The Advocate - February 2023

Cyberdyne Systems was the company responsible for the development of SkyNet, an Artificial Intelligence program that took over the world and attempted to eradicate human beings in a movie that, at the time of its release, seemed like far-off science fiction. It sent a Terminator to the past to eliminate its enemies. This faroff fiction is now upon us – to an extent. AI has taken over multiple aspects of our lives, and has now become a go-to resource for “help” writing everything from blog posts to college essays. Could we attorneys become obsolete and, hence, Terminated?

I asked an AI writing site for some help with this article, and after inputting a topic and some very basic parameters, it generated, in under a second, a concise, well-written 600word article on AI’s applications and future in the legal profession. An excerpt is below:

Everyday technology continues to evolve, and artificial intelligence (AI) is beginning to have an increasing impact on the legal

profession. With advances in AI, everything from the drafting of legal documents to the prediction of verdict outcomes has become more automated and efficient. As such, the legal industry has begun to embrace this development with caution and curiosity. However, it is important to consider the ethical implications of automation within the legal profession and its potential to disproportionately favor the already privileged and powerful.

When using AI in the legal profession, there are a few other ethical considerations to keep in mind. For example, AI can be used to automate decisions that should be made by humans, such as sentencing or determining guilt. This could lead to biased outcomes and unfair treatment of certain individuals. Additionally, AI can be used to access confidential information or personal data without the knowledge or consent of the individual. This could lead to serious privacy violations and potential misuse of data. Finally, AI can be used to manipulate evidence or alter documents in order to achieve a desired outcome. This could lead to unethical practices and an overall lack of trust in the legal system.

Because I “created” this article, albeit using AI, am I engaging in plagiarism? I ran this text through a plagiarism checker and it detected no evidence of plagiarism. Is this a smart shortcut – a good and proper use of technology? Or am I cheating? Maybe a little of both.

There’s lots of gray area here and endless room for interpretation, and even more questions on the effects AI will have on the profession and litigants. Will AI level the playing field for the disadvantaged, or will it increase the dominance of wealthy individuals and corporations? Will AI ethics ever be regulated by the courts or legislature? These questions and many like them will be posed to the next generation of lawyers as we watch AI develop.

- 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

Rachel M. Ruocco, Executive Director

Cover photographs courtesy of the Offices of the Maryland Governor (left) and Maryland Attorney General (right)

Court Notices

February District Court Schedule

JUDGES: SDW – Steven D. Wyman, NRS-Norman R. Stone, GML – George M. Lipman, KEM-Keith E. Mathews, NB-Nathan Braverman, MGR-Marc G. Rasinsky, 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, KCM-Kathleen C. Murphy

* Judges’ assignments are subject to change without further notice

February District Court State’s Attorney’s Schedule

Date: 1

CA2 LEGALL CA7 FISH

EX1 SNYDMAN (PM ONLY) EX2 VINES EX3 DICKSON

Date: 2

CA2 ABELL CA5 RIGER CA7 CHRISTIE

EX1 SMITH EX2 COHEN EX3 LACHMAN

Date: 6

TO3 PENDLETON

TO4 YORK

TO5 LEGALL

Date: 7

TO2 LACHMAN

TO3 DICKSON (PM ONLY)

TO4 COHEN

TO5 ABELL

EX1 SNYDMAN EX3 FISH

Date: 8

CA2 PENDELTON CA7 LEGALL

EX1 YORK (PM ONLY) EX2 SMITH EX3 RIGER

Date: 9

CA2 DICKSON CA5 LACHMAN CA7 COHEN

EX1 VINES EX2 CHRISTIE EX3 ABELL

Date: 13

TO3 SMITH

TO4 FISH

TO5 YORK

Date: 14

TO2 PENDLETON

TO3 LACHMAN (PM ONLY)

TO4 VINES

TO5 CHRISTIE

EX1 COHEN EX3 DICKSON

Date: 21

TO2 LEGALL

TO3 CHRISTIE (PM ONLY)

TO4 SMITH

TO5 ABELL

EX1 DICKSON EX3 FISH

Date: 15 CA2 SMITH CA7 YORK

EX1 FULLER (PM ONLY) EX2 FISH EX3 ABELL

Date: 22

CA2 LACHMAN CA7 YORK

EX1 COHEN (PM ONLY) EX2 RIGER EX3 SNYDMAN

Date: 16

CA2 CHRISTIE CA5 LEGALL CA7 COHEN

EX1 PENDLETON EX2 LACHMAN EX3 VINES

Date: 23

CA2 FISH CA5 CHRISTIE CA7 VINES

EX1 LEGALL EX2 ABELL EX3 SMITH

Date: 27

TO3 RIGER

TO4 SNYDMAN

TO5 CHRISTIE

Date: 28

TO2 YORK

TO3 VINES (PM ONLY)

TO4 DICKSON

TO5 LACHMAN

EX1 PENDLETON EX3 COHEN

Noteworthy Bills in the 445th Legislative Session

The Maryland General Assembly (MGA) has convened for its 445th legislative session. With a new governor, eight new senators, 33 new members in the House of Delegates, and some changes to committee leadership, the MGA is off to a somewhat slow start as everyone attempts to get their feet under them.

At the time of publication of this article, 503 Senate bills and 622 House bills have been introduced. Yes, 1105 bills is considered a slow start, as many expect that number to easily double in the next couple of weeks. This article will highlight some of the more noteworthy bills thus far.

Senate Bill 1: Gun Safety Act of 2023

This bill would prohibit a person from knowingly wearing, carrying, or transporting a firearm onto the real property of another unless the other has given certain permission to the person or the public generally. The bill also prohibits a person from knowingly wearing, carrying, or transporting a firearm within 100 feet of a place of public accommodation.

House Bill 1: The Child Victims Act of 2023

This bill establishes that an action for damages arising out of an alleged incident or incidents of “sexual abuse,” as defined under the bill, that occurred while the victim was a minor may be filed at any time. The bill must be construed to apply retroactively to revive any action that was barred by the statutory period of limitations applicable before October 1, 2021, if the action is filed before October 1, 2023. The bill also repeals provisions from Chapters 12 and 656 of 2017 establishing that the statute of repose in existing statute must be construed to apply both prospectively and retroactively to provide repose to defendants regarding actions that were barred by the application of the period of limitations applicable before October 1, 2017. The bill’s provisions are severable.

Senate Bill 185/House Bill 3: Maryland State Police Gun Center – Firearms Surrendered Under Final Protective Orders

This bill expands the purpose of the Maryland State Police Gun Center to include the tracking, screening, and vetting of all firearms surrendered under final protective orders in the State. The bill requires (1) the center to create and maintain a statewide database to track information on firearms surrendered under final protective orders in the State and (2) each law enforcement agency to report to the center specified information on firearms surrendered

under final protective orders issued in the jurisdiction of the law enforcement agency.

Senate Bill 36/House Bill 14: Family LawGrounds for Divorce

This bill repeals the authority of the court to grant a limited divorce and alters numerous grounds for an absolute divorce.

House Bill 127: District Court - Small ClaimsEnforcement of Money Judgments

This bill prohibits the district court, in a small claims action, from (1) ordering the appearance of an individual for an examination in aid of enforcement of a money judgment or (2) ordering an individual to answer interrogatories in aid of execution of a money judgment.

Senate Bill 253/House Bill: Estates and Trusts - Registers of Wills - Electronic Filing and

Signatures

This bill requires a register of wills to accept any document, except an original will, that is filed electronically through a system established by the register and in accordance with the Maryland Rules; however, the bill does not prohibit the filing of a document in paper form with a register. The bill also prohibits a register from refusing to accept any document based on the manner in which it was signed. For the purposes of the bill, “sign” means, with present intent to authenticate or adopt a record, to (1) execute or adopt a tangible symbol or (2) attach to or logically associate with the record an electronic symbol, sound, or process.

House Bill 336: Courts - Expert Witnesses - Letter of Exception – Criminal Cases

This bill prohibits a court from requiring an individual to receive a letter of exception from the Secretary of Health to testify as an expert witness in a criminal proceeding if the individual is (1) reviewing the data, opinion, interpretation, or conclusion of another expert witness or forensic laboratory and (2) not handling physical evidence.

Senate Bill 236/House Bill: Evidence – Witness Credibility – Forgery Conviction

This bill would admit a forgery conviction, like a perjury conviction, as evidence for the purpose of attacking the credibility of the witness, regardless of the date of the conviction, if the evidence is elicited from the witness or

Position: Senior Advisor to the Chief Justice of the Supreme Court of Maryland

http://www.mdcourts.gov/careers Job ID: 9231

Closing Date: February 7, 2023

Office: Multiple Location: Robert C. Murphy Courts of Appeal Building

361 Rowe Boulevard, Annapolis, MD 21401 Circuit Court for Howard County Courthouse

9250 Judicial Way, Ellicott City, MD 21042

Salary: $110,264*

*Note for Current State Judiciary Employees Only: A salary offer for a current state Judiciary employee will be determined using the “Salary Practices for State Judiciary Employees”, found at https://www.mdcourts.gov/hr/salranges

FLSA Status: Exempt Position Type: Regular / Full-time At-Will: Yes

Financial Disclosure: Yes

Purpose of the Position: The Senior Advisor to the Chief Justice serves at the pleasure of, and reports directly to, the Chief Justice of the Supreme Court of Maryland. The position provides strategic support to the Chief Justice by overseeing the operations of the Chief Justice’s chambers on case matters, including supervision of law clerks. The position is responsible for performing a variety of legal and administrative duties for, or on behalf of, the Chief Justice; providing advice on a myriad of judicial issues; and working collaboratively with direct reports to the Chief Justice to support the mission and vision of the Maryland Judiciary. This position maintains a high level of confidentiality and exhibits a high degree of professionalism, while balancing the interactions with internal stakeholders and the public.

• Legal Support: Provide legal support to the Chief Justice by assisting in the preparation for oral arguments and supervising preparation of bench memoranda; drafting opinions; researching relevant case law, statutes, regulations, and ordinances.

• Supervision: Manage the daily operations of the Chief Justice’s chambers on case matters, including supervision of term law clerks. Review and sign leave requests and time sheets for all direct reports to the Chief Justice, in accordance with applicable Judiciary policies.

• Strategic Planning: Work closely with the Chief Justice to advise on matters that come before the Chief Justice. Coordinate the Chief Justice’s appointments to administrative positions, committees, commissions, task forces, etc. Draft Administrative Orders, conduct research, review reports, prepare speeches and remarks, agendas, etc. as needed. Ensure that the Chief Justice is prepared for meetings, conferences, and events. Attend meetings with or on behalf of the Chief Justice.

• Project Management and Organization: Act as a liaison between the Chief Justice and senior leadership to include, but not be limited to, chief judges and administrative judges. Review communications, inquiries, and other matters received by the Chief Justice’s chambers to determine which matters will be referred to the Chief Justice and which will be assigned to other Judiciary staff. Work collaboratively with Chief Justice’s direct reports, including the State Court Administrator and Clerk of Supreme Court of Maryland, to ensure the timely flow of information necessary for effective and efficient Judiciary operations. Collaborate with the judicial assistant to the Chief Justice to ensure the appropriate management of the Chief Justice’s calendar.

Education: Juris Doctorate.

Experience: Five (5) years of legal, administrative, or operations experience within a judicial or legal environment.

Preferred: Prior clerking and supervisory experience

Note:

• Membership in good standing with the Bar of Maryland, required.

• All applicants must complete the online application process to be considered for this vacancy. After completing the online application, please send the following requested documents via email to crystal.young@mdcourts.gov .

o Cover Letter o Curriculum Vitae (CV)

Knowledge, Skills, Abilities:

o Two Writing Samples

• Knowledge of a broad spectrum of substantive and procedural legal principles.

• Knowledge of the Maryland Judiciary, including applicable laws, rules, policies, and procedures.

• Exceptional research, writing, and analytical skills.

• Skill in analytical, interpersonal, and organizational functions.

• Skill in complex, professional oral and written communication.

• Ability to handle a high level of responsibility with minimal supervision.

• Ability to exercise discretion and sound judgment, often involving complex and highly sensitive issues.

• Ability to manage large amounts of detailed information with accuracy and skill.

• Ability to work collaboratively with Judiciary administrators and staff toward shared goals and objectives.

• Ability to assign, coordinate, and evaluate the work of staff.

• Ability to be flexible and adaptable to rapidly changing circumstances, and to allocate staff and resources to meet such challenges.

• Ability to travel to various locations throughout Maryland for meetings, conferences, etc.

• Ability to set priorities and simultaneously perform multiple duties and responsibilities.

• General facility and comfort with technology and electronic devices.

The Maryland Judiciary is a drug-free workplace and an equal opportunity employer, committed to diversity in the workplace. We do not discriminate on the basis of race, color, religion, age, sex, marital status, national origin, physical or mental disability, familial status, genetic information, gender identity or expression, sexual orientation, or any other characteristic protected by State or federal law. Applicants who need an ADA Accommodation for an interview should request the accommodation when notified of a request to be interviewed. Applicants must be United States citizens or eligible to work in the United States.

established by public record during examination of the witness.

SB 47: Evidence – Wiretapping and Electronic Surveillance – Fair Housing Testing

This bill establishes that it is lawful for a person to intercept a wire, oral, or electronic communication if (1) the person is working as a fair housing tester for a fair housing testing program operated by the federal government, the State, a local government, or a nonprofit civil rights organization; (2) the person is a party to the communication; and (3) the interception is being made for the purpose of obtaining evidence of a fair housing violation under federal, State, or local law.

Senate Bill 146: Maryland Real Property Transfer-on-Death (TOD) Act

This bill establishes the Maryland Real Property Transferon-Death (TOD) Act in State law. The bill includes provisions relating to (1) the elements, recordation, and effects of a TOD deed; (2) revocation of a TOD deed; (3) the effect of a transferor’s death; (4) forms and informational documents for TOD deeds; (5) a State Department of Assessments and Taxation (SDAT) registry of TOD deeds; (6) exemption of TOD deeds from recordation and transfer taxes; and (7) interpretation and enforcement of the bill. The bill applies to any TOD deed made before, on, or after the bill’s October 1, 2023 effective date by a transferor who dies on or after the bill’s effective date.

Senate Bill 342: Baltimore County - Circuit Court Judgeships

Increasing the number of resident judges of the Circuit Court for Baltimore County from 20 to 21.

Senate Bill 43: Courts - Remote Public Access

This bill requires each appellate court, circuit court, and district court in the State to provide remote audio-visual public access for all public court proceedings, unless a proceeding is deemed closed, confidential, or restricted by federal or State law. The bill authorizes a presiding judge to prohibit the broadcast of any portion of a proceeding on the request of any party, witness, or counsel involved in the proceeding, unless there is an overriding public interest compelling disclosure.

House Bill 154: Workgroup to Study the Impact of Court-Mandated Fines and Fees

This bill establishes the Workgroup to Study the Impact of Court‐Mandated Fines and Fees, staffed by the Administrative Office of the Courts (AOC). The workgroup must (1) study the impact of court‐mandated fines and fees on low‐income residents and the revenue structure that relies on court‐mandated fines and fees;

(2) develop a plan and legislative recommendations for eliminating or reducing court‐mandated fines and fees;

(3) collect specified data about court‐mandated fines and fees; and (4) create a comprehensive database of court‐mandated fines and fees.

House Bill 76: Custodial Interrogation of Minors - Admissibility of Statements

This bill establishes a rebuttable presumption that a statement made by a minor during a custodial interrogation is involuntary and is inadmissible in a juvenile or criminal proceeding against the minor if the law enforcement officer intentionally used information known by the officer to be false in order to elicit the statement. The presumption may be rebutted by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the officer to elicit the statement.

Senate Bill 93/House Bill 96: Juvenile CourtJurisdiction (Youth Equity & Safety Act)

This bill expands the jurisdiction of the juvenile court to establish original jurisdiction over (1) children age 14 and older who are alleged to have done an act which, if committed by an adult, would be a crime punishable by life imprisonment; (2) children age 16 and older who are alleged to have committed specified crimes; and (3) children who have previously been convicted as an adult of a felony and are subsequently alleged to have committed an act that would be a felony if committed by an adult. The bill repeals existing statutory provisions that (1) govern the potential transfer of such children from criminal court to the juvenile court (“reverse waiver”) under specified circumstances and (2) designate the acts currently excluded from the juvenile court’s jurisdiction as “reportable offenses” in the Criminal Procedure and Education Articles.

– Tommy Tompsett, Esq.

BCBA Events

The 101st Annual Black Tie Banquet

The 2023 Baltimore County Bar Association Black Tie Banquet, better known as Prom, was a smashing success. Over 400 BCBA members dressed in their finest descended upon Martin’s Valley Mansion for a night of eating, drinking, mingling, and an all-around good time. This year’s Prom looked a little different from previous years, as we tried out a new format to allow for maximum socializing. Instead of a seated dinner and formal program, the ballroom was filled with open seating, abundant hors d’oeuvres, and a smorgasbord of dinner options. Everything from a raw bar to fried shrimp, blintzes to noodle kugel, prime rib to kosher hot dogs. For those with a sweet tooth, the dessert options were plentiful and delicious. A fun time was had by all, and the countdown has already begun until Prom 2024. Look for more photos in next month’s issue. All photos by Kimberly Dean Photos - www.kimberlydeanphotos.com

BCBA Events

Diversity in Governance: A Look at Our State’s Top Leaders

As we celebrate another Black History Month, we would be remiss to not highlight our state’s commitment to diversifying its leadership throughout all levels of the state’s government. What a privilege and honor to experience, for the first time in our state’s history, a leadership team that truly reflects the diversity of our state’s citizens and elevates what makes Maryland special. Our 63rd Governor and 47th Attorney General are both people of color who have broken barriers to be the first but hopefully not the last!

Governor Wes Moore

Wes Moore has held many titles, including combat veteran, bestselling author, small business owner, Rhodes Scholar and former CEO of one of the nation’s largest anti-poverty organizations. He now holds the title of Maryland’s 63rd Governor, the 1st African American to hold this position and only one of three African American Governors in the country. Governor Moore has devoted his life’s work to a basic principle: no matter your start in life, you deserve an equal opportunity to succeed – a job you can raise a family on, a future you can look forward to.

Governor Moore was born in Montgomery County, Maryland, graduated with an associate degree from Valley Forge Military College in 1998 and then a bachelor’s degree with Phi Beta Kappa honors from Johns Hopkins University in 2001. While a student at Hopkins, he interned for former Baltimore Mayor Kurt Schmoke and then traveled “across the pond” to Oxford University, where he studied as a Rhodes Scholar and earned a Master’s degree. He was the first African American student from Johns Hopkins to win the prestigious award. Inspired by his mentors at military school, Governor Moore served as a captain and paratrooper with the U.S. Army’s 82nd Airborne, including leading soldiers in combat in Afghanistan. He also served as a White House Fellow, advising on issues of national security and international relations.

Governor Moore wrote “The Other Wes Moore,” a story about the fragile nature of opportunity in America, which became a perennial New York Times bestseller. He is the author of other best-selling books that reflect on issues of race, equity and opportunity, including his latest book,“Five Days,” which details an up-close look at Baltimore in the days that followed the death of Freddie Gray in 2015.

It was Gov. Moore’s commitment to taking on our toughest challenges that brought him to the Robin Hood Foundation, where he served for four years as CEO. During his tenure, the Robin Hood foundation distributed over $600 million toward lifting families out of poverty, including here in Maryland. Earlier in his career, he built and launched a Baltimore-based business called BridgeEdU, which reinvents freshman year of college for underserved students to increase their likelihood of longterm success. BridgeEdU was acquired by the Brooklynbased student financial success platform, Edquity, in 2018. He has also worked in finance with Deutsche Bank in London and with Citigroup in New York.

Of the many titles he has held over the years, there are two that he’s most proud of: husband and father of two children.

Attorney General Anthony Brown

Attorney General Anthony Brown has been a leading voice on equity and justice matters and has held various positions within the state and federal government. Ever a public servant, Attorney General Brown advocated for repeal of the death penalty while serving as Maryland’s Lieutenant Governor, as well as the decriminalization of marijuana and the expansion of record expungements. After the tragic murders at Sandy Hook Elementary

Governor Wes Moore

School, he worked with Governor Martin O’Malley to adopt stringent background checks and training requirements for gun sales, as well as to ban large-capacity magazines and certain types of assault rifles. In Congress, Attorney General Brown championed common-sense gun safety laws, like universal background checks, a ban on bump stocks, raising the age to purchase assault rifles, and “red flag laws.” Attorney General Brown worked with the General Assembly and in Congress to expand protections for victims of domestic violence, abused and neglected children, and veterans whose mental and behavioral health needs were not being met. Attorney General Brown has worked to improve the efficiency of our courts and fairness in sentencing. In Annapolis and on Capitol Hill, Attorney General Brown fought tirelessly to improve safety, transparency, and accountability in policing, and to reform both our criminal and military justice systems. Attorney General Brown supported measures in Congress to expand access to the ballot, protect the health of the Chesapeake Bay, and defend the rights of the LGBTQIA community, and was a lead sponsor of the George Floyd Justice in Policing Reform Act and the John Lewis Voting Rights Advancement Act. He represented Maryland’s 4th Congressional District in the House of Representatives. He served as Lieutenant Governor from 2007-2015, and in the General Assembly as Vice Chairman of the Judiciary Committee and Majority Whip of the House of Delegates from 19992007. He also served on the Ethics Committees, both while a member of the House of Delegates and in the House of Representatives.

Mr. Brown received his bachelor’s degree from Harvard College and his law degree from Harvard Law School. He has been a member of the Maryland bar since 1994. After a judicial clerkship with the United States Court of Appeals for the Armed Forces, Attorney General Brown was an associate attorney in the litigation, securities enforcement, and investment management groups at WilmerHale (formerly Wilmer Cutler & Pickering). In private practice, he consistently defended the most vulnerable; he represented victims of sexual harassment in the workplace, as well as children in need of assistance and indigent clients who were unable to afford a lawyer. Attorney General Brown has litigated against big tobacco and small businesses whose innovative technology was stolen by large corporations. While a member of the

House of Delegates, Mr. Brown also practiced land use and zoning law with the firm Gibbs and Haller. A retired Colonel in the Army Reserve, Attorney General Brown served three decades as an aviator and Judge Advocate General. He graduated first in his flight class and received both Airborne and Air Assault qualifications. Attorney General Brown was awarded the Legion of Merit for his distinguished military service and earned the Bronze Star while deployed to Iraq in 2004-2005. Attorney General Brown completed his military service commanding the 153rd Legal Support Organization. In addition to his public service as an elected official, Attorney General Brown has served as board chair of the Prince George’s County Community College and as a member of the board of the Community Legal Services of Prince George’s County and the nonprofit Adoptions Together. He is a member of the American Bar Association, the National Bar Association, the Maryland State Bar Association, the Prince George’s County Bar Association, and the J. Franklyn Bourne Bar Association.

Last but certainly not least, Attorney General Brown is a proud father of two children, whom he shares with his ex-wife, and one step-son whom he shares with his wife Karmen.

– Snehal Massey, Esq.

Attorney General Anthony Brown

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

BCBA Spotlight

Change of Venue

The Law Firm of Bodie, Dolina, Hobbs, Friddell, & Grenzer, P.C. is pleased to announce that Angela J. Silverstein, Esquire is now a partner with the firm. Since joining the firm in March, 2014 Angela has focused her practice in family law to include divorce, custody, child support and guardianship matters. Angela has been a valuable member of this firm for the past nine years and we look forward to her continued contributions as a partner.

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.

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.

Bench Bar Committee: January 2023

The first Bench/Bar Committee meeting of 2023 was held on January 12, 2023. Overall, the message is “all systems go!” The Honorable Ruth Jakubowski, reporting for the Circuit Court, indicated that jury trials are progressing apace, and the numbers are good. There is no longer a backlog for criminal or civil cases. Family law is still seeing some cases placed on standby and the court is working on solutions, including working with the magistrates to settle cases day of, if there is no judge available to hear the case. Jury selection will continue to take place at the American Legion while the old 911 Center in the Circuit Court gets retrofitted into the new and improved jury selection area. The estimated time for completion is September, 2023. Folks are busy selecting furniture, rugs, and the like. The Court has a full complement of judges but during this legislative session will be asking the legislature for another judge and a magistrate. Scott Schellenberger indicated he has lost attorneys, but has hired seven new attorneys who will all start in District Court. Both he and Jim Dills of the Public Defender’s Office confirm that they are busy! There is no current plan to allow jail visits on weekends. They are working on home detention.

The building is having its usual issues, with a recent frozen pipe in the clerk’s office. It is being cleaned up. Speaking of the clerks, Julie Ensor reported they have replaced 43 employees and have several vacancies right now. In the District Court, cases are moving as well, and they are almost caught up on criminal and traffic cases. Much to the delight of the state’s attorneys and criminal defense attorneys, beginning in April or May there will be fewer cases set each day on those criminal dockets. Other than in the payable and video camera tickets, the court is eliminating the 11am docket, and will revert to 9am and 1pm dockets. The pilot project for landlords filing in bulk is still moving forward and seems to be working well. With COVID and other funding running out, there will likely be more evictions. Criminal dockets will remain staggered for now at 9am, 10am and 11am. Afternoons will be reserved for motions.

The Orphan’s Court has completed their renovations. They are still allowing remote hearings but mostly for nonevidentiary hearings. Over at the Office of Administrative hearings, they have five new administrative law judges. President Turnbull reported for the Bar Association that the focus was primarily on the Annual Banquet (“The Prom”) on January 26, with a new format. He urged all lawyers to attend! I am sure many did, by the time this goes to press. There are many other spring events planned. You can check the website for dates and details. The Family Law Section has two trainings planned, one on QDROs on January 13, and one TBD in conjunction with the Estates and Trusts Section on January 30. The Young Lawyers Section has a January 31 planning meeting about their May Field Day, and welcomes ideas and suggestions on how to make it a fun day.

Tyler Nowicki, our intrepid Harford County liaison indicated that the jurisdiction is also not allowing weekend jail visits, nor home detention at this time. They are still experiencing a backlog.

Snehal Massey reported for the DEI committee that they have received a lower number of applicants to the Summer Scholars program and she encouraged people to get the word out.

– The Honorable Karen Pilarski

Diversity, Equity, & Inclusion Committee: Language Diversity in Baltimore County

Diversity can take many forms. Language diversity is one. Baltimore County is an increasingly diverse and multilingual community. This reflects the world in which we live. As of the 2020 Census, 12.3% of Baltimore County residents were born outside of the United States. In 2020, Baltimore County’s population was 854,535. So, in 2020 there were more than 100,000 residents of Baltimore County who were born outside of the United States.

There are more than 7,000 spoken languages and innumerable spoken dialects and sign languages that are used around the world. Over 88% of the world’s population speaks 23 of these languages, with the 10 most common being English, Mandarin Chinese, Hindi, Spanish, French, Arabic, Bengali, Russian, Portuguese, and Urdu. Chinese Mandarin has more than a billion speakers, English has 760 million, Hindi has 490 million, Spanish has 400 million, and Arabic has 200 million speakers. There are abundant varieties of all these languages.

The language diversity of the citizens of this county is reflected in the Maryland Court Interpreter Program, which is part of the Access to Justice department of the Administrative Office of the Courts. According to its public website, the Maryland Court Interpreter Program offers certification exams in Arabic, Bosnian/Croatian/ Serbian, Cantonese, French, Haitian Creole, Korean, Mandarin, Polish, Portuguese, Russian, Spanish, Turkish and Vietnamese. The Program is also actively recruiting certified interpreters in Bengali, Czechoslovakian, Dari, Farsi, German, Greek, Gujarati, Hakka-Chin, Hindi, Hungarian, Igbo, Indonesian, Kinyarwanda, Latvian, Lithuanian, Pashtu, Singhalese, Telugu, Tibetan, Turkish, Vietnamese, and Yoruba.

For fiscal year 2022, in the Circuit Court for Baltimore County, interpreters were used for the following languages: Amharic, Arabic, American Sign Language (ASL), Burmese, Cantonese, Farsi, French, Georgian, Greek, Gujarati, Haitian Creole, Hindi, Hungarian, Indonesian, Italian, Korean, Lao, Mandarin, Mongolian, Nepali, Pashto, Portuguese, Punjabi, Romanian, Russian, Spanish, Swahili, Tagalog, Thai, Tigrigna, Urdu, Uzbek, Vietnamese, Wolof, and Yoruba. In addition, Communication Access Realtime Translation (CART)

services were also utilized. The most requested interpreter services at the Circuit Court for Baltimore County for that time period, as determined by cost, were Spanish (41%), ASL (11%), Burmese and Russian (each 6%), and Arabic, Cantonese, Mandarin, and Urdu (each 4%). Of the 23 counties and Baltimore City, the Circuit Court for Baltimore County has the fourth greatest number of interpreter assignments, behind only the circuit courts for Prince George’s and Montgomery counties, and Baltimore City.1

There is a rich diversity of language among the citizens in Baltimore County. The Interpreter Program recognizes this diversity and provides citizens with access to the courts and the potential for meaningful participation in the court process. Removing a language barrier is removing a very significant impediment to justice.

– Suzanne K. Farace, Magistrate

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1 This information was kindly provided by the Maryland Court Interpreter Administrator.

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Professionalism Committee: Setting the Record Straight

Who among Seinfeld fanatics cannot forget the interactions some of the show’s characters had with doctors? There was a time when Elaine peeked at her medical record, only to discover that her physician noted in her file that she was “difficult.” Another time, Elaine brought Jerry’s Uncle Leo in for a medical appointment after an unfortunate incident where he singed his eyebrows, and Elaine drew replacement eyebrows on Leo with an eyebrow pencil. The doctor looked at the weirdly-shaped fake eyebrows and stated, “I don’t like your demeanor, Leo.”

Many people have regular interactions with their doctors. As we age, we have a knack for adding doctors to our team of medical providers. These care providers take notes and make findings that become part of our “permanent record,” like the kind they used to tell us about in school. I began to think much more about medical records while hearing cases where litigants submitted information from those records for various purposes. During those hearings, it was not unusual for a litigant to respond to a snippet from his records and disagree with certain information, saying something like, “That’s not correct. I never told the doctor that.” More often than not, the allegedly incorrect information was only tangentially relevant to the issue in the case and did not become a significant point of contention. It was seldom that the person who made the entries was a witness at the hearing. Even if the medical provider is present at the hearing and the alleged error is relevant to the case, resolving the disputed information is not always easy. It’s the patient’s word against the person who made the entries. After all, the medical provider has been trained to gather information during exams and should be skilled in taking notes that accurately reflect what the patient has told her. The information about you in the provider’s record is always correct, right? More about that in a moment.

In the age of 21st-century medicine, we, as patients, have access to a myriad of information that physicians and medical care providers have entered into “the system.” Much of the information entered comes from patient questionnaires, physical exams, test results, and what we tell the providers when they interview us. Unlike before computers and portals by which we may access our patient information, we can view much of the information in their records (hopefully without sneaking a peek at our file, like in the above example from Seinfeld).

It behooves a person to review their online record for accuracy routinely. Not only is correct information relevant and vital for your medical care, but it can have ramifications related to insurance coverage, eligibility for certain benefits, and in litigation situations, just to name a few.

During the last several years, I have discovered a few errors in my online medical records. The first time I encountered something amiss was after an examination by a doctor to whom my friend, a semi-retired physician in the same area of practice, referred me. The in-person medical visit occurred during the height of COVID, at the specialist’s office at a local world-renowned hospital. When I accessed the doctor’s entries later via the patient portal, I noticed a form reporting the results of a physical exam. The only problem is that there was no physical exam. I even consulted my physician-friend, who had been kind enough to accompany me to the appointment. The examining physician never got closer to me than a three-to-four foot distance. I understand that, especially during the peak of the pandemic, a number of handson exams were curtailed, and in some cases, not done. The filled-in form available online showed results from the phantom physical exam. Another appointment with the same physician resulted in the physician misstating information I gave her about my parents’ medical history. About two years ago, while reviewing a physician assistant’s notes from a pre-exam interview, I discovered an error in the family and social history section. The notes indicated, in the alcohol category, “Whiskey. Two drinks consumed occasionally. Last alcoholic drink was last week.” I knew they had the wrong person. I have averaged less than one drink per decade in my life. My reputation is well-known among close friends and family members. They had a good laugh when I shared the error with them.

I suspect that these kinds of mistakes and even more consequential errors occur more often than most people think. The accuracy of medical records is critical for many reasons. I would encourage you to counsel friends, family, and clients to take the time to examine the information available via their medical provider’s portal and other sources. As I sought to correct the errors discussed here, I chose communication and diplomacy rather than confrontation and castigation. In dealing with the two providers I referenced, they confirmed my theory that two of the three errors noted above resulted from not clearing

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a screen containing information from another patient. The uncleared information became part of my record. The medical care provider gladly agreed to correct my online record. With respect to the other error, the medical care provider acknowledged incorrectly transcribing family history information I orally communicated to her. Errors in your medical record and even during medical procedures can be more serious than amusing stories with no consequences. A former colleague of mine, being aware of some highly publicized medical errors, prepped for knee surgery many years ago by marking “this one” and an arrow on his ailing knee with a black marker to remind the surgeon which knee should be the subject of the pending procedure. The physician was not amused.

More importantly, however, the ailing knee was the one that received the proper attention in the operating room. Attorneys are not usually shy about correcting errors detected in documents. On the other hand, the public at large may not be as aware as they should be of the contents of their medical records and what, if any, incorrect information lingers there. I recommend encouraging the public to discover what is in their medical records and to self-advocate, as necessary. We should invite others to approach those issues, some minor and others not so minor, by using tact and discretion with their medical care providers.

– Hon. Louis N. Hurwitz (Ret.)

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Family Law Committee: Qualified Domestic Relations Orders (QRDOs) 101

The Family Law Committee hosted a Zoom lunch and learn event on January 13, 2023, on the topic of Qualified Domestic Relations Orders (“QDROs”). Over the course of an hour, all in attendance were captivated by a presentation from Eric Haviland, Esquire. Eric’s practice has evolved from a broad focus on the field of family law to a more narrow focus on QDROs.

For those unfamiliar with family law and QDROs, divorcing spouses routinely have retirement assets (i.e., IRAs, 401(k) accounts, pensions) subject to division. Ideally, parties enter into agreements on terms of division. If the parties are unable to agree, after a trial, a judge will rule on which spouse is to receive what amount from the other spouse’s retirement asset. The link between an agreement/ruling and actual implementation is often a QDRO. A QDRO is a multi-page order that addresses a single retirement asset. Multiple retirement assets would require multiple QDROs. With a QDRO, the administrator of a retirement plan has detailed instructions on how much money to remove from a specified account, where to direct the funds, and language on regulatory matters, such as taxes.

The highlight of Eric’s presentation was an alert on evolving procedures and nuances of QDROs and how individual plan administrators frequently change policies. Eric’s daily interactions with the various plan administrators makes him more informed than the practitioner tasked with addressing all aspects of a divorce. For example, T. Rowe Price is increasingly unwilling to apply language requiring calculation of market gain/losses to a fixed sum from a date certain through to date of transfer. T. Rowe is not alone. We learned that Fidelity Investments will charge an $1,800 internal processing fee unless an inhouse form is utilized. The federal government is taking upwards of eight months to apply the federal version of QDROs known as COAPs. All of the trends are pointing towards plan administrators having delayed processing with increasing fees that impact clients. The following is practical advice and not a sales pitch. (Full disclosure: I’ve never met Eric. Prior to seeing him on Zoom, I had 50/50 odds on successfully picking him out of a crowd of two.) Usually, Eric charges a flat fee for the preparation and completion of the QDRO process. Eric will gladly return calls and e-mails seeking input on language suggestions and offer timeframe expectations on QDRO processing time. There is no need to wait

until after a divorce to contact him. Hiring Eric before completing a Marital Settlement Agreement or before a merits trial will benefit both parties. Here is the link to the zoom recording: youtu.be/znjdVaEAMEk. Please watch it. The hour spent will save hours of avoidable headaches and frustrations.

– Dan Farlow, Esq.

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