THE ADVOCATE 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 accordingly. THE ADVOCATE Page 2 July/August 2012 2011-12 Officers C ALENDAR OF E VENTS President Robert W. Lazzaro Pres-Elect Philip N. Tirabassi Secretary Treasurer 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. 410-790-1408 In recent years our Association has dedicated itself email@example.com 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 firstname.lastname@example.org 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 410-456-4436 THE ADVOCATE Page 4 July/August 2012 YOUNG LAWYERS - ESTATES & TRUSTS 101 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 HATS OFF TO THE ‘TOP DOGS’ OF THE FOUNDING FIRST 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 contributions. Continued on page 7 THE ADVOCATE Page 6 July/August 2012 HATS OFF TO THE ‘TOP DOGS’ OF THE FOUNDING FIRST 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 email@example.com. Joel E. Segall THE ADVOCATE Page 8 July/August 2012 Bayview Limousine For those special occasions, or a simple night out - Arrive safely and in style! 12 passenger S.U.V. 14 passenger Party Bus 10 passenger Limo Lowest Prices Around Jim Kaetzel, 410-574-2491 www.Bayviewlimo.net Mention you saw this ad in The Advocate to receive a free bottle of wine! 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 FUTURE BCBA LEADERSHIP LUNCH 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 www.msba.org. 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 www.leadershipbaltimorecounty.net. 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. JUDGE ROBERT N. DUGAN, Retired Former Associate Judge, Circuit Court for Baltimore County Now Available for: Arbitration, Mediation, Guided Settlement Discussions and Case Evaluations 410-247-9372 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 HISTORICAL COMMITTEE MYSTERY SOLVED 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. scores. 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 Healthcare. 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 FAMILY LAW 101- BASICS FOR THE NEW PRACTITIONER 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, firstname.lastname@example.org, 410-2800, or Deborah L. Webb, Esquire, email@example.com, 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 CONTESTED CUSTODY CASES IN MARYLAND: The Guidelines of Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access AN ALL-DAY PROGRAM PROVIDED FREE OF CHARGE BY THE DEPARTMENT OF FAMILY ADMINISTRATION October 31, 2012 in Annapolis, Maryland This program will provide strategies for improving child representation, best practices for child coun- sel, 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. ATTENDANCE IS LIMITED - PLEASE ENROLL EARLY TO AVOID DISAPPOINTMENT! Registration and additional information is available online at: http://childcounsel.eventbrite.com/ 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 Congratulations 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. Email firstname.lastname@example.org 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- www.baltimorecountycouncil.org 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 “...one 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 ATTORNEYS 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 COUNTY COUNCIL UPDATE 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 email@example.com The General Practice of Law Civil, Criminal & Administrative Appeals THE ADVOCATE Page 19 July/August 2012 NOTES FROM THE BALTIMORE COUNTY 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 www.baltimorecountymd.gov/go/lawlibrary. 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) 410-574-8000 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 L EGAL P OSITION A VAILABLE 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 firstname.lastname@example.org. THE ADVOCATE Page 21 July/August 2012 COMMITTEE REPORTS ADR COMMITTEE CLE COMMITTEE Chair, Thomas J. Dolina Chair, Mary Cina Chalawsky 410-823-1250; email@example.com 410-821-1000; firstname.lastname@example.org 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. ADVOCATE COMMITTEE Co-Chair, Catherine F. Woods 410-825-4888; email@example.com Co-Chair, Matthew P. Woods CONSTITUTION & BYLAWS COMMITTEE 410-832-8010; firstname.lastname@example.org Chair, Stanford G. Gann, Jr. 410-321-0600; email@example.com 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 410-296-5960; firstname.lastname@example.org 410-296-0770; email@example.com 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; firstname.lastname@example.org 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; email@example.com 410-583-2400; firstname.lastname@example.org 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; email@example.com 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 (www.bcba.org), Attorney Resources, Lawyer Referral Information Service. FAMILY LAW COMMITTEE Chair, Richard Grason VI Monday, July 16, 2012, 4:30 p.m., Grand Jury 410-296-8655; firstname.lastname@example.org 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; email@example.com 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, www.bcba.org. Kelly B. Burke Jaime A. Cheret HISTORICAL COMMITTEE Diana B. Denrich Chair, John A. Austin Arnette Dorsey 410-821-9632; firstname.lastname@example.org 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 email@example.com for more information. THE ADVOCATE Page 23 July/August 2012 COMMITTEE REPORTS LAWYERS ASSISTANCE COMMITTEE MEMORIAL & RECOGNITION COMMITTEE Chair, Jay D. Miller Chair, Glen D. Lazzaro 410-583-6969; firstname.lastname@example.org 410-296-9096; email@example.com 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 firstname.lastname@example.org) of any member’s passing. See page 15 for contact information, or email The following members will be honored at the email@example.com. 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; firstname.lastname@example.org p.m. in Ceremonial Courtroom Five in the Old Courthouse, 2nd Floor, 400 Washington Avenue. No meetings are currently scheduled for this Committee. NEGLIGENCE, INSURANCE & WC COMM. Chair, Joan I. Harris MEMBERSHIP COMMITTEE 443-353-2309; email@example.com Chair, David F. Luby 443-540-8288; firstname.lastname@example.org 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, www.completelyelegal.com Towson. 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; email@example.com 443-901-0800; firstname.lastname@example.org 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; email@example.com 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; firstname.lastname@example.org 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, 410-337-5535; email@example.com 340 Main Street, Reisterstown 21136 Contact: Diana Denrich, 410-833-1008 or Monday, July 13, 2012, 4:30 p.m., Grand Jury firstname.lastname@example.org 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: http:// baltimorecountysmallandsoloatty.wordpress.com/ THE ADVOCATE Page 25 July/August 2012 COMMITTEE REPORTS LAW DAY PHOTOS STATE, LOCAL LAWS & ZONING COMMITTEE Chair, Thomas H. Bostwick Look for the Law 410-887-3197; email@example.com 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 TECHNOLOGY COMMITTEE Chair, C. William Clark 410-823-7800; firstname.lastname@example.org Check out www.CompletelyELegal.com, 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 www.gotomeeting.com. Please let Tim Faith (email@example.com) 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 YOUNG LAWYERS COMMITTEE Chair, Jonathan M. Herbst 410-823-1800; firstname.lastname@example.org 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 Something for Everyone Crab Feast, October 3, 2012 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 people. THE ADVOCATE Page 29 July/August 2012 CRIMINAL LAW UPDATE 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 www.bayviewlimousine.net 9 Completely E Legal 2 443-465-2950 www.completelyelegal.com 1 Dugan, Babij, Tolley, LLC 410-308-1600 www.medicalneg.com 30 Nicholas J. Del Pizzo III 800-BANKRUPT email@example.com 10 Judge Robert N. Dugan 410-247-9372 11 Richard B. Edelman 800-257-8626 www.economic-analysis.com 32 Fidelity Investigations & Consulting 410-667-1117 www.mdsleuth.com 29 Frank, Frank & Scherr, LLC 410-337-8900 www.frankelderlaw.com 21 Gore Brothers Reporting 1 410-837-3027 www.gorebrothers.com 8 ICS Insurance, Inc. 410-517-3925 www.ics-insurance.com 9 Lawyers Assistance Program 410-583-6969 firstname.lastname@example.org 19 Legal Images of Baltimore, LLC1 410-727-0505 www.legalimagesofbaltimore.com 31 Loews Annapolis Hotel 800-235-6397 21 Judge Dana M. Levitz 410-456-4436 4 Randy K. Mackubin, Court Reporting 410-790-1408 email@example.com 4 McCammon Group 888-343-0922 www.mccammongroup.com 2 Michael J. Moran, Esquire 410-687-8494 firstname.lastname@example.org 19 MPD Legal Services 410-409-7168 email@example.com 4 Multi-Specialty Healthcare 2 888-807-2778 www.multi-specialty.com 27 Next Level Technology 2 410-453-5500 www.nl-tech.com 10 Matt M. Paavola 410-574-8000 firstname.lastname@example.org 20 Passport Title Services, LLC 240-542-1920 email@example.com 5 Susquehanna Wealth Management 410-316-0239 firstname.lastname@example.org 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 email@example.com or 410- 771-5668. 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 www.bcba.org 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 firstname.lastname@example.org E-Mail: email@example.com 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: firstname.lastname@example.org if desired. $550/mo. Call Maria, 410- 529-0050. Website: http:www.bcba.org 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 DEADLINE TO REGISTER IS FRIDAY, JULY 20TH - NO EXCEPTIONS 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 Address 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 www.bcba.org 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 Address 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 www.bcba.org 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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