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THE ADVOCATE Page 1 April 2016
addressed the 5th Amendment
privilege against self-
incrimination, the right to counsel
and the procedural safeguards law
enforcement must follow during
custodial interrogations or
settings where a suspect’s
freedom is curtailed in any
significant way.
By now, lawyers and members of
the general public alike are
familiar with the language of the
Miranda warnings. “You have
the right to remain silent…”
Interestingly, Miranda was one of
four cases involving custodial
interrogations decided by the
court in the same opinion.
For those of us who studied
Miranda in law school many
years ago and may not recall the
specific facts of the case, here is a
brief refresher:
Ernesto Miranda, an indigent
THE ADVOCATE
Newsletter of The Baltimore County Bar Association
Inside This Edition
Program Registrations Pg 29
ADR: Changes Pg 10
Bench/Bar Committee Pg 12
Bull & Oyster Roast Pg 11
Calendar of Events Pg 3
Classified Ads Pg 40
Committee Programs Pg 26
County Council Update Pg 15
Court Notices Pg 4
Court Reporter Services Pg 6
Criminal Law Update Pg 22
Itineris, Inc. Pg 16
Judicial Portraits Pg 17
Lawyers Assistance Pg 25
Save the Date Flyer Pg 19
Vietnam War Stories Pg 9
Wines Around the World Pg 8
PRESIDENT’S MESSAGE
by Hon. Vicki Ballou-Watts
VOLUME XXV, NO. 9 April 2016
Continued on page 2
DTI Global - Signature Sponsor
Every year since 1958, the
President has issued a Law Day
Proclamation in recognition of our
rule of law, the liberties we enjoy
and the ideals of equality and
justice. The American Bar
Association announces an annual
Law Day theme which bar
associations and organizations
celebrate through educational
programs, art contests, speeches
and other events. “Miranda, More
Than Words” is the 2016 Law Day
theme and the Baltimore County
Bar Association (BCBA) is proud
to welcome two outstanding jurists
- U.S. Court of Appeals Judge
Andre M. Davis and Maryland
Chief Judge Robert M. Bell (ret.)
for this special observance on
Monday, May 2, 2016.
“Miranda, More Than Words” is
the 2016 Law Day theme because
the Supreme Court issued its
landmark decision fifty years ago
in Miranda v. Arizona, 384 U.S.
436 (1966). Of course, that ruling
Celebrat ing the 50 th Anniversary of Miranda v. Arizona
THE ADVOCATE Page 2 April 2016
Mexican immigrant whom the court described as “a
seriously disturbed individual,” was arrested in his
home and transported to a police station in Phoenix,
Arizona. At the police station, he was identified by
a complaining witness who accused him of
kidnapping and rape. Miranda was taken to a special
interrogation room where he was questioned by two
police officers over a period of two hours. He made
incriminating statements. However, even though
Miranda was never advised of his right to counsel,
police presented him with a typed “confession”
which contained language stating that the confession
was voluntary, without threats and with full
knowledge of his legal rights and understanding that
any statement he made could be used against him. At
trial, the written “confession” was admitted into
evidence over defense counsel’s objection.
Miranda’s convictions for Kidnapping and Rape
(and sentences of 20-30 years, concurrently) were
upheld by the Arizona Supreme Court. However, in
its decision, the U.S. Supreme Court reversed the
convictions, noting that Miranda and the other
appellants were “thrust into an unfamiliar
atmosphere and run through menacing police
interrogation procedures.” As a result, it was
necessary for the police to utilize appropriate
safeguards at the beginning of the custodial
interrogation so that any statements would be “the
product of free choice.”
The U.S. Supreme Court emphasized that when
government seeks to punish an individual, it must
produce the evidence against him by its own
independent efforts rather than rely upon the easier,
more expedient method of obtaining a confession
that isn’t voluntary. And, as if to underscore this
point, when Miranda was retried, he was convicted
again –but through the use of evidence other than the
tainted confession.
On Monday, May 2, 2016, the Baltimore County Bar
Association will begin its celebration of this
important legal decision with a Law Day Breakfast
program featuring the Honorable Robert M. Bell.
The program will be held at the Radisson Hotel in
Timonium. It begins at 7:30 AM. For ticket
PRESIDENT’S MESSAGE
Continued from page 1
information, contact the BCBA office. Then, at
noon, Judge Andre M. Davis will give the Keynote
Address in Ceremonial Courtroom 2 in the old
courthouse building. During the Noon Ceremony,
BCBA past Presidents Debra Schubert and Myles
Friedman will receive the Law Day and Judith
Ritchey Awards, respectively. The BCBA will also
announce the art poster contest winners and make
a special presentation to Itineris, Inc. the BCBA
designated charity for the 2015-16 bar year.
Please join us for these wonderful activities.
Hon. Vicki Ballou-Watts
President, Baltimore County Bar Association
April 2016
THE ADVOCATE Page 3 April 2016
CALENDAR OF EVENTS
April 2016
3 Young Lawyers’ Annual Bull & Oyster Roast, 2-6 p.m., American
Legion
5 Law Day Committee Meeting, 5 p.m., Mezzanine 08
6 E&T: Annual Dinner w/Orphans’ Court Bench & ROW, 5:30 p.m., CCMd
7 Family Law: Annual Joint Dinner w/BABC, 6 p.m., Forest Park GC
11 Tech: Communication: That’s the Magic Word, 5 p.m., Mezzanine 08
12 Executive Council Meeting, 8 a.m., Judicial Conference Room 363
12 Real Property: Closings, Settlements, e-Filing Deeds, Current Trends,
12 Professionalism: Understanding the AGC, 5:30 p.m., Jury Assembly Area
13 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.
13 Criminal Law: Cars, Cops & Stops, 5 p.m., Mezzanine 08
14 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room
14 Portrait Unveiling, Hon. J. William Hinkel, 4 p.m., Courtroom 2
15 Civics & Law Academy, CCBC Catonsville, 8 a.m. - 2 p.m.
21 LRIS: How to Train Your Dragon! 12 noon, Mezzanine 08
26 Supreme Court Group Admission, see information on page 17
May 2016
2 Law Day Breakfast, 7:30 a.m., The Raddison North, Timonium
2 Law Day Noon Ceremonies, 12 p.m., Ceremonial Courtroom No. 5
3 Family Law Town Hall Meeting, 8 a.m., Circuit Court Courtroom 12
4 CLE Magical Mystery Tour, 12 p.m., Mezzanine 08
5 Family Law Forum, 5 p.m., Circuit Court Courtroom TBD
7 Pro Bono Day, 9 a.m.-12 p.m., Randallstown Public Library
10 Executive Council Meeting, 8 a.m., Judicial Conference Room 363
11 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.
12 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room
25 Committee Chair “Best Practices” Workshop, 5 p.m., Mezzanine 08
26 SLLZ: A View from The Hill w/Congressman Dutch Ruppersberger,
5:30 p.m., Country Club of Maryland
30 COURTS and BAR OFFICE CLOSED, in observance of Memorial Day
June 2016
2 Annual Golf Outing, 12 p.m. Lunch, 1 p.m. Shotgun Start, Rocky Point
Golf Course. Beginners’ Clinic will start at 2 p.m. & finish w/dinner
15 MSBA Annual Conference, Ocean City, Maryland
- 18 Joint Meeting with the Judiciary, Clarion Resort
23 BCBA Annual Stated Meeting & Reception, 4:30 p.m., Ceremonial
Courtroom No. 5, Reception immediately following at TowsonTavern
2015-16 Officers
Executive Council Hon. 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
Program/Event Registration Form can be found on page 29
Individual flyers can be found with the online registration for
each program on the website calendar.
THE ADVOCATE Page 4 April 2016
COURT NOTICES
Chambers of Ruth Ann Jakubowski Family Law Division Coordinating Judge
Circuit Court for Baltimore County
Third Judicial Circuit
The Honorable Ruth Ann Jakubowski will hold a Town Hall Meeting on Tuesday, May 3, 2016, 8
a.m., in Courtroom 12 of the County Courts Building, Circuit Court for Baltimore County, 401
Bosley Avenue, Towson, MD. All family law practitioners are welcome and encouraged to attend.
New Policy on rescheduling of Settlement Conference Following Postponement
Effective April 1, 2016, all Settlement Court conferences that need to be rescheduled following a
postponement must be done within 5 days of counsel receiving notification from Settlement Court of new
possible dates. It is the responsibility of counsel that requested the postponement to contact opposing
counsel and agree upon a new date and notify Settlement Court. Failure to notify the Settlement Court of
the new agreed date within 5 days will result in a new settlement date being automatically set.
SETTLEMENT COURT REMINDERS
Arrive on time. If counsel or a party expects to be late due to an unexpected problem or emergency,
contact
Settlement Court at 410-887-2920 to provide an estimated time of arrival.
All discovery should be completed prior to the Settlement Conference.
Attorneys are expected to have preliminary discussions with clients and opposing counsel concerning
the settlement posture of the case in advance of the Settlement Conference in an attempt to narrow
issues.
In Family Law matters, counsel and self-represented parties are required to complete a Rule 9-207 Joint
Statement and proposed Child Support Guidelines in advance of the Settlement Conference, whenever
a marital award or child support are at issue.
THE ADVOCATE Page 5 April 2016
COURT NOTICES
Chambers of Ruth Ann Jakubowski
Circuit Court for Baltimore County
Third Judicial Circuit
Expedited School Enrollment Policy
Between July 5 and August 31, 2016, the Circuit Court for Baltimore County will have a Family Division
Judge available to review contested school enrollment issues on an expedited basis. The school enrollment
issue must be raised in an appropriate pleading or petition in order to be considered. The matter will be
considered on an expedited basis only in cases where the Defendant(s) have been served and the case is
already at issue.
The party/attorney seeking expedited relief must provide reasonable notice to the opposing side that the party/
attorney will be filing a Petition for Expedited Hearing regarding the school enrollment issue. The original of
the Petition must be filed with the Clerk’s Office. The party/attorney will be advised which Family Law Judge
is handling School enrollment issues that day. It is incumbent on the party/attorney to contact the assigned
Family Law Judge’s Chambers for further direction on handling the request.
In order to assist the Judge reviewing the Petition, it is recommended that the Petition include the following
information:
(1) Whether there is an existing Order covering custody and schooling, and the provisions of that
order;
(2) The child’s enrollment history, and the proposed change; and
(3) The basis for the request for expedited hearing on the issue.
The assigned Judge will first determine whether expedited review is warranted. If the request for expedited
review is denied, the matter will be scheduled for hearing under the regular protocol. If the assigned Judge
determines that expedited review is warranted, the Judge may first attempt to resolve the dispute through
consultation with counsel or referral to the Office of Family Mediation. If an expedited hearing is ordered, it
will be scheduled within ten (10) days before a Family Law Judge.
THE ADVOCATE Page 6 April 2016
COURT REPORTER SERVICES: MORE THAN DEPOSITIONS
The Solo and Small Firm Committee was pleased to have Monica Sienkiewicz, the new owner of Irwin Court
Reporting, host its March 8, 2016 luncheon, with a live demonstration by videographer Lisa Bauer. Many
practitioners took advantage of this opportunity to learn that court reporting companies offer much more than
just transcripts!
THE ADVOCATE Page 7 April 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
THE ADVOCATE Page 8 April 2016
WINES AROUND THE WORLD Thursday, March 10, 2016 at Notre Dame Preparatory School
THE ADVOCATE Page 9 April 2016
DVR Alert! On May 24, 25 and 26, 2016,
Maryland Public Television will air a three-part
documentary entitled Maryland Vietnam War
Stories, featuring BCBA members Hon. Timothy
Martin, Michael Lawlor, and Jay Carney.
According to MPT’s website, Maryland Vietnam
War Stories comprises of three one-hour segments
of dramatic television as approximately 100
veterans tell the story of the Vietnam War in their
own words. Fifty years later, their words are
powerful, emotional, insightful, and sometimes
heartbreaking. The documentary reflects on the
men and women who served in this controversial
war and their return home to an ungrateful nation.
Maryland Vietnam War Stories recognizes the
veteran’s sacrifices, their valor, and the price they
paid after the conflict--physically, psychologically
or both.
THREE BCBA MEMBERS TO BE FEATURED IN MPT DOCUMENTARY by Laurie M. Wasserman
For more information on Maryland Vietnam War
Stories, go to http://vietnam.mpt.org/film/ . Check
the BCBA website and social media pages for
channel and air-time information.
THE ADVOCATE Page 10 April 2016
CHANGES, CHANGES, CHANGES by Honorable Dorothy J. Wilson
On March 31, 2016, the BCBA ADR Committee
sponsored an ADR program entitled Changes,
Changes, Changes, to discuss the changes the
Maryland Judiciary has undergone regarding ADR.
The program was well attended by an enthusiastic
and engaged audience of ADR practitioners from
around the County as well as from Baltimore City
and Anne Arundel County. The Committee Chair,
Judge Dorothy J. Wilson, opened the program by
introducing the newest ADR leaders in the
Judiciary who each made a presentation: Maureen
A. Denihan, Esquire, Executive Director of the
District Court ADR Office and Jonathan S.
Rosenthal, Esquire, Director of the Mediation and
Conflict Resolution Office (MACRO).
Maureen provided an overview of the District Court
ADR programs offered in each county. She
discussed the continuing efforts to meet the
following four goals of the mission statement for
District Court ADR Office:
1. To educate stakeholders about ADR. The
Office will continue to educate litigants, court
personnel, clerks and judges on the benefits of
ADR.
2. To provide high quality mediation. The Office
will continue the Apprenticeship Program,
orientation procedures for new volunteers and
data collection for quality assurance.
3. To encourage the use of ADR early and often.
New this year is the use of pre-filing ADR to
encourage ADR efforts before a complaint is
filed.
4. To insure ADR options are accessible and
appropriate. New this year is the use of court
certified interpreters to insure non-English
speaking litigants have access to ADR.
Maureen described the Peace Order Mediation
program, currently available in Montgomery
County District Court only, which addresses
nonviolent neighbor to neighbor disputes. In some
District Court locations, space availability
continues to be a challenge; however, the Office
has used unoccupied attorney interview rooms and
other places within a courthouse to conduct ADR
sessions.
Jonathan S. Rosenthal, Esquire presented
information about ADR in the circuit court.
MACRO will continue to provide grant funding for
circuit court ADR, offer technical resources to
evaluate the success of ADR programs and seek
rule changes as needed to promote high quality
ADR. New initiatives MACRO will undertake
include:
1. Developing one form to be used in multiple
counties for practitioners who provide ADR
services in a variety of counties.
2. Expanding existing programs to include other
ADR processes such as neutral fact-finding and
creating new programs where appropriate.
3. Bringing together ADR program managers
from around the State to promote greater
consistency, where appropriate, between
programs.
4. Exploring the ADR opt-out rate across the
State, paying closer attention to the reasons
insurance companies opt-out.
5. Improving data collection methods to help
support requests to the legislature.
6. Launching the revised MPME website on or
about May 25, 2016 so that practitioners can
register for events and update their information
more easily. On the third Tuesday of each
month, MPME hosts a conference call for
practitioners to confidentially discuss any ethics
problems they may have encountered.
Participants can receive ethics credits.
7. Participating in a behavior change project
through the Public Administration Program at
Johns Hopkins University.
There was a lively discussion with lots of good
questions and suggestions concerning the data
collection procedures and systems and paying
District Court ADR volunteers. The program ended
with Maureen and Jonathan talking about the ADR
research results. The full research report can be
found at www.marylandadrresearch.org.
THE ADVOCATE Page 11 April 2016
YOUNG LAWYERS’ BULL & OYSTER ROAST Sunday, April 3, 2016 at The Towson American Legion Post No. 22
THE ADVOCATE Page 12 April 2016
The March meeting of the Bench/bar Committee
occurred on March 10, 2016. As is sometimes the
case, the Committee was treated to a guest speaker,
in this instance a Baltimore County Police
Department Chief James W. Johnson.
Chief Johnson is the first chief of the Baltimore
County Police Department (140 years) to rise from
the level of Cadet (1979) to Chief (2007). The
Baltimore County Police Department is the 18th
largest in the United States and is one of the few free
standing police departments in Maryland. Chief
Johnson spoke for about a half-hour on various
topics and accepted questions from the Committee.
During his time of almost 40 years with the BCPD,
Chief Johnson has seen a tremendous amount of
change. The police department has gone from a
warrior style of policing to a mode of trying to
balance between “warrior” and “guardian.” The
nature of policing is that it is hard to teach “on the
scene policing,” whereas the classical methods are
much easier discussed in the boardroom or when
studying. Arrests are down in the County from
34,000-35,000 seven years ago to 26,000. Further
there is a 26 percent higher rate on case clearance
now than a decade ago.
The biggest area of scrutiny in the BCPD is the
coming use of body cameras. The police department
is carefully looking at all issues involving body
cameras. It is a real struggle for Chief Johnson and
the department: cameras have to be embraced for
public safety, the good does out way the bad but, the
cameras can have unintended consequences. The
fear of cameras is that it will “chill” police work,
cause officers to become stoic and be more
concerned with procedure than substance.
The startup costs for body cameras will be between
seven to eight million dollars, with two million
dollars annually thereafter. Between 20 and 25
officers and other personnel will have to be added,
including new positions in the State’s Attorney’s
office.
BENCH/BAR COMMITTEE REPORT by Richard Grason VI
Further, there is an issue of where to wear the cameras
on the body. There is no one perfect place. Another
issue is what content to release to the media: issues of
officer behavior can unfairly prejudice a subsequent
trial. In summation, body cameras will help more than
hurt, but they will hurt. Police departments should
cautiously step into these waters.
The BCPD is pretty healthy and remains a pretty
attractive agency within the Mid-Atlantic. In the last
two and one-half years, there has been 250 promotions
within the department. Twenty-eight percent (28%) of
the work-force in the BCPD is of a minority
background.
In the current session of the General Assembly, there
are a lot of bills which could impact police work and
prosecution. The Law Enforcement Bill of Rights is
something to watch carefully. There is no substitute for
good Internal Affairs and management. During Chief
Johnson’s tenure, more Internal Affairs cases have
originated within the department than from the public.
Regarding CDS crimes, even with the change in
general approach to drug possession crimes to a more
medical treatment of the problem, the BCPD is still
actively targeting drug distribution crimes. A lot of
really big cases. however. have begun on a marijuana
seizure.
Police officers wear bulletproof vests on a mandatory
basis now. The vests are replaced every three years.
Morale within the department is good. Brutality
and other complaints have gone down the last 7 years.
Only 2 trial boards have been conducted in seven
years, none in the last three. Tasers were introduced to
the BCPD about seven-eight years ago. Only 50 are
actively being used in Baltimore County. Tasers have
advantages and flaws. Clothing, wind conditions,
distance away from the subject can all interfere with a
Taser’s effectiveness.
THE ADVOCATE Page 13 April 2016
BCBA President Hon. Vicki Ballou-Watts and
her husband, Claude Watts, enjoying the
Young Lawyers’ Bull & Oyster Roast on
Sunday, April 3rd at The American Legion
THE ADVOCATE Page 14 April 2016
Upcoming Events
June 2 Golf Tournament
June 23 Stated Meeting &
Reception at Towson Tavern
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
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.
THE ADVOCATE Page 15 April 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.
Baltimore County Budget – on April 14, 2016,
Baltimore County Executive Kevin Kamenetz
presented the administration’s Budget Message,
and offered his $3.1 billion Total Operating
Budget for Fiscal Year 2017. Highlights of the
budget include prioritizing funding for public
education, public safety, and strengthening our
local economy, while also holding the line on the
property tax rate for the 28th year in a row, and the
income tax rate for the 24th year in a row. The
County Council now undertakes its own review of
the FY17 budget. This includes a budget analysis
of individual County agencies and departments by
the County Auditor, and budget hearings with
County agencies. This will culminate in the
County Council’s Budget Message and FY17
Budget Adoption on May 26, 2016 in the Council
Chamber.
CZMP – the County Council is also in the midst
of the Comprehensive Zoning Map Process, which
occurs countywide every four years. It began with
the creation of zoning map “Issues” last fall. The
Department of Planning reviewed the Issues over
the winter and forwarded its findings to the
Planning Board. In March, the Planning Board
held a series of public hearings on the Issues, then
submitted its zoning recommendations to the
County Council. During the month of June, the
Council will hold public hearings on all the zoning
COUNTY COUNCIL UPDATE by Thomas H. Bostwick
Issues in each Councilmanic District. The hearing
schedule is as follows:
Fifth District 7:00 PM, June
6th County Council Chambers
Fourth District 6:00 PM, June
9th New Town High School
Sixth District 6:00 PM, June
14th Parkville High School
First District 6:00 PM, June
16th Catonsville High School
Second District 6:00 PM, June 21st
Sudbrook Magnet Middle
School
Third District 6:00 PM, June
23rd Loch Raven High School
Seventh District 6:00 PM, June 28th
Chesapeake High School
These hearings are open to the public and citizens,
developers, attorneys, property owners, and others
interested in this process are encouraged to attend to
express their opinion regarding a zoning Issue on a
particular property. This year-long process will
conclude when the Council votes on CZMP
legislation on August 30, 2016.
Appointments – at its April 4, 2016 Legislative
Session, the Council confirmed the re-appointments of
Meryl W. Rosen from the Second District and
Andrew M. Belt from the Fifth District to three-year
terms on the County Board of Appeals. The Council
offers its sincere congratulations to Ms. Rosen and
Mr. Belt and appreciates their service.
THE ADVOCATE Page 16 April 2016
These items, and more, are available for sale by clients
of Itineris, the BCBA-designated Charity for 2015-16.
For more information, please contact Vincent Valerio
at Itineris, [email protected] or 443-275-
1100. Your support is greatly appreciated.
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 BCBA-designated charity for 2015-2016
THE ADVOCATE Page 17 April 2016
Your help is still needed in assisting the
Foundation in funding the portraits of several
deceased Circuit Court Judges. The Baltimore
County Bar Foundation exists as an independent
charitable organization with missions to foster and
maintain the honor and integrity of the profession of
the law; to improve and to facilitate the
administration of justice; to enhance and improve
the image of lawyers; and to promote the study of
the law and research therein, and the diffusion of
knowledge thereof.
A few years ago a request was made to the
Foundation to act to provide for those wishing to
donate funds in order to honor deceased members
of the circuit court judiciary by having their
portraits made and placed in the court house. The
Foundation board believed that this was an
appropriate task under its charter. To date, funds
have been donated in varying amounts for portraits
of Judges Jenifer, Brannan, Hinkle, and Jacobson.
Judge Buchanan’s portrait was fully funded by his
family. Other portraits have been funded privately.
Unfortunately, although each portrait costs a very
reasonable $4,100, the funding has not gone as
hoped, possibly because the pool of attorneys
familiar with the deceased jurists has grown smaller
with the passing of time. Judges Jenifer and
Brannan, for example, both passed away decades
ago. Consequently, the Foundation is in need of
funds in order to cover the cost of completion of the
portraits. A gift of any size would be appreciated,
and would be tax deductible. At this point the
Foundation owes $16,400 for the portraits
commissioned, and less than a third of that has been
received.
We believe that the traditions initiated in Courtroom
Five are important in establishing the continuity of
the bar and the role of these individuals in the
history of the county. We appreciate any
consideration you might give to this appeal.
BAR FOUNDATION REPORT -
JUDICIAL PORTRAITS by John B. Gontrum
Protect your personal and organization’s
photographs forever. Guarantee they will be in a
retrievable format 10, 20, 50+ years from today.
The “free” services are a gamble not worth
taking, since they own your photographs, and
can remove them at any time. What would you
do if you logged on, only to find them all gone?!
Email [email protected] for more
information on how to protect your legacy.
THE ADVOCATE Page 18 April 2016
BANKRUPTCY—Chapters 7 and 13
1-800-BANKRUPT
Law Office of Nicholas J. Del Pizzo, III, P.A.
STOP Foreclosures Wage Garnishments
Vehicle Repossessions Creditors Calls
Judgments Lawsuits
Free Consultation – Payment Plans
We are a Debt Relief Agency servicing all areas of
Baltimore County, Baltimore City and Harford County –
Over 1,000 cases filed.
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
Michelle and Michael Siri, Rebecca Fleming, Alaina
Storie, Rob Erdman and an assortment of kids
(Braden Siri, Olivia Ruocco, Courtney Robinson and
Blake Ruocco) thoroughly enjoyed the Young
Lawyers’ Bull & Oyster Roast on April 3rd, especially
the stuffed animal wheel!
THE ADVOCATE Page 19 April 2016
THE ADVOCATE Page 20 April 2016
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 21 April 2016
THE ADVOCATE Page 22 April 2016
CRIMINAL LAW UPDATE by Robert C. Lidston
The March Amicus features three Court of Appeals
decisions which may be of interest to practitioners.
State v. Bircher, No. 33, September Term 2015,
filed February 23, 2016 (opinion by Battaglia, J.).
Bircher was convicted of first degree murder and
attempted first degree murder after he fired a
handgun into a crowd. The bullets struck Gary Hale
and killed David Garrett. Trial testimony indicated
that Bircher had been flirting with Hale’s girlfriend.
Hale told the girlfriend: "Your little boyfriend is
about to get his ass beat." Bircher left the bar after
this occurred, but then remembered that he had left
his debit card inside. Fearful of what Hale might do
to him, Bircher took a pistol from his car and headed
back inside. When he saw Hale approaching him, he
fired thirteen rounds, striking Hale and killing
Garrett.
At the end of all the testimony, the State did not
request an instruction on transferred intent. It argued
instead that Bircher intended to kill everyone
standing in the area in which he fired. Bircher’s
defense was that he acted in self defense and did not
mean to hit anyone, including Garrett. During
deliberations, the jurors sent the judge a note, "We
are confused on the term ‘intent’. Does it mean to
kill a person or the specific person. Can you please
clarify? Thank you". Over a defense objection, the
judge responded to the question with the instruction
on transferred intent.
The Court of Special Appeals reversed the
convictions. It held that the judge’s response did not
address the question asked by the jury and had "no
place at Mr. Bircher’s trial to begin with." On the
State’s appeal to the Court of Appeals, the Court
reversed COSA.
The Court decided that, using the abuse of discretion
standard, the evidence showed that Bircher could
have heard Hale and his threats and been afraid. The
evidence also suggested that when Bircher went
back to the bar for his debit card, he may have
intended to protect himself by shooting Hale, even
though his bullets killed Garrett. It rejected the idea
that the instruction was prejudicial. Defense counsel
did not concede that Bircher intended to shoot Hale
and not Garrett, an argument that would have
"walked into" the transferred intent issue. On the
contrary, Bircher’s counsel repeatedly pointed out
that Bircher did not intend to shoot anyone, did not
intend to shoot Garrett specifically, and acted in self
defense. None of these arguments prejudiced
Bircher with regard to the giving of a transferred
intent instruction. According to defense counsel,
Bircher "did not have an intent to kill anybody."
Additionally, Bircher’s counsel had adequate time to
prepare additional closing remarks tailored to the
new jury instruction.
Ray-Simmons and McGouldrick v State, No. 28,
September Term 2015, filed February 22, 2016
(opinion by Barbera, C.J.). Prior to trial, defense
counsel requested and was granted by the judge a
ruling that an objection made by one defendant
would be deemed to be made by the others. During
Continued on page 23
THE ADVOCATE Page 23 April 2016
CRIMINAL LAW UPDATE Continued from page 22
jury selection, the lawyer for Ray-Simmons alleged
that the prosecution’s exercise of five peremptory
challenges, all against African American men,
violated the holding in Batson v. Kentucky, 476
U.S. 79 (1986). The trial judge asked the State to
explain its peremptory challenges and the State
provided an explanation for each challenge.
Right after the explanation, the judge decided that
the prosecution had provided sufficient explanation
for its challenges. After twelve jurors had been
selected, the judge asked counsel for Ray-Simmons
if the panel was acceptable and he replied that it
was. To the same question, the defense attorney for
McGouldrick answered, "acceptable, safe from prior
objections, Your Honor." Defendants were acquitted
of first degree murder but were found guilty of
second degree murder and other crimes.
In an unreported opinion, the Court of Special
Appeals decided that neither petitioner had
preserved a Batson claim. Both had accepted the
composition of the jury. COSA held that, in the
alternative, the trial judge had not erred in deciding
that the two defendants failed to establish a prima
facie case of discrimination and that the prosecutor’s
explanation was sufficiently neutral to comply with
Batson.
The Court of Appeals decided that both petitioners
were entitled to a new trial. The judge’s decision
that an objection made on behalf of one defendant
would be deemed made on behalf of the others was
sufficient to preserve the Batson claim. When the
attorney for Ray-Simmons raised Batson, the
attorney for McGouldrick joined automatically in
that challenge. When McGouldrick’s counsel stated
that the jury was acceptable "safe from prior
objections," the Batson’s challenge was preserved
for his client as well as for Ray-Simmons.
The Court decided that the trial judge erred in
concluding that both defendants failed to establish a
prima facie case of discrimination because that
inquiry became moot when the State offered
explanations for the exercise of its peremptory
challenge. The State had exercised peremptory
challenges only against African American men. This
was sufficient to establish a prima facie case of
discrimination under Batson. The State’s
explanation as to one of the challenged jurors, "I
intended to replace him with another black male,"
was neither a clear and reasonably specific
explanation nor race and gender neutral. An
expressed desire to replace the juror with another
unknown possible panel member does not explain in
any way the State’s reason for striking the juror it
struck. The announced intention to replace that juror
with another African American male suggested that
race and gender factored improperly in the
prosecutor’s decision, in violation of Batson.
Seward v. State, No. 12, September Term 2015,
filed January 27, 2016 (opinion by Adkins, J.).
Seward was found guilty of assault and related
crimes. During the trial, his employer stated that she
was unable to locate employment records to say
whether he was at work the week of the crime. The
victim’s testimony provided the only substantive
evidence to identify Steward as the attacker.
Seward’s post conviction attorney found the
employment records. The employer reviewed them
and decided it was "impossible" that Seward could
have left his job to conduct the attack. Having failed
in obtaining post conviction relief, Seward filed a
petition for writ of actual innocense. The circuit
court gave him a new trial. Because of the
employment records, it decided that a substantial
possibility existed that the result of Seward’s trial
could have been different. It further decided that
Seward’s trial attorney had acted with "due
diligence" in trying to produce the records at the
original trial.
The prosecution filed a notice of appeal, but Seward
moved to dismiss, arguing the State’s limited
authority to appeal as established by statute. The
Court of Special Appeals denied Seward’s motion,
deciding that the State can appeal an order granting
a petition for writ of actual innocense. On the merits
of the State’s appeal, COSA added that Seward’s
Continued on page 24
THE ADVOCATE Page 24 April 2016
CRIMINAL LAW UPDATE Continued from page 23
petition must be denied. The circuit court had erred
by applying the wrong standard for due diligence.
COSA reversed the trial court, reasoning that the
records were not newly discovered evidence under a
proper due diligence analysis. The Court of Appeals
granted Seward’s Petition for Cert. The Court
reversed. The right to appeal is entirely statutory.
Courts and Judicial Proceedings subsection 12-301
needed to be examined to determine whether the
State had a right to appeal an order granting a
petition for writ of actual innocence. Douglas v.
State, 423 Md. 156, 31 A.3d 250 (2011) held that a
petition for writ of actual innocence is a final
judgment under Courts and Judicial Proceedings
subsection 12-301. The State failed to show a
significant difference between Douglas and the
incident case. An order denying a petition for writ of
actual innocence was final because the order
concluded a petitioner’s rights as to all claims based
on the newly discovered evidence alleged in the
petition.
In the Seward matter, the trial court’s order did not
prohibit the State from further prosecuting and
defending its rights and interests in the newly
discovered evidence. Because the trial court gave
Seward a new trial, the State could exercise its right
to prosecute Seward at that trial and attack the newly
discovered evidence. To allow the State to appeal
this order would subvert the purpose of Criminal and
Judicial Proceedings subsection 12-301: to prevent
piecemeal appeals and ... the interruption of ongoing
judicial proceedings." An appeal must be "from a
final judgment" CJP subsection 12-301. The circuit
court’s order was not a final judgment.
The State unsuccessfully argued that the General
Assembly failed to include a right to appeal for
either the petitioner or the State in Criminal
Procedures subsection 8-301 because that right
already existed in CJP subsection 12-301. The denial
of a petition for a writ of actual innocence was a
final judgment, and thus, within the scope of CJP
subsection 12-301. Legislative history had nothing to
do with that conclusion.
Carrie Hubbard and Ami Taubenfeld of Itineris
with Richard Anderson (center) who recorded and
produced the documentary video debuted at
Wines Around The World
THE ADVOCATE Page 25 April 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
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 26 April 2016
CLE Committee Mezzanine 08
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.
April 13, 2016, Cars, Cops & Stops
June 8, 2016
Entertainment Committee June 2, 2016, Golf Tournament
Estates & Trusts Committee Mezzanine 08, 5 p.m.
April 6, 2016, Committee Dinner
Family Law Committee Dinner Programs, 6 p.m.
April 7, 2016, Joint Program with BABC
Informational Sessions
Evening Series
Mezzanine 08, 5-6:30 p.m.
April 20, 2016
May 4, 2016, 4:30 p.m., Annual Forum
May 18, 2016
Lawyer Referral Committee April 21, 2016, 12 p.m., How to Train
Your Dragon! Or, How to Interpret &
Complete a Referral Status Update
Report. OR, Why Am I Not Receiving
Referrals
Law Day 2016
Miranda, More Than Words To be celebrated on Monday, May 2, 2016
Student Essays and Art Entries are due by April 4,
2016. The flyers with criteria are available by
clicking the hyperlinks included above.
Committee Meetings Scheduled:
April 5, 2016, 5 pm
All meetings will be held in Mezzanine 08
Memorial & Recognition Committee Please notify Doris Barnes at the Bar Office of the
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.
Roland R. Bounds, BCBA Past President 1980
Negligence, Insurance & Workers’ Comp Mezzanine 08, 5-6:30 p.m.
May 3, 2016, followed by a Happy Hour
Medical Malpractice Matters
Professionalism Committee Jury Assembly Area, 5:30 p.m.
April 12, 2016
Understanding the Attorney
Grievance Commission
Reception Immediately Following Program in
Mezzanine 08
Public Awareness & Speakers Committee Civics & Law Academies, 8 a.m. - 2 p.m.
April 15, 2016 @ CCBC Catonsville
Committee Programs
THE ADVOCATE Page 27 April 2016
Real Property Committee Mezzanine 08, 12 - 1:30 p.m.
Brown Bag Lunch
April 12, 2016
Closings, Settlements, e-Filing Deeds,
Current Trends
May 10, 2016
State, Local Laws & Zoning Committee Dinner Programs, 5:30 p.m., Country Club of
Maryland
April 13, 2016, Environmental Issues in
Baltimore County
May 26, 2016, A View From The Hill
with Congressman Ruppersberger
Technology Committee Mezzanine 08
April 11, 2016, 5 p.m., Communication:
That’s the Magic Word
Young Lawyers Committee
April 3, 2016, 2-6 p.m. Bull & Oyster
Roast, Silent Auction
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.
Family Law Magistrate Wendy Schenker, Kristin
Howanski, Wendy Meadows and Judge Nancy
Purpura enjoyed the Young Lawyers Bull &
Oyster Roast on April 3rd, but not more than
Grayson and Ava Meadows!
Judge Sherrie Bailey and her husband, Drew Bailey supporting
Itineris at Wines Around The World, March 10th at Notre Dame
Preparatory School
THE ADVOCATE Page 28 April 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
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 29 April 2016
PLEASE register me for the following programs/events:
Registration Fee:
Member Non-Member
May 2, 7:30 a.m. Law Day Breakfast, The Raddison Timonium $20 $25
May 4, 12 p.m. CLE: Magical Mystery Tour of the Clerk’s Office $0 $20
May 4, 4:30 p.m. Family Law Annual Forum, County Courts Building $0 $20
May 19, 5 p.m. Technology: Is this thing on? Ethical Problems & Tech $0 $20
May 22, 5:30 p.m. SLLZ: A View from “The Hill” with Congressman
C. A. “Dutch” Ruppersberger, CCMd $60 $65
June 6, 5 p.m. E&T: Legislative Developments, County Cts Building $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 30 April 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. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in
top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking
Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on
individual needs. Contact Adam at 410-823-5003 or [email protected].
Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference
rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just
off Red Run Blvd., near I-795. Contact Andy Hermann at [email protected] or 410-998-1198.
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].
University of Baltimore Law School students and alum were very well represented at the Young
Lawyers Bull & Oyster Roast held on Sunday, April 3rd at The Towson American Legion Post No. 22.
Proceeds raised benefitted Itineris, Inc., the BCBA-designated charity for 2015-16.