The Advocate - January 2023

Newsletter of the Baltimore County Bar Association

Happy New Year. It’s been a challenging last couple of years for most of us – personally, socially, and professionally. But we seem to have made it, albeit with a few bumps and bruises, perhaps. We are never guaranteed that the road to the future and a happy destination will be perfectly paved. We must continue to adapt to our terrain and make small adjustments, even when (and perhaps especially when) we think we are headed in the right direction.

I state with absolute certainty that the outlook for the Baltimore County Bar Association going into 2023 is extremely promising. I must thank my predecessors, Jay Miller and Stan Gann, for their judgment and guidance in keeping us on the road and headed in the right direction. The Executive Council, our Committee Chairs and Vice Chairs, and particularly Rachel Ruocco deserve our gratitude for keeping the machine running. The effort behind the scenes, often uncredited, is immense.

I’d like to start 2023 by unwrapping a mystery for many members, old and new. Just exactly what is the Baltimore County Bar Foundation? What does it do, and why do we need it? The Baltimore County Bar Foundation is a fundraising arm of the BCBA but is a separately incorporated 501(c)(3) entity. The objectives of the Foundation are to foster and maintain the honor and integrity of the profession of the law; to improve and to facilitate the administration of justice; to enhance and improve the image of lawyers; and to promote the study of the law. In furtherance of those objectives, the Foundation provides financial support for non-profit

programs and organizations that significantly relate to the Baltimore area community.

The Foundation, made up of past presidents and three atlarge members, meets three times a year and reviews grant applications. The Foundation’s most obvious presence in our community can be seen throughout the courthouse in the form of judge’s portraits. The Foundation is typically the sole source of funds for the portraits, which are a fitting tribute to our retired judges. Harry Chase has almost single-handedly raised the funds for several of the most recent portraits. Other recent worthy causes have included:

• Community Assistance Network

• Community College of Baltimore CountyCivics & Law Academy

• Conflict Resolution Center of Baltimore County

• Lawyers Assistance Program

• MD Disability Law Center

• MYLAW (“Maryland Youth and the Law”) & Law Links

• MSBA Leadership Academy

• National Adoption Day

• St. Ambrose Housing Aid Center

• TurnAround, Inc.

So when you are renewing your Bar Membership, please remember to include the Bar Foundation donation – it is an extremely important arm of the BCBA.

As immediate past president Stanford G. Gann, Jr., Esq. so elegantly put it, “While its most visible efforts are reflected in the Judicial portraits that adorn the walls of the Historical Courtroom in the Old Courthouse and various courtrooms in the County Courts Building, the Baltimore County Bar Association Bar Foundation considers and approves monetary grants several times each year to deserving projects to benefit the community. The small, individual, voluntary contributions from member of the BCBA provide the necessary resources for the Bar Foundation to continue its mission.”

Finally, don’t forget to get your tuxedos and dresses ready for the Prom. We cannot wait to see you on January 26th.

Happy New Year,

- 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

The Advocate

Tommy Tompsett Committee Chair

Tracee Orlove Fruman Committee Vice-Chair

Jill Blum Graphic Designer

Contributing Writers

Jon Cardin Carl Gold Louis N. Hurwitz Richard Karceski Ari Kodeck Donna Mandl Peter T. McDowell Wendy Meadows Karen Pilarski Stuart Schadt Kerry E. Simm Valerie E. Taylor

BCBA Events

Inside This Edition

Holiday Party Recap ......................................................... 14

Investiture of the Honorable Michael S. Barranco ........... 10 Memorial Service 17

Portrait Unveiling of Judge Joseph F. Murphy, Jr. ............... 9

BCBA Spotlight

Member Spotlight: Mary Roby Sanders ........................... 23

Change of Venue 27

Committee Reports

Bench/Bar Committee 28 Criminal Law Committee ................................................. 32 Family Law Committee 39 Legal Associate Committee ............................................... 31 Professionalism Committee 35

Young Lawyers Committee ............................................... 36 Court Notices & Calendars 4

The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.

The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Publication deadline: 20th of the month preceding publication.

Lawyer Assistance Program .................................................... 6

Legislator’s Perspective 24

Member Reports ................................................................... 26

The President’s Message 2

Wellness with Wendy ............................................................. 40

January District Court State’s Attorney’s Schedule

MONDAY TUESDAY WEDNESDAY THURSDAY

Date: 3

HOLIDAY

Date: 9

TO3 COHEN TO4 LACHMAN TO5 SMITH

TO2 PENDELTON / VINES AS BACK-UP TO3 ABELL (PM ONLY) TO4 LEGALL TO5 FISH

EX1 DICKSON EX3 CHRISTIE

Date: 10

TO2 POTTS TO3 DICKSON (PM ONLY) TO4 PENDLETON TO5 DESTEFANO

EX1 RIGER EX3 VINES

Date: 17

TO2 FISH TO3 FULLER (PM ONLY) TO4 VINES TO5 CHRISTIE

EX1 PENDLETON EX3 SMITH

Date: 4

CA2 SMITH CA7 LACHMAN

EX1 COHEN (PM ONLY) EX2 POTTS EX3 DESTEFANO

Date: 11 CA2 FISH CA7 ABELL

EX1 SMITH (PM ONLY) EX2 CHRISTIE EX3 LACHMAN

Date: 18 CA2 COHEN CA7 SNYDMAN

EX1 BORITS (PM ONLY) EX2 YORK EX3 DICKSON

Date: 5

CA2 RIGER CA5 VINES CA7 DICKSON

EX1 ABELL EX2 CHRISTIE EX3 FISH

Date: 12

CA2 DESTEFANO CA5 POTTS CA7 VINES

EX1 COHEN EX2 DICKSON EX3 RIGER

Date: 19

CA2 RIGER CA5 PENDLETON CA7 CHRISTIE

EX1 SMITH EX2 FISH EX3 VINES

Date: 23

TO3 RIGER TO4 DICKSON TO5 PENDLETON

Date: 30

TO3 LEGALL TO4 SNYDMAN TO5 COHEN

Date: 24

TO2 COHEN TO3 VINES (PM ONLY) TO4 SMITH TO5 ABELL

EX1 FISH EX3 CHRISTIE

Date: 31

TO2 PENDLETON TO3 SMITH (PM ONLY) TO4 LACHMAN TO5 YORK

EX1 ABELL EX3 RIGER

Date: 25

CA2 RIGER CA7 LEGALL

EX1 PENDLETON (PM ONLY) EX2 DICKSON EX3 SNYDMAN

Date: 26

CA2 ABELL CA5 CHRISTIE CA7 LACHMAN

EX1 COHEN EX2 SMITH EX3 YORK

CIRCUIT COURT FOR BALTIMORE COUNTY THIRD JUDICIAL CIRCUIT

Wendy S. Epstein

County Courts Building JUDGE Towson, Maryland 21204 410-887-3650

MEMO

TO: Baltimore County Bar Association

From: The Honorable Wendy S. Epstein

Subject: Family Law Division Assignment

Date: December 15, 2022

The following Judges will be in the Family Law rotation beginning January 1, 2023 through June 30, 2023:

Judge Judith C. Ensor

Judge Paul J. Hanley

Judge Julie L. Glass

Judge Andrew M. Battista

Judge John J. Nagle, III

Judge Garret P. Glennon

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Portrait Unveiling of The Honorable Joseph F. Murphy, Jr.

On November 29, 2022, the Baltimore County Bar Association held a memorial/portrait unveiling for the Honorable Joseph F. Murphy, Jr., affectionately known as just plain Joe, a man who knew not the definition of the word “pretense.”

Judge Murphy, born and raised in Fitchburg, Massachusetts, graduated from Boston College, where legend tells us that as the St. Bernard’s High School quarterback, he threw at least one touchdown pass to Milt Morin, who later wore number 89 as the tight end for the Cleveland Browns.

The Murphys, Joe and Joanne, moved to Maryland, where Joe later graduated from the University of Maryland Law School in 1969. That, of course, marked the beginning of a historic legal career culminating in his appointment to the now Supreme Court of Maryland. The memorial/portrait unveiling was well attended by members of the Bench and Bar. Four of Joe’s closest friends, Bill Gately, John Fader, Bob Dugan, and Rich Karceski, delivered remarks which called attention to an ordinary guy who no one ever uttered an untoward word about and who never uttered such against anyone else. Joe was in hospice for many weeks. He had a constant queue of visitors and despite his terminal illness, taught us all how to die with dignity. Truly a man for all seasons.

– Richard Karceski, Esq.

BCBA Events

The Investiture of the Honorable Michael S. Barranco

Baltimore County’s newest circuit court judge is no stranger to our legal community. The Honorable Michael Salvatore Barranco is a lifelong resident of Baltimore County and an almost-three-decade member of the Baltimore County Bar Association. Judge Barranco’s father, Dr. Frank Barranco, was a prominent surgeon, and ultimately, became the chief medical officer for the Baltimore City Fire and Police Departments. He treated many of our current sheriffs in their earlier careers as city officers. Judge Barranco’s mom, Beverly, managed a household full of kids: Debbie, Frank, Jr., Tom, Sue, Mary, and of course, Mike. Judge Barranco has been married to his wife, Kim, for 29 years. Kim started her career in the Baltimore County Public Defender’s Office from 1991 to 2001. She now serves as the Associate Administrator, Criminal Division for the Circuit Court for Baltimore City. Before that, she served as Executive Director of the Baltimore City Criminal Justice Coordinating Council and as Director of Continuing Education for MICPEL. We miss seeing her in the courthouse, so hopefully now she will have more reason to visit. Judge Barranco’s two daughters, Paget and Peyton, are both launched. Peyton, a Goucher College graduate, currently works in admissions at her alma mater, and Paget is in her last year of law school at Judge Barranco’s alma mater, Duke University. She will start in the D. C. office of Hogan Lovells next fall.

Judge Barranco graduated with honors from the University of Maryland School of Law in 1985. He received the John S. Strahorn., Jr. Memorial Prize and the American Jurisprudence award in Evidence. Judge Barranco is a member of the Maryland, D. C., and Virginia bars. He has extensive trial experience, primarily in a broad range of civil litigation. While attending law school he clerked for Nolan, Plumhoff and Williams and Niles, Barton, and Wilmer, where he began his legal career as an associate. He then worked for Piper and Marbury (now known as DLA Piper) from 1989 to 1998, when he left to join Treanor Pope & Hughes in Towson, becoming a partner in 2003. In 2018, he joined the Law Offices of Frank F. Dailey, P. A., where he stayed until Governor Hogan appointed him to the bench.

Judge Barranco has devoted extensive time to both the Maryland State Bar Association (MSBA) and the Baltimore County Bar Association (BCBA). He served on the MSBA Board of Governors from 2018 to 2020. Earlier this year,

he was selected to serve on the BCBA Executive Board and currently chairs its Professionalism Committee. In the past, he chaired the Advocate Committee. He made sure to provide timely information to the bar concerning court operations during the height of the COVID-19 pandemic. In 2021, he completed every segment of “The Challenge,” which was sponsored by the BCBA Diversity and Inclusion Committee. The Challenge was a 21-week program requiring reading, discussion and exploration of systemic biases and inequalities in the legal system. He was the 2021 recipient of the J. Earle Plumhoff Professionalism Award, the highest honor bestowed by the BCBA. In 2019, he was elected as a Fellow of the Maryland Bar Foundation.

His civic activities are equally as impressive. Judge Barranco can plant a tree (he volunteers with Blue Water Baltimore), conduct an admission interview for your child who wants to attend Duke, mentor your University of Maryland law student, and escort your elderly family member to services at Stella Maris. He can fly a plane, and would like to think that someday he will give Ringo Starr a run for his money on the drums. He can also save your life if you have a sudden cardiac arrest, as he did for Kim in the spring of 2014. He received a Certificate of Recognition from the Baltimore County Office of Fire Chief for being a part of the chain of survival, along with others, by providing lifesaving CPR to Kim. Those who know Kim are thankful for his performance under pressure.

The Honorable Michael S. Barranco

Judge Barranco’s initial investiture was held on September 21, 2022. He expressed his thanks to his family, his many friends and colleagues in the bar association and bench, and to Governor Hogan for providing this opportunity. He cited Judges Barbara Howe, Sally Chester, John Fader, and Joseph Murphy among others as role models. He singled out his long-time assistant Karen Green in appreciation, as well as Frank Daily, “the best boss ever.”

On December 1, 2022, many family and friends, including members of the BCBA, attended Judge Barranco’s formal investiture, where they joined in celebrating his achievement. The Honorable Judge Ruth Jakubowski, Administrative Judge, introduced Rev. Lawrence M. Johnson, M.Div. to give the invocation. She then invited Chief Judge Matthew Fader of the Court of Appeals (and son of our own Judge John Fader) to open the ceremony. He did so to laughter, remarking that Mike Barranco’s elevation to the judiciary was remarkable, considering “the hole he started in as a Dukie.” Judge Fader spoke about the energy, enthusiasm, and moral compass that must continue to underlie a judge’s work on the bench and described the profound privilege of serving the people. He reminded us, in the words of Thurgood Marshall, that we “must never forget that the only real source of power that we as judges can tap is the respect of the people.” Acknowledging that in these difficult times there is no strategic reserve of respect for the judiciary, he referenced Hon. Robert Bell’s comment that the judiciary has neither power of the purse or sword but must rely on the people it serves.

excellence as a lawyer, and Mike’s desire to be a judge for all the right reasons, namely to serve the profession and the public.

The undersigned seconded the motion and presented Judge Barranco with a large handful of a vegetable in the onion family since he was now in the “big leeks.” The bar was also reassured that despite Judge Barranco’s strong affinity for Duke University, the legion of Maryland fans had nothing to worry about as Maryland was no longer in the ACC. Judge Barranco’s devotion to his family was emphasized with the certainty that all who appear before him will be treated the same way- with patience, understanding, and compassion.

Mike’s wife, Kim, batted cleanup and expressed her joy for him and her love for him. She spoke of his persistence, never giving up as he sought to be a judge. She and Mike have known each other for 45 years. She mentioned his love for the music of the Beatles and Jimmy Buffet, sharing that he is a Parrot Head. Quoting one of his mentors, the recently-deceased Hon. Joseph Murphy, she said that her spouse understood that “judges are not important people, rather, judges are people who have important jobs.” She reiterated his devotion to family and friends, especially Paget and Peyton describing how he never missed one of their activities although, “he was sometimes a little late.” He puts the needs of others ahead of his own automatically. She realizes how lucky they both are to have found each other.

Frank Dailey, Mike’s partner for the last four years, made the first motion for investiture. He focused on three attributes that will make Mike a great judge –his commitment and dedication to the profession, his

Hon. Keith R. Truffer responded on behalf of the bench. He welcomed Mike and reiterated the many challenges facing the judiciary – public safety concerns in the criminal arena, seemingly insoluble problems in family law, a myriad of civil disputes, all in public and often with a public of “different levels of restraint.” He expressed confidence that Judge Barranco was up for the task. He,

BCBA Events

too, praised Mike’s dedication to the community and his patience and persistence, especially in the arduous journey to become a judge.

Heather M. Shek, Governor Hogan’s Deputy Legal Counsel read the official commission. She noted that the Governor was impressed by Judge Barranco’s civil experience. From July 2021 to July 2022, there were 146,511 cases filed in the circuit courts. Sixty -nine percent, or 103,572 of them were civil. Ms. Shek said, “being smart is wonderful, but smart is no substitute for experience and character.” The Governor recognized that Judge Barranco has all three.

Jack Turnbull, III, BCBA president, presented the robe, crediting Hon. Thomas Bollinger with teaching him that judicial robes are black because the judiciary is still mourning the death of Queen Mary. Paget and Peyton escorted Judge Barranco to the bench.

Even though the previous speakers stole much of Judge Barranco’s thunder, he gave a moving and heartfelt response thanking the many people who assisted him on this journey. Although we are the ones lucky to have him as a member of the bench, he humbly described himself as lucky to be enveloped by a loving family and friends. The gavel he used to adjourn court was his father’s when he was president of the Timonium Elementary PTA. Jim Doran, a dear friend of Dr. Barranco, saved the gavel

knowing that this day would come. Describing Kim’s lifethreatening medical crisis he said, “In May of 2014, Kim had a sudden cardiac arrest at 2am and had no pulse for over 20 minutes. She was brought back to life by the paramedics but remained in a minimally conscious state for three weeks. Needless to say, it was a scary time for all of us. Only about 7% of persons survive such an event. Even fewer survive without permanent effects including brain injury. Kim is also a survivor of triple negative breast cancer. Believe me, I know just how lucky we are that Kim is perfectly healthy and here today.”

Not unsurprisingly, he neglected to mention his role in performing CPR for 20 minutes until the paramedics

arrived. As to Paget and Peyton, he said, “you are constantly teaching me about parenting, life and love, compassion and justice and perseverance, and I am very proud of you both.”

Judge Barranco praised his new colleagues, describing the bench as one of “the finest trial benches in the state.” He offered thanks to Governor Hogan and the members of both judicial nominating commissions. He singled out Debra Kaminski of the Administrative Office of the Court for all her assistance. He echoed Kim’s remarks about the long and arduous journey to become a judge which simply enhanced his appreciation of the celebration. Finally, he shared two notes he found on his desk in his new chambers on his first day. The first was from the former occupant, Hon. Patrick Stringer: “To our newest judge Mike, I hope you enjoy this job and this chambers as much as I did. Remember to always be patient, courteous and respectful to everyone and you will be great!” The second note was from the love of his life, Kim: “Good luck and I love you.” Kim was inspired when she learned that JoAnn Murphy gave the same note to her husband and he carried it with him for the rest of his life.

Welcome Judge Barranco!

Carl R. Gold, is serving as the Advocate’s investiture “beet reporter” for this issue.

– Carl Gold, Esq.

BCBA Events

Holiday Party Recap

The BCBA held its annual holiday party, Jingle and Mingle, on December 8th at Towson Tavern. Many members and their guests enjoyed heavy hors d’ oeuvres and even heavier drinks. Thanks to Zest, Elite Chiropractic & Sport, and ASAP Home Detention for co-hosting this fabulous event.

Memorial Service

On November 17, 2023, for the first time since the pandemic, the Baltimore County Bar Association held its Annual Memorial and Recognition Ceremony in person in the Ceremonial Courtroom. Music performed by the Soul Strings preceded the Ceremony.

The Honorable Ruth Ann Jakubowski opened the ceremony by welcoming the family members of the recently departed members of our Bar.

The Honorable Krystin J. Richardson offered the invocation. Her Honor praised God and beckoned us to remember to “give thanks and praise” for the ways in which the lives of those who passed from our Bar “touched and and inspired us.”

The Honorable Judith C. Ensor, Chair of the Memorial Committee, then welcomed George Fanshaw, Esquire, to remember his friend and partner, Bob Simmons, Esquire.

Mr. Fanshaw regaled how, in 1981, he interviewed with Mr. Simmons for an associate position, thinking he would stay for “a couple of years” and then move on. Twentyeight years later, Mr. Fanshaw was still practicing law with Mr. Simmons in what became Simmons, Fields & Fanshaw. Bob was a wonderful mentor and friend to Mr. Fanshaw and taught him about “ the law, trial work, and life in general.” He was a humble lawyer, obtaining a track record of 41 victories in court, but he was never one to boast.

A moment of silence was observed in recognition of James H. McAteer, Esquire, who passed away on September 1, 2021.

Next, the Honorable William Evans spoke on behalf of his close friend, the Honorable Thomas J. Bollinger, Sr. Judge Bollinger was one of 15 children. He attended Loyola Blakefield High School, Loyola University, and the University of Baltimore School of Law. After graduating in 1969, he began his legal career as an assistant state’s attorney in Baltimore City. In 1976, Judge Bollinger left that office and started a private practice, the firm of Bollinger, Prenter, & Bosie. In the early 1980s, he moved his practice to Baltimore County and secured a job with the Baltimore County Office of Law as an assistant Baltimore County attorney. In 1986, he was appointed to the Board of Appeals in Baltimore County. Then, in 1989, Governor Schaefer appointed him to the Baltimore County District Court. Soon thereafter, he was elevated to the Circuit Court for Baltimore County.

Judge Evans remembered Judge Bollinger for his “wit and intelligence.” He recalled Judge Bollinger’s humility when he was practicing as county attorney before the Board of Appeals. “A widow appealed having been denied county benefits. The courtroom was damp and chilly and she was visibly shaking. Noticeably uncomfortable and cold, Judge Bollinger recognized the woman in her distress, arose from the trial table and walked over to the witness box, where he removed his suit jacket and draped it over her shoulders.

BCBA Events

She replied, ‘Finally, someone in Baltimore County has a heart.’ Tom dutifully thanked her and then proceeded to subject her to a brilliant and brutal cross examination, completely discrediting her testimony and benefits.” Judge Evans noted that Judge Bollinger presided over some of the most notorious and difficult homicide cases, and he did so decisively and compassionately. He was a mentor to many of the people attending the service. “The world was a better place until Tom Bollinger passed away.”

The Honorable G. Darrell Russell, Jr. spoke for Henry W. Stewart, Esquire. Judge Russell and Mr. Stewart were friends most of their lives. As a litigator, he was tenacious, aggressive, and yet, extremely well-liked. Judge Russell believed “Henry obtained those assets when he played lacrosse at Loyola College,” where he took a mediocre team and made it very good. Mr. Stewart was a devout Catholic and never missed mass. “Henry, I know whenever you called me and we hung up, you said, ‘I love you.’ I still love you, Henry, and I miss you.”

Next, Bruce Covahey, Esquire, spoke on behalf of his friend and law partner, Frank “Bo” Boozer, Esquire. Mr. Covahey and Mr. Boozer worked in the same firm for the last 19 years. He was the son of Senator F. Vernon Boozer.

Bo, who was young and vivacious, died unexpectedly. He was much beloved by students and teachers from as far back as St. Paul’s School for Boys, which he attended from kindergarten through high school. He would go on to attend Dickinson College and the University of Baltimore School of Law, where he cultivated even more and diversified friends. Upon his passing, many people requested to say something on his behalf, “including his high school Spanish teacher who, 25 years later, was not only able to speak for him but did so beautifully, providing anecdotes and stories from a laundry list of other teachers, all who had glowing memories and recollections of Bo.”

Likewise, Bo’s clients were deeply touched to hear of Bo’s passing. Their expressions of love and respect upon hearing of his death bespoke the great manner in which he treated all his clients—with “tremendous dignity

it didn’t matter if they were wealthy businessmen or clients facing serious criminal charges.” Bo was “tremendously well-educated and well-read, which has served him well throughout his career.” He was someone who “never wanted to stop learning.” He would constantly discuss books that he was reading, magazine articles, newspaper articles, things you read on the internet, or the times when he would be up until four o’clock in the morning watching documentaries. He just continued to learn and absorb more and more information. It was something that he felt could serve him in his career, or just because he wanted to know, that was just the type of person he was. His quest for knowledge of history or world events was insatiable. He was quickwitted and very in-depth, thinking quickly, answering questions, and that served him well as a trial lawyer.” Bo always gave you a straight answer if you asked his opinion about something, but he was never snide or disrespectful in any way.

Barbara Schuler spoke on behalf of her long-time boss and friend, the Honorable Joseph F. Murphy. She recalled first meeting Joe Murphy in the 1970’s when

she was the Criminal Court Supervisor for the Towson District Court at 111 West Avenue, the ground level of a parking garage. In 1984, Joe was appointed by Governor Harry Hughes to the Baltimore County Circuit Court. In 1993, Governor William Donald Schaefer appointed him to the Court of Special Appeals, where he was later appointed Chief Judge in 1987. The two most salient character traits that defined Judge Murphy were courage and integrity. He was a deep thinker, spoke eloquently, and wrote persuasively with conviction and compassion “for all mankind.” His integrity was defined by honesty, fairness, truthfulness, and not being influenced by wealth, gender, race, or political status.”

Personally, “he enjoyed red wine, Sabatino’s, the Orioles, the Baltimore Colts, and the Baltimore Ravens. He loved Joann, Erin, his grandchildren, Ellery and Finley, and his dogs.”

For all of his brilliance, it was no secret that he did not know how to turn on his computer. In his career, he published more than 215 opinions, countless unpublished opinions, five editions of the Maryland Evidence Handbook, 25 cumulative supplements, the last one from his bed at Mercy Ridge. His chamber door was always open to judges and attorneys. Judge Murphy’s law clerks were part of a very special fraternity, and he was very proud of their accomplishments.

He taught evidence at the University of Baltimore School of Law. Known as a tough professor, he truly believed that every student had done his or her best. However, he never failed a student knowing that they had it within them that they would strive to be their best and that the real test would be in the courtroom. Judge Murphy saw “the good in all mankind throughout his life.” When his last case was called and the gavel struck, he brought great honor to himself, the bench, and, more importantly, the citizens of Maryland, “for there was never an unimportant case or an unimportant person in Judge Murphy’s courtroom.”

Morgan Appel, Esquire, spoke on behalf of her father, Marc A. Appel, Esquire. She recalled her father growing up in a lower-middle class family in Baltimore City. Marc’s father imparted to him that he should “always stand up for people who can’t stand up for themselves,” which he did his entire life. He graduated from the University of Maryland in 1970 with an accounting degree. He turned down job offers from some of the biggest international accounting firms and chose to study law at the University of Maryland. As a student, he became passionate about fighting for the underdog, people who were down on their

luck or economically disadvantaged. He interned at Legal Aid, working in the mental health unit. Upon graduation, he worked for Legal Aid, helping impoverished tenants avoid eviction. He was ultimately promoted to Chief of the Housing Law Unit. Eventually, he left for private practice. He balanced hard work while also being a family man. He was home for dinner every night and always attended his children’s extracurricular activities. He somehow managed to prioritize his family while also taking excellent care of his clients and working vigorously for their causes. He ultimately inspired Ms. Appel to enter the law herself.

Even into the last days of his life, if a friend or family member needed legal questions answered, he was happy to answer their call and offer advice, pro bono. His work as a lawyer left a true legacy with his family and his clients. Ms. Appel was so grateful to have shared the connection of law with her father and she feels as if she is with him every day and every day she strives to make him proud of her.

Finally, the Honorable Andrew M. Battista provided the response from the bench. He was fortunate to know a little bit about each of the members who were memorialized. He confirmed their reputations as attorneys, men of good will, good reputation, and good contributors to the profession. Judge Battista reserved his final comments for Judge Murphy. Judge Battista had been a student of Judge Murphy’s in law school and had considered himself a bright student until he learned from Barb Schuler today that Judge Murphy graded on a curve. His penultimate remark regarding Judge Murphy: “I have known people as nice as Joe Murphy and I have known people as smart

BCBA Events

as Joe Murphy. But I never knew anybody as nice and smart as Joe Murphy at the same time.”

Judge Ensor then called for the memorial resolution. She emphasized the importance of this service as a “timehonored tradition, one that really matters.” Recognizing that the lifestyle of attorneys is pressed between their professional commitments and their family commitments and that it is an honor that we share “in the lives of our members who have paved the way with integrity, stability, humility and humor, whether we lived with, worked with or even just in passing, whether we only heard of their contributions today, all of the gentlemen remembered in this service truly gave themselves for the good of their families, their friends, their communities, and our profession. Let us not just honor them today but

tomorrow, next week, next month and in the years to come by continuing to recall their significant contributions and follow their example.”

Finally, John Grason Turnbull, III, current president of the Baltimore County Bar Association provided some concluding remarks. He mused that one of the best aspects of practicing law is the stories that we hear and tell amongst ourselves in the hallways of the courthouse and our various gatherings. He was reminded of the wisdom of a poem by Henry Van Dyke, “I Am Standing Upon The Sea Shore.” It was an appropriate hopeful poem. With that, the proceedings were concluded and a nice reception followed thereafter.

– Peter T. McDowell, Esq.

Member Spotlight: Mary Roby Sanders Recieves Professionalism Award From the American Academy of Matrimonial Lawyers (AAML)

On November 11, 2022, the American Academy of Matrimonial Lawyers (AAML) announced Mary Roby Sanders as the recipient of The Professionalism Award for 2022.

The Professionalism Award is a national, annual award given to a family law attorney and AAML Fellow who consistently demonstrates a high level of commitment to the practice of family law. They are regarded as civil, cooperative, and respectful to opposing counsel, witnesses, third parties and the court. Nominations are made by Fellows to the Professionalism & Collegiality Committee.

Mary has been named to the “Maryland Super Lawyers” lists every year since 2007, and was selected to the 2020 Top 100 Lawyers List and the Top 50 Women List. This is the first time she has received thehigh honor of the Professionalism Award.

“This award is very special as it is given by the most prestigious organization of Family Law Attorneys in the country and the lawyers who were nominated are amazing and high profile lawyers. I am humbled at being selected from our jurisdiction.”

Mary Roby Sanders is an AV Preeminent rated attorney who practices exclusively in the area of family law. She received her B.A. and J.D. degrees, with honors, from the University of Maryland. Mary is a member of the Women’s Bar Association, a former chair and current member of the Baltimore County Bench Bar Committee and the Family Law Committee of the Baltimore County

Bar Association. She is also a Fellow of the American Academy of Matrimonial Lawyers and past chair of the Family Law Section Council of the Maryland State Bar Association.

To learn more about the Professionalism Award, please visit here. To learn more about, or to get in contact with Mary, please visit here

Mary Roby Sanders

Legislator’s Perspective

What’s in a Name Change?

In 1776, the Maryland Constitution established the seven-judge Court of Appeals as the state’s highest court. The Court of Appeals has been altered several times since. In addition, the fifteen-judge Court of Special Appeals was established in 1966 to ease the caseload of the Court of Appeals and hear almost all initial appeals of the circuit courts.

During the 2022 legislative session, the Maryland General Assembly passed a bill to amend the Maryland Constitution and rename the state’s appellate courts. As a constitutional amendment, the Governor could not veto the bill, and instead, the bill was presented to the voters through a referendum for approval. The voters approved the constitutional amendment on the Nov. 8th, 2022, General Election.

The legislation, which passed the Maryland Senate 40 - 7 after passing the House of Delegates 125 -10, renames the Court of Appeals as the Supreme Court of Maryland and renames the Court of Special Appeals as the Appellate Court of Maryland. The measure also renames the chief judge of the Court of Appeals as the Chief Justice of the Supreme Court of Maryland.

This legislation had been introduced for a number of years, and, as with other constitutional amendments, it was given final approval by the General Assembly on the eve of an election where the question went before the voter of the state and was subsequently approved.

Forty-eight states call their highest appellate court their supreme court, and in their testimony before my House Judiciary Committee, the high court judges indicated that the debate over a name change goes back to the Maryland Constitutional Convention of 1967 - 1968.

During the 2022 legislative session, appeals judges from Maryland testified in favor of the bill. “There is confusion from beyond the borders of our state as lawyers, law students, and litigants research, contact, and even file papers with the wrong court,” former Chief Judge of the Court of Appeals Mary Ellen Barbera told us at the bill hearing. “That same confusion persists among Marylanders.” I think the point Judge Barbera and her colleagues were trying to make is that in making Maryland’s court names the same as everyone else’s it would create consistency, efficiencies, and clarify the hierarchy of case precedent and import. Nevertheless, this change doesn’t come without

controversy. There are unintended and somewhat negative consequences that should not be lost. While a name change may seem innocuous and logical on the surface, the fiscal, practical, and logical matters were identified and weighed against the change.

On the one hand, this change makes practical sense. Who, except lawyers, and researchers who frequent the appeals courts, knows that the Court of Appeals is the highest court and the Court of Special Appeals is the intermediary appeals court of Maryland? To Barbera’s point, for non-lawyers or multi-state researchers, it might be confusing and perhaps a bit illogical to be one of the only states named the way we are. Especially because the United States declares its highest appeals court as the Supreme Court and its intermediary court as the Court of Appeals. So it might make sense to reflect those same names, thus creating consistency and simplicity to the non-lawyers of the state and elsewhere.

On the other hand, a centuries-old tradition (1776) exists in one of the 13 founding states that will now be altered. Who’s to say that our name, which preceded the U.S. Supreme Court, is the wrong name? Even more, old habits are hard to break and routed in sound decisionmaking. For example, I make out checks to my Alma Mater, payable to “The Trustees of Tufts College.”

Having changed its name and university status more than

Delegate Jon Cardin

Legislator’s Perspective

75 years ago, it makes checks payable to that party for historical and practical reasons with little confusion about the name. In this case, we named the high court the Court of Appeals in 1776. We probably have enough street cred as a founding state to retain that name, and if the Court of Special Appeals is somehow confusing, then perhaps it could have been renamed to the Court of Intermediate Appeals. Furthermore, I would wager that as the name change takes effect, we will see consistent confusion with the U.S. Supreme Court. It’s my hope that such confusion dissipates over the years.

Finally, this change has a significant fiscal impact in relative and absolute terms. Would the voters have approved it if they knew it would cost the taxpayers millions of dollars to make the name change? First, there is the cost of demolishing the old signs and rebuilding the new ones. Then there is the cost of searching for and updating references to the old names in state publications, references, and road signage. Also, there is the technical

work needed to be done in the electronic judiciary system, using valuable resources that the Judiciary fights for annually. Finally, there may have to be an expedited publication of new codes, law books, and legal references that is yet to be fully contemplated.

There is something to be said for uniqueness and ownership of historical and cultural differences. The Judiciary lobbied for and Marylander’s approved a change that diminishes our uniqueness. The rationale for this change is to reduce confusion and demonstrate to the rest of the country that Maryland can be just like everyone else. I understand why the Court wants it, including why the judges wanted to be called justices. Personally, I am unsure whether the name change accomplishes its purpose, and I very much hope that the benefits of this change will outweigh the detriments, fiscal costs, and loss of historical implications.

– Delegate Jon S. Cardin, Esq., 11th District

The Greatest Hug of All

The Fourth of July has always been one of my favorite holidays. As an elementary school student enjoying the beginning of summer, I liked that the holiday was near the beginning of summer with many more weeks of freedom to follow. Enjoying the warm weather and family barbeques, listening to or watching baseball, and gathering to marvel at fireworks displays from afar were among the delights of that holiday. However, the full meaning of the Fourth did not completely sink in for me until years later.

In more recent years, my family enjoyed fireworks displays at the Carroll County Farm Museum in Westminster. Now that our oldest son and his family live in the Chicago area, we have traveled there several times to enjoy what summer offers in the Midwest. We spent the Fourth of July with our son’s family two out of the last three years (we missed 2020 due to COVID restrictions). In 2019, we vacationed with them in Wisconsin and had a peek at how small-town America celebrates the Fourth. In 2021, the night before the Fourth, while driving to and from O’Hare airport to pick up our younger son, I viewed a spectacular sampling of fireworks from several communities along the route. The next evening we enjoyed the fireworks display near Lakeforest College, just north of Chicago.

We did not experience any small-town suburban parades in 2021. That year my wife and I explored the cozy downtown of our son’s suburban community of Highland Park, Illinois, after the town canceled the local parade. This past year was very different. We did not travel to our son and daughter-in-law’s home in Highland Park to spend the Fourth with them and our then five-yearold grandson, where we would have joined them at the local Fourth of July parade. Instead, we visited them the following week.

At home on the morning of the Fourth, I awakened from my extended slumber that Sunday and checked my cell phone messages. There was one from our daughter-inlaw. It was a sweet and moving message. She stated they were at the Fourth of July parade in downtown Highland Park and missed us, noting that the Fourth had become “our holiday.” She added that she loved us and wished we were there to enjoy the festivities with them. I went downstairs to play the touching message for my wife, but it was as if she could not hear what I was trying to tell her about our daughter-in-law’s communication. My wife was engrossed in a text from our daughter-in-law,

received no more than fifteen minutes after her first voice message on my phone.

The text my wife received indicated that our son’s family was at the Highland Park parade when shots rang out. The call was to inform us that they ran from the scene, reached their car, and were able to arrive home safely. We had not been watching television that morning when the networks interrupted their programming with the unfolding story. We were relieved to learn that our son and his family were safe. It was also a blessing to discover they were out of danger before we heard any details of the shootings and the extent of the carnage. When it was over, seven people died, and 28 were injured.

We watched every live report and interview on several networks as reporters broadcast stories of the wounded and killed, the heroes, and witnesses. There were many compelling stories, such as the toddler whose father shielded him from gunfire by laying on top of him. The child became an orphan when his parents succumbed to their gunshot wounds. There were also accounts of others who came to the aid of people struck by rifle fire, debris, or injuries sustained trying to escape. Throughout the evening and the following two days, we fixated on the television, even re-watching stories for information we may have missed.

Time and again, we are remote witnesses to the unbearable pain of families who bear the loss of loved ones due to violence in our schools, houses of worship, various settings in the community, and, yes, even at home. We are distant observers of the effects of the carnage, looking at the wall-to-wall reports until we are numb or can’t take any more of the constant coverage, filled with interviews of bystanders, survivors, and their families.

We hear speculation from law enforcement experts and others about motives for the unspeakable attacks that occur now with alarming frequency. The Highland Park horror kept us glued to our screens.

When our son lived in Chicago, it was impossible to ignore the shocking crime statistics, particularly the murder rate. During our Thanksgiving 2018 visit, his north Chicago neighborhood was reeling from two random murders occurring (using the same gun) within 36 hours at the end of September and the beginning of October of that year. The area is not known as one of the city’s most dangerous, yet that is no consolation to a community that was racked with fear as police followed numerous leads and

Member Reports

various entities offered sizable rewards. Over four years later, those killings remain unsolved. Fortunately, police took the Highland Park perpetrator into custody on the evening of the massacre. He confessed later that night. Days before submitting this article, the local authorities charged the perpetrator’s father with numerous reckless conduct felonies for assisting his son in applying for the murder weapon.

It is easy to be lulled into a sense of security when you look at the crime statistics from the Highland Park area for the few years preceding the 2022 rampage. I went so far as to do that as our son’s family moved to that community a couple of years ago. The scarcity of crime in that area, whether property crimes or crimes of violence, gave me some comfort, but in this day and age, mass shootings can and do happen in what we may have previously thought of as unlikely places. Also, the number of mass shootings has been increasing nationwide at a shocking rate. It is also appropriate to acknowledge the danger faced by people (including far too many children) who live in neighborhoods where crimes of violence are commonplace, with no diminution of the carnage on the horizon. Unfortunately, people living in such communities know too well about fear, trauma, and loss.

In the Fourth of July Highland Park tragedy, nearby counties, State and federal law enforcement, and firefighters from the surrounding areas came together to assist. Lake County, where Highland Park is situated, arranged for counseling for children and adults at the local high school.

Upon arriving in Chicago a week later, we first wanted to hug and hold our son, daughter-in-law, and five-yearold grandson, who was still in day camp. We hugged and listened as our son and daughter-in-law talked about the day of the shootings and the following few days of sorting through their emotions and counting their blessings. My

emotions were still under control at that point. I tried not to dwell on what could have been. Then, we drove to our grandson’s nearby day camp to pick him up. As we drove into the pick-up lane and waited for him to see us, I thought of how everything looked normal at the day camp, when just a week before, about a mile away, downtown resembled a war zone with casualties. Our son then saw the little guy look our way and see our car, before his eyes lit up, his mouth formed the words “Pop Pop,” and he ran to where I was standing, waiting to greet him. When he reached me, I gave him a huge hug, which he returned warmly. That emotional embrace will be forever locked in my memory as “The Greatest Hug of All.” I get choked up even now when I think about it. I always have been a firm believer in getting those hugs in whenever you can, but this was a very special hug. A healthy awareness of your surroundings is essential these days, whether at large gatherings or smaller events. Some things should be apparent to most people by now, such as always being aware of your surroundings and unusual behavior in your midst; keeping fully charged cell phones with you on all outings; and knowing where fire personnel and law enforcement are stationed at events so you can obtain assistance or report something that looks out of sorts. Have an action plan for leaving an event and a meeting place to reconnect if your group gets separated. Another thing you can do, in terms of emergency preparedness, is to search online for additional tips from law enforcement and other security experts. I learned that some parents at the Highland Park parade on the Fourth were not as prepared as their children, who practice for emergency contingencies at school. Talk to school personnel and your children about what they do in school to plan for emergencies we pray will never occur. Stay safe.

Change of Venue

Mariela C. D’Alesso, Esq. has opened her own firm, D’Alessio Law, in Hunt Valley, Maryland. Ms. D’Alession specializes in estate and trusts. She can be reached at 443-606-3127 or mariela@dalessio-law.com.

Ari J. Kodeck joined the Harford County State’s Attorney’s Office as an assistant state’s attorney.

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.

– Hon. Louis N. Hurwitz (Ret.)

Committee Reports

Bench Bar Committee: December 2022

On December 8, 2022, Bench Bar Committee held its monthly meeting via Zoom with Chairperson Marissa Joelsen presiding.

Circuit Court Administrative Judge Ruth A. Jakubowski spoke on behalf of the Circuit Court bench. Judge Jakubowski advised that the judiciary will be requesting another judicial and magistrate position for the Baltimore County Circuit Court bench. She noted that construction for the jury assembly room has a projected completion date of September of 2023. Judge Jakubowski was sure to thank the county for continuing to allow jury selection to take place at the American Legion. Judge Jakubowski also reported that the circuit court is busy and that cases continue to move along. On the civil side, thus far in December, nine cases were settled prior to jury selection, five cases were postponed by the parties, two matters were court postponed as they were matters on stand-by, two matters proceeded with a bench trial and one by a jury trial, for a total of 19 cases. On the criminal side, six cases were tried to verdict, 10 cases were resolved prior to plea selections, two cases were “kitchen

sink” matters (a plea was entered after jury selection at the American Legion) and three matters were resolved prior to the scheduled trial date.

Judge Jakubowski stated that the court continues to work tirelessly to clear the family law docket backlog and noted that she is working with the family law committee, as well as the magistrates, to implement new strategies to aggressively manage the dockets, including, but not limited to implementing status conferences with the magistrates. Judge Jakubowski concluded by noting that the Health Department will again begin to screen defendants in misdemeanor cases prior to trial, a service that has not been available since pre-pandemic.

The Circuit Court Clerk’s Office report was delivered by the Honorable Julie Ensor. She reminded everyone that although construction continues, the Clerk’s Office remains open for business.

Stephanie Medina, State Court Administrator, noted that work continues to fill all vacant positions.

Magistrate Dilip Paliath, on behalf of the magistrates, advised the committee that any family law attorneys

Local Solutions. Global Reach.

wishing to have uncontested divorces with filed submissions to be heard before a magistrate before the end of the year should contact Becky in the Clerk’s Office for scheduling.

The Honorable Dorothy J. Wilson, District Court Administrative Judge, reported that the district court docket structure will be adjusted in January to do away with the 11:00 am dockets, except in routine/nonincarcerable traffic matters. Also, the case counts will be adjusted in the criminal and serious traffic dockets to reduce the number of matters set per session. This adjustment can be expected to occur in March/April.

Judge Wilson reported that the court continues to receive requests to specially set civil matters. Unfortunately, the district court has lost the assistance of the Honorable Phil Tirabassi to serve as the pretrial conference judge, but Judge Wilson is looking into having specific local ADR practitioners who have been trained as settlement conference attorneys to serve.

District Court Administrator Maria Fields echoed Judge Wilson’s comments in reference to the district court being in good shape with the scheduling of criminal and serious traffic dockets. She admitted that the court is struggling with the civil dockets but assured the Committee that her office continues to work to schedule all outstanding matters. Lastly, Ms. Fields advised that the district court has two vacant staff interpreter positions and noted that anyone who is interested should apply.

Administrative Law Judge William Somerville reported on behalf of the Maryland Office of Administrative Hearings noting that they continue to have vacancies and that their hiring committee is hard at work.

Jack Turnbull, Baltimore County Bar Association president, spoke of the busy month thus far and of all the many upcoming holiday events. He also spoke of the upcoming BCBA Black Tie event in January and is excited for the new format.

State’s Attorney Scott Shellenberger delivered on behalf of his office. He was happy to announce that he has recently filled four attorney vacancies on his staff but noted that he still has more to fill.

Baltimore County Office of Law representative Greg Gaskins advised the committee of the multiple staff changes within the County. Kerri Cohen, spoke on behalf of the Family Law

Committee noting that the recent brown bag lunch and learn zoom was well attended and to look out for the next one scheduled for Friday, January 13, 2023.

On behalf of the Young Lawyers Committee, Alex Walsh advised the committee of an upcoming chamber’s chat with the Honorable Garret Glennon, the Honorable Stacy Mayer, and the Honorable Wendy Espstein.

On behalf of the Portrait Committee, Harry Chase spoke of the unveiling of Judge Murphy’s portrait and what a beautiful ceremony that was. Be sure to look for Judge Murphy’s portrait hanging in courtroom 12.

Finally, Tyler Nowicki, Harford County Liaison noted that Harford County Courts are still waiting for their new judges.

The next meeting of the Bench Bar Committee is scheduled for January 12, 2023, at 8 am. If anyone has an issue to bring to the Committee, please speak with an

– The Honorable Karen Pilarski

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Legal Associate Subcommittee Hosts Informational Session on CASA

The Legal Associate Subcommittee hosted an informational presentation on October 25, 2022 with representatives from the Baltimore County Court Appointed Special Advocate (CASA) program. The presentation was conducted by Jennifer Stine, LSMW, CASA Executive Director; Dan McEachran, MSW, CASA Program Director; and Susan Emfinger, CASA Director of Outreach and Engagement.

The program was a powerful discussion of the origins and purpose of CASA. The presenters highlighted the role and need for CASA volunteers, distinguishing them from guardian ad litems. The presenters discussed the effectiveness of CASA and the training provided for volunteers. The program concluded with testimonials from present and former CASA clients.

The Legal Associate Subcommittee is planning a followup panel presentation from CASA in early 2023 to expand on the October 25th presentation and provide a more in-depth discussion of the CASA program. Additional programs being planned for 2023 include a presentation on the Mediation and Conflict Resolution Office (MACRO) and training programs relevant for legal support professionals. BCBA members with ideas for presentations, please reach out to the subcommittee.

– Donna Mandl, Esq., Department Chair, Legal Studies, School of Business, Technology and Law, Community College of Baltimore County

Committee Reports

Criminal Law Committee Program – Guns & Drugs (Part 1)

On Wednesday, December 14, 2022, the Criminal Law Committee hosted Part One of its scheduled two-part “Guns and Drugs” program at the CVP in Towson. Many thanks go to Bruce White and One Promise for sponsoring the event and providing delicious food and refreshments. Unfortunately, Bruce was unable to attend, but Danny Smith was present on his behalf and spoke briefly about One Promise’s mission and the many services they provide to those in need of residential, Intensive outpatient, and aftercare treatment.

The star-studded panel that spoke at the “Guns” program included:

• Sergeant Dave Feltman, Maryland State Police Criminal Enforcement Division;

• Brian Zavin, Esq., Chief of the Appellate Division - Maryland State Office of the Public Defender;

• Allan Webster, Esq., Chief of the Firearm UnitOffice of the State’s Attorney for Baltimore County; and

• Rob Cole, an experienced and distinguished private defense attorney.

a handgun. Sergeant Feltman stated that there has been a considerable uptick in applications recently, and since July of this year almost 100,000 new applications have been filed.

Sergeant Feltman provided an overview of the Handgun Qualification Licensing process and advised that it required an applicant to 1) be at least 21 years old, 2) be a Maryland resident, 3) get fingerprinted; 4) complete four (4) hours of firearm safety training; and 5) complete a twenty-three (23) question application to determine, among other things, whether the applicant is otherwise prohibited by federal or state law from buying or possessing

Mr. Zavin next spoke about the recent Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, Superintendent of the New York State Police, et al. (Bruen), stating that it is shaping up to be a “big deal” on how the decision could affect the current laws of individual states regarding the possession of firearms. He said while the holding in Bruen is relatively narrow, the reasoning of the use of a “text and history” analysis in determining the constitutionality of restrictions on possession of firearms is much broader and could have far-reaching effects on the current laws of individual states and municipalities. Specific to Maryland, the case of Dominic Bianchi v. Brian Frosh recently heard oral arguments before the Fourth Circuit Court of Appeals on the issue of whether Maryland’s law prohibiting many semi-automatic rifles, including some AR and AK style weapons, are still constitutional in light of the ruling in Bruen, hinging on whether such semi-automatic rifles are in common use for self-defense today. Maryland’s highest court, the Supreme Court of Maryland (f/k/a “The Court of Appeals”), recently accepted certiorari in another case involving the effect of Bruen, i.e., Robert L. Fooks v. the State of Maryland, in which the court will review whether the conviction of a man found in possession of a firearm after having been sentenced to more than two years for violating a court order to pay child support is constitutional under the holding in Bruen Mr. Webster advised that Bruen will have a limited effect practically on the prosecution and defense of gun possession laws because most of the cases brought for illegal possession of a firearm stem from the defendant being prohibited from possessing a firearm. Among other informational handouts, Mr. Webster provided a detailed analysis and list of the current disqualifying crimes, citing that they now include a Probation Before Judgment (“PBJ”) disposition in any crime of violence (other than Second Degree Assault), and a PBJ for any domesticrelated crime, including a second-degree assault so long as the court marked the prior conviction as “domestically related.” Mr. Webster also discussed the recent changes in the Ghost Gun laws including that the seller of the parts must be federally licensed and that each component must have a serial number stamped on it.

Finally, Mr. Cole discussed the impact on the prosecution and defense of possession of firearm cases based on the recent decisions in Lawrence v. State, which determined that there is no mens rea element to the charge of simple possession of a handgun, such that the State needs not prove that the defendant knew of the presence of the handgun. Conversely, in the case of Douglas v. State, the Court determined that possession of a gun in a vehicle requires the State to prove that the defendant knew of its presence. Mr. Cole also discussed the holding of State v. Crawford, in which it was held that the defense of “necessity” is available in cases involving the illegal possessing a handgun, so long as you can prove each element of necessity including that the handgun was no

longer in the possession of the defendant once the period of necessity had ended. Mr. Cole stated that he has a powerpoint presentation available, and you can request it by emailing him at rob@robcolelaw.com.

Those in attendance were treated to a very informative and enlightening program. Keep your eyes peeled to the Advocate for other upcoming events organized by the Criminal Law Committee, particularly Part Two of this series – “Drugs,” during which we expect to discuss recent changes in the law concerning possession of marijuana and what impact that will have on 4th Amendment search and seizure issues as well as probable cause for arrests.

– Stuart Schadt, Esq.

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Professionalism Committee:

Attorneys in Motion: Ethical Considerations for Lawyers on the Move

As we progress in our careers, we inevitably find ourselves facing ethical questions. Many of these questions are easily answered and are almost reflex-like. For instance, attorney-client communications. Instinctively, we know when a communication fits that category and the resulting sacrosanctity attached to that communication. But what ethic rules must be considered when moving from one firm to another or transitioning from private practice to government service (or vice versa)? Although we must consider various rules, which can be the subject of an entire course, this article will focus on conflicts of interest. Whether real or imputed, conflicts of interest can place an attorney in a tough position that can be, at best, embarrassing and, at worst, responding to an Attorney Grievance request.

Maryland Rules Attorneys, Rule 19-301.7(a) speaks to conflicts generally. An attorney shall not represent a client if the representation involves a conflict of interest. The representation of one client that is directly adverse to another or a significant risk exists by representing one client will be “materially” limited by the attorney’s responsibilities to another client, a former client, a third person, or the personal interests of the attorney (Rule 19301.7(a)(1-2).

The analysis concerning former clients and conflicts of interest is so paramount that it warrants its own rule, Rule 19-301.9. If an attorney formerly represented a client in a matter, the attorney shall not represent another person in the same or substantially related matter when that person’s interests are materially adverse to the interests of the former client. The former client can waive this with informed written consent (i.e., have the client seek counsel on this!). Rule 19-301.9(a). If the attorney was previously associated with a firm, the attorney is barred from representing a person in the same or a substantially related matter that the firm previously represented a client. Rule 19-301.9(b). Although most of us would decline representation at this point, the rule provides for some exceptions: the interests must be materially adverse AND the attorney gained confidential information material to that matter. At first blush, this seems an easy analysis, and in most cases, it is.

A deeper “dive” is required when an imputed conflict of interest arises and involves a former client. When attorneys are associated with a firm, none of them can

represent a client if any attorney by themselves would be prohibited from doing so by the Rules. Rule 19-301.10(a). What happens once an attorney leaves the firm? A firm is not prohibited from representing a person with interests materially adverse to those of the client represented by the now departed attorney AND not currently represented by the firm. As usual, the rule provides for an “unless”: if the matter is substantially the same or related and any attorney remaining in the firm possesses information protected by the Rules. Rule 19-301.10(b)(1-2).

The imputed conflict can also arise when an attorney associates with a firm. Any attorney already associated with the firm is disqualified from representing a person that the newly associated attorney is disqualified from representing. The “unless” involves screening or “walling off” the attorney with the conflict from any participation in the matter. Rule 19-301.10(c).

For those attorneys transitioning to or from government service, the rules still apply. The rules define “firm” to include “the legal department of a . . . government . . .” Rule 19-301.0. An attorney who formerly served as a public officer or government employee remains subject to Rule 19-301.9 and shall not represent a client in connection with a matter while as a public officer or government employee. Rule 19-301.11(a). Along with imputed conflict rules, the rules concerning confidential information also apply. Rule 19-301.11(c).

The take-away: no attorney is above the Rules! The Rules exist to protect and instill confidence with the pubic. As stated earlier, many rules are instinctive, and the practitioner will sense the ethical quandary before it occurs. To those of us on the move, good luck and enjoy the new job.

– Ari Kodeck, Esq.

Committee Reports

Young Lawyers Committee: Holiday Lunch and Gift Drive

On Friday, December 9, 2022, the Baltimore County Bar Association Young Lawyers Committee hosted its annual Holiday Lunch and Gift Drive. This event was held in the Jury Assembly Room of the Baltimore County Circuit Court. During the lunch, monetary donations and gifts of “wish list items,” which included toys and similar items, were collected to benefit middle school students at the Safe Alternative Foundation for Education. The Safe Alternative Foundation for Education is a non-profit that provides after-school, weekend, and summer educational opportunities to students through vocational programs that provide real world application and exposes students to the world outside their community.

Many judges, attorneys, and courthouse staff were in attendance at the luncheon. All the food and drink items were generously donated to the Bar Association from several local Towson restaurants, including Barley’s Backyard Uptown, Charles Village Pub and Patio, 7 West, and Towson Hot Bagels, to name a few.

It was a great afternoon full of merriment and the Young Lawyers Committee appreciates everyone who attended and donated to benefit the Safe Alternative Foundation for Education.

– Valerie E. Taylor, Esq.

Young

Lawyers

Committee: Chambers Chat with the Honorable Garret Glennon, the Honorable Stacy Mayer, and the Honorable Wendy Epstein

On Wednesday, December 14, 2022, the Baltimore County Bar Association Young Lawyers Committee hosted a virtual lunchtime “Chambers Chat” with the Honorable Garret Glennon, the Honorable Stacy Mayer, and the Honorable Wendy Epstein of the Circuit Court for Baltimore County. Alex Walsh, Esq., Chair of the Young Lawyers Committee, led and moderated the conversation.

The discussion began with the judges introducing themselves and sharing a bit about their career paths and what led them to become a member of the bench. Among other experiences, all three judges highlighted that they came from a background of public service –Judge Glennon as a former assistant state’s attorney, Judge Mayer also as a former assistant state’s attorney and former member of the District Court bench, and Judge Epstein as a former assistant public defender and magistrate. Judge Glennon, Judge Mayer, and Judge Epstein all stressed and reiterated the importance of networking and fostering personal and professional relationships during the course of one’s career. The judges attributed a portion of their success and current position to cultivating and maintaining professional relationships. Additionally, the judges mentioned some helpful practice tips for young practitioners seeking to improve practice skills and gain comfort in the courtroom. Judges Glennon and Mayer noted that getting along with opposing counsel, both in and out of the courtroom, is crucial. Not only does this help the judge to focus on the legal issues, but it will also weigh on one’s reputation, which will carry them throughout their career. Judge Mayer specifically mentioned that an attorney should lay it all out on the table in the courtroom while maintaining the utmost professionalism and be the best advocate you can, but when you walk out, know it is not personal.

Judge Epstein stated that at the conclusion of a trial or hearing, do not be afraid the ask the judge to discuss privately what you did well and areas in which you can improve. Judge Epstein also recommended that when citing case law and rules, bring a copy for the judge to read and follow along with your argument instead of assuming that he or she has it handy. Third, Judge Epstein advised to refrain from speaking over other people in the courtroom because it distracts from the legal issues, is not professional, and is not necessary because everyone will have a chance to speak and be heard by the Court.

Finally, the judges left the younger practitioners in attendance with some practical advice and words of wisdom. Judge Glennon mentioned that if you make a mistake during a trial, just keep going and use it as a learning experience for future trials. Judge Mayer mentioned that if you aspire to be a judge one day, continuing to build relationships will help you get there and do not be discouraged if you do not have experience in various areas of practice. Finally, Judge Epstein mentioned that observing trials and hearings is a good way to learn and that involvement in bar associations is an excellent way to network and form lasting professional relationships.

The Baltimore County Bar Association Young Lawyers Committee appreciates Judge Glennon, Judge Mayer, and Judge Epstein’s attendance, invaluable advice, and guidance.

– Valerie E. Taylor, Esq.

Family Law

Committee: Marital Privilege vs. Marital Communication - Who holds the power to invoke - The new laws -

The Family Law Committee hosted a lunch and learn event on December 5, 2022 to discuss spousal testimony, including marital privilege, and confidential marital communications. Kerri Cohen, Esq. introduced our distinguished speaker, Jennifer W. Ritter, Esq., Senior Assistant State’s Attorney for Howard County.

Jennifer educated us on the history of these privileges, dating back to ecclesiastical beliefs in 1580, when society felt communications between a man and those persons that were dependent upon him should be protected, with limitations. In matters where one spouse was a party to a matter, those beliefs transitioned to an absolute disqualification as society encouraged marital unity and viewed man and woman as one entity. Maryland abolished the common law rule by statute adoption in 1864, and then codified, in general, that spouses were competent and compellable witnesses in 1888. This also provided that, although spouses were competent to testify in both civil and criminal matters, spouses were considered not competent to disclose confidential communications made during the marriage, and spouses could not be compelled to testify in criminal matters.

Presently, the general rules are found in Cts. & Jud. Proc. § 9-101 (Rules relating to interested persons and litigants and their spouses), which states “Unless otherwise provided in this subtitle: (1) A person shall not be excluded from testifying in a proceeding because of incapacity from crime or interest in the matter in question; and (2) Litigants and their spouses are competent and compellable to give evidence. The two types of privileges regarding spousal testimony are found in Cts. & Jud. Proc. § 9-105 (Confidential communications between spouses) and Cts. & Jud. Proc. § 9-106 (Spousal privilege).

Confidential Communications Takeaways: The person who made the communication holds the privilege, must prove it exists and applies by a preponderance of the evidence, and may waive the privilege. The privilege survives the termination of the marriage, and communications during a separation period can still be considered confidential. This supports the public policy that spouses can trust that statements made during the marriage can remain confidential and private. However, this is a rebuttable presumption when it can be shown that the communication was not intended to be private.

Spousal Privilege Takeaways: In support of public policy to protect children, if a spouse is a witness to child abuse, the spouse can be completed to testify. When one spouse is a victim of a physical assault by the other spouse, spousal privilege can be invoked by the victim one time only. Even if the physical assault matter is expunged, the victim-spouse’s invocation is available to the Court, the State’s Attorney’s Office, and law enforcement. Effective October 1, 2022: The marriage must pre-date the crime for which testimony is being sought. If the crime predates the marriage, the spousal privilege does not apply.

Link to the zoom recording here.

Passcode: #pZ1UD^7

– Kerry E. Simm, Esq.

Wellness with Wendy

Looking Ahead into 2022 – Future-Casting

Note - This article was revamped and edited from a post previously published on Lawfully Lean on December 29, 2020. Because that blog concentrated on health, nutrition, and fitness, this post also heavily focuses on the same. However, your goals can be something other than fitness-related. They can be anything you desire.

It’s that time of year - New Year’s Resolution Time.

By the time you are reading this, you may have already given up. Don’t fret - you are in the majority. Strava, an app many people love to log their workouts, showed that in 2020, most people gave up their goals by January 19th; in 2019, the date was January 17th; and in 2018, the date was January 12th.

For 2023, let’s work together and make some New Year’s resolutions that STICK. I am going to help you. Ready? While we are at it, let’s get rid of the name “New Year’s resolutions.” The stigma associated with this term sets you up to fail, and we don’t want that. Let’s call these our 2023 goals, or if you need something catchier, “The Year of (insert your name).”

Before we get into actual goal-setting, we should tune in to what goals we are going for in 2023. I could quickly help you with goals that I think are great for you, but how does that help YOU if it is not something you truly want? It would be best if you did a little digging here, and I am here to help.

Step 1.

Get a sheet of paper or open up a document file on your computer. (Oh, just do it already. People pay a lot of money for this, and I am giving it to you for free!). What do you have to lose?

Step 2.

Close your eyes (ok, read the rest of this and THEN close your eyes). Take a deep breath in (1-2-3) and now exhale that out slowly (3-2-1).

Visualize who you want to be and how you want to feel by June 1st, 2023.

Try to avoid getting stuck on where you are now. Instead, think of the “unicorn you,” where everything has lined up just right.

The weather will be a little warmer, and the winter chill will be gone.

Your alarm is going off. Do you hit snooze or turn it off, ready to be awake?

As you stretch in bed, are you foggy with a headache, or do you feel rested?

Do you feel good about your decisions from the night before, or do you regret them?

How do you feel about your body under the warm sheets?

As you set your feet on the floor, how do you feel? Do you feel energized or tired?

You walk into the bathroom and glance at the mirror. Aside from the bedhead, do you turn sideways in the mirror and grin back at your reflection and the last six months of work?

You pull on your workout clothes. Are you doing so happily? How do they feel? Are they the brand new ones you rewarded yourself with for achieving a goal that you set on January 1st?

You come downstairs and sit to begin your morning routine. Are you rushing around like a crazy person, or are you carving out some time for yourself?

Are you carving out time for your faith every day, if that is something that is important to you?

Do you practice gratitude? Affirmations?

How much time are you getting alone?

What are you putting in your coffee?

What are you reading?

When you go to exercise, what workout are you doing? For how long? What program are you loving? What weights are you using? How are you staying accountable? Do you quit when the kids wake up, or do you have them set up to join you?

What do you eat for breakfast? When do you eat it? How do you approach the workday? How do you show up to court? How do you advocate for your client? How do you interact with your colleagues?

How do you preside over a stressful matter?

When you pack up to go home, how was your day?

Now, it is time for bed and you reflect on the day.

What three things happened today that made you proud? What would you have changed? How did you treat people today? How did you speak to your family?

What did you eat? Did you eat out or did you cook for yourself? How did that food make you feel? Are you feeling bloated and gassy, or do you feel energized and satiated?

When you go to bed, are you falling asleep on the couch and dragging yourself to bed, or do you go upstairs at a specific time and go to bed, lights out? What are you doing for your nighttime routine when it is time for you to go to bed? Are you washing your face? Brushing and flossing? Are you watching television? Are you eating snacks on the couch or curling up with a hot cup of tea? How do you feel when your head hits the pillow? Exhausted? Ready to go to bed? Happy with your day?

While doing this exercise, I want you to envision the BEST you walking around. I want you to have an out-ofbody experience and really SEE yourself getting out of bed and going through these morning activities. I want you to walk around your day and see yourself as the person you desire to be. How do you talk to your kids? Your boss? Your employees? Your spouse? For real - how are you talking to your spouse? Do they get the crappy version of you because you are exhausted, or do you give

Wellness with Wendy

them the courtesy of the kindness you can easily bestow upon the cashier at the grocery store?

I want you to describe this person in as much detail as possible.

I also want you to immerse yourself in your emotions as you watch this person moving around your home. Describe how you believe this person feels. Again, try not to get hung up on the way things are now and any regrets you have from today, this past week, or this past year. I want you to catapult yourself to six months from now and think about YOU, as if everything has been done right. Describe THAT person. Walk around in that person’s shoes and feel their feelings. Step 3.

Open your eyes. Write everything down. Write down all the details and all the feelings. Go back and see what questions or areas you missed. Thought of even more things to write? Awesome! Keep writing and writing until you cannot write anymore. If you are stuck, try these tips: □ Try writing sequentially, starting from when you wake up and until you go to bed. Get as detailed as possible.

Wellness with Wendy

Write what you see in the mirror, on your plate, in your house, kitchen, closet, workout area, car, and desk. Write everything you see. If you need to work it backward and do a rewind day, try that!

□ Describe the physical traits of the person you saw and describe what they are wearing, how they feel in their clothes, and how they look. Now, how do they feel about it? Excited? Happy? Encouraged?

Those words you just wrote encapsulate your VISION for the best YOU and how we will figure out your 2023 GOALS.

Here is the beauty of the exercise we did in Step 2. Once you do it, you cannot unsee it. Once you write those words down, they cannot be unwritten. That ideal image of YOU will haunt you in all the good ways. Not only is that person you saw a possibility, they are now a probability because you have seen them and felt what it was like to be them.

That person lives in you. They are the best part of you. Think of them like the Jiminy Cricket on your shoulder, helping to guide you. That feeling of WARMTH that spread through you while you were doing the exercise is like liquid gold. Hold onto that feeling. I know you are

thinking, “Wendy, you are getting all woo-woo on me.” Fine, maybe I am, but this visualization exercise works every time.

Step 4.

Let’s get you a few steps closer to being that person. Look back at everything you wrote out. What struck you the most? Can you find three things that spoke to you about that vision you saw? Circle those with a BOLD highlighter!

Step 5.

To get there, we need to set SMART goals: Specific. Measurable. Achievable. Relevant. Time-bound. Specific. We need to be specific. We need to get detailed, develop a real deal plan, and be honest about why we want it. Not - I want to lose weight. Not - I want to eat healthier. We need to get into the nitty gritty and be intentional.

Go back to your Steps 2-4. What action steps can you take to get closer to that vision? Let’s start simple. That woman. Did she lose weight? How much? How many sizes did she drop? How long did it take her? What did she do to get there? Why did she want to lose weight? What was

her motivation? When she woke up, what helped her lose the headache and feel less foggy? Was she calm with her family? In your visualization, could you figure out why? What helped her? Now, let’s see some goals that might help her that are specific:

□

I want to lose ______ lbs by June 1st, 2023.

□ I want to fit into ________________by June 1st, 2023.

way with it:

□

□

□

□

□

I will read ____ books per month.

I will pray/meditate for ______ minutes every morning.

I will journal for ___minutes a day.

I will wake up at ___ time.

I will go to bed at ___ time.

I want to be able to run _________ miles without stopping by June 1st, 2023.

□

□

□

I will get __ hours of sleep.

I will have family dinner ___ nights per week.

□

I want to drink less and will do this by not having wine on the weekdays.

□

□

I will pack my lunch ___ times per week.

I will workout ___ times per week.

□

I want to cut out my nighttime snacking and will give up eating snacks on the couch after dinner.

□ I want more “me” time and will carve out ______ minutes each day at ____ AM/PM.

□ I want to read more and will make time daily for this to happen at ______ AM/PM.

□

I want this because ___________________________.

Measurable. This hones in on the specificity. If your goals are weight loss and fitness, you see some I outlined in the SPECIFIC part of goal-setting. But here, let’s go another

□

□

I will post ____ blog posts per month.

I will write _____ words per day.

I will limit my glasses of wine to _____ per social interaction.

□

Achievable. First, I am here to tell you I am your biggest cheerleader (even though I may not know you yet, but if I did get to know you, within 20 minutes). I could tease out your superpower, believe in you and your amazingness (that is MY superpower) and be incredibly excited for whatever it was you wanted to achieve. That said, we

Wellness with Wendy

HAVE to be realistic. If you have NEVER ever worked out and you want to complete an IronMan Triathlon by June 1st, 2023, we should reframe a bit. If you have never cooked a family dinner, you may not want to start with 7 (or even 5) nights a week. If you want to lose 100 pounds, 100 in 6 months is probably different from what the doctor ordered. While your goals should push you a little, they should not shove you off the cliff. We want your 2023 goals to WORK! So, while I am going to encourage you to go bigger than you may think possible, I want us to be realistic and focus on what we can achieve. Got it?

While we are talking about ACHIEVABLE, let’s also try to avoid going after the whole enchilada at once. I give you a LOT of ideas here . . . but think about Step 2. What enticed you the most about that person? The MOST? Which goals did she follow to get to that specific part of her? Let’s focus on those. It may have nothing to do with fitness. It could have everything to do with honing in on her creativity and how she can best use 2023 to write that book or create that podcast finally. The point is, only she knows that, which brings us to the next part of SMART goals . . . Relevant. Your goals need to be RELEVANT to you. Your goals need to be yours. Not mine for you. Not your neighbor’s. Not your partner’s. YOURS. Do your goals align with the person you visualized in Step 2? I talk a LOT about a killer morning routine because that is my JAM, and I am a tried and true morning person. That may not be you. YOUR focus might be on an impressive

creative nighttime routine complete with word counts and publishing deadlines. As you write your goals, ensure that you do so because YOU want those things. Not because someone else thinks you should.

Time-Bound. By when are you going to achieve all of this amazingness? I am encouraging you to set some goals to hit by June 1st. I am also encouraging you NOT to call this a finish line. If you think of your goal as the finish line, you will hit it, be super excited, and then have a mentality that you don’t need to work on your goal (or you) anymore. Unless your goal is a book and you are published and real deal DONE (And are you really done? Don’t you want everyone to know about your book and to purchase it? Aren’t you already thinking about the next one?), I am imploring you to use this time-bound date as a goal POST. A time to sit, reflect, measure, and chart your next course. I don’t say that to exhaust you. I know that in six months, you will have even more beautiful things you want to achieve! Once you reach your new goals, it is time to go back to Step 2. Sit. Close your eyes. Visualize. Feel the liquid gold start running through your veins, and ask WHO you will be six months from then.

Ok - I like this - when do I start?

Easy. You start now. Are the kids already awake and driving you bonkers? Are you sitting in a doctor’s office and not ready to write all your goals and feel funny about closing your eyes?

Here is what I ask of you. Look at your calendar NOW and set a time NOW for you to devote at least 30 minutes to this.

I tried this, and I need help!

That is why I am here. Let’s see where I can get you unstuck. All BCBA members are eligible for a free coaching session with me. Please click here to schedule: https://calendly.com/wendylawfullylean/sample-coachingsession

– Wendy Meadows, Esq.

Jeffrey S. Glaser, Esquire

Saul Ewing

Martin B. King, Esquire Gorman & Williams

Nicole R. Hewitt, Esquire HWK Law

Baltimore County Bar Association

Save the Date

5, 6pm – Baseball, Crab Feast & Fireworks

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

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

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

  

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

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

16, 4:30pm – Stated Meeting

TBD, Sponsor Breakfast

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

6, 5:30pm- Chopped Live Results Show

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

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

Baltimore County Bar Association

100 County Courts Building 401 Bosley Avenue

Towson, MD 21204-4491

(T) 410-337-9103

(F) 410-823-3418 www.bcba.org