Newsletter of the Prince George’s County Bar Association, Inc. January 2013
A NEW YEAR’S RESOLUTION
A Happy New Year to everyone. I hope that you have
recovered from the holidays. Before I go any further I would
like to thank all of those that made the Prince George’s County
Bar Association Holiday Party a major success. From the
great attendance to the generous bids on the silent and live
auctions, thank you from the entire Prince George’s County
Bar Association Board and Executive Committee. It is easy to
reflect back on 2012 and see all of the great accomplishments INSIDE THIS ISSUE
by the Bar Association. Great free programs such as the
Brown Bag Lunch and the Award winning Law Practice 101.
Successful bar meetings and informative CLE’s. But instead of looking backwards, I Mock Trial -
want to look forward to 2013 and to what else we as a Bar Association can accomplish. Volunteers Needed
So what should the Bar Association’s New Year’s resolutions be? Naturally we want
to come up with resolutions that will last throughout 2013. I’ve always found that the
gym is three times as busy during the month of January, but I know that by February, Elder Law Seminar
the wait for the treadmill will be nonexistent again. Let’s make resolutions that will
last a little longer. As a guide, I look to my personal life and the resolutions that I am Page 5
making. 2012 was an amazing year for me. I turned 40 and made it look good. (Well, at
least half decent), I married a wonderful woman and as any solo practitioner hopes for,
my business has survived another year. So my personal resolutions? The typical ones. Get Healthy
Make age 41 look as good as age 40. Be a great husband to a great woman, and increase Pages 6 & 7
my business. But the Bar Association’s resolutions should be better than just typical.
So I look to our news makers in 2012 to see what lessons we can learn from them to get Joint Meeting
ideas for long lasting resolutions. Should we learn from David Patraeus and be a little Page 9
bit more careful with our use of e-mails? Maybe we should learn from Lindsey Lohan
and be mindful of the law. (Although if too many people do that, then we as lawyers
would be out of business). Or, do we resolve to try everything in our power to remove Brown Bag Lunch
the songs “Gangnam Style” and “Call Me Maybe” from our heads? I’m not sure any
of our news makers inspire great resolution ideas, but they certainly are a good guide as
to what not to do in 2013. Looking back at what worked and what did not in the past
year is a good way to help improve in the future. This is the lesson that I will apply Employment Law Seminar
to resolutions for the Bar Association in 2013 so that they last past February. So what
are those lessons? In December, I was honored to be asked by the Maryland Court of Page 14
Appeals to speak to one of the groups of lawyers being admitted to the practice of law
having just passed their bar exams. (For the record, my speech was pretty good until
Judge Glenn T. Harrell, Jr. gave the response and blew my speech out of the water!) It Family Law, Matters
was then that it struck me. There are 1,200 new individuals that are joining the Maryland Pages 16 & 17
legal community for 2013. Many have jobs with firms or with the government, but some
are starting practice on their own. All of these new lawyers need guidance as they learn
to become lawyers in the real world and not just the black letter law taught to them in law Classified Ads
school. All of them need an outlet in which to be able to give back to the community at Page 19
large that has helped them get to where they are today.
PGCBA NewsJournal Law Office of Cheryl Chapman Henderson, LLC
Published monthly (except Jul./Aug.) by
Comprehensive Estate Planning for:
The Prince George’s County Small, medium and large estates
Probate and Trust Administration
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Marlborough Professional Park Second marriages
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Phone: 301-952-1442 Fax:301-952-1429 Admitted to practice in Maryland and DC
Email: email@example.com (301) 220-4463
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Bryon Bereano ................... 301-502-1972 Kim S. Haskell, D.D.S., P.A.
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Manuel R. Geraldo Sabrina C. Richardson COMPLETE
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Jeffrey Harding William A. Snoddy ADVERTISING
Janet Hart Benjamin Woolery SERVICE
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Gerard Devlin, Parliamentarian Accurate • Reliable • Flexible • Best Rates
Executive Director & NewsJournal Editor Experience • County Wide Coverage
Georgia J. Perry.................. 301-627-9017 Prompt Service • Community-Oriented
Contact Sherry Sanderson at 301-838-0788
Becky Tippett ..................... 301-952-1442 Prince George’s County & Montgomery County
ANNUAL SUBSCRIPTIONS provided to PGCBA
Members at no cost as part of annual dues;
Non-Member subscriptions $75 per year.
PUBLICATION DEADLINE 15th of preceding PGCBA Mission Statement
month. Approved advertising accepted; rates submitted ...to represent the legal profession and to serve its members
upon request. Statements or opinions expressed herein and the community by promoting justice, professional excellence,
are those of the authors and do not necessarily reflect
those of the Prince George’s County Bar Association, collegiality and respect for the law.
its Officers, Board of Directors or the Editor. Publishing
an advertisement does not imply endorsement of any
product or service offered. Lawyers in Need Ethics Hotline
PGCBA Lawyer Referral Service ...an ad hoc program for members under Any member wishing to obtain an informal
administered in-house by PGCBA some form of distress or disability which ethics opinion may call the Ethics Hotline
Call Elizabeth Anderson 301-952-1440 will assist in keeping files productive John R. Foran ...............301-441-2022
for information and Client Referrals. while help is obtained and assist with
professional referrals. For help, call
PGCBA Traffic School
Georgia Perry, Executive Director Designated Conciliator Program
Email: email@example.com James Flynn ....................301-932-0700 William Renahan..........301-351-7531
Telephone 301-952-8154 Robin Shell......................240-472-9919 Gerald C. Baker ...........301-577-4600
PGCBA NewsJournal Page 2 January 2013
In 2013 the Bar Association will begin seasoned attorneys and give back to the resolutions for 2013, either personal or for
a mentoring program for young lawyers Prince George’s County Community. the Bar Association. 2012 was great, but
who find themselves lost in a sea of what I find exciting is how much better
juggling practice and business. The These are all ambitious projects and they 2013 is going to be!
number of complaints to bar counsel is at cannot be achieved without your help.
an all-time high and as a legal community And remember, the Bar Association is
it is our responsibility to reduce the not limited to these few resolutions. As Thanks,
number of incidents as much as we can, always, I invite you to email me, contact Bryon S. Bereano
not only for our brothers and sisters in the the Bar Association through Facebook, President
bar but for society as well. Also, the Bar call me or stop me in the halls of the Prince George’s County
Association will try to give back to the Courthouse and share your ideas and Bar Association
Prince George’s County Community in a
greater way than in 2012. We will start
a program where volunteers go out into
the community and advise those in Prince
STEPHEN J. DUNN
ATTORNEY AT LAW
George’s County how to expunge their
records so that individuals can have an
FEDERAL WORKERS’ COMPENSATION (OWCP)
easier time obtaining jobs in this economy.
U.S. MERIT SYSTEM PROTECTION BOARD (MSPB)
Of course, the Bar Association will
EQUAL EMPOYMENT OPPORTUNITY COMMISSION (EEOC)
continue to provide great free programs
OFFICE OF PERSONNEL MANAGEMENT (OPM)
for its members with the aforementioned
Brown Bag Lunch and Law Practice
101. In addition, look for another Young
Lawyer’s Happy Hour this spring. These
110 West Road, Suite 445 208 East Market Street
are programs which we hope will further
Towson, MD 21204-2364 York, PA 17401-1249
our resolutions to the Bar Association in
Phone (410) 321-8368 Phone (717) 845-7301
2013; continue to help and lift up young
Fax (410) 321-1599 www.sdunnlaw.com
lawyers, provide programs of interest to
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David A. Carney, Esq. Hon. Dale R. Cathell (Ret.) Hope B. Eastman, Esq. Morton A. Faller, Esq. Hon. Henry L. Jones, Jr. (Ret.) John Henry Lewin, Jr., Esq.
Past President, Howard County Former Judge, Court of Past President, The College of Past President, Bankruptcy Bar Retired Magistrate Judge, United States Past President, Bar Association
Bar Association Appeals of Maryland Labor and Employment Lawyers Assoc. for the Dist. of Maryland District Court, Eastern District of Arkansas of Baltimore City
Patrick C. McKeever, Esq. Hon. James L. Ryan (Ret.) John E. Sandbower, III, Esq. Hon. J. Frederick Sharer (Ret.) Hon. Thomas P. Smith (Ret.) Kenneth L. Thompson, Esq.
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PGCBA NewsJournal Page 3 January 2013
Mock trial - volunteers needed!
Dear Friends: This year’s Seventh Circuit High School Mock
Trial competition is underway. The students and teachers already
Once all teams have attorney-coaches, we will also need attorneys
available for one afternoon/evening to judge a preliminary match
have this year’s competition case file and are trying to prepare for
the competition-but many still do not have attorney-coaches to
guide their preparation.
in late January and throughout February.
Congratulations to the
For additional information, please contact Ms. Edna Dillard, in
Honorable William D.
person or by telephone (301) 952-5285 or email [EMDillard@
Please adopt a high schoolonnaka Vthis year! eWis
d team for arner l Attorneys can Missouri who has been
co.pg.md.us] for more information.
volunteer in pairs, so that tate’s one of them would be available
s at least attorney’s office selected to receive the
for each practice session. Thank you! Maryland Bar Foundation’s
MattheW Mclane gordon Judge Sherrie L. Krauser 2012 Legal Excellence Award
Pr. geo. co. office of laW for the Advancement of
Public Service Responsibility.
M a ,J . ark nthony ost r
eisWangers , llc anageMent erVices
Judge Missouri will be
presented with this award
l g laMilet utierrez at the Maryland Bar
Rachel Diane Morris
laW student-Pr. geo. circuit court Foundation’s Annual Awards
Mediation, Arbitration, and Other ADR Services laW clerk-
ThroughoutaMes tilMan and Washington, D.C. October 15, Whalen
Judge Michael 2012.
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Creative Dispute Resolutions is pleased to ozie JaMison
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PGCBA NewsJournal Page 4 October 2012
PGCBA NewsJournal Page 4 January 2013
Respect Your Elder Laws:
Issues Every Estate Planning Practitioner
Presented by the Estates, Trusts, Probate & Elder Law Committee
of the Prince George’s County Bar Association
Saturday, January 26, 2013
9:00am - 1:00pm
9:00 - 9:20am Maryland Statutory Power of Attorney Update
Sally Presler McCash
9:20 - 10:20am Elder Law Pitfalls for the Estate Planning Attorney
Jessica L. Estes
10:20 - 11:20am VA Aid & Attendance - Hidden Money
Cheryl Chapman Henderson
11:20 - 11:30am Break
11:30 - 12:00pm Probate Update - Big Changes for Small Estate Administrations
Benjamin J. Woolery
12:00 - 1:00pm Maximizing Your Social Security Retirement Income
Brian W. Ritter, Jr.
Jury Assembly Room
Courthouse – Upper Marlboro
$45.00 members until January 18, 2013, $55 after
$55.00 non-member until January 18, 2013, $65 after
Includes printed materials and light breakfast
Call 301-952-1442 to make your reservation using a
credit card or send a check for the appropriate amount to
14330 Old Marlboro Pike
Upper Marlboro, MD 20772
PGCBA NewsJournal Page 5 January 2013
get healthy today | by Edith Lawson-Jackson
Surviving the you an added kick of energy from the B scrub the floors. These household chores
Holidays and Winter vitamins. And if you start to feel that your will get you moving so that you’ve gotten
Season body is becoming really run down or you in some activity. The key during the
have a hectic schedule, I would suggest holidays, when you’re pressed for time,
With the combina- taking a pack both in the morning and at is to do something…it doesn’t have to be
tion of cold weather, night. For me, this has prevented catching your regular workout if you’re short on
holiday parties and cold or flu for several seasons. I’m a true time but get some type of movement in.
activities, and the believer in the power of large quantities I walk on the treadmill during Sunday,
decrease in sunlight, of Vitamin C (i.e. a gram per dose) and if Monday, and Thursday night football.
it’s easy to fall into a slump and do all the you do come down with a cold, a gram No treadmill? Walk in place or do front
wrong things during the winter months to (which is the amount in EmergenC) and side lunges during the length of all
will leave you lethargic, fatter, and more taken several times a day at spaced out commercials.
prone to winter viruses. So it’s important intervals seems to dramatically shorten
to consider what you’re eating, especially the duration. I’m no doctor, but I’ve tried If you will be hosting a holiday party or
during the month of December, and to practically every supplement out there get together, consider doing a dessert and
incorporate habits that will boost your and I’ve read tons of medical journals as beverage open house and swap out all the
mental and physical health. Following are relates to supplements. I give EmergenC typical decadent desserts with healthier
some tips that will help you survive the my stamp of approval and suggest that treats. This way what you’re serving
holidays and the winter months: you incorporate it into your daily diet doesn’t do as much damage to your
during the winter holiday months as a tip waistline, and your leftovers aren’t such
Don’t over-schedule yourself. When you to help survive the season. a scary prospect in your home during
put more on your plate than you can handle, the days that follow. I like having desert
you either skip doing other important In addition to all of the cakes, pies, and and beverage parties that offer low fat or
tasks which require your attention OR other deserts you will certainly consume skim cheeses, fresh fruits, a veggie tray,
you end up depriving yourself of sleep during the holidays, be mindful to teas, cider, calorie free flavored sparkling
in order to fit everything in. It may seem consume green vegetables daily. Veggies, water, and feature Island Way Sorbets.
difficult to say no, but you have to listen particularly green ones, have so many These sorbets come in 4 different flavors
to your body and know when you have nutrients that boost immunity and that and range from about 50-130 calories
to gracefully opt out of participating in aid in proper functioning of your body, per serving! Each desert serving comes
certain functions. That may mean cutting that you need to remember not to skip pre-packaged in natural “serving bowls”
down just a bit on volunteer activities or them. So have you’re your pie and cake which are fruit skins such as lemon
missing a holiday function or two. But if if you must, but be sure to grab a plate of and orange rinds, coconut shells, and
you overwork your body, you will pay broccoli and cauliflower from the veggie pineapple shells. They are delicious
the price and your future tasks will be tray at parties before you start in on the and no one will ever think they are low
derailed as a result. So don’t be afraid deserts. In fact, I take a sandwich bag calorie. I’ve found them at Costco but
to decline an invitation or to opt out of of mixed veggies to work each day and they may also be available at BJs. This
a certain extra-curricular task. Preserving munch on them early in the day before type of party provides light ,healthy fare
your health is more important. eating anything else just to be sure I’ve and allows guests to focus on interacting
gotten the healthy stuff in for the day. with one another which is what the
During the holiday seasons, it’s inevitable holidays are about, after all.
that our exercise activity level will Don’t forget to move. Even if you can’t
decrease and we may feel a little run make it to the gym, get moving at home Lastly, it’s important to remember that the
down from an increase in non-physical with either traditional exercises or winter months can cause mood disorders
activities. Some studies have supported housework that requires you to stay active. and feelings similar to jet lag. It has
the fact, and I will personally attest to Once at home, everyone has 20 minutes been documented that beginning in the
the immune boosting powers of vitamin to get in a little extra movement. You can fall, when days become shorter, people
C. I have found that of all the products do two separate ten-minute sessions of can suffer from mood disorders such as
out there that claim to boost your immune sit-ups, push-ups (girl pushups work just Season Affective Disorder (SAD). While
system or shorten the duration of a cold, fine), lunges, squats against a wall, and there aren’t a great number of individuals
the one best product that will deliver front kick toe touches. That’ll get you diagnosed with this condition, about
results is EmergenC. In fact, during about twenty total minutes of exercise. 20% of the population are estimated to
the busy winter months, I believe that Or, if you abhor the idea of actual suffer from a milder form of the disorder
consuming a pack on EmergenC mixed exercise, walk up and down the stairs often referred to as the “winter blues”.
into your water bottle once daily will at least five times, do laundry carrying Yes…this is a real physical disorder that
strengthen your immune system and give a basket up and down stairs, vacuum or affects a fairly substantial number of
PGCBA NewsJournal Page 6 January 2013
people. Typically, this disorder begins
in the fall months and peaks around RONALD I. WEINER, PHD, LLC
mid-winter when days are the shortest.
It can cause lethargy, irritability, sleep Specializing in Forensic Mental Health Services for over 40 years
disorders, cravings for carbohydrates and
SEX OFFENDER ASSESSMENT & TREATMENT SERVICES
sweets, and an inability to concentrate.
Exercise does help with this disorder, so COMPREHENSIVE PSYCHOSEXUAL RISK ASSESSMENT &
again – try to get some movement in as TREATMENT PLANNING
many days during the week as possible.
Additionally, try to expose yourself to WHITE COLLAR CRIME/FRAUD FORENSIC
sunlight as often as possible. That might SENTENCING EVALUATIONS
mean doing your own yard work during
the weekends when the sun is out, getting DOMESTIC VIOLENCE ABUSER INTERVENTION PROGRAM
up early to go for a walk or jog, and
getting outside duringyour lunch break SEXUAL ADDICTION/SEXUAL DISORDERS OUTPATIENT
instead of staying indoors at the office the TREATMENT PROGRAM
entire work day. Taking vitamins D and K
daily may also help. OTHER FORENSIC EVALUATIONS
Good luck surviving the Holidays and
RONALD I. WEINER, PHD, LLC
winter months. Hopefully following these
tips will make a difference in keeping you 801 ROEDER ROAD, SUITE 950
happier and healthier. SILVER SPRING, MD 20910
Byrd & Byrd, LLC
Not Just Good Lawyers...Good Counsel
Member of the National Academy of
Elder Law Attorneys (NAELA)
Best Elder Law Attorney by
“The Washingtonian” for 2011
(301) 464-7448 14300 Gallant Fox Lane
Bowie, Maryland 20715
PGCBA NewsJournal Page 7 January 2013
The Jaklitsch Law Group
Welcomes Stacy mcCormack to the Firm
The Jaklitsch Law Group is pleased to announce that Stacy McCormack has
joined the firm. Stacy has tried District and Circuit Court cases as a Public
Defender in Anne Arundel County and previously served as the Supervising
Attorney of the Appellate Division of the Maryland Office of the Public
Stacy graduated cum laude from the University of Baltimore School of Law and
holds an undergraduate degree from the University of Maryland. She will be
handling a variety of personal injury cases including auto and truck crashes,
14350 Old Marlboro Pike Rick Jaklitsch
Stacy McCormack Upper Marlboro Debbie Potter
301.627.8700 Suzanne Vetter
www.JaklitschLawGroup.com Stacy McCormack
PGCBA NewsJournal Page 8 January 2013
IN HONOR OF BLACK HISTORY MONTH
JOINT MEMBERSHIP MEETING
PRINCE GEORGE’S COUNTY BAR ASSOCIATION
J. FRANKLYN BOURNE BAR ASSOCIATION
BAR ASSOCIATION OF MONTGOMERY COUNTY, MD
Tuesday, February 5, 2013 at 6 PM
U.S. District Court for the District of Maryland
6500 Cherrywood Lane, Greenbelt, MD 20770
Robert M. Bell, Chief Judge,
Court of Appeals of Maryland
$30.00 for PGCBA & JFB & BAMC Members
by Jan. 25, 2013, -After $40.00
$40.00 for Non-Members by Jan. 25, 2013, -After $50.00
Beer, Wine and Finger Food!
Register by: mail, calling 301-952-1442, or email
email@example.com or firstname.lastname@example.org
RESERVATION DEADLINE FEBRUARY 1, 2013
Enclosed is a check in the amount of $_________ Firm/Address: ______________________________________________
Name: _____________________________________ ______________________________________________
Telephone: _________________________________ ______________________________________________
Please reserve _______ spots ______________________________________________
Return this form with check made payable to “PGCBA” and mail to
Prince George’s County Bar Association, 14330 Old Marlboro Pike, Upper Marlboro, Maryland
PGCBA NewsJournal Page 9 January 2013
broWn bag lunch in noveMber: guardianshiP Practice in
Prince george’s county | by Judge Sherrie L. Krauser
I. Overview available as the child’s guardian, the court the law requires that a petitioner establish
Guardianships transfer governance of an will appoint the Department of Social that the alleged disabled person (ADP) lacks
individual’s welfare from that individual, Services either as limited or full guardian competency, and that no less restrictive
the ward, to another individual, the of the child. Whether through a CINA or alternate will protect the ADP’s welfare.
guardian. Such fundamental deprivation CAD proceeding, the court must determine Whether guardianship is sought over the
of personal liberties cannot be taken lightly; the child’s best interests before granting any person or property of an ADP, a petitioner
thus, courts require strict adherence to petition for guardianship, or determining the must present two medical certificates
statutory requirements. And, guardianship individual best suited to serve as the child’s establishing the ADP’s lack of competency to
must be the last resort—when no “less guardian. make decisions regarding his or her welfare,
restrictive alternative” will suffice to meet or property management. One certificate
the individual’s needs. Less restrictive B. Guardian of the Property of a Minor must evidence an evaluation not earlier
alternatives include advance healthcare A minor may acquire income or assets without than 21 days before filing a petition, or after
directives, durable powers of attorney, needing a guardian. Establishment of a trust the petition. One certificate must be from a
appointment of surrogate decision makers to preserve a child’s assets until majority, or licensed physician; the second may be from
(for health care), representative payees (for pay regular providers of services to the child another licensed physician, or a licensed
income) or trusts (for property). during minority, will avoid guardianship. psychologist or clinical social worker.
Moreover, appointment of a representative
Guardians may be appointed for minors or payee to receive a child’s income (e.g., from In either instance, the court will appoint the
for disabled adults. The law presumes that an annuity, Social Security or other source) most suitable guardian, based on statutory
minors need guardians—and courts will will avoid guardianship. priorities. Further, the court requires annual
appoint legal guardians when a child’s natural reports from a personal guardian, and
guardians, parents, cannot act reasonably to A child needs a guardian of property only annual accounting reports from a property
protect the child. On the other hand, the law if the minor owns or is entitled to property guardian; both reports are reviewed by
presumes adults capable of handling their requiring management or protection, or the Trust Attorney to alert the court of any
own affairs, and will not appoint a guardian needs funds for care, support, welfare, problems. Late or missing reports, failure
unless the adult lacks sufficient competence education and protection. Guardianship of to account for use of the ward’s funds for the
to provide his or her own food, clothing, the property of a minor follows the same ward’s benefit, failure to request approval to
shelter, medical care and the like, or cannot legal requirements as guardianship of the change the ward’s type of residence, or other
manage his or her financial affairs. property of an adult disabled person, and anomalies may result in court action.
may be established in either the Orphans’
II. Guardianship of Minors Court or the Circuit Court. However, because a guardian of the person
Guardianships of minors can be sought in the will make all decisions for the ADP’s
Orphans’ Court or the Circuit Court. Further, III. Guardianship of Adults healthcare, food, clothing, and residence
the Circuit Court can consider guardianships Guardianship of adults may only be sought (with some restrictions), the law requires a
of minors in a custody/guardianship (CAD) in the Circuit Court, through an equity stricter standard than for appointment of a
action, in a proceeding for a child in need action reviewed in the court’s Trust Office. guardian of property. Differences between
of assistance (CINA), and, for property, Although our long-time Trust Attorney, guardianship of person and property are
through a guardianship (CAE) petition. Cathy Bouchard, recently retired, we are highlighted in the sections below.
The Orphans’ Court summarily handles fortunate that our new Trust Attorney, Sharon
guardianship appointments conforming to a Christmas-DeBerry, ably serves in that post. A. Guardianship of the Person of an Adult
testator’s will, but also handles guardianship While not offering legal advice, the Trust To obtain guardianship of the person of
actions through petition and hearing. Attorney provides general information to the an adult, a petitioner must show by clear
bar and public, reviews all pleadings, and and convincing evidence that the alleged
A. Guardian of the Person of a Minor reviews all accountings and reports filed with disabled person (ADP) cannot make or
If not established by will, or in the Orphans’ the Circuit Court. The Trust Attorney issues communicate responsible decisions for his or
Court, guardianship of the person of a minor is memoranda noting deficiencies in pleadings, her own health care, food, clothing or shelter
handled in the Family Division of the Circuit reports and accounting statements, and because of a mental disability, disease,
Court, through a CINA or CAD proceeding. pursues actions against any guardians failing habitual drunkenness or drug addiction and
If a child is adjudicated CINA, the court may to fulfill their legal obligations. no less restrictive intervention will protect
remove the child from the custody of one or the ADP’s welfare and safety. Further, the
both parents, and appoint another relative Because adults, unlike children, are court must conduct a jury trial, unless the
or other adult as the child’s legal guardian. presumed capable of making reasonable ADP waives that right, and elects a court
Until another adult, or a parent, becomes decisions for their own health and welfare, trial.
PGCBA NewsJournal Page 10 January 2013
to emergency matters; rather, those petitions
must be initially reviewed by the Trust
Attorney and forwarded to the judge assigned
to handle guardianship matters.
IV. Additional Reading
Practical Approaches to Adult
Guardianships, MICPEL 2010
The Maryland Guardianship Benchbook,
Guardianship and its Alternatives—A
Handbook on Maryland Law,
Maryland Code, Estates and Trusts Article,
Guardianship Petition Checklist
_____ Review Maryland Rules 10-103,
______Review Md. Code, Estates & Trusts
Article §§13-707, 13-801
______ Petitioner is an Interested Person
______ Prince George’s County is proper
______Maryland is proper jurisdiction
______ Petition is captioned properly, i.e.,
guardian of property without a hearing, “In the Matter of [alleged disabled person]”
Once appointed, the guardian of the person unless the ADP or an interested person
has only those powers enumerated by opposes the petition. ______ Petition is verified, i.e, signed, under
statute. The guardian must report annually oath, by Petitioner (not just attorney)
to the court, and must seek court permission Generally, the court will require the guardian
to authorize life-threatening medical of property to post a bond equal to the total ______ Petition identifies & seeks
treatment, change in the ward’s type of living value of the ward’s assets. Further, the appointment of proposed guardian of
arrangement, or withhold life-sustaining guardian of property must inventory the person/property/both
treatment. ward’s assets upon appointment, and file
an annual accounting showing all assets, ______ Petitioner’s name, address, age,
B. Guardianship of the Property of an including acquisition and distribution, telephone number, and relationship to
Adult income and expenses for the ward during the respondent
On the other hand, to establish guardianship reporting period. Discrepancies may result
of property, a petitioner must show by a in legal action brought by the Trust Attorney ______ Identify respondent (name, age, sex,
preponderance of the evidence that the ADP against the guardian. The guardian of address) as minor or alleged disabled person
cannot effectively manage his or her property property may be entitled to a fee for services,
and affairs because of physical or mental as established by statute. ______Adult: Describe nature and
disability, disease, habitual drunkenness, extent of alleged disability; assert medical
drug addiction, imprisonment, compulsory C. Emergency Proceedings certificates of (lack of) competency
hospitalization, confinement, detention by The Circuit Court does not deprive adults
a foreign power or disappearance and has of their rights improvidently, and does ______ Describe adult respondent’s ability
or may be entitled to property or benefits not welcome emergency proceedings. to make and communicate responsible
requiring management. Further, the court Emergency petitions for guardianship are
may grant a petition for appointment of a not heard by the judge generally assigned continued on next page
PGCBA NewsJournal Page 11 January 2013
continued from previous page
decisions and provide for own health care, identify a third party for service on psychologist or licensed clinical social
food, clothing, shelter respondent worker
______ Identify any less restrictive ______ Identify (name, address, telephone ______ Identify (location, value, nature
alternatives; explain ineffectiveness; attach number, relationship/interest) of all of interest) assets, if guardian of property
documents interested persons including any attorney sought
______ Identify any previously appointed ______ Identify (name, address, nature
agent, guardian or conservator; attach ______ Adults: Attach two certificates of of interest) any co-owner of respondent’s
documents competency, at least one evaluation not assets
more than 21days before filing petition:
______Identify (name, address) anyone ________one physician
with whom respondent resides; if petitioner, ________one physician, licensed
Information from the Prince George’s County
Circuit Court Law Library
W ith the the Work of State Courts: An Analysis of 2010
Examininggrowing use of mobile devices, many free and
paid apps have been developed for consumer use.
State Court Caseloads
Below is a list of legal apps compiled by the Prince George’s
The NPR News Update, 2012 app that allows you to follow
Criminal Law app is a free
local and national news, listen to your favorite NPR programs
KFM 1761 .C75 2012
when you like, and more. The app may be downloaded from
KF 8700 .A73 2012
County Circuit Court Law Library which you may find useful. the iTunes App Store for use on iOS devices and from Google
The list includes apps for iPads, iPhones, Blackberries, and Play for use on Android devices.
Android to Maryland Zoning Decision, 5 ed.
KFM 1658 .A53 A27 2012 RESERVE 101 Law Forms for Personal Use, 7th ed.
Pricing information may have changed. These apps and more Kept at Reserve Desk
Maryland Law of by the UCLA School ed.
have been provided Confessions, 2012-2013 of Law, Hugh & The NY Times app allows you to access the latest news
Hazel Darling .J49 2012 RESERVE
KFM 1780 Law Library at http://libguides.law.ucla.edu/ Maryland photos that appear Drafting, and Estate
articles and Estate Planning, Willon NYTimes.com. It may
mobilelegalapps. beAdministration, 2012 update App Store for use on iOS
downloaded from the iTunes
Maryland Vehicle Law Annotated, 2012 ed. Kept at from Google
devices andReserve Desk Play for use on Android devices.
KFM 1497 .A29 M374 2012 RESERVE
Military Divorce Handbook, 2nd ed.
Kept at Reserve Desk
Military Divorce Handbook, ed.
ABA Journal is a free app for2that provides breaking legal
KF 535 .S85 2011 The National Law Journal, the nation’s leading legal
news and articles featured in the ABA Journal. The app may weekly publication, is Practice Forms and Commentary, app
be downloaded from the iTunes App Store. Modern Real Estate now accessible through an iPad
through the iTunes App Store.
November 2012 update
New Appleman Insurance Law Practice Guide, 2013 ed.
KF 1164 .N49 2012 Kept at Reserve Desk
The American Arbitration Association’s new mobile app Nolo’s Plain English Law Dictionary is a great alternative
provides ready access to AAA rules, codes, and protocols,
GOVERNMENT DOCUMENTS to the Black’s Law Dictionary mobile application. The
well as contact information for AAA 2012
as District Court Traffic Citation Manual, offices worldwide. application may be downloaded from the iTunes App Store
app and may be downloaded
TheKFMis free .M37 2012 RESERVE from the iTunes App for use on iOS devices, and from Google Play for use on
Store for 1714on iOS devices and from Google Play for use
use Droid devices.
on Droid devices.
PGCBA NewsJournal Page 12 January 2013
Reuters News Pro is a free mobile app whose features
The American Lawyer is a free app that provides instant include world, business, and market news, optimized for easy
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Where: Room 100, Center for Applied Learning Technologies (CALT) Building
Focus of this two-day basic training is to introduce the collaborative model to attorneys and
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professionals. Learn the essence of the paradigm shift and team approach, including 4-way meetings
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twelve (12) hours of training.
When: Feb. 15 & 16, 2013 8:30 – 4 p.m.
Where: Room 253, Careers (CRSC) Center
February 2013 April 9, 2013
Coming in 2013 from the Anne Arundel Bar Association
Nuts and Bolts of a Civil Jury Trial Estates and Trusts Post Marriage Recognition in
March 2013 May 2013
Business Formation and Dissolution Critical Developments in Liability Cases
Coming Soon from the Bar Association of Frederick County
Handling a District Court Case
Part I - Civil Cases
Part II – Criminal Cases
For easy and fast registration, print out a registration form from the website below and fax
it to (410) 777-4325 or email a PDF to email@example.com.
PGCBA NewsJournal Page 13 January 2013
The employmenT law SecTionS of The Bar
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FACULTY: The Hon. Roger W. Titus, U.S. District Judge for the
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The Hon. Charles B. Day, U.S. Magistrate Judge for the
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Linda Hitt Thatcher, Thatcher Law Firm, LLC
Timothy F. Maloney, Joseph, Greenwald & Laake, P.A.
MODERATORS: Jay P. Holland, Joseph, Greenwald & Laake, P.A. (Co-Chair, Employment
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Gwen W. D’Souza, D’Souza Law Office, LLC (Co-Chair, Employment Law
Section, Bar Association of Montgomery County, Maryland)
Participants will learn from esteemed members of the Bench and experienced practitioners: how to
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Prince George’s County Bar - $55 All
Call 301-952-1442 to make your reservation using a credit card or send a check for the appropriate
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PGCBA NewsJournal Page 14 January 2013
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PGCBA NewsJournal Page 15 January 2013
faMily laW, Matters | by Maureen Glackin suddenly become a relocation case. In that
case, you need to be ready and conversant in
the Uniform Child Custody and Jurisdiction
Enforcement Act (“Act”). Obviously, this
Representing the military service member member’s LES, and they do appear on the article cannot address all the intricacies of the
(active duty or reserve) in a divorce or W-2. You need to know about these pays UCCJEA, is mentioned here only to bring it to
domestic law setting presents a number of because service members with special pay your attention.
issues that are unique to this population, and will sometimes receive incentive bonuses to
this article is intended to highlight those areas retain them in their specialized area. These 1. Six month rule for “home state”
that are different from a civilian divorce. In bonuses do appear on the W-2, and are jurisdiction
addition to addressing domestic cases, the includable as income for purposes of child 2. Exclusive, continuing jurisdiction
section of this article that refers to the Service support and alimony.
3. Foreign Country is the same as a state in
Member’s Civil Relief Act (hereinafter
treatment under the Act.
“SCRA”) also applies to civil actions, both Therefore, be very wary of an opposing
domestic and otherwise. counsel who represents the service member
that offers only a W-2 as support for their 1980 Hague Convention of the Civil Aspects
A. CHILD SUPPORT AND client’s income. There are many entitlements of International Child Abduction
MILITARY PAY that do not appear on the W-2, and there are Website to find if country is signatory:
If you have not had much experience, or any also special pay that you will need to know http://travel.state.gov/abduction/
for that matter, in representing military service about. To have the complete picture of the attorneysjudges/attorneysjudges-4306.
members or their spouses, this is the first area service member’s income, you need to see html#2
that can cause the practitioner problems. It his or her Leave and Earnings Statement. Do
may sound easy to determine the pay of a not agree to an income figure without seeing Check individual country’s requirements
military service member as they are paid by this first. for service under Hague Convention.
the Government. It should be a simple matter Will often require documents to be
of reviewing the W-2. While the W-2 is a nice If you have trouble getting this document, translated into country’s language and will
place to start, do not accept that document as you can get a pretty fair estimate of the have service requirements that must be
a complete analysis of the service member’s service member’s income just by having complied with for service to be effective.
pay for child support and alimony purposes. their rate or rank and number of years in DO NOT ASSUME SERVICE IN
service. With this information you can COMPLIANCE WITH MD LAW IS
Like federal employees, military service access the military pay charts by going to SUFFICIENT.
members receive base pay and locality pay. http://www.dfas.mil/ and select the military
However, unlike federal employees, the pay table charts. They are arranged by year a. The military will not involve itself
locality pay is not reflected on the W-2. The and are set up as a grid, with the rate/rank with custody of dependents
locality pay in the military world is known as and number of years in service. If you b. Command can order “early return
the Basic Allowance for Housing (“BAH”). know that the service member is also in a of dependents” if problems with
This is a non-taxable entitlement that all special field like medicine or aviation, you children/custody arise while overseas.
service members receive during their active can also find the pay scales for these special This can cause the instant separation
duty service. In our geographic location pays. Finally, when serving overseas, of a family.
particularly, this can be significant as the pay service members receive additional pay
is based on the cost of housing locally, as well and sometimes separation pay if they are c. MD FL 9-108 Custody or Visitation
as the rate or rank of the service member, stationed to a region where family cannot Order Based on Deployment of a
number of years of service, and whether the join them. Parent (enacted 2009).
service member has any dependents. For 1. Any petition to modify custody
example, at present, the BAH for an O-6 with In order to calculate the BAH when faced or visitation based on the end of
20 years of service is $3,264 with dependents with a recalcitrant service member, you can a deployment, must reference the
and $2,748 without dependents, which is a access http://www.defensetravel.dod.mil/site/ date of the end of the deployment
significant amount of annual tax-free income bah. In this website, you will need the service and, if filed within 30 days of
that does not appear on the W-2 as it is an member’s rank and zip code for where they are the end of the deployment, the
entitlement. stationed, as it is based on the locality where court shall set it for an expedited
they work. Armed with this information, hearing. This statute is to
In addition to this entitlement that does not you can establish that the service member is accommodate the returning SM
appear on the W-2, the service member also actually receiving significantly more income whose spouse or former spouse/
receives tax free, a monthly Basic Allowance that what is reflected on a W-2. For purposes child’s parent has decided to not
for Sustenance (“BAS”). This is $239.96 per of calculating child support and alimony, this permit visitation upon the SM’s
month for officers and $348.44 per month for can be very significant. ( See below for more return, and to alert the Court
enlisted. Rate, rank, and time in service do information in the context of child support.) if a petition to modify is based
not change this amount. Again, this does not primarily or solely on the absence
appear on the W-2. B. PARENTING ISSUES of the SM due to deployment and
Custody issues in military cases frequently that the SM’s absence is being set
Many service members also receive “special involve relocation due to military orders, forth as the substantial change in
skills pay” for such things as being on a sometimes during the pendency of the circumstances.
submarine, flight pay, and medical pay. In litigation. A standard custody case can, in
2. Any custody or visitation
contrast, these do appear on the service the middle of the normal litigation morass,
order entered based on a SM’s
PGCBA NewsJournal Page 16 January 2013
deployment shall have provisions 4. Disability Pay: Please be cautious about She or he can revive those rights if the
to accommodate the SM’s leave the treatment of disability pay and the subsequent marriage ends in death,
schedule, facilitate phone and contemplated division of it at the time of divorce or annulment.
email contact and requires the SM divorce. Oftentimes, the former spouses
to provide timely information to attorney will request that the service C. SBP: SURVIVOR BENEFIT PLAN
the other parent regarding their member agree that, in addition to dividing The second issue of interest in this case
leave schedule. the pension, that the service member waive is on the question of the Survivor Benefit
his or her right to offset a portion of their Plan. (“SBP”). The SBP is the insurance
B. MILITARY PENSION, retirement as disability pay. Historically, on the pension. In the event that the service
RETIREMENT AND BENEFITS if a service member has, for example, a member predeceases the former spouse,
This is perhaps the area of greatest 30% disability rating, the military would the retirement would no longer be paid, but
misunderstanding and misinformation in offset 30% of the retirement and call it if the SBP had been selected, the former
the area of military divorce. Much of the “disability” pay, the advantage to the spouse would receive that rather than the
confusion is caused by the service members service member being that disability is not retirement.
themselves who often do not understand the taxed.
nature of this unique retirement plan. The problem with SBP from a practical
However, from the former spouses view, standpoint is that while it is free to the
One of the big surprises to service members is this would reduce his or her share of the service member while on active duty it is
that their military pension can be divided under retirement as now the former spouse quite expensive once they retire. It is 0.65%
MD law. They never are happy when you will only receive the marital share of the of the service member’s base at retirement.
explain to them that their pension can divided. remaining 70% of the retirement. That payment for the SBP premium is
made monthly from the retirement before
1. Military Pensions are divisible by state Caveat: If representing the SM, do not the pension is divided pursuant to a CPO.
courts in divorce proceedings since agree to this without carefully explaining Therefore, the service member and former
1982 and the passage of the Uniformed it to your client. If representing the spouse share this cost.
Services Former Spouses Protection Act. former spouse, make sure to ask for this.
10 USC §1408. From the practitioner’s perspective,
Please see Mansell v. Mansell, 490 please be aware that:
2. 10 year rule: Parties must be married for
10 years over 10 years of military service U.S. 581 (1989) for a discussion of the
for former spouse to be eligible to receive treatment of disability pay. b. You must separately identify the SBP.
share of retirement directly from DFAS. Do not assume that it will follow with
Under MD law, the court can divide the 5. Maximum Award: The maximum amount the pension. Separately plead for
military pension if less than 10 years that a former spouse can receive under the SBP and separately list it on the
of marriage over 10 years of military USFSPA is 50% of the military pension. 9-207.
service, but in this case the SM will be You can also agree to a fixed dollar amount c. You may be called upon to place a
responsible for paying the former spouse rather than a percentage, but it cannot value on it. This can mean hiring a
directly. This is always a nasty revelation exceed 50%, or DFAS will not accept the pension expert who can put a value
to a service member because they truly order. on it and identifying that expert in
believe that their pension is safe if they your discovery
have not been married for 10 years during DD214: Report of Separation from d. This has been a very brief overview of
their military service. Military Service: Make sure that you some areas of military divorce that are
3. Jurisdiction to Divide Pension: Military get this before attempting to draft a different from a civilian divorce. In
pension division requires jurisdiction Constituted Pension Order, if the service short, when doing a military divorce,
beyond that which is required for a court member is retired at the time of drafting the you need to be aware of the unique
to grant a divorce. In order for the Court Constituted Pension Order. This document pay, pension and custody issues that
to have the ability to divide the military tells the retiring service member exactly can arise, and be in a position to
pension, the Court must find that it has the number of months of service creditable explain them to your client, be it the
jurisdiction to divide disposable retired towards his retirement. If representing service member or their spouse.
pay pursuant to 10 USC 1408 (c)(4). former spouse, be certain to request this
document in discovery.
Maureen Glackin is a partner at the firm of
That MD is the service member’s Reinstein, Glackin, Patterson & Herriott,
6. Medical, Commissary, Exchange/Post
residence, other than due to military LLC., located in Bowie, MD. Her practice
Privileges: Once the parties have been
assignment is concentrated in the area of domestic law,
married for 20 or more years over 20
That the service member is domiciled and she has developed a thriving practice
or more years of military service, upon
in the territorial jurisdiction of the in military divorce. She also consults with
divorce the former spouse has their own
court, or other attorneys in the area of military
benefits awarded to them, i.e. medical,
That the service member consented to divorce, particularly involving the division
commissary and exchange/post privileges.
the jurisdiction of the court. of military retirement. Ms. Glackin is a
The SM cannot refuse to allow the former
spouse to have these privileges as these graduate of Villanova University and
Please see Wamsley v. Wamsley, 333 Md. Temple University School of Law. She is
benefits are awarded to the former spouse
454 (1994) for a discussion of residence licensed to practice law in California,
in his or her own right.
other than for military assignment and the District of Columbia, Maryland, and
its treatment in Maryland. Caveat: The former spouse will lose Washington State.
the medical benefit upon remarriage.
PGCBA NewsJournal Page 17 January 2013
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PGCBA NewsJournal Page 19 January 2013
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