THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 6
December 2015
PRESIDENT’S MESSAGE by Hon. Vicki Ballou-Watts
‘Tis the Season… “It is a fine seasoning for joy to think of those we love.” – Moliere Remember when we were children and the holiday season couldn’t come fast enough? Now, for many of us, the time between Thanksgiving and New Year’s Eve passes far too quickly. We just seem to have an endless number of tasks and activities to complete within the last few weeks of the year. On a professional level, lawyers and judges face unique challenges at this time of year. For example, it isn’t unusual for clients to pressure their lawyers to settle cases or claims before December 31st. In family law matters, many clients want their divorces finalized before the year end. And, the courts must specially designate judges to resolve the inevitable increase in holiday visitation disputes as parents seek to ensure quality time with their children.
Jury trials still take place in November and December, but seating jurors for a multi-day or multi-week trial can be difficult during the holiday season. Scheduling matters may be problematic, because lawyers and judges want to fulfill their professional obligations but set aside time for family and friends, too. On a personal level, whether your holiday is faith-based, secular or a combination of both, it’s easy to become overwhelmed by all the activities traditionally associated with this time of the year. Of course, it isn’t that we don’t enjoy those activities. It’s just that there is so much to do and if we aren’t careful, the desire to “do it all” brings with it a certain amount of unwanted stress. There are religious services, plays, recitals, parties and other social events to attend. Family or friends Continued on page 2
Tucker & Meltzer THE ADVOCATE
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Inside This Edition Program Registrations Pg Bench/Bar Committee Pg Calendar of Events Pg Civics & Law Academy Pg Civil Law Update Pg Classified Ads Pg Committee Programs Pg County Council Update Pg Court Notices Pg Criminal Law Update Pg Executive Council Vacancy Historical Perspectives Pg Judicial Portrait Fund Pg Lawyers Assistance Pg Magistrate Woods Pg New Members Pg Pro Bono Volunteer Award Ritchey Award Criteria Pg Save the Date Flyer Pg
23 6 3 29 24 40 34 13 4 30 9 16 38 28 20 9 14 8 22
Signature Sponsor December 2015
PRESIDENT’S MESSAGE
CONGRATULATIONS LEADING WOMEN
Continued from page 1
Congratulations to the following Baltimore County Bar Association Members named by The Daily Record as Leading Women and honored at a reception held on December 7th at the Westin Annapolis.
may visit from out-of-town. We want to make sure they’re comfortable and entertained. Volunteering to help those in need may be part of your holiday plans. Did I mention decorations, grocery shopping, cooking and hosting special meals? And, what about searching for that special gift? Even if you shop online, it still takes time and you hope that all the ordered gifts arrive before the holiday.
Lauren B. Ades
With all the obligations and activity, it’s no surprise that some miss the joy of what is supposed to be “the most wonderful time of the year.”
Pessin Katz Law Erin Christen Miller Goodell, DeVries, Leech & Dann, LLP
So, is there a solution? In recent years, the practice of “Mindfulness” has gained popularity as a way of helping to reduce stress and enjoy life. According to Psychology Today, mindfulness is “a state of active, open attention on the present… Instead of letting your life pass you by, mindfulness means living in the moment and awakening to experience.”
Laurie M. Wasserman
Perhaps the practice of mindfulness can help us better enjoy the holiday season and appreciate who (and what) is most important in our lives. Perhaps we also need to recognize that we don’t have to accept every invitation to every social activity. And, if we’re hosting the holiday meal, maybe some guests can bring part of the meal or at least beverages. If you prefer to prepare the entire meal, maybe someone else can be designated to do cleanup. Sometimes, delegating tasks can be a wonderful thing.
Tydings & Rosenberg
As for those clients who want their cases settled before the end of the year? Just do the best you can…
Judges, Attorneys, Law Clerks and Law Students interested in participating as volunteer faculty on Friday, April 15, 2016 at CCBC Catonsville, please contact Lisa Y. Settles, Esquire, Pessin Katz Law, for more information. lsettles@pklaw.com; 410-339-5783.
Happy Holidays. Hon. Vicki Ballou-Watts, President Baltimore County Bar Association December 2015
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December 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
E VENTS
Program/Event Registration Form can be found on page 21 Individual flyers can be found with the online registration for each program on the website calendar.
December 2015
Executive Council Keith R. Truffer Michael W. Siri Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles
OF
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Family Law: The New DCM, 5-6:30 p.m., Mezzanine 08 Tech Comm: Getting Your Office Ready for E-Filing, Noon, Mezzanine 08 Annual Holiday Party, 6 p.m., Towson Tavern, York Road Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Circuit Court Practice Tips/Concerns from the Bench, 5 p.m., Mezzanine 08 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room E&T: Special Needs Trusts and ABLE Accounts, 5 p.m., Mezzanine 08 Technology Tips for Attorneys 2.0, Noon, Mezzanine 08 Young Lawyers’ Holiday Lunch & Toy Drive, 12 p.m., Mezzanine 08 ‌ thru January 4, 2016 - BAR OFFICE CLOSED COURTS CLOSED
Doris D. Barnes Thomas S. Basham Associate Editors
Banquet Tickets Are Available through Friday, January 15, 2016
Contributing Writers
PLEASE reserve your seat soon, as this event may sell out.
C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Keith R. Truffer Laurie Wasserman Catherine F. Woods 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.
January 2016 1 4 12 13 13 14 14 20 28
COURTS & Bar Office CLOSED Courts and Bar Office REOPEN Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Family Law Info Session & Happy Hour: ADR, Mediation & Collaborative Law, 5-6:30 p.m., Mezzanine 08 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room Solo & Small Firm Committee Program, Noon, Grand Jury Room Family Law Info Session & Happy Hour: Contribution to Real Estate Expenses: Crawford Credits Old and New, 5-6:30 p.m., Mezzanine 08 Annual Black Tie Banquet, Hunt Valley Inn, Wyndham Grand, 6:30 p.m.
Membership Renewal Invoices and Black-Tie Banquet Information were mailed on November 15th.. If you have not received your invoice, please call Maxine, 410-337-9103.
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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December 2015
COURT NOTICES From the Chambers of Ruth Ann Jakubowski NOTICE TO THE BAR CHRISTMAS VISITATION DISPUTES 2015 The Family Law Judges, Judges Norman, Stringer, Nagle, Alexander, King and Cavanaugh, will be available to consider Christmas visitation disputes from Monday, November 24, 2015 through Friday, December 18, 2015. To obtain intervention of the Court, contact LaRue, in the office of Judge Ruth A. Jakubowski, at 410-8872628 to be assigned one of these Judges on a rotating basis. Once you are assigned a Judge, you may contact that Judge’s chambers. You will need to have the following information available: 1. 2. 3. 4. 5. 6. 7.
Name of the Case Case Number What the last order, if any, states with regard to visitation Name and telephone number of attorney or party on the other side What efforts (stating facts) you have made to reach an agreement with the otherside The specifics of what you are requesting as relief The specifics of what the other side has offered, if anything
NOTICE TO THE FAMILY LAW BAR FINALIZING DIVORCES PRIOR TO YEAR END The Circuit Court has set aside docket time on December 21st and December 28th to set in hearings on divorces in uncontested matters where parties or counsel seek to have the matter finalized within the 2015 tax year. In order to have the case set for hearing, all matters must be resolved, the grounds for divorce must be ripe, and the case must be at issue (i.e. an answer filed or an order of default entered with the 30 days to move to vacate having run). If you wish to have a case set in for hearing on one of these days, please contact Civil Assignment at 410-8872660. Cases are being set for hearing at 9:30 a.m., 11:00 a.m. and 1:30 p.m. In order to ensure the case can be heard and the final Judgment can be docketed, please have the following when you appear:
Proposed Final Judgment of Divorce “White Sheet” Payment for any open Court Costs
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December 2015
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December 2015
BENCH/BAR COMMITTEE RECAP by Fred Allentoff appearance before a Commissioner in non-jailable and non-summons criminal matters, extending the time from the current forty-five (45) days. Given this additional opportunity to retain counsel, criminal defendants should be advised that appearing without counsel may be deemed by the court a waiver of the right to counsel.
The third meeting of the Bench/Bar Committee was held on November 12, 2015. After Chairperson Mary Sanders called the meeting to order, minutes of the prior meeting were approved and accepted. Thereafter, the Honorable Kathleen G. Cox confirmed that the county judicial nominating commission had forwarded its list to the Governor’s Office ; however, interviews to fill the vacancy created upon Judge Timothy J. Martin’s retirement had not yet been scheduled. Judge Cox also reported that as part of the business process analysis being conducted, the jury trial prayer process is being reviewed. Meanwhile, as work on the front steps and a portion of the walkway near completion, the County Council will be visiting the courthouse on December 1, 2015. It is anticipated that a major renovation will soon be underway, which shall include removal of the outside fountain due to persistent leaking. Following up on the topic of court infrastructure, Timothy H. Sheridan, Court Administrator, reported that the boiler problems (evidenced by the ever present mechanical contracting trucks) should be resolved shortly.
Judge Vicki Ballou-Watts then provided us with the President’s Report. By now you should have received your membership invoice for 2016, which seeks to gather additional demographic information on the reverse side. Be sure to complete this information when you remit your dues. Your responses will assist the association with programming and to maximize the benefits of membership. Judge Ballou-Watts then reported on changes to this year’s rapidly approaching Bar Banquet which will be held on January 28, 2016 at the Hunt Valley Inn. A notice of this event was included with your invoice. While the venue will be the same as last year, this year there will be an open pre-dinner reception to be held on the first floor, followed by the banquet on the lower level. By necessity, this will limit the number of attendees who can be accommodated, but will avoid having some segregated from the main event. Tickets will be limited, so BCBA members are encouraged to plan accordingly and buy your tickets early. To encourage this, there is discounted pricing for early ticket purchases. The keynote speaker for this annual gala shall be announced at a later date.
The Honorable Alexandra N. Williams informed the Committee that she anticipates ground will be broken in January (yes, 2016) on the new Catonsville District Court. Of course, that is dependent upon funds being allocated by the legislature for this project in the upcoming session. Judge Williams also advised us that trial dates will be set for sixty (60) days following the defendant’s
The BCBA website is being updated to make it more user-friendly with the capable assistance of Tim Bojanowski. It is hoped that these changes will result in greater traffic, and a rollout should occur by the middle of December. Should you encounter any difficulties with the new site, please bring those to the attention of the bar office. Other events planned include the BCBA holiday party on December 3, 2015 at the Towson Tavern and the Young Lawyers Holiday Party scheduled for December 17, 2015.
Professional Office Space In heart of Towson (Washington & Chesapeake Avenues) available for sublet. Use of conference room, waiting area, internet, copier.
Contact ken@kenpragercpa.com 410-828-4749 THE ADVOCATE
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December 2015
BENCH/BAR COMMITTEE RECAP Continued from page 6 Leonard Shapiro, on behalf of the Criminal Bar, voiced concerns over the apparent lack of a uniform postponement policy for misdemeanors in the Circuit Court for Baltimore City, which is creating unnecessary confusion and chaos. He suggested to Ms. Atkins that she may wish to address this with the Baltimore City court administration. He also expressed displeasure that trials in which private defense counsel are involved are being moved to the end of the docket behind pleas taken by public defenders and selfrepresented defendants. Judge Williams responded and stated that it is the policy of the District Court, as with most courts, that shorter matters are typically called first.
Sheryl Atkins, our Baltimore City Bar Association liaison, reported that the Court is in the process of studying the arraignment process in the Circuit Court. Additionally, the Baltimore City State’s Attorney Office is holding its Winter Solstice on December 3, 2015 at Martin’s West and all those not attending the BCBA holiday party are invited (just kidding). Actually, all are invited. Debra Schubert, the Harford County liaison, reported that the Juvenile Court in Harford County will be moving down the street from the Circuit Court. She then informed us that the recently added divorce ground of “Mutual Consent” [Md. Ann. Code, Family Law Art. Sec. 7-103(a)(8)]
Debra Thomas, substituting for Sondra Douglas, Chair of the Family Law Committee, reported that the November 10, 2015 program on cross examination of the custody evaluator organized by Julie Landau was well attended and deemed a success. Also discussed was the upcoming Adoption program which was held on November 18, 2015 and a workshop on Differentiated Case Management set for December 1, 2015. Further commentary on those events will be included in next month’s report.
Please see page 33 of this issue for a “Wish List” of items needed by Itineris. You may drop items off at the Bar Office. Thank you!
Following the conclusion of the Committee’s regular business, we had the distinct pleasure of welcoming Sharon M. Tyler of the Baltimore County Department of Corrections. Ms. Tyler is Program Manager of Alternative Sentencing Programs administered by the DOC. She provided us with a summary of these alternatives to incarceration, eligibility, recidivism rates, etc., and supplied a handout listing the applicable criteria for consideration in each program. This handout is highly recommended for members with a criminal defense practice and are available to you in the Bar Office. In the event you have any questions regarding these programs and/or the suitability of a client for participation, Ms. Tyler has invited you to contact her via email: styler@baltimorecountymd.gov.
which took effect October 1, 2015 was a topic of that association’s meeting. Specifically, the question discussed was whether a corroborating witness is required, and if so, what should the witness be prepared to corroborate. Debra informed us that a chart is being prepared which will track the requirements imposed by jurisdiction and will be made available to all those interested. Safe side advice suggests that you have a corroborating witness available to testify regarding the residency of the parties, the existence of the marriage, and that the parties have no minor children. Mary Sanders commented that Senator Robert Zirkin intends to clarify this issue through legislation in 2016.
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December 2015
A WA R D N O M I N AT I O N S S O U G H T JUDITH P. RITCHEY ACHIEVEMENT AWARD
Prior Recipients of This Award Include:
Criteria: 1. Bar Association member. 2. Significant constructive impact on Bar Association activities during the past year. 3. Largely unrecognized for these efforts. 4. Adding to the proficiency, respect and reputation of the Bar Association. Many will recall that Master Ritchey died in the prime of her life. When you enter Courtroom 2 “Judy” Ritchey is looking over you. Her portrait sits with other distinguished jurists from our Bench. After practicing for many years in Owings Mills, Judy broke the gender wall in Baltimore County when the Bench appointed her Juvenile Master. Master Ritchey served the children of this County with intelligence, compassion and diligence. Never satisfied to run the mass of cases through, Master Ritchey tried to reach every child before her and do what was best. She did this at great personal sacrifice because it required her to work well into the evening on many days. Judy Ritchey also participated in many Bar projects. In spite of deteriorating health, she performed in Leonard Jacobson’s last production. Judy Ritchey was a mentor and a giver.
2003
Sharon A. Christie
2005
Jay D. Miller
2006
C. Carey Deeley
2007
Dana O. Williams
2008
Caroline A. Griffin
2009
Anne Talbot Brennan
2011
Master C. Theresa Beck
2012
Suzanne K. Farace
2013
Judge S. Ann Brobst
2015
Magistrate Jacquie E. Dawson
Master Ritchey is indelible in our memories and irreplaceable in our hearts. She epitomized the best of the Baltimore County Bar Association. Nominations should reflect her character and spirit and be of active or retired members of the highest reputation. Nominations must be submitted in writing to the Bar Association Office no later than 4:30 P.M. on February 2, 2016. Each nomination should include information in support of the candidate. Nominations will be reviewed by the committee for recommendations and forwarded to the Executive Council for selection.
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December 2015
E XECUTIVE C OUNCIL V ACANCY DEADLINE for submitting Letter of Interest is December 31, 2015 The Baltimore County Bar Association Nominations Committee is now accepting letters of interest for the Executive Council At-Large Vacancy. A letter of interest should be addressed to the Nominations Committee, c/o Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, Maryland 21204. Letters of interest should include a professional resume, a list of bar association activities, committee involvement and leadership positions, and any additional information the applicant would like the Nominations Committee to consider. Deadline for submissions is December 31, 2015, 4:30 p.m. Letters can also be submitted via email to doris@bcba.org.
WELCOME NEW MEMBERS At the recommendation of Alaina L. Storie, Chairperson of the Membership & Admissions Committee, the following attorneys were approved for membership at the November 10, 2015 Executive Council meeting:
Law Students Kemahl Franklyn Leon Nemirovsky
First-Year Barred Elizabeth Loebl
2-5 Years Barred Steven Heinl Robert Stegman
Gov’t/Non-Profit Maurice Frazier Virginia Reed
6+ Years Barred Stephen Cornelius Gregory Hare
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December 2015
FAMILY LAW DINNER - STATE SENATOR BOBBY ZIRKIN by Angela J. Silverstein The Family Law Dinner on October 22, 2015 was held at the Hunt Valley Golf Club and was well attended. The guest speaker was State Senator Robert Zirkin. Last year was Senator Zirkin’s first year as Chair of the Judiciary Committee and he was happy to share with the Family Law Section legislation presented in 2015 and to be presented for 2016. Senator Zirkin shared that over the past year the following legislation was presented: 1) mutual consent divorce – Senator Zirkin shared that the legislature felt that people should not have to wait a year to get divorced if they had everything worked out. He further stated that it fixes the issue of “separate and apart”, meaning that couples could continue to reside under the same roof if they so wished. Unfortunately the legislature could not go so far as to extend this option to individuals with minor children. 2) Delegate Kathleen Dumais presented legislation that would alter the grounds for Limited Divorce. 3) State Senator Michael Hough sought to alter the circumstances under which the local Department of Social Services, in a Child In Need of Assistance proceeding, could seek a waiver of reunification efforts of minor children and parents. This included instances of torture or sexual abuse. 4) Additional family law legislation included a required policy to prepare children exiting group homes for entry into the real world; expanding
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Protective Orders to individuals that had a sexual relationship in the past year; and introducing an additional line in the Final Protective Order for “any other relief necessary”. Senator Zirkin shared upcoming legislation proposed for 2016 which included a bill on access denial of minor children – an emergency hearing would be made available to parents rather than having to show physical harm to the child; and the mutual consent divorce will be clarified so as to not necessitate corroboration. Finally, the Custody Commission Bill was discussed as it relates to a presumption of joint custody. Senator Zirkin said that the presumption was not presently in the bill and many members wanted it included. The issue of de facto parenting is not going anywhere in 2016. Senator Zirkin, as usual, was excited and passionate about the past legislation efforts of himself and other members. It seems there shall be many exciting developments in Family Law for the upcoming year.
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December 2015
DIRECT & CROSS-EXAMINATION OF CHILD CUSTODY EVALUATORS By Dempsey Nash On September 17, 2015, the Maryland Court of Appeals adopted new Rule 9-205.3 governing approval and appointment of persons to perform assessments and evaluations in actions where child custody or visitation are at issue. The Rule takes effect January 1, 2016. It sets forth the requisite educational and licensing qualifications for custody evaluators, and requires that these mental health professionals possess current knowledge in the areas of domestic violence, child neglect and abuse, family conflict and dynamics, child and adult development, and knowledge regarding the emotional impact of divorce and separation on children and adults. The new Rule prescribes mandatory elements for inclusion in all custody evaluations. It also establishes the process for providing oral and written evaluation reports to the court. Testimony from custody evaluators was a focus of a dinner and forum hosted by the Family Law Committee on November 10, 2015. The program included a mock direct and cross-examination of Mary Stengel, LCSW-C, custody evaluator and volunteer witness, by two seasoned family law advocates for the benefit of bench and bar. Attendees were provided with a fact pattern to peruse in advance of the demonstration. It involved a custody dispute rife with bad behavior, verbal and physical altercations between spouses, alleged child abuse and CPS involvement, theft, parental alienation, and a plethora of other dysfunctional components. Wendy Meadows conducted a pragmatic direct on her poised and well-prepared witness, in order to establish that Ms. Stengel was a qualified custody evaluator. On cross, Julie Landau attacked the experience and credibility of the witness, and the evaluator’s questionable reliance on the results of certain psychological testing deemed unreliable by other professionals in the field. Ms. Stengel gave a brief summary of the evaluation process following her “testimony,” including initial contact with parties, individual interviews with parents, home
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visits, contact with liaisons, compilation and review of relevant documents (including academic records, criminal history, medical and mental health records), and
disclosure of recommendations to counsel and the court. Following the presentation, a three-judge panel provided feedback and shared key factors they have considered when deciding custody cases. The panel judges were The Honorable Colleen A. Cavanaugh (Circuit Court for Baltimore County), The Honorable Angela M. Eaves, (Circuit Court for Harford County), and The Honorable Yvette B. Bryant (Circuit Court for Baltimore City). The panel judges collectively acknowledged the importance of having both parents play a significant role in the lives of their children whenever possible, and where the health and safety of a child are not in jeopardy. The judges also discussed factors they will consider when attempting to discern facts and achieve balance in custody disputes, some of which are listed below:
whether there is a safe home environment; whether there are healthy parental attachments and the extent of any unhealthy parent/child relationships; whether there are sufficient facts to support allegations of abuse; whether either or both parents actively involve the children in parental conflict and attempt to alienate the other party; Continued on page 12
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December 2015
DIRECT AND CROSS EXAM Continued from page 11
where allegations of abuse are present, they will attempt to determine the degree, frequency and intensity of the alleged abuse, the timing of the allegations, and whether the conduct was ongoing or an isolated incident; whether a child has witnessed violence in the home, and the impact of this on the children; whether one or both of the parents suffer from mental illness, and whether the parent has demonstrated compliance with treatment and/or medication management; and the presence, nature and effects of any cross-cultural issues on the family dynamic.
These items, and more, are available for sale by clients of Itineris, the BCBA-designated Charity for 2015-16. Many items will be available at the December 17th Young Lawyers’ Luncheon, and in the Bar Office. Great items for that “special” gift!
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When parties are unable or unwilling to resolve custody issues on their own, judges necessarily shoulder the enormous responsibility of resolving these disputes by a process that demonstrates thoughtful consideration of relevant evidence and the child’s best interest. Custody evaluators will continue to play an important role in the objective collection and assessment of this information; the new Rule 9.205.3 will be a test by which counsel may establish or challenge the credibility of the evaluator and the integrity of the process. Many thanks to our participants: The Honorable Colleen A. Cavanaugh, The Honorable Angela M. Eaves, The HonorableYvette B. Bryant, Mary Stengel, LCSW-C, Wendy S. Meadows, Esquire, Julie Landau, Esquire, and Program Chair, Sondra M. Douglas, Esquire.
December 2015
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 year-round, 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 at www.baltimorecountycouncil.org provides helpful information as well.
Program Open Space process. Section 32-6108 of the County Code contains the procedure that authorizes a developer to pay a fee to the County in lieu of providing local open space in a proposed development. These fees are established by the County Administrative Officer, at least once every 2 years, based upon the zoning classification of land and the uses of the land and the public purposes. The fees are required to be proportionate to offset the County’s cost of acquiring recreational land. The recommended schedule of fees is sent to the Council for adoption by resolution. Bill 84-15 provides that the fees adopted pursuant to this process may not be reduced below the established amounts.
At its November 2, 2015 Legislative Session, the Council passed the following: Bill 78-15 – Recreational Space – Reports – in an effort to bolster the transparency of the County’s Program Open Space, the Bill requires the County Administrative Officer to provide an annual report to the County Council regarding local open space, and the collection and use of fees related to open space. The report must include information related to the amount of fees in lieu of providing open space that are assessed or collected; the specific local open space projects funded with fees; the name of each development project and address in which the project is located; a list of waivers requested, granted or denied, including the rationale for the grant or denial; and the cost of open space projects funded with fee in lieu revenues.
Bill 85-15 – Stormwater Management Fee -- In April 2013, the County Council passed Bill 20-13, which established a stormwater remediation fee as required by State law. In March 2015, the Council passed Bill 9-15 that reduced the rates for the stormwater remediation fee by one-third. Subsequent to that action, the Maryland General Assembly repealed the requirement that a county stormwater remediation program must include a stormwater remediation fee. In adopting Bill 9-15, the Council provided that if the Maryland General Assembly repealed the Watershed Protection and Restoration Act of 2012, or otherwise altered the manner in which a county is required to comply with the Act, the County Council would review the provisions of Bill 20-13 to determine if the County’s Stormwater Management Program should be amended and if the stormwater remediation fee should be reduced or repealed. During the 2015 Session, the General Assembly removed the requirement that a separate stormwater remediation fee be collected. Bill 85-15 thereby reduces the current rates for the fee for FY 2017, effective July 1, 2016, by approximately another third, and repeals the stormwater management fee altogether for FY 2018, effective July 1, 2017. Please see Bill 85-15 for the specific fee schedule. The executive branch will be responsible for developing a budget plan that relies upon other revenue sources, such as general obligation bond financing, to ensure that Baltimore County continues to meet state and federal stormwater management requirements.
Bill 79-15 – Basic Services Maps – the Basic Services Maps are designed to aid the County in providing public services (water, sewer, and transportation) in an amount that facilitates the level of growth allowed by the current zoning. This growth management system applies inside the Urban Rural Demarcation Line (URDL). There are a variety of exceptions to the Basic Services Map standards. In addition, a special variance may be requested from any of the standards. Bill 79-15 adds an exception that exempts any development in one of the 17 officially designated Commercial Revitalization District from the Basic Services Maps standards. At its November 16, 2015 Legislative Session, the Council also passed the following: Bill 84-15 – Recreational Open Space Fees – the Bill is yet another effort to provide transparency to the
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December 2015
PRO BONO VOLUNTEER OF THE YEAR 2015 by Hasson Barnes
Each year the Baltimore County Bar Association, by way of its Pro Bono Committee in conjunction with various partners (to include but not limited to, the Local Pro Bono Committee, Maryland Legal Aid, Women's Law Center, and Pro Bono Resource Center), nominates and ultimately awards an attorney that has shown a commitment to providing quality pro bono legal representation with the Volunteer of the Year Award. This year's award recipient is attorney Chester Hobbs, of Bodie, Attorneys at Law. Attorney Hobbs has been committed to providing pro bono representation for more than 20 years, and has been a dedicated volunteer for Maryland Volunteer Legal Service for much of that time. An award reception is held each year to formally present the Volunteer of the Year with the award. For this year, as in past years, special thanks goes
Hobbs and gave him a great tribute that resonated the sentiment that providing pro bono service is important for the legal community and has wide ranging impacts, from supporting the agencies charged with providing quality legal representation for the indigent, to increasing the esteem of the legal profession in the eyes of the community. Attorney Hobbs, for his part, accepted the award with grace and in his acceptance speech, expressed his appreciation and how touched and honored he was to be the recipient of the Volunteer of the Year Award. He also spoke about the culture of volunteerism that exists at his office pointing to the dedication and support of his staff (one of whom
to Pessin Katz Law, P.A., who held the reception to honor attorney Hobbs on October 27, 2015. Both the Honorable Vicki Ballou-Watts, President of the Baltimore County Bar Association, and the Honorable Kathleen Cox, Circuit Court Administrative Judge, gave speeches congratulating attorney Hobbs and advocating the virtues of pro bono service. Their speeches reaffirmed the judiciary's recognition of the need for pro bono representation. Attorney Bonnie Sullivan, Executive Director of Maryland Volunteer Lawyers Service, introduced attorney
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December 2015
PRO BONO VOLUNTEER OF THE YEAR 2015 Continued from page 14
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December 2015
HISTORICAL PERSPECTIVES: by Jeffrey R. Scholnick YEAR TWO OF THE BCBA. The Association was Young and the President was Little, John Mays Little The second year of the BCBA officially began on May 4, 1921, the date of the second Annual Meeting. At that meeting the Treasurer gave his first report. The books “showed that twenty-seven members had paid their dues, making a total in his hands of $27.00.” The dues at that time were a mere one dollar! The Treasurer also reported that $20.75 was paid for the cost of printing copies of the Constitution and Bylaws. There were no other bills the entire year. Based on his careful calculations, the Treasurer reported that he had a balance on hand for the Association of $6.25. This was not an organization awash in money! During the meeting, the Vice President for the first year, John Mays Little, was elected as President. Who was John Mays Little? Little was born in Parkton, Maryland in 1876. According to the book, “Men of Mark in Maryland,” by Lynn Meekins (published by B.F. Johnson, Inc. in 1910), Little received his B.A. from Western Maryland College, and taught school for a number of years. Little was principal of the 7th District School (per the Baltimore Sun on June 11, 1900) and later the Roland Park School (Sun, August 22, 1901). He then received his law degree from the University of Maryland in 1903. He took post-graduate courses at the University of Chicago. His first job as an attorney was with Frank I. Duncan, who would later
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be appointed as a Baltimore County Circuit Court Judge (Sun, October 3, 1903). Little was a member of the General Assembly in 1908 and was the organizer and President of the First National Bank of Parkton. He joined the National Guard. He was a director of the Union Telephone Company (Sun, June 30, 1905). He was Vice President of the MSBA from 1917 to 1918, per the book “Law Notes, Volume 21,” Edward Thompson Company, Law Publishers (1918). Like his predecessor, Elmer Cook, Mr. Little appeared before the Maryland Court of Appeals on a number of occasions. Little’s presidency with the BCBA was marked by the establishment of a number of working committees including: the Portrait Committee; a Committee to improve the Land Records index system; and a Bar Library Committee. The first two Special Meetings of the BCBA were held that year. The intensive work of the Portraits, Land Records and Bar Library Committees could not wait for the next Annual Meeting. The tranquil first year of the BCBA gave way to the activist nature of the members who clearly were becoming more comfortable with their role in this nascent association. One of the highlights of Little’s presidency was the ceremony, on December 5, 1921, unveiling the first fifteen portraits of Judges and members of the bar who practiced in Baltimore County. An article in the Sun the next day stated that “The exercises were largely attended by the families and friends of those honored.” These portraits still hang today in Ceremonial Courtroom 5, in the Old Courthouse Building. John Mays Little died on August 24, 1949, a day after his 73rd birthday. According to a September 1, 1949 article in the Baltimore Sun, he left a considerable gift of half of his residuary estate to Loyola College.
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Continued on page 17
December 2015
HISTORICAL PERSPECTIVES Continued from page 16
I have included with this article a photo of John Mays Little, from the “Distinguished Men of Baltimore and Maryland, (Baltimore American Publisher, 1914), p.86 (available on the web at http://ia341028.us.archive.org/3/items/ distinguishedmen00balt/ distinguishedmen00balt.pdf). The photo gives us the impression of a mild tempered man, who spent his time toiling over law books, out of the public eye. But, this belies his convivial, extroverted personality- the Baltimore Sun of Little’s era is full of articles, from as early
as 1900 and through the end of the 1940’s, detailing festivities and parties at which Little was among the guests in attendance. There are similar regular articles about celebrations of the Masons in which he was the master of ceremonies. He was on the Board of Directors of the Maryland State Fair in the 1930’s (Sun, December 8, 1931). He represented clients not only in banking and real estate matters, but also divorces and serious criminal trials. Little’s affable personality brought the members of the BCBA together to begin the work necessary to build on the groundbreaking efforts of the first President, Elmer Cook. Under Little’s tutelage, the journey forward had begun.
CURRENT TRENDS IN COMMERCIAL LEASES by Douglas L. Buirgess
The Baltimore County Bar Association Real Property Committee presented “Current Trends in Commercial Leases” on November 17, 2015 as one of its Brown Bag lunch Series.
that they have received in the nature of brokerage advice. This level of sophistication as well as the relative bargaining position of the parties has a great effect on the latitude within which the attorney can operate to consummate the lease deal. Mr. Burgess then went through a sample lease red line and talked about edits an attorney can make to a proposed lease.
Chris Mudd, Chair of the Committee introduced Doug Burgess, Chris Wright and Tim Gardner, the presenters. Chris and Tim are with the commercial real estate brokerage firm of KLNB in Towson, MD and presented the current trends from the potential client’s perspective including site searches, space and utilization analysis, market surveys, leasing terms, timing and planning needs. Also discussed were listings, offering statements, brokerage, term sheets, letters of intent, parties, use, term, rate, tenant improvement, parking, signage, visibility, access, space and calculation of space, triple net lease, gross lease, pro forma budget, escalator, renewal term, expansion rights.
Many hand outs were presented including the following: lease review checklist and request for proposal. Mr. Burgess also presented Commercial Real Estate Contracts to the Committee on January, 14, 2015. Materials related to both presentations can be obtained from the Baltimore County Bar Association office.
Doug Burgess, attorney, gave his perspective on lease review and negotiation. He noted that potential clients have varying levels of sophistication. Some potential clients have a high level of knowledge based on the representation
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The Real Estate Committee will continue its series of Brown Bag lunches in 2016 with other topics.
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December 2015
MDEC - COMING TO A BALTIMORE COUNTY COURTHOUSE NEAR YOU … IN A FEW YEARS! by Robert K. Erdman, Jr. On Thursday, November 12, 2015, the Honorable John P. Morrissey, Chief Judge of the District Court of Maryland, and his law clerk, Lauren E. Kitzmiller, Esquire spoke to the Baltimore County Bar Association about the Maryland Electronic Courts (MDEC) project and the mandatory e-filing requirements that are associated therewith.
To those of you not yet ready to abandon the tangible case file – fear not. While e-filing will be mandatory, MDEC will also provide paper copies of pleadings when specifically requested. Additionally, the current version of the online Maryland Judiciary Case Search will be replaced with an improved online case search service that will provide attorneys the ability to view and print pleadings and papers filed in a particular case. As with all things law-related, Chief Judge Morrissey encouraged everyone to familiarize themselves with Title 20 of the Maryland Rules, appropriately named “Electronic Filing and Case Management”. In addition to e-filing and electronic case records, another benefit of the MDEC system is the ability to serve documents electronically, if there is an agreement between attorneys. Furthermore, the Statewide Uniform Subpoena Form is already available online to all registered users.
Quelling many rumors from the onset, Chief Judge Morrissey began his presentation by telling the standing-room only crowd that he believed that the mandatory e-filing requirement would not become reality in Baltimore County until the end of 2017. He said that he was optimistic that, by that time, MDEC staff will have resolved many of the glitches, problems and unintended consequences that became apparent when the system was first unveiled.
After Chief Judge Morrissey explained the MDEC system, and the benefits it will provide to the local bar, Ms. Kitzmiller led a step-by-step demonstration on how to file a Complaint. As she went through the process, Ms. Kitzmiller offered the following pieces of advice: The Rules no longer require a “wet” signature; they require “/S/”;
Chief Judge Morrissey explained that the idea behind MDEC was to create a single, Judiciarywide case management system that would be used by all courts in the state court system. In short, when fully-implemented, MDEC will create an electronic case record that will replace the paper version we know today. It will allow all courts – from District Court to Circuit Court to the appellate courts – to access complete records as cases travel from place to place, which will improve and expedite the administration of justice in Maryland.
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December 2015
MDEC - COMING TO A BALTIMORE COUNTY COURTHOUSE NEAR YOU ‌ IN A FEW YEARS! Continued from page 18 There are four main reasons why a filing will be rejected: Lack of signature; Missing Certificate of Service; Missing Certificate of Redaction; and The wrong pleading was filed. While it will certainly take some time to learn the new process, once MDEC is fully implemented, Baltimore County will become a part of a full-service court management process that will improve and enhance our ability to create, display, track and archive court case records.
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December 2015
MEET MAGISTRATE CATHERINE WOODS by Jennifer Lester Catherine Woods joined the Circuit Court for Baltimore County as the newest Magistrate in late September of 2015. From June, 2015, until September, Magistrate Woods worked as a temporary Magistrate, initially filling in while Magistrate Dawson was on medical leave.
exclusively in the area of family law, I grew to immensely enjoy the mediation component of my practice. I also found the cases in which I represented children to be very interesting and rewarding. I began to think that I would be better suited to being a Magistrate (then Master).
Magistrate Woods brings over twenty-one years of experience in family law to the bench. After graduating from the University of Baltimore School of Law in 1994, Magistrate Woods began her legal career in family law where she worked for two different solo practitioners for a combined eight years before opening her own solo family law practice. I was fortunate to have a conversation with Magistrate Woods the last week of October.
Q: How do you envision your approach as a Magistrate?
Q: Why did you decide to pursue a career in family law? A: My interest in family law grew out of my lifelong interest in psychology. My second career choice was psychology. My interest in how people interact with each other, why they do what they do, etc., naturally led me to the field of family law.
Q: Why did you decide to leave private practice after twenty-years as family law attorney? A: I entered the practice of law in 1994 and shortly thereafter began integrating mediation into my practice. Over time, while practicing generally
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Q: What do you find most challenging so far? A: Hearing cases involving so many pro se litigants has been somewhat challenging. Before becoming a Magistrate, I was aware that there were many pro se litigants; however, I did not register the fact that probably 65% or more of my cases would involve unrepresented parties.
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A: I try to always remember what it was like to be in private practice - the problems posed by “difficult” clients, time and money constraints, challenges when there is one pro se litigant and one attorney, the added complications of substance abuse and/or mental health issues. I, like so many, always admired how the Honorable Timothy Martin handled so many difficult domestic matters over the years. I often think of the pragmatic, caring and wise way he handled cases as a guide.
This is a huge issue for the court and I am happy to be part of a new project to try to help pro se litigants. The Status Conferences, which are now being held fairly regularly, bring in approximately 20 cases at a time. The cases involve those that have been identified as stagnant. We try to help the individuals
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MAGISTRATE WOODS Continued from page 20 in these cases by determining what needs to be done to get the case moving; helping to resolve open issues where possible; and/or holding uncontested divorce hearings; or scheduling mediation. Q: What do you enjoy doing in your free time? A: I enjoy spending time with my husband, Matt (who many in the community may know is an attorney who handles insurance cases for State Farm), and two children, Lauren (15) and Ryan (12). When we are relaxing as a family, our favorite thing to do is to watch the Amazing Race. I particularly love this show because traveling is one of my favorite things to do whenever/ wherever possible. In fact, my third career choice was to be a travel writer for “Travel and Leisure.� Q: Where have you traveled to, and where have you not gone that you want to go? A: I have been to a dozen or so countries in Europe, as well as Egypt, Peru, Ecuador, Turkey, Mexico and the Caribbean. The top three countries on my bucket list are: China, India, and South Africa - although travel to these destinations are undoubtedly a long way off.
U p c o m ing Ev e n ts
COMMITTEE REPORTS All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found on the website at www.bcba.org.
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December 17
YL Holiday Luncheon
January 28
Black-Tie Banquet
March 10
Wines Around The World
April 3
YL Bull & Oyster Roast
April 26
Supreme Court Admission
June 2
Golf Tournament
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December 2015
AWESOME events! Hope you were able to be there! Register online for future events!
Where will we see you next?
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December 2015
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 Non-Member December 9, Criminal Law Circuit Court Practice Tips
FREE
$20
December 15, Special Needs Trusts and ABLE Accounts December 16, Technology Tips for Attorneys 2.0
FREE FREE
$20 $20
December 17, Young Lawyers Holiday Lunch
$10/donation
$20
January 13, ADR, Mediation and Collaborative Law
$10
$20
January 14, Solo & Small Firm Committee Program January 20, Family Law: Crawford Credits
$0 $10
$20 $20
January 28, Annual Black Tie Banquet Tickets purchased after January 8, 2016
$90 $120
$100 $150
Deadline to purchase tickets is January 15, 2016
Name(s) Telephone Address City State Zip Email Amount Enclosed Menu Choice (if applicable) Name on C/C Today’s Date Billing Address City State Zip Email Amount authorized MC/Visa/Discover/American Express Card No. Expiration SEC# (on back of card) Signature____________________________________________________________________________
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CIVIL LAW UPDATE by Ceecee Paizs
Review of the November 2015 Amicus Curiarum reveals the following case:
violated MLRPC 8.1(a) and 8.4(a), (b), (c), and (d).
COURT OF APPEALS:
The Court of Appeals held that Young knowingly worked as a home improvement contractor without a valid license, a misdemeanor offense, and further compounded this intentionally dishonest conduct by making false statements to both the DLLR investigator and Bar Counsel. Disbarment is the proper sanction for intentionally dishonest conduct absent compelling extenuating circumstances, which Young failed to provide in this case.
Attorney Grievance Commission v. Matthew Richard Young, Misc. Docket AG No. 28, September Term 2014, filed October 20, 2015. Opinion by Barbera, Mary Ellen, Chief Judge Matthew Richard Young, an attorney licensed in Maryland, began to work as a home improvement contractor. Using his brother’s MHIC license number, he represented that he was a licensed contractor to potential customers. His brother later testified that he had not given Young permission to use his license nor to contract for work through his LLC. After one customer, the McCarty’s, refused to pay him additional fees due to their dissatisfaction with his work, Young sued the McCarty’s in District Court. Contemporaneously, he filed a complaint for unpaid fees against the Woods, who also refused to pay additional fees due to dissatisfaction with his work. After a judgment was entered in favor of the McCarty’s, he dropped the case against the Woods. In both cases, the District Court found that Young’s suit was frivolous and filed in bad faith. Based on written complaints to the Maryland Home Improvement Commission, an investigation was initiated by the Department of Labor, Licensing & Regulations. During this investigation, Young stated that he had a license, and eventually provided a number. The investigator later learned that the number belonged to the brother. Subsequently, Mr. McCarty filed a complaint with the Attorney Grievance Commission. In response to the notification by Bar Counsel of the complaint, Young stated that he would provide proof of licensing upon further request. Bar Counsel dismissed the complaint based on this representation. When Mr. McCarty filed a second complaint, Bar Counsel filed an action against Young. The hearing judge found that there was clear and convincing evidence that Respondent
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COURT OF SPECIAL APPEALS: Morgan Stanley & Co., Inc. v. John D. Andrews, Jr., No. 935 September Term 2014, Filed October 1, 2015. Opinion by Berger, Judge. Morgan Stanley obtained a judgment against John D. Andrews, Jr. and attempted to garnish a joint account on which John D. was a signatory with his Father. Father sought to block the garnishment, contending that the only reason that John D. was listed as a joint owner of that account was to facilitate his management of home improvements at Father’s home. The trial court denied Father’s motion and request for a hearing under Maryland Rules 2-645(i) and 2-643(e). Father noted a timely appeal. In an unreported decision, the Court of Special appeals held that the trial court erred in denying Father’s claim without a hearing and remanded the matter without an opinion on the ownership issues. Following an evidentiary hearing, the trial court found that all of the funds in the account were determined to come from Father and that he maintained primary control of the account, only providing sufficient checks to John D. to allow him to pay specific vendors providing services for the home improvements. The trial court ruled in favor of Father based on clear and convincing evidence that the funds in the joint account belonged solely to Father. Morgan Continued on page 21
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CIVIL LAW UPDATE Continued from page 24
Stanley timely appealed. The Court of Special Appeals affirmed, holding that the fact that funds are held in a joint account on which a judgment debtor is a named owner and authorized signatory creates a presumption of ownership which can be rebutted. The Court of Special Appeals considered approaches taken in other jurisdictions which have addressed the issue of the availability of garnishment of jointly owned accounts. The Court found that there is a difference between legal and equitable title of funds in an account. The Court adopted the majority rule and held that a co-owner of a joint account can rebut the presumption of ownership by providing, by clear and convincing evidence which portion of the account belongs to each coowner. In this case, the Court concluded that the clear and convincing evidence established that Father was the sole owner of all funds held in the joint account. The Court affirmed the trial courts determination that the account at issue was not subject to garnishment based on a judgment against John D. alone.
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December 2015
New Hours The Law Library’s hours are 8:30am to 4:30pm Monday through Friday. NEW ACQUISITIONS The Law Library added many new and interesting books in November including:
Avoiding Bad Depositions: A Simple Guide To Complex Issues by Janet Kole. This little book is a must-read for new attorneys as well as those wanting to brush up on how to deal with challenging witnesses such as the “Rambo Opponent” and the “Valley Girl” witness. Additionally, the book covers the basic rules everyone needs to know to conduct proper depositions. Just in time for the travel seasons we have Cancelled, Delayed, Grounded: Law for the Frustrated Air Traveler by Cecil Kuhne. This book reads like a case book for Aviation Law 101 with a collection of 22 cases arranged as chapters that begin with a summary of the case followed by analysis of the pertinent legal theory. For example, how much can you recover when your prized dogs are checked in as baggage and die in-route due to an airline’s actions? Preparing For Trial: 60 Days And Counting by Bruce Felmly. The title says it all, and serves as a complement to our MICPEL Anatomy of a Trial: A Primer for Young Lawyers by Paul Mark Sandler. Urban Agriculture: Policy, Law, Strategy, and Implementation by Chumbler et al. discusses the benefits and pitfalls of undertaking urban farming. Some of those legal pitfalls include agricultural regulation and noise from livestock. Street Art, Public City: Law, Crime And The Urban Imagination by Alison Young may provide fodder for attorneys who want to argue that their client isn’t guilty of vandalism, but is a “street artist.” The book does have an international perspective; however, a section on New York brings this book to the U.S. CDs The Law Library has a collection of supplementary data CDs that may be rented from the library. Up to 4 disks may be taken out for up to a week. A deposit check must be provided at $25 per disk. More detailed information about the CD rental policy can be found on our website http://www.baltimorecountymd.gov/go/ lawlibrary. Recent CD updates and additions to our collection include: Maryland Litigation Forms & Analysis, Maryland Domestic Relations Forms, and Qualifying & Attacking Expert Witnesses.
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December 2015
STATE, LOCAL LAWS & ZONING COMMITTEE DINNER by Renee Phillips-Farley
On November 4, 2015, the State, Local Laws & Zoning Committee of the Baltimore County Bar Association held a speaker series with Andrea Van Arsdale at the Country Club of Maryland. This series was titled The Proposed Towson Overlay District: Redevelopment of Urban Centers in Baltimore County. The evening began with a relaxed cocktail hour followed up by a delicious dinner prepared by the Country Club, which included a choice of Grilled Filet Mignon, Double Lump Crab Cake, Stuffed Shrimp, or Chicken Saltimbocca. The evening was hosted by Priscilla Carroll who welcomed the attendees and introduced Ms. Van Arsdale. While participants enjoyed their food, Ms. Van Arsdale spoke of the Towson overlay district, a new plan that would exempt some development projects in the Towson urban zone from the suburban zoning regulations that govern setbacks, height, floor area ratio, density and parking. Instead of these regulations, the new plan would require a more intensive design review process. Ms. Van Arsdale noted that people’s preferences have changed over time and there is newfound desire is to have a more walkable, mixed use approach to design, current zoning in Towson does not address this desire. Developments in the overlay district would be subject to reviews by the County's Design Review Panel and a County Ad-
ministrative Law Judge. This new plan is an attempt to simplify the messy zoning regulations at work in Towson and hopefully bring new and much needed development into Towson’s urban core. There are currently 10 separate designations or plans governing development in Towson and that too many contradictory regulations hinder development. The guidelines are broken down into six general categories: block configuration and site design, parking, outdoor site design/streetscape, building principles/architecture, building materials and lighting and signage. The implementation of the proposed overlay district will occur in five steps, from the creation of the overlay district to the adoption of the overlay district map. The intention of the proposed design guidelines is to provide a clear, comprehensive, and concise document that outlines the level of design quality expected of all proposed improvements located in the Towson Urban Center. Development that is currently in the pipeline will hopefully transform Towson from its “suburban village” image to the urban center that has been planned and envisioned. If you have questions regarding the Towson Urban Center Overlay District, please contact the Department of Planning at (410) 887- 3480.
The BCBA-designated charity for 2015-2016
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December 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 RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK JUDGE PHILIP N. TIRABASSI 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 410-512-2053 410-337-5291
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December 2015
V O LU N T E E R S N E E D E D
J
oin Baltimore County’s finest members of the Judiciary and Bar on 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.
Y
ou really can make a difference! To volunteer as faculty for one of these sessions, or for more information, please contact Lisa Y. Settles (410-339-5783; lsettles@pklaw.com), Chair of the BCBA Public Awareness & Speakers Committee.
Any Baltimore County high school student, or BCBA Members’ child(ren) (if in another jurisdiction) are eligible to submit an essay based on the ABA-designated theme, Miranda, More Than Words Details of the contest, criteria, and deadline can be found on our website under the Law Day Committee Report. THE ADVOCATE
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December 2015
CRIMINAL LAW UPDATE by Robert C. Lidston The November Amicus contains three Court of Special Appeals decision which may be of interest. Phillips v. State, No. 456, September Term 2013, filed October 27, 2015 (opinion by Friedman, J.). Phillips was charged with two counts of first degree murder. At trial, the State sought to introduce DNA evidence which was deemed by the court not to be automatically admissible under Courts and Judicial Proceedings subsection 10-915. That evidence had been analyzed by a county DNA laboratory with procedures validated by the FBI Quality Assurance Standards for Forensic DNA testing laboratories. There was, however, no certification that the analysis performed according to the standards of either the Technical Working Group on DNA Analysis Methods (TWGDAM) or the DNA Advisory Board as required by the statute. Because of this, the trial court held a Frye-Reed hearing and determined that the evidence was admissible as generally acceptable in the relevant scientific community.
Phillips was convicted of both counts of first degree murder and appealed to the Court of Special Appeals. He argued that the trial court was correct in excluding the DNA evidence as not automatically admissible under CJP subsection 10-915, but that it erred in concluding that the evidence was admissible under Frye-Reed because the laboratory had failed to apply a stochastic threshold in its analysis. He also contended that his Sixth Amendment right to a public trial had been violated when the trial court temporarily closed the courtroom during jury instructions. COSA affirmed the convictions. It decided that CJP subsection 10-915 was obsolete because it required that, to be automatically admissible, a DNA profile had to include certification that the analysis was performed by either of two organizations that no longer existed - TWGDAM or the DNA Advisory Board. COSA opined that the proper way to deal with a statute that is obsolete on its face is to look to the legislature’s intent and try to effectuate that intent in the present legal and factual environment. In the Phillips matter COSA concluded that the legislature intended to create a statute that would track cutting-edge DNA science and provide automatic admissibility only if the DNA techniques complied with the standards set by the most rigorous standard-setting body available. SWGDAM is currently responsible for recommending rigorous DNA analysis standards to the FBI. Such an analysis would be automatically admissible under the statute if certified by SWGDAM. Unlike SWGDAM recommendations, though, the FBI Quality Assurance Standards do not reflect most recent advances of DNA analysis. Consequently, such an analysis conducted under the FBI Quality Assurance Standards may be admissible, but it is not automatically admissible under CJP subsection 10915. With regard to the Frye-Reed argument, COSA decided that the prosecution sufficiently demonstrated that the laboratory analysis used was
Continued on page 31
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CRIMINAL LAW UPDATE Continued from page 30 admissible because the laboratory had complied with the FBI Quality Assurance Standards, the minimum national standards for laboratories, and because forensic laboratories commonly used the same methods used by the county laboratory in question. Though the use of a validated stochastic threshold may be current best practice, the failure to use such a threshold does not make an analysis "junk science." A generally accepted methodology had been used as required under Frye-Reed. COSA also decided that the right to public trial had not been violated when the trial court temporarily closed the courtroom to persons who wanted to enter or exit during jury instructions. The court had made repeated efforts to insure that anyone who wished to be present was already in attendance. Hall v. State, No. 2757, September Term 2013, filed September 30, 2015 (opinion by Reed, J.). Hall was charged with malicious destruction of property, burglary, and theft. At trial, the prosecution introduced evidence that within two weeks after the burglary, Hall sold nine pieces of jewelry that were stolen from the burglarized home. The first of the sales to a pawn shop was on the same day as the burglary. Additionally, over defense objections, a state police officer was offered and accepted as an expert in reading cell site data and plotting it on a map. The officer testified that based on Hall’s cell site date, he was in the vicinity of the burglarized home around the time that the burglary had occurred. Hall was acquitted of the malicious destruction charge but convicted of burglary and theft. Hall appealed to COSA. He contended that the trial court erred in ordering him to pay restitution for damage to the front door of the burglarized home when he had been acquitted of malicious destruction of that front door. Hall also contended that the officer was not sufficiently qualified to testify as an expert on the plotting of cell site data and that the evidence was insufficient to support his conviction. COSA affirmed the conviction. It held that there was no error in ordering Hall to pay restitution for damages related to the front door. Criminal
Procedure subsection 11-603(a)(1) allows a sentencing court to order restitution "if, as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, unlawfully obtained, or its value substantially decreased. " That Hall was acquitted of the malicious destruction of the door did not affect whether the door damage was a "direct result" of the burglary, which it was. The trial court had not abused its discretion in permitting the officer to testify as an expert. In State v. Payne, 440 Md. 680 (2014), the Court of Appeals had affirmed earlier holdings that cell site evidence may only be admitted through the testimony of an expert. The earlier appellate decisions had held that cell site evidence was improperly admitted through the lay opinion of a police officer. In the Hall matter, though, the officer who testified on the cell site data had been accepted as an expert. The earlier decisions were not extended to prohibit police officers from ever being qualified as experts in cell site data plotting. In the Hall matter, the trial court had not abused its discretion in accepting the officer as an expert because he was sufficiently qualified under Rule 5-702. The evidence admitted at trial was sufficient to support Hall’s conviction. Under Molter v. State, 201 Md. App. 155 (2011), COSA held that the appellant’s unexplained possession of recently stolen property was sufficient in and of itself to permit the jury to infer that he committed the burglary and theft. Sammartin Prado v. State, No. 1078, September Term 2014, filed October 2, 2015 (opinion by Wright, J.). Sammartin Prado was convicted on an agreed statement of facts of second degree child abuse. He was a legal permanent resident of the United States and, after serving his sentence, he was arrested by Immigration and Customs Enforcement and underwent deportation proceedings. He filed a writ of coram nobis, contending that his attorney failed to properly advise him of the immigration Continued on page 32
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CRIMINAL LAW UPDATE Continued from page 31 consequences of his conviction. He stated that he would not have proceeded on an agreed statement of facts if he had known of the deportation risk consequent to his conviction. His writ alleging ineffective assistance of counsel was denied by the circuit court and he appealed to COSA. The matter was reversed and remanded by COSA. Defense counsel for a non citizen criminal defendant must give an unqualified and unambiguous explanation of the deportation risk of a criminal conviction. The instruction by Sammartin Prado’s attorney that he was "possibly deportable" was not adequate under federal precedents, and, therefore, Sammartin Prado had a viable ineffective assistance of counsel claim. COSA reversed the circuit court’s denial of the coram nobis petition and remanded the case to determine, in light of the improper advice by defense counsel, whether Sammartin Prado was prejudiced by that advice.
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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December 2015
The following items are needed by Itineris, this year’s BCBA-designated charity. Please feel free to drop your donations off at the Bar Office and they will be delivered. In advance, thank you for your generosity.
White paper 20 sets of noise cancelling Head phones (for music and for noise control) Fitness items (Balls, medicine Balls, light weights, bands, et.) Calculators Cleaning supplies Art Supplies Batteries (All sizes) Cooking supplies (Measuring cups, Pans, pots, Baking sheets) Flour, sugar, salt, sprinkles (basic cooking supplies) Board games Extra Lap tops (2) Ipads (2) vacuum Video camera Karaoke machine Bikes/Adult tricycles Padding for resource room
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Fake register and scanner Fake food (fruit, cans , etc.) Stress balls Laminator (Industrial sized) Laminate Sheets Board Maker Velcro Index Cards Yellow Hi-liters Papermate Color Pens Large PECS Communication books Extra Sentence Strips Extra Insert Pages Small PECS Communication books Extra Insert Pages ASL computer program? Single hole puncher Index cards Magic markers Colored pencils A large paper shredder
December 2015
Committee Programs CLE Committee
Informational Sessions Mezzanine 08, 5-6:30 p.m., followed by Happy Hour in Towson January 13, 2016 January 20, 2016 Evening Series Mezzanine 08, 5-6:30 p.m. February 11, 2016 March 16, 2016 April 20, 2016 May 18, 2016
Mezzanine 08 March 2, 2016, Noon Magical Mystery Tour - Behind the Scenes Tour of the Circuit Court April 6, 2016, Noon Peace/Protective Orders May 4, 2016, Common Mistakes: Avoiding Attorney Grievance September 7, 2016 District Court Personal Injury Cases: Proving Damages
Law Day 2016 Miranda, More Than Words
Criminal Law Committee
To be celebrated on Monday, May 2, 2016
Mezzanine 08, 5 - 6 p.m. December 9, 2015 February 10, 2016 April 13, 2016 June 8, 2016
Student Essays are due by April 16, 2016. The flyer with criteria is available at http://www.bcba.org/ site/wp-content/uploads/2015/10/2016-Essay-student -flyer.pdf Committee Meetings Scheduled: February 2, 2016, 5 pm March 3, 2016, 5 pm April 5, 2016, 5 pm All meetings will be held in Mezzanine 08
Entertainment Committee
January 28, 2016, Black-Tie Banquet March 11, 2016, Bowling @ Mustang Alley April 26, 2016, Supreme Court Group Admission April 30, 2016, Hillwood Estate Tea and Garden Tour, Washington, D.C. June 2, 2016, Golf Tournament
NOMINATIONS for the Judith P. Ritchey Aware are now being accepted, through February 2, 2016. See criteria on page 8.
Estates & Trusts Committee Mezzanine 08, 5 p.m. December 15, 2015, Special Needs Trusts Act
Memorial & Recognition Committee
Family Law Committee Dinner Programs, 6 p.m. March 24, 2016 April 7, 2016, Joint Program with BABC THE ADVOCATE
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 the members. Thank you.
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December 2015
Committee Programs Those members who will be honored at next year’s service on November 17, 2016, at 3:30 p.m., include: Robert William Cannon Robert Edward “Boz” Joy Charles E. “Chuck” Brooks Charles E. Norton, Jr.
Negligence, Insurance & Workers’ Comp Mezzanine 08, 5-6:30 p.m. February 18, 2016 Workers’ Comp - Vocational Rehabilitation May 3, 2016, followed by a Happy Hour Medical Malpractice Matters
February 17, 2016 Technology in the Courtroom To be scheduled Social Media for Marketing & Investigation Cloud Computing
Also look for monthly articles beginning next month on technology tips, apps, practice software, case management, etc. If you are interested in writing one of these columns, please contact Rob Erdman, 410296-3630.
Young Lawyers Committee December 17, 2015, Noon, Holiday Lunch
Public Awareness & Speakers Committee Civics & Law Academies April 15, 2016 @ CCBC Catonsville If you are interested in volunteering as faculty, please contact Lisa Y. Settles.
Real Property Committee Mezzanine 08, 12 - 1:30 p.m. Brown Bag Lunch March 8, 2016 May 10, 2016
State, Local Laws & Zoning Committee Dinner Programs, 6 p.m. February 4, 2016 March 3, 2016 April 13, 2016
Technology Committee
Anniegrams are an assortment of greeting cards created by Annie Taubenfeld. Annie is a young woman with autism who enjoys brightening up other people’s days with these sweet, original Anniegrams.
Mezzanine 08 December 16, 2015 Technology Tips for Attorneys 2.0
A pack of eight cards (and envelopes) will be available for purchase in the Bar Office.
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December 2015
Signature Sponsors
Custom order your string-art plaque from Itineris, and know that you are helping an adult with autism remain relevant and confident that they, too, have something to contribute! Contact the Bar Office for more information.
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 Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen 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 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).
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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December 2015
MSBA BOARD OF GOVERNORS NOMINATIONS AND ELECTIONS 2016 This is the annual announcement regarding the nomination and election process for vacancies on the Maryland State Bar Association Board of Governors occurring in June 2016.
The memorandum from Paul V. Carlin, Executive Director of the Maryland State Bar Association dated November 6, 2015, including the Nomination Petition, Biographical Sketch and Instructions for Filing Petitions, can be found on our website, as well as from the Bar Office located at 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204.
Only Class II Governors can be nominated and elected in 2016, since it is an even numbered year. Vacancies will be occurring in the First, Second, Third, Fifth, Sixth, Seventh, Eighth (Baltimore County), Tenth, and Twelfth Districts, as well as two Young Lawyer Governors. Baltimore County will be entitled to two new appointments in Class II for 2016.
Petitions must be filed not later than 5 p.m. on February 15, 2016.
On November 19, 2015, the Baltimore County Bar Association sponsored its annual Memorial Service for members who have passed away since August 2014. The ceremony was held in Ceremonial Courtroom No. 5 of the Old Courthouse, and followed with a reception at CafĂŠ Troia. An article on those honored will be included in the January and February issues of The Advocate.
Ann Marie Cordial, Judicial Assistant to Family Law Magistrates Brown and Woods, welcomed family, friends and distinguished guests to the Memorial Service playing her Viola. THE ADVOCATE
Members of the Circuit and District Court benches were seated in the Jury Box during the Annual Memorial Service, among the portraits of those who served before them. Page 37
December 2015
HEAR YE, HEAR YE … CALLING ALL LAW CLERKS, JACOBSON’S JESTERS & FRIENDS OF HON. LEONARD JACOBSON
Noted Portrait Artist Kathleen Meredith has been commissioned to render the portrait of the late Honorable Leonard Jacobson. Funds are being received by the Baltimore County Bar Foundation to support this endeavor. Please make your check payable to the Baltimore County Bar Foundation (Memo: Jacobson Portrait Fund), and send or deliver to the Bar Office, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Please include instruction on exactly how you would like your name printed on the program for the unveiling. For those wishing to take a stroll down Memory Lane, and those who have no idea of the hidden theatrical talents of some of the now-senior members of the bar, you are encouraged to visit the Baltimore County Small and Solo Attorney’s Blog penned by Jeffrey R. Scholnick, which includes a couple clips from Justice—All that Jazz.
Baltimore County Bar Foundation, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204 I have enclosed the sum of $
for the Jacobson Portrait Fund.
Please charge the following credit card, in the amount of $
.
Name on Card____________________________________Telephone Number Card No Exp Sec. No. BILLING Address City State Zip Name, as it is to appear in the program: I would like to be notified of the Unveiling Ceremony: via email THE ADVOCATE
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or telephone December 2015
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December 2015
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
Annual Dues Invoice and Black-Tie Banquet information was mailed on or about November 15, 2015. If you have not received your statement, please contact the Bar Office to confirm your contact information. Thank you!
MEMBER ADVERTISEMENTS Towson. Small criminal defense law firm (Spencer Gordon) seeking subtenant for our office at Courthouse Commons, 222 Bosley Avenue, Suite B7. One block from Circuit Courthouse; 15’ x 13.5’ room. Administrative/legal assistant support available. Free parking. Seeking easy-going individual. Financial arrangements negotiable. Call 410-296-2555 or email sajlaw@gmail.com. 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.
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December 2015