Arizona, June, 2002, State Case law

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State Courts - Arizona - June 25 - June 26, 2002

Ariz. Dep't of Econ. Sec. v. Bernini, 2 CA-SA 2002-0040, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 25, 2002, Filed
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Overview: Trial judge erred when it applied Indian Child Welfare Act and required department of economic security to establish by clear and convincing evidence, not preponderance, that continued removal of child from custody of parents was necessary.

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Lake Havasu City v. Ariz. Dep't of Health Servs., 1 CA-CV 01-0545, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 25, 2002, Filed
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Overview: A city was required to obtain a child care license to operate its day care programs because a municipal corporation was not exempt from the licensing requirements governing the operation of such programs.

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Webb v. State ex rel. Ariz. Bd. of Med. Exam'rs, 1 CA-CV 01-0010, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, June 25, 2002, Filed
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Overview: Where complaint was filed against doctor for failing to take proper diagnostic measures when treating patient for condition later diagnosed as cancer, and board of medical examiners censured him, board failed to provide doctor with due process.

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In re Lamb, Supreme Court No. SB-02-0098-D, SUPREME COURT OF ARIZONA, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: An attorney was censured and placed on probation for negligence in dealing with client property and causing potential injury to his clients, and for failure to furnish information and cooperate with an investigation of the Arizona State Bar.

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In re Zarkou, Arizona Supreme Court No. SB-02-0059-D, SUPREME COURT OF ARIZONA, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: Where attorney mishandled client funds, failed to maintain and submit proper trust account records, and failed to comply with discovery rules, disciplinary commission ordered attorney be suspended for 30 days and placed on probation for one year.

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