Advocate August 2015

THE ADVOCATE August 2015

services to people of limited means

(or to other qualified

organizations).

The desire to serve exists among

most members of the legal

community. However, the

challenge for many is in finding a

way to provide meaningful pro

bono legal assistance without

becoming overextended or running

afoul of certain employment

restrictions. Fortunately, the

Baltimore County Bar Association

(BCBA) offers several avenues

through which pro bono and low

bono commitments can be fulfilled.

Each bar year, the BCBA sponsors

two Pro Bono Workshops in

partnership with Legal Aid and the

Maryland Volunteer Lawyers.

These half-day workshops are held

on Saturdays at the Community

College of Baltimore County

campuses. The workshops offer an

opportunity for members of the

community to meet one-on-one

with trained lawyer volunteers to

discuss topics such as wills and

advance directives, bankruptcy,

expungement of criminal records,

THE ADVOCATE

Newsletter of The Baltimore County Bar Association

Inside This Edition

Program Registrations Pg 25

Calendar of Events Pg 3

Civil Law Update Pg 16

Civics & Law Academies Pg 19

Classified Ads Pg 30

Court Notices Pg 6

Criminal Law Update Pg 20

Event Schedule Pg 12

Executive Council Pg 4

Land Record E-Recording Pg 13

Lawyers Assistance Pg 14

Past Presidents’ Dinner Pg 8

Pro Bono Nominations Pg 10

Registration Form Pg 15

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts

VOLUME XXV, NO. 2 August 2015

Continued on page 2

BlueRidge Bank - Signature Sponsor

THE CASE FOR

PRO BONO SERVICE

Can a busy practitioner offer

meaningful pro bono legal services

without providing direct

representation? Do opportunities

exist for government attorneys to

offer pro bono legal assistance? Do

“young” lawyers make a difference

in the lives of others through pro

bono efforts? Can members of the

judiciary aid the cause for pro bono

by helping to train volunteer

lawyers? The answer to all of these

questions is “yes!”

Since the economic downturn in

2007, the housing foreclosure crisis,

the drop in IOLTA interest rates and

the resulting cuts in pro bono agency

resources, the need for Pro Bono

Publico legal service (“for the public

good”) is greater than ever.

Maryland Rule of Professional

Conduct 6.1 reminds us that “[a]

lawyer has a professional

responsibility to render pro bono

publico legal service.” Under the

rules, a lawyer in full-time practice

should aspire to provide at least 50

hours of pro bono or low bono

http://www.blueridgebk.com


landlord/tenant matters, consumer protection, veterans’

issues and government benefits.

“Lawyer in the Lobby” is another BCBA- sponsored

pro bono program. Every second Wednesday of the

month, at least two lawyers are available to provide a

20-minute consultation on civil, non-family law

matters such as: Landlord-Tenant, Collections,

Consumer, Small Claims, Wills and Probate matters.

These consultations take place between 4:30 pm to

6:30 pm in the lobby of the Circuit Court.

Low Bono fees are available to

qualified applicants for initial

consultations through the BCBA

Reduced Fee Family Law panel. This

panel offers a reduced rate for the

initial consultation and a lower than

normal retainer fee if the attorney and

client enter into a formal agreement

for representation.

If a criminal defendant doesn’t qualify

for representation through the Public

Defender’s office, he or she may still

meet the income eligibility

requirements for a criminal defense

attorney at a reduced fee through the

BCBA Lawyer Referral Information

Service – particularly in District Court

cases. There are many opportunities

for lawyers to offer low bono services

once they apply and meet the program

requirements.

Short-term pro bono activities like the

BCBA Pro Bono Workshop are also sponsored by the

Pro Bono Resource Center of Maryland, Maryland

Volunteer Lawyers Service, Legal Aid, Women’s Law

Center and various organizations throughout the state.

These limited scope programs allow busy practitioners

to receive free training and provide time-limited but

valuable legal assistance to the public.

Participation in pro bono service is an excellent way

for newly-admitted lawyers (or lawyers seeking

experience in other areas) to receive training for free,

in exchange for a commitment to accept one or more

PRESIDENT’S MESSAGE

Continued from page 1

pro bono cases. Judges are able to contribute to the pro

bono cause by serving as presenters during the training

sessions. I have had the pleasure of serving as a

panelist for several pro bono training programs and

look forward to participating again this fall.

Government attorneys are also good candidates for

participation in pro bono projects so long as their

employer approves the participation. And, many

government agencies encourage their attorneys to give

back. During the recent Maryland State Bar

Association Conference, Prince George’s County

Assistant State’s Attorney

Benjamin E. Rupert received a

pro bono award for his work on

an expungement project. It’s

also important to note that in

2005, the Baltimore County

Office of Law received the

BCBA’s Pro Bono firm award.

Government lawyers can and

do make a difference.

National Pro Bono Week takes

place from October 25-31 this

year. During the week, the

BCBA will recognize a lawyer

and/or law firm for significant

pro bono service. If you know

of a worthy recipient, please

submit the completed

nomination form to the bar

association office no later than

September 10, 2015. Click the

link here for details.

Historically, BCBA members have demonstrated a

commitment to providing pro bono and low bono

services to those in need. We welcome new

volunteers to the pro bono team. Will you join us?

Hon. Vicki Ballou-Watts

President, Baltimore County Bar

Association

August 2015

http://www.bcba.org/pro-bono-committee/

http://www.bcba.org/pro-bono-committee/


CALENDAR OF EVENTS

Program/Event Registration Form can be found on page 15

Individual flyers can be found on with the online registration for

each program on our website calendar.

August 2015

4 LRIS Committee Planning Meeting, 4 p.m., Mezz 08

5 Solo & Small Firm Committee Planning Meeting, 5 p.m., Mezz 08

6 Public Awareness & Speakers Committee Planning Mtg, 5 pm, Mezz 08

10 Real Property Committee Planning Meeting, 5 pm, Mezz 08

12 Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m.

12 Estates & Trusts Committee Planning Meeting, 5 p.m., Mezz 08

18 UM Law School Student Organizations’ Fair, 2 p.m.

19 Constitution & ByLaws Committee Meeting, 5 p.m., Mezz 08

20 Technology Committee Planning Meeting, 12 Noon, Mezz 08

21 O’s Night At The Yard (vs. Minnesota Twins), Flite Deck !

25 Memorial Committee Planning Meeting, 5 p.m., Mezz 08

26 Fee Arbitration Committee Meeting, 4 p.m., Mezz 08

26 ADR Committee Planning Meeting, 5 p.m., Mezz 08

26 UB Law School Student Organizations’ Fair, 4:30 p.m.

31 CLE Committee Planning Meeting, 5 p.m., Mezz 08

September 2015

7 Courts and Bar Office CLOSED, in observance of Labor Day

9 Family Law Dinner, “Meet & Greet,” 6 p.m., Towson Golf & CC

10 Membership Kick-Off Event, 5 p.m., Greene Turtle, Towson

18 UB Law Alumni Golf Tournament, 8 a.m., Mt. Pleasant

24 Annual Crab Feast, 6 p.m., Ocean Pride, 1534 York Road, Lutherville

29 SLLZ, Meet & Greet the County Council, 5 p.m., WTP Towson Office

2015-16 Officers

Executive Council Keith R. Truffer Michael W. Siri

Jay D. Miller

Stanford G. Gann Jr. John G. Turnbull III

Lisa Y. Sett les

T. Wray McCurdy,

Immediate Past President

Alexander C. Steeves, YL Chair

The Advocate Laurie Wasserman,

Committee Chair

Doris D. Barnes

Thomas S. Basham

Associate Editors

Contributing Writers C. Theresa Beck

Catherine A. Dickinson

Sondra M. Douglas

Jason S. Garber

Jonathan M. Herbst

Robert C. Lidston

Danielle Moore

Margaret M. McKee

Cecilia B. Paizs

G. Darrell Russell

Brittany L. Stouffer

Laurie Wasserman

Kathleen M. Wobber

Catherine F. Woods

The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 5th of the month preceding publication.

President

Pres-Elect

Secretary

Treasurer


Robert J. Thompson

Adam T. Sampson

Rebecca A. Fleming

https://members.bcba.org/calendar/


MEET THE BCBA EXECUTIVE COUNCIL

President


Circuit Court for Baltimore

County

Secretary

Adam T. Sampson

Adelberg, Rudow, Dorf &

Hendler, LLC

Treasurer

Rebecca A. Fleming

Turnbull, Nicholson &

Sanders

Keith R. Truffer

Royston, Mueller, McLean &

Reid

Michael W. Siri

Bowie & Jensen, LLC Jay D. Miller

Law Offices of Peter G.

Angelos

President-Elect

Robert J. Thompson

Law Office of Robert J.

Thompson

Members interested in serving on the Baltimore County Bar Association Executive Council submit a letter

of interest to be considered by the Nominations Committee, prior to December 31st each year. Once

elected, that person begins a ten-year track of leadership service.


MEET THE BCBA EXECUTIVE COUNCIL

Stanford G. Gann Jr.

Levin & Gann

John G. Turnbull III

Law Offices of John Grason

Turnbull III

Lisa Y. Settles

Pessin Katz Law, P.A.

Immediate Past President

T. Wray McCurdy

Law Office of T. Wray

McCurdy

Young Lawyers Chair

Alexander C. Steeves

Alperstein & Diener, P.A.

Executive Director

Doris D. Barnes

Among many other duties, Executive Council Members liaison to the various committees of the

BCBA, and participate in leadership trainings offered by the MSBA, ABA, and

National Conference of Bar Presidents.


COURT NOTICES

FAMILY LAW DIVISION

ANNOUNCEMENT

The Family Law Division of the Circuit Court for Baltimore County has made many changes in the last year

relating to processing, assignment and handling of cases by both Magistrates and Judges. We are interested in

your feedback on all aspects of the handling of Family Law cases. We hope to continue to improve the way

Family Law cases are handled in our Court.

Please feel free to provide comment and feedback to Judge Jakubowski on any aspect of the management of

these cases.

Judge Ruth A. Jakubowski

Family Law Coordinating Judge

From the Chambers of Kathleen Gallogly Cox

Circuit Administrative Judge & County Administrative Judge

July 2015

The following Judges will serve in the

Family Division for six months,

effective January 1, 2016

Judge Ruth A. Jakubowski

Judge Michael J. Finifter

Judge Robert E. Cahill, Jr.

Judge Sherrie R. Bailey

Judge Nancy M. Purpura

Judge Julie L. Glass

The following Judges will serve in the

Family Division for six months,

effective July 1, 2016

Judge Kathleen Gallogly Cox

Judge Susan Souder

Judge Vicki Ballou-Watts

Judge Judith C. Ensor

Judge Paul J. Hanley

New Judge

http://www.mdcourts.gov/


HB 54 (Chapter 488) from this year 's legislative session was enacted which requires a new surcharge for

civil cases. The Circuit Court Real Property Records Improvement Fund surcharge will increase filing

fees as follows:

For any new case where there is a $55 surcharge, there will be an additional $30 required;

For any appeal where there is a $50 fee, there will be an additional $11 required;

For any pleading where the cost schedule states a

$25 fee, there will be an additional $6 required;

For the following two new case types, the fees will be $25 plus the $55 surcharge and an additional $30

required not $6.

Request to register Foreign Judgment

Request for Deposition/Out of State Witness

E ffective July 1, 2015, the new Uniform Statewide Subpoena form will be available, pursuant to Maryland

Rules 2-510, 3-510, 4-265, and 4-266. While the content of the forms will be the same, there will be individu-

al subpoena forms for each circuit and district court. This was necessary to ensure that the seal of the issuing

court, as well as the appropriate clerk’s signature, appears on the subpoena form.

Attorneys will be able to access the form electronically by registering through the MDEC e-filing portal, even if they

are not current MDEC users. They will receive an email blast containing instructions on how to register, as well as how

to access the forms. Additionally, a notice will be placed on the Judiciary’s website.

Self-represented litigants must obtain the paper subpoena from the appropriate court. However, if a self-represented liti-

gant is registered to electronically file, they will have access to the subpoena portal, but will be discouraged from utiliz-

ing that functionality. Carla Jones will email the subpoena form to each Clerk of the Circuit Court. District Court Head-

quarters will distribute the paper subpoena form to each district court location.

If you have any questions regarding the subpoena form, please contact Carla Jones at [email protected] or 410-

260-3526 for circuit court inquiries; or Polly Harding at [email protected] or 410-260-1210 for District

Court inquiries. For questions concerning registration, please contact Tara Glover at [email protected] or 410-

260-1088.

PLEASE NOTE: Members have advised, that in order to register for the MDEC and access the statewide subpoena

form, you must first download Microsoft Silverlight plug-in, in order to access the Maryland.tylerhost.net. Additional

assistance may be available by calling 1-800-297-5377.

COURT NOTICES

FILING FEES INCREASE FOR

CIRCUIT COURT CIVIL CASES

EFFECTIVE JULY 1, 2015

Uniform Statewide Subpoena Form

http://www.courts.state.md.us/courtforms/uniformsubpoena.html

[email protected]

[email protected]%20

[email protected]

http://www.mdcourts.gov/


PAST PRESIDENTS’ DINNER by John Grason “Jack” Turnbull III

The Past Presidents and Executive Council of the

Baltimore County Bar Association descended upon

the Baltimore Country Club on June 25, 2015, for

the 25th Annual Past Presidents’ Dinner. President

T. Wray McCurdy performed his last official act as

President of the Association, thanking all of the

past Presidents for their toil and dedication to the

Association and its members, and welcoming The

Honorable Vicki Ballou-Watts as President, who

officially began her term on July 1, 2015.

The dinner is an opportunity for past and present

leaders of the Association to relax, share grossly

exaggerated stories, laugh together, and pass along

the benefit of institutional knowledge and guiding

wisdom. While there are no formal speeches, the

highlight of the evening was Bob Romadka’s (our

eldest living President – 1976) recitation of how the

Bar Association Office came to be located in the

courthouse shortly after its completion. It involved

some old school political maneuvering, that for better

or worse, no longer exists today. Rings were kissed,

favor was curried, and promises were made.

Including any further details could induce scandal

and perhaps indictments, even after all these years.

During the dinner, President McCurdy thanked those

present for their service and observed the atmosphere

of friendship that filled the room, remarking that

friendship, collegiality, cooperation and civility are

the hallmarks of the BCBA. In

one of his final acts as

President, he delivered what

amounted to valedictory

remarks, reflecting with

satisfaction on his year at the

helm and passing along best

wishes for even greater

success to Judge Ballou-Watts.

T. Wray also lamented the fact

that the Eastside has recently

failed to produce Executive

Council members, and he Hon. Vicki Ballou-Watts, T. Wray McCurdy, Rob Thompson, Rebecca Fleming,

Jack Turnbull, and Catie Simanski Dickinson


personally vowed to rectify this gross injustice in

coming years.

As reflected in the accompanying picture, a group

photograph of the Past Presidents and current

members of the BCBA Executive Council who

were in attendance was made to memorialize the

event.

Those in attendance were: Doris Barnes, Executive

Director, Judge J. Norris Byrnes, John B. Gontrum,

William A. Hahn Jr., Robert W. Lazzaro, John W.

Nowicki, Robert J. Romadka, Robert J. Thompson,

Judge John G. Turnbull II, Thomas G. Bodie, Alan R.

L. Bussard, C. Carey Deeley Jr., Catherine A. B.

Dickinson, David D. Downes, Judge Charles E. Foos

III, Myles F. Friedman, Dominick A. Garcia, Edward

J. Gilliss, Judge John O. Hennegan, J. Calvin Jenkins

Jr., T. Wray McCurdy, Judge John J. Nagle III, Debra

G. Schubert, John G. Turnbull III,, Judge Alexander

Wright Jr., Magistrate C. Theresa Beck, Rebecca A.

Fleming, Louis J. Weinkam Sr., Judge Lawrence R.

Daniels, Judge Vicki Ballou-Watts. Dominick Garcia, Debra Schubert and Ed Gilliss

John Nowicki, Hon. Vicki Ballou-Watts, Rob Thompson,

Hon. John G. Turnbull, II and T. Wray McCurdy

Magistrate Terri Beck and

Hon. Charles E. Foos, III

C. William “Bud” Clark, Thomas Bodie and

Hon. John O. Hennegan


PRO BONO AWARD NOMINATIONS SOUGHT by Hasson Barnes, Pro Bono Committee Chairperson

The Baltimore County and Local Pro Bono Committees request nominations for the Annual Pro Bono Awards,

to be made during National Pro Bono Week (October 25-31, 2015) at its Annual Reception honoring all

attorneys in Baltimore County who provide pro bono legal services throughout the year. Nominations must be

submitted in writing, not later than Thursday, September 10, 2015. Please mail to the BCBA, 100 County

Courts Building, 401 Bosley Avenue, Towson, MD 21204, or emailed to Doris Barnes.

Pro Bono Attorney of the Year

1. Attorney serving the needs of the community through pro bono work.

2. Generally demonstrated through his or her career.

3. May be demonstrated through a single case or a particular accomplishment.

4. Work considered is services to persons of limited means as that is defined in Rule of

Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.

The recipient is not required to be a member of the BCBA.

Pro Bono Firm of the Year

1. Firm serving the needs of the community through pro bono work.

2. Generally demonstrated over a number of years.

3. May be demonstrated through a single case or a particular accomplishment.

4. Work considered is services to persons of limited means as that is defined in Rule of

Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.

Prior Recipients Include:

1996 Carl R. Gold

1997 Daniel V. Schmitt

1998 Nevett Steele, Jr. and Whiteford, Taylor & Preston

2001 Carl R. Gold

2002 Douglas T. Sachse

2003 Stephen J. Nolan

2004 John J. Condliffe & Judith Shub-Condliffe

2005 Edwin G. Fee, Jr. and Baltimore County Office of Law

2006 Barbara L. Ayres and Bowie & Jensen

2007 Thomas G. Bodie

2008 Barbara Bakal Greene and Levin & Gann

2009 Frank E. Turney and Baumohl & Hamburg

2010 Michael F. Connolly and Chason, Rosner, Leary & Marshall

2011 Laurie Hansen

2012 Michael L. Jeffers

2013 Richard V. Lynas

2014 J. Michael Lawlor

mailto:[email protected]


Continued on page 16

The e-Recording Pilot Project is going

well. Approximately 150 submitters have received

log-ins and have been trained by Simplifile, and we

are receiving documents daily. This week we added

five more document types:

Appointment of Substitute Trustee

Deed of Trust/Mortgage Modification

Agreement

Power of Attorney

UCC Financing Statements (original),

and

UCC Financing Statements

(amendments).

We are working now to refine and document the

internal procedures and continue to ask ourselves

how to make the process better. We occasionally

need to address an odd or non-standard submission -

there is a learning curve for customers as well as

staff – and there appears to be not much that the

vendor hasn’t already seen at other locations using

their product.

Our Court Operations Department is working on the

evaluation of the system, which is nearly complete,

so next steps include finalizing the report for the

Court of Appeals to review.

Thanks everyone for your continued support for the

e-Recording Project. If anyone else is interested in

obtaining a log-in, viewing a webinar or visiting the

Towson office, please let me know.

Just a reminder that there is some high-level information

on our website www.mdcourts.gov. Please let me know

if there are questions.

LAND RECORDS

E-RECORDING PROJECT

UPDATE by Barbara Hansman, Project Manager, Adminis-

trative Office of the Courts

http://www.medicalneg.com/

http://www.mdcourts.gov


ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE?

There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ...

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM

A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges.

Our services include help for a broad range of problems and personal concerns, such as:

WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access

to treatment facilities and provide emergency practice management, as well as referrals to professional

counselors.

GARY MILES, Chair 443-632-1760

JOE MURTHA, Vice-Chair 410-583-6969

STUART AXILBUND 410-832-7579

JIM BEACH 410-241-8538

MARY CHALAWSKY 410-649-2000

MARISSA JOELSON 917-226-6472

RICHARD LYNAS 410-288-1099

JAY MILLER 410-951-7165

JOSE MOLINA 443-851-7353

SAM MOXLEY 410-733-3306

JIM QUINN 443-703-3041

BILL SALTYSIAK 410-583-8883

JUDGE PHILIP N. TIRABASSI 410-512-2053

MARK VAN BAVEL 410-337-5291

Depression

Marital and Family Relationships

Alcohol and Drug Abuse

Stress and Burnout

Prescription Drug Concerns

Career Concerns

Gambling

Internet Addiction

Sexual Addiction

Compulsive Spending

Eating Disorders

Balancing Work and Family

Don’t let this happen to your career. Reach out for

help before it becomes a train wreck. Don’t wait

for Bar Counsel to pay you a visit. Confidential help

is available for any attorney, paralegal or support

staff for drug, alcohol and/or mental health issues,

among others.


PLEASE register me for the following programs/events:

Registration Fee:

Member Non-Member

August 21, 2015, O’s Night at the Yard $45, per person

September 9, 2015, Family Law Dinner $50 $60

September 10, 2015, Bar Year Kick-Off Event FREE $10

September 24, 2015, Crab Feast $50 $60

September 29, 2015, State, Local Laws & Zoning and

Real Property Program $0 $20

December 3, 2015, Holiday Party

Name(s)

Telephone Address

City State Zip

Email Amount Enclosed

Menu Choice (if applicable)

Name on C/C Today’s Date

Billing Address

City State Zip

Email Amount authorized

MC/Visa/Discover/American Express Card No.

Expiration SEC# (on back of card)

Signature____________________________________________________________________

PROGRAM & EVENT REGISTRATION FORM

Please return this form to the Baltimore County Bar Association, 100 County Courts Building, 401

Bosley Avenue, Towson, MD 21204 with a check or credit card info; fax to 410-823-3418, or REGISTER

ONLINE at www.bcba.org.

https://members.bcba.org/register/?eventno=889





http://www.bcba.org


In light of other factors, including the fact that

this was not Marcalus’ first attorney discipline

action, disbarment was appropriate.

Attorney Grievance Commission of Maryland v.

Sheron A. Barton, Misc. Docket AG No. 86,

September Term 2012, and Misc. Docket AG

Nos. 13 & 57, September Term 2013, filed

March 2, 2015. Opinion by Battaglia, J.

Ms. Barton owned, operated and was the only

attorney admitted to practice in Maryland. She

employed Richard Tolbert as an office manager,

and thereafter permitted Mr. Tolbert to take

actions such as the initial intake for clients,

charge fees, and give legal advice. Allowing an

employee to act as a lawyer resulted in Ms.

Barton failing to represent clients properly, to

include not meeting with clients until just before

hearings, missing hearings and missing filing

deadlines. The hearing judge determined that

Barton violated MLRPC 1.1, 1.3, 1.4(a) and (b),

1.5(a), 1.15(a) and (b), 1.16(d), 5.3(a), (b) and

(c), 5.4(a) and (b), 5.5(a), 8.4(a), (c) and (d).

Barton filed numerous exceptions to the hearing

judge’s findings of fact and conclusions of law.

The Court of Appeals concluded, after

considering Barton’s numerous exceptions, that

her conduct violated Rules 1.1, 1.3, 1.4(a) and

(b), 1.5(a), 1.15(a) and (b), 1.16(d), 5.3(a), (b)

and (c), 5.4(b), 5.5(a), 8.4(a), (c) and (d).

The Court of Appeals held that indefinite

suspension was the appropriate sanction. The

Court held that Ms. Barton failed to return client

phone calls and/or keep clients informed about

the status of their respective cases; she charged

unreasonable fees when she failed to perform the

services her clients expected; she allowed

comingling of funds when she permitted Mr.

Tolbert to deposit client funds in the firm’s

operating account; she permitted and encouraged

Mr. Tolbert to give legal advice and allowed him

to hold himself out as a lawyer to clients. These

A review of the April 2015 Amicus Curiarum civil

cases:

COURT OF APPEALS:

Attorney Grievance Commission of Maryland v.

Jeffrey S. Marcalus, Misc. Docket AG No. 64,

September Term 2013, filed March 27, 2015.

Opinion by Watts, Shirley M. Judge

Mr. Marcalus represented a client against a woman

who was unrepresented. During that representation,

Mr. Marcalus and the woman engaged in

inappropriate discussions related to “sugar

daddies,” “modeling or promotional work,” and

other innuendo ridden communications. Marcalus

and the woman actually met at a beach where the

woman showed Marcalus outfits she had bought.

Ultimately, the hearing judge concluded that

Marcalus violated MLRPC 8.4(d).

The Court of Appeals held that Marcalus violated

MLRPC 8.4(d) and that disbarment was the

appropriate sanction. The Court held that even if

Marcalus and the woman believed that their

behavior was consensual and the discussions/other

communications were “jokes,” Marcalus’ behavior

with a self-represented opposing party would

negatively impact the perception of the legal

profession by a reasonable member of the public.

CIVIL LAW UPDATE by Ceecee Paizs



BANKRUPTCY—Chapters 7 and 13

1-800-BANKRUPT

Law Office of Nicholas J. Del Pizzo, III, P.A.

STOP Foreclosures Wage Garnishments

Vehicle Repossessions Creditors Calls

Judgments Lawsuits

Free Consultation – Payment Plans

We are a Debt Relief Agency servicing all areas of

Baltimore County, Baltimore City and Harford County –

Over 1,000 cases filed.

The Court of Special Appeals affirmed, finding that

the evidence was sufficient to support a conviction

for failure to comply with a peace order because

DeGrange committed one of the acts proscribed by

the peace order, and the State was not required to

prove she violated all of the proscribed acts.

actions, as well as others, justified indefinite

suspension.

COURT OF SPECIAL APPEALS:

Susan DeGrange v. State of Maryland, No. 2586,

September Term 2013, filed February 3, 2015.

Opinion by Sharer, Judge

A peace order was issued against DeGrange

prohibiting certain acts, one of which was to stay

away from a particular house. Police found

DeGrange present on the premises. She further

refused to leave and was arrested. She argued at

trial that in order to convict her of violating the

conditions of the peace order, the State was

required to prove she committed each of the acts

proscribed by the order, not just one. The jury

convicted DeGrange.

CIVIL LAW UPDATE Continued from page 16



J oin Baltimore County’s finest members of the Judiciary and Bar on October 2, 2015, November 13,

2015 and/or April 15, 2016, as the Public Awareness & Speakers Committee embarks on the third year

of bringing the ABA-initiated Civics & Law Academy to Baltimore County Public School students. Each

Academy is held at one of the beautiful Community College of Baltimore County campuses, and serves

students from five area high schools each, bringing more than 100 students together at each Academy to

emphasize the importance of knowing and understanding their basic Constitutional Rights, in a format that is

both engaging and entertaining. Volunteer faculty are provided the curriculum, as well as presentations and

handouts. This is an inspiring way to reach out to the young people in our communities at this crucial stage of

their lives. You really can make a difference! To volunteer as faculty for one of these sessions, or for more

information, please contact Lisa Settles, Chair of the BCBA Public Awareness & Speakers Committee.



CRIMINAL LAW UPDATE by Robert C. Lidston

Three recent cases reported in the Amicus may be of

interest to practitioners.

Bonilla v. State, No. 63, September Term 2014,

filed May 22, 2015 (opinion by Adkins, J.). In 1989,

Bonilla was charged with two counts of first degree

murder and several related crimes. Under a binding

plea agreement, he pleaded guilty to Counts I and

III. As part of the arrangement, he was to testify

against a co-defendant and, thereby, receive a

sentence of life imprisonment on Count III with a

consecutive sentence of life imprisonment with all

but 20 years suspended on Count I.

At trial, the judge found that Bonilla was knowingly

and voluntarily pleading guilty and that, as judge, he

was bound by the terms of the agreement. After

testifying for the State, the Bonilla sentencing

hearing was held. At that hearing, his counsel

incorrectly stated that there was to be a sentence of

life in prison on Count I and a consecutive sentence

of life in prison with all but 20 years suspended on

Count III. The State did not notice the error and the

judge sentenced Bonilla to life in prison on Count I

and a consecutive sentence of life in prison with all

but 20 years suspended on Count III.

After 20 years of incarceration, Bonilla filed a

Motion to Correct illegal Sentence and Motion for

Credit Against Time Spent in Custody. He argued

that his sentence on Count I was illegal because it

"exceeded the sentence agreed upon by the parties

under the terms of the binding plea agreement." The

circuit court found that the sentences on both counts

were illegal and re-sentenced Bonilla according to

the original binding agreement which was life in

prison on Count III and a consecutive sentence of

life in prison with all but 20 years suspended on

Count I. Bonilla appealed to the Court of Special

Appeals which agreed with the circuit court, finding

that the original sentence on Count III was illegal

because it was below the binding plea agreement.

Bonilla petitioned for cert and the Court of Appeals

asked that the following question be answered: Did

COSA err by affirming the circuit court’s judgement

that a sentence below a binding plea agreement

constitutes an illegal sentence?

The Court of Appeals affirmed COSA’s decision.

Bonilla argued that his original sentence on Count

III was legal under Maryland Rule 4-345(a) because

it was the product of an "error in pronouncement"

and was not inherently illegal. The State responded

that any sentence in violation of a binding plea

agreement was inherently illegal.

The Court cited Maryland Rule 4-243(c)(3) which

states that when "a plea agreement is approved, the

judge shall embody in the judgement the agreed

sentence, disposition, or other judicial action

encompassed in the agreement or, with the consent

of the parties, a disposition more favorable to the

defendant than that provided for in the agreement."

The Court concluded that, therefore, the rule

required the sentencing court to follow the terms in

the binding plea agreement. Bonilla and the State

had agreed to a sentence of life imprisonment on

http://www.frankelderlaw.com/


CRIMINAL LAW UPDATE Continued from page 20

Count III - not the lower sentence that the

sentencing court imposed.

The Court went on to discuss whether the originally

given sentence in Count III was illegal under

Maryland Rule 4-345(a) and whether, thus, the

sentencing court’s error had made the sentence

inherently illegal. The Court discussed two cases

where violations of Maryland Rule 4-243(c)(3) were

held inherently illegal under the meaning of

Maryland Rule 4-345(a) when the sentence imposed

exceeded the binding plea agreement. The Court

clarified that its decision in the two precedents was

not limited to sentences that exceeded binding plea

agreements. They applied to a sentencing court that

imposed a lesser sentence than that which was

agreed upon.

It concluded that when a sentencing court violates

Maryland Rule 4-243(c)(3) by imposing, without

consent of the parties, a sentence that falls below a

binding plea agreement, the resulting sentence is

inherently illegal under Maryland Rule 4-345(a).

Because the original sentence in Count III was

below the binding plea agreement, and the State did

not consent to this change, Bonilla’s original

sentence was inherently illegal and subject to

correction under Maryland Rule 4-345(a).

Muhammad v State, No. 826, September Term

2014, filed May 29, 2015 (opinion by Eyler,

Deborah S., J.). Muhammad was charged with

attempted murder, rape, and related matters. The

victim testified in detail about what had happened.

Her injuries, included significant stab wounds which

resulted in her admission to Shock Trauma. When

she came out of sedation, four days later, a detective

took from her a detailed narrative of what had

happened. After the victim testified at trial, the State

called the detective to testify about what she had

told him. Defense counsel objected to the detective

testifying, but the court decided it would be

admissible as a prompt complaint of sexual assault.

The detective’s version of what had happened was

very nearly the same as the victim’s trial testimony.

Muhammad testified, providing a story completely

different from the victim’s. DNA evidence did not

connect Muhammad to the knife used in the

stabbing and did not support the victim’s version of

events. Muhammad was convicted and appealed to

the Court of Special Appeals.

COSA reversed the conviction. It found that the trial

court erred when it allowed the detective to re-tell

the victim’s story under the prompt complaint of

sexual assault exception to the rule against hearsay.

Under that exception, when a victim testifies, the

prosecution may introduce in its case the fact that a

prompt complaint was made by the victim, the

circumstances surrounding the making of the

complaint, and the date, time, crime, and identity of

the assailant as reported by the victim. The purpose

of this exception is to enable the prosecution to


http://www.chesapeakelegal.org/



provide some corroboration of the victim’s

testimony because sexual crimes are usually

committed in isolation, without witnesses, and the

prosecutions are most often credibility battles. The

exception does not allow the admission of the

victim’s full narrative of the events. That would be a

prior consistent out-of-court statement. In

Muhammad’s case, the trial court’s error was not

harmless beyond a reasonable doubt. Having the

detective repeat her narrative, likely bolstered the

victim’s credibility in the case in which a credibility

determination was essential.

Jones v. State, No. 2475, September Term 2013,

filed April 29, 2015 (opinion by Krauser, C.J.).

Jones was charged with multiple offenses, including

second degree murder with the intent to inflict

serious bodily harm, from his having been part of a

robbery, shooting and killing. A jury found him not

guilty of first degree murder, second degree murder

with the intent to inflict serious bodily harm, and

some other offenses, but was unable to reach a

verdict on the charge of first degree felony murder

and the use of a handgun in the commission of a

crime of violence. Consequently, the circuit court

granted a mistrial as to those two charges. The State

asked that the court rule that second degree felony

murder based on first degree assault was a charge

pending against Jones for which he could be

prosecuted at another trial. Jones objected, but the

trial court granted the State’s motion, finding that

second degree felony murder based on first degree

assault was a viable charge as it arose "out of the

facts of this case" and because Jones had "not been

acquitted" of it or the underlying offense of first

degree assault. The court decided that double

jeopardy would not bar the prosecution of Jones on

the charge of second degree felony murder based on

first degree assault.

Jones appealed to the Court of Special Appeals

which reversed the circuit court decision. Under the

"required evidence test," two offenses are to be

treated as the same offense for double jeopardy

purposes and thus successive prosecutions are

barred, where only one offense requires proof of an

additional fact so that all elements of one offense

are present in the other. Jones was acquitted of

second degree murder with the intent to inflict

serious bodily harm, and the prosecution wished to

retry him for the offense of second degree felony

murder based on first degree assault.

Both offenses require proof that the defendant’s

intentional conduct caused the victim’s death and

that the defendant’s conduct was so dangerous to

life that it made death a foreseeable result. Only

second degree felony murder based on first degree

assault goes on to require proof of a fact that the

other offense of second degree murder with the

intent to inflict serious bodily harm does not.

Second degree felony murder based on first degree

assault requires proof that the defendant committed

or tried to commit first degree assault, either by

causing or attempting to cause serious physical



harm to another or by committing an assault with a

firearm. To prove all the elements of second degree

felony murder based on first degree assault, the

State must first prove all the elements of second

degree murder with the intent to inflict serious

bodily harm. The offenses, then, under the required

evidence test are deemed to be the same for double

jeopardy purposes.

Paul E. Alpert, Retired Judge

Available for Mediation and Arbitration

Former Judge of District Court, Circuit

Court and Court of Special Appeals

410-484-2088

http://www.tuckerandmeltzer.com/

http://www.1stmarinerbank.com/

http://www.gorebrothers.com/


Message from the Executive Director …

How can I get involved? … If only I had a nickel for every time this question was asked! Young and

seasoned attorneys alike often wonder what they can do to get involved with the BCBA. All Committees

(except Bench/Bar and Lawyers Assistance) are open to everyone! By registering for a Committee, you will

be added to the individual Committee email list and be kept advised of anything going on with that

Committee. Simply email Maxine and let her know which Committee you are interested in joining.

Committee involvement is a great way to network with attorneys who share an interest in the same areas of

law, offering peer advice, lawyer-to-lawyer referrals, etc. For those attorneys “hanging out a shingle” for the

first time, or adding practice areas to their repertoire, this is a great way to get networked.

Come to our outstanding events: Orioles Night At The Yard on August 21st, Bar Year Kick-Off on

September 10th, Crab Feast on September 24th, Ravens Tailgate on October 11th. There really is something

for everyone! See the flyer on page 12 for a full year’s worth of events!

If you have any questions on how to get started, please email me, or call me at 443-465-7581.

I look forward to an exciting year of programs and events! As soon as they are scheduled, they will be on the

website calendar, The Advocate calendar, as well as the Committee Reports section of the website.

Doris Barnes

COMMITTEE REPORTS

All Committee Reports, Chair and Vice-

Chair contact information, upcoming

programs, and handouts from those

programs already held this year, can be

found online. Click on the Committee

Reports banner above.

Not sure what benefits are

available to you as a BCBA

Member? Click the picture

to the left to learn more, or

call or email Doris Barnes

or Maxine Morrow for more

information.



https://members.bcba.org/calendar/

http://www.bcba.org/news/news/bcba-committees/


http://www.bcba.org/news/news/bcba-committees/



http://www.bcba.org/membership-benefits/

http://www.zestsms.com/


LAWYER IN THE LOBBY CLINIC

The attorneys listed below have volunteered to staff

the LAWYER IN THE LOBBY CLINIC, which is held

the second Wednesday of each month, 4:30 to 6:30

p.m. This is an opportunity for citizens of

Baltimore County to meet, free of charge, with an

attorney for advice and/or referral or both

(including self-referral) in the areas of collections,

bankruptcy, landlord/tenant matters, contract,

warranties and other consumer matters, wills,

probate, advance directives, or small claims

actions.

If you are interested in staffing the Clinic, please

call Rachel M. Ruocco at 410-337-9100 or email

[email protected].

Signature Sponsors

The Baltimore County

Bar Association

continues its Signature

Sponsor program,

which enhances the

opportunities for our

sponsors, as well as our

members. This single-

tier program provides

more engagement

between our sponsors

and our members. Each

Signature Sponsor will

host one of teb

signature events held

throughout the year, thereby reducing the cost of the

event for members, and many other added benefits.

Sponsorships help the Bar Association maintain its

current dues level, despite the increasing costs of

providing top-shelf legal education programs, social

events, networking opportunities and Bar Office

services available in the County Courts Building. If

you know of a business that would be interested in

one of these limited sponsorship opportunities,

please contact Doris Barnes ([email protected] or 410

-337-9103).

Please join us in welcoming these sponsors and

consider their services when you need them. Their

ads are throughout each issue of The Advocate, and

can be located quickly using the index at the end of

the issue, and by the gold ribbon that accompanies

their ad. Please let them know you appreciate their

support. Thank you!

Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher

Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts



http://www.economic-analysis.com/


Upcoming Events

August 21 Orioles Night At the Yard

September 10 Bar Year Kick Off Event

September 24 Crab Feast

December 3 Holiday Party

January 28 Black-Tie Banquet

http://www.ics-insurance.com/





http://www.nl-tech.com/

http://www.mdsleuth.com/


The Baltimore County Bar Association 100 County Courts Building

401 Bosley Avenue

Towson, MD 21204-4491

410-337-9103-Telephone

410-823-3418-Facsimile

www.bcba.org

MEMBER ADVERTISEMENTS

Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a Partner’s

desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free

parking. Close to Towson court houses, I695 and I83. Email [email protected] or call 410-828-8500.

Dundalk. Available office space in Dundalk. Call 410-288-2900.

Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet, small

bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively, necessarily)

is desired. Spin-off work will be available. Rent $650/mo. Contact J. Michael Lawlor at 410-494-1800 or

[email protected].

Towson law offices available for sublet. We are four busy lawyers working in a nicely furnished suite of offices on the 8th

floor of 401 Washington Avenue, overlooking the Old Courthouse. We have 1-4 lawyer’s offices, plus work stations for legal

assistants available. Suite is equipped with phones, reception area, conference room, kitchen, copier and postage meter.

Competitive rates. http://www.401washingtonave.com. Macy Nelson, 410-296-8166 x 290; [email protected].

The BCBA-designated charity for 2015-2016

http://www.bcba.org

mailto:[email protected]?subject=Advocate%20Ad:%20Historic%20Lutherville%20Office%20Space

mailto:[email protected]?subject=For%20Rent:%20Lawyer's%20Office%20-%20Advocate%20Ad

http://www.401washingtonave.com

mailto:[email protected]?subject=Law%20Offices%20Availabe%20for%20Sublet:%20Advocate%20Ad

http://www.bcba.org/

http://www.itinerisbaltimore.org/

Advocate August 2015

Documents

Transcript of Advocate August 2015