The Advocate – November 2022

Advocate

The

November 2022

Newsletter of the Baltimore County Bar Association

VOLUME XXXII, NO. 4

Supreme Court Group Admission Trip 2022 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

Minnesota Lawyers Mutual Multi-Specialty HealthCare USI Vallit Advisors

November 2022

Frost Tax Law

Partner Sponsor - Corporate Chart Squad Clio CRC Salomon

The Advocate

WINNER

2022

1

AWARDS FOR PUBLICATION EXCELLENCE

The President’s Message Additionally, the following special events will be held over the next two months: • Civics and Law Academy at CCBC by the (Public Relations and Speakers Committee) • Holiday Party and Young Lawyers Holiday Party • Judge Joe Murphy’s Tribute and Portrait Unveiling • Memorial Service • National Adoption Day • Supreme Court Swearing-In Trip “But how do I find these events?” you ask. Simple, go to BCBA Event Calendar, click on the event, and register.

You will get an email reminder and a link to add to your calendar.

The fall harvest has closed as we roll into November. The days are getting shorter, and it is time to take stock of our resources for the coming winter. Thanksgiving is right around the corner. To that end, this is a friendly reminder to all BCBA members how truly thankful we should all be for our colleagues and this Association. The number of resources and variety of events we offer our members is remarkable and, I argue, unrivaled by any bar association nationwide. Yes, I said it, we are the best bar association in the country.

If you make it through all of this, you will have almost a full month to recover in anticipation of The Prom, our Annual Black-Tie Banquet, on January 26, 2023, with a new format that will delight many and no doubt infuriate a few. More details to follow. Dues statements and Prom tickets will go out in early November.

Finally, none of this happens without our bar office staff.

Thank you Rachel, Amber, Gavin, and Cooper. Please stop in to say hi to them. Hang your coat up. Make a photocopy. Print a case out for your hearing. Get a coffee or water. It’s your bar office. Use it, please.

See you around the courthouse!

So, the president “talks the talk,” but I can tell you that the executive council, bar office staff, and our committee chairs and vice-chairs truly walk the walk. To wit, the following committees have events and CLEs in the coming two months:

- Jack Turnbull Your 104th President of the Baltimore County Bar Association

• ADR • Estates and Trusts • Family Law • Negligence, Insurance, WC • Professionalism • Solo and Small Firm

Shine the Spotlight on you or a BCBA Member you know!

Click Here or email rruocco@bcba.org 2

The Advocate

November 2022

2022-23 Officers

President President-Elect Secretary Treasurer

John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI

Executive Council Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio Michael S. Barranco Stanford G. Gann, Jr., Immediate Past President

Inside This Edition

Alexander J. Walsh, Young Lawyers Chair Rachel M. Ruocco, Executive Director

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

Contributing Writers Mike Barranco Samantha Boylan Jon Cardin Kerri Cohen Suzanne Farace Tracee Orlove Fruman Michael Jacko Snehal Massey Stacy Mayer Jennifer Ritter

BCBA Events Bar Wars............................................................................. 13 Ravens Tailgate.................................................................. 11 BCBA Spotlight Change of Venue............................................................... 15 Member Spotlight: Ferrier R. Stillman.............................. 19 Welcome New BCBA Staff................................................. 17 Welcome New Circuit Court Administrator...................... 15 Committee Reports Bench/Bar Committee....................................................... 24 Continuing Legal Education Committee........................... 29 Criminal Law Committee.................................................. 22 Diversity and Inclusion Committee................................... 31 Family Law Committee...................................................... 32 Membership and Admissions Committee.......................... 21

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.

November 2022

Professionalism Committee................................................ 26 Court Notices & Calendars ..................................................... 4 Lawyer Assistance Program................................................... 18 New Laws Effective October 1................................................ 7 The President’s Message.......................................................... 2

The Advocate

3

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

2

3

4

7

8

9

10

NOVEMBER 2022 11 14 15

8-1 #1

GJP

GJP

GJP

GJP

GJP

E

GJP

GJP

V

8-1 #2

KP

KP

KMD

SDW

KDP

SDW

RAK

8-1 #3

L

16

17

18

21

22

23

24

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

T

KP

KP

KP

NBS

KP

KP

SCZ

KP

E

25

28

29

30

GJP

GJP

GJP

KP

KP

KP

X

KYW

KYW

KDP

SCZ

KMD

X

KDP

KDP

SDW

KJR

KJR

SCZ

KMD

SCZ

MLR

MLR

MLR

KCM

KCM

KCM

LR

LR

LR

MTP

MTP

MTP

LAP

LAP

LAP

NRS

BEF

BEF

H

8-1 #4 8-1 #5

KYW

KYW

KYW

KYW

KYW

E

KYW

KYW

T

KYW

KYW

KYW

KYW

KYW

KYW

KYW

X

A

8-1 #7

NBS

MWS

MWS

MWS

MWS

C

KDP

DJW

E

MWS

MWS

MWS

MWS

MWS

MWS

MWS

MWS

N

8-1 #8

KDP

KDP

KDP

KDP

X

X

KDP

KDP

KDP

KDP

KDP

KDP

KDP

KDP

X

T

I

8-1 #6

H

8-4 #1 8-4 #2

KCM

KJR

KJR

KJR

KMD/ pm KJR

8-4 #3

KMD

SCZ

SCZ

KMD

SCZ

8-4 #4

MLR

MLR

MLR

MLR

SDW

8-4 #5

GML*

KCM

KCM

KCM

KCM

8-4 #6

LR

LR

LR

LR

LR

8-5 #1

MTP

MTP

MTP

MTP

MTP

8-5 #2

SCZ

KMD

LAP

LAP

LAP

8-5 #3

BEF

DGF

GML

MBJ

GML

O

N

D

R KMD

KMD

SCZ

SCZ

DJW

X

KCM

KCM

LR

LR

MTP

MTP

MBJ

LAP

LAP

SDW

A

N

S

D

KMD/ pm KJR

KJR

KJR

SCZ

KMD

MLR

MLR

SDW LR

K

KCM/pm KJR

KJR

KJR

KJR

SCZ

KJR/am KMD/pm SCZ

BEF

SCZ

KP

KCM

MLR

MLR

MLR

MLR

NBS

SCZ

SCZ

MTP

SDW

KMD

KEM

KCM

X

LR

LR

LR

LR

LR

LR

KYW

MTP

MTP

MBJ*

MTP

MTP

MTP

MTP

MTP

LAP

LAP

LAP

LAP

LAP

LAP

LAP

JIL

DGF

SDW

KMD

BEF

JIL*

BEF

BEF

BEF

Chambers

KMD/am

O

DJW/pm L

S I G D I A V Y

JUDGES: NBS-Nancy B. Shuger, GML-George M. Lipman, DGF-Darryl G. Fletcher, SDW-Steven D. Wyman, MBJ-Megan B. Johnson, RAK-Ronald A. Karasic, JIL-Jack I. Lesser, KEM-Keith E. Mathews, NRS-Norman R. Stone, KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli,

KMD-Kimberly M. Davis, LR- Leo Ryan, MLR-Marsha L. Russell, KJR-Krystin J. Richardson, SCZ-Susan C. Zellweger, DJW-Dorothy J. Wilson, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps

* Judges’ assignments are subject to change without further notice

SAVE THE DATE

Calendar of Events

SAVE THE DATE FOR

B ALT I M OR E C O UN TY B AR AS S OC IAT IO N

ANNUAL MEMORIAL SERVICE

NOVEMBER 17, 2022 3:30 PM HISTORIC COURTHOUSE CEREMONIAL COURTROOM 5 400 WASHINGTON AVE. TOWSON, MD 21204

CLICK HERE TO REGISTER Reception to follow in Historic Courthouse, Rm. 118 4

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.

The Advocate

November 2022

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

TUESDAY

WEDNESDAY

THURSDAY

Date: 1

Date: 2

Date: 3

TO2 COHEN TO3 DESTEFANO (PM ONLY) TO4 POTTS TO5 LEGALL

CA2 SMITH CA7 FISH

CA2 LACHMAN CA5 COHEN CA7 CHRISTIE

EX1 ABELL (PM ONLY) EX2 RIGER EX3 VINES

EX1 PENDLETON EX2 CHRISTIE

EX1 PENDLETON EX2 POTTS EX3 DESTEFANO

Date: 7

Date: 9

Date: 10

TO3 DESTEFANO TO4 LACHMAN TO5 FISH

CA2 DICKSON CA7 LEGALL

CA2 VINES CA5 LACHMAN CA7 COHEN

ELECTION DAY

EX1 DESTEFANO (PM ONLY) EX2 FISH EX3 POTTS

EX1 SMITH EX2 RIGER EX3 ABELL

Date: 14

Date: 15

Date: 16

Date: 17

TO3 DICKSON TO4 CHRISTIE TO5 LEGALL

TO2 RIGER TO3 FISH (PM ONLY) TO4 ABELL TO5 PENDELTON

CA2 DESTEFANO CA7 DICKSON

CA2 RIGER CA5 ABELL CA7 LACHMAN

EX1 SMITH EX2 VINES

EX1 BORITS (PM ONLY) EX2 FISH EX3 LEGALL

Date: 21

Date: 22

Date: 23

TO3 LEGALL TO4 VINES TO5 DICKSON

TO2 CHRISTIE TO3 SMITH (PM ONLY) TO4 POTTS TO5 COHEN

CA2 LACHMAN CA7 DESTEFANO

EX1 RIGER EX2 FISH

EX1 VINES (PM ONLY) EX2 ABELL EX3 DICKSON

Date: 28

Date: 29

Date: 30

TO3 PENDLETON TO4 RIGER TO5 POTTS

TO2 LACHMAN TO3 COHEN (PM ONLY) TO4 DICKSON TO5 CHRISTIE

CA2 SMITH CA7 LEGALL

EX1 VINES EX2 ABELL

EX1 POTTS EX2 COHEN EX3 SMITH

THANKSGIVING

EX1 FISH (PM ONLY) EX2 PENDLETON EX3 DESTEFANO

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

Click here to access or go to www.bcba.org November 2022

The Advocate

5

J. Earle Plumhoff Professionalism Award Nomination Professionalism—it’s a trait that makes the truly exemplary attorney stand out among their highly competent peers. Now is your chance to honor this invaluable quality in your colleagues!

The Baltimore County Bar Association is currently soliciting nominations for the 2023 J. Earle Plumhoff Professionalism Award.

Nominations are due by November 30, 2022.

Please email a copy of your nomination to Rachel Ruocco at rruocco@bcba.org.

Nominate a deserving legal professional, who has been an active BCBA member for at least five years, by submitting a letter on their behalf, describing them as follows: 1. How they demonstrate the principles recognized in the BCBA Code of Professionalism: a. civility; b. diversity, inclusion, and equity; c. preparation; d. zeal and commitment; e. punctuality; f. communication with fellow lawyers and the court; g. adherence to deadlines; h. good faith participation in discovery, settlement, and ADR; i. service to the community; and j. education and mentoring.

2. How they have made contributions, especially those that have gone largely unnoticed, to the legal profession and to the BCBA. Nominators are encouraged to solicit accounts from others who have had occasion to interact with the nominee as a colleague, opposing counsel, or even a client.

Other information, such as a copy of the nominee’s resume, is most welcome.

Submissions should include the name, firm or employer, and contact information for both the nominator and nominee.

The award will be presented at the BCBA Stated Meeting on February 16, 2023 and the award recipient will also be recognized at the Annual Bar Banquet on January 26, 2023.

Past award recipients include: Myles F. Friedman, 1984; Richard A. Reid, 2003; Leon Berg, 2005; Hon. Keith R. Truffer, 2006; Carolyn H. Thaler, 2007; Jennifer B. Aist, 2008; Christopher W. Nicholson, 2009; Kristine K. Howanski, 2010; Harris J. “Bud” George, 2011; Mary Roby Sanders, 2012; Robert L. Hanley Jr., 2013; Hon. Robert J. Steinberg, 2014; Herbert R. O’Connor III, 2015; Drake Zaharris, 2016; Carl Gold, 2017; Dominick Garcia, 2018 and Hon. Vicki Ballou-Watts, 2019; Suzanne K. Farace, 2020; Michael S. Barranco, 2021; Stephen J. Nolan, 2022.

6

The Advocate

November 2022

Court Notices New Laws That Became Effective October 1st The legislative session of the Maryland General Assembly (MGA) meets annually from the second Wednesday of January thru the second Monday of April – 90 days. Legislation that passes both chambers goes to the Governor’s desk and must be signed or vetoed within 30 days. However, the implementation date of legislation varies and almost all legislation goes into effect either on July 1 or October 1 of the year it was passed. One exception is when legislation is deemed “Emergency,” then it becomes active immediately upon the Governor’s signature.

Dozens of laws passed in April went into effect as of October 1, 2022. In addition to their inherent importance, there are interesting stories behind each bill and its path to success. In any case, below is a list of four noteworthy October 2022 changes and then a list of a few others that may be of interest.

Marriage Age: Until now, Maryland allowed people to get married as young as 15. Now you must be 17.

The new law has several measures designed to protect 17-year-olds from being forced into marriage. The bill’s sponsor, Delegate Vanessa Atterbeary (D - Howard County), explained the change: “A judge has to make a determination after a hearing … that it is in the best interest of the child, for that 17-year-old, to be married.

The child must be assigned an attorney to represent their interests. It must be the 17-year-old who’s petitioning the court, whereas before, one of the parents could petition the clerk.” Interestingly, the law also allows 17-year-olds to get divorced. Previously, 15-year-olds could marry, but not get divorced until they were 18 years of age.

Youth Interrogation Act prohibits police from interrogating children without the presence of a parent, guardian, or attorney, except in specific situations where there’s an immediate public safety concern. Senator Jill Carter (D – Baltimore City), the sponsor of the law, believes that children who are interrogated without one of these adults present will often be pressured into giving a false confession. Senator Carter noted, “One of the situations that I remember speaking about on the floor of the Senate was a young 16-year-old in Harford County at the time, who was held for months and months and months until it was revealed that his commission of the crime was an impossibility. But he had falsely confessed.”

Hate Crimes - False Statement to a Law Enforcement Officer: If a statement to a law enforcement officer is found to be false and provided with racially provocative intentions and consequences, said statement can now be defined as a hate crime.

Child Abuse & Neglect Investigations: The State Department of Human Services must implement policies requiring a local department of social services or the appropriate law enforcement agency that fails to conduct a child abuse or neglect investigation or complete a certain report within certain statutory time frames to report the delay and the reason for the delay.

Human Trafficking: Innkeeper must establish and maintain a computerized record-keeping system for guest transactions and receipts. In addition, the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Maryland Department of Labor must approve educational training programs to identify and report suspected human trafficking accurately. Finally, innkeepers must now take action to provide employees with training on the prevention, identification, and reporting of human trafficking Spousal Privilege: The spouse of a person on trial for a crime may be compelled to testify as an adverse witness if the spouse and the person on trial married after the date on which the alleged crime for which the person is on trial occurred.

Unemployment Benefits: The Secretary of Labor will now have to investigate claims that the Secretary recovered unemployment insurance benefits in excess of the amount included in a notice provided to a claimant and refund the claimant any excess funds. The Secretary must submit a monthly report to the MGA that includes certain information on investigated claims.

Licensed Firearms Dealers Security Requirements: Legislative leaders, however, said they worked with the industry to develop rules they could support and, in turn, the MGA overrode the veto along party lines.

Removal of Health Officers: This law changes and makes more commensurate with professional inadequacies (and not political) the ability to remove a county health officer.

continued on page 9 November 2022

The Advocate

7

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.

8

The Advocate

November 2022

Court Notices Healthcare Shortages: The MGA established through statute the Career Pathways for Health Care Workers Program in the Maryland Department of Labor.

The Program will provide matching grants to eligible employers for training programs attended by healthcare workers. In addition, the Governor must include in the annual budget bill an appropriation of at least $1,000,000 for the Program.

Car Seat Safety: As of Oct. 1, all children’s car seats must be installed rear-facing until the riders are at least two years of age unless a child meets or exceeds the height and weight on the seat’s guidelines. National Highway Traffic Safety Administration research shows that children up to 23 months old are about 75% less likely to die or sustain serious injury in a rear-facing car seat than in a forwardfacing one because the force of the crash is spread more evenly across the back of the car seat and the child’s body when they’re rear-facing. Rear-facing also limits the motion of the head during a crash, reducing the potential for neck injuries by keeping the child more contained, according to Consumer Reports testimony.

individuals who take possession of dogs formerly used in fire and rescue work under a written agreement for reasonable and necessary veterinary treatment not to exceed $2,500 per year.

Establishment of Tuskegee Airman Day: This bill requires the Governor to annually proclaim the fourth Thursday in March as Tuskegee Airmen Commemoration Day. The proclamation must urge educational and cultural organizations to observe Tuskegee Airmen Commemoration Day through appropriate and informative programs and activities.

Centenarian Tax Relief: Those Marylanders 100 years of age and older can take subtraction modification under the Maryland income tax for up to $100,000 of income received during a taxable year beginning after December 31, 2021.

Sunday Drivers: The driver of a vehicle traveling slower than the general speed of traffic on an interstate highway in a rural area must drive his/her vehicle in the right-hand lanes.

Move Over Law: The Move Over Law in Maryland will expand to require drivers to make a lane change or slow down when approaching any stopped, standing, or parked vehicle displaying warning signals – including hazard warning lights, road flares, or other caution signals including traffic cones, caution signs, or non-vehicular warning signs, according to the Maryland Department of Transportation.

– Delegate Jon Cardin, Esq.

Electric Vehicle Parking Spots: An individual may not stop, stand, or park a vehicle that is not a plug-in electric drive vehicle plugged into charging equipment in a parking space that is designated by signage indicating for the use of plug-in electric drive vehicles only. Those who violate the law are subject to a civil penalty of $100.

Digital Vehicle Registration: The Motor Vehicle Administration may issue a digital 24-hour registration authorizing an owner of a vehicle to operate the vehicle on a highway in the State.

Unattended Dogs – Extreme Weather Conditions and Heat: The legislation enhances the penalty on dog owners who leaves their pet outside in either extreme weather conditions and/or high temperatures.

Declawing Cats: Veterinarians in Maryland are no longer able to perform certain declawing procedures on a cat unless the procedure is necessary for a therapeutic purpose.

Fire & Recue Dog Adoption: This bill requires certain State or local fire and rescue entities to reimburse November 2022

The Advocate

9

BCBA Events Raven’s Tailgate The threat of rain did not dampen the spirits of BCBA’s hardy Ravens fans from turning out for the annual pregame tailgate on October 2, 2022. BCBA Executive Assistant Amber Gaines arrived early to secure a prime corner spot underneath the I-395 ramp in Lot H to provide cover, and the rain held off for the most part, despite the dire forecast. There was plenty of delicious food and beverages to be enjoyed. Especially notable was the pulled chicken barbeque prepared by executive council member Rob Erdman.

As for the Ravens, consistent with other games in this year’s early season, the team jumped out to an early lead.

Lamar Jackson completed a short touchdown pass to running back J.K. Dobbins within minutes of the start, and then Dobbins rushed for another touchdown to close out the first quarter with the Ravens leading 14-3.

Mr. Reliable, Justin Tucker, added to the lead with two field goals (42 yards and 51 yards, respectively) in the second quarter to stretch the lead to 20-3 before halftime.

10

However, the Bills and their talented quarterback, Josh Allen, did not fold their tent. The Bills responded with a touchdown before the half and 10 more unanswered points in the third quarter to bring the game to a 20-20 tie with minutes remaining. The Ravens had their chance to put away the Bills, positioned at the one-yard line and only second down, but after two unsuccessful run plays, Lamar Jackson was intercepted on the 4th down attempt in the zone on a throw made from a scramble. In doing so, Allen and the Bills then advanced the field steadily and ran off the clock. With time running out and only seconds to go, Bill’s placekicker, Tyler Bass, kicked a 21yard field goal to secure the comeback win for the Bills.

While the somewhat shocking ending surely dampened the spirits of the BCBA members in attendance more than the fourth-quarter rain, the season is still young. Next year, October sunshine and football weather will surely return, along with another memorable BCBA tailgate.

The Advocate

– The Honorable Mike Barranco

November 2022

BCBA Events

November 2022

The Advocate

11

BCBA Events

A Debt-Relief Agency Serving all of Baltimore County for over 25 years, we represent business and personal bankruptcy— we can help you get back to normal.

CALL 1-800-BANKRUPT The Law Offices of Nicholas J. Del Pizzo, III Baltimore, Maryland • 410-288-5788 12

The Advocate

November 2022

BCBA Events Bar Wars The first of two Bar Wars Team Trivia competitions was held on Tuesday, October 18th at Barley’s Backyard in Towson. All funds raised through registration fees and raffles will be donated to Safe Alternative Foundation for

November 2022

Education. The winning team, ‘The Lucky Ones’ proudly took home the trophy much to the disappointment of the second place team, ‘Get Out of Jail Free’. Join us for our next Bar Wars Team Trivia on March 2nd, 2023.

The Advocate

13

BCBA Spotlight

14

The Advocate

November 2022

BCBA Spotlight Welcome Our New Circuit Court Administrator Stephanie Medina was appointed by the bench of the Circuit Court for Baltimore County to become the Court Administrator, effective October 4, 2022. Stephanie replaces long-time Court Administrator Tim Sheridan, who became Court Administrator for the Montgomery County Circuit Court. Stephanie is the first female and first person of color to serve as the Court Administrator in Baltimore County.

Stephanie is already quite familiar with the operations of the Circuit Court for Baltimore County, as she served as Deputy Court Administrator for the past four years.

Prior to that, she served as Deputy Court Administrator for Baltimore City Circuit Court and Acting Court Administrator during the Freddie Gray police trials and a fire that damaged the Mitchell Courthouse. She was also the Program Coordinator for the Baltimore City Criminal Justice Coordinating Council. Prior to working for the Courts, Stephanie was the Deputy Director General for the Belize Red Cross Society. Stephanie believes that her diverse and interesting experiences will benefit the Court and the citizens of Baltimore County in her new role.

Stephanie hails from Belize, Central America, and received her Bachelor of Arts in Sociology from the University of Hawaii at Hilo in 2005, her Master of Arts in Criminology from Indiana University of Pennsylvania in 2008, and her Master of Science in Organizational Development and Leadership from Saint Joseph’s University of Pennsylvania in 2012. In 2018 she earned her Certified Court Executive credential from the National Center for State Courts, Institute for Court Management (ICM). Stephanie is also active in the MidAtlantic Association for Court Management (MAACM) and currently serves on the MAACM Board of Directors.

Stephanie is no stranger to working through new and unusual challenges the Court faces. When Stephanie first came to the Baltimore County Circuit Court in 2018, the Court was then in the process of transitioning to MDEC. Stephanie was heavily involved in planning and coordinating training for judges and staff and developing processes for MDEC case handling. Then, as everyone is aware, in March 2020, the Courts were faced with COVID shutdowns and the interpretation of the many orders concerning the phases of the court. Suddenly, a vast majority of the Court’s business was being conducted remotely and via zoom hearings.

Tim gave Stephanie a mug that describes the role of a Court Administrator as “someone who acts as a juggler, November 2022

Stephanie Medina referee, accountant, and cheerleader in the course of a single day.” She believes this to be true since “every day is different.” The job involves the management of cases, making sure the court functions, human resources issues, facility issues, and a multitude of other issues to make a Court run smoothly in the delivery of justice.

Stephanie enjoyed her past roles and is enjoying the challenges of her new role even more. Looking forward, some of the issues she is focused on is workforce development. As she puts it, “[w]hat is a court without its people?” She believes she and the court have learned much from the COVID experience, including the importance of cross-training and access to training. She views helping court personnel grow personally and professionally as an important function of her job. She is also excited about new technologies and video capabilities. “The focus is on the future needs of the court and the public’s experience.”

Stephanie also enjoys her role serving on several court administration workgroups. She believes Baltimore County, as one of the larger jurisdictions, should be helping to lead the way into the future.

– The Honorable Michael Barranco

Change of Venue

Damien Banks recently opened his own firm, The Banks Firm, which specializes in personal injury and medical malpractice cases. His office is in downtown Baltimore.

New job? Promotion? Hanging a shingle? Tell us about it! The Advocate would like to feature your professional news in our next issue. Please email rruocco@bcba.org with your updates.

The Advocate

15

BCBA Spotlight

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

James W. Barkley, Esq. Construction, Insurance Coverage and Complex Dispute Mediator

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. 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. Marcus Z. Shar (Ret.) Retired Associate Judge, Circuit Court for Baltimore City

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

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

Hon. Jeri K. Somers (Ret.) Retired Chief Judge, United States Civilian Board of Contract Appeals

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

16

The Advocate

November 2022

BCBA Spotlight Welcome New BCBA Staff: Cooper Beeson If you have visited the BCBA office recently, you may have had the opportunity to meet the newest member of our team, Cooper Beeson. Cooper is a familiar face around the courthouse, as he interned with the BCBA during his senior year of high school. He made such an impression that he was offered a part-time position with the BCBA. Cooper, a lifelong Towson resident, graduated in 2022 from Towson High School, where he was part of the Law and Public Policy magnet program. Cooper is currently a freshman at Towson University. Although Cooper is just embarking on his college career, he has already decided on his future career path. After college, Cooper hopes to pursue a law degree and practice in California. In addition, he would like to obtain his doctorate and one day teach criminal justice.

Despite being a new employee with the BCBA, Cooper’s internship with the office has already given him a great introduction to the Baltimore legal community. Cooper said, “I have really appreciated the ample opportunity to network. As someone who wants to pursue a career in the field of law, I find it extremely helpful to have the opportunity to meet the people through our various in-person events.” Cooper looks forward to refining workplace skills such as time management, responsibility, and professionalism. In his time with the BCBA, Cooper has learned that judges and attorneys are “just like everyone else,” and are both approachable and friendly.

Cooper’s contributions to the BCBA began before he was even a paid employee when he helped develop the BCBA’s mobile app.

“When I was interning with the BCBA, Rachel [Ruocco] and I spoke about the future of the BCBA and how we could modernize more in terms of technology,” said Cooper. Cooper worked directly with app developers, MobileUp, in designing the app, from what it would look like, its features, and the overall general vision of the app.

Cooper says that members should keep an eye on the app, as many updates are planned, with more discounts coming!

November 2022

Cooper Beeson When he’s not working for the BCBA or attending college classes, Cooper enjoys rugby and working out and is involved in the criminology club and the Young Democrat Socialists Club. If you see Cooper around the courthouse, be sure to say hello. Welcome (back) to the BCBA, Cooper!

– Tracee Orlove Fruman, Esq.

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

The Advocate

17

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

18

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

November 2022

BCBA Spotlight The Daily Record Names Ferrier R. Stillman To Its 2022 Family Law Power List (Baltimore, Maryland)… The Daily Record names Ferrier R. Stillman, a partner at Tydings & Rosenberg LLP, to its 2022 Family Law Power List.

Ferrier Stillman practices family law at Tydings. She has represented clients in complex domestic relations cases throughout Maryland for decades.

In 2017, Ferrier was elected to the board of directors of the Downtown Partnership of Baltimore and to its Executive Committee in 2020. She has been named to The Daily Record’s Circle of Excellence, a distinction earned by being named one of Maryland’s Top 100 Women three times. Maryland’s Top 100 Women was created to recognize outstanding achievement by women as demonstrated through professional accomplishment, community leadership, and mentoring.

Upon learning of her receipt of this award, Ms. Stillman said, “I am humbled to be honored among these lawyers.” Diane D’Aiutolo, Tydings’ managing partner, said of the award, “Tydings is pleased that Ferrier’s many accomplishments and contributions have been recognized by the legal community.”

The Daily Record honors family law practitioners with this award who have demonstrated outstanding achievement through professional accomplishments.

Ferrier R. Stillman Tydings is a Maryland-based law firm serving clients throughout the mid-Atlantic region. The firm provides a wide range of legal services in a variety of areas, including bankruptcy and creditors’ rights, corporate, business and tax, general and commercial litigation, health care provider representation, employment counseling and litigation, IP, real estate, estates and trusts, and family law. For more information on our services, visit www.tydings.com.

Change of Venue

Damien Banks recently opened his own firm, The Banks Firm, which specializes in personal injury and medical malpractice cases. His office is in downtown Baltimore.

New job? Promotion? Hanging a shingle? Tell us about it! The Advocate would like to feature your professional news in our next issue.

Please email rruocco@bcba.org with your updates.

November 2022

The Advocate

19

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

20

The Advocate

November 2022

Committee Reports Membership and Admissions Committee: Law Clerk Orientation On October 17, the Membership and Admissions Committee hosted the Baltimore County Circuit Court law clerks for our annual Bar Association Law Clerk Orientation at Barley’s Backyard. The law clerks received advice from the Honorable Vicki Ballou-Watts from the perspective of the bench and heard from a panel of three former law clerks about their experiences. The panel was moderated by committee chair, the Honorable Syeetah Hampton-El. The law clerks then enjoyed a night of networking with representatives from the bar association including President Jack Turnbull and were encouraged to take advantage of bar association membership during their clerkship. The committee would like to thank Judge Ballou-Watts for her remarks, our panel of former law clerks: Valerie Taylor (PK Law), Alexis Holiday (Turnbull, Nicholson & Sanders), and Jasmine Pope (Turnbull, Nicholson, & Sanders), and finally, Judge Hampton-El for moderating the discussion.

– Samatha Boylan, Esq.

November 2022

The Advocate

21

Committee Reports Criminal Law Committee: Criminal Law Update The Maryland Law of Cell Phone Search Warrants: Richardson v. State, No. 46, September Term, 2021, Moats v. State, 455 Md. 682 (2017), and Stevenson v.

State, 455 Md. 709 (2017).

Ask any prosecutor what single source of information renders the most useful evidence for trial, and they will likely say the cell phone. With photographs, text messages, internet searches, and social media content, access to a suspect’s cell phone can reveal a treasure trove of potential evidence. Given this reality, it was inevitable that the issue of government access to a cell phone would eventually require constitutional protections.

In Riley v. California, 573 U.S. 373, 393 (2014), the Supreme Court of the United States recognized that “[c]ell phones differ in both a quantitative and qualitative sense from other objects that might be kept on an arrestee’s person. The term ‘cell phone’ is itself misleading shorthand; many of these devices are in fact microcomputers that also happen to have the capacity to be used as a telephone.” Riley v. California, 573 U.S. 373, 393 (2014). The Court continued, “Indeed, a cell phone search would typically expose to the government far more than the most exhaustive search of a house: A phone not only contains in digital form many sensitive records previously found in the home; it also contains a broad array of private information never found in a home in any form – unless the phone is.” Id. at 39697. After recognizing the significant privacy interests associated with the search of a cell phone, the Supreme Court concluded that before searching the content of a cell phone, the police must obtain a warrant. Id. at 403.

With Riley establishing that police may seize and retain a cell phone pursuant to a lawful arrest but must obtain a warrant to search the contents, Maryland’s state courts have sought to define what information is required to establish probable cause to issue the necessary warrant.

Beginning with two companion cases, Moats v. State, 455 Md. 682 (2017) and Stevenson v. State, 455 Md. 709 (2017), the Court of Appeals established a broad framework for what information may establish probable cause. More recently, in Richardson v. State, No. 46, September Term, 2021, the Court of Appeals further recognized the privacy interests associated with the search of a cell phone by narrowly tailoring the scope of the search based on the facts supporting the warrant.

In Moats, police seized a cell phone pursuant to an 22

arrest for drug distribution. The suspect was also under investigation for an alleged sexual assault that occurred the same night. Police retained the cell phone seized during the arrest after the suspect was released from custody and did not obtain a search warrant until three days after his release. The issues before the Court were 1. whether the police could retain a phone seized pursuant to a search incident to arrest following the suspect’s release from custody and 2. whether the warrant issued was supported by probable cause. On the other hand, Stevenson involved the search of a cell phone seized from a suspect on unrelated charges where evidence of another robbery was found on his person at the time of his arrest. The issue in Stevenson was whether there were sufficient facts to connect the crime alleged in the warrant to the content of the cell phone to justify a finding of probable cause to issue the warrant.

In both Moats and Stevenson, the Court of Appeals began its analysis by recognizing that the Fourth Amendment “prohibits the issuance of any warrants except ‘upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.’” Moats, 455 Md. at 698 (quoting U.S. Const. amend. IV); Stevenson, 455 Md. at 722. Applying the Riley analysis, the Court found in Moats that “implicit in the Court’s holding [in Riley] the police may hold a cell phone seized pursuant to a lawful arrest for as long as is necessary to seek a search warrant.” Moats, 455 Md. at 968-69. After discussing the nature of the probable cause, the Court ultimately concluded, “In the end, each application for a warrant to search a cell phone is to be addressed by the judge on the merits of the affidavit. The judge will necessarily consider the nature of the crime being investigated, the facts provided in support of the connection between that crime and the cell phone to be searched, and, depending upon the affiant’s demonstrated training and experience, the degree to which the deference owed to the affiant adds to the ultimate decision. The decision of the warrant-issuing judge will ultimately rest on whether, in its totality, the affidavit sets forth a fair probability that the information will be found in the cell phone to be searched.” Id. at 705; Stevenson, 455 Md. at 732-33.

What was not addressed in the majority opinion in Moats, but was raised in the concurring opinion, was the issue of the particularity of the warrant related to the extent of the data on the phone to be searched. Judge

The Advocate

November 2022

Committee Reports

Adkins, writing for the concurrence, noted that “[t]he particularity requirement ‘ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.” Moats, 455 Md. at 707 (concurring opinion)(quoting Maryland v.

Garrison, 480 U.S. 79, 84 (1987)). She cautioned that “temporal limitation on data searches may be essential to satisfy the particularity requirement of the Fourth Amendment.” Moats, 455 Md. at 708. This cautionary discussion foreshadowed the Court’s next foray into the scope of warrants to search cell phones, Richardson v.

State, No. 46, September Term, 2021.

Richardson involved the search and seizure of a cell phone located in a backpack found at a schoolyard brawl. Requested in the warrant application, and eventually authorized by the warrant, was the seizure of “[a]ll information, text messages, emails, phone calls (incoming and outgoing), pictures, videos, cellular site locations for phone calls, data and/or applications, geo-tagging metadata, contacts, emails, voicemails, oral and/or written communication and any other data stored or maintained inside of [the cell phone].” Id. at 8. On appeal, the Petitioner challenged the scope of the warrant. The Court noted that while in the physical world limiting the scope of a search was fairly easy, “it has proven to be more challenging for law enforcement agencies and courts to apply the particularity requirement in the digital world. . .[a]s electronic data can be hidden in multiple formats and places in a cell phone, or on a computer, it can be difficult for officers to specify in advance section of the device that should be searched.” Id at 22.

The Richardson opinion explored ways in which the particularity requirement could be satisfied. First, the Court suggested the warrant could contain information regarding the protocol to be used to search the phone.

Richardson, slip op. at 23. Citing with approval two Federal opinions discussing search protocols as a means of satisfying the particularity requirement, the Court noted that, “[t]he Government must provide the court with as specific a description of the place to be searched and the things to be seized as the circumstances reasonably allow. . . . Regarding the places to be searched, . . . in the digital universe, particular information is not accessed through corridors and drawers, but through commands and queries. . . . By providing a search protocol November 2022

explaining how it will separate what is permitted to be seized from what is not, the government can more easily and satisfactorily explain to the court how it will decide where it is going to search.” Id. (quoting In re Cellular Telephones, No. 14-MJ-8017-DJW, 2014 WL 7793690, p.8 (D. Kan. Dec. 30, 2014)). “Protocols” include the search terms to be used, third-party software to be used, and descriptions of how the software limits the data to be searched. Id. at 25.

Next, the Court suggested limits be placed on where officers may search, what they may look for, and the time period they may search. Id. at 27. “For example, if there is probable cause to believe that evidence of a crime will be found in text messages, but not in photos, videos, or any other applications on a particular phone, then the issuing judge reasonably may limit the search warrant to text messaging applications found on the phone, rather than authorize the officers to access the entire phone.”

Id. The most obvious of limitations, the Court noted, is to place a temporal restriction on the data to be searched.

Id. at 28. The Court specifically discouraged the use of “catchall” language like “any and all information” and noted that, in general, such broad language will not satisfy the particularity requirement. Id. at 30-31. The Court concluded by noting that “[t]here is no ‘one size fits all’ solution for ensuring particularity in cell phone searches warrants.. . . Ultimately, the key point is that a search warrant for a cell phone must be specific enough so that the officers will only search for the items that are related to the probable cause that justifies the search in the first place.” Id. at 32-33.

As a final note to practitioners, law enforcement, and reviewing courts, the Court of Appeals made it clear that “a warrant that permits police to search everything on a cell phone, with no limitations whatsoever on the executing officers’ discretion, violates the particularity requirement of the Fourth Amendment. That understanding will necessarily inform a good-faith analysis with respect to any such cell phone search warrants that are issued after today.” Id. at 43, n. 19.

That date was August 29, 2022.

The Advocate

– Jennifer W. Ritter, Esq.

23

Committee Reports Bench Bar Committee Report The Bench/Bar Committee held its October meeting on October 13, 2022, with Chairperson Marissa Joelsen and vice chair Aidan Smith presiding.

Administrative Judge Ruth Jakubowski delivered the Circuit Court Bench Report, announcing that the court has resumed using all courtrooms for jury trials. The plexiglass dividers, installed during the height of the pandemic, are in the process of being disassembled, which should make sight lines better for jurors. Jury selection will remain at the American Legion through September of 2023 while the County constructs a new jury assembly room in the courthouse’s basement. That new space will occupy the former 911 call center and consist of three courtroom settings in which juries can be selected simultaneously. Demolition will begin this November, and all are excited about this amazing new space. Thanks to the County for its commitment to the project and the use of the American Legion in the interim.

The circuit court trial calendar is booked, and cases are “bumper to bumper.” Nevertheless, civil and criminal cases are moving efficiently. Since the resumption of jury trials in March, the Court has resolved approximately 700 cases.The breakdown for civil cases is as follows: • 395 have settled prior to jury selection; • 71 were jury trials; • 76 cases were bench trials; • 91 were postponed by the parties; and • 43 were postponed by the court.

On the criminal side, the docketed cases went as follows: • 43 cases were tried to a jury verdict, including 38 murder/manslaughter cases; • 71 cases were pre-trial pleas; • 12 were bench trials; and • 7 were “kitchen pleas” at the American Legion.

The Court is aware that the busy criminal and civil trial calendars have caused some family law cases to be placed on standby and is doing everything possible to move them.

To that end, the magistrates have been critical. They are conducting settlement conferences and have now been authorized to hear two-day cases, along with their regular duties. Finally, in the family law arena, the Court will now refer contested adoption cases to mediation.

24

The Circuit Court is now at full complement with the Honorable Michael Barranco having been sworn in at a private ceremony. A formal investiture will follow. A few changes to the courtroom assignments have also occurred.

Judge Glennon is a new juvenile judge, and Judge Epstein is taking over for Judge Cavanaugh as lead Family Law judge.

Stephanie Medina, the new State Court Administrator, joined the meeting and was warmly welcomed by all.

Stephanie previously served as deputy to Tim Sheridan, who was recently hired as the Montgomery County State Court Administrator.

The Circuit Court Clerk’s Office reported that their floors are being renovated beginning this November.

That renovation will require the temporary displacement of specific departments, so there may be some reshuffling of department space for the foreseeable future. In addition, the Orphan’s Court courtroom will be under construction in December, and their proceedings will temporarily move to available courtrooms.

Magistrate Dilip Paliath reported that the Family Recovery Support Program (FRSP) is hiring a new case manager. FRSP has already received many applications thus far.

Administrative Judge Dorothy Wilson happily reported that the District Court Bench is now at full complement as well. The Honorable Kathleen Murphy was recently sworn in and is undergoing orientation throughout October. Judge Murphy will be sitting in Towson after her orientation concludes. The docket structure for 2023 is being finalized, and the district court expects to remain busy.

Maria Fields gave the District Court Administration Report, indicating that the clerk’s office is now fully staffed and the new hires are currently undergoing training. In response to a question about scheduling matters, Maria encouraged attorneys to request a Division Chief when an issue arises.

Rachel Ruocco delivered the Executive Council report, reminding everyone to check the calendar for upcoming events. Bar Wars and the Stated Meeting are next week and the Pro Bono reception is also coming up. In addition, the Prom will again be held at Martin’s Valley Mansion and return to its January timeslot.

The Advocate

November 2022

Committee Reports

Rachel also reported for the Family Law Liaison that the Towson Tavern happy hour was a great success. Handouts on the child support issues discussed are available for anyone interested. Thanks to Vallit Advisors for sponsoring the event. Upcoming Family Law Committee events include a brown bag lunch on November 3rd with Estates and Trusts.

Greg Gaskins reported from the Office of Law that teleworking continues given the ongoing renovations to the Historic Courthouse.

State’s Attorney Scott Shellenberger advised that their office is busy and the reopening of all courtrooms for jury trials has helped with caseloads.

On behalf of the Portrait Committee, Harry Chase reported that Judge Hennegan’s portrait is now on display and the Committee continues to raise funds.

District Public Defender Jim Dills reported that his office is busy with multiple cases. There is also a new procedure based on the juvenile interrogation legislation effective October 1st. The Office of the Public Defender has established a statewide 24/7 hotline for juveniles to speak with an attorney before custodial interrogation. The hotline number has been shared with police agencies and State’s Attorney’s Offices.

Alex Walsh presented the Young Lawyers report. The lunch and toy drive are back in person. The Young Lawyers are also putting together chamber chats and will have a field day in the near future.

The next meeting of the Bench Bar Committee is scheduled for November 10th at 8 AM. If anyone has an issue to bring to the Committee, please speak with an at-large member, who can be found on the Bar website and app.

– The Honorable Stacy A. Mayer

Local Solutions. Global Reach.

November 2022

The Advocate

25

Committee Reports Professionalism Committee: Dealing With the Self-Represented Litigant Self-represented parties in our courts are an everincreasing number. It is not uncommon for cases to include a lawyer representing one side and a self-represented person on the other side or two self-represented litigants.

These cases, however, can present unique challenges to an attorney’s duties of professionalism. One of the most significant challenges is that self-represented litigants are not bound by the same Rules of Professional Conduct that govern attorneys.

Maryland Rule of Professional Conduct 19-304.3 (formerly Rule 4.3), entitled “Dealing with Unrepresented Person,” governs an attorney’s obligation to an unrepresented person. That Rule states: An attorney, in dealing on behalf of a client with a person who is not represented by an attorney, shall not state or imply that the attorney is disinterested. When the attorney knows or reasonably should know that the unrepresented person misunderstands the attorney’s role in the matter, the attorney shall make reasonable efforts to correct the misunderstanding.

The Comments to that Rule offer additional guidance.

The Comments first caution against the situation where an attorney has an unrepresented party whose interests are possibly adverse to his or her client’s interests. The Comments state that “in [this] situation, the possibility that the attorney will compromise the unrepresented person’s interests is so great that the attorney should not give any advice” other than that the unrepresented party should secure an attorney. Comment 2 of Md. Rule of Professional Conduct 19-304.3. The Comments nonetheless support attorneys being able to engage with Self-Represented litigants in certain matters and practices that pertain to a transaction or the resolution of a dispute. Comment 2 states explicitly: [2] … This Rule does not prohibit an attorney from negotiating the terms of a transaction or settling a dispute with an unrepresented person.

So long as the attorney has explained that the attorney represents an adverse party and is not representing the person, the attorney may inform the person of the terms on which the attorney’s client will enter into an agreement or settle a matter, prepare documents that require the person’s signature and explain the attorney’s

26

own view of the meaning of the document or the attorney’s view of the underlying legal obligations.

Maryland Rule of Professional Conduct 19-304.3, Comment 2 (emphasis added).

If you communicate with a self-represented litigant, put it in writing. That way, there may be less chance of misunderstanding or disagreement about what was communicated. In addition, try to avoid using legal terminology or jargon whenever possible. Similarly, avoid statements about what you believe a trial court may or may not do with a particular legal or factual issue, lest you run afoul of Maryland Rule of Professional Conduct 19-304.3.

In their efforts to represent themselves, self-represented litigants may feel overwhelmed and intimidated by the task they have taken on. They may react out of fear, anger, anxiety, or confusion. No matter how potentially challenging they are to deal with, it is still important to always treat self-represented litigants with dignity and respect. The Preamble to the Rules of Professional Conduct, titled the “Ideals of Professionalism”, is instructive. These Ideals of Professionalism state, in pertinent part: An attorney should understand that: (1) professionalism requires civility in all dealings, showing respect for differing points of view, and demonstrating empathy for others; (2) courtesy does not reflect weakness; rather, it promotes effective advocacy by ensuring that parties have the opportunity to participate in the process without personal attacks or intimidation; (3) maintaining decorum in every venue, especially in the courtroom, is neither a relic of the past nor a sign of weakness; it is an essential component of the legal process; (4) professionalism is enhanced by preparing scrupulously for meetings and court appearances and by showing respect for the court, opposing attorneys, and the parties through courteous behavior and respectful attire; (5) courtesy and respect should be demonstrated in all contexts, not just with clients and colleagues, or in the courtroom, but also with support staff and court personnel;

The Advocate

November 2022

Committee Reports

Download the NEW Baltimore County Bar Asssociation App on Google Play or App Store

(6) hostility between clients should not be a ground for an attorney to show hostility or disrespect to a party, an opposing attorney, or the court; (7) patience enables an attorney to exercise restraint in volatile situations and to defuse anger, rather than elevate the tension and animosity between parties or attorneys; and (8) the Ideals of Professionalism are to be observed in every kind of communication, and an attorney should resist the impulse to respond uncivilly to electronic communications in the same manner as he or she would resist such impulses in other forms of communication.

Md. Rule of Professional Conduct, Appendix 19-B. These Ideals of Professionalism can be helpful to keep in mind when dealing with self-represented litigants.

– Suzanne K. Farace, Esq.

November 2022

The Advocate

27

Baltimore County Bar Association Family Law & Estates and Trust Committees

WHERE ESTATES AND TRUSTS MEETS FAMILY LAW Please join us November 3rd at 12:30 pm for a brown bag lunch via zoom to learn best practices and ethical considerations when advising clients in estate and family law matters, including marital settlement, prenuptial, and postnuptial agreements and more...

Panel of Speakers: Marie-Yves Nadine Jean Baptiste Cheryl Jones Richard Abraham Send your questions in advance to Kerri@cohenlegalteam.com Location: Zoom Cost: BCBA Members, Free Non-Members, Free

Thursday, November 3, 2022 12:30 pm

(donations welcome)

Registration Required. Click HERE to register. Link emailed upon registration.

Program Chairs: Kerri Cohen and Marie-Yves Nadine Jean-Baptiste 28

The Advocate

November 2022

Committee Reports Continuing Legal Education Committee: Employee Retention CLE On October 19, the BCBA’s CLE committee cosponsored an event with its counterparts in the Prince George’s County Bar Association and the Alliance of Black Women Attorneys on the Employee Retention Credit (ERC). Rebecca Sheppard and Peter Haukebo from the tax controversy practice group at Frost Law educated participants on this lesser-known tax credit that was created and then tweaked by each of the major pieces of federal legislation to address the economic effects of the coronavirus. Worth up to $26,000 per employee and fully refundable, the ERC presents a powerful tool for small businesses, including law firms, to recapture income

lost during the pandemic. Businesses can qualify based on one of three tests: 1. a loss in gross receipts compared to 2019, 2. a full or partial suspension of some portion of the business in response to government orders, or 3. being a new startup that has begun doing business since February 15, 2020. There is still time to claim the ERC for 2020 and/or 2021. Those interested in learning more could contact Rebecca (Rebecca.Sheppard@FrostTaxLaw. com) or Peter (Peter.Haukebo@FrostTaxLaw.com) at Frost Law. – Michael Jacko, Esq.

A family of brands PROUD SPONSOR OF THE BALTIMORE COUNTY BAR ASSOCIATION

Multi-Specialty HealthCare has continued to expand its footprint across the mid-Atlantic.

We are excited to announce that as we expand, we will be combining our family of premier injury care providers into one, Excelsia Injury Care.

Multi-Specialty.com | InjuryCareCenter.net | TriCountyPMC.com

November 2022

The Advocate

29

Generously Sponsored By:

ADR & NEGLIGENCE, INSURANCE AND WORKERS COMP COMMITTEES PRESENT:

HOW TO SUCCEED IN MEDIATION

BY REALLY TRYING Program Chairs: Alison Kohler, Esq. Christine Britton, Esq.

7 NOVEMBER

5:30-7:30PM

Breads and Circuses Bistro & Bar 401 Delaware Ave, Towson, MD 21286

SPEAKERS THE HON. KATHLEEN G. COX (RET.)

ALISON D. KOHLER, DUGAN, BABIJ, TOLLEY & KOHLER, LLC FRANK F. DAILY, THE LAW OFFICES OF FRANK F. DAILY, P.A.

A panel will discuss varying strategies for successful mediation.

What helps the mediator? How can you resuscitate the stalled mediation? How do you prepare your client for mediation? Learn this and lots more in a relaxed happy hour setting.

REGISTER HERE 30

The Advocate

November 2022

Committee Reports Diversity & Inclusion Committee: The Importance of Inclusive Language Language is both a mirror and a force, constantly reflecting and influencing our actions, attitudes, and beliefs. Using intentional, inclusive language requires us to continually examine our unconscious biases and linguistic customs.

Inclusive language, in its most fundamental form, focuses on understanding and embracing the humanity of communication. Learning to speak inclusively requires us to keep learning, practicing, and pushing ourselves towards personal growth.

Six Guidelines for Inclusive Language 1. Put people first. Use person-first language. When describing others, start with the word “person” or “people.” For example, say “a person with diabetes” versus “a diabetic.” At first, this may seem like a minor or unnecessary distinction. It isn’t. Adopting personfirst language acknowledges the complexity of personal identity and recognizes that each person is so much more than any one of their identity descriptors. In other words, saying “a person with” maintains that the descriptor is just one aspect of the person’s identity (just as you would say “a person who likes to cook” or “a person with brown hair”). Additionally, only include identity descriptors of people when they are relevant to the current discussion.

2. Use universal phrases. Avoid idioms, acronyms, jargon, and cultured phrases that may not make sense to all people. For instance, consider the American phrase “hit it out of the park,” the British phrase “throw a spanner in the works,” or the Australian phrase, “it’s chokers in here.”

All three are in English, yet none translates well outside of its native national culture. In a professional setting, phrases like these may impede effective communication and make people feel uncomfortable, embarrassed, confused, or excluded.

4. Use genderless language. Discontinue the generic use of “man” or “guy” to describe people, as in “mankind,” “policeman,” or “you guys.” Those terms reinforce a culture that exclusively favors men. Replace these with terms that are gender-free such as “humanity,” “police officer,” and “everyone.” When choosing a pronoun for an unknown person, choose the singular “they’ instead of “he” or the clunky “he/she.” Doing so acknowledges the full spectrum of gender identities including individuals who are nonbinary.

5. Be thoughtful about the imagery you use. Be sensitive in your use of symbolism. Take into consideration that some descriptors hold negative connotations for others and can therefore be offensive. Examples include the words “black,” and “dark,” and “blind” as in a “black mark,” “dark day,” and “blind spot.” Avoid this pitfall by expressing ideas literally, when possible, for example. “It was a sad day,” rather than “It was a dark day.”

6. Clarify if you aren’t sure. As coworkers and clients get to know you better, they may choose to share aspects of their personal identity with you. Most people are happy to walk you through the language that makes them feel properly respected. Clarify with them if you’re not sure. As you get to know others and feel comfortable with them, share your self-descriptors and pronouns. They are likely to share theirs with you too.

Adapted from Ferguson, Jackie and Bellamy, Roxanne. “The Inclusive Language Handbook. A Guide to Better Communication and Transformational Leadership.” 15 – 18. 2022.

– Snehal Massey, Esq.

3. Recognize the impact of mental health language. When we describe everyday behaviors, moods, and personality characteristics using terms related to mental health diagnoses (for example, bipolar, PTSD, ADHD, or OCD), we minimize and deprecate the very real and serious impact these conditions have on people. Avoid using these terms unless they are medically diagnosed and shared with you personally. Even then, they probably won’t be necessary or relevant to the conversation at hand. For the same reason, steer clear of derogatory terms that stem from the context of mental health such as schizo, spaz, paranoid, crazy, or psycho.

November 2022

The Advocate

31

Committee Reports Family Law Committee: Happy Hour On October 12, 2022, the Family Law Committee held a happy hour at Towson Tavern. Twenty people gathered to hear Susan Parks, Assistant Attorney General, Baltimore County Office of Child Support, and Jennifer Caffrey, Assistant Attorney General, Maryland Child Support Administration, present on the subject of child support.

Susan Parks spoke first about the types of cases the Office of Child Support Enforcement handles under 4-D cases because the procedures are governed by Title IV-D of the federal Social Security Act. It was explained in simple terms that the attorneys general for the Child Support Division do not represent parties (plaintiffs or defendants), but only represent the State and the Office of Child Support. (Maryland Code, Annotated Family Law Article Section 10-115). We also learned important tips that apply to Baltimore County cases. For example, a 4-D child support case cannot be consolidated with a custody, visitation, or divorce case; however, by agreement, the separate cases can travel together, but not be consolidated.

This is because the attorneys for child support are not involved in any issue outside of child support. Another

32

great tip shared pertained to postponement requests.

We were advised to simply contact Susan’s office since she works directly with the child support clerks to set in contempt cases, and the agency sets establishment cases. The attorneys will work with you to find a new and agreeable court date. The same applies to body attachments. If an attorney is seeking to have a body attachment withdrawn, simply contact the attorneys, and they will work with you to do an order and reset the matter on an agreeable date. Susan Parks can be reached at sparks@maryland.gov, and email is preferable. Do not try to serve her, however, since she cannot be served for a child support case on behalf of a party.

Another helpful hint was to advise if your client wants child support through the Office of Child Support Enforcement, your client must apply online or in person.

A court order is needed for a case to be opened. The order can be sent to the attorneys for child support to forward to the agency, but the client must have first applied.

To apply, use the following link to apply electronically: https://mymdthink.maryland.gov/home/#/.

The Advocate

November 2022

Committee Reports First, click “register” to complete the registration. Once the registration is completed, the client will then be able to complete the child support application. The next step is to click the icon labeled “apply” for child support located at the bottom of the page. If the client has not registered, then they will not be able to complete the application online, since they must first register. Once the application is completed online, a worker will review it and contact the customer to request any additional information. If there is already an existing court order, that order will be loaded after the application, along with any additional documents that have been received. If there is no existing court order, the case will move through the establishment process. The parties will only be brought into the office for a pre-trial hearing. Clients may also call (410) 561-4475 or email BaltimoreCounty.supportofficer@maryland.gov to request a paper application be mailed to them.

Additionally, if you want to file a complaint to establish paternity, you are required to have an attorney from child support approve and sign off pursuant to the Maryland Code, Annotated Family Law Article Section 5–1010 (e).

This can be done by sending Susan’s office the complaint so they can verify that the parties and the child are not part of any other case with them. Her office will advise you if they can agree. They cannot disestablish paternity.

Lastly, we learned about issues with their new computer system trying to make everything effective on the first of the month to alleviate any problems with collecting money for clients.

Maryland’s children and families. The idea is to assess economic data and ensure that the guidelines yield the right results. The last review began in 2017, and in 2019 the recommendations of the committee were not enacted; however, in 2020, the committee made two legislative proposals that were passed into law and became effective on October 1, 2020. There was a huge change regarding how shared physical custody was defined to address the “cliff effect” on litigation. It is almost time, and right around the corner again, to be readdressed.

Both speakers ended their presentations by graciously fielding questions from their attentive audience.

Everyone then socialized, ate, and drank with our generous sponsors, Kris Hallengren and Harry Sturgis from Vallit Advisors. Thank you again to Vallit!

Our next event will be a Brown Bag Zoom Lunch and Learn on November 3rd at 12:30 pm, with the Estates and Trust Committee. We will hear from a panel about practice tips and ethical considerations when Estates and Trusts meets Family Law. The event is free so register HERE to get the zoom link!

– Kerri Cohen, Esq.

Jennifer Caffrey then spoke about the evolution of the changes to the child support guidelines, including the most recent changes that went into effect on July 1, 2022, highlighting the four (4) main objectives achieved:

If Medical Records are a Problem, Consider a New Solution.

100% HITECH

1. Updating and expanding the guidelines schedule;

No Membership Fees

2. Defining and visually demonstrating the effect of the self-support reserve;

No Contracts

3. Codifying the definition of what it means to be “voluntarily impoverished,” and the factors to be considered when computing potential income; and 4. Identifying when a court can enter $0 dollar support orders.

Every four years, in order to retain federal funding, each state is required to review its child support guidelines to ensure their application results in the determination of appropriate amounts of support awarded. The Child Support Guidelines Advisory Committee has a mission to review the guidelines in light of the best interest of

November 2022

Nationwide Service One Flat Fee per Request Eliminate your on-desk time, lower your costs, and start closing cases faster.

Sign up today and let us help your firm prosper.

The Advocate

chartsquad.com 33

FAMILY LAW COMMITTEE

Dinner

PREVENTING MANIPULATION OF INCOME IN FAMILY LAW CASES Wednesday, November 9, 2022 5:30 p.m.

BlueStone Resturant 11 West Aylesbury Road Timonium, Maryland 21093

Please join us for a delicious meal while we hear from expert

RICHARD WOLF

Cli

$60 Members $65 Non-Members

ter ck H ERE to Regis

The Attorneys’ Preferred Insurance Program Advising and Protecting the Legal Profession Reduce R isk to Yo ur P r ac t ice Today The Attorneys’ Preferred Lawyers’ Professional Liability Insurance Program, offers proprietary policy enhancements, designed to mitigate claims before they arise.

Call today to speak with a Professional Liability Specialist

1.855.USI.0100

www.usiaffinity.com/attorneyspreferred

34

The Advocate

November 2022

BALTIMORE COUNTY BAR ASSOCIATION PROFESSIONALISM & SMALL/SOLO COMMITTEES PRESENT:

GRIEVANCE AVERTED: PROFESSIONALISM TIPS FROM BAR COUNSEL AND THE BENCH Thursday, 10 November 5 PM - 7 PM

Barley's Backyard Uptown 408 York Rd, Towson, MD 21204

SPEAKERS Honorable Keith R. Truffer, Circuit Court for Baltimore County Honorable Lisa Ann Phelps, District Court of Maryland for Baltimore County

Erin A. Risch, Deputy Bar Counsel, Attorney Grievance Commission of Maryland Brittany Strickland, Assistant Bar Counsel, Attorney Grievance Commission of Maryland

Program Chair: Raymond Hein, Esq.

REGISTER HERE Refreshments generously provided by:

Learn about common (and uncommon) ethical pitfalls that often land attorneys in trouble and hear from our distinguished panel about the core principles of professionalism that will serve you well in avoiding grievances and the ire of judges.

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

November 2022

The Advocate

35

Manage everything from intake to invoice—all from one easy-to-use software.

New Member Benefit!

Baltimore County Bar Members get 10% off.

Claim your exclusive discount at clio.com/bcba

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

36

The Advocate

November 2022

November 2022

The Advocate

37

01.09.44

07.27.22

TRIBUTE & PORTRAIT UNVEILING

of

HONORABLE JOSEPH F. MURPHY, JR. TUESDAY, NOVEMBER 29, 2022 4:00PM Historic Courthouse Ceremonial Courtroom 5

Reception to follow at Towson Tavern, 516 York Road, Towson 38

The Advocate

November 2022

YOUNG LAWYERS

Holiday Lunch & Gift Drive December 9

12-2pm

County Courts Building, Jury Assembly Room 401 Bosley Ave. Towson, MD 21204

We are collecting Wishlist items and monetary donations for Middle School Students at Safe Alternative Foundation for Education.

Admission Price: $15 at the door OR Bring an item from their Amazon Wishlist *Cash, Check & Credit Card Accepted

Complimentary Food and Drinks Included

All Donations Benefit:

November 2022

The Advocate

39

BALTIMORE COUNTY BAR ASSOCIATION Criminal Law Committee Presents:

"GUNS AND DRUGS" PART I OF A 2-PART SERIES Wednesday, December 14, 2022 5:30-7:30pm Restaurant: TBD

SPEAKERS

PROGRAM CHAIR:

Stuart A. Schadt

Sgt. Dave Feltman with the Maryland State Police Criminal Enforcement Division Brian Zavin, Chief the Appellate Division of the Office of the Public Defender Allan Webster, Chief of the Firearm/Gun Unit of the Office of the State's Attorney for Baltimore County Rob Cole, Experienced and Distinguished Private Defense Attorney The Speakers will discuss the Handgun Qualification License (HQL) process and factors which prohibit someone from possessing a firearm, as well as the changes to the handgun permit process and the recent ban on ghost guns.

They will also discuss the impact of the Supreme Court's opinion in the Bruen case on Maryland gun laws, and will discuss generally how all of the changes in the gun laws affect the prosecution and defense of such cases in a practical setting.

REGISTER HERE Appetizers and refreshments generously sponsored by:

40

The Advocate

November 2022

November 2022

The Advocate

41

ERC USE OUR ONLINE CALCULATOR

SCHEDULE A FREE CONSULTATION

GET A SECOND OPINION

HOLD ONTO YOUR REVENUE

receive A CASH REFUND

42

Your ad could be HERE!

E.PLOYEE RETENTION CREDIT

UP TO

$26K

per employee

FROST LAW Get A FREE ERC Estimate ASKFROST.COM/ERC (410) 497-5947

Contact Rachel Ruocco rruocco@bcba.org or 410-337-9103

The Advocate

November 2022

Baltimore County Bar Association

Save the Date

AUGUST

SEPTEMBER





5, 6pm – Baseball, Crab Feast & Fireworks

13, 5:30pm - BarYear Kick-off Party

NOVEMBER

DECEMBER

1, all day – Supreme Court Group Admission Trip 11, 8:30am – Civics & Law Academy 12, – Safe Alternative Flag Football Fundraiser 17, 3:30pm - Memorial Service 19, 10am - National Adoption Day

FEBRUARY

OCTOBER



2, 9am – Ravens Tailgate 18, 5:30pm- Bar Wars 20, 4:30pm - Stated Meeting - Courtroom TBD 26, 5:30pm - Pro Bono Awards and Reception JANUARY

2, 8:30am – Civics & Law Academy 8, 6pm - Annual Holiday Party @ Towson Tavern 9, 12pm - Young Lawyers Holiday Lunch and Toy Drive

26, 5:30pm - Black Tie Banquet TBD, Swearing-In Ceremony

MARCH

APRIL

2, 5:30pm - Bar Wars 23, 6pm- Chopped Cooking Competition 29, Chopped Online Voting Begins

16, 4:30pm – Stated Meeting TBD, Sponsor Breakfast

MAY

6, 5:30pm- Chopped Live Results Show

JUNE

1, 12pm - Law Day Noon ceremonies 20, Young Lawyers Field Day Fundraiser TBD, Golf Tournament

7-10 - MSBA Bar Conference in OC 15, 4:30pm - Stated Meeting

Follow Us on Facebook, Instagram & Tik Tok November 2022

The Advocate

43

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

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

2023 membership dues invoices will be sent this month.

Keep an eye on your inbox for your dues invoice and black tie banquet ticket information.