THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 2
September/October 2020
PRESIDENT’S MESSAGE By Jay D. Miller NOTORIOUS RBG-MAY HER MEMORY BE A BLESSING Our profession lost a legal giant. I feel it is my absolute obligation to all BCBA women to dedicate this President’s message to Justice Ruth Bader Ginsburg, who began shattering ceilings and crashing barriers well before her Supreme Court nomination. She was the director of the ACLU’s Women’s Rights Project, for which she argued six landmark cases on gender equality before the Supreme Court. She won five of those cases, including a gender equality case that ruled a state law favored women over men because it gave benefits to widows but not to widowers. She was instrumental in advancing reproductive rights, gender equality, healthcare access, and same-sex marriage. Not only was she among a handful of women attending law school at the time, she graduated first in her class at Columbia University in 1959, while taking care of her daughter, attending her husband’s classes, taking notes and helping him pass as he battled cancer. She was as well known for her dissents as for her majority opinions. Justice Ginsburg said about her dissents: “Dissents speak to a future age. It’s not simply to say my colleagues are wrong and I would do it this way but the greatest dissents do become court opinions”.
ruling is out of tune with the realities of wage discrimination” and a “cramped interpretation of Title VII, incompatible with the statute’s broad remedial purpose.” Her greatest quote from Ledbetter however, is the following: “In our view, the Court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination,” a simply brilliant sentence that sums up the years of frustration suffered by millions of women who felt helpless to change a rigged system of pay. But this quote sums it up best: “I do hope that some of my dissents will one day be the law.”
This warrior’s greatest quote has to be this: “I’m sometimes asked when will there be enough women on the Supreme Court and I say when there are nine”. Or “a persons’ birth status should not enter into the Her dissent in Ledbetter v. Goodyear ultimately way that person is treated.” Those quotes summarize inspired passage of the Lilly Ledbetter Fair Pay who she was, an advocate for the less fortunate, the mistreated, the downtrodden and the minority. Act. Justice Ginsburg stated that the “majority’s Continued on page 2
Klik Solutions THE ADVOCATE
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September/October 2020
PRESIDENT’S MESSAGE Justice Ginsburg opened the door for women to the Virginia Military Institute in US v. Virginia. She eloquently stated that not allowing women into VMI “denies to women, full citizenship stature— equal opportunity to aspire, achieve, participate in and contribute to society.” The late Justice Scalia said “she has done more to shape the law in this field, than any other justice on this court. She will take a lawyer that is making a ridiculous argument and just shake him like a dog with a bone.”
noted that Medicaid covers community-based care facilities, which tend to be less expensive than institutional care. She also noted that while the ADA does not demand that institutions be phased out, it does envision allowing greater independence for people with disabilities. Forcing those with mental disabilities to choose between accommodations and independence would have a discriminatory effect, Justice Ginsburg said.
Nine years after Congress passed the Americans with Disabilities Act, Justice Ginsburg wrote an opinion credited with cementing its scope to include people with mental disabilities, finding that the "unjustified institutional isolation of persons with disabilities is a form of discrimination."
Justice Ginsburg wrote that otherwise, "in order to receive needed medical services, persons with mental disabilities must, because of those disabilities, relinquish participation in community life they could enjoy given reasonable accommodations, while persons without mental disabilities can receive the medical services they need without similar sacrifice."
Two women with developmental disabilities and mental health issues had sued the State of Georgia, alleging that while the professionals treating them said they should be placed in community-based programs, they remained isolated in an institution.
I could go on and on about her trailblazing decisions. In conclusion, and in deference to my female brethren, I will leave you with this Justice Ginsburg quote: “I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.”
The State argued it wasn't discriminating against the women, because it kept them in these facilities due to funding constraints. But Justice Ginsburg
Jay D. Miller BCBA President, 2020-2021
BCBA FACE MASKS NOW AVAILABLE By Matthew C. Nelson
Do you want to be the most fashionable attorney in the courtroom? Do you want to show your BCBA pride? Of course you do!
Masks can be purchased by emailing Jacob Bengel at jbengel@bcba.org, by calling (410) 337-9100, or by stopping by the Bar Office.
When the Court becomes fully operational on October 5th, don’t be caught without a mask. In collaboration with the Historical Committee, the BCBA is proud to offer an adjustable, BCBAbranded face mask. Masks are $10 each, and proceeds from all sales will go towards supporting the upcoming 100th year anniversary celebration next year. Cash, checks, and credit cards accepted. THE ADVOCATE
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September/October 2020
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
Contributing Writers Andrew Alperstein Damien Banks Leon Berg Hon. Sally Chester Tracee Fruman Stanford Gann, Jr. Louis Hurwitz Wendy Meadows Scott Stevens Britt Stouffer Alexander Walsh
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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Inside This Edition Annual Charity Pg. Bench/Bar Update Pg. Chambers Chat Pg. Judge Chester Goodbye Pg. Court Notices Pg. Family Law Meet & Greet Pg. Law Library Pg. Lawyers Assistance Pg. Magistrate Gilbert Pg. Member Ads Pg. New BCBA Staff Pg. Professionalism Pg. Technology Committee Pg. Tort Arbitration Pg. Virtual Jeopardy Pg. Writing Opportunities Pg.
36 8 & 12 17 18 4-7, 10-12 26 23 24 16 44 14 22 28 19 30 20
PROPOSED CHANGES TO CONSTITUTION & BYLAWS Thank you for your feedback and suggestions regarding the proposed changes to the Constitution and ByLaws of the BCBA. To read the proposed changes to the Constitution, please click here and to read the proposed changes to the Bylaws, please click here. There will be a vote on these changes at the virtual Stated Meeting on Thursday, October 15. Register for the Stated Meeting here.
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September/October 2020
RESUMPTION OF JURY TRIALS IN BALTIMORE COUNTY Maryland courts are currently scheduled to move to Phase V and resume jury trials on October 5, 2020. While COVID-19 infection risks remain significant and social distancing measures are required, the resumption of jury trials will not equate to a return to • business as usual. The major barriers include: •
The jury assembly room can only accommodate 60 people when social distancing measures are • enforced;
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Our largest courtrooms can only hold 20 people as the benches are presently configured;
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Elevators are limited to 2 passengers, so moving large numbers of jurors within the building will be time consuming;
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Almost all jury rooms are too small to accommodate a full jury with proper social distancing.
We have been working diligently, along with leadership from Baltimore County Executive Johnny Olszewski’s office, to explore available offsite locations for jury selection. Although public schools and Towson University seemed to be obvious potential solutions, they are not viable options. As we continue to explore possible remote locations, we are finalizing protocols to move forward in the event we only have current resources available. Our capacity to handle jury trials will be restricted until social distancing measures are lifted. Our plans include:
•
assigned to handle selection each day. Unless selection is proceeding in civil cases or in misdemeanor criminal cases, only one jury will be selected at a time. Once a jury is selected, they will be assigned to a courtroom and a judge and instructed to report the following day. The jury will be sworn when the trial commences the following day. At any given time, only three jury trials can proceed within the courthouse, based upon accommodations that need to be made to courtrooms and deliberation rooms. Consistent with the Baltimore County Circuit Court Re-Opening Plan, priority will be given to criminal cases beyond the original Hicks date, based upon the age of the case and, within that group, whether the defendant remains incarcerated. Civil cases specially assigned and cases with multiple prior postponements will also be given priority.
With limited exception, most civil cases that are trial ready already have assigned trial dates. The cases that were postponed because we were closed to the public, or juries were not being empaneled, are currently being re-scheduled by the Assignment Office.
Criminal cases that were specially set, which include all murders, manslaughters, and complex matters, have not yet been re-set. The Assignment Office is in the process of re-scheduling those cases and has prioritized them based upon the age of the case. Counsel will be contacted for agreed dates, and cases will be re-assigned to trial judges based upon availability on the assigned date. The Assignment Office has been directed to schedule trial dates for all specially assigned criminal cases within eight months of the resumption of jury trials.
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We are reconfiguring three or four courtrooms so that jurors will be socially distanced within the jury box and along one side of the courtroom. As a result, seating for family and spectators will be very limited.
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We are relocating jury deliberation rooms to larger spaces for each courtroom assigned for jury In order for the Court to maximize our capacity to conduct jury trials, we need cooperation from the bar. trials. If a case is going to plead or settle, that needs to Only jury selection will be conducted on the first occur before jury selection commences. This is not a trial day. Jury selection will take place in the area time for gamesmanship. For instance, requesting a where the jury assembles, and one judge will be
•
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RESUMPTION OF JURY TRIALS IN BALTIMORE COUNTY jury trial simply as a negotiation tactic, or to bluff in a case that you know cannot proceed, cannot occur. We will do whatever we can to select juries so cases can proceed. But we cannot squander juror resources on cases that are not going to be tried. Status calls will be held on all jury trials one to two days in advance of trial. Counsel will be advised where they stand in the cases set for selection that day. If a case is not reached on the date scheduled, it will be postponed. Voir dire must be filed through MDEC no later than the day prior to trial. Jurors report at 8:30 and will go through orientation as soon as check-in is completed. Therefore, counsel must be present and ready to start jury selection at 9:00 a.m., unless instructed to report at a later time. Witnesses should be on call to start promptly the following day.
reached. If there is some prospect that a case can be resolved without trial, civil cases can be re-set for another settlement conference, or criminal cases can be set for a status hearing, upon request. If parties agree to waive their right to a jury trial, please notify the court, as we have greater capacity to reach cases set for a bench trial. As we get closer to October 5th, and we know with greater certainty whether that date is realistic, additional information will be circulated. And we continue to explore off-site selection sites. Thank you for your patience as we work through these challenges.
We understand these processes are new. We also acknowledge that many more cases are set for trial than we will be able to reach with the limitations that remain in place during this public health crisis. Our trial postponement policy will remain liberal throughout the COVID-19 restrictions, as we are cognizant of the time and expenses associated with trial preparation for a matter that is unlikely to be
Judge Kathleen G. Cox Administrative Judge Judge Robert E. Cahill, Jr. Lead Criminal Judge Judge Judith C. Ensor Lead Civil Judge
Updates related to court operations can be found by visiting www.bcba.org and clicking on ‘COVID-19 Updates’. THE ADVOCATE
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September/October 2020
DISTRICT COURT PHASE V MESSAGEE
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September/October 2020
DISTRICT COURT PHASE V MESSAGE
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September/October 2020
AUGUST BENCH/BAR UPDATE By Andrew I. Alperstein
The Bench Bar committee met on August 13, 2020 via Zoom. The meeting was called to order by Committee Chair Raphael Santini. Circuit Court Bench Report —The court’s Bench report noted that jury trials remain suspended due to the COVID-19 pandemic. The court will begin nonjury trials in mid-August. The report also noted that Judge Norman is retiring, and his last regularly assigned day was August 12, 2020. However, Judge Norman is expected to continue to hear cases in his senior status. A new administrative order was issued regarding foreclosures. Judge Cahill is leading a workgroup studying how the court will initiate jury trials in October. The group is considering alternate locations aside from the courthouse for jury reporting and possibly selection. The criminal dockets had a significant backlog due to the COVID-19 closure. However, in the two months since the court reopened, 700 criminal cases have been resolved without jurors or witnesses. As a result, the court is finding open docket space which may be used for domestic cases. Finally, the bench report noted that there are civil case mediators and there are no change in policy for those matters. Circuit Court Clerk—The clerk’s office reports that the filings are up to date. However, there are some major backlogs with notary publics. Specifically, there were over 1000 notaries who needed to be sworn in. To handle the backlog, the clerk’s office has implemented a new appointment calendar. The clerk’s staff continues to telework. So far, this system seems to be working. However, there are always staff in the office to handle calls and walk-ins. Circuit Court Magistrates—Magistrate Judges Schenker and Paliath have picked up juvenile dockets to assist with the backlog. As a result, the juvenile dockets are caught up from a backlog after the COVID-19 closure. The Magistrates are now turning their attention to domestic matters. Some of the domestic matters are now being handled remotely.
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District Court Bench—Plans are being finalized to move Towson district court back to its original location. About one week later, the court hopes to then move old Catonsville to its new home at the Rolling Crossroads location. If all goes as planned, the moves with occur in October about a week apart. The shuttle bus between the old and relocated Towson District court locations should end on October 16. The court also noted that they are dealing with 12,000-13,000 failure to pay rent cases. The court is exploring different options to resolve those cases. Finally, the bench report noted that Judge Chester will be retiring on September 25. District Court Clerk—This report indicated that all filings are up to date. The court will continue to have bailiffs screen everyone entering the building using the COVID-19 health questions and temperature checks. The plan remains to stagger people entering the building and the courtrooms to maintain social distancing. Finally, the clerk reported that they are working hard to get ready for the buildings being moved. OAH report—OAH reported that they are presiding over many hearings remotely. MVA hearings are being held by video conference and they seem to be going well. Appearing by telephone or in person remains an option in certain situations. Executive Council—President Jay Miller reported that the BCBA office is now fully staffed. All bar activities are being held virtually. President Miller noted that the BCBA will continue to send email updates weekly. Also, the BCBA held its first Diversity and Inclusion meeting. State’s Attorney— The State’s Attorney’s Office has been working hard to make reasonable plea offers in felony cases with the goal of clearing out the dockets as best they can. All attorneys and staff have laptops which has helped this office continue to run efficiently during the pandemic. Support staff is working from home 4 days per week. When staff reports to the office, they are careful to socially distance.
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September/October 2020
AUGUST BENCH/BAR UPDATE
CASA SCHOOL SUPPLIES DRIVE THANK YOU
By Andrew I. Alperstein
Criminal Defense Bar—Questions and concerns were raised about the COVID-19 protocols in District Court. The District Court will notify potentially impacted individuals of contacts with COVID positive individuals occurring in the courthouse consistent with the court’s HR protocols. If an exposure occurs in the courthouse, contract tracing will occur for individuals only for people who meet the notification protocols. Young Lawyers— A planning meeting occurred. The report noted that chambers chats with Judge Siri would occur on September 16 and Judge Robinson on October 21. The annual Holiday Lunch is scheduled for December 11 but the format may change. The Bull Roast is tentatively set for April 25. Baltimore City Liaison—Jury trials are expected to resume on October 5. Family and reception courts are operating normally. Settlement conferences are being held on Tuesday, Wednesday and Thursday. All collateral matters are being handled remotely from jail. Portrait Committee—Judges Murphy, Dugan and Smith are completed and waiting to be presented. No presentation ceremonies are being held at this time. Harford County Liaison—Judge Cooper would like any criminal pleas to be done remotely. Remote hearings are encouraged. Diversity and Inclusion—Michelle Greer represented the committee. The group has formed five subcommittees. An event is scheduled for September 24 in partnership with the Anne Arundel County Bar Association that will focus on implicit bias.
The Baltimore County Bar Association now has a YouTube channel!
I just wanted to thank you – and your so many friends! – for your generosity. We are overwhelmed by the amount of school supplies that were delivered over the past few weeks. It seemed like there was not a day that went by that Amazon did not deliver at least one box to us. We are so excited to have received everything needed to get so many of our CASA kids off to a great start to the school year. Donations of calculators, lap desks, markers, binders and everything else needed are being passed out and not only is this so helpful as the school year starts, but also a wonderful reminder that even though most of our kids are not permitted to leave their foster or group homes because of COVID they are not forgotten. Please pass along our appreciation to everyone who contributed. We are most grateful for their generosity and support. And a special thanks to you for all of your efforts and patience with coordinating the Amazon Wish List. Stay well and thank you again -
Follow us and receive notifications when we post a video. Virtual programs and events hosted by the BCBA will be recorded and posted to our channel. This is a great way to access information presented if you are unable to ‘attend’. THE ADVOCATE
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MESSAGE FROM THE ORPHANS’ COURT
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NOTICES FROM BALTIMORE COUNTY FAMILY LAW DIVISION Guidelines for Remote Hearings in the Maryland Trial Courts: The Maryland Administrative Office of the Courts issued the Guidelines attached to this e-mail, which are being followed by the Baltimore County Circuit Court. If you have been assigned a remote hearing/trial please study these Guidelines. Pre-filed exhibits for remote hearings: Exhibits need to be filed through MDEC 2-3 days in advance of your hearing (NOT THE MORNING OF YOUR HEARING!). When pre-filing the exhibits, select the Filing Code “Pre-Filed Exhibit.” You must upload each exhibit as a separate document. In the description section, attorneys need to: 1) number the exhibit; 2) identify the submitting party; 3) include a description of the exhibit. For example: Pre-filed #1_Plaintiff Smith_ Judgment of Absolute Divorce. Martial Settlement Agreements and Confidential Information: The Clerk’s Office has been seeing more instances of Joint Statements of Marital vs. Non-Marital Property (9-207) being scanned and uploaded with Marital Settlement Agreements as a single document when filed through MDEC. Please know that Agreements are available to the public and as such, if confidential information is included within them, or accompanying the Agreement, that information will be made available to the public as well. 9-207 Statements, as well as Child Support Guidelines Worksheets (and all documents containing any other necessary confidential information) should be separate exhibits to the Agreement and filed through MDEC in the same envelope as the Agreement, but filed separately from the Agreement and marked as confidential. Uncontested Divorce Trials, Scheduling Conferences and Mediations: For the foreseeable future, all of these Court events will be conducted remotely and not in-person. Please don’t contact Magistrates about resetting uncontested hearings that are ripe. The Assignment Office handles all scheduling of these hearings. Scheduling Conferences: For cases where there are two attorneys and no minor children, the Court is still conducting ‘telephonic’ scheduling conferences on THE ADVOCATE
Mondays with the DCM office. Cases that involve minor children and/or do not have two attorneys involved, will be set for a ‘remote’ scheduling conference before a magistrate. Settlement Conferences: Family Law Settlement Conferences will be held in-person, unless a remote Settlement Conference is requested. Child Access Evaluations and Special Issue Investigations: These are being conducted remotely, with the exception of parent-child observations which will be in-person. Safety protocol information will be sent out prior to any in-person observations. Home Studies: These will continue to be conducted remotely for the foreseeable future.
Pre-Hearing Contempt Conferences: Currently, the pre-hearing contempt conferences (involving financial and/or child access issues) are being conducted remotely. In the past these conferences involved mediation. Going forward they will only involve screening the matter to see if it is ready to proceed to a hearing (e.g., has service been effected, etc.). Even though these remote conferences will be conducted by the Office of Family Mediation, that office will not try to mediate the disputed issue during this conference. However, a remote mediation can be scheduled if requested. Mediation: With few exceptions, the Office of Family Mediation will continue to conduct mediations remotely for the foreseeable future. Visitation Center: The Baltimore County Visitation Center is closed and it is expected to remain closed for the foreseeable future. Attached to this email is a list of private supervised visitation providers. New Child Support Office Address: The Child Support Office moved to its new location on July 10, 2020 – The new address is: 211 Schilling Circle, Suite 102, Hunt Valley, MD 21031.
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SEPTEMBER BENCH/BAR UPDATE By Damien R. Banks
On September 10, 2020, the Bench/Bar Committee held its September meeting via Zoom.
may be used for civil trials but nothing is specific at this time.
Judge Kathleen O. Cox gave the report for the Circuit Court Bench. Significantly, jury trials will start on or around October 5, 2020. The major focus has been on jury selection since it will not be business as usual due to social distancing. Judge Robert E. Cahill, Jr. has been working with Rachel Christopher and Tim Sheridan in an internal workgroup for a courthouse option for jury selection. Many options for jury selection have been discussed including: 1) the jury assembly area, 2) Courtrooms 2 or 12 which can be configured to bring in up to 30 jurors, or 3) off-site locations (including the Cow Palace at the Timonium Fairgrounds).
Judge Mickey Norman’s opening was posted and the deadline to apply is October 1st. The Commission will meet at the end of October and will conduct interviews by Zoom.
Regarding juries in the courtrooms and deliberations, there may be only three or four courtrooms available to accommodate juries due to the size of the jury boxes and social distancing requirements. The rooms will contain floor to ceiling plexiglass on the rows between juries back to front which will be placed between the rows. Additional rows may be added. The 4th floor courtrooms of Judge Jan M. Alexander and Judge Michael J. Finifter are the best courtrooms and they are able to accommodate criminal juries. On the 5th floor, the jury box in Judge Andrew M. Battista’s courtroom can be extended for civil trials and will accommodate 9 or 10 jurors. Three criminal trials and one civil trial may be occurring at the same time per day. For jury deliberations, the Grand Jury room or the Judicial Conference Room may be utilized. After the jury is selected, there will be no opportunity to speak to the jury selection judge for a possible settlement. The intent is that a judge will only be there to select the jury, not to negotiate a potential settlement. The jury will report the next day to an assigned courtroom with an assigned trial judge and the case will move forward. It will be expected that efforts to plea or settle should have been exhausted prior to jury selection. If your case is not selected, it will be set in for a Scheduling Conference for a new date. The problem for the bar is that every case that is assigned should be ready to try on its trial date. This process is ongoing and will require review. Judge Judith C. Ensor and Judge Dennis Robinson, Jr. are reviewing the process for civil jury trials, but serious criminal felony trials will take priority. In response to a question, Judge Cox said there was no indication of mandatory COVID testing of jurors. Courtroom 5 THE ADVOCATE
Circuit Court Administrator Timothy Sheridan reported that Judge Justin J. King is now sitting in Courtroom 8, Judge Norman’s former courtroom. Judge Colleen Cavanaugh is now sitting in Courtroom 2, but will remain in her chambers. Julie Ensor, Clerk of the Court noted that the court is open for business. File and Serve is up to date, and civil marriage ceremonies started last week. Magistrates Wendy Schenker indicated discrepancies in the Scheduling Conference notices have been corrected to indicate cases where there are two attorneys and no minor children. The Court is still conducting ‘telephonic’ scheduling conferences on Mondays with the DCM office. Cases that involve minor children and/or do not have two attorneys involved, will be set for a ‘remote’ scheduling conference before a magistrate. Orphans Court Judge Arthur Frank noted that hearing notices are being sent to indicate remote appearances are available, as many who appear are vulnerable. The Register of Wills is open, but by appointment only. On October 5, 2020, the full staff is expected to return. District Court Administrative Judge Dorothy Wilson reported that the move back date from the Catonsville Courthouse to the Towson courthouse at 120 Chesapeake Avenue has been confirmed to take place during the weekend of October 9-12, 2020. The Towson courthouse will reopen on October 13, 2020. During the week of October 13-16, dockets will be limited to only domestic violence cases and bail reviews. The shuttle will end on October 9, 2020. During the following weekend of October 16-19, 2020, the Catonsville District Count will move into the new Catonsville building on Rolling Road. The old Catonsville District Court building will be closed and used by the University of Maryland, Baltimore County. On October 19, 2020, the dockets will be limited to domestic violence cases and bail reviews. The District Court is planning a media communication blitz to inform the public and signs placed in front of buildings and in parking garages. The District court will be adding Failure to Pay Rent
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SEPTMBER BENCH/BAR UPDATE By Damien R. Banks
actions starting on September 14, 2020 as Phase 4. They will schedule the largest landlords for one day per week at 9:00, 11:00, 1:30, and 3:00 and 25 cases will be heard in each session. Cases involving small individual landlords will be heard in two sessions on civil dockets at 11:00 a.m. and 3:00 p.m. with 4 cases heard per session. Judges are preparing court orders to dismiss without prejudice any Failure to Pay Rent cases where the Cares Act certification has not been supplied. Everything else remains the same as Phase 3. Evictions pending prior to March 16, 2020 are being processed. The District Court Clerk announced that bailiffs continue to screen at the front door and they stagger people coming into the building and courtrooms. Notices are beginning to be sent out. If there are any problems with the notices, please contact Maria Fields, District Court Administrator. The Honorable Will Somerville of the Office of Administrative Hearings reported that ALJ, Kim Farrell is retiring. He also noted that the OAH judges continue to conduct hearings and mediation by videoconferencing and in person. President Jay D. Miller gave the report of the Executive Council. He is concerned about bar members staying engaged during pandemic. Several events will take place virtually. He suggested that all committees have a kickoff meeting and party and send photos to Rachel Ruocco. The Council will award prizes for the best photo. On September 16, 2020, Peter Franchot, the Comptroller of Maryland will speak to lawyers on the impact of Covid-19 during a joint webinar. On September 24, 2020, the BCBA will co-host a program on Implicit Bias. On September 29, 2020 Judge Cox will host a webinar on the current state of the Circuit Court where members can send questions. The first Diversity and Inclusion meeting was recently held. The Stated Meeting will be held virtually on October 15, 2020. There will be a virtual Bar Wars Trivia Contest event in late October. The annual Baltimore County Bar Association Black Tie event usually held January will be postponed until May of 2021. Due to upgraded software, the invoices will be emailed.
laptop. People are working efficiently at home and potentially work will continue at home after the pandemic. Deputy Public Defender James Dills reported that Executive Branch and Judiciary Orders continue to be somewhat conflicting. The offices must comply with Executive Branch orders which require teleworking. However, with the judiciary ramping up, no systems are in place to accommodate teleworking. He is trying to transition attorneys and staff as court activity increases. Currently, the lobby is closed to the public but it will be opening in late September or October. Gregory E. Gaskins of the Office of Law announced that administrative hearings such as Board of Appeals, the Liquor Board, Personnel and Salary, Advisory Board and County’s Office of Administrative hearings will be virtual. Attorney Jim Nolan retired and attorneys Chris Lundy and Veronica Love have been hired. Sondra Douglas presented the report for the Diversity and Inclusion Committee. The Committee held its first meeting on July 21, 2020 with 12-14 members. The Committee created five subcommittees, such as liaison with specialty bars, marketing, mentoring, a long-range planning committee and events. The Committee will work on diversity awareness, training, education, and community partnerships. There will be another meeting at the end of September. The first event is September 24. 2020 from 11:30-1:00 p.m. in a partnership with Anne Arundel County with criminal justice section of the ABA. The topic is Implicit Bias. Rachel Ruocco will send out the link for registration.
State’s Attorney Scott D. Schellenberger gave the report for his office. He noted that attorneys are coming into the office more often due to increased court activity which he expects will increase into October. Support staff continues to work four days at home and one day in the office. Everyone has a THE ADVOCATE
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September/October 2020
NEW BCBA TEAM MEMBER—AMBER GAINES By Tracee O. Fruman
learned about a job opening at BCBA. Amber’s mother, a paralegal, is good friends with a BCBA member, who shared the job listing.
Amber Gaines, BCBA’s newest hire, joined the BCBA as Rachel Ruocco’s Executive Assistant in August. Although most recently Amber was a stay-at -home mom to her two sons, Asher (4) and Owen (2), she is no stranger to the non-profit world. For eight years, Amber worked for the Ronald McDonald House in Baltimore as their Volunteer Manager. Amber counted among her job responsibilities everything and anything related to the volunteers who staff the Ronald McDonald House. In addition, Amber assisted with managing events, fundraising and interacting with the families who stayed at the home-away-from-home for seriously ill children. After a brief one-year move to Florida for her husband’s job, Amber and her family returned home to Maryland to be closer to family. Amber is a lifelong Marylander, having graduated from Edgewood High School in Harford County and then from Towson University with a degree in communications. Amber planned to return to the work force once she moved back to Maryland, but COVID-19 threw a wrench in her plans until she
Although Amber did not know anything about BCBA prior to taking the job, she has delighted in learning the “ins and outs of the organization, which is way more in-depth than [she] imagined.” Considering Amber’s history with the Ronald McDonald House, it’s no surprise that Amber is especially enthusiastic about the opportunity to plan events that will raise money for the BCBA President’s charity. “I love that aspect of [the BCBA]. I was so blown away and excited about that. I think it’s really important to have that giveback sense.” Until the pandemic allows life to return to normal, Amber is taking life’s slower pace as an opportunity to learn how to navigate her many job responsibilities at the BCBA. For instance, Amber is responsible for recruiting members, handling the calendar, planning events, running social media accounts, as well as using QuickBooks to manage the financial aspects of BCBA’s operation. Amber said, “As much as COVID has been really tough, it has been the perfect time for me to come in and learn this job.”
When Amber is not working, she enjoys hanging out with her family and friends, shopping online, and spending time outside with her boys. Once you meet Amber, you will understand why her sunny personality and self-professed “very social” nature make her a great fit for the BCBA. Welcome to the BCBA, Amber!
Have you moved your office? Has any of your contact information changed? Are you receiving our emails? Please contact Amber at againes@bcba.org or 410-337-9102 to update your information. 2021 Dues Invoices will be sent via email in November.
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September/October 2020
NEW BCBA TEAM MEMBER—JACOB BENGEL By Tracee O. Fruman
Jacob Bengel spent the early part of his career making sure people looked good on the outside. Now, he has turned his attention to making people feel good on the inside. At first glance, Jacob’s new role as the BCBA’s Lawyer Referral & Information Service Coordinator may seem like 180 degrees from his former career in the fashion industry. Through launching his own image consultancy brand, Jacob was helping his clients “unlock the potential within, which is where [he] flourished.” Now, Jacob’s attention is focused on maximizing the potential of Baltimore County’s legal community to help those who need it the most. A native Marylander who hails from Bel Air, Jacob graduated from Bel Air High School and moved to New York City to attend the Fashion Institute of Technology, where he majored in advertising and marketing communications and minored in international trade and marketing. When he graduated, Jacob worked for The Phluid Project, a gender-free store concept with the goal of building nonbinary awareness, a subset of diversity and inclusion. As Head of Experiential for The Phluid Project, Jacob’s responsibilities included event coordination, social media branding, and creating advertising campaigns, as well as working with well -known corporations on gender expansive training. “Working with huge companies and teaching them about pronouns” was a big job for a new college graduate, but “you fill the boots you are given, and you grow up quite quickly,” according to Jacob. After two-and-a-half years with The Fluid Project, Jacob embraced his entrepreneurial spirit by working as a celebrity stylist, creative consultant, and brand builder, until COVID-19 brought the
world to a halt in March 2020. Jacob returned to his family home in Harford County to take a muchneeded break from his demanding job and decided that there were “bigger problems in the world that [he] wanted to focus on.” Working for the BCBA seemed like a natural progression for Jacob, who believes that the BCBA is “the best place to learn about being a lawyer without actually being a lawyer.” Callers seeking legal representation will hear Jacob’s friendly voice when they contact BCBA’s lawyer referral service. Jacob connects clients with attorneys of the appropriate specialty, as well as researches other resources. Jacob looks forward to the day when COVID-19 allows him to work on his other job responsibilities, such as providing attorneys with support within the courthouse and beyond, and making sure people feel included in the legal community. In the future, Jacob sees himself going to law school. In his free time, Jacob enjoys cooking and baking, hunting for vintage finds, cycling, kickboxing and meditation. Welcome to the BCBA, Jacob!
At 10 a.m. on Tuesday, October 6, Baltimore County will begin accepting applications for the second phase of its COVID-19 Eviction Prevention Program, providing rental assistance to County residents who have lost income due to the COVID-19 pandemic and are at risk of losing their housing. Click here to learn more. THE ADVOCATE
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September/October 2020
A SALUTE TO MASTER RICK By Leon W. Berg
On July 31, 2020, one of our longest serving family and juvenile law magistrates retired. Unfortunately, his retirement did not receive appropriate recognition given the COVID-19 crisis. Magistrate Richard J. Gilbert’s career, however, offers much to be admired. Rick Gilbert will be 72 this November. He grew up in the Edmonson Village neighborhood of Southwest Baltimore (not too far from where his doppelganger, John Bolton, grew up) and graduated from Edmonson High School in 1966. Shortly thereafter he enlisted into the US Marine Corps. Rick served with distinction in the Vietnam War first as a gunner and then crew chief on a CH46 helicopter, transporting Marines, supplies and conducting medical evacuations. Notably, he received 2 Bronze Stars with V (for valor). One of those Bronze Stars was received for being lowered into a jungle hot zone, extracting an injured pilot from a wreckage, and the body of the co-pilot who did not survive the crash. He also received a Single Mission Air Medal, in lieu of a Bronze Star, awarded for heroism while participating in aerial flight. Rick flew approximately 1,000 combat missions during his service in Vietnam. Upon his discharge from the Corps, Rick finished college, graduating in 1975 with a BA in English. After working in construction for two years, he entered the University of Baltimore Law School night program while continuing to work in construction during the day. He was admitted to the Maryland Bar in February, 1982. Rick clerked for Judge Marvin Land, Judge James Langrall, and Court of Special Appeals Judge H. Kemp MacDaniel before practicing in several private firms and completing a stint as an Assistant Public Defender representing juveniles. In June, 1988, he was appointed as a part-time Master in the Circuit Court for Baltimore County which became a fulltime position in February, 1989. Rick typically heard contested cases four days per week amounting to thousands of cases in his career. THE ADVOCATE
He takes great satisfaction in having had a positive impact on the lives of the many people who appeared before him. By way of example, Rick shared with me a crayon drawing by a ten-year old girl featuring a child standing between a burning house and a volcano. Accompanying the picture was a handwritten letter from a social worker thanking him for getting that child out of the hell depicted by the picture. Rick offered examples of impromptu meetings with people who had appeared before him, who thanked him for making their lives better. Rick was a student of the law. He co-authored with Judge John F. Fader, II, the 1st through 4th editions of Maryland Family Law, the indispensable cookbook for family-law practice. He also co-authored the Maryland Tort Law Handbook from 1989 to 2019. And let us not forget Rick’s annual May presentation of new family law legislation to the family bar. Rick credits his appreciation of legal discourse to his many discussions at the dinner table with his father, Richard P. Gilbert, who was Chief Judge of the Maryland Court of Special Appeals from 1976 until his retirement in 1990. Rick appears to be enjoying his retirement. He has many home projects, undoubtedly carefully supervised by his lovely wife of 39 years, Rosemary Gilbert. He enjoys murder mysteries and counts Braveheart and The Godfather (Part 1) among his most favorite movies. Not surprisingly, he also keeps current on appellate decisions. As many of us know, Rick’s persona was welcoming and convivial at social events; on the bench, not so
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YOUNG LAWYERS DISTRICT COURT CHAMBERS CHAT
A SALUTE TO MASTER RICK By Leon W. Berg
By Alexander J. Walsh
much so. Naturally, I had to ask him about this duality. His immediate answer was, “the law is serious business.” When viewed within the context of his concern for providing fair and reasoned resolutions to the people who appeared before him, his “serious business” mindset should be viewed in a better light. His advice to young practitioners was simple: “Do your best, and don’t take advantage of people.” It was my personal experience, validated by the comments of many of us who appeared before him, that Magistrate Gilbert may have been all business on the bench, but far more often than not, “he got it right.” Hopefully, when this pandemic is over, we will find the opportunity to celebrate his career of devoted service to our legal community and the people of Baltimore County.
THE ADVOCATE
On September 16, 2020 the Young Lawyers Committee hosted a virtual chambers chat with the three newest members of the District Court BenchJudges Siri, Friedman, and Porcarelli. Close to twenty individuals registered for the event and the judges shared a wealth of information during the hour long Zoom. The judges shared their experiences prior to being appointed to the bench, and what motivated them to seek a judicial appointment. The conversation also included a rare insight from the “other side” of the bench, in which the judges explained how they prepared for the variety of dockets they see and what they find to be most challenging, and rewarding, about their new role. The chat wrapped up with the judges providing pointers and tips for young attorneys, not only on what they individually appreciate when attorneys appear before them, but also guidance on what kind of techniques they’ve found most effective in District court trials. Some helpful suggestions included providing opening statements when asked by the bench, what kind of writing implements to use (and not use) when having witnesses mark exhibits, taking the time to work out stipulations beforehand, and finally on taking the time to let the judge observe what may have transpired between attorneys and witnesses on exhibits being introduced to evidence. The Young Lawyers Committee would like to thank everyone who attended, and especially Judge Siri, Judge Friedman, and Judge Porcarelli for volunteering their time and providing valuable insight.
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September/October 2020
“SAL, THIS IS BOBBY…” AND SO, I FACE THE FINAL VERDICT…. By Judge Sally C. Chester
June 13, 2004, a Sunday evening, I was watching back to back showings of “The Parent Trap.” Mr. Nick was at the beach and the phone rang. “Is Sally Chester there? Yes, may I ask who’s calling? It’s the Governor’s Office.” And the dream came true, a twenty-five-year career as a trial lawyer and a ten-year trial to be appointed judge commenced sixteen years on the Baltimore County District Court. To say I have enjoyed it would be an understatement. I have loved being a judge and a lawyer as well. You see, I consider myself a very lucky lady and blessed to have been given the opportunities to use my talent as a people person to be the People’s lawyer and Judge. Governor Ehrlich appointed me to the District Court with this in mind, and I thank him for this every day.
sense of humor and kindness, I have tried to carry on the tradition of personal and individual justice. My guiding principal has always been to uphold the Constitution and the standard of fundamental fairness which is the backbone of due process.
Each morning I enjoyed going to court. It was never dull, and I often opined you could not invent the scenarios. My colleagues were a wealth of knowledge and experience but also could lighten any day. My first two years were spent in Essex with Brother Darrell (Russell) and Other Brother Darryl (Fletcher). We were supervised by our fabulous Professional Assistant Valerie Burlingham and the most capable clerks and boisterous bailiffs. This was the busiest and yet happiest courthouse in the County. My Brothers taught me the ropes. In Essex I became Judge Hon, was recognized by former clients, “Miss Sally is that you?” and sympathized with mothers I had known from twenty years of representing their sons. All roads lead to Kelso Drive, not Rome.
“Me Too” was nowhere to be found when I started practicing law. I got my start with two of the greatest trial lawyers, Roland Walker and Jack Rubin. When I appeared in Western, Southeastern, other District Courts and tried a murder case in Harford County, most of the other female criminal lawyers were public defenders or prosecutors. My career role models were Judges: Shirley Jones, Rita Davidson, Mary Arabian, Mabel Hubbard, Patricia Pytash and Barbara Kerr Howe; former State’s Attorney Sandra O’Connor; Masters Judith Ritchey and Jackie Dawson; and attorneys that I revere: Lisa Mervis, Emma Twigg Clarke, Elizabeth Julian and Barbara Lewis. It is their footsteps among others you see on the pavements leading to the Courthouses around the State; they literally broke ground for other women. We took hits you cannot imagine but our weapons were brains and charm, and in my case, humor. Each decade more progress is made and now women often outnumber men in law school. Remember there will always be some prejudice because there will always be stupidity. Life isn’t perfect.
I loved traffic court and felt it was the one opportunity for the Bench to demonstrate courtesy and respect to the average citizen. It is the People’s Court and these people were not criminals. As Judge Boone, my mentor and predecessor, would say: “I’m not here to enrich the insurance companies.” His spirit was with me every day and I reminded everyone that I took his spot because no one could take his place. While originally the seat was Judge Hinkel’s, as he went on to Circuit Court shortly, this Judgeship should always be known as the “A. Gordon Boone Seat.” With Gordon in mind and his lack of malice and my own THE ADVOCATE
I love lawyers. I try to treat them as I wanted to be treated. Being in the District Court I have the opportunity to see the beginning and sadly, the end of careers. District Court is a learning experience for many, and Judges need to remember that and know when to gently guide or direct the course of a case without embarrassing an attorney. It costs nothing to be kind to an attorney or compliment them in front of their client. District Court cannot afford Prima Donnas, just Judge Mommas.
Baltimore County is a great place to be a lawyer and a Judge. Our Baltimore County Bar Association is the envy of all others. We have made some great law
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and tried important cases. We are blessed with superior Police and Sheriff’s Departments, State’s Attorney and County Attorney’s Offices and Office of the Public Defender. There has never been a more hard-working group of civil servants, particularly the administrative assistants, clerks and bailiffs who support the District and Circuit Court Benches. Everyone I encountered was always willing to help.
Before I go, I want to invite you to my retirement party which will be in the Spring. Jim Crawford is a Co-Conspirator. Look for announcements in future issues. It will not be Virtual or a Masquerade Ball, but it will be HUGE and open to all. After all, I cannot leave in a shy way, I’ll do it My Way. God Bless you, love to all from Mr. Nick and his grateful wife, Your Judge Sally.
TORT ARBITRATION IN THE ZOOM ERA & BEYOND By Stanford G. Gann, Jr.
process will proceed. In the age of Zoom, it becomes even more critical to organize all exhibits well in advance, to label them for ease of reference and to consider the format in which they will be presented to save time during the proceeding. Agreements between the parties in advance as to authenticity and admissibility of evidence is even more useful in the Zoom presentations of claims.
On Wednesday. September 23, 2020, the ADR Committee of the BCBA hosted a CLE on Tort Arbitration in the Zoom Era & Beyond. The Chair, Christine Malanga, Esquire, was the moderator, and the CLE was presented by Irwin E. Weiss, Esquire.
Similarly, while attorneys are now quite familiar with Zoom and its workings, the parties, the witnesses and even some of the experts may not be accustomed to the technology. As a result, counsel should make sure everyone is familiar and comfortable using such a platform in advance of any proceedings to avoid the fumbling and waste of time and expense during the proceedings.
Mr. Weiss explained the advantages and disadvantages of arbitrations in general, but specifically in the age of virtual legal presentations. With the backlog of court trials, especially jury trials that could be delayed until 2022, arbitrations for new, as well as pending, cases, can prove to be an even more efficient, cheaper and much faster way of resolving tort claims than ever before. Such arbitrations typically avoid run-away jury verdicts on the one hand and zero verdicts on the other hand because arbitrators rarely punish or reward parties beyond a stricter application of the law to the facts. In addition, the use of high-low agreements, among other aspects of arbitrations, gives the parties more control over their cases.
Unlike judges or juries in court trials, arbitrators are paid by the parties by the hour. This makes the efficient use of time so important, especially to avoid wasted time on the use of the technology. Notwithstanding the added cost of the fee for the arbitrator, arbitrations are still often much cheaper than court trials and much faster to resolve. They also avoid travel expenses by the attorneys and witnesses, as well as the arbitrator, and are safer and healthier than in-person proceedings.
Mr. Weiss emphasized the important of having a written arbitration agreement that addresses how the
The BCBA ADR Committee will be presenting another CLE on October 14, 2020 on Zoom in the context of Family Law Arbitrations.
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Mr. Weiss circulated handouts, including a sample Arbitration Agreement. A link to the recorded Zoom CLE presentation will be available on the BCBA website.
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HOW DID I GET HERE? By Louis N. Hurwitz
I never enjoyed writing. It always seemed like such a chore. Writing was something I did because it was required as part of school assignments. Writing takes planning, organized thinking, discipline, and focus, which were not my strong suits in elementary and junior high school (yes, that is what it was known as then). Actually, these were qualities I did not have through high school either.
enjoy the process or not. Those who have the luxury of access to a peer review process where you give and receive substantive and proofreading comments to your colleagues usually emerge from the process as much better writers. Becoming a better writer, however, does not mean the process is easy, especially when one considers unforgiving deadlines and many other demands on your professional time.
For those of you who spent all of your formative years with word processors, computers, dictation programs, and other writing aids that check and correct your spelling and grammar, you likely cannot imagine what it was like typing a term paper with a low-end, portable manual typewriter. Imagine not being able to block and copy and move text around, having to make corrections using Wite-Out (a product that would allow you to paint over your error with a runny white liquid) or correction tabs that would allow you to cover existing type with a chalky white substance so you could type over your errors. These ancient methods did not lend themselves to creating a written document and editing it with ease. In ancient times (when I and my cohort went to school), making numerous changes required retyping the entire document. No computer screens, just words on paper.
So back to the question of how I got here, writing about what interests me. During my last twenty-eight and one-half years as an administrative adjudicator, I went from drafting opinions by hand, which were then typed by a secretary, to learning to dictate decisions to being dragged into the computer age, typing those opinions myself on the computer. Even though I do not type well, I prefer the computer age.
As for producing the content of required assignments, there was no computerized research available in a device we could fit in our pocket or anywhere else. Research meant going to the library, leafing through actual books, newspapers, and periodicals. In my last year of law school, I recall the introduction of a new computer in the law library that would revolutionize legal research. The drawback, however, in that 19801981 academic year, was that the cost of using the newfangled device was so steep, law students were mostly limited to contemplating the future of the thennew technology while thumbing through the bound volumes of publications in order to complete our legal research.
Over those twenty-eight and one-half years, during which I authored approximately 1,800 written opinions on the merits in contested administrative hearings, the writing process was less painful than my long-ago scholastic writing assignments, but of course much more was at stake than in my earlier writings. So you may understand, given the deadlines and many other obligations during my writing career, why I never imagined having the time or wherewithal to take on writing as a hobby, such as an occasional contributor to this publication, or for some other meaningful non-work-related purpose. Now, with more than two years having passed since I issued my last written opinion, I am ready to resume writing, but with a different purpose.
The seeds of my new writing endeavor began to grow when I contemplated one of my late grandfather’s possessions, a notebook he took with him to Eastern Europe when he traveled from Baltimore in 1934 to the land of his birth to visit his parents and the extended family he left behind when he first traveled to America as a teenager in 1913. The fact that the notebook contained only a few personal notes in A great many of us in the legal profession have addition to a list of small monetary gifts people he extensive experience producing volumes of written knew in Baltimore gave him to distribute to their work over the years. It is part of the job, whether you relatives back home was disappointing. Since my THE ADVOCATE
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HOW DID I GET HERE? By Louis N. Hurwitz
grandfather died before I was born, I have no personal memories of him nor was I able to ask him questions about his life. I began thinking about how amazing it would have been if he had kept a journal of that eventful trip. He was an educated man, fluent in several languages. I am sure he could have painted a vivid and poignant picture of his trip and life in his hometown where many of his relatives still lived. Poignant, especially because in 1941 and 1942, several years after he returned to Baltimore, all of his relatives still living in the town where he was born and in a nearby village, both in what is now Ukraine, were summarily slaughtered by the Nazis. Sadly, to add to the family’s sorrow, even though my grandfather, for whom I am named, returned from his trip to the relative safety of the United States, his life was cut short by illness at age forty-three, just eight years later. My grandfather memorialized little family history in writing, but he did share a few key components of his story with my father, who was only seventeen when his father died. You may not recognize how both mundane and eventful experiences you have lived through may be of interest to future generations. How was your life affected by the tumultuous events of 1968, the civil rights struggle, the Vietnam war or the economy? What shaped your educational experience? How did 9/11 affect you? Did you serve in the military? What was life like for you during the COVID-19 pandemic? How did you overcome a particular hardship? What were your family’s financial circumstances? They will have so many questions, but when the personal family history is not preserved, there comes a time when the current generation no longer has access to those who can answer these and many other questions. The answers to questions may be irretrievably lost. For the more senior of you reading this, it is not too late to preserve your remembrances for your children and grandchildren. This article is about writing, but it may be easier for you to narrate an oral history, capturing the stories behind the high points (and lowlights, if you choose to talk about them) of your THE ADVOCATE
journey. For the younger generations, you can do what I did several decades ago for a college class and interview older family members who agree to talk about their life. Whether or not you expand upon the interview and reduce your project to writing, adding your own thoughts, you still have preserved memories for an eternity.
It took Alex Haley, the author of Roots, to write down the many family stories several generations of his ancestors passed along in the tradition of the African griots (storytellers), as they told the oral history of his family. Along the mundane are also fascinating and remarkable pieces of your history. Photographs and videos only tell a small portion of a family’s story. Someone needs to fill in the gaps and pass that information along. I also realize individual family members may have different perspectives and some experiences may be too personal and/or painful for family members to discuss. It did surprise me, however, during my recorded interviews with family members, how much they were willing to open up to me. One point of this article is that today’s technology makes it increasingly easier to write, whether it is for our profession or to create a written family history. I am suggesting you take advantage of current technology and engage in writing about a topic that interests you. Maybe this article will provide the spark for you, now or down the road, to take on your own family history or some other pet project. There are also writing opportunities available at The Advocate. One can contribute content without making a long-term commitment. The knowledge and perspective you share can serve fellow BCBA members in many ways. For more information about writing opportunities at The Advocate, you may contact The Advocate Committee Chair Michael Barranco at mbarranco@frankdailylaw.com or Vice-Chair Tracee Fruman at tfruman@oag.state.md.us.
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PROFESSIONALISM-SMALL STEPS By Ari J. Kodeck
Civility. We talk about it. We are taught the importance of it in our profession beginning in law school, and we regularly hear judges and lawyers speak of it. We regret when it is absent between legal professionals. Without getting into the weeds of the Rules of Professional Conduct, the Code of Professionalism of the BCBA, or the Code of Civility of the MSBA, civility is concept ideally understood by all. You know it when you see it, and you know it when you don’t see it.
way towards civility and professionalism. In the courtroom setting, civility is as simple as consenting to a postponement, acknowledging the courtroom staff, and showing respect to everyone.
Small steps, baby steps, inches; use whatever euphemism that works for you. Those steps add up and create good momentum. Part of the Professionalism Committee’s mission and purpose is to promote civility and respect within the legal profession and by doing that, ensure that we maintain We live in difficult times. A pandemic, economic the respect of the public. uncertainty, injustices, protests and political divisions The Professionalism Committee, along with our have the potential to lower the stress threshold and Diversity and Inclusion Committee, are partnering bring people to a boil much faster. My grandmother, with the Maryland State Bar Association and the may she rest in peace, was chock full of wisdom and Baltimore City Bar Association to offer a program timeless sayings. One that comes to mind while that will take steps promoting the courageous and drafting this article involves steps. Small steps. Any difficult conversations that must take place within our steps. Just take the step. I recall a specific profession regarding racial inequality, and conversation with my grandmother when I was acknowledging that civility begins with introspection applying for one of my first jobs as an attorney. I felt and self-reflection. This program aims to provide a overwhelmed. Discouraged. Anxious. She said break framework for embarking on this process by the process into the smallest steps possible and start providing a safe space to engage in meaningful moving! discourse with our colleagues. Awareness is How does this apply to civility? In the workplace, a knowledge, knowledge is power and gaining that simple action such as answering a colleague’s power allows us to help others and begin the change question and mentoring those around you goes a long to a more civil existence. Stay tuned for further details and a date for this program. THE ADVOCATE Page 22 September/October 2020
BALTIMORE COUNTY LAW LIBRARY NEWS By Stephanie Levasseur
Free Legal Resources at the Law Library MSBA’s Fastcase offering has come a long way over the years and is a convenient resource. However, is Authority Check as accurate as KeyCiting or Shepardizing? You can verify it yourself at the Law Library where we offer free access to WestLaw Next and Lexis Advanced databases. You can also find popular treatises on Lexis and West such as: •
Maryland Civil (and Criminal) Jury Instructions
•
Pleading Causes of Action in Maryland
•
Federal Practice & Procedure (Wright and Miller)
•
Restatements
•
Sutherland Statutes and Statutory Construction
ADMIRALTY RECORD – annual publication of the admiralty and maritime law opinions issued by the United States Supreme Court and the United States Court of Appeals. DEVIANT BEHAVIOR – the only journal that addresses social deviance and is international and interdisciplinary in scope. JOURNAL OF FAMILY TRAUMA, CHILD CUSTODY, AND CHILD DEVELOPMENT – formerly known as the Journal of Child Custody. The journal provides access to the research and experiences of experts in the areas of family psychology and child custody among other topics.
Stop by and see what we have to offer your practice.
New Titles The following books were added to the law library collection: •
Electronically Stored Information in Maryland Courts by Paul Grimm et al.
•
How to Administer an Estate by Richard Adams et al.
•
Human Resource Law Boot Camp by Craig Ballew et al.
•
International Human Rights in a Nutshell, 5th Ed. By Dinah Shelton et al.
•
Judgment Avoidance: Exemptions and Lien Stripping by Marc Kivitz et al.
Hein Online Hein Online has added the following journals to its database to the Law Library’s subscription: THE ADVOCATE
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MVLS EXPANDS HUMAN TRAFFICKING PREVENTION PROJECT
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The Baltimore County Lawyer Referral & Information Service is fully operational. Please direct the public to call 410-337-9100 Monday—Friday from 9:00 a.m.—3:00 p.m. to be referred to a lawyer. Interested in more clients? The 2020-2021 Lawyer Referral & Information Service Panel Application is available now so please renew. If you are considering joining Lawyer Referral for the first time and have any questions, contact LRIS Coordinator, Jacob Bengel at jbengel@bcba.org. All current panel members should have received the new application via email. Remember...You can join or renew at any time!
BALTIMORE COUNTY BAR ASSOCIATION HISTORICAL COMMITTEE Do you have old photos of past Baltimore County Bar Association events and programs? We would love to have them! Please email Rachel Ruocco at rruocco@bcba.org to coordinate. Do you have a favorite memory of the Baltimore County Bar Association you would like to share? Or maybe a funny story? Email those too.
The BCBA Historical Committee is hard at work on a yearbook to commemorate the 100th Anniversary of the Baltimore County Bar Association and your photos and stories will make great additions.
THE ADVOCATE
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FAMILY LAW MEET & GREET By Wendy S. Meadows
On the evening of September 17, the Family Law Committee kicked off their bar year and held its first ever virtual Meet & Greet with the Family Law judges. Despite not being able to clink glasses and see one another in person, we had an amazing turnout of the Bench and Bar, taking up two entire Zoom screens Brady Bunch-style.
In attendance from the Bench were Judges Cavanaugh, Jakubowski, King, and Magistrates Brown, Paliath, Schenker, and Woods. Annamaria Walsh, Director of the Office of Family Mediation, also attended. So . . . other than meeting Magistrate Schenker’s cat, admiring Judge Cavanaugh’s masked wine glass, and catching a glimpse of Richard Jacob’s new look, what else did you miss? Here’s what you need to know from the Bench. Judge King gave our Bar a hearty congratulations for getting through these last four-to-five months and working with one another to resolve our cases. Judge Cavanaugh taught us that an international Zoom virtual trial is possible, as long as you follow the guidelines for labeling and preloading exhibits on MDEC. Dare we say she preferred the Zoom trial over the parties, who insisted on wearing their masks as chin straps? Magistrate Brown asked us to make sure that the following documents are downloaded to MDEC for uncontested divorces: the blue form, guidelines, submission, if applicable, and a draft Judgment of Divorce.
However, you CAN ask that these two separate causes of action be heard together. Last but not least, Judge Jakubowkski brought us up to speed on what is happening to our cases and what is going on around the courthouse. First, she made sure to give a warm thank you to the Family Bar (aka the busiest Bar during COVID) and called us “amazing” for our ability to adapt, keep up, and resolve cases. She understands the pressure that COVID has caused for our clients and is doing her best to make our jobs easier. For the foreseeable future, scheduling conferences and uncontested cases will continue to be remote. The supervised visitation center remains closed. Judge Jakubowski is doing her best to reschedule multi-day cases that have been set in late 2021 to earlier dates. There are approximately 400 cases that need to be reset due to COVID and there is the possibility that some of our retired judges will return to hear cases. If anyone wishes to appear remotely, she will most likely grant that request. If one of your witnesses would prefer to appear remotely, she will likely grant that request. The goal is to prevent people from coming to the courthouse unnecessarily. We ended with a toast in the comfort of our homes. While we certainly all missed seeing each other in person, the Zoom happy hour was enjoyed by most and we are looking forward to a more informal happy hour to happen again soon!
Magistrate Schenker asks that you learn how to use your mute and unmute buttons. Magistrate Paliath asks that you be punctual and that you have your cameras on so that he can see your bright, shiny faces. Magistrate Woods is also impressed with our Bar and reminded herself not to forget what it was like when she was in our shoes, running a family law practice. She also reminded us that you cannot “merge” a contempt and modification action into one pleading. THE ADVOCATE
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TECHNOLOGY COMMITTEE: WE DIDN’T BREAK THE INTERNET By Scott H. Stevens
We didn’t break it. The global pandemic forced the world to adjust to new ways of doing business and new methods of learning, courts included. Though processes may have slowed considerably at first, the Maryland Judiciary never completely stopped. Neither have our members. We adapted and adopted new ways of safely reaching out to clients and interacting with the courts. MDEC, just barely a year old for Baltimore County courts, helped maintain a continuity of service. Furthermore, we quickly learned how to use video conferencing methods as easily as using a phone. Well, a “smart” phone anyway. This isn’t to say it’s been easy and went smoothly. There have been glitches along the way. The dangers of open mics amplified when video cams were inadvertently left live. This led to a few embarrassing moments that made national headlines. It also led some manufacturers to put prominent video camera kill switches on their laptops.
WELCOME NEW MEMBERS! 1st Year
Valerie E. Taylor 2-5 Years Lindsay Bramble 6-plus years Justin Michael Hollimon Zebulan Philip Snyder
The Technology Committee can help minimize these unfortunate incidents. We are here to help the Bar Association’s mission as well as its members. While it’s easy to assume that everyone these days is comfortable and familiar with technology since it’s so pervasive, this isn’t the case. Not every firm has the time, staff, or contacts to make effective use or even be aware of the technological tools available to them. To that end, we’ll start the new year off with two programs in the coming weeks: Creating the 21st Century Law Office Video Conferencing Tools and Tips Please keep an eye out for further information. As the Courts begin Phase V, don’t expect things to go back to the way they were. Everyone who attended the Circuit Court Town Hall on Sept. 29th knows that remote hearings have been a boon in certain situations and boosted participation rate. Expect them to continue. Video conferencing is here to stay. And this is truly a good thing. It provides ways to interact with clients, potential clients and the courts in ways that promote access to justice for people who cannot fit their lives into an 8:30a-4:30p model. If, even after 6 months of quarantine and social distancing, this technology shift still sounds daunting, then don’t forget that the Technology Committee is here for you. Let us know how we can help you. Meanwhile, marvel at the fact that on a dime the world moved a significant amount of interaction online. And we didn’t break the internet.
Government/Non-Profit James Richard Dills Anthony Stewart Lyons
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JEOPARDY: ORPHANS’ COURT STYLE By Brittany L. Stouffer
Orphans’ Court Judge for Baltimore County who noted, “it was great connecting with members of the Estates & Trusts Bar, especially during these trying times when we all cannot get together like we usually do.” His team included attorneys Michael Stelmack and David Cole.
Name the movie in which a schoolteacher in a small southern town is standing trial for violating state law by teaching the theory of evolution…If you guessed “Inherit the Wind,” then congratulations! You know a bit of movie trivia just like Jeopardy Contestant and Champion, the Honorable Juliet Fisher and her team. On September 24, Judge Fisher, Orphans’ Court Judge for Baltimore County, led her team, which included, attorneys Melissa Paddy, Stacie Rogers, and Chester Hobbs to victory in not one, but two, Jeopardy games. Graciously joining the Jeopardy game that evening was the Honorable Derek Hopkins, Register of Wills for Harford County. Chair of the Estates and Trusts Committee, Britt Stouffer, hosted the Jeopardy night virtually through Zoom. Each judge was randomly assigned teammates from the roster of attorneys on the Estates and Trusts membership. The teammates assisted their lead judge by typing answers to the questions asked. The Honorable Hopkins regularly and openly thanked specific attorneys on his team for their contributions and assistance with helping him answer the Jeopardy questions. His team included attorney, Angela Grau, and BCBA’s executive assistant, Amber Gaines.
The contestants and team members agreed that the Jeopardy game promoted teamwork and collegiality among lawyers and judges. The game provided everyone a chance to engage virtually with other members of the legal community. The champion, Judge Fisher, and her team won $500.00 to donate to a charity. Judge Fisher selected the SPCA and donated the gift in the name of her daughter Miranda’s beloved cat, Woozle, who died last month at age 17.
Thank you to all of the contestants, Judge Fisher, Judge Frank, and the Honorable Hopkins, and all of the members from the Estates and Trusts committee for contributing their intellect and team spirit to a night of fun! Please join the Estates and Trusts Committee for Baltimore County on October 22nd, 2020 for the SECURE Act & Retirement event. Click here!
Among the game categories, “Supreme Court Justices” and “Idioms” were the most popular. The questions were a mix of movie trivia about judges, infamous cases, and judge colloquialisms, which highlighted many of the individual teams’ strengths. A third team was led by the Honorable Arthur Frank,
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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 for advertising rates THE ADVOCATE
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Save the Date
Annual BCBA Memorial Service Will be Held Virtually Join us as we honor the following BCBA Members:
Hon. Patrick Cavanaugh Michael F. Connolly Howard B. Gerber Louis Kaplan Martin I Moylan Robert N. Winkler
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Baltimore County Bar Association
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD
100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
Member Advertisements TOWSON. Set of Maryland Reporter, Volumes 1-875 (2005) available for free. Call Neil at (443) 632-9060. CATONSVILLE. Office space available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256 TOWSON. 2536.
Nicely furnished office space with parking, half block from circuit court. Pete McDowell 410-960-
TOWSON. Furnished office available in beautifully appointed suite in the heart of Towson. Use of conference room and other amenities. Contact Susan at 410-583-7007. TOWSON. Second floor office for rent with space available for admin/secretary. On site parking with shared conference room. Email nfick@neurolaw.com or call 410-321-5000 if interested. TOWSON. Small firm in Towson looking for an experienced part-time legal assistant/secretary two to three days a week. Any experienced candidates should contact Robert Jacobson at 410-583-8883. TOWSON. 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom and kitchen on first floor, free parking space available, rent negotiable $50 to $100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-823-4214 or 410-790-1980. CATONSVILLE. Office Space for Rent. Catonsville, 1002 Frederick Road, 2nd floor office. Private entrance, semi private restroom, use of conference room and kitchen on first floor. Free parking. Would be a great satellite office. Please contact Lou Weinkam, Jr. at 410-744-3256 ext. 103. TOWSON. 309 Allegheny Avenue. 2nd floor offices with private restroom, 3 regular offices, partially furnished, 1 executive office (can be made into five offices) fully furnished. Private restroom. Tenant will have available to them a conference room, print/scan/fax center and kitchenette on 1st floor. Additionally, 2nd floor has 2 private entrances, 5 free parking spaces, and approximately 800 sq. ft. of combined dry/secure storage on 3rd floor and basement. TOWSON. Sublease available one block from courthouse. Space in excellent condition. Spacious conference rooms, 34 offices, reception area, copy/supply room, and kitchen. Sublease until August, then take on new lease. Rent negotiable. Contact towsonfirm@gmail.com to schedule a tour or get more information.
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