The Advocate - May 2023

Happy spring! The bar staff is extremely busy serving our members. We are a flurry of activity as Law Day (May 1st) and the Golf Tournament (May 8th) are immediately upon us. Please join us for these events and our other programs as the bar year begins to wind down. We bid a fond farewell to Amber Gaines, and thank her for her years of service. She will be very much missed. We welcome our new Executive Assistant Holly O’Rourke –please stop by the bar office to welcome Holly.

As many of you know, I was extremely close with my father-in-law, R. Roland Brockmeyer, Esquire, who passed away two years ago in May. A tireless champion of the less fortunate of Baltimore City and County, Brock ran his civil practice basically to finance his criminal practice, in which he often took serious felony jury trials for under $1,000, and more often pro bono. A bad business model, perhaps. But Brock, orphaned at eight years old, grew up with nothing, and had very few people to help him along the way. He looked at this model as a way to thank the universe for giving him enough grit, work ethic, and intelligence to dig his way out of poverty. Adele and I also practiced law alongside him in his later years and his clients have become a part of our family now too. His loss was devastating to us and his clients. However, Adele has decided that there will be no more tears. To celebrate his service and his life, and because COVID prevented us from having a formal memorial, we are resorting to ice cream. Yes, ice cream. No one loved a cone more than Brock. Please come to our Towson office on May 9th, between 11:30 a.m. and 1:30 p.m. to grab a free cone from The Cow Truck, and join us in raising a cone for RRB Day to acknowledge his decades of service to the community.

If you are looking for pro bono opportunities and ways to serve, they are abundant. For many of us, though, the thought of adding even one single case more to our load is, frankly, dreadful. However, it is extremely important to remember that pro bono work can be done in very small doses – it is not necessary to take on complex matters to change someone’s life for the better. Usually with minimal time commitment – sometimes it’s just a phone call or a two paragraph letter, the rewards you and those assisted reap are immeasurable. If you don’t know where to turn, please call me or the bar office and we can point you in the right direction.

So here’s to service, and here’s to spring. Here’s to sunny afternoons, the smell of cut grass, and the crack of the bat at Camden Yards. See you around the Courthouse.

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

2022-23 Officers

President John G. Turnbull III

President-Elect Lisa Y. Settles

Secretary Sondra M. Douglas

Treasurer Richard Grason VI

Executive Council

Robert K. Erdman, Jr.

Tyler J. Nowicki

Michelle Daugherty Siri

Alaina L. Storie

Mariela D’Alessio

Michael S. Barranco

Stanford G. Gann, Jr.,

Immediate Past President

Alexander J. Walsh, Young Lawyers Chair

Rachel M. Ruocco, Executive Director

Court Notices

May District Court Schedule

JUDGES: NRS-Norman R. Stone, SDW- Steve D. Wyman, NB-Nathan Braverman, NBS- Nancy B. Shuger, MH-Miriam Hutchins, MGR-Marc G. Rasinsky, PM

Patricia Mitchell, DGF - Darryl G. Fletcher, GCP-Gregory C. Powell, KEM- Keith E. Mathews, MBJ – Megan b. Johnson, KYW- Kevin Y. Wiggins, KDPKeith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, KMD-Kimberly M. Davis, LR- Leo Ryan, MLR-Marsha L. Russell, KJRKrystin J. Richardson, SCZ-Susan C. Zellweger, DJW-Dorothy J. Wilson, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps, KCMKathleen C. Murphy

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

May District Court State’s Attorney’s Schedule

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Legislative Session Overview

The 445th Session of the Maryland General Assembly (MGA) concluded on April 10, 2023, capping the historic first session of a new term with a newly elected legislature, Governor, Attorney General, Comptroller, and Treasurer. The MGA introduced 2,275 bills and eight Joint Resolutions in 2023. The following synopsis provides a non-exhaustive overview of legislation that passed during the session.

Cannabis Reform

Last November, Marylanders overwhelmingly voted in favor of a Constitutional Amendment created by the passage of House Bill 1 during the 2022 General Assembly session. The amendment legalizes cannabis for adult use in Maryland, effective July 1, 2023. Senate Bill 516/House Bill 556, introduced by Chairs Brian Feldman (D – Montgomery County) and C.T. Wilson (D – Charles County) for the 2023 Session, establishes a regulatory and taxation structure for implementing adult use sales by the July 1st start deadline. As amended, the bill does the following:

(1) Establishes the Maryland Cannabis Administration as the regulating body for adult use and medical cannabis. The Administration will include the Office of Social Equity, which will focus on promoting and encouraging full participation in the regulated cannabis industry by people from communities that the war on drugs has disproportionately harmed.

(2) Establishes the Capital Access Program under the Department of Commerce.

(3) Allows existing medical cannabis licensees to convert to the adult use market by paying a one-time conversion fee. Converted licensees and forthcoming new licensees will sell both medical and adult use cannabis.

(4) Authorizes new licenses. There can be up to 75 cultivation licenses, 100 processor licenses, and 300 dispensary licenses. This is inclusive of already existing licensees. In addition, the bill allows for the following micro-licenses: 100 cultivation licenses, 100 processor licenses, and 10 dispensary licenses.

(5) Establishes that the first round of new licenses will be issued on or before January 1, 2024. Only social equity applicants, as defined in the bill, are eligible to participate in this round of licensing.

(6) Establishes incubator space licenses as well as on-site

445th Legislative Session

consumption establishment licenses. The former is capped at 10 licenses, while the latter is capped at 50.

(7) Sets ownership caps that match already existing caps in the medical market: one cultivation license, one processor license, and no more than four dispensary licenses per license holder.

(8) Includes a five-year moratorium, whereby a license holder may not sell or transfer ownership of their license for five years.

(9) Sets a 9 percent point of sale tax rate on all adult-use cannabis and cannabis products. Medical cannabis will remain untaxed.

Language that provides explicit protections for employers is not included in the bill as adopted by the Senate and House. The language was determined to be unnecessary as the statute already includes language that allows employers to test employees for substance use and alcohol use. This is likely a provision that will be revisited in future years.

The bill passed in the final days of the session. Adult-use cannabis will be available for sale in Maryland starting on July 1, 2023.

Odor of Cannabis and Searches

In Lewis v. State, 470 Md. 1 (2020), which held that “the mere odor of marijuana alone is not indicative of the amount of marijuana that may be in a person’s possession and does not provide a law enforcement officer with the requisite probable cause to arrest a person and perform a warrantless search of that person incident to the arrest.” However, in the case of In re D.D., 479 Md. 206 (2022), the Court of Appeals held that “the odor of marijuana provides reasonable suspicion of criminal activity sufficient to conduct a brief investigatory detention.”

In response, the MGA passed House Bill 1071, which prohibits a law enforcement officer from

(1) initiating a stop or a search of a person, motor vehicle, or vessel based solely on specified types of cannabisrelated evidence, including the odor of cannabis, and

(2) conducting a search of specified areas of a motor vehicle or vessel during an investigation of a person solely for driving a motor vehicle or vessel while impaired by or under the influence of cannabis. Any evidence discovered or obtained in violation of these restrictions is inadmissible in a trial, hearing, or other proceedings,

445th Legislative Session

even if the evidence was discovered or obtained with the consent of the individual. The bill takes effect on July 1, 2023.

The Child Victims Act of 2023

Within an hour of the release of the Attorney General’s report on child abuse in the Archdiocese of Baltimore, the MGA approved Senate Bill 686/House Bill 1, sponsored by Senator William Smith (D – Montgomery County) and Delegate C.T. Wilson (D – Charles County), to enable more survivors of abuse to file lawsuits against those who have sexually abused them. This is the fourth legislative session that Wilson, a survivor of childhood abuse himself, has sponsored the bill. Up until this session, Wilson’s bill routinely passed the House but never received a vote in the Senate. In order to expedite the bill on this pivotal day, Senator Smith requested that the legislative body suspend Rule 24, which requires every bill to be read on three different days. Fortunately, the legislation was approved by both the Senate and the House and will come into effect on October 1, 2023.

The Child Victims Act of 2023 establishes that an action for damages arising out of an alleged incident or incidents of “sexual abuse” that occurred while the victim was a minor may be filed at any time. “Sexual abuse” is defined in this legislation as any act that involves an adult allowing or encouraging a child to engage in: obscene photography, films, poses, or similar activity; pornographic photography, films, poses, or similar activity; or prostitution; incest; rape; sexual offense in any degree; or any other sexual conduct that is a crime. The bill must be interpreted to apply retroactively to revive any action that was barred by the statute of limitations applicable before October 1, 2023. The bill repeals existing provisions addressing the filing of actions for damages arising out of incidents of child sexual abuse under § 5-117 of the Courts and Judicial Proceedings Article and also repeals provisions from Chapters 12 and 656 of 2017 establishing that the statute of repose in existing statute must be construed to apply both prospectively and retroactively to provide repose to defendants regarding actions that were barred by the application of the period of limitations applicable before October 1, 2017. The bill’s provisions are severable.

Reproductive Health Protection Act

In June 2022, the U.S. Supreme Court, in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022), overturned court precedent regarding abortion access. In response, the MGA this session passed Senate Bill 859/House Bill 808. The bills were introduced

by Senator Will Smith (D-Montgomery County) and Delegate Nicole Williams (D-Prince George’s County).

First, the bills define “legally protected health care” as all reproductive health services, medications, and supplies related to the direct provision or support of the provision of care related to pregnancy, contraception, assisted reproduction, and abortion that is lawful in the State. The bills, subject to a limited exception, then prohibit a judge from issuing a summons if the criminal proceedings or grand jury investigation for which the witness is being summoned relates to a violation of another state’s criminal law involving the provision of, receipt of, or assistance with “legally protected health care” in Maryland. Among other provisions, the bills also (1) require certain subpoena requests to contain a signed affirmation that no portion of the subpoena is intended or anticipated to further any investigation or proceeding related to legally protected health care and (2) prohibit a judge from issuing an ex parte order for the purpose of investigating or recovering evidence of actions related to legally protected health care, unless the acts forming the basis for the investigation or recovery of evidence would constitute a crime in Maryland.

Baltimore County Circuit Court Judgeship

This session, the Judiciary requested only one judge position in Baltimore County, as it was deemed to be in the most critical need of judicial resources. Senate Bill 342/House Bill 555 implements this request by adding an additional judgeship in Baltimore County, thereby increasing the number of resident circuit court judges in the county to 21. The seat corresponds with its budget allocation and therefore becomes available on July 1, 2023.

Court Service Charge for Dishonored Checks

A circuit court, or the district court in any motor vehicle, criminal, or civil case, may impose a service charge for a dishonored check, which is in addition to any other penalty prescribed by law. Beginning October 1, 2023, Senate Bill 99/House Bill 66, introduced by Senator Pam Beidle and Delegate Sandy Bartlett (both D – Anne Arundel County), will increase the service charge amount that may be imposed from $10 to $30.

Grounds for Divorce

Senate Bill 36/House Bill 14 repeals most existing grounds for an absolute divorce and instead authorizes a court to grant an absolute divorce based on the grounds of (1) a six-month separation if the parties have lived separate and apart for six months without interruption

before the filing of the application for divorce even if the parties reside under the same roof or the separation is in accordance with a court order, or (2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage. The bills do not alter the parties’ ability to be granted an absolute divorce based on mutual consent. Finally, the bills also repeal existing provisions that authorize a court to grant a limited divorce. The bill, sponsored by Senator Chris West (R – Baltimore County) and Delegate Vanessa Atterbeary (D – Howard County), becomes law on October 1, 2023.

Gun Safety Act of 2023

On June 23, 2022, the United States Supreme Court issued a 6–3 decision in New York State Rifle & Pistol Association v. Bruen that expanded the Second Amendment right to bear arms guaranteed by the U.S. Constitution. More accurately, the Court significantly curtailed a state’s ability to restrict citizens’ right to carry firearms publicly for self-defense. In response to the Bruen decision, Senator Jeff Waldstreicher (D – Montgomery County) introduced Senate Bill 1 to prohibit a person from wearing, carrying, or transporting a firearm in “an area for children or vulnerable individuals,” “a government or public infrastructure area,” or “a special purpose area.” The definitions are essential in understanding this bill:

(1) “Area for children and vulnerable individuals” - a preschool; prekindergarten facility; a private primary or secondary school; a youth camp; a health care facility; or a shelter for runaway youth.

(2) “Firearm” - a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, or any other firearm. “Firearm” does not include an antique firearm.

(3) “Government or public infrastructure area” - a building owned or leased by a unit of State or local government; a building of a public or private institution of higher education; a location that is currently being used as a polling place or for canvassing ballots; or an electric plant or electric storage facility.

(4) “Special purpose area” - a location licensed to sell or dispense alcohol or cannabis for onsite consumption; a stadium; a museum; a location being used for an organized sporting or athletic activity, a live theater performance, a musical concert or performance for which members of the audience are required to pay or possess a ticket to be admitted, or a fair or carnival; a racetrack; a video lottery facility; or within 100 yards of a place where a public gathering, a demonstration, or an event which requires a permit

from the local governing body is being held, if signs posted by a law enforcement agency conspicuously and reasonably inform members of the public that the wearing, carrying, and transporting of firearms is prohibited.

Finally, a person wearing, carrying, or transporting a firearm may not enter or trespass on property that is posted conspicuously against wearing, carrying, or transporting a firearm on the property; enter or trespass on property after having been notified by the owner or the owner’s agent that the person may not wear, carry, or transport a firearm on the property; or enter or trespass in the dwelling of another unless the other has given express permission, either to the person or to the public generally, to wear, carry, or transport a firearm inside the dwelling. A person who violates the prohibition on wearing, carrying, or transporting a firearm onto real property is guilty of a misdemeanor and, on conviction, is subject to maximum penalties of 90 days imprisonment and/or a $500 fine for a first conviction; imprisonment for 6 months and/ or a $1,000 fine for a second conviction occurring within 2 years after the first conviction; and imprisonment for 1 year and/or a $2,500 fine for each subsequent conviction occurring within 2 years after the preceding conviction.

Tracking Firearms Surrendered Under a Final Protective Order

Senator Pam Beidle and Delegate Sandy Bartlett (both D – Anne Arundel County) introduced Senate Bill 185/ House Bill 3 to expand the authority of the Maryland State Police Gun Center (“Center”) to include tracking, screening, and vetting of all firearms surrendered under final protective orders in the state. Additionally, the bill requires law enforcement agencies to report certain information to the Center, including the number and type of firearms, the jurisdiction where firearms are surrendered, and information on the individual who surrendered the firearms, including age, jurisdictions of residence, and any other information required by the Center. The bill passed and takes effect on October 1, 2023.

Firearm Storage Requirements & Youth Suicide Prevention (Jaelynn’s Law)

Senate Bill 858/House Bill 307, sponsored by Senator Smith and Delegate Bartlett, initially sought to modify and expand the reckless endangerment provisions of the Criminal Law Article by establishing that a person may not recklessly (1) leave or store a loaded firearm in a location where the person knows or reasonably should

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know that an unsupervised minor or a person prohibited from possessing a firearm under State or federal law has access to the firearm, or (2) leave or store a firearm in a location where the person knows or reasonably should know that an unsupervised minor or a person prohibited from possessing a firearm under State or federal law has ready access to the firearm and ammunition for the firearm. A minor could have still accessed a firearm for self-defense or the defense of others against a trespasser. In addition, a minor could have possessed a firearm if the minor has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article or permission from the minor’s parent or guardian to access a shotgun or rifle. A violator would have been guilty of a misdemeanor punishable by imprisonment for up to five years and/or a $5,000 maximum fine. The MGA amended the above out of the bill.

They maintained a modification to the deadly weapon provisions of the Criminal Law Article by expanding the prohibition on access to a firearm by an unsupervised child younger than 16 years of age by establishing that a person may not store or leave (1) a loaded firearm in a location where the person knew or should have known that an unsupervised individual younger than age of 18 or a person prohibited from possessing a firearm under State or federal law has access to the firearm, or (2) a firearm in a location where the person knew or should have known that an unsupervised minor or person prohibited from possessing a firearm under State or federal law has ready access to the firearm and ammunition for the firearm. These changes to the deadly weapon provisions become effective July 1, 2023.

In addition to the criminal law changes above, the bill mandates the Deputy Secretary for Public Health Services establish a stakeholder advisory committee. The advisory committee will make recommendations regarding the development of a youth suicide prevention and firearm safe storage guide. On or before December 31, 2024, the Deputy Secretary of Public Health Services must develop a guide that (1) provides a description of the firearm and ammunition requirements for safely storing firearms under State law; (2) identifies the risks associated with unsafe firearm storage for minors, including suicide, death, or serious bodily injury from accidental discharge, and shooting incidents involving minors; and (3) incorporates best practices for firearm and ammunition safe storage.

Hate Crimes

Senator Ben Kramer and Delegate Charlotte Crutchfield (both D – Montgomery County) reintroduced Senate Bill 5/House Bill 13 to establish stronger remedies for hate crimes. The bill authorizes a person who is the victim under the State’s hate crime law to bring a civil action against the person or persons who committed the crime. This year, the bill passed relatively easily with no amendments and takes effect on October 1, 2023.

Senator Kramer and Delegate Dalya Attar (D –Baltimore City) also introduced Senate Bill 840/House Bill 1243 to establish the Protecting Against Hate Crimes Grant Fund. The fund will provide grants to nonprofit organizations, including faith-based organizations, to provide security enhancements to protect against hate crimes. This bill codifies an already existing grant program and requires that additional funds be allocated in the budget to supplement dollars allocated by the Governor. The Senate Budget and Taxation Committee amended the bill to give the Administration flexibility concerning funding levels for the grant program. The bill takes effect on July 1, 2023.

Repeal of Unnatural or Perverted Sexual Practice

Senate Bill 54/House Bill 131 repeals the crime of unnatural or perverted sexual practice under State law. Under certain circumstances, the bills prohibit expungement of a conviction for unnatural or perverted sexual practice, as the offense existed prior to October 1, 2023. Introduced by Senator Clarence Lam (D – Howard & Anne Arundel Counties) and Delegate David Moon (D – Montgomery County), the bill becomes effective October 1, 2023.

Repeal of Spousal Exemption from Prosecution

Under current law, a person may not be prosecuted for rape in the first degree, rape in the second degree, sexual offense in the third degree, or sexual offense in the fourth degree if the victim is the person’s legal spouse at the time of the alleged rape or sexual offense. This exemption from prosecution does not apply if force or threat of force is used and the act is without consent or if the parties are living separate and apart under a separation agreement or decree of limited divorce. Senate Bill 129/House Bill 4, introduced by Senator Ariana Kelly and Delegate Charlotte Crutchfield (both D – Montgomery County), repeal the exemption from prosecution in its entirety.

Lifetime Sexual Offender Supervision and Crimes of Violence

Senator Jack Baily (R - Calvert & St. Mary’s Counties) and Delegate Brian Crosby (D – St. Mary’s County) introduced and passed Senate Bill 57/House Bill 164 to expand the definition of a “crime of violence” under § 14-101 of the Criminal Law Article to include sexual abuse of a minor and expand the list of offenses that subject an offender to lifetime sexual offender supervision to include a conviction for sexual abuse of a minor and all circumstances involving a conviction for a second-degree sexual offense and an attempt to commit a second-degree sexual offense (as that crime existed before October 1, 2017) when committed by an adult. The bills apply prospectively to a conviction on or after October 1, 2023.

Probation Before Judgment

Senate Bill 211/House Bill 193 (both passed) authorize a court to place a defendant on probation before judgment if the defendant pleads not guilty, the court finds facts justifying a finding of guilt beyond a reasonable doubt, and specified conditions are met, including the consent of the State and a finding by the court that the best interests of the defendant and the public welfare would be served by granting a probation before judgment under this circumstance. The bill, introduced by Senator Chris West (R – Baltimore County) and Delegate David Moon (D – Montgomery County), changes the current law where probation before judgment requires a finding of guilt by a judge or jury – either after trial or after a guilty plea by the defendant. The bill sponsors were trying to reconcile the fact that while probation before judgment is not considered a conviction under Maryland law, it is considered a conviction under federal law, including immigration law. The bill becomes effective on October 1, 2023.

Accessing and Viewing Child Pornography

Beginning October 1, 2023, Senate Bill 226/House Bill 226 will prohibit a person from knowingly or intentionally accessing and intentionally viewing a film, videotape, photograph, or other visual representation showing an actual child or a computer-generated image that is indistinguishable from an actual and identifiable child younger than age 16 (1) engaged as a subject of sadomasochistic abuse; (2) engaged in sexual conduct; or (3) in a state of sexual excitement. A violator will be subject to existing penalties: for a first offense, a violator is guilty of a misdemeanor punishable by imprisonment for up to 5 years and/or a $2,500 maximum fine, while

a subsequent violator is guilty of a felony punishable by imprisonment for up to 10 years and/or a $10,000 maximum fine. Senator Johnny Ray Salling and Delegate Robin Grammer (both R – Baltimore County) introduced and passed the bill.

Exemptions from Execution for Certain Judgments

Senator Charles Sydnor (D – Baltimore County) and Delegate Leslie Lopez (D – Montgomery County) reintroduced Senate Bill 106/House Bill 42 to provide an automatic exemption for $500 “in a deposit account or other account of the debtor’s choice” from execution on a judgment. Current Maryland law provides a $6,000 asset protection in instances of garnishment. The judgment debtor, however, must claim the $6,000 exemption in writing and file with the appropriate court. Many debtors are unrepresented and do not realize that this exemption exists, and even if they do, they do not understand the process and paperwork required to claim it. The bill, therefore, will simply protect $500 of the existing $6000 exemption available to all Marylanders. The cumulative value of cash and property exempted under the bill’s exemption and the existing election-based exemption may not exceed the current statutory limit of $6,000. The bill takes effect on October 1, 2023.

Judgment Collection

Under current law, a creditor may request the court to issue a show cause order if the debtor (1) ignored written interrogatories and a court order to respond to the written interrogatories or (2) failed to appear in court for an examination. If the debtor fails to appear in court for a show cause hearing, the judge may issue a body attachment authorizing the debtor to be taken into custody and to be brought before the court to explain the failure to appear. House Bill 127 prohibits the district court, in a small claims action, from (1) ordering an individual to answer interrogatories in aid of execution of a money judgment or (2) ordering the appearance of an individual for an examination in aid of enforcement of a money judgment. The bill takes effect on October 1, 2023.

Tax Sales - Notices and Payment Redemption

Sponsored by Delegate Vanessa Atterbeary (D – Howard County), House Bill 21, as amended, permits property owners that have had certain properties sold at tax sales to request additional notice. Specifically, owners of owneroccupied residential property that has been sold at a tax sale and is not subject to a complaint to foreclose the right

of redemption may request the current payoff amount to redeem the property from the holder of the certificate of sale. Additionally, the bill authorizes a current mortgagee of the property to request the current payoff amount. The authorization applies in jurisdictions other than Baltimore City, which already has a similar law. Under the bill, the payoff amount provided by the holder of the certificate of sale must include only expenses incurred before the holder of the certificate of sale receives the request for the payoff amount and be deemed valid for 30 days from the date provided. Finally, the bill also requires that an email address be included in the holder’s and the tax collector’s contact information that is provided in notices sent by the holder. The bill passed and takes effect on July 1, 2023.

Sheriff Sale Process

Senator Mike McKay (R – Garrett, Allegany, & Washington) and Delegate Brooke Grossman (D –Washington County) introduced Senate Bill 277/House Bill 729, which establishes that a sheriff’s sale of real property extinguishes any subordinate lien or interest on the land being sold. The bill initially required judgment creditors to provide certain forms of notice before a sheriff’s sale, but those provisions were amended out of the bill before passage. The bill takes effect on October 1, 2023.

Threshold Amounts for Indemnity Mortgage Exemptions

Senator Craig Zucker (D – Montgomery County) and Delegate Dalya Attar (D – Baltimore City) introduced Senate Bill 476/House Bill 371, which increases the minimum amount an indemnity mortgage must secure before being taxable from $3.0 million to $12.5 million, thereby subjecting fewer indemnity deeds of trust to recordation taxes. Prior to passage, the bill was amended to extend the effective date to July 1, 2024.

License Required in Housing Court

After Governor Larry Hogan vetoed the bill last year, Senator Shelly Hettleman (D – Baltimore County) and Delegate Mary Lehman (D – Anne Arundel and Prince George’s Counties) reintroduced Senate Bill 100/House Bill 36 to require housing providers in jurisdictions that require licensure to be licensed in order to bring an eviction action in District Court. Governor Hogan vetoed last year’s bill due to significant loopholes in jurisdictions that require multiple rental units to be included on one license. After prolonged debate, this year’s version of the bill was heavily amended prior to passage to address the

significant loopholes pointed out by housing providers. As amended and passed, the bill requires a housing provider to be licensed in order to bring eviction actions in District Court if the actions are brought in a jurisdiction that requires the license. However, this year’s bill includes exceptions where the housing provider demonstrates that the lack of a license is due to the actions of the tenant, errors, or omissions from the licensing jurisdictions, or due to a unit that is not the subject of the action when the unit in question meets certain criteria. The bill takes effect on October 1, 2023.

Notice of a Rent Increase

Delegate Melissa Wells (D – Baltimore City) reintroduced House Bill 151 to require housing providers to notify tenants before increasing the rent. As amended, the bill requires housing providers to send written notice of a rent increase to the tenant by first-class mail with a certificate of mailing or by electronic delivery if the tenant has elected electronic delivery. A landlord must provide the increase notice 90 days in advance for tenancies of a term of more than one month, 60 days for tenancies with a term of one month, 7 days in advance for a tenancy of less than a week with a lease, and 28 days in advance for a tenancy of less than one week without a lease. Finally, the bill prohibits housing providers from conditioning acceptance of a lease application on the tenant’s election to receive such notices by electronic delivery or use a lease that requires the tenant to accept notice of rent increases by electronic delivery. The bill ultimately passed and becomes effective on October 1, 2023.

Limitations of Summoning Law Enforcement

Senator Dawn Gile (D – Anne Arundel County) and Delegate Julie Palakovich-Carr (D – Montgomery County) reintroduced Senate Bill 450/House Bill 215 to prohibit a landlord from including provisions in a lease that limit a tenant’s ability to summon law enforcement or emergency services. Further, the bill prohibits landlords from undertaking retaliatory actions in response to a tenant summoning law enforcement or emergency services to the property. Finally, the bill prohibits counties and municipalities from enacting local laws that establish residential properties as nuisances based on the number of requests to summon law enforcement or emergency services. The bill passed and takes effect on October 1, 2023.

Family and Medical Leave Insurance - Employer/ Employee Contributions and Benefits

In the 2022 Legislative Session, the MGA codified

Maryland’s Family and Medical Leave Insurance (FAMLI) Program, which is a state-run program that provides wage replacement benefits to eligible workers who take time off from work to care for a newborn or a seriously ill family member or to recover from a serious health condition. The program is funded through payroll deductions and provides up to 12 weeks of paid leave annually. To be eligible, workers must have earned at least $1,000 in wages from covered employment in the state in the previous year and must have a qualifying reason for taking leave. During the interim, the MGA commissioned an actuarial study to set the appropriate contribution rates for employers and employees. As a result, Senate Bill 828/ House Bill 988, introduced by Senator Antonio Hayes (D – Baltimore City) and Delegate Lily Qi (D – Montgomery County), set the employer/employee contribution split at 50%/50%. The bill also delays the program’s start dates for contributions and benefit payments by one year, to October 1, 2024, and January 1, 2026, respectively. Furthermore, the bill removes the requirement that an individual must exhaust all forms of employer-provided

leave that are not required under law before accessing FAMLI benefits, although an individual employer may require that FAMLI benefits be coordinated with other benefits or leave. The bill takes effect on June 1, 2023.

Fair Wage Act

Introduced by Governor Wes Moore, Senate Bill 555/ House Bill 549 will increase Maryland’s minimum wage to $15 beginning January 1, 2024. The Administration and proponents of the bill contended that the legislation will help alleviate undue financial pressure on working Maryland families as a result of rent increases and inflation. In response, opponents of the legislation contended that an increase in the wage would place untenable financial pressure on Maryland’s small businesses. The initial draft of the legislation would have raised the minimum wage to $15 per hour and attached the wage to the Consumer Price Index (CPI) for an annual increase. However, the CPI provision was ultimately stripped from the bill. The amended version of the bill passed, and the statewide minimum wage will increase to $15 beginning January 1, 2024.

445th Legislative Session

Sports Wagering Contracts – Prohibition for Institutions of Higher Education

Senate Bill 620/ House Bill 802 was introduced by Senator Shelly Hettleman (D – Baltimore County) and Delegate Jheanelle Wilkins (D – Montgomery County) to prohibit higher education institutions from entering into a contract with a regulated gaming organization or one of its agents if the contract specifies that the institution will be compensated with a commission, bonus, or other incentives if it successfully recruits students to participate in sports wagering or online sports wagering. Additionally, this legislation prohibits an institution from also entering into a contract with a sports marketing organization that enters into a contract with a regulated gaming organization or one of its agents if any of the organizations involved receives a commission, bonus, or any other incentive payments under the conditions explained above. The 67 bill may not in any manner undermine a preexisting obligation or contractual right. This legislation will become effective on July 1, 2023.

Electronic Filing and Signatures

Senate Bill 253/House Bill 244 requires a register of wills to accept any document, except an original will, that is filed electronically through a system established by the register and in accordance with the Maryland Rules. However, the bills do not prohibit filing a document in paper form with a register. The bills also prohibit a register from refusing to accept any document based on the manner in which it was signed. For the purposes of the bills, “sign” means, with present intent to authenticate or adopt a record, to (1) execute or adopt a tangible symbol or (2) attach to or logically associate with the record an electronic symbol, sound, or process.

Maryland Trust Decanting Act

The Maryland Trust Decanting Act established by Senate Bill 446/House Bill 687 allows for an authorized fiduciary, including a trustee, to exercise the decanting power under specified conditions. The bills must be construed to apply retroactively and must be applied to and interpreted to affect any trust created before, on, or after October 1, 2023, that has its principal place of administration in this State or is governed by the law of this State.

Power of Attorney

Senate Bill 851/House Bill 18 amends the Maryland Statutory Form Personal Financial Power of Attorney by, among other things,

(1) granting an agent additional authority to take action on the principal’s behalf;

(2) adding a warning to the principal about the potential effects of authority granted to the agent; and

(3) adding information for the agent about the agent’s duties to the principal.

The bills amend both the Maryland Statutory Form Personal Financial Power of Attorney and the Maryland Statutory Form Limited Power of Attorney to include specified authorization for an agent to perform the acts necessary to enable the principal to qualify for a governmental benefit or program. The bills also make related changes to a specified grant of authority and optional grants of specific authority in the Maryland Statutory Form Limited Power of Attorney regarding gifts and transfers and the creation and funding of specified trusts or accounts.

– Tommy Tompsett, Esq.

Promoting Positive Mental Health

Studies have suggested that lawyers experience a disproportionately high level of mental health issues compared to other professions. For example, a 2016 study by the American Bar Association found that 28% of lawyers suffer from depression, 19% from anxiety, and 23% from stress. These figures are significantly higher than the general population.

Several factors may contribute to this phenomenon. First, the high-pressure, high-stakes nature of legal work can lead to chronic stress, long hours, and a culture of perfectionism that can take a toll on mental health. Lawyers also often have to deal with emotionally challenging cases and may experience secondary traumatic stress as a result. In addition, the stigma surrounding mental health issues may discourage lawyers from seeking help, exacerbating the problem. Finally, some lawyers may also turn to substance abuse as a way of coping with the stresses of the profession.

However, it’s worth noting that there is increasing awareness of the issue, and many organizations are taking steps to address the mental health challenges lawyers face. This includes providing resources for mental health support, encouraging a more open and supportive culture, and promoting work-life balance.

It’s not possible to altogether avoid mental health issues, but there are steps that lawyers can take to reduce their risk and promote good mental health:

• Seek support: Lawyers need to recognize that it’s okay to ask for help when they need it. This may include talking to a therapist or counselor, reaching out to colleagues or friends for support, or seeking resources through their employer or professional organization.

• Practice self-care: Lawyers should prioritize taking care of themselves physically and emotionally. This

may include getting enough sleep, exercising regularly, eating a healthy diet, and engaging in activities they enjoy outside of work.

• Manage stress: Lawyers can benefit from learning stress management techniques, such as mindfulness meditation or deep breathing exercises. Setting realistic goals and deadlines and taking breaks when needed are also essential.

• Establish boundaries: It can be challenging for lawyers to maintain a healthy work-life balance, but it’s important to set boundaries and prioritize time for personal relationships and activities.

• Address substance use: Lawyers should be aware of the risks of substance use as a coping mechanism and seek help if they develop a problem.

• Seek a supportive workplace culture: Employers and professional organizations can take steps to promote a supportive workplace culture that prioritizes employee well-being. This may include providing resources for mental health support, promoting worklife balance, and addressing the stigma surrounding mental health issues.

Each month in the Adovcate, you may see a green and black advertisement for the MSBA’s Lawyer Assistance Program (LAP). We are fortunate in Baltimore County to have members willing to help our fellow lawyers with whatever mental or substance use issues they may be experiencing. The help is free, confidential, and nonjudgmental. So, if you or someone you know in the legal profession is struggling, reach out to one of the BCBA members listed in the LAP advertisement. Promoting positive mental health can benefit lawyers in many ways, both personally and professionally.

– Tommy Tompsett, Esq.

Stuart Axilbund saxilbund@axilbund.com

Mary Chalawsky chalawsky@gmail.com

Marissa Joelson MJoelson@lawpga.com

William Kerr wlawkerr@verizon.net

Richard Lynas lynas.richard@yahoo.com

Jay Miller JMiller@lawpga.com

Gary Miles gary@lawhjm.com

Jose Molina jamolinalaw@gmail.com

Sam Moxley smoxley@baltimorecountymd.gov

Joseph Murtha jmurtha@mpllawyers.com

Karen Pilarski karenapilarski@gmail.com

Bill Saltysiak wsaltysiak@gmail.com

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

I often hear from my clients that they have let themselves down or have failed, and don’t want to try again because they might fail again. Reframing how we look at “failure” helps us feel better about ourselves and be more successful. If you are afraid to fail, then you might as well give up before you even begin, because the only people who don’t make mistakes are those who don’t do anything. How you handle mistakes is more important, and it only becomes a “failure” if you stop trying until you succeed. Taking risk and believing in yourself will not only help build your self-esteem, but can also lead to success in life.

To help you put this in perspective, here are a few extremely successful people who failed before they became successful:

• Walt Disney was fired from the Kansas City Star because his editor felt he “lacked imagination and had no good ideas.” He continued to fail several more times before he was successful.

• Oprah Winfrey was publicly fired from her first television job as an anchor in Baltimore for getting “too emotionally invested in her stories.”

And the list goes on and on.

Steps To Being Successful And Feeling Good About Yourself

1. Ask yourself what you want in life. If you don’t ask yourself this question, then you won’t know what steps to take to get there. Break it down. Look at short and long-term goals. Come up with steps you need to get there. Do not overwhelm yourself; pick one goal and then determine what is your first step.

2. Live with intent. Don’t just get caught up in life. Make sure you know why you are doing what you are doing. Actively ask yourself, “Why am I doing this?”

3. See the forest through the trees. Ask yourself, what is the big picture? What are you trying to accomplish? If you know what you want to accomplish, then you can build a plan and develop steps to help you accomplish your goal.

4. Be gentle with yourself. How we speak to ourselves has a huge impact on our self-worth and therefore our courage to try new things. Think of how you would speak to a friend trying to accomplish something new. I’m pretty sure you wouldn’t say, “you will never succeed”, “you’re not smart enough,” or “you will just fail again.” If you speak to your friends like this, you wouldn’t have too many friends. Often, this is how we speak to ourselves. We can be very harsh and critical, and this is very damaging. So, the next time you are “talking” to yourself think, “how would I talk to a friend?”

5. Be prepared to fail. Failing is how you learn; improve and then move forward differently. Look at failing as part of the process, and not as something negative.

6. Don’t forget about self-care. Self-care is important in every aspect of your life. If you aren’t taking care of yourself it will catch up with you and you won’t be able to take care of anything or anyone else. Self-care can include: exercise, eating healthy, decompressing, healthy sleep habits, family time, etc.

7. Take a healthy risk. Playing it safe usually won’t get you too far. Take a risk and put yourself out there. Discuss your ideas with people you trust, do your research and go for it.

8. Get an objective perspective. Call your Lawyer Assistance Program to discuss your idea, stay grounded and decrease your stress.

– Lisa Caplan, LCSW-C, Director , Lawyer Assistance Program

BCBA Feature: Mental Health Awareness

10 Tips for Developing Inner Peace

When you hear someone say, “inner peace”, what words do you think of? For me words like “calm,” “quiet,” “serene,” and “well-being” come to mind. What images does it bring to mind? I think of people having fun, sitting quietly, being outdoors and nature. But inner peace most likely means different things to different people. The following ten tips will hopefully help you find your inner peace.

1. Be true to yourself. Don’t be so concerned with what others think. Instead, live a life that you are proud of and makes you happy. Just because it may not work for someone else does not mean it’s not right for you.

2. Start your day working on your most difficult task. It is stressful to have something hanging over your head. When you get it done early, it will lower your stress and allow you to be more productive.

3. A cluttered space is a cluttered mind. An environment free of clutter allows you the space,

literally, to think. Start small and pick one area to organize and work from there.

4. Simplify your life. Live with intent by really thinking about what is important to you. Hold on to that, and get rid of the rest. Some of the things you hold onto may not necessarily be fun, but might serve a purpose that you can’t let go of. Making an active decision helps you feel more in control.

5. Find a relaxation technique that you like and works for you. Whether it’s deep breathing, a free mindfulness app, or yoga, find something that works for you. There are many options. Giving your mind a break helps you manage life better. Yoga has taught me to take what I learn on the mat out into the real world. It teaches me to respond, not react, to my life. Find something that works for you. If you aren’t sure, call the Lawyer Assistance Program and we will work together to find something for you.

6. Live with integrity. Living within your morals and values creates a sense of peace. Make decisions that you feel good about. We all make mistakes; so don’t beat yourself up. We are all human. Just make amends and move on, and keep trying.

7. Try to focus on what you are doing at the moment. Living in the past can cause depression and focusing on the future can cause anxiety. When you find yourself in the past or in the future ask yourself, “What do I need to do right now?”

8. Just Breathe. Breathe in to the count of five like you are filling up a balloon from your feet to your head, hold for five, and then release either through your nose or mouth to the count of five. Try not to get caught up in the numbers. Some people find that counting is distracting; if it is, then forget the numbers, and just do the exercise very slowly. Repeat.

9. Think of three things that you are grateful for at this moment. They can be very simple. Taking the time to be grateful can be a great mindfulness exercise and calm your mind.

10. Speak nicely to yourself. Imagine you are talking to a friend. Would you speak to a friend like you do to yourself? Probably not; so take the time to be patient and kind to yourself.

– Lisa Caplan, LCSW-C, Director, Lawyer Assistance Program

A family of brands

Multi-Specialty HealthCare has continued to expand its footprint across the mid-Atlantic. We are excited to announce that as we expand, we will be combining our family of premier injury care providers into one, Excelsia Injury Care.

PROUD SPONSOR OF THE BALTIMORE COUNTY BAR ASSOCIATION

The Benefits of the Judicare Program for Volunteer Attorneys

Maryland Volunteer Lawyers Service (MVLS) administers a family law reduced-fee program called the Judicare Project in response to the substantial number of unrepresented, low-income litigants in the family courts, especially in highly-contested family law disputes. The Judicare Project is funded through the Maryland Legal Services Corporation (MLSC) who provides grants to nonprofit organizations that provide civil legal services for low-income Marylanders. Since 1982, MLSC has made grants totaling over $376 million to help provide services in more than 4 million legal matters. In addition to our program, the Women’s Law Center in Baltimore County is funded to provide Judicare services, as well as other similar providers located throughout the State of Maryland. Through the Judicare Project volunteer attorneys are compensated for their client representation with a low bono rate of $120 per hour for attorney time and $40 an hour for support staff time per case, up to a total of $4200 per case. Any additional time required for the attorney to complete the case shall be provided pro bono. Attorneys must have at least three years of family law experience to participate in the Judicare Program or have been mentored by an identified Judicare volunteer attorney for two years.

As the first family law attorney for MVLS and having served as an MVLS Judicare volunteer myself, I can personally attest to the benefits of the program and believe I have the unique ability to understand and to recognize both the challenges and, most importantly, the rewards associated with being a volunteer attorney for MVLS.

As a volunteer attorney for the Judicare Project, you can benefit your community while being paid for your services. MVLS clients need the legal services they receive, and, through volunteering, you can make a true difference in their lives. In addition to receiving a low bono rate for services, other benefits to volunteering include opportunities to:

1. Become involved in improving the lives of others through your legal representation.

2. Interact with people from diverse backgrounds which allows one to gain and develop other perspectives.

3. Do work for which you have a passion.

4. Use and develop your legal skills to enhance and grow your practice.

5. Engage with and learn from a wonderful community of committed attorneys through an interactive listserv and mentoring activities.

6. Access and participate in family law trainings provided by MVLS and other legal organizations.

7. Develop a sense of accomplishment by providing a worthwhile and valuable service to your community and to our clients.

MVLS also provides malpractice insurance to its attorney members.

While family law cases can be complex and often challenging, they are the most rewarding to represent. Clients facing divorce and custody issues need competent and empathic attorneys to help these most vulnerable individuals to navigate through a very emotional and uncertain time in their lives.

One of our Judicare attorneys expresses what the Judicare Program means to her:

“All of the clients I have assisted at MVLS have appreciated my assistance. However, what stands out to me is when a client becomes tearful with happy tears of joy and relief when we have accomplished their goals and their voices have been heard, whether the client was awarded custody of their children, or an amount of alimony needed to be able to afford to put food on the table. My favorite part about volunteering is the feeling I get when I have empowered someone to stand up for his/her rights.”

To inquire about joining the Judicare attorney panel you may contact Nancy Grimm, MVLS Family Law Attorney at 443-451-4071 or ngrimm@mvlslaw.org You may also contact Margaret Henn, MVLS Director of Program Management Director, at 443-451-4067 or mhenn@mvlslaw.org

– Nancy Grimm, Esq.

BCBA Events

Chopped 2023

Chopped returned to the BCBA this year with yet another mind-boggling combination of foods that arguably should never be on the same plate. The ingredients included: giant clams, lotus root, artichokes, stuffed grape leaves with quinoa, baby guava, bamboo salt chia seed crackers, and strawberry wheat beer. Despite their lack of culinary compatibility, our brave contestants whipped the ingredients into five creative and delicious (in some cases) entries:

New job? Promotion? Hanging a shingle? Tell us about it! The Advocate would like to feature your professional news in our next issue. Please email rruocco@bcba.org with your updates.

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Tyler Nowicki enlisted Google for assistance, and I’m not sure what happened, but things “did not go as planned.” At least his sous chef was cute!

President Jack Turnbull and Stuart Schadt teamed up again to create what was, at the very least, a beautifullyplated meal.

Alex Walsh created a “not very good” stir fry by throwing everything into a pot and frying it.

BCBA Events

And last but not least, the winner of our challenge was Laura VillaSanta, who stuffed artichokes with a mixture of the chia seed crackers, quinoa from the grape leaves, and strawberry beer steamed clams. Laura accompanied her meal with homemade lotus chips, a cranberry jalapeño dip, and a guava martini. Both her canine and human taste testers approved wholeheartedly.

Overall, Chopped raised $4,029.79 for the BCBA’s charity, Safe Alternative Education Foundation. Congratulations, Laura, and to all of our contestants for their entries!

– Hon. Tracee Orlove Fruman

Want to see your Want to see your Want to see name in print print name in print on something on something on something other than your than other your business card? business card? YES

VOLUNTEER TO WRITE FOR THE ADVOCATE!

Neil Fick created a lovely dinner for two and looked very chef-like in his apron.

Baltimore County Pro Bono Day, A Success!

On April 12, 2023, the Baltimore County Bar Association hosted a Pro Bono Day volunteer opportunity, along with Maryland Legal Aid and the Maryland Volunteer Lawyers Service. A dedicated group of six volunteer attorneys from the bar association, as well as several Maryland Legal Aid staff attorneys served 22 clients with a variety of housing, family, expungement, and elder law issues.

The event was held at the Woodlawn Public Library from 4pm-7pm. Clients were grateful for the opportunity to meet with an attorney and get legal advice. For the volunteers, it was an opportunity to give back to the community in partnership with other bar association attorneys.

Pro bono participation was down during the pandemic, yet the need for legal advice among those who cannot afford an attorney remains high. It was great to see members of our bar association come out to assist the community at a time when so many are still in need.

– Margaret Henn, Esq.

Meet the Law Clerks

Antonina “Nina” Clay | Clerk for the Honorable Stacy Mayer

Where did you grow up?

Fallston, Maryland

Where did you attend college and law school?

Saint Vincent College | University of Baltimore School of Law

What are your career aspirations after your clerkship?

I hope to practice criminal law once my clerkship is completed and eventually transition into veteran’s law.

What is your biggest take-away from your clerkship?

How important it is to be organized, as it essential to being prepared for whatever may come your way.

What is your favorite movie OR favorite book?

My favorite book is the Harry Potter series.

What do you like to do in your free time (hobbies)?

I like to bake and cook and spend as much time outside as possible.

Meaghan N. Farnham | Clerk for the Honorable Vicki Ballou-Watts

Where did you grow up?

Long Island, New York

Where did you attend college and law school?

Loyola University Maryland, Bachelor’s in Political Science (cum laude)

The University of Baltimore School of Law, Juris Doctor (cum laude)

What are your career aspirations after your clerkship?

I hope to litigate disability and education law through the lens of children’s advocacy. Ideally, I would join the Federal Department of Education as general counsel, but I am happy to explore options as private counsel for various school districts or firms that represent school districts. The reopening of schools in Maryland following the initial COVID outbreak makes for an exciting time in children’s legal advocacy, and I’m enthusiastic to begin my career at this moment in history.

What is your biggest take-away from your clerkship?

My clerkship has provided me with an opportunity to learn from the distinguished judges in Baltimore County and to witness an array of court proceedings firsthand. There is so much to learn by observing and asking questions, and I am so fortunate to have accepted a position with Judge Ballou-Watts because she is generous with her time and has a delightful spirit and sense of humor. Each day comes with its own surprises, and I have a new-found appreciation for flexibility and teamwork.

What is your favorite movie OR favorite book?

The Heart’s Invisible Furies by John Boyne.

What do you like to do in your free time (hobbies)?

During my free time, you can find me reading, secretly propagating others’ houseplants, and exploring Maryland with my puppy, Denver (weather permitting).

Briah Gray | Clerk for the Honorable Dennis M. Robinson

Where did you grow up?

Frederick, Maryland

Where did you attend college and law school?

Penn State University (We Are!) | University of Maryland

Francis King Carey School of Law

What are your career aspirations after your clerkship?

After my clerkship I will be an associate at Pessin Katz Law in the Labor, Employment, and Education group.

What is your biggest take-away from your clerkship?

The biggest take-away from my time as a law clerk has been understanding what it means to be a “good lawyer” from a judge’s perspective. As an aspiring litigator I have learned how much of a difference it can make when you do the small things. Observing court has highlighted the importance of proper courtroom decorum, concise arguments and efficient research. I get a sneak peek at “good lawyering,” and I look forward to incorporating these skills as a practicing attorney.

What is your favorite movie OR favorite book?

My favorite movie is Matilda.

What do you like to do in your free time (hobbies)?

Outside of work I enjoy trying new restaurants with friends, working out and watching college football.

Alexandra Green | Clerk for the Honorable Ruth Jakubowski

Where did you grow up?

Sparks, Maryland

Where did you attend college and law school?

University of Maryland, College Park | University of Maryland

Francis King Carey School of Law

What are your career aspirations after your clerkship?

After my clerkship I hope to work in civil litigation in the Baltimore area.

What is your biggest take-away from your clerkship?

My clerkship has been an invaluable experience. I have gained a greater understanding of the litigation process and have been able to witness how judges analyze issues and make decisions.

What is your favorite movie OR favorite book?

My favorite book is Pride and Prejudice by Jane Austen.

What do you like to do in your free time (hobbies)?

I love to read and spend time with my dogs. I am also a big sports fan and love to watch all Ravens, Capitals, and Orioles games.

Regan Leavitt | Clerk for the Honorable John J. Nagle III

Where did you grow up?

Annapolis, Maryland

Where did you attend college and law school?

University of Michigan | University of Baltimore School of Law

What are your career aspirations after your clerkship?

I will be working at Rollins, Smalkin, Richards & Mackie practicing insurance defense and general litigation.

What is your biggest take-away from your clerkship?

Always be on time! And pre-mark exhibits. :)

What is your favorite movie OR favorite book?

My favorite movie AND books are the Lord of the Rings Trilogy.

What do you like to do in your free time (hobbies)?

Pickleball! And watch the Philadelphia Eagles… Go Birds!

Sasha Magruder | Clerk for the Honorable Jan M. Alexander

Where did you grow up?

Baltimore, Maryland

Where did you attend college and law school?

University of Maryland, College Park | University of Baltimore School of Law

What are your career aspirations after your clerkship?

After my clerkship, I would like to practice civil litigation in the areas of products liability and personal injury.

What is your biggest take-away from your clerkship?

My biggest take-away from my clerkship is insight on how the courts and judges operate. It’s one thing to learn about it in school but seeing it in-person, in real time each day is different.

What is your favorite movie OR favorite book?

My favorite movie is Home Alone.

What do you like to do in your free time (hobbies)?

I enjoy traveling and hanging out with family and friends in my free time.

Mitch McCardell | Clerk for the Honorable Robert E. Cahill, Jr.

Where did you grow up?

Baltimore, Maryland

Where did you attend college and law school?

University of Maryland, College Park | University of Baltimore School of Law

What are your career aspirations after your clerkship?

I would like to start by gaining experience as an assistant state’s attorney and then see where I go from there.

What is your biggest take-away from your clerkship?

I felt like law school, especially with COVID, didn’t do a particularly great job on preparing students how to actually become lawyers, and the clerkship has been a perfect segue way into that as you get to see so many different lawyers and their different styles and approaches.

What is your favorite movie OR favorite book?

Probably Forrest Gump.

What do you like to do in your free time (hobbies)?

Golf, fishing, concerts.

Bridgid McCarthy | Clerk for the Honorable Garret P. Glennon

Where did you grow up?

Montgomery County, Maryland

Where did you attend college and law school?

Towson University| University of Baltimore School off Law

What are your career aspirations after your clerkship?

I recently accepted a position at the Baltimore County State’s Attorney’s Office.

What is your biggest take-away from your clerkship?

This clerkship has provided insight into the realities of litigation and the practical skills required to be successful in this field. Not only has this clerkship been extremely beneficial in that regard, but I have also had so much fun learning from my judge and the other attorneys that I have met throughout this experience.

What is your favorite movie OR favorite book?

My favorite movie is Dead Poet’s Society, and my favorite book is The Outsiders.

What do you like to do in your free time (hobbies)?

In my free time I enjoy reading, watching Dateline, and going out to eat with friends.

Jay Hong | Clerk for the Honorable Michael S. Barranco

Where did you grow up?

Ellicott City, Maryland in Howard County

Where did you attend college and law school?

UMBC | University of Baltimore School of Law

What are your career aspirations after your clerkship?

It is my hope to pursue a career as an assistant state’s attorney, and my clerkship experience has certainly piqued my interest in civil litigation.

What is your biggest take-away from your clerkship?

During my clerkship, I learned the importance of preparation, which translates to better trial advocacy and understanding of what the pivotal issue(s) are in a matter. This was further reinforced upon observation of various arguments by the attorneys and their styles of presentation at trial.

What is your favorite movie OR favorite book?

Haynes Repair Manual Mazda MX-5 Miata 1990 – 2009.

What do you like to do in your free time (hobbies)?

Probably stemming from my early childhood exposure to LEGOs, I enjoy building, fixing, repairing cars. I participate in motorsports and occasionally race at SM (Spec Miata) events, which involves building a car from either a donor shell or an OEM stock platform. Aside from the fast lane, I enjoy both pier and open saltwater fishing with my dog.

Erin Winkelmeyer | Clerk for the Honorable Keith R. Truffer

Where did you grow up?

Pasadena, Maryland

Where did you attend college and law school?

Mount St. Mary’s University | University of Baltimore School of Law

What are your career aspirations after your clerkship?

I would like to begin working in public service, then move into the federal government. Ultimately, I would like to be in-house/general counsel for a business in my community.

What is your biggest take-away from your clerkship?

The trial skills that I have witnessed in the courtroom from different lawyers. I am learning what to do practically in the courtroom.

What is your favorite movie OR favorite book?

My favorite book changes constantly. The current series I’m reading is Throne of Glass by Sarah J. Maas.

What do you like to do in your free time (hobbies)?

I enjoy coaching volleyball, playing volleyball, hanging out with friends, and going on hikes.

Katherine L. Simon | Clerk for the Honorable Andrew M. Battista

Where did you grow up?

Baltimore County, Maryland

Where did you attend college and law school?

University of Baltimore| University of Baltimore School of Law

What are your career aspirations after your clerkship?

Following my clerkship, I hope to pursue a career in either criminal law or family law.

What is your biggest take-away from your clerkship?

I learned so much just by watching other attorneys in the courtroom throughout my clerkship. I also highly valued the insight provided by Judge Battista and the other judges I’ve had the opportunity to work with.

What is your favorite movie OR favorite book?

My favorite movie is the Great Gatsby.

What do you like to do in your free time (hobbies)?

I enjoy playing with my dog, Duncan.

Luciana Brienza | Clerk for the Honorable Nancy Purpura

Where did you grow up?

Bethlehem, Pennsylvania

Where did you attend college and law school?

The George Washington University

Villanova University Charles Widger School of Law

What are your career aspirations after your clerkship?

I will be joining Baxter Baker in their medical malpractice defense department.

What is your biggest take-away from your clerkship?

I’ve enjoyed getting to observe various proceedings and dockets and watch great lawyers in action. As someone coming from out-of-state, getting to learn more about Maryland statutes, rules, and case law has been invaluable for my future practice in the Baltimore area.

What is your favorite movie OR favorite book?

Catcher in the Rye

What do you like to do in your free time (hobbies)?

I love to cook and make cocktails. I also love reading (I’m trying to read 52 books this year) and spend lots of my free time watching the Yankees/Giants/Islanders.

Welcome to the BCBA Dion Thorpe!

In February 2023, the BCBA welcomed Dion Thorpe as its new marketing/social media coordinator. Before joining the BCBA team, Dion worked as a communication/ marketing design specialist and videographer/ photographer at Alvernia University. Joining the BCBA allows Dion to continue doing what he loves–content creation that is used for advertising/marketing–and provides him with legal experience.

Dion is a Baltimore native and grew up in Baltimore City. He attended Baltimore City College for high school and then Alvernia University. A fun fact about Dion is that he has a twin brother. He said that in high school, many people didn’t realize that he was a twin and were shocked to find out that they might not have been seeing or talking to Dion, but rather, his twin! Dion also played football from the age of five until he was 21.

As part of the BCBA team, Dion is responsible for developing social media content plans consistent with our brand identity, creating meaningful content on all social media platforms, improving customer engagement, and promoting social media campaigns. So, if you’ve seen any of the BCBA’s amazing posts on social media lately, you can thank Dion!

Dion feels very fortunate to be doing the work he enjoys most and hopes to continue to build on the experiences he has gained in college and beyond to eventually start his own business. “For as long as I can remember, I have always loved to create content, whether it’s photography, videography, or digital content,” said Dion.

When asked what he likes about working for the BCBA, Dion said, “I love that every day that I come into work, I have the ability to do something different and tackle a new task.” Dion also highlighted how welcoming the BCBA staff and membership have been since he came aboard. As Dion grows in his role with the BCBA, Dion looks forward to “building great connections and participating in the many amazing events that are hosted by the BCBA.”

As much as Dion enjoys his work, he is equally passionate about his hobbies. Unsurprisingly, Dion’s interests outside of work also involve creating content! “Outside of work, you will more than likely see me with a camera in my hand. I love to just create as much content as I can, whether it’s for sports or portraits, because it allows me to live in the moment and also reflect on the awesome things happening around me,” said Dion, who is also an avid video gamer. Dion attributes the start of his love for content creation to a workshop course in photography that he took at Johns Hopkins University during high school.

The BCBA welcomes Dion to our community!

– Hon. Tracee Orlove Fruman

Dion Thorpe

McNees Wallace & Nurick is expanding into Baltimore County, Md., with a team of seven lawyers and seven support professionals joining from Towson-based Sagal, Filbert, Quasney & Betten, P.A. (SFQB), effective Friday, April 28.

As its team moves to McNees, SFQB announced it will begin the process of concluding operations. McNees will occupy SFQB’s 4,810-square-foot offices at 600 Washington Ave, Suite 300, in Towson.

Attorneys Stuart Sagal, Daniel Quasney, Alan Betten, Kim Manuelides, Rick Grams, and Christopher Merrill will join McNees as members, and Jakob Metz will join as an associate. SFQB’s seven support professionals, including legal secretaries, a billing and accounting coordinator, a receptionist and a title agent, will also make the move to McNees.

This is the second Maryland location for McNees, which will synergize with the firm’s team of eight attorneys serving clients from Frederick.

“The reputation and experience of the attorneys and professionals in Towson will bring immediate benefit to McNees’ existing clients and create a wealth of opportunities for collaboration with our existing teams in Maryland, Pennsylvania and Washington, D.C.,” McNees Chair Brian Jackson said. “Their close community ties and deep knowledge of Maryland’s real estate and business law complement our growing Frederick team and furthers McNees’ purposeful investment in Maryland.”

The Towson team has a niche practice in property management law and has real estate, construction, commercial business and related litigation experience, strengthening McNees’ established Real Estate and Construction Groups. They serve a diverse range of clients –including developers, residential and commercial property owners, home builders, real estate investment trusts and managers of

residential rental units, office buildings, shopping centers, warehouses as well as condominiums and homeowner associations.

In addition to its legal practice, the Towson team will help to expand McNees’ title company, Pine Street Land Company, which includes a team of Pennsylvania- and Maryland-licensed title agents that conduct commercial and residential real estate settlements.

Sagal, one of the principals of SFQB, said the move to McNees will present tremendous value and opportunity for clients.

“The access our clients will have to McNees’ deep bench of skilled legal professionals and additional resources will be an invaluable addition to the personalized service they have come to expect from our team,” Sagal said. “This is a strong fit, both strategically and culturally, because we share a deep and abiding commitment to exceptional client service, community involvement and work-life balance that recognizes the importance of health and family.”

With the Towson team on board, McNees will have 11 offices and a roster of more than 150 attorneys who serve a broad array of client needs – including real estate,

Experts in Elder Law, Estate and Special Needs Planning

construction, corporate, tax, labor, employment, energy, environmental and public finance. In addition to its legal practice, the firm has several ancillary businesses that provide additional value to clients with public relations, human resources and government relations needs, to name a few.

Here is McNees’ Towson team:

Stuart Sagal is considered experienced and knowledgeable on Maryland’s residential and commercial property management-related laws, including those governing landlord/tenant matters, condominiums, homeowner associations, cooperatives and housing discrimination matters. Over the course of his extensive career, he has successfully argued before the Maryland Supreme Court. He earned his J.D. from the University of Maryland School of Law.

Daniel Quasney provides clients with strategic solutions to their unique and complex real estate and business matters, representing owners of land, residential rental units, office buildings, shopping centers, warehouses and commercial buildings; developers; home builders; and home buyers and sellers across Maryland in every aspect of their legal needs. He is a licensed title insurance producer with the Maryland Insurance Commission and earned his J.D. from the University of Maryland School of Law.

Alan Betten leverages his extensive knowledge of commercial real estate transactions and litigation to counsel clients throughout Maryland on the full range of legal matters typically engaged in by property owners, real estate investment trusts, realty advisors, developers, landlords, contractors, real estate brokers, asset managers, property managers and management agents. He earned his J.D. from the University of Maryland School of Law.

Kim Manuelides serves as a strategic partner to industrial and commercial clients that operate nationally, regionally and locally. She has a deep understanding of the Maryland statutes that overlay all types of real estate disputes, including landlord/tenant disputes, and provides clients effective and strategic litigation representation. She earned her J.D. from the University of Baltimore School of Law.

Rick Grams is an experienced litigator who has handled all aspects of cases throughout Maryland and Pennsylvania in state and federal courts involving real estate, including residential and commercial landlord/tenant matters, condominiums, homeowners associations, fair housing and bankruptcy/creditors’ rights law. He earned his J.D. from the University of Baltimore School of Law.

Christopher Merrill represents owners and managers of residential and commercial real estate throughout Maryland, including multifamily apartment complexes, residential rental properties, retail, office and industrial buildings, as well as homeowners associations, condominiums and community associations. As a licensed real estate broker, he relies heavily on his real-world experience to deliver practical and efficient results for his clients. He earned his J.D. from the University of Baltimore School of Law.

Jakob C. Metz guides owners and managers of residential and commercial properties through Maryland’s property management laws and processes. Regularly appearing in court on behalf of his clients, he has successfully tried cases throughout the state. He earned his J.D. from the University of Baltimore School of Law.

Since January 2021, McNees has experienced significant growth strategically enhancing the firm’s range and reach of client services. The firm added attorneys and paralegals with significant hires in construction, real estate, corporate, litigation, data privacy and security, healthcare compliance, energy and environmental law. McNees also expanded its geographic footprint across Pennsylvania, in Devon, Chester County, and Pittsburgh, Allegheny County, and considerably grew its team based in Frederick, Md. The firm also launched four new ancillary businesses to meet client needs for public relations and strategic communications, municipal consulting, auto dealership transaction services and human resource management and strategy.

Monday, May 1st, 2023 12:00 PM

Keynote Speaker:

United States Senator Ben Cardin

Historic Courthouse for Baltimore County

Ceremonial Courtroom 5

400 Washington Avenue, Towson, MD

free lunch

entertainment provided by Towson high school jazz ensemble

A review of the Amicus Curiarum for April 2023 revealed the following civil cases of interest:

IN THE SUPREME COURT OF MARYLAND:

Attorney Grievance Commission of Maryland v. Richard Louis Sloane, AG No. 37, September Term, 2021, Filed March 2, 2023. Option by Justice Michele D. Hotten.

Essentially a discovery misconduct case, the hearing judge found that Mr. Sloane: 1) obstructed two depositions by making speaking objections even after the circuit court’s intervention during the second deposition; 2) made frivolous objections to standard discovery requests; 3) filed discovery motions that contained frivolous argument and false assertions; 4) falsely claimed that he attempted to resolve discovery disputes in good faith; and 5) misrepresented the case’s history both in his motions and during hearings. The hearing judge concluded that Mr. Sloane did not cease his misconduct, despite various judges admonishing him, and that his conduct hindered and delayed the litigation of his client’s case without substantive purpose. The hearing judge did find two mitigating factors and six aggravating factors.

The Supreme Court of Maryland, based on an independent review of the record, found that Mr. Sloane had violated various MARPC sections. The SCM held that Mr. Sloane’s misrepresentations were egregious, aggravated by his unwillingness to appreciate the wrongful nature of his conduct. The SCM held that Mr. Sloane’s conduct warranted indefinite suspension with the right to apply for reinstatement after six months.

THE APPELLATE COURT OF MARYLAND:

Bessie Jean Peete v. Maryland Elizabeth Peete, No 2098, September Term 2021, filed March 1, 2023. Opinion by Chief Judge Gregory Wells.

Bessie and Author Peete were married in 1971 and separated in the spring of 1975. In April 1991, Author filed a complaint for absolute divorce in the Superior Court for the District of Columbia. Bessie did not file an answer, nor did she appear at the subsequent divorce hearing. An absolute divorce was granted, and in June 1992, Author married Maryland, to whom he remained married until his death in 2007. Four years later, Bessie filed a motion in the Superior Court of the District of Columbia to vacate the judgment of absolute divorce based on improper and ineffective service, which was granted. In 2020, Bessie filed a complaint in the Circuit Court for Prince George’s County seeking to annul the marriage between Author and Maryland on the grounds

of Bigamy. She claimed that she believed that she was married to Author up until the time of his death. She was seeking to establish her claim to a portion of Author’s pension and other potential financial benefits from his estate. Following a hearing, a magistrate issued a report and recommendation concluding that Bessie did not have standing to annul the marriage between Author and Maryland. The Circuit Court overruled Bessie’s exceptions, and she appealed.

The Appellate Court of Maryland affirmed, but on different grounds. Finding that the statutory law was somewhat unclear as to whether a bigamous marriage was void or voidable, appellate authority was clear: a bigamous marriage is void. However, citing Morris v. Goodwin, 230 Md. App. 395, 404 (2016) cert. dismissed, 451 Md. 587 (2017), noting that while a bigamous marriage was void, if the parties could lawfully marry at the time of the marriage, then the marriage is voidable rather than void. Here, Author’s marriage to Maryland was not bigamous until the D.C. Superior Court invalidated the marriage, meaning that he was still married to Bessie at the time he married Maryland. That marriage was bigamous and Bessied had standing to seek to annul it. Instead, the Appellate Court looked to the doctrine of laches. Citing cases of other jurisdictions, the Appellate Court held that the doctrine of laches applied here due to the fact that Bessie waited over twenty years to seek to invalidate Author’s marriage and did so not to vindicate her marriage to him, but, by her own admission, to obtain a financial benefit from Author’s estate. The Appellate Court reasoned that not to apply the equitable doctrine of laches in this instance would work a grave injustice to Author’s second wife, Maryland.

– Ceecee Paizs

Ceecee Paizs

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.

Professionalism Committee: How to be prepared to respond to an Attorney Grievance Complaint

Occasionally, a frustrated client will file a complaint with the Attorney Grievance Commission (AGC). Sometimes, parties sympathetic to the client and equally as frustrated can file a complaint with the AGC. Bar Counsel can also initiate proceedings against you. Keep in mind, however, that just because a complaint is filed doesn’t mean you’re in trouble. Complaints to the AGC, like lawsuits, do not always have merit. Let me offer some suggestions for responding to AGC complaints.

While it is disappointing to get the dreaded email from the AGC, it need not result in a panic attack. First and foremost, reply, reply promptly, and reply completely. When drafting your response to the AGC, do not get defensive and do not get personal. Regardless of your perception of the merits of the complaint, provide all the necessary facts and address each of the allegations fully. It is far easier to respond to an AGC complaint if your file is

Keep in mind that people, other than you, may need to respond to a court filing years later and will only have the file for reference. Many times, I have surprised myself when looking back at an old case about the amount of information I could no longer recall without my notes. I have found it helpful to prepare a timeline in cases that I anticipate needing to review later, to help document how it developed chronologically.

Keep in mind that court appearances and filings will be the only things documented in Maryland Judiciary Case Search or MDEC. Attorney work product will only exist in your file, so make sure it is clear and detailed. Dates, times, locations, and topics covered in conversations are important to include. Checklists and forms with itemized topics to track information can be very useful to document these important details.

For anyone contemplating applying for a judgeship, the judicial application asks for the outcomes of any professional complaints made to the AGC. The AGC only keeps records for 3 years, so you should maintain a

I hope that you never find yourself in a position to need this advice. But if you do, take a breath and take the high

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.

BCBA's Diversity & Inclusion Committee Presents:

EXPLORING IMPLICIT BIAS WITHOUT SHAME OR BLAME: 3 PART SERIES

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

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

26 10

Part 1

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

APR MAY MAY

Part 2

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

24

Part 3

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

Program Chairs: Rob Daniels & Eric Steiner

Bench Bar Committee: April 2023

The April Bench/Bar meeting was a relatively quick event, with reports indicating life is moving forward steadily and routinely. Judge Jakubowski started us off by reporting that the legislature approved the addition of one new judge to the Circuit Court (bringing the total to 21 judges) this year. In addition, there is funding for a new magistrate. The magistrate will be for family law but will be cross- trained for juvenile issues and guardianship cases, as the court is seeing an increase in guardianship cases. Although the appointment of a judge will have to wait for the Governor to constitute nominations commissions, the magistrate position will be advertised soon, with the hope of interviewing and hiring in May or June, and start date as soon as possible thereafter. Although Judge Jakubowski’s retirement party is April 20, her last day is not until June 16.

Jury trials continue apace, with many resulting in settlements or pleas prior to or during trial. The jury room continues under construction but appears to be on schedule for a September opening. If its completion is delayed, jury selection will continue at the American Legion.

Judge Jakubowski reminded everyone that the judicial conference, which is mandatory for judges, is April 2628, so Judge Hennegan will be the only judge in the courthouse handling chambers matters.

Clerk of Court Julie Ensor reported that their renovation is also continuing, but there is signage to assist in directing people. She has continued to hire, but still has vacancies.

Magistrate Paliath reported on behalf of the magistrates. He is asking anyone with a two-day trial scheduled before a magistrate to please let them know if the case has settled or will take less than two days. Magistrate schedules are set 60 days out and they want to avoid two-day holes in their schedules. The new Family Recovery Support program manager begins working on April 17.

For the District Court, Clerk Maria Fields reported that they ,too, continue to hire and train new clerks. She is looking forward to adding some dockets now that the court has a full complement of judges. She reports they no longer have a backlog of cases. She has also worked out the issue with postponements by consent not being forwarded to a judge immediately, so they should no longer be languishing.

An issue was raised regarding motions to quash bench warrants not being timely processed. Private lawyers

and the Office of the Public Defender take the position that while the Rules allow assistant state’s attorneys to reply, in practice that never happens. This seems to be a particular issue in Towson District Court. Ms. Fields indicated she would look into it, and address a proposed policy to make sure they are designated “priority one,” so they are addressed timely. Once quashed, a summons can be issued. State’s Attorney Scott Shellenberger advised that he will investigate who handles these matters in Circuit Court, and he confirmed that in District Court, the assistant state’s attorneys do not weigh in.

President Jack Turnbull offered the Baltimore County Bar Association Executive Council report, and reminded those in attendance of many upcoming events, including Judge Jakubowski’s retirement party on April 20, Law Day festivities on May 1 (in the old courthouse Courtroom 5, including lunch), and the May 8 golf tournament.

Mr. Shellenberger, in his report on the State’s Attorneys Office, was hopeful that in the County’s budget process he might get money for additional positions. He noted that the County handles more cases than any other county in Maryland, a rather startling statistic. They are hiring.

Jim Dills, for the Office of the Public Defender, indicated they are hiring. He concurred on the Motions to Quash issue. He also noted that for some unknown reason, they do not receive any orders back from MDEC.

County Attorney James Benjamin appeared, and noted that their prior representative to the committee, Greg Haskins, has retired after 28 years in the office. All wish him well. His office is also hiring.

The Family Law Committee, chaired by attorney Kerri Cohen, has had a lot going on and still has a few events this year, including a legislative update, presented by Richard Jacobs and Eileen Goodman, on May 16 at 5 pm at the Towson Tavern.

Attorney Snehal Massey concluded our short meeting by describing a three-part series on implicit bias being offered by the Diversity, Equity and Inclusion Committee, in collaboration with Free State Justice and Disability Rights Maryland. The series runs April 26, May 10, and May 24, and is open to the public. It is via Zoom from 6 pm- 7pm. They are also having a Happy Hour Meet and Greet for their Summer Scholars, on May 18 at 7 West. Keep an eye out for announcements.

– Laure Ruth, Esq.

Criminal Law Committee Program – Guns & Drugs (Part 2)

On Thursday April 13, 2023, the Criminal Law Committee hosted Part II of its scheduled two-part program entitled “Guns and Drugs” at Bandito’s Restaurant in Towson. Many thanks to Bruce White and One Promise for sponsoring the event and providing delicious food and refreshments. Both Bruce and his colleague, Danny Smith, were present and spoke briefly about the mission of One Promise and the services they provide to those in need of residential, intensive outpatient, outpatient, and aftercare treatment.

The program provided an overview of the Circuit Court Drug Court and the District Court Adult Recovery Court. The program speakers were Jesse Pearre - the drug court coordinator for the Circuit Court, and Ethan Stansberry - the adult recovery court coordinator for the District Court. There were several criminal defense attorneys present, along with one of the state’s attorneys who is assigned to the Circuit Court drug court, as well as members of some local treatment providers.

Ms. Pearre spoke about the parameters of the Circuit Court drug court which is described as a non-adversarial, judicially-supervised program for those charged with felonies in the Circuit Court. The participants in the program include the coordinator (Ms. Pearre), the Honorable Nancy Purpura (who is backed up by the Honorable Sherrie Bailey and the Honorable Keith Truffer), an assistant state’s attorney, a panel assistant public defender, a representative from parole probation, and peer support staff. Together, the team provides a collaborative effort to assist the drug court participant throughout the process. The participants are accepted through a referral process whereby the attorney for the defendant submits a referral form directly to Ms. Pearre by e-mail (jessica.pearre@mdcourts.gov) instead of filing it through MDEC. The participant is screened and reviewed for legal eligibility by the coordinator as well as the representative from the states attorney’s office, although a decision that the participant is ineligible can be reconsidered by the team along with the overseeing judge. The participants enter the program after a plea and before sentencing and are required to remain in the program for a minimum of 16 months. The program began in September of 2021 and there are approximately

24 active participants at this time, while four are due to graduate on May 12 at a ceremony to be held at the ceremonial courtroom in the Old Courthouse. The program has enjoyed a high success rate, with only three participants who failed to complete the program.

Mr. Stansberry spoke about the District Court adult recovery court and its similarities and differences to the Circuit Court drug court program. Similarly, the team is composed of the Honorable Kimberly Davis, the program coordinator (Mr. Stansbury), an assistant state’s attorney, private defense counsel or an assistant public defender, a case manager, and a representative from parole and probation. At this point in time the District Court does not have a full-time, paneled assistant public defender, so private counsel must remain in the case until either the assistant public defender takes over, or the participant completes the program. Unlike the Circuit Court, a participant can enroll in the District Court adult recovery court in a number of different ways – pretrial, post plea but pre sentencing, post sentencing, or during a modification of a sentence or violation of a probation. The court can accept a referral form from either defense counsel, the Office of the State’s Attorney, or the presiding judge. Participation in the program is 100% voluntary and cannot be compelled, and the participant must sign a voluntary participation agreement upon acceptance into the program. The program is divided into four phases which each last a minimum of three months, so the minimum amount of time the participant can expect to remain in the program is 12 months. The adult recovery team uses a system of immediate sanctions and incentives designed to specifically address program infractions and accomplishments. These are discussed on a bi-weekly basis between the team members and then the participants appear in court every other Tuesday to meet with the presiding judge and the other members of the team to discuss his or her progress and what if any incentives and or sanctions should be imposed. The referral forms can be found on the BCBA’s website. If you have any questions you can e-mail Jesse at jessica.pearre@mdcourts.gov, and Ethan at ethan.stansberry@mdcourts.gov.

– Stuart Schadt, Esq.

Bankrupt…. Is that Italian?

There is financial stress currently all around us, with the rising inflation, higher taxes, and surge in bankruptcy filings. The U.S. Government passed the first bankruptcy law in 1800, 42 years before the Maryland county courts were given jurisdiction for divorce proceedings. Former President Trump’s companies filed bankruptcy six times. With the Maryland Child Victims Act signed into law there is a possibility the Archdiocese of Baltimore will file bankruptcy - more than two dozen U.S. Dioceses, including two in U.S. territories, already filed.

Where did “bankruptcy” originate? You may be surprised to know the term originated in Florence, Italy. Specifically, business people, “traders,” sat on benches to operate their business. If a trader failed to pay his or her debts, the bench would be broken to prevent them from conducting business in the future.

The bench where the business was conducted was referred to as “banca.” The act of breaking the bench was referred to as “rumpere.” The two words combined became the English expression “break the bank” which was later translated to “bankrupt.”

Why are the financial trends so daunting now? The average credit card interest rate is 23.65%. The average mortgage interest rate increased from 4.9% on March 27, 2022 to 7.1% to March 27, 2023. Per Bankrate.com, the average household (ages 55 to 64) has non-retirement savings of $6,400.

Major U.S. cities, like Baltimore, have huge population decreases. The largest revenue stream is from taxes. At its peak in the 1950s the city population was approximately 950,000 compared to today’s of approximately 575,000. The decline impacts funding for city services.

One of the keys for lawyers to ensure financial stability in turbulent times is to reduce operating costs. Specifically, pay off credit cards, reduce office and equipment lease expenses, and review insurance policies for potential savings.

In addition, invest in real estate, 401(k) and Roth IRAs (which have tax benefits for capital gains). Bottom line, save, save, and save more!

– Nicholas J. Del Pizzo has been a practicing lawyer and member of the Baltimore County Bar for over 25 years and is a former Adjunct Business Law Professor at Towson University.

Family Law Legislative and Case Law Update and

HAPPY HOUR

Family Law Committee

This event has become a tradition and will provide attendees with summaries of reported Family Law cases decided between May 2022April 2023, as well as the legislation that impacts Family Law cases passed during the 2023 Maryland General Assembly session.

Speakers:

Ilene Glickman, Esquire

Richard B. Jacobs, Esquire

BCBA Members, FREE Non-Members

$20

Generously sponsored by

Towson Tavern

May 16, 2023

5 p.m.

Program Chairs: Kerri Cohen, Esq

Martha White, Esq

James Weiskerger Ken Venick

CONTINUING LEGAL EDUCATION COMMITTEE PRESENTS: DEPOSITIONS: PREPARING FOR SUCCESS

WEDNESDAY, MAY 17, 2023

12:00PM

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

PROGRAM CHAIR: ARI KODEK

Brian M. Cathell, Esq.

J. Kieran Murphy, Esq.

Baltimore County Bar Association and the Diversity & Inclusion Committee

Summer Scholars

Meet & Greet/Orientation

Thursday, May 18, 2023

Orientation: 4:30-5:30pm

Happy Hour: 5:30-7:00pm

7 West Bistro Grille, 7 W Chesapeake Ave, Towson, MD

Please join us for a casual orientation in honor of our 2023 Summer Scholars!

Agenda will include:

Tips for a successful summer experience

Meet other Summer Scholars and Committee Members

Meet your mentor

Wednesday, May 24, 2023

5:30-7:00pm

S p e a k e r s :

J e s s i c a E m e r s o n , L M S W , E s q u i r e D i r e c t o r , H u m a n T r a f f i c k i n g P r e v e n t i o n P r o j e c t

U n i v e r s i t y o f B a l t i m o r e S c h o o l o f L a w

C h e l s e a H a v e r l y , L C S W - C , C C T P - I I , V A S - I I I

A n c h o r e d H o p e T h e r a p y , L L C

A n d p a n e l d i s c u s s i o n f e a t u r i n g H o n o r a b l e B a r b a r a B

W a x m a n ( R e t . ) , S t a c y A m p a r o , A S A , C r a i g A c o r n , O P D

a n d J a c k C o n d l i f f e , E s q

Banditos Tacos & Tequila

31 Allegheny Ave, Towson, MD 21204

Program Chair:

Hon. Michael Barranco

T h i s p r o g r a m f o c u s e s o n i d e n t i f y i n g t r a u m a , i n c l u d i n g e m o t i o n a l t r a u m a , t h e c a u s e s a n d b i o l o g y o f t r a u m a a n d r e a c t i o n s t o t r a u m a , a n d s t r a t e g i e s f o r p r o m o t i n g r e s i l i e n c y f o r l a w y e r s , j u d g e s a n d o t h e r p a r t i c i p a n t s i n t h e l e g a l s y s t e m . T h e p r o g r a m a l s o f o c u s e s o n s t r a t e g i e s t o a v o i d c o m p a s s i o n f a t i g u e a n d

b u r n o u t f r o m e x p o s u r e t o t r a u m a a n d v i c a r i o u s t r a u m a .

May 31, 2023 12:00pm Zoom Register Here

THE WHOA(S) OF GRAMMAR MISADVENTURES

Back again! This time we involve the attendees with an interactive platform. This is the down and dirty of some of the most common grammar and punctuation mistakes made by none only, us legal professionals!

Speaker: Kelli Lakis, Grammar Extraordinaire Program Chair, Ari J Kodeck

SATURDAY SATURDAY JUNE 3 JUNE 3

YOUNG LAWYERS YOUNG LAWYERS FAMILY FAMILY FIELD DAY FIELD DAY

FUNDRAISER! FUNDRAISER!

Baltimore County Bar Association

(T)

(F)