THE ADVOCATE 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 firstname.lastname@example.org) 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 (email@example.com). lawyers) and selling out quickly. Get your registrations in now! Doris Barnes THE ADVOCATE Page 2 MAY 2007 2006-07 BCBA VtÄxÇwtÜ Éy XäxÇàá Officers President Debra G. Schubert President-Elect Secretary Treasurer Alan R.L. Bussard Dana O. Williams C. William Clark `tç 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- BCBA 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 Committee 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 Committee Christine S. Britton Reception immediately following Stated Meeting Solo & Small Firm Committee Daniel M. Twomey State & Local Laws/Zoning Committee 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 firstname.lastname@example.org or email@example.com. in need of special education, he or she will not qualify under the IDEA. THE ADVOCATE Page 5 MAY 2007 ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM 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 443-271-7319 HON. PHILIP N. TIRABASSI 410-512-2323 Vice-Chair 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 there! 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 ADMINISTRATIVE JUDGE 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. accounting. 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, respectively. firstname.lastname@example.org. 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 SOLO & SMALL FIRM LUNCH CRIMINAL LAW COMMITTEE LUNCHEON Welcome Our New State’s Attorney Scott D. Shellenberger, Esquire THIRD TUESDAY EVERY MONTH 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 WOMEN’S BAR ASSOCIATION EVENTS 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. email@example.com to firstname.lastname@example.org, 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 ANNUAL GOLF OUTING 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 410-581-2597 Christine_S_Britton@progressive.com 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. Stacey@swhfamilylaw.com 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 (MSPB) 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 www.sdunnlaw.com 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 MARYLAND STATE BAR ASSOCIATION BOARD OF GOVERNORS’ REPORT … 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: email@example.com SPEAKERS 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 (firstname.lastname@example.org). THE ADVOCATE Page 22 MAY 2007 WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, PLEASE TELL THEM WHERE YOU SAW THEIR AD. 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- jensen.com. 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 email@example.com. 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 request. 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: firstname.lastname@example.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: email@example.com Parking, copier, fax, conference room. Telephone Website: http://www.bcba.org 410-828-7317. The Baltimore County Bar Association The ADVOCATE 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 Address 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 firstname.lastname@example.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. PLEASE CHECK-IN AND REGISTER AT THE BAR OFFICE 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 Email________________________________ 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 email@example.com. Baltimore County Bar Association LAND RECORDS COMMITTEE Thursday, May 10, 2007 12 noon - Brown Bag Lunch FORECLOSURE DEEDS, SETTLEMENT SHEETS AND ACCOUNTINGS 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 Email________________________________ 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 firstname.lastname@example.org. Baltimore County Bar Association CRIMINAL LAW COMMITTEE Friday, May 11, 2007 12 noon LUNCH WITH SCOTT D. SHELLENBERGER BALTIMORE COUNTY’S NEW STATE’S ATTORNEY 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 Email________________________________ 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 email@example.com. 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 The Forum is FREE, BUT PLEASE REGISTER SO WE HAVE A 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 Address 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 firstname.lastname@example.org. 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 ! AN O NE C T Lunch 11:30 a.m. – 1:00 P.M. AN Y … N O Shotgun Start - 1:00 P.M. Y PLA ited to Green fees and cart lim s only Prizes ney Gift for each player attor 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 1. 2. 3. 4. 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 Address 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 email@example.com. 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 WELCOMING 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. Name Firm/Organization Address 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 firstname.lastname@example.org.
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