commonality. A court ruling on a
motion for permissive intervention
must decide as an initial matter
whether the motion is timely, which
requires a showing of justification
for failure to request intervention
sooner. Relevant factors include ( 1)
how long the intervenor knew or
should have known that the parties
no longer adequately protected its
interest, ( 2) prejudice to the existing parties from the intervenor’s
delay, including whether intervention would impact the settlement
and the intervenor’s reasons for
seeking to participate, ( 3) prejudice
to the intervenor if intervention
were not permitted, and
( 4) whether the intervention concerns interests of the public. The
claim or defense and the main
action must also have a question of
law or fact in common. A common
issue involving the propriety of a
protective order and the extent to
which it may be modified is suffi-
cient. Zenith Elec. Corp. v. Hon.
Eddward Ballinger, 1 CA-SA 08-
0282, 3/05/09.
COURT OF APPEALS JUVENILE MATTERS
A juvenile court is statutorily
required to notify the Arizona
Department of Transportation
that a juvenile has been adjudicated delinquent for violating
A.R.S. § 4-244( 33), prohibiting
all individuals under the age of
21 from driving or being in
actual physical control of a
motor vehicle while having alcohol in their system. A.R.S. § 28-
3320 requires ADOT to “
immediately suspend” a driver’s license or
privilege to drive “on receiving the
record of [the juvenile]’s conviction for violation of Sec. 4-244
( 33)” and defines conviction to
include any delinquency adjudications. However, under A.R.S. §
28-3305, a juvenile court has discretion to order that ADOT
restrict a juvenile’s driving privileges to travel between home,
school and work during specified
time periods, in lieu of suspending
their license. In re Hillary C., 2
CA-JV 2008-0121, 3/27/09.
The Indian Child Welfare Act
(ICWA) Applies to a Putative
Father Who Did Not Timely
Serve the Child’s Mother With
his Paternity Action as Required
by A.R.S. § 8-106(G) Yet
Acknowledged Paternity and
Appropriately Established That
the Child Was of Native
American Origin Before The
Final Adoption Order to invalidate the adoption of his child.
Jared P. v. Glade T., 1 CA-JV 08-
0083, 2/24/09.
COURT OF APPEALS MENTAL HEALTH
MATTERS
The Trial Court Has
Discretion to Decide Whether an
Interpreter Is Qualified. Under
A.R.S. § 12-241, in the context of
a hearing concerning court-ordered psychiatric treatment of an
individual, the individual has the
burden of showing that the interpreter selected by the court is deficient and that an unfair hearing
resulted. In Re MH 2007-001895,
1 CA-MH 08-0006, 2/10/09.
Court-Ordered Examinations
Pursuant to A.R.S. § 36-533
Must Be In-Person Physical
Exams. The statutes governing
involuntary treatment proceedings
require that at least two physicians
personally examine a patient and
conclude that he or she is disabled.
This requirement prevents professional mental health evaluators
from simply “rubber-stamping”
another’s findings. In Re MH
2008-000438, 1 CA-MH 08-0017,
2/10/09.
indicates a dissent
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more information, visit
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MAGAZINE
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June 2009
Coronado, CA Vacation Rental.
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Litigation Attorney — East
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480-289-4100.
seeking a Real Estate Attorney with
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Excellent compensation package
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Partnership type opportunity
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