Advocate December 2017

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 6

December 2017

PRESIDENT’S MESSAGE

by Adam Thomas Sampson What an exciting time to be a member of the BCBA! At this mid-point of the Bar year, and my term as BCBA President, we have accomplished much of which to be proud, anticipate the joyful gatherings in December to celebrate the holidays, and embrace the exciting opportunity for innovation and growth that change provides.

In November, we gathered in memorial to recognize our members that have passed since August 2016: Hon. Christian M. Kahl; Constance Kellner Putzel; Geofrey K. Calderone, Jr.; Hon. A. Gordon Boone, Jr.; Lewis Leland Fleury; and Robert J. Zarbin.

Thank you Bruce E. Friedman, Esq., Memorial Committee Chairperson, for putting together a wonderful program.

Thank you Judge Kathleen Gallogly Cox for providing opening remarks on behalf of the Judges of Baltimore County, Judge C. Carey Deeley, Jr.

for the Invocation, and Judge Dennis M. Robinson for responding from the bench. And thanks to all of the families, friends, and colleagues of the deceased who shared the many personal and touching memories of each.

We also celebrated National Adoption Day by formalizing the adoption of seventeen children into fourteen loving forever families. Thank you to Judge Sherrie R. Bailey for presiding and to Clerk Julie Ensor and her staff for recording the adoptions. This was a moving celebration that packed Historic Courtroom No. 5. Each adopted child received a teddy bear, an adopting parent received a rose, and the new forever family received a courtesy first photograph together.

We ended the month of November with a fantastic Wine & Whiskey event that raised awareness and over $5,000 for our designated charity, Show

Inside This Edition Annual Sponsors Bench/Bar Report Calendar of Events Civics & Law Academy Committee News County Council Update Court Notices District Ct Assignments Exec. Council Vacancy Judicial Portrait Fund Member Ads National Adoption Day Pet Picture Contest Professionalism Save-The-Date Flyer Veteran Mentors Needed Wine & Whiskey FR

Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg

34 10 3 17 24 14 5 4 2 9 36 20 15 30 8 23 18

J A M S , Signature Sponsor THE ADVOCATE

Page 1

December 2017

PRESIDENT’S MESSAGE

by Adam T. Sampson, BCBA President

Your Soft Side. As a reminder, Show Your Soft Side is a public service campaign to change the mindset of young people who all-too-often view the maiming and torturing of defenseless cats and dogs as a sign of “toughness” or “manhood.” The campaign’s message that compassion toward animals is a strength, not a weakness, is one that, overnight, struck a nerve with old and young alike. Thanks to all who contributed to make this event a success.

Moving into December, the annual Holiday Party at the Towson Tavern will provide an after work opportunity to gather with family, friends, and colleagues to share war stories, memories, and good cheer; while the Young Lawyers Holiday Luncheon will provide the opportunity to gather in the courthouse to donate funds and books to benefit children served by CASA. Looking ahead, the New Year will provide the BCBA an exciting opportunity for innovation while

continuing the many successful activities that have contributed to its past success. As many of you may know, Rachel Fuller has joined the BCBA as an Administrative Assistant. Please stop by the Bar Office and introduce yourself to Rachel if you have not already met her. We will also, for the first time in thirteen years, welcome a new Executive Director after conducting a search to succeed Doris Barnes, who has resigned. We thank Doris for her many years of service and wish her all the best. Moving forward, Rachel Ruocco will serve as the interim Executive Director (while continuing as Director of LRIS) until we hire a new Executive Director.

Stay tuned for more excitement ahead …

Happy Holidays!

Adam T. Sampson, President Baltimore County Bar Association, 2017-2018

E XECUTIVE C OUNCIL V ACANCY DEADLINE for submitting Letter of Interest is December 30, 2017 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 30, 2017, 4:30 p.m. Letters can also be submitted via email to rruocco@bcba.org.

THE ADVOCATE

Page 2

December 2017

C ALENDAR

2017-18 Officers President Pres-Elect Secretary Treasurer

OF

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

The Advocate

December 2017 1 Civics & Law Academy, CCBC Owings Mills, 9 a.m. - 2 p.m.

5 E&T: Succession Planning, 12 p.m., Grand Jury Room 5 CLE: Top 10 Tips for Marketing to Spanish-Speaking Clients, 5 p.m., GJR 6 Annual Holiday Party, 5 p.m., Towson Tavern 7 Young Lawyers Holiday Lunch to benefit CASA of Baltimore County, 12 p.m.

13 Real Property: Distressed property, 12 p.m., Levin & Gann 13 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* 14 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 14 Family Law Brown Bag Lunch, 12 p.m., Grand Jury Room 19 Family Law Brown Bag Lunch, 12 p.m., Grand Jury Room 25 COURTS & BAR OFFICE CLOSED for Christmas 25-January 1 - Bar Office Closed for Holidays

January 2018

David F. Luby Committee Chair Ari J. Kodeck Committee Vice -Chair

Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine Bruce E. Friedman William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Kimberly K. P. Rothwell Jeffrey R. Scholnick Scott D. Shellenberger Alaina L. Storie 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.

1 4 4 9 18 18 25 30

COURTS & BAR OFFICE CLOSED for New Year’s Day Family Law: Marital Property, Noon, County Courts Building Family Law Evening Series: Parenting Plans, 5-6:30 p.m., Grand Jury Room Professionalism Committee Meeting, 5 p.m., Royston, Mueller’s Offices Family Law: Preparing the Custody Evaluator for Testimony, Noon Young Lawyers’ Thirsty Third Thursday, 5 p.m., 7 West Bistro Grille Annual Black Tie Banquet, 6:30 p.m., Delta Hunt Valley Inn Estates & Trusts Committee, Noon, Grand Jury Room *If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9103 x102

A Fond Farewell After serving as the Baltimore County Bar Association Executive Director for 13 years, it is time for me to bid a fond farewell to its members, judges, court staff, sponsors and vendors, that I have had the privilege and honor to work with and come to know as my friends. My husband and I moved my 96 year-old father in with us in late September, and I have decided to be a stay-at-home daughter, and enjoy time with him while he is still healthy.

I am proud of the work I have done here and excited to see where the next Executive Director and Bar leadership will take this great organization.

My best wishes for all the future holds,

Doris D. Barnes THE ADVOCATE

Page 3

December 2017

Please be advised that ALL of the Judges of the State of Maryland will be attending the Maryland Judicial Conference on Wednesday, June 6 through Friday, June 8, 2018 and, therefore, there will be no Judges available on those dates.

THE ADVOCATE

Page 4

December 2017

COURT NOTICES

Notice to All Attorneys As of January 1, 2018, all attorneys filing an initial paper or pleading must include the appearance fee.

If you file an initial pleading without the appearance fee, the pleading will be docketed, but your appearance will not be entered and you will not receive notice of future court dates.

CHRISTMAS VISITATION DISPUTES 2017 The Family Law Judges, Judges Jakubowski, Finifter, Cahill, Stringer, Bailey and Purpura will be available to consider Christmas visitation disputes from through Friday, December 15, 2017.

Only cases that have an ORDER in place on custody/visitation are eligible for Christmas visitation dispute resolution.

To obtain intervention of the Court, contact Abigail Cohen, Family and Civil Case Manager, by email at acohen@baltimorecountymd.gov, or by Fax at 410-296-2362.

The following information should be provided, in writing, to Ms. Cohen:        

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 other side The specifics of what you are requesting as relief The specifics of what the other side has offered, if anything

Ms. Cohen will review the file to determine the appropriate handling to include mediation or referral to a Family Law Judge. If mediation is unsuccessful, the case will then be referred to a Family Law Judge for further handling. Once you are assigned a Judge, you may contact the Judge’s chambers on the next business day.

If a case has been filed along with a response but no custody Order is in place, then the parties may contact the Office of Mediation at 410-887-6570 to schedule a mediation session on the issue of holiday access.

THE ADVOCATE

Page 5

December 2017

COURT NOTICES

POLICY ON SCHEDULING FAMILY CASES WHEN A PARTY IS INCARCERATED The Circuit Court will not issue a Writ of Habeas Corpus to bring a party in a Family case from the jail to attend a Scheduling Conference, a Status Conference, a Child Access Mediation, a Child Access Evaluation or a Settlement Conference. If at the time of initial scheduling of the case, the incarcerated party is not represented by counsel, then the DCM Office shall either contact the attorney for the opposing side by phone and obtain a trial date, or, if the opposing side is unrepresented, simply have the case scheduled for trial on the first available date. If the incarcerated party is represented by an attorney, then a Telephone Scheduling Conference will be scheduled with just the attorneys.

If a party to a Family case is incarcerated at the time of initial scheduling of the case, the case shall only be scheduled for trial. The case shall not be scheduled for a Child Access Mediation or Evaluation, nor for a Settlement Conference, unless it can be confirmed that the party will be released from jail prior to the time of the Mediation, Evaluation or Settlement Conference. If a party becomes incarcerated after a Child Access Mediation, Evaluation or Settlement Conference has already been scheduled, the event shall be vacated and the case shall be set for trial.

Judge Ruth Ann Jakubowski CHILD ACCESS EVALUATIONS Please be advised that the Court has made two modifications in the processing of Child Access Evaluations. The first change is that an Intake appointment will be scheduled with the Family Support Services Office Manager approximately 30 days after the Scheduling Conference, so that parties can (1) sign releases of information for the Family Support Services Office to obtain necessary records (medical, substance abuse, therapy); (2) allow parties to bring in copies of evidence they would like to be considered by the Social Worker for the Evaluation; (3) be informed who their Social Worker will be, including a contact phone number; and (4) arrange an appointment date with the Social Worker for their individual interview. Prior to this change, the Social Worker would do most of these ministerial tasks at the initial meeting between the party and the Social Worker, which would occur much later in the process. The Court is making this change to expedite the entire process, ensure that there are no delays in obtaining necessary information and free up some of the Social Worker’s time. The new procedure will also help the Court determine those cases where a party will not cooperate with the evaluation process much sooner, which will allow for more efficient scheduling of Child Access Evaluations.

Beginning on December 11, 2017, the Intake appointments will be scheduled at the time of the Scheduling Conference and parties will be provided a checklist that will indicate what information to

THE ADVOCATE

Page 6

December 2017

COURT NOTICES

bring to the Intake appointment. For those cases that have already been scheduled for a Child Access Evaluation in 2018, the Family Support Services Office will be sending out a letter to parties scheduling the Intake appointment. Attorneys are permitted to attend the Intake appointment, but there is no requirement that attorneys attend.

The second change regarding Child Access Evaluations has to do with the written report and the collateral documents, including interview notes, which are collected and used by the Social Worker to prepare the Child Access Evaluation report. Beginning December 11, 2017, the Court will only be sealing the Child Access Evaluation report in the court file, not the collateral documents. Those collateral documents will be stored at the Family Support Services Office as an Administrative Record of the Child Access Evaluation. Attorneys and parties in the case may view and take written notes regarding these documents by making an appointment with the Family Support Services Office, but photocopying any of the documents will be prohibited. If an attorney or party wishes to have a collateral document in the Administrative Record considered by the Judge at trial, the attorney or party will need to subpoena the Family Support Services Office and request that the Social Worker or the Coordinator appear and bring the specific document to the courtroom on the day of trial.

Judge Ruth Ann Jakubowski

MOTIONS TO STRIKE APPEARANCE IN SETTLEMENT COURT CASES If an attorney has filed a Motion to Strike Appearance and it has not been ruled on at the time of the Settlement Conference, the attorney MUST participate in the Settlement Conference.

If the Motion to Strike Appearance is ripe and there is no trial date scheduled or the trial date is more than 30 days out, the Settlement Court Judge may rule on the Motion to Strike Appearance after the settlement conference is completed.

If the Motion to Strike Appearance is ripe and the trial date is within 30 days, Settlement Court shall send the Motion to Strike Appearance to Judge Cox after the settlement conference is completed for her review.

Judge Kathleen Gallogly Cox Judge Ruth Ann Jakubowski

THE ADVOCATE

Page 7

December 2017

Where will we see you next?

THE ADVOCATE

Page 8

December 2017

THE ADVOCATE

Page 9

December 2017

BENCH/BAR REPORT

by Bruce E. Friedman The third meeting of the Bar year was held on November 9th.

Following the call to Order by Chairperson Michael Paul Smith, and the approval of the minutes from last month’s meeting, Baltimore County Public Defender, Donald E. Zaremba, expressed his opinion that the Morrissey Plan is working as well as possible, and thanked those who have enabled it to do so. He expects that the number of defendants represented by the Baltimore County Public Defender’s Office will exceed 21,000, the upper end of the range of clients represented in an average year. Jim Sorensen, Circuit Court Supervisor for the PD’s office, added that he senses that there are fewer unrepresented criminal defendants since the Plan was implemented, although there is no data yet available to support his impression.

Dorothy J. Wilson, Administrative Judge of The District Court of Maryland for Baltimore County, provided some statistics that were able to be gleaned.

For example, during the period from October 1st through October 29th, 1924 applications were deemed eligible; and 64 applications at the initial appearance stage, and 46 walk-in applications before a commissioner were deemed ineligible. Of the 15,248 statewide applications accepted, the lion’s share were in two jurisdictions: Prince George’s County and Baltimore City.

Maria Fields, Administrative Clerk of the District Court of Maryland for Baltimore County, advised the committee that electronic subpoenas bearing the name of her predecessor, S. Michael Esposito, are no longer being accepted by the Court. New subpoenas are available. Repairs to the flood-damaged first floor of the Towson location of the District Court are still ongoing, and the operation of all clerk’s offices continues to be held on the second floor.

Julie Ensor, Clerk of the Circuit Court, reminded everyone that Court is closed on the Friday after Thanksgiving, and reported that the target date for electronic filing (MDEC) in Baltimore County has been postponed to February of 2019. While on the topic of e-filing, Ms. Ensor advised that the THE ADVOCATE

Maryland State Judiciary won an award bestowed by the Mid-Atlantic Association of Court Management for the pilot program implemented in Baltimore County for the e-recording of land records documents.

Magistrate Wendy Z. Schenker announced that Family Law judges will be assigned to address Christmas visitation disputes, and that additional dockets will be added to expedite the finalization of uncontested divorces by the end of the year. In cases heard by a Family Division Magistrate, a Submission for Judgment will be necessary to accomplish the goal. Magistrate Schenker also advised that, as of January 1, 2018, all attorneys filing an initial paper or pleading must include the appearance fee. If one files an initial pleading without the appearance fee, the pleading will be docketed, but the attorney’s appearance will not be entered and notices of future court dates will not be sent.

Baltimore County State’s Attorney, Scott D. Shellenberger, advised that his office is facing challenges resulting from the large amount of body camera footage being produced by county police. He indicated that, as a result, responses to discovery requests may be delayed. The County is performing a study to determine how many more techs need to be hired to handle the tremendous volume of footage.

Debra Schubert reported that Judge Victor K. Butanis, District Court of Maryland for Harford County, will retire this coming February, and that Harford County Family Magistrate J. Richard Moore is retiring in March. Timothy H. Sheridan, Baltimore County Circuit Court Administrator, updated the committee on the Patriot Plaza project, advising that the work is proceeding more quickly than anticipated with a new projected completion date of July 1, 2018.

Lenny Shapiro thanked Judge Wilson for making District Court Judges’ schedules available to private attorneys. He opined that delays in the receipt of, and time necessary to view, body camera footage will likely result in continuance requests. In response to

Page 10

Continued on page 7

December 2017

BENCH/BAR REPORT

SHOW YOUR SOFT SIDE

Continued from page 6 Mr. Shapiro’s inquiry, Mr. Shellenberger explained his office’s retention policy for body camera footage.

Generally, the more serious the charge, the longer the retention period. For the most serious cases, footage will be retained “forever”.

Amy Feldman submitted a written Family Law Committee report. From late October through the publishing date of this article, two (2) Advanced BIA Training sessions were held, two (2) Family Law Evidentiary Issues Mini Series seminars were given, and a dinner event and seminar on Domestic Torts was held at the Woodholme Country Club.

Wine & Whiskey Glasses Purchase the 2017-18 commemorative glass today.

The BCBA has a limited number of Riedel 12 oz Wine and Riedel 7 oz Single-malt Whiskey glasses, etched with the BCBA and Show Your Soft Side logos, available in the Bar Office. These are a great compliment to glasses from previous years, which include The American Red Cross, Notre Dame Preparatory School and Itineris. One free glass for a donation of $20. Cash & Carry only, please.

Cash or check payable to the BCBA.

Under New Business, Harry Chase informed the committee that he and John Gontrum will head-up a new committee formed to secure private funding for judicial portraits. The first meeting is scheduled for December 7, 2017.

Donation of $40 or more include a free "Softie" poster!

As the BCBA designated charity, 100% of your donation goes to Show Your Soft Side!

The next meeting of the Bench/Bar Committee is scheduled for December 14, 2017.

SYSS Tee-shirts Show your support and increase awareness of the charity, its mission and purpose. Men and women's sizes available (S, M, L, XL and 2XL). One free shirt for each donation of $20. Orders being accepted at the Bar Office. Cash (or check payable to Show Your Soft Side) & Carry only, please. Donation of $40 or more include a free "Softie"poster!

In advance, thank you for your generosity.

THE ADVOCATE

Page 11

December 2017

FAMILY LAW: DOMESTIC TORTS

The Family Law Committee hosted a dinner program at Woodholme Country Club on Tuesday, November 14, 2017 on Domestic Torts. Presenters were Ronald Ogens, David Diggs, Jack Condliffe and Stephen Cullen.

THE ADVOCATE

Page 12

December 2017

PROGRAM SPONSORSHIPS are available to law firms and other businesses. If interested, please contact Rachel Ruocco, 410337-9103 x102 or rruocco@bcba.org. These sponsorships provide you with an opportunity to market your business directly to members att specific committee dinners and educational programs. In addition to being included on the program flyer, all sponsors will be included in each issue of The Advocate, thanking you for your support.

NAGLE & ZALLER, P.C., 7226 Lee Deforest Drive, Columbia, Maryland 21046; 410740-8100; LAW OFFICES OF AMY M. FELDMAN, Nottingham Center, Suite 101, 502 Washington Avenue, Towson, MD 21204; 410-296-6100; and OFFIT KURMAN, P.A., 300 East Lombard Street, Suite 2010, Baltimore, MD 21202; 410-209-6400.generously sponsored Family Law - November 14, 2017: Domestic Torts, dinner and program.

KAY KENNY and MINNESOTA LAWYERS MUTUAL; 1-800-422-1370 x4367 generously sponsored Technology - October 18, 2017, Hacking & Wire Fraud, and CLE February 20, 2018, Client Communications: Avoiding Malpractice and Ethical Complaints.

THE ADVOCATE

Page 13

December 2017

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 Legislative Session on November 6, 2017, the County Council approved the following: Bill 58-17 – Clean Energy Loan Program – Appraised Value – In October 2016 pursuant to Council Bill 63-16, Baltimore County established a Property Assessed Clean Energy (PACE) Loan Program modelled after a similar program conducted in Montgomery County. The program initially had language capping PACE project loan amounts from exceeding 20% of the full cash value of the property. Also, the loan amount together with any outstanding balance of the mortgage or deed of trust may not exceed 90% of the full cash value, as determined by the State Department of Assessments and Taxation.

However, capital providers have run into issues when the property was severely undervalued or the value was listed in SDAT as $0, for example, for new construction. In order to avoid unintended barriers to the program, Montgomery County amended its legislation to allow private appraisals as a permissible method of determining property value. Bill 58-17 amends the current law to allow the use of private appraisals. The appraised value of a property must be certified by a certified real estate appraiser not more than 12 months before the loan application date.

At its Legislative Session on November 20, 2017, the County Council approved the following: Bill 64-17 – FEMA Fire Prevention and Safety – Smoke Detectors – The Council approved a bill for a

THE ADVOCATE

supplemental appropriation of federal funds totaling $589,048 to the FEMA Fire Prevention and Safety – Smoke Detectors Gifts and Grants Fund program. The funds will be used to purchase 20,000 combination smoke and carbon monoxide detectors as part of a countywide residential smoke detector distribution and installation program. The Fire Department will also identify areas of concentrated poverty and high-fire risk within the County to install the detectors, and will organize canvassing events in those communities and any residence identified as lacking appropriate detectors will be offered the opportunity to have one installed.

Bill 68-17 – Social Host – Unruly Social Gatherings – This bill extends the life of the Social Host – Unruly Social Gatherings Pilot Program. This program was adopted by the Council in Bill 90-15, effective February 1, 2016, as a 2-year pilot program. Bill 68-17 extends the program to November 1, 2022. Further, it redefines the Towson area that is covered by the Program. Rather than defining this area by street designation, as was done in Bill 90-15, the Towson area covered by the law is now defined as the area encompassed within the Towson Precinct of the Baltimore County Police Department.

Appointment – The Council confirmed the appointment

by Councilwoman Vicki Almond of Deborah C. Dopkin, Esquire to the Baltimore County Board of Appeals as the representative of the Second Councilmanic District. Ms. Dopkin is a long-time solo-practitioner in Towson, focusing on zoning and land use matters, real estate, trademark and copyright, and general business matters.

She has also been an active member of the Baltimore County Bar Association. The entire County Council offers its support and sincerest congratulations to Ms. Dopkin on her appointment, and looks forward to her service on this important quasi-judicial Board.

Page 14

December 2017

THE ADVOCATE

Page 15

December 2017

Divorce, or probating an estate. Your client has options when it comes to the real estate.

Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road.

Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com

THE ADVOCATE

Page 16

December 2017

CIVICS & LAW ACADEMY: A MODEL PROGRAM IN MARYLAND The Public Awareness & Speakers Committee has completed the 2017-18 schedule of the Civics & Law Academy with great success, lead by Committee Chair Christine S. Britton and Vice-Chair Adam E. Konstas.

This program was introduced to Baltimore County by then MSBA President Judge Pamila Brown of Howard County. The first Academy was held on a Saturday at Eastern Technical High School.

Embraced by then BCBA President Judge Philip N. Tirabassi, the program was expanded exponentially with the assistance of Prof. Donna S. Mandl, Esquire, Chair of the Law & Justice Program at CCBC and Rex Sheppard of Baltimore County Public Schools.

The vision was to expose high school students not organically exposed to members of the bench and bar (in a positive manner), to members of the legal community, and to the campus of their local community college, to provide a unique experience in civics, and an opportunity to see their potential in a post-high school education environment. Feedback from the students and teacher chaperones has been overwhelmingly positive, and volunteer attorneys and judges have also enjoyed the opportunity to participate in this program.

Needless to say, this inspired the students to really pay attention and participate in all the presentations and plenary sessions!

The success of this program is attributed to the commitment and continued support of the BCBA Executive Council, and the volunteer attorneys and judges who participate as faculty. If you would like to volunteer next year, please contact Adam Konstas (akonstas@pklaw.com) to make sure you receive the dates next year and join the fun.

For this year, we thank the following for their time and talents:

Using a curriculum provided by the American Bar Association, presentations on Rights & Responsibilities, Law & Justice, Power & Empowerment, Free Speech, School Speech & Protected Speech, and Law in a Cyber-Age, are given in three concurrent sessions, and the students are provided with a flash drive that includes the materials on all five presentations. A participation competition between the attending schools ends with a $250 prize awarded to the winning school to use for classroom supplies, or a celebratory breakfast or pizza lunch!

THE ADVOCATE

Page 17

Judge Sherrie R. Judge Vicki Robin Justin E. Bambi Richard Ari J. Adam E. Robert J. Matthew C. Christopher W. Stephen J. Mary R. Lawrence E. Scott D. Judge Norman R. John G. Whitney E. Dana O. Judge Dorothy J. Susan C.

Bailey Ballou-Watts Coffin Fine Glenn Grason VI Kodeck Konstas Leonard Nelson Nicholson Nolan Sanders Schmidt Shellenberger Stone Turnbull III Wilder Williams Wilson Zellweger

December 2017

WINE & WHISKEY FUNDRAISER - NOVEMBER 8, 2017 Special thanks to the following law firms and individuals who generously sponsored the Wine & Whiskey Fundraiser held on November 8, 2017 to benefit the BCBA annual-designated charity, Show Your Soft Side?

Methuselah Sponsors, $500

Magnum Sponsors, $250

Julie R. Arfaa & David C. Ellin Dugan, Babij, Tolley & Kohler, LLC Murtha, Psoras & Lanasa Pessin Katz Law Turnbull, Nicholson & Sanders, P.A.

Leon W. Berg, Esquire J. Norris, Ginny Byrnes & Dogma Byte Right Support Friedman & Friedman Law Offices of Sally B. Gold Gordon Feinblatt, LLC Katz Abosch Julie E. Landau, Esquire Mudd, Harrison & Burch William & Patricia Murphy Rosenberg, Martin, Greenberg, LLP Royston, Mueller, McLean & Reid Marie Van Deusen Zuckerman, Spaeder, LLP

Wine and Whiskey for the tasting was generously donated by Jenny Bradley of Bradley’s Wine & Spirits, as well as a generous, personal monetary donation. Jenny also staffed the event with knowledgeable pourers, including Karen Troxel of Troyer’s Liquors. We thank them all for their time and donations. Please consider stopping by one of their locally-owned stores to stock up for the holidays!

Bradley’s Wine & Spirits 3348 Papermill Road Phoenix, MD 21131 410-628-0428

THE ADVOCATE

Troyer Liquors 17101 York Road Parkton, MD 21120 410-357-4655

Page 18

December 2017

Click the image above for a link to Caroline Griffin’s blog

Special thanks to Tim Bojanowski, Alexa Carney and all staff of Zest SMS for designing the program for this event.

Additional recognition to Kirchmayr Chocolatier for the table full of delicious chocolate delicacies.

9630 Deereco Road Timonium, MD 21093 410-561-7705 www.fineeuropeanchocolate.com

THE ADVOCATE

Page 19

December 2017

NATIONAL ADOPTION DAY Every year, the Saturday before Thanksgiving, National Adoption Day is celebrated across the country. This year, on Saturday, November 18th, Baltimore County celebrated with the finalization of 17 adoptions by 14 families. You read that correctly, and it is not a typo: three families adopted two children each.

A beautiful, sunny fall day, and a full house in Ceremonial Courtroom No. 5 as family members and attorneys arrived, greeted by their social workers, and BCBA staff. Everyone waited patiently (or in the case of some of the children, not so patiently) the beginning of the day’s docket. Musical entertainment was provided by the Baltimore Gamers Symphony Orchestra, playing tunes familiar to most of the children in the room, and few of the adults, as they played theme music from video games!

The Honorable Sherrie R. Bailey entered the courtroom as her husband, Drew Bailey, had the first -time privilege to announce his wife’s arrival with the traditional Oyez, oyez, oyez. The Circuit Court for Baltimore County is now in session, The Honorable Sherrie R. Bailey presiding.

told him, “I don’t care,” and further stated that the blood aspect did not matter to her, and no matter what he was her son. He immediately understood that this statement could be interpreted as hurtful, but she assured him that she considered him her child, despite the fact that she had not given birth to him.

Justin wanted the parents in the room to understand that at some point their “new” children may have similar, natural doubts. And he shared the advice received from a good friend and former member of the orchestra, Anne Marie Cordial (Magistrate Judicial Assistant) who told him that when you look into your heart, you will not be able to tell the difference.

Following Justin, a foster mom who had adopted her oldest daughter in 2015, and a second daughter in 2016, returned today to complete her family and finalize the adoption of her third daughter. All of her adoptions were before Judge Bailey! She shared a poem she wrote to be presented to another adoptive family who were inspired by her story, and finalizing their own adoption today.

Seated in front of Judge Bailey at the bench were The Honorable Judge Julie L. Ensor, Clerk of the Circuit Court for Baltimore County; Lauren Czaplinski, Adoption Clerk; Connie Stacker-Wilson, Court Reporter; and Blake Alderman Wheeler, Judicial Law Clerk to Judge Ruth Ann Jakubowski.

The afternoon concluded with a lunch sponsored by the Baltimore County Department of Social Services, providing an opportunity for everyone to celebrate the new families. The food was delicious, musical entertainment was provided by Larry Polen, Esquire singing and playing his acoustic guitar, and the “balloon guy,” creating animals for the children from balloons.

Welcoming remarks were made by BCBA President Adam T. Sampson, as well as the introduction of Conductress Kira Levitzky of the Baltimore Gamer Symphony Orchestra. Next up was a member of the orchestra, Justin Betzel, 27 years old, with his personal story of adoption. As an adult, he wanted to know from his “Mom” if their relationship would have been different if he were her natural child. She

We would also like to extend a special thanks to the Baltimore County Revenue Authority for providing free parking in the Washington-Susquehanna garage, as well as Mid-Atlantic Properties for allowing the orchestra members to utilize their parking lot at 102 West Pennsylvania Avenue.

THE ADVOCATE

Page 20

December 2017

NATIONAL ADOPTION DAY

THE ADVOCATE

Page 21

December 2017

THE ADVOCATE

Page 22

December 2017

THE ADVOCATE

Page 23

December 2017

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.

BENCH/BAR COMMITTEE This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Michael Paul Smith, 410-821-0070 or mpsmith@sgs-law.com.

January 30, 2018, noon, [Alternate date for Gibber Presentation]. Grand Jury Room.

February 28, 2018, 5 p.m., Gibber Presentation.

Grand Jury Room.

March 28, 2018, 5 p.m., ADR. Grand Jury Room.

April 25, 2018, 5 p.m., Guardianships. Grand Jury Room

CLE COMMITTEE December 5 2017, 5 p.m., Top 10 Tips for Marketing to Spanish-Speaking Clients. Grand Jury Room.

February 20, 2018, noon, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room.

May 9, 2018, 5 p.m., Legislative Update with Orphans’ Court Judges and Register of Wills.

June 26, 2018, Noon, Elective Share Update.

Grand Jury Room.

FAMILY LAW COMMITTEE

April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room.

December 14, 2017, Noon, Wasting of Marital Real Property. Grand Jury Room

ENTERTAINMENT COMMITTEE December 6, 2017, 5 p.m., Annual Holiday Party.

Towson Tavern.

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.

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.

ESTATES & TRUSTS COMMITTEE December 5, 2017, noon, Succession Planning.

Grand Jury Room

Continued on page 28

THE ADVOCATE

Page 24

December 2017

Committee News March 22, 2018, 6 p.m., Sexual Abuse Allegations.

April 12, 2018, Joint Dinner with Baltimore City, Baltimore, Carroll, Harford & Howard Counties, 6 p.m., DLA Piper, Smith Avenue.

May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building.

Spring Mini-Series: Parenting Plans January 4, 2018 February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018

and friends to honor and remember loved ones will be held immediately following the service.

Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program.

NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE 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

LAW DAY COMMITTEE - MAY 1, 2018 Separation of Powers: Framework for Freedom.

Art and Essay Contest flyers available online.

LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application.

PRO BONO COMMITTEE This committee meets on the second Tuesday of each month, September - June, 4:30 p.m. at the offices of Levin & Gann, 502 Washington Avenue, Suite 800, Towson.

PROFESSIONALISM COMMITTEE

MEMORIAL COMMITTEE Please notify Rachel Ruocco 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 next year’s service on November 15, 2018, at 3:30 p.m., include:

Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson.

January 9, 2018 TENTATIVE: April 18, 2018, District Court Judges Program.

PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY

Henry J. Myerberg If you know of any other BCBA Member who passed away (since August 15, 2017), please advise Rachel Ruocco immediately, so they can be included in the service. Thank you. The reception for family

Many thanks to all volunteer attorneys and judges who taught classes this year .

Continued on page 29

THE ADVOCATE

Page 25

December 2017

Committee News REAL PROPERTY COMMITTEE December 13, 2017, Noon, Distressed Property: Real Estate in Bankruptcy, Foreclosure, etc., Levin & Gann, Towson February 21, 2018, Noon, Condos, HOAs, Bowie & Jensen, Towson

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

March 15, 2018, Noon, Tax (assessment) Appeals, Whiteford, Taylor & Preston, Towson May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building SOLO & SMALL FIRM COMMITTEE “Cocktails, Tips & Treats” Networking, CVP November 28, 2017 February 27, 2018 May 29, 2018 YOUNG LAWYERS COMMITTEE

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.

January 18, 2018 February 15, 2018* March 15, 2018 April 19, 2018 May 17, 2018 June 21, 2018* *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!

Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza.

December-February, meet at 401 Washington Avenue, Lobby.

We recommend that runners bring reflective gear, headlamps, etc.

Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.

March 29, 2018, Noon. Judge Colleen A. Cavanaugh and Judge Keith R. Truffer, County Courts Building.

Annual Holiday Lunch & Toy Drive Continued on page 30

THE ADVOCATE

Page 26

December 2017

THE ADVOCATE

Page 27

December 2017

Calling all collectors ‌ if you have Law Day buttons older than 1996, we would be happy to add them to our display. Please drop them off at the Bar Office, thanks!

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

THE ADVOCATE

Page 28

December 2017

Continued on page 22

THE ADVOCATE

Page 29

December 2017

PROFESSIONALISM: REVISING CHARACTER

by William F. Alcarese, Jr.

Attorney-client communications are privileged and, to a greater degree, sacred to the client. It provides the client a sense of security while divulging sensitive information to his or her attorney to assist the attorney in adequately evaluating and preparing the case. Attorneys are entrusted with the faith and confidence of our clients to protect this information.

Rule 1.6(a) of the Maryland Lawyer’s Rules of Professional Conduct states that a lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by subparagraph (b).

Attorneys should always be diligent and cautious to protect attorney-client communications. Should the attorney fail to do so, then he or she may be subject to professional discipline and malpractice.

Moreover, clients should have a thorough understanding of the importance of attorney-client communications and recognize the possible ways the client may deliberately or inadvertently waive the confidentiality of those communications.

I recently came across an online article posted by the ABA Journal where an attorney was subject to discipline in a different scenario involving attorney-client communications. A prosecutor in Indiana was suspended four years for eavesdropping on conversations between an attorney and the client in criminal matters. (http://www.abajournal.com/news/article/ prosecutor_is_suspended_for_eavesdropping_on_attorney_client_conversations/? utm_source=maestro&utm_medium=email&utm_campaign=daily_email). The prosecutor’s actions were an egregious and intentional violation of the code of professional ethics.

As I read the article, I was utterly surprised that the prosecutor knowingly and purposefully listened to confidential attorney-client communications on two separate occasions in separate cases! Naturally, I am curious to know whether it happened more than those two times.

Attorneys should abide by the well-established rules of professionalism. Violating any rules are troublesome for attorneys and damage the public’s perception of the profession as a whole.

The J. EARLE PLUMHOFF PROFESSIONALISM AWARD will be presented at the Annual Black-Tie Banquet on Thursday, January 25, 2018 to

DOMINICK A. GARCIA, BCBA PAST PRESIDENT 2005-2006

THE ADVOCATE

Page 30

December 2017

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

THE ADVOCATE

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

Page 31

December 2017

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 x102, or email rruocco@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

THE ADVOCATE

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 Rachel Ruocco (410-337-9200 x102 or rruocco@bcba,org).

Please join us in welcoming these sponsors and consider their services when you need them.

Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.

Page 32

December 2017

THE ADVOCATE

Page 33

December 2017

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 Rachel Ruocco (410-337-9100 x102) o refer a business!

THE ADVOCATE

Page 34

December 2017

THE ADVOCATE

Page 35

December 2017

The Baltimore County Bar Association

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

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 Randolph 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.

THE ADVOCATE

Page 36

December 2017