Advocate March 2021

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 7

March 2021

PRESIDENT’S MESSAGE

By Jay D. Miller This Message is not about COVID. I am tired of reading about COVID. I am tired of hearing about COVID. I am tired of people suffering because of COVID. I am tired of watching friends who own businesses that have shut down due to COVID; and they will not be able to re-open. I am tired of attending hearings and meetings on Zoom because of COVID. But most of all, I am tired of hearing from friends and family who have been stricken with COVID. I feel so badly for all of those who have been infected with COVID. There, I said it. In past messages, I have reported on all the great benefits being a member of BCBA provides, to say ‘enjoy The Advocate’. Next month, I will have including the continuing updates on the courts in light something to say, and it will not be COVID-related. of COVID. Yup, there it is again. COVID. At the request of current MSBA President Mark I have reported on the establishment of a new Scurti, thirty local and specialty bar association standing committee, Diversity and Inclusion. This presidents including me signed a letter to Governor committee has hit the ground running and their 21 Hogan, Chief Judge Mary Ellen Barbera, and Acting Weeks in 2021 CHALLENGE program is going to be Secretary of Health, Dennis Schrader requesting that outstanding. Please contact the bar office staff if you all lawyers be included in category 1C of the state’s would like to join us as we work to recognize and Covid-19 vaccine rollout.

This would be in address privilege, bias and racism. accordance with the CDC national guidelines and is When I have had something to say, I have used this the stated practice of surrounding states. The letter is page to say it. My point is, I learned long ago if you reprinted in part on the following page. do not have something meaningful to say, then do not spend five paragraphs proving it. The BCBA has been awash in messages and emails. So, I will heed the advice I was given, and save my words for when I really have something to say—this month, I just want

Jay D. Miller BCBA President, 2020-2021

Mid-Atlantic Spinal Rehab & Chiropractic THE ADVOCATE

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March 2021

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March 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

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.

The Advocate

Michael S. Barranco Committee Chair Tracee O. Fruman Committee Vice-Chair

Inside This Edition

Contributing Writers Mariela D’Alessio Suzanne Farace Christopher Nicholson Matt Paavola Ceecee Paizs Judge Michael Siri Scott Stevens Britt Stouffer Thomas Tompsett, Jr. Alex Walsh Kathleen Wobber 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.

Bench/Bar Update Chopped Competition Civil Law Update Criminal Law Update Diversity & Inclusion Estates & Trusts PP Loan Family Law-Prenups In Chambers With Law Clerk Spotlight Law Library Lawyers Assistance MD General Assembly Member Ads Professionalism Technology Tips

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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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March 2021

COURT NOTICES

DECEMBER DISTRICT COURT SCHEDULE

BCBA FACE MASKS AND CUFF LINKS STILL AVAILABLE As the courts return to Phase IV on March 15, you do not want to be caught without a mask in the courthouses. (or anywhere else!) Not only do we still have a few BCBA face masks available to purchase for $10 each, but we now have BCBA cuff links available as well. At only $25 per pair, these cuff links are sure to make a statement next time you are in the courtroom!

Contact Jacob Bengel at jbengel@bcba.org or 410-337-9101 to purchase face masks or cuff links.

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March 2021

FAMILY LAW UPDATES Dear Bar Colleagues:

find that you are unable to assist a potential client Judge Cavanaugh has asked us to send out the after consultation, it would be helpful to both the following information from the February 10, 2021 individual as well as the Court if you could provide the attached self-help information.

Family Division Meeting: Requests for Remote Settlement Conferences: All Family Law Settlement Conferences will be held remotely until further notice. Accordingly, there is no need to file a request for a remote settlement conference or to call Settlement Court to verify that your conference will be held remotely. The Court will let us know when this policy will be changed.

New Family Support Services Coordinator: We are excited to announce that Briana Shirey, LCSW-C, is the new Family Services Coordinator for the Office of Family Support Services.

Family Law Self-Help Office: Terrell Warren has made some significant improvements to the remote accessibility of the Baltimore County Family Law Self Help Office. Please see the Family Law Assistance attachment to this email to find new contact information, hours of operation and helpful links, including a virtual appointment scheduler link. If you

Judges Jakubowski and Cavanaugh wanted to let the Bar know that, as the Courts move into Phase 4, the Baltimore County Circuit Court is going to be adding afternoon dockets to the family law assignment for Judges. Judges Jakubowski and Cavanaugh explain, “The goal is to be able to continue to handle as many family law cases as we can prior to the resumption of jury trials on April 26th. The family law afternoon dockets will continue after we start phase 5 on April 26th.”

Phase 4 goes into effect March 15, 2021.

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Law Library Self-Help Resources: Stephanie Levasseur, the Director of the Circuit Court Law Library, has also provided us with this link ( https://www.baltimorecountymd.gov/ departments/circuit/library/selfhelp.html ) which is loaded with lots of additional, vital links for someone in need of self-help resources. Stephanie reports that the Law Library has been working remotely throughout the pandemic, helping pro se patrons as well as attorneys with many different legal questions, including helping people with MDEC use and e-filing. This assistance is provided remotely, which will also continue until further notice.

Very truly yours, Martha White William R. Levasseur, Jr. Co-Liaisons, Baltimore County Family Division

Judges Jakubowski and Cavanaugh wanted to let the Bar know that, as of April 26th the Zoom Family Law Settlement Conferences are being changed to one-hour slots beginning at 8:30 a.m. There will be seven (7) conferences in a day, set to begin at the following times: 8:30, 9:30, 10:30, 11:30, 1:30, 2:30 and 3:30 p.m. This will provide the litigants and the Settlement Court Judges more time to resolve cases. The Settlement Conferences are going to continue on the remote ZOOM platform through Phases 4 and 5. It will be reassessed at a later time, but all parties and counsel should expect to continue to receive ZOOM invites for the conferences until further notice.

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March 2021

COURAGEOUS CONVERSATIONS

By Judge Michael Siri

The Baltimore County Bar Association hosted a twopart program entitled “Courageous Conversations: Discussing Systemic Racism, Implicit Bias, and the Role of the Bar Associations in Addressing Them.”

The joint program organized by the BCBA’s Diversity & Inclusion Committee and Professionalism Committee addressed racism and bias in both the legal system and in society and sought to facilitate discussion amongst participants related to the same.

Held on February 11, 2021, Part 1 of the program focused on educating participants on issues related to implicit bias and racism. Russell McClain, Dean of Diversity and Inclusion at the University of Maryland School of Law, explored subconscious categorizations that are biased against racial and ethnic minorities.

While considered the educational component of the program, Dean McClain solicited discussion topics from the audience related to bias to serve as the basis for the second part of the program.

The discussion topics included but were not limited to the need for mentoring; potential criminal justice reform; education for jurists and state’s attorneys; importance of promoting diversity in hiring practices for law firms; education of courthouse staff; and bias in the courtroom.

On February 25, 2021, the participants and Dean THE ADVOCATE

McClain reconvened for Part 2 of the program designed to spark discussion related to the previously identified topics. After an introduction by Dean McClain, participants were broken up into breakout groups to discuss the topics, share their own experiences, and provide recommendations for the BCBA to implement or explore. Each moderator reported on their group’s discussion and recommendations at the conclusion of the breakout sessions to all the participants.

The recommendations included creation of an alter ego program for the judges with the BCBA coordinating to ensure anonymity; creation of mentoring programs between the bar associations and law schools; adding a diversity and inclusion component to the Professionalism course for new admittees; dealing with patronizing and condescending court participants (i.e. judges, opposing counsel, bailiffs, staff) to women and minorities; and the creation of several education programs, such as bias training, ways to combat bias, pathways to the Bench for diverse candidates, and basic terminology related to diversity and equity. The Diversity & Inclusion Committee and Professionalism Committee intend to cull the recommendations and use it as a springboard for future events and initiatives.

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March 2021

TECHNOLOGY COMMITTEE: VIRTUAL MEETING TIPS

By Scott Stevens

It looks like the court will be moving two steps closer to “normality” by the middle of March. Still, the court will continue to hold remote hearings for the foreseeable future. While I believe many of us are now virtual “experts,” I have come learned a few pointers from a presentation by TALLsmall Productions to keep in mind when meeting clients or potential virtually.

noticeable adjustments when someone moves their head.

Take breaks between virtual meetings. Back-to-back meetings quickly dry out the eyes and it shows.

Everything you do is magnified. While we may be used to multi-tasking, even a slight glance away to check incoming e-mail headlines for a second is very noticeable, distracting, and sends the message to the First, have good, strong light that illuminates your client that something else is more important than body facing the camera. Ring lights tend to give the they. best lighting.

Be in only one meeting at a time. If you must be in Have some color in the background. In addition to simultaneous meetings, do not do so while with a having greater visual appeal, it may, when combined client or a judge and conduct them on different with the front lighting, lessen contrast issues a strong devices. lighter-colored background may cause.

Finally, use every opportunity to get the people you Next, consider an external camera. Built-in webcams are meeting with to focus on you. are OK. However, a camera that can be positioned offers a more appealing image than one angled down While Zoom is the platform of choice for the courts, or up which may be interpreted, consciously or not, as your client or potential client may prefer another virtual conferencing platform. When asked to use a making one of the parties superior to others. platform you are not familiar with, please keep the Another reason to use an external camera is that in following basics in mind. addition to eye-level placement, it may also show more of your body. If the camera is in too tight, people on Download and familiarize yourself with the platform at least a few days before your meeting. Earlier is the other end cannot read your body language. preferable.

Backgrounds should be professional in nature and be clear and crisp, showing where you are. Fake Know how to perform the basics. backgrounds may be used if they help build Start/leave/end a meeting. relationships. While Zoom has gotten much better Mute and unmute yourself and/or other. with their background-eliminating technology since the beginning of the pandemic, there is still a lot of In other news, we have our first major program of the year coming up in May in conjunction with the Solo and Small Firms Committee. The Lawyer’s “Toolbox:” Automation Basics and More. The more we can rely on technology to handle the mundane aspects of our business, the more we can focus on succeeding for our clients.

Until next time.

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March 2021

BENCH/BAR COMMITTEE REPORT

By Christopher W. Nicholson

THE COURTS ARE REOPENING (Now That I Have Your Attention) The Bench Bar Committee met (via Zoom) on February 11, 2021. For the Circuit Court Bench, The Honorable Ruth Jakubowski reported that the Court would be reopening and moving into Phase 4— skipping over Phase 3. Judge Jakubowski predicted this development, and it was subsequently confirmed. The Honorable Stacy A. Mayer has been sworn-in and was welcomed to the Bench. For now, all Settlement Conferences and uncontested divorce cases shall be done remotely. Dockets are beginning at 9:00 AM, not 9:30 AM. In addition, jury trials shall resume in Phase 5 (April 26th); however, the jury selection process has already been established.

Jury selection will take place off-site at the American Legion Hall on York Road. Criminal jury selection will occur on the first floor, and the jury trial will begin the next day. Voir dire will be conducted at the oyster bar area—no kidding! Emails may be sent in criminal cases to check the status of the case and to have back-up cases in the event that another case pleads. This has already begun for felony cases. Plea Dockets will take place on Wednesday and Thursdays (not Tuesdays) and jury selection will not be used as a “plea forum.” Civil jury selection will also occur at the American Legion Hall on York Road, but on the lower level. Jury selectin will take place in the morning and the trial will begin in the afternoon. Additional courtrooms are being “fitted” for criminal jury trials and a third courtroom is being “fitted” for civil jury trials.

Department of General Services is cleaning the District Court buildings. There is a new Adult Drug Program in the works, and positions for it are being filled. If a civil case is estimated to take longer than two (2) hours, it will automatically get a Settlement Conference. There have been great results on the PreTrial Settlement Conferences. Some of the courtrooms are getting technology updates. There is currently a backlog of approximately 56,000 landlord/tenant Cases. Case filings are being accepted, but the cases are not going forward due to the moratoriums on evictions.

District Court Administration: Maria Fields reported that the Clerk’s Office is fully staffed and back into the office. Drop boxes (the old-fashioned ones, not the electronic ones) are located at each District Court location. In addition, more Plexiglass will be installed.

Finally, there will be an ADR Program for debt collection, contract, and small claims cases.

Office of Administrative Hearings: Administrative Law Judge William Somerville reported that seven (7) new Administrative Law Judges were selected: Dania Ayoubi, Kristin Blumer, Sun Choi, Patricia DeMaio, Tracee Hackett, David Leibensperger, and Patrick Maher.

Executive Council: President Jay Miller reported that the live reveal for the Chopped cooking event will take place this evening. The second dues notice went out this week. The golf tournament is on May 26th at Towson Golf and Country Club and it will be live, not virtual. The Prom is still up-in-the air. Finally President Miller noted that the Diversity Committee is Circuit Court Administration: Tim Sheridan noted bringing two (2) outstanding programs to the Bar. that any safety issues within the Courthouse should Family Law: Wendy Meadows noted that there was a be reported to him. great webinar last night on Premarital Agreements Magistrate’s Report: Magistrate Wendy Schenker Young Lawyers: Nicole E. Rush reported that the noted the retirement of Magistrate Phyllis Brown. Annual Bull Roast will likely be changed to a Silent Magistrate Brown’s vacated position is being Auction. advertised.

Diversity and Inclusion: Sue Zellweger reported that For the District Court Bench, The Honorable two (2) outstanding Programs are being presented by Dorothy Wilson reported that District Court is the Diversity and Inclusion Committee. On February following all of the safety protocols. Further, the THE ADVOCATE

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March 2021

BENCH/BAR COMMITTEE REPORT

By Christopher W. Nicholson

11th, “Courageous Conversations” will be presented

by Dean Russell McClain from the University of Maryland School of Law, focusing of racism and racial discrimination in the Judicial System and the role of the Bar Association. In addition, the committee is hosting “The Challenge - 21 Weeks in 2021 to Learn about Racism.” There will be an article or video each week (for 21 weeks) to learn about racism, social injustice, and bias.

SECOND DRAW OF THE PAYCHECK PROTECTION PROGRAM

By Britt Stouffer

Cash is certainly king when it comes to business and and can demonstrate at least 25% reduction in gross this past year has made it all the clearer after the receipts between comparable quarters in 2019 and devastation of COVID-19, and its effects on 2020. businesses and their employees.

Matt explained that eligible applicants can complete The Economic Aid Act was signed into law on the application through any bank. Specifically, December 27, 2020, which provided for additional Orrstown Bank dedicates a special portal for its funding and changes to the Paycheck Protection applicants (who do not need to be Orrstown Bank Program (PPP). The changes allow eligible borrowers clients) to streamline the process and make the who previously received a PPP loan to apply for a application easier for business owners.

Second Draw of PPP funds. On February 18, 2021, The Second Draw PPP is available until the end of Matt Will, the Vice President of Business Banking for March 2021. If you or your clients are in need, please Orrstown Bank, presented on the New Changes to the do not hesitate to reach out to your bank, or directly Paycheck Protection Program to the Estates and to Matt Will with any questions (443-547-4402).

Trusts Committee of the BCBA. Matt presented via Zoom and highlighted the prerequisites of the PPP Please join the Estates and Trustee Committee on application and the many benefits the program March 25th, 2021 at 5:00 P.M. for our next webinar, Who’s Got Capacity? – Ethics Tips for Estate and provides.

Trust Practitioners, presented by Richard Berwanger The webinar explained the that the Second Draw PPP of Eccleston & Wolf. loans made to eligible borrowers qualify for full loan forgiveness. Loan Forgiveness requires that the employee and compensation levels remain in the same manner as required for the First Draw PPP loan and that the loans are spent on payroll costs.

Attendees learned the basic terms of eligibility to apply for the program. These requirements include that the borrower previously received a First Draw PPP Loan and used the full amount only for authorized uses, employs less than 300 employees, THE ADVOCATE

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March 2021

CIVIL LAW UPDATE

By Ceecee Paizs

“first” before “publication of notice of” when it amended the ET §8-103(f) if the intention was to have the time period run from the first rather than the last publication.

Richard A. Kaplan v. Chelsea M. Kaplan, No. 3387, September Term, 2018, filed November 18, 2020.

Opinion by Leahy, Andrea M., Judge

Review of the January 2021 issue of “Amicus Curiarum” revealed the following civil cases of Wife filed a complaint and Husband filed a countercomplaint for limited divorce or, in the alternative, interest: absolute divorce after a 17-year marriage. After a THE COURT OF SPECIAL APPEALS: contested custody trial, the circuit court entered a Maryland Department of Health v. Christine Myers, custody, access and child support order, granting, inter No. 3168, September Term, 2018, filed December alia, sole legal custody and primary physical custody of 17, 2020. Opinion by Gould, Steven B., Judge their three children to Husband, and ordering weekly When Ms. Miller died, she had received Medicaid access for Wife with the children. After a three-day benefits in the amount of $449,053.71, giving the trial later that year, based on the fact that Husband Maryland Department of Health (“MDH”) a earned an annual base salary of $1.1 million and Wife reimbursement claim against her estate. On July 17, earned $50,000 annually, the trial court awarded Wife 2017, the Register of Wills Appointed Ms. Myers as indefinite alimony in the amount of $8500 per month, the personal representative (“PR”) of the estate. The and child support in the amount of $6,500 per month.

Register published notice of this appointment in the Husband timely appealed, challenging the award of local paper on July 26, 2017, August 2, 2017 and indefinite alimony and its award of child support to a August 9, 2017. MDH filed its reimbursement claim non-custodial parent. on January 25, 2018 and it was marked received by the Register on January 30, 2018. The PR filed a Notice of Disallowance of the claim, pursuant to §8107(a) of the Estates & Trusts Article (“ET”). The Department filed the appropriate Petition for Allowance. The Orphan’s Court denied the claim as untimely under §8-103(f).

The circuit court affirmed.

The Court of Special Appeals (the “COSA”) reversed and remanded. The COSA held that the timeliness of the filing by MDH hinged on what started the tolling of the time for the response. After examination of the legislative history of ET §8-103 (f), the COSA held that the time period for the filing of the MDH claim did not begin to run until after the third publication of notice, which occurred on August 2, 2017. A review of the legislative history by the COSA led the Court to the presumption that the General Assembly would have add the word THE ADVOCATE

The Court of Special Appeals (the “COSA”) affirmed, finding that an unconscionable disparity would exist in the parties’ relative standards of living even after Wife could be expected to reach her maximum earning potential. Based on the lengthy duration of the parties’ marriage, the COSA saw no error in the trial court’s focus on the parties’ standard of living during the marriage, rather than their respective standards of living prior to the marriage, and thereby awarding Wife indefinite alimony. In addition, consideration was given to the parties’ contributions, both monetary and non-monetary, during the marriage. Further, as to the child support, the trial court did not abuse its discretion in awarding Wife, the non-primary custodial parent, child support in that this was an above the guidelines case and the best interests of the child warranted an award to Wife of child support as a method of balancing “the best interest and needs of the child with the parents’ financial ability to meet those needs.”

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March 2021

CRIMINAL LAW UPDATE

By Susan Zellweger

Johnson v. State of Maryland In Johnson v. State of Maryland, 247 Md.App. 170 (July 29, 2020), Mr. Johnson was convicted of firstdegree rape in 1980 and sentenced to life in prison.

The conviction was vacated in 2015, and in 2016, Mr. Johnson was released after entering an Alford plea to first degree rape. He was ordered to complete five years of supervised probation. In August 2017, Mr. Johnson was arrested for allegedly violating probation by traveling out of state to West Virginia three times, traveling to Ocean City and taking a job at a carnival, all without the permission of his supervising probation agent. At the violation of probation hearing in 2018, the court was advised of these alleged violations. A 17-year-old female witness was called to address the court. The young lady, without being sworn in, told the court that Mr. Johnson had propositioned her when they worked at the carnival together. Mr. Johnson was not given the opportunity to cross-examine this witness, in violation of his due process rights.

In 2016, the Maryland General Assembly passed the Justice Reinvestment Act (J.R.A.) (2016 Md. Laws, ch. 515). The primary goal of this comprehensive criminal justice reform bill was to reduce Maryland's prison population and focus efforts on strategies to increase public safety and reduce recidivism. At issue in Johnson was the J.R.A.'s established graduated sanctions for "technical violations" of the conditions of supervised probation. The bill defines a "technical violation" as a violation of probation that does not involve: an arrest or summons issued by the District Court Commissioner or a statement of charges filed by a law enforcement officer, a violation of a criminal prohibition other than a minor traffic offense, a violation of a no-contact or stay-away order or absconding (willfully evading supervision). Md. Code Ann., Crim. Proc. § 1-101(q) (incorporating the definition of technical violation from Md. Code Ann., Corr. Servs § 6-101(m). The J.R.A. states that, instead of revoking someone's probation or imposing longer periods of incarceration for what was considered a more minor type of violation, the courts would THE ADVOCATE

presume that the maximum sentence of incarceration is 15 days for a first technical violation, 30 days for a second technical violation, and 45 days for a third technical violation. Md. Code Ann., Crim. Proc. § 6223(d)(2). That presumption by the court could be rebutted, however, if the court found that adhering to that limit “would create a risk to public safety, a victim, or a witness.” Id. § 6-223(e)(2). In reaching this decision the court would have to consider the following factors: (i) the nature of the probation violation; (ii) the facts and circumstances of the crime for which the probationer or defendant was convicted; and (iii) the probationer's or defendant's history. Md. Code Ann., Crim. Proc, § 6-223(e)(2).

In Johnson, it was undisputed that Mr. Johnson's violations were “technical.” The State argued that “there was nothing inherently illegal” in Johnson's interactions with the 17-year-old co-worker, but that his conduct showed that he had “not gotten over his predilections that landed him in jail in the first place.” The court found that Mr. Johnson had violated probation for the reasons stated, but also found him to be a danger to public safety for preying on the young woman. As such, Mr. Johnson was sentenced to serve 10 years in prison for violating probation.

The Court later agreed that Mr. Johnson had committed a technical violation of condition of probation that required him to get permission from his supervising agent before changing his address, changing his job, or leaving the state, but found that due process required that Mr. Johnson should have been allowed to confront and cross-examine his young coworker at the revocation hearing.

The Court vacated the judgment at issue and remanded the case to the Circuit Court for Washington County, noting that "[b]y creating presumptive sentences for technical violations of probation and thereby confining a judge's discretion, the Justice Reinvestment Act has altered the procedural landscape. Now, before the court may consider imposing a sentence in excess of Continued on page 15

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March 2021

CHOPPED CHAMPIONSHIP COOKING COMPETITION FUNDRAISER

By Mariela D’Alessio

The BCBA Entertainment Committee decided to “spice” things up by hosting its first ever virtual Chopped Championship Cooking Competition as a fundraiser. Twelve participants were hand-delivered five mystery basket ingredients to create an appetizer, entrée or dessert of their choosing within two hours.

The contestants were required to record portions of the cooking process and provide photos and videos of the cooking process, the finished meal and their presentation of the meal. Unfortunately, since this wasn’t a live, in-person event, we didn’t have judges to taste the contestants’ dishes so a person in each of the contestants’ households served as a judge. The mystery ingredients were Cornish game hen, Cheez Whiz, salt and vinegar potato chips, Naked Juice Blue Machine and green kohlrabi. After eight days of voting, John G. Turnbull, III was anointed the first ever BCBA Chopped Champion. In addition to being a fun and creative event, the voting was able to generate $15,251 to President Jay Miller’s charity, CASA of Baltimore County! The event was so successful that the plan is to make it an annual event.

You have a year to fine tune your cooking skills and binge watch Chopped! Thank you to the following 12 chef-contestants: Robin Coffin, Robert Erdman, Jr., Shari Fedak, Stanford Gann, Jr., Linda Ham, Robert Kline, Jay Miller, Ralph Sapia, Stuart Schadt, John G. Turnbull II, Anna Walsh and Alex Walsh. Thank you also to BCBA staff Rachel Ruocco, Amber Gaines and Jacob Bengel for their help in making this such a fun and successful fundraising event.

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March 2021

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March 2021

LAW CLERK SPOTLIGHT

By Alex Walsh

sometimes, more importantly, what not to do! Ms. Cullinan has been applying for post-clerkship government employment, but her clerkship experience has given her pause with regard to what area of the law she will ultimately pursue.

Ms. Cullinan’s family is originally from Ohio, and coupled with her time in Athens, she is a big Bengal’s fan, particularly of Joe Burrow. In her spare time, she enjoys hiking, finding a good podcast, and watching sports, hockey and college football, in particular.

Erin Cullinan Erin Cullinan began her clerkship with The Honorable Ruth Jakubowski in October of 2020. Ms. Cullinan is a Harford County native, who graduated from The John Carroll School in 2012. Ms. Cullinan then went on to pursue an undergraduate degree in Sociology Pre-Law from Ohio University in Athens, Ohio in 2016. While there, she also obtained a minor in Psychology, as well as a certificate in Political Communication. Following graduation Ms. Cullinan stayed in Athens working for a small general practice, Ball Law Office, where she gained exposure to a wide array of legal issues, and had time to prepare for the LSAT. With her interest piqued, Ms. Cullinan returned to Maryland and enrolled in the University of Baltimore School of Law from which she graduated this past spring. While at UB, Ms. Cullinan was a member of the Law Forum, and participated in the Veterans Advocacy Clinic. Ms. Cullinan was recently sworn into the Maryland Bar. Ms. Cullinan credits her clinic experience, along with a great professor (Kim Wehle) with spawning an interest in administrative law as a potential career path. Like most Judicial Law Clerks (present author included), Ms. Cullinan sought out a clerkship to help “see the other side of the bench” and gain some insight into different areas of the law. While COVID-19 has admittedly been a challenge, with a vast majority of her “in court” experience coming virtually, Ms. Cullinan has enjoyed seeing different types of proceedings and the variety that each day may bring.

Ms. Cullinan has also enjoyed watching different attorneys practice and learning what is effective--and THE ADVOCATE

Gina Musto Gina Musto began her clerkship with The Honorable Robert E. Cahill in August of 2020, after previously serving as his intern during law school. She made her way to Baltimore County by way of San Diego, where she attended San Diego State University and graduated in 2016 with a degree in Political Science with a concentration in International Security.

Following graduation, Ms. Musto spent a year employed by one her undergraduate professors. Ms. Musto then enrolled in the University of Maryland School of Law, from which she graduated this past spring. While at Maryland, she served on the Executive Board for the Journal of Business and Technology Law and was the Vice President of the International Law Society. During law school, she interned for the Justice Department, and worked for a summer at Council Baradel, an Annapolis law firm .

Ms. Musto was recently sworn into the Maryland Bar and is on the fence about tackling the California bar exam in the future.

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March 2021

LAW CLERK SPOTLIGHT

PROFESSIONALISM AWARD NOMINATIONS SOUGHT

By Alex Walsh

Ms. Musto was initially drawn to international studies, but developed an interest in criminal law during law school, and found that it was her favorite topic to study for the bar exam. Her interest in criminal law has certainly grown as Judge Cahill’s law clerk, as she has had the opportunity to frequently be in court, despite COVID. While Ms. Musto is still undecided about what area of the law she wishes to pursue in her career, she’s certainly soaking in as much as she can during her clerkship.

The Baltimore County Bar Association is currently soliciting nominations for the 2021 J. Earle Plumhoff Professionalism Award. Nominations are due to the Bar Office by March 19, 2021.

The recipient of the award must have been a member of the Baltimore County Bar Association for at least five years. He or she must have made professional contributions to Baltimore County Bar Association activities, and must have made contributions that Ms. Musto lists walking on the beach in San Diego as have gone largely unnoticed. Finally, the recipient one of her favorite activities, but despite that, she must have high marks for integrity, dignity, and believes she will stay in Maryland for now, as she has civility. a brother who is local and her family has ties to the DC area. In her free time, Ms. Musto likes caring for her Nominate a deserving legal professional by filling plants, especially “Figgy,” her fig plant. After much out this form and describing why you believe this deliberation about what she likes to do outside of person should receive the award, providing work, Ms. Musto decided she certainly shouldn’t say examples of his or her professionalism. The award hiking- because it’s not true- but that she does enjoy will be presented in May, 2021. all of the comic-book derived content that has been Past award recipients include: Myles F. Friedman, increasing in popularity over the past decade.

1984; Richard A. Reid, 2003; Leon Berg, 2005; Hon. Keith R. Truffer, 2006; Carolyn H. Thaler, 2007; Jennifer B. Aist, 2008; Christopher W. Nicholson, 2009; Kristine K. Howanski, 2010; Harris J. “Bud” George, 2011; Mary Roby Sanders, 2012; Robert L. Hanley Jr., 2013; Hon. Robert J. CIVIL LAW UPDATE Steinberg, 2014; Herbert R. O’Connor III, 2015;

By Cee Paizs Drake Zaharris, 2016; Carl Gold, 2017; Dominick Rutz v. Kinoshita, 239 Md. App. 395, 425 (2018). Garcia, 2018 and Hon. Vicki Ballou-Watts, 2019.; Since Wife had the children with her for a significant Suzanne K. Farace, 2020 period of time and that the award of child support would allow for the children to maintain the lifestyle and advantages to which they are accustomed in both home. Finally, the COSA held that the circuit court properly considered Wife’s spending habits, which Husband felt were excessive, as one of many equitable factors in its determinations of alimony and child support.

THE ADVOCATE

CRIMINAL LAW UPDATE

By Susan Zellweger

the presumptive limits, the court has additional factfinding responsibilities. The court must find whether the probationer poses a risk to public safety, a victim, or a witness, after considering various factors. A probationer has a due process right to confront and cross-examine the witnesses whose testimony forms a basis for the court's findings. The court cannot avoid the probationer's due process right by accepting the witness's unsworn statement and prohibiting the probationer from questioning her."

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March 2021

IN CHAMBERS WITH….

THE HONORABLE SHERRIE R. BAILEY: GENTLE REBUFF

By Matt M. Paavola

“I Knew That She Knew That I Knew” It was a magical moment, almost surreal. In the middle of Black History Month, on none other than the birthday of the author of the Proclamation of Emancipation, Abraham Lincoln, the Honorable Sherrie R Bailey agreed to my interview about her personal, and sometimes painful, experiences as a woman of color in a legal system, which for two centuries, was dominated by white males. To put it into perspective, when I entered law school in 1975 the number of minorities (whether Black, female, Asian or Hispanic) among a very large faculty and otherwise progressive administration could be counted on one hand. And here I was, an old, white guy, probing an African American female jurist about her personal experiences with race and the practice of law.

Though unspoken, the sheer irony was evident to all.

Yet, without a hint of discomfort, Judge Bailey did not wait for my first question. Instead, she broke the stillness with warm and gentle conversation, never betraying her awareness of the significance of the interview. But I knew that she knew that I knew the context dripped with irony.

Sherrie Robinson (Bailey) was born in her mother’s home state of Virginia. Her father met his future wife in college, after he had migrated from the rural deep South during the rampant Jim Crow days. Both completed their college education and landed careers THE ADVOCATE

in public service professions. Eventually their respective careers took the family of six to Charles County, Maryland. The eldest of four daughters, Sherrie was engaged in public speaking at a very young age at the local Baptist church where her father, a double Master’s degree holding ordained Minister and licensed clinical social worker, called on her to participate in the worship service. Public speaking would later prove to be her calling card at St. Mary’s College where she also met her future husband.

Fearless about public speaking, she recognized early on that law school fit her skill set.

So, Judge Bailey found herself at the University of Notre Dame School of Law. There she further honed her acquired skills and developed an affection for criminal law. Unsurprisingly, her first gig was in the Office of the State’s Attorney in Baltimore City, where she and her husband had settled. Trial work in the criminal courts of Baltimore City allowed her to merge her affection for speaking and criminal jurisprudence in a challenging career as a litigator for over two decades (including a brief stint in the Office of the Public Defender) while at the same time taking on the even bigger challenge of raising four boys! Governor Martin O’Malley eventually tapped her for the Circuit Court for Baltimore County in 2009. Obviously, the art of persuasion through public speaking continues to be a centerpiece of her career.

“How Long, Lord?” Habukkuk 1:2 Just like Habukkuk’s rebuffs of the nascent Hebrew nation for its moral shortcomings, Judge Bailey gently rebuffs—oxymoron intended-- the fact that Black Americans still have to explain, over and over, the effects of deeply historical racial segregation and discrimination. “How long, Lord”, she laments, “must I explain myself?” But her patience with the process is demonstrated by her agreeing to this very interview. Wincing at the thought of how many times she has been in a largely white gathering when the topic arises, and all eyes turn to her, she realizes

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March 2021

IN CHAMBERS WITH….

THE HONORABLE SHERRIE R. BAILEY: GENTLE REBUFF

By Matt M. Paavola

that racial equality will be hindered unless Black men with one of her sons in school. He was active and and women of her stature use their platform to advance smart. The Judge knew it, but somehow, he was not the cause. So, she sighs, and accepts the calling. considered for the gifted and talented curriculum.

This calling includes fighting for her sons to have equal “Had the administration stereotyped him?”, she opportunities in education, educating her sons to wondered. So, tiger mom confronted the situation, recognize and oppose racism at all levels, promoting out of love for her son, while maintaining dignity, diverse Christian culture at her multicultural church, though it was not necessarily a “gentle” rebuff. His mentoring law clerks, recognizing a more complete mother urged the administration to check out his rendering of American history, embracing the platform standardized testing, as apparently, they had not she has as one of the earliest Baltimore County minority done so. Thankfully, they complied. Sure enough, the school realized that Judge Bailey’s son had been judges ( both as to race and gender, a double whammy, if you will). Judge Bailey is grateful for the fact that overlooked. Was it bias or implicit bias? The point she has reached the pinnacle of her profession and will is that Her Honor was able to redirect his academic not shy away from advancing the cause of racial path to a place where it later blossomed. He is now a graduate of M.I.T. along with a Johns Hopkins equality.

University Master’s degree.

“To note progress isn’t to deny injustices of the past or present--it affirms progress made and still needed.” J. So whom does Judge Bailey most admire in Black American history? On the positive side, you might Whitlock, Black journalist have guessed Abraham Lincoln (respected), Harriet Judge Bailey remains ever mindful of the impact of Tubman (tried and true), Rosa Parks (brave implicit bias. We all have it. It is part of being human. pioneer), Martin Luther King Jr. (obvious hero) or While it is discouraging to recognize that this reality has even more recently, President Barack Obama. If partly contributed to the continuation of racial injustice you guessed any of these you would be wrong. and systemic racism into the 21st century, let’s not Pressed for only one, the Judge named Fannie Lou allow it to tarnish the progress that has been made, Hamer and her unapologetic activism at the top of Judge Bailey reasons. An accurate telling of Black her list. Say what? This old white guy had to history “is a work in progress”. We need to continue scamper to Google for details. educating the American public, in spite of the fact that there will always be some “who don’t want to know or Google taught me that Fannie Lou Townsend understand.” History does affect what takes place. Hamer rose from humble beginnings in the Those who ignore it, as the great adage goes, take the Mississippi Delta to become one of the most risk of repeating it. “But let’s not give partial history”, important, passionate, and powerful voices of the urges Bailey. The continuing problem is recounting our civil and voting rights movements and a leader in entire American history, not just the one American the efforts for greater economic opportunities for primary school teachers taught to the students of Judge African Americans. Hamer, the daughter of sharecroppers, was born in Mississippi in 1917 and Bailey’s generation (and mine), tainted, as it were, by a solely Caucasian Eurocentric viewpoint. We need to died in 1977. She suffered all manner of abuse at the hands of authorities for standing up for the tell the whole story – – albeit forcefully and lovingly. cause of Black suffrage. Once, authorities beat her “I have Decided to Stick With Love; Hate is Too Great so badly over a trifling matter as a young woman a Burden to Bear” Rev. MLK, Jr that the scars and disability stayed with her into For example, Judge Sherrie Bailey cites the experience adulthood. Fannie Lou Hamer’s career soared at the THE ADVOCATE

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March 2021

IN CHAMBERS WITH….

THE HONORABLE SHERRIE R. BAILEY: GENTLE REBUFF

CIRCUIT COURT LAW LIBRARY NEWS COVID Restrictions Update

By Matt M. Paavola

During Phase II of the Judiciary’s COVID response Democratic national convention in 1964 when she Law Library staff will be working remotely. Please fought for Black recognition in the Democratic party, call our regular phone number, 410-887-3086. If no one answers, please leave a message and someone a portend of things to come. will return your call as soon as possible.

And what is a not-so-positive person or moment?

There are many possibilities. But of the most recent While we have limited access to our research materivintage, the judge chafes at the thought of seeing the als, please do not hesitate to call us if you need Confederate flag being paraded inside the Capitol in something. We will provide as much assistance as we possibly can. the year 2021. “How long, Lord? “ Our website, https://www.baltimorecountymd.gov/ go/lawlibrary, will always reflect our current opening Restaurant – It changes regularly but right now status. Thank you for your patience, and stay safe.

CITRON New Titles Sports team – Seriously is that a question? NOTRE The following books were added to the law library DAME FOOTBALL and BALTIMORE RAVENS collection: Ice cream flavor – STRAWBERRY CHEESECAKE The Construction Contracts Book: Annotated AnalyMusic or artist – I’ve been on a Hiatus Kyote and Bill sis and Comparison Of The AIA, Consensusdocs And Withers kick lately EJCDC Contracts Forms, 3RD ed. By Carrie OkizaRadio station – I listen to YOUTUBE MUSIC and ki et al. American Bar Association, 2020. KF SOUNDCLOUD more than radio stations any more.

902 .C59. favorite:

Guilty pleasure – “SAY YES TO THE DRESS”

Construction Disputes and Litigation: Start to Finish Charity – MARYLAND FOOD BANK and ST. by Mark Becker and John Snow. National Business institute, 2020. KF 1355 .B43.

MARY’S COLLEGE OF MARYLAND Book – Currently reading Children of Blood & Bone Cross Examination In a Nutshell by Joseph Bodiford.

West Academic Publishing, 2018. KF 8920 .B63.

by Tomi Adeyemi Cybersecurity and Privacy Law In A Nutshell by Jay Kesan and Carol Hayes. West Academic Publishing, 2019. KF 390.5 .C6 .K475.

Movie – IT’S A WONDERFUL LIFE Travel destination - DUBAI Deceased member of the Baltimore County bar you miss the most; COUNTY CIRCUIT COURT JUDGE JAMES S. SFEKAS

Famous person, dead or alive, you would like most to meet – Aviation pioneer Bessie Coleman Had you not chosen the law what career might you have chosen - MEDICINE

THE ADVOCATE

Page 18

March 2021

PRENUPTUAL AGREEMENTS AND THE FAMILY BUSINESS

By Kathleen Wobber

Negotiating prenuptial agreements can be a minefield, particularly when the family business is at stake. This was the issue addressed at the “Prenup Woes” seminar, jointly sponsored by the Baltimore City and County Family Bar Sections. The program opened with the family business attorney Herbert “Tripp” Burgunder calling a meeting with the attorneys for the young, engaged couple to discuss his concerns regarding the effect of the impending nuptials upon the family business. A lively “prenup” negotiation ensued with Mary Sanders (representing the heir apparent to the family business) and Richard Jacobs (representing the young man marrying into the family). A complex fact pattern introduced many wrinkles, including inequal wealth, premarital debt service, gifted real property mixed with marital efforts, business capital improvements vs. payment of salary, and manipulation of compensation.

stating the parties are familiar with the assets and no valuation is being performed.

The panel discussed that while child support could not be addressed in a prenup, a court would look not only at stated salary but also benefits and gifts given to a spouse by the family business, which would constitute income to the spouse. The panel suggested arbitration on the issue of assessing income, in order to preserve the confidentiality of the family business financials.

The panel noted that even with the best agreement, couples are human and may not follow through on the provision of the prenup related to titling of assets.

Richard noted that retitling of assets just before a divorce in order to remove them from the marital estate could be considered “divorce planning,” but Mary noted that if the titling takes place over a longer time period this would be a more difficult The panelists noted that prenups are negotiated vis-à- situation. vis a future court proceeding, yet the point of prenups is to prevent litigation. Thus, counsel for the spouses Although the fact pattern included two working must anticipate matters from their clients’ point-of- spouses, the panel noted that if one spouse is a stayview, but Tripp noted that the business ultimately must at-home parent and out of the workforce for a period make decisions which are in its own best interest, of time, it would be crucial to negotiate alimony based on years of marriage. Vesting and “sunset” regardless of the couple’s agreements. provisions were discussed. All agreed it would be Mary shared that in negotiating prenups, “you would malpractice to waive alimony in a prenup for young not want to screw up someone’s marriage” and as such, couples anticipating children. The panel also the attorneys “walk a fine line.” Richard noted that it considered the same fact pattern with a couple in is conceivable that the clients will be married without a their 50’s. prenup, and “alternative planning” is needed.

The “Prenup Woes” seminar video is available on the The discussion wound through the various fact pattern BCBA YouTube channel. The fact pattern and list of issues and applicable case law. It was noted that while case law is available for download to Baltimore the company may have a buy/sell agreement to protect County Bar Association Family Law Committee a partner’s interest in the company, case law holds that members by signing into www.bcba.org, going to in divorce, the court does not need to accept buy/sell MyBCBA then “Family Law Committee” under “My agreements and may disregard in favor of a fair market eCommunies” link. valuation. Therefore, it is particularly important to protect business interests via a prenuptial agreement.

With regard to assets, and consistent with case law holding that an agreement is valid provided there is “working knowledge” of the assets, the panel recommended that the prenup include a preamble THE ADVOCATE

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March 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021 UPDATE

By Thomas Tompsett, Jr.

The Maryland General Assembly bill introduction deadlines have passed in both chambers, with members submitting a total of 2,229 pieces of legislation to date. The body has also taken up a series of veto overrides on legislation from the previous session. In this Maryland General Assembly Session 2021 update, we will review a few of the significant veto overrides before we get to legislation that may impact you and the practice of law, as well as updates on bills mentioned in the last edition of the Advocate.

Veto Overrides Digital Advertising Tax: With a veto override, Maryland becomes the first state in the country to enact a digital advertising tax. The General Assembly hopes that HB 732 of 2020 will provide significant revenues to support sweeping education reforms in the state, discussed below. The State will impose the tax on a person's annual gross revenues derived from digital advertising services on a digital interface, including advertisements in the form of banner advertising, search engine advertising, interstitial advertising, and other comparable advertising services in the state. The Tax is calculated based on a fraction that compares the annual gross revenues derived from digital advertising services in Maryland to the annual gross revenues derived from digital advertising services in the United States

It should come as no surprise to the lawyers reading this that a lawsuit has already been filed in federal court seeking a "declaration that the Act is unlawful and an injunction against its enforcement."

The bill also includes an increase of the state’s tobacco tax, as well as an expansion of the tax to electronic smoking devices.

Blueprint for Maryland’s Future: The Maryland General Assembly overrode Gov. Larry Hogan’s veto of House Bill 1300, a comprehensive K12 education measure, named the Blueprint for Maryland’s Future. The Blueprint bill is a 10-year plan that would expand pre-kindergarten programs and boost school funding by billions of dollars for schools with high concentrations of poverty, create new career pathways for high schoolers who don’t plan to attend college, increase teacher’s pay and career opportunities, and establish an accountability board to ensure that the government and school districts properly implement the Blueprint plan.

Long Guns: With the override of Senate Bill 208/House Bill 4 (2020), licensed armed dealers will now mediate the sale, rental, or transfer of rifles and shotguns by third parties as if selling from their own shop, including conducting background checks, following state and federal laws and charging a fee.

Proponents of the legislation contend that it closes loopholes as it relates to firearms transfers. Opponents The Tax is imposed on a graduated rate scale, unsuccessfully argued that this law simply criminalizes based on the taxpayer’s global annual gross revenues, hunters and gamesmen. as follows: Juvenile Records: Senate Bill 314 received a • 2.5% for companies with global annual gross veto override. This bill requires police and court revenues of $100 million through $1 billion copies of juvenile records to remain private unless a • 5% for companies with global annual gross child is tried as an adult for a violent crime. revenues greater than $1 billion through $5 Prescription Drug Affordability Board billion Funding: In 2019, the Maryland General Assembly • 7.5% for companies with global annual gross created the Prescription Drug Affordability Board to revenues greater than $5 billion through $15 identify ways of reducing the cost of prescription drugs. In 2020, the General Assembly passed Senate billion Bill 669 and House Bill 1095 to create a funding 10% for companies with global annual gross revenues source for the panel by establishing an assessment on exceeding $15 billion. drug manufacturers, insurers, and pharmacy benefits THE ADVOCATE

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March 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021 UPDATE

By Thomas Tompsett, Jr.

managers. The revenue raised from the assessments would allow the board to hire researchers to investigate high drug prices and then recommend policy measures on how to reduce the cost of drugs.

Legislation & the Practice of Law

standard vendor credit authorized under the current law if the business files a timely sales and use tax return or consolidated return and the gross amount of sales and use tax remitted with the return does not exceed $6,000;

(4) excludes fiscal 2020 and 2021 from the Let’s take a minute to review a few of the bills that may impact the actual practice of law or how you run multi-year lookback periods generally used to establish employer unemployment insurance taxes your practice: each year (this provision terminates June 30, 2025); Senate Bill 787/HB 1200: Digital (5) exempts from the State income tax in tax Advertising Gross Revenues Tax - Exemption and years 2020 and 2021 a coronavirus relief payment Restriction received by a person. A “coronavirus relief payment” The bill exempts a broadcast entity and news media includes a federal, state, or local government grant or entity from the digital loan applied for on or after March 5, 2020, and advertising gross revenues tax by establishing that provided to a person for the purpose of assisting with the economic hardships resulting from the coronavirus digital advertising services do not pandemic; and include advertisement services on digital interfaces (6) authorizes Commerce to forgive up to owned or operated by or operated on behalf of a $50,000 of a loan if the loan was made to a small broadcast entity or news media entity. In addition, the bill also prohibits a person who derives gross business under the Equity Participation Investment revenues from digital advertising services in the State Program (EPIP) within the Maryland Small Business from directly passing on the cost of the tax imposed Development Financing Authority (MSBDFA). to a customer who As emergency legislation, this bill took effect with the purchases the digital advertising services through a Governor’s signature. separate fee, surcharge, or You should also note that leadership in the Maryland General Assembly are advancing legislation, Senate line-item.

Bill 218/Houses Bill 143, to make noncitizen workers, Senate Bill 496/House Bill 409: Recovery who were omitted from the RELIEF Act described for the Economy, Livelihoods, Industries, above, eligible for coronavirus relief by extending the Entrepreneurs, and Families (RELIEF) Act earned income tax credit benefits to taxpayers who use The Maryland General Assembly passed, and the individual taxpayer identification numbers.

Governor signed Senate Bill 496/House Bill 409: Senate Bill 669/House Bill 902: RELIEF Act. As a form of coronavirus relief, the bill Constitutional Amendment - Civil Jury Trials does the following: This proposed constitutional amendment increases, (1) provides up to $750 in economic impact from more than $15,000 to more than $30,000, the payments to a taxpayer who claims the State earned amount in controversy in civil proceedings in which income tax credit in either 2019 or 2020; the right to trial by jury may be limited by legislation.

(2) exempts unemployment insurance benefits If passed, this act would be submitted to the voters at from the State income; the next general election to be held in November 2022 (3) authorizes businesses to retain an for adoption or rejection. increased sales and use tax vendor credit in lieu of the THE ADVOCATE

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March 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021 UPDATE

By Thomas Tompsett, Jr.

Senate Bill 670/House Bill 899: Courts - Civil Jury Trials Amount in Controversy

notarial acts through “communication technology” to include wills and trust instruments.

SB670/HB 899 makes the statutory changes necessary to implement the constitutional amendment proposed by Senate Bill 669/House Bill 902 of 2021. The bill prohibits a party in a civil action from requesting a jury trial if the amount in controversy does not exceed $30,000, exclusive of attorney’s fees if attorney’s fees are recoverable by law or contract. The bill applies prospectively to civil actions filed on or after the bill’s effective date. The bill is contingent on the adoption by the voters of a constitutional amendment (Senate Bill 669/House Bill 902 of 2021), increasing the amount in controversy in civil proceedings in which the right to trial by jury may be limited by legislation.

HB 1008: Failure to Pay Rent Proceedings – Sealing of Court Records

This bill requires the District Court, within 30 days after the final resolution of a failure to pay rent proceeding that did not result in a judgment of possession, to seal all related court records. Upon motion by a tenant, the court may seal all court records relating to a failure to pay rent proceeding that results in a judgment of possession if (1) the tenant demonstrates by a preponderance of the evidence that the tenant exercised the right of redemption and at least 12 months have passed since the final resolution of the proceeding that the tenant seeks to seal or (2) the District Court determines that it is in the interest of justice that the court records House Bill 243: Family Law - Grounds for relating to the failure to pay rent proceeding to be Divorce sealed. The District Court must seal the court records This bill alters the grounds for a limited and an within 30 days after granting the tenant’s motion to absolute divorce by adding the ground of seal. “irreconcilable differences” if the marriage is HB 697: Residential Property irretrievably broken and there is no reasonable Eviction Proceedings - Shielding of expectation of reconciliation. For an absolute divorce, Court Records the bill alters the conditions that determine separation The bill’s provisions are applicable to by requiring the parties to have lived separate and landlord-tenant actions brought under Title 8, apart without cohabitation for six (6) months, instead Subtitle 4 of the Real Property Article (e.g., failure to of twelve (12) months, without interruption before the pay rent, tenant holding over, and breach of lease), filing of the application for divorce. The bill also adds specified actions pertaining to the nonpayment of the ground of a “6-month waiting period” if one of the ground rent, and actions for the repossession of a parties has filed for a limited divorce at least six (6) mobile home. months before the filing of the application for divorce.

Finally, for absolute divorce on the ground of If a court issues a warrant of restitution or warrant of desertion, the bill alters, from twelve (12) months to possession to a party in an action, the court must six (6) months, the time for which the desertion must cease shielding the records associated with the action have continued without interruption before the filing unless, no more than five (5) days after the issuance of a warrant, the parties submit to the court a written of the application for divorce. statement expressing mutual agreement to the This bill has passed the House and will now move to continued shielding of the court records. Upon the Senate for consideration. receipt Senate Bill 735/House Bill 1265: State of a statement expressing mutual agreement to the Government - Notarial Acts - Remote Notarizations shielding of the court records, the court must This bill would expand the availability of remote continue to shield all court records associated with THE ADVOCATE

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March 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021 UPDATE

By Thomas Tompsett, Jr.

the action.

requirement that a complaining witness consent to House Bill 1187: Juvenile Law - Juvenile diversion, and allowing more types of offenses to qualify for pre-court diversion.

Justice Reform Update - Senate Bill 486/House Bill 581: HB 1187 is the partial work product of the Juvenile Labor and Employment - Employment Standards Justice Reform Council. This bill focuses on four (4) During an Emergency (Maryland Essential sweeping policy changes to Maryland’s Annotated Workers' Protection Act) Code aimed at improving Maryland’s juvenile justice Specifically including “lawyers and law firms” in the system. The areas of policy change include: definition of essential employers, this emergency 1.

Minimum Age of Jurisdiction legislation requires, among things, that an essential Maryland currently does not have a minimum age of employer during an emergency provide working prosecution for kids charged with crimes. conditions that “reduce physical harm and mental Unfortunately, children as young as six (6) years of age distress and detriment and ensure physical health and have faced arrest and the prospect of entering the safety.” The bill requires employers to provide juvenile justice system despite not having the capacity necessary personal protective equipment and follow to formulate the requisite mens rea with respect to a all federal and state health and safety protocols. crime. HB 1187 takes sets a general minimum age of Finally, an essential employer shall provide “hazard prosecution at thirteen (13) years of age and a pay for each pay period that the essential worker delineated violent crime floor for children ten (10) works. . .of $3.00 per hour[.]”. While the bill states years of age and older. in its enabling language that it only applies prospectively as to hazard pay, the plain language of 2.

Juvenile Detention Utilization the bill states that “an essential worker is eligible for HB 1187 would prohibit the out-of-home placement of hazard pay dating back to the start of the justice-involved youth for misdemeanor offenses or emergency.” technical violations of probation.

While this bill has been heavily debated, it has not 3.

Juvenile Community Supervision/Probation yet received a vote in either chamber. The bill HB 1187 restructures the amount of time that a young sponsors plan on convening a stakeholders’ person can be on juvenile court probation. HB 1187 workgroup to hammer out amendments on the bill. would set a maximum initial term of probation at six At this time, that hazard pay portion of the bill more (6) months for misdemeanors (max extension twelve than likely will be scaled down or amended out (12) months), twelve (12) months for most felonies completely. (max extension forty-eight (48) months), and a Update - House Bill 268: Criminal Trials maximum of twenty-four (24) months for the most Spousal Privilege – Exception serious crimes (max extension to age of twenty-one House Bill 268 establishes that the spouse of a (21) years old). person on trial for a crime may be compelled to 4.

Juvenile Diversion testify as an adverse witness if the person on trial DJS defines diversion as “a program or practice where and the spouse married after the date on which the the primary goal is to reduce the occurrence of juvenile alleged crime for which the person is on trial crime by diverting youth from the traditional juvenile occurred. justice system and providing an alternative to formal This bill has passed the House and will head to the processing.” HB1187 makes it easier for stakeholders Senate. to return a case for informal processing, eliminating the THE ADVOCATE

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March 2021

THE PROFESSIONAL LAWYER: THE IMPORTANCE OF CIVILITY

By Suzanne K. Farace

The first sentence of Appendix 19-B of the Maryland Ibid. This section further instructs us that: Attorneys’ Rules of Professional Conduct (“MARPC”) “An attorney should understand that: entitled, “Ideals of Professionalism,” states that “[p] (1) professionalism requires civility in all rofessionalism is the combination of the core values of dealings, showing respect for differing points personal integrity, competency, civility, independence, of view, and demonstrating empathy for and public service that distinguish attorneys as the others; caretakers of the rule of law.” (emphasis added).

(2) courtesy does not reflect weakness; rather, Appendix 19-B further provides, in the section titled, it promotes effective advocacy by ensuring “Fairness, Civility, and Courtesy,” that: that parties have the opportunity to participate in the process without personal attacks or “An attorney should: intimidation; (1) act fairly in all dealings as a way of (3) maintaining decorum in every venue, promoting the system of justice; especially in the courtroom, is neither a relic (2) understand that an excess of zeal may of the past nor a sign of weakness; it is an undermine a client's cause and hamper the essential component of the legal process; administration of justice and that an attorney (4) professionalism is enhanced by preparing can advocate zealously a client's cause in a scrupulously for meetings and court manner that remains fair and civil; appearances and by showing respect for the (3) know that zeal requires only that the client's court, opposing attorneys, and the parties interests are paramount and therefore warrant through courteous behavior and respectful use of negotiation and compromise, when attire; appropriate, to achieve a beneficial outcome, (5) courtesy and respect should be understanding that yelling, intimidating, demonstrated in all contexts, not just with issuing ultimatums, and using an ‘all or clients and colleagues, or in the courtroom, nothing’ approach may constitute bullying, not but also with support staff and court zealous advocacy; personnel; (4) seek to remain objective when advising a (6) hostility between clients should not be a client about the strengths and weaknesses of ground for an attorney to show hostility or the client's case or work; disrespect to a party, an opposing attorney, or (5) not allow a client's improper motives, the court; unethical directions, or ill-advised wishes to (7) patience enables an attorney to exercise influence an attorney's actions or advice, such restraint in volatile situations and to defuse as when deciding whether to consent to an anger, rather than elevate the tension and extension of time requested by an opponent, animosity between parties or attorneys; and and make that choice based on the effect, if (8) the Ideals of Professionalism are to be any, on the outcome of the client's case and not observed in every kind of communication, and on the acrimony that may exist between the an attorney should resist the impulse to parties; respond uncivilly to electronic (6) when appropriate and consistent with duties communications in the same manner as he or to the client, negotiate in good faith in an effort she would resist such impulses in other forms to avoid litigation and, where indicated, of communication.” suggest alternative dispute resolution; (7) use litigation tools to strengthen the client's case, but avoid using litigation tactics in a Ibid. While much of this may seem obvious or selfmanner solely to harass, intimidate, or evident, we have all had occasions where we had to check ourselves, or check one of our colleagues, in overburden an opposing party; and (8) note explicitly any changes made to order to uphold these principles. We are all human, documents submitted for review by opposing have blind spots, are under a wide variety of attorneys, understanding that fairness is pressures, and have tempers. None of us are perfect. undermined by attempts to insert or delete language without notifying the other party or Lawyers are, by nature, very goal-oriented and driven to succeed. We are often under a great deal of stress, the party's attorney.”

THE ADVOCATE

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March 2021

THE PROFESSIONAL LAWYER: THE IMPORTANCE OF CIVILITY

By Suzanne K. Farace

no doubt made worse by the current pandemic.

Particularly when our clients are enmeshed in an intense and emotional legal matter (such as a criminal case, a family law case, a personal injury case, an estate case, a business or contract dispute, etc.), it is easy to become influenced by the clients’ animosity and other negative emotions. We have all had clients who objected to our friendly greeting to an opposing counsel or who chastised us for being “too nice” to an opposing party. As one author and attorney notes: The individual lawyer is the guardian of the tone of interactions that will serve both the client and the legal system well. Clients may not understand these limits. Many clients are under the misconception that because they hired the lawyer, they have the power to dictate that lawyer’s conduct. It falls to the lawyer to manage and correct that expectation and to let the client know the lawyer is more than a “hired gun.” In practice, that often means refusing a client’s demand to act uncivilly or to engage in sharp or unethical practices with other parties in a case or matter.

What would you add to this list? Certainly, the Family Law Committee and other committees have successfully built collegiality through dinner meetings (back when we could do that, hopefully again soon).

The same has been true of the various law clubs.

Working on a project or event for the Bar Association or participating in the Bar Association’s many social activities (as soon as we can do those again) can certainly also be helpful.

As Ms. Reardon summarizes: As the research conclusively bears out, (1) civil lawyers are more effective and achieve better outcomes; (2) civil lawyers build better reputations; (3) civility breeds job satisfaction; and (4) incivility may invite attorney discipline. Not only does our profession require us to be civil, and it is simply the right thing to do, but professionalism among lawyers is required by the larger American society in order to preserve a great profession and survive as a civil society bound to the Rule of Law.

Excerpt from “Civility as the Core of Excerpt from “Civility as the Core of Professionalism” by Jayne R. Reardon, published by Professionalism” by Jayne R. Reardon, published by the American Bar Association on September 18, the American Bar Association on September 18, 2014.

2014.

If you are interested in reading more on this the So, how do we deal with such things and maintain our intersection of the practice of law, professionalism, professionalism? Certainly, every member of the Bar and civility, you may wish to read the entire article by has his or her own way of trying to successfully Ms. Reardon which can be found here: https:// navigate these occasions, but here a few to consider: www.americanbar.org/groups/business_law/ publications/blt/2014/09/02_reardon/. If you are 1. Reread the above sections of Appendix 19- interested in the concept of civility as it relates to life B. in general, consider reading “Choosing Civility: The 2. Pick your battles. Is the behavior worth Twenty-Five Rules of Considerate Conduct” (2002) or making an issue?

“The Civility Solution: What to Do When People Are 3. Do not respond immediately or hastily.

Rude” (2010), by the late local author and professor, When possible, give it some time. Sleep on P.M. Forni. it. Writing is cathartic, but you are undoubtedly going to want to edit that first draft.

4. Get feedback on the situation or your proposed communication from a trusted Professor Forni, who passed away in December 2018, colleague who may well have a more was the co-Founder of the Johns Hopkins Civility objective perspective.

Project, also known as the Civility Initiative at Johns 5. If you succumb, apologize. Pick up the Hopkins. https://krieger2.jhu.edu/civility/. Other than telephone and try talk it out. having had the good fortune of having previously 6. If someone else responds to you in this heard Professor Fiorni speak, this writer has no way, let it go. Don’t take it personally. affiliation with him or the Civility Project/Initiative.

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MVLS EXPANDS HUMAN TRAFFICKING PREVENTION PROJECT

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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 2020-2021 Lawyer Referral & Information Service Panel Application is available now so please renew. If you are considering joining Lawyer Referral for the first time and have any questions, contact LRIS Coordinator, Jacob Bengel at jbengel@bcba.org. All current panel members should have received the new application via email. Remember...You can join or renew at any time!

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.

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2021 LAW DAY THEME ANNOUNCED

WELCOME NEW BCBA MEMBERS! 1st Year Attorneys: Megan Taylor Sunderland Alexandra Brooke Rizzo Michael Joseph DeStefano Alexandra S. Pritchard 6+ Years Attorneys: Williams Fields Government/Non-Profit Denice Gardner

The theme for Law Day 2021 is Advancing the

Rule of Law Now The rule of law is the bedrock of American rights and liberties—in times of calm and unrest alike. The 2021 Law Day theme—Advancing the Rule of Law, Now— reminds all of us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice.

The BCBA will hold Law Day ceremonies on Monday, May 3.

MEMBER NEWS

Jessica Ayd has joined the law firm Goodell DeVries as an associate in the firm's Medical Malpractice Practice Group.

Jessica focuses her practice on the defense of health care providers and institutions in medical malpractice litigation. She has experience in all aspects of complex civil litigation in matters before state and federal courts and has served as first chair in several jury trials.

Prior to joining Goodell DeVries, Jessica was a civil litigation attorney at a private law firm where she concentrated her practice in general liability defense, medical malpractice, and construction. Before entering private practice, she was a law clerk for the Honorable Arlene Coppadge and THE ADVOCATE

the Honorable Robert Coonin of Family Court of the State of Delaware.

Jessica was also a volunteer for the United States Peace Corps in the Republic of the Fiji Islands, where she served as Health Promotion Advocate at the Lelean Memorial School. In that role, Jessica designed and facilitated adolescent reproductive health classes.

She is a graduate of the University of Maryland School of Law (J.D., 2011) and the University of Maryland, College Park (B.A., summa cum laude, 2006).

Jessica was named to the Best Lawyers "Ones to Watch" list for 2021, and she was selected as a Rising Star by Maryland Super Lawyers in 2019.

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

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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 TIMONIUM – Sublease available for Class A office space, 1-3 furnished offices, close proximity to I-83, spacious conference room, kitchen, ample parking, deli and fine dining restaurant on premises. Contact info@vallitadvisors.com if interested.

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

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

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

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

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

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

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

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

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

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.

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