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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 05 Jun 2012 06:12 PM by  lkoschney
R-12-0018 Rule 42, ER 8.4, Rules of the Supreme Court
 15 Replies
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cherrod
Posts:

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10 Jan 2012 12:32 PM
    R-12-0018

    Petition to Amend Rule 42, ER 8.4, Rules of the Supreme Court

    Would clarify the provision in Comment [ 3] to the rule that it is professional misconduct for a lawyer to manifest by words or conduct bias or prejudice against identified groups, in part by eliminating the list of identified groups

    Petitioner:
    Cathi W. Herrod
    P.O. Box 97250
    Phoenix, Arizona 85060
    602-424-2525
    602-424-2530
    cherrod@azpolicy.org
    Arizona Bar. No. 009115

    Filed: January 10, 2012

    Comments due May 21, 2012.

    CONTINUED, to be considered in conjunction with any proposal emanating from the State Bar Task Force established to study and make recommendations on this matter.

    DENIED August 27, 2013.
    Attachments
    aldboyle
    Posts:

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    13 Apr 2012 10:45 AM
    Amy L. D. Boyle, Esq.
    7844 S. Splinter Way
    Tucson, AZ 85756
    Telephone: 520-306-6597
    amyboyle@amyldboyle.com
    AZ Bar No.028302
    Re: Petition to Amend Rule 42, ER 8.4, Rules of the Supreme Court

    To the Court:

    I respectfully request that the Court consider this comment regarding this petition, for the reasons set forth in the attached document.

    Sincerely,

    Amy L. D. Boyle
    Attachments
    AbigailToth
    Posts:

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    18 Apr 2012 05:05 PM
    Abigail J. Toth, Esq.
    Telephone: 602-277-7000
    abigailtoth@azbarristers.com
    AZ Bar No. 027219
    Re: Petition to Amend Rule 42, ER 8.4, Rules of the Supreme Court

    To the Court:

    I respectfully request that the Court consider this comment regarding this Petition, for the reasons set forth in the attached document.

    Sincerely,

    Abigail J. Toth
    Attachments
    AZStateBar
    Posts:

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    07 May 2012 04:25 PM
    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 North 24th Street, Suite 100
    Phoenix, Arizona 85016-6266
    602.252.4804
    John.Furlong@staff.azbar.org
    Attachments
    postdlpost
    Posts:

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    16 May 2012 10:55 AM
    Dianne Post
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602 271 9019
    postdlpost@aol.com
    Attorney for 13 lawyers, 4 human rights groups, and 47 citizens
    Attachments
    postdlpost
    Posts:

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    17 May 2012 09:31 AM
    Dianne Post
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602 271 9019
    postdlpost@aol.com
    www.diannepost.net
    Comment for a statewide and a valley wide secular group
    Attachments
    edwardellis
    Posts:

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    17 May 2012 08:04 PM
    [b] [/b]
    Albert Ellis
    162 S. Maple Street
    Chandler, AZ 85226-3560
    alellis1932@cox.net

    I respectfully request the court to reject this petition. GLBTQgroups are being discriminated against.

    KayeEllis
    Posts:

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    18 May 2012 10:55 AM
    Ms. Donna Ellis
    162 S. Maple Street
    Chandler, AZ 85226-3560
    (480)278-5656
    andellis@cox.net

    Please reject the Herrod petition, because, no matter what they say, we DO have people who are being harmed, and harmed a lot, and above all, the main function of our judicial system should be simply to DO NO HARM!
    Gtestini
    Posts:

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    21 May 2012 10:21 AM
    Gaetano J. Testini, President
    Los Abogados Hispanic Bar Association, Inc.
    202 E. Earll Drive, Ste. 400
    Phoenix, AZ 85012
    Phone: (602) 532-0500
    Fax: (602) 532-0304
    State Bar No. 020941
    Gtestini@wmtlegal.com
    Attachments
    domanico
    Posts:

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    21 May 2012 12:04 PM
    WILLIAM G. MONTGOMERY
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 00032000)

    MARK C. FAULL
    CHIEF DEPUTY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 011474)
    domanico@mcao.maricopa.gov

    Attachments
    ecrowley
    Posts:

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    21 May 2012 04:21 PM
    Kina Harding
    Arizona Black Bar
    P O Box 628
    Phoenix, Arizona 85001
    (PH) 480.442.4142
    (F) 480.626.7663
    ADifferentKindofPractice@live.com
    SBN 028129

    Mingyi Kan
    Arizona Asian American Bar Association
    PO Box 3496
    Phoenix, AZ 85030-3496
    SBN 025566

    Ike Devji
    South Asian Bar Association of Arizona
    2555 E. Camelback Rd., Ste. 780
    Phoenix, AZ 85016
    SBN 021462
    Attachments
    postdlpost
    Posts:

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    21 May 2012 06:39 PM
    Dianne Post
    SBN 006141
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602 271 9019
    postdlpost@aol.com

    The European Court of Human Rights issued a decision in February that is instructive in this matter and therefore I submit this information for your further consideration.

    On 12 February 2012, the European Court of Human Rights ruled in CASE OF VEJDELAND AND OTHERS v. SWEDEN
    (Application no. 1813/07) JUDGMENT,STRASBOURG, 9 February 2012 that three persons convicted for distributing literature attacking gays and lesbians did suffer an intrusion on their freedom of expression under the European Convention on Human Rights but that it was justified because it was prescribed by law since it pursued one or more legitimate aims of a society and it was necessary in a democratic society. (para. 48)

    The court further found:

    55. Moreover, the Court reiterates that inciting to hatred does not necessarily entail a call for an act of violence, or other criminal acts. Attacks on persons committed by insulting, holding up to ridicule or slandering specific groups of the population can be sufficient for the authorities to favour combating racist speech in the face of freedom of expression exercised in an irresponsible manner (see Féret v. Belgium, no. 15615/07, § 73, 16 July 2009). In this regard, the Court stresses that discrimination based on sexual orientation is as serious as discrimination based on “race, origin or colour” (see, inter alia, Smith and Grady v. the United Kingdom, nos. 33985/96 and 33986/96, § 97, ECHR 1999-VI).

    GMcCaleb
    Posts:

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    21 May 2012 07:22 PM
    Gary S. McCaleb (AZ Bar No. 018848)
    15100 N. 90th Street
    Scottsdale, Arizona 85260
    Tel: 480-444-0020
    Fax: 480-444-0028
    Email address: gmccaleb@telladf.org

    Please see attached Comment submitted by Gary S. McCaleb and 53 other Arizona attorneys in support of Ms. Herrod's petition.
    Attachments
    Stakeholders
    Posts:

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    21 May 2012 08:15 PM
    Arizona Legal Diversity and Inclusion Stakeholders
    PO Box 34054
    Phoenix, Arizona 85067
    Kami M. Hoskins, 026271
    Dawn C. Valdivia, 020715
    Molly A. Newburn, 025652
    Mark E. Criner, 028870
    Brenda Thomson, 015567

    Submitted by:
    Molly A. Newburn, 025652
    Ryley Carlock & Applewhite
    1 N. Central Ave. Ste. 1200
    Phoenix, AZ 85004-4417
    mnewburn@rcalaw.com

    Attachments
    baxterk
    Posts:

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    22 May 2012 06:58 PM
    Kirk Baxter
    1148 E. Rovey Avenue
    Phoenix, AZ 85014
    602.852.0290
    kirk_baxter@msn.com

    As a life-long civil rights activist, I respectfully request that the Arizona Supreme Court reject this petition.

    With complete clarity, I am proud to say that as a gay man, I stand with all groups that Ms. Herrod's petition deems as "specially protected classes." Of particular note, the petition incorrectly highlights gender identity & gender expression as groups seeking “special mention,” as if they are Arizonans who somehow don’t deserve equal protection under the law. Undeniably, American history and constitutional law reflect the necessity of providing legal recourse for “specially protected people,” who otherwise, are routinely discriminated against. I would like to see Arizona move forward, not backward.

    In the same, shameful way that Ms. Herrod and her Center for Arizona Policy successfully lobbied against a 2012 House Bill that sought to provide safe schools for ALL Arizona children, their bigotry and hatred have resurfaced here. Why would someone from a "christian" platform favor bullying of any Arizona youth? That striking example shines a glaring truth on the type of “policy” that Ms. Herrod's petition suggests, "is more appropriately made by the legislature."

    Lastly, please consider that "frequent amendments to rules by special interest groups," are part of what has made this country great. We can't continue to evolve as a civilization by stifling rational dissent.

    lkoschney
    Posts:

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    05 Jun 2012 06:12 PM
    Kathy I. Zatari
    National Lawyers Guild
    Central Arizona Chapter
    PO Box 8172
    Scottsdale, AZ 85252
    Ph: (602) 714-8517
    zatariki@gmail.com
    Attachments
    Topic is locked