The President’s Message
Our Bar Year Kick-Off Party at Jimmy’s Famous Seafood was extremely well attended – thank you again to our sponsors Dan Radebaugh (R&P Settlement Group), Nick Del Pizzo (Law Offices of Nicholas J. Del Pizzo III), and Scott Nortman ( LoanandCreditPro. com ). The night was capped off with a corn hole match between me and the surprisingly untalentedat-yard-games Singleton Matthews, Esquire, who generously supplied the yard games for the evening. We called it a tie game in double overtime, with both losers donating $100 to our charity, Van Brook’s Safe Alternatives for Education.
October will be a busy month for the BCBA. The month is chock full of great events. One of my favorite events of the year is upon us – Bar Wars Trivia Night on Tuesday, October 18th. This is a huge barrel of laughs, extremely competitive, and always sells out. Register your team now!
If the theme of my bar year is giving back to others, the passing of our dear friend and colleague, the Honorable Joseph F. Murphy, Jr., punctuates that theme. Here was a man so beloved, so respected, and so gifted, I hope that we all appreciate what we have experienced - learned from, practiced law with, and laughed with - what the sports world would term a “generational talent.” There will never be another Joe Murphy. He was also a generational human being whose genius was only overshadowed by his humility and kindness. We were all blessed by his presence on this earth. God Speed, Judge Joe.
Rounding out the month is another celebration of giving back - the Pro Bono Awards Ceremony at PK Law on October 26th. Join us as we celebrate and honor this year’s Pro Bono Attorney of the Year, Alicia Lewis, Esquire. Please come show your gratitude for all that Alicia and our pro bono rock stars do for the community, often well under the radar. Enjoy the Fall, and we will see you around the courthouse!
- Jack Turnbull
Your 104th President of the Baltimore County Bar Association
The Advocate October 20222
2022-23
Officers
President John G. Turnbull III
President-Elect Lisa Y. Settles
Secretary Sondra M. Douglas
Treasurer 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
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
Thomas G. Bodie Samantha Boylan Howard L. Cardin
Jon Cardin Wendy Epstein
Tracee Orlove Fruman
Carl Gold
Raymond A. Hein Barbara Kerr Howe Richard Karceski
Bill Levasseur, Jr. Snehal Massey Stephen J. Nolan Ceecee Paizs
Jessie Roberson Pearre
Laure Ruth Steve Silverman James T. Smith, Jr. Robert Steinberg
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.
BCBA Events
Inside This Edition
Bar Year Kickoff Party
BCBA Spotlight
Change of Venue
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Charity Spotlight: Safe Alternative Foundation 31
Circuit Court Adult Drug Treatment Court - 1 Yr ........... 36
Member Spotlight: Carl Gold 30
Remembering Judge Murphy ............................................ 11
Retirement of Magistrate C. Theresa Beck 20
Retirement of Tim Sheridan............................................. 27
Sponsor Spotlight: USI Affinity 29
UMD School of Law 2022 Alumni Awards ..................... 33
Civil Law Update 39
Committee Reports
Diversity and Inclusion Committee 47
Family Law & Pro Bono Committees................................ 44
Professionalism Committee 42
Court Notices & Calendars
4
Lawyer Assistance Program 26
The President’s Message
Publication deadline: 20th of the month preceding publication.
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The AdvocateOctober 2022 3
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JIL Jack I. Lesser, MH Miriam Hutchins, HW Halee Weinstein, 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.
The Advocate4 Court Notices BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR OCTOBER 2022 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 8 1 #1 KP KP JMJ KP RAK C X KP GJP KP KP KP KP NBS MWS KDP KP KYW KJR KP KP 8 1 #2 KYW KYW KYW KYW NEA X SCZ NBS X KYW KYW KYW KYW KDP KYW KYW KP* KYW KYW KYW 8 1 #3 O 8 1 #4 8 1 #5 X MWS MWS SCZ MWS L MWS MWS MWS X GJP MWS MWS MWS X GJP MWS MWS MWS MWS MWS 8 1 #6 8 1 #7 JMJ KDP KDP KDP KDP U KDP RAK* KDP KDP KDP KDP KDP KDP X X KDP KDP KDP KDP KDP 8 1 #8 GJP GJP GJP GJP GJP GJP GJP X GJP X GJP GJP GJP GJP X GJP GJP GJP GJP GJP 8 4 #1 KJR/ pm M KJR/ pm MWS/ pm KJR/ pm KJR/ pm 8 4 #2 SCZ SCZ SCZ KJR SCZ SCZ DJW SCZ MWS SCZ NBS MGR GML NRS SCZ SCZ SCZ SCZ SCZ SCZ 8 4 #3 MLR KMD MLR DJW MLR B KP X MLR MLR SDW* KMD MLR MLR MLR MLR KMD MLR MLR MLR MLR 8 4 #4 KEM KJR* KJR X KJR NBS* X X KJR/am DJW/pm DJW KJR KJR KJR KJR HW KJR KJR X KJR MGR 8 4 #5 LR LR LR LR LR U MLR MLR X SDW LR LR LR LR MGR LR LR LR LR LR LR 8 4 #6 KMD MLR KMD KMD KMD DJW KJR DJW SCZ KMD MLR KMD KMD KMD KMD MLR KMD KMD KMD KMD 8 5 #1 LAP LAP LAP LAP LAP S LAP GML GML LAP LAP LAP LAP LAP LAP KP JIL MH KP MH NRS 8 5 #2 KDP JMJ GML NEA BEF SDW BEF BEF BEF MLR SDW BEF BEF BEF NRS GML BEF BEF MGR BEF 8 5 #3 MTP MTP MTP MTP MTP D KYW KDP KJR X NRS MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP Chambers JUDGES: JMJ JoAnn M. Ellinghaus Jones, KEM Keith E. Mathews, GML George M. Lipman, NEA Neil E. Axel, RAK Ronald A. Karasic, NBS Nancy B. Shuger, SDW Steven D. Wyman, NRS Norman R. Stone, MGR Marc G. Rasinsky,
* Judges’ assignments are subject to change without further notice October District Court Schedule SAVE THE DATES October 20 Stated Meeting October 26 Pro Bono Awards & Reception N O V E M B E R 1 7 , 2 0 2 2 3 : 3 0 P M H I S T O R I C C O U R T H O U S E C E R E M O N I A L C O U R T R O O M 5 4 0 0 W A S H I N G T O N A V E . T O W S O N , M D 2 1 2 0 4 A N N U A L M E M O R I A L S E R V I C E S A V E T H E D A T E F O R B A L T I M O R E C O U N T Y B A R A S S O C I A T I O N Reception to follow in Historic Courthouse, Rm 118 CLICK HERE TO REGISTER
Court Notices
October District Court State’s Attorney’s Schedule
MONDAY TUESDAY WEDNESDAY THURSDAY
Date: 3
TO3 COHEN
TO4 DICKSON TO5 POTTS
HOLIDAY
Date: 4
TO2 PENDLETON TO3 DESTEFANO (PM ONLY)
TO4 VINES
TO5 LACHMAN
EX1 RIGER EX2 ABELL
Date: 11
TO2 CHRISTIE
TO3 SMITH (PM ONLY)
TO4 ABELL TO5 LEGALL
EX1 FISH EX2 LACHMAN
Date: 5
CA2 LEGALL CA7 SMITH
EX1 COHEN (PM ONLY) EX2 POTTS EX3 CHRISTIE
Date: 12
CA2 DESTEFANO CA7 VINES
EX1 DICKSON (PM ONLY) EX2 COHEN EX3 POTTS
Date: 6
CA2 LACHMAN CA5 FISH CA7 DICKSON
EX1 DESTEFANO EX2 RIGER EX3 VINES
Date: 13
CA2 CHRISTIE CA5 ABELL CA7 RIGER
EX1 SMITH EX2 LEGALL EX3 PENDLETON
Date: 17
TO3 LACHMAN TO4 FISH TO5 VINES
Date: 18
TO2 DICKSON TO3 CHRISTIE (PM ONLY) TO4 DESTEFANO TO5 COHEN
EX1 ABELL EX2 PENDLETON
Date: 24
TO3 RIGER TO4 PENDLETON TO5 CHRISTIE
Date:
TO2
Date: 19
CA2 RIGER CA7 FULLER
EX1 VINES (PM ONLY) EX2 FISH EX3 LACHMAN
Date: 26
CA2 ABELL CA7 CHRISTIE
EX1 PENDLETON (PM ONLY) EX2 RIGER EX3 DESTEFANO
Date: 20
CA2 ABELL CA5 CHRISTIE CA7 DESTEFANO
EX1 PENDLETON EX2 DICKSON EX3 COHEN
Date: 27
CA2 VINES CA5 COHEN CA7 SMITH
EX1 LEGALL EX2 DICKSON EX3 FISH
Date:
TO3 SMITH TO4 ABELL TO5 RIGER
Calendar of Events
The AdvocateOctober 2022 5
25
LEGALL TO3 FISH (PM ONLY) TO4 VINES TO5 DICKSON EX1 COHEN EX2 SMITH
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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 October 20226 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. The Law Offices of Nicholas J. Del Pizzo, III Baltimore, Maryland • 410-288-5788 CALL 1-800-BANKRUPT
Court Notices
THE CIRCUIT COURT FOR BALTIMORE COUNTY
Chambers of County Courts Building
Catherine F. Woods Towson, Maryland 21204 Magistrate 410-887-8611
October 1, 2022
October 1, 2022
Dear Counsel,
We are in the process of updating our records for child counsel appointments. If you are currently on the Circuit Court for Baltimore County’s list for Child Counsel, and wish to remain on the list, please let the Office of Family Services know of your continued interest by sending an email to Briana Shirey at Briana.Shirey@mdcourts.gov no later than November 15, 2022, and include the below information.
Dear Counsel,
If you are not currently on the list and would like to be added, please indicate your interest by email to Briana Shirey and submit the information delineated below:
Documentation of completion of the six-hour training course
Proof of professional liability insurance
Current resume/CV
We are in the process of updating our records for child counsel appointments. If you are currently on the Circuit Court for Baltimore County’s list for Child Counsel, and wish to remain on the list, please let the Office of Family Services know of your continued interest by sending an email to Briana Shirey at Briana.Shirey@mdcourts.gov no later than November 15, 2022, and include the below information.
A statement confirming your willingness to take at least 1 pro bono/Court funded appointment as child counsel per year.
If you are not currently on the list and would like to be added, please indicate your interest by email to Briana Shirey and submit the information delineated below:
If you are currently on the list and the Court does not hear from you timely, we will operate under the assumption that you no longer wish to be on the roster.
- Documentation of completion of the six-hour training course
- Proof of professional liability insurance
Please be aware that your hourly rate cannot exceed $200 per hour if you are appointed by the Bench as a BIA, Child Privilege Attorney or Advocate as a result of being on the list. Thank you for your continued interest.
Current resume/CV
A statement confirming your willingness to take at least 1 pro bono/Court funded appointment as child counsel per year.
Sincerely,
If you are currently on the list and the Court does not hear from you timely, we will operate under the assumption that you no longer wish to be on the roster.
Catherine F. Woods, Magistrate
Please be aware that your hourly rate cannot exceed $200 per hour if you are appointed by the Bench as a BIA, Child Privilege Attorney or Advocate as a result of being on the list.
The AdvocateOctober 2022 7
BCBA Events
Bar Year Kickoff Party at Jimmy’s Famous Seafood
On September 13th, the BCBA hosted its bar year kickoff party at Jimmy’s Famous Seafood in Dundalk. The event was a huge success and was a great first step in supporting our bar year charity, Safe Alternatives Foundation for Education (SAFE), which is highlighted in this edition of the Advocate. The BCBA would like to thank R&P Settlement Group, the Law Offices of Nicholas J. Del Pizzo III, and LoanandCreditPro.com for sponsoring this event so that it was free to the membership.
– Tommy Tompsett, Esq.
The Advocate October 20228
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The Advocate October 202210
Remembering Judge Murphy
Judge Murphy joined the law firm of Silverman and Thompson in 2011, shortly after he stepped down as Chief Judge of the Maryland Court of Appeals. At Judge Murphy’s request one of the founding members and namesake of the firm, Steve Silverman, Esq., gave a heartfelt eulogy of Judge Murphy at his funeral. His request of Steve, however, went something like this, in a Boston accent that we all still hear in our heads:
Judge Murphy: Steve, um how about you say a few words about me at the funeral along with Erin.
Steve: I’d be honored, Joe. What do you want me to focus on?
Judge Murphy: Uh, Just don’t make it like you’re reading my Wikipedia page, OK.
Steve: OK.
Below are some memorable excerpts from that eulogy and a link to Judge Murphy’s Wikipedia page to see if Steve made good on the request.
“Joe Murphy was larger than life. [And] here I am today, on a day the Governor has ordered all flags in Maryland to be flown at half-staff in honor of Joe. Never has this honor been bestowed upon a member of the Maryland Judiciary. But like I said, Joe was larger than life. In my view, the reason why the flag is half mast and what distinguishes Joe is what I call the ‘Murphy Values.’
1. Murphy Value #1: Loyalty - Whether to family, friends, judiciary, or church.Whether unwavering support and care of wife, Joanne during her long battle with cancer; Selflessly supporting Erin and his grandchildren anyway he could; or Testifying as a character witness for a member of the bar who went astray. Joe Murphy was the most loyal man I have ever known…hence why we loved him.
2. Murphy Value #2: Ethics - Joe always did the right thing. Whenever I found myself in an ethical conundrum, and my stomach starts to tingle, I say to myself, ‘What would Joe do?’ I feel like I’m Luke summoning Obi Wan Kenobi who appears in a hologram….And then I hear that voice in my head ‘Steve…this is what you do….’
3. Murphy Value #3: Never Kick Down - Joe believed in REDEMPTION and saw the potential good in everyone. He never pre-judged
a panhandler on how he ended up in the street… he just gave few bucks hoping it would help him get back on his feet. Former clients become best friends. And he connected with people from all walks of life.
4. Murphy Value #4: Be Altruistic - Joe gave his heart and soul to the judiciary and to the law. He started ‘baby judge school’ on his own time. He taught evidence at both law schools and donated the stipend back …[He was] very generous with his time and helping the church. Anyone who asked for help received his help.
Many have said that Joe Murphy was a bonafide genius with a photographic memory. Yes, he could cite the holding of any appellate opinion by volume and page number; a gift that was complemented by a blend of sound reasoning and common sense of similar dimension. His real gift was that he never made the rest of us feel dumb or inferior.”
We asked BCBA members for their reflections on the life and career of the Honorable Joseph Francis Murphy, Jr. Here is what our distinguished members had to say:
The Honorable Robert Steinberg
I believe Joe Murphy was the greatest mentor, teacher, lawyer, and appellate judge of our generation. He was a “Man of the Years,” selflessly devoted to helping others
The Honorable Judge Murphy
The AdvocateOctober 2022 11 BCBA Spotlight
BCBA Spotlight
with their careers. There is no one I know who is owed so much by so many. The reason, because he never said no. Joe did not play golf, hunt, fish, or swim. In his spare time, he loved visiting the Catholic churches that he believed had the lowest attendance. He wanted to put extra money in their poor boxes.
Joe loved his wife, daughter and grandchildren. He was fiercely loyal to his friends. A man devoid of prejudice, he was one of G-d’s unique creations. We may never see his like again. His life was a moment of the conscience of man.
I humbly pray that his memory will ever live among us as an example of noble and consecrated living. May G-d bless his soul.
The Honorable James T. Smith, Jr.
I saw Joe almost every day when we were both serving on the Circuit Court for Baltimore County. This gave me the opportunity to experience firsthand his intellect, unbelievable memory for cases, and generosity in sharing his legal knowledge to help anyone who asked. I was not in his courtroom to make these observations, but in his
chambers, when we were both on breaks. Judge after judge, local and statewide, would come or call him for advice almost daily on some evidentiary or other legal conundrum they were wrestling with. He always came through with a case, including the citation, or his best opinion on how to handle the matter. He was never too busy to help a colleague, and was also never too busy to help a lawyer, and many reached out to him.
We would often have a laugh when the judge who asked for his opinion left or the phone call ended, when one of the requesters decided to argue with Joe about Joe’s advice. There were a couple of judges on our court who regularly sought Joe’s help and who immediately wanted to debate with him. Joe always took it in stride with a smile.
Joe’s love of the law and affection for judges, lawyers, and law students was well known everywhere. I visited him frequently at Stella Maris and more than once my visit consisted of just sitting there while he dictated to Barbara, determined to finish the Trial Practice syllabus for whomever was going to take his place to teach it.
The Advocate October 202212
During his stay at Stella Maris, Joe was visited by clients from years back, some who lived out of state, as well as by judges across Maryland, lawyers local and from far away. Joe’s only immediate family are his daughter, Erin, and his two grandchildren. His wife JoAnn had already passed away. The legal profession in all its shapes and sizes was Joe’s family.
We not only saw each other at work in those Circuit Court days, but generally spent Friday nights at Joe’s home in Wiltondale, having dinner together with our wives, and sort of watched Erin grow up. But Erin going out the door may be a more accurate description of our time on these Friday nights. Erin was a very popular young lady and rarely had time to eat with us. I really got to know her during the years she was my law clerk, while she attended law school in the evening division.
I also saw Joe when he was the most relaxed, and that was in Betterton on the Eastern Shore. We’d sit on the front screened in porch of his place with our feet up and our wine glass always at the ready just looking out over the water. We still talked law, but in a very relaxed way.
I didn’t see as much of Joe after he joined the Court of Special Appeals, although at the end of some days, I joined him in his chambers on the fifth floor in the courthouse. Finding a place to sit down was always an adventure. Joe never really moved in. There were boxes and piles of papers, briefs, and journals everywhere and I was careful to ask him which ones I could move so I could sit down. You remember Joe lost a secretary once because she helpfully cleaned up his office while Joe was away.
He became Chief Judge of the Court of Special Appeals, made some significant improvements to the operation of that Court and was soon elevated to the Court of Appeals. That was not the culmination of his career, however. Erin had joined a Baltimore law firm and Erin was Joe’s pride and joy. After a relatively brief stint on the Court of Appeals, Joe retired from the judiciary and joined that same Baltimore law firm to work beside his daughter, attorney Erin Murphy. For Joe, that was the culmination of Joseph F. Murphy, Jr.’s amazing career.
Howard L. Cardin, Esq.
In the summer of 1970, Joe Murphy walked into the State’s Attorney’s Office for his scheduled interview as an assistant state’s attorney. I was immediately impressed with his demeanor, integrity, knowledge of the law, and
the manner in which he expressed himself. Without hesitation, I hired Joe as an assistant state’s attorney and then his career began. It did not take long for him to work his way through the District Court and into the Circuit Court while impressing judges, lawyers, and courtroom personnel. As he continued, another attribute was revealed: a good friend, and a person who would go out of his way to help another.
Joe Murphy became the person to whom attorneys would go to address questions of law as well as procedure. What a ready reference he was! Not only could Joe tell you the case which would resolve the issue, but he could also recite the volume and page number to which he referenced. But there was even more. Joe would, in effect, pat you on the back and suggest the best way to proceed.
Joe was a friend. His day was spent recounting stories, laughing, and even discussing serious matters. Joe could tell stories with the best of them and hold your interest by building up suspense as the end approached. He also could keep one in hysterics as he rolled out one story after another. Indeed, Joe Murphy was a friend. After speaking with Joe, one would feel good about himself and the world. Joe Murphy was loyal. He always helped, supported and would not only give advice to his friends, but also kindly criticism. He was a family man, always “bragging” about his wife and Erin. No matter what one would ask, Joe Murphy was there to help.
Joe Murphy made this a better place in which to live and work. He enhanced our judicial system. He will be missed. I am proud that I was his friend, and he mine.
Richard Karceski, Esq.
Joseph Francis Murphy, Jr., a name that needs no introduction. Judge Murphy has been my best friend for over 50 years. We were barred together on the same day in 1969.
While it is impossible to paint a picture with adequate words to describe Judge Murphy the man, suffice it to say that he will certainly live on in our recollections and become a permanent part of Maryland’s legal community. He will not be forgotten. That is so because his contributions to the legal community as a lawyer, a trial judge, an appellate judge, a professor of law, and as a person, will never be equaled.
The AdvocateOctober 2022 13
Don’t forget to update your information on our website! Click here to access or go to www.bcba.org BCBA Spotlight
BCBA Spotlight
Stephen J. Nolan, Esq. (UM Law – ‘76) & Richard M. Karceski, Esq. (UB Law – ‘69)
JUDGE MURPHY’s LEGACY FOR “MURPHY SCHOLARS”
“…teaching at the school helped me become a better lawyer and a better judge than I otherwise would have been…”
For 43 years, our fellow member was the consummate teacher, touching the lives of thousands of students, lawyers and judges. After beginning as an adjunct faculty member teaching Evidence at the University of Baltimore Law School in 1979, Joseph F. Murphy, Jr. returned to his alma mater in 1981 where he taught Trial Practice for 41 years.
Judge Murphy’s dedication to his students was truly undying. Throughout the last few months of his life, he pushed himself to complete the syllabus for his Trial Practice course, dictating from his hospital bed to Barbara Schuler, his assistant for 25 years. Although Judge Murphy knew he would not return to teach on Monday nights this fall, he persisted and finished the course guide just three days before he died on July 29, 2022.
Last April, then Dean Donald Tobin visited with Judge Murphy at Stella Maris hospice to personally inform him of the launch of the Honorable Joseph F. Murphy, Jr. ’69 Scholarship Endowment. And within the next several days, the award to the first “Murphy Scholar” will be announced by the law school. In keeping with Judge Murphy’s request, each year the Dissenters Law Club will host the recipient at one of its dinners to hear what the scholarship means for that student’s life.
As to what this scholarship means to Maryland Carey Law, recently appointed Dean Renée McDonald Hutchins stated, “Judge Murphy was a great lawyer, jurist and teacher. I was honored to appear before him many times and generations of our students were fortunate to learn from him. He will be sorely missed but we are proud to carry on his legacy through a scholarship that will continue to support and inspire students for generations to come.” And Assistant Dean Shara Boonshaft added, “Scholarships are a key priority for us at Maryland Carey Law. A robust scholarship program allows us to attract top students in Maryland and across the nation and ensures that more students can pursue the career of their choice with less debt. This new scholarship will create opportunities for students through financial support and mentorship and we are happy to be able to honor Judge Murphy in this way.”
The Advocate October 202214
Download the NEW Baltimore County Bar Asssociation App on Google Play or App Store 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
BCBA
In his letter, reprinted below, Judge Murphy tells us in his own words what the scholarship means to him.
JUDGE JOSEPH F. MURPHY, JR. (Ret’d.)
Cockeysville, Maryland 21030 May 9.2022
Gentlemen:
Donald B. Tobin, J.D.
James L. Hughes, M.B.A. Dean, University of Maryland Interim President and CEO
Francis King Carey School of Law University of Maryland
500 West Baltimore Street Baltimore Foundation, Inc. Baltimore, Maryland 21201 220 Arch Street, 13th Floor Baltimore, Maryland 21201
Bruce E. Jarrell, M.D., F.A.C.S. President
University of Maryland Baltimore
620 West Lexington Street Baltimore, Maryland 21201
I am writing to thank you and Dean Shara Boonshaft for recently approving the Memorandum of Understanding with Rich Karceski and Steve Nolan to establish a Scholarship Endowment in my honor. It was a most pleasant surprise when Dean Tobin met with me on April 14 to inform me of the creation of this fund to help law students achieve their goal of obtaining a degree from the law school I had the privilege of attending and at which I have enjoyed teaching since 1981. I was delighted that my daughter, Erin, was present for the Dean’s visit, as well as by the announcement of the Scholarship that the school emailed to lawyers and judges.
As the Memorandum provides, a preference will be given to students who express an interest in trial or appellate advocacy in addition to demonstrating academic achievement and financial need.
As I stated to Dean Tobin, teaching at the school helped me become a better lawyer and a better judge than I otherwise would have been. Never has legal education been more important than it is in today’s world. Thank you for the impact each of you are making and for the honor of this lasting connection with UMCLS.
With gratitude and respect, Joseph F. Murphy, Jr. (’69)
For more information on how you can support Judge Murphy’s Scholarship, please contact Shara Boonshaft ’02, Assistant Dean for Development & Alumni Relations at sboonshaft@law.umaryland.edu or make an online gift by clicking this link: University of Maryland Joseph F. Murphy, Jr. Scholarship Fund
The AdvocateOctober 2022 15
Spotlight
Leaders in Dispute Resolution
Hon. J. Frederick Sharer (Ret.) Retired Judge, Court of Special Appeals of Maryland
Hon. Eric M. Johnson (Ret.) Retired Judge, Montgomery County Circuit Court
Hon. William G. Simmons (Ret.) Retired Judge, Montgomery County District Court
Hon. Alexander Williams, Jr. (Ret.) Retired Judge, United States District Court
Hon. Alexander Wright, Jr. (Ret.) Retired Judge, Court of Special Appeals of Maryland
Hon. Sally D. Adkins (Ret.)
Retired Judge, Court of Appeals of Maryland
James W. Barkley, Esq. Construction, Insurance Coverage and Complex Dispute Mediator
Hon. Marcus Z. Shar (Ret.) Retired Associate Judge, Circuit Court for Baltimore City
Daniel E. Toomey, Esq. Construction, Surety and General Commercial Neutral
Kenneth L. Thompson, Esq. Fellow, American College of Trial Lawyers
Hon. Jeri K. Somers (Ret.) Retired Chief Judge, United States Civilian Board of Contract Appeals
Hon. Thomas G. Ross (Ret.) Retired Judge, Queen Anne’s County Circuit Court
Hon. Toni E. Clarke (Ret.) Retired Judge, Prince George’s County Circuit Court
Hon. Nelson W. Rupp, Jr. (Ret.) Retired Judge, Montgomery County Circuit Court
Hon. John H. Tisdale (Ret.) Retired Judge, Frederick County Circuit Court
Morton A. Faller, Esq. Past President, Bankruptcy Bar Assoc. for the District of Maryland
Hon. Martin P. Welch (Ret.) Retired Chief Judge, Baltimore City Circuit Court
Hon. Patrick L. Woodward (Ret.) Retired Chief Judge, Court of Special Appeals of Maryland
The Advocate October 202216
Retired Judges and Lawyers Serving as Neutrals in Maryland, DC, Virginia and beyond since 1995. For a complete list of our services and Neutrals throughout MD, DC, and VA, call (888) 343-0922 or visit www.McCammonGroup.com
Looking Back on Judge Murphy
As we remember the Honorable Joseph F. Murphy, Jr., we look back fondly on this article, written by Thomas G. Bodie, Esq. The article was originally published in 2007, when the Honorable Judge Murphy was elevated to Associate Judge of the Maryland Court of Appeals.
December 17, 2007 was a beautiful, sunny day for Baltimore County, with the sun shining most brightly in Annapolis, upon one of our most favored sons, the Honorable Joseph F. Murphy, Jr. For it was at the Chamber of the House of Delegates on State Circle that our respected and beloved friend was removed from the Chief Judgeship of the Court of Special Appeals of Maryland and sworn in as an Associate Judge - - - of the Court of Appeals of Maryland, all to the pride and satisfaction of the assembled multitude.
Before introducing the Governor, Joe’s new colleague -tobe, Chief Judge Robert M. Bell, spoke of Judge Murphy’s “powerful intellect” and “wide experience as an attorney and judge.”
Governor Martin O’Malley, in welcoming the ascendance of Judge Murphy, recognized several political high-flyers, past and present, who are mentioned as a footnote. The Governor first recognized the legacy established by those judges who preceded in the seat being filled by Joe, namely Judge Alan M. Wilner and the late Judge Robert C. Murphy. Joe Murphy, said the Governor, is a most fitting successor, because of his “integrity, honesty and intellect,” all of which were attested to by the many persons who had written to the Governor in support of Judge Murphy’s appointment to the highest court in Maryland. The Governor was impressed by the attorneys who wrote to him, all of whom recognized that Joe was “very approachable and helpful to the Bar.”
The swearing-in ceremony had particularly sweet meaning to His Honor, as his daughter Erin and his granddaughter Ellery held the Bible upon which his hand rested while taking the oath.
Associate Judge Murphy then addressed the throng, first publicizing the appointment of Judge Peter B. Krauser as his successor to the chief judgeship of the CSA. Joe understated that he was a “very happy person today” and thanked generally those present, all of whom he said “had a part in my life.” Commenting on some who had given the Governor recommendations for his elevation to the Court of Appeals, Joe recounted the “recommendation I did not need,” as being an unnamed who informed the
Governor that, since Chief Judge Murphy was “slow and pedantic while serving on the Court of Special Appeals, he would fit right in on the Court of Appeals.” His Honor was greatly relieved that all of his former private practice clients were “safely in jail, so they posed no threat to my present appointment.”
Our own Judge Robert Steinberg, along with Judge Tim Murphy of the Baltimore City District Court and our own County Executive Jim Smith were recognized as persons who went out of their way and “accosted the Governor” on behalf of Joe’s promotion. Contrary to rumors that were floating about, Judge Steinberg was the only person who was armed at the time when he met with Governor O’Malley!
Humble beginnings of Joe’s legal life found him at the Legal Aid Bureau of Baltimore under Chief Attorneys Joe Matera and Charlie Dorsey, who assigned him to Legal Aid West on Pennsylvania Avenue. His baptism came with his first client, whose husband had been “arrested for standing on an ‘indicted corner’.” Perplexed by this
The AdvocateOctober 2022 17 BCBA Spotlight
BCBA Spotlight
stated geographical location, Joe later learned that the community considered certain street corners “indicted corners” because the police and judges considered hangers thereon as indisputable criminals. Joe readily admitted that his client was found guilty in the middle of his cross-examination of the arresting officer -- who was the first State’s witness.
The Honorable Aaron Baer,(94 years young and present in the Chamber!), presided at the first preliminary hearing that Joe handled. In addition to Judge Baer, Judges Edgar Silver, Joseph Broccolino and Robert Gerstung, all of the Baltimore City District Court, were lauded as judges who provided young attorney Murphy with lasting examples of how judges should judge.
In 1970, Howard Cardin, the State’s Attorney for Baltimore City, hired His Honor as an Assistant State’s Attorney, a position that he held for over four years, before becoming the Deputy State’s Attorney. During this time, he learned much from fellow assistants Thomas J. Bollinger and Sandra O’Connor, fellow toilers before the Supreme Bench of Baltimore City. He recalled working with an outstanding Assistant Baltimore County State’s Attorney, Dutch Ruppersberger.
During the 1974 election (which, by the way, was the first of eight successful campaigns of Sandra O’Connor here in Baltimore County), Joe supported then-Baltimore City State’s Attorney Milton B. Allen. Joe was riding the wrong horse in that election, as Bill Swisher received the mandate of the people. Fortunately for Joe, Judge Paul Dorf recommended to the new State’s Attorney that he appoint Murphy to the position of Deputy. While serving as Deputy, Joe received helpful guidance from Judges Basil A. Thomas and David Ross (both present). Joe recalled Judge Ross’ words of wisdom: “Judges are not important people; judges are people who have important jobs.”
Joe left the Baltimore State’s Attorney’s Office in 1976, to form the partnership of White & Murphy with his dear friend Russ White. They worked together for eight years until the Baltimore County Circuit Court was blessed with Joe’s appointment in 1984. Joe remembers working with Chief Judge John Raine, and Administrative Judges Frank Cicone, Eddie DeWaters, Barbara Howe, and Bill Hinkel -- all of whom saw to the smooth functioning of the circuit court.
Joe faced the electorate in 1986 and recalls the ticket of “Murphy, Nickerson & Smith” (alphabetically, of course) and a challenger whose campaign slogan was: “Joe Murphy was a good criminal lawyer! Let’s send him back to private practice!”
After nine years on the circuit court, Joe was tapped for the Court of Special Appeals, and he recognized Don Hutchinson and Jim Smith, former and present Baltimore County Executives, as being “very instrumental in my appointment.” Two years after his appointment, Joe became chief judge. He expressed his boundless thanks to his colleagues on that bench, each of whom went out of his or her way to assist other judges in their time of need. Joe was “very blessed” to have them at a time when there were family health issues and his colleagues came to his immediate aid.
Our honoree confided that he learned early on “to try not to repeat my mistakes.” For example, at his swearing in for the Court of Special Appeals, Freeborn Brown, Esquire of Harford County presented JoAnn with a beautiful flower. As she thanked Freeborn, JoAnn gave Joe a look that very clearly stated, “You idiot! Why didn’t you think of this?!”
Back to the current swearing in....Joe called his assistant Barbara Schuler to the dias, and presented her with a flower. More flowery than the flower were Joe’s heartfelt acknowledgment of Barbara’s help to him over the years,
The Advocate October 202218
and his recognition of Barbara as the only administrative assistant to have served on all four levels of the courts of Maryland. Joe thanked his daughter Erin for having pleaded with Barbara to come to work for her dad or he would be lost. (Reporter’s observation: if you ever sat in front of Judge Murphy’s desk, you would understand why Joe needed more than a merely competent assistant!)
When the applause died down for Barbara Schuler, Joe uttered two words: “Mrs. Murphy!” JoAnn came forward and, you guessed it, she received a flower! His Honor then produced from his wallet a small piece of paper, which he said he had carried from September 23, 1979 to the present. On that earlier date, he was unpacking his suitcase in Mount Holly, New Jersey, about to represent a defendant in a “very bleak” case before the United States District Court. Somewhat down and not looking forward to trial the next day, Joe found a note that JoAnn had written and placed in the suitcase. The note said, “Good luck! I love you.” At this point, our friend became choked up and fought back his tears of utter joy. Needless to say, a standing ovation of significant length followed.
Those recognized by Governor O’Malley included: Lieutenant Governor Anthony G. Brown; Senate President Thomas V. Mike Miller; Speaker of the House Michael E. Busch; Attorney General Douglas F. Gansler; Congressman C.A. “Dutch” Ruppersberger; former Attorney General J. Joseph Curran; Baltimore County Executive James T. Smith, Jr.; a representative from the Office of Congressman John P. Sarbanes; former Attorney General Stephen H. Sachs; former Baltimore County State Senator
BCBA
and County Executive Donald Hutchinson; State Senator Brian E. Frosh; Delegate Joseph F. Vallario, Jr.; Grace G. Connolly, Register of Wills for Baltimore County; and former First Lady of Maryland, Frances Glendenning. Additional Baltimore County luminaries spotted by your reporter: (alphabetically): Judge Paul E. Alpert; Judge Alfred L. Brennan, Sr.; Judge Thomas Jean Bollinger; Judge A. Gordon Boone, Jr.; Judge William R. “Bucky” Buchanan; Judge J. Norris Byrnes; Judge Robert Cadigan; Judge Robert E. Cahill, Sr.; Judge Robert E. Cahill, Jr.; Judge Deborah Sweet Eyler; Judge James R. Eyler; Judge John F. Fader, II; Judge Dana Levitz; The Honorable Sandra O’Connor and her husband Harold Rose; and Judge John Grason Turnbull, II.
The hoi polloi of Baltimore County included the following Esquires: Bruce Alderman; Art Alperstein; Kim Barranco; Brad Carney; Carey Deeley; Henry Dugan; Sam Englehart; Bob Hanley; Tom Hudson; Tom McDonogh; John Nagle; Steve Nolan; John Nowicki; Herb O’Conor; Lee Parks; Leo Ryan; Adam Sampson; Mike Smith; Nancy West; Dana Williams and Drake Zaharris.
Joe would find this report sorely lacking without recognizing that his son-in-law, Derek Ehman and -- the youngest, most vocal attendee – his grandson Finley, were also in attendance.
– Thomas G. Bodie, Esq.
The AdvocateOctober 2022 19
Spotlight
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BCBA Spotlight
Retirement of Magistrate C. Theresa Beck
Since she has spent many years asking questions of litigants, I thought it was time to ask Magistrate Beck a few questions.
When and how did you begin your career as an attorney?
I started my legal career as a law clerk to Circuit Court, Judge Haile. It was through this experience that I saw firsthand how important it was to always make it easy for the trier of fact to see your client’s side. I also had the opportunity to meet many fellow law clerks and attorneys, including luminaries such as future Judge Al Brennan, all of whom became lifelong friends It was very inspiring to see first hand, then new Judges Sfekas, Fader, Hinkel and Langrall, all of whom exuded more patience and enthusiasm for their work than can be imagined. That patience and enthusiasm is something that I aspired to copy as a magistrate.
My first real legal job was at the firm of Kerr Kerr and Howe which provided me with an excellent place to learn how to practice. Every client was treated with respect and true friendship. It was clear that all of the clients looked to their “family” attorney, as they called the partners, as their friend, and advisor. The cornerstone of the practice was being well prepared. and preparing the client. Barbara Howe, who set a good example by practicing in family law, always said that preparation would always lead to a better result and a happier client. Judge Howe was also very active in the MSBA as well as the BCBA, not to mention a ton of other related organizations, and through her I became active in a few organizations as well.
With the help and encouragement of then President Bill Hesson, Executive Director Barbara Fiorino, Mary Kretschmer, Pat Hanley and others in 1990, you inaugurated “The Baltimore County Bar Association Advocate”?
I am especially proud of this because it changed the information being provided to the membership. With the Advocate, members received more detailed information and photos of recent events in a timely manner, as well as information about upcoming events. The articles included detailed reports of the bar events including practice tips, as well as lots of photos provided mostly by Myles Friedman and myself. Not surprisingly, overall participation by the membership increased. That momentum continues thanks to the hard work of the many contributing writers, some 40 plus years later.
You are the first woman to serve as BCBA President in 1999-2000. What are the most important takeaways from that role?
Following in the footsteps of Master Judy Ritchey who had been on the Baltimore County Bar Association Executive Council and would have been BCBA President the year prior, was rewarding in so many ways. As president you are truly in the catbird seat because you get to see all of the various committees implement educational and charitable programs. My most enduring observation is that is that all one had to do was simply ask, and people showed up to help.
The committee chairs continued to maximize the provision of continuing education, entertainment programs as well as charitable endeavors. The Circuit Court bench was very helpful in that year’s activities from presenting at continuing education programs to nearly 100% participation in the annual bowling bonanza. By the end of the term it was clear that all of the worries about the new century, and worries by some about having a “woman” bar association president, amounted to nothing.
You have said that receiving the BCBA Judith P. Ritchey Award is especially meaningful. Why?
Judy was first an attorney and then a master (Baltimore County’s first female master) when I was a law clerk for Judge Haile. She often stopped in our office and was especially enthusiastic to everyone. She always treated me with respect, always encouraging me to become involved in bar events. As such she was an early hero for me. At this point I may be one of the handful who have received this award, that actually knew her.
Magistrate C. Theresa Beck
The Advocate October 202220
When serving on the Judicial Administration Council of the MSBA from 2003-2007 you helped research and co-author with others, including Judge Lynne Battaglia, what has become the “Benchbook-Checklist on Judicial. Code of Professionalism”. Why is this so important?
This two page laminated checklist is now regularly distributed to all new members of the judiciary. While few are inclined to pull out the multi-volume set of the Maryland Rules/Code of Professionalism for the Judiciary or even review that chapter on a regular basis, this handy card can be read easily and frequently. It serves to remind the bench of the myriad little things from work routines to mentoring obligations that are essential for all good judges.
In the twenty some years that you have been a magistrate, what did you find helpful to keep up to date on the law?
I was fortunate to be able to teach on various panels for MICPEL, as well as the BCBA and the Administrative Office of the Courts. The AOC Family Law University programs were the most difficult for preparation, yet they were most rewarding. I was particularly happy to see the “Magistrate” track which I participated in launching in 2005, (while on the Judicial Administration Section Council) actually became cemented as a regular offering by 2018. Over the years, we changed many of the formats, following in the footsteps of Judge John Fader’s “cookbook” method of teaching Additionally, my many years of assisting with the work of the sub-committee on the constantly evolving “Family Law Benchbook” revisions was a great way to stay up to date on the law.
What are the overall best changes since you graduated from law school?
Other than the obvious of push computers, e-mail and remote hearings, the best change since I graduated from law school is the elevated status of the practice area of “family law.” The first judicial investitures that I went to always included a so called “joke,” that the new judge was to be given all of the family law cases. At that time, judges freely admitted that they hated family law cases. The Judicial Nominating Commission did not include any primarily family law practitioners. Thanks to the efforts of many, over the years, including Judge John Fader, Judge Barbara Kerr Howe, and Judge Timothy Martin, as well as countless others throughout the state, family law has a respected place in the courthouse.
BCBA
So do you have plans for your well-deserved retirement?
Further legal work is not out of the question, but teaching is more likely. I expect to be an active member of the BCBA and hopefully a regular contributor to the Advocate. Now when I attend bar events and other social events, I won’t be worried about having to get up early the next morning for work. I do plan to read, (a real book, not just stare at a computer screen) travel, and at least try to learn to speak Gaelic. So far I have mastered the word “Slainte.”
What is most memorable about your work as a magistrate?
The Family Law Committee Chair Kerrie Cohen’s September 2022 Meet and Greet was awesome. It included the usual mingling which was special in itself because we had not had so many in person events recently due to COVID. The formal program included very kind words from Judge Jakubowski and Judge Cavanaugh, both long time leaders of the bar and more importantly good friends.
The highlight for the evening in addition to Judge Jakubowski’s presentation of the Judicial Resolution, signed by the bench, was the presentation of the very generous donation in my name to the World Central Kitchen. This charity provides tens of millions of nourishing meals to people affected by disasters and has most recently been working hard in the war torn Ukraine. The Family Law Committee has historically always been first to support the Young Lawyers Holiday Charity Party, as well as the Bull Roast, and Ralph Sapia’s Holiday Toy Drive for Santa’s Helpers, so this was not surprising. However, it may be the first time that the committees’ charitable efforts have gone so far geographically.
Thanks to the efforts of magistrates’ assistants Cindy Whitestone (who surpassed all expectations of helpfulness to the magistrates) and Amanda Hannah (who is a newer member of the team) we did have wonderful retirement luncheon with nearly all of the magistrates in attendance. Judges Sherrie Bailey and Wendy Epstein joined a group from the courthouse, it was naturally smaller in scope,( because of COVID concerns) but the oversized retirement cards with messages from various members of the court team filled in for the lack of physical presence of many of my best co-workers. Judge Bailey’s kind remarks along with the various card messages will also be in my long time memory.
– The Honorable Barbara Kerr Howe
The AdvocateOctober 2022 21
Spotlight
A Personal Reflection on the Retirement of Magistrate C. Theresa Beck
I will begin with the upside to Magistrate C. Theresa Beck’s retirement. As a career-long friend of Magistrate Beck’s (f.k.a. “Master Beck,” a.k.a. “Terri”), I can say she is so deserving of a healthy, joyful, and lengthy retirement after so many years of devoted service to the Baltimore County Circuit Court, the Baltimore County Bar Association (BCBA), the Baltimore County Family Law Bar, and the citizens of Baltimore County. Throughout her accomplished career, she served all of the above in countless ways, always finding a path to dedicate herself, whether that be as Magistrate, the BCBA president, chair/member of the Historical Committee, serving in all capacities for this very publication, The Advocate (which she established, with the help of others in 1990), and all the various other ways she found to contribute to our community.
To those members of the Bar Association who do not practice family law and are not active in the Bar Association itself, you may only know of Magistrate Beck as the blonde-haired woman running around every BCBA event with a camera snapping pictures of everyone and everything. I would like to know the percentage of bar function photographs that were taken by both Magistrate Beck and Myles Friedman over the past many decades, as I am sure it is a vast majority. In fact, the Bar Banquet was my first memory of Magistrate Beck, back when I called her “Terri.”
C. Theresa Beck was a law clerk to the late Honorable Walter Haile. Judge Haile shared chambers with the Honorable James S. Sfekas. When Judge Haile retired, the Honorable Leonard S. Jacobson took over Judge Haile’s chambers, and when I clerked for Judge Sfekas (in 1986–87), I joined the tradition of sitting at the Haile-
Sfekas table at every bar banquet since 1987. Starting each December preceding the January bar banquets, Terri would begin herding the cats to organize our table, and I always appreciated the fact that, while she was sure to seat the judges and other important people, I always had a spot at the table. (Law clerks stick together like that). Later, when my father, William R. Levasseur (Sr.) retired from big firm practice, Terri always made sure he had a spot at our banquet table as well.
“Thoughtful” is too weak a word to describe this person who was, and remains, so completely oriented to helping others and making things work better. These are just a few of the qualities that all of us who know her well are going to greatly miss encountering on a regular basis.
Those of us who practice at the Family Bar are also going to miss Magistrate Beck’s intelligence, common sense and practicality, the qualities she brought to her years of service to the bench, bar, and the citizens of Baltimore County. Since her appointment in 1993 as a part-time master to the Baltimore County Circuit Court, becoming a full-time master in 1998, Magistrate Beck has efficiently and compassionately discharged her duties, always with keen human insight, a strong sense of fairness, and often with an appropriate level of wit.
Interestingly, the year after moving into her full-time master’s position, Magistrate Beck became the first female president of the BCBA in 1999. I could never quite figure out how Magistrate Beck found (or created) the time to devote so much energy to the BCBA, but she did so for her entire legal career. Her level of institutional knowledge about the BCBA is rivaled by only a few. She has served in just about every capacity there is to serve our Association. It was so wonderful when her efforts were
The Advocate October 202222 BCBA Spotlight
rewarded by receiving the Judith P. Ritchie Achievement Award in 2009, a well-deserved recognition of her love for, and commitment to, our legal community.
I have personally benefited from Magistrate Beck’s institutional awareness dozens of times, but one exchange in particular really illustrates the character of the person I am talking about. Whenever I was drafting an article for the Advocate I ran my draft past Magistrate Beck, and she has always provided me with very succinct and careful edits. One came as I was drafting a tribute to the Honorable Timothy J. Martin, upon his retirement (interestingly, Magistrate Beck and Judge Martin shared chambers for a time when Judge Martin first went on the bench). I made some statement in my draft about Judge Martin’s novel creation of regular Family Division meetings to bring together all of the various departments within the courthouse that have anything to do with the movement of family law cases through the system. In her editorial comments to me, she gently stated that she is always a little careful about using superlatives in her writing. Then she asked me, in her very non-judgmental way, if I was aware that the late Honorable Edward A. DeWaters had convened regular Family Division meetings many years in the past? I edited my article, accordingly, giving Judge Martin credit for having revived the old tradition of Family Division meetings.
This is another amazing quality of Terri Beck that I think made/makes her very approachable for advice by attorneys, court personnel, magistrates and even judges, when appropriate. At least in my experience, Magistrate Beck never became preachy or pedagogical, rather, she seems to be a guide who simply directs or redirects your attention to another perspective or another set of facts. And, despite being right so many times, I have never heard the words “I told you so” uttered by Magistrate Beck.
BCBA
This is all in keeping with her proudly Irish personality, characterized by humility, humble spirit, and a sense of humor that borders on being self-deprecating. Since I do not have unlimited space here, I will highly recommend that anyone wanting to understand Magistrate C. Theresa Beck a little better should read her past president’s article, entitled “The Past is Prologue,” published in the BCBA Centennial book. Magistrate Beck’s reflections on her year as our president exudes her love and pride for our wonderful Bar Association, which, through the years of her devoted service, Magistrate Beck helped make into a better organization for all of us.
Having heard from Magistrate Beck only a couple of weeks into her retirement that “I am loving retirement,” I can only hope for all of our sakes that she doesn’t love it too much and completely disappear from our great institution, or even the pages of this wonderful publication, which she helped to found. On behalf of the entire bar, enjoy your retirement, Magistrate Beck, but don’t forget about us, and thank you (x 10!) for all that you have done – Slainte!
– Bill Levasseur Jr., Esq.
The AdvocateOctober 2022 23
Spotlight
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.
The Advocate October 202224
Family Law Meet & Greet and Celebration of Magistrate Beck
On September 8, 2022 the Family Law Section hosted a gathering at Eagle’s Nest Country Club for members to meet and greet family Law Magistrates and Judges. Most of the Magistrates were in attendance, including Magistrates C. Theresa Beck, Catherine Woods, Dilip Paliath, Carrie Polley, and our brand new Magistrate Suzanne Farace, and several judges including the Honorables Ruth Ann Jakubowski, Vicki Ballou-Watts, Wendy S. Epstein, Colleen A. Cavanaugh, and Kathleen G. Cox (retired). But the big celebrity of the evening was now retired Magistrate Terri Beck. The Family Law Bar joined in celebrating and honoring Magistrate Beck’s long years of service to the Circuit Court and the citizens of Baltimore County.
Master of Ceremonies and this year’s Chair of the Family Law Section, Kerri Cohen, began the formal presentation by introducing the magistrates and judges in attendance. She quickly moved on to what many of us, I suspect, were really there for, to pay tribute to Magistrate Beck. As Ms. Cohen stated, Magistrate Beck has given so much time and dedication to the Bench and to cases. The Bench and the bar both noted her strong ties to the Bar Association Magistrate Beck graduated from Towson University and then obtained her law degree from the University of Maryland, followed by an LLM from University of Baltimore. She was appointed Magistrate in 1999, one can only imagine in her 29 years’ of service how many people have appeared in front of her, or how many lawyers!
In Magistrate Beck’s honor, a donation totaling $1250 was made to her charity of choice, World Central Kitchen. In addition, the Circuit Court Bench thanked her for her service, and Judge Cavanaugh shared a personal story that exemplified Magistrate Beck’s care and thoughtfulness. The Bar
Association gave her a plaque honoring her service as well as their heartfelt congratulations and thanks. The attendees gave her a standing ovation.
Magistrate Beck was not thrilled to be the center of attention and to hear all of the accolades about her, but she rose to the occasion to thank everyone for being there, and to thank people for their donations to her preferred charity. She also thanked the family law lawyers and asked (begged?!) them to keep practicing in this area of law! She ended her response with the following Irish blessing: May the roof above us never fall in and may we friends gathered below never fall out.
We wish Magistrate Beck slainte is tainte (“slaw-che iss toinche” - Gaelic for health and wealth) in her next chapter.
– Laure Ruth, Esq.
October 2022 BCBA Spotlight
Stuart Axilbund saxilbund@axulbund.com
Mary Chalawsky chalawsky@gmail.com
Marissa Joelson MJoelson@lawpga.com
William Kerr wlawkerr@verizon.net
Richard Lynas lynas.richard@yahoo.com
Jay Miller JMiller@lawpga.com
Gary Miles gary@lawhjm.com
Jose Molina jamolinalaw@gmail.com
Sam Moxley smoxley@baltimorecountymd.gov
Joseph Murtha jmurtha@mpllawyers.com
Karen Pilarski karenapilarski@gmail.com
Bill Saltysiak wsaltysiak@gmail.com
Thomas Tompsett, Jr. tommy.tompsett@mdlobbyist.com
The Advocate October 202226
Tim Sheridan - The Man Behind the Curtain - Makes His Curtain Call
“Pay no attention to the man behind the curtain,” the Wizard tells Dorothy and her friends. The man behind the curtain made the great and powerful Oz what he was. So too is it for us in the Circuit Court for Baltimore County. While everyone sees the judges, magistrates, and court personnel as the face of the Courthouse, it is the man behind the curtain, Tim Sheridan, who makes us what we are.
As the Court Administrator for the Circuit Court for Baltimore County for the last 14 years, Tim has been responsible for everything which goes on behind the scenes. From preparing the Circuit Court’s annual budget to picking up cases of water for jurors on his way to work, Tim’s job is to do whatever is necessary to make us look good. During his time here, he has dealt with bed bugs on the same day as a visit from the Governor. He has dealt with leaks and floods in the building. He has seen the court through MDEC and the pandemic but found that nothing threatened to stop the court’s operation like the change in the email address from “baltimorecountymd. gov” to “mdcourts.gov.”
Tim is a graduate of Frostburg University and worked as a CPA for a few years before deciding to attend law school at the University of Baltimore School of Law. He practiced law for eight years before changing career paths, deciding that a career in administration would be a better fit for him and his family. From 2000 - 2008, he was the Civil Case Administrator for the Circuit Court for Anne Arundel County, a job he left to become Court Administrator for the Circuit Court for Baltimore County. He and his wife, Lisa, have three daughters, Lily, Riley, and Molly. He says that this job was great while his daughters were growing up as it allowed him the flexibility to be involved with all of his daughters’ sporting events. The goal of his job in his mind was to answer the question, “How do we effectively and efficiently process cases to serve the public?” He is quick to point out that he could not have done his job without a good working relationship with his community partners. That includes his relationship with the bench and bar. He marvels at how many problems get addressed and solved through the workings of the bench/bar committee. He is also quick to acknowledge all the cooperation he received from the county in helping to keep the court open and operating safely. It is the collaborative process of problem-solving that contributes to the productivity of the court.
Tim is leaving the Circuit Court for Baltimore County to be the Court Administrator for the Circuit Court for Montgomery County. He leaves behind a laundry list of accomplishments. He oversaw the reconfiguration of the fourth floor and the building out of the new judges’ and magistrates’ courtrooms. He has worked to secure grants which led to the development of court programs for ADR and problem-solving courts. He acquired funding for case managers for guardianship cases and foreclosures.
Tim will be missed as he has left quite a mark on our court, and we wish him well. He says that he will miss being associated with the hardworking and talented clerks, county employees, judges, and magistrates. He leaves knowing he has left us in great hands with Stephanie Medina (more about her will be saved for a future article).
When passing Tim in the hall, in response to “How are you?” he would answer, “Living the dream.” Best of luck, Tim, wherever your dream takes you.
– The Honorable Wendy Epstein
Tim Sheridan
The AdvocateOctober 2022 27 BCBA Spotlight
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The Advocate October 202228
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For attorneys, professional malpractice insurance is something we check off on our to-do list and hopefully don’t have to think about too often. However, the team at USI Affinity, the industry leader for attorney malpractice insurance, spends every day focused on the very complex and ever-changing landscape of professional liability insurance.
Unlike other professional liability companies, USI Affinity’s team of 70 employees—from onboarding consultants through their leadership, underwriters, and account executives—is solely focused on insuring attorneys, which is a highly specialized area of professional malpractice. “For attorneys, the professional liability piece is so much more than just a piece of paper because they face such a large percentage possibility of having some sort of claim during their career,” said Diana Dunnavant, Assistant Sales Manager & Consultant, Lawyers’ Professional Liability for USI Affinity. Dunnavant estimates that as many as eight out of 10 attorneys will face a claim of some kind during their careers.
Dunnavant, who counts Maryland as one of her primary territories, explained the professional liability process as having two important components. First is the policy. USI Affinity focuses on finding the strongest policy for each attorney or firm. USI Affinity is unique because it is not only a direct carrier but is also a top three brokerage. “We are a one-stop relationship. A firm doesn’t have to change its relationship from USI Affinity if we aren’t the appropriate carrier. We assist with finding the most suitable carrier for your specific situation,” said Dunnavant.
Part two is the risk management portion. USI Affinity sees risk mitigation and risk management as dynamic, changing all the time with laws and market conditions. “It’s not only about the piece of paper, the carrier and the limits, but also the partnership between the firm and us, so we can continue to manage and mitigate the risk as it evolves,” said Dunnavant. In short, USI Affinity does the hard work of managing and monitoring professional liability so we, as attorneys, can focus on our own clients and the important work that we do. “An attorney may spend a few hours each year thinking about malpractice, but there are so many factors that go into the decisionmaking process. Their passion is with their clients and ours is with risk management,” said Dunnavant.
USI Affinity is endorsed by 15 different bar associations, the majority of which are located along the eastern seaboard. Recently USI Affinity’s program has expanded into the southwest, as well. When Dunnavant recently met BCBA’s executive director, Rachel Ruocco, and her leadership team, Dunnavant “immediately recognized that BCBA is a dynamic organization” and is thrilled to partner with BCBA. We, as a bar association, are fortunate to have USI Affinity’s support, as well.
If you’re in the market for professional liability insurance, reach out to Dunnavant and learn more about what USI Affinity can do for you and your practice. Her team has 23 producers, all of whom are ready to assist you promptly and professionally with your professional liability needs. “When it comes to evaluating who you are going to trust to handle such a large portion of a firms risk portfolio, partnering with a company that can provide objective advice, oversight, encouragement about market conditions, strength of carrier, policies, and contract language is a trusted relationship that every firm really needs,” says Dunnavant.
Don’t forget to ask Dunnavant about her ties to Maryland and her “past life” as a professional musician with the Baltimore Symphony Orchestra and the Maryland Symphony. BCBA looks forward to making beautiful music with USI Affinity as a sponsor and supporter. You can reach Diane Dunnavant by telephone (757.978.2829) or by email (diana.dunnavant@usi.com).
– Tracee Orlove Fruman, Esq.
The AdvocateOctober 2022 29
BCBA Spotlight
BCBA Spotlight
Member Spotlight: Carl Gold, Esq.’s Sourdough Recipe
In the last edition of the Advocate, we provided you with only half the recipe for Carl Gold’s sourdough bread. So for those who have sourdough starter taking over their entire refrigerator, we apologize. Below you will find what to do with the starter from starter to finish(er).
There may be nothing more natural than making your own bread from scratch. Sourdough bread has been around for millennia. Thousands of years ago, some observant baker noticed that water and flour left alone began to have air pockets. These pockets are filled with carbon dioxide. This is microbiology before anyone had a name for it. These microbes come from the air, from your hands from utensils- they are everywhere. Like sci-fi alien invaders they are hungry. When the flour and water mix, enzymes in the flour convert starch molecules into sugaralso known as microbe food. When the microbes eat the sugars, they exhale carbon dioxide creating the bubbles. This is commonly known as fermentation. Generally speaking, two of the most important microbes are yeast and lactic acid bacteria.
You can make your own sourdough starter recognizing that every single starter will be different- just like us. The simplest way is to mix equal parts flour and water. I take a quarter cup of flour and a quarter cup of warm water, mix them together and let them sit uncovered in a glass bowl or even a drinking glass. Every 12 hours, I feed the nascent mixture with more of the same ingredients and pour out about a quarter cup of the mix- referred to as the discard. I save this excess in a mason jar that I keep in the refrigerator to share. You should see the mixture start to rise on its own within a few days. When it does, you have your starter. It is best to wait about a week before you use it – the microbes take a while to reach an optimum balance. If you don’t want to wait, just borrow some from a friend!
EVERYDAY SOURDOUGH
Ingredients:
1. 50 grams (1/4 cup) bubbly active starter.
2. 350 grams (1 and ½ cup plus 2 tbs.) warm water.
3. 500 grams (4 cups plus 2 tbs) bread flour.
4. 9 grams (1 ½ tsp) fine sea salt.
5. Make the dough. Whisk the starter and water together in a large bowl with a fork. Add the flour and salt. Combine until a stiff dough forms, then finish mixing by
hand to fully incorporate the flour. The dough will feel dense and shaggy, and it will stick to your fingers as you go. Scrape off as much as you can. Cover with a damp towel and let rest for 30 minutes.
After the dough has rested, work the mass into a fairly smooth ball. To do this, grab a portion of the dough and fold it over pressing your fingertips into the center. Repeat, working your way around the dough until it begins to tighten, about 15 seconds.
Bulk Rise: Cover the bowl with a damp towel and let rise overnight at room temperature. This will take about 8 to 10 hours. The dough is ready when it no longer looks dense and has doubled in size.
Shape: In the morning, coax the dough onto a lightly floured work surface. To shape it into a round, start at the top and fold the dough over toward the center. Turn the dough slightly and fold over the next section of dough. Repeat until you have come full circle. Flip the dough over and let rest for 5 to 10 minutes. Meanwhile, line an 8-inch (20 cm) bowl with a towel and dust with flour. With floured hands, gently cup the dough and pull it toward you in a circular motion to tighten its shape. Using a bench scraper, place the dough into the bowl, seam side up.
Second Rise: Cover the bowl and let rest for 30 minutes to 1 hour. The dough is ready when it looks puffy and has risen slightly but has not yet doubled in size. Preheat your oven to 450 degrees. Cut a sheet of parchment paper to fit the size of your baking pan leaving enough excess around the sides to remove the bread.
Score: Place the parchment over the dough and invert the bowl to release. Sprinkle the dough with flour and gently rub the surface with your hands. Use a serrated knife or a razor blade and score the dough with a crosscut pattern or any way you would like. Use the parchment to transfer the dough to the baking pot.
Bake: Bake the dough on the center rack for 20 minutes covered. Remove the lid and continue to bake for 30 minutes. Then carefully remove the loaf from the pot and bake directly on the over rack for the last 10 minutes to crisp the crust. Cool for 1 hour before slicing.
I never wait an hour before eating. I also mix and match the time covered and uncovered. Enjoy!!!!!
– Carl Gold, Esq.
The Advocate October 202230
BCBA
Charity Spotlight: Safe Alternative Foundation for Education
BCBA President Jack Turnbull chose the Safe Alternative Foundation for Education (SAFE) as the BCBA’s charity for this bar year. Founded by Baltimore native, Van Brooks, SAFE informs students about the importance of obtaining an education as well as having an alternate career plan in anticipation for life’s deviations.
Van, a three-sport athlete when younger, knows all too well the deviations that life can bring. On September 25, 2004, at the age of sixteen, Van broke his neck playing high school football. As a result of this injury, Van was initially paralyzed from the neck down, unable to talk, eat or feel. In spite of such a tragedy, Van did not let this stop him. He went on to graduate from Loyola Blakefield and later from Towson University with a Bachelor of Science in Mass Communications, all the while still working hard at therapy, making a miraculous recovery. Van finally saw his hard work and dedication pay off after eight years. On September 27, 2012 he can proudly say he walked again. These combined experiences, success, and losses formed the foundation of SAFE.
Today, SAFE believes that all students should have access to a quality education and the resources and opportunities that will assist them in achieving their goals. As such, SAFE provides afterschool, weekend, and summer learning educational opportunities through vocational programs that provide real world application as well as exposing students to the world outside of their community.
To learn more about SAFE, visit their website by clicking this link: www.safealternative.org.
– Tommy Tompsett, Esq.
The AdvocateOctober 2022 31
Spotlight
The Advocate October 202232 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? 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 Connect your bank account with with Clio, QuickBooks and LawPay Minimize time spent in multiple systems Law Tech Integrations Visit trustnota.com today Support from real humans who know law firms Branchless account opening saves you time Premier Service No monthly maintenance fees No wire or ACH fees Higher mobile check deposit limits Best in class Pricing
University of Maryland Francis King Carey School of Law 2022 Alumni Awards
On September 8, in celebration of my 20th reunion, I attended the University of Maryland Francis King Carey School of Law 2022 Alumni Awards. This was a part of its long-awaited alumni reunion activities, which had been on hold for the past two-plus years. The Alumni Board Awards Committee selects the honorees, who the Alumni Board then confirms. After reading about these winners, I think we will all agree that each was welldeserving of this honor.
The Lifetime Achievement Award was awarded to United States Senator Benjamin L. Cardin ’67 (This award is given by the Alumni Board at the dean’s discretion and is not awarded annually.)
Cardin has been a senior United States senator since 2007. He is chair of both the Senate Small Business and Entrepreneurship Committee and the U.S. Helsinki Commission, and a senior member of the Senate Finance, Foreign Relations, and Environment and Public Works committees. He is the lead senate sponsor of legislation to prohibit racial profiling by all levels of law enforcement, as well as the Law Enforcement Trust and Integrity Act. He is also the lead author of legislation to prohibit the use of deceptive practices and prevent voter intimidation in federal elections, and restore the voting rights of returning citizens. Additionally, he is the author of bipartisan legislation to remove the deadline for ratification of the Equal Right Amendment (ERA).
A 1967 graduate of the law school, Cardin began his career in public service in the Maryland House of Delegates from 1967 to 1986, serving as speaker from 1979 to 1986. From 1987 to 2006, he represented Maryland’s Third Congressional District in the U.S. House of Representatives.
Committed to ensuring that all Americans have legal representation, Cardin served as chairman of the Maryland Legal Services Corporation from 1988 to 1995 and is the namesake of Maryland Carey Law’s Cardin
Requirement through which all full-time day students provide legal services to people who are poor or otherwise lack access to justice.
Former Maryland Law Dean Don Tobin said, “It is an enormous honor and privilege to bestow the Lifetime Achievement Award on our beloved alum. Throughout his career, Senator Cardin has worked tirelessly to protect and uplift the people of Maryland and the nation through his extraordinary work in public service.”
Approximately half of the attendees at the ceremony were there for Cardin. Including his family, friends, staff, and an entire table of federal judges. Also, his brother, nephew, and great nephew are all fellow graduates of the Carey Law School.
The Distinguished Graduate Award is presented to a Maryland Carey Law alum who has achieved prominence through professional excellence and service to the community. This year’s recipient is Julia Doyle Bernhardt ’81.
Bernhardt has been chief of litigation for the Maryland Attorney General’s Office since 2017. During her career, she has handled hundreds of appeals in the Maryland appellate courts. She has orally argued more than 200 appeals, including successful representation of the petitioner in the United States Supreme Court in the 2016 case Ross v. Blake, six arguments before the United States Court of Appeals for the Fourth Circuit, and more than 130 cases in the Court of Appeals of Maryland. She has more than 230 published decisions in state and federal courts.
“[Bernhardt] is extremely generous with her time and knowledge making everyone who works with her a better lawyer,” wrote nominator Ryan R. Dietrich ’04, Assistant Attorney General, Office of the Attorney General of Maryland. “She handles cases with the highest degree of integrity and elevates the practice of law in each case in which she is involved.”
The AdvocateOctober 2022 33 BCBA Spotlight
BCBA Spotlight
Bernhardt graduated Order of the Coif from Maryland Carey Law in 1981. After completing a judicial clerkship, she joined the Maryland public defender’s office, moving to the attorney general’s office in 2007.
The Mary Ellen Barbera ’84 Judicial Excellence Award is presented to an alum who exemplifies the highest standards of judicial excellence, displays extraordinary courage, energy, and tenacity in the handling of controversial and difficult cases as well as embodies strength of character, service, and competence as a jurist, lawyer, and public servant. This year’s winner is the Honorable Sally D. Adkins ’75
Judge Adkins was appointed to the Maryland Court of Appeals by Gov. Martin O’Malley ’88 in 2008 and retired from the bench in 2018. On the Court of Appeals, she chaired the Advisory Committee to Explore the Feasibility of Maryland’s Adoption of the Uniform Bar Examination. Previously, she was a judge on the Maryland Court of Special Appeals from 1998 to 2008.
After graduating from Maryland Carey Law with honors in 1975, Judge Adkins joined Adkins, Potts & Smethurst, becoming a partner in 1982 until she was elevated to associate judge on the Wicomico County Circuit Court, serving from 1996 to 1998.
Her many honors and awards include being named a co-recipient of the Rita C. Davidson Award from the Women’s Bar Association of Maryland, and a recipient of the Dorothy Beatty Memorial Award for significant contributions to the advancement of women’s rights from the Women’s Law Center of Maryland.
“Judge Adkins’s contribution to the law in Maryland— as a judge on the circuit court, the Court of Special Appeals, and the Court of Appeals—is exceptional,” said the Honorable Andrea M. Leahy, Judge, Court of Special Appeals of Maryland. “I have long marveled at Judge Adkins’s legal acumen, dedication to the law, and commitment to public service.”
Upon receiving her award, Judge Adkins reminded the crowd the difficulties judges have separating personal feelings from judicial findings and noted that we are all human and have to have patience – even with judges.
The Benjamin L. Cardin Public Service Award is presented to an alum who has demonstrated significant and substantial contributions to furthering ideals of public service in the law. This year’s winner is retired Lieutenant Colonel Robert G. Bracknell ’99.
Bracknell has been an assistant legal advisor at NATO’s Headquarters Supreme Allied Commander Transformation (HQ SACT) in Norfolk, Virginia since 2014. A retired Marine lieutenant colonel (OF-4), his military duty took him to California, Germany, Virginia, Bosnia, Iraq, Afghanistan, Washington DC (The Atlantic Council of the United States), North Carolina, and Guantanamo Bay, Cuba.
Bracknell’s public interest work has focused on mitigating the effects of armed conflict on noncombatants; accountability for military standards violators; the development of international law norms in future conflict, including emerging technologies such as AI, unmanned systems, space, cyber, and hypersonic weapons; and emerging concepts, including urban warfare and the impacts of sea level rise and climate change on the future of conflict.
“Rob Bracknell’s dedication in the practice of international law to protect victims of war and his commitment to municipal oversight make him a compelling and worthy candidate for the Benjamin L. Cardin Public Service Award,” wrote nominator Brian Bouffard, Supervisory Trial Defense Attorney, Military Commissions Defense Organization.
Graduating from Maryland Carey Law with honors in 1999, Bracknell also holds an LLM from Harvard Law School. He served on the Maryland Carey Law Alumni Board from 2014 to 2018. Bracknell and my time overlapped at the law school. At the ceremony, we reminisced about shared classes and while he cursed me back in 1999 for the “Cardin Clinic” requirement, he thanked me in retrospect by important experience. I reminded him that it the Cardin Requirement was my uncle’s inspiration, not mine. Coincidentally, because Senator Cardin was present to receive his own award, he graciously presented this award to a well-deserving 1999 alum.
The Advocate October 202234
The Rising Star Award recognizes a recent graduate whose exemplary contributions of service and leadership, have brought credit to the graduate and this institution.
This year’s winner is Anya Anton Marino ’12. Marino instructs Harvard Law School’s LGBTQ+ Advocacy Clinic, which engages in nationwide impact litigation, legislative and policy advocacy, and public education on behalf of the LGBTQ+ community’s most marginalized members. She frequently partners with community members, advocates, non-profit organizations, medical providers, and governmental entities to advance LGBTQ+ rights. Her scholarly interests involve gender discrimination, queer and gender theory, statutory and constitutional construction, and the First and Fourteenth Amendments to the United States Constitution.
In 2019, she joined the ACLU of Florida as a staff attorney, rising later to its deputy legal director in 2020. In that position, she oversaw the legal department’s voting rights litigation and litigated LGBTQ+ and First Amendment cases. Marino was an integral member of the ACLU’s litigation team challenging legislative and executive efforts to suppress 1.4 million Floridian’s voting rights. She also
led the ACLU of Florida’s ongoing litigation to invalidate the governor and Florida legislature’s 2021 anti-protest act, arguing it was racially motivated, overbroad, and vague in violation of the First and Fourteenth Amendments.
Marino was the first openly transgender woman of color to serve in any senior legal position throughout the ACLU’s federation of national and affiliate offices and is the first transgender woman of color to teach at Harvard Law School.
“[Marino’s] experience as an attorney and educator, her dedication to gender and racial justice, her commitment to magnifying the voices of the overlooked, and her visible, vocal leadership in the LGBTQ+ rights movement continue to be a source of pride for [Maryland Carey Law],” wrote nominator Nicole K. McConlogue ’10, Associate Professor and Clinic Director, West Virginia University College of Law.
Marino was congratulated by each of the other recipients in their acceptance remarks for her courage and tenacity to do good. She clearly got the loudest standing applause of the lot.
– Jon Cardin, Esq. with an assist from the University of Maryland Alumni Association
Snehal Massey
SPM Law,
Alaina Storie
Storie Family
City,
The AdvocateOctober 2022 35
BCBA Spotlight
recently opened her own firm,
and specializes in family law. Her new office is in Columbia, MD.
recently opened her own firm,
Law, LLC. Her new office is located in Ellicott
MD. 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. Change of Venue
BCBA Spotlight
Circuit Court Adult Drug Treatment Court - 1 Year Later
The Baltimore County Adult Drug Treatment Court celebrated its first year in operation in September 2022! We had a very successful first year. I am so thankful for my team members. Drug Treatment Court is a voluntary, non-adversarial, judicially supervised program for substance-abusing offenders charged in the Circuit Court of Baltimore County. The mission of our program is to reduce drug dependence by utilizing community resources in an intensive program that combines treatment with comprehensive support services to enable eligible offenders to sustain a crime-free, sober life. The goal is to decrease drug-related crime by providing need-specific treatment and services for substance abusers, thereby enhancing the quality of life for both the participant and the community. We focus on assisting the participants in achieving selfsufficiency and becoming responsible members of the community by living drug-free despite an environment filled with life’s obstacles and pressures.
Multiple agencies comprise the Drug Treatment Court Team. The team members include:
• Myself, the Coordinator;
• The Drug Court Case Manager, Patrick Mattix;
• Judge Purpura, Judge Bailey, & Judge Truffer;
• Assistant State’s Attorney, Kate Rosenblatt
• Panel Public Defender, Kim McGee
• Parole and Probation, Agent Burgess
• Peer Support Supervisor, Hillu Beyene; and
• Members of the treatment community, including our preferred provider, Project Chesapeake Potential participants are referred to our program by their defense attorneys. Once a referral is received, the team will screen it for legal eligibility. Once a participant is deemed eligible, our preferred provider assesses them, and we get a plan in place for their treatment to begin. We secure a bed date at a treatment center or a recovery house (determined by their treatment assessment) and transportation. We also facilitate their release from the Baltimore County Detention Center. We then set the case in for a plea.
• At the plea hearing, the participant ultimately tenders a guilty plea to some part of his/her outstanding case. Sentencing is then held sub-curia for the defendant to enter and complete drug court. We are a post-plea/pre-sentence program. The participant also signs a contract that outlines what will happen if they are successful and what happens if they are not. If they are successful, they will get a suspended sentence. If they are unsuccessful, they will know going into it what their jail sentence will be. Participants go directly into treatment from their plea.
The program is a four phase program that is designed to be completed in as little as 16 months. We expect the average person to take about 18 months to complete it, however. Participants are very carefully supervised while in drug court. In just phase 1 alone, they must comply with substance use disorder (SUD) and mental health (MH) treatment, and we get weekly reports on their progress. They must also submit to a minimum of two observed urine samples a week, as well as come to court weekly. They must complete 90 self-help meetings in 90 days, obtain a sponsor, a home group, and a service position. They must complete a program-provided workbook and remain compliant with any other referrals we put in place. Throughout all phases of the program, the drug court must approve of where they live, where they work, and where they go. Drug court has to approve and sign off on most life decisions they make to ensure they are making choices that will benefit their recovery. Participants stay very busy. As they progress through the phases, the requirements lessen, and by the time they are ready to graduate, we are able to feel confident that they are self-sufficient, working and providing for themselves, and have a supportive network around them.
Throughout their time in the program, we incentivize good behavior and sanction negative behavior. Incentives can come in the form of gift cards, certificates, reduced supervision, decreased court appearance, curfew reduction, etc. Sanctions, on the other hand, can start out as a verbal warning, but increase to written assignments, increased testing, all the way up to incarceration or termination from the program. The team meets weekly to discuss each participant’s progress and decides if any behaviors warrant a sanction or incentive.
When someone successfully completes the program, we set the case in for their sentencing. At this point, participants will get officially sentenced and given their suspended sentence and a period of probation. If they are unsuccessful, the case will get set in for a termination hearing and upon the Judge terminating them from the program, they will be sentenced in accordance with the contract they signed in the beginning.
As of September 1, 2022, we have been accepting referrals. In our first year:
o We received a total of 39 referrals. Of them:
• We accepted 44% into the program (17)
• We declined 46% (18)
• 0% are still being processed or screened
The Advocate October 202236
We are excited to have this program in Baltimore County and are very excited to see what comes in our second year. If anyone has additional questions or would like to learn more, feel free to call me or to come and observe our review hearings at any time. Our hearings are held every Friday at 9 am in Courtroom 3. In addition, I am happy to meet in person or schedule a time to discuss our program at any time. You can find a Drug Court referral form below. We appreciate all the support we have received and are very excited about the coming year!
Eligibility Criteria
• The Participant must be 18 years of age or older
• The Participant must be Baltimore County Resident and/or must be willing to reside or remain available in the jurisdiction for 18-24 months.
• The Participant was charged with a felony in the Circuit Court for Baltimore County.
• The Participant must have a substance abuse use disorder and a history of criminogenic risks and needs.
• Not currently on Probation, unless the Circuit Court Judge to whom the offender is on probation agrees to transfer supervision to the Drug Treatment Court Program or by agreement agrees to hold any probation in abeyance unless the offender has been terminated from the Drug Treatment Court Program.
• Victim related crimes will require that the Victim be notified of the Offender’s participation in the Drug Treatment Court Program.
• Substance Use Disorder is evident, and the primary diagnosis as defined by the ASAM PPC-IIr. Criteria.
• The Participant must participate in a Risk/Needs assessment indicating a high level of criminogenic risk and need factors.
• The Participant must be willing to participate voluntarily.
• The Participant must be amenable to treatment.
• The Participant must be willing to sign a written agreement upon entry to the program.
• The Participant must be willing to sign appropriate consents to release protected and confidential information in accordance with HIPPA HHS 42 CFR Part 2 with and between all substance abuse treatment providers, medication-assisted treatment providers, and mental health treatment providers and or other program providers providing service in accordance with the Drug Treatment Court case management plan.
• The participant must be willing to comply with housing requirements and have access to a phone and/or maintain face to face contact with the team.
• The charge must be one of the following:
o A non-violent, Circuit Court felony
o A violation of probation (as specified above)
Eligibility criteria can be waived at the discretion of the DTC Staff on a case-by-case basis
Disqualifying Factors
• Offenders under the age of 18
• Offenders who are not residents of Baltimore County
• Offenders with a cases originating in District Court
• Offenders eligible for diversion programming or a lesser restrictive means of supervision.
• Offenders with prior convictions for, as well as, attempts or conspiracy to commit any Crimes of Violence as defined by the MD CR §14-101
• Offenders charged with any degree of Arson, Child Abuse (physical or sexual, regardless of age); Child Pornography (possession, manufacturing, distribution), Firearms, Rape, or Sexual Offenses.
• Offenders identified as a dealer for profit with no substance use dependence diagnosis.
• Offenders who are a registered sexual offender
• Offenders with ongoing active gang affiliation
• Offenders with active detainers or warrants
• Offenders who substance abuse assessment does not indicate Substance Use Disorder
• Offenders with severe mental health issues that are not able to be managed in a community based mental health treatment program
• Offenders who are unwilling to participate voluntarily
• District Court or JTP charges
• Violent Offenses or a propensity toward violent behavior
• Offenses which may be considered a threat to public safety
• First-time offenders
• Current or prior felony weapon offenses
• Parolees or Mandatory release offenders
• Any unresolved legal issues in other jurisdictions
Criteria may be waived at the discretion of the Drug Treatment Court team on a case by case basis. Exceptions may be made to the Crimes of Violence clause if the conviction occurred 10 or more years earlier.
Please find the referral form here.
– Jessie Roberson Pearre, Adult Drug Court Coordinator – Baltimore County
The AdvocateOctober 2022 37
BCBA Spotlight
The Advocate October 202238 RSVP online at mvlslaw.org/celebrate-pro-bono
Civil Law Update
A review of the Amicus Curiarum for April, May, June, and July of 2022 revealed the following civil cases of interest:
IN THE COURT OF APPEALS:
April 2022
Attorney Grievance Commission of Maryland v. Robin Keith Annesley Ficker, Misc. Docket AG No. 17, September Term 2020, Filed March 3, 2022. Opinion by McDonald, J.
Mr. Ficker had appeared before the Attorney Grievance Commission on four prior occasions based on his inability to manage his caseload representing primarily individuals charged with serious traffic offenses or low-level criminal offenses. In October 2018, Mr. Ficker took on a client in three separate traffic cases in district court. Two weeks prior to the trial date for one of the cased, he realized he had a conflict. He instructed his office manager to seek a continuance. The office manager drafted the motion for continuance, purporting to have the consent of a former member of the State’s Attorney’s Office, and filed it the day before the trial. Mr. Ficker did not follow up with the motion being filed nor whether it was granted, and he and his client did not appear for trial. Mr. Ficker was called to the court that afternoon to explain his failure to appear with his client. He falsely stated to the court that he had personally signed the motion when he had not and that someone from his office had spoken with the client, although he had not been able to reach his client for weeks.
The Court of Appeals concluded that Mr. Ficker had committed the violations found by the hearing judge save for one, and while disbarment was not the usual sanction for such violations, based on the history of his professional shortcomings, disbarment was the appropriate sanction.
June, 2022
Attorney Grievance Commission of Maryland v. Natalie Thryphenia Collins, Misc. Docket AG No. 6, September Term 2021, Filed February 25, 2022. Opinion by Watts, J.
Ms. Collins had been suspended from the practice of law in the State of Maryland previously and had been filed to be reinstated in September 2020 based on her representations that she had completed all of the requirements and conditions of her suspension, and to the best of her “knowledge, information and belief” no complaints were pending against her. In fact, she had not provided any information to Bar Counsel under Maryland Rule 19-742 and had not paid the court costs as ordered. In addition, on March 20, 2020, a father filed a complaint against her in a custody case in which Collins represented
the other parent, claiming that she had contacted him representing that she was an employee from his child’s school, and obtaining personal information from him before revealing that she was in fact opposing counsel. Collins did not respond to requests from Bar Counsel for information during the investigation of the father’s complaint. Bar Counsel sought sanctions against Collins due to her inappropriate behavior during the phone call with the father, and the false statements in her petition for reinstatement. At the hearing on August 23, 2021, Collins appeared and testified as to mitigation. The hearing judge found that Collins had violated MARPC 3.3(a)(1), 8.1(a) and (b), 8.4 (a), (b), (c) and (d). Further, the hearing judge found that Bar Counsel had established numerous aggravating factors and that Collins failed to establish the existence of any mitigating factors. Collins failed to appear for the oral argument in the Court of Appeals. The Court of Appeals concluded that Collins had violated the MARPC provisions and that indefinite suspension was the appropriate sanction. Further, the Court of Appeals determined that Collins made knowing and intentional misrepresentations in her petition for reinstatement, failed to respond to Bar Counsel’s requests for information on five occasions, committed perjury when she made the false representations under oath, and, based on a review of Attorney Grievance Comm’n v. Vanderlinde, 364 Md. 376, 773 A.2nd 463 (2001) the appropriate sanction was indefinite suspension and not disbarment.
Ceecee Paizs
The AdvocateOctober 2022 39
Civil Law Update
THE COURT OF SPECIAL APPEALS: April 2022
Melissa Candolfi v. Allterra Group, LLC, No. 481, September Term, 2021, filed March 30, 2022. Opinion by Nazarian, J.
Ms. Candolfi alleged that her employer, the Allterra Group, LLC (“Allterra”), wrongfully terminated her employment upon learning that she was pregnant, alleging a violation of public policy. Allterra filed a motion for summary judgment, and Ms. Candolfi’s attorney, Ryan West, failed to appear for the hearing on the motion. The trial court granted the motion for summary judgment and found Mr. West in direct civil contempt and imposed sanctions summarily, ordering Mr. West to “pay a sanction” to defense counsel to purge the contempt as compensation for defense counsel’s expenses incurred in preparing for and attending the hearing.
The Court of Special Appeals affirmed in part and reversed in part. The COSA affirmed the summary judgment but reversed the order of direct civil contempt. The COSA held that (1) the circuit court improperly sought to punish Mr. West’s past, completed conduct rather than compel his future compliance with an order of the court, and (2) the trial court abused its discretion in imposing a sanction and purge that are the same. Direct civil contempt must be used to coerce present or future compliance with a court order rather than punish past, completed conduct. Essential to a court’s imposition of civil contempt is the person’s ability to purge the contempt to avoid a sanction, and the sanction must be distinct from the purge provision.
Deborah Marie Pattison v. Todd Alan Pattison, No. 186, September Term, 2021, filed march 31, 2022. Opinion by Graeff, J.
Husband filed a complaint for absolute divorce. In September 2020, the parties signed a settlement agreement. In response to Husband’s subsequent filing of an amended complaint seeking an absolute divorce on the grounds of mutual consent, Wife denied the existence of a settlement agreement. The trial court granted Husband’s motion requesting that the court recognize and enforce the settlement agreement and order Wife to pay legal fees. Wife appealed that ruling.
The Court of Special Appeals dismissed the appeal, stating that since an order granting a motion to enforce a settlement agreement can be reviewed on appeal from a final judgment, it is not appealable under the collateral order doctrine.
June 2022
Miranda S. Kadish v. Craig M. Kadish, No 275, September Term, 2021, filed April 27, 2022. Opinion by Leahy, J. Mother and Father separated in March 2018. Mother moved to Nevada with the parties’ minor child, S. An agreement was reached in which the parties shared legal decision-making for the child, and the child lived primarily with Mother during the school year and Father during the summer months. On November 19, 2019, Father filed a petition for contempt, and subsequently propounded interrogatories and a request for production of documents. Both parents subsequently filed a series of filings, including opposing petitions for modification of custody and contempt. Father then propounded requests for admissions, to which Mother objected on relevancy of grounds to the vast majority of the requests for admissions. As of December 8, 2020, Mother had failed to answer two separate sets of interrogatories, had not appeared for her deposition, which she notice on three separate occasions, had not responded to two separate requests for production of documents, and had not produced a single document. On the eve of the trial, Mother moved to postpone the trial due to illness but granted Mother’s request to appear remotely. After a two-day trial, after allowing Mother to testify despite sanctions as the trial court overruled those sanctions. The trial court concluded that a material change in circumstances had occurred and, after consideration of the Sanders-Taylor factors, concluded that a material change in circumstance had occurred and granted Father sole legal and physical custody, subject to Mother’s visitation rights. The court denied Mother’s petition for contempt for failure to pay child support and retroactively modified Father’s child support obligation. Mother noted a timely appeal.
The Court of Special Appeals affirmed, reaching three holdings: (1) that the trial court fashioned sanctions that restricted Mother’s ability to present evidence at trial that she failed to produce in discovery without barring any evidence necessary fo the court to consider in making a custody determination in S’s best interests; (2) the trial court did not abuse its discretion in determining that a material change in circumstances had occurred and in granting Father sole legal and physical custody of S, subject to Mother’s visitation rights, and (3) that Mother did not have a right to appeal as the party who unsuccessfully sought to have the other adjudged in contempt.
In re: X.R, X.R., K.D., Nos 1051, 1052, and 1054, September Term 2021, filed May 2, 2022. Opinion by Wells, C.J.
The Advocate October 202240
While in Mother’s care, Child 1 and Child 3 were sexually abused by their half-brother, also a minor child. The abuse of Child 1 was witnessed by Child 2. The Circuit Court, sitting as a juvenile court, found Child 1 and Child 2 to be children in need of assistance (“CINA”) and placed them with the Department of Social Services (“DSS”). The court removed Child 3 from Mother’s custody and awarded custody to Child 3’s father, whom DSS had determined to be a fit custodian. Mother appealed.
The Court of Special Appeals affirmed, finding that Mother had consented to a safety plan yet allowed the children’s half-brother to return to live with her and the children in violation of that plan. Further Mother’s past neglect could be used to forecast the likelihood that she would neglect the children in the future. The COSA noted that despite what In re Jertrude O, 56 Md. App. 83, 98 (1983) held requiring a “more stringent” standard in order to deny custody, the CINA statute does not require the employment of “a more stringent” standard of proof at the dispositional phase of a CINA proceeding. Relying on the holding in In re Yve S., 373 Md. 551 (20030, the COSA held that Family Law §9101is the appropriate inquiry a juvenile court must undertake when determining the appropriate custody arrangement after a CINA finding. Further, Mother and any similarly situated parent appropriately bear the burden of demonstrating that a child at the center of a CINA finding would not be subject to further neglect or abuse if the child were returned to that parent. Similarly, Mother’s failure to demonstrate that Child 3 would not be subject to further neglect or abuse if the child were returned to her was sufficient for the circuit court sitting as a juvenile court to exercise its discretion in awarding custody of Child 3 to the child’s father.
– Ceecee Paizs, Esq.
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Committee Reports
Professionalism Committee: Professionalism in Perpetuity
As part of the bar admission process, applicants must submit a character review to evaluate their character and fitness for the practice of law. In rare instances, past character issues may prevent an applicant from being cleared for admission despite achieving a passing exam score and meeting other qualifications. For most applicants, however, the character review process is something of a formality to confirm the existence of the favorable character traits associated with professionalism.
If the character review process were an infallible predictor of future behavior, the attorney discipline dockets of disciplinary agencies and state supreme courts, including our own Court of Appeals, undoubtedly would be diminished. It is always disappointing to see cases of attorneys who fail to live up to the confidence of those who determined them to have the requisite character and fitness for admission. One wonders why certain attorneys, having successfully completed the difficult journey to bar admission, may jeopardize that accomplishment by engaging in offensive behavior inconsistent with the basic tenets of professionalism. I am not speaking here of those who commit professional misconduct transgressions attributable to inexperience, inadvertence, neglect, or even deliberate disregard for specifically prescribed responsibilities. Rather, the more enigmatic conduct to me involves an episode or episodes of indecorous anger directed at a client, another attorney, or some other individual.
Several possible explanations present themselves when such behavior occurs. Perhaps the attorney always had some fundamental character flaw(s) that escaped detection during the admission process. Perhaps the stressors of practicing law built up to the point where the attorney had an aberrational bad day. Or perhaps there were other underlying personal factors responsible for a negative turn in the attorney’s decision-making. No single answer, however, applies to every unique situation. Whatever the explanation, certain forms of offensive conduct will not be tolerated when such conduct raises concern about the attorney’s continued fitness to practice law.
The recent opinion of the Court of Appeals in Attorney Grievance Commission v. Maiden, __ Md. __, 2022 WL 2977055 (filed 7/28/22), is an illustrative case confirming yet again that the Court of Appeals takes a dim view of attorneys who fail to uphold the cornerstone professional
virtues of character, honesty, and integrity. In September 2019, Amber Maiden, an attorney admitted to the Maryland Bar in 1997, agreed to represent Brian Riese in filing an appeal with the Equal Employment Opportunity Commission (EEOC). Mr. Riese previously had filed a gender-based discrimination complaint against the U.S. Department of State after he was removed from his State Department post in 2018. The State Department dismissed his complaint. After Mr. Riese retained Ms. Maiden, who is Black, she advised the client at a certain point in the representation that she could join his case to support a claim of racial discrimination under 42 U.S.C. § 1981. She further advised Mr. Riese that her participation as a co-claimant was the only way he could pursue punitive damages.
As part of a series of text messages, Ms. Maiden conveyed to Mr. Riese that she expected him to split any punitive damages recovery with her on a 50/50 basis. After Ms. Maiden filed a brief with the EEOC, she sent the client a new retainer agreement reflecting “what she believed to be their new financial arrangement for her continued representation.” Mr. Riese did not sign the new agreement, but later met with Ms. Maiden in person to discuss the terms of the representation. This meeting did not go well, at least by Ms. Maiden’s account, and seemed to precipitate a breakdown of the attorney-client relationship.
On December 2, 2019, Ms. Maiden and Mr. Riese communicated in a series of emails culminating in Ms. Maiden sending an encrypted, 20-page letter addressed to Mr. Riese as an attachment. She included the password needed to access the letter in the body of the email. The letter was Ms. Maiden’s “effort to explain to Mr. Riese how and why his conduct at their in-person meeting and refusal to renegotiate the financial terms of their relationship had offended Ms. Maiden.” In doing so, however, Ms. Maiden “used language that is antisemitic, personally insulting, profane, and otherwise inappropriate.” The excerpts from the letter included in the opinion of the Court of Appeals verify that description but need not be repeated here.
In the disciplinary matter, the Court found that Ms. Maiden violated numerous Rules of Professional Conduct by creating, failing to recognize, and failing to resolve a conflict of interest arising from the arrangement she proposed to make herself a co-claimant along with Mr.
The Advocate October 202242
Riese for the purpose of asserting a cause of action under 42 U.S.C. § 1981. While such conduct alone was cause for discipline, the Court’s discussion focuses primarily on Ms. Maiden’s sending of the 20-page letter to Mr. Riese and her subsequent misrepresentation to Bar Counsel that the letter was sent by mistake. With respect to the letter, the Court of Appeals upheld the disciplinary hearing judge’s conclusions that Ms. Maiden’s statements in the letter violated Rules 8.4(d) and (e) of the Maryland Attorneys’ Rules of Professional Conduct. As summarized by the Court, the letter “is laced with statements that are offensive, demeaning, personally insulting, profane, and premised on harmful religious, racial, and ethnic stereotypes.” Significantly, the Court concurred with the hearing judge’s conclusion that “Ms. Maiden’s statements were neither slips of the tongue nor spoken in the heat of a verbal confrontation.” The statements Ms. Maiden directed to her client were prejudicial to the administration of justice in violation of Rule 8.4(d) because they bring “the legal profession into disrepute,” and they satisfied the additional criteria for a violation of Rule 8.4(e) because of the bias or prejudice knowingly manifested by her words.
Committee Reports
The Court of Appeals imposed an indefinite suspension as the sanction for Ms. Maiden’s commission of multiple violations in her representation of Mr. Riese and its aftermath. The vitriolic letter Ms. Maiden sent her client was the central misconduct in determining the appropriate sanction. The Court noted the existence of two mitigating factors found by the hearing judge, including the absence of a prior disciplinary record and unspecified “personal or emotional problems.”
As attorneys, we do not get to take days off from adherence to the core principles of professionalism. Regardless of the circumstances that may have motivated her to draft and send her letter, Ms. Maiden crossed a boundary of unacceptable behavior that she could not undo after the fact. It is sad to see someone lose the ability to practice law after 20-plus years, or any length of time at the bar, due at least in part to what appears to be a fit of anger. But professionalism often demands the suppression of anger and other emotionally charged reactions. When one commits to becoming a member of this noble profession, the good character required for admission remains a constant condition for a lifetime membership.
– Raymond A. Hein
The AdvocateOctober 2022 43
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Committee Reports
Family Law & Pro Bono Committees: Brown Bag
On September 23, 2022, the Family Law Committee and the Pro Bono Committee hosted a joint virtual brown bag discussion with Baltimore County Magistrates to discuss the common pitfalls the magistrates see from attorneys in their courtrooms. The event was well attended, and both committees were pleased to welcome Magistrates Woods, McBee, Polley, Paliath, and Francois as our speakers. We are thankful to the magistrates for attending and participating in such an informative program. The magistrates provided the following helpful reminders for attorneys to keep in mind when preparing for magistrate hearings:
Answer or Default: For a Complaint or CounterComplaint to be properly before the court, there must either be an Answer or Default Order. See, e.g., Family DCM Plan at 28 (stating when a case is at issue). Magistrate Paliath provided a helpful anecdote to remind attendees that a Counter-Complaint having been filed does not automatically place it at issue unless it has been answered by the opposing party prior to the hearing.
Financial Statement: The Maryland Rules require that a party file a Financial Statement if alimony or child support is at issue. See Maryland Rules 9-202(e) and (f). Questions were posed regarding pro-se litigants and how the magistrates typically address when a pro-se party fails to file a Financial Statement. All magistrates emphasized that the court can always hear evidence related to the Best Interest Standard, regardless of whether proper statements have been filed. However, Magistrate Polley did indicate that it is her practice to typically postpone a hearing until a pro-se litigant has had the opportunity to properly fill out a financial statement. Magistrate Woods also reminded participants to be mindful of the change in Child Support Guidelines, which went into effect in July and Magistrate Paliath encouraged attorneys to review the new case law that came out this year regarding child support.
Amended Pleadings: The magistrates reminded the attorneys present that simply telling a magistrate about an issue at a scheduling conference does not properly place that issue before the court. Attorneys may still need to amend their pleadings and follow all proper procedures (service and Answer/Default) are followed.
Review of Pleadings: The magistrates also reminded attorneys that if they enter cases after pleadings have been filed, especially if the party was previously pro-se. The attorney should review them and see if they need to be amended prior to their magistrate hearing.
Parenting Plan: As they are a more recent addition, the magistrates noted that some attorneys are still forgetting to file Parenting Plans in their cases. If parties cannot reach a comprehensive parenting plan before their hearing (if custody is at issue), they are required to file a Joint Statement of the Parties Concerning DecisionMaking Authority and Parenting Time. See Maryland Rule 9-204(a). It is required to be filed ten (10) days before the settlement conference or, if none, 20 days before trial. See Maryland Rule 9-204.2(c).
Default/Testimony: A lot of discussion was had regarding admission of discovery in default hearings. If there is a default or if a judge signs a discovery order preventing testimony and exhibits to be entered by the party who failed to reply to discovery in a custody case, he/she will still be able to testify and admit evidence if a child’s best interest is at issue. See Flynn v. May, 157 Md. App. 389 (2004); A.A. v. Ab.D, 246 Md. App. 418, 228 A.3d 1210 (2020). The magistrates reminded attorneys to re-read the recent Court of Special Appeals Decision in Kadish v. Kadish, 254 Md. App. 467 (Md. Ct. Spec. App. 2022), which clearly states that in a child custody case, the trial court’s authority to exclude evidence is constrained by the court’s “absolute and overriding obligation to conduct a thorough examination of all possible factors that impact the best interests of the child.” Id., Quoting A.A. v. Ab.D at 444.
Family Support Services: The magistrates confirmed that it is their recommendation to always have a child custody case screened by family court services as it is difficult to secure any services after the Scheduling Conference has taken place. The magistrates cautioned that requests for services made by formal request after the Scheduling Conference are often denied.
Exhibits: The magistrates implored attorneys to always bring extra copies of exhibits to hearings. Attorneys should have at least three copies: one for the opposing party, one to introduce into evidence, and one for themselves. Exhibits should be printed out whenever possible and attorneys should not expect the court to look at a phone or device for an exhibit. Magistrate Woods discussed the introduction of video exhibits and recommended attorneys submit videos on a flash drive to the court while also bringing a means to play the video with them to court. While the magistrates’ courtrooms are slowly being outfitted with video-playing technology,
The Advocate October 202244
Committee Reports
attorneys should not anticipate this will be available for their hearings.
Attorneys in attendance were also encouraged to participate in the Women’s Law Center Judicare Program. WLC has a great need for family law attorneys who are willing to take on contested custody cases in Baltimore County. While volunteers will be compensated for their services ($120/hour for attorneys and $40/hour for paralegals up to $4,200, after which representation is pro bono), all work completed as part of the program may be reported as pro bono! Attorneys who volunteer must have 2-3 years of family law experience. Attorneys willing to volunteer their time to help fill this need should contact
the WLC Legal Director Laure Ruth at lruth@wlcmd. org or 410-321-8761 x130 to discuss being placed on the panel of attorneys.
Finally, Maryland Volunteer Lawyers Services reminded attendees that there are an increasing number of family law cases in need of volunteer lawyers. Current volunteers can search the case id on MLVS’s pro-bono portal and click learn more or email mhenn@mvlslaw.org. New volunteers should complete a volunteer application at the MVLS website. Anyone interested in joining the judiciary panel should email mhenn@mvlslaw.org for information.
– Samantha Boylan, Esq.
The AdvocateOctober 2022 45
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Committee Reports
Diversity and Inclusion Committee: Diversity Corner
Since 2020, the phrase “Diversity, Equity, and Inclusion” has become a buzz term among all professions. All organizations announced the goal to create a more inclusive workforce and/or environment. While our commitment to DEI at BCBA was ongoing, it officially came to fruition in 2020 with the creation and launch of the D&I committee. Since 2020, through the efforts of our D&I committee, we completed two classes of summer scholars and provided various programming to learn how we can incorporate D&I within our workplaces, the courts, and our commitments.
This summer, the BCBA published its strategic plan which included its second of three priority goals of “creating a diverse and inclusive Baltimore County legal community to ensure the BCBA is accessible and welcoming, especially for the newest members joining the profession while creating accessible leadership opportunities for all lawyers.”
This year, the D&I committee hopes to continue to serve our members through education and actionable programming, and support you, our members, with any other D&I needs. We welcome your ideas, tips, suggestions, and/or concerns on how the D&I committee can serve you. Please reach out to us @ dei@bcba.org.
National Hispanic Heritage Month
Each year, Americans observe National Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America.
The observation began in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15. It was enacted into law on August 17, 1988, with the approval of Public Law 100-402.
The idea for Hispanic Heritage Month began as a way to promote the history, culture, and contributions of Hispanic Americans — specifically, those whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America. Communities mark the achievements of Hispanic and Latino Americans with festivals and educational activities.
Hispanic Americans have been integral to the prosperity of our country. Their contributions are immeasurable, and the Hispanic American community has left an indelible mark on the U.S. culture and economy.
– Snehal Massey, Esq.
The AdvocateOctober 2022 47
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Pro Bono Award Reception
Please join members of the Baltimore County Bar Association Pro Bono Committee as we acknowledge and celebrate the Pro Bono contribution of attorneys to the citizens of Baltimore County.
Wednesday, October 26, 2022 5:00 p.m. - 7:00 p.m.
Pessin Katz Law 901 Dulaney Valley Road, Towson, MD 21204
This is a free event, sponsored by the Baltimore County Bar Foundation & Pessin Katz Law.
Lite Fare & Refreshments will be served.
The AdvocateOctober 2022 53
Alicia D. Lewis Register HERE
The Advocate54 S e p t e m b e r 8 , 2 0 2 2 E x p e r t W i t n e s s e s , L e c t u r e a D i s c u s s i o n , I n c l u d i n g S e l e c t t h e E x p e r t , D i r e c t a n d C r o s s D a u b e r t H e a r i n g s COURTROOM WORKSHOPS FOR NEW LAWYERS American College of Trial Lawyers All Lawyers are Invited and Encouraged to Attend! ALL WORKSHOPS WILL BE VIRTUAL (WORKSHOPS WILL NOT BE RECORDED) 12:00 noon - 1:15 p.m. F e b r u a r y 2 0 2 2 - J a n u a r y 2 0 2 3 Second Thursday of the Month October 13, 2022 Closing Arguments, Lecture and Discussion Contact YESENIA@BarFoundationMC.org There is still time to register!
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2, 9am Ravens Tailgate 18, 5:30pm Bar Wars 20, 4:30pm Stated Meeting Courtroom TBD 26, 5:30pm Pro Bono Awards and Reception
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