The Advocate - November 2023 by Baltimore County Bar Association

Advocate

The

November 2023

Newsletter of the Baltimore County Bar Association

VOLUME XXXIII, NO. 4

J. Earle Plumhoff Professionalism Award Nomination Professionalism—it’s a trait that makes the truly exemplary attorney stand out among their highly competent peers. Now is your chance to honor this invaluable quality in your colleagues! The Baltimore County Bar Association is currently soliciting nominations for the 2024 J. Earle Plumhoff Professionalism Award. Nominations are due by December 1, 2023. Please email a copy of your nomination to Rachel Ruocco at rruocco@bcba.org. Nominate a deserving legal professional, who has been an active BCBA member for at least five years, by submitting a letter on their behalf, describing them as follows: 1. How they demonstrate the principles recognized in the BCBA Code of Professionalism: a. civility; b. diversity, inclusion, and equity; c. preparation; d. zeal and commitment; e. punctuality; f. communication with fellow lawyers and the court; g. adherence to deadlines; h. good faith participation in discovery, settlement, and ADR; i. service to the community; and j. education and mentoring. 2. How they have made contributions, especially those that have gone largely unnoticed, to the legal profession and to the BCBA. Nominators are encouraged to solicit accounts from others who have had occasion to interact with the nominee as a colleague, opposing counsel, or even a client. Other information, such as a copy of the nominee’s resume, is most welcome. Submissions should include the name, firm or employer, and contact information for both the nominator and nominee. The award will be presented at the BCBA Stated Meeting on February 15, 2024 and the award recipient will also be recognized at the Annual Bar Banquet on January 25, 2024. Past award recipients include: Myles F. Friedman, 1984; Richard A. Reid, 2003; Leon Berg, 2005; Hon. Keith R. Truffer, 2006; Carolyn H. Thaler, 2007; Jennifer B. Aist, 2008; Christopher W. Nicholson, 2009; Kristine K. Howanski, 2010; Harris J. “Bud” George, 2011; Mary Roby Sanders, 2012; Robert L. Hanley Jr., 2013; Hon. Robert J. Steinberg, 2014; Herbert R. O’Connor III, 2015; Drake Zaharris, 2016; Carl Gold, 2017; Dominick Garcia, 2018; Hon. Vicki Ballou-Watts, 2019; Suzanne K. Farace, 2020; Michael S. Barranco, 2021; Stephen J. Nolan, 2022; Laurie K. Wasserman, 2023.

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2023-24 Officers

President President-Elect Secretary Treasurer

Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr.

Executive Council

Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela C. D’Alessio Hon. Michael S. Barranco Stuart A. Schadt John G. Turnbull III Immediate Past President Valerie E. Taylor Young Lawyers Chair Rachel M. Ruocco, Executive Director

The Advocate Jon Cardin Committee Chair Jennifer W. Ritter Committee Vice-Chair Jill Blum Graphic Designer

Contributing Writers Jon Cardin Zach Cardin Harry L. Chase Melissa Chiasera Tracee Orlove Fruman Breah Gray Alexis L. Holiday Ceecee Paizs Jasmine N. Pope Kelsie Potts Jennifer W. Ritter Leah Rowell Valerie E. Taylor Tommy Tompsett The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Publication deadline: 20th of the month preceding publication.

November 2023

Inside This Edition

BCBA Events BCBA Pro Bono Awards 2023....................................................12 Grand Opening of the Jury Selection Room..............................17 In Memoriam: The Honorable Justin J. King............................19 J. Millard Tawes Crab & Clam Bake..........................................15 BCBA Spotlight Meet the Law Clerks...................................................................24 Meet the New Administrative Law Judges..................................22 Spotlight on Assistant State’s Attorney Zarena Sita...................21 Calendars..........................................................................................6 Committee Reports Bench/Bar Committee...............................................................37 Civil Law Committee..................................................................39 Diversity & Inclusion Committee...............................................41 Family Law Committee...............................................................42 Judicial Portrait Committee........................................................45 Maryland Judiciary’s Problem Solving Courts............................47 Young Lawyers Committee.........................................................49 Court Notices ...................................................................................6 From the Office of the Governor....................................................11 Lawyer Assistance Program............................................................16 Legislative Updates Changes to Cannabis and Firearms Laws .................................32 Final Bills with an Oct. 1 Effective Date.....................................26 Immigration PBJ(C)....................................................................36 The President’s Message...................................................................4

Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Corporate W Home Group Signature Sponsors - Corporate Growth Solutions Team Minnesota Lawyers Mutual Multi-Specialty HealthCare USI Vallit Advisors

Partner Sponsor - Law Firm

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The President’s Message “As we express our gratitude, we must never forget that the highest appreciation is not to utter words but to live by them.” – John F. Kennedy, 35th United States President Well before the year’s pages flung open to November, I imagined that gratitude and thankfulness would lie at the heart of this month’s message. I even went so far as to conduct ® countless Google searches and query Chatster® to find that “perfect” quote to encapsulate my musings about this simple, yet powerful state of being. The words of President Kennedy struck me because they prompt action. The more I gave thought to this concept, the clearer my message became.

Moments before I stilled myself and corralled my thoughts to pen this month’s message, I learned of the senseless killing of Washington County Circuit Court Judge Andrew Wilkinson. At the tender age of 52, Judge Wilkinson was gunned down outside of his Hagerstown home. The man suspected of shattering the lives of Wilkinson’s family, friends, and colleagues and who is responsible for sending shockwaves throughout the Maryland legal community by this unfathomable act is a man reported to be dissatisfied with the outcome of a legal proceeding involving his own family. In a single moment of unfettered rage, the disgruntled triggerman lost sight of the simple, but powerful state of thankfulness. He chose anger over gratitude. The suspect was reported to have followed the judge to his home and shot him to death while his wife and children were inside. The gunman’s actions have forever marred the lives of multiple families and communities, including his own. Like many, I was taken aback. In that moment, I paused and gave thought to the people for whom and the things about which I am thankful. I also reflected upon the

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The President’s Message sentiment so eloquently portrayed in an inspiring poem entitled, The Dash, by Linda Ellis. Each time I have read that poem, I have been challenged to live my life “on purpose” and with purpose. The longer I live, the more I give thought to what really matters. As I consider my legacy, I am more and more convinced that when I focus on the people and things for which I am grateful, I grow less and less concerned with what I lack. While busying myself with my innumerable blessings, I have little time to obsess over life’s frustrations and disappointments. How different the news coming out of Washington County would have been if only gratitude and thankfulness overrode anger and rage. During the month of November, countless people – young and old – will pause, if only for a moment, to express gratitude for the people and things they cherish most. Indeed, the Thanksgiving season is upon us. Some will give thanks and express gratitude for material possessions. Others will take a moment or two to appreciate intangibles – life, liberty, and the pursuit of happiness. This month, I encourage every BCBA member to take a moment to give thanks for the things that distinguish our outstanding bar association. While attending a recent dinner hosted by the Family Law Committee, I asked a few members what they are most thankful about when it comes to the BCBA. Without hesitation, several people in attendance replied, “the camaraderie,” “it’s inclusive,” “it gives us a chance to interact with judges and each other in a less formal atmosphere,” and “we have fun!” Despite incessant news reports on the raging IsraelHamas conflict, the war in Ukraine, unfolding legal wranglings of a criminally indicted former President, the unprecedented discord that presently enraptures our United States Congress, and the cries of some to ban certain books from public school libraries during local school board meetings, each of us – if we try – can find something about which to be thankful.

Extending heartfelt condolences to the family and friends of Judge Andrew Wilkinson as well as our colleagues in Washington County. This month the BCBA will continue its outreach to the Baltimore County community, establish meaningful connections, learn, and lead. The Young Lawyers Committee will host a Chambers Chat on November 2. Pro Bono Day will take place at the Woodlawn Branch of the Baltimore County Public Library on November 8. The BCBA will hold our Civics and Law Academy at the Community College of Baltimore County (Owings Mills) on November 10. We will pause to honor the memory of members who have passed away during the preceding year during our Memorial Ceremony on November 16. Finally, we will participate in National Adoption Day on November 18. I invite you to attend and participate in these events. Throughout the month, let us all pause and find something about which to be thankful. Let us tangibly express our gratitude with our actions. May the words of the late President Kennedy motivate us all to demonstrate our highest appreciation by living each day with gratitude. “In everything give thanks” - Thessalonians 5:18 - Lisa Y. Settles, President Baltimore County Bar Association, 2023 -2024

Executive Council At-Large Vacancy The Baltimore County Bar Association Nominations Committee is now accepting letters of interest for the Executive Council At-Large vacancy. A letter of interest should be addressed to the Nominations Committee, c/o Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, Maryland 21204. Letters of interest should include a professional resume, a list of bar association activities, committee involvement and leadership positions and any additional information the applicant would like the Nominations Committee to consider. Deadline for submissions is Tuesday, January 2, 2024, 4:30 p.m. Letters can also be submitted via email to rruocco@bcba.org.

November 2023

Court Notices November District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR NOVEMBER 2023 1

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JUDGES: DJW-Dorothy J. Wilson, KMD-Kimberly Davis, BEF-Bruce E. Friedman, KCM-Kathleen C. Murphy, MTP-Michael T. Pate, LAP-Lisa A. Phelps, KP-Karen Pilarski, KDPKeith Pion, GJP-Guido J. Porcarelli, KJR-Krystin J. Richardson, MLR-Marsha L. Russell, LR-Leo Ryan, MWS-Michael W. Siri, KYW-Kevin Wiggins, SCZ-Susan Zellweger, NBNathan Braverman, DGF-Darryl G. Fletcher, JIL-Jack I. Lesser, GML-George M. Lipman, KEM-Keith E. Mathews, NBS-Nancy B. Shuger, NRS-Norman R. Stone, TR-Thurman “Tim” Rhodes SDW-Steven D. Wyman, RDZ-Ricardo D. Zwaig

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

The University of Maryland Carey School of Law will be hosting the Regional 3 Competition of the National Moot Court Competition on Saturday November 11 and Sunday November 12 and we are looking for individuals who are interested in judging. The problem this year involves jurisdiction over a foreign individual who uses a U.S.based social media platform and Securities law as it relates to a social media posting. No prior experience in these areas of law is required; we will provide you with the problem and a bench memo, as well as instructions on how to score rounds. To see the available times and to sign up, please visit the following form: https://forms.gle/KQacAvKHqG2KDTFp9 In addition, we need a few additional individuals who would be willing to grade briefs (blindly) as part of the competition. You will receive the briefs on October 20 and will need to complete your scoring prior to the week of the competition. If you’re interested, please reach out to me directly at umlawmootcoach@gmail.com.

The Advocate

Court Notices November District Court State’s Attorney’s Schedule MONDAY

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Calendar of Events Please go to www.bcba.org and click on Calendar for an up-to-date listing of programs, events, and to register for all programs and events. November 2023

From the Office of the Governor Governor Moore Announces Appointments to the Baltimore County Trial Court Judicial Nominating Commission ANNAPOLIS, MD — Governor Wes Moore today announced appointments to the Baltimore County Trial Court Judicial Nominating Commission. Jason St. John will serve as chair. “Baltimore County residents deserve diverse, talented, and knowledgeable representation on the Trial Court Judicial Nominating Commission,” said Gov. Moore. “These appointees reflect our commitment to those principles and I am grateful that each appointee has welcomed the opportunity to serve.” There are sixteen Trial Court Judicial Nominating Commissions established by executive order. The commissions advertise judicial vacancies, seek recommendations for judicial candidates from their own membership, bar associations and members of the general public, set closing dates for the submission of the judicial applications, and evaluate applicants based on a variety of factors including their integrity, temperament, legal knowledge, and professional experience. Governor Moore’s appointees to the Baltimore County Trial Court Judicial Nominating Commission include:

Jason St. John, Chair Jason St. John is Managing Partner of Saul Ewing, LLP. He oversees the firm’s daily operations, client relations, strategic planning, business development, and growth strategies. In addition to his law practice, Jason previously served as an adjunct professor at the University of Maryland School of Law where he now serves on their Board of Visitors. He serves on the Baltimore County Economic Development Advisory Board and also serves as the vice chair of the Board of Trustees of the Maryland Zoo in Baltimore. Rukaayat Balogun Rukaayat Balogun has spent her entire 20-year legal career at the Maryland Office of the Public Defender. She is currently the managing attorney of the Circuit Court Felony Division, where she spearheads a team of experienced litigation attorneys in the Circuit Court of Baltimore County. She is a member of the Baltimore County Bar Association. Alison D. Kohler Alison Kohler is a medical malpractice and personal injury lawyer with more than 40 years of legal experience. Alison previously served on the Baltimore County Judicial 8

Nominating Commission from 2006-2014 and 20182022. She has held a variety of leadership positions in the Maryland Association for Justice, the Maryland State Bar Association, the Baltimore County Bar Association. She is an active singer and has participated in Baltimore’s Young Victorian Theatre, Baltimore Bar Foundation fundraisers, and with The Deer Creek Chorale. Jose Antonio Molina Jose Molina is a solo practitioner practicing in both state and federal district courts. Jose maintains a general practice representing clients in a variety of matters ranging from non-incarcerable traffic offenses to federal felony offenses. He is a member of the Baltimore County Bar Association, the Maryland Criminal Defense Attorneys’ Association and served on the Board of Directors of the Maryland State Bar Association’s Lawyer Assistance Program. Brian M. Cathell Brian Cathell is a partner at Wais, Vogelstein, Forman, Koch & Norman, LLC. He is a trial lawyer who has spent his career handling medical negligence and medical malpractice cases. Brian clerked for the Honorable Mickey J. Norman of the Circuit Court of Baltimore County from 2009-2010. He serves on the Bench-Bar Committee of the Baltimore County Bar Association, and previously served as a judge for the Maryland Statewide High School Mock Trial Competition. Noelle W. Newman Noelle Newman is counsel in PK Law’s general litigation group. She represents clients in state and federal courts, in various legal matters including property, landlord tenant, and contract disputes, family law litigation and appellate cases, and criminal cases. Noelle has served as a guest lecturer at the Maryland Law Criminal Defense Clinic and as a moderator for the Maryland State Bar Association. She is past president of the Monumental Bar Association, and a member of Alpha Kappa Alpha Sorority, Inc. Emily C. Malarkey Emily Malarkey is a partner at Beckman, Marder, Hopper, Malarkey & Perlin, LLC. Emily has spent her entire career as a trial attorney focusing on medical negligence, wrongful death, and catastrophic injury cases. She has provided presentations for a number of The Advocate

From the Office of the Governor organizations including the Maryland Defense Counsel Trial Academy, the Maryland Employment Lawyers Association, and The Casey Feldman Foundation. Emily is past president of the Maryland Association for Justice, Inc. and regularly testifies before the Maryland General Assembly regarding civil justice issues. Leonard J. Grossman Leonard Grossman is a patent and banking attorney with more than 57 years of experience. He is an attorney with Goodman, Meagher & Enoch, LLP. Leonard is past president of the Savings & Loan Association Lawyers of Maryland and served on the committee to revise the land patents statute. Since 2009, he has served as a member of the peer review committee of the Attorney Grievance Commission of Maryland. Until 2023, Leonard had served on the board of directors for the Woodholme Country Club. Tony W. Torain, II Tony Torain is a trial attorney specializing in labor and employment law. He represents companies in various labor and employment disputes, and additionally assists federal contractors with the implementation and maintenance of effective affirmative action programs. Tony is legal counsel to the board of directors for the National Association of African Americans in Human Resources, Baltimore chapter. He is first vice chair of the board for Associated Black Charities and is admitted to practice in the U.S. Supreme Court. Zarena Sita Cason Zarena Sita Cason a prosecutor in the Baltimore County State’s Attorney’s Office for nearly her entire career. She is currently assigned to the Child Abuse and Sex Offense Division. She is an instructor at both the Maryland State’s Attorneys’ Association Trial Advocacy training and the Top Gun training. Zarena was a judicial law clerk for the Honorable Robert E. Cahill, Jr. of the Baltimore County Circuit Court from 2014-2015. She served on the Baltimore County Judicial Nominating Commission from 2019-2023.

Tammy L. Turner Tammy L. Turner is a solo practitioner serving as a hearing examiner, certified arbitrator, investigator, and mediator, and consultant for a variety of organizations and authorities. She has more than 27 years of experience in the practice of public sector law, and 20 years in the field of public education. Previously, Tammy served for 14 years as chief legal counsel for Baltimore City Public Schools as well as General Counsel for Washington County Public Schools and Prince George’s County Public Schools. She is a past president of the Maryland Negotiators Service, and for the Family and Children’s Service of Maryland. Scott P. Kurlander Scott Kurlander is the founder of Kurlander Legal Counsel. Scott has more than 30 years representing plaintiffs and defendants in medical malpractice cases and other complex civil litigation. He also serves as a court-appointed mediator for Maryland courts and provides private mediation services. In addition to his legal practice, Scott has lectured at the National Business Institute and the Maryland Institute for Continuing Professional Education of Lawyers. He currently serves on the Attorney Grievance Commission of Maryland’s Peer Review Committee.

102nd Black-Tie Banquet January 25, 2024 | 6:30 PM Martin's Valley Mansion

Wendy L. Shiff Wendy Shiff is an assistant attorney general in the Civil Litigation Division at the Maryland Office of the Attorney General. Previously, Wendy was a medical malpractice and insurance defense attorney at several Baltimore-based firms. She additionally served as an attorney-advisor for the U.S. Department of Labor from 1985-1986. November 2023

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Court Notices

THE CIRCUIT COURT FOR BALTIMORE COUNTY THIRD JUDICIAL CIRCUIT OF MARYLAND DENNIS M. ROBINSON, JR. COUNTY ADMINISTRATIVE JUDGE

COUNTY COURTS BUILDING TOWSON, MARYLAND 21204 410-887-2250

AMENDED POLICY Defendant Attire for Trial Effective October 30, 2023, the Circuit Court and the Baltimore County Sheriff’s Department will implement a change to the policies concerning clothing changes for defendants brought to the courthouse for jury selection and trial. The change is related to the resumption of jury selection at the courthouse after conducting jury selection at the American Legion during the coronavirus pandemic. If a defendant is appearing in court before a jury, the inmate will be transported to the courthouse in their institutional uniform. Defendants will be permitted to change into other clothes at the courthouse. At the end of each court appearance, the defendant will change into their institutional uniform at the courthouse prior to being transported back to the Baltimore County Detention Center. Clothing for jury selection should be delivered to the Sheriff’s Office the day of jury selection by no later than 7:30 a.m. or the day before the jury selection between 9:00 a.m. and 4:00 p.m. Clothing for trial may be delivered to the Sheriff’s Office the day of trial by 8:00 a.m. by counsel or a family member. Only one set of clothing may be delivered each day. The Sheriff’s Office will inspect the clothing before providing it to the defendant. Counsel or a family member must obtain the clothing from the Sheriff’s Office upon the conclusion of the trial. Please do not deliver any clothing to the Baltimore County Detention Center.

November 2023

BCBA Events BCBA Pro Bono Awards 2023 On October 24, 2023, BCBA members attended an award reception where they celebrated and congratulated this year’s winners of the Pro Bono Award. Out of the many outstanding nominees, two attorneys stood out for their quick and zealous response to an urgent Judicare Case: Erika Slater, Esq. and Kerri Cohen, Esq. Earlier this year, a Maryland father came to MVLS seeking help after his four-year-old twins suffered grave injuries while in the custody of the mother. Sadly, one of the children did not survive, and the father determinedly sought legal assistance so that he could keep his surviving child safe. Ms. Slater and Ms. Cohen - both longtime volunteers with MVLS - immediately accepted the case as co-counsel. Quickly, they sought and established a final protective order which placed the child in the custody of the father and ordered the mother to supervised visitation through the Department of Social Services. To ensure the long-term safety of this child, Ms. Slater and Ms. Cohen then filed a petition for custody on behalf of the father in Circuit Court. In addition to their pro bono legal assistance, Ms. Slater and Ms. Cohen continue to work to ensure the well-being of this family by facilitating therapy and other resources for both father and son so that they may someday overcome the trauma they endured from this tragic event. Those in attendance were moved by Ms. Slater and Ms. Cohen’s dedication to pro bono work, and they both expressed their gratitude for the opportunity to serve in this way. Ms. Slater and Ms. Cohen are true champions for justice, and they encouraged everyone in attendance to consider taking on a pro bono project. As Margaret Henn, Deputy Director of MVLS, said at the beginning

of the presentation, “Just because someone cannot afford an attorney, does not mean that they do not deserve one.” If you are interested in learning about pro bono opportunities in Baltimore County, please feel free to contact Melissa Chiasera, Vice Chair, BCBA Pro Bono Committee, at mchiasera@probonomd.org. – Melissa Chiasera, Esq.

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BCBA Events

November 2023

BCBA Events

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BCBA Events History, Tradition and the Chesapeake Create the Perfect Afternoon for Politics and Law

Set on the shores of Tangier Sound against a backdrop of more than 350 years of history, the late September J. Millard Tawes Crab & Clam Bake serves to highlight the Lower Eastern Shore of Maryland’s regional beauty and assets. The Tawes Crab Feast is a Maryland must-attend, seeand-be-seen political institution, equal parts seafood and schmooze. The annual celebration is named in honor of Crisfield native, J. Millard Tawes, the 54th Governor of the State of Maryland. It is described in Frommers Travel Guides as “an outdoor all-you-can-eat affair featuring crabs, clams, fish, corn on the cob, beer, and watermelon, and in election years, more politicians than crabs.” The all-you-can-eat Crab & Clam Bake originated as a fundraiser for the J. Millard Tawes Historical Museum, which is named after the former governor. Today, the Chamber of Commerce uses the proceeds to fund projects that benefit the Crisfield Heritage Foundation, Crisfield’s schools, police and fire departments, The Lions/Lioness Club, other civic organizations, and much more. The amazing part of this extraordinary party and Maryland tradition is that it drives people from as far as the Carolinas and New Jersey to travel to the Lower Eastern Shore for the food and it brings hundreds of Baltimoreans to the Chesapeake to taste its crabs and corner their elected officials. As you can see, our own bar president Lisa Settles ventured down to the feast only to bump into her local delegates, senators, councilmen, and even Baltimore County judges navigating the political world and the food lines. – Delegate Jon S. Cardin, Esq.

November 2023

Judge Charles Dorsey, Chair Charles.Dorsey@mdcourts.gov Marissa Beth Joelson, Vice Chair mjoelson@lawpga.com 917-226-6472 Andrew Cooper 410-303-0013 Carol Ghinger Cooper chc1220@comcast.net 410-491-1042 Chris Flohr cflohr@bflwamd.com 443-838-1811 Meg Garrett Mrobinsongarrett@yahoo.com 240-474-7677 Elizabeth Hill 410-274-0877

David C.M. Ledyard david@ledyardlaw.com Jay Miller JMiller@lawpga.com Tom Rafter tom@tomrafterlaw.com Tara Leigh Ross 410-790-8417 Robin Barnes Shell Robinbshell@msn.com 240-472-9919 Judge William Simmons william.simmons@mdcourts.gov 240-620-3366 Kate Sinclair KSinclair@silvermanthompson.com Gabriel Steele steelegabe@gmail.com

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BCBA Events Grand Opening of the Jury Selection Room On October 24, 2023, the Circuit Court for Baltimore County revealed the new jury assembly room. County Executive Johnny Olszewski, Jr., Sheriff R. Jay Fisher, County Administrative Judge Dennis Robinson, Circuit Court Judges and others from around the courthouse were in attendance to cut the ribbon, making the jury assembly room open to the public the following day. Prior to the grand opening of the new jury assembly room, jury selection occurred at the American Legion Post #22 on York Road to accommodate social- distancing requirements during the coronavirus pandemic. However, it soon became apparent that a more efficient method was needed for jury selection in Baltimore County following the pandemic.

• Vending area • Three inmate holding cells The Circuit Court for Baltimore County held its first jury selection in the new jury assembly room on October 25, 2023, with Judge Stacy Mayer presiding. – Leah Rowell, Esq.

Judge Robinson noted, “We still do not expect to have people jump for joy when they receive a summons for jury duty in the mail, but we do think they will be pleasantly surprised when they see that they will be welcomed into a new, modern, inclusive and comfortable space when they are here to fulfill their civic duty. With a large room that can accommodate jury selection for trials with multiple parties, partitions that allow us to convert the space to three separate rooms for simultaneous jury selections, and private rooms for follow-up questions with potential jurors, it is not an understatement to say that this new space will drastically improve our ability to select juries and conduct jury trials at the Circuit Court for Baltimore County.” The $6.1 million renovation encompasses modern finishes and inclusive spaces to conduct jury selection in an efficient and comfortable manner. Through the diligent efforts of Baltimore County’s Executive team, courthouse personnel, the architect and the general contractor, the project was completed a year in advance. The new space includes the following amenities: • Jury assembly space that can accommodate 210 jurors • Two voir dire rooms • Lactation room • Five gender neutral bathrooms • Private judges’ offices • Court administrators’ offices • Separate elevator access for the public

November 2023

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BCBA Events In Memoriam: The Honorable Justin J. King On October 22nd at Bolton Street Synagogue, an overflowing crowd of people from all walks of life celebrated the life of Judge Justin King after his courageous battle with brain cancer. After graduating law school in 2018, I was lucky enough to be Judge King’s law clerk for the year. It was certainly a memorable year. I would arrive at the Towson Courthouse at 7:45AM and pick up his copy of the New York Times. On days the paper was not there, the sheriffs would jokingly tell me that the Judge had beat me into work again that day. Judge King started his day early and went well beyond the call of duty. After finishing our docket for the day, he would always call the court administrator to see if he could help out another judge. We wrote, rewrote, and wrote again until the opinions were as complete, clear and concise as they could possibly be. We formulated sentences that would be fair to both the defendant and victim and serve the interests of public safety. We researched difficult, complex, and novel legal issues and managed the courtroom docket. During downtime, we

considered our great fortune of being citizens of the United States and what our responsibilities were to make the country the best it could be. Besides the legal training Judge King provided, I gleaned first hand how to live and work: get there early, stay late; ask questions; offer to help; be unfailingly polite and courteous. Perhaps the most notable thing was that despite the intense workload, Judge King always made time for his beloved wife, children and grandchildren. As a young lawyer it was refreshing to see how the quintessential gentleman could rise to the top echelon of the legal profession. Judge King’s common refrain in his chambers was that it was a great day to be a public servant. He understood the blessings of practicing law in the United States and acted accordingly. Judge King spoke about retiring and becoming a civics teacher. Unfortunately, this dream of his never happened but the way he lived his life was an example of civility to all who were lucky enough to know him. – Zach Cardin, Esq.

November 2023

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BCBA Spotlight Spotlight on Assistant State’s Attorney Zarena Sita Q: How long have you been practicing law? A: Just about 9 years Q: Where did you go to law school? A: University of Baltimore Q: Where did you work before the SAO? A: Judicial law clerk for the Honorable Judge Robert Cahill, Jr. Q: What is your position/assignement with the SAO? A: I am in the sex offense and child abuse division. Q: How long have you been with the SAO? A: About 8 and a half years Q: What is your biggest pet peeve in this line of work? A: Assumptions Q: What do you like to do when you aren’t at work? A: Read for pleasure Q: Anything you want people to know about your family? A: I have a husband and a 14-month-old goldendoodle puppy named Severus.

November 2023

Q: What is the craziest/funniest thing you have seen happen in court? A: A trial in district court surrounding the question of whether the defendant was mooning the victim with her bare buttocks (making her guilty of indecent exposure) or while wearing flesh colored bikini bottoms (making her not guilty). Q: Highlight moment in court/ career (so far)? A: Having a reluctant to testify child sex abuse victim thank me for believing her after trial. Q: What is it you like about criminal law? A: It’s nuanced. Q: Any involvement in the Baltimore County Bar Association? A: Yes. I am the chair of the Criminal Law Committee. Q: Favorite Book and/or movie? A: Harry Potter books... Shawshank Redemption movie. – Interview completed by The Honorable Tracee Orlove Fruman 21

BCBA Spotlight Meet the New Administrative Law Judges The Honorable Tyrone Crosby Tyrone Crosby graduated from Florida A&M University with a B.S. in Architectural Studies. After practicing in the architectural field for nearly a decade, Judge Crosby enrolled in University of Maryland School of Law. He has practiced in a variety of areas, but mostly working with children and families in Child In Need of Assistance proceedings representing children at the Baltimore City Department of Social Services. Judge Crosby is active in several community organizations including the Greater Baltimore Chapter of the Florida Agricultural and Mechanical National Alumni Association where he serves as president.

The Honorable Gwenlynn D’Souza Gwenlynn D’Souza comes to the Maryland Office of Administrative Hearings after a lengthy career as an administrative law judge and as a private sector attorney. In 2014, Judge D’Souza was appointed as an administrative law judge at the District of Columbia Office of Employment Services. While working in the private sector, she focused on employment law matters. She ran a solo practice and represented clients in cases before the federal, state, and local courts and administrative agencies. She is active in many bar and judicial associations. She is a former district director for National Association of Women Judges. She is a recipient of the Chair’s Award for Exceptional Service from the Maryland State Bar Association Litigation Section and the Maryland Hispanic Bar Association Award for Outstanding Service. Judge D’Souza has authored legal works. She contributed to the chapter on select procedural differences in federal and state rules of the Maryland State Bar Association Employment Law Deskbook (2014 ed.) and the chapter on special evidentiary concerns of the American Bar Association Employment Litigation Handbook (2010 ed.). Judge D’Souza is a 1994 graduate of The Catholic University of America and the Columbus School of Law, in Washington, D.C. She was born in Chennai, India. She is a long-time resident of Montgomery County, Maryland where she resides with her husband and two children. The Honorable Katlyn Hodges Katlyn Hodges graduated from McDaniel College and University of Baltimore School of Law. Judge Hodges has worked at various organizations over the years including: the Law Office of Thomas S. Hood, P.A as an owner/principal; Hood & Hodges, P.A. as a partner; Office of the Public Defender in Harford County as a Rule 16 student attorney; The Law Offices of Azrael, Franz, Schwab, Lipowitz & Solter as a law clerk; and Office of the State’s Attorney in Baltimore County as a domestic violence intern. Judge Hodges is a Board Member and Chair of the Women’s Caucus at the Maryland Association for Justice. She is also a member of the Society of Women Trial Lawyers, Women’s Bar Association, Baltimore County Bar Association, Maryland Criminal Defense Attorney Association, and Maryland Bar Association.

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org

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BCBA Spotlight

The Honorable Michael Jacko Michael Jacko was born and raised outside of Pittsburgh. Judge Jackso pursued his undergraduate education at Saint Joseph’s University, where he completed degrees in psychology and theology, and later earned a master’s degree in philosophy from Fordham University. Prior to studying law, Judge Jacko was on the faculty at Cristo Rey Jesuit High School in Baltimore. In 2016, he graduated from the University of Maryland Francis King Carey School of Law, followed by a term as law clerk to the Honorable James K. Bredar of the United States District Court for the District of Maryland. Prior to joining the Office of Administrative Hearings as an administrative law judge, Judge Jacko worked as an assistant public defender where he represented clients first in the District Court and later in the Circuit Court of Baltimore County. He is a member of the Baltimore County Bar Association, and he and his family are active parishioners at St. Vincent de Paul Church.

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.

November 2023

BCBA Spotlight Meet the Law Clerks Elizabeth Cantor | Clerk for the Honorable John J. Nagle, III 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 hope to pursue a career in criminal law after my clerkship is completed. At this moment, I am still unsure of whether I would like to pursue a career as an ASA or a defense attorney. What are you looking forward to the most during your clerkship? As an individual who would like to pursue a career in litigation, I am most excited to be in court and learn more in depth of the litigation process. Specifically, observing trials and learning how to examine a witness, impeachment, introducing evidence, jury selection, etc. Seeing what is effective and what is not is what I would most like to take away from my time clerking. What is your favorite movie OR favorite book? Harry Potter is by far my favorite book series...Slytherin House all the way. What do you like to do in your free time (hobbies)? I have been a dancer all of my life, so I attend dance classes regularly. I am also an avid reader and love to spend time with my family and friends. Thomas DeMarco | Clerk for the Honorable Colleen Cavanaugh Where did you grow up? Malvern, Pennsylvania Where did you attend college and law school? University of Scranton | University of Maryland Francis King Carey School of Law What are your career aspirations after your clerkship? Cybersecurity/crisis management at a firm, in-house, or government agency. What are you looking forward to the most during your clerkship? The rapid shifts in demand and honing my ability to think/work on the fly. What is your favorite movie OR favorite book? Movie - Momento What do you like to do in your free time (hobbies)? Work out, write, explore new restaurants/coffee shops, listen to music.

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BCBA Spotlight

Rachel Kiefer | Clerk for the Honorable Michael S. Barranco Where did you grow up? Clinton, CT and Muskego, WI Where did you attend college and law school? Marquette University | American University Washington College of Law What are your career aspirations after your clerkship? I hope to pursue a career as a public defender. What are you looking forward to the most during your clerkship? I am most excited to observe a variety of litigators with different styles, and having the unique opportunity to peak behind the curtain of justice. What is your favorite movie OR favorite book? Favorite movie is Training Day. What do you like to do in your free time (hobbies)? I enjoy oil painting, cycling (I ride a ’92 Raleigh) and doing jigsaw puzzles. Monika Scherer | Clerk for the Honorable Nancy M. Purpura Where did you grow up? New Hampshire Where did you attend college and law school? Loyola University Maryland | University of Maryland Francis King Carey School of Law What are your career aspirations after your clerkship? After clerking, I hope to become a public defender. What are you looking forward to the most during your clerkship? I’m looking forward to the exposure to a wide variety of court proceedings and the behind-the-scenes perspective of what makes a good lawyer. What is your favorite movie OR favorite book? My favorite movie is The Princess Bride. What do you like to do in your free time (hobbies)? I enjoy running, hiking, and trying to train my 10-month old dog, Bingo. WANT TO SEE YOUR NAME IN PRINT ON SOMETHING OTHER THAN YOUR BUSINESS CARD? VOLUNTEER TO WRITE FOR THE ADVOCATE!

Email Rachel Ruocco rruocco@bcba.org to get connected with the team! November 2023

Legislative Update Final Bills with an October 1 Effective Date The Maryland General Assembly passed more than 800 pieces of legislation during the 2023 Legislative Session, including several priority, statewide and local bills impacting residents, businesses, and other organizations in Maryland. Below, please find summaries of some of the notable legislation that took effect October 1, 2023. Senate Bill 686/House Bill 1: Civil Actions – Child Sexual Abuse – Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023) This bill establishes that an action for damages arising out of an alleged incident or incidents of “sexual abuse,” that occurred while the victim was a minor may be filed at any time, notwithstanding any time limitation under a statute of limitations, a statute of repose, the Maryland Tort Claims Act, the Local Government Tort Claims Act, or any other law. However, no action for damages that would have been barred by a time limitation before October 1, 2023, may be brought if the alleged victim of abuse is deceased at the commencement of the action. The bill must be construed

to apply retroactively to revive any action that was barred by the statutory period of limitations applicable before October 1, 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. Senate Bill 858: Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn’s Law) This bill modifies and expands (1) an existing prohibition relating to a child’s access to firearms and (2) an existing prohibition relating to possession of a regulated firearm. Under the bill, a person may not store or leave a loaded

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Legislative Update

firearm in a location where the person knew or should have known that an individual younger than age 18 has access to the firearm. A violator is guilty of a misdemeanor, punishable by the existing penalty of a maximum fine of $1,000. In addition, a person may not possess a regulated firearm if the person (1) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4-104 of the Criminal Law Article (access to a firearm by a minor under the bill) or (2) has been convicted on or after October 1, 2023, of a violation of § 4-104 if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person. In addition, a person who has been convicted on or after October 1, 2023, of a violation of § 4-104 may not possess a regulated firearm for five years following the date of the conviction. Finally, the bill requires the Deputy Secretary for Public Health Services to develop a youth suicide prevention and firearm safe storage guide by January 1, 2024. House Bill 636: Public Information Act – Inspection of E-Mail Addresses and Phone Numbers This bill alters the definition of “personal information” under the Maryland Public Information Act (PIA) to include an individual’s email address. The bill makes other changes under PIA that establishes when a custodian is prohibited from allowing, or authorized to allow, the inspection of records related to email addresses and telephone numbers. House Bill 151: Real Property – Residential Leases – Notification of Rent Increases Under House Bill 151, before increasing a tenant’s rent, a landlord must send written notice to the tenant by firstclass mail (with a certificate of mailing) or by electronic delivery, if the tenant has elected electronic delivery. The bill further specifies additional requirements for notice that depend on the type of tenancy, as follows: • for a tenancy for a term of more than 1 month, the notice must be sent at least 90 days in advance of the rent increase; • for a tenancy for a term of more than 1 week, but not more than 1 month, the notice must be sent at least 60 days in advance of the rent increase; and • for a tenancy for a term of one week or less, the notice must be at least 7 days in advance of the rent increase November 2023

if the parties have a written lease or at least 21 days in advance of the rent increase if the parties do not have a written lease. The bill also establishes reporting requirements for local jurisdictions that adopt local laws limiting rent increases under specified circumstances, such as a state of emergency or catastrophic health emergency issued by the Governor. Senate Bill 100/House Bill 36: Real Property – Actions to Repossess – Proof of Rental Licensure This bill requires a landlord (in a jurisdiction that requires licensure) when filing a written complaint to repossess residential property to plead with supporting facts, in a form prescribed by the Judiciary, that the property is either: (1) licensed in compliance with applicable local rental licensing requirements; (2) exempt from applicable local rental licensing requirements; or (3) unlicensed for specified reasons. These requirements are generally applicable upon the filing of a failure to pay rent, tenant holding over, or breach of lease action (subject to limited exception, including in circumstances involving a clear and imminent danger). At trial, the landlord must demonstrate by a preponderance of the evidence that the property is licensed, exempt, or unlicensed for specified reasons. A landlord may provide electronic proof of licensure to satisfy the requirement. The court must grant one postponement in the event that a party seeks additional evidence related to the assertion in the written complaint regarding licensure. Senate Bill 651: Real Estate - Real Estate Brokerage Services and Termination of Residential Real Estate Contracts (The Anthony Moorman Act) This bill requires a real estate broker or an escrow agent to distribute “trust money” to a purchaser – if the purchaser terminates a residential real estate contract under the terms of a contingency clause – after written notice of a request to return the money is provided to the holder of the trust money and the seller and specified procedures are satisfied. Within 10 days of receiving this notice, the seller must provide the holder of the trust money with a copy of a complaint filed in the District Court or a notarized, written request for mediation relating to the distribution of the trust money. On receipt of a complaint/request for mediation, the holder of trust money must hold the trust money until 27

Legislative Update a court order or mediation agreement authorizes the distribution or the holder files an interpleader action in the District Court. Conversely, if the holder of the trust money does not receive a copy of a complaint or a request for mediation within 30 days, the holder must distribute the trust money to the purchaser and notify the purchaser and seller of the distribution. A holder of trust money may not be held liable for a decision to distribute the trust money in accordance with the bill’s provisions. A claimant aggrieved by a distribution of trust money under the bill’s provisions may file an action in the District Court. Senate Bill 591: Labor and Employment – Noncompete and Conflict of Interest Provisions – Application of Prohibition This bill increases the amount that an employee must earn in order for a noncompete or conflict of interest provision in an employment contract to be permissible under State law. The current earnings threshold is more than $15.00 per hour or $31,200 annually. Under the bill, the threshold is more than 150% of the State minimum wage rate.

Senate Bill 36/House Bill 14: Family Law Grounds for Divorce The bill authorizes a court to grant an absolute divorce on the grounds of (1) six-month separation, if the parties have lived separate and apart for six months without interruption before the filing of the application for divorce or (2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage. The bill specifies that parties who have pursued separate lives must be deemed to have lived separate and apart for purposes of the grounds of six-month separation even if the parties reside under the same roof or the separation is in accordance with a court order. Senate Bill 71/House Bill 800: Execution on a Judgment – Child Support Arrearages – Workers’ Compensation This bill specifies that 25% of the net recovery by a debtor on a claim for workers’ compensation indemnity benefits is subject to execution on a judgment for a child support arrearage, including any weekly benefits or settlement proceeds payable to the debtor. The bill also specifies that for the purpose of executing on a judgment for a child

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Legislative Update support arrearage under § 11-504 of the Courts and Judicial Proceedings Article, “net recovery” means the sum of money to be distributed to a debtor after deduction of attorney’s fees, expenses, medical bills, and satisfaction of any liens or subrogation claims arising out of the claims for personal injury, including those arising under a workers’ compensation insurance plan. Senate Bill 42/House Bill 440: Child Custody - Relocation of Child - Expedited Hearing (Assurance of Child’s Safety Act) This bill requires a court to set a hearing on a petition regarding a proposed relocation of a child that would significantly interfere with the other parent’s ability to maintain the predetermined parenting time schedule on an expedited basis. Senate Bill 383/House Bill 267: Family Law Maryland Child Abduction Prevention Act This bill authorizes a court to order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child and establishes procedures by which a party or another individual or entity, as specified, may file a petition seeking such measures. The bill also authorizes a court to issue an ex parte warrant for physical custody of the child if the court finds that there is a credible risk of abduction and establishes related requirements and procedures. A petition may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue under Title 9.5 of the Family Law Article (the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)). A court in the State must have temporary emergency jurisdiction under UCCJEA if the court finds a credible risk of abduction. The petition must also specify the risk factors for abduction. These factors, which the court must consider in determining whether there is a credible risk of abduction, include (among other items), any evidence that the petitioner or respondent: • has previously abducted or attempted to abduct the child; • has threatened to abduct the child; • has recently engaged in activities that may indicate a planned abduction (e.g., abandoning employment, selling a residence or terminating a lease, applying for a passport or obtaining travel documents, etc.); • has strong familial, financial, emotional, or cultural ties

November 2023

to another state or country (or lacks such ties to the State or the United States); • is likely to take the child to a country that meets specified criteria, such as not having an official U.S. diplomatic presence or having laws or practices that would restrict the child’s ability to leave the country after the child reaches the age of majority because of a child’s gender, nationality, or religion; • has used multiple names to attempt to mislead or defraud; or • has engaged in any other conduct the court considers relevant to the risk of abduction. Senate Bill 792: Estates and Trusts - Registered Domestic Partnerships This bill allows for registered domestic partnerships to have the same effect as marriage under various provisions of the Estates and Trusts Article of the Maryland Code. Among other things, it establishes (1) the requirements that must be met for a domestic partnership to be registered with the register of wills and how the domestic partnership may be terminated and (2) the benefits for which the surviving partner of a registered domestic partnership qualifies. The bill also removes certain terms from the definition of “child” under the Estates and Trusts Article and alters provisions governing the distribution of an intestate estate. Senate Bill 253/House Bill 244: Estates and Trusts - Registers of Wills - Electronic Filing and Signatures This bill requires a register of wills to accept any document, except an original will, that is filed electronically through a system established by the register and in accordance with the Maryland Rules; however, the bill does not prohibit the filing of a document in paper form with a register. The bill also prohibits a register from refusing to accept any document based on the manner in which it was signed. For the purposes of the bill, “sign” means, with present intent to authenticate or adopt a record, to (1) execute or adopt a tangible symbol or (2) attach to or logically associate with the record an electronic symbol, sound, or process. Senate Bill 446/House Bill 687: Estates and Trusts - Trusts - Decanting (Maryland Trust Decanting Act) This bill establishes the Maryland Trust Decanting Act, which provides specified authority to an authorized fiduciary to distribute property of a first trust to one or more second trusts or to modify the terms of a first trust. The bill must be construed to apply retroactively and must 29

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Legislative Update 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. House Bill 127: District Court - Small Claims Enforcement of Money Judgments This bill prohibits the District Court, in a small claims action, from (1) ordering the appearance of an individual for an examination in aid of enforcement of a money judgment or (2) ordering an individual to answer interrogatories in aid of execution of a money judgment. Senate Bill 106/House Bill 42: Courts - Judgments - Exemptions From Execution This bill exempts from execution on a money judgment, without election by the judgment debtor, up to $500 in a deposit account or other account of a judgment debtor held in a “depository institution.” The cumulative value of cash and property exempted under the bill’s exemption and the existing election-based exemption may not exceed

$6,000 (the current statutory limit). A writ of garnishment issued for a deposit account or other account held by a depository institution must instruct the garnishee that, subject to additional exemptions, the garnishee is to garnish only the amount exceeding the amount exempted without election of the debtor. A depository institution may not be liable to the judgment creditor for actions taken in good faith reliance on these instructions. The bill also establishes procedures a depository institution must follow on receipt of a writ of garnishment or other levy or attachment. The bill applies prospectively only to any writ of garnishment or writ of execution issued on or after the bill’s October 1, 2023 effective date. Senate Bill 497/House Bill 178: State Designations – State Spirit – Maryland Rye This bill designates Maryland Rye or Maryland Rye Whiskey as the State spirit. Cheers!

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Legislative Update Outline of Changes in the Law as of 10/1/2023: Cannabis and Firearms

A. Cannabis

a. Definitions & Civil Citations i. Cannabis: Crim. Law § 5-101 ii. Means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. iii. Civil Amount: Crim. Law §5-601(c)(2)(ii)(2) 1. Usable cannabis over 1.5 ounces, but does not exceed 2.5 ounces; 2. Concentrated cannabis over 12 grams, but doesn’t exceed 20 grams; 3. Cannabis products containing Δ9THC1 that exceeds 750 mg., but does not exceed 1,250 mg. 4. Civil Citation 1

5. Penalty a. Fine up to $250

iv. Personal Use: Crim. Law §5-601(c)(2)(ii)(1) 1. Usable cannabis up to 1.5 ounces; 2. Concentrated cannabis over 12 grams, but doesn’t exceed 20 grams; 3. Cannabis products containing Δ9THC that exceeds 750 mg., but does not exceed 1,250 mg. 4. Civil Citation 5. Penalty a. Fine up to $100 v. Smoking in Public: CR §5-601(c)(4) 1. Civil Citation 2. First offense a. Fine up to $50 3. Second and subsequent offenses a. Fine up to $150

Delta-9-tetrahydrocannabinol

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Legislative Update b. Criminal Charges i. Possession of Cannabis over the Civil Amount: Crim. Law § 5-601 1. Penalty a. Misdemeanor b. Up to (6) months and/or a fine up to $1,000 ii. Possession with Intent to Distribute/ Manufacture Cannabis: Crim. Law §5-602 1. Mere possession of civil or personal use of cannabis without any other evidence does not constitute as Possession with Intent to Distribute Cannabis. 2. Penalty a. Misdemeanor b. Up to (3) years and/or a fine up to $5,000. iii. Distribution of Cannabis: Crim. Law § 5-602(b) 1. Penalty: Crim. Law § 5-607(a)(1) a. Felony b. Up to (5) years and/or a fine up to $15,000.

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iv. Stops or searches; cannabis; admissibility of evidence: Crim. Proc. § 1-211 1. NO STOPS or SEARCHES of a PERSON or MOTOR VEHICLE based SOLELY on (1) or more of the following: a. Odor of Cannabis (burnt or unburnt); b. Possession (or suspicion) that doesn’t exceed the personal use amount; c. Presence of money in proximity to Cannabis w/o other indicia of intent to distribute. 2. IF investigating a person SOLELY for DUI/DWI violations on Cannabis, searches are limited to: a. Readily accessible areas in regards to the driver; OR b. Anywhere reasonably likely to contain evidence relevant to the driver’s condition. 3. NOTE: if any evidence is obtained in violation of this code, including consent searches, the evidence is NOT ADMISSIBLE in trial or any other hearing. v. Cannabis Plants CR §5-601.2 1. Personal use is up to (2) plants; 2. Cannot be grown in areas subject to public view; 3. Shall take reasonable precautions to ensure those under 21 don’t have access; 4. If two or more persons over 21 reside at the home, they are still only allowed to have (2) plants; 5. Can’t cultivate the plants of another. 6. Penalty a. Misdemeanor b. Up to (3) years and/or up to $5,000 c. Criminal Procedure §10-105.3 i. If currently serving a sentence for possession of cannabis, the person may present an application for resentencing. 1. The Court shall grant the application, resentence them to time served, and release that person.

Legislative Update B. Firearms/Handguns a. Child’s Access to Firearms: Crim. Law § 4-104 i. A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor has access to the firearm. ii. Penalty 1. Misdemeanor 2. A fine up to $1,000 iii. If convicted: barred from possession of firearms for (5) years. b. Wearing, carrying, or transporting firearms; areas or children or vulnerable individuals; government or public infrastructure areas; special purpose areas: Crim. Law § 4-111. i. Prohibits people from willfully wearing, carrying,

or transporting a firearm at the following facility and grounds2: 1. Preschool or prekindergarten; 2. Private primary or secondary school; 3. Health care facility; 4. Government or public infrastructure; 5. Cannabis dispensaries; 6. Stadiums; 7. Museums; 8. Amusement parks; 9. Race tracks; or 10. A video lottery facility; 11.Areas for children or vulnerable adults. ii. There are specific exceptions enumerated in the code. iii. Penalty 1. Misdemeanor 2. Up to (1) year and/or a fine up to $1,000 iv. This conviction does not merge.

2 Note: two restrictions were denied under the most recent injunction: (1) Liquor stores/licensed places to sell alcohol; and (2) Private Building Consent Rule. Kipke v. Moore, No. CV GLR-23-1293, 2023 WL 6381503 (D. Md. Sept. 29, 2023).

The Advocate

Legislative Update c. Wearing, carrying, or transporting handgun: Crim. Law § 4-203 i. Penalty increased: 1. No less than (30) days and up to (5) years and/or a fine from $250 up to $2,500. 2. IF on public school property, then no less than (90) days. ii. Second Offense 1. No less than (1) year but, no more than (10) years. 2. IF on public school property, no less than (3) years, but no more than (10) years. 3. If loaded, the Court may not suspend any part of or impose less than the applicable mandatory minimum. 4. State must provide at least (30) days’ notice of intent to seek the mandatory minimum sentence.

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iii. Third Offense 1. No less than (3) but, no more than (10) years. 2. IF on public school property, no less than (5) years, but no more than (10) years. 3. If loaded, the Court may not suspend any part of or impose less than the applicable mandatory minimum. 4. State must provide at least (30) days’ notice of intent to seek the mandatory minimum sentence. d. Added Restrictions on possession of regulated firearms: MD PUBLIC SAFETY § 5-133 i. Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: 1. On supervised probation after being convicted: a. For a crime punishable by imprisonment for (1) year or more; b. A violation for a DUI or DWI; or c. A violation of a protective order. 2. After or on October 1, 2023, has been convicted of a second or subsequent violation of child’s access to firearms (Crim. Law § 4-104). 3. After or on October 1, 2023, has been convicted of a violation of child’s access to firearms (Crim. Law § 4-104) where the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to a minor or another person. e. Serial numbers required: MD PUBLIC SAFETY § 5-703 i. On or after March 1, 2023, prohibits the sale, offer to sell, or transfer of a firearm that has not been imprinted with a federally licensed serial number. ii. Does not apply to the possession of the firearm unless the person knew or reasonable should have known that the firearm did not have serial number. iii. If inherited there is a (30) day grace period to get the firearm serialized. iv. Penalty 1. Misdemeanor 2. Up to (2) years and/or a fine up to $10,000. – Kelsie A. Potts, Esq.

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The Advocate would like to feature your professional news in our next issue. Please email rruocco@bcba.org with your updates.

November 2023

Legislative Update Immigration PBJ(C): Maryland Criminal Procedure 6-220(c) Effective October 1, 2023, a new section of the Probation for the underlying crime; and (v) the defendant agrees to Before Judgment (“PBJ”) statute became available. the provisions of items (i) through (iv) of this paragraph Criminal Procedure § 6-220(c) is intended for use when a and the terms and conditions of probation ordered by conviction would have potentially negative immigration the court. consequences, including deportation. Under Maryland (4) After an agreement made in accordance with this law, a PBJ pursuant to CP 6-220(b) is not a conviction. subsection is placed on the record, the court shall make a Under Federal immigration law, however, it is a conviction. finding that there are sufficient facts to support a finding See 8 USC 1101(a)(48)(A). The statute, debated for four of the defendant’s guilt but that the court does not do years in the General Assembly and co-sponsored by our so and instead defers judgment and imposes probation own Jon Cardin, is designed to make the benefits of a before judgment. PERSONAL HEALTH MANAGER PBJ adjudication available to everyone, regardless of It can be hard to keep track of all information you defendant receive aboutto and the receipt by (5) Thethe consent of the immigration status. your diagnosis and treatment, but keeping this information the defendant of a disposition under this paragraph shall organized can help you feel less stressed and more prepared to talk The Statute provides: be considered a probation before judgment for all other with your doctor. The ACS Personal Health Manager can help. Your (c)(1) When a defendant pleads not guilty, the defendant under Stateand law. Personal Health Managerpurposes content can be printed kept in a may, with the consent of the State,3-ring enter into an binder to take along to your appointments. Using tabbedthe same as a traditional The rest of the statute remains agreement with the State under this subsection the eachPBJ dividers to and separate section will make it easier for you find regarding conditions of to probation before judgment what youbeyond need. a court may find facts justifying a finding of guilt (CP § 6-220(d)), crimes which require evaluation of the reasonable doubt, defer entry of a conviction, and place defendant (CP § 6-220(e)), prohibitions on the stay of the defendant on probation before judgment subject to judgment for certain crimes (CP § 6-220(f)), waiver of reasonable conditions only if: (i) the court finds that the right to appeal (CP § 6-220(g)), violations of conditions best interests of the defendant and the public welfare of probation (CP § 6-220(h)), fulfillment of probation Breast Support would be served; and (ii) theCancer defendant consents in writing conditions (CP § 6-220(i)), and credit for time served on to the probation before judgment. If you have breast cancer, you may want to connectviolations with someone who knows what of probation (CP you’re § 6-220(j)). feeling – someone who has there.” The American Cancer Society Reach To Recovery® (2) If the defendant violates the terms of“been an agreement the transcript thecancer hearing could impact the program connects people facing breast cancer withBecause trained volunteers who are of breast under paragraph (1) of this subsection, the court may result in those immigration court, the language used on the survivors. Our volunteers provide one-on-one support to help facing breast cancer cope enter a finding of guilt and impose a sentence. at the timeand offamily, the plea is very important. To that with diagnosis, treatment, side effects, finding waysrecord to talk with friends and more.

program is available in English and Spanish. end, the Maryland Office of the Public Defender has (3) An agreement The under paragraph (1) of this subsection drafted, and graciously made available to practitioners, a shall provide that: (i) the defendant does not admit to the suggested PBJ(c) colloquy. Thank you to Stephanie Wolf, facts offered by the State and pleads not guilty; (ii) the Esq. and her collaborators for putting this together for defendant accepts probation in exchange for the court the Bar and sharing it. expressly withholding a finding of guilt; (iii) the defendant Cancer Survivors Network knowingly and voluntarily 1.Network The right copy of where the court approved “Probation Agreement Our Cancerwaives: Survivors (CSN)toisaa trial; free onlineAcommunity survivors and caregivers and 2. The right share to appeal the probation their stories, ask questions,agreement; and get support from each other. With a chat room Deferring Judgment” can be and found here: (iv) if the court finds that defendantboards, has violated theyou to connect with others who have a similar more thanthe 40 discussion CSN allows https://mdcourts.gov/sites/default/files/court-forms/ terms of the probation 1. The court maymessages find canceragreement: experience. You can send private to other members, build your own support ccdccr170.pdf network, post blogs, and more. the defendant guilty of the underlying crime as a result of the violation; and 2. On a finding of guilty, the court – Jennifer W. Ritter Esq. may sentence the defendant up to the maximum penalty

Caregiver Support Our ACS Caregiver Resource Guide provides information for people who are caring for someone with cancer. It can help you better understand what your loved one is going through, develop skills for coping and caring, learn how to care for yourself as a caregiver, and take steps to help protect your health and well-being.

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The Advocate

Committee Reports Bench/Bar Committee: October Bench/Bar Committee Meeting Introduction of new members: Robert Frank, Sophia Barilone, Jennifer Lazenby, and Valerie Taylor

Orphan’s Court Report by Judge Frank – No report.

Individual Reports

The Circuit Court Bench Report by Judge Robinson District Court Bench Report by Judge Wilson – Judge King’s memorial service is scheduled for 10/22/23 – Beginning October 1, there was a new law passed at 2:00 pm at Bolton Street Synagogue. Longtime Spanish that does not allow for the scheduling / requesting of interpreter Blanca Picaso retired on October 1. The Court oral examination or issuance of interrogatories in aid received approval to hire two resident Spanish interpreters of enforcing a money judgment in a small claims case; to meet the growing need for Spanish interpretation District Court is or will be denying such requests. In services. The October 25 jury assembly/selection center late September, the Court hosted the Maryland House opening is on track and everyone should be prepared Judiciary Legislative Committee for a “ride along” to select a jury in the afternoon if you have a jury trial through the new Catonsville District Court to observe scheduled. Last month there was a question about family Court sessions and also to tour the building. Overall, it was law standby cases. In August, the Court reached a grand a very positive experience for all. The District Court just total of 0 stand-by cases and had 19 cases administratively hired two new staff members to assist with District Court postponed. The numbers were much better in September, administration, which brings Chambers up to full staff. in which the Court reached 5 stand-by cases and had District Court Administration Report by Maria MANAGER only 9 cases administratively postponed.PERSONAL In addition HEALTH to Fields – The District Court is currently in the same It can be hard to keep track of all the information you receive about sending cases to magistrates, judges and settlement court, position as the Circuit Court with hiring and presently yourto diagnosis and treatment, but keeping this information the Court is also now sending standby cases mediation have approximately fiveprepared vacancies. organized can help you feel less stressed and more to talk when appropriate. The Court had its second consecutive with your doctor. The ACS Personalof Health Manager can help. Your Office Administrative Hearings Report by month in which there was only 1 civil case postponed Personal Health ManagerJudge contentSummerville can be printed and– kept in a No report. because of the lack of availability of a judge jurors. 3-ringorbinder to take along to your appointments. Using tabbed County Bar Association Executive dividers to separate eachBaltimore section will make it easier for you to find Stephanie Medina, Circuit Court Administration Council Report by Lisa Settles – There is a call to what you need. – No report. support the BCBA “Wines Around the World” event on Julie Ensor, Clerk of Circuit Court – The Court is Thursday, October 12th at Country Club of Maryland to continuing to move through its recruitment process and benefit the American Cancer Society. The Stated Meeting 50 new employees have been promoted or hired this year. is October 19th at 4:30 in the Ceremonial Courtroom. The Court still hasBreast eight vacant positions. The issue of mandatory CLE has come up and the closing Cancer Support Magistrate’s Report by Magistrate Paliath – providing inputwhat is November 10th. If you have breast cancer, you may want to connectdate withfor someone who knows you’re The FRSP graduation held last month three feelingwas – someone who has “beenwith there.” The American Cancer Society Reach To Recovery® Baltimore County State’s Attorney Report by individuals graduating andconnects there ispeople now facing plenty of room program breast cancer withScott trainedShellenberger volunteers who are–breast The cancer Office is very busy, but also for new participants in FRSP. survivors. Our volunteers provide one-on-one support help those breastclosure. cancer cope feelstocaught upfacing following The SA Office presently with diagnosis, treatment, side effects, finding ways to talk with friends and family, and more. has five vacancies and is looking to hire. The starting The program is available in English and Spanish.

salary was recently raised to $77,000.

Cancer Survivors Network

Our Cancer Survivors Network (CSN) is a free online community where survivors and caregivers share their stories, ask questions, and get support from each other. With a chat room and more than 40 discussion boards, CSN allows you to connect with others who have a similar cancer experience. You can send private messages to other members, build your own support network, post blogs, and more.

November 2023

Caregiver Support

Committee Reports Public Defender’s Office Report by Rukaayat Balogun – The recent hiring fair was very successful and the PD office anticipates getting a few new hires in Baltimore County. There are still a number of vacant positions. There will be another hiring fair on November 9th.

Judge Cavanaugh and Judge Barranco speaking on the panel. The Young Lawyer Holiday Lunch is scheduled for Friday, December 1st and we will be collecting toys to benefit CASA as well as putting together holiday care packages for the Hope Lodge. Flyers for both events will be circulated.

Criminal Defense Bar Report – No report.

Baltimore City Report by Harry Chase – The City is working very hard to meet deadlines for implementation of MDEC.

Baltimore County Office of Law – No report. Family Law Committee Report by Martha White – The Committee is having an event on November 7th about trauma, compassion, fatigue and burnout. The Committee is having a dinner at Bluestone on October 18th and a brown bag lunch on October 25th to discuss new divorce laws. On October 24th Kerry Cohen and Erica Slater will be receiving the pro bono awards and the ceremony will be held at Pessin Katz Law. BCBA Young Lawyer Committee Report by Valerie Taylor – The Young Lawyer Committee has two events coming up. The Circuit Court Chambers Chat is scheduled for Thursday, November 2nd at noon with

Portrait Committee Report by Harry Chase – There will be an unveiling of Judge Cox’s portrait on October 30th at 4:00 p.m. in the Ceremonial Courtroom. Harford County Report by Tyler Nowicki – No report. Diversity and Inclusion Report by Rachel Ruocco – There was a panel discussion hosted at University of Baltimore School of Law regarding the recent Supreme Court decision on affirmative action. The Committee is working on a part two to the UB panel discussion. – Valerie E. Taylor, Esq.

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Committee Reports Civil Law Committee: Civil Law Update Review of the Amicus Curiarum for September and October, 2023 revealed the following civil cases of interest: IN THE SUPREME COURT OF MARYLAND:

Attorney Grievance Commission of Maryland v. George L. Farmer, AG No. 41, September Term 2021, filed July 10, 2023. Opinion by Gould, Steven B., Justice Mr. Farmer was a practicing attorney but never a member of the Maryland bar. Essentially, the series of events that lead to this filing by Bar Counsel were as follows: In 1988, Mr. Kent, an attorney licensed in Maryland and who had represented the members of the Marsh family for approximately 3 decades, prepared a trust which name Mr. Marsh and Ms. Marsh as the grantors, trustees and beneficiaries with their son Rick as the successor beneficiary. Mr. Marsh passed on January 22, 2009. Ms. Marsh succeeded her husband as the sole trustee and amended the Trust in 2010 to make her the sole beneficiary for her life and Rick as the successor beneficiary. If Rick predeceased Ms. Marsh, the Trust assets would pass to various charities. Mr. Kent became the successor trustee. In 2015, Ms. Marsh amended the Trust again to provide that upon her death, if Rick was surviving, her house would pass to him free of the Trust and the remaining assets would be held in trust for his benefit. In 2018, Ms. Nguyen was hired by the Marsh family to provide care to Ms. Marsh, who had developed dementia. In later 2018 or 2019, Ms. Nguyen and Rick were married. Rick subsequently wrote a will making Ms. Nguyen his beneficiary. In March 2020, Rick began to fall ill. Due to his declining health, Mr. Kent assumed the role of trustee and prepared an amendment that Ms. Marsh signed appointing his partner, Helen Dankos as the successor trustee. Ms. Nguyen then contacted her family friend, Mr. Farmer, in early March about the situation related to the trust. He met with Ms. Marsh, Rick and Ms. Nguyen and allowed Ms. Nguyen to retain him to represent her. He then sent Mr. Kent communications demanding that Mr. Kent take certain actions that would result in he and Ms. Nguyen being co trustees and co attorneys in fact for Ms. Marsh. Subsequently Rick died in April 2020. Mr. Farmer did seek the assistance of a Maryland lawyer to work with and to support a pro hac vice motion to allow him to appear in court in Maryland. Mr. Farmer took other actions on behalf of Ms. Marsh and Ms. Nguyen and eventually filed a complaint in US District Court for payment of his fees in excess of $150,000 for his representation of Ms. Marsh. November 2023

A grievance was filed against Mr. Farmer for several violations of the Maryland Rules of Professional Conduct, including the unauthorized practice of law in Maryland. A hearing judge found violations and one mitigating Ceecee Paizs circumstance in the fact that Mr. Farmer did try to find a Maryland attorney to support a pro hac vice motion. The Supreme Court of Maryland held that Mr. Farmer violated the MARCP when he represented both his friend and the widow, two clients with conflicting interest. In addition, in light of this conflict and that he was not authorized to practice law in Maryland, he violated the MARCP by accepting a retainer fee and billing for legal services in representing the widow. After considering these points as well as others, the Supreme Court held that an indefinite suspension was an appropriate sanction for his actions.

Thomas L. Lloyd v. Anna Cristina Niceta, No. 33, September term 2022, filed August 30, 2023. Opinion by Hotten, Michelle D., Justice In 2006 Husband and Wife were married. In 2014, Wife discovered that Husband was involved in an extramarital affair. In an effort to reconcile, the parties negotiated the terms of a postnuptial agreement that provided that for a lump sum payment to Wife of $7 million dollars or up to one half of Husband’s one-half interest in marital property if he commits adultery again and/or the parties divorce after he engaged in adultery. In October 2019, Wife filed a Complaint for Absolute Divorce on the grounds of adultery. Wife requested that the Agreement be incorporated into the divorce decree and that the lump sum provision be enforced. Husband argued that the lump sum provision constituted an unenforceable penalty because it was an excessive liquidated damages clause. The circuit court upheld the lump sum provision, citing McGeehan v. McGeehan, 455 Md. 267, 167 A.3d 579 (2017), for the proposition that adultery penalties are permissible 39

in postnuptial agreements. The court noted that other jurisdictions that have rejected adultery penalties have held that those provisions undermine no-fault divorce laws in those states. The court noted that Maryland permits fault-based divorce. The Appellate Court confirmed. The Supreme Court affirmed. The Court held that spouses may transfer marital assets to each other upon divorce based on whether one of the spouses engages in adultery and that was the primary reason for the breakdown of the marriage. The Court noted that liquidated damages principles do not apply to postnuptial agreements. While parties in a divorce proceeding are not entitled to compensatory damages, they have the ability to provide for a lump sum distribution of marital assts contingent on infidelity as the cause of the breakdown of the marriage. The Court held that public policy in Maryland currently supports spouses negotiating in good faith to conditions of a transfer of marital assets upon the dissolution of the marriage when a spouse commits adultery. The Court then examined the bases for other jurisdictions to reject an adultery penalty and concluded that those states held them as against public policy due to the no fault divorce laws in those jurisdictions. The Court did indicate that since the provision required Husband to transfer to his Wife $7 million up to the value of 50% of his share of the specified marital assets if the parties divorced after he engaged in adultery, he alone controlled whether the provision would trigger. Therefore, the lump sum provision was valid and enforceable. NOTE: Would this conclusion change now that Maryland has only no fault grounds for divorce? Or can adultery as a cause of the divorce, while not a ground, still be a basis for the lump sum provision to be enforced? IN THE APPELLATE COURT OF MARYLAND:

Jamie Bennett v. Ashcraft &Gerel, LLP, No. 31, September Term 2022, filed September 1, 2023. Option by Arthur, Kevin F., Judge In 2011 when Bennett joined the law firm of Ashcraft & Gerel, LLP (Ashcraft) the parties entered into a “Prenuptial Agreement” that governs the division of fees between Ashcraft and an attorney if the attorney leaves the firm is retained by any of the firms’ clients and settled the client’s case after leaving the firm. The PA used a sliding scale formula that considers (1) the amount of time between when the client retained the firm and when the attorney departed, and (2) the amount of time between when the attorney departed and when a fee was generated. When Bennett left Ashcraft in 2015 one of 40

the clients who left Ashcraft and retained her was a Mr. Barker. Mr. Barker’s cases were finalized in a settlement agreement that resulted in a contingent fee and statutory fees of more than $2.675 million. These sums were to be paid on a quarterly basis over five years. Ms. Bennett paid Ashcraft their share up through October 2018, when she stopped. Subsequently Bennett filed a complaint and asked the court for a declaratory judgment related to the enforceability of the Prenuptial Agreement. Bennett claimed that the agreement was not enforceable under the Maryland Rules of Professional Conduct. Ashcraft counter claimed for summary judgment. The trial court determined that the agreement was enforceable and ordered Bennett to provide a complete account of all funds received from August 2018 forward. Based on that information, Ashcraft calculated that its damages totaled $706,164.83 not including pre-judgment interest. The circuit court issued a declaratory judgment in favor of Ashcraft and a judgment against Bennett in the calculated amount. The Appellate Court affirmed in part and vacated in part. The Court upheld the trial court’s conclusions that the Prenuptial Agreement did not violate the Maryland Attorneys’ Rules of Professional Conduct and was enforceable, as it did endeavor to make a reasonable forecast of what a likely quantum meriut division of fees would have been. This would have been done without an agreement as the principle of quantum meriut could be used to determine a division of the fees under these circumstances. The Court further held that the Prenuptial Agreement was not unreasonable on its face because the parties used a sliding scale to forecast a likely quantum meriut division, and that the agreement’s application to the Barker fees was not unreasonable. The Court held that the circuit court erred in denying Ashcraft’s request for -pre-judgment interest. Pre-judgment interest is available as a matter of right when the obligation to pay and the amount due is certain, definite and liquidated by a specific date prior to the judgment such that the effect of the debtor’s withholding payment was to deprive the creditor the use of the fixed amount as of a known date. Since Bennett received certain, definite and liquidated settlement payments on discrete dates, she was obligated to remit certain, definite and liquidated percentage to Ashcraft but failed to do so. Therefore, Ashcraft is entitled to prejudgment interest as a matter of right, on each payment that Bennett failed to make. – Ceecee Paizs, Esq.

The Advocate

Committee Reports Diversity & Inclusion Committee:

Affirmative Action – Past, Present, and Future On October 4, 2023, the BCBA Diversity and Inclusion Committee and the MSBA DEIA Committee presented an insightful lecture at the University of Baltimore School of Law entitled Affirmative Action – Past, Present, and Future. The Honorable Syeetah Hampton-EL moderated the discussion of the four outstanding panelists: Glendor Hughes, Esq. – General Counsel of the Maryland Commission for Civil Rights ; Raphael Santini, Esq. – MSBA President-elect; the Honorable Alexander Williams, Jr. – Retired U.S. District Court Judge; and Senator Charles E. Sydnor, III – District 44 – Baltimore County. The Past The discussion began with a look at the tattered history of affirmative action. The panel discussed two executive orders from Presidents Kennedy and Johnson that sought to level the playing field for minorities regarding federal contracting opportunities. These executive orders were seen as a means of correcting a history of discrimination. The panel then moved on to the Regents of the University of California v. Bakke, 438 U.S. 265 (1978), where the U.S. Supreme Court declared affirmative action constitutional but invalidated the use of racial quotas. In the Bakke decision, the Court conceded that the educational benefits of diversity constitute a compelling governmental interest and justify the use of race as a “plus factor” in admissions. The panel agreed that education is the key to advancing in our society. If one opens the door to education, real societal change can occur. Finally, the panel discussed the passage of Proposition 209 in California in 1996, which essentially gutted affirmative action in California by enacting a formal ban on racial preferences. The panel called this ballot measure the “canary in the coal mine.” The Present The panel then turned to the impetus for this program, the June 29, 2023, U.S. Supreme Court decisions of Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v.

November 2023

University of North Carolina (UNC), which held that the race-based admissions programs at Harvard and UNC violated the Equal Protection Clause of the 14th Amendment. One panelist believed the court had its conclusion in mind when it granted certiorari and then wrote an opinion to get to that end. Mr. Santini found the court’s opinion disconcerting as “the work is not done. . .Society has not changed. There are still people who need opportunity, but Roberts’ opinion [in this case] closes off that opportunity.” Calling the case a “fraud” and “ruse,” Judge Williams noted that no statistics or other tangible evidence supported the conclusion in these cases. Judge Williams went on to note that while we are polarized as a society, we cannot and must not look away from the social determinants (job, health, access to education, etc.). “We cannot be fine with racially profiling on one hand [in the criminal law context], but then despise it on the other.” The Future The panel noted that we must reaffirm our commitment to diversity. Individuals need to tell their compelling stories to open up opportunities. The panel agreed that we will see future challenges in this area, whether it be the Fearless Fund, legacy admission, or corporate diversity programs. Sen. Sydnor noted that elections have consequences and therefore we must engage in policy and get to know our elected officials. Finally, Ms. Hughes cautioned that civil rights lawyers need to stop being on the defensive and get on the offense as “the wrong side is controlling the narrative.” In the end, the panel left the attendees with the following takeaways: • Diversity matters. • Tell your compelling story to anyone who will listen. • Those in the pursuit of civil rights can no longer afford to be reactive. • Work still remains in the DEIA movement. – Tommy Tompsett, Esq.

Committee Reports Family Law Committee: New Grounds For Divorce: A Practitioner’s Guide To

The Changes

On October 18, 2023, the Baltimore County Family Law Committee hosted “New Grounds for Divorce: A Practitioner’s Guide to the Changes” at Bluestone Restaurant in Timonium. Alexis L. Holiday and Jasmine N. Pope have outlined the guide here: Limited Divorce Repealed • There are two ways in which the Legislature abrogates its own laws - repealing such acts expressly or by implication. Cumberland v. Magruder, 34 Md. 381, 386 (1871); Md. Code Gen. Provisions 1-205. o

What does this mean? All Complaints for Absolute Divorce filed before October 1, 2023, do not need to be amended, but may. All Complaints for Limited Divorce must be amended to an absolute divorce on new grounds before trial.

Amendment of Pleadings: Without Leave of Court: by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled trial date.

“New” Grounds • Mutual Consent: Remains Unchanged, see rule on requirements for Complaint • 6-Month Separation: “if the parties have lived separate and apart for 6 months without interruption before the filing” 7-103(a)(1). o “even if (1) the parties reside under the same roof; or (2) the separation is in accordance with a court order” 7-103(b). o Key Takeaway: Parties DO NOT need to be living in separate homes in order to meet this ground for divorce. • Irreconcilable Differences: “irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage.” 7-103(a)(2). o Allege the facts as you would in a Complaint for Absolute Divorce based on adultery, cruelty of treatment, desertion, differences in parenting, 42

The Advocate

Committee Reports

communication, religion, family differences, finances

Any prior fault-based ground for divorce

o Facts are subjective to your client, one party need only believe that the marriage is irretrievably broken and that there is no hope for reconciliation o Sample Language:

“There are many differences between the parties that cannot be reconciled. Those differences have led to the demise of the marital relationship and Plaintiff Defendant’s desire to divorce.”

- “There is no hope that the parties will reconcile and resume their marital relationship.” o

Balance between enough facts to establish the ground and too much information in the Complaint - Privacy of clients is important even in public records.

o There is no time requirement or triggering event that must happen. o Questions the Court will likely ask when parties plead irreconcilable differences: - At what point did you believe that your marriage was over and/or irretrievably broken? - What happened to make you believe that your marriage was over and/or irretrievably broken? Tips/Notes from The Bench • Relocation of Child and Child Abduction Prevention Act are also new: o MD Code, Family Law § 9-106 o MD Code, Family Law § 9.7-104 • Screening: o Relocation of Child Complaints will prompt an expedited hearing and will be reviewed/screened by Judge Epstein o Ex Parte Complaints will be reviewed by the Chambers Judge o Requests for Emergency Hearings will be screened by Magistrate McBee • General Practice Tips: o Redacted v. non-redacted - The Clerk’s office is now requiring redacted and non-redacted versions of documents submitted to the Court along with a Notice of Restricted Information. •

i.e. Documents containing account numbers and sensitive financial information.

– Alexis L. Holiday, Esq. and Jasmine N. Pope, Esq.

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org November 2023

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29,000 cancer patients served

Hope Lodge Locations

We are fortunate to have a Hope Lodge community right here in Baltimore. Atlanta, GA Lubbock,TX BaltimoreM,D Memphis,TN Learn more about Hope BirminghamA,L Minneapolis, MN Lodge here or Nashville,TN reach Boston, MA BurlingtonV,T New Orleans, LA out to American Cancer CharlestonS,C New York, NY ClevelandO,H Oklahoma City, OK Society staff partner Dallas, TX Omaha, NE Eddie Scott at PhiladelphiaP,A Greenville,NC Honolulu,HI Rochester,MN eddie.scott@cancer.org Houston, TX Rochester,NY City, IA Lake City, UT toIowa learn how toSaltvolunteer Jackson, MS SanJuan, PR atJacksonville, our Baltimore FL St. Louis, MO KansasCity, MO Hope Lodge. Tampa, FL Lexington,KY

~500,000 free nights of lodging provided; Since 1970, 6M+ free nights.

Hope Lodge is more than a place to sleep $50 million saved in hotel costs Comprehensive cancer resources and information

Guests from 45+ countries and all 50 states

Social, health and wellness programs

Received treatment from 225+ referring hospitals

Homelike amenities and recreation areas

*Pre-pandemic statistics

Nurturing space for social support and interaction

When cancer care is far away, Hope Lodge is there. Join Us. 44

The Advocate

Committee Reports Judicial Portrait Committee In the last 100 years, the Baltimore County Bar Association participated in a limited way of having Judicial portraits commissioned after the passing of our Circuit Court Judges. Approximately 6 years ago, the Honorable Vicki BallouWatts as Chairman of the Baltimore County Bar Foundation met with me and we discussed if there was any reason why Judicial portraits cannot be commissioned after the retirement of a Circuit Court Judge. Judges would have their portrait done and presented to them while they are still an active member of the legal community. Judge Ballou-Watts created a committee, appointed me Chairman, and I have been diligently having portraits commissioned for Judges that have retired in the last 10 years. Judges who have agreed to have this done for them, have enjoyed having a ceremony presenting the portrait to them in person. To date, we have done approximately 17 portraits of which 16 are members of the Judiciary that are still actively involved in the legal community.

The Baltimore County Bar Foundation attempts to subsidize a small portion of the portrait through our favorable portrait creator, Katherine Meredith. However, any retired Judge can commission any person to complete their portrait, and once it’s presented, will be hung in a Courtroom. In closing, I always like to remember the fact that when we presented the portrait to the Honorable John G. Turnbull II, it was only a few weeks before he passed, and the enjoyment that you can see on his face as well as the huge public crowd, made this project that I have been overseeing so worthwhile. On October 30, 2023, we will be presenting the Honorable Kathleen Cox her portrait, at a public ceremony in the Ceremonial Courtroom in the old Court House. In looking to the future, I see us working on several more portraits for retired Judges as we try to build up the portrait fund with the Baltimore County Bar Foundation. – Harry L. Chase, Esq.

PERSONAL HEALTH MANAGER

It can be hard to keep track of all the information you receive about your diagnosis and treatment, but keeping this information organized can help you feel less stressed and more prepared to talk with your doctor. The ACS Personal Health Manager can help. Your Personal Health Manager content can be printed and kept in a 3-ring binder to take along to your appointments. Using tabbed dividers to separate each section will make it easier for you to find what you need.

Don’t forget to update your information If you have breast cancer, you may want to connect with someone who knows what you’re feeling – someone who has “beenon there.” The American Cancer Society Reach To Recovery® our website!

Breast Cancer Support

program connects people facing breast cancer with trained volunteers who are breast cancer survivors. Our volunteers provide one-on-one support to help those facing breast cancer cope with diagnosis, treatment, side effects, finding ways to talk with friends and family, and more. The program is available in English and Spanish.

Click here to access or go to www.bcba.org

November 2023

LOCAL IMPACT

Baltimore Hope Lodge

Although this list has been created with our Baltimore Lodge in mind, we're happy to work with our Hope Lodge staff

Volunteer Opportunities across the country to customize similar opportunities for your team!

Suggested Budget*

$500

Make/Cater Dinner: Pick a theme, decorate, and plan the menu! Volunteers are responsible for everything from set up to break down, but we will provide tips and help you plan and prepare. Fill the Pantry: While guests have their own food storage space, we also provide a community pantry from which guests can take items to make a meal. Commit to providing non-perishable food items for a Hope Lodge once or periodically. If you're in the Greater DC/Baltimore Area, feel free to host a food drive and we'll come and pick up the donations and deliver them to Hope Lodge for you.

$300

Assemble Welcome Bags: When available, every Hope Lodge guest receives a welcome bag upon arrival, consisting of comfort items like lotion, Chapstick, mouthwash, etc. to help them with some of the side effects of their treatment.

$100

Host an Activity: Are you crafty? A yogi? Share your skills with our guests! Some ideas include cookie making, crafts/hobbies, trivia, game night, movie night, karaoke, and more!

LOCAL IMPACT

In 2022, nearly 6,000 nights of lodging and amenities were provided to patients and their caregivers in Baltimore.

Create Cards of Hope: Write words of encouragement for cancer patients as they undergo treatment. Host as an employee card-making event or create cards off-site and mail them directly to Hope Lodge guests. Fix 'Er Up: Help make minor improvements to our Baltimore Hope Lodge by power washing windows, gardening, serving as a handyman for the day, etc. Greet the Guests: Interested in a recurring volunteer opportunity at our Hope Lodge? Become a trained front desk volunteer and greet guests, assist with check-in, and other front office duties.

In 2022, guests came from 16 different states to access lifesaving treatment available in Baltimore.

*Please note that the budget is fully customizable. Want to cater a menu featuring surf & turf? Plan to spend more! Want to encourage employees to bring non-perishable items to donate? That won't cost the company anything.

Hope for the Future After more than 30 years in its current facility, the American Cancer Society has committed to relocating our Hope Lodge to a more spacious building right across the street. This move will increase our capacity by over 30% and allow us to offer an additional 2,920 room nights to cancer patients and caregivers annually. But we need your help. We must raise $10 million to relocate and renovate our Baltimore Hope Lodge to respond most effectively to the needs of patients whose lives depend on access to effective cancer treatment. By supporting our efforts, you will help provide access for cancer patients from across the globe to Baltimore’s world-renowned cancer treatment centers with cutting-edge clinical trials, proton therapy, immunotherapy, and more.

Last year, Hope Lodge Baltimore saved patients and their families more than $1 million in hotel costs.

With approximately $6.5 million raised to date, we are $2 million shy of our construction goal and $3.5 million from our overall fundraising goal. Won't you help up provide a home away from home for cancer patients? Recognition opportunities are available upon request. Visit us online at hopeishomebaltimore.org.

cancer.org |1.800.227.2345

The Advocate

Committee Reports Maryland Judiciary’s Problem Solving Courts The Baltimore County Family Recovery Support Program celebrated three participants with a graduation on Tuesday, September 26, 2023, in the Historic Courtroom in Towson. Magistrate Dilip Paliath presides over the program along with Shawnna Johnson, Program Coordinator and Renee Horka, Case Manager. The Family Recovery Support Program’s mission is to treat chemical dependency, preserve families and protect children. Parents who suffer from substance abuse in Child in Need of Assistance (CINA) cases are provided an opportunity to access and engage in an intensive, structured-treatment program, and are provided a support network of holistic, strength-based services. Through a collaborative and non-adversarial process, participants are held accountable through frequent monitoring, evaluations, and Court reviews.

Each of the participants completed four phases of programming and testing to achieve this milestone. Despite many challenges each participant faced, they still managed to maintain sobriety and successfully completed the program. One of the participants is the first to complete the program in less than a year. In addition to the FRSP Team we had a few officials attend the graduation…Administrative Judge Dennis Robinson, Magistrate Sidney Francois, Court Administrator, Stephanie Medina, Deputy Court Administrator, Cheryl Rill, Delegate Andre Johnson and a host of others. Bruce White, Founder of One Promise was the guest speaker. This was indeed a special event. – Shawnna Johnson Esq.

CELEBRATE ACCOMPLISHMENTS IN THE NEW SPOTLIGHT ON MEMBER NEWS! Let us know about any awards, promotions, moves and other news you want to include about yourself or others. Fill out the online form here, or email rruocco@bcba.org

November 2023

BALTIMORE COUNTY BAR ASSOCIATION

ANNUAL MEMORIAL SERVICE Join us as we honor BCBA members

Abraham L. Adler Wallace “Wally” Dann Harris “Bud’” George C. David Heisler William O. Jensen, Jr. William James ‘Jamie’ Nicoll James B. Wheatley

NOVEMBER 16, 2023 4:00 PM HISTORIC COURTHOUSE CEREMONIAL COURTROOM 5 400 WASHINGTON AVE. TOWSON, MD 21204

CLICK HERE TO RSVP Reception to follow in Historic Courthouse, Rm. 118 48

The Advocate

Committee Reports Young Lawyers Committee: Update

As the bar year kicks off, the Young Lawyers Committee is excited for the upcoming events the committee has planned. The committee held its first planning meeting on July 27, 2023, to discuss potential fall events. On November 2, 2023, the committee will be hosting a virtual lunchtime “Chambers Chat” with the Honorable Colleen Cavanaugh and the Honorable Michael Barranco of the Baltimore County Circuit Court. This event will give members the opportunity to speak with Circuit Court Judges to gain invaluable insights and information on practice tips and ways to navigate the courtroom.

Don’t forget to update your information on our website!

Following Chambers Chats, the Young Lawyers Committee will be hosting a holiday party on December 1, 2023. For this event, the committee will be partnering with the American Cancer Society’s Hope Lodge to collect donations and create care packages for Hope Lodge residents and family members. Donations being sought include items such as hand sanitizer, wet wipes, tissues, playing cards, socks, and travel size toiletries. The committee looks forward to supporting our bar year charity and working more with the organization. The next committee meeting will be on October 25, 2023, at 9:00 am via Zoom. – Breah Gray, Esq.

Click here to access or go to www.bcba.org

Your ad could be HERE! Contact Rachel Ruocco rruocco@bcba.org or 410-337-9103

Experts in Elder Law, Estate and Special Needs Planning

Medical Assistance Eligibility Planning and Asset Protection Disability Planning / Special Needs Trusts / Veterans Benefits Healthcare Directives / Living Wills Trusts / Estate Planning and Administration Wills / Powers of Attorney / Guardianship 410.337.8900 | www.frankelderlaw.com | 1.888.338.0400 Towson, Columbia, Easton

November 2023

Sponsored By: Baltimore County Bar Association Family Law Committee Presents

PUT YOURSELF FIRST: A Panel Discussion Regarding Burnout in Family Law Do you struggle with: Compassion Fatigue? Burnout? Mental Health Awareness? Self Care?

November 7, 2023 5:00pm - 7:00pm

Charles Village Pub 19 W Pennsylvania Ave, Towson, MD 21204

Join us for a panel discussion about protecting your mental health as a family law professional.

Drinks and Heavy hors d'oeuvres will be included with Registration Guest Speakers

Katelyn Trentalange, MSW, LCSW-C 50

Patrick Trentalange, MSW, LCSW-C

Wendy S. Meadows, Esq. The Advocate

ASIAN PACIFIC AMERICAN BAR ASSOCIATION OF MARYLAND (APABA-MD)

APABA-MD’S BAR YEAR IS IN FULL SWING! In September we co-hosted a Meet and Greet at McGuire Woods with the Monumental City Bar Association Many law students attended the event and we are pairing up students with attorney mentors. We are proud to collaborate on Baltimore County’s Summer Scholars Program through APABA-MD member Judge Michael Siri. Please join us for our Diwali celebration on November 16 at Passage to India in Bethesda. For $40 per guest we will serve a delicious full dinner and each attendee will receive a drink ticket. We are co-sponsoring the event with the South Asian Bar Association of DC (SABA-DC). Please email Pallavi Kachoria at pkachoria@gmail.com to RSVP!

Coming in 2024: Mark your calendars for our Lunar New Year party on February 8 and our Annual Gala on May 9. More details to follow!

November 2023

BALTIMORE COUNTY BAR ASSOCIATION

YOUNG LAWYERS’ HOLIDAY LUNCH & GIFT DRIVE FRIDAY, DECEMBER 1 11:00AM - 2:00PM

Circuit Court for Baltimore County, OLD Jury Assembly Area Admission: $10 or a new toy or book to be donated to CASA of Baltimore County. We will also be collecting the following items for American Cancer Society’s Hope Lodge:

Mini first-aid kits Travel-sized toiletries Hand sanitizer Wet wipes Bring Hope Lodge donations with you on Tissues December 1st or drop off in advance at the Lotion Bar Association Offices on the mezzanine level Chapstick in the Circuit Court. Mints Ginger chews Notebooks & pens Small crossword/word search books Playing cards Register Here The Advocate Socks

BALTIMORE COUNTY BAR ASSOCIATION

Holiday Party DEC

14 th

2 02 3

5:30 PM EAGLE’S NEST COUNTRY CLUB 12801 STONE HILL ROAD PHOENIX, MD 21131

November 2023

READY FOR MORE CLIENTS? Baltimore County Bar Association's Lawyer Referral & Information Service is a great opportunity for any and all attorneys Whether you are a first year attorney, or you have 10 years or more of practice, Lawyer Referral & Information Service has clients waiting for YOU. We have become FULLY VIRTUAL . All you have to do is just pick up the phone and check your email to recieve clients!

High Volume Caller Panels Administrative Law Business Law Civil Rights Collections Consumer

Criminal Elder Law Estate Law Employment Law Family Law Immigration

Insurance Real Estate Law Tax Law Tort Law Toxic Tort Law Workers' Compensation

How Do I Join? Please Click Here to Download & Fill Out the 2023-2024 LRIS Application OR Contact: Gavin Kemp, Lawyer Referral Coordinator, gkemp@bcba.org 54

The Advocate

Baltimore County Bar Association

Save the Date

STATED MEETINGS

SEPTEMBER

OCTOBER

7, 5:30pm -Bar-Year Kick-off Party

October 19, 4:30pm February 15, 4:30pm June 20, 4:30pm

10 -Ravens Tailgate 19 -Bar Wars @ Barleys 28 -Bar Foundation Judicial Portrait Fundraiser

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4, D&I Expert Panel Discussion: Affirmative Action 12, Wines Around the World 19, 4:30pm - Stated Meeting Ceremonial Courtroom #5 24, 5:30pm - Pro Bono Awards and Reception

NOVEMBER

DECEMBER

JANUARY

10, 8:30am – Civics & Law Academy 16, 4pm - Memorial Service 18, 10am - National Adoption Day

1, 12pm - Young Lawyers Holiday Lunch and Toy Drive 8, 8:30am – Civics & Law Academy 14, 5:30pm Annual Holiday Party

25, 6:30pm - Black Tie Banquet TBD, Swearing-In Ceremony

Stated Meetings Ceremonial Courtroom #5

FEBRUARY

15, 4:30pm – Stated Meeting 23, Sponsor Breakfast

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MARCH

APRIL

6, 5:30pm - Bar Wars

Young Lawyers Fundraiser

MAY

1, 12pm - Law Day Noon ceremonies 6, Golf Tournament

JUNE

5-7, MSBA Bar Conference, Ocean City 20, 4:30pm - Stated Meeting

Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 (T) 410-337-9103 (F) 410-823-3418 www.bcba.org

2023 Membership Dues invoices have been sent. Contact the Bar Office at 410-337-9102 if you have not received yours.

Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD