THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 3
September 2016
PRESIDENT’S MESSAGE by Robert J. Thompson Have you ever had one of those days when nothing seemed to go right? As I write these words, my wife and I are sitting in the airport in Boise, Idaho. It’s August 9th, and by the time you read these words, you may have forgotten that on August 8th, all of Delta Airline’s computers went kaput, resulting in cancellations, delayed flights, and travel nightmares from sea to shining sea….. In our case, our plane started boarding about twenty minutes ago, and then the gate agent announced that there were no pilots to fly the plane to Minneapolis. So, here we sit, in Boise….. With one eye on my quickly draining laptop battery, and the other gazing out across the airfield where the thin, turquoise sky meets the sun drenched mountains, dotting the landscape with the shadows of sage brush and the occasional tree, I’m thinking about adaptability. How do we handle
unexpected situations, how do we adjust to changing circumstances? These questions are on my mind because, it seems, circumstances are always changing, and today is the perfect example…. Will I have to sleep in an airport tonight? What brought me to Boise in the first place was a trip home from the National Conference of Bar Presidents meeting I attended last week in San Francisco. The meeting was very informative, and a great opportunity to share ideas with and learn from leaders of local and State bar associations from around the country. We didn’t talk about adaptability directly last week, but as I sit here with commotion all around me, overhearing complaints about how delayed flights are going to affect my fellow travelers, their families and their jobs, I’ve come to the conclusion that “adaptability” was really the only Continued on page 2
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Inside This Edition Calendar of Events Committee News Court Notices Criminal Law Update Family Div Assignments Family Div Highlights Judge Williams Retires Judicial Portrait Fund Kick-Off Party! Lawyer in the Lobby Lawyers Assistance LRIS News Member Ads Portrait Unveiling Professionalism Red Lipstick Racers SAVE THE DATE Signature Sponsors Tailgate Flyer WLC Annual Meeting
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Signature Sponsor September 2016
PRESIDENT’S MESSAGE Continued from page 1 thing we talked about in San Francisco, even if we were using other words.
Delayed flight update: The gate agent just announced that there are pilots on the way, and the plane should be delayed by no more than another hour…. So at this point, my opportunity for personal adaptability looks like it may be limited to rescheduling my connection from Minneapolis to Baltimore, rather than attempting to make flight plans for tomorrow or the next day…. Either way, grrrhhhh! But back to more constructive thoughts: We, as lawyers, are adapting, it seems to me, nearly every minute of every day. We learn new facts about our cases; we learn about precedent that may affect our trial strategy; we get new demands from clients, or vendors, or a million or so other things. To thrive as a lawyer, one must be able to adapt. Bar Associations must be the same way. The reason bar associations exist in the first place is to serve their members: you and me. If the members must constantly adjust, then, in order to properly serve them, the bar association must do so as well. Apropos of that, I want to open the door to each of you to let us know what you need from your bar association: How can we adapt to better serve you? What can we do better? What should we be doing that we’re not doing, or, what are we doing that is no longer necessary? THE ADVOCATE
We are here to serve you. And because that is our focus, I’d like to extend a sincere invitation to each of you: talk to a member of the Executive Council and express your concerns, ask your questions, and make your recommendations. If you are interested and available, join us at our monthly meetings, and you’ll have the chance to air your concerns in an open forum where your questions and concerns will be addressed respectfully. Now I know for most of us, an invitation to yet another meeting is about as exciting as a coupon for a free colonoscopy, but I want to be on record that this bar association belongs to you, we want your input, and we want to be adaptable and as valuable to you as each of you are to me and the other members of our Executive Council and staff. Delayed flight update: The flight from Boise left about ninety minutes late, and with the exception of the fact that the flight attendant refused to give me a second bag of peanuts, it arrived in Minneapolis without incident... I’m guessing the request didn’t register, and, with all the stress she’s been through in the last couple of days, I didn’t think it was worth pursuing. In Minneapolis we learned that the next flight would be delayed because there were no flight attendants…. After waiting an hour or so, five flight attendants arrived to loud applause by those of us waiting to board the plane. They seemed to appreciate that as much as we appreciated seeing them. The plane finally left Minneapolis and we eventually made it home…. and as importantly, so did our bags!! I hope that by the time you read this, the current travel nightmare will be well in the past for everyone, and that everyone will have come through with their dignity in tact. Thanks for all you do! Happy Labor Day and Happy September!! Rob Thompson, BCBA President, 2016-2017.
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C ALENDAR
2016-17 Officers President Pres-Elect Secretary Treasurer
Robert J. Thompson Adam T. Sampson Rebecca A. Fleming
Hon. Keith R. Truffer Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Hon. Vicki Ballou-Watts, Immediate Past President Alaina L. Storie, YL Chair
The Advocate Thomas S. Basham, Committee Chair Annamaria M. Walsh Committee Vice -Chair
Contributing Writers C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Alexander C. Steeves Laurie Wasserman Catherine F. Woods Matthew I. Wyman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.
E VENTS
September 2016
Michael W. Siri
Executive Council
OF
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COURTS & BAR OFFICE CLOSED (Labor Day) Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Rm 412 Town Hall Meeting w/Judges Cox & Ensor, 12:30 p.m., Courtroom 15 Town Hall Meeting w/Judges Cox & Ensor, 5 p.m., Courtroom 12 Professionalism Committee Meeting, 5 p.m., Proctor & McKee 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) Bruce Friedman and Bambi Glenn (Family Law) Richard Lebovitz and Lynne Peace 14 E&T: Succession Planning for Attorneys, 5 p.m., Grand Jury Room 15 NIWC: Streamlining a Motor Tort Case, 5 p.m., Grand Jury Room 20 Executive Council Meeting, 8 a.m., Judicial Conference Room 412 20 Family Law Annual Meet & Greet Dinner, 6 p.m. 22 Bar Year Kick-Off Event, 5 p.m., Greene Turtle, York Road, Towson 26 Judicial Law Clerk Welcome & Reception, 4:30 p.m., Grand Jury Room 28 Family Law: What You Need to Know When Representing Clients With Mental Illness, 5 p.m., Grand Jury Room 29-1 MSBA Conference of Bar Presidents, Lancaster Marriott
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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 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 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
Publication deadline: 10th of the month preceding publication.
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COURT NOTICES Circuit Court for Baltimore County
Chambers of Kathleen Gallogly Cox Circuit Administrative Judge & County Administrative Judge
County Courts Building Towson, Maryland 21204 410-887-6510
ASSIGNMENT OFFICES RELOCATED The new Assignment Office for the Circuit Court opened on August 16th. It is located on the Mezzanine Level 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. We also think the new set up will be more convenient for the Bar, and we would like to hear your thoughts.
TOWN HALL MEETING The Circuit Court will hold Town Hall Meetings on civil, non-domestic cases on Monday, September 12, 2016 at 12:30 p.m. in Courtroom 15 (4th Floor) and Tuesday, September 13, 2016 at 5 p.m. in Courtroom 12 (3rd Floor), County Courts Building, 401 Bosley Avenue, Towson, MD 21204. No registration/RSVP is required. The purpose of the meetings is to discuss and get input from attorneys who handle civil, non-domestic cases regarding anticipated changes in the Court’s Civil Differentiated Case Management Plan. The Town Hall Meetings are being offered at two different times, in order to provide attorneys the opportunity to attend when most convenient.
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 4 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 the Bench seeks input from the Bar at the Civil Town Hall meetings.
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COURT NOTICES Circuit Court for Baltimore County
FAMILY DIVISION ASSIGNMENTS, 2016-2017 The following Judges will serve in the Family Division for six months effective July 1, 2016: Judge Kathleen Gallogly Cox Judge Susan Souder Judge Vicki Ballou-Watts Judge Judith C. Ensor Judge Paul J. Hanley Judge Julie L. Glass The following Judges will serve in the Family Division for six months effective January 1, 2017: Judge Mickey J. Norman Judge John J. Nagle III Judge Jan Marshall Alexander Judge Justin J. King Judge Colleen A. Cavanaugh Judge Keith R. Truffer
FAMILY LAW COMMITTEE ANNUAL MEET & GREET Wednesday, September 20, 2016, 6 p.m. Please join members of the family law bar for one of the most well-attended programs of the year, to meet and greet the Family Law Judges and Magistrates. Register online at https://members.bcba.org/calendar/
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THE HONORABLE ALEXANDRA N. WILLIAMS by Carolyn H. Thaler I sat down with Judge Alexandra Williams recently, as she reminisced about her coming retirement as Administrative Judge for the District Court of Baltimore County. Judge Williams recalled a 22year career on the bench, with 14 of those serving as the Administrative Judge. Judge Williams looked fondly back on those years and recalled her predecessor, Judge Mike McCampbell, who served as Administrative Judge when Sandy was appointed. Sandy worked with Judge McCampbell through his long illness and eventually took the reins when Judge McCampbell died. She cited him as one of the many influential people during her career.
person, their day in court, and they deserved the full measure of her attention. Judge Williams served on Commissioner Education, as Vice-Chairman of the Judiciary’s Legislative Committee the Baltimore County Bar Association’s Bench Bar and Law Day Committees, and the Justice Coordinating Council.
Judge Williams will still continue to sit and is looking forward to handing the baton to Judge Dorothy Wilson, who will serve as the new Administrative Judge. She said she was amazed every day at how many attorneys came to court and many of them well Judge Williams started off in the prepared to try their case and State’s Attorney’s Office in the collegiality of the bar in The Honorable Alexandra N. Williams, Baltimore County and was there for many instances. She said she presiding at Law Day 2016 in Ceremonial Courtroom No. 5 15 years. She worked in the sex will miss her colleagues on the offenders unit with Judge Dana bench who brought their own Levitz. Judge Williams stated that she never felt an unique style of working to the job, and has been interest in private practice and always felt her role touched by the support from the courthouse family as was in public service. she prepares to leave her position. She joked about having to go through 22 years of paper that she will Judge Williams recalled some of the amusing stories happily leave behind. that happened in her courtroom and said that every day was different. There was never a sameness to the Judge Williams has always been active in the job for her because her perspective was that the community, having served on many boards, and plaintiffs and defendants that came to court were currently has been appointed to serve on the entitled to a careful consideration and even though Maryland State Bar Foundation, and will remain the docket was often unyielding, it was to that active in the Baltimore County Bar Association.
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Portrait Unveiling Ceremony To Honor Ma s t e r J a c q u i e Da w s o n Monday, October 17, 2016 4:30 p.m. Courtroom 2 Circuit Court for Baltimore County
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RED LIPSTICK RACERS RIDE AGAIN! by Carl R. Gold The event is September 18th atGibson Island. Many members of the Baltimore County Bench and Bar are participating and we would love you to join us. Angel swimmers are available for those of you with any trepidation about swimming in the open water they will swim along with you stroke by stroke. It is a deeply spiritual experience as many survivors participate as volunteers, cheerleaders and swimmers. The link to join our team is http:// www.swimacrossamerica.org/site/TR/OpenWater/ Baltimore?team_id=18233&pg=team&fr_id=3932. Once again, members of the Red Lipstick Racers will take part in Swim Across America in memory of S. Ann Brobst and other friends and loved ones we have lost, and in honor of those fighting now. Like many of you , I still think about Judge Brobst all the time and this is one way to keep her in our hearts. We all share the loss of so many absent friends as a result of this cruel disease and so often feel helpless. All proceeds from the Baltimore Swim go directly to cancer research at Johns Hopkins. Each year doctors come to the event and share the progress they are making funded directly by our efforts.
You can use that link to make a donation also. If the link does not work , simply Google Swim Across America, Baltimore Open Water Swim and go to our team page. Thanks again for your support.
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
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CIVILITY AS THE CORE OF PROFESSIONALISM by William F. Alcarese, Jr.
As attorneys, we belong to one of the noblest professions; charged with the responsibility of advocating for others at the worst of times. In the hustle and bustle of practicing law, from initial consultations to closing case files and everything in between, we are always looking to improve our skills. We review the Maryland Rules, case law and recent developments, to always stay sharp. Yet, something that has been preached to us as soon as we became members of the Bar, professionalism, often becomes an afterthought. Did you even know that the BCBA has a Code of Professionalism? Visit the Code of Professionalism on their website: (http://www.bcba.org/missionstatement-code-of-professionalism/) and do a selfcheck – how do you measure? Go one step further and print it out and leave it in a conspicuous place in the office so that it serves as a constant reminder as to how we should conduct ourselves. There is no monetary commitment involved with following the Code of Professionalism, only a personal commitment that will pay dividends.
The Code of Professionalism principles are relatable across the profession, and in our personal lives, too. Civility should apply in our interactions with other members of the bar as well as all the people we interact with on a day to day basis within the legal profession such as a self-represented litigant, office staff and courthouse personnel. Your reputation will always precede you. It takes a long time to build your reputation and a moment of indiscretion to tear it all down. Keep this in mind when confronted with a predicament and default to the old adage that you should treat others as you would want to be treated yourself. Do you know someone that carries himself or herself with the highest regard for the legal profession? The Professionalism Committee is currently seeking nominations for the J. Earle Plumhoff Professionalism Award which will be presented at the Annual Black Tie Banquet on January 26, 2017. Nominations will be accepted through November 10, 2016.
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 Recipient of this award must be: A
Baltimore County Bar Association member at least 5 years; Have
made professional contributions Baltimore County Bar Association activities;
to
Have
made contributions of time and resources that have gone largely unnoticed; and High
marks for dignity, integrity and civility.
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
Nominations should be sent to the Bar Office. Deadline for submission is November 10th . THE ADVOCATE
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CRIMINAL LAW UPDATE by Robert C. Lidston The July Amicus features a Court of Appeals and two Court of Special Appeals decisions which may be of interest. Hall v. State, No. 50, September Term 2015, filed June 23, 2016 (opinion by Battaglia, J.). Beverly Hall was charged with one count of neglect of her three year old minor son in violation of Criminal Law section 3-602.1, for having left the child over a 2-day period under the supervision of his fourteen year old sister. Ms. Hall filed a motion to dismiss the charge, contending that section 3-602.1 was unconstitutionally vague, because the statute failed to inform an ordinary person of the conduct prohibited and failed to specify at which point personal parenting choices rise to the level of neglect. These failings, she contended, subjected the statute to arbitrary and discriminatory enforcement. The trial judge decided that the statute was not vague and denied her motion. Ms. Hall was tried, found guilty, and sentenced to a period of incarceration. She appealed to the Court of Special Appeals, arguing that section 3-602.1 was void for vagueness and that the evidence against her was insufficient to support a conviction. COSA affirmed the conviction. The Court of Appeals reversed the conviction. The Court decided that the evidence presented was not sufficient to support a conviction under section 3602.1. That section of the Criminal Law Article requires that the parent’s conduct be such that it creates a substantial risk of harm to the physical health of the child and that a reasonable parent would not engage in such conduct. The Court held that this objective standard did not support the conclusion that Ms. Hall created a "substantial risk of harm" to the physical health of her son. The three year old, who was difficult to handle, had been left over night in the care of his fourteen year old sister, but this was done only after Ms. Hall had seen that the youngster was fed and ready for bed. Leaving the son in the care of a fourteen year old was objectively reasonable considering that, statutorily, a thirteen year old is deemed an appropriate caretaker of a child under eight years of age. Ms. Hall had agreed not to leave the youngster under the supervision of her daughter, THE ADVOCATE
but that agreement did not convert her actions to a criminal act. The Court believed Ms. Hall was negligent in not responding the telephone calls from the daughter and authorities. However, this did not rise to the level of criminal child neglect. Blanks v. State, No. 1050, September Term 2015, filed June 2, 2016 (opinion by Eyler, Deborah S., J.). Blanks was charged with violating his probation by using marijuana and failing to report to his agent. At the revocation hearing, the State presented testimony from the director of the laboratory that had tested Blank’s urine sample. The director had not personally handled the sample but had certified the test results showing the presence of marijuana. He testified generally about lab procedures and how test results are verified. The defense attorney objected to the admission of the lab report, but it was admitted into evidence. Blanks was found in violation of probation and ordered to serve the remainder of the sentence. On appeal, the Court of Special Appeals affirmed the lower court’s finding. At trial, defense counsel had objected to the lab report admission on confrontation grounds. COSA noted that, under the Sixth Amendment, an accused in a criminal trial has the right to confront witnesses against him. However, a probation violation hearing is a civil, not a criminal proceeding. The Sixth Amendment Confrontation Clause does not apply. Probationers do have a right to confront witnesses under the Due Process Clause of the Fourteenth Amendment, but that right is not co -extensive with the Sixth Amendment confrontation right. The Supreme Court has held that the Sixth Amendment confrontation right prohibits hearsay from being admitted unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine him. This does not apply to probation violation hearings. The laboratory director’s testimony, along with other testimony, established that the lab results were
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CRIMINAL LAW UPDATE Continued from page 14 reliable and that they were otherwise admissible as a business record. The hearing record and the court’s ruling indicated that there was good course to dispense with additional live testimony from other employees of the lab. The due process right to confrontation was satisfied in this case.
revisory power to revive the second prosecution and no fundamental jurisdiction to grant a judgment of acquittal in that proceeding. Without fundamental jurisdiction, the grant of a judgment of acquittal "is a nullity, for an act without such jurisdiction is not to act at all."
State v. Johnson, No. 189, September Term 2015, filed June 29, 2016 (opinion by Wright, J.). Johnson was indicted for murder and tried by a jury. He was acquitted of first degree murder but convicted of second degree murder. He filed a motion for a new trial which was granted based on a Brady violation. At the new trial, Johnson moved for a mistrial. The court initially denied the motion, but later indicated that it would take "the weekend to think about this." On the same day, the State rested Johnson made a motion for judgment of acquittal. Without objection from the defense, the trial judge suggested that the motion for judgement of acquittal be addressed on the following Monday, "because ... I’ve got the other issue to consider between now and then, too." When trial resumed, the court announced that it was going to grant the motion for a mistrial. It then discharged the jury and scheduled another trial. Johnson filed the Motion to Dismiss Indictment on Ground of Double Jeopardy. At a hearing on motions, the court treated Johnson’s motion to dismiss the indictment as a motion for reconsideration and struck its previous grant of a mistrial. It then granted Johnson’s motion for judgment of acquittal. The State filed a new indictment and Johnson moved to dismiss the case. The trial court granted the motion and the State appealed. The Court of Special Appeals reversed. Jurisdiction refers to two distinct concepts: (I) fundamental jurisdiction, or the power of a court to render a valid decree, and (ii) proprietary jurisdiction, or the propriety of granting the relief sought. When the trial court declared a mistrial and discharged the jury in the second prosecution, the second prosecution became "no trial at all." Thus, the trial court had no THE ADVOCATE
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BASIC INTERDISCIPLINARY COLLABORATIVE TRAINING by Annamaria M. Walsh
This November the Maryland Collaborative Practice Council is sponsoring a 2-day Basic Interdisciplinary Collaborative Training. The featured trainer will be Rita Pollak, Esquire, past President of the International Academy of Collaborative Professionals (IACP). Ms. Pollak is an experienced Collaborative family law attorney, trainer, mediator and facilitator. She has been on the faculty of Collaborative trainings since 2000, in Massachusetts, New Hampshire, Maryland, Ohio, Florida, Missouri, Maine, New Mexico, Oregon, Washington, Oklahoma, Canada, and the Netherlands, where she and Dr. Cathy Heenan were invited on five occasions to offer Basic and Advanced trainings to over 250 professionals. The training is open to attorneys, mental health professionals and financial professionals. A flyer and registration form are on the next page. Please feel free to contact me if you have any questions or want more information about the training or about Collaborative Practice. Annamaria M. Walsh, Esquire Walsh Legal, LLC 406 E. Joppa Road Towson, MD 21286 Phone: 410-494-4921 awalsh@awalshlegal.com
LAWYER REFERRAL & INFORMATION SERVICE NEWS by Rachel M. Ruocco, Director
Has it been awhile since you received a referral? This is because of one of two reasons – your LRIS panel membership has expired and you need to renew, OR you need to update your open cases. If you have not renewed for the 2016-2017 year, you will not receive any referrals until you do so. Please complete and return the application with payment if you have not done so already. http://www.bcba.org/site/wp-content/ uploads/2016/05/LRIS-Application-Rules-Min-Qualifications-2016-17.pdf . It is also important that each Status Update Report be completed and returned to me within 30 days of receipt or your name will not show up on referral rotations. Please remember your LRIS phone screening requirement, which is 4 times a year. There are plenty of available time slots on the calendar and we would love to see you in the Bar Office! Sign up is at www.shiftboard.com/bcba. As a reminder, the dress code for phone screening is business or business casual. No denim, please. Thank you for your participation in Lawyer Referral. concerns.
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I am always open to questions, comments, and
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LAW LIBRARY NEWS LEXIS ADVANCE The Law Library recently switched over to Lexis Advance. Stop by the library and be one of the first try out the new format. If you would like personalized training on Lexis Advance or any of the library’s resources, please contact Scott at 410-887-3086 to schedule an appointment.
NEW ITEMS The following hot topic books were either updated or added to the library’s collection in May. Land use institute 2015 -- Balto. Md. MICPELKFM, 2015. Money laundering : legislation, regulation & enforcement / Weismann, Miriam. -- Chicago, IL: ABA, 2014. Municipal law deskbook / Scheiderich, William. -- Chicago, IL: ABA, 2015. Ocean and coastal law and policy / Baur, Donald; Eichenberg, Tim. -- Chicago, IL: ABA, 2015.
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BAR FOUNDATION REPORT JUDICIAL PORTRAITS by John B. Gontrum
Your help is still needed in assisting the Foundation in funding the portraits of several deceased Circuit Court Judges. The Baltimore County Bar Foundation exists as an independent charitable organization with missions to foster and maintain the honor and integrity of the profession of the law; to improve and to facilitate the administration of justice; to enhance and improve the image of lawyers; and to promote the study of the law and research therein, and the diffusion of knowledge thereof.
Protect your personal and organization’s photographs forever. Guarantee they will be in a retrievable format 10, 20, 50+ years from today. The “free” services are a gamble not worth taking, since they own your photographs, and can remove them at any time. What would you do if you logged on, only to find them all gone?! Email forever100plus@gmail.com for more information on how to protect your legacy. THE ADVOCATE
A few years ago a request was made to the Foundation to act to provide for those wishing to donate funds in order to honor deceased members of the Circuit Court Judiciary by having their portraits made and placed in the court house. The Foundation board believed that this was an appropriate task under its charter. To date, funds have been donated in varying amounts for portraits of Judges Jenifer, Brannan, Hinkle and Jacobson. Judge Buchanan’s portrait was fully funded by his family. Other portraits have been funded privately. Unfortunately, although each portrait costs a very reasonable $4,100, the funding has not gone as hoped, possibly because the pool of attorneys familiar with the deceased jurists has grown smaller with the passing of time. Judges Jenifer and Brannan, for example, both passed away decades ago. Consequently, the Foundation is in need of funds in order to cover the cost of completion of the portraits. A gift of any size would be appreciated, and would be tax deductible. At this point the Foundation owes $16,400 for the portraits commissioned, and less than a third of that has been received. We believe that the traditions initiated in Courtroom Five are important in establishing the continuity of the bar and the role of these individuals in the history of the county. We appreciate any consideration you might give to this appeal.
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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
September 14, 2016, 5 p.m., Succession Planning for Attorneys October 18, 2016, 5:30 p.m., Perspectives from a Corporate Trustee
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.
November 9, 2016, 5 pm, Income Tax Considerations in Estate Administration December 6, 2016, 5 p.m., Estate Planning with Retirement Benefits January 18, 2017, 12 p.m., Inheritance Tax Roundtable March 21, 2017, Recent Developments in Estate Administration
CRIMINAL LAW COMMITTEE October 13, 2016, 5 p.m., Body Cameras, presented by Baltimore County State’s Attorney Scott Shellenberger
April 26, 2017, 5 p.m., Diminished Capacity
November 15, 2016, 5 p.m., Evidence, presented by (Ret) Judge Joseph F. Murphy, Jr.
June 21, 2017, 5 p.m., Legislative Update with Register of Wills Grace Connolly
February 9, 2017, Cars, Cops & Stops, presented by Prof. Byron L. Warnken
FAMILY LAW COMMITTEE September 20, 2016, 6 p.m., Annual Meet & Greet, Towson Golf & Country Club
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.
September 28, 2016, What You Need to Know When Representing Clients With Mental Illness, 5 p.m. October 19, 2016, Defacto Parenting (Conover v. Conover), 6 p.m.
ENTERTAINMENT COMMITTEE
October 21, 2016, Child Counsel (BIA) Training, 9 a.m.-4 p.m.
October 9, 2016, Ravens Tailgate! THE ADVOCATE
May 24, 2017, 5 p.m., Annual E&T Dinner
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Committee News November 16, 2016, 5 p.m., Liens
LAWYER REFERRAL & INFORMATION SERVICE
March 9, 2017, 5 p.m., Workers’ Comp 101 & Vocational Rehabilitation
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.
May 16, 2017, 5 p.m., Medical Malpractice Cases/ Opening Arguments
PROFESSIONALISM COMMITTEE This committee will meet at 5 p.m. on the following dates:
MEMORIAL & RECOGNITION COMMITTEE Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to the members. Thank you. Those members who will be honored at 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
September 12, 2016 @ Proctor & McKee October 3 or 17, 2016, via conference call November14, 2016 @ Proctor & McKee December 12, 2016, via conference call J. EARLE PLUMHOFF PROFESSIONALISM AWARD, to be presented at the Annual Black-Tie Banquet on Thursday, January 26, 2017. Nominations will be accepted through November 10, 2016. The award criteria and a list of prior recipients can be found on the BCBA website, Professionalism Committee Report.
PUBLIC AWARENESS & SPEAKERS COMMITTEE 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
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.
Teaching opportunities available. Please contact Committee Chair Donna McElroy (dmcelroy@lfbalaw.com or 410-879-8877). Prepared PowerPoint presentations provided for each class.
Negligence, Insurance & WC Committee September 15, 2016, 5 p.m., Streamlining A Motor Tort Case
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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
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LAW LIBRARY NEWS RULE 16 CHANGES! The Courts promulgated new rules on June 6, 2016, effective July 1, 2016. Those changes consisted of Rule 16 and Maryland Lawyers’ Rules of Professional Conduct and the Rules Governing Admission to the Bar of Maryland being rescinded and replaced by new Rules 16, 18, and 19. These changes may not have fully propagated through the various print resources. The June supplement to the Lexis version of the Rules does not reflect these changes. However, the online versions do appear to reflect the proper changes. NEW BOOKS The following hot topic books were recently either updated or added to the library’s collection: Damages: A State by State Summary Preparing for Trial: 60 Days and Counting by Bruce W. Felmly Taxation of Entertainers, Athletes, and Artists by Lionel S. Sobel Reasonable Efforts: A Judicial Perspective by Judge Leonard Edwards (retired judge and juvenile court consultant) This book was donated by Judge Timothy Martin. Traditionally juvenile court judges have had to decide which facts are true, what evidence is admissible and then must enforce the rules necessary for presentation of child welfare cases. Now these same judges also have an oversight responsibility created by Congress in 1980. They must evaluate the quality and quantity of services provided to children and families in the child welfare system through the use of reasonable efforts findings. Reasonable efforts must be made to prevent the removal of children from their families, to give families an opportunity to reunify after the children have been removed and to secure permanence for children. Recognized nationally, Judge Leonard Edwards emphasizes and defines the role of juvenile court judges in this book. ANNOTATED CODE OF MARYLAND CHANGES The material in the Alcoholic Beverages Article has been transferred from article 2B of the Annotated Code of Maryland published by Lexis (Michie) into thirty-three titles in four separate maroon volumes that consist of the following: Alcoholic Beverages I Titles 1-12, Alcoholic Beverages II Titles 13-21, Alcoholic Beverages III Titles 22-28 and Alcoholic Beverages IV Titles 29-33. NEW LEXIS ADVANCE SUBSCRIPTION ADDITIONS The following titles were added to the Circuit Court Law Library’s Lexis Advance Subscription: Guide to Toxic Torts ABA Model Jury Instructions: Business Torts Litigation ABA Model Jury Instructions: Construction Litigation ABA Model Jury Instructions: Employment Litigation Americans with Disabilities Act: Employee Rights and Employer Obligations Anteau on Local Government NEW JOURNAL TITLES IN HEIN ONLINE The following journals were added to the Circuit Court Law Library’s Hein Online subscriptions: Art and Museum Law Journal Law in Context: A Socio-Legal Journal Legal Information Review – An annual journal that uses a blind, peer-review process to approve or reject articles from legal information professionals Manchester Review of Law, Crime and Ethics THE ADVOCATE
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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 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).
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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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 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.
Maryland Judiciary Partners with the Maryland Volunteer Lawyers Service to Produce Videos for Maryland Homeowners New Videos Help Marylanders Understand Foreclosure Legal Process ANNAPOLIS, MARYLAND (August 24, 2016) − The Maryland Judiciary has created two new videos in partnership with the Maryland Volunteer Lawyers Service (MVLS) to help Maryland homeowners understand the foreclosure legal process, including mediation. The videos, “The Foreclosure Process” and “Foreclosure Mediation,” provide information about what foreclosure is and what happens during mediation. “The Maryland Judiciary is committed to advancing access to justice for all Marylanders. Through these new videos, Maryland homeowners will gain a better understanding of the legal process, terminology, and options that may be available to them should they face foreclosure proceedings,” said Court of Appeals Chief Judge Mary Ellen Barbera. “We have tailored the content of these videos to address the needs of people facing foreclosure now, who may be unable to afford legal representation during this time or prefer to represent themselves.” The videos are part of the Maryland Judiciary’s online self-help video library, My Laws, My Courts, My Maryland. Anyone can access the library and gain greater clarity to complex legal principles and procedures. A July report by RealtyTrac, Inc. on foreclosures in the U.S. lists Maryland as having the third-highest foreclosure rate in the country, an improvement from second-highest in June. RealtyTrac reports a 33 percent decrease in the number of properties receiving foreclosure filings from July 2015. “Since the national foreclosure crisis began in 2008, MVLS has been the largest pro bono legal services provider in a statewide foreclosure prevention project,” said Bonnie Sullivan, executive director, MVLS. “We THE ADVOCATE
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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
The printing of this issue of The Advocate was made possible through the continued support and generosity of
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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