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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 30 Jun 2009 03:53 PM by  annedep
R-08-0016 Petition to Amend Rule 35(b) Arizona Rules of the Supreme Court
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Author Messages
JMRuggieri
Posts:

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20 May 2009 01:37 PM
Honorable Justices of the Supreme Court

As a Member of the Indian Law Section pf the State Bar of Arizona, and the Bar Exam Exploratory Committee of the Indian Law Section, I have been given permission by the current Attorney General for the Tohono O'odham Nation, Mr. Jonathan Jantzen, to respectfully submit the attached letter for your consideration in support of the Petition to include Indian Law on the Bar Exam.

Sincerely,

Justin M. Ruggieri, Esq.
AZ Bar No. 023437

JRuggieri@azbar.org
520-884-1385

for
Jonathan Jantzen
Attorney General, Tohono O'odham Nation
P.O. Box 830
Sells, AZ 85634
520-383-3410
Attachments
kpatters
Posts:

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20 May 2009 04:29 PM
Native American Bar Association of Arizona ("NABA-AZ")
3003 N. Central Avenue
Suite 2600
Phoenix, AZ 85012
602-916-5491 (phone)
602-916-5691 (fax)
kpatters@fclaw.com
Attachments
sfreemont
Posts:

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20 May 2009 06:41 PM
Honorable Chief Justice Ruth V. McGregor
Chief Justice of the Supreme Court

May 20, 2009

On behalf of the Arizona Tribal Prosecutors Association, we would like to encourage the inclusion of Indian law as an examination topic on the Arizona State Bar exam. The Arizona Tribal Prosecutors Association, (“AZTPA”) is composed of prosecutors who serve Arizona Indian tribal governments. In their various capacities, these prosecutors have daily experience with the complexities of Indian law. There are a few common situations that this letter with highlight to illustrate the importance of Indian law in the State of Arizona.
With so much of Arizona’s lands being Indian lands, and many of the state’s highways passing through Indian land, incidents and criminal offenses occur regularly that place victims within the jurisdictional maze of Indian law. Those victims are sometimes subject to unnecessary confusion and misinformation when they contact attorneys who are not familiar with the Indian law aspects of personal injury tort claims, restitution, or even the criminal justice systems. Sadly, some victims may encounter attorneys who are virtually unaware that the claims may not be subject to state jurisdiction.
Another common area of practice in Indian country, where education in Indian law would be beneficial is in the area of service of process. Failure of an attorney to recognize that the proper service of process may be subject to an Indian tribal government’s local rules could potentially delay or compromise a case. Similarly, state issued orders may be subject to a comity process for recognition within individual Indian tribal governments. When attorneys are unaware of these jurisdictional issues and possible conflict of laws, victims are potentially re-victimized.
With respect to criminal laws, Indian tribal governments have jurisdiction over criminal matters committed by Native American offenders that occur within Indian Country. Often, these criminal offenders also have different criminal matters pending within the Arizona State or federal judicial systems. On occasion, these crimes may also involve non-Indian offenders , or even a mix of offenders and victims. Therefore, criminal practitioners within the State of Arizona need to be aware of the various extradition practices that each jurisdiction may have. Effectively working together with the various jurisdictions is a mission of the AZTPA, and as we strive to reduce any and all barriers to justice and safety.
Of course, tribal prosecutors do not expect that all persons who seek admittance into the Arizona State Bar become Indian law experts. However, basic knowledge of the existence of this important area of law should be expected for all practitioners within the State of Arizona. The citizens of the state, who are future clients and sometimes victims, should have faith that a licensed attorney in Arizona has the competency to identify basic jurisdictional issues, potential limitations on claims, or even the availability of a tribal forum. For these reasons, the AZTPA encourages you to consider placing Indian law on the Arizona State Bar Examination.

Arizona Tribal Prosecutors' Association
c/o Sheri L. Freemont
10005 E. Osborn
Scottsdale, AZ 85256
480-362-5400
sheri.freemont@srpmic-nsn.gov
JMRuggieri
Posts:

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20 May 2009 07:08 PM
Honorable Justices of the Supreme Court

As a Member of the Indian Law Section of the State Bar of Arizona, and the Bar Exam Exploratory Committee of the Indian Law Section, I have been given permission by Mr. Robert C. Brauchli, a member of the State Bar of Arizona, to respectfully submit the attached letter for your consideration in support of the Petition to include Indian Law on the Bar Exam.

Sincerely,

Justin M. Ruggieri, Esq.
AZ Bar No. 023437

JRuggieri@azbar.org
520-884-1385

for
Robert C. Brauchli
P.O. Box 64607
Tucson, AZ 85728
520-299-8300
aztuc158@aol.com
Attachments
quigley
Posts:

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21 May 2009 01:59 AM
Daniel J. Quigley
Quigley & Whitehill, PLC
2730 E. Broadway Boulevard, Suite 160
Tucson, Arizona 85716
520-326-4600
State Bar No. 011052
Attachments
lochoa
Posts:

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22 May 2009 06:49 PM
The reasons for the inclusion of Indian law on the Ariazona bar exam are obvious:

1) There are 22 federally recognized tribes exercising jurisdiction over nearly twenty-two million acres of land located within the State of Arizona.
2) The land mass comprised by Arizona tribes is over one quarter of the land within this State. Arizona has the greatest percentage of Indian lands of all states in the country.
3) Indian lands have been (and continue to be) developed by some of largest and most powerful companies in the U.S. and involve not only, complex business transactions, but the legal issues involved in these transactions involve far-reaching legal principles that even attorneys who do no work in this area should be able and trained to identify and have a basic level of competency.

These transactions give rise to questions of jurisdiction, liability and justice resulting from the relationship between tribes and non-tribal businesses, employees and citizens of this State.

Now is the time to add this area of the law - an area of great relevance to any lawyer admitted to practice in this state - to the Arizona bar.

Luis A. Ochoa
Partner
Quarles & Brady LLP
1 S. church Avenus, suite 1700
Tucson, AZ 85701
luis.ochoa@quarl;es.com
lkoschney
Posts:

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27 May 2009 05:38 PM
R-08-0016 Petition to Amend Rule 35(b) Arizona Rules of the Supreme Court


Terry Goddard
Arizona Attorney General
1275 West Washington
Phoenix, AZ 85007-2926
Ph: (602)542-4266
Fax602)542-4085
State Bar #4557
Attachments
kpatters
Posts:

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03 Jun 2009 11:01 AM
AMENDMENT TO NABA-AZ POST SUBMITTED ON 5-20-09 AT 3:29 P.M.

Native American Bar Association of Arizona ("NABA-AZ")
3003 N. Central Avenue
Suite 2600
Phoenix, AZ 85012
602-916-5491 (phone)
602-916-5691 (fax)
kpatters@fclaw.com

The attachments to this post are to amend NABA-AZ's original post that was submitted on 5-20-09 at 3:29 p.m. The content of the letter did not change, only additional signatures were added. Thank you.
Attachments
ACourson
Posts:

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04 Jun 2009 03:50 PM
Honorable Justices of the Supreme Court

As Immediate Past Chair of the Indian Law Section and current Chair of the Bar Exam Exploratory Committee of the Indian Law Section, I respectfully submit for your consideration the attached letter from the current United Staates Attorney for the District of Arizona.

Sincerely,
Amy B. Courson
Immediate Past Chair
Indian Law Section
AZ Bar No. 022399
4400 E. Broadway, Suite 700
Tucson, AZ 85711
520-795-8727
acourson@stricklandlaw.net
Attachments
annedep
Posts:

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30 Jun 2009 03:53 PM
Petitioner's Reply, filed on behalf of:

State Bar of Arizona
4201 N. 24th Street, Ste. 200
Phoenix, Arizona 85016-6288
(602) 252-4804
Attachments
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