Voice of The Baltimore County Bar Association by yqs46995

VIEWS: 206 PAGES: 32

           Voice of The Baltimore County Bar Association
Vol. XVI, No. 10                       Guest Editor: Kathy M. Blue                                           May 2007

                       PRESIDENT’S MESSAGE
                       by Debra G. Schubert

As I write my article this second           matters! Even though I am
week of April, it is 29 degrees at          oftentimes "swamped" with work I
night and not much better during            will close the books, hang up the
the day (we broke the record set in         phone, and take that trail ride in
1916)! Thankfully, I was too busy           the park, weekend trip with my
to plant the spring flowers I               high school buddy or volunteer for
recently purchased and they are             my local animal rescue. Work will
still nestled safely under my porch.        always be there. How many times
I'm an avid gardener and can't wait         have you said, "One day …?"
to get my flowers and veggies in            Don't let the passing of a dear one
the ground!                                 be your motivation like it has been
                                            for me. It's time to get out there               FLYERS INSIDE
Despite the weather, Spring is here         and improve your quality of life!
                                                                                    LEGISLATIVE UPDATE WITH GRACE G.
and it is a time for "new                                                         CONNOLLY, BALTIMORE COUNTY REGISTER
beginnings!" Whether you are still          Thanks to all of you who                             OF WILLS
procrastinating with that New               participated in our wonderful Law                  MAY 8, 2007
Year's resolution to diet or, more          Day celebration! A special thanks
                                                                                     MEET THE NEW WC COMMISSIONERS
importantly, to exercise, or you are        to Adam Sampson and the Law
                                                                                               MAY 9, 2007
lagging behind in efforts to spend          Day Committee for all of their
more time with family and friends,          hard work! Congratulations to         FORECLOSURE DEEDS, SETTLEMENT SHEETS &
it's time to get motivated! I can't         Judge DeWaters on the well-                       ACCOUNTINGS
reiterate enough how important it is        deserved, and long overdue                        MAY 10, 2007
to make the extra effort to get out         distinction of receiving the annual
                                                                                   LUNCH WITH SCOTT D. SHELLENBERGER,
of the office and remember what             LAW DAY AWARD.             And, of     BALTIMORE COUNTY STATE’S ATTORNEY
life is really all about. My father         course, congratulations to Dana                   MAY 11, 2007
gave me a wonderful compliment a            Williams, who was bestowed the
few years back when he said I               coveted J UDITH P. R ITCHEY                    FAMILY LAW FORUM &
discovered in my late thirties what         AWARD. Both of these men are                      HAPPY HOUR
                                                                                              MAY 23, 2007
it took him in his fifties to figure        very deserving of these awards.
out - yes, my career is important                                                    GOLF OUTING @ PINEY BRANCH GC
but it is the quality of life that really                                                     JUNE 4, 2007

Inside       Calendar of Events      Pg 3      Family Law Dinner      Pg 7         PERSPECTIVES OF THE ORPHANS’ COURT
             Civil Law Update Pg s 10 & 21     MSBA BOG Report        Pg 19                    JUNE 5, 2007
This         Court Notices           Pg 9      Meet Master Farmer     Pg 8
                                                                                      STATED MEETING & HAPPY HOUR
Edition      County Council Update Pg 9        Member News            Pg 12
                                                                                              JUNE 28, 2007
             Criminal Law Update     Pg 15     Professional Lawyer    Pg 4
                                                                      PRO BONO COMMITTEE
   Executive Director’s Message
                                                                     SPECIAL EDUCATION
                    Please remember to complete and                  DISCIPLINE TRAINING
                    return the Committee Preference
                    Sheet to the Bar Office, or you
                    will not be included in any mail/                          WEDNESDAY, JUNE 27, 2007
                    email directed to a specific                                   Circuit Court for
                    committee.       Just like our                                Baltimore County
                    professional ball players, you                                Grand Jury Room
                    must re-sign every year!

Speaking of ball players, we need a few! Since
Brian, Melvin, Kevin, Miguel and their teammates            5:30 P.M.            Light dinner available
are not available, if you play softball, or just want to    6:00 - 8:00 P.M.     Training Program
have a great time, please contact Dave Luby (410-
823-1800 or dluby@rmmr.com) to let him know you             WELCOMING REMARKS by the
are willing (and somewhat able) to play in Judge                Hon. Vicki Ballou-Watts
Sothoron’s annual softball tournament to benefit
Camp Friendship on Saturday, August 18th. It is a           SPEAKERS             Lauren B. Kallins, Esq.
very worthwhile cause, and FREE to all who attend.                               Carl R. Gold, Esq.
Families welcome. We play a couple games of
                                                                                 Maureen van Stone, Esq.
softball (after all, it is a tournament!), and picnic on
great food and beverages (soft drinks available as
well as beer). Our sponsors are very generous with          In return for attending this FREE program, you
give-away items for all players (this means more free       agree to accept one pro bono special education
stuff)!! We hope that David Silverberg will join us as      discipline case per year, for two years. The
honorary coach since he is not able to play this year.      case will be in Baltimore County, unless you
                                                            agree otherwise. You will be assigned a Special
As the weather starts to get warmer (soon, I hope),         Education Law Mentor to assist you in the
please remember the Family Crisis Center of                 handling of these matters.
Baltimore County when you are cleaning out your
closets in search of those summer clothes. Summer
clothing for women, children, boys and teens is
desperately needed. Donations can be dropped off
at the Bar Office, or call me for pick up. If you
provide an itemized list with values, tax receipts will
be provided directly to you from FCC. How much
easier could we make it? And, also, FCC is always in
need of other donations: non-perishable food items,
linens, towels, books, games, over-the-counter
medicines (unopened), and, of course, good ‘ol
fashioned cash.        Your generosity is greatly
appreciated.                                                                   Remember, handouts are
                                                                               now available via email.
I look forward to seeing many of you at the Annual                             Just let us know that you
Golf Outing on June 4th at Piney Branch Golf Club,                             would like them emailed to
this year open to anyone (yes, that means non-                                 you (doris@bcba.org).
lawyers) and selling out quickly.        Get your
registrations in now!
                               Doris Barnes

THE ADVOCATE                                           Page 2                                     MAY 2007
          2006-07 BCBA                                                        VtÄxÇwtÜ Éy XäxÇàá
 President            Debra G. Schubert
                        Alan R.L. Bussard
                      Dana O. Williams
                       C. William Clark
           BCBA                                   1    Law Day Breakfast, 7:30 a.m. - Holiday Inn Select, Timonium
      Executive Council                           1    Law Day Noon Ceremonies, 12 noon - Ceremonial Courtroom No. 5
          Alexander Wright, Jr.                   3    Technology Committee Meeting, 5:00 P.M. - Levin & Gann, 502 Washington Ave, #800
            Edward J. Gilliss
           Robert W. Lazzaro
           Philip N. Tirabassi
                                                  8    Executive Council Meeting, 8:00 a.m. - Zoning Commissioner’s Hearing Room
          Anne Talbot Brennan
           T. Wray McCurdy                        8    Estates & Trusts Program: Legislative Update with Grace G. Connolly, Baltimore County
  Dominick A. Garcia, I mmediate Past President
   Rebecca A. Fleming, Young Lawyers Chair                Register of Wills, 5:00 P.M. - Grand Jury Room ☺
                                                  9    NI&WC CLE: Meet The New Workers’ Compensation Commissioners, 8:00 a.m. - Check-
                                                          in at the Bar Office for Location ☺
       Committee Chairs
 ADR Committee                                    9    Professionalism Committee Meeting, 5:15 P.M. - Grand Jury Room
 Melissa D. Gray
 Advocate                                         10   Bench/Bar Committee, 8:00 a.m. - Room 363
 Francis X. Borgerding, Jr.
 Bench/Bar Committee
 Stanford G. Gann, Jr.
                                                  10   Land Records Brown Bag Lunch: Foreclosure Deeds, 12 noon - Grand Jury Room ☺
 Constitution & Bylaws Committee
 Edwin G. Fee, Jr.
                                                  11   Criminal Law Committee, Lunch with Scott Shellenberger, Baltimore County State’s
 CLE Committee                                            Attorney, 12 noon - Razorbacks Raw Bar & Grill ☺
 Larry J. Feldman
 Criminal Law Committee                           15   Solo & Small Firm Committee Lunch, 12 noon - Greene Turtle Restaurant, Towson
 Andrew I. Alperstein
 Entertainment Committee                          15   Pro Bono Committee Meeting, 4:30 P.M. - Whiteford, Taylor & Preston’s Towson Office
 Howard Sigler
 Estates & Trusts Committee                       23   Family Law Dinner: Forum (Circuit Court for Baltimore County, Courtroom 2)
 George S. Ingalls

 Family Law Committee                                  and Happy Hour at An Poitin Stil), 4:30 P.M. ☺
 Caroline A. Griffin
 Fee Arbitration Committee                        28   COURTS AND BAR OFFICE CLOSED IN OBSERVANCE OF MEMORIAL DAY
 Stacy L. Siegel

 Historical Committee
 John B. Gontrum
 Land Records Office
 Douglas L. Burgess                               ]âÇx
 Law Day Committee
 Adam T. Sampson
 Lawyer Assistance Committee
                                                  4    Annual Golf Outing, 11:30 a.m. lunch; 1:00 P.M. Shotgun Start - Piney Branch GC ☺
 Joseph Murtha

 Lawyer Referral Committee
                                                  5    Estates & Trusts Program: Perspectives of the Orphans’ Court with Honorable
 William A. Stavros
 Long Range Planning Committee                         Colleen Cavanaugh, Chief Judge, 5:00 P.M. - Grand Jury Room ☺
 Alan R. L. Bussard

 Membership & Admissions                          7    Bench/Bar Committee, 8:00 a.m. - Room 363
 Hon. Vicki Ballou-Watts
                                                  12   Executive Council Meeting, 8:00 a.m. - Zoning Commissioner’s Hearing Room
 Memorial & Recognition Committee
 Jennifer Aist                                    13-16 MSBA Joint Bench/Bar Convention, Ocean City, Maryland
 Negligence, Insurance and Worker's
 Compensation Committee                           19   Solo & Small Firm Committee Lunch, 12 noon - Greene Turtle Restaurant, Towson
 Sharon A. Christie
 Pro Bono Committee                               19   Pro Bono Committee Meeting, 4:30 P.M., Whiteford, Taylor & Preston’s Towson Office
 Daniel V. Schmitt

 Professionalism Committee
 Stanford G. Gann, Jr.
                                                  27   Special Education Training, 6:00 - 8:00 P.M., Grand Jury Room ☺
 Public Awareness & Speakers                      28   Stated Meeting, 4:30 P.M., Ceremonial Courtroom No. 5
 Christine S. Britton
                                                          Reception immediately following Stated Meeting
 Solo & Small Firm Committee
 Daniel M. Twomey
 State & Local Laws/Zoning
 David Cole
 Technology Committee                                                       ☺ Flyer included in this issue.
 Stanford G. Gann, Jr.
 Young Lawyers Committee
 Rebecca A. Fleming

THE ADVOCATE                                                         Page 3                                                    MAY 2007
                                            THE PROFESSIONAL LAWYER
                                      Be Thy Brother’s (and Sister’s) Keeper
                                                      by Keith R. Truffer

Example: Lawyers Cain and Abel oppose one another in a District Court contract case. On the days leading up
to trial, Cain and Abel speak regularly concerning stipulations, exhibits and the anticipated conduct of the trial.
On the day of trial, Abel and his clients are unexpectedly late for Court. The Court calls the case and Cain faces
the prospect of obtaining a favorable default judgment in Abel’s absence. Instead, Cain explains to the Court
that he has spoken to Lawyer Abel and expects him to arrive shortly. The Court briefly holds the case until a
grateful Abel arrives and has the opportunity to put on a defense.

                              Baltimore County Bar Association Code of Professionalism

CIVILITY: I shall (1) conduct myself in a manner that enhances the public perception of lawyers; (2) strive to
exemplify and promote the highest ideals of the legal profession; (3) be courteous in all professional relations, and
(4) encourage courteous behavior in others.

Comment: A cheap win is no win at all. Taking advantage of another lawyer’s predicament never yields lasting
or satisfactory results. A default judgment obtained as a result of a lawyer’s delay in getting to court will usually
be overturned by motion or appeal and only after all parties and the Court have taken the time to prepare,
respond to and argue the motion or appeal. Take the high road at the outset, look out for the other lawyer and
permit him or her to argue the merits of the case. You may need the favor yourself someday.

Each month, the Baltimore County Bar Association Professionalism Committee will publish a short practice tip on a specific area of
the practice of law. In this way, the Committee seeks to enhance the professionalism we show the Court, our clients and each other.
Readers are encouraged to write or call with any pet gripes, concerns or questions on this subject.

THE ADVOCATE                                                 Page 4                                                 MAY 2007
                                       CLE: SPECIAL EDUCATION LAW
                                                  by April Hitzelberger

On March 21, 2007, esteemed Masters, distinguished            Another common misconception regarding the IDEA in-
Judges from the Circuit Court bench and active mem-           volves the applicable legal standard for measuring
bers of the Baltimore County Bar met to discuss an            whether the school system is in compliance with federal
overview of Special Education Law. The Honorable              requirements. Qualifying children under the IDEA are
Judge Vicki Ballou-Watts presided over the continuing         entitled to receive related services necessary to assist
legal education course as the program chair and aptly         them in making measurable progress towards achieving
summed up the need for this discussion, stating, “For         their educational goals. The appropriate legal standard is
many of us, the world of special education law is a mys-      whether the child is receiving a free, appropriate public
tery.”                                                        education, with heavy emphasis on “appropriate.” The
                                                              standard does not require that the child receive the “best”
Rochelle Eisenberg, Esq. and Lisa Settles, Esq. of Ho-        education or that the school maximize the child’s pro-
des, Pessin & Katz, P.A., were co-presenters for this         gress. The school system is merely required to make a
event. Ms. Eisenberg received the 2005 Distinguished          good faith effort to assist the child in making some level
Service Award in honor of her dedicated representation        of measurable progress.
of various school systems throughout Maryland and is
the co-author of the Maryland School of Law Desk              Those practicing in this area of the law must also become
Book. Ms. Settles previously worked as the Coordina-          familiar with the Individual Education Plan (IEP) process.
tor of Compliance for Baltimore County Public Schools         Upon referral, an IEP meeting is held between the educa-
and co-authored an Amicus Brief in Schaefer v. Weist          tional system and a parent to decide whether the child re-
discussing which party should bear the burden of proof        quires formal educational, psychological, and/or speech
in special education cases. Together, Ms. Eisenberg           and language assessment. The IEP team is comprised of
and Ms. Settles highlighted practical applications of key     those who are in the best position to know the child and
legislation in special education law and outlined the         the child’s needs, and for this reason, the Court is not a
process of developing an individual education plan for        member of the IEP team. When an evaluation is required,
qualifying students.                                          the evaluator shall meet with and assist the IEP team in
                                                              determining whether an IEP is required. An IEP should
Ms. Eisenberg began the presentation by highlighting          consider the child’s current level of academic and emo-
multiple facets of special education law that present         tional performance in developing measurable goals and
challenges for all parties involved. It is an emotional       objectives and should identify specific accommodations
process for individual families trying to meet the par-       and supplementary services needed in order for the child
ticular needs of their child, extremely costly for school     to progress developmentally. Most importantly, however,
systems to comply with federal standards, and onerous         the IEP team must realize that the IEP is not a contract
for attorneys to provide adequate representation in an        and should be revisited and adjusted regularly. Any dis-
area of the law that is constantly changing.                  putes between the parent and the school that cannot be
                                                              resolved on a local level may be addressed by requesting
The presentation quickly changed pace, clarifying sev-        a Due Process Hearing with the Maryland Office of Ad-
eral misconceptions regarding the Individuals with Dis-       ministrative Hearings.
abilities in Education Act (IDEA). The IDEA is a fed-
eral law, reauthorized in 2006, which entitles children       As the hour quickly came to a close, the presenters also
with certain qualifying disabilities to a free, appropriate   addressed the impact of legal custody on IEP decisions,
public education from all states receiving federal fund-      the role of mediation in special education law, disciplin-
ing. However, not all children with a disability speci-       ing students in special education and efforts towards
fied in the law will qualify; rather, the children must       mainstreaming or inclusion.
also need special education. For example, a child who
needs glasses in order to view the chalkboard may be          For further information, please contact either Ms.
said to have a visual impairment, which is a disability       Eisenberg or Ms. Settles who may be reached at reisen-
specified in the law. However, unless that child is also      berg@hupklegal.com or lsettles@hupklegal.com.
in need of special education, he or she will not qualify
under the IDEA.

THE ADVOCATE                                              Page 5                                           MAY 2007
                YOUR LIFE?

There is a way up and a way out — for ABSOLUTELY
CONFIDENTIAL help, call us today ...

A CONFIDENTIAL resource for Baltimore County attorneys,
               assistants and judges.

WE DO NOT KEEP RECORDS. Our sole purpose is to
provide help. We can assist with providing access to treatment
facilities and provide emergency practice management, as
well as referrals to professional counselors.

         JOE MURTHA, Chair                   410-583-6969
         HON. PHILIP N. TIRABASSI            410-512-2323
         STUART AXILBUND                     410-337-0606
         JIM BEACH                           410-828-7004
         CHRISTINE BRITTON                   410-581-2597
         MARY CHALAWSKY                      410-649-2000
         ANDY COOPER                         410-727-0360
         FRANCIS LANASA                      410-583-6969
         RICHARD LYNAS                       410-821-1099
         JAY MILLER     410-583-6969         443-271-7317
         JOSE MOLINA                         443-851-7353
         GERARD MILES                        443-589-0150
         JIM QUINN                           443-703-3041
         RICHARD VINCENT                     443-703-3040

THE ADVOCATE                                                     Page 6   MAY 2007
                            FAMILY LAW DINNER: LEGISLATIVE UPDATE
                                            by Laurie M. Wasserman

On March 29, 2007, the Family Law Committee,              were not close votes, nevertheless, they are expected
along with Masters Beck, Dawson and Gilbert,              to be back next year for consideration.
convened at the beautiful Hunt Valley Golf Club. The
attendees were updated on the status of the family law    Overall, Mr. Noren and Mr. Little reported that this
bills that were introduced to the Maryland Legislature    was a slow session in the legislature, but the Family
this session. The speakers were Marc Noren, Esq.,         Law Section Council is keeping close watch on the
and Craig Little, Esq., both members of the Maryland      “preference to joint custody” bill. They promised to
State Bar Association Family Law Section Council.         keep the Family Law Committee informed if this bill
                                                          goes up for a vote.
This session, there were some exciting bills introduced
in the legislature. Both Houses have passed a bill        Don’t forget to mark your calendars for some
which would make health insurance costs a “below the      upcoming events. The joint Family Law Committee
line deduction” for child support guidelines. If signed   Meeting with the Bar Association of Baltimore City
into law by the Governor, this change would be            will be on April 27, 2007 and the Family Law Forum
effective October 1, 2007. However, it will remain to     and Happy Hour is scheduled for May 23, 2007. The
be seen if the courts will find making health insurance   topic for the symposium is “Discovery,” and Judges
costs a “below the line” deduction amounts to a           Hennegan, Martin and Stringer are slated to appear.
“material change in circumstances” warranting a           Please contact Doris Barnes if you are interested in
modification of child support.                            attending either of these events. We hope to see you
One source of controversy this legislative session was
House Bill 1327. This bill, in essence, creates a
preference to joint custody, as it requires a judge to
first consider an award of joint legal and shared
physical custody. In effect, this bill would change the
custody case standard from “best interests of the
child” standard to a focus on the parents and
overcoming the presumption of joint custody. The bill
did not move beyond the House, but it could be re-
introduced next session.

If you want to make your opinions known on this bill,
Mr. Noren and Mr. Little suggest that you call the
bill’s sponsors and let them know your thoughts.
Additionally, copies of proposed House Bill 265
(health insurance below guidelines expense) and
House Bill 1327 (joint custody preference) are
available at the Bar Office.

There were some other noteworthy bills this session.
One bill proposed an extension to the duration of a
protective order, to last up to two years. This was a
close vote, but the bill did not move out of Committee.
Other domestic violence bills included a repeal of the
“spousal privilege” and a change to the burden of
proof to “preponderance of the evidence”. These bills

THE ADVOCATE                                         Page 7                                       MAY 2007
                                       MASTER JAMES R. FARMER
                                                by Caroline A. Griffin

The judges of the Circuit Court for Baltimore County         Railroad. The firm eventually disbanded in 2005 and
appointed James R. Farmer to be the Court’s Family           Master Farmer has since maintained a solo general practice
Division Master for Child Support Enforcement in             while sharing space with his long-time partner and
November 2006 and Master Farmer began serving on             colleague, G. Warren Mix, Esquire.            Prior to his
the bench on January 16, 2007. Master Farmer                 appointment, Master Farmer continued his broad general
presides over child support cases two and a half days        practice in the areas of criminal, domestic, civil, worker’s
per week while maintaining a solo practice, as well. He      compensation, and administrative law. The Master’s
is an industrious and seasoned litigator with broad          position was appealing to him because it presented a new
experience.                                                  and different challenge after more than thirty years in
                                                             private practice. Master Farmer terminated his domestic
Master Farmer was born and raised in Baltimore City          practice after his appointment which was one of the
and obtained his undergraduate degree                                                 requirements in accepting this
in Business Management and                                                            position.
Marketing from the University of
Baltimore.    After graduating from                                                   Master Farmer worked side by side
college, he worked as a claims adjuster                                               with Master McAllister for one
for many years for the Royal Globe                                                    month before hearing cases in
Insurance Company.        Initially, he                                               January 2007.      Master Farmer
handled automobile accidents and fire                                                 works closely with the Office of
losses and, over time, was assigned to                                                Child Support Enforcement and
products liability investigations for                                                 presides over approximately forty
General Motors where he worked                                                        (40) civil contempt hearings daily.
closely with defense counsel at Piper                                                 Master Farmer hears contested
& Marbury and Miles & Stockbridge.                                                    cases on Friday mornings and has
Through this work, Master Farmer                                                      been impressed with the quality of
developed an interest in law school                                                   the lawyers who have appeared
and attended the University of                                                        before him. Master Farmer has
Baltimore while working full-time.                                                    been most appreciative of all the
He also served eight (8) years in active duty for the        help he has received with his appointment, especially his
Maryland Army National Guard and the Maryland Air            Court Clerk, Ann Wadner, who has been more than helpful
National Guard.                                              in answering his inquiries.

After graduating from law school, Master Farmer was          Master Farmer resides in Timonium with his wife, Donna,
hired as an associate for the Law Offices of Brooks and      who is his office manager, their two children, Samantha
Turnbull where he worked for approximately three             and Danielle, and their two cocker spaniels, Riley and
years, when John Grason Turnbull II, now Judge               Shelly. Master Farmer also has a son, Christopher, another
Turnbull, decided to start his own firm and in July of       daughter, Carrie, and two grandchildren.
1977, the law firm of Turnbull, Mix and Farmer was
born. The firm, Turnbull, Mix and Farmer engaged in
the general practice of law, and handled criminal
matters, domestic matters, third party tort litigation,
zoning and liquor board cases, as well as administrative
law. The firm also served as defense counsel early on
for the UCJ Fund (Unsatisfied Claim and Judgment
Fund) which later became the Maryland Automobile
Insurance Fund. In July of 1986, the firm was retained
and served as defense counsel for the Mass Transit
Administration and handled all third party claims
against the transit buses, light rail, subway and CSX

THE ADVOCATE                                               Page 8                                            MAY 2007
        FROM THE CHAMBERS OF                                      COUNTY COUNCIL UPDATE
    HONORABLE JOHN G. TURNBULL II,                                            by Kevin Kamenetz
                                                              Councilman, Second District, Baltimore County Council
 CIRCUIT COURT FOR BALTIMORE COUNTY                        Greetings! On behalf of the Baltimore County
                                                           Council, I am grateful for the opportunity to update
                                                           our County’s Bar on the activities of our County’s
       REMINDER TO ALL ATTORNEYS                           legislative body.      Your seven member County
                                                           Council serves as the independent Legislative Branch
When you have cases that reach agreement through           of County government. The Council meets year-
Consent Orders or some other mechanism, it is              round, generally in bi-monthly Legislative Sessions
important to notify our Assignment Offices so that we      (held at night) and bi-monthly Work Sessions (held
take these cases off the Event Dockets.                    during the day). All proceedings are open to the
Unfortunately, our computers are not set up to do this     public, and the Legislative Sessions are broadcast on
automatically! You can call Pearl Burdynski’s office       BCTV (Comcast Channel 25). The Council’s web
(410-887-2661) if it is a Master’s hearing or              site at www.baltimorecountycouncil.org provides
Settlement Conference that is scheduled. If it is a        helpful information as well.
judicial hearing or trial, please call Patti Lucchesi’s
office (410-887-3497). Thank you.                          Recent events of interest include the following:

                                                           BASIC SERVICES MAPS - Article 4A of the
                                                           Baltimore County Zoning Regulations sets out the
                                                           provisions for growth management in the County.
                                                           The provisions are designed to facilitate
              BENCH/BAR CORNER                             implementation of the Master Plan with specific
                    By Wendy Zerwitz                       regard to the quantity and timing of new growth and
                                                           development.     The Basic Services Maps adopted
                                                           annually by the Council are designed to aid the
The Orphans’ Court will now sit all day, every day.        County in providing public services (water, sewer
The Judges of the Orphans’ Court will sit alone,           and transportation) in an amount which facilitates the
unless an en banc hearing is requested. When delin-        level of growth allowed by the current zoning. The
quency hearings are scheduled, filings will be ac-         Council adopted the annual map, which was prepared
cepted as late as that morning. Funeral expenses           by the appropriate Executive branch agencies and
should be filed early; if filed later it may hold up the   recommended by the Planning Board.
                                                           LANDMARKS PRESERVATION - The Council is
In the Circuit Court for Baltimore City, the Honorable     undergoing a review of the present Landmark
Brooke Murdock will handle all criminal discovery          process due to a ruling that provided protection for
disputes. When Motions are filed with the criminal         structures previously nominated for the Maryland
clerk, a copy should also be delivered to her cham-        Historical Trust’s Maryland Inventory of Historic
bers. Hearings will be scheduled on Friday afternoon,      Places (MIHP). The conflict arose as the MIHP list
between 2:00 - 5:00 p.m., following the time to file a     is not otherwise subject to Council oversight and
response.                                                  review.

We welcome comments or concerns by our fellow              BOARD OF APPEALS - The Council confirmed
members for whom we serve. Comments, concerns or           the reappointments of Lawrence Stahl, Esquire and
issues which you believe are of general interest to fel-   Lawrence Wescott, Esquire to the Board of Appeals,
low members may be directed to Stanford Gann, Jr., at      representing the Second and Third Districts,

THE ADVOCATE                                         Page 9                                             MAY 2007
                                          Civil Law Update
                                                    by Cecilia B. Paizs

Review of the March 2007, Amicus Curiam, the                    if the severance matter was not resolved by a certain date, he
following cases were of interest:                               acted within his rights to enforce the judgment against the
                                                                corporation, and it was not a continuing breach of fiduciary
THE COURT OF APPEALS:                                           duty for him to refuse to relinquish voluntarily the
                                                                garnishment, as the mere fact that Gurland was a director
Storetrax.com v. Joshua Gurland, No. 40, September              does not impose upon him a legal duty to acquiesce to the
Term, 2006, filed February 6, 2007. Opinion by Harrell,         demands of the corporation which are adverse to his
Dale, Jr. Judge                                                 individual financial interests.

Joshua Gurland was a member of the board of directors           Garg v. Garg, No. 97, September Term, 2005, filed June 8,
of Storetrax.com and an officer of the corporation. The         2006. Opinion by Wilner, Alan Judge
corporation terminated Gurland, and after attempts to
settle the severance issue, Gurland sent a letter stating       Mother filed a complaint for limited divorce in circuit court
that if the severance pay matter had not been resolved by       seeking custody of the minor child, spousal and child
a certain date, he intended to file a lawsuit. The matter       support, and certain ancillary relief. Father moved to
was not resolved by the date and Gurland filed. The             dismiss the complaint as proceedings were already pending
resident agent for the corporation was properly served,         in a court in Indore, India. The circuit court dismissed the
but failed to timely turn over the summons, complaint           entire action The Court of Special Appeals vacated the
and motion for summary judgment to the corporation.             judgment and remanded the case for further proceedings,
When the corporation failed to respond, the summary             concluding that 1) even if the Maryland court should not
judgment was granted and Gurland subsequently                   exercise jurisdiction over the custody dispute, it had subject
garnished the corporation’s bank account.            The        matter jurisdiction over the divorce action, 2) the circuit
corporation sought to reopen the breach of contract             court erred in deferring a request by the father to appoint an
action and filed a complaint alleging breach of fiduciary       attorney for the child pending the resolution of the
duty by Gurland, claiming that he never directly and            jurisdictional issue, and 3) revisiting the jurisdictional issue
personally advised the corporation of the existence of          on remand, the trial court was to apply the newly enacted
the lawsuit, pursued the judgment through default,              Uniform Child Custody Jurisdiction and Enforcement Act
attached the corporate bank account and opposed the             (UCCJEA) rather than the Uniform Child Custody
attempts of the corporation to set aside the judgment.          Jurisdiction Act (UCCJA) that was in effect at the time the
The trial court held in favor of Gurland, and the Court of      complaint was filed.
Special Appeals affirmed.
                                                                The Court of Appeals reversed, holding that the Court of
The Court of Appeals affirmed, finding situations arise         Special Appeals erred in holding that the newly enacted
under which a corporate director, despite the                   UCCJEA applied in lieu of the UCCJA, as the UCCJEA
requirement that a director adhere strictly to his or her       took effect October 1, 2004, and applies only to cases filed
fiduciary duties, may proceed with an individual plan of        after that date. The trial court may properly decline
action even though the director’s interests conflict with       jurisdiction in a custody dispute under the UCCJA when
those of the corporation. In such cases, a director may         proceedings are ongoing in another jurisdiction. Further, the
find “safe harbor” by disclosing to the corporation the         Court of Special Appeals erred in holding that the circuit
conflict of interest and pertinent facts surrounding the        court was required as a matter of law to appoint counsel for
conflict so that a majority of the remaining shareholders       the child prior to a hearing on the jurisdictional issues.
or directors may take action to protect the corporations’       Under FL section 1-202, a court may appoint counsel to
financial interest. There are no general rules of law           represent a minor child at the discretion of the trial court,
grounded on a director’s fiduciary relationship with a          reviewable under an abuse of discretion standard. In this
corporation forbidding a director from becoming a               case, the motion was never formally denied, father did not
creditor of the corporation nor otherwise enforcing his         pursue a ruling and a hearing proceeded without counsel for
or her claims against it. In the present case, Gurland          the minor child.
was entitled to the protections of “safe harbor” as he
notified the corporation of his intention to file a lawsuit     Mikhail Volodarsky v. Kira Tarachanskaya, No. 50,

THE ADVOCATE                                                  Page 10                                              MAY 2007
                                                                                          Spotlight on
          Civil Law Update                                                             Judicial Law Clerks
                         Continued ...                                                     by Robert K. Erdman, Jr.

September Term, 2006, filed February 9, 2007.                           Karen Davidson, Judge Norman’s law
Opinion by Wilner, Alan Judge.                                          clerk, has come a long way from her
                                                                        hometown in Loudoun County, Virginia
                                                                        where she grew up on a 123-acre farm
Mother and Father were involved in a protracted                         growing corn and raising beef cattle.
custody dispute over their minor daughter, with
allegations of sexual abuse by both sides. There was                    Karen graduated from George Mason
conflicting testimony from various experts concerning                   University with a Bachelor’s degree in
their conclusions about whether the father had abused                   Political Science, and was very proud of
                                                                        her Patriots’ 15 minutes of fame during
the child, and at the close of evidence, the trial court                their run to the Final Four in last year’s
applied a preponderance of the evidence standard and                    NCAA Men’s Basketball National Cham-
concluded that the mother had not proved the father had                 pionship.
abused the child. Mother appealed, arguing that the
Family Law, section 9-101 requires the application of a                 An interest in government and law led Karen pursue a career as a para-
                                                                        legal after graduation. She worked for the City of Frederick’s Office
lesser standard of proof than “preponderance of the                     of Legal Services and the law firm of Whiteford, Taylor and Preston
evidence,” and the Court of Special Appeals agreed.                     during her 13 years as a paralegal.

The Court of Appeals reversed and remanded with the                     Deciding to move on to bigger and better things, Karen enrolled as a
instruction that the Court of Special Appeals affirm the                night student at the University of Baltimore in 2002, while still main-
                                                                        taining a full-time paralegal position at the Lord Baltimore Capital
trial court’s judgment. The Court of Appeals held that
                                                                        Corporation. “I wanted to go to law school for a long time,” she says.
section 9-101 does not establish a lesser standard of                   “I was a paralegal because I thought I would do the ‘try it before you
proof, as the preponderance of the evidence standard is                 buy it’ method.”
generally considered the lowest standard of proof.
Application of a lower standard of proof would produce                  As if working full-time while studying for a J.D. wasn’t enough,
the assured result of the court depriving a party of                    Karen participated on the Thomas Tang National Moot Court Team
                                                                        for two years, one year traveling to Atlanta, and another traveling to
visitation and custody with his or her child while                      New Orleans.
actually believing that it is more likely than not that the
parent did not abuse the child. There is no indication                  She graduated from UB in 2006 and passed the July bar exam prior to
that the legislature intended such a result.                            starting her clerkship with Judge Norman in November.

                                                                        “The best part about working for Judge Norman,” Karen says, “is
Judge Norman.” She says the judge is very intelligent and patient, and that she has learned a great deal from sitting in court with him. “We
also have a tremendous staff,” Karen says. “I’ve learned a lot from them as well because they are here everyday, unlike the law clerks who are
just temporary occupants.” “We share chambers with a phenomenal group of people,” she says.

Karen also says that her practical knowledge of the law has increased dramatically since she started working for Judge Norman. “I have a
much better understanding of the rules of evidence now that I see how they work in court,” she says. “A month [acting as Chambers’ Judge] is
worth an entire semester of civil procedure.”

The entire clerkship experience has been a real eye opener for Karen, who says that she really enjoys seeing the variety of cases that come into
her courtroom everyday.

When she’s not busy prepping the day’s docket, Karen enjoys reading “anything and everything, including the backs of cereal boxes.” She
also coordinated a reading program for the Bar Association of Baltimore City known as the “Power Readers Program,” where attorneys would
take time to go to public schools in the city, and read to the students.

Additionally, this Canton-resident loves to stay active by frequenting the gym. She’s also a fan of riding her bike, and has participated in the
Tour du Port, a 35-mile bike ride through and around the city of Baltimore.

When her tenure with Judge Norman ends in August, Karen hopes to secure a position focusing on transactional or real estate law, but she
would also be interested in an opportunity to get involved in appellate advocacy.

If you have not yet had a chance to introduce yourself to Karen, I strongly encourage you to do so before she leaves the courthouse. From all
of your friends at The Advocate, welcome.

THE ADVOCATE                                                        Page 11                                                     MAY 2007
                        MEMBER NEWS & SAVE THE DATE

   BCBA Members Service on MSBA BOG                           ESTATES & TRUSTS PROGRAMS
                                                                  Tuesday, May 8, 2007
 Congratulations to the newly-elected members of                   Legislative Update
 the Maryland State Bar Association Board of
 Governors, Suzanne K. Farace, Edwin G. Fee, Jr.                   Tuesday, June 5, 2007
 and Keith R. Truffer. Their two-year term runs
 from June 2007 to June 2009. The new members
                                                             Perspectives of the Orphans’ Court
 replace Henry E. Dugan, Jr., John B. Gontrum and
 Debra G. Schubert, whose terms end in June 2007.
 Caroline A. Griffin and Craig J. Little will                  LAND RECORDS COMMITTEE
 continue to serve on the Board of Governors until               Thursday, May 10, 2007
 their term ends in June 2008.                                  12 noon, Brown Bag Lunch
 We appreciate their continued service to the               Foreclosure Deeds, Settlement Sheets
 BCBA, as well as the MSBA.
                                                                     and Accountings

                                                              Welcome Our New State’s Attorney
                                                                Scott D. Shellenberger, Esquire
   Greene Turtle Restaurant, York Road                          Friday, May 11, 2007, 12 noon
          No RSVP necessary.
   Please join us and simply pay for your order                  Razorbacks Raw Bar & Grill
                                                               826 Dulaney Valley Road, Towson


The Baltimore Women's Bar Association (for                       EMAIL ADDRESS CHANGE
Baltimore County, Baltimore City and Carroll
County) will hold its Annual Dinner on Tuesday,              Effective January 15th, all
May 15, 2007 at Cafe Troia, 28 Allegheny Avenue,             Baltimore County email addresses
Towson. Cash bar, 6 pm; Dinner at 6:30 pm.                   have changed from
Members, $38 members; Non-members, $42.                      name@co.ba.md.us to
                                                             name@baltimorecountymd.gov, to
Featured speakers: Hon. Yvette Bryant, Baltimore             bring the county email addresses
City Circuit Court; Hon. Ruth Jakubowski,                    into alignment with the county’s
Baltimore County Circuit Court; Hon. Joanne                  web address,
Ellinghaus-Jones, Carroll County District Court.             www.baltimorecountymd.gov.

For further information, and/or reservations, contact:
Wendy Zerwitz, 410-288-9303.

THE ADVOCATE                                      Page 12                                  MAY 2007
                       MEMBER NEWS & SAVE THE DATE

                                                          WELCOME NEW MEMBERS
           JUNE 4, 2007                                          J. Joseph Curran, III
 PINEY BRANCH GOLF CLUB                                        Glen Frost (Law Student)
                                                                   Philip G. Kaplan
                                                                 Stephen L. Weber, Jr.
         $140 PER GOLFER

                                                             MEMBERS ON THE MOVE
                      FLYER INCLUDED
                      WITH THIS ISSUE                         Christine S. Britton, Esquire
                                                              Progressive House Counsel
                       OPEN TO ANYONE                     800 Red Brook Boulevard, Suite 120
                                                               Owings Mills, MD 21117

   MARYLAND STATE BAR ASSOCIATION                           Stacey Winakur Harris, Esquire
         ANNUAL MEETING                                      Has opened her solo practice
         JOINT BENCH/BAR                                    Concentrating in family law, at
                                                             8 Reservoir Circle, Suite 104
If you are attending the MSBA Annual Meeting in                 Baltimore, MD 21208
Ocean City at the Clarion Fontaine Bleu, please re-              410-484-8107 - Office
member to stop by the BCBA Hospitality Suite lo-               410-484-8667 - Facsimile
cated on the pool deck.
We expect to be open the following hours:

Wednesday            4:00 PM to 6:00 PM                        STATED MEETING
                     8:00 PM to Midnight
                                                                  June 28, 2007
Thursday             5:00 PM to 7:00 PM                             4:30 P.M.
                     9:00 PM to Midnight                 NOTE DIFFERENT LOCATION FOR MEETING
                                                          COURTROOM NO. 12 (JUDGE DANIELS’)
Friday               7:00 PM to Midnight
                                                             Reception sponsored by the
The Hospitality Suite is generously sponsored by             Young Lawyers Committee
ICS-Insurance, Inc.                                          Immediately following the
                                                                  Stated Meeting

THE ADVOCATE                                   Page 13                                    MAY 2007
THE ADVOCATE   Page 14   MAY 2007
                                    Criminal Law Update
                                                  by Robert Lidston

The April Amicus contains three interesting Court of          not an element of the crimes of disorderly conduct and
Appeals decisions.                                            breach of peace. In that the decision to arrest is
                                                              discretionary, therefore, an arrest need not be made
Spry v. State, No. 42, September Term, 2006, filed            after the first disobedience of a police officer’s lawful
January 16, 2007 (opinion by Battaglia, J.). In               order. Because Spry was arrested under a warrant, he
Federalsburg, two police officers encountered                 benefited from the accompanying protections of a
Alexander and Derrick Wilcox in an argument. Seeing           warrant and must, then, prove actual prejudice resulting
the officers, the Wilcoxes changed their location. They       from the delay between the offense and the arrest. Spry
renewed their argument on a nearby street corner where        made no such allegation. Even though Spry left only
a large crowd began to gather, and it appeared a fight        after four or five orders to leave, his previous non-
would break out. The officers told the crowd to disperse      compliance was not negated by his eventual decision to
which it gradually did. The officers then followed the        cooperate.
Wilcoxes to a store where a confrontation began among
two other individuals and them. The officers separated        Solorzano v. State, No. 93, September Term, 2006, filed
the four, but a larger crowd of eight or ten people           March 19, 2007 (opinion by Raker, J.). Indicted for
gathered which the officers dispersed. A group of             attempted first degree murder and other charges,
twenty to thirty people then began to gather at a nearby      Solorzano entered into a plea agreement with the State
street corner. Individuals in that crowd shouted at each      in which he agreed to plead guilty to attempted first
other and noisily walked through street traffic. Again,       degree murder. He and the State informed the trial
the officers dispersed the crowd. The group moved to a        judge that they thought the sentencing guideline range
nearby parking lot where the officers became concerned        was 12 to 20 years of incarceration. The State agreed to
that a riot was beginning. Yet again, the officers ordered    dismiss the remaining indictment counts and
the crowd to disperse, which it slowly did.                   recommended a sentence no greater than the top of the
                                                              guideline range. At the plea hearing, the judge informed
A little while later, the same officers were dispatched to    Solorzano that if the sentencing guideline "turns out to
the Garden Court Apartments after a 911 call regarding        be 12 to 20 years, the State is free to ask for up to 20
a fight among forty to sixty people. By the time the          years, and you could receive up to 20 years." The judge
police arrived, the argument was over, but forty to fifty     then accepted the plea and ordered a pre-sentence
people, including Spry, were hanging around,                  investigation. That PSI indicated that the sentencing
screaming and yelling. Those remaining were ordered           guideline was indeed 12 to 20 years. The judge,
to leave unless they were residents of the Garden Court       however, sentenced Solorzano to life imprisonment,
Apartments. Spry, who did not live there, refused to          with all but fifty years suspended. Solorzano filed a
leave and responded to one of the officers with               motion to correct an illegal sentence and in the
profanity and defiance. After about ten minutes and four      alternative to vacate the guilty plea. Both requests were
or five warnings, Spry left.                                  denied. He then noted an appeal to COSA. The Court of
                                                              Appeals granted cert on its own.
The next day, the same officer applied for an arrest
warrant for Spry. He was arrested and charged with            The Court vacated the sentence and remanded the case
failing to obey a lawful order from a police officer          for a new sentencing. It determined that the trial judge
made to prevent a disturbance to the public peace. He         accepted the terms of the plea agreement and that
was convicted of that crime under Sec. 10-201(c)(3) of        Solorzano pled guilty in reliance on that acceptance.
the Criminal Law Article. Spry appealed to COSA               Further, Solorzano was entitled to either withdraw his
which affirmed his conviction. After granting Spry’s          guilty plea or to specific performance of the terms of
petition for cert, the Court of Appeals affirmed his          the plea agreement. According to the Court, the trial
conviction. It held that a police officer does not have to    judge made statements which, at least, created an
arrest an individual immediately after the first
disobedience of a lawful order. It stated that an arrest is                                     … Continued on Page 17

THE ADVOCATE                                             Page 15                                          MAY 2007
THE ADVOCATE   Page 16   MAY 2007
                                   Criminal Law Update
                                                    continued ...

impression that he had accepted the sentencing range          for cert and the State filed a cross petition. The Court
agreed to by the State. Because of those statements, it       granted both.
was reasonable for Solorzano to think that he would
receive no more than 20 years in jail, provided that was      The Court affirmed the COSA decision. Although the
the limit under the sentencing guideline. The Court           State did not use the words "intervening circumstance
found that any ambiguity as to whether the trial court        or cause" at the Circuit Court, its basic premise was the
accepted the terms of the agreement was to be construed       same at the suppression hearing and on appeal. The
in favor of the defendant. In his appeal, Solorzano made      State had explained that Cox was arrested pursuant to
it clear that he wished to receive the benefit of his plea    an arrest warrant. This shifted the burden to Cox to
bargain, and did not wish to withdraw his guilty plea.        show that the arrest warrant was invalid. The issue was
                                                              initially preserved because the State had relied on a case
Cox v. State, No. 39, September Term, 2006, filed             that involved an explanation of the fruit of the
February 8, 2007 (opinion by Greene, J.). Cox and a           poisonous tree doctrine and the applicable process that
friend were stopped on the street by a police sergeant        is employed to attenuate the taint of the primary
while walking in a neighborhood in the early afternoon.       illegality.
Other officers soon arrived. The sergeant asked to see
identification and told the two men that they generally       The Court evaluated the factors in Brown v. Illinois,
fit the description of people who had recently been           422 U. S. 590, 95 S. Ct. 2254, 45 L.Ed.2d 416 (1975),
involved in a series of robberies. A computer check           to decide whether the police discovery of the arrest
revealed that one of the two men had an outstanding           warrant and arrest of Cox according to that warrant
warrant for his arrest. Both men were told to sit on the      constituted an intervening cause that cleared the
ground with their hands on their heads while                  arguable illegality of the stop. It determined that the
confirmation as to which man had the outstanding              proximity in time of the stop and discovery of the
warrant was obtained. Cox had the outstanding warrant         marijuana was not dispositive on the issue of
for failure to appear in court on drug charges. He was        attenuation. It next determined that the discovery of the
placed in handcuffs and another officer noticed a baggy       arrest warrant and arrest under it constituted an
of marijuana on the ground near where he had been             intervening circumstance that broke the causal
sitting.                                                      connection between the unlawful conduct and the
                                                              derivative evidence. Finally, it held that the sergeant’s
The State charged Cox with several CDS offenses. Cox          conduct did not appear flagrant. In balancing the
filed a motion to suppress the marijuana on the grounds       factors, the Court decided that, even if the stop was
that it was obtained as a result of an illegal stop. At the   illegal, the discovery of the arrest warrant and arrest
suppression hearing, the State argued that Cox was            under it sufficiently cured any taint caused by the
arrested pursuant to an outstanding warrant and that the      arguably illegal stop.
marijuana should not be suppressed. The trial court
granted Cox’s motion to suppress, finding that the
sergeant did not have any objective manifestation that
Cox was engaged in illegal drug activity when he first
detained him. The State appealed to COSA, arguing that
Cox was not illegally detained and that, even if he was,
the CDS should not be suppressed because the
discovery of the outstanding warrant cured any
illegality of the initial stop. Cox argued that the State
had not preserved that argument for appeal. COSA
reversed the Circuit Court, deciding that the stop was
consensual and that the evidence was, therefore,
admissible. It also concluded that the State had failed to                               Divorce & Estate Listings
preserve on appeal its attenuation argument. Cox filed

THE ADVOCATE                                        Page 17                                                MAY 2007
                                  STEPHEN J. DUNN
                                         Attorney at Law

                               Representing Federal Civil Servants

                         FEDERAL WORKERS’ COMPENSATION (OWCP)

                         OFFICE OF PERSONNEL MANAGEMENT (OPM)
                                 RETIREMENT DISABILITY

                          U.S. MERIT SYSTEM PROTECTION BOARD

                            EQUAL EMPLOYMENT OPPORTUNITY
                                  COMMISSION (EEOC)

                              SECURITY CLEARANCE APPEALS

                         7400 York Road, Suite 405, Towson, MD 21204-7531
                           Phone (410) 321-8368 / Fax (410) 321-1599

THE ADVOCATE   Page 18                                        MAY 2007
                             MARYLAND STATE BAR ASSOCIATION
                              BOARD OF GOVERNORS’ REPORT
                                             by Caroline A. Griffin

The Maryland State Bar Association (“MSBA”)            with the growth of high tech firms in Maryland. The
Board of Governors met on March 20, 2007 in            Entertainment and Sports Law Committee has likewise
Carroll County, Maryland at Antrim 1844.               experienced growth through its networking and
                                                       educational programs. The Board passed a motion
Governor Andrew Radding, Esquire discussed the         recommending to the general membership that these
recent testimony of Karen J. Mathis, ABA               Committees gain section status at the Annual Meeting in
President, before a House Judiciary Subcommittee.      June 2007.
Specifically, President Mathis criticized the 2003
Thompson Memorandum and the Justice                    Finally, Stephen J. Nolan, Esquire discussed the Report
Department’s 2006 McNulty Memorandum                   and Recommendations of the MSBA Disaster Planning
concerning corporate charging guidelines for           Task Force, of which he is Chair. Early in his tenure,
federal prosecutors.                                   MSBA President Edward J. Gilliss directed the Task
                                                       Force to develop a model plan for Maryland lawyers and
The Thompson Memorandum permits federal                law firms in the event of a disaster. Through its
prosecutors to recommend cooperation credits at        investigation, the Task Force reviewed state plans from
sentencing for corporate targets who waive their       New Jersey, Texas, New York, Tennessee, and Alabama
attorney-client privilege during federal criminal      and surveyed several local and specialty bar associations
investigations. The McNulty Memorandum also            to determine whether their members would assist
permits prosecutors to demand privilege waivers        Maryland attorneys if a disaster occurred. It also issued
and force corporate targets to take punitive actions   several significant recommendations.
against employees who assert their rights.
President Mathis testified that these policies erode   The Task Force considered two types of disasters –
the attorney-client privilege and are inconsistent     those that affect a single law firm, such as fire or water
with the presumption of innocence doctrine.            damage, and those that would affect an entire
Senator Arlen Specter has introduced a bill barring    geographical region. Due to Maryland’s geographical
the Justice Department from taking these coercive      diversity, the Maryland Emergency Management
actions.                                               Agency (“MEMA”) has determined that Maryland is at
                                                       risk for hurricanes, earthquakes, winter storms and even
Governor Radding has discussed the impact of the       tsunamis. Moreover, all regions are susceptible to
Thompson and McNulty Memoranda in Maryland             influenza pandemic and terrorist attacks.
with several attorneys, including Jefferson M.
Gray, Assistant United States Attorney for the         Mr. Nolan noted that one of the best planning tools
District of Maryland. Given the limited number of      available for businesses is the “Emergency Management
corporate investigations in Maryland, Governor         Guide for Businesses and Industry: A Step by Step
Radding recommended that it would be counter-          Approach to Emergency Planning, Response, and
productive for the MSBA to take a position on this     Recovery for Companies of all Sizes,” which the
issue; rather it is more appropriate to monitor this   Federal Emergency Management Agency (“FEMA”)
matter and issue a letter of support to the ABA.       developed following the first bomb attack on the World
                                                       Trade Center in 1993. This Guide is available on
Next, Larry Guffey, Esquire, Chair of the              FEMA’s website.
Intellectual Property Committee and Cheryl Slay,
Esquire, Chair of the Entertainment and Sports         The Task Force has developed a superb disaster
Law Committee, each spoke of their Committee’s         response and emergency checklist for law firms, which
desire to gain section status within the MSBA.
The Intellectual Property Committee has a vibrant                                      … Continued on page 20
website and its membership has increased steadily

THE ADVOCATE                                     Page 19                                            MAY 2007
                     … Continued

it recommended be posted on the MSBA website. In
addition the Task Force recommended that:

The Board of Governors adopt a policy that will
permit the Executive Director, after consultation
with the President, to promptly implement a disaster
response and recovery plan to aid lawyers and local
bar associations in areas of the state affected by a
disaster or critical incident;

•    The Board of Governors approve of the MSBA’s
     participation in a memorandum of understanding
     with local bar associations;
•    The MSBA Program Committee sponsor a
     program at a future Annual Meeting on disaster
     planning for law firms;
•    MSBA President Gilliss submit a request to
     Chief Judge Robert M. Bell to permit at least one
     MSBA representative to participate as a liaison
     to the Judiciary’s Continuity of Operations
     Initiative; and
•    The MSBA Young Lawyer Section update its
     disaster response plan to provide volunteer legal
     assistance to members of the public affected by
     disaster and furnish copies of its written plan to
     the Pro Bono Resource Center of Maryland, Inc.,
     MVLS, the Legal Aid Bureau and the
     Administrative Office of the Courts.

The Board approved a motion to accept the
recommendations of the Task Force.

THE ADVOCATE                                      Page 20   MAY 2007
                                       Civil Law Update
                                                 by Cecilia B. Paizs

Review of the April 2007, Amicus Curiam, the
following cases were of interest:                         Department of Health and Mental Hygiene v. Anthony
                                                          Kelly, No. 47, September Term, 2006, filed March 14,
THE COURT OF APPEALS:                                     2007. Opinion by Battaglia, Lynne Judge

Rebecca Cochran, et al., v. Eileen W. Norkunas,           Anthony Kelly was charged with numerous criminal
No. 43, September Term, 2006, filed March 20,             offenses. At the time of a pre-trial hearing, Kelly
2007. Opinion by Raker, Irma, Judge                       moved to discharge his attorneys. As a result a
                                                          competency hearing was held and it was determined
The buyers signed a letter of intent to purchase Ms.      that Kelly was not competent to stand trial, and was
Norkunas’ property, stating that certain terms            considered dangerous because he had a history of
would be included in a standard form contract and         assaultive and violent behavior and was charged with
how those terms would be construed.                Ms.    serious crimes. He was subsequently committed to
Norkunas signed the letter as well. Later, Ms.            Perkins Hospital where the Department of Health and
Norkunas signed the contract prepared in                  Mental Hygiene sought to forcibly medicate him
accordance with the letter of intent, but did not         despite the fact that he did not exhibit behavior that
forward the document to either the buyers or their        was dangerous to himself or others within the hospital.
agent. Thereafter, Ms. Norkunas notified the              A Clinical Review Panel approved the forcible
buyers that she was taking the property off the           medicating, which was upheld by an administrative law
market. The buyers sued to enforce the letter of          judge. The circuit court reversed, and the Court of
intent and contract. The trial court granted the          Appeals issued, on its own initiative, a writ of certiorari
buyers’ summary judgment. The Court of Special            prior to any proceedings in the intermediate appellate
Appeals reversed, stating that the trial court erred in   court.
holding that the letter of intent was sufficient to
form a enforceable contract between the parties.          The Court of Appeals affirmed, holding that Section
The Court held that the letter of intent did not          10-708(g) of the Health-General Article requires the
indicate that the parties had reached a final             State to prove that an individual, because of his mental
agreement at the time that the letter of intent was       illness, is dangerous to himself or others within a state
signed. Further, the Court held that Ms. Norkunas         institution before it may forcibly administer
did not accept the offer, even though she signed the      medication. The Court held that the General Assembly
documents, because she did not mail the signed            rejected the notion that an involuntarily committed
contract to the buyers so as to communicate her           patient could be forcibly medicated solely based on his
acceptance.                                               commitment and the possibility of his continued
                                                          confinement.       Instead, the General Assembly
The Court of Appeals affirmed, holding that the           incorporated a dangerousness standard consistent with
letter of intent was not enforceable because the          procedural due process safeguards and substantive due
parties did not demonstrate that they intended to be      process. Because there was nothing in the record
bound. Further, the letter unambiguously indicated        indicating that Kelly was, because of his mental illness,
that a standard contract would be delivered and           dangerous to himself or others within the state
specified how certain terms therein would be              institution where he was being held, therefore, he
construed. In addition, the contract was not              cannot be forcibly medicated.
enforceable even though signed by the seller,
because the seller did not manifest her acceptance
of the offer by mailing or other act.

THE ADVOCATE                                       Page 21                                              MAY 2007
        RICHARD OARE, ESQUIRE                               FAMILY LAW COMMITTEE FORUM
                                                              WEDNESDAY, MAY 23, 2007
      Member of Maryland State Bar Association
        Maryland Trial Lawyers Association                   4:30 - 6:00 P.M., Courtroom 2
         Baltimore County Bar Association                            FREE Program
         Pennsylvania State Bar Association
       Pennsylvania Trial Lawyers Association
           York County Bar Association                             PANEL DISCUSSION
                                                      Discovery issues from the bench, including what will
MEDICAL NEGLIGENCE, AUTO ACCIDENTS                    cause them to grant or deny motions to compel,
                                                      attorney fees for discovery violations and how they
  REPRESENTATIVE REFERRING FIRMS                      will handle discovery failures during trials in terms of
              Butler, Melfa & Taylor                  admitting evidence, hearing a particular witness, etc
            Schocher, Federico & Staton
               Lambros & Lambros
               Louis Close, Esquire                                       SPEAKERS
             Robert L. Miller, Esquire                              Hon. John O. Hennegan
           Cannoles & Clasing, Chartered                            Hon. Timothy J. Martin
              Henry Stewart, Esquire
              Michael Lawlor, Esquire
                                                                   Hon. H. Patrick Stringer, Jr.

                Accepting Referrals

              1434 South George Street
                                                                   DISCOVERY ISSUES
                  York, PA 17403                      Propounding it, do’s and don’ts in terms of filing,
                    717-846-3000                      motions to compel, etc.
            E mail: richard@oarelaw.com
                                                                  J. Michael Lawlor, Esquire
                                                                 Christopher Nicholson, Esquire
                                                                   Mary R. Sanders, Esquire

                                                                    CASE LAW UPDATE
        BAR OFFICE SUMMER INTERNS                                          SPEAKER
                                                                     Richard Jacobs, Esquire
        The Bar Office is now accepting
       applications for (unpaid) summer                    Happy Hour Immediately Following Program
        internships; high school seniors,                    At An Poitin Stil, York Road, Timonium
         undergraduate and law school                                    $25 per person
       students are encouraged to apply!                         Hot Hors d’oeuvres, cash bar
                  Flexible hours.

       Please send a letter of interest and
            resume to Doris Barnes

THE ADVOCATE                                     Page 22                                           MAY 2007

THE ADVOCATE                                 Page 23                                        MAY 2007
           Published monthly by the                                                               TOWSON OFFICE SPACE
       Baltimore County Bar Association                                                 Up to 8 new individual offices in downtown
            VOLUME XVI, NO. 10                                                          Towson high-rise building. Incl parking. Avail
                  May 2007
                                                                                        5/1/07.   Space for support staff, access to
 Editor:                Francis X. Borgerding, Jr.                                      conference rooms, shared T-1 line, copier, fax,
 Associate Editors:              Doris D. Barnes                                        email address(es), scanner and lunchroom. Call
                                   Kathy M. Blue                                        Mark Jensen, 410-583-2400 or Jensen@bowie-
                Guest Editors
              Andrew M. Battista                                                                    TOWSON LAW OFFICE
               Master Terri Beck                                                        Unique sublet opportunity. Two partner offices,
               Thomas S. Hood                                                           conference room, reception area and secretarial
              Robert J. Thompson
                                                                                        space with separate entrance, adjacent to mid-size
           “THE ADVOCATE” Staff                                                         law firm. Excellent location, free parking for staff
                                                                                        and clients. Possibility of case referrals. Contact
Christine S. Britton         Robert J. Lennon, Jr.                                      Jeffrey Pritzker at 410-823-2222 or
Kelly B. Burke                 Robert C. Lidston
Hon. Sally Chester                    David Luby
Robert K. Erdman, Jr.            Lisa Marquardt
Edwin G. Fee, Jr.                Cecilia B. Paizs                                             LAWYER - OFFICES TO SHARE
Rebecca A. Fleming             Michael J. Pappas                                        One-half block to Baltimore County Courthouse.
Katherine D. Fones                   Jane Santoni                                       Parking, copier, fax, conference room. Telephone
Stanford G. Gann, Jr.             Wendy A. Sare                                         410-828-7317.
Louis Grenzer                     Scott R. Scherr
Caroline A. Griffin              Keith R. Truffer                                                 TOWSON OFFICE SPACE
Gina Keelty                   Laurie Wasserman                                          One executive office available in legal suite with
Marianne R. Koch              Matthew P. Woods                                          other practitioners. Rent includes receptionist,
Ann M. Lembo                                                                            telephone, conference rooms, copier and fax,
                                                     The Advocate is a monthly          high-speed internet and free parking. Located at
                                                                                        40 York Road, Suite 300. One block from the
Yearly Subscription Rates - Furnished to BCBA        publication of the Baltimore       District Court. Call Sam Blibaum at 410-823-
members at no cost and included in annual dues.
General Public $25.00 - Lawyers licensed to prac-
                                                     County     Bar     Association     0111.
tice law in Maryland $50.00. Advertising - ap-       informing its members about
proved advertising accepted. Rates submitted upon
                                                     current events relating to law.               TOWSON OFFICE SPACE
                                                                                        Office with view of Old Courthouse and
                                                     Articles do not necessarily        secretarial space available in legal suite. Includes
          ASSOCIATION OFFICERS                       reflect the official position of   separate entrance, file storage, shared conference
            July 2006 - June 2007                                                       room, reception area, and kitchenette. Secretarial
President                    Debra G. Schubert
                                                     the Bar Association, and           help, copier, printer, postage meter, fax, phone
President-Elect              Alan R.L. Bussard       publication does not constitute    system and high-speed internet access available.
Secretary                    Dana O. Williams        an endorsement of views which      Some office furniture available for use. Contact
Treasurer                     C. William Clark                                          Elaine Joines at (410) 825-7900.
                                                     may be expressed.
                                                                                               TOWSON OFFICES TO SHARE
             Bar Association Office
                Doris D. Barnes
                                                     The contents of advertisements     401 Washington Avenue, 11th Floor. Several
                                                                                        offices and work stations for secretaries. Shared
               Executive Director                    are the responsibility of the      receptionist, conference room, waiting room,
           Telephone: (410) 337-9103                 advertisers and do not             storage, copier. Furnished or unfurnished. Call
            E-Mail: doris@bcba.org
                                                     represent any recommendation       410-832-8865.
                  Carole Otte                        or endorsement by The
          Lawyer Referral Coordinator                                                         LAWYER - OFFICES TO SHARE
           Telephone: (410) 337-9102                 Advocate.                          One-half block to Baltimore County Courthouse.
            E-Mail: carole@bcba.org                                                     Parking, copier, fax, conference room. Telephone
          Website: http://www.bcba.org                                                  410-828-7317.

The Baltimore County Bar Association

    100 County Courts Building
      401 Bosley Avenue
     Towson, MD 21204-4491
                                    Baltimore County Bar Association
                                            ESTATES & TRUSTS COMMITTEE
                                                  Legislative Update
                                                TUESDAY, MAY 8, 2007

SPEAKER                          Grace G. Connolly, Register of Wills
                                       For Baltimore County

Program Chair                    George S. Ingalls, Esquire

DATE                             Tuesday, May 8, 2007
TIME                             5:00 P.M.
LOCATION                         Circuit Court for Baltimore County, Grand Jury Room

                This is a FREE program to all BCBA Members.
                              Non-Members, $15.00
     Handouts will be available for email after the completion of the program.

    Analysis of 2007 Maryland State Legislation as it affects estates and trusts.

                          Estates & Trusts Committee - Legislative Update
                                       Tuesday, May 8, 2007

 Name                                                Telephone


 Email                                               Non-Members, $15 per person

 Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
 Courts Building, 401 Bosley Avenue, Towson, MD 21204; or via facsimile to 410-823-3418; or via email to
 doris@bcba.org. Remember, Members can register for events online at www.bcba.org.
                                   Baltimore County Bar Association
                                  NEGLIGENCE, INSURANCE & WC COMMITTEE
                                                WEDNESDAY, MAY 9, 2007
                                                      8:00 A.M.

             Meet the New Workers’ Compensation Commissioners

PROGRAM CHAIRS:                  Jeffrey Scholnick, Esquire
                                 Matt Paavola, Esquire

The Baltimore County Bar Association is pleased to introduce the three latest
appointments to the Workers’ Compensation Commission. Each Commissioner
will share his or her nuts and bolts approach as to what evidence they will be
expecting, and as to what issues they attach great weight, on cases over which
they preside.

                      BEFOREHAND FOR LOCATION

The admission charge for the program is only $10 for BCBA Members, $15 for Non-Members.
Danish and coffee will be available at 7:45 a.m. in the Bar Office. Please mail your reservation
as soon as possible, by completing the registration form at the bottom of this page, making your
check payable to the Baltimore County Bar Association, or MEMBERS can REGISTER
ONLINE at www.bcba.org (Members Only, Register for Events).

                             Negligence, Insurance & WC Committee
                       Meet The New Workers’ Compensation Commissioners
                                    Wednesday, May 9, 2007

Name                                                       Telephone

Address                                                    City, State, Zip


Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204; or via facsimile to 410-823-3418; or via email to
                                   Baltimore County Bar Association
                                              LAND RECORDS COMMITTEE

                                                Thursday, May 10, 2007
                                              12 noon - Brown Bag Lunch


SPEAKERS                         Robert S. Glushakow, Esquire
                                 C. Larry Hofmeister, Jr., Esquire
                                          Court Auditor for the Circuit Court for Baltimore County

PROGRAM CHAIR                    Douglas L. Burgess, Esquire

DATE                             Thursday, May 10, 2007

TIME                             12 noon - Brown Bag Lunch

LOCATION                         Grand Jury Room
                                 Circuit Court for Baltimore County

                   This is a FREE program for BCBA Members.
                              Non-Members, $15.00.
       Please bring your own lunch. Beverages and dessert will be available.
        Handouts will be provided, and will also be available electronically.

                                    Land Records Committee
                       Foreclosure Deeds, Settlement Sheets and Acountings
                                    Thursday, May 10, 2007

Name                                               Telephone

Address                                            City, State, Zip


Amount Enclosed $                                 Number Attending

Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204; or facsimile to 410-823-3418; or email to
                                   Baltimore County Bar Association
                                              CRIMINAL LAW COMMITTEE

                                                   Friday, May 11, 2007
                                                         12 noon

DATE                             Friday, May 11, 2007
TIME                             12 noon
LOCATION                         Razorbacks Raw Bar & Grill
                                 826 Dulaney Valley Road, Towson
COST                             $15.00 per person
MENU CHOICES                     Seared Tuna, served with rice, wasabe vinaigrette,
                                 fresh mango and field greens (Prepared R, MR)
                                 Grilled Portabella Sandwich with field greens, tomato,
                                 goat cheese and balsamic vinaigrette on focaccia
                                 Razor Burger, seasoned ground beef charbroiled and served
                                 on a Kaiser roll (Prepared R, MR, M, MW, W)
                                 Tarragon Chicken Salad, white-meat chicken salad with
                                 tarragon mayo, topped with field greens. Served on focaccia

             REGISTER TODAY! Registrations limited to 40 people maximum.

                                   Criminal Law Committee
                               Lunch with Scott D. Shellenberger
                                    Friday, May 11, 2007
                        Menu Choice

Name                                               Telephone

Address                                            City, State, Zip


Amount Enclosed $                                 Number Attending

Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204; or facsimile to 410-823-3418; or email to
                              BALTIMORE COUNTY BAR ASSOCIATION
                                         FAMILY LAW COMMITTEE FORUM
                                           WEDNESDAY, MAY 23, 2007
                                          4:30 - 6:00 P.M., Courtroom 2

          PANEL DISCUSSION                                           SPEAKERS
 Discovery issues from the bench,                             Hon. John O. Hennegan
 including what will cause them to grant                      Hon. Timothy J. Martin
 or deny motions to compel, attorney fees                     Hon. H. Patrick Stringer, Jr.
 for discovery violations and how they
 will handle discovery failures during
 trials in terms of admitting evidence,
 hearing a particular witness, etc.

           DISCOVERY ISSUES                                          SPEAKERS
 Propounding it, do’s and don’ts in terms                     J. Michael Lawlor, Esquire
 of filing, motions to compel, etc.                           Christopher Nicholson, Esquire
                                                              Mary R. Sanders, Esquire

            CASE LAW UPDATE                                           SPEAKER
                                                              Richard Jacobs, Esquire

                       SUFFICIENT NUMBER OF HANDOUTS.
                       HAPPY HOUR FOLLOWING PROGRAM
                         An Poitin Stil, York Road, Timonium
                                    $25 per person
    Cash bar. Hot hors d’oeuvres to include: Smoked Salmon, Irish Nachos, House Breaded
                     Chicken Tenders, Shrimp Egg Rolls and Crab Balls

                    Family Law Committee Forum & Happy Hour at The Stil
                                 Wednesday, May 23, 2007

Name                                              Telephone
City, State, Zip
Attending Forum ONLY                              Attending Happy Hour
                                          No. attending         x $25 pp = $
Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204; or facsimile to 410-823-3418; or email to
                                 Baltimore County Bar Association
                                       Annual Golf Outing
                                       Monday, June 4, 2007
                          This is the ONLY Annual Golf Tournament Sponsored by the BCBA.

 INVITEES               The Baltimore County Bar & Bench
 FORMAT                 Captain’s Choice - Scramble
 COST                   $140 per golfer
                                        SHOW UP – RAIN OR SHINE !
     O NE C T                                  Lunch 11:30 a.m. – 1:00 P.M.
AN Y … N O                                       Shotgun Start - 1:00 P.M.
 PLA ited to                                        Green fees and cart
    lim s only                                             Prizes
        ney                                         Gift for each player
                             Food and open bar for 2 hours at conclusion of play
  $40 for guests to join us for open bar and dinner (5:30 - 7:30 P.M.)
 Please send your check in early, as this is always a sell out. Entry will be done on a FIRST COME
 basis. Include handicap. Due to popularity, please remember that until your check is received in the
 Bar Office, your space is not guaranteed.

                             GOLF OUTING – MONDAY, JUNE 4, 2007

 Make check payable to BALTIMORE COUNTY BAR ASSOCIATION, and mail to 100 County
 Courts Building, 401 Bosley Avenue, Towson, MD 21204.

 CONTACT PERSON                                         Phone

 Number in Group                                        Amount Enclosed

        NAME                                                                       HANDICAP




                                    Baltimore County Bar Association
                                            ESTATES & TRUSTS COMMITTEE
                                            Perspectives of the Orphans’ Court
                                                 TUESDAY, JUNE 5, 2007

SPEAKER                          Honorable Colleen Cavanaugh, Chief Judge
                                      Orphans’ Court for Baltimore County

Program Chair                    George S. Ingalls, Esquire

DATE                             Tuesday, June 5, 2007
TIME                             5:00 P.M.
LOCATION                         Circuit Court for Baltimore County, Grand Jury Room

                This is a FREE program to all BCBA Members.
                              Non-Members, $15.00
     Handouts will be available for email after the completion of the program.

      Presentation by Chief Judge Cavanaugh of issues of interest to the court
                                 and discussion.

                 Estates & Trusts Committee - Perspectives of the Orphans’ Court
                                     Tuesday, June 5, 2007

 Name                                                Telephone


 Email                                               Non-Members, $15 per person

 Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
 Courts Building, 401 Bosley Avenue, Towson, MD 21204; or via facsimile to 410-823-3418; or via email to
 doris@bcba.org. Remember, Members can register for events online at www.bcba.org.
                                    Baltimore County Bar Association
                                                   PRO BONO COMMITTEE

                               SPECIAL EDUCATION DISCIPLINE TRAINING
                                           Registration Form

DATE                     Wednesday, June 27, 2007
TIME                     5:30 P.M.         Light dinner available
                         6:00 - 8:00 P.M.  Training Program

LOCATION                 Circuit Court for Baltimore County
                         Grand Jury Room
 REMARKS                 Hon. Vicki Ballou-Watts

SPEAKERS                 Lauren B. Kallins, Esquire, Maryland Disability Law Center
                         Carl R. Gold, Esquire
                         Maureen van Stone, Esquire, Maryland Volunteer Lawyers Service
In return for attending this FREE program, I agree to accept one pro bono special
education discipline case per year, for two years. I understand that the case will be in
Baltimore County, unless I agree otherwise. I further understand that I will be
assigned a Special Education Law Mentor to assist me in the handling of these matters.

City                                           State          Zip Code
Telephone                                      Fax
Email                                          Year Admitted to Bar
                            Referrals will be sent to the above address

Other types of cases I am willing to handle

I prefer to accept a case in the following jurisdictions: (You may select any county except
Montgomery, Prince George’s or Allegany)

    Attorneys from legal service organizations will be admitted based on space availability.
Return this form, via mail to Doris Barnes, Executive Director, Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204; or facsimile to 410-823-3418; or email to

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