THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXIX, NO. 2
September 2019
PRESIDENT’S MESSAGE by Hon. Michael W. Siri Each year, the BCBA selects a local charity to provide support and funding to help better our local community. With this year's charity, the Baltimore County Bar Association hopes to build a long lasting partnership which will be mutually beneficial to both organizations and our members. The selection of the Y in Central Maryland as the charity for the 2019/2020 bar year centers on the desire to strengthen our community by being a part OF the community. Per Constitution and Bylaws of the Baltimore County Bar Association, our organization ‘seeks to maintain the honor and dignity of the legal profession, cultivate understanding among our members, and promote a good relationship within our community.’ In short, our focus includes membership development, social responsibility, and service to our members.
In a similar sense, the mantra of the Y in Central Maryland contains four words: For A Better Us. A simple sentence which represents the mission-driven, charitable organization in Central Maryland dedicated to developing the full potential of every individual through programs that build a healthy spirit, mind and body for all. Committed to providing family-oriented, afforded, high quality programs to meet its three core values: childhood development, community engagement, and healthy living. For some the Y represents the local gym and a pool; however, it does more and offers more. The Y is a community center. They provide head start for pre-school students; summer camps for kids; therapeutic exercise and fitness to seniors; leadership clubs for teenagers; Continued on page 2
Inside This Edition AFSP Thanks Annual Charity Bench/Bar Update Calendar of Events Civil Law Update Committee News County Council Update Court Notices Criminal Law Update District Ct Assignments In Chambers With Member Ads Member News Portrait Committee Professionalism Williams Reception Wright Retirement
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September 2019
PRESIDENT’S MESSAGE by Hon. Michael W. Siri professional development and mentoring for adults; and charitable giving for those in need. In addition to supporting the Y, the events for this year are tailored to be a benefit to our members. You can relieve stress through the practice of yoga at the Y in Towson on September 24th. Grab a group of friends for the opportunity to win bragging rights as the smartest attorneys in Baltimore County on October 3rd at 7 West, with the proceeds going to the Y. Our annual Wine & Whiskey Fundraiser will be held at Maryvale Preparatory School, with a selection of curated wines and whiskey (and chocolate) to taste and purchase at a discounted price for BCBA members on November 14th. For those of you who want to burn some calories before feasting on Thanksgiving Day dinner, a BCBA team will participate in the Y's
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Annual Turkey Trot 5k in Towson. Finally, in December, the BCBA and the Y are partnering to provide gifts and presents to make the holidays bright for families without the necessary resources. Keep a look out for information in October if you or your firm wishes to participate. The BCBA looks forward to partnership with the Y in Central Maryland, but we need the support of our members to make the partnership work. Because, at the end of the day, we all should work For A Better Us.
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Hon. Michael W. Siri BCBA President, 2019-2020
September 2019
C ALENDAR
2019-20 Officers President Pres-Elect Secretary Treasurer
Hon. Michael W. Siri Jay D. Miller Stanford G. Gann, Jr. John G. Turnbull III
Executive Council Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle D. Siri Rebecca A. Fleming, Immediate Past President
Adam E. Konstas Committee Chair Michael S. Barranco Committee Vice-Chair
Contributing Writers Michael Barranco Kat Olbrich Cee Cee Paizs Adam Phillips Hon. Nancy M. Purpura Matt Wyman
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17. 17. 18. 23. 24. 26.
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The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 10th of the month preceding publication.
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Courts and Bar Office Closed for Labor Day H oliday Bay Year Kick-Off Party, 5pm, CVP, 19 W Pennsylvania Ave, Towson M emorial Co mmittee M eeting, 4:30pm, Grand Jury Roo m SLL Z/Real Pro perty Committees, C ZM P 2020: What to Know, 5:30pm, Vito’s Ristorante, 10249 York Rd, Cockeysville Lawyer in the Lo bby Clinic, 4:30 -6:30pm, Co unty Courts Building Historical Co mmittee M eeting, 5pm, BCBA M ezzanine Offices Ravens Tailgate Party, 10a m -1pm, Lot H, Baltimore Professiona lis m Co mmi ttee M eeting, 5pm, 210 W. Pennsylvania Ave, Ste 420, Towson Estates & Trusts Co mmittee Fall Kick -Off Party, 5pm, Towson Tavern Pro Bono Co mmittee M eeting, 5pm, Wo men’s Law Center Fa mily Law Co mmittee M eet & Greet Dinner, 6 pm, Eagle’s Nest Country Club New Law Clerk Orienta tion, 4pm, Jury Assemb ly Area Investiture Ceremony for Judge Bruce E. Friedma n, 4pm, Ceremonial Courtroo m #5 Yoga at the Y, 5pm, the Orokawa Y in Towson, 600 W. Chesa pea ke Ave Investiture Ceremony for BCBA President, Judge M ichael W. Siri, 4p m, Cere monial Courtroo m #5
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The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.
E VENTS
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10. 11. 15.
16. 17. 17. 19. 21. 22. 23. 29. 30.
ADR Co mmittee M eeting, 4:30pm, Grand Jury Roo m, County Courts Building Bar Wars Trivia Co mpetition, 5:30pm, 7 West Bistro Grille, Towson NIWC —Anato my of a PI Case Part 1, 12pm, Grand Jury Roo m Lawyer in the Lo bby Clinic, 4:30pm, Co unty Courts Building Estates & Trusts Legislative Update, 5pm, Gra nd Jury Roo m Fa mily Law -LGBTQIA Safe Spaces Training, 1 -4pm, Grand Jury Roo m Investiture Ceremony for Judge Guido Porcarelli, 4pm, Ceremonial Courtroo m #5 Technology Co mmittee M DEC Town Hall, 5pm, Grand Jury Bar Foundation M eeting, 3:30pm, Cere monial Courtroo m #5 Stated M eeting of the BCBA, 4:30pm, Ceremo nial Courtroo m #5 Pro Bono Clinic, BCPL, 9a m -12pm, 1716 M erritt Blvd, Dundalk Professiona lis m Co mmi ttee M eeting, 5pm, 210 W. Pennsylvania Ave, Ste 420, Towson Pro Bono Volunteer Appreciation Receptio n & Awards, 5pm, Pessin Katz Law, 901 Dulany Valley Rd, Towson ADR & Estates & Trusts M ovie Night -ADR in a Box, 5pm, Grand Jury Roo m CLE-Updates in Appellate Practice, 5pm, Grand Jury Roo m Retirement Party for Judge Alexander Wrig ht, Jr., 6pm, Grey Rock M ansion, 400 Grey Rock Rd, Pikesville
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September 2019
COURT NOTICES
DISTRICT COURT JUDICIAL APPOINTMENTS ANNOUNCED
DISTRICT COURT JUDICIAL INVESTITURES SCHEDULED
On July 10, Governor Larry Hogan announced the appointments of Bruce Friedman, Guido Porcarelli and Michael Siri to the District Court for Baltimore County.
Investiture Ceremony for Judge Bruce E. Friedman: Monday, September 23, 4:00 p.m., Ceremonial Courtroom #5, 400 Washington Avenue, Towson.
From the Office of the Governor, “The appointment of qualified individuals to serve across our state’s justice system is paramount to upholding our responsibilities to the people of Maryland and the rule of law,” said Governor Hogan. “I have confidence that Judges Porcarelli, Friedman, and Siri will be strong advocates for the law and will serve the citizens of Baltimore County and the State of Maryland admirably.”
Investiture Ceremony for Judge Michael W. Siri: Thursday, September 26, 4:00 p.m., Ceremonial Courtroom #5, 400 Washington Avenue, Towson.
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Investiture Ceremony for Judge Guido Porcarelli: Tuesday, October 15, 4:00 p.m., Ceremonial Courtoom #5, 400 Washington Avenue, Towson.
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September 2019
COURT NOTICES We have been asked to disseminate the following information from the Family Division of the Baltimore County Circuit Court (we apologize that some of these points are repetitious of previous messages, but the Clerk’s Office is still getting a high volume of MDEC filing issues, so hopefully we can spread the word): MDEC Filing Fees and Deficiencies: There are still a lot of deficiency notices being issued because of a failure to pay applicable filing fees and court costs when filing through MDEC. For example, unless and until you file an Entry of Appearance, MDEC will not prompt you to pay the $20 appearance fee. If you do not pay the Appearance Fee, it is the Baltimore County Clerk’s Office policy to attempt to charge the Appearance Fee, if permitted, to the filer’s MDEC registered account. This does not always work (an issue that we are investigating through JIS), and if the clerk cannot access the filer’s account, then a Deficiency Notice must be generated for the entire filing. If you are filing a new case, please remember that it is not enough just to pay the filing fee, you also must upload a separate Entry of Appearance so that MDEC will generate the additional $20.00 Appearance Fee. Names in Case Captions: A large number of deficiency notices are being issued because the names in the captions of filings are not identical to the name of the party as shown on MDEC’s Maryland Judiciary Record Search or Maryland Judiciary Case Search. For example, you will receive a deficiency notice if the caption on your filing adds a middle initial for a party and/or if a suffix of Jr., Sr., etc. is added or is missing. Please check either site to confirm that your pleadings/papers are consistent with the captions on record. “Public” vs. “Confidential” Security Classification and the Inclusion of “Restricted Information”: Generally speaking, all of our MDEC filings should be classified as "public" when completing the security field for any filing because we are not supposed to file submissions containing "any restricted information." See Md. Rule 20–201(h)(1). If restricted information is necessary to be included, you must strictly follow the provisions of Md. Rule 20– 201(h)(2) which specifically states:
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Where restricted information is necessary. If the filer believes that restricted information is necessary to be included, the filer shall (A) state the reason and a legal basis for including the restricted information, and (B) file both an unredacted version of the document, noting prominently in the caption that the document is unredacted, and a redacted version of the document that excludes the restricted information, noting prominently in the caption that the document is redacted. Please remember, the Clerk's Office must regard even the last four digits of a Social Security number as "restricted information." If there is some reason that you have to include even a portion of a Social Security number, you will have to follow this dual filing procedure, indicating in the "filing description" field that one uploaded PDF is "unredacted" (which must be filed under the confidential security setting); the other filing description will indicate "redacted" (which will be given the security classification of "public"). If these rules and procedures are not strictly followed, your submission will at least receive a deficiency notice. (Please note, this discussion about restricted information is not by any means an exhaustive list of the only times that we should be using the "confidential" selection in the security field when we file. For instance, certain financial information should be security classified as "confidential" not "public." Hopefully, we will have a report to the Bar in the near future with more nuanced information on what other types of information should be classified as “confidential”). Judgments of Absolute Divorce: The Family Division is asking that attorneys not submit proposed Judgments of Absolute Divorce through File and Serve in advance of either Judges or Magistrate’s Hearings. Apparently, some of us are pre-filing proposed Judgments in an effort to ensure that the proposed Judgments are in the system before a hearing occurs. This practice is actually causing more problems than it is solving.
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September 2019
DIGITAL MARKETING AND PROFESSIONAL CONDUCT By William F. Alcarese, Jr. Summer is winding down and the Fall is approaching. One of my many highlights of the summer was attending the MSBA’s Legal Summit and Annual Meeting in Ocean City. The Attorney Marketing and Beyond seminar moderated by Wayne M. Willoughby, Esquire was most beneficial. The esteemed panel included Lydia E. Lawless (Bar Counsel for the Attorney Grievance Commission of Maryland); Alvin I. Frederick, Esquire and Tim Bojanowski, President of Zest Social Media, LLC who presented on the topic of marketing and the rules of professional conduct that apply thereto. If you were unable to attend this program in Ocean City, the Professionalism Committee will be hosting a similar program on the evening of November 18, 2019.
Md. Rule 19-307.1 - Communications Concerning an Attorney’s Services;
The internet and social media are amazing and constantly evolving channels for attorneys to digitally market themselves and reach potential clients. But, it is fraught with significantly more perils than traditional forms of television, print and visual (billboards, buses, etc.) advertising.
The Judges and Magistrates are asking us to come to the hearings with our proposed Judgments and if the Order is signed at the conclusion of the hearing, the Judge or Magistrate will scan it into Odyssey from their portal.
Md. Rule 19-307.2 - Advertising; Md. Rule 19-307.3 - Direct Contact with Prospective Clients; and Md. Rule 19-307a.4 - Communication of Fields of Practice. Look for the flyer in the Advocate about the Professionalism Committee’s upcoming program on these issues on November 18th!
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New Co-Parenting Curriculum: The Office of Family Services has substantially revamped the curriculum for the co-parenting classes. Any attorneys who would like to attend the new classes, to see what their clients will experience, are encouraged to attend. You must call the office in order to schedule your attendance at (401) 887– 6570.
As one example, attorneys should be cautious about whether posts on the internet and social media are personal conduct or advertising, or a combination thereof. For example, are commentary or boasting of professional successes on your own personal social media considered advertising? Are they scrutinized the same in terms of marketing or advertising as if Miscellaneous Points: they were posted on your firm’s website or social On the MDEC platform do not use the “DO NOT media account? USE” button. No one is exactly sure why it is there, Moreover, attorneys need to be aware about but it isn’t for attorney use! communicating with the public through the internet and social media which may, knowingly or Please check your email and your pending items on unknowingly, develop into an attorney-client MDEC before attempting to resubmit any filings that relationship Does your website permit potential you believe may not have gone through, as the clients to submit information about their potential case courthouse has been receiving many duplicate filings. for the firm’s consideration? If so, is there visible Separate pleadings filed through MDEC should be language setting forth that the communication may not filed in separate envelopes. be privileged and confidential and shall not be deemed to create an attorney-client relationship? Do you informally engage with the general public through Very truly yours, social media or the internet? William R. Levasseur, Jr. In consideration of these issues, attorneys should be cognizant of the following Md. Rules of Professional Martha K. White Conduct:
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September 2019
BENCH/BAR UPDATE By Hon. Nancy M. Purpura The Bench/Bar Committee met on June 6, 2019. On behalf of the District Court, Judge Wilson reported that the Court has received a grant to fund two problem solving courts, an adult drug court and a mental health court. Those funds will cover the costs of positions for both a case manager and a coordinator. At the time of the meeting interviews were already underway. Lead judges for those programs are Judges Phil Tirabassi and Kim Thomas. Difficulties with the HVAC system in the Towson location have rendered the building unfit to conduct its business during the renovations. Accordingly, when the new Catonsville location opens on September 1, 2019, the Towson staff will be split and relocated to one of two buildings: the new Catonsville court building at 1 Rolling Cross Rd., 21228, and the current Catonsville location on Walker Avenue. The move is expected to take place in October, with the repairs in Towson beginning in November. It is expected that the project will take three (3) months to complete. All telephone numbers for the Catonsville location will remain unchanged. Space in the Circuit Court building will also be set aside for peace and protective order hearings. Judge Wilson has asked for patience from everyone as the court makes these transitions. On a positive note, Maria Fields advised that back-scanning of all district court files is underway so that physical files will not have to be moved to the temporary location.
On behalf of the County Office of Law, Greg Gaskins reported that Melissa Hyatt has been confirmed as the new Baltimore County Chief of Police. Magistrate Schenker offered valuable information for practitioners struggling with MDEC. She advised that the most frequent deficiency causing pleadings to be returned in family law matters is a discrepancy in the names of the parties. All pleadings filed after the initial pleading in the case must be captioned precisely the same as the initial filing or the pleading will be returned as deficient. The system does not recognize any variations in spelling. This includes middle initials. Be sure that every pleading filed matches the original pleading as to the names of the parties. John Cox filled in for Scott Schellenberger and shared that the State's Attorney's office was approved for funding for 2 much needed new employees specifically tasked to review body worn camera footage which the State must review in every case. On behalf of the Bar Foundation Judicial Portrait Committee, Harry Chase advised that they are currently working on portraits for Judges Souder and Bollinger. Finally, Alaina Storie will chair Family Law Committee for the 2019/2020 year.
On behalf of the Circuit Court, Judge Cox advised that funding has been approved for an adult drug court program in the Circuit Court. A steering committee has been formed to develop the program. Judge Nancy Purpura is the lead judge in that endeavor. The Circuit Court Clerk's Office hired six (6) new employees but are still in the process of filling vacant positions.
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September 2019
COUNTY COUNCIL UPDATE By Adam M. Phillips
Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25). The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well. At its August 3, 2019 Legislative Session, the County Council approved Bill 33-19 which authorizes the County to act as fiduciary for the Organized Crime Drug Enforcement Task Force (OCDETF) for Baltimore whose mission is to reduce violent, drug-related, and gang-related crime in the Baltimore area and surrounding region. The Bill appropriates $2,364,000 in federal funds that will be used for estimated first-year program expenses, including rent and other operating expenses. Under the U.S. Department of Justice, the Federal Bureau of Investigation operates OCDETF strike forces nationwide. The program targets high-level transnational, national, and regional criminal organizations and networks that are engaged in the illegal production or trafficking of drugs or other
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controlled substances, organized crime, drug-related violence, or the proceeds derived from such illicit activities. The Baltimore OCDETF Strike Force (BSF) was established in 2018 and includes 18 federal, state, and local law enforcement agency members to better coordinate and combine resources and efforts to reduce violent, drug-related, and gangrelated crime in the Baltimore area and surrounding region. As the fiduciary, the County will manage all financial operations of the BSF, including lease payments and operational costs. The County will then seek reimbursement for these costs from the OCDETF. Soon the County will enter into a lease at the Montgomery Park Business Center in Baltimore City so that the 18 BSF law enforcement agencies can co-locate, which will maximize the effectiveness of ongoing investigations. The County may charge an administrative fee for its fiduciary duties, and the County will receive a percentage of all assets forfeited through the BSF. **Reminder – For our land use and zoning practitioners, keep in mind that the County’s fouryear Comprehensive Zoning Map Process (CZMP) has begun. The Open Public filing period began on September 3rd and will continue through October 15th; the Planning Board/Planning Director filing period is from October 1st through October 30th; and the County Council filing period is from November 1st through November 29th. County agency review of the requested zoning change “Issues” will take place in December 2019 and January 2020. The Planning Board will conduct Public Hearings in March 2020, followed by County Council Public Hearings during the month of June 2020. This year-long process will culminate in the Council holding a Special Session to adopt the proposed Zoning Maps for each District, tentatively scheduled for Tuesday August 25, 2020.
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September 2019
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2019-20 BCBA DESGINATED CHARITY— THE Y IN CENTRAL MARYLAND
Raynard wrote this poem at the age of 15 as part of an exercise in the Y’s New Horizons II (NHII) program. NHII is a college/career readiness program serving 14-21 year olds experiencing homelessness in Baltimore County and City. Dedicated to helping youth develop social skills, build confidence and discover new interests, students receive academic and life skills support. Participants learn how to apply for college, look for a job and deal with stress. They also gain real-life work experiences as paid interns with local employers. The Y in Central Maryland has been running the NHII program for over 20 years and has recently expanded the program from summer only to year-round. NHII also includes free Y memberships for youth enrolled in the program so that they can stay connected to the Y's supportive and positive community.
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September 2019
BCBA RECEPTION FOR MSBA PRESIDENT DANA O. WILLIAMS By Michael Barranco On July 30, 2019 the Baltimore County Bar Association hosted a happy hour reception at The Point restaurant in Towson in honor of former BCBA President, Dana Williams, to celebrate his upcoming year as President of the Maryland State Bar Association. The event was very well attended by members of the bar association, including several District Court and Circuit Court Judges, as well as several members of the MSBA staff, including Executive Director, Victor Velazquez and current and past MSBA officers. President Williams thanked all in attendance for their expected support in the upcoming bar year, and briefly spoke of the importance of the MSBA to all Maryland lawyers and to him personally. President Williams also acknowledged the recent appointment of BCBA President Michael Siri to the District Court bench and urged members to support the Baltimore County Sitting Judges who will be running in 2020. BCBA President, Judge Michael Siri, noted on video posted by the MSBA the excitement and pride on the part of BCBA members stemming from the fact that our former bar president will be serving as President of the MSBA this year. Judge Siri noted the great symbiotic relationship of the BCBA and the MSBA.
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September 2019
A Note of Thanks To President Siri (his Honor), Rachel (s) and my fellow members of our venerated Baltimore County Bar Association: On Tuesday, July 30th, 2019 I was honored to be the guest of the BCBA to celebrate my recent installation as President of the Maryland State Bar Association. As a Past President of the BCBA and a longtime member of the organization and our Baltimore County legal community, it was humbling to be surrounded by so many friends and colleagues for the afternoon. I’m not sure what portion of the attendance resulted from the beverage service but either way, it was a wonderful event. Just as I did my best to competently marshal the BCBA during my year as President, my goal is to accomplish the same with the MSBA. Having the support of those from whence I came reinforces my resolve to succeed for the State organization during the upcoming year. I hope to see you all during the upcoming year. With gratitude, Dana Williams
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September 2019
CIVIL LAW UPDATE By Cee Paizs Review of the Amicus Curiarum for July 2019 revealed the following civil cases of interest: THE COURT OF APPEALS: Diane Steele v. Diamond Farms Homes, Corp., No. 59, September Term 2018, filed June 26, 2019. Opinion by Hotten, Michelle D., Judge
Review of the Amicus Curiarum for June 2019 revealed the following civil case of interest: THE COURT OF SPECIAL APPEALS: In the Matter of Robert H. Watkins, Jr., No. 2171, September Term 2017, filed May 29, 2019. Opinion by Eyler, Deborah S., Judge Robert Watkins, Jr., the decedent, died in 2014 survived by his third wife of less than two years and two adult daughters. His will and codicil were admitted to probate in Maryland and named one of the daughters as personal representative of his estate. Wife filed objections, arguing that the decedent was domiciled in Florida and thus the estate should be administered in Florida. She also filed an election to take a statutory share of the estate. After a hearing, the Orphans’ Court found that the decedent was domiciled in Maryland and that Wife was ineligible to receive any benefit from the estate because she had procured the marriage by undue influence. On appeal, Wife did not challenge the finding of undue influence but argued that the Orphans’ Court had exceeded its authority in denying her benefits. The Court of Special Appeals affirmed, finding that Wife was not entitled to any benefits of marriage based on the doctrine of unclean hands.
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Ms. Steele owned a home in the Diamond Farm development, which was subject to an approved Association’s Articles of Incorporation (April 21, 1969). Under the terms of the Association’s Declaration of covenants, Conditions and Restrictions, the Association must obtain at least two-thirds of the total votes of all classes of members voting in person or by proxy to increase annual assessments. In September 19, 2016, Ms. Steele discovered that assessment increases in 2007, 2011 and 2014 did not receive the requisite two-thirds vote of approval. As a result, Steele calculated her overpayment in assessment dues, determined that she was entitled to an offset and stopped paying her monthly assessments. The Association filed suit against Ms. Steele for the unpaid dues and the district court found in favor of Ms. Steele. The Association noted a de novo appeal to the circuit court. The circuit court found for the Association and awarded the Association $1,257.60 plus $4,200 in attorney’s fees. The circuit court held that Ms. Steele’s offset claim was precluded by laches, equitable estoppel, the general principles of waiver, ratification and acquiescence, along with the fact that she failed to plead ultra virus as required under Md. Code, Corporations and Associations §1-403. The Court of Appeals affirmed, concluding that Ms. Steele’s failure to contest the increases in the assessments in a timely fashion while accepting the benefit of membership in the Association resulted in a block of her claim based on the doctrines of laches and equitable estoppel. Further, she failed to plead
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CIVIL LAW UPDATE By Cee Cee Paizs ultra vires, meaning that the Association had operated outside of its authority when it increased the assessments in 2007, 2011 and 2014 without obtaining the approval of two thirds of the total votes of all classes of members, and therefore she cannot base her claim of an offset on that factor. John Junek v. St. Mary’s County Department of Social Services, No. 74, September Term 2018, filed June 25, 2019. Opinion by Hotten, Michelle D., Judge Mr. Junek was responsible for taking his older son to preschool and his younger son to daycare on his way to work. Mr. Junek dropped his older son off and then drove directly to work, neglecting to drop his 17month-old son at daycare. In the afternoon, when he was alerted to this fact by a call from his wife, he discovered his son unresponsive in the back seat of his parked car. His son later died. The Department of Social Services investigated and rendered a finding of “indicated child neglect” against Mr. Junek. An Administrative Law Judge affirmed, indicating that in a finding of neglect, unlike a finding of abuse, intent is not a requisite factor to sustain a finding of child neglect under Family Law Article, §5-701. Mr. Junek petitioned for judicial review and the circuit court affirmed. He appealed and thereafter the Court of Special Appeals, affirmed the finding of the circuit court.
The Court of Appeals held “that intent or scienter is not an element of child neglect under §5-701(s) of the Family Law Article’, explaining that any attempt to expand the definition of neglect to include the intent requirements is “to no avail”. Legislative review of amendments under §5-701 clearly evidences the General Assembly’s intent to differentiate between abuse and neglect.
THE COURT OF SPECIAL APPEALS: Zeynab Abdullahi v. Gianni Zanini, No 2390, September Term 2017, filed June 26, 2019. Opinion by Graeff, Kathryn Grill, Judge At the time of the granting of an absolute divorce, the circuit court granted Wife a monetary award. Wife appealed, contending that the circuit court abused its discretion in granting the monetary award, dividing marital property, declining to award her attorney’s fees and granting the absolute divorce on the ground of a one year separation rather than the ground of adultery. Husband filed a motion to dismiss the appeal based on acquiescence by Wife to the Judgment based on her acceptance of title to a car and a partial payment of the monetary award. The Court of Special Appeals affirmed in part, vacated in part and remanded for further proceedings. The Court held that the general rule that a party may not acquiesce in a judgment and accept its benefits while attacking the judgment on appeal has exceptions to the rule. One such exception exists where the judgment is “for less than the amount or short of the right claimed”. In addition, Husband had told Wife that he would not raise the acquiescence rule and therefore waived it as an argument against the appeal. The Court indicated that the trial court erred 1) in dividing accounts listed in one party’s name because that constitutes an improper transfer of ownership, 2) by considering funds as assets of a parent who was acting as a custodian of 529 college accounts for the benefit of a child, and 3) by accepting a party’s assertion of the value of an asset in a joint statement which is unsupported by the evidence put before the court.
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CIVIL LAW UPDATE By Cee Cee Paizs Further, once a spouse provides evidence of large withdrawals from bank accounts under his/her control, the burden shifted to the other spouse to show that the expenditures were appropriate, which did not occur in this case. In the present case, the circuit court did not abuse its discretion in ordering that the parties share the costs of any liens on the marital home, and any necessary repairs pending the sale of the home, at which time the proceeds would be divided equally. In the absence of the value of the pensions or an agreement by the parties, the court cannot property set one pension against the other, and the division of both pensions must be pursuant to the Bangs “as if and when” method. Margaret Shilling v. Nationwide Insurance Company, No. 1154, September Term 2017, and No 515, September Term 2018, filed June 4, 2019. Opinion by Beachley, Donald E., Judge Ms. Shilling was involved in a motor vehicle accident with an underinsured tortfeasor. On April 23, 2013, Ms. Shilling’s insurance provider, Nationwide, waived its subrogation rights against the tortfeasor and agreed to the proposed settlement to Ms. Shilling of the limits of the policy of $20,000. On February 3, 2014, Ms. Shilling signed a release whereby she accepted the $20,000 and released the tortfeasor and the tortfeasor’s insurance company. On January 26, 2015, Ms. Shilling submitted a claim for her damages in excess of $20,000 pursuant to her underinsured motorist coverage with Nationwide. On September 23, 2016, Ms. Shilling filed a complaint against Nationwide for those damages. Nationwide moved to dismiss the complaint, arguing that it was barred by the statute of limitations. The circuit court agreed with Nationwide and dismissed the action.
tortfeasors’ policy limits offer and executed a release in favor of the tortfeasor. The Court stated that this rule protects the insured/injured party’s absolute statutory option of initially bringing a contract action against the underinsured motorist carrier or of initially bringing a tort action against the tortfeasor and thereafter bringing a contract action against the underinsured motorist carrier. Review of the Amicus Curiarum for August 2019 revealed the following case of interest: THE COURT OF SPECIAL APPEALS: Darrayl John Wilson v. State of Maryland, No. 436, September Term 2018, filed July 30, 2019. Opinion by Beachley, Donald E., Judge Mr. Wilson confessed to his girlfriend that he had committed a murder. Subsequently, the girlfriend informed the police and Mr. Wilson was charged with murder. Before the trial began, Mr. Wilson attempted to marry his girlfriend so that she could invoke a spousal privilege. The State then charged defendant with “corrupt means” witness tampering and obstruction of justice for seeking to silence the girlfriend’s testimony. Mr. Wilson was convicted of these charges and appealed. The Court of Special Appeals reversed, holding that the prevailing rule throughout the country is to allow a spouse to invoke the spousal privilege regardless of the reasons for the marriage, even if the sole purpose is to silence a potential witness. Prior Maryland cases acknowledged the prevailing rule, but it is now expressly adopted. In light of adopting the prevailing rule, there can be no “corrupt means” witness tampering or obstruction of justice for simply endeavoring to invoke a legally recognized evidentiary privilege.
The Court of Special Appeals reversed, holding that the statute of limitations did not begin to run until the date the insured/injured party accepted the
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AFSP THANKS THE BCBA By Kat Olbrich September is Suicide Prevention Awareness Month and we want to take a moment to thank the Baltimore County Bar Association, its members and 2018-2019 President Rebecca Fleming for your outstanding support for the American Foundation for Suicide Prevention (AFSP) Maryland Chapter throughout the past year. Not only did you raise $26,654 for the Chapter, you also had an impact on suicide prevention efforts here in Maryland. Our team presented Talk Saves Lives, an introduction to suicide prevention, to young lawyers, judges and Bench Bar Committee members. We had the opportunity to speak to youth about suicide prevention during Civics & Law Academy events and provided suicide prevention and postvention resources to your members. Your team even walked to help raise awareness for suicide prevention and mental health in the 2018 Baltimore Out of the Darkness Walk. Most importantly, your support and donations went beyond efforts within your inner circle. We, for example, were able to provide the University of Maryland with 12,000 Lifesaver Guides, a wallet sized trifold with crisis numbers and guidelines on what to do when someone is in crisis. Once students come back from summer break, the department of student housing will hand
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them out to each of their residents. We regularly present It’s Real: College Students and Mental Health, a documentary for high school seniors and college students, at Towson University and UMBC. The film is also being shown during health classes at Anne Arundel County High Schools. The AFSP Maryland Chapter presented Talk Saves Lives and other Gate Keeper suicide prevention workshops to over 2,000 Marylanders in 2018 and were asked to train hundreds of Maryland Parole Officers on an annual basis. The list goes on and on and all of this would not have been possible without your commitment to raise funds and awareness for suicide prevention. To learn more about what the AFSP does to prevent suicide please visit our Project 20 by 2025 website, which includes a plan on how to reduce the annual suicide rate across the U.S. We hope you can join us again for the Baltimore Out of the Darkness Walk on October 6th at West Shore Park at the Inner Harbor or for any of our upcoming suicide prevention trainings.
Thank you for being a lifesaver, Kat Olbrich (Maryland Area Director) and the AFSP Maryland Board of Directors
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September 2019
IN CHAMBERS WITH THE HONORABLE ROBERT E. CAHILL By Michael S. Barranco
The Honorable Robert E. Cahill, Jr. has served as an Associate Judge of the Baltimore County Circuit Court since November 1, 2005. Prior to his elevation to the Circuit Court, Judge Cahill served as an Associate Judge on the District Court of Maryland for Baltimore County for more than five (5) years from August 24, 2000 to October 31, 2005. For the past ten (10) years, Judge Cahill has been cross- designated to hear cases, when needed, in Court of Special Appeals three judge appellate panels. Before becoming a judge he was in private practice for nearly seventeen (17) years, first as an associate attorney at Melnicove, Kaufman, Weiner and Smouse, P.A. from 1983 to 1990, and then as a Principal of Nolan, Plumhoff and Williams, Chtd. from 1990 to 2000. Judge Cahill met his wife while practicing at Nolan, Plumhoff and Williams. Judge Cahill attended Loyola High School in Towson and received his Bachelor of Arts degree (English) from the University of Maryland, College Park, where he graduated magna cum laude in 1979. Judge Cahill attended the University of Baltimore School of Law, where he received his Juris Doctor in 1982, and he was admitted to the Maryland bar the same year. For the last five (5) years Judge Cahill has served as the Judge-In-Charge of the criminal docket. This involves conducting all circuit court arraignments
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on Mondays, deciding requests for trial postponements, conducting case status conferences, presiding over hearings on requests for discharge of counsel from a case, and handling other administrative tasks which come before the Court in connection with the criminal law docket. Judge Cahill reported that the Court started a practice whereby attorneys may, but are not required, to request a status conference in advance of trial. Judge Cahill noted that with the advent of police body-worn cameras, time is needed to obtain and review the footage, and that an assessment of the footage by the defense attorney can sometimes lead to a change in the plea. One purpose of the status conferences is to allow the entry of a plea without having to wait for the trial date. Plea dockets are also heard on Wednesday and Thursday afternoons by Judge Cahill, Judge Cox, Judge Alexander and Judge Ballou-Watts. Again, Judge Cahill noted that this allows for pleas to be taken “earlier than later,” and the overall effect has been to free up judicial resources and “keep the trains running on time.” By “peeling off cases which can be settled” this keeps the docket size manageable. Over the last several years the Court has also implemented a number of changes involving the handling of jury prayers from the District Court. For cases involving law enforcement witnesses only, these are heard the next Court day beginning at 9:30AM. If civilian witnesses are involved, summons for a jury trial to occur in six (6) weeks are issued. However, the Defendant must appear on the Monday following the jury trial prayer for arraignment. Again, this allows an opportunity for pleas and monitoring of the cases. According to Judge Cahill, since implementing these new procedures, jury demands at the District Court have been reduced by a significant number. Judge Cahill believes through a variety of practice changes and innovations implemented under the leadership of
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IN CHAMBERS WITH THE HONRABLE ROBERT E. CAHILL By Michael S. Barranco Judge Cox the Court has “worked hard and worked smart” to increase the efficiency of the criminal docket.
practice.
Judge Cahill is also proud of the work which has been done by the Court with respect to implementing new bail requirements and development of “vibrant and rigorous” pre-trial release programs. For example, this could involve entry into drug treatment programs before trial and use of home monitoring technologies to ensure that defendants appear for trial and victims and the public in general are kept safe.
Favorite Restaurant(s): Schultz’s Crab House in Essex.
Judge Cahill’s advice to young lawyers is to establish a proper relationship with clients early in the representation process. Judge Cahill notes that first impressions are important, and a lawyer must start the attorney/client relationship off on a proper footing. This involves the lawyer being assertive as someone worthy of respect and deference, impressing upon the client that the lawyer has the education, training and experience to properly advise the client. Judge Cahill observed that he has seen over the course of serving as a judge the past nineteen (19) years a deterioration in the trust and respect that clients afford to their lawyers, and an erosion in the degree of control that attorneys have over their clients, and this leads to numerous problems over the life of a case. “You are not your client’s boss, but you need to be respected.” When asked if he misses anything about private practice, Judge Cahill joked that he does not miss time sheets, but stated that he does miss having law partners. Judge Cahill was quick to point out that he enjoys a very good relationship with his colleagues on the bench and greatly appreciates all of the Court’s support staff. However, the nature of a judge’s job is such that interactions with other people are different than those among lawyers practicing together in a law firm. He looks back fondly at the many lifetime friendships developed during his years in private
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Editor's Note: Each judge profiled is asked a set of questions. Judge Cahill’s answers are as follows:
Pet Peeve: interrupt.
Attorneys
or
litigants
who
Favorite Sports Team(s): Maryland Terrapins and Penn State Nittany Lions Favorite Ice Cream Flavor: Cherry Garcia Favorite type of music or Artist: Everything from country to R&B and all types of music in between. Station on your car radio right now: Music mix on old fashion iPod. Guilty pleasure: Re-runs of The Sopranos and The Wire. Favorite Poor.
Charity:
Little
Sisters
of
the
Favorite Book: Trinity by Leon Uris. Favorite movie: The Godfather 2. Travel destination still on bucket list: Ireland (hopes to attend Notre Dame/Navy game in Dublin next year). If you could meet one person, living or dead, who would you want to meet? Muhammad Ali and Joe Frazier together. If you had not gone into the law,
what profession would you choose? Golf course agronomist. Members of the Baltimore County Bar who have passed he misses the most: His father (Honorable Robert E. Cahill, Sr.), Honorable A. Gordon Boone, Jr. and Honorable John G. Turnbull, II.
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CRIMINAL LAW UPDATE By Matt Wyman Gerald Hyman v. State of Maryland, No. 18, September Term 2018, filed May 20, 2019. Opinion by Barbera, C.J.
There were several criminal cases decided by the appellate courts in recent months. Some of the more relevant cases were reported and summarized in the June and July Amicus Curiarum. In Re. G.R., No. 32, September Term 2018, filed April 1, 2019. Opinion by Getty, J. G.R. was adjudicated delinquent in the Prince George’s County Juvenile Court. He was alleged to have taken several items from the victim, including a key ring with keys to the victim’s house, and two relative’s homes. When G.R. was processed, the keys were not placed into evidence, or returned to the victim. They were mistakenly inventoried with G.R.’s property. Because the keys had not been returned, and the victim did not know who had them, the family had all three locks re-keyed. At disposition, G.R. was ordered to pay $65 in restitution for 1/3 of the cost (with codefendants) to re-key the locks. The Court of Special Appeals reversed the decision, stating that the cost of rekeying the locks were not a direct result of the underlying robbery. The State appealed to the Court of Appeals. Yep, both sides of the aisle spent a whole lot of time and money arguing over this $65. Ultimately, the Court of Appeals ruled that G.R. would have to pay restitution. The court held that losing possession of the keys severely diminished the value of the locks and the security they were meant to provide. Also, because the keys being inventoried was not due to any action on the part of the victim, he had no control of how to get those keys back.
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Hyman plead guilty to third degree sex offense and was sentenced to three years’ probation. He was required to register as a sex offender for life, but at the time he was told he would have to register for ten years. There was an intermediate appeal which was dismissed. In 2016 Hyman filed a coram nobis alleging ineffective assistance of counsel because he was not informed that his registration period would be lifetime, but rather ten years. The court held that his plea was not prejudiced however because he ultimately received only probation on a charge that could have carried over twenty years in prison. The Court of Special Appeals affirmed this denial stating that Hyman was advised he would have to register on the record as part of his plea, and he could not demonstrate his plea was not voluntarily given. The Court of Appeals affirmed on other grounds as well. Since the issue was not raised on the first appeal Hyman filed, it was considered waived. State of Maryland v. Mark Edward Christian II, No. 68, September Term 2018, filed May 17, 2019. Opinion by Barbera, C.J. Christian was found guilty of the murder of Robert Hemphill in 2012. Christian filed for post-conviction relief in 2016 alleging that his attorney failed to object to Unger instructions given to the jury. The transcript reflected that the Judge instructed the Jury that they were to be the Judge of the law and the facts, clearly an inappropriate instruction. The State filed a motion to reconsider. The State alleged that the Judge gave the proper instruction, but that the court reporter used boilerplate language from an earlier trial. They alleged that the Judge was willing to sign an affidavit to that effect. The State
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CRIMINAL LAW UPDATE By Matt Wyman filed a motion to correct the record with the signed affidavit. The Court of Appeals remanded the case to the sentencing court for further review. The affidavit alone would not be sufficient as it would strip the Defendant of his only argument for post-conviction relief, but the State was permitted to seek more facts to prove that the improper instruction was not given.
David Andrew Hartless v. State of Maryland, No. 123, September Term 2017, filed May 30, 2019. Opinion by Berger, J. Hartless was convicted of first degree murder and related charges at 17 years of age. He was sentenced to life in prison. Following the Supreme Court’s Decision in Miller v. Alabama, 567 U.S. 460 (2012), which forbade life without parole for juvenile offenders, Hartless filed a motion to correct an illegal sentence alleging that Miller applied retroactively.
Hartless appealed and the appeal was stayed pending the Court’s decisions in related cases to determine whether a life sentence constituted “life without parole.” The Court of Appeals held in those matters that because the laws governing parole offer an offender a meaningful opportunity to obtain release, they are not tantamount to life without parole sentences. Hartless also alleged that he was entitled to an individualized sentencing hearing which took his youth and the circumstances into consideration. The Court held that Hartless is not entitled to such a hearing because he was sentenced to life with the possibility of parole. Malik Small v. State of Maryland, No. 19, September Term 2018, filed June 24, 2019. Opinion by Greene, J. Small was alleged to have robbed Ellis Lee at a bus stop in Baltimore City. Small was identified by Lee through a photographic array. The array was put
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together in part based on a description of a tattoo on Small’s neck. The first photo array that Lee was shown included only Small with a visible neck tattoo. Lee identified Small in that photo array. The Detective compiled a second photo array, this time with front and side facing photographs. All of the fillers in the second array had neck tattoos, but only Small and one other had one with visible letters as Lee described. Further, only Small was included in both arrays, with different fillers. Lee again identified Small. Small moved to suppress the photo array and was denied. He appealed the matter to the Court of Special Appeals which affirmed. The Court of Appeals also affirmed the decision to allow the photo array into evidence. The State bore the burden of showing, by clear and convincing evidence, that the identification was reliable based on the witnesses degree of certainty, his description, and the degree of attention paid. While the identification procedure was not flawless, Lee’s identification had a sufficient indicia of reliability that a court could properly admit it into evidence. He identified him shortly after the crime, and in part because of the unique tattoo. In light of the suggestive nature of the procedure, his identification was still reliable. State of Maryland v. Nicholas Heath, No. 36, September Term 2018, filed June 28, 2019. Opinion by Greene, J. Heath was convicted of the murder of Tom Malinsky while he worked security at the Ottobar in Baltimore City. During his trial, the defense sought to exclude part of Heath’s statement where he referred to selling drugs at the bar the night of the murder. The Court ruled prior to trial that the portion of the statement was overly prejudicial and would be excluded.
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CRIMINAL LAW UPDATE By Matt Wyman During opening statements, defense counsel referred to Heath going to the bar that night to listen to music, and for his love of music and because of his tattoo business. The State then sought to introduce the damning portion of the statement, arguing that counsel had “opened the door.” The court permitted the statement to be played into evidence.
Save the Date
Young Lawyers’ Holiday Lunch & Toy & Book Drive Wednesday, December 4, 2019
Heath appealed, arguing that he did not open the door, and that the response unfairly prejudiced him. The Court of Special appeals reversed the trial court, and the Court of Appeals affirmed that decision. The court held that counsel did not open the door first because the mention of why he was there in opening statements was legally irrelevant. Further, the evidence was not a proportionate response to the alleged error. A jury was much more likely to convict Heath, or be otherwise prejudiced against his case if they knew he was dealing drugs at the location on the night of the murder.
Ground Floor Lobby, Circuit Court Building $10 or a new, unwrapped toy or book to be donated to CASA of Baltimore County.
Save the Date! Wine & Whiskey Fundraiser to
benefit The Y in Central Maryland Thursday, November 14, 2019 6-9 p.m. Maryvale Preparatory School
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THE Y TURKEY TROT CHARITY 5K Held bright and early on Thanksgiving morning at seven different locations across central Maryland, the Y Turkey Trot Charity 5K is a healthy, familyfriendly tradition that raises money for children and families in the local community. Open to individuals of all ages and abilities, everyone (including your pooch!) is invited to walk, run or
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leisurely stroll the 3.1-mile course and soak in the exciting and feel-good vibes of the day! The Y Turkey Trot Charity 5K reminds us what Thanksgiving is about: appreciating our good fortune, bonding with friends and family and reaching beyond ourselves to help others. Register yourself or a team today at ymdturkeytrot.org
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Class A office space available to share in Towson.
May 27, 2020
1122 Kenilworth Drive. 700 sq. ft. suite is divided into 3 offices and a common area. One office is 120 sq. ft. with a window and will rent for $750/mos. One office is 80 sq. ft. with no window and will rent for $350/mos. Included in rent is: Wifi, copier, access to postage meter, fax line, plentiful free parking and some furniture if needed.
Eagle’s Nest Country Club
Call Craig at 410-825-0612
GOLF TOURNAMENT
Phoenix, MD
Holiday Party
Thursday, December 5, 2019
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September 2019
Lawyer in the Lobby Clinic Wednesday, September 11 4:30—6:30 p.m. County Courts Building, 1st Floor, 401 Bosley Ave, Towson Lawyer in the Lobby is held the 2nd Wednesday of every month. Walk-ins are assisted in General Civil and Family Law matters. If you are interested in volunteering, please contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100. Thank you to our volunteers for September:
Keith Franz Richard Lebovitz James Nolan, Jr. E. David Silverberg
The 2019-2020 Lawyer Referral & Information Service Panel Application is now available. Contact Rae Wyatt at rwyatt@bcba.org if you are interested in participating in Lawyer Referral. All current panel members will receive the new application via email. CLICK HERE for panel application, rules, and minimum qualifications. Do you practice the following areas of law? Would you like more clients? If so— Lawyer Referral needs you! Civil Rights (includes Abuse of Power, Americans with Disabilities Act, False Imprisonment, HIPPA violations, Other Human Rights/discrimination) Consumer Law (includes Class Action, Credit Problems, Identity Theft, Lemon Law, Repossessions, Warranties) Intellectual Property Patent, Trademark)
(includes
Copyyright,
Immigration Tax Law
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September 2019
Committee News PLEASE
VISIT WWW.BCBA.ORG TO REGISTER FOR ANY EVENTS LISTED WATCH YOUR INBOX AS EMAILS REGARDING COMMITTEE PLANNING MEETINGS WILL BE SENT SOON. WE WELCOME ALL IDEAS FOR PROGRAMS AND EVENTS!
ADR COMMITTEE October 2, Committee Meeting, 4:30pm, Grand Jury Room October 23, ‘ADR in a Box’-A Night at the Movies, Grand Jury Room, 5:00 p.m. February 3, Committee Meeting, 4:30pm, Grand Jury Room February 19, Joint Dinner Program with Family Law Committee, 6pm March 5, 2-Hour Mediation Training, 4:30pm, Grand Jury Room ADVOCATE COMMITTEE Please submit any ideas for articles to Rachel Ruocco at rruocco@bcba.org or Adam Konstas at akonstas@pklaw.com
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 Chris Nicholson, 410-339-4100 or cnicholson@tnsfamilylaw.com. CRIMINAL LAW COMMITTEE Stay tuned for more programming information CLE COMMITTEE October 29, Appellate Decision Overview, 5pm, Grand Jury Room March 31, Bar Complaints –How to avoid them and What to Do When You Receive One, 5pm, Grand Jury Room ENTERTAINMENT COMMITTEE September 15, Ravens Tailgate Party, 10am-1pm, Lot H, Baltimore November 14, Wine & Whiskey Fundraiser, 6-9pm, Maryvale December 5, Holiday Party, 5pm, Towson Tavern
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ESTATES & TRUSTS COMMITTEE September 17, Fall Kick-Off Party, 5-7pm, Towson Tavern October 10, Legislative Update from Register of Wills, 5pm, Grand Jury Room November 20, Elective Share Background, 5pm, Grand Jury Room January 15, Custody vs. Guardianship Joint Program with Family Law Committee, 12pm, location TBD February 13, Ethical Considerations, 5pm, Grand Jury Room April 21, Panel on Elective Share, 5pm, Grand Jury Room May 20, Annual Dinner, 5:15pm, Country Club of Maryland FAMILY LAW COMMITTEE September 17, Meet & Greet Dinner, 6pm, Eagle’s Nest Country Club November 12, Extraordinary Medical Expenses, 6pm, Woodholme Country Club December 3, Dealing with Healthcare Professionals, 12pm, Grand Jury Room January 15, Joint Program with Estates & Trusts Committee, 12pm, PK Law January 23, Our Family Wizard, 12pm, Grand Jury Room February 19, Joint Program with Family Law Committee on Mediation, 6pm, Vito’s March 25, SOLDIER-Working with Emotional Clients, 6pm, Country Club of MD April, Multi-Jurisdictional Dinner, 6pm, Woodholme Country Club May 14, Case Law & Legislative Update & Happy Hour, 4:30pm
HISTORICAL COMMITTEE October 11, Committee Meeting, 5pm, BCBA Mezzanine Level If you are interested in taking part in the planning of our 100th Anniversary Celebration, please contact Matt Nelson at mnelson@tydingslaw.com. LAW DAY COMMITTEE Law Day theme for 2020 is Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100. May 1, Law Day Breakfast, 7:30am, Martin’s Valley Mansion
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Committee News May 1, Law Day Noon Ceremony, 12pm, Ceremonial Courtroom #5 LRIS COMMITTEE The 2019-2020 LRIS Panel Registration and Renewal Packet can be found HERE. Contact Rae Wyatt at rwyatt@bcba.org if you would like it emailed to you. MEMBERSHIP COMMITTEE Online Membership Application can be found here September 4, Bar Year Kick-Off Party, 5-7pm, CVP Towson September 18, Law Clerk Orientation, 4pm, Jury Assembly Area 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. BCBA members who will be honored at next year’s service on November 21, 2019 at 3:30 p.m. Howard A. Roland Jim Beach III Hon. John G. Turnbull II The reception for family, friends and BCBA members to honor and remember loved ones will be held immediately following the service. Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program. NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE September 19, Lien Resolution, 5pm October 8, Anatomy of a PI Case Lunch Series Part 1: How to Evaluate a Case/Getting the Good Client, 12pm, Grand Jury Room November 7, Anatomy of a PI Case Lunch Series Part 2: Litigation & Medical Billing, 12pm, Grand Jury Room December 3, Anatomy of a PI Case Part 3: Case Studies, 12pm, Grand Jury Room
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PRO BONO COMMITTEE Submit nominations for the Pro Bono October 19, Pro Bono Clinic, 9am-12pm, Dundalk Public Library April 4, Pro Bono Clinic, 9am-12pm, Woodlawn Public Library PROFESSIONALISM COMMITTEE September 16, Committee Meeting, 5pm, 210 W. Pennsylvania Ave, Suite 420, Towson October 21, Committee Meeting, 5pm. 210 W. Pennsylvania Ave, Suite 420, Towson November 18, Ethical Violations in Online Marketing, Advertising & Social Media, 5pm November 21, Committee Meeting, 5pm, 210 W. Pennsylvania Ave, Towson PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY November 1, Civics & Law Academy, 8:30am, Dundalk Community College December 6, Civics & Law Academy, 8:30am, Owings Mills Community College REAL PROPERTY COMMITTEE September 10, CZMP 2020 Joint Program with SLLZ Committee, 5:30pm, Vito’s April, Joint Dinner with SLLZ SOLO & SMALL FIRM COMMITTEE September 24, Yoga for Lawyers, 5pm, The Y in Towson November 19, Toolbox for Hanging Out a Shingle, 5pm, Grand Jury Room STATE & LOCAL LAWS (SLLZ) COMMITTEE September 10, CZMP 2020 Joint Program with Real Property, 5:30pm, Vito’s February, Meet & Greet with the County Council April, Joint Dinner with Real Property TECHONOLGY COMMITTEE October 16, MDEC Town Hall, 5pm, Grand Jury Room YOUNG LAWYERS COMMITTEE December 4, Holiday Party Toy Drive, 12pm, Circuit Court Gound Floor Lobby April 5, Bull & Oyster Roast & Silent Auction, 26pm, Towson American Legion
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MEMBER NEWS MVLS Executive Director, Bonnie Sullivan, to Retire; Board of Directors Names Susan Francis New ED Organization Begins Search for New Director of Program Management BALTIMORE, August 8, 2019 – Maryland Volunteer Lawyers Service (MVLS), the largest provider of pro bono civil legal services to low-income Marylanders, announced today that its executive director, Bonnie Sullivan, will retire after more than 11 years of dedicated leadership, and the organization’s current deputy director, Susan Francis, will become the new executive director. With this change in leadership, MVLS is actively seeking a new director of program management. “The board of directors expresses its sincere gratitude to Ms. Sullivan for her many years of unwavering service, her commitment to growing the reach of the organization’s legal services throughout Maryland, and her vision of creating a better life for those in need of legal services,” said E. Hutchinson Robbins, MVLS board of directors president. “Ms. Sullivan always had a broad vision for expanding access to justice – one that supported and unified the state’s other legal services organizations. Her dedication has greatly benefitted the Maryland pro bono legal community and the lives of all state residents seeking legal services.” Under Ms. Sullivan’s leadership, MVLS significantly increased its presence throughout Maryland, including increasing its funding by 56 percent, expanding its programs and services, and doubling its number of staff. Her efforts helped the organization embrace technology innovations to deliver legal services in new ways, reaching underserved Maryland communities beyond Central Maryland. Ms. Sullivan’s achievements have not gone
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unnoticed. In 2018, she was the recipient of the Maryland Legal Services Corporation’s Benjamin L. Cardin Distinguished Service Award, the Women’s Law Center of Maryland’s Access to Justice Award, and the Daily Record’s Maryland’s Most Admired CEO’s Award. She also received the Daily Record’s Maryland’s Top 100 Women Award in 2012. “It has been a true honor to lead Maryland Volunteer Lawyers Service – an organization that has touched so many lives throughout the past 38 years, including my own,” said Bonnie Sullivan. “I extend a heartfelt thank you to the MVLS board of directors, my colleagues, our volunteer lawyers and all of my legal services peers for giving me the opportunity to create a strong vision for access to justice in Maryland. With the leadership of Deputy Director Susan Francis, MVLS has expanded its community partnerships and advocacy with the goal of effecting systemic change, especially in the areas of housing and consumer law. I have confidence that under her leadership Maryland will make dramatic progress in bridging the “Justice Gap.” I plan to continue working toward these goals as an active MVLS volunteer.” Susan Francis will become the new executive director on October 1, 2019. Ms. Francis has played a pivotal role in MVLS’s current success, serving first as the organization’s foreclosure prevention project manager in 2013 and then quickly promoted to the deputy director leadership role in 2014. She brings years of nonprofit and advocacy experience to MVLS and will continue to lead MVLS’s core pro bono program as well as its consumer and housing work. “It has been a true partnership working side-by-side with Ms. Sullivan as MVLS’s deputy director. She has always put MVLS’s mission before her own needs, showing me how to selflessly lead,” commented Susan Francis. Continued on page 33
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MEMBER NEWS “I’m thrilled to grow my leadership role within the organization to continue executing on our strategic plan, which will expand our community outreach, build deeper engagement with our volunteer attorneys and uncover new strategic partnerships with state and city departments, so more Marylanders can get the help they need to create community and family stability.”
Stephen J. Nolan, of counsel with Smith, Gildea & Schmidt LLC, won the Will Ross Medal for outstanding volunteer accomplishments and impact by the American Lung Association.
Congratulations to the following BCBA Members who were recently named to the Daily Record’s 2019 Under 40 VIP List:
The Best Lawyers in American has named the following members from Kramon & Graham “Best Lawyers” in the 2020 edition of the ranking guide.
Richard Grason VI Mathew Limsky Wendy S. Meadows
John Bourgeois—for his work in Criminal Defense: White-Collar
Hon. Christian J. Miele
MVLS Awards Law Firm of the Year Award to Baltimore County Law Firm Santoni, Vocci, & Ortega, LLC
Geoffrey H. Genth—for his work in Commercial Litigation
With this award, MVLS recognizes the law firm that has provided significant services to the organization’s clients either by representing many individuals or using significant firm resources for one client. Santoni, Vocci, & Ortega, LLC, a Baltimore County firm, is being recognized for its extraordinary commitment to pro bono. Since 2017, Santoni, Vocci, & Ortega has provided pro bono legal assistance to 76 consumer cases.
David J. Shuster—for his work in Bet-theCompany Litigation, Commercial Litigation, and Litigation-Construction
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Office Available in the Heart of Towson Opportunity to own your office in Towson Core at 606 Baltimore Ave. 1,222 SF 1,302 SF. Prime location for law firms and CPA offices. On site reserved parking and public parking available. Newly renovated common area hallways, main lobby and elevators. Walking distance to Baltimore County Courts, shopping and restaurants. Close proximity to Towson University, Goucher College, GBMC, and UM St. Joseph Medical Center. Two condo suites available. Prices $183,300 to $195,300. Will consider lease. Contact Chris Smith at 410-472-3510 and csmith@trialliance.com.
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Do you have ideas for better Bar Programming? We want your input! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 with your creative, engaging ideas.
Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals
National Adoption Day
410-484-2088
Saturday, November 23 11:00am
Ceremonial Courtroom 5
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Gambling Depression Internet Addiction Marital and Family Relationships Sexual Addiction Alcohol and Drug Abuse Compulsive Spending Stress and Burnout Eating Disorders Prescription Drug Concerns Balancing Work and Family Career Concerns WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. RICHARD LYNAS, Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA
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410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969
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BCBA Committee Planning Meetings took place in June and July We want to hear from you! Your input is important to us in planning a successful Bar Year.. If you are unsure what committees you are on, contact the Bar Office at 410-337-9100 to find out.
Check the calendar at www.bcba.org/calendar/ as programs are added frequently!
Signature Sponsors The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Rachel Ruocco (410) 337-9100 or rruocco@bcba,org).
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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 for advertising rates and to place your ad.
September 2019
LAW PRACTICE FOR SALE Sole practitioner based in Columbia, active for 42 years. Focus on Estate Planning, Probate and Elder Law, some traffic/dui. Have extensive client list and many wills on file. Contact for details: lawpracticesale@aol.com
Divorce, or probating an estate. Your client has options when it comes to the real estate. Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road. Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com
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Baltimore County Bar Association
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD
100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
MEMBER ADVERTISEMENTS 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. TOWSON. Office for Rent: $990/month for one office with reception area right off the elevator. Located in Towson within walking distance to courthouse. Newly renovated and furnished. $1,200 to add an additional office connected to entire suite. Includes electric, internet and one parking space. For more information email doug@dbmcommunications.com or call 410-825-7400.
TOWSON. Three Office Spaces Available: Rent one office, four offices with reception area, or whole floor. Two blocks from circuit courthouse. Free parking. Rent and utilities are negotiable. More info at nicole@whitakerlegal.com or 410-207- 9272. TOWSON. Office sharing available. One block from Courthouse. Use of phone system, copier, fax and secretarial available. Please call Beverly at 410-296-6820. PERRY HALL/NOTTINGHAM. Real Estate Firm is hiring a title processor for residential real estate closings. Some experience in real estate closings, real estate title work and/or residential lending preferred but not required. Salary commensurate with experience; pleasant work environment. Please send resumes to Lisa Eisemann, Esq. at leisemann@mcrllaw.com , or mail to Moore, Carney, Ryan & Lattanzi, L.L.C. Attn: Lisa Eisemann; 9649 Belair Road; Suite 302; Nottingham, MD 21236
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