and Crocket Club and a respected naturalist. He and his team of natural resource zealots established progressive conservation and reclamation policies for the U.S. and imple-mented those policies over the objections of many congressional leaders and established business and political interests throughout the West. The efforts of Roosevelt, his con-gressional ally John Fletcher Lacey, and his lunatic fringe in the first decade of the 20th century, established a blueprint for West-

How the lunatic fringe saved Arizona

Just like one of my favorite songs by An-drea Bocelli, it is, sadly, time to say goodbye.

Like everything good in life, this year has gone by way too fast. It seems like just yesterday I was taking the helm from my predecessor, Jennifer Cranston, leading my first meeting and rolling right into the Funk-A-Thon (or, FAT, for those in the know).

It truly has been a remarkable year, and I am proud of the accomplishments we have made here at the MCBA.

The aforementioned Funk-A-Thon was an effort to capture new members and recapture past members. Through this effort, and the ongoing hard work of our entire board of directors, we were able to not only sustain membership levels from last year, but we actually exceeded our membership numbers and revenue projections. Since membership was my biggest focus this past year, I could not have been happier. There is still a delicious dinner coming to our most successful recruit-

ers on the board — it is coming, I promise!After much due diligence and a hearty dis-

cussion amongst the board of directors, we were also able to refinance the place we call home —303 East Palm Lane. Through our friends at Johnson Bank, we were able to lock in historically low interest rates, yielding sub-stantial monthly and annual savings for the MCBA. This was a tremendous success after many years of heightened financial scrutiny and difficult economic conditions relating to commercial loans.

We’ve also continued the revitalization of some of our previously dormant (or near-dormant) sections, including the Litigation Section and the Bankruptcy Section. Like ev-erything at the MCBA, it took members step-ping up, rolling up their sleeves and getting to work to move the needle full bore across the gauge. Both our Litigation and Bankruptcy sections are now quite viable, very successful and adding to the already-impressive number

of leadership positions within the MCBA, ad-vanced CLEs and, of course, more network-ing opportunities for our members.

Before signing off, I have to acknowledge the people who got me involved with the MCBA many years ago and inspired me to join the Executive Committee. They include: Kevin Quigley, Judge Glenn Davis, Jennifer Green and Jennifer Cranston. Being a part of this great organization has helped me to meet many new friends and colleagues, and for that I will always be grateful.

Finally, I have to acknowledge my suc-cessor, Bill Kastin at Snell & Wilmer. Bill and I have grown to become good friends over the years and while our approaches may sometimes be different, I know the MCBA will be in good hands over the next 365 days. I know Bill has many great ideas for growing the MCBA even more, including substantial outreach to our largest membership base, our solo and small firm practitioners. Bill, best of luck to you, my friend.

As my time at the top comes to an end, it is time to say goodbye. But don’t worry; I will still be on the Executive Committee as the Immediate Past President and look forward to providing sage advice (obviously) to the rest of the Executive Committee, maybe a bit of “Monday Morning Quarterback-ing” to young Bill and a few “well, if I was still President, this is what I would do …” conversations.

In all seriousness, thank you for allowing me the honor to lead this great organization. n

It’s time to say goodbye

ern development that defined what Arizona would become, whether it wanted to or not.

Lacey, an eight-term congressman from Iowa and fellow Boone and Crocket member, was chairman of the House Committee on Public Lands. He was the moving force be-hind the Lacey Act of 1900 that provided the first significant protection of wildlife.

Later, Lacey worked with Roosevelt’s team to secure passage of the Antiquities Act of 1906. Although focused on preservation of archeological sites, this act granted the Presi-dent authority to set aside certain valuable public natural areas as park and conservation land for “the protection of objects of historic and scientific interest.” These protected lands were called National Monuments. By the end of his administration in 1908, Roosevelt had designated 18 monuments nationally, includ-ing Montezuma Castle, Petrified Forest, Tonto, Grand Canyon, and Tumacacori in Arizona.

Gifford Pinchot, a Yale man and the coun-try’s first professional forester, championed the novel concept of sustainable, multiple use of federal forest lands. As Roosevelt’s tennis partner, Pinchot influenced the President’s natural resource policies more than any other person. When Roosevelt appointed him head of the newly created U.S. Forest Service in 1905, he moved quickly to establish, with Roosevelt’s encouragement, nearly 150 new National Forests throughout the country. In Arizona alone, the Roosevelt administration established 19 new National Forests, includ-ing the Apache, Baboquivari, Black Mesa, Chiricahua, Cococino, Dragoon, Grand Can-yon, Huachuca, Kaibab, Mount Graham, Pinal Mountains, San Francisco Mountains,

By Jack Levine

In interactive mediation, the mediator should possess considerable experience in the subject of the mediation and a willingness to involve the parties to the maximum extent possible in the mediation process. This inter-active approach is rapidly changing the way that mediations are conducted, with greatly increased success rates and at great savings for the parties.

This interactive mediation involves the following concept: Each side is encouraged to meet together, face-to-face, in joint sessions, whenever possible, throughout the mediation process and to actively participate in the pro-cess. In interactive mediation, the individual parties, or their attorneys, actively participate by presenting the underlying facts and ex-pected opinion testimony in support of their side of the case, after which the attorneys for each side present a five- to 10-minute final argument, much like a final argument given in court, highlighting the strengths of their case and the perceived weaknesses that they see in the other party’s case. Each side then has an opportunity to respond and rebut the other side’s arguments until each side has had a full and complete opportunity to hear and reply to the other party’s factual positions and legal arguments.

By the time these initial joint sessions are concluded, everyone’s cards are normally on the table and, moreover, as a result of these back-and-forth exchanges and the exposure of each side to the other side’s case, the mediator becomes fully informed about all of

the important issues and details of the case. As a result, in interactive mediation there is no need for extensive pre-mediation memoran-dums accompanied by voluminous exhibits, which will substantially reduce the mediator’s time and fees.

Once the parties become fully informed about the strengths and weaknesses of each other’s case, the negotiation phase of the mediation process can begin. In interactive mediation, this process usually proceeds very smoothly and is frequently completed in less than an hour, even in the more substantial and complicated cases.

The methods and techniques of interactive participation by the parties and their attorneys permit each side to experience a preview of what they will actually see and hear in the courtroom if their case is not settled. By utilizing joint sessions instead of private cau-cuses, the parties are given a unique opportu-nity to observe and assess the persuasiveness of the other side’s evidence and arguments, which will normally weigh heavily in their evaluation of their case. Joint sessions also provide the parties with a unique opportunity to size up their opponent in terms of their personality, appearance and predicted man-ner of relating to a judge or jury, as well as evaluating the abilities and the effectiveness of the attorneys for each side. With these insights gained through the interactive mediation pro-cess, the parties may not want to risk facing the adverse attorney’s cross-examination or final arguments in the courtroom.

By means of this approach, the odds of settlement are normally increased by as much

as 25 to 30 percent over other mediation methods, and the time and cost of the media-tion process can be reduced by as much as 50 percent or more, compared to other methods, according to the Maricopa County Court Administrators Office.

One of the principal reasons why the interactive style has proven itself so success-ful is that, unlike most traditional methods employed, it permits the parties to become fully involved in the mediation process, which produces greatly increased incentives to settle their case. The approach used by many media-tors of merely shuffling back and forth be-tween the parties while doing little more than conveying offers and counter offers, does little to coax the parties out of their pre-conceived notions of the value of their case.

Although this interactive method greatly increases the chances for success of a media-tion session, it also requires a mediator who has extensive experience in the subject matter of the mediation. An experienced mediator, if requested, is frequently in a position to act as a legal resource and mentor to the parties on the disputed issues in their case.

Also, to be effective in guiding the settle-ment process, the mediator should be familiar with recent judicial decisions and jury verdicts in the various kinds of cases that he or she is mediating. Furthermore, based on his or her experience, the mediator may even be able to predict what rulings the parties can expect on the legal and evidentiary issues that are almost certain to arise if their case goes to trial. In some instances, these additional insights often

Interactive mediation allow both parties to become fully involved in the process

See Interactive mediation page 14

See How the lunatic fringe page 14OPINION

MARICOPA LAWYER DECEMBER 2013 • 5MARICOPA LAWYER4 • DECEMBER 2013

Ambiguous modifiers generally take a legal writer by surprise because grammar-checking software does not mark these modifiers. Yet, these little ambiguities can cause a big head-ache for a reader. The most common place to find a classic ambiguous modifier is in a sentence with one adjective appearing before a string of two or more nouns. Consider the following sentence:

The witness saw the damaged car and SUV at the scene.

Was the car the only vehicle damaged? Or was the SUV also a wreck? The word “dam-aged” is an ambiguous modifier. The general rule is that a writer should place a modifier directly before or directly after the word it modifies, but this rule causes (understandable) confusion when the modifier appears directly before a string of nouns. Fortunately, there are several plans of attack for clarifying the mean-ing of this sentence if the ambiguous modifier is intended to refer to the first noun only.

1. Use a second modifier for the second noun. This second modifier can also be an article (a, an, the). The witness saw the damaged car and the bystander’s SUV at the scene.

2. Divide the sentence into two shorter sentences. The witness saw the damaged car at the scene. She also saw a black SUV.

3. Separate the modifier from the noun list. The witness saw a car and an SUV at the scene. The car had front-end damage.

If the writer intends for the modifier to modify the entire noun string, the writer can ei-ther (1) repeat the modifier for each noun or (2) rework the sentence so that the reader is certain the modifier applies to the entire list.

The witness saw two damaged vehicles at the scene: a car and an SUV.

Although fixing an ambiguous modifier requires using more words than the original sentence, these little changes mean a lot to a reader! n

Fixing little ambiguities brings big payoff

There’s a lot going on at the MCBA. Keep up with us by following our

Facebook and Twitter pages.

WE’RE ON FACEBOOK AND

TWITTER

Unbelievably, 2013 is nearing a close. With its close comes my reflection and grati-tude for being given the opportunity to serve with such a fantastic, funny and energetic board in a top-notch organization. Through-out the years, the YLD has been known for its good deeds, both in the legal and local communities. 2013 has been no different. The YLD has continued to keep its finger on the pulse of the transitioning needs of young lawyers as well as the changing needs of the general public.

YLD 2013 highlightsThe CLE/Mentor Committee, led by

Krystal Ahart, started a new initiative this year geared directly to the current realities of the job market. The CLE, titled “Start-ing Your Own Law Practice: Prepare for Success!” spanned several weeks and covered such topics as negotiating a commercial lease and hiring and working with staff. It was offered at the low cost of $60 per session, making it financially feasible for any young lawyer to attend. Keep an eye out in 2014 for the YLD CLE series!

The Barristers Ball, held on March 9, 2013, was a big success. The Barristers Ball Committee, led by Brent Kleinman, Jason Wood and Flynn Carey, revamped the ball to include a casino night and live band along with the mainstays of a tasty dinner, dancing and a silent auction. The YLD Board also voted this year to make the Maricopa County Bar Foundation the Barristers Ball’s ongo-ing beneficiary. The next Barristers Ball will

take place in March 2014 and will include the popular casino night. Be sure to get your tickets early!

Race Judicata took place on October 6, 2013, and included record numbers of en-tries and volunteers. The Race Judicata Com-mittee, led by Ben Eid and Kiernan Curley, did a phenomenal job of organizing the volunteers, planning the course and ensuring information about the race was distributed throughout the Valley. As a result, $3,600 of profit was raised to go to the YLD’s various community outreach programs. Make sure your running shoes are in tip-top shape for next year’s race in October 2014!

Raees Mohamed and Jen Rebholz led the Law Week Committee this year. Under their leadership, the Ask-A-Lawyer sessions will now be offered on a semi-annual basis at various farmers markets throughout the Val-ley. These events have been very successful at reaching the public and those in need. Be sure to watch for announcements regarding volunteer opportunities for Ask-A-Lawyer in the next month!

GratitudeIn closing, I would like to extend a very

big “thank you” to the YLD board and MCBA staff; including Laurie Williams, Bree Boehlke and Allen Kimbrough, who con-tinued their invaluable work ensuring that young lawyers are given great opportunities through the MCBA. A sincere “thank you” also goes to my board colleagues for their time and dedication:

Casey Blais (President-Elect), Burch & Cracchiolo, PA

Tyler Carrell (Treasurer), Gallagher & Kennedy, PA

Brent Kleinman (Secretary), Kleinman Law Firm, PLLC

Leslie Satterlee (Immediate Past President), Gregg R. Woodnick, PLLC

Alexandra Gormley, Meckler Bulger Tilson Marick & Pearson, LLP

Benjamin Eid, Farley Seletos & ChoateJason Wood, Titus Brueckner

& Levine, PLCKiernan Curley, Curley & Allison, LLPMatt Fendon, Fendon Law Firm, PCRaees Mohamed, Wong Fujii Carter, PCKrystal Ahart, James F. Kahn, PCFlynn Carey, Mitchell Stein Carey PCMatt Liszewski, Liszewski &

Associates, PLLCJen Rebholz, Farley, Seletos & ChoateQuintin Cushner, Gallagher &

Kennedy, PAScott Weiner, Nussbaum, Gillis

& Dinner, PCAnd now, I leave you in the trusty hands

of the incoming 2014 YLD President, Casey Blais! n

The YLD bids 2013 adieu

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It’s hard to believe almost a year has gone by since my first article in The Maricopa Lawyer. This year has been filled with fun, excitement, change, adversity, pain, sweat and tears. So often we get to the holiday season and be-come stressed over many things, like finding the right present, cooking the best turkey and meeting our billing requirements. Before all of those thoughts flood my mind, I want to take a moment to enjoy this last opportunity of having a captive audience and express my gratitude to those who need to hear it.

The saying “it takes a village” could not be more appropriate for the Paralegal Division. Without the support and hard work of all of our board members and officers, there wouldn’t be a division. Cami, Erica, Eda, Eboni, Irene, Janet, Tina, Becky and Jennifer, you have all put in an enormous amount of time this year to make the division better than how you found it. I am grateful to have had the opportunity to serve the legal community with you and thank you for listening to me drone on in our board meetings. We accom-plished great things this year and you should be proud. Please tell your families how much I appreciate their patience and understanding for your time commitment.

Behind every president or leader of a board, there is great support. Laurie and Bree, thank you so much for all that you do. What

the two of you accomplish and keep track of on a daily basis puts me to shame. Thank you for your patience while answering my eight billion questions and always having a smile on your face. It has been an honor working with you and thank you for being my adult supervision this year.

Volunteering on the board takes a lot of time and commitment. Without the support of my bosses, I wouldn’t have been able to commit the time it took to accomplish the things the division accomplished this year. Lisa, thank you for being a sounding board for me when I needed perspective. You’re encouragement was invaluable. John, thank you for your support. I am honored that you found the time out of your busy schedule to read and comment on my articles month in and month out.

The division was designed to offer support to paraprofessionals and paralegal students in Maricopa County. It is a place for the paralegal community to connect and support each oth-er. To the more than 300 members, thank you for your continued support through member-ship, attending CLE, attending our annual conference and supporting our community service projects. Obviously without you, there would not be a division. Please continue to support the division in every way you can. Together we can remind the legal profession

that there is still a place for paralegals and that we are relevant.

Volunteering with the division for the past three years has been extremely rewarding and fun. The knowledge and leadership I have gained will stay with me for years to come. I am thankful for the networking opportunities and professional connections I have made as well as the friendships that have been formed. Without my family’s support, though, none of this would have been possible. To my husband, thank you for picking up my slack at home the many nights I worked on projects or had division meetings. I am grateful to have someone like you who supports all of

my extracurricular activities. The sacrifices you made during my volunteerism were a true testament to how much you support me.

Enough mushy stuff — now back to business! I know this time of year everyone is asking for donations; however, please don’t forget to support the division by donating toys to our toy drive, which will go to children at Phoenix Children’s Hospital. You can bring your donation to the MCBA Holiday Party on December 12, from 5:30 to 7:30 p.m., at the MCBA office. This is also a great time to network and see old friends. If I don’t see you there, have a wonderful and safe holiday season! n

All good things must come to an end

Phoenix School of Law, a private law school located in downtown Phoenix, is pleased to announce its new name: Arizona Summit Law School.

The American Bar Association (ABA) ac-credited law school, which opened in January 2005, aims to establish itself as a benchmark institution for legal education in the 21st century.

The school offers traditional and non-traditional law students the opportunity to succeed through its student-focused curricu-lum and highly engaged faculty.

Arizona Summit Law School accommo-dates students’ diverse needs with options, in-

cluding full-time and part-time day and evening classes; trimes-ter schedule for graduation in two years; individualized bar-pass instruction through

learning diagnostics and mentoring; and expe-riential learning opportunities via externships, internships and clinics.

“The new name highlights our commit-ment to the success of our students, who come from diverse backgrounds and stages in life, and provides a supportive academic environment where civic-minded leaders and community advocates are nurtured,” said Ari-zona Summit Law School Dean Shirley Mays.

Additional information is available at www.AZSummitLaw.edu. n

Phoenix School of Law changes name to Arizona Summit Law School

The city of Avondale is requesting a member of the Maricopa County Bar Association to join the Avondale Judi-ciary Advisory Board, whose purpose is to evaluate and make recommendations to the city council of the best qualified persons to become full-time city judges. Interested candidates must be a resident of Maricopa County and in good standing with the

State Bar of Arizona. The MCBA board of directors will recommend three candidates to the Avondale city council, who will then appoint one member to the board. The term for the MCBA appointee will be from Jan. 1, 2014 to July 1, 2018. Interested candidates should send their resume to appointments@maricopabar.org. The deadline to apply is Dec. 6. n

Seeking candidate for Avondale Judicial Advisory Board

Potential clients can be yours with the MCBA Lawyer Referral Service. The LRS receives more than 100,000 calls per year from people seeking legal assistance as well as attorneys referring clients outside their practice area.

AMoNg THe AReAS NeeDINg CoveRAge ARe:administrative law, SSI-SSD/Medicare law, workers’compensation, and immigration.

Spanish-speaking and West Valley attorneys are especially needed.

It’s easy to join! Call Jennifer Deckert at (602) 682-8590.

Lawyer Referral Service Needs You

Q: What has surprised you the most about making the transition from a Commissioner to a Superior Court Judge?

Adleman: Not much has really surprised me. All of the other judicial officers and court staff have been wonderful to work with in my time as both a commissioner and a judge. It has been an outstanding experience.

Q: What were you doing when you were notified of your appointment to the bench?

Adleman: I was working at my desk when I received the phone call. It was very exciting. My heart was pounding … it was a rush of emotions, that’s for sure.

Q: What’s your favorite quote?Adleman: “Nothing great was ever

achieved without enthusiasm” by Ralph Wal-do Emerson.

Q: If you had a day to spend with anyone (living or dead, real or fictional), who would it be and what would you do?

Adleman: If I had the chance, I would play a round of golf with Winston Churchill, John Lennon and Charles Bark-ley. That would be quite a foursome indeed.

I might even manage to win.Q: Do you own an iPod? If so, what songs

are on your playlist?Adleman: My music selections are embar-

rassing, due to the fact that most of my music is intended for the ears of my one-year-old son. n

MARICOPA LAWYER DECEMBER 2013 • 7MARICOPA LAWYER6 • DECEMBER 2013

INSIDe THe CoURTSget to know Judge Jay Adleman

On October 22, 2013, the Maricopa Coun-ty Superior Court celebrated the appointments of Commissioners Justin Beresky, Utiki Spurl-ing Laing, Kerstin G. Lemaire, Julie Ann Mata

and Annielaurie Van Wie with a swearing-in ceremony held at the Board of Supervisors Auditorium in Phoenix. Presiding Judge Nor-man Davis delivered the Oath of Office. n

Commissioner swearing-in ceremony

MCBA President David E. Funkhouser III (right) presents Superior Court Judge Jay Adleman with a ceremonial gavel at his investiture ceremony in Phoenix.

Court appoints two new commissioners

Presiding Judge Norman Davis appoint-ed David Seyer and Michael Mandell to be Superior Court Commissioners.

“Both are extremely well-qualified with many years of experience in the practice of law, and are a welcome addition to our bench,” Judge Davis said.

For the last 20 years, Commissioner Seyer has gained valuable experience in the private sector, practicing primarily civil and criminal law. He has also served as a judge pro tem-

pore in various courts, including Initial Ap-pearance Court as an on-call commissioner.

During the last 15 years, Commissioner Mandell, who has worked with the law firm of Burch & Cracchiolo, has practiced extensively in the areas of commercial transactions and litigation, governmental relations, campaign finance and election law. He has also served as General Counsel at the Arizona Senate. n

You Are Cordially Invited to the

Please register online at maricopabar.org or contactTeri Ruff at (602) 682-8584 or truff@maricopabar.org.

■

How to Register

EARLY BIRD REGISTRATION (ends Jan. 15) ■ Table of Ten: $1,400

REGULAR REGISTRATION ■ Table of Ten: $1,650Individual: $150

Individual: $175

PLEASE PRINT CLEARLY

Name: ________________________________________ Firm: _______________________________________________

Please reserve seats for _____________ # of guests Table host name*: ______________________________

Address: ___________________________________________________________________________________________

City: ________________ State: ______ Zip: __________E-mail: _____________________________________________

* Table hosts are firms or individuals who sponsor a table of ten. Please provide guest list along with payment.

❒ Please place me/us at a no host Table ❒ Please seat me/us with _______________________________

TABLE GUESTS

1. __________________2. ___________________3. ________________4. __________________ 5. __________________

6. __________________7. ___________________8. ________________9. __________________ 10. _________________

PAYMENT INFORMATIONPlease Charge my: ❒ Visa ❒ MasterCard ❒ AMEX

❒ Total charge to my card $ __________________________or ❒ My check for $ ____________________________

Credit Card Number: __________________________________ CVV#: _________ Exp. Date: __________________

Please return form to MCBA, Attn: Teri Ruff, 303 E. Palm Lane, Phoenix, AZ 85004 Fax: 602-682-8601 Phone: 602-682-8584 Email: truff@maricopabar.org

2014 Barristers Ball & Casino NightSaturday, March 8, 2014

Maricopa County Bar Foundation

Case, Huff and Associates, Inc.

Beneficiary of the 2014 Ball

Presenting Sponsor

Reservations

Black Tie Preferred

COCKTAILS & SILENT AUCTION ■ 6:30 p.m.DINNER AND DANCING ■ 7:30 p.m.

CAMELBACK INN RESORT & SPA 5402 E. Lincoln Drive, Scottsdale, AZ 85253

A gala occasion to benefit a worthy cause

Get-a-Member Campaign(Gets you free CLE and maybe a $100 gift card!)

We would like to encourage you to recruit new members for the Maricopa County Bar Association.

Here’s how it works:All recruited new members (who have not been a member for at least a year)

receive a certificate for one hour of free CLE.

If you recruit one new member, you receive one hour of free CLE. For every new member you recruit (up to four), you receive additional hours of free CLE.

And, if you bring in five new members, you receive four hours of free CLE plus a gift card for $100.Certain restrictions apply.

Contact info:Call the Membership Department for details at (602) 257-4200.

WINING FOURSOMESFIRST PLACE: Lars Lagerman, Jeff Carson, Brian Burch, Bill MilneSECOND PLACE: Team Frazer Ryan Goldberg & Arnold — T. J. Ryan, Drew Melton, Scott Stephen, Tom MeissnerTHIRD PLACE: Team Snell & Wilmer — Bobby Kethcart, Jefferson Hayden. Will Bonahan, Sean Collins

TITLE SPONSOR: BMO Private BankDRINK CART SPONSOR: Gammage and BurnhamHOLE-IN-ONE SPONSOR: Tom Jones FordCLOSEST TO THE PIN SPONSOR: Tag Messenger

Special thanks to Mackenzie Jackson for rais-ing more than $400 for VLP with herGreat Drives for Charity hole sponsorship.

BMo Private Bank Pro Bono golf Classic raises funds

Adelman GermanBerk & MoskowitzCase Huff & AssociatesCBIZElkie Law OfficeGallagher & KennedyGreenberg TraurigGust RosenfeldNussbaum Gillis & DinnerPolsinelliPro Financial InsuranceSnell & WilmerSnyder & WennerWarner Angle Hallam Jackson & FormanekMarc KalishBest Messenger ServiceEngelman BergerFennemore CraigGoodman ElectricLiddy Legal Support ServicesHarrian Law FirmMay Potenza Baran & GillespieROI PropertiesTag Messenger

It was a beautiful morning for golf as thir-ty teams played their way around The Legacy Golf Resort in Phoenix and raised funds to benefit the Maricopa County Bar Foundation and the Volunteer Lawyers Program. Golfers started the morning with a hearty breakfast

sponsored by APS and ended the course with lunch, sponsored by Arizona Summit Law School, and raffle prizes. As is tradition, the last place team, the duo of Robert Boehlke and David Allen, received the coveted garden gnomes as their prize. n

HOLE SPONSORS

Jennifer Barnes (right) and her group.

Kiilu Davis, from Stone & Davis, and friend.

Lars Lagerman, Jeff Carson, Brian Burch, Bill Milne.

John Gilbert and friend look on as others play.

The gang from Altep.

The Frazer Ryan Goldberg & Arnold group.

MARICOPA LAWYER DECEMBER 2013 • 9MARICOPA LAWYER8 • DECEMBER 2013

Kevin AHERNPHOENIX

Shawn AIKENPHOENIX

Rebecca ALBRECHTPHOENIX

Maureen BEYERSPHOENIX

Gary BIRNBAUMPHOENIX

David DAMRONPHOENIX

Rick FRIEDLANDERPHOENIX

Marc KALISHPHOENIX

Jerome LANDAUSCOTTSDALE

Michelle LANGANTUCSON

Stephen SCOTTPHOENIX

Chris SKELLYPHOENIX

Jon TRACHTATUCSON

Mark ZUKOWSKIPHOENIX

Alan GOLDMANPHOENIX

Daniel NASTROPHOENIX

Jonathan CONANTPRESCOTT

Barry SCHNEIDERPHOENIX

Larry FLEISCHMANTUCSON

Sherman FOGELPHOENIX

Mark LASSITERTEMPE

Amy LIEBERMANSCOTTSDALE

Merton MARKSPHOENIX

Bruce MEYERSONPHOENIX

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You’re invited TO END-OF-YEAR SOCIALS

MCBA MEMBER HOLIDAY SOCIAL

Join us at the bar — MCBA, that is — for a casual and complimentary Holiday Social on Thursday, Dec. 12, from 5:30-7:30 p.m.

at the MCBA Office, 303 E. Palm Lane, Phoenix. You’ll enjoy delicious appetizers, beer, wine, soda and a chance to win several door prizes to make your holiday merrier (must be present to win). All members are welcome and there is no charge, but send in your RSVP to www.maricopabar.org/event/MCBAHolidayParty.

—————2013 FAMILY LAW

JUDICIAL RECEPTIONThe MCBA Family Law Section will hold its annual

Judges and Commissioners Reception on Thursday, Dec. 5, from 5:30-7:30 p.m. at the MCBA Office.

Complimentary light fare and refreshments will be offered. RSVP to Teri Ruff at truff@maricopabar.org.

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For more details about our school’s on-time graduation rates, job placement rates, the median debt of students who completed the program, student tuition and other costs, and other important information, please visit our website at AZSummitLaw.edu.

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register todaymaricopabar.org

&Casino Night

March 8, 2014The Legal Gala of The Year

theBarristers

Ball

CASEHUFF& ASSOCIATES

Leslie SatterleeYLD President

2012

LaShawn JenkinsYLD President

2009

Melinda SlomaYLD President 2013

Jennifer CranstonYLD President

2007

sponsored by

MARICOPA LAWYER DECEMBER 2013 • 11MARICOPA LAWYER10 • DECEMBER 2013

By Peggi Cornelius, VLP Programs Coordinator

When attorneys like Ross M. Mumme are recognized as “At-torney of the Month” by the Volunteer Lawyers Program, what first comes to mind is the certainty they are engaged in outstanding pro bono work. And so it is with Mumme, who began community service through the VLP before his graduation from the Phoenix School of Law in 2012, and has incorporated volunteer work into his law practice without skipping a beat.

In Mumme’s case, a second thought might be to wonder what would motivate and sus-tain commitment to pro bono work, when his solo law practice is in its infancy and time for community service is in competition with the joys of domestic life as a newlywed. Mumme’s answer to that question is multi-faceted, and begins at the beginning.

A native of Florida, Mumme’s early child-hood was spent in Panama City. “As a child, I wanted to become a lawyer. My parents light-heartedly encouraged me to pursue a legal career because my dad said I was good at ar-guing,” he says. Mumme became an Arizona resident at age 11, when his family moved to Tucson, and Phoenix became his home when he enrolled at Arizona State University.

Mumme’s undergraduate studies were in business and communications. Prior to and during much of his attendance at law school, he worked for a major auto insurance company.

“During my second year in law school, I hopped online and Googled something like ‘Phoenix pro bono’ and found the website for Community Legal Services,” he says. “I was incredibly lucky to become involved with VLP’s Friend of the Court program in the bankruptcy court. I was mentored by expe-rienced bankruptcy attorneys and appeared with them as Friend of the Court in reaffir-mation hearings with pro se litigants. That sparked my interest in bankruptcy law and gave me the foundation upon which my cur-rent practice rests.”

In Mumme’s view, pro bono service is a responsibility incumbent upon those privi-leged to be lawyers, and he can’t imagine why anyone would hesitate. He says the most chal-lenging thing in his experience with VLP has been to resist the urge to “take on every appli-cant I interview as a client.” In fact, in the past year, Mumme has interviewed many people seeking help through the VLP and agreed to represent three of them in Chapter 7 bank-ruptcies. In two additional cases, he has ne-gotiated a debt settlement for one client and agreed to prepare a will for another.

Beneath the quiet, thoughtful and respect-ful demeanor Mumme brings to interactions with clients and colleagues, there is a founda-tion of conviction and passion for the work. He describes euphoric feelings following con-sultations with distressed clients, saying, “I leave VLP’s office feeling like a million bucks, knowing I have given someone peace of mind and educated them about their rights.”

He speaks of stunning realiza-tions about the importance of pro bono work when he meets people, like an elderly, illiterate gentleman who had been deliberately and cruelly deceived by one of his chil-dren. “She had played upon his poor health and inability to read to convince him to sign a quitclaim deed to his home, giving herself sole ownership and telling him it was a will to ensure an equal share of his meager possessions for each of his children,” he says. “To me,

it was an unbelievably evil act and a reminder that VLP has an important role in assisting people in similar situations, when they literally have nowhere else to go.”

VLP Director Pat Gerrich has been im-pressed with Mumme’s professional devel-opment, saying, “I have never seen someone progress so quickly from outstanding law student extern to promising new volunteer lawyer. We’re so pleased that Ross has chosen to become one of VLP’s valued and frequent volunteers.” n

VLP ATTORNEY OF THE MONTHNew volunteer says pro bono work makes him feel ‘like a million bucks’

Ross M. Mumme

**PRO BONO SPOTLIGHT ON CURRENT NEED**Volunteer lawyers are needed to assist families who have problems with

lemon used cars, car repairs and other consumer issues.

volunteer Lawyers Program Thanks AttorneysThe Volunteer Lawyers Program thanks the following attorneys and firms for agreeing

to assist on 23 cases referred by VLP to help low-income families. VLP supports pro bono service of attorneys, by screening for financial need and legal merit and provides primary malpractice coverage, donated services from professionals, training, materials, mentors and consultants. Each attorney receives a certificate from MCBA for a CLE discount. For information on ways to help, please contact Pat Gerrich at VLP at 620-254-4714 or pgerrich@clsaz.org. n

ADOPTIONSSarah J. Michael

Sole PractitionerJoshua De La Ossa

Sole PractitionerKonnie K. Young

Sole Practitioner

BANKRUPTCYDiane Drain

Sole PractitionerJonathan B. Frutkin

Frutkin Law FirmCindy L. Greene — 2 cases

Carmichael & PowellKirk A. Guinn

Guinn Law GroupBrian C. PetersenEdwards & Petersen

Mallory D. PowersStone Law Group

Robert R. Teague — 2 casesTeague Law Firm

CONSUMERJose Carrillo

Quarles & BradyColleen Gautam

Snell & WilmerJefferson Hayden

Snell & WilmerEdward Hermes

Quarles & BradyJoy Isaacs

Snell & WilmerPeter RathwellSnell & Wilmer

DOMESTIC VIOLENCE/ FAMILY LAW

Katherine KrausSole Practitioner

F. Javier SobampoSole Practitioner

GUARDIANSHIP OF INCAPACITATED ADULTS

Sara AthenSnell & Wilmer

Jonathan BrinsonPolsinelli, PC

Brian W. BurkeSnell & Wilmer

David A. JacksonLewis Roca RothgerberMichelle M. Lauer

Jaburg WilkPaul A. Pappalardo

Snell & WilmerJoseph Y. ViolaSnell & Wilmer

GUARDIANSHIP OF MINOR CHILDREN

Karl A. FreeburgGreenberg Traurig

Susan L. B. LagermanSole Practitioner

Nonnie ShiversOgletree Deakins Nash

Smoak & StewartPaul L. Stoller

Gallagher & KennedyNancy Tribbensee

Arizona Board of Regents

HOMEOWNERSHIP ISSUESEvan Paul Schube

Quarles & BradyWm. Charles Thomson

Gallagher & KennedyNathaniel Wadsworth

Rowley Chapman & Barney

Get the most out of your membership

Join a section or division by calling theMembership Dept. at (602) 257-4200

Hall of Fame inductees, Member of the Year honored at MCBA Annual Meeting and Luncheon

Former MCBA President and all-around County Bar activist Jennifer Cranston is the winner of the 2013 Robert R. Mills Member of the Year Award.

Cranston, a shareholder at Gallagher and Kennedy, was cited for going well above and beyond the traditional level of service to the MCBA as a longtime volunteer, officer and president of both the associa-tion and the Young Lawyers Division. As one member of the MOY Award Commit-tee noted, “Jennifer would probably be the front runner for MCBA Member of the Decade, if we had such a thing.”

Cranston’s collective efforts to rein-vigorate both the YLD and the association, her unsung years of service on the MCBA Finance Committee, and restoring luster and prominence to the annual Barristers Ball and this Member of the Year Award are all among the hallmarks of her achievements during more than a decade of continuous service to the association.

Her law practice has three primary areas: real estate disputes, including condemna-tion and valuation matters; insurance cover-age analysis and bad faith litigation; and public utility regulation. She is as equally at home in the courtroom and Arizona Corporation Commission hearing rooms

Jennifer A. CranstonThe Robert R. Mills Member of the Year

as she is prowling the hallways of the MCBA offices. She is a 2000 Order of the Coif graduate of the University of Arizona James E. Rogers College of Law and earned her undergraduate Bachelor of Arts degree, summa cum laude, at St. Mary’s College of California in 1997.

Cranston has also been recognized as an AV Preemi-nent Lawyer in the Martindale-

Hubbell peer review ratings, as a Rising Star in the eminent domain and insurance coverage practice areas by Southwest Super Lawyers, and is a member of the “Forty Under 40” group recognized by The Business Journal in 2010.

Her devotion to public service transcends her work for the MCBA. In particular, Cranston has served as a Steering Commit-tee member on the Valley of the Sun United Way Women’s Leadership Council, and as a member of the VSUW’s Public Policy and Advocacy Committee. If you look closely on the current VSUW fundraising video, you’ll see her working to serve the needs of the county’s underprivileged.

When told of the award, Cranston stated, “It’s not very often that I am struck speech-less, but today was such an occasion. I was and am extremely touched and honored by your nomination.” n

Jennifer A. Cranston

MCBA Executive Director Allen Kimbrough, Shirley Mays (Dean, Arizona Summit Law School), Allison Kline (President of Student Body) and Scott Thompson (ASLS President).

Former Hall of Fame inductee Gary Stuart and Don Bivens (inductee).

Hon. Frank Gordon (former Hall of Fame inductee) and inductee Pat Gerrich.

Hon. Roxanne Song Ong being inducted into the Hall of Fame by MCBA President David E. Funkhouser III.

Lillian O. Johnson is inducted into the Hall of Fame.

Michelle and David Rosenbaum (inductee).

A great turnout for the honorees.

Hon. John Gemill and Hon. Robert A. Broomfield (inductee).

Tim S. Huff, Maricopa County Bar Foundation Chair, stands with Adiba Jurayeva and Charles W. Brown, recipients of the Michael D. Ryan Scholarship.

Twelve exemplary leaders in the legal profession, comprising the 2013 class of in-ductees into the Maricopa County Bar Hall of Fame, were recognized Oct. 30 at a luncheon at the Hyatt Regency in Phoenix. More than 300 people attended the event.

Also honored at the luncheon was the Robert R. Mills Member of the Year, Jennifer Cranston. (See sidebar.) This award was rein-stated in 2012 after a hiatus of several years.

In addition, the Michael D. Ryan Scholar-ship was awarded to two outstanding recipi-ents, Adiba Jurayeva and Charles W. Brown.

The 2013 Hall of Fame inductees are divided into two categories: the Pioneer era and the Modern era. Inductees into the Pioneer era are Louis Chalmers, Edward Kent, Calvin Udall and Philip Von Am-mon. Modern era inductees include Don

Bivens, Hon. Robert A. Broomfield, Patricia Gerrich, Hon. Andrew Hurwitz, Lillian Johnson, David Rosenbaum, Hon. Michael Ryan and Hon. Roxanne Song Ong.

About the inductees: Louis Chalmers — One-half of the

founding duo that launched the venerable 128-year-old firm that today is Fennemore Craig, Chalmers overcame a rough start that hurled other youths into oblivion before finding his passion and niche in law. Chalm-ers was the attorney for several mining, banking and other commercial enterprises such as the Cobre Grande Copper Company and Phoenix National Bank, of which he later became president. He also served as Phoenix City Attorney and representative of Maricopa County in the 16th Legislature, during which he served as chairman of the

judiciary committee and member of several other committees.

Edward Kent — As Arizona Territorial Supreme Court Chief Justice, Kent’s 1910 decision authored during Hurley v. Abbott, the Arizona Territorial Court determined that nearly 240,000 irrigable acres in the Salt River Valley had a right to water diverted from the Salt and Verde rivers for agricultur-al purposes. What became the Kent Decree determined water rights for about 5,000 landowners in the Salt River Valley. It also determined which lands were entitled to re-ceive water from Roosevelt Lake, increased and decreed Salt River Indian Reservation rights and recognized Fort McDowell Indian Reservation water users. Kent left the bench when Arizona achieved statehood on Feb. 14, 1912, earning him the distinction of be-

ing the last Arizona territorial chief justice. Calvin Udall — Perhaps Udall’s most

noted case came in 1954, when he was part of the legal team that represented Arizona in the titanic battle in the United States Su-preme Court between Arizona and Califor-nia for control of the Colorado River water. This trial resulted in a 1963 court decision that allocated rights to Arizona. Without ac-cess to the water, growth of the state’s ma-jor cities, particularly Phoenix, would never have materialized. Udall served as president of the Maricopa County Bar Association, a State Bar of Arizona delegate, and a member of both the State Bar of Arizona’s Board of Governors and the American Bar Association Board of Governors.

Philip Von Ammon — Upon graduat-ing from law school in 1938, Von Ammon entered private practice and joined the firm Sidley & Austin, where he remained for four years before serving as Lieuten-ant Commander in the United States Navy during World War II from 1942-1946. After his military service, Von Ammon served as counsel to the Atchison, Topeka and Santa Fe Railway before joining the Phoenix firm he helped grow. Over his exemplary career, Von Ammon continued to be an active par-ticipant and key force in the Arizona legal community. He served as president and on the board of directors for the Maricopa County Bar Association and was also presi-dent of the State Bar of Arizona, as well as a member of its board of governors.

Don Bivens — Bivens has served as presi-dent of the Maricopa County Bar, the State Bar of Arizona and the Western States Bar Conference. He was the founding president of the Thurgood Marshall, Jr. Inn of Court,

See Hall of Fame page 13

MARICOPA LAWYER DECEMBER 2013 • 13MARICOPA LAWYER12 • DECEMBER 2013

Most CLEs are available for simultaneous webcast or later viewing through West LegalEd at http://tiny.cc/kg4cjw ( icon indicates confirmed webcast)

PROGRAM LOCATIONUnless otherwise specified, all programs are held at the Maricopa County Bar Association office at 303 E. Palm Lane, Phoenix 85004.

ATTENDANCE POLICIESADVANCE REGISTRATION Full payment must be received in advance of the program before you are considered registered.

LATE REGISTRATION All registrations must be paid in full two business days prior to the program date or a late fee of $15 applies. For example, registrations for a September 17 program must be paid by September 15 in order to avoid the late fee.

WALK-INS You may register at the door if space is available; the $15 fee will apply. If you do not register at least two business days in advance of a program, MCBA cannot guarantee space or availability of materials.

CANCELLATIONS/REFUNDS Refunds, less a $10 fee, will be issued only if the MCBA receives your cancellation, in writing by mail, fax at (602) 682-8601, or email bboehlke@maricopabar.org at least two business days prior to the program.

NO SHOWS If you registered and paid, but could not attend, you may request that materials be sent to you, free of charge (allow3-4 weeks). If audio media is available, registrations may be converted to a self-study package for an additional $15 charge.

THREE WAYS TO REGISTER

Register online at:www. maricopabar.org. Click on “CLE/Events” at the top menu and then “CLE Calendar.”

ONLINEFollow directions for online registration. Then, from the program’s online registration page, download a print registration form to mail or fax.

DOWNLOAD PRINTED FORMCall Breeat (602) 682-8588

PHONE

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. The activities offered by the MCBA may qualify for the indicated number of hours toward your annual

CLE requirement for the State Bar of Arizona, including the indicated hours of professional responsibility (ethics), if applicable.

TuEsday, dECEMbEr 109 aM – 5 PM (Lunch included)

The Seven Proven Steps to Solo and Small Firm Success SPONSORED BY: the Solo and Small Firm Section Six hours of CLE credit available, including up to three ethics credits

Topics covered: Understanding the four stages of growth

solo law firms go through on the journey from start-up to seven figures. This will ad-dress unique ethical, professional, work/life balance and profitability issues.

Unpack, examine and identify opportuni-ties to improve the moving parts of a law firm, including marketing, sales and how the work gets done.

Lessons, exercises and practical examples to improve the moving parts of a law firm.

Discussion of financial controls and people.

What it means to be a CEO of a law firm business, discussion of key metrics, goals and work/life balance.

PRESENTERS:RJon Robins and Christopher T. Anderson from HowtoManageaSmallLawFirm.com.

COST: n MCBA Young Lawyers Division and Solo/Small Firm section members: FREE n MCBA members: $180 n MCBA Paralegal & Public Lawyer Division members: $120 n MCBA Student members: $10 n Non-members: $275

Thursday n dECEMbEr 127:30 – 9 aM (Breakfast included)

Qualified Plans, IRAs and Estate Plans: Avoid Tripping the Snare SPONSORED BY: Estate Planning, Probate and Trust Section 1.5 hour CLE credit available Qualified plans and IRAs can make up a substantial portion of any persons estate. Because of the IRS requirements imposed to achieve the income tax deferral, planning for these assets goes beyond simple beneficiary designations. What works for life insurance can lead to serious income tax liability for the trust or heirs. This session will explain the rules and offer ideas about how to plan for the complexity.

PRESENTER:Anne L. Leary, Gallagher & Kennedy

COST: n MCBA members: $62.50 n MCBA Estate Planning, Probate and Trust members: $55 n MCBA Paralegal & Public Lawyer Division members: $40 n MCBA Student members: $10 n Non-members: $102.50

Thursday n dECEMbEr 1212 – 1:30 PM (Lunch included)

Practitioner Do’s and Don’ts From the Judge’s Perspective LOCATION: United States Bankruptcy Court in Phoenix, 3rd Floor CourtroomSPONSORED BY: Bankruptcy Law Section1.5 hour CLE credit available Please join Judges Eddward Ballinger, Dan Collins and Brenda Whinery as they educate you on the do’s and don’ts in their court-rooms. The judges will candidly share with you the shortcomings they have observed during their tenures on the bench and how they have been both pleased and disappointed by pleadings they have read. This program is designed for commercial and consumer bank-ruptcy practitioners of all levels of experience.

Annual Wine CLe

Attendees enjoyed happy hour after the CLE.

COMING IN JANUARY!

Estate Planning and Probate

FundamentalsJanuary 10, 17, 24 and 31

Stay tuned for more information

MCba sEEKsVOLuNTEErs

l

We are currently seeking new members for the following MCBA Committees:

bench and bar

Continuing Legal Education

Lawyer referral service

Maricopa Lawyer Editorial board

Membership

Technologyl

If you are interested in serving on one of these committees, please send an email to appointments@maricopabar.org.

Please write the name of the committee on which you would like to serve in the subject line of your

email and include a resume with your request.

With your help, the MCBA can continue and expand its service to the profession and the public.

chaired the Arizona Lawyer Representatives to the Ninth Circuit Judicial Conference and co-chaired the Arizona Equal Justice Cam-paign. Bivens has been elected three times as Arizona’s state delegate to the American Bar Association House of Delegates and went on to serve on the American Bar Association Board of Governors as well as its Executive Committee.

Hon. Robert A. Broomfield — Judge Broomfield has the unique distinction of hav-ing served both as presiding judge of one of the nation’s largest state trial courts and chief judge of the U.S. District Court, District of Arizona. Judge Broomfield also supervised construction of the new federal courthouses in Phoenix and Tucson. Before attending law school, he served in the United States Air Force, holding the rank of a First Lieutenant pilot.

Patricia Gerrich — In 1994, Gerrich became director of the Volunteer Lawyers Program, a nonprofit co-sponsored by Community Legal Services and the Mari-copa County Bar Association that provides volunteer opportunities and support to more than 2,000 private lawyers who provide pro bono civil legal services to people with low incomes. Gerrich was recognized by the National Association of Pro Bono Profes-sionals as Pro Bono Coordinator of the Year in 1999. In 2001, she was honored as one of the 100 Women and Minority Lawyers in

Arizona, which recognized those who paved the way for equal opportunity for all people regardless of race, origin or gender. In 2002, Gerrich received the Legal Access Award of the Arizona Chapter of the American Jewish Committee. In 2006, she was honored with the State Bar of Arizona Sharon A. Fullmer Legal Aid Attorney of the Year Award.

Hon. Andrew Hurwitz — Judge Hurwitz has held a seat on the U.S. Court of Appeals for the Ninth Circuit since 2012, a position for which he was nominated by President Barack Obama. Judge Hurwitz’s experience as both a lawyer and a judge has touched all areas of law and includes notable opinions on freedom of speech, product liability and separation of powers. He was the chief of staff to Arizona Governor Bruce Babbitt from 1980-1983, and filled the same position for Arizona Governor Rose Mofford in 1988. In 2003, Arizona Governor Janet Napolitano appointed him to the Arizona Supreme Court.

Lillian Johnson — As executive direc-tor for Community Legal Services, Lillian Johnson has spent her nearly 40-year career working toward justice equality. Johnson left Chicago in 1982, and moved to Phoe-nix to serve in the position she holds today. Community Legal Services is Arizona’s largest nonprofit civil legal aid program with offices in five counties as well as a migrant farm worker program and volunteer lawyers

program. Johnson is among the group of nonprofit leaders who founded the Orga-nization of Nonprofit Executives. She also currently serves as chairperson for the Board of the National Legal Aid and Defenders Association.

David Rosenbaum — As past president of the Federal Bar Association and Lawyer Representative to the Ninth Circuit Judicial Conference, David Rosenbaum has devel-oped knowledge and experience in the finer points of prosecuting complex litigation in the federal courts. In 2009, he was appointed by the Supreme Court of Arizona to chair the Arizona Supreme Court Task Force for Development of Arizona Law Course and as a member on its Committee on Civil Rules of Procedure for Limited Jurisdiction Courts in 2011. Rosenbaum has also handled numer-ous high profile, controversial pro bono cases and was recently recognized by the Arizona Advocacy Network for his efforts in Arizona v. Intertribal Council of Arizona, a major voting rights case decided by the Supreme Court of the United States in June.

Hon. Michael Ryan — Wounds ob-tained in combat that resulted in two Purple Hearts, the Bronze Star with Valor and an early retirement from a gallant military career would be the professional culmination for many. For Arizona Supreme Court Justice Mi-chael D. Ryan, however, it was the impressive prelude to a commendable career in law and service. After earning his Juris Doctor degree in 1977, Justice Ryan’s first job was as deputy county attorney for the Maricopa County Attorney’s Office, a position he held until his appointment to the bench of the Maricopa County Superior Court in 1985. In 1996, Jus-

tice Ryan was appointed to the Arizona Court of Appeals, and in 2002, Governor Jane Hull appointed him to the Arizona Supreme Court. This is where Justice Ryan served until his retirement in 2010.

Hon. Roxanne Song Ong — The native Phoenician is the first Asian woman judge in Arizona and the first minority woman to be named Phoenix Municipal Court Chief Judge. Prior to her appointment by the Phoenix City Council in 2005, Judge Song Ong had served as a Phoenix Municipal Court judge since 1991. Her career as a judge began in 1986, when she served on the Scottsdale City Court. This year, the Arizona Supreme Court awarded Judge Song Ong its Distinguished Service Award, naming her Judge of the Year for Arizona. She was also honored with the 2013 Asian Pacific Community in Action Award.

More information about the Hall of Fame and detailed biographies of each inductee are available at www.maricopabar.org.

Members of the 2013 Hall of Fame Selection Committee are Hon. Glenn Davis, Chief Justice Rebecca White Berch, Tom Henze, Roxanne Bacon, Hon. Louis Araneta, Hon. Ann Scott Timmer, Richard Segal, John J. Bouma, Chief Justice Frank X. Gordon (Ret.), Alan Matheson, Larry A. Hammond, Hon. William P. French, Hon. Michael Daly Hawkins, Ted Warner, Patrick J. McGroder III, Hon. Cecil Patterson, Ed Hendricks, Sr., Hon. Robert Myers, Gary Stuart, Paul Eckstein, Kenneth Sherk, Mark Harrison, Mi-chael Kennedy, Chief Justice Ruth McGregor (Ret.), Hon. James McDougall, Joseph E. McGarry, Stan Watts, Jerry Lewkowitz and MCBA President David Funkhouser III. n

Hall of Fame inductees, Member of the Year honored at MCBA Annual Meeting and Luncheoncontinued from page 10

An evening of wine tastings and a regula-tory roundtable, sponsored by the MCBA Environmental Law and Natural Resources section, took place Nov. 8 at the Queen Creek Olive Mill. Speakers included Henry Darwin, director of the Arizona Department

of Environmental Quality; Sandy Fabritz Whitney, director of the Arizona Depart-ment of Water Resources; and William (Bill) Wiley, director of the Maricopa County Air Quality Department. n

Environmental section board member Megan Tracy, her husband Troy and Jeff Litell of Brown & Caldwell. Attendees enjoy great wine and food.

Environmental section chair Brad Glass and William (Bill) Wiley, Director of Maricopa County Air Quality.

DECEMBER 2013 CALENDARAll events at MCBA Office, unless otherwise specified.

Please watch your MCBA E-News for updated information about meetings and events.

2 Litigation Section Board Meeting 12 p.m. Diversity Committee Meeting 12 p.m.

3 Criminal Law Section Board Meeting 12 p.m. Public Lawyers Division Board Meeting 12 p.m.

4 Bankruptcy Law Section Board Meeting 7:30 a.m. Young Lawyers Division Board Meeting 12 p.m.

5 Construction Law Section Board Meeting 12 p.m. Family Law Section Judicial Reception 5:30 p.m.

6 Estate Planning Probate & Trust Section Board Meeting 7:30 a.m.

9 Paralegal Division Board Meeting 5:30 p.m.

10 CLE: The Seven Proven Steps to Solo and Small Firm Success 9 a.m. VLP Advisory Board Meeting 12 p.m.

11 Environmental Law Section Board Meeting 12 p.m.

12 CLE: Qualified Plans, IRAs, Estate Plans: Avoid Tripping the Snare 7:30 a.m. Executive Committee Meeting 7:30 a.m. CLE: Practitioners Do’s and Don’ts from the Judges’ Perspective — at the Bankruptcy Court Building 12 p.m. MCBA Holiday Social 5:30 p.m.

16 Maricopa County Justice Museum & Learning Center Advisory Board Meeting 12p.m.

17 Family Law Section Board Meeting 12 p.m.

18 Maricopa County Bar Foundation Board Meeting 7:30 a.m.

19 Employment Law Section Board Meeting 12 p.m. Board of Directors Meeting 4:30 p.m.

23, 24 & 25 MCBA Office closed for the Christmas holiday

31 MCBA Office closes at 2 p.m.

MARICOPA LAWYER DECEMBER 2013 • 15MARICOPA LAWYER14 • DECEMBER 2013

CLASSIFIEDSTo place a classified ad, please e-mail kdurazo@maricopabar.org or call (602) 257-4200.

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NORTH CENTRAL LUxURY OFFICES with secre-tarial space, smaller offices available. Large and small conference rooms, kitchen, cable, quiet street, covered parking. North of Bethany at 714 East Rose Lane. Call Rick 602-230-2916.

MESA, 1310 E. SOUTHERN AVE - 6,532 SF of rent-able office space available for single tenant lease. 10 private offices with class “A” upgrades featuring high-end finishes, custom iron doors and arched doorways, granite desks and countertops, Trav-ertine flooring, chandeliers, kitchen, conference room with flat-screen TVs and mini-fridge. Lease beginning June 2014 with or without as-is furnish-ings, full-service copier and/or installed telephone system. Visit www.galleryPlazaAz.com for photos. Please call 602-380-8080 or 602-354-5066.

LEGAL OFFICES FOR RENT - Up to 5 offices with 3 secretarial stations available. Near third street and Osborn. Conference room and kitchen facilities. Rent negotiable. Contact Elna at elna@beer-toone.com.

OFFICE SHARE (SCOTTSDALE AIRPARK AREA). A MUST SEE! - Second story office(s) with beautiful artwork in reception area. Three attorneys’ office(s) with or without secretarial bay included. Rent in-cludes use of conference room, internet access, law library and kitchen. Furniture and covered parking is available if needed. Easy access to 101 Freeway, full security system, affordable rates and immedi-ate occupancy is available. Call Susan at 602-263-0203 or email mavila@alvarez-gilbert.com.

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CLASS A OFFICE SPACE AVAILABLE TO SHARE IN KIERLAND/SCOTTSDALE AIRPARK AREA. North Scottsdale law firm is looking to share its current office space with suitable tenant. Includes three furnished offices, two secretarial/paralegal cubical spaces, three covered parking spaces, full security system, and shared use of conference room, file cabinets, work room/kitchen, and reception area. Easy access to Loop 101 and SR 51. Contact Hart at (480) 348-6400 or email Hart.Robinovitch@zimmreed.com.

NEWLY REMODELED LEGAL ExECUTIVE OFFICE SPACE - 7th St/Indian School location. Excellent lo-cation with easy access to I17, I10, 51, 202, 101, and Downtown courts. Included: conference room phones, copier, fax, kitchen, storage, conference rooms, admin bays. Benefits: free covered tenant and client parking, 24/7 card access, no building operating costs/CAM. Perfect for sole practitioner, or multi-staff. Flexible terms. Please call Tammy Forbis, Colliers International, at 602-222-5103 or email tammy.forbis@colliers.com.

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ATTORNEY WANTEDNEW LEGAL SERVICES COMPANY BEING FORMED - Seeking two attorneys with 5-10 years experience each in general law. One must have marketing savvy, the other must be well connected to Phoenix legal community. I am not an attorney but an investor with a successful history with start-up companies. This is a whole new legal concept and will require applicants to have a strong entre-preneurial spirit. There is NO CAPITAL CONTRI-BUTION required and you will be asked to forego salary in exchange for equity in new firm. If you are a reasonable risk taker and willing to pursue this exciting opportunity, please email your qualifica-tions. All information will remain strictly confiden-tial. maninvestments@aol.com

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Contingency Fee Splitting available in compliance with Ethical Rule 1.5(e)

Court rejects attempt to changecontinued from page 1

PRoMoTIoNS

National law firm Polsinelli, PC, has elected 33 new shareholders, including Jonathan Brinson, John Burn-side and Maribeth Klein of the firm’s Phoenix office.

Jonathan Brinson deals with insurance recov-ery and received his J.D. from Cornell University. John Burnside works in environmental and natural resources law and earned his J.D. from Arizona State University’s Sandra Day O’Connor College of Law. Maribeth Klein also works in environmental and natural resources law and earned her J.D. from the University of Minnesota n.

HoNoRS & AWARDSKris Carlson, an attorney

with the national law firm Pol-sinelli, PC, and a former Green Beret, has been appointed to the American Health Lawyers Association Behavioral Health Task Force. Carlson will serve as the co-chair of the Military/Veterans Work Group. The task force is being created to advance

the understanding of laws impacting mental health, including the delivery of services to those living with mental illness, certain neurological conditions, substance use disorders or developmental disabilities, and reimbursement for such services.

Andrew McGuire of Gust Rosenfeld was recently elected President of the Arizona City Attorneys Association (ACAA), an affiliate group of the League of Arizona Cities and Towns. The ACAA is comprised of all municipal attorneys in the state of Arizona, both in-house as well as

attorneys who are contracted to represent cities and towns.

McGuire focuses his practice in the areas of government and municipal law with an emphasis on special districts, real estate, land use and zoning. He currently serves as the City/Town Attorney for multiple Arizona municipalities.

McGuire received a B.S. in urban planning from Arizona State University and his J.D. from Gonzaga University School of Law.

Lewis Roca Rothgerber is pleased to announce that Richard N. Goldsmith was invited by the Phoenix Art Museum to serve another three-year term as a member of the museum’s board of directors. Goldsmith has served on the board since 1997.

Goldsmith, a partner in the firm’s business section, focuses his practice on lend-ing, equipment leasing and sales, general contract drafting and alternative dispute resolution. He has ex-tensive experience in Articles 2 and 9 of the Uniform Commercial Code, commercial lending and leasing, loan documentation and mediating commercial and other disputes.

Roshka DeWulf & Patten is pleased to announce that partner Jason Gellman has been elected to Vice President of Programs and Events for the Phoenix Union Foundation for Education, a nonprofit providing career and college scholarship assistance to high-school students in the Phoe-

nix Union High School District. In this role, Gellman will oversee the foundation’s programs, as well as the scholarship, golf and scholarship donor committees.

Gellman has served on the board of directors for the Phoenix Union Foundation for Education since 2011. He has been actively involved in the develop-ment of the foundation’s mission to fund programs that help Phoenix Union High School District stu-dents achieve success in college, career and life.

Gellman’s practice primarily focuses on public utilities, energy, telecommunications, water and admin-istrative law. He regularly appears before the Arizona Corporation Commission on matters involving public utilities, including rate cases, financings, service-area

extensions and rulemakings. Additionally, he works with utilities, developing renewable energy and energy efficiency implementation plans and programs.

Gellman received his J.D. from Arizona State Uni-versity’s Sandra Day O’Connor College of Law.

Roshka DeWulf & Patten is also pleased to announce that at-torney Maura Quigley has joined the Phoenix Children’s Hospital Foundation Emerging Leaders, an organization of young entrepre-neurs and early-career profes-sionals who support Phoenix Children’s Hospital.

As part of Emerging Leaders, Quigley will advise, advocate, fundraise and volunteer at the hospital. She and her group will participate in exclusive volunteer experiences, and enjoy networking and leadership opportunities; all while benefiting the hospital and the families it serves.

Quigley’s work with the Emerging Leaders is part of her longstanding commitment to helping local children. She also is a founding member of the Suns Charities 88, part of the Phoenix Suns Charities, which donates $1 million each year to local nonprofit organizations that improve the lives of children in the community.

Quigley received her J.D. from the University of Arizona’s James E. Rogers College of Law.

Perkins Coie partner Howard R. Cabot, a member of the firm’s Antitrust & Unfair Competition Litigation practice, has been admit-ted as a fellow to the American College of Trial Lawyers. The induction took place at the 2013 Annual Meeting of the College in San Francisco.

Cabot, a partner in the firm’s Phoenix office, is a courtroom litigator in complex and sophisticated cases, including antitrust, securities, intellectual property and class actions. His experience extends to state and federal court matters, as well as emergency injunctions, jury and non-jury trials, and appeals. He also teaches trial advocacy, evidence and professionalism as an Adjunct Professor at the Sandra Day O’Connor School of Law at Arizona State University and is a frequent speaker on a variety of litigation topics, from litigation management to legal ethics to the importance of public interest work to human rights issues.

NeW HIReS Hammerman & Hultgren, PC,

is pleased to announce that Allan R. Draper has joined the firm as an associate attorney. Draper earned his B.S. from Brigham Young University in 2007 and his J.D. from Arizona State Universi-ty’s Sandra Day O’Connor College of Law in 2012.

The international law firm Bryan Cave, LLP, has announced that two new associates have joined the firm’s Phoenix office.

Daniel Crane joins the Commercial Litigation Client Service Group. Crane received his J.D. from Arizona State University in 2013, his M.S. in statistics from Florida State University in 2008, and his B.A. in economics and B.S. in applied mathematics from Colorado State University in 2006. Prior to joining the firm, Crane externed for the Honorable James Teil-borg in the United States District Court of Arizona and the Honorable Jon Thompson in the Arizona Court of Appeals. He also has experience mediating

civil cases through his time with the Lodestar Media-tion Clinic. Crane is a recipient of the Outstanding Student Volunteer award with pro bono distinction from the Community Legal Services Volunteer Law-yers Program.

Lindsay Rabicoff joins the Class and Derivative Actions and Labor and Employment Client Service Groups. Rabicoff received her J.D. from Arizona State University in 2013 and her B.S. in communica-tion studies from California State University, Long Beach in 2007. In addition to a J.D., Rabicoff earned a Law, Science and Technology Certificate from the Center for Law, Science and Innovation at ASU’s Sandra Day O’Connor College of Law. Prior to law school, she worked as an in-house summer associ-ate for JDA Software in Scottsdale and held multiple management roles with The Walt Disney Company in Anaheim, Calif., and with Apple, Inc. Rabicoff is a 2013 Daniel Strouse Prize Honoree.

ACHIeveMeNTS

The Phoenix office of Quarles & Brady, LLP, is pleased to announce that after a month-long donation campaign, it raised enough food and cash dona-tions to provide 7,500 meals for those in need at the St. Mary’s Food Bank. This effort is one of many activities the local office takes part in through its Quarles Cares initiative, a firm-wide effort to connect directly with local communities, to best understand the residents’ needs. Through the volunteer initiatives, attorneys and staff commit themselves personally to civic and charitable efforts, and their personal growth is reflected in the workplace.

The Maricopa Lawyer invites members to send news of moves, promotions, honors and special events to post in this space. Photos welcome. Send your news via email to mhaskins@maricopabar.org.

Kris Carlson

Andrew McGuire

Maura Quigley

BULLETIN BOARDPOLICY

If you are an MCBA member and you’ve moved, been promoted, hired an associate, taken on a partner, or received a promotion or award, we’d like to hear from you. Talks, speeches (un-less they are of national stature), CLE presen-tations and political announcements are not accepted. In addition, the Maricopa Lawyer will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.). Notices are printed at no cost, must be sub-mitted in writing, and are subject to editing. Items are printed as space is available. News releases regarding lawyers who are not MCBA members in good standing will not be printed. n

Richard N. Goldsmith

Jonathan Brinson

Jason Gellman

Howard R. Cabot

Allan R. Draper

John Burnside Maribeth Klein

DIVORCE, FAMILY LAW, COLLECTION

Daniel J. Siegel, P.C. Attorney at Law1617 E. Pinchot, Phoenix, AZ 85016

602-274-1099 • dan@danieljsiegelpc.com

www.ARIZONADIVORCELAWYER.com

Daniel J. SiegelArizona State Bar Certified Specialist

in Family Law

that govern injunctions, and it reversed the merits ruling based on an argument that the commission had not raised below.

The court of appeals did not address wheth-er the campaign-contribution limits in the Clean Elections Act had VPA protection. Instead, it ruled that by amending only § 16-905, HB 2593 had not effectively amended the limits that were established in § 16-941. Contrary to the supe-rior court’s assumption, the court of appeals held, § 16-941 did not merely adopt § 16-905 as a formula to determine the limits applicable to clean-elections races.

Writing for the court, Judge Patricia K. Norris concluded that § 16-941 had set its own contribution limits by reducing the limits al-ready specified in § 16-905. She emphasized that § 16-941 did not simply adopt § 16-905’s limits but reduced them by 20-percent and al-lowed the secretary of state to thereafter adjust them for inflation.

“Allowing only the Secretary to adjust the adopted limits, and only for inflation,” Norris wrote, “undercuts the notion that A.R.S. § 16-941(B) merely adopted a formula for campaign contribution limits that could be adjusted by the Legislature without VPA compliance.” She added that “the language in A.R.S. § 16-941(B) allowing the Secretary to adjust the limits for inflation would have been superfluous if that statute adopted the limits in A.R.S. § 16-905 on a one-time-only basis because in 1998, A.R.S. § 16-905 already included a mechanism for infla-tion adjustment.”

Norris also pointed out that § 16-941 ex-plicitly applies “notwithstanding any law to the contrary. … Had A.R.S. § 16-941(B) only cre-

ated a formula that could be easily adjusted by the Legislature through amendments to A.R.S § 16-905,” she wrote, “there would have been no reason to include this phrase.” Instead, “the inclusion of this phrase indicates [that] A.R.S. § 16-941(B) was to stand on its own and to have significance separate and apart from A.R.S. § 16-905.”

Norris also concluded that allowing the legislature to amend the voter-protected clean-elections provision by the expedient of amend-ing an external provision like § 16-905 would run counter to the voters’ intention in enact-ing the Clean Elections Act in the first place. She agreed with the plaintiffs that “to construe A.R.S. § 16-941(B) as merely establishing a for-mula for setting campaign contribution limits would transform A.R.S. § 16-941(B) ‘into a meaningless arithmetic exercise.’”

“Such a construction,” Norris added, “would permit the Legislature to increase cam-paign contribution limits to any level simply by amending A.R.S. § 16-905, thereby rendering A.R.S. § 16-941(B) virtually meaningless.”

Her conclusion did not signal final victory for the commission, however. Norris acknowl-edged that Speaker Tobin and President Biggs were arguing that the contribution limits were unconstitutionally low. Because that argument had to be fleshed out, she ordered the superior court to reassess whether a preliminary injunc-tion should be issued. Joining her were Judges Randall M. Howe and Patricia A. Orozco. n

Editor’s note: Daniel P. Schaack, an assistant attorney general, was one of the attorneys represent-ing Secretary of State Bennett in Arizona Citizens Clean Elections Commission v. Brain.

lead the parties to alter their pre-conceived notions as to the value of their case, thereby resulting in the case proceeding to settlement rather than to resolution in a courtroom.

The selection by one’s peers to mediate a dispute is considered by most mediators to be a great honor, and engaging in such a service is viewed as somewhat akin to a sacred trust. Such motivation on the part of the mediator not only helps to promote settlements between the parties but also advances the highest ideals and traditions of alternative dispute resolution and our sys-tem of justice. Truly professional mediators often feel that they receive far more than they give in the way of personal satisfaction because, in their role as mediators, they are making a meaningful difference in the lives of the litigants they serve.

Mediation, when compared to litigating a case to a conclusion, not only provides a great cost savings to all parties involved, but the mediation process itself can be made more efficient and cost effective if the mediator is willing to work on a flat-fee basis. The

average time for an experienced mediator to complete an uncomplicated case can normally be predicted within a narrow range and such a flat-fee arrangement, unlike an hourly fee, has the further advantage of motivating the mediator to reach a beneficial settlement for the parties in the shortest time possible.

All lawyers have a professional duty and an ethical obligation to assist their clients to avoid litigation whenever they can. If the par-ties approach the mediation process in good faith and with proper consideration given to selecting an experienced mediator utilizing interactive mediation techniques, these im-portant duties and obligations can be fulfilled with enormous benefits for the parties and for our overburdened legal system. n

Jack Levine has represented both plaintiffs and defendants in personal injury cases. He has lectured and written extensively on trial skills, strategies and techniques in personal injury cases and has served as a mediator and principal advisor to the American Arbitration Association in the mediation of liability insurance claims.

Interactive mediation allow both parties to becomecontinued from page 2

Santa Catalina, Santa Rita, Sitgreaves, Tonto, Tumacacori, Verde National and Peloncillo.

Roosevelt’s other close advisor on natural resource issues was Frederick Newell. Newell, an MIT mining engineer and hydraulic spe-cialist, was the point man for reclaiming the West’s scarce water resources for use in farm-ing and other development. The Roosevelt administration through Newell implemented 24 major dam building/irrigation projects throughout the West, with two significant projects in Arizona — the Salt River Project and the Yuma Project.

Planning and building the first major fed-eral reclamation project fell to Arthur Powell Davis. Davis, a civil engineer, had overseen

the hydrographic studies of the two proposed Panama Canal sites and would eventually be-come Director of the Reclamation Service. Davis worked closely with the Salt River Water User’s Association and was recognized by his contemporaries as the “Father of the Dam.”

Without the joint efforts of a few respect-ed Arizona attorneys, the lunatic fringe and the Colonel, Arizona would be a very differ-ent place. If its natural and cultural resources had not been forcibly conserved and enhanced by these progressive thinkers, it is difficult to imagine that most of us would or could call Arizona home. Many more of the things that make Arizona unique would likely have disap-peared long ago. n

How the lunatic fringe saved Arizonacontinued from page 3

a small donation Makes a big differenceArbitration Fee Donations Help

Partnering with the Maricopa County Superior Court, the Maricopa County Bar Foundation (MCBF) is once again encouraging attorneys assigned to arbitration to donate the $75 fee to the Foundations’s fundraising effors.

It’s Easy to ContributeThe court has made it easy to contribute with a convenient “pro bono” check-off box located at the bottom of the Invoice in Support of Request for Warrant, a form provided in your arbitration packet. For more information, go to www.maricopabar.org and click on the Maricopa County Bar Foundation link located on the homepage sidebar.

Thank you for making a difference!

MARICOPA LAWYER16 • DECEMBER 2013

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