Advocate October 2016

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 4

October 2016

PRESIDENT’S MESSAGE

by Robert J. Thompson It’s October and the election season is fully upon us now. This year, I’m just calling it “Crazy Season,” which is really an attempt to convince myself that all of the fears and anxieties I have about all of the remaining presidential candidates are unwarranted…. The problem is that I’m not that easily fooled.

In a normal election year (if there is such a thing) I would never even consider giving advice to others on how to vote. This year, I can’t figure it out for myself, so advice on how to vote is the last thing you’ll be getting from this month’s column. Except in this one area: Vote to retain the sitting Circuit Court Judges Kathleen G. Cox and Keith R. Truffer.

Long ago, the Baltimore County Bar Association adopted a policy of supporting our sitting judges, and I think in a year like this one, it makes a great deal of sense to follow that policy. Now as you know, “The Baltimore County Bar Association” does not vote in this

election, but for those members who live in Baltimore County and who support the idea that carefully vetted, experienced and well-qualified judges are one of the key components of success in our legal system, I think it’s an easy call. The judicial race this year may be the only exception to “Crazy Season.”

As busy as our organization is, there are many upcoming events and I’d encourage you to take a good look at the calendar of events for things that interest you.

There are some upcoming events I want to call special attention to: Two Civics and Law Academies, a Crab Feast and the Memorial and Recognition Service.

Our Civics and Law Academies feature lawyers and judges who are members of this organization coming together to share the benefit of their knowledge and wisdom with high school students from around the county. The

Bench/Bar Report Calendar of Events Committee News County Council Update Court Notices Criminal Law Update Judicial Portrait Fund Lawyer in the Lobby Lawyers Assistance Member Ads Portrait Unveiling Professionalism SAVE THE DATE Signature Sponsors Tailgate Flyer WLC Annual Meeting

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Inside This Edition

Signature Sponsor

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September 2016

PRESIDENT’S MESSAGE Continued from page 1 students come away entertained, educated and inspired. It’s a great program and a terrific way for us to give back to our community and to give the next generation a head start. I encourage everyone to look into getting involved with our terrific Civics and Law Academies. On a personal note, when I participated in this event for the first time a few years ago, I was having lunch in the school cafeteria afterward (Pizza!) with several high school students.

One of them said that before that morning, she hadn’t even planned to go to college, but was excited and was already making plans for her future because of some of the things she had seen and learned that morning….. To paraphrase the Grinch, “[My] small heart grew three sizes that day.“ Our Annual Crab Feast is a tradition that started a number of years ago. Each year, we invite the outgoing and incoming judicial law clerks to be our guests at an event designed as an opportunity for us to get to know each other, to see old friends, to make new friends and to spend a few hours in casual attire enjoying each other’s company and catching up on important things like vacations, kids, grandkids, et cetera. This event is not just for law clerks!! It is for everyone, and I encourage you all to attend. Doris

tells me that she is arranging for scrapple to be served for those members who do not like crabs.

Our Memorial and Recognition Service is scheduled for November 17. We recognize and remember and reminisce about members of this association who have passed away during the previous year. Many of the family members of our dearly departed colleagues and friends come to hear what we say about the impact their loved ones had had on us: We share a few moments of fond remembrance, help each other bear the burden of loss and the joys of laughter as we share stories together.

This is not the ordinary pitch you were expecting, but if you attend, I assure you that you’ll be glad you did.

(There’s a reception afterward…). Please put this event on your calendar and make plans to be there.

Now, I will sign off on this month’s letter and get back to working on my Halloween costume. Happy October everyone.

Rob Thompson, BCBA President, 2016-2017

Please stop by to see the BCBA’s new “Executive Offices” on the Mezzanine level, across the old 911 Bridge. We hope you will enjoy the walk down memory lane as you cross the bridge! Attorneys are welcome to use this space to meet, relax, make a phone call, etc. The Bar Office remains open and operating LRIS on the First Floor Lobby. The phone numbers are the same: 410-337-9100 and 410-337-9103. The new “auto attendant” will allow callers to select who they would like to speak with, or you can dial the following extensions:

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Executive Director, Doris Barnes

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LRIS Director, Rachel Ruocco

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Executive Assistant, Maxine Morrow

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September 2016

C ALENDAR

2016-17 Officers President Pres-Elect Secretary Treasurer

Robert J. Thompson Adam T. Sampson Rebecca A. Fleming

Hon. Keith R. Truffer Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Hon. Vicki Ballou-Watts, Immediate Past President Alaina L. Storie, YL Chair

The Advocate Thomas S. Basham Committee Chair Annamaria M. Walsh Committee Vice -Chair

Contributing Writers C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Alexander C. Steeves Laurie Wasserman Catherine F. Woods Matthew I. Wyman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.

E VENTS

October 2016

Michael W. Siri

Executive Council

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Women’s Law Center Annual Meeting & Awards Ceremony, 6 p.m., Hunt Valley Inn, 245 Shawan Road, Hunt Valley Pro Bono Clinic, 10 a.m.- 3 p.m., Eastern Tech High School COURTS & BAR OFFICE CLOSED (Columbus Day) Professionalism Committee (Conference Call) Meeting, 5 p.m.

Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Pro Bono Committee Meeting, 5 p.m., Levin & Gann Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Volunteers: (Civil) Keith Franz and Bryan Tillman (Family Law) Julius Blattner, Robert Tully Law Day Committee Meeting, 5 p.m., BCBA Executive Offices Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 Criminal Law: Body Cameras, 5 p.m., Grand Jury Room Portrait Unveiling of Master Jacquie Dawson, 4:30 p.m., Ctroom 2 E&T: Perspectives from a Corporate Trustee, 5 p.m., GJR Young Lawyers Chamber Chat w/Judge Friedman, 12 p.m.

Family Law Town Hall Meeting, 8 a.m., Courtroom 12 Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom No. 5 Stated Meeting, 4:30 p.m., Ceremonial Courtroom No. 5 Child Counsel (BIA) Training, 9 a.m.-4 p.m., Pessin Katz Law Pro Bono Volunteer Awards & Reception, 5-7 p.m., Pessin Katz Law BCBA Annual Crab Feast, 6-9 p.m., Ocean Pride Seafood

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Family Law: Active Addiction: How can we help our clients help themselves? 5-6:30 p.m., Jury Assembly Area 8 COURTS & BAR OFFICE CLOSED, Election Day 9 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Volunteers: D. Jill Green, Craig Little, Richard Lebovitz, Larry Polen 9 E&T: Income Tax Considerations, 5 p.m., Grand Jury Room 10 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 11 COURTS & BAR OFFICE CLOSED, Veterans’ Day 14 Professionalism Committee Meeting, 5 p.m., Proctor & McKee 14 Family Law: Family Recovery Court, 6 p.m., Christopher Daniel 15 Criminal Law: Evidence with Judge Joseph Murphy, 5 p.m.

16 NIWC: Liens, 5 p.m., Grand Jury Room 17 Annual Memorial Service, 4:30 p.m., Ceremonial Courtroom No. 5 17 Memorial Reception immediately following Service, Café Troia 19 National Adoption Day Ceremonies, 11 a.m., Ceremonial No. 5 24-25 COURTS & BAR OFFICE CLOSED, Thanksgiving Holiday

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

Publication deadline: 10th of the month preceding publication.

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September 2016

COURT NOTICES Circuit Court for Baltimore County

Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge

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

Rachel Christopher has been named Jury Commissioner by the Circuit Court Bench.

NEW PROCEDURES New procedure for scheduling conferences and judge assignment in complex civil (non–domestic) cases.

Civil cases that have the Civil Case Information sheet (CCIR) as being a COMPLEX Track or cases where the suggested trial time is greater than four days, or cases reviewed by case management staff that are deemed complex will be set before Judge Cox or Judge Ensor for an in-person or telephonic scheduling conference. If the Scheduling Conference judge believes it to be appropriate, a trial date will be set at the Scheduling Conference. This procedure started in August and is one of the topics about which the Bench sought input from the Bar at the Civil Town Hall meetings.

From The Chambers of Ruth Ann Jakubowski Family Law Coordinating Judge

There will be a Family Law Town Hall Meeting on October 20, 2016, 8 a.m., in Courtroom 12. Family law attorneys are encouraged to attend.

Finalizing Divorces Prior to Year End. The Circuit Court has set aside docket time on December 20th and December 27th to set in hearings on divorces in uncontested matters where parties or counsel seek to have the matter finalized within the 2016 tax year. In order to have the case set for hearing, all matters must be resolved, the grounds for divorce must be ripe, and the case must be at issue (i.e. an answer filed or an order of default entered with the 30 days to move to vacate having run).

If you wish to have a case set in for hearing on one of these days, please contact Civil Assignment at 410-8872660. Cases are being set for hearing at 9:30 a.m., 11:00 a.m. and 1:30 p.m.

In order to ensure the case can be heard and the final Judgment can be docketed, please have the following when you appear: Proposed Final Judgment of Divorce “White Sheet” Payment for any open Court Costs THE ADVOCATE

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September 2016

COURT NOTICES Circuit Court for Baltimore County

Portrait Unveiling Ceremony To Honor

Master Jacquie Dawson Monday, October 17, 2016 4:30 p.m.

Ceremonial Courtroom No. 5 Old Courthouse, Second Floor 400 Washington Avenue, Towson

ASSIGNMENT OFFICES RELOCATED The new Assignment Office for the Circuit Court opened on August 16th. It is located on the Mezzanine level of the County Courts Building, on the left hand side of the stairs as you walk up. (Opposite the jury office and before the new BCBA Executive Offices). The space houses all assignment personnel for all case types except Juvenile and Trust. Those offices remain in their current locations. The purpose of the change is to centralize assignment information in the pursuit of efficient use of resources, both staff and judicial. The court also thinks the new set up will be more convenient for the Bar, and we would like to hear your thoughts. Please feel free to contact Tim Sheridan, Court Administrator, 410-887-2687 or tsheridan@baltimorecountymd.gov.

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September 2016

BENCH/BAR COMMITTEE REPORT

by Mary Roby Sanders The Bench Bar Committee kicked off their new year with the first meeting on September 8, 2016.

Chairperson, Richard Grason, opened the meeting welcoming the committee members and discussing the goal of the Committee which is to keep the members of the Baltimore County Bar informed.

the United States Green Building Council for Leadership in Energy and Environmental Design (LEED).

A portrait of the late Master Jacqueline E. Dawson will be unveiled on October 17 at 4:30 p.m.: Further information is on Page 4.

Judge Ruth Ann Jakubowski gave the Bench report highlighting that all of the Assignment Offices have been consolidated and moved to the Mezzanine level of the County Courts Building. Now Civil, Central, and DCM will be in the same location. Judge Jakubowski will look into how to address the elevator to the Mezzanine level for handicapped people.

The Bar Office has also moved to the Mezzanine Level. Construction on the 5th and 3rd floor chambers for the new judges has begun.

Magistrate Wendy Z. Schenker gave the Magistrate’s Report. She wanted all family law attorneys to remember that for a mutual consent ground, you must allege both an agreement and that the parties mutually agree to the divorce. On October 1, the new law requiring no corroboration goes into effect. No protocols have been developed yet. The Family Resiliency Court will begin accepting custody cases.

Contact Magistrate Schenker for further information.

Judge Kathleen Gallogly Cox is having two town hall meetings to obtain insight for the Civil DCM plan that is required to be developed and implemented.

The meetings are scheduled for September 12 at 12:30 p.m. and Tuesday September 13 at 5:00 p.m. and the purpose is to get feedback on non-domestic issues.

Circuit Court Clerk Julie L. Ensor reported that her office has had a summer of transition. It has successfully separated the Civil and Family Law sections. To contact Civil clerk, the number is 410887-2622 and to contact Family, 410-887-2614. The Clerk’s Office is still down several clerks, but they are hiring and training people now.

Judge Jakubowski and Judge Cox will have a Family Law Town Hall Meeting on October 20, 2016 at 8:00 a.m. They will be discussing and reviewing the assignment process. Judge Jakubowski encourages everyone to come and voice their opinion, concerns and ideas.

Deputy State’s Attorney John P. Cox gave the report on behalf of the State’s Attorney’s Office. Body cameras are increasing the work load and cause major changes to discovery and litigation. District Public Defender Donald E. Zaremba of the Public Defender’s Office confirmed that the body cameras has increased their work load as well. They are adding hours of video footage in District Court cases. Currently footage is downloaded to a website to be accessed by defense counsel. The State’s Attorney must first redact the video to remove any inappropriate or improper information. By next July the body cameras will be in full force and all police officers will be equipped.

There is a new scheduling procedure for complex non-domestic civil cases: It is described on page 4.

Rachel Christopher has been appointed the new Jury Commissioner.

Judge Dorothy J. Wilson was welcomed to the Committee as the new Administrative Judge of the District Court. She wants everyone to rest assured that the Catonsville Court house is still scheduled to break ground in December-January. It should take approximately two years to build. It will be four stories tall, house eight courtrooms, be certified by THE ADVOCATE

Harry L. Chase, the Director of the Health Care Alternative Dispute Resolution Office gave the Baltimore City report. With Judge John A. Howard’s retirement there are three openings on the Circuit Court and two openings on the District Court.

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September 2016

BENCH/BAR COMMITTEE REPORT

by Mary Roby Sanders Angela Silverstein, Family Law Chair, announced that the Family Law Meet and Greet with the Judges was September 20 at Hayfields Country Club. There also is an October dinner meeting with the topic “De facto Parenting – the status of the law after Conover” on October 19. The AOC is co-sponsoring a Child Attorney’s training meeting the requirements of the court to serve as attorney for a child scheduled for October 21.

The Young Lawyers Chair, Alaina Storie, announced that they have scheduled their major events including: December 8 is the Holiday Lunch; April 2 is the Bull Roast; September 26 there is a Law Clerk luncheon ; and on October 19, a Chamber Chat with Judge Daniel A. Friedman.

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Bar Association President Rob Thompson gave the Bar Association report. He thanked all of the committee members who have donated their time to making the Bar Association such a success. He emphasized that the committees are its strength.

They are planning an Open House for the new Bar Office once it is fully up and running. The Bar kick off is scheduled for September 22 at 5:00 p.m.

As a reminder to all bar members, President Thompson asked everyone to get out the vote for Judges Cox and Judge Keith R. Truffer.

The next meeting is October 13. If anyone has any issues that they would like to bring to the Bench/Bar Committee, talk to one of the at-large members. All members are listed on the Bar website.

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PROFESSIONALISM ARTICLE Professionalism is primarily an attitude, not a set of technical competencies.

by Debra B. Cruz Example: Susie Civility, Esquire has a hectic trial practice. Although it is not always easy, she is calm and courteous to opposing counsel and parties, and is so completely prepared for meetings, depositions and court appearances that the occasional disruptive tactics of opposing counsel do not derail her ability to either obtain or communicate the information that she needs to win her case.

IDEALS OF PROFESSIONALISM (Appendix, Vol. II, Md. Rules Civ. Pro.) offers the following definition: Professionalism is the combination of the core values of personal integrity, competency, civility, independence and public service that distinguish lawyers as the caretakers of the rule of law.

Fairness, Civility and Courtesy A lawyer should understand that: (1) professionalism requires civility in all dealings, showing respect for differing points of view, and demonstrating empathy for others; (2) courtesy does not reflect weakness; rather it promotes effective advocacy by ensuring that parties have the opportunity to participate in the process without personal attacks or intimidation…; Comment: “As individuals we have two choices: When incivility comes your way you can be a thermometer and react or you can be a thermostat and change the temperature” Deborah King Who among us has not had to deal with the opponent who is a jerk? Examples include The Yeller, who shouts you down on every phone call and at every deposition; The Manipulator, who constantly makes speaking objections at a deposition, or The False Documenter, who, after a phone conversation, sends you the email which mis-quotes everything you said. Although not easy to deal with, this behavior should never be an invitation to respond in kind. Not only does that allow your opponent to control the situation, it does nothing to advance your client’s cause, which is your ultimate goal.

The Professionalism Committee requests nominations from Bar Association members for the annual recipient of the J. Earle Plumhoff Professionalism Award, which will be presented at the Annual Black Tie Banquet on January 26, 2017 The Recipient of this award must be: 

A Baltimore County Bar Association member at least five years;

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Have made professional contributions to Baltimore County Bar Association activities;

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

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Have high marks for dignity, integrity and civility.

Nominations should be sent to the Bar Office.

Deadline for submission is November 10th .

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Prior recipients of this award include: 1984 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

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. Judge Robert J. Steinberg Herbert R. O’Conor III Drake C. Zaharris

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September 2016

COUNTY COUNCIL UPDATE

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

Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets 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.

Every four years during the midterm of each County Council term, the Baltimore County Council undertakes the Comprehensive Zoning Map Process, or “CZMP.” The current CZMP cycle began over a year ago, in September 2015. Last year, between September and the end of November 2015, property owners, community and homeowners associations,

the Department of Planning, the Planning Board, and members of the County Council, raised zoning “Issues” during this filing period. These Issues comprised properties that were identified as candidates for possible re-zoning.

Following the filing period, the Department of Planning reviewed each Issue.

This included creating a map for each property Issue and evaluating the re-zoning application. Thereafter, the Planning Board held public hearings in the seven Council Districts in March of this year and listened to testimony from interested persons and organizations for each zoning Issue.

During the month of June, the County Council also held public hearings in the seven Council Districts.

The purpose of all of these public hearings was to seek public input, particularly from persons in those areas that would be most affected by a potential zoning change. During this entire CZMP cycle, the members of the Council also received and considered information from proponents and opponents of particular zoning Issues, as well as information from other interested persons or organizations.

The CZMP culminated in a Special Session of the County Council on August 30, 2016, where the Council voted on the zoning Issues and adopted the CZMP maps for the 2016 cycle. The Council’s Official List of Final Decisions for the CZMP Issues can be found on the Council’s Website listed above.

You may also view the Department of Planning’s CZMP Website at the following link: http://www.baltimorecountymd.gov/ Agencies/planning/zoning/czmp2016/index.html This site is filled with a wealth of information on the results of the CZMP, including the Log of Issues and the Issue Maps by Councilmanic District.

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CRIMINAL LAW UPDATE

by Robert C. Lidston The September Amicus features three Court of Appeals decisions which may be of interest to practitioners.

Sellman v. State, No. 84, September Term 2015, filed August 24, 2016 (opinion by Greene Jr.). Two officers were on vehicle patrol late at night in a high crime area. Driving through an apartment complex, they observed Sellman walk from a dark area on the side of an apartment building, with no entry way, towards an area lit by a street light. Sellman looked startled when he saw the police. The officers observed him walk towards a roadway where he entered a waiting car. They then pulled that vehicle over due to an observed traffic violation.

In the car were four individuals. Sellman was seated in the left rear passenger seat and the police described him as appearing nervous. One testified: He "was sitting completely rigid in his seat, he had his hands on his knees and was looking straight ahead and never turned his head once" until he was spoken to directly. Upon checking, the officers found that there was no outstanding warrant for the driver and that the vehicle was not reported as stolen. They gave the driver a written warning and she consented to a search of the car.

The officers asked each occupant for identification and received inconsistent stories about who resided in the apartment complex. Not having a driver’s license, Sellman provided a name and date of birth. A data check for warrants on the occupants was negative. An MVA records search for the name given

by Sellman (later it was discovered that the name given was an alias.) produced nothing. Police checked the parking lot to see if any cars had been broken into.

Officers testified that under standard operating procedures, a vehicle’s occupants are instructed to exit a vehicle and be frisked before it is searched.

Upon frisking Sellman, an officer discovered a handgun in his waistband. At trial, Sellman moved to suppress evidence, arguing that the police lacked a reasonable basis for believing he was armed and THE ADVOCATE

dangerous. His motion was denied, a judge noting reasonable suspicion to justify the frisk. The Court of Special Appeals affirmed. The Court of Appeals reversed.

The Court of Appeals held that there was no reasonable suspicion to justify a Terry frisk. In reviewing whether there is sufficient reasonable suspicion, the test is the totality of the circumstances viewed through the eyes of a reasonably prudent officer. In other words, the record must show articulable objective facts to support a Terry frisk.

The Court held that the observations of Sellman revealed innocent conduct. The officers did not have an objective reason to support their intervention in that conduct. There was no testimony that the officers saw furtive gestures, evasive maneuvers, bulges, bags or containers, or any instruments associated with the suspected crime. There was no testimony that an officer was concerned for his or her safety, and the Court could not rationally infer from the facts before it that a reasonably prudent officer would have had reasonable suspicion to believe that Sellman was armed. Thus, the police did not need to frisk Sellman in order to protect themselves or bystanders. The State had emphasized Sellman’s nervousness throughout the encounter, but his nervousness was not exceptional. That nervousness coupled with his compliance in answering questions, his leaving the vehicle when told to do so, and the lack of other suspicious circumstances was not sufficient to justify reasonable suspicion of criminal activity or that Sellman was armed and dangerous.

The Court also addressed the alleged police department policy that purports to authorize officers to frisk occupants prior to conducting a consent search of a vehicle. If there is no reasonable suspicion that an occupant is armed and dangerous, the frisk of an occupant is an unreasonable intrusion on Fourth Amendment protections and is counter to Terry. The Court further refused to adopt a bright

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CRIMINAL LAW UPDATE Continued from page 14 line rule that the crime of theft of property from vehicles implies weapons use. Minor crimes, in and of themselves, do not justify a Terry frisk.

Chase v. State, No. 85, September Term 2015, filed August 19, 2016 (opinion by Battaglia, J.). Narcotics detectives were patrolling an area "known for illicit narcotic use" due to its proximity to Interstate 70 and the Beltway. They were near a motel which they knew to be a "high area of drug trafficking" when they saw a Jeep Cherokee that had backed into a parking space. Another car arrived and backed into the space next to it. An individual exited that car and entered the passenger side of the Jeep. The detectives approached the Jeep and identified themselves as police officers. One of them observed furtive movements made by the driver, who reached under the seat, and the other occupant, who put his hand in his pocket. Chase and his companion were removed from the Jeep and handcuffed.

the Jeep. Particularized observations by the detectives with regard to the furtive movements made

by Chase and ongoing concern for officer safety justified the use of handcuffs and such use did not elevate the Terry stop into an arrest. Although no weapons were found on Chase after the frisk, the officers continued fear that weapons were in the unsearched jeep justified the continued use of handcuffs.

Maryland v. Hart, No. 74, September Term 2015, filed August 19, 2016 (opinion by Greene Jr.). Hart was present throughout his two-day trial. After three and half hours of deliberation, the judge received a note from the jurors. The judge informed counsel and arrangements were made with the sheriffs to bring Hart to the courtroom. Defense counsel was told that the note indicated that the jury was deadlocked on a particular count. The judge then learned that Hart had

A frisk of Chase did not reveal any weapons.

Because Chase and the other individual gave different stories, Chase remained in handcuffs and a request for a K-9 dog was made. Within about eight minutes, the dog arrived and alerted to the presence of narcotics in the Jeep. A search of Chase produced a motel room key. A search of the room opened with the key produced 138 grams of cocaine and narcotics paraphernalia. Prior to trial, Chase’s motion to suppress was denied and he was subsequently found guilty of cocaine possession. The Court of Special Appeals affirmed.

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The Court of Appeals also affirmed. It held that the detectives had reasonable suspicion to stop Chase and asked him to leave the Jeep because of their belief that Chase may have been armed and dangerous. The officers had observed behavior by Chase and his companion in the Jeep consistent with the hiding of illegal drugs as well as "furtive" movements that suggested weapons could have been hidden in the vehicle. The Court emphasized that concern for officer safety when weapons may be present may overcome concerns about a limited Terry intrusion, such as asking Chase to get out of THE ADVOCATE

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CRIMINAL LAW UPDATE Continued from page 15 been transported to a hospital because of a medical emergency. After discussing the note with the prosecutor and defense counsel, the judge summoned the jury foreperson for a colloquy to discuss the nature of the deadlock. Defense counsel consented to the discussion and was deemed to have waived his client’s presence. Following the colloquy, and over defense objection, the judge proceeded in absentia to receive a partial verdict, and to declare a mistrial on the perceived deadlocked count on the basis of manifest necessity. At a post-trial hearing, the judge recognized her error in receiving the partial verdict in Hart’s absence, and ordered a new trial for the counts on which Hart had been convicted. The court denied Hart’s motion to dismiss the deadlocked count.

The Court of Special Appeals reversed the trial court’s denial of the motion to dismiss. It decided that Hart had a right to be present at the declaration

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of the mistrial. It also held that, due to Hart’s involuntary absence, a manifest necessity did not exist, and therefore, double jeopardy barred a retrial.

The Court of Appeals affirmed. It held that the colloquy with the jury foreperson was a "stage of the trial" at which Hart had a right to be present. Defense counsel had waived Hart’s right to be present for the limited purpose of obtaining information about the jury’s deadlock. Counsel did not request or consent to the trial court’s answer to the jury’s communication. The Court decided that it was an abuse of discretion to violate Hart’s right to be present by responding to the jury note in absentia too hastily. Hart was involuntary absent and the judge did not ask about the seriousness of his condition or his expected length of absence before deciding to proceed in absentia. This was not harmless error.

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September 2016

Committee News FLYERS for all programs can be viewed and printed from the BCBA website calendar (www.bcba.org). You can also elect to make a voluntary donation during any registration process to this year’s designated charity—The Women’s Law Center. In advance, thank you for your generosity!

CLE COMMITTEE

ESTATES & TRUSTS COMMITTEE

December 6, 2016, Noon, Hacking and Wire Fraud, presented by Thomas Auth, Esquire of Minnesota Lawyers Mutual

October 18, 2016, 5:30 p.m., Perspectives from a Corporate Trustee November 9, 2016, 5 pm, Income Tax Considerations in Estate Administration

Practice Marketing Strategies, presented by David Kelly and The Growth Coach of Greater Baltimore Magical Mystery Tour of the Circuit Court Clerk’s Offices,. A walking tour and overview presented by Circuit Court Clerk Julie Ensor.

Where Have All the Assignment Offices Gone? A walking tour of the new location in Mezzanine 08, and brief overview of each office: DCM, Civil, Central and Criminal Assignment.

December 6, 2016, 5 p.m., Estate Planning with Retirement Benefits January 18, 2017, 12 p.m., Inheritance Tax Roundtable February 28, 2017, 5 p.m., Abel Accounts March 21, 2017, Recent Developments in Estate Administration

CRIMINAL LAW COMMITTEE

April 26, 2017, 5 p.m., Diminished Capacity

October 13, 2016, 5 p.m., Body Cameras, presented

by Baltimore County State’s Attorney Scott Shellenberger November 15, 2016, 5 p.m., Evidence, presented by (Ret) Judge Joseph F. Murphy, Jr. February 9, 2017, Cars, Cops & Stops, presented by Prof. Byron L. Warnken March 7, 2017, 5 p.m., Post-Conviction Services: Home Detention, SCRAM Monitoring, Inter-Lock, Re-Entry Programs, Residential Rehabilitation Programs, Bail Bonds, etc. Sponsored Happy Hour at CVP May 7, 2017, 5 p.m., Administrative Hearings, presented by Neil Jacobs.

May 24, 2017, 5 p.m., Annual E&T Dinner June 21, 2017, 5 p.m., Legislative Update with Register of Wills Grace Connolly

FAMILY LAW COMMITTEE October 19, 2016, Defacto Parenting (Conover v.

Conover), 6 p.m.

October 21, 2016, Child Counsel (BIA) Training, 9 a.m.-4 p.m.

November 1, 2016, Active Addiction: How can we help our clients help themselves?

November 14, 2016, Family Recovery Court

ENTERTAINMENT COMMITTEE October 9, 2016, Ravens Tailgate December 1, 2016, Annual Holiday Party THE ADVOCATE

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Committee News LAWYER REFERRAL & INFORMATION SERVICE

May 16, 2017, 5 p.m., Medical Malpractice Cases/ Opening Arguments

Please note that the 2016-2017 Lawyer Referral & Information Service (LRIS) renewal information is now available. Click here to open and print out the application. If you are a current member, you must renew each year. If you are not a member of LRIS and wish to join, now is a great time! Contact Rachel Ruocco at 410-337-9100 or rachel@bcba.org if you have any questions about LRIS.

PROFESSIONALISM COMMITTEE

MEMORIAL & RECOGNITION COMMITTEE

J. EARLE PLUMHOFF PROFESSIONALISM AWARD, to be presented at the Annual Black-Tie Banquet on Thursday, January 26, 2017. Nominations will be accepted through November 10, 2016. The award criteria and a list of prior recipients can be found on the BCBA website, Professionalism Committee Report.

Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to the members. Thank you.

This committee will meet at 5 p.m. on the following dates: October 13, 2016, 12 pm, via conference call November14, 2016 @ Proctor & McKee December 12, 2016, via conference call

Those members who will be honored at next year’s service on November 17, 2016, at 3:30 p.m., include: Robert William Cannon Robert Edward “Boz” Joy Hon. I. Marshall Seidler Charles E. “Chuck” Brooks Roland R. Bounds, BCBA Past President 1980 Hon. Frank E. Cicone Hon. John P. Rellas C. Stephen Basinger W. Michael Seganish C. Victor McFarland, BCBA Past President 1983 If you know of any other BCBA Member who passed away (prior to August 1, 2016), please advise Doris Barnes immediately, so they can be included in the service. Thank you. This committee will meet on August 22, 2016, 5 p.m. in the Grand Jury Room.

Negligence, Insurance & WC Committee November 16, 2016, 5 p.m., Liens March 9, 2017, 5 p.m., Workers’ Comp 101 & Vocational Rehabilitation THE ADVOCATE

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Committee News PUBLIC AWARENESS & SPEAKERS COMMITTEE

YOUNG LAWYERS COMMITTEE October 19, 2016, 12 p.m., Chamber Chat with Hon. Daniel Friedman, Judicial Conference Room 412, County Courts Building. Registration limited to 15.

Civics & Law Academies, 8:30 a.m. - 2 p.m., October 7, 2016, CCBC Dundalk November 4, 2016, CCBC Owings Mills March 31, 2017, CCBC Catonsville Teaching opportunities available. Please contact Committee Chair Donna McElroy (dmcelroy@lfbalaw.com or 410-879-8877).

Prepared PowerPoint presentations provided for each class.

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December 8, 2016, 12-2 p.m., Annual Holiday Lunch & Toy Drive. The toy drive and proceeds from this event will be donated this year to CASA of Baltimore County!

April 2, 2017, 2-6 p.m., Annual Bull & Oyster Roast, Towson American Legion

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BAR FOUNDATION REPORT JUDICIAL PORTRAITS

by John B. Gontrum

Your help is still needed in assisting the Foundation in funding the portraits of several deceased Circuit Court Judges. The Baltimore County Bar Foundation exists as an independent charitable organization with missions to foster and maintain the honor and integrity of the profession of the law; to improve and to facilitate the administration of justice; to enhance and improve the image of lawyers; and to promote the study of the law and research therein, and the diffusion of knowledge thereof.

Protect your personal and organization’s photographs forever. Guarantee they will be in a retrievable format 10, 20, 50+ years from today.

The “free” services are a gamble not worth taking, since they own your photographs, and can remove them at any time. What would you do if you logged on, only to find them all gone?!

Email forever100plus@gmail.com for more information on how to protect your legacy.

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A few years ago a request was made to the Foundation to act to provide for those wishing to donate funds in order to honor deceased members of the Circuit Court Judiciary by having their portraits made and placed in the court house. The Foundation board believed that this was an appropriate task under its charter. To date, funds have been donated in varying amounts for portraits of Judges Jenifer, Brannan, Hinkle and Jacobson.

Judge Buchanan’s portrait was fully funded by his family. Other portraits have been funded privately.

Unfortunately, although each portrait costs a very reasonable $4,100, the funding has not gone as hoped, possibly because the pool of attorneys familiar with the deceased jurists has grown smaller with the passing of time. Judges Jenifer and Brannan, for example, both passed away decades ago. Consequently, the Foundation is in need of funds in order to cover the cost of completion of the portraits. A gift of any size would be appreciated, and would be tax deductible. At this point the Foundation owes $16,400 for the portraits commissioned, and less than a third of that has been received.

We believe that the traditions initiated in Courtroom Five are important in establishing the continuity of the bar and the role of these individuals in the history of the county. We appreciate any consideration you might give to this appeal.

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M

ark your calendars now!

The BCBA Stated Meetings will be held at 4:30 p.m. in Ceremonial Courtroom No. 5 on Thursday, October 20, 2016; Thursday, February 16, 2017; and Thursday, June 22, 2017. The Annual Reception will be held immediately following the June meeting.

LAND RECORDS Family Law Paralegal Independent Contractor

E-RECORDING PROJECT UPDATE

Paralegal AA & BS Degrees w/23 years experience All services provided at my office, or your office.

Available 7 days/week

We are happy to let everyone know that the eRecording system is now live in Howard County. We are working with several other counties and hope to have them in production by year-end.

All aspects of Discovery Process, Case Management, Drafting, etc.

Overflow work, or temp relief available..

Thanks everyone for your continued support for the e-Recording Project. Please let me know if there are questions.

Contact Tammy Daily, TIDparalegalsvcs@gmail.com, 410-409-7541

Barbara Hansman Barbara.hansman@mdcourts.gov

New Hire? Office Relocation?

Place your ad HERE, in The Advocate.

Reasonable rates. Design assistance available.

Contact Maxine Morrow, 410-337-9103 x106 maxine@bcba.org

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

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

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

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

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

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

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

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

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Signature Sponsors

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

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

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

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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts

The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members.

Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410-337-9103).

Please join us in welcoming these sponsors and consider their services when you need them.

Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you!

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

COMMITTEE REPORTS

410-484-2088

All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found on the website at www.bcba.org.

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

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

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

Contact ken@kenpragercpa.com 410-828-4749

The Conflict Resolution Center of Baltimore County is accepting applications for membership to its Board of Directors.

The CRCBC Board of Directors support the health and mission of the organization. Under the Board’s leadership, since 2009 over six thousand people in Baltimore County have benefited from the CRCBC’s conflict resolution and violence prevention services. If you are interested in leading this incredible organization, please obtain and complete an application at: http://crcbaltimorecounty.org/?page_id=19016.

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

Middle River. Professional space, share office. Use of conference and waiting rooms, copy and fax machine, and internet. Free parking. Available immediately. Contact Jerry at zimlinlaw@comcast.net or call 410-686-1911.

Towson. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on individual needs. Contact Adam at 410-823-5003 or adam@spencefirm.com.

Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just off Red Run Blvd., near I-795. Contact Andy Hermann at ahermann@LMCPLAW.com or 410-998-1198.

Towson. Office space available in a small law firm, perfect for a solo practitioner. Approximate size is 20x15.

Furnished office, and comes with desk, credenza and book cases. Use of conference room, waiting room and utilities.

Free parking. Rent $650/month. Call 410-321-8368 or email Stephen Dunn at sdunn@sdunnlaw.com.

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