THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 5
November 2016
PRESIDENT’S MESSAGE by Robert J. Thompson The oft-quoted curse “May you live in interesting times” seems particularly poignant this crazy season, but believe it or not, the U.S. presidential election is NOT the most important thing happening in November. Nor, for my money, is it even the most interesting. As I told you last month, I don’t think there are any good choices for president this year, but I have come to the conclusion that regardless of how the election turns out, the country will march forward as it has now for the last 250 years. As I look back on history, I am convinced that this country has had some very “interesting” leaders over the years. I have also concluded that it’s not our leaders that who us forward, but the goodness and the greatness of the American people, and the shared ideas that make us Americans, moving us forward. To me, and I hope to you, the most important thing happening in November is Thanksgiving and the
opportunity it gives most of us to spend some time with family, eating too much, and watching football games that are of little if any consequence to us. We do these things because it’s good to be with family, and even when the inevitable argument over the election breaks out during dinner, we all want to be with the people we love enough to call family. Family. It’s far from perfect, always a mess, sometimes embarrassing, always hard to explain to others, usually just a little bit shy of all-out insanity, nearly always entertaining, and, if you want to talk about interesting -- family is, above all, extraordinarily interesting. But warts and all, I’m most grateful for family. No doubt you heard (as I did, sometime in elementary school) the old proverb: “You can pick your nose, but you can’t pick your Continued on page 2
Multi-Specialty HealthCare THE ADVOCATE
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Inside This Edition Bench/Bar Report Body-Worn Cameras Calendar of Events Civil Law Update Committee News County Council Update Court Notices Criminal Law Update Executive Council Investiture Judge Pion Judicial Portrait Fund Lawyer in the Lobby Lawyers Assistance Member Ads Past Presidents’ Dinner Plumhoff Award Professionalism SAVE THE DATE Signature Sponsors Succession Planning YL Happy Hour
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Signature Sponsor November 2016
PRESIDENT’S MESSAGE Continued from page 1 family.” Well, far be it for me to take exception to an old proverb, but in this one instance, I must differ. A few years ago, we learned that a friend of ours had nowhere to go on Thanksgiving. One of her children lived locally, but that year was visiting his in-laws, and the other children lived far away. It was a nobrainer for us: As others have done for us in the past, we invited this friend to our house for the whole day. It was awkward at first. With the exception of our guest, everyone at the table was a member of the same nuclear family: We all knew the meaning of the looks, the signals and the shorthand, while our guest did not. But, lo and behold, a mere 45 minutes after we sat down together for the first time, our “family” had grown as one more friend was upgraded to first class.
This year, my challenge to myself is that I’m not only going to BE thankful for my family (the boogers I picked and the boogers I did not pick) but I am going to tell them how I feel and why. Imagine what a much greater world we’d live in if everyone took a moment each day to be grateful for the people in our lives, and once in a while to affirmatively let those people know how we feel. Happy November, Happy Thanksgiving and keep up the good work. Rob Thompson BCBA President 2016-2017
Annual Holiday Party, 5-8 p.m., Towson Tavern. Purchase tickets online at www.bcba.org. Flyer on page 9 of this issue.
Membership invoices will be mailed during the week of November 14th. If you do not receive an invoice by November 30th, please contact Maxine Morrow (410-337-9103 x106 or maxine@bcba.org). Dues must be paid in order to purchase a ticket to the Annual Black Tie Banquet which will be held on January 26, 2017. Banquet information, Ticket and Table Reservation Request will be included with renewal invoices. Dues can be renewed online. Tickets cannot, however, be purchased online.
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C ALENDAR
2016-17 Officers President Pres-Elect Secretary Treasurer
Robert J. Thompson Adam T. Sampson Rebecca A. Fleming
Hon. Keith R. Truffer Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Hon. Vicki Ballou-Watts, Immediate Past President Alaina L. Storie, YL Chair
The Advocate Thomas S. Basham Committee Chair Annamaria M. Walsh Committee Vice -Chair
Contributing Writers C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Alexander C. Steeves Laurie Wasserman Catherine F. Woods Matthew I. Wyman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 10th of the month preceding publication.
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E VENTS
November 2016
Michael W. Siri
Executive Council
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Family Law: Active Addiction: How can we help our clients help themselves? 5-6:30 p.m., Jury Assembly Area 8 COURTS & BAR OFFICE CLOSED, Election Day 9 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Volunteers: D. Jill Green, Craig Little, Richard Lebovitz, Larry Polen 9 E&T: Income Tax Considerations, 5 p.m., Grand Jury Room 9 Real Property/SLLZ: Meet the Newer Members of the Baltimore County Board of Appeals, 5:30 p.m., Country Club of Maryland 10 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 10 Young Lawyers Joint Happy Hour with BABC YL, 6 p.m., Ryleigh’s Oyster See page 7 for more information 11 COURTS & BAR OFFICE CLOSED, Veterans’ Day 14 Professionalism Committee Meeting, 5 p.m., Proctor & McKee 14 Family Law: Family Recovery Court, 6 p.m. 15 Executive Council Meeting, 8 a.m., Judicial Conference Room 412 16 NIWC: Liens, 5 p.m., Grand Jury Room 17 Annual Memorial Service, 4:30 p.m., Ceremonial Courtroom No. 5 17 Memorial Reception immediately following Service, Café Troia 19 National Adoption Day Ceremonies, 11 a.m., Ceremonial No. 5 24-25 COURTS & BAR OFFICE CLOSED, Thanksgiving Holiday 28 Criminal Law: Evidence with Judge Joseph Murphy, 5 p.m.
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Family Law: Tips, Tricks & Insights for the Family Law Attorney Scrutinizing Tax Returns, 12:30 p.m., Grand Jury Room 1 Annual Holiday Party, 5-8 p.m., Towson Tavern, Flyer on page 9 6 CLE: Cyber Security - Hacking & Wire Fraud, 12 p.m., Grand Jury Room 6 E&T: Estate Planning with Retirement Benefits, 5 p.m., Grand Jury Room 8 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 8 Young Lawyers Annual Holiday Luncheon, 12-2 p.m., Ground Floor Lobby, County Courts Building, $10 donation or new, unwrapped toy. Flyer on page 12 12 Professionalism Committee Meeting, 5 p.m., Proctor & McKee 13 Executive Council Meeting, 8 a.m., Judicial Conference Room 412 14 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Volunteers: 26 COURTS & BAR OFFICE CLOSED (Christmas Holiday, observed) 27-30 BAR OFFICE CLOSED for Winter Holiday
January 2017 2 10 11 12 16 18 26
COURTS & BAR OFFICE CLOSED (New Year’s Holiday, observed) Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m. Volunteers: Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 COURTS & BAR OFFICE CLOSED (Dr. Martin Luther King, Jr.’s Birthday) E&T: Inheritance Tax Roundtable Do’s & Don’ts, 5 p.m., Grand Jury Room Annual Black-Tie Banquet, 6 p.m., Hunt Valley Wyndham Grand
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COURT NOTICES Circuit Court for Baltimore County
Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge
County Courts Building Towson, Maryland 21204 410-887-6510
ASSIGNMENT OFFICES RELOCATED The new Assignment Office for the Circuit Court opened on August 16th. It is located on the Mezzanine level of the County Courts Building, on the left hand side of the stairs as you walk up. (Opposite the jury office and before the new BCBA Executive Offices). The space houses all assignment personnel for all case types except Juvenile and Trust. Those offices remain in their current locations. The purpose of the change is to centralize assignment information in the pursuit of efficient use of resources, both staff and judicial. The court also thinks the new set up will be more convenient for the Bar, and we would like to hear your thoughts. Please feel free to contact Tim Sheridan, Court Administrator, 410-887-2687 or tsheridan@baltimorecountymd.gov.
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COURT NOTICES Circuit Court for Baltimore County
Chambers of Ruth Ann Jakubowski Family Law Coordinating Judge 410-887-2628 FINALIZING DIVORCES PRIOR TO YEAR END. The Circuit Court has set aside docket time on December 20th and December 27th to set in hearings on divorces in uncontested matters where parties or counsel seek to have the matter finalized within the 2016 tax year. In order to have the case set for hearing, all matters must be resolved, the grounds for divorce must be ripe, and the case must be at issue (i.e. an answer filed or an order of default entered with the 30 days to move to vacate having run).
If you wish to have a case set in for hearing on one of these days, please contact Civil Assignment at 410-8872660. Cases are being set for hearing at 9:30 a.m., 11:00 a.m. and 1:30 p.m. In order to ensure the case can be heard and the final Judgment can be docketed, please have the following when you appear: Proposed Final Judgment of Divorce; “White Sheet;” Payment for any open Court Costs.
CHRISTMAS VISITATION DISPUTES 2016. The Family Law Judges, Judges Cox, Souder, BallouWatts, Ensor, Hanley and Glass will be available to consider Christmas visitation disputes from Monday, November 21, 2016 through Friday, December 16, 2016. Only cases that have an ORDER in place on custody/visitation are eligible for Christmas visitation dispute resolution. To obtain intervention of the Court, contact Abigail Cohen, Family and Civil Case Manager, by email at acohen@baltimorecountymd.gov, or by Fax at 410-296-2362. The following information should be provided, in writing, to Ms. Cohen: Name of the Case Case Number What the last order, if any, states with regard to visitation Name and telephone number of attorney or party on the other side What efforts (stating facts) you have made to reach an agreement with the other side The specifics of what you are requesting as relief The specifics of what the other side has offered, if anything Ms. Cohen will review the file to determine the appropriate handling to include mediation or referral to a Family Law Judge. If mediation is unsuccessful, the case will then be referred to a Family Law Judge for further handling. Once you are assigned a Judge, you may contact the Judge’s chambers on the next business day. If a case has been filed along with a response but no custody Order is in place, then the parties may contact the Office of Mediation at 410-887-6570 to schedule a mediation session on the issue of holiday access.
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PAST PRESIDENTS’ ANNUAL DINNER by Lisa Y. Settles In her waning moments as President of the Baltimore County Bar Association, Baltimore County Circuit Court Judge Vicki Ballou-Watts, along with members of the BCBA Executive Council, hosted the 26 th Annual Past Presidents’ Dinner at the Baltimore Country Club on July 13, 2016. The balmy summer evening and picturesque setting provided the perfect backdrop for this year’s festive gathering. In addition to providing a time for laughter, gentle bantering, picture taking and story-
telling, the Past Presidents’ Dinner offered a unique opportunity for former presidents of the BCBA and current members of the Executive Council to reminisce about the organization’s past, discuss its current needs and trends and envision how it may best serve its members in the future. During dinner, Judge Ballou-Watts thanked each of the past presidents for their dedicated commitment to the organization, offering special gratitude to Stephen J. Nolan and Debra G. Schubert for their role in involving her in leadership in the Association. Judge Ballou-Watts also expressed her appreciation for the opportunity to serve as President and challenged everyone to continue their efforts to ensure that the BCBA remains collegial, embraces technology and lives up to its reputation of being “the best bar association” in the state, if not the nation. She ended her remarks with a reminder of the need for the BCBA to always provide a welcoming invitation to membership.
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As the evening drew to a close, the mantle of leadership passed from Judge Ballou-Watts to Robert J. Thompson who officially had assumed the role as the Association President on July 1, 2016. BCBA presidents and Executive Council members attending the dinner included: (L-R) Robert J. Romadka, President, 1976; Retired Judge Lawrence R. Daniels, President, 1997-1998; Robert J. Thompson, President, 2016-2017; Lisa Y. Settles, Executive Council; Retired Judge J. Norris Byrnes,
President, 1995-1996; T. Wray McCurdy, President, 2014-2015; C. William Clark, President, 2009-2010; John G. Turnbull III, Executive Council; Judge Philip N. Tirabassi, President, 2013-2014; Michael W. Siri, Executive Council; William A. Hahn Jr., President, 1992-1993; Judge Keith R. Truffer, Executive Council; John B. Gontrum, President, 2004-2005; Stanford G. Gann Jr., Executive Council; Dana O. Williams, President, 2008-2009; Judge Vicki BallouWatts, President 2015-2016; Edward J. Gilliss, President, 2011-2012; Judge John J. Nagle III, President, 2000-2001; Alan R. L. Bussard, President 2007-2008; Retired Judge Charles E. Foos III, President, 1994-1995; Retired Judge John G. Turnbull II, President, 1993-1994; John W. Nowicki, President, 2003-2004; Retired Judge John O. Hennegan, President, 1998-1999; David D. Downes, President, 1979; Alexander C. Steeves, Executive Council; Stephen J. Nolan, President, 2002-2003; Magistrate C. Theresa Beck, President, 1999-2000; Myles F. Friedman, President, 1988-1989.
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NEW EXECUTIVE COUNCIL AT-LARGE MEMBER by Lisa Y. Settles Passionate, committed and caring are words that aptly characterize Sondra M. Douglas, the newest member of the Executive Council of the Baltimore County Bar Association. With apparent ease this feisty solo practitioner, whose bustling practice lies in the heart of Towson, appears to have mastered the art of juggling the numerous responsibilities of her professional and personal life. In and out of court, Ms. Douglas represents the best of humanity, the legal profession and the BCBA. A graduate of the University of Maryland College Park and the University of Baltimore School of Law, Ms. Douglas has dedicated her 13-year career to serving others. Whether ensuring access to equal justice for her juvenile and adult clients as a former public defender, engaging in community service or representing clients in the private practice of law, her compassion, patience and civility are unmistakable.
Her commitment to the BCBA is equally evident. In addition to organizing more than 30 continuing education programs as past Chair and Vice Chair of the Family Law Committee, Ms. Douglas served as a member of the Bench Bar Committee and as a presenter for the Civics and Law Academy. Ms. Douglas’s desire to positively impact the profession and guide the direction of our Bar Association sparked her interest in serving on the Executive Council. She is excited to lend her time and talent while offering a fresh perspective to the leadership of our thriving organization. In her spare time, Ms. Douglas is a Zumba instructor. She and Don, her husband of 14 years, proudly parent three equally energetic children: eleven-yearold Colin, an outstanding sportsman and budding actor; eight-year-old Braelyn, an Olympic gymnastin-the-making; and four-year-old Avery, an avid lover of soccer. Ms. Douglas’s energy, perspective, and proven leadership make her a welcome addition to the Executive Council of the Baltimore County Bar Association.
E XECUTIVE C OUNCIL V ACANCY DEADLINE for submitting Letter of Interest is December 30, 2016 The Baltimore County Bar Association Nominations Committee is now accepting letters of interest for the Executive Council At-Large vacancy. A letter of interest should be addressed to the Nominations Committee, c/o Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, Maryland 21204. Letters of interest should include a professional resume, a list of bar association activities, committee involvement and leadership positions and any additional information the applicant would like the Nominations Committee to consider. Deadline for submissions is December 30, 2016, 4:30 p.m. Letters can also be submitted via email to doris@bcba.org.
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BENCH/BAR COMMITTEE REPORT by Fred Allentoff The second meeting of the 2016/2017 Bench/Bar Committee of the Baltimore County Bar Association was held on Thursday, October 13, 2016. The meeting was called to order by Vice-Chair Michael Paul Smith and minutes of the prior meeting were approved and accepted. Chairperson Richard Grason VI then arrived with the much-needed coffee and assumed the helm. Judge Ruth Ann Jakubowski, filling in for Judge
Kathleen Gallogly Cox, delivered the report of the Circuit Court bench. She shared the hope that Governor Lawrence J. Hogan Jr. will appoint two new judges to the Circuit Court bench by Thanksgiving. In anticipation of these appointments, work is currently underway on the 3rd and 5th floors of the county courts building to create new chambers. During this process, some shuffling has been and will continue to be required. The plan is to move Magistrate Phyllis W. Brown to Hearing Room “A.”
ANNUAL MEMORIAL SERVICE
Judge Jakubowski said that the Court is required to revisit and update its Differentiated Case Management plans in civil and family matters by March 1, 2017. Town Hall style meetings have recently been held to invite comment from the bar and to address scheduling, trial and settlement court procedures. Other news included the hiring of Jonathan Fee of Colorado for the new position of Criminal Case Manager and a 25%35% decline in jury trial prayers. The return to same day jury trials may explain the drop-off. The E-warrant system is in place and now working.
The Annual Memorial Service to honor members who have passed away in the last year will be held on Thursday, November 17, 2016. The service will begin at 3:30 p.m., in Ceremonial Courtroom No. 5, Old Courthouse, Second Floor, 400 Washington Avenue, Towson. Members to be honored include:
Robert William Cannon Robert Edward “Boz” Joy Judge I. Marshall Seidler Charles E. “Chuck” Brooks Roland R. Bounds, BCBA Past President 1980 Judge Frank E. Cicone Judge John P. Rellas C. Stephen Basinger W. Michael Seganish C. Victor McFarland, BCBA Past President 1983 A lite fare and cash bar reception will be held immediately following the Memorial Service at Café Troia, 31 Allegheny Avenue, Towson. Please consider making a financial contribution for the reception. Donors will be acknowledged on the Memorial Service Program. Checks payable to BCBA should be mailed to the Bar Office. Thank you for your generosity.
Judge Dorothy J. Wilson gave the report for the District Court Bench. Judge Wilson was appointed Administrative Judge for the Baltimore County District Court on August 1, 2016 after Judge Alexandra N. Williams’ retirement. Judge Wilson reported that the District Court bench is at full strength following Governor Hogan’s recent appointments of Keith D. Pion and Lisa A. Phelps. She anticipates that Judges Pion and Phelps will begin sitting in Catonsville. In the not-too-distant future, there will be a Mental Health Docket coming to the District Court. Details are still being finalized, but it is anticipated that Judges Tirabassi and Wyman will lead the effort. Judge Will Somerville of the Office of Administrative Hearings relayed that a current judicial vacancy within OAH has attracted 160 candidates. Interviews will begin in November. Circuit Court Clerk Julie Ensor announced (with a smile) that her office is almost fully staffed with the processing of Civil matters being current, while orders in Family matters are up to date and pleadings just two days behind. As the customer service windows are now Continued on page 11
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BENCH/BAR COMMITTEE REPORT Continued from page 10 Mr. Shellenberger said that this process is in its infancy and its expansion will require increased staffing. As an example, he said that over the recent Labor Day weekend more than 40 hours of video had to be reviewed by two of his staff. This involves “shielding” certain material from being viewed and tagging the video with annotations. Shielded material includes, for example, a victim’s address and telephone number, depictions of other patients in a hospital setting and juveniles. Viewers of a processed video can tell this redaction/shielding has occurred. He shared that one such video showed someone suspected of DUI attempting to make a phone call with his credit card. (I guess the cell phone wasn’t charged, but he was.)
designated either Civil or Family, Ms. Ensor has asked the county for an additional window. Harry Chase requested that a process be instituted to expedite filings by attorneys until such time as a new window is created, since the window designated for Attorneys was lost in the process. Ms. Ensor stated that she would check with her staff and report back to the committee in November with some ideas. State’s Attorney Scott D. Shellenberger reported that he was looking for changes to the rule regarding Ewarrants to accommodate returns and permit other portions of the warrant process via email. He said he is actively educating the public and practitioners on the body camera process, which he called the most complicated issue he has faced as State’s Attorney. He said that dealing with the use of body cameras has proven to be a time consuming process for his staff and the videos have been significantly longer than originally expected. It is also proving to be quite challenging as issues arise regularly. He is working with both his senior staff and the Public Defender’s office in attempting to establish sound policies.
During the meeting we also had an opportunity to hear from Angela J. Silverstein, Chair of the Family Law Committee: Alaina L. Storie, Chair of the Young Lawyer’s Committee; and BCBA President Robert J. Thompson on behalf of the Executive Council. Each recounted programs and activities, both recently concluded and upcoming. Information pertaining to upcoming events is available by viewing the flyers that accompany this edition of The Advocate and the calendar of events available online at www.bcba.org.
District Court Judge Stacy A. Mayer reported her experience hearing a case that involved the use of body camera video. She said that she found the video to be “impactful” and events became “very clear” to her. Prosecutors are using laptops to show the videos and iPads are available for use in District Court cases such as minor traffic that do not involve prosecutors.
Finally, as Election Day rapidly approaches (and none too soon), remember that two of our colleagues, Judges Cox and Keith R. Truffer, are up for re-election.
Christopher W. Nicholson, Mary Roby Sanders & Rebecca A. Fleming of
TURNBULL, NICHOLSON & SANDERS, P.A. are pleased to welcome
Jennifer R. Bowman & Nicole Rush as Associates to their firm. The firm shall continue to concentrate its practice in the negotiation, litigation, arbitration and mediation of Family Law matters. 29 West Susquehanna Avenue, Suite 202, Towson, MD 21204 (410) 339-4100 THE ADVOCATE
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SUCCESSION PLANNING FOR ATTORNEYS by Meredith B. Martin On September 14, 2016, the Estates & Trusts Committee hosted an informative session on Succession Planning for Attorneys. We were fortunate to have as speakers Chester H. Hobbs IV, head of the estate planning, estate and trust administration, tax and bankruptcy departments of Bodie, Dolina, Hobbs, Friddell & Grenzer, P.C.; Lydia Lawless, Senior Assistant Bar Counsel for the Office of Bar Counsel; and Kelsey L. Brown, Staff Attorney for the Office of Bar Counsel. The presentation focused on planning for solo and small firm attorneys. It noted the importance of identifying key actors in an attorney’s estate plan, including a surrogate attorney to close or sell the practice, an acquiring attorney and a personal representative capable of handling the practice as an asset. Although there is no formal requirement to designate a surrogate attorney in Maryland, it is strongly recommended. Planning for death or disability is part of a lawyer’s ethical obligations to
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each client under the Maryland Rules of Professional Conduct. When no succession plan is in place and no one is willing or able to serve, Maryland Rule 16-777 authorizes Bar Counsel to act as “Surrogate Attorney.” However, Bar Counsel has no obligation to continue the practice, collect receivables or make efforts to sell the practice, resulting in a potentially significant loss of value to the deceased attorney’s estate. As part of a comprehensive succession plan, each attorney should identify the key persons to act in the event of the attorney’s death or disability, be sure that business records are organized and accessible, draft and execute estate planning documents (including provisions related to the attorney’s practice) and make arrangements to fund the expenses of closing or selling the practice.
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PROFESSIONALISM ARTICLE by Michael S. Barranco
Lawyers are often asked to estimate the time required to try a case, argue a motion or complete some other courtroom activity. A typical example occurs when the docket is full and the courtroom is crowded. The judge or clerk may ask attorneys to estimate the time required for their matter so the judge can organize the docket in an orderly way, calling preliminary matters requiring less time before more complicated cases. Theoretically, this reduces the time in court for the largest number of people. Sometimes it is difficult to provide a precise time estimate because an unanticipated issue arises. On the other hand, the judge cannot properly organize the docket if, for instance, every matter is estimated to take the proverbial "five minutes" of time. Another example is when the Court is setting a trial date and the attorneys are asked to estimate the number of trial days required. By conventional wisdom, a trial of short duration is likely to be scheduled to occur sooner, while an estimate of a lengthy trial will push the date farther into the future. In both examples, the attorneys should be in the best position to accurately estimate the duration because they know more about their cases than the Court. Sometimes a lawyer may be put in the difficult position of having a client desirous of having the lawyer underestimate or overestimate the amount of time required. This could be because the client wants the matter to take priority over other matters, or because they seek delay. The BCBA Code of Professionalism provides some guidance on this issue. For instance, the Code instructs that while lawyers shall represent their clients zealously, they shall also “exercise independent professional judgment as to the merits of the issue and its appropriate resolution.” With respect to Communications with the Court, the Code provides that lawyers should “be mindful of time constraints when requesting hearings, and shall attempt to schedule lengthy proceedings well in advance.” Furthermore, communication between lawyers is to be “candid and honest.” Similarly, the Maryland Rules of Professional Conduct require that a “lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client” (Rule 3.2, Expediting Litigation). Moreover, a lawyer shall not knowingly make a false statement of fact to the Court (Rule 3.3, Candor Toward the Tribunal). Even in the absence of rules and aspirational code, it is easy to see that a lawyer who routinely underestimates or overestimates the duration of hearings or trials will develop a reputation with the Court (and other lawyers) as being unreliable, while the lawyer who is professional and provides accurate estimates will come to be trusted.
The Professionalism Committee requests nominations from Bar Association members for the annual recipient of the J. Earle Plumhoff Professionalism Award, which will be presented at the Annual Black Tie Banquet on January 26, 2017. Nominations should be sent to the Bar Office. A description of the Award criteria, past recipients, and Nomination Form can be found on pages 12-13 of this issue.
Deadline for submission is November 10th . THE ADVOCATE
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INVESTITURE OF JUDGE KEITH D. PION by Michael S. Fuller
On October 6, 2016, family, friends and colleagues gathered in Ceremonial Courtroom Number 5 for the investiture of Keith D. Pion as a judge of the District Court of Maryland for Baltimore County. Administrative Judge Dorothy J. Wilson presided over the ceremony, joined by District Court Chief Judge John P. Morrissey and Judge Marsha L. Russell. Elected officials and members of both the Baltimore County District and Circuit Court benches (currently sitting and retired) also attended.
Judge Wilson began by relaying Judge Pion’s charming yet completely unrealistic request that the ceremony not be all about him. She recognized his family, including his wife, parents, daughters, sister, mother-in-law, sister-in-law and brother-in-law. All were beaming with pride.
attorney with Miles & Stockbridge, moved for her husband’s investiture, describing the moment as, “The most thrilling court appearance of my life.” She spoke glowingly of Judge Pion’s dedication to public service and desire to do the right thing. She mentioned his sense of humor and predicted he will use humor when appropriate to ease tense courtroom situations. Judge Wilson recognized Assistant State’s Attorney Joe Dominick to second the motion for Judge Pion’s investiture, and he did so with a combination of humor and sincerity. The two worked closely together at the State’s Attorney’s office and were friends both inside and outside work, even taking a yearly camping trip together with their daughters. Circuit Court Judge Robert E. Cahill Jr. also seconded the motion, joking that he hadn’t been behind a trial table in 16 years. With great enthusiasm he described his time on the District Court bench as the best job he ever had, saying, “I loved the District Court!” Having had the opportunity to observe Judge Pion in the Circuit Court for many years, Judge Cahill expressed admiration for his listening skills, thoughtfulness, patience and balance. Judge Cahill offered some words of wisdom, including the advice to be kind, work hard and “When in doubt, shut up.”
After expressing that he was “thrilled” to participate in the ceremony, (perhaps in part because both he and Judge Pion are Redskins fans?) Chief Judge Morrissey summarized Judge Pion’s legal career. Most recently, Judge Pion served as an Assistant State’s Attorney for Baltimore County. Over his 13 years in that office, he worked his way from the District Court Division to the Felony Trial Team, then served as a member of the Crimes Against Children Unit before his final promotion to Chief of the Juvenile Division. Before becoming an ASA, Judge Pion served as a Judge Advocate General for the United States Air Force, attaining the rank of Captain before being honorably discharged. Judge Pion graduated from The Catholic University of America, Columbus School of Law. Next, Judge Pion’s wife Angela Whittaker-Pion, an THE ADVOCATE
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INVESTITURE OF JUDGE KEITH D. PION Continued from page 16
After Circuit Court Clerk Julie Ensor administered the oath of office, Judge Pion’s parents Barbara and Sydney Pion robed him. Finally, his daughters, Madeleine, age 10, and Amelia, age 7, escorted Judge Pion to the bench. From the bench, Judge Pion thanked his supporters – especially his wife Angi - for faith and encouragement. He acknowledged the tremendous honor and responsibility that will accompany this new chapter in his life and vowed to be respectful, fair and honest as he strives to always do what is right. The ceremony concluded with thunderous applause. The party then moved to Valley Country Club for a reception and the opportunity to congratulate Judge Pion in person. Mark W. Crooks, Deputy Legal Counsel, Office of the Governor, spoke on behalf of Governor Lawrence J. Hogan Jr. and described the lengthy, thoughtful process behind this appointment. Governor Hogan had an impressive list of 18 applicants to choose from. In Judge Pion, he found someone with a military background who received the Air Force Meritorious Service Medal, and a strong commitment to public service including work with the Wounded Warrior Project. Governor Hogan was especially impressed with the diversity of Judge Pion’s supporters, a group including advocates both inside and outside the legal community. These numerous supporters offered heartfelt and positive comments on behalf of Judge Pion, emphasizing his strength of character and humanity. Judge Russell responded on behalf of the District Court bench. She complimented Judge Pion’s patience, compassion, dedication and commitment to doing his job well. She also could not help but mention a passion for his job as an Assistant State’s Attorney, which sometimes resulted in lengthy arguments no matter how crowded the criminal docket and led to his colleagues in the State’s Attorney’s office coining the phrase “Pioning the docket.” Baltimore County Bar Association President Robert J. Thompson presented Judge Pion with his robe. Mr. Crooks read the commission from the Governor.
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All photographs taken at Judge Pion’s Investiture by the BCBA can be viewed by using this link: https://my.forever.com/shared/albums/ eSEIG12SFnI. You can download and/or print photos from the link, as well. If interested, take a few minutes to create a free account with www.forever.com, linking it the Baltimore County Bar Association as your “Ambassador.” Forever is an affordable, guaranteed, permanent cloud storage solution for photographs and documents. More information on Forever can be found on page 29 of this issue.
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Deadline for submission is November 10th .
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BODY-WORN CAMERAS by Andrew M. Battista On October 15, 2016 Baltimore County State's Attorney Scott Shellenberger described to the Criminal Law Committee of the Baltimore County Bar Association the use of body cameras by the Baltimore County Police Department and how the video and audio from those cameras are being used by prosecutors and defense attorneys. The substance of the presentation follows. (L-R) Capt. Joseph Conger of the BCPD, Judge Keith Pion, State’s Attorney Scott Shellenberger and Andy Battista
victims who are in potentially compromising situations, such as domestic violence victims, hospitalized victims, etc. Officers will be required to advise the people they are speaking with that the body cameras are in use. Mr. Shellenberger said he anticipates his office staff will grow by 10-15 people to handle the influx of data from the body cameras and related discovery. A portion of his staff will be reviewing the body camera output and pixilating the faces of passersby, victims or witnesses who are partially clothed or otherwise depicted inappropriately. Discovery should be relatively streamlined. Mr. Shellenberger provided a list of websites that will have body camera information along with web addresses for the applicable Police Department policies, the District Court’s discovery site and the website for Taser. Circuit Court discovery will remain roughly the same for now. Body camera evidence will also have civil applications. The body camera evidence will be retained for 18 months in ordinary traffic investigations by the police which may be helpful in car accident cases to document crash scenes and witness statements.
Approximately 150 body cameras are currently in use by the Baltimore County Police Department and that number will grow monthly until all first responders are camera equipped. The cameras are being purchased from the Taser Company (so "don’t tase me bro’ " can now refer more than one application of Taser products.) The cameras are being mounted on the side of the officers’ glasses, on their collars or on their shoulders. Cameras are activated by a belt mounted button when the officers are in the field and automatically when officers are in their vehicles and the siren is turned on. The cameras will be continuously filming and be able to go back 30 seconds before activation with video alone. Officers have discretion to turn off the cameras with witnesses who do not wish to be on camera or THE ADVOCATE
Body camera evidence is likely to become an everyday aspect of the prosecution and defense of criminal cases in Baltimore County over the next few years. The Criminal Law Committee anticipates doing more presentations on this area after we have had an opportunity to see how it works in court. Links to all handouts from this presentation can be found at: http://www.bcba.org/criminal-lawcommittee/.
Next Program: Monday, November 28, 2016, 5 p.m. in the Grand Jury Room for a presentation by Judge Joseph F. Murphy Jr. on Recent Developments in Maryland Law. Registration (and flyer) are available at www.bcba.org.
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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 Legislative Session on October 17, 2016, the County Council passed legislation related to potential Solar Farms in Baltimore County. Bill 68-16 – Solar Farms – Baltimore County law does not currently regulate solar farms, or any form of commercial enterprise that places solar energy systems or solar collectors on a parcel of land for the purpose of generating electric power. A case before the Office of Administrative Hearings resulted in an administrative
decision that determined that commercial solar farms may be located in the rural areas of the County, in certain Resource Conservation (R.C.) zones, by special exception, as a “public utility.” Notwithstanding this decision, there are currently no specific provisions in the Zoning Regulations pertaining to solar farms, nor any definitions related to the term “solar farm.” Bill 68-16 imposes a 4-month moratorium on the issuance of any authorization for the location of a solar farm or other type of solar facility in an R.C. (Resource Conservation) Zone until February 17, 2017. The Bill recites that, notwithstanding the presumed benefits of solar energy, the Council believes that a study of the land use impact of solar farms should be conducted before they are authorized, whether as a public utility or otherwise, and that consideration should be given to the impact that a solar farm may have upon the County’s land use policies, as well as the impact upon surrounding residential communities. The Bill also recites that it is necessary for the public health, safety and welfare to impose a temporary moratorium on the issuance of any form of authorization for a solar farm or solar facility for a period of 4 months, pending the completion of a study and legislation by the County Council. The moratorium does not apply to: 1) The installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property; or 2) A solar project on federal, state, or local government-owned land that produces energy for government use. The moratorium would also not apply to any application for approval of a solar farm in an R.C. Zone that was filed on or before October 17, 2016.
SAVE THE DATE flyer can be found on page 15 of this issue. Please mark your calendar for BCBA events held throughout the year. THE ADVOCATE
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CRIMINAL LAW UPDATE by Robert C. Lidston The October Amicus Curiarum features three Court of Special Appeals decisions which maybe helpful to practitioners. State v. Dixon, No. 2781, September Term 2015, filed September 30, 2016 (opinion by Berger, J.). Dixon was arrested and charged with first and second degree murder. He was incarcerated in the general prison population while awaiting trial. While incarcerated, he was assessed by a mental health clinician. Dixon said that he was depressed and anxious and that his sleep was interrupted. He had stopped taking his prescribed psychiatric medications. His family said that he minimized his mental health issues and was paranoid about police, correctional officers and court proceedings. His wife said that he had become increasingly paranoid just before his arrest and was experiencing auditory hallucinations. A circuit court judge ordered the Maryland Department of Mental Health and Hygiene to examine Dixon to assess his criminal responsibility and competency to stand trial. A psychologist performed an initial evaluation and asked for 60 additional days to conduct a more extensive evaluation. That psychologist had made arrangements with the Pretrial Evaluation Unit of the Clifton T. Perkins Hospital Center for additional evaluation. The judge found good cause to extend time for the examination. The judge issued two orders. The first order extended the time for Dixon’s competency evaluation and, finding that the severity of his mental disorder would cause him to be endangered by confinement in a correctional facility, required Dixon to be moved to Perkins where he was to be "admitted as an inpatient and remain hospitalized until further order of the court." The second order extended the period for Dixon’s criminal responsibility examination and also required his immediate transportation to Perkins. The court then issued a clarifying order that Dixon was to be transported to Perkins for admission and treatment and that he was to remain there until further order of the Court. Eventually, the Department concluded that Dixon was not competent to stand trial. THE ADVOCATE
The Department filed an appeal challenging the first two orders. It questioned whether the circuit court had violated the plain language of Maryland Criminal Procedure subsections 3-105 and 3-111. Dixon filed a motion to dismiss the appeal, arguing that his competency evaluation had been completed and the question was, therefore, moot. The Court of Special Appeals affirmed the circuit court orders. It first decided that the issue was not moot. It then concluded that the plain language of Criminal Procedure subsections 3-105 and 3-111 grants the circuit court considerable discretion to dictate the conditions of a defendant’s confinement while awaiting and undergoing psychiatric evaluation. When the court determines that a defendant, because of the severity of mental disorder, would be endangered by remaining in a correctional facility, the court may order that the Department "confine the defendant, pending examination." There was no error in the circuit court’s deciding that Dixon needed to be confined to a psychiatric facility for his own safety. Perkins was the facility expressly identified by the Department’s psychologist as the appropriate venue for Dixon’s evaluation. It was the only secure mental facility in the State that the Department has designated to receive patients who have been accused of felonies. Shiflett v. State, No. 2198, September Term 2014, filed September 28, 2016 (opinion by Nazarian J.). Shiflett was charged with first degree murder and related crimes. At trial, he conceded that he had killed the victim but disputed that it was premeditated. His defense attorney tried to introduce evidence of his untreated mental illness, but that failed. The attorney then tried to use evidence of Shiflett’s psychiatric disorders to demonstrate that Shiflett was not competent to stand trial. After a midtrial competency hearing, Shiflett was found competent, and evidence of his psychiatric disorders was ultimately not admitted into evidence.
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CRIMINAL LAW UPDATE Continued from page 22 Before and throughout the trial, Shiflett behaved in a disruptive and threatening manner. He consistently used angry, vulgar, and violent language with the court, and repeatedly threatened the judge and the State’s Attorney. He was permitted to be in the courtroom unrestrained during jury selection, but after he tried to force his way into the judge’s chambers, the judge ordered him to wear a stun cuff if he wanted to remain in the courtroom during the trial. Shiflett refused to wear the cuff and the trial continued while he remained in the lockup with a video and audio hookup to follow the proceedings. Shiflett was found guilty by the jury of first degree premeditated murder and other charges. At his sentencing hearing, Shiflett moved for a jury sentencing, but the court denied his motion and sentenced him to life in prison without parole. Shiflett appealed, arguing that the trial court abused its discretion by ordering him to wear a stun cuff and then proceeding in his absence when he refused to wear it. The Court of Special Appeals affirmed the convictions. It held that the trial court did not abuse its discretion when it conditioned Shiflett’s presence in the courtroom on his agreement to wear a stun cuff after it found that he posed a threat to courtroom security. Although the Sixth Amendment guarantees a defendant the right to be present during every stage of trial, a defendant who engages in conduct that justifies exclusion from a courtroom waives that right. COSA noted that trial in absentia is appropriate only in the extraordinary case and after careful consideration of the situation by the trial court. Shiflett’s violent and erratic behavior justified the court’s removal of him and the setting of conditions for his return. COSA decided that requiring Shiflett to wear a stun cuff was a reasonable condition of his reentry to the courtroom. State v. Newton, No. 1751, September Term 2015, filed September 30, 2016 (opinion by Graeff, J.). Newton was indicted for attempted murder. His first trial ended in a mistrial due to problems with juror absences and scheduling conflicts. During the time between the first and second trials, defense counsel THE ADVOCATE
questioned members of the first jury and discovered that they were 10 to 2 for acquittal. At the end of Newton’s second trial, after losing one alternate juror, the judge recommended, and both parties agreed, to allow the remaining alternate juror to go into the jury room while the other twelve jurors were deliberating. The alternate was instructed not to participate in the deliberations. Newton was convicted by the original 12 jurors. During postconviction proceedings, defense counsel stated that he agreed to the alternate’s presence during deliberations because he thought there was a "significant chance" of an acquittal. He wanted to be sure that the second trial did not result in another mistrial, and he "saw no harm and only good coming from the decision to allow the alternate to be present." There was a finding of ineffective assistance of counsel. The issue before the Court of Special Appeals was whether the defense counsel’s decision to allow an alternate to go into the jury room during deliberation constituted an ineffective assistance of counsel or whether it was a valid tactical decision. COSA decided that there was no ineffective assistance of counsel. Stokes v. State, 379 Md. 618 (2004) holds that it is error to send an alternate juror into the jury room during deliberations, even with instructions not to participate. If the defense attorney objects, prejudice will be presumed on appeal. Stokes did not hold, however, that a defendant cannot, for tactical reasons, agree to allow an alternate to sit in the jury room during deliberations. Ramirez v. State, 178 Md. App. 257 (2009) holds that a defendant waives his complaint regarding prejudice due to the presence of an alternate by failing to raise his claim in the trial court. Permitting an alternate to be present in the jury room during deliberation does not automatically entitle a defendant to a new trial. In Newton’s case, the defense attorney’s not objecting to the alternate juror remaining in the jury
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CRIMINAL LAW UPDATE Continued from page 23 room during deliberations was a matter of strategy, even if not sanctioned by law. It was a strategy that could have worked to the benefit of his client. Such a strategic decision is not automatically ineffective assistance of counsel. To adopt a rule that a decision based on a misunderstanding of the law is per se ineffective assistance of counsel, even if it is a wellreasoned tactical decision under the facts, would put a defendant in a "heads I win; tails you lose" situation. An accused could take a position at trial
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that has the potential to be beneficial, and if it did not work out, he could get a new trial on the ground that it was not a valid tactical decision. Counsel in Newton’s case made a tactical decision that he reasonably believed could be beneficial. Counsel’s conduct fell within the wide range of reasonable professional assistance. Newton did not receive ineffective assistance of counsel.
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M
ark your calendars now!
The BCBA Stated Meetings will be held at 4:30 p.m. in Ceremonial Courtroom No. 5 on Thursday, February 16, 2017; and Thursday, June 22, 2017. The Annual Reception will be held immediately following the June meeting.
Conference of Bar Presidents September 29 - October 1, 2016 Lancaster Marriott, Lancaster, PA
The Baltimore County Bar Association was well represented at the MSBA Conference of Bar Presidents, by (L-R) Judge Keith R. Truffer, Michael W. Siri, Judge Vicki Ballou-Watts, Stanford G. Gann, Jr., Judge Barbara K. Howe, and BCBA President Robert J. Thompson. Also in attendance were Judge Alexandra N. (Sandy) Williams and BCBA Executive Director Doris Barnes. Many other BCBA members attended, as members of the Board of Governors, Young Lawyers Summit and Leadership Academy.
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Committee News FLYERS for all programs can be viewed and printed from the BCBA website calendar (www.bcba.org). You can also elect to make a voluntary donation during any registration process to this year’s designated charity—The Women’s Law Center. In advance, thank you for your generosity!
CLE COMMITTEE
ESTATES & TRUSTS COMMITTEE
December 6, 2016, Noon, Cyber Security-Hacking and Wire Fraud, presented by Thomas Auth, Esquire of Minnesota Lawyers Mutual
November 9, 2016, 5 pm, Income Tax Considerations in Estate Administration December 6, 2016, 5 p.m., Estate Planning with Retirement Benefits
Practice Marketing Strategies, presented by David Kelly and The Growth Coach of Greater Baltimore Magical Mystery Tour of the Circuit Court Clerk’s Offices,. A walking tour and overview presented by Circuit Court Clerk Julie Ensor.
January 18, 2017, 12 p.m., Inheritance Tax Roundtable February 28, 2017, 5 p.m., Abel Accounts
Where Have All the Assignment Offices Gone? A walking tour of the new location in Mezzanine 08, and brief overview of each office: DCM, Civil, Central and Criminal Assignment.
March 21, 2017, 5 p.m., Recent Developments in Estate Administration
CRIMINAL LAW COMMITTEE
May 24, 2017, 5 p.m., Annual E&T Dinner
November 28, 2016, 5 p.m., Evidence, presented by (Ret) Judge Joseph F. Murphy Jr.
June 21, 2017, 5 p.m., Legislative Update with Register of Wills Grace Connolly
February 9, 2017, 5 p.m., Cars, Cops & Stops, presented by Prof. Byron L. Warnken
FAMILY LAW COMMITTEE
April 26, 2017, 5 p.m., Diminished Capacity
November 1, 2016, Active Addiction: How can we help our clients help themselves?
March 7, 2017, 5 p.m., Post-Conviction Services: Home Detention, SCRAM Monitoring, Inter-Lock, Re-Entry Programs, Residential Rehabilitation Programs, Bail Bonds, etc. Sponsored Happy Hour at CVP
November 14, 2016, Family Recovery Court December 1, 2016, Tips, Tricks & Insights for the Family Law Attorney Scrutinizing Tax Returns
May 7, 2017, 5 p.m., Administrative Hearings, presented by Neil Jacobs.
LAW DAY COMMITTEE
ENTERTAINMENT COMMITTEE
The 14th Amendment: Transforming American Democracy
December 1, 2016, 5 p.m., Annual Holiday Party
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May 1, 2017, 7:30 a.m., Breakfast at DLA Piper. Speaker: Judge Paul W. Grimm
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Committee News Noon Ceremony & Awards, Ceremonial Courtroom No. 5, Towson Nominations for the Law Day Award and Judith P. Ritchey Award must be submitted by March 1, 2017. Criteria and more information can be found in the Committee Report area of the BCBA website.
LAWYER REFERRAL & INFORMATION SERVICE
service. Thank you. This committee will meet on August 22, 2016, 5 p.m. in the Grand Jury Room.
Negligence, Insurance & WC Committee November 16, 2016, 5 p.m., Liens March 9, 2017, 5 p.m., Workers’ Comp 101 & Vocational Rehabilitation May 16, 2017, 5 p.m., Medical Malpractice Cases/ Opening Arguments
Please note that the 2016-2017 Lawyer Referral & Information Service (LRIS) renewal information is now available. Click here to open and print out the application. If you are a current member, you must renew each year. If you are not a member of LRIS and wish to join, now is a great time! Contact Rachel Ruocco at 410-337-9100 or rachel@bcba.org if you have any questions about LRIS.
MEMORIAL & RECOGNITION 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. Those members who will be honored at this year’s service on November 17, 2016, at 3:30 p.m., include: Robert William Cannon Robert Edward “Boz” Joy Judge I. Marshall Seidler Charles E. “Chuck” Brooks Roland R. Bounds, BCBA Past President 1980 Judge Frank E. Cicone Judge John P. Rellas C. Stephen Basinger W. Michael Seganish C. Victor McFarland, BCBA Past President 1983
PROFESSIONALISM COMMITTEE This committee will meet at 5 p.m. on the following dates: November14, 2016 @ Proctor & McKee December 12, 2016, via conference call J. EARLE PLUMHOFF PROFESSIONALISM AWARD, to be presented at the Annual Black Tie Banquet on Thursday, January 26, 2017. Nominations will be accepted through November 10, 2016. The award criteria and a list of prior recipients can be found on the BCBA website, Professionalism Committee Report. April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
PUBLIC AWARENESS & SPEAKERS COMMITTEE Civics & Law Academies, 8:30 a.m. - 2 p.m., November 4, 2016, CCBC Owings Mills March 31, 2017, CCBC Catonsville
If you know of any other BCBA member who passed away (prior to August 1, 2016), please advise Doris Barnes immediately, so they can be included in the
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If interested in teaching opportunities next year (2017-18), please email Doris Barnes (doris@bcba.org) and ask to be advised when dates are selected. Prepared PowerPoint presentations provided for each class.
November 2016
Committee News YOUNG LAWYERS COMMITTEE November 10, 2016, 5-7 p.m., Joint Happy Hour with BABC Young Lawyers, Ryleigh’s Oyster, 1225 Cathedral Street, Mt. Vernon. December 8, 2016, Noon-2 p.m., Annual Holiday Lunch & Toy Drive. The toy drive and proceeds from this event will be donated this year to CASA of Baltimore County!
February 15, 2017, 5:30-7:30 p.m., Magistrate Panel Discussion: Understanding Expectations of Family Law Practice, Circuit Court for Baltimore County, County Courts Building, Towson April 2, 2017, 2-6 p.m., Annual Bull & Oyster Roast, Towson American Legion April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
February 8, 2017, 4 p.m., New Admittees SwearingIn Ceremony, Circuit Court for Baltimore County
Flyers included in this issue: Pg. 7 - November 10, Young Lawyers Happy Hour Pg 9 - December 1, Annual Holiday Party Pg. 12 - December 8, Young Lawyers Holiday Lunch
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BAR FOUNDATION REPORT JUDICIAL PORTRAITS by John B. Gontrum
Your help is still needed in assisting the Foundation in funding the portraits of several deceased Circuit Court Judges. The Baltimore County Bar Foundation exists as an independent charitable organization with missions to foster and maintain the honor and integrity of the profession of the law; to improve and to facilitate the administration of justice; to enhance and improve the image of lawyers; and to promote the study of the law and research therein, and the diffusion of knowledge thereof.
Protect your personal and organization’s photographs forever. Guarantee they will be in a retrievable format 10, 20, 50+ years from today. The “free” services are a gamble not worth taking, since they own your photographs, and can remove them at any time. What would you do if you logged on, only to find them all gone?! Email forever100plus@gmail.com for more information on how to protect your legacy. THE ADVOCATE
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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CIVIL LAW UPDATE by Cecilia B. Paizs Review of the Amicus Curiarum for August 2016 revealed the following civil cases of interest:
Santo v. Santo, No. 89, September Term 2015, filed July 11, 2016. (opinion by Adkins, J.)
THE COURT OF APPEALS:
Father and Mother divorced in 2011 and the parties constantly battled over custody of their two sons. In 2013, custody was modified to have provide for a parent coordinator. The parties continued to file motions related to custody. Father filed a motion for sole custody to protect the children, which was denied. However, the court did preserve the joint custody arrangement with tie breaking authority to each parent on different matters. The Court of Special Appeals affirmed.
Conover v. Conover, No. 79, September Term, 2015, filed July 7, 2016. (opinion by Adkins, J.) Michelle and Brittany Conover were in a relationship prior to the legalization of same sex marriage. In 2009, they decided to conceive a child through artificial insemination, using a donor sperm and Brittany's egg. Brittany carried the pregnancy and in April 2010, their son Jaxon was born. The parties married in the District of Columbia in December 2010 when same sex marriage was legalized. In September 2011, the parties separated, and Michelle visited with Jaxon regularly and had overnight visits and weekend access. In July 2012, Brittany prevented Michelle from continuing to visit Jaxon. And in February 2013, Brittany filed a Complaint for Absolute Divorce, stating that there were no children of the marriage. Michelle filed an Answer and later a Counter-Complain in which she requested visitation rights with Jaxon. The trial court held that Michelle did not have parental standing as she did not meet the definition of "father" under ET Section 1-208(b), was not biologically related and Jaxon was not a child born during a marriage, leading to the presumption that the child is of both spouses. As a third party, Michelle did not have standing to contest custody or visitation, but had to show that Brittany was unfit or that exceptional circumstances existed to overcome the biological mother's constitutionally protected interest in the care and control of her child. The court found Brittany to be a fit parent and that there were no exceptional circumstances. The Court of Special Appeals confirmed, holding that the Court of Appeals prior ruling in In re Janice M. held that Maryland did not recognize de facto parents. The Court of Appeals reversed, overturning their previous finding in Janice M. The Court adopted the multi-part test articulated by the Wisconsin Supreme Court for determining whether one is a de facto parent, and decided that after applying this multi-part test, Michelle should be considered a de facto parent. THE ADVOCATE
The Court of Appeals affirmed, denying Father's argument that in order to grant joint legal custody the parties are required to communicate effectively. Father contends that it was an abuse of discretion for the Circuit Court to grant an award of joint custody to parents who clearly could not communicate effectively. Father further argued that the tiebreaking provisions were inconsistent with Maryland law and the decision in Taylor v. Taylor, 306 Md. 290 (1986). The Court held that the tie-breaking provisions required the parties to decide together matters affecting their children, when and only when the parties are at an impasses after deliberating in good faith does the tie-breaking provision permit one parent to make the final call. The tie-breaker parent cannot make the final call until after weighing in good faith the ideas the other parent has expressed regarding their children. The Court determined that the trier of fact's determination was predicated on its thorough review of the Taylor factors, deliberation over custody award options, sober appreciation of the difficulties before it, and use of strict rules including tie-breaking provisions to account for the parties' inability to communicate. Therefore there was no abuse of discretion. Kiriakos v. Phillips, No 20, September Term, 2015; Dankos, et al. v. Stapf, No. 55, September Term 2015, filed July 5, 2016. (opinion by Adkins, J.)
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CIVIL LAW UPDATE Continued from page 30 In each case, an adult allowed an underage party to drink to intoxication in the adult’s home and then drive. In one case, a teenager in the bed of the truck driven by the intoxicated teenager was killed when the truck crashed. In the other, the intoxicated teenager struck and caused life-threatening injuries to a pedestrian. The trial court in each case did not find a duty on the part of the adult. The Court of Special Appeals affirmed. The Court of Appeals reversed, holding that in both cases, there exists a limited form of social host liability sounding in negligence. This was based on the strong public policy that only exists when the adults in question act knowingly and willfully. The knowing and willful requirement removes any issue of contributory negligence on the part of the underage drinker in relation to his claim against the adult, even though the cause of action otherwise sounds in negligence. CR § 10-117(b) seeks to prevent harm to underage persons as the result of their consumption of alcohol which is repeatedly expressed in the legislative history for this statute. In the both cases, the Court concluded that the social host defendant knowingly and willfully allowed a member or members of the protected class under CR § 10-117 to consume alcohol on the host's premises in violation of the statute, and subsequently that member or a third party is injured, if the violation of the statute substantially contributed to the diminution of the underage person's ability to act in a reasonable manner, it can be found to be a substantial factor in bringing about the harm to the underage person or to a third party. In the legal causation step of the analysis, the Court examined "whether the actual harm to a litigant falls within a general field that the actor should have anticipated or expected.” The Court saw little difference in principle between liability for giving a car to an intoxicated youth and liability for giving drinks to a youth with a car. After examining the factors involved here of (1) foreseeability of harm, (2) degree of certainty that the Plaintiff suffered the injury, (3) closeness of the connection between Defendant's conduct and the injury suffered, (4) moral blame attached to the Defendant's conduct, (5) the policy of preventing THE ADVOCATE
future harm, (6) extent of the burden on the Defendant and consequences to the community of imposing the duty. The public policy underlying the statute is applicable in both cases, although the reasoning differs: Underage persons are not solely responsible for drinking alcohol on an adult's property because they are not competent to handle the effects of this potentially dangerous substance. Therefore, the adult's decision to allow an underage person to consume alcohol places that person, and not the underage person, in the responsible position. Spangler, Et al. v. McQuitty, et vir., No. 69 September Term 2015, filed July 12, 2016. (opinion by Hotten, J.) The McQuitty's son, Dylan, was born with cerebral palsy as a result of complete placental abruption, which the McQuitty's contended were the result of Dr. Spangler's OB/GYN treatment of Ms. McQuitty during the pregnancy. The McQuittys brought a successful personal injury suit against Dr. Spangler and his practice group. In September 2009, Dylan died as a result of his injuries. In May 2012, the McQuitty's sued Dr. Spangler and his practice group for wrongful death. Dr. Spangler and his practice group filed a Motion to Dismiss, which the Circuit Court granted, concluding that the judgment entered in Dylan's previous matter precluded the wrongful death action, and that since Dylan no longer had a right to bring another claim, the McQuittys no longer have that right as well. The Court of Special Appeals reversed, holding in relevant part that a claim for wrongful death under the applicable statute created a new and independent cause of action for a decedent's beneficiaries, and thus a successful judgment in Dylan's personal injury action did not bar a subsequent wrongful death action. The Court of Appeals affirmed, holding that Maryland has historically adhered to the minority view that the wrongful death statute creates a new and independent cause of action, distinguishable
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CIVIL LAW UPDATE Continued from page 31 from the decedent's own personal injury action during his lifetime. THE COURT OF SPECIAL APPEALS: Berg v. Berg, No. 624, September Term 2015, filed June 2, 2016. (opinion by Salmon, J.) Husband and Wife obtained a divorce, and Wife was awarded $450,000 which was reduced to a judgment in favor of the Wife. Husband made periodic and inconsistent payments, but never paid the award in full. In August 2012, Wife sought a garnishment against Husband for the unpaid portion. Wife produced a worksheet showing the applications of the payments by Husband, which she had applied to interest first and then principal. Husband objected, contending that all payments should have been applied to the principal. After an evidentiary hearing to determine the outstanding balance Husband owed on the judgment, the trial court held that all payments made before August 17, 2012 should have been exclusively applied to principal, and all payments made thereafter should be applied to the payment of interest first and principal second. Wife noted an in banc appeal. Husband argued that since no trial was held, there is no jurisdiction in an in banc panel. The in banc panel disagreed as to the jurisdictional issue and ruled that all payments on the judgment should be credited "first to interest and then to principal.” The Court of Special Appeals affirmed the in banc determination. The Court noted that the constitutional meaning of "trial" is 'that step in an action by which issues or questions of fact are decided." Therefore, because the issue decided by the in banc panel related to what had been decided at an action by which the issue was decided, the in banc panel had jurisdiction to decide the issue.
witnesses on page 6. The will left cash to three people, including Darlene Barclay, and the rest and remainder to Ms. Castruccio if she had made and executed a will prior to Dr. Castruccio's death. If she failed to do so, the rest and residue would go to Ms. Barclay. Ms. Castruccio challenged the probate of the will, claiming that the pages of the probated will were not physically attached, relying on Shane v. Wooley, 138 Md. 75 (1921) which upheld the invalidation of a one page will because the witnesses signatures did not appear on the document itself or on a document that was physically attached to it. The circuit court denied Ms. Castruccio's cross-motion for summary judgment and granted the Estate's motion for summary judgment on the single issue of attestation. The court, assuming for argument’s sake that the pages of the will were not attached at the time of the signing, decided nonetheless that the evidence showed the testator intended for all six pages to comprise a single document. Further, the court rejected Ms. Castruccio's argument that Barclay’s destruction of a flash drive that "might" have contained a file relevant to the will warranted sanctions against Barclay for spoliation of evidence and furnished a basis to deny the Estate’s motion for summary judgement. The Court of Special Appeals affirmed, agreeing with the trial court's rejection of Ms. Castruccio's broad reading of Shane, holding that Shane governs cases in which a witness signs a document other than the will itself. In this case the witnesses' signatures appear on the last of six consecutively-numbered pages in a document that, based on its pagination and topic itemization, was unmistakably intended to contain six and only six pages. Therefore, Ms. Castruccio failed to meet the burden of producing evidence sufficient for a reasonable trier of fact to conclude that Dr. Castruccio's will had not been validly executed.
Castruccio v. Estate of Castruccio, e al. No. 1665, September Term, 2014, filed July 28, 2016. (opinion by Arthur, J.) Dr. Castruccio prepared a six page will, which bore his signature on page 5 and the signatures of three THE ADVOCATE
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Baltimore County Circuit Court Law Library News & Tips NEW DISK The Law Library added an update to the forms disk Drunk Driving Defense from Wolters Kluwers. The library holds hundreds of form disks available for lending. More information about our lending policy as well as a link to our complete collection of disks can be found at http://www.baltimorecountymd.gov/Agencies/ circuit/library/emedia.html. MARYLAND CRIMINAL PATTERN JURY INSTRUCTIONS The Law Library’s print version of the Maryland Criminal Pattern Jury Instructions is updated with the 2016 supplement. NEW MICPELS 2016 Advanced Business Law Institute 2016 Advanced Estate Planning Institute Document Drafting for the Family Law Practitioner Evening Series Effective Mediation of Commercial, Insurance and Other Multi-Issue Disputes Employment Law Institute 2016 Hot Topics in Elder Law 2016 Hot Tips in Family Law 2016 Hot Tips in Workers’ Compensation Personal Injury Claims in Bankruptcy Practical Approaches to Guardianship Representing Children in the Juvenile Court
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Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns
Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family
WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL
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443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291
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Signature Sponsors
LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions. If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org. Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410-337-9103).
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.
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Flyers included in this issue:
Paul E. Alpert, Retired Judge Available for Mediation and Arbitration
Pg. 7 - November 10, Young Lawyers Happy Hour
Former Judge of District Court, Circuit Court and Court of Special Appeals
Pg 9 - December 1, Annual Holiday Party Pg. 12 - December 8, Young Lawyers Holiday Lunch
410-484-2088
BANKRUPTCY—Chapters 7 and 13 1-800-BANKRUPT Law Office of Nicholas J. Del Pizzo, III, P.A. STOP
COMMITTEE REPORTS
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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All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found on the website at www.bcba.org.
November 2016
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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
Professional Office Space
Flyers included in this issue:
In heart of Towson (Washington & Chesapeake Avenues) available for sublet. Use of conference room, waiting area, internet, copier.
Pg. 7 - November 10, Young Lawyers Happy Hour Pg 9 - December 1, Annual Holiday Party
Contact ken@kenpragercpa.com
Pg. 12 - December 8, Young Lawyers Holiday Lunch
410-828-4749
The Conflict Resolution Center of Baltimore County is accepting applications for membership to its Board of Directors. The CRCBC Board of Directors support the health and mission of the organization. Under the Board’s leadership, since 2009 over six thousand people in Baltimore County have benefited from the CRCBC’s conflict resolution and violence prevention services. If you are interested in leading this incredible organization, please obtain and complete an application at: http://crcbaltimorecounty.org/?page_id=19016.
MEMBER ADVERTISEMENTS Towson. Office space available in First-Class Suite directly across from the Towson District Court. Parking, use f conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800. Middle River. Professional space, share office. Use of conference and waiting rooms, copy and fax machine, and internet. Free parking. Available immediately. Contact Jerry at zimlinlaw@comcast.net or call 410-686-1911. Towson. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on individual needs. Contact Adam at 410-823-5003 or adam@spencefirm.com. Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just off Red Run Blvd., near I-795. Contact Andy Hermann at ahermann@LMCPLAW.com or 410-998-1198. Towson. Office space available in a small law firm, perfect for a solo practitioner. Approximate size is 20x15. Furnished office, and comes with desk, credenza and book cases. Use of conference room, waiting room and utilities. Free parking. Rent $650/month. Call 410-321-8368 or email Stephen Dunn at sdunn@sdunnlaw.com.
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