Advocate November 2017

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 5

November 2017

PRESIDENT’S MESSAGE

by Adam Thomas Sampson Each year on the fourth Thursday of November our nation celebrates the holiday known as Thanksgiving. Our BCBA has much to be thankful for. We have a well-respected and collegial association, rich in tradition, known for its social events (think black-ties, gowns, and the throwing of rolls) and CLEs, with a dedication to serving the community. Allow me to provide some examples – past and present – while expressing a “thank you” to the many members who contribute their time to serve the community with no expectation of anything in return.

Let me start with the Civic & Law Academy. Three times a year, the BCBA, in partnership with the Community College of Baltimore County, host the academy at which lawyers and judges teach relevant areas of law and civics to area high school students. Topics include (1) the comparative rights of minors and adults, (2) criminal law due process, (3) voting rights, (4)

freedom of speech, and (5) the impact of technology with regard to freedoms. The first Academy was October 3rd at CCBSDundalk, the second Academy is November 3rd at CCBC-Owings Mills, and the third academy will be December 1st at CCBCOwings Mills.

Participating schools include Eastern, Parkville, Franklin, Owings Mills, Randallstown, Catonsville, Lansdowne, Milford Mill, Woodlawn and Western. Thanks to the many lawyers and judges for your time and effort preparing the leaders of tomorrow.

This month we will also celebrate National Adoption Day on November 18th. Judges Ruth Ann Jakubowski and Sherrie R. Bailey will preside, finalizing 17 adoptions.

Thanks to Judges Jakubowski and Bailey, and our members, who will be celebrating the adoption of these children into loving families.

I also want to highlight the annual Pro Bono Award and Reception

Inside This Edition Annual Sponsors Bench/Bar Report Calendar of Events Civil Law Update Committee News County Council Update Court Notices Criminal Law Update Cyber Security District Ct Assignments Judicial Portrait Fund Pet Picture Contest Professionalism Program Sponsors Save-The-Date Flyer Veteran Mentors Needed YL Thirsty 3rd Thursday

Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg

40 6 3 16 27 23 5 25 10 4 9 14 36 22 8 26 21

H e a l t h Q u e s t C h i r o p r a c t i c & P T , Signature Sponsor THE ADVOCATE

Page 1

November 2017

PRESIDENT’S MESSAGE

SHOW YOUR SOFT SIDE

by Adam T. Sampson, BCBA President

generously hosted by Pessin Katz Law. At this year’s Reception, on October 24th, the Pro Bono Committee presented the Pro Bono Award to Marty Voelkel-Hanssen. Ms. Voelkel-Hanssen is a solo practitioner, who routinely accepts contested family law cases from MVLS and the Women’s Law Center. The reception also honored the many pro bono service providers, including those of the BCBA, Maryland Volunteer Legal Services, and the Women’s Law Center. Thanks to all of you who provide no, or low, cost services to our community.

And, as a reminder, on December 7th, the Young Lawyers Committee will host the annual luncheon to benefit children in Baltimore County who receive services through Baltimore County Court Appointed Special Advocates (“CASA”) program. The YL Committee works hard to obtain donated food and beverage for attendees. Admission is $10 or one new, unwrapped toy. Thanks to the YL Committee and the donors for supporting the children in our community.

The opportunity to serve as President of this dedicated and giving association is truly humbling.

As I said during my installation, the success of the BCBA depends in large measure on the work you do on its behalf. You have much to proud of and as an association we have much to be thankful for.

Adam T. Sampson BCBA President, 2017-2018

Wine & Whiskey Glasses Purchase the 2017-18 commemorative glass today.

The BCBA has Riedel 12 oz Wine and Riedel 7 oz Single-malt Whiskey glasses etched with the BCBA and Show Your Soft Side logos, available for sale in the Bar Office. These are a great compliment to glasses from previous years, which include The American Red Cross, Notre Dame Preparatory School and Itineris. Cash (or check payable to the BCBA) & Carry only, please. Purchases of four or more glasses include a free "Softie" poster! As the BCBA designated charity, 100% of purchase goes to Show Your Soft Side!

SYSS Tee-shirts Show your support and increase awareness of the charity, its mission and purpose, by purchasing a teeshirt. Men and women's sizes available (S, M, L, XL and 2XL), $20 each.

Orders being accepted at the Bar Office. Cash (or check payable to Show Your Soft Side) & Carry only, please. Purchases of four or more teeshirts include a free "Softie"poster!

In advance, thank you for your generosity.

THE ADVOCATE

Page 2

November 2017

C ALENDAR

2017-18 Officers President Pres-Elect Secretary Treasurer

Adam T. Sampson Rebecca A. Fleming

Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr.

Robert J. Thompson, Immediate Past President A. Neill Thupari, YL Chair

The Advocate David F. Luby Committee Chair Ari J. Kodeck Committee Vice -Chair

Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine D. Jill Green William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Anne L. Preston Kimberly K. P. Rothwell Jeffrey R. Scholnick Paul J. Schwab Scott D. Shellenberger Angela J. Silverstein Alaina L. Storie Britt L. Stouffer Whitney E. Wilder 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.

E VENTS

November 2017

Michael W. Siri Jay D. Miller

Executive Council

OF

1 1

Young Lawyers Chamber Chat with Judges Deeley & Robinson, 12 p.m.

CLE: What is it worth? & Show me the money! 5 p.m., Towson Tavern Sponsored by Chesapeake Valuation Advisors and Howard Bank, BCBA Annual Signature Sponsors 1 Family Law: Evidentiary Issues (1 of 2), 5 p.m., County Courts Building 3 Civics & Law Academy, CCBC Owings Mills, 9 a.m. - 2 p.m.

8 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* 9 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 9 Family Law: Evidentiary Issues (2 of 2), 5 p.m., County Courts Building 10 COURTS & BAR OFFICE CLOSED in observance of Veterans Day 14 Executive Council Meeting, 8 a.m., Judicial Conference Room 412 14 Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann 14 Professionalism Committee Meeting, 5 p.m., Royston, Mueller, McLean & Reid 14 Family Law Dinner,: Domestic Torts, 6 p.m., Woodholme Country Club 15 NIWC: Accident & Bio-Medical Reconstruction, 5 p.m., Courtroom TBD 16 Annual Memorial Service, 3:30 p.m., Ceremonial Courtroom No. 5, Immediately followed by a Reception (County Courts Building) 18 National Adoption Day Ceremonies & Luncheon, 11 a.m., Old Courthouse 20 Family Law: Advanced BIA Training, 5 p.m., Jury Assembly Area 21 Criminal Law: Judge Murphy on Evidence, 5 p.m., County Courts Building 23-24 COURTS & BAR OFFICE CLOSED in observance of Thanksgiving 28 Solo & Small Firm “Cocktails, Tips & Treats,” 6 p.m., Charles Village Pub 29 E&T: Special Needs Trusts/ABLE Accounts, 5 p.m., Grand Jury Room

December 2017 1 Civics & Law Academy, CCBC Owings Mills, 9 a.m. - 2 p.m.

5 E&T: Succession Planning, 12 p.m., Grand Jury Room 5 CLE: Top 10 Tips for Marketing to Spanish-Speaking Clients, 5 p.m., GJR 6 Annual Holiday Party, 5 p.m., Towson Tavern 7 Young Lawyers Holiday Lunch to benefit CASA of Baltimore County, 12 p.m.

13 Real Property: Distressed property, 12 p.m., Levin & Gann 13 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* 14 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 14 Family Law Brown Bag Lunch, 12 p.m., Grand Jury Room 19 Family Law Brown Bag Lunch, 12 p.m., Grand Jury Room 25 COURTS & BAR OFFICE CLOSED for Christmas 25-January 1 - Bar Office Closed for Holidays

January 2018 1

COURTS & BAR OFFICE CLOSED for New Year’s Day

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

Publication deadline: 15th of the month preceding publication.

THE ADVOCATE

*If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9103 x102

Page 3

November 2017

Please be advised that ALL of the Judges of the State of Maryland will be attending the Maryland Judicial Conference on Wednesday, June 6 through Friday, June 8, 2018 and, therefore, there will be no Judges available on those dates.

THE ADVOCATE

Page 4

November 2017

COURT NOTICES

Notice to All Attorneys As of January 1, 2018, all attorneys filing an initial paper or pleading must include the appearance fee.

If you file an initial pleading without the appearance fee, the pleading will be docketed, but your appearance will not be entered and you will not receive notice of future court dates.

CHRISTMAS VISITATION DISPUTES 2017 The Family Law Judges, Judges Jakubowski, Finifter, Cahill, Stringer, Bailey and Purpura will be available to consider Christmas visitation disputes from Monday, November 20, 2017 through Friday, December 15, 2017.

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.

THE ADVOCATE

Page 5

November 2017

BENCH/BAR REPORT

by Judge Stacy A. Mayer

The October meeting of the Bench/Bar Committee was held on October 12th, with Chairperson Michael Paul Smith presiding.

There was no report from the Circuit Court Bench.

Tim Sheridan gave the Circuit Court Administration report, beginning with an update on the Patriot Plaza project. Demolition is almost complete and the construction phase is expected to begin shortly, with an expected project completion by the summer of 2018. The plaza construction will necessitate the temporary closing of a portion of Chesapeake Avenue, requiring the re-location of handicapped parking during that time. Unfortunately, efforts to convince the county to add ramps to that side of the courthouse have, thus far, been unsuccessful.

Mr. Sheridan also reminded everyone that the circuit court is one year away from implementation of MDEC. Julie Ensor gave the Circuit Court Clerk’s Office report indicating that the office is current on the docketing of civil matters and working on the prior day’s work in family matters.

Judge Dorothy Wilson gave the District Court Bench report. Judge Wilson first introduced the “new” Administrative Clerk, Maria Fields, who was in attendance and warmly greeted by all. Judge Wilson noted that Ms. Fields has been in the position since August 30th, though the official retirement date of her predecessor, Michael Esposito, was October 1, 2017. Judge Wilson noted that it has been a busy time, particularly given that October 1 was also the start date for the Commissioners to begin eligibility determinations for the Office of the Public Defender.

For this purpose, Baltimore County received one additional commissioner and applications have been averaging between 100-150 per day. Judge Wilson noted that it has been going fairly well and that the commissioners have worked hard to troubleshoot any early implementation issues. The busiest days seem to be ones with criminal dockets and there has been

an effort to funnel applicants to Towson, as that courthouse has the largest commissioner staff on hand.

There was some discussion of issues surrounding the qualification of individuals with mental health issues at the Detention Center. Judge Wilson indicated that anyone unable to complete the application based on mental health, competency, or literacy issues, will be qualified automatically by the commissioners based on a finding of “undue hardship.”

In other exciting committee news, Judge Wilson announced a change in the policy regarding the posting of judicial assignments. This change was made at the behest of Lenny Shapiro, who brought it to the committee’s attention at last month’s meeting, on behalf of the Criminal Bar. As of October 2017, the district court schedule with judicial assignments will be published in The Advocate and posted on the BCBA website (accessible under Attorney Resources, in the "Frequently Used Links" at the bottom of the page.) The one disclaimer is that visiting judges (“VJ”) may simply be designated as such, given the timing of their assignments.

Maria Fields began the District Court Administration Report by expressing how much she looked forward to working with everyone in her new role. Ms. Fields advised that Baltimore County is piloting ebulk filing for landlord-tenant, which will coincide with the implementation of MDEC. Ms. Fields remained hopeful that the repairs to the Towson clerk’s office will be completed before MDEC implementation begins.

Judge William Somerville gave the report for the Office of the Administrative Hearings, indicating that ALJ J. Bernard McClellan will retire effective November 1, 2017.

Magistrate Wendy Z. Schenker gave the Magistrate’s report. A party now has up to eighteen (18) months within which to request a return to the use of a Continued on page 7

THE ADVOCATE

Page 6

November 2017

BENCH/BAR REPORT Continued from page 6

former name, following entry of an Absolute Divorce, without the need to initiate a formal name change proceeding. The hope is that this can be accomplished via motion without a hearing.

Judge Bill Evans gave the Orphan’s Court report, advising that the Register of Wills will be closed on Friday, October 20, 2017 though the Orphan’s Court will remain open. The Register of Wills will re-open on Monday, October 23, 2017.

State’s Attorney Scott Shellenberger reported that there are now 1400 body cameras in operation, which completes the rollout of the program, and that the amount of data is phenomenal.

The State’s Attorney’s office has eleven (11) evidence technicians to handle this increasing data management and discovery processing but they are having difficulty keeping up. In most interactions, multiple officers record video and in any given case there may be five (5) videos. Mr. Shellenberger expressed his continuing support for the program but acknowledged some privacy issues attendant to the public release of video.

Don Zaremba gave the report from the Office of the Public Defender, indicating that the eligibility determinations in Baltimore County seem to be going smoother than in other jurisdictions based on the hard work of those involved in its implementation. He acknowledged that a lot of effort was made by the staff at both the detention center and the commissioner’s office to make sure that it worked as well as possible. However, there has been a delay in some reporting through JIS, resulting in some confusion, and that is being worked on. Other jurisdictions have reported much more significant problems. Mr. Zaremba indicated that his office receives a daily morning report as to who has qualified, but he still had some concerns regarding individuals who are not capable of following the qualification procedure. He predicted that this inability will likely lead to an increase in failures to appear and bench warrants. Mr. Zaremba also explained that an individual deemed qualified by the

THE ADVOCATE

commissioner will be represented by the Public Defender’s Office, without requiring a subsequent appointment with his office, though an email is generated requesting that individuals contact the office in advance of the trial date.

Lenny Shapiro gave the report of the Criminal Bar, applauding the work of State’s Attorney Scott Shellenberger and his staff on the handling of body camera videos. Mr. Shapiro noted that there will likely be an increase in requests for postponement given the amount of data required to turn over and review. There followed a discussion of the protocol for body cameras in hospital setting, given the privacy issues attendant thereto and an acknowledgment of the difficulties such settings present.

Harry Chase, Baltimore City Liaison, introduced Damien Banks, Vice Chair of the Baltimore City Bench/Bar Committee, who was in attendance.

Harry reported that the Baltimore City committee had its first meeting two weeks ago.

Mary Sanders reported that the September “Meet & Greet” of the Family Law Committee went well and the first of three educational programs focused on BIA training has been held. In addition, a program on Reunification was scheduled for October 11th and a dinner program on Domestic Torts is set for November 14th. The committee is very active and a list of events may be viewed on the association’s website.

The Young Lawyers reported that Martin’s Valley Mansion has been reserved for Law Day and more details are to follow.

The next meeting is November 9th. If anyone has an issue to bring to the Bench/Bar Committee, please speak with an at-large member. The list of at-large members can be found on the Bar website.

Page 7

November 2017

Where will we see you next?

THE ADVOCATE

Page 8

November 2017

THE ADVOCATE

Page 9

November 2017

CYBER SECURITY & WIRE FRAUD

by William F. Alcarese, Jr.

On October 18, 2017, the Technology Committee hosted a lunchtime program presented by Glenn M. Grossman, Esq. and Richard J. Berwanger, Jr., Esq. from Eccleston & Wolf, P.C. Going with the Halloween theme, the presentation, “Be Prepared To Be Scared: Data Breaches,” included concepts that law firms must undertake to protect against a data breach, the consequences that will flow from a data breach and real examples of data breaches that have occurred. Anyone or any business entity is susceptible to a data breach. But, the Glenn Grossman, Bill Alcarese, Kay Kenny and Richard Berwanger consequences are more severe for attorneys and law firms because of the attorney’s privileged communications between the attorney and heightened duty of confidentiality owed to clients. the client. But, non-privileged information that is Therefore, additional protections and assurances are stolen by a hacker may be just as damaging. As an necessary for attorneys than compared to other example, for family law attorneys, the exposure of professions. just the name of a spouse that comes into the office for an initial consultation may be extremely harmful Devices utilized by attorneys in their day to day to that individual and the law firm. practice including, but not limited to, computers, servers, smart phones and tablets are vulnerable to Malpractice cases, and the discipline arising attacks by hackers. But, external hackers are not the therefrom, involving data breaches are relatively only offenders of misappropriating a law firm’s data. new, but are becoming more common as hackers Other offenders may include current or former focus on law firms. According to the 2015 ABA employees and other individuals with access to the Legal Technology Survey Report, only one-half of law firm’s office and data such as third-party vendors law firms have encryption and less than one-third use offering litigation support and data storage, the encryption. Cases of this nature are reviewed by the office/building management and the cleaning crew. “reasonableness” standard. A law firm ought to conduct its due diligence to prevent against an Data that a law firm needs to secure includes, but is internal or external data breach and carefully select not limited to: client files; personally identifiable vendor(s) to adequately protect its data and information; health information; sensitive business information. information such as intellectually property, trade secrets and insider information; bank accounts; credit Special thanks to Mr. Grossman and Mr. Berwanger card information; and the firm’s personnel for the thorough and knowledgeable presentation on information. this issue and Kay Kenny with Minnesota Lawyers Mutual Insurance Company for sponsoring the It is extremely important for law firms to enact program and providing lunch for all attendees. measures to protect against a data breach. There are Copies of the PowerPoint slides are available upon varying levels of the value of information that may request. be extracted. The obvious one is confidential and

THE ADVOCATE

Page 10

November 2017

THE ADVOCATE

Page 11

November 2017

SEPTEMBER KICK OFF CELEBRATION Attorneys, Judges and Judicial Law Clerks kicked off the “bar season” on September 19th at the Charles Village Pub in Towson! Many thanks to Annual Signature Sponsor Multi-Specialty HealthCare for hosting the evening, and the Membership Committee chaired by Whitney Wilder for organizing the event.

We look forward to a year full of education programs, networking, and good old-fashioned fun!

THE ADVOCATE

Page 12

November 2017

SEPTEMBER KICK OFF CELEBRATION

THE ADVOCATE

Page 13

November 2017

THE ADVOCATE

Page 14

November 2017

Click the image above for a link to Caroline Griffin’s blog

THE ADVOCATE

Page 15

November 2017

CIVIL LAW UPDATE

by Ceecee Paizs

Review of the Amicus Curiarum for October 2017 revealed the following civil cases of interest: THE COURT OF APPEALS: Chateau Foghorn LP v. Wesley Hosford, No. 73, September Term 2016, filed August 28, 2017.

Opinion by Getty, Judge Mr. Hosford, ("Hosford") severely disabled and wheelchair bound since 1987, was a resident of a rental property owned by Chateau Foghorn, LP. ("Foghorn"). Foghorn provides housing for lowincome elderly and disabled tenants that are subsidized through a federal "Section 8" projectbased rental subsidy program. Under that law, a provision in applicable project leases was required stating that "any drug-related criminal activity on or near such premises" conducted by tenants, household members or guests "shall be cause for termination of tenancy[.]" In 2014, exterminators entering Hosford's apartment to perform extermination treatments discovered a marijuana plant in the tub and reported it to the landlord. Subsequently, Hosford was charged with possession of less than ten grams of marijuana, which was ultimately nolle prosequi. In June 2014, Foghorn gave Hosford a notice of termination, and when he failed to vacate the unit within 30 days of that notice, eviction proceedings were initiated pursuant to Maryland Code, Real Property Article ยง8-402.1. That statute contains a provision mandating that a trial court must "determine[] that the tenant breached the terms of the lease and that the breach was substantial and warrants an eviction[]" The case was transferred from the District Court to the Circuit at which time Foghorn contended that RP ยง8-402.1(b)(1) is preempted by the federal statute. The trial court agreed and granted Foghorn's motion for summary judgment and Hosford appealed. The Court of Special Appeals reversed, holding that RP ยง8-402 was not preempted by federal law.

The Court of Appeals affirmed, agreeing with the COSA that the only preemption issue was whether

state law conflicted with federal law. In the present case, the Court determined that the only conflict presumption was whether RP ยง8-402.1(b)(1) "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress[.]"

Arizona v. United States, 527 U.S. 387, 399 (2012).

The Court determined that the conflict preemption inquiry focuses primarily on congressional intent, but that it must also apply a presumption that Congress did not intend to preempt state law. (Medtronic, Inc. v. Lohr, 518 U.S.470, 485 (1996). The Court held that as landlord-tenant is an area traditionally regulated by state and local governments, and one that has never been federalized and that a heightened presumption against preemption applied. The Court held that the requirement in ยง8-402.1(b)(1) that a court determine that a tenant's breach was "substantial and warrants eviction" does not pose an obstacle to or otherwise frustrate either Congress' broad or specific intent. In addition, the landlord brought the eviction action under state law and through a state court, the federal law did not circumvent the discretion of a state court to review the breach in accordance with long standing state law. The matter was remanded to the circuit court for further proceedings.

Sadie M. Castruccio v. The Estate of Peter Adalbert Castruccio, et al., No. 79, September Term 2016, filed August 25, 2017. Opinion by Getty, Judge Dr. Peter Castruccio changed his will on September 29, 2010 in the presence of three witnesses. A provision in the will was that the rest and remainder of his estate would go to his wife, Sadie, provided that she has made and executed a will prior to his death. At the time of his death in February 2013, Sadie had not executed a will. When the 2010 Will was probated, Sadie filed a Petition to Caveat Will.

The Orphans' Court entered an order transmitting seven issues to the circuit court for trial. The Estate filed a motion for summary judgment on all seven issues and Sadie filed a cross motion for summary judgment as to the issues of attestation, arguing that Continued on page 17

THE ADVOCATE

Page 16

November 2017

CIVIL LAW UPDATE Continued from page 16

the 2010 Will did not satisfy the statutory requirement of attestation because the witnesses did not sign on the same page as the testator or on "physically connected pages."

Her attorney inspected the 2010 Will at the Register of Wills after it was submitted to probate and found that it "consisted of six separate, unattached pages, without any staples holes or other evidence of having ever been physically connected together." The circuit court granted the Estate's motion for summary judgment on all issues and denied Sadie's crossmotion for summary judgment as to attestation. The Court of Special Appeals affirmed and the Court of Appeals granted certiorari.

The Court of Appeals affirmed, holding that the statutory requirements for a validly executed will under Md. Code Estates & Trusts ยง 4-102 does not include the requirement that the pages be physically at the time of the signing nor that each page of the will must be initialed by the testator in order for it to be validly executed. Citing Groat v. Sundberg, 213 Md. App. 144 (2012), the Court held that the Estate and Darlene, the alternate remainder heir, produced sufficient evidence from the document and/or surrounding circumstances to make a prima facie case for the satisfaction of the statutory requirements for execution of a will.

THE COURT OF SPECIAL APPEALS: In the Estate of Howard Lewis Vess and In Re: Estate of Howard Lewis Vess, Nos. 372 and 524, September Term 2016, filed September 28, 2017. Opinion by Arthur, Judge Howard Vess executed two wills naming his wife as the principal beneficiary. After his wife predeceased him, he wrote a final will with a specific legacy to his brother, if his brother survived him, which he did not.

He devised the remainder of his estate to his friend Robert Price and nominated Mr. Price to serve as personal representative. After Mr. Vess' death in 2011, Mr. Price petitioned for administrative probate of the final will. The brother's daughter, Claudia,

petitioned the Orphans' Court to caveat her uncle's 2006 will, alleging that Mr. Vess lacked testamentary capacity at the time of execution; that the instrument was not witnessed properly; that the testator's signature was not genuine; that the instrument was procured by fraud; and that the instrument was procured by undue influence of Mr. Price, whom she alleged had a confidential relationship with Mr. Vess and later alleged had served as a financial advisor to Mr. Vess. Mr. Price filed a timely motion to dismiss which the Orphans' Court granted based on the allegation that Claudia lacked standing to challenge the will as she had not challenged the prior two wills in which she would not have received a bequest either. The circuit court ultimately reversed the dismissal of her caveat petition. From there the parties jointly petitioned the Orphan's Court to transmit to the circuit court five issues related to the claims of Claudia, and a series of actions by each party followed, along with claims that certain responses were not timely filed, a motion to vacate default was filed, and that Claudia did not file a timely appeal as her attorney deposited Claudia's motion to alter or amend the judgment in the overnight box of the circuit court on the last day that it could be timely filed, which did not deliver the motion to the Orphan's Court until several days later.

Ultimately, Claudia noted a timely appeal to the Court of Special Appeals from three orders of the circuit court: (1) the order granting summary judgment in favor of Mr. Price; (2) the order denying reconsideration of that judgment; and (3) the subsequent order from the civil coordinating judge (No. 372) and later filed a notice of appeal directly to the Court of Special Appeals from the Orphan's Court's order that had "resubmitted" the issues for trial (No. 524).

The Court of Special Appeals affirmed Case No. 372 and dismissed Case No. 524. The Court declined to decide the issue of whether Claudia had sufficient interest in her uncle's estate to allow her to maintain the caveat action. The Court then upheld the circuit

Continued on page 18

THE ADVOCATE

Page 17

November 2017

CIVIL LAW UPDATE Continued from page 17

court's conclusion that Claudia's de novo appeal was untimely as to the order to transmit issues as she did not file the notice of appeal with the Orphan's Court within 30 days after the entry of judgment (the order to transmit issues). Instead she filed a revisory motion within that period. While a timely revisory motions will extend the time for taking appeal to the Court of Special Appeals until the 30 days after the withdrawal or disposition of the motion to alter or amend, that rule (Rule 8-202) does not apply to filing a notice of appeal for a de novo appeal from the Orphan's Court to the circuit court. And Rule 7-503 does not extend the 30 day deadline for notice of appeal from the Orphans' Court to the circuit court.

Since Claudia did not file her notice of appeal within 30 days of the Orphan's court's judgment, her de novo appeal was not timely as to that judgment. The Court concluded that Claudia did not file a timely motion to alter or amend. Since the circuit correctly concluded that the docket entry made by the Registers of Wills is presumptively correct, and because it was not properly filed with the Register of Wills, but put in the overnight box of the circuit court, it was not timely filed.

Samantha Boon v. John Youngbar, No. 465, September Term 2016, filed September 29, 2017.

Opinion by Moylan, Judge During the three year period that Samantha and John lived together, Samantha gave birth to a child.

Samantha had engaged in a brief sexual relationship with a man other than John, but when the child was born, both she and John believed that John was the child's biological father. The parties executed an Affidavit of Parentage pursuant to §5-1028 of the Family Law Article. When the parties separated in September 2014, they agreed to joint legal and shared physical custody of the child, and John remained deeply involved in raising her.

Subsequently, Samantha filed a Petition to Disestablish Paternity as she began to believe that John was not the biological parent, and cited the results of two DNA tests. John filed a Motion to Dismiss her Petition which the court granted.

THE ADVOCATE

The Court of Appeals held that the mother may not void a legal paternity established by an Affidavit of Parentage merely because at the time that they signed the affidavit they mistakenly believed the putative father to be the biological father. The Court stated that although the child's biological father was determined at her conception, her legal father was determined when Samantha and John executed the affidavit of parentage. Further, John is the one who may claim mistake as to the child and the mistake must be material. For purposes of §5-1028 of the Family Law Article, a mistake is "material" only if it is a "jurisdictional mistake" – i.e., a mistake affecting the court's power to hear the case and enter judgment.

A mistaken belief as to biological paternity is not such a mistake. Further, the need for legal certainty as to paternity is something that promoted by the case law.

In re: Adoption/Guardianship of C.A. and D.A., No. 2234, September Term 2016, filed August 30, 2017.

Opinion by Kenney, Judge C.A. and D.A. were taken into shelter care as a result of the poor care they were receiving from their mother. Their father, an illegal alien, was in federal prison as a result of a conviction for attempting to bring other illegals into the country. At the end of his prison term, he was to be deported to Mexico. As a result, the children were placed with a foster parent.

At a hearing on the Department of Social Services' petition to terminate parental rights, Father admitted that he was not in a position to provide care for the children. At the end of the hearing the court issued a written order terminating Father's parental rights and granting the Department the authority to consent to the children's adoption. Father appealed arguing that the circuit court erred in terminating his parental rights. Father argued that the record failed to establish that retaining the parental relationship would be detrimental to the children's best interests and the existence of the bond between the children

Page 18

Continued on page 19

November 2017

CIVIL LAW UPDATE Continued from page 18

and their foster mother could neither trump his liberty interest in maintaining the parental relationship nor be a dispositive consideration when evaluating whether parental rights should be terminated.

The Court of Special Appeals affirmed the circuit court, stating that although Maryland recognizes a substantive presumption that it is in the best interest of children to remain in the care and custody of their parents, that presumption may be rebutted if the parent is deemed "unfit" or if "exceptional circumstances" exist such that the continued custody with the parent is detrimental to the best interest of the child. The controlling factor is the best interest of the child and not the natural parent's interest in raising the child. In the present case, the Father's disregard for the law, his incarceration and his unavailability to provide care for the children, along with the relationship that the children with the foster mother created circumstances under which the best interest of the children is served by termination of Father's parental rights.

Divorce, or probating an estate. Your client has options when it comes to the real estate.

Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road.

Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com

Please consider a donation by sponsoring a wreath at Arlington, a local cemetery or with a local fundraising group. Thank you for your support. http://www.wreathsacrossamerica.org/#join-us

THE ADVOCATE

Page 19

November 2017

ADR: MEDIATOR CERTIFICATION

by William P. Konstas On October 3rd, the Alternative Dispute Resolution Committee hosted an informative presentation on Mediator Certification. Three representatives from the Maryland Council for Dispute Resolution (MCDR) spoke to those in attendance about the history and mission of the MDCR. Since 1996, MCDR has provided a performance-based assessment and certification program for mediators to enhance their credentials. The process consists of a role-play mediation in which the mediator is evaluated by two certified assessors. The mediator is assessed on how he/she manages: the mediation process; the content; and the relationship of the parties. The Skills Assessment Checklist used by the assessors was distributed to those in attendance. While certification is not a requirement to be a mediator, the reasons for becoming certified are quality assurance, professional development, and a standard of practice.

NIWC: SOFT TISSUE 101

by James J. Temple III On October 10, 2017, the Negligence, Insurance & Workers Compensation Committee held a program title Soft Tissue 101. The Committee would like to thank Dr. Paul Ettlinger from Health Quest Chiropractic who presented an overview regarding soft tissue injuries and their terminology, diagnosis, symptoms, treatment, and recovery.

Specific focus was given to the initial visitation for treatment and proper case management thereafter.

NIWC’s next program is November 15, 2017 with Dr. Andrew Rentschler. Dr. Rentschler will be speaking about accident reconstruction and bio-medical analysis. The discussion will cover expert testimony in the field of low to high speed motor vehicle accidents and the injuries and treatment that would be associated with them.

SLLZ: CHARTER REVIEW COMMISSION

by Jason T. Vettori The State, Local Laws & Zoning Committee of the Baltimore County Bar Association had a wonderful event to discuss the Charter (i.e. County Constitution) Amendment process at Towson Tavern on Wednesday, September 27, 2017. Our guest of honor/speaker was David Marks, Baltimore County Councilman for the 5 th Councilmanic District.

Councilman Marks commended the work of the Charter Review Commission, which was formed in February 2017 and includes a number of regular attendees at SLLZ events. The attendees represented the BCBA very well. They had a number of suggestions and questions for Councilman Marks regarding the anticipated changes to the County Charter. He discussed a number of recommendations that he understood would be put forth by the decennial Charter Review Commission. The Commission held a number of public meetings throughout the County over the past several months and published minutes from those meetings. The Commission will present its final report and recommendations to the County Council on Monday, November 6, 2017 at the Council’s legislative meeting, which begins at 6 p.m.

In the months which follow, the County Council will consider the Commission’s recommendations and vote on a Bill that would place those changes to the Charter on the 2018 general election ballot. Pursuant to Section 1202 of the Charter, any amendments proposed by legislative act of the County Council will be submitted to the voters of Baltimore County at the general election in November 2018. Thanks again to Councilman Marks for being our guest of honor at this SLLZ event.

THE ADVOCATE

Page 20

November 2017

YOUNG LAWYERS THIRSTY THIRD THURSDAY

by Whitney E. Wilder The Young Lawyers Committee is excited to announce a new series of events this year: “Thirsty Third Thursdays” Happy Hours! The happy hours will be held at 7 West Bistro and will be organized by members of the Young Lawyers Committee.

These happy hours are geared towards young lawyers and are designed to encourage involvement with the Baltimore County Bar Association, to facilitate networking amongst our members, and to strengthen camaraderie amongst the Young Lawyers of Baltimore County. Throughout the year, we will have featured speakers to provide advice and insight into the practice of law, professional development, networking, and other skills important to our profession.

The Young Lawyers Committee recognizes that attending Bar Association events can be intimidating and overwhelming, especially for young lawyers.

The Young Lawyers Committee has the unique opportunity to foster growth and development amongst its members both professionally and within the Bar Association. Accordingly, the Young Lawyers Committee hopes these happy hours help contribute to the foundation of promoting rapport amongst attorneys, involvement with the Bar Association, and, ultimately, shaping our young lawyers to become future leaders of the Bar Association.

On October 19, 2017, immediately after the Stated Meeting, we had our first Thirsty Third Thursday Happy Hour. The event was well attended by members of the Young Lawyers Committee, law clerks, Committee Chairs and Vice Chairs, and Executive Council Members.

Howard Bank generously sponsored the event and provided drinks and appetizers to the attendees. 7 West had a whole area of the restaurant reserved for the event, which was perfect for enjoying the delicious food and chatting with fellow attendees.

Please join us for next month’s Happy Hour, which is a Law Clerk Social co-sponsored by the Baltimore County Young Lawyers Committee and the Maryland State Bar Association Young Lawyers’ Section. This is a great opportunity for the new law clerks to get to know each other and meet young lawyers from across Maryland. In order to avoid a conflict with the Annual Memorial Service, which is on November 16, 2017, the Law Clerk Social will be on Wednesday November 15, 2017 from 5:30-7 p.m. at 7 West Bistro Grille. Appetizers and refreshments will be provided.

We hope to see a strong turn out from Baltimore County Bar Association members and law clerks!

Drink tickets available to early registrants, email sarahgrago@hme-law.com to RSVP. Mark your calendars for every Thirsty Third Thursday Happy Hour this year: January 18, 2018, February 15, 2018, March 15, 2018, April 19, 2018, May 17, 2018, June 21, 2018.

THE ADVOCATE

Page 21

November 2017

PROGRAM SPONSORSHIPS are available to law firms and other businesses. If interested, please contact Doris Barnes, 410337-9103 x101 or doris@bcba.org. These sponsorships provide you with an opportunity to market your business directly to members at area-specific dinners and educational programs. In addition to being included on the program flyer, all sponsors will be included in each issue of The Advocate, thanking you for your support.

Family Law - November 14, 2017: Domestic Torts, generously sponsored, in part, by Nagle & Zaller, P.C., 7226 Lee Deforest Drive, Columbia, Maryland 21046; 410-7408100; Law Offices of Amy M. Feldman, Nottingham Center, Suite 101, 502 Washington Avenue, Towson, MD 21204; 410-296-6100; and Offit Kurman, P.A., 300 East Lombard Street, Suite 2010, Baltimore, MD 21202; 410-209-6400.

Technology - October 18, 2017, Hacking & Wire Fraud, generously sponsored by Kay Kenny and Minnesota Lawyers Mutual; 1-800-422-1370 x4367.

CLE - February 20, 2018, Client Communications: Avoiding Malpractice and Ethical Complaints, generously sponsored by Kay Kenny and Minnesota Lawyers Mutual; 1-800-422-1370 x4367.

THE ADVOCATE

Page 22

November 2017

COUNTY COUNCIL UPDATE

by Thomas H. Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body.

Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets yearround, 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: www.baltimorecountycouncil.org provides helpful information as well.

At its Legislative Session on October 2, 2017, the County Council approved the following: Bill 53-17 – Opioid Intervention Team – the Council approved a supplemental appropriation of State funds totaling $469,738 to the Opioid Intervention Team – Gifts and Grants Fund program.

The funds will be used to hire one full-time Licensed Counselor and four part-time Behavioral Health Associates.

Initiatives will include overdose response, naloxone trainings, distribution of opioid information to the public and health care providers, partnership with law enforcement to link overdose survivors with Certified Peer Recovery Specialists, coordination of treatment resources, and increased access to medication-assisted treatment.

THE ADVOCATE

Bill 57-17 – Comprehensive Zoning – Lobbying Registration – the lobbying registration requirement of the County’s Ethics Law provides that a person who engages in lobbying, including making public appearances, for the purpose of influencing the Comprehensive Zoning Map Process is not required to file the usual lobbying registration if the person does not expend money on a public official for meals, beverages, special events, or gifts, and registers with the Secretary to the County Council not later than 5 days after the last lobbying activity.

The registration filed with the Secretary shall include the full and legal name and address of the person or of anyone on whose behalf the person is acting, the property involved, and the map issue number if available.

The registration must be made a permanent part of the County Council record and be available for public inspection. Bill 57-17 amends this filing requirement to require that the registration information also be posted on the Council website.

Appointment – On October 16, 2017, the Council confirmed the appointment of Ms. Gail Watts as the Director of the Baltimore County Department of Corrections. Ms. Watts replaces Ms. Deborah Richardson, who retired last month after many years of distinguished service. Ms. Watts brings several decades of correctional and military experience to the position.

The Council offers its sincere congratulations to Ms. Watts on her appointment.

Page 23

November 2017

THE ADVOCATE

Page 24

November 2017

CRIMINAL LAW UPDATE

by Matthew I. Wyman

The appellate courts issued two decisions relevant to criminal law in October. The Court of Appeals addressed discovery disclosure of an identification of a co-defendant, while the Court of Special Appeals took up the issue of battered spouse syndrome. The opinions are summarized below from the Amicus Curiarum.

John W. Green, III v. State of Maryland, No. 4, September Term 2017, filed October 20, 2017.

Opinion by Watts, J. At trial in Cecil County, Green was convicted of the murder of Jeffrey Myers. a co-defendant, Copeland, plead guilty at an earlier proceeding. The state sought to introduce eyewitness testimony at trial of a motorist who had seen Myers being shot. She saw two figures, but could only positively identify one.

She positively identified Copeland as the nonshooter, and the shorter, stout man (presumably Green), she was unable to positively identify. Green testified on his own behalf that only he and Copeland were present when Myers was shot (why on earth did his lawyer allow him to testify?). He was found guilty, and appealed The state did not disclose the witness’s identification of Copeland prior to the trial. At issue is whether Maryland Rule 4-263(d)(7)(B), requiring disclosure of pretrial identifications in discovery applies to identifications of co-defendants, or if it is limited just to the Defendant.

The court ultimately ruled that the fact that the term co-defendant is not specifically enumerated in Maryland Rule 4-263(d)(7)(B), was not accidental, and that information is not automatically subject to disclosure. The court did however note that the rule specifically states that the State must disclose “all relevant or material information regarding pretrial identification”. Specifically, in this case, since the pretrial identification of Green’s codefendant was essentially an identification of Green by process of elimination, it should have been

THE ADVOCATE

disclosed. The court provides a lengthy analysis, but it ultimately boils down to whether or not the Defense is prejudiced by the nondisclosure. In this case, they were, and the Court of Appeals reversed the conviction and remanded the matter back for trial.

Tania Renee Wallace-Bey v. State of Maryland, No. 476, September Term 2016, filed November 2, 2017.

Opinion by Arthur, J. Wallace-Bey was convicted of first degree murder in 2009 in Prince George’s County. She was granted post-conviction relief in 2014 on the grounds that her attorney had not sought to introduce evidence that she suffered from “battered spouse syndrome”.

During her retrial, Wallace-Bey testified that the victim, whom she had been in an ongoing relationship with, had raped her, and she shot him to prevent him from doing it again. Prior to her testimony, the court granted a motion in limine by the State to exclude any statements made by the victim to the Defendant on the grounds that they were hearsay.

The court made this blanket ruling without accepting a proffer from the Defense as to what any of the statements were, and whether any of them qualified as an exception to the hearsay rule. The Defendant also had an expert witness in the field of forensic psychology. Several objections were sustained for the state limiting her testimony about prior incidents the Defendant had reported to her.

The court ultimately reversed the decision and remanded it back for trial. In their ruling, the court noted that it was prejudicial error was committed in requiring the Defendant to present evidence of prior abuse by the victim without mentioning the words that were said. Several of the statements reportedly made to the Defendant would have had a substantial impact with the jury in showing how these words affected her, and they were not being offered for the truth of the matter asserted.

Page 25

November 2017

THE ADVOCATE

Page 26

November 2017

Committee News COMMITTEE CALENDAR, HANDOUTS, CONTACT INFO All Committee Chair and Vice-Chair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org. Click on “Committee Reports, then select the committee of interest.

ADR COMMITTEE

December 6, 2017, 5 p.m., Annual Holiday Party.

Towson Tavern.

BENCH/BAR COMMITTEE

January 25, 2018, 7 p.m., Annual Black-Tie Banquet, Delta Marriott Hunt Valley Inn

This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Michael Paul Smith, 410-821-0070 or mpsmith@sgs-law.com.

June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course.

ESTATES & TRUSTS COMMITTEE

CLE COMMITTEE

November 29, 2017, 5 p.m., Special Needs Trusts/ABLE Accounts. Grand Jury Room

November 1, 2017, 5 p.m., What is it worth? & Show me the money! Towson Tavern.

December 5, 2017, noon, Succession Planning.

Grand Jury Room

December 5 2017, 5 p.m., Top 10 Tips for Marketing to Spanish-Speaking Clients. Grand Jury Room.

January 30, 2018, noon, [Alternate date for Gibber Presentation]. Grand Jury Room.

February 20, 2018, noon, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room.

February 28, 2018, 5 p.m., Gibber Presentation.

Grand Jury Room.

March 28, 2018, 5 p.m., ADR. Grand Jury Room.

April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room.

April 25, 2018, 5 p.m., Guardianships. Grand Jury Room

CRIMINAL LAW

May 9, 2018, 5 p.m., Legislative Update with Orphans’ Court Judges and Register of Wills.

November 21, 2017, 5 p.m., Judge Murphy on Evidence, County Courts Building ENTERTAINMENT COMMITTEE

June 26, 2018, Noon, Elective Share Update.

Grand Jury Room.

November 8, 2017, 6 p.m., Wines & Whiskey FR for Show Your Soft Side. Maryvale Prep.

Continued on page 28

THE ADVOCATE

Page 27

November 2017

Committee News FAMILY LAW COMMITTEE October 11, 2017, 6 p.m., Reunification. Towson Tavern.

Limitations

of

November 14, 2017, 6 p.m., Domestic Torts.

Woodholme Country Club.

Spring Mini-Series: Parenting Plans January 4, 2018 February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018 LAW DAY COMMITTEE - MAY 1, 2018

December 14, 2017, Noon, Wasting of Marital Real Property. Grand Jury Room December 19, 2017, Noon, 100 Days to Trial. Grand Jury Room.

January 4, 2018, Noon, Marital Property. Grand Jury Room.

January 18, 2018, Noon, Preparing the Custody Evaluator for Testimony. Grand Jury Room.

February 21, 2018, 6 p.m., Custody Evaluations.

Speaker: Gina Santoro. Towson Tavern.

March 22, 2018, 6 p.m., Sexual Abuse Allegations.

April 2018. TBD May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building.

Separation of Powers: Framework for Freedom. Art and Essay Contest flyers available online.

October 18, 2017, 5 p.m., Planning Meeting. Grand Jury Room.

LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application.

MEMORIAL 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 all members. Thank you.

Those members who will be honored at this year’s service on November 16, 2017, at 3:30 p.m., include:

Fall Mini-Series: Evidentiary Issues 5-6:30 p.m., County Courts Building

The Hon. Christian M. Kahl Constance Kellner Putzel Hon. A. Gordon Boone, Jr. Geoffrey K. Calderone, Jr. Lewis Leland Fleury Robert J. Zarbin

November 1, 2017, Tales of Family Law Evidence: Concerns from the Bench & Bar. November 9, 2017, Authentication of Emails and Review of Related Case Law. Fall Mini-Series: Advanced BIA Training November 20, 2017 Part 1 of 3 (rescheduled from September 5, 2017)

If you know of any other BCBA Member who passed away (since August 15, 2016), please advise Doris Barnes immediately, so they can be included in the service. Thank you. The reception for family and

Continued on page 29

THE ADVOCATE

Page 28

November 2017

Committee News friends to honor and remember loved ones will be held again this year, immediately following the service on November 16th.

email your nomination to Doris Barnes (doris@bcba.org) for consideration, no later than Monday, November 14, 2017.

Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program.

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 in January.

NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE

Recipient of this award must be: A Baltimore County Bar Association member at least 5 years;

November 15, 2017, 5 p.m., Accident & Bio-Medical Reconstruction. Grand Jury Room.

Have made professional contributions Baltimore County Bar Association activities;

February 22, 2018, 5 p.m., A View from Big Insurance. Grand Jury Room

to

Have made contributions of time and resources that have gone largely unnoticed; and

April 10, 2018, 5 p.m., Jury Selection/Mock Trial.

County Courts Building

High marks for dignity, integrity and civility.

PRO BONO COMMITTEE PRIOR RECIPIENTS INCLUDE: This committee meets on the second Tuesday of each month, September - June, 4:30 p.m. at the offices of Levin & Gann, 502 Washington Avenue, Suite 800, Towson.

1999 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

PROFESSIONALISM COMMITTEE Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson.

November 14, 2017 January 9, 2018 TENTATIVE: April 18, 2018, District Court Judges Program.

THE PROFESSIONALISM COMMITTEE is now accepting nominations for the J. EARLE PLUMHOFF PROFESSIONALISM AWARD, which will be presented at the Annual Banquet on January 25, 2018. Please

Myles F. Friedman Richard A. Reid Leon Berg Keith R. Truffer Carolyn H. Thaler Jennifer B. Aist Christopher W. Nicholson Kristine K. Howanski Harris J. “Bud” George Mary Roby Sanders Robert L. Hanley Jr. Robert J. Steinberg Herbert R. O’Conor C. Drake Zaharris Carl R. Gold

PUBLIC AWARENESS & SPEAKERS COMMITTEE

Continued on page 30

THE ADVOCATE

Page 29

November 2017

Committee News AKA

Ceremonial Courtroom No. 5, Old Courthouse, Towson, and receive a free drink ticket for the happy hour!

CIVICS & LAW ACADEMY

Academy Schedule November 3, 2017 @ CCBC Owings Mills December 1, 2017 @ CCBC Owings Mills

Chamber Chats (Limited to 15 registrants) November 1, 2017, Noon. Judge C. Carey Deeley, Jr. and Judge Dennis Robinson, Jr., County Courts Building.

REAL PROPERTY COMMITTEE December 13, 2017, Noon, Distressed Property: Real Estate in Bankruptcy, Foreclosure, etc., Levin & Gann, Towson February 21, 2018, Noon, Condos, HOAs, Bowie & Jensen, Towson March 15, 2018, Noon, Tax (assessment) Appeals, Whiteford, Taylor & Preston, Towson May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building

March 29, 2018, Noon. Judge Colleen A. Cavanaugh and Judge Keith R. Truffer, County Courts Building.

Annual Holiday Lunch & Toy Drive December 7, 2017, 12-2 p.m., Ground Floor, County Courts Building. $10 or a new, unwrapped toy. All proceeds and toys will be donated to CASA of Baltimore County.

Annual Bull & Oyster Roast April 8, 2018, 2-6 p.m., Towson American Legion

SOLO & SMALL FIRM COMMITTEE “Cocktails, Tips & Treats” Networking, CVP November 28, 2017 February 27, 2018 May 29, 2018 YOUNG LAWYERS COMMITTEE

Thirsty Third Thursdays, 7 West Bistro Grille, 5 p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network.

November 16, 2017 January 18, 2018 February 15, 2018* March 15, 2018 April 19, 2018 May 17, 2018 June 21, 2018* *Attend the BCBA Stated Meeting at 4:30 p.m. in

THE ADVOCATE

Page 30

Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza.

December-February, meet at 401 Washington Avenue, Lobby.

We recommend that runners bring reflective gear, headlamps, etc.

Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.

November 2017

THE ADVOCATE

Page 31

November 2017

THE ADVOCATE

Page 32

November 2017

THE ADVOCATE

Page 33

November 2017

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

410-484-2088

THE ADVOCATE

Page 34

November 2017

Continued on page 22

THE ADVOCATE

Page 35

November 2017

PROFESSIONALISM: REVISING CHARACTER

by Raymond A. Hein

As all of you will recall, the process of being admitted to the Bar includes, in addition to passing the Bar Exam, a character review. Maryland Rule 19-203(d) provides that an applicant for admission “bears the burden of proving to the Character Committee, the Board [of Law Examiners], and the Court [of Appeals] the applicant’s good moral character and fitness for the practice of law.” Occasionally, based upon concerns of the Character Committee and the Board, the Court of Appeals must serve as the final arbiter of whether an applicant possesses the requisite character for admission.

In its Bar admission jurisprudence, the Court of Appeals has stated that “[a]n applicant must possess good moral character for admission to any Bar, denoted by ‘those qualities of truth-speaking, of a high sense of honor, of granite discretion, [and] of the strictest observance of fiduciary responsibility.’” In re Application of Cramer, 427 Md. 612, 622 (2012) (quoting In re Application of Strzempek, 407 Md. 102, 112 (2008)). Past indiscretions, such as criminal conduct, financial irresponsibility or incidents involving lack of candor, may not automatically disqualify the applicant, as the Court determines present character by evaluating whether, “in the period subsequent to his [or her] misconduct, [the applicant] has so convincingly rehabilitated himself [or herself] that it is proper that he [or she] become a member of a profession which must stand free from all suspicion.” In re Application of T.Z.-A.O., 441 Md. 65, 73 (quoting In re Application of Stern, 403 Md. 615, 629 (2008)).

The obligation to be of good moral character continues following one’s admission to the Bar. The ethical dictates set forth in the Rules of Professional Conduct provide behavioral guideposts for attorneys, but adherence to those rules is not the sole measure of an attorney’s good character. Each of us should reflect from time to time on how we conduct ourselves in our professional and personal interactions, our involvement in the communities we serve and our commitment to a greater purpose than personal achievement and recognition.

In his book The Road to Character, author David Brooks distinguishes between “résumé virtues” and “eulogy virtues.” While the former may result in wealth, fame and status, Mr. Brooks accurately recognizes that eulogy virtues - those that get talked about at your funeral -“exist at the core of your being - whether you are kind, brave, honest or faithful; what kind of relationships you formed.” The qualities of kindness, humility, loyalty and decency define a person of good character more than any professional successes.

As members of the Professionalism Committee enter the time of year when we consider nominations for the J. Earle Plumhoff Professionalism Award, I am reminded that the award is given to an attorney of exceptional character who has been somewhat of an unsung hero within the Baltimore County Bar Association. Among the criteria for this award are that the recipient have “high marks for dignity, integrity and civility” and that he or she has “made contributions of time and resources that have gone largely unnoticed.” As attorneys, we should strive in our individual ways to make positive contributions to the legal profession and to society as a whole, without seeking the limelight or accolades for our actions. In this way, we continue to demonstrate the good character that was a prerequisite of gaining admission to the Bar.

THE ADVOCATE

Page 36

November 2017

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

ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ...

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges.

Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns

Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family

WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors.

GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL

THE ADVOCATE

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

Page 37

November 2017

Signature Sponsors

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

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

Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher

THE ADVOCATE

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.

Page 38

November 2017

THE ADVOCATE

Page 39

November 2017

BCBA Members are encouraged to support our Annual Signature Sponsors.

When you need a service they offer, please contact the following, thank you.

Who do you know that would be a “good fit� for the Bar Association?

Contact Doris Barnes (410 -337-9103 x101 to refer a business!

THE ADVOCATE

Page 40

November 2017

THE ADVOCATE

Page 41

November 2017

The Baltimore County Bar Association

Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD

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

MEMBER ADVERTISEMENTS TOWSON. For sale: 2 adjacent office condominium units (839 sf. And 882 sf.) at 606 Baltimore Avenue.

Professionally managed building, close to the courthouses and all that downtown Towson has to offer. Units could be sold together, or separately. Call Alex at 443-604-5062 for more information.

DUNDALK. Awesome space available. 5 office suites available in the Holabird Building on Holabird Avenue.

Conference room, lots of free street parking and receptionist. Contact Randolph Rice at 410-288-2900 or rr@ricelawmd.com for more information.

PIKESVILLE or OWINGS MILLS. Office space share available. Minimum usage. Contact Gerald Zimlin, 410-2920509.

TOWSON. Do you need a satellite office in Towson directly across from the Circuit Court? Share nicely furnished office space with parking. $250 per month. Call, 410-557-4170.

CATONSVILLE. Office space available in the Catonsville/Arbutus area. Three potential offices for rent. Rent all three offices, or just take one. Share use of conference area and kitchen. Building newly renovated. Close proximity to Catonsville District Court and 695. Contact Sean for more information. 410-245-0732.

TOWSON. Office sublease available at 401 Washington Ave. Professional setting with private and secure access. Total of 5 offices (3 fully-furnished) approx. 1,089 SF. Wired for phone/Internet; Access to conference rooms during business hours Mon-Fri. Term thru Dec 2018. Parking available at Balt. County lot across the street. Contact Jess Gordon at (410) 292-7862 or jgordon@jlmpartners.net.

Towson. Office Sublet/Shared Conference Room. Furnished, interior office available for sublet. Includes use of

conference room, reception area, kitchenette, and internet OR, limited shared office arrangement available for use of conference room for meeting clients/mailing address, includes internet. Walk to both Towson courthouses. Contact Meredith Martin: 410-970-6495 or mm@meredithmartinlaw.com.

Towson Office Space. Offices for rent in the heart of downtown Towson, overlooking the Old Courthouse. Receptionist, copy machine, conference facilities, nice people and other amenities. If interested, please contact Matthew Ortega at 443-921-8161 x407, for details.

Towson. Office space available in First-Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800.

THE ADVOCATE

Page 42

November 2017