Advocate January 2016

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 7

January 2016

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts A New Year and a New Website At the beginning of each year, many of us make resolutions about a specific goal or set of goals.

According to Nielsen Research, the top resolutions for 2016 are: staying fit and healthy, losing weight, enjoying life to the fullest and spending less, saving more.

Organizations set new goals, too, although those plans are often announced at the start of the fiscal year. When the Baltimore County Bar Association (BCBA) bar year began in July 2015, we announced plans to improve our website. And, I am pleased to announce that the launch of the new BCBA website took place on December 18, 2015.

However, we decided to wait until the beginning of 2016 to make the formal announcement in light of the holiday season, the focus on preparing for the annual bar banquet and the desire to identify any last-minute glitches.

If you haven’t visited the BCBA website recently, I encourage you

to do so. A lot of time, thought and effort was placed into creating a website that is informative, user-friendly, aesthetically pleasing and designed to drive more traffic to BCBA’s valuable programs and services.

When you visit the website, the links to relevant information - for the lawyer and layperson - are clearly delineated. The home page features links about member benefits and includes an option to download or print a membership application. If a visitor to the home page “Needs Legal Help,” a link will direct them to the page that explains our American Bar Association – Certified Lawyer Referral Program. And, there isn’t a need to search throughout the site for contact information. The BCBA Lawyer Referral phone number is prominently displayed at the top of the connecting page.

In addition, any lawyer who is interested in participating in our

Inside This Edition Program Registrations Bench/Bar Committee Calendar of Events CL: Cir Ct Practice Tips Civil Law Update Classified Ads Committee Programs County Council Update Court Notices Criminal Law Update FL, New DCM Historical Perspectives Holiday Party Lawyers Assistance New Members Professional Lawyer Ritchey Award Criteria Save the Date Flyer Virtual Office YL Holiday Lunch

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M u l t i - S p e c i a l t y H e a l t h C a r e - Signature THE ADVOCATE

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Sponsor January 2016

PRESIDENT’S MESSAGE Continued from page 1 Lawyer Referral program can go to the website, learn the rules for participation and download the application.

There is a separate icon for “Non-Lawyers.” That link directs visitors to information regarding the Lawyer Referral program, too. However, the connecting page for non-lawyers also directs them to local and statewide pro bono services. This includes information about the BCBA – sponsored “ Lawyer in the Lobby” program which takes place in the Circuit Court for Baltimore County on the second Wednesday of each month for certain civil, criminal and now family law related matters.

The new home page will also offers links for current and past issues of The Advocate. A “Calendar” icon allows members to see details about upcoming Continuing Legal Education (CLE) programs and bar events, print/download the flyer and register for those activities, too.

If you want to identify or contact the BCBA Committee Chairs/Vice Chairs or get an update on any available committee reports, that information can be accessed through a link from the home page.

If you would like to access the transcript for any BCBA Memorial Services held since 2011, you can find it on the Memorial & Recognition Committee’s page.

Answers to frequently asked questions about phone numbers for certain court personnel, the Circuit Court daily docket, court holidays, courthouse identification badges and Veterans’ services can be found on the new website under Attorney Resources, Frequently Used Links. Soon we’ll add an active link for information on our Lawyer Assistance Program.

These are only some of the features on our new website. We’re continuing to upload new information each week. However, please explore it and let us know what you think.

Happy New Year!

Hon. Vicki Ballou-Watts, President, Baltimore County Bar Association January 2016

It’s A Girl !

Executive Director Doris Barnes and her husband, Jim, welcomed their first grandchild on December 8, 2015. Liliana Varga Barnes was born to their son Wade Barnes, and his wife Emilia. Sharing in this excitement is Wade’s mom Gail Florman, and her husband Bill who live in Pikesville; and Emilia’s parents Csaba and Valeria Varga who live in Serbia.

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January 2016

C ALENDAR

2015-16 Officers President Pres-Elect Secretary Treasurer

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

Banquet Tickets Are Available through Friday, January 15, 2016

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

PLEASE reserve your seat soon, as this event may sell out.

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

January 2016

Chair

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

Contributing Writers 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.

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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.

Thank you Keith Franz and Stan Gann for volunteering!

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: Credit Card Processing Options, Noon, Grand Jury Room, County Courts Building, Towson 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.

February 2016 2 9 10 10 11 11 18 18 18

Law Day Committee Meeting, 5 p.m., Mezzanine 08 Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Criminal Law Program, 5 p.m., Mezzanine 08 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room Family Law: The State of Family Law in Maryland, 6 p.m., Fazzini’s Bar Foundation Meeting, 3:30 p.m., Mezzanine 08 Stated Meeting 4:30 p.m.., County Courts Building, Towson NIWC: A Forum on Vocational Rehabilitation, 5 p.m., Mezzanine 08

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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E VENTS

Program/Event Registration Form can be found on page 23 Individual flyers can be found with the online registration for each program on the website calendar.

Executive Council

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January 2016

COURT NOTICES

Maryland Judiciary Office of Communications and Public Affairs 2001 E-F Commerce Park Drive Annapolis, Maryland 21401 410-260-1488

New Rules Concerning Briefs Filed in Maryland’s Appellate Courts Take Effect January 1 (ANNAPOLIS, Md. – December 15, 2015) On January 1, 2016, new rules will go into effect that alter how documents filed in Maryland’s appellate courts will look and how long they can be. The new rules set forth the requirements for type size, spacing, margins, and word count for briefs filed in the Court of Appeals and the Court of Special Appeals, as well as for petitions for writ of certiorari in the Court of Appeals. The new rules are expected to help increase the readability of these documents, as well as standardize their size and appearance.

Under the new rules, the length of briefs and petitions will be measured by the number of words, rather than page length. Litigants will be required to certify the number of words that are in the documents.

Maryland Rule 8-503 sets forth the new requirements for appellate briefs; Rule-8-303, for petitions for writ of certiorari. Rule 8-112 states the new compliance requirement. The form for the Certification of Word Count and Compliance required to be filed with these documents is available on the Maryland Judiciary website.

Overviews of the new requirements and certification forms are available online:  

Filing briefs in the Court of Appeals (www.mdcourts.gov/coappeals/filingbriefs20160101.html) Filing briefs in the Court of Special Appeals, including suggestions for how to determine word count (www.mdcourts.gov/cosappeals/filingbriefs201601.html)

More complete information is available in the rules order filed on September 17, 2015.

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January 2016

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January 2016

BENCH/BAR COMMITTEE RECAP

by C. Carey Deeley Chairperson Mary Roby Sanders convened the December 10, 2015 meeting of the Bench Bar Committee and turned the group’s attention to the reports of its various members as follows.

S. Michael Esposito, Administrative Clerk of the Baltimore County District Court, provided the District Court report. There will be an early release of employees on Christmas Eve and New Year’s Eve. The Court will be closed on Christmas and New Year’s Day.

The Honorable Kathleen G. Cox said that the Circuit Court bench recently met with members of the County Council and a representative of the County Executive’s Office. She considered the exchange to have been productive.

The Governor’s Office may soon appoint a replacement to fill the Honorable Timothy J. Martin’s vacancy. She expects the appointment no later than early February. Christmas visitation issues should be directed to the Honorable Ruth Ann Jakubowski’s Chambers. Judge Jakubowski will divide requests among various Family Court judges. Letter requests should suffice but that Judge Jakubowski will have the last word on the question whether requests need be made by Motion or letter. The Court will accommodate emergency divorces before the end of the calendar year. The last day to obtain such a divorce is December 28, 2015. The Pray Jury Trial issue (PJT) continues to strain the Court’s efficiency.

The Court will soon take up and reexamine its Differentiated Case Management approach to complex civil cases.

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Timothy H. Sheridan, Circuit Court Administrator, offered that the temporary access ramp on the Pennsylvania Avenue side of the Circuit Court will continue to provide access through the end of January.

Work on the boilers continues, accounting for a fluctuation in temperatures in the courtrooms. The Court has improved its efficiency rating as of June 30, 2015 for both Civil and Criminal Case Management.

Scott D. Shellenberger, Baltimore County State’s Attorney, weighed in on the PJT issue, agreeing that it requires continued attention. As an aside, Mr. Shellenberger offered that the number of jury trials resulting from PJT requests is rather minimal.

Suggested adjustments that might impact this issue include reforming how the police charge driving while suspended and how the General Assembly approaches driving without a license. Mr. Shellenberger predicted that body

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January 2016

BENCH/BAR COMMITTEE RECAP Continued from page 6 cameras will be coming to Baltimore County, briefly reviewing the impact of that technology on discovery (video redactions of confidential information) in criminal cases.

Julie Ensor, Clerk of the Court, said that her office is down three clerks for various reasons which circumstance has produced a one week docketing delay.

District Public Defender, Donald E. Zaremba, reported that Carol McCabe is the new Chief of the Mental Health Division.

The Honorable Vicki Ballou-Watts, Bar President, closed the meeting with a review of recent County Bar matters. Judges Ballou-Watts, Robert E. Cahill, Jr., and Jan Marshall Alexander recently conducted a seminar on criminal practice. The Memorial Service, held on November 19, was well done and nicely attended. Judge Ballou-Watts said that word of the Bar Banquet speaker would soon be revealed and updated on the Bar Association’s website. Sales for banquet tickets are brisk.

Immediate Past State Bar President, Deborah G. Schubert, liaison to the Harford County Bar Association, said that Kevin J. Mahoney, of the firm Gessner, Snee, Mahoney & Lutche, P.A., had been recently appointed by Governor Hogan to the Circuit Court for Harford County. His investiture will follow in January.

On behalf of the Criminal Bar, Leonard H. Shapiro likewise weighed in on the PJT issue. A general discussion followed with Judge Cox reiterating that PJT’s currently impact the Court’s ability to timely hear civil and family law cases. The Honorable Nancy M. Purpura asked whether immediately scheduling PJT’s might make a difference, suggesting that the system worked best when Circuit Court trials occurred the same day.

Mr. Shellenberger noted that witness problems often follow PJT’s; witnesses don’t expect to be tied up for the entire day, much less have to return for a later trial.

Sondra M. Douglas, Family Law Committee Chair, reviewed the Town Hall Meeting that addressed DCM issues conducted by Judge Jakubowski on December 1. There will be a Crawford credit seminar on January 20, hosted by The Honorable Judith C. Ensor, Thomas C. Reis, and Frederick L. Kobb.

Alexander C. “Sandy” Steeves, on behalf of the Young Lawyers’ Committee, reminded that the Young Lawyers’ Holiday Party will take place on December 17. Event proceeds go to the Bar Association’s Charity this year, Itineris.

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January 2016

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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January 2016

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 December 8, 2015 Executive Council meeting:

First-Year Barred Danielle M. Dolch

2-5 Years Barred Anthony S. Herman Kasha Leese Jonathan M. Meyer Drake Thompson

Gov’t/Non-Profit Diana Abramowski-Liberto Gregory S. Miller

6+ Years Barred Cynthia L. Leppert Scott H. Marder

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

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January 2016

VIRTUAL OFFICES: ALTERNATIVES TO A TRADITIONAL OFFICE

by P. Hong Le On November 20, 2015, the Solo and Small Firm Committee hosted a brown bag lunch on the Mezzanine level of the County Courts Building.

The featured topic of discussion was, Virtual Offices: Alternatives to a Traditional Office.

Typically, one of the biggest overhead expenses for solo and small firms is the leasing of office space. Although attorneys may save money by practicing from home, or renting space, including the use of a conference room, from other practitioners, these options are not always practical and may even have a detrimental effect on potential business. Clients may be turned off from initial consultations at homes where children are present or the attorney’s personal life coincides with their professional life. After all, clients may be spending thousands of dollars on legal expenses, and they may seriously question signing a retainer with an attorney whose dirty laundry is sitting next to their desk. The presentation explored the pros and cons of leasing a virtual office through various virtual office companies such as Regus, Opus, and Davinci; rather than working from home, or renting or purchasing traditional office space.

The presentation was led by Betty Stemley who, for the majority of her career, worked at the Office of the Attorney General for the State of Maryland, but who recently opened her own private practice in Catonsville. She researched virtual office options extensively before deciding to lease a traditional office space. Ms. Stemley spoke at length and provided an informative handout with respect to her research of the various virtual office companies in the Baltimore Area. She compared virtual office companies by location, services offered, fees, contract requirements, and contact information. She noted that while most of the virtual offices are primarily located in Baltimore County, there are also office locations in the City.

Additionally, while many virtual office companies offer office space with the use of a conference room, additional services are typically provided on an a la carte basis.

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Cynthia Lifson, a solo practitioner located in Columbia, joined in the presentation as a guest speaker who, for the extent of her private practice, has leased a virtual office through Regus. Ms. Lifson discussed her ability to maintain an office expense budget from $5,000 to $7,000 a year through the use of a virtual office.

Although she utilizes a home office for answering telephone calls and drafting documents, her virtual office space provides a professional atmosphere, with the use of a conference room, and a receptionist to assist with deliveries, accepting payments, and picking up and dropping off documents and packages. Her virtual office also allows her to network with other business professionals and eliminate the additional overhead for support services.

The two speakers discussed some of the disadvantages of virtual offices including: the additional expenses for services provided on an a la carte basis; the inability to meet with clients after hours or during the weekend; and having to choose locations based on where the virtual office is located, rather than desired neighborhoods or areas. The speakers also fielded questions from the audience regarding experiences with virtual assistants, and the use of cloud storage for file maintenance.

In all, the Solo and Small Firm Committee was excited to launch this year with an informative and helpful presentation regarding virtual offices and their pros and cons. The next scheduled event hosted by the Solo and Small Firm Committee is a brown bag lunch in the Grand Jury Room of the County Courts Building on Thursday, January 14, 2016 at 12:00 p.m. The topic of discussion will be Credit Card Processing Options for Solo and Small Firms. Information and representatives from banking institutions and credit card processing companies will be present to discuss options available to attorneys who are interested in beginning to accept credit card payments or potential switching services.

All are welcome to attend.

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January 2016

Please see page 36 of this issue for a “Wish List” of items needed by Itineris. You may drop items off at the Bar Office. Thank you!

These items, and more, are available for sale by clients of Itineris, the BCBA-designated Charity for 2015-16.

Many items will be available in the Bar Office and at the Wines Around The World event on Thursday, March 10, 2016 at Notre Dame Preparatory School.

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.

A pack of eight cards (and envelopes) will be available for purchase in the Bar Office.

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January 2016

THE NEW DCM: A FAMILY LAW INFORMATIONAL SESSION

by Craig R. Borchers On a cold and rainy Tuesday evening on the first day of December, over 20 members of the Family Law Bar met for an open and informal discussion of the new Circuit Court for Baltimore County Family Law Differentiated Case Management Plan with the Honorable Kathleen Gallogly Cox, the Honorable Ruth Ann Jakubowski, and Circuit Court Family Law Administrator Richard Abbott.

The current DCM Plan was amended in April 2015 in accordance with a statewide judicial focus on courthouse efficiency, time standards and case management in general. Judge Cox stressed the intention of the Baltimore County bench to remain attuned and aware of time standards, while at the same time retaining a level of reasonableness. A link to the April 2015 DCM Plan can be found at the bottom of this article.

The new DCM Plan is a valuable resource for local Family Law practitioners, which much like the Maryland Rules and Fader’s Maryland Family Law, should be kept within arm’s reach at all time. Among the valuable information contained in the DCM Plan is a thorough breakdown of the Track Assignment Guidelines. An attorney’s awareness of not only the different criteria that determine which of the four assignment tracks a case falls into, but also what assignment in each of those tracks actually means, is of great utility. Judge Jakubowski stressed the importance of front-end case management, which is critical to overall efficiency.

While it is no secret to either Bench or Bar that the Baltimore County Circuit Court is severely undermanned relative to its sister courts throughout the state, there is a concerted effort being made in the courthouse, from judges and administrators, to the clerk and case management offices, to make the most of the resources we have available. It is important that we as practitioners do our part to remain aware of the process so that we too can add to the overall efficiency. In the Family Law arena, that starts with being familiar with the DCM Plan.

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Judge Cox, Judge Jakubowski and Mr. Abbott were receptive and inviting of the commentaries provided by those in attendance, and stressed the benefit of constructive feedback from members of the Bar. Thanks to Program Chair, Angela J. Silverstein, Esquire, who did a wonderful job putting this informative program together. This event represent yet another valuable educational resource made available to members of this Association by The Family Law Committee and Chair, Sandra M. Douglas, Esquire. I hope to see many of you at the upcoming events in January.

LINK: http://resources.baltimorecountymd.gov/ Documents/Circuit/Family%20Law%20DCM% 20Plan%20Revised%20draft%204%208% 202015.pdf

Additional Family Law Committee programs: Dinner Programs, 6 p.m.  February 11, 2016, The State of Family Law in Maryland, Fazzini’s Taverna  March 24, 2016  April 7, 2016, Joint Program with BABC 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.  March 16, 2016  April 20, 2016  May 18, 2016

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January 2016

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.

Baltimore County Bar Association Group Admission to the

Supreme Court of the United States April 26, 2016

The Baltimore County Bar Association is coordinating a Group Admission to the Supreme Court of the United States on Tuesday, April 26, 2016. We will leave Towson, via coach bus, promptly at 6:30 a.m. and return at approximately 4:30 p.m. All applicants and their guest must take the bus to Washington, D.C. in order to participate.

This trip is available for Baltimore County Bar Association members only. Fee, payable to the Baltimore County Bar Association, is $400 per applicant, and $50 additional fee for one guest per applicant. The trip fee includes the $200 application fee which will be paid to SCOTUS, transportation, and a catered breakfast upon arrival at SCOTUS. Please use the links provided below for complete information on the application process. As this trip is limited to 12 individuals to be admitted (and one guest each), applications will be accepted on a first-come, first-serve basis. Inasmuch as the applications and fees must be submitted and approved by SCOTUS several weeks before April 26th, it is not possible to accommodate any “wait list” applicants. Please note, all fees are NON-REFUNDABLE. Completed applications, Certificate in Good Standing, and fees are due in the Bar Office no later than March 21, 2016, for timely delivery to SCOTUS. Small Group Admissions—Argument Days Application

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Bar Admission Instructions Visitors’ Guide to Oral Arguments

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January 2016

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN!

by Catherine F. Woods One hundred and fifty plus (150+) individuals attended the annual holiday Bar party at Towson Tavern on December 3rd. Once again, the event was sold out in advance as word has spread far and wide of the convivial and jolly atmosphere which reigns supreme at the yearly gathering.

This event was one of several throughout the year, to be hosted by Annual Signature Sponsors. We are grateful to Multi-Specialty HealthCare and Tucker & Meltzer for their continued financial support, and it was great to see Bruce Laird and Mark Norris in attendance.

Once a year, Bar members and guests shed their drab and conservative grey, navy and black attire and bring out the bling - the gold, red and green.

Shimmering gold bangles, dangly earrings and red high-heeled pumps abound. Christmas ties, red vests and holiday hankerchiefs are proudly displayed. The Honorable Colleen Cavanaugh wins the prize this year for best holiday attire with her understated, yet elegant mix of red and green plaid dress, sparkly gold pin and bracelets and the finishing touch - gold slippers. Jack Heisler

receives the same honor for the men, donning a daring mix of red vest and green tie. Let me not be remiss by failing to mention Deb Thomas’ new hairstyle - as many attendees brought to my attention and demanded that I include in this article (?).

The food, as always, was scrumptious: blackened tuna with avocado on toast points, lump crab balls with creole mustard, filet mignon on crackers, and lamp chop, to name a few of the delectable dishes being passed around by servers.

Ami Taubenfeld, Executive Director of Itineris (this year’s designated charity) displayed clients’ handcrafted pens, greeting cards, plaques and other items for purchase. For more information on how to order items for gift-giving, go to www.itinerisbaltimore.org.

You will be amazed at the talent and creativity that goes into the creation of these unique items.

All and all, the event was a wonderful way to kick off the season. The Tavern was filled with holiday cheer and laughter throughout the evening. If you did not make the event, put it on your New Year’s list to attend next year. Get your tickets early, as it will be a guaranteed sell-out!

BCBA Executive Council Members Stanford Gann, Michael Siri, President Hon. Vicki Ballou-Watts, President-Elect Robert J. Thompson, Treasurer Rebecca Fleming, Keith Truffer and Lisa Settles.

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January 2016

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

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BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

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BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

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BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

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January 2016

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.

At its December 7, 2015 Legislative Session, the Council passed Bill 86-15 – Manufacturing, Heavy (M.L.) Zone Use Regulations – this Bill amends the uses permitted by right and by special exception for certain large tracts in the Manufacturing, Heavy (M.H.) Zone. The bill would apply to a tract of land that is located in the M.H. Zone with an Industrial, Major (I.M.) Overlay, and with a minimum tract size of at least 2,500 acres that is under common ownership or control. In order to enhance the development – and most importantly, the re-development -opportunities for such a unique tract of land (such as the Sparrows Point peninsula), the bill will permit by right the uses permitted by right in the M.H.- I.M. Zone, as well as the uses permitted by right in the Manufacturing, Light – Industrial, Major (M.L.-I.M.) Zone and the Business, Major (B.M.) Zone. The Bill will also permit by right certain uses that would ordinarily be permitted by special exception. These specific uses are listed in the Bill. The Bill also states that no more than five percent of the area of a tract to which the Bill applies may be used for uses permitted in the B.M. Zone that are not otherwise permitted in the M.H. or M.L. Zone. This limits the amount of purely retail or commercial business uses on the tract.

Finally, the bill allows the uses permitted by right to be processed for development in the same manner as a limited exemption, as authorized by Section 32-4-106(a) of the County Code. Bill 86THE ADVOCATE

15 took effect December 21, 2015.

on

At its December 21, 2015 Legislative Session, the Council passed Resolution 90-15 – Local Open Space Waiver Fees – This Resolution adopts a schedule of fees for local open space waivers. The Local Open Space Waiver fee was established in March 2000 as a reasonably proportionate offset for the cost to the County to acquire alternate recreational land. The law requires the Administrative Officer to review the fees at least once every 2 years and the County Council adopts the fees by resolution. The fee rates were last adjusted in May 2013. Resolution 90-15 readopts the May 2013 fees with a few exceptions: The most recently adopted local open space waiver fee structure applicable to developments affected by the proposed changes (i.e., developments in a C.T. district; R.A.E. and M.L.-I.M. developments in a commercial revitalization district; and dormitory developments for housing not less than 50 students attending an accredited higher education institution) was established through Resolution 63-00 in August 2000. The fee is to be applied retroactively in some cases: the fee adopted in the M.L.-I.M. Zone, the R.A.E. Zone and the B.M.-C.T. District of Towson applies retroactively to a development plan filed prior to the effective date of the resolution. In particular, for a development plan filed prior to the effective date, the fee is 40% of the fee for a development plan for which an administrative law judge written decision has been issued prior to the effective date of this Resolution, and 70% of the fee for a development plan for which a concept plan was filed prior to the effective date of this Resolution, but an administrative law judge decision has not yet been issued as of the effective date. The Resolution recites the fees collected for a development plan pending as of the date of this Resolution and requires that any fees collected be utilized for certain projects, as listed in the Resolution. Resolution 90-15 took effect on the date of its passage by the County Council.

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January 2016

CRIMINAL LAW: CIRCUIT COURT PRACTICE TIPS

by Richard H. Boucher On Wednesday, December 9, 2015, the Criminal Law Committee and Young Lawyer’s Committee jointly hosted a standing room only program titled “Concerns from the Bench/Practice Tips” at the County Courts Building The program featured a panel of Baltimore County Circuit Court judges who very generously agreed to participate for the benefit of the attendees: the Honorable Robert Cahill, the Honorable Jan Alexander, and BCBA President, the Honorable Vicki Ballou-Watts. The attendees ranged from obviously well experienced attorneys to brand new practitioners.

Judge Cahill moderated the program with frequent input and insight from Judge’s Alexander and Ballou-Watts.

The panel initially discussed the criminal postponement policy, the concerns regarding timing and genuine “good cause” for a continuance, and the court’s preference for advance postponement requests rather than the day of trial.

The discussion moved on to the advanced “plea dates and policy.” The panel discussed the recent program of scheduling agreed upon pleas on a special docket before

specially assigned judges. Created to streamline criminal dockets and accommodate counsel, the new program is being utilized well and appears to be both effective and appreciated by counsel who take advantage of it.

The majority of the program, including a substantial question and answer period, dealt with the District Court jury trial prayer situation. Numbers have tripled since 2007 and the panel reviewed both present policy and future possibilities should the situation not improve. The panel reviewed the next day jury trial option as well as other potential options. A great many questions were generated for the panel regarding many different aspects of the jury trial prayer situation and some interesting opinions and debate ensued.

Other issues were touched upon during the presentation but time constraints prevented more substantial discussion. A great debt of thanks is owed all three judges for their participation and insight. The program was an unqualified success and will undoubtedly lay the groundwork for similar programs in the future.

COMMITTEE REPORTS U p c o m ing E v e n ts

All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found the website at www.bcba.org.

Paul E. Alpert, Retired Judge

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

Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals

410-484-2088 THE ADVOCATE

Page 20

January 2016

THE PROFESSIONAL LAWYER When Scheduling, Keep Your Commitments

by Keith R. Truffer Example In a difficult domestic case, wife’s lawyer Starr Tover, Esquire, spends many hours in the effort to schedule the deposition of the husband’s financial expert. After many dates are offered, tentatively accepted and later declined, the parties finally settle on a date for the deposition. On the afternoon prior to the deposition, Lawyer Tover receives the message that the expert “is no longer available” as a result of a sudden need to attend to some unexplained obligation. The expert’s deposition, she is told, will have to be rescheduled. A dispirited Tover ruefully considers the amount of wasted time she spent in scheduling and in preparation for the expert’s deposition, as well as the amount of additional time which will be required for the same purpose.

Baltimore County Bar Association Code of Professionalism: DEADLINES (4) I shall avoid last-minute cancellations or requests for extensions of time except in cases of legitimate necessity…

(7) I shall notify other counsel at the earliest time when hearings, depositions, meetings, or conferences are to be canceled or postponed.

Comment “It is easy to make promises - it is hard work to keep them.”

Boris Johnson Who among us has not felt the frustrating thud of a long scheduled deposition, meeting or hearing being cancelled at the last minute for reasons which, on their face, do not appear terribly urgent? Legitimate emergencies can and do arise. But when an important date has been agreed upon, the Professional Lawyer makes every effort to keep that commitment. Observe your promises and develop a reputation for honesty and reliability.

Holiday Party article can be found on page 14.

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January 2016

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January 2016

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 January 13, ADR, Mediation and Collaborative Law

$10

$20

January 14, SSF: Credit Card Processing Options

$0

$20

January 20, Family Law: Crawford Credits

$10

$20

January 28, Annual Black Tie Banquet Tickets purchased after January 8, 2016

$90 $120

$100 $150

February 10, Criminal Law Program

$0

$20

February 11, Family Law: The State of Family Law in MD

$50

$60

February 18, NIWC: A Forum on Vocational Rehabilitation

$0

$20

Deadline to purchase tickets is January 15, 2016

Name(s) Telephone City Email

Address State Zip 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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January 2016

DEPRESSION IN LAW SCHOOL: IMPOSTURES AND SOCRATES

by Dolan Media Newswire Dr. Shawn Healy October 21, 2015

PROVIDENCE, R.I. - The stats are alarming: Before entering law school, a student is just as likely to have experienced depression as any other adult in the general population (about 7 percent).

After one year of law school, 32 percent of students experience depression. That number rises to 40 percent by the end of the third year.

Imposture Syndrome. Some of those situations have clear paths toward certainty. In medical school, the more you memorize, the more confident you feel to answer questions that have clear answers. Yet some environments, such as law school, inadvertently cultivate the Imposture Syndrome. Why? Enter Socrates.

What is it about law school, the first year in particular, that weighs so heavily on students' psyches? Two particular stressors stick out: the Imposture Syndrome and the Socratic Method.

Lacking certainty One of the most common methods of discussion in law classes is through the use of the Socratic Method, a discussion technique that utilizes a series of questions and answers to encourage critical thinking and problem solving.

Very common, though typically not discussed, the Imposture Syndrome is a phenomenon in competitive or prestigious environments in which a person thinks that everyone else in the group knows more than he does. In addition, those affected often feel like they don't measure up and were admitted by mistake.

The method is great for learning how to think on your feet, think through the various elements of difficult issues, and apply various principles to the same topic. What the method doesn't do is arrive at a clear answer to the questions being asked.

This thought process produces anxiety, as the subject fears that the "secret" will be discovered.

The anxiety usually manifests itself in a significant effort to hide the imposture status, which is usually accomplished by refraining from asking questions (if you ask a question that everyone else knows, they'll realize how little you know), avoiding challenging tasks that might increase the chance of making mistakes, and spending time trying to learn as much as possible in solitude to feel prepared and competent.

One would not use the Socratic Method to ascertain the best ice cream flavor on the planet (chocolate peanut butter, obviously); however, one might use it to practice making arguments for and against the merits of various ice cream.

The more confident people are in their ability to make persuasive arguments, the better they will serve their clients, no matter where their clients fall on a particular issue. That ability allows two lawyers with the same training and experience to work on opposite sides of a legal matter.

The hope is to acquire certainty, which will lead to confidence and eventually legitimacy as a member of the group.

The most obvious element that the Socratic Method lacks is final certainty. Those who are comfortable when using the method have a higher tolerance for uncertainty. The combination of feeling like an impostor and lingering uncertainty is a good recipe for stress. The tension that a law student feels in this situation often leads to increased anxiety, further isolation and depression.

The key to that process is acquiring certainty. If people feel certain in their knowledge of a subject, they feel confident in their ability to address questions and confrontations. Without certainty, insecurity can linger or, in many cases, increase.

This phenomenon is not unique to law school, of course; any graduate program, competitive school or prestigious job is a fertile environment for the THE ADVOCATE

Continued on page

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January 2016

DEPRESSION IN LAW SCHOOL Continued from page

There are ways to ebb the tide of despair. Most elementally, students should talk to others in their social circles about feeling like impostors, if only to discover they're not alone. I would advise law students to do the following: 

Face your fears and ask mentors, professors and colleagues questions - especially the questions you think you should already know.



Focus your attention on where you have control - for example, practicing how to make various arguments.



Share your experiences and your struggles with others - everyone needs some time to themselves, but extended isolation is a breeding ground for depression. Don't let it get a hold of you.

It's natural to hide insecurities and aim to obtain certainty. It makes us feel a little safer in a threatening environment. But the best approach to a problem can sometimes be one that seems counterintuitive, unnatural or downright scary.

Simply admitting that we feel vulnerable will make us feel more connected to others, because we all have those feelings. Some of us just hide them more successfully.

Dr. Shawn Healy is a licensed clinical psychologist on staff with Lawyers Concerned for Lawyers of Massachusetts, where he provides clinical services. He also writes and presents on a variety of topics germane to the practice of law.

He can be contacted at shawn@lclma.org. http://thedailyrecord.com/2015/10/21/depressionin-law-school-impostures-and-socrates/

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Page 25

January 2016

CIVIL LAW UPDATE

by Ceecee Paizs

Review of the December 2015 Amicus Curiarum reveals the following decisions of interest in the civil law area:

the sex offender registry, his saying so was not a gross deviation from the standard of conduct of a reasonably prudent lawyer in his position.

COURT OF APPEALS:

Lisy Corp v. McCormick &Co. Inc., et al, No. 8, September Term 2015, filed November 23, 2015.

Opinion by Greene, Clayton, Jr., Judge

Attorney Grievance Commission of Maryland v.

Joseph Michael Stanalonis, Misc. Docket AG No. 74, September Term 2013, filed November 23, 2015. Opinion by McDonald, Robert N., Judge

Lisy Corp. sued McCormick & Co., Mojave Foods and Barry A. Adams in circuit court. On the Case Information Report, Lisy Corp checked the box "yes" to indicate a jury trial had been demanded.

In response to contact from calendar management related to the scheduling of a jury trial, McCormick et. al objected, stating that under Duckett v. Riley, 428 Md. 471, 52 A.3d 84 (2012), required a separate "paper" in order to meet the notice requirement for assertion of the right to a jury trial. The trial court ordered the case to proceed as a bench trial based on Lisy Corp.'s failure to comply with Rule 2-325(a) resulted in a waiver of the right to a jury trial under Rule 2-225 (b). The Court of Special Appeals affirmed.

Mr. Stanalonis ran against Judge David w.

Densford, a newly appointed judge on the St. Mary's County Circuit Court. Mr. Stanalonis and Judge Densford knew each other from their years of practice. During the election campaign, Mr. Stanalonis sent out a flyer to voters comparing his experience and outlook on various issues with those of Judge Densford.

Among those comparisons, he stated that Judge Densford opposed the registration of convicted sexual offenders. During the evidentiary hearing, it was adduced that Mr. Stanalonis determined that Judge Densford opposed the sex offender registration based on a number of conversations surrounding the issues and interactions with fellow prosecutors who knew Judge Densford. While Judge Densford had never expressed blanket opposition to the registry, he did try to prevent his clients from being placed on the registry. While the hearing judge held that Mr. Stanalonis had a demonstrable basis for believing the statement, he had "nonetheless violated MLRPC 8.2(a), 8.4(c) and 8.4 (d) by not making a more substantial effort to ensure the accuracy of his statement.

The Court of Appeals affirmed, reaffirming Duckett. The Court held that a Case Information Report, whether served or unserved, does not constitute a separate "paper" within the meaning of Rule 3-325. In Duckett we stated that a CIR is an administrative tool designed to "assist the Clerk and the court in scheduling actions in court promptly and efficiently. Within the meaning of Rule 2-325, a separate "paper" is a document, printed or written that is filed in conjunction with court pleadings. The purpose of the paper is to convey supporting documentation to the court.

The mere referencing of a jury demand by checking "yes" in the Jury Demand section of the CIR is not an assertion of a constitutional right but simply indicates that a party has already filed, or intends to file a jury demand pursuant to Rule 2325 (a).

The Court of Appeals dismissed the petition, holding that there was not clear and convincing evidence that Mr. Stanalonis violated MLRPC 8.2(a), 8.4(c) or 8.4 (d). The Court held that there was insufficient evidence that Mr. Stanalonis made his statement with knowledge that it was false or with reckless disregard as to its truth or falsity.

Because Mr. Stanalonis had a "demonstrable basis" for believing that Judge Densford opposed

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Continued on page 27

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January 2016

CIVIL LAW UPDATE Continued from page 26

THE COURT OF SPECIAL APPEALS: John T. Mitchell v. Maryland Motor Vehicle Administration, No. 713, September Term 2014, filed November 25, 2015. Opinion by Eyler, Deborah S. Judge Mitchell applied for a vanity plate which spelled out "MIERDA".

The MVA approved the application and issued the plates, renewing the plates two years later. Subsequently, the MVA receive a complaint stating that the vanity plate was inappropriate as it's translation from Spanish was a profanity. The MVA rescinded Mitchell's plates. Mitchell challenged the MVA's actions arguing that as an agent of the state, it violated his First Amendment right of freedom of speech when it rescinded his vanity plates. The ALJ ruled in favor of the MVA, and the final agency decision was affirmed by the Circuit Court.

The Court of Special Appeals affirmed, citing Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S. Ct 2239 (2015), in which the Supreme Court held that specialty license plates, which are custom designed and retooled based license plates manufactured specially for a nonprofit organization are government speech and therefore protected. The Court state that it was not deciding, in that case, whether vanity plate messages were government speech. The Court of Special Appeals held that Maryland vanity plate messages are not government speech. Although they serve as government IDs for vehicles registered in this State, it is clear from the unique and personalized nature of the messages displayed on vanity plates that the speaker's message is the driver/owner of the vehicle's not the State Maryland. Since vanity plate messages are private speech on government property, under the Supreme Court's forum doctrine, regulation by the government of private speech must satisfy the strict scrutiny standard.

Regulation by the government of private speech on government property that is in a nonpublic forum only must

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satisfy a reasonableness standard. The Court held that vanity plates are a nonpublic forum as they were not created by the government with the intention of opening a forum for public discourse and debate. The purpose of the vanity plates in Maryland is to raise money for the State. Because vanity plates are a nonpublic forum, Maryland may impose regulations on the private speech in that forum that are reasonable and viewpoint neutral.

The regulation prohibiting license plates from displaying profanities, obscenities or epithets satisfies that standard and therefore, the MVA did not violate Mitchell's First Amendment right to freedom of speech by rescinding his vanity plates.

Vanessa Kreyhsig v. Luis Montes, No. 1694, September Term 2014, filed October 29, 2015.

Opinion by Nazarian, Douglas R. M., Judge.

During a divorce and custody proceeding, Father sought to change the minor son's surname to include his own.

His request was granted in that proceeding, but an en banc panel reversed the decision.

It did, however, give Father the opportunity to seek a hearing which he did not.

Subsequently he filed a separate petition to change the child's name, which the court denied without a hearing as Father had not requested one. Following a hearing on Father's Second petition for change the minor child's name, the trial court determined that the prior proceedings did not bar the current petition by res judicata and granted Father's petition, granting the name change.

The Court of Special Appeals reversed, finding that the doctrine of res judicata bars relitigation of the same claim between parties. While the doctrine operates slightly differently in issues relating to children, relitigation requires a showing of a change in circumstances. IN the present case, there had been no change in circumstances between the en banc denial, the denial through his first Petition and the current Petition. Therefore, the Second Petition was barred by res judicata.

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January 2016

YOUNG LAWYERS HOLIDAY LUNCH

by Sandy Steeves

Young Lawyers Holiday Lunch provides toys for deserving children and raises money for Toys for Tots!

Bateman’s Bistro, Towson Diner, Café Troia, Pecora’s Deli, PF Chang’s, and Towson Hot Bagels. All of the food was donated by our local partners, and all of the leftover food was taken to Our Daily Bread in Baltimore where that organization accepted it as a gift to help feed deserving citizens who do not have the means to get a hot meal during these cold winter months.

Nearly seventy lawyers, judges, judicial law clerks and courthouse staff gathered on Thursday, December 17, 2015 for the annual Young Lawyers Holiday Luncheon. his year’s event benefitted Toys for Tots, and the participants donated more than 100 unwrapped toys and raised $500 for the organization.

In addition to raising money for Toys for Tots, everyone in attendance received a special treat as the bar association was joined by

Attendees feasted on outstanding food from many local Towson-area businesses including The Rec Room, Jake’s New York Deli, Bill THE ADVOCATE

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January 2016

YOUNG LAWYERS HOLIDAY LUNCH Continued from page 28

representatives from Itineris, which is a nonprofit organization that is our designated charity for this bar year. Itineris is committed to helping provide opportunities for individuals with Autism Spectrum Disorder to participate meaningfully in all aspects of adult life. The organization participated in our holiday luncheon, and had representatives at the event to sell an array of beautiful items that were hand-crafted by Itineris clients, including pens, holiday signs, and other tremendous works of art. It was absolutely heartwarming to see the final product of so many people who we are all working to support through the bar association’s fundraising efforts, and attendees were grateful to have a chance to purchase so many wonderful items that were created by the very individuals we are helping.

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January 2016

YOUNG LAWYERS HOLIDAY LUNCH Continued from page 28

The holiday lunch was successful once again, and will be a tradition that we all look forward to for years to come. BCBA raised money and secured countless donations for Toys for Tots, and we provided some very talented and deserving men and women from Itineris with a platform to display their many works of art. It was a great way to give something back to the community as we entered the home stretch of the holiday season.

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January 2016

Baltimore County Circuit Court Law Library News January 2016 NEW DVD!!

The Law Library holds a collection of DVDs that may be borrowed by attorneys. The full details of the policies and procedures for checking out media can be found on the Law Library’s website http:// www.baltimorecountymd.gov/go/lawlibrary or give us a call at 410-887-3086.

We added Hot Topics in Elder Law by the MSBA in December.

DRONES This is just a friendly reminder that certain parties who recently purchased Unmanned Aircraft Systems (AKA Drones) must now register them with the FAA or risk penalties. More details can be found at https://www.faa.gov/uas/registration/faqs/. And no, paper airplanes, toy balloons, and Frisbees do not need to be registered. Yes, that is in the FAQs.

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January 2016

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.

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January 2016

HISTORICAL PERSPECTIVES

by Jeffrey R. Scholnick Meet the Third Laban Sparks

President

of

the

BCBA-

Just as Sparks, at his swearing in, appealed to the members to “exert in their respective communities,” Sparks was involved in Baltimore and Maryland charities. For many years he was a director and officer for the Maryland State Fair and ultimately rose to become President of the Fair in 1937 and 1938, Baltimore Sun, “Timonium Fair Officers Are Reelected For 1938,” January 8, 1938, p. 4.

Laban Sparks was elected President of the BCBA on May 3, 1922, the third Annual Meeting of the BCBA. Born in 1874, he served many capacities in the BCBA, from chair of the Committee upgrading the Bar Library to membership on the Executive Committee to coordinating participation of BCBA members going to the MSBA and ABA Conventions.

He worked on BCBA Committees until shortly before his death on January 3, 1943.

Sparks was intensely involved in the Maryland Republican Party, even attending a luncheon with President Harding on June 14, 1922, according to the Baltimore Sun that day, “Senator France Guest List Today In Excess of 200” at p. 24.

Accompanying this article is a 1926 photo of the the BCBA membership taken in Courtroom 5 in the Old Courthouse. (From the Balto Co Legacy Web, Source- Balto Co Historical Society.) Sparks is in the back row, on the left, standing next to his predecessor as President of the BCBA, John Mays Little Also included is a photo (on page 37) from approximately the time that Sparks was President of the Fair. (From the Balto Co Legacy Web, Photographer- Jack Shipley, Source- Jacques Kelly.)

Notice how packed the stands are as the crowd waits for the start of a race?

The Minutes of the BCBA reflect that, when Sparks was sworn in he “delivered a splendid address, dealing particularly with the power and enfluence [sic] which members of the Bar exert in their respective communities, and appealing for the close and hearty cooperation of the members during the coming year.” During his tenure, extensive work was performed to upgrade the Bar Library, according to the 1923 Annual Meeting minutes.. At that 1923 Meeting, the Portrait Committee reported that they had worked on securing the portraits of a number of distinguished members of the Baltimore County Bar including John Gontrum, the great-grandfather of the John Gontrum who was President of the BCBA from 2004 through 2005.

Ending his Presidency with a personal touch, the Minutes state that Sparks invited the BCBA members and Judges to a luncheon at his house. Can you imagine a President having the entire membership of the BCBA over for lunch in this age?

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January 2016

CRIMINAL LAW UPDATE

by Robert C. Lidston The December Amicus provides us with a Court of Appeals decision and two Court of Special Appeals decisions which may be of interest to practitioners.

Sibug v. State, No. 2, September Term 2015, filed November 25, 2015 (opinion by Battaglia, J.). In 1999, Sibug was charged with first degree assault and additional charges after he allegedly pointed a handgun at his five children and threatened to kill them. He entered pleas of not guilty, not criminally responsible, and not competent to stand trial. The Department of Health and Mental Hygiene evaluation found him to be suffering from "religious delusions" and opined that he was not competent to stand trial. A circuit court judge entered an order finding Sibug incompetent and committing him to the same Department for inpatient care until he was no longer incompetent to stand trial.

Sibug was a patient with the Department for over four years. After he was involuntarily medicated, the Department sent a 2003 letter to the circuit court

stating that his condition had improved and that he was now competent to stand trial. Along with the letter, the Department submitted a "draft order of competence," but no judge ever signed such an order or made any determination as to Sibug’s competency. Nevertheless, in 2004, Sibug was convicted on a not guilty agreed statement of facts.

In 2005, as a result of a coram nobis proceeding, the court found that Sibug’s attorney had failed to advise him of the deportation consequences of a conviction.

In 2008, Sibug again came in for trial before the same judge who had presided over the coram nobis proceedings. Sibug’s testimony at this trial was reflective of the "religious delusions" that were part of his initial finding of incompetency. Despite his behavior, the question of his competency was not raised at trial and Sibug was convicted. Before Sibug’s sentencing, his attorney asked for a competency evaluation because he believed that Sibug had not been competent to stand trial. At sentencing, the judge stated that, despite his behavior and previous determination of incompetency, Sibug was competent. The Court of Special Appeals affirmed Sibug’s conviction.

The Court of Appeals reversed. It held that having been found incompetent in the same case in the same court, Sibug needed to have been found competent under Criminal Procedure 3-104. It stated that Section 3-104 was clear in the need for judicial determination of competency and "because the responsibility for a competence determination lies with the court, Sibug was still under the previous finding of incompetence at the time of his 2008 trial." A determination by a psychiatrist was not sufficient because a delegation by the court of its constitutional responsibility was not acceptable.

Appeals found that comparing Sibug’s testimony at trial with his prior evaluations of incompetency "yields to the conclusion that the judge clearly erred in finding Sibug competent to stand trial."

Continued on page 35

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January 2016

CRIMINAL LAW UPDATE Continued from page 34 Vielot v. State, No. 2132, September Term 2013, filed November 24, 2015 (opinion by Reed, J.).

Vielot was convicted of two counts of automobile manslaughter connected to an incident in which he fell asleep while driving. Vielot had worked a night shift and, after a two hour morning nap, he drove his wife to work and then to buy her lunch at a carryout. While driving back from the restaurant, he fell asleep, drove onto a median strip, and killed two landscapers. At his first trial, a jury failed to return a verdict. He was convicted at a second trial.

Vielot appealed his convictions to the Court of Special Appeals. He contended that the trial court erred when it determined that a State’s witness was "unavailable" for purposes of admitting former testimony into evidence. The witness had testified at the first trial that she saw Vielot fail to maintain his lane for up to a mile before the accident. She did not appear at the second trial due to injuries suffered in an unrelated automobile accident. Vielot also argued that the evidence did not support the judge’s decision to give a "deliberate failure" jury instruction which stated that "deliberate failure of a driver to heed clear warning signs of drowsiness is evidence of a reckless disregard for human life."

Finally, Vielot contended that there was insufficient evidence to support his convictions.

COSA affirmed the convictions. The trial court did not abuse its discretion when it found the witness unavailable under Rule 5-804(a)(4). The witness had suffered significant injuries and the State offered her disability certificate and a note from her doctor stating that she could not drive long distances. This evidence was sufficient to support the court’s determination regarding unavailability.

Additionally, because subsections (4) and (5) of Rule 5-804(a) are independent, they need not both be satisfied to sustain a finding of unavailability.

The trial court did not err in giving the "deliberate failure" jury instruction. The admitted testimony that Vielot repeatedly left and then returned to his lane for up to a mile before the accident established the "minimum threshold of evidence necessary to ...

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allow a jury to rationally conclude that the evidence supported the application of the ‘deliberate failure’ jury instruction."

Additionally, although the outcome may have been different without the testimony of the unavailable witness, other evidence was sufficient to support the alleged convictions. Evidence that an individual drove on two hour sleep is insufficient by itself to support a jury’s determination that the person acted in a grossly negligent manner. However, evidence of lack of sleep combined with testimony that the appellant continued to drive for a mile after his initial failure to maintain his lane is minimally sufficient to support the jury’s determination that he deliberately failed to heed clear warning signs of drowsiness.

Paige v. State, No. 2015, September Term 2014, filed November 30, 2015 (opinion by Wright, J.).

Paige and two juveniles were stopped by loss prevention agents as they exited a store carrying concealed merchandise. Paige fought with the agents in the store’s parking lot and was handcuffed for her safety as well as that of the agents. She and the two juveniles were then escorted to the loss prevention office. There an agent called the police, informed them of the theft, and asked them to respond to the store. A police officer soon arrived and shortly thereafter, Paige’s handcuffs were removed and she signed a store statement of admission form, a trespass notification form, and a civil demand notice.

At Paige’s trial, a loss prevention agent testified that she worked for a private retail store and was not affiliated with any government organization. She added that she was not with any police department, that loss prevention agents were not endowed with arrest powers, and that they were not police officers themselves. She testified that she had never worked for a police department. She also testified that Paige, who was frightened that the parents of the juveniles would be mad at her, repeatedly said "I did it, I did everything. Don’t involve them. Don’t get them in

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January 2016

CRIMINAL LAW UPDATE Continued from page 35 trouble." Paige was convicted of theft under $1,000.00 and was sentenced to eighteen months with all but six months suspended. She appealed to the Court of Special Appeals.

COSA affirmed. Loss prevention agents or private security guards who have no arrest powers or other duties associated with typical law enforcement are not special police officers, as that designation is understood under Maryland Law. They are not required to give the Miranda warnings when interrogating an individual, and the mere presence of a police officer while a suspect signs a written admission of guilt is not the equivalent of police custody so as to require Miranda warnings.

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

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January 2016

See, Historical Perspectives article on page 33 which references this photo from approximately the time that Leban Sparks was President of the Fair. (From the Balto Co Legacy Web, Photographer- Jack Shipley, Source- Jacques Kelly).

Holiday Party article can be found on page 14.

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January 2016

Committee Programs CLE Committee

February 11, 2016, The State of Family Law in Maryland, Fazzini’s Taverna  March 24, 2016  April 7, 2016, Joint Program with BABC 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.  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

Criminal Law Committee

Law Day 2016 Miranda, More Than Words

Mezzanine 08, 5 - 6 p.m.  February 10, 2016  April 13, 2016  June 8, 2016

To be celebrated on Monday, May 2, 2016

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

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

Estates & Trusts Committee

NOMINATIONS for the Judith P. Ritchey Award are now being accepted, through February 2, 2016.

See criteria on page 8.

Mezzanine 08, 5 p.m.  January 19, 2016, Estate Litigation  February 17, 2016, Gun Trusts  March 2016  April 6, 2016, Committee Dinner

Memorial & Recognition Committee Family Law Committee

Please notify Doris Barnes at the Bar Office of the

Dinner Programs, 6 p.m.

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January 2016

Committee Programs passing of any BCBA member. If this information is received in a timely manner, it will be emailed to the members. Thank you.

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 Hon. I. Marshall Seidler 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

Technology Committee Mezzanine 08  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 

April 3, 2016—Bull & Oyster Roast

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.

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

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

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January 2016

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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January 2016

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January 2016

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

Eric N. Schloss has joined the Law Offices of Lee Saltzberg in Towson, where he will continue to practice personal injury law in Maryland, Virginia and Washington, D.C. 443-831-9034 (Cell) schlosslaw@comcast.net MEMBER ADVERTISEMENTS Towson. Office space available in a small law firm, perfect for a solo practitioner. Approximate size is 20x15.

Furnished office, and comes with desk, credenza and book cases. Use of conference room, waiting room and utilities.

Free parking. Rent $650/month. Call 410-321-8368 or email Stephen Dunn at sdunn@sdunnlaw.com.

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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January 2016