TheAdvocate VOLUME XXXII, NO. 8 Newsletter of the Baltimore County Bar Association March 2023 Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Law Firm Albers & Associates Title Sponsor - Corporate Growth Solutions Team Signature Sponsors - Corporate Minnesota Lawyers Mutual Multi-Specialty HealthCare USI Vallit Advisors Partner Sponsor - Law Firm Frost Tax Law Rice, Murtha & Psoras Partner Sponsor - Corporate Adobe Chart Squad Clio CRC Salomon Optimize My Firm Pohlman USA 2022 AWARDS FOR PUBLICATION EXCELLENCE WINNER Celebrating Women’s History Month First South Asian Female Lieutenant Governor of Maryland Aruna Miller First Female Executive Director of the Maryland State Bar Association Anna S. Sholl First Female Comptroller for the State of Maryland Brooke Lierman
It comes in like a lion and goes out like a lamb, this cursed month of March. Ralph Waldo Emerson compared the month to a snapshot of life itself, “Life is March weather, savage and serene in one hour.” So bundle up BCBA, but know that spring is on the way.
We had an extremely short yet productive Stated Meeting on February 16, 2023. The new slate of Executive Council Officers was read, with yours truly accepting the ex officio designation with mixed emotions, and Stuart A. Schadt, Esquire, commencing his 10-year journey to the presidency. The J. Earle Plumhoff Professionalism Award was presented to Laurie M. Wasserman, Esquire, by Christine A. Malanga, Esquire. Congratulations again, Laurie, on this much-deserved accolade!
We held a Sponsor Appreciation Breakfast at Hunt Valley Golf Club on February 25, 2023. It was extremely
well attended and a great opportunity to network with and show our appreciation for our wonderful annual sponsors. Thank you Albers & Associates, Growth Solutions Team, Minnesota Lawyers Mutual, MultiSpecialty HealthCare, USI, Vallit Advisors, Frost Tax Law, Rice, Murtha & Psoras, Adobe, Chart Squad, Clio, CRC Salomon, Optimize My Firm, and Pohlman USA
Sponsorships and event attendance are extremely important to our continued financial success. Remember, when you register for an event, support a sponsor, and, of course, pay your dues, you are supporting your organization, into which generations of attorneys have poured their blood, sweat, and tears. Your support is essential to our survival.
With that in mind, as we enjoy our 50-degree temperature swings, please take the time to register for the spring’s coming events:
3.2.23 – Bar Wars Team Trivia
3.23.23 - Chopped Cooking Competition for Charity
4.20.23 - Retirement Happy Hour for Judge Ruth Ann Jakubowski
5.1.23 – Law Day – Noon Ceremony
5.8.23 – Golf Tournament
6.3.23 – Young Lawyers Field Day
All of these events can be found on our website and in the links above. Register today!
See you around the Courthouse.
- Jack Turnbull Your 104th President of the Baltimore County Bar Association
The Advocate 2
Message
The President’s
Download the NEW Baltimore County Bar Asssociation App on Google Play or App Store
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
Melissa Murphy
Mary E. O’Byrne
Ceecee Paizs
Jennifer W. Ritter
Ralph L. Sapia
Eric N. Schloss
Valerie E. Taylor
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.
March 2023 3
Jill Blum Graphic Designer Contributing Writers Mike Barranco Jon Cardin Todd deStwolinski Cynthia L. Leppert Snehal Massey
Ask The Trial Doctor 43 BCBA Events Sponsor Breakfast 23 Stated Meeting .................................................................. 25 BCBA Spotlight MSBA Executive Director Anna S. Sholl .......................... 15 Murphy Scholarship Recipient Andrew Conn 19 Change of Venue .............................................................. 21 BCBA Feature: National Women’s History Month 31 Civil Law Update .................................................................. 28 Committee Reports Bench/Bar Committee ...................................................... 34 Criminal Law Committee ................................................. 35 Diversity, Equity, & Inclusion Committee ......................... 32 Family Law Committee ..................................................... 42 Legal Technology Committee ........................................... 38 Maryland State Bar Association ........................................ 40 Professionalism Committee ............................................... 36 Young Lawyers’ Committee .............................................. 39 Court Notices & Calendars .................................................... 4 Lawyer Assistance Program .................................................. 12 Legislative Update ................................................................... 9 The President’s Message ......................................................... 2 Inside This Edition Publication deadline: 20th of the month preceding publication.
Court Notices
March District Court Schedule
JUDGES: GML
George M. Lipman, NRS-Norman R. Stone, JIL-Jack I. Lesser, SDW- Steve D. Wyman, RDZ-Ricardo D. Zwaig 9Y8, MBJ-Megan B. Johnson 9N6, NB-Nathan Braverman 9R1, KEM – Keith E. Mathews, MCR – Mary C. Reese, DEC- David E. Carey, NET – Nicole E. Taylor, 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, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps, KCM-Kathleen C. Murphy, DJW-Dorothy J. Wilson
* Judges’ assignments are subject to change without further notice
The Advocate 4
BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR MARCH 2023 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 8-1 #1 MCR KP KP JIL KP KP KP SCZ KP KP KP KP MBJ JIL KP KP KP KP KP KP KP KP KP 8-1 #2 KYW KYW SCZ KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW KYW 8-1 #3 8-1 #4 8-1 #5 MWS SCZ GML KCM MWS MWS MWS MWS MWS MWS MWS MWS X MWS MWS MWS MWS MWS MWS MWS MWS MWS MWS 8-1 #6 8-1 #7 KDP KDP KDP KDP KDP KDP KDP GML RDZ NRS RDZ SDW MWS KDP KDP KDP KDP KDP KDP KDP KDP KDP KDP 8-1 #8 GJP GJP GJP GJP GJP LAP GJP GJP GJP GJP GJP GJP GJP GJP KCM GJP GJP GJP GJP GJP GJP GJP GJP 8-4 #1 DJW/ pm DJW/ pm DJW/ pm SCZ/ pm 8-4 #2 MLR MLR MLR MLR MLR MLR MLR MLR SCZ SCZ SCZ SCZ SCZ MLR MLR MLR MLR MLR MLR MLR MLR MLR MLR 8-4 #3 KCM KCM* KCM DEC KMD KCM KCM KCM KCM KMD KCM KCM KCM KCM GJP KCM NB KCM KCM KMD KCM SDW KEM 8-4 #4 LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR LR 8-4 #5 KMD KMD KMD KMD KCM SCZ KMD KMD KMD KCM KMD KMD X KMD SDW NRS SDW SDW KMD KCM KMD KMD KMD 8-4 #6 KP KJR KJR KJR KJR KJR KJR KJR JIL KJR KJR KJR KJR KJR KJR KJR KJR KJR KJR KJR KJR KJR KJR 8-5 #1 BEF BEF BEF BEF BEF BEF BEF BEF BEF BEF BEF BEF BEF NRS SCZ SCZ SCZ SCZ NRS SCZ SCZ SCZ BEF 8-5 #2 MTP MTP NRS MTP MTP MTP GML MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP MTP 8-5 #3 LAP LAP LAP LAP LAP NET LAP LAP LAP LAP LAP LAP SDW LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP
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Don’t forget to update your information on our website! Click here to access or go to www.bcba.org
March District Court State’s Attorney’s Schedule
Date: 1
CA2 RIGER CA7 FISH
EX1 SNYDMAN (PM ONLY) EX2 SMITH / BROCATO EX3 CHRISTIE
Date: 2
CA2 YORK CA5 BROOKS / FULLER CA7 VINES
EX1 PHILLIPS / BORITS EX2 LEGALL EX3 ABELL / MAIESE
Date: 6
TO3 COHEN TO4 BROOKS TO5 SMITH / BROCATO
Date: 7
TO2 PENDLETON
TO3 PHILLIPS (PM ONLY)
TO4 FISH
TO5 ABELL / MAIESE
EX1 LEGALL EX3 CHRISTIE
Date: 8
CA2 SMITH / BROCATO CA7 YORK
EX1 BROOKS (PM ONLY) EX2 SNYDMAN EX3 VINES
Date: 9
CA2 CHRISTIE CA5 RIGER CA7 LEGALL
EX1 FISH EX2 PHILLIPS EX3 PENDELTON
Date: 13
TO3 ABELL / BROCATO
TO4 SNYDMAN
TO5 VINES
Date: 14
TO2 BROOKS
TO3 YORK (PM ONLY)
TO4 PENDELTON
TO5 RIGER
EX1 MAIESE EX3 SMITH
Date: 15
CA2 LEGALL CA7 PHILLIPS
EX1 SNYDMAN (PM ONLY)
EX2 FISH / BROCATO EX3 ABELL
Date: 16
CA2 PENDLETON CA5 VINES CA7 BROOKS
EX1 CHRISTIE EX2 MAIESE EX3 YORK
Date: 20
TO3 CHRISTIE
TO4 PHILLIPS TO5 LEGALL
Date: 21
TO2 YORK
TO3 FULLER / BROCATO (PM ONLY)
TO4 ABELL
TO5 FISH
EX1 PENDELTON EX3 SNYDMAN
Date: 22
CA2 CHRISTIE CA7 BROOKS
EX1 PHILLIPS (PM ONLY) EX2 MAIESE EX3 SMITH
Date: 23
CA2 SNYDMAN CA5 ABELL / BROCATO CA7 YORK
EX1 VINES EX2 FISH EX3 PENDLETON
Date: 27
TO3 SMITH
TO4 BROOKS TO5 SNYDMAN
Date: 28
TO2 RIGER / BROCATO
TO3 MAIESE (PM ONLY)
TO4 LEGALL
TO5 VINES
EX1 PENDLETON EX3 CHRISTIE
Date: 29
CA2 ABELL CA7 SMITH
EX1 BROOKS (PM ONLY) EX2 FISH EX3 PHILLIPS
Date: 30
CA2 FULLER / BROCATO CA5 LEGALL CA7 YORK
EX1 RIGER EX2 VINES EX3 MAIESE
March 2023 5 Court Notices
TUESDAY WEDNESDAY THURSDAY
MONDAY
Calendar of Events Please go to www.bcba.org and click on Calendar for an up-to-date listing of programs, events, and to register for all programs and events.
The Advocate 6
CIRCUIT COURT FOR BALTIMORE COUNTY THIRD JUDICIAL CIRCUIT
Wendy S. Epstein
County Courts Building JUDGE Towson, Maryland 21204 410-887-3650
Notice to the Bar:
Effective January 1, 2023, Pendente Lite Hearing will be offered to unmarried parents at the time of the Scheduling Conference. Parties may request up to a half day Pendente Lite Hearing on issues of support and access. The Magistrates will also have the option of referring the parties to same day mediation. In all cases where a Pendente Lite Hearing has been scheduled, the time between the hearing and the Settlement Conference has been shortened and a postponement may need to be requested should exceptions be filed.
Congratulations to the 2023 Summer Scholars Class
The Diversity and Inclusion Committee’s Summer Scholars Program (“Program”) seeks to increase the diversity of the Baltimore County legal community by placing law students with participating firms throughout Baltimore County. After vetting over 75 applications and conducting more than 20 interviews, the Program placed seven law students with participating law firms. In addition to the work-related duties of being a summer associate, the Program requires each participant to attend educational and networking functions throughout the summer.
The Program is pleased to announce its 2023 Summer Scholars Class and participating law firms:
Isaac De Law Cruz Levin Gann, PA
Ahmed Jackson The Law Offices of Frank Daily
Dustin Koller Bowie & Jensen, LLC
Hannah Lee PK Law
Tyrese McNair Silverman Thompson
Evagevelly Posadas Turnbull, Nicholson & Sanders, PA
Alexsandra Tomayo Whiteford | Taylor | Preston
The BCBA would like to thank the participating law firms, whose support and commitment enables the Program to exist each year. The Summer Scholars Class will be invited to upcoming BCBA events, including Law Day on May 1, 2023 and the Stated Meeting on June 15, 2023. Please make sure to welcome this year’s class!
March 2023 7 Court Notices
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M ake A M ove To d ay.
Workgroup on Selecting and Retaining Judges
Last year, a judiciary workgroup commenced a sixmonth study to perform a fair, balanced, and exhaustive examination of the various methods of selecting and retaining appellate and trial judges throughout the country based on academic research, public testimony, and discussions with subject matter experts. It will then make recommendations for Maryland to safeguard judicial independence, ensure accountability, recruit high-quality judges, deliver a diverse judiciary, maintain public trust and confidence, and include public education and participation.
Members of the workgroup include circuit and appellate judges and retired judges, both appointed and elected, academics, practitioners, and community representatives. This is an ethnically, racially, and professionally diverse group. The work product will eventually be:
1) a report on the current state of judicial elections and the findings of the workgroup based on academic examination, public testimony, and discussions with subject matter experts, and
2) recommendations for change or to retain the status quo to the Legislative Committee of the Judicial Council and eventually to the Governor and legislature. Its charge has been to perform a fair, balanced, and exhaustive examination of the various methods of selecting and retaining trial judges throughout the country and make recommendations based on that study. The study has included a literature and research review, including sources such as the Brennan Center, the National Center for State Courts, the Institute for the Advancement of the American Legal System, the American Bar Association, academia, and advocacy materials from multiple perspectives. Additionally, the group has reviewed Maryland’s current and historical judicial complement based on gender, race, and ethnicity. Finally, the workgroup held many evening public meetings with subject matter expert presentations and a public hearing for stakeholders and citizens on all sides of the issue.
I attended all the meetings and testified at the public hearing. This workgroup’s examination began as a “referendum on judicial elections,” but as the expert testimony advanced to a well-balanced committee, it became clear that substantial improvement to the nomination process could diminish the intense feelings about judicial elections on all sides. I will not be surprised
if the Governor takes serious consideration to the suggestions of the workgroup on the judicial nomination process as he drafts his Executive Order outlining the judicial nomination process.
While I have previously sponsored bills to eliminate contested elections because I do not believe there is room for partisan politics in the judiciary, I believe that any serious consideration of change to the policy on circuit court judicial elections will be postponed, as it would require a Constitutional Amendment on the ballot. And let me be clear, there are thoughtful and articulate voices on all sides of this issue, and the debate of the workgroup will continue to be interesting.
Below are the links to all the important information from the Workgroup.
Workgroup General Materials: www.courts.state.md.us/ judicialselectionworkgroup/materials
Public Hearing
Testimony: www.courts.state.md.us/ judicialselectionworkgroup/publichearing
Zoom Meetings
Recordings: www.courts.state.md.us/ judicialselectionworkgroup/meetings
Judiciary Committee Leg. Briefing: www.courts.state. md.us/judicialselectionworkgroup/legislative
The Honorable Kathleen M. Dumais (Circuit Court for Montgomery County), Co-Chair, compiled the below synopsis of the first six meetings :
1st Meeting - 9/19/2022 – John Kowal, Vice President of Program Initiatives from the Brennan Center for Justice in New York, discussed his scholarly article “Judicial Selection for the 21st Century.” He provided an excellent review of how judges have been selected throughout our country’s history.
He opined, “Broadly speaking, state judges are chosen in one of five ways: gubernatorial appointment, legislative appointment, partisan elections, nonpartisan elections, and commission-based selection. Each method arose at a different period in the nation’s history, responding to specific needs and concerns of the day. But they were all intended to ensure an appropriate balance of independence and accountability.” The best practice remains a matter for debate that is not settled.
2nd Meeting - 10/17/2022 – Review of Maryland’s current Judicial Selections Process
a. A comparison of the Executive Orders creating
March 2023 9
Legislative Update
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Judicial Nominating Commissions from the past four governors
b. The application for judicial vacancy
c. The role of state, county, and specialty bar associations - MSBA and several leaders of specialty bars presented to the Workgroup.
d. Judicial Nominating Commissions – Procedures and process
e. Governor’s vetting and appointment process –Governor Hogan’s chief legal counsel, Christopher Mincher, presented at the meeting.
3rd Meeting - 11/14/2022 – Brittany Kaufman, the CEO of the Institute for the Advancement of the American Legal System (IAALS), presented the O’Connor Judicial Selection Plan to the Workgroup. The O’Connor Judicial Selections Plan was initially published in June 2014. The plan was developed through the Quality Judges Initiative of the IAALS, University of Denver.
The four tenets of the O’Connor Plan are as follows:
- Judicial Nominating Commissions (JNC): At the front end of the process, there should be a screening entity that identifies the list of final candidates for the Governor. Their structure and composition must provide a climate that fosters public confidence in the process while encouraging highly qualified applicants to apply. They should be balanced by race/ethnicity, gender and geographical diversity.
- Gubernatorial appointment: It is important that the nominating process be honored and that the Governor’s choice be limited to the nominees whose names come from that process. The O’Connor Plan also recommends a finite time for the appointment to be made to avoid the possible limbo of nominations that stretch on indefinitely and become political bargaining chips.
- Judicial Performance Evaluation and Public Education: Accountability and public education are core values of the Plan. The Plan suggests
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The Advocate 12
independent judicial performance evaluations be conducted prior to retention elections. The evaluations would be about procedural fairness, demeanor, and knowledge – not about particular outcomes in individual cases.
- Retention Elections: Under the Plan, this is the point in the process where the voters have their say about judges. Judges are “retained” in office or not based on the electorate’s vote. Judicial performance evaluations would play a critical role in providing voters with objective and broad-based information about the judge’s performance – information that is often lacking in judicial elections, especially when they are highly politicized. One purpose of Judicial Performance Evaluations is for self-improvement and feedback to individual judges. But the primary purpose is to allow voters to cast informed votes when the judges appear on their ballots.
Public Hearing - 11/28/2022 – We held a three-hour public hearing that afternoon. Over 20 individuals or groups presented on all sides of the issue of elections, as well as JNCs, public participation in the process, and one individual who testified that he had to pay for his own ASL interpreter to appear before a JNC. We heard from individual citizens, several judges, the Women’s Law Center, state and county bar associations, specialty bar associations, including the J. Franklyn Bourne Bar Association, the Howard County NAACP, and others.
4th Meeting - 12/5/2022 – This meeting focused on finances in judicial campaigns in Maryland. We also heard a presentation by Neel Sukhatme, who is an Associate Professor at Georgetown University Law Center. He holds a JD and a Ph.D. in Economics. He presented
his research entitled “Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment Right to Counsel.” It is the first empirical analysis of how campaign finance distorts criminal trial court decisionmaking. The data is limited to Harris County (Houston, Texas). Professor Sukhatme suggests that “pay to play” may be endemic across that state. Texas does not have a publicly funded public defender. Therefore, all attorneys appointed to represent indigent defendants are appointed by trial court judges – who run regularly in highly contested, partisan elections. The research showed that attorneys who contributed to campaigns received more appointments and further showed that those attorneys spent less time on each case and provided decidedly worse representation for their clients than attorneys appointed who did not make campaign contributions. In fairness, this does not really apply to Maryland given that we have a publicly-funded Office of the Public Defender. But the article is frightening to read and instructive in the overall discussion regarding the best judicial selection model.
5th Meeting - 1/9/2023 – This meeting concerned JNCs and reforms that will provide more transparency, consistency, and public input. The Governor’s chief counsel, Amanda LaForge, and her deputy attended this meeting via Zoom. We are finalizing our proposed recommendations regarding JNCs shortly and will certainly share them with Governor Moore and his staff.
– Delegate Jon Cardin, Esq.
March 2023 13
Legislative
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Update
The Advocate 14
Congratulation to MSBA Executive Director and BCBA Member Anna S. Sholl
On November 1, 2022, BCBA member Anna S. Sholl began serving as the new executive director of the Maryland State Bar Association. Before being named the permanent executive director of the MSBA, Anna briefly served as the acting executive director during the transition following Victor L. Velazquez’s departure from the MSBA in September of 2022 to pursue another opportunity in the for-profit sector. Anna has been with the MSBA since 2018, most recently serving as the chief operating officer before being selected as the executive director by the MSBA Board of Governors. Her appointment was the culmination of extensive efforts of a search committee chaired by four MSBA past presidents. According to the MSBA’s press release regarding Anna’s appointment, as executive director, she leads the MSBA’s staff, manages the day-to-day operations of the MSBA, finalizes implementation of the MSBA’s existing strategic plan, and works with volunteer leaders “to build an association poised to support the future of the legal profession.”
Anna thinks of her pathway in the law that led her to her current position as being somewhat non-traditional. She received her bachelor’s degree from UMBC in 2004, majoring in political science and economics. Prior to attending law school, she had extensive experience in business and leadership both in retail and office environments, including working as a manager of a commercial real estate research and analytics company. She oversaw teams ranging from 10 to 100 individuals and focused on creating a culture of collaboration, trust, and professional development of her colleagues. In her business career (prior to law school), she was exposed to legal professionals and enjoyed the transactional work. Ten years after graduating from college, Anna received her Juris Doctor degree from the University of Baltimore School of Law in 2014 (graduating summa cum laude), completing her lifetime dream of attending law school. While attending UB Law, she was drawn to opportunities such as the Business Law Clerkship Program and the Community Development Clinic, which drew upon her pre-law school business and leadership experience and her interests.
Following law school, Anna joined Pessin Katz Law, P.A. (PK Law) in Towson as an associate in its general litigation department, having worked at PK Law as a summer associate the summer prior to graduating. As an
associate, she worked primarily with Patricia Lambert on insurance coverage and other commercial litigation matters. Anna was part of an innovative legal project management team at PK Law designed to efficiently handle numerous insurance coverage matters arising out of Superstorm Sandy. She described that work as intellectually challenging and creative, as such project management practices were not typically applied in the legal setting.
In 2018, Anna learned of an opening at the MSBA which she found particularly intriguing because it paired her interest in the legal profession with her prior experience in business and leadership. Although she was initially hired to head up the MSBA’s solo and small firm and practice management initiatives (replacing Patricia Yevics when she retired) Anna quickly took an interest in the extensive and innovative changes happening at the MSBA to improve member services. She was excited to become part of the MSBA team and Victor Velazquez was open to expanding her roles at the MSBA, including her work supporting the MSBA Strategic Vision and Strategic Implementation Committees. As Anna puts it, “the rest, they say, is history.”
With respect to the relationship between the MSBA and local bar associations such as the BCBA, Anna views the two as having a symbiotic, rather than competitive,
March 2023 15 BCBA Spotlight
Anna S. Sholl
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relationship. She believes that both the MSBA and local bars, such as the BCBA, bring great value to their memberships. Both organizations support the profession as a whole and individual members in countless ways. According to Anna, membership in the MSBA and BCBA is centered, in part, around the idea that being a lawyer is not just a job, but a profession that is an integral and important part of our democratic society. Anna notes that it is the goal of the MSBA to “be there” to help lawyers when they need information and advocacy, to provide continuing professional education and to assist and support lawyers in numerous other ways. She notes as an important example that the MSBA’s Lawyer Assistance Program is available to lawyers, judges and law students facing substance abuse, addiction, or mental health complications and even those facing loneliness in the profession. She wants members to think about the MSBA as being a resource to “help them do a better job of what they do every day” in their practices. She believes the resources and information the MSBA provided to members during the COVID pandemic underscored the MSBA’s mission to support the profession.
Anna’s philosophy is that the MSBA is to “show up where its members are” throughout the state. The MSBA plans
to continue to have meet and greets and functions in many jurisdictions where members can interact with the leadership volunteers and MSBA professional staff. Her motto is the MSBA “needs to go to members instead of members coming to us.”
Anna and the MSBA are excited to once again host an in-person Summit & Annual Meeting this June in Ocean City. After receiving positive feedback from the 2022 event, the event will return to the Roland E. Powell Convention Center. The legal summit will offer over 75 substantive programs across eight learning tracks, nationally recognized keynote speakers, including former Lt. Governor and MSNBC contributor, Michael Steele, plus multiple receptions, and networking opportunities. As she notes the legal summit is “the one event each year where we welcome attorneys from every corner of the state and beyond, to learn, connect, and celebrate the profession. You truly need to be there to experience it.”
The BCBA congratulates Anna on her new role as the MSBA’s executive director and looks forward to continuing its relationship with the MSBA.
– The Honorable Michael S. Barranco
March 2023 17
BCBA Spotlight
The Advocate 18 A Debt-Relief Agency Serving all of Baltimore County for over 25 years, we represent business and personal bankruptcy— we can help you get back to normal. The Law Offices of Nicholas J. Del Pizzo, III Baltimore, Maryland • 410-288-5788 CALL 1-800-BANKRUPT
BCBA Spotlight
Congratulations to Andrew Conn, Murphy Scholarship Recipient
On Friday, February 17, 2023, the University of Maryland Carey School of Law held its Annual Scholarship Reception at Westminster Hall. As sponsors of the Honorable Joseph F. Murphy, Jr. ’69 Scholarship Endowment, Richard Karceski and Steve Nolan were invited to join the Inaugural Murphy Scholar, Andrew Conn, a first-year law student and 2016 graduate of the U.S. Naval Academy, at the Reception.
Andrew continues to serve on active duty while attending Law School as a participant in the Navy’s JAG Corps Law Education Program. Andrew will be the guest speaker at the March meeting of the Dissenters Law Club.
As most BCBA members know, Judge Murphy taught Trial Practice at the University of Maryland Law School for 41 years and Evidence at the University of Baltimore Law School for 43 years.
For more information on how you can support Judge Murphy’s Scholarship, please contact Shara Boonshaft ’02, Assistant Dean for Development & Alumni Relations at sboonshaft@law.umaryland.edu or make an online gift at www.givecampus.com/ campaigns/27840/donations/new?a=5735840&designation=josephfmurphyjrscholarshipendowment.
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(L to R ) Richard Karceski, Andrew Conn, and Steve Nolan
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The Advocate 20
Change of Venue
Michael J. Lentz Joins Tydings & Rosenberg, LLP
Tydings & Rosenberg LLP, a Baltimore law firm that serves individuals and businesses in Maryland, D.C., and Virginia, through its offices in Baltimore and Towson, welcomes Michael J. Lentz as a partner in its litigation, bankruptcy/ creditors’ rights, and business departments.
Mr. Lentz is a partner in the firm’s litigation and business departments as well as its estates and trusts practice group. He has 25 years of experience representing and advising businesses, and the people who own and manage them in commercial litigation, transactional matters, and day-to-day corporate governance. Mr. Lentz also represents trustees, personal representatives, and beneficiaries in fiduciary litigation. His commercial litigation practice includes matters ranging from routine contract or employment disputes to bet-thecompany litigation, in industries such as commercial and agricultural lending, health care, financial services, and construction.
Mr. Lentz graduated from the Georgetown University Law Center in 1998. He is also a graduate from the
Princeton University School of Public Policy and International Affairs and the Gilman School in Baltimore.
Mr. Lentz has taught Legal Analysis, Research, and Writing at the University of Baltimore School of Law, has served on the Board of Trustees of the Alumni Association of the Gilman School, and has served on the Alumni Schools Committee for Princeton University. He is also proficient in Spanish.
Maryland Super Lawyers magazine has named him as one of the top attorneys in Maryland for business litigation from 2014 through 2018 and again from 20212023. Only five percent of the lawyers in the state are named by Super Lawyers. The selections are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal Division.
Diane D’Aiutolo, the firm’s managing partner, remarks, “We are very pleased to have Michael join the firm. His experience complements our business and litigation practices and will provide an added benefit to our clients and the firm.”
Tony Balsamo & Christian J. Miele Named Partners at Pinder Plotkin
Balsamo, who joined Pinder Plotkin in October 2021 as a senior litigation associate and now leads the firm’s litigation practice, has a diverse legal background and practices in the areas of personal injury, litigation, auto accidents, premises liability, dog bites, and workers’ compensation claims. As a former comissioner in the District Court of Maryland, Balsamo has a great demeanor to walk clients through challenging personal injury cases.
Miele leads the firm’s estates and trusts practice. He joined Pinder Plotkin as an associate in 2017 and was named partner in 2023. A leader in both state and local government, and a former legislator, Christian brings nearly a decade of public service experience to the team. He was elected in 2014 to the Maryland House of Delegates, where he sat on the House Health and Government Operations Committee and Maryland General Assembly’s Joint Committee on Behavioral Health and Opiod Use Disorders. He then served as deputy secretary of the Maryland Department of Disabilities from 2019 to 2023. Miele also briefly served in the Maryland Senate, having been appointed by Gov. Larry Hogan to fill a short-term vacancy. He is currently the public information officer Cecil County Government.
March 2023 21
The Community College of Baltimore County’s Criminal Justice Studies and Legal Studies departments are hosting a Career & Internship Fair on Thursday, April 20 from 9am-11:30am on the CCBC Essex Campus, 7201 Rossville Blvd.
CCBC is looking for interested employers to attend – the Fair is FREE to employers, students, alumni, and the public. Interested in participating? Use the MS Forms link or QR code below to register your company. Questions?
Contact Donna Mandl at dmandl@ccbcmd.edu. Want a prime location for the event, register by March 15. Deadline to register is April 15.
The Advocate 22
CJ-Legal Career Fair Registration Link
Lawyers Needed! The Baltimore County Circuit Court Self-Help Office & the BCBA are seeking volunteer lawyers to meet with self-represented litigants by appointment regarding civil & family matters. Scan the QR Code to sign-up to meet with a litigant Check your email for appointment details Meet with the litigant for 20 minutes in the Law Library 1 2 3 Here's How It Works: 30-minute shifts available Every Wednesday from 9 AM-3 PM Baltimore County Circuit Law Library, 2nd Floor 401 Bosley Ave, Towson, MD 21204 Scan here! For more information, contact Ms Terrell Warren at baltcoselfhelp@mdcourts gov Lawyers Needed! The Baltimore County Circuit Court Self-Help Office & the BCBA are seeking volunteer lawyers to meet with self-represented litigants by appointment regarding civil & family matters. Scan the QR Code to sign-up to meet with a litigant Check your email for appointment details Meet with the litigant for 20 minutes in the Law Library. 1 2 3. Here's How It Works: 30-minute shifts available Every Wednesday from 9 AM-3 PM Baltimore County Circuit Law Library, 2nd Floor 401 Bosley Ave, Towson, MD 21204 Scan here! For more information, contact Ms Terrell Warren at baltcoselfhelp@mdcourts gov
Sponsor Breakfast
On February 24, 2023, the BCBA hosted a Sponsor Recognition Breakfast at Hunt Valley Country Club. Overlooking the bucolic setting of the club’s golf course (which is the location of our Annual Charity Golf Tournament on May 8!), attendees enjoyed a delicious breakfast and a few words of gratitude from Rachel Ruocco, BCBA’s executive director. The event was a small token of the BCBA’s appreciation for all that our annual sponsors do for the BCBA and its membership. In addition to Rachel and her staff, President Jack Turnbull and an assortment of BCBA committee chairs and vice chairs, the following annual sponsors attended the breakfast: Minnesota Lawyers Mutual (Kiernan Waters), Vallit Advisors (Robert Carter, Harry Sturgis, Samantha Fisher), Multi-Specialty HealthCare (Bruce Laird, Kailin Miner), USI Affinity (Alex Faulds, Rich Buzza), CRC Salomon (Dennis Rudolph, Chris Brooks), Albers and Associates (Myles Friedman, Julie Reamy) and Frost Law (Eli Noff). Thank you for joining us and for your continued support of our bar association.
March 2023 23 BCBA Event
The Advocate 24
Stated Meeting: Report on the February 16, 2023 Stated Meeting and Presentation of the J. Earle Plumhoff Professionalism Award to Laurie Wasserman.
The Stated Meeting of the BCBA was conducted on February 16, 2023, in the Ceremonial Courtroom in the Historic Courthouse. BCBA President Jack Turnbull called the meeting to order. The October 20, 2022 Stated Meeting minutes were approved. President Jack Turnbull then presented the Treasurer’s report on behalf of Treasurer Richard Grason, IV, and it was reported that revenues and expenditures are expected to fall within the budget by the end of the bar year. Standing committees reported the following highlights:
a. ADR – A lunch program will occur on April 13th concerning fee arbitration.
b. Advocate – Reminder that the deadline to submit articles is the 20th of each month for the next issue. Committee chairs were asked to assign a committee member to write an article for any committee events so they can be highlighted in the Advocate.
c. Bench/Bar – Remote meetings to continue.
d. Criminal Law – The Guns & Drugs program will continue with part two of the program. The first half (“guns”) was on December 14, 2022 and was very successful. The second half (“drugs”) will be held after the drug courts first graduating class. In addition, the Office of the Public Defender Appellate Division needs panel attorneys. If you’re interested, contact Stuart Schadt or Marc DeSimone.
e. DEI – Seven summer scholars were placed at various law firms. In addition, the Committee will host a spring program on implicit bias.
f. Entertainment – Three upcoming events, all of which benefit SAFE:
(1) Trivia Night on March 2nd, 2023 at Barley’s Backyard;
(2) CHOPP’D on March 23rd, and
(3) the BCBA Golf Tournament on May 8th.
g. Family Law – A happy hour at Banditos was planned for February 23rd. It was a meet and greet for the new judges who are on the family law rotation. Magistrates were also in attendance. On March 27th, a virtual lunch and learn will occur
with the magistrates to discuss the process of screening family law motions. Finally, there will be a joint program with the ADR and Fee Arbitration Committees, which will be a lunch and learn about fee arbitration.
h. Law Day – May 1st is Law Day. The Law Day theme this year is “Civics, Civility, and Cooperation.” There will only be a noon program, but food will be incorporated. Senator Ben Cardin is the speaker. The art and essay contest information will go out soon.
i. Legal Support Professionals – On March 28th, there will be a Zoom from noon to 1 p.m. on ADR overview/mediation. There will be a CASA presentation (part two).
j. Long-Range Planning – the committee will begin to implement the three-year plan.
k. Pro Bono – Pro bono dat will occur on April 12th at the Woodlawn Library from 3 p.m. – 5 p.m.. The committee needs volunteers. There is a new Lawyer in the Lobby program for civil and family matters. It will be on Wednesdays and the details are still being worked out.
l. Professionalism – Later this spring, there will be a program to discuss resiliency in the practice of law, compassion fatigue, and ways to deal with the effects of repeated trauma (emotional and otherwise) presented.
m. Public Awareness and Speakers – there were events on November 11th and December 2nd. Both were very well-received.
n. Young Lawyers – There was a lunch and learn on Zoom with the two new District Court judges. May 20 is the planned “field day.” Any ideas for activities are welcome and should be submitted to the Committee.
The BCBA nominating committee nominated a Slate of Officers, which was presented. Stuart Schadt is nominated to become the newest At-Large Member beginning with the 2023-24 bar year. Voting on the slate will take place at the June Stated Meeting.
March 2023 25 BCBA Event
The highlight of the meeting was the presentation of 2023 J. Earle Plumhoff Professionalism Award to Laurie Wasserman. Christine Malanga provided remarks and presented the award. The J. Earle Plumhoff Professionalism Award is presented by the BCBA annually to only one attorney. Ms. Malanga remarked that in the call for nominations, there was one sentence that caused her to immediately think of Laurie. The sentence is: “Professionalism—it’s a trait that makes the truly exemplary attorney stand out among their highly competent peers.” Ms. Malanga next discussed how Laurie met each of the many formal criteria for the award. She noted that Laurie has been an active member of the BCBA since she joined in October 2005. As a family law practitioner, she immediately joined the Family Law Committee and over the past 17+ years, Laurie has chaired six different BCBA committees: Membership (2007 & 2021), Advocate (2012), Family Law (2018), Civics & Law (2019), CLE (2020) and ADR (2022) Ms. Malanga noted that Laurie is currently the vice-chair of the BCBA judicial nominations committee, so in the fall when she takes over as chair of that committee, her leadership will extend to seven different BCBA committees. Ms. Malanga noted that the job of a committee chair is not glamorous work; however, the work is essential to the smooth operation of our association. The efficient work of committee chairs generally goes unnoticed. Ms. Malanga commented that as a family law practitioner and mediator, she has been aware of Laurie’s work on behalf of the FL & ADR committees; however, until recently, she had no idea Laurie stepped up and accepted other important leadership responsibilities on behalf of seven different BCBA presidents over a span of fifteen years.
To address second set of criteria for the award, which involves principles recognized in the BCBA Code of Professionalism, Ms. Malanga provided details about Laurie’s background. Laurie completed her undergraduate work at the University of Maryland, College Park, and then attended law school at the University of Baltimore. After graduation, she served as a judicial clerk to The Honorable Clifton J. Gordy of the Circuit Court for Baltimore City. She was then hired by Tydings & Rosenberg as an associate. From the beginning, Laurie focused her practice on family law. She practiced at Tydings for almost 13 years (the last two of which she was a partner) before moving to Offit, Kurman as a partner. She remained at Offit for 2 years before branching out on her own in May of 2018. Laurie formed the Law Office
of Laurie M. Wasserman on Washington Avenue in Towson. She currently has two associates and a busy and highly regarded practice engaging in family law litigation, mediation, and parent coordination.
Ms. Malanga recently spoke with one of Laurie’s associates, Steffani Langston, to prepare for the award presentation and learn more about their law office. Steffani has worked for Laurie for four years and told her that Laurie is “incredible to work for.” Laurie believes in and models a healthy work/life balance which “bleeds in” to how the practice works. Another incredible bit of information Steffani shared with Ms. Malanga is that in all of the time she has worked for Laurie, she has never heard Laurie make a negative comment about anyone. Laurie stands out for her demonstration of civility in her actions with, and in the presence of, her staff, clients as well as opposing counsel, who applaud her for her maintaining high standards and modeling her behavior for her employees.
Ms. Malanga met Laurie in 2017 when the BCBA sponsored an outing to “iFly” in White Marsh. Ms. Malanga recalled it was a fun night, but she is certain that’s the closest she will come to sky diving. But she recalls that Laurie and her family seemed to enjoy the experience.
After initially meeting Laurie, Ms. Malanga enjoyed spending time with her when they both trained to become Parent Coordinators in September 2018. Since then, Ms. Malanga can specifically recall three matters in which she and Laurie worked together. The matters range from a protective order during the height of COVID when only parties and counsel were permitted to enter the District Court and two custody and access matters. One matter was a particularly challenging case in which Laurie represented a party to a custody matter,
The Advocate 26
BCBA Event
and Ms. Malanga was the Parent Coordinator working with the parents. Ms. Malanga observed that Laurie’s work embodied the principles spelled out in the BCBA’s code of professionalism in each of these cases.
Ms. Malanga noted that Laurie’s demeanor aligns with her zeal and commitment. “She is a fierce advocate for her clients; however, she does not allow her zeal and commitment to overshadow the reality of the potential outcome of a matter. She makes her clients aware of potential outcomes and ensures their expectations are based in reality.” Ms. Malanga further observed that Laurie is always well prepared (and this is clearly evidenced in their communications with each other every time they have worked together).
Laurie’s experience was recognized in 2020 when she became a fellow in the American Academy of Matrimonial Lawyers or AAML. The AAML requires fellows to engage in twelve hours of continuing legal education training for each of the five years prior to applying to become a fellow.
Ms. Malanga noted that as a result of this vigorous training, Laurie’s clients benefit from an attorney wellversed in family law. In fact, Laurie is now routinely asked to speak at trainings for the AAML and MSBA to share her knowledge and wisdom with less experienced attorneys.
In addition to her BCBA activities, Laurie has been a member of the MSBA since 2005. She served on the Family & Juvenile Section counsel from 2019-2022 and was chair of the mentorship committee from 2021-2022.
Ms. Malanga also discussed Laurie’s activities outside of the law. She has worked with Disability Rights Maryland since 2016. That organization is a private, nonprofit
BCBA Event
group advocating to improve the lives of Marylanders with disabilities. She served on the group’s executive committee as vice president from 2018-2020, and 20212022; secretary from 2020-2021 and development chair from 2016-2022. Laurie has also been a member of The Associated: Jewish Community Federation of Baltimore since 2016. In addition, she served the co-chair of the professional women’s group from 2017-2018.
Ms. Malanga closed by noting Laurie’s dedication to her family, including her husband of many years, Andy, and her two children.
Following Ms. Malanga’s remarks, Laurie thanked the BCBA and expressed appreciation to the many people in her professional and personal life who have supported her along the way.
The stated meeting concluded with honorary membership requests which were granted to H. George Meredith, Clifford Robinson, and Paul Vettori. The next stated meeting is June 15, 2023 at 4:30 PM in Ceremonial Courtroom 5.
March 2023 27
– The Honorable Michael S. Barranco
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Civil Law Update
A review of the Amicus Curiarum for Decemberof 2022 revealed the following civil cases of interest:
IN THE COURT OF APPEALS:
Attorney Grievance Commission of Maryland v. Edward Allen Malone, Misc. Docket AG No. 47, September Term 2020, Filed November 18, 2022. Opinion by Watts, Judge
Edward Allen Malone, a member of the Maryland Bar, was found to have perjured himself under Texas law when he “knowingly and intentionally” provided false responses on his sworn Texas bar applications. Such conduct was found to violate Maryland Lawyers’ Rules of Professional Conduct. The matter was remanded by the Court to the hearing judge for the limited purposes of reopening the evidentiary hearing for the purposes of: (1) permitting Malone to testify concerning mitigating factors; (2) allowing Bar Counsel to call witnesses and introduce exhibits rebutting Malone’s testimony with respect to mitigation; (3) allowing the parties to present arguments concerning mitigating and aggravating factors; and (4) allowing the hearing judge to issues supplemental findings of fact and conclusions of law as to mitigating factors and, if necessary, aggravating factors. Such a hearing was held and the hearing judge filed supplemental findings that Malone had demonstrated by a preponderance of the evidence mitigation in the form of his church and volunteer work, and that Malone demonstrated remorse. The hearing judge also found the existence of five aggravating factors: (1) prior disciplinary offenses; (2) a dishonest or selfish motive; (3) a pattern of misconduct; (4) bad faith obstruction of the disciplinary proceedings; and (5) substantial experience in the practice of law.
After hearing oral arguments, the Court of Appeals overruled Malone’s exceptions to the hearing judge’s finding of facts and conclusions of law. In an extensive opinion citing precedents, including a cite to Attorney Grievance Comm’n v. Collins, 477 Md. 482, 270 A. 3d. 917 (2022) which refers to the applicability of the standard established in Attorney Grievance Comm’n v. Vanderlinde, 364 Md. 376, 773 A.2d 463 (2001), the Court held that rather than applying a bright-line test, the Court assess the facts and circumstances of each case individually to determine whether the Vanderlinde standard applies. In Vanderlinde, the
standard was disbarment in a case of intentional dishonest conduct, which the Court clarified in Collins would involve harm to a client, theft, fraud or misappropriation of client funds, which would be compelling reasons for applying the Vanderlinde standard. In the present case, the Court concluded that the Vanderlinde standard was triggered and disbarment was the appropriate sanction.
COURT OF SPECIAL APPEALS:
Sheila Caldwell v. Marquita Sharrice Sutton, No. 424, September Term 2022, filed November 30, 2022. Opinion by Graeff, Judge
Marquita Sutton (“Mother”) fatally stabbed the father of her 21-month-old son (“Child”). She took Child to her mother’s home (“Grandmother”) before turning herself into the police. She was held without bail on firstdegree murder charges. Subsequently, Grandmother filed an emergency complaint for custody of Child, which was granted. Nine months later, Mother signed a form consenting to Grandmother having sole legal and physical custody of Child, stating that it was in Child’s best interest for Grandmother to become his custodian. The circuit court held a custody hearing that Mother did not attend and granted Grandmother sole legal and physical custody of Child. Mother was to have reasonable access to Child within Grandmother’s discretion.
The Advocate 28
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Ceecee Paizs
In September 2015, Mother entered an Alford plea to second-degree murder and was sentenced to 30 years’ incarceration, all but 10 suspended. While imprisoned, Mother maintained contact with Child and took numerous parenting and therapeutic classes. In 2019, after hearing evidence from witnesses and domestic violence experts, the circuit court modified Mother’s sentence. She was released from prison on August 16, 2019 when Child was seven years old. Initially Mother was allowed access to Child but within months Grandmother began to limit access, conditioned on proof of Mother completing community service hours under the terms of her probation, seeking employment, and receiving appropriate mental health therapy. Six months after her release, Mother moved to modify custody, seeking shared legal custody and a visitation schedule. She subsequently amended her complaint to seek sole legal custody and shared physical custody of Child, with increasing access until Mother regained sole physical custody. She alleged that Grandmother was limiting her access to Child significantly and that her release from incarceration restored her ability to parent Child and constituted a material change in circumstances. After an extensive trial on the merits, the trial court issued a 36-page memorandum option granting Mother sole legal and physical custody of Child. The court found that: (1) Mother’s release from incarceration and other facts demonstrated a material change in circumstances; (2) Mother had proven by clear and convincing evidence that good cause existed under FL §9-101.2 to award her custody; (3) it was in Child’s best interest to return to the custody of Mother, his natural parent; and (4) Grandmother had not shown that Mother was unfit, that exceptional circumstances existed or that Grandmother was a de facto parent. Mother was awarded sole legal and physical custody of Child and there was a transition plan for the transfer of physical custody of Child from Grandmother to Mother. The court further ordered that Mother and Child would participate in reunification therapy, the cost of which would be split between the parties and that Child would continue in individual therapy.
The Court of Appeals began with a discussion of the case law relevant to the rights of parents to direct and govern the care, custody and control of their children
is a fundamental right protected by the Fourteenth Amendment of the United States Constitution (Troxel v. Granville, 530 U.S. 57, 66 (2000), Conover v. Conover, 450 Md. 51, 60 (2016)) Conover further stated that the “primary goal of access determinations in Maryland is to serve the best interest of the child.” Conover, 450 Md. at 60. Conover also recognized the concept of de facto parenthood rather than having to meet the requirements of third parties seeking custody to overcome the presumption that the child’s best interests is to be in the parent’s custody by proving that the child’s natural parents were unfit to have custody or that there were exceptional circumstances making parental custody detrimental to the best interests of the child. The Court of Special Appeals cited the test in Conover which was “narrowly tailored to avoid infringing upon the parental autonomy of a legal parent,” as follows:
1) That the biological or adoptive parent consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the child;
2) That the petitioner and the child lived together in the same household;
3) That the petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care education and development, including contributing towards the child’s support, without expectation of financial compensation; and
4) That the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.
If a third party established a relationship of de facto parenthood, that person is deemed to have status equal to a biological or adoptive parent in custody determinations. Basciano, slip op. at 33; David A. v. Karen S., 242 Md. App. 1, 27-28, cert. denied, 466 Md. 219 (2019). The court then analyzes the best interest of the child to determine custody.
Grandmother noted that reconsideration of custody orders generally should focus on “changes in circumstances which have occurred subsequent to the last court hearing.” Hardisty v. Salerno, 255 Md. 436, 439 (1969). However, the
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March 2023 29 Civil Law Update
Court noted that evidence of past history may be relevant to a party’s present fitness for custody. Further, in this case, since the original custody order was entered prior to Mother’s incarceration, her release, along with her efforts to create a stable environment in which she could parent Child, did constitute a material change in circumstances. In addition, while Mother pleaded guilty to the charge of second-degree murder, the court could award custody of Child to Mother if it was satisfied by clear and convincing evidence that there was good cause to do so. In this case, they found that Mother had done so. As for the finding of “good cause,” the Court held that when “good cause” is used as an undefined term in a statute it is a “flexible term” and its meaning must be deduced from the facts of each case in a manner that is consistent with the [statute’s]
Attorneys’
fundamental purpose.” Meek v. Linton, 245 Md. App. 689, 721 (2020).
As to the third party v. de facto parenthood, the Court held that the trial court erred in finding that Grandmother was not a de facto parent and that she failed to prove extraordinary circumstances. The Court then examined how Grandmother had satisfied the four-prong test set out in Conover. Therefore, she has equal footing with Mother for custody determinations, and therefore the trial court must engage in a new best-interest analysis with Grandmother having the status of a legal parent, not that of a third party. The case was remanded for such consideration.
–Ceecee Paizs, Esq.
The Advocate 30
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National Women’s History Month
As many know, March is National Women’s History Month. Throughout the country, events and ceremonies are held to highlight women who have made historical impacts, those who were champions for social justice movements, pioneers in math and science, and those who changed the legal and political fields. What many may not know is that Maryland’s own Senator Barbara Mikulski (Representative at the time) was a key player in establishing Women’s History Month. In 1981, Senator Mikulski and Utah Senator Orrin Hatch co-signed the first Joint Congressional Resolution to designate the week of March 8th as “Women’s History Week.” This bill expanded what began as a local celebration in California to a nationally recognized week. Years later, in 1987, Congress declared March “National Women’s History Month.1”
Women have been breaking barriers and shaping the legal field at both the law school and professional levels. In 1973, only 20% of first-year law students were women. Although these numbers were slow to change, since 2016, the number of women enrolled in law school has consistently outnumbered male students. In 2022, women accounted for 55.86% of first-year law students. The legal profession has seen similar shifts, as well. In 1970, 3% of lawyers were women. The 1980s and 1990s brought the biggest influx; by 2000, about 30% of attorneys were women. Unfortunately, over the last two decades, this growth has slowed, with women accounting for 38% of attorneys in 2022.2 However, the annual growth of women law students is a hopeful sign of a soon-to-come uptick again at the professional level.
It is important to note that although there has been an increase in women at both the law school and professional levels, black women and women of color are still disproportionately underrepresented. According to
1 https://www.womenshistory.org/womens-history/womens-history-month
2 https://www.abalegalprofile.com/women.php#anchor1
the American Bar, 21.36% of first-year law students in 2022 were women of color. These figures are similarly represented at the professional level with roughly 25% of summer associates being women of color, signaling that more work must be done to create a balanced and equitable profession.
Here in Maryland, women have made historical strides toward gender equality in the legal profession. On April 12, 2022, Justice Angela Eaves was sworn in as a justice for the Supreme Court of Maryland. Justice Eaves is a Panama-born, Black woman, and her appointment makes her the first Hispanic justice in Maryland. In 2022, the Women’s Law Center of Maryland celebrated its 50th anniversary. The Women’s Law Center has played an integral role in achieving legislative successes for women in Maryland, including enacting reasonable accommodations for pregnant workers, the landmark Equal Pay for Equal Work Act, and the seminal Workplace Harassment Act.
The National Women’s History Alliance designates a theme for Women’s History Month each year. This year the Alliance has chosen “Celebrating Women Who Tell Our Stories.” This theme will focus on the achievements of “women, past and present, who have been active in all forms of media and storytelling.”3 Here in Maryland, the Maryland Women’s Hall of Fame hosts an annual induction ceremony to honor local women who have significantly impacted our state. Some of these women include 2002 inductee Mabel Houze Hubbard who, among many other achievements, was Maryland’s first African American woman appointed to the state bench. 4This year the Maryland Women’s Hall of Fame induction ceremony takes place on March 16, 2023.
– Melissa Murphy, 2L University of Baltimore School of Law
3 2023 Theme - National Women’s History Alliance (nationalwomenshistoryalliance.org)
4 https://msa.maryland.gov/msa/educ/exhibits/womenshallfame/html/hubbard.html
March 2023 31 BCBA Feature
Diversity, Equity, and Inclusion Committee: Diversity in Governance: A Look at Our State’s Top Leaders
As we celebrate Women’s History Month, we continue to highlight our state’s diversity in leadership. It is an immense privilege and honor to experience, for the first time in our state’s history, a leadership team that truly reflects the diversity of our state’s citizens and exemplifies what makes Maryland special. Our Lieutenant Governor and Comptroller are both women who have broken barriers to be the first but hopefully not the last!
Department of Transportation in Montgomery County to improve the safety of the public and alleviate traffic, and create equitable transportation access to connect people to opportunities.
After becoming a United States citizen in 2000, she voted in her first U.S. presidential election. Gradually, she was pulled toward the politics of the country and started working for different candidates.
From 2010 to 2018, she represented District 15 in the Maryland House of Delegates, where she worked with her constituents to create legislation to invest in STEM education, streamline the regulatory process for small businesses, and was a champion for working families, survivors of domestic abuse, and the environment. She ran for Congress in 2018 in Maryland’s 6th Congressional District, finishing second in a crowded field of eight candidates.
She lives in Montgomery County with her husband Dave, where they raised their three daughters.
Aruna Miller has devoted her life to public service and removing systemic barriers to opportunity. Lieutenant Governor Miller is the first South Asian woman elected lieutenant governor in the country, as well as the first Asian American lieutenant governor and first immigrant to hold statewide office in Maryland. She is only the second female lieutenant governor after Kathleen Kennedy Townsend.
Lieutenant Governor Miller’s family immigrated to the United States from India when she was only seven years old. She attended public schools in New York and Missouri. She attended and graduated from the Missouri University of Science and Technology with a degree in civil engineering.
Lieutenant Governor Miller chose a life of public service in Maryland, spending 25 years working at the local
Brooke Lierman is a civil rights attorney, mother of two children, a two-term State Delegate, and now the 34th Comptroller of the State of Maryland. She is Maryland’s first female Comptroller and the first woman independently elected to statewide state office.
The Advocate 32 Committee Reports
Lieutenant Governor Aruna Miller
Comptroller Brooke Lierman
Lieutenant Governor Aruna Miller
Comptroller Brooke Lierman
Comptroller Lierman has been a State Delegate from Baltimore City since 2015 and served on several committees, including the Appropriations Committee – overseeing the State’s $50+ billion budgets – and on the Environment and Transportation Committee. She has also been the co-chair of the Joint Committee on Pensions, a member of the Joint Committee to End Homelessness, and she founded and previously chaired the Maryland Transit Caucus in 2019. She is a champion at constituent work, an advocate with state agencies on behalf of small businesses and organizations, and remains connected to the communities she serves year-round. Amidst the health and economic crises created by COVID-19, Comptroller Lierman organized food relief for constituents and led the successful effort to bring World Central Kitchen (led by Chef Jose Andres) to Baltimore to feed thousands of Baltimoreans in need.
Comptroller Lierman spent her childhood years in Washington, D.C., moving with her family to Montgomery County in middle school and graduating from Walt Whitman High School. After graduating from Dartmouth College, she spent several years organizing for change at the grassroots level. She was an AmeriCorps VISTA volunteer at the DREAM Program. She also worked as a field organizer for Senator Paul Wellstone’s
2002 reelection campaign, a field director for Howard Dean’s presidential campaign, and later for the KerryEdwards campaign.
Comptroller Lierman attended law school at the University of Texas School of Law to work with and empower people to take charge of adverse situations confronting them and to fight injustice one client at a time. After graduating, she returned to Maryland and completed a clerkship at the U.S. Federal District Court in Baltimore and Greenbelt. She then joined the civil law firm, Brown Goldstein and Levy LLP, where she represented a range of clients, including workers whose wages have been unfairly withheld, disabled citizens seeking access to public facilities and wrongfully convicted Marylanders in pursuit of equal education.
Comptroller Lierman has always been an active participant in her community and across Baltimore to promote thriving neighborhoods. She also volunteered her time and expertise as pro bono counsel for several community organizations and a local church. She also served on the Board of the Downtown Partnership and the Board of the Baltimore Museum of Art. She lives with her husband and two children in Fell’s Point and is a lifelong Orioles fan.
March 2023 33 Committee Reports
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– Snehal Massey, Esq.
Committee Reports
Bench Bar Committee: February 2023
The February 2023 Bench/Bar Committee meeting was held via Zoom on Thursday, February 9th, with Chairperson Marissa Joelson presiding.
Administrative Judge Ruth A. Jakubowski spoke on behalf of the Circuit Court bench and provided stats on criminal and civil cases during January. The jury selection area construction in the former 911 call center is moving along. The new area will consist of three separate jury selection areas that can be consolidated into two areas for larger trials. The jury selection area is also being wired so that it can be used as a courtroom if needed. As to Family Law, the BIA fees will increase from $200.00 to $250.00 per hour. Cheryl Rill has been named the new Deputy Court Administrator. Cheryl was previously with the Baltimore County State’s Attorney’s Office.
Julie L. Ensor provided the Circuit Court Clerk’s Office report. Renovations are continuing, and the criminal window will be temporarily relocated. The Clerk’s Office has eight positions vacant that will hopefully be filled soon.
Magistrate Dilip Paliath spoke on behalf of the magistrates. The court will now offer half-day PL hearings no matter the marriage status. If the parties believe a hearing will take over a half day, they should submit a written request to the court for a full day.
Administrative Judge Dorothy J. Wilson spoke on behalf
of the District Court bench. Security experts recently briefed the Maryland Judiciary on courthouse security. As a result, the Baltimore County District Courts will be implementing a 100% screening of attorneys and court employees. Security will no longer honor bar cards at the front doors of all three courthouses.
Maria Fields, District Court Administrator, reported the Clerk’s Office is close to filling vacant positions. The District Court is seeking a staff interpreter, preferably a Spanish-speaking interpreter. The Clerk’s Office is doing good with the scheduling of cases.
State’s Attorney Scott Shellenberger reported the Office of State’s Attorney is very busy. There have been several new hires of District Court Assistant State’s Attorneys to replace the ten who left. In addition, a bill is pending before the Baltimore County Council to increase salaries. Currently, Baltimore County is the lowest starting salary in the surrounding area.
District Public Defender for Baltimore County James Dills reported their office is hiring as they have six openings representing 20% of the attorney staff.
Executive Director Rachel Ruocco gave the Executive Council report on behalf of President Turnbull. Bar Wars Team Trivia will be held on March 2nd, Law Day is May 1st, the golf tournament is May 8th, and the Young Lawyers Field Day is May 20th.
On behalf of Family Law Committee, Kerri Cohen reported there will be an April CLE with the ADR Committee. In May, the Family Law Committee will host a legislative update CLE.
On behalf of the Young Lawyers Committee, Alex Walsh reported ongoing planning meetings regarding the Field Day on May 20th.
WHEN: WEDNESDAY, APRIL 12, 2023
TIME: 4PM - 7PM
Harry Chase, on behalf of the Portrait Committee, reported that work being done on new portraits.
Our Harford County Liaison, Tyler Nowicki, reported investitures for new judges are being planned. Upcoming events include the Harford County Bar Association general meeting, bench/bar meeting, and two happy hours.
Marissa Joelson, on behalf of Snehal Massey, gave the Diversity & Inclusion Committee report. The Summer Scholars program is being finalized. The committee is working on implicit bias training.
– Eric N. Schloss, Esq.
The Advocate 34
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Criminal Law Update: Setting the Record Straight
Shivers v. State, No. 879, September Term 2021
In March of 2020, Sharon Shivers was convicted on one count of theft of property valued between $25,000 and $100,000. As part of her sentence, Shivers was ordered to pay $6,000 in attorney’s fees incurred by the victim while trying to recover his stolen property. Shivers appealed, among other issues, whether attorney’s fees to the victim can be awarded as criminal restitution. The Appellate Court of Maryland reviewed the legislative history of the criminal restitution statute, Maryland Code Ann., Crim. Proc. § 11-603, and concluded that the term “direct outof-pocket loss” in §11-603(a)(2)(ii) applies “exclusively to crimes involving physical and/or mental injury.” Shivers, Slip op at 22.
The facts of Shivers are not complicated. In November of 2017, 85-year-old John Smith added his adult daughter, Sharon Shivers, to his bank account for the stated purpose of writing checks and paying his bills if, for medical reasons, he was unable to do so himself. Slip op. at 2. In early 2019, he learned that the Petitioner had withdrawn $85,000 from his account and deposited the money in her own account. When he asked her to return the money, she said she would “think about it.” Slip op. at 3. In an effort to recover the stolen money, Mr. Smith hired an attorney who generated $6,000 worth of fees. Id. at 12. At the conclusion of a sentencing and restitution hearing, the Circuit Court for Prince George’s County ordered the Petitioner to pay the attorney’s fees as restitution pursuant to Crim. Proc. §11-603(a)(2)(ii).
Criminal Procedure Article §11-603(a) provides in relevant part that:
(a) A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if:
(1) as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value substantially decreased;
(2) as a direct result of the crime or delinquent act, the victim suffered:
(i) actual medical, dental, hospital, counseling, funeral, or burial expenses or losses;
(ii) direct out-of-pocket losses;
(iii) loss of earnings; or
(iv) expenses incurred with rehabilitation; The Appellate Court focused its analysis on the specific section of the statute relied upon by the trial court, Crim. Proc. §11-603(a)(2)(ii). The Court noted that “CP §11-603(a)(2)(i), (iii) and (iv) relate to expenses incurred and losses sustained by a victim as a result of physical or mental injury.” Slip op. at 17. They then discussed the plain language of the statute as well as the legislative history and concluded that “Our review of the plain statutory text and legislative history leads us to conclude that CP §11-603(a)(2)(i)-(iv) exclusively authorizes a court to award restitution for a victim’s expenses and losses resulting from physical or mental injury. Nothing in the legislative history or case law construing the statute would support the view that a property crime victim could recover actual medical and hospital expenses, loss of earnings, or rehabilitation expenses as set forth in subsections (i), (iii), (iv) of the statute. It would therefore be illogical to conclude that subsection (ii)’s authorization for direct out-of-pocket loss would be applicable to victims of theft and other property crimes, but the adjacent subsections would not. Slip op. at 21.
The Court also relied upon the canon of statutory construction known as the doctrine of ejusden generis in which the words of the statute are “construed to include only those things or persons of the same class or general nature as those specifically mentioned.” Slip op. at 21 (quoting In re Wallace, 333 Md. 186, 190 (1993)(internal citations omitted)). The Court noted that “subsections (i), (iii), and (iv) delineate specific recoverable expenses and losses that suggest a class of expenses and losses that suggest a class of expenses and losses likely to be sustained by victims of crime that result in physical or mental injuries. . . . In our view, the legislature adopted the general phrase ‘direct out-of-pocket loss’ in CP §11603(a)(2) because it intended to authorize courts to award restitution for out-of-pocket losses resulting from physical and mental injuries that were not specifically enumerated in subsections (i), (iii), and (iv).” Slip op at 22. Having concluded that Crim. Proc. §11-603(a)(2)(ii) did not apply on these facts, the award of restitution was reversed.
– Jennifer W. Ritter, Esq.
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Professionalism Committee: Giving Back and the Ideals of Professionalism
One of my strongest memories from contracts class in my first year of law school at UCLA is not about the substantive law. At the close of the last day of the class, our professor, Gerald Lopez, said that he wanted to leave us with one final thought. And then he said, with great seriousness as he looked around the room, that as we progress through our careers as lawyers and enjoy the benefits of membership in this profession, we should take a moment every so often to ask ourselves whether we are working only for those who can pay us or also those others who need us. He referred to the practice of law as being a privilege and to the responsibilities that come with that privilege: to use our skills and the opportunities available to us to help strengthen our system of justice. During the week that preceded that last day of contracts class, our section had been planning a show of appreciation for our professor. A single rose would be stored under each student’s chair, and then, as Professor Lopez ended the class, the students would rise, toss the roses toward the front of the room, and clap. Perhaps it is in part because Professor Lopez’s end-of-class comments were thus immediately followed by a standing ovation and flying roses that I recall the moment so vividly. In any event, our favorite teacher left us with the first of what would be many messages that we would hear through the years, reminding us of what some would call an aspirational goal, and others a responsibility, to use our skills, knowledge and passion to give back in many ways. As lawyers, we have many valuable skills, and we have the ability to create both small and life-changing benefits for our communities and legal system. The opportunities to contribute are numerous and varied. Pro bono opportunities are available through the Pro Bono Resource Center (https://probonomd.org), Maryland Volunteer Lawyers Service, (https://mvlslaw.org/) and many bar associations, including the Baltimore County Bar Association (see https://bcba.org/?pg=local-andstatewide-programs-with-county-services).
Mentoring law students and young lawyers is invaluable to mentees and is a way that lawyers can help ensure a continued strong legal system. It can greatly impact a young, or even a not-so-young lawyer. There have been numerous reports of mentoring programs where the
lawyers seeking mentors far exceed the available mentors. Being a mentor is a gift, the impact of which is boundless.
Another way to give back is to conduct our professional lives consistent with the Ideals of Professionalism (adopted in 2010 by the Court of Appeals of Maryland, now the Supreme Court of Maryland). The Ideals of Professionalism are located at Appendix 19-B, following Title 19, Chapter 300 of the Maryland Rules. The Ideals define professionalism in the law as “the combination of the core values of personal integrity, competency, civility, independence, and public service that distinguish attorneys as the caretakers of the rule of law.” Id. Its preamble states that:
Attorneys are entrusted with the privilege of practicing law. They take a firm vow or oath to uphold the Constitution and laws of the United States and the State of Maryland. Attorneys enjoy a distinct position of trust and confidence that carries the significant responsibility and obligation to be caretakers for the system of justice that is essential to the continuing existence of a civilized society. Each attorney, therefore, as a custodian of the system of justice, must be conscious of this responsibility and exhibit traits that reflect a personal responsibility to recognize, honor, and enhance the rule of law in this society. The Ideals and some characteristics set forth below are representative of a value system that attorneys must demand of themselves as professionals in order to maintain and enhance the role of legal professionals as the protectors of the rule of law.
Id. Nine “Ideals” are listed following the Preamble, set forth below:
An attorney should aspire1:
(1) to put fidelity to clients before self-interest;
(2) to be a model for others, and particularly for his or her clients, by showing respect due to those called upon to resolve disputes and the regard due to all participants in the dispute resolution processes;
(3) to avoid all forms of wrongful discrimination in all of his or her activities, including discrimination on the basis of race, sex, gender, religion, national origin,
1 Unlike the Maryland Rules of Professional Conduct (“MRPC”), the Ideals tend to use words like “aspire” when speaking of professional conduct. However, in adopting the Ideals, the Court stated that they “emanate from and complement” the MRPC, and further observed that “[a] failure to observe these Ideals is not of itself a basis for disciplinary sanctions, but the conduct that constitutes the failure may be a basis for disciplinary sanctions if it violates a provision of the [MRPC] or other relevant law.” See Ideals of Professionalism, opening paragraph.
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Committee Reports
ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, with equality and fairness as the goals;
(4) to preserve and improve the law, the legal system, and other dispute resolution processes as instruments for the common good;
(5) to make the law, the legal system, and other dispute resolution processes available to all;
(6) to practice law with a personal commitment to the rules governing the profession and to encourage others to do the same;
(7) to preserve the dignity and the integrity of the profession by his or her conduct, because the dignity and the integrity of the profession are an inheritance that must be maintained by each successive generation of attorneys;
(8) to strive for excellence in the practice of law to promote the interests of his or her clients, the rule of
law, and the welfare of society; and
(9) to recognize that the practice of law is a calling in the spirit of public service, not merely a business pursuit.
Id. The Ideals of Professionalism also contains sections addressing (a) Accountability and Trustworthiness; (b) Education, Mentoring, and Excellence; (c) A Calling to Service; and (d) Fairness, Civility, and Courtesy. Each section provides an aspirational list of ways in which we can conduct our practices to promote a strong legal system and respect for the rule of law. The Ideals of Professionalism is a quick and simple reminder about of how we can each contribute to the strengthening of our profession and the legal system. They are accessible here: https://casetext.com/rule/maryland-court-rules/ title-19-attorneys/chapter-300-maryland-attorneysrules-of-professional-conduct/appendix-19-b-ideals-ofprofessionalism.
– Cynthia L. Leppert, Esq.
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Legal Technology Committee: DISCO: Showcasing New Technology for Litigators
On February 9, 2023, the legal technology committee hosted a happy hour sponsored by DISCO (NYSE: LAW), a worldwide leader in legal technology. About 40 members interested in learning more attended the event and reported that it was informative, even eye opening. Some attendees had expressed concerns about the costs involved in incorporating artificial intelligence (“AI”) and the challenges of learning new systems and skills. But Colleen Sabatino and her team from DISCO gave a demonstration of their new deposition management software, Case Builder, which showed how rapidly the technology is evolving making it easier and easier and more intuitive to search, organize, and prepare for trial. The products demonstrated related specifically to the litigation life cycle, namely eDiscovery and depositions. During a question and answer session, we also learned how affordable it can be (using AI through Disco can cost as little as $500/ month for a specific matter, or $400/month as a subscription). The pay-as-
you-go model makes DISCO affordable for solo and small firms, allowing them to use it on an as-needed basis.
Inviting DISCO to host our event proved to be doubly beneficial, not only did they pick up the tab for all of our food and drink, but they also offered a risk-free trial of their applications to any of our members interested or curious about this technology.
“My compliments to Ralph Sapia, the BCBA Technology Committee and the very knowledgeable and friendly folks from DISCO for their informative and useful demonstration of DISCO’s new case management platform. I found it to be a powerful new tool that looks easy to use and an invaluable way to keep files organized and to access depositions and other case resources quickly and collaboratively among attorneys, paralegals and legal assistants,” said Stan Gann, Jr., who attended the program.
The technology developments over the last few years, especially as AI improves, could lead one to the false sense that machines can do it all; we know that is just not true. But tools like Case Builder allow us to organize information efficiently so we can do the heavy lifting of analysis and trial preparation. This efficiency allows us to serve our clients better and more economically.
If you use a professional software or app that you find makes your job easier, email me so I share it with the membership. I’m always interested to hear from members about what additional programs and events you’d like to see in the future. Until then...
– Ralph L. Sapia, Esq.
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Committee Reports
Want to see your name Want to see your Want to see name in print on something in print on something in print on something other than your other than your other than your business card? business card? business card? YES Volunteer to write for The Advocate ! Email TOMMY tommy.tompsett@mdlobbyist.com
Young Lawyers’Committee: Chambers Chat with the Honorable Krystin J. Richardson and the Honorable Karen A. Pilarski
On Friday, February 17, 2023, the Baltimore County Bar Association Young Lawyers Committee hosted a virtual lunchtime “Chambers Chat” with the Honorable Krystin J. Richardson and the Honorable Karen A. Pilarski of the District Court of Maryland for Baltimore County. Valerie E. Taylor, Esq., Vice-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 judges. Both Judge Richardson and Judge Pilarski were former assistant state’s attorneys and expressed passion for their time and career as a prosecutor.
During the session, Judge Pilarski and Judge Richardson imparted a lot of prudent advice to the young lawyers in attendance from their years of practice and their time so far as judges. Concerning the drafting of pleadings and persuasive writing, the judges advised that it is best to get to your point quickly and not to include extraneous facts and information. If you have a case or precedent on point, cite it, and make the point known upfront. As a practical tip, the judges also noted that having someone proofread
experienced attorneys, which is also an excellent way to get to know the judges.
Regarding the presentation of evidence at trial, Judge Pilarski and Judge Richardson indicated that bringing copies of exhibits for the judge to view while the attorney is referring to it or while a witness is testifying about it is very helpful. The judges also mentioned that giving a concise opening statement as a roadmap to the issues that will be presented at trial can be a useful tool.
During the session, Judge Pilarski and Judge Richardson also shared some “don’ts” and pet peeves. Judge Pilarski stated that being on time and prompt for court is imperative, and if you know you are or will be running late, communicate that to the judge’s chambers and staff ahead of time. This will lead to the most efficient use of everyone’s time. Judge Richardson mentioned that it is best to avoid speaking over the judge when he or she is speaking.
As a final matter, Judge Pilarski and Judge Richardson stressed the importance of maintaining professionalism and civility when dealing with opposing counsel, clients and litigants, judges, and all courthouse personnel. One’s reputation is crucial and will develop further with each
The Baltimore County Bar Association Young Lawyers Committee is very appreciative of Judge Richardson and Judge Pilarski’s participation, invaluable advice, and
– Valerie E. Taylor, Esq.
Committee Reports
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baltcoselfhelp@mdcourts.gov Call: Ms Warren at 410-887-3039
The Circuit Court for Baltimore County Self-Help Office and the BCBA are seeking volunteer lawyers to meet with self-represented litigants by appointment regarding civil and family matters in person every Wednesday
For more information: Email:
Committee Reports
Maryland State Bar Association: Program on Using and Drafting Trusts
On January 31, 2023, the MSBA presented Using and Drafting Trusts, a continuing education program of perennial interest. This program offered many updates since the prior program was presented in November 2019. Further, this program benefits both new and experienced practitioners, providing valuable practice tips and scenarios to illustrate each session, as well as many sample documents, all related to the use of trusts for both individual and business clients.
Many aspects of trust planning and administration have changed due to state and federal legislation, including the pending sunset of the lifetime federal estate and gift tax exemption, enactment of SECURE and SECURE 2.0, and Maryland’s spousal elective share based on the decedent’s augmented estate. This program offered an up-to-date picture of the impact of such changes on case analysis, counseling clients, and drafting and administering trusts in multiple contexts including minimizing estate and income taxes, protecting business interests left in trust, planning for spouses and families, and planning for people with disabilities.
Small business is the growth engine of the U.S. economy, creating two-thirds of new jobs and 44% of national economic activity. Trusts are a key planning tool for business owners seeking to transfer wealth. Laura Thomas, of Davis, Agnor, Rapaport & Skalny, kicked off the first session focusing on Trusts Qualified to Hold S Corporation Stock, highlighting the tax benefits of S Corporations, the requirements for this status, the detailed and highly time sensitive process for tax elections for this status, and rules for which types of trusts may hold this stock and distribute income.
Todd Bornstein, of Seltzer Gurvitch, addressed Revocable Living Trusts and estate tax planning for married couples, leading off with an overview of federal and state estate taxes, including Maryland, Delaware, D.C., and Virginia. Todd illustrated the impact of portability on estate tax for married couples and discussed the pros and cons of portability and use of credit shelter trusts. He also highlighted the complexities of using powers of appointment and selecting trustees for revocable living trusts.
Jeffrey Glaser, of Saul Ewing, LLP, presented on leaving retirement account assets to trusts in coordination with Kristin Hall, of Seltzer Gurvitch, who updated the outline materials. With over $34 trillion in retirement accounts in the U.S. today, this is a key topic for estate planners. Recent changes to the IRS rules on when required minimum distributions must be taken and the 10-year reduced stretch out now applicable to many who will inherit retirement accounts prompt a fresh look at counseling clients and drafting trusts for maximum tax efficiency.
Kathleen Adcock, of Kathleen Adcock Law, spoke on the Maryland Trust Act, and reminded practitioners of the importance of reviewing this statute regularly as legislative changes are frequent. She also brought attention to recent Maryland cases related to trust modification and trustee removal under the Act. Kathleen also drilled down into the marital deduction and portability for estate taxes with many practice and drafting tips.
Michelle Chapin, of Paley Rothman, spoke on Irrevocable Life Insurance Trusts (“ILITs”). Roughly one-half of Americans had life insurance in 2022, down slightly
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from the prior year. The same percentage of Americans overestimate the cost of life insurance by 300%. Michelle spoke to how ILITs act as tools to help avoid estate tax and to transfer wealth. This strategy calls for careful analysis of the client’s current insurance coverage or that intended to be purchased by the trust, cautions regarding reciprocal trust doctrine risks when planning for married couples, and highlighted tools to retain some flexibility when using irrevocable trusts.
Jack Edgar, of Baker Donelson, spoke on GenerationSkipping Trusts and Charitable Split-Interest Trusts, getting us all into the more complex planning tools and the tax aspects of these trusts. Generation skipping trusts offer tax and asset management benefits for clients, with or without potentially taxable estates. Jack cautions on modification of older trusts as those which became irrevocable before September 25, 1985 are not subject to GST. Modification of these older trusts may jeopardize such status. Jack also discussed in detail various approaches to split-interest trusts, offering creative planning options for charitable giving and income and tax benefits for the grantor.
Mary O’Byrne, of Bowie & Jensen, LLC, was the wrapup speaker on the topic of planning for people with disabilities and the use of trusts with the goals of asset protection, public benefits eligibility, and financial security. This section highlighted the importance of practitioners addressing the public benefits a client or client’s family member may receive early in the consultation process to plan effectively. This area of trust practice is affected equally by the changes in the Maryland spousal elective share, SECURE and SECURE 2.0, as are other areas of trust planning.
Attendees found this program particularly valuable, and commented that the materials were thorough, the speakers were knowledgeable, and presented informative, detailed presentations with comprehensive coverage of each topic.
If you missed this program, you can access the materials via the MSBA:
CLE, Events, & Learning for MD Attorneys - Course Catalog | Maryland State Bar Association (MSBA) | Maryland State Bar Association – MSBA
– Mary E. O’Byrne, Esq.
March 2023 41
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Committee Reports
Family Law Committee: February 23 Happy Hour
On February 23, 2023, the Family Law Committee hosted a gathering at Banditos Tacos & Tequila in Towson. The event brought together bar association members, family law magistrates, and those judges who began the family law rotation in January. Most of the magistrates attended the event, including Magistrates Catherine Woods, Dilip Paliath, Carrie Polley, Michael McBee, and Suzanne Farace. The Honorable Ruth Ann Jakubowski, the Honorable Wendy S. Epstien, the Honorable Andrew M. Batista, and the Honorable Judith C. Ensor were also in attendance. Everyone enjoyed the company of esteemed members of the bench, as well as tacos, empanadas, quesadillas, chips and salsa, and an assortment of refreshing beverages. The weather was also worth mentioning, as we experienced an unseasonably warm February day with temperatures in the mid-70s! The Family Law Committee would like to thank the magistrates and judges who attended, as well as the event sponsor, James Weiskerger, W Home Group of Next Step Realty.
– Todd deStwolinski, Esq.
The Advocate 42
Ask
The Doctrine of Completeness...Examined.
A lawyer writes in… Dear Trial Doctor,
I tried a case last week and offered into evidence a portion of one of the defendant’s answers to interrogatories. The defense counsel objected and wanted to include additional parts of that answer as well as other answers. Counsel cited something called the “doctrine of completeness” as his reason. Can you explain how this works?
Incomplete
Dear Incomplete,
The “Doctrine of Completeness” was originally a common-law rule which sought to avoid the possibility that a party would admit into evidence selected portions of a writing, recording or an oral statement in a manner which might be misleading or inaccurate. The Doctrine, now stated as MD. RULE 5-106, permits a party opposing the evidence to introduce at the same time “any other part or any other writing or recorded statement which ought in fairness to be introduced with it.”
The Rule’s application arises most frequently in the use of depositions [See also MD. RULE 2-419 (b)], answers
to interrogatories, and written statements, but “writings” and “recorded statements” also includes: “letters, words, numbers, or their equivalent, set down by handwriting, typewriting, printing, photo staffing, photographing, magnetic or optical impulse, mechanical or electrical recording or other form of data compilation.” MD. RULE 5-1001 (a).
The Rule does not permit the introduction of otherwise inadmissible evidence “except to the extent necessary, in fairness, to explain what the opposing party has elicited.” In a jury trial, the court should issue a limiting instruction, explaining that the supplemental portion is not being offered as substantive evidence. See Md. Rule 5-106, “Committee Note.”
The trial judge always has the final say as to whether the additional material “ought in fairness” be admitted. The judge will evaluate whether the proffered additions truly explain the original portions of the writing or recorded statement.
Your question is a good one - completely in keeping with sound trial practice.
– The Trial Doctor
March 2023 43
The Trial Doctor
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Zoom LINK will be provided upon registration
BCBA's Fee Arbitration program is a valuable resource! Join us to learn about adding a fee arbitration provision to your engagement letter and how to best use the program.
Speakers: Tom Dolina, Esq. Ari Kodeck, Esq. and Irwin Kramer Esq.
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& LEARN LUNCH & LEARN
Laurie Wasserman, Program Chair
$50 per person Register HERE RETIREMENT Reception Judge Ruth Ann Jakubowski Thursday, April 20th 5:00 PM Towson Tavern 516 York Road, Towson, MD Please join the Baltimore County Bar Association for a special reception in honor of Judge Ruth A. Jakubowski upon her retirement as Administrative Judge for the Circuit Court for Baltimore County
Monday, May 1st, 2023
12:00 PM
Keynote Speaker: United States Senator Ben Cardin
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Court
Baltimore County
& Courtyard 401 Bosley Avenue, Towson, MD
Circuit
for
Portico
free lunch and entertainment provided
BALTIMORE COUNTY BAR ASSOCIATION
ANNUAL GOLF TOURNAMENT AND SILENT AUCTION
MONDAY, MAY 8 • 11:30AM
Platinum Sponsor: Vallit Advisors
Registration & lunch starts at 11:30am, Shotgun start at 1:00pm Dinner & awards immediately following play $175 per Golfer; $700 per Foursome
18-Hole Tournament Format: Four-person Captain's Choice Young Lawyers' Committee silent auction, course contests, raffles, giveaways, mulligans available for purchase and beverage carts along the course.
Proceeds benefit Safe Alternative Foundation for Education
Name of Golfer
Name of Golfer
Name of Golfer
Name of Golfer
Click HERE to register and pay online
To register and pay by mail, return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Ave, Towson, MD 21204 with either cash, check or credit card information
SponsorshipsAvailable! ContactRachelRuocco at rruocco@bcba.org for moreinformation.
March 2023 49
HUNT VALLEY COUNTRY CLUB 14101 Phoenix Road, Phoenix, MD 21131
SATURDAY SATURDAY JUNE 3 JUNE 3
YOUNG LAWYERS YOUNG LAWYERS FAMILY FAMILY FIELD DAY FIELD DAY
FUNDRAISER! FUNDRAISER!
Baltimore County Bar Association
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M A Y J U N E F E B R U A R Y M A R C H A P R I L N O V E M B E R D E C E M B E R J A N U A R Y A U G U S T S E P T E M B E R O C T O B E R 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 24, 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 8, Golf Tournament 3, Young Lawyers Field Day Fundraiser 7-10 - MSBA Bar Conference in OC 15, 4:30pm - Stated Meeting Follow Us on Facebook, Instagram & Tik Tok Save
the Date
(T)
(F)
Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue
MD 21204-4491
Towson,
410-337-9103
410-823-3418
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD 2023 Membership Dues invoices have been sent. Contact the Bar Office at 410-337-9102 if you have not received yours.
www.bcba.org