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THE ADVOCATE Powered By Docstoc
    Newsletter of The Baltimore County Bar Association
VOLUME XIX, NO. 11                                                                              June 2010

                                PRESIDENT’S MESSAGE
                                BY C.   WILLIAM “BUD” CLARK
About Hope and Remembrance             heart-warming memories involve
                                       the outpouring of support and
On a Spring day in 1970, I had the     generosity you gave to Mike
pleasure of attending a small          Radcliffe, his family and our
luncheon at The Ohio State             efforts for the Packard Center - at
University (my alma mater) in          the guest bartender event, the bull
honor of Bob Hope, that year’s         roast, and at Law Day. To hear
commencement speaker. I recall         Mike’s words of appreciation for
thinking at the time, and more so      all you have done brings a lump to
now, what a Great American he          my throat and a tear to my eye. I
was. A comedian, actor and             hope we all will keep him and his
entertainer well versed in world       family in our thoughts and prayers.
travel and world events, when he
spoke he made you feel a part of       The most encouraging memories
the various activities he described    emerge from the time I spent             Inside This Edition
as he passed along his message of      working with and getting to know
the day. Toward the latter part of     the Young Lawyers, and the recent
his career, he began many a show,      Young Lawyer alums participating
particularly on USO tours, by          in projects, events, in committee        Advertisers Index        Pg   27
                                                                                Bench/Bar Corner         Pg   13
striding to the stage in casual        meetings, and at happy hours. We         Calendar of Events       Pg   3
clothing, carrying a golf club, to a   have an excellent cadre of               Civil Law Update         Pg   21
familiar tune. In a 1938 film, Hope    members in those age groups who          Committee Reports        Pg   18
sang a song which won an               I believe will carry on the work,        County Council Update    Pg   10
Academy Award for Best Original        and honor the traditions, of the         CourtCall - Balto City   Pg   17
                                                                                Criminal Law Update      Pg   23
Song      titled “Thanks for the       Association for years to come.           Family Div Assignments   Pg   5
Memory” which became so                                                         Lawyer Referral Info     Pg   5
identified with him, it became his     The     most     productive    and       Law Day Breakfast        Pg   11
theme song.                            worthwhile memories stem from            Law Library Tech News    Pg   13
                                       the hard work of the Executive           Lawyers Assistance       Pg   4
                                                                                Member Classified Ads    Pg   28
So, at the commencement of my          Council and the Strategic Planning       Member News              Pg   15
term as Immediate Past President, I    Committee in examining the state         Packard Center Award     Pg   7
thank the Association and its          of the Association, and charting a       Preserving History       Pg   26
members for the wonderful              course for our future development.       Tennis Anyone?           Pg   14
experiences I’ve had this year                                                  YL Bull Roast            Pg   8
serving as your President. The most
                                                      Continued on page 4 ...
                            EXECUTIVE DIRECTOR’S MESSAGE
                                               Doris D. Barnes

I hope to see you in Ocean City at the 2010 MSBA Annual Meeting and Conference, June 9th-12th, at the
Clarion Resort Fontainebleau Hotel. Please make sure to stop by Cabana 202 around the indoor pool, where
you will find the absolutely finest Hospitality Suite! As usual, it will be staffed and sponsored by ICS
Insurance with Ruth Sliviak. I understand Monti will be attending his high school reunion (although he is not
sharing the year of his graduation!).

Annual Golf Outing, Monday, June 7th, Country Club of Maryland
At the suggestion of Bud Clark, the BCBA Annual Golf Outing will be raising funds for The First Tee
Baltimore, whose mission is to impact the lives of young people by providing learning facilities and
educational programs that promote character development and life-enhancing values through the game of
golf. We will have a Putting Contest before lunch and tee off, and a Beat the Pro Contest. Also, in addition to
selling Mulligans, you can purchase a Tee Buster which will allow men to tee off from the women’s tee, and
women to tee off from the beginning of the fairway (one per person, one time only during the game).

After last fall’s well-attended, successful program, the BCBA Solo & Small Firm and Professionalism
Committees will co-host another Hanging Out a Shingle, Developing a Rewarding Solo/Small Firm Practice
program with the MSBA and Pat Yevics on Saturday, July 17, 2010, 8:30 a.m. - 4:00 P.M. at the Sheppard
Pratt Conference Center, 6501 North Charles Street. Registration is being handled through the MSBA, and
you can register online at

                                                    Regards, Doris

THE ADVOCATE                                        Page 2                                 JUNE 2010
  2009-10 Officers                                    C ALENDAR                OF    E VENTS
 President        C. William Clark
 Pres-Elect Hon. Alex Wright, Jr.
                 Edward J. Gilliss
                Robert W. Lazzaro                                    June 2010
                                         3    State, Local Laws & Zoning: A View From The Bench(es), Country
  Executive Council                              Club of Maryland ☺
       Hon. Philip N. Tirabassi
           T. Wray McCurdy               7    Annual Golf Outing, Country Club of Maryland, 12 noon-Lunch;
       Hon. Vicki Ballou-Watts
          Robert J. Thompson                     1:00 P.M. Shotgun Start ☺
           Adam T. Sampson
            Keith R. Truffer             8    Executive Council Meeting, 8:00 a.m., Room 363, County Courts Building
  Dana O. Williams, Immed. Past Pres.
    Christine S. Britton, YL Chair       8    Pro Bono Committee Meeting, 4:30 P.M., Levin & Gann
                                         9    Solo & Small Firm Lunch, Northwest, 1:00 P.M., Harryman House
                                         9-12 MSBA Annual Conference, Ocean City. If you are attending, please
       The Advocate
    David F. Luby, Editor                        remember to stop by the BCBA Hospitality Suite, Cabana 202
     Robert C. Lidston                   22 Solo & Small Firm Lunch, Towson, 12:00 P.M., 7 West Bistro Grille
      Doris D. Barnes                    24 Stated Meeting, Courtroom 12, County Courts Building. Reception
      Associate Editors
                                                 immediately following, sponsored by the Young Lawyers Committee☺
   Contributing Writers                  29 Retirement Reception for Hon. Darryl Fletcher, 6:00 P.M., Manor Tavern ☺
          Master Terri Beck
           Kathy M. Blue                                             July 2010
      Francis X. Borgerding, Jr.
         Christine S. Britton            5   COURTS and BAR OFFICE CLOSED, in observance of Independence Day
           Kelly B. Burke
        Robert K. Erdman, Jr.
          Edwin G. Fee, Jr.                                  ☺Flyer included in this issue
         Rebecca A. Fleming
         Katherine D. Fones
        Stanford G. Gann, Jr.
         Richard Grason VI                              The Advocate is available online the
        Louis E. Grenzer, Jr.
           Thomas Hood                           FIRST of every month in the Members Only area.
         Kevin B. Kamenetz                      It can also be found on the Home Page, which does
         Wendy A. Meadows
           Cecilia B. Paizs                             NOT require username and password.
           Michael W. Siri                            Look for The Advocate, Monthly Issues
          Keith R. Truffer
        Laurie M. Wasserman                            & FLYERS Online to link to all issues.
          Catherine Woods
         Matthew P. Woods
 The Advocate is a monthly
 publication of the Baltimore County
 Bar Association informing its
 members about current events
 relating to law. Articles do not
 necessarily reflect the official                      ALL Advocate Writers - PLEASE NOTE
 position of the Bar Association, and
 publication does not constitute an
 endorsement of views which may
 be expressed.                                          The deadline for article submission will
 The contents of advertisements are                  be the 5th of the month preceding publication,
 the responsibility of the advertisers
 and do not represent any                                         effective immediately.
 recommendation or endorsement by
 The Advocate.
 Publication Deadline: 10th of the                                       Thank you!
 month preceding publication.

THE ADVOCATE                                             Page 3                                 JUNE 2010
   PRESIDENT’S MESSAGE                                                 ARE ALCOHOL AND DRUGS CAUSING
                                                                            PROBLEMS IN YOUR LIFE?

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

The fruit of that labor will be borne in the next               BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM
                                                              A CONFIDENTIAL resource for Baltimore County attorneys,
couple of years under the able hands of Judge Alex                           assistants and judges.
Wright and his successors. We also made great
                                                             WE DO NOT KEEP RECORDS. Our sole purpose is to
strides in technology and marketing with the Lawyer          provide help. We can assist with providing access to treatment
Referral Service, aided by our Director, Rachel              facilities and provide emergency practice management, as well as
Ruocco. Thanks also to the Committee Chairs for              referrals to professional counselors.
their fine programming and events.                                    JAY MILLER, Chair           410-583-6969
Of course, I saved the best for last: the countless                   JOE MURTHA, Vice-Chair      410-583-6969
hours, emails, meetings and events with our                           STUART AXILBUND             410-337-0606
Executive Director. We would not have succeeded                       JIM BEACH                   410-241-8538
in any of this, but for the outstanding efforts of                    HON. ALFRED L. BRENNAN, SR. 410-825-2413
                                                                      CHRISTINE BRITTON           410-581-2587
Doris Barnes. The success of the BCBA lies at the                     MARY CHALAWSKY              410-649-2009
center of her heart and occupies the foremost spot in                 ANDY COOPER                 410-727-0360
her brain. One cannot hope to perform well as your                    FRANCIS LANASA              410-583-6969
                                                                      RICHARD LYNAS               410-821-1099
President     without    the    constant    support,                  JOSEPH LYONS                410-583-8300
encouragement, effort and ideas that she provides.                    GERARD MILES                443-589-0150
                                                                      JOSE MOLINA                 443-851-7353
So, as I retire to the clubhouse, humming a familiar                  JIM QUINN                   443-703-3041
                                                                      HON. PHILIP N. TIRABASSI    410-512-2323
tune, I say to all “…thanks for the memories.”                        RICHARD VINCENT             443-703-3040
                                                                 You may also contact the LAP Committee at
 See you ‘round the Courthouse, Bud                               

THE ADVOCATE                                        Page 4                                           JUNE 2010
   FROM THE BENCH …                                  LRIS DIRECTOR’S
         Hon. John G. Turnbull II
     Circuit Administrative Judge and
       County Administrative Judge                                367 referrals made in April.

                                                                   Please remember to renew your
                                                                   LRIS membership.             Panel
   FAMILY DIVISION ASSIGNMENTS                                     registration forms were included in
                                                                   the June issue of The Advocate,
The following Judges will serve in the                             and can also be found at
Family Division effective October 1, 2010:                under Attorney
                                                                   Resources, then Lawyer Referral
                                                                   Information Service. In order to
          Judge Robert N. Dugan              remain on the panel lists - and continue to receive
         Judge Mickey J. Norman              referrals after June 30th - you must renew each year.
         Judge Timothy J. Martin
                                             If you have not completed your screening requirements
          Judge Sherrie R. Bailey            for the 2009-2010 year, please sign up now. Go to
           Judge S. Ann Brobst      and register if you haven't done so
          Judge John J. Nagle III            already. Then view the calendar and sign up for phone
                                             screening shifts.

                                                             Rachel Ruocco

THE ADVOCATE                             Page 5                                 JUNE 2010
THE ADVOCATE   Page 6   JUNE 2010

                   Please Join Us To Celebrate With
                        Hon. Darryl G. Fletcher
                         as he retires from the
                      District Court of Maryland
                         For Baltimore County                  de
                                                             lu ue!
                         ** SAVE THE DATE **               nc s
                                                        r i s is
                                                     ye i
                       Tuesday, June 29, 2010     F l n th
                             Manor Tavern

                                                by Robert K. Erdman, Jr.

On Friday, March 26th, the Packard Center for ALS             Along with the BCBA and the Radcliffe Family,
Research at Johns Hopkins hosted its “Partners in             Richard McCready and Dorsey Baldwin were
Collaboration Reception” at the Baltimore Marriott            honored for their fundraising efforts in an event
Waterfront Hotel, honoring and recognizing those              commemorating the 50th Anniversary of the “Greatest
who, through commitment and dedication, were                  Game Ever Played” – the 1958 NFL Championship
instrumental in assisting the Center accomplish its           Game between the New York Giants and the
mission.                                                      Baltimore Colts. The third honoree was Anne
                                                              Campbell, who spent 50 days riding her bicycle from
The Baltimore County Bar Association, Michael                 Oregon to New Hampshire (3,629 miles), raising
Radcliffe and the Radcliffe family, collectively, were        more than $50,000.
one of the reception’s three honorees. Master of
Ceremonies and medical director of The Packard
Center, Jeffrey Rothstein, M.D., Ph.D., expressed his         John Harbaugh, head coach of the Baltimore Ravens,
gratitude to the BCBA and to the Radcliffes for all of        commended all of the evenings’ honorees,
their efforts. He was particularly impressed by the           specifically acknowledging the efforts of each,
success of this year’s Young Lawyers’ bull roast, and         through a very special video introduction. The
the fact that “Team Radcliffe” was the largest team of
                                                              Ravens have partnered with the Packard Center to
runners (140) in last year’s Fiesta 5K.
                                                              support O.J. Brigance, a member of Ravens’
BCBA President, C. William “Bud” Clark, graciously            championship team in 2000 and the team’s current
accepted the crystal award on behalf of the bar,              Director of Player Development, who is battling
noting that raising money and awareness for ALS               ALS.
research was the best way to honor Mike Radcliffe.

THE ADVOCATE                                          Page 7                                  JUNE 2010
                                             by Christine S. Britton

The Young Lawyers Committee’s Annual Bull and Oyster Roast was held on
Sunday, March 7, 2010 at the Towson American Legion. Each year the Young
Lawyers Committee hosts the bull roast to raise money for a particular charity. This
JOHNS HOPKINS in honor of BCBA Member Michael Radcliffe, who was also able
to attend the Bull Roast.

Despite the competition from the unexpected, spring-like weather, the event exceeded
expectations with over 250 attendees who came together to enjoy great food, drinks,
games and more in the name of very worthy charity. The event was very well
attended by the BCBA, with many Executive Council members in attendance. Also
                                     in attendance were several Baltimore County
                                     judges, including Judges Bailey, Ballou-Watts,
                                     Brobst, Cadigan, Daniels, Ensor, Foos, Nagle, Norman, Wright,
                                     Williams, and Judge Evans of the Orphans Court, as well as friends and
                                     volunteers from The Packard Center.

                                      The event once again featured Baltimore County’s favorite jesters, The
                                      Jokesters, who perform yearly and entertained the children with jokes,
                                      balloon creations and other antics. Musical entertainment came from
                                      The Mighty, Mighty Barristers who rocked the crowd with lively
                                      tunes all afternoon. The money wheel and stuffed animal wheel were
                                      also huge hits with adults and kids alike.

                                      As in year’s past, one of the favorites of the Bull Roast is the Silent
Auction, which gave attendees the opportunity to bid on Orioles, Blast, and Circus tickets, Ravens
Memorabilia, a Hotel Hershey getaway and much, much more. The auction offered something for everyone
and every budget. In addition, there were five raffle items including gift certificates, gift baskets and a
decorative hose holder, perfect for Spring. The 50/50 raffle was a huge hit as well, with the winner receiving
nearly $300. As usual, the event was a fun-filled, family-friendly afternoon for everyone in attendance.

THE ADVOCATE                                         Page 8                               JUNE 2010

   BUSINESSES THAT SPONSORED THE                     Hospital Support Services (Orioles Tickets)
      SILENT AUCTION PROGRAM:                                       Hotel Hershey
                                                                     Jos A. Banks
              Bollinger Roofing                            Wally Kleid (John Waters Poster)
     Baltimore County Sitting Judges Slate                         Ladew Gardens
                                                                   Luckie’s Tavern
  THE SILENT AUCTION COULD NOT BE                                        MAC
        POSSIBLE WITHOUT THE                              Mary Kay Cosmetics c/o Pat Loss
   GENEROSITY OF THE FOLLOWING                              The Maryland Science Center
           CONTRIBUTORS:                                   The Maryland Zoo at Baltimore
                                                     Sam Moxley (Ruth’s Chris Gift Certificate)
               1st Mariner Arena                            Betty Mullikin (Hose Holder)
                    7 West                                          Mustang Alley
                Baltimore Blast                                  Outback Steakhouse
      Baltimore Coffee & Tea Company                 The Packard Center (Ravens Memorabilia)
          Baltimore Streetcar Museum                                 Panera Bread
        Baltimore Symphony Orchestra                           Piney Branch Golf Club
    Doris Barnes (Handmade Ravens Bag &                           Radebaugh Florist
                Baltimore gifts)                            Reliable Churchill Distributors
           Build a Bear Workshops                      Rocky Bottom Stables & Debra Schubert
        Joyce Clark (Golf Club Ducks)             Royston, Mueller, McLean & Reid (Orioles Tickets)
               Cookies by Design                            Sparrows Point Country Club
                    Costco                                          Spirit Cruises
         Earth Treks Climbing Centers                              Tease Me Salon
            Greystone Golf Course                  Towson Golf & Country Club & Kris Howanski
                Greystone Grill                                    Troyer’s Liquors
         High Topps Backstage Grille                   Tydings & Rosenberg (Orioles Tickets)

THE ADVOCATE                                 Page 9                            JUNE 2010
                               COUNTY COUNCIL UPDATE
                                            by Kevin B. Kamenetz, Esquire
                                             Councilman, Second District

Recent events of interest include the following:           $205,516 over the entire eleven month term including
Department of Corrections
                                                           Substance Abuse Treatment Programs
On January 13, 2010 Aramark Correctional Services,
who currently provides food services within the            Approval has been granted by the County Council for
detention center, was awarded a contract to operate a      amendment to four substance abuse treatment services
commissary within the center. The Commissary               allowing extension of each contract by one year through
Account Program will operate within a designated           June 30, 2011. Three of the contract terms increase
rental space within the Detention Center, offering         from ten to eleven years, while the fourth increases from
inmates the opportunity to purchase such items as          twelve to thirteen years. Estimated compensation for the
snack foods and personal hygiene items. As a direct        additional year of the four contracts increases estimated
result of the new contract, the FY 2010 rent revenue       compensation over the entire amended terms from
will be increased from 9% of total sales previously        $32,023,302 to $35,967,587.
held with Maryland Business Enterprise Program to
44.1% with Aramark. The department has advised that        This measure is being necessitated by the uncertainty of
minimal price increase for commissary items will be        the FY 2011 grant from the State of Maryland
passed along to inmates.                                   Department of Health and Mental Hygiene, Alcohol and
                                                           Drug Abuse Administration (ADAA). The ADAA is
The proposed supplemental appropriation of $140,000        currently restructuring grant funding to local
will increase the department’s revised estimated           jurisdictions. This process is expected to extend into FY
amount to $248,000 as a result of the Aramark              2011 and possibly through FY 2012. As a result of
contract. These funds will be used to provide supplies     ADAA restructuring it will be difficult to issue a
along with additional substance abuse treatment            Request for Proposals adequately reflecting funding
services. These services, provided by Gaudenzia,           available, therefore the Department of Health Bureau of
consist of residential substance abuse treatment           Behavioral Health must seek extension of the current
(RSAT) in a therapeutic setting to those eligible. It is   terms in order to continue services.
estimated that approximately 1,300 inmates will
benefit from RSAT services during FY 2010. The             Currently services to individual, group and family
$407,977 operational grant, previously funded by the       therapy; medication management; addiction education
Governor’s Office of Crime Control and Prevention          and relapse prevention; vocational assistance as well as
for this program expired March 31, 2010.                   referral to ancillary services are being provided by
                                                           Alcohol and Drug Treatment, Inc, First Step, Inc.;
Temporary Women’s Shelter                                  Friends Research Institute, Inc., d/b/a Epoch Counseling
                                                           Center; and Glass Mental Health Foundation, Inc.
 A contract with Modular Genius, Inc. to lease five
modular trailer units as temporary shelter for residents   Board of Appeals Appointment
of the Hannah Moore Shelter has been approved. An
anticipated eight-month renovation project of the          Confirmation by the County Council for the
facility will require temporary shelter able to house up   reappointment to the Board of Appeals has been made
to 100 residents. The Hannah More Shelter currently        on behalf of respective councilman:
provides temporary housing for 80 residents, including     Mr. Lawrence Wescott reappointed by Councilman
married and single women, husbands and children in         Bryan McIntire
need of shelter for various reasons. This contract         Mr. Andrew M. Belt reappointed by Councilman Vince
continues for eight months, and will automatically         Gardina
renew for one additional three-month period in one-        Mr. Lawrence M. Stahl reappointed by Councilman
month increments with compensation not exceeding           Kevin Kamenetz

THE ADVOCATE                                           Page 10                                JUNE 2010
                LAW DAY BREAKFAST:
                                                  by Laurie M. Wasserman

In 1958, President Dwight D. Eisenhower established
May 1st, Law Day, as a day of national dedication to
the principle of government under law. Law Day
2010 provided us with an opportunity to understand
and appreciate the emerging challenges confronting
our world—and the law—in the 21st century, while
reaffirming legal traditions.

Approximately 100 members of the Baltimore
                                                                     Judge Kathleen Cox, John Cox, Lisa Settles and
County Bar Association celebrated Law Day on April                              Judge Alexander Wright
30, 2010, by holding its annual breakfast at the
Valley Mansion in Cockeysville. Distinguished                 Infusing his usual wit and charm, Judge Tirabassi
guests included State’s Attorney Scott Shellenberger,         spoke about the changes in the practice of law as it
Court of Special Appeals Judge Alexander Wright,              seeks to shape and adapt to new conditions, including
Circuit Court Judges Sherrie Bailey, Ann Brobst,              the revolution of technology. He reminded us of the
Robert Cahill, Kathleen Cox, Judy Ensor, John Nagle           emerging challenges technology provides for lawyers,
and Mickey Norman, Masters Beck and Dawson,                   especially when communicating with one another.
Orphans’ Court Judges Colleen Cavanaugh, William              For example, many lawyers communicate almost
Evans and Theresa Lawler, Register of Wills Grace             entirely “wireless,” while others have never used e-
Connolly, Retired Judges Al Brennan, Sr., Barbara             mail, and prefer the “lost art” of putting pen to paper.
Howe, Dana Levitz, and District Court Judges Philip           In fact, Judge Tirabassi commented that he managed
Tirabassi and Sandy Williams.                                 to use every form of technology known to man while
                                                              writing his Law Day speech.
Before the program began, attendees were treated to a
wonderful assortment of food and musical                      When discussing legal traditions, Judge Tirabassi
entertainment from the Randallstown High School               stressed that, during these changing times, it is crucial
Jazz Band. The Honorable John J. Nagle, III acted as          that the judiciary remain independent and follow the
the Master of Ceremony and The Honorable Sherrie              rule of law, even if it means making an unpopular
R. Bailey provided the Invocation. Greetings and              decision. The judiciary branch is often the least
Introduction of the Keynote Speaker, The Honorable            understood branch of government, especially given
Phillip N. Tirabassi, came from C. William (Bud)              its enormous power to shape and interpret the laws.
Clark, President of the Baltimore County Bar                  Therefore, the public must be educated about the
Association.                                                  independence of the judiciary, and understand that
                                                              just because one is dissatisfied by a judge’s ruling, it
                                                              is no excuse to make threats of impeachment or
                                                              relating to a judge’s personal safety.

                                                              Rebecca A. Fleming, Chair of the Law Day
                                                              Committee, delivered closing remarks and a gift of
                                                              appreciation to Judge Tirabassi. Thank you to Becky,
                                                              the members of the Law Day Committee, and the
                                                              program sponsors, for providing the Bar with an
      BCBA President Bud Clark, Rebecca Fleming               excellent and informative program.
             and Judge Philip Tirabassi

THE ADVOCATE                                              Page 11                                       JUNE 2010
THE ADVOCATE   Page 12   JUNE 2010
                                  BENCH/BAR CORNER
                                                by Wendy Zerwitz

♦   REMINDER TO ALL BENCH/BAR COMMITTEE MEMBERS: Our final meeting will be Thursday,
    June 3, 2010. There are no meetings in July or August. The new Committee will meet on Thursday,
    September 2, 2010.
♦   The Bar Library will be closed June 1-15. All requests for equipment rentals should be made to Doris
    Barnes. Beginning June 15, the library will be relocated to the second floor.
♦   Uncontested divorce hearings will be held on Tuesdays and Fridays in the Settlement Hearing Room.
♦   Beginning July 1, 2010, Glenn Grossman will replace the retiring Mel Hirshman as Bar Counsel.
♦   The Baltimore Fugitive Safe Surrender program will be offered June 16-19 and involves district court
    warrants only. The Circuit Court is not participating.

                    LAW LIBRARY @ TECH EXPO 2010
                                                 by Scott Stevens

It was great to see so many familiar, as well as new,    EEOC compliance, Occupational Safety, etc.) to
faces at this year’s Technology Expo hosted by the       CCH’s “Disabilities and Management Guide,”
Baltimore County Bar Association. For those of you       “Pension Plan Guide,” Federal & State Tax Reporters,
who couldn’t make it to the exhibition, the Law          etc.). The Law Library offers these comprehensive
Library demonstrated its multi-purpose audio-visual      services FREE to search on-site. When searching for
presentation device, a/k/a NOMAD, to your                that elusive information or point of law, it helps to
colleagues. NOMAD is a one-stop device that              have the power-searching capabilities of these
projects it all: VHS, DVD, documents, white board,       databases available. And you do! At the Law Library.
your laptop. What evidence can be shown with             If you would like an introduction to the capabilities of
NOMAD seems limited only by imagination. If you          these databases, please contact Scott.
missed the Tech Expo and would like to see what
this technological marvel can do for you, please set     Recognizing that the preponderance of electronic
up an appointment with Scott (410-887-3086 or            evidence continues to grow, the library recently added                         several treatises to our collection on this topic.
                                                         Especially notable is the MICPEL Electronically
If NOMAD isn’t your cup of tea yet, then stop by         Stored Information in Maryland and Federal Courts
the library to try out our expanding online resources.   by the Honorable Paul W. Grimm and Lisa M. Yurwit,
Contrary to popular belief, libraries are NOT about      Esquire. Among other things, this book discusses
books. Libraries are about information. And the          electronic evidence in relation to Maryland and
Baltimore County Law Library holds the                   Federal rules. Most importantly, the book contains
information most Bar members need. Our West®             “An Admissibility Checklist for Electronic Evidence.”
and Lexis® subscriptions are particularly useful for     This book is a “must read” for anyone needing to use
the solo and small firm attorneys. Additionally, we      or wanting to learn more about electronic evidence in
freely offer a range of resources from RIA with great    Maryland Courts. Ask for this Maryland MICPEL at
material such as the excellent Hill & Mancino:           the Reference Desk.
Taxation of Exempt Organizations and a large
selection of pension and benefits material, to BNA’s     Let the Baltimore County Law Library be your first
Tax Management Portfolios, Law Reporters                 stop on the road to e-litigating with the equipment and
(Family, Bankruptcy, Health, Criminal, etc.), and        information you need to win your case.
labor & employment treatises (Employment rights,

THE ADVOCATE                                         Page 13                                JUNE 2010
          Baltimore County Bar Association

                   TENNIS LADDERS
                 Go to GLOBAL TENNIS NETWORK online
                            Join a ladder, based on your level:

                          ----------WOMEN ----------
                                    Women’s Doubles
                                Singles - Women under 4.0
                                 Singles - Women over 4.0

                              ----------MEN ----------
                                      Men’s Doubles
                                  Singles - men under 4.0
                                  Singles - men over 4.0

                 ----------MIXED DOUBLES ----------
                               No rankings
 COURTS - The challenger will select a court and make payment arrangements, if necessary.
      The challenger will confirm the payment arrangements with the challenge.
                          The court cost will be split 50-50.

 You may play anywhere; if you need an indoor court, you may play at Greenspring Racquet
                      Club 410-821-5683 ($27.00 per court/ hour)

                 Please report all scores ONLINE at Global Tennis Network

    After Labor Day we will have a party at Greenspring Racquet Club and award prizes

       Questions - Joe Williams     410-938-8666

THE ADVOCATE                               Page 14                          JUNE 2010
                                  MEMBER NEWS
      Congratulations !                                    to Diana B. Denrich and her husband,
                                                           Aharon on the arrival of their daughter,
         Hon. Joseph F. Murphy, Jr.                        Madeline Sarah, who arrived on March
  who received THE BENJAMIN L. CARDIN                      12, 2010 at 12:49 P.M. She weighed 7
                                                           lbs, 8 oz. and was 20 3/4 inches long.
University of Maryland School of Law Alumni
 The Benjamin L. Cardin Public Service Award is
  presented to an alumnus who has demonstrated
    significant and substantial contributions to
   furthering ideals of public service in the law.

   Judge Murphy ‘69, has served on the state trial
  bench for 25 years. In 2007, he was appointed to
the Second Appellate Circuit of the Maryland Court
  of Appeals after having served on the Maryland
  Court of Special Appeals and the Third Judicial
   Circuit of the Baltimore County Circuit Court.               Mom, Dad, big brother Gabe and
   Judge Murphy has vast experience in the legal                Madeline are all doing very well!
    profession, and has taught trial practice at the
         School of Law for nearly 30 years.

                                                                      Save the Date

      She said YES!        Congratulations
                                                                Thursday, June 24th
   Elizabeth Reese (judicial law clerk to Judge                          4:30 P.M.
   Dugan) and Frank V. “Bo” Boozer, Jr. on

                                                               Annual Stated Meeting
   their February engagement! They are both
   from Baltimore County, and currently
   reside in Towson.
                                                                 and Installation of
                                                                  New Officers &
                                                                 Executive Council
                                                                         Courtroom 12
                                                                County Courts Building, Third Floor
                                                                   401 Bosley Avenue, Towson
                                                                       Reception immediately
                                                                      following, sponsored by
                                                                         the Young Lawyers

THE ADVOCATE                                         Page 15                            JUNE 2010
                    Hope’s Heroes 5K -                                             Saturday, June 5, 2010

                    This cross-country style race benefits Athlete’s Serving Athlete’s.

                    For more information and to register, please visit

If you would rather volunteer for this race, please contact Wendy Meadows
(, as volunteers are needed.

           Now available for:                                 WORKERS’ COMP LAW FIRM, L.L.C.,
                                                               Matt M. Paavola, Managing Partner
       Arbitration, Mediation, and                                 2113 Orems Road, Baltimore, MD 21220
      Guided Settlement Discussions                                   410-574-8000; 410-574-6884, fax

       JUDGE LARRY DANIELS                                    Website:
          Former Associate Judge,
     Circuit Court for Baltimore County.                MATT M. PAAVOLA has been practicing in the Greater
                                                        Baltimore area for over 24 years. He is a former
               Competitive Rates.                       Governor of the MAJ. He is willing to conduct the initial
                                                        interview in your office. WCC appeals are welcomed.

THE ADVOCATE                               Page 16                                          JUNE 2010
                                  M E M O RAN D U M

   TO:               All Counsel
   FROM:             Circuit Court for Baltimore City
   RE:               CourtCall Telephonic Appearances
   DATE:             June 2010

   Several Judges of the Circuit Court for Baltimore City have joined a growing number of Judges
   in Maryland and around the country in using CourtCall, to conduct telephonic appearances by
   counsel ("CourtCall Appearances"). In our courtrooms, CourtCall Appearances may generally
   be made for all non-evidentiary appearances including Pre-trial Proceedings, Motions, and
   Status/Management Conferences. As each Judge may have individual restrictions, please
   contact CourtCall for details. CourtCall is providing equipment to enhance the process. It is
   our hope that by making the process more uniform, your practice will become more productive
   and enjoyable and the cost of litigation will be further reduced.

   Counsel may make a CourtCall Appearance by serving and filing with CourtCall (not the
   Request for Telephonic Appearance Form and paying a fee of $55.00 for each CourtCall
   Appearance. An exception to this rule is granted for calls to any Postponement Court. The
   request in these cases may be made up to four (4) hours in advance of the time of
   Postponement Court. There are no subscription fees.

   A CourtCall Appearance is made as part of a Court's regular calendar and all counsel who have
   timely filed their request form and paid the fee may appear by dialing the Courtroom’s dedicated
   toll free teleconference number, and access code (if any) which will be provided by
   CourtCall, LLC on the confirmation sent to your office. A pre-hearing check-in will occur
   five minutes prior to the scheduled hearing time. A CourtCall Appearance is voluntary and may
   be made without consent of the other party, and the Court continues to reserve the right to reject
   any request.

   You may obtain additional information by calling the CourtCall Program Administrator,
   CourtCall at (310) 342-0888 or (888) 882-6878.

                          For information about CourtCall,
                      please call CourtCall, not the Courtroom!!

THE ADVOCATE                                     Page 17                              JUNE 2010
                           COMMITTEE REPORTS
          The 2009-2010 Committee List is available online at

               ADR COMMITTEE                                        CRIMINAL LAW COMMITTEE
            CHAIR, ROBERT H. WOLF                                       CHAIR, WENDY ZERWITZ
    410-685-0990; RHW@ALPERSTEINLAW.COM                           410-288-9303; WENDY@ZERWITZLAW.COM

Please check this space in the next issue for             July 22, 2010.    4:30 P.M., Grand Jury Room.
notice of the committee planning meeting.                 PLANNING MEETING for next year’s programs.

             CHAIR, DAVID F. LUBY                                  ENTERTAINMENT COMMITTEE
        410-823-1800; DLUBY@RMMR.COM

This committee met on May 13th, welcoming some new
                                                          June 7, 2010. 12 noon Lunch; 1:00 Shotgun
writers, and assigned articles. However, it’s never too   Start. Annual Golf Outing. Country Club of
late to volunteer!                                        Maryland. Flyer included in this issue.

Please feel free to communicate any questions and/or      June 29, 2010. 6:00 P.M., Manor Tavern.
concerns with Dave Luby, and to volunteer to write any    Retirement Reception for Hon. Darryl G. Fletcher.
articles.                                                 Flyer included in this issue.
          BENCH/BAR COMMITTEE                             July 14, 2010.    4:30 P.M., Grand Jury Room.
                                                          PLANNING MEETING for next year’s programs.
      410-823-1800; KTRUFFER@RMMR.COM

This Committee meets the second Thursday of every
                                                                  ESTATES & TRUSTS COMMITTEE
month, September through June. Please communicate                    CHAIR, ALFRED L. BRENNAN, JR.
any issues and/or concerns to Keith Truffer.                    410-687-3434; ALB@BRENNANLAWYERS.COM

                                                          June 21, 2010.     4:30 P.M., Grand Jury Room.
                CLE COMMITTEE                             PLANNING MEETING for next year’s programs.
             CHAIR, LARRY J. FELDMAN
     410-356-6555; FELDMANLAW@VERIZON.NET
                                                                     FAMILY LAW COMMITTEE
                                                                      CHAIR, ANTHONY T. BARTLETT
June 28, 2010.     4:30 P.M., Grand Jury Room.                   410-561-3000; ABARTLETT@MWBLAW.NET
PLANNING MEETING for next year’s programs.
                                                          June 22, 2010. 4:30 P.M., Grand Jury Room.
 CONSTITUTION & BYLAWS COMMITTEE                          PLANNING MEETING for next year’s programs.
      410-321-0600; SGANNJR@LEVINGANN.COM                          FEE ARBITRATION COMMITTEE
Please communicate any issues for consideration and/or                 CHAIR, STEVEN A. ALLEN
review to Chair Stan Gann.                                          410-938-8800; SALLEN@HPK.COM

                                                          August 24, 2010. 4:30 P.M., Grand Jury Room.
                                                          PLANNING MEETING for next year’s programs.

THE ADVOCATE                                          Page 18                           JUNE 2010
                           COMMITTEE REPORTS
           HISTORICAL COMMITTEE                                     LAWYERS ASSISTANCE COMMITTEE
            CHAIR, WILLIAM A. BEALE                                          CHAIR, JAY D. MILLER
       410-337-2530; WILLBEALE@AOL.COM                              410-583-6969; JAYMILLER@MMPLEGAL.COM
The Historical Committee encourages submission of               A CONFIDENTIAL resource for Baltimore County
anecdotes about older members of the Bar and/or judges,                attorneys, assistants and judges.
to be published -- only with attribution -- in The
                                                              WE DO NOT KEEP RECORDS. Our sole purpose is
Advocate. If you wish to offer such anecdotes, please
                                                              to provide help. We can assist with providing access to
forward them to Bill Beale.
                                                              treatment facilities and provide emergency practice
                                                              management, as well as referrals to professional
Please check this space in the next issue for
notice of the committee planning meeting.
                                                              See page 7 for contact information, or email
                                                     Referrals and contacts are kept
             LAW DAY COMMITTEE                                strictly confidential.
   410-823-1250; RFLEMING@BODIENAGLE.COM                      Please do not hesitate to contact anyone on the
                                                              committee for assistance, to refer a colleague, or for
July 12, 2010.   4:30 P.M., Grand Jury Room.                  general information.
PLANNING MEETING for next year’s programs.
                                                                LONG-RANGE PLANNING COMMITTEE
                                                                             CHAIR, JUSTIN J. KING
      LAWYER REFERRAL COMMITTEE                                       410-337-3755; JKING2@COMCAST.NET
     410-821-2910; SFARACE@FSLAWOFFICE.COM                    No meetings are currently scheduled for this
It’s RENEWAL time … forms are included in this
issue, and they are available online (,
Attorney Resources, Lawyer Referral Information
                                                                         MEMBERSHIP COMMITTEE
Service.                                                                  CHAIR, LOUIS E. GRENZER, JR.
                                                                    410-823-1250; LGRENZER@BODIENAGLE.COM
September 15, 2010.       4:30 P.M., Grand Jury
                                                              July 21, 2010.   4:30 P.M., Grand Jury Room.
Room. PLANNING MEETING for next year’s programs.
                                                              PLANNING MEETING for next year’s programs.

                                                                     WELCOME NEW MEMBERS

       Please feel free to attend ANY                                          Maria Caruso
      committee planning meeting to                                            Robert Jett III
    suggest programs for the 2010-2011                                        Marsha L. Russell
   year, or email your suggestions to the                                     Scott H. Stevens
          current committee chair.

THE ADVOCATE                                              Page 19                                JUNE 2010
                          COMMITTEE REPORTS
            CHAIR, NEAL M. BROWN                                   SPEAKERS COMMITTEE
 410-821-3509; NBROWN@WARANCH-BROWN.COM                               CHAIR, BAMBI GLENN
                                                               410-853-3953; BGLENN@BAMBIGLENN.COM
Please check this space in the next issue for
notice of the committee planning meeting.               July 15, 2010.    4:30 P.M., Grand Jury Room.
                                                        PLANNING MEETING for next year’s programs.
          CHAIR, JUDSON H. LIPOWITZ                            REAL PROPERTY COMMITTEE
     410-821-6800; JLIPOWITZ@AGFLAW.COM                          CHAIR, BENJAMIN L. POLAKOFF
                                                              410-385-4284; BLP@SHAPIROSHER.COM
June 17, 2010.     4:30 P.M., Grand Jury Room.
PLANNING MEETING for next year’s programs.              June 15, 2010.     4:30 P.M., Grand Jury Room.
                                                        PLANNING MEETING for next year’s programs.
           PRO BONO COMMITTEE                           September 9, 2010. 12 noon. Legislative Update,
          CHAIR, MICHAEL L. JEFFERS                     Reverse Mortgages and Creative Financing. Grand Jury
    410-296-6705 X30; MJEFFERS@MDLAB.ORG                Room.
The BCBA and the Local Pro Bono Committees meet the
second Tuesday of every month (September through            SOLO & SMALL FIRM COMMITTEE
June, except December), 4:30 P.M. at Levin & Gann,                CHAIR, JEFFREY R. SCHOLNICK
502 Washington Avenue, Suite 800, Towson. Meetings      410-494-9944; JSCHOLNICK@HOODANDSCHOLNICK.COM
are scheduled for April 13, May 11 and June 8, 2010.
                                                        August 18, 2010.     4:30 P.M., Grand Jury Room.
Attorneys Sought to Serve on Board of Directors of      PLANNING MEETING for next year’s programs.
the Legal Aid Bureau, Inc., and/or the Pro Bono
Resource Center of Maryland. If you are interested in
serving on either of these Boards, more detailed             SOLO & SMALL FIRM LUNCH
information can be found on our website
(, Pro Bono Opportunities. A letter of
                                                             TOWSON - Third Tuesday Every Month
interest and resume must be received no later than        12 noon, 7 West (Chesapeake Avenue), Towson
April 15, 2010.                                                         No RSVP necessary.

                                                        NORTHWEST - Fourth Wednesday Every Other Month
      PROFESSIONALISM COMMITTEE                                          (even months)
           CHAIR, STUART A. SCHADT                           1:00 P.M., Harryman House OR Accents
     410-296-8870; STUARTSCHADT@AOL.COM
                                                         EAST SIDE - Second Thursday Every Other Month
Please check this space in the next issue for                              (odd months)
notice of the committee planning meeting.                  12:30 P.M., Mo’s Seafood, 7600 Eastern Avenue

                                                           Great networking and referral opportunities!
                                                           Please join us and simply pay for your order.
                                                              Check out the Solo & Small Firm Blog:

THE ADVOCATE                                  Page 20                                   JUNE 2010
  COMMITTEE REPORTS                                            CIVIL LAW UPDATE
                                                                           by Cecilia B. Paizs

            CHAIR, JENNIFER R. BUSSE                    Review of the Amicus Curiariam for May 2010
       410-832-2000; JBUSSE@WTPLAW.COM                  revealed the following cases of interest:

June 23, 2010.     4:30 P.M., Grand Jury Room.          COURT OF APPEALS:
PLANNING MEETING for next year’s programs.
                                                        Norman C. Usiak v. State of Maryland, No. 75,
                                                        September Term 2009, filed 15 April 2010, Opinion
          TECHNOLOGY COMMITTEE                          by Harrell, Glenn, Judge
           CHAIR, ADAM M. SPENCE
     410-823-5003; ADAM@SPENCEFIRM.COM                  Mr. Usiak’s behavior in the District Court disrupted
The Technology Committee explores innovate ways to
                                                        the procedure and then he left the courtroom before
provide technology resources and services to our        the proceeding was completed. The District Court
members. If you have any suggestions, please do not     judge held Usiak in contempt and issued an order to
hesitate to contact the current Chair, Adam Spence.     that effect. Mr. Usiak appealed the finding of
                                                        contempt to the Circuit Court who remanded the
August 12, 2010.     4:30 P.M., Grand Jury Room.        matter to the District Court as the District Court had
PLANNING MEETING for next year’s programs.              not specified the type of contempt. The District
                                                        Court then issued a new order summarily finding
       YOUNG LAWYERS COMMITTEE                          Usiak in criminal contempt, which order was entered
           CHAIR, CHRISTINE S. BRITTON                  3 months after the court appearance leading to the
 410-581-2587; CHRISTINE_S_BRITTON@PROGRESSIVE.COM      finding of contempt and ordering to him to pay
                                                        $250. Mr. Usiak appealed and the Circuit Court
June 2, 2010.    4:30 P.M., Grand Jury Room.            upheld the lower court’s finding. The Court of
PLANNING MEETING for next year’s programs.              Appeals granted certiorari.

June 24, 2010. 5:30 P.M., Stated Meeting                The Court of Appeals reversed and remanded the
Reception.                                              case with directions to vacate the contempt order of
                                                        11 August 2008 and dismiss the action. There are
                                                        two forms of contempt–direct and constructive–and
                                                        two types of each form–criminal and civil. Criminal
                                                        contempt serves a punitive function, while civil
                                                        contempt is remedial or compulsory and must
                                                        provide for purging. A court may charge someone
                         Softball Capt’n. Dave          with direct contempt if the contempt was committed
                         Luby is looking for a few      in the presence of the judge presiding in court or so
                         good men and women to          near to the judge as to interrupt the court’s
                         play in this year’s Annual     proceedings. Constructive contempt means any
                         Inter-County Softball          contempt other than a direct contempt. The unique
                         Tournament held in             facet of contempt law that permits summary
                         August in Prince George’s      imposition of sanctions also militates against a judge
                         County to benefit the          having two bites at the contempt apple. In effect, in
                         Carol Jean Cancer Fund.        circumstances such as occurred here, where the trial
Please contact Dave directly at          judge believes summary action is required, he or she
if you are interested. Team shirts will be available.   must get it right the first time. Here, by the time the
                                                        District Court entered the second order, the

THE ADVOCATE                                 Page 21                                        JUNE 2010
                                      CIVIL LAW UPDATE
                                                     Continued ...

justification for the summary nature of the contempt          After entry of a judgment against Griffith Energy
order had dissipated greatly. Accordingly, the Court          Services, GES sent a letter to Cochran indicating its
held that the Circuit Court erred when it affirmed the        intention to pay the judgment in full. The Cochrans
second order of contempt.                                     did not respond and then noted an appeal. GES
                                                              again sent a letter to the Cochrans indicating their
Jose Henriquez v. Ana Henriquez, Case No. 81,                 intention to pay the judgment in full. Again, the
September Term2009. Opinion filed April 13, 2010              Cochrans did not respond. The Cochrans lost their
by Battaglia, Lynne, Judge                                    appeal and GES again indicated an intention to pay
                                                              the judgment in full. Again, no response. After a
Ms. Henriquez was represented by the House of                 fourth communication, the Cochrans demanded post-
Ruth. At the time of the trial, counsel for Ms.               judgment interest to the date of payment. GES paid
Henriquez provided evidence of the legal services             the judgment amount and post judgment interest
provided to Ms. Henriquez at a reasonable hourly              through the date they felt that it terminated into the
rate. The circuit court awarded attorneys fees to be          court. The circuit court concluded that the defendant
paid to the House of Ruth and Mr. Henriquez                   had made a valid tender of the judgment three days
appealed.                                                     after the judgment was entered, that post-judgment
                                                              interest stopped accruing that day, and that the
The Court of Appeals affirmed and determined that             acquiescence rule did not apply, that post-judgment
the plain meaning of Section 12-103 permitted the             interest stopped accruing that day, and that the
award of attorneys’ fees, because “counsel fees” are          acquiescence rule does not apply.
limited only to that which “are just and proper under
all the circumstances.” The Court further noted that          The Court of Special Appeals affirmed the
the only other statutory mandate that restricts a             judgment. The communication made three days
court’s award of attorneys’ fees is contained in              post-judgment was a valid and effective tender of the
Section 12-103(b), which enumerates considerations            judgment, which ceased the accrual of post-
a court must weigh before awarding fees, to include           judgment interest as of that date. In addition, the
(1) the financial status of each party, (2) the needs of      plaintiffs would not have forfeited their appeal under
each party, and (3) whether there was substantial             the acquiescence rule by accepting the tender. The
justification for bringing or defending the                   acquiescence rule does not apply in such
proceeding. The Court further noted that to find              circumstances because its purpose is to prevent the
otherwise would foster the illogical result of                successful plaintiff from taking a position on appeal
permitting an award of fees directly to an attorney           that is inconsistent with an acceptance of the
when a party prevails in a divorce proceeding on              judgment below, which was not the case here.
fault grounds, or when a party obtains a monetary
award and could then pay the attorney, or when a
party receives alimony, but not permitting an award
of fees directly to an attorney in a determination of                       Now available for:
physical custody of children, in which each party                         Arbitration, Mediation,
“has equal constitutional rights to parent,” and at                    Guided Settlement Discussions
stake is the “best interests” of the children.
                                                                        JUDGE DANA M. LEVITZ
COURT OF SPECIAL APPEALS:                                                    Former Senior Judge,
                                                                      Circuit Court for Baltimore County,
Cochran v. Griffith Energy Services, No. 19,
                                                                     Adjunct Faculty, U of B School of Law
September Term, 2009, filed March 31, 2010.
Opinion by Eyler, Deborah S., Judge                                            410-456-4436

THE ADVOCATE                                    Page 22                                        JUNE 2010
                                CRIMINAL LAW UPDATE
                                                by Robert C. Lidston

The May Amicus contains three Court of Appeals            seizure was neither an investigatory stop nor a
opinions, only one of which is truly criminal, which      protective Terry frisk. A Terry frisk is limited to a pat-
practitioners may find useful.                            down of the outer clothing to protect an officer and/or
                                                          bystanders and is not for the discovery of evidence of
Bailey v. State, No. 10, September Term, 2009, filed      a crime. Removing the vial from Bailey’s pocket and
January 14, 2010 (opinion by Greene, J.). An officer      field testing the liquid in it amounted to a general
was on patrol in a neighborhood known for CDS             exploratory search exceeding the limits permissible
activity when he noticed Bailey, not long before          under a Terry frisk.
midnight, standing alone in the shadows of a house.
The officer asked Bailey if he lived at the house, but    The officer’s conduct was an unambiguous show of
Bailey did not answer. The officer asked a second         force and constituted a de facto arrest. The search,
time and again received no answer. As he                  then, would be valid only if the arrest was valid. A
approached Bailey, the officer noted a strong odor of     valid arrest must be supported by probable cause. The
ether coming from Bailey’s person. He then grabbed        totality of the circumstances did not provide the
Bailey’s hands, placed them on top of his head, and       officer with probable cause to arrest. Basically, Bailey
searched him. The officer’s search produced a glass       was standing next to a house, not doing anything in
vial which field tested for PCP. The officer also         particular, with an odor of ether coming from him
noted Bailey’s eyes as glossy.                            when he failed to answer the officer’s questions. These
                                                          facts would not provide probable cause for an arrest.
Charged will CDS possession, Bailey moved to              Although ether is associated with PCP, ether is not
suppress the evidence as the fruit of an illegal search   contraband by itself.
and seizure. The trial court found that the officer had
reasonable articulable suspicion to stop and question     Dove v. State, No. 40, September Term, 2009, filed
Bailey based on the odor of ether, the defendant’s        March 17, 2010 (opinion by Greene, J.). An officer
failure to answer the officer’s questions, and his        arriving on the scene of an automobile accident found
presence in a "high crime drug area." The court also      Dove lying in the median strip receiving medical
found that the officer made a valid pat-down for          attention. The officer noted that Dove had red, watery
"officer safety" and that, based on the totality of the   eyes and that a "strong odor of alcohol" was coming
circumstances, the search and seizure was valid.          from him. When questioned, Dove admitted that he
                                                          had consumed one beer earlier in the day. Dove was
Bailey was convicted of CDS possession and                taken from the scene to a hospital.
appealed to COSA. COSA decided that there was
reasonable, articulable suspicion to conduct an           At the hospital, the officer read Dove his DR-15 rights
investigatory stop based on the smell of ether, the       and asked him to submit to a blood test of alcohol
glossy eyes, Bailey’s standing "in the shadows" in a      concentration. Dove said that he did not want to take
high drug crime area, and his failure to respond to       the blood test because he didn’t like needles. He
police inquiries. COSA further held that there was        volunteered to take a breath test which the officer
probable cause for the arrest and, thus, the search       refused to give him. Dove offered to refuse medical
was valid.                                                treatment and go with the officer to the police station,
                                                          but this offer was rejected. The officer asked Dove to
The Court of Appeals reversed and remanded. The           sign the DR-15 form to acknowledge that he was
officer’s initial encounter with Bailey was not an        advised of the consequences of a refusal and Dove
investigative stop but a consensual encounter which       signed. His driver’s license was taken and he was
does not implicate the Fourth Amendment. When             issued a temporary license.
the officer grabbed Bailey’s hands, he had made a
seizure for Fourth Amendment purposes. This               Dove asked for an ALJ hearing on his mandatory

THE ADVOCATE                                   Page 23                                         JUNE 2010
                                 CRIMINAL LAW UPDATE
                                                    Continued ...

suspension for refusal to take an alcohol                  Usiak v. State, No. 75, September Term, 2009, filed
concentration test. At the hearing, the ALJ found          April 15, 2010 (opinion by Harrell, J.). Usiak, an
that the officer had reasonable grounds to believe         attorney, appeared in the district court on behalf of a
that Dove was driving while under the influence or         client charged with driving without a license. When
impaired by alcohol and that he had refused the            the case was called, the State’s Attorney moved to
officer’s request to submit to an alcohol                  place it on the stet docket. The judge asked why the
concentration test. The ALJ also found that the            state wished to stet the case. Usiak, apparently
officer had fully advised Dove of the administrative       believing that the court had no authority or discretion
sanctions for refusal. The ALJ decided that when an        other than to grant the State’s motion, interrupted the
individual is not available to take a breath test at the   discussion between the judge and the prosecutor. After
police station, the law requires that a blood test be      repeatedly objecting and interrupting the court, he left
offered. The ALJ found that the test was offered and       the courtroom without the permission of the judge
refused.                                                   while the case was still before the court. The judge
                                                           announced that the court found Usiak in direct
Dove asked for a circuit court review of the decision.     contempt of court based on his rude and disrespectful
The circuit court reversed the ALJ’s decision and          behavior.
found that it was improper to request a blood test
rather than a breath test when a suspect stated a          A week later, the judge entered a written order of
preference for a breath test due to a fear of needles.     contempt. The order stated only that the court found
It found that a blood test was not required in this        him in direct contempt and referred to findings made
incident because it was debatable whether Dove’s           in the transcript of the earlier proceedings. Usiak
injuries required him to go to a hospital, given that      appealed to the circuit court which vacated the written
he was conscious, aware, and refusing medical              order of contempt because it did not comply with
treatment at the scene. It also noted the Legislature’s    Maryland Rule 15-203 in that it did not specify
preference for breath tests over blood tests. The          whether the contempt was civil or criminal and did not
circuit court found that Dove did not make a               specify the evidentary basis of the contempt. The
knowing and voluntary refusal of the alcohol               circuit court remanded the case to the district court.
concentration test because he believed that signing
an acknowledgement of refusal was a prerequisite to        About three months after the original contempt order
his receiving medical treatment. The court also            was entered, the district court judge entered a second,
found that the ALJ erred in refusing to accept             corrected order of contempt. This order stated that
evidence of a preliminary breath test administered         Usiak was found in direct criminal contempt of court
by the hospital staff.                                     and summarized the facts supporting the contempt. It
                                                           provided for a sanction under which Usiak was to pay
The State petitioned the Court of Appeals for              $250.00 or apologize to the district court judge. Usiak
review. The Court held that the ALJ had decided            again appealed to the circuit court, arguing that it was
correctly that Dove should have his license                impermissible for the district court judge to enter a
suspended for refusing the test. The record showed         second, corrected contempt order. The circuit court
that the ALJ had substantial evidence of reasonable        affirmed the contempt order, finding that the
suspicion that Dove was driving while under the            attorney’s words and conduct constituted direct
influence based on the odor of alcohol, the watery         criminal contempt and supported the decision to
eyes, and the automobile accident. Dove’s refusal to       impose sanctions.
submit to a blood test resulted in him correctly
facing the administrative penalty under                    The Court of Appeals granted a petition for cert. It
Transportation Article subsection 16-205.1.                reversed the judgment and remanded the case with
                                                           directions to vacate the contempt order. There are two

THE ADVOCATE                                    Page 24                                       JUNE 2010
                                CRIMINAL LAW UPDATE
                                                   Continued ...

forms of contempt - direct and constructive - and         months diminished the immediacy of the justification
two types of each form - criminal and civil. Criminal     for summary sanctions. If a judge believes that
contempt serves a punitive function, while civil          summary action is required, he or she must get it right
contempt is remedial or compulsory and must               the first time.
provide for purging. A court may charge someone
with direct contempt if the contempt was committed
in the presence of the judge or so near to the judge as
to interrupt the court’s proceedings.
                                                                       Eastern Shore Office
The court may impose summary sanctions for direct                             Open
contempt if the judge personally sees, hear, or
otherwise perceives directly the conduct constituting
the contempt and has personal knowledge of the
                                                                         LAW OFFICES OF
identity of the contemnor and if the contempt                       WILLIAM A. STAVROS, L.L.C.
interrupted and/or interfered with the order of the
court. Summary procedures are allowed if the                   Defending criminal and traffic cases on
conduct of the alleged contemnor poses an open and             Maryland’s Eastern Shore since 1998.
serious threat to the orderly procedures at that
                                                                         Accepting referrals in all
                                                                         Eastern Shore Counties.
Summary procedures are necessary for the
immediate vindication of the dignity of the court.                   203 North Commerce Street
The court may defer imposition of sanctions until                      Centreville, MD 21617
the conclusion of the proceedings during which the                         410-739-0794
contempt was committed. The sanction remains
summary in nature in that no hearing is required and       Continuing to defend State and Federal cases
the term "summary" usually implies in an immediate
                                                                    from my Towson Office:
action without the usual formal procedures.

If a court chooses not to issue summary sanctions, it
                                                              40 West Chesapeake Avenue, Ste. 212
shall, reasonably promptly after the contempt, issue                  Towson, MD 21204
a written order making clear the evidentiary facts                      410-825-3300
constituting the contempt. In the Usiak matter, the
alleged contempt happened a week before the first
order of contempt. This was vacated by the circuit
court and a new order was not issued for almost                       BANKRUPTCY—Chapters 7 and 13
three more months. The court decided that this                             1-800-BANKRUPT
lengthy delay between the two orders was                   STOP Foreclosures             Wage Garnishments
inconsistent with a summary contempt proceeding.                Vehicle Repossessions    Creditors Calls
Although a court may postpone in position of                    Judgments                Lawsuits
sanctions until the conclusion of the proceedings                   Free Consultation – Payment Plans
during which the contempt occurred, the length of
                                                           We are a Debt Relief Agency servicing all areas of Baltimore
time of such deferral should be minimal and usually        County, Baltimore City and Harford County – Over 1,000
no later than the end of the proceeding during which       cases filed.
the conduct occurred. The court found that three
months was not a minimal period of time. Three                     Law Office of Nicholas J. Del Pizzo, III, P.A.

THE ADVOCATE                                   Page 25                                            JUNE 2010
                       PRESERVING BCBA HISTORY
                                           by Doris D. Barnes

                      Believe it or not, the BCBA will celebrate its Centennial in 2021. It sounds like
                      a long way off, right? Wrong! It is time to start planning, collecting information
                      (photos, oral histories, etc.), and brainstorming ideas for a grand celebration.

                       This is where you come in … if you have something to share, tangible or
                       memory, please contact Bill Beale (410-337-2530 or, Bob
                       Romadka (410-477-9795 or, or Jeff Scholnick (410-494-
9944 or I also encourage suggestions on things to include (or, to
make sure not to forget)!

We will be working with Blue Rock Productions to preserve oral histories on video. If you have
suggestions for vendors who would also be willing to work with us, in a sponsorship manner, please let
me know.

If anyone is interested in working on this ongoing project, please contact me
( We have hundreds of photos that need to be reviewed, sorted and

THE ADVOCATE                              Page 26                                    JUNE 2010
                                         INDEX OF ADVERTISERS
Bay National Bank                    410-494-2580 …………………..             4
CourtCall Telephonic Appearances     888-882-6878          ……………………………………………                         17
Creative Dispute Resolutions         301-977-8002 ……     16
Judge Larry Daniels                  410-852-5269 ……………….           16
Nicholas J. Del Pizzo III, Esquire   800-BANKRUPT ……..………………             25
Dugan Babij Tolley LLC               410-308-1600 ……………………               6
Dr. Richard B. Edelman               800-257-8626 ……………           28
Fitness Together                     410-580-1777 ………………………             5
Gore Brothers Rptg & Videoconf.1     410-837-3027 ……………..……            12
ICS-Insurance, Inc.                  410-517-3925 ……………..….           12
Lawyers Assistance Program           410-583-6969 ………………………                4
Legal Images of Baltimore, LLC1      410-727-0505 ………        27
Judge Dana Levitz                    410-456-4436          …………………………………………….                        22
Litigation Graphics2                 410-828-8595 …………….          6
McCammon Group                       888-343-0922 ……………               2
Multi-Specialty Healthcare2          888-807-2778 …………..……          6
Next Level Technology2               410-453-5500 ………………………...              12
Matt Paavola, Esquire                410-574-8000 ……..        16
William A. Stavros, L.L.C.           410-825-3300          …………………………………………….                        25
Susquehanna Wealth Management        410-316-0239 ………….       26

1                                    2                           3
    Annual Platinum Sponsor              Annual Gold Sponsor         Annual Silver Sponsor

       When you contact an advertiser, please let them know where you saw their ad. Thank you.
THE ADVOCATE                                  Page 27                                    JUNE 2010
The Baltimore County Bar Association                                                              PRESORTED STANDARD
                                                                                                   U.S. POSTAGE
The ADVOCATE                                                                                            PAID
                                                                                                   Baltimore, MD
100 County Courts Building
401 Bosley Avenue                                                                                  Permit No. 1262
Towson, MD 21204-4491

        Published monthly by the                                                          FOR SALE
   Baltimore County Bar Association
        VOLUME XIX, NO. 11                                                   Gussco Trans-File storage drawer
               June 2010                                                     boxes; letter and legal size. Bill Hahn,
     FLYERS INSIDE                                                             OFFICE SPACE AVAILABLE
          June 3, 2010
                                                                             Large, furnished office space for one
   A View From the Bench(es)                                                 attorney near Towson Cir Ct.
                                                                             Secretarial space, kitchen, and
          June 7, 2010                                                       reception area. Use of library, copier
       Annual Golf Outing                                                    and fax. Free parking. Avail immed.
                                                                             $300/mo. 443-324-6665.
          June 24, 2010
                                                                             Fully-renovated legal suite w/other
    Stated Meeting Reception                                                 practitioners. Three executive offices,
                                                                             secretarial area and two associate
         June 29, 2010                                                       offices. Incl receptionist, telephone,
   Judge Fletcher’s Retirement                                               conf rooms, lunch room, copier and
                                                                             fax, high-speed internet and free
       Tips from the R.O.W.                                                  parking. 40 York Road, Suite 300,
                                                                             Towson. Sam Blibaum, 410-823-0111.

     Please remember to send in                                              First floor office space for rent in
   your Committee Election forms           Program handouts and              beautiful building one block from
    as soon as possible, so you are     podcasts are available on our        courthouse. Likely poss of ref. Incl one
       added to the appropriate          website (,             garage parking spot, access to lg recp
              email lists.                 Members Only Area.                area w/room for secretary. $450/mo,
                                                                             incl utilities. 410-337-5545.
    If you are NOT receiving The
   Week Ahead … email, you are                                               Rarely available single office in Class
        missing out on weekly                                                A Suite. Receptionist, conference
                                            Bar Association Office           rooms and library. Use of fax and
      reminders of programs, the       Doris D. Barnes, Executive Director   copier. Parking available 101 East
         passing of colleagues,           Telephone: (410) 337-9103          Chesapeake Avenue. Call Denise, 410-
          courthouse closings,
                                           E-Mail:            821-6800.
    emergency court information,
       etc. Call or email the Bar                                            Need a place to meet clients across the
                                          Rachel Ruocco, LRS Director
   Office with your email address                                            street from the Towson courthouse, on
   to be included in future emails.
                                          Telephone: (410) 337-9102
                                           E-Mail:           Baltimore Avenue? Share furnished
             410-337-9102                                                    office space for $275/month. Call 410-

THE ADVOCATE                                 Page 28                                          JUNE 2010
                                  Baltimore County Bar Association
                                 STATE, LOCAL AND ZONING LAWS COMMITTEE
                                            A View From The Bench(es)
                                            Thursday, June 3, 2010
                                    6:00 P.M. (Cash Bar); 6:45 P.M. (Dinner)
SPEAKERS                        William J. Wiseman III, Zoning Commissioner
                                Thomas H. Bostwick, Deputy Zoning Commissioner
                                Maureen E. Murphy and Lawrence M. Stahl, Board of Appeals
                                Margaret Z. Ferguson, Code Enforcement Hearing Officer
PROGRAM CHAIR                   Christopher Mudd, Esquire
LOCATION                        Country Club of Maryland, 1101 Stevenson Lane, Towson
COST                            $40.00 per person

An annual favorite! Enjoy the opportunity to hear practice pointers from hearing
officers of three different kinds of administrative land use practices in a fun,
casual environment.

                                         MENU CHOICES
                                           (Pick one)
                         Grilled New York Steak OR Petite Filet Mignon
                               Single Crab Cake OR Stuffed Shrimp
                               Grilled Breast of Chicken over Pasta
          Includes Garden Salad, Fresh Seasonal Vegetables, Potato of the Day & Dessert

        State, Local and Zoning Laws Committee - A View From The Bench(es)
                               Thursday, June 3, 2010
                   Menu Choice:

Name                                            Telephone


City                                            State                   Zip

Email                                           Amount Enclosed
REGISTER ONLINE at, OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA.
                                     Baltimore County Bar Association
                                           Annual Golf Outing
                                           Monday, June 7, 2010
                             This is the ONLY Annual Golf Tournament Sponsored by the BCBA.

 Country Club of Maryland
 1101 Stevenson Lane, Towson, MD 21286
 Directions: From 695, Exit 27A (Dulaney Valley Road). Dulaney Valley Road turns
 into York Road at the first intersection. Continue south on York Road approximately
 10 traffic lights to Stevenson Lane. Make left turn onto Stevenson Lane. Country Club
 of Maryland is 1/2 mile on the right.

 FORMAT                    Captain’s Choice - Scramble
 COST                      $160 per golfer
                                   SHOW UP – RAIN OR SHINE !
 O PEN E …                             Lunch 12:00 P.M. – 1:00 P.M.
                                                                                            NO ORRY,
        ON                                                                                    WA
  ERY ited to
EV lim
                                         Shotgun Start - 1:00 P.M.
                                                                                            PER LK-ON
                                           Green fees and cart                                 MIT
 NOT eys only                                     Prizes                                          TED S
  attor                                    Gift for each player

                           Dinner and open bar for one hour at conclusion of play.

 Entry will be done on a FIRST COME basis. You MUST include handicap. Due to limited space,
 please remember that until payment in full is received in the Bar Office, your space is not guaranteed.
 Registrations less than a complete foursome will be put together by the committee, and ABSOLUTELY
 CANNOT BE CHANGED. No exceptions.

                                GOLF OUTING – MONDAY, JUNE 7, 2010
 CONTACT PERSON                                               Phone

                  NAME                                                                   HANDICAP



 Name on C/C                                                  Today’s Date
 Billing Address                                              City, State, Zip
 Telephone                                                    Email
 MC/Visa/Discover/American Express Card No.                                                   Exp.
 Amount authorized $              Signature                                                   SEC#
 REGISTER ONLINE at, OR return this form to the Baltimore County Bar Association, 100 County
 Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA, or credit card info.
                                 Baltimore County Bar Association
                                     Young Lawyers Committee
                             RECEPTION following THE STATED MEETING
                                      Thursday, June 24, 2010

DATE                 THURSDAY, JUNE 24, 2010
LOCATION             7 West Bistro Grille, 7 West Chesapeake Avenue, Towson

COST                 FREE !!

           GET YOUR TICKET FOR your first FREE Happy Hour Drink!
                        AT THE STATED MEETING
                  Courtroom No. 12, County Courts Building
                    401 Bosley Avenue, 3rd Floor, Towson
                                 4:30 P.M.

                         A variety of hot and
                           cold appetizers
                              Cash Bar

      YES, I will be attending the Young Lawyers Committee RECEPTION to celebrate
              with our new EXECUTIVE COUNCIL PRESIDENT, ALEX WRIGHT !!

Name                                       Telephone
Firm                                       Email
City, State, Zip
Get a ticket for your first FREE drink at the reception, at the Stated Meeting, 4:30 P.M.,
Courtroom No. 12, 401 Bosley Avenue, 3rd Floor, Towson. PLEASE NOTE NEW

Register online or return this form to the Baltimore County Bar Association, 100 County Courts
Building, 401 Bosley Avenue, Towson, MD 21204, or via facsimile 410-823-3418.
                                  Baltimore County Bar Association
                                        Retirement Reception in Honor of
                                             Judge Darryl G. Fletcher
                                   on the Occasion of his Retirement from the
                                       District Court for Baltimore County

                                  Tuesday, June 29, 2010
                                   6:00 P.M. - 9:00 P.M.

                                    Manor Tavern
                            15819 Old York Road, Monkton

                                   Dress: Business Attire

                             $55.00 per person
              Includes Heavy Hors D’oeuvres, Carving Stations,
                           and Premium Open Bar

        Retirement Reception in Honor of Judge Darryl G. Fletcher Retirement
                              Tuesday, June 29, 2010

Name                                             Telephone


City                                             State                    Zip

Email                                            Amount Enclosed

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

REGISTER ONLINE at, OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA, or credit card info.
                                Co-Sponsored by the
                         Maryland State Bar Association's
                        Solo and Small Firm Practice Section
                               Saturday, July 17, 2010
                         Sheppard Pratt Conference Center
                      6501 North Charles Street, Baltimore, MD
                                  8:30 am - 4:00 pm
                         $60.00 for June, 2010 Admittees
                                 $75.00 for MSBA
                                     $90.00 Non-MSBA
                       $45.00 Full-Time Law School Students
      Business Nuts & Bolts: What Do I Need To Start a Law Practice
      Technology for New Solos/Small Firms
      Making It Rain: Client Development and Marketing
      How To Avoid Malpractice and Grievances
      50 Tips on Being Successful in Solo Practice


CONTACT PAT YEVICS @ MSBA: 410-685-7878 OR 800-492-1964, EX 3039 FOR MORE DETAILS.


CITY_________________________________ STATE____________ ZIP ______________

PHONE ______________________________ LAW SCHOOL (for students)_____________


Master Card or Visa
Number__________________________________ Exp Date_________ 3 Digit Code_______
Name on Card_____________________________________ Amount Charged____________
Billing Address (if different from above address___________________________________

                                  Snippets from the Staff

Auditing Department

      1. Attorneys should not collect fees and/or retainers without Court Order or Consent of
         residuary beneficiaries, nor should they take commissions on retained estate.
         Consent to Compensation form cannot be used when fees/commissions exceed
         maximum allowable compensation.
      2. Attorneys should not send in a Petition for Funeral Expenses when it is not
      3. Attorneys should begin First Account with the amount shown on the Inventory or
         Inventories. Attorneys should begin all subsequent accounts with “Retained
         Amount” as shown on any previously filed accounts. Attorneys should not
         continually restate all activity on each subsequent account from the beginning.
      4. Many times attorneys do not send required attachments as referred to in their
         Accounts or Petitions.
      5. Attorneys should not send in the “Notice to Interested Persons” which we DO NOT
         need. The Notice To Interested Persons should only be sent to the Interested
      6. Attorneys incorrectly calculate inheritance tax – Note: Income and Gains are not
         taxable – Losses are taxable.
      7. Attorneys continually do not send in required probate fees and inheritance tax with
         Account. They will call ROW for amount of probate fee, when they should know it
         or refer to the code for same.
      8. Attorneys should not include everyone from the List of Interested Persons on the
         Certificate of Service. After the initial notice, the residuary beneficiaries are the
         only remaining interested persons.
      9. Attorneys refuse to sign Verification “under penalty of perjury.”
      10. Attorneys do not understand the difference between a “Disclaimer” and an
          “Assignment” and the effect of their use.
      11. Many times, Attorneys omit the spousal allowance and/or minor’s allowance when
          they should be paid.
      Register of Wills, County Courts Building, Room 500, 401 Bosley Avenue, Towson, MD 21204

                                  Snippets from the Staff

New Proceedings Department

      1. Consistently, Petitions for Probate, Notice to Creditors, and other required forms to
         open estates are incorrectly prepared, incomplete, not signed by Personal
         Representative(s), or incorrect forms are used (whether hand-delivered or by mail).
         Even when this occurs, Attorneys will attempt to INSIST that INCOMPLETE and
         UNSIGNED forms be filed. Also, many times proper fees for probate, certified
         mail, etc. do not accompany forms.
      2. Attorneys, when opening estates, either in person or by mail, should provide copy
         of car title or registration to show VIN numbers of vehicles, etc., and should
         provide copy of funeral bill or at least know amount when completing Schedule B
         of Petition for Probate. These items are required.
      3. Regarding Judicial Hearings, attorneys are usually not prepared with proper forms
         and fees. They do not understand that the judicial process cannot be completed
         without these items.
      4. Attorneys send delivery service couriers with opening documents, ask the couriers
         to wait while deputy reviews and processes forms; however the couriers do not have
         the ability to answer questions that may arise about the estate.
      5. More than often, attorneys walk right by the Receptionist at ROW. Instead,
         Attorneys should stop at Receptionist’s desk and check in, so a deputy can be
         assigned to their matter. Often, when ROW is extremely busy, Attorneys become
         impatient and expect to be placed ahead of general public. They bring in multiple
         estates at one time and expect them to be completed immediately.
      6. Attorneys should know the proper type of bond form to use and the amount of
         required bond when inheritance tax is due.
      7. Attorneys should know whom to list on the List of Interested Persons or the
         difference between and “Heir at Law” and a “Legatee.” If Will mentions a Trust,
         Attorneys should enter Trustee(s) on List of Interested Persons or state “No Trust”
         if it will not be created.
      8. Attorneys should not send in Wills for safekeeping without envelopes or in
         abnormally large envelopes that will not fit in storage area.

      Register of Wills, County Courts Building, Room 500, 401 Bosley Avenue, Towson, MD 21204

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