Advocate November 2021

Advocate

The

November 2021

Newsletter of the Baltimore County Bar Association

VOLUME XXXI, NO. 4

Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Law Firm Albers & Associates

Partner Sponsor - Law Firm Rice, Murtha & Psoras

Title Sponsor - Corporate Growth Solutions Team

Partner Sponsor - Corporate Sandy Spring Bank

Signature Sponsors - Corporate Minnesota Lawyers Mutual Multi-Specialty HealthCare Vallit Advisors

Supporter Sponsors - Corporate AbacusNext Health Quest

The President’s Message extravaganza to be held on the evening of January 27, 2022, which is not to be missed. We may need to limit the number of attendees for the Prom, so please get your tickets as early as possible to reserve your spot for this epic celebration.

Shortly before the Prom, we will have our holiday party featuring a new location to allow for sufficient spacing in a festive, rural setting. Just as we gave away 100 umbrellas with the BCBA logo at the Party in the Plaza to ward off the rain, we will have a memorable take-away from the holiday party to cherish for years to come. Be on the lookout for further details and register before space runs out.

What a great year to be a member of the Baltimore County Bar Association. Three years ago, I reported to the members at our 2018 Prom that the Historical Committee was working on a Century Album for delivery this year, as well as a Party in the Plaza to kickoff this year’s Centennial Celebrations. In September of this year, the Century Album was delivered to hundreds of members, and we celebrated our 100-year membership kickoff party in Patriot Plaza, which was an event that exceeded our expectations in terms of enthusiasm, membership and revenue.

If you have not yet received your free copy of the Century Album, please stop by the Bar Office to pick up your copy.

We will also bring copies to our events this year.

In the middle of last month, we held a Raven’s tailgate party, where we raised $500 for our charity this year, The Education Foundation, which supports Baltimore County Public School teachers so that they do not need to use their own money to educate our children. Please continue to look for ways to donate school supplies and money to this worthy cause.

Next year, after the Prom, we are planning a traditional “Field Day” . . . because everyone loves a field day! Details will follow, but this will be a new event this year for the spring. It will offer fun for everyone who wants to participate in activities, as well as for those who just want to cheer from the sidelines, while enjoying good food, friends and festivities. Of course, these events are just a few of the many other programs and events planned for the remaining eight months of this bar year.

We hope you like the new look of The Advocate highlighting our events each month. Congratulations to our Pro Bono Award Winner this year, Jo Ann Camm, Esquire, who appeared and accepted her award via Zoom at our October Stated Meeting.

Finally, in preparation for our Long Range Planning Retreat and our 5-10 Year Report, we will have a membership-wide survey later this month. Please take five minutes to complete and submit the survey with your thoughts, which are critical to a productive report to guide us into our next century.

Stay well and safe!

Our calendar is full of events and activities as we get ready for our Centennial Black Tie Banquet (a.k.a. the “Prom”), an

- Stanford G. Gann, Jr. Your 103rd President of the Baltimore County Bar Association

ATTENTION ALL BCBA MEMBERS: Be on the lookout for your 2022 annual dues invoice along with the Centennial Black Tie Banquet information.

Invoices and banquet information will be sent via email in November.

Calendar of Events

Please go to www.bcba.org and click on Calendar for an up-to-date listing of programs, events, and to register for all programs and events.

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The Advocate

November 2021

2021-22 Officers

President President-Elect Secretary Treasurer

Standford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas

Executive Council Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio Jay D. Miller, Immediate Past President Adam E. Konstas, Young Lawyers Chair

The Advocate Tracee Orlove Fruman Committee Chair Tommy Tompsett Committee Vice-Chair

Contributing Writers Andrew I. Alperstein Michael S. Barranco Jack Condliffe Katherine Davis Suzanne K. Farace Tracee Orlove Fruman Andrew P. Gross Margaret Henn Shannon Kreiner Michael P. May Wendy Meadows Mark W. Norris CeeCee Paizs Hoss Parvizian Jennifer W. Ritter Erika C. Surock Valerie E. Taylor Laurie Wasserman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law.

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

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

Publication deadline: 10th of the month preceding publication.

November 2021

Inside This Edition Ask the Trial Doctor.............................................................. 45 Bench/Bar Reports................................................................ 22 Call for Nominations for the J. Earle Plumhoff Award............ 5 Civil Law Update..................................................................... 6 Committee Reports Chambers Chat.................................................................. 16 Judicial Clerk Orientation/Happy Hour........................... 20 Termination of Alimony Upon Retirement....................... 18 Wellness Program Series..................................................... 14 What Diversity Means to Me Series................................... 17 Criminal Law Update............................................................ 10 How You Can Help Prevent an Eviction Crisis..................... 27 Lawyers Assistance................................................................... 9 Outlawing the Gay-Trans Panic Defense.............................. 12 Pro Bono Attorney of the Year Award.................................. 38 Ravens Tailgate Event............................................................ 32 Retirement Gala of the Honorable Sally C. Chester............ 34 Spotlight on the Honorable Wendy S. Epstein...................... 40 Spotlight on Law Clerks......................................................... 42 Spotlight on Vallit.................................................................. 39 Stated Meeting....................................................................... 26 Veteran’s Day Reflections and Memories.............................. 28 Wellness with Wendy.............................................................. 44 What Is Veterans’ Law........................................................... 30 The Advocate

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Court Notices November District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR

NOVEMBER 2021

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JUDGES: KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, KMT-Kimberly M. Thomas, PNT-Philip N. Tirabassi, LR- Leo Ryan, MLR-Marsha L. Russell, MTP-Michael T. Pate, SAM-Stacy A. Mayer, DJW-Dorothy J. Wilson, GJP-Guido J. Porcarelli, MWS- Michael W. Siri, BEF-Bruce E. Friedman MH-Miriam Hutchins, JBB-Josef B. Brown, SDW-Steven D. Wyman, NBS-Nancy B. Shuger, NRS-Norman R. Stone, KEM-Keith E. Mathews, GML-George M. Lipman, RAK-Ronald A. Karasic

Judges’ assignments are subject to change without further notice

Please be on the lookout for a Membership Survey. The BCBA annually seeks input from our members to prepare for our comprehensive Planning Report this bar year to enhance the good and address any concerns to help us be more successful as we proceed forward. Our goal with this important Planning Project is to implement desired changes to make the BCBA membership experience even more rewarding. If you are interested in serving on the BCBA Planning Committee or in the Planning process and the planned Retreat from which our Report will be generated, please e-mail President Gann at sgannjr@levingann.com.

We hope all members will take a few minutes to complete the survey by mid-November, as it will be invaluable as we proceed. Of course, we always welcome your feedback and support within and beyond a formal survey.

Thank you.

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The Advocate

November 2021

CALLING FOR NOMINATIONS FOR THE 2022 J. EARLE PLUMHOFF PROFESSIONALISM AWARD Professionalism is a trait that sets one stellar attorney or judge apart from another. Now is your chance to honor one of your colleagues by nominating them for this prestigious award.

The Baltimore County Bar Association is seeking nominations for the 2022 J. Earle Plumhoff Professionalism Award. Nominations are due by Tuesday, November 30, 2021. Please email your nomination using the form provided to Rachel Ruocco, rruocco@ bcba.org, with a copy to the Professionalism Committee Chair, Suzanne Farace, sfarace@fslawoffice.com. The nomination form can be found here: 1917506.pdf.

Nominations should clearly indicate your name, firm/employer, and email; the nominee’s name, firm/employer, and email; as well as a) why your nominee is qualified for this award, b) examples of your nominee’s professionalism in action, and c) any additional information that might be helpful to the selection committee.

Here are the qualifications for the award: 1. The recipient must have been a member of the Baltimore County Bar Association for at least five years.

2. He or she must have made professional contributions to Baltimore County Bar Association activities, and those contributions must have gone largely unnoticed.

3. The recipient must have high marks for integrity, dignity, and civility.

The award recipient will be recognized at the Annual Black Tie Banquet on January 27, 2022 and at the Stated Meeting on February 17, 2022.

The award is voted on by the members present at a closed special meeting of the Professionalism Committee to be held in December 2021. The applications, vote, and discussion are confidential and are not shared outside of that meeting.

The person voted upon is then submitted to the Executive Committee for approval. Once approved, the nominee will be advised and then later announced.

Thank you.

November 2021

The Advocate

Past Award Recipients Include 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2003 1984

Michael Barranco Suzanne K. Farace Hon. Vicki Ballou-Watts Dominick Garcia Carl Gold Drake Zaharris Herbert R. O’Connor III Hon. Robert J. Steinberg Robert L Hanley, Jr. Mary Roby Sanders Harris J. “Bud” George Kristine K. Howanski Christopher W. Nicholson Jennifer B. Aist Carolyn H. Thaler Hon. Keith R. Truffer Leon Berg Richard A. Reid Myles Friedman

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Court Notices Civil Law Update warranted. The Court determined that the MARPC did apply to the charges of misconduct arising in connection with the disciplinary investigation. After considering the exceptions filed by both Bar Counsel and Tatung to the hearing judge’s legal conclusions in that regard, the Court determined that Bar Counsel had failed to prove any violations of the MARPC and therefore dismissed those charges as well.

Nationstar Mortgage LLC d/b/a Mr. Cooper, et.al v. Donna Kemp, No. 43, September Term 2020, filed August 27, 2021.

Opinion by McDonald, Judge

A review of the Amicus Curiarum for September and October 2021 revealed the following civil cases of interest: THE COURT OF APPEALS: Attorney Grievance Commission of Maryland v. Celestine Tatung, Misc. Docket AG No. 14, September Term 2020, filed August 26, 2021. Opinion by Booth, J The Attorney Grievance Commission (“Commission”) filed a Petition for Disciplinary or Remedial Action, alleging that Celetine Tatung violated the Maryland Attorneys’ Rules of Professional Conduct (“MARPC”). The charges arose in connection with Tatung’s representation of two clients seeking asylum in a federal immigration proceeding in Texas.

Tatung filed a motion asserting that, pursuant to the choice of law provisions under MARPC 8.5(b), the Commission was required to apply the federal regulations that address professions conduct in immigration proceedings. The hearing judge denied the motion and concluded that Tatung violated several rules. Both Tatung and the Commission filed exceptions.

The Court of Appeals dismissed the matter, sustaining Tatung’s exception to the application of the MARPC to allegations of misconduct arising in connection with the proceedings before the federal immigration tribunal.

The Court held that the plain language of the choice of law provisions set forth in MARPC 8.5(b)(1) required the Commission to apply the federal immigration professional rules to the alleged misconduct arising in connection with the federal immigration proceeding. The Court further determined that under the facts of this case, dismissal of the charges arising from the immigration proceeding was 6

Ms. Kemp entered into a mortgage loan secured by a deed of trust on her home. The originator of the loan later assigned the loan to Fannie Mae, which contracted with Nationstar Mortgage, LLC to service the loan. When Ms. Kemp fell behind on her mortgage, Nationstar declared her to be in default and began assessing her fees for drive-by inspections of the property. Ms. Kemp, Fannie Mae and Nationstar entered into a loan modification agreement to resolve the default, but Ms. Kemp objected to the assessment of the property inspection fees. A provision in the Maryland usury Law, Section 12-121 of the Commercial Law Article prohibits a “lender” from imposing such fees. Nationstar and Fannie Mae both claimed that since Fannie Mae was the assignee of the mortgage, and Nationstar was the assignee’s agent, they were not “lenders” under the provision. Ms. Kemp filed a complaint in circuit court, also claiming that there was a violation of CL Section 12-121 and the Maryland Consumer Debt Collection Act (“MCDCA”).

The circuit court dismissed her claims. The Court of Special Appeals reversed in part and affirmed in part, determining that Nationstar and Fannie Mae were subject to CL Section 12-12. However, the COSA held that the MCDCA may not be used to challenge the “validity” of a debt, as opposed to the “methods” used to collect and that the MCDCA claim was not adequately pled.

The Court of Appeals affirmed in part and reversed in part, holding that the prohibition on charging inspection fees in CL Section 12-121 applied to an assignee of a mortgage loan, such as Fannie Mae, and a servicer, such as Nationstar.

The Court reversed the COSA’s holding that Ms. Kemp did not adequately plead the MCDCA claim, finding that after relying on Chavis v. Blibaum & Associates, P.A., a 2021 Court of Appeals case, and examining the complaint, Ms. Kemp pled all of the elements of a claim under CL Section 14-202(8).The court examined the statutory context of the usury law and determine that the term “lender” was ambiguous, but that after considering the legislative history

The Advocate

November 2021

found that the common law generally gave assignees the same rights and responsibilities as its assignor, and that therefore Fannie Mae and Nationstar were subject to CL section 12-121.

E.N. v. T.R., No. 44, September Term 2020, filed July 12, 2021. Opinion by Watts E.N., the biological mother, and D.D., the biological father of two children, lived together until 2009, when Father was incarcerated. At that time, the children resided with Mother at the home of the maternal grandmother. In 2013, Father was released from prison and began a relationship with T.R., to whom he was engaged. In 2015, Father and T.R. purchased a home together and the children began to live with them. In late 2017, Father was incarcerated again, but the children continued to live with T.R. In November 2017, while T.R. and the children were visiting the children’s paternal grandparents, E.N. arrived and sought the return of her children and after involvement of law enforcement, the children were eventually returned T.R.’s home. In February 2018, T.R. filed a complaint for custody and E.N. filed a counter-complaint for custody. The trial court found that E.N. did not consent to or foster the children’s relationship with T.R. but found that the factors set forth in Conover were satisfied and that T.R. was a de facto parent, awarding her primary physical custody of the children and joint legal custody with E.N. with tiebreaking authority to T.R. In E.N. v. T.R., 247 Md. App. 234, 252, 236 A. 3d 670, 680 (2020), the Court of Special Appeals held “that a de facto parent relationship may be established by the conduct of only on legal parent even where there are two extant legal parents and that a de facto parent has an equal fundamental constitutional right with the legal parents concerning the care, custody and control of a child.” The Court of Appeals granted E.N.’s petition for writ of certiorari.

The Court of Appeals reversed and remanded to the Court of Special Appeals with instruction to remand to the circuit court for that court to vacate the judgment awarding joint legal custody and sole physical custody to T.R. The Court held that under the first factor In re Custody of H.S.H.-K., 533 N. W. 2nd 419, 421, 435-36 (Wis 1995) which the Court of Appeals adopted in Conover v. Conover, 450 Md. 51, 85, 74, 146 A. 3d 433, 453, 446-7 (2016), for establishment of de facto parenthood, whether the biological or adoptive parent consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the childwhere there are two legal (biological or adoptive) parents, a prospective de facto parent must demonstrate that both legal parents consented to and fostered such a relationship, or that a non-consenting legal parent is unfit or exceptional November 2021

circumstances otherwise exist. The Court further held that a legal parent’s actual knowledge of and participation in the formation of a third party’s parent-like relationship with a child may occur either through the parent’s express or implied consent to and fostering of the relationship. The court concluded that so long as the consent is knowing and voluntary and would be understood by a reasonable person as indicating consent to the formation of a parent-like relationship between a third party and a child, the first factor of the de facto parent test may be satisfied. Inquiry into whether a legal parent impliedly consented to and fostered a potential de facto parent’s formation of a parent-like relationship with a child is a fact-specific inquiry to be determined on a caseby-case basis. In this case, the Court concluded that although Father may have consented to and fostered T.R.’s formation and establishment of a parent-like relationship with his and E.N.’s children, E.N. did not consent to and foster the relationship between her children and T.R. (nor did she even know T.R.) Because T.R. failed to satisfy the first factor of the H.S.H.-K. test, the circuit court erred in concluding that she was a de facto parent to the children and in granting her joint legal custody and sole physical custody.

THE COURT OF SPECIAL APPEALS: In re M.H., No. 1267, September Term 2020, filed July 2021.

Opinion by Ripken On June 10, 2020, the Department of Social Services (“DSS”) filed an emergency shelter care report and filed a child in need of assistance petition (“CINA”) on behalf of the child, referencing the facts set forth in the report. After an adjudicative hearing on the CINA petition, DSS did not present evidence and indicated that they would “submit on the report.” The hearing was continued, and at the hearing on October 20, 2020, DSS again indicated that it would “submit on the report.” Again, DSS did not present witness testimony or other evidence. The trial court found the child to be CINA and Father appealed.

The Court of Special Appeals vacated and remanded the matter, determining that under Courts and Judicial Proceedings Section 3-817(b) requires the Department of Social Services to submit evidence during a contested adjudicative hearing to support the allegations of a CINA petition. Since DSS failed to prove the allegations in the CINA petition by a preponderance of the evidence during the adjudicative hearing, the matter was remanded.

Annette Blake v David Chadwick, et. al., No 1939, September Term, 2019, filed February 26, 2021, Opinion by Moylan, J. Ms. Blake’s car overheated and broke down. After consulting

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Court Notices with her mechanic, she traveled in the same vehicle to Advance Auto Parts to buy a new radiator and was on the road towards the mechanic when her car overheated and broke down again on a road with no shoulder. Subsequently, Ms. Phillips attempted to merge into the middle lane after checking traffic, but was struck by Mr. Chadwick’s car as he moved from the left into the middle lane. Ms. Phillips car then struck Ms. Blake’s car. Ms. Blake filed suit and the circuit court held that Ms. Blake had been contributorily negligent and granted summary judgment in favor of both defendants.

The Court of Special Appeals reversed, holding that some negligence on the part of a plaintiff does not necessarily constitute contributory negligence. The Court agreed that Ms. Blake was indeed dangerously negligent, but that her negligence was not a proximate cause of the three-car collision. The Court noted that courts may apply one of two tests to determine if causation-in-fact actually exists: the “but for” test, which applies when only a single act of possible negligence is involved and the “substantial factor” test, which applies when two or more independent potentially negligent acts are involved.

In re: K.L., No. 1302, September Term 2020, filed September 1, 2021. Opinion by Eyler, D. J. K.L. was 17 and had been a CINA for ten years due to Mother’s neglect. When the child was 13, due to her assigned at birth gender of male while her gender identity was female, the juvenile court ruled, over Mother’s opposition, that the Department of Social Services could consent to the child’s receiving puberty blockers and feminizing hormones to transition physically from male to female. When she was 16, the child filed a motion to grant DSS the sole authority to consent to the filing of a petition to change her first name and her gender identity to be female. The juvenile court granted the motion over mother’s objection and she appealed. DSS filed a motion to dismiss the appeal as not taken from an appealable order.

The Court of Special Appeals held that the order was appealable under CJP Section 12-303(3)(x) which permits a party to appeal from an interlocutory order “depriving a parent … of the car and custody of his child…”. A parent whose child is CINA does not lose the fundamental constitutional right to raise the child, although that right must be balanced against the State’s interest in protecting the child from harm. Because the order in this case deprived Mother of an aspect of those rights, it is appealable. The Court went on to examine the issues in the appeal. In 2003, in In Re Heilig, the Court of Appeals held that a circuit court has the power to declare that a transgender person’s gender had “changed” from the gender of the person at birth.

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(Gender identity now is understood to be immutable once formed, and usually formed at an early age,) The General Assembly has amended the law to provide that a person may obtain a new birth certificate with a change in sex designation upon proof of treatment short of surgery, such as medical treatment to achieve physical transition. Since the juvenile court shoed that the child likely could present satisfactory proof to support her petition, that the child had identified as a gender different from her se-assigned-at-birth for many years and that Mother was not accepting of the child’s gender identity and had engaged in a long history of neglect, the court did not err nor abuse its discretion n ruling that it was in the child’s best interests to grant the DSS sole authority to consent to the filing of a petition to change name and declare gender identity on the child’s behalf.

B.O. v. S.O., No. 1202, September Term 2020, filed September 8, 2021. Opinion by Wells.

B.O. (“Aunt”) filed for custody of K, a boy born on January 18, 2017, to S.O. (“Mother”) and L.R. (“Father”), claiming that she was a de facto parent and Mother was unfit. At the time, Father was incarcerated and declined to participate in the proceedings. Aunt argued that Mother struggled with addiction and depression and was occasionally homeless.

Mother would leave K with Aunt frequently. Aunt claimed that he had lived with her for an extensive period of his short life. Mother countered that her struggles with addiction led her to place K with Aunt.

The Court of Special Appeals, citing the recent augmentation of Conover v. Conover 450 Md. 51 2016) by E.N. v. T.R. (see above case outline) stated that a third party claiming de facto parentage must prove four factors: (1) the biological or adoptive parents consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the Child, (2) the petitioner and the child lived together in the same household; (3) the petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care, education, and development, including contributing towards the child’s support, without expectation of financial compensation; and the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature. Here Aunt could not sustain her burden of proving the first factor, that Mother had consented to the establishment of a “parentlike relationship” between Aunt and K. Further, Aunt did not sustain her burden of proving that Mother was unfit, and Mother established that she had successfully received help for her addictions, including completing a residential treatment program, and sought medical help for her depression.

The Advocate

– Ceecee Paizs November 2021

Stuart Axilbund Mary Chalawsky Marissa Joelson William Kerr Richard Lynas Jay Miller Gary Miles

November 2021

saxilbund@axulbund.com chalawsky@gmail.com MJoelson@lawpga.com wlawkerr@verizon.net lynas.richard@yahoo.com JMiller@lawpga.com gary@lawhjm.com

Jose Molina

Sam Moxley

Joseph Murtha

Karen Pilarski

Bill Saltysiak Thomas Tompsett, Jr.

The Advocate

jamolinalaw@gmail.com smoxley@baltimorecountymd.gov jmurtha@mpllawyers.com karenapilarski@gmail.com wsaltysiak@gmail.com tommy.tompsett@mdlobbyist.com

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Court Notices Criminal Law Update

Spinks v. State, No. 1935, September Term 2019 As COVID-19 continues to impact the judiciary with masking requirements, travel restrictions, and mandatory quarantine following exposure, and there appears no end in sight, the Court of Special Appeals this month addressed a topic very relevant to the current criminal practice of law: the Sixth Amendment right of confrontation and the use of videoconferencing testimony at trial. Spinks v. State, No. 1935, September Term 2019.

Spinks involved the armed robbery of Oumar Sanoh on the night of February 18, 2019, in Montgomery County. By the time the matter came to trial, Mr. Sanoh had returned to his home country of Guinea after receiving a call that his mother had been hospitalized for a medical emergency.

Mr. Sanoh was prevented from returning to the United States because his visa to enter the Country had expired and it would be unlikely he would get another one having overstayed his previous visa. After an evidentiary hearing that established Mr. Sanoh’s inability to return to the U.S. legally, the Montgomery County Circuit Court held that Sanoh could testify via Skype at the trial. In affirming the trial court’s ruling to permit the use of Skype in the criminal matter, the Court of Special Appeals relied primarily on two cases, Maryland v. Craig, 497 U.S. 836 (1990), and White v. State, 223 Md. App. 353 (2015).

Maryland v. Craig, 497 U.S. 836 (1990), addressed the constitutionality of Md. Code § 9-102 of the Cts. & Jud. Proc. Article which permits a child victim of abuse to testify via closed circuit TV outside the presence of the defendant and the jury if the court finds that testifying in the courtroom would result in the child suffering serious emotional distress. The Supreme Court noted that while generally “the Confrontation Clause guarantees the defendant a face-to-face meeting with witnesses appearing before the trier of fact,” the right is not absolute. Id. at 844 (quoting Coy v. Iowa, 487 U.S. 1012, 1016 (1988)). The Court recognized that “the central concern of the Confrontation Clause is to ensure reliability of the evidence against a criminal defendant by subjecting it to rigorous testing in the context of the adversary proceeding before the trier of fact.” Craig, 497 U.S. at 845. Face-to-face confrontation ensures not only a “personal examination” (Mattox v. United States, 156 U.S. 237, 242 (1895)), but also that the witness will give his statement 1. under oath, 2. subject to crossexamination, and 3. in a way that permits the trier of fact to observe the demeanor of the witness to determine credibility. Craig, 497 U.S. at 845-846 (citing California v.

Green, 399 U.S. 149, 158 (1970)). The right to face-to-face confrontation cannot be denied absent a showing of “an important public policy and only where the reliability of the testimony is otherwise assured.” Id. at 850. Lastly, the

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Court held that the State must make an adequate showing of necessity for the exception and the trial court must make case specific findings related to the necessity and the important public policy justifying the exception. Id. at 855.

In White v. State, 223 Md. App. 353 (2015), the Court of Special Appeals applied the Craig standard to a request by the State to permit a DNA analyst to testify via twoway videoconferencing in a sexual assault cold case after the witness was medically prohibited from traveling to Maryland from Arizona to testify. The court began by recognizing that “even the most cutting-edge technology cannot wholly replace the weight of in-court testimony, for the electronic delivery of that testimony – no matter how clearly depicted and crisply heard – is isolated from the solemn atmosphere of the courtroom and compromises human connection to emotions like fear, apprehension, or confusion.” Id. at 393. After reviewing the evidence, the court held that “under the principles espoused in Craig, the Skype and WebEx two-way video conferences reliably preserved all elements of confrontation aside from physical, in-court testimony; that the denial of Appellant’s right to face-to-face confrontation was permissible under the important public policies of resolving cold cases and protecting the medical well-being of a witness; and that the courts made adequate, case-specific findings of necessity.”

Id. at 401. Of additional note in White was the cautionary advisement that “the State must demonstrate necessity –

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not simply convenience or expediency – in order to deny a defendant his right to physically confront his adversaries in a court of law.” Id. at 398. (Side note: White also contains a detailed discussion of the right to a speedy trial, another COVID generated hot topic, that may be useful in the coming months as backlogged criminal cases make their way through the system).

Returning to Spinks, the Court of Special Appeals applied the Craig/White analysis and held that “the Skype platform allowed Spinks to confront Sanoh in real time, under oath, and via a two-way platform featuring clear video and sound. Accordingly, the Skype platform preserved all of the important elements of confrontation aside from faceto-face courtroom testimony. Additionally, the denial of Spink’s right to face-to-face confrontation was permissible because public policy supports the use of such video technology to enable prosecution of violent crimes against a victim whose citizenship and immigration status prevent him from testifying in person. Finally, the trial court here made adequate, case-specific findings that the use of video technology in this case was necessary because Sanoh reasonably left the United State in response to his mother’s medical emergency, and that Sanoh could not lawfully return to Maryland to testify at trial.” Id. at 18-19.

The Advocate

– Jennifer W. Ritter

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Court Notices Affirming that LGBTQ+ Identities Do Not Constitute Provocation to Violence: Maryland Outlaws the “Gay-Trans Panic Defense” On Friday, October 1st, 2021, House Bill 231 (HB 231) became effective in Maryland. The bill was enacted on May 30th following unanimous passage in the House and Senate chambers, but notably lacking Governor Larry Hogan’s signature. HB 231 amended the criminal code at Sections 2-207 and 3-209 to prohibit a defendant from asserting “[t]he discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, or sexual orientation, whether or not accurate” as a mitigating affirmative defense to charges of murder or assault.

Readers of Maryland’s code might note that the change in language is relatively short; however, advocates for this bill recognize hard-fought progress embedded in the revised code. The “gay-trans panic defense” has been employed to mitigate charges where the defendant alleges that an LGBTQ+ victim provoked the defendant by making a non-violent sexual advance, triggered a “panic” in the defendant which diminished their culpability for violence against the victim, or caused the defendant to believe that the victim, by virtue of their LGBTQ+ identity, constituted a threat of serious bodily harm which compelled selfdefense. The affirmative defense is comparable to the “hot-blooded” defense, which argues that a defendant acted in the heat of passion and should thus be liable only for a lesser charge of manslaughter or a lower degree assault. Application of the “gay-trans panic defense” thus requires the court’s assent that discovery or perception of a victim’s sexual orientation or gender identity constitutes an adequate provocation to violence.

The National LGBTQ+ Bar notes that “panic” defenses are asserted by defendants who commit crimes against many minority groups. The availability of this defense is particularly disturbing in light of crime statistics demonstrating that LGBTQ+ individuals are especially vulnerable to hate crimes; while LGBTQ+ people make up less than six percent of the adult population in the United States, hate crimes motivated by sexual orientation and gender identity made up nearly nineteen percent of single-bias hate crimes in 2019. Testimony in favor of HB 231 poured in after its introduction by Democratic Delegate Julie Palakovich Carr. In January, support for the bill came from organizations such as ACLU Maryland, Maryland Psychological Association, Lambda Legal, the Maryland Legislative Latino Caucus, FreeState Justice, and the National LGBTQ+ Bar, among others. Many

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activists focused on protecting the dignity of LGBTQ+ Marylanders, which is served when the legislature affirmatively acknowledges and includes sexual orientation and gender identity in the criminal code among the reasons that this community has been unjustifiably targeted. The state also promotes safety within Maryland’s LGBTQ+ community by committing to its protection directly in the legal code. Some advocates highlighted the lack of trust that LGBTQ+ Marylanders have felt when crimes against this community, particularly violent crime resulting in the deaths of Black trans women, have passed without convictions. Proponents of the legislation recognize that this reform is one among many required to earn the trust of LGBTQ+ Marylanders.

Where a defendant can assert their victim’s sexual orientation or gender identity as a justification for violence committed against that victim, the criminal justice system validates the belief that LGBTQ+ people are inherently dangerous and less deserving of the state’s protection. Prohibiting the use of this defense helps to erode the fear among many LGBTQ+ Marylanders that seeking justice will be a fruitless and retraumatizing experience. HB231 follows a national trend of state legislatures prohibiting the use of the “gaytrans panic defense.”

The American Bar Association approved a resolution in 2013, introduced by the National LGBTQ+ Bar, calling for the prohibition of the defense in all states. In 2014, California was the first state to ban the defense; Maryland became the sixteenth state to pass this ban in its state legislature. Ten more state legislatures are currently considering similar legislation, including neighboring Pennsylvania, which is considering the issue for the first time this year. Anyone interested in tracking progress in state legislatures can follow along using the LGBTQ+ “Panic” Defense Legislation Map, hosted online by the National LGBTQ+ Bar. In April 2021, Senator Ed Markey and Congressman Christopher Pappas introduced The Gay and Trans Panic Defense Prohibition Act of 2021 to amend the United States code. The bill echoes the sentiment expressed in HB 231’s proponents, the American Bar Association, and the National LGBTQ+ Bar: “to end the antiquated notion that LGBTQ lives are worth less than others and to reflect modern understanding of LGBTQ individuals as equal citizens under law, gay and trans panic defenses must end.”

The Advocate

– Shannon Kreiner November 2021

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November 2021

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Committee Reports Professionalism Committee Wellness Program Series Co-Sponsored with the Family Law Committee: How to Identify Depression, Anxiety, and Other Significant Psychological Disorders, and Tips for Finding Resources for Clients, Colleagues, and Loved Ones The Professionalism and the Family Law Committees held a joint program via Zoom on September 29, 2021 on How to Identify Depression, Anxiety, and Other Significant Psychological Disorders and Tips for Finding Resources for Clients, Colleagues, and Loved Ones. Twenty-two people tuned in to hear this very important and interesting program. The speaker was Elana Farace, Ph.D., Clinical Neuropsychologist and tenured Associate Professor at Penn State University College of Medicine. Dr. Farace teaches in the medical school, and her clinical and research efforts have been centered around patients with significant psychiatric and neurological illnesses.

Attempting to distill this very broad topic into an hour-long presentation to members of the Bar, Dr. Farace broke her talk into six substantive subparts. These included “What is Mental Health?”, “The Basics of Psychological Diagnoses”, “Who Provides Mental Health Care”, “Psychological Interventions”, “Mental Health in the Workplace”, and the effects of the COVID-19 pandemic on mental health.

“Mental Health”, according to Dr. Farace, includes our emotional, psychological, and social well-being. It affects how we think, feel, and act, and helps determine how we handle stress, relate to others, and make choices. Improving mental health is very possible through appropriate treatment.

However, stigma about mental health issues prevents people from obtaining such treatment. At least 40% of people who could benefit from mental health treatment do not seek it because of perceived stigma.

The authoritative volume that defines and classifies mental disorders is the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5). This is a great resource for a general overview of conditions and treatment options.

According to Dr. Farace, one in five people lives with a mental health condition. Half of those individuals develop the condition by age 14, and three quarters of those individuals develop it by age 24. So, treating these conditions early is very important. Dr. Farace outlined several mental health “red flags” in Adults and in Children and Adolescents.

See, e.g., www.osfhealthcare.org/blog/mental-healthred-flags-how-to-recognize-them-and-offer-help/ and www.mentalhealth.gov/basics/what-is-mental-health.

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These include things like 1) abandonment or loss of interest in favorite pastimes or activities, 2) smoking, drinking, or using drugs more than usual, 3) experiencing severe mood swings that cause problems in relationships, and 4) the inability to perform daily tasks like taking care of yourself (or your children or your clients).

Psychiatrists, Psychiatric Residents, Psychiatric Nurse Practitioners (MS or PhD in nursing with psychiatry focus), and Primary Care Physicians can prescribe and monitor medications (and in some cases also do an assessment or talk therapy. Psychologists (PhD or PsyD), Master’s level Counselors, Clinicians and Therapists and Clinical Social Workers do assessments and provide talk therapy. Dr. Farace provided some resources for identifying and finding appropriate mental health care providers in your geographical area: www.psychologytoday.com/us/therapists/md/ baltimore-county or www.psychologytoday.com/us/ psychiatrists/md/baltimore-county.

Resources for crisis intervention include: Call 911 (still the default) Baltimore County www.baltimorecountymd.gov/departments/health/ healthservices/mental/ Maryland maryland.optum.com/content/ops-maryland/ maryland/en/participants-families/crisisresources.html National Suicide Hotline 800-273-8255 (TALK) (Note that people under a certain age are unlikely to have experience with push button phones, and those people cannot easily translate “TALK” into the appropriate, actual numbers).

Dr. Farace shared that crisis intervention, whether in the workplace, courthouse, or other venues, is an important tool. Training opportunities can be found at www. mentalhealthfirstaid.org/take-a-course/find-a-course.

In her capacity as the Executive Director of the Baltimore County Bar Association, Rachel Ruocco has attended this training locally and found it to be very informative and valuable. According to Dr. Farace, de-escalation is the goal.

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Photo by Ryan Byrne on Unsplash

health. www.legalevolution.org/2020/06/what-needsto-change-to-improve-mental-health-in-the-legalprofession-171/.

To de-escalate a mental health crisis: 1.

Be Empathic and Nonjudgmental

2.

Use Nonthreatening Nonverbals

3.

Keep Your Emotional Brain in Check

4.

Focus on Feelings

5.

Respect Personal Space

6.

Ignore Challenging Questions

7.

Set Limits

8.

Choose Wisely What You Insist Upon

9.

Allow Silence for Reflection

10. Allow Time for Decisions COVID and the Pandemic have significantly contributed to the mental health issues in our country. According to a December 2020 survey from the U.S. Census Bureau, there has been an 11% increase (an increase from 31% to 42%) in adults in the U.S. reporting symptoms. On the other hand, telehealth is here to stay, which serves to increase access to care through its convenience.

Dr. Farace concluded her talk with some interesting but alarming statistics concerning lawyers and mental health.

According to the National Institute for Occupational Safety & Health (NIOSH), Lawyers have the eighth-highest suicide rates among various jobs in the United States1. According to one study of 3,800 lawyers and legal professionals in the corporate law world, two-thirds of the respondents reported that their work has caused their personal relationships to suffer and nearly three-quarters of respondents acknowledge that the profession has had a negative effect on their mental 1

The American Bar Association is actively targeting ending mental health stigma within members of the legal profession, since stigma prevents people from accessing care. www.americanbar.org/groups/lawyer_assistance/ profession_wide_anti_stigma_campaign/. And the Maryland State Bar Association has its own confidential Lawyer Assistance Program to help its members address mental health issues, including contact information for several members of the Baltimore County Bar Association: Health and Wellness | Maryland State Bar Association – MSBA, www.msba.org/health-and-wellness. The main telephone number for this program is 888-388-5459.

Dr. Farace had some suggestions for improving mental health wellness within the legal community. These included: working to counter unrealistic workload or growth expectations, allowing for flexible work options, support for maintaining appropriate work boundaries with clients, and having a good firm culture on this subject (which starts with honesty and openness and tolerance from the most senior attorneys in a firm about their own issues, those of their family members, etc.).

The Professionalism and Family Law Committees thanked Dr. Farace for her time and for sharing her knowledge on these important topics, and thanked all those who attended the program.

– Suzanne K. Farace, Professionalism Committee Chair

Medical Doctors, Dentists, Police Officers, Veterinarians, Financial Services, Real Estate Agents, and Electricians number first through seventh most likely to die by suicide.

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Committee Reports Chambers Chat with the Honorable Ruth Ann Jakubowski and The Honorable Dennis M. Robinson On Monday, October 18, 2021, the Baltimore County Bar Association Young Lawyers Committee hosted a virtual, lunchtime “Chambers Chat” with the Honorable Ruth Ann Jakubowski and the Honorable Dennis M. Robinson of the Circuit Court for Baltimore County. The conversation was led and moderated by Adam Konstas, Esq. and Alex Walsh, Esq. Judge Jakubowski and Judge Robinson both began by discussing their interesting careers practicing law, what led them to join the bench, and their time and experience as judges, thus far. Following introductions, Judge Jakubowski and Judge Robinson offered helpful insight into the current practices and procedures of the Baltimore County Circuit Court in light of the COVID-19 pandemic, including how different types of cases are being handled and what to expect when visiting the Courthouse. Judge Jakubowksi expressed that going forward, we can expect that many types of proceedings, such as pretrial hearings/settlement conferences, will remain remote because they can be most efficient for all parties. Since we all have been on “Zoom,” or a comparable platform, for the past year, Judge Jakubowksi and Judge Robinson offered some practical tips

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for maintaining professionalism while conducting court proceedings remotely, such as logging onto the platform in advance to resolve any technical difficulties and setting up the camera in front of a podium to maintain a similar atmosphere to being in the Courtroom.

Finally, Judge Jakubowski and Judge Robinson offered prudent advice on various topics such as best practices to maintain professionalism with opposing counsel, most effective persuasive drafting tips for dispositive motions, and even their biggest pet peeves to see in the courtroom!

This was a wonderful event hosted by Mr. Konstas and Mr. Walsh and a great opportunity for young lawyers and practitioners to converse with members of the bench and to gain valuable information and insight for their careers ahead. There was great attendance with many young lawyers present and excited to participate. Judge Jakubowski and Judge Robinson both made the conversation so interesting and productive and we really appreciate their gracious attendance and time. We look forward to seeing many of you at the next Chambers Chat and many other Baltimore County Bar Association events.

The Advocate

– Valerie E. Taylor

November 2021

D&I Speaker Series - “What Does Diversity Mean To Me?” This month the BCBA’s Diversity and Inclusion Committee continued its series of speakers on the topic of “What Does Diversity Mean to Me?” We were honored to have District Court Administrative Judge Dorothy Wilson. Judge Wilson began her presentation by challenging the listeners to expand their definition of diversity: “Diversity is more than race, gender, religion, and ethnicity. Diversity is diverse. Diversity includes disability, age, socioeconomic status, regional, cultural, political, familial structure, even military status.

Diversity is truly every background, every experience.” Judge Wilson stressed that we must all embrace our differences, and that equal and exact justice requires an understanding of diversity. In order to ensure that everyone that comes into contact with the district court feels welcome, Judge Wilson believes that all court personnel including, judicial clerks, commissioners, administrative assistants, and bailiffs should reflect the diversity of the community in which it serves. She pointed out that diversity, at its heart, provides a variety of viewpoints. Diversity also seeks inclusion, or as Judge Wilson put it, “a sense of belonging and inclusion.”

Judge Wilson emphasized that the mission of the district court is to be a welcoming court. Achieving this goal is implemented in two ways. The first is the Fair Practices Department, through which the district court seeks to reflect the diversity of our communities by ensuring equality of opportunities for job applicants, employees and public user’s of the judiciary’s services. This department promotes education and outreach, does workforce analysis, creates

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reports and targets underutilization of diversity in all areas. It also disseminates the court’s policies on Equal Employment Opportunity to promote judiciary-wide understanding of rights and responsibilities concerning equal opportunity.

The Equal Justice Committee is the second tool utilized to achieve the district court’s mission of being a welcoming court. This committee was formed by Chief Judge Barbera.

It is made up of judges, court personnel, commissioners, work groups, research groups and law professors and is over 50 members strong. The Equal Justice Committees sponsors public listening events where private citizens are encouraged to speak out about bias they may have encountered in the court system. The Committee has also created training sessions for judges around topics such as implicit bias. Judge Wilson spoke about one training session in particular,entitled, “Is it because I’m Black,” which is a training program offered to judges in response to a recent report that showed Maryland had a very high rate of African American incarcerations. This course is offered to judges throughout the state as part of their 12 hours of mandatory judicial education.

The Diversity and Inclusion Committee will continue its speaker series next month when James R. Dills, the District Public Defender for Baltimore County, speaks on diversity and inclusion at the Office of the Public Defender.

The Advocate

– Hoss Parvizian

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Committee Reports Family Law Committee Program: Modification or Termination of Alimony Upon Retirement; Case Law and Considerations Leon W. Berg, as always, put on a very interesting program on behalf of the Family Law Committee on October 6, 2021, via Zoom. The topic was "Modification or Termination of Alimony Upon Retirement; Case Law and Considerations."

Forty-three people participated (the attendees were a virtual "Who's Who" of our local Family Law Bar) and received a copy of Leon's well-written and researched memorandum.

Leon was introduced by the Family Law Committee Chair, Christine Malanga.

Mr. Berg began his presentation by reminding the attendees that while Maryland Annotated Code, Family Law Article, Sections 11-1071 and 11-1082 apply, the case of Blaine v. Blaine, 97 Md. App. 689 (1993), affirmed 336 Md. 49 (1994), gives family law practitioners the best guidance on this issue. Under Blaine, the CSA opinion pointed to the factors set forth in the Maryland Annotated Code, Family

Law Article, Section 11-106(b) and (c)3 in considering extension of alimony but also suggested that those factors would apply to modification or termination of alimony. These are the same factors that the court would have considered in its original alimony award. As noted in the Court of Appeals decision affirming the CSA in Blaine, the parties may not relitigate the Section 11-106(b) and (c) factors presented at the divorce hearing, but rather the parties and the Court may reference the prior findings of the court in the divorce case to determine what has changed and what would be equitable in the modification proceeding.

In deciding to modify an alimony award, Mr. Berg indicated that the CSA, in Blaine, directed the trial court to balance the various Section 11-106 factors and give those factors

Md. Ann. Code, Family Law Art., Sec. 11-107 provides: Extension of period (a) Subject to § 8-103 of this article, the court may extend the period for which alimony is awarded, if: (1) circumstances arise during the period that would lead to a harsh and inequitable result without an extension; and (2) the recipient petitions for an extension during the period.

Modification of amount (b) Subject to § 8-103 of this article and on the petition of either party, the court may modify the amount of alimony awarded as circumstances and justice require.

1

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Md. Ann. Code, Family Law Art., Sec. 11-108 provides: Unless the parties agree otherwise, alimony terminates: (1) on the death of either party; (2) on the marriage of the recipient; or (3) if the court finds that termination is necessary to avoid a harsh and inequitable result.

Md. Ann. Code, Family Law Art., Sec. 11-106(b) and (c) provide: Factors considered (b) In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including: (1) the ability of the party seeking alimony to be wholly or partly self-supporting; (2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; (3) the standard of living that the parties established during their marriage; (4) the duration of the marriage; (5) the contributions, monetary and nonmonetary, of each party to the well-being of the family; (6) the circumstances that contributed to the estrangement of the parties; (7) the age of each party; (8) the physical and mental condition of each party; (9) the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony; (10) any agreement between the parties; (11) the financial needs and financial resources of each party, including: (i) all income and assets, including property that does not produce income;

(ii) any award made under §§ 8-205 and 8-208 of this article;

(iii) the nature and amount of the financial obligations of each party; and

(iv) the right of each party to receive retirement benefits; and (12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

Award for indefinite period (c) The court may award alimony for an indefinite period, if the court finds that: (1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward

becoming self-supporting; or (2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.

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whatever weight the Court deemed appropriate to reach a fair and equitable result.

Extension of an alimony award, or termination of alimony (aside from the death of either party or remarriage of the recipient) requires a finding that it is necessary to avoid a harsh and inequitable result. As noted in Blaine, that is a subjective determination by the trial judge in the exercise of sound discretion.

Mr. Berg discussed the cases of Ridgeway v. Ridgeway, 171 Md. App. 373 (2006), Votta v. Bauer, 104 Md. App. 565 (1995), and Riley v. Riley, 82 Md. App. 400 (1990), which are often cited regarding efforts to terminate or modify alimony because of an obligor's retirement. Mr. Berg also added a discussion of Lott v. Lott, 17 Md. App. 440 (1973), which involves the consideration of an obligor's remarriage (but not retirement), as it is not uncommon for retirees and/or their ex-spouses to have also remarried.

Mr. Berg also mentioned two unreported cases (which thus cannot serve as precedent): Gakuba v. Gakuba, 2017 Md. App. LEXIS 300 and Schaffer v. Schaffer, 2020 Md. App. LEXIS 825. Both considered the arguments by the obligor seeking to terminate alimony upon retirement that the former spouse had voluntarily impoverished themself by not properly managing their post-divorce assets for their own support. Mr. Berg pointed out that although it is an unreported opinion, the Schaffer case provides a nice review of the relevant law regarding the modification of alimony at retirement and discusses the Ridgeway, Riley, and Votta cases.

alimony claims that the obligor has retired prematurely (for example, at an age or under circumstances that are arguably not reasonable). Again, these cases are very fact-specific and must be considered on a case-by-case basis. See, e.g., John O. v. Jane O., 90 Md. App. 406 (1992).

Mr. Berg gave the attendees these important practice pointers: 1. Obtain the transcript of the judge’s remarks at the original divorce as they relate to the alimony award, and the judge’s findings regarding the Sec. 11-106(b) and (c) factors; keep that transcript in your file in case there is a later modification or termination proceeding. Judgments of divorce do not always include the judge's findings.

2. Remember that alimony can be modified retroactively to a date that precedes the filing of the complaint to modify.

See Langston v. Langston, 366 Md. 490 (2001).

Chris Malanga thanked Leon Berg on behalf of the Family Law Committee for having done such a thorough job researching and presenting this issue and thanked all who attended.

– Suzanne K. Farace

Another issue mentioned is when the party receiving the

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Committee Reports Judicial Law Clerk Orientation / Happy Hour September 30, 2021, the BCBA Membership Committee hosted its Annual Judicial Law Clerk Orientation for this year’s class of clerks. The judicial clerks appeared excited and eager to learn, especially because orientation was in person(!) at The Point and followed by a happy hour in their honor.

• After a case has concluded, consider asking the lawyers to meet for lunch or coffee to learn more about their careers—they will rarely say no.

Orientation commenced with a welcome from keynote speaker and former BCBA President, the Honorable Vicki Ballou-Watts. Judge Ballou-Watts explained to the clerks the importance of their role in the courthouse and how to best take advantage of the opportunities presented to them during their clerkship. She also encouraged the clerks to join the BCBA in order to make connections with other lawyers.

Her wisdom and experience were invaluable to the clerks.

• Get involved in the BCBA now (especially while membership is free!) as this is an opportunity to network and build relationships.

The program continued with a panel of former clerks, including Sandy Steeves, Esq. of Law Office of Sandy Steeves, Whitney Wilder, Esq. of Bodie, Dolina, Hobbs, Friddell & Grenzer, PC, and Matthew Nelson, Esq. of Harborside Group. Each presenter shared tidbits from his or her personal experience as a judicial law clerk and reflected upon how the connections they made at the courthouse have helped them throughout their legal career.

Some other tips that they shared included: • The main job of a judicial clerk is to make the judge look good.

• Make friends with your judge’s judicial assistant and with the staff in the Clerk’s Office and Assignment Office.

• Get to know fellow clerks as these are lifelong connections and people you can count on when you need information on their respective judges for a future case.

To further emphasize the importance of relationshipbuilding between judicial clerks and the bar, BCBA President Stanford G. Gann Jr. made some closing remarks and then kicked off the happy hour. The happy hour, which was open to BCBA members and non-members alike, was chaired by the Solo & Small Firm, Entertainment, Membership, and Young Lawyers Committees. The food and drinks were provided courtesy of Smith Gildea & Schmidt, Law Office of Sandy Steeves, Law Office of Laurie M. Wasserman, and Turnbull, Nicholson & Sanders PA. The setting offered the perfect opportunity for clerks to network with members of the bar and the judiciary, and many of them became new members of the BCBA. The clerks expressed their appreciation for the opportunity to make connections, and we hope to continue this annual tradition.

We wish the judicial clerks all the best in their clerkships, and if you encounter any of them at the courthouse, please make them feel welcome in the BCBA.

• Take advantage of times when you can observe cases in other courtrooms. It is a great opportunity to learn from other lawyers and judges.

– Laurie Wasserman

Missing Out on Fun Events Like This One? Make sure your email address is up-to-date in the BCBA directory!

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Bench/Bar Report: September 2021 The BCBA’s Bench Bar Committee met on September 9, 2021. Chairperson Deb Thomas called the meeting to order and offered congratulations to the Honorable Wendy Epstein on her appointment to the Circuit Court of Baltimore County.

found room 1 was too small to meaningfully handle cases.

Judge Wilson also discussed how the landlord tenant cases are a challenge and are taking up a lot of docket space. Next year, the court is considering shifting which police precincts go to which courthouse.

Administrative Judge Ruth Jakubowski provided the first report. She updated the committee on Chief Judge Barbera’s latest administrative order dated August 24, 2021. The order required vaccination proof or weekly testing for all judicial branch employees. As of September 9, 2021, approximately two-thirds of the judicial branch employees were vaccinated.

The report further updated the committee on the circuit court’s COVID response. Masking and social distancing will continue with limited capacity in each courtroom. The docket times will continue to be staggered. However, some changes will go into effect on November 1, 2021. All dockets will eliminate the 3 pm time slot. The bar should expect that the 9 am (and not 9:30 am) will continue. For criminal, juvenile delinquency and CINA hearings, dockets will begin at 9 am, 10 am, 11 am and 1:30 pm. For civil and family law cases, dockets will begin at 9 am, 11 am and 1:30 pm. The court will continue with remote hearings when possible, such as uncontested divorce and guardianship matters.

The court encourages remote hearings, when possible, for other types of matters. Jury selection will continue at the American Legion facility. The American Legion’s lease with the county has been extended until the end of 2021 and an option exists to go into 2022 if needed.

District Court Administrator Maria Fields provided further information. She explained that the court is working hard to reduce the landlord tenant case backlog. Ms. Fields explained that the police precinct shift may include moving one precinct from Essex court and moving it to Towson District Court. Then, the courts plans to move one precinct from Towson and assign it to Catonsville District Court.

Clerk Julie Ensor reported that 80% of her office staff has been vaccinated. Magistrate Dilip Paliath reported that a vacancy exists based on Judge Epstein’s elevation to the Circuit Court bench. The new magistrate will be primarily handling juvenile matters. However, the new magistrate will be cross-trained to handle family law as well.

The Honorable William Sommerville, III reported on behalf of the Office of Administrative Hearings. He noted that all vacancies at OAH have been filled. Masks and COVID screenings are still required at OAH. This court is doing both in-person and remote hearings.

President Stanford Gann, Jr., reported on behalf of the BCBA’s Executive Committee. President Gann noted that the Century Album was in production and should be available for pick-up at the BCBA office after September 16, 2021. Also, copies will be available at the Party on the Plaza on September 23, 2021. He reported that The Advocate will be delayed slightly but that new print design changes are forthcoming.

District Public Defender James Dills noted that his office had a COVID positive case and talked about how his office was diligently managing that situation. Mr. Dills also noted that his office is remote one day per week. His staff is in the office or in court the other four days each week.

Greg Gaskins reported for the Baltimore County Office of Law. His office is working remotely. Civil depositions and county hearings are being handled remotely.

Register of Wills Alexis Burrell-Rohde reported on behalf of her office. She noted that her office will follow Judge Barbera’s policies regarding COVID vaccinations and testing. Her office is accepting both walk-ins and appointments.

District Court Administrative Judge Dorothy J. Wilson reported on behalf of the district court bench. She noted that her court is quickly catching up on the backlog of cases. Staggered dockets will remain for at least the end of the year. The court is moving more civil cases to the new courthouse in Catonsville. The Honorable Michael Siri has been reassigned to Catonsville as well. As a result, that court will now have five full-time judges devoted to civil, tort and criminal matters. As part of this reorganization, the Towson District Court will have less cases. In Towson, the court 22

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Lenny Shapiro represented the criminal defense bar. He noted concerns from private defense attorneys who are not necessarily being notified if they are in contact with COVIDpositive persons in the courthouses. Court officials indicated that anyone in contact with an infected person would be notified when possible.

Chris Malagna reported on behalf of the Family Law committee and Adam Konstas represented the Young Lawyers Committee. Each discussed upcoming events.

Harry Chase spoke for the Portrait Committee and reported that Judge Wright’s portrait is being framed. However, no specific date had been set for the presentation.

Harford County Bar Association is seeking volunteers to staff their Lawyers in the Lobby and Lawyers in the Library programs. The library program is at library locations around Harford County. In addition, the HCBA is seeking volunteers for student mock trial programs. The Harford County Circuit Court is using Mt. Christian Church in Abington for jury selection until June, 2022. The family visitation center is closed. The Harford County courts are reporting a sizable case backlog.

Circuit Court Administrator Tim Sheridan, State’s Attorney Scott Shellenberger, the Orphan’s Court, and Baltimore City liaison Harry Chase all indicated that they have no reports.

Tyler Nowicki reported as the Harford County Bar Association liaison. The committee was informed that the

November 2021

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– Andrew I. Alperstein

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Bench/Bar Report: October 2021 The Honorable Ruth Jakubowski was able to report good news in terms of impacting the criminal and civil case backlogs. As of October 31, 2021, all judicial positions will be filled. Sidney Francois, a former Assistant Public Defender, will start on November 3, 2021 as a juvenile magistrate, filling the vacancy left by the Honorable Wendy Epstein, our second most recent circuit court judge appointment. All magistrate positions will then be filled.

In addition to Judge Epstein, we welcome the Honorable Garret Glennon to the bench.

The Bench Bar Committee resumed Zoom meetings following a single in-person meeting in July. The good news from Judge Jakubowski on the COVID front is that 95% of court staff are vaccinated in the circuit court. Circuit Court Clerk Julie Ensor reported that 76% of the Clerk’s office has had at least one vaccine. District Court Administrative Clerk Maria Fields advises that her staff are almost fully vaccinated—16 people were not vaccinated and five of those had their vaccines scheduled.

Judge Jakubowski also reported that due to continued COVID issues the lease to use the American Legion Hall for jury selection has been extended to sometime in 2022. State’s Attorney Scott Shellenberger and District Public Defender James Dills have both reported that American Legion Hall is much more effective for picking jurors because time is not wasted by moving jury pools in the courthouse elevators.

Final miscellaneous news from Judge Jakubowski includes: the Honorable Nancy Purpura will be starting the adult drug court and settlement court was immediately reorganized following the death of the Honorable Thomas Bollinger.

Circuit Court Clerk Ensor reported that a new upgrade to the operating platform for MDEC has resulted in significant slowdowns in the Clerk’s office. As a result, the processing of pleadings has slowed down somewhat. Tyler Technologies is working with the court’s administrative office to resolve the issues.

Magistrate Dilip Paliath has replaced Judge Epstein as the magistrates’ representative on the Bench/Bar Committee.

The most important news is on the family law side.

The magistrates will be pushing to complete as many uncontested divorces before the end of the year as possible.

Judge Jakubowski indicated that a judge will also be added for a full day for the uncontested docket in December. If you have an uncontested hearing set for January or February, contact civil assignment to move your case forward.

The Honorable Dorothy Wilson reported that the district court is continuing to clear out the backlog. On the criminal side, she reported important movement on the adult drug 24

court and mental health court. The Honorable Philip Tirabassi and the Honorable Kimberly Thomas are leading the charge on the adult drug court. A stakeholder meeting was recently held, and policies and procedures are being updated. The district court’s application for a mental health court is now pending before Chief Judge Joseph M. Getty.

Landlord/tenant cases are going forward. The Clerk’s office is handing out brochures explaining resources available to tenants. Sandwich boards with information for tenants are also displayed in each courthouse. A new law requires landlords to give 10 days’ notice before filing a failure to pay rent case.

The most important news out of district court may be the new statute making home monitoring available to indigent criminal defendants. In their wisdom the legislature made the courts responsible for payment of invoices for indigent home monitoring services. Indigency standards established by the legislature are the same income standards as for public defender eligibility. Judge Jakubowski indicated the circuit court would be responsible for home monitoring payments when home detention is ordered as a result of writs of habeas corpus or first appearances in circuit court following criminal informations or indictments.

Lastly, Judge Wilson noted a change in the Peace Order statutes whereby an employer can file for a Peace Order on behalf of an employee. Judge Wilson added that the new statute creates some form of liability for an employer if they fail to act.

Chief Judge Will Somerville of the Office of Administrative Hearing advised that many more in person hearings are being conducted. He also announced that ALJ Jana Burch is retiring.

President Stan Gann reported that the 100th Anniversary Party in the Plaza was a success. Yearbooks published for the 100th anniversary were handed out along with more anniversary swag. In other news the BCBA Pro Bono Attorney of the Year was announced at the Stated Meeting; there will be a new format for The Advocate and a member survey will be coming out in a few weeks. Finally, there will be less space than usual at the next BCBA Banquet due to COVID—so get your tickets early.

Family Law Committee Chair Christine Malanga announced three upcoming events in November: “Meet the Magistrates” and the Retirements of Richard Gilbert and Phyllis Brown, November 2, 2021 5:30-7:30, outdoors at the Towson Tavern (heated); November 10, 2021 Brown Bag Lunch to meet Briana Shirey and the Family Service staff; and, November _______, time?, to meet Anna Walsh and

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the court mediators. Check the BCBA website for additional details and to register.

Harry Chase, Baltimore City Bar Liaison, advised that Baltimore City is still using the War Memorial for jury selection. There will also be vaccination clinics for shots and boosters at the Cummings Courthouse, TBA. Finally, there are 4,000 cases in the Baltimore City Circuit Court backlog— many are being specially assigned through May, 2022.

Hossein Parvizian gave the Diversity and Inclusion Committee report. The speakers series on diversity is continuing. Judge Jackson spoke at the least meeting. Scott Shellenberger and James Dills will be speaking at the next meeting. He also reported on the Summer Scholars Program which is being planned for 2022. It was an enormous success for summer 2021 for the firms that participated and the summer law clerks.

If you are interested in hiring a summer law clerk, contact the Honorable Dennis Robinson or Mr. Parvizian.

– Jack Condliffe

November 2021

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Stated Meeting On October 21, 2021, the Stated Meeting of the Bar was held both virtually and in person, in the ceremonial Courtroom 5. President Stanford G. Gann, Jr. called the meeting to order. Each committee chair presented his/her report, providing information on past and future programs and developments with their respective committees.

Margaret Henn, vice chair of the Pro Bono Committee had the honor of presenting this year’s Pro Bono Award to recipient Jo Ann Camm, who accepted her well-deserved award via Zoom. At the conclusion of the Stated Meeting, in-person attendees enjoyed an outdoor happy hour at Barley’s Backyard Uptown.

The BCBA extends a special thank you to CRC Salomon, whose technical expertise made possible the virtual aspect of our meeting.

– Tracee Orlove Fruman

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Features How You Can Help Prevent an Eviction Crisis in Baltimore County

Volunteer in Baltimore County Rent Court with the Pro Bono Resource Center of Maryland In the wake of the Supreme Court’s decision striking down the CDC eviction moratorium, advocates are gearing up for unprecedented numbers of eviction filings that will leave tenants impacted by COVID-19 even more vulnerable to losing their safe housing. Nearly 21,000 households in Baltimore County are behind on rent and are at-risk of eviction according to U.S. Census Household Data.

Many households, including a disproportionate number of households of color, experienced job instability during the pandemic. Without a steady income, droves of tenants who had never missed a rent payment have now accrued unmanageable back rent. While judgments for possession of property were reserved over the last 18 months pursuant to the CDC Order and other COVIDrelated protections, those judgments are now being re-opened across the county, leaving thousands of tenants at risk of imminent eviction. Unaware of their rights as renters or of the critical rental assistance funds that are available to them, numerous tenants arrive at rent court every day not knowing whether they will leave without a home to which they can return.

Low-income tenants almost always lack access to legal representation and are faced with navigating the complex eviction process alone. Research conducted by the Harvard Law Review concluded that in eviction proceedings nationwide, landlords have representation 90% of the time, while less than 10% of tenants retain counsel. This imbalance of power strips tenants of access to justice, making them and their families vulnerable to housing disruption and displacement trauma. But it doesn’t have to be this way.

The Pro Bono Resource Center of Maryland (PBRC) is the statewide coordinator of volunteer civil legal assistance as well as a provider of critical legal services and eviction defense in rent court. PBRC’s staff attorneys are leaders in training, deploying, and supervising volunteer attorneys as they work to represent tenants in need and help stem the tide of unnecessary eviction.

Since 2017, PBRC’s Courtroom Advocacy Project (CAP) has successfully operated the Tenant Volunteer Lawyer of the Day program in Baltimore City, with our expert attorneys on the front lines providing day-of-court representation to more than 1,500 tenants, who would have otherwise gone unrepresented and been unaware of their rights as renters.

Thanks to new support from the community, PBRC has expanded our services into Baltimore County and is welcoming volunteers in Essex and Towson courthouses, where CAP staff and volunteer attorneys run Tenant Volunteer Lawyer of the Day Clinics twice each week.

PBRC seeks to not only address issues of housing instability, homelessness, and habitability in our community, but also further the right to counsel for all tenants faced with eviction. A tenant with an attorney is much more likely to prevail and avoid a life disruption than a tenant navigating the court system alone. In 2021, 94% of clients represented by PBRC attorneys have either avoided an eviction entirely or were granted a postponement delaying the eviction process.

While the ever-changing legal rules and processes present challenges that force our attorneys to devise creative solutions, the dockets in rent court continue to grow.

Tenants in Baltimore County need your help to avoid an eviction crisis, and CAP staff attorneys are ready to offer the mentoring and support you need to make a difference.

PBRC is urging attorneys to get involved and assist tenants in rent court. We provide robust training to volunteer attorneys that cover the strategies and best practices when advocating for tenants across Maryland while also providing mentoring and guidance in court.

To learn more and to register to volunteer, please visit www.probonomd.org/rent-court or contact Courtroom Advocacy Project Director Katherine Davis, Esq., at kdavis@probonomd.org. .

– Katherine Davis Pro Bono Resource Center of Maryland’s Courtroom Advocacy Project Director

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org November 2021

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Features Veterans’ Day Reflections and Memories On November 11, 1967, Veterans’ Day, I was at a checkpoint between Kontum and Dak To during the battle of Dak To, one where Americans took massive casualties, not knowing if I would live. I did, returning home in September, 1968. A year later, after I finished my military commitment, I returned to Loyola College, now University.

Unfortunately, to some students I was an instant pariah.

They treated me, because I was a Vietnam veteran, as a violent warmonger beneath contempt. Because I was both working and going to school, I simply ignored the taunts and focused on productively moving forward.

A year later, married with a son, I continued at the evening college at Loyola, only to meet more hostility because by then I was also a Baltimore City police officer. I worked hard and achieved some success, enough to suppress Vietnam. In fact, although the Vietnam Memorial Wall went up in 1982, it took me until Veterans’ Day of 1993 to go there. I viewed the names of Jerome Rawlings, Manuel “Sweetpea” Moore, Ray Gee, Mike Osteen and John Eckel, soldiers who served with me over there and died. I decided, that day, never again to fail to look for the opportunity to help the military and veterans.

In 1997, I got a note from Mike Lawlor asking me if I would be interested in contributing to a Vietnam Memorial on the grounds of the Old Courthouse in Baltimore County. I responded that I would like to do more than that because I was also a Vietnam veteran. Mike asked me where I had been, and as we spoke, we recognized that we served over there, although in different years, just a few miles from each other in the Central Highlands. Since then, Mike also spearheaded and completed an effort to erect another Memorial at the Old Courthouse for those who had recently died for their country in Iraq and Afghanistan.

By the time the Baltimore County Vietnam Memorial was dedicated in 1998, people’s attitudes had changed dramatically. No longer was it proper or appropriate to revile veterans, to spit upon them, to cause them to avoid even mentioning their service. No longer was it funny to refer to Vietnam veterans as drug-crazed baby killers.

Instead, some of the same people now thank us for our service. Most veterans respond favorably.

We do not ask the person who thanks us now where they were when we needed them. Indeed, veterans still need them — as they need all of us. So many veterans from my time continue to experience the ravages of Agent Orange.

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And so many veterans in general suffer from PTSD. With PTSD, however, people are finally beginning to recognize that experiencing it, with flashbacks, sleep disturbances, bouts of excessive anger, abuse of alcohol and other controlled dangerous substances, outbursts, self-destructive behavior, and overwhelming sadness, does not mean that the veteran is insane. Rather, PTSD is a sane reaction to the insanity of war. Nowadays, both official (like the VA) and unofficial veterans’ assistance organizations help. So can lawyers who take on cases involving people with PTSD and become adversely involved in the legal apparatus.

Some far-sighted and compassionate jurisdictions like Baltimore City — and one would hope the Baltimore County would soon follow suit — have initiated Veterans’ Service Courts to enable those who run afoul of the law, partly as a result of having served our country, to avoid the scarlet letter of a criminal conviction while getting help in obtaining benefits they earned.

In the past, the Judge Advocate Corps of the Maryland Defense Force provided pro bono services to military members, and they were very successful. In fact, at different times, several Baltimore County lawyers, Joe Pokempner, who effectively founded the initiative, Mike Lawlor, Dennis Cuomo, and I commanded the Corps, consisting of 43 lawyers at one point, and we assisted all manner of military personnel free of charge. I personally had the extraordinary privilege of enabling an active duty Drill Instructor to regain custody of her little girl.

It was the most rewarding experience of my now-long legal career and well worth the several-day trial and appeal, as well as the preparation involved. Unfortunately, times change, and now the Judge Advocate Corps exists effectively in name only. Fortunately, the MSBA has a Veterans Affairs and Military Law Committee capable of taking up the slack.

There is also the specter, for Vietnam veterans, of Agent Orange. It continues to kill. On May 5, 1968, the day we lost Ray Gee, Mike Osteen, and John Eckel, another of our troops, Mark Crassweller, sustained wounds so severe that he had to go to Japan to recover. I never knew what had happened to him afterwards until I encountered him at a military reunion a while back and found that he had been living in Howard County. Our acquaintanceship quickly evolved into a friendship. But, it did not last that long. On October 10, 2017 month and a day before Veterans Day, I traveled to the Gilchrist Hospice in Columbia to salute my friend one last time. He died on

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October 11, a victim of non-Hodgkin’s lymphoma caused

by Agent Orange exposure, as have at least four of the other soldiers with whom I served in Nam. So far, I am extremely lucky. I had the honor of serving my country. I met extraordinary people in the military. I neither died nor sustained severe wounds. I do not have crippling PTSD. I have no effects of Agent Orange.

About 21 years ago, I joined the National Fourth Infantry Division Association, and I serve as its Judge Advocate/ Parliamentarian after I found that when I joined the Association, I finally had come home. Here in Maryland, I joined the Maryland Defense Force and retired as a Colonel after having had the honor of commanding the Judge Advocate Corps while working with superb, selfless, and committed lawyers doing immense good. I also joined the Veterans Affairs and Military Law Committee of the MSBA, of which I was Chair for a year and on whose Board I continue to sit. I also serve as a mentor, although that does not, and should not, entail the practice of law in the City Veterans’ Court. I do what I can for veterans because they need us.

Our past and present military members need all of us.

Lawyers must, as part of our sacred obligation, help people

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who need, but cannot afford quality legal services. As nice as it is to thank veterans and the active-duty military for their service, let’s do more this Veterans Day. Let’s also do our best to help a needy veteran or servicemember.

Meanwhile, when you say a prayer, say one for our past and present military. When you light a candle, light one for our past and present military. When you shed a tear, shed one for our past and present military.

This Veterans Day, as I have for 20 years, I will travel to Arlington National Cemetery to check on the wreath I have placed there every year at the Fourth Infantry Division Monument on behalf of our Association. I will then go to the Wall to salute my friends. I will pray for those whose names are not on the Wall whom Agent Orange and PTSD have since killed. I will renew my pledge to continue to honor the oath I took over 40 years ago as a lawyer by helping current and former military members and veterans. I will also pray that those who read this article will reach out to help a military member, either active or former, as I wish everyone the best on this Veterans Day in the greatest country in the world. GOD BLESS AMERICA. – Michael P. May

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Features What Is Veterans Law? Veterans law is a broad term, and it does not describe a single discipline or practice area. Rather, it describes how military or veteran status intersects with a number of areas of practice.

According to the Department of Veterans Affairs, the United States is home to approximately 19 million veterans, representing a little less than 10% of the adult population.

As a percentage of the total population, this number is actually decreasing, despite nearly two decades of conflict in Iraq, Afghanistan and elsewhere, and the VA predicts that this number will continue to decline.

The myriad of benefits conferred by a person’s status as a veteran come with a myriad of legal issues that no single lawyer can address because it can cover a number of different legal disciplines.

What is a veteran?

Is it someone who wore the uniform? Fought in a war?

Defining a veteran depends a bit on who is asking the question. For the purposes of disability compensation from the Department of Veterans Affairs, a “veteran” is defined as someone who served in the military and whose service is other than dishonorable. That definition is not always helpful, however, because the military has five different primary characterizations of service:

1. Honorable

2. General, Under Honorable Conditions

3. Other Than Honorable

4. Bad Conduct Discharge

5. Dishonorable Discharge.

The VA, however, will sometimes treat the Other Than Honorable or Bad Conduct Discharges as “dishonorable” for the purposes of determining eligibility for benefits.

Criminal Law When the topic of military law or the Uniform Code of Military Justice (UCMJ) comes up in conversations, as it so often does, someone invariably repeats Jack Nicholson’s famous line from A Few Good Men. Indeed, what litigator does not dream of conducting a cross examination along the likes of Lieutenant (Junior Grade) Daniel Kaffee’s absolute annihilation of Colonel Nathan Jessup?

Even after boots come off for the last time and the uniform is stashed in the attic, military and veteran law still have an impact on criminal matters. For instance, Maryland has 30

instituted Veterans Treatment Courts in Baltimore City, Maryland’s Eastern Shore, and elsewhere, as a means of problem solving. Working the Department of Veterans Affairs (VA), these courts seek to divert low-level criminal offenses away from “the system” by leveraging the VA’s resources to solve the underlying problems the veteran is experiencing.

When the Veteran Treatment Courts are unable to prevent a veteran from becoming incarcerated, the veteran must understand what might happen to his/her VA disability benefits. For example, if the veteran is receiving disability compensation through the VA, his/her payments will be reduced if they are incarcerated for greater than 60 days.

The veteran can notify the VA and have their benefits reinstated upon release, however.

Family Law Some might think that the intersection of the military and family law stops at the cringe-worthy expression “if the Army wanted you to have a wife, they would have issued you one!”

While a drill Instructor might consider this an aphorism, the military’s impact on family law can be significant.

Experienced family law practitioners will know all about Defense Finance Accounting Service’s requirements for Qualified Domestic Relations Orders for the division of military retired pay. They might even know about the 20/20/20 rule as it relates to a military spouse’s entitlement to commissary and military health care benefits.

For active-duty service members, there are a whole host of other considerations. For instance, when an active-duty soldier separates from his or her spouse, Army Regulation 608-99 requires them to provide financial support.

The regulation has a built-in preference for agreements between the spouse and the soldier, or even court orders, but in their absence, a commander can actually order that the soldier pay an amount as set by the Basic Allowance for Housing, Type II. Non-compliance can lead to sanctions under the UCMJ. Employment Law Anyone who has applied for a job with the federal government is surely aware of “Veteran’s Preference,” and labor and employment lawyers should be well versed with the Americans with Disabilities Act, which protects veterans who may have a disability. But what about reemployment rights after a period of absence due to military service?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects individuals who answer the

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call to serve in their search for employment after their service is complete. This is most commonly seen in the context of military reservists (to include the National Guard) who, while employed in their civilian job, have to take a leave of absence in order to complete a period of military duty.

Labor and employment attorneys who represent and advise employers should take the time to understand this statute and how incredibly veteran-friendly, and therefore employer-unfriendly, the statute can be. A few common (and potentially costly) mistakes employers make include: - Requiring documentation or “proof ” of military service prior to departure. See 20 C.F.R. § 1002.85(c).

- Requiring employees to state, at the time of their departure, whether or not they intend on returning. 20 C.F.R. § 1002.88.

- Failure to reinstate an employee in the same position they would have held had they never left the position in the first place, also known as the escalator principle.

20 CFR § 1002.191

- Treating voluntary mobilizations/tours differently than involuntary tours. 20 C.F.R. § 1002.6

and Veterans Pension benefits, which are different from either military retirement or disability pay. Aid and Attendance benefits can provide a stipend for veterans and their spouses who have significant medical needs but limited economic means, and the Veterans Pension can provide financial support to low-income wartime veterans. These programs are, however, somewhat complicated.

Conclusion Veterans and Military Law is not one single discipline, but rather a thread that can touch a number of different practice areas. The Maryland State Bar Association has a Veterans Affairs and Military Law Section that serves as a gathering place for those whose practices intersect with Veteran and Military Law. As the chair of that section, I humbly ask that you bring us questions, as we may have access to resources. The section has members who work in family law, estate planning, criminal law, disability benefits appeals, and employment law, and is working to bring continuing legal education and pro-bono opportunities to the legal community in Maryland.

– Andrew P. Gross

- Discrimination against an individual for applying to join the military. 38 U.S.C. § 4311 Estate Planning When a member of the military retires, they are often entitled to what is becoming an increasingly rare benefit: the defined benefit pension. The pension can be incredibly generous, especially considering that a service member who joined the military at 18 years of age can retire, and draw a pension before they turn 40.

One of the options that estate and financial planners should be aware of is the Survivor Benefit Plan (SBP). The SBP is an optional benefit that the veteran can purchase as an annuity that provides income for the veteran’s spouse should the veteran pass away.

They should also be aware of VA Disability Compensation.

This tax-free benefit can be collected concurrently with their retirement pay if the VA deems the veteran to be greater than 50% disabled. If the veteran becomes 100% disabled or passes away from a service-connected disability, the spouse and minor children may be entitled to Disability Indemnity Compensation (DIC). DIC pays a monthly taxfree stipend for the life of the spouse, or until they remarry.

Children can receive the benefit until they reach majority, or for longer if they are deemed disabled.

Estate planners should also be aware of Aid and Attendance November 2021

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Features

Ravens Tailgate Sunday, October 17 | M&T Bank Stadium Those who attended the 2021 BCBA Ravens tailgate enjoyed good company, plenty of tailgating food and beverages, beautiful, sunny, fall football weather and a convincing 34-6 Ravens victory over the highly-rated Los Angeles Chargers. As usual the tailgate was set up in a great location on Lot H, and was well-attended by members of the bar, as well as several judges. Fans were treated to a flyover by four National Guard A-10 Warthogs at the conclusion of the National Anthem sung by the Morgan State University Choir.

The Ravens offense went to work in the first quarter with an impressive 90 yard, 12 play drive, culminating in a 14yard touchdown run by Latavius Murray. The Ravens followed up with another long drive (74 yards) featuring former Steeler, Le’Veon Bell’s first touchdown rushing as a Raven. Other highlights of the game included a Justin

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Tucker 52-yard field goal in the second quarter, a Lamar Jackson touchdown pass to tight-end Mark Andrews in the third quarter, a Devonta Freeman 9-yard run for a touchdown in the fourth quarter, and the NFL debut of Ravens’ rookie receiver, Rashod Bateman, who had four catches for 29 yards.

The Ravens star quarterback, Lamar Jackson, finished the day with 167 yards passing (19 completions/27 attempts) and 51 yards rushing. The biggest surprise of the day, however, may have been the superb play of the Ravens’ defense, nearly shutting out the previously vaunted offense of the Chargers, led by young quarterback Justin Herbert.

With the win, the Ravens advanced to a 5-1 division leading record. Thank you to event sponsor, Duckpin Marketing.

The Advocate

– Michael S. Barranco

November 2021

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BCBA Spotlight Retirement Gala of the Honorable Sally C. Chester The scrappy, successful trial lawyer as protégé to Roland Walker and Jack Rubin, legendary Assistant Public Defender, one of a kind district court judge, mentor and mother to all, Baltimore County may never again see the likes of the Honorable Sally C. Chester. It is for this reason that well over 300 people—friends, lawyers, judges, and former Governor, Robert L. Ehrlich— gathered at Martin’s Valley Mansion on October 14, 2021 to celebrate Judge Chester’s career and “retirement” from the active bench last year.

The Master of Ceremonies and host, James Crawford, Jr., Esquire, welcomed the gathering and introduced the speakers for the evening. Mr. Crawford observed that “[n]ot many people who walk this earth have the passion and empathy for helping others the way Sally does. . . Sally truly was and is a judge for the people.” He noted that in her courtroom, Judge Chester always made a point of letting clients know their lawyer had represented them well.

Mr. Crawford noted that Judge Chester was known, on occasion, to embarrass lawyers with her gushing praise (e.g., he/she “is the best lawyer in Baltimore County” and “you may not have walked out of here without [his/her] help.”). The ribbing, however, was always meant as a high compliment.

Mr. Crawford also spoke of Judge Chester’s many “Sallyisms” known to those who have appeared before her. One example, being “get the ice [engagement ring] or else no dice.”

Introducing the guest of honor was Harriett Goldberg, whom Judge Chester has known since her days working for Roland Walker.

They remain friends and often dine together. She observed that Sally is the most caring person she has ever known, and that she has helped many people. When they 34

are out to dinner together, Sally always graciously handles encounters with persons who have appeared before her in traffic court. Thanks to Harriett, we also learned a little about Judge Chester’s passion for shopping. Mrs. Goldberg concluded with the sentiment that “Sally is more than just a judge. She is a fabulous friend to everyone and we love her.”

Barbara P. Lewis, Esquire, one of Sally’s best friends through the years, then provided “50 facts about Sally Chester” that we may or may not know. While there are too many facts to list here, influential in Sally’s life was her parents’ belief in fairness, equality and inclusion, and her arrival at Friends School in the ninth grade. There, she made lifelong friends, played field hockey and lacrosse and, surprise, was a member of the drama club. At Colby College, she again played field hockey and lacrosse, majored in history, graduated cum laude and was invited to join Phi Beta Kappa.

Her induction was one of the happiest days in the life of her mother, Queenie.

Ms. Lewis noted that Sally’s “ability to find the best in everyone [was] honed at Colby.”

After working in marketing at Maryland National Bank, Sally decided to go to law school. Although Judge Chester’s father was initially against the idea, Queenie believed in individual rights and pronounced that “[i]f my Sassy wants to be lawyer, she’ll be a lawyer.” To quote Ms. Lewis “[t]he rest, as they say, is history.”

Mark A. Van Bavel next spoke about Judge Chester’s deep friendship with the late Jack Rubin and her time practicing with Roland Walker. Mr. Van Bavel related a story of Sally being thrown very last minute into the defense of a client who was accused of murder. Realizing that the State’s disclosures were lacking, she promptly walked into the The Advocate

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State’s Attorney’s office in her mink coat to demand full discovery. Lo and behold, with exculpatory evidence in hand and a “Gracie Allen cross-examination” of the FBI firearm’s expert, Sally convinced the jury that the State’s witness was actually the killer. The jury came back in three hours. Roland Walker asked “how did you win that case” to which Sally responded incredulously, “Wasn’t I supposed to win?”

Thirty years later, her client in that case appeared before her for a driving with a suspended license infraction. This was his first offense since the murder trial. After Judge Chester dispensed a PBJ, the public defender asked her if she remembered the gentleman? She asked just one question: “Did you ever pay Mr. Walker?”

Janine Meckler, Esquire, recalled her time working with Judge Chester as an Assistant Public Defender, back in the days when the office was located at 500 Virginia Avenue. She fondly recalled that Judge Chester “could talk the wart off a frog” when she was wound-up, but “she was warm and nurturing” and people were naturally drawn to her. Judge Chester renamed her “Schmecklepuss” and Janine took her place among the many “children” of Mother Chester. She recalled how Sally mentored her early on not to speak too softly in court but rather to “walk into that courtroom like you own it.” The most important lesson she learned from Judge Chester, however, was how to treat people with kindness, especially all of the courtroom personnel, with the exception of the judges, who were a special category.

Judge Chester always taught her to “kill them. . . with kindness.” Ms. Meckler now tries to pass along the valuable lessons she learned to the young lawyers she now mentors, and was astonished that she had herself “become Sally.”

Next, the Honorable Robert J. Steinberg delivered his remarks via live video

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conference. Judge Chester often refers to Judge Steinberg as her “workplace spouse,” the two having served together in the Towson District Court for many years.

Judge Steinberg noted that doing justice takes courage, not the absence of fear, but instead the judgment that something is more important than being afraid. In this regard, Judge Steinberg stated that Judge Chester “has never been afraid to apply the Constitution. She has never been afraid to suppress evidence when required. She gives everyone a fair trial and she is never afraid to acquit if there is reasonable doubt. She has never been afraid to be merciful. She has never been afraid to take a chance to help someone gain redemption when it was warranted. Sally always did her sworn duty.” Judge Steinberg also spoke about how Judge Chester always finds the best in people and loves to give praise and to reinforce and encourage people. Judge Steinberg spoke of his deep friendship with Judge Chester and how blessed he feels to have her as his friend. He closed by asking that when the evening is over, each of the persons in attendance practice the kindness that Judge Chester has been preaching every day of her life.

Assistant State’s Attorney Jacey Smith and Assistant Public Defender Janice Footman then spoke about Judge Chester, the mentor.

Ms. Smith spoke of how Judge Chester takes pride in helping young lawyers grow and how she has a genuine passion for teaching. “She transforms you into an [advocate] who is flexible, quick-witted, and prepared, but most importantly fair, worldly, understanding, and compassionate.

She truly has been a mother to so many of us in district court.” By way of example, Judge Chester recently helped her hone a legal argument by making her think about potential counter-arguments. Janice Footman spoke similarly about how, when she started with the Public Defender’s office five years ago, she saw how Judge Chester The Advocate

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BCBA Spotlight was willing to connect and guide young lawyers on both sides of the aisle. She observed that Judge Chester was willing to share feedback and perspective on what was done right and ways to improve, with the only intention of helping lawyers grow. Ms. Footman spoke about how Judge Chester helped her develop the confidence she has today and expressed how thankful she is to her “fairy godmother in a black robe.”

BCBA President Stanford Gann, Esquire, and Raphael Santini, Esquire, presented Judge Chester with a President’s Award on behalf of the BCBA in recognition for her kindness, friendliness, and civility. President Gann reflected on when he first met Judge Chester nearly 30 years ago and became a “son-in-law” by virtue of his wife, Vanessa, an Assistant Public Defender with Sally at the time, being one of her “daughters.”

He noted that on the bench, Judge Chester always greeted everyone in the courtroom with a “huge, warm, smile” that put you at ease. Mr. Santini echoed Mr. Gann’s sentiment that Judge Chester made the practice of law a pleasure. Directing his remarks to Judge Chester, Mr. Santini told her “we will miss you and we will never see your likes again.” Judge Chester accepted the President’s award with thanks and brief remarks.

A gift was then presented to Judge Chester

by Abigail Beichler, Esquire.

Judge Chester was escorted to the podium while Mattie Glass sang specially written lyrics to the tune of The Girl from Ipanema.

She thanked Mr. Crawford for being the “producer” of the evening (or as she described it, the “Sally Chester Show”) and Ms. Beichler for being the “director” and complimented Ms. Beichler by noting that as a top-notch “bionic” domestic lawyer, she could have worked for Roland Walker.

Judge Chester also thanked the many other persons who were involved in the gala and who have been important in her life 36

at various times. She spoke emotionally of the peace she feels by virtue of having turned her will over to a higher power, and the help and loyalty of Judge Tirabassi, Jay Miller, the late Richard Vincent, the late Judge Sandy Williams, and the support of her husband, Nick, and all her courthouse colleagues, including her “Courthouse Spouse.” Judge Chester noted that the celebration is as much about the history of the lawyers and judges who formed her and made the BCBA the envy of the state, as it is about her. “We represented real people, listened, affected lives, and in some cases made law.” She spoke of how she had the privilege of practicing with three of the greatest trial lawyers (Roland Walker, Jack Rubin and Alan Murrell) and praised the work of three trial judges (the late Robert J. Gerstung, Judge Steinberg and Judge Joseph F. Murphy, Jr.) Judge Chester regaled the audience with a number of stories and anecdotes, each deserving of their own article. She thanked some of the many people (too many to mention in this article) who have made her feel like family. She recognized “the First Lady of the Baltimore County Bar,” the Honorable Barbara Kerr Howe. She gave thanks to her mother, Pat “Queenie” Chester, her first secretary, Mardel Woolford, Marlene Davis, who taught her to write a motion, her childhood best friend, Melinda Burdette, and her husband of 43 years, “Mr. Nick,” and her devoted son, William. In closing, Judge Chester reminded everyone of the importance of the pledge “And Justice for All,” which was inscribed on her bobblehead that was given to each attendee. The evening concluded with everyone joining in singing “Auld Lang Syne.” The final verdict is in. Judge Chester, you are loved.

– Michael S. Barranco (one of many loving sons-in-law)

The Advocate

November 2021

A Poem to Judge Sally Chester for Her Retirement Composed by Mattie and Joe Glass Sung to the Tune of “The Girl from Ipanema” Not so tall, and oh so spunky, The judge from Stevenson enters the courtroom, And when she judges, Each one she judges goes, “ah.”

When she deliberates, she’s quite decisive, And states her results so thoughtfully and clearly, That for her wisdom Each one in the courtroom goes, “ah.”

Oh, all who receive her judgment, Know she makes Solomon look weak.

Yes they express their thanks gladly, So each day, when she exits the room, Some defendants have avoided their doom.

Not so tall, and oh so spunky, Judge Chester each day is also amusing, And when in her robe she appears, Those who see her just smile.

Oh, how everyone loves her!

Oh, how her presence just cheers us.

Yes, we admire her dedication, So each day when sits at her bench, The jurors become less intense.

Not so tall and oh so spunky, Sally’s perky spirit is contagious.

SAVE THE DATE CENTENNIAL BLACK TIE BANQUET Thursday, January 27 | 6:00pm | Martin’s Valley Mansion

November 2021

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BCBA Spotlight BCBA Awards Pro Bono Attorney of the Year Award to Jo Ann Camm October is recognized as Pro Bono Month in Maryland. In a fitting celebration of pro bono, the Baltimore County Bar Association was pleased to award the Pro Bono Attorney of the Year Award to Jo Ann Camm at its Stated Meeting on October 21, 2021.

This award is presented each year to an attorney who serves the needs of the community through their pro bono work for clients of limited means and who has shown a dedication to pro bono throughout his/her career. Ms. Camm certainly embodies this dedication and commitment to pro bono.

Over the past 12 years, she has assisted 64 pro bono clients, who would not otherwise have been able to afford an attorney.

The majority of cases Ms. Camm takes on are complex child custody and divorce cases. She has also handled pro bono guardianship, criminal record expungement, landlordtenant and estates cases. She has spent hundreds of hours devoted to helping low-income clients in desperate need of assistance during some of the worst or most complex moments of their lives. Her dedication has been particularly evident during the COVID-19 pandemic. Even during the spring of 2020, she continued to take on new pro bono clients in their time of need.

According to a study by the Task Force to Study Implementing a Civil Right to Counsel in Maryland, low income Marylanders are 6.5 times more likely to prevail in their legal cases if they have representation. Pro bono work provides critical support to the community and

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Jo Ann Camm to households who are struggling to keep their families together, keep a roof over their heads and maintain decent employment. The BCBA applauds the work of Ms. Camm and encourages others to respond to the need for pro bono legal assistance in the community. Your help can make all the difference.

The Advocate

– Margaret Henn

November 2021

Vallit Advisors, LLC provides dispute consulting, business valuation, transaction advisory services, and forensic accounting services for law firms, corporate counsel, governmental agencies, public and private entities, and individuals. Mark W. Norris and Charles W. Rains founded the firm in December 2018. In the spring of 2019, Kris Hallengren and Chris Rosenthal joined the firm as managing members. The firm has offices in Timonium, MD and Annapolis, MD, Washington, DC, and Denver, CO with 20 staff and expects to grow to 25 staff by the end of 2022.

Approximately 70% of the firm’s engagements come from attorneys who specialize in all forms of litigation, estate and gift planning and administration, and merger and acquisition consulting services. As a result, the managing members have developed a significant network of attorneys in the mid-Atlantic area.

Mark W. Norris

R. Christopher Rosenthal

Charles W. Rains

Kristopher R. Hallengren

Although Vallit has been a sponsor of BCBA since its inception, the managing members have been sponsors of BCBA for many years while at their prior firms. BCBA has historically organized networking, educational, and other events throughout each year. These events represent great networking opportunities for our team members to not only catch up with attorneys we already have relationships with but develop new relationships.

COVID has had a significant impact on face-to-face events, especially for the BCBA during 2020. As a sponsor, Vallit was pleased to provide free webinars during that time on various accounting, valuation, and other legal topics that COVID impacted. This activity helped BCBA provide value to its membership during the period when events were otherwise restricted due to COVID. The managing members at Vallit look forward to a long sponsorship relationship with BCBA. You can find additional information about the firm at: www.vallitadvisors.com.

– Mark W. Norris

Don’t Forget to Support All of Our Annual Sponsors Albers & Associates Growth Solutions Team Rice, Murtha & Psoras Sandy Spring Bank Minnesota Lawyers Mutual November 2021

Multi-Specialty HealthCare Vallit Advisors AbacusNext Health Quest

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BCBA Spotlight Welcoming the Honorable Wendy S. Epstein The Honorable Wendy S. Epstein, newly appointed Associate Judge for the Circuit Court of Baltimore County, has served as a Family and Juvenile Magistrate for the Circuit Court for Baltimore County since 2014. Prior to her appointments as Magistrate and then as Associate Judge, she worked as an Assistant Public Defender and then ran a general litigation practice alongside her father in Baltimore County.

Judge Epstein grew up in Baltimore County and spent her educational career in the area. She attended Pikesville High School and then attended Western Maryland College, now McDaniel College, where she graduated in 1986 with a Bachelor of Arts in English Literature. While at Western Maryland College, Judge Epstein was an active member in both the Jewish Student Union and her sorority, Delta Sigma Kappa.

After graduating from college, Judge Epstein began law school at the University of Baltimore. During law school, she served as a law clerk at the Office of the Public Defender in Baltimore City from 1987 to 1990. While clerking at the public defender’s office, she met her late husband, Gary Schenker, who was working as an Assistant State’s Attorney in Baltimore City at that time.

After graduating from UB and passing the bar exam, she made the seamless transition from a multi-year law clerk in the public defender’s office in Baltimore City to an Assistant Public Defender in Baltimore County. After serving as a public defender for two years, she went on to open a neighborhood general litigation practice, Zerwitz and Zerwitz, with her father, Arnold Zerwitz in 1992.

While serving as partner at Zerwitz and Zerwitz, Judge Epstein handled a wide variety of cases including domestic and criminal matters. Judge Epstein was appointed as a Best Interest Attorney for several custody matters, protecting children’s best interests before the court. She also served as

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a Pre-Hearing Contempt Facilitator from 2008-2013, where she worked for the Circuit Court for Baltimore County settling numerous contempt cases.

In 2011, Judge Epstein was appointed to the Baltimore County Board of Appeals, where she would hear a variety of appeals arising from code violations, zoning decisions, and other matters deriving from Baltimore County administrative offices and agencies. She also served as chairperson for the Board in 2014. From 2012 to 2014, she served on the Character Committee for the Maryland State Board of Law Examiners.

Outside of work, Judge Epstein has always been extremely involved in the legal community. She is active in the Sobeloff Society, where she has served as a board member since 2010.

She has also been a member of the Maryland Women’s Bar Association since 1997, where she has been a past treasurer and secretary. She also served as a past president for the Baltimore Carroll County Chapter of the Women’s Bar Association. She has been a member of the Maryland State Bar Association since 2016, where she is currently on the Bench/Bar Section Council.

Judge Epstein is also heavily involved with the Baltimore County Bar Association, where she has been a member since

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November 2021

1992. Within the BCBA, she has been a past chairperson for both the Bench/Bar and Criminal Law committees.

In 2014, Judge Epstein was appointed to serve as a Family Law Magistrate in the Circuit Court for Baltimore County, where she presided over family and juvenile cases as well as the Family Recovery Support Program. The Family Recovery Support Program aims to provide intensive and structured treatment to families battling chronic substance abuse disorders. Under her leadership, the program expanded to provide families with wrap-around support beyond treatment services including parenting classes, lifestyle classes, and guidance on time and money management.

Judge Epstein has also served as chair of the Magistrate Education Subcommittee for the Judicial College. That subcommittee was charged with providing educational

November 2021

support to Magistrates across the state of Maryland.

On August 12, 2021, Judge Epstein was appointed to the Circuit Court bench by Governor Larry Hogan. She was sworn in on August 31, 2021, during a small ceremony with family due to COVID restrictions.

Outside of work, Judge Epstein enjoys spending time with her family and their adorable cats, Reagan and Kennedy. On May 23, 2021, she married Ken Epstein. Her son, Robbie Schenker, a 3rd generation UB Law graduate, works as an attorney for the House of Ruth. She is enjoying her time as a circuit court judge so far and already has two jury trials under her belt. She will be beginning the family law rotation on January 1, 2022.

The Advocate

– Erika C. Surock

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BCBA Spotlight Law Clerk Spotlight - Gabriela Beese Gabriela Beese is the current judicial law clerk for the Honorable Julie L. Glass in the Circuit Court for Baltimore County. Gabby is from the Baltimore County area and attended both elementary and middle school at the School of the Cathedral in Baltimore. She then attended Notre Dame Preparatory (NDP) in Towson, Maryland for high school and then Saint Mary’s College of Maryland.

While at NDP, Ms. Beese played soccer, lacrosse, and badminton. As a senior, Ms. Beese was the captain of the badminton team and was also the junior varsity soccer captain. Her love for sports continued through college, where she played varsity lacrosse and served as the team’s captain during her senior year.

In addition to playing lacrosse at St. Mary’s, Ms. Beese was an ambassador for Love Your Melon, a company that sells hats and donates a large percentage of proceeds to childhood cancer research. She also worked on the Desk Project, where she and other students built desks to send to schools in Africa. As if Ms. Beese wasn’t busy enough playing sports and giving back to the community, she also double majored in Political Science and International Public Policy and minored in Spanish. She also had the opportunity to study abroad at the Universidad Pablo de Olavide in Seville, Spain.

After graduating from St. Mary’s in 2018, Ms. Beese headed to the University of Baltimore for law school where she became involved in the law school community right away. She was an active member of the Phi Alpha Delta Law Fraternity, where she served as president and merchandising and marketing chair. While at UB, Ms. Beese also was a teaching assistant for Professor Angela Vallario’s Trusts and Estates class, a research assistant for Professor Max Oppenheimer, and a Law Scholar for Professor Phillip Closius’ constitutional law class.

While studying at UB, Ms. Beese was able to take advantage of several great legal opportunities outside of the classroom. She started as a judicial intern for the Honorable Audrey J.S. Carrion in the Circuit Court for Baltimore City, where she conducted research for a complex, three-week, medical malpractice trial that resulted in record-breaking damages. In both the spring of 2020 and 2021, she taught medical students at the

Gabriela Beese Johns Hopkins School of Medicine, alongside a practicing physician, about medical malpractice litigation.

In the spring of 2020, Ms. Beese also worked as a corporate counsel extern for Phillips Food and Seafood Restaurants, Inc., where she reviewed and amended various contracts with long-term vendors and suppliers in the U.S. and abroad. Prior to beginning her judicial clerkship with Judge Glass, Ms. Beese was a law clerk for Henry Belsky at Schlachman, Belsky, Wiener & Davey, P.A., where she primarily researched and analyzed complex civil matters including negligence, gross negligence, and strict liability.

Ms. Beese is looking forward to the invaluable training and experience that judicial clerkship has to offer and is really enjoying her time as a judicial law clerk so far. Outside of work, Ms. Beese enjoys spending time with her puppy, Hazel Rey, who she rescued in March 2020. She is also a current member of the National Puerto Rican Senior Women’s Lacrosse Training Team and recently won a silver medal at the Pan American Lacrosse Association qualifying tournament to participate in the 2021 World Cup of Lacrosse.

– Erika C. Surock

Your ad could be here! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 42

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November 2021

Law Clerk Spotlight - Amy Moore Amy Moore is currently serving as judicial law clerk for the Honorable Judith C. Ensor in the Circuit Court for Baltimore County. Unlike many law clerks, Ms. Moore is fairly new to Baltimore. She grew up north of Atlanta and attended high school in Duluth, Georgia. Before finally making her way to Baltimore, she spent her undergraduate career at the University of South Carolina (USC).

Ms. Moore attended Northview High School in Duluth, Georgia and was on the swim team for all four years, serving as captain of the team her junior and senior years.

Ms. Moore attended the USC’s Honors College, where she graduated cum laude with her bachelor’s degrees in both Political Science and Criminal Justice.

While at USC, Ms. Moore wrote a thesis titled Child Advocacy in South Carolina. She was also a member of both the mock trial team and the Phi Alpha Delta Fraternity. While in college, Ms. Moore worked as a legal assistant for two years at the Law Offices of Alex Postic, where she had her first experience communicating with clients and reviewing discovery.

Ms. Moore also worked as a legal assistant at the Kana Law Office, located in Columbia, South Carolina. While there, she worked with other attorneys preparing for hearings, trials, and mediations. She also gained extensive experience drafting documents for all stages of family law litigation, including motions, orders, and settlement agreements.

While at USC, Ms. Moore met her fiancé, who is from Baltimore, so in 2018, after college, she left the south and headed to the University of Baltimore for law school.

At UB, Ms. Moore was a member of the Family Law Association, where she served as a past treasurer. She was also a member of and served as secretary for the UB Women’s Bar Association. Ms. Moore also participated

Amy Moore in UB’s family law clinic as a student attorney, where she provided pro bono representation to clients in family law and domestic violence civil matters. Ms. Moore also worked as a law clerk at Howanski and Erdman, LLC. Ms. Moore graduated from UB cum laude in May 2021 and started her judicial clerkship shortly thereafter. Because Ms. Moore is not originally from the Baltimore area, she is mostly looking forward to learning more about the Baltimore legal community through her clerkship. She is recently engaged and just got a Corgi puppy named Bean with her fiancé.

She also enjoys working out and bike riding on her Peloton, which is her favorite COVID purchase.

– Erika C. Surock

Check out our YouTube channel!

Follow us and receive notifications when we post a video. bit.ly/BCBAYouTube November 2021

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Wellness with Wendy We have all been there. Between the hours of 5-7 PM, we are DRAGGING. We cannot wait to stop working, drive home, eat dinner, and crawl into bed. If we have little ones, we pray our kiddos are also tired. We pray they will brush their teeth the first time you ask and go to sleep without putting up too much of a fight. Or, if we have tweens or teens, we think about telling them they can put us to bed tonight because we are just bleeping TIRED! All you can think about is your nice cozy bed and being done with the day. You are counting down the hours and minutes until you are in your PJ’s and your eyes are closed. You are just freaking done.

But then we get home . . . there is a mountain of laundry and somewhere in there are the elusive soccer socks that your daughter HAS to bring to school in the morning, the dishwasher needs to be flipped, homework needs to be reviewed and signed, dinner is had, the dog is walked and chased around the yard, kiddos are FINALLY tucked in, perhaps a little later than you hoped and then . . .all of a sudden . . .

WE HAVE ENERGY! We caught that second wind! We think to ourselves “SCORE!!!” Somehow, we activated our superhero powers and we “realize” we never really needed to go to sleep! We are moms after all – we ARE superheroes and superhumans.

So, all of this makes quite a lot of sense. We just thought we needed sleep.

If only this were true. If only that second wind was actually good for you.

Wait, what?

I am so sad to tell you that the second wind we all get is not to be used for housework, television, or powering on your laptop. That second wind is actually a huge signal that we should be asleep. I know I barely scratch the surface here on sleep and what it means. I know we are all wired a bit differently. However, I read this excerpt recently and I want to share it with you. It was a HUGE “AHA” for me and it has been an AHA for some of my life coaching clients as well.

In Shawn Stevenson’s “Sleep Smarter,” he talks about this second wind and what it really means: “Around 10:00 p.m., your body goes through a transformation following the natural rise in melatonin. The purpose of this transformation is to increase internal metabolic energy to repair, strengthen, and rejuvenate your body. Heightened production of antioxidant hormones happens at this time to help protect your DNA from damage, improve your brain function, and more. If you’re asleep as normal during this phase, all 44

is well. However, if you’re up when 10:00 p.m. rolls around, that increase in metabolic energy can be experienced as a ‘second wind.’”

Why does this matter? Stevenson goes on to explain that when we dig into that second wind to “do stuff” or watch Netflix (cough cough), we are inhibiting our body from repairing itself and removing free radicals (the stuff that causes illnesses, aging, etc.). If we experience that second wind, it is also harder to fall asleep, which leads to more sleep deprivation and just more plain, old tiredness.

Again, I know this is just a tiny nugget on the topic of the incredible importance of sleep. However, the concept of the WHY behind the second wind is new to me and I wanted to share it with you. It happens to all of us, we all do it, we all need that time of the quiet house to ourselves to just BE. However, lest this becomes a habit, try to limit your “second wind” nights to nights you plan for them and really do need them as a mental health break. Not as something you rely on nightly to simply get all of the things done.

If you are looking into improving your sleep, I really like a lot of the common sense approaches, backed by science, that Stevenson discusses in his book, “Sleep Smarter.”

Finally, while I am NOT a sleep doc or a sleep expert, I CAN BE your accountability coach to start living the life you want to live. If that means more sleep, I am happy to discuss different ways this can work in YOUR life and why this matters in particular to YOU. If you have no idea how you are going to go to bed earlier and still rock it as a mom, I am your gal. If you are curious to see what it is like working with me as a life coach, please get in touch to learn more!

This month’s Wellness with Wendy is a blog post entitled, “Mama’s Second Wind,” which was originally published on October 18, 2021 on Wendy’s blog, found on her life coaching website, www.wendysmeadows.com.

The Advocate

– Wendy Meadows wendy@wendymeadowslaw.com November 2021

Ask The Trial Doctor Now and Then - The Use of Present Recollection Refreshed and Past Recollection Recorded A lawyer writes in…

Hey Doc, Help me out with something, will you? I can never keep the rules straight about using a witness’ prior writings during the course of testimony. I always seem to mess them up.

Could you…uh…refresh my memory on this?”

Iffy Recall

Dear Iffy, I would be happy to help. The key to the problem is focusing on whether the witness can recall the details of the event at all, even with some outside, previously recorded help.

Judge: You may show them to the witness. Ms. Jones, when you have reviewed the notes, please turn them over during your testimony. You may refer to them again as needed if you are unable to remember something in particular about your medical treatment. You may continue, counsel.

In this instance, after refreshing her present recollection with the notes, the witness was able to testify about her medical care. Here, the evidence is her testimony, not the notes themselves, which are not admitted. But what happens if, even with the prior recorded notes, the witness cannot recall the event? That exam looks like this: [Ms. Jones has reviewed the notes about her treatment.]

If, at the time of trial, the witness states that he or she cannot answer a question about an event with which the witness was once familiar, almost anything can be used to refresh the witness’ recollection about that event. Such an exam might go like this:

Q: All right, Ms. Jones, can you answer the question now?

Q: Ms. Jones, what medical treatment did you receive in the weeks and months following your accident?

Q: Do you think that you made these notes at the time you received the medical care?

A: Well, I know I went to the doctors a bunch of times, but I am sorry. I really can’t recall all the specifics. It was a couple of years ago, you know.

A: I am pretty sure that I did. I can remember that much.

Q: Did you keep any notes or other recordings of your treatment at the time you received it?

A: Yes, I did. After every visit, I wrote down who I saw, how I was feeling, and what the doctors did for me.

Q: Would those notes be helpful to you in remembering the details of your treatment?

A: They sure would. They would be a lot of help.

Your Honor, may I approach the witness for the purpose of refreshing her recollection and show her the notes she made concerning her medical treatment? These notes have been previously provided to counsel in discovery.

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A: I am really sorry. Since the accident, I came down with COVID, and I have a hard time remembering much of anything these days. I have to be honest. I just don’t remember a lot about my treatment, even after reviewing my notes.

Your Honor, I ask that the witness be permitted to read her notes into evidence as past recollection recorded pursuant to MD. RULE 5-802.1(e). They were made by the witness contemporaneously with her treatment and contain details which the witness cannot now recall.

Judge: The witness will be permitted to read the notes into the record.

Unlike the first example, the notes are now the evidence inasmuch as the witness cannot testify about her care. Keep in mind that the notes are not admitted but the information in them may be read verbatim to the finder of fact.

So, Iffy, you may want to write these rules down just in case you later need to…ahem…refresh your recollection of them.

The Advocate

– The Trial Doctor

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November 2021

Baltimore County Bar Association Family Law Committee

Meet the Magistrates and a Celebration of the Retirements of Magistrates Brown and Gilbert Tuesday, November 2, 2021 | 5:30-7:30 pm

PROGRAM CHAIR Christine Malanga, Esquire

LOCATION Rec Room Patio | 514 York Rd, Towson, MD 21204

COST $40; Includes heavy hors d’oeurves and drinks.

REGISTRATION Registration Required. Click HERE to register.

Please join us for a happy hour on the outside covered patio at the Towson Tavern.

The current Baltimore County Magistrates will be in attendance as will the newly retired Magistrates Brown and Gilbert. Enjoy conversations with the Magistrates and your family law colleagues.

Professionalism Committee Professionalism From the Bar: A discussion regarding Professionalism and the Internet

Thursday, November 4, 2021 | 5:00-7:00 pm

SPEAKERS Timothy Gunning, Esquire

Ari Kodeck, Esquire Kimberly Saxon, Esquire Laurie Wasseman, Esquire PROGRAM CHAIR Jennifer W. Ritter, Esquire LOCATION Barley’s Backyard | 408 York Rd, Towson, MD 21204 COST BCBA Members, Free; Non-Members, Free REGISTRATION Registration Required. Click HERE to register.

Link emailed upon registration.

A discussion regarding the need for professionalism and civility in online communications including social media and how what you say on the Internet can impact you professionally.

If you wouldn’t say it in person, don’t say it in an email or on social media!

November 2021

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Baltimore County Bar Association Family Law Committee

Meet the Family Support Services Division Wednesday, November 10, 2021 12:00 pm-1:00 pm

SPEAKERS

Briana Shirey, LCSW-C, Family Support Services Coordinator Maia Woods, Evaluator Howard Rollins, Evaluator Natasha Dunlap, Evaluator Gabrielle Romanoski, Evaluator Antonieta Villalobos, Administrative Assistant Linda Heilman, Investigator Alayna Greenbaum, MSW Student Nneka White, Part-Time Evaluator

Christine Malanga, Esquire

PROGRAM CHAIR

LOCATION Zoom

COST

REGISTRATION

BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register.

Link emailed upon registration.

Meet the staff members of the Family Support Services division of the Circuit Court for Baltimore County. Learn about the resources available to our clients, information we should share with our clients about the available resources, and what we can do to assist the staff members as they provide services to our clients.

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The Advocate

November 2021

Baltimore County Bar Association Diversity & Inclusion Committee

What Diversity Means to Me Thursday, November 16, 2021 | 5:30 pm

SPEAKERS James Dills, Esquire, the District Public Defender for Baltimore County PROGRAM CHAIR Raphael J. Santini

LOCATION Zoom

COST BCBA Members, Free; Non-Members, Free

REGISTRATION Registration Required. Click HERE to register.

Link emailed upon registration.

Mr. Dills will speak on the topic of, “What diversity means to me & diversity & inclusion in his practice area.”

Estates & Trusts Committee

Succession Planning Wednesday, November 17, 2021 | 5:00 pm

SPEAKERS Jason Griswold, State Farm Insurance Richard Huffman, Weyrich, Cronin, & Sorra David Cole, Esquire, Coon & Cole, LLC PROGRAM CHAIR David Cole, Esquire

LOCATION Zoom COST BCBA Members, Free; Non-Members, Free REGISTRATION Registration Required. Click HERE to register.

Link emailed upon registration.

Basic succession plans and strategies for a small or family business.

November 2021

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Baltimore County Bar Association Family Law Committee

Meet the Mediators Wednesday, December 1, 2021 12:00 pm – 1 pm

SPEAKERS

Annamaria Walsh, Director, Office of Family Mediation Anamari Anderson, Mediator, Office of Family Mediation Adrienne Mather, Mediator, Office of Family Mediation Bintou Ouattara, Mediator, Office of Family Mediation Elizabeth Haight, Mediator, Office of Family Mediation

PROGRAM CHAIR

Christine Malanga, Esquire

LOCATION Zoom

COST

BCBA Members, Free; Non-Members, Free

REGISTRATION

Registration Required. Click HERE to register.

Link emailed upon registration.

Meet the staff of the Circuit Court for Baltimore County’s Office of Family Mediation.

Learn about the role they play in our cases and what we can do to assist them to more effectively assist our clients. They will also share tips with us to allow us to better prepare our clients to participate in the mediation process.

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The Advocate

November 2021

Baltimore County Bar Association Diversity & Inclusion Committee

What Diversity Means to Me Thursday, December 2, 2021 | 5:30 pm

SPEAKERS The Honorable Scott D. Shellenberger, States Attorney for Baltimore County PROGRAM CHAIR Raphael J. Santini

LOCATION Zoom

COST BCBA Members, Free; Non-Members, Free

REGISTRATION Registration Required. Click HERE to register.

Link emailed upon registration.

Mr. Shellenberger will speak on the topic of, “What diversity means to me & diversity & inclusion in his practice area.”

Estates & Trusts Committee

Taking Aim at Firearms: What the Estate Planning Attorney Should Know Wednesday, December 8, 2021 | 5:00 pm

SPEAKERS Britt Stouffer, Esquire PROGRAM CHAIR Mary O’Byrne, Esquire

LOCATION Zoom

COST BCBA Members, Free; Non-Members, Free

REGISTRATION Registration Required. Click HERE to register.

Link emailed upon registration.

Many client situations that we encounter as estate planning attorneys may involve firearms. Whether planning for guns as estate assets, counseling about the removal of firearms from a client’s home for safety, arranging for safe-keeping of guns as a trustee or agent under a power of attorney, or getting that call from a client who doesn’t yet know they’ll need a criminal attorney, attorneys need to know what to do, how to advise, and whom to call. Join us to learn more about how to be prepared for a variety of circumstances involving firearms.

November 2021

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BALTIMORE COUNTY BAR ASSOCIATION

ANNUAL MEMORIAL SERVICE Join us as we honor BCBA members

Ed Blanton Harry Fox Christopher Hansen Norman Lauenstein Edward Seibert Jack Sturgill, Jr. Hon. Alexandra 'Sandy' Williams NOVEMBER 18, 2021 | 3:30 PM CLICK HERE FOR VIRTUAL EVENT LINK

IT'S THE HOLIDAYS, LET'S CELEBRATE! BALTIMORE COUNTY BAR ASSOCIATION

HOLIDAY PARTY

December 9, 2021 | 6 PM Inverness Brewing | 16200 Markoe Rd, Monkton, MD 21111 Members and Non-Members: $60 per person IT'S WORTH THE DRIVE Call an Uber, it's cheaper than a DUI! Uber discount code will be provided to all registrants

REGISTER HERE

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The Advocate

November 2021

November 2021

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The Advocate

November 2021

Baltimore County Bar Association

SAVE the DATE

Stated Meetings: 10/21/21 2/17/22 6/16/22

Follow Us On Facebook

   Aberdeen Ironbirds Game and Crab Feast August 21 6pm

Party in the Plaza: Celebrating 100 Years of the BCBA

Ravens Tailgate

Law Clerk Orientation & BCBA Happy Hour The Pointe, Towson September 30

October 17

September 23

Memorial Service Zoom November 18 3:30p.m.

Black Tie Banquet Martin's Valley Mansion

Young Lawyers Holiday Lunch December 2 12-2pm

November 2021

December 9

BCBA Chopped Champion Live Results Show

Bowling Outing February TBD

March 9 6pm

January 27

Law Day Breakfast & Noon Ceremonies May 2

Holiday Party

Golf Tournament TBD

Bar Wars Team Trivia Barley’s Backyard in Towson April 5

Young Lawyers Field Day TBD

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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 (T) 410-337-9103 (F) 410-823-3418 www.bcba.org

Member Advertisements OFFICE SPACE AVAILABLE CATONSVILLE

Office Space Available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256.

Office Space for Rent. 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.

OWINGS MILLS

Offices to rent: Share space with two solo Family Law practitioners. One or two offices available in a convenient office park off Red Run Boulevard.

Includes use of conference room, kitchen, and in suite bathroom. Call Steven at 410-979-8250

TOWSON

Two offices to rent. We are a block from the courthouse. Use of office, telephone, copier, and fax, plus secretarial space are included. Call Frank at 410-296-6820.

Nicely furnished office space with parking, half block from circuit court.

Pete McDowell 410-960-2536.

Two to three offices within existing office space, just below 695, free parking, furnished if desired, use of telephone, copier, fax, conference room, Internet, paralegal/secretarial help available. Anne 410-337-8577 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom, and kitchen on first floor, free parking space available, rent negotiable $50-$100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-823-4214 or 410-790-1980.

HIRING Small firm in Towson looking for an experienced, part-time legal assistant/ secretary two to three days a week.

Any experienced candidates should contact Robert Jacobson at 410-583-8883.

Don’t forget to update your information on our website!

Click here to access or go to www.bcba.org