Arizona

While bonuses are burning up the comments here at Above the Law, there’s another discussion raging over at the ABA’s SoloSez Listserv — where solo and small firm lawyers from around the country share resources, practice tips and the occasional anecdote.

It seems that a 3L at Arizona State’s Sandra Day O’Connor College of Law is seeking sponsors for the remainder of her law school and bar study days. (We noted the development in today’s Morning Docket.)

Claiming the debt load for the average ASU grad has increased by $40,000 since she applied, the 3L is “reaching out to the online community to help [her] pay for it.” Good choice, since everyone knows that bloggers are just rolling in cash.

Given its entrepreneurial nature, this seems right up the small firm alley. But the plan has been received quite poorly by a majority of practitioners.

More about the sponsorship, what she’s willing to do for it, and the identity of the student, after the break…

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About once every two months, someone sends us an email asking, “Whatever happened to Kumari Fulbright?” Well, now we have an update.

In case you don’t recall, Kumari Fulbright was a Texas high school cheerleader, Arizona beauty queen, and second-year law student at the University of Arizona — until she was accused of participating in a plot to kidnap an ex-boyfriend, which put a crimp in her legal studies.

Last week, Fulbright took the stand — not in a moot court or mock trial competition, but in the criminal trial of her co-conspirator, Robert Ergonis. And it seems that Fulbright’s testimony, despite its occasional evasiveness, was effective. On Tuesday, the jury convicted Ergonis of kidnapping, aggravated assault with a deadly weapon (a gun), assault, and armed robbery.

Fulbright’s testimony against Ergonis was made pursuant to a plea agreement, which provides for her to receive a two-year prison sentence. She will be officially sentenced in early 2011 — and is stuck in jail until then.

Kumari cut a colorful figure on the witness stand….

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Nice torso -- no wonder he gets lucky.

Almost a month has passed since our last open thread devoted to bar exam results. So we have some catching up to do.

It’s not yet November, so California and New York test takers still have some time left to wait. But if you took the Massachusetts bar exam, release of the results is imminent, according to Stuff To Do During BarBri.

(Random aside: BAR/BRI isn’t the only provider of bar exam preparation services. For a comparison of BAR/BRI, Kaplan PMBR, and BarMax, see here — including the comments.)

Stuff To Do During BarBri attributes the Massachusetts mailing, said to be taking place tomorrow, to “the grape vine allegedly originating in the Massachusetts Superior Court.” So at this point it’s still rumor.

But we do have confirmed news of bar exam outcomes from other states….

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AZ, CT, MI, PA, VA, WA — any others?

Earlier this week, a story in the National Law Journal (subscription) reported that the Arizona State University Sandra Day O’Connor College of Law is weaning itself off of public funding and trying to become self-sufficient on private dollars. Towards that end, ASU will be raising tuition and admitting more law students.

I wanted to wait until I calmed down before I posted on it, but it doesn’t look like that is going to happen. So I broke into the Bronx Zoo this morning and stole some elephant tranquilizers. I’m going to shoot up and finish this post, now.

[Mmm... serenity...]

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tajudeen-oladiran.jpgArizona attorney Tajudeen “Taj” Oladiran came onto our radar back in 2009, when he filed one of the craziest motions we’ve ever seen. Solo practitioner Oladiran, a former associate at Greenberg Traurig, filed a racketeering lawsuit against “Suntrust Bank and its pimps” for allegedly suckering him into predatory housing loans.

The motion that caught our eye — “Motion for a [sic] Honest and Honorable Court System” –  was filed to vent Oladiran’s frustration with the “dishonorable” Susan Bolton, whom Taj called “a brainless coward.” That would be the same Susan Bolton who, in a not-so-cowardly move, blocked part of Arizona’s controversial immigration law.

Taj ended the motion:

Finally, to Susan Bolton, we shall meet again you know where. :-)

Not only did Taj get our Motion of the Day nod with that, he earned Motion of the Year honors.

The Arizona court system was less impressed with the motion, though. There, it earned Taj a threat of disbarment…

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Hazleton, Pennsylvania, is a lovely little town (or so Lat tells me — his aunt used to live there). But it’s not bigger than the federal government or the Constitution of the United States of America.

That’s the lesson the Third Circuit handed down today with its decision in the Lozano v. Hazleton case. At issue: Hazleton city ordinances making it illegal for undocumented immigrants to work or even rent a house in Hazleton.

Apparently, the Third Circuit still believes in federal supremacy. From the opinion:

Although our reasoning differs from that of the district court, we agree that the provisions of the ordinances which we have jurisdiction to review are pre-empted by federal immigration law and unconstitutional under the Supremacy Clause.

Did you hear that, Arizona? Your quixotic quest to deal with illegal immigrants without consulting the Constitution is almost over…

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Please note: people get Academy Awards for acting like they can talk to dead people.

Full disclosure: I belong to the South Park school of thought, which says that claiming you can speak to dead people makes you a candidate for Biggest Douche in the Universe. Even my priest, who believes that the will of an omniscient and all-powerful being can be easily flummoxed by a thin film of latex, doesn’t believe that he has a direct line of communication with the dead.

One would think that telling a client you are “channeling” his dead wife would violate multiple rules of legal ethics. But not so in Arizona. Nope, in Arizona you can get away with this, reports the ABA Journal:

[Lawyer Charna Johnson] began representing the client during his divorce proceedings in 1999. The client’s wife committed suicide the following year, and Johnson later co-represented him in probate proceedings.

Johnson and the client both testified that they genuinely believed the client’s wife was within Johnson. Two witnesses agreed. The client felt his wife had come back to heal some of the damage from her prescription drug use.

Yeah, that’s perfectly cool in ‘Zona. Remember, this is the state where Bryan Cave lawyers conducted an exorcism. Obviously they’re down with the supernatural in Arizona, so long as the spirits are American-born.

But still, having an inappropriate sexual relationship with a client is a no-no. Luckily for Charna Johnson, the client’s dead wife apparently no longer wanted to have sex with the client. Whew. Johnson really dodged a bullet there…

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This is going to come as a major surprise to many of you, but the Obama administration just won a victory in Federal Court.

I know, it’s crazy, but a federal judge actually sided with the Obama administration’s request for a preliminary injunction that will stay the effects of some provisions in Arizona’s controversial new immigration law. The Wall Street Journal reports:

A federal judge blocked key sections of Arizona’s tough new immigration law on Wednesday, granting the Obama administration’s request for an injunction based on the belief that immigration matters are the purview of the federal government.

U.S. District Judge Susan Bolton agreed to enjoin several provisions, including one that required police officers to check the immigration status of a person stopped for an alleged other violation, such as speeding, if reasonable suspicion existed that the individual was illegally in the U.S.

It’s a preliminary victory of U.S. citizens who happen to look like illegal immigrants in the eyes of Arizona police officers…

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As we mentioned in Morning Docket, the lawsuits are coming for Arizona’s new immigration law. First up, the ACLU. Bloomberg reports:

The American Civil Liberties Union is leading a court challenge to Arizona’s new law targeting illegal immigration, claiming the measure would allow unconstitutional racial profiling by police.

A group of civil rights organizations led by the ACLU also alleges that the law interferes with federal power and authority over immigration matters in violation of the U.S. Constitution, according to a complaint filed today in federal court in Phoenix. The group claims in addition that the statute infringes the free-speech rights of day laborers in the state.

It’s not surprising that the ACLU is taking the first shot at this. The Department of Justice might not be far behind….

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The state of Arizona — best known for being one of the last states to recognize Martin Luther King Jr. Day — has just given birthers a minor victory. The WSJ Law Blog reports:

The Arizona House approved a bill Wednesday that would require presidential candidates to show his or her birth certificate in order to be on the state’s ballot.

In other words, if President Obama wants to appear on the Arizona ballot in 2012, he just might have to produce his birth certificate.

Now the bill goes to the Arizona State Senate. If it passes there, current Arizona Governor Jan Brewer (R) will have quite a decision — give into the far right of her party, or risk their wrath.

But let’s not get ahead of ourselves. Even if all the moons align for the birthers, there’s still one big problem…

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