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 ken@kenpragercpa.com

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, TIDparalegalsvcs@gmail.com, 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, vvalerio@itinerisbaltimore.org 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 forever100plus@gmail.com 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 (doris@bcba.org 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

rachel@bcba.org.

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 adam@spencefirm.com.

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 ahermann@LMCPLAW.com 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 sdunn@sdunnlaw.com.

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 sajlaw@gmail.com.

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.