Advocate November 2018

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVIII, NO. 5

November 2018

PRESIDENT’S MESSAGE

by Rebecca A. Fleming As the holidays approach, and as we are all faced with one tragic news story after another, this is a great time to take stock in what we are thankful for, and how we can give back. John F. Kennedy once famously said “For of those to whom much is given, much is required.” The inspiration for this quote came from Luke 12:48: “For unto whomsoever much is given, of him shall be much required.”

This has been further revised over the years and is commonly recalled as “to whom much is given, much is expected.”

The sentiment behind the quote, no matter your preference, is that we all have an obligation to use our talents and gifts to benefit others. Personally, my favorite variation of the quote comes from Spiderman’s uncle – “with great power, comes great responsibility.”

Whatever good that comes to us, should be sent back into the world from us. While that axiom is always relevant, there seems to be a more intense push to pay it

forward during this time of year.

Without even looking further than this issue of The Advocate you will find events that the BCBA is holding between now and the end of the year that offer the opportunity to give back. We have a team walking in the American Foundation for Suicide Prevention Out of the Darkness Walk on Saturday, November 3rd and that team is growing by the day. We have our Wines and Whiskey Fundraiser event on November 8th that also raises funds for the American Foundation for Suicide Prevention. Our Young Lawyers Committee is working on their holiday lunch which will take place on December 5th, and which will once again request donations or unwrapped toys to donate to CASA of Baltimore County.

I am sure that the Settlement Court judges and staff will be collecting donated toys.

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Inside This Edition Bench/Bar Update Byrnes Portrait Unveiling Calendar of Events Committee News Civil Law Update Court Notices Criminal Law Update District Ct Assignments Family Law Dinner In Chambers With…

Member Ads Members News Portrait Committee Pro Bono Reception Professionalism Save the Date flyer

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6 22 3 30 8 4 16 4 21 12 48 28 26 11 15 23

Planet Depos THE ADVOCATE

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November 2018

PRESIDENT’S MESSAGE

by Rebecca A. Fleming My Irish grandmother used to always say that you should joyfully give to the poor box every Sunday after Mass because if you were able to leave something in the poor box, then it meant that you did not need anything from it. She divided the world into two categories – those who were in need, and those who were able to give. If you were not in need, then you were called upon to give, no matter how little you had to give.

right behind marrying my husband and having children, and that is what I tell law students. I am thankful that I am an attorney because it has brought me to this moment in my life, and I could not have chosen a better place in which to be.

Before I start getting ready for one of my favorite days of the year (Black Friday), I wanted to extend my best wishes to all of you for a very Happy Thanksgiving!

As attorneys, we are called upon to give. For some of us that means donating our time to pro bono work. For others it is volunteering on a bar association committee or sponsoring an event. I am always amazed at how excited our members get about planning or attending an event. It is clear to me that we have members who recognize that being an attorney is more than a career, it is a lifestyle, and that lifestyle includes using our time and talents in ways that impact the world outside of the courtroom.

It also includes recognizing and celebrating each other.

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

Despite the daily dose of negative news, there is much for which each of us can be thankful. When you reflect on what you are thankful for this year, what is on your list? This is a time of year to let your family and friends know that you are thankful for them. There are many attorneys who have the time they need to devote to their career only because of the support of family, friends, or a really good nanny! This year I have expanded my list to add being thankful that my law partners, Mary Sanders and Chris Nicholson, support all of my work for the BCBA, even when that works includes drafting a President’s Message at my desk in the middle of the work day.

Beyond the people in our lives, we should give thanks for whatever blessings have been bestowed upon us. Hopefully, we can all recognize what those things are. Sometimes it is not always that easy. I cringe when I hear other attorneys ask young law students what they are thinking in striving to become an attorney. Deciding to go to law school was one of the best decisions I made, THE ADVOCATE

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November 2018

C ALENDAR

2018-19 Officers President Pres-Elect Secretary Treasurer

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

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

Adam T. Sampson,

The Advocate

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Ari J. Kodeck Committee Chair

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Adam E. Konstas Committee Vice -Chair

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Contributing Writers

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Michael Barranco Laura Burrows Bruce E. Friedman Raymond A. Hein Susan Francis Cecilia B. Paizs Kate Rosenblatt Kimberly K. P. Rothwell Michelle D. Siri Debra A. Thomas Laurie M. Wasserman Matt Wyman

The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law.

Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.

The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Publication deadline: 15th of the month preceding publication.

THE ADVOCATE

E VENTS

November 2018

Immediate Past President Craig R. Borchers, Young Lawyers Chair

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Out of the Darkness Walk, 9am, Rash Field, Baltimore Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Suite 201, Towson Courts & Bar Office Closed, Election Day Bench Bar Committee Meeting, 8am, 4th floor Judicial Conference Room Wines & Whiskey Tasting Fundraiser, 6pm, Maryvale Preparatory School, 11300 Falls Rd, Brooklandville Courts & Bar Office Closed, Veterans’ Day Estates & Trusts, Overview of the Tax Cuts & Jobs Act, 5pm, Grand Jury Room Criminal Law, Evidence Update with Judge Murphy, 5pm,Harford County Circuit Ct., 20 W. Court St, Bel Air Family Law Dinner, Custody & Psychological Evaluations, 6pm, Vito’s Ristorante, 10249 York Rd, Timonium Lawyer in the Lobby Clinic, 4:30 -6:30pm Memorial Service, 3:30pm, Ceremonial Courtroom 5 Civics & Law Academy, 8:30am, CCBC Dundalk National Adoption Day, 10:00am, Ceremonial Courtroom 5 Courts & Bar Office Closed, Thanksgiving Bar Office Closed, Thanksgiving Family Law Evening Series, 5pm, Grand Jury Room Portrait Unveiling for Judge Barbara Kerr Howe, 4pm, Circuit Court, 3rd floor courtroom TBD NIWC, How to Get Social Media Into Evidence, 5pm, Grand Jury Room Young Lawyers Happy Hour, 5pm, The Point, Towson

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Family Law, 12pm, Grand Jury Room, Tracing of Marital Assets Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Young Lawyers Holiday Lunch & Toy Drive, 12pm, Circuit Court, Ground Floor Lobby Holiday Party, 5pm, Towson Tavern, 516 York Rd Lawyer in the Lobby Clinic, 4:30 -6:30pm Bench/Bar Committee Meeting, 8am, 4th floor Judicial Conference Room

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Portrait Unveiling for Judge Dana M. Levitz, 3:30pm, Circuit Court, 3rd floor courtroom TBD 18.

Estates & Trusts Committee Holiday Party, 12pm 24-Jan 1 Bar Office Closed Page 3

November 2018

COURT NOTICES

JUDICIAL PORTRAIT UNVEILINGS Thank you to those members who have contributed to the Judicial Portrait Fund of the Baltimore County Bar Foundation.

completed, so if you have not contributed to the fund, please see the flyer on page 24 and consider sending in a donation.

The next portrait unveiling ceremonies will be held in November and December and all are welcome and encouraged to attend. On Tuesday, November 27 at 4:00 p.m. on the 3rd floor of the Circuit Court, there will be a portrait unveiling ceremony for Judge Barbara Kerr Howe.

On Friday, December 14 at 3:30 p.m. on the 3rd floor of the Circuit Court, there will be a portrait unveiling for Judge Dana M. Levitz.

We still have many portraits to be funded and THE ADVOCATE

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November 2018

COURT NOTICES Counsel are reminded that Maryland Rule 1-311 requires that you include your e-mail address, along with a facsimile number, if you have one, on any pleading or other paper filed with the Court. Email addresses are particularly helpful when there is a need to contact counsel on short notice. Please remember to include this information in your signature block.

When filing subpoenas in Baltimore County District Court, please verify that you are using the most recent form containing the signature of the current Administrative Clerk, Maria Fields. All other subpoenas will be returned for the proper form/signature.

Maria R. Field, Administrative Clerk

Judge Kathleen G. Cox,

There will be multiple MDEC Registrations Fairs offered in Baltimore County to any attorneys who have not yet registered for electronic filing. The Registration Fairs are as follows: Monday, January 28, 2019, 9:00 a.m.—3:30 p.m. in the Circuit Court Law Library Tuesday, January 29, 2019, 9:00 a.m.—3:30 p.m. at Essex District Court

District Court for Baltimore County

There will be an MDEC Go-Live Presentation offered by Chief Judge John P. Morrissey of the District Court of MD. The training will be held on Wednesday, January 9th at 4:00 p.m. in the Circuit Court for Baltimore County.

Due to space availability, registration is required. Please visit our website at www.bcba.org to register or CLICK HERE.

Wednesday, January 30, 9:00 a.m.—3:30 p.m. at Catonsville District Court.

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

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

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

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Register and view cases MDODYSSEYPORTAL

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

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

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remotely

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Portal):

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

November 2018

BENCH/BAR UPDATE

by Debra A. Thomas Though not unfamiliar with the bench or the bar, this was my first experience with the Bench/Bar Committee. As a new member, I wondered before attending… “What is the Bench Bar Committee and what does this committee do?” When our President, Rebecca Fleming asked me to be the Member-at-Large on this committee, of course I replied YES! I was pleasantly surprised to find members of the bench and members of the bar together in one meeting. I found this meeting provides a unique opportunity to discuss issues which will have a direct impact on our legal community. Information that is shared in this format not only impacts our legal community and how we practice, but also impacts and hopefully, improves the entire Baltimore County community.

of the District Court delivered the District Court Bench Report and informed the committee that MDEC hardware will be delivered promptly to Towson to be followed by the Catonsville and Essex locations. As part of the court’s transition to electronic filing, an effort to close inactive cases is underway. Wi-Fi is available in all three locations.

Construction of the new courthouse in Catonsville is more than 50% complete with completion anticipated in 2019.

ALL THINGS MDEC: Preparation for the implementation of MDEC continues. Data transfer is underway as is training for the clerks. Due to the intensive training in January for court personnel and implementation in February 2019, there will be a reduction of dockets in January and February.

appear. If there is at least one minor child, both parties must appear to resolve issues concerning access and child support, etc. A new alimony law will go into effect on January 1, 2019, whereby alimony will no longer be taxable or tax deductible.

Parties will be able to amend a complaint orally on the grounds.

The Circuit Court Clerk, Julie Ensor, reported that multiple meetings are being held to determine the optimal way to operate MDEC in Baltimore County, included field trips to other jurisdictions.

Rebecca Fleming reported from the Executive The first meeting of the Bench/Bar Committee was Council that another successful Annual Kickoff called to order by the Chairperson, Fred Allentoff. event was held. The Raven’s Tailgate Party After calling the meeting to order, minutes of the June continues on September 23 at 10:00 a.m. in Lot H. 7, 2018 meeting were approved. Next, Judge Kathleen November 8th is the date for this years’ Wines and G. Cox, Circuit Court Administrative Judge, reported Whiskey event at Maryvale Prep. This year all the hiring of new Deputy Court Administrator, proceeds will be donated to the Baltimore County Stephanie Medina. Attorney, Annemarie Walsh will Bar’s designated charitable organization, the replace Wendy Sawyer in September. Judge Susan American Foundation for Suicide Prevention.

Souder retired and the Judicial Nominating Gregory Gaskins from the Office of Law reported Commission met on September 20 and 21 to interview the hiring of a new Assistant County Attorney, and nominate applicants for the Circuit Court and Romaine Williams. Ethan Hunt will handle District District Court opening. Further Judge Cox reported Court matters. Magistrate Wendy Z. Schenker construction between the Old Courthouse and the announced that the new Mutual Consent Divorce Circuit Court has been delayed by rain however, law will take effect October 1, 2018. Parties with completions are expected in October. Habeas Corpus minor children are able to file for divorce on the filings are on the rise but a strategy is being developed grounds of Mutual Consent. If the parties to a to clear this backlog. divorce have no children, only one party needs to

The Honorable Dorothy Wilson, Administrative Judge THE ADVOCATE

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November 2018

BENCH/BAR UPDATE

by Debra A. Thomas Judge Arthur Frank reported that the Orphan’s Court new recording system, Court Smart is now available.

Judge Steven Wyman’s retirement party was announced, though Judge Wilson advised that he has been approved for recall. Don’t say goodbye yet to Judge Wyman!

Baltimore County State’s Attorney, Scott D. Shellenberger, had no report. Public Defender, Donald Zaremba announced the promotion of two new attorney supervisors; Rukaayat Balogun who replaces James Sorenson for the Circuit Court and Jessica Bancroft, who replaces Mary Jo Livingston for District Court. The Chair of the Family Law Committee, Laurie Wasserman, reported that a Meet and Greet will be held this month at the Eagle’s Nest Country Club. As part of an exciting year ahead, the committee hopes to have an evening program with AFSP. Craig Borchers from the Young Lawyers announced the Annual Holiday lunch will be held on December 5, 2018 from 12:00 to 2:00 on the Circuit Court ground floor. Also, monthly Happy Hours are scheduled for the last Thursday of each month at “The Point” on the circle.

Law Clerks are encouraged to participate in Young Lawyer events and Family Law programs. The Family Law Chair noted that there are reduced fees for law clerks and first year attorneys for Family Law programs.

Drawings will be held at Young Lawyer events for free tickets to upcoming BCBA events.

This committee is always looking for sponsorships to provide opportunities to young lawyers or law clerks.

e.g. 586 Marylanders died by suicide last year, and 20 veterans and military personnel die by suicide nationwide every day.

LOOK OUT FOR SIGNS: Those suffering from Mental Health issues will drop hints (researching suicide, I feel trapped, or I do not have a reason to live) BEHAVIOR: Drinking, sleeping too much, eating less, withdrawal, isolation, depression MOOD CHANGES: Agitated, angry, anxious, or frustrated.

WHAT CAN YOU DO? Listen; Don’t fix; Offer to take them to a mental health professional, take them to the ER. Baltimore’s Out of the Darkness Walk and fundraiser will be held on November 3, 2018, and details concerning participation and donation can be found on the BCBA website. Additional information can be found at www.afsp.org.

Following the conclusion of regular business, Kat Olbrich of the AFSP presented as a guest speaker to talk about the difficult subject of depression and suicide. The mission of this organization is to increase awareness of suicide, the tenth leading cause of death nationwide. She provided startling statistics, THE ADVOCATE

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November 2018

CIVIL LAW UPDATE

By Cee Cee Paizs clause in the will, the wife’s was precluded from receiving under will due to her previous caveat of the will. The trial court issued a declaratory judgment that to have the right to receive the remainder; she survived her husband, had executed a valid will and filed a valid will with the Register of Wills in Anne Arundel County. The court based it decision on both the “plain and ordinary meaning” of the will and on Review of the Amicus Curiarum for September 2018 the “undisputed competent evidence of the background to the execution” of the will. The court revealed the following civil cases of interest: rejected Ms. Barclay’s alternative contention that the THE COURT OF SPECIAL APPEALS: no-contest clause barred Mrs. Castruccio’s recover.

Sadie M. Castruccio v. Peter A. Castruccio, et. al, No. The Court of Special Appeals affirmed, 2431 , September Term, 2016, Opinion by Arthur, J. indicating that the will did not contain a latent Dr. Peter Castruccio died in February 19, 2013, ambiguity. It did not preclude the court from survived by his wife. Under his will, he left certain considering the circumstances surrounding the bequests to Ms. Barclay, a long-time employee, his execution of the will. The court noted the Castruccios niece and a handyman who had served the family for planned to divide their assets for estate planning many years. Under Item 8, he left the rest and purposes since 2008. Dr. Castruccio attempted to remainder to his wife, should she survive him and persuade his wife to “engage in a joint will-drafting execute a will prior to his death. Under item 10, the effort”. The wife did not cooperate in that manner and “Residuary Clause”, the will stated that if his wife had Dr. Castruccio did not like the wife’s nephews. The not filed a valid will with the Register of Wills in Court held that section 4-413 of the Estates and Trusts Anne Arundel County, the rest and residue of his Article provides that if a person has probable cause to estate would go to Ms. Barclay. The facts that came contest a will, any provision penalizing an interested out during the trial indicated that the deceased wanted person from contesting a will would be void. In the to ensure that none of his assets would go to the wife’s present case, the wife had probable cause to institute three nephews. The personal representative informed the caveat and therefore sought in good faith to caveat the wife that the will precluded her from receiving the the will. residuary of the estate for failing to file it with the Register of Wills in Anne Arundel County. The wife caveated the will and the summary judgment against PG County Child Support v. Michael Lovick, No. her was upheld on appeal to both the Court of Special 198, September Term 2017. Opinion by Nazarian, J Appeals and the Court of Appeals. Before the final In October 2011, mother gave birth to twin girls in the decisions, the wife commenced a separate action in District of Columbia. Soon after Mr. Lovick signed circuit court seeking a declaratory judgment that she an Acknowledgment of Paternity stating that he was was the residuary beneficiary under the will. Ms. the twins’ father and mother affirmed that Mr. Lovick Barclay requested a declaratory judgment that she was was the only possible biological father of the twins. the residuary beneficiary and by raising the no-contest Both mother and father are Maryland residents. Two THE ADVOCATE

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November 2018

CIVIL LAW UPDATE

By Cee Cee Paizs years later the couple separated and pursuant to a custody case filed in Maryland by the mother, the parties agreed to shared legal custody and the mother would have primary physical custody. The mother commenced a child support action and in February 2014 and Mr. Lovick agreed to pay child support. In May 2016 Mr. Lovick filed a motion to establish paternity in both the custody and child support cases after discovering that there was another man who could be the father and a private genetic test revealed that Mr. Lovick was not the twins’ father. The circuit court denied the motion. Mr. Lovick then filed a new motion in the child support case to set aside the Acknowledgment based on fraud. After a hearing, the circuit court ordered genetic testing, the results of which excluded Mr. Lovick as the father. The court agreed that the mother committed fraud by stating in the Acknowledgment that Mr. Lovick was the only possible father. On March 28, 2017 the court entered an order setting aside the Acknowledgment of Paternity and striking the February 2014 child support order. The Office filed a timely appeal.

The Court of Special Appeals affirmed, noting that under DC law the Acknowledgment could not be set aside, while under Maryland law an affidavit of parentage can be challenged because of fraud, duress or material mistake of fact. It may be modified or set aside at any time “if blood or genetic test done in accordance with §5-1029 of this subtitle [Family Law Article §5-1038(a)(2)(i)(2)] establishes the exclusion of the individual named as the father in the order.”

Further, the Court held that the D.C. Acknowledgment of Parentage had the same weight and effect as a Maryland affidavit of paternity but was subject to Maryland law for terms of modification and rescission.

Opinion by Nazarian, J. Father and Wife began to date when Father was not yet a U.S. citizen and had “F”, a four-month-old son from a prior relationship. Father and Wife married in 2009 and Father and F became U.S. citizens through Wife. F lived practically full time with the parties at that point. In 2013, “L” was born to the parties and subsequently the parties made no distinctions about who was whose biological child. F began to live full time with the parties after his biological mother attempted to kidnap him. Wife cared for F like her own biological child. In 2015, the parties separated Wife continued to visit F as a parent until Father restricted her access to him. F lived full-time with both parties for at least six and a half years by the time he turned 11. In March 2016, the parties entered into a Voluntary Separation and Marital Settlement Agreement which formalized their roles as to L, but did not address F or Wife’s right to visitation with F. In her amended complaint for absolute divorce, Wife sought enforcement of the Agreement, tiebreaking authority in matters pertaining to L and visitation with F. The trial court found that Wife qualified as F’s de facto parent under the factors set forth in Conover v Conover 450 Md. 51(2016), and that it was in F’s best interests to maintain his relationship with wife and that Wife was entitled to visitation with F. Father appealed arguing that Conover was meant primarily to apply to samesex married couples. He also argued that the tiebreaking authority granted to Wife for legal decisions regarding L is an extraordinary measure that was improperly granted in this case. He also raised a miscalculation of child support.

Kpetigo v. Kpetigo, No 2122, September Term, 2107.

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November 2018

CIVIL LAW UPDATE

By Cee Cee Paizs The Court of Special Appeals affirmed except as to child support for L which was remanded for further proceedings. The Court held that the trial court correctly granted de facto parent status to Wife and that it was in F’s best interest to maintain his relationship with Wife. The Court noted that Father encouraged the parent-child relationship between his child and Wife, a third party and that visitation may be granted without proof of the unfitness of the biological parents. Such status is not limited solely to same sex married couples. As to the tie-breaking authority in joint legal custody, the Court held that granting tiebreaking authority in this case was not an extraordinary measure that should be granted, and that absent a showing of abuse of discretion, it can be granted as part of the consideration of a child’s best interest. See Santo v. Santo, 448 Md. 620, 632-33 (2016) and Petrini v. Petrini, 336 Md. 453, 470 (1994).

rights as to all three children and Father’s parental rights were terminated after a determination that Father had failed to secure a home or job after his release from prison and refused to disclose his mental health treatment.

Submitted reports established that Father received mental health diagnoses that would make it dangerous for the children to be in his custody and that the children adapted to their new homes and bonded with their caretakers. Father appealed, contending that the juvenile court erred in admitting into evidence several reports made by the department to the juvenile court prior to and for the court’s use in CINA permanency planning hearing for the children.

The Court of Special Appeals affirmed, holding that the juvenile court did not err in admitting the reports into evidence. While finding that the reports were hearsay, they were admissible under Rule 5-803(b) (8), the public records exception to the rule against hearsay. Father failed to satisfy the burden to show In Re: H.R., E.R., & J.R., No. 1742, September Term that the reports or the information they conveyed 2017, filed August 29, 2018. Opinion by Eyler, were untrustworthy. Further, any opinions contained in the reports were admissible as the experts whose Deborah S., Judge opinions were conveyed were present at the hearing Mother consented to termination of her parental and available for cross-examination.

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November 2018

PRO BONO VOLUNTEER APPRECIATION RECEPTION & AWARDS

By Michelle Siri Across the country, the third week of October is recognized as the National Celebration of Pro Bono.

This is a week dedicated to honoring and thanking attorneys for their generous work and commitment towards providing pro bono legal services. Here in Baltimore County, the BCBA Pro Bono Committee joined in the festivities by hosting its annual Pro Bono Award Reception. The event, generously sponsored by Pessin Katz Law, was held on October 23rd and included the presentation of the 2018 Pro Bono Award to Steven D. Silverman. A solo practitioner from Owings Mills, Mr. Silverman has been a dedicated volunteer with the Maryland Volunteer Lawyers Service (MVLS) since 1992, handling over sixty of their family law matters over the years. While Mr. Silverman was enjoying a well-earned vacation out of the country on the evening of the reception, the Committee expressed gratitude for his service and was happy to have the award accepted on his behalf by MVLS’s Executive Director, Bonnie Sullivan. Dozens of members of the bar, as well as BCBA Executive Committee members and a large number of judges, were on hand to celebrate not only Mr. Silverman but also the work of pro bono attorneys in general.

According to recent studies, 71% of low-income Americans experienced a legal issue in 2017, but only 14% of them could afford access to legal services. This is why the work of pro bono attorneys is becoming increasingly more critical. Whether it is through volunteering at the Fall or Spring Pro Bono Clinics, accepting cases through the Judicare Contested Custody project, or through some other means, there are ample opportunities for attorneys to get involved in pro bono work. The Pro Bono Committee is forever grateful to those attorneys who lent their expertise and time over the past year and welcome new attorneys interested in giving back to the community.

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November 2018

IN CHAMBERS WITH THE HONORABLE RUTH ANN JAKUBOWSKI

by Michael S. Barranco The Honorable Ruth Ann Jakubowski has served as an Associate Judge of the Baltimore County Circuit since May 20, 2002. Judge Jakubowski was born in Watertown, New York in 1953, graduated cum laude from William Smith College in 1975, earned a Master’s degree from the Maxwell School of Public Administration, Syracuse University in 1978, and in the same year received her J.D. from the Syracuse University College of Law. Judge Jakubowski was admitted to the Maryland Bar in 1978 and was in private practice before her appointment to the Circuit Court. From 1998 to 2002 Judge Jakubowski was a partner in the law firm of Dugan, Jakubowski, Babij and Spector, LLC, and from 1981 to 1998 she practiced with the firm of Robinette, Dugan and Jakubowski. She has been a member of the Baltimore County Bar Association since 2000 and has served on several committees. Judge Jakubowski has been married to her husband, Dr. Richard Gruen, since 1983 and has two adult sons.

Judge Jakubowski took over as the head of the Family Law Division of the Circuit Court in March of 2015 after Judge Timothy Martin retired. She very much enjoys taking on the challenges of this position. “It requires a hands-on, problem solving approach working with the many stake holders. There are many moving parts and the law is complex and constantly evolving.” Management of the Division includes holding regular (usually monthly) meetings at which judges, magistrates, and heads of the Office of Family Services, Mediation, and managers from the Clerk’s Office, among others, attend. Judge Jakubowski is responsible for special assignment of cases within the family law division as well as postponement decisions. Judge Jakubowski noted that “family law is a big part of the work of the Circuit Court.” Generally speaking, the judges in the family law rotation hear all cases involving contested adoptions, divorce, alimony, child support, child custody, property division and domestic violence protective orders. Judge Jakubowski noted that over half of family law litigants are self-represented and more than any other area of law, there is a lot of emotion involved with the parties. According to Judge Jakubowski, an important quality of a family law judge is the ability to balance the need to patiently deal with people in a fair and dignified manner, but at the same time manage the courtroom.

Judge Jakubowski’s advice to young lawyers is to always be well prepared, and specifically to bring copies of the cases you believe are on point and that you want the judge to consider. When appropriate, prepare a memo to educate the judge. Also, “don’t blind side a judge. Judges do not like surprises.” She advises, for instance, letting the judge know in advance if there is an issue with the scheduling of a witness. Also, “be civil and professional” to opposing counsel and court personnel and stand when addressing the Court. Finally, if it is a young lawyer’s first trial, or first jury trial, tell the judge. Although the judge must remain impartial and cannot help the young lawyer, the judge will be more understanding.

When asked if she enjoys bench trials or jury trials more, she replied that she “likes both.” She enjoys the role of acting as the fact finder, although difficult decisions are sometimes required. But she also enjoys the process of picking a jury and interacting with jurors. In either situation, “given the diversity of cases we hear, I learn something new every day.”

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November 2018

IN CHAMBERS WITH THE HONORABLE RUTH ANN JAKUBOWSKI

by Michael S. Barranco Judge Jakubowski’s personal interests include traveling and going to museums, although her schedule does not permit her to do this as much as she would like. In her lifetime, she has visited Israel, Paris, Russia, Finland, Denmark, Estonia, Rome, Canada and Mexico, though her favorite trip has been to London, England.

She jokingly admits that at times she also enjoys “retail therapy” (shopping).

Editor's Note: Each judge profiled is asked a set of questions. Judge Jakubowski’s answers are as follows: Favorite Restaurants:

Linwoods Restaurant

Pet Peeve:

When lawyers are not civil to each other

Favorite Sports Team:

Orioles and Ravens

Favorite Ice Cream Flavor:

Salted Caramel

Favorite type of music or Artist:

Classical music

Station on your car radio right now:

Classical music stations on public radio or satellite

Guilty pleasure:

Chocolate

Favorite Charity:

Special Olympics

Favorite Book:

Harry Potter (the entire series)

Travel destination still on bucket list:

New Zealand

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

Tie between former Israel Prime Minister Golda Meir and Winston Churchill

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

Teacher

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

Judge Dana Mark Levitz

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November 2018

NOMINATIONS SOUGHT FOR J. EARLE PLUMHOFF PROFESSIONALISM AWARD The Professionalism Committee is requesting nominations from Bar Association Members for the annual recipient of the J. Earle Plumhoff Professionalism Award, which will be presented at the Annual Black Tie Banquet on January 31, 2019.

Recipient of this award must be: A Baltimore County Bar Association member at least 5 years; Have made professional contributions to Baltimore County Bar Association activities; Have made contributions of time and re sources that have gone largely unnoticed; and High marks for dignity, integrity and civility.

Nominations forms can be found here and should be sent to the Bar Office. Deadline for submission is November 16, 2018. Contact Rachel Ruocco at rruocco@bcba.org or Professionalism Committee Chair, Debra Cruz at dcruz@levingann.com for more information.

Past Recipients 1984

Myles F. Friedman – FIRST RECIPIENT

2003

Richard A. Reid

2005

Leon Berg (presented at Family Law dinner)

2006

Keith R. Truffer

2007

Carolyn H. Thaler

2008

Jennifer B. Aist

2009

Christopher W. Nicholson

2010

Kristine K. Howanski

2011

Harris J. “Bud” George

2012

Mary Roby Sanders

2013

Robert L. Hanley Jr.

2014

Judge Robert J. Steinberg

2015

Herbert R. O’Conor III

2016

Drake C. Zaharris

2017

Carl R. Gold

2018

Dominick A. Garcia

Mark Your Calendars!

The Baltimore County Bar Association’s 97th Annual Black Tie Banquet (‘The Prom’) will be held on Thursday, January 31st, 2019 at 6:00 p.m. at Martin’s Valley Mansion on Cranbrook Road in Cockeysville.

Please note that this is

A NEW LOCATION!

THE ADVOCATE

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November 2018

THE PROFESSIONAL LAWYER—PRO BONO SERVICE

by Raymond A. Hein Most Maryland attorneys undoubtedly know of the requirement, currently found in Maryland Rule 19503, to report their pro bono legal service on an annual basis as a condition precedent to the practice of law in Maryland. Some of you reading this may not be aware, however, that the Rules of Professional Conduct contain a section titled “Public Service,” which includes an aspirational goal for pro bono service, suggested ways of discharging this nonmandatory responsibility, and comments explaining why attorneys should devote time to providing public interest legal services without fee, or at a substantially reduced fee.

The general principles underlying an attorney’s responsibility to render pro bono service are set forth in the Preamble to the Maryland Attorneys’ Rules of Professional Conduct.

At paragraph 6 of the Preamble (Maryland Rule 19-300.1), attorneys are encouraged, if not directed, to “seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal system.” In the pursuit of such objectives, attorneys “should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance.” Therefore, in betterment of the societal need for improved understanding of and access to the legal system, “all attorneys should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal advice or representation.”

Rule 19-306.1(b) states the aspirational goal, for attorneys engaged in the full-time practice of law, of rendering “at least 50 hours per year of pro bono public legal services.” Unlike most other Rules of Professional Conduct, which contain various obligations and prohibitions that, if violated, may THE ADVOCATE

serve as the basis for discipline, Rule 19-306.1(c) expressly states, “[n]oncompliance with this Rule shall not be grounds for disciplinary action or other sanctions.” (But be aware that failure to comply with the pro bono service reporting requirement in Rule 19-503 can result in decertification of one’s law license by the Court of Appeals.)

Pro bono service can be rendered in a variety of ways, including the direct provision of legal services. Services also may be rendered to individual clients by volunteering through one or more of the wide variety of pro bono legal service organizations that coordinate such services. A list identifying many such organizations can be found on the Baltimore County Bar Association website, bcba.org, by clicking on the “Non-Lawyers” tab.

Apart from providing direct assistance to individuals in their personal legal matters, Rule 19-306.1(b)(1) also recognizes the options of rendering pro bono legal services to “charitable, religious, civic, community, governmental, or educational organizations” in matters primarily serving the needs of people of limited means or in furtherance of their organizational purposes, and to “individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights.” Another way of discharging the professional responsibility of pro bono service is through participation in “activities for improving the law, the legal system, or the legal profession.” Rule 19-306.1(b)(2).

Regardless of your areas of practice and personal preferences for volunteering your time, opportunities abound to offer your professional talents in meaningful ways for the benefit of the disadvantaged.

Many of you already devote substantially more than the aspirational goal of 50 hours per year to pro bono legal service.

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CRIMINAL LAW UPDATE

By Matt Wyman requirements of 5-803(b)(6) in that it was made by the bank, the bank was aware of the activity, it was kept in the regular course of business, and it is their regular practice to keep such statements.

Carl Franklin Burnside v. State of Maryland, No. 71, September Term 2017, filed Lots of appellate activity the past couple of months.

Many of the important, and some of the unimportant criminal decisions are summarized below from the Amicus Curiarum.

Allan Jackson v. State of Maryland, No. 78, September Term 2017, filed July 12, 2018. Opinion by Greene, J. Jackson was convicted at trial of several counts related to a home invasion where he stole the victim’s credit cards, and made several ATM transactions. He appealed his conviction alleging that the videos of the alleged ATM transactions did not display the accurate time according to the evidence. He also objected to the admission of the victim’s bank statements as they were not properly authenticated as a business record by the victim.

The Court of Appeals held that the video and the bank records were both properly authenticated. The video was admitted through an employee of the bank. He testified as to how it was obtained, and that he sent it to the police. He was unable to edit the footage in any way. The Defense noted that the video showed activity from 11:15-11:35 and the withdrawal happened at 11:45.

The Court determined that any discrepancy there was for the jury to consider in their deliberations, but did not make it inadmissible.

The bank statement was properly authenticated and admitted under the theory of a business record exception. Jackson argued that the account owner could not identify it, but the court ruled it met the THE ADVOCATE

July 11, 2018. Opinion by Greene, J. Burnside was convicted at trial of multiple felony drug offenses arising from a traffic stop. Burnside had prior convictions for felony drug offenses that the state sought to use to impeach his credibility.

His attorney requested that the trial judge conduct a hearing pursuant to Rule 5-609 to determine whether or not the convictions could be used to impeach his credibility at trial if he chose to testify. The Judge denied the request to make a ruling in advance of trial, and would only do so during the trial. Based on that ruling, Burnside decided not to testify, he was convicted, and appealed based on that ruling.

The Court of Appeals reversed the decision and remanded the case for trial. The Court had enough information to make a reasonably informed decision prior to trial. The Judge knew what charges the Defendant was on trial for, and the relation to the current case. The Court could have inferred what the Defendant’s likely testimony was going to be. By refusing to make a ruling prior to the time of testimony, the court effectively denied Burnside the right to testify. The Court of Appeals also held that the trial Judge should make all reasonable efforts to accommodate the Defendant’s request for a ruling as soon as practical, even if that is during the trial. The Court failed to do that here.

State of Maryland v. Casey O. Johnson, No. 22, September Term 2017, filed April 20, 2018. Opinion by Barbera, C.J.

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CRIMINAL LAW UPDATE

By Matt Wyman

Johnson was driving a vehicle that was stopped for an inoperable tail light. The police noticed furtive movement on the part of the front passenger, and Johnson. Based on this, an odor of controlled dangerous substance, and evasive answers, police requested a K9 Scan of the vehicle which alerted to controlled dangerous substance. The front passenger was found to have marijuana and was arrested. Police then searched the trunk and found about a quarter pound of marijuana and a scale, and charged the Defendant with Possession with Intent to Distribute.

She appealed, citing lack of probable cause to search the trunk.

The Court of Appeals confirmed the conviction.

Under the totality of the circumstances, the court had established probable cause to search the car under the Carroll doctrine. There was reason to believe there were more drugs in the vehicle. That authorized them to search every part of the vehicle in which those drugs could be concealed, and that included the Defendant’s trunk.

Clement Reynolds v. State of Maryland, No. 84, September Term 2017, filed August 27, 2018. Opinion by Hotten, J Reynolds was charged with the murder of Wesley King in Montgomery County. He was arrested and questioned by detectives. At some point during the interview, Reynolds indicated there was “nothing I have to say”. The Court determined this was an invocation of his rights under Miranda, but the Detectives continued to question him, making those statements inadmissible. During that questioning however; Reynolds said he was living out of the country at the time, and gave two potential alibis. At trial he testified that he was not present at the time of THE ADVOCATE

the murder, but was at a friend’s house, and gave two other alibis. The State sought to cross examine Reynolds about his earlier alibi, while his attorney attempted to exclude the statement as it was taken in violation of his rights.

Reynolds argued that the State using the impermissible statements against him was tantamount to using his silence against him, which was clearly prohibited. The State argued that the information was being introduced for impeachment purposes only, and was admissible. The statements were deemed to be a “valuable aid to the jury in assessing the defendant’s credibility….” Oregon v. Hass, 420 U.S. 714, 722, 95 S.Ct. 1215, 1221 (1975). In this case, it was, and the Court ruled that it was proper to be used for impeachment purposes.

Julius Devincentz, Jr. v. State of Maryland, No. 74, September Term 2017, filed August 13, 2018. Opinion by Adkins, J. The Defendant was charged with several offenses relating to sexual abuse of a minor for allegedly abusing his ex-girlfriend’s daughter during the course of their relationship. The Defendant had lived with the victim, and her mother, and his own son for a period of years prior to the relationship ending. At trial, the victim testified that the Defendant had abused her during the course of that relationship.

The Defense had Defendant’s son testify at trial.

Counsel attempted to elicit testimony of an argument that occurred at the family home in which the victim indicated that she would do things to get the Defendant in trouble if she did not get her way.

The court sustained the state’s objection to this testimony from the son, along with testimony that

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CRIMINAL LAW UPDATE

By Matt Wyman he knew the victim to be untruthful. Defendant was convicted, and appealed to determine whether or not the son should have been permitted to provide the testimony in question.

sentence were deemed illegal and modified, only then would the matter be ripe for an appeal from a final judgment.

The Court of Appeals held that Defendant’s son was a proper character witness against the victim, and his testimony should have been permitted.

Specifically, the court determined that he had determined her current ability to tell the truth based on his past interactions with her. He lived with her for several years, and was in a position to accurately make that determination. Moreover, the victims credibly was essential to the case. The statements were not hearsay as they were not offered to the truth of the matter asserted, but only to go towards the victim’s credibility and her motive to lie. The error was not harmless in nature, and the decision was reversed and remanded for trial.

Daniel Carter v. State of Maryland, No. 54, September Term 2017; James E.

State of Maryland v. Phillip James Clements, No. 57, September Term, 2017, filed August 29, 2018. Opinion by Barbera, C.J. When he was 17, Clements was tried as an adult and convicted of three counts of first degree murder and two counts of attempted murder. He was sentenced to 5 consecutive life terms without parole. Clements filed a motion to correct an illegal sentence in 2016 based in part on the Court of Appeals ruling that life sentences for juveniles were largely unconstitutional. The Circuit Court for Prince George’s County granted him a hearing on the motion, and the State appealed.

The Court ruled that the State cannot appeal the mere granting of a motion to correct an illegal sentence. That ruling is not a final ruling of the court. Rather the state must wait until a final judgment is made. In this case it would be if the THE ADVOCATE

Bowie v. State of Maryland, No. 55, September Term, 2017; and Matthew Timothy McCullough v. State of Maryland, No. 56, September Term 2017, filed August 29, 2018. Opinion by McDonald, J. In a matter related to the previous case, the Court of Appeals also took up three cases on the issue of whether a life sentence without parole for a juvenile was in fact an illegal sentence. The three were consolidated for a hearing. The Court ultimately determined only one of the three sentences were illegal.

In regards to Carter, and Bowie the Defendants were sentenced to life with the possibility of parole. Each appealed based on similar arguments that the Governor’s stance on parole for violent offenders, and the likelihood of achieving parole were so slim that these sentences were tantamount to life without parole. The Court rejected both of these arguments noting that the discrepancy between the parole commission and the governor’s position were not sufficient to say the sentences were life without parole. Governors are replaced every 4-8 years, and despite statements and statistics to the contrary, the Governor takes the same oath as the parole board to decide each case individually on its merits.

McCullough on the other hand was granted a new sentencing.

He was sentenced to consecutive sentences that added up to 100 years. Even with parole, he would not be eligible until after 50 years, when he’d have been 68 years old. The Court

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CRIMINAL LAW UPDATE

By Matt Wyman determined that this was tantamount to a sentence of life without parole, and did grant him relief. The court can determine, on a case-by-case basis whether such “stacked sentences� are the same as life without parole. He was ordered to be resentenced with a parole eligibility hearing well before 50 years.

relying on a 911 call, the state should be held to the burden of producing that call for the trial court to hear. Having failed to do that, there is no basis on which to rely on the information received in the call.

Maurice Mack v. State of Maryland, No. 1627, September Term 2017, filed June 5,

8, 2018. Opinion by Alpert, J.

2018. Opinion by Wilner, J. Police received an anonymous tip of drug activity by two African American men in a silver Honda at a certain location. Police responded and observed what they believed to be the vehicle. They blocked the car in, and conducted an investigation which revealed narcotics and weapons. Defendant was convicted and appealed based on the denial of his motion to suppress for an illegal search and seizure.

The Court of Special Appeals reversed the trial court.

In this case, blocking the vehicle in created a Terry stop in which the passengers were not free to leave.

There was no specific knowledge on the part of the police of criminal activity other than an anonymous 911 call. The Court held that when the state is

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Anthony Greene v. State of Maryland, No. 820, September Term 2017, filed June

Defendant was charged with Possession with Intent to Distribute Clonazapam and Alprazolam.

Each requires a prescription. He was found not guilty, but was convicted of the lesser included offenses of Possession of each drug. He appealed, arguing that because each was a prescription drug that could be legally possessed, he could not be automatically convicted of the lesser offense.

The Court of Special Appeals confirmed the conviction. The Court noted that while a prescription is a defense to the possession of those substances, the lesser included offense shifts the burden on the Defendant to show that he had a valid prescription.

He failed to produce any evidence of that nature, so the court could reasonably conclude he committed the crimes for which he was convicted.

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November 2018

HIGH CONFLICT CUSTODY CASE?

By Laura Burrows Consider these 9 new Parent Coordinators in Baltimore County to help.

A new resource is available for family law practitioners in Baltimore County handling highly contested custody and divorce matters. Although they have been permitted by the Maryland Rules for many years, Parent Coordinators (“PC’s”) often suffer from a general misunderstanding of what they are, who they are, their purpose, the procedure to obtain and use them, and their overall value. This article intends to answer those questions.

What are they? PC’s are non-confidential impartial individuals trained to assist parties with resolving parenting conflicts outside of Court. Assigned by court order, PC’s assist with specified tasks for a specified period of time. All PC’s are required to complete a minimum of 40 hours of training in addition to a minimum of 60 hours mediation training skills and have a minimum of three years family law experience, among other requirements.

See Md. Rule 9-205.2(c).

Who are they? In addition to the current PC’s in Baltimore County, the following nine (9) Baltimore County attorneys recently completed a 40-hour Parent Coordination training on September 7-8 and 14-15, 2018, taught by Magistrate Joanie Raymond, Esquire, Dr. Gina Santoro, Ph.D., NCSP, and Cecilia Paizs, Esquire: Cynthia A. Batchelder, Esquire Julius Blattner, Esquire Laura E. Burrows, Esquire Robert Erdman, Jr., Esquire Ilene B. Glickman, Esquire Craig J. Little, Esquire Christine Malanga, Esquire Angela J. Silverstein, Esquire, and Laurie Wasserman, Esquire THE ADVOCATE

What is the Purpose?

Many confuse parent coordination with family counseling or mediation.

However, the purpose of parent coordination varies markedly.

Parent coordination is focused on resolving relatively minor issues or impasses that would not warrant court intervention.

Unlike counseling, which has the purpose of resolving underlying issues, or mediation, which seeks to reach a consensus, parent coordination focuses on a swift resolution to enable the parties to move forward.

PC’s have the authority to make these decisions, whereas mediation or counseling do not. See Md. Rule 9-205.2(e).

What is the Process? The procedure for appointment or use at trial of PC’s varies from mediation or counseling. A PC may be assigned during the pendency of the action on motion of a party, on joint request of the parties, or on the court's own initiative and after notice and hearing. Md. Rule9-205.2(f)(1).

This means that Magistrates may order parent coordination for parties in contested divorce cases at the scheduling conference.

Upon entry of a judgment granting or modifying custody or visitation, the court, with the consent of the parties and after a hearing, may appoint a parenting coordinator. See Md. Rule 9-205.2(f)(2).

Also, unlike the confidential process involved in mediation and counseling, PC’s have no duty of confidence to either party and can be called to testify at a hearing as an impartial witness to the parties’ conflicts and decision-making ability. See Md. Rule 9-205.2(g).

What are the benefits? The benefits of seeking a PC in your highly contested custody case include: 1) a PC is generally less expensive than a custody evaluation; 2) a PC is an impartial referee to make decisions when the parties cannot get along; 3) a PC can be called to testify at trial as a fact witness; and 4) a PC can avoid unnecessary emergency hearings.

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November 2018

FAMILY LAW DINNER—DIVORCE TAX ISSUES

By Laurie M. Wasserman Does the Tax Cuts and Jobs Act (“TCJA”) have your head spinning?

do not qualify. Therefore, prenups and postnups will not be grandfathered in under the old tax laws.

The TCJA has caused a frenzy in the family law community. With the passing of the TCJA, family law attorneys now must reconsider many of our old approaches to negotiating settlements for clients.

Thankfully, Tom Ries, Esquire and Kris Hallengren CPV/ABV, CFF, ASA, MSF of Weyrich, Cronin & Sorra were able to help guide us through the new tax laws.

Another change affecting family law clients is that the attorney’s fees incurred for securing an award of alimony or collecting alimony are no longer deductible for tax years 2018-2025. This is because the miscellaneous itemized deductions under IRC §67 have been eliminated.

On October 17, 2018, the Family Law Committee gathered at the Country Club of Maryland for a presentation on how the TCJA is impacting our practices. Sponsored by Weyrich, Cronin & Sorra, attendees were treated to a “fireside chat” on everything we need to know to understand the TCJA. One of the major changes resulting from the TCJA is the permanent (yes, permanent—this does not expire in 2025 like many other provisions) repeal of the alimony tax deduction. The repeal affects alimony that is paid under a divorce or separation instrument that is signed on or after January 1, 2019. If you have an “instrument” (i.e. separation agreement or court order) signed on or before December 31, 2018, alimony will continue to be deductible to the payor if all of the other requirements of IRC §71 are also met. Many tax experts and practitioners agree that if the written instrument is signed before December 31, 2018, but you do not get divorced until 2019, and the agreement is “incorporated but not merged” into the divorce decree, you can take the position that the written instrument is governed under the old law. The presenters also provided handouts with suggested drafting language for agreements intending to be signed before December 31, 2018.

There is also a big change to 529 education plans under the new tax law. You can now deduct up to $10,000 per year for tuition at an elementary, secondary public or private or religious school per year. If a client has a 529 plan and only wants it to be used for college expenses, agreements need to clearly state just that.

Personal exemptions for dependents have also been impacted. For tax years 2018-2025, there is no longer a personal exemption for you, your spouse, each qualifying child or qualifying relative. On the surface, there may no longer be a need to allocate the dependency exemption for minor children in the Marital Settlement Agreement unless the child will still be a minor in 2026 and thereafter.

We also learned about many of the other changes impacting business owners and mortgage interests.

Everyone who attended received a handout summarizing the law changes. The most important thing to remember is that if you do not understand the TCJA, ask an accountant.

Thank you again to Toni Boettcher, Esquire for chairing a wonderful program and to our speakers, Tom and Kris (and Jeff Jacobson of WC&S, who was Kris’ tax attorney expert) for their time and knowledge.

There was much discussion as to whether prenups and postnups are considered “divorce or separation instruments” and the presenters concluded that those THE ADVOCATE

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November 2018

PORTRAIT UNVEILING CEREMONY FOR JUDGE J. NORRIS BYRNES

by Ari J. Kodeck On October 22, 2018, the Baltimore County Bar Association, for the first time in its one hundred year history, unveiled a portrait of a Circuit Court judge as a living tribute rather than as a memorial to their passing.

Judge J. Norris Byrnes, showing his usual charm, graciously received the distinct honor and ‘presided’ over the ceremony. Attended by many friends, family, fellow jurists and members of the bar, Judge Vicki Ballou-Watts gave the opening remarks for the ceremony. Judge Ballou-Watts noted that even in retirement, Judge Byrnes still worked harder than most, settling difficult cases and occasionally stopping into chambers to enjoy snacks between cases.

Assistant Attorney General D’arcy Byrnes Talley, Judge Byrnes’ niece spoke on behalf of the family. She remarked that Judge Byrnes always put the team first and insisted the team receive credit and when at the helm, one must take responsibility for all course deviations. She closed with a quote that best described the judge: “you are strong truths well lived” Judge Judith C. Ensor gave the remarks from the bench between some tears. Judge Byrnes was a man ahead of his time. He made a point of championing the advancement of women in the law and remarked that who she is today is owed in large part to Judge Byrnes’ influence.

Saving the best for last, Judge Byrnes spoke and expressed his humble gratitude to the Bar Foundation and members of the Bar Association. Witty and charming, the Judge kept to his promise to be brief. He recounted his first experiences in the Circuit Court and the camaraderie and collegiality between members of the bar and the bench. Without further comment, Judge Byrnes and members of his family unveiled his portrait, which bore an almost picture-like quality to his honor.

The ceremony convened and Judge Byrnes extended an invitation to join him and his family at Cafe Troia.

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November 2018

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November 2018

COOPERATING ATTORNEY PANEL Established, respected Legal Services Fund providing legal benefits to thousands of members seeks Washington D.C. and surrounding vicinity counsel (Virginia and Maryland) practicing in the areas of immigration, civil, criminal, family, divorce, bankruptcy and real estate law (combination or individual areas).

Bilingual attorneys a plus. Potential for practice growth.

Please contact Joy Khan at: lfadmin@32bjfunds.com and request an information packet.

THE ADVOCATE

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November 2018

THE NUMBER ONE MYTH OF AVOIDING PROBATE – IT’S ONLY FOR THE WEALTHY

By Susan Francis, Esq., deputy director, Maryland Volunteer Lawyers Service (MVLS) It is a common misconception that you only need estate planning if you’re rich and wealthy with assets. This misconception can be detrimental to low -income Marylanders, especially those who are living paycheck to paycheck. Estate planning encompasses three important planning documents that impact everyone (advance health care directive, financial power of attorney and a will), and going through the estate planning process can ensure that low-income homeowners can access critical programs to keep them in their homes.

For individuals with less assets, one critical piece that is often missing from all estate planning discussions is how to avoid probate. While wealthier clients are advised on a variety of techniques to avoid estate costs, those with the least assets are often overlooked. In Maryland, estate administration fees can stack up, making already vulnerable Marylanders more strapped for financial help and often times homeless. There are multiple quick and inexpensive ways these individuals can prepare for the end-of-life in a less stressful way. For instance, with a trip to the Maryland Motor Vehicle Administration (MMVA) – either in person or virtually on its website – and $20, car owners can change their title to “transfer upon death” to a loved one to avoid probate for this asset.

Vulnerable Marylanders need assistance from skilled attorneys who are willing to help them plan for the future, ensuring their home is in their name, and navigating the estate administration process for them pro bono. My organization – Maryland Volunteer Lawyers Service (MVLS) – is seeing an uptick in clients who need help. In FY18, MVLS closed 362 estate planning cases compared to 57 in THE ADVOCATE

FY17, and we expect the number of cases to increase significantly in FY19. Keeping these limited assets, including homes, automobiles, financial accounts, insurance and benefits within their families dramatically impacts the state’s housing and community stability.

As a result, MVLS has turned to its volunteer attorney panel to help clients address these estate matters, and also to draft life estate deeds so that these families have a mechanism to protect their homes for future generations.

Through MVLS’ involvement with the Maryland Faith Health Network (MFHN) and the launch of our Advance Planning project, we are seeking more attorneys to volunteer their time to help low-income families legally prepare for the end-of-life. We are always welcoming new attorneys to join our volunteer panel as we have clients in need of assistance, as well as planned estate clinics in 2019.

Many clinics and legal services require only a few hours to help change the life of someone in your community.

If you’d like to learn more about our estate clinics or to take an estate case, please contact me at 443-4514084 or sfrancis@mvlslaw.org, or visit https:// mvlslaw.org/adv-planning/. You can also view all of our available estate planning, estate administration and deed cases on our recently launched Pro Bono Portal (https://mvlslaw.org/probonoportal/).

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November 2018

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

November 2, 2018 – Baltimore – Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019. Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings: Litigation and Bankruptcy. At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA. The specific areas of law and the cities in which WTP was ranked are summarized below (*new recognition in 2019).

Baltimore, MD Tier 1 Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Commercial Litigation, Corporate Law, Education Law, Employee Benefits (ERISA) Law, Health Care Law, Information Technology Law, Insurance Law, Land Use & Zoning Law, Litigation – Bankruptcy, Litigation – Intellectual Property, Litigation – Land Use & Zoning, Litigation – Patent, Patent Law, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants, Real Estate Law, Tax Law, Technology Law, Trademark Law, Trusts & Estates Law, Venture Capital Law. Tier 2 Construction Law, Copyright Law, Employment Law – Management, Leveraged Buyouts and Private Equity Law, Litigation – Construction, Litigation – Real Estate, Mass Tort Litigation/ Class Actions – Defendants, Mergers & Acquisitions Law, Public Finance Law Tier 3 Litigation – Environmental, Non-Profit/Charities Law

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November 2018

Lawyer in the Lobby Clinic November 14th 4:30—6:30 County Courts Building, 1st Floor, 401 Bosley Ave, Towson Lawyer in the Lobby is held the 2nd Wednesday of every month.

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

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

Thank you to our volunteers for November: Richard Lebovitz Gregg Mosson Laure Ruth Eric Steiner

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

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

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

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November 2018

Committee News ADR COMMITTEE Stay tuned for programming news.

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

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

November 14, 5:30pm, Evidence Update with Judge Murphy, Harford County Circuit Court February 7, 5pm, 4th Amendment, Grand Jury Room March 21, 5pm, Effective Cross Examination, Grand Jury Room CLE COMMITTEE February 5, 5pm, How to Build a Million Dollar Practice, Grand Jury Room March 3, 5 pm, Joint Program with ADR Committee April 23, 5pm, Accounting & Bookkeeping for Lawyers ENTERTAINMENT COMMITTEE November 8, 6 pm, Wines & Whiskey Fundraiser, Maryvale December 6, 6 pm, Holiday Party, Towson Tavern ESTATES & TRUSTS COMMITTEE November 13, 5-6pm, Tax Updates, Grand Jury Room December 18, Holiday Lunch January 22, 5pm, Ethical Conduct, Grand Jury Room February 12, 5pm, Fiduciary Responsibilities, Grand Jury Room May 21, 5pm, Annual Dinner THE ADVOCATE

FAMILY LAW COMMITTEE November 14, 6 pm, Custody & Psychological Reports, Vito’s Ristaurante November 27, 5 pm, Evening Series, Domestic Violence Awareness, Grand Jury Room December 4, 12 pm, Brown Bag Lunch, Tracing of Non-Marital Assets, Grand Jury Room January 8, 12 pm, Brown Bag Lunch-ACES Test, Grand Jury Room February 12, 12pm, Brown Bag Lunch on Parent Coordinators, Grand Jury Room February 19, 6 pm, Collecting on Judgements, Woodholme Country Club March 21, 6pm, Sexual Abuse Allegations, Liberatore's Restaurant April 17, 6pm, Multi Jurisdictional Dinner May 16, 5 pm, Legislative Update & Happy Hour, Grand Jury Room LAW DAY COMMITTEE May 1, 7:30 am, Breakfast May 1, Noon Ceremony, Ceremonial Courtroom #5 This year’s theme is Free Speech, Free Press, Free Society LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. Contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100 for more information.

The 2018-2019 LRIS Panel Registration and Renewal

Packet is now available. Join now! Current panel members, remember to renew!.

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Committee News MEMBERSHIP COMMITTEE Online Membership Application can be found here MEMORIAL COMMITTEE Please notify Rachel Ruocco at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you.

Those members who will be honored at next year’s service on November 15, 2018, at 3:30 p.m., include: W. Lee Thomas Henry J. Myerberg Philip I. Klein Ellen P. Rosenberg Judge Dana M. Levitz Lawrence Melfa JR Francomano, III Donna C. Baust Kevin Kamenetz Edward Pinder

PROFESSIONALISM COMMITTEE Nominations are being sought for the J. Earle Plumhoff Professionalism Award. Nominations can be found at www.bcba.org and can be sent to Debra Cruz at dcruz@levingann.com and Rachel Ruocco at rruocco@bcba.org.

PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY November 16, Civics & Law Academy, CCBC Dundalk REAL PROPERTY COMMITTEE Stay tuned for programming news.

SOLO & SMALL FIRM COMMITTEE Stay tuned for programming news.

STATE & LOCAL LAWS (SLLZ) COMMITTEE February, Meet the County Council April, SLLZ Annual Dinner

If you know of any other BCBA Member who passed away (since August 15, 2017), please advise Rachel Ruocco immediately, so they can be included in the service. Thank you. The reception for family and friends to honor and remember loved ones will be held immediately following the service.

TECHONOLGY COMMITTEE Stay tuned for programming news.

YOUNG LAWYERS COMMITTEE Holiday Lunch & Toy Drive, December 5, 12-2 pm, County Courts Building Bull & Oyster Roast, March 31, 2-6 pm, Towson American Legion

Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, Last Thursday Happy Hour 401 Bosley Avenue, Towson, MD 21204. Donors will 5pm, The Point, 523 York Rd, Towson. Come join young lawyers, judicial law clerks, and a special be acknowledged on the printed program. monthly guest to relax and network.

NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE November 28, 5pm, How to Get Social Media Into November 29 February 28 Evidence, Grand Jury Room March 28 April 25 PRO BONO COMMITTEE November 5, Committee Meeting, Women’s Law May 30 June 27 Center April 27, 9am-1pm, Pro Bono Day, Woodlawn Library

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BALTIMORE COUNTY CIRCUIT COURT LAW LIBRARY NEWS New Titles The law library staff incorporated the following titles to the collection: PRISONERS’ RIGHTS: a legal research guide / Fichtelman, Carol – William S. Hein & Co., Inc., 2017.

LLP KF 9371 .F53 REAL ESTATE FINANCE IN A NUTSHELL, 7TH / Lindsey, Vada Waters – West Academic Publishing, 2018. KF 695 .Z9 .B78 SPECIAL EDUCATION LAW FROM A TO Z / Almazan, Selene; Gruber, Brian; Joseph, Nicole – NBI, 2017. KFM 1595.9 .A46 SPECIAL EDUCATION LAW IN A NUTSHELL / Colker, Ruth – West Academic Publishing, 2018. KF 4209.3 .C65 1397 .P63 Hein Online The INTERNATIONAL HUMAN RIGHTS LAW JOURNAL has been added to our Hein Online subscription. This journal publishes articles relating to international human rights law, international criminal law, international humanitarian law, international development and post conflict justice.

The Rules Historical While many of the Law Library’s patrons know we hold the Acts of Maryland back to the 1700s(!), our historical collection also includes the Rules of the Court. As separate volumes we hold select material from 1947 to 1979. We also have volumes every year from 1981 to present.

A MESSAGE FROM THE LRIS DIRECTOR Thank you to the attorneys who have already renewed or joined for the 2018-19 Lawyer Referral Year. If you are interested in becoming a panel member or still need to renew, please click HERE for the 2018-2019 LRIS Registration Packet. You can join at anytime.

We are in need of attorneys in the following areas: Civil Rights

Litigation/Product Liabilities Taxation Veterans Administration New this year is a Reduced Fee Program for Veterans. If you would like to prepare simple estate documents and/or expungements at a reduced rate for Veterans, let me know.

Education

To all Family Law attorneys: we are now offering Limited Scope Services for Family Law Matters.

Please contact me if you are interested.

Foreclosure

I can be reached at rwyatt@bcba.org or

Immigration

410-337-9100.

Consumer Law

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Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza.

December-February, meet at 401 Washington Avenue, Lobby.

We recommend that runners bring reflective gear, headlamps, etc.

Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.

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Property for sale in the heart of Timonium/Lutherville, MD Move in ready and perfect for small practice of attorneys. 3,000 sq. feet with additional storage, 4 private offices, conference room, reception area and many more advantages. If you’re paying rent now, why not consider investing instead? Also ideal for shared offices. Listed @ $459,900.

Call realtor, Bob Mikelskas @ 410-375-2990 or email him @ bmikelskas@gmail.com for an appointment or questions.

Rosario Realty, 12202 Happy Hollow Road Cockeysville, MD 21030

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

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

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

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

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

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Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals

410-484-2088

Michael A. Mastracci, Esquire Realtor Www.mikehasyourhome.com mike@mikehasyourhome.com

M: (443) 257-5339 O: (410) 723-3600

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PROPERTY FOR SALE 600 Eastern Boulevard Baltimore, MD 21221 Property is zoned CR (Commercial/ Residential) and is currently set up as an attorney’s office with 3 offices, kitchenette, waiting area & ample storage upstairs & in lower level. Rear parking for up to 10 cars makes this property excellent for a professional user. $175,000 Call Sean O’Conor at 410-218-7996

DID YOU KNOW? NATIONAL ADOPTION DAY IS A GRASSROOTS U.S. EFFORT, FOUNDED BY THE DAVE THOMAS FOUNDATION FOR ADOPTION, THE ALLIANCE FOR CHILDREN'S RIGHTS, CHILDREN'S ACTION NETWORK AND THE FREDDIE MAC FOUNDATION.

Baltimore County will celebrate National Adoption Day with an Adoption Ceremony in Ceremonial Courtroom #5 on Saturday, November 17th at 11:00 am.

Please consider volunteering your time.

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Baltimore County Bar Association

Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD

100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org

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

TOWSON. Towson office space available to share. Large, windowed office and secretarial space, shared reception area and conference room, copier, internet, etc. available. Free parking and easy access to I-695. Contact Rich Desser at 410-821-5435x104 or dresser@desserlaw.com.

TOWSON. Office for Rent: $850/mo for one office with reception area in attractive, well-maintained building. $1,000/mo to add an additional office not attached to main suite. Includes electricity, but not phone or internet. One block from circuit courthouse, one block from Towson circle. More info at nicole@whitaker-legal.com or 410-2079272.

TOWSON. Office for rent in the heart of Towson. One block from the Circuit Court. Rent includes one parking space. Available in September 2018. Rent is negotiable. Call 410-494-1494 to schedule a tour. Ask for Dilip.

TOWSON. Up to three furnished offices for rent one block from the Circuit Court for Baltimore County. Share use of conference room, reception area, kitchen and copy machine. Includes parking and all utilities. Call Cynthia at 410-3825910 for more information.

LUTHERVILLE/TIMONIUM. Seeking reputable subtenant to share office suite in nice building in Lutherville/Timonium. Fully furnished partner’s office (2 available), includes internet, receptionist, use of conference room and free parking in a pleasant low key environment. If interested, please contact Randy Wase, 410-828-8500 or Randy@Waselaw.com.

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