Monday, March 23, 2020

BREAKING: U.S. Supreme Court Denies Arizona's Bid To Deny Class-Action Status On Foster Care Lawsuit Vs. DCS

The U.S. Supreme Court today denied Arizona's request to review a decision granting class-action status in a case seeking improvements to Arizona's foster care system.

The case began in 2015, on behalf of 10 foster children alleging Arizona was violating their due process rights by "deprivation of medical care and failure to timely investigate reports of abuse and neglect...and for failure to place children in appropriate living environments." The case also alleges violations of the Medicaid Act.

Arizona hired outside counsel to appeal the judge's decision to give the case class-action status, meaning that it applies to all appropriate foster children in Arizona. Former Solicitor General Paul Clement was paid $300,000 to bring the decision to the U.S. Supreme Court. The Arizona Republic's Mary Jo Pitzl recently detailed that the State has already paid more than $7M of ourside legal fees in defending the case.

Without comment today, the Supreme Court declined to consider the appeal, by denying the petition.

The Arizona Center for Law In the Public Interest and the national Children's Rights group are representing the foster children.

Arizona's Law has asked the parties for reactions, and will update this developing story as warranted.

Friday, March 20, 2020

LISTEN: Effect of Trump Pardon of Arpaio, the Special Election To Serve Out McCain's Term, and Much More - "AZ Law" Podcast

This pre-Covid-19 Chaos episode features articles and commentaries about two key decisions from the 9th Circuit involving the post-pardon contempt verdict against Joe Arpaio and this November's
special election to serve out the balance of John McCain's 6-year Senate term.

There are plenty of other interesting articles, both originally reported and from fine Arizona media outlets. Here is the full listing:

1. 9th Cir. Refuses To Vacate Criminal Contempt Verdict Vs. Joe Arpaio; Sheriff Sees Victory In Reasoning (Weich, AZ Law)
2. Commentary: Justice Works! Arpaio’s criminal contempt verdict still stands (Diaz, Republic)
3. Supreme Court Affirms Arizona Death Sentence For James McKinney, On 5-4 Vote (Weich, AZ Law)
4. Court says misapplied law allows killers chance at parole (Fischer, Capitol Media)
5. 9th Circuit Rules Ducey’s Handling of Late-Sen. McCain’s Seat Constitutional, 27 Months of Appointments Stand (Weich, AZ Law)
6. Court orders EPA to take action on Arizona’s plan to curb harmful air pollution (Stone, Republic)
7. Juan Martinez continues misconduct fight with State Bar of Arizona (Castle, Republic)
8. Sens. Sinema and McSally Propose 42% Increase In Federal Judgeships for Arizona, To Alleviate “Judicial Emergency” (Weich, AZ Law)

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc.

More on these cases and other legal news can be found at ArizonasLaw.org.

AZ Law also airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here.

Monday, March 9, 2020

LISTEN to "The LOST Episode" - "AZ Law" Installment, Featuring Several Articles About Taxpayers Paying Legal Fees

Yes, this program IS a little young for it to be featuring "lost episodes". I thought that I had posted this installment before I left town on my birthday weekend. Apparently, it saved to drafts instead of getting published here. (Although it was broadcast on Sun Sounds of Arizona.) So, enjoy this unearthed legal treasure!

***
This installment of "AZ Law" has an awful lot of stories about the state of Arizona paying for
attorney's fees in various cases. The so-called ballot harvesting ban is on hold pending U.S. Supreme Court action, and the Arizona Supreme Court will decide whether the Attorney General needs the Governor's OK on certain suits.

Two more articles and a commentary follow. All of the articles are listed at ArizonasLaw.org.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc.

More on these cases and other legal news can be found at ArizonasLaw.org.

AZ Law also airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here.

BREAKING: Supreme Court Orders Hearing For Death Row Inmate On Whether Juror Misconduct Contributed To Second Conviction In Notorious Yuma Murders

The Arizona Supreme Court is ordering an evidentiary hearing for death row inmate Preston Strong, to determine whether juror misconduct cont...