THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 2
August 2017
PRESIDENT’S MESSAGE by Adam Thomas Sampson I hope you are enjoying the dog days of summer. As you know, this Association uses these summer months for committee planning meetings to provide you with a robust calendar of events for the Bar year. See pages 22-26 for a complete listing of all programs and dates. We will officially begin the BCBA event calendar with our Kick-Off event at CVP on September 19th at 5 p.m. See page 7 for the informational flyer. Prior to the Kick-Off event, we will unveil a portrait of the Honorable William "Bucky" Buchanan in Courtroom 2 at 4 p.m. Although I did not have an opportunity to practice law in Judge Buchanan's courtroom, I did have the privilege and pleasure of spending some time with him and his lovely wife, Ella Mae. Two of the best! I hope you will join us on September 19th for the unveiling of Judge Buchanan's portrait and our Kick-Off event. In the meantime, enjoy the summer. Adam T. Sampson, BCBA President 2017-2018
Click on the image above for a short video on SYSS. Next month’s issue of The Advocate will announce a special contest to raise funds for the BCBA annual charity, Show Your Soft Side!
Inside This Edition Access to Legal Help Annual Sponsors Calendar of Events Civil Law Update Cir Ct Case Managers Committee News County Council Update Court Notices Criminal Law Update Grason Joins BCBA EC Lawyers Assistance Legends of the Boardrm Member Ads Portrait Unveiling Save-The-Date Flyer Show Your Soft Side
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H a w k M o r t g a g e G r o u p , L L C , Signature Sponsor THE ADVOCATE
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C ALENDAR
2017-18 Officers President Pres-Elect Secretary Treasurer
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E VENTS
Adam T. Sampson Rebecca A. Fleming Michael W. Siri Jay D. Miller
Executive Council Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr.
Robert J. Thompson, Immediate Past President A. Neill Thupari, YL Chair
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David F. Luby Committee Chair Ari J. Kodeck Committee Vice -Chair
Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine D. Jill Green William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Anne L. Preston Kimberly K. P. Rothwell Jeffrey R. Scholnick Paul J. Schwab Scott D. Shellenberger Angela J. Silverstein Alaina L. Storie Britt L. Stouffer Whitney E. Wilder Matthew I. Wyman 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: 15th of the month preceding publication.
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Public Awareness (Civics & Law Academy), 5 p.m., Grand Jury Room Criminal Law Committee Planning Meeting, 5 p.m., Grand Jury Room Entertainment Committee Planning Meeting, 5 p.m., Grand Jury Room Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* There is no Bench/Bar meeting this month … see you on September 14 th SLLZ: MyNeighborhood Walk-Through, Noon, Grand Jury Room Annual Softball Tournament, Watkins Regional Park, 9 a.m. Law Day Committee Planning Meeting, 5 p.m., Grand Jury Room UB Law 1L Orientation Fair & Reception, 7-9 p.m., UB Law School Memorial Planning Meeting, 5 p.m., Grand Jury Room ADR Committee Planning Meeting, 5 p.m., Grand Jury Room SSF: Cocktails, Tips & Treats, 6 p.m., CVP Towson
September 2017 4 5 12 13 13 14 14 18 19 19 26 27 28
COURTS & BAR OFFICE CLOSED in observance of Labor Day Family Law: Advanced BIA Training (1 of 3), 5 p.m., Grand Jury Room Professionalism Committee Meeting, 5 p.m, Royston, Mueller, McLean & Reid Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* Young Lawyers (Holiday Lunch) Planning Meeting, 5 p.m., BCBA Mezzanine Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 Legends of the Boardroom, 4 p.m., Hyatt Regency Downtown E&T Kick-Off Reception, 5-7 p.m., Towson Tavern Judicial Portrait Unveiling: Judge William R. Buchanan, 4 p.m., Courtroom 2 BCBA Membership Annual Kick-Off Reception, 5-7 p.m., Charles Village Pub Towson. This is a FREE event for all BCBA Members! Family Law Annual Meet & Greet Dinner, 6 p.m., Hayfields Country Club SLLZ: Baltimore County Charter Decennial Review, 5:30 p.m., Towson Tavern Hispanic Bar Gala, Martin’s Crosswinds. See page 15 of this issue for information.
COMMITTEE NEWS All Committee programs and events are listed on pages 22-26, and (most) are hyper-linked to the website Calendar and registration area.
*If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9103 x102
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COURT NOTICES
At the conclusion of the July, 2017 Family Division Meeting, Judge Jakubowski asked us to re-send the following point, previously disseminated in May, 2017:
School enrollment cases – Please note that this summer the Court will NOT utilize an expedited process to deal with school enrollment cases. If you need to address the issue in an expedited manner, please follow the normal procedure for filing a “Request for Emergency Hearing.” It may be helpful to highlight in your request that there is a school enrollment issue. AnnamarieWalsh & William R. Levasseur, Jr., Family Law Division Liaisons
NOTICE TO CRIMINAL LAW PRACTITIONERS Effective immediately, the scheduling of guilty pleas on the Wednesday and Thursday afternoon guilty plea dockets will be done by the Circuit Court’s new Criminal Case Manager. Mr. Pokorny can be reached at 410-887-2853; ppokorny@baltimorecountymd.gov.
Judge Robert E. Cahill Jr. Lead Judge-Criminal
The Mezzanine Level of the County Courts Building is accessible using Elevator #3. This elevator is located at the bottom of the steps leading up to the Mezzanine Level. You must use the call button located to the left of the elevator door, and you will reach the Mezzanine Level by selecting “M” as the destination floor. The rear door of the elevator will open, leading to a hallway within the Jury Assembly Area. The elevator can be easily recalled from that same location to return to the Lobby, or to reach other floors in the courthouse. THE ADVOCATE
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COUNTY COUNCIL UPDATE by Thomas H. Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets yearround, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25). The Council’s Website: www.baltimorecountycouncil.org provides helpful information as well. At its July 3, 2017 Legislative Session, the Council passed the following items that may be of interest to the County Bar. Bill 35-17 – Public Ethics – Ethics Training – the Bill requires the Baltimore County Ethics Commission to provide mandatory training on the requirements of the County Ethics Law to County government officials and registered lobbyists. Government officials include elected officials; the heads and deputies of County departments and offices; the Administrative Law Judges and the Chairman and members of the Board of Appeals; the Chairman and members of certain Boards and Commissions including the Board of Liquor License Commissioners, the Revenue Authority, the Planning Board, and the Ethics Commission; and the People’s Counsel and Deputy People’s Counsel. Bill 36-17 – Comprehensive Zoning Map Process – Campaign Contributions – the CZMP occurs every 4 years and generally begins on September 1st and continues through September 16th of the following year. Since the 2008 CZMP and every one thereafter, the County Council has adhered to the policy of not receiving campaign contributions or holding fundraising events during this year-long process. This policy was formally adopted by the Council in Resolution 33-07. Bill 36-17 codifies this policy in the CZMP subtitle of the County Code. It states that THE ADVOCATE
during the CZMP, members of the County Council may not accept campaign contributions, hold fundraising events, or solicit campaign contributions or future campaign contributions. Bill 37-17 – Solar Facilities – the Bill regulates the location and the requirements for a Solar Facility in Baltimore County. Prior to the passage of Bill 3717, Solar Facilities were not specifically regulated in the BCZR and had been approved as a “public utility” special exception use by decision of the Administrative Law Judge. The Bill defines the term “Solar Facility” and “commercial use” and sets forth certain exemptions from the coverage of the new regulation. A Solar Facility is permitted by special exception in the R.C.2, R.C.3, R.C.4, R.C.5, R.C.6, R.C.7, R.C.8, B.L., B.M., M.R., M.L.R., and M.H. zones of the County. The Bill also allows a maximum area for a single Solar Facility as the amount of acreage that produces no more than 2 megawatts alternating current (AC) of electricity, and allows no more than 10 Solar Facilities in a Councilmanic District. There are specific provisions for the protection of R.C. Zones, as well as requirements for a security bond, maintenance and security of the facility, and removal of the facility if abandoned. Appointments – the Council approved the appointment of Lee Jacobson, Esquire and the reappointments of Susan R. Green, Esquire and Jeffrey L. Foreman, Esquire to the Ethics Commission, with Mr. Foreman appointed as Chairman. The Council offers its sincerest congratulations on these appointments.
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BCBA EXECUTIVE COUNCIL AT-LARGE MEMBER by Robert J. Thompson Richard Grason, VI is one of two new members of the Baltimore County Bar Association’s Executive Council. On June 22, 2017, Richard Grason and Robert Erdman took their places on the BCBA leadership ladder becoming future BCBA Presidents, in years 20252026 and 2026-2027 respectively. By now, most everyone knows Richard very well, so the point of this article will not be so much to introduce him to our membership, as to introduce some interesting and heretofore little known facts about Rich. Born and raised in the County of Baltimore, Rich is a 2006 graduate of Villanova Law School. He was admitted to practice before the Court of Appeals of Maryland later that year, and has since been admitted to practice before the US District Court for the District of Maryland. Prior to law school, Rich graduated from Franklin and Marshall College with a degree in history. Rich told me not to say anything about his amazing basketball career at F&M and earlier at John Carroll High School, so I won’t. In that same spirit, I will also omit any mention of his participation in the Field Hockey teams at those schools. The best thing I can tell you about my friend Rich is how much he loves his family. My wife and I were honored to be guests at a wedding ceremony in 2012, when the lovely Catherine McLeod became the lovely Catherine McLeod Grason, and Rich and Cathy shared their first moments as a married couple. Rich says that Cathy’s super star status as a wife is surpassed only by her super star status as a mom, which is convenient because in the last five years, Rich and Cathy have been blessed with two beautiful baby girls, Lucy and Cecilia. Spending time with Cathy and the girls is Richard’s favorite thing. And who could blame him? Rich’s love for family includes, of course, his parents, Richard (V) and Ann Grason, (Ann Grason worked in the office of Family Court services for 15 years, and recently
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retired from that job) and of course, his younger sister, Clare. (Clare got the looks…) The Grason family only recently immigrated to Baltimore County (1850’s), so we’re not sure if they’re going to stay or go, but so far, they seem like good folks… However, in an abundance of caution, I recommend withholding judgment for the time being. The second best thing I can tell you about my friend Rich is that he loves our profession and the people with whom he practices. After law school, Rich served as a law clerk for the Honorable Lawrence R. Daniels. During that year, Rich encountered many notable members of this Association who made an impression on him as it relates to professionalism and civility. Rich credits his early involvement in the BCBA to the example set by many of the lawyers and judges he encountered that year. Rich honors that example and models it himself by the way he practices law, by his involvement with, and service to, the Bar, and by the way he approaches life. After his clerkship, Rich spent some time working in Baltimore before finding his place at the Law Office of T. Bruce Hanley here in Towson. A few short years later, the name of the firm was changed to Hanley and Grason, as Rich stepped up to partnership in the firm where his practice focuses on civil litigation and family law. Rich credits his parents for raising he and his sister with their solid values, which he sums up as: “work hard, say your prayers, and be nice to other people,” adding that his parents modeled putting others first by the way they raised their children. Rich obviously learned those lessons, and has made it his business to live those values. Even if you know Rich only tangentially, then you have no doubt been led to believe that he is an avid Orioles and Ravens fan. I cannot independently confirm this fact, though, having never seen him at any of either team’s home games. Because I think he’s a pretty good guy, I am willing to give him the benefit of the doubt…but, as with the newcomer status for the Grason family itself, only time will tell… Welcome to the Executive Council, Rich Grason!! We’re expecting great things from you!!
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SHOW YOUR SOFT SIDE by Caroline A. Griffin
these horrific crimes. And so the Show Your Soft Side campaign was born.
Click the image above for a link to Caroling Griffin’s blog
The ultimate goal of the Show Your Soft Side campaign is to stop animal cruelty before it starts. It is an ambitious goal, born of outrage. Outrage that human beings could soak a dog in gasoline and set her on fire. That dog was named Phoenix, and sadly, she was not the only animal tortured on the streets of Baltimore at the time. A nursing cat was restrained and set on fire, several animals were stoned, and a puppy was beaten to death with belts and a tree branch on a public golf course in broad daylight. What was the common denominator among all these sadistic crimes? They were perpetrated by boys, some as young as 10-years old. I was serving as Chair of the Mayor’s Anti-Animal Abuse Advisory Commission in Baltimore City at the time and it almost seemed as if these perpetrators viewed animal cruelty as a “right of passage” for proving their manhood.
Each athlete sat for a photo shoot with Leo Howard Lubow, a former litigator turned professional photographer, who took hundreds of photographs revealing the close relationship between each athlete and their dog or cat. To avoid appearing sentimental, Soft Side paired their images with the provocative tagline of “Only a Punk Would Hurt a Cat or Dog.” The response to the campaign was overwhelming. The initial goal was simply to raise funds to distribute posters to every school in Baltimore City. Once the Baltimore business community learned of the campaign, however, media outlets donated nearly $200,000 of outdoor space and several businesses donated funds to cover printing and production costs. In addition to providing posters to 250 city schools, the campaign launched with 10 billboards, as well as light rail panels and bus kiosks.
At this critical juncture, talented advertising professional Sande Riesett approached me with an idea for a media campaign. Sande wanted to change the mindset of these boys by utilizing public figures who were good role models to show that real men do not hurt animals, but rather, they protect them. Sande also approached Lori Smyth, promotions director for 98-Rock and WBAL Radio, to recruit acknowledged “tough men” for the campaign. Not only did Lori know celebrities in the music world, WBAL was the flagship station for the Orioles and the Ravens at the time. She initially recruited Adam Jones of the Orioles, Jarrett Johnson of the Ravens, and John Rallo, an MMA fighter and creator of the Shogun Fights. Each was a respected athlete who loved animals and was appalled by the insanity of THE ADVOCATE
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Show Your Soft Side has forged a strong partnership with the Baltimore County State’s Attorney’s Office. In 2016, the campaign veered from its typical celebrity model and photographed prosecutor Adam Lippe and paralegal April Doherty, to showcase their dedication in creating one of the most effective Animal Abuse Units in the country. The campaign and the Unit have joined forces on several initiatives, such as hosting an Animal Abuse Leadership Summit, which draws attendees from across the state. Show Your Soft Side is honored to collaborate with the Baltimore County Bar Association in the year ahead. Together we can build a better world for animals and, in doing so, build better adults.
Show Your Soft Side became a 501(c)(3) organization in 2013 and is run exclusively by volunteers. The campaign has photographed over 150 athletes and public figures, known as “Softies,” including celebrities as diverse as Tommy Lee of Motley Crüe and Kaley Cuoco of the Big Bang Theory. It continues to grow because the campaign and its message resonate with people of all ages and walks of life. In 2014, the campaign launched in Philadelphia, and thereafter, in Jacksonville and Dallas. The roster of Soft Side models includes MMA fighters, as well as lacrosse, soccer, baseball, basketball and hockey players, but the NFL dominates. Players from teams across the country have been photographed, including the Titans, Patriots, Cowboys, Steelers, Giants, Eagles, 49ers, Cardinals, Falcons, Jaguars, Chargers, Seahawks, Vikings, Lions, Saints, Colts, and obviously, the Ravens.
For more information on the Show Your Soft Side campaign, visit www.showyoursoftside.org or Facebook.com/showyoursoftside.
The Softies are the backbone of the campaign and the ambassadors for the anti-cruelty message. In addition to posing for the campaign, several have gone to schools to not only talk about protecting animals from violence, but also, the needs of animal shelters and the importance of adoption. The non-profit also provides posters, free of charge, to teachers and schools around the globe. THE ADVOCATE
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MARYLAND’S NEW PORTAL FOR ACCESS TO LEGAL HELP by Stephen J. Nolan In his keynote address in 1989, one of our Association’s members launched his year as President of the Maryland State Bar Association by stating that Pro Bono legal service is “the highest form of professionalism.” And throughout his year as MSBA President, Herb Garten made that theme his number one priority. With the support of Chief Judge Robert C. Murphy, Herb launched a volunteer recruitment campaign to learn ways to make pro bono legal services more accessible for the poor and more deliverable for lawyers.
help the attorney answer the question. The name of the user and anyone adverse to the user concerning the subject matter of the question will be provided to the attorney so that the attorney can determine whether a conflict of interest is likely to exist. Lawyers who sign up to participate may ask for additional information before responding to the user's request and will only answer questions the attorney chooses to answer. If an attorney responds to a user's question, the user will see the written response through the website.
To implement the campaign’s findings, Herb envisioned an independent entity that would institutionalize the MSBA’s commitment to voluntary pro bono service. As a result of his initiative, the Pro Bono Resource Center of Maryland, Inc. was formed in January 1990. Through 27 years of dedicated leadership by Sharon Goldsmith, Esquire, PBRC has evolved from the recruitment arm of the MSBA to a comprehensive pro bono clearinghouse of volunteer lawyers and resources, a support center and innovator.
Users will not know the name of the attorney who answers their questions unless the attorney chooses to provide it or if a special circumstance arises and it is required by a court of law. When an attorney answers a user’s legal question, an attorney-client relationship is formed; however, that relationship is limited to providing an answer through the website to the legal question and will not involve any continuing representation of the client beyond the act of providing such an answer. Malpractice insurance is provided by the ABA for the legal guidance that attorneys provide through the ABA Free Legal Answers website.
PBRC joined 40 other states in launching one such innovation late last year. PBRC administers, markets and promotes the ABA Free Legal Answers website in Maryland at https:// Maryland.freelegalanswers.org. The purpose of the website is to increase access to advice and information about non-criminal legal matters to those who cannot afford it. There is no fee for the use of the system or for the advice and information provided by the attorney.
Access to the website is available 24/7 so attorneys choose when they provide pro bono legal service. For more information, visit Maryland.freelegalanswers.org and click on Volunteer Attorney Registration. With this latest innovation, the Pro Bono Resource Center continues to actualize Herb Garten’s vision in 1990 of making pro bono service more accessible to low income persons and easier for lawyers.
Eligibility for use of ABA Free Legal Answers is limited to adults who meet financial eligibility guidelines and who are not incarcerated and not requesting assistance relating to criminal law matters. If a user is not eligible to use the system, the user will be denied access to it and provided with some alternate resources for help. After eligibility is established, the user will create a secured account. The user will post a request for legal advice/information and provide facts that will THE ADVOCATE
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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
August 2017
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WELCOME NEW CASE MANAGERS TO THE CIRCUIT COURT by Ari J. Kodeck Recently, the Circuit Court for Baltimore County made two very important hires: Philip M. Pokorny as Criminal Case Manager, and Margot Roberts, Esquire, as Adult Guardianship Case Manager. Both positions stem from the need to have an intermediary between the bench, the clerk’s office and the public. However, this statement does not do justice for the abilities of these two people. To quote Judge Kathleen Cox, “as we discover more qualities of Phil and Margot, their respective jobs keep changing. They outpace the initial duties created for them!” Mr. Pokorny’s official title is the Criminal Case Manager. However, his unofficial title harkens to Lord of the Rings: Gandolf. He will serve as a guide for litigants, both pro se and counsel, on their journey through the courthouse. Mr. Pokorny comes to this position naturally, having previously served as the supervisor for Community Corrections at the Baltimore County Detention Center. His interaction with the court, prosecutors and defense counsel built vast relationships and networks which he will utilize to the fullest extent.
Sheridan’s office. He can be reached at 410-8872853 or ppokorny@baltimorecountymd.gov. Ms. Roberts’ official title is the Adult Guardianship Case Manager. Her unofficial title is the chief bottle washer and cook when it comes to guardianships. Her love for dealing with that segment of the population and her love of accounting create a unique opportunity to assist the public and the court in the administration and monitoring of adult guardianship cases. Her previous life found her in private practice handling guardianship cases, trusts and estates, elder care law and fiduciary tax preparation. The biggest issue the court is facing occurs after the appointment of a guardian. There is no active oversight of private guardianships. Once the guardian is appointed, there is very little court interaction. She likens the guardian to the ‘hands of the court’ and her role is to give the court and public a better hands-on feel. Ms. Roberts’ goal is to increase the court and public’s awareness as to available resources and assistance.
Currently, he is grappling with the implementation of the Justice Reinvestment Act, which becomes effective October 1, 2017. This will affect everything from bail to sentencing and probation.
Her ability to liaison with the bench, the clerk’s office and the public will increase the efficiency of the sometimes daunting process. She is available to help and provide guidance to the process. Also located to the left of Tim Sheridan’s office, you can reach her anytime at 410-887-2759, or meroberts@baltimorecountymd.gov.
Mr. Pokorny is available to help, act as a liaison or for a general chat. He is located on the 4th floor of the Baltimore County Courts Building to the left of Tim
Welcome on board Mr. Pokorny and Ms. Roberts! As a member of the legal community, I look forward to working with the both of you.
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CIVIL LAW UPDATE by Ceecee Paizs Review of the Amicus Curiarum for June 2017 revealed the following civil cases of interest: THE COURT OF APPEALS: Michael Vito et al. v Candace Grueff, No. 75, September Term 2016, filed May 22, 2017. Opinion by Watts, Shirley M., Judge James Vito ("Father") established an irrevocable trust which would benefit his four children equally. The trust would be funded by the assets of Father, including a contract to purchase improved property in New York. Under Item Tenth of the revocable trust, the trust could be revoked, altered or amended in writing by 75% of the interest in the trust. Over the years the irrevocable trust was amended four times pursuant to this provision. In 1999, Father created a separate revocable residual trust originally providing for an equal share to go to his four children, Candace, Judy, Michael and Timothy, which he amended reducing one of the children's, namely Candace, interest by 10%. Candace subsequently filed a guardianship proceeding alleging that Father had dementia and that Judith and Michael had taken advantage of Father resulting in the amendment to the revocable trust. In 2013, Candace filed a petition in Circuit court alleging that Michael and Judith were misallocating funds from both trusts, and seeking their removal as trustees of the irrevocable trust and appoint a successor trustee, along with a full accounting to be provided by Judith and Michael. Judith, Michael and Timothy then executed Amendment V to the irrevocable trust, purporting to remove Candace as a beneficiary under the irrevocable trust, and deleting Item Sixth in its entirety, replacing it with a new Item Sixth which changed the shares of the beneficiaries to the irrevocable trust to 33 1/3 each to Judith, Michael and Timothy. They then filed a motion to dismiss Candace's complaint alleging that Candace lacked standing to bring her claim based on her lack of interest in the irrevocable trust. The trial court concluded that Item Tenth in the irrevocable trust could be used to remove a beneficiary from the irrevocable trust. Candace file a motion to alter or THE ADVOCATE
amend, and the trial court clarified by stating that the judgment entered related to the removal of Candace only and that the claim for an accounting was still pending. The parties then filed a line of dismissal asking that the final counts of the complaint be dismissed with prejudice. Two days later Father died. Candace noted an appeal, and the Court of Special Appeals reversed in part by reversing the dismissals of the counts related to the removal of Michael and Judith as trustees of the irrevocable trust and the request for an accounting of their dealings with regard to the irrevocable trust and otherwise affirmed the lower court's judgment. The Court of Appeals affirmed, holding that taking into account the language of the entire irrevocable trust, Item Tenth did not grant authority for three beneficiaries to remove a fourth beneficiary, and the plan language of the irrevocable trust clearly demonstrated Father's intention for the trust to benefit his four children equally. Any interpretation of Item Tenth that grants three beneficiaries the power to divest a fourth beneficiary would directly contravene Father's express intent. To interpret the document otherwise in light of the overall language of the document demonstrating Father's intent to have the trust benefit all four of his children would be illogical. Further, the Court determined that well establish Maryland law regarding the testamentary power of appointment provides that any authority of a majority of beneficiaries to grant themselves a larger share of the trust than they were originally entitled to must be expressly stated in the original trust instrument. In the present case, the irrevocable trust did not contain such language. Jenny J. Copsey, Individually and as Personal Representative of the Estate of Lance D. Copsey, Deceased, et al. v. John S. Park, M.D. et al. No. 34, September Term, 2016, filed May 24, 2017. Opinion by Greene, Clayton, Jr., Judge The family of Lance D. Copsey allege that Dr. Park was negligent in his interpretation of radiological
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CIVIL LAW UPDATE Continued from page 16 images of the deceased. Dr. Park presented evidence, including expert testimony, that he did not act below the standard of care and moreover, even if he was found negligent, three subsequent acting physicians, who were non-parties based on settlements with the Appellants, treated the deceased six days later in a negligent matter and thus intervening and superseding causes of Mr. Copsey's death. The Appellants moved in limine to exclude all evidence related to the subsequent treatment and such physician's prior statuses as defendants or pre-trial settlements of claims against them as they were no longer parties to the litigation. They also filed a motion to preclude Dr. Park and his employer, as the only remaining party-defendant, from raising the defense that the negligence of subsequent treating physicians was a superseding cause of the patient's death. Both motions were denied by the trial judge and the Court of Special Appeals, relying on Martinez ex real Fielding v. Johns Hopkins Hospital, 212 Md. App. 634, 70 A. 3d 397(2013) affirmed, stating that the introduction into evidence of nonparty negligence and causation is permitted by the defendant. The Court of Appeals affirmed, holding that when a defendant generally denies liability in a negligence action the defendant may present evidence of a nonparty's negligence and causation in his or her defense. The relevance and necessity of providing the defendant doctor and his employer a fair trial by presenting such evidence outweighed the potential prejudice of the jury by the presentation of such evidence. Ultimately, it is for the jury to determine whether an intervening act of a third party was a superseding cause of the injury. Cassandra Parker, et al. v. William Hamilton, et al., No. 78, Sptember term, 2016, filed May 22, 2017. Opinion by Hotten, Michele D., Judge Cassandra Parker, individually and as personal representative of her son's estate, and on behalf of her minor grandchild, filed survival and wrongful death actions against William Hamilton, alleging that Hamilton shot and killed her son and buried his
remains to conceal his wrongdoing. Hamilton filed a motion to dismiss with prejudice, or in the alternative a motion for summary judgment. The trial court dismissed the wrongful death claims based on the action being time barred under Maryland Code, ยง3904 of the Courts and Judicial Proceedings Article, but denying the motion to dismiss the survival claims of Mr. Parker's estate. A motion for reconsideration was denied without a hearing. The Court of Appeals granted certiorari before the Court of Special Appeals' consideration of the direct appeal. The Court of Appeals reversed, holding that the wrongful death claims of the minor plaintiff was tolled during the period of minority, pursuant to Courts and Judicial Proceedings Article, ยง5-201. (See Waddell v. Kirkpatrick, 331 Md. 52, 626 A.2d 353 (1993) Therefore, the minor plaintiff's wrongful death claim is tolled during the period of his minority. Further the Court determined that the circuit court erred in failing to consider that the time limitation to file a wrongful death action is tolled when the defendant engages in fraudulent conduct that prevents the plaintiffs from bringing a wrongful death action within three years from the date of death, pursuant to Courts and Judicial Proceedings Article, ยง5-203. The allegations that Hamilton buried Mr. Parker's remains in order to conceal his wrongdoing were sufficient to reflect Hamilton's fraudulent conduct. See Antigua Condo. Ass'n v. Melba Inv'rs Atl Inc., 307 Md. 700, 735, 517 A.2d 75, 93 (1986) and Parish v. Md. & Va. Milk Pr0ducers Ass'n, 250 Md. 24, 72, 242 A.2d 512, 539 (1968) THE COURT OF SPECIAL APPEALS: Marrick Homes LLC, et al. v. Adam Rutkowski, et al. No. 655, September Term, 2016, filed May 31, Opinion by Berger, Stuart R. Judge Mr. Rutkowski was injured when he leaned against a safety guardrail in his home that gave way and he fell 12 to 15 feet onto concrete. After filing suit against Continued on page 18
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CIVIL LAW UPDATE Continued from page 17
several defendants, including Marrick Properties, the builder and general contractor when the home was built and Creative Trim, Inc, a subcontractor who was responsible for the construction and installation of the safety guardrail, all defendants were dismissed other than Marrick. The jury returned a verdict in favor of the Petitioners and against Marrick. Marrick appealed, contending that (1) the duty to comply with the relevant provisions of the building code had been delegated to Creative Trim (2) insufficient evidence supported the jury's negligence verdict and (3) as a matter of law, Rutkowski assumed the risk and/or was contributorily negligent when he leaned on the guardrail. The Court of Special Appeals affirmed, holding that Marrick's duty to comply with the building code was "nondelegable". While the general rule that an employer of an independent contractor is not liable for the physical harm caused to another by and act or omission of the contractor or his employees, a common-law exception states that "one who by statute or by administrative regulation is under a duty to provide specified safeguards or precautions for the safety of others is subject to liability to the others for whose protection the duty is imposed for harm caused by the failure of a contractor employed by him to provide such safeguards or precautions." Restatement (Second) of Torts, §424. Marrick bore the statutory duty to provide specified safeguard or precautions pursuant to the controlling building code and is, therefore, subject to liability for harm caused by the failure of its subcontractor to provide such safeguards. The Court held that sufficient evidence, including testimony from an expert in residential construction for the jury to find that the improper construction of a guardrail was the cause of the guardrail's failure, and that Marrick breached the standard of care by failing to properly supervise the construction of the guardrail. Finally, the Court rejected Marrick's argument that it was entitled to judgment as a matter of law because Rutkowski assumed the risk of his injuries and/or was contributorily negligent with he leaned against the guardrail without previously inspecting the guardrail
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to confirm that it would hold his weight. The Court observed that the evidence was sufficient to find that the improper fasteners that lead to the failure of the guardrail were concealed by the trim, and that both affirmative defenses were properly submitted to the jury.
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August 2017
THE ENNEAGRAM PERSONALITY SYSTEM & THE LAW by Frank t. Totten
Ancient Greek philosopher Heraclitus of Ephesus said that “character is fate,” but the question that most attorneys do not consider is “why do my clients act a certain way?” or “why does the other attorney act a certain way?” On April 27, 2017, in the Grand Jury Room at the Circuit Court, local attorney William A. Stavros sought to answer these basic questions and more at the “Enneagram Personality System & The Law” Continuing Legal Education Seminar. Generally, the enneagram personality system is built around basic archetypes numbered 1 through 9: the Reformer (Archetype 1), the Helper (Archetype 2), the Achiever (Archetype 3), the Individualist (Archetype 4), the Investigator (Archetype 5), the Loyalist (Archetype 6), the Enthusiast (Archetype 7), the Challenger (Archetype 8), and the Peacemaker (Archetype 9).
On April 27th, to a packed room of criminal and civil attorneys, as well as Judges and other members of the judiciary, Mr. Stavros presented on the basics of the enneagram and how it can be incorporated in the practice of law. While this was only meant as a general introduction, it goes a long way in addressing the basic questions that all attorneys should be asking themselves about their client(s). Most attorneys do not bother with such questions, but as Mr. Stavros showed, failing to do so is a disservice to the client(s). In many ways “character is fate,” and understanding the why goes a long way to meeting a client’s needs and arguing the merits of their case. Please join us for the follow-up program scheduled for April 19, 2018.
Within each archetype, an individual has 9 different levels of functioning between low and high and operates on 3 basic instincts: self-preservation, sexual (or impulsive), and social.
Maryland Hispanic Bar Association Annual Gala September 28, 2017, 6 p.m. Cocktail Reception followed by Dinner and Presentation Martin’s Crosswinds, 7400 Greenway Center Drive, Greenbelt, MD Guest Speaker: The Hon. Kevin Kamenetz, County Executive Baltimore County Featured Band: Grupo Latino Continental Cost, $85 per ticket
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Online registration
August 2017
CRIMINAL LAW UPDATE by Matthew I. Wyman Several important decisions in the field of criminal law were published recently. Several from the Court of Appeals and the Court of Special Appeals from July’s Amicus Curiarum are included below. Daniel Rohrer v. Humane Society of Washington County, No. 32, September Term 2016, filed June 27, 2017. Opinion by McDonald, J. This case isn’t a criminal action, but it deals with the authority of an agency (here the Humane Society) to seize property as a result of criminal charges. Rohrer was charged with 300 counts of animal cruelty and neglect relating to over 100 animals on his farm in Washington County. After the animals had been physically removed into the State’s custody, the Washington County Humane Society filed for a seizure of the animals, and indicated they would not be returned, regardless of the outcome of the criminal case. At the conclusion of the criminal case, Rohrer was acquitted of several charges, others were dismissed, and he received probation before judgment. The District court declined to make a ruling on the return of the animals at that time. Several months later, Rohrer then attempted to retrieve the animals. He argued first that the animals were not properly seized as they were already in the custody of the state at the time the action was filed. He also argued that the Humane Society could not rely on conditions observed several months prior to determine whether it was safe for the animals to be returned. The court ultimately ruled that CR § 10-615 allows the Humane Society to seize the animals. The section provides that they may take possession of an animal “when necessary to protect the animal from cruelty” or for the health of the animal. Further, ownership is not transferred to the Humane Society, but possession is for as long as necessary to protect the animals. Stephanie L. Smith v. State of Maryland, No. 80, September Term, 2016, filed June 22, 2017. Opinion by Greene, J. THE ADVOCATE
This case involves the use of binding plea agreements. Smith entered into a plea agreement with the state wherein she would plead guilty to theft under $100 and receive between 30-90 days incarceration. The plea was relayed to the Judge who indicated he would agree to bind himself to the agreement between the State and Defense. The Judge then granted Smith probation before judgment and sentenced her to 60 days of home detention. The State appealed, arguing the judge imposed an illegal sentence in light of the agreement. The Court of Special Appeals reversed the trial court, and the Court of Appeals upheld that decision. The court indicated that, consistent with Bonilla v. State, 443 Md. 1 (2015), that the sentence was illegal since it deviated below the agreed upon minimum sentence. The court indicated that the plea agreement should be construed as how a reasonable lay person would interpret it. In this case, the court found a reasonable lay person would expect that a conviction would be lodged, and they would spend between 3090 days in jail, not on home detention. James Patrick Beaman v. State, No. 67, September Term 2016, filed June 21, 2017. Opinion by Greene, J. Beaman was convicted of four counts of first degree murder in Prince George’s County. Beaman had filed a request for Post Conviction DNA testing on blood found on a first floor patio. He indicated that he believed that blood belonged to one of the victims, which he believed would tend to show that a witness had misidentified him. The state had never contended that the blood in question belonged to Beamon, or anyone for that matter. The Circuit Court denied his request stating “since there is not a substantial probability that testing the DNA would have changed the verdict, the request is denied. Ultimately, the Court of Appeals ruled the Circuit Court Judge applied the wrong standard. In fact, it should have applied the standard of a reasonable
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CRIMINAL LAW UPDATE Continued from page 20 probability that the testing would produce mitigating or exculpatory evidence. The Court of Appeals ruled however that even under the correct standard, there was almost no probability that any exculpatory evidence would have been found. Thus the court affirmed the denial of Beaman’s request for DNA testing. John R. Fone v. State, No. 962, September Term 2016, filed June 6, 2017. Opinion by Eyler, Deborah S., J.
improper, but argued that the Defense is barred from appealing on the matter since it was not objected to at trial. The Court of Special Appeals held that the conviction was an impeachable offense. The Court also held that the Defendant need not renew his objection at trial after a prior ruling on the motion in limine as that ruling was intended to be a final ruling on the matter.
The Defendant appealed his conviction for possession and distribution of child pornography on the basis that the warrant used to search and seize his computer was stale. On January 2, 2015, an investigation revealed possible child pornography activity on the Defendant’s IP address. On March 18, over two months later, the police in Montgomery County applied for a search and seizure warrant that revealed 10 images of child pornography on the Defendant’s computer. The court upheld the conviction. The court held that the judge had a substantial basis to believe pornography was present. The nature of child pornography in digital format is not perishable, or consumable. Additionally, even if deleted, it can often be retrieved by IT experts. Therefore staleness is rarely a concern when dealing with computer generated images. Michael William Hall v. State, No. 1690, September Term 2015, Tywan Jamad Cummings v. State, No. 1701, September Term 2015, Daquawn Lubin v. State., No. 2071, September Term 2015, filed June 28, 2017. Opinion by Nazarian, J. The Defendants attempted to impeach the credibility of the victim of a robbery with his prior manslaughter conviction. In a motion in limine, the trial court ruled that manslaughter was not an impeachable offense, and barred the Defendant’s from mentioning it at trial. The Defendants were all convicted and appealed. The State conceded that the ruling was
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Committee News COMMITTEE CALENDAR, HANDOUTS, CONTACT INFO All Committee Chair and Vice-Chair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org. Click on “Committee Reports, then select the committee of interest. December 6, 2017, 5 p.m., Annual Holiday Party. Towson Tavern.
ADR COMMITTEE October 3, 2017, 5 p.m., Mediator Certification & The MCDR Performance-Based System (Joint Program with BABC), County Courts Building, Towson
January 25, 2018, 7 p.m., Annual Black-Tie Banquet, Delta Marriott Hunt Valley Inn June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course.
CLE COMMITTEE September 14, 2017, 4 p.m., Legends of the Boardroom. Hyatt Regency, Baltimore. See flyer on page 11 of this issue. October 24, 2017, 5 p.m., Top 10 Tips for Marketing to Spanish-Speaking Clients. Grand Jury Room. November 1, 2017, 5 p.m., What is it worth? & Show me the money! Towson Tavern.
ESTATES & TRUSTS COMMITTEE September 18, 2017, 5 p.m., Kick-Off Social. Towson Tavern. October 18, 2017, 5 p.m., Financial Program. Grand Jury Room. November 29, 2017, 5 p.m., Special Needs Trusts/ABLE Accounts. Grand Jury Room
February 20, 2018, noon, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room.
December 5, 2017, noon, Succession Planning. Grand Jury Room
April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room.
January 30, 2018, noon, [Alternate date for Gibber Presentation]. Grand Jury Room.
ENTERTAINMENT COMMITTEE
February 28, 2018, 5 p.m., Gibber Presentation. Grand Jury Room.
August 3, 2017, 5 p.m., Planning Meeting. Grand Jury Room
March 28, 2018, 5 p.m., ADR. Grand Jury Room.
August 12, 2017, 9 a.m., Annual Statewide Softball Tournament. Watkins Park
April 25, 2018, 5 p.m., Guardianships. Grand Jury Room
November 8, 2017, 6 p.m., Wines & Whiskey FR for Show Your Soft Side. Maryvale Prep.
May 9, 2018, 5 p.m., Legislative Update with Orphans’ Court Judges and Register of Wills.
Continued on page 23
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Committee News June 26, 2018, Noon, Elective Share Update. Grand Jury Room.
Fall Mini-Series: Advanced BIA Training September 5, 2017 October 3, 2017 October 23, 2017
FAMILY LAW COMMITTEE September 26, 2017, 6 p.m., Annual Meet & Greet Family Law Judges & Magistrates. Hayfields Country Club. October 11, 2017, 6 p.m., Reunification. Towson Tavern.
Limitations
of
Spring Mini-Series: Parenting Plans January 4, 2018 February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018 LAW DAY COMMITTEE - MAY 1, 2018
November 14, 2017, 6 p.m., Domestic Torts. Woodholme Country Club. December 14, 2017, Noon, Wasting of Marital Real Property. Grand Jury Room December 19, 2017, Noon, 100 Days to Trial. Grand Jury Room. January 4, 2018, Noon, Marital Property. Grand Jury Room. January 18, 2018, Noon, Preparing the Custody Evaluator for Testimony. Grand Jury Room. February 21, 2018, 6 p.m., Custody Evaluations. Speaker: Gina Santoro. Towson Tavern. March 22, 2018, 6 p.m., Sexual Abuse Allegations.
August 15, 2017, 5 p.m., Planning Meeting. Grand Jury Room. LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. See flyer on page 32 of this issue. MEMORIAL COMMITTEE Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you. Those members who will be honored at this year’s service on November 16, 2017, at 3:30 p.m., include:
April 2018. TBD
The Hon. Christian M. Kahl Constance Kellner Putzel Geoffrey K. Calderone, Jr. Lewis Leland Fleury
May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building. Fall Mini-Series: Evidentiary Issues 5-6:30 p.m., County Courts Building November 2, 2017, Tales of Family Law Evidence: Concerns from the Bench & Bar. November 9, 2017, Authentication of Emails and Review of Related Case Law.
If you know of any other BCBA Member who passed away (since August 15, 2016), please advise Doris Barnes immediately, so they can be included in the service. Thank you. This committee will meet on August 23, 2017, 5 p.m. in the Grand Jury Room. If you would like to serve on this committee, please feel free to attend the meeting. Continued on page 24
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Committee News The reception for family and friends to honor and remember loved ones will be held again this year, immediately following the service on November 16th. Monetary contributions are greatly appreciated, and can be made payable to the BCBA, and mailed to the Bar Office, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program. In advance, thank you for your generosity.
PROFESSIONALISM COMMITTEE
MEMBERSHIP COMMITTEE
TENTATIVE: April 18, 2018, District Court Judges Program.
August 15, 2017, University of Baltimore School of Law, 1L Orientation Fair & Reception, 7:45– 9 p.m. September 19, 2017, Annual Bar Kick-Off Party, 5-7 p.m., Charles Village Pub, Towson September 28, 2017, Judicial Law Clerk “Orientation,” 5 p.m., County Courts Building NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE October 10, 2017, 5 p.m., Soft Tissue 101. Grand Jury Room. November 15, 2017, 5 p.m., Accident & Bio-Medical Reconstruction. Grand Jury Room.
Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson. September 12, 2017 November 14, 2017 January 9, 2018
THE PROFESSIONALISM COMMITTEE is now accepting nominations for the J. EARLE PLUMHOFF PROFESSIONALISM AWARD, which will be presented at the Annual Banquet on January 25, 2018. Please email your nomination to Doris Barnes (doris@bcba.org) for consideration, no later than Monday, November 14, 2017. The Professionalism Committee requests nominations from Bar Association Members for the annual recipient of the J. Earle Plumhoff Professionalism Award, which will be presented at the Annual Black Tie Banquet in January. Recipient of this award must be:
February 22, 2018, 5 p.m., A View from Big Insurance. Grand Jury Room April 10, 2018, 5 p.m., Jury Selection/Mock Trial. County Courts Building
A Baltimore County Bar Association member at least 5 years; Have made professional contributions Baltimore County Bar Association activities;
to
Have made contributions of time and resources that have gone largely unnoticed; and
PRO BONO COMMITTEE TENTATIVE: October 7, 2017, Fall Pro Bono Clinic. Eastern Technical High School.
High marks for dignity, integrity and civility.
October 25, 2017, 5 p.m., Annual Pro Bono Awards & Reception. Continued on page 25
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Committee News May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building
PRIOR RECIPIENTS INCLUDE: 1999 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Myles F. Friedman Richard A. Reid Leon Berg Keith R. Truffer Carolyn H. Thaler Jennifer B. Aist Christopher W. Nicholson Kristine K. Howanski Harris J. “Bud” George Mary Roby Sanders Robert L. Hanley Jr. Robert J. Steinberg Herbert R. O’Conor C. Drake Zaharris Carl R. Gold
SOLO & SMALL FIRM COMMITTEE “Cocktails, Tips & Treats” Networking, CVP August 29, 2017 November 28, 2017 February 27, 2018 May 29, 2018 STATE, LOCAL LAWS & ZONING COMMITTEE August 10, 2017, Noon, MyNeighborhood WalkThrough w/Baltimore County OIT, Grand Jury Room September 27, 2017, 5:30 p.m., Baltimore County Charter Decennial Review, Towson Tavern
PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY
TECHNOLOGY COMMITTEE
Academy Schedule
July 20, 2017, 5 p.m., Planning Meeting. Grand Jury Room.
October 6, 2017 @ CCBC Dundalk November 3, 2017 @ CCBC Owings Mills December 1, 2017 @ CCBC Owings Mills
YOUNG LAWYERS COMMITTEE
A limited number of teaching positions are still open. If you are interested, please contact Doris Barnes (410-337-9103 x101; doris@bcba.org).
Thirsty Third Thursdays, 7 West Bistro Grille, 5 p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network. October 19, 2017* November 16, 2017 January 18, 2018 February 15, 2018* March 15, 2018 April 19, 2018 May 17, 2018 June 21, 2018*
REAL PROPERTY COMMITTEE October 17, 2017, 5:30 p.m., Liquor Licenses, Country Club of Maryland December 13, 2017, Noon, Distressed Property: Real Estate in Bankruptcy, Foreclosure, etc., Levin & Gann, Towson February 21, 2018, Noon, Condos, HOAs, Bowie & Jensen, Towson March 15, 2018, Noon, Tax (assessment) Appeals, Whiteford, Taylor & Preston, Towson
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*Attend the BCBA Stated Meeting at 4:30 p.m. in Ceremonial Courtroom No. 5, Old Courthouse, Towson, and receive a free drink ticket for the happy hour!
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Committee News Chamber Chats (Limited to 15 registrants) November 1, 2017, Noon. Judge C. Carey Deeley, Jr. and Judge Dennis Robinson, Jr., County Courts Building. March 29, 2018, Noon. Judge Colleen A. Cavanaugh and Judge Keith R. Truffer, County Courts Building.
Annual Holiday Lunch & Toy Drive December 7, 2017, 12-2 p.m., Ground Floor, County Courts Building. $10 or a new, unwrapped toy. All proceeds and toys will be donated to CASA of Baltimore County.
Annual Bull & Oyster Roast April 8, 2018, 2-6 p.m., Towson American Legion
Please email Doris Barnes if you would like to be added to any Committee list, to receive emails specific to that Committee. You will remain on your selected Committee(s) until you ask to be removed, with the exception of Bench/ Bar and Lawyers Assistance, which are by appointment of the President.
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BALTIMORE CITY CIRCUIT COURT LAUNCHES MEDIATION PILOT PROGRAM Maryland Judiciary, Office of Communications and Public Affairs The Circuit Court for Baltimore City, in an effort to improve access to justice for litigants involved in criminal misdemeanor cases, recently launched a new mediation pilot program presided over by Circuit Judge Edward R. K. Hargadon. Mediation will be offered for certain misdemeanor cases related to a variety of dispute types including neighborhood, business, family, and landlord/tenant disputes, at no cost to litigants, through the Baltimore Community Mediation Center. Firearms, narcotics, and domestic violence cases are not eligible for mediation. “The Judiciary is committed to developing innovative programs that enhance access to justice throughout the state,” said Court of Appeals Chief Judge Mary Ellen Barbera. “Judge Hargadon’s pilot program demonstrates our vision to be an accessible court system that works collaboratively with our justice partners to provide efficient, effective, and fair justice for all Marylanders.” The mission of the mediation pilot program is to assist litigants with resolving criminal misdemeanor cases in approximately 30 days without going to trial. The program is a collaborative effort of the Baltimore City Circuit Court, the Judiciary’s Mediation and Conflict Resolution Office (MACRO), the Public Defender’s Office, the Baltimore City State’s Attorney’s Office, and Baltimore Community Mediation Center. Mediation provides an opportunity to resolve many disputes permanently and effectively, avoiding perpetuation and even escalation of disputes as may occur even if a case proceeds to trial. Through the appropriate utilization of mediation, courts are able to manage overburdened dockets more effectively. Baltimore Community Mediation Center’s partner sites throughout the city will host mediation sessions to ensure accessibility for litigants. Parties of lesser misdemeanor cases may receive a third-party referral
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to participate in the program, but participation is voluntary. Discussions during mediation sessions will be considered confidential and will not be disclosed during future court proceedings. “This program provides litigants the opportunity to address issues related to cases on their own accord without relying on criminal justice resources,” said W. Michel Pierson, Administrative Judge for the Eighth Judicial Circuit (Baltimore City). “Helping litigants reach mediated agreements reduces the time and cost associated with trials, resulting in improved efficiency within the court and better outcomes for the parties involved in the dispute.” Judge Hargadon developed the concept of a mediation program for circuit court cases involving misdemeanors after attending a mediation skills training course in late 2016. Although the Baltimore City State’s Attorney’s Office currently offers mediation to some defendants in the misdemeanor cases that remain in the District Court’s jurisdiction, until now, mediation has not been available for defendants and victims in cases transferred to the Circuit Court as a result of a prayer (request) for a jury trial. Since the beginning of fiscal year 2015, more than 10,000 jury trials have been prayed, according to the Judiciary’s database of trial and appellate courts caseload and performance data. “Mediation gives litigants involved in lesser misdemeanor cases another option in resolving legal issues. Jury trials are time consuming and expensive to the parties and the court, and, in many cases, a verdict on a criminal charge does nothing to address an underlying dispute. This program encourages litigants to be proactive about developing solutions that keep cases from returning to court with subsequent criminal charges,” said Judge Hargadon.
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Charles W. Michaels, Esquire Trial Level and Appellate Level Research & Writing Trial Level Assignments, $150/hour Appellate Level Assignments, $200/hour 20 years experience with research and writing at all levels Invaluable assistance with trial-level pleadings, motions, memoranda and appellate brief drafting for Maryland appellate courts and Federal appellate courts Advance required.
Contact 443-846-5207 or cwmichaels@earthlink.net References available upon request. Member, BCBA
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What are your photos worth? What if you woke up tomorrow and they were ALL gone? Take a few minutes to check out this service. Here is a link to an introduction video (90 sec): https://www.youtube.com/watch? v=izLiqnX5h2o.
Protect your personal and organization’s photographs forever. Guarantee they will be in a retrievable format 10, 20, 50+ years from today. The “free” services are a gamble not worth taking, since they own your photographs, and can remove them at any time. What would you do if you logged on, only to find them all gone?! Email forever100plus@gmail.com for more information on how to protect your legacy.
And one (3.5 min) to explain the permanent storage concept: https://www.youtube.com/ watch?v=K7k-pqJZ92w.
Continued on page 22
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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 RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL
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443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291
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Signature Sponsors
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. If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org. Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf 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).
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.
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Click HERE for the complete flyer with names and affiliations of speakers, moderators and sponsors.
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BCBA Members are encouraged to support our Annual Signature Sponsors. When you need a service they offer, please contact the following, thank you.
Who do you know that would be a “good fit� for the Bar Association? Contact Doris Barnes (410 -337-9103 x101 to refer a business!
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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
MEMBER ADVERTISEMENTS TOWSON. For sale: 2 adjacent office condominium units (839 sf. And 882 sf.) at 606 Baltimore Avenue. Professionally managed building, close to the courthouses and all that downtown Towson has to offer. Units could be sold together, or separately. Call Alex at 443-604-5062 for more information. DUNDALK. Awesome space available. 5 office suites available in the Holabird Building on Holabird Avenue. Conference room, lots of free street parking and receptionist. Contact Raldolph Rice at 410-288-2900 or rr@ricelawmd.com for more information. PIKESVILLE or OWINGS MILLS. Office space share available. Minimum usage. Contact Gerald Zimlin, 410-2920509. TOWSON. Do you need a satellite office in Towson directly across from the Circuit Court? Share nicely furnished office space with parking. $250 per month. Call, 410-557-4170. CATONSVILLE. Office space available in the Catonsville/Arbutus area. Three potential offices for rent. Rent all three offices, or just take one. Share use of conference area and kitchen. Building newly renovated. Close proximity to Catonsville District Court and 695. Contact Sean for more information. 410-245-0732. TOWSON. Office sublease available at 401 Washington Ave. Professional setting with private and secure access. Total of 5 offices (3 fully-furnished) approx. 1,089 SF. Wired for phone/Internet; Access to conference rooms during business hours Mon-Fri. Term thru Dec 2018. Parking available at Balt. County lot across the street. Contact Jess Gordon at (410) 292-7862 or jgordon@jlmpartners.net. Towson. Office Sublet/Shared Conference Room. Furnished, interior office available for sublet. Includes use of
conference room, reception area, kitchenette, and internet OR, limited shared office arrangement available for use of conference room for meeting clients/mailing address, includes internet. Walk to both Towson courthouses. Contact Meredith Martin: 410-970-6495 or mm@meredithmartinlaw.com. Towson Office Space. Offices for rent in the heart of downtown Towson, overlooking the Old Courthouse. Receptionist, copy machine, conference facilities, nice people and other amenities. If interested, please contact Matthew Ortega at 443-921-8161 x407, for details. Towson. Office space available in First-Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800.
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