The Advocate - June 2022 by Baltimore County Bar Association

Advocate

The

June 2022

Newsletter of the Baltimore County Bar Association

VOLUME XXXI, NO. 11

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

Title Sponsor - Corporate Growth Solutions Team

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June 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 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 Sally C. Chester Joe Collins Claudette Erickson Suzanne K. Farace Shannon Kreiner Nancy M. Purpura Jennifer W. Ritter Laure Ruth

Inside This Edition Ask the Trial Doctor.............................................................. 35 BCBA Events Golf Outing at WCC......................................................... 18 Prom................................................................................... 10 BCBA Spotlight The Retirement of Judge Stringer..................................... 20 In Chambers with District Court Judge Mike Pate............ 22 BCBA Code of Professionalism......................................... 24 Committee Reports Bench/Bar Committee....................................................... 26 Criminal Law Committee.................................................. 28

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.

Publication deadline: 20th of the month preceding publication.

June 2022

Professionalism Committee................................................ 31 Letter to the Editor.................................................................. 9 Social Justice Maryland as a Safe Space.................................................. 32 The President’s Message.......................................................... 4 The Advocate

The President’s Message Award co-winners, which recognized their dedication to the BCBA over the past several years. I have tried to keep my messages brief this year, but this one will be an exception since there are so many people I want to thank and so many other activities upon which I wish to reflect. Taking precautions for COVID, we moved our holiday party this year from the Towson Tavern, a lovely, familiar, albeit tight venue, to the Barn at Inverness Brewery, where we celebrated with nearly 100 people, complete with a rockstar shuttle bus with wine service to the party. It was a night to remember and a venue I am sure we will enjoy again. I am proud that we officially recognized and paid tribute to Black History Month earlier this year. The cover of the Advocate featured a picture of Justice Thurgood Marshall and contained articles to highlight the month and its importance to our community. And just like that, our Centennial Year of celebrations comes to a close. This year has seen a lot of festivities with many familiar programs and events. We have also enjoyed many new experiences as we cross the proverbial bridge into our next century of service and friendships. It has been my great honor to serve as your president. Last summer, we kicked off this bar year with our first combined crab feast and Iron Birds baseball outing at Leidos Field at RipkenStadium. It was a family affair on a gorgeous evening in July. We invited members of the Harford County and Cecil County Bar Associations, with whom we share some members. Everyone appreciated being able to celebrate together in person. Then, this past September, we hosted our membership kickoff celebration to commemorate our century of service and friendships with our Party in the Plaza, complete with food trucks, a live band, balloons, cupcakes, and over 300 members, guests, and dignitaries. The perfect weather was a gift from above following a morning of what felt like a monsoon. I want to recognize my friends and colleagues on the Executive Council, and especially Jack Turnbull, III, Lisa Settles, and Sondra Douglas, for their unsung work behind the scenes and so much more, which made the party so magical and memorable. After three years in the making and what became a wonderful project during COVID-19, we rolled out our Century Album (on time and on budget). This was the hard work of so many people through the leadership of my friends, Matt Nelson and Marc DeSimone, our Historical Committee chairs and our Judith P. Ritchie 4

After our Chopped Challenge, Grammar Trivia Night, Bar Wars, and over 50 other programs, events and opportunities to gather in person and remotely, we were fortunate to celebrate Law Day in person with two esteemed guests. First, at our morning ceremony, our newest Chief Judge, the Honorable Matthew Fader, addressed the early birds who gathered at the Towson Sheraton. Then, the Honorable Erek Barron, our newest United States Attorney for Maryland and the first AfricanAmerican US Attorney for Maryland, spoke at our noon ceremony in the Plaza. It was a magnificent day on May 2, and the festivities graced the cover of last month’s issue of the Advocate. A special thanks to my friend and Law Day acting chair, Stuart Cherry, for stepping up to make sure both events were so successful. In April, we revised our Code of Professionalism through the dedicated work of our Professionalism Committee led by my friend and chair, Suzanne Farace. One of the critical changes was the recognition of diversity and inclusion reflecting the valuable work of our Diversity and Inclusion Committee, led by my friend and chair, Raphael Santini. Throughout this year, all of our committees have been active and busy, but I especially want to thank Christine Malanga, my friend who chaired the Family Law Committee, for so many well attended and well-received events and service throughout the year. Due to the omicron variant of COVID-19, we were unable to host our Centennial Black-Tie Banquet in January of this year as we have every other year over

The Advocate

June 2022

The President’s Message the past 100 years, with the single exception of last year. However, we moved the “Prom” to May 17, made it a vaccine-certified event and, as our cover this month reflects, celebrated in style and in the great company of 500 members and guests. Not too shabby for an evening when COVID-19 statistics were on the rise, yet again. We included many traditions from the past 100 years and added a few new ones, like the bagpipe procession of our past presidents to start the program, our harpist in the lobby to welcome guests, along with Presidential Awards to our two recently retired judges and my friends, the Honorable Carey Deeley and the Honorable Philip Tirabassi. We are grateful to have had the opportunity to properly thank Judges Deeley and Tirabassi for their lifetime of service, including their tenures as BCBA past presidents in 1996-1997 and 2013-2014, respectively. On May 17, we also rolled out our brand new BCBA Mobile App, a first in Maryland and one of the first in the nation. It may even be the first in the world! The BCBA app allows committee members to collaborate effortlessly and provides discounts to participating sponsors, among so much more. Earlier this year, we also introduced a new and improved Advocate with a professional, magazine-style make-over. Our former version included the president’s picture on the cover of each issue. This new version spotlights significant events during the year, which I know is a whole lot better than another picture of me. So much credit is due to our new graphic designer, Jill Blum, Rachel Ruocco, and the dedication of the Advocate Committee, led by my friends Tracee Orlove Fruman (chair) and Tommy Tompsett (vice chair). We returned to having our chairperson’s dinner, this year at Citron, to thank our committee chairs and vicechairs, who are the lifeblood of the BCBA. Without these dedicated individuals, the BCBA would be lost. We continued our classic golf outing, this year at Woodholme Country Club, thanks to our Entertainment Committee led by my friend and chair, Carmelo Morabito. The event had rave reviews and a fantastic silent auction for this year’s charity, thanks to our Young Lawyers Committee, led by my friend and chair, Adam Konstas. I have had the personal privilege to work with Debbie Phelps and her team throughout the year as we have supported this year’s charity, The Education Foundation of Baltimore County Public Schools. We will not know the grand total raised this year until after this issue of the Advocate is circulated, but despite the obstacles and uncertainty we faced this year, I am thrilled with the June 2022

support shown by our members. If the two very wellattended school supply drives/happy hours are any indication, our Association and its members went above and beyond for The Education Foundation. Again, my thanks to the Young Lawyers’ Committee for its hard work this year. Many believe that dues are enough to do all that we do each year, and while we raised more dues this year than ever before, our sponsors allow us to do so much more. Just looking at the list of activities above, one can easily see that we value all of our sponsors, new and old, and thank them for sticking with us throughout the pandemic and beyond. Our sponsorship discounts available through the BCBA app are just another way we thank our sponsors and reward our members. I would be remiss if I did not express my sincere appreciation and thanks to Rachel Ruocco, our executive director, who along with her incredible team of Amber Gaines, Gavin Kemp, and whiz-kid intern, Cooper Beeson, made everything possible and fun for me and our members this year. It is not until you become president of this marvelous Association that you can appreciate all that Rachel and her team do daily behind the scenes, including evenings, weekends, and holidays, and always with a smile and good cheer. COVID threw some curveballs this past bar year, but Rachel and her team’s enthusiasm and willingness to roll with the punches made this a year I will never forget. I am unbelievably honored to have been your shepherd as we transition from our glorious yesterdays to our promising tomorrows. I am comforted to know that so many expressed such thorough enjoyment and value of their BCBA membership this year. I am sure I have neglected to recognize and thank so many others here, but I hope I have expressed my appreciation for everyone throughout this past year, including my Executive Council members and committee chairs and vice-chairs. I will soon turn the gavel over to my friend, Jack Turnbull, III, whose successes will quickly make my year seem like a distant memory. I have tried to leave this Association in better shape than when I arrived, which I believe is the measure of every great leader. I hope I have succeeded in that regard. Stay well and safe, my friends!

The Advocate

- Stanford G. Gann, Jr. Your 103rd President of the Baltimore County Bar Association 5

Court Notices June District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR 1

JUNE 2022 13 14

8-1 #1

GJP

DJW

GJP

8-1 #2

JBB*

KDP

KJR

JBB

SDW

BEF

NBS

GJP

KYW

8-1 #3

8-1 #4

8-1 #5

KYW

NBS

JBB

NRS

KYW

MWS

8-1 #6

T E

8-1 #7

MWS

NBS

JBB

MWS

8-1 #8

KDP

SDW

KDP

KEM

KDP

MWS

GML

JDL

NBS

KDP

8-4 #1

KJR LR

KJR

MTP

NBS

DJW

KJR/ pm KMD

8-4 #2

DJW/ pm KMD

KMD

KJR/ pm BEF

SDW

DJW

DJW/ pm KMD

8-4 #3

JIL

DJW

KJR

KMD

KJR

NRS

KJR

KMD

KJR

SDW

KMD

8-4 #4

SCZ

?/am GJP/pm SCZ

MLR

KEM

DJW

SCZ

DJW

SCZ

KEM

SCZ

8-4 #5

MLR

KEM

MLR

8-4 #6

KMD

SCZ

MLR

SCZ

JHH

GML

KJR

8-5 #1

KEM

SDW

BEF

JDL*

BEF

JMJ*

BEF

8-5 #2

MTP

NB*

MTP

8-5 #3

LAP

MTP

LAP

SDW

GML

NRS

LAP

Chambers

JUDGES: KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, KMD-Kimberly M. Davis, 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, JIL-Jack I. Lesser, KEM-Keith E. Mathews, JBB-Josef B. Brown, NB-Nathan Braverman, SDW-Steven D. Wyman, MH-Miriam Hutchins, NBS-Nancy B. Shuger, NRS-Norman R. Stone, GML-George M. Lipman, JDL-Jonas D. Legum, JHH-Jamey Hueston, JMJ-JoAnn M. Ellinghaus-Jones Judges’ assignments are subject towithout changefurther without further notice Judges’ assignments are subject to change notice

SAVE THE DATES Stated Meeting of the BCBA

Baseball, Crabs and Fireworks

Thursday, June 16 4:30 PM

Friday, August 5 6:30 PM

Ceremonial Courtroom 5 and Zoom https://us02web.zoom.us/meeting/register/ tZwpfuGorjMuGtOedlrsUYCBdwFNlzq-EtyG

Aberdeen Ironbirds Leidos Field at Ripken Stadium

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June 2022

Court Notices June District Court State’s Attorney’s Schedule MONDAY

TUESDAY

WEDNESDAY

THURSDAY

Date: 1

Date: 2

CA2 LACHMAN CA7 COHEN

CA2 GERRY CA5 DESTEFANO CA7 RIGER

EX1 FISH (PM ONLY) / BORTIS EX2 POTTS EX3 SPENCER

EX1 SMITH EX2 LEGALL EX3 ABELL

Date: 6

Date: 7

Date: 8

Date: 9

TO3 DICKSON TO4 COHEN TO5 FISH

TO2 TO3 TO4 TO5

CA2 FISH CA7 POTTS

CA2 DESTEFANO CA5 LACHMAN CA7 RIGER

LEGALL SPENCER (PM ONLY) SMITH LACHMAN

EX1 DESTEFANO EX2 RIGER

EX1 PENDLETON (PM ONLY) EX2 DICKSON EX3 ABELL

EX1 SPENCER EX2 GERRY EX3 LEGALL

Date: 13

Date: 14

Date: 15

Date: 16

TO3 PENDLETON TO4 GERRY TO5 SPENCER

TO2 TO3 TO4 TO5

CA2 DESTEFANO CA7 FULLER

CA2 SMITH CA5 COHEN CA7 DICKSON

ABELL SPENCER (PM ONLY) SMITH LACHMAN

EX1 DESTEFANO EX2 RIGER

EX1 GERRY (PM ONLY) EX2 PENDLETON EX3 SPENCER

EX1 POTTS EX2 ABELL EX3 FISH

Date: 20

Date: 21

Date: 22

Date: 23

TO3 POTTS TO4 SMITH TO5 PENDLETON

TO2 TO3 TO4 TO5

CA2 SMITH CA7 PENDLETON

CA2 RIGER CA5 DESTEFANO CA7 COHEN

GERRY ABELL (PM ONLY) RIGER LEGALL

EX1 DICKSON EX2 COHEN

EX1 SPENCER (PM ONLY) EX2 POTTS EX3 FISH

EX1 GERRY EX2 ABELL EX3 LEGALL

Date: 27

Date: 28

Date: 29

Date: 30

TO3 DESTEFANO TO4 PENDLETON TO5 LEGALL

TO2 TO3 TO4 TO5

CA2 FISH CA7 DESTEFANO

CA2 POTTS CA5 DICKSON CA7 SMITH

POTTS RIGER (PM ONLY) SMITH DICKSON

EX1 SPENCER EX2 ABELL

EX1 PENDLETON (PM ONLY) EX2 COHEN EX3 GERRY

EX1 LACHMAN EX2 SPENCER EX3 RIGER

Maximilian Franz Photography

June 2022

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June 2022

Letter to the Editor Congratulations to President Gann, Executive Director Ruocco, the Committee, and staff for hosting a memorable and flawless prom. From the pre-banquet cocktail party to the pastry plate dessert, it was a wonderful celebration of 100 years of fellowship and now a representation of how our County is the place of inclusion. Lawyers and judges from all over the State join in the comradeship that we offer through our organization. Young and old gather in one night to celebrate a profession that offers and does more than anyone realizes. The entry of the past presidents was special and combined with the photo montages brought tears to my eyes. I also had many smiles as I saw my beloved friends who have passed,

together in happy days, golfing, at earlier banquets, crab feasts, bull roasts and the many bar events. Then the portraits: Judge Jacobson looked at me with his blue eyes, Judy Ritchie and that “look,” and Gus Hennigan, just so decent. Thank you for the walk down memory lane and the opportunity to meet the future of our bar. What other groups 100 years old can boast a membership that grows in this anti-traditional world? The BCBA can and does. As I wrote in our centennial book, joining was one of the best things I ever did. With deepest gratitude, Sally C. Chester

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BALTIMORE COUNTY BAR ASSOCIATION

ANNUAL GOLF TOURNAMENT AND SILENT AUCTION AT WOODHOLME COUNTRY CLUB MONDAY, MAY 23, 2022

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June 2022

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BCBA Spotlight The Retirement of Judge Stringer A Word from Judge Stringer’s Chamber Neighbor Shortly after my appointment to the Circuit Court in 2011, I met with then administrative judge John Turnbull, who arranged for me to choose a chambers from the three that were then available. I chose one on the third floor which I would share with the Honorable H. Patrick (“Pat”) Stringer. That turned out to be one of the best decisions I have ever made. He came to be not only a valued colleague, but a dear friend. Many adjectives describe Pat: hardworking, honest, kind, intelligent, athletic, thoughtful, reliable, patient, ethical, sincere, and more. He also has a great sense of humor. Married to his high school sweetheart, Pat is a devoted husband, father, and grandfather. It has been an honor to serve on the Court with him, and my great fortune to be his friend. I can honestly say that I have never enjoyed working with someone more than I have with Pat. When people ask me to describe him, I often summarize Pat as “the guy you want your daughter to marry.” He thinks that means he is “boring.” He’s wrong. It means he is the best of men.

Judge Stringer

– Nancy M. Purpura, Associate Judge Circuit Court for Baltimore County

Judge Pat Stringer’s New Role as Civil Motions Judge Although Judge Pat Stringer is no longer a full time Circuit Court judge as of January 11, 2022, he is far from “retired.” He was asked by the circuit bench to continue to handle many civil motions (excluding family law motions), and has been serving in that role since mid-February. The types of motions which may be referred to him include motions to dismiss, motions for summary judgment, motions to enter judgment and discovery motions, such as motions to compel and motions for discovery sanctions. He reviews the motions which are referred to him and put into his MDEC queue. If he can rule on the motion without the necessity of a hearing and if no hearing is required by rule, then he will decide the motion and issue an order. If a hearing is required by rule before disposition, or if the issues are complex and hearing will be helpful to the Court in the disposition of the motion, then Judge Stringer may schedule the hearing before himself, or he may refer the motion to another judge to conduct a hearing and rule on the 20

motion. If Judge String is to conduct the hearing, then his assistant typically reaches out to counsel to obtain agreeable dates and the hearing will be scheduled on the chosen date. If another judge is to conduct the hearing, then depending on the case, the other judge’s assistant, or assignment may schedule the hearing. It is still the case that certain types of motions are sent in the first instance to the Chambers Judge. Emergency motions and some types of routine motions are not referred to him. Similarly, motions in family law cases are not referred to him, but are typically referred to a family magistrate, and that practice has not changed. In addition to his role reviewing and deciding civil motions, Judge Stringer is still presiding over two specially assigned cases which he was handling before his “retirement.” With respect to motions, Judge Stringer offers one practice tip which he learned: “Good legal writing is concise.”

The Advocate

– Michael S. Barranco, Esq. June 2022

BCBA Spotlight A Word from Judge Stringer’s Former Law Clerk As an anxious third-year law student unsure of what I was going to do after graduation, I was encouraged to apply for a judicial clerkship. Law school counselors and other attorneys stressed that a clerkship would not only be important for my career development, but it would likely be the best job I would ever have. After working as Judge Stringer’s law clerk for almost two years, I can say that this was absolutely true. While I enjoyed reading and preparing complex civil motions for hearings, and speaking with jury members after they reached a verdict in criminal cases, it was my relationship with Judge Stringer that I valued most. Judge Stringer is intelligent, thoughtful, kind, and patient. Anyone who stepped in his courtroom was treated with respect and given an opportunity to be heard. As a civil defense attorney, I understand and appreciate the thought and preparation he put into every civil motions hearing. He would read all of the cases cited by the parties and prepare pages of questions and handwritten notes. He is a meticulous note taker and has an exceptional ability to synthesize and simplify complex legal issues. On my first day as a law clerk, I was shocked and impressed to find that the entire perimeter of his office was filled with chronologically organized binders of his notes from every hearing since he took the bench. Judge Stringer does not take shortcuts and is not afraid to take the time he feels is necessary to reach the right decision. In addition to his intelligence and thoughtfulness, he is incredibly kind and patient. These are the qualities I admire the most about Judge Stringer. While practicing law can feel like “Groundhog Day” to attorneys handling the same type of cases, day after day, litigants often view their “day in court” as an anxious or emotional experience. During contentious family law cases, such as custody or divorce proceedings, Judge Stringer had an ability to calm the courtroom. He would often call litigants up to the bench and let them explain their positions so they would feel that they had been heard. Because he is a devoted family man, Judge Stringer would often explain to the parents how their unkind actions towards each other would impact the lives of their children. These bench conferences usually resulted in a more pleasant and civil resolution.

June 2022

In practice, I have met many attorneys who share my sentiments. The usual responses I get when I tell other attorneys that I clerked for Judge Stringer are that they loved being in his courtroom, that he is very intelligent, or they share a story of a case they had in front of him. I could not agree more with Judge Purpura’s description of Judge Stringer as honest, ethical, and sincere. I recall that I once heard Judge Stringer tell a group of attorneys that he believed that one of his kids had played sports with one of the attorneys’ kids approximately thirty years prior, but that it would not affect his ability to be fair or impartial. Even though the attorneys chuckled and assured that they would have no objection, Judge Stringer wanted to make sure that he was being honest and fair to all of the parties. Judge Stringer has been the best professional and personal role model. As I continue in my legal career, I hope to handle all cases and encounters with the same level of preparation, thoughtfulness, and ethics. It is truly an honor to have worked for Judge Stringer.

The Advocate

– Claudette Erickson, Esq.

BCBA Spotlight In Chambers with District Court Judge Mike Pate “Being a litigator, sometimes it gets ugly, but that does not mean you can’t get along with opposing counsel. Competition can be competitive without becoming antagonistic.”

Judge Michael Pate grew up in the Bethesda - Chevy Chase area of the suburbs of D.C. His father was a career service member and his mother stayed home to look after the house and children. Growing up, Judge Pate was a competitive child who loved sports. Judge Pate met his wife while attending the University of Baltimore School of Law. They have two adult children together and a German Shepard. Judge Pate took time out of his busy schedule to discuss his legal career, what led him to the bench, and how civility should define the profession in and out of the courtroom. What made you want to become an attorney?

The earliest influence on my decision was my uncle. He was an attorney in D.C., and growing up he was the coolest guy I knew, but becoming an attorney was not a lifelong dream of mine. I was a competitive child who loved sports, and that was what drove me forward. I attended public school in the Bethesda-Chevy Chase

Judge Pate area and upon graduating high school I decided to head to North Carolina for college. After graduating from

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June 2022

BCBA Spotlight the University of North Carolina with a B.S. in business administration, I returned to the D.C. area and started working in finance. I still had no idea what I wanted to do after graduating until one of my friends headed to law school, and convinced me to give it some thought. I applied to the University of Baltimore School of Law and waited to hear if I had gotten in. A bit of time passed and the first day of class was rapidly approaching, and it started to slip to the back of my mind. I still remember that the day before classes were scheduled to begin the phone rang and my mother picked up. She then called into my room somewhat nonchalantly and asked if I still wanted to go to law school, and obviously, I jumped at the opportunity. Can you tell me a little about your career path following law school?

Once in law school, I was still a bit unsure of what I wanted to do with my law degree. I took a clerk position with the Baltimore County State’s Attorney’s Office and that position confirmed that I wanted to be a litigator. After graduating from the University of Baltimore, I went to work for the Baltimore County State’s Attorney’s Office as an Assistant State’s Attorney for about six years until my family started to grow. After having my children, I decided it was time to go into private practice. I became an associate at Covahey, Boozer, Devan & Dore, P.A. where I practiced for about eight years. After that, I decided to try my hand as a solo practitioner until I was appointed to the bench. What made you want to become a Judge?

As I approached 40, I started considering becoming a judge. I had been through years of litigation and seen the good, the bad, and the ugly. I thought I had a good understanding of the legal system and the personality to make me a good judge. At about the same time a position on the court opened up and I decided to give it a shot.

What is your approach from the bench?

The most important thing is to keep things in perspective. Everyone has their own side to a story and you need to hear them out. I have been a prosecutor and a defense attorney, and I worked in the public sector, for a private sector firm, and as a solo practitioner. These experiences allowed me to better understand the various perspectives of the lawyers who come before me in the courtroom. You have done work with the Baltimore Jail and Prison Ministry; can you talk a little about that?

Attending church as an attorney, I heard a lot about outreach to those in prison, so I decided to get involved. While I was still practicing as an attorney, I started leading a Bible study group at the Baltimore City Detention Center. I think that I got more out of it than the members of my study group did. People serving time lose their freedom and often their family and friends. Prison is a difficult and lonely experience, but the challenge continues after the sentence. They have lost their support system and have to live with the stigma of being an ex-convict. It is an important part of their rehabilitation to provide support and compassion. Now that I am a judge, I don’t have the time or ability to lead a Bible study group and actually go into these detention centers and do hands-on work, but I do still serve on the Administrative Board. Any advice for those of us just getting started in the legal profession?

Keep moving forward. That is what has driven me to where I am now, the desire to keep moving. More importantly, make friends, there is no reason to make enemies, life is hard enough without them. Being a litigator, sometimes it gets ugly, but that does not mean you can’t get along with opposing counsel. Competition can be competitive without becoming antagonistic. Besides, the person sitting across the aisle from you today could be sitting on the bench in 15 years. – Joe Collins, Esq.

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June 2022

The Advocate

BCBA Spotlight Baltimore County Bar Association Code of Professionalism This year, one undertaking of the Professionalism Committee under the leadership of committee chair, Suzanne Farace, was to modernize and update the BCBA Code of Professionalism. William F. Alcarese, Jr. and Michael S. Barranco spearheaded a workgroup to revise the prior code. With input from many committee members, as well as President Gann and the Executive Council, the updated Code was endorsed by the full committee and presented to the Executive Council. Final approval by the Executive Council was received on April 1, 2022. Below is the updated Code. PREAMBLE AS AN ATTORNEY MEMBER OF THE BALTIMORE COUNTY BAR ASSOCIATION, MEMBER RECOGNIZES THAT THE CONTINUED SUCCESS OF OUR NOBLE PROFESSION DEPENDS ON THE EXERCISE OF PROFESSIONALISM AND EXTENDING BASIC COURTESIES TO OTHERS. MEMBER, THEREFORE, PLEDGES TO ABIDE BY THE FOLLOWING CODE OF PROFESSIONALISM: 1. PROFESSIONAL CONDUCT: At all times, Member shall adhere to the provisions of the Maryland Rules of Professional Conduct and shall aspire to the “Ideals of Professionalism” as published as an Appendix to such Rules. 2. CIVILITY: Member shall strive to: (1) enhance the public perception of lawyers; (2) exemplify and promote the highest ideals of the legal profession; (3) be courteous in all professional relations; and (4) encourage courteous behavior in others. 3. DIVERSITY, INCLUSION AND EQUITY: Member shall respect, support and promote diversity, equity and inclusion of all individuals regardless of background, age, race, ethnicity, national origin, culture, ability and disability, gender, identity, sexual orientation, marital or family status, religious or spiritual belief, or socioeconomic status. 4. PREPARATION: Member shall be adequately prepared on all professional occasions. 5. ZEAL AND COMMITMENT: Member shall represent Member’s clients zealously and, after becoming thoroughly knowledgeable concerning the facts of the matter and the applicable law, shall strive to achieve a desirable result as expeditiously and inexpensively as possible. In doing so, Member shall exercise independent professional judgment as to the merits of the issue and its appropriate resolution and shall not allow a client’s improper or unethical motives to interfere with Member’s exercise of professional judgment. 6. PUNCTUALITY: Member shall return telephone calls and respond to other forms of communications, including electronic communications, with reasonable promptness. Member shall be punctual and prepared for all trials, hearings, depositions, conferences and other proceedings. Member shall make best efforts to notify promptly all persons affected by any delay that prevents Member from appearing on time. 7. COMMUNICATION BETWEEN LAWYERS: Member shall be certain that others can rely on Member’s word. Member shall always be courteous, candid and honest in Member’s communications with other lawyers. Member shall be mindful of civility in electronic communications. Member shall honor all oral agreements. Member makes and shall memorialize those agreements promptly in order to avoid misunderstandings. Member shall not criticize opposing counsel in a personal or hostile manner at any time. In negotiations, Member shall act courteously and negotiate in good faith. Member shall state information and proposals to other parties accurately and within the authority granted by the client. Member shall note changes and deletions made to documents submitted for approval by opposing counsel. Member shall not quibble unnecessarily over style, but will focus on the substance of the matter at issue.

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June 2022

BCBA Spotlight 8. DEADLINES: (1) Before scheduling dates or imposing deadlines, Member shall reasonably attempt to accommodate calendar conflicts of other attorneys resulting from previously scheduled hearings, depositions, meetings, conferences, vacations, seminars, or other important commitments. (2) Member shall agree to reasonable requests for extensions of time and for waiver of procedural formalities when the legitimate interests of their client will not be materially and adversely affected. (3) Member shall not request an extension of time solely for the purpose of unjustified delay or to obtain an unfair tactical advantage. (4) Member shall avoid last-minute cancellations or requests for extension of time except in cases of legitimate necessity. (5) Member shall not make scheduling, filing or service decisions that unfairly limit another party’s opportunity to prepare or respond. (6) Member shall not impose arbitrary or unreasonable deadlines for actions by others. (7) Member shall notify other counsel at the earliest time when trials, hearings, depositions, meetings, or conferences are to be cancelled or postponed. 9. COMMUNICATIONS WITH THE COURT: (1) Member shall speak civilly to all court personnel. (2) Member shall be mindful of time constraints when requesting hearings, provide accurate estimates of trial and hearing requirements and shall attempt to schedule lengthy proceedings well in advance. (3) Member shall not attempt to alter the appearance of neutrality in dealings with court personnel. (4) Member shall promptly notify the court when cases have been settled. (5) Member shall refrain from making unauthorized ex-parte communications. (6) Member shall communicate reasonable and rational positions to permit the Court to make decisions. 10. DISCOVERY: (1) Member shall (a) limit discovery requests to items that are reasonably necessary for the preparation, evaluation and presentation of their client’s case; (b) conduct discovery in a courteous and respectful manner; (c) conduct discovery without harassing or intimidating any person; and (d) voluntarily withdraw any claim or defense that in the exercise of good faith should be withdrawn as a result of information received during discovery. (2) Member shall refrain from (a) interpreting the adverse party’s discovery requests in an artificially restrictive manner; (b) engaging in any conduct during a deposition that would be inappropriate in open court, conflict with the spirit of the Maryland discovery rules or otherwise lack civility; (c) delaying a response to discovery requests; or (d) producing documents in a disorganized or unintelligible fashion, or in a way calculated to obscure a particular document. 11. SETTLEMENT AND ADR: (1) Member shall encourage Member’s clients, when appropriate, to explore the possibility of settlement as soon as enough is known about the case to make settlement discussions meaningful. (2) Member shall consider the issue of whether Member’s client’s interests would be better served by alternative methods of dispute resolution, and apprise their clients of such alternative methods. 12. SERVICE TO COMMUNITY AND THE BAR: Member shall aspire to contribute time, talent or resources to the betterment of Member’s communities, ensuring pro bono representation and the availability of justice to all persons in need. Member shall engage in activities which support and promote the betterment of the legal profession and serve the purposes and Mission Statement of the Association. 13. EDUCATION AND MENTORING: Member shall aspire to participate in and support continuing education activities and mentoring to promote excellence in the profession.

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June 2022

The Advocate

Committee Reports Bench/Bar Committee: May 2022 At the Bench/Bar meeting held May 12, 2022, we were very fortunate to have Tommy Tompsett, Esq. of Harris, Jones, Malone present to us a summary of bills that were passed in this past session of the General Assembly, that ended on Sine Die, April 11, 2022, with a bang, not a whimper. For the most part, he focused his presentation on new laws that impact the judiciary, court and lawyers (isn’t that all laws?). His presentation took up the bulk of the meeting and was well-received and informative. Of the over 2000 bills introduced, only 491 became law (243 at the time of his presentation), which is not atypical. Most of these bills will be effective on October 1, 2022, with some exceptions. This is an election year, and the progressives in Annapolis had a lot of momentum to get things done, which they did. There were over two dozen bills sent to the Governor prior to the end of the session, vetoed by the Governor, and then overridden by the legislature. The Governor let some bills go into effect

without his signature. The following is an incomplete list of bills Mr. Tompsett covered. First off, the legalization of recreational cannabis will be on the ballot this fall (House Bill 1, and HB 837). The companion bill addresses some attendant issues, if the referendum passes, next year the legislature will spend time fleshing out exactly how it would work. Once effective, a person over 21 years old may possess small amounts of cannabis, and may share it with other adults as long as no remuneration is involved. There are provisions for expungement of prior convictions and for review of sentences for people currently incarcerated. There were several bills addressing landlord tenant issues, and several bills addressing system involved juveniles. A bill to enshrine abortion protection in our state constitution failed (HB1171), but another bill (HB937) will increase who can provide abortion care (over 50% of abortions are medical, by prescription medication, not a procedure) and provide funding for training. Sweeping climate change laws were made law, including reducing our carbon footprint by dates certain in the future. Jury per diems were increased from $15 to $30 for the first 5 days of service (SB775/HB208), and sheriff service will increase from $40 to $60 (HB176). House Bill 1448 provides the District Court with concurrent civil jurisdiction with a governing body of a county

The Advocate

June 2022

Committee Reports over a proceeding for adjudication of a violation of an ordinance enacted by a charter county or in other certain circumstances, effective June 1, 2022. Senate Bill 452/ HB349 limits seeking information in small claims court. House Bill 244 changes damage calculations to limit what can be considered. Sb 451 limits the statute of limitations in unlawful employment practices. SB17 will require additional judicial training for judges and magistrates who hear cases where domestic violence or child abuse has been alleged. SB20/HB284 expands Maryland’s Tender Years Doctrine for children under age 13. SB328/HB148 expands our stalking crime to include electronic communication. SB280/HB296 will allow for remote filing for temporary orders of protection from certain organizations or places. HB817 addresses merger in sentencing when one of the crimes is a violation of a protection order. Suffice to say, Mr. Tompsett had his hands full addressing many, but certainly not all of the laws that will be new on the books. We thank him for his knowledge. You can reach him at tommy.tompsett@mdlobbyist.com. To see more details about these and any other bills, go to mgaleg.maryland.gov/mgawebsite. The rest of the meeting was relatively abbreviated due to time. President Stan Gann reminded members of the Banquet on May 17, 2022, where the new BCBA app would be introduced, the May 23 golf outing including a silent auction to benefit Education Foundation, and the May 26, 2022 legislative update being offered by Delegate Jon Cardin. Judge Jakubowski reported that all systems are a go in the Circuit Court, with jury trials ongoing. Masks are not required but are suggested as COVID numbers are once again going up. Jury selection will occur at the American Legion at least until September 30, 2022. The County has agreed to quickly do a build out of the old 9-1-1 space in the building to create a new, large jury room. It should be functional by July 2023! The Law Library has reopened and is spacious, has computer terminals, and offices, and the Judge invites all to come take a look. Judge Jacubowski

announced that fees for family services will all end as of July 1, 2022, except for mediation and parenting classes. Settlement court is now in person. An appointment for the vacancy created by Judge Stringer’s retirement is imminent (we hope!). Judge Jacubowski indicated the court has dates for civil and family law cases in 2022, but they are finding that the lawyers are not available. Finally, Patty Lucchesi, the central assignment director retired after 40 years at the courthouse. We wish her well. Magistrate Paliath reminded folks that it takes 48 hours for documents to make their way from the clerk to chambers, so if you file something 48 hours or less prior to a hearing or trial you should contact chambers to make sure they get what you need them to have the day of trial. The Registrar of Wills office let everyone know that legislation passed to eliminate small estate fees. Judge Wilson informed the Committee that the Baltimore County District Court will launch a pilot on June 6, 2022, regarding failure to pay rent cases. They will be moving from paper pleadings to file and serve, and landlords will be able to file up to 300 cases at once. Save a tree! The clerk’s office just added that they are still experiencing some turnover, but the majority of cases are set for trial, although some are not set until late 2022. You may file a motion to move your case forward and they will try to accommodate. State’s Attorney Scott Schellenberger reported that his office has resolved 54 homicide cases either through trial or plea, and credited the availability of juries for that number. He also indicated he has several new hires starting in district court. The Family Law Committee has one remaining session, May 26, a legislative update followed by happy hour. The Diversity and Inclusion Committee will continue their “What Diversity Means to Me” on a date TBD, with Johnny O as the speaker. And finally, the next Bench-Bar Committee Meeting will be a webinar open to all members on June 6, 2022, at 8 am. – Laure Ruth, Esq.

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June 2022

The Advocate

Committee Reports Criminal Law Committee: Criminal Law Update Williams v. State, No. 37, September Term 2021 In 2008 in the case of Price v. State, 405 Md. 10 (2008), the Court of Appeals held that inconsistent verdicts shall no longer be allowed in criminal jury trials, overruling the Maryland common law which permitted them. However, the Court did not indicate at that time whether the new rule applied to legally inconsistent jury verdicts, factually inconsistent jury verdicts, or both. Four years later, in McNeal v. State, 426 Md. 455, 461-62 (2012), the Court clarified that the new rule applied only to legally inconsistent verdicts and that factually inconsistent jury verdicts would still be tolerated. Now, nine years later, the issue has once again presented itself in Williams v. State, No. 37, September Term 2021. Williams is an appeal from a conviction in the Circuit Court for Charles County. Williams was convicted by a jury of second-degree murder, possession of a regulated firearm while under the age of twenty-one, and wearing, carrying, or transporting a handgun in a vehicle. He was acquitted of first-degree murder, first-degree assault, and use of a firearm in the commission of a crime of violence. The State’s theory, as articulated at trial and in a pre-trial bill of particulars, was that Williams shot and killed the victim. Williams’s attorney objected to the verdict on the basis that the conviction for second-degree murder was inconsistent with the acquittal on first-degree assault because the first-degree assault is a lesser included offense of the murder. The trial court denied the request and accepted the verdicts. On Appeal, the Court held that the verdicts were not legally inconsistent and upheld the convictions. The Court began its analysis by discussing the law of inconsistent verdicts as established by Price and McNeal and then further discussed in State v. Stewart, 464 Md. 296 (2019)(per curium). The Court noted that a legally inconsistent verdict occurs when “a defendant is convicted of an offense but acquitted of another offense that has the same elements as the offense of which the defendant was convicted.” Williams, slip op at 1 (citing McNeal, 426 Md. at 458). “Verdicts are factually inconsistent where proof of the charged offenses involves establishing the same facts and the offenses have different legal elements.” Williams, slip op at 1 (citing McNeal, 426 Md. at 462). Price involved a legally inconsistent verdict where the defendant was found guilty of possession of a firearm during and in relation to a drug trafficking offense but 28

not guilty of all drug trafficking charges. McNeal involved factually inconsistent verdicts where the defendant was found guilty of possession of a regulated firearm by a disqualified person and not guilty of wearing, carrying, or transporting a handgun. The distinction between the two inconsistencies lies in the trial court’s ability to determine if a verdict is legally inconsistent because one of the crimes has a unique element, but “there may be various explanations for factually inconsistent verdicts, including lenity, mistake, or compromise.” Williams, slip op at 15 (citing McNeal, 426 Md. at 472-73). The concern with correcting a factually inconsistent verdict is that it “would risk invading the province of the jury with regard to factual determinations.” Williams, slip op at 15 (citing McNeal, 426 Md. at 471). “By allowing factually inconsistent verdicts in criminal jury trials, ‘we reaffirm[ed] the historic role of the jury as the sole fact-finding body in’ such trials.” Williams, slip op at 16 (quoting McNeal, 426 Md. at 472). In a per curiam opinion, the Court in State v. Stewart, 464 Md. 296 (2019), once again tackled the issue of inconsistent verdicts with Judge Greene explaining: The majority view of this Court is to affirm our pronouncement in Price and McNeal that legally inconsistent verdicts will not be tolerated in Maryland. In addition, a majority of the Court agrees that a two-step inquiry is required for determining whether a verdict is legally inconsistent. . . . In sum, a reviewing court must first confirm that the trial judge correctly instructed the jury regarding the two crimes’ elements. Then, the judge must ascertain whether a crime for which the defendant was found not guilty is a lesser included offense of the crime for which the jury found the defendant guilty.

Williams, slip op at 18 (quoting Stewart, 464 Md. at 355 (Greene, J., concurring and dissenting)). The Court in Williams applied the two-part test and concluded that the guilty verdict for second-degree murder was not legally inconsistent with the not guilty verdicts of first-degree assault and use of a firearm in the commission of a crime of violence because the trial court properly instructed the jury regarding the crimes and neither of the not guilty crimes are lesser included offenses of second-degree murder. Williams, slip op at 19. The Court declined to look toward the facts adjudicated

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June 2022

Committee Reports at trial, the indictment, or the bill of particulars, all of which indicated the State’s theory was that the victim was shot, to conclude that the jury reached legally inconsistent verdicts. To do so, the Court noted, would “intrude upon the province of the jury in an attempt to reconcile factual inconsistencies.” Id. at 20. The Court also addressed the issue of whether the trial court should have considered post-verdict statements made by jurors, and an affidavit provided from one indicating the jury may have misunderstood the instructions. The Court reaffirmed the long-standing rule in Maryland that a juror may not impeach his or her own verdict. Id. at 29 (citing Stokes v State, 379 Md. 618 (2004)). “This is because allowing a juror to impeach a verdict ‘would disclose the secrets of the jury room and afford an opportunity for fraud and perjury.’ Other purposes of the no-impeachment rule include avoiding ‘harassment of jurors by disgruntled losing parties; removal of an element of finality from judicial decisions; and through allowing jurors to swear to alleged examples or reprehensible conduct, a decrease in public confidence in the judicial process.’” Williams, slip op at 29-30 (quoting Stokes, 379 Md. at 637).

This prohibition was originally known as “Lord Mansfield’s Rule” and dates back to 1785. Williams, slip op at 30. It is also codified in Maryland Rule 5-606(b) which states in relevant part: In any inquiry into the validity of a verdict, a sworn juror may not testify as to (A) any matter or statement occurring during the course of the jury’s deliberations, (B) the effect of anything upon that or any other sworn juror’s mind or emotions as influencing the sworn juror to assent or dissent from the verdict, or (C) the sworn juror’s mental processes in connection with the verdict. A sworn juror’s affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying may not be received for these purposes. The Court noted, however, that the rule applies to information related to what occurred inside the deliberation room and not “extraneous material that occurred outside the sanctity of the jury room.” Williams, slip op at 33 (quoting Smith v. Pearre, 96 Md. App. 367, 390, cert. denied, 332 Md. 454 (1993)(affirming a trial court’s consideration of a juror’s admission that before the trial concluded the juror watched a television program related to the issue in the case); see also, Wernsing v. Gen. Motors Corp., 298 Md. 406 (1984) (prohibiting juror affidavits stating that they consulted a dictionary not in evidence during deliberation but permitting consideration of testimony from a bailiff and notes from the jury provided during trial). In Peña-Rodriguez v. Colorado, 580 U.S. __ 137 S. Ct. 855 (2017), the United States Supreme Court recognized an exception to the no-impeachment rule in a case where allegations of racial bias by a juror were attested to by two other jurors. The allegation was that the third juror stated that he believed the defendant was guilty because of his race and that he did not believe an alibi witness because he questioned the witness’s immigration status. Id. at 86162. “The Supreme Court concluded that cases of racial bias warranted an exception to the no-impeachment rule because ‘racial bias implicates unique historical, constitutional, and institutional concerns’ and is ‘a familiar and recurring evil that, if left unaddressed, would risk systemic injury to the administration of justice.’” Williams, slip op at 35 (quoting Peña-Rodriguez, 137 S. Ct. at 868-69). Finding no similarly compelling reason to breach the sanctity of the jury deliberation room in this case, the Court affirmed the trial court’s decision to not consider the affidavit. Williams, slip op at 37. – Jennifer W. Ritter, Esq.

June 2022

The Advocate

June 2022

Committee Reports Professionalism Committee: A Look Back Over This Past Bar Year Over the past Bay Year, the Professionalism Committee has diligently worked to uphold this charge from the Baltimore County Bar Association’s By-Laws: “[T]he purpose of this [the Professionalism] Committee is to enhance the professional courtesy and integrity of each member of the Association and the legal profession. The Committee shall also promote such programs as a professional creed, and other projects, to further develop the professionalism of the Association, subject to the approval of the Executive Council.” As the soon-to-be outgoing committee chair of the Professionalism Committee, I would now like to take a look back over this past bar year with you to see if you agree. In the Fall of 2021, the Committee held a program entitled “Professionalism from the Bar: A discussion regarding the need for professionalism and civility in online communication including social media and how what you say on the Internet can impact you professionally. If you wouldn’t say it in person, don’t say it in an email or on social media!” This successful program, held inperson on the upper deck of Barley’s Backyard, featured Tim Gunning, Laurie Wasserman, Ari Kodeck, and Kim Saxon as speakers. Jennifer Ritter did a wonderful job as Program Chair. Mike Barranco and Farace & Scherr, P.A. sponsored the food and drink. The Committee also held a virtual wellness program, jointly with the Family Law Committee, entitled “How to Identify Depression, Anxiety, and Other Significant Psychological Disorders and Tips for Finding Resources for Clients, Colleagues, and Loved Ones.” The speaker was Elana Farace, Ph.D., Clinical Neuropsychologist and tenured Associate Professor at Penn State University College of Medicine. Subtopics included “What is Mental Health?,” “The Basics of Psychological Diagnoses,” “Who Provides Mental Health Care,” “Psychological Interventions,” “Mental Health in the Workplace,” and the effects of the COVID-19 pandemic on mental health. This Fall program was very well attended. In the Spring of 2022, the Committee held an in-person program at the Courthouse entitled “Professionalism in the Time of COVID.” The Program Chairs for this program were the Honorable Syeetah Hampton-EL and the Honorable Lawrence Daniels, who put together a truly impressive panel of speakers, which included the Honorable Robert McDonald, Court of Appeals (Ret.), the Honorable Michael Reed, Court of Special Appeals, the Honorable Vicki Ballou-Watts, Circuit Court for June 2022

Baltimore County, the Honorable Lawrence Daniels, Circuit Court for Baltimore County (Ret.), the Honorable Dorothy Wilson, District Court of Maryland for Baltimore County, the Honorable Syeetah Hampton-EL, Maryland Office of Administrative Hearings, and Jennifer Ritter, Esq., Office of the State’s Attorney for Howard County. Levin & Gann, P.A generously sponsored the reception that followed. Another important effort of the Committee, spearheaded by Mike Barranco and Bill Alcarese, was to update the BCBA Code of Professionalism. It had been several years since this Code had last been updated, and the Committee put in considerable hours discussing and determining what changes were appropriate. One of the most important items now included is a Statement about the importance of Diversity, Inclusion, and Equity. This updated Code of Professionalism has been approved by the Executive Council and is available on the BCBA website. If you have not yet read it, please do. Finally, the Committee submitted regular monthly articles on a variety of topics concerning Professionalism for publication in the Advocate. Those submitting articles included Mike Barranco, Ari Kodeck, Ray Hein, Bill Alcarese, Hon. Syeetah Hampton-EL, Mike Jacko, Lou Hurwitz, and Debra Cruz. It has been my honor to serve as Chair of this Committee for this past Bar year. I would like to thank my ViceChair, Mike Barranco, for all his hard work and support. I would also like to express my gratitude to the Program Chairs of our wonderful programs -- Jennifer Ritter (Fall Program) and the Honorable Syeetah Hampton-EL and the Honorable Lawrence Daniels (Spring Program), as well as to the speakers for their time and efforts. Thank you also to all the Committee members who submitted articles for the Advocate, who attended our meetings and programs, and who contributed in various ways to the good work of this Committee. Thank you to Mike Jacko for his great work on another project that will be continued into the next Bar Year. Finally, I would like to thank Rachel Ruocco and Amber Gaines, President Stan Gann, Sondra Douglas (the Committee’s liaison from the Executive Council), and the entire Executive Council for their assistance and support, particularly as regards the updated Code of Professionalism. I look forward to continued service on this Committee next year under the stellar leadership of Mike Barranco.

The Advocate

– Suzanne K. Farace, Esq. 31

Social Justice Maryland as a Safe Space:

State-Level LGBTQ+ Protections in the National Context For LGBTQ+ people, allies, and advocates, the recent trend among state legislatures targeting transgender individuals and LGBTQ+ families is an alarming signal of backlash against the progress and legal protections that these communities have fought hard to achieve. Statelevel legislation directed at LGBTQ+ youth has garnered national headlines. Local organizers and national organizations have highlighted the implications of these new state laws, ranging from attempts to shut down sexual and gender identity conversations to the criminalization of healthcare typically obtained by transgender youth. Marylanders should take note of the legislative onslaught because while our comparatively liberal laws and available resources may indicate that Maryland is a safe alternative for LGBTQ+ families, our laws still need improvements to adequately protect the LGBTQ+ population and truly offer this state as a safe place to grow up or parent as an LGBTQ+ person. Florida has generated numerous demonstrations of support and opposition to its “Parental Rights in Education” bill, branded by opponents as the “Don’t Say Gay Bill.” The legislature used decidedly neutral language to define any classroom discussion of gender or sexual identity as inappropriate where students are in third grade or younger. The bill also granted parents of older students the opportunity to bring legal action against a school district if the believe that a student has been exposed to classroom discussion on these topics “in a manner that is not age-appropriate or developmentally appropriate.” In essence, the bill serves to discourage any school official from permitting discussions that might affirm the identities of LGBTQ+ children or LGBTQ+ families because of the ever-present risk of legal liability. The bill has garnered much national attention primarily because of pushback from the Walt Disney Company (Disney), Florida’s largest and most recognizable private employer. Despite the protests from Disney and others, Florida Governor Ron Desantis signed the bill into law. This type of bill, and indeed some of the verbatim language contained in it, is certainly not unique to Florida. Similar legislation restricting classroom discussion, diversity training, or counseling in schools that acknowledge LGBTQ+ personnel or affirms LGBTQ+ students has been proposed or passed with significantly less scrutiny in Alabama, Georgia, Indiana, Iowa, Kentucky, Louisiana, Missouri, Ohio, Oklahoma, South 32

Carolina, and Tennessee. The public policy focus on transgender youth started with an alleged concern for fairness to their athletic peers and quickly morphed into the criminalization of private medical decisions. Transgender youth sports participation has become a point of contention for anti-LGBTQ+ political groups recently. In the last two years, 15 states have enacted bans on transgender students participating in sports consistent with their gender identity. Last April, Arkansas kicked off a domino effect of legislation targeting transgender youth healthcare with the “Save Adolescents From Experimentation (SAFE) Act.” The bill, first introduced on February 25, 2021, and passed into law a mere 40 days later on April 6, created a statewide ban on gender-affirming healthcare for any transgender person under eighteen years of age. Despite ongoing legal challenges to this bill, 14 other states introduced and passed similar bans on restricting healthcare for transgender youth. Legislators in Idaho recently took this trend a step further, advancing a bill that would not only make providing gender-affirming care to transgender youth a felony, but would also criminalize transporting a child outside of Idaho with the intent to facilitate this care. In February 2022, Texas Governor Greg Abbott issued an order, pursuant to an opinion from the Office of the Attorney General, that classified gender-affirming care as “child abuse,” imposing mandatory reporting requirements on anyone involved in these individual care plans and directing the Texas Department of Family and Protective Services to investigate any reports. A recent assessment of this type of legislation from NPR found that up to one-third of trans youth will lose access to gender-affirming healthcare if these laws are allowed to go into effect.

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Social Justice The reach of this legislation compels many LGBTQ+ families in these states to start considering relocation to states which have instead enacted more robust protections for the autonomy of LGBTQ+ adults and youth. Organizations such as Lambda Legal and the Transgender Law Center produce resource guides that can help LGBTQ+ people who are relocating determine the kind of legal protections they can anticipate in each state. Maryland currently receives relatively high marks, having enacted antidiscrimination laws which include protections for LGBTQ+ people in family services, public and private employment, housing, and public accommodations; crucially, these protections do not include religious exemptions. On April 11, the Maryland General Assembly (MGA) voted to pass the Inclusive Schools Act, expanding nondiscrimination policies in schools to include sexual orientation and gender identity. However, every member of our state does not feel Maryland’s robust statewide protections. Simultaneously to the MGA’s legislative actions, debates in Carroll County concerning the display of pride flags in schools, and Frederick County challenging curriculum standards

June 2022

that include identifying different family structures, echoed the same rhetoric used to justify legislation that targets LGBTQ+ families in other states. Presently, the overwhelming majority of resource centers for LGBTQ+ individuals in the state are concentrated in Baltimore City and the Washington metropolitan area. Marylanders who live outside the I-95 corridor have less access to local support systems and must either travel to or cope without these resources. These resources also tend to be concentrated in areas with higher living costs, making relocation within the state prohibitive for many current Maryland residents. LGBTQ+ families who seek community and local resources in Maryland may feel further limited if they do seek to relocate here. Among many solutions for creating a more genuinely inclusive state, expanding resources across the state which support and reinforce existing legal protections is crucial if Maryland seeks to hold itself out as a safe space for LGBTQ+ families.

The Advocate

– Shannon Kreiner, J.D. Candidate at University of Baltimore School of Law

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June 2022

Ask The Trial Doctor I just noticed something...Judicial Notice

A lawyer writes in… Dear Trial Doctor, Can you square me up on the rules on judicial notice? In my last trial, I asked the judge to take judicial notice of the fact that the manager on duty in a grocery store was the most knowledgeable person to testify about the plaintiff’s slip and fall. The judge denied my request without an explanation. Doesn’t the judge have to take judicial notice of those things? Charlie DeTuna Dear Charlie, The device of judicial notice is a handy, if sometimes misused, substitution of proof. Md. Rule 2-501 governs judicial notice of adjudicative facts. Judicial notice obviates the need for formal proof where the matter to be proven is of common knowledge or which can be easily verified. Rule 2-501 (b)(1) applies to matters which are generally known within the local jurisdiction (described in Professor Lynn McLain’s Maryland Evidence, State & Federal § 201:4

as “Everybody around here knows that” facts). Professor McLain lists twenty-nine separate matters in that category of which a court might take judicial notice. Rule 2-501 (b)(2) addresses the second category of facts – those easily verifiable from reliably accurate sources. Professor McLain calls this type “look-it-up” facts. Court documents, geographic locations and statutes are frequently proven in this way. Despite its wide utility, judicial notice may not be used when applied to matters in dispute in the litigation. (See Abrishamian v. Washington Med. Group, P.C., 216 Md. App. 386, 412 - 416 (2014) for an excellent discussion of judicial notice.) Your request about the store manager was neither one which was of common knowledge nor could it be verified by reference to a reliable source. Sorry Charlie, yours was not the kind of fact of which many judges would take judicial notice. – The Trial Doctor

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

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.

The Advocate

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

June 2022

The Advocate

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

www.McCammonGroup.com 888.343.0922

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

Remote or In Person – We’re Ready to Serve 38

The Advocate

June 2022

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Maximilian Franz Photography

June 2022

The Advocate

Maximilian Franz Photography

The Advocate

June 2022

COMMUNITY COLLEGE OF BALTIMORE COUNTY invites applications for the position of:

At home physical therapy for attorney approved accidents •

DECREASED CANCELLATIONS WE COME TO YOU

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Legal Studies – Adjunct Faculty Teach online, remote instruction, day and/or evening courses in Legal Studies, such as Legal Research & Writing, Introduction to Law, or a substantive law area, such as Torts, Civil Litigation, etc. Adjunct Faculty are selected based on the needs of the program, applicant proficiency, course availability, and student enrollment. MINIMUM REQUIREMENTS: A Juris Doctorate degree from an accredited U.S. law school. A minimum of five (5) years of experience as a practicing attorney. Prior work experience supervising paralegals or working with or as a paralegal. Prior teaching experience preferred. CLASS SPECIFIC ESSENTIAL DUTIES: Adjunct faculty are expected to prepare and deliver course instruction, follow common course outlines and policies, utilize the CCBC learning management system, grade, critique and evaluate student work, provide timely feedback to students, keep and submit accurate classroom records, communicate with the discipline coordinator, and attend required training sessions, professional development and departmental meetings. Pay Rate - $900 per credit hour

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June 2022

To view the position description and submit an online application, please go to:

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Position #2022-24 LEGAL STUDIES – ADJUNCT FACULTY The Advocate

Maximilian Franz Photography

The Advocate

June 2022

Baltimore County Bar Association

SAVE the DATE

   

Aberdeen Ironbirds Game and Crab Feast August 21 6pm

Ravens Tailgate October 17

Holiday Party December 9

Law Day Breakfast & Noon Ceremonies May 2

June 2022

Party in the Plaza: Celebrating 100 Years of the BCBA September 23

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

BCBA Chopped

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

Black Tie Banquet Martin's Valley Mansion May 17

The Advocate

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

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

Young Lawyers Holiday Lunch December 2 12-2pm

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

Golf Tournament

Woodholme Country Club

May 23

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 410979-8250

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 410-9602536. 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 410-8234214 or

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