Advocate December 2021

Advocate

The

December 2021

Newsletter of the Baltimore County Bar Association

VOLUME XXXI, NO. 5

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 Signature Sponsors - Corporate CRC Salomon Minnesota Lawyers Mutual Multi-Specialty HealthCare Nota by M&T Vallit Advisors December 2021

Partner Sponsor - Corporate Sandy Spring Bank Supporter Sponsors - Corporate AbacusNext Health Quest The Advocate

1

The President’s Message and from the party with pickups in Pikesville and Towson.

Contact Rachel Ruocco at rruocco@bcba.org to sign up for the shuttle. Limited seating available.

We are approaching the halfway point of the bar year, though it feels as though it just began yesterday. The BCBA has done quite a bit despite COVID-19 and, maybe, because of COVID-19, as well.

This month’s cover photo features our Chairpersons’ Dinner celebration from shortly before the Thanksgiving holiday. I hope and trust that everyone safely enjoyed Thanksgiving festivities with family and friends from far and near. While we cannot know exactly what lies ahead, the BCBA’s full calendar of events and programs gives us an optimistic glimpse into the future.

The BCBA will host its Holiday Party on December 9, 2021, at Inverness. I hope you can join us for what I know will be a festive and fun event. While the drive to Monkton is a bit longer than our prior venue in Towson, Inverness provides plenty of room for spacing and air circulation with the backdrop for a rural holiday setting. I assure you, it will be well worth the trip. We will be offering a free shuttle to

With the turn of the calendar, we will of course celebrate our Centennial Black Tie Banquet at Martin’s Valley Mansion in Cockeysville. I remain convinced that our legal community needs the camaraderie enjoyed by resuming this memorable event, which draws attorneys from across the state. This annual milestone event will have plenty of wonderful surprises this year while also observing all reasonable safety precautions. Indeed, our COVID-19 task force continues to assess the environment as we consider whether to limit the number of attendees. As a result, I urge each of you to order your tickets promptly before they sell out.

We have so many other extraordinary events and programs between now and then and beyond, but I am especially excited about our first BCBA Field Day scheduled for June 2022. I know June of next year seems like a long time from now, but it will be here before we know it. Our Field Day will be in lieu of our Bull and Oyster Roast this year, but there will be plenty of food, family events and activities, and laughter because, as we all know, everyone loves a field day!

Stay tuned for more details. Please also help the BCBA by responding to our membership-wide survey that will be circulated in the next few weeks.

Happy and healthy holidays to you, your families, and our neighbors. Stay well and safe!

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

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.

2

The Advocate

December 2021

2021-22 Officers

President President-Elect Secretary Treasurer

Stanford 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

Inside This Edition

Tracee Orlove Fruman Committee Chair Tommy Tompsett Committee Vice-Chair

Contributing Writers Hon. Vicki Ballou-Watts Jon S. Cardin David H. Cole Hon. Syeetah Hampton-EL Ari Kodeck Bill Levasseur, Jr. Christine Malanga Snehal Massey Zarena Sita Ericka C. Surock Annamaria M. Walsh Laurie Wasserman Kiernan Waters

Ask the Trial Doctor.............................................................. 39 Baltimore County Bar Foundation......................................... 11 BCBA Annual Banquet............................................................ 8 Committee Chairpersons’ Dinner......................................... 29 Committee Reports Estates & Trusts Committee............................................... 22 Professionalism Committee................................................ 23 Family Law Committee...................................................... 24 Diversity & Inclusion Committee....................................... 28 COVID-19 and the Practice of Law..................................... 20 Investiture of the Honorable Garret P. Glennon................... 30 In Chambers with the Honorable Colleen A. Cavanaugh.... 32

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.

Lawyers Assistance................................................................... 7

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

by The Advocate.

and/or Alcohol Disorders ................................................. 14

Publication deadline: 20th of the month preceding publication.

December 2021

New Legislation: The Legislator’s Perspective....................... 12 Notice to the Bar: Holiday Visitation Disputes........................ 5 Sentencing .. Alternatives for Defendants with Significant Drug Spotlight on Law Clerks......................................................... 36 Spotlight on Minnesota Lawyers Mutual............................... 35

The Advocate

3

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

8-1 #1 8-1 #2 8-1 #3 8-1 #4 8-1 #5 8-1 #6 8-1 #7 8-1 #8 8-4 #1

DECEMBER 2021

1

2

3

6

7

8

9

10

13

14

15

16

17

20

21

22

23

KP KYW

X KYW

KP KYW

KP* KYW

MWS KYW

KP KYW

X KYW

KP KYW

KP KYW

KP KYW

KP KYW

X KYW

KP KYW

NRS X

LR MH

LR DGF

X BEF

24 H

27

28

29

30

MWS X

MWS X

MWS GJP

X MWS

O

31 H O

KDP

X

X

KDP

KDP

KDP

X

X

SDW

KDP

KDP

X

X

NB

X

X

X

L

GJP/am

X

X

X

L

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

I

GJP

GJP

GJP

I

KDP

NRS

KP

SDW

X/am GJP/ pm

X

X

X

X

X

X

X

X

X

X

X

X

D

DJW/ pm DJW/ am SDW

X

X

X

DJW

NRS

X

X

DJW/ am X/pm RAK X X/am DJW/ pm

NBS

A

SCZ X DJW

Y

MWS

KDP

X

X

8-4 #2

LR/ pm KMT

KMT

NRS

LR/ pm KMT

MLR

KMT

KMT

KMT

LR/ pm KMT

KMT

KMT

KMT

KMT

KMT

MLR

DJW

X

8-4 #3

KEM

MLR

DGF

NB

KMT

SCZ

MLR

SDW

KJR

MLR

MLR

LR*

MLR

MLR

KMT

MLR/ am X/pm

MLR

A

8-4 #4 8-4 #5 8-4 #6

SCZ KJR MLR

SCZ KJR LR

SCZ KJR KMT

SCZ KJR MLR

SCZ KJR LR

MLR* KJR LR

SCZ KJR LR

MLR KJR LR

DGF MLR* SCZ

SCZ KJR* LR

SCZ KJR LR

SCZ SDW KJR

DJW KJR GML

SCZ DJW LR

SCZ DJW NBS

SCZ X X/am MLR/ pm

SCZ SCZ DJW

Y

X X KJR

X X KJR

8-5 #1

BEF

BEF

BEF

BEF

BEF

MWS

BEF

BEF

BEF

BEF

BEF

LR

LR

BEF

BEF

BEF

MTP

O

BEF

BEF

BEF

BEF

O

8-5 #2

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

B

X

BEF/am X/pm

MTP

MTP

B

8-5 #3 Chambers

LAP

LAP

LAP

SDW

LAP

LAP

LAP

LAP

LAP

LAP

LAP

LAP

LAP

KJR

KJR

KJR

JMJ*

S

X

SDW

MTP

NRS

S

LR/ am MWS

KP KDP

LR/ am

DJW*

DJW*

LR/ am DJW*

DJW * KP MWS

MWS

X

D

JUDGES: KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, DJW-Dorothy J. Wilson KMT-Kimberly M. Thomas, KJR-Krystin J. Richardson, LR- Leo Ryan, MLR-Marsha L. Russell, SCZ-Susan C. Zellweger, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps, MH-Miriam Hutchins, KEM- Keith E. Mathews, NRS-Norman R. Stone, DGF-Darryl G. Fletcher, NB-Nathan Braverman, SDW-Steven D. Wyman, GML-George M. Lipman, NBS-Nancy B. Shuger, JMJ-JoAnn Ellinghaus-Jones, RAK-Ronald A. Karasic

Judges’ assignments are subject to change without further notice

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

4

The Advocate

December 2021

The Family Law Judges, Judges Ensor, Hanley, Glass, Battista, Nagle, and Cavanaugh, will be available to consider holiday visitation disputes from Monday, November 15, 2021 through Friday, December 17, 2021.

Only cases that have an ORDER in place on custody/visitation are eligible for holiday visitation dispute resolution.

To obtain intervention of the Court, contact Abigail Cohen, Family and Civil Case Manager, by email at abigail.cohen@mdcourts.gov or by calling 410-887-6575.

The following information should be provided, in writing, to Ms. Cohen:

1.

Name of the Case

2.

Case Number

3.

What the last order, if any, states with regard to visitation

4.

Name and telephone number of attorney or party on the other side

5.

What efforts (stating facts) you have made to reach an agreement with the other side

6.

The specifics of what you are requesting as relief

7.

The specifics of what the other side has offered, if anything Ms. Cohen will review the file to determine the appropriate handling to include mediation or referral to a Family Law Judge. If mediation is unsuccessful, the case will then be referred to a Family Law Judge for further handling. Once you are assigned a Judge, you may contact the Judge’s chambers on the next business day.

If a case has been filed along with a response but no custody Order is in place, then the parties may contact the Office of Mediation at 410-887-6570 to schedule a mediation session on the issue of holiday access.

December 2021

The Advocate

5

Court Notices The following message is from Martha K. White and William R. Levasseur, Jr. -----------------------------------------------------------------------------------------------------------------Dear Bar Colleagues: Judge Cavanaugh has asked us to send out the following information from the November 3, 2021, Family Division Meeting: 1.

Holiday Visitation Disputes: Please see the attached Notice to the Bar regarding Holiday Visitation Disputes, 2021 (In effect from November 15, 2021 through December 17, 2021).

2.

Postponement Requests: Postponement requests that are filed due to an attorney having a conflicting court event will only be granted if the conflicting event was scheduled before the event sought to be postponed. Further, any such Postponement Request should be filed immediately upon learning of a conflict. Failure to do so may result in your postponement being denied.

3.

Special Assignment: If you are involved in a Specially Assigned Case, make sure the Court is aware of this when scheduling hearings and trials.

4.

Child Access Evaluations and Special Issue Investigations: Please promptly advise the Office of Family Support Services in the event a settlement has been reached for any cases where a Special Issue Investigation or Child Access Evaluation has been Ordered.

5.

Affidavits of Service and Pre-Hearing Contempt Conferences: To ensure that PreHearing Contempt Conferences proceed as scheduled, Affidavits of Service need to be timely filed specifically referencing which Petition for Contempt and Show Cause Order were served.

Very Truly Yours, Martha White Bill Levasseur Bar Co-Liaisons to the Baltimore County Family Division

6

The Advocate

December 2021

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

December 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

7

Baltimore County Bar Association, Inc.

100 County Courts Building | 401 Bosley Avenue | Towson, Maryland 21204-4491

2022 Annual Banquet Ticket Request Information The Annual Banquet will be held at Martin's Valley Mansion 594 Cranbrook Road, Cockeysville, MD 21030 Thursday, January 27, 2022 Cocktails - 6:30 p.m., Dinner - 7:30 p.m.

The Banquet is a Formal/Black Tie event for ATTORNEYS ONLY. You must provide the name of who will be using the ticket(s) and they must be a barred attorney. Tickets are nontransferable. The venue requires that every person have an assigned ticket and seat.

BCBA Member Tickets $150* Non-Member Tickets $180* *If purchased by Friday, January 7, 2022.

After January 7, 2022: Members $170 and Non-Members $200.

DEADLINE FOR ORDERING BANQUET TICKETS IS FRIDAY, JANUARY 14, 2022.

Refunds will not be issued after this date.

Please Return the following:

1. Ticket & Table Request Form (whether you are purchasing 1 ticket or 10, you will be assigned to a table).

3. Payment. Checks payable to Baltimore County Bar Association or provide credit card info on the Ticket & Table Request form. We cannot send invoices for tickets. Your ticket is your guarantee.

4. Dues. If you are ordering a Member ticket, we will hold ticket requests until dues are paid.

5. A SELF-ADDRESSED, STAMPED ENVELOPE.

8

Check this out! The Baltimore County Bar Foundation will be holding a silent auction fundraiser at the Black Tie Banquet.

More information The Advocate to follow.

December 2021

Annual Black Tie Banquet Ticket & Table Request Form

BAR DUES MUST BE PAID TO GET MEMBER TICKET PRICING. Contact Name, Phone Number & Email: __________________________________________________________________________________ __________________________________________________________________________________ Table Name (feel free to be creative!) if purchasing 6-10 tickets:______________________________ __________________________________________________________________________________ PLEASE ONLY LIST NAMES INCLUDED WITH PAYMENT, OR ATTACHED.

1.______________________ Member___Non-Member___

6.______________________ Member___Non-Member___

2.______________________ Member___Non-Member___

7.______________________ Member___Non-Member___

3.______________________ Member___Non-Member___

8.______________________ Member___Non-Member___

4.______________________ Member___Non-Member___

9.______________________ Member___Non-Member___

5.______________________ Member___Non-Member___

10._____________________ Member___Non-Member___

Notes:____________________________________________________________________________________________ __________________________________________________________________________________________________ Any dietary requests must be pre-ordered at the time of registration. Thank you.

Name on Credit Card____________________________________________________ Credit Card Number_____________________________________________________ Expiration Date____________________SEC#________________________________ Credit Card Billing Zip Code______________________________________________ Email Address ______________________________________________________ Mail To: BCBA 100 County Courts Building 401 Bosley Avenue Towson, MD 21204 - Fax To: 410-823-3418 December 2021

Email To: Rachel Ruocco at rruocco@bcba.org.

The Advocate

9

Annual Black Tie Banquet Seating Arrangements Tickets must be purchased for a barred attorney.

There is separate pricing for Members and Non-Members of the Baltimore County Bar Association.

Members' dues must be paid before a ticket will be issued.

Each person will have an assigned table.

If you would like to sit with a group or exclusively with your firm, all ticket request forms must be submitted together. Each table seats 10, and because this event sells out, any open seats will be filled by individuals purchasing single tickets.

Those who send in complete groups of ticket request forms will be given priority. The deadline for requesting seating arrangements is January 7, 2022.

We kindly request that all who wish to attend be fully vaccinated.

While we understand that some people will purchase tickets in order to attend the reception only we understand thatstaying some people purchase order to attendthis the reception only do not intend to on sell andWhile do not intend on for will dinner, we tickets highlyin discourage practice.

It and is impossible staying dinner, we highlyand discourage this practice.

It is impossible sell tickets as purchases if the reception tickets as ifforthe reception banquet are separate events.toEach ticket a and seatbanquet at a table are separate events. Each ticket purchases a seat at a table for dinner, and it is extremely discouraging to have an for dinner, and it is extremely discouraging to have an entire table reserved, yet empty for dinner. entire table reserved yet empty for dinner. However, if this is your intention, PLEASE notify Bar Staff at the time of However, if this isyour your intention, PLEASE Barconsideration Staff at the of your ticket purchase. ticket purchase. Thank you fornotify your kind andtime cooperation.

Thank you for your kind consideration and cooperation.

#BCBAProm

10

The Advocate

December 2021

Baltimore County Bar Foundation Did you know that the Baltimore County Bar Association (BCBA) has a philanthropic arm, the Baltimore County Bar Foundation (BCBF), designed to foster and maintain the honor and integrity of the profession of the law; to improve and to facilitate the administration of justice; to enhance and improve the image of lawyers; and to promote the study of the law?

The BCBF provides financial support for non-profit programs and organizations that have a significant relation to the Baltimore area community. Since 2019, the BCBF has provided grants totaling almost $40,000.00 to non-profit organizations seeking to: provide legal services for those in need; educate the public regarding law and the legal system; and improve the image of lawyers and of the legal profession through lawyer participation in community outreach programs and other good works.

In 2020, grants were distributed to the following: • Community College Baltimore County for its Civics & Law Academy program.

• Conflict Resolution Center of Baltimore County, assisting individuals to resolve conflicts through mediation and alternative dispute resolution.

• St. Ambrose Housing Aid Center, a non-profit whose mission is to create and maintain equal housing opportunities for low- and moderate-income people.

• Turnaround, Inc., who provides training to volunteers to expand their ability to assist survivors of sexual assault, intimate partner violence, and human trafficking.

• Community Assistance Network, a Baltimore County- based organization working to develop, operate, and support programs that reduce vulnerability and promote personal growth, stability, and self-sufficiency among lowincome residents.

These grants are funded through tax-deductible donations from members of the BCBA, as well as other fundraising efforts held throughout the year. This includes a silent auction to be held at the 2022 Black Tie Event. Additionally, donations can be made when you pay your BCBA dues or by contacting the Bar Office at 410-337-9100.

The BCBF appreciates any support as it considers additional grant applications for 2022.

December 2021

The Advocate

11

New Legislation The Legislator’s Perspective the use of a grand jury in any county, to ensure they have full investigative power regarding any incident.

Sexting – From now on, HB180 allows the Courts to handle consensual sexting differently from child pornography if the minors are within four years of each other and it is determined to be appropriate. Courts can order less severe programming instead of detention.

Expanded access to disciplinary records - HB1248. The public will now have access to police disciplinary records and logs of previous incidents, which have been shielded from communities in the past. The rationale is another effort to ensure police accountability.

Sexual activity with Police – SB43 expands the people with whom police are prohibited from engaging in sexual activity to include witnesses, victims, and suspects in said officer’s open cases.

Delegate Jon Cardin In October, hundreds of new laws passed by the legislature and signed by the Governor went into effect. Understanding what’s changed and what it means can sometimes be overwhelming. As a practicing attorney here in Baltimore County and a four term state delegate, I thought it may be helpful to navigate an understanding of some of this new legislation.

A complete list of laws that went into effect this year can be found here.

Police and Judicial Reform In the wake of many avoidable tragic deaths, including but not limited to Freddie Gray and Breonna Taylor, policing reform became a national issue and aside from pandemic relief was clearly the biggest priority of the 2021 session.

After months of hard work, deliberation, communication with stakeholders, votes, and vetoes, we are finally seeing the impact of the reform hit the streets.

Investigation of Civilian Deaths - One significant policy change is the creation of a unit in the Attorney General’s Office to investigate all civilian deaths at the hand of Maryland police. The purpose of this panel is to ensure that the police are subject to the standard of care befitting of their vital role and to bolster accountability for officers who willingly use unnecessary or excessive force. To this end, the investigative unit has been given a wide range of legal tools, including the power of a state’s attorney and 12

Expungements – SB201 now requires that any police report of a civil and criminal matter that is at least three years old and has resulted in a dismissal, not guilty, or an acquittal be automatically expunged. No paperwork for these types of cases should be required to be filed.

No-knock warrants SB178 - Limitations have now been placed on when and how police may use no-knock warrants by specifying the narrow situations in which they may be granted, requiring state’s attorney sign off and limiting them to daytime hours. With the help of state’s attorneys including our own Scott Shellenberger, I drafted the language and led advocacy for this legislation.

The expectation is that these laws will ensure the safety of both our law enforcement officers and those who may be present while executing these warrants. As a young lawyer, I took a case to the Court of Special Appeals with essentially the same fact pattern as Breonna Taylor and lost my 4th Amendment argument. Another tragedy like what happened to Breonna Taylor is unlikely to occur given the protections in this new law.

Public Health and Safety Drug alternatives - Pharmacists are now required to make customers aware of the cheapest alternative to a prescribed brand-name drug. This measure gives patients more information to make better decisions about their medications.

Cybersecurity - Going forward, Maryland’s Secretary of Information Technology will be required to advise the legislative and judicial branches of the state on the condition of cybersecurity and ransomware software.

The Advocate

December 2021

With a rise in ransomware attacks, lawmakers can stay committed to improving technological infrastructure and make efforts to stop these attacks before they happen.

Diversity and Anti-Discriminatory Legislation End to Gay Panic Defense - HB231. It was past time that Maryland got rid of the gay panic defense, an antiquated law that allowed mitigation based on the discovery of unknown sexual orientation differences. For example, in the past, murder charges could have been reduced to manslaughter if the killing was a result of the discovery of the unexpected sexual orientation of the victim. I am researching whether we should link the abolition of the panic defense to the hate crime statute so that all protected classes are equally free from an action that could be mitigated by a panic defense. With the limited repeal of this law, we are nonetheless sending a message that hate crimes will not be tolerated at all. Furthermore, gender identity is now a subset of sexual orientation as it relates to the hate crime statute (HB128).

Commission of LGBTQIA+ Affairs - In another effort to extend protections and address the needs of the LGBTQIA+ community, (HB130) a commission on LGBTQIA+ affairs has been created in the Governor’s Office of Community Initiatives. The commission will be required to produce annual reports that provide recommendations for policies to end discriminatory practices against LGBTQIA+ individuals.

Elections Extended hours for early voting HB206 and HB745 - In continuing to promote the right to vote, new laws extend the hours in which early voting centers are required to be open for general presidential elections (7 am to 8 pm) and for all other primary and general elections (10 am to 8 pm).

The legislation increases the number of early voting centers available in some counties. Furthermore, we now allow every eligible voter to place themselves on a permanent absentee list so that they will automatically receive an absentee ballot until or unless they decide to change their status so that they can again vote in person.

December 2021

Other laws for you to be aware of Fines for the intentional release of balloons - HB391. Anyone over the age of 13 who intentionally releases a balloon or mass of balloons can be subject to fines of up to $100.

This is one of many small steps the legislature has taken in recent years to prevent plastics and other synthetic materials from being introduced into ecosystems and harming the environment.

Affordable housing for recent graduates - This new law allows the Maryland Department of Housing and Community Development to assist current students or recent graduates of four-year colleges and universities to purchase lowinterest homes within certain proximities of their schools.

This legislation aims to boost the economy by helping young people purchase homes while using their degrees to benefit their communities.

Shortened Sentences - SB494 prohibits the court from giving a minor tried as an adult a life sentence without the possibility of parole.

Victims’ Access to private rooms – HB193 requires law enforcement to make private rooms available to victims of violent crimes who come to report, be interviewed or have any other interactions with law enforcement.

The legislature’s intentions with these laws will have real consequences on us as lawyers and our clients, as well as all Marylanders. Nevertheless, there is always more to do to improve the safety and quality of life of everyone in the state. Even more, as we will see with police reform and other complex issues, the laws will have to be amended as we learn the best ways to achieve the stated goals of equity, transparency, and justice.

I hope to have the chance to follow up with more detail on these and other legislative initiatives. Please don’t hesitate to reach out to my office at jon.cardin@house.state.md.us with any comments or insights.

The Advocate

– Jon Cardin, Esq., 11th District Delegate

13

Baltimore County Community Forum Sentencing Alternatives for Defendants with Significant Drug and/ or Alcohol Disorders On October 28, the Maryland Judiciary’s Equal Justice Committee (EJC), through its Community Outreach Subcommittee, hosted a virtual forum for Baltimore County on the topic of “Sentencing Alternatives for Defendants with Significant Drug and/or Alcohol Disorders.” The Community Outreach Subcommittee was joined in this effort by two local Community Partner organizations, the Baltimore County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. and the Morning Star Baptist Church of Woodlawn, Maryland. The Community Partner organizations helped identify the topic, assisted in developing questions for the panelists and promoted the forum in the community.

Baltimore County Circuit Court Judge Vicki BallouWatts serves as chair of the EJC Community Outreach Subcommittee and opened the forum, which was the second in a series of forums to be held in jurisdictions across the state on a variety of topics. The purpose of the forums is to increase awareness about the role of the judiciary, its services and programs. The forums also help members of the judiciary understand how the courts can provide better service to the community.

The Baltimore County Community Forum panelists included Circuit Court Judge Nancy Purpura; District

Court Judge Kimberly Thomas; Scott Shellenberger, State’s Attorney for Baltimore County; James Dills, District Public Offender, Baltimore County Public Defender’s Office; and Deputy Director Renard Brooks, Baltimore County Department of Corrections. Attorney Kimberly Robinson served as the forum moderator.

The panelists explained the connection between drug addiction, alcoholism (and mental health issues) and many of the criminal cases in circuit and district courts. According to State’s Attorney Shellenberger, “…better than 85% of crimes that happen in Baltimore County …have a drug, alcohol or mental health component[.]” State’s Attorney Shellenberger and District Public Defender Dills discussed some of the challenges in prosecuting and defending cases involving defendants with substance abuse and/or mental health disorders. They both expressed the need for additional resources and alternatives to sentencing where appropriate to address public safety, rehabilitation and public health concerns. District Public Defender Dills also expressed appreciation for the change in perception about the nature of addiction among many members of the judiciary.

To highlight the extent of drug addiction, alcoholism and mental health issues among those entering the local detention center, BCDC Deputy Director Brooks shared statistics

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

Click here to access or go to www.bcba.org 14

The Advocate

December 2021

on the number of inmates who require detoxification services. Each month, 550 to 600 of those entering the local detention center are medically assessed. Between 150-200 arrestees must be detoxed because of an opioid addiction. An additional 75 to 90 require detox services due to alcoholism. As Deputy Director Brooks explained, the failure to provide detox services can lead those in custody to become medically fragile resulting in significant illness or even death. He also described important treatment, peer counseling and re-entry services available to inmates as they transition back into the community.

One of the alternatives to traditional sentencing for Defendants with significant drug and/or alcohol disorders is the Adult Drug Court Program. Judge Purpura and Judge Thomas, the presiding judges for the respective Baltimore County Circuit and District Court Adult Drug Courts, discussed the main features of these specialty programs for Defendants with a primary diagnosis of substance abuse disorder. These programs offer a collaborative approach between agencies with intensive supervision and treatment, wrap around community - based services, frequent court interaction and a system of graduated incentives and sanctions. The Circuit Court program is available for repeat offenders who meet certain eligibility requirements. The District Court program is available to both pre-charge candidates and post plea defendants who must also meet eligibility requirements.

The Maryland Judiciary‘s Equal Justice Committee was created in 2020 by former Chief Judge Mary Ellen Barbera in the aftermath of the George Floyd, Breonna Taylor and Ahmaud Arbery cases. Its purpose is to examine all aspects of the Maryland judiciary and court system in order to “build the knowledge and proficiencies of judges and judiciary personnel to strengthen the judiciary’s commitment to equal justice under the law…” This effort includes a review of sentencing laws such as those that require mandatory minimum sentences, examining judicial philosophies; consideration of judicial training to determine if more can be done to address implicit bias and other concerns that may lead to inequitable results. During the summer of 2021, the EJC hosted virtual listening sessions to obtain public feedback on Maryland laws.

This Baltimore County forum was the second in a series of virtual forums held by the EJC ‘s Community Outreach Subcommittee. The first community forum was held in July 2021 on the topic of juvenile justice. An Anne Arundel County forum on sentencing was held on November 18.

Several additional forums are scheduled for early 2022.

– Hon. Vicki Ballou-Watts

Although the District Court has a mental health docket to address competency issues, Judge Thomas expressed hope that an application for a Baltimore County District Court Adult Mental Health Court for individuals with a primary diagnosis of a mental health disorder, will soon be approved by the judiciary’s Office of Problem-Solving Courts.

December 2021

The Advocate

15

Drug Treatment Court Description • Drug Treatment Court is a voluntary, non-adversarial, judicially supervised program for substance abusing offenders charged in the Circuit Court. The goal of the Drug Treatment Court is to reduce drug dependency by utilizing community resources in an intensive program that combines treatment with comprehensive support services to enable eligible offenders to sustain a crime-free, sober life.

• If you are interested in the program, your attorney will go over your legal eligibility with you and determine if it appears that you are a good candidate. If so, he/she will make an official referral to the Drug Treatment Court Team.

• If you are found to be legally eligible for the program, you will meet with the Drug Treatment Court Coordinator for an intake where you will provide preliminary information regarding your past history, and the Coordinator will explain the program to you in detail, go over the handbook and requirements, and set up a substance abuse assessment to be administered by a Treatment provider.

• After the intake, if you are found to be amenable to treatment and still want to voluntarily enter the program, your defense attorney and the prosecutor will negotiate a plea agreement in your case(s). Your attorney will review the details of your plea agreement with you and the requirements of Drug Treatment Court with you, again, so you have a complete understanding of what to expect. Once the terms are agreed upon, your case will be scheduled for a hearing where you will plead guilty in accordance with the plea agreement.

Sentencing will be held sub curia, and you will be placed on probation which is supervised by Parole and Probation. At that point, you will officially be entered into the program.

• Once you’re admitted, the Drug Treatment Court program will last a minimum of 16 months, but could take longer to complete. You will be required to successfully complete all of the requirements of your individualized treatment plan. Some of the things you will be expected to do include, but are not limited to: • Attend substance abuse treatment • Mental health counseling (if needed) • Submit to random urinalysis as requested • Adhere to anything Parole and Probation requires • Attend self-help meetings (in the beginning you will be required to attend 90 meetings in 90 days) • Abide by a curfew of 10pm–6am every day • Reside in Drug Treatment Court approved housing • Complete at least 40 hours of community service • Weekly check-ins with the Court • This program includes very close supervision throughout your time in the program; however, you will be given an individualized case management plan specifically tailored to your needds.

The entire team will work with you to help you meet your goals. Your good behavior will be rewarded and poor performance will be met with sanctions.

• This is just a brief overview of the program. If interested and eligible, your attorney and the Drug Treatment Court Coordinator will explain the program requirements with you in more detail.

16

The Advocate

December 2021

Court Notices

Eligibility Criteria • The Participant must be 18 years of age or older.

• The Participant must be a Baltimore County Resident and/or must be willing to reside or remain available in the jurisdiction for 18-24 months.

• The Participant was charged with a felony in the Circuit Court for Baltimore County.

• The Participant must have a substance abuse use disorder and a history of criminogenic risks and needs.

• The Participant is not currently on Probation, unless the Circuit Court judge to whom the offender is on probation agrees to transfer supervision to the Drug Treatment Court Program or, by agreement, agrees to hold any probation in abeyance, unless the offender has been terminated from the Drug Treatment Court Program.

• Substance Use Disorder is evident and is the primary diagnosis as defined by the ASAM PPC-IIr criteria.

• The Participant must participate in a Risk/Needs assessment indicating a high level of criminogenic risk and need factors.

• The Participant must be willing to participate voluntarily.

• The Participant must be amenable to treatment.

• The Participant must be willing to sign a written agreement upon entry to the program.

• The Participant must be willing to sign appropriate consents to release protected and confidential information in accordance with HIPPA HHS 42 CFR Part 2 with and between all substance abuse treatment providers, medication-assisted treatment providers, and mental health treatment providers, and/or other program providers providing service in accordance with the Drug Treatment Court case management plan.

• The Participant must be willing to comply with housing requirements and have access to a phone and/or maintain face-to-face contact with the team.

• The charge must be one of the following:

• A non-violent, Circuit Court felony

• A violation of probation (as specified above)

Eligibility criteria can be waived at the discretion of the DTC Staff on a case-by-case basis.

December 2021

The Advocate

17

Disqualifying Factors • Offenders under the age of 18.

• Offenders who are not residents of Baltimore County.

• Offenders with a case originating in District Court.

• Offenders eligible for diversion programming or a lesser restrictive means of supervision.

• Offenders with prior convictions for, as well as, attempts or conspiracy to commit any Crimes of Violence as defined by the MD CR §14-101.

• Offenders charged with any degree of Arson, Child Abuse (physical or sexual, regardless of age), Child Pornography (possession, manufacturing, distribution), Firearms, Rape, or Sexual Offenses.

• Offenders identified as a dealer for profit with no substance use dependence diagnosis.

• Offenders who a registered sexual offender.

• Offenders with ongoing active gang affiliation.

• Offenders with active detainers or warrants.

• Offenders whose substance abuse assessment does not indicate Substance Use Disorder.

• Offenders with severe mental health issues that are not able to be managed in a community-based mental health treatment program.

• Offenders who are unwilling to participate voluntarily.

• District Court or JTP charges.

• Violent Offenses or a propensity toward violent behavior.

• Offenses which may be considered a threat to public safety.

• First-time offenders.

• Current or prior felony weapon offenses.

• Parolees or mandatory release offenders.

• Any unresolved legal issues in other jurisdictions.

Criteria may be waived at the discretion of the Drug Treatment Court team on a case-by-case basis. Exceptions may be made to the Crimes of Violence clause if the conviction occurred 10 or more years earlier.

18

The Advocate

December 2021

DRUG TREATMENT COURT REFERRAL FORM Date:

___________________________________________________________

Defendant’s Name: ____________________________________ DOB:__________________ Case Number (s): ___________________________________________________________ Defendant’s most CURRENT address and phone number:

SEND OR EMAIL FORM TO: Jessie Roberson Drug Treatment Court Coordinator 401 Bosley Avenue Towson, MD 21204 Email: Jessica.Roberson@mdcourts.gov Phone: 410-887-2199

__________________________________________________________________________________________________

__________________________________________________________________________________________________ Is the Defendant currently incarcerated?

No If yes, where?

Yes

BCDC

DOC

Other:___________________________

REFERRAL MADE BY: Judge:

____________________________________________

________________________

Defense Counsel:

____________________________________________

________________________

State’s Attorney:

____________________________________________

________________________

(Name)

(Name)

(Name)

(Phone)

(Phone)

(Phone)

Brief summary of why you believe that the defendant is a candidate for Drug Treatment Court:

___________________________________________________________________________________________________ __________________________________________________________________________________________________ ___________________________________________________________________________________________________ Drug Treatment Court eligibility requirements are: • Adults who are 18 years of age or older • Baltimore County Resident • Non-violent offenders • Substance abuse is the primary diagnosis • Willing and able to consent to enter the Drug Court Program Considering the eligibility criteria, are you aware of any circumstances that may make the Defendant ineligible for Drug No Treatment Court? Yes If yes, please briefly explain: __________________________________________________________________________ __________________________________________________________________________________________________

December 2021

The Advocate

19

Commentary COVID-19 and The Practice of Law The COVID-19 pandemic has impacted our lives both personally and professionally. Even the practice of law has changed. We went from in-person trials, hearings, and settlement conferences to a mix of in-person and remote proceedings. However, while continuing remote appearances and limited in-person contact, the rules of practice have not changed. Whether appearing for trial in the District or Circuit Court or appearing at the Office of Administrative Hearings (OAH), the Maryland Rules and the OAH Rules of Procedure remained steady. These rules and regulations serve as our guide to the practice of law, whether appearing in-person or remotely from your kitchen table.

During this time, we all learned about the flexibility of the rules that govern our profession. I have heard many describe the law as having a lot of grey areas, and we certainly experienced that during the height of the pandemic. Many practitioners, let alone pro se litigants, asked how to file a

20

pleading, submit a line of appearance, or even request a postponement when buildings were closed to the public. The inability to enter a building and submit filings in the clerks’ office puzzled many. But we have persevered and relied on the rules and updated websites to guide us through the new processes. We all have become experts at using Zoom, Cisco Webex, or any other videoconferencing platforms. How many times have we said, “You are on mute, and I cannot hear you?”

Although the pandemic is not over, we have learned to live in this “new normal.” Without a doubt, the practice of law has changed, but the rules and the regulations remain our guide as we weather this pandemic. As we continue to in our respective roles during this pandemic, I hope everyone stays safe.

The Advocate

– Hon. Syeetah Hampton-EL

December 2021

Get Back on Track with the Vision You Once Had for Your Business Now is the time to regain perspective and become strategic to make your vision a reality.

Become the CEO of your firm, your career and your life. Now is the time to face reality, identify exactly where you want to take your practice and map out a course of action to make it happen.

Our Small Business Advisory is a coaching and accountability program delivered quarterly in which we provide the structure and tools necessary for you take a step back and see the “big picture.”

Growth Solutions Team’s Small Business Advisory Program provides you: Structure to map out your vision, goals and a plan to achieve them

Real world, “Boots on the Ground” help from our Team to get your practice where you want to go

Content designed to further your knowledge and apply it immediately in your role as the leader in your organization

Private, individual coaching sessions to hold you accountable

Interact with colleagues to share ideas and gain insight from their experiences

Direction on how to leverage your resources Strategies to seize opportunities and reach your potential

Accountability is your KEY to success!

Growth Solutions Team offers a wide variety of coaching solutions and tools for your practice to establish goals and help you meet them. Contact us today to determine the right solution for your practice. Because your practice is a BIG deal.

Phone: 443-501-2201 | Email: office@GSTeammail.com | GrowthSolutionsTeam.com

December 2021

The Advocate

21

Committee Reports Estates & Trusts Committee: Succession Planning Webinar On November 17, 2021, the Estates & Trusts Committee presented a well-attended webinar on Succession Planning for the Small or Family Business. David H. Cole, Esq. (Coon & Cole, LLC) and Richard J. Huffman, CPA (Weyrich, Cronin & Sorra, LLC) spoke about the legal and tax strategies for the family business owner, including many practical questions and considerations a business owner and its advisors are likely to face.

Statistically, family-owned businesses account for a significant majority of all companies worldwide, yet only a minority of them survive to the next generation. The panelist, therefore, emphasized the need for attorneys and accountants to help business owners develop concrete plans for the longevity of the company and the inevitable transfer in ownership, including the urgency of early planning.

Topics addressed included navigating a company’s succession time frame, potential future expansion, employment of family members, and charting a path for family members and key employees to take on more responsibility and qualify for ownership. In addition, the panelists gave an overview of

options for structuring the conveyance of ownership to a successor, whether by gift or sale, including options for the financing thereof. Finally, the seminar also addressed issues that could arise in the sale of the business itself.

In all, the need for present business valuation was highlighted as it provides hard figures for mapping the succession plan, negotiation of buyouts, and financing any sale of interests.

Indeed, as presented, tax considerations may heavily influence the approach that is in the client’s best interest.

Mr. Huffman discussed his starting point of identifying a “best case” scenario based on current law and known factors, then projecting the tax impact to the owner’s estate and beneficiaries, charitable options, state residency considerations, future anticipated changes in law, and even estate planning concerns for future generations. If desiring to keep the business in the family, tax implications on gifting, with the uncertainty regarding future estate and gift lifetime exemptions, were discussed.

The speakers also noted the challenges many businesses are forced to deal with in the planning process and how early planning is highly recommended in order to give the client the opportunity to develop and implement a tailor-fit plan unique to his or her business. They stressed the paramount importance of understanding the client, including not only its needs and goals but also the details of how its business operates (and who operates it). It was recommended that clients use a collaborative approach to succession planning in order to incorporate the advice of a team of advisors, including attorneys, accountants, financial planners, and business evaluators, into the client’s succession plan.

Many thanks to the Estates & Trusts Committee and Mr. Huffman for contributing to this very helpful program.

– David H. Cole, Esq.

22

The Advocate

December 2021

Professionalism Committee: Professionalism From The Bar On November 4, 2021, the Professionalism Committee held an in-person discussion on the outdoor rooftop of Barley’s Backyard in Towson. Attendees were warmed with space heaters and a lively discussion about civility in communications between attorneys, as well as the use of social media. Libations and appetizers were provided to attendees. A panel consisting of four attorneys from different areas of practice led the discussion, which was moderated by Jennifer Ritter, Assistant State’s Attorney in Baltimore County.

Panel members were Laurie Wasserman of The Law Office of Laurie Wasserman, Kimberly Saxon of Saxon Legal, Timothy Gunning of Wyatt & Gunning LLC s, and Ari Kodeck, Assistant Attorney General.

Each panelist brought to the discussion distinct perspectives from their individual practice areas. Ms. Wasserman practices family law; Ms. Saxon is a transactional attorney who specializes in representing businesses and lenders on a range of legal matters; Mr. Gunning primarily practices criminal defense, personal injury, and professional malpractice; and Mr. Kodeck handles civil litigation for the Department of Public Safety and Correctional Services. Although their practice areas differ, all of the panelists agreed that it’s best to be civil and respectful when dealing with opposing counsel, especially when those communications are in writing. In addition, the panelists agreed that social media, especially

December 2021

when used by their clients, is fraught with risks that could be detrimental to their case and beneficial to the other side.

Although the discussion could easily have continued beyond the allotted hour, the pearls of wisdom shared were abundantly clear: before pressing ‘send’ on your email or text, and before mailing that letter, take a step back and ruminate. Maybe even observe the “24-hour rule.” All too often, as lawyers we are quick to respond, potentially escalating an already tense situation, rather than taking a step back and allowing some time to let cooler heads prevail.

Once you press send, caveat emptor!

The Advocate

– Ari Kodeck, Esq.

23

Committee Reports Family Law Committee: Meet the Family Services Division On November 10, 2021, the Family Law Committee hosted a program entitled, “Meet the Family Support Services Division.” The Family Law Committee Chair for the 2021– 2022 bar year, Chris Malanga, Esquire, also served as the program chair for this event.

Briana Shirey, LCSW-C assumed the Family Support Services Coordinator role when Mary McNeish Stengel retired in February of 2021. Briana involved her entire staff in the virtual program. The program attendees were introduced first to the Division Evaluators: Maia Woods, Natasha Dunlap, Gabrielle Romanoski, and part-time (contractual) Evaluator Nneka White. Unfortunately, Evaluator Howard Rollins was unable to attend the virtual event. The attendees were introduced next to Investigator Linda Heilman, the Administrative Assistant, Antonieta Villalobos (who, Briana commented, keeps the whole place running), and a current MSW student and Intern Alayna Greenbaum. Chris Malanga asked each panel member to briefly introduce themselves and provide some background about their credentialing and the professional path that brought them to the Baltimore County Family Support Services Division.

Many practitioners are familiar with the Family Support Services Division’s role in partnering with the Office of Family Mediation. When functioning in this role, the Division assists the Mediation Office in screening cases prior to and during our scheduling conferences. Briana reported that all custody cases would be referred to the Co-Parenting Divorce Classes, except for individuals who have completed those classes within the past two years.

Additionally, depending on the presence of any domestic violence or other intimate partner violence (IPV) factors, all cases will also be scheduled for Custody Mediation.

In addition to assisting with those responsibilities, the Division, coordinated through the Office of Family Support, also provides Child Access Evaluations (CAE), Special Issue Investigation (SII), home studies, investigations (background), substance abuse evaluations, random drug screening, supervised visitation, and monitored (visitation) exchanges. Briana went on to describe all of these functions in greater detail: Child Access Evaluations (CAE): When ordered in a case (usually where there are safety concerns, domestic violence issues, etc.), a licensed clinical social worker evaluates each family and provides the Court 24

with a report summarizing the family history, including recommendations based on the “best interest of the child” standard. The process of the evaluation mainly consists of the social worker meeting separately with each party and their child(ren), conducting parent/child(ren) observations, and, of course, the home visit. These evaluations can be very extensive and time-consuming, involving the collection of records from other sources such as schools, DSS, and the Police Department. In each case, a Custody Evaluation Conference is held to provide the attorneys and parties the opportunity to ask clarifying questions about the evaluation. Presently, the evaluations are being scheduled into April of 2022. Pendente lite hearings will not be scheduled until any CAE or SII reports are completed. Betty Domozych, from the DCM Office, explained this is to ensure that the evaluation or investigation is available to the trier of fact before any custody issues are tried.

Specific Issue Investigation (SII): This is a relatively new service, developed about two or three years ago by the Division. Briana described this function as “CAE Lite” because when the Court orders this service, it is usually focused on one area of primary concern that needs to be investigated to assist the Court in determining what is in the best interest of the child. A report summarizing the information collected is prepared, but this report does not include recommendations. However, the report may include some “suggestions” on how the family can move forward on the issue under investigation (which could be, for example, a child refusing to visit with a parent; or a parent with mental health struggles). At the conclusion of the Special Issue Investigation, there is no joint conference with the attorneys and parties as there is with the CAE, but after completion, the case can go to mediation (except for cases where domestic violence has been identified as a concern). The present time frame for getting these investigations completed also runs out to April of 2022. [Briana also identified a computer glitch that makes the due dates for these reports appear as a “hearing” on assignment notices. They are working to fix that problem, but in the meantime, Briana invited attorneys to call her if they have any questions about it].

Home Study: This function includes, as its name suggests, a visual inspection of the inside and outside of the parents’ homes. A home study may be ordered in cases where issues have been raised about inappropriate,

The Advocate

December 2021

unsanitary, or unsafe conditions of the home or homes of the parents. The purpose is to identify any obvious safety concerns and provide feedback on the overall condition of the home. It will also include all members of the household, providing a description of the sleeping arrangements and relationships within the household. At this time, these home studies are conducted completely virtually, as they will be for the foreseeable future. Linda Heilman explained in great detail how she approaches these studies, beginning with asking the parties to use their smartphone or other device outside of the house to make sure that the address is visually confirmed; from there, she can direct the parties to show her different places in the house, especially places with areas of concern. Linda reported that virtual home studies involved quite a learning curve for her initially, but she thinks they are going well now. Moreover, there appears to be better compliance from the parties because they don’t necessarily have to take time off from work to allow for the inspection.

Investigation: This function may include criminal background checks and/or collection of protective services, medical, substance abuse, mental health, and/ or academic records.

The monitoring occurs by a social worker and a case manager who also objectively record their observations.

Monitored Exchanges: Maia Woods reported that at least as of November 10, 2021, no monitored exchanges were occurring at the Baltimore County Visitation Center, but the staff can supervise the exchange of children between parents and also objectively record their observations in cases where the Court has ordered such exchanges.

Chris Malanga made a few closing remarks to the attendees, thanking the staff of the Family Support Services Division for their time, preparation and insights. The program was very well received by the attendees. For any practitioners who find themselves in a case requiring any of the services outlined in this article, it is highly recommended that you visit the Bar Association’s archive of virtual programs and watch this one in its entirety.

The Baltimore County Circuit Court Family Support Services is located at 401 Bosley Avenue, Room 515, County Courts Building, Towson, MD 21204; the phone number is (410) 887–8614. The Visitation Center of Baltimore County (the Alms House) is located 9811 Van Buren Lane Cockeysville, MD 21030; their phone number is (410) 887–6990.

– Bill Levasseur, Jr., Esq.

Substance Abuse Evaluation: When ordered (usually in cases with a documented history of substance abuse), the party(ies) submit to an evaluation at the Baltimore County Department of Health to assess the party’s substance abuse history and make recommendations for services that may be needed to facilitate recovery.

The panel stressed that the parties must consent to this evaluation and that drug screening can be included as part of it.

Random Drug Screening: If a Substance Abuse Evaluation determines that substance abuse may be an issue in any case, then random drug screening may be ordered for one or more of the parties. Again, the parties must consent to this service.

Supervised Visitation: Maia Woods reported that the Baltimore County Visitation Center is, once again, open for business, but on a relatively limited basis. If you are ever in need of these services, the Visitation Center has its own brochure setting forth important information, including the days of operation which are Saturday, Sunday, Tuesday and Friday. Of course, these supervised visitation services can only be accessed via court order, which can be issued in situations where there are allegations of abuse, domestic violence or other high-risk factors and/or where a parent simply lacks child access.

December 2021

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

The Advocate

25

Committee Reports Family Law Committee: Basics of the MASIC On October 27, 2021, Annamaria M. Walsh (Office of Family Mediation) and Brian Shirey (Family Services Coordinator) of the Circuit Court for Baltimore County provided members of the BCBA Family Law Committee with a demonstration of the “Mediator’s Assessment of Safety Issues and Concerns - Short, with Danger Assessment” (MASIC-S w/DA), a screening tool used to identify intimate partner violence (IPV) in child access cases and assess appropriateness for mediation. The Circuit Court is testing the tool as part of a study being conducted

by Indiana University and supported by the Administrative Office of the Courts as the judiciary examines best practices around screening cases for mediation.

The screening is done as part of an intake interview conducted with each party approximately two weeks prior to the scheduling conference. Cases are randomly assigned to one of two interview formats - a Zoom interview conducted by a staff member from the Family Mediation or Family Services office, or as a self-administered online questionnaire. The interview is a confidential mediation communication, and the responses are not subject to discovery. Due to its sensitive nature, the party should be in a safe and private location during the interview. Attorneys are not expected to be present for the interview, and the party’s responses are not shared with the Court or with the other party. However, a copy of a party’s responses can be provided to their attorney of record upon request and with

the party’s consent. In interviews where the party’s responses indicate a heightened level of IPV or risk of harm, the contact information for local domestic violence resources is provided to the party.

Generally, the interview takes 15-20 minutes to complete, but it can take longer depending on the party’s responses and how much they wish to share with the screener. Ms. Walsh and Ms. Shirey demonstrated a worst case scenario in which every possible type of IPV was indicated in the interview, triggering the longest version of the questionnaire and lasting approximately 45 minutes. Attendees asked a number of questions and pointed out some potential barriers to the successful use of the tool - such as the difficulty of completing the questionnaire on a cell phone, the need for gender inclusive language, and the need to adopt the interview for non-English speakers.

The study in the Circuit Court is expected to last 9-12 months. The MASIC-S w/DA is a work-in-progress and input from attorneys is welcome. Currently, there is no sample for attorneys to give their clients to prepare them for the intake interview. However, attorneys are encouraged to talk with their clients after the intake interview about the experience. Feedback and suggestions for improvement can be shared with OFM by emailing Anna Walsh at Anna.Walsh@mdcourts.gov.

– Ari Kodeck, Esq., Annamaria M. Walsh, Esq., and Laurie Wasserman, Esq.

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

26

The Advocate

December 2021

Family Law Committee: Meet the Magistrates and

a Celebration of the Retirements of Magistrates Brown and Gilbert Paliath, McBee and Polley were all in attendance.

Additionally, we were joined by our newest magistrate, Sidney Francois, who was sworn in the day after our gathering. In addition to the magistrates, three Circuit Court judges joined us for our meeting: Judges Cahill, Epstein and Glennon. The informal setting (and perhaps the cold) provided the perfect chance for members to interact informally with our magistrates and judges.

On a cold and rainy evening, about 50 members of the Family Law Committee gathered on the outside patio of The Rec Room in Towson. While the promise of outside heaters to keep us warm did not come to fruition, the gathering was a success despite the cold temperatures. After eight months of COVID-19 restrictions, we all seem to be joyful whenever we have a chance to gather in person. This was no exception.

The November 2, 2021 meeting gave us the opportunity to interact with the current family law Magistrates outside of the formal courthouse setting. Magistrates Beck, Woods,

We also had the opportunity to celebrate the retirement of two of our family law magistrates: Rick Gilbert and Phyllis Brown. An Advocate article titled “A Salute To Master Rick” by Leon W. Berg, Esquire was included in the September/ October 2020 issue and an article titled “Magistrate Brown: A Three-Part Tribute” by Magistrate Woods, retired Magistrate Gilbert and Sally Gold, Esquire was included in the June 2021 issue. We shared some informal stories at our gathering and then moved back to our cocktails and conversation.

Twenty members of our committee contributed to gifts given to Magistrate Brown and Magistrate Gilbert. We learned that Magistrate Brown enjoys Peerce’s and that Magistrate Gilbert enjoys Joey Chiu’s. So, gift certificates to those two restaurants were obtained for them. The initial goal was to simply present them each with one gift certificate; however, the generosity of our members allowed us to also provide each of them with a gift certificate to the newly reopened Milton Inn and also to Southwest airlines. The giving spirit of this committee has been present throughout this bar year.

I appreciate all of the support from the committee for this program and me as committee chair.

– Christine Malanga, Esq.

December 2021

The Advocate

27

Committee Reports Diversity & Inclusion Committee: What Diversity Means to Me Event The BCBA’s Diversity and Inclusion committee continued its “What Diversity Means to Me” speaker series. This series is intended to be an opportunity for us to learn how organizations throughout our county implement diversity in their practice and workplaces. This month we were privileged to hear from James (“Jim”) Dills, the District Public Defender for Baltimore County, and Gayle Robinson, the Deputy District Public Defender for Baltimore County.

recommendations to the county executive about systemic changes in terms of hiring, training, policing, practices, and accountability. Jim and Gayle also established community partnerships with church groups to forge relationships and foster communication in order to change the messaging about what the OPD does. They are engaging with county councilman, Julian Jones, to implement strategies to work on implicit biases that are present in county services.

Jim began by sharing that his mother, an immigrant from Korea, raised him and his sister without the cultural identity of being part Korean. His mother believed a singular cultural identity—American—would help him and his sister better assimilate into American culture. He reflected that his mother emigrated from Korea when she was 22 years old and that she practiced her English for hours to achieve her goal of speaking without an accent. Jim also shared that although he grew up with a lack of diversity (he was only one of 10 minority students in his Pennsylvania high school), he never considered the impact of a lack of diversity.

Jim described his first true experience with diversity, which was in college when he was fulfilling his community service requirement at Christopher’s Place in Baltimore City. It was only then that he saw a different socio-economic class and more brown faces than he ever had – this experience was a transformative one for him.

Gayle shared her reflections of growing up and being part of the bussing movement. She stated that integration and desegregation were supposed to fuel diversity, which compels her to accept that the status quo is not okay. She said to foster and increase diversity, we need to continue to speak up and question the status quo to effectuate meaningful and lasting change. She noted that desegregation evolved to where we are now.

Jim defined DEI as the “acknowledgment, appreciation and celebration of everyone’s differences in ways that do not hold or set one group over another while working towards a similar goal.” He shared that George’s Floyd’s death forced him to reflect and react; he realized that even he, a career public defender, wasn’t doing enough on a personal and professional level. This realization empowered him to make personal changes. Those changes included what he was reading, who and how he was interacting with people, and most importantly whether he was really listening to people.

Jim also realized that as an office, the OPD needed to be involved in the conversations that were happening in other community spaces. To that end, he invited his office to the Baltimore County Equitable Policing Workgroup which made

28

Jim emphasized that the Agency appointed a DEI director in the beginning of 2020 to ensure their policies and procedures are in alignment with their stated goals. As an agency, the OPD has focused on training internally within the office, mandated DEI hours for all staff, and hosted town hall meetings which led to difficult, uncomfortable, and necessary conversations where staff honestly shared their experiences within the agency. Jim emphasized that having uncomfortable conversations is an integral step in moving the needle forward within the agency.

Jim and Gayle noted that in the Towson office, they have been focusing on retention. They realized that the core staff (predominantly minority) have been in the same positions for 15 years without anywhere to go so they have begun creating new positions so that people aren’t stuck and they feel valued for what they do. Gayle is also working on establishing an expungement clinic that will be held monthly.

The Diversity and Inclusion Committee will continue its speaker series next month when Scott Shellenberger speaks on diversity and inclusion at the Office of the State’s Attorney in Baltimore County.

The Advocate

-Snehal Massey, Esq.

December 2021

Committee Chairpersons’ Dinner

After a long hiatus, which began even before the pandemic, the Baltimore County Bar Association resumed its Chairpersons’ Dinner event last month. Held at Citron at Quarry Lake, the dinner hosted the chairpersons and vice-chairpersons for each of this bar year’s committees.

This beautiful evening of fine dining with old and new friends will not soon be forgotten. As an added bonus, thos in attendance were able to celebrate Stu Cherry’s birthday with a fantastic cake and heart-felt singing of Happy Birthday. This dinner get-together was a small token of thanks to our committee leaders for their service this year. While we are just under halfway through this bar year, this was the perfect time to meet, celebrate our events to date, and strategize for the events and programs that follow. Our cover this month reflects the festivities of our dinner at Citron. Cheers and happy holidays to all!

– Stanford G. Gann, Jr.

December 2021

The Advocate

29

Investiture Ceremony Investiture of the Honorable Garret P. Glennon The Investiture Ceremony for recently appointed Circuit Court Judge Garret P. Glennon was held on the afternoon of October 26th, 2021, in Ceremonial Courtroom 5 of the Old Courthouse. The formal ceremony began with the Pledge of Allegiance and introductions of the District and Circuit Court judges in attendance, State’s Attorney Scott Shellenberger, local dignitaries, Judge Glennon’s wife, two daughters, mother, and mother- and father-in-law. Circuit Court Administrative Judge Ruth Jakubowski also welcomed those who were attending the ceremony virtually via Zoom, a first for a Circuit Court Investiture Ceremony.

Judge Glennon in his career as an assistant state’s attorney.

Judge Cahill expressed his appreciation for Judge Glennon “keeping the trains running on time” during rough dockets in front of him and that is one of the many facts that lead Judge Cahill to have confidence in Judge Glennon’s ability to hit the ground running as a circuit court judge. Finally, Judge Cahill charged Judge Glennon with shedding his team jersey for a striped referee’s shirt and added that he had every confidence that Judge Glennon would grow into a fantastic judge.

Following Administrative Judge Jakubowski’s welcome, Michelle Glennon, Esquire, Judge Glennon’s wife, gave opening remarks. Mrs. Glennon, taking a cue from her husband, began with a few phrases you may typically hear from a prosecutor, “the evidence will demonstrate,” and “the facts are straight forward” to great laughter. Mrs. Glennon gave an emotional snapshot of Judge Glennon as the kind of man who shovels neighbors’ snow-covered walkways unasked, plays Prince Charming and reenacts the Cinderella ballroom dance in his living room with his daughters, and is gifted a book and thank you note by a murder defendant’s mother following a guilty verdict. Mrs. Glennon spoke about Judge Glennon’s kindness and his civility both as a husband and as a lawyer.

The assembly next heard from Leonard Shapiro, Esquire, who spoke of Judge Glennon’s tenure as a law clerk to the Honorable Judge Christian M. Kahl of the Circuit Court for Baltimore County. Mr. Shapiro also spoke about Judge Glennon’s consistent professionalism over the years and the fairness with which Mr. Shapiro knows Judge Glennon will approach all of his cases from the bench. Mr. Shapiro closed by formally moving for the investiture of Judge Glennon.

The Honorable Jennifer Schiffer of the Circuit Court for Baltimore City seconded the motion for the investiture of Judge Glennon. Judge Schiffer commented about her time as an Assistant State’s Attorney alongside Judge Glennon for almost twenty years and how she was able to get to know Judge Glennon as intelligent, hardworking, principled, and humble. Judge Schiffer offered words of wisdom from the bench, quoting Chief Justice John Roberts of the Supreme Court of the United States, “judges are like umpires, and no one has ever gone to a game to see the umpire. But the role of a judge is critical and important.”

The Honorable Robert E. Cahill, Jr. gave the response from the bench. Judge Cahill mentioned his experiences with 30

The Advocate

December 2021

After the reading of the Governor’s Proclamation by Christopher Mincher, Deputy Legal Counsel to the Governor, Mr. Mincher noted how helpful Judge Glennon was to the Governor’s Office the previous year, helping to expedite the release of lower-level prisoners during the pandemic, and praised his work on the mental health dockets before the Honorable Nancy Purpura of the Circuit Court for Baltimore County.

The Honorable Julie Ensor, Clerk of Court for Baltimore County, next administered the Oath of Office. Judge Glennon was escorted to the podium by retired homicide detectives Gary Childs and Phillip Marll, who also held the family Bible upon which Judge Glennon placed his hand.

President of the Baltimore County Bar Association Stanford Gann, Jr., Esquire, presented Judge Glennon with his robe inside the ceremonial Nordstrom’s box for his signature.

Judge Glennon was robed by his daughters, Grace and Rose, and his wife.

After taking his seat on the bench, Judge Glennon conveyed his gratitude for those who had faith in him throughout his

career, as well for his daughters, wife, family, and friends.

He thanked the Judicial Nominating Committee and the many men and women who wrote letters to the nominating committee and Governor on his behalf. Judge Glennon gave a tearful tribute to his late father and spoke about how important his family was to him. He spoke about his undergraduate degree in sociology helping to shape the person and lawyer that he became and in assisting his ability to know people. Judge Glennon indicated that his long tenure as a homicide prosecutor helped him develop many of the skills needed to be a good arbiter of the law.

Meeting and interacting with people from all different walks of life, tempering justice with mercy, thinking on his feet, and rolling with the punches were all actions he took as a prosecutor and would be required to take as a judge. Judge Glennon promised to be a student of the law, to study and learn the parts of the law that he did not know as well, and to remain humble and hardworking. Borrowing one of Administrative Judge Jakubowski’s gavels, Judge Glennon adjourned the ceremony to rounds of applause.

– Zarena Sita, Esq.

2020 Best Special Occasion 2019 Best Date Night 2018 Best Chef Runner Up 2017 Best Al Fresco & Overall Restaurant

citronbaltimore.com

December 2021

410.363.0900

The Advocate

Weds-Sun 4pm +

31

BCBA Spotlight In Chambers with the Honorable Colleen A. Cavanaugh becoming a judge one day sparked her interest. She wrote for the high school’s newspaper and had the opportunity to interview and be inspired by the Honorable Patricia Pytash, a former Maryvale student who later became the first female Baltimore County judge. Judge Cavanaugh continues to return to Maryvale to speak at their career day, because she believes that women supporting women is so important and she wants to introduce the students to all the opportunities available to them.

©2018 Leo Howard Lubow

The Honorable Colleen A. Cavanaugh The Honorable Colleen A. Cavanaugh has served as an Associate Judge of the Circuit Court for Baltimore County since February 2014. Prior to her Circuit Court appointment, Judge Cavanaugh served as an Orphans’ Court Judge for Baltimore County’s Orphans’ Court for seven years, where she served as Chief Judge from 2007 to 2009. During her time in the Orphans’ Court, Judge Cavanaugh served on the Executive Committee of the National College of Probate Judges from 2010 to 2014. Chief Judge Robert M. Bell also appointed her to the Maryland Conference of Orphans’ Court Judges in 2011, where she served until 2013.

Judge Cavanaugh spent time in private practice for nearly fifteen years prior to becoming a judge, first as a contract attorney at Kramon and Graham, P.A. where she assisted in the defense of asbestos litigation from 1992 to 1993. In 1993, she started her own general civil litigation practice, Colleen Cavanaugh, Chtd., handling family law cases, trusts and estates cases, guardianships, and appellate matters.

From 1995 to 1999, she worked as an associate attorney at Shar, Rosen, and Warshaw, LLC, where she continued to handle all family law, estate planning and administration, and guardianship matters for the firm. She also continued her appellate work while at the firm, including researching and writing briefs and oral arguments before the United States Court of Appeals for the Fourth Circuit. From 1999 until she was elected as Orphans’ Court Judge in 2006, she served as Partner at Cavanaugh and Warshaw, P.A. In 2012, 2013, and 2014, she was peer-nominated as a “Super Lawyer” in the area of family law and was recognized as one of “Baltimore’s Best” attorneys in this field.

Judge Cavanaugh grew up in Baltimore County and attended Maryvale for high school. Maryvale holds a special place in Judge Cavanaugh’s heart because, not only is it where she met her lifelong best friends, but it was there that the idea of 32

Judge Cavanaugh graduated from American University in 1989, where she earned two bachelor’s degrees, in Criminal Justice and History, in only three years. She was also a member of Phi Sigma Sigma, Inc., where she served as the philanthropy chair for the sorority’s charity, the National Kidney Foundation. Throughout high school and college, she also worked for her father, the Honorable Patrick Cavanaugh, in his general litigation practice.

Judge Cavanaugh attended the University of Maryland for law school, where she met her husband. She participated in a clinic while in law school, preparing cases for rent court, handling trusts and estates matters, and drafting wills. Being able to give people a voice through their estate documents while participating in the clinic sparked Judge Cavanaugh’s interest in estate work.

Judge Cavanaugh was appointed to the bench on February 23, 2014. Her father, the Honorable Patrick Cavanaugh, retired from the circuit bench in October 2013. It was only fitting that when Judge Colleen Cavanaugh was appointed, she moved right into her father’s chambers.

Judge Cavanaugh is currently the lead family judge. This involves overseeing the mediation office and the office of family support services. She also oversees family law settlement conferences, courthouse policies in family law matters, and the day-to-day issues that arise in family law cases.

Judge Cavanaugh, alongside Judge Andrew Battista, also resolves jurisdictional disputes relating to the UCCJEA. If there is any jurisdictional dispute in a custody matter between Maryland and another state or country, a hearing will take place. Judge Cavanaugh has resolved disputes between Maryland and other countries such as Pakistan and Singapore and finds it interesting to be able to talk to judges from around the world.

Prior to taking the bench, Judge Cavanaugh served on the Board of Turnaround, Inc. She now serves as the Baltimore County Circuit Court’s liaison to the Baltimore County

The Advocate

December 2021

Domestic Violence Coordinating Council. The council is made up of law enforcement, hospitals, the Department of Human Services, and other stakeholders that are committed to domestic violence work. Judge Cavanaugh is also on the Domestic Violence subcommittee for the Administrative Office of the Courts. She also serves on the Domestic Violence Fatality Review Team in Baltimore County. This team studies fatalities resulting from domestic violence after the case is concluded to learn where people could have intervened, where there could have been opportunities to provide resources, among other things related to domestic violence prevention.

Judge Cavanaugh shares her chambers with her two adorable toy poodles, Oliver and Baxter, who are both rescue dogs.

Oliver is a certified therapy dog and has assisted with making children feel comfortable during interviews with judges in

December 2021

custody cases. Judge Cavanaugh’s favorite part about being a judge is being able to help people resolve their problems and move forward with their lives no matter what kind of case it is.

– Ericka C. Surock, Esq. Writer’s Note: Each judge profiled is asked a set of questions regarding their “favorites.” Judge Cavanaugh’s answers are as follows:

Movie: Wizard of Oz

Dessert: Graul’s coconut cake

Artist: U2

Restaurant: Milton Inn

Sports Team: Ravens Ice Cream Flavor: Mint Chocolate Chip

Charity: BARCS Travel Destination: Maui

Guilty Pleasure: Reality TV

Deceased Judge: Her dad, the Honorable Patrick Cavanaugh

Famous Person: RBG

The Advocate

33

34

The Advocate

December 2021

BCBA Spotlight Minnesota Lawyers Mutual: The MLM Advantage

There are many great aspects of practicing law. Being the subject of a malpractice claim is not among them. No private practice lawyer is immune from a malpractice claim.

According to the ABA, four out of five attorneys will be sued for malpractice at some point in their career. When your reputation and livelihood are on the line, you need a reliable ally on your side to help protect your practice.

For over 35 years, Minnesota Lawyers Mutual (MLM) has been a stable, reliable source of legal professional liability insurance delivering exceptional value and service to our policyholders.

The Insurance Journal recently reported that “the time period beginning in 2019 through mid-2020 marked the worst two years on record for legal malpractice claim payouts.” Although the frequency of claims has increased, at MLM over half of reported claims are closed without any indemnity payment, which usually means the claims lack merit. While this is good news, the threat of a malpractice claim should still be of concern to every practicing attorney.

Even claims that lack merit can be expensive to defend. This is why we offer “first dollar defense.” Unless we make an indemnity payment, we don’t collect the deductible.

At MLM, we write professional liability policies for lawyers, judges, and mediators. Legal professional liability is our only product. We were built by lawyers and are run by lawyers to serve lawyers. As a mutual company, we are owned by our attorney policyholders, not by shareholders. Being a mutual company means that we return underwriting profits to our insureds in the form of a dividend payment each year. Our policyholders have received annual dividend payments for 33 consecutive years with those dividend payments totaling more than $68.5 million since 1988. In 2020, Maryland law firms that have been insured by MLM for at least three years received an 15.5% dividend on average.

From our start we have been committed to being an efficient, accountable, and permanent risk management resource to members of the legal community. We see our stability reflected in our “A” (Excellent) Financial Strength Rating with a Stable outlook from A.M. Best. As a direct writer, MLM works directly with you, saving time and eliminating the middleman. Through webinars, articles, and one-onone advice, MLM offers helpful risk management, practice management and claims avoidance information providing attorneys with the tools and tips they need to maintain a safe practice.

MLM provides top local defense counsel who are experts in defending legal malpractice claims. We hire only the best because your reputation is as important to us as it is to you. We know that a professional liability claim is a major disruption to your practice. We understand the importance of evaluating claims promptly and keeping our insureds advised of their claim progress every step of the way.

It is our daily mission to provide outstanding customer service. Since the beginning, our pursuit of excellence has helped us grow and stay true to our vision. Now, three decades later, we continue to provide professional liability insurance and risk management services to lawyers in 15 states and the District of Columbia. MLM is committed to being a valued resource to the legal profession and continuing to serve Maryland’s legal community for many future years.

– Kiernan Waters

Don’t Forget to Support All of Our Annual Sponsors Albers & Associates AbacusNext CRC Salomon Growth Solutions Team Health Quest Rice, Murtha & Psoras December 2021

Sandy Spring Bank Minnesota Lawyers Mutual Multi-Specialty HealthCare Nota by M&T Vallit Advisors

The Advocate

35

BCBA Spotlight Law Clerk Spotlight - Andrew Franchetti Andrew Franchetti is the current judicial law clerk for the Honorable John J. Nagle, III in the Circuit Court for Baltimore County. Franchetti is a Maryland native, who grew up in Columbia and attended St. Paul’s School for Boys for high school. He then attended Franklin and Marshall College (F&M) in Lancaster, Pennsylvania, eventually returning to Maryland to attend the University of Baltimore School of Law. At St. Paul’s, Franchetti played lacrosse, basketball, and was on the swim team. He was also a member of the St. Paul’s Concert Chorale, where during spring break of his senior year, the group toured Germany and Austria and sang in some of the oldest churches in Europe. He also served as a student ambassador, giving prospective students and families tours of the school.

Even in high school, Franchetti knew he wanted to become a trial lawyer someday. He completed his high school senior project with Plaxen Adler Muncy, P.A., a personal injury law firm in Maryland, which offered him a behind-thescenes glimpse of what lawyering is all about. He enjoyed being in a courtroom for the first time and was fascinated by the skills and experience utilized by great trial lawyers.

While at F&M, he played on the men’s varsity lacrosse team. He was also a member of the Athletic Advisory Committee and volunteered with Habitat for Humanity and other programs that promote physical activity and wellness for elementary school students in the Lancaster area.

Throughout his college summers, Franchetti worked at a restaurant in Stone Harbor, New Jersey, in order to fund his college expenses. In the summer of 2017, he worked as a legal intern at The John Hall Law Group in Bowie, Maryland, where he was able to gain in-court experience and work on worker’s compensation and personal injury cases.

While at UB for law school, he continued to channel his love for sports by being an active member of UB’s Entertainment, Arts, and Sports Law Association. In the summer of 2019, he worked as a summer law clerk at ChasenBoscolo Injury Lawyers in Greenbelt, Maryland.

While at ChasenBoscolo, he conducted legal research of Maryland, Washington D.C., and Virginia statutes regarding worker’s compensation, personal injury, and negligence issues. He also had the opportunity to draft motions and pleadings and to participate in the discovery

Andrew Franchetti process for various personal injury cases.

He also served as a Rule 19, Student Attorney for UB’s Bob Parsons Veterans Advocacy Clinic, where he was able to represent veterans before courts and administrative agencies in diverse civil and veterans benefits matters. Franchetti also represented a client for an appeal of a Board of Veterans Appeals decision that went to the Court of Appeals for Veterans Claims for service-connected malaria resulting from exposure to Agent Orange. Before beginning his judicial clerkship, Franchetti also worked as a law clerk at Cohen, Snyder, Eisenberg & Katzenberg, P.A. in Baltimore, Maryland, assisting James K. MacAlister, Esq. with drafting complaints, motions, summons, voir dire, jury instructions, demand letters, interrogatories, and pleadings.

Franchetti wanted to take advantage of a judicial clerkship because he believes it will give him the knowledge and insight into what it is like to be a trial lawyer. He is looking forward to the opportunity to see trial lawyers in action within the courtroom. Outside of work, he enjoys exercising, watching sports (especially the Ravens), cooking, traveling, and playing chess.

– Ericka C. Surock, Esq.

Your ad could be here! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 36

The Advocate

December 2021

Law Clerk Spotlight - Miranda Walker Miranda Walker is the current judicial law clerk for the Honorable Wendy S. Epstein in the Circuit Court for Baltimore County. Originally from Utah, Walker moved to Howard County, Maryland, when she was 16 years old.

Walker would go on to graduate from Hammond High School in 2013.

After high school, Walker obtained her Associate’s Degree from Howard Community College. She continued her education by transferring to the University of Baltimore, where she participated in their Business Administration and Pre-Law programs. As part of that undergraduate program, instead of completing the typical senior year capstone or thesis, Walker supplanted her senior year of undergrad with her first year of law school at the University of Baltimore School of Law. Thus, Walker completed her first year of law school and graduated from college at the same time.

While at UB Law, Walker served as a staff editor on the University of Baltimore Law Review, a Law Scholar for civil procedure, and a teaching assistant for torts. In addition, Walker was an active member of both the Intellectual Property Law Club and Outlaw, UB’s LGBTQ interest group. Walker served as President of Outlaw during her 3L year. Finally, Walker was also a distinguished member of UB’s Royal Graham Shannonhouse III Honors Society and graduated in the top 20 percent of her class.

Outside of the classroom, Walker gained legal experience through various internships. She worked as a law clerk at the Law Office of Posner and Cord, where she assisted with trial preparation and drafting insurance demand packages.

She also served as a Rule 19 Student Attorney for the Bob Parsons Veterans Advocacy Clinic at UB Law. As a student attorney, she represented veterans at the U.S. Department of Veterans Affairs and the United States Court of Appeals for the Federal Circuit in veterans’ benefits matters and civil appeal work.

Miranda Walker Walker also spent a summer interning at Whiteford, Taylor, and Preston, LLP, where she conducted legal research on matters such as bankruptcy, guardianship, and litigation procedure. She also reviewed transactional documents, including retail leases and financial statements, and assisted in drafting appeal briefs and a reply brief in support of a petition for writ of certiorari.

Walker is looking forward to the opportunity to see a diversity of cases through her clerkship. Outside of clerking, Walker enjoys reading. All throughout college, she worked at a used book store called Second Edition Books. She also enjoys hiking, playing video games, and hanging out with her two cats - Roxy and Nico.

– Ericka C. Surock, Esq.

Check out our YouTube channel!

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

The Advocate

37

If You Expect the Best in Court Reporting, Demand...

Fast, Reliable, and Accurate...

CRC Salomon has more than 123 years of specialization at your service. One of the Nation’s oldest and most reliable court reporting firms in the country. We provide experienced Reporters, Realtime Specialists, LiveNote, Videoconferencing, Video Depositions, Hearings, Online Scheduling, Transcription services, and Conference Rooms. Mobile access to your documents and scheduling 24/7. Local and National scheduling.

Our portfolio of services include: • Depositions

• Conferences

• Arbitrations • Notaries

• LiveNote™ • Large conferencing facilities

• Hearings • CART Services

Nationwide and Global Coverage

• Realtime

• Video Service by Certified Legal Videographers

• Videoconferencing

• Remote WebDeposition Latest Technologies via Laptop, iPad, and Smart Phone

• All Industry Standard Platforms (Zoom, WebEx, GoToMeeting, MS Teams, Blue Jeans, Etc..)

• Remote Counsel

Headquartered in Maryland with Conference Rooms throughout MD, DC, VA, DE, PA, NC, and Nationwide If you expect the best in Court Reporting and Litigation Support, call CRC Salomon and let us show you how we can help!

Phone 888-821-4888 • 410-821-4888 | Fax 410-821-4889 | www.crcsalomon.com | info@crcsalomon.com

38

The Advocate

December 2021

Ask The Trial Doctor Plainly Speaking – Hold the Legalese A juror writes in…

or

Dear Trial Doctor,

Number 2:

I served on a jury last week, and I have to tell somebody about the experience. It was so frustrating! I like to think that I am a smart enough person, but I had a hard time trying to figure out what the lawyers were saying. It was like they were speaking another language. On top of that, they were using all these technical terms that were never explained. It made the jury’s job a lot harder than it had to be. Can you tell them to knock it off and just use plain English?

When you looked across the street, what did you see?

Candidly Confused Dear Confused, I will send the message, but it seems to be an ingrained trait in lawyers to use legalese and similarly stilted phrasing in a courtroom and in other professional interactions. I think we acquired it in law school when we were anxious to join the legal profession and believed that speaking the language of the tribe helped us fit in. The habit stuck.

If the goal of all lawyers is to persuade, place the focus on the understanding of the party to be persuaded. Acronyms must be clearly defined if used at all. Necessary technical terms should be explained; unnecessary ones avoided. Questions must be posed in a simple, straightforward manner so that the witness can understand the question and the finder of fact can understand the answer.

Thank you for your observation - I will do my best to pass along the message to the target audience…Clearly. Directly.

Simply.

The Trial Doctor

The problem is that very often we are speaking to nonlawyers – clients, witnesses, jurors – who don’t happen to speak the same legal dialect. In addition, in an effort to be hyper-precise or just sound that way, lawyers clutter their questions with enough unnecessary details and awkward sentence construction to choke a horse.

Take a look at this question to a police officer…which question is easier to understand?

Number 1: From your position directly across Judiciary Lane, what specific visual observations did you make as you conducted routine surveillance of the exterior of the defendant’s apartment at 1234 Judiciary Lane on the evening of October 31, 2021, at 7:34p.m.?

December 2021

The Advocate

39

40

The Advocate

December 2021

Baltimore County Bar Association Family Law Committee

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

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.

December 2021

The Advocate

41

Baltimore County Bar Association Diversity & Inclusion Committee What Diversity Means to Me Thursday, December 2, 2021 5:30 pm

SPEAKER

The Honorable Scott D. Shellenberger, State’s Attorney for Baltimore County

Raphael J. Santini

PROGRAM CHAIR

LOCATION Zoom

COST

REGISTRATION

BCBA Members, Free; Non-Members, Free 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.”

42

The Advocate

December 2021

Baltimore County Bar Association Estates & Trusts Committee

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

SPEAKERS

PROGRAM CHAIR

Britt Stouffer, Esquire Mary O’Byrne, Esquire

LOCATION Zoom

COST

REGISTRATION

BCBA Members, Free; Non-Members, Free 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.

December 2021

The Advocate

43

44

The Advocate

December 2021

YOUNG LAWYERS

Holiday Happy Hour & Share the Warmth Campaign THURSDAY, DECEMBER 2, 2021 5-7PM CHARLES VILLAGE PUB (CVP) 19 W PENNSYLVANIA AVE, TOWSON, MD 21204

We will be collecting Coats/Jackets (Assorted Sizes) Scarves, Hats, Mittens and Gloves and Socks for The Education Foundation of Baltimore County to benefit BCPS students in grades K-12.

Bring a donation and receive a drink ticket.

Appetizers will be provided.

December 2021

The Advocate

45

46

The Advocate

December 2021

December 2021

The Advocate

47

48

The Advocate

December 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

December 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

The Advocate

49

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