A Phoenix judge has ordered that a state law attempting to bar schools from imposing mask requirements on campus is unconstitutional. The law was set to take effect on Wednesday, September 29, 2021, but now it will not. The judge agreed with a coalition of school groups who argued that including ...
Schmidt, Sethi & Akmajian Blog
Constitution—Crime Victim Right to Be Heard re Restitution
Constitution—Crime Victim Right to Be Heard re Restitution State v. Fox, No. CR-20-036-PR (September 20, 2021) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CR200306PR.pdf CRIME VICTIM HAS CONSTITUTIONAL RIGHT TO BE HEARD ON THE MERITS OF A DEFENDANT'S ATTEMPT TO DEL...
Back to the Future - The Delta Variant and the Courts.
After a slightly optimistic Spring and early Summer, where courthouse operations started to loosen and some normalcy teased on the horizon, COVID's Delta Variant and a scary increase in case numbers has shot us back into uncertainty and restriction. In fact, I was just sitting down to write a sum...
Virtual Court Risk Exposed - Witness Intimidation
In a now deleted video of a live domestic abuse pre-trial hearing, viewers were able to see one of the main concerns of virtual/remote court proceedings play out in real time. Extreme threat to personal safety and security was at stake, and it was the quick thinking of the prosecutor and the poli...
FALLOUT FOR LAWYERS INVOLVED IN CAPITOL HILL INSURRECTION
The recent insurrection at the U.S. Capitol has resulted in consequences for lawyers connected to the event. One such person is John Eastman, who was a law professor at Chapman University. He spoke at the “Save America” rally preceding the riot and assisted in several of the lawsuits challengin...
Maricopa County Court to Hold Remote Trial
This week put a quick end to any lingering doubt that important business must wait because of COVID related shelter orders and slowdowns of regular operations. The United States Senate Committee on Health, Education, Labor, and Pensions held a wholly remote/video-conference based hearing address...
Remote Depositions in the Time of COVID - Rule 30(b)(4)
This blog collects trial court orders allowing remote video depositions over the objection of a party. Check back for updates. The COVID 19 health crisis continues. Courthouses around the nation are operating with skeleton staff to protect the health and welfare of both court staff and the ge...
Arizona Allows for Remote Notary
Governor Doug Ducey and Arizona Secretary of State Katie Hobbs announced an Executive Order that allows Arizonans to get documents notarized remotely, while ensuring secure and effective verification processes. Until this order, notaries and signers were required to complete the notarization pro...
Serial's Lessons for a Trial Lawyer.
Well. It's over. After 12 riveting episodes we are left with so many questions and only a little certainty. At the top of the "Things We Know" list -- MailChimp deserves a strong look. Serial offers trial lawyers a lot of practical tips and lessons. #serial
Tucson Medical Malpractice: The Reality Of How Difficult It Is To Prove A Case
By: James D. Campbell -- Tucson Medical Malpractice Attorney The average Joe sitting in his armchair thinks that medical malpractice cases are a problem. There are too many of them and doctors can't practice medicine because insurance costs are driving them out of the business. I AM HERE TO TELL...
Heading to Mediation? What to Expect.
Truth is more than 95% of civil cases, including personal injury cases, settle before trial. Most often they are resolved in a proceeding called a mediation or settlement conference. There are many benefits to settlement including certainty, control and closure. You know what the result will be,...
Social Networking: Be Careful What You Share
Social Networking on sites like Facebook, Myspace, and Twitter can be a very helpful tool in keeping in touch with friends, meeting new people, and sharing ideas. Be careful what you share, however, because it can become available to more people than you think and create damaging consequences to ...
Loser Pays
For hundreds of years civil lawsuits have been filed in an attempt to make individuals or a family whole again. These lawsuits are filed knowing that if one were to lose their claim then they would not have to pay lawyer fees. This allows people with little or no money to enter the civil arena an...