Kathi M. Sandweiss
Fighting for a child's legacy, and making new
law. When a child's biological father died, the decedent's
parents claimed to be the only heirs because the child had been
adopted by his mother's husband. Kathi represented the child in an
appeal, resulting in the published decision Matter of Estate of
Ryan, 187 Ariz. 311, 928 P.2d 735 (App. 1996), and the
determination that the adopted child retained inheritance rights
from both biological parents.
Winning Supreme Court backing. The Arizona
Supreme Court adopted Kathi's position in a brief she'd written on
behalf of her client, in an amicus brief filed in an appeal. In Mid
Kansas Federal Sav. and Loan Ass'n of Wichita v. Dynamic
Development Corp., 167 Ariz. 122, 804 P.2d 1310 (1991), the court
found that the principles of merger and extinguishment did not
apply and did not preclude a construction lender, which had
acquired title to property at trustee's sale, from bringing a
deficiency action against a developer for the balance due on a
Defining and Analyzing Complex Community Property
Law. A creditor garnished a couples' community property
bank account to satisfy an out-of-state judgment against the
husband, based upon a personal guaranty signed only by the husband.
Kathi represented the couple on appeal, resulting in the published
decision Rackmaster v. Maderia, 193 P.3d 314 (App. 2008). The Court
concluded that Arizona law bars collection of the guaranteed debt
from the community's property, and protects the rights of a spouse
who has not signed a personal guaranty.
Get To Know Kathi In Her Own Words
"I analyze my clients' trial court records with an unbiased,
objective eye. Then I assist them in determining the validity and
cost-effectiveness of an appeal, and ultimately provide them with
meticulously researched, well-reasoned legal arguments written by
an attorney with 20 years experience writing appellate briefs."
"I love the challenge and the puzzle posed by an intricate
statutory interpretation, an apparently conflicting series of
cases, or a complex procedural dilemma."
- Lead attorney in Jaburg Wilk's Appellate Law Department.
- Filed more than 100 appellate briefs and petitions for review
in the Arizona Court of Appeals, the Arizona Supreme Court, the
Bankruptcy Appellate Panel, the Ninth Circuit Court of Appeals, and
the U.S. Supreme Court.
- Unique experience and practice in Bankruptcy appeals
- Extensive experience in commercial litigation
- Prior to beginning her legal career, Kathi worked as an on-air
radio and television news reporter, winning a 1982 Rocky Mountain
Emmy for the series "The Phoenix Epidemic."
Professional and Civic Service
- Maricopa County Superior Court, Former Judge Pro Tem
- Arizona State Bar Appellate Practice Section, Past Chair
- Lecturer on a variety of appellate practice issues, including
participation in annual Arizona State Bar seminar, "Bankruptcy
Ambushes Lurking in the Legal Jungle."
- Organized and moderated 2001 Arizona State Bar convention
seminar, "Don't Lose Your Appeal: Traps for the Unwary."
- Faculty member, Arizona Appellate Practice Institute.
- Also lectured on Uniform Commercial Code-Sales, attorney
conflicts and disqualification, inheritance rights of adoptive
children, the Arizona homestead statute, and more.
- Published articles include "Adoptive Child's Right to Inherit,"
Arizona Attorney, March 1997; "Preserving the Family Farm in an
Urban Age: Recent Changes to the Arizona Judgment Lien and
Homestead Statutes," Arizona Attorney, September 1997 and "Foreign Judgments and Community Property,"
Arizona Attorney, November 2009.
- Temple Chai, Healing Committee
- Master of the Bench, Former Horace Rumpole American Inn of
- Girls on the Run, Previously Volunteered as a Running
- Hospice of the Valley, Former Volunteer
- Wills for Heroes Foundation, Volunteer
J.D., Arizona State University School of Law, 1986
B.A., University of California Los Angeles, 1977
U.S. District Court, District of Arizona
U.S. Court of Appeals, Ninth Circuit
United States Supreme Court
"In this litigious environment it is imperative that
organizations have proper legal guidance. Kathi Sandweiss at Jaburg
& Wilk has done an incredible job of representing both myself
personally and our organization for over 20 years. She has handled
simple to exceedingly complex cases. Her creative approaches,
attention to detail, and ability to deliver high quality service in
a timely manner have proven invaluable for my company. It has been
my privilege to work with Kathi, and I can highly recommend her
work!" - Mark I. Levy, D.C., President, Emergency
Kathi Sandweiss is rated AV Preeminent from
3200 North Central Avenue . Phoenix