The Advocate - July/August 2023

The President’s Message

“Summer is the annual permission slip to be lazy. To do nothing and have it count for something. To lie in the grass and count the stars. To sit on a branch and study the clouds.”

― Regina Brett Ah … summertime. It is that time of year that is often marked by the gleeful sound of children at play, the inviting aroma of burgers sizzling on a nearby grill, the incredible sight of lightening, and the frightening experience of torrential thunderstorms that take flight as quickly as they appear. For many, summer is a time to vacate, retreat, and refresh. Some may take an occasional trip to the beach, enjoy a night at the ballpark, observe fireworks, or attend a concert, wine festival, crab feast, or lobster boil. Others will take in a new movie, read for pleasure, plant a new flowerbed, or simply master the art of doing nothing. In the blink of an eye, summer will end, autumn leaves will fall, and winter will be upon us. Soon the hustle and bustle of Thanksgiving and the winter holiday season will enthrall us, and we will wonder how the year passed so quickly.

Before the summer completely escapes us, I pause to recount the fourth Thursday in June when Jack Turnbull (much too cheerfully) passed the mantle of the Baltimore County Bar Association (BCBA) on to me. Although I had actively served on the Executive Council for nearly a decade, that moment (which – for years – seemed so far in the distance) came all too quickly. The changing of the guard occurred near the close of the Stated Meeting in June. It took place in Ceremonial Courtroom No. 5 in the old Towson Courthouse – a few days shy of the official start of summer.

During my remarks, I emphasized that the Vision Statement of our five-year Strategic Plan best expresses the importance of our Bar Association:

The Baltimore County Bar Association is a welcoming and diverse community where legal professionals at every stage of their careers create meaningful connections,

find opportunities to learn and lead, and advance the Baltimore County legal profession and community.

I also noted that our Organizational Values prompt us to:

• Operate with integrity

• Think innovatively

• Serve the community

• Hold ourselves to a high standard of excellence, and

• Have fun

Our focus throughout this bar year is to consistently reflect and embody the Vision Statement and allow our Organizational Values to prompt our actions. By getting back to the basics and being intentional in all we do, we will become who we say we are … “a welcoming and diverse community where legal professionals at every stage of their careers create meaningful connections, find opportunities to learn and lead, and advance the Baltimore County legal profession and community.”

One of the greatest honors I have as the incoming president is the selection of the charity with which we will partner. As I announced during the Stated Meeting, I selected the American Cancer Society (ACS) as our charity for the 2023-2024 term. ACS provides muchneeded support to those who are “in the fight” and offers tremendous programs that benefit survivors, family members, and caregivers.

Cancer knows no boundaries. As an 11-year survivor, I know all too well the challenges this disease can bring. I also know first-hand how helpful ACS can be to those battling the disease as well as their family members, caregivers, and other supporters. I encourage each of you to support ACS throughout this bar year and beyond. As you do, I also invite you to share your stories of survival. You may never know how much your words will encourage others to stay in the fight.

Once again, thank you for the opportunity for allowing me to serve as your BCBA President. Together, we will become who we say we are … “a welcoming and diverse community where legal professionals at every stage of their careers create meaningful connections, find opportunities to learn and lead, and advance the Baltimore County legal profession and community.”

Now … let us answer the call of the ocean, crack crabs, chase fireflies, lie in the grass, count the stars, and enjoy the waning days of summer . . .

- Lisa Y. Settles, President Baltimore County Bar Association, 2023 -2024

2023-24 Officers

President Lisa Y. Settles

President-Elect Sondra M. Douglas

Secretary Richard Grason VI

Treasurer Robert K. Erdman, Jr.

Executive Council

Tyler J. Nowicki

Michelle Daugherty Siri

Alaina L. Storie

Mariela C. D’Alessio

Hon. Michael S. Barranco

Stuart A. Schadt

John G. Turnbull III

Immediate Past President

Alexander J. Walsh, Young Lawyers Chair

Rachel M. Ruocco, Executive Director

Advocate

Chair

Court Notices

August District Court Schedule

VISITING JUDGES: NRS-Norman R. Stone, SDW- Steve D. Wyman, NB-Nathan Braverman, KEM- Keith E. Mathews, JIL – Jack I. Lesser, GML-George M. Lipman, CCO-Catherine C. O’Malley, JEJ – JoAnn Ellinghaus-Jones, MGR- Marc G. Rasinsky, RDZ – Ricardo D. Zwaig, JDL-Jonas D. Legum, RAK – Ronald A. Karasic, JBB- Josef B. Brown, MBJ-Megan B. Johnson, DGF-Darryl G. Fletcher, 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, DJWDorothy 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

Thursday, October 12, 2023 5:30 PM Full menu, wine and whiskey tasting, and one commemorative wine glass. 50/50 Raffle & GREAT Raffle Items This event is open to everyone!

August District Court State’s Attorney’s Schedule Calendar

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NEW LOCATION, NEW SERVICES, NOW FULLY OPEN!!

The Circuit Court for Baltimore County Self-Help Office is fully reopened in a new and bigger location with new services! Visit us at our new location in the County Courts Building, 401 Bosley Avenue, Towson, MD 21204, 2nd Floor Law Library (rear).

The Office assists self-represented litigants in Family Law cases. The Office can help with Family Law court forms, explain Family Law court processes, and help litigants open, answer and move their Family Law case forward. The Office cannot give legal advice. Assistance is provided in-person, virtually and via email.

Walk -Ins accepted Monday-Thursday, 8:30am – 3:30pm, and on Fridays 8:30am -3:00pm on a first-come, firstserved basis. The Office is closed each day for lunch from noon - 1:00pm.

Self-represented litigants can self-schedule a 30-Minute Virtual Appointment by following this link https://baltimorecountymd.gov/departments/circuit/family/self/self-help or Email the Office with their inquiry at baltcoselfhelp@mdcourts.gov.

NEW SERVICE:

The Circuit Court for Baltimore County Self-Help Office and the Baltimore County Bar Association (BCBA) have partnered to have volunteer lawyers on hand to provide FREE LEGAL ADVICE regarding Family and Civil Law matters on select Wednesdays, in-person by appointment from 9am-3pm. Self-represented litigants can schedule an appointment here: https://baltimorecountymd.gov/departments/circuit/family/self/self-help

VOLUNTEER LAWYERS NEEDED:

The Circuit Court for Baltimore County Self-Help Office and BCBA are seeking volunteer lawyers to meet with selfrepresented litigants by appointment regarding Family and Civil Law matters in person on Wednesdays. Sign up here: https://outlook.office365.com/owa/calendar/BCBAVolunteerLawyers@mdcourts.onmicrosoft.com/bookings/

FOR MORE INFORMATION:

Email: terrell.warren@mdcourts.gov

Dear Members of the Family Law Bar:

Greetings. On behalf of the Baltimore County Circuit Court Bench and Family Magistrates, I invite you to add your name to the list of counsel for appointment as a Best Interest Attorney, Child Privilege Attorney and Child Advocate. We are seeing a tremendous need to have attorneys involved as a BIA or Privilege Attorney in our domestic matters at present. While at times challenging, effective representation of a minor child or children is often extremely rewarding and it pays in ways not just tied to financial compensation. As a BIA, you have the opportunity to have a positive impact on the child or children that you are representing, whether by sh ielding them from the toxicity of litigation between their parents; answering questions or giving a voice to an older child; or helping to resolve the matter amicably in a way that the parties’ respective counsel may not be able to do under the circumstances. At other times, parents cannot afford inde pendent counsel, do not know how to effectively represent themselves and the child or children are struggling mightily in a high conflict case. On these occasions, a quality BIA, Advocate or Privilege Attorney can be invaluable to the family. Of course, involvement in these family law cases gives our newer members of the Ba r a chance to be in the courtroom an d affords the judges and magistrates an opportunity to become familiar with our newer members of the Bar.

To apply, you must meet the following qualifications:

1. Successfully complete the specific six-hours of training for being a Child’s Best Interest Attorney, Child Advocate Attorney and/or Child ’s Privilege Attorney;

2. Have at least three (3) years of Fam ily Law experience or other relevant experience;

3. Maintain professional liability insurance, at the Attorney ’s sole cost and expense; and

4. Be willing to take at least one (1) pro bono/court-funded appointment as child counsel per year.

Please send your written request to be included and a copy of your resume to Family Support Services Coordinator at 401 Bosley Avenue, Towson, Maryland 21204.

If you have already added your name to the court appointed coun sel roster, thank you. We recognize that you are often ext remely busy. Please, however, use every effort to ensure that you are taking your one pro bono case or court pay ($250 per hour maximum of $3500 for BIA appointments) per year as required to be on the list. Designated judges and Family Support Services do keep track of these appointments so I can promise that y ou will not be asked to undertake more than one pro bono case. Of course, these hours can be used for your aspirational pro bono hours requested of practicing attorneys in the State of Maryland.

Thank you for your consideration of the above requests and enjoy the remainder of the summer.

Catherine Woods, Family Magistrate

BCBA Events

Stated Meeting

The June Stated Meeting of the Baltimore County Bar Association (BCBA) occurred on June 21, 2023, beginning at 4:30 p.m. The meeting was held in Ceremonial Courtroom No. 5 of the Old Courthouse. Outgoing president, John G. Turnbull III, Jr., called the meeting to order. On motion, duly seconded, minutes of the February 16, 2023, Stated Meeting were approved. The treasurer, Richard Grason VI, presented a detailed report and noted that the BCBA remains in financial order although tasked with the need to increase membership. President Turnbull announced just under $10,000.00 was presented to the Education Foundation of Baltimore County Public Schools, BCBA’s charity for the 2022-23 bar year.

The balance of the meeting primarily consisted of reports from the standing committees. During the committee reports, the ADR committee submitted a written report by Laura Wasserman; the Advocate committee (Hon. Tracee Orlove Fruman) reminded committees to submit an article for each committee event; Bench Bar (Adam Smith) reported they are looking forward to working with the Honorable Dennis Robinson, the new administrative judge; CLE committee (Michael Jacko) reported their common grammar program on the zoom platform was well attended; the Criminal Law committee (Stuart Schadt) reported on their successful Guns and Drugs program series and changes in the law; the DEI committee (Honorable Michael Siri) reported on another successful year of placing six highly qualified candidates in Baltimore County law firms; the Entertainment committee reported on their new location event was a success; the Family Law committee (Kerri Cohen) reported about the twelve robust programs including the legislative update and

happy hour to welcome judges entering the family law rotation; the Historical committee (Mark Desimone) reported on upcoming programming to include the biography of Thurgood Marshall and prohibition authors presentation; Law Day committee (Shannon Boisseau) reported that the annual Law Day program on May 2nd was a success; Membership and Admissions committee submitted a written report; Memorial committee (Christine Malanga) report recognized the Honorable Judith Ensor for her work as the chair; Professionalism committee (Hon. Mike Barranco) reported programming on Trauma, Compassion and Resiliency and Deborah Cruz instrumental influence for the successful year; and Young Lawyers committee (Alex Walsh) reported on the committee’s first field day.

The results of the election of officers for the 2023-24 bar year were announced. BCBA Officers for the 2023- 24 Bar Year include: Lisa Y. Settles, president; Sondra M. Douglas, president-elect; Richard Grason VI, secretary;

BCBA Events

J. Walsh, Young Lawyers’ representative and President Turnbull, III, immediate past president.

Following a recount of his year at the helm, President Turnbull presented the gavel to incoming bar president, Lisa Y. Settles, who offered a genuine and heartfelt speech that included a story of her journey to the presidency and commitment to the bar. While casting her vision for the coming year, President Settles reminded us of our mission as detailed in our strategic plan and “together we will become who we say we are.” President Settles introduced her choice for the BCBA’s charity for the 2023-24 bar year, the American Cancer Society. This charity has a personal meaning for President Settles as she shared her personal journey of her encounter with a cancer diagnosis, which she conquered years ago.

On motion, duly seconded, the meeting was adjourned. A happy hour followed at Barley’s Backyard Bar and Grill.

– Sondra M. Douglas, Esquire

Robert K. Erdman, Jr., treasurer; Tyler J. Nowicki, atlarge member; Michelle Daugherty Siri, at-large member; Alaina L. Storie, at-large member; Mariela C. D’Alessio, at-large member; the Honorable Michael S. Barranco, at-large member; Stuart Schadt, at-large member; Alex

BCBA Events

Back to the Yard and Loving It!

The Baltimore County Bar Association returned to the pre-COVID days of yore when it hosted “A Suite Night” at Oriole Park at Camden Yards on May 30, 2023. Over 30 lawyers, judges, attorneys, Summer Scholar Program participants, family members, and other guests enjoyed an exciting evening of baseball and camaraderie as the Orioles thumped the Cleveland Guardians 8-5. Word has it that some Yankees fans among us also enjoyed the evening. Each suite-goer received $40 in Baltimore Orioles gift certificates for food and drink, merchandise, or a future game at the Yard. Special thanks go to Rachel Ruocco and those who assisted her in publicizing this event.

Anthony Santander led the hit parade for the Orioles, slamming two doubles, a triple, and driving in three runs. Rookie phenom Gunnar Henderson also had three runs batted in on a double and two singles. The Orioles jumped out to an early lead, but the Guardians fell short in their comeback. On his way to an All-Star Game nod in July, closer Felix Bautista shut the door on the Guardians for his 14th save of the year.

In case you have not noticed, many of us longtime baseball fans (old-timers who can rattle off decades-old Orioles’ baseball stats by memory) delight in telling stories about the halcyon days of Orioles baseball and the many American League Championship Series and three World Series that the Orioles won before many of those reading this were born. Thanks for your patience with us all this time, as the ballclub appears to be emerging from a long dry spell without consistently winning teams. However, before you feel sorry for us, think about the younger folks

who suffered with the rest of us, as they have yet to see an Orioles team win the big prize.

The good news is that the team rebuild is finally bearing fruit. The Orioles’ performance last year and into midJuly this year has garnered the attention of fans from the entire region, as attendance has increased notably from 2022. Thanks to Orioles ownership and Mike Elias and his management team, there is legitimate cause for optimism as publications such as Baseball America, Bleacher Report, and MLB Pipeline Farm System Rankings have recognized the Baltimore Orioles franchise as having the best farm system in baseball. With a minor league system well-stocked with top prospects, we look forward to a continuing parade of rookie stars making their way to Baltimore and the majors. There is renewed excitement and passion for an Orioles team with one of the best records in baseball.

Editor’s Note- The author is a long-time volunteer with the Baltimore Orioles Designated Hitters organization.

Hon. Louis N. Hurwitz (Ret.)

Stuart Axilbund saxilbund@axilbund.com

Mary Chalawsky chalawsky@gmail.com

Marissa Joelson MJoelson@lawpga.com

William Kerr wlawkerr@verizon.net

Richard Lynas lynas.richard@yahoo.com

Jay Miller JMiller@lawpga.com

Gary Miles gary@lawhjm.com

Jose Molina jamolinalaw@gmail.com

Sam Moxley smoxley@baltimorecountymd.gov

Joseph Murtha jmurtha@mpllawyers.com

Karen Pilarski karenapilarski@gmail.com

Bill Saltysiak wsaltysiak@gmail.com

Thomas Tompsett, Jr. tommy.tompsett@mdlobbyist.com

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Meet the Summer Scholars

Ahmed Jackson

University of Maryland Francis King Carey School of Law, ’25 English Literature, Loyola University, Maryland

Name of Firm: The Law Offices of Frank F. Daily, P.A.

Share something you’ve learned about the practice of law that you didn’t know before this summer.

I learned that the practice of law is creative. I was exposed to many facets of law that I did not have the opportunity to explore in law school. I have enjoyed my time at The Law Offices of Frank F. Daily, P.A.

What are your career aspirations?

I aspire to make partner, specializing in business law. Do you have any hobbies?

I enjoy coaching lacrosse outside of school.

What is one interesting fact about you?

An interesting fact is that I was born three months early.

Alexsandra Tamayo

University of Maryland, Francis King Carey School of Law, 2L

Bachelor of Science in Sociology, Minor in Communication Studies, Towson University - Summa Cum Laude

Name of Firm: Whiteford, Taylor & Preston

Share something you’ve learned about the practice of law that you didn’t know before this summer.

During this summer, I learned truly how collaborative the practice of law is. Whenever there was an issue that I did not particularly understand, or needed help with- there was always someone who specialized in that practice area that was ready and willing to help. Furthermore, I learned how closely connected the Maryland legal community is.

What are your career aspirations?

I aspire to be a litigator. Although I am not 100% certain of the practice area yet, I am particularly interested in products liability/mass torts, personal injury, labor & employment, and medical malpractice.

Do you have any hobbies?

My hobbies include reading, plant shopping (I own too many plants as it is, yet I continue to purchase more), and trying new foods.

What is one interesting fact about you?

I am a first-generation high school graduate, college graduate, and soon to be law school graduate!

Dustin Lee Baker Koller

University of Maryland Francis King Carey School of Law, ’24

Environmental Sustainability and Human Ecology with a Minor in Economics and Public Policy, University of Baltimore

Name of Firm: Bowie and Jensen

Share something you’ve learned about the practice of law that you didn’t know before this summer.

While at Bowie and Jensen my biggest takeaway, other than the substantial litigation and transactional experience I gained, has been looking at the field of law as a service industry and that being a successful attorney not only requires superior knowledge of the law, but also exceptional client service.

What are your career aspirations?

I aspire to provide legal services to underserved clients and communities.

Do you have any hobbies?

My hobbies include cooking, tennis, and travel.

What is one interesting fact about you?

I have the lowest cholesterol my doctor has ever seen.

Evagevelly Posadas

University of Baltimore School of Law, ’25

B.A.,Law and American Civilization,Towson University

Name of Firm: Turnbull, Nicholson & Sanders, P.A.

Share something you’ve learned about the practice of law that you didn’t know before this summer. Discovery requires attention to detail and patience… a great deal of patience.

What are your career aspirations?

I hope to be the first attorney in my family and potentially a partner at a law firm. Do you have any hobbies?

I love to watch soccer with family and friends, especially during World Cup season!

What is one interesting fact about you?

I am bilingual - English and Spanish!

Hannah Lee

University of Maryland, 2L

B.A. in Politics, New York University

Name of Firm: Pessin Katz Law, P.A.

Share something you’ve learned about the practice of law that you didn’t know before this summer.

I have witnessed strategic methods to successfully depose witnesses/parties for a medical malpractice case. Also, I learned how to write post-judgment interrogatories, motions in limine, operating agreements, demand letters, and more!

What are your career aspirations?

I am still figuring out the type of law I want to do within private practice. Do you have any hobbies?

In my free time, I enjoy exploring new restaurants and cafes, staying active, going to sporting events, and singing.

What is one interesting fact about you?

One interesting fact about me is that I played with the Team South Korea softball team.

Tyrese McNair

University of Baltimore School of Law, 2L

B.A., Science in Law and American Civilization, Towson University.

Name of Firm: Silverman Thompson Slutkin & White, LLC.

Share something you’ve learned about the practice of law that you didn’t know before this summer.

Something that I’ve learned about the practice of law that I didn’t know before this summer is that the word “reasonable” has what seems to be an infinite amount of meanings and interpretations.

What are your career aspirations?

I hope to become a highly capable advocate for my clients, and a valued member of the bar, dedicated to enacting positive change in the legal profession and our shared society.

Do you have any hobbies?

I enjoy playing basketball, exercising, watching sports talk shows, and spending quality time with my family and friends.

What is one interesting fact about you?

I knew I wanted to be an attorney since the fourth grade.

Bench Bar Committee: June Meeting Update

The final Bench/Bar meeting of bar year 2022/2023 took place via Zoom on Thursday, June 8, with chairperson Marissa Joelson presiding.

Administrative Judge Ruth Jakubowski reported that the Circuit Court is very busy as always, and is back to working at full capacity. It does not have a backlog and the administration is aggressively scheduling cases. The Court expects the new jury assembly room to be completed by September of this year. A new streamlined adoption policy has been implemented. To that end, the Court is currently looking to fill a new magistrate position and there are eight qualified candidates the committee is ready to interview. The new magistrate’s duties will be split between family law and guardianship. Furthermore, this year, the one additional Circuit Court judgeship approved by the legislature was designated for Baltimore County and it is expected that the position will be advertised as soon as a new Judicial Nominating Commission is named this summer. Thus, there will be two vacancies because of the retirement of Judge Jakubowski technically effective June 16 at 4:30 p.m. Once those two positions are filled, there will be 21 Baltimore County Circuit Court judges. Upon the retirement of Judge Jakubowski, Judge Dennis Robinson took over as acting administrative judge as of 4:30 p.m. on June 16. His position as administrative judge became official as of July 25, which is Judge Jakubowski’s 70 birthday. Judge Jakubowski will be sitting in settlement court on Thursdays after her retirement.

Circuit Court Administrator Stephanie Medina advised that the jury selection room is coming along and echoed comments of Judge Jakubowski in stating that it should be completed by September.

Circuit Court Clerk Julie Ensor reported that her office still has several vacancies that need to be filled that are being advertised as we speak.

The magistrate’s report was provided by Magistrate Dilip Paliath, who advised that requests to obtain Department of Social Services (DSS) records are being reviewed by magistrates; therefore, due to the lengthy process that needs to be followed in handling such requests, the request needs to be made as soon as possible since it takes at least 60 to 90 days from the time of the request to the redaction and production of the DSS records. Magistrate Paliath also advised that once the additional magistrate is appointed, there will be nine

acting full-time magistrates.

Judge Dorothy Wilson provided the District Court bench report and advised that the volume of filings of landlord-tenant failure to pay rent cases are so high that they are now scheduling a second day of court. These cases are currently being held in courtroom #4 on both Thursdays and Fridays, which has caused a full day’s docket of minor traffic cases to be eliminated. With regard to daily bail reviews which are scheduled at 1:00 pm, the Towson District Court is experiencing too many technological glitches with the Zoom links; thus, they will be eliminated starting June 12. While the inmates will still be appearing remotely, counsel for the defendant must appear in person. Additionally, the bail review numbers have been increasing at a rate which will now require there to be two bail review dockets every Monday (and Tuesdays following a Monday holiday), seemingly due to the uptick in crimes committed over the weekends. The Court is also considering adding a second docket on Tuesdays, but Public Defender Jim Dills expressed some concern about staffing issues with the Public Defender’s office, so that will be tabled for the time being. Lastly, in the relatively near future, the District Court will be short three administrative staff members. As everyone who can retire is retiring and the District Court administrative offices are asking for everyone to be patient with the process.

District Court administrator Maria Fields advised that the court is catching up on its backlog, and despite the imminent loss of three judicial administrative staff members, they are otherwise almost fully staffed. If anyone needs to get in touch with one of the judge’s administrative staff, and can’t get through, feel free to contact Maria Fields.

Incoming president of the Baltimore County Bar Association Lisa Settles as well as Executive Director Rachel Ruocco reported for the BCBA Executive Council and advised that the year-end Stated Annual Meeting was to take place Thursday, June 15 at 4:30 p.m. with a reception at Barley’s Backyard Uptown to follow. There was also an advertisement for the baseball game, crabs and fireworks event at Ripken stadium on July 15. Lastly, current chairs of the BCBA subcommittees scheduled their organizational meetings for the near future.

States Attorney Scott Schellenberger advised that they

Build skills in fact-gathering, negotiation, in-court representation, counseling, and document drafting.

Offer free legal services in court and at community clinics.

continue to be very busy and are averaging roughly one murder trial per week. He commented on Judge Wilson’s observation that there was an uptick in bail reviews following the weekends and stated that he was aware that law enforcement was making an effort to make arrests on the weekend for outstanding warrants. He believes that policy has ended for the time being, which may have an effect on leveling off the number of bail reviews following the weekends. He was happy to report that the County Council has approved the budget of the office of the State’s Attorney that allows for three new prosecutors. In addition, three current vacancies will be filled on July 1 which will increase his staff of Assistant State’s Attorneys to a total of 62. In addition, the County Council approved a pay increase of $13,000.00 per year for incoming assistant state’s attorneys.

Baltimore County Public Defender James Dills reported that they are still short staffed and have multiple vacancies.

Lenny Shapiro began his report by thanking Judge Jakubowski for her service as a Circuit Court judge and in particular as the administrative judge the past several years and commented on the wonderful and effective trial judge she has been over the years, which prompted the panel to commend Judge Jakubowski with applause. He then reported on behalf of the criminal defense bar and commented that he is experiencing a problem with the production of Body Worn Camera (BWC) footage from the Office of the State’s Attorney. Scott Schellenberger advised that he would look into the issue and commented that the leader of the BWC unit has been on leave and they still have two new positions to be filled in that department, so hopefully the problem will be corrected once they are back to full staff. He also commented that because of the state of affairs, it seems as if more officers are reporting to the scene to investigate the reports of criminal activity; therefore, there are several more clips of footage that need to be processed than in the past.

Kerri Cohen reported on behalf of the Family Law Committee and advised that Martha White will be the incoming chair and they expect to schedule a planning meeting by Zoom in the relatively near future.

Alex Walsh reported on behalf of the Young Lawyers’ Committee and advised that the Field Day that they held on June 3 was successful, despite some complaints that the location was a little bit of a trek. They will strive to find a venue a little closer to Towson when they plan next year’s event.

Judge Robinson reported that the summer scholar program is up and running and is in its third year. There was a Happy Hour orientation for the summer scholars who have been placed with several local law firms. They have events planned throughout the summer including the scavenger hunt checklist.

Those that provided no report were the Orphans Court, the Register of Wills, Office of Administrative Hearings, the Baltimore County Office of Law, the Baltimore City Liaison, the Portrait Committee, and the Harford County Liaison.

– Stuart Schadt, Esq.

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B a r A s s o c i a t i o n

A N N U A L B A R Y E A R K I C K - O F F P A R T Y

Meet withBCBA Leaders-Committee Chairs & Executive Council!

Legal Service Organizations and Learn How to Give Back!

T h i s y e a r ' s D e s i g n a t e d C h a r i t y -

sept e m b er 7

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a n c e r S o c i e t y

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CLE Committee: Whoas of Grammar

On May 31, the BCBA presented “The Whoa(s) of Grammar Misadventures.” The CLE Committee sponsored the event with the help of visiting grammar expert Kelli Lakis. The presentation, which employed a quiz format available via Zoom, invited participants to answer a series of questions covering some of the more nuanced applications of rules governing punctuation, pluralization, and the distinctions between word pairs such as because/since, which/that, or among/between. We also discussed using the singular “they” as an evolving language area in which modern sensibilities differ from what many learned in school. The quiz was sufficiently challenging that nearly every question garnered a number of incorrect responses. Hopefully, all participants will remember these lessons when writing their next motion, brief, or Advocate article.

– Mike Jacko, Esq.

Criminal Law Committee: Criminal Law Update

Kobina Ebo Abruquah v. State of Maryland, No. 10, Sept. Term 2022

If you only scanned the headlines of multiple news outlets on June 21, 2023, you may be under the impression that ballistic toolmark identification is a thing of the past in Maryland state courts. The reports of its death, however, are greatly exaggerated. – Mark Twain. What the Supreme Court of Maryland did conclude is that ballistic toolmark identification is sufficiently reliable for an examiner testifying as an expert to express an opinion that the patterns and markings on bullets found at a crime scene are consistent or inconsistent with bullets fired from a specific firearm. The examiner may not, however, express the opinion that the unknown bullets were definitively fired from the specific firearm. Abruquah, slip op. at 1-2.

The holding arises out of an appeal from a conviction for first degree murder and related firearm charges tried before a jury in Prince George’s County in December of 2013. The issue of the admissibility of firearm identification evidence was first argued in the trial court under the Frye-Reed standard. While an appeal was pending from Mr. Abruquah’s second trial, the then Court of Appeals issued its Rochkind v. Stevenson, 471 Md. 1, (2020) opinion, and the matter was remanded for the trial court to evaluate the admissibility of the expert’s testimony in light of the newly adopted standard. Abruquah v. State, 471 Md. 249, 250 (2020). After taking additional testimony, the trial court reviewed each of the 10 factors enumerated in Rochkind and concluded that the testimony remained admissible. Abruquah, slip op. at 5. In this 4-3 opinion, the Supreme Court of Maryland began its analysis by noting that they review a trial court’s decision to admit expert testimony under an abuse of discretion standard. Id. at 6. They then reviewed Maryland Rule 5-702 governing the admissibility of expert testimony and the ten, Daubert-Rochkind, nonexhaustive list of “’factors in determining whether the proffered expert testimony is sufficiently reliable to be provided to the trier of facts.’” Id. at 7 (quoting State v. Matthews, 479 Md. 278, 310 (2022)). The Court summarized by stating “the overarching criterion for the admission of relevant expert testimony under Rochkind, and the goal to which each of the 10 Daubert-Rochkind factors and the five principles summarized in Matthews are all addressed, is reliability. The question for a trial

court is not whether proposed expert testimony is right or wrong, but whether it meets a minimum threshold of reliability so that it may be presented to a jury, where it may then be questioned, tested, and attacked through means such as cross-examination or the submission of opposing expert testimony.” Id. at 9. What followed is an incredibly detailed and thorough review of all of the evidence presented to the trial court regarding the reliability of firearm identification. If, as a practitioner, you have a firearm identification/toolmark issue, the discussions in both the majority and dissenting opinions are mandatory reading. For purposes of the Advocate, however, I will simply refer you to the opinion.

So, despite reports of its demise, the Court did not rule that the information is inadmissible. Rather they held “We do not question that firearms identification is generally reliable, and can be helpful to the jury, in identifying whether patterns and markings on ‘unknown’ bullets or cartridges are consistent or inconsistent with those on bullets or cartridges known to have been fired from a particular firearm. . . . However, based on the record here, and particularly the lack of evidence that study results are reflective of actual casework, firearms identification has not been shown to reach reliable results linking a particular unknown bullet to a particular known firearm. Id. at 55-56. The result being that while the proponent of the evidence may ask the expert if the markings are consistent with bullets fired from a specific firearm, they may not ask if the expert has an opinion regarding whether the bullets were fired from the specific firearm.

– Jennifer W. Ritter, Esq.

M E E T & G R E E T Annual Family Law Committee

Family Law Judges & Magistrates

September

Committee Reports

Diversity and Inclusion Committee: Diversity, inclusion, and the journeys of a disabled attorney

I attended the opening reception for the MSBA Leadership Academy, whereall, including me, applauded one of the first classes in the academy’s longhistory to be composed of a majority of women Fellows. As the sole lawyerand mentor with a guide dog at the reception, I listened to those wonderfulspeeches of newly minted Fellows and reflected upon disability inclusion.

Disability would be more integrated into society if it were recognized as amajor factor of the social fabric alongside all the other attributes andcharacteristics that make up a diverse society.

Disability is unique in that anyone may eventually experience a social recognition or a legal identification as having adisability. In particular, our society has often doubly disabled women with disabilities, both as women and then aspersons with disabilities, through antiquated attitudes, laws, and policies.

I have enjoyed a mixture of that which all lawyers with disabilities experience at some point: rich, meaningfuladventures and influence on public policy and also what seems like ingrained, intractable bias. Any lawyer withdisabilities partnered with a guide dog could be “on top of the world” one night speaking to hundreds, shapingpolicy. The next day, we enter a place of public accommodation only to experience an entirely separate set of encounters.

One learns to spot these presumptions or even explicit bias when leading an active, trailblazing life. In my long-termexperience, every occasion I enter a meeting or a board room and I am the “first blind person” a fellow professionalknows or where an unstated thought exists as to why I am at said place with my dog shows that bias remains. Allsectors of society, including the legal profession and the nonprofit sector led by lawyers, must support, and deependisability inclusion, including especially by women with disabilities.

As one positive step, I applaud the Biden administration for the 2021 Executive Order on Diversity, Equity, Inclusion, and Accessibility. This executive order expanded diversity work to include “A” for accessibility. I hope that thisexpands the diversity community to recognize disability as a dimension of diversity.

Power comes from being in the room. At a dinner with a client I orchestrated, one of my dining companions arguedthe need for “sponsorship,” placing people with diverse disabilities on boards, committees, and staff. This cannot bea “check-the-box” exercise but a process in which people with disabilities and other intersectional identities have achance to thrive without bias.

What a difference it would be for disability inclusion if a majority of members of a board room or a pipeline programwere those with disabilities?

Websites, mobile applications, and social media must be considered as a place of public accommodation. Theevolving range of social dialogue and informationsharing tools must also be accessible and usable by people withdisabilities.

While this regrettably yet occurs, as a general rule society no longer tolerates denying access to other historically marginalized groups, such as Blacks, to a coffeehouse or to a restaurant. Still, even if the U.S Department of Justice soon issues a final rule on digital accessibility, some will dismiss those provisions as burdensome regulations and annoying civil rights requirements for blind people. Some business actors will inevitably argue for the need for Trump-era “people-over-paperwork” notions.

I physically live on edges and ledges, requiring grace and help from outside sources. I have been blessed and honored to collaborate with guide dogs for 20 years. Even the best of guide dogs navigates closely to a curb. This requires a compassion and a resiliency; two beings must collaborate for success both on the physical edges and ledges of life as well as the figurative ones that society would impose.

In conclusion, I must be a partner with my guide dog, Bowie, and he my partner. Likewise, all of us must be, thoughtful allies of other marginalized groups if we are to embody and to model Diversity, Equity, Inclusion, and Accessibility.

Congratulations to the 2022-23 class of Fellows, especially to any who may have a disability.

– Gary C. Norman, Esq. Originally published in the Maryland Daily Record, October 7, 2022

Committee Reports

Young Lawyers Committee: Family Field Day Fundraiser

The Young Lawyers Committee hosted its first annual Family Field Day Fundraiser on Saturday, June 3rd. The Field Day was generously hosted by Committee Member, John Anderson, at his privately-owned farm in Parkton, Maryland. It was a beautiful day and the event included a large assortment of delicious food and drinks, plenty of lawn games with prizes, live music provided by “Off the Ladder,” and even an ice cream truck with complimentary sweet treats! We were glad to see so many bar association members, their families and friends enjoying the day together. Proceeds from the event benefited the Safe Alternative Foundation for Education. The Young Lawyers Committee looks forward to hosting another fun Field Day in Spring 2024!

– Valerie E. Taylor, Esq.

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BCBA DIVERSITY AND INCLUSION COMMITTEE

PRESENTS: AFFIRMATIVE ACTIONPAST, PRESENT & FUTURE.

October 4th,

5:30pm

University of Baltimore School of Law 1401 N Charles St, Baltimore, MD 21201

This moderated expert panel discussion will speak about the recent U.S. Supreme Court decision and its impact on the pipeline to law school and beyond.

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(F)