Advocate August 2015

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 2

August 2015

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts THE CASE FOR PRO BONO SERVICE Can a busy practitioner offer meaningful pro bono legal services without providing direct representation? Do opportunities exist for government attorneys to offer pro bono legal assistance? Do “young” lawyers make a difference in the lives of others through pro bono efforts? Can members of the judiciary aid the cause for pro bono by helping to train volunteer lawyers? The answer to all of these questions is “yes!”

Since the economic downturn in 2007, the housing foreclosure crisis, the drop in IOLTA interest rates and the resulting cuts in pro bono agency resources, the need for Pro Bono Publico legal service (“for the public good”) is greater than ever.

Maryland Rule of Professional Conduct 6.1 reminds us that “[a] lawyer has a professional responsibility to render pro bono publico legal service.” Under the rules, a lawyer in full-time practice should aspire to provide at least 50 hours of pro bono or low bono

services to people of limited means (or to other qualified organizations).

The desire to serve exists among most members of the legal community. However, the challenge for many is in finding a way to provide meaningful pro bono legal assistance without becoming overextended or running afoul of certain employment restrictions. Fortunately, the Baltimore County Bar Association (BCBA) offers several avenues through which pro bono and low bono commitments can be fulfilled.

Each bar year, the BCBA sponsors two Pro Bono Workshops in partnership with Legal Aid and the Maryland Volunteer Lawyers.

These half-day workshops are held on Saturdays at the Community College of Baltimore County campuses. The workshops offer an opportunity for members of the community to meet one-on-one with trained lawyer volunteers to discuss topics such as wills and advance directives, bankruptcy, expungement of criminal records,

Program Registrations

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Calendar of Events Pg Civil Law Update Pg Civics & Law Academies Pg Classified Ads Pg Court Notices Pg Criminal Law Update Pg Event Schedule Pg Executive Council Pg Land Record E-Recording Pg Lawyers Assistance Pg Past Presidents’ Dinner Pg Pro Bono Nominations Pg Registration Form Pg

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BlueRidge Bank THE ADVOCATE

Inside This Edition

Signature Sponsor

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August 2015

PRESIDENT’S MESSAGE Continued from page 1 landlord/tenant matters, consumer protection, veterans’ issues and government benefits.

“Lawyer in the Lobby” is another BCBA- sponsored pro bono program. Every second Wednesday of the month, at least two lawyers are available to provide a 20-minute consultation on civil, non-family law matters such as: Landlord-Tenant, Collections, Consumer, Small Claims, Wills and Probate matters.

These consultations take place between 4:30 pm to 6:30 pm in the lobby of the Circuit Court.

pro bono cases. Judges are able to contribute to the pro bono cause by serving as presenters during the training sessions. I have had the pleasure of serving as a panelist for several pro bono training programs and look forward to participating again this fall.

Government attorneys are also good candidates for participation in pro bono projects so long as their employer approves the participation. And, many government agencies encourage their attorneys to give back. During the recent Maryland State Bar Association Conference, Prince George’s County Assistant State’s Attorney Benjamin E. Rupert received a pro bono award for his work on an expungement project. It’s also important to note that in 2005, the Baltimore County Office of Law received the BCBA’s Pro Bono firm award.

Government lawyers can and do make a difference.

Low Bono fees are available to qualified applicants for initial consultations through the BCBA Reduced Fee Family Law panel. This panel offers a reduced rate for the initial consultation and a lower than normal retainer fee if the attorney and client enter into a formal agreement for representation.

If a criminal defendant doesn’t qualify for representation through the Public Defender’s office, he or she may still meet the income eligibility requirements for a criminal defense attorney at a reduced fee through the BCBA Lawyer Referral Information Service – particularly in District Court cases. There are many opportunities for lawyers to offer low bono services once they apply and meet the program requirements.

Short-term pro bono activities like the BCBA Pro Bono Workshop are also sponsored by the Pro Bono Resource Center of Maryland, Maryland Volunteer Lawyers Service, Legal Aid, Women’s Law Center and various organizations throughout the state.

These limited scope programs allow busy practitioners to receive free training and provide time-limited but valuable legal assistance to the public.

National Pro Bono Week takes place from October 25-31 this year. During the week, the BCBA will recognize a lawyer and/or law firm for significant pro bono service. If you know of a worthy recipient, please submit the completed nomination form to the bar association office no later than September 10, 2015. Click the link here for details.

Historically, BCBA members have demonstrated a commitment to providing pro bono and low bono services to those in need. We welcome new volunteers to the pro bono team. Will you join us?

Participation in pro bono service is an excellent way for newly-admitted lawyers (or lawyers seeking experience in other areas) to receive training for free, in exchange for a commitment to accept one or more

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Hon. Vicki Ballou-Watts President, Baltimore County Bar Association August 2015

August 2015

C ALENDAR

2015-16 Officers President Pres-Elect Secretary Treasurer

Hon. Vicki Ballou-Watts Robert J. Thompson Adam T. Sampson Rebecca A. Fleming

T. Wray McCurdy, Immediate Past President Alexander C. Steeves, YL Chair

The Advocate Laurie Wasserman, Committee Chair Doris D. Barnes Thomas S. Basham Associate Editors

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LRIS Committee Planning Meeting, 4 p.m., Mezz 08 Solo & Small Firm Committee Planning Meeting, 5 p.m., Mezz 08 Public Awareness & Speakers Committee Planning Mtg, 5 pm, Mezz 08 Real Property Committee Planning Meeting, 5 pm, Mezz 08 Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m.

Estates & Trusts Committee Planning Meeting, 5 p.m., Mezz 08 UM Law School Student Organizations’ Fair, 2 p.m.

Constitution & ByLaws Committee Meeting, 5 p.m., Mezz 08 Technology Committee Planning Meeting, 12 Noon, Mezz 08 O’s Night At The Yard (vs. Minnesota Twins), Flite Deck !

Memorial Committee Planning Meeting, 5 p.m., Mezz 08 Fee Arbitration Committee Meeting, 4 p.m., Mezz 08 ADR Committee Planning Meeting, 5 p.m., Mezz 08 UB Law School Student Organizations’ Fair, 4:30 p.m.

CLE Committee Planning Meeting, 5 p.m., Mezz 08

September 2015

Contributing Writers C. Theresa Beck Catherine A. Dickinson Sondra M. Douglas Jason S. Garber Jonathan M. Herbst Robert C. Lidston Danielle Moore Margaret M. McKee Cecilia B. Paizs G. Darrell Russell Brittany L. Stouffer Laurie Wasserman Kathleen M. Wobber Catherine F. Woods

E VENTS

Program/Event Registration Form can be found on page 15 Individual flyers can be found on with the online registration for each program on our website calendar.

Executive Council Keith R. Truffer Michael W. Siri Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles

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Courts and Bar Office CLOSED, in observance of Labor Day Family Law Dinner, “Meet & Greet,” 6 p.m., Towson Golf & CC Membership Kick-Off Event, 5 p.m., Greene Turtle, Towson UB Law Alumni Golf Tournament, 8 a.m., Mt. Pleasant Annual Crab Feast, 6 p.m., Ocean Pride, 1534 York Road, Lutherville SLLZ, Meet & Greet the County Council, 5 p.m., WTP Towson Office

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: 5th of the month preceding publication.

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August 2015

MEET THE BCBA EXECUTIVE COUNCIL

President Hon. Vicki Ballou-Watts Circuit Court for Baltimore County

Keith R. Truffer Royston, Mueller, McLean & Reid

President-Elect Robert J. Thompson Law Office of Robert J. Thompson

Secretary Adam T. Sampson Adelberg, Rudow, Dorf & Hendler, LLC

Michael W. Siri Bowie & Jensen, LLC

Treasurer Rebecca A. Fleming Turnbull, Nicholson & Sanders

Jay D. Miller Law Offices of Peter G. Angelos

Members interested in serving on the Baltimore County Bar Association Executive Council submit a letter of interest to be considered by the Nominations Committee, prior to December 31st each year. Once elected, that person begins a ten-year track of leadership service.

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August 2015

MEET THE BCBA EXECUTIVE COUNCIL

Stanford G. Gann Jr. Levin & Gann

Immediate Past President T. Wray McCurdy Law Office of T. Wray McCurdy

John G. Turnbull III Law Offices of John Grason Turnbull III

Young Lawyers Chair Alexander C. Steeves Alperstein & Diener, P.A.

Lisa Y. Settles Pessin Katz Law, P.A.

Executive Director Doris D. Barnes

Among many other duties, Executive Council Members liaison to the various committees of the BCBA, and participate in leadership trainings offered by the MSBA, ABA, and National Conference of Bar Presidents.

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August 2015

COURT NOTICES

From the Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge July 2015 The following Judges will serve in the Family Division for six months, effective January 1, 2016

The following Judges will serve in the Family Division for six months, effective July 1, 2016

Judge Ruth A. Jakubowski Judge Michael J. Finifter Judge Robert E. Cahill, Jr. Judge Sherrie R. Bailey Judge Nancy M. Purpura Judge Julie L. Glass

Judge Kathleen Gallogly Cox Judge Susan Souder Judge Vicki Ballou-Watts Judge Judith C. Ensor Judge Paul J. Hanley New Judge

FAMILY LAW DIVISION ANNOUNCEMENT The Family Law Division of the Circuit Court for Baltimore County has made many changes in the last year relating to processing, assignment and handling of cases by both Magistrates and Judges. We are interested in your feedback on all aspects of the handling of Family Law cases. We hope to continue to improve the way Family Law cases are handled in our Court.

Please feel free to provide comment and feedback to Judge Jakubowski on any aspect of the management of these cases.

Judge Ruth A. Jakubowski Family Law Coordinating Judge

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August 2015

COURT NOTICES

FILING FEES INCREASE FOR CIRCUIT COURT CIVIL CASES EFFECTIVE JULY 1, 2015 HB 54 (Chapter 488) from this year 's legislative session was enacted which requires a new surcharge for civil cases. The Circuit Court Real Property Records Improvement Fund surcharge will increase filing fees as follows:      

For any new case where there is a $55 surcharge, there will be an additional $30 required; For any appeal where there is a $50 fee, there will be an additional $11 required; For any pleading where the cost schedule states a $25 fee, there will be an additional $6 required; For the following two new case types, the fees will be $25 plus the $55 surcharge and an additional $30 required not $6.  Request to register Foreign Judgment  Request for Deposition/Out of State Witness

Uniform Statewide Subpoena Form

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ffective July 1, 2015, the new Uniform Statewide Subpoena form will be available, pursuant to Maryland Rules 2-510, 3-510, 4-265, and 4-266. While the content of the forms will be the same, there will be individual subpoena forms for each circuit and district court. This was necessary to ensure that the seal of the issuing court, as well as the appropriate clerk’s signature, appears on the subpoena form.

Attorneys will be able to access the form electronically by registering through the MDEC e-filing portal, even if they are not current MDEC users. They will receive an email blast containing instructions on how to register, as well as how to access the forms. Additionally, a notice will be placed on the Judiciary’s website.

Self-represented litigants must obtain the paper subpoena from the appropriate court. However, if a self-represented litigant is registered to electronically file, they will have access to the subpoena portal, but will be discouraged from utilizing that functionality. Carla Jones will email the subpoena form to each Clerk of the Circuit Court. District Court Headquarters will distribute the paper subpoena form to each district court location.

If you have any questions regarding the subpoena form, please contact Carla Jones at carla.jones@mdcourts.gov or 410260-3526 for circuit court inquiries; or Polly Harding at polly.harding@mdcourts.gov or 410-260-1210 for District Court inquiries. For questions concerning registration, please contact Tara Glover at tara.glover@mdcourts.gov or 410260-1088.

PLEASE NOTE: Members have advised, that in order to register for the MDEC and access the statewide subpoena form, you must first download Microsoft Silverlight plug-in, in order to access the Maryland.tylerhost.net. Additional assistance may be available by calling 1-800-297-5377.

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August 2015

PAST PRESIDENTS’ DINNER

by John Grason “Jack” Turnbull III

The Past Presidents and Executive Council of the Baltimore County Bar Association descended upon the Baltimore Country Club on June 25, 2015, for the 25th Annual Past Presidents’ Dinner. President T. Wray McCurdy performed his last official act as President of the Association, thanking all of the past Presidents for their toil and dedication to the Association and its members, and welcoming The Honorable Vicki Ballou-Watts as President, who officially began her term on July 1, 2015.

wisdom. While there are no formal speeches, the highlight of the evening was Bob Romadka’s (our eldest living President – 1976) recitation of how the Bar Association Office came to be located in the courthouse shortly after its completion. It involved some old school political maneuvering, that for better or worse, no longer exists today. Rings were kissed, favor was curried, and promises were made.

Including any further details could induce scandal and perhaps indictments, even after all these years.

During the dinner, President McCurdy thanked those present for their service and observed the atmosphere of friendship that filled the room, remarking that friendship, collegiality, cooperation and civility are the hallmarks of the BCBA. In one of his final acts as President, he delivered what amounted to valedictory remarks, reflecting with satisfaction on his year at the helm and passing along best wishes for even greater success to Judge Ballou-Watts.

T. Wray also lamented the fact that the Eastside has recently failed to produce Executive Council members, and he Hon. Vicki Ballou-Watts, T. Wray McCurdy, Rob Thompson, Rebecca Fleming,

The dinner is an opportunity for past and present leaders of the Association to relax, share grossly exaggerated stories, laugh together, and pass along the benefit of institutional knowledge and guiding

Jack Turnbull, and Catie Simanski Dickinson

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August 2015

personally vowed to rectify this gross injustice in coming years.

As reflected in the accompanying picture, a group photograph of the Past Presidents and current members of the BCBA Executive Council who were in attendance was made to memorialize the event.

C. William “Bud” Clark, Thomas Bodie and Hon. John O. Hennegan

Magistrate Terri Beck and Hon. Charles E. Foos, III

John Nowicki, Hon. Vicki Ballou-Watts, Rob Thompson, Hon. John G. Turnbull, II and T. Wray McCurdy

Dominick Garcia, Debra Schubert and Ed Gilliss

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Those in attendance were: Doris Barnes, Executive Director, Judge J. Norris Byrnes, John B. Gontrum, William A. Hahn Jr., Robert W. Lazzaro, John W. Nowicki, Robert J. Romadka, Robert J. Thompson, Judge John G. Turnbull II, Thomas G. Bodie, Alan R. L. Bussard, C. Carey Deeley Jr., Catherine A. B. Dickinson, David D. Downes, Judge Charles E. Foos III, Myles F. Friedman, Dominick A. Garcia, Edward J. Gilliss, Judge John O. Hennegan, J. Calvin Jenkins Jr., T. Wray McCurdy, Judge John J. Nagle III, Debra G. Schubert, John G. Turnbull III,, Judge Alexander Wright Jr., Magistrate C. Theresa Beck, Rebecca A. Fleming, Louis J. Weinkam Sr., Judge Lawrence R. Daniels, Judge Vicki Ballou-Watts.

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August 2015

PRO BONO AWARD NOMINATIONS SOUGHT

by Hasson Barnes, Pro Bono Committee Chairperson The Baltimore County and Local Pro Bono Committees request nominations for the Annual Pro Bono Awards, to be made during National Pro Bono Week (October 25-31, 2015) at its Annual Reception honoring all attorneys in Baltimore County who provide pro bono legal services throughout the year. Nominations must be submitted in writing, not later than Thursday, September 10, 2015. Please mail to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204, or emailed to Doris Barnes.

Pro Bono Attorney of the Year 1. Attorney serving the needs of the community through pro bono work.

2. Generally demonstrated through his or her career.

3. May be demonstrated through a single case or a particular accomplishment.

4. Work considered is services to persons of limited means as that is defined in Rule of Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.

The recipient is not required to be a member of the BCBA.

Pro Bono Firm of the Year 1. Firm serving the needs of the community through pro bono work.

2. Generally demonstrated over a number of years.

3. May be demonstrated through a single case or a particular accomplishment.

4. Work considered is services to persons of limited means as that is defined in Rule of Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.

Prior Recipients Include: 1996 1997 1998 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

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Carl R. Gold Daniel V. Schmitt Nevett Steele, Jr. and Whiteford, Taylor & Preston Carl R. Gold Douglas T. Sachse Stephen J. Nolan John J. Condliffe & Judith Shub-Condliffe Edwin G. Fee, Jr. and Baltimore County Office of Law Barbara L. Ayres and Bowie & Jensen Thomas G. Bodie Barbara Bakal Greene and Levin & Gann Frank E. Turney and Baumohl & Hamburg Michael F. Connolly and Chason, Rosner, Leary & Marshall Laurie Hansen Michael L. Jeffers Richard V. Lynas J. Michael Lawlor

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August 2015

LAND RECORDS E-RECORDING PROJECT UPDATE

by Barbara Hansman, Project Manager, Administrative Office of the Courts

The e-Recording Pilot Project is going well. Approximately 150 submitters have received log-ins and have been trained by Simplifile, and we are receiving documents daily. This week we added five more document types: Appointment of Substitute Trustee Deed of Trust/Mortgage Modification Agreement  Power of Attorney  UCC Financing Statements (original), and  UCC Financing Statements (amendments).  

We are working now to refine and document the internal procedures and continue to ask ourselves how to make the process better. We occasionally need to address an odd or non-standard submission there is a learning curve for customers as well as staff – and there appears to be not much that the vendor hasn’t already seen at other locations using their product.

Our Court Operations Department is working on the evaluation of the system, which is nearly complete, so next steps include finalizing the report for the Court of Appeals to review.

Thanks everyone for your continued support for the e-Recording Project. If anyone else is interested in obtaining a log-in, viewing a webinar or visiting the Towson office, please let me know.

Just a reminder that there is some high-level information on our website www.mdcourts.gov. Please let me know if there are questions.

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August 2015

Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.

ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ...

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges.

Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns

Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family

WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors.

GARY MILES, Chair JOE MURTHA, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON RICHARD LYNAS JAY MILLER JOSE MOLINA SAM MOXLEY JIM QUINN BILL SALTYSIAK JUDGE PHILIP N. TIRABASSI MARK VAN BAVEL

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443-632-1760 410-583-6969 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-288-1099 410-951-7165 443-851-7353 410-733-3306 443-703-3041 410-583-8883 410-512-2053 410-337-5291

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P R O G R A M & E V E N T R E G I S T R AT I O N F O R M Please return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204 with a check or credit card info; fax to 410-823-3418, or REGISTER ONLINE at www.bcba.org.

PLEASE register me for the following programs/events: Registration Fee: Member August 21, 2015, O’s Night at the Yard

Non-Member

$45, per person

September 9, 2015, Family Law Dinner

$50

$60

September 10, 2015, Bar Year Kick-Off Event

FREE

$10

September 24, 2015, Crab Feast

$50

$60

$0

$20

September 29, 2015, State, Local Laws & Zoning and Real Property Program December 3, 2015, Holiday Party

Name(s) Telephone

Address

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Zip Amount Enclosed

Menu Choice (if applicable) Name on C/C

Today’s Date

Billing Address City

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Signature____________________________________________________________________

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August 2015

CIVIL LAW UPDATE

by Ceecee Paizs A review of the April 2015 Amicus Curiarum civil cases: COURT OF APPEALS: Attorney Grievance Commission of Maryland v.

Jeffrey S. Marcalus, Misc. Docket AG No. 64, September Term 2013, filed March 27, 2015.

Opinion by Watts, Shirley M. Judge Mr. Marcalus represented a client against a woman who was unrepresented. During that representation, Mr. Marcalus and the woman engaged in inappropriate discussions related to “sugar daddies,” “modeling or promotional work,” and other innuendo ridden communications. Marcalus and the woman actually met at a beach where the woman showed Marcalus outfits she had bought.

Ultimately, the hearing judge concluded that Marcalus violated MLRPC 8.4(d).

The Court of Appeals held that Marcalus violated MLRPC 8.4(d) and that disbarment was the appropriate sanction. The Court held that even if Marcalus and the woman believed that their behavior was consensual and the discussions/other communications were “jokes,” Marcalus’ behavior with a self-represented opposing party would negatively impact the perception of the legal profession by a reasonable member of the public.

In light of other factors, including the fact that this was not Marcalus’ first attorney discipline action, disbarment was appropriate.

Attorney Grievance Commission of Maryland v.

Sheron A. Barton, Misc. Docket AG No. 86, September Term 2012, and Misc. Docket AG Nos. 13 & 57, September Term 2013, filed March 2, 2015. Opinion by Battaglia, J. Ms. Barton owned, operated and was the only attorney admitted to practice in Maryland. She employed Richard Tolbert as an office manager, and thereafter permitted Mr. Tolbert to take actions such as the initial intake for clients, charge fees, and give legal advice. Allowing an employee to act as a lawyer resulted in Ms. Barton failing to represent clients properly, to include not meeting with clients until just before hearings, missing hearings and missing filing deadlines. The hearing judge determined that Barton violated MLRPC 1.1, 1.3, 1.4(a) and (b), 1.5(a), 1.15(a) and (b), 1.16(d), 5.3(a), (b) and (c), 5.4(a) and (b), 5.5(a), 8.4(a), (c) and (d).

Barton filed numerous exceptions to the hearing judge’s findings of fact and conclusions of law.

The Court of Appeals concluded, after considering Barton’s numerous exceptions, that her conduct violated Rules 1.1, 1.3, 1.4(a) and (b), 1.5(a), 1.15(a) and (b), 1.16(d), 5.3(a), (b) and (c), 5.4(b), 5.5(a), 8.4(a), (c) and (d).

The Court of Appeals held that indefinite suspension was the appropriate sanction. The Court held that Ms. Barton failed to return client phone calls and/or keep clients informed about the status of their respective cases; she charged unreasonable fees when she failed to perform the services her clients expected; she allowed comingling of funds when she permitted Mr. Tolbert to deposit client funds in the firm’s operating account; she permitted and encouraged Mr. Tolbert to give legal advice and allowed him to hold himself out as a lawyer to clients. These Continued on page 17

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CIVIL LAW UPDATE Continued from page 16

actions, as well as others, justified indefinite suspension.

COURT OF SPECIAL APPEALS: Susan DeGrange v. State of Maryland, No. 2586, September Term 2013, filed February 3, 2015.

Opinion by Sharer, Judge A peace order was issued against DeGrange prohibiting certain acts, one of which was to stay away from a particular house. Police found DeGrange present on the premises. She further refused to leave and was arrested. She argued at trial that in order to convict her of violating the conditions of the peace order, the State was required to prove she committed each of the acts proscribed by the order, not just one. The jury convicted DeGrange.

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The Court of Special Appeals affirmed, finding that the evidence was sufficient to support a conviction for failure to comply with a peace order because DeGrange committed one of the acts proscribed by the peace order, and the State was not required to prove she violated all of the proscribed acts.

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We are a Debt Relief Agency servicing all areas of Baltimore County, Baltimore City and Harford County – Over 1,000 cases filed.

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oin Baltimore County’s finest members of the Judiciary and Bar on October 2, 2015, November 13, 2015 and/or April 15, 2016, as the Public Awareness & Speakers Committee embarks on the third year of bringing the ABA-initiated Civics & Law Academy to Baltimore County Public School students. Each Academy is held at one of the beautiful Community College of Baltimore County campuses, and serves students from five area high schools each, bringing more than 100 students together at each Academy to emphasize the importance of knowing and understanding their basic Constitutional Rights, in a format that is both engaging and entertaining. Volunteer faculty are provided the curriculum, as well as presentations and handouts. This is an inspiring way to reach out to the young people in our communities at this crucial stage of their lives. You really can make a difference! To volunteer as faculty for one of these sessions, or for more information, please contact Lisa Settles, Chair of the BCBA Public Awareness & Speakers Committee.

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CRIMINAL LAW UPDATE

by Robert C. Lidston Three recent cases reported in the Amicus may be of interest to practitioners.

Bonilla v. State, No. 63, September Term 2014, filed May 22, 2015 (opinion by Adkins, J.). In 1989, Bonilla was charged with two counts of first degree murder and several related crimes. Under a binding plea agreement, he pleaded guilty to Counts I and III. As part of the arrangement, he was to testify against a co-defendant and, thereby, receive a sentence of life imprisonment on Count III with a consecutive sentence of life imprisonment with all but 20 years suspended on Count I. At trial, the judge found that Bonilla was knowingly and voluntarily pleading guilty and that, as judge, he was bound by the terms of the agreement. After testifying for the State, the Bonilla sentencing hearing was held. At that hearing, his counsel incorrectly stated that there was to be a sentence of life in prison on Count I and a consecutive sentence of life in prison with all but 20 years suspended on

Count III. The State did not notice the error and the judge sentenced Bonilla to life in prison on Count I and a consecutive sentence of life in prison with all but 20 years suspended on Count III. After 20 years of incarceration, Bonilla filed a Motion to Correct illegal Sentence and Motion for Credit Against Time Spent in Custody. He argued that his sentence on Count I was illegal because it "exceeded the sentence agreed upon by the parties under the terms of the binding plea agreement." The circuit court found that the sentences on both counts were illegal and re-sentenced Bonilla according to the original binding agreement which was life in prison on Count III and a consecutive sentence of life in prison with all but 20 years suspended on Count I. Bonilla appealed to the Court of Special Appeals which agreed with the circuit court, finding that the original sentence on Count III was illegal because it was below the binding plea agreement.

Bonilla petitioned for cert and the Court of Appeals asked that the following question be answered: Did COSA err by affirming the circuit court’s judgement that a sentence below a binding plea agreement constitutes an illegal sentence?

The Court of Appeals affirmed COSA’s decision.

Bonilla argued that his original sentence on Count III was legal under Maryland Rule 4-345(a) because it was the product of an "error in pronouncement" and was not inherently illegal. The State responded that any sentence in violation of a binding plea agreement was inherently illegal.

The Court cited Maryland Rule 4-243(c)(3) which states that when "a plea agreement is approved, the judge shall embody in the judgement the agreed sentence, disposition, or other judicial action encompassed in the agreement or, with the consent of the parties, a disposition more favorable to the defendant than that provided for in the agreement."

The Court concluded that, therefore, the rule required the sentencing court to follow the terms in the binding plea agreement. Bonilla and the State had agreed to a sentence of life imprisonment on

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CRIMINAL LAW UPDATE Continued from page 20 Count III - not the lower sentence that the sentencing court imposed.

The Court went on to discuss whether the originally given sentence in Count III was illegal under Maryland Rule 4-345(a) and whether, thus, the sentencing court’s error had made the sentence inherently illegal. The Court discussed two cases where violations of Maryland Rule 4-243(c)(3) were held inherently illegal under the meaning of Maryland Rule 4-345(a) when the sentence imposed exceeded the binding plea agreement. The Court clarified that its decision in the two precedents was not limited to sentences that exceeded binding plea agreements. They applied to a sentencing court that imposed a lesser sentence than that which was agreed upon.

different from the victim’s. DNA evidence did not connect Muhammad to the knife used in the stabbing and did not support the victim’s version of events. Muhammad was convicted and appealed to the Court of Special Appeals.

COSA reversed the conviction. It found that the trial court erred when it allowed the detective to re-tell the victim’s story under the prompt complaint of sexual assault exception to the rule against hearsay.

Under that exception, when a victim testifies, the prosecution may introduce in its case the fact that a prompt complaint was made by the victim, the circumstances surrounding the making of the complaint, and the date, time, crime, and identity of the assailant as reported by the victim. The purpose of this exception is to enable the prosecution to

It concluded that when a sentencing court violates Maryland Rule 4-243(c)(3) by imposing, without consent of the parties, a sentence that falls below a binding plea agreement, the resulting sentence is inherently illegal under Maryland Rule 4-345(a).

Because the original sentence in Count III was below the binding plea agreement, and the State did not consent to this change, Bonilla’s original sentence was inherently illegal and subject to correction under Maryland Rule 4-345(a).

Continued on page 22

Muhammad v State, No. 826, September Term 2014, filed May 29, 2015 (opinion by Eyler, Deborah S., J.). Muhammad was charged with attempted murder, rape, and related matters. The victim testified in detail about what had happened.

Her injuries, included significant stab wounds which resulted in her admission to Shock Trauma. When she came out of sedation, four days later, a detective took from her a detailed narrative of what had happened. After the victim testified at trial, the State called the detective to testify about what she had told him. Defense counsel objected to the detective testifying, but the court decided it would be admissible as a prompt complaint of sexual assault.

The detective’s version of what had happened was very nearly the same as the victim’s trial testimony.

Muhammad testified, providing a story completely

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CRIMINAL LAW UPDATE Continued from page 21 provide some corroboration of the victim’s testimony because sexual crimes are usually committed in isolation, without witnesses, and the prosecutions are most often credibility battles. The exception does not allow the admission of the victim’s full narrative of the events. That would be a prior consistent out-of-court statement. In Muhammad’s case, the trial court’s error was not harmless beyond a reasonable doubt. Having the detective repeat her narrative, likely bolstered the victim’s credibility in the case in which a credibility determination was essential.

Jones v. State, No. 2475, September Term 2013, filed April 29, 2015 (opinion by Krauser, C.J.).

Jones was charged with multiple offenses, including second degree murder with the intent to inflict serious bodily harm, from his having been part of a robbery, shooting and killing. A jury found him not

guilty of first degree murder, second degree murder with the intent to inflict serious bodily harm, and some other offenses, but was unable to reach a verdict on the charge of first degree felony murder and the use of a handgun in the commission of a crime of violence. Consequently, the circuit court granted a mistrial as to those two charges. The State asked that the court rule that second degree felony murder based on first degree assault was a charge pending against Jones for which he could be prosecuted at another trial. Jones objected, but the trial court granted the State’s motion, finding that second degree felony murder based on first degree assault was a viable charge as it arose "out of the facts of this case" and because Jones had "not been acquitted" of it or the underlying offense of first degree assault. The court decided that double jeopardy would not bar the prosecution of Jones on the charge of second degree felony murder based on first degree assault.

Jones appealed to the Court of Special Appeals which reversed the circuit court decision. Under the "required evidence test," two offenses are to be treated as the same offense for double jeopardy purposes and thus successive prosecutions are barred, where only one offense requires proof of an additional fact so that all elements of one offense are present in the other. Jones was acquitted of second degree murder with the intent to inflict serious bodily harm, and the prosecution wished to retry him for the offense of second degree felony murder based on first degree assault.

Both offenses require proof that the defendant’s intentional conduct caused the victim’s death and that the defendant’s conduct was so dangerous to life that it made death a foreseeable result. Only second degree felony murder based on first degree assault goes on to require proof of a fact that the other offense of second degree murder with the intent to inflict serious bodily harm does not.

Second degree felony murder based on first degree assault requires proof that the defendant committed or tried to commit first degree assault, either by causing or attempting to cause serious physical

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CRIMINAL LAW UPDATE Continued from page 22 harm to another or by committing an assault with a firearm. To prove all the elements of second degree felony murder based on first degree assault, the State must first prove all the elements of second degree murder with the intent to inflict serious bodily harm. The offenses, then, under the required evidence test are deemed to be the same for double jeopardy purposes.

Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals

410-484-2088

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Not sure what benefits are available to you as a BCBA Member? Click the picture to the left to learn more, or call or email Doris Barnes or Maxine Morrow for more information.

COMMITTEE REPORTS All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found online. Click on the Committee Reports banner above.

Message from the Executive Director …

How can I get involved? … If only I had a nickel for every time this question was asked! Young and seasoned attorneys alike often wonder what they can do to get involved with the BCBA. All Committees (except Bench/Bar and Lawyers Assistance) are open to everyone! By registering for a Committee, you will be added to the individual Committee email list and be kept advised of anything going on with that Committee. Simply email Maxine and let her know which Committee you are interested in joining.

Committee involvement is a great way to network with attorneys who share an interest in the same areas of law, offering peer advice, lawyer-to-lawyer referrals, etc. For those attorneys “hanging out a shingle” for the first time, or adding practice areas to their repertoire, this is a great way to get networked.

Come to our outstanding events: Orioles Night At The Yard on August 21st, Bar Year Kick-Off on September 10th, Crab Feast on September 24th, Ravens Tailgate on October 11th. There really is something for everyone! See the flyer on page 12 for a full year’s worth of events!

If you have any questions on how to get started, please email me, or call me at 443-465-7581.

I look forward to an exciting year of programs and events! As soon as they are scheduled, they will be on the website calendar, The Advocate calendar, as well as the Committee Reports section of the website.

Doris Barnes THE ADVOCATE

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Signature Sponsors The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor will host one of teb signature events held throughout the year, thereby reducing the cost of the event for members, and many other added benefits.

Sponsorships help the Bar Association maintain its current dues level, despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410 -337-9103).

LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions.

Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher

Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts

If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org.

Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, and can be located quickly using the index at the end of the issue, and by the gold ribbon that accompanies their ad. Please let them know you appreciate their support. Thank you!

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Upcoming Events August 21

Orioles Night At the Yard

September 10 Bar Year Kick Off Event September 24 Crab Feast December 3

Holiday Party

January 28

Black-Tie Banquet

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The Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org

The BCBA-designated charity for 2015-2016

MEMBER ADVERTISEMENTS Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a Partner’s desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free parking. Close to Towson court houses, I695 and I83. Email randy@waselaw.com or call 410-828-8500.

Dundalk. Available office space in Dundalk. Call 410-288-2900.

Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet, small bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively, necessarily) is desired. Spin-off work will be available. Rent $650/mo. Contact J. Michael Lawlor at 410-494-1800 or lawloresq@verizon.net.

Towson law offices available for sublet. We are four busy lawyers working in a nicely furnished suite of offices on the 8th floor of 401 Washington Avenue, overlooking the Old Courthouse. We have 1-4 lawyer’s offices, plus work stations for legal assistants available. Suite is equipped with phones, reception area, conference room, kitchen, copier and postage meter.

Competitive rates. http://www.401washingtonave.com. Macy Nelson, 410-296-8166 x 290; gmacynelson@gmacynelson.com.

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