Advocate September 2015
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Transcript of Advocate September 2015
THE ADVOCATE Page 1 September 2015
Electronic case filing – while
available in federal courts for
years – has arrived or will soon
arrive at a state court near you.
Electronic warrants are on the
horizon, too. We’ve also seen the
advent of law practice
management software, web and
cloud-based products, legal
research tools and internet
marketing via social media. It’s
enough to make your head spin.
And then, there is the change in
the legal marketplace. With the
emergence of businesses like
Legal Zoom, AVVO and others,
some wonder whether the
practicing attorney will become
obsolete.
However, even as the practice of
law evolves, it is still the lawyer
who is uniquely qualified to
advocate for his/her client - in and
out of court. It is the lawyer who
uses training, knowledge,
professional and life experiences
to counsel clients, screen cases,
conduct discovery, evaluate
evidence and go to trial. Yes,
THE ADVOCATE
Newsletter of The Baltimore County Bar Association
Inside This Edition
Program Registrations Pg 17
Bench/Bar Committee Pg 18
Calendar of Events Pg 3
Civics & Law Academies Pg 21
Classified Ads Pg 30
Committee Programs Pg 28
Court Notices Pg 7
Criminal Law Update Pg 22
Executive Council Pg 4
Historical Perspectives Pg 13
Judicial Portrait Fund Pg 9
Lawyers Assistance Pg 16
Memorial Service Pg 6
Night At The Yard Pg 10
Pro Bono Nominations Pg 14
Professional Lawyer Pg 12
Save-The-Date Flyer Pg 15
Spotlight on Judge Cox Pg 8
Veterans Legal Hotline Pg 26
PRESIDENT’S MESSAGE
by Hon. Vicki Ballou-Watts
VOLUME XXV, NO. 2 September 2015
Continued on page 2
DTI Global - Signature Sponsor
“Who Are You and Why Are
You Here?”
When I was a college student, I
became a member of a unique
organization dedicated to
scholarship and service.
Membership was coveted and with
acceptance came an expectation
that each member would make a
lifetime commitment to the
organization’s principles. During
the membership intake process, to
underscore the importance of
identity and purpose, those who
were members would occasionally
ask those seeking membership:
“Who are you and why are you
here?”
I’m reminded of this experience
when I reflect upon the qualms
some have expressed about the
current state of the legal profession.
Judges and lawyers are witnesses
to unprecedented change in the
practice of law and the
administration of justice. That can’t
be denied. Globalization and
technology have affected the way
cases are tried in the courtroom.
THE ADVOCATE Page 2 September 2015
technology can aid the lawyer in practice, but a
software program is no substitute when it comes to
the essential aspects of lawyering.
Technology has improved the administration of
justice in many ways but artificial intelligence can’t
replace the function and qualities of a good judge.
Judges, unlike computers, have the ability to
exercise discretion. Trial court judges (and appellate
judges) must understand and apply the law and they
must understand people, too. Lawyers, litigants,
witnesses, victims, criminal defendants, jurors and
others who appear in court come from different
educational backgrounds, economic circumstances,
cultures and life experiences. While those factors
may not impact every ruling, a good judge will make
appropriate observations and consider those
observations in the context of the decision-making
process. There isn’t an app (application) for that.
PRESIDENT’S MESSAGE
Continued from page 1
So, the next time someone questions the continued
relevance of the traditional legal profession or
perhaps asks as my college schoolmates once did:
“Who are you and why are you here?,” please be
ready to respond. We are protectors of precious
rights for those who have entrusted their legal
challenges to us. We utilize technology as a helpful
tool in fulfilling our professional responsibilities.
However, we have committed ourselves to the entire
spectrum of education, training and experiences
necessary to ensure that justice is done. In this way,
we are uniquely qualified to serve the interests of
the individual and society.
Honorable Vicki Ballou-Watts,
President, Baltimore County Bar
Association
September 2015
SPECIAL NOTICE
For the September 2015 issue, The Advocate is available in both a print and digital format. And,
going forward, we’ve made the digital version easier to access. When you receive the BCBA
email, simply click the link and The Advocate will appear on your screen. A PDF option will
continue to be available. You can also access The Advocate on our BCBA website and FaceBook
page. The BCBA gives special thanks to The Law Offices of Peter G. Angelos for its generosity
in sponsoring the September print edition. Another print edition is planned for the late Winter/
early Spring 2016. If you would like to sponsor the next print edition of The Advocate, please
contact BCBA Executive Director Doris Barnes at 443-465-7581 or [email protected].
BCBA President Hon. Vicki Ballou-Watts
THE ADVOCATE Page 3 September 2015
CALENDAR OF EVENTS
Program/Event Registration Form can be found on page 17
Individual flyers can be found on with the online registration for
each program on the website calendar.
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 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf Room
10 Real Property, Hot Tips on CZMP Process, Noon, Mezzanine 08
10 Membership Kick-Off Event, 5 p.m., Greene Turtle, Towson
15 Executive Council Meeting, 8 a.m., Judicial Conference Room 363
17 How to Get The Most Out of Your Judicial Clerkship, 4:30 p.m.
18 UB Law Alumni Golf Tournament, 8 a.m., Mt. Pleasant
22 Law Day Committee Meeting, 5 p.m., Mezzanine 08
22 Estates & Trusts Happy Hour Kick-Off, 5 p.m., Towson Tavern
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
October 2015
1 Family Law: Limited Representation, 5 p.m., Mezzanine 08
2 Civics & Law Academy, 9 a.m., CCBC Owings Mills
6 Memorial Committee Meeting, 5 p.m., Mezzanine 08
7 Constitution & ByLaws Committee Meeting, 5 p.m., Mezzanine 08
8 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf Room
12 Courts and Bar Office CLOSED, in observance of Columbus Day
13 Executive Council Meeting, 8 a.m., Judicial Conference Room 363
14 Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m.
14 Criminal Law Committee Program, 5 p.m., Mezzanine 08
15 Stated Meeting, 4:30 p.m., Courtroom TBD, County Courts Building
22 Family Law Legislation w/State Senator Zirkin, 6 p.m., HVGC
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
Hon. Vicki Ballou-Watts
Robert J. Thompson
Adam T. Sampson
Rebecca A. Fleming
THE ADVOCATE Page 4 September 2015
MEET THE BCBA EXECUTIVE COUNCIL
President
Hon. Vicki Ballou-Watts
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.
THE ADVOCATE Page 5 September 2015
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.
THE ADVOCATE Page 6 September 2015
On Thursday, August 13, 2015, Magistrate
Jacqueline Elizabeth Dawson lost her courageous
battle with ovarian cancer. The BCBA extends its
heartfelt condolences to her family during this
difficult time. A full feature on Magistrate
Dawson will be included in the October Advocate.
IN MEMORIAM
Memorial & Recognition Committee
Annual Memorial Service
November 19, 2015, 3:30 p.m.
Ceremonial Courtroom No. 5
Those who will be remembered include
Gary D. Schenker
C. Daniel Held
William J. Blondell Jr.
H. Thomas Howell
John L. Calhoun
Thaddeus J. Hense
Lynn C. Golberg
John E. Raine III
Frederick Steinmann
Frances M. Angelos
J. Michael Recher
John Wilmer Conrad III
Emily Miller Rody
Magistrate Jacqueline E. Dawson
If there is anyone else who should be included on
this list, please notify Doris Barnes at the Bar
Office immediately, thank you.
This year, we will adjourn to Café Troia located
at 28 Allegheny Avenue in Towson for an
opportunity to spend additional time with the
family, friends and colleagues of our fallen
brethren. We are looking for sponsors to provide
refreshments. If you are able to do so, it would be
greatly appreciated. Individuals are certainly
welcome to support this as well. Please make
checks payable to the BCBA and mail or drop off
checks to the Bar Office. In advance, thank you.
Any unspent funds will be set aside for the next
service.
THE ADVOCATE Page 7 September 2015
COURT NOTICES
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
From Hon. Ruth Ann Jakubowski
Family Law Coordinating Judge, Circuit Court for Baltimore County
August 14, 2015
In an effort to facilitate the timely scheduling of hearings conducted before Magistrates, effective
immediately, the maximum time allowed for a Pendente Lite hearing will be one-half day. If any party
believes they need additional time, they must submit a request in writing within ten (10) days of the
scheduling conference, detailing the basis for the request and the additional time needed. All requests
should be submitted to the Civil Assignment Office. A Family Law Magistrate will review all written
requests. A request for reconsideration of a denial of additional time may be submitted in writing to the
Family Law Coordinating Judge for review.
THE ADVOCATE Page 8 September 2015
SPOTLIGHT ON HON. KATHLEEN GALLOGLY COX by Catherine F. Woods
equity.” Specifically, the committee analyzes the
need, size and caseload of each jurisdiction,
considering the need for funding and how and what
resources are being diverted where. The goal is to
ensure some sense of parity between jurisdictions,
Judge Cox advised this writer.
According to Judge Cox, it is a great time to be an
Administrative Judge. Participation in these
committees has aided Judge Cox in her efforts to
strenuously advocate for the Circuit Court for
Baltimore County. Involvement in the committees
has, she feels, clarified the big picture, as well as
the smaller picture. Internally, Judge Cox states
that she and certain colleagues have sought to
streamline case management and expedite the
processing of cases. They are striving to have
more cases heard more quickly; to increase
efficiencies; and to secure resources that will bring
those goals to fruition. In particular, Judge Cox
and her team have been successful in minimizing
“stand by” cases; reworking the Family DCM plan
to provide for more front end services. They have
added more settlement days; are trying complex
case tracks; and are opening up multi-day cases to
be heard by Magistrates.
While more changes have been made in the family
law arena, modifications have also been made to
how criminal cases are heard. The postponement
policy was altered; a plea docket was created and
motions were moved to the afternoon to capitalize
on the Court’s docket
Significantly, Judge Cox, with the help of others,
was able to get the County to fund a business
practice analysis by the Justice Management
Institute. The Institute will engage in a multi-
month analysis of staffing needs, resources, case
volume and internal efficiencies, thereafter issuing
a final report and recommendations. Judge Cox
anxiously awaits the results, which are due out in
the Fall.
Who knew that all these efforts were going on
behind the scenes?!
When this writer last wrote about the Honorable
Kathleen Gallogly Cox for The Advocate in
September, 2013, she was just taking the helm as
Chief Administrative Judge following Judge John
Grason Turnbull’s recent retirement. Judge Cox’s
appointment coincided with the appointment of the
new Chief Judge of the Court of Appeals, new
Court Administrator, and new District Court chief
judge. The Fall of 2013 also ushered in a period of
time in which the restructuring of the judiciary as a
whole was in its infancy but gathering momentum
swiftly.
Judge Cox was appointed by Chief Judge Mary
Ellen Barbera to serve on the committee that she
formed to scrutinize the overall structure of the
judiciary to ensure that it was a model of efficiency
and productivity. One positive outcome of this
committee was the shrinking of 125 task forces and
committees to approximately 12 committees,
resulting in a more stream-lined, efficient and
effective structure.
Judge Cox was also brought aboard the Strategic
Planning Committee in 2013. This Committee’s
Mission Statement involves looking at where the
Court System is at present; defining the Court’s
role in the community at large; determining what
the Court system should look like going forward;
and ensuring that the Court as a whole is staying
true to its vision. One outgrowth of the strategic
planning process is a focus on “court house
THE ADVOCATE Page 9 September 2015
HEAR YE, HEAR YE …
CALLING ALL LAW CLERKS, JACOBSON’S JESTERS &
FRIENDS OF HON. LEONARD JACOBSON
Noted Portrait Artist Kathleen Meredith has been commissioned to
render the portrait of the late Honorable Leonard Jacobson. Funds
are being received by the Baltimore County Bar Foundation to
support this endeavor.
Please make your check payable to the Baltimore County Bar
Foundation (Memo: Jacobson Portrait Fund), and send or deliver to
the Bar Office, 100 County Courts Building, 401 Bosley Avenue,
Towson, MD 21204. Please include instruction on exactly how you
would like your name printed on the program for the unveiling.
For those wishing to take a stroll down Memory Lane, and those who have no idea of the
hidden theatrical talents of some of the now-senior members of the bar, you are encouraged to
visit the Baltimore County Small and Solo Attorney’s Blog penned by Jeffrey R. Scholnick,
which includes a couple clips from Justice—All that Jazz.
Baltimore County Bar Foundation, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204
I have enclosed the sum of $ for the Jacobson Portrait Fund.
Please charge the following credit card, in the amount of $ .
Name on Card____________________________________Telephone Number
Card No Exp Sec. No.
BILLING Address
City State Zip
Name, as it is to appear in the program:
I would like to be notified of the Unveiling Ceremony:
via email or telephone
THE ADVOCATE Page 10 September 2015
BCBA Orioles Night at The Yard - August 21, 2015
THE ADVOCATE Page 11 September 2015
THE ADVOCATE Page 12 September 2015
The BCBA-designated charity for 2015-2016
Example:
Lawyer Holly Qualified, Esquire conducts a busy general practice. While it is not always easy, her first
priority is to respond to her clients’ questions and to keep them up-to-date on the status of the matters they
have entrusted to her care. She sends them copies of every letter, email, pleading and paper generated or
received on their behalf. She notes her calendar to follow up with regular status reports. She tries to answer all
inquiries within 24 hours of their receipt. As a result, all of Lawyer Qualified’s clients believe that, regardless
of the outcome, she always has their interests at heart.
IDEALS OF PROFESSIONALISM, approved by the Maryland Court of Appeals:
A Calling to Service
A lawyer should:
(5) keep a client apprised of the status of important matters affecting the client and inform the client of
the frequency with which information will be provided, understanding that some matters will require
regular contact, while others will require only occasional communication;
Comment:
“If you don’t give people information, they will make up something to fill the void.”
Carla O’Dell
Maintaining service to one’s client is at the core of the practice of law. No matter how many other clients a
lawyer may have, the only case which is important to any individual client is his or her own. Regular and
timely communication sends a powerful message that the client’s legal matter is as important to the lawyer as
it is to the client. Keep in touch and keep your clients happy.
THE PROFESSIONAL LAWYER by Keith R. Truffer
THE ADVOCATE Page 13 September 2015
HISTORICAL PERSPECTIVES: THANKS T. WRAY (MCCURDY) by G. Darrell Russell, Jr.
named Bill Sutton. Bill had tried a handful of cases
against Wray and liked the young aggressive
prosecutor. Sutton offered Wray full partnership in his
Eastside law firm, and the firm Sutton & McCurdy was
established. Later, the firm became Sutton, McCurdy
& Stone, when Norman Stone had left the Public
Defender’s office. After Norman was appointed as a
District Court Judge and Bill retired, the Law Offices
of T. Wray McCurdy was established
Wray’s Eastern Avenue end of row brick building is
viewed as an Essex landmark of sorts. It produces a
criminal law practice which finds Wray in metropolitan
courts daily. Essex District Court is his home court,
but he has tried cases in almost every county in the
state. Wray also has a modest Worcester County
practice, which is the county of his Ocean City beach
house.
We will surely pass, when the one who left us here
returns for us at last. We are but a moment’s sunlight
fading in the grass. Come on people… everybody get
together right now. The Youngbloods
Wray still chases the big waves. Wray was appointed
to the Board of Directors of the Maryland State Public
Defender’s Office in 2002 by Governor Ehrlich. He
was made Chairman of the Board in 2007 by Governor
O’Malley. Wray remained Chairman until 2011, and
he was recently reappointed by Governor Hogan. Wray
handles his position with his typical courage and
conviction.
Wray made some big moves and left a legacy of
positive accomplishments during his tenure as Bar
President. He moved the holiday party to a more
central location, the Towson Tavern. He also moved
the annual banquet from Martin’s West to the Hunt
Valley Inn. Executive Council affairs were given
different venues, and a Ravens tailgate party, featuring
a tailgate grilling contest, was created. Wray only
regrets that his gourmet flank steak dish did not win
the big prize. Wray has much respect and fondness for
his successor as Baltimore County Bar Association
President, Judge Vicki Ballou-Watts. He has worked
tirelessly to make the transition smooth for her.
The year went by like a speeding roller coaster on the
boardwalk, as opposed to the endless summers of
youth. Thanks again, T. Wray.
Call out the instigator because there’s something in the
air. We have got to get it together sooner or later
because the revolution is here. And you know it’s right.
Thunderclap Newman
Last year, the Bar Association was led by a “Big Wave
Runner,” which is how T. Wray McCurdy refers to
himself. Wray has lived his life in the waves at Ocean
City, and fishing on his twenty-five foot power
catamaran in pursuit of a big catch. And, as Bar
President, Wray faced some wild surf. But, Wray was
able to ride out the waves to end up sitting on top of the
world.
When I die and they lay me to rest, I’m gonna go to the
place that’s the best. I got a friend in Jesus. So you
know when I die, he’s gonna send me up to the spirit in
the sky. Norman Greenbaum.
Wray was born in the Baltimore suburbs of Lutherville.
His family moved to Salisbury, when Wray’s father’s
employer bought a steel subsidiary based in the Eastern
Shore. Wray attended James M. Bennett Jr. and Sr.
High School, and then Washington College in
Chestertown, graduating with a degree in Economics.
Wray enjoyed good fortune in law school when he
began dating Gail Horn . Gail and Wray wed in the
summer between his second and third year of law
school. They are the proud parents of two great kids.
Son Tray, now 28, has a Master’s degree in Finance
from Tulane, and daughter Molly, 26, graduated summa
cum laude from the University of Tennessee. Both
children, by happenstance, work in San Francisco. So,
Wray and Gail rack up their frequent flier miles visiting
them across the country.
I’ve been thinkin’ about all the places we surfed and
danced and all the faces we’ve missed. Let’s get
together and do it again. Brian Wilson and the Beach
Boys
Wray’s first job while attending law school was with
Chesapeake Ship Building. He worked out of the World
Trade Center doing boat management and routing. Next,
Wray joined the State’s Attorney’s Office. Wray
worked with the SAO for eighteen months, until he
received a generous offer from a defense attorney
THE ADVOCATE Page 14 September 2015
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
THE ADVOCATE Page 15 September 2015
THE ADVOCATE Page 16 September 2015
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
RICHARD LYNAS, Vice-Chair 410-288-1099
STUART AXILBUND 410-832-7579
JIM BEACH 410-241-8538
MARY CHALAWSKY 410-649-2000
MARISSA JOELSON 917-226-6472
JAY MILLER 410-951-7165
JOSE MOLINA 443-851-7353
SAM MOXLEY 410-733-3306
JOE MURTHA 410-583-6969
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.
THE ADVOCATE Page 17 September 2015
PLEASE register me for the following programs/events:
Registration Fee:
Member Non-Member
September 9, Family Law Meet & Greet $50 $60
September 10, Hot Tips: CZMP Process FREE $20
September 10, Bar Year Kick-Off Event FREE $10
September 17, How to Get The Most Out of
Your Judicial Clerkship FREE FREE
September 22, E&T Happy Hour Kick-Off FREE $20
September 24, Annual Crab Feast $50 $60
September 29, Meet & Greet the County Council $25 $50
October 1, Family Law: Limited Representation $10 $20
October 14, Criminal Law Program FREE $20
October 22, Family Law Legislation w/State Senator Zirkin $50 $60
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.
THE ADVOCATE Page 18 September 2015
Upcoming Events
September 10 Bar Year Kick Off Event
September 24 Crab Feast
December 3 Holiday Party
January 28 Black-Tie Banquet
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.
Meetings will be held on the following dates
September 10, 2015
October 8, 2015
November 12, 2015
December 10, 2015
January 14, 2016
February 11, 2016
March 10, 2016
April 14, 2016
May 12, 2016
June 9, 2016
Members Appointed to Serve
Hon. Kathleen G. Cox
Timothy Sheridan
Julie Ensor
Hon. Alexandra N. Williams
Michael Esposito
Hon. William R. Evans
Hon. Will Somerville
Magistrate Wendy Schenker
Scott D. Shellenberger
Gregory Gaskins
Donald Zaremba
Sheryl D. H. Atkins
Debra G. Schubert
Leonard Shapiro
Sondra M. Douglas
Alexander C. Steeves
Freed Allentoff
Harry L. Chase
C. Carey Deeley Jr.
Bruce E. Friedman
Laura C. Jenifer
Julie E. Landau
Patrick E. Maher
Hon. Stacy A. Mayer
Hon. Nancy M. Purpura
James A. Sorensen
Bench/Bar Committee 2015-16
Mary R. Sanders, Chair
410-339-4100
Richard Grason VI, Vice-Chair
410-296-8655
Members of the Bar who wish to have an
issue presented at a Bench/Bar Meeting
should contact Mary Sanders, Chair.
THE ADVOCATE Page 19 September 2015
BANKRUPTCY—Chapters 7 and 13
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Vehicle Repossessions Creditors Calls
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We are a Debt Relief Agency servicing all areas of
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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 the website at www.bcba.org.
THE ADVOCATE Page 20 September 2015
Members of the Baltimore County Bar Association's
Young Lawyers Committee welcomed new 1L
students at the University of Baltimore School of Law's
student orientation in August. The School set up group
meetings where the incoming law students would meet
with a practicing attorney and discuss topics from final
exams to the bar exam to finding a job.
Students sat at tables with attorneys and had an
opportunity to engage in an informal discussion with
lawyers who were in a similar situation a few years
prior. Although the students had not had their first day
of classes, they were already asking questions about
the bar exam and wanted to know how to study for it
and which bar review classes to take.
Another popular topic of discussion was how the
attorneys ended up working in certain practice areas,
and whether or not they had an interest in that type of
law when they started law school. The lawyers were
able to reassure the students that it is perfectly
acceptable to not know which area of the law may
interest them the most as they begin law school. They
also reassured the students that their interests would be
expanded during law school as they participate in
activities such as moot court, law clinics, and
internships.
After a lot of discussions about surviving the first year
of law school, the conversations then turned to what
the students could be doing to make themselves more
appealing to potential employers, and the best ways to
go about finding that first job. The attorneys shared
their experiences and gave the students their personal
tips on how to get experience while still in law school.
Finally, business cards were exchanged and the
students moved along to continue with orientation
activities. The students even received a few
applications to join the Baltimore County Bar
Association as membership is free for law students.
Before we see them in court in a few years, we hope to
see them at some of our events so that they can be
welcomed by more members get involved early in their
careers.
YOUNG LAWYERS WELCOME
1L STUDENTS TO UB LAW by Sandy Steeves
THE ADVOCATE Page 21 September 2015
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.
Y ou really can make a difference! To volunteer as faculty for one of these sessions, or for more
information, please contact Lisa Y. Settles (410-339-5783; [email protected]), Chair of the BCBA
Public Awareness & Speakers Committee.
VOLUNTEERS NEEDED
THE ADVOCATE Page 22 September 2015
CRIMINAL LAW UPDATE by Robert C. Lidston
The August Amicus contains a Court of Appeals
decision and two Court of Special Appeals decisions
which may be of interest to practitioners.
Counts v. State, No. 65, September Term 2014, filed
July 27, 2015 (opinion by Barbera, C.J.). Counts
was arrested in connection with a burglary and
charged with that crime and related offenses. Count
four of his indictment charged that he stole property
having a value of less than $1,000.00. On the
morning of the circuit court trial, the State sought to
amend count four from theft of "less than a
$1,000.00" to "theft of at least $1,000.00 but less
than $10,000.00." The attorney for Counts objected,
telling the court that the amendment changed the
offense from a misdemeanor to a felony and
changed the possible jail time from 18 months to 10
years. The State answered that the elements of the
offense stayed the same and that only the penalty
changed. The trial judge allowed the amendment.
The jury did not find Counts guilty of first degree
burglary. However, it found him guilty of fourth
degree burglary, theft of goods having a value of at
least $1,000.00, and theft of good valued under
$100.00. Counts appealed to the Court of Special
Appeals. His argument was that the trial court erred
in allowing the amendment of count four. COSA, in
an unreported opinion, held that the trial court had
not erred and affirmed the conviction. The Court of
Special Appeals reversed the conviction.
The issue before the Court of Appeals was whether
the trial court erred in allowing the State, over
defense objection, to amend count four from "theft
of property with a value of less than $1,000.00" to
theft of property "with a value of at least $1,000.00
but less than $10,000.00." Such a charging
document amendment is governed by Maryland
Rule 4-204. The purpose of that rule is to prevent
unfair surprise to a defendant. The Court decided
that allowing the amendment changed the character
of the offense charged. The amount of value of the
property stolen is an element of felony theft. It held
that if the State wants to have a defendant convicted
of one or more specific grade of felony theft, the
State must allege and prove that the value of the
property in question is at or more than the threshold
value for the greater felony charge.
The Court decided that changing a charging
document to alter or add an element changes the
character of the offense charged and is, thus, not
permissible without the consent of the defense. The
trial judge violated Rule 4-204 by allowing the
State, over defense objection, to amend the charging
document so as to change the character of the
offense by inserting an element that, before the
amendment, the State did not have to prove to the
jury. This was prejudicial per se, entitling Counts to
a reversal of his felony conviction. The Court
remanded the matter to the trial court for the entry
of a judgment of conviction and sentence on the
originally charged misdemeanor of theft or property
valued at less than $1,000.00.
THE ADVOCATE Page 23 September 2015
CRIMINAL LAW UPDATE Continued from page 22
Randall v. State, No. 1879, September Term 2013,
filed July 1, 2015 (opinion by Leahy, J.). A
Maryland resident died leaving a Will devising,
among other things, real property in Arizona to her
residuary estate. Randall, an Arizona resident,
served as co-personal representative of the estate.
She filed a "proof of authority" with the proper
Arizona court, giving her the power to act on the
estate’s behalf in Arizona under the authority issued
by the State of Maryland. She sold the Arizona
property, did not account for the proceeds in the
Maryland estate, failed to distribute the proceeds to
the heirs, and kept the vast majority of the proceeds
for herself. A Maryland grand jury charged her with
theft and embezzlement. Because of uncertainty
about her Arizona address, the State took over two
years to try Randall after her indictment. The trial
court denied her motion to dismiss for lack of a
speedy trial. During her trial, the trial judge also
denied her motion for acquittal based on the lack of
jurisdiction to prosecute the charge against her. A
jury convicted her of theft and embezzlement.
Randall appealed to the Court of Special Appeals
which affirmed her conviction. COSA held that the
State did not violate Randall’s constitutional right to
a speedy trial by taking over two years to try her
following her indictment. It noted that the two year
delay triggered Barker v. Wingo, 407 U.S. 514
(1972) which requires the analysis of four factors:
length of the delay, reasons for the delay, assertion
of a speedy trial right, and prejudice. As to the
reasons for the delay, COSA noted that the State has
a duty to procure a defendant’s presence for trial and
that it must act with "reasonable diligence." Because
there was confusion about Randall’s Arizona
address an because the State acted reasonably to
resolve this confusion, COSA decided that the
"reason for delay factor" did not weigh in Randall’s
favor. As to the particular circumstances of
Randall’s case, the delay caused largely by the
failure of an Arizona sheriff’s office to serve the
warrant which was followed by Randall’s efforts to
fight extradition, along with the lack of prejudice in
the case, COSA held that the trial court did not err
in denying the motion to dismiss.
As to Randall’s argument that Maryland did not
have jurisdiction to prosecute the crimes because
they occurred in Arizona, COSA, in rejecting the
argument, relied on the "duty to a count" theory
espoused in Wright v. State, 339 Md. 339, 406
(1995). In that decision, the Court of Appeals held
that jurisdiction over a theft offense exists in
Maryland if the defendant was subject to a duty to
account for the property in Maryland. COSA
explained that although Maryland probate law does
not explicitly require a personal representative to
account for proceeds from the sale of foreign real
property in a Maryland estate, a personal
representative may still be required to account for
the proceeds of the sale if the state in which the
foreign real property was located did not require an
accounting. Randall’s actions in Arizona then
Continued on page 24
THE ADVOCATE Page 24 September 2015
CRIMINAL LAW UPDATE Continued from page 23
became key to the court’s analysis. COSA held that
where a personal representative does not open an
ancillary proceeding in the foreign state, but instead
sells the resident decedent’s foreign real property
under the authority issued by Maryland which is
accepted by the foreign state, the personal
representative is required to account for the proceeds
in Maryland. Randall had not been required to
account for the proceeds in Arizona and did not
report them in the Maryland estate.
Taylor v. State, No. 494, September Term 2014,
filed July 30, 2015 (opinion by Zarnoch, J.). A
police officer observed an SUV traveling at what
appeared to be a high rate of speed. The officer
followed and saw the vehicle fail to stop at a stop
sign. The officer then turned on his emergency
lights, the SUV stopped, and the officer pulled up
behind it. When the officer asked the vehicle’s only
passenger, Taylor, for his driver’s license, he
detected an odor of alcohol on Taylor’s breath and
noted that his speech was slurred and hard to
understand. Taylor’s eyes were also bloodshot and
glassy. When the officer asked Taylor where he was
before he began driving, Taylor answered that he
had been at a bar.
The officer asked Taylor to step out of the SUV so
that he could administer field sobriety tests. The
officer determined that Taylor failed the horizontal
gaze nystagmus, the nine-step walk-and-turn, and
the one-legged stand. He placed Taylor under arrest
for suspicion of DUI. A back-up officer arrived and
searched the vehicle to locate any alcohol or open
containers. The search of the SUV’s console turned
up a clear plastic baggie containing smaller bags of
cocaine.
Taylor was charged with various drug, alcohol, and
traffic offenses. He moved to suppress the cocaine,
claiming that it was seized in violation of his Fourth
Amendment rights. His motion was denied and he
was convicted. He appealed to the Court of Special
Appeals which affirmed his conviction.
COSA rejected Taylor’s Fourth Amendment
argument. It relied on Arizona v Gant, 556 U.S. 332
(2009), where the Supreme Court decided that a
police officer may conduct a vehicle search incident
to a lawful arrest when it is "reasonable to believe"
that evidence related to the crime of arrest might be
found. This "reasonable to believe" inquiry is the
same as a "reasonable suspicion" standard for a stop
and frisk.
In applying the standard to the Taylor matter,
COSA pointed to the officer’s experience with
inebriated motorists; his reasonable belief that a
DUI arrestee would often have alcoholic beverages
in his vehicle; the connection between alcohol
consumption and inebriation; the fact that the
officer never saw Taylor drink outside of the
vehicle; and the fact that the presence of open
alcoholic beverage containers in a vehicle is a way
of proving DUI in Maryland. The officer had reason
THE ADVOCATE Page 25 September 2015
CRIMINAL LAW UPDATE Continued from page 24
to believe that Taylor would have alcoholic
beverages in his SUV and, thus, the search was
justified.
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
THE ADVOCATE Page 26 September 2015
THE ADVOCATE Page 27 September 2015
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
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
THE ADVOCATE Page 28 September 2015
Criminal Law Committee
Mezzanine 08, 5 - 6 p.m.
October 14, 2015
December 9, 2015
February 10, 2016
April 13, 2016
June 8, 2016
Entertainment Committee
October 11, 2015, Ravens’ Tailgate
December 3, 2015, Holiday Party
January 28, 2016, Black-Tie Banquet
March 11, 2016, Bowling @ Mustang Alley
April 26, 2016, Supreme Court Group Admission
June 2, 2016, Golf Tournament
Estates & Trusts Committee
September—Happy Hour
October
November
Family Law Committee
Dinner Programs, 6 p.m.
September 9, 2015, TG&CC
October 22, 2015
November 10, 2015
March 24, 2016
April 7, 2016, Joint Program with BABC
Informational Sessions
Mezzanine 08, 5-6:30 p.m., followed by Happy
Hour in Towson
October 1, 2015
December 1, 2015
January 13, 2016
January 20, 2016
Evening Series
Mezzanine 08, 5-6:30 p.m.
March 16, 2016
April 20, 2016
May 18, 2016
Law Day 2016
Miranda, More Than Words
To be celebrated on Monday, May 2, 2016
September 22, 2015, 5 pm, Mezzanine
Planning Meeting - Please join us!
Memorial & Recognition Committee
November 19, 2015, 3:30 p.m., Annual Memorial
Service. Those who will be remembered include:
Gary D. Schenker
C. Daniel Held
William J. Blondell Jr.
H. Thomas Howell
John L. Calhoun
Thaddeus J. Hense
Lynn C. Golberg
John E. Raine III
Frederick Steinmann
Frances M. Angelos
J. Michael Recher
John Wilmer Conrad III
Emily Miller Rody
Magistrate Jacqueline E. Dawson
If there is anyone else who should be included on
this list, please notify Doris Barnes at the Bar Office
immediately, thank you.
This year, we will adjourn to Café Troia located at
28 Allegheny Avenue in Towson for an opportunity
to spend additional time with the family, friends and
colleagues of our fallen brethren. We are looking
for sponsorships to provide a few cocktails and
appetizers. If you are able to do so, at $100 per firm,
Committee Programs
THE ADVOCATE Page 29 September 2015
it would be greatly appreciated. Individuals are
certainly welcome to support this, as well, at any
amount they are able to donate. Please make checks
payable to the BCBA and mail or drop off to the Bar
Office. In advance, thank you.
Negligence, Insurance & Workers’ Comp
Mezzanine 08, 5-6:30 p.m.
November 18, 2015
Competency in the Courtroom
February 18, 2016
Workers’ Comp - Vocational
Rehabilitation
May 3, 2016, followed by a Happy Hour
Medical Malpractice Matters
Public Awareness & Speakers Committee
Civics & Law Academies
October 2, 2015 @ CCBC Owings Mills
November 13, 2015 @ CCBC Essex
April 15, 2016 @ CCBC Catonsville
Real Property Committee
Mezzanine 08, 12 - 1:30 p.m.
Brown Bag Lunch
September 10, 2015
November 17, 2015
March 8, 2016
May 10, 2016
State, Local Laws & Zoning Committee
September 29, 2015, 5-7 p.m., Whiteford, Taylor &
Preston, Towson Office
Meet & Greet the County Council
Dinner Programs, 6 p.m.
November 4, 2015
February 4, 2016
March 3, 2016
April 13, 2016
Technology Committee
To Be Scheduled …
MDEC, e-filing status and coming
attractions
Getting Your Office Ready for MDEC
Technology in the Courtroom
Social Media for Marketing &
Investigation
Cloud Computing
Also look for monthly articles beginning next month
on technology tips, apps, practice software, case
management, etc. If you are interested in writing one
of these columns, please contact Rob Erdman, 410-
296-3630.
Young Lawyers Committee
September 10, 2015, Greene Turtle, Towson
Bar Year Kick-Off Party, 5 p.m.
September 24, 2015, Ocean Pride Restaurant
Annual Crab Feast, 6 p.m.
Committee Programs
THE ADVOCATE Page 30 September 2015
THE ADVOCATE Page 31 September 2015
THE ADVOCATE Page 32 September 2015
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
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].
A VERY SPECIAL THANKS to
The Law Off ices of Peter G. Angelos
For their generous sponsorship of the printing and mailing of this
Specia l Edi t ion of The Advocate
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