Advocate July 2018

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVII, NO. 1

July 2018

PRESIDENT’S MESSAGE

by Rebecca A. Fleming I would like to start my first President’s Message by saying what an honor it is to be President of the Baltimore County Bar Association. While some would say that our leadership track is too long, I can attest to the fact that my time on the Executive Council has flown by, and each year, each meeting, helped to prepare me for my tenure as the President. I appreciate all of the current and former Executive Council members that I have served with.

Each one has taught me something of value that will help to shape this coming year.

Over the last few months many people have asked me what I wanted to focus on this year, or what my theme for the year will be. The truth is the BCBA is well positioned.

While other bar associations are struggling to get and keep members, we have two thousand members and we continue to add to that number on a monthly basis. While other bar associations are struggling

financially, we came in under budget last year, and should be in great shape this year as well. We continue to fill our calendar with well attended programs and events, while other associations cancel events as the result of lack of interest. Do I feel the need to spend this year making changes just to put my stamp on this great organization? Not really.

Instead, I will focus on building on the successes of this organization. Our committees, with our bar staff, plan excellent programs and events.

Those programs and evens are the result of the hard work of our committee members, but they could use some help, and I would like to see more of these programs and events sell out. If you are reading this and you haven’t been to a committee program, the Prom, or the Holiday Party, in a few years, I encourage you to attend.

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Inside This Edition Calendar of Events Civil Law Update Committee News Court Notices District Ct Assignments Golf Tournament Judge Pilarski Investiture Judge Truffer Reception Law Library Member Ads Members News MSBA Prof. Award MSBA President Truffer Past Presidents’ Dinner Save the Date flyer Stated Meeting Orioles Game

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July 2018

PRESIDENT’S MESSAGE

by Rebecca A. Fleming If you haven’t participated in the planning of an event or program, the committees can always use more help. Now is the time to reach out to the Chair of a committee to get involved. Every committee has a planning meeting scheduled to take place sometime between now and the end of August. Many dates for programs have already been selected, and locations have been confirmed, but there are so many details involved and we can always, always use help getting the word out, and making sure our members are in attendance.

While many members are enjoying their summer vacations, and the summer lull in BCBA programming, our committees and bar staff have hit the ground running. We have been diligently working on planning the larger events for the year.

Please refer to the Save the Date Flyer that is included in his issue, which gives the dates and location of the major events for the 2018-2019 bar year. We still have more work to do, but at the time that I submitted this article and the flyer, it is not even July 1st yet, so I think we are ahead of the curve!

AFPS focuses on research, education, advocacy, and support for survivors of suicide loss and those who are affected by suicide. The recent suicides of some notable celebrities, as well as a recent hit by Alessia Cara and Khalid (the title of which is the suicide prevention hotline – 1-800-273-8255), have brought conversations about suicide to the forefront. I know that many of our members have been personally effected by suicide, including myself, and many of us come into contact with members of the community who exhibit several warning signs or risk factors associated with suicide.

I cannot move into this bar year without thanking our Executive Director, Rachel Ruocco, along with Rachel Fuller and Rae Wyatt. Their hard work behind the scenes is indispensable to the BCBA, and I appreciate the positive attitudes with which they perform their responsibilities.

I look forward to working with all of you this year.

Rebecca A. Fleming

The only BCBA event that will take place this summer is a reception to congratulate and celebrate Judge Truffer’s installation as the 2018-2019 MSBA President. The event will be sponsored by the BCBA and the Baltimore County Bar Foundation. It will take place on August 8, 2018 from 5:00 p.m. to 7:00 p.m. at The Point. If you want to attend this event, please make sure you get your rsvp to Rachel Fuller as soon as possible.

As I announced at the stated meeting, the charity that the BCBA will be partnering with for the 20182019 bar year will be the American Foundation for Suicide Prevention (AFSP). Suicide rates have risen thirty percent (30%) since 1999, and suicide is currently the tenth (10th) leading cause of death in the United States. Established in 1987, the AFSP is a voluntary health organization that gives those affected by suicide a nationwide community empowered by research, education and advocacy to take action against this leading cause of death. The THE ADVOCATE

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July 2018

C ALENDAR

2018-19 Officers President Pres-Elect Secretary Treasurer

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

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

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Craig R. Borchers, Young Lawyers Chair

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Ari J. Kodeck Committee Chair

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Professionalism Committee Planning Meeting, 4 pm, Grand Jury Room CLE Committee planning Meeting, 5pm, Grand Jury Room Advocate Committee Planning Meeting, 5pm, Grand Jury Room Real Property Committee Planning Meeting, 4:30pm, Grand Jury Room Pro Bono Committee Planning Meeting, 5 pm, Grand Jury Room Memorial Committee Planning Meeting, 5pm, Grand Jury Room Public Awareness & Speakers Committee Planning Meeting, 5pm, Grand Jury Room Membership Committee Planning Meeting, 5pm, Grand Jury Room

Adam E. Konstas Committee Vice -Chair Thomas H. Bostwick Mariela C. D’Alessio Robert K. Erdman, Jr. Justin E. Fine Bruce E. Friedman Kristine Howanski Laura C. Jenifer William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Kate Rosenblatt Kimberly K. P. Rothwell Scott D. Shellenberger Alaina L. Storie Craig Ward Laurie M. Wasserman Whitney E. Wilder 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.

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Adam T. Sampson, Immediate Past President

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Family Law Committee Planning Meeting, 4:30 pm, Grand Jury Room ADR Committee Planning Meeting, 5pm, Grand Jury Room Reception for Judge Keith Truffer, MSBA President, 5 pm, The Point, 523 York Road, Towson Criminal Law Committee Planning Meeting, 5 pm, Grand Jury Room Technology Committee Planning Meeting, 5 pm, Grand Jury Room Entertainment Committee Planning Meeting, 4:30 pm, Grand Jury Room Law Day Committee Planning Meeting, 5 pm, Grand Jury Room Orioles Night at the Yard, 7:05 pm, Flight Deck, Camden Yards Young Lawyers Committee Planning Meeting, 5 pm, Grand Jury Room

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

Publication deadline: 15th of the month preceding publication.

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July 2018

COURT NOTICES

CRIMINAL LAW PROCEDURAL CHANGE MDEC IS COMING TO BALTIMORE COUNTY The Baltimore County MDEC Kickoff was held on Friday, June 8th. The Baltimore County District Court and Circuit Court are in full preparation mode for the February 19th, 2019 Go Live Date. For assistance and advice, please visit www.courts.state.md.us/mdec.

Look for more information regarding MDEC and Baltimore County in future issues of The Advocate.

COUNTY COURT EMPLOYEES EMAIL DOMAIN CHANGE County paid employees of the Circuit Court as well as Judges and magistrates, will be converting their emails to a mdcourts.gov email domain in early August. The current emails will be in use until then.

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Effective Monday, June 18th, all bail hearings in criminal cases will be scheduled at 9:00 a.m. and will be done on the video docket before the criminal postponement judge designated for the day. Habeas corpus bail reviews will also be done by video, and generally will be set with at least three days advance notice. Since bail hearings are done by video, they cannot be held over until later in the docket.

Any request to transport a defendant to court for bail review, or any request to waive the three day advance notice policy, must be approved in advance by the Lead Criminal Judge or the Administrative Judge. Such requests will only be approved based upon a showing of good cause. These changes will NOT apply to VOP reviews or cases specially assigned to specific judges.

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July 2018

COUNTY COUNCIL UPDATE

by Thomas Bostwick 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.

On Thursday May 24, 2018, Council Chairman Julian Jones delivered the County Council’s Budget Message before a large audience in attendance in the Council Chamber, and announced the adoption of the $3.3 billion total operating budget for Fiscal Year 2019. Mr. Jones’s address initially took a somber tone as he recognized the line-of-duty death of County Police Officer Amy Caprio only days before, and paid tribute to Officer Caprio’s selflessness and her dedication to duty and public service. Mr. Jones also eulogized the passing of County Executive Kevin Kamenetz on May 10th, and honored his legacy of providing unprecedented school construction funding over the last seven years in the Schools for Our Future initiative to renovate aging schools with no central air conditioning, and to alleviate school overcrowding with the construction of new schools.

at our public schools in order to provide a safe learning environment for our children.

The Budget Message also highlighted a number of policy initiatives that have improved lives and made County government more transparent and accessible.

This includes legislation that requires County elected officials and department heads as well as registered lobbyists to undergo yearly training on the County’s Public Ethics law. In order to be sure that politics and fundraising are not part of the Comprehensive Zoning Map Process, the Council also passed a measure that formalized the long-standing practice of not allowing members of the County Council to accept campaign contributions during the yearlong zoning cycle. In order to give residents a better opportunity to participate in public hearings for projects that may affect their communities, the Council strengthened the notice requirements for public zoning hearings. The Council also passed a bipartisan bill to give residents more input into the County’s budgetary process, requiring the County Executive to hold at least two public meetings in separate geographic areas of the County prior to submitting the proposed annual budget to the County Council. Hopefully, this measure will encourage constituents to participate in the all-important budget process.

Near the conclusion of the Council’s May 24th Legislative Session, Councilman Tom Quirk moved the election of Donald I. Mohler to serve as County Executive for the remainder of the current term of office.

The motion was seconded by Councilman Marks and Mr. Mohler was elected to the office of County Executive by a unanimous vote of the Council.

Chairman Jones was also proud to state that the County has been able to achieve its Charter-mandated requirement of a balanced budget without tax increases, without any reduction in County services, and all while maintaining the County’s Triple A bond rating If you wish to read the County Council’s Budget – truly a reflection of the County’s sound fiscal prac- Message in its entirety, please visit the Council’s tices and financial management, and the County Website and scroll down to “Related Topics” on the Council’s effective oversight. This year’s budget al- right side of the page and click on the link to “Budget so includes an increase in funding for school security Message Fiscal Year 2019.”

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STATED MEETING AND PRESIDENT’S RECEPTION

by Ari J. Kodeck As outgoing President Adam Sampson called the June 21st, 2018 stated meeting to order, judges and attorneys gathered in Ceremonial Courtroom 5 to witness Becky Fleming’s installation as the 100th Baltimore County Bar Association president. After calling the meeting to order, the Minutes of the previous Stated Meeting were approved and the Treasurer’s report was presented by Jay D Miller. Outgoing chairs (and some incoming chairs) provided their respective annual reports. Robert J. Thompson then gave the MSBA Board of Governors Report.

President Sampson gave closing remarks and expressed gratitude. He recognized the past year’s charity of choice, Show your Soft Side and presented them a check for $15,000.00 due to the fundraising from the Young Lawyers’ Bull Roast, the Wines & Whiskey fundraiser, and the online Cutest Pet Contest. He invited Caroline Griffin, co founder of the charity to speak after he tendered the check. He then recognized the BCBA members with over 50 years of membership in the Association and presented those present with a 50-year pin.

Introducing the 2018-2019 Executive Council members and officers including President Fleming, now past president Sampson handed her the ceremonial gavel. After thanking her colleagues, mentors and family, President Fleming noted that she is the fifth female president and looks forward to a time when that number is no longer countable.

President Fleming recognized the new MSBA president, our own Judge Keith Truffer and the MSBA president elect, Dana Williams. She introduced her charity of choice, American Foundation for Suicide Prevention, which seemed very appropriate for the times, and recounted a story with personal ties to her choice, in this charity. At the conclusion of her remarks, President Fleming adjourned the meeting and invited the embers in attendance to the Towson Tavern for a celebratory reception and respite from the early summer heat. A special thanks to the reception sponsors, Health Quest and Turnbull, Nicholson & Sanders, P.A..

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July 2018

ROBERT K. ERDMAN RECEIVES MD BAR FOUNDATION’S EDWARD F. SHEA PROFESSIONALISM AWRD

by Kristine K. Howanski If there is a bucket list for lawyers, winning a professionalism award and being acknowledged as such by one’s peers would have to be on such a list. Rob Erdman was this year’s fortunate recipient of the Edward F. Shea, Jr. Professionalism Award for Young Lawyers at the Maryland Bar Foundation’s Annual Meeting on June 14, 2018, at Lighthouse Sound in Ocean City, Maryland. The Baltimore County Bar Association was well represented at the event, with past and incoming presidents including The Honorable Vicki Ballou-Watts, Robert Thompson, Rebecca Fleming, Michael Siri, as well as incoming MSBA President The Honorable Keith Truffer. The award was presented by Wendy Meadows, his law partner at Howanski, Meadows & Erdman, and co-sponsor (with Richard Grason VI), who exhibited just the right dash of class, humor and grace, in recounting his academic and professional credentials, accomplishments and traits that made him an exemplary candidate for the award.

serves as the North Star upon which he also operates.

And our firm and Bar Association have been all the richer for it.

In keeping with that spirit, Rob took pains to recognize his family, of which his wife, Jenny, his mother, Mary Wright, and his mother-in-law, Debbie Landsman, were proudly in attendance. His “second family” since 2009, Howanski, Meadows & Erdman, also attended in the persons of Rob, Wendy, yours truly, Craig Borchers and Sarah Grago, all with the proverbial bells on. Rob graciously took the time to acknowledge those in the firm by name in his brief remarks. He closed with the prayer of St. Ignatius, which is as good a guidepost as any for those in a service profession such as ours: “Teach me to be generous… teach me to serve as you deserve… to give and not to count the cost… to fight and not to heed the wounds… to toil and not to seek for rest… to labor and not to ask for any reward.”

For the uninitiated, Edward F. Shea, Jr., for whom the award was named, was known as the “Father of Professionalism” in setting the benchmark for exhibiting character and integrity as an attorney. All while representing his clients with the zeal to which they were entitled. Some of Mr. Shea’s family members attended the event, and Rob thus had the pleasure of connecting with Mr. Shea in spirit.

In accepting the award with his characteristic humility, Rob noted a kinship with Mr. Shea, who was a 1943 graduate of his high school alma mater, Loyola Blakefield High School, in Towson, which has as its foundation the exhortation to be “brothers… MEN for others”. While Rob graduated from Loyola Blakefield 55 years later in 1998, the mantra still THE ADVOCATE

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Photos courtesy of Patrick Tandy and the MSBA

July 2018

JUDGE KEITH TRUFFER INSTALLED AS MD STATE BAR ASSOCIATION PRESIDENT

by Craig P. Ward love and pride he shares for his family was palpable during their introduction. Those in attendance were Judge Truffer’s wife, Beth, his 91 year old mother, Alice Truffer, his sister, Alice Hofmeister, and his children, Marissa Truffer, Tyler Cole and Libby Cole.

On June 16, 2018, the Honorable Keith R. Truffer assumed the helm as the 125th President of the Maryland State Bar Association. Since joining the Maryland State Bar Association in 1983, Judge Truffer has served on 14 Boards and seven Executive Committees in addition to serving a term as Chair of the Litigation Section and on countless other MSBA sections and committees. Judge Truffer’s commitment and service to our County Bar Association is also exemplary. In fact, Judge Truffer was slated to serve as this year’s 100th President of the Baltimore County Bar Association but decided, in the best interest of the BCBA, to offer up his seat on the executive council, making room for Robert Erdman to join the BCBA executive council.

During his installation, Judge Truffer recounted his long and distinguished legal career beginning with his clerkship with Judge John Raine of the Baltimore County Circuit Court. Thereafter, His Honor spent 33 years at Royston, Mueller, McLean & Reid working and learning from great lawyers such as Dick Reid and Tom McDonough. On January 13, 2016, the then Mr. Truffer, received a call from Governor Hogan advising him that he had been appointed to the Baltimore County Circuit Court.

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During his remarks, Judge Truffer shared his agenda for the Maryland State Bar Association. In addition to the significant technological improvements now underway, there are three areas which the MSBA will direct its focus over the next year to best position itself for the years to come. First, Judge Truffer is forming a Policy Review Committee which will undertake a comprehensive review of the Maryland State Bar’s policies and practices, will conduct research into, and a comparison with, the best practices in our industry, and will recommend such changes to the bylaws as are necessary to implement these best practices. Second, the MSBA will create a Strategic Vision Committee for the long term focus and a broad vision to plot a course for the MSBA over the next five to ten years. This committee will define the MSBA’s continuing role in shaping our profession while the MSBA serves its members and the community. Third (but not last), Judge Truffer underscored the importance of the Lawyer Assistance Program to help law students, lawyers and Judges suffering from alcohol and substance abuse. Judge Truffer has done his homework relative to the various studies and statistics which demonstrate that when compared to other populations, there is a significantly higher prevalence of alcohol and substance abuse among attorneys. The MSBA will well serve its membership by aggressively addressing this important concern.

We all wish Judge Truffer great success at the helm of the MSBA.

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July 2018

INVESTITURE OF JUDGE KAREN PILARSKI

by Kate Rosenblatt On June 27, 2018, family, friends, and colleagues packed Ceremonial Courtroom Number 5 for the investiture of Karen A. Pilarski as a judge of the District Court of Maryland for Baltimore County. Administrative Judge Dorothy J. Wilson presided over the ceremony, which was filled with laughter, a few tears, and a sincere pledge from newly–robed Judge Pilarski that she will treat each individual before her bench with kindness and respect.

Following Judge Wilson’s welcome, District Court Chief Judge John P. Morrisey spoke. Noting that this is one of a few truly joyful courtroom proceedings, he summarized Judge Pilarski’s legal career thus far and voiced his confidence in her ability to shine in her new role.

Judge Pilarski obtained her degree from University of Baltimore School of Law. She was an Assistant State’s Attorney (ASA) for Baltimore County for almost 15 years, starting in the District Court Division in 2003, and working up through Juvenile and Felony Trial Team. While on Trial Team she found her area of practice - the heart-wrenching and challenging cases involving physical abuse and death of children.

She returned to the District Court, this time as Unit Chief, training new attorneys. In her position as Unit Chief, and after, as Training Director, and Arson and Burglary Division, she continued to take on those cases involving the youngest victims.

Judge Dennis M. Robinson of the Baltimore County Circuit Court moved for investiture of Judge Pilarski.

As a -long-time friend, recent appointee and even more recently re-elected judge, Judge Robinson shared humorous stories about his experience going through the judicial nominee process with Judge Pilarski. Judge Robinson spoke to Judge Pilarski’s experience serving “as the voice for many victims,” and how now she would be “the voice of the judiciary.”

Judge Robinson advised Judge Pilarski that in her new role it would be “often necessary to be firm, ofTHE ADVOCATE

ten necessary to be compassionate, and always necessary to be fair,” and stated his belief that as a judge, she will show its “possible to judge without being judgmental.”

Seconding the motion was Deputy State’s Attorney for Baltimore County John P. Cox. Through stories of Judge Pilarski’s days in the State’s Attorney’s Office, he shared his knowledge of Judge Pilarski’s free spirit, humor, and enthusiasm. He praised her work training new ASAs, asking those in the courtroom she taught “how, when, and why to try a case,” to raise their hands. He highlighted the qualities he saw Judge Pilarski possessing that would make her a good judge; humility, humanity, and compassion.

Administrative Judge Dorothy J. Wilson then granted the motion, and gave the response from the Bench. After recalling Judge Pilarski’s respect and consideration for all when she was an ASA in front of Judge Wilson, she said Judge Pilarski was joining the bench at an exciting time of change. Baltimore County Bar Association President Rebecca Fleming presented Judge Pilarski with her robe. Secretary of Appointments for Governor Hogan Christian Kavey read the commission from the Governor. With daughters Grace and Emma holding the family Bible, Judge Pilarski took the oath of office administered by Circuit Court Clerk Julie Ensor. Judge Pilarski was then robed by husband Francis Pilarski, and escorted to the bench by her daughters.

Once seated at the bench beside Administrative Judge Wilson, Judge Pilarski, in characteristic style, did not hide her happiness. Beaming from the bench, she thanked all in attendance. She told her story of finding her voice, her determination to be heard, and her earnest and heartfelt belief in kindness and respect. Finally, after a standing ovation, Judge Pilarski banged the gavel and called the court to recess.

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July 2018

INVESTITURE OF JUDGE KAREN PILARSKI

by Kate Rosenblatt

Photos Courtesy of: Kimberly Dean Photos Kimberlydeanphotos.com THE ADVOCATE

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July 2018

CIVIL LAW UPDATE

By Ceecee Paizs

Review of the Amicus Curiarum for April 2018 revealed the following civil cases of interest:

THE COURT OF APPEALS: Attorney Grievance Commission of Maryland v.

Gregory Allen Slate, Misc. Docket AG No. 5, September Term 2017, filed March 2, 2018. Opinion

by Watts, Shirley, Judge Prior to attending law school, Slate initiated a case against ABC News, Inc. and other defendants. The United States District Court for the District of Columbia granted the Defendant’s motion to dismiss for bad-faith conduct of litigation and issued a memorandum finding that Slate fabricated a document and presented it to the Court in bad faith, gave testimony at a deposition that was intentionally misleading, if not perjurious, and repeatedly attempted to abuse the discovery process. Slate appealed and the US Court of Appeals for the District of Columbia affirmed. After the appellate decision Slate applied for admission to the Bar of Maryland. He failed to reveal the existence of the court decision in his bar application, signed an affirmation under oath that all of the facts in his bar application remained true and correct, and participated in an character interview with the character committee for the board of law examiners during which he failed to reveal the existence of the decision. Any mention of the ABC case by Slate was in general terms without disclosing the substance of the findings in the Opinions. He was ultimately admitted to the Bar of MarTHE ADVOCATE

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yland. A subsequent complaint to Bar Counsel referred to the decision and when asked for a response, Slate falsely stated that he complied with MRPC 8.1 (Bar Admission) by “disclos[ing] everything necessary and more to the Character Committee during the review process. The hearing judge concluded that Slate had violated MRPC 8.1 (a), 8.1(b), 8.4(c), 8.4(d) and 8.4(a).

The Court of Appeals disbarred Slate. The Court concluded that Slate’s violation of the MRPC began with his responding “no” to the catchall Question 18 on his bar application when he should have disclosed the decision and the findings therein and continued through the application process. Further, the Court found five aggravating factors: 1) slate had a dishonest or selfish motive by concealing material information; 2) he had engaged in a pattern of dishonesty; 3) he committed multiple violations of the MRPC; 4) he refused to acknowledge the wrongful nature of his misconduct; and 5) his pattern of dishonesty demonstrated that he was likely to repeat his misconduct. The Court noted two mitigating factors of the absence of prior attorney discipline and his inexperience in the practice of law.

In the Matter of the Albert G. Aaron Living Trust, No. 21, September Term 2017, filed March 26, 2018. Opinion by Barbera, Mary Ellen, Chief Judge Mr. Aaron created a living trust into which he transferred most of his assts. He amended the Trust eleven times over four years. At the time the Trust was created, he was married to Eileen, to whom he referred to as “his wife”. After her death, he married Myrna. After his remarriage, he created the 11th Amendment to the Trust. In the original trust document, Aaron provided for the July 2018

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By Ceecee Paizs creation of a charitable foundation, provided however that if his wife survived him and the foundation was not created, the money designated for the foundation would be distributed to other beneficiaries.

He referred to Myrna as his “current wife”, so that when the Trustees sought to restate the Trust merging the eleven amendments into the original trust. They also proposed deleting the language “if my wife survives me” as a reference to Elieen as she had already died. This would result in the establishment of the foundation. Certain beneficiaries argued since he was survived by Myrna, the phrase “my wife” did not refer to Eileen and that the Trust should be distributed to the beneficiaries. The court determined that Mr. Aaron intended for the charitable foundation to be formed as he never changed the definition of “my wife” in the original trust agreement and he never referred to Myrna as “my wife”. The Court of Appeals affirmed, noting in addition that Mr. Aaron had modified the composition of the advisory board for the foundation before his death two weeks after the creation of the 11th Amendment, which dramatically increased the amount of money Myrna was to receive. This indicated an intention for the foundation to be created.

THE COURT OF SPECIAL APPEALS: Phlonda Peay v. Reginald Barnett; No. 1726, September Term 2016, filed March 29, 2018. Opinion

by Zarnoch, Judge Reginald Barnett filed a complaint against several defendants related to injuries he sustained while incarcerated in the Maryland Correctional Adjustment Center. As to defendant Peay, he provided notice of the complaint through the Department of Public Safety and Correctional Services at least four times and had a private process server serve THE ADVOCATE

the complaint at Peay’s home address, handing the complaint to Peay’s sister who answered the door and was presumed to be a co-resident by the process server. Barnett obtained a default judgment against each of the defendants including Peay and was awarded $500,000.00, jointly and severally against each defendant. Notice of the judgment was sent to each defendant, including Peay at her home address. Six years later, in response to a garnishment of her pay by Barnett for collection of the judgment, Peay filed a motion to set aside the judgment, arguing that she was not properly served as her sister did not reside at her home. The trial court held that service was improper, but denied the motion based on Peay’s failure to exercise “diligence and good faith” as required by cases applying Md. Rule 2-535(b).

The Court of Special Appeals reversed and remanded, finding that although Peay likely had actual notice of the proceedings and failed to challenge the judgment for more than six years. However, the US Supreme Court held in Ins. Corp. of Ireland, Ltd. V. Compagnie des Bauxites de Guinee, 456 U.S. 694, 706 (1982) that “[a] defendant is always free to ignore judicial proceedings, risk of a default judgment and then challenge that judgment on jurisdictional grounds in a collateral proceeding.” In Little v. Miller, 220 Md. 309 (1959), the Court of Appeals of Maryland, relying on the proposition that there can be no valid proceeding against a defendant in the absence of proper service, has allowed a challenge four years after entry of a default judgment and six years after actual knowledge of the litigation by the defaulting party. The Court of Special Appeals stated that considerations of “diligence and good faith” do not apply to “jurisdictional mistakes’ under Md. Rule 2-535(b) that would render a default judgment void.

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FAMILY LAW PROGRAM, 100 DAYS TO TRIAL

CIVIL LAW UPDATE

By Ceecee Paizs Continued from page 13 Once the circuit court determines that the issuing court exceeded either its in personam jurisdiction or its subject matter jurisdiction, the court must find the prior judgment invalid. Other caselaw, particularly in federal courts, makes it easier to find a defaulting defendant waived personal jurisdiction by his or her conduct.

The case is remanded for the court to consider whether Peay waived personal jurisdiction in this matter.

Review of the Amicus Curiarum for May 2018 revealed the following civil cases of interest: Heather Stanley Christian, M.D. v. Maternal-Fetal Medicine Associates of Maryland, LLC, et al., No. 51, September Term 2017, filed April 23, 2018.

Opinion by Green, J. Ms. Christian brought an action against MaternalFetal Associates for wrongful discharge. MaternalFetal Associates prevailed on motions and then sought attorneys’ fees of $500,000. The trial court found no substantial justification for any of the claims brought by Ms. Christian and awarded $300,000 in attorneys’ fees. Both parties timely appealed. The Court of Special Appeals affirmed the trial court’s findings of no substantial justification for the fraudulent inducement, negligent misrepresentation and wrongful termination claim, but reversed the trial court’s findings of no substantial justification with respect to the breach of contract and tortious interference with contract claims. The Court of Special Appeals remanded the case and the Court of Appeals granted certiorari.

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July 2018

PAST PRESIDENTS’ DINNER

by Robert K. Erdman, Jr. On May 16, 2018, the President-Elect (at the time of the dinner) of the Baltimore County Bar Association, Becky Fleming, and the Executive Council, hosted the Twenty-Eighth Annual Past President’s Dinner at Baltimore Country Club at Five Farms in Lutherville, Maryland. Those assembled included Past Presidents of the Baltimore County Bar Association, the current members of the Executive Council, and of course, Rachel Ruocco and Rachel Fuller.

The event began with a cocktail reception when the Past Presidents were able to reconnect with friends and colleagues and reminisce about their individual tenures at the helm. High-top tables were adorned with photographs of year’s past, illustrating that path our Association has taken over the years. Prior to dinner being served, Becky Fleming addressed those in attendance, in celebrating the gathering of a wonderful group of people, and of Immediate Past President, Adam Sampson’s, tenure. Robert J. Romadka, 1976 President of the Association, regaled those in attendance with remarks about the Bar Office opening in 1977, and the history of the Bar Association staff.

As is the tradition, all of the Past Presidents and the current Executive Council Members who were in attendance, gathered for a group photograph, which appears in The Advocate. The Past President’s Dinner is a reminder of the hard work and dedication that goes into leading the bar association. It is an opportunity to acknowledge the service of those who have led us to this point and to remember that at the core of the bar association work is a group of lawyers who enjoy both working on behalf of the association, and the people who they work with in furthering the goals of the BCBA.

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July 2018

2018 GOLF TOURNAMENT

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

Bilingual attorneys a plus. Potential for practice growth.

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

MSBA Legal Summit and Annual Meeting, BCBA Hospitality Suite

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MEMBERS NEWS THE DAILY RECORD 2018 LEADERSHIP IN LAW HONOREES AND BCBA MEMBERS Gregory Care—Brown, Goldstein & Levy, LLP Stanford Gann, Jr.—Levin & Gann, P.A. (BCBA Treasurer, 2018-19) Angela Grau—Davis, Agnor, Rapaport & Skalny, LLC Margaret Mead—Mead Law, P.A. Richard Neuworth—Lebau & Neuworth

THE DAILY RECORD 2018 LIFETIME ACHIEVEMENT HONOREES AND BCBA MEMBERS M. Natalie McSherry—Kramon & Graham Thomas Minkin—Law Offices of Peter G. Angelos, PC

Chris Jeffries Receives Maryland Defense Counsel 2017–2018 MVP Award Baltimore, MD (June 26, 2018) -- Kramon & Graham, a leading law firm providing litigation, real estate, and transactional services, announced today that trial lawyer Chris Jeffries has been named a 2017–2018 MVP of the Maryland Defense Counsel for his work as MDC Deposition Bootcamp Steering Committee Co-Chair.

Chris and other members of the steering committee were instrumental in making MDC’s inaugural Deposition Bootcamp a sold-out success. Thirty-six lawyers from 17 different law firms attended the event. Esteemed members of the bar presented on all aspects of taking and defending depositions. A panel of current and former members of the Court of Appeals, Court of Special Appeals, and Circuit Court discussed using depositions at trial, and attendees spent the afternoon taking depositions of fact and expert witnesses.

The MVP award is presented to attorneys who have gone above and beyond in making MDC a success. The award was presented at the organization’s Annual Crab Feast in June.

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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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Committee News ADR COMMITTEE

LRIS COMMITTEE

Planning Meeting, August 7, 5:00 pm, Grand Jury Room.

Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. Contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100 for more information.

ADVOCATE COMMITTEE Planning Meeting, July 5, 5:00 pm, Grand Jury Room BENCH/BAR COMMITTEE

The 2018-2019 LRIS Panel Registration and Renewal Packet is now available. Join now! Current panel members, do not forget to renew before the end of July.

This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Fred Allentoff, 443-588-0066 or fallentoff@aol.com.

CRIMINAL LAW COMMITTEE Planning Meeting, August 9, 5:00 pm, Grand Jury Room CLE COMMITTEE Planning Meeting, July 3, 5:00 pm, Grand Jury Room ENTERTAINMENT COMMITTEE

MEMBERSHIP COMMITTEE

Planning Meeting, August 22, 4:30 pm, Grand Jury Room

Planning Meeting, July 30, 5:00 pm, Grand Jury Room

ESTATES & TRUSTS COMMITTEE Planning Meeting, June 28, 5:00 pm, Grand Jury Room FAMILY LAW COMMITTEE Planning Meeting, August 6, 4:30 pm, Grand Jury Room LAW DAY COMMITTEE Planning Meeting, August 23, 5:00 pm, Grand Jury Room THE ADVOCATE

MEMORIAL COMMITTEE Planning Meeting, July 25, 5:00 pm, Grand Jury Room Please notify Rachel Ruocco at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you.

Those members who will be honored at next year’s service on November 15, 2018, at 3:30 p.m., include:

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Committee News REAL PROPERTY COMMITTEE

W. Lee Thomas Henry J. Myerberg Ellen P. Rosenberg Judge Dana M. Levitz Lawrence Melfa JR Francomano, III Kevin Kamenetz Edward Pinder

Planning Meeting, July 23, 4:30 pm, Grand Jury Room SOLO & SMALL FIRM COMMITTEE Committee Planning Meeting will be held in July or August.

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

STATE & LOCAL LAWS (SLLZ) COMMITTEE

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.

Planning Meeting, August 15, 5:00 pm, Grand Jury Room

NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE Committee Planning Meeting will be held in July or August.

PRO BONO COMMITTEE Planning Meeting, July 24, 5:00 pm, Grand Jury Room PROFESSIONALISM COMMITTEE Planning Meeting, July 2, 4:30 pm, Grand Jury Room PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Planning Meeting, July 26, 5:00 pm, Grand Jury Room

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Committee Planning Meeting will be held in July or August.

TECHONOLGY COMMITTEE

YOUNG LAWYERS COMMITTEE Planning Meeting, August 30, 5:00 pm, Grand Jury Room Holiday Lunch & Toy Drive, December 5, 12-2 pm, County Courts Building Bull & Oyster Roast, March 31, 2-6 pm, Towson American Legion

Thirsty

Third Thursdays, Various establishments in Towson, 5 p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network.

September 20 October 18 November 15 December 20 January 17 February 21 March 21 April 18 May 16 June 20

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

410-484-2088

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

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

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

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

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BALTIMORE COUNTY CIRCUIT COURT LAW LIBRARY NEWS New Titles The Law Library recently add the following titles to the collection: From The Trenches II: Mastering The Art of Preparing Witnesses by James Miller, 2017. KF 8900 .F76 Human Resource Law from A to Z by Craig Ballew, Douglas Desmarais, and Thomas Dolina, 2017. KFM 1531 .B3 The Law of Later-Life Healthcare and Decision Making by Lawrence Frolik, 2017. LLP KF 3608 .A4 .F76 Money & Divorce: The Essential Roadmap To Mastering Financial Decisions by Lili Vasileff, 2017. LLP KF 535 .V37

Helping New Litigators The Law Library is a valuable source for all litigators. Books such as the new From the Trenches II provide litigators with helpful hints and tips. Additionally, the Law library has several practice series on litigation: Maryland Practice Series Trial Handbook for Maryland Lawyers Maryland Litigation Forms and Analysis Raising the Bar: Practice Tips and Techniques for Young Maryland Lawyers Stop in and ask for them!

Cambridge University Press Journals now available on our Hein Online Database AJIL Unbound Asian Journal of Comparative Law Cambridge Quarterly of Healthcare Ethics Ecclesiastical Law Journal European Constitutional Law Review Global Constitutionalism International Annals of Criminology International Journal of Cultural Property International Journal of Law in Context International Review of Red Cross International Theory Legal Information Management Leiden Journal of International Law Legal Theory Transnational Environmental Law World Politics World Trade Review

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

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

Rosario Realty, 12202 Happy Hollow Road Cockeysville, MD 21030

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

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

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

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

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

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

TOWSON. Furnished, office with windows available for lease. Includes use of conference room, reception area, copy, scan and fax machine and internet. Paralegal/ Administrative Assistant available. Possibility of referral work. Walk to both Towson courthouses. Contact Robert Jacobson at 410-583-8883, kjpaoffice@comcast.net.

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

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

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

TOWSON. Office space available in First Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800.

TOWSON. Offices for rent in a charming and newly renovated 100-year-old building in the heart of Towson. Building offers a reception area, kitchenette, conference room, storage and free parking. Office sizes vary. Electric included and receptionist available upon request. Contact Anna at 410-494-4921 or awalsh@awalshlegal.com.

DUNDALK. DUNDALK. Awesome space available. 5 office suites available in the Holabird Building on Holabird Avenue. Conference room, lots of free street parking and receptionist. Contact Randolph Rice at 410-288-2900 or rr@ricelawmd.com for more information. For more information visit: https://ricelawmd.com/about/office-space/

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