Advocate June 2016

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 12

June 2016

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts

C om in g a tt ra ct ion s ...

In my final President’s Message of the 2015-16 bar year, I want to invite you to attend the installation for Robert J. Thompson as President of the Baltimore County Bar Association (BCBA). The installation will take place on Thursday, June 23, 2016 at 4:30 PM in Ceremonial Court Room No. 5.

President-Elect Thompson has already begun plans for the next bar year. He has met with incoming committee chairs, proposed a budget and scheduled several events. I know he has great plans for the upcoming bar year and we look forward to his leadership.

Please join us for the installation during our Stated Meeting. A reception will be held at the Towson Tavern immediately following the installation.

In this President’s Message, I also want to acknowledge the many

BCBA members who will serve as program chairs, speakers or moderators during the 2016 Joint Bench/Bar Conference in Ocean City, Maryland. The conference begins on Wednesday, June 15 through Saturday, June 18.

While the conference is a great time to network, relax and have fun, please be sure to take advantage of as many continuing legal education programs and materials as possible.

Baltimore County Bar Association lawyers are prominently featured throughout the schedule of educational programs. Among the BCBA – connected speakers and/or moderators are: Debra Schubert, Chris Nicholson, Kris Howanski, Henry Dugan, Tim Gunning, Mala Malhotra-Ortiz, Cecilia Paizs, Jim Gentry, James

Inside This Edition Attorneys in the Commty Bench/Bar Report Calendar of Events Civil Law Update Classified Ads Committee News County Council Update Court Notices Golf Outing Historical Perspectives Itineris, Inc. Judicial Portraits Law Day Awards Lawyers Assistance Member Ads Members on the Move Signature Sponsors YL Silent Auction F-up Technology Recap Understanding AGC

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Signature Sponsor June 2016

PRESIDENT’S MESSAGE

CONGRATULATIONS

Continued from page 1 Archibald, Paul Mark Sandler, Tim Sheridan, Wallace Kleid and Rhonda Framm.

Many BCBA member judges will also serve as speakers during the three-day conference. They are: Judges Robert N. McDonald, Kathleen Gallogly Cox, Alexander Wright, Jr., Judith Ensor, John Fader, Alexandra Williams, Dorothy Wilson, Leo Ryan, Jr. and Vicki Ballou-Watts.

A link to the Schedule of Events and program topics is included here: http://www.msba.org/Annual_Meeting/ Program_of_Events.aspx#daily

Congratulations to Christopher W. Nicholson (Turnbull, Nicholson & Sanders, P.A.), who is the recipient of the 2016 MSBA Beverly Groner Family Law Award. Mr. Nicholson will receive this esteemed award during the Annual MSBA Conference in Ocean City later this week. Chris is a member of the BCBA, and past recipient of the J. Earle Plumhoff Professional Attorney of the Year Award.

Then, after you’ve explored the exhibit hall, met the vendors and attended education sessions each day, please stop by the BCBA Hospitality Suite in the evening beginning at 7:00 PM. The hospitality suite will be located at the Clarion Resort Fontainbleu Hotel in Cabana 202.

I hope you will join the BCBA family for PresidentElect Thompson’s installation on June 23. And, as for the Joint Bench/Bar Conference – well, “we’ll see you down the ocean …”

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

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The BCBA Mezzanine Office and Meeting space (only) is being relocated, effective immediately. The Court will be utilizing the Mezzanine 08 space for other purposes, which you will hear about soon. Therefore, all CLE and other Committee meetings will be held in either the Grand Jury Room, 4th Floor Judicial Conference Room, or available courtroom. In July/August, new offices for our Executive Director Doris Barnes, and Executive Assistant Maxine Morrow, will be open across the (former) 9-1-1 Bridge. We will let you know when it is safe to come visit the new space.

LRIS will continue to be located in Room 100 on the first floor lobby.

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June 2016

C ALENDAR

2015-16 Officers President Pres-Elect Secretary Treasurer

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

Executive Council Hon. Keith R. Truffer Michael W. Siri Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles T. Wray McCurdy, Immediate Past President Alexander C. Steeves, YL

OF

E VENTS

June 2016 2

Annual Golf Outing, 12 p.m. Lunch, 1 p.m. Shotgun Start, Rocky Point Golf Course. Beginners’ Clinic will start at 2 p.m. & finish w/dinner 6 E&T: Legislative Update, 5 p.m., County Courts Building 8 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Volunteers: Craig Little, Paul Rouhana, David Silverberg & Rob Tully 8 Negligence, Insurance & WC Planning Meeting, 5 pm, Grand Jury Room 9 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room 14 Executive Council Meeting, 8 a.m., Judicial Conference Room 363 15 MSBA Annual Conference, Ocean City, Maryland, Clarion Resort - 18 Joint Meeting with members of the Maryland Judiciary

Chair

Please visit the BCBA Hospitality Suite during the MSBA Annual Conference - hosted by Signature Sponsor Weyrich, Cronin & Sorra and additionally sponsored by ICS Insurance Wednesday-Friday, 7 pm through midnight, located in Cabana 202 at the Clarion Resort Fontainbleu, 10100 Coastal Highway, Ocean City.

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

Contributing Writers C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Keith R. Truffer Laurie Wasserman Catherine F. Woods Matthew I. Wyman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.

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Professionalism Committee Planning Meeting, 5 p.m., Grand Jury Room Bar Foundation Meeting, 3:30 p.m., Judicial Conference Room 363 BCBA Annual Stated Meeting & Reception, 4:30 p.m., Ceremonial Courtroom No. 5, Reception immediately following at Towson Tavern Real Property & State, Local Law and Zoning Committees Planning Meeting, 5 p.m., Grand Jury Room Criminal Law Committee Planning Meeting, 5 p.m., Grand Jury Room

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COURTS & BAR OFFICE CLOSED in observance of Independence Day CLE Committee Planning Meeting, 5 p.m., Grand Jury Room Estates & Trusts Committee Planning Mtg., 5 p.m., Grand Jury Room Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Family Law Committee Planning Meeting, 5 p.m., Grand Jury Room Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Volunteers: Craig Little, Brady Locher, Jim Nolan Law Day Committee Planning Meeting, 5 p.m., Judicial Conf Room 363

Committee Planning Meetings are open to all attorneys, regardless of whether or not you are a member of that specific committee. All suggestions will be discussed and considered for programming during the July 2016-June 2017 Bar Year. If you have something to contribute but cannot attend the meeting, please email doris@bcba.org. We hope to see you soon!

The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Publication deadline: 5th of the month preceding publication.

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June 2016

COURT NOTICES Circuit Court for Baltimore County

Chambers of

County Courts Building

Kathleen Gallogly Cox

Towson, Maryland 21204

Circuit Administrative Judge &

410-887-6510

Counsel are reminded that Maryland Rule 1-311 requires that you include your e-mail address, along with a facsimile number, if you have one, on any pleading or other paper filed with the Court. Email addresses are particularly helpful when there is a need to contact counsel on short notice. Please remember to include this information in your signature block.

On June 20th the County will begin a project to replace/refit the patio pavers on the right hand side (as you walk out/South side) of the front main entrance of the County Courts Building. The project will close off the patio on the portico on that side, which will block traffic coming up from the Bosley side. Those people will need to travel up the Chesapeake Avenue side walk. The project will end by September 20th and should not cause any disruption of Court.

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June 2016

BENCH/BAR COMMITTEE REPORT

by Laura C. Jenifer The May meeting of the Bench/Bar Committee took place on May 12, 2016. Senator Robert Zirkin spoke about interesting bills that were introduced on the latest legislative session some of which were passed and some were not.

According to Judge Williams the judicial vacancies for Judge Jung and Judge Williams are being advertised. The Judicial Nominating Committee is meeting July 25 and July 28. The new District Court building on the “west side” will break ground in the fall. All District Court civil matters will remain in Towson and docket structures are not scheduled to change.

The Baltimore County Circuit Court Clerk’s Office is down six clerks and mandatory overtime is in effect. In Harford County Circuit Court Deb Schubert reported that Judges Lanahan and Pitt are no longer sitting. Another judgeship as been created in Harford County Circuit Court. Attorneys are allowed to have their cell phones in courtrooms but they must be turned off. Tony DiPaula will be serving as the new President of the Harford County Bar Association.

The Criminal Law Report was given by Lenny Shapiro in which many attorneys are concerned with the enactment of the proposed Rule 16-804 which will make it difficult for an attorney to get a postponement where the case is previously set and the attorney has a conflict with another case. The attorney will have to show that they tried to get another attorney to handle the case but the client only wants that attorney to represent them. Scott Shellenberger has spoken to Judge Wilner regarding the affects of this proposed Rule and Judge Wilner is going to call a meeting to discuss the potential problems.

facility; a reduced impact of technical violations of probation; the sentence was increased for a conviction of second degree murder and child abuse resulting in death; increased felony theft to over $1500; and expanded the list of crimes subject to impingement.

The consumption and distribution of alcohol was addressed by the passing of Noah’s Law which makes .08 the requirement for a person to have an interlock system installed on their vehicle. Also, the Alex and Calvin Law passed in which it makes it a jail able offense to knowingly serve alcohol to someone who is under 21 and is going to be driving a car.

Regarding civil matters. The Local and State Tort Claims Act notice provision was increased to one year and non-compliance will be excused if the Plaintiff can show the government has actual or constructive notice. Corroboration testimony in divorce cases has been eliminated.

There are several bills that did not pass that were mentioned by Senator Zirkin, including an award of punitive damages for driving under the influence; elimination of judicial elections; raising the mandatory age for judicial retirements; approval for surveillance cameras on MTA buses; a death with dignity law; and a presumption of joint legal custody.

Senator Zirkin reported that the Judicial Reinvestment Act passed unanimously which provides for the elimination of mandatory minimum sentencing for drug charges; supports mental health treatment for drug users by reducing the amount of time they have to wait to get a bed in a mental health THE ADVOCATE

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The Bench/Bar Committee does not met in July or August. The next meeting will be held on Thursday, September 8, 2016 at 8 a.m. in the 4th Floor Judicial Conference Room.

Incoming President Rob Thompson has made appointments to this committee for 2016-2017, and the list will be published in the July 2016 issue of The Advocate.

June 2016

BCBA ANNUAL GOLF OUTING & BEGINNERS’ CLINIC

by Debra A. Thomas After weeks of a cold and rainy spring, the weather couldn’t have been better with a beautiful sunny afternoon for the Baltimore County Bar Association Annual Golf Tournament held on Thursday June 2, 2016. This year the tournament returned to Rocky Point Golf Course, which is a public course in Essex.

Lunch was served at noon with a shotgun start at 1 o'clock. Our new caterer, Class Act Caterers, served a delicious lunch that included pit beef, hamburgers, turkey burgers, hot dogs, potato salad and coleslaw, prior to the start of the days’ events.

and met everyone throughout the day as he delivered cold refreshments. Dr. Charles Thorne, Dr. Larry Yalich and Bruce Laird of MultiSpecialty Healthcare provided generous gift cards from Café Troia to the winners of the best-dressed foursome: Rebecca Fleming, Dave Luby, Keith Pion and Michael Siri. This foursome not only coordinated their colors, but had an altered BCBA logo specially designed for this event. See their photo included on the next page. Monica Seinkiewicz and Irwin Court Reporting generously donated a golf-theme basket which James Sorensen won in a raffle.

First Place was won by Gerry Ruter, Bill Purpura, Alan Bussard and Gary Proctor, each receiving $40 in Pro Shop Credit. Second Place winners Bryan Tillman, Jim Sorensen, Marshall Henslee and Read Carter each received $25 Amazon gift cards.

Several sponsors supported this tournament and contributed to the success of the event. Annual Signature Sponsor Mark Norris of Chesapeake Valuation Advisors provided a sizable, portable insulated bag for everyone. FYI, There are still a few remaining in the Bar Office for members. Other contributing sponsors included Advantage Sentencing Alternative Programs (ASAP) with Betty and Danielle Winchester providing snacks on hole #4 and offering Closest to the Pin Contests on holes #4, 7 and 11. Gary Proctor, Jim Shea and Chris Mudd, respectively, won $100 cash for their putting expertise (or luck)! Gore Brothers Court Reporting & Videoconferencing, where Sharon Rabinowitz and Matt Seiler greeted golfers at the 18th hole, held a Longest Drive for Men and Women. Winners Chris Mudd and Sarah Grabenstein were awarded gift bags

by Joe Grabowski. The tournament give-away was a tumbler, which gave golfers a handy way to keep refreshments cold on the course. John Pardoe of Byte Right Support sponsored the beverage cart,

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The other flight, First Place, was won by Dr. Larry Yalich, Rob Broseker, Dr. Charles Thorne and Joel Thorn, each also receiving $40 in Pro Shop Credit.

Second Place winners Charlie Winchester, Chris Sporer, Bob Rueter and Betty Domozych each received $25 Amazon gift cards.

The Beginners’ Clinic, led by Assistant Pro Mark Sims, included Judge Vicki Ballou Watts, Debra Thomas, Jill Green, Lisa Settles, and Maxine Morrow. They all made significant improvement, and actually played the 18th hole! There's hope that maybe next year the group can form a foursome and play 9 holes.

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June 2016

BCBA ANNUAL GOLF OUTING & BEGINNERS’ CLINIC Continued from page 6

Closest to the Pin Winners ...

Longest Drive Winners ...

Sponsored by ASAP & Charlie Winchester

Sponsored by Gore Bros. & Joe Grabowski

Winner of the 50/50 Raffle ...

Debra Thomas was the lucky winner of the 50/50 raffle, in the amount of $355. Without even a moment’s hesitation, Debra announced that she would like the money donated to Itineris, Inc., the BCBAdesignated Charity of 201516. In appreciation for her generosity, she was provided with a basket of artwork created by Itineris clients, which was intended as a raffle prize. Debra was pleased to accept this gift. Judge BallouWatts expressed her heartfelt appreciation for Debra’s generosity.

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June 2016

BCBA ANNUAL GOLF OUTING & BEGINNERS’ CLINIC Continued from page 7

Flight Winners … First Place

Flight Winners … Second Place

Gerry Ruter, Bill Purpura, Alan Bussard & Gary Proctor with Mark Norris, Chesapeake Valuation Advisors

Dr. Larry Yalich, Rob Broseker, Dr. Charles Thorne & Joel Thorne

Bryan Tillman, Jim Sorensen, Marshall Henslee & Read Carter with Mark Norris, Chesapeake Valuation Advisors

Judge Vicki Ballou-Watts (center), with Betty Domozych & Charlie Winchester. Not pictured Chris Sporer and Bob Rueter

Best Dressed Foursome was awarded to Keith Pion, Rebecca Fleming, Michael Siri and David Luby, not just for their Orioles’ color coordination, but also for the creative re-design of the BCBA logo appropriate for social events, and undeniably “Baltimore!”

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June 2016

BCBA ANNUAL GOLF OUTING & BEGINNERS’ CLINIC Continued from page 8

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June 2016

LAW DAY: AWARD PRESENTATIONS

by Terri Beck Dominick Garcia presents the 2016 Judith P. Ritchey Award Dominick Garcia, often called to provide the invocations at bar events, and himself a Law Day Award winner, presented the 2016 Judith P. Ritchey Award. Dominick, like this year’s honoree had the pleasure of knowing Master Ritchey for whom the award is named. She is recognized not only because she broke the gender walls by being appointed the first lady juvenile master in Baltimore County and by being the first lady to join the Executive Council, but also for her tireless contributions to all of the charitable and educational programs of the BCBA. The 2016 Judith P. Ritchey Award recipient, Myles F. Friedman has, likewise, greatly added to the proficiency, respect and reputation of the Bar Association.

Dominick reported that this year’s recipient has been working to enhance the profession for over 50 years.

Upon admission to the Bar, he had the good fortune of joining his father Irv Friedman, and brother–inlaw Joel Pachino, in their Baltimore City practice before moving his practice to Dundalk in 1965.

Myles often spoke of the wonderful gift he had in his father’s mentoring. Myles’ steadfast commitment to the highest form of professionalism was recognized when he received the J. Earle Plumhoff Professionalism Award in 1999. Dominick Garcia, later joining the practice saw first hand how Myles made doing the right thing essential, even when it was difficult, and just what a special and rare gem he had in his friendship with Myles. Many observe that Myles’ legacy of comradery has infected countless others.

Myles joined the BCBA and worked on many of the committees, rising to the level of chair, often more than once being chair of the same committee.

Ultimately, this led to Myles being tapped to join the Executive Council where he served for 10 years before being President in 1988-1989. Myles continued to support events long after his presidential year, from seminars to the Law Day luncheons and breakfasts, retirement celebrations, golf outings, as THE ADVOCATE

well as the bull roasts and stated meetings. Myles’ charitable endeavors also include being elected to the Maryland Bar Foundation in 1993.

We know who was at many of these events and meetings, and what took place, because more often than not, Myles showed up with his camera in hand, and his lens in focus. Many newer members wouldn’t recognize Myles with-out his camera. Myles spent countless hours, not to mention dollars, obtaining copies of photos, and sending photos to many for us in the BCBA. Having tried to fill-in camera duty from time to time, it is definitely not an easy task and really consumes the event, but Myles made it look easy.

While the biggest product of Myles’ contributions to the BCBA includes the exceptional high number of quality photos that the BCBA has, and features regularly in The Quarterly, and now The Advocate, that is not the only memento of his many contributions to the association. Myles’ welcoming personality brought many members into the association, and that domino effect on the growth and quality of the association may be unmeasurable, but is invaluable. Given the time frame, he was most definitely part of the team that welcome Judy Ritchey to the Executive Council. While Judy Ritchey broke gender walls, Myles was on hand to open the gates.

Being new to the practice of law as Myles was

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June 2016

LAW DAY: AWARD PRESENTATIONS Continued from page 10 serving on the Executive Council, I know first-hand how welcoming Myles was to all energetic attorneys, and a specific gender or race was not a pre-requisite to getting a friendly smile or an invitation to participate in activities As Judy Ritchey’s enthusiasm and professionalism left an indelible mark on the association, Myles has contributed to the growth and depth of the association, as well as done a herculean amount of work to preserve its history. The always-gracious Myles responded by first thanking the association for the honor. He quickly credited his father with much of his own success. Myles also noted the significant support of his close family, his wife, and many other family members being present. Myles also made a point of the wonderful friendship which he had with Dominick, and countless other BCBA practitioners.

Judge and Kathy Fader, Past President Judges, Daniels, Byrnes, Wright, Nagle, and Alan Bussard, Debra Schubert, Bud Clark, Ed Gilliss and Carey Deeley were among the many in attendance at this event.

Dana Williams presents the 2016 Law Day Award Past President Dana Williams opened his presentation in Old Court Room V by noting that the BCBA Law Day Award is presented on Law Day because this is day that the rule of law is celebrated, and the connection between excellent bar leaders and the rule of law is quite significant. While the criteria for BCBA Law Day has four components, the “Service to the bar association over the course of several years” requirement is the lynchpin of the other criteria. It would be impossible to list all of the awards that Debra Schubert, this year’s honoree has already received, but the list includes the MSBA Sherman Award in 2016 and The Daily Record Maryland’s Top 100 Women in 2015.

Debra was chair of practically everything not long after she joined the BCBA, including the Law Day, Entertainment, Young Lawyers, and Advocate Committees. Debra brought a novel approach to her committees each year by blending the old with some new. For example, when she was chair of the Young Lawyers Committee, she started partnering with the Law Library for what was one of the most successful events every year, the Library Holiday Literacy Lunch, and she donated very popular trail rides for the Young Lawyers’ Bull Roast silent auctions. Members new and old got to know Deb because of the countless hours she spent in the Bar Office answering the phone for Lawyer Referral, something which she continued to do long after her 10 years on the Executive Council and her year as BCBA President.

Debra did not only lend her talents to the BCBA but she was in the first class of the Maryland State Bar’s Leadership Academy which included being very active with the Lawyers for Literacy program. She went on to chair the very important and timeconsuming post of the MSBA Budget and Finance Committee for many years, and also implemented

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Myles and Boni Friedman THE ADVOCATE

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June 2016

LAW DAY: AWARD PRESENTATIONS Continued from page 11 several new and time-saving approaches to the MSBA bar financial management program. Debra served on the Executive Committee of the Maryland State Bar, along with being on the Board of Governors, for several terms before becoming the 2014-2015 President.

Debra Schubert volunteered countless hours assisting animal rescue organizations in Harford County, including the Fallston Animal Rescue Movement (“FARM”). Debra even opened up her farm for fundraisers for this organization. She is also a member of the Maryland League of Horseman where she donates time assisting with the State Park trail clean up and refurbishing. Debra Schubert also volunteered with the MSBA Young Lawyers in painting and the clean-up of BARCS Baltimore Animal Rescue and Care Shelter.

of mine that Deb participated in — was the Polar Bear Plunge, which no doubt froze every cell in her body, but has helped raise large amounts of funds for Maryland Special Olympics.

Dana Williams observed, that Debra gets the most out of every day. More importantly, she practices what she preaches. She never sought volunteers for any activity or sought donations for any of her many charities that she was not actually volunteering and donating time and money herself. Through each of these activities, Debra has been and is able to inspire others to do more to support the associations, as well as to give back. Not surprisingly, “giving back” was her motto for her MSBA presidency. You would have to look very long and hard to find an activity in the BCBA or MSBA that didn’t improve and expand as a result of Debra’s inspiration.

Debra graciously accepted the Law Day Award.

Keeping with her genetic predisposition of never seeking accolades, she is driven by knowing that the lives of others are better for these efforts. Debra thanked the many people that opened doors for her when she joined the association. Debra specially thanked her family for giving her the space, time and encouragement to pursue these time consuming efforts. She offered that her success was a direct reflection on both her family and good friends.

Debra Schubert is an active supporter of numerous veterans’ causes and volunteered with the MSBA Young Lawyers welcoming home veterans at BWI Airport. In the recent past, she spearheaded an exploration of a “Veterans’ Court” to facilitate veterans who encounter legal problems. This effort came to fruition with the Veterans Treatment Court in Baltimore City. Her name is synonymous with the Veterans Affairs and Military Law Section of the MSBA. Of course, the all time favorite (not) activity

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June 2016

UNDERSTANDING THE ATTORNEY GRIEVANCE COMMISSION On Tuesday, April 12, 2016, the Professionalism Committee hosted Maryland Court of Appeals Judge Shirley M. Watts and Attorney Grievance Commission member Kendra Randall Jolivet, who gave an informative and enlightening presentation on the Attorney Grievance Commission process. The speakers noted the most frequent professional responsibility complaints lawyers encounter and made suggestions. Judge Watts discussed several recent impact case decisions from the Maryland Court of Appeals. A reception, was held in the new Judicial Conference Room immediately after the program.

Carolyn Thaler serves as Chair of the Professionalism Committee

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June 2016

COUNTY COUNCIL UPDATE

by Thomas H. Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25).

The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well.

On Thursday May 26, 2016, Council Chairwoman Vicki Almond delivered the County Council’s Budget Message before a large audience in attendance in the Council Chamber, and announced the adoption of the $3.1 billion total operating budget for Fiscal Year 2017. Mrs. Almond’s address highlighted some of the County Council’s policy initiatives from this past year, including passing legislation to make veterans a protected class and prohibit discrimination on the basis of one’s status as a veteran, amending the Zoning Regulations to grant limited approval to medical cannabis growers, processors, and dispensers in certain business, manufacturing, and agricultural zones but not near any schools, increasing the amount of the tax credit for utilizing solar and other renewable energy sources, toughening penalties for distribution of tobacco products to minors, and creating a Food Policy Task Force to address food insecurity with children in school and with our seniors.

Mrs. Almond also expressed the Council’s continued support for the Schools for Our Future initiative and the financial commitment to eliminate present and future school overcrowding with renovations, additions, and new schools, and to provide air conditioning to all county public schools. This aggressive initiative, which has significant dollars being forward-funded by the County, will result in central air conditioning in all THE ADVOCATE

county public schools by 2018. Another important initiative is the County’s commitment to its underground infrastructure. With over 3,000 miles of sewer lines and 2,000 miles of water lines, many over 50 years old, the County has invested over $500 million since 2005 in relining or repairing miles of pipe and modernizing pumping stations.

Additionally, Chairwoman Almond spoke of the County Council’s ongoing Comprehensive Zoning Map Process, which serves as a blueprint of the Council’s collective vision for land use and economic development in the County, and also highlighted some current and future projects. These include the Towson Row mixed-use development in the heart of the County Seat, the Metro Centre in Owings Mills, Foundry Row which is set to open the second Wegman’s in Baltimore County this fall, Greenleigh at Crossroads, a 200 acre mixed-use community along Maryland Route 43 in Middle River, and the Sparrows Point peninsula, which has recently been renamed Trade Point Atlantic to reflect the goal of a global distribution powerhouse and world class center for business and trade in the coming years.

Mrs. Almond was also proud to state that all of these projects and policy initiatives have been accomplished without tax increases, without any reduction in County services, and all while maintaining the County’s Triple A bond rating – truly a reflection of the County’s sound fiscal practices and financial management, and the County Council’s effective oversight. **Schedule Alert – Please note that during the summer months of June, July, and August, the Council meets for its Legislative Session only once per month on the first Monday of each month at 6:00 PM in the Council Chamber. The Council will resume its twice monthly legislative schedule in September. In addition, the Council will vote on CZMP Issues on Tuesday, August 30, 2016 at 6:00 PM in the Council Chamber.

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June 2016

YOUNG LAWYERS SILENT AUCTION FOLLOW-UP ...

The Young Lawyers Bull & Oyster Roast and Silent Auction was held on April 3, 2016. YL Chair, Sandy Steeves, creatively included Lunch with BCBA President Hon Vicki Ballou -Watts, as an item for bid, with the proceeds benefitting this year’s designated charity, Itineris, Inc. As a long-time member and supporter of all BCBA events, Emma Twigg Clark (and her husband Joe Kostlow), were extremely happy to have the winning bid, and they enjoyed lunch at Café Troia in Towson, on Thursday, June 9th.

LAW LIBRARY NEWS LEXIS ADVANCE The Law Library recently switched over to Lexis Advance. Stop by the library and be one of the first try out the new format. If you would like personalized training on Lexis Advance or any of the library’s resources, please contact Scott at 410-887-3086 to schedule an appointment.

NEW ITEMS The following hot topic books were either updated or added to the library’s collection in May. Land use institute 2015 -- Balto. Md. MICPELKFM, 2015.

Money laundering : legislation, regulation & enforcement / Weismann, Miriam. -- Chicago, IL: ABA, 2014.

Municipal law deskbook / Scheiderich, William. -- Chicago, IL: ABA, 2015.

Ocean and coastal law and policy / Baur, Donald; Eichenberg, Tim. -- Chicago, IL: ABA, 2015.

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June 2016

HISTORICAL PERSPECTIVES: WHAT BALTIMORE COUNTY JUDGE LATER SERVED AS U.S. AMBASSADOR TO DENMARK?

by Jeffrey R. Scholnick In 1851, Judge Albert Constable, was the first Judge elected in Baltimore County history. (See Advocate article from last month.) Unfortunately, Judge Constable died unexpectedly, at the youthful age of 50, in 1855.

Governor Thomas Ligon offered James Buchanan the appointment to the vacated Judgeship on August 31, 1855 (Sun, “Appointment of Judge Tendered,” September 1, 1855.) However, he only served for a few months because he was defeated in the election of November, 1855. Instead, he left Baltimore County for the intrigue and glamour of international diplomacy. He was offered the position of U.S. Ambassador to Denmark, a coveted position. He served as the Ambassador until 1861. (Interestingly, he was appointed by President James Buchanan, who was not related, but who understood the honor be bestowed as the President had served as Minister to Russia from 1832 through 1834 and Minister to England from 1853 to 1856.)

Who was James Buchanan? According to the Maryland State Archives, Judge Buchanan was elected to the Maryland House of Delegates in 1826, when he was only 23 years of age! He served two terms in the House.

(According to PoliticalGraveyard.com, he was born in 1803.)

The wonderful book, “Baltimore: Past and Present”,

by Brantz Mayer, Richardson & Bennett Publishers, 1871,) states that, in 1841, Judge Buchanan was nominated for Congress, by an almost unanimous vote at a nominating convention. He declined the nomination out of dedication to his burgeoning law practice. He was appointed Postmaster of Baltimore City in April, 1845 and served for four years, while continuing his law practice (uspcs.org website.)

In 1851, Judge Buchanan was a member of the State Constitutional Reform Convention that separated Baltimore County from the City and created Judicial elections with specific terms of office. The ratification of this Constitution resulted in the election of Judge Constable later in 1851. Judge Buchanan not only served in the Convention for six grueling months, but was elected President Pro Tem THE ADVOCATE

and was never absent for a single day of debate (“Baltimore: Past and Present.”)

In 1852, the death, in Southern Pennsylvania, of a fugitive slave by a Maryland Officer, led to heated relations between the two states. In order to quell the anger of a neighboring state, the governor of Maryland, Enoch L. Lowe, appointed two commissioners to travel to Pennsylvania, investigate the circumstances leading to the death and diplomatically resolve the issues resulting from the slave’s murder. Governor Lowe appointed Judge Buchanan as one of these commissioners. In short order, Judge Buchanan successfully and peacefully addressed the concerns of Pennsylvania’s government.

In 1855, Judge Buchanan was appointed Judge of the Circuit Court of Sixth Circuit. This included Harford, Cecil and Baltimore Counties. Even though he was a Democrat, Judge Buchanan was so highly regarded that the Whig Party joined in a Resolution supporting his election,(Sun, October 18, 1855). The Resolution called him a “lawyer of extensive legal learning and experience…..a gentleman of high honor and integrity…..[who] possess[es] in a high degree the qualities of …energy, fairness and independence, so necessary in a Judge.”

Appointed Ambassador to Denmark on May 11, 1858, he received his credentials three months later.

Events in Denmark were probably quite interesting to Judge Buchanan because the country was going through preparations related to its own civil war- a portion of Denmark wanted to cede and affiliate with Germany.

Judge Buchanan remained with his family in Europe for a few years after he was recalled as Ambassador by the Lincoln Administration in May, 1861.

However, he returned to Maryland and Baltimore County and practiced law. He continued to be active in Democratic politics. On March 4, 1868, he was a

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June 2016

HISTORICAL PERSPECTIVES: WHAT BALTIMORE COUNTY JUDGE LATER SERVED AS U.S. AMBASSADOR TO DENMARK? Continued from page 16 dignitary at a Mass Rally in support of President Andrew Johnson when he faced impeachment (Sun, “Mass Meeting at the Front Street Theatre,” March 5, 1868.) He was elected a member of the board of the Washington Medical Center (Sun, May 5, 1868.)

He was on the Board of Visitors of the Washington University of Baltimore (Sun, February 12, 1869.)

He was appointed by the Mayor of Baltimore City in 1869 as a representative to the Southern Commercial Convention (Sun, September 23, 1869.) He frequented Washington so often that, when the great Willard’s Hotel had “one of their elegant soirees to their guests and friends,” Judge Buchanan and his wife were on the guest list (Sun, February 9, 1870.)

He died in August, 1876.

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Judge Buchanan lived a distinguished and elegant life. He served as a representative of Baltimore County in its judiciary as well as on the international stage. Even in his later years, he was a commanding figure. The author, Brantz Mayer, in his book “Baltimore: Past and Present,” described the Judge this way as he entered his eight decade, “Age, which has whitened his locks, has not bowed his form; while the genius and spirit of youth and of manhood are undimmed and unbroken by time’s heavy hand.

Buoyant and erect in body and mind, he yet stands at his post amid the contests and duties of life.” A photograph of Judge Buchanan from that book is copied below.

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June 2016

TECHNOLOGY COMMITTEE - RECAP OF SPRING 2016 PROGRAMS

by Robert K. Erdman, Jr. The Technology Committee was busy this Spring, sponsoring two programs that provided valuable insight to the bar.

“Razzle Dazzle the Jury” – April 11, 2016 The first program – “Razzle Dazzle the Jury” – offered tips on how to use technology to communicate effectively and persuasively with finders of fact.

Former Baltimore County Assistant State’s Attorney and seasoned litigator, James O’Conor Gentry, Jr., Esq., demonstrated his prowess with Power Point, and offered great advice on how to use it to accentuate your side of the story.

First, he reminded everyone not to violate the K.I.S.S. philosophy – keep it simple and straightforward. Presentations to a jury (or judge) should keep their attention. So, do not put too much information on any one slide. Also, do not kill the viewer with bullet points, or use slides as a teleprompter. These are quick ways to lose a jury.

Mr. Gentry said that when practitioners are preparing their presentations, they should approach them like Walt Disney did with his story boards – visualize the story… create the theme… introduce the characters… set-up the conflict… resolve the conflict. The attorney should always be the star of the show, and not just a narrator.

Next, the goal of presentations to fact finders is to

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tease the viewer, and to guide them to the conclusion you want them to reach. One way to do this is to offer hypothetical questions – “Should the doctor have come in earlier than she did? If so, when should she have come in?” Leave these questions unanswered for the jury to ponder and discuss.

Finally, the key is to provide them with the final piece, and then to let the jury complete the puzzle themselves.

If you were unable to attend the program, rumor has it that Mr. Gentry is making a similar presentation at 2016 Maryland Joint Bench Bar Conference in Ocean City at 8:30 a.m. on Thursday, June 16.

“Is This Thing On? Ethical Problems and Technology” – May 19, 2016 The second program was presented by Erin A. Risch, Esq., a Supervising Attorney at Eccleston and Wolf, P.C., who concentrates her practice in the area of professional malpractice defense. Ms. Risch highlighted a variety of ethical problems related to technology, and tips to avoid receiving a letter from the Attorney Grievance Commission.

It is no secret that the Maryland Rules of Professional Conduct have not yet caught up to recent technological advances. Hence, Ms. Risch provided insight with respect to certain issues borne out of social media, text messaging, Cloud services and more.

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June 2016

TECHNOLOGY COMMITTEE - RECAP OF SPRING 2016 PROGRAMS Continued from page 18 plained how, even though it was unappreciated at the time, this was very helpful to the bar given how hard our Court of Appeals can be on attorneys.

The overall theme of Ms. Risch’s presentation was to always be mindful of the rule of reason. If something looks fishy to the public at large, odds are you have exposure.

The Cloud and Cloud-based services are very new, and many people do not know exactly how they operate. For instance, do you know where your Cloud company’s servers are physically located? Do you know data is transmitted from your network at your office to those servers? Do you know the data is encrypted when it is in transit? At present, it is difficult to know how the MRPC apply.

Attorneys should therefore take reasonable efforts to protect data. Do your due diligence.

Back-up the back-up. Maximize the level of encryption available.

For instance, is it a violation of any of the MRPC for an attorney to be Facebook friends with a judge? According to Ms. Risch, probably not, but attorneys should be very careful to make sure that any and all posts avoid discussions about cases or topics that would in any way suggest that an advantage is being gained.

Next, attorneys must remember that websites are advertising subject to regulation by the MRPC. Ms. Risch opined that the governing standard is the perspective of the least sophisticated potential client.

Therefore, attorneys should review MRPC 7.1 and 7.2. Further, Ms. Risch encouraged all attorneys to keep copies of any variations of their websites going back three (3) years. (Check out the “Wayback Machine” found at https://archive.org/web/).

A personal hot spot is more secure than Wi-Fi at Starbucks.

For file retention purposes, remember that everything constitutes the file, including e-mails and text messages.

A few other tips and situations to be cognizant of: All MRPC apply to support staff. Does your firm have a written policy about computer usage?

Remember, “friending” an opposing party on Facebook may be construed as a “communication” which may be prohibited by the MRPC (and other Rules) if the opposing party is represented by counsel.

In closing, given that she sufficiently increased the anxiety levels of all those in attendance, Risch graciously offered to speak with anyone about specific concerns. She can be reached via email at: erisch@ewmd.com.

Avoid texting clients as they are very difficult to recover.

Just because email gives you the ability to immediately reply to a message does not mean you must. Step back and breathe before responding with a scathing message. Before e-mail, when all written communication was exchanged with the USPS, a cooling-off period was forced upon lawyers. Ms. Risch ex-

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Professional Office Space In heart of Towson (Washington & Chesapeake Avenues) available for sublet.

Use of conference room, waiting area, internet, copier.

Contact ken@kenpragercpa.com 410-828-4749

June 2016

See pages 6-9 for the article and more photographs from the BCBA Golf Outing held on Thursday, June 2, 2016 at Rocky Point Golf Course.

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June 2016

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June 2016

The BCBA-designated charity for 2015-2016

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

For more information, please contact Vincent Valerio at Itineris, vvalerio@itinerisbaltimore.org or 443-2751100. Your support is greatly appreciated.

Anniegrams are an assortment of greeting cards created by Annie Taubenfeld. Annie is a young woman with autism who enjoys brightening up other people’s days with these sweet, original Anniegrams.

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

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June 2016

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.

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.

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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 portrait was fully funded by his family. Other portraits have been funded privately.

Unfortunately, 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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June 2016

Committee News Lawyers Referral & Information Service

Memorial & Recognition Committee

Please note that the 2016-2017 Lawyer Referral & Information Service (LRIS) renewal information 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.

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.

Kinsley Construction, Inc., a well-known and established leader in the construction industry, is seeking a full-time, inhouse real estate attorney with 3-5 years of experience. The ideal candidate should have experience with preparation and review of various real estate documents including leases, purchase and sale agreements, operating agreements, partnership agreements, waiver agreements, loan agreements, development agreements, commission agreements, property management agreements, easement agreements, title reports, condominium association documents, and business park association documents. Must have experience in obtaining and executing judgments in landlord/tenant matters and be knowledgeable of current lien laws. Must be comfortable reviewing and negotiating various agreements. Applicants without any commercial real estate experience will not be considered. Must be licensed to practice in PA or MD.

Those members who will be honored at next year’s service on November 17, 2016, at 3:30 p.m., include: Robert William Cannon Robert Edward “Boz” Joy Hon. I. Marshall Seidler Charles E. “Chuck” Brooks Charles E. Norton, Jr. Roland R. Bounds, BCBA Past President 1980 Hon. Frank E. Cicone Hon. John P. Rellas

Please send resume and salary requirements to cyoung@rkinsley.com. Compensation commensurate with experience. We offer a competitive benefits package and an excellent working environment, with healthy work/life balance.

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June 2016

COMMITTEE REPORTS

Paul E. Alpert, Retired Judge Available for Mediation and Arbitration

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

Former Judge of District Court, Circuit Court and Court of Special Appeals

410-484-2088

BANKRUPTCY—Chapters 7 and 13 1-800-BANKRUPT Law Office of Nicholas J. Del Pizzo, III, P.A. STOP

U p c o m ing Ev e n ts

Foreclosures Wage Garnishments Vehicle Repossessions Creditors Calls Judgments Lawsuits Free Consultation – Payment Plans

June 15-17

Judicial Conference, OC

We are a Debt Relief Agency servicing all areas of Baltimore County, Baltimore City and Harford County – Over 1,000 cases filed.

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MSBA Annual & Joint

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June 23

Stated Meeting & Reception at Towson Tavern

June 2016

The following items are needed by Itineris, this year’s BCBA-designated charity. Please feel free to drop your donations off at the Bar Office and they will be delivered. In advance, thank you for your generosity.

White paper 20 sets of noise cancelling Head phones (for music and for noise control) Fitness items (Balls, medicine Balls, light weights, bands, et.)

Calculators Cleaning supplies Art Supplies Batteries (All sizes) Cooking supplies (Measuring cups, Pans, pots, Baking sheets) Flour, sugar, salt, sprinkles (basic cooking supplies) Board games Extra Lap tops (2) Ipads (2) vacuum Video camera Karaoke machine Bikes/Adult tricycles Padding for resource room

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Fake register and scanner Fake food (fruit, cans , etc.)

Stress balls Laminator (Industrial sized) Laminate Sheets Board Maker Velcro Index Cards Yellow Hi-liters Papermate Color Pens Large PECS Communication books Extra Sentence Strips Extra Insert Pages Small PECS Communication books Extra Insert Pages ASL computer program?

Single hole puncher Index cards Magic markers Colored pencils A large paper shredder

June 2016

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June 2016

CRIMINAL LAW UPDATE

by Robert C. Lidston

Don’t worry, the Criminal Law Update will return in the next issue!

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June 2016

ATTORNEYS

IN THE

COMMUNITY

BCBA Members Steve Verch and Scott Barhight participated in Hawthorne Elementary School’s Career Day on Friday, June 3, 2016. Scott’s wife, Yvonne, is Principal at Hawthorne. Interestingly, both Steve and Scott were classmates at Hawthorne, completing the 6th grade there in 1968!

What are you doing in your community? Let us know! Please send information and photos to doris@bcba.org for inclusion in future issues of The Advocate. Thank you for all that you do for your community!

MEMBERS

ON THE

MOVE ...

Robert J. Thompson, Of Counsel Bodie, Dolina, Hobbs, Friddell & Grenzer 305 Washington Avenue, Suite 300 Towson, MD 21204 410-823-1250 rthompson@bodie-law.com THE ADVOCATE

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June 2016

Family Law Paralegal Independent Contractor Paralegal AA & BS Degrees w/23 years experience All services provided at my office, or your office.

Available 7 days/week All aspects of Discovery Process, Case Management, Drafting, etc.

Overflow work, or temp relief available..

Contact Tammy Daily, TIDparalegalsvcs@gmail.com, 410-409-7541

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June 2016

Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.

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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June 2016

CIVIL LAW UPDATE

by Cecilia B. Paizs Review of the June 2016 Amicus Curiarum reveals the following civil cases of interest:

determined that the intent of the legislation was to legitimize children born to a married couple through the use of procedures utilizing donated sperm when the husband consented, rather than through only the specific technique of artificial insemination. Therefore, the Court concluded that since Mr. Sieglein voluntarily agreed to the IVF process, he was the parent of the child and therefore required to pay child support.

In addition, the Court held that since the evidence established that Mr. Sieglein had intentionally reduced his income, the finding of voluntary impoverishment was appropriate. Finally, the Court held that it was within the Circuit Court's authority to grant a permanent injunction for harassment under Section 1-203(a) of the Family Law Article and that the Circuit Court did not abuse its discretion in finding that Mr. Sieglein's conduct met the definition of harassment as contemplated by the statute.

THE COURT OF APPEALS: Stephen Sieglein v. Laura Schmidt,No. 76, September Term, 2015, filed May 20, 2016.

Opinion by Battaglia, Lynne, Judge Mr. Sieglein and Ms. Schmidt were married in 2008.

Each had children from a previous marriage, and Mr. Sieglein had a vasectomy that he refused to reverse. He did agree to an IVF procedure with a donor egg and donor sperm through a reputable fertility center, signing all of the contracts necessary to allow the procedure, along with Ms. Schmidt, both of whom signed a document indicating that the parties understood the procedure, the risks and were agreeing to the procedure voluntarily. As a result, a boy was born.

Before his first birthday, the parties separated and Mr. Sieglein responded to a Complaint for Limited Divorce stating he was not the father of the child, as he had no biological relationship with the child.

The Circuit Court disagreed, and found that he was the father of the child, determined a child support amount and granted Ms. Schmidt a protective order due to harassment by Mr. Sieglein. At the final hearing, the Circuit Court confirmed these findings, and in addition, found that Mr. Sieglein had voluntarily impoverished himself, and that the protective order should be permanent.

THE COURT OF SPECIAL APPEALS: Lauren St. Cyr v. Mark St. Cyr, No. 327, September Term 2015, Filed June 1. 2016.

Opinion by Arthur The parties were married in 1994. Before the marriage, Wife had a college degree and earned around $45m,000 per year. She stopped working in 1995 and served as the primary child care provider, while Husband served as the sole wage earner. Husband was able to grow in his career and increase his income over time. Despite this, the parties' nearly lost the family home to foreclosure in 2004 and 2010. Wife did not return to work. In 2009, Wife was diagnosed with cancer, which went into remission after chemotherapy. The parties separated in 2012 after Wife found out that Husband was having an affair.

At trial it was determined that Husband had an annual income of over $200,000. He argued that

On appeal, Mr. Sieglein challenged the Circuit Court's finding that he was the father of the minor child, that he voluntarily impoverished himself and that the permanent protective order was not appropriate.

The Court of Special Appeals affirmed the lower court's findings, and the Court of Appeals affirmed as well. The Court held that artificial insemination as set out in Estates and Trusts Article, Section 1-206(b) includes artificial reproductive techniques, such as in vitro fertilization that utilize donated sperm.

In reviewing the legislative history, the Court

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Continued on page 33

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June 2016

CIVIL LAW UPDATE Continued from page 32 Wife could work and earn at least $10 per hour.

Wife testified that she was physically weakened by the chemotherapy and asked the court to find her permanently disabled and to award indefinite alimony. She offered no medical evidence to support this claim, and other evidence established she was able to be active in her children's activities and was alert and able during the long trial. The court granted an absolute divorce on the grounds of Husband's adultery, ordered use and possession of the family home until February 2016 and ordered Husband to pay the mortgage, taxes and insurance during that period. In addition, the trial court held that Wife was voluntarily impoverished and imputed income of $1,733.33 per month and Husband's monthly gross income to be $18,614 per month. Since Husband had not offered any evidence of how long it would take for Wife to become self supporting, the trial court ordered $1,800 per month in alimony for 15 years, commenting that it would take some time for Wife to be able to earn sufficient income to make the parties' standards of living close in nature and not unconscionably disparate.

supporting even after achieving her potential income and receiving alimony. The trial court must evaluate and compare the parties' postdivorce incomes and standards of living as a separate step in evaluating an indefinite alimony claim. There must be some relation between the length of the award and the trial court's prediction of when a party will become self-supporting, meaning that while a trial court may not speculate, it must make a projection based on the evidence.

Since the trial court did not make the necessary evaluation and comparison, the case is remanded to the trial court to receive additional evidence related to Wife's earning potential. Finally, the Court held that the trial court did not abuse its discretion in limiting the time period for Wife' use and possession of the family home. The court found that the interests of the children would be served by allowing them to continue to lie in the family home until the end of high school, but found that Husband would suffer a hardship if he were required to continue paying the mortgage, etc. in addition to his other obligations. The trial court properly exercised its discretion to establish a time limit that would balance those competing interests.

The Court of Special Appeals affirmed in part and vacated in part. The Court held that the trial court did not err in imputing income to Wife for alimony and child support purposes. The court was entitled to evaluate her testimony regarding her medical condition in light of the other evidence about her active lifestyle and in light of the judge's first-hand observations. The court reasonably concluded that Wife's education level, age and ability to reenter the workforce and earn at least a modest hourly rate. The Court did find, however, that the trial court did not complete the analysis of Wife's future earning capacity that was required for its alimony determination under Sections 11-106(b) and (c) of the Family Law Article. While concluding that Wife as capable of earning $1,733.33 in monthly income, the court did not expressly determine her reasonable monthly expenses, and without a clear finding of Wife's reasonable needs, the Court could not determine whether Wife would be self-

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June 2016

Signature Sponsors

Custom order your string-art plaque from Itineris, and know that you are helping an adult with autism remain relevant and confident that they, too, have something to contribute! Contact the Bar Office for more information.

LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions.

If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org.

Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher

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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts

The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor will host one of teb signature events held throughout the year, thereby reducing the cost of the event for members, and many other added benefits.

Sponsorships help the Bar Association maintain its current dues level, despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410 -337-9103).

Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, and can be located quickly using the index at the end of the issue, and by the gold ribbon that accompanies their ad. Please let them know you appreciate their support. Thank you!

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June 2016

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June 2016

The Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org

The BCBA sincerely thanks Chairperson Debra Thomas (center) and Vice-Chair Dave Luby (left) for their efforts in organizing a great golf event on Thursday, June 2nd. The weather was beautiful, food delicious, golf course in fabulous condition, and everyone had a great time! We very much look forward to next year’s event.

MEMBER ADVERTISEMENTS Office Furniture. Desk, with return, small credenza, 2 sets of two-drawer horizontal filing cabinets (which can be stacked), 2 large bookcases. All with great karma. Retiring attorney re-locating to Florida, so items must be picked up (in Timonium) by June 10th. No reasonable offer refused!

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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June 2016