The Advocate - September 2023

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TheAdvocate VOLUME XXXIII, NO. 2 Newsletter of the Baltimore County Bar Association September 2023 Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Law Firm Albers & Associates Title Sponsor - Corporate Growth Solutions Team Signature Sponsors - Corporate Minnesota Lawyers Mutual Multi-Specialty HealthCare USI Vallit Advisors Partner Sponsor - Law Firm Frost Tax Law Rice, Murtha & Psoras Partner Sponsor - Corporate Adobe Chart Squad Clio CRC Salomon Optimize My Firm Pohlman USA 2022 AWARDS FOR PUBLICATION EXCELLENCE WINNER Back to Basics

“What is the quality of your intent? Certain people have a way of saying things that shake us at the core. Even when the words do not seem harsh or offensive, the impact is shattering. What we could be experiencing is the intent behind the words. When we intend to do good, we do. When we intend to do harm, it happens. What each of us must come to realize is that our intent always comes through.”

The bell has sounded. The sounds of footsteps and voices noisily fill the hallways of schoolhouses [and court buildings] that stood dormant a few days ago.

Summer has come to an end. September is in full swing! You can smell the change of seasons in the mornings. For schoolchildren and adults alike, the adventures of summer become warm memories and slowly fade in the rearview. A new chapter has swung wide open. Mixed emotions of excitement and trepidation simultaneously flood the atmosphere.

What will the season ahead bring? Better yet, what will we bring to it?

The late Baltimore native and United States Supreme Court Justice Thurgood Marshall once declared that “[w] hen we intend to do good, we do.” He further proclaimed that, “[w]hat each of us come to realize is that our intent always comes through.” Life’s experiences have convinced me that each of us will realize the wisdom of Justice Marshall’s words – that is if we pause long enough to examine ourselves and the organizations to which we belong. Certainly, these words ring true when it comes to our beloved Baltimore County Bar Association.

When members of the BCBA intend to do good, we do. As we kick off the new Bar year, I challenge every BCBA member to consider a question once posed to me in a completely different but relevant context. “Who are you, and why are you here?”

What is the BCBA, and why is it here? Why are you involved? Why are you reading the Advocate this month? Importantly, who are we – individually and collectively – and why are we here, working together to improve the legal bar, thereby helping residents and businesses alike of Baltimore County? We need not look far for the answer. Our Vision Statement and Organizational Values provide needed context. They will, indeed, refine our focus, and make this year a meaningful one.

As September unfolds, let us get back to the basics and be intentional in all we do. Let us become who we say we are!

This month, in addition to sharing valuable information to improve your legal participation, we will focus on our organizational value of having fun. How? To begin, we will hold our Bar Year Kick-Off Party at Barley’s Backyard in Towson on Thursday, September 7th. Then, on Sunday, September 10th, don your favorite jersey and join us for our annual Ravens’ Tailgate. The fun will continue when you gather a team, register, and join us for another exciting Bar Wars on Tuesday, September 19th. Remember, bragging rights are on the line! We will round out the month with a Bar Foundation Judicial Portrait Fundraiser on September 28th. Please mark your calendar and plan to attend.

If you have not already done so, please review the BCBA Save the Date flyer that has been published in our weekly news blast and plug the full complement of BCBA events into your schedule. Let’s be intentional about the BCBA this year! We will become as good as we intend to be. Let’s go!

The Advocate 2 The President’s Message

2023-24 Officers

President Lisa Y. Settles

President-Elect Sondra M. Douglas

Secretary Richard Grason VI

Treasurer Robert K. Erdman, Jr.

Executive Council

Tyler J. Nowicki

Michelle Daugherty Siri

Alaina L. Storie

Mariela C. D’Alessio

Hon. Michael S. Barranco

Stuart A. Schadt

John G. Turnbull III

Immediate Past President

Valerie E. Taylor Young Lawyers Chair Rachel M. Ruocco, Executive Director

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.

September 2023 3
Jill Blum Graphic Designer Contributing Writers Leon W. Berg Matthew Breault Jon Cardin Tracy Fruman Orlove Ceecee Paizs Tommy Tompsett
The Advocate Jon Cardin Committee Chair Jennifer W. Ritter Committee Vice-Chair
BCBA Events The Maryland Association of Counties Conference .......... 7 BCBA Spotlight Member Spotlight Stuart Schadt 9 Jonathan Herbst ........................................................... 11 Our 2023 Charity - The American Cancer Society 13 Committee Reports Committee Contacts 18 Civil Law Committee ........................................................ 21 Family Law Committee 25 Court Notices & Calendars .................................................... 4 Lawyer Assistance Program 12 Technology Talk .................................................................... 17 The President’s Message 2 Inside This Edition
Cover
Photo by Element5 Digital
The Advocate Court Notices
District Court Schedule Wines Around the World Thursday, October 12, 2023 5:30 PM Full menu, wine and whiskey tasting, and one commemorative wine glass. 50/50 Raffle & GREAT Raffle Items This event is open to everyone! Country Club of Maryland 1101 Stevenson Lane, Towson, MD Register Now Proceeds benefit
September

September District Court State’s Attorney’s Schedule

September 2023 5 Court Notices
MONDAY TUESDAY WEDNESDAY THURSDAY Date: 5 Date: 6 Date: 7 TO2 TO3 TO4 TO5 EX1 EX3 MCCARTHY FULLER (PM ONLY) GALBRAITH CHRISTIE CLAY BROOKS CA2 CA7 EX1 EX2 EX3 PENDLETON FISH YORK (PM ONLY) BROCATO VINES CA2 CA5 CA7 EX1 EX2 EX3 CHRISTIE MCCARTHY CLAY BROOKS GALBRAITH BUCHANAN Date: 11 Date: 12 Date: 13 Date: 14 TO3 TO4 TO5 CHRISTIE VINES SNYDMAN TO2 TO3 TO4 TO5 EX1 EX3 CLAY FULLER (PM ONLY) FISH BROCATO BUCHANAN YORK CA2 CA7 EX1 EX2 EX3 GALBRAITH VINES CHRISTIE (PM ONLY) BROOKS MCCARTHY CA2 CA5 CA7 EX1 EX2 EX3 SNYDMAN CLAY YORK FISH BROCATO BUCHANAN Date: 18 Date: 19 Date: 20 Date: 21 TO3 TO4 TO5 BUCHANAN GALBRAITH BROOKS TO2 TO3 TO4 TO5 EX1 EX3 YORK PENDLETON (PM ONLY) SNYDMAN MCCARTHY VINES FISH CA2 CA7 EX1 EX2 EX3 BROCATO CHRISTIE BUCHANAN (PM ONLY) GALBRAITH CLAY CA2 CA5 CA7 EX1 EX2 EX3 YORK PENDLETON FISH MCCARTHY VINES BROOKS Date: 25 Date: 26 Date: 27 Date: 28 TO3 TO4 TO5 BROCATO YORK CHRISTIE TO2 TO3 TO4 TO5 EX1 EX3 BROOKS GALBRAITH (PM ONLY) SNYDMAN FISH PENDLETON CLAY CA2 CA7 EX1 EX2 EX3 VINES BUCHANAN CHRISTIE (PM ONLY) BROCATO MCCARTHY CA2 CA5 CA7 EX1 EX2 EX3 BROOKS YORK GALBRAITH SNYDMAN PENDLETON FISH
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.
HOLIDAY Calendar of Events

BCBA Events

Where the Rubber Meets the Road – The Maryland Association of Counties 2023 Summer Conference

In mid-August, the Maryland Association of Counties (MACo) hosted its annual summer conference in Ocean City, Maryland. Thousands of federal, state, and local elected officials, bureaucrats, lobbyists, and their respective entourages descended on the beach town like a flock of seagulls thrown a handful of Thrasher’s French Fries. The four-day MACo event, entitled Where the Rubber Meets the Road, focused on how county government delivers for Maryland’s communities.

From a law perspective, conference attendees were able to hear panel discussions that included the following:

• Accounting for Police Accountability: Lessons Learned So Far;

• Buckle Up: Turbulent Times for County Budgets;

• Cannabis Conundrum: Adult-Use Cannabis Through a Public Health Lens;

• The Robots Are Coming: AI Through the County Lens;

• Facing the Future: What Facial Recognition Means for Public Safety;

• Employment Issues and the Law;

• Combating the Opioid Epidemic with Data and Analytics; and

• Minding the Store: Combating Crime at the Retail Level.

During conference hours, attendees listened to expert panelists, learned best practices, and made invaluable connections with other stakeholders. The annual Taste of Maryland allowed each county to feature specialties of their jurisdiction to attract attendees and their guests to learn about their unique assets. The event is not all business, however, as more than two dozen receptions and political fundraisers were thrown (mostly after hours) during the four days, which allowed conference attendees to hop from spot to spot, grabbing free food, drinks, swag, and side conversations where the groundwork for future collaborations was laid.

As is customary, the Governor, along with many other elected officials, worked the nearly 1000-person crowd at the conference-culminating crab feast. This being his first year, Governor Moore made it only a few steps into the giant tent and then met with a welcoming crowd lined up to shake his hand. Four hours later, at the end of the feast, he had not moved an inch.

September 2023 7

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The Advocate 8 ross@rossalbers.com 15 E. Main St, Ste 102 Westminster, MD 21157 P E R S O NA L I N J U R Y C R I M I NA L FA M I LY L AW (443) 230-4643
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Member Spotlight: Stuart Schadt, Esq. – The Newest Executive Council At-Large Member

At the Stated Meeting on Jun 15, 2023, Stuart Schadt, Esq. was sworn in as the Baltimore County Bar Association’s newest Executive Council at-large member. He joins the rest of the EC on the ten-year path to the BCBA presidency. Stuart is a lifelong Baltimore County resident, who attended Loyola Blakefield High School and Loyola University. He didn’t go far for law school, just down the expressway to the University of Baltimore School of Law, where he graduated in 1993. Then it was back up to Baltimore County, where he clerked in the Circuit Court for the Honorable Robert E. Cahill, Sr. Stuart began his legal career as an associate with Nolan, Plumhoff & Williams in 1994. In the subsequent 30 years, Stuart concentrated his practice in general civil and criminal litigation. After four years with Nolan, Plumhoff & Williams, Stuart was hired as a senior associate at Hodes, Ulman, Pessin & Katz, where he remained until 2001, when he hung a shingle as a sole practitioner in downtown Towson. After ten years on his own, Stuart joined Mallon, LLC as of counsel, working alongside Joseph T. Mallon, Jr., Esq., a longtime friend. In May 2021, Stuart joined Turnbull Brockmeyer Law Group as senior litigation counsel. Stuart’s professional roots have grown deep in Baltimore County, and he estimates that 50% of his practice has been comprised of cases litigated in Baltimore County Circuit or District Courts. Stuart also volunteers his time on committees of both the Maryland State Bar Association and the BCBA. In fact, I’m not sure there is a position that Stuart has not held in the BCBA! Stuart is also a dedicated member of the community outside of the legal profession, serving on boards and committees, as well as coaching his children’s lacrosse and soccer teams throughout their childhood. Stuart is an

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.

Breast Cancer Support

If you have breast cancer, you may want to connect with someone who knows what you’re feeling – someone who has “been there.” The American Cancer Society Reach To Recovery® 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 e ects, finding ways to talk with friends and family, and more. The program is available in English and Spanish.

exceptional member of the BCBA community and is wellprepared to take on his newly minted role on the BCBA’s Executive Committee. Stuart lives in Baltimore with his wife, Delia, a worker’s compensation commissioner, and is the proud father of Isabella and Sam. Welcome, Stuart!

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.

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.

September 2023 9 BCBA Spotlight
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Ruocco rruocco@bcba.org or 410-337-9103
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Member Spotlight: Jonathan Herbst

Q: You have your own law firm. What are some of your practice areas?

A: Real estate law, business transactions and contracts, and general civil litigation.

Q: When did you know you wanted to become a lawyer?

A: When I was 16, I got one question wrong (allegedly) on the written portion of my driver’s license exam. I still remember the question, which asked what was the purpose of the left lane. The supposedly correct multiple choice answer was “for turning and passing” and I answered “for faster moving traffic.” I asked the Maryland state trooper why my choice was wrong. The reply I got was “the speed limit is 55, so everyone is moving the same speed, right?” I said, well it’s a speed limit, not a minimum speed, and it’s probably not safe for someone to be driving 45 in the left lane, right? The trooper looked at me and said “kid, you passed your test, get outta here.”

Q: You represent NFL athletes. How did you get involved in that?

A: About 10 years ago, I represented an NFL agent in an employment litigation matter after he left his former agency with a number of clients and started his own agency. The case eventually settled, and later he said “you’re an attorney and I’m not, why don’t you get licensed so you can help me with the contracts.” So, I went down to D.C., took the NFLPA agent class and exam, and next thing I know, I’m a certified NFL agent. I have been negotiating NFL contracts ever since.

Q: You ran for office a while back – Baltimore County Council. How did that impact your career?

A: It was a great experience for me, both personally and professionally. I didn’t end up winning a seat on the Baltimore County Council, but I did later win my election for the Baltimore County State Central Committee, and because of the relationships I made over the years, I was appointed to the Baltimore County Planning Board and later to the Liquor Board. The elected office and the appointments have made connections to, and given me a unique understanding about, Baltimore County residents. Furthermore, they have positively impacted my legal perspectives.

Q: What advice do you have for a young lawyer who is starting out?

A: Be active in your community, in the state or county Bar Association, etc. Volunteer. Go out and meet people. It is not easy to build your own law practice, but if you ever want to do that one day, you need to be out networking and building relationships. And even if you don’t want to be in private practice, it’s important to give back to your community.

Q: What do you do in your free time?

A: I take my young family to the beach where my kids love the sand and I can edit contracts while watching the beautiful sunsets over Rehoboth Bay. I stay connected to the community groups and political organizations of our area so that my voice can be heard when issues of personal importance arise. I travel overseas with my wife. I try to stay current with all the happenings of the Baltimore County Bar Association. And of course, I love to watch my Orioles and Ravens.

– Interview completed by Delegate Jon Cardin

September 2023 11 BCBA Spotlight

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

The Advocate 12

Our 2023 Charity Spotlight: The American Cancer Society (ACS): Working to End Cancer as We Know It for Everyone

The American Cancer Society (ACS) is the leading cancer-fighting organization with a vision of ending cancer as we know it for everyone. We are the only organization working to improve the lives of people with cancer and their families through advocacy, research, and patient support, to ensure everyone has an opportunity to prevent, detect, treat, and survive cancer. We touch 55 million lives a year, are active in more than 20,000 communities across the United States and have more than 1 million volunteers!

We are the largest non-profit funder of cancer research in the U.S. outside the Federal Government and have funded more than $5 billion in cancer research since 1946, leading to major breakthroughs in the treatment and prevention of cancer. This year alone, we are investing $430 million in cancer research funding.

Fifty of our American Cancer Society-funded researchers have gone on to win Nobel Prizes, including the most recent in 2022 for her work on click chemistry, Carolyn Bertozzi, Ph.D. “Click chemistry enables technology that can be used in the design of precision cancer therapeutics. It is on this basis that the American Cancer Society was proud to support Dr. Bertozzi’s pioneering research through multiple, independent cancer research grants,” said Karen Knudsen, MBA, PhD, CEO of the American Cancer Society.

The American Cancer Society provides the support and guidance people impacted by cancer need at every step – from increasing access to screening at the local, state, and federal levels, and advocating for more affordable health care to guide patients and caregivers through our free 24/7 helpline (800-227-2345), and helping them get the treatment they need by offering free transportation and lodging. In addition, we fund and conduct research so people in every community have the opportunity to prevent, detect, treat and survive cancer.

How donations help fight cancer

The American Cancer Society is committed to our obligation to spend donor dollars wisely. Here’s a glimpse at how your donations helped impact millions of lives. Overall, in 2023, 80% of American Cancer Society resources were invested in patient support, discovery, and advocacy. The other 20% of resources were used to fund our management and general expenses, and fundraising expenses. Unfortunately, there will be 1.9 million new

cancer diagnoses in the U.S. this year and more than 600,000 new deaths.

Our programs include:

• Our 24/7 National Cancer Information Center line 1-800-227-2345 is staffed by trained cancer resources specialists who have answered more than 25 million calls since it was created in 1997.

• 31 free Hope Lodge communities across the U.S. and in Puerto Rico provide a home-awayfrom home at no cost for cancer patients who have to travel long distance to get the best possible treatment for their cancer. These communities provide comfortable guest suites with private baths as well as inviting spaces with all the comforts of home, including a communal kitchen, dining area, laundry rooms, and places to gather or find a quiet respite. Hope Lodge communities saved cancer patients more than $43 million in lodging costs in 2022. For more information, www.cancer.org/ HopeLodge

• The Road to Recovery program provides free transportation to and from treatment for cancer patients who do not have a ride or are unable to drive themselves. Call 800-227-2345 to find out what is available in your area. To volunteer to become a driver, see cancer.org/drive or email jen.burdette@ cancer.org.

• Reach to Recovery for breast cancer patient support: Through our website and mobile app, breast cancer patients can create an online profile and match with a volunteer who has experienced a similar type of breast cancer, stage, and treatment. You can choose how you want to connect– through online chat, a phone call, or exchanging messages. To join Reach To Recovery and create a profile, visit reach.cancer.org or download the mobile “Reach To Recovery” app.

• Through our nonprofit, nonpartisan advocacy affiliate, the American Cancer Society Cancer Action Network SM (ACS CAN), we fight at all levels of government to demand change from our elected officials to build healthier communities, create safer workplaces, and provide greater, more equitable access to quality medical care.

September 2023 13 BCBA Spotlight

Get Back on Track with the Vision You Once Had for Your Business

Now is the time to regain perspective and become strategic to make your vision a reality.

Become the CEO of your firm, your career and your life. Now is the time to face reality, identify exactly where you want to take your practice and map out a course of action to make it happen.

Our Small Business Advisory is a coaching and accountability program delivered quarterly in which we provide the structure and tools necessary for you take a step back and see the “big picture.”

Growth Solutions Team’s Small Business Advisory Program provides you:

Structure to map out your vision, goals and a plan to achieve them

Content designed to further your knowledge and apply it immediately in your role as the leader in your organization

Interact with colleagues to share ideas and gain insight from their experiences

Real world, “Boots on the Ground” help from our Team to get your practice where you want to go

Private, individual coaching sessions to hold you accountable

Direction on how to leverage your resources

Strategies to seize opportunities and reach your potential

Accountability is your KEY to success!

Growth Solutions Team offers a wide variety of coaching solutions and tools for your practice to establish goals and help you meet them. Contact us today to determine the right solution for your practice. Because your practice is a BIG deal.

The Advocate 14
Phone: 443-501-2201 | Email: office@GSTeammail.com | GrowthSolutionsTeam.com

UPCOMING AMERICAN CANCER SOCIETY EVENTS:

Sunday, October 1, 2 – 6 p.m.: The American Cancer Society Taste For Life – a premier wine and food tasting event at The Center Club in Baltimore with live music, dancing, silent auction and more. For tickets, www.tasteforlife.org.

Sunday, October 22, 8 a.m.: Making Strides Against Breast Cancer of Baltimore, Camden Yards Sports Complex, Lot C. To register, www.makingstrideswalk.org/baltimoremd

Thursday, November 9, 6 – 9 p.m.: Evening of Hope at the Baltimore Museum of Industry to support

the future, reimagined Hope Lodge Baltimore that will offer 30% more lodging to cancer patients who need to travel to Baltimore for state-of-the-art cancer treatment. Hope Lodge is a free home-away-from home. For tickets, eveninghopemd23.givesmart.com

GET SCREENED!

September is Prostate Cancer Awareness Month. October is Breast Cancer Awareness Month. Stay up to date on your cancer screenings. Screening increases the chances of finding certain cancers early when they might be easier to treat. Learn more about early detection at www.cancer.org/GetScreened !

September 2023 15 BCBA Spotlight
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a l t i m o r e c o u n t y B a r A s s o c i a t i o n

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

Meet with -

BCBA Leaders-Committee Chairs & Executive Council!

Legal Service Organizations and Learn How to Give Back!

T h i s y e a r ' s D e s i g n a t e d C h a r i t y - A m e r i c a n C a n c e r S o c i e t y

F r e e f o o d a n d d r i n k s a n d d o o r p r i z e s

sept e m b er 7

5:30pm - 7 : 30PM

L e g a l S e r v i c e

O r g a n i z a t i o n s :

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4 0 8 Y o r k R d . , T o w s o n

F r e e F o o d a n d D r i n k

R a f f l e s a n d p r i z e s

M a r y l a n d

V o l u n t e e r l a w y e r

S e r v i c e

T u r n a r o u n d

P r o B o n o

R e s o u r c e C e n t e r

S p o n s o r e d B y

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The Advocate 16

The Community College of Baltimore County’s Criminal Justice Studies and Legal Studies departments are hosting its semiannual Career & Internship Fair on Tuesday, October 3rd from 9:30am-12:00pm on the CCBC Essex Campus, 7201 Rossville Blvd.

CCBC is looking for interested employers to attend – the Fair is FREE to employers, students, alumni, and the public.

Interested in participating? Use the MS Forms link or QR code below to register. Questions? Contact Donna Mandl at dmandl@ccbcmd.edu

Deadline to register is September 25.

CJ-Legal Career Fair Registration Link

Artificial Intelligence (AI) has become an issue both controversial and fascinating in our daily lives. While we expect the legal and cultural implications of advanced AI to continue to surface for debate, navigation, and analysis, its impact can be felt in all aspects of our lives. Driverless cars, research by college students, and just last week an AI-controlled aircraft drone that out-maneuvered human pilots in an air obstacle course race for the first time, means we are in for a new 21st century cultural phenomenon.

Meanwhile, our Executive Director plugged into ChatGPT “Being a Lawyer in Baltimore County” and this is what came back. Enjoy:

In Baltimore’s embrace, where tales unfold, A lawyer’s path, both brave and bold. In County’s heart, where justice finds its way, I stand with purpose, come what may. Through streets of history, I navigate, The labyrinthine laws, I illuminate. From Towson’s heights to Dundalk’s shore, I champion rights, forevermore. With gavel’s weight and eloquence’s grace, I plead the case, in court’s embrace. In chambers hushed, where verdicts lie, I strive for truth, reaching for the sky.

From Catonsville to White Marsh’s light, I battle for fairness, day and night. I n Essex’s resilience, I find my might, A lawyer’s duty, shining bright. Each client’s story, a chapter unique, In Baltimore’s tapestry, they speak. I strive for justice, unwavering and true, In Baltimore County, my purpose grew. So let the scales of justice sway, In Baltimore’s realm, I’ll always stay. A lawyer’s journey, woven in this town, In Baltimore County, where honor’s crown.

September 2023 17 Technology Talk
– Chat GPT
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.

BCBA 2023-2024 Committee Contacts

Committee & EC Liaison Chairperson Vice-Chair

ADR

Tyler J. Nowicki tnowicki@jwnlaw.com

Advocate

Alaina L. Storie alaina@storiefamilylaw.com

Bench/Bar

Lisa Y. Settles Lisa.settles@jacksonlewis.com

Constitution/ByLaws

Judge Michael S. Barranco Michael.barranco@mdcourts.gov

CLE Michelle Daugherty Siri msiri@wlcmd.org

Criminal Law

Judge Michael S. Barranco Michael.barranco@mdcourts.gov

Diversity & Inclusion

Michelle Daugherty Siri msiri@wlcmd.org

Entertainment

Robert K. Erdman, Jr. rob@towsonfamilylaw.com

Estates & Trusts

Richard Grason VI rgrason@gmail.com

Family Law

Mariela C. D’Alessio mariela@dalessio-law.com

Fee Arbitration

Mariela C. D’Alessio mariela@dalessio-law.com

Historical

Mariela C. D’Alessio mariela@dalessio-law.com

Judicial Selections

Stuart A. Schadt stuart@tblawmaryland.com

Law Day

Michelle Daugherty Siri msiri@wlcmd.org

Lawyer Assistance

Robert K. Erdman, Jr. rob@towsonfamilylaw.com

Alison Kohler 410-308-1600 akohler@medicalneg.com

Jon Cardin 410-727-3868 jscardin@gmail.com

Aidan Smith 410-938-8800 asmith@pklaw.com

Judge Michael Barranco (410) 887-2500 michael.barranco@mdcourts.gov

Michael Jacko 410-324-8902 michael.jacko@maryland.gov

Zarena Sita 410-887-6610 zsita@baltimorecountymd.gov

Syeeta Hampton-EL 443-762-5227 sahesq@gmail.com

Elana Taub 410-415-2013 Elana.taub@jacksonlewis.com

Cheryl Jones 410-769-6141 cjones@cjoneslegal.com

Martha White 410-842-1070 martha@wassermanlawoffice.com

Bradford Carney 410-823-1800 bcarney@rmmr.com

Marc DeSimone 410-767-8515 Marc.desimone@maryland.gov

Laurie Wasserman 410-842-1070

laurie@wassermanlawoffice.com

Bambi Glenn 410-804-5779

bglenn@baltimorecountymd.gov

Jay D. Miller 410-649-2000 jmiller@lawpga.com

Jennifer Ritter 410-336-3345 jwarfield42@yahoo.com

Kerri Cohen 410-657-2515 kerri@cohenlegalteam.com

Sandy Steeves 410-847-7529 sandy@steeveslawmd.com

Judge Susan Zellweger 410-521-2121 sue.zellweger@verizon.net

Ogreta Johnson 410-202-2880 objohnsonlaw@gmail.com

Noelle Newman 443-275-0647 nnewman@pklaw.com

Martha White 410-842-1070 martha@wassermanlawoffice.com

Meisha Grimes 410-234-2000 meisha@mcguiregrimeslaw.com

Craig Borchers (410) 296-3630 craigb@towsonfamilylaw.com

Ari Kodeck 410-576-6300 goodsculler@gmail.com

Hossein Parvizian 410-821-7070 hossein.parvizian@gmail.com

Snehal Massey 443-924-6116 smassey@spmlawoffice.com

Beatrice Thomas (336) 541-0188

beat.campbell@gmail.com

Jay D. Miller 410-649-2000 jmiller@lawpga.com

The Advocate 18

Lawyer Referral & Info Service

Stuart A. Schadt stuart@tblawmaryland.com

Legal Support Professionals

Tyler J. Nowicki tnowicki@jwnlaw.com

Long-Range Planning

Alaina L. Storie alaina@storiefamilylaw.com

Membership & Admissions

Richard Grason VI rgrason@gmail.com

Memorial & Recognition

Alaina L. Storie alaina@storiefamilylaw.com

Negligence, Ins & WC Sondra M. Douglas sdouglas@steinsperling.com

Pro Bono

Richard Grason VI rgrason@gmail.com

Professionalism

Robert K. Erdman, Jr. rob@towsonfamilylaw.com

Public Awareness & Spkrs. Sondra M. Douglas sdouglas@steinsperling.com

Real Property/ State, Local Laws & Zoning

Tyler J. Nowicki tnowicki@jwnlaw.com

Solo & Small Firm

Judge Michael S. Barranco Michael.barranco@mdcourts.gov

Technology

Stuart A. Schadt stuart@tblawmaryland.com

Young Lawyers

Lisa Y. Settles Lisa.settles@jacksonlewis.com

Todd DeStwolinski 410-565-4796 todd@oldlinelaw.com

Anamari Anderson 786-417-8214

Anamari.anderson21@gmail.com

Craig Borchers craigb@towsonfamilylaw.com (410) 296-3630

Samantha Boylan 410-339-4100 sboylan@tnsfamilylaw.com

Christine Malanga 410-296-2305 christinemalanga@verizon.net

John Leppler 973-900-1047

jleppler@lepplerinjurylaw.com

Chelsea Ortega 443-921-8161 x406 cortega@svolaw.com

Debra Cruz (410) 321-4642 dcruz@levingann.com

Sandy Steeves 410-847-7529 sandy@steeveslawmd.com

Adam Rosenblatt 410-494-6271

amrosenblatt@venable.com

Kristine Howanski 410-296-3630

kristine@towsonfamilylaw.com

Ralph Sapia 410-828-8900

ralph@sapialaw.com

Valerie Taylor 410-938-8800

vtaylor@pklaw.com

David Nowak 443-470-9071 davidnowak@davidnowaklaw.com

Lisa Wild-Katz 410-321-0400 lisa@levlawmd.com

Craig Borchers (410) 296-3630 craigb@towsonfamilylaw.com

Valerie Taylor 410.339.6771 vtaylor@pklaw.com

Annamaria Santini 410-908-7148 santinia@outlook.com

Daniel Stringer 443-869-3920

dstringer@salsburysullivanlaw.com

Melissa Chiasera 410-837-9379

mchiasera@probonomd.org

Syeetah Hampton-EL 443-762-5227 sahesq@gmail.com

Judge Karen Pilarski 410-512-2000

karen.pilarski@mdcourts.gov

Rena Neuman 410-321-0600

rneuman@levingann.com

Angela Nwadiogbu 516-816-1816

angela4law@aol.com

Laura VillaSanta 410-828-8900

laura@sapialaw.com

Breah Gray 240-405-5677

Bgray2015@gmail.com

September 2023 19 BCBA 2023-2024 Committee Contacts
Stated Meetings - 4:30 p.m., Ceremonial Courtroom #5 June 15, 2023 | October 19, 2023 | February 15, 2024 | June 20, 2024
Committee & EC Liaison Chairperson Vice-Chair

“Judge Platt has done a masterful job in combining … selected lore, history, and perception into a fine read.” —Ron Bergman

“The judicial history in this book reveals a judge who did not just preside over cases but devoted his time and expertise to improving the judicial system …” —Robert Bonsib

“Judge Platt’s chronicle leads the reader to conclude that he is truly the ‘Forrest Gump’ of the Free State.” —Bruce L. Marcus

From campaigning for RFK’s presidential candidacy to representing a drug kingpin dubbed the “Vice President in Charge of Personnel” to mediating a claim by a “masseuse” accusing her “employer” of not paying her for “extra” services, Lessons Lived and Learned: My Life On and Off the Bench is chock full of history, humor, and behind-the-scenes politics.

Written by Steven I. Platt, a renowned retired judge of the PG County Circuit Court and a self-proclaimed political junkie, the book provides an inside look at what it takes to become a judge and how Platt used his position to make the court system work for everyone.

The Advocate 20
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Committee Reports

Civil Law Committee: June, July, and August 2023

A review of the Amicus Curiarum for June, July, and August 2023 revealed the following civil cases of interest:

IN THE SUPREME COURT OF MARYLAND:

Attorney Grievance Commission of Maryland v. William Francis Trezvant, AG no. 12, September Term 2022, filed July 7, 2023. Opinion by Booth, Brynja M., Justice Mr. Trezvant, an attorney, began to represent C.A. in an ongoing Child in Need of Assistance case in Maryland. Based on his discussions with the court-appointed attorney for C.A., to whom Mr. Trezvant did not disclose that he was not licensed to practice law in the State of Maryland nor that he was related to C.A., that attorney struck her appearance and sent her case file to Mr. Trezvant. Mr. Trezvant appeared on behalf of C.A., his grandniece, at a remote permanency planning review hearing related to C.A.’s child. He again failed to disclose that he was not licensed to practice law in the State of Maryland. He subsequently stated to the trial court at a hearing on his representation of C.A. that

he was not licensed in the State of Maryland and then made false statements related to his belief as to whether he had orally entered his appearance in the matter at the prior hearing The evidence was clear that Mr. Trezvant had not filed his appearance pro hac vice. The hearing

September 2023 21
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Committee Reports

judge concluded that Mr. Trezvant committed all of the violations alleged by the Commission. Mr. Trezvant did not respond to the Petition filed by the Commission and did not appear at the evidentiary hearing.

The Supreme Court of Florida accepted as established the hearing judge’s findings of fact and agreed with the hearing judge’s conclusions of law. In light of the Court’s approach to dishonest-conduct cases that feature knowing misrepresentations but not theft, fraud, harm to a client or third party, or the intentional misappropriation of funds, the Court held that an indefinite suspension with the right to petition for reinstatement in 90 days was the appropriate sanction.

IN THE APPELLATE COURT OF MARYLAND:

Thomas Zadnik v. Richard F. Ambinder, M.D. et al., No 803, September Term 2022, Filed May 23, 2023. Opinion by Beachley, Donald, Judge

The issue in this case was whether Mr. Zadnik, as husband of the deceased, had standing to bring a wrongful death action against Dr. Ambinder for actions that may have caused the alleged spouse’s death. The trial court dismissed the case for lack of standing, ruling that Mr. Zadnik’s testimony was not sufficient to prove a common law marriage in Pennsylvania without evidence that he and the deceased had a reputation in the community of being married.

The Appellate Court of Maryland reversed, describing the two modalities for proving a common law marriage in Pennsylvania: 1) when direct evidence of words exchanged with the present intent of forming a marriage is available; or 2) when such evidence is not available, a party may establish a rebuttable presumption of marriage through evidence of cohabitation and a general reputation in the community of being married. Because Mr. Zadnik had provided testimony of words exchanged at the time with the present intent of forming a marriage, he did not need to present evidence of cohabitation and a general reputation in the community of being married, and doing so would only be to bolster or diminish credibility. Therefore, the Appellate Court found that the trial court had erred in granting summary judgment.

Harold A. Logan, Trustee under the Harold A. Logan Trust Agreement Dated April 30, 2007 v. Wesley J. Dietz, et al., No. 1761, September Term 2021, filed August 2, 2023. Opinion by Getty, Joseph E., Judge (retired)

At the time of the formation of Captains Quarters Townhouses (1978) in Ocean City, Maryland, the developer subjected the 8-unit development to a Declaration with certain covenants. The covenants included (1) a prohibition against altering the exterior of a unit without consent from the owners of the seven remaining units, (2) covenants for the common elements such as a shared roof and parking pad, and (3) covenants to contribute pro rata for the maintenance of the common use elements. In the summer of 2020, one unit owner, Mr. Dietz, renovated the exterior of his townhouse, and another owner, Mr. Logan, sued in circuit court to enforce the 1978 prohibition against the renovation without the consent of the other unit owners. Mr. Dietz responded that the covenants had been abandoned and were no longer enforceable. He then joined with four other unit owners to amend the 1978 Declaration, citing the Maryland Homeowners Association Act allowing a homeowner’s association to amend a governing document by a 60% vote of the development. Logan disputed the validity of the 2021 [amended] Declaration in court, contending that the HOA Act did not apply because there was no homeowners association. Dietz countered, stating that the development satisfied the statutory definition of a homeowners association and that the fees charged for the maintenance of the common areas were a “mandatory fee” within the statute’s meaning. The trial court agreed with Dietz and granted summary judgment, dismissing Logan’s suit.

The Appellate Court vacated and remanded, finding that the HOA Act did not apply to Captains Quarters, finding that the use of the word “person” in the Act, which Dietz relied on in his argument, did not mean a homeowner in an individual capacity and as such cannot be a “homeowners association” under the Act. Finding that there was no qualifying “declaration” in the development’s establishing an HOA and that the maintenance fees were not “mandatory fees” as contemplated in the Act, the Appellate Court held that the 2021 Declaration was invalid, and the 1978 Declaration continues to govern the dispute.

September 2023 23
Don’t forget to update your information on our website! Click here to access or go to www.bcba.org

Annual Family Law Committee

M E E T & G R E E T

Family Law Judges & Magistrates

Come Join us for a wonderful dinner to network with Baltimore County's Family law legal

Location: Eagles Nest Country Club 12801 Stone Hill Rd, Phoenix, MD 21131

September 12, 2023 5:30p.m.-7:30p.m.

The Advocate 24

Family Law Committee: New Family Law Magistrate

On July 27, 2023, Hossein “Hoss” Reza Parvizian was sworn in as Family Law Magistrate for Baltimore County. Magistrate Parvizian took the oath beside his wife, April, step-daughter, Lydia, sister Leila, and his mother, Inger, who joined from Louisiana over Zoom. The ceremony was attended by several members of the Baltimore County Bench, many of his fellow Magistrates, as well as numerous friends, neighbors, and former colleagues.

Magistrate Parvizian was born in Baltimore County, but his family moved to Texas when he was eleven years old. He played football under the Friday Night Lights in High School but moved North for college, and attended the University of Oklahoma. He remained a “Sooner” for law school, where he served as 3L Class President and as a member of the American Indian Law Review. During law school, Magistrate Parvizian clerked for The Law Office of Stephen Jones and Associates and was part of the legal team that handled Timothy McVeigh’s death row appeal.

After graduation in 1996, Magistrate Parvizian’s first job was for the Oklahoma Indigent Defense System. Soon, he moved back to Maryland, accepting a post with the Maryland Office of the Public Defender. During his 22 years working as a Public Defender, Magistrate Parvizian worked in the Juvenile Division, Collateral Review, then settled into the Baltimore County Felony Division. In 2018, Magistrate Parvizian accepted a position at the Maryland Office of the Attorney General, specially assigned to the Baltimore County Office of Child Support. For the last several years, Magistrate Parvizian has taught a course in Family Law at Towson University.

Magistrate Parvizian has spent nearly his entire career serving the citizens of Maryland, a calling that will continue as a Family Law Magistrate.

Magistrate Parvizian is an active and contributing member of his community. He is a Youth Group Leader at his Church, Epiphany Lutheran Church, and a board member of “Loaves and Fishes,” a 501(c) organization dedicated to addressing food insecurity in his community. He is also on the Board of Directors for “Just Off Broadway,” a local theatre company. The new Magistrate is also a proud member of the Baltimore County Bar Association, where he is a member of the Inclusion and Diversity Committee and Vice Chair of the Historical Committee.

Magistrate Parvizian is a sports fanatic, so when he is not on the Bench or in chambers, look for him at Oriole Park at Camden Yards, his self-proclaimed “favorite place in the world.” During the Fall, the Magistrate never misses an Oklahoma Sooners football game, and over the years, he and April have traveled all over the country to attend games.

After swearing his oath, the newly minted Magistrate addressed the crowd, quoting his late father, who moved his family to the United States from Iran in the 1960s: “My father told me that ‘in this country, my name was going to look different from most people, and so I would have to work a little harder. But for those who are willing to put in the work, no accomplishment is beyond your reach.’ Today is the day the American Dream has come true for me.”

September 2023 25 Committee Reports
The Advocate 26 Manage everything from intake to invoice—all from one easy-to-use software. New Member Benefit! Baltimore County Bar Members get 10% off. Claim your exclusive discount at c clio.com/bcba

Family Law Committee:

Have F.L. Article §§8-201(e)(2) and 8-205(b)(9) Been Neutralized?

When fashioning a monetary award related to marital property, a court is required to consider eleven enumerated factors found in Md. Family Law Article § 8-205(b). The extent to which a court should give special consideration to a spouse’s contribution of non-marital funds to acquire tenants by the entirety (hereinafter “TBE”) property, however, is open to debate. Counsel representing the spouse who did not contribute non-marital property will argue that according to Gordon v. Gordon, 174 Md. App. 583, 923 A.2d 149 (2007), the factor described in FL §8-205(b)(9), which requires a court to consider the contribution to the purchase of the property with funds where the source of the contribution is excluded from the definition of marital property by FL § 8-201(e)(3), is merely one of eleven factors, with that factor not warranting any special consideration. Gordon, however, failed to address the legislative purpose of the 1994 legislation1 that added §8-201(e)(2), which defined “marital property”2 and §8-205(b)(9)3, which lists as one of the factors to be considered in making an award the source of the funds used to purchase TBE property. The purpose of these amendments was described in Fuge v. Fuge, 146 Md. App. 142, 806 A.2d 716 (2002); they were intended to protect the interest of the party contributing non-marital funds towards the acquisition of TBE property. Although case

1 1994 Md. Laws 462, 1994 Md. Chap. 462, 1994 Md. SB 41

law makes it clear that §8-201(e)(2) ended the application of the “footnote 9”4 methodology in Grant v. Zich, 300 Md. 256, 477 A.2d 1163 (1984), to TBE property as part of a Step 1 analysis, the contributor of non-marital funds may still be protected in Step 3 of the three-step analysis. 5 The weight a trial court gives to that critical §8-205(b) (9) factor in Step 3, however, will determine if the 1994 amendments served their original purpose. This article suggests that the trial court should give special, if not determinative, consideration to a spouse’s contribution of non-marital funds towards the purchase of TBE property given the legislative purpose and intent behind §8-201(e) (2) and §8-205(b)(9).

As noted in Fuge, the 1994 amendments were passed following the decision in Choate v. Choate, 97 Md. App. 347, 629 A.2d 1304 (1993), in order to avoid repeating the outcome in Choate. In Fuge, Wife’s father provided all the funds to acquire the Woodbine property, which was titled TBE. Subsequently, that property was sold, the proceeds were placed in Wife’s sole name, and then used to purchase another property, Kerry Rd., titled in Wife’s sole name. The question addressed by the appellate court was whether, at the time of divorce, the proceeds from Woodbine used to purchase the Kerry Rd. property remained “marital” under §8-201(e)(2), as

2 “Marital property” includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement. FL § 8-201(e)(2).

3 “The contribution by either party of property described in §8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety.” FL § 8-205(b)(9).

4 Footnote 9 methodology states in part:

“…Property is nonmarital in the ratio that the nonmarital investment bears to the total nonmarital and marital investment in the property. To the extent that property is nonmarital, its value is not subject to equitable distribution. Property is marital in the ratio that the marital investment bears to the total nonmarital and marital investment in the property. To the extent that the property is marital, its value is subject to equitable distribution.” Grant, 300 Md. at 273.

The effect of the 1994 amendment on TBE property was to prevent the application of that fn. 9 ratio, which was used to exclude a portion of the TBE property from being considered marital, and not subject to equitable distribution. However, by excluding a portion of the equity from consideration, the “pool” of funds available for a monetary award was also diminished, or even eliminated.

5 See Karmand v. Karmand, 145 Md. App. 317, 802 A. 2d 1106 (2002): Thus, the source of funds theory does not apply to an interest in real property held by the parties as tenants by the entireties. Accordingly, the fact that the appellant used non-marital funds in the purchase of the parties’ Potomac house could not mean that a portion of that property was non-marital. The only positive impact for the appellant that the evidence concerning the application of the proceeds of [a non-marital property] to the purchase of the Potomac house could have produced was in respect to the third step of the three-step process we outlined above. Under FL section 8-205, one of the factors to be considered by the trial court in deciding whether to grant a monetary award is the contribution by either party of non-marital property, as described in FL section 8-201(e)(3), to the acquisition of real property held by the parties as tenants by the entireties. Thus, Judge Sundt could have factored the appellant’s contribution into her decision about a monetary award. ***Yet, the appellant did not ask Judge Sundt to grant him a monetary award. Id. at 341-342

September 2023 27 Committee Reports

Committee Reports

Husband contended, or were those funds entirely nonmarital because they were no longer titled TBE, and directly traceable to the gift from Wife’s father. Otherwise put, did the §8-201(e)(2) amendment apply only to TBE property existing at the time of divorce, or did it also apply to TBE property that existed at any time during the marriage even if sold before the divorce? The trial court determined that the amendment only applied to TBE property existing at the time of divorce.

The appellate court determined that the §8-201(e)(2) amendment was ambiguous on this issue and that the ambiguity was not resolved by a plain reading of the amendment. Fuge, 146 Md. App. at 161-162. The Fuge opinion discussed the decision in Choate in addressing the reasoning behind the 1994 amendment. In Choate, Wife owned a residence fully acquired prior to her marriage to Husband. Once married, she titled the residence as TBE. Husband made no contribution towards its acquisition, and no marital property existed as of the time of divorce. At the divorce, Husband claimed entitlement to half the residence’s equity, it being titled TBE. Wife countered by requesting a monetary award to offset Husband’s equity.

The trial court ruled that Wife should receive the entire value of her non-marital property. On appeal, the trial court was reversed. The Marital Property Act specifically requires that a monetary award be derived from extant marital property. Since the Choates had no marital property, no pool of marital funds existed from which the trial court could fashion a monetary award.

As noted in the Fuge opinion: “It was in large part in reaction to the perceived inequities that surfaced in Choate and other cases that the legislature amended FL section 8-201(e) to add a provision characterizing ‘any interest in real property held by the parties as tenants by the entirety’ as marital property.” Id. at 164. The opinion quoted from the report of the legislative Subcommittee on Marital Property Distribution, which recommended the amendment:

[T]he effect of this amendment would be to allow the entire property in the example to be classified as marital property. … The benefit of such a classification is that the total value of the property can now be used by the court to make a monetary award if it finds that such an award is warranted. Id. at 168 (Emphasis added).

The Advocate 28

Stressing the importance of the legislative purpose to preserve the interest of the spouse contributing the non-marital property, the Appeals Court of Maryland determined that §8-201(e)(2) applied to TBE property held at any time during the marriage, even if not held in that manner at the time of divorce. Id. at 171.6

In Gordon, it was undisputed that Wife contributed $30,000 from her non-marital 401K towards the purchase of a $295,188 residence which the parties titled as TBE. At the divorce, Wife requested reimbursement of the $30,000. The relevant portion of the trial court’s ruling is stated below:

And I do find -- I do find, in dealing with the Thirty Thousand dollars that I think it is undisputed, and I certainly find it to be the case, that Mrs. Gordon contributed to the purchase of the 6424 Empty Song Way from her premarital funds; that that should be recognized and she should

be given a credit for that. And as discussed in the arguments with counsel, you can factor it in a couple of different ways. And whether it’s through a marital award or through just recognizing it as pre-marital money, I think she should get the credit off of that when the house is sold Gordon, 174 Md. App. at 619-620 (Emphasis in original).7

The Appellate Court of Maryland vacated and remanded the monetary award, which had effectively reimbursed Wife’s non-marital contribution, to give the trial court the “…opportunity to articulate the pertinent considerations, if any, that support a monetary award to appellee.” The Appellate Court noted:

… F.L. § 8-205(b)(9) permits a court, in its discretion, to recognize a nonmarital contribution used to acquire the real property. While F.L. § 8-205(b)(9) could, standing alone, support a monetary award under appropriate circumstances, it is just one of eleven

6 Ironically, in Fuge, the appellate court also determined that the 1994 amendment did not apply retroactively because the Woodbine property had been sold eight years before the October 1, 1994 effective date of the amendment. Having found that the amendment did not apply to the Woodbine property, the trial court’s decision was affirmed and Wife’s non-marital interest was, in any event, preserved.

7 The quoted opinion noted other §8-205(b) factors not included in the quoted portion.

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statutory factors that must be considered by the court before making a monetary award Id. at 630-631. (Emphasis added).

Though the Appellate Court acknowledged that the trial court “mentioned a few statutory factors in its ruling,” it found the trial court’s observations to be “essentially neutral, and do not appear to have been the basis for its monetary award to appellee of $30,000. Moreover, the court did not appear to assess whether there was any inequity in regard to the way in which marital property was either titled or distributed to appellee.” Id. at 631. The Appellate Court held:

… [T]o the extent that the court, in its discretion, determined to make a monetary award to appellee that included reimbursement of the $30,000, we cannot sustain the award, because it is not clear that the court considered all of the statutory factors, as it was required to do. Nor can we ascertain from the court’s ruling the basis for its award. Id. at 629-630. (Emphasis added).

conceivably be a circumstance that would allow for a “reimbursement” of a non-marital contribution toward the purchase of the residence, it would have to make clear that it had considered all the other §8-205(b) factors.8 The Appellate Court noted that “the court’s observations [as to the other statutory factors] were essentially neutral, and do not appear to have been the basis for its monetary award to appellee of $30,000.” Rather, the Appellate Court stated that Wife relied only on F.L. 8-205(b)(9). Gordon, at 630. The Appellate Court apparently did not agree with the trial court’s decision to rely on Wife’s non-marital contribution to the purchase of the home as a determinative factor, or give that factor considerable weight, even as all other §8-205(b) factors had a neutral impact.

While the Gordon opinion offers a lengthy discussion of the underlying purpose of the Marital Property Act, and the goal of achieving equitable results through its application, the opinion never mentions, let alone discusses, the legislative history and intention behind

While the Appellate Court noted that there could 8 The Appellate Court also stated: “[T]he trial court need not ‘go through a detailed check list of the statutory factors, specifically referring to each’….” Doser [v. Doser, 106 Md. App. 329, 351 (1995)] (citation omitted). (Emphasis added). Gordon, 174 Md. App. 583, 624. What’s a judge to do?

The Advocate 30

the amendments to §8-201(e)(2) and §8-205(b)(9), which would seem central to the issue on appeal. The legislative intention behind the 1994 amendments, as thoroughly examined in Fuge, would fully support the trial court’s apparent judgment in Gordon, that special consideration be given to the Wife’s contribution of non-marital funds towards the acquisition of the TBE property. Giving extra weight to a particular §8-205 (b) factor is not without precedent. In Alston v. Alston, 331 Md. 496, 629 A.2d 70 (1993), which predated the 1994 amendments, the Supreme Court of Maryland reversed the trial court’s decision to equally divide Husband’s lottery winnings, though Husband acquired the winning ticket long after the parties had separated, but prior to the divorce, and without any involvement on Wife’s part in acquiring the ticket. The Supreme Court of Maryland offered the following:

The statutory factors listed in § 8-205(b) are not prioritized in any way, nor has the General Assembly mandated any particular weighing or balancing of the factors. The application and weighing of the factors is left to the discretion of the trial court. Nevertheless, in light of the history and purpose of the statute, the eighth factor,

relating to “how and when specific marital property” was acquired and the contribution that each party made toward its acquisition, should be given considerable weight. The circuit court and the Court of Special Appeals indicated that the eighth factor should not be given any more weight than any other factor in this case. Under the particular circumstances here, however, such approach was not consistent with the statute Id. 507 (Emphasis added).

The Supreme Court of Maryland, in Alston, determined that the failure to give “considerable weight” to §8205(b)(8) was inconsistent with the Marital Property Act. It would seem that a failure to protect the interests of a spouse contributing non-marital funds towards the acquisition of TBE property would be inconsistent with the 1994 amendments. Trial courts, in their evaluation of the §8-205(b) factors, have very broad discretion in determining a monetary award. However, the reasoning of the Supreme Court of Maryland in Alston, supports the position that a trial court should give §8-205(b)(9) considerable weight, more so than any other factor in order to be consistent with the legislative purpose behind the 1994 amendments. The failure to do so neutralizes the intent of the legislature.

September 2023 31 Committee Reports
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BALTIMORE COUNTY BAR FOUNDATION JUDICIAL
No registration fee Donations strongly encouraged –bring your checkbook! SEPTEMBER SEPTEMBER SEPTEMBER 5PM 5PM 5PM

BCBA DIVERSITY AND INCLUSION COMMITTEE & MSBA DEIA COMMITTEE PRESENT: AFFIRMATIVE ACTIONPAST, PRESENT

& FUTURE.

October 4th

5:30 p.m. - 7:00 p.m.

University

1401 N Charles St, Baltimore, MD 21201

Registration Required Deadline -

September 27th, 3:00 p.m.

REGISTER HERE

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

Parking information:

Please park in the Fitzgerald Parking Garage. The garage is a short three block walk to the John and Frances Angelos Law Center which is located on the corner of N. Charles Street and Mt. Royal Ave. There is also disability parking available around campus. The GPS address for the Fitzgerald Parking Garage is 80 W. Oliver Street Baltimore, MD.

The Advocate 34
of Baltimore School of Law
Moot Courtroom
Glendora C. Hughes, Esq. Raphael J. Santini, Esq. Hon. Alexander Williams, Jr. United States District Court Judge (Ret.) President-Elect, MSBA Charles E. Sydnor III Maryland Senator District 44, Baltimore County General Counsel, Maryland Commission on Civil Rights
September 2023 35 410.337.8900 | www.frankelderlaw.com | 1.888.338.0400 Towson, Columbia, Easton 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 Experts in Elder Law, Estate and Special Needs Planning 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 Your ad could be HERE! Contact Rachel Ruocco rruocco@bcba.org or 410-337-9103
The Advocate 36 Full menu, wine and whiskey tasting, and one commemorative wine glass 50/50 Raffle & GREAT Raffle Items This event is open to everyone! Wines Around the World Thursday, October 12, 2023 5:30 PM Country Club of Maryland 1101 Stevenson Lane, Towson, MD Register Now Proceeds benefit
September 2023 37 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! How Do I Join? 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 OR Contact: Gavin Kemp, Lawyer Referral Coordinator, gkemp@bcba.org Please Click Here to Download & Fill Out the 2023-2024 LRIS Application

Pro Bono Award Reception

Please join members of the Baltimore County Bar Association Pro Bono Committee as we acknowledge and celebrate the Pro Bono contribution of attorneys to the citizens of Baltimore County.

Tuesday, October 24, 2023

5:00 p.m. - 7:00 p.m.

Pessin Katz Law

901 Dulaney Valley Road, Towson, MD 21204

This is a free event, sponsored by the Baltimore County Bar Foundation & Pessin Katz Law.

Lite Fare & Refreshments will be served.

The Advocate 38
Register Here

Baltimore County Bar Association

September 2023 39
M A Y J U N E F E B R U A R Y M A R C H A P R I L N O V E M B E R D E C E M B E R J A N U A R Y S E P T E M B E R O C T O B E R 10 -Ravens Tailgate 4, D&I Expert Panel Discussion: Affirmative Action 12, Wines Around the World 19, 4:30pm - Stated MeetingCeremonial Courtroom #5 24, 5:30pm - Pro Bono Awards and Reception 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 15, 4:30pm – Stated Meeting 23, Sponsor Breakfast 6, 5:30pm - Bar Wars Young Lawyers Fundraiser 1, 12pm - Law Day Noon ceremonies 6, Golf Tournament 5-7, MSBA Bar Conference, Ocean City 20, 4:30pm - Stated Meeting Follow Us on Facebook, Instagram & TikTok - @baltcobar Save the Date 7, 5:30pm -Bar-Year Kick-off Party 19 -Bar Wars @ Barleys 28 -Bar Foundation Judicial Portrait Fundraiser October 19, 4:30pm February 15, 4:30pm June 20, 4:30pm Stated MeetingsCeremonial Courtroom #5 S T A T E D M E E T I N G S

(T)

(F)

Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue
MD 21204-4491
Towson,
410-337-9103
410-823-3418
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD 2023 Membership Dues invoices have been sent. Contact the Bar Office at 410-337-9102 if you have not received yours.
www.bcba.org

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