THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 3
September 2017
PRESIDENT’S MESSAGE by Adam Thomas Sampson Drum roll, please … Announcing the BCBA’s contest to find the next “Softie.” Will it be you? Ok, so you know we needed to come up with a fun way to raise money for this year’s designated charity, Show Your Soft Side. BCBA members can submit a photo of their dog or cat: entry fee is $10 per photograph. Only one pet per photo, please. You can enter multiple pets, you just pay $10 for each entry. Photo must include only your pet, not you (and not your adorable children!). Photos must be emailed to doris@bcba.org in jpg format. . You will receiving a confirming email acknowledging receipt. Deadline for entries is March 1, 2018. On or about March 15, 2018 we will post a collage of all entries received, each entry will be numbered one through (whatever). That’s when the voting will begin. All BCBA members will be
encouraged to vote for their favorite photograph(s) - $1 per vote. Participants can ask friends, family and colleagues to vote for their pet (by telling them which numbered photograph is your pet). We are confident that the voting will be fast and furious, and will raise much-needed funds for the charity. The winner will be announced on Law Day, May 1, 2018. The winning participant (and their dog or cat) will be the next “Softie” to be photographed and included in the charity’s print ad campaigns with other celebrity Softies. You can see several of them throughout The Advocate, and also on postcards available at the Bar Office. So, make that appointment with the groomer, keep your camera (or smartphone) ready, and submit the most precious shot of your furry friend!
Inside This Edition Annual Sponsors BCPD Forensics Tour Bar Kick-Off Party Calendar of Events Committee News County Council Update Court Notices Criminal Law Update Lawyers Assistance Legends of the Brdroom Member Ads Portrait Unveiling Ravens Tailgate Save-The-Date Flyer Stated Mtg & Reception 3rd-Party Compensation
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H a w k M o r t g a g e G r o u p , L L C , Signature Sponsor THE ADVOCATE
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C ALENDAR
2017-18 Officers President Pres-Elect Secretary Treasurer
Adam T. Sampson Rebecca A. Fleming Michael W. Siri Jay D. Miller
Executive Council Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr.
Robert J. Thompson, Immediate Past President A. Neill Thupari, YL Chair
The Advocate David F. Luby Committee Chair Ari J. Kodeck Committee Vice -Chair
Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine D. Jill Green William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Anne L. Preston Kimberly K. P. Rothwell Jeffrey R. Scholnick Paul J. Schwab Scott D. Shellenberger Angela J. Silverstein Alaina L. Storie Britt L. Stouffer Whitney E. Wilder Matthew I. Wyman
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E VENTS
September 2017 4 5 12 13 13 14 14 18 19 19 26 27 28
COURTS & BAR OFFICE CLOSED in observance of Labor Day Family Law: Advanced BIA Training (1 of 3), 5 p.m., Grand Jury Room Professionalism Committee Meeting, 5 p.m, Royston, Mueller, McLean & Reid Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* Young Lawyers (Holiday Lunch) Planning Meeting, 5 p.m., BCBA Mezzanine Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 Legends of the Boardroom, 4 p.m., Hyatt Regency Downtown E&T Kick-Off Reception, 5-7 p.m., Towson Tavern Judicial Portrait Unveiling: Judge William R. Buchanan, 4 p.m., Courtroom 2 BCBA Membership Annual Kick-Off Reception, 5-7 p.m., Charles Village Pub Towson. This is a FREE event for all BCBA Members! Family Law Annual Meet & Greet Dinner, 6 p.m., Hayfields Country Club SLLZ: Baltimore County Charter Decennial Review, 5:30 p.m., Towson Tavern Hispanic Bar Gala, Martin’s Crosswinds. See page 15 of this issue for information.
October 2017 2 3 9 10 11 11 12 16 18 18 19 19 19 23 24
ADR: Mediator Certification , to be scheduled Family Law: Advanced BIA Training (2 of 3), 5 p.m., Grand Jury Room COURTS & BAR OFFICE CLOSED in observance of Columbus Day NIWC: Soft Tissue 101, 5 p.m., Grand Jury Room Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* Family Law: Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 Real Property: Liquor Licenses, 5:30 p.m., Country Club of Maryland E&T: Financial, 5 p.m., Grand Jury Room Law Day Committee Meeting, 5 p.m., BCBA Mezzanine Offices Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom No. 5 Stated Meeting & Committee Reports, 4:30 p.m., Ceremonial Courtroom No. 5 Young Lawyers Happy Hour, 5 p.m., 7 West Bistro Grille, sponsored by Howard Bank, BCBA Annual Signature Sponsor Family Law: Advanced BIA Training (3 of 3), 5 p.m., Grand Jury Room BCBA Annual Pro Bono Awards & Reception, 5 p.m., Pessin Katz Law
Please refer to Pages 20 - 24 of this issue for a complete listing of all programs, by Committee.
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: 15th of the month preceding publication.
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Click on the image above for a short video on SYSS.
*If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9103 x102
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COURT NOTICES
NOTICE TO CRIMINAL LAW PRACTITIONERS Effective immediately, the scheduling of guilty pleas on the Wednesday and Thursday afternoon guilty plea dockets will be done by the Circuit Court’s new Criminal Case Manager. Mr. Pokorny can be reached at 410-887-2853; ppokorny@baltimorecountymd.gov.
Judge Robert E. Cahill Jr. Lead Judge-Criminal
The Mezzanine Level of the County Courts Building is accessible using Elevator #3. This elevator is located at the bottom of the steps leading up to the Mezzanine Level. You must use the call button located to the left of the elevator door, and you will reach the Mezzanine Level by selecting “M” as the destination floor. The rear door of the elevator will open, leading to a hallway within the Jury Assembly Area. The elevator can be easily recalled from that same location to return to the Lobby, or to reach other floors in the courthouse.
Click the image above for a link to Caroline Griffin’s blog
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CLICK HERE for the complete listing of Moderators and Panelists, on page 38 of this issue.
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ANNUAL STATED MEETING - INSTALLATION OF OFFICERS by David F. Luby On June 22, 2017, judges and attorneys gathered in Ceremonial Courtroom 5 for the Stated Meeting of the Baltimore County Bar Association. Adam Sampson took over and was installed as the BCBA President for 2017-2018 and in a rare occurrence, two new members were welcomed to the BCBA Executive Council: Richard Grason VI and Robert K. Erdman, Jr.
following wish for the future of the organization, “God bless the Baltimore County Bar Association, and may the good deeds of her past be outshined only by the great deeds of the future.” With that, Immediate Past President Thompson introduced the next President of the BCBA, Adam T. Sampson. After the meeting was called to order by outgoing President Robert J. Thompson, the Minutes of the previous Stated Meeting were approved and the Treasurer’s report was presented by Michael W. Siri. Outgoing Chairs then gave their respective annual reports and handed the reigns over to the incoming Chairs for the new bar year.
After thanking his colleagues, mentors and family, President Sampson addressed his goals and desires
As President Thompson became Past-President Thompson, he provided gratitude and closing remarks on his year as President. He also offered the
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ANNUAL STATED MEETING - INSTALLATION OF OFFICERS Continued from page 8
BCBA President Sampson was joined by his lovely wife, Tara, and his son Ruddy.
for his coming year. As mentioned in his first President’s Message in the July issue of The Advocate, President Sampson’s focus and initiatives are based on the theme, “Amicus – friend of the court – Animals,” His charity of choice for this year is Show Your Soft Side, which was co-founded by BCBA member Caroline Griffin. This promises to be an exciting year in the area of animal advocacy, as the BCBA follows the lead of President Sampson. At the conclusion of his remarks, and as there was no new business before the bar, President Sampson adjourned the meeting and invited the members in attendance to the… well… bar at Towson Tavern for a celebratory reception. Special thanks to the reception sponsor, Law Offices of Peter G. Angelos.
James Temple III, Aidan Smith and Sandy Steeves
Craig Ward, Adam Sampson and Dana Williams
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COUNTY COUNCIL UPDATE by Thomas H. Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets yearround, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25). The Council’s Website: www.baltimorecountycouncil.org provides helpful information as well. At its August 7, 2017 Legislative Session, the Council passed the following items that may be of interest to the County Bar. Bill 43-17 – Zoning Regulations – Collection Bins – The Baltimore County Zoning Regulations (“BCZR”) currently regulate the placement of “collection trailers” on shopping center properties. Section 415B.1 allows collection trailers, profit and nonprofit, to be placed temporarily on shopping center properties, subject to a use permit granted by the Zoning Commissioner. Bill 43-17 amends this section to expand its scope to cover a “collection bin” which is defined as a stationary or free-standing container, receptacle, or similar device that is placed outdoors and is used for the solicitation and collection of nonperishable items of personal property to be donated or recycled for reuse. The bill allows these bins to be placed on industrial park properties and fuel service station properties, as well as on shopping center properties. A use permit must be obtained from the Director of the Department of Permits, Approvals & Inspections, and the Director must consider a list of factors set forth in Section 415B.1 and may apply the remedies listed in that section as well. Bill 45-17 – Zoning Regulations – Assisted Living Facilities – Bill 45-17 limits the proximity of assistedliving facilities I and II to other such facilities in Baltimore County. Currently, assisted-living facilities
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are permitted in the D.R., R.O., R.O.A., R.A.E., B.R., B.M. and OR-2 Zones of the County. In addition, there are three “levels” of assisted-living facilities (ALF’s) in the County. An ALF I allows for up to 7 residents; an ALF II allows for between 8 and 15 residents; and an ALF III allows for more than 15 residents. Whether permitted by use permit or by special exception depends on the Zone and the level of ALF proposed. Bill 45-17 does not limit the number of facilities or the zones in which assistedliving facilities may be located. Rather, the bill limits the “clustering” of such facilities in D.R. Zones by not permitting an ALF I or II in the D.R. Zones within 1,000 feet of another property with an existing ALF I or II or another property for which an application for a use permit has been filed for an ALF I or II. Charter Review – The Baltimore County Charter Review Commission, Chaired by former County Executive Theodore “Ted” Venetoulis and comprised of a number of members of the County Bar, is continuing its review of the Baltimore County Charter. This review has included regular meetings since March to pore over the provisions of the Charter in its entirety and to discuss possible changes. A public hearing was also held on June 21, 2017 to receive testimony from the public and members of community organizations. The Commission will continue to meet and discuss its recommendations over the next month, with its final report due to the County Council and the County Executive on October 15, 2017. For more information on the Charter Review Commission, please visit the Council’s Website and click on the yellow box under “Boards and Commissions” and follow the site to the Charter Review Commission page.
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ANNUAL SOFTBALL TOURNAMENT by Jonathan M. Herbst
2014 - Baltimore County wins FIRST PLACE for the first time in the 22 year history of this tournament. 2015 - Baltimore County successfully defends its title, winning FIRST PLACE again! 2016 - Although a gallant effort, Baltimore County earns SECOND PLACE, and vows to return next year for a first place win! 2017 - For the first time in the history of this tournament, Mother Nature soaked the fields at Watkins Park with enough rain Friday evening to render them unplayable on Saturday, August 12th, resulting in the cancellation of the tournament. Despite the best efforts by all teams to reschedule, it was necessary to wait until next year: August 11, 2018 (with a rain date of August 18, 2018. A sincere thanks to coaches Jon Herbst and Dave Luby for putting together a team ready to play; and to J.R. Francomano and Francomano & Francomano, P.A., for sponsoring the team shirts. We look forward to regaining the FIRST PLACE title next year!
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A TOUR OF THE BCPD FORENSICS & DNA LAB by Kimberly K. P. Rothwell
On July 24, 2017, the Solo & Small firm Committee hosted a tour of the Baltimore City Police Department Forensic Laboratory located at 601 East Fayette Street. The tour was led by Richard Remy, Forensic Scientist III from the Forensic Science and Evidence Division. First, we went to the DNA collection unit. All of the collectors wore protective white scrubs. The space was immaculate. We (the attendees) were not allowed to move from a small area that was located far away from the stations. In this lab, the scientists were conducting blood collection using two of their initial tests. There was another room inside where the biohazardous material hung individually to dry.
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During the tour, we learned about new technology that has been developed but not yet in use here in Maryland that would create a digital image of the person whose DNA was tested. Later we went to the lab were chemical tests were conducted and witnessed the robots perform “dry run” testing. Our guide was very knowledgeable, he taught our group about the six chemical tests that were used on suspected controlled dangerous substances, the four steps used for testing sperm, how DNA is separated, and more. Finally, we went to the gun museum which housed the most unbelievable guns. All-in-all, this was an extremely informative “field trip.” If you missed it, there’s always next time!
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THIRD-PARTY COMPENSATION TO ATTORNEYS by Craig P. Ward Inevitably, attorneys receive payment for legal services from individuals other than their clients. This is particularly true in family and criminal matters where a family member helps support the client financially by paying in whole or in part the legal fees. Md. Rule 19-301.8(f) provides: “an attorney shall not accept compensation for representing a client from one other than the client unless: (1) the client gives informed consent; (2) there is no interference with the attorney’s independent or professional judgment or with the client/attorney relationship; and (3) information relating to representation of a client is protected as required by Md. Rule 19-301.6.” An attorney’s independence of professional judgment may be compromised when a third-party payer becomes overly involved in the case by pressuring the attorney or the client to make decisions that are
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adverse to the client’s interests. The most obvious example is where the third-party payer suggests and/ or pressures the attorney to cut costs in the litigation. Md. Rule 19-305.4(c) echoes substantially the same responsibility relative to third-party payers, which states as follows: “an attorney shall not permit a person who recommends, employs or pays the attorney to render legal services for another to direct or regulate the attorney’s professional judgment in rendering such legal services.” Attorneys should make it a practice to document the client’s file concerning these particular issues and obtain the written informed consent of their client prior to accepting any third-party payments. If the thirdparty payer becomes too involved in the litigation, communicate your concerns only with the client immediately. If necessary, the attorney may have to terminate the attorney/client relationship.
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PROGRAM SPONSORSHIPS are available to law firms and other businesses. If interested, please contact Doris Barnes, 410337-9103 x101 or doris@bcba.org. These sponsorships provide you with an opportunity to market your business directly to members at area-specific dinners and educational programs. In addition to being included on the program flyer, all sponsors will be included in each issue of The Advocate, thanking you for your support.
Family Law - November 14, 2017: Domestic Torts, generously sponsored, in part, by Nagle & Zaller, P.C., 7226 Lee Deforest Drive, Columbia, Maryland 21046; 410-7408100; Law Offices of Amy M. Feldman, Nottingham Center, Suite 101, 502 Washington Avenue, Towson, MD 21204; 410-296-6100; and Offit Kurman, P.A., 300 East Lombard Street, Suite 2010, Baltimore, MD 21202; 410-209-6400. Technology - October 18, 2017, Hacking & Wire Fraud, generously sponsored by Kay Kenny and Minnesota Lawyers Mutual; 1-800-422-1370 x4367. CLE - February 20, 2018, Client Communications: Avoiding Malpractice and Ethical Complaints, generously sponsored by Kay Kenny and Minnesota Lawyers Mutual; 1-800-422-1370 x4367.
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CRIMINAL LAW UPDATE by Matthew I. Wyman July was a busy month for new criminal cases from the appellate courts. Below are summaries of the more relevant decisions from the most recent Amicus Curiarum. Miguel Fuentes v. State of Maryland, No. 64, September Term 2016, filed July 12, 2017. Opinion by Hotten, J. Miguel Fuentes was convicted of several sexual offenses involving a coworker at a hotel in Prince George’s County. Fuentes engaged in sexual intercourse with the victim in the case. The victim was deaf, and also had several disabilities that left her unable to express herself, but she had never been officially diagnosed as having mental retardation or a mental disorder, despite testimony from care workers who claimed she was disabled. Fuentes claimed that the encounter was consensual. On appeal, Fuentes argued that there was no diagnosis of a mental disorder, and thus the evidence was legally insufficient to determine that he took advantage of her condition. In affirming the conviction, the Court of Appeals held that the term “mentally defective” as defined, does not require a specific medical diagnosis. In this case, there was sufficient evidence from the testimony of the victim’s relatives and coworkers that she was unable to form the requisite consent. The court also held that prior employment records were irrelevant to the victim’s level of consent. Thedore Scott v. State of Maryland, No. 91, September Term, 2016, filed July 10, 2017. Opinion by Watts, J. Once again, as seems increasingly common, we return to Prince George’s County. Scott was convicted of attempted robbery with a dangerous weapon along with related offenses. At sentencing, the State sought enhanced penalties based on Scott’s prior convictions from Washington D.C. for a crime of violence. Scott was sentenced accordingly, and filed a motion to strike the enhanced penalties. He argued, successfully, that the elements of the prior THE ADVOCATE
conviction are different in Maryland and D.C., and he was awarded a new sentencing hearing. At that hearing, the state introduced the police report from D.C. which indicates that the facts would constitute first degree assault in Maryland, a crime of violence. Scott again sought a resentencing, arguing that the facts in the police report were not the same as the facts read into the record in his guilty plea in the D.C. courts, thus it was inaccurate. Scott was awarded another sentencing hearing, where the state read the complete facts from D.C. into the record, and he was sentenced accordingly, with enhanced penalties. Scott appealed, now arguing that the state was barred from seeking enhanced penalties at this time due to double jeopardy. Specifically, he contended that the plea of autrefois acquit and collateral estoppel barred the state from introducing evidence again of his prior conviction. The Court of Appeals affirmed the sentence. In ruling, the court held that the Circuit Court properly imposed consecutive sentences with enhanced penalties as the state is not barred from reintroducing evidence of a prior conviction for enhanced penalty purposes on appeal. This ultimately overruled Bowman v. State, 314 Md. 725 (1989), which had previously ruled that the court is prohibited from imposing enhanced penalties on remand. Oscar Cruz-Quintanilla v. State of Maryland, No. 44 September Term 2016, filed July 31, 2017. Opinion by Barbera, C.J. In a shocking turn of events, we return to Prince George’s County again. Cruz-Quintanilla was convicted of conspiracy to commit robbery along with other related charges. At sentencing, the state sought to introduce testimony from a Sergeant within the police department’s Gang Task Force to testify that the Defendant was a member of the gang MS-13. He went on to explain the behavior of the gang, including the fact that if you did not engage in crimes, or other violent acts, you were not admitted
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CRIMINAL LAW UPDATE Continued from page 16 into the gang, and would face discipline from other members. Cruz-Qintanilla appealed his sentence. He argued that Dawson v. Delaware, 503 U.S. 159 (1992) barred admission of his gang involvement at sentencing as it violated his first amendment rights. The court affirmed the conviction. In distinguishing this case from Dawson, the court noted that in this instant case, the testimony of Sergeant Norris went beyond “abstract beliefs” that gang members commit crimes, to actually detail how every member of this gang must commit a crime as a condition of membership, thus the testimony was admissible. Bashawn Montgomery Ray v. State of Maryland, No. 81, September Term 2016, filed July 28, 2017. Opinion by Hotten, J. We shift, ever so slightly, to Montgomery County for the next case. Ray entered into a not guilty agreed statement of facts before the Circuit Court for Montgomery County to a conspiracy and false statement charge. As part of the plea agreement, the court would impose a binding cap of four years to serve. The Judge then sentenced Ray to 10 years suspending all but 4. Ray sought to correct what he believed to be an illegal sentence because the maximum penalty could not be up to 10 years. The court ruled that if there is any ambiguity as to the terms of the agreed upon plea, Cuffley v. State, 416 Md. 568 (2010) dictates that the court would determine how a reasonable lay person would interpret the terms of the agreement. Since it was made clear during the qualification on the record that the Defendant could receive up to 10 years and 6 months, that a reasonable person would have understood that, and upheld the original sentence. State of Maryland v. Robert L. Copes Jr., No. 84, September Term 2016, filed July 28, 2017. Opinion by McDonald, J.
applied for a “Pen Register/Trap & Trace and Cellular Tracking Device” to attempt to locate the victim’s phone. The circuit court signed the order. The Police then used what is known as a “cell site simulator” to lead them to a specific house where they met with the Defendant. He later agreed to come to the station for questioning, where he gave incriminating statements after being advised of his Miranda warnings. He was arrested and charged with the murder, and DNA evidence linking him to the crime was collected at his apartment. The circuit court suppressed the evidence collected by the “cell site simulator” as Copes argued that it was not covered by the order signed by the court. The Court of Special Appeals affirmed, however the Court of Appeals now reversed their decision. The Court of Appeals ruled that while the “cell site simulator” was not specifically covered by the court’s order, the officers acted reasonably, and with good faith. The order in this case explicitly stated what the officers were seeking, identified the phone by number, detailed the reasons why it would help lead to her murderer, and was sworn and approved by a Judge. Jonathan D. Smith v. State of Maryland, No. 1069 & 1879, September Term 2016, filed July 26, 2017. Opinion by Graeff, J. In 2001, Smith was convicted of felony murder in the 1987 killing of Adeline Wolford in her home in Talbot County. 10 years later, Smith filed a writ of actual innocence. In it, he claimed three new items which he claims establish his innocence. He uncovered information that one witness’s grandson had an unrelated case dismissed by the state very close to the time of her testimony, and there were recordings of conversations with her and police about that. Secondly, a previously unanalyzed palm print was matched to another known suspect through technology that was not available at the time of his
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CRIMINAL LAW UPDATE Continued from page 17 trial. Last, he discovered tapes of hypnosis sessions of a witness in which he described a car parked next to the house, but the car was never mentioned in the police reports. The circuit court denied Smith’s petition, and he appealed to the Court of Special Appeals which reversed and remanded. The court explained that to prevail, the Petitioner must show that the new evidence “ (1) speaks to the petitioner’s actual innocence; (2) could not have been discovered [with the exercise of due diligence] in time to move for a new trial under Md. Rule 4- 331; and (3) creates a substantial or significant possibility that the result may have been different.” In Smith’s case the court ruled that he did comply with the requirements because the information he obtained was not readily available at the time, and clearly established the possibility of his innocence.
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Committee News COMMITTEE CALENDAR, HANDOUTS, CONTACT INFO All Committee Chair and Vice-Chair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org. Click on “Committee Reports, then select the committee of interest. ADR COMMITTEE October 3, 2017, 5 p.m., Mediator Certification & The MCDR Performance-Based System (Joint Program with BABC), County Courts Building, Towson
Show Your Soft Side. Maryvale Prep. December 6, 2017, 5 p.m., Annual Holiday Party. Towson Tavern. January 25, 2018, 7 p.m., Annual Black-Tie Banquet, Delta Marriott Hunt Valley Inn June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course.
CLE COMMITTEE September 14, 2017, 4 p.m., Legends of the Boardroom. Hyatt Regency, Baltimore. See flyer on page 11 of this issue. October 24, 2017, 5 p.m., Top 10 Tips for Marketing to Spanish-Speaking Clients. Grand Jury Room. November 1, 2017, 5 p.m., What is it worth? & Show me the money! Towson Tavern. February 20, 2018, noon, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room. April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room.
ESTATES & TRUSTS COMMITTEE September 18, 2017, 5 p.m., Kick-Off Social. Towson Tavern. October 18, 2017, 5 p.m., Financial Program. Grand Jury Room. November 29, 2017, 5 p.m., Special Needs Trusts/ABLE Accounts. Grand Jury Room December 5, 2017, noon, Succession Planning. Grand Jury Room January 30, 2018, noon, [Alternate date for Gibber Presentation]. Grand Jury Room.
CRIMINAL LAW November 21, 2017, 5 p.m., Judge Murphy on Evidence, County Courts Building
February 28, 2018, 5 p.m., Gibber Presentation. Grand Jury Room. March 28, 2018, 5 p.m., ADR. Grand Jury Room.
ENTERTAINMENT COMMITTEE October 1, 2017, Ravens (vs. Steelers) Tailgate, Lot H - You do not need tickets to the game to enjoy the tailgate.
April 25, 2018, 5 p.m., Guardianships. Grand Jury Room May 9, 2018, 5 p.m., Legislative Update with Orphans’ Court Judges and Register of Wills.
November 8, 2017, 6 p.m., Wines & Whiskey FR for Continued on page 21
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Committee News June 26, 2018, Noon, Elective Share Update. Grand Jury Room.
Fall Mini-Series: Advanced BIA Training September 5, 2017 October 3, 2017 October 23, 2017
FAMILY LAW COMMITTEE September 26, 2017, 6 p.m., Annual Meet & Greet Family Law Judges & Magistrates. Hayfields Country Club. October 11, 2017, 6 p.m., Reunification. Towson Tavern.
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Spring Mini-Series: Parenting Plans January 4, 2018 February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018 LAW DAY COMMITTEE - MAY 1, 2018
November 14, 2017, 6 p.m., Domestic Torts. Woodholme Country Club. December 14, 2017, Noon, Wasting of Marital Real Property. Grand Jury Room December 19, 2017, Noon, 100 Days to Trial. Grand Jury Room. January 4, 2018, Noon, Marital Property. Grand Jury Room. January 18, 2018, Noon, Preparing the Custody Evaluator for Testimony. Grand Jury Room. February 21, 2018, 6 p.m., Custody Evaluations. Speaker: Gina Santoro. Towson Tavern. March 22, 2018, 6 p.m., Sexual Abuse Allegations. April 2018. TBD
Separation of Powers: Framework for Freedom. Art and Essay Contest flyers available online. October 18, 2017, 5 p.m., Planning Meeting. Grand Jury Room. LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. See flyer on page 32 of this issue. MEMORIAL COMMITTEE Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you. Those members who will be honored at this year’s service on November 16, 2017, at 3:30 p.m., include:
May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building. Fall Mini-Series: Evidentiary Issues 5-6:30 p.m., County Courts Building November 1, 2017, Tales of Family Law Evidence: Concerns from the Bench & Bar. November 9, 2017, Authentication of Emails and Review of Related Case Law.
The Hon. Christian M. Kahl Constance Kellner Putzel Geoffrey K. Calderone, Jr. Lewis Leland Fleury If you know of any other BCBA Member who passed away (since August 15, 2016), please advise Doris Barnes immediately, so they can be included in the service. Thank you. The reception for family and Continued on page 24
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Committee News friends to honor and remember loved ones will be held again this year, immediately following the service on November 16th. Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program. MEMBERSHIP COMMITTEE September 19, 2017, Annual Bar Kick-Off Party, 5-7 p.m., Charles Village Pub, Towson September 28, 2017, Judicial Law Clerk “Orientation,” 5 p.m., County Courts Building NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE October 10, 2017, 5 p.m., Soft Tissue 101. Grand Jury Room.
September 12, 2017 November 14, 2017 January 9, 2018 TENTATIVE: April 18, 2018, District Court Judges Program. THE PROFESSIONALISM COMMITTEE is now accepting nominations for the J. EARLE PLUMHOFF PROFESSIONALISM AWARD, which will be presented at the Annual Banquet on January 25, 2018. Please email your nomination to Doris Barnes (doris@bcba.org) for consideration, no later than Monday, November 14, 2017. The Professionalism Committee requests nominations from Bar Association Members for the annual recipient of the J. Earle Plumhoff Professionalism Award, which will be presented at the Annual Black Tie Banquet in January. Recipient of this award must be:
November 15, 2017, 5 p.m., Accident & Bio-Medical Reconstruction. Grand Jury Room.
A Baltimore County Bar Association member at least 5 years;
February 22, 2018, 5 p.m., A View from Big Insurance. Grand Jury Room
Have made professional contributions Baltimore County Bar Association activities;
April 10, 2018, 5 p.m., Jury Selection/Mock Trial. County Courts Building
Have made contributions of time and resources that have gone largely unnoticed; and
PRO BONO COMMITTEE
High marks for dignity, integrity and civility.
October 7, 2017, Fall Pro Bono Clinic. Eastern Technical High School.
to
PRIOR RECIPIENTS INCLUDE:
October 24, 2017, 5 p.m., Annual Pro Bono Awards & Reception. PROFESSIONALISM COMMITTEE Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson.
1999 2003 2005 2006 2007 2008 2009 2010
Myles F. Friedman Richard A. Reid Leon Berg Keith R. Truffer Carolyn H. Thaler Jennifer B. Aist Christopher W. Nicholson Kristine K. Howanski Continued on page 26
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Committee News 2011 2012 2013 2014 2015 2016 2017
Harris J. “Bud” George Mary Roby Sanders Robert L. Hanley Jr. Robert J. Steinberg Herbert R. O’Conor C. Drake Zaharris Carl R. Gold
October 18, 2017, Noon, Cyber Security & Wire Fraud, Judicial Conference Room 412. Lunch provided. Sponsored, in part, by Minnesota lawyers Mutual. YOUNG LAWYERS COMMITTEE
Thirsty Third Thursdays, 7 West Bistro Grille, 5
PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY
p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network.
Academy Schedule October 19, 2017* November 16, 2017 January 18, 2018 February 15, 2018* March 15, 2018 April 19, 2018 May 17, 2018 June 21, 2018*
October 6, 2017 @ CCBC Dundalk November 3, 2017 @ CCBC Owings Mills December 1, 2017 @ CCBC Owings Mills REAL PROPERTY COMMITTEE October 17, 2017, 5:30 p.m., Liquor Licenses, Country Club of Maryland December 13, 2017, Noon, Distressed Property: Real Estate in Bankruptcy, Foreclosure, etc., Levin & Gann, Towson February 21, 2018, Noon, Condos, HOAs, Bowie & Jensen, Towson March 15, 2018, Noon, Tax (assessment) Appeals, Whiteford, Taylor & Preston, Towson May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building SOLO & SMALL FIRM COMMITTEE
*Attend the BCBA Stated Meeting at 4:30 p.m. in Ceremonial Courtroom No. 5, Old Courthouse, Towson, and receive a free drink ticket for the happy hour!
Chamber Chats (Limited to 15 registrants) November 1, 2017, Noon. Judge C. Carey Deeley, Jr. and Judge Dennis Robinson, Jr., County Courts Building. March 29, 2018, Noon. Judge Colleen A. Cavanaugh and Judge Keith R. Truffer, County Courts Building.
Annual Holiday Lunch & Toy Drive December 7, 2017, 12-2 p.m., Ground Floor, County Courts Building. $10 or a new, unwrapped toy. All proceeds and toys will be donated to CASA of Baltimore County.
“Cocktails, Tips & Treats” Networking, CVP November 28, 2017 February 27, 2018 May 29, 2018
Annual Bull & Oyster Roast
STATE, LOCAL LAWS & ZONING COMMITTEE
April 8, 2018, 2-6 p.m., Towson American Legion
September 27, 2017, 5:30 p.m., Baltimore County Charter Decennial Review, Towson Tavern TECHNOLOGY COMMITTEE THE ADVOCATE
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Committee News
Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza. December-February, meet at 401 Washington Avenue, Lobby. We recommend that runners bring reflective gear, headlamps, etc. Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.
Please email Doris Barnes if you would like to be added to any Committee list, to receive emails specific to that Committee. You will remain on your selected Committee(s) until you ask to be removed, with the exception of Bench/Bar and Lawyers Assistance, which are by appointment of the President.
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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Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns
Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family
WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL
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443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291
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Signature Sponsors
LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions. If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org. Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410-337-9103).
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.
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BCBA Members are encouraged to support our Annual Signature Sponsors. When you need a service they offer, please contact the following, thank you.
Who do you know that would be a “good fit� for the Bar Association? Contact Doris Barnes (410 -337-9103 x101 to refer a business!
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The Baltimore County Bar Association
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD
100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
MEMBER ADVERTISEMENTS TOWSON. For sale: 2 adjacent office condominium units (839 sf. And 882 sf.) at 606 Baltimore Avenue. Professionally managed building, close to the courthouses and all that downtown Towson has to offer. Units could be sold together, or separately. Call Alex at 443-604-5062 for more information. DUNDALK. Awesome space available. 5 office suites available in the Holabird Building on Holabird Avenue. Conference room, lots of free street parking and receptionist. Contact Raldolph Rice at 410-288-2900 or rr@ricelawmd.com for more information. PIKESVILLE or OWINGS MILLS. Office space share available. Minimum usage. Contact Gerald Zimlin, 410-2920509. TOWSON. Do you need a satellite office in Towson directly across from the Circuit Court? Share nicely furnished office space with parking. $250 per month. Call, 410-557-4170. CATONSVILLE. Office space available in the Catonsville/Arbutus area. Three potential offices for rent. Rent all three offices, or just take one. Share use of conference area and kitchen. Building newly renovated. Close proximity to Catonsville District Court and 695. Contact Sean for more information. 410-245-0732. TOWSON. Office sublease available at 401 Washington Ave. Professional setting with private and secure access. Total of 5 offices (3 fully-furnished) approx. 1,089 SF. Wired for phone/Internet; Access to conference rooms during business hours Mon-Fri. Term thru Dec 2018. Parking available at Balt. County lot across the street. Contact Jess Gordon at (410) 292-7862 or jgordon@jlmpartners.net. Towson. Office Sublet/Shared Conference Room. Furnished, interior office available for sublet. Includes use of
conference room, reception area, kitchenette, and internet OR, limited shared office arrangement available for use of conference room for meeting clients/mailing address, includes internet. Walk to both Towson courthouses. Contact Meredith Martin: 410-970-6495 or mm@meredithmartinlaw.com. Towson Office Space. Offices for rent in the heart of downtown Towson, overlooking the Old Courthouse. Receptionist, copy machine, conference facilities, nice people and other amenities. If interested, please contact Matthew Ortega at 443-921-8161 x407, for details. Towson. Office space available in First-Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800.
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