THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 10
June 2021
PRESIDENT’S MESSAGE By Jay D. Miller Addio... Many trial lawyers will tell you, using pop culture references with a jury is risky. Some people will get them, some won’t. But since this is my last Advocate message as President, I figured you would indulge me and allow at least some artistic license to take a musical excursion, as I reflect upon this past year. References are provided, so feel free to Google. When I was nominated to the Executive Council ten years ago, I thought my “Journey” to being president was going to be a “Slow Ride” (Foghat). But in hindsight, it seems like “Yesterday (Paul McCartney/ Beatles). Those 10 years flew by and now, they are “Ten Years Gone” (Led Zeppelin) but far from “Wasted” (Def Leppard). This past year has been a blur. Literally, the entire presidency has taken place with my face firmly planted in front of the laptop, as virtually all meetings and events were held by Zoom. What started out “So Lonely” (Police) and seemingly headed for “This Disaster” (New Found Glory) turned out to be a “Terrific” (Drake Bell) year. Okay, I streamed more shows on Netflix than I care to admit, but I also rediscovered music. Having music playing in every room gave me the “Ability” (PXNDX) to alleviate COVID fever. As for the BCBA? "We Got the Beat" (Go-Go’s). Not only did COVID not slow us down, our Association prospered. Near-perfect attendance at meetings became the norm. Zoom caused many to complain initially, but it brought about a “New Wave” (Black Eyed Peas) of converts. You will soon find that
many of the BCBA committee meetings, as well as the Executive Council meetings, will continue being held via Zoom. Zoom is here to stay. “Yes” I know that I am leaving the BCBA in great hands. I think I can say with absolute "Honesty" (Billy Joel), that the best course of action that I could take throughout the year was not screw up what Rachel and her team have in place. I want to thank all of the BCBA members who participated in our many Zoom events, kept active and contributed in so many ways to our Association to make this year truly one of our best, even under (or maybe because of) extraordinary circumstances. As the bar year nears its end, hopefully the same will be true of the worst of the pandemic. Most recently, we were back live and in-person at our well-attended Golf Tourney. This helped to further benefit our charity, Court Appointed Special Advocates of Baltimore County (CASA). Continued on page 2
Mid-Atlantic Spinal Rehab & Chiropractic THE ADVOCATE
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May 2021
PRESIDENT’S MESSAGE By Jay D. Miller Please make sure to join us either in person or virtually at our June 17th Stated Meeting for the unveiling and presentation of our donation check to CASA. So, considering COVID, “It Was a Very Good Year” (you better know that one). Stan the Man Gann takes over as President with “Back in Black” (AC/DC) Jack Turnbull serving as our President-Elect. I will hang around to help take out the trash. Now, fade to black. Don’t Stop Believin’. Ciao… Jay D. Miller BCBA President, 2020-2021
MESSAGE FROM THE EXECUTIVE DIRECTOR By Rachel M. Ruocco
Would you or your firm like to be a part of history? As part of our 100th anniversary celebrations, The BCBA Historical Committee is working hard on a Centennial Memory Book that will be made available for free to all members this September. If you are interested in advertising in this keepsake book, please contact Mariela D'Alessio at mdalessio@sgs-law.com, Alaina Storie at astorie@tnsfamilylaw.com or Stan Gann, Jr. at sgannjr@levingann.com. Mark your calendar for Thursday, September 23rd from 5-9 PM for our Bar Year Kick-off Party and 100th Anniversary Celebration. Plan to join us in the courtyard outside Circuit Court for food, music, friendship and memories! This event will be free for all BCBA members and we look forward to seeing ALL of you!
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May 2021
2020-21 Officers President Pres-Elect Secretary Treasurer
Jay D. Miller Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles
Executive Council Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle D. Siri Alaina L. Storie Hon. Michael W. Siri, Immediate Past President Nicole E. Rush, Young Lawyers’ Chair
The Advocate
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.
Michael S. Barranco Committee Chair Tracee O. Fruman Committee Vice -Chair
Contributing Writers Michael Barranco Mariela D’Alessio Tracee Fruman Richard Gilbert Sally Gold John Gontrum Ari Kodeck T. Wray McCurdy Wendy Meadows Ceecee Paizs Mary Sanders Scott Stevens Alaina Storie Valerie Taylor Catherine Woods Susan Zellweger
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.
Inside This Edition Bench/Bar Update Civil Law Update Criminal Law Update District Court Schedule Judge Mayer Law Clerk Spotlight Law Day Law Librarian Lawyers Assistance Lawyers Toolbox Magistrate Brown Magistrate Polley Member Ads Past Presidents Dinner Professionalism Register of Wills Summer Scholars Wellness with Wendy
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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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May 2021
COURT NOTICES
JUNE DISTRICT COURT SCHEDULE
ORPHANS’ COURT ACCEPTING APPLICATIONS FOR MEDIATORS The Orphans’ Court for Baltimore County is opening its panel of mediators and accepting applications for its Mediation Program. Our Program has successfully been in place for 15 years and seeks to resolve estate disputes before, or rather than, going to trial. Our trained mediators help parties in a dispute exchange information and discuss ways to reach an agreement that satisfies each person’s needs.
and Trusts and a trained mediator, having completed 40 hours of accredited mediation training. If you would like to be considered, please visit https:// www.baltimorecountymd.gov/departments/ orphanscourt/estate-mediation to learn more about the Program and to apply. There is a link to the online application.
To mediate cases in the Orphans’ Court for Baltimore county, you must be an attorney conversant in Estates THE ADVOCATE
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Please forward any questions to Renee Boyd, Mediation Coordinator, at rboyd@baltimorecountymd.gov or call her on 410-887-6516. May 2021
OPEN PUBLIC INPUT MEETINGS June 2, 2021
revisions to the Maryland Rules. The names and Notice of Committee on Equal Justice, Rules dates of each meeting are as follows: Review Subcommittee 1. Landlord/Tenant – June 14 Open Public Input Meetings
2. Civil Procedure – June 16
June/July 2021
3. Domestic Violence/Protective Orders – June 21
On June 9, 2020, Chief Judge Barbera issued a Statement on Equal Justice and the Judicial Council’s Committee on Equal Justice was formed. The purpose of the Committee on Equal Justice is to build upon the knowledge and proficiencies of judges and Judiciary personnel to strengthen the Judiciary’s commitment to equal justice under law for all. Its scope is to ensure the increased knowledge and understanding of judges and Judiciary personnel regarding ethnic disparities, discrimination and systemic racism, including implicit bias (both conscious and unconscious), microinequities, and micro-aggressions. The committee will make recommendations on strategies to educate and dismantle any discriminatory behaviors[1] toward others in all aspects of the Judiciary’s functions. The committee will suggest areas of improvement, resources, support services, educational opportunities, and develop training curriculum for ongoing Judiciarywide engagement in the pursuit of equal, fair, and impartial justice for all.
4. Admission to the Bar and Ethics – June 23
The Maryland Judiciary’s Equal Justice Committee, Rules Review Subcommittee, will hold several open public input meetings virtually, using the platform Zoom. The purpose of these meetings is to identify Maryland Rules of Practice and Procedure that, in language or application, raise equal justice concerns or that affect people and communities of color or members of disadvantaged communities differently or disproportionately. These meetings will be recorded listening sessions. During these meetings, members of the public will be able to explain their observations of discriminatory or implicit bias that they have recognized or observed in relation to Maryland Rules of Practice and Procedure and circumstances that raise or contribute to these concerns, any supporting examples and data, and proposals for appropriate
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5. Criminal Procedure – June 28 6. Pattern Jury Instructions – June 30 7. Divorce – July 7 8. Guardianship – July 12 9. Child Custody – July 14 10. Evidence – July 19 11. Probate/Estate Law – July 26
12. Juvenile Delinquency and CINA – July 28 Each of these meetings will be devoted to a particular area of law or practice. A registration link will be sent to members of the bar and the public and posted on MDCourts.gov prior to each meeting. Please email ejcrulesreview@mdcourts.gov to ensure that you receive the Zoom link prior to the meeting time. If you have a comment related to a particular topic, you may e-mail it to ejcrulesreview@mdcourts.gov no later than 48 hours prior to the beginning of the meeting. Your comment will be distributed to the members of the Subcommittee prior to the meeting. [1]Discriminatory behaviors include, but are not limited to, those negative behaviors based upon race, color, national origin, religion, gender, sexual orientation, age, disability status, citizenship status,
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May 2021
BENCH/BAR COMMITTEE REPORT By Mary R. Sanders
As another harbinger that our routines are returning to pre-COVID normal, the May Bench Bar meeting was held in person, with others joining by Zoom. It is nice to get back to a semblance of normalcy! The hot topic was, of course, COVID, and how the courts continue to adjust to secure the fair and speedy administration of justice, while ensuring the safety of the court staff and public. Judge Jakubowski reported that jury trials have returned, both criminal and civil. The juries are being selected at the American Legion Building on York Road and then transported to Bosley Avenue. There has been good feedback and no problems concerning jurors. Both the Public Defender and State’s Attorney’s Offices reported no issues with the trials.
be on May 20 at 4:30 p.m.
Judge Jakubowski also reported that there is a new postponement policy for criminal matters. The court is no longer accepting written requests for postponement. All postponement requests must be done in person. Judge Cahill is reviewing all postponement requests for the month of May, and a party must show good cause. The Court is committed to clearing the backlog and wants to move these case in an expeditious manner.
And a final big welcome to Alexis Rohde who is replacing Baltimore County icon, Grace Connolly, who retired as the Register of Wills, a role she has served since 1998. Ms. Rohde is the former Assistant Attorney General representing the Register of Wills and Orphans Court. Ms. Rohde has come into her position ready to work, and is asking the bar for any suggestions, comments, or complaints regarding the Office.
A prison/defendant is entitled to wear civilian clothes for jury trials. Please coordinate with Brittany Jackson, who is the point person if you need to get clothing to a client.
Judge Wilson reported that the District Court has entered Phase V and all cases are being scheduled and the Court is even adding dockets to help clear out the backlog. The District Court is stretched thin because they are short two judges with Judge Chester’s retirement and Judge Mayer’s appointment to the Circuit Court. Judge Wilson has requested visiting judges to help with the shortage, but unfortunately most jurisdictions are in the same boat. In the event that Baltimore County is not allotted visiting judges, dockets in July will most likely have to be postponed. If this happens, attorneys will be notified immediately and the cases will be reset.
Carol Miller, the long standing chief deputy clerk in the Clerk’s office is retiring after 41 years of service. Carol has been a godsend to attorneys and all who she helped along the way. She will be sorely missed. While we are sad to see Carol leave, we wish her the very best and hope she enjoys her well-deserved retirement. We turn to welcoming Craig Moscovitz who will join the Clerk’s Office on June 30, 2021. Another big welcome is being sent out to Magistrate Carrie Polley who has started in the position and is hearing contested cases. The family law bar is thrilled to have you on the Bench and is confident you will be an asset to the Magistrate’s Office.
The Court has instituted a new policy for people who are denied entry to the courthouse because of their answers to the COVID questions. The person is to remain outside the building and Central Assignment will notify the judge or hearing officer. If criminal, the judge will be go on the record to discuss whether he will grant the party the right to enter, or how the matter will go forward. If civil or family law, the judge may decide the protocol, and whether the matter The landlord/tenant cases are going forward. The will proceed virtually, etc. CDC order which put a temporary halt on evictions Good news to all family law attorneys – the Visitation was recently vacated by a US District Court for the Center will reopen on June 1, 2021. They are District of Columbia. The Federal Judge stayed his accepting applications now. Wendy Meadows also Order pending an appeal, but the stay will expire reported that the Family Law Legislative update will shortly. There is an interim order, however, that THE ADVOCATE
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May 2021
BENCH/BAR COMMITTEE REPORT By Mary R. Sanders
requires landlords seeking to collect rent to file pursuant to the debt collector licensing provisions. This means the landlord must provide the tenant a notice that there are other resources available to the tenant to assist in rent payment.
access to legal counsel in landlord-tenant proceedings for those who occupy a residential rental property, or are a household member with an income that is less than 50% of the state median income. The program will not be fully implemented until October 1, 2025.
Executive Council President, Jay Miller reported that the Golf Tournament is all set for May 26, 2021 at Eagles Nest. The Stated meeting is scheduled for June 17, 2021 at 4:30 p.m. in the ceremonial courtroom. The winner of the J. Earle Plumhoff Professionalism Award will be honored and CASA will receive the funds that have been raised this year. Jay will be turning over the reigns of the Bar Association to Stanford Gann who will be the new Bar President.
The legislature passed a statute requiring the court to waive publication in certain circumstances regarding name change petitions.
This upcoming year is a special year for the Baltimore Bar Association – it is turning 100! The Bar Association is planning a celebration and printing Memory Books celebrating the last 100 years. If you are interested in sponsoring the Memory Book, please contact Amber Gaines, Mariela D’Alessio or Alaina Storie.
Maryland Appellate Courts are undergoing a name change if approved by voters in 2022 – The Court of Appeals will be the Supreme Court of Maryland and the Court of Special Appeals will be the Appellate Court of Maryland. The judges on the Court of Appeals will be justices. Judges now have the discretion, on a finding of good cause, to recall an arrest warrant issued by a District Court Commissioner, and in its place, issue a summons. The legislature decriminalized certain drug paraphernalia, and modified the penalties (spoiler alert, Governor Hogan vetoed this bill on May 26, 2021)
Nicole Rush, Chair of the Young Lawyers Committee reported that her committee was working hard to put The full list of Mr. Tompsett’s summary can be found together the silent auction which will occur during the in last month’s issue of The Advocate. Golf Tournament. All funds will be donated to CASA. The Bench Bar Committee was treated to an informative and complete legislative update by Tommy Tompsett, Jr., an attorney and lobbyist. Highlights from his presentation include the following: The implementation of the new Child Support Matrix which extends the income share model to a combined income of $360,000 annually will be delayed until July 1, 2022; Voters will get to vote in the November 2022 election to increase the District Court’s jurisdiction to $25,000 as the amount in controversy.
SAVE THE DATE! Thursday, September 30th, 5:00-7:30 PM Join the Entertainment, Membership, Small & Solo and Young Lawyers Committees for a Happy Hour to celebrate and network as we welcome incoming law clerks. Location TBD
Maryland is extending access to the right to counsel in select civil cases. This new legislation will provide THE ADVOCATE
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May 2021
RETIREMENT & ACCOMPLISHED CAREER OF REGISTER OF WILLS, GRACE G. CONNOLLY By John Gontrum
She belongs to a countless number of civic and social groups and has been a board member or officer of most of them. As Judge Evans referenced, she is easily one of the most recognized persons in Baltimore County. Former State Senator Michael Collins refers to her as “Amazing Grace”. Whether it is a Chamber of Commerce, community association, senior center, fraternal organization or sorority, Grace has probably been there numerous times either as a speaker or as a guest or member. On March 16, 2021 Grace Connolly announced her retirement as the Register of Wills of Baltimore County. Chief Judge William R. Evans issued a statement saying: “Grace Connolly is a Baltimore County icon and is credited with the professional and courteous manner in which the Register’s office operates.” But if an icon is a static image, neither an image nor any words can capture Grace Connolly, for she is one of the most dynamic individuals you will find anywhere. Grace was first elected as Register of Wills in 1998. She was the 18th Register of Wills of Baltimore County and the first woman to be elected to that position. Prior to becoming Register of Wills she was elected to the Orphan’s Court for Baltimore County in 1986, became its Chief Judge in 1990 and served until her election as Register of Wills. For years, those of us who had occasion to do estate planning for our clients or to probate the estates believed that Baltimore County had the most efficient and helpful clerks in the State. Grace loves politics and public service. Prior to serving as an Orphan’s Court Judge she served on the Baltimore County Democratic State Central Committee, and had been a Democratic National Committeewoman from 1980-1986. She was Treasurer of the Maryland Democratic Party in 19791980 and went to the 2000 National Convention as a delegate.
Grace started her career as a nurse. Dear to her heart is Mercy Medical Center where she worked as a nurse even while on the Orphan’s Court. She is a proud alumna of the Institute of Notre Dame in downtown Baltimore.
After serving as Past President of the Orphans’ Court Association of Maryland, she was elected by her peers across the country as President of the National College of Probate Judges. She was a leader among the Orphans’ Court judges and Registers of Wills in Maryland. So as she goes into retirement after decades of accomplishment what does she leave us? We have one of the highest functioning government agencies in the country. Our Register of Wills office is a model thanks to Grace and the people she brought to the office over the decades. Grace also leaves us a sterling example of public service. Politicians are generally not high on the scale of public opinion, but Grace believes helping people at times of need and stress is a way of life, and she has reveled in it whether as a nurse or as a government servant. She believes in helping people, which is what we hope our elected officials will do when elected to office. She also demonstrated that you can raise a family, have a career and be involved with her community through touching individuals and volunteering with local organizations. Grace made a difference, and for that we are all grateful and wish her the very best in her retirement.
Her connections throughout the County are legion. THE ADVOCATE
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May 2021
MAGISTRATE PHYLLIS BROWN: A 3 PART TRIBUTE
By Magistrate Catherine Woods, Retired Magistrate Richard Gilbert and Sally Gold future plans to travel internationally. We bemoaned our canceled trips during the pandemic and vowed to double or triple our efforts to book trips when the world reopened. I made Phyllis promise that she would not leave the courthouse until my youngest went off to college. I have forgiven her for leaving two months shy of his send off because she is a true friend. On behalf of all of the judges, magistrates, court clerks and court personnel, I wish Phyllis Winsome Brown all the best as she moves on to her next adventure in life. She will certainly be missed all around this courthouse.
Mag. Phyllis Brown- Colleague and Friend By Magistrate Catherine Woods It is with more than a touch of sadness that I write this article on the retirement of my friend and former colleague, Phyllis Brown. Before coming to the courthouse in June of 2015, I had, of course, appeared before then Master Brown in various family law matters over the years. I always found her to be a wise, straight-forward, and fair finder of fact. Throughout Magistrate Brown’s twenty-one year tenure at the courthouse, she was always highlyregarded by both the bench and the bar. She was/is very knowledgeable about the law; she understood the subtle nuances of domestic cases; and she went out of her way each day to help both self-represented litigants and counsel when the situation called for it. I enjoyed working each and every day with Phyllis. When I first arrived as a new magistrate, she made sure that I knew that she was always available if I had a question about an internal Court process, a dilemma with the procedural posture of a case or a thorny area of law. She was never too busy to listen when I had had a long full day of trial and needed to recount the highlights to ensure that I was comfortable with how I intended to decide the case. Most significantly, however, I will miss having my good friend, Phyllis, working in the office adjoining mine. Each day (or at least each week if we were very busy), we caught each other up on our personal lives, joked, and laughed. We share a love of travel and we talked incessantly about prior adventures and THE ADVOCATE
By Ret. Magistrate Richard Gilbert On April 2, 2021, Magistrate Phyllis W. Brown officially presided over her last docket as a Family Law Magistrate for the Circuit Court for Baltimore County. Phyllis Brown celebrated her birthday two days after her last day of hearing cases, having spent 21 years serving the Circuit Court and citizens of Baltimore County. Phyllis was born in Frederick, Maryland and was raised in Dickerson, Maryland in a country setting on her family’s gentleman’s farm. As a young child she was in charge of the dogs, cats, feeding the chickens, and gathering fresh eggs in the morning. She was a member of the 4H Club, as were her siblings. Phyllis attended St. Martin’s School for grades one through eight in Gaithersburg. Phyllis attended Holton Arms for High School and graduated in 1971. After graduating from high school, Phyllis attended Dickinson College and majored in English and history with a minor in economics and graduated Magna Cum Laude. In her junior year of college, she attended the University of Lancaster in England which provided her the opportunity to visit with members of her mother’s family and afforded her time to travel throughout parts of Europe.
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Continued on page 10 May 2021
MAGISTRATE PHYLLIS BROWN: A 3 PART TRIBUTE
By Magistrate Catherine Woods, Retired Magistrate Richard Gilbert and Sally Gold After finishing college Phyllis was admitted to the University of Maryland Law School and graduated with high honors two and one-half years later. While attending law school Phyllis had the opportunity to work at the Maryland Office of the Attorney General and was a law clerk in the United States Attorney’s Office in Baltimore. Between taking the bar exam and being admitted to the Maryland State Bar Phyllis was able to enjoy her passion for travel and spent three months traveling around Europe once again. Phyllis was hired by the law firm of Melnicove, Kaufman and Weiner and was the first female associate there.
inducing child is now nearing 40 and the father of 3 adorable children.
I believe I first met Phyllis when we were on opposite sides of the Rosenberg case in the early 1980’s. She later appeared before me several times years over the years after I became a magistrate. Her skills and abilities as an advocate for her clients were exemplary.
family law magistrate in Baltimore City, practiced law together. Andrea would describe Phyllis as relentless in her review of financial records and ruthless in her efforts to uncover those patterns, transfers, and actions which allowed her to discover hidden accounts, suspicious spending patterns, and the inevitable check(s) to the paramour. She was an industrious worker who would always multi-task, often with some needlework in hand. In addition to being the “best law partner ever” (one in whom Andrea had total trust), Phyllis introduced Andrea to the pleasure of travel in Umbria.
At the time (and for some years thereafter), we were both Baltimore City residents and enjoyed what city living had to offer. We shared an interest in crafts -creating crafts ourselves and craft shopping, particularly enjoying attending craft fairs together. Professionally, we were both doing family law work and had opportunities to brainstorm with each other. When I underwent hip replacement surgery, I trusted Phyllis to take over my practice. She did so graciously and effectively. It was shortly after that when she accepted the Master position in Baltimore After a number of years, Phyllis became a partner, County. which is not surprising given her legal talent. Later In between her stint at Melnicove and her Baltimore she opened her own practice and ultimately joined County appointment, Phyllis and Andrea Kelly, forces with Andrea Kelly to form their law firm. another former Melnicove associate and current
It was a privilege and an honor to have had the opportunity to work with her. We often had chambers chats about legal issues, politics, proposed legislation, and recent appellate decisions which were always enjoyable.
We all wish Phyllis the best, and we hope she enjoys travelling, spending time with grandkids, eating her To the best of my recollection, Phyllis and I met in the chef son’s delicious creations, creating her own art early 80’s when she was working at Melnicove, work and simply spending time with her husband, Kaufman & Weiner. Kathleen Sweeney (the other Paul. female associate there) introduced us. Kathleen, Phyllis, and I were pregnant together and bonded. SAVE THE DATE! The day that Kathleen, Phyllis, and a young male Saturday, August 21st, 7 PM associate at Melnicove were walking on Charles Street just north of Redwood and Phyllis, in the throes Baseball and Crabs of miserable morning sickness, stopped on Charles Aberdeen Ironbirds Street, vomited on the street, and then kept on walking is legendary in certain circles. That nauseaLeidos Field at Ripken Stadium By Sally Gold
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May 2021
ELEVATION OF THE HONORABLE STACY A. MAYER TO THE CIRCUIT COURT By Thomas Wray McCurdy
The Circuit Court for Baltimore County’s gain was the District Court for Baltimore County’s loss when Governor Hogan elevated the Honorable Stacy A. Mayer on February 1, 2021. Judge Mayer took the oath on a snow day by way of a zoom call in order to hit the ground running, leaving her District Court colleagues, staff, litigants, (even defendants!) saddened to see her go. Essex is left in crisis without her but will survive, as crisis is the norm on occasion in 21221, and Essex will always have a special place in Judge Mayer’s heart. As some don’t remember, or may not have been around during her time in the Baltimore County State’s Attorney’s Office, she was a part of what may have been the best District Court era of Assistant State’s Attorneys. The Honorable Rachel Skolnik, Al Webster, Brian Thompson, Garrett Glennon, Dan Trimble, Bill Bickel, Mark Wolfe, Sam Draddy, Mark Zayon, Mike Vecera, Thomas Brooks, Sean Malone, Adam Lippe, Dilip Paliath and Judge Mayer all rode the Beltway as young attorneys in Baltimore County. Judge Mayer eventually wanted to be closer to her home while starting a family so circumstances dictated that she leave Baltimore County to fulfill that request. She was then a prosecutor in Howard County for a decade before joining Governor O’Malley’s staff in Annapolis, initially as Deputy Legislative Officer then Chief Legislative officer, for five years. When she was appointed to the District Court in 2013, in her first application for the position, some who had not interacted with her previously asked, “Who is she?” Once they appeared before her they quickly found out exactly who she is.
investiture with family and friends on one occasion, unfortunately just not this one. She stoically held her iPhone at the appropriate distance and became a circuit judge, pandemic style. Judge Mayer was a pleasure to appear in front of in the District Court. She displayed a temperament that can only be the product of wisdom and a quiet tenacity and empathy that can only be the product of a genuine heart. Most run from the difficult times and the chaos but a select few are drawn to it, out of a desire to help those caught inside the turmoil. Judge Mayer is one of those few individuals. We are truly fortunate to have Judge Mayer on the Circuit Bench and on behalf of the BCBA, welcome!
Judge Mayer was raised in Howard County, as she puts it "grew up a Landolt" before straying east and attending McDonogh, where she met her husband of 25 years, Greg. They have three boys: Reese, 20, a sophomore at University of Notre Dame; Jake, 19, graduating from McDonogh and attending Loyola University Maryland in the fall; and Bryant, 16, who is a sophomore at McDonogh. In true Judge Mayer fashion, she is pleased to have enjoyed an THE ADVOCATE
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May 2021
WELCOME TO THE BENCH, MAGISTRATE CARRIE L. POLLEY By Sally B. Gold
It was 2010, and I needed an associate. The lawyer who had been with me for several years had left. Apparently, she decided that it would be more fun and less stressful to go to Afghanistan to advocate for the rights of women and girls than to work at my family law office in Baltimore City. Carrie had gone to law school at the University of Baltimore with the son of a friend and colleague. She had interned with Suzanne Farace and then worked at Hochberg, Costello and Baron for several years. She came with 5 years of experience in family law litigation. What she also came with was southern charm and kindness. Having lived in Kentucky for years and having attended the University of Louisville, she also brought a southern drawl. Carrie very quickly made herself indispensable. I was immediately impressed with her work ethic, intelligence and ability to keep me organized. She could handle clients on her own and was the perfect second chair on major cases. Along with Carrie, I got to know her husband Chris, a historian working at the Maryland State Archives (and who has been kind enough to allow himself to
be volunteered to assist the Baltimore Courthouse and Law Museum Foundation to understand the history—good and bad—of the Judges whose portraits hang throughout the City Courthouse). Carrie has two children. Lily, who was 1 year old when Carrie began working for me, was joined several years later by Harrison. Their existence is permanently etched on my office walls – I’d frequently mark their growing height on an interior door jamb. Carrie was always willing to speak her mind, disagree with me and correct me whenever necessary – in the kindest way. Among the many things I learned from her, one which will undoubtedly endure, is the existence of Graeter’s ice cream, a Kentucky favorite, now available locally.
I expect Magistrate Polley will bring to her new position what she brought to my practice: intelligence, hard work, fairness, high expectations of others and kindness. Editor’s Note: Magistrate Polley was born in Covington, Kentucky in 1982, received her Bachelor’s Degree in Communications and Media Studies from University of Louisville in 2002 and was awarded her J.D. from the University of Baltimore School of Law in 2005. She was admitted to the Maryland Bar in 2005, was an associate at Hochberg Costello & Baron from January of 2006 to September of 2010 and an associate at the Law Offices of Sally B. Gold from September of 2010 until she began her service as a Magistrate in the Circuit Court for Baltimore County on April 19,
Did you know???
The BCBA held their first meeting on May 21, 1920. The BCBA, Inc. was founded on May 4, 1921.
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May 2021
SCOTT STEVENS—DIRECTOR OF THE LAW LIBRARY AT THE CIRCUIT COURT FOR BALTIMORE COUNTY By Valerie Taylor
Scott Stevens is currently serving as the Director of the Law Library at the Circuit Court for Baltimore County and he has been a member of the team at the Law Library since 2002 during which time he served as an Associate Law Librarian. Prior to his employment at the Circuit Court for Baltimore County, Mr. Stevens gained experience by working at a seminary library, University of Maryland’s Human Service Library, and NASA Goddard’s library.
community, including attorneys, judges, and selfrepresented litigants. Mr. Stevens noted that over his years working at the Law Library, he has seen a shift in the law library being a place primarily for attorneys and judges to being a place for selfrepresented litigants to gain access to the legal information and assistance they need.
Mr. Stevens recounted that although he initially did not have a desire to pursue a law degree when he first began working at the Law Library, he was immensely inspired to do so by The Honorable Susan Souder. After graduating from law school and passing the bar, Mr. Stevens stayed within the library world due to the growing need for self-help in the law and his love for sharing information with people.
Stevens is from Baltimore, Maryland and currently resides in York, Pennsylvania. In addition to having a love for reading, Mr. Stevens also has an interest in computers and likes to learn computer programming during his free time.
Mr. Stevens encourages more attorneys in the area, especially new members of the bar, solo practitioners and members of smaller firms, to utilize the law library due to the vast resources that are available. This includes, but is of course not limited to, free access to annotated material, Lexis Nexis and Westlaw subscriptions, and information in niche areas of the law, such as tax law. Mr. Stevens Mr. Stevens attended Goucher College and earned his emphasized that the Law Library is an indispensable B.A. in Communication. He then went on to earn his resource for gaining practical information about any Masters in Library Science from the University of area of the law in which one is unfamiliar. Maryland, College Park, his Juris Doctor from the In his free time, Mr. Stevens enjoys spending time University of Baltimore School of Law, and his outdoors and cycling. One of his most memorable M.B.A. from University of Baltimore/Towson cycling tours was one from Pittsburg to Cumberland University. along the Great Allegheny Passage in 2020. Mr.
Mr. Stevens sees the law library as the heart of the legal community with particular importance on the self-help program. He takes pride in the law library being a place which both directly and indirectly serves equal access to justice and benefits the entire
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The law library in the Baltimore County Circuit Court is located on the second floor of the Courthouse and is open from 8:30 a.m. to 4:30 p.m. Monday through Friday for in-person services. Next time you are in the Courthouse, please stop by and introduce yourself to Mr. Stevens if you are interested in learning more about the law library and what it has to offer!
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May 2021
LAW CLERK SPOTLIGHT
By Michael Barranco & Tracee Fruman Fun facts about Andrew: He was a pole vaulter when in high school, he bicycled from Clarksville to Ocean City (over 150 miles) in one day, and when he was younger, he worked at Merriweather Post Pavilion where he was lucky to catch some of the acts such as The Black Keys. He is often asked if he is related to attorney Andrew C. White of Silverman Thompson— they are not.
Andrew White Andrew White is currently serving as law clerk to the Honorable Paul J. Hanley. Andrew was raised (after second grade) in Clarksville, Maryland and he graduated from the McDonogh School in Owings Mills before attending Washington and Lee University in Lexington, Virginia. He received his bachelor’s degree in 2017, majoring in politics. In the past he interned with Steven R. Schuh while Mr. Schuh was County Executive of Anne Arundel County and also interned on Capitol Hill with the late Thad Cochran, United States Senator from the State of Mississippi. Andrew received his JD in May of 2020 from the University of Maryland Carey School of Law. As was the case with most educational institutions at the start of the pandemic, Carey Law went to remote classes in his final weeks of law school. He started his clerkship with Judge Hanley in August of 2020 for a period of one year. Andrew has found clerking for Judge Hanley to be a great experience. His favorite part of the job has been researching and writing memoranda concerning unique legal issues. Andrew appreciates the way Judge Hanley treats his staff, including having meaningful discussions with him about the cases and issues which are before the court. Although there were no jury trials during the pandemic, Andrew has enjoyed observing many practicing lawyers, with different styles, appearing before the court in hearings and bench trials, particularly on the civil side. His experience clerking has solidified his interest in becoming a litigator. THE ADVOCATE
Joe Stephan Joe Stephan is currently serving as law clerk to the Honorable Colleen A. Cavanaugh. Joe grew up in Reisterstown, Maryland and graduated from Calvert Hall College High School before attending the University of South Carolina. He received his bachelor’s degree in 2016, majoring in criminology with a minor in psychology. He received his JD from the University of Baltimore Law School in May of 2020 and started his clerkship with Judge Cavanaugh in August of 2020. Because of the pandemic, all of his bar review classes were online, and the bar examination itself was taken entirely online. He became a member of the Maryland bar in December of 2020 in a remote swearing in ceremony. Reflecting on the past year he thinks of the changes to court procedures necessitated by the pandemic, such as the use of remote proceedings, as being transformative in the practice of law. However, he looks forward to the court returning to more in-person proceedings in the coming year, in particular the opportunity to observe more jury trials. He believes he has learned much already observing lawyers practicing in court. Recently, Judge Cavanaugh
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May 2021
LAW CLERK SPOTLIGHT
By Michael Barranco & Tracee Fruman presided over a lengthy, complex, medical malpractice jury trial. Joe has known for a while that he wanted to become a litigator. Although his interests at this point remain broad, business litigation and family law are some of the areas of law he is exploring. Judge Cavanaugh recently took over as head judge of Family Law cases in Circuit Court, thus Joe has had the opportunity to learn more about Family Law than he might otherwise would have. He noted that he decided to do a clerkship, not to “buy time” after law school, but to learn by the experience. He recently applied for membership in the BCBA and looks forward to participating in bar activities. He is a sports fan and he enjoys attending Orioles games and doing fantasy sports teams. He also enjoys spending time with his family and friends. Joe will be clerking for Judge Cavanaugh for another year, until the summer of 2022.
District Court for Harford County brought Riane to Maryland for the next stage of her career. Riane took the Maryland bar exam in July 2019 and clerked for Judge Hazlett from August 2019 until June 2020. Riane knew that she wanted to continue clerking, in particular, in the circuit court. “I wanted to get more experience [and] a circuit court clerkship is more hands-on, allows for more courtroom time and offers different types of cases.” In June 2020, Riane began clerking for Judge BallouWatts. Since February 2021, Riane also temporarily clerked for the recently appointed Honorable Stacy A. Mayer. Riane says that the best part of her clerkship has been “seeing things from a different perspective. When you’re in law school, so much is about your argument as an advocate. But we never learn about how judges think and how they make decisions and that has been really great to experience.” Riane has also enjoyed the opportunity to work with other judges and learning each of their unique styles, especially “seeing all of the stuff that goes on behind the scenes and the conversations that go on in chambers.” Riane has appreciated seeing different approaches to solving issues and has learned that “it is important to take a holistic view and look beyond your own arguments.”
Like her colleagues, Riane cites COVID-19 as the biggest challenge of her clerkship. “One of the Riane Lenzner-White biggest perks [of being a law clerk] is seeing jury Riane Lenzner-White, law clerk to the Honorable trials and we haven’t had that opportunity. It is Vicki Ballou-Watts, grew up in San Diego, CA but disappointing to miss out on that,” said Riane. made her way to Baltimore with a pitstop in the Midwest. One wonders why anyone would leave San Riane has accepted a position as an associate with Diego, but Riane wanted to go somewhere new and Silverman Thompson Slutkin White practicing meet new people. A graduate of the University of business litigation. In her spare time, Riane likes to Illinois, Urbana-Champaign, Riane earned a degree in paint and travel. In fact, during Riane’s 1L summer, broadcast journalism. Riane then attended she worked in the Office of the Public Defender in Washington University in St. Louis (my Durban, South Africa. Since most of Riane’s family undergraduate alma mater--Go Bears!) for law school lives abroad (Kenya, South Sudan, and New and graduated in 2019 with both a JD and an LLM in Zealand), once COVID is in the rearview, Riane negotiation and dispute resolution. Although she looks forward to traveling again and visiting her loved St. Louis, the people, and the food, a clerkship family. BCBA wishes Riane the best of luck in her Continued on page 19 opportunity for the Honorable Susan H. Hazlett in the post-clerkship endeavors! THE ADVOCATE
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May 2021
LAW DAY—ADVANCING THE RULE OF LAW NOW By Mariela D’Alessio
The Baltimore County Bar Association hosted its annual Law Day event on May 3, 2021 via Zoom. Law Day is typically held on May 1 of each year and is a celebration of the role of law in our society. This year’s theme was Advancing the Rule of Law Now. The rule of law is the foundation of rights and liberties afforded to all in America. It is a reminder that we the people share equally in the responsibility to promote the rule of law, defend liberty, and pursue justice in both times of calm and unrest alike. Court of Appeals Chief Judge, Hon. Mary Ellen Barbera, was the keynote speaker for the event. Judge Barbera was tasked with leading the State of Maryland and its court system through the pandemic. Judge Barbera tackled these unprecedented times with the same demeanor and approach that has made her such a distinguished and well-respected Judge, member of the Bar, and individual. Judge Barbera took into consideration the safety and wellbeing of all court staff, attorneys, and the public at large, all while upholding the rule of law. Judge Barbera’s presentation focused on attorney’s promoting access to justice and respect for the rule of law in light of the pandemic. Please visit the BCBA YouTube channel to watch the entire Law Day celebration, including Judge Barbera’s full presentation.
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Each year fellow BCBA members nominate an individual to receive the Judith P. Ritchey and Law Day Awards. The criteria for the Judith P. Richey Award is: (1) Bar Association member, (2) significant constructive impact on Bar Association activities during the past year, (3) largely unrecognized for these efforts, and (4) adding to the proficiency, respect and reputation of the Bar Association. The criteria for the Law Day Award is: (1) Bar Association Member, (2) impact on the status or administration of the law, (3) participated in bar related activities over the course of several years, and (4) service to the Bar Association over the course of several years. Kimberly S. Barranco presented this year’s Judith P. Ritchey Award posthumously to the Honorable Alexander N. ‘Sandy’ Williams, which was accepted by her husband, Dana O. Williams. Rebecca A. Fleming presented this year’s Law Day Award to the award recipient, Edward J. Gillis. Congratulations again to this year’s Law Day awards recipients.
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May 2021
LAW DAY—ADVANCING THE RULE OF LAW NOW By Mariela D’Alessio
Whitney E. Wilder recognized both the high school and collegiate mock trial champions. Congratulations again to Tony Asdourian, head coach for The Park School of Baltimore high school and its entire mock trial team for being this year’s Maryland State Mock Trial Champions. Congratulations again to Benjamin Garmoe, head coach for UMBC and its entire mock trial team for being this year’s American Mock Trial Association National Champions. The Honorable Stacy A. Mayer, our newest Associate Judge on the Baltimore County Circuit Court, presented this year’s Essay Awards. The first-place winner was Nicholas Dimitriades, Grade 9, secondplace winner was Rose Delury, Grade 9, and thirdplace winner was Alexandra Tobian, Grade 9. This was a strong showing for Towson High School with all winners being students there.
Thank you to all my fellow committee members and for all that participated in Law Day this year. I speak for myself and I know others in saying that I am very much looking forward to Law Day 2022 for the inperson breakfast program and noon program in the ceremonial courthouse.
Finally, Judge Mayer presented this year’s Art and Teacher Awards. The kindergarten/First Grade winner was James Ortega of Mays Chapel Elementary School, the 2nd/3rd Grade winner was Tinsley Alcarese of School of Cathedral of Mary Our Queen, the 4th/5th Grade winner was Charlotte Cavanaugh Rice of Pinewood Elementary School, the 7th Grade winner was Hunter Becker of Concordia Preparatory School. This year’s Teacher’s Award winner was Marcie Barth of Concordia Preparatory School. Congratulations! THE ADVOCATE
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May 2021
PAST PRESIDENTS DINNER By Alaina Storie
As the newest member of the Executive Council, I was tasked with reflecting upon the Past Presidents’ Dinner held on May 19, 2021. As my opportunity to lead the BCBA does not come around until 2029, one would think that walking into a room of formidable law practitioners and Judges who have had the honor of being the BCBA President in years’ past would be intimidating. Instead, this group was nothing but warm and welcoming. This was the first in-person event of the Bar Year for our current BCBA President, Jay Miller. President Miller has done an incredible job leading the BCBA this year despite the virtual format of our events. He took the opportunity to address the room and recognize the job well done by Judge Michael Siri, our Immediate Past President, who ended his term at the start of the pandemic. Judge Siri also recognized Rebecca Fleming for her year as Madame President, as this event was cancelled in 2020, and thanked her for her dedication and enthusiasm for the BCBA. After the formalities of speeches and photographs were out of the way, this group spent several hours catching up. It is easy to see why the BCBA is such a fantastic organization and has endured these 100 years – it has been led by those who are good people and good friends, and who are invested in the BCBA’s future success.
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May 2021
LAW CLERK SPOTLIGHT
By Michael Barranco & Tracee Fruman after her clerkship.
Fiona Puglese is currently serving as a law clerk to the Honorable Michael Finifter. Ms. Puglese, a die-hard Ravens fan, was born in Baltimore, but was raised in Fallston. After attending Fallston High School, Ms. Puglese graduated from the University of Maryland College Park, where she majored in government and politics and minored in U.S. history. Ms. Puglese graduated from college in December 2016, but before starting law school, she decided to pursue her lifelong dream of working at the Happiest Place on Earth: Walt Disney World in Orlando, Florida. Ms. Puglese spent six months working in the Magic Kingdom at Cosmic Ray’s Starlight Café as a server. Ms. Puglese attended the University of Maryland Francis King Carey School of Law, where she served on the Maryland Law Review, the Moot Court Board, and the National Trial Team. In fact, Ms. Puglese was a member of the trial team that won the Drexel Battle of the Experts Trial Team Competition in the fall of 2019. Her experience on the trial team was especially memorable because it was a medical malpractice case involving actual medical personnel. “It was as close to a real medical malpractice case as you can get,” said Ms. Puglese. Although she already had an interest in medical malpractice work, her experience on the trial team solidified her desire to pursue that area of law
THE ADVOCATE
Ms. Puglese always knew that she wanted to be a circuit court law clerk because of her love of trial advocacy. “I was able to see a jury trial last week, which was really amazing. I didn’t think I’d get to see it because of COVID.” A self-described “COVID clerk,” Ms. Puglese and her fellow law clerks and courthouse staff have had to be flexible as they navigated the realities of working during a pandemic. Ms. Puglese said, “pre-vaccine it was very scary to have to go to work and be worried about getting sick and possibly getting my friends and family sick, [but] everyone in the courthouse was so flexible and communicative. It was great to see everyone come together.” Despite the challenges of clerking during a pandemic, Ms. Puglese has truly enjoyed being Judge Finifter’s law clerk. Judge Finifter has helped her improve her writing and Ms. Puglese said, “I can call and talk to him anytime, about anything.” When asked about her favorite part about clerking, Ms. Puglese said, “Just working with Judge Finifter has been an absolute pleasure.” After her clerkship, Ms. Puglese will be joining the law firm of Baxter, Baker, Sidle, Conn & Jones, where she spent her 2L summer. Outside of work, you can find Ms. Puglese at her home away from home, M&T Bank Stadium, where she attends all of the Baltimore Ravens home games. You might even spot her at one of the away games! Ms. Puglese also enjoys checking out Baltimore’s restaurant scene.
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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
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May 2021
TACKLING
WELLNESS WITH WENDY EMAIL: A WELLNESS & TIME MANAGEMENT PERSPECTIVE By Wendy Meadows
Thank you everyone for your feedback and input on my first wellness article! Keep it coming! This issue’s topic? Tackling e-mail from a wellness and time management perspective.
Anything but check your e-mail. Wait.
morning.
4. If you are going to be in court or in meetings all day and know you cannot respond, turn on your auto reply. You don’t need to make it fancy and you don’t need to tell everyone your why or just how complicated and convoluted your day will be, but you can relieve some of the e-mail pressure and “guilt” this way to avoid checking e-mail when you know your attention is required elsewhere.
2. When you sit down at your desk in the morning, jot down three things you want and need to accomplish. Do those three things before opening E-mail and our inboxes can be the bane of our your email. existence. I think we can all admit that we have fallen Caveat: if you are worried you have an e-mail that prey to the following morning “exercise:” make a cup relates to one of those tasks, open your email, do a of coffee, sit down at desk, open your email, start search, and only open e-mails directly related. Once ticking off e-mails one by one, and before you know you are done with your three tasks, then open your eit, it’s lunchtime. You have a settlement conference mail and go to town. at 1:30 and you need to get a quick bite to eat before you leave, and you never actually tackled the tasks 3. Turn off all of your e-mail “dings” on your you wanted to do that morning. You feel stressed, computer, phone, and smart watch. You do not need behind, and like you have nothing to show for your to be audibly assaulted every time you get an e-mail. Or perhaps, this happens. You hit the alarm on your phone to turn it off. You bring your phone into bed to check the time, see a full email box, go right for the one from your most difficult client or opposing counsel because you are dying to know how they responded, and your blood pressure is up before your feet are even on the floor. I am guessing you are either nodding along with me or you have developed a system to stave off some of the issues you see here. Consider this inquiry (which is borrowed from experts in time management): Are you the CEO of your business or is everyone else? Who should be in charge of the way and how you practice law? You? Or all of your clients and everyone else?
5. After lunch, repeat step two. What do you need to accomplish? Do those things first. Then, you can go back to that inbox.
A note about systems. No matter what you have in place and no matter what your intentions are, your systems will sometimes go out the window. That is okay. You don’t need to beat yourself up and you don’t need to be perfect every day. However, once I assume you see where I am going. Why on earth are you can figure out the first step, recognize where you we going to let everyone else decide in what manner can do better, and have a plan to succeed, you are halfway there! we are going to practice law on any given day? Here are five tips you can implement now to protect I would love to hear from you if you have any other special systems you put in place, so you are the ruler your day, your practice, and your mental health: of your inbox! Please e-mail them to me at 1. Take care of you FIRST in the morning. That wendy@wendymeadowslaw.com. I always enjoy might mean any of the following: get in your hearing from you (after I finish my three things!). workout, eat breakfast with your family, spend time with a devotional, read the paper, meditate, read a book, walk the dog, savor your coffee in quiet. THE ADVOCATE
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May 2021
THE LAWYER’S TOOLBOX By Scott Stevens
How Do I Begin?
The first step is deciding where you want your law office located. Do you want a bricks and mortar office, a virtual office, or shared space like Launch Workplaces. Professional business street addresses can be rented through facilities such as UPS Store or businesses such as Launch. Concierge and answering services may also be available.
This is the question new attorneys must ask before beginning their practice. It is not something taught in law schools. Fortunately, Baltimore County Bar Association members Eric Steiner, Bill Alcarese and Sandy Steeves stepped up and helped answer that question with the "Lawyer's Toolbox" presentation jointly sponsored by the Solo & Small Firm and In addition to the pre-planning cost analysis, new Technology Committees. attorneys also need to setup an accounting system. They discussed the very basics such as budgeting for This could be QuickBooks, an accountant, a cloud a practice, considering business entities, and setting service, or even just a spreadsheet. The important up bank accounts. They also went into detail about thing is to set it up and create good habits of keeping track of the finances. Always reconcile your accounts. what technological resources are available to make a Credit card transactions can disrupt account levels. solo/small firm practitioner's life easier. However, new attorneys should setup credit card (and All of the panelists emphasized performing a cost maybe even Venmo) payment systems. To be paid analysis prior to starting a practice. Costs and fees promptly, accept payment methods your clientele sneak in and add up. Getting started, however, may be prefer. easier than you think. Other recurring themes in the Every law firm will have at least two accounts: the presentation included: operating fund and the trust/escrow fund. There will 1. Be Nimble be one trust/escrow account. Tracking funds from multiple clients in the one account can be done 2. Pre-planning & Managing the Money, and through software. One very important tip: make sure 3. Use Technology To Make Your Life Easier the bank you use for these accounts deducts any fees Be Nimble that apply to the trust/escrow account from the Nimbleness is critical when starting out. All you operational account.
really need to start a law practice in this day and age is a computer and a telephone. Given current technology, these could even be the same device. Also, consult an accountant regarding how to set up your practice for tax purposes. Picking the proper business entity is important for liability protection. Starting out as a sole proprietorship may make the most financial sense for some practitioners.
There are requirements and considerations. Typically, you will need a Federal Tax ID. (Think social security number for a business.) You must decide if you can afford to purchase malpractice insurance and what risks you will face if you choose not be insured. It was suggested that One Million Dollars of malpractice insurance should suffice for most new attorneys. Coverage should cost about $1,200/year. While helpful, you don't need a staff. There are Stay on a steady billing cycle and use software like virtual concierge services. But if you do hire staff, TimeSlips. Billing is time consuming, but it must be make sure you understand if they will be employees done. or contract workers. If you hire employees, will you Finally, will you need or want a small business loan offer benefits? to get started? Be prepared to explain to the bank how you realistically plan to repay the loan. Pre-planning & Managing the Money THE ADVOCATE
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May 2021
THE LAWYER’S TOOLBOX By Scott Stevens
Use Technology to Make Your Life Easier
save the day. There are many choices including Dropbox, Box, Sync, OneDrive, Google Drive, etc. There are different costs and tradeoffs amongst the storage providers such as encryption level. However, all three offer limited free space. Due diligence when putting important secured files on a cloud server.
Perhaps the most anticipated part of the presentation was learning about specific technology tools that can enhance a practice. Aside from the aforementioned QuickBooks (or similar accounting system), there is:
Clio -- case management system
Zapier -- creates zaps (like macros) to handle repetitive steps
Video conferencing software -- whatever works for the client, but get familiar with Zoom for court hearings.
Websites -- These are easy enough to create on your own, but outsourcing the work to a company like Zest will provide a more polished, professional look.
Basic office software that includes word processing, spreadsheet, and e-mail components. Microsoft Office offers subscriptions for small businesses. However, you may prefer Google Docs if you plan to write collaboratively.
Scanner -- MDEC. Enough said.
Scheduling software -- Calendly (free or about $15/month for features) is currently popular.
Cloud Storage -- You will eventually want or need to access a file remotely. Cloud storage will
THE ADVOCATE
Social media -- You can write your own tweets, Instagrams, and blog posts, or you can hire someone to do it for you. There are plenty of young adults willing to write on social media for a modest fee. Social media/website should be part of your marketing plan from the start.
Research material -- MSBA members receive free access to FastCase. Google Scholar provides easy access to court cases. For deeper research or more specific topical research, the Baltimore County Law Library offers free access to WestLaw, Lexis Advance, and other resources solo and small firms might need. There is much to overwhelm the new attorney hanging out a shingle. However, after viewing the Lawyer's Toolbox, new attorneys should feel much more comfortable striking out on their own. A recording of the entire program is available on the BCBA YouTube Channel.
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May 2021
PROFESSIONALISM COMMITTEE TACKLES WELLNESS By Ari Kodeck
Wellness should be an important part of our lives. It helps us maintain our lawyer professionalism. Given the pandemic and all of its wellness implications, the Professionalism Committee made wellness one of its priorities this year, in addition to its focus on implicit bias issues. “May-uary” weather would not stop the Professionalism Committee’s Wellness series, although it definitely played havoc. The series began in March with our program on Ergonomics. April Luby graciously hosted an online lesson on how to improve posture while we do our work and when using our large and small screen devices, enlisting our very own David Luby as the living model. Amazing how the pandemic destroyed our postures in a matter of months!
On April 21st, we offered our third program in the series: A walk-about Towson. The goal was to be active. Get out for 30 minutes and walk, run, or crawl around the Towson area. While the weather forecast was questionable, we enjoyed a fabulous, sunny, spring day with trees and spring flowers in full, colorful, bloom. We managed to finish the walkabout before the skies opened.
For our second offering, we partnered with the Family Law Committee to engage in a Yoga Nidra. Led by Brooke McCrystle Mulholland, she guided folks through an hour conscious deep sleep which amazingly, refreshed this writer for the rest of the day! If you missed this program and find that you need a mental break, this program is available for your viewing pleasure, any time of day, on the Baltimore County Bar Association YouTube channel. Please take advantage of this opportunity.
As always, the Committee thanks Rachel, Amber and Jacob for the hard work they do to make these events run smoothly and efficiently. As the outgoing chair, I thank the members of this amazing organization for being able to serve!
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Unfortunately, the cooler than normal spring weather held down enrollment in our fourth program, so it has been postponed. We partnered with the YMCA to hold an outdoor spinning class. There is always next year! Pandemic be damned, we managed to offer our members an engaging series to break the monotony of another day that ends in “Y”.
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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. BALTIMORE COUNTY BAR ASSOCIATION HISTORICAL COMMITTEE Do you have old photos of past Baltimore County Bar Association events and programs? We would love to have them! Please email Rachel Ruocco at rruocco@bcba.org to coordinate. Do you have a favorite memory of the Baltimore County Bar Association you would like to share? Or maybe a funny story? Email those too. The BCBA Historical Committee is hard at work on a yearbook to commemorate the 100th Anniversary of the Baltimore County Bar Association and your photos and stories will make great additions. THE ADVOCATE
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May 2021
HOW YOU CAN INCORPORATE THE CONFLICT RESOLUTION CENTER OF BALTIMORE COUNTY’S SERVICES INTO YOUR PRACTICE The Conflict Resolution Center of Baltimore County (CRCBC) is a non-profit that supports the resolution of interpersonal and community conflict through Community Mediation, Community Conferencing, Conflict Coaching, Facilitation and Dialogue services, Individualized Education Plan facilitation, and training/education. Their services are free and available to all persons and organizations in Baltimore County, at convenient times; and, currently offered virtually.
Their Conflict Coaching service provides the one-onone support of a neutral party to help an individual think through the context of their conflict and how they want to move through it productively. Referrals suitable for conflict coaching range from personal conflicts to workplace issues, to client/provider issues.
Their trainings on how to be comfortable with conflict; emotions at work; conflict management; how to emotionally prepare your client for mediation; and, Community Mediation and Community Conferencing client autonomy and mediation, among others, have work by providing a space and structure for people in enabled participants to reap the benefits of practicing conflict to have a productive conversation with each conflict resolution skills in their daily lives. other. Their staff serve as impartial facilitators of confidential, problem-solving processes that help Finally, they have a limited number of volunteer participants communicate clearly and develop mediator opportunities (required to be trained in agreeable solutions for everyone involved. Cases are mediation by CRCBC) for attorneys that may fulfill typically handled on a two-week turnaround the court’s emphasis on all lawyers providing pro (assuming client availability). All communications bono services to their community. Donating to with their staff and volunteers, as well as the case CRCBC, as a nonprofit the supports the improvement sessions themselves, are confidential, neutral, and of the administration of justice, may also fulfill Rule voluntary. This applies to the entire process, from the 19-306.1’s pro bono requirements. first call to the center, through the end of a case. CRCBC has successfully served Baltimore County Recent examples of Community Mediation cases for the past twelve years; up to 95% of their handled include co-parents successfully developing co- cases reach an agreement. They are proud to help the parenting plans; adult children gaining access to visit community de-escalate and resolve conflicts at their and urge you contact them: with their elderly parent previously barred by other source family members; home contractors settling disputes mediation@crcbaltimorecounty.org; 443-297with clients; and, landlords and tenants settling past conferencing@crcbaltimorecounty.org; 7897; crcbaltimorecounty.org. due rent and security deposit issues, among others. Recent examples of Community Conferencing cases include teen theft of a package on a front stoop. The conference resulted in restitution for the package owner and agreement to drop the charges against the youth. In another case, neighbors were referred after seeking a Peace Order against each other due to continued harassment and verbal threats made by one couple’s children. The conference allowed each person to say how they had been affected by the other person’s actions. The participants reached a successful agreement, which included deeming a Peace Order unnecessary.
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May 2021
BCBA WELCOMES OUR FIRST SUMMER SCHOLARS One of the goals of the Baltimore County Bar Association’s Diversity & Inclusion Committee (“D&I Committee”) is to ensure that law firms in Baltimore County have the most diverse and qualified applicant pools when they are considering their hiring needs. To achieve this goal, the D&I Committee created the Summer Scholars Program, which is designed to place diverse applicants in summer internships with law firms in Baltimore County.
Carey School of Law) – Levin & Gann, P.A.
After reviewing over 50 applicants from law schools throughout Maryland and the District of Columbia, as well as an extensive interviewing process, five candidates were placed with the participating law firms. The law student and matching law firms are as follows:
In addition to performing legal work on behalf of the respective law firms, the program includes a mentoring component, networking opportunities, and an orientation to prepare each candidate for a successful summer associate experience. The Baltimore County Bar Association wants to welcome the inaugural Summer Scholars Class to our legal community and to thank the participating law firms for being a part of the program.
Ifenanya Agwu (Howard University School of Law) – Bowie & Jensen, LLC Briah Gray (University of Maryland Francis King THE ADVOCATE
Joslyn L. Joy (University of Maryland Francis King Carey School of Law) – Whiteford, Taylor & Preston Darnisha Mitchell (University of Baltimore School of Law) – Turnbull, Nicholson, & Sanders, P.A. Leah Rowell (University of Baltimore School of Law) – Mintzer Sarowitz Zeris Ledva & Meyers L.L.P.
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May 2021
CRIMINAL LAW UPDATE By Susan Zellweger
You might need more than just the Odor of criminal activity? Marijuana… The Court in D.D. explained that there are two types of seizures: an arrest and an investigatory stop. The Fourth Amendment to the United States Under State of Maryland v. Pringle, 540 U.S. 366 Constitution guarantees “the right of the people to be (2003), the police may conduct a warrantless arrest if secure in their persons, houses, papers and effects, the officer(s) have reason to believe that a felony has against unreasonable searches and seizures,” and been committed or a felony or misdemeanor has provides that “no warrant shall issue, but upon been committed in their presence. Terry v. Ohio, 392 probable cause, supported by oath or affirmation, and U.S. 1 (1968) allows an officer to conduct an particularly describing the place to be searched, and investigatory stop when the officer has “reasonable the persons or things to be seized.” United States suspicion, supported by articulable facts, that activity may be afoot.” Constitution, amend IV. criminal The Maryland Declaration of Rights, Article 26 states In D.D., police responded to an apartment complex in that “all warrants, without oath or affirmation, to Prince George’s County, after receiving a call search suspected places, or to seize any person or about some individuals smoking CDS and playing property, are grievous and oppressive.” A warrantless loud music in an apartment complex. When the police search is presumptively unreasonable. “Whether a arrived at the location in question, they describe particular warrantless action on the part of the police seeing five males dressed in baggy clothes, walking is reasonable under the Fourth Amendment depends up the steps from the basement level of the apartment on a balance between the public interest and the building, and smelling a heavy odor of marijuana as individual’s right to personal security free from the males walked past. The males were evasive about arbitrary interference by law officers.” Pennsylvania who lived in the building when asked, and were v. Mimms, 434 U.S. 106 (1977). ordered to sit on the building steps. When D.D. was the officer recovered a gun. In 2014, the Maryland General Assembly frisked, decriminalized the possession of less than ten grams. The Court determined that the “odor of marijuana It is now a civil offense under Maryland Criminal alone does not indicate the quantity, if any, of Law section 5-601©(2) to possess less than ten grams marijuana in someone’s possession.” Therefore, odor of marijuana. . of marijuana alone cannot provide police with the ___________________________________________ required reasonable suspicion to stop a suspect. In D.D., the Court referenced Lewis v. State of Maryland (470 Md. 1 (2020). In this case, after Many thanks to Nancy Forster for presenting The receiving a tip that Mr. Lewis was armed with a Latest Fourth Amendment Cases to the Baltimore handgun, the police tracked him down in a store County Bar Association on Thursday, May 20, 2021. located in “high During her class, Ms. Forster discussed three cases crime area” in Baltimore City. An officer testified that address the odor of marijuana and whether it that he stopped Mr. Lewis in the store, based on “the alone gives police probable cause to search a car odor of marijuana and the information [he] received (Robinson), probable cause to arrest a suspect to further investigate.” Mr. Lewis was arrested and (Lewis), and reasonable articulable suspicion to stop a searched incident thereto. A gun and a small amount suspect (In Re: D.D.). of marijuana were recovered. The relevant In In Re D.D., 2021 WL 1651304 (CSA, April 28, exception to the warrant requirement at play in Lewis 2021), the Court of Special Appeals of Maryland is the search incident to arrest exception. (Chimel addressed the question… does the odor of marijuana, v. California, 395 U.S. 752 (1969).) by itself, provide police reasonable suspicion of The Court of Appeals held in Lewis that the police THE ADVOCATE
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May 2021
CRIMINAL LAW UPDATE By Susan Zellweger
did not have probable cause to arrest a suspect and what had been seized should have been suppressed. The smell of marijuana alone is not sufficient to establish probable cause to arrest and search a person incident to arrest. The officers in Mr. Lewis’ case had no idea of the quantity of marijuana, if any at all, that Mr. Lewis may have possessed. As such, they did not have probable cause to believe that Mr. Lewis had committed a felony or was committing a felony or misdemeanor in their presence. To justify an arrest and subsequent search of a suspect, the police would have to have probable cause to believe that that person is in possession of a criminal amount of marijuana. In Pacheco v. State (465 MD. 311 (2019), the Court discussed search incident to arrest and automobile exceptions. Probable cause is a necessary prerequisite for both. In this case, officers noticed a “suspicious vehicle,” occupied by Mr. Pacheco parked behind a laundromat. Upon closer approach, they smelled the odor of marijuana and saw a marijuana cigarette in the vehicle. When it was recovered, the officer testified, it was immediately apparent to him that the cigarette weighed less than ten grams. Nonetheless, the officers ordered Mr. Pacheco out of the car, searched him and recovered cocaine from his person. Mr. Pacheco was given a civil citation for marijuana, and charged with Possession with Intent to Distribute the cocaine seized. The Court of Appeals found the search of Mr. Pacheco’s person to be unreasonable because the police could not have known that Mr. Pacheco possessed a criminal amount of marijuana when all they had initially was one cigarette. There was no proof of his having committed a felony, or presently committing either a felony or misdemeanor, so no probable cause to arrest existed. However, the search of Mr. Pacheco’s car was determined to be valid under the automobile exception. The automobile exception, in Carroll v. United States, 267 U.S. 132 (1925), requires “probable cause to believe the vehicle contains contraband or evidence THE ADVOCATE
of a crime.” (Carroll at 321.) The justification behind the automobile exception lies in the mobility of the vehicle, and a person’s reduced expectation of privacy therein. In Robinson v. State of Maryland, 451 Md. 94 (2017), the Court said that the smell of marijuana emanating from a stopped vehicle, against which Mr. Robinson was leaning, gave the police probable cause to search the car. This is because marijuana in any quantity was and is still considered contraband under Maryland law. (Bowling v. State, 227 Md.App. 460 (2016). The Court in Robinson noted that “[d] ecriminalization is not the same as legalization.” The odor of marijuana gave police probable cause to search the vehicle in both Pacheco and Robinson. “Possession of ten grams or more of marijuana, crimes involving the distribution of marijuana, and driving under the influence of a controlled dangerous substance have not been decriminalized in Maryland, and thus, the odor of marijuana emanating from a vehicle provides probable cause to believe that the vehicle contains evidence of a crime, and a law enforcement officer may search the vehicle under such circumstance.” (Robinson at 325-26).
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May 2021
CIVIL LAW UPDATE By Ceecee Paizs
Review of the Amicus Curiarum for April and May verdict on the issue of economic damages for 2021 revealed the following civil cases of interest: household services a legally cognizable expectation of continued receipt of such services must be THE COURT OF APPEALS: presented. An adult child’s intent to continue to Lolita D. Fowlkes v. Shabbir Ahmed Choudhry, No. provide such services amy be proven by evidence of a 6, September Term 2020, filed March 26, 2021. written or verbal promise to provide such services or Opinion by Battaglia, Lynne, Judge by evidence of actions taken by the decedent from In March 2013, Ms. Fowlkes’ daughter, Yenita, died which their intent may be inferred. Ms. Fowlkes from complications related to an infection after failed to present sufficient evidence that her daughter receiving treatment from various medical providers, intended to continue providing household services in including Dr. Shabbir Choudhry. At trial, Ms. the future. Fowlkes sought both economic and non-economic damages. The only evidence presented at trial regarding the economic damages was testimony from THE COURT OF SPECIAL APPEALS: Ms. Fowlkes regarding the household tasks that her Roberto Facey, sr. v. Esther Facey, No. 1183, daughter performed for her. At the of close of her September Term, 2019, filed February 26, 2021. case and at the close of evidence, Dr. Choudhry, the Opinion by Leahy, Andrea, Judge only medical provider held liable, moved for At the time of the couple’s divorce in 2006 after a judgment on the issues of the economic damages nearly forty-year marriage, Roberto executed a claim. The trial court denied both motions and the “Promissory and Confessed Judgment Note” in favor jury awarded $500,000 in economic and $500,000 in of Esther. In 2008 and 2009, before any payments non-economic damages. Dr. Choudhry appealed and were made, Esther suffered a series of debilitating in Choudhry v. Fowlkes, 243 Md. App. 75 (2019), the strokes. As a result, in 2011, the couple’s daughter, Court of Special Appeals agreed with Dr. Choudhry, Soralla, used a 2008 Power of Attorney to file a holding that while a parent may recover economic “Complaint for Confession of Judgment” and granted damages for the loss of household services in a the confessed judgment for $75,000. The court wrongful death claim for an adult child, Ms. Fowlkes denied Roberto’s motion to vacate that judgment had not produced sufficient evidence to have the based on allegations of duress, undue influence, claim submitted to a jury. misrepresentation, and the statute of limitations. The Court of Appeals affirmed, noting that in its decision in Choudhry, the Court of Special Appeals articulated a three-part “test” to evaluate claims for economic damages arising from the loss of household services performed for a parent by an adult child prior to her death: A beneficiary must present evidence that (1) the household services performed had a market value; (2) the decedent had been regularly providing the services in the past; and (3) the duration during which the decedent, had she lived, would have continued to provide the services. The COSA held that Ms. Fowlkes had failed to satisfy the third element of the test and the Court of Appeals agreed. The Court held that in order to survive a directed THE ADVOCATE
Over seven years later, in October 2018, Roberto challenged the 2011 judgment claiming that the Power of attorney relied upon by Soralla was fraudulent. The trial court held that while sufficient evidence was adduced at an evidentiary hearing to establish that the Power of Attorney was both fraudulently procured and a forgery, the forgery did not constitute extrinsic fraud triggering the court’s revisory power under Maryland Rule 2-535(b). The Court of Special Appeals affirmed, reaching two holdings: First, that the circuit court did not err in determination that the fraud in this case was intrinsic and not extrinsic for three reasons: 1) it did not
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prevent an adversarial trial; 2) it pertained to facts contained within the original motions hearing; and 30 it did not impact the jurisdiction of the court. Second, the Court held that there was no jurisdictional mistake in this case. The circuit court had personal jurisdiction over Roberto, who was properly served with the process and subject matter jurisdiction over the entry of the Confession of Judgment.
interests of the children. Finally, the Court considered Father’s claim that the trial court abused its discretion in refusing to allow the parties’ former neighbor to testify telephonically. Citing Maryland Rule 2-803, the Court held that the neighbor was not an essential participant to the proceedings because the testimony would have been cumulative of other testimony and that the demeanor and credibility of the J.A.B. v. J.E.D.B., Case No. 519, September Term neighbor would not be ascertainable telephonically. 202, filed April 27, 2021. Opinion by Berger, Gregory Haines v. Gretchen Vogel, No. 1789, filed J.A.B. (Father) filed a divorce claim against J.E.D.B. April 7, 2021. Opinion by Wells, (Mother). The parties have two children. There were allegations of abuse by each party against the other during the marriage. The trial court expressly found that Father was abusive to Mother throughout the course of their marriage and that any abuse by Mother was reactive to Father’s abuse and coercive control over her. Citing the parties’ inability to communicate effectively and Mother’s genuine fear of Father, the trial court awarded sole legal custody to Mother. After consideration of the factors in Taylor and Sanders, the trial court also considered the impact of Family Law §9-101.1(c) due to the abuse of Mother by Father. The court awarded Mother primary physical custody of the children with Father having unsupervised visitation with the children every other weekend and during the week. The Court of Special Appeals affirmed, holding that the trial court did not improperly prioritize the protection of Mother over the best interests of the children. The Court explained that Family Law §9101.1(c) requires that if a court finds that a party has committed violence against the other parent of the party’s child, the court must make arrangements for custody and visitation which best protect both the minor children and the victim of the abuse. Further, the Court noted that the trial court considered Family Law §9-101.1(c) as the last factor in the Memorandum Opinion and that the provision contains the word “shall,” which means compliance with the statute is mandatory. Further, the Court did not find a reason to disturb the trial court’s findings of the best THE ADVOCATE
Mr. Haines (Father) sued Gretchen Vogel (Mother), his former spouse, claiming that her behavior towards him amounted to intentional interference with his visitation and sued her for money damages. He also claimed that Mother’s conduct intentionally inflicted emotional distress upon him. His claim was dismissed, with the trial court concluding that his complaint lacked a required element of a claim for intentional interference with parental relations, that being an allegation of physical removal of the children. Further, the court concluded that Mother’s conduct did not amount to an allegation of intentional infliction of emotional distress. The Court of Special Appeals affirmed, reviewing three cases cited by Mother: (Lapides v. Trabbic, 134 Md. App 51 (2000), Hixon v. Buchberger, 306 Md. 72 (1986), Khalifa v. Shannon, 404 Ms. 107 (2008)) looking at the history of intentional interference with parental relationship cases in Maryland and other jurisdictions. The Court concluded that the tort requires the torts of abduction and harboring of a child from one parent by another. To properly allege the tort of intentional interference with parental relationship a parent’s conduct must be (1) intentional, (2) outrageous, and (3) involve the physical removal and harboring of the child from the parent. The Court found that Father had not alleged sufficient facts to show that Mother’s conduct was “outrageous,” nor, more importantly, that she physically removed the children. Other remedies, such as a contempt proceeding or a motion to modify
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custody and/or visitation were available to Father and were more appropriate. Turning to the allegation of intentional infliction of emotional distress, the court held that such allegations must meet four requirements; (1) the conduct at issues was intentional or reckless; (2) the conduct was extreme and outrageous; (3) there was a causal connection between the extreme and outrageous conduct and the resultant distress; and (4) the emotion distress was severe. Batson v. Shiflett, 325 Md. 684, 734 (1992). Father failed to allege that Mother’s conduct was outrageous or that he was so debilitated by that conduct as to be unable “to tend to necessary matters.” Andrew Wasyluszko v. Lisa Wasyluszko, No. 2220, September Term 2019, filed April 28, 2021. Opinion by Beachley, Donald, Judge At the time of the parties’ marriage in August 1998, Husband owned several retirement and non-retirement accounts. For purposes of its monetary award analysis, the trial court determined that four accounts were marital, a Fidelity 403(b). Janus Henderson, DWS Equity Fund and Fidelity IRA and would be
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considered as marital for equitable distribution. The Court of Special Appeals vacated the monetary award and attorneys’ fees. The Court held that the trial court erred in treating three out of the four accounts as exclusively marital property. Sufficient evidence was presented concerning all but the Fidelity IRA account to show that at least some of the funds were non-marital. The evidence established that both the Fidelity 403(b) and the Janus Henderson accounts, although they fluctuated during the marriage, never went below the balance in these accounts at the time of the marriage. Likewise, the DWS Equity fund balance at the time of the marriage was established, and the parties stipulated to the fact that Husband made five $200 contributions to that account during the marriage. The premarital interests in each account survived and should have been treated as non-marital property. As to Husband’s claim that the trial court failed to explain its calculations of the monetary award, the Court held that a trial court is not required to explain how its consideration of the factors in Family Law §8-205(b) resulted in its monetary award.
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