The Advocate March 2022 by Baltimore County Bar Association

Advocate

The

March 2022

Newsletter of the Baltimore County Bar Association

VOLUME XXXI, NO. 8

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 - Law Firm

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

March 2022

Rice, Murtha and Psoras

Partner Sponsor - Corporate Sandy Spring Bank

Supporters - Corporate AbacusNext Health Quest

The Advocate

The President’s Message our noon speaker. We can also look forward to the Golf Outing on May 23rd at the Woodholme Country Club, and many other events, as well. Be on the lookout for the many terrific surprises we have planned for each event. In February, we recognized Steven Nolan, Esq., our beloved past president from 2002-2003, when he received the J. Earle Plumhoff Award. If you missed his remarks at our Stated Meeting on February 17th, you are able to watch the proceedings on our website. Steve is the second award recipient in two years to have had the honor and privilege of working with Earle, our cherished, late past president from 1984. As we enter the month of March, we welcome spring and the renewal that comes with such a new season. This past June, we thought that COVID was in the rear-view mirror, only to be reminded of our own fragility in the months that followed. While again it feels as though the pandemic is, indeed, changing for the better, we continue to assess the situation for the wonderful events that we look forward to celebrating for the remainder of this bar year. Despite it all, I feel blessed that we were able to have a wonderful 100-year membership celebration in Patriot Plaza in September, an amazing holiday party at Inverness in December, so many incredible in-person and virtual events in between, and many more to come. We especially look forward to the Black Tie Bar Banquet on May 17th at Martin’s Valley Mansion. A spring banquet ensures that the weather will be much more comfortable for our Centennial Banquet than in years past. In addition to the Prom, May is scheduled to be a very busy month for the BCBA, beginning with Law Day on May 2nd. Law Day will host the Honorable Matthew Fader is as our breakfast speaker and the Honorable Erek Barron is scheduled to be

One of the pillars of the BCBA is civility and professionalism, which is best exemplified by our award recipients. Indeed, our Professionalism Committee has been hard at work on many projects this year, not least of which is revamping our Code of Professionalism, which will be finalized and published on our website later this year. It is hard to believe that there are only four months left in this bar year. While most excitement usually winds down after the Prom in January, we still have a lot of year left to enjoy. Some of the changes this year will surely endure, such as the look and feel of The Advocate and the presentation of the J. Earle Plumhoff Award at our February Stated Meeting, to name a few. Other changes this year were merely done to go with the flow and to react to the surprises thrust upon us. In the remainder of the year that follows, there will surely be more surprises, as there always are, albeit some more welcome than others, but I am pleased to report that the state of the BCBA is financially and structurally strong. - 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. 2

The Advocate

March 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

Inside This Edition

Tommy Tompsett Committee Vice-Chair Jill Blum Graphic Designer

Contributing Writers John C.M. Angelos Michael S. Barranco Jon S. Cardin Joseph A. Collins Tracee Orlove Fruman Cynthia Leppert Ari J. Kodeck Shannon Kreiner Chris Nicholson Jennifer W. Ritter Erika C. Surock Tommy Tompsett 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. March 2022

444th Session of the MD General Assembly......................... 10 Ask the Trial Doctor.............................................................. 31 BCBA Spotlight Courtroom Workshops for New Lawyers Event................. 29 Executive Committee Member Mariela C. D’Alessio....... 26 Law Clerk Valerie Glynn.................................................... 27 New Lawyer Referral & Information Services Coordinator Gavin Kemp.................................................. 28 Criminal Law Update............................................................ 16 Committee Reports Bench Bar Committee: February 2022.............................. 18 Diversity and Inclusion: What Diversity Means to Me...... 23 Professionalism Committee: Pandemic Stress & Civility.... 21 Lawyer Assistance Program................................................... 22 Practice in Focus.................................................................... 24 Stated Meeting......................................................................... 8 The Legislator’s Perspective................................................... 14 The Advocate

Court Notices March District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR MARCH 2022 14 15

8-1 #1

MWS

8-1 #2

KDP

KYW

KDP

NB*

KDP

GJP

KYW

GJP

8-1 #7

8-1 #8

KYW

8-4 #1

SCZ

8-4 #2

MLR

DJW

KMT

MLR

8-4 #3

KMT

SCZ

KMT

SCZ

DJW

SCZ

8-4 #4

8-4 #5

KMT

SCZ

KMT

8-4 #6

KJR

8-5 #1

BEF

8-5 #2

MTP

8-5 #3

LAP

SDW*

8-1 #3 8-1 #4 8-1 #5 8-1 #6

SCZ

Chambers

JUDGES:

KDP

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

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.

The Advocate

March 2022

Court Notices March District Court State’s Attorney’s Schedule

DISTRICT COURT STATE’S ATTORNEY’S SCHEDULE FOR , March 2022

MONDAY

TUESDAY

Date: 1 TO2 TO3 TO4 TO5 EX1 EX3

SPATARO SMITH (PM ONLY) MORITZ SPENCER LACHMAN GERRY

Date: 7

TO3 GERRY TO4 STURGELL TO5 POTTS

TO2 TO3 TO4 TO5

MORITZ COHEN (PM ONLY) MARTIN SMITH

EX1 EX3

SWECKER SPATARO

Date: 14

Date: 15

TO3 COHEN TO4 SPENCER TO5 LACHMAN

TO2 TO3 TO4 TO5

DESTEFANO DICKSON (PM ONLY) POTTS SMITH

EX1 EX3

SWECKER GERRY

Date: 21

TO3 DESTEFANO TO4 DICKSON TO5 MORITZ

Date: 22 TO2 TO3 TO4 TO5

GERRY ABELL (PM ONLY) COHEN SWECKER

EX1 EX3

SMITH SPENCER

Date: 2 CA2 CA7

WEDNESDAY

STURGELL POTTS

EX1 DESTEFANO (PM ONLY) EX2 SWECKER EX3 COHEN

Date: 3 CA2 CA5 CA7 EX1 EX2 EX3

Date: 10

CA2 CA7

DICKSON LACHMAN

EX1 EX2 EX3

SPENCER (PM ONLY) DESTEFANO POTTS

CA2 CA5 CA7 EX1 EX2 EX3

Date: 17

CA2 SPENCER CA7 MARTIN

CA2 CA5 CA7 EX1 EX2 EX3

Date: 23

Date: 24

CA2 LACHMAN CA7 DICKSON

CA2 CA5 CA7 EX1 EX2 EX3

Date : 30

Date : 31

TO3 TO4 TO5

TO2 TO3 TO4 TO5

DICKSON MARTIN (PM ONLY) POTTS LACHMAN

CA2 GERRY CA7 STURGELL

EX1 EX3

MORITZ ABELL

CA2 CA5 CA7 EX1 EX2 EX3

March 2022

The Advocate

Date:

COHEN GERRY STURGELL ABELL POTTS SMITH

Date: 29

EX1 SPENCER (PM ONLY) EX2 SWECKER EX3 SMITH

Date:

DICKSON POTTS LACHMAN DESTEFANO GERRY SWECKER

Date: 28 STURGELL GERRY SPENCER

Date:

STURGELL SPATARO SMITH COHEN MARTIN SWECKER

Date: 16

EX1 MORITZ (PM ONLY) EX2 MARTIN EX3 DESTEFANO

FRIDAY Date:

LACHMAN MARTIN MORITZ SMITH SPATARO SPENCER

Date: 9

EX1 BORITS/ABELL (PM ONLY) EX2 MORITZ EX3 COHEN

THURSDAY

Date:

POTTS DICKSON MARTIN COHEN LACHMAN MORITZ

Court Notices Dear Bar Colleagues: Judge Cavanaugh has asked us to send out the following information from the February 2, 2022, Family Division Meeting: E-Service of all Family Law Orders: Beginning February 2, 2022, the Family Law Department will begin serving all Family Division Orders to attorneys “(and pro se litigants who have registered with MDEC), via E-Service through MDEC. (Once the Clerks gain proficiency with Orders, they will expand the e-service to Summonses, Notices and Writs. Many thanks to Alicia Aybar and her team for their efforts to make this happen!). Pre-Filed Exhibits:

a. No Notice of Restricted Information to be filed for Pre-Filed Exhibits: There is no need to file a Notice of Restricted Information with respect to Pre-Filed Exhibits. Pre-Filed Exhibits are automatically segregated and secured from public view and will maintain this status unless and until admitted into evidence. b. Pre-Filed Exhibits containing Restricted Information that were Admitted into Evidence: Please request that the Judge or Magistrate mark any Pre-Filed Exhibits that contain Restricted Information, and that were admitted into evidence, as ‘Restricted’ or ‘Confidential.’

c. Filing Pre-Filed Exhibits: Each Pre-Filed Exhibit is to be uploaded into MDEC as a separate PDF file. DO NOT scan separate exhibits as a single PDF.

Best Practices for Pre-Filed Exhibits:

a. It is very helpful to the Judges (and their Law Clerks) and Magistrates to also file an Index of your Pre-Filed Exhibits as part of the envelope containing all of your separately scanned exhibits. b. When filing Pre-Filed Exhibits, in the Filing Description section of MDEC, attorneys should: 1) number the exhibit; 2) identify the submitting party; and, 3) include a description of the exhibit.

i. Examples: Pre-filed #1_Plaintiff Smith_ Judgment of Absolute Divorce; and, Pre-filed #2_Plaintiff Smith_ Plaintiff’s Financial Statement. ii. This information is contained in the guidelines attached to this e-mail that were issued by the Maryland Administrative Office of the Courts, which are being followed by the Baltimore County Circuit Court (updated since we last published it back in our e-mail of September 10, 2020).

Very Truly Yours, Martha K. White Bill Levasseur

Bar Co-Liaisons to the Baltimore County Family Division

The Advocate

March 2022

Court Notices

Administrative Office of the Courts

MDEC Policies & Procedures

Filing Exhibits for Remote Hearings via File and Serve Due to the COVID-19 pandemic, Maryland trial courts are increasing the use of remote hearings. The preferred Judiciary platform for remote hearings is Zoom for Government. Filers may pre-file exhibits for remote hearings through File and Serve. A new filing code - PreFiled Exhibit - must be selected when uploading any pre-filed exhibit for a remote hearing. Documents uploaded with this filing code will default to a new security type, Pre-Filed Exhibit. Use of this filing code and security type will exclude these documents from the case record until offered as evidence and admitted or denied admission by the judge during the hearing. Note: Pre-filing of exhibits does not constitute admission of the documents. Filer Steps 1. Create a lead document for each separate exhibit through File & Serve, using the PreFiled Exhibit filing code (screenshot item 1). If the correct code is not selected, the clerk may not recognize the document as a hearing/trial exhibit. This could cause the document to become part of the record when it should not. The document security will default to the new security type after the document is uploaded (screenshot item 2). 2. Clearly title the exhibit document before uploading. Recommended naming convention to include a pre-filed exhibit number, the submitting party and a description of the exhibit: Pre-Filed#1_Plaintiff Smith_Aug2020BankStatement. This description should make it easier to locate the appropriate exhibit during a hearing (screenshot item 3). 3. Use a filing description similar to the recommended exhibit naming convention to differentiate between multiple pre-filed exhibit submissions (screenshot item 4).

March 2022

The Advocate

Stated Meeting of the BCBA The Stated Meeting of the BCBA was conducted on February 17, 2022 in Ceremonial Courtroom No. 5 of the Old Courthouse, and also virtually by Zoom. The meeting was called to order by President Stanford G. Gann, Jr. and the minutes of the October 21, 2021 Stated Meeting submitted by Secretary Lisa Y. Settles were, on motion, approved. The Treasurer’s Report was delivered on behalf of Treasurer Sondra M. Douglas by Executive Council AtLarge Member Richard Grason VI followed by Standing Committee reports and the MSBA Board of Governor’s Report by Raphael J. Santini. Suzanne Farace, chair of the BCBA Nominating Committee this year, then reported on the slate of nominated officers and at large members of the Executive Council for the 2022-2023 bar year, during which John G. Turnbull III will serve as President. A highlight of the meeting was the presentation of the J. Earle Plumhoff Professionalism Award to Stephen J. Nolan by Professionalism Committee Chair, Suzanne Farace. The J. Earle Plumhoff Professionalism Award is presented by the Professionalism Committee each year to a member who has made significant professional contributions to Association activities, including contributions that have gone unnoticed, and who has high marks for integrity, dignity, and civility. Ms. Farace commented that it was fitting to present the award in the Ceremonial Courtroom, because restoration of the Courtroom was one of Earle Plumhoff’s designated projects during his tenure as president of the Association.

Stephen J. Nolan and Family After receiving his JD from the University of Maryland School of Law, Mr. Nolan was admitted to the bar in 1977. He began his career at Nolan, Plumhoff & Williams where he practiced with Mr. Plumhoff for 15 years, first as his law clerk while attending law school and later as his law partner. Mr. Nolan later had a solo practice for many years, and a few years ago joined Smith, Gildea & Schmidt as of counsel. His practice has been concentrated in complex business litigation, catastrophic personal injury and wrongful death actions, and trusts and estates litigation.

The Advocate

March 2022

Stated Meeting of the BCBA Mr. Nolan served as the 85th president of the BCBA during the 2002-2003 bar year. He served three terms on the Maryland State Bar Association’s Board of Governors and chaired the MSBA Litigation Section. He also served as past chair of the Trial Courts Judicial Nominating Commission. Ms. Farace noted that Mr. Nolan has devoted countless hours to the BCBA in other ways which have gone largely unrecognized. After completing his term as president nearly twenty years ago, Mr. Nolan continued to serve the Association in a variety of ways, including having been active for many years on the Professionalism Committee. Beyond his service to the BCBA, Mr. Nolan’s community service and civic involvement have been significant. He presently serves on the Resource Team for Diversity, Equity, and Inclusion of the Community College of Baltimore County. He has served as Trustee and later as Chair of the Board of Trustees of the Community College of Baltimore County. He has served on the board of the Sandra and Malcolm Berman Charitable Foundation, Inc. He is a past member of the Baltimore County Government Ethics Commission. Finally, he served as the National Board Chair of the American Lung Association. At its meeting in Chicago on June 21, 2019, the American Lung Association awarded Mr. Nolan its Will Ross Medal – its highest award given each year to a volunteer who has made a significant contribution to the prevention and control of lung disease. Ms. Farace further noted that Mr. Nolan’s colleagues describe him as having the highest ethical standards, always making sure that a legal position he has taken is meritorious, having a strong sense of collegiality with his fellow lawyers,

March 2022

and being a good mentor to younger lawyers. Ms. Farace related observations regarding Ms. Nolan’s professionalism from several former colleagues, including Robert G. Glushakow, Robert L. Hanley, Jr. and Judge Robert Cahill, Jr. and from Richard Karceski, who has worked with Mr. Nolan as co-counsel on several matters and once traveled with him to Ireland. In accepting the award, Mr. Nolan spoke of the influences of his professional role models, including Herbert S. Garten and his father, the late James D. Nolan, both of whom taught him the importance of pro-bono work and service to the bar, as well as the influence of Earl Plumhoff. Mr. Nolan’s father and Mr. Plumhoff founded Nolan, Plumhoff and Williams in 1969. Mr. Nolan thanked his former colleagues as well as present colleagues at Smith, Gildea & Schmidt for their support over the years. Mr. Nolan also thanked President Gann for his hard work on the Association’s commemorative Centennial Book, which Mr. Nolan described as the most significant historical project by the Association since the restoration of the Historical Courtroom during Mr. Plumhoff’s tenure as president. In new business, honorary BCBA membership requests were granted to Arthur S. Alperstein, T. Bruce Hanley, Wallace Kleid, C. Donald Proctor and Stuart J. Robinson. The next Stated Meeting will take place on Thursday, June 16, 2021 at 4:30pm in the Ceremonial Courtroom No. 5 in the Old Courthouse, Second Floor.

The Advocate

– Michael S. Barranco, Esq.

444th Session of the Maryland General Assembly The 444th session of the Maryland General Assembly is more than a third of the way complete. The following synopsis is not an exhaustive report of all the legislative activities so far this session but serves as an overview of proposed legislation that may impact the practice of law or how you run your practice or approach your next case: General Provisions SB 469/HB 647: Courts – Remote Public Access This bill would require each appellate court, circuit court, and district court in the State to provide remote audiovisual public access for all public court proceedings unless a proceeding is deemed closed, confidential, or restricted by federal or State law. The bill would also authorize a presiding judge to prohibit the broadcast of any portion of a proceeding on the request of any party, witness, or counsel involved in the proceeding unless an overriding public interest compelling disclosure exists. SB 30: Courts - Jury Service - Disqualification The bill repeals a provision that disqualifies an individual who has previously received a sentence of imprisonment for more than one year. Instead, an individual is not qualified for jury service if the individual has been convicted of a crime punishable by imprisonment exceeding one year and is currently serving a sentence imposed for the conviction, including a term of probation. Civil Actions SB 452/HB 349: Small Claims - Examination in Aid of Enforcement - Prohibition on Arrest or Incarceration for Failure to Appear For all cases after October 1, 2021, this bill would prohibit an individual from being arrested or incarcerated for failure to respond to an order to appear in court (1) for an examination in aid of enforcement of a money judgment entered in a small claim action in the district court or (2) to show cause why the individual should not be found in contempt for failure to appear in court for an examination in aid of enforcement of a money judgment entered in a small claim action in the district court. SB 156: Civil Actions - Specialties - Statute of Limitations Section 5-102 of the Courts and Judicial Proceedings Article provides a longer statute of limitations for filing civil actions for the following specialties: a promissory note or other instruments under seal; a bond, except a public officer’s bond; a judgment; a recognizance; and a contract under seal. Except for a specialty taken for the use of the State or a deed of trust, mortgage, or promissory note that 10

has been signed under seal and secures or is secured by owner-occupied residential property, a civil action on one of these specialties must be filed within 12 years after the cause of action accrues or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner. The bill would establish that this 12year statute of limitations applies to an action on, related to, or concerning one of these specialties The bill also contains uncodified language expressing the intent of the General Assembly that the bill (1) be applied and interpreted to abrogate the holding of the Court of Appeals in Cain v. Midland Funding, LLC, 475 Md. 4 (Md. 2021) and (2) apply the 12-year statute of limitations for an action to enforce a judgment under § 5-102(a)(3) (as amended by the bill) to both parties to the judgment. SB 313/ HB 244: Civil Actions - Damages - Use of Race, Ethnicity, and Gender Data This bill would prohibit a calculation of compensatory damages for loss of earnings resulting from personal injury or wrongful death from being reduced based on race, ethnicity, or gender. The bill applies prospectively to causes of action arising on or after its October 1, 2022 effective date. SB 36: Wills and Trust Instruments – Electronic Execution This emergency bill would authorize the execution of an electronic will or remotely witnessed will without a notary public if: (1) the will is signed, acknowledged, and sworn to before a supervising attorney; (2) the supervising attorney attaches a specified form to the will; and (3) the supervising attorney does not serve as a witness to the will. Under the bill would authorize a notary public to perform a notarial act using communication technology for a remotely located individual with respect to a trust instrument, as defined under § 14.5-103 of the Estates and Trusts Article, if specified requirements under the State Government Article are met. The bill further makes a clarifying change to remove a will as an exception to the authorization for a notary public to perform a notarial act using communication technology for a remotely located individual. SB 559/HB 529: Estates and Trusts - Supported Decision Making The stated purpose of Title 18 (Supported Decision Making) of the Estates and Trusts Article, established by the bill, is to

The Advocate

March 2022

444th Session of the Maryland General Assembly assist adults by (1) obtaining support for the adult to make, communicate, or effectuate decisions that correspond to the adult’s will, preferences, and choices and (2) preventing the need for the appointment of a substitute decision-maker, including a guardian of the person or property.

SB 718: Family Law - Alimony – Modification

This bill would (1) authorize the use of supported decision making; (2) establish a process for entering a supported decision-making agreement, and the effect of an agreement; (3) define the role of a supporter; (4) establish specified immunity for third parties; and (5) make a related change to the definition of “incapable of making an informed decision” under the Health Care Decisions Act.

SB 17/HB 561: Child Custody - Cases Involving Child Abuse or Domestic Violence - Training for Judges

HB 92: Maryland General and Limited Power of Attorney Act – Assistance With Governmental Benefits and Programs This bill amends the statutory forms under the Maryland General and Limited Power of Attorney Act to include an authorization for an agent to perform the acts necessary to enable the principal to qualify for a benefit or program, including obtaining personal and financial records and, to the extent specifically authorized, to transfer or gift the principal’s property. HB 639: Family Law – Grounds for Divorce This bill would repeal the authority of the court to grant a limited divorce. The bill would also alter the grounds for an absolute divorce. The bill authorizes a court to grant an absolute divorce on the grounds of (1) six-month separation, if the parties have lived separate and apart for six months without interruption before the filing of the application for divorce; (2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or (3) permanent legal incapacity of a party based on proof, including competent medical or psychiatric testimony or evidence that the party permanently lacks the legal capacity to make decisions. The bill specifies that parties who have pursued separate lives must be deemed to have lived separate and apart for purposes of the ground of six-month separation, even if the parties reside under the same roof or the separation is in accordance with a court order. The bill does not alter provisions regarding an absolute divorce based on the ground of mutual consent.

March 2022

This bill would allow a court to modify the amount of alimony awarded if the recipient is maintaining a common household by sharing a primary residence together with another individual.

This bill would require the Judiciary, in consultation with domestic violence and child abuseorganizations, to develop a training program for judges presiding over child custody cases involving child abuse or domestic violence. Within a judge’s first year of presiding over child custody cases involving child abuse or domestic violence, the judge must receive at least twenty (20) hours of initial training approved by the Judiciary that meets the requirements of the training program specified above. A judge who has received the initial training and who continues to preside over child custody cases involving child abuse or domestic violence must receive at least five (5) hours of additional training every two (2) years. The bill also would require the Maryland Judiciary to report the name of a judge who does not comply with the training requirements to the Commission on Judicial Disabilities. SB 336: Family Law - Custody Evaluators Qualifications and Training This bill would require custody evaluators to complete at least 20 hours of initial training before being appointed or approved as a custody evaluator. The training must include numerous specified topics, including: • neurotypical infant and child development; • the investigation process after a law enforcement agency or local department of social services has received a report of suspected child abuse or child sexual abuse, as specified; • the dynamics and effects of child sexual abuse, physical and emotional child abuse, and domestic violence; • the impact of exposure to domestic violence on children and the importance of considering this impact when making child custody and visitation decisions; • information on how survivors of domestic violence may present information in a manner that does not conform to general expectations for credibility; • specified information regarding parental alienation; and

The Advocate

444th Session of the Maryland General Assembly • how the inappropriate allocation of the best interest of the child standard can harm children suffering from abuse and the necessity of weighing the physical and psychological safety of the child before weighing other best interest factors. Following completion of the initial training requirements, an individual must complete five (5) hours of continuing education and training every two (2) years. The bill also establishes that in any action in which child support, custody, or visitation is at issue, a court must provide information to the parties regarding the role, availability, and cost of a custody evaluator in the jurisdiction. Before engaging in the custody evaluation process, a custody evaluator must provide, in writing, information regarding the policies, procedures, and fees and costs for the evaluation. SB 280/HB 296: Interim and Temporary Protective Orders - Electronic Filing and Video Conferencing Hearings This bill would authorize a petitioner receiving medical treatment at a hospital or an urgent care center to file a petition for an interim protective order or a temporary protective order (TPO) electronically while at the hospital or urgent care center. A commissioner or court that receives a petition submitted electronically must hold a hearing on the petition through the use of video conferencing. To implement the bill, an uncodified provision requires the Judiciary to develop a method to receive electronically filed petitions and hold video conferencing hearings for interim protective order petitions and TPO petitions. Criminal & Juvenile Matters SB 33/HB 153: Criminal Law - Sexual Crimes Repeal of Spousal Defense In general, a person may not be prosecuted under § 3-303 (rape in the first degree), § 3-304 (rape in the second degree), § 3-307 (sexual offense in the third degree), or § 3-308 (sexual offense in the fourth degree) of the Criminal Law Article for a crime against a victim who was the person’s legal spouse at the time of the alleged rape or sexual offense and the parties are living together. This bill would repeal the spousal exemption from prosecution for those crimes. SB 165/HB 294: Juvenile Court - Jurisdiction This bill would expand the jurisdiction of the juvenile court to establish original jurisdiction over 1. children age 14 and older who are alleged to have done an act which, if committed by an adult, would be a crime punishable by life imprisonment;

2. children age 16 and older who are alleged to have committed specified crimes; and 3. children who have previously been convicted as an adult of a felony and are subsequently alleged to have committed an act that would be a felony if committed by an adult. Under current law, a circuit court may transfer a case involving such a child to the juvenile court if such a transfer is believed to be in the interests of the child or society (“reverse waiver”). A reverse waiver is not permitted in limited circumstances related to specified prior convictions of the child or when the alleged crime is murder in the first degree and the child was 16 or 17 years old at the time the alleged crime was committed. Statutory provisions also set forth a process by which a court exercising criminal jurisdiction in a case involving a child must determine whether to transfer jurisdiction to a juvenile court at sentencing. The bill repeals these provisions to conform to the expanded jurisdiction of the juvenile court within the bill. SB 20/HB 284: Criminal Procedure – Out of Court Statements – Child Victims This bill would expand statutory evidentiary provisions that authorize the admission of an out of court statement in a juvenile court or criminal proceeding made by a child victim under specified circumstances to include (1) a statement made by a child victim who is younger than age 13 and is the alleged victim or the child alleged to be in need of assistance in a case before the court concerning the neglect of a minor and (2) a statement made by a child victim who is younger than age 13 and is the alleged victim or a witness in a case before the court concerning a crime of violence under § 14-101 of the Criminal Law Article. SB 68: Sexual Offenses - Crime of Violence and Lifetime Supervision The bill would expand the definition of a “crime of violence” under § 14-101 of the Criminal Law Article to include sexual abuse of a minor under § 3-602 of the Criminal Law Article when the offender was at least age 21, and the victim was younger than age 16 at the time of the offense. Additionally, the bill would expand lifetime sexual offender supervision to include: • a person who has been convicted of sexual offense in the second degree or an attempt to commit a sexual offense in the second degree under § 3-306 of the Criminal Law Article (as that crime existed before October 1, 2017) for engaging in a sexual act when the victim was younger than age 14 and the person performing

The Advocate

March 2022

444th Session of the Maryland General Assembly the sexual act was at least four (4) years older than the victim at the time of the offense (a person convicted of violating or attempting to violate the remaining second-degree sexual offense prohibitions is already subject to lifetime sex offender supervision); and • a person who has been convicted of sexual abuse of a minor under § 3-602 of the Criminal Law Article that involved a child younger than age 13 (instead of the current application to an offense involving a child younger than age12) or that was committed when the person was at least age 21 against a child younger than age 16. SB 457: Workgroup to Study Trial in Absence This bill establishes the Workgroup to Study Trial in Absence. The workgroup must (1) study other jurisdictions that have implemented trial in absence; (2) determine the

March 2022

feasibility of implementing trial in absence in Maryland; (3) determine which nonserious misdemeanors and trafficrelated offenses would be eligible for trial in absence; (4) determine the conditions under which a trial in absence would be authorized; and (5) determine how any penalties incurred through a trial in absence would be collected. By December 1, 2022, the workgroup must report its findings and recommendations to the General Assembly. SB 328/HB 148: Criminal Law - Stalking This bill alters the definition of stalking to include conduct that occurs (1) in person; (2) by electronic communication, as defined in § 3-805 of the Criminal Law Article; or (3) through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.

The Advocate

– Tommy Tompsett, Esq.

The Legislator’s Perspective Redistricting from the Annapolis Perspective routinely outvote them, or by packing them into one or a small number of districts to minimize their influence.” Given the above statistics, you can understand why civil rights advocates and minority community members argue the redistricting plan violates the VRA. The League of Women Voters of Baltimore County, the Baltimore County NAACP, Common Cause Maryland, and multiple black voters from the county filed a federal suit challenging the redistricting plan. Plaintiffs in the case, including my county colleague, Sen. Charles Sydnor, believe the County Council’s redistricting plan illegally packs black voters into District 4, thus diluting their overall influence. Plaintiffs are requesting a preliminary injunction to prevent the application of the new maps.

1 – A pending lawsuit has been filed regarding the councilmanic redistricting map for Baltimore County that the Baltimore County Council approved;

Interestingly, in a late January filing, Baltimore County argued that the new map doesn’t dilute black voters’ influence because candidates “preferred” by black voters in neighboring Districts 1 and 2 won their races. In part, the filing states, “Although no other black candidates have run for County Council in those districts, black-preferred candidates have run and won Council seats.” I guess the county lawyers are trying to argue that if black voters tend to support one white candidate over another and that “preferred” white candidate wins, minority representation is unnecessary or superfluous. I find this argument unpersuasive. Given that nearly 50% of the county is considered a minority, it is incumbent on the county to provide maps that help make our elected representation reflect our electorate.

2 – Any lawsuit challenging the legality of the congressional redistricting map that the Maryland General Assembly (MGA) passed will likely fail; and

A hearing on the plaintiffs’ motion for a preliminary injunction took place in U.S. District Court on Feb. 15, and a ruling is imminent.

3 – The legislative redistricting map, also passed by the MGA, brings a few significant changes to Baltimore County districts.

Congressional Redistricting Map Will Likely Survive Any Lawsuits:

Delegate Jon Cardin The every-10-year redistricting plans leave those of us who consider ourselves policy wonks with an abundance of issues to explore, but with limited time and space. We, Baltimore County lawyers, however, should all be aware of the three main issues around the newly drawn lines:

Baltimore County Councilmanic Lawsuit: Five of seven county council-approved councilmanic districts are majority white. One of the remaining two has a 46% white plurality, while the last is 73% majority black. Meanwhile, according to U.S. Census data, approximately 30% of county residents are black and just under 50% are people of color. The Federal Voting Rights Act (VRA) includes a provision that bans “cracking.” The United States Department of Justice describes cracking as “fragmenting minority voters among several districts where a bloc-voting majority can 14

Last December, the MGA convened for a rare, weeklong special session, called by the Governor, to fulfill our Constitutional duty of passing a new congressional map in the same year that the census provided us with its numbers on congressional seat redistribution. To that end, whether good or bad, the Governor had no role in the congressional redistricting map except to call for the special session (and then opt to veto the veto-proof final resolution). The legislature was given a map to vote on, produced after 10 live hearings around the state, two zoom hearings, and two public hearings in Annapolis. Hundreds of witnesses and scores of written testimony and considerations of

The Advocate

March 2022

The Legislator’s Perspective contiguity, communities’ togetherness, jurisdictional lines, and minority community interest were all used as guiding variables. In the end, I believed that the map was sufficient, legal, and met our criteria. While it is appropriately argued that political gerrymandering was one of the intentions of the new map, the districts are less gerrymandered than the previous map[s], more contiguous, and provide better community togetherness. Previous maps were upheld, and this one is better than those. For those reasons, I do not believe that a challenge to the maps will be successful.

single-member majority black district centered in Owings Mills. The single-member district was separated out based on an Attorney General opinion that to not do so may be a violation of the federal Voting Rights Act. This impacts my colleagues and me, the district’s three Democratic House incumbents. All three of us are located in the 11B portion of the district and will have to run for only two seats. Meanwhile, 11A, a majority minority single-member district will be open for a non-incumbent to run. Both 11A and 11B will be represented by the same senator.

On a related note, many of us have spent years working towards the depoliticizing of redistricting and a non-partisan approach to map-making. Nevertheless, the Governor’s creation of his own redistricting commission falls out of bounds of the norms. I will continue to work with this Governor and the next to create bi-partisan legislation that brings us together to cooperate on a non-partisan redistricting scheme. But until we fix this legislatively, the Governor should not usurp the legislature’s Constitutional duties as this likely further exacerbates partisan divisions.

District 7, formerly a Baltimore County / Harford County split district was moved completely into Baltimore County and also split into 7A and 7B. 7A will be the two-member district centered around Perry Hall and 7B is a long, narrow district that meanders from Middle River to the north county line.

Legislative Redistricting in Baltimore County: Lawmakers need to consider just two primary factors in congressional redistricting: compliance with the VRA and keeping population deviation to zero. The VRA is still crucial in legislative redistricting, but the state constitution also mandates respect for county and municipal boundaries. Furthermore, the map is subject to the competing interests of 141 delegates and 47 senators, the majority of whom will be seeking reelection. Adding to the complexity, the state constitution allows delegate districts to be configured in three different ways: 1. entirely multi-member, with three delegates elected on an atlarge basis; 2. entirely single-member, meaning the senatorial district is subdivided into three sub-districts for delegates; or 3. a mix of single- and multi-member districts. Different from congressional maps, there is more flexibility over population variances when it comes to legislative districts. Maryland’s constitution allows as much as a 5% deviation in district population. The population per district for this map was determined to be 131,391 per Senate district, or divided by three, 43,797 for single-member delegate districts. The plus or minus 5% margin means that senatorial districts are permitted to be overpopulated or underpopulated by as many as 6,569 residents with a maximum differential (10%) between most- and least-populated districts of about 13,000 people.

Finally, District 43B and 42A, a newly created County single-member district will encompass Towson and the surrounding area. Per the census, Baltimore, our largest city’s population went from 620,961 in 2010 to 585,708 in 2020. Because the City lost population, it now loses representation. The City will go from 16 to 14 delegates, and so District 43, which used to be a three-member City district, is now split into a two-member city and one-member county district. 42A, which used to be the Towson district, similar to the new 43B, will be moved north to the York Road corridor north of Towson. A copy of the new map is here. In closing, with all the turmoil described above, the Maryland Court of Appeals recently pushed Maryland’s 2022 primary filing deadline back by one month to March 22nd. A lot will be decided between now and then so check back in with The Advocate for an update on how the legal challenges played out. – Delegate Jon S. Cardin 11th District

Centennial Memory Book

District 11 used to be a three-member district and now consists of a two-member district generally including Pikesville, Timonium, Ruxton and Riderwood as well as a March 2022

The Advocate

Have you picked up your FREE copy of the BCBA Centennial Memory Book? Stop by the bar office to pick yours up!

Criminal Law Update Koushall v. State, No. 13, September Term, 2021 “Members of law enforcement are public officers privileged to use force when reasonably necessary under the circumstances to protect life and preserve the peace. This privilege is lost when a member of law enforcement uses excessive force – that is force greater than is reasonably necessary under the circumstance. A member of law enforcement who uses excessive force may incur criminal and civil liability.” Koushall v. State, slip op No. 13, September Term, 2021 at p. 1. Koushall involved the criminal prosecution of Baltimore City Police sergeant Marlon Koushall after he responded to a call outside of Norma Jean’s, a strip club located on “the Block.” Upon arrival at the scene, Koushall observed a group of women arguing. One of the women, Henrietta Middleton, was an off-duty sergeant also on the Baltimore City Police force. As Koushall exited his vehicle he gave Middleton an order to “back-up.” Before she could respond, Koushall pushed her backwards and then, five seconds later, struck her in the face. Middleton attempted to flee but Koushall grabbed her by the hair and wrestled her to the ground. Middleton was arrested and charged with disorderly conduct, failure to obey a lawful order, assault on a police officer, and resisting arrest. The charges were later dropped by the State’s Attorney’s Office and charges were brought against Koushall for second degree assault and misconduct in office. Following a bench trial, Koushall was convicted of both counts. He appealed his conviction challenging the sufficiency of the evidence and whether the two charges should merge for sentencing purposes. The appellate standard of review for sufficiency of the evidence is “whether, after viewing the evidence in the light

most favorable to the prosecution, any trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Koushall, Slip op at 18 (quoting State v. Manion, 442 Md. 419, 430 (2015)). The appellate court does not substitute its judgment for that of the trier of fact. Rather, “our concern is only whether the verdict was supported by sufficient evidence, direct or circumstantial, which could fairly convince a trier of fact of the defendant’s guilt of the offenses charged beyond a reasonable doubt.” Koushall, Slip op at 19 (quoting Taylor v. State, 346 Md. 457 (1997)). The Court began its analysis by recognizing that the variety of assault the Petitioner was convicted of was a battery. Koushall, Slip op at 19. “The common law elements of assault in the second degree of the battery variety are (1) the unlawful, (2) application of force, (3) to the person of another.” Id. at 20. The last two elements were proven by eyewitness testimony, body-worn camera footage, surveillance video, and an admission by the Petitioner. The only challenge was to the sufficiency of the evidence to prove the first element, unlawfulness. “The lawfulness of use of force by a police officer is analyzed under the Fourth Amendment’s objective reasonableness standard.” Id. at 21 (citing Graham v. Conner, 490 U.S. 386, 388 (1989)). “Factors for determining reasonable force include ‘the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he [or she] is actively resisting arrest.’” Id. (quoting Okwa v. Harper, 360 Md. 161, 199 (2000)). Applying this standard to the facts of the case, the Court of Appeals found the evidence sufficient to support convictions for both counts. The Court of Appeals noted that “the circumstances, when viewed in the light most favorable to the State, did not suggest that Sgt. Middleton posed an immediate threat to the health or safety of officers or other.” Koushall, Slip op at 23. The Court further accepted the trial court’s finding that the initial response by Petitioner, the order to back-up and two-handed push, was not unreasonable. Rather, “Petitioner’s use of force became unreasonable when, following the push, he waited only a few seconds before striking Sgt. Middleton in the face ‘with a closed first.’ . . . Between Petitioner’s two-handed

The Advocate

March 2022

Criminal Law Update push and strike to the face, there was no indication that greater use of force was necessary to bring Sgt. Middleton into compliance.” Id.

otherwise lawful in a wrongful manner, or (3) nonfeasance, the omitting to do an act which is required by the duties of the office. Id.

Next, the Court looked at the charge of misconduct in office. “The prohibition of misconduct by police officers serves an important government interest. . . . Since peace officers are charged with a public trust, the public has every right to expect these officers to conduct themselves with good character, sobriety, judgment and discretion.” Id. at 26 (quoting McQuillin, The Law of Municipal Corporations, 16A McQuillin Mun. Corp. § 45:125 (3d ed. Sept. 2021)). Misconduct in office is a common law crime in Maryland. Koushall, Slip op at 26. The elements are (1) corrupt behavior, (2) by a public officer, and (3) in the exercise of his or her office or while acting under the color of his or her office. Id. (citing Duncan v. State, 282 Md. 385, 387 (1978)). Corrupt behavior includes (1) malfeasance, the doing of an act which is wrongful in itself, (2) misfeasance, the doing of an act

Applying this standard to the facts of the case, the Court found that “a member of law enforcement who commits a crime in the course of duty may satisfy ‘the corrupt act [element] constituting the crime of misconduct in office. . . . ‘” Id. at 27 (quoting Duncan, 282 Md. at 391). Moreover, there was testimony from one of the other responding officers that Petitioner had instructed him to change his report to make Middleton seem like the aggressor, thus making the use of force more reasonable. Koushall, Slip op at 28. Here, both the act of committing a crime while in the performance of official duties and the act of attempting to conceal the circumstances of the arrest both satisfy the ‘corrupt behavior’ element of misconduct in office. Id. The Petitioner’s conviction was therefore affirmed. – Jennifer W. Ritter, Esq.

If You Expect the Best in Court Reporting, Demand... Fast, Reliable, and Accurate...

CRC Salomon has more than 123 years of specialization at your service. One of the Nation’s oldest and most reliable court reporting firms in the country. We provide experienced Reporters, Realtime Specialists, LiveNote, Videoconferencing, Video Depositions, Hearings, Online Scheduling, Transcription services, and Conference Rooms. Mobile access to your documents and scheduling 24/7. Local and National scheduling.

Our portfolio of services include: • Depositions

• Conferences

• Arbitrations • Notaries

• LiveNote™ • Large conferencing facilities

• Hearings • CART Services

Nationwide and Global Coverage

• Realtime

• Video Service by Certified Legal Videographers

• Videoconferencing

• Remote WebDeposition Latest Technologies via Laptop, iPad, and Smart Phone

• All Industry Standard Platforms (Zoom, WebEx, GoToMeeting, MS Teams, Blue Jeans, Etc..) • Remote Counsel

Headquartered in Maryland with Conference Rooms throughout MD, DC, VA, DE, PA, NC, and Nationwide If you expect the best in Court Reporting and Litigation Support, call CRC Salomon and let us show you how we can help! Phone 888-821-4888 • 410-821-4888 | Fax 410-821-4889 | www.crcsalomon.com | info@crcsalomon.com

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org March 2022

The Advocate

Committee Reports Bench Bar Committee Report: February 2022 CIRCUIT COURT BENCH: As the COVID numbers continue to decline, the Court is gearing up for criminal and civil jury trials beginning March 7, 2022. For the time being, jury selection shall remain at the Hall; however, General Services is considering alternatives to moving jury selection back into the Courthouse. The Baltimore County IT Department is working to install video equipment in visitation booths at the jail that will be available for private defense counsel and public defenders. Chief Judge Getty governs the mask mandate for the Courthouse; whereas, the County Health Commissioner governs Baltimore County’s mask mandate. As a result, the two mandates may be slightly different during the same period of time. There is now an Adult Drug Court, and it is looking for a Coordinator. Would you please let Judge Purpura know if you know of any good candidates? All postponed cases due to the return to Phase III have been rescheduled. Cases have been double and triple booked, so be ready to go to trial. If the case in front of you does not go to trial, you shall go to trial.

FAMILY LAW: The visitation center should re-open in March; there is no need to request pre-marked exhibits to be confidential; however, when moving them into evidence in court, you must make the request. CLERK OF THE CIRCUIT COURT: E-service will be rolling out across different Departments. It will only apply to documents from the court to attorneys, and registered prose litigants. Documents will now be sent through file and serve, rather than mail. MAGISTRATE’S REPORT: Provided the court moves back to Phase V, the Visitation Center will reopen. DISTRICT COURT BENCH: The Problem-Solving Committee is up and running, and Judge Tomas has been appointed the Statewide Chair of the Committee. This will include the Adult Recovery Court and the Mental Health Court. A policies and procedures manual is being drafted. On the horizon is the potential for a DUI/DWI Court and/or a Problem-Solving Court. Based upon her recent marriage, Judge Thomas has changed her name to Judge Davis.

The Advocate

March 2022

Committee Reports DISTRICT COURT ADMINISTRATIVE: There has been a huge turnover in staff. Thus, there are training issues with getting new staff up-to-speed.

BALTIMORE COUNTY OFFICE OF LAW: The office continues to telework. Masks are required in Courtroom 5, which is in the County Office Building.

OFFICE OF ADMINISTRATIVE HEARINGS: ALJ Jana Birch retired in January. While cases are being heard in-person, DOT, Public Assistance, Medical Assistance, child negligence, foster care, and MD Police cases are all being heard remotely.

FAMILY LAW LIAISON: There are three upcoming programs:

EXECUTIVE COUNCIL: The stated meeting is on February 17th, and Steve Nolan is receiving the J. Earle Plumhoff Award. We need four more people for our Chopp’d Challenge— all proceeds go to our charity, Baltimore Education Foundation. Bar Wars will be held on March 5th at Barley Backyard Uptown. Thank you to everyone who responded to the Survey Law Day is May 2nd. Judge Matthew Fader will speak at the breakfast, and Hon. Eric Baron will speak at the noon ceremony. The Prom is May 17th. The Golf Outing (with a silent auction) is May 23rd at Woodholme Country Club. The Bull and Oyster Roast will be held in June (with a silent auction).

March 3rd - Admissibility of Electronic Evidence; March 29th - Custody Evaluations; and April 6th - Multi-Jurisdictional Family Law Judge event. YOUNG LAWYERS COMMITTEE: There is a happy hour scheduled on the outside patio at Barley’s Backyard on March 31st. The event will benefit Baltimore County Education Foundation’s needs for school supplies and its book drive. HARFORD COUNTY LIAISON: The backlog is severe and issues are anticipated as we return to jury trials. Only two courtrooms are equipped with plexiglass dividers. PORTRAIT COMMITTEE: The committee is seeking funding, as each portrait is approximately $4,200.00. The committee is currently working on the portraits for Judges Hennigan and Deeley. DIVERSITY AND INCLUSION: The speaker series continues—our recent speaker was Peter Franchot. The Summer Scholars Program has grown tremendously from last year and we need more firms to assist with hosting a Summer Scholar. – Chris Nicholson, Esq.

STATE’S ATTORNEY and PUBLIC DEFENDER: Scott and James agree: gear-up for March 7th!

Experts in Elder Law, Estate and Special Needs Planning

Medical Assistance Eligibility Planning and Asset Protection Disability Planning / Special Needs Trusts / Veterans Benefits Healthcare Directives / Living Wills Trusts / Estate Planning and Administration Wills / Powers of Attorney / Guardianship 410.337.8900 | www.frankelderlaw.com | 1.888.338.0400 Towson, Columbia, Easton

March 2022

The Advocate

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.

Phone: 443-501-2201 | Email: oﬃce@GSTeammail.com | GrowthSolutionsTeam.com

The Advocate

March 2022

Committee Reports Professionalism Committee: Pandemic Stress and Civility This issue of The Advocate is being published as we approach the two-year anniversary of the start of the COVID-19 pandemic. In March 2020, when many attorneys began transitioning to a virtual or semi-virtual law practice, we hoped the pandemic would end quickly. But that was not to be, and our collective pandemic journey has profoundly impacted where and how we practice law. Attorneys, who as a group have long reported highstress levels, felt additional pressures as they pivoted to a pandemic-era practice model. Worries about business, job retention, personal and family health and safety, mastering technology in a home setting, the challenges of delineating work versus home life when work is at home, the challenges of learning to effectively practice law, while socially distanced and masked, and participate in virtual depositions and proceedings, juggling the schooling needs for athome children, feelings of isolation, and a myriad of other factors have led to reports of increased substance abuse and depression among attorneys. In addition, too many of our colleagues suffered tragic losses of friends or family to the COVID-19 virus. Now, even with the virus numbers declining, some attorneys may be feeling “re-entry” stress after two years of a distanced or semi-distanced practice of law. Because stress can lead to a build-up of tensions in communications with adversaries, it is helpful to stay mindful of the importance of civility and its impact on our clients, our communities, and respect for the law. The Preamble to the Maryland Attorneys’ Rules of Professional Conduct recognizes that one of the basic principles underlying those Rules is “the attorney’s obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.” (Emphasis added). In my view, one of the best articles on attorney professionalism is by Sandra Day O’Connor, Professionalism, 76 Wash. U. L. Q. 5 (1998), accessible at https://openscholarship.wustl. edu/law_lawreview/vol76/iss1/2. In it, Justice O’Connor states, When the lawyers themselves generate conflict, rather than focusing on the dispute between the parties they represent, it distorts our adversarial system. More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.…

March 2022

The common objection to civility is that it will somehow diminish zealous advocacy for the client. I see it differently. In my view, incivility disserves the client because it wastes time and energy – time that is billed to the client hundreds of dollars an hour, and energy that is better spent working on the case than working over the opponent. … I suspect that, if opposing lawyers were to calculate for their clients how much they could save by foregoing what has been called “Rambo-style” litigation (in money and frustration), many clients, although not all, would pass on the pyrotechnics and happily pocket the difference. 76 Wash. U. L. Q. at 8-9. Justice O’Connor laments the decline of that “fundamental attribute of our profession” recognized by Shakespeare in The Taming of the Shrew: Adversaries in law “strive mightily but eat and drink as friends.” She suggests that this decline is tied to an increase in civility. Unfortunately, during the pandemic, we have had limited opportunity to “eat and drink as friends,” even while we have continued to need to “strive mightily” for our clients. There have been fewer in-person bar events, in-person meetings, spontaneous calls to “meet for lunch,” and chance encounters in the courthouse or while walking down the street. I say that this is unfortunate not only because I have missed having such opportunities, but also because, as many commentators on attorney civility have observed, in-person communications and collegial activities encourage civility. Fortunately, the COVID-19 numbers are again decreasing, and we can each look forward to an increase in in-person meetings and networking events as we feel comfortable. Meanwhile, we can redouble our efforts to stay in touch with, and supportive of, our colleagues. We can stay connected where in-person contact is not advisable, through video conferencing and telephone calls rather than always relying on emails and text messages which can be prone to misinterpretation. We can stay mindful of the fact that our seemingly uncivil adversaries or work colleagues may be facing pandemic-related or other stresses unknown to us. And when communications with adversary counsel get heated, we can take a breath, and remember that, as Justice Ruth Bader Ginsburg was fond of saying, we “can disagree without being disagreeable.” Note: If you are feeling overwhelmed by pandemic or isolation stress, please remember that the Lawyer Assistance Program, offering confidential assistance, can be reached at (888) 388-5459.

The Advocate

– Cynthia Leppert, Esq. 21

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

March 2022

Committee Reports Diversity & Inclusion Committee: What Diversity Means to Me Event On February 3, the ongoing and thought-provoking series, “What Diversity Means to Me,” welcomed Maryland State Comptroller Peter Franchot. Franchot is an Army veteran, serving during the Vietnam War, who later received his J.D. from Northeastern University in 1978. After 20 years as a member of the Maryland House of Delegates, Franchot was elected as the Maryland State Comptroller in 2007. Franchot is currently running to replace Governor Hogan, who is term-limited. Comptroller Franchot noted multiple policy decisions he has made in state government that have enabled greater diversity, which he proudly states: “out of diversity comes better policy.” His advances include hiring minority investment banking firms in his role as chair of the State

March 2022

Pension system and managing an office of over 1100 employees, which is blended equally with minority and female representation. In addition, Comptroller Franchot advised that he has made diversity a priority in the following ways: mandating collective bargaining policies and digital connectivity, and supporting the Minority Business Enterprise Program. Finally, Comptroller Franchot cites his opposition to redlining, continued standardized testing in public schools, and contested judicial elections as additional ways he has fought for diversity. We look forward to hearing from Catherine Curran O’Malley on March 3 and what diversity means to her.

The Advocate

– John C.M. Angelos, Esq.

Practice in Focus HB 209: Repealing One Remnant of Anti-Gay Discrimination in Maryland’s Criminal Code:

“Unconstitutional,” “Unenforceable,” and Still a Part of Maryland Law House Bill 209, introduced in the Maryland House of Delegates by Delegates Moon, Charkoudian, and Palakovich Carr aims to amend the Maryland Criminal Code and Family Law Code by removing definitions of criminal conduct listing “unnatural or perverted sexual practices” and replacing that language with “any other sexual conduct that is a crime.” Enforcement of these vague provisions has historically been used primarily to charge consenting adult men who engage in sex acts with each other. Delegate Moon described the bill’s function before the House Judiciary Committee simply: “Take out antiquated crimes in the Maryland code that had been used to target LGBTQ residents.” Those who follow the Maryland General Assembly closely should recognize the language as similar to an early version of House Bill 81, introduced in the 2020 Regular Session, which repealed the inclusion of sodomy in the same sections of the Maryland Annotated Code.

Legal practitioners in Maryland criminal courts may be surprised to see HB 209 come before the General Assembly in 2022, as these provisions of the code are rarely enforced. Indeed at the House Judiciary Committee hearing, C.P. Hoffman, Policy Director at FreeState Justice, described the provisions as “unconstitutional” and “unenforceable” following the Supreme Court’s 2003 ruling in Lawrence v. Texas. These sentiments were echoed by Carrie Williams from the Maryland Office of the Attorney General and Jessica Gart, representing the State’s Attorney’s Office for Prince George’s County, who also noted that prosecutions which included charges for “unnatural or perverted sexual practices” were ripe for appeal, thus creating inefficiency in already crowded courts. Lisae Jordan from the Maryland Coalition Against Sexual Assault summarized the problem with keeping these provisions in the Maryland code: “Only sex offenders should be charged with sex crimes, and the people who are having consensual sex are not sex offenders.” While those Marylanders charged under these statutes are unlikely to be sentenced, the availability of these charges sends mixed messages to the LGBTQ+ community who likely assumed that their private conduct was already considered purely private under the law. In addition to cleaning up erroneous sections of the Maryland code, HB 209 advances a key public policy goal for LGBTQ+ advocates: eliminating the means by which unconstitutional discrimination can be carried out under the law. Despite the evidence that few charges for “unnatural or perverted sexual practices” result in criminal penalties, this charge can still be leveled at members of the LGBTQ+ community to publicly condemn legal, private conduct. That mechanism was employed in May 2021 when, during a raid on the Bush River Books & Video store in Harford County, four men were charged with “perverted sexual practice.” The charges were eventually dropped against all four, only after the men were arrested and spent the night following their arrest in jail. One night in jail may appear like an inconvenience, rather than a gross miscarriage of justice to some. However, the collateral effects of these arrests should also be considered. First, the burden placed on the men charged in this case surely did not end when they were released from jail. The stigma that a charge of “perverted practice” carries in one’s

The Advocate

March 2022

Practice in Focus conscience and community is not extinguished just because that charge is eventually dropped, particularly when many Marylanders may lack the resources to have their records expunged. Further, this particular raid on Bush River Books & Video followed a number of community complaints about the store which invoked familiar concerns about gay men gathering too close to a family-oriented neighborhood. Arrests like these may allow private animus against LGBTQ+ Marylanders to take on the force of the law, even if the state never decides to prosecute. Advocates for HB 209 argue that the best way to prevent arrests such as these, which are ultimately unsustainable, is to eliminate their basis in the criminal code. HB 209 should also be considered in light of other legislation currently impacting LGBTQ+ people on a national scale. Increased recognition of the legal rights of LGBTQ+

Americans has faced a backlash in some states where laws have attempted to shield young people from any discussion or recognition of LGBTQ+ identities. Where the law can be leveraged to silence or criminalize LGBTQ+ adults, the message--that LGBTQ+ people are not desirable in certain communities--is sent to young people as well, including those who are just starting to explore their identities and seek acceptance in their communities. Proponents and sponsors of HB 209 affirm that other parts of the criminal code sufficiently protect the public without carrying forward historic tools of discrimination. HB 209 was cross-filed with Senate Bill 22. As of February 15, HB 209 passed the House 121 - 10. The bill now moves to the Senate, which has yet to take a vote on the crossed filed bill despite having a hearing more than a month ago. – Shannon Kreiner

Shine the Spotlight on you or a BCBA Member you know! Click Here or email rruocco@bcba.org

March 2022

The Advocate

BCBA Spotlight Newest Executive Council At-Large Member – Mariela C. D’Alessio Effective July 1, 2021, Mariela D’Alessio, Esquire was installed as the newest member-at-large for Baltimore County Bar Association’s executive council. Recently, I had the opportunity to interview her. Ms. D’Alessio shares something with past president, Rebecca Fleming: they are both New York transplants. Although Ms. D’Alessio’s family settled in Harford County in 1989, she still roots for New York sports teams. In fact, her favorite team, the New York Rangers, causes familial strife, as her husband is an avid Capitals fan. She mentioned that she still roots for the New York Yankees and New York Giants, but outside of New York, those teams are not recognized! When asked about which school she attended, her answer, Villa Julie College indicated her New York roots. Clearly, she did not receive the Baltimore memo on answering this type of question. In 2005, she graduated with a Bachelor of Arts in a pre-law/paralegal concentration. Ms. D’Alessio initially wanted to join the Federal Bureau of Investigation. However, after working as a paralegal at Bodie, Dolina, Hobbs, Friddell & Grenzer, P.C. under the tutelage of Chester Hobbs, a different path unfolded, trusts, estates, and guardianships. Already on the path to law school, this reinforced her drive to earn her juris doctor. Traveling way far south, mostly because Ms. D’Alessio is not shy about voicing her opinion regarding warm weather, she matriculated at Florida Coastal School of Law. While “vacationing” in Jacksonville, Florida, she interned with the Duval County Probate Court, which further encouraged her desire to practice in the trust and estates area of law. She received her Juris Doctor in 2010. In 2011, she sat for the Florida and Maryland bar exams, passing both. On her return to Maryland, she accepted her first job as an associate attorney at Bodie, once again working with Chester Hobbs. Because Ms. D’Alessio is driven and two bar exams were not enough, in 2013, she took and passed the Pennsylvania bar. In 2014, she joined her current firm of Smith, Gildea & Schmidt, LLC.

Mariela C. D’Alessio Besides starting a family with her husband, her biggest accomplishments include her appointment to the executive council and becoming one of the first female partners at her current law firm. Having known Ms. D’Alessio for the last eight years, these accomplishments come as no surprise. Drive, ambition, and a positive attitude delivered her the goods. Several years from now, she will be a very capable president of our BCBA. Ms. D’Alessio resides with her husband, Joe, and son in Harford County, Maryland. In her infrequent spare time, you can catch her decorating the new family home, which was built by her husband. Be sure to wear something blue. She will notice because that is her favorite color, corresponding to the Rangers uniform colors. The BCBA happily welcomes Ms. D’Alessio aboard! – Ari J. Kodeck, Esq.

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 26

The Advocate

March 2022

BCBA Spotlight Law Clerk Spotlight – Valerie Glynn Valerie Glynn is the current judicial law clerk for the Honorable Ruth Ann Jakubowski, Administrative Judge of the Circuit Court for Baltimore County. Valerie is a Maryland native, having grown up in Bel Air and attended C. Milton Wright High School. She stayed close to her roots to continue her education and attended Towson University for college and the University of Baltimore for law school. Outside of the law, one of Valerie’s biggest interests is art. In high school, she was a member of the National Art Honor Society. She continued to study art in college, graduating from Towson University in 2011 with a degree in Digital Art and Design. While in college, she worked at Apple as a Mac Specialist and then at Best Buy as an Apple Expert. Although Valerie is doing a judicial clerkship now, she has been working at the Circuit Court for Baltimore County in various capacities over the last decade. In 2011, she began working in civil assignment as a judiciary clerk, where she issued scheduling orders and hearing notices for cases. She also helped establish training procedures for new employees of the department. In July 2016, Valerie became the lead judiciary clerk for the civil department. Some of her roles included interacting with the public, judges, and attorneys on a daily basis to process pleadings and orders in a timely and efficient manner. She also supervised and conducted training for 13 employees. She also had the opportunity to prepare and process filed motions and distribute them to the appropriate judges for a ruling. A few months later, Valerie took on a new role as civil case administrator until July 2018, when she left to attend school. In her capacity as civil case administrator, she worked alongside various departments in the Circuit Court to establish scheduling procedures for civil cases and prepared scheduling order templates for application throughout the court. She also managed complex civil cases upon filing to ensure timely assignment and disposition. Valerie attended the University of Baltimore School of Law, where she graduated magna cum laude in June 2021 in the top nine percent of her class. While at UB, she served as a

Valerie Glynn mediator and Rule 19 Student Attorney in the Mediation Clinic for Families. As a student attorney, she provided free mediation services for families involved in child custody disputes before the Baltimore City Circuit Court and established and implemented best practices for using virtual platforms for mediation because of the ongoing COVID-19 pandemic. After graduating from UB, Valerie returned to the Circuit Court for Baltimore County to complete a judicial clerkship. She thought it would be a great way to get back into the workforce and she is enjoying the exposure to all different kinds of cases and areas of law. Valerie also noted that the practice research and writing experience that comes with a judicial clerkship is invaluable. Outside of work, Valerie is kept busy with her two young children. In her free time, she likes to read and channel her artistic side through painting and photography. – Erika C. Surock, Esq.

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

March 2022

The Advocate

BCBA Spotlight New Lawyer Referral and Information Service Coordinator for the Baltimore County Bar Association – Gavin Kemp The Baltimore County Bar Association would like to welcome Gavin Kemp, the new Lawyer Referral and Information Service Coordinator for the Baltimore County Bar Association. He is working part-time and you can currently find him in the main bar office on Mondays and Wednesdays from 9-1, Tuesdays and Thursdays from 2:304:30 and Fridays from 9-5.. Gavin, a junior at Towson University, is pursuing his Bachelor’s degree in Business Administration with a focus on legal studies, and hopes to attend law school. He wants to keep his options open through law school, but is particularly interested in contract law and real estate law. Gavin is from Ellicott City, Maryland and is a graduate of Centennial High School. He is an avid sports enthusiast who began playing lacrosse at age five and continued through his high school career at Centennial. While at Centennial, Gavin was also a member of the track team, competing in the long jump and the triple jump. Since high school, Gavin has scaled back his athletic pursuits, but still enjoys a day on the golf course. In addition to his athletic prowess, Gavin has been an active member of the Maryland volunteer community and was a member of many of the clubs at Centennial High School. Gavin has donated time to the Zaching Against Cancer Foundation and St. Jude’s, among other foundations. Gavin is a member of the fraternity Phi Kappa Alpha, in which he was an active member and chair of several boards within the fraternity. Since Towson entered COVID protocol, many of the fraternity’s activities have been curtailed, but Gavin is hoping that the pandemic will come to a swift conclusion allowing him to return to the activities he enjoys. Gavin decided to join the BCBA as the Lawyer Referral and Information Service Coordinator to try to get a feel

Gavin Kemp for the profession and start developing his professional network. Gavin understands the importance of social and professional relationships, which is what led him to apply for the position with BCBA. He looks forward to developing strong relationships with both the attorneys he works with and the clients who call for services. In addition, Gavin hopes to get a better understanding of the legal profession to better prepare him for law school and his future as an attorney here in the State of Maryland. Next time you receive a referral from the BCBA, make sure to reach out to Gavin and give him some advice or encouragement as he continues along his path to become a member of the legal profession. – Joseph A. Collins, 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.

The Advocate

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.

March 2022

BCBA Spotlight Courtroom Workshops for New Lawyers On February 10, the American College of Trial Lawyers, together with sponsor bar associations (BCBA included), kicked off its program, Courtroom Workshops for New Lawyers. This 12-part series, which offers monthly virtual workshops on the second Thursday of the month, will use the Rosenberg Spy Case as its case study. The Rosenberg Spy Case involves a husband and wife, Julius and Ethel Rosenberg, who were convicted of espionage on behalf of the Soviet Union. The series will include lectures, demonstrations and analysis, direct and cross examination, tips on what judges want from trial lawyers, 12 secrets of persuasion in the courtroom, trial preparation, appeals, and more. The first lecture in the series introduced the program speakers, the Honorable Paul W. Grimm, Harriet E. Cooperman of Saul Ewing Arnstein & Lehr, Charles “Chad” I. Joseph of Baxter Baker, and Paul Mark Sandler of Shapiro Sher Guinot & Sandler, P.A. The speakers each shared their tips for success in the courtroom, as well as some personal war stories from trials of years past. The second program in the series will be held on March 10 and will feature Jefferson Gray, Assistant U.S. Attorney, the Hon. Alexander Williams (ret.), and the Hon. Irma Raker (ret.). Registration is $75 for members of a local bar association and $120 for non-members. It’s not too late to register. – Tracee Orlove Fruman, Esq.

Be Treated Right. Be Treated Well. Really. W Baltimore CATONSVILLE

NW Baltimore OWINGS MILLS

N Central Baltimore TOWSON

Midtown Baltimore CHARLES VILLAGE/REMINGTON

410.356.9939

www.HQChiro.com

NE Baltimore WHITE MARSH

Downtown Baltimore FEDERAL HILL

ContactUs@HQChiro.com

Attorney Portal • Central Scheduling/Billing • Same-Day Appts • Transportation

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

March 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

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

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

For a complete list of our services and Neutrals throughout MD, DC, and VA, call (888) 343-0922 or visit www.McCammonGroup.com

The Advocate

March 2022

Ask The Trial Doctor

For important evidence, always have a backup plan

A lawyer writes in… Dear Trial Doctor, I recently tried a case before old Judge McGrumble. He is tough on everyone, and I knew I had better be prepared. I needed to get certain emails into evidence to show notice to the defendant of the dangerous condition of the premises on which my client was injured. I studied the rules of evidence closely and developed as many arguable bases on which to admit the emails as I could think of. When I tried to get the emails into evidence, Judge McGrumble sustained objections on the first two proffers. By the time I got to the third attempt, supported by another sound evidentiary argument, the judge finally gave in and admitted the emails. I was able to prove notice and obtained a judgment for my client. I am sure glad that I came prepared. Brought a Backup Dear Backup, You have grasped a fundamental truth of trial practice: Success Follows Preparation. In most cases, there is a piece of evidence that a party just has to get into the record in order to prevail. It is an awful, sinking feeling when the judge sustains an objection to the admission of this important evidence - a feeling which corresponds directly to the sinking of one’s case. Frequently, evidence which may be viewed as inadmissible under one theory or rule may be admissible under another. Because judges can bring different experiences and sensibilities to bear on an evidentiary issue, a trial lawyer may well get different interpretations of the rules of evidence, depending on the judge before whom the argument is made. The expectation that evidence offered under a single theory will always be admitted in every courtroom is a shaky foundation on which to predicate success. Prepare a backup argument (or two or three) for that piece of evidence that you just have to have admitted.

BCBA Masks and Cufflinks Now Available

Cufflinks $25

Masks $10

– The Trial Doctor

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org March 2022

Stop by or call the bar office to purchase yours! The Advocate

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

The Advocate

March 2022

Baltimore County Bar Association Family Law Committee

Admissibility of Electronic Evidence Thursday, March 3, 2022 | 12:00-1:00 pm SPEAKERS PROGRAM CHAIR LOCATION COST REGISTRATION

Jennifer Warfield Ritter, Esquire Senior Assistant State’s Attorney Howard County State’s Attorney’s Office Christine Malanga, Esquire Zoom; Brown Bag Program BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register.

Learn tips to have your electronic evidence admitted at trial and hear a review of up-to-date Maryland law on the issue. The presentation will be followed by an opportunity to ask questions.

Diversity & Inclusion Committee

What Diversity Means to Me Thursday, March 3, 2022 | 5:30 pm SPEAKERS PROGRAM CHAIR LOCATION COST REGISTRATION

Honorable Katie Curran O’Malley, Candidate for the Office of the Attorney General of Maryland Raphael J. Santini, Esquire Zoom BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register.

The Honorable Katie Curran O’Malley will speak on the topic of what diversity means to her and how she will implement diversity in the Office of the Attorney General of Maryland, if elected.

March 2022

The Advocate

Community College of Baltimore County Legal Studies Focus Group Are you an attorney or paralegal in the Baltimore Metro area?

The CCBC Legal Studies Program wants your input! CCBC’s Legal Studies program is conducting a Focus Group of attorneys and paralegals in the Baltimore Metro area. Date: April 5, 2022 Time: 8:00am-12:00pm Location: CCBC Owings Mills Center 10300 Grand Central Avenue, Owings Mills, MD 21117 CCBC is seeking a broad cross-section of legal professionals to participate in a Legal Community Focus Group – solo, small firm, medium firm, large firm, inhouse corporate, etc. to provide input on the trends and issues impacting the paralegal field. Interested volunteers, please email Donna S. Mandl, Department Chair for Legal Studies at dmandl@ccbcmd.edu.

The Advocate

March 2022

COMING SOON

March 2022

The Advocate

Banking built for law firms Nota is a business banking platform designed specifically for solo and small law firms. And it won’t cost you a thing — just open a business checking or IOLTA at M&T.¹

Are you ready to make your life easier? Law Tech Integrations Connect your bank account with with Clio, QuickBooks and LawPay Minimize time spent in multiple systems

Premier Service Support from real humans who know law firms Branchless account opening saves you time

Best-in-class Pricing No monthly maintenance fees No wire or ACH fees Higher mobile check deposit limits

Visit trustnota.com today 1 There is no charge for the use of Nota. M&T Bank’s standard deposit account and service fees may apply if not enrolled in Nota. Banking services powered by M&T Bank, Member FDIC. Nota is a product/service offered by M&T Bank and is available to attorneys whose offices and practices are in NY, NJ, MD, PA, DE, CT, VA, DC, FL, or WV. IOLTA accounts held by lawyers in these states must be subject to applicable state rules and regulations. The advertised product/services and their features and availability are subject to change without notice at any time. Use of the product/service is subject to and governed by certain terms, conditions, and agreements required by M&T Bank. © 2021 M&T Bank. All Rights Reserved.

The Advocate

March 2022

Young Lawyers District Court Chambers Chat Wednesday, March 23, 2022 12:00-1:00 P.M. With Hon. Lisa A. Phelps When: Wednesday, March 23, 2022 at 12:00 p.m. With Baltimore County District Court Judge Phelps Where: Virtual Zoom Meeting Registration Required. Click HERE to register. Link emailed upon registration. The Young Lawyers Committee is pleased to present a virtual Chambers Chat with the Honorable Lisa A. Phelps. This casual conversation with Judge Phelps will provide the opportunity to pick her brain about best practices in the courtroom and gain some valuable insight on her career. This event will be held remotely during lunchtime. Please email any questions you have ahead of time to againes@bcba.org, by Friday, March 18, 2022. March 2022

The Advocate

Due to COVID-19:

Laid off ? Furloughed? Business closed?

STOP FORECLOSURES AND GARNISHMENTS Serving all of Baltimore County for over 20 years, we represent business and personal bankruptcy—we are a debt relief agency and can help you. Get back to normal.

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

The Advocate

410-288-5788

March 2022

Young Lawyers Circuit Court Chambers Chat March 28, 2022 12:00p.m. With Hon. Judith C. Ensor and Hon. Sherrie R. Bailey When: Wednesday, March 28, 2022 With Baltimore County Circuit Court Judges Judith Ensor and Sherrie Bailey Where: Virtual Zoom Meeting Registration Required. Click HERE to register. Link emailed upon registration. The Circuit Court Chambers Chat provides young lawyers the opportunity to engage with members of the bench in an informal setting to discuss practice tips, career goals, and the "dos and don’ts" about appearing in court. Please email any questions you have for the judges ahead of time to againes@bcba.org, by March 25, 2022. March 2022

The Advocate

March 2022

Baltimore County Bar Association Family Law Committee

Custody Evaluations – “Lite” Tuesday, March 29, 2022 | 12:00-1:00 pm SPEAKERS

PROGRAM CHAIR LOCATION COST REGISTRATION

John Lefkowitz, Ph.D. Jill Eisner, Esquire; Mediation Program Co-Manager, Conflict Resolution Center of Baltimore County Ilene Glickman, Esquire Zoom BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register. Link emailed upon registration.

Learn how Dr. John Lefkowitz has been conducting custody evaluations for mediation purposes only. These evaluations, which do not meet the criteria for use in litigation, are a cost-effective way to obtain information to facilitate a resolution through alternative dispute resolution or a custody matter. Dr. Lefkowitz will present on this process. Jill Eisner will make a 10-minute presentation about the offerings of the CRC and how we may be able to utilize their services to benefit our clients.

Solo & Small Firm Committee

Lunch with Judge Dennis M. Robinson, Jr. Tuesday, April 5, 2022 | 12:30-2:00 pm SPEAKERS PROGRAM CHAIR LOCATION COST REGISTRATION

The Honorable Dennis M. Robinson, Jr. Sandy Steeves, Esquire Restaurant (to be determined) BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register.

Please join other solo and small firm BCBA members for a networking lunch to socialize with one another and speak about some of the issues that solo and small firm attorneys face in their everyday practice. Judge Dennis Robinson is going to join us to meet with members of our committee and offer advice as to some of the positive traits that he sees in lawyers from his role on the bench. March 2022

The Advocate

Check out our YouTube channel! Follow us and receive notifications when we post a video. bit.ly/BCBAYouTube 42

The Advocate

March 2022

Missing Out on Great Events Like This One?

Make sure your email address is up-to-date in the BCBA directory! March 2022

The Advocate

Young Lawyers' Happy Hour & Donation Drive at Barley's Backyard THURSDAY, MARCH 31, 2022 | 5 - 8 PM Barley's Backyard | 408 York Rd, Towson, MD 21204 We are collecting donations of the following new items for The Education Foundation of Baltimore County. Puzzles and board games (Monopoly, Jenga, Life, Uno, etc.) Social emotional supplies and resources such as journals, fine tip markers/colored pencils, fidget spinners, art/craft types of activities, paint sets, play dough Books – Pre-K to grade 6 especially in Spanish Flash cards of alphabets, numbers, color Monetary donations are also welcome. Checks should be made out to BCBA.

Appetizers and drinks sponsored by Howanski, Erdman & Borchers, LLC

Baltimore County Bar Association Presents

BAR WARS TRIVIA NIGHT April 5th at 5:30 PM

BARLEY'S BACKYARD

408 YORK RD. TOWSON, MD 21204

All Proceeds Benefit The Education Foundation of Baltimore County

$100 entrance fee per team Minimum of 2 players and maximum of 10 players per team ACT NOW: Maximum of 15 teams Prizes await our winners!

Registration Required Click HERE to register & pay online 44

The Advocate

March 2022

THE BAR ASSOCIATIONS OF BALTIMORE CITY, BALTIMORE, CARROLL, HARFORD & HOWARD COUNTIES Family Law Committees Multi-Jurisdictional Family Law Judges Panel & Dinner: A View from the Bench Wednesday, April 6, 2022 ~ 6:00 p.m. SPEAKERS

The Honorable Michael A. DiPietro, Circuit Court for Baltimore City The Honorable Colleen Cavanaugh, Circuit Court for Baltimore County The Honorable Fred S. Hecker, Circuit Court for Carroll County The Honorable Angela M. Eaves, Circuit Court for Harford County The Honorable Mary M. Kramer, Circuit Court for Howard County

PROGRAM CHAIRS

Christine Malanga, Kerri Cohen, Barbara Green, Alice Pinderhughes, Samantha Smith, Krystle Acevedo Howard and Tracey Perrick

LOCATION

Woodholme Country Club, 300 Woodholme Avenue, Pikesville, MD 21208 (complimentary valet parking available)

COST

$65 per person. Registration includes full dinner and non-alcoholic drinks.

Join us for the 5th Annual Multi-Jurisdictional Family Law dinner. Members of the Family Law Committees from Baltimore City, Baltimore, Carroll, Harford, and Howard Counties are invited to hear the panel of distinguished judges speak about the recent decision in Breona C. v. Rodney D. What does this case mean for contempt as a meaningful tool to require compliance in child custody orders? AND Emergency and expedited hearings in family law cases. The differences between the two, how to request a hearing and the process and standards used in various jurisdictions to evaluate these requests. “It’s an Emergency! Or is it?” Specific, anonymous, questions can be sent to Kerri@CohenLegalTeam.com to be submitted to the panel.

Multi-Jurisdictional Family Law Judges Panel & Dinner – April 6, 2022 *Menu Choice: ___New York Strip Steak- Red Wine Demi ___Chicken Marsala ___Cedar Plank Salmon-Grain Mustard Sauce ___Pasta Primavera Name(s) Address Email

Telephone __City, State, Zip

Program Registration Fee Support a law clerk or first-year lawyer to attend Total Amount Enclosed

$ $ $

Click HERE to register and pay online or return this form, with a check to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. March 2022 The Advocate

WE ARE LOOKING FOR THE NEXT

BCBA

Chopped Champion! Have you cast your vote yet? March 1-9 Online voting. Click HERE to see videos and vote on your favorite BCBA chefs. $1 per vote with no limit.

March 9 LIVE results show! Register HERE to watch!

All proceeds benefit The Education Foundation of Baltimore County

The Advocate

March 2022

Baltimore County Bar Association

SAVE the DATE

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

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

Party in the Plaza: Celebrating 100 Years of the BCBA

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

Ravens Tailgate October 17

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

March 2022

Young Lawyers Holiday Lunch December 2 12-2pm

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

Golf Tournament Woodholme Country Club

Holiday Party December 9

Law Day Breakfast & Noon Ceremonies May 2

Young Lawyers Field Day

May 23

TBD

The Advocate

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