Advocate January 2016

THE ADVOCATE Page 1 January 2016

to do so. A lot of time, thought

and effort was placed into

creating a website that is

informative, user-friendly,

aesthetically pleasing and

designed to drive more traffic to

BCBA’s valuable programs and

services.

When you visit the website, the

links to relevant information - for

the lawyer and layperson - are

clearly delineated. The home page

features links about member

benefits and includes an option to

download or print a membership

application. If a visitor to the

home page “Needs Legal Help,” a

link will direct them to the page

that explains our American Bar

Association – Certified Lawyer

Referral Program. And, there isn’t

a need to search throughout the

site for contact information. The

BCBA Lawyer Referral phone

number is prominently displayed

at the top of the connecting page.

In addition, any lawyer who is

interested in participating in our

THE ADVOCATE

Newsletter of The Baltimore County Bar Association

Inside This Edition

Program Registrations Pg 23

Bench/Bar Committee Pg 6

Calendar of Events Pg 3

CL: Cir Ct Practice Tips Pg 20

Civil Law Update Pg 26

Classified Ads Pg 42

Committee Programs Pg 38

County Council Update Pg 19

Court Notices Pg 4

Criminal Law Update Pg 34

FL, New DCM Pg 12

Historical Perspectives Pg 33

Holiday Party Pg 14

Lawyers Assistance Pg 32

New Members Pg 9

Professional Lawyer Pg 21

Ritchey Award Criteria Pg 8

Save the Date Flyer Pg 22

Virtual Office Pg 10

YL Holiday Lunch Pg 28

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts

VOLUME XXV, NO. 7 January 2016

Continued on page 2

Mult i -Specia l ty Heal thCare -Signature Sponsor

At the beginning of each year,

many of us make resolutions about

a specific goal or set of goals.

According to Nielsen Research, the

top resolutions for 2016 are:

staying fit and healthy, losing

weight, enjoying life to the fullest

and spending less, saving more.

Organizations set new goals, too,

although those plans are often

announced at the start of the fiscal

year. When the Baltimore County

Bar Association (BCBA) bar year

began in July 2015, we announced

plans to improve our website. And,

I am pleased to announce that the

launch of the new BCBA website

took place on December 18, 2015.

However, we decided to wait until

the beginning of 2016 to make the

formal announcement in light of

the holiday season, the focus on

preparing for the annual bar

banquet and the desire to identify

any last-minute glitches.

If you haven’t visited the BCBA

website recently, I encourage you

A New Year and a New Website

THE ADVOCATE Page 2 January 2016

Lawyer Referral program can go to the website,

learn the rules for participation and download the

application.

There is a separate icon for “Non-Lawyers.” That

link directs visitors to information regarding the

Lawyer Referral program, too. However, the

connecting page for non-lawyers also directs them to

local and statewide pro bono services. This includes

information about the BCBA – sponsored “ Lawyer

in the Lobby” program which takes place in the

Circuit Court for Baltimore County on the second

Wednesday of each month for certain civil, criminal

and now family law related matters.

The new home page will also offers links for current

and past issues of The Advocate. A “Calendar” icon

allows members to see details about upcoming

Continuing Legal Education (CLE) programs and

bar events, print/download the flyer and register for

those activities, too.

If you want to identify or contact the BCBA

Committee Chairs/Vice Chairs or get an update on

any available committee reports, that information

can be accessed through a link from the home page.

PRESIDENT’S MESSAGE

Continued from page 1

It’s A Girl !

Executive Director Doris Barnes and her

husband, Jim, welcomed their first grandchild

on December 8, 2015. Liliana Varga Barnes

was born to their son Wade Barnes, and his

wife Emilia. Sharing in this excitement is

Wade’s mom Gail Florman, and her husband

Bill who live in Pikesville; and Emilia’s

parents Csaba and Valeria Varga who live in

Serbia.

If you would like to access the transcript for any

BCBA Memorial Services held since 2011, you

can find it on the Memorial & Recognition

Committee’s page.

Answers to frequently asked questions about

phone numbers for certain court personnel, the

Circuit Court daily docket, court holidays,

courthouse identification badges and Veterans’

services can be found on the new website under

Attorney Resources, Frequently Used Links. Soon

we’ll add an active link for information on our

Lawyer Assistance Program.

These are only some of the features on our new

website. We’re continuing to upload new

information each week. However, please explore it

and let us know what you think.

Happy New Year!

Hon. Vicki Ballou-Watts,

President,

Baltimore County Bar Association

January 2016

THE ADVOCATE Page 3 January 2016

CALENDAR OF EVENTS

Banquet Tickets Are Available through

Friday, January 15, 2016

PLEASE reserve your seat soon,

as this event may sell out.

January 2016

1 COURTS & Bar Office CLOSED

4 Courts and Bar Office REOPEN

12 Executive Council Meeting, 8 a.m., Judicial Conference Room 363

13 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

Thank you Keith Franz and Stan Gann for volunteering!

13 Family Law Info Session & Happy Hour: ADR, Mediation & Collaborative

Law, 5-6:30 p.m., Mezzanine 08

14 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room

14 Solo & Small Firm Committee: Credit Card Processing Options, Noon,

Grand Jury Room, County Courts Building, Towson

20 Family Law Info Session & Happy Hour: Contribution to Real Estate

Expenses: Crawford Credits Old and New, 5-6:30 p.m., Mezzanine 08

28 Annual Black Tie Banquet, Hunt Valley Inn, Wyndham Grand, 6:30 p.m.

February 2016

2 Law Day Committee Meeting, 5 p.m., Mezzanine 08

9 Executive Council Meeting, 8 a.m., Judicial Conference Room 363

10 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.

10 Criminal Law Program, 5 p.m., Mezzanine 08

11 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room

11 Family Law: The State of Family Law in Maryland, 6 p.m., Fazzini’s

18 Bar Foundation Meeting, 3:30 p.m., Mezzanine 08

18 Stated Meeting 4:30 p.m.., County Courts Building, Towson

18 NIWC: A Forum on Vocational Rehabilitation, 5 p.m., Mezzanine 08

2015-16 Officers

Executive Council Keith R. Truffer Michael W. Siri

Jay D. Miller

Stanford G. Gann Jr. John G. Turnbull III

Lisa Y. Sett les

T. Wray McCurdy,

Immediate Past President

Alexander C. Steeves, YL

Chair

The Advocate Laurie Wasserman,

Committee Chair

Doris D. Barnes

Thomas S. Basham

Associate Editors

Contributing Writers C. Theresa Beck

Thomas H. Bostwick

Catherine A. Dickinson

Sondra M. Douglas

Bruce E. Friedman

Robert C. Lidston

Gary Miles

Margaret M. McKee

Cecilia B. Paizs

Jeffrey R. Scholnick

Lisa Y. Settles

Keith R. Truffer

Laurie Wasserman

Catherine F. Woods

Matthew I. Wyman

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

President

Pres-Elect

Secretary

Treasurer

Hon. Vicki Ballou-Watts

Robert J. Thompson

Adam T. Sampson

Rebecca A. Fleming

Membership Renewal Invoices and

Black-Tie Banquet Information were

mailed on November 15th.. If you have

not received your invoice, please call

Maxine, 410-337-9103.

Program/Event Registration Form can be found on page 23

Individual flyers can be found with the online registration for

each program on the website calendar.

THE ADVOCATE Page 4 January 2016

COURT NOTICES

Maryland Judiciary Office of Communications and Public Affairs

2001 E-F Commerce Park Drive

Annapolis, Maryland 21401

410-260-1488

New Rules Concerning Briefs Filed in Maryland’s Appellate Courts

Take Effect January 1

(ANNAPOLIS, Md. – December 15, 2015) On January 1, 2016, new rules will go into effect that alter how

documents filed in Maryland’s appellate courts will look and how long they can be. The new rules set forth the

requirements for type size, spacing, margins, and word count for briefs filed in the Court of Appeals and the

Court of Special Appeals, as well as for petitions for writ of certiorari in the Court of Appeals. The new rules

are expected to help increase the readability of these documents, as well as standardize their size and appear-

ance.

Under the new rules, the length of briefs and petitions will be measured by the number of words, rather than

page length. Litigants will be required to certify the number of words that are in the documents.

Maryland Rule 8-503 sets forth the new requirements for appellate briefs; Rule-8-303, for petitions for writ of

certiorari. Rule 8-112 states the new compliance requirement. The form for the Certification of Word Count

and Compliance required to be filed with these documents is available on the Maryland Judiciary website.

Overviews of the new requirements and certification forms are available online:

Filing briefs in the Court of Appeals (www.mdcourts.gov/coappeals/filingbriefs20160101.html)

Filing briefs in the Court of Special Appeals, including suggestions for how to determine word count

(www.mdcourts.gov/cosappeals/filingbriefs201601.html)

More complete information is available in the rules order filed on September 17, 2015.

THE ADVOCATE Page 5 January 2016

THE ADVOCATE Page 6 January 2016

BENCH/BAR COMMITTEE RECAP by C. Carey Deeley

Chairperson Mary Roby Sanders convened the

December 10, 2015 meeting of the Bench Bar

Committee and turned the group’s attention to the

reports of its various members as follows.

The Honorable Kathleen G. Cox said that the

Circuit Court bench recently met with members of

the County Council and a representative of the

County Executive’s Office. She considered the

exchange to have been productive. The

Governor’s Office may soon appoint a

replacement to fill the Honorable Timothy J.

Martin’s vacancy. She expects the appointment no

later than early February. Christmas visitation

issues should be directed to the Honorable Ruth

Ann Jakubowski’s Chambers. Judge Jakubowski

will divide requests among various Family Court

judges. Letter requests should suffice but that

Judge Jakubowski will have the last word on the

question whether requests need be made by

Motion or letter. The Court will accommodate

emergency divorces before the end of the calendar

year. The last day to obtain such a divorce is

December 28, 2015. The Pray Jury Trial issue

(PJT) continues to strain the Court’s efficiency.

The Court will soon take up and reexamine its

Differentiated Case Management approach to

complex civil cases.

S. Michael Esposito, Administrative Clerk of the

Baltimore County District Court, provided the

District Court report. There will be an early

release of employees on Christmas Eve and New

Year’s Eve. The Court will be closed on

Christmas and New Year’s Day.

Timothy H. Sheridan, Circuit Court Administrator,

offered that the temporary access ramp on the

Pennsylvania Avenue side of the Circuit Court will

continue to provide access through the end of

January. Work on the boilers continues,

accounting for a fluctuation in temperatures in the

courtrooms. The Court has improved its efficiency

rating as of June 30, 2015 for both Civil and

Criminal Case Management.

Scott D. Shellenberger, Baltimore County State’s

Attorney, weighed in on the PJT issue, agreeing

that it requires continued attention. As an aside,

Mr. Shellenberger offered that the number of jury

trials resulting from PJT requests is rather

minimal. Suggested adjustments that might

impact this issue include reforming how the police

charge driving while suspended and how the

General Assembly approaches driving without a

license. Mr. Shellenberger predicted that body

THE ADVOCATE Page 7 January 2016

cameras will be coming to Baltimore County,

briefly reviewing the impact of that technology on

discovery (video redactions of confidential

information) in criminal cases.

District Public Defender, Donald E. Zaremba,

reported that Carol McCabe is the new Chief of

the Mental Health Division.

Immediate Past State Bar President, Deborah G.

Schubert, liaison to the Harford County Bar

Association, said that Kevin J. Mahoney, of the

firm Gessner, Snee, Mahoney & Lutche, P.A., had

been recently appointed by Governor Hogan to the

Circuit Court for Harford County. His investiture

will follow in January.

On behalf of the Criminal Bar, Leonard H. Shapiro

likewise weighed in on the PJT issue. A general

discussion followed with Judge Cox reiterating

that PJT’s currently impact the Court’s ability to

timely hear civil and family law cases. The

Honorable Nancy M. Purpura asked whether

immediately scheduling PJT’s might make a

difference, suggesting that the system worked best

when Circuit Court trials occurred the same day.

Mr. Shellenberger noted that witness problems

often follow PJT’s; witnesses don’t expect to be

tied up for the entire day, much less have to return

for a later trial.

Sondra M. Douglas, Family Law Committee

Chair, reviewed the Town Hall Meeting that

addressed DCM issues conducted by Judge

Jakubowski on December 1. There will be a

Crawford credit seminar on January 20, hosted by

The Honorable Judith C. Ensor, Thomas C. Reis,

and Frederick L. Kobb.

Alexander C. “Sandy” Steeves, on behalf of the

Young Lawyers’ Committee, reminded that the

Young Lawyers’ Holiday Party will take place on

December 17. Event proceeds go to the Bar

Association’s Charity this year, Itineris.

Julie Ensor, Clerk of the Court, said that her office

is down three clerks for various reasons which

circumstance has produced a one week docketing

delay.

The Honorable Vicki Ballou-Watts, Bar President,

closed the meeting with a review of recent County

Bar matters. Judges Ballou-Watts, Robert E.

Cahill, Jr., and Jan Marshall Alexander recently

conducted a seminar on criminal practice. The

Memorial Service, held on November 19, was well

done and nicely attended. Judge Ballou-Watts said

that word of the Bar Banquet speaker would soon

be revealed and updated on the Bar Association’s

website. Sales for banquet tickets are brisk.

BENCH/BAR COMMITTEE RECAP Continued from page 6

THE ADVOCATE Page 8 January 2016

JUDITH P. RITCHEY ACHIEVEMENT AWARD

Criteria:

1. Bar Association member.

2. Significant constructive impact on Bar

Association activities during the past year.

3. Largely unrecognized for these efforts.

4. Adding to the proficiency, respect and

reputation of the Bar Association.

Many will recall that Master Ritchey died in

the prime of her life. When you enter

Courtroom 2 “Judy” Ritchey is looking over

you. Her portrait sits with other distinguished

jurists from our Bench. After practicing for

many years in Owings Mills, Judy broke the

gender wall in Baltimore County when the

Bench appointed her Juvenile Master. Master

Ritchey served the children of this County

with intelligence, compassion and diligence.

Never satisfied to run the mass of cases

through, Master Ritchey tried to reach every

child before her and do what was best. She did

this at great personal sacrifice because it

required her to work well into the evening on

many days. Judy Ritchey also participated in

many Bar projects. In spite of deteriorating

health, she performed in Leonard Jacobson’s

last production. Judy Ritchey was a mentor

and a giver.

Master Ritchey is indelible in our memories

and irreplaceable in our hearts. She

epitomized the best of the Baltimore County

Bar Association. Nominations should reflect

her character and spirit and be of active or

retired members of the highest reputation.

Nominations must be submitted in writing to

the Bar Association Office no later than 4:30

P.M. on February 2, 2016. Each nomination

should include information in support of the

candidate. Nominations will be reviewed by the

committee for recommendations and forwarded to

the Executive Council for selection.

AWARD NOMINATIONS SOUGHT

Prior Recipients of This Award Include:

2003 Sharon A. Christie

2005 Jay D. Miller

2006 C. Carey Deeley

2007 Dana O. Williams

2008 Caroline A. Griffin

2009 Anne Talbot Brennan

2011 Master C. Theresa Beck

2012 Suzanne K. Farace

2013 Judge S. Ann Brobst

2015 Magistrate Jacquie E. Dawson

THE ADVOCATE Page 9 January 2016

Professional Office Space

In heart of Towson (Washington &

Chesapeake Avenues) available for sublet.

Use of conference room, waiting area,

internet, copier.

Contact [email protected]

410-828-4749

At the recommendation of Alaina L. Storie,

Chairperson of the Membership & Admissions

Committee, the following attorneys were

approved for membership at the December 8,

2015 Executive Council meeting:

First-Year Barred

Danielle M. Dolch

2-5 Years Barred

Anthony S. Herman

Kasha Leese

Jonathan M. Meyer

Drake Thompson

Gov’t/Non-Profit

Diana Abramowski-Liberto

Gregory S. Miller

6+ Years Barred

Cynthia L. Leppert

Scott H. Marder

WELCOME NEW MEMBERS

THE ADVOCATE Page 10 January 2016

On November 20, 2015, the Solo and Small Firm

Committee hosted a brown bag lunch on the

Mezzanine level of the County Courts Building.

The featured topic of discussion was, Virtual

Offices: Alternatives to a Traditional Office.

Typically, one of the biggest overhead expenses

for solo and small firms is the leasing of office

space. Although attorneys may save money by

practicing from home, or renting space, including

the use of a conference room, from other

practitioners, these options are not always practical

and may even have a detrimental effect on

potential business. Clients may be turned off from

initial consultations at homes where children are

present or the attorney’s personal life coincides

with their professional life. After all, clients may

be spending thousands of dollars on legal

expenses, and they may seriously question signing

a retainer with an attorney whose dirty laundry is

sitting next to their desk. The presentation

explored the pros and cons of leasing a virtual

office through various virtual office companies

such as Regus, Opus, and Davinci; rather than

working from home, or renting or purchasing

traditional office space.

The presentation was led by Betty Stemley who,

for the majority of her career, worked at the Office

of the Attorney General for the State of Maryland,

but who recently opened her own private practice

in Catonsville. She researched virtual office

options extensively before deciding to lease a

traditional office space. Ms. Stemley spoke at

length and provided an informative handout with

respect to her research of the various virtual office

companies in the Baltimore Area. She compared

virtual office companies by location, services

offered, fees, contract requirements, and contact

information. She noted that while most of the

virtual offices are primarily located in Baltimore

County, there are also office locations in the City.

Additionally, while many virtual office companies

offer office space with the use of a conference

room, additional services are typically provided on

an a la carte basis.

VIRTUAL OFFICES: ALTERNATIVES TO A TRADITIONAL OFFICE by P. Hong Le

Cynthia Lifson, a solo practitioner located in Columbia,

joined in the presentation as a guest speaker who, for

the extent of her private practice, has leased a virtual

office through Regus. Ms. Lifson discussed her ability

to maintain an office expense budget from $5,000 to

$7,000 a year through the use of a virtual office.

Although she utilizes a home office for answering

telephone calls and drafting documents, her virtual

office space provides a professional atmosphere, with

the use of a conference room, and a receptionist to

assist with deliveries, accepting payments, and picking

up and dropping off documents and packages. Her

virtual office also allows her to network with other

business professionals and eliminate the additional

overhead for support services.

The two speakers discussed some of the disadvantages

of virtual offices including: the additional expenses for

services provided on an a la carte basis; the inability to

meet with clients after hours or during the weekend;

and having to choose locations based on where the

virtual office is located, rather than desired

neighborhoods or areas. The speakers also fielded

questions from the audience regarding experiences with

virtual assistants, and the use of cloud storage for file

maintenance.

In all, the Solo and Small Firm Committee was excited

to launch this year with an informative and helpful

presentation regarding virtual offices and their pros and

cons. The next scheduled event hosted by the Solo and

Small Firm Committee is a brown bag lunch in the

Grand Jury Room of the County Courts Building on

Thursday, January 14, 2016 at 12:00 p.m. The topic of

discussion will be Credit Card Processing Options for

Solo and Small Firms. Information and representatives

from banking institutions and credit card processing

companies will be present to discuss options available

to attorneys who are interested in beginning to accept

credit card payments or potential switching services.

All are welcome to attend.

THE ADVOCATE Page 11 January 2016

Please see page 36 of this issue for

a “Wish List” of items needed by

Itineris. You may drop items off

at the Bar Office. Thank you!

These items, and more, are available for sale by clients

of Itineris, the BCBA-designated Charity for 2015-16.

Many items will be available in the Bar Office and at

the Wines Around The World event on Thursday,

March 10, 2016 at Notre Dame Preparatory School.

Anniegrams are an assortment of greeting

cards created by Annie Taubenfeld. Annie

is a young woman with autism who

enjoys brightening up other people’s days

with these sweet, original Anniegrams.

A pack of eight cards (and envelopes) will

be available for purchase in the Bar

Office.

THE ADVOCATE Page 12 January 2016

On a cold and rainy Tuesday evening on the first day

of December, over 20 members of the Family Law

Bar met for an open and informal discussion of the

new Circuit Court for Baltimore County Family Law

Differentiated Case Management Plan with the

Honorable Kathleen Gallogly Cox, the Honorable

Ruth Ann Jakubowski, and Circuit Court Family Law

Administrator Richard Abbott.

The current DCM Plan was amended in April 2015 in

accordance with a statewide judicial focus on

courthouse efficiency, time standards and case

management in general. Judge Cox stressed the

intention of the Baltimore County bench to remain

attuned and aware of time standards, while at the

same time retaining a level of reasonableness. A link

to the April 2015 DCM Plan can be found at the

bottom of this article.

The new DCM Plan is a valuable resource for local

Family Law practitioners, which much like the

Maryland Rules and Fader’s Maryland Family Law,

should be kept within arm’s reach at all time. Among

the valuable information contained in the DCM Plan

is a thorough breakdown of the Track Assignment

Guidelines. An attorney’s awareness of not only the

different criteria that determine which of the four

assignment tracks a case falls into, but also what

assignment in each of those tracks actually means, is

of great utility. Judge Jakubowski stressed the

importance of front-end case management, which is

critical to overall efficiency.

While it is no secret to either Bench or Bar that the

Baltimore County Circuit Court is severely

undermanned relative to its sister courts throughout

the state, there is a concerted effort being made in the

courthouse, from judges and administrators, to the

clerk and case management offices, to make the most

of the resources we have available. It is important

that we as practitioners do our part to remain aware

of the process so that we too can add to the overall

efficiency. In the Family Law arena, that starts with

being familiar with the DCM Plan.

THE NEW DCM: A FAMILY LAW INFORMATIONAL SESSION by Craig R. Borchers

Judge Cox, Judge Jakubowski and Mr. Abbott were

receptive and inviting of the commentaries provided

by those in attendance, and stressed the benefit of

constructive feedback from members of the Bar.

Thanks to Program Chair, Angela J. Silverstein,

Esquire, who did a wonderful job putting this

informative program together. This event represent

yet another valuable educational resource made

available to members of this Association by The

Family Law Committee and Chair, Sandra M.

Douglas, Esquire. I hope to see many of you at the

upcoming events in January.

LINK: http://resources.baltimorecountymd.gov/

Documents/Circuit/Family%20Law%20DCM%

20Plan%20Revised%20draft%204%208%

202015.pdf

Additional Family Law Committee programs:

Dinner Programs, 6 p.m.

February 11, 2016, The State of Family

Law in Maryland, Fazzini’s Taverna

March 24, 2016

April 7, 2016, Joint Program with BABC

Informational Sessions

Mezzanine 08, 5-6:30 p.m., followed by Happy

Hour in Towson

January 13, 2016

January 20, 2016

Evening Series

Mezzanine 08, 5-6:30 p.m.

March 16, 2016

April 20, 2016

May 18, 2016

THE ADVOCATE Page 13 January 2016

This is the annual announcement regarding the

nomination and election process for vacancies on

the Maryland State Bar Association Board of

Governors occurring in June 2016.

Only Class II Governors can be nominated and

elected in 2016, since it is an even numbered year.

Vacancies will be occurring in the First, Second,

Third, Fifth, Sixth, Seventh, Eighth (Baltimore

County), Tenth, and Twelfth Districts, as well as

two Young Lawyer Governors. Baltimore County

will be entitled to two new appointments in Class

II for 2016.

MSBA BOARD OF GOVERNORS NOMINATIONS AND ELECTIONS 2016

The memorandum from Paul V. Carlin, Executive

Director of the Maryland State Bar Association

dated November 6, 2015, including the

Nomination Petition, Biographical Sketch and

Instructions for Filing Petitions, can be found on

our website, as well as from the Bar Office located

at 100 County Courts Building, 401 Bosley

Avenue, Towson, MD 21204.

Petitions must be filed not later than 5 p.m. on

February 15, 2016.

Baltimore County Bar Association

Group Admission to the

Supreme Court of the United States

April 26, 2016

The Baltimore County Bar Association is coordinating a Group Admission to the Supreme Court of the

United States on Tuesday, April 26, 2016. We will leave Towson, via coach bus, promptly at 6:30 a.m. and

return at approximately 4:30 p.m. All applicants and their guest must take the bus to Washington, D.C. in

order to participate.

This trip is available for Baltimore County Bar Association members only. Fee, payable to the Baltimore

County Bar Association, is $400 per applicant, and $50 additional fee for one guest per applicant. The trip fee

includes the $200 application fee which will be paid to SCOTUS, transportation, and a catered breakfast upon

arrival at SCOTUS.

Please use the links provided below for complete information on the application process. As this trip is

limited to 12 individuals to be admitted (and one guest each), applications will be accepted on a first-come,

first-serve basis. Inasmuch as the applications and fees must be submitted and approved by SCOTUS several

weeks before April 26th, it is not possible to accommodate any “wait list” applicants. Please note, all fees are

NON-REFUNDABLE. Completed applications, Certificate in Good Standing, and fees are due in the Bar

Office no later than March 21, 2016, for timely delivery to SCOTUS.

Small Group Admissions—Argument Days Bar Admission Instructions

Application Visitors’ Guide to Oral Arguments

THE ADVOCATE Page 14 January 2016

One hundred and fifty plus (150+) individuals

attended the annual holiday Bar party at Towson

Tavern on December 3rd. Once again, the event

was sold out in advance as word has spread far and

wide of the convivial and jolly atmosphere which

reigns supreme at the yearly gathering.

This event was one of several throughout the year,

to be hosted by Annual Signature Sponsors. We

are grateful to Multi-Specialty HealthCare and

Tucker & Meltzer for their continued financial

support, and it was great to see Bruce Laird and

Mark Norris in attendance.

Once a year, Bar members and guests shed their

drab and conservative grey, navy and black attire

and bring out the bling - the gold, red and green.

Shimmering gold bangles, dangly earrings and red

high-heeled pumps abound. Christmas ties, red

vests and holiday hankerchiefs are proudly

displayed. The Honorable Colleen Cavanaugh

wins the prize this year for best holiday attire with

her understated, yet elegant mix of red and green

plaid dress, sparkly gold pin and bracelets and -

the finishing touch - gold slippers. Jack Heisler

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! by Catherine F. Woods

receives the same honor for the men, donning a daring

mix of red vest and green tie. Let me not be remiss by

failing to mention Deb Thomas’ new hairstyle - as

many attendees brought to my attention and demanded

that I include in this article (?).

The food, as always, was scrumptious: blackened tuna

with avocado on toast points, lump crab balls with

creole mustard, filet mignon on crackers, and lamp

chop, to name a few of the delectable dishes being

passed around by servers.

Ami Taubenfeld, Executive Director of Itineris (this

year’s designated charity) displayed clients’ hand-

crafted pens, greeting cards, plaques and other items

for purchase. For more information on how to order

items for gift-giving, go to www.itinerisbaltimore.org.

You will be amazed at the talent and creativity that

goes into the creation of these unique items.

All and all, the event was a wonderful way to kick off

the season. The Tavern was filled with holiday cheer

and laughter throughout the evening. If you did not

make the event, put it on your New Year’s list to attend

next year. Get your tickets early, as it will be a

guaranteed sell-out!

BCBA Executive Council Members Stanford Gann, Michael Siri, President Hon.

Vicki Ballou-Watts, President-Elect Robert J. Thompson, Treasurer Rebecca

Fleming, Keith Truffer and Lisa Settles.

THE ADVOCATE Page 15 January 2016

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

THE ADVOCATE Page 16 January 2016

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

THE ADVOCATE Page 17 January 2016

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

THE ADVOCATE Page 18 January 2016

BCBA ANNUAL HOLIDAY PARTY A HIT ONCE AGAIN! Continued from page 14

THE ADVOCATE Page 19 January 2016

Greetings! The members of the Baltimore County

Council are grateful for the opportunity to update

the County Bar on the activities of our County’s

legislative body. Your seven member County

Council serves as the independent Legislative

Branch of County government. The Council meets

year-round, generally in bi-monthly Legislative

Sessions (held at night) and bi-monthly Work

Sessions (held during the day). All proceedings

are open to the public, and the Legislative Session

is broadcast on BCTV (Comcast & Verizon

channel 25). The Council’s Website at

www.baltimorecountycouncil.org provides helpful

information as well.

At its December 7, 2015 Legislative Session, the

Council passed Bill 86-15 – Manufacturing,

Heavy (M.L.) Zone Use Regulations – this Bill

amends the uses permitted by right and by special

exception for certain large tracts in the

Manufacturing, Heavy (M.H.) Zone. The bill

would apply to a tract of land that is located in the

M.H. Zone with an Industrial, Major (I.M.)

Overlay, and with a minimum tract size of at least

2,500 acres that is under common ownership or

control. In order to enhance the development – and

most importantly, the re-development --

opportunities for such a unique tract of land (such

as the Sparrows Point peninsula), the bill will

permit by right the uses permitted by right in the

M.H.- I.M. Zone, as well as the uses permitted by

right in the Manufacturing, Light – Industrial,

Major (M.L.-I.M.) Zone and the Business, Major

(B.M.) Zone. The Bill will also permit by right

certain uses that would ordinarily be permitted by

special exception. These specific uses are listed in

the Bill. The Bill also states that no more than five

percent of the area of a tract to which the Bill

applies may be used for uses permitted in the B.M.

Zone that are not otherwise permitted in the M.H.

or M.L. Zone. This limits the amount of purely

retail or commercial business uses on the tract.

Finally, the bill allows the uses permitted by right

to be processed for development in the same

manner as a limited exemption, as authorized by

Section 32-4-106(a) of the County Code. Bill 86-

COUNTY COUNCIL UPDATE by Thomas H. Bostwick

15 took effect on

December 21, 2015.

At its December 21,

2015 Legislative Session, the Council passed

Resolution 90-15 – Local Open Space Waiver Fees – This Resolution adopts a schedule of fees for local

open space waivers. The Local Open Space Waiver

fee was established in March 2000 as a reasonably

proportionate offset for the cost to the County to

acquire alternate recreational land. The law requires

the Administrative Officer to review the fees at least

once every 2 years and the County Council adopts the

fees by resolution. The fee rates were last adjusted in

May 2013. Resolution 90-15 readopts the May 2013

fees with a few exceptions: The most recently adopted

local open space waiver fee structure applicable to

developments affected by the proposed changes (i.e.,

developments in a C.T. district; R.A.E. and M.L.-I.M.

developments in a commercial revitalization district;

and dormitory developments for housing not less than

50 students attending an accredited higher education

institution) was established through Resolution 63-00

in August 2000. The fee is to be applied retroactively

in some cases: the fee adopted in the M.L.-I.M. Zone,

the R.A.E. Zone and the B.M.-C.T. District of

Towson applies retroactively to a development plan

filed prior to the effective date of the resolution. In

particular, for a development plan filed prior to the

effective date, the fee is 40% of the fee for a

development plan for which an administrative law

judge written decision has been issued prior to the

effective date of this Resolution, and 70% of the fee

for a development plan for which a concept plan was

filed prior to the effective date of this Resolution, but

an administrative law judge decision has not yet been

issued as of the effective date. The Resolution recites

the fees collected for a development plan pending as

of the date of this Resolution and requires that any

fees collected be utilized for certain projects, as listed

in the Resolution. Resolution 90-15 took effect on the

date of its passage by the County Council.

THE ADVOCATE Page 20 January 2016

Upcoming Events

January 28 Black-Tie Banquet

March 10 Wines Around The World

April 3 YL Bull & Oyster Roast

April 26 Supreme Court Admission

June 2 Golf Tournament

CRIMINAL LAW: CIRCUIT COURT PRACTICE TIPS by Richard H. Boucher

specially assigned judges. Created to streamline criminal

dockets and accommodate counsel, the new program is

being utilized well and appears to be both effective and

appreciated by counsel who take advantage of it.

The majority of the program, including a substantial

question and answer period, dealt with the District Court

jury trial prayer situation. Numbers have tripled since

2007 and the panel reviewed both present policy and

future possibilities should the situation not improve. The

panel reviewed the next day jury trial option as well as

other potential options. A great many questions were

generated for the panel regarding many different aspects

of the jury trial prayer situation and some interesting

opinions and debate ensued.

Other issues were touched upon during the presentation

but time constraints prevented more substantial

discussion. A great debt of thanks is owed all three

judges for their participation and insight. The program

was an unqualified success and will undoubtedly lay the

groundwork for similar programs in the future.

On Wednesday, December 9, 2015, the Criminal Law

Committee and Young Lawyer’s Committee jointly hosted

a standing room only program titled “Concerns from the

Bench/Practice Tips” at the County Courts Building The

program featured a panel of Baltimore County Circuit

Court judges who very generously agreed to participate for

the benefit of the attendees: the Honorable Robert Cahill,

the Honorable Jan Alexander, and BCBA President, the

Honorable Vicki Ballou-Watts. The attendees ranged

from obviously well experienced attorneys to brand new

practitioners.

Judge Cahill moderated the program with frequent input

and insight from Judge’s Alexander and Ballou-Watts.

The panel initially discussed the criminal postponement

policy, the concerns regarding timing and genuine “good

cause” for a continuance, and the court’s preference for

advance postponement requests rather than the day of trial.

The discussion moved on to the advanced “plea dates and

policy.” The panel discussed the recent program of

scheduling agreed upon pleas on a special docket before

COMMITTEE REPORTS

All Committee Reports, Chair and Vice-

Chair contact information, upcoming

programs, and handouts from those

programs already held this year, can be

found the website at www.bcba.org.

Paul E. Alpert, Retired Judge

Available for Mediation and Arbitration

Former Judge of District Court, Circuit

Court and Court of Special Appeals

410-484-2088

THE ADVOCATE Page 21 January 2016

Example

In a difficult domestic case, wife’s lawyer Starr Tover, Esquire, spends many hours in the effort to schedule

the deposition of the husband’s financial expert. After many dates are offered, tentatively accepted and later

declined, the parties finally settle on a date for the deposition. On the afternoon prior to the deposition, Lawyer

Tover receives the message that the expert “is no longer available” as a result of a sudden need to attend to

some unexplained obligation. The expert’s deposition, she is told, will have to be rescheduled. A dispirited

Tover ruefully considers the amount of wasted time she spent in scheduling and in preparation for the expert’s

deposition, as well as the amount of additional time which will be required for the same purpose.

Baltimore County Bar Association Code of Professionalism:

DEADLINES

(4) I shall avoid last-minute cancellations or requests for extensions of time except in cases of

legitimate necessity…

(7) I shall notify other counsel at the earliest time when hearings, depositions, meetings, or

conferences are to be canceled or postponed.

Comment

“It is easy to make promises - it is hard work to keep them.”

Boris Johnson

Who among us has not felt the frustrating thud of a long scheduled deposition, meeting or hearing being

cancelled at the last minute for reasons which, on their face, do not appear terribly urgent? Legitimate

emergencies can and do arise. But when an important date has been agreed upon, the Professional Lawyer

makes every effort to keep that commitment. Observe your promises and develop a reputation for honesty and

reliability.

THE PROFESSIONAL LAWYER When Scheduling, Keep Your Commitments

by Keith R. Truffer

Holiday Party article can be

found on page 14.

THE ADVOCATE Page 22 January 2016

THE ADVOCATE Page 23 January 2016

PLEASE register me for the following programs/events:

Registration Fee:

Member Non-Member January 13, ADR, Mediation and Collaborative Law $10 $20

January 14, SSF: Credit Card Processing Options $0 $20

January 20, Family Law: Crawford Credits $10 $20

January 28, Annual Black Tie Banquet $90 $100

Tickets purchased after January 8, 2016 $120 $150

Deadline to purchase tickets is January 15, 2016

February 10, Criminal Law Program $0 $20

February 11, Family Law: The State of Family Law in MD $50 $60

February 18, NIWC: A Forum on Vocational Rehabilitation $0 $20

Name(s)

Telephone Address

City State Zip

Email Amount Enclosed

Menu Choice (if applicable)

Name on C/C Today’s Date

Billing Address

City State Zip

Email Amount authorized

MC/Visa/Discover/American Express Card No.

Expiration SEC# (on back of card)

Signature____________________________________________________________________________

PROGRAM & EVENT REGISTRATION FORM

Please return this form to the Baltimore County Bar Association, 100 County Courts Building, 401

Bosley Avenue, Towson, MD 21204 with a check or credit card info; fax to 410-823-3418, or REGISTER

ONLINE at www.bcba.org.

THE ADVOCATE Page 24 January 2016

PROVIDENCE, R.I. - The stats are alarming:

Before entering law school, a student is just as

likely to have experienced depression as any other

adult in the general population (about 7 percent).

After one year of law school, 32 percent of

students experience depression. That number rises

to 40 percent by the end of the third year.

What is it about law school, the first year in

particular, that weighs so heavily on students'

psyches? Two particular stressors stick out: the

Imposture Syndrome and the Socratic Method.

Very common, though typically not discussed, the

Imposture Syndrome is a phenomenon in

competitive or prestigious environments in which

a person thinks that everyone else in the group

knows more than he does. In addition, those

affected often feel like they don't measure up and

were admitted by mistake.

This thought process produces anxiety, as the

subject fears that the "secret" will be discovered.

The anxiety usually manifests itself in a significant

effort to hide the imposture status, which is usually

accomplished by refraining from asking questions

(if you ask a question that everyone else knows,

they'll realize how little you know), avoiding

challenging tasks that might increase the chance of

making mistakes, and spending time trying to learn

as much as possible in solitude to feel prepared

and competent.

The hope is to acquire certainty, which will lead to

confidence and eventually legitimacy as a member

of the group.

The key to that process is acquiring certainty. If

people feel certain in their knowledge of a subject,

they feel confident in their ability to address

questions and confrontations. Without certainty,

insecurity can linger or, in many cases, increase.

This phenomenon is not unique to law school, of

course; any graduate program, competitive school

or prestigious job is a fertile environment for the

DEPRESSION IN LAW SCHOOL: IMPOSTURES AND SOCRATES by Dolan Media Newswire Dr. Shawn Healy October 21, 2015

Imposture Syndrome. Some of those situations

have clear paths toward certainty. In medical

school, the more you memorize, the more

confident you feel to answer questions that have

clear answers. Yet some environments, such as

law school, inadvertently cultivate the Imposture

Syndrome. Why? Enter Socrates.

Lacking certainty

One of the most common methods of discussion in

law classes is through the use of the Socratic

Method, a discussion technique that utilizes a

series of questions and answers to encourage

critical thinking and problem solving.

The method is great for learning how to think on

your feet, think through the various elements of

difficult issues, and apply various principles to the

same topic. What the method doesn't do is arrive at

a clear answer to the questions being asked.

One would not use the Socratic Method to

ascertain the best ice cream flavor on the planet

(chocolate peanut butter, obviously); however, one

might use it to practice making arguments for and

against the merits of various ice cream.

The more confident people are in their ability to

make persuasive arguments, the better they will

serve their clients, no matter where their clients

fall on a particular issue. That ability allows two

lawyers with the same training and experience to

work on opposite sides of a legal matter.

The most obvious element that the Socratic

Method lacks is final certainty. Those who are

comfortable when using the method have a higher

tolerance for uncertainty. The combination of

feeling like an impostor and lingering uncertainty

is a good recipe for stress. The tension that a law

student feels in this situation often leads to

increased anxiety, further isolation and depression.

Continued on page

THE ADVOCATE Page 25 January 2016

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There are ways to ebb the tide of despair. Most

elementally, students should talk to others in their

social circles about feeling like impostors, if only

to discover they're not alone. I would advise law

students to do the following:

Face your fears and ask mentors, professors

and colleagues questions - especially the

questions you think you should already know.

Focus your attention on where you have

control - for example, practicing how to make

various arguments.

Share your experiences and your struggles

with others - everyone needs some time to

themselves, but extended isolation is a

breeding ground for depression. Don't let it get

a hold of you.

It's natural to hide insecurities and aim to obtain

certainty. It makes us feel a little safer in a

threatening environment. But the best approach to

a problem can sometimes be one that seems

counterintuitive, unnatural or downright scary.

Simply admitting that we feel vulnerable will

make us feel more connected to others, because

we all have those feelings. Some of us just hide

them more successfully.

Dr. Shawn Healy is a licensed clinical

psychologist on staff with Lawyers Concerned for

Lawyers of Massachusetts, where he provides

clinical services. He also writes and presents on a

variety of topics germane to the practice of law.

He can be contacted at [email protected].

http://thedailyrecord.com/2015/10/21/depression-

in-law-school-impostures-and-socrates/

DEPRESSION IN LAW SCHOOL Continued from page

THE ADVOCATE Page 26 January 2016

Review of the December 2015 Amicus Curiarum

reveals the following decisions of interest in the

civil law area:

COURT OF APPEALS:

Attorney Grievance Commission of Maryland v.

Joseph Michael Stanalonis, Misc. Docket AG

No. 74, September Term 2013, filed November 23,

2015. Opinion by McDonald, Robert N., Judge

Mr. Stanalonis ran against Judge David w.

Densford, a newly appointed judge on the St.

Mary's County Circuit Court. Mr. Stanalonis and

Judge Densford knew each other from their years

of practice. During the election campaign, Mr.

Stanalonis sent out a flyer to voters comparing his

experience and outlook on various issues with

those of Judge Densford. Among those

comparisons, he stated that Judge Densford

opposed the registration of convicted sexual

offenders. During the evidentiary hearing, it was

adduced that Mr. Stanalonis determined that Judge

Densford opposed the sex offender registration

based on a number of conversations surrounding

the issues and interactions with fellow prosecutors

who knew Judge Densford. While Judge Densford

had never expressed blanket opposition to the

registry, he did try to prevent his clients from

being placed on the registry. While the hearing

judge held that Mr. Stanalonis had a demonstrable

basis for believing the statement, he had

"nonetheless violated MLRPC 8.2(a), 8.4(c) and

8.4 (d) by not making a more substantial effort to

ensure the accuracy of his statement.

The Court of Appeals dismissed the petition,

holding that there was not clear and convincing

evidence that Mr. Stanalonis violated MLRPC

8.2(a), 8.4(c) or 8.4 (d). The Court held that there

was insufficient evidence that Mr. Stanalonis made

his statement with knowledge that it was false or

with reckless disregard as to its truth or falsity.

Because Mr. Stanalonis had a "demonstrable

basis" for believing that Judge Densford opposed

CIVIL LAW UPDATE by Ceecee Paizs

the sex offender registry, his saying so was not a

gross deviation from the standard of conduct of a

reasonably prudent lawyer in his position.

Lisy Corp v. McCormick &Co. Inc., et al, No. 8,

September Term 2015, filed November 23, 2015.

Opinion by Greene, Clayton, Jr., Judge

Lisy Corp. sued McCormick & Co., Mojave Foods

and Barry A. Adams in circuit court. On the Case

Information Report, Lisy Corp checked the box

"yes" to indicate a jury trial had been demanded.

In response to contact from calendar management

related to the scheduling of a jury trial,

McCormick et. al objected, stating that under

Duckett v. Riley, 428 Md. 471, 52 A.3d 84 (2012),

required a separate "paper" in order to meet the

notice requirement for assertion of the right to a

jury trial. The trial court ordered the case to

proceed as a bench trial based on Lisy Corp.'s

failure to comply with Rule 2-325(a) resulted in a

waiver of the right to a jury trial under Rule 2-225

(b). The Court of Special Appeals affirmed.

The Court of Appeals affirmed, reaffirming

Duckett. The Court held that a Case Information

Report, whether served or unserved, does not

constitute a separate "paper" within the meaning of

Rule 3-325. In Duckett we stated that a CIR is an

administrative tool designed to "assist the Clerk

and the court in scheduling actions in court

promptly and efficiently. Within the meaning of

Rule 2-325, a separate "paper" is a document,

printed or written that is filed in conjunction with

court pleadings. The purpose of the paper is to

convey supporting documentation to the court.

The mere referencing of a jury demand by

checking "yes" in the Jury Demand section of the

CIR is not an assertion of a constitutional right but

simply indicates that a party has already filed, or

intends to file a jury demand pursuant to Rule 2-

325 (a).

Continued on page 27

THE ADVOCATE Page 27 January 2016

THE COURT OF SPECIAL APPEALS:

John T. Mitchell v. Maryland Motor Vehicle

Administration, No. 713, September Term 2014,

filed November 25, 2015. Opinion by Eyler,

Deborah S. Judge

Mitchell applied for a vanity plate which spelled

out "MIERDA". The MVA approved the

application and issued the plates, renewing the

plates two years later. Subsequently, the MVA

receive a complaint stating that the vanity plate

was inappropriate as it's translation from Spanish

was a profanity. The MVA rescinded Mitchell's

plates. Mitchell challenged the MVA's actions

arguing that as an agent of the state, it violated his

First Amendment right of freedom of speech when

it rescinded his vanity plates. The ALJ ruled in

favor of the MVA, and the final agency decision

was affirmed by the Circuit Court.

The Court of Special Appeals affirmed, citing

Walker v. Texas Division, Sons of Confederate

Veterans, Inc., 135 S. Ct 2239 (2015), in which the

Supreme Court held that specialty license plates,

which are custom designed and retooled based

license plates manufactured specially for a

nonprofit organization are government speech and

therefore protected. The Court state that it was not

deciding, in that case, whether vanity plate

messages were government speech. The Court of

Special Appeals held that Maryland vanity plate

messages are not government speech. Although

they serve as government IDs for vehicles

registered in this State, it is clear from the unique

and personalized nature of the messages displayed

on vanity plates that the speaker's message is the

driver/owner of the vehicle's not the State

Maryland. Since vanity plate messages are private

speech on government property, under the

Supreme Court's forum doctrine, regulation by the

government of private speech must satisfy the

strict scrutiny standard. Regulation by the

government of private speech on government

property that is in a nonpublic forum only must

CIVIL LAW UPDATE Continued from page 26

satisfy a reasonableness standard. The Court held

that vanity plates are a nonpublic forum as they

were not created by the government with the

intention of opening a forum for public discourse

and debate. The purpose of the vanity plates in

Maryland is to raise money for the State. Because

vanity plates are a nonpublic forum, Maryland may

impose regulations on the private speech in that

forum that are reasonable and viewpoint neutral.

The regulation prohibiting license plates from

displaying profanities, obscenities or epithets

satisfies that standard and therefore, the MVA did

not violate Mitchell's First Amendment right to

freedom of speech by rescinding his vanity plates.

Vanessa Kreyhsig v. Luis Montes, No. 1694,

September Term 2014, filed October 29, 2015.

Opinion by Nazarian, Douglas R. M., Judge.

During a divorce and custody proceeding, Father

sought to change the minor son's surname to include

his own. His request was granted in that

proceeding, but an en banc panel reversed the

decision. It did, however, give Father the

opportunity to seek a hearing which he did not.

Subsequently he filed a separate petition to change

the child's name, which the court denied without a

hearing as Father had not requested one. Following

a hearing on Father's Second petition for change the

minor child's name, the trial court determined that

the prior proceedings did not bar the current petition

by res judicata and granted Father's petition,

granting the name change.

The Court of Special Appeals reversed, finding that

the doctrine of res judicata bars relitigation of the

same claim between parties. While the doctrine

operates slightly differently in issues relating to

children, relitigation requires a showing of a change

in circumstances. IN the present case, there had

been no change in circumstances between the en

banc denial, the denial through his first Petition and

the current Petition. Therefore, the Second Petition

was barred by res judicata.

THE ADVOCATE Page 28 January 2016

Young Lawyers Holiday Lunch provides toys

for deserving children and raises money for

Toys for Tots!

Nearly seventy lawyers, judges, judicial law

clerks and courthouse staff gathered on

Thursday, December 17, 2015 for the annual

Young Lawyers Holiday Luncheon. his year’s

event benefitted Toys for Tots, and the

participants donated more than 100 unwrapped

toys and raised $500 for the organization.

Attendees feasted on outstanding food from

many local Towson-area businesses including

The Rec Room, Jake’s New York Deli, Bill

YOUNG LAWYERS HOLIDAY LUNCH by Sandy Steeves

Bateman’s Bistro, Towson Diner, Café Troia,

Pecora’s Deli, PF Chang’s, and Towson Hot

Bagels. All of the food was donated by our

local partners, and all of the leftover food was

taken to Our Daily Bread in Baltimore where

that organization accepted it as a gift to help

feed deserving citizens who do not have the

means to get a hot meal during these cold

winter months.

In addition to raising money for Toys for Tots,

everyone in attendance received a special treat

as the bar association was joined by

THE ADVOCATE Page 29 January 2016

YOUNG LAWYERS HOLIDAY LUNCH Continued from page 28

representatives from Itineris, which is a non-

profit organization that is our designated

charity for this bar year. Itineris is committed

to helping provide opportunities for

individuals with Autism Spectrum Disorder to

participate meaningfully in all aspects of adult

life. The organization participated in our

holiday luncheon, and had representatives at

the event to sell an array of beautiful items that

were hand-crafted by Itineris clients, including

pens, holiday signs, and other tremendous

works of art. It was absolutely heartwarming to

see the final product of so many people who

we are all working to support through the bar

association’s fundraising efforts, and attendees

were grateful to have a chance to purchase so

many wonderful items that were created by the

very individuals we are helping.

THE ADVOCATE Page 30 January 2016

YOUNG LAWYERS HOLIDAY LUNCH Continued from page 28

The holiday lunch was successful once again,

and will be a tradition that we all look forward

to for years to come. BCBA raised money and

secured countless donations for Toys for Tots,

and we provided some very talented and

deserving men and women from Itineris with a

platform to display their many works of art. It

was a great way to give something back to the

community as we entered the home stretch of

the holiday season.

THE ADVOCATE Page 31 January 2016

The BCBA-designated charity for 2015-2016

Baltimore County Circuit Court Law Library

News

January 2016

NEW DVD!!

The Law Library holds a collection of DVDs that may be borrowed by attorneys. The full details of the

policies and procedures for checking out media can be found on the Law Library’s website http://

www.baltimorecountymd.gov/go/lawlibrary or give us a call at 410-887-3086.

We added Hot Topics in Elder Law by the MSBA in December.

DRONES

This is just a friendly reminder that certain parties who recently purchased Unmanned Aircraft Systems

(AKA Drones) must now register them with the FAA or risk penalties. More details can be found at

https://www.faa.gov/uas/registration/faqs/. And no, paper airplanes, toy balloons, and Frisbees do not

need to be registered. Yes, that is in the FAQs.

Family Law Paralegal Independent Contractor

Paralegal AA & BS Degrees w/23 years experience

All services provided at my office, or your office. Available 7 days/week

All aspects of Discovery Process, Case Management, Drafting, etc.

Overflow work, or temp relief available..

Contact Tammy Daily, [email protected], 410-409-7541

THE ADVOCATE Page 32 January 2016

ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE?

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

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM

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

Our services include help for a broad range of problems and personal concerns, such as:

WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access

to treatment facilities and provide emergency practice management, as well as referrals to professional

counselors.

GARY MILES, Chair 443-632-1760

RICHARD LYNAS, Vice-Chair 410-288-1099

STUART AXILBUND 410-832-7579

JIM BEACH 410-241-8538

MARY CHALAWSKY 410-649-2000

MARISSA JOELSON 917-226-6472

JAY MILLER 410-951-7165

JOSE MOLINA 443-851-7353

SAM MOXLEY 410-733-3306

JOE MURTHA 410-583-6969

JIM QUINN 443-703-3041

BILL SALTYSIAK 410-583-8883

JUDGE PHILIP N. TIRABASSI 410-512-2053

MARK VAN BAVEL 410-337-5291

Depression

Marital and Family Relationships

Alcohol and Drug Abuse

Stress and Burnout

Prescription Drug Concerns

Career Concerns

Gambling

Internet Addiction

Sexual Addiction

Compulsive Spending

Eating Disorders

Balancing Work and Family

Don’t let this happen to your career. Reach out for

help before it becomes a train wreck. Don’t wait

for Bar Counsel to pay you a visit. Confidential help

is available for any attorney, paralegal or support

staff for drug, alcohol and/or mental health issues,

among others.

THE ADVOCATE Page 33 January 2016

Meet the Third President of the BCBA-

Laban Sparks

Laban Sparks was elected President of the BCBA on

May 3, 1922, the third Annual Meeting of the

BCBA. Born in 1874, he served many capacities in

the BCBA, from chair of the Committee upgrading

the Bar Library to membership on the Executive

Committee to coordinating participation of BCBA

members going to the MSBA and ABA Conventions.

He worked on BCBA Committees until shortly

before his death on January 3, 1943.

Sparks was intensely involved in the Maryland

Republican Party, even attending a luncheon with

President Harding on June 14, 1922, according to the

Baltimore Sun that day, “Senator France Guest List

Today In Excess of 200” at p. 24.

The Minutes of the BCBA reflect that, when Sparks

was sworn in he “delivered a splendid address,

dealing particularly with the power and enfluence

[sic] which members of the Bar exert in their

respective communities, and appealing for the close

and hearty cooperation of the members during the

coming year.” During his tenure, extensive work was

performed to upgrade the Bar

Library, according to the 1923

Annual Meeting minutes.. At

that 1923 Meeting, the Portrait

Committee reported that they

had worked on securing the

portraits of a number of

distinguished members of the

Baltimore County Bar

including John Gontrum, the

great-grandfather of the John

Gontrum who was President of

the BCBA from 2004 through

2005.

Ending his Presidency with a

personal touch, the Minutes

state that Sparks invited the

BCBA members and Judges to

a luncheon at his house. Can

you imagine a President having

the entire membership of the

BCBA over for lunch in this

age?

HISTORICAL PERSPECTIVES by Jeffrey R. Scholnick

Just as Sparks, at his swearing in, appealed to the

members to “exert in their respective communities,”

Sparks was involved in Baltimore and Maryland

charities. For many years he was a director and

officer for the Maryland State Fair and ultimately

rose to become President of the Fair in 1937 and

1938, Baltimore Sun, “Timonium Fair Officers Are

Reelected For 1938,” January 8, 1938, p. 4.

Accompanying this article is a 1926 photo of the the

BCBA membership taken in Courtroom 5 in the Old

Courthouse. (From the Balto Co Legacy Web,

Source- Balto Co Historical Society.) Sparks is in the

back row, on the left, standing next to his

predecessor as President of the BCBA, John Mays

Little

Also included is a photo (on page 37) from

approximately the time that Sparks was President of

the Fair. (From the Balto Co Legacy Web,

Photographer- Jack Shipley, Source- Jacques Kelly.)

Notice how packed the stands are as the crowd waits

for the start of a race?

THE ADVOCATE Page 34 January 2016

CRIMINAL LAW UPDATE by Robert C. Lidston

The December Amicus provides us with a Court of

Appeals decision and two Court of Special Appeals

decisions which may be of interest to practitioners.

Sibug v. State, No. 2, September Term 2015, filed

November 25, 2015 (opinion by Battaglia, J.). In

1999, Sibug was charged with first degree assault

and additional charges after he allegedly pointed a

handgun at his five children and threatened to kill

them. He entered pleas of not guilty, not criminally

responsible, and not competent to stand trial. The

Department of Health and Mental Hygiene

evaluation found him to be suffering from "religious

delusions" and opined that he was not competent to

stand trial. A circuit court judge entered an order

finding Sibug incompetent and committing him to

the same Department for inpatient care until he was

no longer incompetent to stand trial.

Sibug was a patient with the Department for over

four years. After he was involuntarily medicated, the

Department sent a 2003 letter to the circuit court

stating that his condition had improved and that he

was now competent to stand trial. Along with the

letter, the Department submitted a "draft order of

competence," but no judge ever signed such an

order or made any determination as to Sibug’s

competency. Nevertheless, in 2004, Sibug was

convicted on a not guilty agreed statement of facts.

In 2005, as a result of a coram nobis proceeding, the

court found that Sibug’s attorney had failed to

advise him of the deportation consequences of a

conviction.

In 2008, Sibug again came in for trial before the

same judge who had presided over the coram nobis

proceedings. Sibug’s testimony at this trial was

reflective of the "religious delusions" that were part

of his initial finding of incompetency. Despite his

behavior, the question of his competency was not

raised at trial and Sibug was convicted. Before

Sibug’s sentencing, his attorney asked for a

competency evaluation because he believed that

Sibug had not been competent to stand trial. At

sentencing, the judge stated that, despite his

behavior and previous determination of

incompetency, Sibug was competent. The Court of

Special Appeals affirmed Sibug’s conviction.

The Court of Appeals reversed. It held that having

been found incompetent in the same case in the

same court, Sibug needed to have been found

competent under Criminal Procedure 3-104. It stated

that Section 3-104 was clear in the need for judicial

determination of competency and "because the

responsibility for a competence determination lies

with the court, Sibug was still under the previous

finding of incompetence at the time of his 2008

trial." A determination by a psychiatrist was not

sufficient because a delegation by the court of its

constitutional responsibility was not acceptable.

Appeals found that comparing Sibug’s testimony at

trial with his prior evaluations of incompetency

"yields to the conclusion that the judge clearly erred

in finding Sibug competent to stand trial."

Continued on page 35

THE ADVOCATE Page 35 January 2016

CRIMINAL LAW UPDATE Continued from page 34

Vielot v. State, No. 2132, September Term 2013,

filed November 24, 2015 (opinion by Reed, J.).

Vielot was convicted of two counts of automobile

manslaughter connected to an incident in which he

fell asleep while driving. Vielot had worked a night

shift and, after a two hour morning nap, he drove his

wife to work and then to buy her lunch at a carry-

out. While driving back from the restaurant, he fell

asleep, drove onto a median strip, and killed two

landscapers. At his first trial, a jury failed to return a

verdict. He was convicted at a second trial.

Vielot appealed his convictions to the Court of

Special Appeals. He contended that the trial court

erred when it determined that a State’s witness was

"unavailable" for purposes of admitting former

testimony into evidence. The witness had testified at

the first trial that she saw Vielot fail to maintain his

lane for up to a mile before the accident. She did not

appear at the second trial due to injuries suffered in

an unrelated automobile accident. Vielot also argued

that the evidence did not support the judge’s

decision to give a "deliberate failure" jury

instruction which stated that "deliberate failure of a

driver to heed clear warning signs of drowsiness is

evidence of a reckless disregard for human life."

Finally, Vielot contended that there was insufficient

evidence to support his convictions.

COSA affirmed the convictions. The trial court did

not abuse its discretion when it found the witness

unavailable under Rule 5-804(a)(4). The witness had

suffered significant injuries and the State offered her

disability certificate and a note from her doctor

stating that she could not drive long distances. This

evidence was sufficient to support the court’s

determination regarding unavailability.

Additionally, because subsections (4) and (5) of

Rule 5-804(a) are independent, they need not both

be satisfied to sustain a finding of unavailability.

The trial court did not err in giving the "deliberate

failure" jury instruction. The admitted testimony

that Vielot repeatedly left and then returned to his

lane for up to a mile before the accident established

the "minimum threshold of evidence necessary to ...

allow a jury to rationally conclude that the evidence

supported the application of the ‘deliberate failure’

jury instruction."

Additionally, although the outcome may have been

different without the testimony of the unavailable

witness, other evidence was sufficient to support the

alleged convictions. Evidence that an individual

drove on two hour sleep is insufficient by itself to

support a jury’s determination that the person acted

in a grossly negligent manner. However, evidence of

lack of sleep combined with testimony that the

appellant continued to drive for a mile after his

initial failure to maintain his lane is minimally

sufficient to support the jury’s determination that he

deliberately failed to heed clear warning signs of

drowsiness.

Paige v. State, No. 2015, September Term 2014,

filed November 30, 2015 (opinion by Wright, J.).

Paige and two juveniles were stopped by loss

prevention agents as they exited a store carrying

concealed merchandise. Paige fought with the

agents in the store’s parking lot and was handcuffed

for her safety as well as that of the agents. She and

the two juveniles were then escorted to the loss

prevention office. There an agent called the police,

informed them of the theft, and asked them to

respond to the store. A police officer soon arrived

and shortly thereafter, Paige’s handcuffs were

removed and she signed a store statement of

admission form, a trespass notification form, and a

civil demand notice.

At Paige’s trial, a loss prevention agent testified that

she worked for a private retail store and was not

affiliated with any government organization. She

added that she was not with any police department,

that loss prevention agents were not endowed with

arrest powers, and that they were not police officers

themselves. She testified that she had never worked

for a police department. She also testified that Paige,

who was frightened that the parents of the juveniles

would be mad at her, repeatedly said "I did it, I did

everything. Don’t involve them. Don’t get them in

Continued on page 36

THE ADVOCATE Page 36 January 2016

CRIMINAL LAW UPDATE Continued from page 35

trouble." Paige was convicted of theft under

$1,000.00 and was sentenced to eighteen months

with all but six months suspended. She appealed to

the Court of Special Appeals.

COSA affirmed. Loss prevention agents or private

security guards who have no arrest powers or other

duties associated with typical law enforcement are

not special police officers, as that designation is

understood under Maryland Law. They are not

required to give the Miranda warnings when

interrogating an individual, and the mere presence of

a police officer while a suspect signs a written

admission of guilt is not the equivalent of police

custody so as to require Miranda warnings.

The following items are needed by Itineris, this

year’s BCBA-designated charity. Please feel free to

drop your donations off at the Bar Office and they

will be delivered. In advance, thank you for your

generosity.

Fake register and scanner Fake food (fruit, cans , etc.)

Stress balls

Laminator (Industrial sized) Laminate Sheets

Board Maker

Velcro Index Cards

Yellow Hi-liters

Papermate Color Pens Large PECS Communication books

Extra Sentence Strips

Extra Insert Pages Small PECS Communication books

Extra Insert Pages

ASL computer program? Single hole puncher

Index cards

Magic markers Colored pencils

A large paper shredder

White paper 20 sets of noise cancelling Head

phones (for music and for noise con-

trol) Fitness items (Balls, medicine Balls,

light weights, bands, et.)

Calculators Cleaning supplies

Art Supplies

Batteries (All sizes) Cooking supplies (Measuring cups,

Pans, pots, Baking sheets)

Flour, sugar, salt, sprinkles (basic cooking supplies)

Board games

Extra Lap tops (2) Ipads (2)

vacuum

Video camera Karaoke machine

Bikes/Adult tricycles

Padding for resource room

THE ADVOCATE Page 37 January 2016

See, Historical Perspectives article on page 33 which references this photo from approximately the time that Leban

Sparks was President of the Fair. (From the Balto Co Legacy Web, Photographer- Jack Shipley, Source- Jacques Kelly).

Holiday Party article can be found on page 14.

THE ADVOCATE Page 38 January 2016

CLE Committee

Mezzanine 08

March 2, 2016, Noon

Magical Mystery Tour - Behind the Scenes

Tour of the Circuit Court

April 6, 2016, Noon

Peace/Protective Orders

May 4, 2016,

Common Mistakes: Avoiding Attorney

Grievance

September 7, 2016

District Court Personal Injury Cases:

Proving Damages

Criminal Law Committee

Mezzanine 08, 5 - 6 p.m.

February 10, 2016

April 13, 2016

June 8, 2016

Entertainment Committee

January 28, 2016, Black-Tie Banquet

March 11, 2016, Bowling @ Mustang

Alley

April 26, 2016, Supreme Court Group

Admission

April 30, 2016, Hillwood Estate Tea and

Garden Tour, Washington, D.C.

June 2, 2016, Golf Tournament

Estates & Trusts Committee

Mezzanine 08, 5 p.m.

January 19, 2016, Estate Litigation

February 17, 2016, Gun Trusts

March 2016

April 6, 2016, Committee Dinner

Family Law Committee

Dinner Programs, 6 p.m.

February 11, 2016, The State of Family

Law in Maryland, Fazzini’s Taverna

March 24, 2016

April 7, 2016, Joint Program with BABC

Informational Sessions

Mezzanine 08, 5-6:30 p.m., followed by Happy

Hour in Towson

January 13, 2016

January 20, 2016

Evening Series

Mezzanine 08, 5-6:30 p.m.

March 16, 2016

April 20, 2016

May 18, 2016

Law Day 2016

Miranda, More Than Words

To be celebrated on Monday, May 2, 2016

Student Essays are due by April 16, 2016. The flyer

with criteria is available at http://www.bcba.org/

site/wp-content/uploads/2015/10/2016-Essay-student

-flyer.pdf

Committee Meetings Scheduled:

February 2, 2016, 5 pm

March 3, 2016, 5 pm

April 5, 2016, 5 pm

All meetings will be held in Mezzanine 08

NOMINATIONS for the

Judith P. Ritchey Award are now being

accepted, through February 2, 2016.

See criteria on page 8.

Memorial & Recognition Committee

Please notify Doris Barnes at the Bar Office of the

Committee Programs

THE ADVOCATE Page 39 January 2016

passing of any BCBA member. If this information is

received in a timely manner, it will be emailed to the

members. Thank you.

Those members who will be honored at next year’s

service on November 17, 2016, at 3:30 p.m., include:

Robert William Cannon

Robert Edward “Boz” Joy

Hon. I. Marshall Seidler

Charles E. “Chuck” Brooks

Charles E. Norton, Jr.

Negligence, Insurance & Workers’ Comp

Mezzanine 08, 5-6:30 p.m.

February 18, 2016

Workers’ Comp - Vocational

Rehabilitation

May 3, 2016, followed by a Happy Hour

Medical Malpractice Matters

Public Awareness & Speakers Committee

Civics & Law Academies

April 15, 2016 @ CCBC Catonsville

If you are interested in volunteering as faculty,

please contact Lisa Y. Settles.

Real Property Committee

Mezzanine 08, 12 - 1:30 p.m.

Brown Bag Lunch

March 8, 2016

May 10, 2016

State, Local Laws & Zoning Committee

Dinner Programs, 6 p.m.

February 4, 2016

March 3, 2016

April 13, 2016

Technology Committee

Mezzanine 08

February 17, 2016

Technology in the Courtroom

To be scheduled

Social Media for Marketing &

Investigation

Cloud Computing

Also look for monthly articles beginning next month

on technology tips, apps, practice software, case

management, etc. If you are interested in writing one

of these columns, please contact Rob Erdman, 410-

296-3630.

Young Lawyers Committee

April 3, 2016—Bull & Oyster Roast

Committee Programs

Not sure what benefits are

available to you as a BCBA

Member? Click the picture

to the left to learn more, or

call or email Doris Barnes

or Maxine Morrow for more

information.

THE ADVOCATE Page 40 January 2016

Signature Sponsors

The Baltimore County

Bar Association

continues its Signature

Sponsor program,

which enhances the

opportunities for our

sponsors, as well as our

members. This single-

tier program provides

more engagement

between our sponsors

and our members. Each

Signature Sponsor will

host one of teb

signature events held

throughout the year, thereby reducing the cost of the

event for members, and many other added benefits.

Sponsorships help the Bar Association maintain its

current dues level, despite the increasing costs of

providing top-shelf legal education programs, social

events, networking opportunities and Bar Office

services available in the County Courts Building. If

you know of a business that would be interested in

one of these limited sponsorship opportunities,

please contact Doris Barnes ([email protected] or 410

-337-9103).

Please join us in welcoming these sponsors and

consider their services when you need them. Their

ads are throughout each issue of The Advocate, and

can be located quickly using the index at the end of

the issue, and by the gold ribbon that accompanies

their ad. Please let them know you appreciate their

support. Thank you!

Custom order your string-art plaque from

Itineris, and know that you are helping an

adult with autism remain relevant and

confident that they, too, have something to

contribute! Contact the Bar Office for more

information.

LAWYER IN THE LOBBY CLINIC

The attorneys listed below have volunteered to staff

the LAWYER IN THE LOBBY CLINIC, which is held

the second Wednesday of each month, 4:30 to 6:30

p.m. This is an opportunity for citizens of

Baltimore County to meet, free of charge, with an

attorney for advice and/or referral or both

(including self-referral) in the areas of collections,

bankruptcy, landlord/tenant matters, contract,

warranties and other consumer matters, wills,

probate, advance directives, or small claims

actions.

If you are interested in staffing the Clinic, please

call Rachel M. Ruocco at 410-337-9100 or email

[email protected].

Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher

Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts

THE ADVOCATE Page 41 January 2016

THE ADVOCATE Page 42 January 2016

The Baltimore County Bar Association 100 County Courts Building

401 Bosley Avenue

Towson, MD 21204-4491

410-337-9103-Telephone

410-823-3418-Facsimile

www.bcba.org

MEMBER ADVERTISEMENTS

Towson. Office space available in a small law firm, perfect for a solo practitioner. Approximate size is 20x15.

Furnished office, and comes with desk, credenza and book cases. Use of conference room, waiting room and utilities.

Free parking. Rent $650/month. Call 410-321-8368 or email Stephen Dunn at [email protected].

Towson. Small criminal defense law firm (Spencer Gordon) seeking subtenant for our office at Courthouse Commons,

222 Bosley Avenue, Suite B7. One block from Circuit Courthouse; 15’ x 13.5’ room. Administrative/legal assistant

support available. Free parking. Seeking easy-going individual. Financial arrangements negotiable. Call 410-296-2555

or email [email protected].

Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a

Partner’s desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and

internet. Free parking. Close to Towson court houses, I695 and I83. Email [email protected] or call 410-828-8500.

Dundalk. Available office space in Dundalk. Call 410-288-2900.

Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet,

small bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively,

necessarily) is desired. Spin-off work will be available. Rent $650/mo. Contact J. Michael Lawlor at 410-494-1800 or

[email protected].

Eric N. Schloss has joined the Law Offices of Lee Saltzberg in

Towson, where he will continue to practice personal injury

law in Maryland, Virginia and Washington, D.C.

443-831-9034 (Cell)

[email protected]