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					PGCBA NewsJournal
Newsletter of the Prince George’s County Bar Association, Inc.                                            January 2013


President’s Message
                          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
                                                                                                      Page 4
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
                                                                                                    Pages 10-12
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
                                                                                    www.HendersonLaw4God.com
  Published monthly (except Jul./Aug.) by
                                                                  Comprehensive Estate Planning for:
      The Prince George’s County                                   Small, medium and large estates
                                                                                                     Probate and Trust Administration
                                                                                                                            Ancillary estates
           Bar Association                                         Asset protection and tax advantages
                                                                                                                            Estate & Fiduciary tax issues
                                                                   Wealth preservation
             Established 1902
                                                                   Beneficiaries with special and unique needs
      Marlborough Professional Park                                Second marriages
                                                                                                                            Elder Law & Long-term care planning
                                                                                                                            Home Visits
         14330 Old Marlboro Pike                                   Intergenerational gifting
       Upper Marlboro, MD 20772                                    Veteran’s & Medicaid Benefits

  Phone: 301-952-1442 Fax:301-952-1429                                                             Admitted to practice in Maryland and DC

         Email: gperry@pgcba.com                                                                           (301) 220-4463
                                                                                    4920 Niagara Road, Suite 200, College Park, Maryland 20740
      Website: http://www.pgcba.com                                                                cch@hendersonlaw4god.com

2012-2013 OFFICERS
President
Bryon Bereano ................... 301-502-1972                               Kim S. Haskell, D.D.S., P.A.
President Elect                                                              Family & Cosmetic Dentistry
Jennifer L. Muskus............. 301-449-7444
Treasurer                                                                                          A dental practice that cares with a gentle
                                                                                                   approach and a commitment to excellence.
Denise M. Bowman ........... 301-292-3300
Secretary                                                                            14414 Old Mill Rd. #101 · Upper Marlboro, MD 20772 · 301-627-6646
Hon. Joseph Wright ............ 301-985-3544                                                              www.haskelldental.com
Immediate Past President
Debra M. Davis .................. 301-627-3340
DIRECTORS
Clayton Aarons           Hon. Mark T. O’Brien                                                  Children · Adults · Seniors · Tooth Colored Fillings · Dentures
Erek L. Barron           Martin G. Oliverio                                                           Root Canals · TMJ Treatment · Implant Crowns
Hon. Robin D. Bright     Hon. Michael R. Pearson
Arnold Bruckner          Hon. Nicholas E. Rattal
Alyssa W. Chang          William F. Renahan
Manuel R. Geraldo        Sabrina C. Richardson                     COMPLETE
Nakia Gray
Walter W. Green
                         Lisa A. Robinson
                         Benjamin E. Rupert
                                                                     LEGAL
Jeffrey Harding          William A. Snoddy                        ADVERTISING
Janet Hart               Benjamin Woolery                           SERVICE
Hon. Erik H. Nyce
         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
Assistant Editor
                                                                                             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:                    gperry@pgcba.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
                                                                                                 DISABILITY RETIREMENT
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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       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
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        Past President, Montgomery        Retired Associate Judge,              Best Lawyers in America,                  Former Judge, Court of                  Retired Associate Judge,                 Fellow, American College
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PGCBA NewsJournal                                                                                              Page 3                                                                                                        January 2013
 MeMber announceMents
        Mock trial - volunteers needed!
                                         WelcoMe neW
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
                                                                                                                               Congratulations!
                                                                                                     available for one afternoon/evening to judge a preliminary match

                                          MeMbers!
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.
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                                      CREATIVEyDISPUTE
                                        M    a     ,J .   ark         nthony    ost     r
                                    n       M
                                        eisWangers      , llc      anageMent      erVices
                                                                                                                                  MeMbers!
                                                                                                                                Judge Missouri will be
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                                                                                                                                  Rachel Diane Morris
                                laW student-Pr. geo. circuit court                                                              Foundation’s Annual Awards
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                            Mediation, Arbitration, and Other ADR Services                                                              laW clerk-
                                                                                                                                       Ceremony on
                               ThroughoutaMes tilMan and Washington, D.C.                                                           October 15, Whalen
                                                                                                                                  Judge Michael 2012.
                                        J Maryland branda
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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
                                              Should Consider

                    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

                                                     TOPICS:

                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

                                              Reservations Required
                              Call 301-952-1442 to make your reservation using a
                            credit card or send a check for the appropriate amount to
                                                     PGCBA
                                            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
                                                                        301-949-4907
                                                                     301-585-8740 (FAX)
                                                               WWW.RWEINERPHDLLC.COM




  Byrd & Byrd, LLC
  Not Just Good Lawyers...Good Counsel

      Medicaid Planning
       Asset Protection
    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
                             Suite 120
                      Bowie, Maryland 20715
www.byrdandbyrd.com




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
                      Defender.

                      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,
                      throughout Maryland.

                                         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
                                                   Guest Speaker
                                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!
                                  RESERVATIONS REQUIRED
                       Register by: mail, calling 301-952-1442, or email
                          gperry@pgcba.com or btippett@pgcba.com
             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,
                                                                                                   MICPEL

                                                                                                   Guardianship and its Alternatives—A
                                                                                                   Handbook on Maryland Law,
                                                                                                   www.aging.maryland.gov/documents/
                                                                                                   GuardianshipHandbookRevised2011.pdf

                                                                                                   Maryland Code, Estates and Trusts Article,
                                                                                                   Chapter 13

                                                                                                   Guardianship Petition Checklist

                                                                                                   _____ Review Maryland Rules 10-103,
                                                                                                   10-201, 10-301

                                                                                                   ______Review Md. Code, Estates & Trusts
                                                                                                   Article §§13-707, 13-801

                                                                                                   ______ Petitioner is an Interested Person

                                                                                                   ______ Prince George’s County is proper
                                                                                                   venue

                                                                                                   ______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
                                                representing respondent
______ 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




BOOKS                                                                     MICPEL/MSBA

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.
                                                                         CD-ROMS
  Guide devices.
Android to Maryland Zoning Decision, 5 ed.
                                        th

   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
                                      nd

   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
       LEG 392 - Anatomy of a Complex Deposition (In Partnership with Anne Arundel Bar
       Association) Gain effective deposition skills which are at the heart of any litigator’s practice. Learn
       how to prepare or defend the deponent, take control of the dynamics of a deposition, and effectively
       question the witness or raise objections. Acquire practical tips to improve your own style from
       leaders in the profession. $55.00 (add’l $5.00 if out of county resident)
       Speakers: Robert Cawood, Esq., Rignal Baldwin, Esq.
                 Kathleen Meredith, Esq.
                                                                             When: Jan. 30, 2013 6 – 8:30 p.m.


       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
       LEG 382 - Interdisciplinary Collaborative Law Training: Basic Training – TWO DAYS

       professionals. Learn the essence of the paradigm shift and team approach, including 4-way meetings
       and team dynamics. Upon completion, participants will be able to engage in a collaborative law case.
       $300.00 ($305.00 if an out-of-county resident)
                Note: This training complies with the International Academy of Collaborative Professionals (IACP) Minimum
                Standards for Collaborative Basic Training and satisfies the minimum Collaborative Practitioner Standards of


       Speakers: Timothy Mummert, Esq. Anne Balcerzek, Esq.
                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
                                                                    Maryland

       March 2013                                                   May 2013
       Business Formation and Dissolution                           Critical Developments in Liability Cases


                                                   Spring 2013
                             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 lehoward1@aacc.edu.




PGCBA NewsJournal                                            Page 13                                                     January 2013
                                  The employmenT law SecTionS of The Bar
                              aSSociaTion of monTgomery counTy, maryland,
                                and The prince george’S counTy Bar preSenT:
                                                “the dynaMics of eMPloyMent litigation in federal court:
                                                          a vieW froM the bench and the bar”

                   DATE:                                          Thursday, January 10, 2013
                   TIME                                           5:30 a.m. – 8:30 p.m.
                   LOCATION:                                      United States District Court for
                                                                  The District of Maryland
                                                                  6500 Cherrywood Lane
                                                                  Greenbelt, MD 20770
                   FACULTY:                                       The Hon. Roger W. Titus, U.S. District Judge for the
                                                                  District of Maryland
                                                                  The Hon. Charles B. Day, U.S. Magistrate Judge for the
                                                                  District Court of Maryland
                                                                  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
                                                                  Law Section, Prince George’s County Bar Ass’n).
                   	                	              	              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
                   select and screen employment law cases; the advantage and disadvantage of summary judgment; the
                   art of the effective opening statement; making the most of mediation with a United States Magistrate
                   Judge; techniques for taking and using depositions effectively for trial purposes, and what Jurors tell
                   Judges about trial presentation.
                                                                                       Tuition
                                                          No registration at the door. You must register by January 2, 2013.
                                                                  Bar Association of Montgomery County - $55 All
                                                                        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
                                  amount toPGCBA: 14330 Old Marlboro Pike, Upper Marlboro, MD 20772


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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
             
                          For The Record, Inc. 
                                    
                                    


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PGCBA NewsJournal                                                          Page 18                    January 2013
classified ads                               office sPace - available
                                            BOWIE-IRRESISTIBLE TERMS:
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       2 lines (minimum) $15,               Ed O’Connell (301) 627-7700.                commercial and employment matters.
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                                                                                            PGCBA Office at
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Conference Room is available for            Metro (red line). Call Jennifer or Alan
Hourly Rentals - Schedule your              at 301-424-0094 or email ANL@
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Room is available for members to rent          NumbER OF CALLS: 520
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PGCBA NewsJournal                                           Page 19                                                   January 2013
Prince George’s County Bar Association
PGCBA NewsJournal
14330 Old Marlboro Pike
Upper Marlboro, MD 20772

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