The Advocate February 2022

Advocate

The

February 2022

Newsletter of the Baltimore County Bar Association

VOLUME XXXI, NO. 7

“Where you see wrong or inequality or injustice, speak out, because this is your country.

This is your democracy.

Make it. Protect it.

Pass it on.”

- Justice Thurgood Marshall

Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Law Firm Albers & Associates

Title Sponsor - Corporate Growth Solutions Team

Signature Sponsors - Corporate

Partner Sponsor - Corporate

CRC Salomon Minnesota Lawyers Mutual Multi-Specialty HealthCare Nota by M&T Vallit Advisors February 2022

Sandy Spring Bank

Supporters - Corporate AbacusNext Health Quest

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The President’s Message Later this year, on Law Day, which we will celebrate on Monday, May 2, 2022, we will welcome The Honorable Erek L. Barron to speak at our noon ceremony. Erek Barron is Maryland’s first Black United States Attorney for the District of Maryland. He previously served in the Maryland House of Delegates promoting, among other legislation, the Justice Reinvestment Act to repeal mandatory minimum sentencing laws. His remarks should not be missed, nor we, hope, a beautiful May 2 noon ceremony in Patriot Plaza, outside the Circuit Court for Baltimore County.

This month, as we look forward to our Centennial BCBA Black Tie Bar Banquet (the “Prom”) on Tuesday, May 17, 2022, we celebrate Black History Month as a local and national community. Black History Month honors the achievements of Black Americans and other people of African descent throughout our history. I believe President Gerald Ford said it best when he officially recognized Black History Month in 1976, calling upon the public to “seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor through our history.” www.history.com This year’s theme promotes health and wellness, exploring not only Black scholars and doctors in western medicine, but also nurses, doulas, herbalists and spiritualists, to name a few.

Later this month, we hope you will be able to participate in our virtual presentations co-sponsored by our Historical Committee and our Diversity and Inclusion Committee.

To be sure, May is scheduled to be a very busy month for the BCBA, and we hope you will be able to enjoy all that we have to offer from the Law Day breakfast, at which we are delighted to hear from the Honorable Matthew J. Fader, Chief Judge of the Maryland Court of Special Appeals, to the noon ceremony with the Honorable Erek Barron, and then the Prom on May 17. We cannot forget our golf outing, this year at Woodholme Country Club, and a family fun day/Bull Oyster Roast in early June. So, strap in for a strong end to an amazing bar year of centennial celebrations and keepsakes.

COVID-19 presented a challenge for us on January 27, the original date for the Prom, but we are cautiously optimistic that the worst of it will soon be behind us. Please continue to look out for our event and program flyers and updates.

Stay well and safe!

- Stanford G. Gann, Jr. Your 103rd President of the Baltimore County Bar Association

Calendar of Events Please go to www.bcba.org and click on Calendar for an up-to-date listing of programs, events, and to register for all programs and events.

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February 2022

2021-22 Officers

President President-Elect Secretary Treasurer

Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas

Executive Council Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio Jay D. Miller, Immediate Past President Adam E. Konstas, Young Lawyers Chair

Inside This Edition

Rachel M. Ruocco, Executive Director

The Advocate Tracee Orlove Fruman Committee Chair Tommy Tompsett Committee Vice-Chair Jill Blum Graphic Designer

Contributing Writers Michael S. Barranco Jon S. Cardin Carl Gold Michael Jacko Wendy Meadows Matt Paavola Ceecee Paizs Raphael Santini Ralph Sapia Erika C. Surock Andrew Will Virginia Yeoman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law.

Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.

The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Ask the Trial Doctor.............................................................. 30 BCBA Spotlight District Court Judge Zellweger........................................... 22 Member News.................................................................... 26 Retirement of Diana Beese................................................ 20 Sponsor: Multi-Specialty HealthCare................................ 24 Civil Law Update..................................................................... 8 Committee Reports Bench Bar Committee: January 2022................................ 14 Continuing Legal Education: Grammar Event.................. 15 Diversity and Inclusion: What Diversity Means to Me...... 16 Family Law Committee: DSS Records Event.................... 18 Professionalism Committee: Candor vs. Confidence......... 13 Lawyer Assistance Program..................................................... 6 On the Cover: Thurgood Marshall.......................................... 5 The Legislator’s Perspective: Indecent Exposure................... 10 United States Attorney for the District of Maryland............... 7 Wellness with Wendy.............................................................. 28

Publication deadline: 20th of the month preceding publication.

February 2022

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Court Notices February District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR

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JUDGES: KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, KMT-Kimberly M. Thomas, LR- Leo Ryan, MLR-Marsha L. Russell, KJR-Krystin J. Richardson, SCZ-Susan C. Zellweger, DJW-Dorothy J. Wilson, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps *VJ Indicates Visiting Judge to be assigned Judges’ assignments are subject to change without further notice

2022 Membership Dues Invoices

Centennial Memory Book

Invoices for the 2022 calendar year were first sent in November and again in January via email and USPS. If you have not received your invoice, please contact Amber Gaines at againes@bcba.org.

Have you picked up your FREE copy of the BCBA Centennial Memory Book?

Stop by the bar office to pick yours up!

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February 2022

On the Cover Justice Thurgood Marshall I can think of no better individual to grace our cover this month’s Advocate than Supreme Court Justice Thurgood Marshall. Born in Baltimore on July 2, 1908, Justice Marshall was a descendant of enslaved people on both sides of his family. He attended Frederick Douglass High School and then continued his education at Lincoln University in Pennsylvania. Justice Marshall wanted to attend law school at the University of Maryland School of Law, but because of the school’s segregation policy at that time, he instead attended Howard University School of Law, where he graduated first in his class in 1933. He began his legal career in private practice and began his 25-year affiliation with the NAACP, becoming part of its national staff in 1936. Among his many successful cases before the United States Supreme Court, 29 out of 32 to be precise, Justice Marshall is best known as the advocate who succeeded in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). This landmark case rejected “separate but equal” public education after finding that separate could never be truly equal.

The path to Brown began here in Baltimore County, and specifically, in our Circuit Court. In 1935, Baltimore County maintained segregated schools, and did not provide schools for African American students past the seventh grade.

Rather, the County would pay for African American high school students to be taught in Baltimore City. Justice Marshall brought suit, in Baltimore County Circuit Court, on behalf of two African American students who were denied admittance to Catonsville High School due to their race.

While the Court of Appeals affirmed the practice in Williams v. Zimmerman, 172 Md. 563 (1937), the case marks the first suit brought by Justice Marshall to compel desegregation of a public school.

In 1961, President John F. Kennedy appointed Justice Marshall to the United States Court of Appeals for the Second Circuit. Notably, he was a recess appointment after a group of southern senators held up his confirmation. Then, in 1967, President Lyndon B. Johnson nominated Justice Marshall to the United States Supreme Court. He was the Court’s first African American justice, and he remained on the Court for 24 years. He retired from the Court in 1991, less than two years before his death on January 24, 1993.

The vacancy created by Justice Marshall’s retirement was filled by Justice Clarence Thomas, who was nominated by President George H.W. Bush.

During a speech he gave on the occasion of the bicentennial celebrations of the United States Constitution, Justice Marshall said, what “. . . the government [the Founding Fathers] devised was defective from the start, requiring several amendments, a civil war and major social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today.” It is, therefore, fitting that on January 27, 2022, the 28th Amendment to the Constitution, also known as the Equal Rights Amendment, was finally ratified and is now the law of the land, albeit long overdue.

Centennial Black Tie Banquet Rescheduled to May 17 The Black Tie Banquet of the BCBA has been rescheduled from January 27, 2022 to Tuesday, May 17, 2022 Updated ticket and table information can be found HERE. Please remember, the Black Tie Banquet is an attorney-only event. The Black Tie Banquet is also a vaccine-required event. Once you have purchased your ticket, please CLICK HERE to certify your vaccination status.

February 2022

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Stuart Axilbund Mary Chalawsky Marissa Joelson William Kerr Richard Lynas Jay Miller Gary Miles

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saxilbund@axulbund.com chalawsky@gmail.com MJoelson@lawpga.com wlawkerr@verizon.net lynas.richard@yahoo.com JMiller@lawpga.com gary@lawhjm.com

Jose Molina Sam Moxley Joseph Murtha Karen Pilarski Bill Saltysiak Thomas Tompsett, Jr.

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jamolinalaw@gmail.com smoxley@baltimorecountymd.gov jmurtha@mpllawyers.com karenapilarski@gmail.com wsaltysiak@gmail.com tommy.tompsett@mdlobbyist.com

February 2022

The First Black United States Attorney for the District of Maryland own law practice, Barron and Associates, LLC, where he was the Principal until 2012. Mr. Barron then joined Whiteford Taylor and Preston, where he worked from 2012 until 2021; he obtained the status of partner with this venerable firm.

Simultaneous to the above and beginning in 2015 and until his most recent appointment as United States Attorney, Mr. Barron was a member of the Maryland House of Delegates representing District 24, Prince George’s County. While in the legislature, he served as a member of the Maryland Justice Reinvestment Coordinating Council. Furthermore, Mr. Barron introduced legislation addressing opioid abuse, treatment, and services.

Mr. Barron remains an active member of the Maryland State Bar Association, and has held many positions, most recently, president-elect. Additionally, Mr. Barron served as president of the J. Franklyn Bourne Bar Association.

Honorable Erek L. Barron During Black History Month, it is only fitting and proper that the Diversity and Inclusion Committee of the Baltimore County Bar Association acknowledge and inform the Baltimore County Bar of the accomplishments of United States Attorney for the District of Maryland, Erek L. Barron, Esquire, the first Black person to hold this position in Maryland.

Born in Washington, D.C., in 1974, Mr. Barron attended the Episcopal High School in Virginia. Mr. Barron then earned a Bachelor of Arts from the University of Maryland at College Park in 1996. Immediately following college, Mr. Barron earned his Juris Doctor from George Washington University Law School in 1999, followed by a Master of Laws from Georgetown University in 2007.

After law school, between 2001 and 2006, Mr. Barron worked as an Assistant State’s Attorney for Prince George’s County and then Baltimore City. Mr. Barron then served as an Assistant United States Attorney for the Department of Justice from 2006 - 2007. In 2009, Mr. Barron opened his

February 2022

On October 7, 2021, Chief United States District Judge James K. Bredar swore in Mr. Baron as the 49th United States Attorney for the District of Maryland. As the chief federal law enforcement officer for the District of Maryland, Mr. Baron supervises over 90 Assistant United States Attorneys who oversee cases involving gang violence, organized crime, narcotics trafficking, and civil rights violations.

In a recent interview with WBAL, Mr. Baron pledged to address crime across the State of Maryland. He will continue the Safe Neighborhoods program in order to fight crime in Baltimore City. In addition, his office will take on more gun cases and seek incarceration for repeat violent offenders. As the United States Attorney for the District of Maryland, Mr. Barron has the full resources of the United States Government at his disposal.

With a sense of optimism and hope for a more diverse and inclusive society, the Diversity and Inclusion Committee of Baltimore County congratulates the Honorable Erek L. Barron, United States Attorney for the District of Maryland on his appointment.

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– Raphael Santini, Esq..

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Civil Law Update Review of the Amicus Curiarum for December 2021 and January 2022 revealed the following civil cases of interest: THE COURT OF APPEALS: Breona C. v. Rodney D., No. 299, September Term 2021, Filed November 17, 2021. Opinion by Fader, CJ. In December 2019, the trial court modified the parties’ custody arrangement under which Father was granted primary physical custody and Mother was awarded parenting time of alternating weekends. In August 2020, Mother failed to return the child after her weekend and Father filed a petition for Contempt. Mother then obtained a temporary protective order but was denied a final protective order on August 24, 2020. She failed to return the child and Father filed an emergency motion for custody which the court granted on August 28, 2020. Mother then returned the child and was in compliance with the custody order through the March 2021 hearing. The court held a hearing on March 31, 2021, after which the court granted Father’s petition, held Mother in contempt. The written contempt order did not identify a sanction but provided that Mother “may purge this contempt by strictly following and complying with the ongoing December 18, 2019, Custody Order.” Father appealed.

The Court of Special Appeals reversed, holding that an order holding a person in constructive civil contempt must (1) impose a sanction; (2) include a purge provision that gives the contemnor the opportunity to avoid the sanction by taking a definite, specific action of which the contemnor is reasonably capable; and (3) be designed to coerce the contemnor’s future compliance with a valid legal requirement rather than to punish the contemnor for past, completed conduct. In this case, the order lacked a valid sanction, it lacked a valid purge provision because complying with the already existing order did not permit Mother to void a defined sanction by engaging in specific conduct, and the order punished for past noncompliance, which is the function of criminal contempt, rather than compelling future compliance which is the function of a civil contempt.

Anthony Fludd v. Donielle Kirkwood, No 1297, September Term 2020, filed December 16, 2021. Opinion by Leahy, Andrea, Judge Father and Mother were the natural parents of a child when in January 2012, Mother filed a complaint of custody, claiming abuse by Father. The parties entered into a consent order on June 19, 2012 under which Mother had primary physical custody and the parties shared legal custody. Just three days later Father filed a motion to modify, and thus began a long history of court filings that ultimately the court 8

Ceecee Paizs found to be abusive. During this time frame the parties had a second child. Finally in December 2015 the court entered a final custody order awarding Ms. Kirkwood sole legal and physical custody of the parties’ two children. In September 2016, Mother filed a motion for child support and other financial relief, which was not ruled on. In September 2019, Father filed a motion to modify custody and visitation, which was denied. After this hearing, Mother filed a motion requesting a hearing on the still pending motion for child support. At that time, the circuit court was informed that Mother and the children had moved to Texas some month earlier and Father had moved to DC several years earlier.

On September 1, 202, the court held a hearing on the issue of the court’s continuing jurisdiction over the case. While the court determined it no longer had jurisdiction over the custody issues, it retained jurisdiction over the child support issues. Finding personal jurisdiction over Father on the matter of child support and related attorneys’ fees and costs under Maryland’s long arm statute, the court entered an order requiring Father to pay $2,101 per month in child support; pay one calendar year of arrears and pay Mother $8,000 in attorney’s fees.

The Court of Special Appeals affirmed, holding: 1. That while the defense of laches is generally not applicable to a child support claim, it stopped short of holding that laches may never be applied. Child support is awarded for the benefit of children and children have an “’indefeasible right’ to have their best interests fully

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February 2022

considered.” Kaplan v. Kaplan, 248 Ms. App., 358, 387-88 (2020). When determining the appropriateness of applying laches to a child support action, courts must consider the best interest of the child and the parents’ continuing duty to support and care for the child.

2. That the trial court was not barred by the defense of laches from awarding child support and attorneys’ fees. Any delay in bringing and adjudicating the underlying support action could not relieve Father of his continuing statutory duty to support his minor children.

3. Because Father’s continuing obligation to support his children, and that obligation arose under the laws of the State of Maryland and therefore the circuit court had continuing jurisdiction over Father in the child support case.

4. The trial court need only find one basis among the seven listed under the UIFSA long arm statute in order to exercise jurisdiction over a nonresident defendant.

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5. In addition, Father had invoked the jurisdiction under two prongs of the UIFSA long arm statute when he filed a responsive pleading, entered a general appearance and affirmatively requested relief, and when Father’s testimony established that the children were conceived in Maryland and that exercise of jurisdiction under this prong would not offend due process.

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– Ceecee Paizs, Esq. Your ad could be here! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103

Nominations Sought for Law Day and Judith P. Ritchey Awards The Law Day Committee is seeking nominations for the Law Day Award and the Judith P. Ritchey Achievement Award.

Don’t forget to update your information on our website!

Click here to access or go to www.bcba.org

February 2022

Click here for the award qualifications and history.

All nominations should be emailed to Law Day Committee Chair, Nicole Rush at ner@youngandvalkenet.com

by February 25.

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The Legislator’s Perspective Indecent Exposure person’s genitalia are exposed.”

Maryland Coalition Against Sexual Assault testified in favor of the legislation. The Maryland States Attorney Association also supported the legislation suggesting that the act of public masturbation is contemptible and no one should be able to escape prosecution simply because their despicable act was performed without exposure of their genitalia.

However, the final witness was the most persuasive, and the unique circumstances demonstrated how legislation is often made not to solve problems but rather to create stability.

Delegate Jon Cardin What comes to mind when you think about the charge of indecent exposure? Nudity? Pants falling down? Exposing oneself to strangers? While all the aforementioned may meet the elements, indecent exposure is much more as of October 1, 2021.

In Maryland, indecent exposure is a common law offense subject to a statutory penalty. Under the English common law, indecent exposure is the willful and intentional exposure of the private parts of one’s body in a public place in the presence of an assembly. The main elements of the offense are the willful exposure, the public place in which it is performed, and the presence of persons who saw it. Now, with the definitional addition, it does not necessarily require exposure at all but rather the act of masturbation in public, perhaps performed from underneath clothing. A person convicted of indecent exposure is guilty of a misdemeanor and is subject to imprisonment not exceeding three years and/or a fine not exceeding $1,000 or both.

Last March, a one-line bill, Senate Bill 270, unanimously passed from the Senate and found itself before the House Judiciary Committee where I sit. Powerful witness testimony accomanpanied the bill to the House and persuaded my chamber to pass the bill as well. By codifying that one line, Criminal Law Section 11–107 of the Maryland Annotated Code now reads, “‘Indecent Exposure’ includes engaging in an act of masturbation in public, whether or not the 10

The Metro Transit Police Department (MTPD) is a trijurisdictional police force created under the Washington Metropolitan Area Transit Authority (WMATA) Compact.

The MTPD has full police powers for all facilities owned, controlled, or operated by WMATA in the State of Maryland, the Commonwealth of Virginia, and the District of Columbia. The MTPD enforces the laws of the jurisdictions wherever its officers serve, and occasionally, they find a situation where a difference in the criminal laws of the three jurisdictions changes MTPD’s ability to arrest an individual for the same conduct that is criminal in the other two jurisdictions. In short, the change in law aims to make Maryland criminal law similar to the laws in the District of Columbia and Virginia regarding indecent exposure. WMATA testified that it wants its passengers to feel assured that lewd acts will constitute a crime for which MTPD can act.

MTPD included an article from the Washington Post which provided additional background and detailed an account of a rider who was traumatized by public masturbation while riding the Red Line between Silver Spring and Glenmont.

Washington Post columnist, Kery Murkami, in her 2019 article, Metro police inform another woman that men masturbating on the Metro is legal, noted, “Maryland is the only area Metro trains run through that requires genitals to be visible for it to be considered indecent exposure.

D.C. and Virginia laws prohibiting public masturbation or simulated masturbation do not require visible genitals.” For that reason, it was the idea of creating cross-jurisdictional consistency that outweighed the concerns of police overreach and facilitation of discrimination.

As demonstrated by the lengthy discussion in advance of my committee’s nearly unanimous vote, this change in the law is meaningful yet presents many unanswered concerns.

First, one can now be charged and convicted of indecent exposure with every part of his or her body fully covered by clothes during the incident. Second, a high degree of

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February 2022

untested subjectivity exists regarding how the police will use this newly defined law. Stated another way, the police officer will decide if the action observed, or described by a witness, qualifies as masturbation. Furthermore, cultural variations and innocent actions are subjective and situationally dependent and thus may be misinterpreted as masturbation. For example, hip-hop dance, emotional prayer, and meditation all have physical movements that could be misconstrued as masturbation. Similarly, one could perform a lewd act that, while perverse, is not masturbation under the modified definition of indecent exposure. Finally, there will undoubtedly be a racial and gender impact as this

gives police more power, and in these tumultuous times, there will be accusations (right or wrong) about using this charge to impact communities of color and/or men without legitimate grounds.

So while the aforementioned woman on the Red Line may feel safer now, knowing that laws are more consistent regardless of where her train is traveling, we should be wary that alleged masturbation can now be used as a sword to arrest and to prosecute, and we should track any concerning unintended consequences for future discussions.

– Delegate Jon S. Cardin 11th District

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Stated Meeting of the BCBA | Thursday, February 17 | 4:30pm J. Earle Plumhoff Professionalism Award will be presented to Stephen J. Nolan

Hybrid - Ceremonial Courtroom 5 and Zoom Register HERE for Zoom link

February 2022

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Leaders in Dispute Resolution Retired Judges and Lawyers Serving as Neutrals in Maryland, DC, Virginia and beyond since 1995.

Hon. Sally D. Adkins (Ret.) Retired Judge, Court of Appeals of Maryland

Hon. Toni E. Clarke (Ret.) Retired Judge, Prince George’s County Circuit Court

Morton A. Faller, Esq. Past President, Bankruptcy Bar Assoc. for the District of Maryland

Hon. Eric M. Johnson (Ret.) Retired Judge, Montgomery County Circuit Court

Hon. Daniel M. Long (Ret.) Retired Judge, Somerset County Circuit Court

Hon. Thomas G. Ross (Ret.) Retired Judge, Queen Anne’s County Circuit Court

Hon. Nelson W. Rupp, Jr. (Ret.) Retired Judge, Montgomery County Circuit Court

Hon. J. Frederick Sharer (Ret.) Retired Judge, Court of Special Appeals of Maryland

Hon. William G. Simmons (Ret.) Retired Judge, Montgomery County District Court

Hon. Ann N. Sundt (Ret.) Retired Judge, Montgomery County Circuit Court

Kenneth L. Thompson, Esq. Fellow, American College of Trial Lawyers

Hon. John H. Tisdale (Ret.) Retired Judge, Frederick County Circuit Court

Daniel E. Toomey, Esq. Construction, Surety and General Commercial Neutral

Hon. Martin P. Welch (Ret.) Retired Chief Judge, Baltimore City Circuit Court

Hon. Alexander Williams, Jr. (Ret.) Retired Judge, United States District Court

Hon. Patrick L. Woodward (Ret.) Retired Chief Judge, Court of Special Appeals of Maryland

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Hon. Alexander Wright, Jr. (Ret.) Retired Judge, Court of Special Appeals of Maryland

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February 2022

Committee Reports Professionalism Committee: Candor Versus Confidence It happens more often than I wish were the case: the court asks me a question about my client, the answer to which I know in confidence and is clearly adverse to my client’s interest. As a criminal defense attorney, this occurs most frequently to me at sentencing, when the fact of any prior conviction weighs against the defendant.1 Presumably, many of my colleagues in civil practice face parallel issues, and will hopefully be able to glean something from the discussion that follows that is applicable to their practice, as well.

On a related topic, Rule 8.4(c) labels it professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”

It is up to the prosecution to inform the court of a defendant’s criminal history, and they have greater and generally more reliable resources to do so than does the defense. However, it is not unusual in the preparation of a case that a client reveals some prior conviction that, for whatever reason, is unknown to the State. In such circumstances, counsel often has competing obligations to maintain candor to the tribunal (Rule 3.3), avoid deceit (Rule 8.4), protect confidential information (Rule 1.6), and diligently represent the client (Rule 1.3).

In other cases, counsel might know with certainty that their client has a prior conviction about which the State fails to inform the court. If the court directly asks counsel whether their client has some additional conviction not listed by the State, counsel’s best option is to respectfully decline to answer. Of course, doing so will likely lead the court to make a negative inference, prompt the prosecution to uncover the missing conviction, or both. However, the alternative paths are even less desirable. To honestly and directly answer the court’s question would be to breach the duty of confidentiality in a way that is directly adverse to the client’s interest, thus violating Rules 1.6 and 1.3, respectively.

Some lawyers may, therefore, attempt to craft a response that, while technically true, leaves the misleading impression that the State’s summary is correct. If such a response is possible (e.g., “That is the record that the State provided me as well”), it may avoid a violation of Rule 3.3. However, it still runs the risk of violating the prohibition on engaging in deceit (see Rule 8.4), which encompasses broader conduct than simply making false statements. For this reason, the only ethically safe course of action is for counsel to decline to respond to the court’s question. Hopefully, it would be a rare judge that would hold such a refusal against counsel or client.

Rule 3.3 provides, in part: (a) An attorney shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the attorney; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the attorney to be directly adverse to the position of the client and not disclosed by an opposing attorney; or (4) offer evidence that the attorney knows to be false. If an attorney has offered material evidence and comes to know of its falsity, the attorney shall take reasonable remedial measures. (b) The duties stated in section (a) of this Rule continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 19-301.6 (1.6).

It should be said that many criminal defendants are particularly poor historians of their own records, and it is often the case that they do not remember when, how, or if prior cases were resolved. If they are unclear, and the defense counsel’s own investigation is inconclusive, it is reasonable for counsel to openly defer to the State on matters pertaining to the defendant’s record.

The most challenging aspect of confronting ethical dilemmas, at least for the trial lawyer, is that circumstances such as the one discussed above often occur in real time and without notice. For that reason, we do well to occasionally review the Rules of Professional Conduct so that we can be as prepared as possible the next time we are asked a question that seems to invoke competing obligations under the Rules.

– Michael Jacko, Esq.

1 The following analysis relies heavily on Todd A. Berger, Professional Responsibility of the Criminal Defense Lawyer Redux: The New Three Hardest Questions, 7 ST. MARY’S JOURNAL ON LEGAL MALPRACTICE & ETHICS 96 (2017). Available at: https://commons.stmarytx.edu/lmej/vol7/iss2/1 February 2022

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Committee Reports Bench Bar Committee Report: January 2022 On January 13, 2022, the Bench Bar Committee held its first meeting (remotely) in yet another COVID year.

Present were Debra Thomas, Carl Gold, Tyler Nowicki, Scott Shellenberger, Hon. Ruth Ann Jakubowski, Alexis Burrell-Rhode, Lure Ruth, Stanford Gann, Jr., Leonard Shapiro, Chris Malanga, Maria Fields, Hon. William Somerville, III, Raphael Santini, Dilip Paliath, Suzanne Farace, Debra Cruz, Arthur Frank, James Dills, Damien Banks, Marissa Joelson, Hon. Michael W. Siri, Stacy Mayer, Hon. Dorothy Wilson, Tim Sheridan, Adam Konstas, Craig Moskovitz, C. Nicholson, Andy Alperstein, Tyler Nowicki, and Mary Sanders.

Judge Jakubowski confirmed that as a result of the latest COVID surge, we are back to Phase III. Remote work is being encouraged as much as possible. There are some staffing shortages. Fortunately, there has not been an outbreak in the courthouse. N95 masks will be available for all staff. No jury trials will be held until Judge Getty (or his successor) approves. Everyone is encouraged to see if matters can plea out, even for incarcerated clients. Equipment to facilitate this should be installed by the time you read this.

Bench trials are still available. Judge Ensor has been doing a great job getting civil cases settled at status conferences.

Judge Stringer has reached the age of mandatory retirement but will be taking over for Judge Fader on the civil motions docket. Judge Jakubowski is also looking into whether video calls for private counsel can occur at BCDC. Make sure you pre-file your exhibits in civil matters.

Tim Sheridan, Circuit Court administrator, said it was “all COVID, all the time” and welcomes any suggestions.

Dilip Paliath gave the magistrate’s report. Magistrates are trying to handle remotely as many contested cases as possible. Please fill out and file the intake form before the scheduling conference. The Visitation Center is closed at least through February 28, 2022.

On behalf of the Orphan’s court, Judge Frank said that hearings are still in person but postponement requests are being liberally granted. If you want a virtual hearing, please request it at least 15 days ahead of time.

Alexis Burrell-Rhode, Register of Wills said it has shifted to appointment only. There is a dropbox outside the office. The office is limiting the number of people appearing in person at any one time.

as camera tickets. Serious traffic cases involving alcohol and cases involving violence are going forward. Expect the bailiffs to request that people wait outside the courtroom in an effort to keep the courtroom uncrowded. The court is trying to convert as much as possible to remote, but not when one party is unrepresented, as those litigant’s struggle with exhibits and technical requirements. If you are doing a remote hearing, Judge Wilson requests that you pre-file your exhibits. Judge Getty has approved another problem-solving court, Mental Health Court. Judge Kimberley Thomas is heading up this effort.

Maria Fields, District Court Commissioner, explained that the clerk’s office is understaffed and working hard to get cases reset. It is also undergoing an audit.

Stanford Gann, Jr. on behalf of the Executive Counsel requests that all lawyers fill out the Bar Association survey , its first since 2009. The Prom has been changed to May 17, 2022. The Chopped Challenge begins in February.

The next stated meeting is February 17, 2022, where Steve Nolan will receive the J. Earle Plumhoff Professionalism award. Congratulations, Steve!

State’s Attorney Scott Shellenberger advised that support staff are remote three-to-four days a week. The office is trying to move as many cases as possible, but the jury trial pause will cause a backlog. Please contact Michelle Fuller or Jessica Pilarski to see if your case can be resolved, especially if your client is incarcerated.

Greg Gaskins, on behalf of the County Attorney’s Office, said his office is fully remote.

Chris Malagna, family Law liaison said there are four upcoming programs. Further details will be forthcoming.

Adam Konstas gave the Young Lawyers committee report. December 2, 2021 was a successful coat drive. The next chamber chat with Judge Wilson will be on March 28, 2022. A field day is in the works for June 12, 2022.

Raphael Santini provided information about the Diversity and Inclusion committee. Its first meeting of 2022 was January 6, featuring Judges Jakubowski and Ballou-Watts.

Peter Franchot will be the next speaker. He encouraged the Bar to support the Summer Scholars Program. Contact Judge Robinson or Judge Siri for more information.

Stay safe, sane and strong.

Judge Dorothy Wilson reported that failure to pay rent cases are on hold. Minor traffic cases are postponed, as well

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The Advocate

– Carl Gold, Esq.

February 2022

Committee Reports Continuing Legal Education Committee: Grammar Event How many times have you asked yourself, “Does the period go inside or outside of the quotation?” or “Is ‘judge’ capitalized in this sentence?” The Continuing Legal Education committee answered these questions and more in its program on January 13, 2022, The Good, the Bad, and the “Plane” Sloppy. The program addressed common grammatical errors observed by lawyers, the Bench, the Bar and our own Tracee Orlove Fruman, chair of The Advocate committee and one of the editors of The Advocate. Tracee, an Assistant Attorney General (and self-professed grammar geek) and Kelli Lakis, a professional editor with KML Consulting, prepared a PowerPoint presentation with 10 common grammatical errors. Next, participants were presented with 12 quiz questions and were encouraged to make their best guesses in the chatbox before the correct answer was revealed, along with the associated rule of grammar. As one would expect in a Zoom room full of lawyers, many debates followed the correct answer and explanation.

At the conclusion of the virtual program, the 24 participants tallied their scores. Ned Richardson led the group with a high score of eight correct answers. As a reward for his advanced knowledge of grammar, Ned received a t-shirt that reads, “Let’s eat kids. Let’s eat, kids. Punctuation saves lives.” Michael Dunty came in second place with six correct

February 2022

answers and took home a grammar themed mug. Finally, the participant who earned the lowest score (and shall remain nameless) received a copy of The Elements of Style: Annotated Edition.

Those who were unable to attend should heed these few points for their future writing: • A period always goes inside the quotation mark – ALWAYS. • Confine capitalization to formal titles used directly before an individual’s name.

• Affect is a verb, meaning to influence. Effect is a noun, meaning result.

• DON’T TRUST GRAMMAR AND SPELLING TOOLS. This program is available on the BCBA’s YouTube channel for those who are interested and may prove to be a valuable tool for lawyers and their staff. For all of your professional editing needs, contact Kelli Lakis, KML Consulting, kmlakis@gmail.com.

The Advocate

– Ralph Sapia, Esq.

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Committee Reports Diversity & Inclusion Committee: What Diversity Means to Me Event On January 6, 2022 the Diversity & Inclusion Committee presented the January installment in its regular series of programs on the topic of “What Diversity Means to Me.” This month the program featured the thoughts and insights of Chief Administrative Judge Hon. Ruth Ann Jakubowski and Associate Judge Hon. Judge Vicki Ballou-Watts.

Associate Judge Hon. Judith C. Ensor, also contributed to the discussion. In addition, former Chief Administrative Judge Hon. Judge Kathleen G. Cox (retired) participated.

Committee Chair Raphael Santini moderated the discussion and introduced the featured speakers. Mr. Santini asked each of the judges to describe what diversity means to them, and how they implement this professionally.

Judge Ballou-Watts, who is a past president of the BCBA, spoke first. When she thinks of diversity, what comes to mind at first is diversity of race, gender, gender identity, religion, ethnicity, orientation, age and economic diversity. But what it really means to her is hearing from different voices, different cultures, different life experiences. She believes diversity helps us, on an individual level, to expand our world view and is very positive. In terms of organizations, including courts, diversity is both a benefit to the bench, and also a benefit to the public served by the bench. Diversity is beautiful in that it allows us to step out of our comfort zones and learn about new things outside our prior experiences.

It gives us greater perspective and insight, even when there are differences with others because it helps us have a better understanding of their perspective. It also allows us to learn where people have things in common, more so than what might have been thought of on first blush.

Judge Ballou-Watts spoke of how she had shared chambers with Judge Jakubowski and they had the opportunity to share their cultural differences in a way which was very comfortable. She noted that sharing culture makes the world bigger and better. She noted that there have been studies that have shown that in an organization, when there is diversity and inclusion, there is greater productivity. Mr. Santini asked Judge Ballou-Watts what it was like being the first African American woman appointed to serve on the District Court bench (prior to her later elevation to the Circuit Court). Judge Ballou-Watts noted that while there may have been some challenges, Baltimore County has evolved quite a bit from where it was when she was first appointed, although there is still room for more progress.

She noted that personal growth sometimes occurs through adversity and being uncomfortable. But she is happy the benches on the District and Circuit Courts are now more 16

diverse than they were in the past. When she was appointed to the Circuit Court, Judge Barbara Howe had stepped down from the bench by then and Judge Cox was the only woman serving on the Circuit bench. Judge Ballou-Watts and Judge Jakubowski were then appointed along with Judge Souder at the same time.

Judge Jakubowski spoke next. She noted that she shared chambers with Judge Ballou-Watts for seven years and with Judge Cox for about twelve years. She feels fortunate that she was able to get two very different perspectives from two remarkable women with very different backgrounds and the difference in backgrounds was a good thing.

Judge Jakubowski was the first Jewish woman on the bench. Her parents were Holocaust survivors. She felt very comfortable discussing her background with Judge BallouWatts and Judge Cox, and learning about their backgrounds, and recognized that they each brought something very different to the table. When she first started practicing law, there were not many women practicing law, and the faces of the judges she saw on the bench were not women or African-Americans. She saw only white men. At the time (in the 1980s), some said things that if said today, would likely cause a lot of trouble. We are in a much different world today and part of this is because of diversity. Today, there are nine women serving on the Circuit Court bench—almost half the bench—and almost all have different backgrounds and different perspectives. She agrees with Judge Ballou-Watts that while we have a long way to go, we have come a long way.

She noted that while judges act independently, there are, as noted, shared chambers and bench meetings where judges from different backgrounds bring different perspectives to the face of the judiciary. She noted it is important that the public see themselves represented on the bench. For example, it is important for women to know that there are women judges—someone who looks like them serving on the bench, even if the ruling does not go their way, and this is equally true with other diverse groups, including the African American community. Diversity makes the bench more credible, more legitimate, more real, and more a part of the community.

Judge Jakubowski noted that judges recognize and are even taught in “baby judge school” that they come to the bench not as a blank slate, but bring their culture, life experiences, implicit biases (which they try to recognize) and differences, and this is a positive thing. Judges are not robots but are “real people” with real life experiences. Running ideas past each other and sharing diverse perspectives makes them

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February 2022

Committee Reports better judges and better people. Judge Jakubowski closed with a quote by the late Supreme Court Justice Ruth Bader Ginsburg, who stated “[o]ur system of justice is surely richer for the diversity of background and experience of its judges.”

Judge Jakubowski was asked by Debra Thomas about her thoughts on the fact that very few people of color apply to the Circuit Court bench in Baltimore County. Judge Jakubowski did observe that recently, in selecting a magistrate, the bench sent out notice of the advertisement for the position to many different bar associations to help ensure a diverse applicant pool. Family Magistrate Sidney J. Francois, who is a person of color, was hired for that position.

Judge Ballou-Watts observed that having to run against challengers in the Circuit Court in a contested election can be a deterrent from applying to a lot of people. She has always had an open-door policy about talking to persons about their interest in serving. She recalls that in her case, if not for the encouragement of certain people, she may not have pursued serving on the Circuit Court bench. Judge Jakubowski agreed that elections can be daunting. She recalls the challenges encountered by her running mate, Judge Wright. Judge BallouWatts recalled that when she ran, there were people in certain parts of the county who were not friendly and welcoming to her. While this was unpleasant and she felt uncomfortable at times, in retrospect, campaigning throughout the County gave her an appreciation and insight for the great diversity of Baltimore County.

Mr. Santini asked about the selection and hiring of law clerks and whether there is more of a focus on diversity.

Judge Jakubowski stated that there definitely is more of a push and effort to encourage diverse candidates to apply.

Judge Ballou-Watts believes she has had a very diverse group of law clerks over the years. While she is looking for certain skills and qualities needed to be successful as a law clerk, if

she has two candidates completely equal in every other way, and one is a minority or woman, she may gravitate towards choosing diversity.

Co-chair of the D&I Committee, Snehal Massey, asked about other efforts on the part of the bench to implement diversity.

Judge Ballou-Watts described the various efforts of the Equal Justice Committee of the Judiciary, presently chaired by Judge E. Gregory Wells, which has six sub-committees, to bring greater fairness and equity to the judicial process. She chairs the Judicial Outreach Committee. Judge Ballou-Watts also observed that judicial education is addressing the issue of implicit bias, diversity and inclusion. Judge Jakubowski agreed that the judiciary and the judicial college are focused on educating all judges on the issue of implicit bias.

In Baltimore County, the bench recently hired an interpreter coordinator and is sensitive to the fact that in Baltimore County there is a very diverse litigant pool with many different cultures and languages. Judge Ballou-Watts and Judge Jakubowski both agree that there is enough candor in bench meetings to talk about and address uncomfortable issues and years ago this may not have been the case.

They noted that when Judge Cox served as the Chief Administrative Judge, she encouraged new perspectives and a collaborative spirit.

Judge Ensor also encouraged practicing attorneys to not only look at people and problems with lawyer eyes, but also put yourself in the shoes of other people and mean it.

Judge Ballou-Watts encouraged BCBA members to use the resources provided by the Equal Justice Committee including the Diversity Calendar provided by the Diversity & Inclusion Sub-Committee. On the web visit: mdcourts.gov/equaljustice/committee.

– Michael S. Barranco, Esq.

Matchmaker, Matchmaker – Make Me a Match We’re not fiddling around. With the Summer Scholars program up and running, the Diversity & Inclusion Mentoring Subcommittee chaired by Judge Robinson is launching another worthwhile initiative. We are matching attorneys with mentors to help provide guidance regarding legal issues, networking, navigating the courthouse, and other professional issues.

Whether you are a law student, a law clerk, a judicial clerk, a recent graduate of law school, an attorney who is new to the Baltimore County legal community or someone who simply wants to get more engaged, this program is for you.

If you would like to be matched with a mentor, please send an email to Rachel Ruocco at rruocco@bcba.org with a brief description of yourself and your practice and a summary of the reasons you are seeking a member so we can find the perfect match for you.

February 2022

The Advocate

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Committee Reports Family Law Committee: DSS Records Event On January 12, the Family Law Committee hosted a program entitled “DSS Records: I Can Get Records Without a Motion to Quash?” via Zoom. Family Law Committee Chair Chris Malanga chaired the program and moderated attendees’ questions. The program was incredibly informative for any practitioner who faces the hurdles of obtaining confidential records from the Department of Social Services (“DSS”).

The program featured both Julie Dyer, the current Lead Counsel for Baltimore County Department of Social Services (“BCDSS”), and Bambi Glenn, the former Lead Counsel for BCDSS. Attendees also had the pleasure to hear from the Honorable Judith Ensor (with a surprise appearance by the Honorable Kathleen Cox!) from the Baltimore County Circuit Court, and Jane Gehring, Assistant Director for Family Services at BCDSS. All speakers emphasized the importance of requesting DSS records as early as possible. To that end, Ms. Glenn explained there are two pathways to obtaining records from BCDSS. The first is what most family law attorneys

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do: issue a subpoena to BCDSS, wait for BCDSS to file a Motion to Quash, file an Opposition to the Motion, and hope that a judge at least orders the records to be produced in camera. There is, however, another way. Section 1-202 of the Human Services Article grants DSS the discretion to disclose records without a court order to certain persons, including those who have care and custody of the child. This discretion is guided by COMAR 07.02.07.21, which allows for disclosure by consent, but directs DSS to disclose only if it determines that disclosure is in the best interest of the child. Ms. Glenn advised disclosure by consent is probably the least utilized way to obtain records. Ms. Dyer cautioned that the caveat to this pathway is that the alleged maltreater cannot consent. Thus, if the alleged maltreater is a parent, this pathway might not be an option. If it is an option, there is a consent form, which a child 16 and older may sign on their own. Children under 16 need their attorney or their parent/guardian (as long as the parent/guardian is not the alleged maltreater) to consent for them. If everyone is in agreement to consent, they should reach out to Ms. Dyer at

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February 2022

Committee Reports julie.dyer@maryland.gov to see if BCDSS is willing to enter into a consent protective order that will permit the judge to review the records in camera and determine whether disclosure is warranted at trial.

Judge Ensor reiterated the benefits of requesting records as early as possible. She described the “last minute approach,” whereby an attorney issues a trial subpoena to DSS days before trial, as not ideal. When this happens, someone from DSS most likely must come to court with the records. The judge must make a ruling on what parts of the records are relevant, and that ruling cannot be made before the judge has a chance to actually read the records. Most times, this means the hearing will need to be postponed in order to give the judge an opportunity to review the records. Judge Ensor also advised that reading records for the first time on the morning of the hearing is not particularly helpful to a lawyer, because there will probably be details in the records the lawyer could have investigated further during trial prep had they known about them beforehand.

could read them before the court date. On the BCDSS side, Ms. Dyer recalled that a judge recently had her upload the requested DSS records on MDEC so that he could review before the trial. She appreciated that because it meant none of the DSS attorneys needed to appear in court. Judge Ensor acknowledged that uploading records to MDEC is the direction we are headed in as everyone gets used to the electronic system. However, using MDEC will only work if the attorney tries obtaining the records ahead of time.

Understanding the process for obtaining DSS records, and planning in advance, will benefit not just the attorney but also BCDSS. Ms. Gehring and Ms. Dyer both mentioned staffing shortages at BCDSS. Ms. Gehring explained there are 2,000 to 3,000 reports per year that social workers must respond to, and that BCDSS does not have the resources for those social workers to be subpoenaed to court. If the attorney plans ahead, they can get their records into evidence without a DSS representative present under the certified business records exception (the custodian of records is Mark Millspaugh, mark.millspaugh@maryland.gov). This hinges Judge Ensor described the “in advance approach” as on the attorney having already gone through the hoops the preferred method. Judge Cox, who happened to stop of requesting the records and getting the relevant parts

by Judge Ensor’s chambers during the program, agreed. ruled on by a judge. Additionally, Ms. Gehring explained For the in advance approach, the lawyers file a motion that BCDSS’ electronic database, called CJAM, does not in advance of the hearing asking the court to review the have a button someone can simply press to print out the records and decide what is relevant. Judge Ensor stated entire record. Someone must go screen by screen and take she recently granted such a motion. She was able to read screenshots, or print individual assessments, all of which is the records, decide which parts were relevant, and put the time consuming. Also, when requesting records, it is helpful relevant parts on MDEC in a way so that the attorneys for the attorney to be specific, as there are different divisions within BCDSS that might respond to a report. Child Protective Services, Family Services or Out of Home Services are some of the different divisions that might Experts in Elder Law, Estate and Special Needs Planning respond to the request.

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At the conclusion of the program, Ms. Malanga reminded the attendees that a Best Interest Attorney can obtain DSS records easily. Ms. Glenn agreed that a BIA has zero roadblocks to getting records. All speakers concluded that this is probably the quickest method to getting records. No matter how one obtains DSS records, communication and preparation go a long way to having them ready to present at trial.

– Virginia Yeoman, Esq.

Towson, Columbia, Easton

February 2022

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BCBA Spotlight Retirement of Diana Beese, Spanish Court Interpreter If you have ever appeared in the District Court for Baltimore County on behalf of a Spanish-speaking client, then chances are you have had the opportunity to meet Diana Beese, certified Spanish interpreter.

In 1977, Ms. Beese came to Maryland from Puerto Rico and attended Notre Dame College of Maryland (today known as Notre Dame of Maryland University) where she pursued a business degree. She went to graduate school at the University of Baltimore and obtained her Masters in Business Administration. After graduating from UB, she began working at a lobbying firm in Washington D.C. for six years, before moving back to Baltimore and having her two daughters, Gabriela and Kristina.

In 1992, Ms. Beese remembers getting a call from the administrative assistant to the Chief Judge of the District Court of Maryland, Robert Sweeney, asking her if she wanted to be included on the court interpreters list. Already fluent in English and Spanish, Ms. Beese jumped at the opportunity.

Ms. Beese began traveling to different courthouses throughout Maryland helping those who had requested the assistance of a Spanish interpreter. Her first assignment was in the Dundalk district courthouse, which closed years ago, with Raphael Santini as the attorney. She remembers feeling nervous, but after Mr. Santini provided her with words of encouragement, she knew she made the right choice to begin her career as an interpreter.

After realizing the massive responsibility she now had to accurately interpret every stage of court proceedings, she immediately contacted her college roommate, Judge Audrey Carrion, for help. Judge Carrion gave her a Spanish to English dictionary of legal terms, which Ms. Beese continued to consult throughout her career.

Ms. Beese provided interpreter services all over Maryland.

Not only did she work with the courts, but she also did work translating for social services, private attorneys conducting depositions, and individuals being held at detention centers throughout the state. Ms. Beese was extremely passionate about helping others understand what was being said to them, often even just reminding them to breathe if they seemed nervous about court. Bringing Spanish-speaking

Diana Beese people up to an equal footing with English speakers became her passion.

As the years went by and the Spanish population began to increase in Maryland, the judiciary decided to place a Spanish interpreter in the courthouse. So, in 2013, Ms. Beese became a staff Spanish interpreter for the Towson district court, where she worked full time until her recent retirement in November 2021.

Speaking from personal experience, as an attorney who has represented many Spanish-speaking clients, Ms. Beese’s assistance and knowledge in the courtroom was absolutely invaluable. I know I speak for other attorneys as well when I say that Ms. Beese made it possible for us to effectively communicate with our clients and to help them fully understand the case, the court processes, and the dialogue between the attorney and the judge.

During her retirement, Ms. Beese plans to continue volunteering in the Spanish community and working with Spanish immigrants through Catholic charities. She also plans to spend time with her family and vacation in Florida.

– Erika C. Surock, Esq. Shine the Spotlight on you or a BCBA Member you know!

Click Here or email rruocco@bcba.org

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February 2022

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February 2022

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BCBA Spotlight District Court Judge Zellweger Susan Chambers Zellweger graduated from the University of Delaware with a degree in criminal justice and attended law school at the University of Baltimore. Graduating in 1997, she clerked for the Honorable Alfred Brennan in the Baltimore County Circuit Court. She then became a public defender, marking the start of an illustrious, two-decade career in criminal defense. Chatting briefly, I explained to Judge Zellweger that this was my first “In Chambers” interview. “Mine too!” she said with a laugh. That made sense—she took the bench in July of 2021. Having just passed the six-month mark, I was curious about her experience so far. Was it everything she had hoped for and more?

With a bright smile and warm demeanor, Judge Zellweger graciously answered each of my questions in turn.

Can you tell us a bit about yourself? Are you originally from Maryland?

I’m not from Maryland originally, but I graduated from high school in Montgomery County. I moved here in seventh grade and have been here since. Baltimore County has been my home for 25 years.

The Honorable Susan Chambers Zellweger Photo courtesy of the Maryland Judiciary

Where did you move from?

All over the place. My dad’s job required a lot of travel, so we lived all over the country and in England for a while, for 18 months, actually, while I was in elementary school.

Definitely a good experience.

and it was really abrupt when he left. I hadn’t thought about being a judge before then, but I suddenly realized that was something I aspired to be. He’s still my mentor to this day.

He’s a huge asset to the bench, even in his retirement.

You served as a public defender for almost your entire legal career. Was that something you anticipated?

How has your time as a public defender impacted your time as a judge?

No, actually. When I went to law school, I intended to be a prosecutor. That was my original plan. But in law school I became a law clerk to a prominent defense attorney in Baltimore County. From his office, I became a judicial law clerk in the Baltimore County Circuit Court, where I got to interact with more of the “defense side” of things. I hadn’t really interacted with many lawyers before law school and I just found that side to be a lot more interesting, to be honest.

And there I went. I was in the Public Defender’s Office in District Court for 23 years, which was fabulous. I thoroughly enjoyed my time there.

I got a good look at a cross-section of Baltimore County by working in that capacity for such a long time. It really honed my ability to assess or get a feel for a person. I think I was good at my job in the Public Defender’s Office because I was able to see both sides of the equation. I’m continuing to do that now, trying to gauge both sides of what’s presented to me.

When did you first contemplate becoming a judge?

When Judge Steinberg retired, some seven years ago. He was my absolute favorite as far as judges go. He is what a judge should be in every aspect: amazingly intelligent, knows the law backwards and forwards, so fair, so kind and always professional. He really inspired me to try to become a judge in the future. He retired earlier than he would have had to, 22

Would you say you have a specific judicial philosophy that you took from your time as an attorney and now apply as a judge?

I’d say that as an attorney, I tried to listen and be kind.

That’s very important as a judge as well. I think a lot of people come to court and feel like they’re not heard. That’s something I really make an effort to do. I want to make eye contact and I want you to know that I’m listening to you.

That’s especially important in district court where a lot of people come in pro se. It’s important to let people know that you’re trying to understand what’s going on.

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February 2022

Have you enjoyed your time on the bench so far?

I have! It’s been a really big change, you know, a huge learning curve. But it’s been phenomenal. It’s a fantastic bench in Baltimore County and they’ve been so welcoming and helpful, willing to answer any question I can possibly come up with. And there have been a lot of questions. But, yes, it’s been a really positive experience so far.

Is there anything in particular that has surprised you the most?

There are just so many things I didn’t think about, coming into this job. I did criminal defense for my entire career and I was comfortable. I knew how to handle most any situation that came up, I went in with my cases, did my work, and that was it. As a judge, I am facing a new challenge every day. There’s a lot of learning still to be done. I’ve really developed an appreciation for the amount of hard work that goes into being a judge.

Is there anything you’re looking forward to as a judge?

I’m looking forward to being able to show people that the court system doesn’t have to be so daunting. That the judge in the courtroom is willing to listen. That a lot of what seem like insurmountable problems can be solved or at least addressed fairly and compassionately. In the meantime, I am looking forward to getting more comfortable in situations that I’m not used to. I was comfortable for a long time in my previous job and it’s been a challenge to switch jobs after such a long time. But I’m working to get myself acclimated in order to do the best job that I can do.

– Andrew Will, Esq. Writer’s Note: Each judge profiled is asked a set of questions regarding their “favorites.”

Judge Zellweger’s answers are as follows: Restaurant:

Tapas Teatro in Baltimore

Sports Team: Orioles Ice Cream Flavor: Chocolate Peanut Butter Musician: Radio Station:

Sarah McLachlan 93.1

There are just too many to Book: choose from... let’s just say anything by Stephen King Movie: Some Like It Hot Famous person, dead or alive, you Marilyn Monroe would like to meet: I started college as a Had you not chosen the law, what journalism major, thinking career might you have chosen: I’d be a newspaper reporter.

February 2022

The Advocate

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BCBA Spotlight Sponsor Spotlight on Multi-Specialty HealthCare Multi-Specialty Healthcare, LLC (MSHC) has been a faithful Baltimore County Bar Association sponsor for decades. Those familiar with MSHC are also familiar with the face of this medical provider, former all-pro safety for the Baltimore Colts, Bruce Laird. When I was asked to interview Bruce Laird, I wanted to dispel the perception that Mr. Laird is a promotional glamour boy for MSHC. Yet what many do not realize is the valuable quid pro quo between MSHC and Mr. Laird.

In the 1970s, a variety of plaintiff physicians had cultivated a lucrative cottage industry. The tort reform movement of the 1980s rightly shredded the credibility of many providers who catered to the plaintiff’s bar. It was out of that darkness, in 1993, that a truly integrated MSHC emerged. In the early years, 1993-2000, the company’s management had trouble distinguishing the company from the negative perception of the culture associated with the pre-tort reform era. Then, at the turn of the century, Dr. Charles Thorne and Dr. Larry Yalich took over the management of MSHC and quickly recognized the need for a public relations campaign to restore its image. They tapped Bruce Laird for the greater Baltimore metropolitan campaign. And “boy,” did he deliver.

This Bruising NFL Defensive Back Was Once a Lightweight Older Baltimoreans will recall Mr. Laird as one of the punishing defensive stars on several Baltimore Colt championship teams. They will be surprised to learn that Bruce was an undersized lightweight as a high school freshman in Scituate, Massachusetts. He was so small that the football coach required written parental permission for him to play. With a chip on his shoulder, young Laird was determined to prove everyone wrong. He had become a gym rat and a three-sport star by the time he graduated. It helped that he also physically began to grow.

Still, at 5’10” and 175 pounds, the prominent New England D1 football colleges looked the other way. Bruce ended up in a D2 program at the American International College.

Once again, this made him more determined to prove his worth. He continued to grow and build muscle and played every facet of the game. And his reputation grew along with his now 6’1” frame, such that he was a second-team AllAmerican by the time he was considering the NFL draft.

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His college sports information director was clever enough to land his football star’s accomplishments in some of the most prominent New England feature magazines and newspapers.

NFL scouts began to notice. The result: a small college Division II football player was drafted number 152 overall in the sixth round, a feat seemingly unattainable in that era.

MSHC Arranges An Old World Style Marriage Mr. Laird’s post-NFL commercial successes, however, were up and down; and MSHC’s survival was tottering. Mr. Laird had a stellar Baltimore reputation, while MSHC had the established vehicle for change. How could they help each other? You might say that Dr. Thorne was clever enough to push at the proverbial “chip” back on Laird’s shoulder, challenging him to use his reputation to help reform the image of a company whose services were wholly unfamiliar to the NFL player. Never one to retreat from a challenge, Bruce Laird agreed to a generous new contract with strict conditions. Bruce would use his name to gain access to the Baltimore personal injury plaintiff’s bar, but Dr. Thorne and MSHC would have to run a clean program and back him up when he promised attorneys substantial changes had occurred at MSHC. It was a no-brainer. Dr. Thorne and Dr. Yalich had already committed to cleaning house before approaching Mr. Laird. So, it was an easy marriage to arrange; and it has been a happy marriage ever since.

How Do You Fix The Shattered Reputation of a Medical Provider?

The Laird-MSHC marriage began in uncharted waters.

While Dr. Thorne and Dr. Yalich were excellent at their medical training, they were not part of the failures at MSHC, and there was no handbook they could consult on how to turn around a big operation. One of the first decisions was to shed any notion that they serve only the plaintiff’s community. MSHC resolved to be medical practitioners first and foremost, putting the patient’s needs above business interests, no matter what the cost.

This meant, among other things, that for the first time, MSHC would feature the acceptance of healthcare insurance and agree to provide medical services with billing consistent with the rest of the medical community. Gone were the go-go seventies, when the plaintiff’s bar welcomed inflated billing so they could routinely settle PI cases for four times the medical specials. Gone was the unspoken concession to slash the medical invoice after the insurance company settled the case. Gone were the generic one-sizefits-all treatment modalities. In some ways, it was easy for

The Advocate

February 2022

Dr. Thorne and Dr. Yalich; they were consummate professionals who had already committed themselves to professionalize the medical practice they had “inherited.” Thus, the reforms were right down their alley.

Helping PI Patients To Heal Is Much Bigger Than the Plaintiff’s Bar The reforms also dovetailed perfectly with Bruce Laird’s demands. He wanted assurances that reform was underway and that his promises to others would be backed up. He got that assurance. They agreed together that MSHC needed to reach the entire legal community, not just the plaintiff’s bar. One of the obvious avenues would be the Baltimore County Bar Association. Mr. Laird met with then Executive Director, Doris Barnes, to discuss sponsorship as an avenue to communicate to the entire legal community that there was a new leadership at MSHC. Sponsoring the BCBA “prom” was an obvious starting point.

Paid professional presentations in The Advocate were next.

Then, sponsorship of educational programs that benefit the entire Baltimore County bar.

Reforming the presuppositions of the bench was also prioritized. Little by little, Bruce Laird was able to have non-confrontational, friendly exchanges with county judges. Relationships grew. Laird made it clear that MSHC featured “real” treating physicians to include board-certified orthopedic surgeons. The positive reputation grew.

MSHC even succeeded in penetrating the recluse world of Worker’s Compensation practitioners for the first time. It was well known that WC Commissioners scrutinized medical billing and would never tolerate shenanigans. MSHC has survived the WC Commission’s scrutiny unscathed. Over time, Dr. Thorne and Dr. Yalich, and by extension Mr. Laird, have distinguished themselves from other personal injury medical providers. They grew while their competitors languished. The rest is history.

February 2022

MSHC now has over 35 locations, including Virginia, Delaware and the Eastern shore. They offer board-certified medical doctors who are full-time employees (not independent contractors), an independent surgery center in Harford County, a neurologist and traumatic brain specialists on staff, MRIs at two locations, pools for aquatic therapy at two locations, x-ray services at nearly every location, functional capacity evaluations to satisfy the requirements of Maryland Workers Compensation Commission, and a high-tech portal allowing attorneys to access client records on demand.

Laird Gets the Final Word I asked Bruce what message he wanted to convey to our readers on behalf of MSHC. He replied, “We are not the MSHC of yesteryear. We are not what some have painted us to be. We are first and foremost about the patient, your client. Patient care is our priority. The financial burden we take on is in conjunction with the well-being of you, the lawyer, and your client together. We desire to be friendly with all members of the bar. “

The Advocate

– Matt Paavola, Esq. 25

BCBA Spotlight on Member News Sean Gugerty, Joseph S. Johnston Elected Partners at Goodell DeVries Goodell DeVries is pleased to announce that Sean Gugerty and Joseph S. Johnston have been elected partners of the firm, effective January 1, 2022.

Sean Gugerty is a member of the firm’s Medical Malpractice and Appellate Law Practice Groups. His practice is focused primarily on defending health care providers and health care institutions in medical malpractice claims before the Health Care Alternative Dispute Office of Maryland, the Circuit Courts of Maryland, Maryland’s appellate courts, the Superior Court of Washington, D.C., and federal courts. Sean has successfully litigated high-exposure cases involving claims of alleged birth injury, catastrophic brain injury from NICU care, complications during and after surgery, and claims for failure to prevent COVID-19 infection. He has been honored as a Maryland Super Lawyer in the area of Personal Injury - Medical Malpractice: Defense and Best Lawyers: Ones to Watch in America in Medical Malpractice Law – Defendants and Health Care Law. Sean also defends companies that manufacture and sell over-the-counter medications and was part of the briefing team that obtained dismissal of over 1,300 cases filed against generic manufacturer defendants in the Zantac MDL (MDL No. 2924).

Before joining the firm, Sean was the law clerk to the Honorable Joseph M. Getty, Chief Judge of the Maryland Court of Appeals. He also clerked for the Honorable Peter B. Krauser, Chief Judge of the Maryland Court of Special Appeals (Ret.), and the Honorable Sherrie R. Bailey, Associate Judge of the Circuit Court for Baltimore County.

Sean is a graduate of St. Mary’s College of Maryland (B.A., summa cum laude, 2011) and the University of Maryland, School of Law (J.D., 2015), where he earned a concentration in health law. While in law school, Sean interned with the legal department of The Johns Hopkins Health System, the U.S. Department of Health & Human Services, Office of the General Counsel, Centers for Medicare & Medicaid Services Division, and the American Association of Retired Persons (AARP). He also served on the Journal of Health Law & Policy and the Maryland Law Moot Court Board.

Sean was recently named Chair of the Education Committee of Maryland-D.C. Society for Healthcare Risk Management (MD-DC SHRM).

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Sean Gugerty

Joseph S. Johnston

Joe Johnston is a member of the firm’s Medical Malpractice Practice Group. Joe considers it an honor to represent nurses, physicians, and hospitals, including several of the world-class hospitals in the Baltimore and D.C. area, in defending against medical malpractice claims and guiding them through the litigation process. Over his career, Joe has litigated to successful resolution a variety of high-exposure medical malpractice claims, including claims of alleged birth injury, failure to prevent preterm birth, catastrophic brain injury arising from alleged medication errors, complications arising during and after surgery, and failure to diagnose or delay in diagnosis and treatment of conditions such as cancer, pulmonary embolism, and sepsis.

Joe has jury trial experience in defending against medical malpractice and dental malpractice claims in Maryland, experience arguing motions in Maryland Circuit Courts, and appellate court experience arguing appeals in the Maryland Court of Special Appeals and the United States Court of Appeals for the Fourth Circuit. He also has extensive experience in participating in mediation, and experience with other forms of alternative dispute resolution such as binding arbitration. He has been honored as a Maryland Super Lawyer in the area of Personal Injury - Medical Malpractice: Defense and Best Lawyers: Ones to Watch in America in Medical Malpractice Law - Defendants.

Joe holds degrees from the University of Baltimore School of Law (J.D., cum laude, 2007), where he was Editor in Chief of the University of Baltimore Law Review, and Franklin & Marshall College (B.A. 2002). After law school, he completed a judicial clerkship with the Honorable James R. Eyler at the Maryland Court of Special Appeals.

The Advocate

February 2022

Tydings & Rosenberg Llp Announces That Kerianne P. Kemmerzell Has Become A Partner Tydings, a Baltimore law firm that serves individuals and businesses in Maryland, D.C., and Virginia through its offices in Baltimore and Towson, announces that Kerianne P. Kemmerzell became a partner with the firm effective January 1, 2022.

Ms. Kemmerzell practices in the areas of employment law, immigration, estate litigation, general litigation, and family law. In her employment practice, she counsels small and medium-sized companies on a wide range of labor, employment, and immigration matters. In her family law practice, she represents clients in divorce cases as well as disputes involving custody, alimony and child support, and division of assets.

Ms. Kemmerzell is admitted to practice in Maryland. She is a member of the American Bar Association and its family law section. She is also a member of the Maryland State Bar Association, Bar Association of Baltimore City, Baltimore County Bar Association, and American Immigration Lawyers Association. She may be reached at 410.752.9754 or kkemmerzell@tydings.com.

Kerianne P. Kemmerzell Ms. Kemmerzell serves on the board of directors of Marian House, which provides housing and support services to women and children in the Baltimore area. This safe environment allows women to confront emotional and socioeconomic barriers and transition to stable and independent lives.

CELEBRATE ACCOMPLISHMENTS IN THE NEW SPOTLIGHT ON MEMBER NEWS! Let us know about any awards, promotions, moves and other news you want to include about yourself or others.

Fill out the online form here, or email rruocco@bcba.org February 2022

The Advocate

27

Wellness with Wendy Marriage Advice from a Family Law Attorney Recently my husband and I completed a marriage workshop with our church. We thought it would be a fun, enlightening, and helpful way to strengthen our (already pretty good) marriage. While some parts of it drove me bananas (see my blog article for why), rather than throw the baby out with the bathwater, we are focusing on the take-aways that work for us.

The teachings, coupled with what I see over and over again as a family law attorney, prompted me to write this article.

What can we do to make sure our marriages are well? Fit? Thriving?

1. Date Night.

I cannot tell you the number of times I have asked a client the last time they went on a date with their spouse, and they said . . . years. Years! Make this a priority. I know it is hard.

I know kids and schedules and everything else make it a pain and you put it on the back burner. However, in order to have a thriving marriage, you need to talk with one another one-on-one, date one another, with no one else around.

Some tips? a. Ideally, go on a date once a week (we are still striving for this). Make it a standing occurrence with a standing babysitter. b. If once-a-week is too hard, aim for once-a-month. c. Alternate who plans the actual date. The planner books the sitter, the reservation, the event. They are “fully in charge.” d. Double dates don’t count. Those are extra credit, but you need the one-on-ones first. e. Once a year, try for a vacation. Not a couple’s trip!

Those are extra credit, a one-on-one vacation.

2. Talk.

Ask your partner to complete the sentence: “If there was one thing I needed to hear from you today , I would want you to say _______________________.”

Let them think about it. When they are ready to share, really listen. Do your best not to feel defensive. Just listen.

Then think to yourself, can you say that? How can you figure out how to say more of the same? Even if you think you already say XYZ, try saying it more. Or, perhaps their answer will completely surprise you.

Then, it’s your turn! Hand them this article so they also know to really listen, take a deep breath, and be ready to receive information on how you both can grow stronger.

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3. Cheer. Cherish.

The workshop I attended discussed two things wives/ husbands/partners need. We need to be cheered. We need to feel cherished. What does that mean? Here is how I take it.

Cheer: “Wow, hon! This dinner was amazing! Thank you for cooking it!” “Thank you so much for doing the Halloween shopping for the kids! That was so helpful!” “ Oh goodness, thank you for unpacking the kid’s backpacks this weekend, that was so helpful.” “Looks like you kicked butt in trial! Way to go babe!”

In essence, ask yourself, are you your spouse’s biggest cheerleader? Biggest fan? If so, do you let them see it? If not, can you find something to cheer them on and lean into the idea of being their cheerleader?

Cherish: This is going to mean something different to every couple and every individual. This goes beyond what happens in the bedroom (I am not going there in this article, but I would be remiss if I didn’t address it. I am not the expert here, but a good marriage is doing this or talking about doing this with the right professionals). Back to cherish. For some, this is cuddling and holding hands.

For others, it is an act of service (unloading the dishwasher when it is not your turn). Others, it is receiving a thoughtful gift. (These are from the 5 Love Languages – a great read for you and your partner.

The key to cherish? To really know what works for your partner. Again, ask them the question above. Ask them what sort of thing makes them feel loved and cherished?

There you have it. Dates. Talk. Cheer. Cherish.

What can you start today?

The Advocate

– Wendy Meadows, Esq. February 2022

February 2022 - January 2023

Second Thursday of the Month 12:00 noon - 1:15 p.m.

ALL WORKSHOPS WILL BE VIRTUAL (WORKSHOPS WILL NOT BE RECORDED)

American College of Trial Lawyers

COURTROOM WORKSHOPS FOR NEW LAWYERS

Don't miss this informative series that will feature the Rosenberg Spy Case and will include Various Lectures; Demonstrations and Analysis; Direct and Cross Examinations; What Judges Want from Trial Lawyers; 12 Secrets of Persuasion in the Courtroom and Trial Preparation; a Glance at the Appeal and more!

REGISTRATION (One price covers all of the monthly workshops)

$75.00 $125.00

Member of a Local Bar Association Non-Member of a Local Bar Association

FEBRUARY 10, 2022 INTRODUCTION TO THE PROGRAM SPEAKERS

Judge Paul W. Grimm United States District Court

Harriet E. Cooperman, Partner Saul Ewing Arnstein & Lehr

Charles "Chad" I. Joseph Baxter | Baker

Paul Mark Sandler Shapiro Sher Guinot & Sandler, P.A.

Speakers - March 10, 2022 Jefferson Gray Assistant United States Attorney Judge Alexander Williams (Ret.) United States District Court Judge Irma Raker (Ret.) Court of Appeals of Maryland

CLICK TO REGISTER

February 2022

The Advocate

29

Ask The Trial Doctor What’s all this business about business records?

A lawyer writes in…

Dear Trial Doctor, I am pumped! I want to tell you what happened in my recent trial of a business case. I needed to admit the defendant’s internal communications to show that the company had intentionally cheated my client. I had never done it before, but I had a brainstorm. I could use requests for admissions to establish the requirements for the admission of the documents as business records. It worked like a charm.

Having already set up the foundation for the records, it was a breeze to use them when examining witnesses. Pretty smart, huh?

If the foundation is established at trial, anticipate the possibility of a challenge to the witness’ actual knowledge of these elements. For example, a custodian of records may not know who made the specific entries at issue and whether that individual had knowledge of the events they documented.

The custodian does not need that level of detail so long as he or she can testify as to the process which produced the entries in the records.

A lawyer who takes care of these requirements pretrial is assured of their admission and their availability when the fur starts to fly during trial. And, not insignificantly, that lawyer looks pretty smart to the trial judge.

Suddenly Smart

– The Trial Doctor

Dear Suddenly Smart, Yes, indeed, you are pretty smart. The requirements for the admission of business records are straightforward but many lawyers seem to trip over them during a trial. So let’s review the rules, shall we?

MD. RULE 5-803(b)(6) provides a hearsay exception for “Records of Regularly Conducted Business Activity.” The reason why business records are an exception to the hearsay rule is that all businesses have an interest in maintaining complete and accurate records, entirely separate and apart from any litigation.

The requirements of the rule are simple. A witness with knowledge of the business operation and its record retention practices need only testify that: A) the record was made at or near the time when the conduct or event took place; B) it was made by someone with knowledge or from information from someone with knowledge of that conduct or event; C) was made and kept in the ordinary course of business; and D) it was the regular practice of the business to keep the records.

This foundation can be established through testimony of a knowledgeable witness or custodian of records, by stipulation of the parties, by certification under MD. RULE 5-902 (12) or… by use of pretrial requests for admissions pursuant to MD. RULE 2-424.

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The Advocate

February 2022

Baltimore County Bar Association Diversity & Inclusion Committee What Diversity Means to Me Thursday, February 3, 2022 5:30pm

SPEAKERS

Peter Franchot, Comptroller of Maryland

PROGRAM CHAIR

Raphael J. Santini, Esquire

LOCATION

Zoom

COST

BCBA Members, Free; Non-Members, Free

REGISTRATION

Registration Required. Click HERE to register.

Link emailed upon registration.

Mr. Franchot will speak on the topic of “What Diversity Means to Me,” as well as Diversity & Inclusion in Law.

February 2022

The Advocate

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BALTIMORE COUNTY BAR ASSOCIATION CLE Committee

‘You got PPP-But How About the Employee Retention Credit?’

(Many firms are eligible for both.)

Wednesday, February 9, 2022 12:00pm-1:00pm PROGRAM CHAIR

Ralph Sapia, Esquire

SPEAKERS

Peter Haukebo, Esquire, Frost Law Matt Eddleman, EA, Frost Law

LOCATION

Zoom

COST

BCBA Members, Free

REGISTRATION

Registration Required. Click HERE to register.

Link emailed upon registration.

Non-Members, Free

Did you know you can still claim the Employee Retention Credit (ERC), going all the way back to Q1 2020? Even if you got a PPP Loan!?

The legal field has been profoundly impacted by the pandemic, and attorneys in Maryland, and beyond, have been able to claim the ERC to help maintain their payrolls and navigate the uncertainty.

Even if your firm’s revenue didn’t drop, you may have experienced a partial suspension in operations that would make you eligible.

Join our speakers to discuss the ERC and eligibility for the credit, and how attorneys frequently meet those criteria.

32

The Advocate

February 2022

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February 2022

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CALL 1-800-BANKRUPT Law Offices of Nicholas J. Del Pizzo, III

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The Advocate

410-288-5788

February 2022

February 2022

The Advocate

35

Get Back on Track with the Vision You Once Had for Your Business Now is the time to regain perspective and become strategic to make your vision a reality.

Become the CEO of your firm, your career and your life. Now is the time to face reality, identify exactly where you want to take your practice and map out a course of action to make it happen.

Our Small Business Advisory is a coaching and accountability program delivered quarterly in which we provide the structure and tools necessary for you take a step back and see the “big picture.”

Growth Solutions Team’s Small Business Advisory Program provides you: Structure to map out your vision, goals and a plan to achieve them

Real world, “Boots on the Ground” help from our Team to get your practice where you want to go

Content designed to further your knowledge and apply it immediately in your role as the leader in your organization

Private, individual coaching sessions to hold you accountable

Interact with colleagues to share ideas and gain insight from their experiences

Direction on how to leverage your resources Strategies to seize opportunities and reach your potential

Accountability is your KEY to success!

Growth Solutions Team offers a wide variety of coaching solutions and tools for your practice to establish goals and help you meet them. Contact us today to determine the right solution for your practice. Because your practice is a BIG deal.

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The Advocate

February 2022

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February 2022

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Check out our YouTube channel!

Follow us and receive notifications when we post a video. bit.ly/BCBAYouTube

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The Advocate

February 2022

Circuit Courthouse Staff List JUDGES

CR

JUDICIAL ASSISTANT(S)

LAW CLERK

COURT CLERK

FAX

JAKUBOWSKI, RUTH ANN

422

15

Amira Savoy 410-887-4818 Samantha Flores 410-887-4281 Chambers 410-887-2628

FINIFTER, MICHAEL J.

433

13

Donna Krauch 410- 887-2642

BALLOU-WATTS, VICKI

505

21

CAHILL JR., ROBERT E

410

18

Melissa Irwin 410- 887-2674

Jordan Riger 410 887-2674

Jennifer Shivar 410 887-3413

410-296-4271

ENSOR, JUDITH C.

433

14

Sandra Leland 410- 887-2668

Amy Moore 410 887-2668

Jeremy Plunkert 410 887-3413

410-887-5910

BAILEY, SHERRIE R.

336

12

Larae Zeman 410- 887-2630

Adam Kruger 410 887-2630

NAGLE III, JOHN J.

361

6

Susan Wernecke 410- 887-4307

Andrew Franchetti 410 887-4307

Tracy Jones 410-887-3413

410-825-3343

ALEXANDER, JAN MARSHALL

410

16

Lisa Daley 410- 887-4849

Ahmed Fadlalla 410 887-4849

Kat (Kathleen) Wade 410 887-3413

410-296-4271

PURPURA, NANCY M.

367

3

Nancy Rumbley 410- 887-2693

Edward Healy 410 887-2693

Kelsey Richards 410 887-3413

N/A

KING, JUSTIN J.

363

8

Holly Phung 410- 887-6531

Pavel Glazunov 410 887-6531

Sarah Cranage 410 887-3413

410-887-2620

GLASS, JULIE L.

336

11

Trish Benjes 410-887-3290

Gabriela Beese 410-887-3290

Ernest Lloyd 410 887-3413

410-887-4160

HANLEY, PAUL J.

342

9

Donna Farmer 410-887-4878

Henry Murphy 410-887-4878

Kim Frazier 887-3413

CAVANAUGH, COLLEEN A.

373

2

Janine Volz 410-887-6507

Joseph Stephan 410-887-6507

Keisha Timberlake 410 887-3413

410-887-2620

TRUFFER, KEITH R.

342

10

Lauren Prinkey 410-887-6515

Cole Smith 410-887-6515

410-887-3413

410-296-1810

ROBINSON, JR. DENNIS M.

409

17

Linda Addison 410-887-2250

Isabel Garcia 410-887-2250

Maureen Summerville 410-887-3413

N/A

BATTISTA, ANDREW M.

504

20

Nancy Danna 410-887-6504

Michael Hart 410-887-6504

James Baseman 410-887-3413

N/A

MAYER, STACY A.

505

19

Kathy Schwender 410-887- 6510

Hunter Gallagher 410-887-6510

Kashic Stinson 410-887-3413

N/A

February 2022

Brittney Southward 410- 887-2690

Valerie Gynn 410-887-2628

Theia Robinson 410-887-3413

410-296-1324

Evan Raigrodski 410-887-2642

Taylor Strategoes 410 887-3413

410-887-5910

Sandy Lamy 410 887-2690

Morgan Gabriele 410 887-3413

410-296-1324

The Advocate

JR (Ryland) Davis 410 887-3413

410-887-4160

410

410-296-1810

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Circuit Courthouse Staff List JUDGES

CR

JUDICIAL ASSISTANT(S)

LAW CLERK

COURT CLERK

FAX

EPSTEIN, WENDY S.

373

4

Margaret Adkins 410-887-3650

Miranda Walker 410-887-3650

Christine Gallagher 410-887-3413

GLENNON, GARRET P.

361

7

Margaret Favaro 410-887-1810

Djaq Morris 410-887-1810

Casey St. John 410-887-3413

–

–

410-887-2922

410-887-2620 N/A

SETTLEMENT JUDGES HOWE,, MARTIN, COX, NORMAN, DEELEY, PIERSON

507

–

Brandon Roemer, Katie Fisher Shannon Calloway 410- 887-2920

JUDGE HENNEGAN

G-9

–

410-887-2982

–

–

–

JUDGE FADER

420

–

410-887-2895

–

–

–

MAGISTRATE ASSISTANT(S)

MAGISTRATES

EXTENSION

FAX

414

HR D

Cindy Whitestone

x 5569

415

HR G

Cindy Whitestone

x 5569

x 0137

417

HR F-4

Cindy Whitestone (Civil) Amanda Hannah (Juvenile)

MCALLISTER, RICHARD x 4800

413

HR E-4

Amanda Hannah

x 4554

410-825-0892

FRANCOIS, SIDNEY J. x4397

419

Amanda Hannah

x 4554

410-825-0892

POLLEY, CARRIE

x 8611

339

HR C

Ann Marie Cordial

x 8611

WOODS, CATHERING x8611 CR: 5842

338

HR A

Ann Marie Cordial

x 8611

FARMER, JAMES R.

G-9

HR B

Donetta Daniels

x 2829

BECK, C. THERESA MCBEE, MICHAEL

PALIATH, DILIP

x 5564

x 6138

x 5569 x 4554

–

410-825-0892 410-825-0892

410-825-0892

410-887-2747

BCBA Masks and Cufflinks Now Available Masks $10

Cufflinks $25

Stop by or call the bar office to purchase yours!

40

The Advocate

February 2022

OTHER COURT CONTACTS Court Administrator Tim Sheridan RM 421 x 2687 Deputy Court Administrator Stephanie Medina R M 418 x 6578

Family & Civil Law Manager Abigail Cohen x 6575

Family Mediation Director Anna Walsh RM 515 x 6573

FESP Office RM G-11 Lisa Gabriel x 0152

Adult Drug Court Jessica Roberson RM 515 x6573

Self Help (Info Line) x 3446 Terrell Warren x 3039

Permanency Planning Coord.

Shawna Johnson RM 405 x 2744

Juvenile Notification Caller Shauntia Easley x 6141

Family Recovery Court Gail Kennedy RM 405 x6159

Court Researcher Lisa Wyckoff x 6908

Family Services Coordinator Briana Shirey x 6052 Family Support Services Office Coordinator x 8614

Bar Association 410-337-9100/9103 Rachel Ruocco, Executive Director Amber Gaines, Executive Assistant Gavin Kemp, Lawyer Referral Coordinator

Civil ADR Administrator Betty Fulmore-Thomas x 0703

Child Support Enf RM G-10 Child Support Inquiries 800-332-6347 410-561-3079 Adina Tanasescu 410-561-2157 Susam Parks 410-561-8435

Conference Phone 410-887-8551

POARP Office Mariah Hosie

Central Assignment Patti Lucchesi, Director RM M08 x 3497 Kelly Schulte, Assistant Director

Court Psychiatrist’s Office x 6555, fax 6556

Civil Assignment Civil Clerk Civil Family Law Clerk

x 2660 x 2622 x 2614/2617

Criminal Assignment Criminal Clerk Expungements

x 2660 x 2622 x 3090

x 3086 Digital Recording RM 403 Mary Ayd RM 405 baltodigrec@mdcourts.gov

IT Manager Steve Schauber

x 4570 Spanish Court Interpreter x 2602 Blanca Picazo blanca.picazo@mdcourts.gov

Judges Line for Jury Office* Jury Office Rachel Christopher Assistant Jury Commissioner David Pomplon Clerk of Court

Sherrif’s Office - Sgt.’s Desk x 3157 General Number x 6151 Orphans Court Anna Pearce

RM 501

Lobby Appellate Law Clerks Mail Room

Court of Appeals Judge McDonald/Kathy Izdebski RM 503 x 3206 Judge Wilner/Georgene Kaleina RM 349 x 2679

x 2618

Supervisor Courtroom Clerks Brad Gorney

x 2026

Juvenile Clerk

x 3836

File Room

x 3551 Clerk’s Office IT Office

x 5500 Print Shop

x 2903

Upstairs

Liens x 2414 Real Estate x 2403

x 3494

x 6730

Foreclosure Reviews Jeff Dobson Tamer Shourbagy

Copy Center

x 6516 Clerk’s Office File Room Joshua Morris

x 2612

February 2022

x 4873 x 4863

x 5814 Court of Special Appeals: x 3596 Judge Wright RM 349 x 3286 M-10 Judge Friedman/Jennifer Carson fax 5721 RM 502 x 2647 Ellen Draper x 3113 x 2998

Julie Ensor

x 3162

Interpreter Coordinator x 3497 Erin Smith

Law Library 2nd Floor Scott Stevens, Director RM 405

DCM Office M-08 Domestic Family x 2509 Non-Domestic Civil x 3233

Tax Liens x 3088

Reg. of Wills Office Mail x 6680 Register of Wills Alexis Burrell-Rohde x 6560 aburrellrohde@registers.maryland.gov x 3131

Adult Guardianship Case Manager RM 420 Jessica Labenberg x 2759

Human Resources

x 3121

Trusts Jennifer Wheeler

x 3469 Criminal Case Manager Brittany Jackson x 2853

The Advocate

x 3494

RM 420

41

Position Announcement

Job Title: Program Manager, Access to Counsel Summary: The mission of the Maryland Legal Services Corporation is

to ensure low-income Marylanders have access to stable, efficient, and effective civil legal assistance through grantmaking to nonprofit legal services Position Announcement organizations. MLSC seeks a full-time program manager to coordinate two new statutorily created programs: a statewide Access to Counsel in Evictions program and a Right to Counsel in Evictions program specific to Baltimore City.

Title: Program Manager, Access to Counsel Our office is located in downtown Baltimore, and we work in a hybrid Job format.

More information about MLSC can be found at www.mlsc.org. The Program Manager will report to the Executive Director. this is a grant-funded position, currently funded through June 2024, with a high probability Summary: The mission of Maryland Legal Services Corporation is to ensure low-income Marylanders of continuing beyond that date.

have access to stable, efficient and effective civil legal assistance through grantmaking to nonprofit legal

Primary Responsibilities: services organizations. MLSC seeks a full-time program manager to coordinate two new statutorily statewidepartnerships Access to Counsel in relevant Evictions program and aand Right to Counsel in • Coordinate implementation of both a statewide Access to Counsel created• programs: Work toadevelop with institutions specific to Baltimore City. in Evictions program and a Right to Counsel in Evictions program Evictions program individuals. specific to Baltimore City, including convening stakeholders, • Perform occasional research related to policies and practices. is located MLSC’s in downtown Baltimore, and we workCity, in a hybrid format.

More information about assisting with program and support system design, and performingOur office • Manage reporting to the State, and other entities.

MLSC canReporting be found at will www.mlsc.org.

The Program Manager will report reporting to the Executive Director. This is outreach to key constituencies. include compiling project outcomes, a grant-funded position, currently funded through June 2024, with high probability of continuing beyond • Manage grantmaking to legal service providers, including working financial data, and writing narratives. that date. with other staff to develop application and reporting processes.

• Ensure compliance with state and local laws, and regulations.

• Manage contracting with project vendors.

• Responsibilities: Ensure equity is centered in implementation and outreach, as noted Primary • Monitor contractor and grantee performance and evaluation, in theimplementation preambles toofboth State and City legislation.

• Coordinate both the a statewide Access to Counsel in Evictions program and a Right including using MLSC-collected data and coordingating with outside to •Counsel Participate in and/or staffing support for various relevant in Evictions programprovide specific to Baltimore City, including convening stakeholders, evaluator. workgroups orand committees. assisting with program support system design, and performing outreach to key constituencies.

Manage grantmaking to legal service providers, including working with other staff to develop application and reporting processes.

• Excellent communication skills and ability to thoughtfully consider Manage contracting with project vendors. ideas from diverse stakeholders.

Monitor contractor and grantee performance and evaluation, including using MLSC-collected data • Excellent project managment and organizational skills, including and coordinating with outside evaluator. to prioritize and quickly respond to and adapting needs.

Work ability to develop partnerships with relevant institutions individuals.

• Ability to work bothrelated independently andpractices. with a team.

Perform occasional research to policies and • Comfort experience with using technology.

Manage MLSC’s and reporting to the State, City and other entities. Reporting will include compiling project outcomes, reporting financial data and writing narratives. compliance with stateletter and local and regulations.

Salary/Benefits: $68,000-$78,000 salary depending on experience • Ensure To apply: Send cover andlaws resume with “Program Manager in equity is centered in implementationPlease and outreach, as noted in you the preambles and skills, plus generous benefits package including health, dental, • Ensure the subject line to info@mlsc.org. mention where saw this to both the and CityApplications legislation. will be accepted until the position is filled, but long-term disability, retirement plan, and company-paid parking/transit State posting.

• Participate in and/or staffing support various consideration. relevant workgroups or committees. allowance. please apply byprovide January 13, 2022 forforpriority • Qualifications/Skills: • Strong commitment to access to justice and familiarity with • Maryland’s civil legal aid system.

• • Experience with rent court in Maryland strongly preferred.

• Bachelor’s degree or significant experience in Maryland’s civil legal• aid system required. Law degree may be helpful.

• • Experience with grant reporting required. Experience managing • federal grants preferred.

Qualifications/Skills: • Strong commitment to access to justice and familiarity with Maryland’s civil legal aid system.

• Experience with rent court in Maryland strongly preferred.

• Bachelor’s degree or significant experience in Maryland’s civil legal aid system required. Law degree may be helpful.

• Experience with grant reporting required. Experience managing federal grants preferred.

• Excellent communication skills and ability to thoughtfully consider ideas from diverse stakeholders.

• Excellent project management and organizational skills, including ability to prioritize and quickly respond to adapting needs.

• Ability to work both independently and with a team.

• Comfort and experience with using technology.

42

The Advocate

February 2022

Baltimore County Bar Association

SAVE the DATE

Stated Meetings: 10/21/21 2/17/22 6/16/22

Follow Us On Facebook

     Aberdeen Ironbirds Game and Crab Feast August 21 6pm

Party in the Plaza: Celebrating 100 Years of the BCBA

Ravens Tailgate

Law Clerk Orientation & BCBA Happy Hour The Pointe, Towson September 30

October 17

September 23

Memorial Service Zoom November 18 3:30p.m.

Young Lawyers Holiday Lunch December 2 12-2pm

Mystery Ingredient Reveal February 23; 6pm Live Results Show March 9; 6pm

May 17

February 2022

December 9

BCBA Chopped

Black Tie Banquet Martin's Valley Mansion

Law Day Breakfast & Noon Ceremonies May 2

Holiday Party

Golf Tournament Woodholme Country Club

Bar Wars Team Trivia Barley’s Backyard in Towson April 5

Young Lawyers Field Day

May 23

TBD

The Advocate

43

Baltimore County Bar Association

Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD

100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 (T) 410-337-9103 (F) 410-823-3418 www.bcba.org

Member Advertisements OFFICE SPACE AVAILABLE CATONSVILLE

Office Space Available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256.

Office Space for Rent. 1002 Frederick Road, 2nd floor office. Private entrance, semi-private restroom, use of conference room and kitchen on first floor.

Free parking. Would be a great satellite office. Please contact Lou Weinkam, Jr. at 410-744-3256, ext 103.

OWINGS MILLS

Offices to rent: Share space with two solo Family Law practitioners. One or two offices available in a convenient office park off Red Run Boulevard.

Includes use of conference room, kitchen, and in suite bathroom. Call Steven at 410-979-8250

TOWSON

Two offices to rent. We are a block from the courthouse. Use of office, telephone, copier, and fax, plus secretarial space are included. Call Frank at 410-296-6820.

Nicely furnished office space with parking, half block from circuit court.

Pete McDowell 410-960-2536.

Two to three offices within existing office space, just below 695, free parking, furnished if desired, use of telephone, copier, fax, conference room, Internet, paralegal/secretarial help available. Anne 410-337-8577 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom, and kitchen on first floor, free parking space available, rent negotiable $50-$100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-823-4214 or 410-790-1980.

HIRING Small firm in Towson looking for an experienced, part-time legal assistant/ secretary two to three days a week.

Any experienced candidates should contact Robert Jacobson at 410-583-8883.

Full time associate. Licensed in Federal and Maryland State court.

Law Offices of Nick Del Pizzo Njdelpizzo@aol.com

Don’t forget to update your information on our website!

Click here to access or go to www.bcba.org