Advocate March 2019

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVIII, NO. 9

March 2019

PRESIDENT’S MESSAGE

by Rebecca A. Fleming “When you’re finished changing, you’re finished.”

Benjamin Franklin “Change is the law of life. And those who look only to the past or the present are certain to miss the future.”

John F. Kennedy “I hate change.”

Rebecca A. Fleming, Esq. It is true. I hate change. Anyone who has observed my cell phone over the years knows that I was the last person to have a smart phone, the last person to have a phone without a keyboard, and the last person to put a case around my phone. In December my husband bought me an iPhone for Christmas. It was really a present for himself because he could no longer stand seeing the old phone that I was using.

He was particularly offended by the awful camera on my phone and the

distorted pictures that it took. I was amazed to find out that the rest of the world can tell when you are sending texts from an iPhone.

For weeks, no matter what text I sent, the response was an immediate “You got an iPhone?????” The first time I saw that response, I called Niki Rush into my office, showed her my phone and asked her how that person knew I had a new iPhone.

I was definitely freaked out by that.

The past year has been interesting for me – a person who hates change - to look at the BCBA with a critical eye toward progress.

Progress requires change.

Intuitively, we are all aware of that fact. However, we tend to become comfortable in the known and accustomed to routine.

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Inside This Edition Bench/Bar Update Calendar of Events Black Tie Banquet Committee News County Council Update Court Notices Criminal Law Update District Ct Assignments In Chambers With Judge Battista Investiture Member Ads Member News Portrait Committee Professionalism Save the Date flyer

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Health Quest THE ADVOCATE

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PRESIDENT’S MESSAGE

by Rebecca A. Fleming So when I decided to move the location of the Prom, and to shorten the program by eliminating a keynote speaker, I was certainly stepping outside of my comfort zone. My hope was that people would have more time to connect with each other, and that Martin’s Valley Mansion would offer a more spacious setting for both the cocktail hour and the dinner. Having the space to move about more freely would create more opportunity to interact. Having spent the last two years stuck in one spot limited my ability to see more people than those who were stuck in the same place.

The feedback I have received about the Prom has been overwhelmingly positive. I think most of those in attendance enjoyed the extra time to socialize with their table mates, and many members extended their time together by reconvening at Pappas after the Prom was over. Change can be good!

Another big change that is coming for many of us is MDEC. The MDEC Advisory Committee, chaired

by District Court of Maryland Chief Judge John P. Morrissey, has listed the following as its goals: (1) improved public safety, (2) improved access to justice, (3) fair and efficient administration of justice, and (4) use of reliable technological solutions.

filing in Baltimore County.

While there are sure to be kinks that will need to be ironed out, it will be nice to have access to orders as soon as they are filed. I have always disliked having a client call me to tell me that he or she sees online that an order has been filed and asking me what it says. Of course, I would have to tell them that I can only see the same information that they see and that we both have to wait for the order to get to me in the mail. Inevitably, that client would then call me every single day until the order arrived. And then there would be the days when my client would find out what the order said from the opposing party because opposing counsel received their copy of the order, while I was still waiting for my mail to arrive…

That will not happen anymore!

I encourage everyone to approach electronic filing with an open mind, and to be patient with the clerks as we all adjust to this new way of practicing law.

Based on my experience with our neighboring efiling jurisdictions, soon this will be our new normal and we will soon be telling new lawyers about when we had to wait for the MAIL to receive information from the court.

For those of us who have not already e-filed in neighboring jurisdictions, electronic filing may be a very uncomfortable change.

The Bench/Bar meetings have been dominated by MDEC updates from Judge Cox, Judge Wilson, Julie Ensor and Maria Fields. Judges Cox and Wilson have overseen a herculean task in getting the courts ready for MDEC. The Clerks Offices of both courts have gone above and beyond to make sure that their offices were prepared, including working on weekends and even on President’s Day. I want to take this opportunity to thank all of them, and everyone who has been working behind the scenes to ensure that both the Circuit and District courts were ready to accept the MDEC challenge on Tuesday, February 19, 2019, the official start to electronic THE ADVOCATE

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Rebecca A. Fleming, Esquire BCBA President, 2018-2019

March 2019

C ALENDAR

2018-19 Officers President Pres-Elect Secretary Treasurer

Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann, Jr.

Adam T. Sampson, Immediate Past President Craig R. Borchers, Young Lawyers Chair

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Ari J. Kodeck Committee Chair

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Adam E. Konstas Committee Vice -Chair

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Contributing Writers

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Michael Barranco Carl Gold Bennett Ostroff Ceecee Paisz Adam Phillips Jennifer Ritter Blake Wheeler Matt Wyman

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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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Law Day Committee Meeting, 5pm, Grand Jury Rm. Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Criminal Law, 5pm, Grand Jury Room, Cross Examination Portrait Unveiling for Judge John Turnbull, 3:30pm, Courtroom TBD SLLZ, 5pm, CVP, 19 W. Pennsylvania Ave, Towson, Meet the County Council Lawyer in the Lobby Clinic, 4:30 —6:30pm Bench/Bar Meeting, 8am, 4th Floor Conference Room Family Law, 6pm, Sexual Abuse Allegations, Woodholme Country Club Professionalism/Young Lawyers, 5pm, CVP, 19 W. Pennsylvania Ave, Towson, Sexual Harassment Young Lawyers Bull & Oyster Roast & Silent Auction, 2-6pm, Towson American Legion

April 2019 2.

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.

E VENTS

March 2019

Executive Council John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki

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Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Family Law Committee, 12pm, Parenting Coordination, Grand Jury Room ADR Committee, 5pm, Mediator Mindfulness, Grand Jury Room Lawyer in the Lobby Clinic, 4:30 —6:30pm Bench/Bar Meeting, 8am, 4th Floor Conference Room Family Law Committee, 6pm, Multi -jurisdictional Dinner, Woodholme Country Club CLE Committee, Accounting & Bookkeeping for Lawyers, 5pm, Grand Jury Room Bar Wars Trivia Night, 6:30 -8:30pm, C&R Pub, 1 W. Pennsylvania Ave, Towson Young Lawyers Committee, Business Development & Growing Your Practice, 5:30pm, 809 Gleneagles Ct, Suite 111, Towson Page 3

March 2019

COURT NOTICES

NOTICE TO FAMILY LAW BAR

NOTICE FROM JUDGE COX Counsel are reminded that Maryland Rule 1-311 requires that you include your e-mail address, along with a facsimile number, if you have one, on any pleading or other paper filed with the Court. Email addresses are particularly helpful when there is a need to contact counsel on short notice.

Please remember to include this information in your signature block.

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Effective immediately, the Office of Family Mediation (OFM) will no longer send memos to counsel advising of the result of their clients’ mediations.

OFM will continue to e-mail the Agreement/Parenting Plan to all counsel and parties in cases where the parties successfully reach an agreement.

Please note – in the interest of maintaining mediator neutrality, all parties and counsel will be cc’d on emails going out of the Office of Family Mediation.

This includes responses to e-mail communications made by individual parties or their counsel to OFM staff. If counsel wants the mediator to have information, the client should be prepared to participate productively in mediation and share relevant information in that setting.

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MDEC UPDATE By the time this Advocate issue is published, MDEC will be up and running in the district Court and the Circuit Court in Baltimore County.

We both wish to extend our gratitude to the Courthouse and Clerks’ Offices staffs for the incredible effort that has gone into planning for this conversion. Baltimore County is the largest jurisdiction to convert to the MDEC system. The complexity of our docket management, and the sheer volume of data to be converted and files to be scanned, were daunting. Managers have trained and planned for months. Staff have been working extended hours and weekends to try to keep up with their normal caseload while gearing up for this conversion. Somehow all have managed to embrace this change and remain excited about the new system.

We know that there will still be many challenges as we adjust to new business processes. We welcome your comments and suggestions. And we ask for your patience with our growing pains over the next few months.

Thanks to all who have helped through our planning and implementation process.

Honorable Dorothy J. Wilson Administrative Judge District Court for Baltimore County Honorable Kathleen G. Cox Administrative Judge Circuit Court for Baltimore County

MDEC FAQ’s 

FAQ’s and important information regarding e-filing can be found on the Judiciary’s website: http:// www.mdcourts.gov/mdec/efiling.html

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MDEC Policies and Procedures: http://mdcourts.gov/mdec/pdfs/manualh5.pdf

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Register and e-file (File and Serve): https://maryland.tylerhost.net/

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Register and view cases MDODYSSEYPORTAL

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Our vendor (Tyler Technologies) technical support line: 800-297-5377 (Monday through Friday, 8 am – 10 pm)

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Maryland Judiciary Service Desk: mdcourts@service-now.com

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remotely

(Secure

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Portal):

https://mdecportal.courts.state.md.us/

March 2019

BENCH/BAR UPDATE

By Carl R. Gold The Bench Bar Committee had its first meeting of the year on a blustery January 10. Judge Cox reported that the Circuit Court is intensely focusing on MDEC, and that scanning has started. There will be separate Town Hall meetings for civil/family and criminal practitioners. She asked all counsel to be patient as the Clerk’s office and the Court transition to MDEC. She also shared the happy news that Andrew Battista’s investiture will be on January 28.

The Honorable Dorothy Wilson reported that the District Court is similarly “all in” on MDEC. Clerks have been working overtime shifts to get the appropriate training, and judges have been receiving training so that they can access MDEC documents remotely. Judge Wilson advised that dockets may be smaller for a time to adjust to MDEC. The MDEC “Go Live” date for the District Court is February 19, 2019. The only exception will be landlord-tenant cases which are set to be enrolled in MDEC as of August of 2019.

Tim Sheridan, Circuit Court Administrator, reported that four portraits will be hung soon. Additional donations are always welcome.

District Court Administrator Maria Fields was attending a program on Drug and Mental Health Courts. Had she been there she would have told us that the rest of her efforts were focused on the implementation of MDEC. Clerk of the Circuit Court Julie Ensor reported that there is now a separate Child Support Group in the Clerk’s Office, separate from the Family Law Department.

She still has vacancies she is aggressively trying to fill. As of our meeting date, the Clerk’s Office was current on civil cases and three days behind on family cases.

Ms. Ensor also indicated that if you still need a Gold Seal Copy of a Divorce Decree once MDEC is implemented, you will need to pay for that separately.

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Bar Association President Rebecca Fleming is focusing all of her efforts on the upcoming prom.

There will not be a speaker this year, and the location has changed to Martin’s Valley Mansion, 594 Cranbrook Road.

Ms. Fleming was also thrilled to announce that the Honorable Vicki Ballou-Watts is the recipient of this year’s J. Earle Plumhoff Professionalism Award.

Greg Gaskins, on behalf of the Baltimore County Office of Law, announced new Baltimore County Executive Johnny Olszewski’s appointments as follows: Chief of Staff: Patrick Murray County Administrative Officer: Vacant Deputy County Administrative Officer: Andrew G. Vetter Director of Government Reform and Strategic Initiatives: Elisabeth Sachs Chief Legislative Officer: Charles R. Connor, III Deputy Legislative Officer: Kimberly S. Routson Senior Advisor: Samantha O’Neil Director of Communications: Dori Henry Press Secretary: T.J. Smith Director, Department of Aging: Laura Riley (Confirmed by the County Council) Director, Office of Budget and Finance: Keith A. Dorsey (Confirmed by the County Council) Director, Department of Corrections: Gail M. Watts (Confirmed by the County Council) County Attorney: Michael E. Field (Confirmed by the County Council) Director, Department of Economic and Workforce Development: William Anderson (Confirmed by the County Council)

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March 2019

BENCH/BAR UPDATE

By Carl R. Gold Acting Director, Department of Environmental Protection and Sustainability: David V. Lykens (Confirmed by the County Council) Acting Chief, Fire Department: Jennifer Aubert-Utz Director, Department of Health and Human Services, Department of Social Services and Health Officer: Gregory Wm. Branch, M.D. (Confirmed by the County Council) Director, Office of Human Resources: Rhoda Benjamin Director, Office of Information Technology: Robert W. O'Connor (Confirmed by the County Council) Acting Director, Department of Permits, Approvals and Inspections: Mike Mohler Acting Director, Department of Planning: Jeff Mayhew Chief, Police Department: Terrence B. Sheridan (Confirmed by the County Council) Director, Department of Public Works: Steven A. Walsh, PE (Confirmed by the County Council) Director, Department of Recreation and Parks: Barry F. Williams (Confirmed by the County Council) The issue of MDEC’s inability to efficiently handle cases involving multiple charges or multiple citations was raised yet again.

The software providers are apparently working on this issue, but there is no solution yet.

prolonged parenting conflict. Learn about the requirements to become a Parent Coordinator, what is needed in an Order for Parenting Coordination, mental health issues and Parent Coordination and what a Parent Coordinator can and can't do.

2/19/19—6pm Dinner meeting at Liberatores.

“Family Law—From Procedure to Payment” To register: https://members.bcba.org/register/? eventno=1424 Program overview: This program will provide an overview of a collection case in both District Court and Circuit Court, including for an Affidavit of Judgement. Additionally, we will discuss post judgement practice and procedure.

Chairman Allentoff shared the report of the Young Lawyer’s Committee. The Bull Roast will be March 31 from 2:00 to 6:00 p.m. at the American Legion.

The Young Lawyers are hosting a program on Growing Your Practice on Wednesday, February 20, 2019 at 5:30 pm, at 809 Gleneagle Court, Suite 111, Towson, MD 21286. Keith Daw, the Vice-President of Business Development and Training for Sandler Training, will be presenting how to successfully incorporate soft-skills, both in and out of your office, to help advance your career and grow your practice.

Finally, there will be an MDEC Registration Fair on January 28, 2019 from 9 to 3 at the courthouse. One on one training will be available.

Laurie Wassermann reported that there are two family law programs set for February: 2/12/19—12pm Brown Bag program in the Grand Jury Room on Parent Coordination—presented by Amy Mazer, Scott Holzman, Esther Fineglass and Erika Slater. To register: https://members.bcba.org/ register/?eventno=1422 Program overview: Parenting Coordination is a service that is available to help parents address THE ADVOCATE

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March 2019

CELL PHONE COURTROOM POLICY

By Jennifer W. Ritter Recently, while sitting at my son’s basketball game, I became aware of a person talking on their cell phone about 3 rows behind me. It wasn’t a quick, “Hey, let me step outside to take this very important call.” Rather, it was nonstop jabbering.

About the third time I turned around to give the “please go outside” look, I realized she was using Facetime so that the person on the other end could watch the game. It got me thinking about cell phone use in public and the mixed bag that it presents. On the positive side, the ability to Facetime the game allowed the missing parent/ sibling/grandparent to watch the game live. On the negative side, the constant chatter that accompanied the Facetime was incredibly distracting to those sitting nearby. I don’t know why but listening to someone talk over the phone is 1,000 times more distracting than if two people carry-on a conversation face-to-face.

In the legal profession, cell phones also come with both a positive and negative side. On the positive side, they allow legal research from the courtroom, communication with one’s office or colleagues, access to digital files, calendars, and something to do while waiting for your case to be called. On the negative side, they pose a security risk, can be disruptive to court proceedings if they make noise, and, again, no one wants to listen to you talk on the phone.

Which brings me to the point of this article — what is the official policy regarding cell phone use in the courtroom?

The answer depends on the jurisdiction. Maryland Rule 16-208 establishes the official State-wide rule regarding cell phone use. It provides in relevant part: “(i) Except with express permission of the presiding judge or otherwise permitted by this Rule, . . . , all electronic devices inside a courtroom shall remain off and no electronic device may be used to receive, transmit, THE ADVOCATE

or record sound, visual images, data or other information.” Md. Rule 16-208(E)(i)(2018). The Rule further provides: “(ii) Subject to subsection (b) (2)(F) of this Rule, the court shall liberally allow the attorneys in a proceeding currently being heard, their employees, and agent to make reasonable and lawful use of an electronic device in connection with the proceeding.” Md. Rule 16-208(E)(ii)(2018).

Local jurisdictions are permitted to modify the Rule and, of course, enforcement varies from jurisdiction to jurisdiction.

Here is a list of the applicable Circuit Court rules in a number of surrounding jurisdictions followed by a local attorney’s advice regarding the rule: Baltimore County: Follows Md. Rule 16-208.

Local’s view: You must get the presiding judge’s permission to use a cell phone in the courtroom.

Baltimore City: Follows Md. Rule 16-208. Local’s view: Everyone is on their phone but if it makes noise it will be taken until the end of the day.

Anne Arundel County: Follows Md. Rule 16-208.

Local’s view: You can use your cell phone in the courtroom. Just don’t let it make noise.

Frederick County: Posted Rule: “All electronic devices must be turned off and out of view.” Local’s view: Everyone is on their device but ask permission to use it when you are at the trial table.

Carroll County: Follows Md. Rule 16-208. Local’s view: You might see someone on their phone in the back of the courtroom but generally go in the hallway to use your phone. Ask permission to use it at the trial table.

Harford County: Follows Md. Rule 16-208 and requires the phone or device be off and remain out of sight or attached to a belt while in the Courtroom.

Local’s view: You must get the presiding judge’s permission to use a cell phone and they will happily

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take your phone if you violate the rule.

Howard County: Follows Md. Rule 16-208.

Local’s view: You must get the presiding judge’s permission to use a cell phone at trial table and it will be seized by the Sherriff if you are caught using it without permission in the courtroom.

Montgomery County: Follows Md. Rule 16-208.

Local’s view: It is judge specific, but for the most part attorneys may be on their phones/devices in the gallery and at the trial table without the need to ask permission.

and practitioners move toward paperless files, the use of cell phones and electronic devices in the courtroom will inevitably become more prevalent.

It is important for practitioners to remember to check the local rules, which are required to be posted, as well as to exercise common curtesy when using their devices. It also never hurts to ask the court’s permission before using your device. And most importantly, remember, even in the hallway, no one wants to listen to you talk on the phone.

Prince George’s County: Posted Rule: “Electronic devices must be turned off, inoperable, and not used in a courtroom. In some cases, they are not permitted in the courtroom even if turned off.”

Local’s view: It depends on the courtroom, but generally everyone is on their phone and you will get a dirty look if it makes noise.

As more jurisdictions come on-line with MDEC

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March 2019

IN CHAMBERS WITH...

By Michael Barranco time member of the Baltimore County Bar Association.

Judge Hanley stated that he enjoys the wide variety of experiences that come with the job, hearing civil, criminal, family law and juvenile cases, and presiding over both jury trials and non-jury trials. “It is always something different than the day before. You have an opportunity to see and hear people from all different walks of life.” He also enjoys interacting with jurors.

From his experience, he believes that jurors are dedicated and take their responsibilities and jury service duties very seriously. He particularly enjoys seeing the ultimate results of the jury deliberations when the verdict is rendered.

The Honorable Paul J. Hanley has served as Associate Judge in the Baltimore County Circuit Court since March 23, 2014. He was born in Baltimore, Maryland on March 15, 1956. After graduating from high school at Loyola Blakefield he attended the Loyola College of Maryland (now known as Loyola University Maryland), majoring in history and political science, and he graduated in 1978 with a Bachelor of Arts degree. He received his Juris Doctor degree in 1982 from the University of Baltimore School of Law. While attending night school at the University of Baltimore, Judge Hanley served as the courtroom clerk in the Circuit Court for the Honorable Judge Marvin Land and Honorable James H. Langrall.

Judge Hanley also enjoys the collegiality of the bench.

He found the transition from serving as a Master to a Circuit Court judge to be an easier process than he expected, in part because of the helpfulness of other judges. He noted that “[i]n any given area of the law, one or more judges have significant practice or judicial experience in that area and are happy to provide assistance.”

Judge Hanley’s advice to young lawyers, and all lawyers, is simple. “Be prepared. Be on time. Be civil.”

In his free time, Judge Hanley enjoys spending time with his wife, reading, hiking, doing things outdoors, eating out and traveling. His children are now grown adults, but he jokingly observed that he treats his dog After being admitted to the Maryland Bar in 1982 like a spoiled child.

Judge Hanley practiced at the law firm of Hanley and Hanley from 1983 to 2007, and as a solo practitioner from 2007 to 2008. In September of 1995 Judge Hanley was appointed to serve as a Circuit Court Master, initially on a part time basis.

In July of 2008 Judge Hanley was appointed as a full time Master and he closed his practice. He served as a full time Master until being appointed to the Circuit Court. Judge Hanley has been a longTHE ADVOCATE

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IN CHMBERS WITH...

By Michael Barranco Editor's Note: Each judge profiled is asked a set of questions. Judge Hanley’s answers are as follows:

Favorite Restaurant(s):

Bluestone Restaurant in Timonium

Pet Peeve:

Lawyer incivility

Favorite Sports Team(s):

Baltimore Orioles

Favorite Ice Cream Flavor:

Butter Pecan

Favorite type of music or Artist:

Classic Rock

Station on your car radio right now:

WBAL 1090 AM

Guilty pleasure:

Ice cream

Favorite Charity:

Catholic Charities

Favorite Book:

The Killer Angels by Michael Shaara

Favorite movie:

Gettysburg

Travel destination still on bucket list:

Ireland

If you could meet one person, living or dead, who would you want to meet:

President Franklin Delano Roosevelt

If you had not gone into the law, what profession would you choose:

Certified Public Accountant

Member of the Baltimore County Bar who has passed he misses the most:

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Honorable James H. Langrall

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March 2019

97TH ANNUAL BLACK TIE BANQUET

By Blake O. Wheeler The BCBA’s 97th Annual Black-Tie Banquet (fondly known as the Prom) was held on January 31, 2018 at Martin’s Valley Mansion. Although this year saw a change of venue, the style, glitz, and glamour of the BCBA members were all present without fail.

Another change this year was the lack of a keynote speaker. In a nod to keep the event “rolling” and allow our members to eat, drink, talk, and continue drinking and talking, the change was well received by members of the bar. President Rebecca Fleming noted the change in her remarks, and should be congratulated and thanked for her hard work, consideration, and understanding in dealing with a room full of attorneys. No rolls were thrown in the making of this evening.

The highlight of the evening was the presentation of the J. Earle Plumhoff Jr. Professionalism Award.

The recipient of the award must be a member of the BCBA for at least five (5) years, have made professional contributions to BCBA activities, have made contributions of time and resources that have gone largely unnoticed, and notably demonstrate dignity, integrity, and civility. This year’s recipient embodies all these qualities and more – the Hon. Vicki Ballou-Watts, a former BCBA president and sitting Associate Judge for the Circuit Court for Baltimore County.

Mary Sanders presented the award to Judge BallouWatts, who accepted the award with the same professionalism, graciousness, and kindness for which she was recognized. Although our annual event is notoriously “attorneys-only,” Judge BallouWatts’ family was present and beaming as she accepted the honor among friends and colleagues.

making sure our own loving paparazzi documented every delightful moment of the evening.

No mention of the Prom would be complete without thanks to the people who made the event possible. A special thank you to BCBA Executive Director Rachel Ruocco, Membership Director Rachel Fuller and LRIS Director Rae Wyatt for their hard work and dedication in planning this event. Thank you again to President Rebecca Fleming and all of the BCBA Officers and members of the Executive Council for their work in planning and organizing the event – I hope you enjoyed the fruits of your labor as much as the members seemed to!

Although this was only my second Prom, it more than lived up to my expectations (and these were high, considering I have heard about the Prom from certain attorney family members before I was a twinkle in someone’s eye). On a final note, thank you to all of those who attended. I, along with the BCBA, look forward to seeing you again next year. To those of you who were not able to make it, we hope to see you next year as well.

All photos courtesy of Magistrate C. Theresa Beck, Myles Friedman and Arnold Honkofsky

The rest of the evening passed with, you guessed it, spirited discussion and cocktails. Members had their pictures taken individually and in groups, THE ADVOCATE

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March 2019

97TH ANNUAL BLACK TIE BANQUET

By Blake O. Wheeler

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97TH ANNUAL BLACK TIE BANQUET

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97TH ANNUAL BLACK TIE BANQUET

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97TH ANNUAL BLACK TIE BANQUET

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97TH ANNUAL BLACK TIE BANQUET

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March 2019

INVESTITURE CEREMONY FOR JUDGE ANDREW M. BATTISTA

By Bennett S. Ostroff Andrew (Andy) Martin Battista, a Towson attorney, became the newest Associate Judge on the Circuit Court

For

Baltimore

County;

the

investiture

ceremony was held on Monday, January 28th, 2019, with Ceremonial Courtroom No. 5 in the Historic Courthouse unable to seat many of the family, friends, and colleagues that attended. Attorneys Dominick Garcia, J. Shawn Alcarese, and J. Calvin ’Nip’ Jenkins spoke at the ceremony, and all emphasized the resolve, leadership abilities, values, and strength of character that they unfailingly observe in Judge Battista. The judicial robe was put on Judge Battista by his four children, Katie Lynagh, Emily Woods, Anne Marie Battista, and Patrick Battista.

Judge Batista then spoke, and repeatedly thanked his wife Becky, his children, and his many mentors, colleagues, and friends. Judge Batista also made it clear that he learned much from his prior attempts to become a Judge, and reminded everyone in the audience to pursue their goals, regardless of the circumstances.

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March 2019

COUNTY COUNCIL UPDATE

By Adam M. Phillips Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25).

The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well.

Election of Chairman Tom Quirk – At its first Legislative Session of the New Year on January 7, 2019, the Baltimore County Council held its annual election to select a Chairperson for the calendar year.

The Council unanimously elected Councilman Tom Quirk from the First District as Chairman for 2019. This will be Chairman Quirk’s third tenure as Chairman since his election to the Council in 2010. The entire County Council congratulates Chairman Quirk on this deserving and wonderful achievement, and looks forward to continue serving the citizens of Baltimore County in the coming year!

Bill 100-18: Zoning Regulation Amendments for Bed-and-Breakfast Inns – At its January 22, 2019 Legislative Session, the Council approved zoning regulation amendments creating a new process for approving bed-and-breakfast inns in certain zones of the County. The amendments remove the requirement that an inn be located on a minimum 5acre tract with frontage on an arterial or collector street, and also removes the minimum of 4 rooms to THE ADVOCATE

simply a maximum of 20 rooms. The bill also requires that an application be made to the Department of Permits, Approvals and Inspections for a use permit for a bed-and-breakfast inn. Upon consideration of the application, the Director may issue a use permit for a bed-and-breakfast inn under the permit procedure set forth in Section 408B.1 of the Zoning Regulations.

Bill 101-18: Amendments to the Social Host – Unruly Social Gatherings Program – In 2016, the Council established a pilot program in the Greater Towson and Arbutus areas to address resident complaints of unruly parties. Bill 101-18 amends the program to require any community service ordered and assigned for a violation of the Social Host – Unruly Social Gatherings law be performed within two miles of the location of the unruly social gathering. On February 18, 2019, the Newark Post ran a story remarking on the success of the Program and reporting that the Newark City Police Department will be implementing a modified version.

Approval of Contracts – At its February 19, 2019 Legislative Session, the Council approved a multiyear, multi-case retainer agreement with the law firm Whiteford, Taylor, & Preston LLP to represent the County in several cases related to the Religious Land Use and Institutionalized Persons Act (RLUIPA).

The Council also approved a contract with Harris, Jones & Malone, LLC to advise and represent the County in upcoming labor negotiations. Last, the Council approved a contract for the Baltimore County Circuit Court to continue retaining Jeffrey C. Dobson, Esq. for foreclosure case review services.

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Lawyer in the Lobby Clinic Wednesday, March 13 4:30—6:30 p.m.

County Courts Building, 1st Floor, 401 Bosley Ave, Towson Lawyer in the Lobby is held the 2nd Wednesday of every month.

Walk-ins are assisted in General Civil and Family Law matters.

If you are interested in volunteering, please contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100.

Thank you to our volunteers for March: Julius Blattner Keith Franz Richard Lebovitz E. David Silverberg

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CRIMINAL LAW UPDATE

By Matt Wyman Steck argued that the search violated his fourth amendment rights. The court went step by step in analyzing Steck’s arguments. They found the stop to be legal, and the detention (8 minutes) not longer Wesley Cagle v. State of Maryland, No. 15, September than necessary. Most importantly, the Court held Term 2018, filed December that the K9 officer was permitted to testify that the 13, 2018. Opinion by Hotten, J. behavior of the dog was consistent with the presence Cagle was convicted of a variety of crimes, including of drugs, even in 2 places, despite there not being a attempted murder. At trial, his attorney sought to use definitive “alert”. a Powerpoint presentation which included video Curtis Groves v. State of Maryland, No. 2146, excerpts of trial testimony, and pretrial statements. September Term 2017, filed The State objected, and the Judge allowed the pretrial December 21, 2018. Opinion by Moylan, J. statements (already in evidence) to be used, but not the trial testimony. The Judge said that it was not her Groves was arrested on a warrant in Baltimore City practice to allow selected testimony viewed by the for a parole violation relating to a firearms violation.

When attempting to execute the arrest warrant, jury. officers spoke to Groves’ girlfriend who indicated Cagle appealed, arguing that the Judge applied a “hard he was affiliated with the Bloods gang, and that he and fast rule” and did not apply the law to his had been in possession of a handgun within the last particular case. Specifically, that litigants are allowed week. Groves gave himself up peacefully, and was great leeway in closing arguments. The Court of arrested coming up the basement stairs. Officers Appeals affirmed the conviction noting that the Judge then conducted a protective sweep and found did review the situation specifically, applied the law to narcotics and weapons. A search warrant was it, and noted that it could cause witness confusion, and secured based on those observations, and Groves was a waste of time. She was permitted to comment was charged with those offenses as well. He that it was not something she had done prior in her 17 appealed his conviction arguing that the “protective years on the bench. sweep” was excessive and unnecessary and violated Ryan Lawrence Steck v. State of Maryland, No. 705, his fourth amendment rights.

September Term 2017, filed The Court of Special Appeals held that the search November 28, 2018. Opinion by Battaglia, J. was reasonable under the circumstances. Groves Steck was pulled over for a traffic offense in Ocean was a violent felon, with a history of firearms City. While investigating, the police called for a K9 offenses. He was known to recently possess unit which responded promptly.

The K9 gave firearms and was affiliated with a violent gang. He responses consistent with drug detection, but pulled emerged from a dark basement after several between the vehicle and the occupants (who were minutes. It was reasonable for the officers to seated on the curb). The Officer testified that he conduct a protective sweep of the area. In quoting believed that the dog sensed narcotics in 2 separate Buie v. State, 320 Md. 696, 702 (1990), the court locations based on his training, knowledge and noted that an objectively reasonable officer could have reasonably formed the suspicion that another experience with the K9. person posing a danger was in the area.

Without a lot of new case law to report in January, I give you the Criminal Law Update for January and February, summarized from the Amicus Curiarum

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CRIMINAL LAW UPDATE

By Matt Wyman Daniel Mills v. State of Maryland, No. 950, September Term 2017, filed November 5, 2018. Opinion by Battaglia, J. Mills was convicted of a variety of narcotics trafficking crimes. On appeal, he argued that the trial judge incorrectly permitted the State to strike four potential jurors despite a valid challenge under Batson v. Kentucky, 476 U.S. 79 (1986). The State had struck four African American female jurors in a row, and Mills objected. The Judge did not hold a hearing on the objection, but rather noted that the State’s strikes did not affect the makeup of the pool since “75% of the jury pool is African American females”.

The Court held that the Judge erred in using a statistical analysis to deny that the Defense had established a prima facie case that the State had a discriminatory intent in their strikes. The case was remanded, with the Defense permitted to renew their objection, and argue the merits of the Defense’s objection. The case was remanded for a hearing on that issue. If the State prevails at the Batson hearing, the conviction will stand.

State of Maryland v. Steven Young, No. 2, September Term 2018, filed December 18, 2018. Opinion by Adkins, J. Young was convicted of several drug offenses in Baltimore City involving the possession and distribution of Alprazolam, Methadone, Oxycodone and Heroin. Young attempted to introduce evidence that he had a prescription for several of the items seized during the execution of a search warrant on his home. The State responded that the prescriptions were hearsay, and the Judge denied Young’s request to introduce the evidence. The Court of Special Appeals reversed, stating that since a prescription was a defense to the crime, a properly authenticated prescription is not hearsay. The Court of Appeals THE ADVOCATE

affirmed the decision. Unfortunately, you still can’t have a prescription for Heroin in the Old Line State, so Young’s convictions for those crimes stood.

State of Maryland v. Daniel Joseph Greene, No. 2199, September Term 2018, filed January 31, 2019. Opinion by Moylan, J. Greene was charged with the murder of Jon Hickey in Baltimore City. A night vision video was located of a suspect. Jennifer McKay, the victim’s girlfriend and the Defendant’s ex girlfriend, watched the video and noted that the suspect looked like Greene, and that she thought it was him. She noted several similarities but stopped short of making a positive identification despite the officer’s insistence that they needed her to be more sure. Greene objected to the pretrial and in court identifications of him by McKay and the Judge agreed. The State appealed.

In reversing the Decision, the Court of appeals addressed two issues, first the difference between “comparative” and “selective identifications, and second, whether or not the identification was impermissibly suggestive.

A “comparative identification” is one made where the witness already knows the person, and is stating that the person they are viewing may or may not be a person already known to them.

A “selective identification” is one where the identification is the how the suspect is identified. Given that this was a comparative identification, it is not governed by the same rules of suggestiveness.

Further, even if it had been a selective identification, in this case the witness stated repeatedly that she was not sure, and that the suspect “looked like”. Despite the suggestiveness of the detectives, the witness was not impermissible. The credibility of her testimony is for a jury to determine.

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Committee News PLEASE

VISIT WWW.BCBA.ORG TO REGISTER FOR ANY EVENTS LISTED

ADR COMMITTEE April 9, 5-7pm, Grand Jury Room, Mediator Mindfulness ADVOCATE COMMITTEE Please submit any ideas for articles to Rachel Ruocco at rruocco@bcba.org or Ari Kodeck at akodeck@oag.state.md.us BENCH/BAR COMMITTEE This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Fred Allentoff, 443-588-0066 or fallentoff@aol.com.

CRIMINAL LAW COMMITTEE Date TBD, 5pm, Baltimore County Detention Center Programs, Grand Jury Room.

March 7, 5pm, Effective Cross Examination, Grand Jury Room CLE COMMITTEE April 23, 5pm, Accounting & Bookkeeping for Lawyers ENTERTAINMENT COMMITTEE April 24, Bar Wars Trivia Night, 6:30pm, C&R Pub, Towson May 29, 12pm, Golf Tournament, Eagle’s Nest Country Club, Phoenix, MD ESTATES & TRUSTS COMMITTEE May 21, 5pm, Annual Dinner

FAMILY LAW COMMITTEE March 21, 6pm, Sexual Abuse Allegations, Woodholme Country Club April 9, 12pm, Brown Bag Lunch on Parent Coordinators, Grand Jury Room April 17, 6pm, Multi Jurisdictional Dinner May 16, 5 pm, Legislative Update & Happy Hour, Grand Jury Room HISTORICAL COMMITTEE Committee Meeting, BCBA Mezzanine Offices If you are interested in taking part in the planning of our 100th Anniversary Celebration, please contact Matt Nelson at mnelson@tydingslaw.com.

LAW DAY COMMITTEE March 4, 5pm Committee Meeting May 1, 7:30 am, Breakfast , Martin’s Valley Mansion May 1, Noon Ceremony, Ceremonial Courtroom #5 This year’s theme is Free Speech, Free Press, Free Society Nominations are being sought for the Law Day Award and the Judith P. Ritchie Award. Nominations must be submitted in writing to the Bar Association Office. Each nomination should include information in support of the candidate. Nominations will be reviewed by the committee for recommendations and forwarded to the Executive Council for selection.

Awards will be presented at the Law Day Noon Ceremony on May 1st.

Law Day Award Criteria are: 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 4. Service to the Bar Association over the course of several years Judith P. Ritchie Award Criteria are: 1. Bar Association member.

2. Significant constructive impact on Bar Association activities during the past year.

3. Largely unrecognized for these efforts.

4. Adding to the proficiency, respect and reputation of the Bar Association.

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Committee News PROFESSIONALISM COMMITTEE LRIS COMMITTEE Please renew or consider joining the LRIS at this March 28, 5pm, Sexual Harassment, CVP, Towson time. Application can be found on the website: LRIS Application. Contact Rae Wyatt at rwyatt@bcba.org PUBLIC AWARENESS & SPEAKERS COMMITTEE or 410-337-9100 for more information.

AKA CIVICS & LAW ACADEMY Civics & Law will resume in the Fall of 2019.

The 2018-2019 LRIS Panel Registration and Renewal Please contact Rachel Ruocco if you are interested Packet is now available. Join now! Current panel in participating as a presenter. Classroom materials will be updated soon. members, remember to renew!.

MEMBERSHIP COMMITTEE Online Membership Application can be found here

REAL PROPERTY COMMITTEE Stay tuned for programming news.

MEMORIAL COMMITTEE Please notify Rachel Ruocco at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you.

SOLO & SMALL FIRM COMMITTEE Stay tuned for programming news.

BCBA members who will be honored at next year’s service on November 21, 2019 at 3:30 p.m.

If you know of any BCBA Member who passed away (since August 15, 2018), please advise Rachel Ruocco immediately, so they can be included in the service.

Thank you. The reception for family and friends to honor and remember loved ones will be held immediately following the service.

STATE & LOCAL LAWS (SLLZ) COMMITTEE March 12, 5pm, CVP, Towson, Meet the County Council April, SLLZ Annual Dinner TECHONOLGY COMMITTEE For an updated MDEC Tip Sheet, go to www.bcba.org and click on Committee Report, Technology, Handouts.

YOUNG LAWYERS COMMITTEE Bull & Oyster Roast, March 31, 2-6 pm, Towson Monetary contributions are greatly appreciated to American Legion contact Craig Borchers at support the Memorial Reception, and can be made **Please craigb@towsonfamilylaw.com or Whitney Wilder at payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will wwilder@bodie-law.com if you are interested in helping out with the Bull and Oyster Roast. We be acknowledged on the printed program. need many hands to make this a successful event.

NEGLIGENCE, INSURANCE & WORKERS’ COMP This is one of our biggest fundraisers for our annual charity, American Foundation for Suicide COMMITTEE Prevention.

Stay tuned for programming news.

PRO BONO COMMITTEE March 5, 5pm, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. April 2, 5pm, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. May 7, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. April 27, 9am-1pm, Pro Bono Day, Woodlawn Library THE ADVOCATE

Last Thursday Happy Hour 5pm, The Point, 523 York Rd, Towson. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network.

March 28 April 25 May 30 June 27

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MEMBER NEWS

The Honorable Patrick L. Woodward (Ret.) has joined The McCammon Group, a leading provider of alternative dispute resolution (ADR) services in the mid-Atlantic region.

Judge Woodward recently retired as Chief Judge of the Court of Special Appeals of Maryland after thirteen years of distinguished service as an Associate Judge and Chief Judge on that court. He previously served as an Associate Judge on the Circuit Court for Montgomery County and as an Associate Judge on the District Court of Maryland for Montgomery County. Before his judicial service, Judge Woodward enjoyed a successful law practice in Maryland and DC. He is a two-time Recipient of the Outstanding Jurist Award from the Montgomery County Bar Association and the 2018 Recipient of the Beverly Groner Family Law Award from the Family and Juvenile Law Section of the Maryland State Bar Association.

Judge Woodward now brings this exemplary record of dedication and leadership to The McCammon Group to serve the mediation and arbitration needs of lawyers and litigants in Maryland, DC, and beyond.

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MEMBER NEWS

Jensen, Hassani & Focas, P.A., has changed its name to Hassani, Focas & Fifer, P.A., After many years honoring the name of late cofounding partner, Wilbur Jensen. Established in 1988, the firm remains committed to advising clients with their Estate Planning, Estate and Trust Administration, Elder Law, Business, and Real Estate matters. The firm can still be reached at 410-339-7313 or by mail at 22 W. Pennsylvania Avenue, Suite 606, Towson, MD 21204.

Have you moved? Added a partner to your firm?

Received an award? Have other news to share? Email it to Rachel Ruocco at rruocco@bcba.org and we will include it in The Advocate.

Mark Your Calendars!

Maryland Lawyers’ Day of Service April 27 Join us as we serve the homeless in Baltimore County More information to be included in the April issue of The Advocate ASSOCIATION SPONSORED GROUP DENTAL PLAN OFFERED BY ICS-INSURANCE Did you know that we are currently offering an Association Sponsored Group Dental plan through Dominion Dental? Association plans enable us to enhance the benefits of being a member of the BCBA. These plans would allow us to offer group products with more liberal underwriting and potentially lower cost than products available on the individual market. In the past we have offered association sponsored Long Term Care and Life Insurance coverage and are considering investigating the opportunity to offer an association Health Insurance plan. If you have interest in any of the mentioned products, please reach out to Rachel Ruocco, Executive Director 443-652-3228 or send an email to her at rruocco@bcba.org.

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ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ...

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges.

Our services include help for a broad range of problems and personal concerns, such as: Gambling Depression Internet Addiction Marital and Family Relationships Sexual Addiction Alcohol and Drug Abuse Compulsive Spending Stress and Burnout Eating Disorders Prescription Drug Concerns Balancing Work and Family Career Concerns WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors.

RICHARD LYNAS, Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA

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410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969

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Mark Your Calendar!

Wednesday, May 29 BCBA Golf Tournament Eagle’s Nest Country Club Phoenix, MD

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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 for advertising rates and to place your ad.

Divorce, or probating an estate. Your client has options when it comes to the real estate.

Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road.

Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com

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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 TOWSON. 309 Allegheny Avenue. 2nd floor offices with private restroom, 3 regular offices, partially furnished, 1 executive office (can be made into five offices) fully furnished. Private restroom. Tenant will have available to them a conference room, print/scan/fax center and kitchenette on 1st floor. Additionally, 2nd floor has 2 private entrances, 5 free parking spaces, and approximately 800 sq. ft. of combined dry/secure storage on 3rd floor and basement.

TOWSON. Sublease available one block from courthouse. Space in excellent condition. Spacious conference rooms, 34 offices, reception area, copy/supply room, and kitchen. Sublease until August, then take on new lease. Rent negotiable. Contact towsonfirm@gmail.com to schedule a tour or get more information.

TOWSON. Office for Rent: $990/month for one office with reception area right off the elevator. Located in Towson within walking distance to courthouse. Newly renovated and furnished. $1,200 to add an additional office connected to entire suite. Includes electric, internet and one parking space. For more information email doug@dbmcommunications.com or call 410-825-7400.

TOWSON. Three Office Spaces Available: Rent one office, four offices with reception area, or whole floor. Two blocks from circuit courthouse. Free parking. Rent and utilities are negotiable. More info at nicole@whitakerlegal.com or 410-207- 9272.

TOWSON. Office sharing available. One block from Courthouse. Use of phone system, copier, fax and secretarial available. Please call Beverly at 410-296-6820.

PERRY HALL/NOTTINGHAM. Real Estate Firm is hiring a title processor for residential real estate closings. Some experience in real estate closings, real estate title work and/or residential lending preferred but not required. Salary commensurate with experience; pleasant work environment. Please send resumes to Lisa Eisemann, Esq. at leisemann@mcrllaw.com , or mail to Moore, Carney, Ryan & Lattanzi, L.L.C. Attn: Lisa Eisemann; 9649 Belair Road; Suite 302; Nottingham, MD 21236 REISTERSTOWN. Office(s) available for rent. Includes electric and use of conference room/library, reception area & kitchen. Secretary/paralegal assistance and expense sharing opportunities also available. For more information, call Scott Westerberg at 410-526-7373.

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