Advocate Jul-Aug 2012 by huangyinggok


          Newsletter of The Baltimore County Bar Association
VOLUME XXII, NO. 1                                                                       July/August 2012
                              PRESIDENT’S MESSAGE
                                           by Robert W. Lazzaro

As I reflect on my 29 years of        room! My eyes got even wider
membership in the Baltimore           when, after he finished, the guest
County Bar Association, I am          speaker was pelted by dinner rolls
struck not only by the remarkable     hurled by numerous judges and
growth of the Association, but also   lawyers. I thought to myself
by its ability to maintain the        “WOW, these people really know
intimacy and collegiality that        how to have a great time.” When
existed when I first joined.          it was time to leave I was urged to
                                      join a rather large group who
Back in 1983 when I marked my         advised that it was tradition to
fifth year as an Assistant State’s    descend upon Richard McAllister
Attorney, a colleague persuaded       Sr.’s home to continue to imbibe,
me to join the BCBA primarily so I    shoot pool and tell war stories
could attend what was described as    until the sun came up.
a fantastic black tie affair in
January otherwise then known as       As I became more active in the
the “Monday Night Fights”.            Association, I marveled at what a
                                      great organization it was. There
During my first Bar Banquet at the    were so many in the legal             Inside This Edition
Green Spring Inn, I found myself      profession committed to making
among a very close knit group of      this a great bar association. It      Advertisers Index         Pg   31
judges    and    attorneys    who     truly felt like an extended family.   Calendar of Events        Pg   3
welcomed me with open arms.                                                 Committee Reports         Pg   22
                                                                            Completely-e-Legal        Pg   6
During the evening I was regaled      Since those early days, the BCBA      County Council Update     Pg   18
with war stories by a cast of         has steadily grown to the point       Court Notice (District)   Pg   2
impressive and colorful characters.   where presently its members           Criminal Law Update       Pg   28
I watched in utter amazement as                                             Family Law Programs       Pg   10
Joe Pokorny entered the ladies                                              Golf Outing Success       Pg   14
                                              Continued on page 2           Historical Committee      Pg   13
                                                                            Lawyer Assistance         Pg   19
                                                                            Leadership Luncheon       Pg   11
                                                                            Member News               Pg   16
                                                                            Past Presidents Dinner    Pg   12
                                                                            Pro Bono Nominations      Pg   10
                                                                            Welcome New Members       Pg   17
                                                                            Young Lawyers/E&T         Pg   5

THE ADVOCATE                                       Page 1                                     July/August 2012
 PRESIDENT’S MESSAGE                                                    COURT NOTICE
              Continued from page 1                                 JUDGE ALEXANDRA N. WILLIAMS
                                                                Administrative Judge for the District Court of
                                                                     Maryland for Baltimore County
number 1,700. The Banquet had to be moved to a
much larger venue, not only due to the increased            We have seen the need to change how we handle
size of the Association, but also because an                video bail reviews in the Baltimore County District
insightful President and Executive Counsel saw fit          Court. Therefore, starting on Monday, June 4, 2012,
to open the Banquet to members of the legal                 and continuing on Mondays only, bail reviews will
profession in the entire State of Maryland. Every           be handled in the Towson and Essex District
year I see judges and lawyers from many other               Courts. Towson will handle all Towson and
counties and Baltimore City. So popular is the              Catonsville location cases, any case requiring an
Banquet that one lawyer who relocated to                    interpreter, fugitive cases and any out-of-county
California some time ago flies back each year so            cases. Essex will review Essex cases only, other
she can attend. The beautiful thing is that our Bar         than those previously mentioned. The Public
Association is the only one in the country that             Defender's Office will be staffing bail reviews
holds an annual event of this kind. Bar leaders from        from the Baltimore County Detention Center,
around the country who convened in Chicago                  which currently has two separate rooms ready for
recently were amazed when they learned of our               use. We stress to you that bail reviews will be split
annual black tie event (now referred to as “The             on Mondays only. During the remainder of the
Prom”).                                                     week, all reviews will be heard in Towson. There
                                                            will be some Monday holidays which may
                             Continued on page 4 ...        requiring splitting reviews, but we will advise

THE ADVOCATE                                           Page 2                                  July/August 2012
  2011-12 Officers                                C ALENDAR                    OF       E VENTS
 President       Robert W. Lazzaro
 Pres-Elect      Philip N. Tirabassi
                  T. Wray McCurdy
                 Vicki Ballou -Watts
                                                                      July 2012
  Executive Council                      2    Advocate Committee Planning Meeting, 4:30 p.m., Grand Jury Room
        Robert J. Thompson
                                         4    COURTS and BAR OFFICE CLOSED in observance of Independence Day
         Adam T. Sampson                 9    Entertainment Committee Planning Meeting, 5 p.m., Charles Village Pub
          Keith R. Truffer               10   Executive Council Meeting, 8 a.m., Judicial Conference Room 363
        Rebecca A. Fleming
          Michael W. Siri
                                         10   Professionalism Committee Meeting, 5:15 p.m., Grand Jury Room
           Jay D. Miller                 11   Technology Committee (Virtual) Planning Meeting, Noon
         Edward J. Gilliss,              11   Committee Leadership Meeting, 4:30 p.m., Ceremonial Courtroom No. 5
      Immediate Past President
  Jonathan M. Herbst, YL Chair
                                         12   Solo & Small Firm Committee Lunch - East, 12:30 p.m., Mo’s Seafood
                                         12   Family Law Committee Planning Meeting, 4:30 p.m., Grand Jury Room
      The Advocate                       16   LRIS Committee Planning Meeting, 4:30 p.m., Grand Jury Room
     Catherine F. Woods                  17   Solo & Small Firm Committee Planning Meeting, noon, 7 West Bistro
     Matthew P. Woods                    17   CLE Committee Planning Meeting, 4:30 p.m., Grand Jury Room
           Editors                       18   Law Day Committee Planning Meeting, Noon, Bowie & Jensen
                                         18   ADR Committee Planning Meeting, 4:30 p.m., Grand Jury Room
       Doris D. Barnes                   18   Real Property Committee Planning Meeting, 4:30 p.m., Jury Assembly
      Thomas S. Basham                   19   Estates & Trusts Committee Planning Meeting, 5 p.m., Grand Jury Room
      Associate Editors                  23   Memorial Committee Planning Meeting, 4:30 p.m., Grand Jury Room
                                         25   Solo & Small Firm Committee Lunch - Northwest, 1 p.m., Harryman House
  Contributing Writers                   25   State, Local Laws & Zoning: Doing More With Less, 5 p.m., CCMd ☺
          Alice L. Arcieri               26   Negligence, Insurance & WC Committee Planning Meeting, 4:30 p.m., GJR
         Master Terri Beck               30   Public Awareness & Speakers Committee Planning Mtg, 4:30 p.m., GJR
           Kathy M. Blue
           Kelly B. Burke
        Robert K. Erdman Jr.
                                                * The Bench/Bar Committee does NOT meet in July or August *
        Rebecca A. Fleming
        Stanford G. Gann Jr.
         Robert C. Lidston
                                                                  August 2012
        Wendy A. Meadows
          Cecilia B. Paizs               16   Young Lawyers Committee Planning Meeting, 5 p.m., Grand Jury Room
          Michael W. Siri                21   Solo & Small Firm Committee Planning Meeting, noon, 7 West Bistro
          Keith R. Truffer               21   Membership Committee Planning Meeting, 4:30 p.m., Grand Jury Room
                                         22   Solo & Small Firm Committee Lunch - Northwest, 1 p.m., Harryman House

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

THE ADVOCATE                                             Page 3                                    July/August 2012
                                PRESIDENT’S MESSAGE
                                             Continued from page 2

But the growth of the Association, its increased                 research, the Good Sheppard Center, Habitat for
activities, the impact of the internet and social                Humanity and many others. This year’s cause,
networking have not in any way detracted from the                Alzheimer’s research, strikes particularly home
same sense of intimacy which I felt during my                    with me because my mother is in the middle stages
early years of membership. Although it has grown                 of the dreaded disease. We all are close to or have
tremendously, it still feels like a small tight knit             known someone who has succumbed to this
group of talented and dedicated members of the                   growing national problem, which could soon
legal profession. I suppose that is the key. A bar               become an epidemic. I will be addressing this
association can only be as good as its members.                  further in future issues.
Well, we have been blessed with the finest
members a bar association could have. I am                       Finally, a great bar association must have a great
constantly impressed with the zeal and dedication                Executive Director and staff. Boy, are we blessed.
of our committees and with the wonderful                         Doris, Rachael and Maxine keep this machine
programs they produce. Speaking of that, our                     running smoothly and efficiently. Without them
programs, from which we derive valuable                          we would be lost.
continuing legal education, have blossomed and
flourished over the years to the point where we                  I am humbled and honored to serve as your
now hold more 150 a year.                                        President. I look forward to an exciting year. I
                                                                 look forward to continuing to work with my
The commitment of the members of the Executive                   extended family!
Council, most of have served as committee chairs,
vice chairs and members, is a tribute to the
Association and forms part of its uniqueness.
Once again, no other bar association in the country
has a 10 year term from becoming a member of the                    Court Reporting Services
Executive council to becoming President. A                          Depositions - Hearings - Transcription
decade is a very serious commitment length but
every year there is no shortage of applicants                              Randy K. Mackubin
willing to sacrifice their valuable time for the good                       RKM Reporting
of the Association.
In recent years our Association has dedicated itself                 
to charitable and worthy causes. We have held                     Since 1979
events to raise funds for such causes as ALC

                                                                                 Now available for:
                   MPD LEGAL SERVICES
                           Mike Daily                                        Arbitration, Mediation,
                          410-409-7168                                    Guided Settlement Discussions
                                                                            JUDGE DANA M. LEVITZ
  Process Serving, Courier Services, Court Filings                            Former Senior Judge,
      Attempt to serve made within 24 hours                            Circuit Court for Baltimore County,
                                                                      Adjunct Faculty, U of B School of Law

THE ADVOCATE                                            Page 4                                    July/August 2012
                                            by Robert K. Erdmann Jr.

On April 24, 2012, the Young Lawyers Committee sponsored a brown-bag lunch presentation called “Estate
Planning 101 – Trusts and Wills for the New Practitioner,” presented by Mary G. Loker. In addition to
providing invaluable advice and a template on how to draft simple wills and trusts, she handed out a
comprehensive Estate Planning Information worksheet that she uses during client intake in her own practice
during client intake. The tips and materials Ms. Loker provided during this presentation were very informative
and helped make this mini-seminar a success. The Young Lawyers Committee offers sincere thanks to Ms.
Loker for sharing her time and expertise.

THE ADVOCATE                                        Page 5                                  July/August 2012

                      June marked the one-year             The program will now feature two tiers of
                      anniversary      of      the         membership. Each of the FOUNDING FIRST 100
                      FOUNDING      FIRST     100          members will be appointed premium “Top Dog”
                      PROGRAM        that     was          level memberships. The premium membership tier
                      introduced by the Baltimore          will cost $300/year for all new incoming members.
                      County Bar Association in
                      2011.                                These members will also be acknowledged with the
                                                           “Top Dog” profile banner otherwise earned only
More than 100 BCBA members signed up as part               through eclipsing the “Featured Member of the
of an inaugural package that launched Completely           Week” status awarded to the member with the
E-Legal. These members were instrumental in the            highest engagement statistics over the course of a
development of the online professional network             week. Aside from the FOUNDING FIRST members,
that has since recorded 60,000 views from users in         this group will only include at most 52 members a
every state in America and over a dozen other              year.
countries around the world. The growth in traffic
to the site has resulted in a volume of inquiries          The members have additionally been listed in a
both from people seeking lawyers as well as other          featured “Top Dogs” listing within the members
lawyers around the country hoping to join.                 listing section. This section has its own featured
                                                           drop-down tab underneath of the “Members” section
This exciting growth has been made possible                of the navigation bar.
through the contributions of the Baltimore County
Bar Association and the group of attorneys who             The level of membership will of course include all
have participated in the Founding FIRST 100                of the other perks reserved for Premium members,
PROGRAM.                                                   such as access to analytical page performance
                                                           reports, advertisement-free profile pages, and
The Completely E-Legal team, along with                    private discussion forum access. All of these
everyone     who      worked     alongside      the        features will be unavailable to the lower tier of
implementation of this project, would like to              membership.
recognize each of the attorneys who participated in
the FOUNDING FIRST 100 PROGRAM.                            What’s ahead for Completely E-Legal

The FOUNDING FIRST 100 PROGRAM                             Completely E-Legal will begin accepting members
                                                           from other bar associations and areas around the
The Completely E-Legal team has been overjoyed             country beginning immediately.
by the success of the FOUNDING FIRST 100
PROGRAM. The participation and relationships               The quality of the experience for members of “The
developed through the consultations packaged with          Complete Online Network for Lawyers” is
the program has been fundamental to the growth of          dependent on participation. This extends to the
the project.                                               volume of members, viewers, and the level of
                                                           engagement from both. It truly is “the more, the
As a tip of the hat to the FOUNDING FIRST 100              merrier” from a web presence development
members who helped make this project possible,             standpoint.
each of the participants have had special
arrangements made to acknowledge their
                                                                                  Continued on page 7

THE ADVOCATE                                          Page 6                                July/August 2012
                                             Continued from page 6

                                                                      Richard K. Abraham
The individual and collective experience is                          Howard L. Alderman Jr.
enhanced with greater participation through                            Lesley S. Atkinson
producing articles, discussions, and content, and                        Jonathan Azrael
most importantly users. Users equates both to                             Nikki S. Behre
members and to the general public. Completely E-                        Douglas W. Biser
Legal has averaged around 2,000 new unique                               Jay Irwin Block
visitors a month. These viewers typically find the                   William J. Blondell Jr.
site through search engines like Google after                         Alice Arcieri Bonner
inquiring about legal-related subjects or terms.                        James C. Brennan
                                                                       Douglas L. Burgess
The objective for Completely E-Legal is to provide                       Harold H. Burns
these resources to the general public through                         Arthur P. Caltrider Jr.
connecting viewers to the information provided by                        Linda C. Cartier
attorney members of the program. To better                                Alex Chizhik
accomplish this objective, Completely E-Legal has                       C. William Clark
begun to more actively build upon the content and                     Emma Twigg Clarke
membership base of attorneys.                                            Curtis B. Cooper
                                                                         Joel C. Denning
Limited Free Memberships available beginning                            Diana B. Denrich
June 1, 2012                                                           Anthony J. DiPaula
                                                                        Thomas J. Dolina
Completely E-Legal is now offering limited free                       Deborah M. Engram
memberships to qualified attorneys who are                            Robert K. Erdman Jr.
members of a local bar association and meet the                          Timothy S. Faith
program requirements of good standing.                                   Larry J. Feldman
                                                                        Nathaniel C. Fick
These “Basic” memberships will include all of the                     Rebecca A. Fleming
same features as the new “Premium”                                        Adam P. Frank
memberships, with the exception of access to                              Keith S. Franz
analytical reporting, advertisement-free profile                         Winn C. Friddell
pages, and some of the private discussion forums.                        Edward J. Gilliss
By offering free memberships, Completely E-                                Carl R. Gold
Legal aims to extend both the membership and                           Richard Grason VI
viewer base as to deliver the highest quality                          Barbara B. Greene
networking experience to all users.                                   Louis E. Grenzer Jr.
                                                                      Chester H. Hobbs IV
Part of the mission statement of Completely E-                         Terri Holt-Charles
Legal is to promote the institutions of bar                              Thomas S. Hood
associations and their contributions to professional                  Kristine K. Howanski
and local communities. Completely E-Legal will                         Jennifer C. Jackson
be indexed geographically by bar associations as it                   J. Calvin Jenkins Jr.
continues to grow as part of that mission. Members                      Jeffrey L. Kaplan
will only be listed by area in search indexes as they
are affiliated with local bar associations.                                      Continued on page 8

THE ADVOCATE                                            Page 7                             July/August 2012
                                   FOUNDING FIRST
                                     Continued from page 7

         Christopher W. Keelty                                      Sarah B. Sherman
         Lauren Pagano Kemper                                         Stacy L. Siegel
             William T. Kerr                                          Aidan F. Smith
              Wallace Kleid                                           James T. Smith
               J. Neil Lanzi                                         John R. Solter Jr.
         Douglas C. Lauenstein                                  Alaina L. Storie-Redwinski
           Robert W. Lazzaro                                         Andrea K. Sugar
            Jack I. Leibovitch                                       Sara R. Sussman
          Richard D. Lebovitz                                      Robert J. Thompson
            Sheldon H. Levitt                                       Joseph I. Tivvis Jr.
           Judson H. Lipowitz                                    Marty Voelkel-Hanssen
              Craig J. Little                                     Annamaria M. Walsh
             Louise A. Lock                                        Kathryn F. Weinrich
             Patrick E. Maher                                       Dana O. Williams
           Thomas K. Mallon                                          S. Todd Willson
              Sarah D. Mann                                          David A. Wilson
             Maureen F. May
           Donna B. McElroy
          Thomas S. McElroy
                                                         LAWYER IN THE LOBBY CLINIC
          Christopher McNally
          Wendy S. Meadows
              Erin C. Miller                    The attorneys listed below have volunteered to staff
              Mark C. Miller                    the LAWYER IN THE LOBBY CLINIC, which is held
             David F. Mister                    the second Wednesday of each month, 4:30 to 6:30
             Ryan E. Naugle                     p.m. This is an opportunity for citizens of Baltimore
        Christopher W. Nicholson                County to meet, free of charge, with an attorney for
          Christine S. Nielson                  advice and/or referral or both (including self-referral)
             David D. Nowak                     in the areas of collections, bankruptcy, landlord/
            Dennis F. O’Brien                   tenant matters, contract, warranties and other
           Margaret H. Oliver                   consumer matters, wills, probate, advance directives,
             Matt M. Paavola                    or small claims actions.
            Jennifer Pechulis
                                                Hasson Barnes              Craig Little
            F. Bradley Peyton
            Edward T. Pinder                    Nicholas Del Pizzo III     Katherine Linzer
                Larry Polen                     Lisa Elder                 Joseph Lyons
            Camilla J. Rogers                   Stanford Gann              Thomas Mallon
           Jeffrey P. Rogyom                    Michael Jeffers            Kathryn Masterton
           Ellen P. Rosenberg                   Francis C. Lanasa          James Nolan Jr.
           Douglas T. Sachse
             Mary R. Sanders                    Douglas Lauenstein         Daniel Schmitt
              Ralph L. Sapia                                     Marie Van Deusen
            Steven J. Scheinin
          Jeffrey R. Scholnick                  If you are interested in staffing the Clinic, please call
            Paul J. Schwab III                  Rachel M. Ruocco at 410-337-9102 or email
             Richard K. Scott
               Joel E. Segall

THE ADVOCATE                               Page 8                                     July/August 2012
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THE ADVOCATE                                Page 9   July/August 2012
     FAMILY LAW DINNER                                               FAMILY LAW FORUM
                   by Richard Grason VI                                           by Catherine Woods

On April 25, 2012, the Family Law Committee for
both the Baltimore County Bar Association (BCBA)                You may have heard that brevity is a sign of a
and the Bar Association of Baltimore City (BABC)                sharp mind. Apropos this aphorism: The well-
held their annual joint dinner at Gertrude’s Restaurant         attended Family Law Forum held May 31 featured
in the Baltimore Museum of Art.                                 education about recent rulings of the Maryland ap-
                                                                pellate courts. The well-respected Richard Jacobs
The topic of discussion was a recent alimony case               provided a written and verbal summary of family
handed down by the Court of Appeals – Boemio v.                 law decisions from May, 2011, to the present. If
Boemio, 414 Md. 118 (2010). The Boemio case was the             you handle any domestic cases at all, risk missing
Court of Appeals’ first review of the use of alimony            the annual May forum at your peril.
guidelines by the Circuit Court and better defined the
circumstances when an award of indefinite alimony
was appropriate.

To illustrate the effect the Boemio holding will have on         Pro Bono Committee Seeks Nominations
trial practice, the BCBA and BABC rounded up a slew                  for this year’s PRO BONO AWARD
of its finest lawyers to present a closing argument –           to an individual attorney and to a law firm.
based on a fictional factual scenario concerning Fred
and Wilma Flintstone – to argue for and against
indefinite alimony. Fred’s attorneys Kristine A.                           Pro Bono Attorney of the Year
Howanski and Sally B. Gold argued against indefinite
alimony: Wilma’s attorneys Julie E. Landau and                  1. Attorney serving the needs of the community
Christopher W. Nicholson argued for it.                             through pro bono work.
                                                                2. Generally demonstrated through his or her career.
The attorneys pleaded their cases before a five member          3. May be demonstrated through a single case or a
“Supreme Bench” consisting of Judges Albert J.                      particular accomplishment.
Matricciani Jr., Yvette M. Bryant, Michael J. Finifter,         4. Work considered is services to persons of limited
H. Patrick Stringer Jr. and Master Andrea F. Kelly.                 means as that is defined in Rule of Professional
After oral argument, each jurist revealed their decision,           Conduct 6.1 and includes services outlined in
the aspects of the facts that were important to them and            Maryland Rule 16-902.
their views on how best to argue alimony cases – at a
pendente lite hearing, at trial and on appeal. The                           Pro Bono Firm of the Year
Bench’s rulings, which tended to lean towards an
award of indefinite alimony, demonstrated the inherent          1. Firm serving the needs of the community through
variability of alimony cases – even with the assistance              pro bono work.
of guidelines.
                                                                2. Generally demonstrated over a number of years.
                                                                3. May be demonstrated through a single case or a
         BANKRUPTCY—Chapters 7 and 13                                particular accomplishment.
              1-800-BANKRUPT                                    4. Work considered is services to persons of limited
STOP    Foreclosures             Wage Garnishments                   means as that is defined in Rule of Professional
        Vehicle Repossessions    Creditors Calls                     Conduct 6.1 and includes services outlined in
        Judgments                Lawsuits                            Maryland Rule 16-902.
            Free Consultation – Payment Plans
We are a Debt Relief Agency servicing all areas of Baltimore    Nominations should be submitted to the Baltimore
County, Baltimore City and Harford County – Over 1,000          County Bar Association, in writing, not later than
cases filed.                                                    August 31, 2012. Please mail to BCBA, 100 County
                                                                Courts Building, 401 Bosley Avenue, Towson, MD
     Law Office of Nicholas J. Del Pizzo, III, P.A.

THE ADVOCATE                                              Page 10                                      July/August 2012
                                            by Robert K. Erdman Jr.

On May 15, 2012, the Young Lawyers Committee hosted a brown-bag lunch presentation on leadership
opportunities available to younger lawyers.

Debra G. Schubert spoke about the Maryland State Bar Association’s “Leadership Academy.” In addition to
being a graduate of the inaugural class of fellows, Ms. Schubert is a past president of the Baltimore County
Bar Association and the current treasurer of the Maryland State Bar Association. She indicated that Leadership
Academy played a large role in helping her to rise through the ranks. The MSBA Leadership Academy is a 12
month program designed to assist lawyers become better leaders and it offers opportunities for future
leadership roles in the MSBA. For more information, please visit

Elayne Hettleman (Executive Director) and Adam M. Rosenblatt (Class of 2011) then offered remarks on the
benefits of participating in “Leadership Baltimore County” – a 10 month program offered by the county to
prepare talented people for leadership positions on the boards of community and regional non-profit
organizations. Ms. Hettleman and Mr. Rosenblatt shared stories of their experiences in the program and
described how it provides participants the foundation for personal and career growth. For more information,
please visit

On behalf of the Young Lawyers Committee, I’d like to offer my thanks to Ms. Schubert, Ms. Hettleman and
Mr. Rosenblatt for their time and efforts in making this informational session a success.

           Former Associate Judge,
     Circuit Court for Baltimore County

               Now Available for:

            Arbitration, Mediation,
               Guided Settlement
      Discussions and Case Evaluations

THE ADVOCATE                                       Page 11                                  July/August 2012
                             PAST PRESIDENTS DINNER
                                              by Robert K. Erdman Jr.

President Edward J. Gilliss and the Executive            hard-work and dedication of Executive Director Doris
Council of the Baltimore County Bar Association          Barnes.
hosted the 22nd Annual Past Presidents’ Dinner on
Wednesday, May 23, 2012 at the Country Club of            President-elect Robert W. Lazzaro then took the
Maryland.                                                 opportunity to recognize Mr. Gilliss as an “august
                                                          president” and continued a tradition established last
It’s believed that the tradition of the gathering of past year by presenting him with his “Special OPS” lapel
presidents began with a luncheon in April of 1991, pin (Out to Pasture Society – Past Presidents’
under the tenure of Bill Hesson (President, 1990-91). Committee of the BCBA).
The following year, the custom continued in the form
of a dinner, with the inaugural one hosted by then- The Past Presidents’ Dinner allows current members
president G. Warren Mix. Before dinner was served, of the Executive Council and past BCBA presidents to
President Gillis remembered “Moose” Mix, as well discuss the always important issues of finances and
as Paul J. Redmond, and offered a toast to their keeping membership informed and involved. It is also
contributions, opining that they epitomized what it an opportunity for current Executive Council members
was to be a Baltimore County lawyer.                      to receive advice and inspiration from their
                                                          predecessors, and to share stories and laughs. Judicial
In addition to thanking those in attendance for their officers who attended included retired Judges J. Norris
service, President Gilliss remarked that the Past Byrnes, Lawrence R. Daniels and Charles E. Foos III;
Presidents’ Dinner was a spectacular sign of the Court of Special Appeals Judge and Immediate Past
commitment and fellowship embodied in the President Alexander Wright Jr.; current Circuit Court
BCBA’s mission. In closing, he indicated that, at the Judges Vicki Ballou-Watts, John J. Nagle III and John
end of the 2011-12 bar year, the BCBA would have Grason Turnbull II; District Court Judge Phillip
nearly 1,700 members, which was a fantastic sign of Tirabassi; and Master C. Theresa Beck.
the health of our organization and a tribute to the

THE ADVOCATE                                        Page 12                                   July/August 2012
                                                 by Terri Beck

The 2012 Law Day Breakfast included a trip down           are that gasoline was 20 cents a gallon and Harry
memory lane thanks to the generosity and ingenuity        Truman was finishing his term as President.
of Historical Committee Chair Jeff Scholnick, along
with special help from Executive Director Doris           Daniel Stringer, law clerk to Judge Timothy J. Mar-
Barnes. Jeff arranged (that is to say paid for) to        tin, was one of several who knew that the photo was
have several photos from the Bar archives enlarged        from the January 31st, 1952 Banquet. Mr. String-
and prominently displayed at the Law Day Break-           er’s name was pulled from the hat that included the
fast. The display included photos of Past President       names of other knowledgeable participants, which
J. Earle Plumhoff at a judicial investiture (perhaps      meant that he won the Panera Bread Gift Card,
of Judge Alfred L. Brennan Sr.) and Judy Ritchey          which was Chair Jeff Scholnick. Mr. Stringer con-
from a pre-1985 banquet. Pictures of Judge Leonard        tended he just took a guess, but I suspect he has ex-
Jacobson’s show cast and a family law dinner meet-        traordinary powers of observation and deduction.
ing featuring Judges Lawrence R. Daniels and Ed-          No doubt the BCBA Historical Committee along
ward A. DeWaters Jr. were also on display.                with the Law Day Committee will be recruiting him
                                                          next year.
 The largest photo in the array showed the entire         The caption relating the big picture to the 30th An-
room for a Bar Banquet, with the caption, 30th An-        nual Banquet could have misled some – particularly
nual Banquet, honoring Judge Gus Grason at the            those good at math - who knew the organization
Elkridge Club.” The banquet room was crowded              was founded in 1920. Apparently the annual BCBA
with gentlemen in tuxes, table center pieces at rec-      banquet was so annual for a year or two, perhaps
tangular tables and fancy linen table cloths. Break-      because of complications brought on by WWII.
fast attendees were invited to guess the year of the      This would explain why the 1951 Banquet was only
event depicted in the photo. Clues that were not          the “30th Banquet.”
provided with the picture include that it was the
year Alan E. Buzzell was President of the BCBA            It was particularly fitting that a 1952 photo was in-
and John S Stanley was President of the MSBA (to          cluded at this Law Day event. President Dwight D.
be followed by Edward H. Burke, who was from              Eisenhower was to take office later that year and it
Baltimore County). Toy lovers may know that Mr.           was during his term that the ABA and others pre-
Potato Head was born that year, and you could buy         vailed upon the President to have the day we now
a gallon of milk for 97cents or a postage stamp for       call Law Day set aside to celebrate the rule of law
3 cents at that time. Other clues, also not included      in the United States.

  BCBA PAST PRESIDENTS AND EXECUTIVE COUNCIL (left to right). Top row: Judge Lawrence Daniels,
  Alan Bussard, Rob Erdman, Robert Lazzaro, Stephen Nolan, Judge Vicki Ballou-Watts. Middle
  row:Robert Romadka, John Gontrum, Myles Friedman, Debra Schubert, Keith Truffer, Dominick Garcia,
  Judge Philip Tirabassi, Judge J. Norris Byrnes, T. Wray McCurdy, Judge John Turnbull, II. Front row:
  Tom Bodie, Master Terri Beck, Nip Jenkins, Rebecca Fleming, Judge John Nagle, Lou Weinkam, John
  Nowicki, Bill Hahn, Ed Gilliss, Judge Alexander Wright, Judge Charles Foos.

THE ADVOCATE                                       Page 13                                   July/August 2012
                                   ANNUAL GOLF OUTING
                                                    by Michael W. Siri

On June 4, 2012, 93 golfers played in the annual                  The ASAP team, a fivesome featuring Police
Baltimore County Bar Association tournament at                    Chief James Johnson, Dominick Garcia, Chris
Hunt Valley Golf Club, in Phoenix, Maryland. With                 Sporer, Charlie Winchester and Judge Hennegan,
perfect weather and a beautifully manicured course,               won the third flight with an adjusted score of
the captain’s choice scramble format resulted in low              55.7.
                                                                  The afternoon started with practice swings at the
Teams were broken down into three separate flights                driving range and lunch provided by Legal
based on the overall handicap. Taking the first flight            Images and Merrill LAD. As the 1 p.m. tee time
was the team of Marshall Henslee, Chris Purpura,                  approached, the club’s PGA Pro John Albert
Bryan Tillman and Matt Wyman, with an adjusted                    provided instruction to the participants.
score of 53.5.
                                                                  Throughout the day, golfers also participated in
                                                                  various contests. This included three closest to the
                                                                  pin contests sponsored by ASAP and the Longest
                                                                  Drive Contests sponsored by Gore Brothers. Bob
                                                                  MacMeekin, Bryan Tillman and Chris Sporer
                                                                  were the closest to the pin for holes White 1,
                                                                  White 3 and Red 4, respectively.

       Matt Wyman, Bill Purpura and Bryan Tillman

Sean Daly, Marcus Grubb, Michael Laguna and
Rick Rieman won the second flight with an adjusted
score of 52.2.

                                                                           Danielle Winchester, Bob MacMeekin,
                                                                                Charlie & Betty Winchester

                                                                  Matt Landsman won the men’s longest drive for
                                                                  the second year in a row and Beverly Wallace
                                                                  won the women’s longest drive. Eighteen golfers
                                                                  beat the pro, Cliff Mangle, on Red 2 and Robert
                                                                  Erdman was randomly selected from that group of
                                                                  eighteen to receive a $100 gift certificate to the
                                                                  pro shop.

                                                                  The success of the tournament can be attributed to
                                                                  the various sponsors of the event. The tee
             Marcus Grubb and Michael Siri                        sponsors included Arrow Process Servers, Bowie
                                                                  & Jensen LLC, Completely e-Legal, Nicholas

THE ADVOCATE                                            Page 14                                    July/August 2012
   Chief James Johnson, Dominick Garcia, Chris Sporer, Charlie Winchester, Judge Jack Hennegan

Delpizzo, Fidelity Investigations, Irwin Reporting
Services, Towson Executive Offices and Zest Social
Media. Other sponsors were Legal Images, Merrill
LAD, Gore Brothers, and Multi-Specialty

                                                                          Matt Landsman and Joe Grabowski (Gore Bros.)

   Rob Erdman, Rebecca Fleming, Doris Barnes & Michael Siri

                                                Bob Hanley, Ed Gilliss, Jim Shea and Keith Truffer

THE ADVOCATE                                              Page 15                                        July/August 2012
                                 MEMBER NEWS
       This will be a two–part beginner level program which focuses on issues in family law cases
    from initial client contact through trial. The program will feature judges, masters, AAML Fellows,
     and attorneys from the Family and Juvenile Law Section of the Maryland State Bar Association.

  Friday, September 21, 2012 and Friday, September 28, 2012, 8:30 a.m..- 4:00 p.m.
              University of Baltimore School of Law Moot Court Room

                         Space is limited – advance registration is requested.

                  Early registration is $85.00 per session or $160.00 for both sessions.

   Any questions, please contact: Leslie Billman, Esquire,, 410-2800, or
                 Deborah L. Webb, Esquire,, 301-657-0725.

              The Administrative Office of the Courts, Department of Family Administration
                      is pleased to announce an upcoming Training for Attorneys

                      REPRESENTING CHILDREN IN
              The Guidelines of Practice for Court-Appointed Lawyers
   Representing Children in Cases Involving Child Custody or Child Access


                     October 31, 2012 in Annapolis, Maryland
This program will provide strategies for improving child representation, best practices for child coun-
           and how to avoid pitfalls. Ample time is allotted for questions and discussion.

    The program meets the requirements of Rule 9-205.1 of the Maryland Rules for attorneys
    wishing to qualify for appointment as child counsel, in accordance with Guideline 4 of the
  Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases
                             Involving Child Custody or Child Access.

 Registration and additional information is available online at:

THE ADVOCATE                                     Page 16                                   July/August 2012
                         MEMBER NEWS

  WELCOME NEW MEMBERS                          ** SAVE THE DATE **
                                                 Everyone Welcome to Attend
          Melissa L. Cassell
          David M. Chance                        Annual Crab Feast
            Tara K. Clarke
             John J. Cord
         James A. H. Corley
            Sarah E. Fiori
            Amy L. Grossi
         Benjamin A. Harris
             Luch Hirsch
        Kristin Hosseinzadeh
          Philip G. Kaplan
          Natalie N. Mayo
        Steve A. pPapaminas
        Brendan E. Pederson              Farewell to departing Judicial Law Clerks
           Jason A. Plotkin                                and
             Jason Perash                Welcome to incoming Judicial Law Clerks
          Linda A. Ramirez
            Jonathan Rose                      Wednesday, October 3, 2012
          Carlos G. Stecco


                                                    Marie Van Deusen
                                                included in The Daily Record’s
                                                     100 Top Women.
        Come cruise with us!
         April 21-28, 2013                   Marie also holds the esteemed position
  from Baltimore to the Bahamas!             in their Circle of Excellence as she has
                                              been included in this list three times.
       For more information

THE ADVOCATE                       Page 17                                 July/August 2012
                             COUNTY COUNCIL UPDATE
Greetings! The members of the Baltimore County
Council are grateful for the opportunity to update the   1. Master Plan - Section 32-4-102 of the
County Bar on the activities of our County’s                development regulations requires that all
legislative body.     Your seven member County              development of land conform to the Master Plan,
Council serves as the independent Legislative Branch        adopted community plans and Title 4 of Article
of County government. The Council meets year-               32 (titled “Development”). Likewise, Section 32
round, generally in bi-monthly Legislative Sessions         -4-245 requires a Planned Unit Development
(held at night) and bi-monthly Work Sessions (held          (PUD) development plan to conform to the
during the day). All proceedings are open to the            “goals, objectives and recommendations of the
public, and the Legislative Session is broadcast on         Master Plan, area plans, or the Department of
BCTV (Comcast & Verizon channel 25). The                    Planning.” Bill 42-12 recommends changes to
Council’s                  Website                  at      the statute so that the requirement of Section 32- provides helpful             4-102 is “subject to limitations in...this Code,”
information as well.                                        and the requirement of Section 32-4-245 is
                                                            changed so that a PUD development must
Recent items of legislation passed by the Council           conform to the goals, objectives, and
include the following:                                      recommendations of “ or more of the
                                                            following...” – i.e., either the Master Plan, area
Bill 38-12 – Development – Compatibility                    plans or the Department of Planning.
Requirements – Bill 38-12 sets forth compatibility
objectives required for certain Planned Unit
Development projects located in specified areas or of
a specific type of development such as a Transit

Oriented Development. The bill adds a section to the
County Code that creates compatibility objectives for
certain Planned Unit Developments and requires the
Director of Planning to make compatibility
recommendations separate from those required by
Section 32-4-402 of the County Code. Bill 38-12
                                                             East-end Baltimore County
was passed by the Council on May 24, 2012 and took
effect on June 6, 2012.
                                                                   (Dundalk Area)
Resolution 39-12 – North Point Revitalization
District/Essex Commercial Revitalization District               Seeking attorney or attorneys
– Resolution 39-12 creates the North Point
Commercial Revitalization District and expands the
                                                             interested in establishing an office
existing Essex Commercial Revitalization District.            and assuming part of the practice
Designation of an area as a commercial revitalization
district carries with it certain benefits, including          with long-term goal of assuming
eligibility for County programs. Resolution 39-12                      entire practice.
was passed on May 24, 2012 and took effect on the
date of its enactment.

Bill 42-12 – Development – Bill 42-12 directs                      Please call 410-285-6000
several changes to the County’s statutory process for                for an appointment
the development of land:

THE ADVOCATE                                       Page 18                                  July/August 2012
                                                                    ARE ALCOHOL AND DRUGS CAUSING
2. PUD Process - Bill 42-12 amends the PUD                               PROBLEMS IN YOUR LIFE?
   process to: (1) require that the post-submission        There is a way up and a way out — for
   community meeting be held no earlier than 21
                                                           ABSOLUTELY CONFIDENTIAL help, call us
   days and no later than 30 days after the filing
   of a PUD application; (2) require that the PUD          today ...
   application be sent by the Department of                          BALTIMORE COUNTY LAWYER
   Permits, Approvals and Inspections to the                             ASSISTANCE PROGRAM
   Departments of Planning, Environmental                   A CONFIDENTIAL resource for Baltimore County
   Protection and Sustainability and other                           attorneys, assistants and judges.
   appropriate reviewing agencies; and (3) require
   that the agencies’ preliminary evaluations of a         Our services include help for a broad range of
   PUD proposal be sent to the Council member              problems and personal concerns, such as:
   with whom the application was filed within 15
   days of the date of filing of the PUD                   Depression                 Career Concerns
   application.                                            Marital and Family         Gambling
3. Amendments to an Approved PUD - Bill 42-12              Relationships              Internet Addiction
   creates a process for dealing with amendments           Alcohol and Drug Abuse     Sexual Addiction
   proposed to a previously approved PUD                                              Compulsive Spending
                                                           Stress and Burnout
   development plan. The bill defines a material                                      Eating Disorders
                                                           Prescription Drug          Balancing Work and Family
   amendment as any significant change in the              Concerns
   type, location and arrangement of principal
   land use in the development as shown on the
   previously approved PUD development plan.               WE DO NOT KEEP RECORDS. Our sole
                                                           purpose is to provide help. We can assist with
Bill 42-12 was passed by the Council on June 4,            providing access to treatment facilities and provide
2012 and took effect on June 18, 2012.                     emergency practice management, as well as referrals
                                                           to professional counselors.
Appointments – The following appointments
were approved by the Council on June 4, 2012:                     JAY MILLER, Chair           410-583-6969
appointments at the request of the County                                                     443-271-7317
Executive of Melanie Moser and Richard Jones to                   JOE MURTHA, Vice-Chair      410-583-6969
the Baltimore County Design Review Panel.                                                     443-271-7319
                                                                  STUART AXILBUND             410-832-7579
                                                                  JIM BEACH                   410-241-8538
                                                                  JUDGE ALFRED L. BRENNAN SR. 410-825-2413
                                                                  MARY CHALAWSKY              410-951-7160
                                                                  MIKE CONNOLLY               410-583-8300
        MICHAEL J. MORAN, ESQUIRE                                 RICHARD LYNAS               410-821-1099
                                                                  GERARD MILES                443-589-0150
   The Law Offices of Michael J. Moran, P.C.
                                                                  JOSE MOLINA                 443-851-7353
        3407 Eastern Boulevard-Suite A
                                                                  JIM QUINN                   443-703-3041
           Middle River, MD 21220                                 JUDGE PHILIP N. TIRABASSI   410-512-2323
                410.687.8494                                      RICHARD VINCENT             443-703-3040
            The General Practice of Law
     Civil, Criminal & Administrative Appeals

THE ADVOCATE                                          Page 19                                  July/August 2012
                    CIRCUIT COURT LAW LIBRARY
                                          By Stephanie Levasseur, Librarian

Tax season is over but maybe there is something             410-887-3086 to reserve well in advance of your trial
you might have missed, forgotten or meant to look           date.    Equipment reservations are popular and
up. What better place to get your tax research done         waiting until the day before or the day of your trial
than the Baltimore County Circuit Court Law                 may mean nothing is available. There is a fee for
Library? The library has six computers with free            renting some of the equipment.
access to Westlaw, Lexis and the tax databases of
CCH and BNA. Tax law can be tricky at times but             I would like to send a belated thanks to the Young
the searchable CCH Standard Federal Tax Reporter            Lawyers Committee for a successful holiday party
makes it easy to pinpoint an exact point of law. You        last December. The event brought in 738 new
can search by subject, tax code section, chapter or         children’s books for the Baltimore County
law. In the BNA databases, the Tax Management               Department of Social Services Toy Stores, which
Portfolios are a breeze to search by subject,               benefits low-income children in the county.
Portfolio number, code section or law. To find that
elusive tax form, search Rabkin & Johnson’s                 We’re proud of our offerings and hope to see more of
Current Tax Legal Forms in Lexis by subject or              you in the Law Library as the weather warms up.
code section to find exactly what you need. Since all
of this research is free, the only cost involved is if
you print anything, which is 20 cents a page.

The Law Library also has legal DVD titles you can              *BCBA Members have access to the TV/DVD/
check out to view at home or in your office. There is          VCR equipment for FREE for the first-day of
no fee to rent a DVD, but a $25 refundable deposit             rental. Subsequent days are $50 per day, and a
check is required. One disk may be rented for one              $50 deposit is required. Please contact the Bar
week. Many of the DVDs deal with lawyers skills                Office for scheduling, 410-337-9102.
such as “ways to win,” deposition tips and
negotiation, litigation or discovery techniques.
Other titles cover areas of law such as construction,
entertainment, school, divorce, employee benefits
and immigration. A complete list of DVD titles is
available at the Library’s front desk or online at
                                                                     WORKERS’ COMP LAW FIRM, L.L.C.
Speaking of Library services, do you need to show a                    2113 Orems Road, Middle River, MD 21220
video or document in court? If the BCBA TV/
                                                             Matt M. Paavola, Esq.
DVD/VCR is NOT available*, the Baltimore                     Kevin C. Lawrence, Esq.
County Circuit Court Law Library rents the                   and Introducing: David M. Snyder, Esq.
equipment you need for the courtroom. TV/DVD/
VCR, ELMO (overhead projector), a screen or
NOMAD (combination of computer projector,                         Over 30 years of workers’ compensation experience.
                                                                 We will gladly travel to your office to meet your clients.
overhead document camera, and VCR/DVD player)
are available for rent from the Law Library.
Registration is required for all equipment. There is
only one of each type of equipment, so please call

THE ADVOCATE                                         Page 20                                            July/August 2012
Premier Baltimore City-based law firm seeking
energetic, experienced, result-oriented attorney
for preeminent AV-rated family law firm. Our
boutique firm is highly acclaimed and is known
for its dedicated and effective representation of
clients in sophisticated family law matters. We
are in search of a motivated and intelligent
family law practitioner, who is eager to act as
lead counsel in complex matters. Comfort level
with business matters and financials is needed.
If you have a practical, and passionate approach
to the practice of law, please apply. This is a
wonderful opportunity to become part of a
growing, focused practice driven by a firm
culture that is devoted to quality representation.
Please        submit      via       email       to

THE ADVOCATE                                   Page 21   July/August 2012
                             COMMITTEE REPORTS
                ADR COMMITTEE                                                 CLE COMMITTEE
             Chair, Thomas J. Dolina                                      Chair, Mary Cina Chalawsky
      410-823-1250;                            410-821-1000;

Wednesday, July 18, 2012, 4:30 p.m., Grand                    Tuesday, July 17, 2012, 4:30 p.m., Grand Jury
Jury Room, County Courts Building, Towson. Planning           Room, County Courts Building, Towson. Planning
Meeting of 2012-13 programs. If you are not able to           Meeting of 2012-13 programs. If you are not able to
attend, please submit any program suggestions to              attend, please submit any program suggestions to
Chairman Tom Dolina.                                          Chairwoman Mary Chalawsky, mchalawsky@lawpga.

           Co-Chair, Catherine F. Woods
           Co-Chair, Matthew P. Woods                             CONSTITUTION & BYLAWS COMMITTEE
410-832-8010;                            Chair, Stanford G. Gann, Jr.

Monday, July 2, 2012,              4:30 p.m., Grand Jury
Room, County Courts Building, Towson. Planning                Please communicate any issues for consideration
Meeting. If you are not able to attend, and are interested    and/or review to Chairman Stan Gann
in writing for the BCBA monthly newsletter, please
email Co-Chair Catherine or Matt.

           BENCH/BAR COMMITTEE                                          CRIMINAL LAW COMMITTEE
               Chair, Craig J. Little                                      Chair, Timothy M. Gunning

This committee meets at 8 a.m. on the second                 Insert new date, 2012,       4:30 p.m., Grand Jury
Thursday of every month, September through June.             Room, County Courts Building, Towson. Planning
Please communicate any issues or concerns to                 Meeting of 2012-13 programs. If you are not able to
Chairman, Craig Little.                                      attend, please submit any program suggestions to
At-large members appointed by President Lazzaro              Chairman Tim Gunning.
for 2012-2013 include:

               Howard L. Alderman Jr.                                  ENTERTAINMENT COMMITTEE
                Andrew I. Alperstein                                       Chair, Robert K. Erdman Jr.
                Hon. S. Ann Brobst                                410-296-8166 x109;
                C. Carey Deeley Jr.
                  Arthur M. Frank                             Monday, July 9, 2012,         5 p.m., Charles Village
                   Mary G. Loker
                                                              Pub, 19 West Pennsylvania Avenue, Towson. Planning
              Christopher W. Nicholson
                  Mary R. Sanders                             Meeting of 2012-13 programs. If you are not able to
                 Lawrence M. Stahl                            attend, please submit any program suggestions to
                   Wendy Zerwitz                              Chariman Rob Erdman.

THE ADVOCATE                                            Page 22                                   July/August 2012
                          COMMITTEE REPORTS
      ESTATES & TRUSTS COMMITTEE                                   LAW DAY COMMITTEE
          Chair, Kathleen J. Masterton                                Chair, Michael W. Siri
     410-339-7111;                      410-583-2400;

                                                       Wednesday, July 18, 2012, Noon, Grand Jury
Thursday, July 19, 2012, 4:30 p.m., Grand Jury         Room, County Courts Building, Towson. Planning
Room, County Courts Building, Towson. Planning         Meeting for Law Day Ceremonies May 1, 2013. If you
Meeting of 2012-13 programs. If you are not able to    are not able to attend, please submit any program
attend, please submit any program suggestions to       suggestions to Chairman Michael Siri.
Chairwoman Kate Masterton.
                                                             LAWYER REFERRAL COMMITTEE
Thursday, September 13, 2012, 5 p.m., Grand                       Chair, Kelly Bollinger Burke
Jury Room, County Courts Building, Towson, Karsenty            410-494-7998;
v. Shoukron and the Spousal Share: A Historical
Perspective. Speaker: Peter W. Sheehan Jr., Esquire.   If you need to grow your practice, check it out …
Flyer included in this issue.
                                                       forms are available online (,
                                                       Attorney Resources, Lawyer Referral Information
            Chair, Richard Grason VI
                                                       Monday, July 16, 2012,           4:30 p.m., Grand Jury
                                                       Room, County Courts Building, Towson. Planning
                                                       Meeting of 2012-13 programs. If you are not able to
Thursday, July 12, 2012, 4:30 p.m., Grand Jury         attend, please submit any program suggestions to Kelly
Room, County Courts Building, Towson. Planning         Burke.
Meeting of 2012-13 programs. If you are not able to
attend, please submit any program suggestions to       The following attorneys have participated in the new
Chairman Richard Grason.                               Lawyer-in-the-Lobby Family Law program,
                                                       staffing shifts at the County Courts Building
      FEE ARBITRATION COMMITTEE                        throughout the day. Potential clients with family-law
           Chair, Beverly A. Wallace                   related issues are seen by appointment (sometimes
      410-296-5331 x10;                referred by the Court’s Self-Help Office), and others
                                                       are walk-ins to the courthouse.
    Forms and program information can be found                           Hasson Barnes
           on our website,
                                                                         Kelly B. Burke
                                                                        Jaime A. Cheret
          HISTORICAL COMMITTEE                                          Diana B. Denrich
               Chair, John A. Austin                                     Arnette Dorsey
      410-821-9632;                               Laurie A. Filippi
                                                                       Jennifer B. Lester
The Committee will soon be scheduling the second                       F. Bradley Peyton
round of oral histories. If you want to be involved,                  Richard D. Rosenthal
                                                                     Marty Voelkel-Hanssen
or have a suggestion of someone who should be
                                                       To find out how YOU can get on the schedule,
interviewed, please contact Jeff Scholnick.
                                                       contact Rachel Ruocco at 410-337-9102 or
                                              for more information.

THE ADVOCATE                                      Page 23                                 July/August 2012
                            COMMITTEE REPORTS
               Chair, Jay D. Miller                                         Chair, Glen D. Lazzaro
     410-583-6969;                            410-296-9096;
  A CONFIDENTIAL resource for Baltimore County              Monday, July 23, 2012,              4:30 p.m., Grand Jury
         attorneys, assistants and judges.                  Room, County Courts Building, Towson. Planning
                                                            Meeting for the November 2012 Ceremony. If you are
WE DO NOT KEEP RECORDS. Our sole                            not able to attend, please contact Chairman Glen Lazzaro
purpose is to provide help. We can assist with              for family assignment.
providing access to treatment facilities and provide
emergency practice management, as well as referrals
to professional counselors.                                 Please notify the Bar Office (410-337-9103 or
                                                   of any member’s passing.
See page 15 for contact information, or email                    The following members will be honored at the Referrals and contacts are kept                         November 2012 ceremony:
strictly confidential.
                                                                            John W. Moyer Sr.
Please do not hesitate to contact anyone on the                              Bryan J. Akman
committee for assistance, to refer a colleague, or
for general information.                                                  Kenneth Halls Masters
                                                                              G. Warren Mix
  LONG-RANGE PLANNING COMMITTEE                                              Paul J. Redmond
             Chair, Keith R. Truffer                        The one-hour ceremony will begin promptly at 3:30
       410-823-1800;                      p.m. in Ceremonial Courtroom Five in the Old
                                                            Courthouse, 2nd Floor, 400 Washington Avenue.
No meetings are currently scheduled for this
                                                            NEGLIGENCE, INSURANCE & WC COMM.
                                                                             Chair, Joan I. Harris
          MEMBERSHIP COMMITTEE                                      443-353-2309;
                 Chair, David F. Luby
          443-540-8288;                    Thursday, July 26, 2012, 4:30 p.m., Grand Jury
                                                            Room, County Courts Building, Towson. Planning
Tuesday, August 21, 2012,              4:30 p.m., Grand     Meeting of 2012-13 programs. If you are not able to
Jury Room, County Courts Building, Towson. Planning         attend, please submit any program suggestions to
Meeting of 2012-13 events. If you are not able to attend,
                                                            Chairwoman Joan Harris.
please submit any program suggestions to Dave Luby.

THIRSTY THURSDAYS … Second Thursday of
each month, 5:30 - 7:30 p.m., El Rodeo Tex Mex
                                                                                    Take a “sniff” around
Cantina & Grill, 28 West Allegheny Avenue,
                                                                                    See article on page 6 ...

THE ADVOCATE                                           Page 24                                   July/August 2012
                          COMMITTEE REPORTS
           PRO BONO COMMITTEE                                    REAL PROPERTY COMMITTEE
           Chair, Stanford G. Gann Jr.                            Chair, Christopher W. Keelty
       410-321-0600;               443-901-0800;

The BCBA and the Local Pro Bono Committees              Wednesday, July 18, 2012,           4:30 p.m., Bar
                                                        Office, County Courts Building, Towson. Planning
meet the second Tuesday of every month
                                                        Meeting of 2012-13 programs. If you are not able to
(September through June, except December), 4:30
                                                        attend, please submit any program suggestions to
p.m. at Levin & Gann, 502 Washington Avenue,
                                                        Chairman Chris Keelty.
Suite 800, Towson, specifically:
     September 18, October 16, November 20,
               December 18, 2012                               SOLO & SMALL FIRM COMMITTEE
                                                                       Chair, Diana B. Denrich
   January 15, February 19, March 19, April 16,              410-833-1008;
              May 21, June 18, 2013
                                                        Tuesday, July 17, 2012,         Noon, 7 West Bistro
      PROFESSIONALISM COMMITTEE                         Grille, 7 West Chesapeake Avenue, Towson. Planning
             Chair, Jason S. Garber                     Meeting of 2012-13 programs. If you are not able to
     410-296-0390;                 attend, please submit any program suggestions to
                                                        Chairwoman Diana Denrich.
Tuesday, July 10, 2012, 5:15 p.m., Grand Jury
Room, County Courts Building, Towson. Planning
Meeting of 2012-13 programs. If you are not able to             SOLO & SMALL FIRM LUNCH
attend, please submit any program suggestions to
                                                               TOWSON - Third Tuesday every month
Chairman Jason Garber.
                                                                      Noon, 7 West Bistro Grille
                                                              7 West Chesapeake Avenue, Towson 21204
           PUBLIC AWARENESS &                                              No RSVP necessary.
           SPEAKERS COMMITTEE                            NORTHWEST - Fourth Wednesday every month
                Chair, Larry Polen                                1:00 p.m., The Grill at Harryman House,
                                                                    340 Main Street, Reisterstown 21136
                                                                 Contact: Diana Denrich, 410-833-1008 or
Monday, July 13, 2012,          4:30 p.m., Grand Jury
Room, County Courts Building, Towson. Planning
Meeting of 2012-13 program goals. If you are not able               EAST SIDE - Second Thursday
to attend, please submit any program suggestions to                 Every other month (odd months)
Chairman Larry Polen.                                    12:30 p.m., Mo’s Seafood, 7600 Eastern Avenue 21224

                                                              Check out the Solo & Small Firm Blog:

THE ADVOCATE                                       Page 25                                   July/August 2012
  COMMITTEE REPORTS                                              LAW DAY PHOTOS

            Chair, Thomas H. Bostwick                         Look for the Law
                                                              Day Breakfast and
                                                               Noon Ceremony
Wednesday, July 25, 2012. 5 p.m., Country                     articles in the next
Club of Maryland. Doing More With Less. Speaker:                  issue of The
Daniel C. Gundersen, Director, Baltimore County                    Advocate.
Department of Economic Development. Flyer
included in this issue.
                                                                                              Benjamin Rosenberg

            Chair, C. William Clark

Check out, our new
social media website just for attorneys! GROW your
business through the internet! See how your
colleagues are marketing their legal services!                   Scott Shellenberger and Judge Barbara Howe

Lifetime memberships available. Call Doris for
more information (410-337-9103).

Wednesday, July 11, 2012, noon. This will be a
“virtual” meeting via Please let
Tim Faith ( know if you are able to
“attend.” Planning Meeting of 2012-13 programs. If
you are not able to attend, please submit any program
suggestions to Chairman Bud Clark.
                                                                             Baltimore County Police Honor Guard

            Chair, Jonathan M. Herbst

Thursday, August 16, 2012, 5:00 p.m., Grand
Jury Room, First Floor, County Courts Building,
Towson. Planning Meeting of 2012-13 programs. If
you are not able to attend, please submit any program             Edward J. Gilliss
suggestions to Chairman Jon Herbst.                                                           Dominick A. Garcia &
                                                                                               Suzanne K. Farace

THE ADVOCATE                                        Page 26                                      July/August 2012
 At the BCBA, there is
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 April 21-28, 2013, Cruise to the Bahamas from Baltimore

THE ADVOCATE                                               Page 27   July/August 2012
                                  CRIMINAL LAW UPDATE
                                                  by Robert C. Lidston

The June Amicus provides two Court of Appeals and           all of the elements of one offense are present in the
one Court of Special Appeals decision which may be          other, and where both offenses are based on the same
of interest to practitioners.                               act. If there is factual ambiguity about the underlying
                                                            basis for a conviction, the ambiguity is resolved in
Nicolas v. State, No. 88, September Term 2011, filed
                                                            favor of the defendant. Resisting arrest and second
May 8, 2012 (opinion by Greene, J.)
                                                            degree assault as a battery merge under the required
A 911 call brought police officers to the Nicolas           evidence test. It was ambiguous from the record
home. As a result of an encounter between Nicolas           whether the jury found Nicolas guilty of both counts
and the officers, he was charged with three counts of       of second degree assault based on events that were an
resisting arrest and three counts of second degree          integral part of the resisting arrest conviction or
assault. At trial the State provided evidence to the        whether the underlying factual basis for the second
jury of the events surrounding the assaults and the         degree assault convictions were separate and distinct
resisting arrest. Nicolas testified to a very different     from those supporting the resisting arrest conviction.
version. The jury found him guilty of one count of          Resolving the ambiguity in Nicolas’s favor, the Court
resisting arrest and two counts of second degree            held that the trial court should have merged the second
assault.                                                    degree assault convictions into the resisting arrest
After the verdict and the jury’s discharge, four            conviction.
relevant notes were found in the court file. Three of       Maryland Rule 4-326(d) governs communications
the jury notes bore a date and time, the trial judge’s      between the trial judge and the jury. It is triggered
signature and a handwritten response. The trial             when the judge receives a communication from a jury
record showed discussions among the judge and trial         before a verdict is rendered. Under the Rule, receipt by
counsel about each of these three notes. A fourth           the court occurs when the judge or a member of the
note inquired whether assault covered a situation           court staff receives a note. There is a rebuttable
where physical contact was made in self defense.            presumption of regularity in trial court proceedings.
That note had no date, no time stamp and no                 An appellant has the burden of producing information
response. There was nothing in the trial record about       from the record supporting a rebuttal of the
the fourth note. Appellate counsel for Nicolas              presumption of regularity. The fourth note had been
contacted his trial counsel and the judge. Both             found in the record after the jury was discharged. It
indicated they had no recollection of the fourth note.      was unexplained and unmarked. Nicolas failed to
The judge said that the usual practice upon receiving       show that the note was actually received by the trial
a jury communication is to give a copy to counsel, to       judge before the jury rendered its verdict.
meet with counsel on the record and to provide a
                                                            Black v. State, No. 73, September Term 2011, filed
response to the jury on the note itself.
                                                            May 3, 2012 (opinion by Greene, J.)
Nicolas appealed to the Court of Special Appeals
                                                            The jury trial resulted in Black’s conviction of one
which affirmed his conviction, holding that the
                                                            count of child sexual abuse, two counts of second
judge made no error in declining to merge
                                                            degree sex offense and two counts of third degree sex
convictions for second degree assault with the
                                                            offense. After rendition of the verdict, five relevant
resisting arrest conviction. It also held that the fourth
                                                            notes were found in the court file. Three of these notes
note had not been received by the trial court within
                                                            included date and time stamps and a response from the
the meaning of Maryland Rule 4-326(d).
                                                            judge. The trial record showed a discussion between
The Court of Appeals affirmed in part and reversed          the judge and counsel about responses to these notes.
in part. The proper test for determining whether two        The fourth note, at issue in this matter, was written on
offenses merge for double jeopardy purposes is the          loose-leaf paper and sought advice about the
required evidence test. Merger occurs when only one         deliberation process: "We agree on two out of the five,
offense requires proof of an additional fact, so that       but have not come to an agreement on the other three...

THE ADVOCATE                                           Page 28                                   July/August 2012
                                 CRIMINAL LAW UPDATE
                                               Continued from page 28

do you have suggestions on how to proceed?" This            Warren appealed his conviction, contending that the
note was signed by juror number one, but had no             trial court erred in denying his motion to suppress.
date or time stamp and no response from the judge.          He also contended that he was deprived of the right
There was nothing in the record indicating any              to a fair trial by the admission of incorrect testimony
response to this note.                                      that was later corrected by a stipulation, thus
Black’s appellate attorney obtained affidavits from         allowing the prosecutor to cross-examine him about
trial counsel and the trial judge about this fourth         the invocation of his right to remain silent. He also
note. All counsel indicated no recollection of the          contended that the prosecutor made improper
note and the trial judge said he had never received it.     remarks during closing and rebuttal arguments.
The trial judge added that his usual practice with          The Court of Special Appeals affirmed the
such notes was to indicate the date and time it was         conviction. The question whether a confession was
received, to discuss the note on the record with            made voluntarily is a mixed question of law and fact
counsel, and to provide an answer to the jury on the        to be reviewed de novo. To demonstrate a waiver of
note itself. He said that if he had received note four,     Miranda rights, the prosecution must show by a
he would have followed this procedure. The Court of                                 Continued on page 30 ...
Special Appeals affirmed the trial court’s judgment.
The Court of Appeals affirmed. Maryland Rule 4-
326(d) is in effect when a note is received by the
court from the jury. This must occur before a verdict
is rendered. Receipt may be by the judge or a
member of the court staff. There is a presumption of
regularity in court proceedings and it is the
obligation of the appellant to overcome this
presumption. As in Nicolas, Black failed to show
from the record that the note had been received by
the court and thus the presumption of regularity was
not rebutted.
Warren v. State, No. 1996, September Term 2009,
filed May 2, 2012 (opinion by Watts, J.)
Warren was convicted of felony first degree murder
and related charges. Before trial, he had moved to
suppress statements he made to the police. His
motion was denied because the court found that he
had voluntarily, knowingly and intelligently waived
his Miranda rights. At trial, the victim’s mother
testified that she recognized Warren before his first
trial. Both sides agreed that the witness was
confused and the court later read a stipulation to the
jury that it was not until the day after the jury trial
started in the first trial that the witness said for the
first time that she would be able to identify Warren
as involved in criminal acts. At trial, the State cross-
examined Warren about prior statements to other

THE ADVOCATE                                          Page 29                                   July/August 2012
                 Continued from page 29

preponderance of the evidence that the defendant
knowingly and intelligently waived his privilege
against self incrimination and his right to counsel.
This determination is reviewed considering the
totality of the circumstances. An uncoerced statement
made right after the warning shows an implied waiver
of the right to remain silent.
Maryland Rule 5-616(a)(1) provides: "The credibility
of a witness may be attacked through questions asked
of the witness, including questions that are directed at
proving under Rule 5-613 that the witness has made
statements that are inconsistent with the witness’s
present testimony." In such a situation, the State is not
required to call a third party as a witness at trial.
Witnesses may not be cross-examined concerning
prior inconsistent statements of others, but may be
cross-examined as to their own alleged prior
inconsistent statements. Where a witness testifies
inconsistently with previously given testimony, and
the trial judge immediately provides the jury with a
stipulation entered into by both parties correcting the
testimony, a defendant’s claim that the State obtained
a conviction by the use of false evidence is meritless.
A prosecutor’s questions do not constitute an
impermissible reference to appellant’s right to remain
silent when the individual fails to establish that the
questions occurred after the defendant requested an
attorney or that in response to the questions, the
individual invoked the right to remain silent.
The regulation of argument rests within the sound
discretion of the trial judge. When assessing whether
there was reversible error because of improper
statements made during closing arguments, the
appellate court may consider several factors,
including the severity of the remarks, the measures
taken to cure any potential prejudice and the weight
of the evidence against the accused. The prejudicial
effect may be diminished by jury instructions, the
number of witnesses and the overall weight of the
evidence against the appellant. In the Warren matter,
the judge had not abused the court’s discretion.

THE ADVOCATE                                          Page 30   July/August 2012
    When you contact an advertiser, please let them know where you saw their ad. Thank you.
                                        INDEX OF ADVERTISERS
Advertiser                             Contact Number              Website/Email                       Page

Bayview Limousine                      410-574-2491                  9
Completely E Legal 2                   443-465-2950                  1
Dugan, Babij, Tolley, LLC              410-308-1600                        30
Nicholas J. Del Pizzo III              800-BANKRUPT                        10
Judge Robert N. Dugan                  410-247-9372                                                    11
Richard B. Edelman                     800-257-8626                 32
Fidelity Investigations & Consulting   410-667-1117                          29
Frank, Frank & Scherr, LLC             410-337-8900                     21
Gore Brothers Reporting 1              410-837-3027                      8
ICS Insurance, Inc.                    410-517-3925                     9
Lawyers Assistance Program             410-583-6969                          19
Legal Images of Baltimore, LLC1        410-727-0505            31
Loews Annapolis Hotel                  800-235-6397                                                    21
Judge Dana M. Levitz                   410-456-4436                                                    4
Randy K. Mackubin, Court Reporting     410-790-1408                      4
McCammon Group                         888-343-0922                     2
Michael J. Moran, Esquire              410-687-8494                     19
MPD Legal Services                     410-409-7168                    4
Multi-Specialty Healthcare 2           888-807-2778                   27
Next Level Technology 2                410-453-5500                           10
Matt M. Paavola                        410-574-8000             20
Passport Title Services, LLC           240-542-1920                 5
Susquehanna Wealth Management          410-316-0239             27

       1                                     2                            3
           Annual Platinum Sponsor               Annual Gold Sponsor          Annual Silver Sponsor
THE ADVOCATE                                         Page 31                                 July/August 2012
The Baltimore County Bar Association                                                              PRESORT STANDARD
                                                                                                   U.S. POSTAGE
The ADVOCATE                                                                                             PAID
                                                                                                   Permit No. 1262
100 County Courts Building
401 Bosley Avenue                                                                                   Baltimore, MD
Towson, MD 21204-4491

       Published monthly by the                                              OFFICE SPACE AVAILABLE
   Baltimore County Bar Association
         VOLUME XXI, NO. 11                                                  Towson. One, two or three offices
           July/August 2012                                                  available in 1st Class Space directly
                                                                             across from District court. Parking,
   FLYERS INSIDE                                                             receptionist, conference rooms, phones,
                                                                             copier, fax all available. 410-821-6800.
                                                                             Towson. Overlooking Old Courthouse
                                                                             lawn, located in PNC Bank Building.
            July 25                                                          Suite includes fax, library, Westlaw
      Doing More With Less                                                   online, conference room, internet,
                                                                             copier, receptionist, secretarial services
          September 13                                                       if desired. Call 410-337-3755.
   Karsenty v. Shoukron and the                                              Hunt Valley. Executive Plaza. Two
                                                                             exterior/one interior office. Includes
          Spousal Share                                                      receptionist, conference room, copier,
                                                                             shredder service, small kitchen, free
                                                                             parking, wireless internet. Contact
                                                                    or 410-
                                                                             Parkville. One or two offices in 2nd
                                                                             floor of building across street from
                                                                             shopping center on Harford Road;
                                                                             separate entrance; free parking. Inc use
                                            BCBA Membership                  of phones, internet, utilities and
                                             Directory is in the             conference room. Referral work for
                                           Members Only Area of              firm that handles bankruptcy, family
                                                                             law, trusts and estates. $650/mo for
                                                       both offices. Call Ed, 410-661-9440.
                                                                             Towson. Offices and 5 parking spaces
                                                                             for rent. 307 West Pennsylvania
                                          BAR ASSOCIATION OFFICE             Ave.nue Rent all or portion of
                                       Doris D. Barnes, Executive Director   building; powder room on each floor.
                                                                             1, 2 or 3 floors, up to 2,250 sq. ft. Rent
                                          Telephone: (410) 337-9103          negotiable.        410-615-1707         or
                                            E-Mail:           Lutherville/Timonium. Shared office
                                                                             space in commercial 1st class building
                                         Rachel Ruocco, LRIS Director        on York Road. Free parking. Lg,
                                                                             furnished office, reception area, conf
                                          Telephone: (410) 337-9102          room, internet and secretarial services,
                                           E-Mail:           if desired. $550/mo. Call Maria, 410-

THE ADVOCATE                                       Page 32                                       July/August 2012
                                   Baltimore County Bar Association
                                  STATE, LOCAL LAWS & ZONING COMMITTEE
                                                  Doing More With Less
                                          Wednesday, July 25, 2012

SPEAKER                 Daniel C. Gundersen, Director
                        Baltimore County Department of Economic Development
CHAIR                   Thomas H. Bostwick, Esquire
TIME                    5:00 p.m. (cash bar), 5:30 p.m. (dinner & program)
LOCATION                Country Club of Maryland, 1101 Stevenson Lane
COST                    BCBA Members, $45.00; Non-Members, $55.00
       Mr. Gundersen will reflect on his first year at the helm of the County’s Economic
       Development arm, and will discuss the economic vision for Baltimore County and the
       opportunities and strategic plan for economic development going forward.

MENU CHOICES (Pick One):                Grilled New York Steak
                                        Single Crab Cake
                                        Grilled Breast of Chicken over Pasta
                                        Vegetarian (Chef’s Choice)

             State, Local Laws & Zoning Committee - Doing More With Less
                               Wednesday, July 25, 2012
Name                                                     Telephone
City                                                     State                   Zip
Email                                                    Amount Enclosed

Name on C/C                                              Today’s Date
Billing Address                                          City, State, Zip
Telephone                                                Email
MC/Visa/Discover/American Express Card No.                                                Exp.
Amount authorized $              Signature                                                SEC#

REGISTER ONLINE at OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA or credit card info.
                                   Baltimore County Bar Association
                                           ESTATES & TRUSTS COMMITTEE
                                    Karsenty v. Shoukron and the Spousal Share:
                                              A Historical Perspective
                                            Thursday, September 13, 2012

SPEAKER                         Peter W. Sheehan Jr., Esquire

PROGRAM CHAIR                   Kathleen J. Masterton, Esquire

TIME                            5 p.m.

LOCATION                        Grand Jury Room, County Courts Building, Towson

COST                            BCBA Members, FREE; Non-Members, $20

 Peter W. Sheehan Jr., Esquire of Whiteford, Taylor & Preston will offer insight
 into the history of the doctrine of “fraud on marital rights” and how that history
 bears on the factors to be considered by a practitioner or court faced with a
 dispute involving the doctrine’s application to a spousal share election.

            Estates & Trusts - Karsenty v. Shoukron and the Spousal Share:
                                A Historical Perspective
                            Thursday, September 13, 2012

Name                                                     Telephone
City                                                     State                   Zip
Email                                                    Amount Enclosed
Name on C/C                                              Today’s Date
Billing Address                                          City, State, Zip
Telephone                                                Email
MC/Visa/Discover/American Express Card No.                                                Exp.
Amount authorized $              Signature                                                SEC#

REGISTER ONLINE at OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA or credit card info.

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