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How Public Is a Registry Substantiation?
While we have previously discussed the extent of publicity in a family court proceeding, it is important to note that registry cases are an entirely different area of law. Consequently, different rules apply to the findings, processes, and disclosure obligations, including the rules governing publication of registry findings and records from the administrative proceedings. A […]
Understanding the APS Registry System: What is Exploitation?
Neglect or physical abuse are likely the first things that come to mind when an ordinary person hears about Adult Protective Services; however, Adult Protective Services (also known as “APS”) – which is the Arizona agency responsible for investigating exploitation of vulnerable adults – reviews thousands of claims of “exploitation of resources” every year. Other […]
Understanding the Adult Protective Services Registry System
In Arizona, a vulnerable adult is statutorily defined through A.R.S. § 46-451(A)(10), which states that: “…an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment” [1]. As should be evident from the legal definition, […]
To Appeal or Not to Appeal
Advising a client after a trial ruling can feel like trying to close a barn door after the horse has bolted. Clients frequently come to me disappointed with a court ruling and wanting to know how they can get their case revisited by a higher court. As an appeals attorney in Arizona, my job often […]
Knapp: How Private Attorneys Can Help Public Defenders
You just have to watch a few Law and Order: SVU episodes to know the that when someone is arrested, they are read Miranda warnings. While the 100 words in Miranda are all valuable, “the right to an attorney” and that, “if you cannot afford one, one will be provided to you” is of particular […]
Adoption, Visitation, and Undoing Sheets v. Mead
When construing a statue, judges can be quick to shift responsibility to the legislative branch. Many litigators have heard from the bench that their argument is with the Legislature, not the Court. This oft-heard statement exemplifies the legal fiction that the Legislature is aware of how our appellate courts construe their statutes and will make […]
A Position of Trust II: Teachers Facing Prosecution for Failure to Report Child Abuse
When mandatory reporters fail to report suspected child abuse, they are complicit in letting the abuse continue. Educators, in particular, have such a unique and consistent level of interaction with children that makes them a reliable source of child abuse/neglect reports. Due to this, nearly all states, including Arizona, lists teachers as mandated reporters. But when […]
Buzzfeed News Consults Woodnick Law Attorney
On April 27, 2022, Buzzfeed News published an article on child abuse registries and how they disproportionately affect people of color. While researching for his article, Buzzfeed reporter Scott Pham consulted with numerous attorneys, including Woodnick Law’s own Markus Risinger. Of note, Scott Pham did a thorough analysis after collecting data about central registries, which […]