THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 7
January 2017
PRESIDENT’S MESSAGE by Robert J. Thompson As many of you have heard me say on multiple occasions, being president of the Baltimore County Bar Association is the best job in the world….or at least the best job in Baltimore County. I have enjoyed the hard parts, the easy parts and the fun parts. And as we begin this new year, I want to thank you for giving me this opportunity. Last month, I was honored to be invited by the Court of Appeals to move for the admission of some brand new lawyers. It was indeed a privilege to represent each of you in that forum. Here is an excerpt from my remarks before the Court of Appeals on December 14, 2016: I don’t remember who moved for my admission or what he said, or even whether it was a man or woman who spoke. I don’t remember the response from the bench or almost anything else about that day other than taking the oath and signing the register. Because I know that in a couple of hours, you won’t remember who I am or what I’ve said here, I’m not going to take too much of your
time, but while I have this small opportunity, I’d like to give you some advice: The first thing I want to tell you is that even when things look really bad, they’re not as bad as they look. When I sat in one of those seats not so many years ago, my 3 year old son sat next to me, between my wife and me. Let’s just say that he wasn’t having his best day, and during the proceedings he got sick... When I stood up for my first appearance before this august and honorable court, I was covered from the waist down in toddler vomit. What an auspicious and glorious beginning to my career! But you know what? As bad as it seemed at that moment, it all worked out in the end. And they didn’t even send me a bill for the carpet cleaning! Life is an endless series of adjustments.
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Inside This Edition Bench/Bar Report Calendar of Events Chamber Chat Civil Law Update Committee News County Council Update Court Notices Criminal Law Update E&T: Retirement Benefits FL: Family Recovery Ct. Historical Article iFly Event Judge Murphy’s Update Lawyer in the Lobby Lawyers Assistance Memorial Service Member Ads Mgmnt & Billing S/ware Mock Trial Professionalism SAVE THE DATE
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Gore Bros. Reporting & VideoconferencingSignature Sponsor THE ADVOCATE
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PRESIDENT’S MESSAGE Continued from page 1 Some of you are going to get – and may already have – the job you’ve always dreamed of. The rest of you will be like the rest of us, and you’ll adjust, and you’ll land somewhere you never would have anticipated or foreseen and you’ll be just fine. Almost all of you will represent clients who will give you the facts of their cases on what I call the “installment plan.” You will learn to adjust to “new facts” and you will learn, in baby steps, how to get more facts sooner.
great work! And in my humble opinion, nothing keeps us interested, nothing keeps us active, nothing keeps us young and engaged and energized like the challenge of constant learning. The last piece of advice I want to give you is to look around at the people near you. These are a few of the people who will play a part in your professional life for years to come. Build and foster your friendships and add friendships where you can. Our adversarial system makes it easy to shut out all but your inner circle or to act as though you are an island. But the practice of law and the life of a lawyer will be so much more enjoyable for you - so much more fulfilling – if you recognize these people for what they are - your brother and sister lawyers. We rarely hear people refer to each other that way anymore. I guess maybe it sounds corny or sappy, but take my word for it, those of us who approach the practice of law in that way are happier and healthier and more contented. Collegiality and civility are commodities that you can acquire for nothing and yet they are priceless to own. Make it your business to share them with your brother and sister lawyers.
Everyone in this room will be affected by new legislation or a new appellate decision or a new rule, or a new procedure such as - for us old guys - making the transition from paper filing to electronic filing. Stay alert, be flexible and the adjustments will come easy. Be a learner. You’ve arrived in a sense: You’ve all graduated from college, you’ve all taken the LSAT, which means that if there is ever a piano recital with 7 players, and player A can’t play first, but must play before player B, but not immediately following player C, et cetera, you’ll be able to figure it all out… You’ve graduated from Law School, you’ve passed the Bar Exam, and you’ve overcome the cruel and unusual punishment of waiting for several nearly endless months for your results, and finally, after all of that, here you are: Tomorrow and for all of the tomorrows after that, each of you will be full-fledged lawyers. BUT, you haven’t really arrived… the great race is not over, because now, and for the rest of your careers, you need to be learning and adjusting and perfecting, and strengthening, and refining and growing. I don’t want to scare you. The Court did ask me to make my remarks positive and uplifting, but at the risk of making it sound like 40 or 50 years of work, I feel duty bound to tell you that it will be work. But it’s
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I have several more stories I could tell you and believe it or not, not all of them involve bodily fluids, but as I promised a few moments ago, I don’t want to delay your happiness for even another second. It is my honor and privilege to welcome you to the Bar and wish you all utmost success and happiness. I am proud to call you my Brother and Sister lawyers. Happy New Year and Happy January. I can’t wait to see you all at the Prom. Rob Thompson, 2016-2017 BCBA President
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C ALENDAR
2016-17 Officers President Pres-Elect Secretary Treasurer
Robert J. Thompson Adam T. Sampson Rebecca A. Fleming
Hon. Keith R. Truffer Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Hon. Vicki Ballou-Watts, Immediate Past President Alaina L. Storie, YL Chair
The Advocate Thomas S. Basham Committee Chair
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COURTS & BAR OFFICE CLOSED (New Year’s Holiday, observed) Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Volunteers: Keith Franz, Michael Jeffers and E. David Silverberg Running Club, 5:30 p.m., meet at 401 Washington Avenue (lobby) Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 Family Law: Child Support Enforcements (Kiosks), Noon, Grand Jury Room COURTS & BAR OFFICE CLOSED (Dr. Martin Luther King, Jr.’s Birthday) E&T: Inheritance Tax Roundtable Do’s & Don’ts, 5 p.m., Grand Jury Room Town Hall Meeting with Judge Kathleen Gallogly Cox, 8:30 a.m., Courtroom 2 Indoor Skydiving at iFly, 6 p.m., White Marsh Annual Black-Tie Banquet, 6 p.m., Hunt Valley Wyndham Grand
February 2017
Annamaria M. Walsh Committee Vice -Chair
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 Alexander C. Steeves 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. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.
E VENTS
January 2017
Michael W. Siri
Executive Council
OF
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New Admittees Swearing-In Ceremony, 4 p.m., Courtroom TBD Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Volunteers: Brady Locher, Richard Lynas, Larry Polen Running Club, 5:30 p.m., meet at 401 Washington Avenue (lobby) Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 Cars, Cops & Stops w/Prof. Byron L. Warnken, 5 p.m., Grand Jury Room Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Magistrate Panel Discussion w/Magistrates Schenker, Furnari & Weathersbee, 5:30 p.m., Courtroom 17, County Courts Building, 401 Bosley Avenue Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom No. 5 Stated Meeting, 4:30 p.m., Ceremonial Courtroom No. 5 COURTS & BAR OFFICE CLOSED (Presidents’ Day) Family Law: QUADROs, 5 p.m., Grand Jury Room CLE: Cyber Security, Hacking & Wire Fraud, Noon, Grand Jury Room E&T: ABLE Accounts and Special Needs Planning, 5 p.m., Grand Jury Room
Banquet Keynote Speaker Lt. Gov. Boyd Rutherford January 26, 2017 Tickets on sale only at the Bar Office.
Publication deadline: 10th of the month preceding publication.
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COURT NOTICES Circuit Court for Baltimore County
Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge
County Courts Building Towson, Maryland 21204 410-887-6510
MDEC’S IMPLEMENTATION IN BALTIMORE COUNTY In anticipation of MDEC's (electronic filing) arrival to the Circuit Court for Baltimore County and the District Court for Baltimore County in 2018, Judge Cox, Judge Wilson and the BCBA Bench/Bar Committee are requesting recommendations, suggestions and feedback on MDEC's implementation and the Bar's current concerns when utilizing electronic filing in the Counties that have already adopted it. Please keep all comments to existing problems, and not issues that may have existed when MDEC was established but have since been rectified. Please address all concerns to Bench/Bar Committee, care of Richard Grason (rgrason@gmail.com) on or before January 31, 2017.
MARYLAND JUDICIARY EXPANDS MDEC AND ELECTRONIC FILING TO LOWER EASTERN SHORE E-FILING NOW MANDATORY IN ALL EASTERN SHORE COUNTIES The Maryland Electronic Courts (MDEC) case management system is now operational in Dorchester, Somerset, Wicomico, and Worcester counties. The launch of MDEC in a county makes e-filing mandatory for attorneys representing clients in civil and criminal cases in the Circuit Court and the District Court, as well as in appeals filed in the Court of Special Appeals and the Court of Appeals. Self-represented litigants may also e-file, but are not required to do so. This latest expansion completes the migration of all Eastern Shore counties. MDEC is now operational in more than 40 percent of Maryland’s state courts. Courts no longer will accept paper filings from attorneys in areas where MDEC has launched. Maryland Rule 20106(b), however, sets out the circumstances in which a person may be excused from the e-filing requirement. Nonpayment of rent cases filed under Maryland Code, Real Property, Section 8-401, will continue to be exempt from mandatory electronic filing until further notice. The Judiciary website has more information about MDEC, e-filing, and how to register to e-file. Attorneys and staff who are registered to e-file can register for webinars and training. MDEC launched on the Upper Eastern Shore, including Caroline, Cecil, Kent, Queen Anne’s, and Talbot counties on July 18, 2016.
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COURT NOTICES Circuit Court for Baltimore County
Chambers of Robert E. Cahill, Jr. Criminal Law Coordinating Judge 410-887-2674 Effective immediately, the scheduling of pleas on the Wednesday and Thursday afternoon guilty plea dockets will be done by Jon Fee, the Circuit Court’s new Criminal Case Manager, who can be reached at (410) 887 2853; jfee@baltimorecountymd.gov.
2017 MARYLAND JUDICIAL CONFERENCE Please be advised that all of the Judges of the State of Maryland will be attending the Maryland Judicial Conference on Monday, June 12 through Wednesday, June 14, 2017 and, therefore, there will be no judges available on those dates.
BAR COUNSEL ATTORNEY GRIEVANCE COMMISSION OF MARYLAND The Attorney Grievance Commission is seeking applicants for the position of Bar Counsel, who is responsible for evaluating complaints against attorneys and prosecuting cases of professional misconduct. Bar Counsel’s duties also include investigations and prosecutions of attorneys engaged in the unauthorized practice of law, incapacitated attorneys, enforcement of compliance with disciplinary and remedial orders as well as diversionary agreements, and evaluation of overdrafts or mismanagement of attorney escrow accounts. The position will also perform other duties as prescribed by the Commission, including the oversight and management of a staff of attorneys, investigators, paralegals, office manager, and secretaries. Bar Counsel is an employee of and serves at the pleasure of the Commission. Applicants must be an active member of the Maryland Bar, in good standing and a Maryland resident. Ten years of experience in the practice of law is preferred. Deadline is January 23, 2017. To view the full job announcement and instructions on how to apply, visit the following link: Http:// mdcourts.gov/jobs/pdfs/BarCounsel.pdf THE ADVOCATE
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’t Don
miss
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ent!
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Committee News FLYERS for all programs can be viewed and printed from the BCBA website calendar (www.bcba.org). You can also elect to make a voluntary donation during any registration process to this year’s designated Charity - The Women’s Law Center. In advance, thank you for your generosity.
CLE COMMITTEE February 28, 2017, Noon, Cyber Security, Hacking & Wire Fraud. Lunch provided by Minnesota Lawyers Mutual. To Be Scheduled, Practice Marketing Strategies, presented by David Kelly and The Growth Coach of Greater Baltimore
March 21, 2017, 5 p.m., Recent Developments in Estate Administration April 26, 2017, 5 p.m., Diminished Capacity May 24, 2017, 5 p.m., Annual E&T Dinner June 21, 2017, 5 p.m., Legislative Update with Register of Wills Grace Connolly
To Be Scheduled, Magical Mystery Tour of the Circuit Court Clerk’s Offices, A walking tour and overview presented by Circuit Court Clerk Julie Ensor.
FAMILY LAW COMMITTEE
To Be Scheduled, Where Have All the Assignment Offices Gone? A walking tour of the new location in Mezzanine 08, and brief overview of each office: DCM, Civil, Central and Criminal Assignment.
February 23, 2016, 5 p.m., QUADROS: What Language Should be in an Agreement?
CRIMINAL LAW COMMITTEE
The 14th Amendment: Transforming American Democracy
February 9, 2017, 5 p.m., Cars, Cops & Stops, presented by Prof. Byron L. Warnken March 7, 2017, 5 p.m., Post-Conviction Services: Home Detention, SCRAM Monitoring, Inter-Lock, Re-Entry Programs, Residential Rehabilitation Programs, Bail Bonds, etc. Sponsored Happy Hour at CVP May 17, 2017, 5 p.m., Administrative Hearings, presented by Neil Jacobs.
ESTATES & TRUSTS COMMITTEE January 18, 2017, Noon, Inheritance Tax Roundtable
January 12, 2017, Enforcement (Kiosks)
Noon,
Child
Support
LAW DAY COMMITTEE
May 1, 2017, 7:30 a.m., Breakfast at DLA Piper. Speaker: Judge Paul W. Grimm May 1, 2017, Noon Ceremony & Awards, Ceremonial Courtroom No. 5, Towson Nominations for the Judith P. Ritchey Award must be submitted by March 1, 2017. Criteria and more information can be found in the Committee Report area of the BCBA website.
LAWYER REFERRAL & INFORMATION SERVICE Please note that the 2016-2017 Lawyer Referral & Information Service (LRIS) renewal information
February 28, 2017, 5 p.m., Abel Accounts
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Committee News is now available. Click here to open and print out the application. If you are a current member, you must renew each year. If you are not a member of LRIS and wish to join, now is a great time! Contact Rachel Ruocco at 410-337-9100 or rachel@bcba.org if you have any questions about LRIS.
PUBLIC AWARENESS COMMITTEE
&
SPEAKERS
Civics & Law Academies, 8:30 a.m. - 2 p.m. March 31, 2017, CCBC Owings Mills If interested in teaching opportunities next year (2017-18), please email Doris Barnes (doris@bcba.org) and ask to be advised when dates are selected. Prepared presentations are provided for each class.
MEMBERSHIP & ADMISSIONS January 19, 2017, 6-9 p.m., iFly, Indoor Skydiving, White Marsh
MEMORIAL & RECOGNITION COMMITTEE
YOUNG LAWYERS COMMITTEE
Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to the members. Thank you.
Running Club. We are aiming to have monthly runs the second Wednesday of each month, for anyone who is interested. For the upcoming cold months, meet in the lobby of 401 Washington Avenue (rather than at the courthouse fountain in Patriot Plaza). We recommend that runners bring reflective gear, headlamps, etc.
Those members who will be honored at next year’s service on November 16, 2017, at 3:30 p.m., include: Judge Christian M. Kahl Constance K. Putzel
January 19, 2017, 6-9 p.m., iFly, Indoor Skydiving, White Marsh
Negligence, Insurance & WC Committee March 9, 2017, 5 p.m., Workers’ Comp 101 & Vocational Rehabilitation May 16, 2017, 5 p.m., Medical Malpractice Cases/ Opening Arguments
January 11, 2017, 5:30 p.m., Running Club, 401 Washington Avenue Lobby. Drinks to follow at Towson Nacho Mama’s. February 8, 2017, 4 p.m., New Admittees SwearingIn Ceremony, Circuit Court for Baltimore County February 8, 2017, 5:30 p.m., Running Club, 401 Washington Avenue Lobby. Drinks to follow at Towson Nacho Mama’s.
PROFESSIONALISM COMMITTEE This committee will meet on the following dates:
February 15, 2017, 5:30-7:30 p.m., Magistrate Panel Discussion: Understanding Expectations of Family Law Practice, Circuit Court for Baltimore County, County Courts Building, Towson
January 17, 2017, 5 p.m., Levin & Gann March 21, 2017, 5 p.m., location TBD April 18, 2017, Noon, conference call May 16, 2017, 5 p.m., location TBD April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
March 3, 2017, 12:30 p.m., Chamber Chat w/Judges Cahill & Norman, 4th Floor Judicial Conference Room Continued on page 10
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Committee News March 8, 2017, 5:30 p.m., Running Club, 401 Washington Avenue Lobby. Drinks to follow at Towson Nacho Mama’s. March 10, 2017, Noon, Chamber Chat w/Judges Cox & Jakubowski, 4th Floor Judicial Conference Room April 2, 2017, 2-6 p.m., Annual Bull & Oyster Roast, Towson American Legion
The Professionalism Committee is thrilled to announce that long-time member and professional lawyer, Carl Gold has been selected as recipient of the 2017 J. Earle Plumoff Professionalism Award. Described as “the consummate professional and shining light in the Baltimore County Bar Association,” Carl is a role model for us all. Congratulations, Carl. The Award will be presented at the Annual BlackTie Banquet on Thursday, January 26, 2017.
April 12, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following. May 10, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. June 21, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. Note change of week due to MSBA Annual Conference in Ocean City. Summer Dates for Running Club will continue on the second Wednesday of each month.
Be a Mentor - Make a Difference The BCBA Professionalism & Young Lawyers Committees invite experienced BCBA members to serve as mentors to newly admitted attorneys practicing in Baltimore County. Do you have time to talk about your work, discuss day-to-day, lawyering, and other professionalism-related matters? Help give back and help the next generation of attorneys. If you are interested, please email Jill Green at dgreen@ubalt.edu.
Are you a “new-ish” attorney? Get paired with a seasoned attorney for mentorship, advice and networking. This is a great opportunity to make a career long connection with a respected member of the Baltimore County Legal Community. Apply online at http://www.bcba.org/mentee-application/
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M
ark your calendars.
The BCBA Stated Meetings will be held at 4:30 p.m. in Ceremonial Courtroom No. 5 on Thursday, February 16, 2017; and Thursday, June 22, 2017. The Annual Reception will be held immediately following the June meeting.
What are your photos worth? What if you woke up tomorrow and they were ALL gone? Take a few minutes to check out this service. Here is a link to an introduction video (90 sec): https://www.youtube.com/watch? v=izLiqnX5h2o.
Protect your personal and organization’s photographs forever. Guarantee they will be in a retrievable format 10, 20, 50+ years from today. The “free” services are a gamble not worth taking, since they own your photographs, and can remove them at any time. What would you do if you logged on, only to find them all gone?! Email forever100plus@gmail.com for more information on how to protect your legacy.
And one (3.5 min) to explain the permanent storage concept: https://www.youtube.com/ watch?v=K7k-pqJZ92w.
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FAMILY LAW: FAMILY RECOVERY COURT by Annamaria M. Walsh On November 14th, members of the Baltimore County Bar Association’s Bar’s Family Law section gathered for their fall dinner program at Christopher Daniel restaurant. Magistrate Wendy Z. Schenker and Family Recovery Court Director Kristy M. Maurath gave a presentation on FRC and its recent expansion into the contested custody arena. FRC was designed as a resource for parents who were parties in Child in Need of Assistance (CINA) cases. Parents who struggled with addiction issues that affected their ability to parent could voluntarily enroll in the FRC program, which offers an opportunity to engage in a structured and closely monitored treatment program, drug testing and lifeskills classes that enhance the parent’s ability to achieve and maintain sobriety. The participants are held accountable and must attend FRC hearings twice a month for a progress review. The stated goals of the Baltimore County Family Recovery Court are as follows:
Enhance the likelihood that participants will obtain and maintain abstinence from alcohol and illegal drugs; Enhance the functioning of participants, so they
will develop and maintain a healthy and productive lifestyle; Enhance family functioning; Enhance family reunification rates, while reducing involvement with child protective services; Enhance efficiency and effectiveness of the local child welfare system by establishing permanency sooner, reducing child welfare costs and promoting interagency collaboration between the courts, child welfare and treatment systems.
Although these goals are certainly transferable to contested custody cases where addiction is an issue, it has to be stressed that an attorney working with a client in a contested custody case must carefully consider the potential pitfalls of having a client participate in a program that involves admissions against interest by its very nature, versus the potential benefit of having a client with known addiction issues successfully complete a court-monitored program. A summary report of the client’s progress in FRC goes into the custody case file. For more information about the Family Recovery Court program, contact Kristy Maurath: 410-8872744 or kmaurath@baltimorecountymd.gov.
CASA of Baltimore County is looking for volunteer Court Appointed Special Advocates to work one-onone with children in the foster care system. A few hours of your time each month could change the life of an abused or neglected child. Training classes are offered throughout the year. For more information, please email Gwen Farrugia, gfarrugia@casabaltco.org, or visit the website at www.casabaltco.org.
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MANAGEMENT AND BILLING SOFTWARE FOR SMALL FIRMS by Julius M. Blattner
On Tuesday, November 22, 2016, the Solo and Small Firm Section hosted a brown bag lunch CLE on Law Firm Management and Billing Software. Much of the discussion centered on the cost-benefit analysis of various software programs. Prior to the CLE, I conducted an informal poll of local solo and small firm attorneys through various email lists and Facebook groups. The survey showed that the most popular law firm management software programs among local solo and small firms were Clio and MyCase. Other popular choices were AbacusLaw, Needles and Rocket Matter. Law firm management software programs are designed to be a comprehensive, all-in-one firm management system. Rather than creating and using numerous management systems together, the software allows a centralized and seamless hub from which to operate the firm. For solo and small practices, the management of the firm is a time consuming activity, so cost-effective programs that increase office management efficiency are beneficial to the success of the firm.
Many of the more popular law firm management software programs are cloud based, which allows firms to securely store client files and information electronically. These software programs also provide features that include mobile device access, billing and invoicing, calendar management, case and client history, case management, client management, client portal, conflict management, contact management, contract management, document management, time tracking, trust accounting and task management. The costs of the software are typically subscription based and range from approximately $29 - $49 per month per user. The monthly subscription generally includes free 24-hour technical support. While some attendees felt that the software programs may be beneficial, there were others who felt more comfortable with the systems they had created including paper and pen, QuickBooks and Excel spreadsheets. Many software programs offer free trials, so if you are willing to set aside time to learn how to use them, you may find the benefits of using one.
Asked and answered. Upon learning that there were not enough wreaths sponsored to be placed at Arlington National Cemetery, BCBA members answered a plea to support this effort. A special thanks to everyone who made personal donations. The legal community in Baltimore County is strongly committed to serving and honoring our nation’s men and women who served our country, and this was just one more example of how we do so. Again, thank you for your generous support.
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RECENT DEVELOPMENTS IN CRIMINAL LAW by Matthew I. Wyman
light of the new law in Maryland which decriminalizes the possession of small amounts. A decision is expected later this year.
Register online for upcoming programs sponsored by the Criminal Law Committee www.bcba.org February 9, 2017, 5 p.m., Cars, Cops & Stops, presented by Prof. Byron L. Warnken
On November 28, several members were on hand to listen to retired Court of Appeals Judge Joseph. F. Murphy Jr. discuss recent developments in criminal law both in Maryland and throughout the country. As always, Judge Murphy’s presentation was both informative and entertaining.
March 7, 2017, 5 p.m., Post-Conviction Services: Home Detention, SCRAM Monitoring, Inter-Lock, Re-Entry Programs, Residential Rehabilitation Programs, Bail Bonds, etc. Sponsored Happy Hour at CVP May 17, 2017, 5 p.m., Administrative Hearings, presented by Neil Jacobs
There was discussion of the statutory changes to CJ 9 -105, which was amended to allow a witness who has been convicted of perjury to testify. The perjury conviction may be used to impeach the witness’ credibility. Before the change a perjury conviction disqualified a witness from testifying at all. Judge Murphy covered a variety of other topics, most notably, the case of State v. Rice, 447 Md. 94, 136 A.3d 720 (2016). This case dealt with the Freddie Gray case, and specifically whether or not Baltimore City Police Officer William G. Porter, whose criminal trial ended in a mistrial, could be compelled to testify in the trials of his co-defendants. Several cases pending in the various appellate courts were also discussed. One of the most notable sets of cases to keep an eye on would be Spriggs v. State and Williams v. State, both of which were argued earlier in December. The court will decide whether the odor of marijuana alone is sufficient to justify a search in
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E&T: ESTATE PLANNING WITH RETIREMENT BENEFITS by Richard K. Abraham On December 6, 2016, Robert G. Blue of Royston, Mueller, McLean & Reid and Edwin G. Fee Jr. of Whiteford, Taylor & Preston presented an informative seminar to the Baltimore County Bar Association, Estates & Trusts Committee titled “Estate Planning with Retirement Benefits: Practical Tips.” More than 99% of all Americans are currently exempt from Federal Estate Tax. As a result the program focused on minimizing income taxes to those inheriting, which has become a hot button topic among estate planning attorneys. The presenters examined several estate planning options including the use of spousal deferral of the minimum required distribution (RMD) and stretching the retirement account to more than one generation. Our presenters also examined the narrowing use of when trusts might be named as Retirement Account Beneficiary such as in a second marriage with children from both marriages, high net worth spouses with large retirement accounts and families with a special needs children. Mr. Blue and Mr. Fee Jr. strongly recommended that the planning attorney purchase Natalie Choate’s book Life and Death Planning for Retirement Benefits, which is considered the seminal work on this important aspect of estate planning.
Register online today for upcoming programs sponsored by the Estates & Trusts Committee Links are included below January 18, 2017, Noon, Inheritance Tax Roundtable February 28, 2017, 5 p.m., Abel Accounts March 21, 2017, 5 p.m., Recent Developments in Estate Administration April 26, 2017, 5 p.m., Diminished Capacity May 24, 2017, 5 p.m., Annual E&T Dinner June 21, 2017, 5 p.m., Legislative Update with Register of Wills Grace Connolly
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THE PROFESSIONAL LAWYER by Stanford G. Gann, Jr.
Civility is better measured by the ears than the eyes. Civility is an integral part of professionalism. Each of us, at one time or another, likely has dealt with an attorney who has modeled uncivil behavior. Occasionally, some of us find ourselves guilty of modeling similar conduct. Appropriate behavior is easier to demonstrate when in public. Thus, discussions on social media, political and otherwise, reflect good examples of some of the best and worst of civil and uncivil discourse. Opposing points of view are generally received better when delivered politely. However, this does means that acceptance of the positions of others should trump our principles. Passionate advocacy remains professional and civil when based on an honest assessment of the facts and applicable principals, legal or otherwise, so long as one dispenses with efforts to belittle the other. Of course, this does not mean that every opposing theory deserves equal recognition or debate. In the context of the practice of law, civility or its absence is often revealed in the discourse between counsel either with regard to objections or what are sometimes referred to as counsel soliloquies in regard to the appropriateness of questions. Counsel may note an objection and the questioning continues or can engage in a civil discussion so that the questioning attorney can try to understand the objection and to explore ways to overcome the concern. If the discussion devolves into yelling or name calling, the salient points almost always fall on deaf judicial ears leading to an unpleasant impasse. Addressing the difficulty of defining pornography, United States Supreme Court Justice Potter Stewart famously said that he knew it when he saw it: With respect to civility, we generally know it when we hear it.
contested case. They yelled as they departed, then laughed that they would not have to continue to answer questions. My client, understandably, became furious, adding pressure on me to make a strong showing so as not to look weak. Civility is never a true sign of weakness; rather, it is the most confident expression of strength. Keeping a consistent and calm tone during the unfortunate turn of events allowed me to make the record fully and politely as opposing counsel and his client departed. I continued after they left to complete the record knowing that the Court would resolve the issue one way or the other. Though it was more difficult with my client present and very upset, the record was clearer than if the situation had led to a mutual screaming match, to say nothing of the increased stress it would have caused all involved, including the client and the Court Reporter. Though the initial reaction from the client was shock that such unprofessional behavior by opposing counsel was met with a calm, civil assertion of our position on the record, when my client and I discussed what happened and what steps were available to redress it, the client understood the audible differences in approach. Our eyes may not always notice civility, but our ears rarely deceive us in this regard.
It is easier to be civil when things go our way, but civility is especially noticeable when we must confront adversity. Years ago, an attorney and his client walked out of a deposition I was conducting, terminating necessary discovery for a highly THE ADVOCATE
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Save the Date Mark your calendars for the Baltimore County Bar Association Swearing-In Ceremony on February 8, 2017 at 4:30 p.m. Join the esteemed members of the District and Circuit Court benches, Young Lawyers and Professionalism Committees, as well as Executive Council, in welcoming our new and young lawyers as they take an oath to uphold the law and promote professionalism and civility.
January 2017
ANNUAL MEMORIAL SERVICE by Rebecca A. Fleming On November 17, 2016, the Baltimore County Bar Association held its Annual Memorial and Recognition Ceremony to honor members who had passed away since November 2015. The service was well attended by the family and friends of the 10 members who were honored; Robert William Cannon, Robert Edward “Boz” Joy, District Court Judge I. Marshall Seidler, Charles E. “Chuck” Brooks, Roland R. Bounds, Circuit Court Judge Frank E. Cicone, District court Judge John P. Rellas, C. Stephen Basinger, W. Michael Seganish and C. Victor McFarland. The main bench included Judges Kathleen Gallogly Cox, Dorothy J. Wilson and Sally C. Chester. The balance of the Circuit Court judges were seated in the jury box with other District Court judges, Magistrates and retired judges. Present at the service were the following dignitaries – Court of Special Appeals Judge Daniel A. Friedman and Court of Appeals Judge Robert N. McDonald; Circuit Court Judges Vicki Ballou-Watts, Robert E. Cahill Jr. Judith C. Ensor, Paul J. Hanley and Nancy M. Purpura; District Court Judges Leo Ryan Jr. and Philip Tirabassi; Retired Judges Paul E. Alpert, Thomas J. Bollinger Sr., Robert N. Dugan and Alexandra N. Williams; Magistrates C. Theresa Beck and James R. Farmer; State’s Attorney Scott D. Shellenberger; Clerk of the Court Julie Ensor; District Public Defender Donald E. Zaremba; Circuit Court Administrator Timothy H. Sheridan; and Baltimore County Bar Association Past Presidents Alan R. L. Bussard, C. William Clark, David Downes, and Edward J. Gilliss.
the invocation. Channeling Dominick Garcia, who has himself given the innovations many times over the years, Mr. Gold welcomed everyone with a “Hey, baby,” prior to offering a prayer. Ms. Howanski then introduced the first speaker. Howard Majev spoke on behalf of the friends and family of his partner Robert Cannon. Mr. Cannon was a real estate attorney who, in 2008, was honored as the MSBA Real Estate Practitioner of the Year. He had long relationships with clients and was a mentor to the associates who worked for him. Married to Olive, he enjoyed the company of his family, including his children and grandchildren. Mr. Majev stated that he was thankful to have known Mr. Cannon, who made everyone who dealt with him a better lawyer and a better human being.
Judge Wilson offered the opening remarks on behalf of the judges of the Circuit and District Courts. Judge Cox addressed those gathered, noting that the Annual Memorial Ceremony provides an opportunity to reminisce about the deceased, perhaps to learn something new about them and most important, to recognize their contribution to the legal profession and to the greater community.
Unfortunately, William Beard, who was scheduled to speak on behalf of his good friend Robert Edward “Boz” Joy, was unable to attend the ceremony. He forwarded a message to Ms. Howanski, who shared his words with the assembled. Mr. Beard indicated that Mr. Joy handled all of the title work for Patapsco Federal Savings in the 1970s. The two men frequently had lunch and Mr. Beard fondly recalls the stories that Mr. Joy would tell of his childhood and his interesting and honorable military career. He said that he was sorry that he could not attend and added that Mr. Joy was missed.
Kristine Anne Howanski, the Chair of the Memorial Committee, then introduced Carl R. Gold, who gave
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ANNUAL MEMORIAL SERVICE Continued from page 18 Samuel Seidler was then called upon to remember his father, the Judge I. Marshall Seidler. Judge Seidler was born and raised in Baltimore County. He attended Baltimore City College, the University of Maryland and the University of Maryland School of Law. He was married to his wife Leah for 55 years and they had three children; Samuel, Adam, and Shari. He had five grandchildren, who all called him “Pops,” and who gave him the greatest joy in life. He became a member of the Maryland Bar in 1959 and served on the bench in Baltimore County for fourteen years before his retirement in March of 2003. Thereafter, he served a part-time retired judge all over the state. On May 20, 2003, then County Executive James T. Smith declared that day to be Judge I. Marshall Seidler Day. Mr. Seidler spoke of how well loved and missed his father is. The assembled then joined in a moment of silence and reflection as they remembered Charles E. “Chuck” Brooks. That moment was followed by another moment of silence to remember Roland R. Bounds. Magistrate C. Theresa Beck provided some additional information about Mr. Bounds after the service. Roland Bounds was bar President in 1980 and is connected to two of the other BCBA members recognized at the memorial service. The Secretary of the BCBA for that year was Mr. McFarland and Mr. Seganish was Chair of the Law Day Committee. One of his stated goals as BCBA President as found in the Quarterly Newsletter was to enhance the BCBA members connection to the MSBA. In later years, Mr. Bounds moved his law office to Howard County where he engaged in general practice son Stephen. Roland Bounds THE ADVOCATE
continued to enhance the profession by serving on MSBA President Roger Perkins’ Task Force on the Solo and Small Practitioner. This Task Force resulted in the establishment of a dedicated member of the MSBA Staff for the solo and small practitioner. Early on Mr. Bounds recognized that in order for lawyers to stay on the cutting edge of technology as well as the law, a central repository of assistance would be needed. Among the many awards he received was the MSBA David Hjortsberg Award in 1998 which recognized members’ efforts to enhance the profession. Ms. Howanski then called on Kenneth G. Macleay to speak on behalf of his father-in-law, Judge Frank E. Cicone. Judge Cicone was married to his wife Helen for almost six decades. They had three daughters and four grandsons. Judge Cicone was the last judge to have chambers in both the old courthouse and the new courthouse. He was the Administrative Judge from 1973 until sometime in the 1990s. Thereafter, he sat in Settlement Court, a program that he created, until he had his leg amputated, which required an extended hospital stay. Judge Cicone was revered, not only in Baltimore County, but around the state. Mr. Macleay would frequently hear attorneys from other jurisdictions speak about Judge Cicone, and how he would handle a particular case. At the time of his
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ANNUAL MEMORIAL SERVICE Continued from page 19
death, Judge Cicone had a group of best friends. According to Mr. Macleay, this was his fourth group of best friends, because he had outlived so many of his friends. Mr. Bussard was then called on to pay tribute to Judge John P. Rellas, his father-in-law. Judge Rellas was from New Hampshire. He attended college in Florida, and when he moved to Maryland to work for Continental Can, he was an accountant. He attended law school in the evening and became an attorney. He was married to his wife, Fay, and they had two sons, Peter and Aris. Judge Rellas liked golfing and hunting, and Mr. Bussard believed it was more for the social aspect of those activities. Judge Rellas was appointed to the District Court bench by Governor Mandel. As a judge, he enjoyed mentoring and helping young lawyers. He dispensed justice in a way that was caring, was humble and was sometimes harsh. To Mr. Bussard, Judge Rellas was a role model, a mentor, and the best friend he had in the legal community. Stephen Basinger was remembered by his friend, Jack Lebovitch, through comments read by Bruce Freidman. Mr. Lebovitch was friends with Mr. Basinger for about twenty-seven years. Mr. Basinger was from North Carolina. He spoke often of his wife, Helena, his children, his grandchildren and his stepchildren, whom he treated as his own. Mr. Basinger was remembered as a family man, a good lawyer, a good friend, and a good person. Michael Seganish was then called upon to remember his father, W. Michael Seganish. According to Mr. Seganish, his father was a hard worker who took pride in providing for his wife and two children. When his children were growing up, Mr. Seganish worked three jobs, and he exhibited that type of work
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ethic throughout his life. He was a practicing attorney, a full professor at Towson University, and he taught a CPA review course from the family home. His relationship with his family was the most important thing in his life. Toward the end of his life, regardless of the amount of pain he was in, he always wanted to see his family. Ms. Howanski then introduced Brian McFarland, who spoke on behalf of his father, C. Victor McFarland. Mr. McFarland had an interesting legal career. He worked for the Bureau of Land Acquisition, he was an Assistant State’s Attorney, he was a Magistrate Judge in the old magistrate court, and then he was in private practice, first in Essex and then in Catonsville. He is a Past President of the Baltimore County Bar Association. He was named Catonsville Citizen of the Year after defending the community against developers. While his one once thought his father was who he was because he was a lawyer, he learned later that his father was actually a really good lawyer because of the man that he was. The Honorable Sally Chester then spoke on behalf of the Bench. Judge Chester spoke of the impact and contributions made by those being honored. She reminded the assembled that enriched and enhanced
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ANNUAL MEMORIAL SERVICE Continued from page 20
the reputation and perception of the legal community. The assembled were reminded that although it is always too soon to part with loved ones, the deceased being honored had lived full and meaningful lives. According to Judge Chester, all of the honored would not be forgotten and indicated to their families that the members of the bar would always carry a bit of them in their hearts. Ms. Howanski then returned to the podium to move that the minutes of the proceedings be transcribed and be adopted as part of the official record of the Court and of the Bar Association for Baltimore County. After Judge Wilson granted the motion, Ms. Howanski introduced Baltimore County Bar Association President Robert J. Thompson.
Mr. Thompson recognized the members of the bench and bar and the friends and families of the deceased. He reminded the assembled that this Baltimore County Bar Association is a family of sorts, and stated that it is wonderful that this family gathers annually to honor the members who have passed away. He encouraged everyone to count the memories of the deceased as a blessing and to continue to celebrate them when they come to mind. Judge Wilson adjourned the Court and the Baltimore County Bar Association Memorial Service for Members of the Bar Who Have Passed Away Since August 2015 was concluded.
ANNUAL MEMORIAL SERVICE Kristine Howanski, on behalf of President Rob Thompson, the Memorial Committee, and members of the Baltimore County Bar Association, sincerely thanks the following for their generous financial contributions to the reception held at CafĂŠ Troia following the Annual Memorial Service on Thursday, November 17, 2016: Fred Allentoff Hon. Judith C. Ensor William A. Hahn, Jr.* Howanski, Meadows & Erdman J. Calvin Jenkins, Jr.* Julie E. Landau Christine A. Malanga Morgan, Carlo, Downs Winegrad, Hess, Friedman & Levitt Robert N. Winkler *Past Presidents of the Baltimore County Bar Association This reception provides family members, friends and colleagues of the deceased an opportunity to gather and share memories. It is always very heartwarming for the family members to hear stories and memories from professional colleagues of their beloved, and know that they have not been forgotten, and the lives they touched during their career.
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JUDGE GUS GRASON AND GREAT GRANDSON RICHARD GRASON JOIN GENERATIONS TO CELEBRATE THE BCBA’S 100TH ANNIVERSARY As told to Jeffrey R. Scholnick This is a conversation between Judge Gus Grason, 5th President of the Baltimore County Bar Association and his great grandson, attorney Richard Grason VI, as recorded by Jeff Scholnick. JUDGE GRASON: Congrats to the BCBA on its coming 100th anniversary. You know that I was the 5th President of the BCBA, from 1924 to 1925. It seems like it was just yesterday... RICHARD GRASON: That is amazing. You may have been the 5th President of the Bar, but you were the first President of the Bar who later was also a Judge. You should be very proud of that. JUDGE: I tell you what makes me very proud. The Bar Association growing and expanding and being something we couldn't have dreamed of in 1920. That is quite an accomplishment. RICHARD: What drew you to the law? JUDGE: I think it was in my blood. My father was Baltimore County State’s Attorney and my grandfather was also a Court of Appeals and Baltimore County Judge. My great grandfather was William Grason, Governor of Maryland from 1838 to 1841. Great-grandfather…wow, sounds old. Do I look old to you? RICHARD: No, sir. JUDGE: Anyway, my uncle, Captain William Grason, was an auditor of the Baltimore County Circuit Court in the early 1900’s. Also my sister married into the Turnbull family and gave birth to my nephew, John Grason Turnbull, who was a Baltimore County Judge from 1960 to 1976 and his son has been a Judge in Baltimore County Circuit Court since 1986. His son Jack is a practicing attorney and a member of the BCBA Executive Council and his daughter Kate is in the Baltimore County States Attorney’s Office. I guess I’ve had the same effect on others that some had on me! RICHARD: Why don’t you tell us the story of the first Judge Grason? JUDGE: That is a fascinating story. My grandfather, Richard Grason III, was probably the only judge in Maryland history who was elected, removed and then elected again. He was elected in 1864 winning by a mere hundred votes. Even though Judge Grason eulogized Abraham Lincoln, his opponent contested the election on the grounds that the new post-Civil War Maryland Constitution disqualified anyone from holding office who had been a Confederate sympathizer. The dispute went to the State House of Delegates. The judge was accused of being a Lieutenant in the Baltimore County Horse Guards who, along with the famous John Merryman, burned bridges and railroads at the beginning of the Civil War to prevent the Union troops from advancing through Maryland on their way to protect Washington, D.C. The Judge lost his job when the House of Delegates ruled that his election was a “nullity.” But in 1867, Maryland adopted a new Constitution which allowed office to those who previously held Southern sympathies. Freed of these allegations, Judge Grason was nominated again, but this time to serve as Chief Judge of the Third Judicial Circuit. His election that year as Chief Judge meant that he also served on the Court of Appeals. Judge Grason served through 1882, when he became the Auditor to the Circuit Court until he died in 1893. Continued on page 23
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JUDGE GUS GRASON AND GREAT GRANDSON RICHARD GRASON JOIN GENERATIONS TO CELEBRATE THE BCBA’S 100TH ANNIVERSARY Continued from page 22 RICHARD: That is quite a story. I understand that before you were a judge, you were a great trial lawyer. JUDGE: I loved being a trial lawyer, especially in cases that were high profile. RICHARD: Can you tell us about a couple of your cases? JUDGE: Yes. In one of my favorites, I represented a Japanese psychiatrist who was accused of murder. This Japanese doctor was the author of a number of books on mental illness. He visited Sheppard Pratt Hospital as part of his tour through the United States and he fell in love with a nurse who worked there. When she repelled his advances, he decided that it was because she loved another doctor at the Hospital. So, our Japanese expert brought a revolver to work one morning and shot the other doctor. Because he shot the victim in front of witnesses, our only defense was to plead insanity. RICHARD: Did you win? JUDGE: How do you define a win? We presented a number of psychiatrists to show his insanity, but the State had other experts. However, we were able to keep him from the death penalty, which, back in that time, was a big victory. Still, the case brought wide attention for the Japanese psychiatrist who pled insanity. RICHARD: Any other cases? JUDGE: Yes, the Socolow case. This was a murder trial in which those involved included a local attorney who was disbarred and charged with obstructing justice because he hid the defendant and his accomplices from the police. In that hard fought trial, I was one of the first lawyers in Baltimore County history to employ an expert for jury selection. As the Sunpapers noted in their October 15, 1922 article entitled G. Gill Smith to Aid Socolow Defense- Specialist in Jury Picking to Join C. Gus Grason in Towson Tomorrow, this was very unusual at that time. By the way, looking over that newspaper article, I noticed something that seems impossible today. Did you know that the Sunpapers listed the names of the potential jurors, their careers and the part of Baltimore County where they lived? And of course, as it was 1922, all the jurors were male. RICHARD: Wow, no anonymity. That seems correct, I just looked that up on the Internet on my phone. Unreal. A very different world. You were actually the Chief Judge of this entire Circuit for nine years? This also elevated you to the Maryland Court of Appeals. You served on the bench for a total of 25 years. JUDGE: What, did you say? “Internet”? Who is that? Is that his last name or is his first name “Inter?” Anyway, you are correct about the number of years that I served. RICHARD: Did you like the Bench or enjoy the practice of law more? JUDGE: As I told the Sunpapers when I retired, I loved to speak my mind and get involved in controversial cases before I joined the bench. (Judge Grason Dies at 71 at Nursing Home: Member Of Bench And Bar For 48 Years, He Retired 2 Years Ago, Sunpapers, Feb. 20, 1953) When I was on the bench, I missed the independence and freedom that the practice of law brought to me. I found the practice very rewarding because being a lawyer gave me the privilege to represent whomever I wished and to protect the constitutional rights of my clients. That is a powerful weapon and a great honor to wield. Remember that every day that you go to court! RICHARD: So, tell me what you are most proud of as you look back. JUDGE: When I retired, the Baltimore County Bar gave me a plaque which read, in part, that I had “a sterling reputation....unfailing devotion to” the court and that I aided “without ostentation and often secretly the Continued on page 24
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JUDGE GUS GRASON AND GREAT GRANDSON RICHARD GRASON JOIN GENERATIONS TO CELEBRATE THE BCBA’S 100TH ANNIVERSARY Continued from page 23 orphans and the oppressed.” I would often contact the Probation Department, after sentencing a Defendant, to have them work with other agencies to find them employment upon their release from jail. You can’t do that today, can you? Answer me this, why are you a lawyer? RICHARD: Being a lawyer is a fall back option. I really want to play for the Ravens. JUDGE: Who are the Ravens? RICHARD: Our football team. We’ve won two Super Bowls. JUDGE: What’s the Super Bowl? RICHARD: Never mind. What are you looking forward to? JUDGE: I’m looking forward to the Field of Dreams type reunion we are going to have for the BCBA 100 th anniversary. I hear a lot of good things about this current Executive Council. I am especially excited by the fact that Jack Turnbull, my great nephew and your third cousin, is on the Executive Council of the BCBA. If he continues on the Council, he might be the President of the BCBA about 100 years after me. That would be great, or as you kids say now, it would be the “bomb.” Make sure to check out the photos I brought with me or when I was of the Court of Appeals. RICHARD: Are there Courtrooms in Heaven?
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January 2017
JUDGE GUS GRASON AND GREAT GRANDSON RICHARD GRASON JOIN GENERATIONS TO CELEBRATE THE BCBA’S 100TH ANNIVERSARY Continued from page 24 JUDGE: Yes, it’s great and your bill is always paid! RICHARD: Sounds great. Mind if we take a selfie on my phone? JUDGE: What did you just say? Take a picture on your phone? Sounds stupid but sure, I guess. Can we go to Souris’ after, I haven’t eaten in 63 years, so I’m famished. Why do they put Old Bay on chicken now? RICHARD: Sure, we can go there. That place is still around. We put Old Bay on everything now. We even put them on Buffalo wings, but you may not know what those are because they were created in 1964. JUDGE: Buffalo what? When did buffalos start growing wings? So, tell me, kid - If buffalos have wings, do pigs fly now also? RICHARD: Only on television. JUDGE: I think I remember television. They were those boxes with the black and white shows, right? I loved Milton Berle, he was such a funny young man. Is he still around?
The Advocate and Historical Committees would love to share your family’s generational “legal” stories. Please feel free to submit an article (or an idea for an article), and photographs, to Jeff Scholnick at jscholnick@scholnicklaw.com to be included in a future issue. Thank you.
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COMMITTEE REPORTS All Committee Reports, Chair and ViceChair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org.
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January 2017
BENCH/BAR COMMITTEE REPORT by Laura C. Jenifer The December meeting of the Bench Bar Committee took place on December 8, 2016. In attendance were: Harry L. Chase, Orphans’ Court Chief Judge William R. Evans, Bruce E. Friedman, Pat Maher, Richard Grason VI, Baltimore County State’s Attorney Scott D. Shellenberger, District Public Defender Donald E. Zaremba, Laura C. Jenifer, Carl R. Gold, Baltimore County Administrative Judge Dorothy J. Wilson, Baltimore County Circuit Administrative Judge Kathleen Gallogly Cox, Administrative Law Judge William Somerville, Family Magistrate Wendy Z. Schenker, District Court Administrative Clerk S. Michael Esposito, Alaina Storie, District Court Judge Stacy A. Mayer, Robert K. Erdman Jr., Fred Allentoff, Abigail Cohen, Deputy County Attorney Gregory E. Gaskins, Leonard H. Shapiro, Circuit Court Family Law Administrator Richard Abbott and Circuit Court Clerk Julie L. Ensor. Judge Cox reported the Circuit Court currently has 20 judges with the most recent appointments of Judges C.
Carey Deeley Jr. and Dennis M. Robinson Jr. The County built two new chambers to accommodate the new judges. Abbey Cohen is the case manager for the civil and family cases. John Fee is case manager for criminal matters and will be handling the movement of these cases through system. Cases are being reached faster than previously in civil, family and criminal areas. Judge Wilson said that District Court administrator Mike Trassik is retiring and Don Mercine is filling in until a new person is hired. District Court is complying with Chief Judge John P. Morrissey’s request to impose the least onerous bails in criminal matters. Courtroom 5 in Towson has a problem with the HVAC and as a result there is a loud noise. The problem is being evaluated for repairs. Mr. Esposito said Courtroom 5 contains pipes that were installed incorrectly after flooding last year and that this will be corrected in near future. Mr. Esposito will check and see if the loud sound in this courtroom is impacting the electronic recording devices. Courts are closed December 26, 2016 and January 2, 2017. Circuit Court Clerk Ensor reported that her office hopes to increase staffing. Consent Motions are going to a judge for signature before being docketed to hasten their review. Special windows for both family and civil lawyers have been created in the clerk’s office. Family law lawyers may seek assistance at the civil lawyer’s window as well. State’s Attorney Shellenberger reported use of body camera roll out is continuing. The new bail review policy imposed by Judge Morrissey is effective in some jurisdictions but not so in others. Magistrate Schenker stated that uncontested divorces are getting priority. The Family Recovery Court created to assist families in drug and alcohol abuse has been successful. Deputy County Attorney Gaskins reported regarding administrative appeals that the time for cases to reach Circuit Court has gotten shorter. There are issues with the docketing of appeals in that clerk may not be able to tell if these appeals are on the record or de novo, which require an evidentiary hearing. Continued on page 23
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January 2017
BENCH/BAR COMMITTEE REPORT Continued from page 23 Mr. Shapiro reported about the criminal law bar. He said felony cases are being scheduled so quickly they are generating postponement requests. Judge Cox said the goal is to get the cases set in before the Hicks deadline and that the Court may need adjust the timeline. Circuit Court Administrator Timothy H. Sheridan suggested it might be better to set cases in later than the first six to eight weeks. Mr. Shapiro expressed his concerns about the problems with MDEC. As a result of this discussion a decision was made to put a notice in The Advocate to obtain feedback (both positive and negative) on the MDEC issues lawyers are having in both the civil and criminal bars. The criminal and civil bars will also receive an email requesting such feedback Mr. Grason IV reported the family law lawyers met for a helpful discussion of analysis of tax returns. In addition, a meeting to discuss the Family Recovery
program revealed concerns it may be damaging to a custody dispute. Magistrate Schenker added that this program is a positive way for a family to address a known abuse problem and is beneficial to the whole family. Mr. Chase stated that three new judges have been appointed to the Baltimore City Bench, including Baltimore County Assistant State’s Attorney Jennifer Schiffer, Chief Counsel to the Attorney General’s Health Occupations Prosecution and Litigation Section John S. Nugent and Deputy State Public Defender Charles H. Dorsey III. The Young Lawyers Committee held a toy drive on December 8, 2016 and plan an indoor skydiving event in White Marsh in February.
BAR FOUNDATION REPORT - JUDICIAL PORTRAITS by John B. Gontrum Your help is still needed in assisting the Foundation in funding the portraits of several deceased Circuit Court Judges. The Baltimore County Bar Foundation exists as an independent charitable organization with missions to foster and maintain the honor and integrity of the profession of the law; to improve and to facilitate the administration of justice; to enhance and improve the image of lawyers; and to promote the study of the law and research therein, and the diffusion of knowledge thereof. A few years ago a request was made to the Foundation to act to provide for those wishing to donate funds in order to honor deceased members of the Circuit Court Judiciary by having their portraits made and placed in the court house. The Foundation board believed that this was an appropriate task under its charter. To date, funds have been donated in varying amounts for portraits of Judges Jenifer, Brannan, Hinkle and Jacobson. Judge Buchanan’s
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portrait was fully funded by his family. Other portraits have been funded privately. Although each portrait costs a very reasonable $4,100, the funding has not gone as hoped, possibly because the pool of attorneys familiar with the deceased jurists has grown smaller with the passing of time. Judges Jenifer and Brannan, for example, both passed away decades ago. Consequently, the Foundation is in need of funds in order to cover the cost of completion of the portraits. A gift of any size would be appreciated, and would be tax deductible. At this point the Foundation owes $16,400 for the portraits commissioned, and less than a third of that has been received. We believe that the traditions initiated in Courtroom Five are important in establishing the continuity of the bar and the role of these individuals in the history of the county. We appreciate any consideration you might give to this appeal.
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Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns
Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family
WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL
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443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291
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January 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 or email rachel@bcba.org. Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410-337-9103).
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.
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MARYLAND STATE BAR ASSOCIATION 2017 BOARD OF GOVERNORS This is the annual announcement regarding the nomination and election process for vacancies on the Maryland State Board of Governors occurring in June 2017. The complete information packet, Nomination Petition, Biographical Sketch and Instructions can be found on the BCBA website: http:// www.bcba.org/site/wp-content/ uploads/2016/11/2017-BOG-Packet.pdf, and are also available at the Bar Office.
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January 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 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.
87-16 changes this to 6,000 square feet. These Bills, as approved, may be viewed on the Council’s website as listed above. The members of the County Council wish all the members of the Baltimore County Bar Association a Happy Holiday Season and a safe and prosperous New Year. We look forward to great things in 2017!
At its December 5, 2016 Legislative Session, the County Council approved a contract with the Maryland Office of the Public Defender to provide services for pretrial inmates incarcerated in the Baltimore County Detention Center. The Assistant Public Defender will provide services to pretrial inmates, including interviewing inmates, arranging for alternatives to pretrial incarceration (e.g., home detention), and ensuring plea negotiations are completed and cases are advanced on the court docket for disposition. The use of the public defender will help to expedite court dockets, which not only prevents lengthy trials, but also limits the need for victim/witness testimony, saves bed space at the Detention Center, and reduces demand on Department staff with respect to pretrial functions. The contract commenced November 5, 2016, continues for 1 year, and will automatically renew for four additional 1year periods with the option to further extend the initial term. At its December 19, 2016 Legislative Session, the Council approved Bill 84-16 – Transient Occupancy Tax – which amends the County Code to require that 8% of the current “Hotel Tax” collected be allocated to the operating budget of the County’s Office of Tourism and Promotion to provide the Office with the additional financial resources to maximize tourism and tourism-related activities for visitor to and residents of the County. The Council also approved Bill 86-16 – Downtown Towson (D.T.) Overlay District. Initially, Bill 49-16 created the D.T. District, effective August 15, 2016. Bill 86-16 modifies some of the design guidelines adopted by Bill 49-16 regarding environmental standards compliance and tree planting and open space requirements. Finally, the Council approved Bill 87-16 – Convenience Stores – which amends the Zoning Regulations relating to convenience stores, carry-out restaurants, and fuel service stations. One such example is the size. As defined in the Zoning Regulations, a convenience store may not exceed 5,000 square feet. Bill
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January 2017
CRIMINAL LAW UPDATE by Robert C. Lidston The December Amicus Curiarum features two Court of Appeals decisions and one by the Court of Special Appeals which may be helpful to practitioners. COURT OF APPEALS Spencer v. State, No. 94, September Term 2015, filed November 23, 2016, Opinion by Greene, J. Spencer was convicted of attempted second degree murder and related crimes. He had been involved in a police chase for several miles. When officers tried to "box him in," Spencer sped up, left the roadway and hit a cyclist, causing serious injury. Officers testified that they had seen the cyclist before the collision. A passenger in Spencer’s car testified that the car’s occupants were screaming for Spencer to stop and pull over, but that they only saw the cyclist just before the collision. Spencer never testified that he intended to hit anyone or that he had seen the cyclist. During the selection of the jury, the State approached the bench and raised a Batson challenge, claiming that the defense attorney was striking mostly white jurors. The prosecutor asked that counsel put on the record the reasons for the strikes. Counsel said he struck two jurors because of their professions. He struck a third juror because of his profession and because he was an older person. Counsel claimed he believed older persons are less sympathetic to defendants. He did not, though, strike two older African-American jurors because they had family members who were charged or convicted of crimes and he believed they would, thus, be more sympathetic. The trial judge found these reasons to be a pretext for racial discrimination because of counsel’s alleged pattern of discrimination. The judge had developed this belief in other trials and thought it was evident in the present case. The judge reseated the jurors stricken by defense counsel’s peremptory strikes. On appeal, Spencer argued that he did not possess the requisite specific intent to kill to sustain a conviction for attempted murder in the second degree. He also challenged the judge’s finding that defense counsel’s jury strikes showed a pattern of racial discrimination. THE ADVOCATE
The Court of Appeals reversed the conviction. Under Batson v. Kentucky, 476 U.S. 79 (1986), a party may challenge what it sees as discriminatory practice in the striking of jurors. A Batson analysis requires that a challenging party make a prima facie showing of unlawful discrimination; that the challenged party rebut that showing by providing race neutral justifications for the strikes; and that the trial judge determine whether those justifications are valid or a pretext for racial discrimination. Gilchrist v. State, 340 Md. 606, 667 A.2d 876 (1995). Defense counsel did provide valid, race neutral explanations for striking white jurors, based on occupation and age. The trial judge was clearly erroneous in finding that those explanations were a pretext for racial discrimination. That conclusion was based upon disputed facts that were not in the record and cannot, therefore, be reviewed. This required a reversal. Spencer was additionally entitled to a reversal of the attempted murder in the second degree conviction because there was no evidence that his goal was to harm the cyclist. His goal was to avoid the police. Driving in an extremely reckless manner is not sufficient to sustain attempted murder. There was no evidence that Spencer actually saw and intended to hit the cyclist, and therefore no evidence of specific intent. The evidence presented was legally insufficient to sustain Spencer’s attempted second degree murder conviction. State v. Hines, No. 4, September Term 2016, filed November 10, 2016, Opinion by Greene, J. Hines and a co-defendant Allen were jointly tried by a jury for robbery and murder. Both were identified by a surviving victim as the assailants. Allen gave a recorded statement in which he said that he was home until about noon when he went to record a music video at "Mike’s" house. He contended that he didn’t know Mike’s last name. At trial, a detective showed a surveillance video of Allen at a convenience store during the time in which he claimed to be at home. The video showed Allen there with Hines. Allen admitted to detectives that he was
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CRIMINAL LAW UPDATE Continued from page 32 in the video but claimed he did not know Hines. In an admitted video of Allen’s statement, police implied to him they knew "Mike" was a fictitious person. Evidence was also admitted that Hines lived in the same block as Allen. Hines had made a pretrial motion for severance, arguing that the introduction of Allen’s recorded statement, which was inadmissible against Hines, would prejudice Hines. Defense counsel had articulated the exact prejudice that would - and did come from the admission of Allen’s video at a joint trial. The trial judge admitted the statement video, with a limiting instruction to the jury that the statement was only evidence against Allen and was not to be considered against Hines. The Court of Special Appeals reversed the judge’s ruling and found that Hines was prejudiced by evidence that would not have been admitted had he been tried separately. The Court of Appeals agreed with COSA and held that the trial court abused its discretion in failing to sever the trials. Maryland Rule 4-253 permits a trial judge to sever joint defendants or joint offenses if a joinder would result in prejudice to the defendant. Under that rule, damage is done to a defendant from evidence that would be inadmissible had he or she been given a separate trial. The Court said that under McKnight v. State, 280 Md. 604, 375 A.2d 551 (1977) when a defendant is tried by a jury in a joint trial of similar but unrelated offenses, and evidence will be admitted that is admissible as to one or more offenses but inadmissible as the other offenses, prejudice occurs as a matter of law and severance of the offenses is mandated. In cases of co-defendant joinder, it is foreseeable that sometimes evidence that is non-mutually admissible may not unfairly prejudice the defendant against whom it is inadmissible because the evidence does not implicate or even pertain to that defendant. Therefore, prejudice does not exist as a matter of law upon the admission of non-mutually admissible evidence and the trial judge must separately inquire into the existence of prejudice.
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In defendant joinder jury trials, non-mutual admissibility alone does not entitle a defendant to a separate trial. However, the trial court must first determine whether non-mutually admissible evidence will be introduced and then must determine whether that evidence will unfairly prejudice the defendant. If it will, the judge must remove the prejudice by either granting a severance or other relief (such as redacting certain evidence). Allen’s statement, inadmissible against Hines, implicated Hines in a manner that there was a risk that the jury would not have followed the limiting instruction and not considered Allen’s statement against Hines. The statement could have been redacted to remove prejudice against Hines, but, as admitted, it resulted in unfair prejudice to Hines and called for a separate trial. COURT OF SPECIAL APPEALS Green v. State, No. 490, September Term 2015, filed December 1, 2016, Opinion by Graeff, J. A victim was shot and killed while sitting in his pickup truck. It was not disputed that Green was present at the time of the murder. A second man, who was taller and skinnier that Green, was the only other person with him at the time of the shooting. The contested issue was the identity of the shooter. During the testimony of the only eyewitness, the prosecutor asked her if she could identify the "taller skinnier" man if she saw him. She responded: "I think so." The State then informed the court that it intended to have her identify the other man present. Green’s attorney objected on the ground that the State violated its discovery obligations by failing to disclose that the witness would identify the accomplice at trial. The trial court allowed the State to bring the accomplice into the courtroom, where the witness identified him as the non-shooter. Green’s appeal was based on this.
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CRIMINAL LAW UPDATE Continued from page 33 The Court of Special Appeals affirmed the conviction. Maryland Rule 4-264(d) (7) requires the State to provide all relevant material information about pretrial identification of the defendant by a State’s witness. It does not include a co-defendant. Given this plain and unambiguous language, COSA held that the term "defendant" does not include a codefendant or other participants in the crime. The State did not violate its Discovery obligation by failing to disclose to the defense that it intended to have an eyewitness make and in court identification of an accomplice who was not on trial. The trial court also did not abuse its discretion by permitting the prosecutor, during closing arguments, to replay portions of a recording which was played for the jury but never physically offered into evidence. Because a party is entitled in closing
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arguments to discuss the evidence, counsel may repeat the evidence by replaying a recording that the jury had already heard.
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SAVE THE DATE flyer can be found on page 7 of this issue. Please mark your calendar for BCBA events held throughout the year.
January 2017
2017 Baltimore County High School Mock Trial Competition For over 30 years, the Bench and Bar of Baltimore County have assisted Baltimore County Public Schools in conducting one of the most successful high school mock trial competition in Maryland. In mock trial, students prepare and present a legal case based upon materials provided by the Citizenship Law Related Education Program (CLREP), a state– wide organization which has administered the state competition in cooperation with the Maryland State Bar Association and the Maryland State Department of Education since 1983. This year’s case involves a criminal prosecution, based loosely on the issues raised by the water safety controversy in Flint, Michigan. Each team has three attorneys and three witnesses with each attorney examining one witness and cross examining one of the opponent’s witnesses. In addition, both sides present an opening statement and closing argument. The cases are judged by practicing lawyers and judges. One judge or lawyer acts as the presiding judge and two additional lawyers act as the scorers for the match. The matches are scored based on a scoring rubric and standards provided by CLREP. The matches take place in the courtrooms at the Baltimore County Circuit Courthouse. They begin at 4 p.m. and typically conclude by 6 p.m. The competition is open to all the high schools, public and private, in Baltimore and Harford counties. Historically, over 35 teams participate making the competition the largest in the State of Maryland. There are two non–elimination rounds in which every school competes. Those two rounds are followed by a single elimination tournament which proceeds until a single team wins the competition. The winner then moves on to the state–level competition. The non–elimination rounds this year will begin shortly after students return to school in January and will conclude in February. The single elimination tournament then begins with the final match taking place in the fourth week of March.
The key to the success of this wonderful activity is your participation. We need volunteer attorney scorers! To volunteer, please contact Carol Rook at Baltimore County Public Schools (443-809-4017 or crook@bcps.org). Once you agree, to volunteer, you will be able to select matches convenient to your schedule and will be provided with instructions and brief materials to make the process easier. In past, attorney scorers have volunteered to score two or three matches. We know you are busy, so whatever assistance you can provide would be very much appreciated. The support of local attorneys is vital to the success of the program. Should you have any questions, please contact Carol Rook (443-8094017 or crook@bcps.org). Thank you for your help. We look forward to another successful Mock Trial year!
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January 2017
CIVIL LAW UPDATE by Cecilia B. Paizs Review of the November 2016 Amicus Curiarum revealed the following cases of interest: COURT OF APPEALS Mitchell v. Maryland Motor Vehicle Administration, No. 10, September Term 2016, filed October 28, 2016. Opinion by Harrell, J. Mr. Mitchell applied for and was issued a vanity plate that contained the Spanish word MIERDA. Two years later, after receiving a complaint, the MVA researched the word and determined that it was a profanity in Spanish. The MVA rescinded the vanity plate and Mr. Mitchell challenged the rescission. An Administrative Law Judge, the Prince George’s County Circuit Court and the Court of Special Appeals affirmed the MVA's decision. The Court of Appeals granted certiorari. The Court of Appeals affirmed, holding that the MVA rescinded Mitchell's vanity plates permissibly citing COMAR, which permits restrictions on vanity messages bearing, "profanities, epithets or obscenities." While vanity messages constitute private speech in a nonpublic forum, the decision to rescind Mitchell's plates satisfied the United States Supreme Court's requirement that government restrictions of speech in a nonpublic forum must be reasonable and viewpoint neutral. The decision examined the Supreme Court's determination in Walker v. Texas Div. Sons of Confederate Veterans, Inc., 135 S. Ct 2239 (2015), involving commemorative specialty vehicle license plates. The Court of Appeals determined that the MVA's regulation restricting the use of "profanities, epithets or obscenities" and its application to Mitchell's plates satisfied the requisite standards of reasonableness and viewpoint neutrality. COURT OF SPECIAL APPEALS Marguerite R. Morris, Personal Representative of the Estate of Katherine Sarah Morris v. Goodwin, No.
749, September Term 2014, filed October 26, 2016. Opinion by Woodward, J. Katherine Morris married Mr. Goodwin, who returned to his base at Fort Bragg, NC after the marriage while Ms. Morris remained in Maryland at the University of Maryland College Park. Nine months after the marriage, Ms. Morris committed suicide. Morris' mother, Marguerite Morris, was appointed as the personal representative of her daughter's estate and filed a petition to annul Katherine's marriage to Goodwin, contending that the marriage was based on Goodwin's fraud. The trial court ultimately dismissed the petition for annulment with prejudice because Marguerite lacked standing to sue for annulment of Katherine's marriage. The Court of Special Appeals affirmed, holding, consistent with the general principle accepted in other jurisdictions and by legal scholars, that a marriage procured by fraud is voidable, not void, because such marriage goes to the legal efficacy of a party's consent, rather than whether the parties could have established a valid marriage. Further, unless a party has initiated his or her own action to annul the marriage based on fraud prior to the party’s death, a personal representative lacks standing to challenge the voidable marriage after the death of a party. Cabrera v. Mercado, Nos. 1304 and 2393, September Term 2015, filed September 28, 2016. Opinion by Leahy, J. The parties were married and had a child born in Maryland on June 21, 2014. Four months later, Mother petitioned the District Court of Maryland for a protective order. A temporary protective order was granted on October 28, 2014, granting temporary custody to Mother. The final protective order hearing was scheduled for November 5, 2014 and rescheduled to November 17, 2014 by agreement of the parties. Two days before the final protective order hearing, Mother fled to Puerto Rico with the minor child. She filed a complaint for custody in Puerto Continued on page 37
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CIVIL LAW UPDATE Continued from page 36 Rico, which ultimately resulted in the grant of custody to Mother. Father filed an emergency motion for temporary custody and a complaint for divorce, custody and child support in Circuit Court for Montgomery County. The circuit court granted Father temporary custody. After Mother did not appear for a hearing, a body attachment was issued. The circuit court denied Mother's motion to revise the order and writ of body attachment, and her motion to decline jurisdiction and vacate the emergency temporary custody order. A merits hearing in circuit court on November 18, 2015 resulted in entry of an order granting custody to Father on December 11, 2015. Mother appealed from that order as well.
The Court of Special Appeals affirmed, recognizing Maryland as the child's home state under both Maryland’s Uniform Child Custody Jurisdiction and Enforcement Act and the federal Parental Kidnapping Prevention Act because he had lived with one or both parents in Maryland for his entire life until Mother relocated to Puerto Rico. In addition, because a Maryland court had issued the protective order in district court in the first custody proceeding initiated by Mother, Maryland had "exclusive continuing jurisdiction� under the UCCJEA and the PKPA. The Court also held that Mother had been properly served, and that where a party has fled the jurisdiction and made herself unavailable, the efforts of counsel to inform the absconding party of the emergency proceedings complied with Maryland Rule 1-351 and Family Law Section 9.5-107(a) (2). The Court held that the circuit court did not abuse its discretion in denying Mother's motion to decline jurisdiction for forum non conveniens, determining that the court fully considered the circumstances presented in the case from the time of the emergency temporary custody hearing to the entry of the order denying the request to decline jurisdiction almost one year later. Finally, the Court held that it did not have jurisdiction over Mother's contentions concerning the issuance of the body attachment because the denial of a motion to revise a body attachment is neither a final judgment nor an appealable interlocutory order.
New Hire? Office Relocation? Place your ad in The Advocate. Reasonable rates. Design assistance available. Contact Doris Barnes 410-337-9103 x101 doris@bcba.org
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January 2017
A FULL COURT PRESS FOR PRO BONO! THURSDAY, MARCH 23, 2017 6-9 PM M&T BANK STADIUM | SOUTHEAST CLUB LEVEL GENERAL ADMISSION $100 NONPROFIT, ASSOCIATE ADVOCATE & PARALEGAL TICKETS $75 EARLY BIRD PRICING AVAILABLE UNTIL FEBRUARY 3!
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January 2017
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January 2017
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
Don’t miss items included in this issue: Pg. 3 - Calendar of Events (December & January) Pg. 4 - Court Notices Pg. 6 - iFly Event Flyer, January 19, 2017 Pg. 7 - Save the Date Event Schedule Pg. 18 - Annual Memorial Service Tributes Pg. 34 - March 23, MVLS March Madness Event
MEMBER ADVERTISEMENTS Maryland Reports, Volumes #1 to #345. Walnut looking book case included. Currently located in Pikesville area. $350 or best offer. Gerald Zimlin, zimlinlaw@comcast.net , 410-686-1911. 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. Middle River. Professional space, share office. Use of conference and waiting rooms, copy and fax machine, and internet. Free parking. Available immediately. Contact Jerry at zimlinlaw@comcast.net or call 410-686-1911. Towson. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on individual needs. Contact Adam at 410-823-5003 or adam@spencefirm.com. Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just off Red Run Blvd., near I-795. Contact Andy Hermann at ahermann@LMCPLAW.com or 410-998-1198. 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.
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January 2017