The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • Paying to be an Arizona Lawyer

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    Ruth Carter

    I just paid $505 for my Arizona bar dues. That’s right, Arizona is a pay-to-play mandatory bar. I paid $505 just so I can be a lawyer for the next year. That’s about $42/month and just under $10/week just so I can work in my profession.

    Now, I’m not opposed to a mandatory bar, as we are a self-regulating industry. I am opposed to a state bar not giving their members their money’s worth. I’m definitely not getting $505 worth of value from the State Bar of Arizona, even with our member discounts. I have yet to meet a fellow Arizona lawyer who disagrees with me.

    One thing that makes me furious with the State Bar is there was no need to raise our bar dues from $460 (which was already at the high end of state bar dues). The Board of Governors approved the raise despite seeing that the State Bar was forecast to have a multi-million dollar cash surplus at our then rate.

    Benefits of the State Bar of Arizona

    Before I continue my rant, let me give credit where credit is due. There are some benefits to being a member of the State Bar of Arizona (besides getting to do my job):

    • Ethics Hotline: The State Bar has a number where you can discuss your ethical questions with a qualified lawyer. They will usually not give you a direct answer to your question (unless it is a black-and-white issue). My first year as a lawyer, my goals were to make a profit and not get disbarred. I was on a first name basis with one of the State Bar’s ethic’s lawyers because I called so much.
    • Fastcase: I don’t pay for Westlaw or Lexis. I do most of my case law research with Fastcase through the State Bar. It’s not worth $505/year, but it’s a valuable resource.
    • Arizona Attorney Daily 5: I like getting this email every weekday from Tim Eigo, the editor of Arizona Attorney magazine. It has information about newsworthy legal stories in current events, many of which that are relate to my practice areas.
    • Conference Rooms: When I started my firm, I used a mailbox at a UPS Store for my address and worked from home. When I had to meet with clients, I used the conference rooms at the State Bar in Phoenix which were free to use. They need a better scheduling system, but it’s useful to those of us who live nearby.
    • Investigate Ethics Complaints: One thing the State Bar does is investigate complaints against lawyers. If you read the Lawyer Regulation section of our magazine, you know there are some lawyers who either need help, have no business running a law practice, and/or have no business being a lawyer. Someone needs to be the watchdog over us.
    https://www.flickr.com/photos/joegoauktiatrcompetition/11654037604
    Image by
    tiatrcompetition20133 from Flickr (Creative Commons License)

    Back to Ranting

    One thing that annoys the crap of me about the State Bar is the fact that they charge for continuing education events (CLEs) at their own facilities. They don’t pay their speakers, so their costs to put on an event is close to nothing, and yet they charge $54-$149 per person. You will not see me at one of their CLEs as a speaker or a participant unless they change how they operate.

    What I’d Do Differently

    If I ran the State Bar, I’d immediately assess the budget – what’s needed and what’s not. When I asked the Bar what our dues pay for, I received a response that said our dues cover about 60% of their budget. (And don’t forget that cash surplus they’re sitting on.)

    Additionally, the State Bar should either offer their CLEs at their facilities for free or pay their speakers. With the money they’re sitting on, they could bring in some top-notch speakers who are worth every penny.

    I don’t know how the State Bar goes about getting discounts for its members, but I want better ones. They should look for ideas on the Local First Arizona directory to see if there are companies who might was to partner with the Bar – for office supplies, office furniture, document shredding, marketing services, and company shwag. Let’s keep our money supporting our community where we can. I’d also find value in discounts for airline tickets, a custom tailor, and hotels outside the Phoenix area, and because I’m concerned about lawyer safety, I’d love to see discounts for self-defense classes and bulletproof undershirts.

    (The one place a lawyer can’t take their gun is into a courthouse. If someone was targeting one of us, that would be a place where we’d most vulnerable. I don’t own a gun. I want a bulletproof undershirt because of the rates of violence against transgender persons.)

    Putting my Money Where my Mouth Is

    My rule is you can’t bitch unless you’re willing to do something about it. The minimum I can do is vote in the next Board of Governors election this spring. For any incumbents, I’ll look at how they voted on the last bar dues increase. In the candidates’ personal statements, I want to see their ideas to reduce our bar dues and/or provide greater value to the membership. I hope my fellow Arizona lawyers will do the same.

  • Peeing in Public while Non-binary

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    Ruth Carter

    https://www.flickr.com/photos/taedc/42153342040
    Photo by tedeytan from Flickr (Creative Commons License)

    So many issues related to people who are not heterosexual or cisgender come down to two issues: what to wear and where to pee. I’m non-binary. I was assigned female at birth (AFAB), but I had my birth certificate corrected last year. Where do I pee?

    I Don’t Want to Die

    My first rule for using the bathroom in public is, “Pick the bathroom where you’re least likely to get killed.” That may seem funny at first, but it’s a serious issue when you look at the incidents of violence against and murders of transgender persons.  

    Gender Neutral Bathrooms “in the Wild”

    When possible, I prefer to use a gender-neutral bathroom. When I don’t know where the bathroom is in a particular location, I’ll ask an employee, “Where’s your gender-neutral bathroom?” to see (1) how they react to the question and (2) whether they actually have one.

    At many places, the gender-neutral bathroom is also the family bathroom or bathroom for persons with disabilities. Even at the public pool, I use the family bathroom instead of a locker room to get changed.

    Sometimes, using the gender-neutral bathroom is the fastest way to use the toilet because cisgender people will automatically wait in line for other bathrooms. Last year, I attended an event at Symphony Hall. During intermission, dozens of people were waiting in line for each bathroom. I asked an usher where the gender-neutral bathroom was, and they directed me to a nearby single-user bathroom with no line.

    Whichever Bathroom has the Shortest Line

    My general rule for situations where there is no gender-neutral bathroom and there’s no safety issue is to use whichever bathroom has the shortest line, which is usually the men’s room. I can pee standing up. Ok it’s with a shewee, but still, I can do it!

    Early on after realizing I was non-binary, I reached out to a few larger venues in the Phoenix to inquire about their bathroom policies to see how accepting they were. Surprisingly, Scottsdale Fashion Square told me that I could use whichever bathroom I felt most comfortable using. The Arizona Diamondbacks said that they have few gender-neutral bathrooms and those were the ones I should use. I’ve walked laps around that stadium. If the nearest gender-neutral bathroom is off in B.F.E. compare to my seat, I’m using the closest bathroom.

    Gendered Bathrooms – But Go Wherever

    There are public bathrooms, like the ones in Target, that are labeled for a single gender – men or women – but that have a policy that allows people to use whichever bathroom they want. The one time I needed to use the bathroom and I was set on using the men’s room, it was closed for cleaning.

    When a company has a policy like this, I wonder why they don’t just say, “These are bathrooms. Use whichever one you want.”

    All-Gender Bathrooms

    I’m a fan of the water closet model for public bathrooms. Each stall has floor-to-ceiling walls and doors so you can’t see anything that’s going on in the stall next to you. You get as much privacy as one can get in a public bathroom.

    Last week I attended the mastermind event, Shankminds Live, in Las Vegas. The venue had one gender-neutral bathroom with five water closet stalls. At first a few people seemed a little weirded out by being in a bathroom with people of another gender, but after a few moments, they realized it was a non-issue. When I asked my fellow Shankminders about the bathroom after the event, several people (men and women) responded that gender neutral bathrooms should be the norm everywhere.

    One thing I will note about the bathroom at Shankminds is there were no urinals. From what I’ve heard from guy friends, some penis-havers like urinals – really like them. They like them so much, they wish they had one in their home.

    I respect that some people would be sad if switching to all gender-neutral bathrooms meant losing the chance to pee at a urinal, but that doesn’t have to be the case. I know of at least one all-gender bathroom at a club called The Mint where there is a urinal area where people can pee standing up where they won’t be seen by the water closet users.

    Remember: You all have gender-neutral bathrooms in your home. Sharing a toilet with another gender hasn’t killed any of us yet. It’s only an issue if you make it one.

  • LGBTQ Bills Introduced in Arizona

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    Ruth Carter

    https://www.flickr.com/photos/stockcatalog/41842139504
    Rainbow Flag by Stock Catalog

    I did a quick search on the proposed bill for this session in the Arizona legislature and saw that there are at least five bills that are related to LGBTQ rights. I am hopeful that we’ll see progress this year.

    HB2289: Non-binary Driver’s Licenses

    This bill is my baby. This bill will allow the MVD to issue non-binary driver’s licenses and identification cards. All you would nee to do to prove your gender is to submit an affidavit that says you are non-binary.

    This bill has the same verbiage as last year’s bill that died in committee. I was ecstatic to see that this bill has 16 sponsors, but then I saw that it was similar to the number of sponsors it had last year. They are all Democrats, but I believe some Republicans will be willing to support this bill, if for no other reason, because so many other states offer non-binary birth certificates and driver’s licenses. We’re going to have people who move here who only present non-binary documents. If the State refuses to issue non-binary driver’s licenses to these people, they’re asking for a lawsuit.

    HB2156: LGBTQ Equality in Employment

    It’s almost shocking that this isn’t a law yet. This bill will prohibit employers from discriminating against employees based on gender, gender identity, gender expression, sexual orientation, or marital status.

    My first job in Arizona was for the Maricopa County Department of Public Health. At orientation, the presenter went on and on about how they wanted everyone to feel comfortable working for the county and we should report any issues. I flipped to the back of the employee handbook to read the County’s non-discrimination policy. My heart sank when I saw that it didn’t include sexual orientation. This bill will prevent others from having the same experience and provide recourse against bigoted employers.

    SB1047: Conversion Therapy Ban

    If only one of these bills becomes a law, I bet it will be this bill that will make conversion therapy illegal for anyone under 18 years old. Conversion therapy for minors is already banned in 15 states and Washington D.C. Arizona, and every state, should be on this list. This bill also has support from both Democrats and Republicans.

    HB2290: Death Certificates

    This will require death certificates issued in Arizona to reflect the decedent’s gender identity. The murder rate in the transgender community is alarming, and there are issues with the police and the press mis-gendering victims as well as using the person’s “dead” name. This bill will require the state to acknowledge the person’s correct gender if it has been changed on a legal document. If the deceased has multiple documents with different genders, the gender on the most recently issued one will be used.

    Not every transgender person has their gender or name legally changed, so this bill may not help them, but it will help those who have gone through the process. In Arizona, if you are female-to-male or male-to-female transgender, you can legally change your gender on your driver’s license and social security record.

    HB2381: Crime Statistics

    The Department of Public Safety collects information about whether prejudice played a role in a crime. Currently it collects data about prejudice based on race, color, religion, national origin, sexual orientation, gender, and disability. This bill will add gender identity and gender expression to this list. Hopefully this will lead to more complete statistics.

    It’s encouraging to see Arizona lawmakers being so progressive. This is only the beginning of the legislative process. Each bill will have to get through committee and then receive a simple majority vote in the Arizona House (31 votes) and Senate (16 votes) before it will go to the Governor’s desk for a signature.