THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVIII, NO. 11
May 2019
PRESIDENT’S MESSAGE by Rebecca A. Fleming Bill Clinton once said, “[y]ou know, it’s just one small step from legacy to lame duck.” With two months left before I turn the reigns of the BCBA over to President Elect Mike Siri, I am stepping carefully. While I still have work to do in my capacity as the current President, Mike Siri is hard at work putting together the budget for next year, as Secretary Jay Miller has worked to assemble his team of Vice Chairs. Both tasks are as daunting as they are crucial. Over the past decade, as Presidents have come and gone, I watched as each one made changes to the BCBA, some small and understated, small much more obvious, such as when Past President Tirabassi brought fee sharing to the LRIS. As I enter the home stretch of my tenure at the helm, I find myself focusing more and more on what lasting impression I may make on this organization. Lately I have been focused on our charity partner –
the American Foundation for Suicide Prevention (AFSP). We have raised a tremendous amount of money for our charity, and we still have several more ways to add to that number. On April 25, 2019 we will hold our very first Bar Wars Trivia Night at C&R Pub in Towson from 6:30 p.m. until 8:30 pm. As I mentioned in my last message, we did sell out of the tables that are available in the venue. However, you can still join us, even if you do not have a table or a team. Anyone who wants to join a team should contact Rachel Ruocco, because some teams are still looking to fill out their team roster. There will be plenty of space around the bar and C&R Pub will be donating ten percent of whatever food and drinks are purchased to AFSP.
Inside This Edition Bench/Bar Update Bull & Oyster Roast Calendar of Events Committee News Civil Law Update Criminal Law Update County Council Update Court Notices District Ct Assignments Family Law Program Law Library News Member Ads Member News Portrait Committee Save the Date flyer
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PRESIDENT’S MESSAGE by Rebecca A. Fleming We will have a few raffles and a few silent auction items – including a trip voucher for six people
to raise more and more for our future charity partners.
We then have our Annual Golf Tournament at Eagle’s Nest Country Club on Wednesday, May 29, 2019. That will be our last large charity event, and the Entertainment Committee led by Leanne Shrecengost (Chair) and Craig Borchers (ViceChair) are already hard at work planning the event. You may hear from one of them about sponsoring a tee hole or putting a team together. I have heard over the past few years that many of our more serious golfers would prefer a return to a private club, so we are hopeful that the change in location will lead to higher participation.
Consider this message to be a final plea to help us to rise funds for the AFSP. If you are someone who I have already personally asked to donate and participate, and you have, I want to thank you. If I haven’t personally reached to you, it was an oversight on my part, and I am asking you now!
Rebecca A. Fleming, Esquire BCBA President, 2018-2019
Don’t forget that you can donate to the AFSP whenever you register for any event. Every flyer encourages you to “Give Five,” but you can really donate any amount to the charity, and at any time. I have been amazed at the number of people who will just call Rachel Ruocco and make a donation. I thought I knew everything about this association, and its members, when I was installed as President, but I had no idea that our members could be so generous. Why such a big push for our charity in this, my penultimate President’s Message? Because I believe that we are about to set a fundraising record this year. And I would like to see how much more we can raise in the next two months. Since the golf event will not occur until after my final message will go to print, I will not be able to announce the total in my last column. However, I will give an update next month. I am hopeful that many of you will be able to attend the Stated Meeting on June 21, 2019, when I will be announcing the amount that we raised as I present a check to a representative of the American Foundation for Suicide Prevention. If I am lucky, newly installed President Siri will be willing to include that number in his first message. Over the course of the last year I have learned that this association has the ability to make a difference for our charity partners. I am hopeful that, in raising the bar this year (no pun intended), we will continue
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C ALENDAR
2018-19 Officers President Pres-Elect Secretary Treasurer
Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann, Jr.
Executive Council John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Adam T. Sampson, Immediate Past President
1. 1. 7. 8. 9. 10.
Ari J. Kodeck Committee Chair
16.
Adam E. Konstas Committee Vice-Chair
22.
Michael Barranco Craig Borchers Bruce Friedman Ilene Glickman Ari Kodeck Cee Cee Paizs Adam Phillips Matt Wyman
The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.
E VENTS
May 2019
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Contributing Writers
OF
23. 27. 29. 30. 30.
Law Day Breakfast, 7:30am, Martin’s Valley Mansion, 594 Cranbrook Rd, Cockeysville Law Day Noon Ceremony, 12:00pm, Ceremonial Courtroom #5, 400 Washington Avenue, Towson Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Lawyer in the Lobby Clinic, 4:30 —6:30pm Bench/Bar Meeting, 8am. 4th Floor Conference Room Orioles Night at the Yard, 7pm, Oriole Park at Camden Yards Family Law Committee, 5pm, Legislative Update followed by Happy Hour, Grand Jury Room & C&R Pub Estates & Trusts Committee, 5pm, Annual Dinner, Country Club of Maryland Family Law Committee, 12pm, High Conflict Custody, Grand Jury Room Memorial Day—Courts and Bar Office Closed Annual Golf Tournament, 12pm, Eagle’s Nest Country Club, 12801 Stone Hill Rd, Phoenix Young Lawyers Happy Hour, 5pm, The Point, Towson Criminal Law Committee, 5:30pm, Happy Hour, CVP, 19 West Pennsylvania Ave, Towson
June 2019 6.
Bench/Bar Meeting, 8am, 4th Floor Conference Room 12. Lawyer in the Lobby Clinic, 4:30 —6:30 12-15 MSBA Annual Conference, Clarion Hotel, Ocean City 20. Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom #5 20 Stated Meeting and President’s Reception, 4:30 p.m. Ceremonial Courtroom #5
Publication deadline: 10th of the month preceding publication.
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COURT NOTICES
FAMILY LAW DIVISION ASSIGNMENTS The following judges will serve in the Family Division for six months effective July 1, 2019:
The following judges will serve in the Family Division for six months effective January 1, 2019�
Judge Robert E. Cahill, Jr.
Judge Paul J. Hanley
Judge H. Patrick Stringer, Jr.
Judge Julie L. Glass
Judge Dennis M. Robinson, Jr.
Judge Kathleen G. Cox
Judge C. Carey Deeley, Jr.
Judge Andrew M. Battista
Judge Vicki Ballou-Watts
Judge John J. Nagle III
Judge Judith C. Ensor
Judge Jan Marshall Alexander
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CASA
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BALTIMORE COUNTY
CASA will be hosting a screening of a movie called Friday's Child (see attached description) at the Towson Cinemark Theatre on Tuesday, May 7th 2019. The movie is being presented by Mattress Firm who has given us a generous grant to do some of our fun activities with the kids (Glory Days, Build-a-Bear, Laser Tag, etc.). The event will only take place if we sell 83 tickets ($13.00 a piece), so please consider sharing the link with friends and family and coming out to watch the movie with us! **You will follow the link below to purchase the tickets but please note that your credit card will NOT be charged unless we reach the 83-person threshold - if we do not sell all the tickets we will not be holding the screening. https://onbuzz.tugg.com/events/friday-s-child-_zlj ***ALL TICKETS MUST BE PURCHASED IN ADVANCE BEFORE APRIL 30TH, 2019
Below are the details: Tuesday, May 7, 2019 7:30pm Cinemark Towson and XD 111 East Joppa Rd. Towson, MD 21286 https://onbuzz.tugg.com/events/friday-s-child-_zlj
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BENCH/BAR UPDATE By Bruce E. Friedman The seventh meeting of the Bar year was held on March 14, 2019. Following the call to Order by Chairperson Fred Allentoff, Circuit Court Administrative Judge Kathleen Cox reported that the MDEC conversion was a smooth one. Although there were no major issues, the users’ adjustment to it is ongoing. At the outset there were 700-800 filings on a daily basis. There is a backlog of 4500-4700 matters, and the Clerk’s Office is three (3) days behind on docketing Civil matters. Family Law matters are more than two (2) weeks behind, and Criminal Law matters are facing docketing delays due to time-consuming scanning. Judge Cox expects that it will take approximately four (4) months to catch up. She requested everyone’s patience. District Court Administrative Judge Dorothy Wilson echoed Judge Cox’s comments, but added that the numbers are even greater in the District Court. She remarked that the clerks are doing a wonderful job. District Court Administrative Clerk Maria Fields reported that her office has been inundated with filings. Julie Ensor, Clerk of the Circuit Court, shared that the Clerk’s Office had processed twenty thousand (20,000) envelopes to date, and that another forty-five hundred (4,500) were pending. She also stated that there were fourteen (14) vacancies in her office at the present time. Our president, Rebecca Fleming, announced three (3) upcoming Bar events. A trivia contest benefitting the American Foundation for Suicide Prevention will be held on April 25th at the C & R Pub. The entry fee per team is $100.00. On May 29th, the BCBA will hold its annual golf tournament at Eagle’s Nest Country Club. Last, but not least, the Stated Meeting of the BCBA is scheduled for June 20th at 4:30 p.m. in Ceremonial Courtroom No. 5. Among other things, Michael Siri will be installed as president.
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Judge William Somerville advised that Erin Cancienne had been appointed to an Administrative Law judgeship. ALJ Cancienne received both her undergraduate and law degrees from Louisiana State University. Prior to her appointment, she had been a partner at the law firm of DeCaro, Doran, Siciliano, Gallagher & DeBlasis. Magistrate Wendy Schenker reported that Scheduling Orders will no longer be provided at Scheduling Conferences. Instead, they will be mailed to all parties. She added that, when Complaints are filed, summonses will no longer be mailed to lawyers – only to self-represented litigants. Lawyers will need to download them directly from MDEC once the filing has been accepted. On behalf of the Office of the State’s Attorney, Deputy State’s Attorney John Cox advised that the MDEC conversion went smoother than expected. District Public Defender Don Zaremba stated that omnibus motions are no longer permitted to be filed due to MDEC. Instead, three (3) separate motions containing what had been the substance of an omnibus motion are now required. The extra time necessary to prepare and file the multiple motions is presenting a challenge to the Office of the Public Defender. Our Criminal Bar representative, Lenny Shapiro, reported that advance postponement requests will no longer be accepted by the Baltimore City Circuit Court as of March 7, 2019. Postponement requests may be made on the trial date in Reception Court. If the postponement request is granted and counsel is unavailable due to illness, vacation, etc., the covering attorney must have access to counsel’s calendar as the case will not be postponed back to Part 45 or 46. Instead, it will be set for trial in a trial court for a future date.
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BENCH/BAR UPDATE By Bruce E. Friedman Family Law Committee Chair Laurie Wasserman pointed out that if one files a request for a hearing, it needs to be filed as a separate envelope. She announced three (3) upcoming events. A dinner meeting is scheduled for March 21st at the Woodholme Country Club. The topic is Sexual Abuse Allegations, and Fred S. Berlin. M.D. and Cynthia Batchelder, Esq., are slated to speak. A program on Parent Coordination will be held on April 9th at noon at the Courthouse as part of the Brown Bag Lunch Series. On April 17th, the 2nd Annual Multi-Jurisdictional Family Law dinner will be held featuring judges from Baltimore City, and Baltimore, Carroll, Harford, and Howard Counties. Cocktails are at 5:30 p.m. The venue is the Woodholme Country Club, and registration is through the Baltimore City Bar Association. Young Lawyers Committee Chairperson, Craig Borchers, reminded everyone that the annual Bull Roast will be held on March 31st at the American Legion Hall on York Road. Under new business, Harry Chase reported that the list of portraits to be created has been cut in half. There was a “gigantic” turnout for Judge Turnbull’s portrait unveiling ceremony, and the event went very well. Three (3) new portraits are works in progress. The minutes of the February 14, 2019 meeting were approved, and the meeting was adjourned at 8:43 a.m. The next meeting of the Bench/Bar Committee is scheduled for April 11, 2019.
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COUNTY COUNCIL UPDATE By Adam M. Phillips zones. However, Section 421.1 only applies to private kennels. Section 421.2 of the Special Regulations sets forth similar requirements for office, business, and manufacturing zones and applies to both private and commercial kennels.
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. At its April 1, 2019 Legislative Session, the Baltimore County Council approved Bill 7-19 amending the Baltimore County Zoning Regulations regarding the required setbacks for kennels in residential zones. Under current law, the Zoning Regulations differentiate between a private kennel and a commercial kennel. Both private and commercial kennels are permitted uses in the B.R. (Business Roadside) Zone, and are special exception uses in the M.H. (Manufacturing Heavy) Zone and all R.C. (Resource Conservation) Zones. Section 421.1 of the Special Regulations sets forth particular requirements for kennels in residential
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While Section 421 does not contemplate a commercial kennel in a residential zone, the special exception uses in the Regulations allow for such. Bill 7-19 clarifies that in the case of a kennel, regardless of whether it is commercial or private, the use must conform to the Special Regulations set forth in Section 421.1 that require a 200-foot setback from any part of the use to the nearest residential property line. The Council also approved Bill 2-19 which appropriates $1,463,507 to the Baltimore County Police Department to cover the costs of purchasing new Glock 17 pistols, holsters, and related accessories. These weapons are to replace the FNS pistols after the manufacturer could not timely correct safety malfunctions that caused inconsistent firing. The Glock 17 was chosen as a suitable replacement for its reputation for safety and reliability among many law enforcement departments nationwide. The new weapons will be issued to all Baltimore County police officers, deputy sheriffs, and correctional officers
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ETHICAL & LEGAL CONSIDERATIONS IN THE ERA OF #METOO By Michael S. Barranco (2007) (Marcalus I), 414 Md. 501 (2010) (Marcalus II) and 442 Md. 197 (2015) (Marcalus III). Susan R. Green discussed her personal experience many years ago when she was the subject of demeaning and sexist comments by opposing counsel in the course of civil litigation. In particular, opposing counsel’s comments made on the record during a deposition became the subject of a motion for protective order and award for attorneys’ fees. The Court of Special Appeals in Mullaney v. Aude, 126 Md. App. 639, cert. denied, 356 Md. 18 (1999) agreed with the trial court that the comments were disruptive to the discovery process and specifically found that it is not a legitimate litigation tactic to try to throw your adversary off-balance by the use of gender-based insults.
On March 28, 2019 the Professionalism and Young Lawyers Committees co-sponsored a program at the Charles Village Pub in Towson addressing the ethical and legal considerations associated with sexual harassment and gender bias in the legal profession. The program began with a presentation by Ray Hein, Deputy Bar Counsel, Attorney Grievance Commission of Maryland summarizing the Maryland Rules of Professional Conduct and comments prohibiting sexual misconduct or sexual harassment involving colleagues, clients or coworkers. (Rule 19-308.4 and Comment 3). Mr. Hein also reviewed various case decisions in which the Maryland Courts have addressed attorney misconduct in the context of sexual misconduct including the circumstances giving rise to discipline in Attorney Grievance Commission v. Goldsborough, 330 Md. 342 (1993); Attorney Grievance Commission v. Marcalus, 401 Md. 496
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Julie C. Janofsky of Fedder & Janofsky LLC presented an overview of the subject of employer liability for sexual harassment. Her practice includes advising and representing both employers and employees in employment matters with a focus on issues involving sexual harassment and sex in the workplace. She shared with attendees of the program a “Model Anti-Harassment Policy” she has developed for employers and a Summary (in the form of a useful flow chart) of Employer Liability for Sexual Harassment. The program concluded with a panel discussion of issues concerning sexual harassment, gender bias in the legal profession and the advent of the #MeToo movement. Participating in the panel was the Honorable Kathleen G. Cox, Whitney E. Wilder of Bodie Law, Ray Hein, Julie Janofsky and Susan Green, led by Professionalism Committee Chair, Debra B. Cruz of Levin & Gann, P.A. The panel discussed diverse topics including recognition of the problem of gender bias in the legal profession and changes they have seen in the profession over the years and issues that remain.
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YOUNG LAWYERS’ BULL & OYSTER ROAST & SILENT AUCTION By Craig R. Borchers Each year as winter begins its turns into spring, the Young Lawyers Section is hard at working planning the Annual Bull & Oyster Roast and Silent Auction. On Sunday March 31st, all that work came together resulting in this years’ version of one of the most anticipated events on the BCBA calendar. Activities included the money and stuffed animal wheels, silent auction, 50/50, and raffle. There was also plenty of great food provided by Atlantic Catering. When the children were not busy at the stuffed animal wheel, Micki from Face Paint By Micki kept them happy and entertained with unique designs and balloon animals. A welcome return this year was the Orange Crush Station, with celebrity bartenders from the Young Lawyer Section serving up refreshing orange and grapefruit crushes. Fellow young lawyer, Ryan Walburn, was also back for a second year in a row, generously donating his services as DJ for the event. As always, the event featured a great showing of members of the bench, bar and local business community, along with their friends and family. This year’s Bull & Oyster Roast benefited the annual charity, American Foundation for Suicide Prevention, and continued its successful tradition because of the generous donations from local businesses, firms and practitioners, as well as the many volunteers who helped pull it together. As a direct result of this generosity and effort, the Young Lawyers Section will be contributing $6,600 to the BCBA’s annual charitable donation. Thank you to everyone who donated, volunteered, attended and bid on silent auction items. This event has proved once again to be one of the highlights of the BCBA’s annual calendar, and we look forward to next year’s event being as enjoyable.
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CRIMINAL LAW UPDATE By Matt Wyman
There were only two Court of Special Appeals cases from March, which I’ve included along with a summary of several cases from April’s Amicus Curiarum. Vyacheslav Redkovsky v. State of Maryland, No. 1478, September Term 2017, filed February 27, 2019. Opinion by Berger, J. Redkovsky was convicted of possession and distribution of child pornography. Detectives were able to download portions of videos, ultimately from the Defendant’s computer, via “Torrential Downpour”, one of hundreds of file sharing programs that use peer-to-peer technology to share files among users. Summarized very briefly, basically someone downloads a file that comes from several other users who have the same file, allowing a faster download. Defendants often claim that they used the software to download only, and did not understand that they were also uploading portions of those same files for other users. This was a case of first impression in Maryland, but the issue has been heard by several other state and federal courts. Ultimately, the court upheld the Defendant’s conviction for distribution of child pornography. The license and user agreement, along with a basic understanding of the software make it clear that your files are subject to download.
Dana T. Johnson v. State of Maryland, No. 1718, September Term 2017, filed February 4, 2019. Opinion by Nazarian, J.
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Johnson was found with a large quantity of heroin on him at the hospital following a car accident. He was charged with, and convicted of volume possession of heroin amongst other charges, and was sentenced to 14 years, first five without parole. The sentence for the volume possession contained a mandatory minimum provision of five years without parole. The Defendant appealed, contending the sentence was illegal because the statute did not call for a maximum sentence, only a mandatory minimum. The Court of Special Appeals upheld Johnson’s conviction. The due process requires that the Defendant know the potential penalties. The court noted that telling him about the mandatory minimum satisfied that requirement, despite not mentioning the maximum potential sentence.
Tevin Moultrie v. State of Maryland, No. 213, September Term 2017, filed March 29, 2019. Opinion by Arthur, J. Moultrie plead guilty to second degree murder and related charges from a shooting when he was fifteen years old. The court agreed to a cap of thirty years for the sentence, and ultimately imposed the thirty years. Two issues were raised first at a postconviction and then at an appeal. One involved the Defense Attorney giving an improper advisement as to a three judge panel, and the other for not requesting a hearing on a motion for modification of sentence. Moultrie’s attorney advised him that a three judge panel could increase his sentence, decrease it, or leave it the same. This would be the “standard” advisement the court or counsel would give. However; in this case thirty years was a binding cap, so the three judge panel could not increase the sentence. Had Moultrie known there was no risk of
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CRIMINAL LAW UPDATE By Matt Wyman an increase, it’s more likely he would have pursued that motion, and the Court of Special Appeals reversed the decision in part for that reason. Moultrie also claimed that his attorney was ineffective for failing to request a hearing on his motion for modification before the five year requirement mandated by the rules. While I normally try to just recite the facts here, as a practicing defense attorney, I have to say that I don’t necessarily agree with this portion of the decision. It is often standard practice to file motions for modification and ask that they be held sub-curia. Usually this is done because a judge tells the Defendant they will consider some favorable modification IF the Defendant does something they are asked to do (complete probation, pay restitution, get their license, pursue treatment or education while incarcerated etc.). It’s my opinion that the ball is then in the Defendant’s court. If they do what they were asked, it’s incumbent upon them to let the court or their lawyer know, so a hearing can be requested. As a practical matter I can foresee dockets full of hearings five years down the road for which unknowing defendant’s don’t even show up, but which attorneys request merely for fear of being deemed incompetent by someone in Annapolis.
State of Maryland v. Jimmie Rogers, No. 1993, September Term 2017, filed March 28, 2019. Opinion by Nazarian, J. Rogers is a convicted sex offender. He was required to register as a Tier II offender, and his victim was a minor. Rogers ultimately disputed whether the victim was in fact a minor, arguing that it was not specifically demonstrated by the State. The real issue was the standard of proof to be used. Since the Sex Offender Registry is not a criminal sanction, but a collateral consequence, it only need to be proved
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by a preponderance of the evidence. The case was remanded, for a hearing where the State would be tasked with showing the victim’s age was demonstrated by a preponderance of the evidence, not beyond a reasonable doubt.
Clyde Campbell v. State of Maryland, No. 1103, September Term 2016, filed March 29, 2019. Opinion by Woodward, J. Campbell was convicted of the murder of his girlfriend, Dorothy Grubb in Baltimore County. During jury selection, the Defendant’s family was excluded from the courtroom following potential jurors voicing concerns about their presence. The State also introduced post Miranda statements that the Defendant made when he thought he was being questioned about a weapons charge, not the murder of Grubb.
The Defendant alleged that keeping his family from the courtroom violated his right to a fair and public trial. In deciding whether or not they should have been excluded, the court used the three part test described in Kelly v. State, 195 Md. App. 403 (2010), namely the length of the closure, the significance of the proceedings, and the scope of the closure (full or partial). In balancing the factors here, the Court of Special Appeals held that the jury selection process took too long to be considered de minimus, and that the jury selection is a pivotal part of the trial, which should remain open to the public if at all possible, and reversed in part for that reason. The court also found that the admission of the Defendant’s statements were proper. When someone is advised of their Miranda rights, they know the potential liability of giving a statement, and it doesn’t matter whether it is for the specific crime they are being questioned about, or another unrelated crime.
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CRIMINAL LAW UPDATE By Matt Wyman Steven Hogan v. State of Maryland, No. 160, September Term 2018, filed March 29, 2019. Opinion by Moylan, J. Despite some other issues, this case primarily deals with the Defendant’s right to a trial within 180 days under State v. Hicks. The Defendant originally filed a motion claiming he was not competent to stand trial. He was evaluated, and deemed incompetent. He was then treated for a period of time and restored to competency over a year later. He then went to trial and was convicted of handgun offenses. He appealed, claiming he was denied his right to a speedy trial. The Court of Special Appeals held that the Defendant’s right to a speedy trial was not violated. First, Hogan was evaluated at his own request, a request which could only serve to benefit the Defendant, so he cannot now complain he was not tried in a speedy fashion when his own conduct caused the delay. Further, upon a filing of a competency request, the Court is required to complete and evaluation, produce a report and conduct a hearing. All of these things take substantial time, and the Court is required to comply. Compliance with the rules would constitute “good cause” to grant a postponement beyond 180 days.
Craig J. Little, Esquire is pleased to announce he has expanded his practice to include
Divorce Mediation and
Parent Coordination Law Office of Craig J. Little 309 W. Pennsylvania Avenue Towson, Maryland 21204 Office (410) 296-0770; Cell (443) 895-1688
DID YOU KNOW? The BCBA rents A/V Equipment for use in trial in the Circuit Court. Cost is $50 per day and members receive the first day free! We have a 70 inch flat screen TV and a smaller flat screen TV in addition to a projector. Both TVs have DVD players and connections for your laptop. Call us at 40-337-9100 to reserve equipment for your next trial.
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CIVIL LAW UPDATE By Cee Cee Paizs
Review of the Amicus Curiarum for March 2019 revealed the following civil cases of interest: THE COURT OF APPEALS: Gregory Smith v. Wakefield, LP, No. 28 September Term 2018, filed February 27, 2019. Opinion by McDonald, Robert N., Judge Mr. Smith entered into a rental agreement with Wakefield to rent an apartment in 2007. The lease agreement contained the language “the parties setting their hand and seal” and then the word “SEAL” at the end of the signature line. Mr. Smith moved out after a few months. In 2015, Wakefield filed for arrears in rent, claiming that the agreement was subject to the provisions of CJ § 5-102, which provides that a contract under seal extends the statute of limitations from 3 to 12 years. The District Court and Circuit Court, on appeal, held for Wakefield, citing Tipton v. Partner’s Management Co., 364 Md. 419 (2001), which held that the three year statute of limitations under the Real Property Act could be extended to 12 years if “the parties to the lease agree in the body of the lease that the lease is subject to the twelve-year limitation period under section 5-102.” The Court of Appeals reversed, stating that Tipton emphasized that Maryland law had always applied a three-year statute of limitations to back-rent claims, and no legislative history existed suggesting that the Legislature had intended to change that longstanding period of limitations. Further, the Court considered
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whether parties could modify by contract the period of limitations, citing Ceccone v. Carroll Home Services, LLC, 454 Md. 680 (2017), where the Court of Appeals looked to three factors to determine whether a statute of limitations could be modified via contract: (1) whether there is a controlling statute to the contrary, (2) whether the modification is reasonable, and (3) whether the modification is subject to other defenses such as fraud, duress, or misrepresentation. In the present case, the Court held that controlling law had a three year statute of limitations, the modification of quadrupling the statute of limitations in back rent cases was not reasonable, and that there was no claim of fraud, duress or misrepresentation.
COURT OF SPECIAL APPEALS: Amy Fulgium v. Christopher Fulgium, No. 1753, September Term 2017, filed February 27, 2018. Opinion by Graeff, Kathryn Grill, Judge The parties were divorced while Husband was still on active duty. The trial court awarded Wife a percentage of Husband’s military retirement based on 10 U.S.C. §1408, which provides that when a final decree of divorce is granted prior to the date of a member’s retirement, disposable retired pay is “the amount of retired pay to which the member would have been entitled using the member’s retired pay base and years of service on the date of the decree of divorce.” The statute permits disposable retired pay, but it does not require distribution. A state court has discretion whether to divide the disposable retired pay, and if so, how, in accordance with state law. Since the trial court’s rationale in awarding Wife 15% of Husband’s disposable retired pay is not entirely clear, the Court of Special Appeals vacated the judgment and remanded the matter for further proceedings.
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FAMILY LAW—PARENTING COORDINATION BROWN BAG LUNCH By Ilene Glickman On Tuesday, April 9, the Family Law Section gathered for a brown bag lunch to learn from a panel of 4 exceptional presenters about Parenting Coordination. Amy Mazer, LCSW, Scott Holzman, PhD, Esther Finglass, PhD and Erika Slater, Esquire discussed many aspects of the Parenting Coordination process including the requirements to become a Parent Coordinator (“PC”), the Orders needed to appoint a PC, the cases that are best suited for the process, the impact of mental health issues on the PC process and the role of a PC. Some of the highlights … Parenting Coordination is a process that has been developed to help divorcing or divorced parents in prolonged conflict to resolve their conflict outside of court. Maryland Rule Coordination.
9-205.2
governs
Parenting
A Parent Coordinator, typically a mental professional or an attorney, must meet the qualifications set forth in the Rule. This includes required training in areas such as child development, family conflict, family law and conflict resolution.
the parties, the appointment must end upon the entry of the judgment in the case. Post-judgment appointments must be made by agreement of the parties. The appointment can provide the Parent Coordinator decision-making authority on some issues, including minor, temporary modifications to child access provisions of a court order, interpretation and compliance with a custody order, and parenting details such as selection of extra-curricular activities. Alternatively, the Parent Coordinator can be appointed to facilitate resolution of such issues. Any decision that the Parent Coordinator makes is subject to judicial review. The process is not privileged. Most jurisdictions, including Baltimore County, maintain a list of approved Parenting Coordinators who wish to be court appointed. All of these individuals meet the qualifications set forth in Maryland Rule 9-205.2.
Parenting Coordination differs from other means to resolve parental conflict in that (a) the parties develop a long term relationship which allows the PC to gain knowledge of the parties and the parties to gain trust in the PC; (b) the focus of Parenting Coordination is on education and an effort to teach the parents to resolve the conflict on their own, (c) the ability of the PC to make decisions on certain matters, and (d) the service can be used to resolve the details of parenting that are difficult to address by way of Court Order. A Parenting Coordinator can only be appointed by the Court during the pendency of an action in which custody or visitation is at issue. Absent agreement of
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Lawyer in the Lobby Clinic Wednesday, May 8 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 May:
Julius Blattner Richard Lebovitz James Ruckle E. David Silverberg
The BCBA’s Lawyer Referral and Information Service will have a booth at the 2019 Towsontown Spring Festival on Saturday, May 4th and Sunday, May 5th. Please stop by our booth on Pennsylvania Avenue. The 2019-2020 Lawyer Referral & Information Service Panel Application will be available by May 15th. Contact Rae Wyatt at rwyatt@bcba.org if you are interested in participating in Lawyer Referral. All current panel members will receive the new application via email.
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Committee News PLEASE
VISIT WWW.BCBA.ORG TO REGISTER FOR ANY EVENTS LISTED WATCH YOUR INBOX AS EMAILS REGARDING COMMITTEE PLANNING MEETINGS WILL BE SENT SOON. WE WELCOME ALL IDEAS FOR PROGRAMS AND EVENTS!
FAMILY LAW COMMITTEE May 16, 5 pm, Legislative Update & Happy Hour, Grand Jury Room and C&R Pub May 23, 12pm, High Conflict Custody Cases, Grand Jury Room HISTORICAL COMMITTEE
ADR 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.
Committee Planning Meeting date coming soon. 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
LAW DAY COMMITTEE This year’s theme is Free Speech, Free Press, Free Society May 1, 7:30 am, Breakfast , Martin’s Valley Mansion, Keynote Speaker is Hon. Frederic N. Smalkin, Retired Chief Judge of the U.S. District Court for the District of Maryland. May 1, Noon Ceremony, Ceremonial Courtroom #5, Keynote Speaker is Lucy A. Dalglish, Dean of the Philip Merrill college of Journalism at University of Maryland. Law Day Award Recipient is Leon W. Berg Judith P. Ritchie Award Recipient is Ralph L. Sapia
May 30, 5:30pm, CVP Towson, DUI CLE COMMITTEE
LRIS COMMITTEE
Committee Planning Meeting date coming soon.
The 2019-2020 LRIS Panel Registration and Renewal Packet will be available May 15th.
ENTERTAINMENT COMMITTEE
MEMBERSHIP COMMITTEE
May 29, 12pm, Golf Tournament, Eagle’s Nest Country Club, Phoenix, MD
Online Membership Application can be found here
ESTATES & TRUSTS COMMITTEE May 22, 5:15pm, Annual Dinner, Country Club of Maryland
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Committee News MEMORIAL COMMITTEE
REAL PROPERTY 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.
Committee Planning Meeting date available soon.
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.
SOLO & SMALL FIRM COMMITTEE Committee Planning Meeting date available soon. STATE & LOCAL LAWS (SLLZ) COMMITTEE Committee Planning Meeting date coming soon. TECHONOLGY COMMITTEE For an updated MDEC Tip Sheet, go to www.bcba.org and click on Committee Report, Technology, Handouts.
Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, YOUNG LAWYERS COMMITTEE 401 Bosley Avenue, Towson, MD 21204. Donors will Last Thursday Happy Hour be acknowledged on the printed program. 5pm, The Point, 523 York Rd, Towson. Come join young lawyers, judicial law clerks, and a special NEGLIGENCE, INSURANCE & WORKERS’ COMP monthly guest to relax and network. COMMITTEE May 30 June 27
Committee Planning Meeting date coming soon. PRO BONO COMMITTEE May 7, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. PROFESSIONALISM COMMITTEE Orioles Night at the Yard, May 10, 7pm PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Civics & Law will resume in the Fall of 2019. Please contact Rachel Ruocco if you are interested in participating as a presenter. Classroom materials will be updated soon.
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CIRCUIT COURT LAW LIBRARY NEWS MDEC – What’s What? The Law Library has been receiving many questions asking what’s part of MDEC and what is not. Hopefully, the following will clarify how everything fits together. MDEC (Maryland Electronic Courts) is the overarching name to the program and the e-filing system. There are four main interfaces to the system: Odyssey File & Serve (OFS) – This is the interface that allows attorneys to electronically file from anywhere they can access the system. Registration is required. MDEC Portal or The Portal – This is the interface that permits attorneys to view cases to which they are a party from anywhere they can login to the system. Registration is also required and separate from the OFS registration.
MDEC Kiosk or Kiosk – This interface is similar to the Portal except it does not require registration and is viewable only at the Law Library. This allows users to view any cases, not just those to which they are a party. Documents, if scanned or filed electronically, will be viewable unless marked restricted or confidential.
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Case Search – This is the familiar interface accessible via the Internet. No registration is required, and no documents can be viewed. New Titles The following books were recently added to the Law Library collection: IEPs and 504 Plans: A Legal Compliance Guide, NBI, 2018. KFM 1590 .A29 .B4.
Immigration Compliance and Best Practices by Charles Miller, et al., ABA Publishing, 2018. KF 4819 .M59. The Indian Child Welfare Act Handbook: A Legal Guide to The Custody and Adoption of Native American Children by Kelly Gaines-Stoner, et al., ABA Book Publishing, 2018. KF 3735 .A328. Issues In High Value Family Law Cases by Rodier & Milko, MSBA, 2018. KFM 1297 .I87 2018.
The Law and Liability of Small Aircraft by Cecil Kuhne, ABA, 2018. KF 8925 .K8. Lawyers Without Rights: The Fate of Jewish Lawyers in Berlin After 1933 by Simone LadwigWinters, ABA, 2018. KF 297 .B74.
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MEMBER NEWS MEMBERS ON THE MOVE BCBA member, Wallace Kleid can now be reached at 410-205-5377 or wallacekleidlaw@gmail.com
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.
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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Paul E. Alpert, Retired Judge
Office Available in the Heart of Towson
Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals
410-484-2088
Opportunity to own your office in Towson Core at 606 Baltimore Ave. 1,222 SF 1,302 SF. Prime location for law firms and CPA offices. On site reserved parking and public parking available. Newly renovated common area hallways, main lobby and elevators. Walking distance to Baltimore County Courts, shopping and restaurants. Close proximity to Towson University, Goucher College, GBMC, and UM St. Joseph Medical Center. Two condo suites available. Prices $183,300 to $195,300. Will consider lease. Contact Chris Smith at 410-472-3510 and csmith@trialliance.com.
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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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BCBA Committee Planning Meetings will take place in June and July. We want to hear from you! Your input is important to us in planning a successful Bar Year.. If you are unsure what committees you are on, contact the Bar Office at 410-337-9100 to find out. Emails will be going out soon with dates for all Committee Planning Meetings.
Signature Sponsors The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Rachel Ruocco (410) 337-9100 or rruocco@bcba,org).
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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.
May 2019
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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