THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 2
September 2015
PRESIDENT’S MESSAGE by Hon. Vicki Ballou-Watts “Who Are You and Why Are You Here?” When I was a college student, I became a member of a unique organization dedicated to scholarship and service. Membership was coveted and with acceptance came an expectation that each member would make a lifetime commitment to the organization’s principles. During the membership intake process, to underscore the importance of identity and purpose, those who were members would occasionally ask those seeking membership: “Who are you and why are you here?” I’m reminded of this experience when I reflect upon the qualms some have expressed about the current state of the legal profession. Judges and lawyers are witnesses to unprecedented change in the practice of law and the administration of justice. That can’t be denied. Globalization and technology have affected the way cases are tried in the courtroom.
Electronic case filing – while available in federal courts for years – has arrived or will soon arrive at a state court near you. Electronic warrants are on the horizon, too. We’ve also seen the advent of law practice management software, web and cloud-based products, legal research tools and internet marketing via social media. It’s enough to make your head spin. And then, there is the change in the legal marketplace. With the emergence of businesses like Legal Zoom, AVVO and others, some wonder whether the practicing attorney will become obsolete. However, even as the practice of law evolves, it is still the lawyer who is uniquely qualified to advocate for his/her client - in and out of court. It is the lawyer who uses training, knowledge, professional and life experiences to counsel clients, screen cases, conduct discovery, evaluate evidence and go to trial. Yes,
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Inside This Edition Program Registrations Bench/Bar Committee Calendar of Events Civics & Law Academies Classified Ads Committee Programs Court Notices Criminal Law Update Executive Council Historical Perspectives Judicial Portrait Fund Lawyers Assistance Memorial Service Night At The Yard Pro Bono Nominations Professional Lawyer Save-The-Date Flyer Spotlight on Judge Cox Veterans Legal Hotline
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Signature Sponsor Page 1
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PRESIDENT’S MESSAGE Continued from page 1 technology can aid the lawyer in practice, but a software program is no substitute when it comes to the essential aspects of lawyering. Technology has improved the administration of justice in many ways but artificial intelligence can’t replace the function and qualities of a good judge. Judges, unlike computers, have the ability to exercise discretion. Trial court judges (and appellate judges) must understand and apply the law and they must understand people, too. Lawyers, litigants, witnesses, victims, criminal defendants, jurors and others who appear in court come from different educational backgrounds, economic circumstances, cultures and life experiences. While those factors may not impact every ruling, a good judge will make appropriate observations and consider those observations in the context of the decision-making process. There isn’t an app (application) for that.
So, the next time someone questions the continued relevance of the traditional legal profession or perhaps asks as my college schoolmates once did: “Who are you and why are you here?,” please be ready to respond. We are protectors of precious rights for those who have entrusted their legal challenges to us. We utilize technology as a helpful tool in fulfilling our professional responsibilities. However, we have committed ourselves to the entire spectrum of education, training and experiences necessary to ensure that justice is done. In this way, we are uniquely qualified to serve the interests of the individual and society. Honorable Vicki Ballou-Watts, President, Baltimore County Bar Association September 2015
SPECIAL NOTICE For the September 2015 issue, The Advocate is available in both a print and digital format. And, going forward, we’ve made the digital version easier to access. When you receive the BCBA email, simply click the link and The Advocate will appear on your screen. A PDF option will continue to be available. You can also access The Advocate on our BCBA website and FaceBook page. The BCBA gives special thanks to The Law Offices of Peter G. Angelos for its generosity in sponsoring the September print edition. Another print edition is planned for the late Winter/ early Spring 2016. If you would like to sponsor the next print edition of The Advocate, please contact BCBA Executive Director Doris Barnes at 443-465-7581 or doris@bcba.org.
BCBA President Hon. Vicki Ballou-Watts
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September 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
Contributing Writers 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
E VENTS
Program/Event Registration Form can be found on page 17 Individual flyers can be found on 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
OF
September 2015 7 9 10 10 10 15 17 18 22 22 24 29
Courts and Bar Office CLOSED, in observance of Labor Day Family Law Dinner, “Meet & Greet,� 6 p.m., Towson Golf & CC Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf Room Real Property, Hot Tips on CZMP Process, Noon, Mezzanine 08 Membership Kick-Off Event, 5 p.m., Greene Turtle, Towson Executive Council Meeting, 8 a.m., Judicial Conference Room 363 How to Get The Most Out of Your Judicial Clerkship, 4:30 p.m. UB Law Alumni Golf Tournament, 8 a.m., Mt. Pleasant Law Day Committee Meeting, 5 p.m., Mezzanine 08 Estates & Trusts Happy Hour Kick-Off, 5 p.m., Towson Tavern Annual Crab Feast, 6 p.m., Ocean Pride, 1534 York Road, Lutherville SLLZ, Meet & Greet the County Council, 5 p.m., WTP Towson Office
October 2015 1 2 6 7 8 12 13 14 14 15 22
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 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 TBD, County Courts Building Family Law Legislation w/State Senator Zirkin, 6 p.m., HVGC
The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 5th of the month preceding publication.
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September 2015
MEET THE BCBA EXECUTIVE COUNCIL
President Hon. Vicki Ballou-Watts Circuit Court for Baltimore County
Keith R. Truffer Royston, Mueller, McLean & Reid
President-Elect Robert J. Thompson Law Office of Robert J. Thompson
Secretary Adam T. Sampson Adelberg, Rudow, Dorf & Hendler, LLC
Michael W. Siri Bowie & Jensen, LLC
Treasurer Rebecca A. Fleming Turnbull, Nicholson & Sanders
Jay D. Miller Law Offices of Peter G. Angelos
Members interested in serving on the Baltimore County Bar Association Executive Council submit a letter of interest to be considered by the Nominations Committee, prior to December 31st each year. Once elected, that person begins a ten-year track of leadership service.
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September 2015
MEET THE BCBA EXECUTIVE COUNCIL
Stanford G. Gann Jr. Levin & Gann
Immediate Past President T. Wray McCurdy Law Office of T. Wray McCurdy
John G. Turnbull III Law Offices of John Grason Turnbull III
Young Lawyers Chair Alexander C. Steeves Alperstein & Diener, P.A.
Lisa Y. Settles Pessin Katz Law, P.A.
Executive Director Doris D. Barnes
Among many other duties, Executive Council Members liaison to the various committees of the BCBA, and participate in leadership trainings offered by the MSBA, ABA, and National Conference of Bar Presidents.
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September 2015
IN MEMORIAM On Thursday, August 13, 2015, Magistrate Jacqueline Elizabeth Dawson lost her courageous battle with ovarian cancer. The BCBA extends its heartfelt condolences to her family during this difficult time. A full feature on Magistrate Dawson will be included in the October Advocate.
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 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 CafĂŠ 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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September 2015
COURT NOTICES
From Hon. Ruth Ann Jakubowski Family Law Coordinating Judge, Circuit Court for Baltimore County August 14, 2015 In an effort to facilitate the timely scheduling of hearings conducted before Magistrates, effective immediately, the maximum time allowed for a Pendente Lite hearing will be one-half day. If any party believes they need additional time, they must submit a request in writing within ten (10) days of the scheduling conference, detailing the basis for the request and the additional time needed. All requests should be submitted to the Civil Assignment Office. A Family Law Magistrate will review all written requests. A request for reconsideration of a denial of additional time may be submitted in writing to the Family Law Coordinating Judge for review.
From the Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge July 2015 The following Judges will serve in the Family Division for six months, effective January 1, 2016
The following Judges will serve in the Family Division for six months, effective July 1, 2016
Judge Ruth A. Jakubowski Judge Michael J. Finifter Judge Robert E. Cahill, Jr. Judge Sherrie R. Bailey Judge Nancy M. Purpura Judge Julie L. Glass
Judge Kathleen Gallogly Cox Judge Susan Souder Judge Vicki Ballou-Watts Judge Judith C. Ensor Judge Paul J. Hanley New Judge
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September 2015
SPOTLIGHT
ON
HON. KATHLEEN GALLOGLY COX by Catherine F. Woods equity.” Specifically, the committee analyzes the need, size and caseload of each jurisdiction, considering the need for funding and how and what resources are being diverted where. The goal is to ensure some sense of parity between jurisdictions, Judge Cox advised this writer. According to Judge Cox, it is a great time to be an Administrative Judge. Participation in these committees has aided Judge Cox in her efforts to strenuously advocate for the Circuit Court for Baltimore County. Involvement in the committees has, she feels, clarified the big picture, as well as the smaller picture. Internally, Judge Cox states that she and certain colleagues have sought to streamline case management and expedite the processing of cases. They are striving to have more cases heard more quickly; to increase efficiencies; and to secure resources that will bring those goals to fruition. In particular, Judge Cox and her team have been successful in minimizing “stand by” cases; reworking the Family DCM plan to provide for more front end services. They have added more settlement days; are trying complex case tracks; and are opening up multi-day cases to be heard by Magistrates.
When this writer last wrote about the Honorable Kathleen Gallogly Cox for The Advocate in September, 2013, she was just taking the helm as Chief Administrative Judge following Judge John Grason Turnbull’s recent retirement. Judge Cox’s appointment coincided with the appointment of the new Chief Judge of the Court of Appeals, new Court Administrator, and new District Court chief judge. The Fall of 2013 also ushered in a period of time in which the restructuring of the judiciary as a whole was in its infancy but gathering momentum swiftly. Judge Cox was appointed by Chief Judge Mary Ellen Barbera to serve on the committee that she formed to scrutinize the overall structure of the judiciary to ensure that it was a model of efficiency and productivity. One positive outcome of this committee was the shrinking of 125 task forces and committees to approximately 12 committees, resulting in a more stream-lined, efficient and effective structure.
While more changes have been made in the family law arena, modifications have also been made to how criminal cases are heard. The postponement policy was altered; a plea docket was created and motions were moved to the afternoon to capitalize on the Court’s docket Significantly, Judge Cox, with the help of others, was able to get the County to fund a business practice analysis by the Justice Management Institute. The Institute will engage in a multimonth analysis of staffing needs, resources, case volume and internal efficiencies, thereafter issuing a final report and recommendations. Judge Cox anxiously awaits the results, which are due out in the Fall.
Judge Cox was also brought aboard the Strategic Planning Committee in 2013. This Committee’s Mission Statement involves looking at where the Court System is at present; defining the Court’s role in the community at large; determining what the Court system should look like going forward; and ensuring that the Court as a whole is staying true to its vision. One outgrowth of the strategic planning process is a focus on “court house THE ADVOCATE
Who knew that all these efforts were going on behind the scenes?! Page 8
September 2015
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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or telephone September 2015
BCBA Orioles Night at The Yard - August 21, 2015
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September 2015
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September 2015
THE PROFESSIONAL LAWYER by Keith R. Truffer Example: Lawyer Holly Qualified, Esquire conducts a busy general practice. While it is not always easy, her first priority is to respond to her clients’ questions and to keep them up-to-date on the status of the matters they have entrusted to her care. She sends them copies of every letter, email, pleading and paper generated or received on their behalf. She notes her calendar to follow up with regular status reports. She tries to answer all inquiries within 24 hours of their receipt. As a result, all of Lawyer Qualified’s clients believe that, regardless of the outcome, she always has their interests at heart. IDEALS OF PROFESSIONALISM, approved by the Maryland Court of Appeals: A Calling to Service A lawyer should: (5) keep a client apprised of the status of important matters affecting the client and inform the client of the frequency with which information will be provided, understanding that some matters will require regular contact, while others will require only occasional communication; Comment: “If you don’t give people information, they will make up something to fill the void.” Carla O’Dell Maintaining service to one’s client is at the core of the practice of law. No matter how many other clients a lawyer may have, the only case which is important to any individual client is his or her own. Regular and timely communication sends a powerful message that the client’s legal matter is as important to the lawyer as it is to the client. Keep in touch and keep your clients happy.
The BCBA-designated charity for 2015-2016
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September 2015
HISTORICAL PERSPECTIVES: THANKS T. WRAY (MCCURDY) by G. Darrell Russell, Jr. Call out the instigator because there’s something in the air. We have got to get it together sooner or later because the revolution is here. And you know it’s right. Thunderclap Newman Last year, the Bar Association was led by a “Big Wave Runner,” which is how T. Wray McCurdy refers to himself. Wray has lived his life in the waves at Ocean City, and fishing on his twenty-five foot power catamaran in pursuit of a big catch. And, as Bar President, Wray faced some wild surf. But, Wray was able to ride out the waves to end up sitting on top of the world. When I die and they lay me to rest, I’m gonna go to the place that’s the best. I got a friend in Jesus. So you know when I die, he’s gonna send me up to the spirit in the sky. Norman Greenbaum. Wray was born in the Baltimore suburbs of Lutherville. His family moved to Salisbury, when Wray’s father’s employer bought a steel subsidiary based in the Eastern Shore. Wray attended James M. Bennett Jr. and Sr. High School, and then Washington College in Chestertown, graduating with a degree in Economics. Wray enjoyed good fortune in law school when he began dating Gail Horn . Gail and Wray wed in the summer between his second and third year of law school. They are the proud parents of two great kids. Son Tray, now 28, has a Master’s degree in Finance from Tulane, and daughter Molly, 26, graduated summa cum laude from the University of Tennessee. Both children, by happenstance, work in San Francisco. So, Wray and Gail rack up their frequent flier miles visiting them across the country. I’ve been thinkin’ about all the places we surfed and danced and all the faces we’ve missed. Let’s get together and do it again. Brian Wilson and the Beach Boys Wray’s first job while attending law school was with Chesapeake Ship Building. He worked out of the World Trade Center doing boat management and routing. Next, Wray joined the State’s Attorney’s Office. Wray worked with the SAO for eighteen months, until he received a generous offer from a defense attorney
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named Bill Sutton. Bill had tried a handful of cases against Wray and liked the young aggressive prosecutor. Sutton offered Wray full partnership in his Eastside law firm, and the firm Sutton & McCurdy was established. Later, the firm became Sutton, McCurdy & Stone, when Norman Stone had left the Public Defender’s office. After Norman was appointed as a District Court Judge and Bill retired, the Law Offices of T. Wray McCurdy was established Wray’s Eastern Avenue end of row brick building is viewed as an Essex landmark of sorts. It produces a criminal law practice which finds Wray in metropolitan courts daily. Essex District Court is his home court, but he has tried cases in almost every county in the state. Wray also has a modest Worcester County practice, which is the county of his Ocean City beach house. We will surely pass, when the one who left us here returns for us at last. We are but a moment’s sunlight fading in the grass. Come on people… everybody get together right now. The Youngbloods Wray still chases the big waves. Wray was appointed to the Board of Directors of the Maryland State Public Defender’s Office in 2002 by Governor Ehrlich. He was made Chairman of the Board in 2007 by Governor O’Malley. Wray remained Chairman until 2011, and he was recently reappointed by Governor Hogan. Wray handles his position with his typical courage and conviction. Wray made some big moves and left a legacy of positive accomplishments during his tenure as Bar President. He moved the holiday party to a more central location, the Towson Tavern. He also moved the annual banquet from Martin’s West to the Hunt Valley Inn. Executive Council affairs were given different venues, and a Ravens tailgate party, featuring a tailgate grilling contest, was created. Wray only regrets that his gourmet flank steak dish did not win the big prize. Wray has much respect and fondness for his successor as Baltimore County Bar Association President, Judge Vicki Ballou-Watts. He has worked tirelessly to make the transition smooth for her. The year went by like a speeding roller coaster on the boardwalk, as opposed to the endless summers of youth. Thanks again, T. Wray.
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PRO BONO AWARD NOMINATIONS SOUGHT by Hasson Barnes, Pro Bono Committee Chairperson The Baltimore County and Local Pro Bono Committees request nominations for the Annual Pro Bono Awards, to be made during National Pro Bono Week (October 25-31, 2015) at its Annual Reception honoring all attorneys in Baltimore County who provide pro bono legal services throughout the year. Nominations must be submitted in writing, not later than Thursday, September 10, 2015. Please mail to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204, or emailed to Doris Barnes.
Pro Bono Attorney of the Year 1. Attorney serving the needs of the community through pro bono work. 2. Generally demonstrated through his or her career. 3. May be demonstrated through a single case or a particular accomplishment. 4. Work considered is services to persons of limited means as that is defined in Rule of Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902. The recipient is not required to be a member of the BCBA.
Pro Bono Firm of the Year 1. Firm serving the needs of the community through pro bono work. 2. Generally demonstrated over a number of years. 3. May be demonstrated through a single case or a particular accomplishment. 4. Work considered is services to persons of limited means as that is defined in Rule of Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.
Prior Recipients Include: 1996 1997 1998 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
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Carl R. Gold Daniel V. Schmitt Nevett Steele, Jr. and Whiteford, Taylor & Preston Carl R. Gold Douglas T. Sachse Stephen J. Nolan John J. Condliffe & Judith Shub-Condliffe Edwin G. Fee, Jr. and Baltimore County Office of Law Barbara L. Ayres and Bowie & Jensen Thomas G. Bodie Barbara Bakal Greene and Levin & Gann Frank E. Turney and Baumohl & Hamburg Michael F. Connolly and Chason, Rosner, Leary & Marshall Laurie Hansen Michael L. Jeffers Richard V. Lynas J. Michael Lawlor
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September 2015
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September 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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September 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:
September 9, Family Law Meet & Greet
Registration Fee: Member Non-Member $50 $60
September 10, Hot Tips: CZMP Process
FREE
$20
September 10, Bar Year Kick-Off Event
FREE
$10
FREE
FREE
September 22, E&T Happy Hour Kick-Off
FREE
$20
September 24, Annual Crab Feast
$50
$60
September 29, Meet & Greet the County Council
$25
$50
October 1, Family Law: Limited Representation
$10
$20
October 14, Criminal Law Program
FREE
$20
October 22, Family Law Legislation w/State Senator Zirkin
$50
$60
September 17, How to Get The Most Out of Your Judicial Clerkship
Name(s) Telephone
Address
City
State
Zip Amount Enclosed
Menu Choice (if applicable) Name on C/C
Today’s Date
Billing Address City
State
Zip Amount authorized
MC/Visa/Discover/American Express Card No. Expiration
SEC# (on back of card)
Signature____________________________________________________________________________
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September 2015
Bench/Bar Committee 2015-16 Mary R. Sanders, Chair 410-339-4100 msanders@tnsfamilylaw.com
Richard Grason VI, Vice-Chair 410-296-8655 rgrason@gmail.com Members Appointed to Serve
Meetings will be held on the following dates September 10, 2015 October 8, 2015 November 12, 2015 December 10, 2015 January 14, 2016 February 11, 2016 March 10, 2016 April 14, 2016 May 12, 2016 June 9, 2016
Members of the Bar who wish to have an issue presented at a Bench/Bar Meeting should contact Mary Sanders, Chair.
Hon. Kathleen G. Cox Timothy Sheridan Julie Ensor Hon. Alexandra N. Williams Michael Esposito Hon. William R. Evans Hon. Will Somerville Magistrate Wendy Schenker Scott D. Shellenberger Gregory Gaskins Donald Zaremba Sheryl D. H. Atkins Debra G. Schubert Leonard Shapiro Sondra M. Douglas Alexander C. Steeves Freed Allentoff Harry L. Chase C. Carey Deeley Jr. Bruce E. Friedman Laura C. Jenifer Julie E. Landau Patrick E. Maher Hon. Stacy A. Mayer Hon. Nancy M. Purpura James A. Sorensen
U p c o m ing Even ts September 10
Bar Year Kick Off Event
September 24
Crab Feast
December 3
Holiday Party
January 28
Black-Tie Banquet
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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.
September 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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September 2015
YOUNG LAWYERS WELCOME 1L STUDENTS TO UB LAW by Sandy Steeves
Members of the Baltimore County Bar Association's Young Lawyers Committee welcomed new 1L students at the University of Baltimore School of Law's student orientation in August. The School set up group meetings where the incoming law students would meet with a practicing attorney and discuss topics from final exams to the bar exam to finding a job. Students sat at tables with attorneys and had an opportunity to engage in an informal discussion with lawyers who were in a similar situation a few years prior. Although the students had not had their first day of classes, they were already asking questions about the bar exam and wanted to know how to study for it and which bar review classes to take. Another popular topic of discussion was how the attorneys ended up working in certain practice areas, and whether or not they had an interest in that type of law when they started law school. The lawyers were able to reassure the students that it is perfectly acceptable to not know which area of the law may interest them the most as they begin law school. They also reassured the students that their interests would be expanded during law school as they participate in activities such as moot court, law clinics, and internships. After a lot of discussions about surviving the first year of law school, the conversations then turned to what the students could be doing to make themselves more appealing to potential employers, and the best ways to go about finding that first job. The attorneys shared their experiences and gave the students their personal tips on how to get experience while still in law school. Finally, business cards were exchanged and the students moved along to continue with orientation activities. The students even received a few applications to join the Baltimore County Bar Association as membership is free for law students. Before we see them in court in a few years, we hope to see them at some of our events so that they can be welcomed by more members get involved early in their careers.
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September 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 October 2, 2015, 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.
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September 2015
CRIMINAL LAW UPDATE by Robert C. Lidston The August Amicus contains a Court of Appeals decision and two Court of Special Appeals decisions which may be of interest to practitioners. Counts v. State, No. 65, September Term 2014, filed July 27, 2015 (opinion by Barbera, C.J.). Counts was arrested in connection with a burglary and charged with that crime and related offenses. Count four of his indictment charged that he stole property having a value of less than $1,000.00. On the morning of the circuit court trial, the State sought to amend count four from theft of "less than a $1,000.00" to "theft of at least $1,000.00 but less than $10,000.00." The attorney for Counts objected, telling the court that the amendment changed the offense from a misdemeanor to a felony and changed the possible jail time from 18 months to 10 years. The State answered that the elements of the offense stayed the same and that only the penalty changed. The trial judge allowed the amendment.
The jury did not find Counts guilty of first degree burglary. However, it found him guilty of fourth degree burglary, theft of goods having a value of at least $1,000.00, and theft of good valued under $100.00. Counts appealed to the Court of Special Appeals. His argument was that the trial court erred in allowing the amendment of count four. COSA, in an unreported opinion, held that the trial court had not erred and affirmed the conviction. The Court of Special Appeals reversed the conviction. The issue before the Court of Appeals was whether the trial court erred in allowing the State, over defense objection, to amend count four from "theft of property with a value of less than $1,000.00" to theft of property "with a value of at least $1,000.00 but less than $10,000.00." Such a charging document amendment is governed by Maryland Rule 4-204. The purpose of that rule is to prevent unfair surprise to a defendant. The Court decided that allowing the amendment changed the character of the offense charged. The amount of value of the property stolen is an element of felony theft. It held that if the State wants to have a defendant convicted of one or more specific grade of felony theft, the State must allege and prove that the value of the property in question is at or more than the threshold value for the greater felony charge. The Court decided that changing a charging document to alter or add an element changes the character of the offense charged and is, thus, not permissible without the consent of the defense. The trial judge violated Rule 4-204 by allowing the State, over defense objection, to amend the charging document so as to change the character of the offense by inserting an element that, before the amendment, the State did not have to prove to the jury. This was prejudicial per se, entitling Counts to a reversal of his felony conviction. The Court remanded the matter to the trial court for the entry of a judgment of conviction and sentence on the originally charged misdemeanor of theft or property valued at less than $1,000.00.
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CRIMINAL LAW UPDATE Continued from page 22 Randall v. State, No. 1879, September Term 2013, filed July 1, 2015 (opinion by Leahy, J.). A Maryland resident died leaving a Will devising, among other things, real property in Arizona to her residuary estate. Randall, an Arizona resident, served as co-personal representative of the estate. She filed a "proof of authority" with the proper Arizona court, giving her the power to act on the estate’s behalf in Arizona under the authority issued by the State of Maryland. She sold the Arizona property, did not account for the proceeds in the Maryland estate, failed to distribute the proceeds to the heirs, and kept the vast majority of the proceeds for herself. A Maryland grand jury charged her with theft and embezzlement. Because of uncertainty about her Arizona address, the State took over two years to try Randall after her indictment. The trial court denied her motion to dismiss for lack of a speedy trial. During her trial, the trial judge also denied her motion for acquittal based on the lack of jurisdiction to prosecute the charge against her. A jury convicted her of theft and embezzlement.
As to Randall’s argument that Maryland did not have jurisdiction to prosecute the crimes because they occurred in Arizona, COSA, in rejecting the argument, relied on the "duty to a count" theory espoused in Wright v. State, 339 Md. 339, 406 (1995). In that decision, the Court of Appeals held that jurisdiction over a theft offense exists in Maryland if the defendant was subject to a duty to account for the property in Maryland. COSA explained that although Maryland probate law does not explicitly require a personal representative to account for proceeds from the sale of foreign real property in a Maryland estate, a personal representative may still be required to account for the proceeds of the sale if the state in which the foreign real property was located did not require an accounting. Randall’s actions in Arizona then Continued on page 24
Randall appealed to the Court of Special Appeals which affirmed her conviction. COSA held that the State did not violate Randall’s constitutional right to a speedy trial by taking over two years to try her following her indictment. It noted that the two year delay triggered Barker v. Wingo, 407 U.S. 514 (1972) which requires the analysis of four factors: length of the delay, reasons for the delay, assertion of a speedy trial right, and prejudice. As to the reasons for the delay, COSA noted that the State has a duty to procure a defendant’s presence for trial and that it must act with "reasonable diligence." Because there was confusion about Randall’s Arizona address an because the State acted reasonably to resolve this confusion, COSA decided that the "reason for delay factor" did not weigh in Randall’s favor. As to the particular circumstances of Randall’s case, the delay caused largely by the failure of an Arizona sheriff’s office to serve the warrant which was followed by Randall’s efforts to fight extradition, along with the lack of prejudice in the case, COSA held that the trial court did not err in denying the motion to dismiss.
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CRIMINAL LAW UPDATE Continued from page 23 became key to the court’s analysis. COSA held that where a personal representative does not open an ancillary proceeding in the foreign state, but instead sells the resident decedent’s foreign real property under the authority issued by Maryland which is accepted by the foreign state, the personal representative is required to account for the proceeds in Maryland. Randall had not been required to account for the proceeds in Arizona and did not report them in the Maryland estate. Taylor v. State, No. 494, September Term 2014, filed July 30, 2015 (opinion by Zarnoch, J.). A police officer observed an SUV traveling at what appeared to be a high rate of speed. The officer followed and saw the vehicle fail to stop at a stop sign. The officer then turned on his emergency lights, the SUV stopped, and the officer pulled up behind it. When the officer asked the vehicle’s only
passenger, Taylor, for his driver’s license, he detected an odor of alcohol on Taylor’s breath and noted that his speech was slurred and hard to understand. Taylor’s eyes were also bloodshot and glassy. When the officer asked Taylor where he was before he began driving, Taylor answered that he had been at a bar. The officer asked Taylor to step out of the SUV so that he could administer field sobriety tests. The officer determined that Taylor failed the horizontal gaze nystagmus, the nine-step walk-and-turn, and the one-legged stand. He placed Taylor under arrest for suspicion of DUI. A back-up officer arrived and searched the vehicle to locate any alcohol or open containers. The search of the SUV’s console turned up a clear plastic baggie containing smaller bags of cocaine. Taylor was charged with various drug, alcohol, and traffic offenses. He moved to suppress the cocaine, claiming that it was seized in violation of his Fourth Amendment rights. His motion was denied and he was convicted. He appealed to the Court of Special Appeals which affirmed his conviction. COSA rejected Taylor’s Fourth Amendment argument. It relied on Arizona v Gant, 556 U.S. 332 (2009), where the Supreme Court decided that a police officer may conduct a vehicle search incident to a lawful arrest when it is "reasonable to believe" that evidence related to the crime of arrest might be found. This "reasonable to believe" inquiry is the same as a "reasonable suspicion" standard for a stop and frisk. In applying the standard to the Taylor matter, COSA pointed to the officer’s experience with inebriated motorists; his reasonable belief that a DUI arrestee would often have alcoholic beverages in his vehicle; the connection between alcohol consumption and inebriation; the fact that the officer never saw Taylor drink outside of the vehicle; and the fact that the presence of open alcoholic beverage containers in a vehicle is a way of proving DUI in Maryland. The officer had reason
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CRIMINAL LAW UPDATE Continued from page 24 to believe that Taylor would have alcoholic beverages in his SUV and, thus, the search was justified.
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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September 2015
Signature Sponsors The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor will host one of teb signature events held throughout the year, thereby reducing the cost of the event for members, and many other added benefits. Sponsorships help the Bar Association maintain its current dues level, despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410 -337-9103).
LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions. Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher
Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts
If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org.
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, and can be located quickly using the index at the end of the issue, and by the gold ribbon that accompanies their ad. Please let them know you appreciate their support. Thank you!
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Committee Programs Criminal Law Committee
Mezzanine 08, 5 - 6 p.m. October 14, 2015 December 9, 2015 February 10, 2016 April 13, 2016 June 8, 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!
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
Memorial & Recognition Committee November 19, 2015, 3:30 p.m., Annual Memorial Service. 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 J. Michael Recher John Wilmer Conrad III Emily Miller Rody Magistrate Jacqueline E. Dawson
Estates & Trusts Committee September—Happy Hour October November
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 THE ADVOCATE
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 sponsorships to provide a few cocktails and appetizers. If you are able to do so, at $100 per firm,
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Committee Programs 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 October 2, 2015 @ CCBC Owings Mills November 13, 2015 @ CCBC Essex April 15, 2016 @ CCBC Catonsville
March 3, 2016 April 13, 2016
Technology Committee To Be Scheduled … MDEC, e-filing status and coming attractions 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 September 10, 2015, Greene Turtle, Towson Bar Year Kick-Off Party, 5 p.m.
Real Property Committee September 24, 2015, Ocean Pride Restaurant Annual Crab Feast, 6 p.m.
Mezzanine 08, 12 - 1:30 p.m. Brown Bag Lunch September 10, 2015 November 17, 2015 March 8, 2016 May 10, 2016
State, Local Laws & Zoning Committee September 29, 2015, 5-7 p.m., Whiteford, Taylor & Preston, Towson Office Meet & Greet the County Council Dinner Programs, 6 p.m. November 4, 2015 February 4, 2016 THE ADVOCATE
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The Baltimore County Bar Association
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100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
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The Law Offices of Peter G. Angelos For their generous sponsorship of the printing and mailing of this Special Edition of The Advocate
MEMBER ADVERTISEMENTS Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a Partner’s desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free parking. Close to Towson court houses, I695 and I83. Email randy@waselaw.com or call 410-828-8500. Dundalk. Available office space in Dundalk. Call 410-288-2900. Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet, small bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively, necessarily) is desired. Spin-off work will be available. Rent $650/mo. Contact J. Michael Lawlor at 410-494-1800 or lawloresq@verizon.net. Towson law offices available for sublet. We are four busy lawyers working in a nicely furnished suite of offices on the 8th floor of 401 Washington Avenue, overlooking the Old Courthouse. We have 1-4 lawyer’s offices, plus work stations for legal assistants available. Suite is equipped with phones, reception area, conference room, kitchen, copier and postage meter. Competitive rates. http://www.401washingtonave.com. Macy Nelson, 410-296-8166 x 290; gmacynelson@gmacynelson.com.
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