THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 9
May 2021
PRESIDENT’S MESSAGE By Jay D. Miller BCBA and Beyond….. As I reflect on the past ten (10) months, I am reminded again of the importance of our bar association. Many of you understand this already. That is why you belong, but as associations all over the state face declining membership, we must continue to grow. BCBA has been a leader and must continue to be a leader. With one of the finest District Court and Circuit Court benches in the state, and some of the finest trial lawyers as well, we in Baltimore County must continue to advance the rule of law. We must continue to do the public good and advocate for those who are unable to fight for themselves. We must continue to influence public policy. Our charity this year, CASA of Baltimore County, Inc. (Court Appointed Special Advocates) provides individual advocacy for children in foster care who have been abused, neglected or abandoned. Moreover, your BCBA established a permanent committee on diversity and inclusion that has already taken up the challenge to fight for equal justice and equal opportunities for all —without regard to race, gender or sexual orientation. That is why membership and activism as a member is essential. It is great to belong. But it is even better to be active.
our committees allow each of us to be on the cutting edge of our practice areas. There are unlimited opportunities for volunteerism, including the Lawyer Referral Committee as well as a very active Pro Bono Committee, and many others. There are other local and specialty bars that serve a great need in our profession, but the BCBA should be at the top of the list. Reach out to a non-member. Seriously, reach out to a non-member. Whether it is in your own practice, or your firm, or a friend or colleague. There is a reason we are members of the BCBA. Our membership provides value and relevance and informs us. This year, we sent out weekly notices to our members keeping them informed of every change I have previously spoken about the networking to the court system as a result of COVID. opportunities that come with being a member. But the opportunity also exists for service and leadership development. The programs regularly presented by Continued on page 2
Mid-Atlantic Spinal Rehab & Chiropractic THE ADVOCATE
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PRESIDENT’S MESSAGE By Jay D. Miller assist any legal professional in need of treatment. There is no other such foundation in the entire country quite like Bates Vincent. Imagine, to get in patient treatment for your problem, you need only ask. Thanks to your BCBA LAP committee and If you are already a member, commit to joining one the MSBA LAP, not having money is not an of our twenty-six (26) committees. By the time you impediment. read this, we will have had a tremendous Law Day celebration on May 3rd. We are planning a 100-year So, if you are a member, I encourage you to reach celebration in September that will be memorable and out to a non-member and get them to join the outstanding. Become involved in a bar association BCBA. Encourage a young lawyer or a mid-level that has led the way in helping others. BCBA’s associate, an in-house counsel or any of the public Lawyer Assistance committee, a confidential group service attorneys (already doing their part to serve whose sole purpose is helping lawyers, judges and the public) to join the BCBA. They will be joining a legal professionals with drug, alcohol or mental bar association that will give so much more than it health problems, worked closely with the Maryland will ask. See you next month. Prez. State Bar Association to establish the Bates Vincent Foundation. The Foundation is named after Judge David Bates and Richard Vincent, two men who Jay D. Miller exemplified what it means to help others. The BCBA President, 2020-2021 Foundation has thousands of dollars available to We hosted town halls for members that allowed for questions and taught us all how to make the most of Zoom. When the world quarantined, your BCBA was there to keep you informed in your home office.
MESSAGE FROM THE EDITOR By Michael Barranco
Baltimore County Bar Association YouTube Channel Did you miss a BCBA online event or committee CLE because of a scheduling conflict? Did you know that the BCBA has its own YouTube channel where you can watch programs dating back to May of 2020? As of publication, there are 40 video recordings available on the BCBA YouTube channel. This includes the recent Law Day 2021 program, the Circuit Court Phase 5 Town Hall, Multi-Jurisdictional Family Law Judge’s Panel, CLE’s about Attorney Grievance, testamentary capacity, PPP loans, mediation, implicit bias, as well as virtual wellness programs. This is all in addition to a multitude of other CLE programs earlier this year and in 2020. No login is required. Just navigate to YouTube and search for Baltimore County Bar Association.
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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 Michael Barranco Kerri Cohen Michelle Greer Louis Hurwitz Adam Phillips Judge Dennis Robinson Ralph Sapia Alaina Storie Tommy Thompsett
Bench/Bar Update Circuit Court Webinar CLE-Attorney Grievances County Council Update District Court Schedule Diversity & Inclusion Family Law Webinar Law Clerk Spotlight Lawyers Assistance Legislative Update Membership & YL Member Ads Professionalism
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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. Publication deadline: 10th of the month preceding publication.
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May 2021
COURT NOTICES
MAY DISTRICT COURT SCHEDULE
DISTRICT COURT PHASE V UPDATES Please visit our website at www.bcba.org and click on • Chief Judge Morrissey’s Communication the red COVID-19 Updates bar on the top of the Regarding the Consumer Financial Protection Bureau homepage. The latest updates that can be found are: (CFPB) Interim Final Rule Involving the CDC • Baltimore County District Court Phase V Agency Order and Failure to Pay Rent Landlord Tenant Actions. Information (updated 5/1/2021); and
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ANNOUNCEMENT FROM THE REGISTER OF WILLS After more than 22 years as the Register of Wills for April 16, 2021, the Honorable Alexis Burrell-Rohde Baltimore County, the Honorable Grace Connolly was appointed as the new Register. retired, effective April 1, 2021. Ms. Burrell-Rohde is familiar with the Register of Ms. Connolly, a Baltimore County icon, is generally Wills, having spent 5 years as an Assistant Attorney credited with professionalizing the Baltimore County General representing and advising the Registers of Register of Wills, making it, in the opinion of Chief Wills and the judges of the Orphans’ Courts Judge William R. Evans, the “gold standard” for throughout the State of Maryland. Registers in this State. Judge Evans stated “We are confident Ms. BurrellA vacancy in the Register of Wills is filled by Rohde will build on the legacy of Grace Connolly appointment by the Judges of the Orphans’ Court. On while putting her own stamp of excellence on the office she now commands”.
AMENDED POLICY: INMATE ATTIRE FOR TRIAL Effective April 26, 2021, the Baltimore County Sheriff’s Department and the Baltimore County Division of Corrections will implement a change to the policies concerning civilian clothing changes for inmates brought to the American Legion for jury selection and to the Circuit Court for jury trial.
Clothing for trial can be delivered to the Sheriff’s Office in the courthouse the day of trial by 8:00 A.M. by either counsel or a family member. Only one set of clothing will be allowed to be delivered at any time, either at the American Legion or the Sheriff’s Office at the courthouse. All clothing will be processed through the x-ray scanner and hand searched for contraband before it is given to the inmate. The clothing shall be picked up by counsel or a family member from the Sheriff’s Office upon the conclusion of the trial.
If an inmate is appearing in court before a jury, the inmate will be transported to the American Legion in their jumpsuit. The inmate will be permitted to change into civilian clothes at the American Legion. At the end of each court appearance, the inmate shall change back into their jumpsuit, either at the Clothing should NOT be delivered to the American Legion or the courthouse, prior to transport Baltimore County Detention Center. back to the Baltimore County Detention Center. Clothing for jury selection should be delivered to either the American Legion on the day of jury selection by no later than 7:30 A.M. or to the Sheriff’s Office in the courthouse the day before the jury selection between 9:00 A.M. and 4:00 A.M.
Ruth Ann Jakubowski Administrative Judge Circuit Court for Baltimore County
BCBA FACE MASKS AND CUFF LINKS STILL AVAILABLE Show up to the courtroom in style with a BCBA face mask or a pair of cuff links. Contact Jacob Bengel at jbengel@bcba.org or 410-337-9101 to purchase Baltimore County Bar Association face masks or cuff links. THE ADVOCATE
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May 2021
BENCH/BAR COMMITTEE REPORT By Judge Dennis Robinson
It is difficult, maybe even impossible, to find a meeting that provides more useful information in a relatively short period of time than the BCBA BenchBar Committee. The April meeting, which was held by Zoom on April 13, was no exception. With David Letterman off the air, we never see “Top 10” lists anymore. Let’s bring them back, for at least one newsletter, to provide a summary of the topics covered (in the order presented at the meeting): 10. In the Circuit Court, criminal jury trials are set to resume on April 26. Civil jury trials will resume on May 3. Jury selection will occur at the American Legion hall on York Road just a short walk from the courthouse. Criminal jury trials will begin the day after jury selection. Civil jury trials will begin the same day if there is sufficient time after selection. Seven courtrooms have been renovated to comply with COVID-related guidelines. If you think there may be many spectators for a trial, please contact Tim Sheridan to coordinate reserving a larger courtroom and/or providing an audio stream of the trial to another room. You will receive an e-mail a few weeks before a jury trial. These e-mails are intended to obtain information about the status of a case. If you do not respond, expect a call from a Judge. 9. Brittany Jackson is the new Criminal Case Manager in the Circuit Court. She is no stranger to the courthouse and has already hit the proverbial ground running. Congratulations to Brittany on her new position! 8. Jennifer Roberson is the new coordinator of the Circuit Court’s adult drug court program. She comes to us from the Circuit Court for Frederick County, where she was involved in drug, mental health and juvenile diversion programs. Welcome to Baltimore County, Jennifer! 7. Magistrate Brown’s last day was April 2. Magistrate Carrie Polley’s first day was April 19. Thanks to Magistrate Brown for her many years of dedicated service! Welcome to the bench, Magistrate Polley! 6.
Judge
Arthur
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Frank
announced
appointment of Alexis Rohde as Register of Wills to succeed Grace Connolly. Best wishes to Grace in her retirement! Her presence will be missed around the courthouse. 5. If you practice in the District Court, do not be surprised if you have a trial scheduled at a time or place you would not ordinarily have one. Dockets are being added to clear the backlog caused by the pandemic, especially for criminal and landlord-tenant cases. The District Court is also implementing a “100%-screening” process for everyone who enters a courthouse. Stay tuned for updated information about evictions in light of various governmental orders and details regarding a District Court drug court program. 4. President Miller reported that Law Day is scheduled for May 3 at 12:00 p.m. and will be held through Zoom. So, mute your lines, and join us for what will hopefully be the last virtual Law Day celebration. The theme for this year is “The Rule of Law Now.” Chief Judge Barbera is the guest speaker. Award recipients and contest winners will be recognized. The annual BCBA golf tournament is scheduled for May 26 at Eagle’s Nest Country Club. And, no, the tournament is not virtual. Join your fellow BCBA members for a day of fresh air, socially -distant golf, and a sense of a return to normalcy, depending upon the people in your group of course. The Young Lawyers’ Committee is having a silent auction fundraiser in connection with the event. The BCBA annual meeting is scheduled for June 17 at 4:30 p.m. and will be a hybrid virtual/in-person meeting. 3. Scott Shellenberger reported that the State’s Attorney’s Office is ready for trials. There are trials scheduled, back-up trials scheduled and back-up trials for back-up trials. The State’s Attorney’s Office is working with the Office of the Public Defender to prioritize and schedule trials. They are also facilitating the resolution of DUI cases in District Court.
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COUNTY COUNCIL UPDATE By Adam Phillips
Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven-member County Council serves as the independent Legislative Branch of County government. The Council meets yearround, generally in bi-monthly legislative sessions (held at 6:00 p.m.) and bi-monthly work sessions (held at 4:00 p.m.). Please visit the Council’s Website at www.baltimorecountycouncil.org for information on streaming our sessions, upcoming legislation, opportunities for public input, and more.
throughout the east coast of the U.S. Aaron Plymouth – Mr. Plymouth is a retired publicschool educator with 42 years of experience. He is Chair of the Combined Communities Advocacy Council of Greater Randallstown, Inc., and of the Baltimore County School Board Nominating Commission.
At its April 19 legislative session, the Council passed the New Opportunities for Tourism and Entertainment (“NOTE”) Act. The bill modernizes the Baltimore County Zoning Regulations regarding live musical entertainment and expands the zones in which it can At its March 1, 2021 legislative session, the be played. established the Baltimore County Redistricting Commission for the 2020 cycle. The Commission is The bill expands the definition of “Live Musical charged with assessing the population data generated Entertainment” to include recorded or live music, by the 2020 census, holding public hearings, and played pursuant to a use permit as an accessory or recommending a plan for the redistricting of the principal use in a venue that received more than half County’s seven Councilmanic Districts. The of its gross revenue prior to 9 p.m. in the previous 30 recommendation is due by October 15, 2021. The days. The definition of “nightclub” is changed to “a commercial establishment with or without the right to Commission members are: serve food… that derives its main revenue source James Almon, Esq. – Mr. Almon is an Assistant between the hours of 9 p.m. and 2 a.m. as primarily an County Attorney for Carroll County, MD. Mr. entertainment venue, provides live or recorded Almon received his law degree from the University of entertainment, with or without a dance floor, and Baltimore School of Law and served as Senior often having a floor show or dim lighting.” Legislative Advisor to Councilwoman Cathy Bevins Historically, live musical entertainment was only from 2016 through 2019. permitted in a nightclub, which, by definition, must Robert E. Latshaw, Jr. – Mr. Latshaw owns and have been a tavern and have a Baltimore County operates Latshaw Real Estate Group, which has been Class D liquor license. Since nightclubs are only providing commercial real estate brokerage and permitted in the B.M. and B.R. Zones, the legal management services in the Baltimore area for almost playing of live musical entertainment was limited. 50 years. He also served on the last Redistricting With the enactment of Bill 44-19, the Council Commission in 2011. permitted the playing of live musical entertainment on Sophia Montgomery – Ms. Montgomery is the a limited basis in the Arbutus and Catonsville Director of Sales for Country Inn & Suites by Commercial Revitalization Districts. Regardless of Radisson, Baltimore North, and also serves as the underlying zoning, Bill 44-19 permitted live President of the Chesapeake Gateway Chamber of musical entertainment in these areas if a property was Commerce. assigned a C.C.C. zoning district overlay, and an Samuel Neuberger, Esq. – Mr. Neuberger is a applicant obtained a use permit issued by the Director Director with Klein Enterprises, a real estate firm of the Department of Permits, Approvals, and specializing in acquisitions, development, leasing, and Inspections (“PAI”). management of residential and commercial assets THE ADVOCATE
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EVERYTHING YOU WANTED TO BENCH/BAR COMMITTEE REPORT By Judge Dennis Robinson KNOW ABOUT BEING A LAWYER BUT WERE TOO AFRAID TO ASK If you want to explore that option for a client, call Jill By Alaina L. Storie
Savage or Erin Anello.
On April 7, 2021 the Young Lawyers and Membership & Admissions Committees invited law students, judicial law clerks, and new attorneys to participate in a discussion with young-ish attorneys so all their burning questions about what life is actually like as a lawyer could be answered. This program was advertised as “judgment-free” and would not be recorded, so our attendees could ask what was truly on their minds – and our speakers could give truly honest answers. Our speakers were Adam Konstas, Mariela D’Alessio, Hasson Barnes, and Nicole Rush, with Laurie Wasserman and Alaina Storie moderating, but also participating in the discussion. Topics ranged from getting a clerkship, finding a mentor, changing jobs, venturing into solo practice, and getting experience in a new area of law to those more sensitive subjects of how to say no or disagree with your supervising attorney, how to deal with “imposter syndrome,” and how to stand out and start to build your reputation (a good one). Staying true to the promise of judgment-free, and without naming names, each panelist was able to reflect on and share their own experiences, mistakes, cases won and lost (for some), and risks taken to get where they are today.
2. The Office of the Public Defender is working primarily under a tele-work arrangement, but is continuing to serve its clients during the pandemic. There have been some recent new hires, so you may see some new faces in the courthouses. Gayle Robinson also reported that there will be a public ceremony on May 8 at 11:00 a.m. to publicly acknowledge the lynching of Howard Cooper, a 15year old who was dragged from a cell at the former Baltimore County jail and hanged from a tree next to the building. The Baltimore County Coalition of the Maryland Lynching Memorial Project, in partnership with the Equal Justice Initiative and the Baltimore County government, will install an historical marker at the site of Cooper’s murder. 1. The Diversity and Inclusion Committee is the newest BCBA committee and is already among the most active. The “21-Week Challenge” is a tremendous success, with over 200 participants. The committee is finalizing the placement of law students in BCBA’s first “Summer Scholars” program, which is designed to provide summer internship opportunities for diverse law students in Baltimore County. Stay tuned for details about an event in July to wrap up the “21-Week Challenge” and the “Summer Scholars” program.
The next Bench-Bar Committee meeting is scheduled for May 13. Bench-Bar Committee Chair Raphael Santini is optimistic that we will be able to start having hybrid virtual/in-person meetings in the near future. Let’s hope so. In the meantime, be safe and Both Committees intend to continue to jointly present well. this topic each year to a new batch of attorneys and those who are on their way to entering the practice of law. It was a fun and informal way to get inside information and gain insight into subjects that they just don’t teach in law school. Thank you again to our speakers, and we hope that more attorneys will be willing to share their war stories for what has been now deemed the first annual installment of this great THE ADVOCATE
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DIVERSITY & INCLUSION COMMITTEE 21 WEEK CHALLENGE UPDATE By Michelle Greer
The Diversity & Inclusion Committee was established in significant part to raise diversity awareness within our Bar Association. In keeping with that mission, we launched an educational project this year, “21 Weeks in 2021 Challenge” to learn about systemic racism and implicit bias. Similar challenges have been launched within other bar associations in Maryland and were met with great success. For 21 weeks, each participant receives educational materials consisting of articles and videos that they can read and watch at their leisure. At the conclusion of each month, there is a wonderful, interactive forum via Zoom that is facilitated in collaboration with the Association of Black Psychologists to exchange thoughts, questions, and feedback. The facilitated end-of-month forum also provides each participant with the opportunity to engage in meaningful and often therapeutic discussion with other participants from diverse backgrounds. Small breakout rooms moderated by individual, trained psychologists offer a very effective way to have up-close and personal dialogues within the boundaries of each participant’s comfort level. Each month, there is a new topic as the focal point of the disseminated educational materials and end of month discussion.
These monthly topics are as follows: March 2021 - “White Privilege” April 2021 - “Voter Suppression” May 2021 - “The Black Experience, a critical voice and perspective on the pandemic and racism” June 2021 - “Mass Incarceration” July 2021 - “Allyship” We are very proud that our bar association and community stakeholders have decided to join through participation and sponsorship of this much-needed challenge. We are all learning that implicit bias and systemic racism does exist and has an impact upon each of our lives and certainly upon those whom we serve in our profession. If you have not signed up to commit to our “21 Weeks in 2021 Challenge” to learn about systemic racism and implicit bias, please do so. It is not too late. And if for some reason you are unable to take the challenge, please consider making a generous donation. Your participation and support make a difference and are greatly appreciated.
COUNTY COUNCIL UPDATE By Adam Phillips
The NOTE Act expands the playing of musical entertainment county-wide by changing the permitted locations for a live musical entertainment use permit from a property in the Arbutus and Catonsville CRDs to a property located in any of the B.L., B.L.R., C.B., B.M., B.R., B.M.M., B.M.B., B.M.Y.C., and M.L. zones. The bill also contains new regulations for the permit.
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CIRCUIT COURT TOWNHALL WEBINAR By Michael Barranco
On the afternoon of Tuesday, April 20, 2021 Administrative Judge Ruth Ann Jakubowski along with Judges Robert E. Cahill, Jr. and Judith C. Ensor presented a Circuit Court Town Hall Webinar. Topics included the Circuit Court resumption of Phase 5 operations, the restart of civil and criminal jury trials, and the overall status of backlogged cases. The Town Hall was moderated by BCBA Executive Council Member and Secretary John G. Turnbull III of Turnbull Brockmeyer Law Group.
more serious felony cases which are specially assigned. On the civil side, there were about 500 nonjury trials and 400 jury trials that had to be reset. Judge Jakubowski noted that the Court has modified and reconfigured a total of seven (7) courtrooms, four (4) for criminal (Courtrooms 2, 12, 13 & 16) and three (3) for civil cases (Courtrooms 6, 8 & 20). The modified courtrooms provide social distancing for up to 16 jurors for criminal cases and 7-9 jurors in civil cases. Each courtroom will have a total person capacity limit listed on the courtroom door, and will also state the number of persons from the public who will be allowed in each courtroom. There will be limited capacity for the public in criminal cases for family members to observe the trial. Counsel in criminal cases are encouraged to reach out to the presiding judge to provide an estimate of the number of expected family members and friends on both sides who may attend a trial. As necessary, extra access by audio will be provided to the public in other courtrooms or in other public spaces in the Courthouse such as the grand jury room or the jury assembly room. Clothing for jailed defendants should not be brought to the Courthouse—it will be done at the jail. Also, lawyers should be prepared to have a copy of your witness list to provide to the sheriff’s deputy. This will allow the deputy to know who can come in and out of the courtroom, so as to observe sequestration orders, and also to ensure that A comprehensive informational pamphlet entitled the courtroom does not go over capacity. “Circuit Court for Baltimore County Resumption of By Administrative Order of Chief Judge Barbara, Phase V” has been prepared by Judge Jakubowski. masks are required in all parts of the Courthouse. For The pamphlet is easily located on the BCBA website good cause shown, however, the presiding judge may by first clicking the red tab “COVID-19 Updates” and allow a disposable mask, clear mask, or the use of a then clicking on the link for “Circuit Court plastic barrier/shield in lieu of a mask, for a limited Resumption of Phase V.” duration, to ensure the participant be heard or
Judge Jakubowski began by noting that with the exception of 5-6 jury trials, which were conducted during the previous Phase 5 opening last October (three of which were conducted by Judge Ensor), there have been no jury trials in the Circuit Court for over a year. The backlog is about 1,500 criminal cases that have to be rescheduled, not including the 125-130 THE ADVOCATE
observed. There will be disposable masks available in the courtroom. There will be clear shields available in every jury courtroom. Cleaning wipes will also be available on counsel table and the witness stand. Judge Jakubowski recommends each lawyer clean their own space. With respect to the setting of civil trials following Pre
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CIRCUIT COURT TOWNHALL WEBINAR By Michael Barranco
in the morning and the trial will begin on the same day in the afternoon. Notice has (or will) be given to lawyers in these priority cases. The name of the trial judge will be known (as well as the courtroom number in some cases.) Judge Ensor expects the Judge Jakubowski noted that the Court has been trial judge will contact the lawyers. To avoid delay, planning and preparing for the reopening for months, voir dire will have to be submitted in advance and and the judges are ready to go and anxious to get jury selection issues decided in advance. Jury started. instructions should also be submitted in advance, Civil Jury Trials and motions in limine decided in advance. Trial exhibits should be pre-filed two-to-three (2-3) business days in advance. (Do not file exhibits on Sunday for a Monday trial.) -trial Settlement Conferences occurring now, counsel should expect the trial date will be set to occur in May or June of next year—2022 (this was as of the date of the Town Hall on April 20th).
Cases must be completed within the allotted number of days. Judges presiding over civil cases in the near future will not have collateral matters on their daily dockets, so that the trials can start on time. There will be standby cases in anticipation of some cases settling. Civil cases may be kept on standby Judge Ensor noted that with respect to the backlog of for up to three (3) days. Any requests for civil cases mentioned by Judge Jakubowski, all but 16 postponement in civil cases will come to Judge have, in fact, now been reset to new dates. Jurors are Ensor. being selected in the American Legion Hall. Criminal As opposed to jury trials, at this point most of the juries will be selected upstairs, but civil juries will be non-jury civil trials have been reset to new dates, selected in the “Blue Room” (a/k/a the basement room and will be proceeding in the regular course. Judge of the building). The “Blue Room” holds around 60 Ensor indicated that in cases in which a jury trial people; thus, she expects there will be a jury per day had originally been prayed and the parties have now selected. Of the three (3) civil courtrooms, one will reach agreement to switch from jury to non-jury, the be set aside (at this time) for complex civil cases Court can easily accommodate that change. taking five (5) days or more. Those cases have been Judge Jakubowski stated that for the time being, Pre specially assigned from the beginning. These are -trial settlement conferences will continue to be priority cases and are expected to go as scheduled. For conducted remotely. Family law cases are being these complex cases, Judge Ensor expects that juries expanded to one (1) full hour, while other civil will be chosen on one day and the actual trial will cases will remain at 30 minutes. begin on the following day. Note: Per a message from Judge Jakubowski (sent For the one-to-two day (1-2) trials, Judge Ensor has out via BCBA email on April 27, 2021), beginning reviewed all cases scheduled for May and June of this on May 3, 3021 pre-assigned dockets will be set year and has prioritized them, depending on the age of ONE WEEK in advance instead of Two the case, whether there were any previous weeks. This applies to domestic and civil jury and postponements, and the number of days expected to be non- jury trials. required to try the case. For these one-to-two (1-2) Continued on page 12 day cases, Judge Ensor expects the jury will be chosen THE ADVOCATE
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CIRCUIT COURT TOWNHALL WEBINAR By Michael Barranco
Criminal Jury Trials
As of April 12th there were 693 persons being held pretrial in the detention center. About 83 or 84 of these persons are charged with murder. Judge Cahill noted that since March 17, 2020 (around the time the pandemic hit locally) the Court has handled about 5,000 criminal hearings, including pleas, bail hearings, motions to modify and motions to modify pre-trial release conditions. At times, this included conducting court on Saturdays. This has helped to clear out many cases in a fair and safe way. The Judge Cahill explained that putting COVID challenge is now jury trials. Judge Cahill noted that considerations aside, only 15 of 20 courtrooms are it may take a few trials to work out some issues, such equipped with 12-person jury boxes, the balance as the best way to handle shielding and masking. having 6-person jury boxes. When taking into account the distancing and PPE required for COVID safety, Judge Cahill will be sitting in postponement court for there are only four (4) courtrooms equipped with jury all of the month of May so that he can have a sense of boxes which can handle a 12-person jury, plus how everything is working out, before he starts to preside over cases in June. If a case resolves, backup alternates. cases may be plugged into the open trial dates. Only one of those courtrooms can safely handle a multi Judges Alexander, Robinson, Purpora and Cahill will -party (multi-defendant) trial. handle all criminal postponements with Judge Cahill The reason the American Legion Hall is needed is hearing postponements in murder cases. Criminal because the jury assembly room in the Courthouse can cases on standby will remain on the standby list for only handle 48 people safely distanced. At the two (2) days. (As noted, the standby period for civil American Legion Hall, the upper floor can hold up to cases will be 3 days.) Judge Cahill stated that while 106 people who are spaced six (6) feet apart, and the postponements may not be handled exactly the same lower floor can hold 60 people spaced six (6) feet as before, the Court will do its best to accommodate apart. An advantage to the American Legion Hall is the schedules of busy trial lawyers and balance the defendant’s rights to speedy trial. there is parking on site. Judge Cahill noted the priority is to give most of the older murder cases priority. The four (4) criminal courtrooms will be largely occupied with murder cases and some other serious felony cases from May 1st through the end of October. The cases have been scheduled based, in part, on trial estimates given by attorneys. Judge Cahill stated that more jury summonses than normal will be sent out (about 400 per day), hoping to get 166 jurors, anticipating that some people will not respond to the jury summonses. Multidefendant cases will be challenging because of the person/space limitations. In some of the more complicated cases, two (2) panels may be needed to get a 12-person jury seated. THE ADVOCATE
Questions by Participants In response to a question, Judge Cahill noted that if a lawyer has a misdemeanor jury trial scheduled in May or June and also has a scheduling conflict, it might be best to “pre-postpone” the misdemeanor jury trial. Given the backlog of serious cases, it may be difficult for the Court to hear any misdemeanor jury trials in the appreciable future. The plan is to load up on the old serious cases. However, if a serious case were to plea or be postponed, and create an opening, then the Court will fill in the gaps with the other cases. Judge Cahill stated that he would continue to liberally grant written postponement requests.
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CIRCUIT COURT TOWNHALL WEBINAR By Michael Barranco
With respect to how Baltimore County’s trial plans and protocols may interact or conflict with those in other circuits, Judge Jakubowski noted that every court has a different plan for managing civil and criminal jury trials, and there is no formal plan of coordination across the state. However, Judge Ensor noted that if a lawyer is on a “priority” case in another jurisdiction and on standby in a civil case in Baltimore County, she should be alerted to the conflict and the standby case will likely be taken off the standby list if desired. The Court is cognizant that lawyers cannot be in two places at one time. In response to a question, Judge Jakubowski stated that jurors will not be pre-sorted between those who have been vaccinated, as opposed to those who have not been vaccinated. If a lawyer does not want to wear a mask during opening or closing, the lawyer may make a request of the trial judge to wear a plastic shield which will be available in the courtroom. Otherwise, lawyers are not permitted to unmask or pull down their mask. Bench conferences will be facilitated by use of electronic communication equipment in the courtroom that the judge, the lawyers and criminal defendants are hooked up to so that conferences (which the jury cannot hear) will not occur at the bench. The sheriff’s deputies will use the back entrance of the American Legion Hall (at the Oyster Room behind the Soda Room) to unload the jail van outside the presence of the potential jurors. The defendants will be brought back through the kitchen, nowhere near the jurors. Judge Jakubowski concluded the Town Hall by thanking all members of the bar for their patience and understanding that the Court is doing its best to keep everyone safe while at the same time keep the trains running and process the tremendous backlog of cases. As noted above, lawyers should consult the official Circuit Court pamphlet concerning Resumption of Phase V for guidance and additional details. Also a replay of the entire Town Hall webinar is available for viewing on the BCBA YouTube Channel. THE ADVOCATE
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DREAMING OF RETIREMENT? By Louis N. Hurwitz
Are you dreaming of retirement? You should be. During the last year, many of us have stopped and taken stock of our lives in ways we may not have before the pandemic. Our personal and professional routines have changed. Our goals and priorities may have shifted. We have inevitably allowed our minds to consider our literal survival and that of those closest to us. In short, COVID-19 has rocked our world. Hopefully, included in those deep thoughts are retirement plans. You should be making retirement plans even if you are decades from a slowdown or cessation of your working days. Thinking about retirement at all stages of your career is part of a longterm planning process. Waiting too long to plan for retirement can be disastrous.
retirement are the exclusive province of those who are a decade or less from enjoying what should be a glorious time if you are fortunate enough to get there in reasonably good physical and financial health. It takes many years of dreaming (and planning) to be ready to leap into retirement. For those younger readers, start attending retirement seminars when you are decades away from retirement. There are many excellent publications and competent professionals that will give you much food for thought as you wander through the maze of mortgage debt, tuitions, inflation, the need for emergency funds, and many other expenditures that will siphon dollars from budgets. Many people feel they lack the skills to risk going it alone when it comes to financial planning. Others go it alone, having kept up with the financial and investment world. Even if you are in the latter category, it is a good idea to consult a retirement/ investment professional to review your plans and verify that you have as many financial skills as you think you do. A lot is at stake.
Most people only think about the financial aspects of retirement, which are essential to consider. It is much easier to focus on your imagined freedom without contemplating the social and emotional components of considerably reducing your hours or not working at all. I’ll talk a little more about that later. I am reminded of the time about a dozen years ago On the financial side, there are so many reasons when I went to a big box hardware store to purchase (excuses) for failing to consider your financial needs materials for a floor we planned to have someone or procrastinating about what you need to do for your install in our kitchen. The salesperson tried to impress economic future. The reality of today’s world is that, upon me how the installation job was an easy one, compared to three or four decades ago, very few first explaining, then insisting, that I could learn how employers offer employer-sponsored retirement plans. to install the floor myself. I am well aware of my The responsibility for retirement planning has fallen deficits in the area of do-it-yourself home more and more on the individual. For those who improvement. I explained that my skills in installing don’t have the benefit of a company or government floors are limited and that I have neither the time nor pension, don’t expect Social Security Administration desire to learn how to do the job satisfactorily. Here's (SSA) retirement benefits to be anything more than a where self-awareness comes into play. Many people modest supplement to whatever you have been able to do not consider financial planning to be one of their sock away over the years. Congress did not design strengths. If you fall within that category or don't want SSA benefits to replace your pre-retirement income. to invest the time it takes to acquire some proficiency For most, it is foolish to ignore the benefit of making in the area, seek professional help (in the retirement pre-tax contributions to 401k plans and similar self- planning area, of course). As I mentioned earlier, do-it funded retirement vehicles. Some employers even -yourselfers should at some point consult a match a portion of the contributions you make to professional to review what they are doing. If your plan and financial decisions up to that point are sound, those self-funded accounts. obtaining a professional review should not be too Don’t think that dreaming about and planning for costly or time-consuming. THE ADVOCATE
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May 2021
DREAMING OF RETIREMENT? By Louis N. Hurwitz
In the decades leading up to retirement, there are some things you can do to make planning for retirement easier. I have found that some of these philosophies have served me well as my family planned for retirement on a government salary and income from my wife's employment. As a note, we chose to forego some family income opportunities until our youngest child graduated from high school. Make retirement planning a priority among your many short- and long-term financial responsibilities. I am suggesting that you not entirely forsake retirement planning in favor of college expenses. A balanced plan of action during college tuition years can include contributing amounts to retirement investments that will work for you over the years. I found our sons' post-college years to be the appropriate time to put the pedal to the metal for investing for retirement. One of the best gifts you can give your offspring is to assist them in graduating from college debt-free or with minimal college loan debt. Be mindful that planning for your retirement may necessitate graduate school ventures to be funded, at least in part, by student loans, with more modest assistance from you. At some point, unless you are independently wealthy, you need to fund your retirement years. After all, you don’t want to be in a position to have to ask your children to help finance your retirement years, do you? Three pearls of financial wisdom helped me plan for retirement before I was aware I was doing it. Many years ago, I received a valuable piece of financial advice from a mentor and family friend who was both a CPA and an attorney. In 1980, he was encountering clients who earned at least $100,000 annually (adjusted for inflation, that would be $318,000 in March 2021 dollars) but who never seemed to be able to meet all of their financial obligations, a staggering concept to me then and now. The message was to live beneath your means, not at or above them. For me, that was an easy concept to grasp, as my parents’ circumstances were such that I had no other choice but to live modestly growing up. The second piece of advice I absorbed early in my career addresses the THE ADVOCATE
situation when you are fortunate enough to receive a pay raise or bonus. The advice here is to siphon most of that newfound money into something that will benefit you in the long run, such as an emergency fund and pre-tax retirement investments. Resist the temptation to immediately respond to your additional income by allowing your fixed expenses to rise commensurate with your raise or bonus. Take the time to thoughtfully plan how your extra income can serve you for the long haul. Lastly, but very significantly, financial planning should always include contingencies for economic hardship or disaster. The COVID-19 crisis was not on anybody's radar (except Bill Gates's), but it is just the kind of unanticipated occurrence that can turn our lives upside -down. If we consider the more likely, but rarer and not-so-rare hardships that befall families, we may be more prepared to handle the financial challenges life throws us. There are many what-ifs to consider. Don’t dismiss possible contingencies by burying your head in the sand, thinking, “these things will never happen to me." I can tell you from personal experience that my father's catastrophic on-the-job injury that kept him out of work for over two years five decades ago led to dire financial circumstances. Whatever lifelines in place then were wholly inadequate to support our household under such circumstances, let alone plan for future retirement. I try not to think about what would have happened had it not been for the assistance provided by my grandmothers and grandfather during that time, despite their own modest means. Finally, planning for retirement includes a social and emotional well-being component that is essential to a happy and well-adjusted post-work world. Just as I suggested above in discussing financial planning for retirement, it is also helpful to imagine and plan for what your days will look like once you retire. For me, going from a highly structured work setting to no structure was an adjustment. You may want to do little for a while and take your time planning the new life you have earned. Alternatively, you may want to jump into retirement with immediate plans. Continued on page 17
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May 2021
LAW CLERK SPOTLIGHT By Valerie Taylor
complex legal issues. Mr. Luthy emphasized the extent to which this has presented him with an opportunity to learn as well as discuss interesting legal issues and arguments with Judge Nagle. During the rest of his clerkship, Mr. Luthy is most looking forward to observing a full-size felony docket and hopefully a jury trial! Upon completing his clerkship with Judge Nagle, Mr. Luthy will be joining The Law Office of Landsman & Ronald located in Baltimore City, where he served as Cole Luthy a law clerk during law school. Mr. Luthy has very Cole Luthy is currently serving as law clerk to the much enjoyed his time working for this firm and is Honorable John J. Nagle, III. Mr. Luthy is originally looking forward to joining full-time as an attorney from Cambridge, Maryland. He briefly lived in later this year. Pennsylvania as a child and has lived and was raised in Baltimore since he was eight years old. Mr. Luthy Aside from the law, Mr. Luthy indicated that he is a attended high school at Loyola Blakefield, and then big sports fan and mostly enjoys football, basketball, went on to play college lacrosse at Sacred Heart and and baseball. As an experienced collegiate lacrosse Roanoke. Mr. Luthy ultimately graduated from player, Mr. Luthy has utilized his free time by Towson University where he majored in business with coaching high school lacrosse. Mr. Luthy also likes to a concentration in legal studies. Mr. Luthy recalled participate in the Volo City sports leagues and hang having his sights set on attending law school since his out with friends downtown. Mr. Luthy and his fiancé also like to take their two dogs on hikes and spend junior year of college. time exploring outside. Mr. Luthy attended law school at University of Baltimore School of Law and graduated in May of 2020. While in law school, Mr. Luthy was employed full-time and focused on gaining legal experience and education through various employment opportunities. This included completing an internship in the Maryland Court of Special Appeals for The Honorable Michael Wilson Reed. Upon graduating from law school, Mr. Luthy was very interested in pursuing a clerkship at the circuit court level. This was partially attributed to encouragement from Mr. Luthy’s step-father, a real estate attorney in Towson, who conveyed the value of a clerkship. Mr. Luthy knew that this would be a onetime opportunity that he definitely did not want to miss and has greatly enjoyed his time clerking for Judge Nagle.
Michael DeStefano
Michael DeStefano is currently serving as a law clerk to the Honorable Judith C. Ensor. Mr. DeStefano was born and raised in rural Wisconsin and attended school in Milwaukee, after which he served in the Army for eight years. Mr. DeStefano then moved to Mr. Luthy expressed that one of the most interesting Baltimore upon accepting a position working for parts of his clerkship, thus far, has been observing Cardinal Health in the medical logistics field. Mr. various motions hearings, which have presented THE ADVOCATE
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May 2021
LAW CLERK SPOTLIGHT
DREAMING OF RETIREMENT?
By Valerie Taylor
By Louis N. Hurwitz
DeStefano became interested in pursuing a career in law upon meeting his husband, an attorney, in 2014. Mr. DeStefano was inspired by stories of his husband’s legal endeavors, as well as those of his friends who were also attorneys. Mr. DeStefano originally went to law school to be a tax attorney and had an interest in pursuing a career with the federal government.
Part-time work may be a part of your plan. Some find it very rewarding to spend their new spare time volunteering. Traveling is also high on the list for many. Also, maintaining your health for as long as possible should be a priority as you enjoy your newfound freedom. It would be unfortunate to wind up as one who has worked hard all your life without getting to enjoy retirement.
Mr. DeStefano attended the University of Baltimore School of Law, where he participated in many activities, including serving on the Executive Board of the Law Forum Journal. Additionally, while in law school, Mr. DeStefano served as a law clerk to the Honorable Kathleen Gallogly Cox during the summer of 2019. Although Mr. DeStefano originally attended law school to pursue a career in tax law, his interests have since expanded to include criminal law, and he expressed an interest in potentially joining either the State’s Attorney’s Office or the Office of the Public Defender.
As someone who has enjoyed retirement for over two and one-half years, I acted on a suggestion to write this article. After an initial transition period of doing very little once I retired, my time now is filled with numerous activities. Throughout the pandemic, I meet every week with several close friends via Zoom. We take hikes regularly. I remain in contact with others via less scheduled and more spontaneous calls. Now that my wife and I are fully vaccinated, lunch with former colleagues and friends can resume. I remain involved in my favorite volunteer activity that I have written about in a previous article. I have taken advantage of owning my time and catching up on reading and writing an occasional piece now and then for this fine publication. I have other writing plans as well. Traveling had been on hold for us during the pandemic, but that has now resumed as we just took our first trip and look forward to hugging our grandson (and his parents, of course, now that they are fully vaccinated) for the first time since early March of last year. Baseball has opened to include fans in the stands. I plan to be there regularly. I won't bore you with my list of projects that keeps growing and growing. I plan on getting many of them done. Working part-time at some point is not out of the question, but for now, I don't know how I would fit into my schedule.
Mr. DeStefano has very much enjoyed his clerkship with Judge Ensor and has had the opportunity to see many diverse cases. He has been very impressed with the collaborative nature of the judiciary and the bar, which, he stated, is not something you are necessary taught or exposed to in law school. Mr. DeStefano expressed how much he is looking forward to experiencing a jury trial once the COVID-19 restrictions are lifted later this month.
Aside from the law, Mr. DeStefano has many diverse interests! He has a dog, Hannibal, a blue-nosed pit bull, who he enjoys taking on walks and exploring his neighborhood where he lives in Baltimore City. Mr. DeStefano also enjoys gardening and he has lemon trees, a banana tree, and two fig trees. Additionally, Deciding when to retire is a personal decision based he has a strong interest in repurposing items that he on many factors. Being financially and emotionally finds in his neighborhood and likes to incorporate prepared gives you more options and, therefore, more them into the aesthetic of his garden. control over your life. Be prepared to enjoy the next chapter of life. You will have earned it.
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May 2021
MULTI-JURISDICTIONAL FAMILY LAW JUDGES PANEL: A VIEW FROM THE BENCH By Kerri Cohen
On April 7, 2021, the Family Law Committee of the Baltimore County Bar Association hosted a one-hour, on-line panel with five distinguished jurists from Baltimore and surrounding jurisdictions: Judge Colleen A. Cavanaugh from Baltimore County, Judge Michael A. DiPietro from Baltimore City, Judge Angela M. Eaves from Harford County, Judge Fred Scott Hecker from Carroll County, and Judge Mary M. Kramer from Howard County. The judges shared valuable insight on how the courts in their respective jurisdictions expect to conduct hearings in family law matters moving forward. Following a grueling year of postponements and virtual proceedings, practitioners need to know what to expect with the courts now resuming in-person hearings and whether the use of virtual/remote or even telephonic hearings will continue. The judges also provided tips for conducting successful virtual hearings, moving cases forward when a parent is not receiving child access, as well as suggestions on what information they wish practitioners would present to the Court, but which is often overlooked or not addressed. Each judge was asked to address five questions by the two moderators Christine Malanga, Esq., the ViceChair of the Baltimore County Bar Association’s Family Law Committee and Krystle Howard, Esq. from Harford County: QUESTION 1: As we return to in-person hearings what, if any, types of cases or proceedings do you expect the courts to continue to hear virtually? The judges all agreed that the use of virtual/remote proceedings, in some fashion, will likely continue for the foreseeable future for matters such as uncontested divorces and scheduling conferences. For many jurisdictions, virtual/remote hearings are still preferred due to small courthouses, convenience, and ability to accommodate individuals who would not otherwise have participated. It is only when matters are contested with numerous witnesses and exhibits that an in-person hearing becomes necessary. In Baltimore County, Judge Cavanaugh indicated that THE ADVOCATE
the use of remote hearings has worked well and will be maintained for as many proceedings as possible, despite the court expanding to in-person hearings for longer, contested matters. To keep the number of people to a minimum in the courthouse, family matters such as scheduling conferences, settlement conferences, pre-hearing conferences, uncontested dockets and anything that can be conducted virtually will remain virtual, including mediations. Even when in-person hearings become the default again, Judge Cavanaugh indicated that there is no need to request a remote hearing for scheduling conferences since these hearings will continue to be virtual. Judge DiPietro advised that in Baltimore City, remote hearings will be used as much as logistics will allow, subject to the discretion of the assigned judge or magistrate. Baltimore City may continue to use remote hearing after the health crisis has passed, but no final determination has been made. In Harford County, Judge Eaves advised that the default is the use of virtual/remote hearings unless an in-person hearing is requested. However, contested matters with multiple witnesses and exhibits will be heard in-person. In Carroll County, even though in-person hearings are the default, the court is still conducting many types of hearing remotely, including scheduling conferences, uncontested divorces, guardianship cases and some pre-trial conferences (if technology permits). Further, a request can be made to the court to have the matter heard virtually by filing a Motion for Remote Participation by one or more of the lawyers or parties. It is not an all or nothing situation, and Judge Hecker recommended that counsel check the Carroll County Circuit Court Website for any updates and how to request a virtual hearing. Lastly, to minimize the amount people in the small space of the Howard County Courthouse, Judge Kramer advised that almost all family law matters are still being heard remotely, except for domestic violence matters. However, if one party would prefer an in-person hearing, a request can be made to the administrative judge who will decide on a case-by-case basis. When full in-person hearings resume, Judge Kramer
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MULTI-JURISDICTIONAL FAMILY LAW JUDGES PANEL: A VIEW FROM THE BENCH By Kerri Cohen
indicated she would continue the uncontested hearings and scheduling conferences virtually, including guardianship cases, which will allow more individuals to participate. She stated that the court wants to hear from anyone and everyone in guardianship matters. She noted that since moving to remote hearings for guardianship matters, more participants have attended virtually than when these hearings were in person. QUESTION 2: Will any matters be heard by phone? It was clear that the judges prefer to see the parties faces via Zoom or conduct the hearing in-person as opposed to telephonically. However, most of the judges indicated that for scheduling conferences and some uncontested matters, telephonic hearings have been successful. In Baltimore City, using their PolyCom phones system, the court has been able to make a record in the courtroom and accommodated one litigant on the PolyCom phone and one litigant in -person. Judge Hecker stated that pre-trial conferences in Carroll County are still often held telephonically due to limitation on technology and still seems to work just fine. Judge Eaves stated that in Harford County, telephonic hearing will not be utilized, unless the litigant truly does not have any other means of access to technology.
in advance (not just one day) hearings move much more smoothly. Additionally, she suggested for an attorney to have a tech savvy assistant or law clerk to help with the share screen function and scrolling when necessary. Although she indicated that her law clerk is able to assist with this function, if needed.
Judge Eaves recommended learning how to screen share for your exhibits. Have them open on your own device since in her courtroom, the clerk is not able to assist. Also, create a master list of your exhibits if you are introducing documents. If your client is not in the room with you (which is preferable since audio is hard to hear when sharing a computer) make sure the client or witness has a hard copy to look at so that they can authenticate the document. Lastly, Judge Eaves suggested having an idea of when witnesses will be needed for testimony. The best practice is to have witnesses show up at the beginning and the Court can be put in Zoom breakout room until it is time to testify.
Judge DiPietro noted that Baltimore City does not have electronic filing with MDEC yet and therefore exhibits cannot be uploaded in advance of the virtual hearing. Emailing exhibits ahead of time to the Judge’s chambers is perfectly acceptable, however, the court also cannot print out voluminous exhibits QUESTION 3: What is your #1 tip for virtual even if you email them ahead of time to the judge. Judge DiPietro suggested that practitioners please proceedings? deliver hard copies of lengthy multiple page Each of the judges provided useful tips for conducting documents. successful virtual hearings. Judge Cavanaugh advised attorneys to practice using the technology before the Judge Hecker recommended centering yourself in hearing and also with the client. This avoids potential front of your computer when speaking during a technical problems, lets the clients see how they will virtual hearing so that you can be picked up by the testify, where they will testify (preferably not from microphone and not to be off to the side. Setting your their bed, which has happened), test lighting, client in another room of your office, is often helpful microphones, familiarize themselves about how if you are in the same location. Consider using a documents will be presented as exhibits etc. Judge headset, which will allow you to move around a bit Cavanaugh also strenuously insisted that practitioners and still be heard. If language interpretation services pre-file exhibits. Don’t be concerned that the other are needed, everyone needs to have separate computer side will see your exhibits before trial. No one can or so that the interpreter can interpret simultaneously. should access these exhibits. If entered in several days He also recommended prefiling exhibits and trying to get stipulations if possible. Continued on page 22 THE ADVOCATE
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MULTI-JURISDICTIONAL FAMILY LAW JUDGES PANEL: A VIEW FROM THE BENCH By Kerri Cohen
He also said that it was important to give notice of witnesses and to ensure that they are aware of courtroom etiquette (i.e., no one else should be in the room when the witness is testifying via Zoom). And finally, he suggested that counsel provide proposed orders to the court to save time.
unless a Motion to Shorten Time is filed, the Court does not rule for another 15-18 days. A Motion to Shorten Time can be ruled on without a response from the other side per the Rule. The Court determines how serious the situation is and in Carroll County, the matter could be scheduled within a day or two if Judge Kramer agreed that prefiling exhibits is very serious enough. important but noted that pro se litigants do not have Judge Eaves agreed with Judge Hecker and Judge this ability which this can sometimes be a problem Kramer and advised that when she reviews the with virtual hearing and pro se litigants. However, emergency motions for visitation or custody, the counsel pre-filing exhibits that are 800 pages long is procedural requirement must be met first. The also not an effective way to present evidence to the example she provided was a party texting the other court. Having supporters for your client is nice, but party from the courthouse as they are filing would not please make sure they know not to make gestures like be enough time for the other party to have an eye-rolling or motioning a gun to the head, etc. It is opportunity to appear. She further explained that also important to make sure the parties are always on denial of visitation it is a little trickier because it is not the camera. Finally, remember, do not talk over each typically an emergency. Sometimes the court will other. Only one person can be recorded at a time, and refer the parties to mediation if they do not have a it is important to make a clear record. hearing scheduled soon. If expediency is really QUESTION 4: In cases involving children, what is needed and you think that you can get in on expedited the best way to move a case forward when visitation or emergency bases, Judge Eaves advised that the Motion should be limited to the immediate problem is lacking or not happening? that exists, not the entire case. Judge Kramer asserted that if one party is having no access to a child, the court should be notified. She Baltimore City Judge DiPietro also agreed with the suggested that counsel file a Motion for Expedited other judges and explained that there is a significant Hearing, which she indicated works much better than difference between Request for Emergency Relief and a Request for Emergency Hearing. If the word Request for Expedited Hearing. He suggested that “emergency” is stated in the Motion for Expedited practitioners look to Maryland Rule 15-504 Hearing, the motion will go directly to a magistrate to Emergency Relief, which requires a submission of a review the allegations for determination if an verified petition, which must allege the facts that immediate hearing will be scheduled. If granted, would cause a judge to believe that an immediate, within two-to-three weeks, the court will schedule a substantial, and irreparable harm would result before one-hour hearing with the parties to enter an Interim the final hearing. In most cases, an expedited hearing Order, so the child is not deprived of time with the is what is actually being sought and not an emergency parent as long as the parent is fit, and it is safe for the hearing. If it is couched as a Request for Emergency Hearing, it will go to the motions judge and will child. probably be denied because not having access to a In Carroll County, Judge Hecker acknowledged the child does not necessarily mean that irreparable harm difficulty lawyers face when the client is not seeing will occur. The bottom line is to request an expedited his or her children and that their Court works hearing or temporary access order so that the court can similarly to Howard County. He added that if an assist the grieved parent by coordinating access until attorney is seeking an expedited or emergency relief, the matter is fully litigated. Continued on page 22 THE ADVOCATE
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May 2021
ATTORNEY GRIEVANCES: HOW TO AVOID THEM By Ralph Sapia
On April 21, 2021, the Continuing Legal Education Committee held a program titled “Attorney Grievances: How to Avoid Them.” Erin A. Risch, Esquire, Deputy Bar Counsel Attorney Grievance Commission, and Stephen M. Cornelius, Esquire of Eccleston & Wolf, P.C. provided some excellent insight regarding the basis for grievances and how to avoid them.
If you make a mistake or have a complaint, the most important thing to do is address it. “Don’t bury your head in the sand,” said Ms. Risch. When you receive a letter from bar counsel, call your malpractice carrier and have counsel assigned. In many instances, sureties will cover grievances for no deductible. If you believe you have a malpractice issue, the first thing you should do is advise the client to seek independent counsel and do it in writing. This will avoid an ethics complaint In 2020, there were 1,599 complaints filed against and starts the statute of limitations. Maryland’s 41,177 lawyers. Of the complaints filed, 285 were docketed, resulting in 93 remedial actions, Finally, there are some proposed changes to Rule 19including 28 disbarments. Civil litigation, family 715. Currently, the rule allows the AGC to dismiss a law, and immigration cases garnered the most complaint with a warning if the attorney does not complaints. The three most common practice areas object. The proposed amendment will allow the AGC for complaints are civil litigation, family law, and to issue a letter with cautionary advice regardless of the immigration law. The most common complaints attorney’s objection, or dismiss with an admonition, were related to Rules 19-301.1 (competence), 19- which the attorney can preclude by objecting. 301.3 (diligence), and 19-301.4 (communication). I Those in attendance found value in the program. When thought about the advice given at my law school Chris Malanga’s daughter and current 3L at the graduation by the then-President of the American Bar University of Maryland Carey School of Law Association, who told the class the three rules to questioned her attendance, Ms. Malanga stated, “I avoid a grievance “1. Return your calls. 2. Return shared with her my belief that it is always a good idea your calls and 3. Return your calls.” Ms. Risch to spend an hour of your time to review the basics of suggested setting the client’s expectations regarding avoiding an AGC complaint to avoid an AGC certified updates on their case in the beginning. She noted that letter.” Ms. Malanga went on to say that she used the some lawyers include provisions in their retainer time to review Rules 19-407 through 19-410 to ensure agreements establishing the time frame for returning she is maintaining the correct escrow records. Michael calls. Ms. Risch stated, “I have seen retainer Barranco said the program “succinctly covered the agreement that specifically set 48 hours as the time most common causes of lawyers getting into situations for returning calls.” which might result in a grievance.” Mr. Barranco also Mr. Cornelius and Ms. Risch provided some helpful gave high praise to Ms. Risch and Mr. Cornelius, dos and don’ts. The first and easiest way to avoid a calling them worthy successors to former Chief Bar grievance is to screen difficult clients. “Don’t be the Counsel Glen Grossman and Eccleston’s Al Frederick’s third lawyer in a case,” said Mr. Cornelius. Avoid “Road Show” of years passed. cases that are beyond your practice area. “Don’t If you missed the program, you can watch it on the Dabble.” Fee disputes often end in grievances, so BCBA YouTube channel. think twice before suing a client, and if you still want to, think again. Avoiding fee disputes is easy if you P.S. Now go and return that phone call! have a written agreement, which sets expectations and includes an “evergreen” clause, which is sure to prevent a client from getting in front of you.
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MULTI-JURISDICTIONAL FAMILY LAW JUDGES PANEL: A VIEW FROM THE BENCH By Kerri Cohen
Building on what other judges said, Judge Cavanaugh indicated that in Baltimore County, there are multiple opportunities for the Court to address the access situation throughout the progression of the case – i.e., scheduling conference the magistrate, mediation, • pendente lite hearing etc. She emphasized that all family law practitioners should read the Family Law Differentiated Case Management (DCM) Plan on the Baltimore County Webpage launch page. Specifically • pages 20-22 set forth the difference between Ex-Parte Request, Emergency Requests and Expedited Request and what the different criteria the Court uses for each of those requests. Missing visitation, although is very upsetting, is not an emergency. The bar is pretty high for emergencies, but it might require an expedited review. •
QUESTION 5: What are your pet peeves about what we as practitioners are failing to see or present in our cases that you really wish that we would? • Here is a list of some key points to take away: •
Do not have a witness just start talking about the content of a document or photograph, remember • to lay a foundation.
•
Submit proposed orders with motions.
•
If there are discovery disputes, don’t wait until the last minute to file a Motion to Compel or for Sanctions because there is little the court can do • on the eve of trial.
•
Date stamp discovery responses to show documents were provided in a systematic fashion, which gives counsel credibility to demonstrate that the documents were actually provided.
•
In contempt cases if you ask for a purge • provision, you should provide evidence that there is a present ability to meet the purge provision.
•
Try to get stipulations as much as possible.
•
Just because a document is provided in discovery does NOT make it admissible (still needs to be authenticated and it cannot be hearsay) Further, if
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•
•
you need a witness to authenticate that document, then you need to make sure that you have that witness present to testify or have a business record certification to admit the document. Social media evidence: text messages etc. LESS IS MORE! The court does not want to go through hundreds of pages to determine what is important. Remember that Contempt Petitions and Motions to Modify are not going to be set at the same time. Show Cause Hearings for Contempt Petitions are generally scheduled before Modifications. If you want the contempt heard with the modification, you should file a Motion requesting that they be heard at the same time. In custody cases, it is important to focus on the custody factors and have your client provide testimony pertaining to those factors. If you are asking that the court order custody to your client, it is a good idea to ask your client to tell the court why granting custody to him or her is in the best interest of the child. The court wants to hear why your client is a great parent instead of hearing how the other parent is such a horrible person. If you are going to claim the other parent is horrible, be able to tell the court how the other parent’s behavior affects the child. If there was some dramatic event that took place some time in the past, it is fine to talk about it and how that event effected the child, but then move on. It is more important to focus on what is happening now. Avoid finger-pointing. File your 9-207 Joint Statement of Marital Property timely. File your 9-204.2 Joint Statement Regarding Decision Making and Parenting Time before the hearing and by the deadline stated in Scheduling Order. Make the statement brief.
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MULTI-JURISDICTIONAL FAMILY LAW JUDGES PANEL: A VIEW FROM THE BENCH By Kerri Cohen
•
When asking for alimony, have your client testify how much alimony is needed and do not say whatever the court thinks is appropriate.
The webinar was a great success, and a total of 118 people attended via zoom. For those who were not able to tune in, you can watch if you click on the Baltimore County Bar Association’s YouTube Channel link however, this article provides a thorough summary of the information presented.
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 online. If you are considering joining Lawyer Referral for the first time and have any questions, contact LRIS Coordinator, Jacob Bengel at jbengel@bcba.org. Remember...You can join or renew at any time! We are looking for a few good screeners! As the bar office opens more regularly, we need phone screeners to help in person. LRIS panel members, call or email Jacob for more information on available shifts.
BALTIMORE COUNTY BAR ASSOCIATION HISTORICAL COMMITTEE Do you have old photos of past Baltimore County Bar Association events and programs? We would love to have them! Please email Rachel Ruocco at rruocco@bcba.org to coordinate. Do you have a favorite memory of the Baltimore County Bar Association you would like to share? Or maybe a funny story? Email those too. The BCBA Historical Committee is hard at work on a yearbook to commemorate the 100th Anniversary of the Baltimore County Bar Association and your photos and
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May 2021
LEGISLATIVE UPDATE By Tommy Thompsett
The 441st Legislative Session of the Maryland General Assembly adjourned on April 12, 2021, marking the end of one of the most unusual sessions in Maryland history. In deference to the ongoing COVID-19 pandemic, the Maryland General Assembly implemented strict protections for the 2021 Legislative Session, including virtual hearings and voting sessions, masks and plexiglass barriers on the House and Senate Floors, and limited access to state buildings and legislators by lobbyists, advocates, and other members of the interested public.
access to counsel in select civil cases with the passage of Senate Bill 154/House Bill 18.
The legislation will provide access to legal counsel in landlord-tenant proceedings for those who occupy a residential rental property or are a household member with an income that is not greater than 50% of the State median income. To facilitate this access, the bill establishes the Access to Counsel in Evictions Program, administered by the Maryland Legal Services Corporation (MLSC), to organize and direct services and resources to provide access to such legal representation. The bill also establishes the Access to Despite the physical and procedural changes, the Counsel in Evictions Special Fund administered by 2021 session was still jam-packed as members of the MLSC. Maryland General Assembly introduced 2,344 bills, excluding local bond initiatives and 13 Joint The MGA hoped to fund the Access to Counsel Program through a significant surcharge increase on Resolutions. failure to pay rent court filings, but House Bill 31, The following synopsis is not an exhaustive report of containing the surcharge fee increase, failed to pass in all the legislative activities this session but serves as the final minutes of the session despite a House an overview of particular topics of interest that concurrence. Luckily for MLSC, it has until October 1, passed and therefore may impact the actual practice 2025, to fully implement the program. of law or how you run your practice: Sponsors SB 154/HB Bill 18: Senator Shelly Civil Matters Hettleman (D – Baltimore County) and Delegate Wanika Fisher (D – Prince George’s County) Amount in Controversy Sponsor HB 31: Delegate Luke Clippinger (D – Senate Bill 669/HB 902 is a proposed constitutional Baltimore City) amendment that, if approved by the voters in the November 2022 general election, would increase this Maryland Legal Services Corporation Funding – amount in controversy threshold for a right to a civil Abandoned Property jury trial to more than $25,000. MLSC did have some positive gains this session with Senate Bill 670/House Bill 899 makes a the passage of Senate Bill 413/House Bill 514: corresponding statutory change necessary to Maryland Legal Services Corporation Funding – implement the constitutional amendment and will Abandoned Property. Statutory provisions under Title take effect only if the voters approve the amendment. 17 of the Maryland Commercial Law Article set forth procedures regarding the treatment of abandoned Sponsors of both bills: Senator Jeff property in the State, including procedures relating to Waldstreicher (D – Montgomery County) and the sale of abandoned property. The Comptroller must Delegate Sandy Bartlett (D – Anne Arundel County) credit all funds received by the State under Title 17 to the Unclaimed Property Fund. The bill will increase, Civil Gideon from $2.0 million to $8.0 million, the Comptroller’s The 1963 Supreme Court decision of Gideon v. required annual distribution from the Unclaimed Wainwright provided that criminal defendants have a Property Fund to the MLSC Fund. MLSC will, in turn, fundamental right to counsel even if they cannot provide grants to eligible organizations to assist afford it. Now nearly 60 years later, Maryland takes indigent clients in civil proceedings. its first step towards a civil Gideon by extending
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LEGISLATIVE UPDATE By Tommy Thompsett
Sponsors: Senator Guy Guzzone (D – Howard Sponsors: Senator Charles Sydnor (D – Baltimore County) and Delegate Ben Barnes (D – Prince County) and Delegate Terri Hill (D – Baltimore & George’s County) Howard Counties) Civil Actions - Financial Exploitation Susceptible Adults and Older Adults
of Child Support – Guidelines
Chapters 383 and 384 of 2020 made numerous When it becomes law on October 1, 2021, Senate Bill changes to statutory provisions regarding child 327: Maryland SAFE Act will establish a civil cause support obligations, including: of action that a financially exploited “susceptible adult” or “older adult” may bring against a financial (1) revising the schedule of basic child support exploiter of the susceptible or older adult. The cause obligations used to calculate child support amounts of action authorized under the bill survives the death under the State’s child support guidelines; of the susceptible or older adult. The cause of action (2) establishing circumstances under which a court is also in addition to and cumulative with any other may decline to establish a child support obligation; criminal or administrative claims, legal or equitable and cause of action, and other remedies available to the susceptible or older adult. The bill authorizes (3) requiring a court to take specified actions if there specified individuals, as well as the Consumer is a dispute about whether a parent is “voluntarily Protection Division and the Division of Securities impoverished.” within the Office of the Attorney General, to bring an The above changes were set to take effect October 1, action on behalf of a susceptible or older adult. A 2021, and have prospective application only. plaintiff in such an action may recover compensatory damages, treble damages, and other specified In anticipation of the changes, the Department of Human Services (DHS) is developing a new child remedies. support management system. The development of the Sponsor: Senator Jeff Waldstreicher (D – new management system hit unexpected delays. If Montgomery County) Chapters 383 and 384 were to take effect as Employment Discrimination - Time for Filing scheduled, DHS would have been obligated to incorporate the needed changes into both the new Complaints management system and the existing child support Senate Bill 455/House Bill 290 will increase the time system at a significant cost. The MGA passed House for filing a complaint with the Maryland Commission Bill 1339 to delay until July 1, 2022, the effective date on Civil Rights (MCCR) alleging an unlawful for Chapters 383 and 384. employment practice other than harassment from within six months to within 300 days after the date on Sponsored: Delegate Kathleen Dumais (D – which the alleged discriminatory act occurred. Under Montgomery County) the bill, a claimant will have complied with the bill’s Action for Change of Name filing requirements if a complaint has been filed with a federal human relations commission within six Senate Bill 581/House Bill 39 requires a court, on months or a local human relations commission within motion by an individual who has filed an action for change of name under Maryland Rule 15-901, to 300 days. waive the publication requirement set forth in the A timely filed administrative complaint is generally Rule. It should be noted that Maryland Rule 15-901 necessary in order to bring a subsequent civil action sets forth procedures for a change of name other than that alleges an unlawful employment practice. The in connection with an adoption or divorce. The bill bill becomes effective on October 1, 2021. becomes law on October 1, 2021.
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LEGISLATIVE UPDATE By Tommy Thompsett
Sponsors: Senator Shelly Hettleman (D – Baltimore Sponsors: Senator West (R – Baltimore County) and County) and Delegate Emily Shetty (D – Montgomery Delegate Jazz Lewis (D – Prince George’s County) County) Recall of Arrest Warrants Criminal Matters Beginning October 1, 2021, a district court judge or a Juvenile Restoration Act circuit court judge, on a finding of good cause, will be able to recall an arrest warrant issued by a district The MGA passed Senate Bill 494/House Bill 409, court commissioner and then issue a summons in its Juvenile Restoration Act (the Act). The bill had bi- place thanks to the passage of Senate Bill 862/House partisan sponsors championing the bill. The Act first Bill 366. provides that mandatory minimum sentencing requirements do not apply to minors tried and Sponsors: Senator Jeff Waldstreicher (D – convicted as adults. Similarly, the bill prohibits a Montgomery County) and Delegate John Cardin (D – court sentencing a minor convicted as an adult to life Baltimore County). imprisonment without the possibility of parole or release. Finally, the bill provides an inmate who was Possession of Ransomware convicted as an adult for an offense committed when Senate Bill 623/House Bill 425 will prohibit a person the inmate was still a minor and has been in prison for from knowingly possessing “ransomware” with the at least 20 years an opportunity to file an additional intent to use the ransomware for the purpose of motion for modification of sentence. A judge may not introduction into the computer, computer network, or modify, meaning reduce, the sentence unless the computer system of another person without the judge finds, after a hearing, that “the individual is not authorization of the other person. The bill, which a danger to the public” and that “the interests of becomes effective October 1, 2021, does not apply to justice will be better served by a reduced sentence.” a person who has a bona fide scientific, educational, Opponents of the bill argued that defendants already governmental, testing, news, or other similar have enough ways to modify and/or challenge a justification for possessing ransomware. Violators sentence, stating that the bill was unnecessary and will be guilty of a misdemeanor, punishable by deprives victims and/or their families of finality in imprisonment for up to two years and/or a maximum criminal prosecutions. Supporters contended, fine of $5,000. however, that the U.S. Supreme Court has consistently ruled that life without parole for children under 18 years of age is unconstitutional in the vast majority of cases because of their “diminished culpability and heightened capacity for change.” Furthermore, a 2020 study from Montclair State University found that individuals sentenced to life without parole as children in Pennsylvania who were released in the last five years saw a recidivism rate of approximately 1%, a stark comparison to Maryland’s overall recidivism rate of that remains around 40%.
Concerned that the bill will “contribute to the retraumatization of the victims of these heinous crimes” and arguing essentially that the punishment should fit the crime, the Governor promptly vetoed the legislation and the legislature, who was still in session, overrode the veto just as promptly. This legislation becomes effective October 1, 2021. THE ADVOCATE
The bill also prohibits an individual from committing a ransomware offense with the intent to interrupt or impair the functioning of a health care facility or a public school, and if the aggregate amount of the loss is $10,000 or more, an individual is guilty of a felony and on conviction is subject to imprisonment not exceeding ten years or a fine not exceeding $100,000 or both. Sponsor: Senator Susan Lee (D – Montgomery County) and Delegate Erek Barron (D – Prince George’s County) Decriminalization of Drug Paraphernalia for Administration With the passage of Senate Bill 420/House Bill and beginning October 1, 2021, a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous
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LEGISLATIVE UPDATE By Tommy Thompsett
substance (CDS) by hypodermic injection will not be considered “controlled paraphernalia” under the Maryland Criminal Law Article. Accordingly, the bill alters an element of the criminal prohibition against possession or distribution of controlled paraphernalia to include possession or distribution of controlled paraphernalia for purposes of manufacturing, distributing, or dispensing, rather than “administering,” a CDS.
notice by the court must include a written form for general waiver and release of all tort claims relating to the charge or charges eligible for expungement. Sponsors: Senator Obie Patterson and Delegate Wanika Fisher (both D – Prince George’s County) Driving on a Canceled, Suspended, Refused, or Revoked License/Privilege
The MGA passed Senate Bill 114, which allows convictions for driving on a canceled, suspended, refused, or revoked license/privilege to be expunged beginning October 1, 2021. The bill also establishes that the subsequent offender penalty under § 16-303 of the Maryland Transportations Article only applies Finally, the bill then reduces penalties related to controlled paraphernalia from a maximum penalty of when a person violates § 16-303 within three years of four years imprisonment and/or a $25,000 fine to a a prior conviction under § 16-303. maximum penalty of one year imprisonment and/or a Sponsor: Senator Cory McCray (D – Baltimore City) $1,000 fine. Subsequent offender penalties for violation of the prohibitions against the use or Workgroup to Study Partial Expungement possession of drug paraphernalia and delivery or sale During the 2020 session, the General Assembly of drug paraphernalia also decrease from a maximum passed House Bill 1336, but the Governor vetoed the penalty of two years imprisonment and/or $2,000 fine bill. The General Assembly overrode the veto during to a maximum penalty of one year imprisonment and/ the 2021 session, and the bill became Chapter 31 of or $1,000 fine. 2021. Among other provisions, Chapter 31 establishes the Partial Expungement Workgroup, Sponsor: Senator Jill Carter (D – Baltimore City) and which will be required to study and develop a plan Delegate David Moon (D – Montgomery County) and legislative recommendations for enabling the Automatic Expungements expungement of criminal charges that are currently Senate Bill 201/HB 1269 requires that, beginning not eligible for expungement under the “unit rule.” October 1, 2021, any police record, court record, or The unit rule applies to expungements under §§ 10other record maintained by the State or a political 105 and 10-110 of the Criminal Procedure Article and subdivision of the State relating to the charging of a states that if two or more charges, other than one for a minor traffic violation, arise from the same incident, crime or a civil offense for possession of less than 10 grams of marijuana, including a must-appear violation transaction, or set of facts, they are considered to be a of the Transportation Article, must be expunged three unit. If a person is not entitled to expungement of one charge or conviction in a unit, the person is not years after a disposition of the charge if no charge in the case resulted in a disposition other than acquittal, entitled to expungement of any other charge in the dismissal, not guilty, or nolle prosequi, excluding a unit. The bill also removes a measuring spoon as an item commonly used to illegally manufacture, distribute, or dispense a CDS for purposes of establishing an unlawful intent to use controlled paraphernalia.
nolle prosequi with a requirement of drug or alcohol The MGA passed emergency legislation, Senate Bill treatment. 874/House Bill 882, that made several alterations to If willing to waive potential tort claims, the bill also the workgroup established in Chapter 31 to include: requires the court to notify eligible defendants of the existing right to petition-based expungement under § 10-105 of the Criminal Procedure Article. The court must notify the defendant by mail if the defendant is not present in court for the disposition. The required THE ADVOCATE
(1) renaming the workgroup as the Workgroup to Study Partial Expungement; (2) altering the composition of the workgroup by adding as a workgroup member one representative of
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LEGISLATIVE UPDATE By Tommy Thompsett
the Job Opportunities Task Force, to be appointed by person’s race, color, national origin, sex, gender the Governor; identity, or sexual orientation, whether or not accurate, (1) does not constitute legally adequate (3) requiring that the representative of the provocation to mitigate a homicide from murder to Administrative Office of the Courts be appointed to manslaughter and (2) is not a defense to the crime of the workgroup by the Chief Judge of the Court of assault in any degree. The bill is effective October 1, Appeals 2021. (4) requiring that the workgroup elect a chair from Sponsors: Senator Clarence Lam (D – Baltimore & among its members; Howard Counties) and Delegate Julie Palakovich Carr (5) modifying the workgroup’s reporting deadline for (D – Montgomery County), legislative recommendations from January 5, 2021, Child Abuse – Continuing Course of Conduct to January 5, 2022; and Senate Bill 505/House Bill 277 establishes that an (6) establishing a termination date for the workgroup individual who engages in a continuing course of at June 30, 2022. conduct that includes three or more acts of secondSponsor: Senator Carl Jackson (D – Prince George’s degree child abuse will now be a violation of the & Calvert Counties) and Delegate Erek Barron (D – State’s prohibition on first-degree child abuse. Beginning October 1, 2021, a violator can be found Prince George’s County) guilty of a felony and subject to imprisonment for up Gender Identity – Hate Crimes to 25 years. Beginning October 1, 2021, “gender identity” will be included on the list of protected classes under existing hate crime statutes thanks to the passage of Senate Bill 220/House Bill 128. “Gender identity,” as defined in § 20-101 of the State Government Article. The bills also (1) authorize a sentencing court to order a person convicted of a hate crime to complete an antibias education program and (2) require the University System of Maryland to manage the development of an antibias education program. “Gender identity” means the gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth, which may be demonstrated by the consistent and uniform assertion of the person’s gender identity or any other evidence that the person sincerely holds gender identity as part of his/her core identity. The bill is effective October 1, 2021.
Sponsors: Senator Shelly Hettleman (D – Baltimore County) and Delegate Vanessa Atterbeary (D – Howard County), Address Confidentiality Programs Senate Bill 109 merges the Address Confidentiality Program for victims of domestic violence and the Human Trafficking Address Confidentiality Program into a single Address Confidentiality Program administered by the Secretary of State (SOS). Program eligibility is expanded to include survivors of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking. Eligible applicants are expanded to include individuals who reside in the same household as an eligible applicant or program participant. Sponsor: at the request of the SOS
Worth Noting Sponsors: Senator Shelly Hettleman (D – Baltimore County) and Delegate Vaughn Stewart (D – Maryland Essential Workers Protection Act Montgomery County) With the introduction of the Maryland Essential Mitigation and Defense based on Discovery of Workers' Protection Act, Senate Bill 486/House Bill Victim’s Status 581, Senator Malcolm Augustine (D – Prince Senate Bill 46/House Bill 231 will establish that the George’s County) and Delegate Dereck Davis (D – discovery or perception of, or belief about, another Prince George’s County) proposed the most discussed and debated bill of the session. As introduced, the bill THE ADVOCATE
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would have required employers of essential workers, as defined in the bill, to do the following when any state or local state of emergency was declared, including the current state of emergency in response to the COVID-19 pandemic: (1) a hazard wage, prospectively for the State’s current emergency and from the beginning of all other emergencies, of no less than $3 per hour for each pay period actually worked during an emergency to employees making less than $100,000 per year;
not covered by the essential worker’s insurance and notify other employees who may have been exposed to a said communicable disease and MDH of an essential worker’s positive test; (4) if the federal government or State provide funding for such, provide paid “public health emergency leave” of 112 hours for full-time (40 hours/per week), non-teleworking, essential workers or an amount of hours equivalent to the average of a typical four-week period of a part time essential worker; and
(2) assist with healthcare costs for employees with or without health coverage, including reimbursement and payment of copays, insurance premiums, and out of pocket costs or assistance with obtaining and paying for health insurance coverage;
(5) limit public health emergency leave to use for the following purposes: (a) to isolate without an order to do so because the essential worker has been diagnosed with the communicable disease that is the subject of the emergency or is experiencing associated symptoms; (b) to care for a family member who is (3) permit an employee to refuse to fulfill a isolating for the same reason; or (c) for related and responsibility that is required or encouraged by an specified public health and safety reasons. essential employer, relating to an unsafe work environment; The bill is an emergency measure and awaits the Governor’s consideration and signature. (4) develop and enforce a Health Emergency Preparedness Plan, which must be submitted to local Renaming of the Courts of Appeals & Court of and state officials by December 31st of each year; Special Appeals including paid leave for emergency-related reasons; Speaking of name changes, Senate Bill 666/House (5) provide three days of bereavement leave and 14 Bill 885 propose an amendment to the Maryland days of health leave, separate and distinct from the Constitution that, if approved by the voters at the 2022 general election, renames the Court of Appeals State’s currently mandated sick and safe leave; and as the Supreme Court of Maryland and renames the (6) report all positive cases of infectious diseases to Court of Special Appeals as the Appellate Court of the Maryland Department of Health (MDH) and Maryland. Under the bill, a Justice of the Supreme informing workers who may have been exposed. Court of Maryland is the successor to a Judge of the The bill received significant pushback from Court of Appeals, and the Chief Justice of the businesses of all sizes. The legislature, after calling a Supreme Court of Maryland is the successor to the joint legislative workgroup that included select Chief Judge of the Court of Appeals. A Judge of the opponents and proponents, hammered out and Appellate Court of Maryland is the successor to a ultimately passed a more streamlined bill that requires Judge of the Court of Special Appeals, and the Chief employers of essential workers as defined in a Judge of the Appellate Court of Maryland is the Governor’s declaration of a catastrophic health successor to the Chief Judge of the Court of Special Appeals. Previous names and titles have the same emergency to do the following: meaning as the new names and titles in all laws, (1) provide working conditions that comply with state executive orders, rules, regulations, policies, or and local safety standards; documents created by a State official, employee, or (2) provide no-cost “safety equipment,” not unit. necessarily PPE, to essential workers;
Sponsors: Senator Douglas J. J. Peters and Delegate (3) pay for testing for the communicable disease that Ron Watson (both D – Prince George’s County) is the subject of the catastrophic health emergency, if THE ADVOCATE
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LEGISLATIVE UPDATE By Tommy Thompsett
Task Force to Study the Maryland Orphans' Baltimore (UB) School of Law, the University of Courts Maryland (UM) School of Law, and the Maryland historically black colleges and universities (HBCUs) House Bill 681 establishes the Task Force to Study to increase diversity in the legal field. Beginning in the Maryland Orphans’ Courts. The task force must: fiscal 2023, the Governor must appropriate $125,000 (1) examine the composition and purpose of the to each scholars program at the UB School of Law and the UM School of Law. The UB School of Law orphans’ courts; and the UM School of Law must each match up to (2) review and compare the orphans’ courts in each $125,000 of the State appropriation. The bill takes local jurisdiction; effect July 1, 2021. (3) analyze and compare the laws and practices of Sponsor: Senator Cory McCray (D – Baltimore City) other states relating to probate courts; Official Stamp of a Notary Public (4) examine any other research, analysis, or guidance Senate Bill 212 was introduced to clarify the related to the best practices of probate courts; and information that must be included in the official stamp (5) make recommendations on how to improve the of a notary public. This legislation repeals a orphans’ courts. requirement that the official stamp of a notary public The task force must report its findings and include the notary public’s “jurisdiction” and provides recommendations to the Governor and the General that for a notary public who resides in the State of Maryland, the official stamp must include the county Assembly by January 1, 2022. in which the notary public resides. For a notary public Sponsor: Delegate Jason Buckel (R – Allegany who resides outside the State, the official stamp must County), include the county in which the notary public was qualified. Senate Bill 212 takes effect July 1, 2021. Involuntary Admission Application – LCWS Sponsor: at the request of the SOS Senate Bill 466/House Bill 689 authorizes a licensed certified social worker-clinical (LCSW-C) or a Disclosure of Notary’s Address and Phone Number licensed clinical professional counselor (LCPC), in conjunction with a physician, to (1) certify an Senate Bill 132 was introduced to shield the home individual for involuntary admission to a facility or a address or home telephone number of notaries public Veterans’ Administration (VA) hospital and (2) assent by requiring that a custodian of a public record can to the voluntary admission of a minor to the child or only allow inspection of the part of a public record adolescent unit of a State facility. Currently, both that includes this information only if the notary public psychologists and psychiatric nurse practitioners are has not provided the custodian with a business address able to sign such certificates so long as they are joined or business telephone number. This legislation by a licensed physician. This bill would add the becomes effective on October 1, 2021. highest level of professional social workers to the list Sponsor: at the request of the SOS of people authorized to join with doctors in signing such a certificate. The bill becomes effective on October 1, 2021. Sponsor:Senator Chris West (R – Baltimore County) and Delegate McComas (R – Harford County), Legal Education Establishment
Success
Collaborative
-
Senate Bill 526 establishes the Legal Education Success Collaborative between the University of THE ADVOCATE
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