Advocate March 2016

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 9

March 2016

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts

C H E RI S H I NG T H E RI G H T TO VO T E “Our lives begin to end the day we become silent about the things that matter.” –Martin Luther King, Jr. What a remarkable and unforgettable Presidential Primary season we’ve witnessed thus far.

Maryland’s primary takes place on April 26, 2016. Many pundits believe that by then, the respective Presidential Nominees will already have been determined. Of course, the pundits have been wrong on more than one occasion during this election cycle. However, even if they are correct, the disenfranchisement experienced by so many citizens in the past should serve as a reminder that voting is a privilege too precious to squander.

In colonial times, only those considered to have “a stake in society” were deemed committed and independent enough to vote in a responsible manner. Generally, that meant only property owning or tax paying White male Protestants

could vote. In many of the colonies, voting rights for Catholics, Jews and Quakers were restricted.

After the Revolutionary War, the issue of voting rights was left to the individual states. In 1828, Maryland became the last state to remove religious restrictions, thus granting Jewish males the right to vote.

By 1850, property ownership was no longer a requirement. However, after an influx of Irish-Catholic immigrants, northern states like Connecticut and Massachusetts instituted literacy tests as a condition to voting eligibility.

During this same time period, only five northern states allowed African-American men the right to vote.

After the Civil War, as a condition to readmission to the Union, Confederate states were

Inside This Edition Program Registrations Pg Annual Banquet Pg Bench/Bar Committee Pg Calendar of Events Pg Classified Ads Pg Committee Programs Pg County Council Update Pg Court Notices Pg Criminal Law Update Pg Family Law Program Pg Historical Perspectives Pg Investiture of Judge Truffer Judicial Portraits Pg Lawyers Assistance Pg Plumhoff Award Pg Save the Date Flyer Pg Supreme Court Group Adm Technology Tips Pg Volunteer Opportunity Pg

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March 2016

PRESIDENT’S MESSAGE Continued from page 1 required to ratify new state constitutions and adopt the 14th Amendment, which guaranteed equal protection under the law to all men, including former slaves. The 15th Amendment was ratified soon after and it gave former (male) slaves the right to vote.

So, during Reconstruction, African-American men voted and ran for public office in the South. Most of them joined the Republican party since it was the party of Lincoln. Unfortunately, after President Rutherford B. Hayes withdrew federal troops from the former Confederate states, local legislators and their supporters used violence, intimidation and a variety of measures to keep Blacks from voting or seeking public office. Poll taxes – taxes to be paid in order to vote – were instituted. These taxes kept Blacks and poor Whites from voting. Literacy tests like the ones used earlier in northern states, were adopted in the South. With literacy tests, voter eligibility was determined by a man’s ability to read, write and answer specific questions.

Since poll taxes and literacy tests also had an adverse impact on the voting rights of poor Whites, some states used ‘grandfather clauses’ so members of this group could vote. A grandfather clause, as the name suggests, gave a potential voter the right to vote if his grandfather was eligible to vote before 1870 (essentially, before the 15th Amendment and the Civil War). This meant he was exempt from literacy tests and poll tax requirements.

Even though the 14th and 15th Amendments were ratified shortly after the Civil War, the 24th Amendment was still necessary in 1964 to expressly prohibit the use of poll taxes. Congress also passed enabling legislation such as the Voting Rights Act of 1965 to enforce and protect voting rights of the disenfranchised.

It took the women’s suffrage movement and the ratification of the 19th Amendment in 1920 before women were allowed to vote. Supreme Court decisions in the 1920’s limited the right to vote for citizens of Japanese and Indian descent. And, Native Americans weren’t recognized as full citizens with the right to vote until 1924.

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Many of us recall that after young people fought and died in service to our country during the Vietnam War, there was a demand for greater voting rights. The 26th Amendment gave United States citizens 18 years and older the right to vote in 1971.

With so many who fought and died for the right to vote, how can we, in good conscience skip this primary or any election? Voting gives us a voice on the issues that matter. The upcoming primary ballot will include the candidates for the Presidential nomination along with several important “down ballot” contests for the U.S. Senate, Congress, Circuit Court Judges and party delegates.

Now it is easier to register to vote than ever before. You can even register to vote online at www.elections.state.md.us.

And, if you’re registered to vote (or a licensed driver), you’re eligible for jury service – another important right.

Throughout American history, lawyers have been in the forefront of advocacy for voters and voting rights legislation. That’s why the right to vote should have special significance to lawyers and judges.

In Maryland, early voting takes place from April 14 through April 21, 2016. I’ll see you at the polls.

Hon. Vicki Ballou-Watts, President, Baltimore County Bar Association March 2016 Young Lawyer Bull & Oyster Roast April 3, 2016, 2-6 pm Towson American Legion Tickets on sale now!

For more information, see page 4 of this issue, or go online to the www.bcba.org Calendar for flyer and registration.

March 2016

C ALENDAR

2015-16 Officers President Pres-Elect Secretary Treasurer

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

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

Chair

The Advocate Laurie Wasserman, Committee Chair 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.

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

Publication deadline: 5th of the month preceding publication.

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E VENTS

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

March 2016

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

OF

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Law Day Committee Meeting, 5 p.m., Mezzanine 08 Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Solo & Small Firm: Court Reporter Services: More than a Deposition, 12 pm, GJR Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room

10 Wines Around The World, 6 p.m., Notre Dame Preparatory School 16 Family Law: Social Media: Evidentiary Issues, 5 p.m., Mezzanine 08 16 YL: What Business Leaders Look for When Retaining Legal Counsel, 5 p.m., Grand Jury Room, followed by Happy Hour at Charles Village Pub, Towson 21 Tech: Is This Thing On? Ethical Problems and Technology, 5 p.m.

22 E&T: Guardianships: An Overview of the Role of Court-Appointed Counsel, 5 p.m., Mezzanine 08 23 Membership: Scotch Tasting at UB Law, 4:30 p.m.

24 Family Law: Deviation from the Child Support Guidelines: How To Be Creative, 6 p.m., Mezzanine 08 29 Long-Range Planning Committee Meeting, 8 a.m., Mezzanine 08 30 Criminal Law: Mental Health Issues, 5 p.m., Mezzanine 08 31 ADR: Changes, Changes, Changes, 5 p.m., Mezzanine 08

April 2016 3 Young Lawyers’ Annual Bull & Oyster Roast, 2-6 p.m., American Legion 5 Law Day Committee Meeting, 5 p.m., Mezzanine 08 6 E&T: Annual Dinner w/Orphans’ Court Bench & ROW, 5:30 p.m., CCMd 7 Family Law: Annual Joint Dinner w/BABC, 6 p.m., Forest Park GC 11 Tech: Communication: That’s the Magic Word, 5 p.m., Mezzanine 08 12 Executive Council Meeting, 8 a.m., Judicial Conference Room 363 12 Real Property: Closings, Settlements, e-Filing Deeds, Current Trends, 12 13 13 13 14 14 15 21 26 30

Professionalism: Understanding the AGC, 5:30 p.m., Jury Assembly Area Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Criminal Law: Cars, Cops & Stops, 5 p.m., Mezzanine 08 SLLZ: Environmental Issues in Baltimore County, 5:30 p.m., CCMd Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room Portrait Unveiling, Hon. J. William Hinkel, 4 p.m., Courtroom 2 Civics & Law Academy, CCBC Catonsville, 8 a.m. - 2 p.m.

LRIS: How to Train Your Dragon! 12 noon, Mezzanine 08 Supreme Court Group Admission, see information on page 17 Hillwood House Tea and Gardens Tour, 8:30 a.m.

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March 2016

COURT NOTICES Circuit Court for Baltimore County Third Judicial Circuit

Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge The following Judges will serve in the Family Division for six months effective July 1, 2016:

County Courts Building Towson, Maryland 21204 410-887-6510

The following Judges will serve in the Family Division for six months effective January 1, 2017:

Judge Kathleen Gallogly Cox Judge Susan Souder Judge Vicki Ballou-Watts Judge Judith C. Ensor Judge Paul J. Hanley Judge Colleen A. Cavanaugh

Judge Mickey J. Norman Judge H. Patrick Stringer, Jr. Judge John J. Nagle III Judge Jan Marshall Alexander Judge Justin J. King Judge Keith R. Truffer

Young Lawyers’ Bull & Oyster Roast

The BCBA-designated charity

Sunday, April 3, 2016 2:00 p.m.— 6:00 p.m.

Tickets, $45 adults Table of TEN, $400 Kids 6-13 years, $20 Under 6 years, FREE! Towson American Legion 125 York Road Towson, MD 21204 Tickets on Sale Now!

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March 2016

MEMBERS’ VOLUNTEER OPPORTUNITY

by Alaina Storie The Membership & Admissions Committee, along with the Young Lawyers Committee, are pleased to offer an opportunity for members of the BCBA to continue supporting the efforts of Itineris, Inc., the BCBA’s designated charity for 2015-16.

Itineris, is holding a fundraising gala on Saturday, April 16th, 7 p.m. to 11:30 p.m., at their location: 2050 Rockrose Avenue, Baltimore, MD 21211, which includes a silent and live auction, live music by Mister Wilson, fun fare, open bar, and client entertainment. We are looking for volunteers to staff the auction tables. Two shifts are available: 6-8 p.m. and 8-10 p.m. If you volunteer, you can attend the entire event at no cost! Please contact Alaina Storie, astorie@tnsfamilylaw.com, if you are interested.

Itineris is committed to helping provide opportunities for individuals with autism spectrum disorder to participate meaningfully in all aspects of adult life.

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March 2016

CONTRIBUTION TO REAL ESTATE EXPENSES

by Sondra M. Douglas On Wednesday, January 20, 2016, the Family Law Committee sponsored the “Contribution to Real Estate Expenses, Crawford Credits.” The speakers on the panel were the Honorable Judith C. Ensor, Thomas C. Ries, Esquire and Frederick L. Kobb, Esquire. The program was held in the Mezzanine of the courthouse and the room was full of domestic practitioners.

The panel presentation consisted of three parts: PART ONE: Contribution is a concept from property law Fred Kobb began the discussion with the history of the contribution to real estate concept.

Crawford v. Crawford , 293 Md. 307 (1982), held that well-established property law that may entitle one co-tenant who pays the mortgages, taxes and other carrying charges of jointly-owned property to contribution from the other co-tenant applies equally to a tenancy by the entireties. Contribution is an equitable right, however a request must be made by the party seeking the contribution.

Colburn v. Colburn, 265 Md. 468, 477 (1972); Spessard v. Spessard, 64 Md. App.83 (1985).

Judge Ensor suggested that counsel send a letter requesting contribution to the opposing party, which would serve as evidence of such request.

There are several exceptions to seeking contributions: A. “Ouster is the actual turning out or keeping excluded the party entitled to the possession of any real property” Spessard v.

Spessard, 64 Md. App.at 8-89.

B. Agreement between the parties C. Payment of Expenses from Marital Property D. An Equitable Remedy

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PART TWO: Matters for consideration when negotiating and preparing a property settlement agreement Tom Ries provided the following pointers to consider when preparing a marital property settlement agreement that includes Crawford Credit issues: 1) Identify the expenses and who is going to pay them.

2) How will expenses be paid while the property is on the market?

3) How do you define “net proceeds of sale?” How will the net proceeds of sale be divided between the parties?

4) Will either spouse or former spouse have a claim of “ contribution” prior to divorce? As a tenant in common after the divorce? *See the handout for a sample agreement starting on page 7, which can be found on under Committee Reports, Family Law, of the BCBA website (www.bcba.org) 5) Include a contribution clause in the Judgment of Divorce along with the actual payment amount, “do the math” !

PART THREE: Presenting your case to the Court Judge Ensor encouraged all practitioners to make a chart for the bench, as it is helpful and welcomed when counsel appear with their calculations already prepared. Do the math!

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March 2016

ANNUAL BLACK-TIE BANQUET

by Ari J. Kodeck

Snowmageddon ended just in time for the BCBA’s 94th Annual Banquet on January 28, 2016. For the second year, the Banquet was held at the beautiful Hunt Valley Wyndam Grand Hotel. The evening began with an extended cocktail hour, where over 700 guests enjoyed delicious appetizers and drinks. There were many VIPs at the Banquet, including current and retired Judges from Baltimore County, Baltimore City, Harford County, and Howard County, Baltimore County State’s Attorney Scott Shellenberger, as well as County Executive Kevin Kamenetz and City State’s Attorney Marilyn Mosby.

Managing Director of PK Law as the recipient of the J. Earle Plumhoff Professional Lawyer of the Year Award. Mr. Zaharris received a standing ovation and was gracious and humbled by the honor. Look for a separate article on Mr. Zaharris in this issue of The Advocate.

The evening’s Keynote Speaker was Kurt L. Schmoke, former Baltimore Mayor and current President of the University of Baltimore. In an effort to weave history with current events, Mr. Schmoke spoke on the origins of gerrymandering and the need to give the choice to the voters to elect a politician versus the politicians picking their voters. And, to keep everyone in the audience engaged, Mr. Schmoke gave regular updates on the score of the University of Maryland men’s basketball game against Iowa, which coincidentally ended during his speech with a Maryland win!

Following the ceremony, guests enjoyed a meal of salad, filet and crab cakes, mashed potatoes, and a deliciously dangerous piece of chocolate cake.

Guests were led to the hall for more cocktails and, most importantly, prom pictures.

The ceremonial portion of the evening began with the historical invocation from BCBA PastPresident Dominick Garcia and opening remarks by current BCBA President Hon. Vicki BallouWatts. Judge Ballou-Watts noted that our membership has grown substantially, far surpassing the first BCBA banquet in 1920, in which all 27 members of the organization attended. Judge Ballou-Watts also highlighted the launch of the BCBA’s improved website (www.bcba.org), and expanding social media presence on Facebook, Twitter and Instagram. She encouraged guest to post pictures online with the hashtag #BCBAprom2016.

Carolyn H. Thaler, Chair of the Professionalism Committee, then introduced Drake C. Zaharris, THE ADVOCATE

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March 2016

ANNUAL BLACK-TIE BANQUET Continued from page 8

A special thanks to BCBA Executive Director Doris Barnes and Bar Staff Maxine Morrow and Rachel Ruocco, for their hard work planning this year’s Law Prom. We also appreciate the judicial law clerks who volunteered their time, specifically, Schyler Bailey (Judge Cavanaugh), Robert Greenberg (Judge Ballou-Watts), Sean Gugerty (Judge Bailey), Maria Surdokas (District Court) and Alexander Walsh (Judge Jakubowski).

We look forward to an exciting second half of the 2015-16 Bar Year and of course, next year’s Law Prom!

Please note: A link to the Prom Pictures taken by Nate Brubaker of Rock Shore Media have been posted to the BCBA’s FaceBook page (https:// www.dropbox.com/ sh/9renlgc62ulw688/ AACzBtkaGg3mdfSjJB365pLJa? dl=0).

You are encouraged to view, download, print, share and enjoy!

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March 2016

ANNUAL BLACK-TIE BANQUET

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March 2016

ANNUAL BLACK-TIE BANQUET

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March 2016

DRAKE C. ZAHARRIS AWARDED PROFESSIONALISM AWARD

by Carolyn H. Thaler

The Baltimore County Bar Association awarded one of its highest honors to Drake C. Zaharris, the J. Earle Plumhoff Professionalism Award at the Baltimore County Black-Tie Banquet on January 28th.

Mr. Zaharris, a graduate of Duke University and Suffolk University Law School, has been an active member of the Baltimore County Bar Association serving the Bar in many different roles. Drake is the Managing Director of Pessin Katz law firm.

Mr. Zaharris was Chair of the Baltimore County Bar Association Bench/Bar Committee, is currently serving as the Chair of Trial Courts Judicial Nominating Commission for Baltimore County, and was Past President on the Maryland Association of Defense Trial Counsel. He was also selected for inclusion in Super Lawyers 2009 to 2016.

Mr. Zaharris also serves on the Board of Trustees of the Living Classroom Foundation. Drake has tried cases in State and Federal Courts in Maryland, the District of Columbia and other state and Federal Courts.

The award was presented by Carolyn H. Thaler, Chairperson of the Professionalism Committee of the Baltimore County Bar Association.

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March 2016

TECHNOLOGY TIPS

by Robert K. Erdman, Jr.

In early January, the 2016 edition of the Maryland State Bar Association’s Lawyers’ Manual hit my desk, encased, as it always is, in its snug, plastic sheathing. Seeing the latest edition of the Lawyers’ Manual on my desk reminded me of the end of my clerkship with Judge Patrick Cavanaugh… completely random, but, allow me to connect the dots.

In the early summer of 2006, I accepted an Associate position with a small Towson firm. Later that summer, Judge Cavanaugh called me into his chambers and asked me if I knew whether I was going to be listed as an attorney associated with the firm in the 2007 edition of the Lawyers’ Manual.

I had no idea what the Lawyers’ Manual was, let alone whether I was going to be listed as an attorney affiliated with a firm. So… timidly… I asked what the Lawyers’ Manual was, and why inclusion in it was important.

The Judge told me that the manual was, essentially, a compilation of the contact information for every attorney in the State, and that if I was not listed in the 2007 edition, I could miss out on countless referrals and new business for that year. He explained that it was one of his most valuable resources as a practitioner. Judge Cavanaugh said he used it for a variety of reasons, from finding local counsel in jurisdictions where he did not regularly practice, to looking for attorneys affiliated with particular firms. Nervously, I heeded the Judge’s advice, called the firm with whom I was to be associated, and confirmed that I would be listed for the upcoming year.

This year, when I put the 2016 version of the Lawyers’ Manual on my bookshelf, I found the 2015 edition, right where I put it this time last year… still in its shrinkwrap.

The Lawyers’ Manual is no longer the valuable resource it once was. Do not get me wrong, it still has value, especially when trying to contact government attorneys or a particular judge’s chambers. But, the Internet has all but replaced the manual. And, updating the advice Judge Cavanaugh gave me 10 years ago – if you, or your firm, do not have a web presence, you are losing business. So, how to you maximize your web presence…

Start a website for your firm or your practice. – Chances are you’re reading this very article on a laptop, tablet or mobile device. Like it or not, being online vali-

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dates your existence in the Internet age of practicing law. Like Judge Cavanaugh’s implication – if I was not in the Manual with my new firm, I, essentially did not exist – the same holds true for having a website. If you are not on the Internet, to many potential clients, you don’t exist, or are not a viable option. Hire a professional who is familiar with search engine optimization so keywords are picked up by Google’s ever-changing algorithms to drive potential clients to your site. Put your picture of yourself up – a face with a name is always reassuring. Tell the world a little bit about yourself.

Many people forget that attorneys are people too, so telling them a bit about your life outside the office can be disarming and comforting. Also, don’t forget to make it mobile-friendly.

Create a Facebook page for your firm or your practice. – There’s a reason why Mark Zuckerberg has a net worth of $35.7 billion. In September 2014, Facebook averaged 1.01 billion daily active users, with 894 million mobile daily active users. Let that sink in. More than 1 billion people used Facebook every day and approximately 90% of those users login on a mobile device. Starting a professional page is free and easy. You can use it to post your latest accolades, and success stories. Plus, when your family and friends “like” your page, their “friends” will see it on their respective activity feeds, instantly expanding your network.

Claim your free profile on Avvo. – Avvo.com is an online legal services marketplace. Think of it like Yelp meets TripAdvisor meets Match.com. Avvo recently indicated that its goal is to broadly reach consumers who may have a legal question or are looking to find their lawyer. The company, which is led by former Expedia.com executive Mark Britton, raised $71.5 million in funding last year, and odds are you’ve seen one of their ads, each ending with a voiceover which says “Nearly half of us will need a lawyer this year. Find the right one for you on Avvo.” In droves, consumers and prospective clients are searching Avvo, and other similar online legal services marketplaces, to research and vet prospective attorneys. There are a variety of options available to attorneys with Avvo, but you can create your basic profile for free. By doing so, you are immediately putting yourself (and your practice) in front of segment of the population that is actively looking for representation.

Until next time, I hope to see you online.

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March 2016

BENCH/BAR COMMITTEE REPORT

by James A. Sorensen The Bench Bar Committee met on February 11, 2016 and several topics were discussed.

The Honorable Judge Kathleen Cox Reported that changes to the Courts approach to the ever growing number of Misdemeanor Jury Trial (MJT) prayers and District court appeal cases will likely change by late spring or early summer of this year. The Court is seriously considering same day or next day circuit court trails on MJTs with no civilian witnesses, primarily traffic matters. A committee has been assembled to review the matter, but it seems certain that some changes will be made in an attempt to try to keep the MJT dockets from further over whelming the court house. Judge Cox will also begin reviewing civil non domestic cases for special assignment.

Along with Richard Abbott she will review requests made in writing, considering several factors including; the number of experts, length of trial, complexity of issues and whether multiple hearing or pre-trial dates will be necessary. The aim is to consider special assignment earlier in the litigation process and avoid delay.

According to Judge Williams MDEC and Catonsville renovations are on track for Fall of 2017. This prompted Bruce Friedman to raise several concerns with the MDEC system currently in place in A.A. county which should be addressed before we roll out the system here. It was suggested that the issues be brought to the attention Judge Morrissey and it may be that trouble shooting the current system flaws could delay state wide implementation to 2018.

become a much more consuming issue for his office. A pilot program has already begun with 20 officers fitted with body cameras, by July 2016 this could reach as 150 officers so equipped and the goal is that by 2018 over 1500 officers will be wearing the device. This will cause huge issues for the States Attorneys’ Office related to redaction of “confidential” information and discovery. It was reported that the office may need 10 additional employees to deal with the matter. Welcome to the future Scott. Lenny Shapiro, on behalf of the defense bar, commented about that we can expect trial date delays based on defense review of the material, and that what is “confidential” and what is discoverable under the Constitution will surely be challenged.

Judge Ballou-Watts the BCBA President was praised for the success of the of the Bar Banquet. A wonderful time was had by all and the key note speaker Kurt Schmoke was a big hit.

Lastly we were reminded by Julie Landau that Wines Around the World will be held at Notre Dame Prep on March 10 2016, and by Sandy Steeves that the Young Lawyers Bull Roast is on April 3, 2016. Both events will raise money for our BCBA designated charity, Itineris and your support is encouraged. The meeting was adjourned with just enough time to finish my coffee and get to collateral criminal court appearance down the hall.

Tim Sheridan announced that Judge Keith Truffer ( who was officially sworn in to the Bench later that day) will be assigned to Courtroom 7 and share chambers with Judge Hanley on the third floor. It was also noted by Judge Cox that no one has filed to run against Judge Truffer or the sitting Judges in this years upcoming elections.

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

Baltimore County States Attorney Scott Shellenberger also commented on the MJT problem, however it appears that the prospect of Baltimore County Police officers wearing body cameras has

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410-828-4749

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March 2016

Baltimore County Bar Association Group Admission to the

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

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

Small Group Admissions—Argument Days

Bar Admission Instructions

Application

Visitors’ Guide to Oral Arguments

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March 2016

HISTORICAL PERSPECTIVES

by Jeffrey R. Scholnick

Justice “Tailored” from a Simpler Era in Baltimore County Legal History.

Judges Frank Duncan and Charles Burke had a lot in common in their long illustrious careers in Baltimore County. They each served on the Circuit Court bench for an astounding 31 years (Duncan from 1905 through 1936 and Burke from 1889 through 1920.) They both were Presidents of the Maryland State Bar Association (Burke from 1914- 1915 and Duncan from 1938- 1939.)

Each served as Baltimore County State’s Attorney for six years (Burke from 1883 through 1889 and Duncan, immediately after him, from 1889 until 1895.)

So, it is only appropriate that Judge James F. Schneider’s wonderful book “A Century of Striving for Justice: The Maryland State Bar Association 18961996,” (Published by the MSBA, 1996), would include a timeless entry by Judge Duncan about an incident when he, as State’s Attorney, appeared before Judge Burke.

Judge Duncan, addressing the MSBA during his presidency, gave a speech revisiting the rough nature of an earlier era in Baltimore County’s legal system: At one time during my term as State’s Attorney we had a great amount of trouble with tramps.

They had a camp in the woods and would go from door to door seeking provisions. And there were a number of [breakings and enterings] of chicken roosts and even dwellings. Among the victims was Judge N. Charles Burke, at that time Associate Judge of the Court.

His house was entered and several boxes of cigars, some bottled goods, and a pair of trousers were taken. There was so much complaint of these depredations that there was a general roundup of these undesirables. We secured indictments against about twenty of them and on the day of trial they were seated in a semi-circle that reached nearly across the courtroom.

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They employed Mr. William Grason of our Bar to defend them. [At that time, one defense attorney could represent all of the Defendants! Note by JRS].

They elected to be tried before the Court. After I made my opening statement, Judge Burke called me to the Bench and said, “Frank, look at that rascal, the third from the right, he has on my trousers.” I looked and recognized the pair that I had seen the Judge wear. I said: “Wait a minute Judge, I think I can shorten this case.” So I went to Mr. Grason and told him what the Judge had discovered. He went to the leader of the bunch and talked to him and then addressing the Court said, “Your Honor, my clients wish to withdraw their plea of not guilty and plead guilty and ask for the clemency of the Court.”

They all went to the House of Correction and, although that has been a long time ago, I do not think we have had a tramp case since. (emphasis added.)

Now, I ask, wouldn’t Judges Burke and Duncan both agree that they had administered justice “tailored” to the circumstances of the case?

Thank you to Judge Schneider for allowing me to reproduce this priceless story.

Given the humorous nature of that story, I am including caricatures of each Judge and attorney William Grason from the delightful book, Judge T. Scott Offutt and Elmer Haile, “Baltimore County- Its History, Progress and Opportunities” (Jeffersonian Publishing Co, 1916.) These portraits succeed in capturing the essence of these men while reminding us of the fact that they lived in a far simpler world.

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March 2016

COUNTY COUNCIL UPDATE

by Thomas H. Bostwick

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

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

At its February 1, 2016 Legislative Session, the Council approved Bill 1-16 – Human Relations – Veterans. Current law prohibits discrimination on the basis of a person’s race, creed, religion, color, sex, age, national origin, marital status, sexual orientation, gender identity or expression, or physical or mental disability, in the areas of: (1) Housing, (2) Employment, (3) Education, (4) Public accommodation, or (5) Financing. Bill 116 adds the classification of “status as a veteran” to the protected class of persons to which discrimination is prohibited. The Bill also allows for a “veterans preference” in the area of housing, so as not to prohibit a person from providing preferences in the sale, rental, or occupancy of dwellings or other facilities to a veteran and the household of which the veteran is a member, to the extent such preferences are authorized by state and federal law.

adopted community plans, and Section 260 of the Zoning Regulations as applicable.

The DRP’s general charge is to assess the overall quality of a project. Its members act in a technical consulting capacity and the recommendations are binding on a Hearing Officer and County agencies. The DRP reviews plans for designated commercial and residential review areas.

In addition, the Council confirmed the re-appointment of Sylvester G. Bieler, Betty Tucker-Sabb, and Julianne M. Uehlinger to the Adult Public Guardianship Review Board. This Review Board conducts semi-annual reviews by evaluating the health status and welfare of Baltimore County residents whose guardianship is held by a public agency and makes advisory recommendations to the Court to continue, modify, or terminate the guardianship.

The County Council offers it sincerest congratulations on these appointments and re-appointments.

A s s o c i ate Atto r n ey Multi-disciplined Columbia and Annapolis based law firm is seeking a transactional attorney with 3 – 5 years experience in following practice areas: Retail leasing; land, asset and entity sales and acquisition; real estate and asset financing; entity and JV organization; drafting and negotiating a variety of corporate, transactional, and disclosure documents; experience with compliance and risk management issues.

Salary commensurate with experience.

Candidates should send resumes to tjmulrenin@yvslaw.com

At its February 16, 2016 Legislative Session, the Council approved several appointments and reappointments. First, the Council confirmed the appointments of Cecily Bedwell, Matt D’Amico, and Nicole Brooks to the Design Review Panel (“DRP”). As the land use practitioners are aware, the DRP was established to encourage design excellence through the application of design guidelines contained in the Master Plan, the Comprehensive Manual of Development Policies,

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March 2016

INVESTITURE OF HON. KEITH R. TRUFFER

by James L. Shea, Jr.

On February 11, 2016, Keith Richard Truffer was sworn in as an Associate Judge of the Circuit Court for Baltimore County. In attendance were members of the judiciary, representatives of state and local bar associations, professional colleagues, friends, and family.

The theme of the day was Judge Truffer commitment to professionalism and his profound respect for the law. Each of the speakers who participated in the investiture returned time and again to this central tenant of Judge Truffer’s career and character.

Judge Truffer began his legal career as a law clerk to the Hon. John E. Raine, Jr. in the very same courthouse where he will now sit as Judge, and many of the speakers recalled fondly memories from that time. Robert L. Handley, Jr., who spoke in support of the motion for Judge Truffer’s investiture, spoke of first meeting Judge Truffer thirty five years ago when he clerked for the Hon. William R. Buchanan, Sr., who shared chambers with Judge Raine.

Likewise, the Hon. John J. Nagle III, who also clerked for Judge Buchanan and spoke on behalf the bench, recalled fondly his time as a law clerk with Judge Truffer. Both described how these experiences were the beginning of lifelong professional and personal friendships, and both spoke to Judge Truffer’s unwavering commitment to the law throughout that time.

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Judge Truffer took that same drive and dedication to the practice of law. Thomas F. McDonough, a colleague of Judge Truffer’s at Royston, Mueller, McLean & Reid, LLP for over thirty years, spoke in support of Judge Truffer’s investiture, and recounted Judge Truffer’s first interview, and, even at that early stage, how Judge’s Truffer sincerity and commitment to the practice of the law shone through. Over the next thirty years, Mr. McDonough recalled, that drive was consistently on display, whether in honing his litigation skills under Richard “Dick” Reid (a senior partner at the firm), representing his clients, dealing fairly with opposing counsel, or engaging in the legal community.

In addition to professional friends and colleagues, Judge Truffer received the full support of both state and local bar associations. The Hon. Pamila J. Brown, president of the Maryland State Bar Association, spoke in support of Judge Truffer’s investiture, and told of her experiences meeting Judge Truffer as part of his work with the MSBA, highlighting the dedication and professionalism with which Judge Truffer undertook all of those responsibilities.

The Hon. Vicki Ballou-Watts, president of the Baltimore County Bar Association, echoed these same sentiments, highlighting Judge Truffer’s work on the Executive Council of the BCBA and his commitment to working together with his peers.

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March 2016

INVESTITURE OF HON. KEITH R. TRUFFER Continued from page 18

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March 2016

INVESTITURE OF HON. KEITH R. TRUFFER Continued from page 18 In keeping with Baltimore County tradition, Judge Truffer was presented with his judicial robe by Judge Ballou-Watts, following the commission from the Governor and taking the oath of office.

Escorted by his mother, Alice Truffer, and his wife, Beth Truffer, Judge Truffer took the bench for the first time. Judge Truffer then thanked the assembled crowd, recognizing the family, friends, and colleagues that had been instrumental in his journey to this point in his career, both those in attendance and those that could not be there.

In an ironic twist, Judge Truffer recognized that he would soon be occupying the very same chambers where he began his career as a law clerk. In many ways, Judge Truffer’s career has come full circle, a fact recognized by Judge Nagle when granting the motion for Judge Truffer’s investiture. Symbolic of this path, Judge Truffer concluded the proceedings by using, for the first time, a gavel given to him by his aunt when he first past the bar exam.

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March 2016

INVESTITURE OF HON. KEITH R. TRUFFER Continued from page 20

Following the ceremony, the attendees and other friends, family, and colleagues gathered at CafÊ Troia to celebrate the next stage of Judge Truffer’s career. The reception allowed the guests to share the same sentiments as those expressed by each of the speakers at the investiture, sharing memories of cases tried, clients helped, and the law improved. Throughout each story, the positive impact Judge Truffer has had, through his professionalism and commitment to the law, shines through. As Judge Truffer takes on the responsibility of judgeship, those same qualities are sure to guide him as he continues to leave an indelible mark on Baltimore County and beyond.

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March 2016

The BCBA-designated charity for 2015-2016

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.

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 THE ADVOCATE

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March 2016

U p c o m ing Even ts March 10

Wines Around The World

April 3

YL Bull & Oyster Roast

April 26

Supreme Court Admission

June 2

Golf Tournament

Members On The Move J. Calvin Jenkins, Jr. 409 Washington Avenue, Suite 610 Towson, MD 21204 410-296-6822 jcjenkins@baltimorecountylaw.com J. Neil Lanzi Wright, Constable & Skeen 102 West Pennsylvania Avenue, Suite 406 443-991-5917 nlanzi@wcslaw.com

COMMITTEE REPORTS

Rachel E. Murray Letourneau 606 Baltimore Avenue, Suite 402 Towson, MD 21204 410-296-0685 rmllaw@msn.com

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.

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March 2016

Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals

410-484-2088

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

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

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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March 2016

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March 2016

BAR FOUNDATION REPORT JUDICIAL PORTRAITS

by John B. Gontrum

Your help is 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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March 2016

P R O G R A M & E V E N T R E G I S T R AT I O N F O R M Please return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204 with a check or credit card info; fax to 410-823-3418, or REGISTER ONLINE at www.bcba.org.

PLEASE register me for the following programs/events:

Registration Fee: Member Non-Member March 3, SLLZ: A View From The Hill

$60

$65

March 8, RPC: Closings, Settlements, e-Filing Deeds

$0

$20

March 8, SSF: Court Reporter Services

$0

$20

March 10, Wines Around The World

$50

$50

March 16, FL: Social Media: Evidentiary Issues

$0

$20

March 16, YL: What Business Leaders Look For When Retaining Legal Counsel

$0

$20

March 21, Tech: Is This Thing On?

$0

$20

March 22, E&T: Guardianships March 23, Membership: UB Scotch Tasting

$0 $0

March 24, FL: Deviation from Child Support Guidelines

$0

$20

March 30, Crim: Mental Health Issues

$0

$20

March 31, ADR: Changes, Changes, Changes

$10

$20

Name(s) Telephone City Email

$20 Members Only

Address State Zip Amount Enclosed

Menu Choice (if applicable) Name on C/C Today’s Date Billing Address City State Zip Email Amount authorized MC/Visa/Discover/American Express Card No. Expiration SEC# (on back of card) Signature____________________________________________________________________________

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March 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

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

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

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

Contact ken@kenpragercpa.com 410-828-4749

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March 2016

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March 2016

CRIMINAL LAW UPDATE

by Robert C. Lidston The January Amicus features two Court of Appeals decisions and one Court of Special Appeals decision which may be useful to practitioners.

the other a "robbery gone bad" situation. They urged Williams to explain what had happened. Williams confessed to the robbery and murder.

Williams v. State, No. 9, September Term 2015, filed December 18, 2015 (opinion by Battaglia, J.).

Williams was arrested in connection with a murder investigation and during an interview with police stated several times, "I don’t know what’s going on." Officers explained to him that before speaking with him about the matter they would have to provide him with his Miranda rights and that he did not have to talk to them. Williams said "I don’t know" seven times in one way or another, while the officers explained the Miranda procedure. When he was told by police that they were required to go through the formality of reading the Miranda rights, Williams said, "I don’t want to say nothing. I don’t know." The rights were then read to him and Williams signed an Advice of Rights form. While questioning him, police described two scenarios, one of which included a premeditated murder and

Prior to trial, he moved to suppress his confession, arguing that he had invoked his right to silence when he said, "I don’t want to say nothing. I don’t know." The trial judge denied the motion, deciding that the statement was ambiguous and equivocal.

Williams was convicted and sentenced to life imprisonment for first degree murder.

Williams appealed his conviction to the Court of Special Appeals, which affirmed the trial court’s decision. COSA opined that the addition of "I don’t know" to Williams’s statement, "I don’t want to say nothing," made the statement ambiguous. COSA also decided that the police did not make any improper promises or inducements and that Williams’s confession was not involuntary.

The Court of Appeals affirmed. It agreed that Williams’s alleged invocation of his right to remain silent by saying, "I don’t want to say nothing. I don’t know," was ambiguous and that his confession was voluntary. The essential inquiry to determine whether a suspect has invoked the right to remain silent is whether the invocation is clear or ambiguous. The Court believed that Williams’s statement could have been him weighing his options about wanting to talk or not knowing whether to talk. The Court decided that the "I don’t know" following "I don’t want to say nothing" created ambiguity as to whether Williams wanted to invoke his right to remain silent.

It further held that his confession was not the result of an improper inducement. It cited Ball v. State, 347 Md. 156, 699 A.2d 1170 (1997) in saying that, "An appeal to the inner psychological pressure of conscience to tell the truth does not constitute coercion in the legal sense." Therefore, police offering an explanation of the meditated murder versus a "robbery gone bad" scenario amounted only

Continued on page 33

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March 2016

CRIMINAL LAW UPDATE Continued from page 32 to two different ways of characterizing a situation, rather than an inducement.

Meyer v. State, No. 21, and State v. Rivera, No. 22, September Term 2015, filed December 22, 2015 (opinion by Greene, J.). Meyer did not contest two counts of manslaughter by motor vehicle and was sentenced to fourteen years in jail with seven of those years suspended, and three years of unsupervised probation. As a special condition of the probation, he was not to operate a motor vehicle in Maryland. During his period of probation, Meyer obtained a Maryland driver’s license and, while still on probation, received speeding and failure to use headlights citations. This resulted in his being charged with violating a special condition of his probation. He was found to have done so.

Subsequently, he filed a Motion to Correct an Illegal Sentence. He argued that under Maryland Rule 4345(a), the condition prohibiting him from driving in Maryland was illegal. The trial court denied his motion and he appealed to the Court of Special Appeals. Before COSA took up the matter, The Court of Appeals granted cert.

The Court consolidated the Meyer matter, for the purposes of its opinion, with that of a Ms. Rivera.

Ms. Rivera had been charged after she drove aggressively and twice swerved her vehicle towards a group of bicyclists. A bicyclist fell off the bicycle on impact and was hurt. Rivera was found guilty of two counts of second degree assault and one count of failure to remain at the scene. She received a PBJ with a special condition that she not drive a motor vehicle for one year or "until the MVA permits her to drive, whichever is later in time." She appealed this condition to the Court of Special Appeals.

COSA cited Sheppard v. State, 344 Md. 143, 685 A.2d 1176 (1996) to say that the trial court abused its discretion by imposing the no-driving condition.

The Court affirmed the trial court’s decision in Meyer, and reversed the COSA decision in Rivera.

It decided that the Sheppard Court erred when it held that the enactment of the Transportation Article preempted the Judiciary from imposing a no-driving

condition. That Article gives the MVA power to regulate the issuance of a driver’s license as well as suspensions, revocations and reinstatements.

However, the language of the statute does not suggest or expressly restrict the broad discretion of a sentencing judge to place restrictions on one’s driving privileges as a condition of probation.

The Sheppard Court had erred by implying that the legislature intended to curtail the Judiciary in this area. The Executive and the Judiciary branches share authority to regulate driving privileges, but only the Executive branch has the authority to issue, suspend, revoke and reinstate a driver’s license. The Judiciary, though, has the discretion, where appropriate, to restrict a defendant’s conduct, which includes prohibiting the operation of a motor vehicle as a condition of probation. Both branches may make decisions that adversely effect an individual’s driving privileges.

The no-driving conditions of probation imposed on Meyer and Rivera were reasonably related to their convictions. The imposition of the no-driving condition of probation was neither an abuse of discretion nor a violation of the separation of powers doctrine. The imposition of such a condition is not an illegal sentence within the meaning of Rule 4-345(a). That subsection is an exception to the general rule of finality and is "limited to those situations in which the illegality inheres in the sentence itself" which occur when "there either has been no conviction warranting any sentence for the particular offense or the sentence is not a permitted one for the conviction upon which it was imposed."

Chaney v. State, 397 Md. 466, 918 A.2d 510 (2007).

Lindsey v. State, No. 146, Srptember Term 2015, filed December 16, 2015 (opinion by Hotten, J.).

The trial court issued a search warrant for Lindsey’s apartment based on an affidavit containing information from confidential informants who alleged that heroin was located in his apartment and on information provided by an acquaintance that Lindsey was engaged in drug-related activities.

Continued on page 34

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CRIMINAL LAW UPDATE Continued from page 33 Additional information was cited that police had discovered during an investigation in which Lindsey was a target.

When the police arrived at Lindsey’s apartment to search, a K-9 dog alerted in the area in front of his apartment door. Police also encountered Lindsey in the hallway of the apartment building and eventually discovered large quantities of heroin and drug paraphernalia within the apartment.

Lindsey was indicted for possession with intent and other charges. He filed a suppression motion, challenging the probable cause for the search warrant. After an extensive hearing, the trial court denied his motion. Lindsey entered a conditional guilty plea and was sentenced to incarceration.

Afterward, he noted a timely appeal to the Court of Special Appeals.

door was in close proximity of the apartment, COSA decided that Lindsey had not demonstrated that the circumstances satisfied all of those four factors.

The area within the apartment building was secured by a lock and a buzzer system. Whether entry into the building was, in fact, secure could not be determined because it was unclear how the detectives gained entry into the building.

Additionally, Lindsey’s arguments never established that he maintained exclusive control of the area in question. In general, the common areas, such as hallways, of a multi-unit apartment building are not areas in which a tenant has exclusive control.

COSA affirmed his conviction. It found that there was a substantial basis for probable cause to issue the warrant and that they K-9 dog alert in front of the appellant’s door was in an area that was not curtilage and did not violate the Fourth Amendment rights.

COSA said that the affidavit contained several objective facts from which the trial judge could reasonably conclude that there was probable cause to search the apartment. The officer who authored the affidavit reasonably believed that the averments therein were related to Lindsey’s present and continuing violation of the law and that the evidence sought would likely be found in the apartment.

COSA also found that Lindsey failed to demonstrate that the area in front of his apartment door was curtilage. Thus, the Fourth Amendment protection was not warranted. Maryland courts consider four factors in defining curtilage: (1) the proximity of the area claimed to be curtilage to the home; (2) whether the area is included within an enclosure surrounding the home; (3) the nature of the uses to which the area is put; and (4) the steps taken by the resident to protect the area from observation by people passing by. Although the hallway in front of the apartment

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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

THE ADVOCATE

443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291

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March 2016

Committee Programs ADR Committee 

  

March 31, 2016, 5 p.m.

Changes, Changes, Changes

CLE Committee Mezzanine 08  April 6, 2016, Noon Peace/Protective Orders  May 4, 2016, Common Mistakes: Avoiding Attorney Grievance  September 7, 2016 District Court Personal Injury Cases: Proving Damages

Criminal Law Committee

Lawyer Referral Committee 

Law Day 2016 Miranda, More Than Words To be celebrated on Monday, May 2, 2016

Committee Meetings Scheduled: March 3, 2016, 5 pm April 5, 2016, 5 pm All meetings will be held in Mezzanine 08

Entertainment Committee   

March 10, 2016, Wines Around The World, 6-9 p.m., NDP, see pg. 7.

April 26, 2016, Supreme Court Group Admission. See pg. 17.

April 30, 2016, Hillwood Estate Tea and Garden Tour, Washington, D.C. June 2, 2016, Golf Tournament

Membership & Admissions Committee 

March 23, 2016, 4:30 p.m., Scotch Tasting at UB Law

Memorial & Recognition Committee

Estates & Trusts 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.

Mezzanine 08, 5 p.m.  March 22, 2016, Guardianships  April 6, 2016, Committee Dinner

Family Law Committee Dinner Programs, 6 p.m.  April 7, 2016, Joint Program with BABC

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

Informational Sessions Evening Series Mezzanine 08, 5-6:30 p.m.  March 16, 2016, Social Media  March 24, 2016, Deviation from the Child Support Guidelines THE ADVOCATE

April 21, 2016, 12 p.m., How to Train Your Dragon! Or, How to Interpret & Complete a Referral Status Update Report. OR, Why Am I Not Receiving Referrals

Student Essays and Art Entries are due by April 4, 2016. The flyers with criteria are available by clicking the hyperlinks included above.

Mezzanine 08, 5 - 6 p.m.  March 30, 2016, Mental Health Issues  April 13, 2016, Cars, Cops & Stops  June 8, 2016



April 20, 2016 May 4, 2016, 4:30 p.m., Annual Forum May 18, 2016

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March 2016

Committee Programs Young Lawyers Committee

Negligence, Insurance & Workers’ Comp Mezzanine 08, 5-6:30 p.m.  May 3, 2016, followed by a Happy Hour Medical Malpractice Matters

Professionalism Committee Jury Assembly Area, 5:30 p.m.  April 12, 2016 Understanding the Attorney Grievance Commission Reception Immediately Following Program in Mezzanine 08

March 16, 2016, 5 p.m., Mezzanine 08, What Business Leaders Look for When Retaining Legal Counsel.

Happy Hour at CVP, Towson, immediately following program 



Public Awareness & Speakers Committee Civics & Law Academies, 8 a.m. - 2 p.m.  April 15, 2016 @ CCBC Catonsville

Real Property Committee Mezzanine 08, 12 - 1:30 p.m.

Brown Bag Lunch  April 12, 2016 Closings, Settlements, e-Filing Deeds, Current Trends  May 10, 2016

April 3, 2016, 2-6 p.m. Bull & Oyster Roast, Silent Auction

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

Solo & Small Firm Committee Grand Jury Room, 12 p.m.  March 8, 2016

State, Local Laws & Zoning Committee Dinner Programs, 5:30 p.m., Country Club of Maryland  April 13, 2016, Environmental Issues in Baltimore County  May 26, 2016, A View From The Hill with Congressman Ruppersberger

Technology Committee Mezzanine 08  March 21, 2016, 5 p.m., Is This Thing On?  April 11, 2016, 5 p.m., Communication: That’s the Magic Word

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March 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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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

Funding for the March 2016 issue of The Advocate was possible through the generosity of the following:

Law Offices of Peter G. Angelos Bodie, Dolina, Hobbs, Grenzer & Friddell, P.C. Levin & Gann, P.A. Law Offices of Matt M. Paavola, P.A. MEMBER ADVERTISEMENTS 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.

Towson. Small criminal defense law firm (Spencer Gordon) seeking subtenant for our office at Courthouse Commons, 222 Bosley Avenue, Suite B7. One block from Circuit Courthouse; 15’ x 13.5’ room. Administrative/legal assistant support available. Free parking. Seeking easy-going individual. Financial arrangements negotiable. Call 410-296-2555 or email sajlaw@gmail.com.

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March 2016