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2023 Arizona Supreme Court Review
Original Program Date :


Join us for Arizona Supreme Court Review! This program will feature Arizona Supreme Court justices, court staff, and practitioners.  They will speak live about practice before the Court, important cases, recent developments at the Court, and more.  The program will include:

  • Discussion of recent major Arizona Supreme Court opinions
  • Insights on practicing before the Arizona Supreme Court
  • An opportunity to ask the Justices your questions

Program Chairs:
Eric M. Fraser, Osborn Maledon, PA
Mary R. O'Grady, Osborn Maledon, PA

Faculty:
Chief Justice Robert M. Brutinel, Arizona Supreme Court
Vice Chief Justice Ann A. Scott Timmer, Arizona Supreme Court
Justice Clint Bolick, Arizona Supreme Court
Justice John R. Lopez IV, Arizona Supreme Court
Justice James Beene, Arizona Supreme Court
Justice William G. Montgomery, Arizona Supreme Court
Justice Kathryn H. King, Arizona Supreme Court
Judge Randall H. Warner, Maricopa County Superior Court
Lisa Banen, Chief Staff Attorney, Arizona Supreme Court
Joshua D. Bendor, Arizona Solicitor General
Timothy Berg, Fennemore
Kathy Brody, Mitchell Stein Carey Chapman
David J. Euchner, Pima County Public Defender’s Office
Tracie Lindeman, Clerk of Court, Arizona Supreme Court
Joseph N. Roth, Osborn Maledon
Emily Ward, Fennemore
 

Timothy Berg, General Counsel, Fennemore Craig PC
, a director at Fennemore Craig, is a highly experienced appellate litigator who has participated in more than 400 appeals before the United States Courts of Appeals, the Supreme Court of Arizona and the Arizona Court of Appeals. His appellate practice includes public law, public records law, employment law, medical malpractice, product liability, environmental, state and local taxation, business tors, real property and mineral rights, bankruptcy, and public utilities law. Recognized in the Best Lawyers in America and Southwest Super Lawyers, he is a past President of the American Academy of Appellate Lawyers and is a past member of the Executive Committee of the National Conference of Commissioners on Uniform State Laws for which he also chaired a task force to draft the Model Tribal Secured Transactions Act and the Model Tribal Probate Code. He also is a member of the Arizona Commission on Uniform State Laws and board member of the Arizona Law College Association. Following law school, he clerked for Chief Judge Richard H. Chambers of the United States Court of Appeals for the Ninth Circuit. He then joined Fennemore Craig where he has practiced for 42 years.
Chief Justice Robert M Brutinel, Justice, Arizona Supreme Court
Chief Justice Brutinel became Chief Justice on July 1, 2019. He was appointed to the Arizona Supreme Court in November of 2010 and was elected as Vice Chief Justice in January 2018. Prior to his appointment, Justice Brutinel served as the Presiding Judge of the Yavapai County Superior Court, where he presided over cases involving civil, criminal, juvenile, mental health, drug court, probate and domestic relations matters.

Justice Brutinel currently serves on the Board of Directors of the Conference of Chief Justices and has served on the Arizona Supreme Court Committee on Juvenile Courts, the Arizona Supreme Court Commission on Technology, the Arizona Commission on Judicial Conduct, the Supreme Court Arizona Judicial Council, the Arizona Character Education Commission, and the Governor’s Children’s Cabinet. Justice Brutinel is a past president of the Arizona Judges Association and the Yavapai County Bar Association and has served as an Advisory Board Member for the Arizona Department of Juvenile Corrections. In 2010 Justice Brutinel was chosen as the National Court Appointed Special Advocates (CASA) Judge of the Year.

Justice Brutinel graduated from Arizona State University with a B.S. in Economics in 1979. He received his law degree from the University of Arizona in 1982 and an LL.M. in Judicial Studies from Duke University in 2018. Justice Brutinel was admitted to practice law in Arizona in 1982. Prior to serving as a judge he practiced law in Prescott, Arizona, primarily in the areas of business and real estate, and Indian Law.

Honorable Randall H Warner, Maricopa County Superior Court, Maricopa County Superior Court
HONORABLE RANDALL H. WARNER was appointed Judge of the Superior Court of Arizona in August 2007. He currently has a family court calendar, and has served on civil court, family court, criminal court, and juvenile court assignments. Judge Warner was the Maricopa County Civil Presiding Judge from June 2015 through June 2018, and presided over a Civil Complex Calendar. Before joining the bench, Judge Warner had a civil appellate and commercial litigation practice. At the start of his career, he clerked for Arizona Supreme Court Justice Thomas A. Zlaket. Judge Warner teaches and writes frequently on civil practice issues, effective advocacy, and civil case management. He recently published his third law review article on the law-fact distinction, All Mixed Up About Statutes: Distinguishing Interpretation from Application, 22 J. App. Prac. & Process 163 (2022).


Lisa Banen
Lisa Banen is a graduate of Cornell Law School and has practiced law in Arizona for 35 years, including more than two decades in private practice and seven years at the Attorney General's Office. In 2016, she joined the Staff Attorneys' Office, and in January 2020, she was promoted to Chief Staff Attorney.
Vice Chief Justice Ann A Scott Timmer, Vice Chief Justice, Supreme Court of Arizona
Vice Chief Justice Ann A. Scott Timmer joined the Arizona Supreme Court in 2012. She was elected by her colleagues as Vice Chief Justice in 2019. She currently chairs the court’s Commission on Technology, and previously chaired the court’s Legal Services Task Force, and the Attorney Regulation Committee. She is a member of the National Conference of Bar Examiners Board of Trustees, serves on the Board of Trustees of the Appellate Judges Education Institute and has been elected to The American Law Institute. She has received many honors, including most recently being named one of a New Decade of Arizona’s Most Intriguing Women (2022), an ABA Journal and ABA Center for Innovation Legal Rebel (2021), and the Arizona Capitol Times Woman of the Year (2020). Prior to being appointed to the Supreme Court bench, Justice Timmer served on the Arizona Court of Appeals for twelve years, serving as its chief judge for three years. Justice Timmer earned her bachelor’s degree from the University of Arizona, her J. D. magna cum laude, from Arizona State University Law School (now the Sandra Day O’Connor College of Law), and a Masters in Judicial Studies from Duke University Law School. As an attorney, she primarily practiced commercial litigation with Phoenix-based law firms.
Justice James P Beene, Southeast Regional Court
JUSTICE JAMES P. BEENE was appointed to the Arizona Supreme Court in 2019. Prior to his appointment, Justice Beene spent two and a half years on the Arizona Court of Appeals, Division One, and seven years on the Arizona Superior Court for Maricopa County. He graduated from the University of California at Santa Barbara in 1988 and earned his J.D. from the University of Arizona in 1991. Justice Beene began his legal career at the Pinal County Attorney's Office, and then worked as a trial attorney in the Maricopa County Attorney's Office.
Mary R O'Grady, Member, Osborn Maledon PA
is a partner at Osborn Maledon where she works on civil litigation, appeals and strategic advice and counseling, with an emphasis on public law issues. She has extensive experience in redistricting, campaign finance law, voting rights issues and other election law issues. Mary represented the 2011 Arizona Independent Redistricting Commission, advising on all aspects of the redistricting process and defending the Commission in litigation in state and federal courts. Mary served as Arizona Solicitor General from 2002 to 2011 and in that capacity, she oversaw the State's campaign finance and election law work and worked on numerous constitutional challenges to Arizona state laws. She has worked on twelve cases on the merits before the United States Supreme Court. Mary earned her J.D. from Arizona State University. She also has an M.A. in History from the University of California at Santa Barbara and a B.A. in History from Arizona State University.
Justice John R Lopez, IV, Supreme Court of Arizona
IV was appointed to the Arizona Supreme Court in 2017. Prior to his appointment, he was Solicitor General for the State of Arizona in the Office of Attorney General where he handled civil lawsuits and appeals, as well as criminal appeals, including capital cases. He worked in the U.S. Attorney’s Office in Phoenix for over 12 years serving in various roles, including Executive Assistant U.S. Attorney, Chief Assistant of the Phoenix office, Chief of Financial Crimes and Public Integrity Section, and Deputy Appellate Chief. He also served for six months in Iraq as a legal advisor with the Regime Crimes Liaison Office, the Department of Justice-led group tasked with assisting the Iraqi government with the prosecution of Saddam Hussein. Before joining the U.S. Attorney’s Office, he worked in private practice with a Phoenix law firm as a civil litigator for several years. He graduated from the University of Texas in 1992, and from the Arizona State University College of Law in 1998. (10/2017)
Justice William G Montgomery, Maricopa County Attorney, Supreme Court of Arizona
- Prior to Justice William G. Montgomery’s appointment to the Arizona Supreme Court in 2019, he served as the Maricopa County Attorney beginning with a special election in 2010. Before assuming elected office, Justice Montgomery served as a Deputy County Attorney, as well as practicing civil law with a local insurance defense firm and advocacy work on behalf of victims of crime. Justice Montgomery earned a B.S. degree and received a commission as a Second Lieutenant in the Army from the United States Military Academy at West Point in 1989. He received his law degree from Arizona State University in 2001.
Justice Clint Bolick, Supreme Court of Arizona
was appointed by Governor Doug Ducey in January 2016 to serve on the Arizona Supreme Court and in 2018 was retained by the voters for a six-year term.
Prior to joining the Court, Justice Bolick litigated constitutional cases in state and federal courts from coast to coast, including the U.S. Supreme Court. Among other positions, he served as Vice President for Litigation at the Goldwater Institute and as Co-founder and Vice President for Litigation at the Institute for Justice. He has litigated in support of school choice, freedom of enterprise, private property rights, freedom of speech, and federalism, and against racial classifications and government subsidies.
Justice Bolick received his Juris Doctor degree from the University of California at Davis, where he has been recognized as a distinguished alumnus, and his Bachelor of Arts degree magna cum laude from Drew University. He serves as a research fellow with the Hoover Institution. Among other honors, he was named one of the 90 Greatest DC Lawyers in the Last 30 Years by Legal Times in 2008, received a Bradley Prize in 2006, and was recognized as one of the nation's three lawyers of the year by American Lawyer in 2002 for his successful defense of school vouchers in Zelman v. Simmons-Harris.
Justice Bolick is a prolific author of a dozen books and hundreds of articles. Among his most recent books are Immigration Wars: Forging an American Solution, co-authored with former Florida Governor Jeb Bush; and David's Hammer: The Case for an Activist Judiciary. Bolick serves as an adjunct professor of constitutional law at Arizona State University's Sandra Day O'Connor School of Law and at the University of Arizona James E. Rogers College of Law, and has served as a lecturer at Harvard University's John F. Kennedy School of Government.
David J Euchner
David Euchner is the appellate unit supervisor and resource counsel of the Pima County Public Defender’s Office, professor of practice in criminal law and criminal procedure at the University of Arizona, and the co-author of the Arizona Criminal Practice Manual published by Thomson Reuters. Dave currently and has previously served on several committees of the State Bar of Arizona and the Arizona Supreme Court tasked with rewriting court rules and jury instructions. In 2014 he was the president of Arizona Attorneys for Criminal Justice, the state affiliate of the National Association of Criminal Defense Lawyers, and he has served as chair or co-chair of AACJ’s amicus and rules committee since 2011. Dave has acted as counsel, for a party or for an amicus, in cases resulting in more than 100 published opinions, and he has participated in more than 80 oral arguments, evenly divided between the Arizona Supreme Court and Arizona Court of Appeals. He received the Outstanding Performance Award from the Arizona Public Defender Association in 2016, the Vanguard Leadership Award (now named the Larry Hammond Leadership Award) from AACJ in 2017, and the Jack Williams Appellate Achievement Award from AACJ in 2021. Dave and his wife met in the Rutgers University Marching Band, where Dave earned his BA and JD degrees, and their three teenage sons all competed in high school marching band.
Justice Kathryn Hackett King, Supreme Court of Arizona
was appointed by Governor Doug Ducey to serve on the Arizona Supreme Court in July 2021. Prior to her appointment, she served as a Partner at BurnsBarton, PLC, where she practiced primarily in the area of labor and employment law. She began her legal career as an attorney at Snell & Wilmer, L.L.P. where she practiced labor and employment law and commercial litigation. She later served as Deputy General Counsel to Governor Ducey, during which time she advised on various constitutional, statutory, and other legal requirements of the Governor's Office. Justice King graduated from Duke University with a Bachelor of Arts in Political Science. She then obtained her law degree from the University of Arizona James E. Rogers College of Law, where she served as a Note and Comment Editor for the Arizona Journal of International and Comparative Law. After law school, Justice King clerked for Arizona Supreme Court Justice Michael D. Ryan. She also previously served as a Regent on the Arizona Board of Regents and as a member of the Arizona Civil Rights Advisory Board. While in private law practice, she was selected to Southwest Super Lawyers and Southwest Rising Stars in the area of Employment & Labor.
Joseph N Roth, Osborn Maledon PA
is a partner at Osborn Maledon. His practice focuses on appeals, governmental investigations, and commercial litigation. Joe coedits the AzAPP blog, is a coauthor of the Appellate Highlights column in Arizona Attorney magazine and has presented on a wide range of topics related to appeals and investigations. Joe is a graduate of the University of Arizona and Columbia Law School. Before joining Osborn Maledon, Joe clerked for Justice Scott Bales on the Arizona Supreme Court.
Kathleen Erin Brody, Attorney, Mitchell Stein Carey Chapman PC
, the former Legal Director of the ACLU of Arizona, handles all types of criminal, regulatory, and administrative matters with the firm of Mitchell Stein Carey Chapman PC. Her practice focuses on representing and advising individuals, corporations, and public entities during government investigations, assisting companies and public entities in conducting internal investigations, representing licensed professionals in discipline proceedings, and handling complex matters where criminal law issues intersect with constitutional rights, civil liability, politics, and public relations.

Kathy has significant expertise in lawyer ethics and professional responsibility. She served on the Arizona State Bar Ethics Committee and as the editorial board co-chair for the most recent edition of the Arizona Legal Ethics Handbook. Kathy has provided advice to lawyers and judges in Arizona on ethical issues and professional obligations and has represented them when they came under investigation by the State Bar or Commission on Judicial Conduct. Kathy has also represented Arizona licensed fiduciaries in connection with audits and investigations by the Arizona Fiduciary Board.

Kathy has represented clients in connection with allegations of money laundering, consumer fraud, data breaches, and public corruption. She has considerable experience in complex compliance matters, including those involving deferred prosecution agreements and corporate monitors. She has advised companies regarding legal compliance in various areas, including anti-money laundering, other laws that apply to financial institutions, mandatory-reporter laws, and health-care regulations.

Kathy has also advised and represented public officials and public entities on various criminal and civil law issues. She is an expert on the Arizona Public Records Act, having counseled public entities on their obligations, sought public records on behalf of clients in connection with criminal and civil investigations, and litigated public records issues in Arizona courts.

Kathy is also experienced in civil and criminal appeals in state and federal courts. Kathy has advised clients with respect to potential post-conviction claims following state and federal court convictions, including conducting post-conviction investigations and legal evaluations for clients, and litigated post-conviction cases in Arizona state courts. Kathy has also authored numerous amicus curiae briefs in state and federal appellate courts, including the United States and Arizona Supreme Courts.

Kathy speaks frequently to groups and to the media on criminal and white-collar issues, civil rights, and constitutional issues. Since 2015, Kathy has been a leader in Arizona in the fight for criminal justice reform. As President of the Arizona Attorneys for Criminal Justice, she led the organization in reinvigorating its legislative and policy committee and making AACJ the go-to organization for Arizona legislators and other policy makers on criminal justice issues. She continues to press for reform on various fronts, including through ongoing constitutional litigation.

As Legal Director of the ACLU of Arizona, Kathy directed a large and busy docket of ongoing and developing constitutional litigation, including cases involving the First Amendment, the criminal justice system, and the rights of people in prisons and jails. Kathy was previously a partner at the Phoenix law firm of Osborn Maledon, where her work focused on government and internal investigations, civil and criminal appeals and post-conviction proceedings, and professional discipline.

Kathy has a B.A. in archaeological studies from Yale University. She graduated summa cum laude from the James E. Rogers College of Law at the University of Arizona, where she was elected to the Order of the Coif and served as the Case Notes Editor for the Arizona Law Review. Following her graduation from law school, Kathy served as a law clerk to Arizona Supreme Court Justice Andrew D. Hurwitz.
Eric Michael Fraser, Osborn Maledon PA
is a partner and co-chair of the appellate practice at Osborn Maledon, where his practice focuses on major civil appeals. He coauthors a monthly column in Arizona Attorney magazine covering civil appeals, coedits the azapp.com blog, and contributes to SCOTUSblog. He is a former chair of the State Bar's Appellate Practice Section. Eric received his J.D. and M.B.A. from the University of Chicago and his B.A. in Physics from Pomona College. Before joining private practice, Eric clerked for Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit.
Emily Ward
Emily Ward is an equity director/partner at Fennemore focusing on business litigation and appeals in Phoenix. She joined Fennemore in Phoenix in 2014 as an associate until 2021 when she was elected director. After graduating from the University of Arizona College of Law, Emily clerked for the Arizona Supreme Court before completing a federal district court clerkship in San Antonio, Texas. Today, Emily litigates high-stakes cases for governmental and business clients on a wide variety of practice areas including constitutional issues, contract disputes, and commercial real estate issues. She is recognized in Phoenix Business Journal 40 Under 40, Super Lawyers® in Business Litigation, Chambers USA, Best Lawyers® Ones to Watch, and was also featured in the PHOENIX Magazine as a Top Lawyer in Business Litigation.
Joshua David Rothenberg Bendor, Arizona Solicitor General's Office
Josh Bendor serves as the Solicitor General at the Arizona Attorney General’s Office. Previously, he was a partner at Osborn Maledon, where his practice included election litigation.
Casey Douglas Ball
Tracie Lindeman, Clerk of the Supreme Court

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