Advocate July-August 2021

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXXI, NO. 1

July/August 2021

PRESIDENT’S MESSAGE

By Stanford G. Gann, Jr. Riddle me this: How is it that the BCBA was formed on May 21, 1920, and yet, it is this year, 2021 – 2022 during which we will celebrate our 100 years as a bar association? As a corollary to this anomaly, how am I your 103rd president, for which I am honored and thrilled to be presiding over this celebratory year?

These and so many other questions are revealed and reflected in our century album, entitled “Our First 100 Years – A Centennial of Service and Friendships” This year was chosen as the centennial year in 2018, during past President Rebecca Fleming’s term. Indeed, she was the 100th president of the BCBA, and I was lucky to be able to work with her and so many others on the Executive Council.

Our festivities this year will in large part be through the incredible foresight and generous follow-through during past President Judge Michael Siri’s term followed most recently by our immediate past president, and my friend, Jay Miller.

We hope everyone will cherish the album and their efforts.

Having attended every committee planning meeting to date, I am so impressed with the commitment by our committee chairs and vice-chairs to make this year an exciting and full year ahead.

During my remarks at our Annual Stated Meeting, I called on all members and judges, and especially our committee leadership, to be ambassadors for the BCBA. Please reflect on opportunities you have every day to make a connection between practice and bar association activity. If you have not already updated your MYBCBA account, it is easiest way to On September 23, 2021, we will distribute free to become and remain involved and connected. every member of the BCBA a copy of our 250+ page I am humbled and honored to lead the BCBA through hard-bound keepsake, during our 100-Year this bar year as we transition from a more virtual Membership kickoff event. Stay tuned for more world to a more real world, while exploiting the details, but everyone is welcome to attend to meet benefits of the lessons from both worlds. With new and older members between 5:00 and 9:30 p.m. collaboration and the many strengths and on Thursday, September 23, 2021. opportunities we are blessed to have, I look forward Over the past three years, our Historical Committee, to a wonderful ride this year as we begin our next 100 chaired and co-chaired, respectively, by my friends, years.

Matt Nelson and Marc DeSimone have undertaken the painstaking efforts of putting together the album.

Stanford G. Gann, Jr. BCBA President, 2021-2022

Albers & Associates THE ADVOCATE

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2021-22 Officers President Pres-Elect Secretary Treasurer

Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas

Executive Council Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio Jay D. Miller, Immediate Past President Adam E. Konstas, Young Lawyers’ Chair

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Calendar of Events Please go to www.bcba.org and click on ‘calendar’ for an up-to-date listing of programs & events and to register for all programs & events.

Tracee O. Fruman Committee Chair

Tommy Tompsett Committee Vice -Chair

Inside This Edition

Contributing Writers Damien Banks Michael Barranco Tracee Fruman Raymond Hein Ari Kodeck Matt Paavola Jennifer Ritter Stuart Schadt Jennifer Ritter

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.

Bench/Bar Update Criminal Law Update District Court Schedule Fourth Amendment Update Golf Outing In Chambers With Judge Ensor Law Clerk Spotlight Lawyers Assistance Member Ads Pro Bono Day Professionalism Register of Wills Stated Meeting Wellness Spa 100 Years

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

Publication deadline: 10th of the month preceding publication.

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COURT NOTICES

AUGUST DISTRICT COURT SCHEDULE

COVID UPDATE After careful consideration of the impact of the highly contagious COVID-19 Delta variant, Chief Judge Barbera has issued revised COVID-19 emergency administrative orders, effective Monday August 9, 2021. These orders require masks to be worn by all (except children aged 2 and under), regardless of vaccination status, in state courthouses and judicial facilities located in any Maryland county, or Baltimore

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City, where there is a COVID-19 community transmission rating by the Centers for Disease Control and Prevention (CDC) of substantial or high on any day after August 6, 2021. Additionally, masks shall be required to be worn in state courthouses and judicial facilities by all in such a jurisdiction for a fourteen-day stabilization period upon a return to moderate or low transmission.

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COURT NOTICES Dear Bar Colleagues: Judge Cavanaugh has asked us to send out the following information from the July 14, 2021, Family Division Meeting: Remote and In-Person Settlement Conferences – As a reminder, Settlement Conferences will return to being held in-person, beginning October 18, 2021. However, you may file a Request for a Remote Settlement Conference. If a Request for a Remote Settlement Conference is granted for good cause shown, the Conference will be reset to a new date and time that is available for a Remote rather than an In-Person Conference.

Remote and In-Person Mediation – Annamaria Walsh, Director of the Office of Family Mediation, provided the following policy guidance: “The Office of Family Mediation continues to provide remote mediation services via Zoom for Government.

Beginning October 18, 2021, in-person mediation will be an option that is available upon the request of parties/ counsel, with remote mediation continuing as the default option. In cases involving allegations of interpersonal violence, mediations will be conducted exclusively via Zoom for Government.”

Standby Settlement Conferences - Central Assignment will call to notify you the day before your trial date if your case is placed on the standby docket. You will then be contacted by a magistrate’s office to schedule a standby settlement conference on your trial date.

Standby settlement conferences will depend upon the

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magistrates’ availability. Standby settlement conferences are designed to resolve or narrow the issues between the parties. After consulting with counsel, the magistrate will determine if the conference will be conducted in person, by Zoom or by conference call. Standby settlement conferences are mandatory – you and your client must participate unless excused. If you wish to be excused from participating, you must file a written request setting forth your good cause reasons for exemption.

Magistrates also have the authority to excuse participation, in their discretion, after consultation with counsel.

True Test Copies of Orders – The Clerk’s Office will no longer be sending out True-Test Copies of Orders, only regular photocopies. If a True-Test Copy of an Order is needed, this can be requested from the Copy Center.

We were pleased to be informed that Alicia Aybar has been promoted into the position of: Manager, Court Operations, Family Law and Juvenile Departments. On behalf of the Bar, Congratulations Alicia! We all look forward to working with you in your new and well-deserved capacity.

Very Truly Yours, Martha White Bill Levasseur Bar Co-Liaisons to the Baltimore County Family Division

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May 2021

BENCH/BAR COMMITTEE REPORT

By Damien Banks

On July 8, 2021, the Bench Bar committee met in person in the Judicial Conference Room in the Circuit Court. Deborah Thomas called the meeting to order as the new chairperson and all of the members introduced themselves.

set into 2022, so they were pulled back and doublebooked to avoid later trial dates. Magistrates are doing standby settlement conferences with success.

Assignment sends the standby list to Magistrates the day before and they try to settle the cases.

Harry Chase moved to approve the minutes from the They are no longer getting pre-assigned dockets last meeting which the members approved. weeks in advance. Instead, the docket comes the day Administrative Judge Ruth A. Jakubowski reported before. For last-minute remote hearings, exhibits can that the Circuit Court is in a much better place than in be scanned into MDEC or emailed to the judge.

March 2020. Jury trials are going well with Jury selection continuing at the American Legion. The court’s lease runs until October 1, 2021, and the plan is to stay through that time. The hope is to return to the courthouse following the lease expiration. They will be monitoring the COVID numbers to determine whether the return. Masks and social distancing are required at American Legion based on Judge Barbera’s order.

Staggered dockets will be kept. They will not be going back to a 9 a.m. cattle call. Dockets at 9:00 a.m., 11:00 a.m. and 1:30 p.m. for civil with no more 3:00 p.m. dockets. In Juvenile, the dockets will be 9:00, 11:00, 1:30, and 3:00 and will continue to be remote. Tim Sheridan, Circuit Court administrator, gave no separate report as his report was joint with Judge Jakubowski.

Wendy Epstein reported on behalf of the Magistrates that uncontested divorce cases will remain remote.

Standby cases are being sent to Magistrates the night before for potential settlement. The Orphan’s Court and Register of Wills had no report.

Trials have also been going well. 17 Criminal juries have been selected. 7 of the cases were resolved, 8 went to verdict, and 2 trials are ongoing. On the civil side, 8 trials went to verdict, 19 settled prior to jury selection, and attorneys postponed 6. 7 courtrooms are Julie Ensor, Clerk of the Court, announced that longcurrently in use (4 criminal and 3 civil). term Chief Deputy Clerk Carol Miller recently retired Settlement court is shift back to in-person settlement as of July 1, 2021. The new Chief Deputy Clerk Craig conferences for civil and family on October 18 with Moskovitz began on June 30, 2021. Craig previously an option to request remote. Judge Jakubowski is worked in the Clerk’s Office handling IT. The Clerk’s working on the policy for remote now. Mediation for Office will also keep the drop box in the lobby for family law will be remote by default. The statistics are now. Email communication is a great way to high for resolution by remote hearing. In-person communicate with their office. Telework remains in conferences will be held on request. The Visitation effect for some employees one day a week since many Center is open, and they are slowly letting more processes are fully electronic. people in. If you wish to take advantage of the There was a question regarding why attorneys cannot services, please contact the Office of Family Services. get marital settlement agreements when they used to Judge C. Carey Deely, Jr. is going to be retiring at the end of September. The circuit court bench will be down 2 judges since Judge Kathleen G. Cox’s position is also open. They are trying to bring back senior judges to operate at full capacity.

be able to. Ms. Ensor answered that there is a public kiosk where you can find these agreements. You can email the records department and also obtain it for $.50 per page.

Email is ccbaltcoclerkrecords@mdcourts.gov and its usually Family law cases are going to trial and are not all same day service. going to standby. Priority is being given to criminal Judge Dorothy J. Wilson reported that the District cases. Cases are on standby because Family was being Court is doing well. Two brand new judges will be THE ADVOCATE

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BENCH/BAR COMMITTEE REPORT

By Damien Banks

sworn in on July 12, 2021: Judge Krystin J. Richardson and Judge Susan C. Zellweger. Judge Zellweger’s Investiture will be held on July 22, and Judge Richardson’s will be on August 12. They will be starting on July 13 and undergo a two or threeweek orientation before handling dockets.

work through the backlog. More information will be coming.

Screening is done at the front door with temperature checks. Bailiffs take names of people who don’t pass the screen in order to deal with their cases. ADR will be starting in person again around September doing mediations in person. The self-help center in Catonsville has started taking walk-ins again.

Domestic violence will move into their suite in Catonsville and will begin taking new matters.

Juvenile and Parole and Probation has moved into a new courthouse. Judge Wilson is also serving on an art committee which will select art to be placed in the courthouse. They are looking for a local artist to do two pieces, one for the lobby and another for upstairs near the clerk’s office.

at Martin’s Valley Mansion.

Maria Fields, District Court Clerk, reported that they are revisiting dockets to increase numbers on certain types of cases. Landlord Tenant is increasing the most. They are also trying to increase criminal cases in Essex. The other courts will remain the same until the end of the year to get through the backlog. They are meeting soon to look at 2022 dockets and how to

are moving faster and more efficiently. His office is working on a hybrid remote model as well with 4 days in the office and staggering the one remote day.

Judge William J.D. Somerville, III reported on behalf of the Office of Administrative Hearings. On June 14, the Governor arrived and swore in 10 new administrative law judges and announced for the first A fifth judge will be headed to the new Catonsville time publicly that Krystin Richardson would be sworn courthouse. Courtroom Number 1 is functionally too in as a District Court judge. Many vacancies remain at small. With 8 courtrooms in Catonsville, the Court the OAH. will cease use of Courtroom Number 1. The District President of the BCBA Stan Gann reported on behalf Court is also happy to announce that Judge Barbera of the Executive Council. This is the 100th approve its Drug Court application along with anniversary of the Baltimore County Bar Association. allocating funding. They will also be submitting a A book will be coming out about the association’s mental health court application, and they hope to be history. Important upcoming dates include August 21 up and operating in the near future. Laura Stone, which is a Crab Feast and Ironbirds outing. September Division Chief in Essex, will be leaving to become 23 is the Party in the Plaza to celebrate the 100th the administrative clerk for Harford County District anniversary. Stan will handout the century album at Court. the party. Jan 27, 2022 will be the centennial banquet Scott Shellenberger reported on behalf of the State’s Attorney's Office. The majority of the 17 criminal jury trials have been murder cases. The office has been busy and is preparing to be even busier. They are coming back to the office 4 days a week with one day remote. He reported that Baltimore County has been great in supplying technology. The staff has laptops that they take back and forth. The new case management system integrates with MDEC and remote work is going very well. The jury selection process at the American Legion is going very well and is actually faster than pre-pandemic. The American Legion saves time with check-in and Judge Wilson reported that there has been no final transporting jurors. determination on whether the staggering of dockets James Dills, Office of the Public Defender, agreed will continue. For the time being, traffic dockets will with Mr. Shellenberger that the jury selection process remain 9:00 a.m., 11:00 a.m. and 1:30 p.m. is working better at the American Legion. The jurors

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He noted an issue that has arisen with the office. A person will come in and apply for a public defender, but then a private attorney may come in for bail

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BENCH/BAR COMMITTEE REPORT

By Damien Banks

purposes only. The public defender’s office then does not get another notice even though the party is qualified. They have noticed an uptick during COVID. The private attorney gets stricken but the PD’s office does not get notification of the qualification. The commissioner’s office says that the people do not need to re-qualify. Some attorneys will strike their appearance, but the PD’s office does not get notified.

MDEC has appeared to worsen the issue.

the committee is looking for RSVPs. A brown bag lunch on October 6 at 12:00 p.m. will be held regarding Alimony Reduction at Retirement. October 12 will be a dinner meeting at Vito’s with the topic being “Custody of Cryogentically Preserved Embryos.” On October 2 will be a “Meet the Magistrates” program and also celebrating the retirement of Phillys Brown. On November 10, there will be a brown bag lunch to meet the Family Services Division of the circuit court. On December 1, 2021 they will have a mediators’ program at noon to learn what they have to offer their clients. 2022 is still in the works and will be announced at a later date.

As a courtesy, private criminal defense attorneys should send a courtesy copy to the PD’s office if you are going to strike your appearance to notify them so they may get re-involved. Judge Wilson noted that she may pass along this issue to Judge Morrissey to help Adam Konstas, Young Lawyers Chair, provided a problem solve the issue. written report. He noted that the planning meeting was Raphael Santini is excited to be the chairperson of the well attended. They mapped out events for the year, Diversity and Inclusion Committee. Bench Bar including the Holiday Lunch and the Bull Roast. They committee will have a different D&I member attend have had volunteers to write pieces for The Advocate. the monthly meetings and give reports. Diversity and YL typically makes brown bag lunches for Chamber Inclusion will hold their meetings on the first Chats. Judges Jakubowski and Wilson will put the Thursday of every month at 5:00 p.m. followed by word out for volunteers to speak at the events. guest speaker and social gathering. All are welcome to attend. Each speaker will speak on what diversity and inclusion means to them. He hopes to have inclusive meetings made up of Baltimore County firms and their principals speak on the topic. They are working on a speaker series with Dean McClain to discuss what comes after the 21-week challenge. They are also planning programs with the ADR and Professionalism committees as well as what to do after the “uncomfortable silence.” They are continuing to work with Summer Scholars program and Judge Robinson will be the Chairperson. They are starting an alter-ego program as well The Diversity and Inclusion Committee will be having an end-of-summer reception on July 29, 2021 at 4:30 pm at The Point.

Harry Chase, Baltimore City Liason, noted that the City is increasing jury trials and still using the War Memorial for jury selection. Family law is scheduling more cases as well. The City is using courtrooms for jury deliberation instead of jury rooms. They will have mobile vaccine centers downtown and at District Courts to hopefully increase vaccination rates through the City. The portraits of Judge Dugan and Smith will be coming soon to the circuit court. In fall, he believes they will start showing them.

Tyler Nowicki is the new Harford County Liaison taking over for Deb Schubert. He mentioned that the BCBA has been incredible in how they have operated through COVID. Harford County is not yet meeting in person. The Harford County District Court is running smoothly with staggered staff, and the family law cases are moving well. Judge Ishak has a couple of criminal trials moving forward with the most serious cases. Jury selection is going well by using the Harford County fairgrounds.

Chris Malanga, Chair of the Family Law Committee, reported that the committee has six programs planned for this Fall/Winter. They have a Meet & Greet dinner September 1 with the location and time to be determined. All judges and magistrates are invited and There is no Bench/Bar meeting in August.

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WELCOMING THE HONORABLE ALEXIS BURRELL-ROHDE

By Britt L. Stouffer

part of the Maryland Attorney General’s Office after leaving Ober Kaler. She represented the Orphans’ Courts and the Registers of Wills across the State of Maryland.

Burrell-Rohde dealt frequently with members of the Bar on issues of charitable trust reformation and provided legal advice to her state clients on legal and other critical issues.

The Honorable Alexis Burrell-Rohde, newly appointed Register of Wills, is an easy choice for this role. She has been in and around Baltimore her entire life, from the summers of her early years spent at Pine Ridge Swim Club, to practicing estates and trusts law in both private practice and public service.

For her new role as Register of Wills for Baltimore County, Burrell-Rohde has found a place to combine her love for her community, her enthusiasm for the law, and her natural inclination to listen to and help others. As such, she is committed to an open-door policy in her office. She wants to continue the counselor role from her previous positions and would like the people of Baltimore County to know that they are welcome to come to her with any questions or concerns.

Based on her experience in both the private and public sectors, Burrell-Rohde has learned the importance of engaging not only the community, but also her own staff. Thus, she is committed to creating an environment of learning within the office of the Register. This means making sure that her staff can pursue any continuing education activities they would like. Her goal is to ensure that her employees enjoy their jobs, and in turn they will be more motivated and better able to help the Baltimore County community. She wants the Baltimore County Burrell-Rohde became a summer associate at Ober, community to know that she is creating a positive Kaler, Grimes & Shriver (now Baker Donelson) her and service-oriented environment in the Office of the second summer of law school.

She was drawn Register of Wills from top to bottom. to their sophisticated estates and trusts Burrell-Rohde has two children and recently became practice. Burrell-Rohde both enjoyed and had a an aunt. She leads an active lifestyle, dealing with the natural affinity for the interpersonal connection and effects of the COVID shutdown by building a collaboration that comes with this type of work. makeshift gym in her basement. She also loves Part of what Burrell-Rohde enjoys about being an backpacking, gardening, and cooking—ask her about attorney is taking on the role of counselor for others. her ricotta gnocchi recipe!

She enjoyed working with families and closely-held If her impressive past is any indication, the family businesses during her time as an associate at Honorable Alexis Burrell-Rohde will have no trouble Ober Kaler. She learned the estates & trusts practice finding immediate success in the office of the from some of the very best practitioners.

Register of Wills. Her hometown wishes her all the Burrell-Rohde, true to form, also became an essential best in her new role.

She spent her educational career in the area: Pine Grove Elementary and Middle Schools and Loch Raven High School, before attending University of Maryland, College Park. Like many Terps, she felt drawn to live and work in the nation’s capital after she finished her undergraduate studies. However, the experience of being away soon brought her back home. She returned to Baltimore for law school at the University of Maryland Francis King Carey School of Law, from which she graduated in 2004.

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2021 GOLF OUTING & SILENT AUCTION On Wednesday, May 26th, over 90 golfers gathered at Eagle’s Nest Country Club for the Annual Golf Outing. This was the first in-person gathering in well over a year and all golfers, staff and sponsors were delighted to see each in person after countless Zoom meetings and events! Thanks to for the careful planning and hard work by Entertainment Committee Chair, Mariela D’Alessio and her Vice-Chair, Carmelo Morabito in addition to the Yuong Lawyers Committee Chair, Nikki Rush, the BCBA was able to raise over $8,000 for CASA of Baltimore County.

The addition of a silent auction this year added to the funds raised from contests, raffles and mulligans.

Thank you to the following sponsors: Title Sponsor: Albers & Associates Beverage Cart Sponsor: Smith, Gildea & Schmidt Longest Drive Contest Sponsor: Planet Depos Closest to the Pin Contest Sponsor: ASAP Dessert Sponsor: Minnesota Lawyers Mutual Tee Sponsors: Bodie, Dolina, Hobbs, Friddell & Grenzer; CRC Salomon; Duckpin Marketing; Legal Books +; Pessin Katz Law; Royston, Mueller, McLean & Reid; Soberlink and Turnbull, Nicholson and Sanders.

Congratulations to the following contest winners: First Place Team: Michael Barber, Marshall Henslee, Dave Lemanski and Bryan Tillman with a score of 60 and a birdie on hole #8.

Second Place Team: Marc Dorman, Jeffrey Komin, Charles Thorne and Gerald Zimlin with a score of 60 and a par on hole #8.

Most Honest Score: Jason Goren, David Kopel, Kate Lawrence and Jamaal Stafford with a score of 83.

Closest to the Pin: Brady Locher and Rebecca Fleming.

Longest Drive: Rob Erdman and Betty Domozych.

Best Dressed: Rob Erdman, Rebecca Fleming, David Luby and Judge Michael Siri.

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2021 GOLF OUTING & SILENT AUCTION

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May 2021

JUNE 17 STATED MEETING

By Ari Kodeck

The excitement was palpable among the crowd of attendees at the June State of the Bar. After 15 months with COVID in-person restrictions and countless virtual meetings, our meeting was held both virtually and in person in the ceremonial Courtroom 5. President Jay Miller called the meeting to order and commended the committees for their hard work during the pandemic. Committees stepped up and organized a slate of amazing programs, all virtual and extremely well attended!

Other notable accomplishments this bar year included the addition of the Diversity and Inclusion Committee as one of the regular standing committees; the raising of $25,266 for CASA of Baltimore County, which is the second highest amount raised for a president’s chosen charity, again no small feat considering the pandemic; and the collaboration between Diversity and Inclusion and Professionalism Committees and the Maryland State Bar Association to present a twopart series, Courageous Conversations, that addressed implicit bias and led the way for the 21Week Challenge to address and educate ourselves about implicit bias.

President Miller received the committee reports and provided the check to CASA. The President invited this author, as the outgoing chair of the Professionalism Committee, to present this year’s J. Earl Plumhoff Award to recipient, Michael Barranco.

Attendees were treated to a life-size picture of Mr. Barranco as they entered the courtroom.

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JUNE 17 STATED MEETING

By Ari Kodeck

I gave a brief introduction and turned the lectern to Mr. Barranco. In his typical understated (though, not brief) fashion, he humbly accepted the award, not only on behalf of himself, but of all members of the Baltimore County Bar Association, whom he praised as exemplary members of the bar.

Finally, President Miller presented the gavel to incoming president, Stanford “Stan the man” Gann, Jr. President-elect Gann thanked the outgoing committee chairs, expressed his gratitude with his upcoming work with the incoming committee chairs and stressed his initiative to celebrate the 100-year anniversary of the Baltimore County Bar Association.

Additionally, he named the president’s charity, The Education Foundation of Baltimore County Publis Schools.

President Gann noted that the Annual Banquet, affectionally known as “the Prom” will be making a comeback this year, along with some new and exciting in-person functions. President Gann invited the Honorable Philip Tirabassi to present the 2021-2022 executive committee slate, consisting of President Gann, President-Elect John Turnbull, III; Secretary Lisa Settles; Treasurer Sondra Douglas; Members-at-large Richard Grason VI, Robert Erdman, Jr., Tyler Nowicki, Michelle Siri, Alaina Storie and Mariela D’Alessio. Judge Tirabassi moved for the acceptance of the slate and the motion carried.

President Gann’s first official act was to adjourn the meeting and enjoy a face-to-face happy hour at Barley’s Backyard Bar and Grill.

Here is to another successful bar year!

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May 2021

IN CHAMBERS WITH THE HON. JUDITH C. ENSOR: LIVING IN THE MOMENT

By Matt M. Paavola

Any lawyer who has ever appeared before Judge Judith C Ensor will have a distinct recollection of the experience. She processes the facts and the law at breakneck speed. The casual litigant is constantly trying to keep up with her. I suggested to Her Honor that some might perceive it as impatience, as she peppers oral argument with her quick summations and observations. Not so, reacted the Judge. Her mannerisms are dictated by her thorough preparation and her awareness that time is money and money is time. She knows someone is paying for the lawyers and she wants to be sensitive to the clients picking up those tabs. Best practices call for the trial judge to be fully prepared and to get to the point of decisionmaking quickly and efficiently. She deflected any notion about her brilliance, and attributed her courtroom demeanor to extensive preparation and awareness of the present moment. Upon reflection, that made good sense to me. I was able to look back on to some of my own experiences and realize that Judge Ensor lives in the moment, but wants to keep the pace moving out of consideration for the parties.

Still, it is a good thing I brought my recorder to the interview because, yet again, I found myself tagging along!

Unsurprisingly Judith C Ensor was an excellent student. She was born on a farm in Baltimore County and found her way to undergraduate school at St Lawrence University in Canton, New York where she excelled. She had no problem being admitted to THE ADVOCATE

what in 1988 was known as the University of Maryland School of Law. There she served on law review, graduated magna cum laude and addressed her class at the graduation ceremony. Judge Frederic Smalkin, of the federal bench, known for his intellectual prowess, recognized talent when he saw it and snagged her right out of law school. After one year she made her way to clerking in New Hampshire.

Yes, you read that correctly. Why there? Aware of her fading opportunity to live in the moment with her grandparents who resided there, she was able to use her ample credentials to get hired by the highest court in that state where, coincidentally, she had the opportunity to brush elbows with Judge David Souter before he was appointed to the Supreme Court and concomitantly fulfill that desire to spend quality time with her grandparents.

From there she landed at Whiteford Taylor and Preston in 1990. Given the choice of their locations, she chose Towson because there would be greater opportunity to hone her litigation skills. That she did under the 15 year tutelage of Mr. William Whiteford himself.

After the 2000 acrimonious Gore-Bush election debacle, Judge Ensor was so “struck” by the orderly transition of presidential power, once boxing gloves were lowered, that she was inspired to become “part of the solution” to help advance the democratic process; she put her name in for the bench.

As customary for this rising star, she sped through the nomination process, made the short list, and got the nod from then Governor Robert Ehrlich. She was sworn in on November 28, 2005 and has lived in the moment ever since.

Judge Ensor considers it a highest priority that parties and jurors in her courtroom enjoy a positive experience. She wants them to sense that she is all in, giving that dispute on that day her undivided attention. The goal is for litigants to have confidence in the judicial process, win or lose. The Judge likes to pronounce her rulings in plain English to facilitate

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IN CHAMBERS WITH THE HON. JUDITH C. ENSOR: LIVING IN THE MOMENT

By Matt M. Paavola

transparency. No arcane legalese for this trial judge. scheduling flexibility as you might as a private That would defeat the “mindfulness” she seeks to practitioner. foster.

On trials involving egregious behavior of the What was her most difficult trial emotionally? defendant, the proverb does not necessarily apply. I Without hesitation Her Honor recalled the day she am unclear as to whether a child abuser, for example, pronounced a criminal defendant “Not Guilty” to the understands that wanting to birth a child might lead to charge of gross negligence in a trial involving the such a dark decision as abuse. But the proverb tragic death of a young child, Jake, at a applies to a drug dealer who probably figures that Christmastime motor vehicle accident. The trial went what he wants might lead to outcomes [like arrest] painfully slow. At closing, after pausing to reflect and that he does not want.” ponder the moment, Judge Ensor had to choke back As you know, Jesus of Nazareth made profound tears as she summonsed the fortitude plainly and and even contentious claims to being the Lord and clearly to explain to the victims, Jake’s mom and dad, Son of God. Cambridge novelist CS Lewis the reasoning behind her findings, quickly adjourning declared that such a claim is amenable to only before the courtroom could perceive her emotions. three interpretations: he was either a liar, a Indeed, in most criminal trials Judge Ensor likes to lunatic, or Lord. Do you agree or disagree? recess and reflect on the criminal jury pattern instruction on “beyond a reasonable doubt”. It “I disagree because I think there are more shades of grey. If Jesus is saying I am Lord, and believes it, but centers her—like I said, living in the moment. it is not true, is he a liar? Not necessarily. I do not Days before the interview I sent Judge Ensor 12 think Jesus was mentally ill, but the only way one can possible talking points, ranging from the mundane know for sure[whether He is Lord of all] is when you (Cicadas and “Friends” sitcom) to the sublime (life die. He might be Lord, but he might be something after death). She chose the following three: else, like a prophet. If Jesus [ends up being] wrong, I A French Secular Proverb Declares: “You Not don’t think he is necessarily a liar.

Only Have To Want What You Want, But You Every once in a while we run into people who Also Have To Want What Your Wants Lead to”. publicly make profound claims about themselves, Do You Agree or Disagree? even here in Towson. And I think to myself that he “I agree. I guess if you just want what you want, and you stop at that, because you haven’t read the rest of the book, that’s not the end. For example, let’s say I want to be a judge. Well that leads to tough decisions.

You will have to try family law cases involving tough child custody battles for example. That’s one third of the workload. Don’t take a train to Chicago if you don’t want to get out at Chicago!

could be telling the truth. Even as to the Second Coming[ of Jesus], are people going to be accepting of that? People tend to think claims of this ilk are to be dismissed as crazy. I hope we don’t miss the event [that was announced]. I think people have to have freedom to believe what they want. “

I had to think this through before I became a judge.

And I believe I did. The good part was I had the fantastic opportunity to stay in law where I had expertise as a litigator,[ minus the family law and criminal law experience]. You have to look ahead and realize that as a judge you will not have personal

“I will want to know if I made a positive difference on this side of life. And then I will want to check in on some of my friends. I choose to see it as a positive to see people who have passed away, and [even] watch out for people who are still here [on

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Assuming There Is an Afterlife, What Will Be Your Most Pressing Query?

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May 2021

IN CHAMBERS WITH THE HON. JUDITH C. ENSOR: LIVING IN THE MOMENT

PRO BONO DAY

By Tommy Tompsett

By Matt M. Paavola

Earth]. (At this point the Judge shared a profound but personal supernatural experience involving family and asked that the details not be published).

[But I can share] the event of my father’s funeral on our old family farm. On the day we held his [processional] on the farm, the livestock [without prompting] made their way from the usual back of the farm to the front of the farm in an orderly line, and then watched, as if to pay homage to the passing away and funeral gathering of their [ beloved caretaker]. It is not my way to tell people that this was a miracle, or even telling others about God’s will, but . . .[generally] I do not spend a lot of time on things that are unanswerable. I do not spend a lot of time wondering about possibilities. I prefer to live in the moment.”

The term "pro bono" comes from the Latin pro bono publico, which means "for the public good." The American Bar Association’s Standing Committee on Pro Bono and Public Service best framed an attorney's inherent obligation to strive to perform such good when it noted, “When society confers the privilege to practice law on an individual, he or she accepts the responsibility to promote justice and to make justice equally accessible to all people. Thus, all lawyers should aspire to render some legal services without fee or expectation of fee for the good of the public.”

On Saturday, June 12th, six attorney volunteers on behalf of the Pro Bono Committee of the Baltimore County Bar Association (BCBA), in conjunction with Maryland Legal Aid (MLA), hosted a Pro Bono Day at the North Point Public Library in Dundalk.

After navigating a line that stretched out the library entrance and across the front of the building, those seeking free legal civil aid talked one-on-one with a lawyer.

During the four-hour event, the BCBA and MLA assisted 57 clients on 69 legal issues, including bankruptcy, trust & estates, consumer protection, family law, expungements, landlord-tenant, and landlord-tenant and public benefits.

The event was quite successful. So successful, in fact, that the BCBA Pro Bono Committee will be joining once again with MLA to host a similar event in early October, taking their goodwill to the west side of Baltimore County this time. Should you like to participate in the fall event, please reach out to Aaron Parker, Chair of the Pro Bono Committee, at aparker@lawpga.com

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May 2021

LAW CLERK SPOTLIGHT - RYAN MAHER

By Tracee Fruman

civil jury trial and by press time, will have also observed a criminal jury trial. He described jury selection as “very eye-opening” and was “very impressed by how smoothly the process went,” despite the jurors and courtroom staff being relocated to the American Legion due to COVID-19 safety guidelines.

Ryan Maher is currently serving as law clerk to the Honorable Patrick H. Stringer. Mr. Maher hails from Eldersburg, Maryland, but is a graduate of Calvert Hall College High School in Towson. After graduating a semester early (thanks to AP credits) from the University of Maryland, College Park with a degree in economics, Mr. Maher had no intention of going to law school. In fact, Mr. Maher was looking for an entry-level job to put his newly-minted degree to use when a conversation with a friend, who was in law school, changed the trajectory of his career.

Within a few short months, Mr. Maher did some research, took the LSAT, applied, and was admitted to the University of Baltimore School of Law.

Regarding his favorite part about being a law clerk, Mr. Maher said, “Every day is different, with wide variety of cases and areas of law that we touch on.

Every day is a learning experience and I’m very grateful for that.” In addition, Mr. Maher touched on his relationship with his chambers co-workers. He said, “they are such a joy to work with and we have a lot of fun. It makes coming in everyday just a great experience.”

Now that Mr. Maher finished his last law school classes, he will be studying for the July 2021 bar exam. Although he has another six months of his clerkship, Mr. Maher is already thinking ahead to his first job as a practicing lawyer. He has a natural interest in business, especially how businesses start, develop, and run. He hopes to find employment doing transactional work, which will dovetail with his Unlike most (if not all) judicial law clerks, Mr. Maher undergraduate degree in economics. was not yet a law school graduate when he began his Outside of work, Mr. Maher has a love of “all things clerkship. Due to Judge Stringer’s upcoming sports.” Although playing (and watching) baseball is retirement in early 2022, Mr. Maher had the unique his first love, he has found more opportunities as an opportunity of clerking by day and taking law school adult to play soccer. Mr. Maher enjoys playing in a co classes in the evening. This allowed Mr. Maher to -ed, weekend soccer league called Charm City Soccer. maximize his time as a law clerk, giving him more He spends his free time hiking with his pandemic than one year, instead of just five months, with Judge puppy, a Golden Retriever named Camden (yes, like Stringer. Mr. Maher was open to this non-traditional the stadium!), with his new fiancée, Megan. arrangement and “was thrilled by the opportunity” to Congratulations on your law school graduation and work with Judge Stringer while also finishing law recent engagement and good luck on the bar exam! school.

Like his fellow judicial law clerks, Mr. Maher has had to be flexible has he navigated the challenges of clerking during a global pandemic. Now that we have entered the final phase of re-opening the courthouse, Mr. Maher enjoys spending the majority of the week working in-person. He recently experienced his first THE ADVOCATE

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May 2021

A JOURNEY THROUGH HISTORY: 100 YEARS OF EXPERIENCES AND EVENTS

By Ari Kodeck

As a species, humans generally mark momentous events by a length of time or a date. Members of the Baltimore County Bar Association are marking a significant event on DATE, when this esteemed and honorable organization turns a century. A century is a significant amount of time in human history since our lifespans mirror that amount of time. This means that in the course the history of the BCBA, the lengths of members’ lives overlapped each other providing for continuity and connection through the generations of members. We share and promote this continuity by celebrating remarkable events that occurred over the last century. Although by no means exhaustive, the following events shaped the law and legal community as we know it.

On the outer edge of our century of existence is women’s suffrage, which is marked by the August 26, 1920 passage of the 19th Amendment to the United States Constitution. Initially, only white land-owning males over the age of 21 could cast a vote. One of the most monumental changes regarding the voting franchise, the fight to gain equal access to vote, was far from over. In fact, the fight continues in various state legislatures and Congress to either pass laws restricting the right or creating comprehensive protections to the vote franchise.

Passage of the 18th Amendment and the enabling legislation of the Volstead Act, passed in October 1919, created a whole body of criminal laws addressing illicit industries and the rise of the black market and organized crime. The 21st Amendment repealed prohibition to stem the rise of organized crime violence. A similar debate, although not at the constitutional amendment level, is currently playing out among state legislatures with the legalization of cannabis in an attempt to halt the rise of organized drug-related crime.

Securities Act of 1933. This gave investors access to the information about the investments they made. To this day, the Security and Exchange Commission proactively protects the everyday investor from unscrupulous finance professionals.

Germany fired the first shots of World War II on September 1, 1939, changing the course of history forever. Regimes touting different political systems and versions of personal freedom sprung up and challenged what we, as legal professionals, swore to uphold and protect zealously. During the war, Congress approved the First and Second War Powers Act to grant the president extraordinary power to reorganize the executive branch, federal agencies, government businesses, and allocate resources for national defense. Flash forward to the COVID-19 pandemic and we revisit the grant of extraordinary powers to a president to protect the health and welfare of Americans.

The end of World War II on September 2, 1945 sparked the creation of the United Nations and the North Atlantic Treaty Organization. Although the contribution and participation of the United States during the last few years became contested, the importance of these two agencies to world health, prosperity and security is unquestioned.

On May 17, 1954, the United States Supreme Court issued its decision in Brown v. Board of Education, argued by Thurgood Marshall, finding that separate but equal schools still violated the equal protection clause of the 14th Amendment.

Not to diminish world wars, but I would argue that through the eyes of a legal professional, the Civil Rights Act of 1964 initiated a monumental shift in the prohibition of discrimination based on race, color, sex, or national origin. The United States Supreme Court, in several landmark cases, expanded the Act to Most likely a catalyst to the Great Depression, Wall include a prohibition of discrimination based on Street crashed October 24, 1929. This crash exposed sexual orientation or gender identity. the fragilities of an unregulated market. The crash set in motion the legislation that would create the THE ADVOCATE

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May 2021

A JOURNEY THROUGH HISTORY: 100 YEARS OF EXPERIENCES AND EVENTS

By Ari Kodeck

From 1989 to 1992, democracy was on the rise after the collapse of the Soviet Union. Many legal scholars and even some members of our esteemed organization provided counsel and advice to these newly birthed democratic countries. Not without strife, many of these democracies endured, showing the importance of the rule of law and personal freedoms.

The blistering spread of COVID-19 and the 2020 global pandemic reinforced how connected and interdependent our society has become.

This pandemic not only changed epidemiology as we knew it, but also fundamentally changed how we interact with each other. Whole industries and areas of law shifted and became obsolete virtually

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overnight. The best silver lining from this horrific virus: we, as humans, as legal professionals, as members of this organization continued to persevere, adapt, and overcome.

Even without the pandemic, our organization continues to adapt and forge new and stronger bonds with our community at large and within our profession. When someone writes this article for BCBA’s 200th anniversary, which will be beamed telepathically (included in your 2121 BCBA dues), rest assured, it will cover the monumental challenges, accomplishments, and contributions that this organization will undoubtedly come to pass in the next century.

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May 2021

YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 for advertising rates

and to place your ad.

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May 2021

TOWSON WELCOMES A NEW AND UNIQUE SPA EXPERIENCE TO THE NEIGHBORHOOD

By Tracee Fruman

well-being. They gave it two thumbs up!

Are you stressed out? Recovering from surgery? Need a little break from life? I have the perfect remedy for whatever ails you, and it is right off the circle in the heart of Towson. Touch-Free Wellness Spa, the first spa of its kind in this area, is the brainchild of Michael Dent, a Baltimore native with a background in alternative wellness. Dent, who previously owned a children’s yoga company, spent some time living on the West Coast, where he observed the popularity of a unique type of spa experience and technology. Dent aspired to bring the concept home to Baltimore. “I wanted to create a culture where people can come in, and it’s just very relaxing and vibrant and elegant and has a West Coast vibe.”

Dent felt that introducing the concept of a touch-free spa during a global pandemic was well-timed because customers can practice self-care by utilizing wellness technologies without being in contact with a wellness professional. “This is not your typical spa. I think that when people are in here, they don’t feel like they are in Towson or Baltimore. It really is an escape from the workday. From the colors in the rooms, to the type of music we play, and the water fountains on the walls. We’ve tried to create a setting where you almost feel like you are getting a spa treatment at a resort because of the environment that we have built here,” said Dent.

Touch-Free Wellness Spa offers several different types and levels of membership, all of which are described on its website (www.touchfreespa.com).

One option is a company or office membership, where you pick several treatments per month, and anyone in the office can use them. In addition, the spa can tailor a membership package to a company or Touch-Free Wellness Spa delivers on Dent’s vision. firm to meet its needs and even offers spa parties that The spa currently offers eight different can accommodate up to 14 people. technologies—Cryo Therapy, Infrared Sauna Pods, Hydro Massage Chairs, Anti-Gravity Robotic “We are offering something more valuable than just Massage Chairs, Lymphatic Compression Massage, taking a walk around the block. People feel Vibroacoustic Lounge Bed, the NanoVi, and a Body rejuvenated after getting a treatment here,” said Dent.

Transformation program--each of which offers a See for yourself: The spa is offering BCBA different benefit to users. If it sounds too good to be members a special 25% off discount for services booked using the code “BCBA”. true, it’s not!

Recently, I was lucky enough to join Rachel Ruocco and Amber Gaines when they visited the spa to sample the amenities. To say we felt transported is an understatement. I tried the Anti-Gravity Robotic Massage Chair, which can only be described as a massage chair on steroids. Air compression massage, heat, reflexology, zero gravity recline, and endless customization options made my experience the most delightful 20 minutes of my day. Both Rachel and Amber tried the Lymphatic Compression Massage, which detoxifies, restores the body’s natural balance, soothes muscle aches, and enhances a person’s overall THE ADVOCATE

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May 2021

COPING WITH THE UNPROFESSIONAL ATTORNEY

By Raymond A. Hein

As some of you reading this know, I recently left my position as Deputy Bar Counsel after spending the previous 28 years working for the Attorney Grievance Commission. Having spent that many years reviewing complaints of attorney misconduct and observing the various ways in which attorneys react and respond to such complaints, I am convinced that one of the great challenges of practicing law is suppressing the emotional urge to lash out at those who unjustly attack your personal character in some manner. This can be especially difficult when another attorney is the one launching the attack. How you respond to the unprofessional behavior of other attorneys is often a test of your own professionalism.

adversarial nature of legal representation as justification to convert disputes over substantive legal issues into personal battles with opposing counsel.

When confronted with such an attorney on the other side of a matter, it is important to recognize that you cannot change or control that attorney’s behavior, but you do have control over how you react to it.

The Ideals of Professionalism adopted by the Court of Appeals in Appendix 19-B of the Maryland Rules provide that an attorney should “understand that an excess of zeal may undermine a client’s cause … and that an attorney can advocate zealously a client’s cause in a manner that remains fair and civil.” While the temptation to respond in kind to personal attacks and false accusations may be strong, the Ideals of Professionalism dictate restraint, noting that “courtesy does not reflect weakness; rather, it promotes effective advocacy by ensuring that parties have the opportunity to participate in the process without personal attacks or intimidation.” Furthermore, “hostility between clients should not be a ground for an attorney to show hostility or disrespect to a party, an opposing attorney, or the court.”

Attorneys, like everyone else, will encounter difficult, unpleasant people in their professional lives. These may include clients, co-workers, and, occasionally, fellow members of the bar representing an opposing litigant or party to a transaction. To some extent, you may be able to withdraw from representing an unreasonably demanding client and to limit interactions with an annoying co-worker. Attorneys, however, cannot control the attorneys they must deal with on the opposite side of a legal matter.

On a personal level, as I reflect on my career with the Contentious communications and ad hominem attacks Office of Bar Counsel, my colleagues and I from opposing counsel undoubtedly increase the occasionally have been the subjects of personal stress level of handling a client matter. As character attacks and spurious accusations by individuals, we can adopt techniques to help manage respondent attorneys or counsel representing a stress generally from a wellness perspective, but the respondent. Depending on the context in which emotional toll of dealing with consistently presented, I generally chose to ignore such attacks unprofessional conduct by another attorney can test and accusations when possible. Sometimes they had the restraint of even the most even-tempered attorney to be addressed in response to a written or oral assertion made to a tribunal. When doing so, I found in a specific case. the best approach was to offer a dispassionate, factThe Preamble to the Maryland Attorneys’ Rules of based rebuttal. This is not to say one must turn the Professional Conduct is found in Maryland Rule 19other cheek in response to the invective of an 300.1. As stated in paragraph (7) of Rule 19-300.1, opposing counsel. But a calm, rational and objective “[m]any of an attorney’s professional responsibilities reply will serve your client’s interests far better than are prescribed in the Maryland Attorneys’ Rules of stooping to the level of the unprofessional attorney. It Professional Conduct,” but an attorney should also be also will enhance your credibility and reputation with “guided by personal conscience and the approbation judges before whom you appear regularly and within of professional peers.” Some attorneys, whether the far broader segment of the bar that appreciates lacking in conscience, unconcerned with approbation, professionalism. or just plain disagreeable, too often view the THE ADVOCATE

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May 2021

CRIMINAL LAW UPDATE

By Jennifer W. Ritter

In 2019, a Somerset County jury convicted Alexander Dejarnette of driving under the influence of alcohol per se and other alcohol related offenses. On appeal, Dejarnette argued that the breath test results were erroneously admitted at trial because the State failed to comply with COMAR regulations related to a twenty-minute observation period prior to the administration of the breath test. The Court of Special Appeals held that the admissibility of the breath test is governed by Title 10, Subtitle 3 of Courts and Judicial Proceedings Article. “Section 10309 is clear that for a breath test to be admissible as substantive evidence, the State must comply with statutory requirements in the subtitle, including the two-hour time limit to administer the test, the required information necessary to be included in the report, and the limitations on who can administer the breath test.” Slip op at 7 (citing Cts. & Jud. Proc. §§ 10-303(a)(2), 10-306(a)(2), 10-304(b)). The Court continued, “[t]he subtitle does not include in its text a requirement of strict compliance with related COMAR regulations, nor does its language require a twenty-minute observation period prior to the administration of the breath test.” Id. The Court further held that “alleged compliance or noncompliance with the twenty-minute observation period goes to the weight of the evidence” and not admissibility. Slip op. at 16.

Williams argued that first-degree assault is a lesserincluded offense of second-degree murder and as such, the verdicts were inconsistent. The Court of Special Appeals noted that “[t]he prohibition on legally inconsistent verdicts ensures that a person is ‘not convicted of a crime on which the jury has actually found that the defendant did not commit an essential element, whether it be one element or all.’”

Slip op. at 11 (quoting Wallace v. State, 219 Md. App. 234, 251 (2014)(internal citation omitted)). The Court continued, “[o]ur ‘[inconsistency] analysis requires that we review the elements of the offenses as charged to the jury without regard to the proof that was actually presented at trial.’” Id. (quoting Teixeira v. State, 213 Md. App. 664, 683 (2013)(internal citation omitted)). “Any manner by which the jury strays from the prosecution’s theory of the case, as presented in the indictment, leads us not to legal inconsistency but to factual anomalies.’” Williams, Slip op. at 11 (quoting Teixeira, 213 Md. App. at 683). Here the Court looked to the elements of the offenses and concluded that the first-degree assault count in this case, as instructed by the trial judge, required a finding of the use of a firearm. Slip op. at 12-13. The instructions given for the second-degree murder count addressed intent to kill murder and killing another with the intent to inflict such serious bodily harm that death would be the likely result.

Williams v. State, Slip op. No. 1403, September Term, Because the instruction related to the murder count did not require the element of the use of a firearm as 2019 the first-degree assault instruction did, the verdicts Nicholas Williams was convicted of second-degree were not inconsistent. murder, unlawful possession of a firearm by a person under 21 and transporting a handgun in a vehicle. He Williams also challenged his conviction based on the was acquitted of first-degree assault and use of a State’s use of expert testimony related to firearms firearm in the commission of a felony or crime of identification. His appeal was pending at the time violence.

At trial, the State presented expert that Rochkind v. Stevenson, 471 Md. 1 (2020), was testimony related to firearm identification evidence. decided making the holding applicable to his case.

On appeal, Williams challenged his conviction on the The Court discussed in detail the Rochkind holding grounds that the verdicts were legally inconsistent, with emphasis on the fact that trial courts my not rely that the evidence was legally insufficient, and, among entirely on previous courts acceptance of other challenges to testimony, that the trial court methodology as generally accepted. Id. at 22. The trial court in Williams held an initial hearing to erroneously admitted testimony related to a firearms determine whether the challenged testimony required examiner.

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May 2021

The Baltimore County Lawyer Referral & Information Service is fully operational. Please direct the public to call 410-337-9100 Monday—Friday from 9:00 a.m.—3:00 p.m. to be referred to a lawyer.

Interested in more clients?

The 2021-2022 Lawyer Referral & Information Service Panel Application is now available online. If you are considering joining Lawyer Referral for the first time and have any questions, contact LRIS Coordinator, Jacob Bengel at jbengel@bcba.org. Remember...You can join or renew at any time!

We are looking for a few good screeners! As the bar office opens more regularly, we need phone screeners to help in person. LRIS panel members, call or email Jacob for more information on available shifts.

CRIMINAL LAW UPDATE

By Jennifer W. Ritter

a full Frye-Reed hearing but did not take testimony from witnesses.

After receiving argument, the examiner’s report, and three studies challenging the field of firearms examination, the trial court denied Williams’ motion to exclude the testimony. The trial court did so without making any factual findings relating to Rule 5-702. After discussing that the holding in Rochkind does not automatically result in a reversal for a new trial, the Court remanded for the limited purpose of making the necessary findings of fact and conclusions of law under the new standard.

Id. at 28. If the trial court concludes that it would reach a different conclusion than the one it previously reached, then a new trial should be granted.

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May 2021

FOURTH AMENDMENT UPDATE

By Stuart Schadt

On May 20, 2021, the Criminal Law Committee hosted a virtual Zoom meeting featuring Nancy Forster, Esquire, as its guest speaker, who presented a case law update and discussion about recent developments in Fourth Amendment Law. Current Vice Chair and incoming Chair, Judge Susan Zellweger, introduced Ms. Forster, and expressed how grateful she and the other members of the bar were for these extremely helpful and informational updates.

During the course of the presentation, Ms. Forster gave a brief synopsis of the relevant facts, pertinent issues, and the holdings of twenty (20) recent Supreme Court, Court of Appeals and Court of Special Appeals cases.

ANIGLIA v. STROM, 2021 WL 1951784 (Decided May 17, 2021) - Holding that the “community caretaking functions” of the police do not authorize a warrant-less search and subsequent seizure of firearms from the owner’s residence.

The following Maryland cases were also reviewed and discussed:

EUSEBIO v. STATE, 245 Md. App. 1 (2020) Holding that under a totality of the circumstances analysis, there was probable cause to perform the warrant-less search of the passenger of a vehicle, despite the fact that the basis for the initial stop and search of the vehicle was a deficient warrant that was overly broad.

The following Supreme Court cases were reviewed LEWIS v. STATE, 470 Md. 1 (2020) - Holding that odor of marijuana alone does not provide law and discussed: enforcement officers with the requisite probable cause CARPENTER V. UNITED STATES, 138 S. Ct. to arrest and perform a warrant-less search of the 2206 (2018) - Holding very narrowly that a search person incident to the arrest of a pedestrian. In order warrant must be obtained in order to access cell to have probable cause, there must be enough phone site location information but cautioned that the evidence to support a reasonable suspicion that the holding does not apply to conventional surveillance individual is in possession of a “criminal amount” of techniques such as security camera information or marijuana, and an odor of marijuana alone is not other business records that may incidentally reveal enough. location information.

LOCKARD v. STATE, 247 Md. App. 90 (2020) MITCHELL v. WISCONSIN, 139 S. Ct. 2525 (2019) Holding that the only time an officer can conduct a - Holding that under the exigent circumstances lawful frisk is: 1) after a lawful stop, and; 2) if the exception an unconscious individual suspected of officer possesses reasonable articulable suspicion that drunk driving can be subjected to a warrant-less the individual is armed and dangerous under a totality search by being compelled to submit to a blood test of the circumstanced calculus. due to their inability to provide a breath sample.

WILLIAMS v. STATE, 246 Md. 308 (2020) KANSAS v. GLOVER, 140 S. Ct. 1183 (2020) - Holding that a Terry “frisk” is limited “to a pat-down Holding that the police, after conducting a license of [an individual’s] outer clothing” and is meant to plate check, can assume that the owner of a vehicle is protect the officer and others, and not to discover in fact the driver of the vehicle; thus, evidence that evidence; thus, the tackling and macing of an the owner of the vehicle had a revoked license individual and subsequent search of his vehicle was provided reasonable suspicion to conduct a stop of unlawful since the officer did not establish that the the vehicle. suspect was armed and dangerous or that he posed a risk to the officer or others.

TORRES v. MADRID, 141 S. Ct. 989 (2021) Holding that gunfire that was shot at and struck a SCOTT v. STATE, 247 Md. App. 114 (2020) vehicle containing a fleeing individual constituted use Holding that the seizure of a gun that was in plain of force with intent to restrain and was thus a view on the person of a passenger of a vehicle “seizure” under the context of the Fourth lawfully stopped was constitutional.

Amendment.

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May 2021

FOURTH AMENDMENT UPDATE

By Stuart Schadt

WHITE v. STATE, 248 Md. App. 67 (2020) Holding that the search incident to an arrest exception does not allow for a warrant-less search unless the search is for additional evidence upon what the arrest is based or if the individual is unsecured and near the area to be searched.

GLANDEN v. STATE, 249 Md. App. 422 (2021) Holding that in order for an item to be considered in plain view, the officer’s initial intrusion must be lawful, and the incriminating character of the item must be immediately apparent.

FREEMAN v. STATE, 249 Md. App 269 (2021) THOMPSON v. STATE, 245 Md. App. 450 (2020) - Holding that probable cause can exist in a Holding that a warrant is valid if probable cause still circumstance where officers are well trained to detect exists after the inaccurate information provided by behaviors that are distinctive to drug dealing. the affiant is removed.

IN RE: D.D., 2021 WL 1651304 (CSA, Decided STATE v. ZADEH, 468 Md. 124 (2020) - Holding April 28, 2021) - Holding that the odor of marijuana that the search and seizure of information contained alone does not amount to reasonable articulable on a cell phone seized from the pocket of the suspect suspicion to stop a suspect. was unlawful since the scope of the warrant was for The entire one hour and two minute presentation can the search of the suspect’s vehicle, not his person. be accessed on the BCBA’s Youtube channel, and the STATE v. CARTER, 472 Md. 36 (2020) - Holding written materials which contain Ms. Forster’s that the “fare sweep” and subsequent search of synopses of the cases can be obtained by contacting individuals on an MTA light rail train amounted to an Amber Gaines at againes@bcba.org. illegal seizure because there was no reasonable articulable suspicion to conduct a search, nor was Many thanks to the Criminal Law Committee and Ms. Forster for such an invaluable and informative there any implied consent to the search. presentation!

TROTT v. STATE, 2021 WL 1586389 (COA, decided April 23, 2021) - Holding that a stop of a Keep your eyes peeled to the Advocate for future suspected drunk driver based upon a detailed Criminal Law Committee event. anonymous tip was lawful.

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May 2021

CIVIL LAW UPDATE

By Ceecee Paizs

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May 2021

WELCOME NEW BCBA MEMBERS!

CHECK OUT MYBCBA

1st Year Attorneys: Rachel Leigh Eldringhoff

Have you logged in to our website and visited your MyBCBA page? If not, you are missing out! Once you are logged in to our website at www.bcba.org, click on the ‘MyBCBA’ blue bar at the top of the page.

Once there, you will be able to:

William Anthony Kirkner

View upcoming events

Katelynn Brennan

Ashley Stephens 2-5 Year Attorneys:

View committee announcements Update your Lawyer Referral information View the committees currently belong

on

which

Anne Paul Cornell

View and pay any outstanding invoices

Max G. Frizalone

There are quick links to the following:

John Justin Leppler

you

Advocate Calendar

6+ Years Attorneys: James E. Crawford, Jr. Brett Michael Dieck

Membership Directory Member Benefits Committee Membership Management YouTube Channel

Government/Non-Profit Jared Isaac Albert Joseph Stephen Stephan

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Program Flyer Request and more!

Need help logging on? Contact Amber Gaines at 410-337-9102 or againes@bcba.org and she will walk you through it.

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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 OWINGS MILLS: Offices to rent: Share space with two solo Family Law practitioners. One or two offices available in a convenient office park off Red Run Boulevard. Includes use of conference room, kitchen and in suite bathroom. Call Steven at 410-979-8250.

TOWSON. Two offices to rent. We are a block from the courthouse. Use of office, telephone, copier and fax plus secretarial space are included. Call Frank at 410-296-6820.

PIKESVILLE. For Rent: 1306 Reisterstown Road, 2nd Floor, approx. 700 sq. feet, Separate entrance and parking. $500.00 per month. Call Arnold Silbiger 410-242-1616.

TOWSON. Towson-first floor office space and parking available a block from circuit court. 402 West Pennsylvania Ave. Contact Carl Gold cgold@carlgoldlaw.com or 410-337-5545.

TOWSON. Set of Maryland Reporter, Volumes 1-875 (2005) available for free. Call Neil at (443) 632-9060.

CATONSVILLE. Office space available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256 TOWSON. 2536.

Nicely furnished office space with parking, half block from circuit court. Pete McDowell 410-960-

TOWSON. Furnished office available in beautifully appointed suite in the heart of Towson. Use of conference room and other amenities. Contact Susan at 410-583-7007.

TOWSON. Small firm in Towson looking for an experienced part-time legal assistant/secretary two to three days a week. Any experienced candidates should contact Robert Jacobson at 410-583-8883.

TOWSON. 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom and kitchen on first floor, free parking space available, rent negotiable $50 to $100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-823-4214 or 410-790-1980.

CATONSVILLE. Office Space for Rent. Catonsville, 1002 Frederick Road, 2nd floor office. Private entrance, semi private restroom, use of conference room and kitchen on first floor. Free parking. Would be a great satellite office.

Please contact Lou Weinkam, Jr. at 410-744-3256 ext. 103.

THE ADVOCATE

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May 2021