Justice Matters - Maryland Judiciary...Justice Matters Vol. 10, Issue 2 September 2006 Staff Sgt. Martin Richburg was talking on his cell phone, waiting his turn to use a computer

A publication from the Maryland Judiciary

Justice MattersJustice MattersVol. 10, Issue 2 September 2006

Staff Sgt. Martin Richburg was talking on his cell phone, waiting his turn touse a computer in an Internet café in Al Kisik, Iraq, when he noticed a mannervously pacing outside. That day—March 27—every computer in the populargathering place on the combined Iraqi and American base was occupied.

In the middle of a phone conversation with his wife Olethia in BaltimoreCity, where he works for the District Court, Richburg saw the man place a blueplastic shopping bag on the café’s air conditioning unit and run off.

Richburg threw down his cell phone, ran after the man, and tackled him.With the help of an Iraqi citizen, Richburg quickly interrogated the man and

Staff Sgt. Martin Richburg

District Court supply clerknominated for Bronze StarStaff Sgt. Martin Richburg saves 17 lives in Iraq

By Ken Brown, Coordinator,Customer Information Services,

District Court Headquarters

As the new president of the Conference of Chief Justices, ChiefJudge Robert M. Bell of the Court of Appeals will lead theprominent national organization for a one-year term. Judge Bell,who had served as president-elect of the conference since theorganization’s annual meeting in August 2005, assumed his newresponsibilities at the close of the August 2006 conference.

Bell takes helm as president ofConference of Chief Justices

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inside

Used with permission fromThe Stars and Stripes.©2006 Stars and Stripes

News from the Bench ...................... 2

Judicial Independence Campaign ........ 3

ADR on Eastern Shore ...................... 4

What Do Masters Do? ..................... 6

New District Court ADR Director ...... 8

Congratulations to ......................... 12

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editorial boardJudge Dennis M. Sweeney

Chairman, Howard CountyCircuit Court

Judge William H. Adkins, IIITalbot County District Court

Judge Jean Szekeres BaronPrince George’s CountyDistrict Court

Judge Ralph M. BurnettGarrett County District Court

Judge William O. CarrHarford County Circuit Court

Sandra Dalton, ClerkFrederick County Circuit Court

Valerie Dawson, Court ReporterWicomico County Circuit Court

Judge James R. EylerCourt of Special Appeals

Judge Marcella A. HollandBaltimore City Circuit Court

Catherine McGuire, Outreach ServicesMaryland State Law Library

Diane Pawlowicz, Asst. Chief Clerk,District Court

Judge Emory A. PlittHarford County Circuit Court

Sally W. RankinCourt Information Officer

Judge Russell Sadler, HowardCounty District Court, Retired

Judge Gail J. SchafferAnne Arundel CountyOrphans’ Court

staffMary Brighthaupt, designerDan Clark, photographerJack Fino, photographerRita Buettner, editorMolly Kalifut, writer

Justice Matters is publishedquarterly. We welcome yourcomments or ideas.Contact us at:

Court Information Office361 Rowe Blvd.Annapolis, MD 21401Tel: (410)[email protected]

The National Center for Courts and Media in the National Judicial Collegehas received a grant from the Donald W. Reynolds Foundation to bring judgesand journalists together to foster better relations. When judges and journalistsrecognize that they have common goals to serve the public, they will betterunderstand each other’s perspective.

The District of Columbia and Maryland are co-sponsoring this one-day judges/journalists workshop on Saturday, October 14, in Annapolis. This program wasoriginally scheduled for last October.

A group of 70 judges and 70 journalists will participate in an interactiveworkshop that gives everyone an opportunity to voice their opinions on any issuesthey have with each other. The workshop will focus on topics regarding accessand news coverage issues created by First and Sixth Amendment conflicts inprevious trials. More details about enrollment will be sent to judges shortly.

Judges and journalists to gather

for workshop

AppointmentsHon. Yvette M. BryantHon. Yvette M. BryantHon. Yvette M. BryantHon. Yvette M. BryantHon. Yvette M. Bryant was appointed to the Circuit Court forBaltimore City, filling a vacancy created by the retirement of Hon.Bonita J. Dancy.Hon. THon. THon. THon. THon. Timothy J. Dooryimothy J. Dooryimothy J. Dooryimothy J. Dooryimothy J. Doory was appointed to the Circuit Court forBaltimore City, filling a vacancy created by the retirement of Hon.Thomas E. Noel.Hon. John Addison HowardHon. John Addison HowardHon. John Addison HowardHon. John Addison HowardHon. John Addison Howard was appointed to the Circuit Courtfor Baltimore City, filling a vacancy created by the death of Hon.Stephanie L. Royster.Hon. DaNeekHon. DaNeekHon. DaNeekHon. DaNeekHon. DaNeeka LaVa LaVa LaVa LaVa LaVarner Cottonarner Cottonarner Cottonarner Cottonarner Cotton and Hon. PHon. PHon. PHon. PHon. Patrick Ridgewayatrick Ridgewayatrick Ridgewayatrick Ridgewayatrick RidgewayDuleyDuleyDuleyDuleyDuley were appointed to the District Court for Prince George’sCounty, filling vacancies created by the elevation of Hon. AlbertNorthrop and the retirement of Hon. Richard Palumbo.Hon. Christopher L. PHon. Christopher L. PHon. Christopher L. PHon. Christopher L. PHon. Christopher L. Panosanosanosanosanos was appointed to the District Courtfor Baltimore City, filling a vacancy created by the elevation ofHon. Timothy J. Doory.Hon. RHon. RHon. RHon. RHon. Robert Banksobert Banksobert Banksobert Banksobert Banks was appointed to the Orphans’ Court forBaltimore County, filling a vacancy created by the resignation ofHon. Julie Ensor.

RetirementHon. Richard Angelo PHon. Richard Angelo PHon. Richard Angelo PHon. Richard Angelo PHon. Richard Angelo Palumboalumboalumboalumboalumbo, District Court for PrinceGeorge’s County.

In MemoriamHon. RHon. RHon. RHon. RHon. Robert D. Horseyobert D. Horseyobert D. Horseyobert D. Horseyobert D. Horsey, , , , , retired, Somerset County Districtjudge from 1976 to 1998.

News from the Bench

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The National Center for State Courts (NCSC) hasselected the Maryland Judiciary as one of five pilot sitesfor a public awareness campaign to promote and increaseunderstanding of judicial independence and accountability.

The purpose of this campaign is to provide the nation’sstate court systems with a set of tools that can increasepublic awareness and understanding of how courts work,and to help judges and other court employees respond topublic criticism of the judiciary. The campaign wasdeveloped after the Public Affairs Committee of the NCSCBoard of Directors identified judicial independence/accountability and how to help the public understand itsimportance as one of its objectives.

To educate the public, materials are being developed—speeches, brochures, illustrated novels, and posters—tocreate a positive image of the judiciary and emphasize thevalue of strong and impartial courts to society. In Maryland,the distribution of materials will be coordinated with theCourt Information Office.

In addition to the Maryland Judiciary, the NCSCselected four other pilot sites: State Courts of Georgia;State Courts of Utah; Maricopa County, Arizona; and 8thJudicial District Court in Nevada.

“We already had a working relationship with thesecourts,” Montgomery said. “We know its going to involvemore work, even though we’re providing materials, so wewanted to be able to give it to courts where they had peoplewho already understood the issue.”

The Maryland Judiciary was chosen partly because ofits established Court Information Office and because ofChief Judge Robert M. Bell’s support of judges speakingon judicial independence, she said.

“Chief Judge Bell is so eloquent and wonderful on thisissue, and we know that with him being out front it mightencourage other judges to get out front,” Montgomery said.“Judges will know that they have his support, and then if

By Lorri Montgomery,Director of Communications/Public Relations,

National Center for State Courts

Maryland chosen as pilot site forjudicial independence campaign

we provide the materials maybe it will help other Marylandjudges feel like they can get out there on that speakercircuit.”

The NCSC project will include the following elements,which will be available soon and free of charge to the courts.

Speakers BureauThe NCSC will provide judges with tools such as

speeches, talking points, etc., with which to addresscommunity groups. The speeches, which will address topicsincluding “The Role of Courts in Society,” “How CourtsMake Decisions,” and “How Judges are Accountable to theLaw,” will be available to courts through a password-protected site on the NCSC Web site.

The NCSC has also developed a brochure to promotethe Speakers Bureau, leaving space for each court’s contactinformation. These materials can be incorporated into theMaryland Judiciary ’s existing Speakers Bureau.

Poster SeriesThe NCSC is designing a series of posters to enhance

the image of state judiciaries, conveying a subtle messageabout how the courts are designed to protect individualrights. The posters, which will be printed by the NCSC,will include space for personalization. The posters can behung in courthouses, state buildings, and public places.

Illustrated NovelThe NCSC is working with a “graphic novel” company

to develop a book with a story line that explains how judgesmake decisions. This illustrated novel is being developedon a secondary education level. Copies of the book will beavailable in jury selection rooms, and as material for judgesto distribute during speaking engagements.

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Lower Eastern Shore courts

In recent years, alternative dispute resolution (ADR)has become an important resource for Maryland litigantsin resolving conflicts. The Judiciary, through the guidanceof Chief Judge Robert M. Bell and Maryland’s Mediationand Conflict Resolution Office (MACRO), has promotedthe initiation of ADR programs throughout Maryland.

As part of a statewide effort led by the Maryland StateBar Association’s Judicial Administration Section, theCircuit Court for Wicomico County, under the directionof Judge Kathleen L. Beckstead, hosted a seminar April 20to present an overview of ADR programs available in eachcounty in the First Circuit of Maryland. Members of localBars and ADR service providers attended.

The seminar featured a panel of judges and masters,with Judge Beckstead as moderator who providedinformation relative to each county’s program. The judgesand masters were assisted by family support servicescoordinators and ADR service providers.

During opening remarks, Somerset County and FirstCircuit Administrative Judge Daniel M. Long quoted fromJudge Bell’s 2000 State of the Judiciary address reiterat-ing the Judiciary ’s commitment to ADR: “In addition topromoting civility and empowering citizens to control the

outcome of their dis-putes in peaceful ways,the Judiciary believesthat the success of theADR initiatives alsowill increase public ac-cess to justice andallow our courts to bemore efficient and pro-ductive.” Judge Longexplained that ADRhas had a significantimpact on how ourcourts handle cases.Litigants are encour-aged to seek their own

solutions to conflict, often resulting in the settlement ofcases in a more timely manner. Judge Long further com-mented that the use of ADR began to take root on theLower Eastern Shore with the appointment of masters inthe First Circuit. Judge Sally D. Adkins, now serving onMaryland’s Court of Special Appeals and former judge ofthe Circuit Court for Wicomico County, was a great pro-ponent of using ADR in domestic cases and encouragedits use while on the bench in Wicomico. The use of retiredjudges to conduct settlement conferences was one of thefirst forms of ADR in the First Circuit. A circuit-wideschedule for settlement conferences continues to be devel-oped annually.

Providing ADR resources

Karen R. Brimer, family support services coordinatorfor Somerset County, in conjunction with Judge Long andMaster Robert E. Laird, Jr., provided a synopsis of ADRprograms available in Somerset. Although Somerset has thesmallest population of the four counties on the LowerEastern Shore, the court provides its residents with ADRresources that include child custody/visitation mediation,property/alimony mediation, scheduling conferences, andan ADR facilitator program. This year, Brimer has plannedfor Somerset to host a five-day training session formediation in child in need of assistance and terminationof parental rights cases with funds provided by MACRO.

Wicomico County Circuit Judge Donald C. Davisdiscussed status conferences that are used to motivateactivity in cases that have been stagnant for a period oftime. Judge Beckstead discussed Wicomico’s procedure forscheduling pre-trial settlement conferences in non-domesticcases.

Dorchester County Circuit Administrative Judge BrettW. Wilson presented an overview of Dorchester County’sADR programs. “How far we have come in 10 years,” hesaid, explaining his pride in the number of ADR programs

Alternative Dispute Resolution in the First Judicial Circuit

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By Lynn Cain, court administrator, First Judicial Circuit

developed in a rural jurisdiction withlimited resources. In addition to regularlyscheduled settlement conferences, otherADR programs include child custody/visitation mediation, property/financialmediation, scheduling conferences, andinformal referrals for mediation from thefamily support services coordinator.Judge Wilson works with the court’s onemaster, Master Maurice S. Nelson, andFamily Support Services CoordinatorAmy Craig. Both Nelson and Craig havecompleted the 60-hour general and familylaw mediation training offered throughthe Administrative Office of the Courts.

Worcester County Circuit JudgeRichard R. Bloxom and Master MaryMargaret Kent provided information onthe numerous ADR programs availablein Worcester County. Judge Bloxomspoke of the retired judges used forsettlement conferences and the VolunteerAttorney Settlement Panel, whichincludes experienced family lawpractitioners from the Worcester CountyBar Association who give their time tofacilitate both domestic and non-domestic settlement conferences.

Cases that subsequently go tomediation show a 50 percent settlementrate. In addition to settlementconferences, Worcester County ’sprograms include child custody/visitation mediation, marital propertymediation, pro se family mediation, andcivil (non-domestic) mediation. MasterKent credited Worcester County FamilySupport Services Coordinator AnneTurner with “fine-tuning” the programsin Worcester.

reflect on changes in use of ADR

Participating in the seminar were (front row, left to right) Worcester

County Circuit Judge Richard R. Bloxom, First Circuit family law judge;

Diane K. Beauchamp, Esq.; Karen R. Brimer, Somerset family support

services coordinator; Wicomico County Circuit Judge Kathleen L.

Beckstead; Dorchester County Circuit Judge Brett W. Wilson; Worcester

County Circuit Master Mary Margaret Kent; Wicomico County Circuit

Master Leah J. Seaton; (back row, left to right) Wicomico County

Circuit Administrative Judge Donald C. Davis; Dr. Margaret E. Matlack;

Amy Craig, Dorchester County family support services coordinator;

Somerset County Circuit Judge Daniel M. Long, First Circuit

administrative judge; John Williams, Esq.; and Brian Polkinghorn,

director of the Center for Conflict Resolution at Salisbury University.

Not pictured is Dorchester County Circuit Master Maurice S. Nelson.

photo by Lynn Cain

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“Andrew suffers from diabetes. Because he didn’t take hismedication, his blood sugar levels went so high that hehad to be hospitalized for several days. Andrew’s father,Mr. Harris, is either unable or unwilling to require Andrewto take his medication. The department ofsocial services has concluded that it wouldbe unsafe to leave Andrew in Mr. Harris’care. We ask the court to place Andrewunder an order of shelter care to thedepartment for relative placement. Weintend to place Andrew with his maternalgrandmother, Mrs. Jones.”

Our court doesn’t hear many medicalneglect cases. There must be something elsegoing on within this family.

For more than 18 years, I have beenone of nine masters who hears cases in theJuvenile Division of the Circuit Court forBaltimore City. Masters are experiencedlawyers hired to assist judges by hearingcases and performing related duties. Thereare masters in every jurisdiction inMaryland. In some circuits, masters are shared by courtsin more than one county. Larger jurisdictions have multiplemasters. Most masters are generalists who handle juvenilecourt cases, child support cases, divorce cases (withinlimits), and “other duties as required.” In my jurisdiction,we specialize. Unless I am specially assigned, I hear onlyjuvenile court cases.

A shelter care hearing is usually the first hearing in acase. These are emergency hearings held on the first courtday after a child is removed from his or her home. InBaltimore, and in most of Maryland’s jurisdictions, a child

in need of assistance (CINA) petition isfiled prior to the shelter care hearing. Themerits of the petition, however, will beconsidered at the adjudicatory hearing heldabout 30 days after the shelter care hearing.The purpose of the shelter care hearing isto decide whether the child can safely returnhome while awaiting the adjudicatoryhearing. If not, the court will determinewhere the child will stay during that time.

Because the hearing is held emergently,shelter decisions are often made with lessinformation available to the court than isavailable at other hearings. The attorneysare also less prepared for the same reason.And yet research has shown that shelterhearings may have the most impact onfamilies of any hearings we hold. If a child

returns home after a shelter care hearing, it is likely thechild will remain in the care of his or her family untilbecoming an adult. If a child is removed at the shelterhearing, it is significantly less likely that the child will growup in the care of his or her family.

“Andrew is my client. He is 12 years old and is able todecide for himself what he wants. Andrew wants to live withhis mother, but he understands that she may be unable tocare for him because of her medical problems. His second

By Master James Casey, Juvenile Division,Circuit Court for Baltimore City

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What do masters do?

Note: The names and some of the facts in “Andrew’s” case

were changed to protect confidentiality.

Two masters describe the daily responsibilities

of these less-understood roles

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photo by Neil Moores

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People are always asking me, “What does a master do?”and “Why do they call you Master?” I do not know theanswer to the second part of the query, although I haveseveral pat answers, none of which is appropriate for thisarticle. Therefore, I will stick to the first partof the question. As a domestic relationsmaster, I hear non-criminal matters relatedto the family and children in need ofassistance (CINA) cases. Ten years ago whenI began this job, I sat in Talbot, Kent, andCaroline Counties. Along the way, I pickedup Queen Anne’s County for a year.Currently I am assigned to Talbot andCaroline counties only. I have to tell youthat while I enjoy only having to work intwo counties, I really miss all the wonderfulpeople I worked with in Kent and QueenAnne’s Counties.

I begin each week in Caroline County’sbeautiful county seat, Denton, at 8:45 orso. The very first things on my docket everyMonday are scheduling conferences.Typically, we will have anywhere from four to six conferenceswhere the litigants and their attorneys, if they arerepresented, must appear. Here we set discovery deadlines,order mediation in appropriate cases, determine whether a“best interest” lawyer is needed, entertain requests for homestudies, psychological examinations, paternity tests, etc. Ifnecessary, pendente lite hearings are set, generally before meunless a conflict prevents me from hearing the case.Typically, pendente lite hearings are held where the partieshave not resolved temporary custody, child support, spousal

support, and or use and possession issues. In TalbotCounty we have initiated an attorney facilitation programwhere a volunteer attorney meets with pro se litigants atthe time of the settlement conferences to determine if they

have a dispute and to assist them withresolving any minor issue that may exist.

Contested divorce cases withproperty issues are almost always set fora settlement conference. In originalcustody, child support, and visitationcases, the litigants have an option. Theycan elect to have a hearing with me orwith the judge. If they wish to have ahearing with me, the hearing date is setat the scheduling conference. If theywish to have a hearing with the judge,the file is sent to the judge’sadministrative assistant who sets the trialdate. Any request for modification ofchild support, custody, visitation, oralimony is automatically set before meat the scheduling conference. I also

determine if cases are contested or uncontested. Anyuncontested matter can be concluded at the settlementconference.

Once the settlement conferences are completed, we beginour regular docket, which can include uncontested divorces,contempt proceedings, protective order hearings,modification hearings, etc. Some mornings we finish at10:30 a.m.; other mornings we complete the docket at noonor later. The afternoon docket begins at 1:30 p.m. and is acontinuation of the morning. We finish when the docket

By Master Jo Ann D. Asparagus, Circuit Court forCaroline County and Circuit Court for Talbot County

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Masters in Chancery are responsible for conducting hearings and review ofJuvenile, CINA, TPR, domestic, and child support matters in accordancewith the applicable Maryland Law and Rules of Procedure. Masters, whohave backgrounds as practicing attorneys, are not judges. They have varyingresponsibilities depending on their jurisdiction. These first-person essaysoffer a glimpse into the duties of two masters’, as they share theirexperiences in jurisdictions with different geography and caseloads.

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courtesy of Master Jo Ann Asparagus

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When Jonathan S. Rosenthal graduated from lawschool, he was interested in family law, but he neverconsidered mediation. One day in 1997, after what hecalls a “particularly nasty” family law case, he left courtand returned to his office.

“My head was spinning ,” he said. Hestarted leafing through the ABA Journaland saw an ad for a mediation course—acourse he decided to take. “It changed mylife. It changed my perspective.”

After volunteering as a mediator andadding mediation to his law practice,Rosenthal took a position with theMediation and Conflict ResolutionOffice (MACRO). “I couldn’t say ‘no’to the opportunity.”

Now Rosenthal has said yes toanother opportunity. He was recentlynamed the executive director of alternativedispute resolution (ADR) programs inthe District Court of Maryland. ChiefJudge of the District Court of MarylandBen C. Clyburn created the executive levelposition to oversee the District Court’sADR programs throughout the state.

“I’m looking for Jonathan to reallytake the program to a new level,” JudgeClyburn said. “I expect him to increasethe publicity for the programs and enhance the educationof the public because there is still a basic lack ofunderstanding of what ADR is.”

As the new position gives the ADR Office a higherprofile, Judge Clyburn expects that office to increasevolunteer mediator hours and training for mediators, whilealso educating court staff to find ways to use ADR before

Rosenthal seeks to increase mediation’s profileDistrict Court creates executive position to oversee statewide ADR Office

cases come to trial. “We’re going to look and see where wecan use ADR early on in the process,” he said.

Judge Clyburn praised Rosenthal for his “wealth ofexpertise,” calling him “uniquely qualified for this positionbecause of his prior experience.”

A graduate of the University ofMaryland School of Law with bachelordegrees in political science and publicrelations from Syracuse University,Rosenthal practiced law with Rosenthal,Kaufman & Ries in Baltimore from 1991 to1994 and in his own law office in Baltimorefrom 1994 to 2002. He joined MACRO—a court-related agency serving as an ADRresource for the state — in March 2002 andwas Director of Court ADR Resources.

Now, after starting his new positionAugust 16, Rosenthal looks forward toincreasing the awareness, accessibility, andquality of ADR in the District Court, whilefostering a closer relationship with MACROother mediation resources, and appropriatepartners.

“One priority is to build bridges betweenthe District Court ADR Office andcommunity mediation centers,” he said,referring to community mediation programs,partly funded through MACRO and

handling similar issues to the District Court’s ADRprograms which offer mediation at no cost. “Anotherchallenge is to make the service we provide in the DistrictCourt highly visible and of a high quality.”

To increase the profile of the District Court’s ADRprograms, Rosenthal plans to launch a public awarenesscampaign—using MACRO posters advocating mediation;speaking to community and civic groups, colleges anduniversities, and other government agencies; and workingto spread stories of successes about the District Courtprograms.

“People are beginning to get what mediation is, butnot always when to use it or where to find it. There arestill some misconceptions about it,” Rosenthal said.

photo by Rita Buettner

“It’s not just taking cases off the docket. Mediation

can help people get to the underlying cause

of a conflict, and to find meaningful solutions

that might go beyond what they seek in court,”

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Mediation, from 8

“Sometimes people think it’s a compromise, and it’s really much more. Mediation can be an opportunity to resolve thedispute and find solutions that meet everyone’s needs.”

ADR will never put the courts out of business, especially since mediation is not appropriate for every case, he said.

“It’s not just taking cases off the docket. Mediation can help people get to the underlying cause of a conflict, andto find meaningful solutions that might go beyond what they seek in court,” Rosenthal said. Instead, the cases thatneed to go to court can be handled in more depth, and “judges will be able to utilize their resources in a more usefulway to them, and to the people that come before them.”

is finished. One of the things that makes this jobinteresting is that you really never know what is goingto happen.

Now that you have had a glance at my Mondays,let me tell you about the rest of the days. I am alsoin Caroline County every Tuesday. On the first andthird Tuesday of the month, I hear child supportcontempt cases in the morning, and paternity andchild support establishment and modificationmatters in the afternoon. On the second andfourth Tuesday of the month, I hear CINA cases. Thesecond and fourth Wednesday I hear CINA cases inTalbot County.

Finally, I am in Easton every Thursday and Fridayand I do the same things there that I described above.The first and third Wednesdays are my chambers days.I use this time as well as the time I have when casessettle, etc., to prepare orders, and write reports andrecommendations when they are needed.

While I think I always make it clear what I do asa master, I am certain that many of the people whoappear before me do not hear me when I say that Ionly make recommendations and I know that theyare genuinely confused when I explain to them theirright to file exceptions. Somehow, we all muddlethrough, and I believe that by the time most people

Eastern Shore master relates duties, from 7

leave, they understand a little bit more than they did whenthey arrived. I hope they leave feeling that, if nothing elsehappened, somebody heard what they had to say. It is clearto me, as I watch all of us associated with the family courtexperience people’s suffering and joys, that we grow moretolerant and understanding of the impact domestic issuescan have on an individual’s life. As a result, our team workshard to make people as comfortable as we can to help themthrough some difficult and tense times.

I consider myself a lucky person because I get to workwith the people who appear before me to try to solve someof life’s everyday problems in conjunction with all of thepeople who work in the family court. They include the Clerkof the Court’s staff, the judges and their staff, the familyservices coordinator, the Department of Social Services,sheriff ’s department, the Department of Juvenile Services,and all other agencies connected to the court. Everywhere Ihave worked I have had the privilege of working with super-competent, efficient people who make going to work a joy. Icould not have survived without the support they haveprovided and continue to provide for me.

Maryland state flowerRudbeckia hirta,“Black-eyed Susan”

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choice is to live with his maternal grandmother, Mrs. Jones.He enjoys the company of the other children in her home.Although he is not asking to return to his father’s care,Andrew wants to make it clear that it wasn’t his father’sfault that Andrew didn’t take his medication. His father triedto make him take the medicine, but Andrew refused.”

There still seems to be something missing. If Andrewdoesn’t want to return to his father’s care, why did Andrewwant to take the blame for missing the medication? If Mr.Harris wanted to make Andrew take his medicine, why wasn’the able to succeed?

Making recommendationsWith limited exceptions, masters have no independent

authority. They make recommendations to judges who mayor may not accept those recommendations. An orderrecommended by a master is not valid unless it is alsosigned by a judge. Lawyers who feel a master has erred canfile an exception and request that the judge not approvethe order. In theory, this system is problematic. Is anannounced decision an order or just a recommendation?In practice, it works better than might be expected. Lawyersunderstand that the announced decision is only arecommendation. Nonetheless, the recommendation isusually treated as if it were an order until a judge eitherissues an order consistent with the recommendation orrefuses to issue such an order.

“Andrew’s mother, Ms. Jackson, wishes that he couldstay with her, but he can’t. She has bleeding ulcers andshe never knows when she will need emergencyhospitalization. Ms. Jackson wants Andrew to stay with his

father, Mr. Harris. She and Mr.Harris haven’t been together for along time now, but they still getalong. She has a much easiertime seeing Andrew when he is inMr. Harris’ care than she doeswhen Andrew is in her mother’scare. Ms. Jackson denies thedepartment of social servicesallegation that she has a drugproblem. She is proud of the factthat she has five years clean.”

This case still hasn’t come into focus for me. If allthese adults get along so well, why can’t they get Andrewto take his medication? And why does the department needshelter care? Couldn’t they just monitor the situation toensure that Andrew doesn’t need to be hospitalized again?I am glad that Ms. Jackson isn’t seeking custody. She lookslike she has all she can handle taking care of her own medicalneeds.

Listening to peopleIn this hearing, both parents are present and both are

represented by counsel. The child and the department arealso represented, but those parties are always representedin CINA cases. Most often, only one parent appears atshelter hearings. Sometimes neither parent appears. Parentswho are eligible for representation are usually represented,but some choose to represent themselves. The court willreset the hearing if a parent wishes to hire an attorney, butmost parents who are not eligible for government-supportedrepresentation choose to represent themselves at shelterhearings. They will often hire an attorney before theadjudicatory hearing. The life of a master is always easierwhen all parties are represented. At Andrew’s hearing, thematernal grandmother is present in addition to both parents.She is not a party, but it is apparent that she may play arole in caring for Andrew.

“Mr. Harris is the best caretaker for Andrew. He hasdiabetes himself. He understands the disease and theimportance of taking medication and maintaining a properdiet. He and Mrs. Jones get along fine. Andrew is alwaysgoing to her house anyway. No matter what happens, Mr.Harris and Mrs. Jones will work together in raising Andrew.Mr. Harris regrets that Andrew had to be hospitalized andhe will make sure it doesn’t happen again.”

I’m relieved. All parties want Andrew cared for by eitherMr. Harris or Mrs. Jones. They intend to work togetheranyway. Mrs. Jones confirmed what the attorney for Mr.Harris said. The question remains, why does this caserequire a shelter care order?

“The department acknowledges that Mr. Harris takescare of Andrew when Andrew is in Mr. Harris’ home. Theproblem is that Mr. Harris allows Andrew to stay with his

Baltimore City master

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mother. Andrew’s medical emergencies occur when heis in his mother’s care or right after he returns fromstaying with her. Because we can’t trust Mr. Harris toforbid Andrew to stay at Ms. Jackson’s house, we needthe shelter care order.”

Suddenly I understand. Mr. Harris is responsible andnice, but he isn’t tough. He feels sorry for Ms. Jackson sohe allows Andrew to stay with her frequently. Mrs. Jonesis tougher. This is why Ms. Jackson said it was easier tovisit Andrew when he is in Mr. Harris’ care than when heis in Mrs. Jones’ care. It is also why she wants Andrew tostay with Mr. Harris. I also suspect that there is a rolereversal here. When Andrew stays with his mother, he iscaring for her, not vice versa.

Using discretionEach attorney speaks again, but little new is said. In

Baltimore, the attorneys proffer testimony at shelter carehearings. Such proffers are permitted but not requiredunder the Rules. Other jurisdictions will not allow proffers.All testimony comes from sworn witnesses. Still otherjurisdictions will have witnesses called in some cases butnot in others. Shelter care hearings are exempt from theusual evidentiary rules. Judges and masters conductingshelter care hearings have considerable discretion indeciding what testimony, or proffered testimony, will beconsidered. Adjudicatory hearings do follow the usual rulesof evidence.

I recommend that Andrew remain in the care of hisfather pending the adjudicatory hearing and that the courtissue an order controlling conduct. Andrew may not visithis mother where she lives. Ms. Jackson may visit withAndrew at the home of Mrs. Jones or at the home of Mr.Harris, but only when those visits are supervised by Mrs.Jones or Mr. Harris. This order will expire on the day ofthe adjudicatory hearing. Mr. Harris and Mrs. Jones seemsatisfied with this order. The department doesn’t react oneway or the other. Andrew seems OK with it at first, butthat changes. Ms. Jackson is angry and upset. She pleadsand she cries. Andrew reacts visibly to his mother. Witheach passing moment he becomes more and moreanguished. He gives me a hateful look.

I realize that my hunch wascorrect. Andrew has been caringfor his mother. She has growndependent on him. He feelsresponsible for her. It tears himup when she cries and pleads.An outsider might feel my recommendation was cruel. Infact, the recommendation was needed to protect Andrew.His father and grandmother can care for him. The courtorder is needed to ensure that Ms. Jackson doesn’tinterfere. It also allows Mr. Harris to refuse her requests.He can blame it on the court order. Andrew is upset, buthe needs to be relieved of the burden of caring for hismother.

The first priority for shelter care hearings, and forchild in need of assistance cases in general, is that thechild remain safe. The next priority is permanency. Wherepossible, children should remain with one or both parents.If that isn’t possible, children should be placed withrelatives. If that isn’t possible, the department of socialservices should plan for adoption. The least favored optionis long-term foster care. Congress and the GeneralAssembly have both determined that every child needs apermanent family. Children who end up in long-termfoster care tend not to have a permanent family when theybecome adults.

Working for efficiencyThere is a gap between the policy articulated in the

statutes covering permanency planning and the day to dayimplementation of permanency planning. I have put a lotof time and effort into trying to close that gap. I haveworked to make the juvenile court more efficient, moreaccountable, and more considerate of the public. I haveworked on creating alternatives to detention in delinquencycases. I sit on committees that try to improve caseprocessing in both delinquency cases and in CINA cases.When I think about what a master does, however, I don’tthink of all those systemic efforts. I think about hearingcases, one case at a time. Each case is different from theothers. Each family is struggling to make things work.Cases like Andrew’s make the job of being a masterworthwhile.

considers a case, from 6

12

PPPPPrince Georrince Georrince Georrince Georrince George’s County Circuit Administrative Judge Wge’s County Circuit Administrative Judge Wge’s County Circuit Administrative Judge Wge’s County Circuit Administrative Judge Wge’s County Circuit Administrative Judge Will iam D.il l iam D.il l iam D.il l iam D.il l iam D.MissouriMissouriMissouriMissouriMissouri, who has been elected chair of the National Conference of State TrialJudges. Judge Missouri also serves as chair of the Maryland Conference of CircuitJudges.

PPPPPrince Georrince Georrince Georrince Georrince George’s County Circuit Judge C. Philip Nichols, Jrge’s County Circuit Judge C. Philip Nichols, Jrge’s County Circuit Judge C. Philip Nichols, Jrge’s County Circuit Judge C. Philip Nichols, Jrge’s County Circuit Judge C. Philip Nichols, Jr....., who receivedhis master’s degree, with highest distinction, in national and strategic studiesfrom the U.S. Naval War College in Newport, R.I., in June. Judge Nichols is acaptain in the U.S. Navy Reserve and is assigned to the U.S. Navy-Marine Courtof Criminal Appeals.

PPPPPrince Georrince Georrince Georrince Georrince George’s County Circuit Judge Richard Hge’s County Circuit Judge Richard Hge’s County Circuit Judge Richard Hge’s County Circuit Judge Richard Hge’s County Circuit Judge Richard H. Sothor. Sothor. Sothor. Sothor. Sothoron, Jron, Jron, Jron, Jron, Jr. ,. ,. ,. ,. , whoreceived the Judge Anselm Sodaro Judicial Civility Award from the MarylandState Bar Association. The award is presented to a judge who demonstrates judicialtemperament, civility, and courtesy to attorneys and litigants.

Montgomery County Circuit Judge Ann N. Sundt,Montgomery County Circuit Judge Ann N. Sundt,Montgomery County Circuit Judge Ann N. Sundt,Montgomery County Circuit Judge Ann N. Sundt,Montgomery County Circuit Judge Ann N. Sundt, who received the BeverlyA. Groner Family Law Award from the Maryland State Bar Association’s Family& Juvenile Law Section at their conference in June.

RRRRRetiretiretiretiretired Baltimored Baltimored Baltimored Baltimored Baltimore City Circuite City Circuite City Circuite City Circuite City CircuitJudge Kathleen OJudge Kathleen OJudge Kathleen OJudge Kathleen OJudge Kathleen O ’F’F’F’F’Ferra l le r ra l le r ra l le r ra l le r ra l lFFFFFriedman,riedman,riedman,riedman,riedman, who recently receivedthe Edna G. Parker award from theNational Association of WomenJudges, District 4.

Bessie DeckBessie DeckBessie DeckBessie DeckBessie Decke re re re re r, chief deputy, chief deputy, chief deputy, chief deputy, chief deputyclerk of the Court of Appealclerk of the Court of Appealclerk of the Court of Appealclerk of the Court of Appealclerk of the Court of Appeals,who has been elected secretary ofthe National Conference ofAppellate Court Clerks.

Hughie D. Hunt, (left) chair of the Young Lawyer’s Section of the MarylandState Bar Association, presents the Judge Anselm Sodaro Judicial CivilityAward to Prince George’s County Circuit Judge Richard H. Sothoron, Jr.

Congratulations to:

photo by W. Patrick Tandy, MSBA

13

During his term, Judge Bell will also serve as the chair of the Board of Directors ofthe National Center for State Courts. Judge Bell served as First Vice-President of theConference of Chief Justices during 2005.

“I am honored to have been chosen for this leadership position at a time when we arestriving to make the courts more accessible, particularly to those who are unable toafford lawyers or lengthy proceedings,” Bell said. “Access to justice is imperative if wehope to inspire the public’s trust and confidence. At the same time, we need to continueour efforts to educate the public and to emphasize, in meaningful terms, the concept ofjudicial independence and accountability.”

As president of the conference, Judge Bell will assign members to the conference’svarious committees. He may also be called on to represent the conference on CapitolHill regarding federal matters affecting state courts.

Speaking on national issuesWorking to promote legal reforms, the Conference of Chief Justices serves as the

primary voice for state courts before federal legislative and executive branches. Theconference focuses on issues affecting procedures, rules, and operations of the courts,such as professionalism and competence of the bar, access to and fairness in the courts,public trust and confidence in the judiciary, children and family courts, mass torts, andsecurity and emergency preparedness.

“Chief Judge Bell has worked closely with the National Center for years, and we arehonored that he has moved into a leadership position,” said Mary C. McQueen, NCSCpresident. “As a leader in the legal community, Chief Judge Bell has made a significantand positive impact on the Maryland court system and his knowledge and experience

are invaluable to the National Center. He cares deeply about the importance of the work of America’s state courts and themission of the National Center as the preeminent national court reform organization.”

The members of the conference include the highest judicial officer of each state of the United States, the District ofColumbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands.

In his 31 years as a judge, Judge Bell has served on every courtlevel of the Maryland Judiciary, starting as a judge on the DistrictCourt bench in Baltimore City in 1975. After serving as a judge on theCircuit Court for Baltimore City, and a Court of Special Appeals judge,Judge Bell was appointed to the Court of Appeals in 1991. In 1996,he was designated the chief judge of the Court of Appeals.

A native of Rocky Mount, N.C., Judge Bell graduated from DunbarHigh School in Baltimore. After earning bachelor’s degrees in historyand political science from Morgan State College, he graduated fromHarvard University Law School.

Former Chief Judge Robert C. Murphy of the Court of Appealsserved as president of the Conference of Chief Justices in 1986-87.

Bell takes helm as president ofConference of Chief Justices, from 1

“As a leader in the legal

community, Chief Judge

Bell has made a significant

and positive impact on the

Maryland court system and

his knowledge and

experience are invaluable

to the National Center. He

cares deeply about the

importance of the work of

America’s state courts and

the mission of the

National Center as the

preeminent national court

reform organization.”

- Mary C. McQueen,

NCSC president

14

learned that the package contained a bomb timed todetonate in a few minutes.

“Dragging the insurgent in one hand and waving hispistol in the other, the burly mechanic rushed to the caféentrance and began shouting at everyone to get out.Shocked by the sight of Richburg waving a pistol andswearing at the top of his lungs, a dozen soldiers and fivecivilians piled out,” reported the military publication Starsand Stripes. Minutes later the bomb exploded. No one washurt in the blast and 17 lives were saved by Richburg’sheroic actions—earning him the Army CommendationMedal with the “V” device for valor and a nomination fora Bronze Star. “I was just trying to get my fellow soldiersout of harm’s way in the quickest amount of time,”Richburg said.

Known locally as an easy-going supply clerk in theEastside District Court Building on North Avenue,Richburg is assigned to the 298th Maintenance Company142nd Combat Support Brigade which has been deployedto Iraq. Chief Judge of the District Court of MarylandBen C. Clyburn, who worked with Richburg in the Baltimore

District Court clerk, from 1

Court, also commended him for his “alertness and valor.”In a letter he sent to Richburg, Judge Clyburn wrote, “It’sgood to know a ‘real hero.’”

Richburg, a graduate of Southern High School inBaltimore, has been in Iraq, serving in the Army Reservesince August 2005. His unit is expected to return fromIraq sometime this summer. A District Court employeefor 11 years, Richburg lives with his wife and three childrenin Baltimore City.

“Ironically, the only reason he was not in the Internetcafé that night is because all of the computers wereoccupied—as God would have it, somebody had to seethat insurgent put that bomb there—so he called me whilehe was waiting his turn,” Olethia Richburg said. Herhusband used a new Internet café with round-the-clocksecurity, built for military personnel, to email Justice Matters.

“This has been a very long journey for my family andI,” he said. “Hopefully it will be a once in a lifetimeexperience and I want to truly thank all my friends in thecourt for their prayers, thoughts, and support.”

A traveling exhibit depicting the journey of African-Americans from slavery to freedom to political representation inthe U.S. Capitol was on display during June in the lobby of theRobert C. Murphy Courts of Appeal Building in Annapolis. Onloan from the U.S. Capitol Historical Society, “From Freedom’sShadow: African Americans and the United States Capitol”featured a series of informative, illustrated banners.

The exhibit was made available through the efforts of theMaryland Judiciary ’s Human Resources Department, withassistance from the Maryland State Law Library.

After opening February 2006 in the Reginald F. LewisMuseum of Maryland African American History and Cultureand traveling to Georgia, the exhibit continued on to locationsin the District of Columbia, Virginia, and Maryland.

In Freedom’s Shadow

15

Students, jurors, and new citizens join

7th Circuit in celebrating the law

Courtesy of Judge Sherrie Krauser

Participants in the Jury Duty Awareness Symposium in PrinceGeorge’s County on April 22, 2005, pose with Suitland HighSchool teacher Susan Strickland (right).

In Prince George’s County, May 1st can’t pass withouta Law Day celebration. On that day, Prince George’s CircuitJudge C. Philip Nichols, Jr., and his colleagues welcomenew citizens at a special naturalization ceremony, and judgesjoin the Prince George’s County Bar Association to honorthe top competitors in the 7th Circuit high school mocktrial competition.

More than 300 high school students from Calvert,Charles, Prince George’s, and St. Mary’s counties participatein the 7th Circuit competition. Competing teams hope tomake the final round, held in the ceremonial courtroom inPrince George’s County.

“For the final round, Judge Missouri always allows thestudents, teachers, and parents to come in and take pictures,”said Prince George’s County Circuit Judge Sherrie Krauser.Judge Krauser has chaired the mock trial program in the 7th

circuit for the Prince George’s County Bar Association formore than 20 years, and just received her third specialrecognition award from the bar for her efforts. This year,she joined Court of Special Appeals Judge James P. Salmonand Prince George’s County Circuit Judge Cathy H. Serretteon the three-judge panel for the final competition.

Law Day in Prince George’s County begins withJuror Appreciation in the Jury Assembly Room, anda special naturalization ceremony in the ceremonialcourtroom. At Judge Nichols’ invitation, a militaryband and color guard enrich the naturalizationceremony. This year, jurors and new citizens alsoreceived red, white, and blue “Good CitizenshipAward” pencils from the Circuit Court.

Although the Law Day theme changes each year,the 2005 theme, “The American People: We theJury in Action,” struck a particularly responsivechord with the courts and local schools. So, in April2005, Prince George’s public school teachers joinedJudge Krauser and Prince George’s Clerk of CourtRosalyn Pugh to create a Jury Awareness Programfor more than 200 seniors from eight high schools.

Judge Krauser, Pugh, and teacher Susan Stricklandorganized a one-day program, sending students in selectedclasses mock summonses for jury service. When thestudents arrived, Judge Krauser, Pugh, and the jury staffwelcomed them, showed them the introductory film alljurors watch, and led them through a mock voir dire. JudgeKrauser qualified all of the student jurors and dividedthem into panels. Volunteer lawyers and teachers escortedthe panels to courtrooms, where they decided a case triedby students from that year’s mock trial competition.

“The program really exceeded our expectations. Thestudents loved it, and their evaluations were just throughthe roof,” Judge Krauser said. “As jury judge, I hopedwe could present a positive view of jury service. We justhope that the students who participated will not only serveas jurors in the future, but encourage their friends andfamilies as well.”

Because the program was so well received, theschools—and Judge Krauser—hope to repeat it this fall,with more students participating.

Prince George’s Circuit Judge Sherrie Krauser contributed to this story

Law Day Events

Court Information OfficeRobert C. Murphy Courts of Appeal Building361 Rowe Blvd.Annapolis, Maryland 21401

mdcourts.gov

While temperatures outside soared close to 100 degrees, the crowdat the Judiciary Training Center enjoyed the international atmosphere ofthe third annual Diversity Fair Friday, August 7. More than 200 Judiciaryemployees from Baltimore City and Anne Arundel, Baltimore, PrinceGeorge’s, Montgomery, and Dorchester counties sampled foods, music,crafts, and cultural displays.

Fair-goers were treated to demonstrations of dance, yoga, origami,and magic, while musical performances included violin selections fromMontgomery County District Judge Brian G. Kim and bagpipe musicfrom Anne Arundel County Circuit

Court Administrator Robert G. Wallace. “This fair is a reflection of who weare, and who we are, because of our diversity, is a strong, diversecommunity,” said Chief Judge Robert M. Bell of the Court of Appealswhen he opened the fair. The committee members who organized thisyear’s fair were: Larry Jones, Faye Gaskin, Jennifer Moore, JeriKavanaugh, Estella B. Gambrill, Ann Green, Tracy Watkin-Tribbit, NancyHarris, and Gary Cranford.

Diversity in action