THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 4
October 2015
PRESIDENT’S MESSAGE by Hon. Vicki Ballou-Watts Editor’s Note: This article was written before the recent tragedy at Umpqua Community College in Oregon.
MENTAL HEALTH: Still the Elephant in the Room With each successive year, the media seems to report more cases with all too familiar (and tragic) circumstances: the student who takes a gun to school and shoots other students and teachers; the disgruntled employee who returns to the workplace with a weapon and assaults his co-workers; the parent who holds his family hostage at gunpoint and later turns the gun on himself. Often, when the press first reports these stories, gun control is the issue which generates the greatest attention. And, no matter what your position may be on gun control, it’s an important issue to discuss. However, in the aftermath of these tragedies, we frequently learn more troubling details about the perpetrator which, in retrospect, were probably important warning signs of potential behavior.
To be clear, most people in need of mental health treatment are not violent. However, as judges and lawyers, we see individuals who struggle with mental health issues on a regular basis and the need for professional intervention is critical. We see them in the context of criminal cases. We also encounter them in divorce and custody matters because there are times when parents and /or children need professional help. When the Department of Social Services removes children from the family home because of abuse or neglect, the parents’ mental health is frequently a factor. There are many reasons why people don’t receive the mental health treatment they need. Some don’t have access to qualified mental health providers. Some can’t afford the medication or copays. Others begin a course of prescribed medication but don’t follow-up with their provider
Inside This Edition Program Registrations Pg ABA Delegate Report Pg Bench/Bar Committee Pg Calendar of Events Pg Classified Ads Pg Committee Programs Pg County Council Update Pg Court Notices Pg Criminal Law Update Pg Family Law Meet & Greet Historical Perspectives Pg Itineris, Designated Charity Judicial Portrait Fund Pg Kick-Off Event Pg Leadership in Law Awards Magistrate Dawson Pg Memorial Service Pg Pro Bono Award Pg Professionalism Award Pg Professional Lawyer Pg Technology Tips Pg
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Weyrich, Cronin & Sorra THE ADVOCATE
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Signature Sponsor October 2015
PRESIDENT’S MESSAGE Continued from page 1 when they experience unwanted side effects. However, for all who seek treatment, there are many more who refuse to get psychiatric care because of the continued stigma of mental illness. Denial is a major barrier to treatment, too. After all, how many lawyers have encouraged their clients to seek professional help only to be told, “I’m not crazy!” It’s no secret that many criminal defendants selfmedicate with illicit drugs and/or alcohol as a method of coping with an undiagnosed or untreated mental illness. They may have a dual diagnosis but until an evaluation of both the substance abuse and mental health components is completed, an effective treatment plan can’t be put in place. This isn’t an excuse but it is a reality. Judges struggle with sentencing when a criminal defendant violates probation by failing to participate in community-based mental health treatment. There aren’t many options. Mental Health Court programs use a problem-solving approach for participants in order to decrease the frequency of involvement with the criminal justice system by providing wraparound services with regular court supervision. However, Baltimore City, Harford County and Prince George’s County are the only jurisdictions with this specialty court program. As a result, jail is often where the noncompliant probationer lands, even though it’s not an ideal placement for someone with serious mental health issues. Correctional facilities are poorly equipped (and staffed) to address the inmates’ needs. And, the inmate may be dangerous to himself/herself or others. Perhaps the inmate can be placed in a state psychiatric facility, perhaps not. According to a survey by the Treatment Advocacy Center, in 44 of the 50 states, (including Maryland), the largest state prison or jail held more inmates with a serious mental illness than the largest state psychiatric hospital.
judges, we need to appreciate that there is a broad spectrum of conditions in the Diagnostic & Statistical Manual of Mental Disorders (also known as the DSM-5). Many conditions are highly treatable. Some of the world’s greatest leaders, artists, doctors, lawyers, scientists, musicians –well, you get the idea –have also struggled with some form of mental illness. Next, we need to become better educated about treatment resources in the community. To this end, BCBA family law practitioners, led by Mary Roby Sanders and Rob Erdman are updating a resource guide for lawyers which will include information on counseling and other services for children, adults and families. The Family Services Division of the Circuit Court may have information about resources, too. In some cases, the Office of the Court Psychiatrist may be ordered to conduct an evaluation and make recommendations. In addition, the BCBA Criminal Law Committee, led by Richard Boucher and Andy Battista, is making plans to present a CLE in Spring 2016 on representation of criminal defendants who have mental health challenges. Mental health and the challenges that accompany it are still the elephant in the room. It’s the topic that people know exists but often feel uncomfortable in discussing. It affects all socio-economic classes, all educational levels and all races and ethnicities. Society won’t get better by ignoring it. If you believe there is a need to devote more resources to mental health treatment or increase overall awareness of the issues, I encourage you to become a part of the solution. Honorable Vicki Ballou-Watts President, Baltimore County Bar Association, October 2015
So, what can members of the legal community do to address this important issue? First, we must become better educated about what mental illness is and what it isn’t. It is the mental health expert who must make the actual diagnosis. Yet, as lawyers and THE ADVOCATE
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October 2015
C ALENDAR
2015-16 Officers President Pres-Elect Secretary Treasurer
Hon. Vicki Ballou-Watts Robert J. Thompson Adam T. Sampson Rebecca A. Fleming
T. Wray McCurdy, Immediate Past President Alexander C. Steeves, YL Chair
The Advocate Laurie Wasserman, Committee Chair Doris D. Barnes Thomas S. Basham Associate Editors
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Family Law: Limited Representation, 5 p.m., Mezzanine 08 Civics & Law Academy, 9 a.m., CCBC Owings Mills Memorial Committee Meeting, 5 p.m., Mezzanine 08 Constitution & ByLaws Committee Meeting, 5 p.m., Mezzanine 08 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf Room Courts and Bar Office CLOSED, in observance of Columbus Day Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Estates & Trusts Happy Hour Kick-Off, 5-7 p.m., Towson Tavern Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m. Criminal Law Committee Program, 5 p.m., Mezzanine 08 Stated Meeting, 4:30 p.m., Courtroom 2, County Courts Building Family Law Town Hall Meeting, 8 a.m., Courtroom 12 Overview and Update on the New Maryland Trust Act, 5:30 p.m., Mezzanine 08 Family Law Dinner: Legislation w/State Senator Zirkin, 6 p.m., HVGC Pro Bono Clinic, 9 a.m. - Noon, Towson Elks Lodge Pro Bono Reception & Award Ceremony, 6 p.m., Pessin Katz Law Smart Phone Forensics and Data Recovery, 5 p.m., Mezzanine 08
Contributing Writers
November 2015
C. Theresa Beck Catherine A. Dickinson Sondra M. Douglas Jason S. Garber Jonathan M. Herbst Robert C. Lidston Danielle Moore Margaret M. McKee Cecilia B. Paizs G. Darrell Russell Brittany L. Stouffer Laurie Wasserman Kathleen M. Wobber Catherine F. Woods
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The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.
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Long-Range Planning Committee Meeting, 8 a.m., Mezzanine 08 Paint Nite, 7-9 p.m., 7 West Bistro CLE: Understanding Standard Field Sobriety Tests, 8 a.m., Mezzanine 08 Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Family Law Dinner: Direct & Cross Examinations, 6 p.m. Courts & Bar Office CLOSED, in observance of Veterans’ Day Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf Room MDEC in Baltimore County, 5:15 p.m., Mezzanine 08 Civics & Law Academy, 9 a.m., CCBC Essex Pro Bono Resource Center’s 25th Anniversary Celebration, 7 p.m., Baltimore Museum of Art, 10 Art Museum Drive Real Property: Commercial Leasing: Current Trends, Noon, Mezzanine 08 Family Law: Adoptions: New Procedures - Pitfalls & Practicalities, Noon Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m. Annual Memorial Service, 3:30 p.m., Ceremonial Courtroom No. 5 Immediately followed by a Reception at Café Troia, Towson National Adoption Day Ceremonies, 10 a.m., Ceremonial Courtroom No. 5 Recent Developments in Estate Administration, 5 p.m., Mezzanine 08 Courts & Bar Office CLOSED, in observance of Thanksgiving Courts & Bar Office CLOSED, in observance of Thanksgiving
The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.
Membership Renewal Invoices and Black-Tie Banquet Information will be mailed on November 15th
Publication deadline: 5th of the month preceding publication.
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E VENTS
Program/Event Registration Form can be found on page 21 Individual flyers can be found with the online registration for each program on the website calendar.
Executive Council Keith R. Truffer Michael W. Siri Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles
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2015 PRO BONO ATTORNEY OF THE YEAR by Hasson Barnes Each year the Baltimore County Bar Association Pro Bono Committee in conjunction with the Local Pro Bono Committee, in the spirit of honoring and celebrating the substantial and meaningful contributions made by attorneys who serve the community through their volunteer work, present an attorney whose volunteer work has set him/her apart from his/her peers with the Volunteer of the Year Award. Every year the committees receive nominations for deserving attorneys and must go about the arduous process of determining which attorney is more deserving of the award. It must be noted that each attorney that is nominated and each attorney who provides volunteer service but was not nominated are all deserving of thanks and the committees express appreciation for their continued service to the community.
The recipient of the 2015 Volunteer of the Year award is Chester H. Hobbs, a partner at Bodie, Attorneys at Law. Attorney Hobbs has volunteer for Maryland Volunteer Lawyers Service (MVLS) for more than Twenty (20) years, representing clients in the areas of adult guardianship, consumer debt, and bankruptcy. Attorney Hobbs also volunteers on boards, to include but not limited to, the Maryland State Planning Council and the Board of Directors of the Kennedy Krieger Planned Giving Council, which further shows his commitment to providing service to the community.
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When an attorney volunteers his/her time, the impact is not only felt by the person receiving the service, it is also felt by the Bar, by way of recognition of and gratitude for the good work that is done by members of the legal profession. So as we award Attorney Hobbs as the 2015 Volunteer of the Year in appreciation for his good works we thank him for his service to the community and the Bar, and highlight the example he has set.
The BCBA Pro Bono Committee will recognize all Baltimore County attorneys who volunteer their time throughout the year at a Reception on Tuesday, October 27, 2015, beginning at 6 p.m., at Pessin Katz Law, 901 Dulaney Valley Road, Suite 400, Towson. This event is graciously funded by the Baltimore County Bar Foundation, in accordance with its mission statement. If you have provided pro bono legal services through an accredited agency (Legal Aid Bureau, Maryland Volunteer Lawyers Service, Pro Bono Resource Center, Women’s Law Center, etc.), please feel free to join us on October 27th.
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October 2015
BENCH/BAR COMMITTEE RECAP by Julie Landau A new Bar Association year has begun, with Judge Vicki Ballou-Watts as President. The Bench Bar Committee (chair Mary Roby Sanders, Vice Chair Richard Grayson), had its first meeting on September 10, 2015. After the meeting was called to order, Judge Ballou-Watts expressed her commitment to encouraging more involvement in bar association activities and making the business of the Bench Bar Committee accessible to the bar membership. "This is not a secret committee, and I want to encourage lawyers to communicate with the at large committee members to address any concerns or to raise any questions. We are here to serve." (A complete listing of Bench Bar Committee Members appeared in the August issue of the Advocate, and the At-Large members, and their contact information, are listed on the BCBA web site). As a result, each month there will be a report of the Bench Bar meeting published in the Advocate.
While the Rule requires these subpoenas to be under seal, the logo at the top of the subpoena is serving that purpose. Tim Sheridan, Court Administrator, provided a status report as to exterior repairs which we have noticed when walking up Pennsylvania Ave to the court house entrance---the waterproofing project is expected to be completed by the end of October. A new phone system, and updated wifi also are in the works. Julie Ensor, Clerk, advised that the Clerk's office is current with docketing, and advised that her office also will be getting a new telephone system within 30-45 days. Magistrate Scheinker provided an informative report from the Magistrate’s Office: Magistrate Woods’ position is now being offered as a full time position, and applications are being accepted. Status conferences are now being scheduled before the Magistrates on open cases that have been inactive, in an effort to move them through the system. These conferences are conducted on Fridays, before Magistrates Scheinker and Magistrate Woods. Lastly, pendente lite hearings will be scheduled for no more that 1/2 day unless you request more time within 10 days after the scheduling conference.
Reports were received from the various offices of the courts and Bar Association substantive committees (District Court, PD office, State's Attorney Office, Family Law Committee, Office of Law, Executive Council, Clerk's Office, Baltimore City Liaison, Harford County Liaison, Magistrates, and Young Lawyers) As many of you may have noticed, we received paper copies of the August edition of the Advocate. This was due to the generosity of the Law Offices of Peter Angelos. Hopefully the BCBA will be able to generate another paper edition of the Advocate in the winter.
Reports also were provided by Sondra Douglas (Family Law committee) and Sandy Steeves (Young Lawyers Committee), updating the Committee on the activities of their respective committees.
Judge Alexandra Williams reported about the new shielding law that will go into effect on October 1there will be a special docket for shielding (as there is now for expungements), and we should expect backlogs. Judge Williams also reminded Committee members about the new subpoena forms, located on line, which are time sensitive.
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The next meeting of The Bench Bar Committee will be conducted on October 8,2015. If you have issues or questions that you would like brought up at the meeting, please contact one of the At-Large members. Minutes of the meeting will be available for review on the BCBA web-site.
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October 2015
ITINERIS: THE BCBA 2015-16 DESIGNATED CHARITY by Laurie Wasserman
Each year, the President of the BCBA is tasked with selecting an organization to be the recipient of proceeds from our charitable events, including the Young Lawyers Section’s Bull Roast. This year, BCBA President Hon. Vicki Ballou-Watts selected Itineris, which means “the journey" in Latin. Itineris is an organization committed to providing opportunities for individuals with Autism Spectrum Disorder (ASD) so that they may participate meaningfully in all aspects of adult life.
Five years later, Itineris now serves 60 clients. Itineris prides itself on being a creative and forward-thinking agency that appreciates and honors the preferences of each individual while understanding the unique profile generally associated with autism. Itineris embraces the preference for visual presentation of information, and provides structure, stability, and predictability in an ASD adult’s daily life. They focus on each individual's career goals and optimize their strengths and talents, while also providing skills focused on living independently.
For children with autism, information, research, and services focus primarily on early intervention. However, there is little progress in these areas for adults with autism. Adults with autism face challenges finding support with employment, social relationships, and skills of daily life. Itineris is tasked with helping chart the journey for adults with autism.
One interesting feature of Itineris is its Creative Art Program, which has clients making and selling custom art, including shabby chic furniture and décor, micro-paintings, painted pots, and handmade cards. If you want to check out some of their products, look on http:// madebyitineris.blogspot.com/. The BCBA hopes to feature some of this art at events, such as the Holiday Party.
Itineris began when a group of parents and professionals, referred to as The Founders of Itineris, decided to meet monthly to talk about the challenges ahead for adults with autism and pledged to form a plan to combat those challenges. Together, they visited funded agencies in Maryland that worked with the ASD population. They saw first-hand that young adults were prone to losing some of the academic, social, and communication skills that they worked diligently to learn in school. Few adults with autism were employed and many were receiving services from agencies that just did not understand their needs. The Founders of Itineris realized that if they wanted a state-of-the-art, autism-specific, adult agency in the greater Baltimore area, they needed create it.
The Advocate plans to continue to highlight information about Itineris throughout the year, including its programs and success stories. We look forward to working with Itineris and supporting this wonderful cause.
Please see page 14 of this issue for a “Wish List” of items needed by Itineris. You may drop items off at the Bar Office.
In 2010, seven years after The Founders of Itineris first met, the organization opened its doors to its first client. THE ADVOCATE
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October 2015
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October 2015
COURT NOTICES
The Scoop on What’s New at Family Support Services by Magistrate Catherine F. Woods On October 1, 2015, new Maryland Rule 9-205.3 relating to Custody and VisitationRelated Assessments takes effect. The Rule provides, in pertinent part, that where feasible, the evaluator shall observe the child with each party whenever possible in that party’s household. As such, beginning in October (if not sooner) evaluators from Family Support Services will be meeting with parties and the children (if practicable) in each party’s home during the course of any court-ordered Child Access Evaluation (“CAE”). This home visit will only be a requirement for Family Support Services’ social workers if a party’s home is within a thirty (30) mile radius of the court house. At present, the Office has one part-time and three full-time social workers to perform the evaluations. For fiscal year 2014 (July 1, 2014 through June 30, 2015), 93 CAE’s were referred to the Office and 63 evaluations were completed. Some evaluations are no longer needed because the parties reach an agreement, dismiss their case or are so uncooperative the Order is vacated. The new requirement will have an impact on the amount of time evaluators have to investigate and complete cases; accordingly, Family Law Administrator, Richard Abbott, has requested an additional full-time position, hopefully to commence in July of 2016. In the interim, a contractual part-time evaluator’s position is expected to be filled by October, 2015. On another front, the Visitation Center will be open to receive supervised visitation cases on Saturday afternoons at noon and 1:15 PM beginning in September. The weekend day will be in addition to the evening hours it currently operates. Lastly, it should be pointed out that if attorneys believe that they have a case that falls under the purview of the UCCJEA (i.e., there is a current case pending in another state), then counsel should contact Richard Abbott directly (410-887-6578 or rabbott@baltimorecountymd.gov) to advise of the status of the matters and to provide as much information as possible regarding the active out-of-state case. The case will then be referred to either Judge Cavanaugh or Judge Jakubowski for a determination as to the proper jurisdiction.
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Circuit Court for Baltimore County Law Library News
Database Updates Hein Online has added new journals to its Law Journal Library Database. As the school year begins, don’t forget to look for these titles: Homeland & National Security Law Review, Journal of Law and Courts, and Tax Policy and the Economy. Hein Online has also updated its Law Journal Library Database with the most current issues of existing titles. Featured updated titles include: American Bankruptcy Law Journal, Children’s Legal Rights Journal, Federal Circuit Bar Journal, and Journal of Health & Biomedical Law.
Collection News We have recently reorganized the Law for Laypeople Section of our Library Collection. This collection is kept at the Reference Desk and covers a wide range of topics, such as family law, elder law, and employment law. We have relocated the Consumer Credit and Sales Legal Practice Series to the last column of this section. This series is a great starting point for consumer bankruptcy issues, student loan questions, and consumer protection information. We are constantly updating our collection of Legal Disks. We have just added the ABA Property Tax Deskbook disk for the newest edition of this treatise (the 19th Ed.) Please stop by the Library’s Reference Desk for checkout information.
New Titles MEDICAL TOXICOLOGY OF DRUG ABUSE: synthesized chemicals and psychoactive plants / Barceloux, Donald. - Hoboken, NJ: Wiley and Sons Inc. 2012. REF R 615.5 .M42 NFPA 54 NATIONAL FUEL GAS CODE - Quincy, MA: NFPA, 2014. KF 5704.5 .N4 NFPA 58 LIQUEFIED PETROLEUM GAS CODE - 2014 ed. - Quincy, MA: NFPA, 2013. KF 5704.5 .N5
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October 2015
MAGISTRATE JACQUELINE E. DAWSON by Judge Susan Souder and Matthew I. Wyman On August 30, 2015, friends and family of Magistrate Jacqueline E. Dawson gathered for a memorial service to celebrate the extraordinary life of one of the great Baltimore characters of our time. The crowd was so large that even an overflow room at Goucher College was almost at capacity. It was truly a huge outpouring of love for someone who meant so much to the Baltimore County legal community. Despite the chapel setting, her favorite drink (Maker’s Mark Bourbon) and favorite word (it rhymes with “buck”) were well represented, and many a laugh was had in her honor.
County Bar Association’s Judith P. Ritchey award for her contributions to that bar association. In addition, Jacquie has been a loyal and active member of, and the President, of The Women’s Bar Association of Maryland. She served on and chaired Judicial Selection Committees for the WBA interviewing candidates and making recommendations to the governor for judicial appointments. She recruited, encouraged and assisted many women to apply to be masters and judges. She energetically networked throughout the state bringing women legislators, judges and attorneys together to advance the interest of equality for all. Jacquie served with a style and flair all her own. Never compromising her commitment to reaching a just result promptly, Jacquie nevertheless sought to put litigants at ease so that no one was too nervous to tell his or her story. She was especially compassionate in interviewing child witnesses in family cases. Her direct, no-nonsense manner in juvenile matters was efficient and effective.
A life-long Baltimore County resident, Jacquie graduated from Dulaney Valley High School, York College of Pennsylvania, and the University of Baltimore School of Law where she met her husband of 38 years, Judge Steven Wyman. She worked at the Maryland Human Relations Commission and then as a Staff Attorney at Union Memorial Hospital handling EEO Act matters.
Magistrate Dawson was a welcome sight to young lawyers entering her courtroom. Off the bench, her door was always open to meet with lawyers and offer helpful suggestions about the practice of law, parenting, navigating the Courthouse or life generally, especially while enjoying a diet Coke (she preferred it from the McDonald’s fountain). She was generous with her time, knowledge and humor and mentored many women attorneys.
Jacquie went on to become a Public Defender in Baltimore County and also a private practitioner focusing primarily on family law and criminal matters. In 1993, Jacquie became a part-time Domestic Relations Master for the Baltimore County Circuit Court; and later, she became a fulltime Master handling both family and juvenile matters. Recently, her title was changed to Magistrate. She was also an associate professor at Villa Julie College (now Stevenson University) for a number of years, teaching family law in the paralegal program.
Jacquie worked hard to know the law, and to apply the rules fairly to everyone before her. Most importantly, despite her devotion to serious work and important issues, Jacquie never took herself too seriously. And in that way, she was a great role model for all of us.
As a member, and the President, of The Baltimore Women’s Bar, Jacquie devoted herself to recognizing the achievements of women judges who were rare when she began practicing law. One of the judicial portraits on which she worked was that of Master Judith P. Ritchey. It was fitting that in 2015, Jacquie was awarded the Baltimore THE ADVOCATE
There are many stories which would easily demonstrate what a character Jacquie was. Readers are encouraged to share such stories with one another as the best tales lose something in a public telling. Also, if you knew Jacquie, you’d Page 10
October 2015
MAGISTRATE JACQUELINE E. DAWSON Continued
know that the irreverent language would be inappropriate for this publication. Marie Cooke suggested an apt description of what a fun person Jacquie was – “she was the kind of person who would rather be someone’s shot of whiskey rather than everyone’s cup of tea.”
Tyler Wyman (Lisa) of Garmisch, Germany. She is also survived by her beloved cockapoo, Bosley (named for the road on which she worked for most of her career) who was by her side every second of her battle with cancer. A Committee has been formed to commission a portrait of Jacquie for the Courthouse. Contributions may be mailed to, Committee for Jacqueline Dawson Portrait, c/o Arthur Frank, Esquire, 101 E.ast Chesapeake Avenue, Suite 100, Towson, Maryland 21286.
Jacquie is survived by her husband, The Honorable Steven D. Wyman of the Baltimore County District Court, her son Matt Wyman (Liz), who practices law in Towson, her daughter Kendall Wyman (Trevor) of Charleston, SC, and her son
Memorial & Recognition Committee Annual Memorial Service November 19, 2015, 3:30 p.m. Ceremonial Courtroom No. 5 Those who will be remembered include Gary D. Schenker C. Daniel Held William J. Blondell Jr. H. Thomas Howell John L. Calhoun Thaddeus J. Hense Lynn C. Golberg John E. Raine III Frederick Steinmann Frances M. Angelos William Leon Kirk J. Michael Recher John Wilmer Conrad III Emily Miller Rody Magistrate Jacqueline E. Dawson
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If there is anyone else who should be included on this list, please notify Doris Barnes at the Bar Office immediately, thank you.
This year, we will adjourn to Café Troia located at 28 Allegheny Avenue in Towson for an opportunity to spend additional time with the family, friends and colleagues of our fallen brethren. We are looking for sponsors to provide refreshments. If you are able to do so, it would be greatly appreciated. Individuals are certainly welcome to support this as well. Please make checks payable to the BCBA and mail or drop off checks to the Bar Office. In advance, thank you. Any unspent funds will be set aside for the next service.
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HISTORICAL PERSPECTIVES: by Jeffrey R. Scholnick Did you know that the Baltimore County Bar Association will be 100 YEARS OLD in 2020? “A meeting of the Baltimore County Bar Association was held at Hotel Towson on st Friday, May 21 , 1920. There were twenty-two members present and dinner was served.”
Elmer Cook, BCBA First President
So begins the first entry from the Minutes of the BCBA meetings, 95 years ago.
release and not a penny less. It is clear that one of the main early functions of the Bar was to regulate the fees charged by members of the Bar; The Hotel Towson, where this meeting occurred, had it's own fascinating story. Built in 1768 by Ezekial Towson, it was the only place for farmers and merchants to stop on the York Turnpike as they traveled south to Baltimore markets in the late 1700s and early 1800s. The Hotel Towson was located in the 500 block of York Road, probably on the same spot as the Towson Tavern is presently situated.
Here are some interesting facts about that first meeting and a couple of interesting pictures. 1. There were only 22 BCBA members at that first meeting; 2. Dinner was served prior to the meeting (even before the annual January Gala, these men knew that dinner would make for a more successful event); 3. According to the notes from the May, 1921 Second Annual Meeting, there were a total of 27 members of the BCBA in that first year; 4. The May, 1921 report indicates that BCBA dues were only $1.00 per annum; 5. The only bill that was paid by the BCBA during the whole first year of operation was $20.25 to a commercial printer to print the Constitution & ByLaws; 6. The Treasurer's Report in May, 1921 gave the balance in the BCBA account as a whopping $6.75; 7. The main topic of discussion at the meeting, after the election of officers, was setting the fee to be charged for "corporate equity releases." All members of the BCBA were required to charge $3.00 for each
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The Hotel was razed in 1929. The Hotel also offered a meadow for the farmers' cattle on their way to market. "It could be said that many a head of cattle enjoyed it’s last meal" at the Hotel Towson, Towson and the Villages of Ruxton and Lutherville ,Gunning and O'Donovan, Arcadia Publishing, (1999), p. 21. As we are less than five years until the 100th anniversary of this great Bar Association, I hope to continue to write articles about interesting members and milestones in our organization. I hope you find them interesting.
Photos courtesy of the Baltimore County Public Library's Legacy Web.
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THE PROFESSIONALISM COMMITTEE PLANS by Michael S. Barranco The Professionalism Committee met on July 22, 2015 to plan its activities for the upcoming year. The Committee Chair this year is Carolyn H. Thaler and Vice-Chair is D. Jill Green. The Committee will usually meet on a monthly basis.
program will be appear in future editions of the Advocate and in other Association communications. The Committee is also planning CLE programs, some of which will be co-sponsored with other committees, relating to the topics of professionalism, legal ethic and best practices. Already planned is a brown bag lunch program on the subject of Adoption, co-sponsored with the Family Law Committee. That program is on November 18, 2015 from Noon to 1 pm at Mezzanine 8 of the County Court's Building, featuring speakers, Circuit Court Judge Ruth Jakubowski, Wendy Sawyer, Director of Office of Family Mediation, Carolyn Thayer and Margaret "Peggy" Swain. Please see the flyer for full details and how to sign up to attend. The Committee is interested in hearing input from all Members with respect to other program topics.
Each year the Committee is responsible for soliciting nominations for the J. Earle Plumhoff Professionalism Award which is presented at the Annual Black Tie Banquet. The 2015 recipient of the award was Herbert R. O'Conor, III. One goal of the Committee this year is to encourage a large number of members of the Association to consider nominating a deserving recipient. The Committee plans to publicize the nomination criteria and nomination deadline earlier in the year and through various forms of communication, including The Advocate, the Association's website and email communications. The criteria for the award and information on how to nominate an eligible member is below this article. Although the nomination deadline is December 1st, the Committee is encouraging members to submit nominations as early as possible. An exciting new initiative of the Committee this year is to develop a Mentoring Program to elevate the competence, professionalism and success of young lawyers in the Association through positive mentoring relationships. Details of this mentoring
U p c o m ing Even ts December 3
Holiday Party
December 17
YL Holiday Luncheon
January 28
Black-Tie Banquet
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October 2015
J. E A R L E P LU M H O F F PROFESSIONALISM AWARD NOMINATIONS 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. Recipient of this award must be: A
Baltimore County Bar Association member at least 5 years; Have
made professional contributions to Baltimore County Bar Association activities; Have
made contributions of time and resources that have gone largely unnoticed; and High
marks for dignity, integrity and civility.
Nominations should be sent to the Bar Office. Deadline for submission is December 1st .
Recipients of this award include:
The following items are needed by Itineris, this year’s BCBA-designated charity. Please feel free to drop your donations off at the Bar Office and they will be delivered. In advance, thank you for your generosity. White paper 20 sets of noise cancelling Head phones (for music and for noise control) Fitness items (Balls, medicine Balls, light weights, bands, et.) Calculators Cleaning supplies Art Supplies Batteries (All sizes) Cooking supplies (Measuring cups, Pans, pots, Baking sheets) Flour, sugar, salt, sprinkles (basic cooking supplies) Board games Extra Lap tops (2) Ipads (2) vacuum Video camera Karaoke machine Bikes/Adult tricycles Padding for resource room
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Fake register and scanner Fake food (fruit, cans , etc.) Stress balls Laminator (Industrial sized) Laminate Sheets Board Maker Velcro Index Cards Yellow Hi-liters Papermate Color Pens Large PECS Communication books Extra Sentence Strips Extra Insert Pages Small PECS Communication books Extra Insert Pages ASL computer program? Single hole puncher Index cards Magic markers Colored pencils A large paper shredder
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1984
Myles F. Friedman
2003
Richard A. Reid
2005
Leon Berg
2006
Keith R. Truffer
2007
Carolyn H. Thaler
2008
Jennifer B. Aist
2009
Christopher W. Nicholson
2010
Kristine K. Howanski
2011
Harris J. “Bud” George
2012
Mary Roby Sanders
2013
Robert L. Hanley Jr.
2014
Judge Robert J. Steinberg
2015
Herbert R. O’Conor III
October 2015
THE PROFESSIONAL LAWYER PAY FORWARD THE LESSONS OF PROFESSIONALISM by Keith R. Truffer Example: Olden Wise, Esquire considers himself very fortunate to have had a great mentor when he was a young lawyer. That mentor showed lawyer Wise not only how to properly try a case and to operate a law practice but what it means to always conduct one’s self as a professional. Wise never forgets these lessons which have guided his success and his satisfaction as a lawyer. For these reasons, Wise always takes the time, by word and example, to help pass along to younger lawyers the lessons of civility, of integrity and of professionalism. IDEALS OF PROFESSIONALISM, approved by the Maryland Court of Appeals: Education, Mentoring, and Excellence A lawyer should: (4) as a senior lawyer, accept the role of mentor and teacher, whether through formal education programs or individual mentoring of less experienced lawyers; and (5) understand that mentoring includes the responsibility for setting a good example for another lawyer, as well as an obligation to ensure that each mentee learns the principles enunciated in these Ideals and adheres to them in practice.
Comment: “We rise by lifting others.” Robert Ingersoll As lawyers, so many of us were privileged to have been guided by an experienced mentor when we began to practice law. That mentor was the example of what a good lawyer should be and how one acted. He or she redirected us to the right course when inexperience, indecision and self-interest may have caused us to look elsewhere. By mentoring others, we affirm the principles of professionalism and promote their continuation for the benefit of our profession, ourselves and our community. Plus, it’s a nice way to pay back that mentor who was so interested in our development.
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October 2015
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.
Bill 61-15 – Medical Cannabis – Bill 61-15 regulates the location of State-licensed medical cannabis growing, processing, and dispensing facilities in certain zones of the County. The Bill was introduced by the Council in response to State legislative action over the last several years that decriminalized the use or possession of marijuana, and authorized the use of marijuana for medical purposes. The State program now allows for the approval, licensing, and registration of growers, processors, and dispensaries. The program establishes a framework to certify physicians and qualifying patients (and their caregivers) to provide medical cannabis legally under State law. The Maryland Medical Cannabis Commission has issued proposed regulations and may be prepared to begin accepting license applications in the very near future. Bill 61-15 provides definitive rules and regulations concerning where these facilities may locate by allowing dispensaries only in certain business zones, and allowing growing and processing facilities only in the manufacturing and agricultural zones of the County, with certain restrictions. The goal of these rules and regulations is to help make medical cannabis available to those who need and could benefit most medically, while also alleviating concerns of those who may be wary of its impact on local areas of the County.
Recent items of interest considered by the Council at its September 8, 2015 Legislative Session include the following: Bill 55-15 – Local Government Tort Claims Act Amendment – Bill 55-15 increases the limits of liability under the Local Government Tort Claims Act. The Bill increases the limits from $200,000 to $400,000 per individual claim, and from $500,000 to $800,000 for total claims arising from the same occurrence. This Bill is necessary due to the Maryland General Assembly passing legislation in 2015 that increased the limits of liability. The Bill applies prospectively to causes of action arising on or after the Bill’s October 1, 2015 effective date. Bill 60-15 – Energy Conservation Devices – Bill 60-15 increases the annual limit on the amount of tax credits that may be granted for energy conservation devices. In 2010, the Council approved Bill 82-10 which authorized a credit against the County property tax imposed on a residential structure that utilizes a solar energy or geothermal device for heating, cooling, generating electricity, or providing hot water. The amount of the credit is the lesser of 50% of the eligible material and installation costs, or $5,000 for a heating system or $1,500 for a hot water supply system. The total tax credits granted per fiscal year could not exceed $250,000. Bill 60-15 increases the limit to $750,000. THE ADVOCATE
Appointment – The Council confirmed the appointment by Chairwoman Cathy Bevins of Mr. Jason S. Garber to the Baltimore County Board of Appeals. Mr. Garber is an attorney with the Towson firm of Moore & Jackson. The Board of Appeals is an important appellate body for reviewing administrative appeals in County Government. The Council offers its sincerest congratulations to Mr. Garber on his appointment.
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October 2015
TECHNOLOGY TIPS by Robert K. Erdman Jr.
It’s one of those words that can make even a seasoned professional’s blood run cold.
And this list grows by the second as Silicon Valley churns innovation after innovation.
My grandfather would always joke that he needed a 5-year old to program his VCR. (A note for Millenials – “VCR” stands for Video Cassette Recorder – it’s how we used to watch movies at home. State-of-the-art technology in my grandfather’s eyes.)
The fact remains – just as smartphones (hypothetically) make our lives easier and more efficient, other kinds of technology – apps, websites, software, etc. – can have the same impact on our law practices.
Although his exaggeration was meant to elicit a chuckle, he was on to something. The older we get, the more scared we are of technology. More accurately stated, the older we get, the more scared we are of change. “There can’t possibly be a better or more efficient way to accomplish ‘X’”, we naively assure ourselves. But the fact of the matter remains, if we can’t keep up, we will be left behind.
Each month, a different author will use this column to provide information as to how technology can help you, and your practice, keep up with technology – whether it be learning what the “cloud” is, getting your office ready for the Maryland Electronic Courts (MDEC), or effectively using social media platforms to grow your practice. The end goal is to make technology less intimidating, and more useful and productive.
I was in college when the one of my friends became the first of our group to own a cell phone. He was showing me all of the special features it had. “Check it out,” he said, “I can put my phone on silent, and it will vibrate if someone calls me.”
As we’ve already seen how smartphones have simplified our lives, it makes sense to now explore how they can improve how we practice law. Below are a few apps that are designed to solve problems we all experience.
Mind blown!
Dropbox. If you use more than one device (computer, tablet, phone, etc.), Dropbox is a single, secure place – think of it as a mobile “My Documents” folder – for you to store all of your files (documents, photos, spreadsheets, etc.) that can be accessed on all of your devices. You no longer have to remember to email yourself the most recent version of your cross examination outline, or save your closing to a USB thumb-drive to bring home with you. With this app, you can save your opening in Dropbox on your work PC, and then have the ability to open and manipulate it at home on your tablet or smartphone. Dropbox Basic is free, and starts you with 2 GB of free space, with the ability to earn up to 16 GB of additional space through referrals.
Seriously, though, take a second to think about all of the “things” that have gone the way of the buggy whip thanks to your smartphone. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.
Landlines Flashlights Rolodexes Newspapers Calendars Magazines Compasses Cameras Notepads Voice recorders Calculators Watches Alarm clocks Stopwatches Mail Wallets Maps GPS devices Radios “Walkmen” Record stores Record collections Weatherpersons Photo albums Remote controls to our TVs Scrabble
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Genius Scan. This free app turns your phone into your personal scanner. Genius Scan uses the built-in camera capabilities of your smartphone to allow you to quickly scan documents on the go into JPEG and PDF formats. With this app, you will always have the ability to get yourself a digital copy of a pertinent document, be it the receipt from lunch, or a Marital Settlement Agreement. Fastcase. This is probably the best FREE legal research app available. Fastcase literally puts cases and statutes from all 50 States and the Federal system in the palm of your hand. This app will let you to instantly check the statute cited by opposing counsel from the courtroom, or to search for that last-minute case.
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October 2015
FAMILY LAW KICKS OFF THE BAR YEAR WITH ANNUAL MEET & GREET by Anna Walsh On September 9, 2015, the Family Law Committee of the Baltimore County Bar Association held its annual Meet & Greet the Family Law Judges and Masters (oops, Magistrates) dinner at the Towson Golf & Country Club. The event was well attended by almost 70 members of the Bar who were eager to catch up with one another and chat with the impressive number of judges and magistrates who turned out for the event.
ponement requests for hearings should go to the Assignment Office and from there will be sent along to Judge Jakubowski. Some other Do’s and Don’ts to keep in mind:
The evening began with the intrepid Doris Barnes, Executive Directive of the BCBA, reining in the crowd with a little assistance from the Hon. Vicki Ballou-Watts. Chair of the Family Law Committee Sondra Douglas then welcomed the attendees and announced upcoming CLE events that the Committee would be presenting, including an October 22nd talk by State Senator Robert (Bobby) Zirkin on family law legislation to be considered in the upcoming legislative session.
DO read the DCM Plan, which was amended in April 2015.
DON’T just show up at the chamber’s judge’s office with an ex parte petition. Call chambers and provide the judge with copy of the pleading in advance.
DO call the Assignment office as soon as possible if a case settles so that they can make changes to the docket accordingly. DO bring child support guidelines and 9-207s to Settlement Conferences. DO be aware that there is a new policy for Pendente Lite hearings – they will be scheduled for no more than a half day. If you need more time than that, you must submit a request in writing and have a darn good reason for requesting the additional time.
Judge Vicki Ballou-Watts, Attorneys Sally Gold and Sondra Douglas, and Judge Sherrie Bailey
The Hon. Ruth Ann Jakubowski next took the podium to share some of her “do’s and don’ts”. It seems that since Judge Jakubowski has taken on the role of Family Law Coordinating Judge, her incoming mail has increased dramatically as attorneys have begun sending their postponement requests directly to her. That’s a “DON’T.” PostTHE ADVOCATE
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Sondra Douglas extended thanks to Mary Sanders for all her excellent work on the Family Law Committee and to her current Vice-Chair, Angela Silverstein. Debra Thomas of the Entertainment Committee (who knew?) reminded everyone of the upcoming Ravens Tailgate on October 11th before the game against Cleveland, and the UB School of Law Alumni Golf Tournament to be held on September 18th. The Hon. Vicki Ballou-Watts (the unofficial photographer of the event) thanked Sondra Douglas for her service as Chair of the Family Law Committee and reminded folks of the Bar Association’s Bar Year Kick-Off Party at the Greene Turtle on September 10th. As always, the event was an unmitigated success.
October 2015
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October 2015
AWESOME events! Hope you were able to be there!
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October 2015
P R O G R A M & E V E N T R E G I S T R AT I O N F O R M Please return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204 with a check or credit card info; fax to 410-823-3418, or REGISTER ONLINE at www.bcba.org. PLEASE register me for the following programs/events: Registration Fee: Member Non-Member October 1, Family Law: Limited Representation
$10
$20
October 13, Estates & Trusts Happy Hour Kick-Off October 14, Criminal Law Program: Recent Appellate
FREE
$20
Evidence Decisions w/Judge Murphy
FREE
$20
October 21, Overview and Update on the New MD Trust Act
FREE
$20
October 22, Family Law Legislation w/State Senator Zirkin October 29, Smart Phone Forensics and Data Recovery
$50 FREE
$60 $20
November 4, Redevelopment in Urban Centers
$50
$60
November 10, Understanding Field Sobriety Test November 10, Family Law Dinner
$10
$20
November 12, MDEC in Baltimore County
FREE
$20
November 17, Commercial Leasing - Current Trends
FREE
$20
November 18, Adoption: New Procedures
FREE
$20
December 1, The New DCM
$10
$20
December 9, Criminal Law Program
FREE
$20
December 15, Special Needs Trusts and ABLE Accounts
FREE
$20
Name(s) Telephone City Email Menu Choice (if applicable)
Address State Zip Amount Enclosed
Name on C/C Today’s Date Billing Address City State Zip Email Amount authorized MC/Visa/Discover/American Express Card No. Expiration SEC# (on back of card) Signature____________________________________________________________________________
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October 2015
Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns
Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family
WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. 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 JUDGE PHILIP N. TIRABASSI 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 410-512-2053 410-337-5291
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October 2015
COMMITTEE REPORTS All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found the website at www.bcba.org.
BANKRUPTCY—Chapters 7 and 13 1-800-BANKRUPT Law Office of Nicholas J. Del Pizzo, III, P.A. STOP
Foreclosures Wage Garnishments Vehicle Repossessions Creditors Calls Judgments Lawsuits Free Consultation – Payment Plans
We are a Debt Relief Agency servicing all areas of Baltimore County, Baltimore City and Harford County – Over 1,000 cases filed.
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October 2015
The Baltimore Carroll Chapter of the Women’s Bar Association of MD, Inc. “ANATOMY OF A TRIAL” A six-part lecture series on trial practice Lecture 1: Pleadings and Preliminary Motions Featuring Mary Koch, Esq. Murphy, Falcon & Murphy & The Honorable Charles J. Peters Circuit Court for Baltimore City Thursday, October 15, 2015 12:30 p.m. – 1:45 p.m. University of Baltimore School of Law Moot Court Room 1420 N. Charles Street Baltimore, Maryland 21202
The series, “Anatomy of a Trial”, will take participants through all phases of trial, from filing and answering the complaint to jury instructions and closings. The lecture series will be presented using PowerPoints and a fact pattern to give context to the discussions. The presentations, as well as sample pleadings, will be available via a Dropbox link after each lecture. Experienced members of the Bar will provide practice pointers, and Judges will offer their insight on the topics. While participants can attend all of the lectures, each session will be a stand-alone lecture. For more information, and to register, please contact Hope Tipton, Esquire BCCWBA President 410-396-3109 (Office) 410-396-5955 (Fax) hope.tipton@mdcourts.gov
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October 2015
V O LU N T E E R S N E E D E D
J
oin Baltimore County’s finest members of the Judiciary and Bar on November 13, 2015 and/or April 15, 2016, as the Public Awareness & Speakers Committee embarks on the third year of bringing the ABA-initiated Civics & Law Academy to Baltimore County Public School students. Each Academy is held at one of the beautiful Community College of Baltimore County campuses, and serves students from five area high schools each, bringing more than 100 students together at each Academy to emphasize the importance of knowing and understanding their basic Constitutional Rights, in a format that is both engaging and entertaining. Volunteer faculty are provided the curriculum, as well as presentations and handouts. This is an inspiring way to reach out to the young people in our communities at this crucial stage of their lives.
Y
ou really can make a difference! To volunteer as faculty for one of these sessions, or for more information, please contact Lisa Y. Settles (410-339-5783; lsettles@pklaw.com), Chair of the BCBA Public Awareness & Speakers Committee.
Any Baltimore County high school student, or BCBA Members’ child(ren) (if in another jurisdiction) are eligible to submit an essay based on the ABA-designated theme, Miranda, More Than Words Details of the contest, criteria, and deadline can be found on our website under the Law Day Committee Report. THE ADVOCATE
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October 2015
AMERICAN BAR ASSOCIATION STATE DELEGATE REPORT - MARYLAND by Barbara Kerr Howe The American Bar Association convened for its 137th Annual Meeting in Chicago, Illinois, on July 30 – August 4, 2015, and it was truly “Greatness In Every Direction”. The meeting included diverse CLE sessions and showcase programs, networking opportunities, and discussion of important issues facing our profession, country, and system of justice.
inspiring remarks, she acknowledged the ABA’s role in being at the forefront of efforts to strengthen the legal profession, enhance the administration of justice, and ensure the rule of law.
The ABA General Assembly was revitalized. It began with a processional of State Delegates leading their delegation with state/territorial flag in hand, highlighting the global importance of the Association and its founding by state leaders. Also, ABA President William C. Hubbard recognized former ABA President, Roberta Ramo Cooper, as the 2015 recipient of the ABA Medal. The keynote speaker for the event was U.S. Attorney General Loretta Lynch. In her The House of Delegates held a two-day session. The House amended various sections of the Association’s Constitution and Bylaws that altered the composition of the House of Delegates, the Nominating Committee, and the Board of Governors. Also, new policies were adopted and issues on an array of topics were addressed – including the courts, criminal justice, cybersecurity, disability rights, domestic violence, election law, individual rights, international law, legal education, legal services/pro bono – and the discussion included a riveting “Ted-style” panel presentation on the future of the profession and legal services. Other topics that were addressed included litigation, medical professional liability, paralegal education, youth at risk, and taxation. Some of the actions of the House are summarized as the “Top Story” in the current edition of theABA Washington Letter, the electronic publication that is a service of the ABA Governmental Affairs Office in order to provide up-to-date information on federal legislative issues to national, state and local bar leaders. The latest version can be viewed here.
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October 2015
ABA STATE DELEGATE REPORT - MARYLAND Continued
John G. Levi of Illinois, Chairman of the Board of the Legal Services Corporation, addressed the House and acknowledged that the role the ABA has played in helping found and support LSC is indispensable. The Daily Journal of the actions of the House of Delegates can be found on the House of Delegates' website. The Select Committee Report is a more comprehensive summary of all of the activities of the House, including copies of reports and resolutions, summary of action on each, and video of some of the debate, remarks and presentations. By the conclusion of the Annual Meeting, results for the Delegate-at-Large election were announced. The House elected its officers and members of the Board of Governors and welcomed its newly elected officers: President, Paulette Brown of New Jersey, the first African American woman to hold this office; and President -Elect, Linda A. Klein of Georgia. Please visit the ABA Home page to see the most current news on issues impacting our profession as well as your practice, especially how you can help make a difference. Your commitment to the ABA makes a difference. I ask that you encourage other lawyers, especially those recently admitted to the bar, to join the ABA. Explain why you’re a member and the benefits you’ve found in ABA membership. In addition to the ABA’s work on behalf of the legal profession, membership in the ABA and its Sections, Divisions and Forums assists you by providing comprehensive resources -- focused on your areas of practice. Through ABA Member Advantage, the benefits discount program open exclusively to ABA members, you can find products and services of value for your
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October 2015
CRIMINAL LAW UPDATE by Robert C. Lidston The September Amicus features a Court of Appeals decision on discharging appointed counsel, and decisions from both the Court of Appeals and the Court of Special Appeals on search and seizure. State v. Westray, No. 74, September Term 2014, filed August 27, 2015 (Per Curiam Opinion). Westray was indicted for burglary and theft. In pretrial motions, he made clear his dissatisfaction with his assigned public defender, said he would rather represent himself than have that attorney, and told the court that he wished to hire private counsel. The judge advised him in detail of his right to counsel and the advisability of having counsel. The public defender told the court that he had no doubt that Westray was competent and acting voluntarily. At the end of the hearing, the judge granted Westray’s motion to discharge his public defender but found that his reasons for the discharge of his counsel were without merit. The judge did not explicitly find on the record that Westray knowingly and voluntarily waived his right to counsel.
Three weeks before his trial date, Westray filed a motion for the appointment of a pro bono attorney, informing the court that he was financially unable to retain a private attorney. His motion was denied after a hearing and the judge stated that he was unsure whether he even had the authority to appoint a pro bono attorney. Westray then represented himself at trial and was convicted on 21 of 22 counts. He appealed to the Court of Special Appeals, which reversed, holding that the trial court failed to comply with the requirements of Maryland Rule 4-215(b) that the court determine and announce on the record that a defendant knowingly and voluntary waived counsel. COSA also noted that the trial judge did not abuse his discretion when he declined to appoint substitute counsel. The Court of Appeals reversed COSA. It held that a defendant must make a contemporaneous objection to a trial judge’s failure to determine and announce on the record that the defendant waived his right to counsel pursuant to Maryland Rule 4-215(b) in order to preserve the issue for appeal. The court noted that it may be unfair to require a lay defendant, who acts pro se, to make a contemporaneous objection. However, the Court pointed out that Westray was represented by the assistant public defender at the time that the objection would have been appropriate. The Court noted that a trial court has inherent authority to appoint counsel as necessary to perform its constitutional function. It stated that a trial court may need to invoke this authority when the Office of the Public Defender is unavailable to represent a defendant who has a constitutional right to the appointment of counsel by the State. The Court made clear, though, that a trial court has no obligation to appoint counsel pursuant to its inherent authority when it finds that an indigent defendant lacks good cause to discharge his previously assigned counsel. Varriale v. State, No. 85, September Term 2014, filed August 11, 2015 (opinion by Greene, J.). Varriale voluntarily consented to a search of his
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October 2015
CRIMINAL LAW UPDATE Continued from page 28 person by buccal and penile swabs to obtain a DNA sample for a rape investigation. He signed a Consent to Search form, stating that he consented to the search of his person for "saliva" and "penile swabs" and that he understood that any evidence collected from the search could be used "in any future criminal prosecution." The DNA sample obtained indicated that he did not commit the rape under investigation. However, the sample was uploaded to the DNA data base and an automatic search revealed a match to a DNA profile from an earlier burglary scene. Varriale was prosecuted for that burglary and sought to suppress the DNA evidence, arguing that its use in a comparison search of the data bank went beyond the scope of his consent and, thus, was an unreasonable search in violation of the Fourth Amendment. His motion was denied. Varriale then entered a conditional guilty plea to the burglary, reserving his right to appeal the hearing judge’s ruling on the motion to suppress. Varriale did appeal to the Court of Special Appeals. COSA affirmed the conviction, holding that the use of his DNA in an unrelated investigation was not a search for the purposes of Fourth Amendment.
place an express limitation on his consent constituted a waiver of any privacy interest in his DNA that he might otherwise have retained. Therefore, the State was not prohibited from utilizing the DNA in subsequent criminal investigations. Peters v. State, No. 1800, September Term 2013, filed August 26, 2015 (opinion by Eyler, Deborah, S., J.). Two men attacked the victim as he was entering his apartment. The victim knew one man as "Ty" but did not know the second man. The second man was armed with two guns and shot the victim. The victim’s girlfriend had just ended a visit with the victim and while she was in her car on the parking lot of the apartment building, she saw two men in black wearing masks run out of the victim’s Continued on page 30
The Court of Appeals affirmed COSA’s finding. It held that, absent an express limitation on the use or storage of the DNA, the use by the State of that DNA evidence in an unrelated subsequent investigation was not unreasonable. The Court examined the totality of the circumstances to determine the scope of Varriale’s consent. It was undisputed that he had made no express limitation indicating that his consent was limited to, or conditioned upon, the DNA evidence being used exclusively in the rape investigation. Nothing in the record indicated that police represented to him what would happen to his DNA after the analysis needed for the rape investigation. The Court held that the Fourth Amendment would not apply to the subsequent use of Varriale’s DNA, because an individual does not have a privacy interest in his identifying information contained in his DNA, much like fingerprints. Additionally, Varriale’s failure to
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October 2015
CRIMINAL LAW UPDATE Continued from page 29 apartment building and into one of two other buildings in the same complex. She entered the victim’s building and found him. Police soon arrived and, based on information from the victim and his girlfriend, established a perimeter around the two other apartment buildings. SWAT officers conducted a systematic search of the apartments in the two buildings. At each apartment, officers knocked on the door, demanded entry, and if there was no response, opened the door with a battering ram. Apartment occupants were held outside in buses. Police searched twelve apartments in the first building without finding anyone named "Ty." They then searched nine apartments in the second building without success when they demanded entry into the tenth apartment. That apartment was occupied by "Ty" and by appellant Peters. Police searched that apartment, knocked off a
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grate covering a vent next to the shower, and found a black ski mask which was wrapped around two guns. Police then applied for a search warrant for that apartment, citing the presence of the guns as probable cause. A warrant was issued and the guns and ski mask were seized. Peters was charged with attempted murder. He moved to suppress the guns and ski mask as having been obtained during a Fourth Amendment violation. This motion was denied by the circuit court on the basis of exigent circumstances and inevitably discovery. He was later convicted of attempted murder. The Court of Special Appeals reversed the conviction. It opined that the trial judge erred in denying the motion to suppress. Absent consent or the application of certain recognized exceptions, a warrantless search of a home by police is presumptively unreasonable and therefore in violation of the Fourth Amendment. For the exigent circumstances exception to apply, there must be circumstances amounting to exigency and the police must have probable cause to believe that a subject of a search committed a crime and is present in the particular place to be searched. Although there was exigency in the Peters matter, because two men who fit the description of the assailants were seen running out of the victim’s apartment building and into one of two other apartment buildings, there was not a probable cause to believe that the assailants were present in any particular apartment. Thus, the search of the tenth apartment violated the Fourth Amendment. The court record did not support a finding of inevitable discovery. Additionally, even if the evidence supported a conclusion that the guns and ski mask were in plain view inside the apartment, the plain view doctrine did not apply because the officers were not legally present in the apartment to begin with.
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October 2015
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
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October 2015
The National Family Resiliency Center, Inc. and the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts will sponsor a dynamic, informative conference for all professionals working with separating and divorcing families to address key issues, create better solutions, and become change agents to help develop relevant family policy. Representatives from education, health, mental health, law, government, military, and private foundations, among others, will participate on various panels. Morning keynote speaker will be Dr. Robert Emery, Professor at the University of Virginia, divorce mediation expert, and noted author. Afternoon keynote speaker will be Kathleen M. Dumais, Maryland State Delegate. Six CEU credits will be available for mental health professionals through National Family Resiliency Center.
United States District Court for the District of Maryland Ninth Biennial Bench-Bar Conference of the United States District Court for the District of Maryland The judges of the United States District Court for the District of Maryland, in conjunction with the Maryland Chapter of the Federal Bar Association, invite you to the Ninth Biennial Bench-Bar Conference on October 23, 2015, in the Northern Division Courthouse, 101 W. Lombard Street, Baltimore, MD. The keynote speakers will be William ("Brit") E. Kirwan, Chancellor Emeritus of the University System of Maryland, and Pulitzer Prize-winning author and historian Taylor Branch, who each will address legal and practical issues surrounding the commercialization of college athletics. Their keynote address will be followed with a panel discussion by judges of the Court who will provide practice pointers. After breakout sessions for small group discussions with judges of the Court, the Honorable Catherine C. Blake, Chief Judge, will deliver the State of the Court address. The conference will close with a reception. The program will begin promptly at 2 p.m., and the reception will conclude at 7 p.m. There will be no charge for attending the conference; however, reservations are required to attend. Please reserve your spot by clicking here or going to http://www.mdd.uscourts.gov/benchbar.
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Signature Sponsors The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor will host one of teb signature events held throughout the year, thereby reducing the cost of the event for members, and many other added benefits. Sponsorships help the Bar Association maintain its current dues level, despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410 -337-9103).
LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions. Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher
Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts
If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org.
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, and can be located quickly using the index at the end of the issue, and by the gold ribbon that accompanies their ad. Please let them know you appreciate their support. Thank you!
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Committee Programs CLE Committee Mezzanine 08 November 10, 2015, 8 a.m. Understanding Standard Field Sobriety Test & Other DUW Nuances March 2, 2016, Noon Magical Mystery Tour - Behind the Scenes Tour of the Circuit Court April 6, 2016, Noon Peace/Protective Orders May 4, 2016, Common Mistakes: Avoiding Attorney Grievance September 7, 2016 District Court Personal Injury Cases: Proving Damages
Criminal Law Committee Mezzanine 08, 5 - 6 p.m. October 14, 2015 December 9, 2015 February 10, 2016 April 13, 2016 June 8, 2016
Entertainment Committee October 11, 2015, Ravens’ Tailgate December 3, 2015, Holiday Party January 28, 2016, Black-Tie Banquet March 11, 2016, Bowling @ Mustang Alley April 26, 2016, Supreme Court Group Admission June 2, 2016, Golf Tournament
Estates & Trusts Committee
November 24, 2015, 5 p.m., Recent Developments in Estate Administration December 15, 2016, 5 p.m., Special Needs Trusts Act
Family Law Committee Dinner Programs, 6 p.m. September 9, 2015, TG&CC October 22, 2015 November 10, 2015 March 24, 2016 April 7, 2016, Joint Program with BABC Informational Sessions Mezzanine 08, 5-6:30 p.m., followed by Happy Hour in Towson October 1, 2015 December 1, 2015 January 13, 2016 January 20, 2016 Evening Series Mezzanine 08, 5-6:30 p.m. March 16, 2016 April 20, 2016 May 18, 2016
Law Day 2016 Miranda, More Than Words To be celebrated on Monday, May 2, 2016 September 22, 2015, 5 pm, Mezzanine Planning Meeting - Please join us!
Memorial & Recognition Committee November 19, 2015, 3:30 p.m., Annual Memorial Service. Those who will be remembered include:
October 13, 2015, 5-7 p.m., Happy Hour KickOff, Towson Tavern October 21, 2015, 5:30 p.m., Overview and Update on the New Maryland Trust Act
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Gary D. Schenker C. Daniel Held William J. Blondell Jr. Page 34
October 2015
Committee Programs Real Property Committee
H. Thomas Howell John L. Calhoun Thaddeus J. Hense Lynn C. Golberg John E. Raine III Frederick Steinmann Frances M. Angelos William Leon Kirk J. Michael Recher John Wilmer Conrad III Emily Miller Rody Magistrate Jacqueline E. Dawson
Mezzanine 08, 12 - 1:30 p.m. Brown Bag Lunch November 17, 2015 March 8, 2016 May 10, 2016
State, Local Laws & Zoning Committee
This year, we will adjourn to Café Troia located at 28 Allegheny Avenue in Towson for an opportunity to spend additional time with the family, friends and colleagues of our fallen brethren. We are looking for sponsorships to provide a few cocktails and appetizers. If you are able to do so, at $100 per firm, it would be greatly appreciated. Individuals are certainly welcome to support this, as well, at any amount they are able to donate. Please make checks payable to the BCBA and mail or drop off to the Bar Office. In advance, thank you.
Negligence, Insurance & Workers’ Comp Mezzanine 08, 5-6:30 p.m. November 18, 2015 Competency in the Courtroom February 18, 2016 Workers’ Comp - Vocational Rehabilitation May 3, 2016, followed by a Happy Hour Medical Malpractice Matters
Public Awareness & Speakers Committee Civics & Law Academies November 13, 2015 @ CCBC Essex April 15, 2016 @ CCBC Catonsville THE ADVOCATE
Dinner Programs, 6 p.m. November 4, 2015, 5 p.m., Redevelopment of Urban Centers in Baltimore County February 4, 2016 March 3, 2016 April 13, 2016
Technology Committee Thursday, November 12, 2015, 5:15 p.m., Mezzanine 08 MDEC, e-filing status and coming attractions To be scheduled Getting Your Office Ready for MDEC Technology in the Courtroom Social Media for Marketing & Investigation Cloud Computing Also look for monthly articles beginning next month on technology tips, apps, practice software, case management, etc. If you are interested in writing one of these columns, please contact Rob Erdman, 410296-3630.
Young Lawyers Committee December 17, 2015, Noon, Holiday Lunch
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HEAR YE, HEAR YE … CALLING ALL LAW CLERKS, JACOBSON’S JESTERS & FRIENDS OF HON. LEONARD JACOBSON
Noted Portrait Artist Kathleen Meredith has been commissioned to render the portrait of the late Honorable Leonard Jacobson. Funds are being received by the Baltimore County Bar Foundation to support this endeavor. Please make your check payable to the Baltimore County Bar Foundation (Memo: Jacobson Portrait Fund), and send or deliver to the Bar Office, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Please include instruction on exactly how you would like your name printed on the program for the unveiling. For those wishing to take a stroll down Memory Lane, and those who have no idea of the hidden theatrical talents of some of the now-senior members of the bar, you are encouraged to visit the Baltimore County Small and Solo Attorney’s Blog penned by Jeffrey R. Scholnick, which includes a couple clips from Justice—All that Jazz.
Baltimore County Bar Foundation, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204 I have enclosed the sum of $
for the Jacobson Portrait Fund.
Please charge the following credit card, in the amount of $
.
Name on Card____________________________________Telephone Number Card No Exp Sec. No. BILLING Address City State Zip Name, as it is to appear in the program: I would like to be notified of the Unveiling Ceremony: via email THE ADVOCATE
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October 2015
The Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
Not sure what benefits are available to you as a BCBA Member? Click the picture to the left to learn more, or call or email Doris Barnes or Maxine Morrow for more information.
Annual Dues Invoice and Black-Tie Banquet information will be mailed on or about November 15, 2015. If you do not receive your statement by December 1, 2015, please contact the Bar Office to confirm your contact information. Thank you!
MEMBER ADVERTISEMENTS Towson. Single office space available on Baltimore Avenue as of January 2016, for anyone needing a satellite office; $200/month. Contact dgschubert@comcast.net for more information. Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a Partner’s desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free parking. Close to Towson court houses, I695 and I83. Email randy@waselaw.com or call 410-828-8500. Dundalk. Available office space in Dundalk. Call 410-288-2900. Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet, small bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively, necessarily) is desired. Spin-off work will be available. Rent $650/mo. Contact J. Michael Lawlor at 410-494-1800 or lawloresq@verizon.net.
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