News Archive
Amicus and Strike Force Committee Activity
Jan 02, 2006
By Christopher Dupont
In June, 2005 we presented a detailed report, published in The Defender and found in the AACJ Archive, describing the activities in which the volunteer lawyers of this committee had been involved up to that time. This brief will supplement that report with respect to recent projects:
Published Amicus Opinion
In the Matter of James Joseph Hamm, Supreme Court No. SB-04-0079-M. Mike Kimerer recently argued to the Arizona Supreme Court in support of our amicus filed in this matter. Subsequently, the Supreme Court denied the application of James Hamm for admission to the Bar. While it did not mention the AACJ brief in its opinion, the Supreme Court adopted the position of AACJ, rejecting efforts of the State Bar and statewide County Attorneys to inject an automatic disqualification for members previously convicted of felony offenses. Instead, the Supreme Court explicitly recognized the importance of rehabilitation for convicted felons and reaffirmed the necessity for a showing of present good moral character - looking at a totality of the evidence. AACJ's amicus brief is available to members in the Document Library. (Participating Members: Marty Lieberman; Andy Silverman; Laura Winsky; Carla Ryan, Amy Nguyen; and Michael D. Kimerer, a Past President of The State Bar of Arizona).
Recent Amicus Submissions
Thomas v. Talamante (Trone real party in interest),Supreme Court No. CV-SA-05-0273-PR. Michael Terribile recently filed an amicus brief to the Arizona Supreme Court. AACJ argues that in a sexual misconduct case, when the prosecution seeks to introduce "Other Acts" evidence under Rule 404(c) of Evidence and the principal evidence consists of the statements of one or more witnesses, the court must hold an evidentiary hearing or review prior testimony that has been subject to cross-examination in order to make the "clear and convincing" determination required y the rule. The amicus brief is available to members in the Document Library. The amicus brief we filed in LeBrun on this issue is also available. The Supreme Court has not issued any orders in the matter since the pleading was filed. The amicus brief is available to members in the Document Library. The amicus brief we filed in LeBrun on this issue is also available. The Supreme Court has not issued any orders in the matter since the pleading was filed.
Recent and Ongoing Projects
Ethics Complaint:
The Maricopa County Attorney "ethics counsel" filed a complaint against a member, an attorney contracted with the Office of Court Appointed Counsel who accepts appointed cases, sometimes relatively late in the process. On three occasions, the member filed motions to re-extend plea offers based on inability to effectively advise the client regarding plea offers within the time frame of plea expiration dates. State v. Donald. The member was working on a response to the bar. Elie Miller (Past President of AACJ) is representing the member at the bar proceeding on behalf of AACJ.
In addition AACJ has consulted and offered assistance to two attorneys threatened with subpoena and/or warrant for work product.
Conclusion
AACJ is committed to protecting our members and standing up on issues that are important to our members and our clients. Member support in the form of membership dues and volunteer time on committees and at seminars makes us all stronger than we could ever be by ourselves. There are too many people to thank, so we thank you all. If there is an issue or problem you would like to address or if you would like to volunteer your services, contact Christopher Dupont 602-770-8942(c) or christopherdupont@yahoo.com.