The Advocate - April 2023

With just over two months left in my term, I hope to turn my message back to the place where it started – service. As BCBA President, I am constantly surrounded by those that serve – the Executive Council, the Committee Chairs and Co-Chairs, and those attorneys that just show up to and support our events. Service, like life, usually requires just showing up to be a success.

As summer nears, Van Brooks and his staff at the SAFE Program, this year’s chosen charity, are gearing up to have their middle schoolers full-time, not just after school in the afternoons. With this added time on the premises and under his tutelage, Van must provide breakfasts, snacks, lunches, school and craft supplies, and budget for the many field trips his students will take over the summer. Many of you have heard me speak about Van and his incredible organization, and scores of you have promised

a donation. I am happy to report that your ship has now come in, and you will be hearing from me soon.

Voting for the Chopped Competition has commenced, and you may cast your votes at one dollar per vote for any candidate you deem worthy. Stuart Schadt and I believe we produced a superior product, but we will let the voters decide. Vote early, vote often. 100% of your votes will be donated to Van Brooks’ SAFE Program, so Van can continue to follow and support his kids from middle school to high school, and, for many, on to college. Van currently has a prior student at West Point and one at the University of Notre Dame (who joined us on the Supreme Court trip!). Van’s program is a proven success. Please Vote Here: bit.ly/bcbachopped

As the terrible weather breaks, we can look forward to sunny skies and some outdoor fun. Please do not forget to register for the Golf Tournament (May 8th) and our Inaugural Field Day (June 3rd).

The practice of law can be difficult under the best of circumstances. We are, after all, as Judge Battista reminds me, professional complainers hired by people who have serious complaints of some form or another. It is extremely easy to become hopelessly tangled in your own rigging. Throw in a family life and some semblance of a personal life, and it is hard to keep sight of the horizon. So please join me for the next 78 days of my presidency and look at the horizon. Remember what’s important, and do your best to serve others when you can. Voting for yours truly for Chopped Champion would be a great start!

See you around the Courthouse.

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

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

Court Notices

April District Court Schedule

JUDGES: GML- George M. Lipman, NRS-Norman R. Stone, JIL-Jack I. Lesser, SDW- Steve D. Wyman, RDZ-Ricardo D. Zwaig, NB-Nathan Braverman, NBS- Nancy B. Shuger, MH-Miriam Hutchins, CC0-Catherine C. O’Malley, RAK-Ronald A. Karasic, TJD-Timothy J. Doory, JMJ-Joann Ellinghaus-Jones, JHH-Jamey H. Huston, MGR-Marc G. Rasinsky KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, KMDKimberly 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, KCM-Kathleen C. Murphy

* Judges’ assignments are subject to change without further notice.

April District Court State’s Attorney’s Schedule

Date: 3

TO3 ABELL

TO4 BROOKS

TO5 PENDLETON

Date: 4

TO2 SNYDMAN

TO3 MAIESE (PM ONLY)

TO4 FISH / GALBRAITH

TO5 VINES

EX1 BORITS / BROCATO

EX3 LEGALL

Date: 5

CA2 YORK

CA7 CHRISTIE

EX1 PENDLETON (PM ONLY) EX2 COHEN EX3 RIGER

Date: 6

CA2 BROOKS

CA5 FISH / BROCATO

CA7 LEGALL

EX1 MAIESE

EX2 VINES / GALBRAITH

EX3 SNYDMAN

Date: 10

TO3 SMITH

TO4 COHEN

TO5 VINES

Date: 11

TO2 PENDLETON

TO3 SNYDMAN (PM ONLY)

TO4 RIGER / GALBRAITH

TO5 CHRISTIE

EX1 FISH

EX3 BROOKS

Date: 12

CA2 COHEN

CA7 SMITH / BROCATO

EX1 VINES (PM ONLY)

EX2 MAIESE EX3 LEGALL

Date: 13

CA2 RIGER

CA5 YORK

CA7 FISH / GALBRAITH

EX1 CHRISTIE

EX2 PENDLETON

EX3 SNYDMAN

Date: 17

TO3 LEGALL

TO4 FISH / GALBRAITH

TO5 YORK

Date: 18

TO2 BROCATO

TO3 COHEN (PM ONLY)

TO4 MAIESE

TO5 RIGER

EX1 BROOKS EX3 CHRISTIE

Date: 19

CA2 PENDLETON CA7 YORK

EX1 FISH (PM ONLY) EX2 LEGALL EX3 VINES

Date: 20

CA2 BROCATO

CA5 SNYDMAN

CA7 RIGER / GALBRAITH

EX1 BROOKS EX2 ABELL EX3 MAIESE

Date: 24

TO3 CHRISTIE

TO4 RIGER / GALBRAITH

TO5 BROCATO

Date: 25

TO2 YORK

TO3 PENDLETON (PM ONLY)

TO4 LEGALL

TO5 SNYDMAN

EX1 VINES

EX3 BROOKS

Date: 26

CA2 CHRISTIE CA7 MAIESE

EX1 RIGER (PM ONLY)

EX2 BROCATO EX3 FISH / GALBRAITH

Calendar of Events

Date: 27

CA2 ABELL CA5 YORK

CA7 COHEN

EX1 SNYDMAN EX2 BORITS

EX3 PENDLETON

Earth Day Op-ed: Greenspace Equity Program

In each legislative session of the Maryland General Assembly, legislators introduce many environmental bills, some of which would have important and far-reaching impacts should they become law. While PFAS, known as“forever chemicals,” and electrification of the grid are both vital and sexy topics to discuss these days, we thought it prudent to address a more subtle policy that will have crucial environmental and cultural impacts on our lives.

House Bill 503, cross-filed with Senate Bill 923, would create the Greenspace Equity Program. The program will increase all types of greenspaces: parks, community gardens, urban farms, bike-and-hike trails, etc. in Maryland’s underserved and overburdened communities. Unfortunately, many Maryland communities simply were not developed with greenspaces. As a result, some communities and neighborhoods have no public outdoor spaces and may have no trees. This is quite apparent in many of the older communities of Baltimore County. Providing green space addresses several community needs. First, public health studies over the past 25 years have documented the physical, mental, and emotional benefits of people spending time in outdoor spaces—benefits that became more pronounced during the initial years of the COVID pandemic. In addition, greenspaces have proven environmental benefits. Greenspaces aid in abating air pollution, mitigating heat desert effects, and reducing stormwater loads, and can help communities become more resilient against the impacts of climate change.

While Maryland has been a leader in land conservation and protecting places for people and nature, we need to be more equitable regarding which communities benefit and how the state’s conservation dollars are invested. Maryland has many great state parks, but residents in overburdened and underserved communities often lack the mobility to visit these open spaces. Therefore, we need to provide accessible greenspaces within these communities so they can also experience the health benefits.

The centerpiece of this legislation is a new grant program, the Greenspace Equity Program, which will directly support the acquisition and stewardship of communities across Maryland that have historically been denied investment in and access to these spaces. The Department of Natural Resources (DNR) will administer the program, and funding

will come from Program Open Space. Grant funds will be available to local land trusts, local governments, and community partners to acquire, maintain, and develop greenspace projects. The grants would enable community leaders and members to access the necessary resources to guide how land parcels within their neighborhoods are used to meet residents’ needs better.

The bill establishes an advisory board and criteria DNR would follow in evaluating annual grant applications. Two main criteria an applicant must meet are 1. a strong showing of support by area residents and organizations—including area businesses—and 2. the ability to demonstrate collaboration with other entities, such as land trusts, local governments, and nonprofits. The availability of grants under this legislation will encourage local officials and planners to consider land conservation in their communities as a vital component of their climate change preparedness as well as a mechanism to provide social justice to their residents, whose quality of life and property values would be enhanced by close proximity to greenspace.

House Bill 503 is the kind of legislation that can have real impacts on people and communities, and we are fortunate in Maryland to have legislators that think holistically about policies that improve everyone’s quality of life. Nevertheless, the hearing before the House Environment and Transportation Committee, and the corresponding Senate committee, was scheduled for March 30th, meaning that the bill’s status is precarious given the impending conclusion of the 2023 legislative session of the Maryland General Assembly. In any case, we plan to continue to look at these sorts of policies as ways to provide environmental justice and a buffer to the effects of climate change.

– Delegates Dana Stein, Esq. & Jon Cardin, Esq. Dana Stein is a lawyer, the executive director of Civic Works, the lead sponsor of HB503 and Vice Chair of the House Environment and Transportation Committee.

Jon S. Cardin practices in Baltimore County, serves on the House Judiciary Committee, and advocates for and cosponsors various pieces of pro-environment legislation.

BCBA Events

The 101st Annual Black Tie Banquet

BCBA Events

BCBA Events

Stuart Axilbund saxilbund@axilbund.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

BCBA Events

BCBA Events

Bar Wars Trivia Night

On March 2nd, our adversarial system moved from the courtroom to Barley’s Backyard, where the Baltimore County Bar Association hosted Bar Wars Trivia Night. With ten teams participating, the competition was fierce, but fun. In the end, Team Royston took the 1st place prize edging out two teams who tied for second, Team Babji Patch Kids and Team Diamond Dogs. Thank you to all those who participated. The team entry fees for this festive event benefitted the Safe Alternative Foundation for Education.

The Lucky Ones

132 pts

Get Out Of Jail Free

108 pts

Diamond Dogs

156 pts

Vincent Gambini’s Office At Your Services

147 pts

Royston 178.5 pts

BCBA Spotlight

Six New Administrative Law Judges Join Maryland Office of Administrative Hearings

Six newly appointed administrative law judges (ALJs) began their administrative judiciary career last month at the Hunt Valley headquarters of the Maryland Office of Administrative Hearings (OAH), an independent agency within the executive branch of Maryland State government. Appointed by Chief Administrative Law Judge Chung K. Pak, the new ALJs bring a wide range of legal experience to the agency that conducts administrative hearings for approximately thirty State agencies, covering over 500 different case types. The following are the OAH’s newest administrative law judges:

conducting videoconference hearings and reviewing and signing drafted appellate decisions by attorneys.

Judge Brouwer is a graduate of Loyola University Maryland and the University of Baltimore School of Law. He started his legal career clerking for the Honorable Thomas F. Stansfield in the Circuit Court for Carroll County. From there, Judge Brouwer joined the Carroll County State’s Attorney’s Office, where he worked as a prosecutor for five years before joining the Office of the Attorney General, representing the Maryland Department of Labor.

Judge Diehl attended the College of William and Mary and received a B.A. in International Relations and a Juris Doctorate from the University of Baltimore School of Law. Judge Diehl clerked for the Honorable Audrey J.S. Carrion in the Circuit Court for Baltimore City. She was an Assistant State’s Attorney in Baltimore City from August 2005 until July 2017. In this role, Judge Diehl prosecuted juvenile matters, misdemeanor jury trials, and general felony cases such as robberies, carjackings, assault in the first degree, shootings, and handgun cases, spending the last six years in the Homicide Unit. From July 2017 to March 2023, Judge Diehl was an Assistant State’s Attorney for Harford County, where she prosecuted felony cases.

Judge Burroughs, a graduate of St. Mary’s College of Maryland and the University of Baltimore School of Law, started her legal career clerking for the Honorable Jan M. Alexander in the Circuit Court for Baltimore County. Judge Burroughs was most recently a Supervisory Senior Counsel within the Department of Veteran Affairs, Board of Veterans’ Appeals. In this role, she exercised supervisory authority and responsibility for assigning work and reviewing others’ work products, as well as the administrative/technical and personnel management functions relative to the attorneys she supervised. Judge Burroughs also served as an Acting Veterans Law Judge,

Judge Fruman is a graduate of Washington University in St. Louis and the University of Maryland School of Law, where she graduated with Order of the Coif honors. Judge Fruman clerked for the Honorable J. Norris Byrnes (retired) in the Circuit Court for Baltimore County. She has worked for the Maryland Office of the Attorney General since 2004. She was most recently a Senior Assistant Attorney General for the Medicaid Fraud Control Unit (MFCU). Before MFCU, Judge Fruman was an administrative prosecutor for the Maryland Department of Health, Health Occupations Prosecution and Litigation Unit. Judge Fruman has held several leadership positions with the Baltimore County Bar Association, including the chair of the Advocate Committee, turning the monthly publication into an award-winning compendium.

Andrew Brouwer

Jennifer Burroughs

Angela Diehl

Tracee Orlove Fruman

Judge Hart graduated from Mount St. Mary’s University and the University of Maryland School of Law. He clerked for the Honorable Jeannie J. Hong in the Circuit Court for Baltimore City. Judge Hart has worked at the Office of the Attorney General in the Department of Labor for the last 10 years.

interviewed. It is a testament to both the diligence and collegiality of each person at OAH that the ALJ position is so highly sought after by members of the Maryland bar. I am sincerely grateful to OAH’s Hiring Committee: ALJs Hampton-EL, Daneker, Choi, and Henderson and Deputy Chief Clerk Cheryl Henson for their extraordinary efforts in the hiring process.

Judge Osborne obtained her Juris Doctorate from Howard University School of Law, where she was a member of the award-winning Huver I. Brown Trial Advocacy Moot Court team. Judge Osborne completed her undergraduate studies at The American University, where she received the Frederick Douglass Merit Scholarship Award. She started her legal career clerking for the Honorable Sheila R. Tillerson Adams in the Circuit Court for Prince George’s County. From 2007-2015, Judge Osborne was a litigator in private practice. She represented individuals and Fortune 500 companies in civil defense litigation. She also worked at a foreclosure defense firm, representing banks and servicers in foreclosure cases before the courts and in foreclosure mediations before the OAH. She comes to the OAH from Prince George’s County Government, where she has worked as an Associate County Attorney in the Office of Law since 2015. In that position, Judge Osborne provided legal advice on the County’s code and policies. She also represented the various County agencies before administrative tribunals and in circuit court on administrative matters.

Chief Judge Pak addressed the rigorous ALJ selection process:

The OAH received eighty-one ALJ applications. From that pool, OAH’s Hiring Committee interviewed forty highly qualified candidates and chose twenty “shortlist” candidates for the Directors of Operations and Quality Assurance and me to interview. We were impressed by the quality and competence of the candidates we

A December 1986 Maryland Bar Journal article, A Proposal for Maryland, proved prescient as we look back on the history of the OAH. In that article, then-Attorney General Stephen H. Sachs made a compelling case for revamping the framework of administrative hearings in Maryland. Mr. Sachs proposed creating a panel of independent administrative adjudicators. In 1988, this writer and many others testified before a State Senate committee considering Mr. Sachs’ concept of creating a centralized State agency responsible for conducting most administrative hearings in Maryland.

In 1990, Maryland joined a small group of central panel states when it established the OAH as a separate and independent agency responsible for adjudicating matters involving most of Maryland’s administrative agencies. Before 1990, State agencies employed hearing examiners to hear and decide cases involving the agencies they worked for. The legal community considered the OAH’s creation and the implementation of a central panel of independent judges to be a significant upgrade in administrative adjudication in Maryland. Among the advantages of establishing a centralized cadre of administrative law judges who hear a wide variety of cases were efficiencies related to administration, scheduling, and training, as well as the perceived independence of the decision-makers. Consolidating the hearing function into one agency also paved the way for focusing on ethics and professionalism and establishing an OAH Code of Judicial Conduct for Administrative Law Judges.

Some of the matters in the range of cases the OAH hears are State personnel appeals, including employee classification and disciplinary actions, grievances, and claims of discrimination; environmental law civil prosecutions and permit appeals; special education placement and reimbursement; Central Collection Unit cases; professional licensing and disciplinary actions; child abuse and neglect allegations; child support enforcement collections; entitlement benefit eligibility: pension and disability eligibility; Board of Education appeals; inmate grievances; Motor Vehicle

John Hart

Sha’Donna Osborne

Get Back on Track with the Vision You Once Had for Your Business

Now is the time to regain perspective and become strategic to make your vision a reality.

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

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

Growth Solutions Team’s Small Business Advisory Program provides you:

Structure to map out your vision, goals and a plan to achieve them

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

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

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

Private, individual coaching sessions to hold you accountable

Direction on how to leverage your resources

Strategies to seize opportunities and reach your potential

Accountability is your KEY to success!

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

Administration revocations and suspensions; and involuntary psychiatric admissions.

With the OAH in existence for over 33 years, the legal community is much more aware of the broad spectrum of administrative matters of original jurisdiction the OAH adjudicates in primarily final appeals from the State agencies. Hearings run the gamut from cases with self-represented litigants to complex, multi-day, and multi-party hearings litigated by senior counsel. ALJs rule upon pre-trial motions, including discovery disputes, evidentiary and procedural issues, and posttrial motions. The judges also conduct mediations. The OAH began in 1990 with a complement of over 70 ALJs. With the new judges listed above, the OAH employs 58 ALJs, including the Chief Judge and four management judges.

Under the leadership of the first Chief Administrative Law Judge, John W. Hardwicke, the OAH completed the daunting task of consolidating and streamlining the State’s administrative hearing function. Chief Judge Thomas E. Dewberry, who served from 2002 to 2019, and current Chief Judge Pak have continued to forge OAH’s role as a national leader among state administrative judiciaries. OAH Director of Operations John Leidig described OAH’s national position as follows:

As one of the early adopters of a central panel, Maryland has sometimes served as a model for central panels in other states. In particular, Maryland’s ALJ training program has been a highlight. New ALJs undergo a months-long training process to prepare them for the variety of case types handled by OAH. In addition, the entire ALJ corps participates in monthly training programs to keep abreast of developments in administrative law and discuss best practices for conducting hearings and writing decisions. The newest ALJs come to the OAH with considerable legal skills and experience. They have already embarked on an intensive training regimen to prepare them to hear a broad spectrum of case types. I can confidently say that their workdays (and occasional evenings and weekends) will be challenging and rewarding but never dull.

For more information on the Maryland OAH, go to oah.maryland.gov

– Hon. Louis N. Hurwitz (Ret.) Editor’s Note- The author, now retired, was among the inaugural group of ALJs hired by the Maryland OAH, serving from 1990 to 2018 and, as a special appointee, in 2022.

For this issue, I decided to read the full text and summarize the case of Sheila Caldwell v. Marquita Sharrice Sutton, a case the Court of Special Appeals heard during the September Term and filed in November 2022. (before the name change!) The Honorable Kathryn Grill Graeff wrote the opinion: Full text - https://mdcourts.gov/data/ opinions/cosa/2022/0424s22.pdf

On December 12, 2013, when her son (the “Child”) was 21 months old Marquita Sutton (“Mother”) fatally stabbed the father of her son. She took the Child to her mother’s home (“Grandmother”) before turning herself in to the police. The court held her without bail on firstdegree murder charges. Subsequently, Grandmother filed an emergency complaint for custody of the Child, which was granted on December 30, 2013. Nine months later, Mother signed a form consenting to Grandmother having sole legal and physical custody of the Child, stating that it was in the Child’s best interest for Grandmother to become his custodian. The circuit court held a custody hearing that Mother did not attend and granted Grandmother sole legal and physical custody of the Child. Mother was to have reasonable access to the Child within Grandmother’s discretion.

In September 2015, Mother entered an Alford plea to second-degree murder and was sentenced to thirty (30) years of incarceration with all but ten (10) suspended. While imprisoned, Mother maintained contact with the Child and took numerous parenting and therapeutic classes. In 2019, after hearing evidence from witnesses and domestic violence experts, the circuit court modified Mother’s sentence. She was released from prison on August 16, 2019, when the Child was seven years old. Initially, Mother was allowed access to the Child, but within months, Grandmother began to limit access, conditioned on proof of Mother’s completing community service hours under the terms of her probation, seeking employment, and receiving appropriate mental health therapy. Six months after her release, Mother moved to modify custody, seeking shared legal custody and a visitation schedule. She subsequently amended her complaint to see sole legal custody and shared physical custody of the Child, with increasing access until Mother regained sole physical custody. She alleged that Grandmother was limiting her access to the Child significantly and that her release from incarceration restored her ability to parent the Child and constituted a material change in circumstances. After an extensive trial on the merits, the trial court issued a 36page memorandum option granting Mother sole legal and physical custody of the Child. The court found that:

(1) Mother’s release from incarceration and other facts demonstrated a material change in circumstances; (2) Mother had proven by clear and convincing evidence that good cause existed under FL §9-101.2 to award her custody; (3) it was in the Child’s best interest to return to the custody of Mother, his natural parent; and (4) Grandmother had not shown that Mother was unfit, that exceptional circumstances existed or that Grandmother was a de facto parent. Mother was awarded sole legal and physical custody of the Child and there was a transition plan for the transfer of physical custody of the Child from Grandmother to Mother. The court further ordered that Mother and the Child would participate in reunification therapy, the cost of which would be split between the parties and that the Child would continue in individual therapy.

The Court of Appeals began with a discussion of the case law relevant to the rights of parents to direct and govern the care, custody and control of their children is a fundamental right protected by the Fourteenth Amendment of the United States Constitution (Troxel v. Granville, 530 U.S. 57, 66 (2000), Conover v. Conover, 450 Md. 51, 60 (2016)) Conover further stated that the “primary goal of access determinations in Maryland is to serve the best interest of the child.” Conover, 450 Md. at 60. Conover also recognized the concept of de facto parenthood rather than having to meet the requirements of third parties seeking custody to overcome the presumption that the child’s best interest is to be in the parent’s custody by proving that the child’s natural parents were unfit to have custody or that there were exceptional circumstances making parental custody detrimental to the best interests of the child. The Court

Ceecee Paizs

Get Ready to Join A Real Legal Power Team…

Join the team that leads the way Albers & Associates is one of the fastest-growing law firms in Maryland.

With locations in Westminster, Columbia, Baltimore, and Timonium, our attorneys serve clients throughout Maryland. We’re always seeking talented legal professionals who are motivated to advance their careers with a thriving firm.

Are you a solo practitioner or small firm owner who wants to focus on practicing law and not running a business? We’d like to talk to you about acquiring your business. We can work with you to develop a mutually beneficial succession plan.

Don’t wait to start your next chapter. Whether you’ve just passed the bar and are ready to start your career, or you’re planning to exit your business and want to leave your legacy in good hands, let’s have a conversation.

rossalbers.com/about/careers/

[In] combining forces, if we're working well together, we'll just be far greater. And we’ll ultimately get what we want, which is to earn more, work less, and live a richer life.

— Ross W. Albers

of Special Appeals cited the test in Conover, which was “narrowly tailored to avoid infringing upon the parental autonomy of a legal parent,” as follows:

1) That the biological or adoptive parent consented to and fostered the petitioner’s formation and establishment of a parent-like relationship with the child;

2) That the petitioner and the child lived together in the same household;

3) That the petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care, education, and development, including contributing towards the child’s support, without expectation of financial compensation; and

4) That the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, parental in nature.

If a third party established a relationship of de facto parenthood, that person is deemed to have status equal to a biological or adoptive parent in custody determinations. Basciano, slip op. at 33; David A. v. Karen S.,242 Md. App. 1, 27-28, cert. denied, 466 Md. 219 (2019). The court then analyzes the best interest of the child to determine custody.

Grandmother noted that reconsideration of custody orders generally should focus on “changes in circumstances which have occurred subsequent to the last court hearing” Hardisty v. Salerno, 255 Md. 436, 439 (1969). However, the Court noted that evidence of past history may be relevant to a party’s present fitness for custody. Further, in this case, since the original custody order was entered prior to Mother’s incarceration, her release, along with her efforts to create a stable environment in which she could parent the Child, did constitute a material change in circumstances. In addition, while Mother pleaded guilty to the second-degree murder, the court could award custody of the Child to Mother if it was satisfied by clear and convincing evidence that there was good cause to do so. In this case, they found that Mother had provided such clear and convincing evidence under FL §9-101.2. As for the finding of “good cause,” the Court held that when “good cause” is used as an undefined term in a statute, it is a “flexible term,” and its meaning must be deduced from the facts of each case in a manner that is consistent with the [statute’s] fundamental purpose.” Meek v. Linton, 245 Md. App.689, 721 (2020).

As to the third-party v. de facto parenthood, the Court held that the trial court erred in finding that Grandmother was not a de facto parent and finding that she failed to prove extraordinary circumstances. The Court then examined how Grandmother had satisfied the four-prong test set out in Conover. Therefore, she has equal footing with Mother for custody determinations, and therefore the trial court must engage in a new best-interest analysis with Grandmother having the status of a legal parent, not that of a third party. The case was remanded for further proceedings consistent with the opinion.

Eliminate your on-desk time, lower your costs, and start closing cases faster. Sign up today and let us help your firm prosper.

chartsquad.com

–Ceecee Paizs, Esq.

PROUD

SPONSOR OF THE BALTIMORE COUNTY BAR ASSOCIATION

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

Professionalism Committee: “ Life is Hard” and Other Platitudes

A few months ago, a client of mine pled guilty in a drug case. In the criminal justice world, becoming numb to the daily tales of human tragedy and hardship is easy. Still, occasionally, we encounter an individual whose biography is so marred by suffering that it manages to make an impression. This was such a case.

My client’s story was not unique in any of its individual elements, but rather by the comprehensiveness of its grief: prenatal exposure to narcotics; complete parental abandonment; a lack of healthy male role models; childhood cognitive and behavioral diagnoses and psychiatric commitments; alternative schooling; an early introduction to drug use; arrests and juvenile confinement throughout his teens; dropping out of school; and a first sentence to the Division of Corrections at age 19. One particularly colorful example of suffering: his family lied to him about his parentage for twelve years before he learned that a woman he had thought to be an extended cousin was actually his biological mother, a revelation that shook his already bitter view of the world. A social worker summed up these adverse events in an eight-page report. The social worker identified and applied the psychological research that explained how profoundly these experiences curtailed healthy development. Never having felt any sense of safety or security, life had given him a hostile worldview focused exclusively on survival.

As the judge announced the sentence and provided a rationale for it, they told my client, “Life is hard for everyone.” I winced. The judge had seemingly dismissed in one stroke the mitigating circumstances of my client’s personal story. I could only imagine how this young man felt as this individual of clear privilege, education, and social esteem appeared to equate their life experience with the painful details of my client’s personal narrative that had just been laid bare before the courtroom. Speaking for myself, while my life has had its challenging moments, I can say unambiguously that any struggles I have ever faced fail to compare in quantity or quality to the anguish this young man has endured in half as many years.

I choose to give this jurist the benefit of the doubt: they presumably do recognize that while the experience of hardship might be a universal human truth, some of us get through life a lot easier than others. To the judge’s credit, I cannot say that the

sentence my client received was unreasonable. However, an opportunity was missed that day to signal to him and anyone else present that our court is capable of dispensing justice with compassion that acknowledges and respects the unique circumstances of the parties appearing before it. That opportunity was lost with those five words: “Life is hard for everyone.”

The Bar Association has striven in recent years to reaffirm our commitment to promoting diversity, inclusion, and equity — a promise now enshrined within our code of professionalism. But we still have work to do if we are to live out that pledge. For those of us who work with members of marginalized groups, we must resist our desensitization to human suffering. We cannot assume that others in the legal community are equally familiar with the effects of systematic deprivation and poverty. There is a related risk that when we recognize a pattern of injustice that has become familiar, we gloss over it, and in so doing fail to appreciate the humanity of the unique individual in front of us.

As we strive to find common ground with the people with whom we interact, we ought never to presume we know their experience of the world.

– Michael Jacko, Esq.

WHEN: WEDNESDAY, APRIL 12, 2023

TIME: 4PM - 7PM

WHERE: WOODLAWN BRANCH OF THE BALTIMORE COUNTY PUBLIC LIBRARY 1811 WOODLAWN DRIVE WOODLAWN, MD 21207

Diversity, Equity, Inclusion, and Belonging Committee: Exploring Implicit Bias Without Shame or Blame

When I was asked to write an article for this month’s edition of The Advocate, I immediately knew what I wanted to discuss. While conversations around implicit bias are extremely valuable, many are reticent to engage on the topic because it’s so inherently discomforting. As a result, the implicit bias conversation may not include everyone because many naturally put up barriers when made to feel defensive.

By making space for a bold conversation in a judgmentfree zone we can reach a broader audience and engage more meaningfully. What progress could be made if we agree to approach these conversations with empathy and understanding, recognizing that implicit biases are a natural part of human cognition and can be influenced by a wide range of factors? Or if we agree to explore implicit bias without assigning blame or invoking shame?

“Why would I voluntarily put myself in a situation where I’m forced to feel bad?” I’ve encountered this question before, and frankly, it’s tough to answer. Discussing our biases is inherently difficult, requiring a profound level of openness, vulnerability, and trust. Unfortunately, shame and blame work against this openness. Shame is an internal response to a perceived failure or inadequacy, where one feels personally responsible for a mistake or shortcoming. At the same time, blame is an external response to a situation or behavior, an attempt to hold another accountable for an act or omission. The commonality between the two is the effect on the recipient – resistance and shutting down. Learning or growth cannot occur when we are in a defensive posture. Engaging on the topic of implicit bias is made more difficult without a frame of reference. Implicit biases are, by definition, not easily seen or recognized, and identifying them requires a more profound level of selfreflection than we may ordinarily employ. And not just the larger biases concerning such topics as race, gender, and disability – even harmless biases can be challenging to recognize. Perhaps, someone can’t easily observe their own bias against those of a certain race, but may readily express favor of a specific dog breed or product – think of the diehard Chevy owner who wouldn’t be caught dead driving a Ford. Acknowledging that we’re capable of bias opens the door to a deeper conversation with more meaningful exploration.

It’s essential to approach the conversation about implicit bias without feeling shame for what we might learn about

ourselves. Shame is a deeply powerful emotion that can negatively impact our sense of self-worth and self-esteem. When we feel ashamed, we are less likely to take risks or explore new opportunities. We may avoid situations or experiences that could help us grow and develop as individuals because we are afraid of failure or rejection. While conversations about implicit bias can expose vulnerabilities and highlight negative traits, these don’t need to induce shame. How much better is it to view these realizations as an opportunity for growth? Instead of allowing shame to drive us away from these conversations, we can actively create space for safe and constructive acknowledgment of implicit bias as part of the human experience and an opportunity to work collaboratively to understand and address it. This allows us to engage in more productive and constructive dialogue.

Exploring implicit bias without shame requires a safe and respectful environment where we can feel comfortable sharing our experiences and perspectives. We create this space by acknowledging that everyone has implicit biases – we all have unique experiences and backgrounds that shape our perceptions of the world around us. Therefore, it’s essential to approach the conversation with an open mind and a willingness to learn, acknowledging that implicit bias is a natural and often unconscious part of being human beings.

Additionally, exploring implicit bias without blame requires approaching the conversation without judgment or defensiveness. Empathy and a willingness to listen to others’ experiences create a more productive dialogue that leads to personal growth, stronger relationships, and a more inclusive society. Finally, it’s important to recognize that exploring implicit bias is an ongoing process, and there is always more to learn and understand.

When we can set aside shame and blame when discussing implicit bias, we can make space to continue to educate ourselves, seek feedback from others, and actively work on challenging our biases and assumptions. It’s worth the effort. We’ll be all the better for it.

The Diversity and Inclusion Committee, in collaboration with FreeState Justice and co-hosted by the Maryland Office of the Attorney General, cordially invites you to participate in our 3-part virtual series “Exploring Implicit Bias without Shame or Blame” on April 26th, May 10th, and May 24th from 6 pm - 7 pm.

– Rob Daniels, Esq.

Family Law Committee: Process for Handling Family Law Motions

Do you ever wonder what happens to your Family Law Motions once they are filed? On Monday, March 27, 2023, nearly 100 people attended a Family Law Committee’s Lunch and Learn session to understand better the Motion’s process in Family Law cases. Magistrates Suzanne Farace, Michael McBee, and Carrie Polley provided great tips for filing Motions:

Tip 1 – Understand the Motions Process. The Clerk’s Office automatically holds all Motions for 18 days or until the response is docketed. Then, the Clerk puts the Motion in the Magistrate’s queue for review. The Magistrates reported receiving 35-40 motions per week, and they aim to review and make recommendations on each Motion the same week it is put into the queue. After review, the Magistrates draft a memo recommending a ruling. Next, the Motion and the memo are put into the queue of the Motion’s Judge for Family Law that month (the assigned Judges rotate that responsibility). The Judge then independently assesses the Motion and is not bound by the Magistrate’s recommendations.

Tip 2 – Proposed Orders – Should you File? The Magistrates admitted that, in most filings, they pull out the proposed Orders and replace them with their own recommended Order or memo. Ensure the relief in the “Wherefore” clause is specific so the Magistrates know what you want in the Order. While you can continue to submit a proposed Order, do not be surprised if the signed one looks different.

Tip 3 – Discovery Motions Require Multiple Efforts. Discovery Motions are the most common filings in the Family Law queue. Before filing a discovery Motion, read the rules and make good faith EFFORTS (emphasis on the plural) to resolve the dispute. One attempt at resolution will not get a discovery Motion granted. If the other side is pro se, make an extra effort to contact them, as not all pro se litigants check email as frequently as lawyers do. Please also review the Scheduling Order to see if the deadline for filing discovery Motions has passed. If the deadline has passed, your Motion will likely get denied.

Tip 4 – Read Kadish to Learn about Discovery Sanctions. The Appellate Court of Maryland case, Kadish v. Kadish, 254 Md.App. 467 (2022) provides guidance on alternate discovery sanctions in Family Law disputes. Read Kadish, and understand the relief available to your client in Family Law Discovery disputes.

Tip 5 – Be Careful What You Call Your Filing. If you file a “Petition,” it does not go into the Motions Queue. Understand the difference between a “Petition” and a “Motion” and title each filing correctly.

Tip 6 – DSS Records Take Time. If you request DSS records, DSS automatically files to quash the subpoena or issue a Protective Order. The Judge will likely order an in-camera review of the records and assign a Magistrate to the task. After the review, the Magistrate issues a recommendation as to what should and should not be released. The Judge then considers the Magistrate’s recommendations and issues an Order. Because this is a two-Order process, please allow at least 60 days for a ruling. If you are too close to trial, consider a postponement.

Tip 7 – Check your Scheduling Orders. If a new issue arises in a case and discovery needs to be reopened, file a Motion to Amend the Scheduling Order. Otherwise, the Scheduling Order deadlines control discovery motions.

Tip 8 – File your Financial Statement. If you file a request for child support or alimony, please also include the correct Financial Statement. Before filing a Motion to Strike the pleading for failure to include the Financial Statement, reach out to the other side to see if this can be resolved by agreement instead of rushing to file a Motion to Strike.

Tip 9 – If Custody is at issue, no need to oppose a request to vacate a default. If a Defendant files a Motion to Vacate Default in a custody case, it will be granted. Save your client’s time and money, and do not oppose it. The law requires the Court to hear all testimony related to the best interests of the child.

Tip 10 – Keep an Eye on Your Outstanding Motions. We are so fortunate that the Family Law Magistrates and Judges quickly review and rule on Motions. However, if you are concerned your Motion may have been missed, please call the Clerk’s Office to inquire. The Clerks can easily track the status of the Motion in Odyssey and provide a status update.

– Laurie M. Wasserman, Esq. Steffani L. Langston, Esq., and Virginia Yeoman, Esq.

A lawyer writes in…

Dear Trial Doctor,

I need some advice. I have a case in which I need to prove the value of quite a few items of personal property. Many of the items do not have significant monetary value but I will have to prove the value for other reasons. Will I need to hire an expensive expert to provide an opinion as to the valuation of these items?”

Valued Reader

Dear Valued Reader,

Your question has opened the door to a discussion of the admissibility of lay opinion evidence. While lawyers are most familiar with opinion evidence as expressed by experts in their fields, there are a significant number of areas in which lay opinion testimony is admissible if the proper foundation is first laid.

The starting point for this discussion is Md. Rule 5-701 which permits the introduction of lay witness testimony if those opinions are:

1) Rationally based on the witness’ perception, and

2) Helpful to understand the witness’ testimony or the determination of a fact in issue.

Such opinions must be based on the first-hand knowledge of the witness, Green v. U.S. Fisheries Inc. 113 Md. App. 674 (1997).

Some examples of these kinds of lay opinions include: an individual’s handwriting, an individual’s emotional state (angry, happy, nervous), an individual’s sanity, an individual’s apparent physical state (drunken, in pain), the speed of an automobile and the reasonableness of attorneys’ fees, just to name a few. See Maryland Evidence, McLain, L., 3d Ed., §701.1 for more information.

Importantly for you, a lay witness who is personally familiar with real

or personal property may testify as to its value. Owners are almost always able to testify as to the value of their own property. Just as with any opinion, the witness should be permitted to state the factual basis for the opinion and should be prepared to do so.

So, to answer your question, an individual with a firsthand familiarity with the items of personal property and a rational basis for their valuation may testify as to their value. No expert testimony is required.

Thank you for your question in such a valuable area of inquiry.

– The Trial Doctor

PPRESENT RESENT

FEE

ARBITRATION -

FEE ARBITRATION - an under-used gem an under-used gem to resolve client to resolve client grievances and fee grievances and fee disputes disputes

Thursday, 12 noon on ZOOM

April 13th

FREE

Click HERE to Register

Zoom LINK will be provided upon registration

BCBA's Fee Arbitration program is a valuable resource! Join us to learn about adding a fee arbitration provision to your engagement letter and how to best use the program.

Speakers: Tom Dolina, Esq. Ari Kodeck, Esq. and Irwin Kramer Esq.

Laurie Wasserman, Program Chair

BALTIMORE COUNTY BAR ASSOCIATION

Criminal Law Committee Presents:

"GUNS AND DRUGS"

PART II: OVERVIEW OF THE CIRCUIT COURT DRUG COURT AND DISTRICT COURT ADULT RECOVERY COURT

Thursday, April 13, 2023

5:00-7:00pm

Banditos Tacos & Tequila, 31 Allegheny Ave, Towson

Jessie Pearre: Drug Court Coordinator

Baltimore County Circuit Court

SPEAKERS

Ethan Stansbury: Adult Recovery Court Coordinator Baltimore County District Court

The Circuit Court Coordinator and District Court Coordinator will provide an overview of the Circuit Court Drug Court and the District Court Adult Recovery Court, and will discuss the differences between the programs, the referral process for each program, and what is required of the participants once they are entered into the program.

REGISTER HERE

Appetizers and refreshments generously sponsored by:

PROGRAM CHAIR: Stuart A. Schadt

BCBA's Diversity & Inclusion Committee Presents:

EXPLORING IMPLICIT BIAS WITHOUT SHAME OR BLAME: 3 PART SERIES

Join us for 3-part series in a confidential, judgment-free virtual space to broaden your knowledge on implicit bias and gain tools to combat it within ourselves and within our community.

PANELISTS: FREESTATE JUSTICE + GARY C. NORMAN, JD,LLM

26 10

Part 1

What is Implicit Bias? Why is it important to recognize and address? REGISTER HERE

APR MAY MAY

Part 2

Panelists with expertise on racial/ethnic bias, disability bias and LGBTQ+ bias? REGISTER HERE

24

Part 3

How can we apply and/or address implicit bias? What role can you play in empowering marginalized groups? REGISTER HERE

Program Chairs: Rob Daniels & Eric Steiner

Monday, May 1st, 2023

12:00 PM

Keynote Speaker:

United States Senator Ben Cardin

Historic Courthouse for Baltimore County

Ceremonial Courtroom 5

400 Washington Avenue, Towson, MD

free lunch

entertainment provided by Towson high school jazz ensemble

BALTIMORE COUNTY BAR ASSOCIATION

ANNUAL GOLF TOURNAMENT AND SILENT AUCTION

MONDAY, MAY 8 • 11:30AM

Platinum Sponsor: Vallit Advisors

Registration & lunch starts at 11:30am, Shotgun start at 1:00pm Dinner & awards immediately following play $175 per Golfer; $700 per Foursome

18-Hole Tournament Format: Four-person Captain's Choice Young Lawyers' Committee silent auction, course contests, raffles, giveaways, mulligans available for purchase and beverage carts along the course.

Proceeds benefit Safe Alternative Foundation for Education

Name of Golfer

Name of Golfer

Name of Golfer

Name of Golfer

Click HERE to register and pay online

To register and pay by mail, return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Ave, Towson, MD 21204 with either cash, check or credit card information

SponsorshipsAvailable! ContactRachelRuocco at rruocco@bcba.org for moreinformation.

CONTINUING LEGAL EDUCATION COMMITTEE PRESENTS: DEPOSITIONS: PREPARING FOR SUCCESS

WEDNESDAY, MAY 17, 2023

12:00PM

Topics will include drafting the deposition notice, researching the adverse deponent, preparing the deponent, anticipating difficulties with counsel, mastering the facts of the case, preparing an outline, and obtaining and using relevant literature. The Speakers will discuss strategies, examples, and experiences from party, fact witness, corporate designee, and expert witness depositions they have taken across the country in highexposure litigation.

PROGRAM CHAIR: ARI KODEK

Brian M. Cathell, Esq.

J. Kieran Murphy, Esq.

SATURDAY SATURDAY JUNE 3 JUNE 3

YOUNG LAWYERS YOUNG LAWYERS FAMILY FAMILY FIELD DAY FIELD DAY

FUNDRAISER! FUNDRAISER!

Baltimore County Bar Association

(T)

(F)