THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXIV, NO. 10
May 2015
PRESIDENT’S MESSAGE by T. Wray McCurdy Being a legal professional is more than a job; it has a direct connection to maintaining the rubrics that set the standards for our society. Laws, through interpretation, enforcement and advocacy, are society’s bedrock. As bar members, we each play some role in the dynamic process known as the rule of law. It is a responsibility we all share equally, but on some, the mental burden associated with law practice weighs more heavily than on most.
Let’s face it, who among us has never awoken in the middle of the night and scrambled to get a trial calendar, file folder, laptop or some work related item to quell the wave of anxiety that just overcame them while in a deep sleep? To think that shutting your eyes while lying on a towel or walking a treadmill for thirty minutes is going to quench the anxious fire inside of everyone is absurd given the high stress level of the work we are in.
The theme of the current Corona beer ad campaign is “find your beach.” The brand wants you to find a spot to relax and drink one of their products. The true message is deeper than that, however; the true message is find the physical location and activity that allows you to fully unbind from the burdens of daily life. It can be physical activity, although I contend that the daily gym trip, while good for your physical health, is not sufficient to qualify as your “beach.” It should be an activity that includes mental processes as well.
Recently, while watching Andy Belt play music (his beach), I bumped into Adam Rosenblatt selling the Balto Barbeque sauce he created (his beach). Decades ago, Howard Gerber started what became one of the most popular nightspots in the rebirth of Fells Point. These lawyers’ interests outside traditional law practice served as emotional vents releasing some of the stress and anxiety that rule our days. Find something to do that pleases you. If that something helps
Program Registrations
Pg
31
Bar Staff Messages Calendar of Events Classified Ads Committee Reports Court Notices Committee Preferences Criminal Law Update Executive Council Family Law Series 101 Historical Perspectives In Chambers ... Judge Martin Retires Land Recs E-Recording Lawyers Assistance Member News Signature Sponsors
Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg
2 3 36 28 4 6 22 14 10 26 13 16 5 8 28 11
Continued on page 2
Multi-Specialty HealthCare THE ADVOCATE
Inside This Edition
Page 1
Signature Sponsor May 2015
PRESIDENT’S MESSAGE Continued from page 2 others, that’s a bonus. Remember the lyrics from the George Benson tune of the ‘70’s - learning to love yourself is the greatest love of all - and keep them present in your mind as you go on your quest to find your beach. I hope it is a place where you find true enjoyment and happiness, and where your mind is unburdened at least temporarily from the stresses of the day.
Message from the Executive Director … As excited as we were to roll out the new format of The Advocate using www.issuu.com, some members had difficulty creating an account, or accessing the website through restricted servers. We would like to give this some more time for members to become familiar with the format, but we have also added the pdf version of The Advocate to our website. Now remember, this is a large file to download, and again, some servers may take time. We appreciate your patience as we look into other, affordable, formats to deliver our monthly newsletter.
Doris Barnes Message regarding Lawyer Referral & Information Service …
May 15, 2015 - 2015-16 LRIS Panel Registration Forms will be available in the Bar Office, and online. The current year ends June 30, 2014 and you must renew in order to remain on Lawyer Referral Panels.
Rachel Ruocco Message regarding Membership … It is time for Members to make their annual Committee designations for 2015-16 (see page 6). If you would like to be removed/added to a specific committee, please advise. Otherwise, current committee preferences will remain the same, and you do not need to do anything. Of course, if you have any questions, please email or call the Bar Office, 410-337-9103.
Maxine Morrow THE ADVOCATE
Page 2
May 2015
C ALENDAR
2014-15 Officers President Pres-Elect Secretary Treasurer
T. Wray McCurdy Vicki Ballou -Watts Robert J. Thompson Adam T. Sampson
Executive Council Keith R. Truffer Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Philip N. Tirabassi , Immediate Past President Catherine A. Dickinson, YL Chair
The Advocate Laurie Wasserman, Committee Chair Doris D. Barnes Thomas S. Basham Associate Editors
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.
E VENTS
May 2015 1 1 6 7 7 8 12 12 13 14 14 19 19 21 25 27 29
Law Day Breakfast, 7:30 a.m., Martin’s Valley Mansion, Cranbrook Law Day Ceremonies, 12 noon, Patriot Plaza, Towson Family Law Evening Series: How to Try or Defend an Attorney’s Fees Argument in a Family Law Case, 5-6:30 p.m. Solo & Small Firm Lunch - West Side, 12 Noon, Double T Diner NIWC: Wrongful Death 2015, 4:30 p.m. Solo & Small Firm Lunch - East Side, 12:30 p.m., Uncle Eddie’s Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Professionalism Committee Meeting, 5:15 p.m., Proctor & McKee Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m. Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room Estates & Trusts Program, 5 p.m., Grand Jury Room Solo & Small Firm Lunch - Towson, 12 noon, 7 West Bistro Grille Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann Family Law: Annual Forum & Happy Hour, 4:30 p.m. COURTS & BAR OFFICE CLOSED in Observance of Memorial Day Solo & Small Firm Lunch - Northwest, 12 noon, Harryman House Orioles Night At The Yard (vs. Tampa Bay Rays), 7:05 p.m.
Contributing Writers Catherine A. Dickinson Sondra M. Douglas Jason S. Garber Jonathan M. Herbst Robert C. Lidston Margaret M. McKee Cecilia B. Paizs G. Darrell Russell Laurie Wasserman Catherine F. Woods
OF
June 2015 2 Technology Committee: Ethics in the Cloud, 12 Noon 4 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room 4 Annual 18-Hole Golf Tournament & Beginners’ Clinic 4 Solo & Small Firm Lunch - West Side, 12 Noon, Double T Diner 9 Executive Council Meeting, 8 a.m., Judicial Conference Room 363 9 Professionalism Committee Meeting, 5:15 p.m., Proctor & McKee 10-13 MSBA Annual Conference, Clarion Resort, Ocean City 10 Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m. 11 Estates & Trusts Program, 5 p.m., Grand Jury Room 12 Solo & Small Firm Lunch - East Side, 12:30 p.m., Uncle Eddie’s 16 Solo & Small Firm Lunch - Towson, 12 noon, 7 West Bistro Grille 16 Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann 18 Stated Meeting, Installation of Officers, 4:30 p.m. 18 Young Lawyers-hosted President’s Reception, 5:30 p.m., Towson Tavern 24 Solo & Small Firm Lunch - Northwest, 12 noon, Harryman House Committee Planning Meetings will be scheduled during the Summer months. If you are not able to attend a specific committee meeting, but would like to suggest a program and/or speaker, please email doris@bcba.org. ☺ Location is on the flyer included in this issue
THE ADVOCATE
Page 3
May 2015
MORE COURT OF SPECIAL APPEALS OPINIONS NOW AVAILABLE ONLINE Maryland Judiciary, Office of Communications and Public Affairs
Maryland Court of Appeals Chief Judge Mary Ellen Barbera today announced plans to increase online access to Court of Special Appeals opinions by making previously unreported opinions available on the Maryland Courts website, effective Friday, May 1, 2015. “Our goal is to modernize the Maryland court system and to increase electronic access to information, both of which help advance the Judiciary’s mission to provide timely, effective and fair access to justice for all,” said Chief Judge Barbera.
CIRCUIT COURT FOR BALTIMORE COUNTY Richard Abbott, Family Law Administrator 410-887-6578 The revised Family DCM Plan is now up on the Baltimore County website. Here is a link to the page on the website where the Plan is published: http://www.baltimorecountymd.gov/Agencies/ circuit/family/familymgmtplan.html
Maryland Rule 8-605.1 draws a distinction between “reported” and “unreported” opinions, requiring the court to report, as precedents, only those opinions determined to be of substantial interest. Of the approximately 1,400 opinions the Court of Special Appeals issues each year, some 90 percent are unreported; unreported opinions may not be cited in legal argument. While such opinions have always been public documents, they were available only at the Court of Special Appeals Clerk’s Office and the State Law Library, upon request. Now, the Court of Special Appeals’ unreported opinions will be as readily accessible online as reported opinions. “We recognize and honor our commitment to provide information in a timely and efficient manner to the public and the legal community,” said Court of Special Appeals Chief Judge Peter B. Krauser. “As a result, we are joining a growing number of states that now place their unreported opinions online.” The Court of Special Appeals was created in 1966. Unless otherwise provided by law, it hears appeals of any reviewable judgment, decree, order, or other action of the circuit and orphans’ courts. Judges sitting on the Court of Special Appeals generally hear and decide cases in panels of three, though in some instances all 15 judges will sit en banc to hear an appeal. To find the reported and unreported opinions of the Court of Special Appeals, visit http:// mdcourts.gov/cosappeals/ and click on unreported opinions.
Available for Mediation Judge Paul E. Alpert Court of Special Appeals, Retired ziva6491@comcast.net (410) 963-3747
THE ADVOCATE
Page 4
May 2015
LAND RECORDS: E-RECORDING PROJECT UPDATE by Barbara Hansman, Project Manager, AOC, Judicial Information Systems
Based on stakeholder feedback and suggestions, the e-recording pilot system for Baltimore County is in the final phases of testing. The vendor (Simplifile) is finishing up some reports and staffs are in training along with system testing. Initially, the system will accept the more simple and popular document types, such as deeds & deeds of trust/ mortgages, releases, assignments and similar, then we can move on to add more types at a later time. The system has a built-in electronic workflow that moves the document through the normal paper process, but electronically. When a title industry person submits or uploads a document to be recorded, the Simplifile software does some minor review then pushes it to the Baltimore County Finance Office. The Finance Office does their normal review, and involves SDAT if needed, then on acceptance and payment of related taxes and fees, (via ACH) pushes the document to the Clerk’s Office to be recorded. The Clerk’s office does their normal review, accepts the document, gets the book/page numbers assigned, and does a human verification of the document and index data. The verified documents make their way to the Archives to be uploaded into mdlandrec.net.
Feedback from various groups earlier this year helped us design and develop the system. One strong objection was to an early thought that the electronic books would be separate. We have been able to address this request to integrate the paper and electronic documents by using a dual numbering system that applies electronic numbers to both types of input. This was discussed at last month’s MLTA board meeting, and just as the original paper document to be e-recorded gets scanned at the title company’s office and is uploaded for processing and numbering in the system, so too will be the process with paper documents – they will be scanned first, then numbered. Of course those who need the book/
There are other bells & whistles, such as a rejection process, how to resubmit, how to track your document, electronic stamps, etc., so we would like to invite those people on the sign-in sheet below, whose names are circled, to request a log- in and password to the test system and look around, submit some documents, become familiar with the system and provide feedback. The “circled” people are those who offered to help; however no pressure to do so, and we can also extend the invitation to anyone else. Please contact me at the email below if you’d like to play.
THE ADVOCATE
Page 5
May 2015
2015-16 COMMITTEE PREFERENCE ALL Committee selections continue from year-to-year, unless you submit a new Preference (except for Bench/ Bar, which is appointed by the President each year). Please indicate the Committee(s) you would be interested in serving on during the July 2015-June 2016 year and return this form to the Bar Office (maxine@bcba.org); mail to BCBA, 401 Bosley Avenue, Room 100, Towson, MD 21204; or, fax to 410-823-3418. If you have any questions, or want to check which committees you are currently on, please call Maxine Morrow at the Bar Office, 410-337-9103. ___ADR
___Lawyer Referral Service
___Advocate
___Long Range Planning
___Bench/Bar1
___Membership & Admissions
___Constitution & Bylaws
___Memorial & Recognition
___Continuing Legal Education
___Negligence, Insurance & Workers’ Comp
___Criminal Law
___Pro Bono
___Entertainment
___Professionalism
___Estates and Trusts
___Public Awareness & Speakers
___Family Law
___Real Property Committee
___Fee Arbitration
___Solo & Small Firm
___Historical
___State & Local Laws/Zoning
___Law Day
___Technology
___Lawyer Assistance2
___Young Lawyers
You may serve on more than one committee. ALL Committees are open for registration, EXCEPT for Bench/Bar and Lawyer Assistance (see notes below). NAME
Telephone
ADDRESS City, State Zip
1
This Committee will be appointed by 2015-16 President Judge Vicki Ballou-Watts. If you are interested in serving, please indicate, and you will be notified if you are selected. 2
For confidentiality reasons, this is a CLOSED Committee. If you are interested in serving, please indicate, and you will be notified if selected. THE ADVOCATE
Page 6
May 2015
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.
THE ADVOCATE
Page 7
May 2015
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. JAY MILLER, Chair JOE MURTHA, Vice-Chair JIM BEACH MARY CHALAWSKY MIKE CONNOLLY MARISSA JOELSON RICHARD LYNAS GERARD MILES JIM QUINN JUDGE PHILIP N. TIRABASSI
THE ADVOCATE
410-951-7165, 443-271-7317 410-583-6969, 443-271-7319 410-241-8538 410-951-7160 410-583-8300 410-951-4797 410-821-1099 443-589-0150 443-703-3041 410-512-2323
Page 8
May 2015
FAMILY LAW EVENING SERIES 101: TRYING A CUSTODY CASE - TIPS & POINTERS by William R. Levasseur, Jr. On April 1, 2015 the Family Law and Young Lawyers Committees held the fourth of five “Family Law Litigation 101” sessions. The Honorable Nancy M. Purpura and Kristine K. Howanski, Esquire presented the program in a very crowded jury assembly room at the Courthouse, with nearly 50 attorneys in attendance. It seems this series gets more and more popular with each session.
mines" of information for a Judge. 2.
Home studies.
3. Court evaluations—while these evaluations are certainly not determinative of the outcome, they can confirm or not confirm some of the perceptions that the Judge has otherwise developed throughout the course of witness testimony.
The presenters opened with the monition that the subject matter of the program picks-up at a place where every other possible solution to the custody dispute has been tried and failed, and the case must be litigated. Kristine Howanski gave a general litigation tip that helps her organize her trial prep and case presentation: start with the relief that you are seeking and work backwards from there. Judge Purpura added that a custody attorney’s real value to the Court is functioning in the role of a “reliable reporter.” This is as opposed to being an “unreliable reporter,” which the Judge says all Judges will remember for future encounters with that attorney.
4.
Mental health assessments
5.
Custody evaluations
The program then turned to the subject matter of children as witnesses in custody cases. The attendees were reminded how completely discretionary this issue is with the presiding Judge. Not only will different Judges have different ideas of whether or not to hear from a child, but there are many different approaches to how to actually hear from the child, be it from the witness stand, a recorded chambers conversation or an unrecorded chambers conversation between the child and the Judge. Some Judges will take questions from attorneys but most Judges will not bind themselves to those question areas. It is entirely within the Judge's discretion about how to regard the "testimony" of the child, but the content of the child’s communication with the Court is never dispositive of the ultimate custody determination. Judge Purpura said that it is usually her preference, if she is going to hear from a child at all, to receive the child’s input closer to the end of the presentation of all evidence. Take note, the Judge said she has never had a case where she felt as though she absolutely needed to hear from a child.
“Professors” Purpura and Howanski then went on to give many practice tips and pointers regarding the use of fact witnesses in custody cases. Both agreed that the best witness is one who can tell a story that resonates on an issue that is important, if not central, to a determination that the Court is being called upon to make in the proceeding. The best courtroom presentation on direct examination occurs when the attorney asks a relevant question that elicits a cogent narrative from the witness and the attorney fades to the background. Of course, all witness testimony should be backed up by as many independent sources of credible information as possible. Judge Purpura and Kristine discussed some valuable sources of objective evidence that can be very useful in custody cases;
The program coordinator, Mary R. Sanders, Esq., interjected an interesting question concerning the role of the BIA in custody litigation and the dilemma faced by most Best Interest Attorneys about
1. Individualized Education Programs, (IEP’s) — Judge Purpura said these can be absolute "gold
Continued on page 10 THE ADVOCATE
Page 9
May 2015
FAMILY LAW EVENING SERIES 101: TRYING A CUSTODY CASE - TIPS & POINTERS Continued from page 9 calling their client (i.e., the child or children) as a witness as part of their case in chief. A very lively and engaged discussion followed that question. The program continued with discussions about other key witnesses like therapists, teachers, custody evaluators and experts. The presenters gave some very helpful tips and pointers concerning what we, as family law practitioners, are called upon to do when we find ourselves representing a client who has mental health issues. In addition to many other excellent, practical suggestions given by the presenters, all of which cannot be covered in this article, the attendees of this program received a 48 page case synopses handout including every important appellate decision concerning child custody law, indexed according to subject matter area. Even for the most seasoned family law litigator, this handout will prove to be an invaluable resource. As Kris Howanski so aptly pointed out, these appellate decisions are the "roadmaps" guiding the navigation of our clients’ custody cases.
The fifth and final Family Law Evening Series program is How To Try or Defend an Attorney’s Fees Argument in A Family Law Case, to be presented by Craig P. Ward and the Honorable Justin J. King. It will be held on Wednesday, May 6, 2015 from 5:00 PM to 6:30 PM. Many thanks to the Family Law Committee, the Young Lawyer’s Committee, Mary R. Sanders, Esq. and, especially the presenters, Kristine Howasnki, Esq. and the Hon. Nancy M. Purpura, for an excellent and informative presentation on the difficult subject-matter of child custody litigation.
Attendees also received a copy of Senate Bill 550 which was introduced by Senator Lee (Montgomery County) at this year's Maryland General Assembly on February 6, 2015. The bill is entitled, "Child Custody—Legal Decision-Making and Parenting Time.” Mary Sanders pointed out that 38 states have adopted similar legislation guiding their Courts on these difficult child custody and child access considerations. Unfortunately, Maryland remains one of the minority 12 states without child custody legislation, as the bill did not pass this year. For those practitioners who were not able to attend this Litigation 101 session, I highly recommend obtaining a copy of that Senate bill because it includes many considerations that, regardless of the fact that it did not become law, can be used as an organizational resource for an attorney preparing a custody case for litigation. (See: http:// mgaleg.maryland.gov/2015RS/bills/sb/ sb0550F.pdf).
THE ADVOCATE
Page 10
May 2015
Signature Sponsors 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).
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. Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher
Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts
If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org.
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, 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!
THE ADVOCATE
Page 11
May 2015
WHEN YOUR DIVORCE/ CUSTODY CASE BECOMES CRIMINAL by Sondra M. Douglas On March 19, 2015 Family Law practitioners and Judges Ballou-Watts, Jakubowski and Cox, along with Magistrate Beck, all met at Christopher Daniel Restaurant to discuss what to do if your family law case becomes criminal. After the beginning social hour with your favorite cocktail in hand we were seated and met our speakers for the hour which included Alexander “Sandy” Steeves and Jill Savage who is the Chief Attorney of the Family Crimes Unit of the Baltimore County State’s Attorneys’ Office. Jill began with comforting those non-experienced criminal, yet experienced family law attorneys that her staff pays particularly close attention to those domestic violence cases. Jill explained that her staff is aware that many “alleged” criminal acts that take place between domestic partners are sometimes nothing more than a tool to gain an advantage in their pending family law matter. Jill welcomed family law practitioners to reach out to her office and alert her as to any specific facts that would support our client’s position of innocence. Sandy joined Jill in her realistic approach from a practitioners approach to handling the typical phone call from a family law client that is now being accused of a crime. If your client is unable to hire a family law and criminal attorney, as many clients cannot, communicate with the State’s Attorneys’ Office and notify them of the pending family law proceedings. Sandy testified of his positive experience with the State’s Attorneys’ Office and investigators.
Magistrate Wendy Zerwitz Schenker
Many thanks go to the participants, and Mary Sanders for organizing the event. Upcoming Family Law Programs: May 6 - Evening Series 101: How to Try or Defend an Attorney’s Fees Argument in a Family Law Case May 21 - Annual Family Law Forum
THE ADVOCATE
Page 12
May 2015
IN CHAMBERS WITH MAGISTRATE WENDY ZERWITZ SCHENKER by Ogenna D. Agbim Magistrate Wendy Zerwitz Schenker is a well-respected and accomplished woman that I was fortunate to meet through my involvement in the Baltimore County Bar Association. After speaking with her briefly on the phone to inquire whether she had time to share some of her favorite things with The Advocate, I instantly noticed her good sense of humor, kind nature, and energetic personality. Despite her busy schedule, she welcomed me to her office just days later. Magistrate Schenker is a native of Maryland, and grew up in Pikesville. She attended Western Maryland College (now McDaniel College), where she earned a bachelor’s degree in English. Inspired by her father Arnold Zerwitz, she attended law school at the University of Baltimore School of Law. During this time, she worked as a law clerk for the Baltimore City Office of the Public Defender. It was while working at the Public Defender’s Office in Baltimore City that she met her late husband, Gary Schenker, an Assistant State’s Attorney for Baltimore City. Upon passing the bar, she was hired as an Assistant Public Defender in Baltimore County, and became the only other attorney in her immediate family. She left the Public Defender’s Office to work with her father at the family-run law firm, Zerwitz & Zerwitz. The firm focuses on general litigation, she handled mostly criminal law and family law matters. In 2011, Magistrate Schenker was appointed to the Baltimore County Board of Appeals. She has worked for the Circuit Court presiding over pre-contempt hearings, and was appointed as a Family Magistrate in April 2014. Favorite local restaurant: Ruth’s Chris Steakhouse. Favorite sports teams: The Orioles, the Terps, and the Ravens (of course!). Favorite book: I enjoy most suspense novels. Daniel Silva and David Baldacci are two of my favorite authors. Favorite way to spend her free time: Reading! I really love to read! I also enjoy catching up on shows recorded on my DVR, or watching a show at the Hippodrome. (I have season tickets!)
THE ADVOCATE
Page 13
Favorite movie: Field of Dreams! I know every line! If I could be a famous actress for a day: I’d be Meryl Streep. She is such an intelligent, grounded actress. Favorite music: I have SIRIUS in my car, so I listen to a little bit of everything. I switch between the pop, classic rock, and broadway show stations. In general, Elton John, Jimmy Buffett, and Billy Joel are some of my favorite artists. Favorite places to travel: New York City. Being a huge theatre buff, I love to go there during the day and catch a matinee. In the State of Maryland, Deep Creek Lake is always a nice getaway for me. If I had a “bucket list”: I’d like to travel a lot more. Hawaii would definitely be one of my top destinations. If you were not practicing law: In college, I majored in English. If I wasn’t practicing law, I’d probably be a high school English teacher. I am really proud of: My son. He is a third generation future graduate of the University of Baltimore School of Law. Her guilty pleasure: All kinds of ice cream—except chocolate. I also love spa trips and massages. Her favorite memory about practicing law: Anything that I did for the first time. My first jury trial and my first argument in the Court of Special Appeals will always be memorable. Her professional pet peeve: When attorneys talk over one another in the courtroom. Her advice to young lawyers: Join bar associations. Within each bar association there are so many different resources that have a wealth of value, and each is well worth exploring. In addition, the connections you will make are invaluable, and it is a great opportunity to see legal professionals in a different light.
May 2015
LISA Y. SETTLES JOINS THE BCBA EXECUTIVE COUNCIL by Stacey Darin
I had the pleasure of meeting with Lisa Y. Settles, who has been recommended by the Nominating Committee for appointment to the Executive Council of the Baltimore County Bar Association (BCBA). Lisa will officially be voted in and placed on the Executive Council at the BCBA Annual Stated Meeting and Election of Officers on June 18, 2015. She will spend one year in each of the Council’s positions and serve as President in her tenth year. Lisa was born in Washington, D.C. She grew up in Prince George’s County, Maryland with her parents, older sister and younger brother and now resides in Cockeysville. Lisa received her Bachelor of Science from Towson (State) University. She later attended the University of Baltimore Schools of Law (evening division) and Liberal Arts, obtaining a dual Juris Doctor/Masters in Public Administration. While completing her postgraduate studies, Lisa worked as a Law Clerk/Legislative Assistant for then-State Speaker Pro Tem (now U.S. Congressman) the Honorable Elijah E. Cummings and his law partner Robert Fulton Dashiell at Cummings & Dashiell, P.A. After law school, Lisa served as a Federal Assistant Court Monitor. She left the Court Monitor’s Office in September 1996 to serve as Coordinator of Compliance (in-house special education attorney) with Baltimore County Public Schools. Lisa was recruited into private practice and joined Pessin Katz Law, P.A. in September 2003. She is a Member (Partner) in the Education/Labor & Employment and Litigation practice groups, primarily representing public and private employers including various Maryland school systems in employment disputes and other civil cases in federal and state courts at the trial and appellate levels.
BCBA as Vice Chair of the Civics and Law Academy and previously served as Chair and Vice Chair of the Law Day Committee. Lisa is a 28 year member of Delta Sigma Theta Sorority, Incorporated and currently serves as Historian of the Baltimore County Alumnae Chapter. She also is a Member-at-Large for the Patapsco River (MD) Chapter of The Links, Incorporated. Lisa’s hobbies include singing, traveling, writing, and spending time with family, Sorors, Link Sisters, Church members and friends. She is a lover of the Performing Arts. Lisa’s advice to those who want to get involved is: “Start somewhere.” She recommends joining subcommittees and attending BCBA events to meet new people, share ideas, and promote camaraderie among the membership.
Lisa has long been active in the community. She joined the BCBA shortly after entering private practice to network with other practitioners and to serve the community. She currently serves the THE ADVOCATE
Page 14
May 2015
THE ADVOCATE
Page 15
May 2015
A HUMBLE START - A HUMBLE FINISH `` THE LEGACY OF THE HONORABLE TIMOTHY J. MARTIN by William R. Levasseur, Jr. In 2005, when Timothy J. Martin, Esquire was selected by then Governor Robert L. Ehrlich, Jr. as a new appointee to the Bench of the Third Judicial Court, there was no political plum being picked, nor any favor being returned to Attorney Martin, to Baltimore County, nor to anyone. During his second interview with the Governor, after the technical-legal topics were fully explored, Tim Martin was asked what books he had read recently. The soon-to-be-judge, a veracious reader and avid student of the French language, was more than happy to engage in that discussion. Lore has it that the two of them discussed literature for the next twenty or so minutes. No one knows for certain what influences a Governor’s judicial appointments (and there are many theories, to be sure), but it is safe to say that Judge Martin did not fail himself, nor the citizens of Baltimore County, in the course of that lively exchange.
Stevedore Manager (father) and a school teacher from New York (mother), launched himself into the legal profession through humble beginnings that mattered most. Young Tim Martin enrolled in the ROTC program at Loyola College of Maryland to acquire his higher education, graduating in 1967. It was there that this All-American lacrosse star would be strongly influenced by the modest teachings and philosophy of the Jesuit traditions. Perhaps it was Combat Engineer Platoon Leader Martin’s service to his country as a United States Army Officer in Viet Nam during a perilous tour of duty from 1968 to 1969 (honorably discharged in 1970) that made the difference. There is little doubt that Prosecutor Martin’s distinguished career in the Baltimore City State’s Attorney’s Office (19761977), then the Baltimore County State’s Attorney’s Office (1977-1978), had some sway with the Governor. But, the strongest influence to his appointment to the Baltimore County Bench was most likely, Timothy J. Martin’s reputation as an extremely well-prepared domestic relations practitioner who approached these difficult cases rationally, pragmatically, and, with respectful wisdom. By all appearances, Governor Ehrlich was genuinely committed to improving the quality and procedures of the Third Judicial Circuit’s handling and management of the Family Law Court of Baltimore County, and beginning on November 8, 2005, the date of Judge Martin’s first day on the job, that is exactly what began to happen. March 18, 2015 regrettably marked the end of Judge Martin's tenure as an Associate Judge on the Baltimore County Bench (see Daniel Stringer Esq.'s article in this issue of the Advocate for coverage of Judge Martin's last day in the courtroom which occurred on Friday, January 30, 2015—baseball caps and all—and the retirement luncheon that followed).
Perhaps it was the fact that this intense and deeply ethical attorney, the son of a Port of a Baltimore
THE ADVOCATE
Timothy J. Martin entered private practice as an associate attorney with the law firm of Beach Cadigan & Kahl in 1978. He developed a close
Page 16
May 2015
A HUMBLE START - A HUMBLE FINISH `` THE LEGACY OF THE HONORABLE TIMOTHY J. MARTIN Continued from page 16 professional relationship with his mentor, the late James G. Beach, Jr., and not long thereafter, he became a named partner in the firm of Beach Cadigan & Martin (following the appointment of The Hon. Christian M. Kahl to the Baltimore County Bench). Together, “Beach and Martin” tried many infamous Family Law cases, including, Rosenberg v. Rosenberg. I had the privilege and honor of being mentored by Tim Martin as an associate attorney of Beach Cadigan & Martin from 1991 to 1995 and we became law partners in the firm of Martin & Levasseur from 1995-2002. During those years, I witnessed Tim’s tenacity about being prepared and organized. He could not stand to have anything on his desk at the end of the day, because it meant something was left unfinished. When he was involved in large and complicated cases, it was his practice to organize the files, expert reports, financial records, legal
THE ADVOCATE
research, witness testimony, trial notes and all the thousands of other pieces of paper such cases engender and keep them on a cart with wheels so he could work with them in his office or in the library or at the copier—just as long as the materials were not cluttering his desk and his head. Whatever it took, his practice methods resulted in a thoroughly prepared attorney, who was also one of the best cross-examiners in the business. When in private practice, Attorney Martin was frustrated by the way domestic relations cases were handled in Baltimore County. In particular, he was convinced that the “standby” and “bump” dockets seemed disproportionately applied to domestic relations cases. The manner in which domestic cases were channeled through the system seemed
Page 17
Continued on page 18
May 2015
A HUMBLE START - A HUMBLE FINISH `` THE LEGACY OF THE HONORABLE TIMOTHY J. MARTIN Continued from page 17 hap-hazard. There were times I would complain to my then boss, when I was a young associate, that the system didn't seem fair to us domestic relations practitioners. Tim would lament, “My boy, domestic relations cases are the poor stepchildren of the judicial system, and you better get used to it." During his nearly 10 years on the bench, the last 18 months of which were spent as Family Division Coordinating Judge, Judge Martin spearheaded substantive changes to these problems. The Hon. Ruth A. Jakubowski, who has taken over for Judge Martin as the Family Division Coordinating Judge, reacts to the "poor stepchild" comment by saying, "Not anymore." She vows to press on with Judge Martin's commitment to ensure that the families who bring their controversies to the Court system have their matters treated with the respect, efficiency and fairness they deserve. One of the first things Judge Martin did that reflected his commitment to the Family Law Bench was to remain in the Domestic rotation even when his first six month term had concluded. In fact, during his nearly 10 years on the bench, Judge Martin exited the Family Law rotation only once or twice, a rather unprecedented statistic. It is usual, and understandable, for judges to serve their six month rotation in the Family Law Court and promptly resume their regular civil dockets. The fact that Judge Martin remained in Family Law Court for nearly the entirety of his tenure on the bench authenticates his level of commitment to Family Law cases. The volume of Family Law cases in Baltimore County is quite high, so taking an interest in improving the efficiency and procedures of those cases is to improve all aspects of the judicial system. In 2014, Domestic Relations cases comprised just over 50% of all of the civil cases filed in Baltimore County and comprised nearly 30% of all of the cases initiated in Baltimore County, including Criminal and Juvenile causes. Richard Abbott, the Family Law Administrator of
the Baltimore County Circuit Court, states that, while there are fluctuations in these statistics from year to year, Domestic Relations cases have persisted in constituting roughly 25 to 30% of the Court's workload each year. It was the unwavering commitment of Judge Martin to make sure that this very large proportion of the demands on the judicial system got the attention he thought they deserved. Fortunately, there are many people who agree with Judge Martin's perspective, including the current Circuit and County Administrative Judge, the Hon. Kathleen G. Cox. It was Judge Cox who appointed Judge Martin as the Family Division Coordinating Judge in October of 2013. One of Judge Martin's very first acts in his new role was to form a working group within the Family Law division and to schedule monthly meetings. This working group consisted of key personnel from the Clerk's Office, the Office of Differentiated Case Management, Mediators, the Masters of the Family Division, as well as representatives from Family Support Services and the Clerk's Office. These family division meetings have produced some very meaningful procedural changes within the Baltimore County Courthouse, from the way the Clerk's Office file room dockets Pleadings and other Court papers in Family Law cases, to the way the Differentiated Case Management System schedules domestic cases, as well as new policies and procedures for how domestic cases are handled in Settlement Court. Many years ago, as many as 40 domestic cases could be placed on standby docket status, or bumped altogether, in a single month. That number was down to 10 to 15 by June 2014 and is presently hovering around two or fewer cases being placed on standby or being bumped by the Assignment Office, according to Mr. Abbot. And, now, if a case does end up on the standby docket, instead of the lawyers sitting in their office waiting to get a phone call, they must report to the Continued on page 20
THE ADVOCATE
Page 18
May 2015
THE ADVOCATE
Page 19
May 2015
A HUMBLE START - A HUMBLE FINISH `` THE LEGACY OF THE HONORABLE TIMOTHY J. MARTIN Continued from page 18 Courthouse with their clients and the case will be absorbed into the Settlement Court docket. This new procedure has already resulted in the successful settlement of some cases. Judge Jakubowski told me that Judge Martin’s innovative approach to Family Law case processing, by creating the Family Law Working Group, has been quite successful in getting all of the different parts of the Courthouse to brainstorm with one another. Domestic case files move all over the Courthouse, unlike other civil cases and criminal files. Just the simple act of bringing together all of the different departments opened up communication channels and facilitated brainstorming solutions. Judge Jakubowski intends to keep this working group together and to meet on a monthly basis. Judge Martin also instituted "town hall meetings," where he, and oftentimes Judge Cox, would meet with members of the Family Law bar. Judge Jakubowski commented that the Baltimore County Family Law Bar is very engaged and involved and she plans to continue the town hall tradition; on March 11, 2015 she held her first such event in her new position. The Judge pointed out that these are not just venting sessions and the discussions that take place are open and quite constructive. As a matter of fact, the idea of bringing standby cases into the courthouse came out of a town hall meeting chaired by Judge Martin—the Bar spoke, the Bench listened and all of the various players within the Family Division implemented the idea quickly and efficiently. We are in an era where the whole culture of Domestic Relations cases is changing within the Baltimore County court system. This culture change is the product of the efforts of many dedicated professionals inside and outside of the courthouse who have devoted their attention to solving large-scale problems. Judge Martin is far too humble to take much, if any, of the credit for
THE ADVOCATE
this sea-change, but everyone involved agrees that it was his willingness to serve as the organizational focal point and his commitment to give all the different moving parts a voice and bring them together that has made all the difference. Fortunately, Judge Martin's commitment to Family Law cases is not retiring quite yet. The Judge served in the Settlement Court for his first session on March 20, 2015 and he will be sitting in Settlement Court every Friday from now on. This is a very significant development because Settlement Court has only been opened in the past Monday through Thursday. Richard Abbott thinks that having an additional day for Family Law cases in Settlement Court will help maintain the efficiency of the Family Law dockets. Achieving settlement success rates at or near 70% is the best way of keeping the trial dockets unclogged. Not only is Judge Martin willing to work on Fridays, but he has also decided to keep about 20 very troublesome Domestic Relations cases that were previously assigned to him so that they do not become another Judge’s problem. These are the things that make Judge Martin the man that he is. What Judge Martin brought to the Baltimore County Circuit Bench as a wise jurist, a valued colleague to the judges with whom he served, and to the Family Law Court in particular, is best stated by The Honorable Robert E. Cahill Jr.: “Tim Martin is my dear friend and has been an inspiration and role model for those of us a halfgeneration behind. Great dad, great husband and he was a great son to his mom who just passed. The fact that he is such a fundamentally solid and humble man is what made him, fundamentally, such a great lawyer and judge in the family law arena. He has lived up to the Jesuit ideal of becoming a ‘man for others,’ as much as anyone I know.” And, living up to that ideal is not limited to his many judicial contributions but goes well beyond
Page 20
May 2015
A HUMBLE START - A HUMBLE FINISH `` THE LEGACY OF THE HONORABLE TIMOTHY J. MARTIN Continued from page 20 the walls of the Courthouse. Judge Martin plans to return to doing volunteer work for the Baltimore International Seafarers Center. The Judge volunteers his time to welcome seafarers whose ships dock in the Maryland Port from many different foreign countries, few of whom speak any English at all. His role is to take them shopping, or to a place of worship or any place else they need to go to help meet their personal and spiritual needs in a far-away and unfamiliar place. In this post-9/11 world, even doing volunteer work at the Port requires a significant amount of learning, training and complying with regulations, in addition to intrusions upon one’s own privacy. But, volunteer Martin will let nothing get between him and the mission of bringing a little home and humanity to people who confront the perils of the sea away from their homes and families for eight to ten months at a time. Everyone at the Courthouse will miss Judge Martin’s day-to-day presence, especially his fulltime staff: Ernie Lloyd, his court clerk, and Cheryl Dively, his judicial assistant. The two of them served with the Judge for his entire judicial career. In fact, Cheryl started in the Martin &
Levasseur offices, so the two of them worked together for more than thirteen years. Ernie, the consummate record-keeper, pointed out that Judge Martin presided over many high profile cases that were not from the Domestic docket, including the administrative appeals of Former CareFirst CEO, William L. Jews, and the felony-murder trial of the Griffins, a Rodgers Forge’s couple whom the Judge found guilty of the 2007 starvation death of their three year old child. Master C. Theresa Beck, who had the pleasure of being Judge Martin’s chambers mate for a few years, was impressed with the Judge’s close relationship with his law clerks: Marianne Hendricks, Esq., Maher “Mac” Shomali, Esq., Jenny Landsman, Esq., Joseph Lane, Sarah Norton, Esq., Elizabeth “Beth” Hopkins, Esq., Daniel Stringer, Esq., Christina Ruhl, Esq., and Kevin McKay, Esq. Master Beck observed a lot of mentoring going on with the Judge and his clerks that wasn’t just all about case law, legal writing and courtroom takeaways—it was also about history and people and movies and books and all aspects of the humanities. She also describes the Judge as “almost annoyingly upbeat early in the morning,” usually arriving in Chambers well before 8:00 AM. Kevin McKay, Esq., Judge Martin’s last law clerk, kept a journal of practice pointers from his time clerking. He was struck by his boss’s ability to quickly determine the “trigger points” of cases and get to the heart of controversies. Sometimes this would lead to settlement discussions within chambers; Kevin said the Judge “was not afraid to get his hands dirty” and he would work with willing attorneys all day to resolve their cases if that was in everyone’s best interest. Kevin expects that Judge Martin will bring these skills to the Settlement Court with great success. He said the Judge is also looking forward to being assigned some complicated Domestic trials after his retirement. Continued on page 25
Judges Timothy Martin and John Nagle
THE ADVOCATE
Page 21
May 2015
CRIMINAL LAW UPDATE by Robert C. Lidston The April Amicus contains two decisions by the Court of Appeals and one by the Court of Special Appeals which may be of interest to practitioners. Smiley v. State, No. 37, September Term 2014, filed March 9, 2015 (opinion by Battaglia, J.). While in the hospital, a shooting victim was shown a photo array of six individuals including the Appellant. Four of the photographs were "slightly elongated with respect to the head, neck and what little bit of the torso of each individual can be seen," but they resembled people of a similar build. Other similarities among the photo array were that the pictures were of six African-American males, roughly of the same age, all with close-cropped hair, five of the six having receding hairlines, all six having facial hair of the same style, and all six having the same facial expression. The shooting victim identified the Appellant as his assailant. In an unrelated recorded interview made three days after the shooting, another individual immediately recognized the Appellant as the shooter. The morning after that ID, the Appellant telephoned his mother from jail, said he knew that the individual would testify against him, that he wanted to prevent that, and asked that his nephew get that individual "out of the picture." Two months later, that individual was murdered and the nephew was indicted. Prior to his trial, the Appellant moved to suppress the victim’s identification, arguing that it was blighted by an impermissibly suggestive photo array as a result of the elongated appearance of some of the men in the pictures. The trial judge did not find the array to be impermissibly suggestive. The judge held that the first burden in such a challenge was on the defendant to show that the ID procedure was impermissibly suggestive, then, if such a showing is made, the burden was on the State to prove that even though suggestive, the identification was still reliable. Jones v. State, 310 Md. 569, 530 A.2d 743 (1987). After the witness’s murder, the State noted its intent to introduce his recorded statement under Courts THE ADVOCATE
and Judicial Proceedings 10-901, which permits the admission of a hearsay statement if it is shown, by clear and convincing evidence, that the person against whom the statement is to be admitted engaged in wrongdoing to procure the witness’s absence. At the pretrial hearing, an inmate testified that when the Appellant heard of the witness’s death, he was "relieved," was "jumping up and down" in excitement, and that the Appellant had told him that the nephew was involved in the witness’s murder. The hearing judge also took judicial notice had been indicted for the murder. The judge found that the Appellant had specifically requested that the nephew keep the witness from appearing at trial, that the inmate’s testimony was credible, and that the nephew was involved in the witness’s murder. The judge also concluded that the evidence was clear and convincing, that the Appellant was involved in wrongdoing that caused the unavailability of the witness. The statement that the witness had seen the Appellant shoot the victim was, therefore, admissible. Smiley was convicted and sentenced to life plus ten years. The Court of Special Appeals affirmed the admission of the extrajudicial identification and of the statement. The Court of Appeals also affirmed. It held that the elongation of the faces and torsos in the photographs did not make the array impermissibly suggestive. It opined that the Jones standard had been consistently reaffirmed by Maryland’s appellate courts. In addressing Courts and Judicial Proceedings 10-901 for the first time, the Court discussed its legislative history and observed that it had been enacted in the wake of witness intimidation, harassment and violence and, therefore, its use in the Appellant’s case was well within the legislature’s contemplation. It said that Smiley’s telephone calls, the murder, his reaction to the murder and his nephew’s indictment for murder satisfied the clear and convincing standard. The trial judge had not abused her discretion by admitting the statement. State v. Johnson, No. 53, September Term 2014, filed March 27, 2015 (opinion by Watts, J.). Johnson was charged with, and found guilty of,
Page 22
May 2015
CRIMINAL LAW UPDATE Continued from page 19 felony murder, kidnapping and robbery, among other crimes. He was sentenced to life imprisonment for the felony murder, twenty years imprisonment concurrent for kidnapping, and ten years imprisonment concurrent for robbery. Johnson appealed and the Court of Special Appeals vacated the sentences for the kidnapping and robbery convictions, deciding that the rule of lenity required merger for sentencing purposes of the convictions for kidnapping and robbery with the felony murder conviction. This was because it was unclear which felony was the predicate felony for the felony murder conviction. COSA also vacated the sentences for the conspiracy to commit kidnapping and conspiracy to commit robbery with a deadly weapon convictions. The State petitioned for cert and the Court of Appeals granted the petition. The Court reversed COSA insofar as it vacated the sentence for robbery. The COSA judgment was affirmed in all other respects. The Court held that when a defendant is convicted of felony murder and multiple predicate felonies, only one predicate
felony conviction merges for sentencing purposes with the felony murder conviction. Without a clear designation that the trier fact meant a specific felony to serve as the predicate felony, the conviction for the felony with the greatest maximum sentence merges for sentencing purposes. It held that Criminal Law 2-201(a)(4) and case law make it clear that only one predicate felony is required to support a felony murder conviction. The Court opined that once the State proves a predicate felony and the death of the victim as a result of that felony, the crime of felony murder is complete, and, for the required evidence test, all of the felony murder elements had been satisfied. Elements of any additional predicate felonies would be redundant. Thus, only one predicate felony merges. The Court also held that applying the rule of lenity does not result in the merger of more than one predicate felony with a felony murder conviction. The Court said that because the felony with the greatest maximum sentence merged for sentencing purposes, a defendant may be separately sentenced for any remaining predicate felonies. In Johnson’s case, kidnapping carried thirty years imprisonment and robbery fifteen years. Therefore, kidnapping carried the greater maximum sentence. It was kidnapping which would merge for sentencing purposes with a felony murder conviction. The sentence for robbery shall remain as imposed by the circuit court. Latray v. State, No. 588, September Term 2013, filed February 25, 2015 (opinion by Raker, J.). Latray robbed a shoe store by giving the clerk a note that claimed he had a bomb in a box which he had placed on the counter. The note told the clerk that she was to give Latray all of the store’s money within thirty seconds and was not to call the police for thirty minutes or that Latray would blow up the store. He took money and a pair of boots. Because of the bomb threat, the area was evacuated and a bomb technician was brought in. After a circuit court trial, Latray was convicted of robbery with a Continued on page 24
THE ADVOCATE
Page 23
May 2015
CRIMINAL LAW UPDATE Continued from page 24 dangerous weapon, second degree assault, theft of property less than $1,000.00, representing a destructive device, and making a false statement by the destructive device. For sentencing purposes, the court did not merge Latray’s aggravated robbery and making a false statement concerning the destructive device convictions. Latray appealed to the Court of Special Appeals, arguing that his conviction for making a false statement concerning a destructive device should merge with the robbery conviction. He argued three merger theories: the required evidence test, the rule of lenity, and fundamental fairness. COSA affirmed the convictions. It held that the convictions for aggravated robbery and making a false statement concerning the destructive device did not merge. The offenses each require proof of a fact that the other does not and so they do not merge under the required evidence test. Because there is no indication that the legislature intended to merge a robbery and making a false statement concerning a destructive device, the rule of lenity does not apply. Merger on fundamental fairness grounds depends on the factual circumstances of a given case with consideration of the harm that the offenses at issue are intended to punish. Robbery and making a false statement concerning a destructive device do not merge even though the robbery was perpetrated by means of the bomb threat because the offenses are wholly distinct and the underlying circumstances indicated that each offense resulted in a separate harm. Thus, fundamental fairness did not call for merger.
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.
THE ADVOCATE
Page 24
May 2015
A HUMBLE START - A HUMBLE FINISH `` THE LEGACY OF THE HONORABLE TIMOTHY J. MARTIN Continued from page 21 When not helping to settle cases or presiding over them post-retirement, there is little doubt that Tim will spend a lot more time with his lovely wife and best friend, Victoria Martin. Victoria is generally a shy and unassuming person but found herself out on a campaign trail for over a year with her husband. Her poise and charm rose to the fore, though, and she was a true asset to the ticket of Cahill Ensor Martin and Norman back in their 2006 contested election. Victoria and Tim love to travel, which is a good thing because three of Tim’s kids live out of state: Tim, Jr. lives in Colorado; Cindy, the oldest lives in California; and Patrick, the youngest lives in Hawaii. Fortunately, the very family-oriented Tim and Victoria have kids nearby, Tim’s daughter Karen, and Victoria’s son, BJ. are both locals.
and quiet tribute held on January 30, 2015 was all that he wanted and made him very happy. Since your humility has left us no other platform, I will take this opportunity to thank you, Judge Martin, on behalf of the entire Bar, for your years of incredibly devoted, respectful, and skilled service and for all that you have done to improve the entire culture of Domestic Relations cases in Baltimore County…you have left behind a wonderful public service legacy that will live on for many years to come.
Surely it won’t be long before the couple heads back to their favorite travel destination—France. J. Michael Lawlor, Esq., a classmate of Judge Martin’s back at Loyola College, and a fellow Vietnam vet whose tour of duty actually overlapped with Tim Martin’s for a couple of months (although the two never ran into each other over there), reminded me of one of the Judge’s favorite moments. Tim and Victoria were staying in a French town and Tim was off doing laundry at a Laundromat. There he encountered a native Frenchman who was doing his laundry and the two struck up a conversation. Now, the Judge has been studying French for many years, so that conversation was completely in French. After about 15 minutes or so, the Frenchman said to Tim that he detected an accent and he asked Tim from what part of France he came? The Frenchman nearly fell over when Tim told him he was from the United States! To conclude, let me say to anyone looking through the rest of the Advocate for the announcement of Judge Martin’s retirement gala, you can stop looking. The Judge did not want a big deal made about his career or his retirement and the luncheon
THE ADVOCATE
Page 25
May 2015
HISTORICAL PERSPECTIVES: MY OTHER BROTHER, DARRYL (FLETCHER) by G. Darrell Russell, Jr. The two Darryls raised me and showed me the ropes as a judge. Hon. Sally Chester These are a few lines on my other brother Darryl, more widely recognized as Hon. Darryl G. Fletcher. It’s been a while since the Bob Newhart show was a Thursday night TV staple. The three disheveled employees of the snow crested New England Inn, owned by Newhart and his wife would early on clumsily amble in, adorned with ill-fitting boots and parkas, and announce “I’m Darrell, this is my other brother Darryl, and this is my brother Larry.” The role of Larry, in the Essex District Court where the two Darryls presided together for over a decade, was usually filled by Sally, that is, Judge Sally Chester. Occasionally, that role was also filled by Norman Stone or Phil Tirabassi, but the two Darryls were a constant. The Darryls, who call each other “ Brother Darryl,” have moved on, one returning to private practice. In his retirement, Darryl Fletcher has continued to sit as a recalled Judge. He is seen often in the Baltimore and Harford County District Courts, and occasionally in the Cecil County District Court. Countless lawyers lament that a trip to the Essex Court, evinces a melancholy for the departed Darryls. No one is irreplaceable and Norman Stone, Stacy Mayer and Mike Pate presently govern the Essex Temple of Justice with competence and confidence. Judge Fletcher has for years sat in summer sessions in eastern shore courts, particularly Ocean City and Snow Hill in Worcester County. By arrangement with the Annapolis District Court Administrative offices he secured periodic assignments to these courts of geographic convenience to his Bethany residence. Darryl and his wife Rose acquired their Delaware shore home forty two years ago. The other Darrell enjoyed many a night’s free lodging at Brother Darryl’s beach retreat well before they donned their cloaks of “royalty”, that is, their judge’s robes. They had been just “commoners” in modest practicing arrangements, Fletcher primarily with Mike McBee and Russell with Henry Stewart. But they each developed neighborhood type practices, representing whoever walked in the front door. As judges they always appreciated lawyers making a living. The geographical neighborhood generally ran from Parkville to Dundalk, as it painted the east side with a blue patina. This was middle America, featuring working class blue, where Ray the Riviter drove to work or the courthouse in his Ford pickup. So it was a natural gravitation for the Darryls to choose to sit in the east side Baltimore County courthouse, properly called the Essex/Rosedale District Court. Darryl Fletcher is the unsung hero of the District Court. Hon. Thomas Bollinger Darryl Fletcher always had a substantial presence in the Baltimore County and Maryland State Bar Associations. He served on a combined fifteen committees, before being sworn in as a county judge in 1994. Prior to the establishment of the state district court system in 1972, there was a hodgepodge of trial courts, primary of which was the trial magistrate system. Its jurisdiction encompassed the non jailable traffic offenses and criminal misdemeanors. At age twenty three, Darryl was and remains the youngest trial magistrate in the history of the magistrate system. He didn’t slow up in his activism after becoming “royalty.” He was appointed or elected by his peers to the following judicial committees: Family Law Committee, Executive Committee, Administrative Judges Committee, and the Judicial Conference. Typical of his pre-judicial activities, he received a citation of appreciation from the Attorney Grievance Commission for his work on the Commission from 1976 until his judicial appointment in 1994. He was the sergeant major or managing judge for the three judge platoon at the Essex Court House. He is a quiet leader. Former Chief Judge of the statewide District Court, Ben Clyburn, said,” If you wanted something done, just assign Fletcher.” Both Darryls enjoyed a comfort level with the Essex courthouse staff. The bailiffs gave them each a farewell dinner at Liberatore’s, in White Marsh. Chief Essex Clerk, JoAnn D’Antonio said,”Judge Fletcher kept our courthouse running smoothly, so we never needed guidance from elsewhere because of him.” The Baltimore County State’s Attorney’s office called him Cadillac Fletcher because of the steady, non-bumpy trip of a day in his court. Firmly in charge in or out of court, he was never a man who used an avalanche of words, suffocating lawyers and litigants. He would utter calmly “not guilty,” or “judgment for the defendant,” or “ten years for loitering.” He does have a sense of humor! Opinions and explanations were brief and concise, with reversal a rarity. Never boisterous, rarely critical, keenly loyal and readily given to laughter, the calm court demeanor is his personality.
THE ADVOCATE
Page 26
May 2015
HISTORICAL PERSPECTIVES: DARRYL FLETCHER Continued from page 26 A day in Judge Fletcher’s court is like a smooth ride in a Cadillac. Rachel Karzeski The reserved, humble leader is a multi-talented person, with God given gifts for creativity with his hands. He makes beautiful furniture. He can fix anything. There are no plumber or handyman magnets on the fridge. A new kitchen in the house in Baldwin, with gleaming granite counter tops, shiny cherry cabinets, and a heated ceramic tile floor is a recent project, worthy of Southern Living magazine. This is the home where he and Rose raised their two children, Steve and Laura. They are each now married and living in Delaware and southern Maryland, respectively. Laura works as a loan officer, and she and Tim are the proud parents of Brennan, 6, and Tenley, 3. Their favorite babysitters are Rose and Mr. Fix-it. Steve is with the Department of Defense and is presently assigned to the Navy Yard in Washington, DC. He commutes from Crofton where he and Meghan have bought the house with the white picket fence. A cogent reason for Darryl’s retirement was to create time to spend time with the children and grandchildren. And, almost as importantly, he wanted to fish and crab. The Fletchers recently moved their Bethany residence to a block away, where the new home was custom built with the help of carpenter Fletcher, who exhibits skills worthy of Thomas Jefferson at Monticello. There is now a dock in the backyard Venice like canal for the larger boat. In the cooler months Darryl keeps his two modest boats on trailers in his Baldwin backyard, which has no canals, but plenty of trees. The bigger boat will soon be moved to the beach. The 19 foot crab skiff he likes to keep mobilized, to be readily hauled by his muscular Ford Explorer. There will be many late summer or early fall excursions into the Gunpowder, Middle River or the Bay. He confesses that among all of his many recreational pursuits, including carpentry, fishing, boating, crabbing is the favorite. Baltimore has fifty recipes for cooking crabs and they are all good. H. L. Mencken The two Darryls have charter memberships in an untitled group which meets regularly at Bill’s Terrace Inn in downtown Essex to crack crabs and talk treason. It’s just old friends getting together. The Darryls began their friendship when they were each clerks for Circuit Court Judges, eons ago. Fletcher and Vernon Boozer go back to their trial magistrate days. Ron Landsman was Darryl’s best man. Ron and Phil Tirabassi and the other Darrell are Greyhounds, all being Loyola College Alum. Others who might frequent the crab house convocation are Wray McCurdy, Wayne Gioioso, Tony Brown , Pat Cavanaugh to name a few. The group has also gathered at Judge Fletcher’s home in Baldwin, to devour crabs caught and steamed by the host. Darryl could be Chef Emeril. He has his own secret recipes for the fish he catches. He and his wife will enjoy his four star dinners, but Rose has a shellfish allergy. This inconvenience confines Darryl to consuming the crabs with the gathered assemblage or the rest of his family, which might include his two brothers. Judge Fletcher has yet another hobby or avocation. He and Rose love to travel. They recently returned from a week’s sailing sojourn in the Bahamas, on Rose’s cousin’s boat. They have taken many Bar Association trips to exotic destinations, the most recent being a winter visit to sunny Punta Cana. Most of Darryl’s hobbies are those in which he can participate with his “partner” Rose, as he calls her. They have skied together from the moonlit trails in Vermont to the snowy slopes of Utah. They have a bucket list of future destinations. The Bar Association and trial lawyers are happy Brother Darryl still graces the courts when he is not crabbing or cooking, building or boating, trawling or traveling. The other Brother Darrell wistfully reminisces about the daily court consorts and comforting companionship of their years together at Essex. They are priceless memories.
THE ADVOCATE
Page 27
May 2015
MEMBER NEWS Congratulations to Latane J. Mason, Esquire, who was recently made a Principal, at Jiranek & Company, P.A. 16 Willow Avenue Towson, Maryland 21286 Tel (410) 769-9070 Fax (410) 825-2583 Lmason@jiranekcompany.com
Michael T. Wyatt has joined Hewitt, Waicker & Keelty, LLC as Partner.
828 Dulaney Valley Rd., Ste 11 Towson, MD 21204 (410) 825-2255 office (866) 287-8300 direct fax www.hwklawgroup.com
Rob and Jenny (nee Landsman) Erdman welcomed their son, Ryker Lee Erdman on April 2, 2015, after only nine (yes, 9) minutes of “effort!” Ryker arrived at 7 lbs, 11 oz, and 20” long. His big brother, two-year old Declan, is thrilled!
Congratulations to Grimm & Dorrill, LLC Nancy Grimm and William Dorrill
COMMITTEE REPORTS All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found online. Click on the Committee Reports banner above.
THE ADVOCATE
Recipients of the William Reece Smith, Jr. Award The Award will be presented at the ABA/NLADA Equal Justice Conference in Austin, Texas on May 9, 2015. This award is presented to individuals who have made outstanding commitments to and positive impacts on the institutions or systems of providing pro bono legal services. The nomination was submitted by Bonnie Sullivan, Executive Director of Maryland Volunteer Legal Services.
Page 28
May 2015
Th i s i s a p a id a d v e rt is e men t .
THE ADVOCATE
Page 29
May 2015
THE ADVOCATE
Page 30
May 2015
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
May 6, 2015, Family Law 101, 5 pm
$10
$20
May 7, 2015, Neg, Ins & WC, 4:30 pm
$0
$20
May 14, 2015, Estates & Trusts, 5 pm
$0
$20
May 20, 2015, Criminal Law, 5 p.m.
$0
$20
May 21, 2015, Family Law Annual Forum, 4:30 p.m.
$0
$20
May 21, 2015, Family Law Forum, 4:30 pm
$0
$20
May 29, 2015, BCBA Night At The Yard
$45/ticket
June 4, 2015, 18-Hole Golf Outing, Noon
$150/golfer
June 4, 2015, Beginners’ Clinic, 2 pm
$75/per person
June 11, 2015, Estates & Trusts, 5 pm
$0
$20
Name(s) Telephone
Address
City
State
Zip Amount Enclosed
Menu Choice (if applicable) Name on C/C
Today’s Date
Billing Address City
State
Zip Amount authorized
MC/Visa/Discover/American Express Card No. Expiration
SEC# (on back of card)
Signature____________________________________________________________________ THE ADVOCATE
Page 31
May 2015
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
Upcoming Family Law Programs Wednesday, May 6, 5-6:30 p.m. Family Law Evening Series 101 How to Try or Defend an Attorney’s Fees Argument in a Family Law Case Thursday, May 21, 4:30 p.m. Annual Family Law Forum Case Law Update w/Richard Jacobs
MEMBER ADVERTISEMENTS Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a Partner’s desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free parking. Close to Towson court houses, I695 and I83. Email randy@waselaw.com or call 410-828-8500. Dundalk. Available office space in Dundalk. Call 410-288-2900. Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet, small bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively, necessarily) is desired. Spin-off work will be available. Rent $800/mo. Contact J. Michael Lawlor at 410-494-1800 or lawloresq@verizon.net. Towson law offices available for sublet. We are four busy lawyers working in a nicely furnished suite of offices on the 8th floor of 401 Washington Avenue, overlooking the Old Courthouse. We have 1-4 lawyer’s offices, plus work stations for legal assistants available. Suite is equipped with phones, reception area, conference room, kitchen, copier and postage meter. Competitive rates. http://www.401washingtonave.com. Macy Nelson, 410-296-8166 x 290; gmacynelson@gmacynelson.com. Towson. Office for rent: 303 West Pennsylvania Avenue, Towson. One, two or three offices for rent available. Use of conference room, kitchen and parking. Very convenient, across from the Circuit Court. Rent negotiable. Contact Joseph Glass, 410-823-4214.
THE ADVOCATE
Page 32
May 2015
BCBA Annual Golf Tournament
Rocky Point Golf Course 1935 Back River Neck Road, Essex, MD 21221
Thursday, June 4, 2015 COST: $150 per golfer
NEW!
12 Noon - Lunch 1 p.m. Shotgun Start Dinner immediately following play
Course contests, raffles, mulligans, two beverage carts throughout the day, in addition to coolers on the course 18- Hole Tournament Format: Four-person Best Ball
BEGINNERS' CLINIC Mini-course hole play, with the Golf Pro Golf cart Course Tour, Instruction and Etiquette Lesson Rental clubs available if needed, at no extra charge Complimentary PGA Rule Book provided Cost: $75 per golfer 2 p.m. check in Includes: lesson, rental clubs, green fees, cart, prizes, give-away item and dinner
MUST REGISTER with handicap for proper flighting