advocate september 2015

THE ADVOCATE September 2015

Electronic case filing – while

available in federal courts for

years – has arrived or will soon

arrive at a state court near you.

Electronic warrants are on the

horizon, too. We’ve also seen the

advent of law practice

management software, web and

cloud-based products, legal

research tools and internet

marketing via social media. It’s

enough to make your head spin.

And then, there is the change in

the legal marketplace. With the

emergence of businesses like

Legal Zoom, AVVO and others,

some wonder whether the

practicing attorney will become

obsolete.

However, even as the practice of

law evolves, it is still the lawyer

who is uniquely qualified to

advocate for his/her client - in and

out of court. It is the lawyer who

uses training, knowledge,

professional and life experiences

to counsel clients, screen cases,

conduct discovery, evaluate

evidence and go to trial. Yes,

THE ADVOCATE

Newsletter of The Baltimore County Bar Association

Inside This Edition

Program Registrations Pg 17

Bench/Bar Committee Pg 18

Calendar of Events Pg 3

Civics & Law Academies Pg 21

Classified Ads Pg 30

Committee Programs Pg 28

Court Notices Pg 7

Criminal Law Update Pg 22

Executive Council Pg 4

Historical Perspectives Pg 13

Judicial Portrait Fund Pg 9

Lawyers Assistance Pg 16

Memorial Service Pg 6

Night At The Yard Pg 10

Pro Bono Nominations Pg 14

Professional Lawyer Pg 12

Save-The-Date Flyer Pg 15

Spotlight on Judge Cox Pg 8

Veterans Legal Hotline Pg 26

PRESIDENT’S MESSAGE

by Hon. Vicki Ballou-Watts

VOLUME XXV, NO. 2 September 2015

Continued on page 2

DTI Global - Signature Sponsor

“Who Are You and Why Are

You Here?”

When I was a college student, I

became a member of a unique

organization dedicated to

scholarship and service.

Membership was coveted and with

acceptance came an expectation

that each member would make a

lifetime commitment to the

organization’s principles. During

the membership intake process, to

underscore the importance of

identity and purpose, those who

were members would occasionally

ask those seeking membership:

“Who are you and why are you

here?”

I’m reminded of this experience

when I reflect upon the qualms

some have expressed about the

current state of the legal profession.

Judges and lawyers are witnesses

to unprecedented change in the

practice of law and the

administration of justice. That can’t

be denied. Globalization and

technology have affected the way

cases are tried in the courtroom.


technology can aid the lawyer in practice, but a

software program is no substitute when it comes to

the essential aspects of lawyering.

Technology has improved the administration of

justice in many ways but artificial intelligence can’t

replace the function and qualities of a good judge.

Judges, unlike computers, have the ability to

exercise discretion. Trial court judges (and appellate

judges) must understand and apply the law and they

must understand people, too. Lawyers, litigants,

witnesses, victims, criminal defendants, jurors and

others who appear in court come from different

educational backgrounds, economic circumstances,

cultures and life experiences. While those factors

may not impact every ruling, a good judge will make

appropriate observations and consider those

observations in the context of the decision-making

process. There isn’t an app (application) for that.

PRESIDENT’S MESSAGE

Continued from page 1

So, the next time someone questions the continued

relevance of the traditional legal profession or

perhaps asks as my college schoolmates once did:

“Who are you and why are you here?,” please be

ready to respond. We are protectors of precious

rights for those who have entrusted their legal

challenges to us. We utilize technology as a helpful

tool in fulfilling our professional responsibilities.

However, we have committed ourselves to the entire

spectrum of education, training and experiences

necessary to ensure that justice is done. In this way,

we are uniquely qualified to serve the interests of

the individual and society.

Honorable Vicki Ballou-Watts,

President, Baltimore County Bar

Association

September 2015

SPECIAL NOTICE

For the September 2015 issue, The Advocate is available in both a print and digital format. And,

going forward, we’ve made the digital version easier to access. When you receive the BCBA

email, simply click the link and The Advocate will appear on your screen. A PDF option will

continue to be available. You can also access The Advocate on our BCBA website and FaceBook

page. The BCBA gives special thanks to The Law Offices of Peter G. Angelos for its generosity

in sponsoring the September print edition. Another print edition is planned for the late Winter/

early Spring 2016. If you would like to sponsor the next print edition of The Advocate, please

contact BCBA Executive Director Doris Barnes at 443-465-7581 or [email protected].

BCBA President Hon. Vicki Ballou-Watts

mailto:[email protected]?subject=Advocate%20Printing%20Sponsorship


CALENDAR OF EVENTS

Program/Event Registration Form can be found on page 17

Individual flyers can be found on with the online registration for

each program on the website calendar.

September 2015

7 Courts and Bar Office CLOSED, in observance of Labor Day

9 Family Law Dinner, “Meet & Greet,” 6 p.m., Towson Golf & CC

10 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf Room

10 Real Property, Hot Tips on CZMP Process, Noon, Mezzanine 08

10 Membership Kick-Off Event, 5 p.m., Greene Turtle, Towson

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

17 How to Get The Most Out of Your Judicial Clerkship, 4:30 p.m.

18 UB Law Alumni Golf Tournament, 8 a.m., Mt. Pleasant

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

22 Estates & Trusts Happy Hour Kick-Off, 5 p.m., Towson Tavern

24 Annual Crab Feast, 6 p.m., Ocean Pride, 1534 York Road, Lutherville

29 SLLZ, Meet & Greet the County Council, 5 p.m., WTP Towson Office

October 2015

1 Family Law: Limited Representation, 5 p.m., Mezzanine 08

2 Civics & Law Academy, 9 a.m., CCBC Owings Mills

6 Memorial Committee Meeting, 5 p.m., Mezzanine 08

7 Constitution & ByLaws Committee Meeting, 5 p.m., Mezzanine 08

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

12 Courts and Bar Office CLOSED, in observance of Columbus Day

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

14 Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m.

14 Criminal Law Committee Program, 5 p.m., Mezzanine 08

15 Stated Meeting, 4:30 p.m., Courtroom TBD, County Courts Building

22 Family Law Legislation w/State Senator Zirkin, 6 p.m., HVGC

2015-16 Officers

Executive Council Keith R. Truffer Michael W. Siri

Jay D. Miller

Stanford G. Gann Jr. John G. Turnbull III

Lisa Y. Sett les

T. Wray McCurdy,

Immediate Past President

Alexander C. Steeves, YL Chair

The Advocate Laurie Wasserman,

Committee Chair

Doris D. Barnes

Thomas S. Basham

Associate Editors

Contributing Writers C. Theresa Beck

Catherine A. Dickinson

Sondra M. Douglas

Jason S. Garber

Jonathan M. Herbst

Robert C. Lidston

Danielle Moore

Margaret M. McKee

Cecilia B. Paizs

G. Darrell Russell

Brittany L. Stouffer

Laurie Wasserman

Kathleen M. Wobber

Catherine F. Woods

The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official 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

https://members.bcba.org/calendar/
































MEET THE BCBA EXECUTIVE COUNCIL

President

Hon. Vicki Ballou-Watts

Circuit Court for Baltimore

County

Secretary

Adam T. Sampson

Adelberg, Rudow, Dorf &

Hendler, LLC

Treasurer

Rebecca A. Fleming

Turnbull, Nicholson &

Sanders

Keith R. Truffer

Royston, Mueller, McLean &

Reid

Michael W. Siri

Bowie & Jensen, LLC Jay D. Miller

Law Offices of Peter G.

Angelos

President-Elect

Robert J. Thompson

Law Office of Robert J.

Thompson

Members interested in serving on the Baltimore County Bar Association Executive Council submit a letter

of interest to be considered by the Nominations Committee, prior to December 31st each year. Once

elected, that person begins a ten-year track of leadership service.


MEET THE BCBA EXECUTIVE COUNCIL

Stanford G. Gann Jr.

Levin & Gann

John G. Turnbull III

Law Offices of John Grason

Turnbull III

Lisa Y. Settles

Pessin Katz Law, P.A.

Immediate Past President

T. Wray McCurdy

Law Office of T. Wray

McCurdy

Young Lawyers Chair

Alexander C. Steeves

Alperstein & Diener, P.A.

Executive Director

Doris D. Barnes

Among many other duties, Executive Council Members liaison to the various committees of the

BCBA, and participate in leadership trainings offered by the MSBA, ABA, and

National Conference of Bar Presidents.


On Thursday, August 13, 2015, Magistrate

Jacqueline Elizabeth Dawson lost her courageous

battle with ovarian cancer. The BCBA extends its

heartfelt condolences to her family during this

difficult time. A full feature on Magistrate

Dawson will be included in the October Advocate.

IN MEMORIAM

Memorial & Recognition Committee

Annual Memorial Service

November 19, 2015, 3:30 p.m.

Ceremonial Courtroom No. 5

Those who will be remembered include

Gary D. Schenker

C. Daniel Held

William J. Blondell Jr.

H. Thomas Howell

John L. Calhoun

Thaddeus J. Hense

Lynn C. Golberg

John E. Raine III

Frederick Steinmann

Frances M. Angelos

J. Michael Recher

John Wilmer Conrad III

Emily Miller Rody

Magistrate Jacqueline E. Dawson

If there is anyone else who should be included on

this list, please notify Doris Barnes at the Bar

Office immediately, thank you.

This year, we will adjourn to Café Troia located

at 28 Allegheny Avenue in Towson for an

opportunity to spend additional time with the

family, friends and colleagues of our fallen

brethren. We are looking for sponsors to provide

refreshments. If you are able to do so, it would be

greatly appreciated. Individuals are certainly

welcome to support this as well. Please make

checks payable to the BCBA and mail or drop off

checks to the Bar Office. In advance, thank you.

Any unspent funds will be set aside for the next

service.

mailto:[email protected]

mailto:[email protected]?subject=2015%20Memorial%20Service


COURT NOTICES

From the Chambers of Kathleen Gallogly Cox

Circuit Administrative Judge & County Administrative Judge

July 2015

The following Judges will serve in the

Family Division for six months,

effective January 1, 2016

Judge Ruth A. Jakubowski

Judge Michael J. Finifter

Judge Robert E. Cahill, Jr.

Judge Sherrie R. Bailey

Judge Nancy M. Purpura

Judge Julie L. Glass

The following Judges will serve in the

Family Division for six months,

effective July 1, 2016

Judge Kathleen Gallogly Cox

Judge Susan Souder

Judge Vicki Ballou-Watts

Judge Judith C. Ensor

Judge Paul J. Hanley

New Judge

From Hon. Ruth Ann Jakubowski

Family Law Coordinating Judge, Circuit Court for Baltimore County

August 14, 2015

In an effort to facilitate the timely scheduling of hearings conducted before Magistrates, effective

immediately, the maximum time allowed for a Pendente Lite hearing will be one-half day. If any party

believes they need additional time, they must submit a request in writing within ten (10) days of the

scheduling conference, detailing the basis for the request and the additional time needed. All requests

should be submitted to the Civil Assignment Office. A Family Law Magistrate will review all written

requests. A request for reconsideration of a denial of additional time may be submitted in writing to the

Family Law Coordinating Judge for review.

http://www.mdcourts.gov/


SPOTLIGHT ON HON. KATHLEEN GALLOGLY COX by Catherine F. Woods

equity.” Specifically, the committee analyzes the

need, size and caseload of each jurisdiction,

considering the need for funding and how and what

resources are being diverted where. The goal is to

ensure some sense of parity between jurisdictions,

Judge Cox advised this writer.

According to Judge Cox, it is a great time to be an

Administrative Judge. Participation in these

committees has aided Judge Cox in her efforts to

strenuously advocate for the Circuit Court for

Baltimore County. Involvement in the committees

has, she feels, clarified the big picture, as well as

the smaller picture. Internally, Judge Cox states

that she and certain colleagues have sought to

streamline case management and expedite the

processing of cases. They are striving to have

more cases heard more quickly; to increase

efficiencies; and to secure resources that will bring

those goals to fruition. In particular, Judge Cox

and her team have been successful in minimizing

“stand by” cases; reworking the Family DCM plan

to provide for more front end services. They have

added more settlement days; are trying complex

case tracks; and are opening up multi-day cases to

be heard by Magistrates.

While more changes have been made in the family

law arena, modifications have also been made to

how criminal cases are heard. The postponement

policy was altered; a plea docket was created and

motions were moved to the afternoon to capitalize

on the Court’s docket

Significantly, Judge Cox, with the help of others,

was able to get the County to fund a business

practice analysis by the Justice Management

Institute. The Institute will engage in a multi-

month analysis of staffing needs, resources, case

volume and internal efficiencies, thereafter issuing

a final report and recommendations. Judge Cox

anxiously awaits the results, which are due out in

the Fall.

Who knew that all these efforts were going on

behind the scenes?!

When this writer last wrote about the Honorable

Kathleen Gallogly Cox for The Advocate in

September, 2013, she was just taking the helm as

Chief Administrative Judge following Judge John

Grason Turnbull’s recent retirement. Judge Cox’s

appointment coincided with the appointment of the

new Chief Judge of the Court of Appeals, new

Court Administrator, and new District Court chief

judge. The Fall of 2013 also ushered in a period of

time in which the restructuring of the judiciary as a

whole was in its infancy but gathering momentum

swiftly.

Judge Cox was appointed by Chief Judge Mary

Ellen Barbera to serve on the committee that she

formed to scrutinize the overall structure of the

judiciary to ensure that it was a model of efficiency

and productivity. One positive outcome of this

committee was the shrinking of 125 task forces and

committees to approximately 12 committees,

resulting in a more stream-lined, efficient and

effective structure.

Judge Cox was also brought aboard the Strategic

Planning Committee in 2013. This Committee’s

Mission Statement involves looking at where the

Court System is at present; defining the Court’s

role in the community at large; determining what

the Court system should look like going forward;

and ensuring that the Court as a whole is staying

true to its vision. One outgrowth of the strategic

planning process is a focus on “court house


HEAR YE, HEAR YE …

CALLING ALL LAW CLERKS, JACOBSON’S JESTERS &

FRIENDS OF HON. LEONARD JACOBSON

Noted Portrait Artist Kathleen Meredith has been commissioned to

render the portrait of the late Honorable Leonard Jacobson. Funds

are being received by the Baltimore County Bar Foundation to

support this endeavor.

Please make your check payable to the Baltimore County Bar

Foundation (Memo: Jacobson Portrait Fund), and send or deliver to

the Bar Office, 100 County Courts Building, 401 Bosley Avenue,

Towson, MD 21204. Please include instruction on exactly how you

would like your name printed on the program for the unveiling.

For those wishing to take a stroll down Memory Lane, and those who have no idea of the

hidden theatrical talents of some of the now-senior members of the bar, you are encouraged to

visit the Baltimore County Small and Solo Attorney’s Blog penned by Jeffrey R. Scholnick,

which includes a couple clips from Justice—All that Jazz.

Baltimore County Bar Foundation, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204

I have enclosed the sum of $ for the Jacobson Portrait Fund.

Please charge the following credit card, in the amount of $ .

Name on Card____________________________________Telephone Number

Card No Exp Sec. No.

BILLING Address

City State Zip

Name, as it is to appear in the program:

I would like to be notified of the Unveiling Ceremony:

via email or telephone

https://baltimorecountysmallandsoloatty.wordpress.com/tag/judge-leonard-jacobson/


BCBA Orioles Night at The Yard - August 21, 2015


The BCBA-designated charity for 2015-2016

Example:

Lawyer Holly Qualified, Esquire conducts a busy general practice. While it is not always easy, her first

priority is to respond to her clients’ questions and to keep them up-to-date on the status of the matters they

have entrusted to her care. She sends them copies of every letter, email, pleading and paper generated or

received on their behalf. She notes her calendar to follow up with regular status reports. She tries to answer all

inquiries within 24 hours of their receipt. As a result, all of Lawyer Qualified’s clients believe that, regardless

of the outcome, she always has their interests at heart.

IDEALS OF PROFESSIONALISM, approved by the Maryland Court of Appeals:

A Calling to Service

A lawyer should:

(5) keep a client apprised of the status of important matters affecting the client and inform the client of

the frequency with which information will be provided, understanding that some matters will require

regular contact, while others will require only occasional communication;

Comment:

“If you don’t give people information, they will make up something to fill the void.”

Carla O’Dell

Maintaining service to one’s client is at the core of the practice of law. No matter how many other clients a

lawyer may have, the only case which is important to any individual client is his or her own. Regular and

timely communication sends a powerful message that the client’s legal matter is as important to the lawyer as

it is to the client. Keep in touch and keep your clients happy.

THE PROFESSIONAL LAWYER by Keith R. Truffer

http://www.itinerisbaltimore.org/


HISTORICAL PERSPECTIVES: THANKS T. WRAY (MCCURDY) by G. Darrell Russell, Jr.

named Bill Sutton. Bill had tried a handful of cases

against Wray and liked the young aggressive

prosecutor. Sutton offered Wray full partnership in his

Eastside law firm, and the firm Sutton & McCurdy was

established. Later, the firm became Sutton, McCurdy

& Stone, when Norman Stone had left the Public

Defender’s office. After Norman was appointed as a

District Court Judge and Bill retired, the Law Offices

of T. Wray McCurdy was established

Wray’s Eastern Avenue end of row brick building is

viewed as an Essex landmark of sorts. It produces a

criminal law practice which finds Wray in metropolitan

courts daily. Essex District Court is his home court,

but he has tried cases in almost every county in the

state. Wray also has a modest Worcester County

practice, which is the county of his Ocean City beach

house.

We will surely pass, when the one who left us here

returns for us at last. We are but a moment’s sunlight

fading in the grass. Come on people… everybody get

together right now. The Youngbloods

Wray still chases the big waves. Wray was appointed

to the Board of Directors of the Maryland State Public

Defender’s Office in 2002 by Governor Ehrlich. He

was made Chairman of the Board in 2007 by Governor

O’Malley. Wray remained Chairman until 2011, and

he was recently reappointed by Governor Hogan. Wray

handles his position with his typical courage and

conviction.

Wray made some big moves and left a legacy of

positive accomplishments during his tenure as Bar

President. He moved the holiday party to a more

central location, the Towson Tavern. He also moved

the annual banquet from Martin’s West to the Hunt

Valley Inn. Executive Council affairs were given

different venues, and a Ravens tailgate party, featuring

a tailgate grilling contest, was created. Wray only

regrets that his gourmet flank steak dish did not win

the big prize. Wray has much respect and fondness for

his successor as Baltimore County Bar Association

President, Judge Vicki Ballou-Watts. He has worked

tirelessly to make the transition smooth for her.

The year went by like a speeding roller coaster on the

boardwalk, as opposed to the endless summers of

youth. Thanks again, T. Wray.

Call out the instigator because there’s something in the

air. We have got to get it together sooner or later

because the revolution is here. And you know it’s right.

Thunderclap Newman

Last year, the Bar Association was led by a “Big Wave

Runner,” which is how T. Wray McCurdy refers to

himself. Wray has lived his life in the waves at Ocean

City, and fishing on his twenty-five foot power

catamaran in pursuit of a big catch. And, as Bar

President, Wray faced some wild surf. But, Wray was

able to ride out the waves to end up sitting on top of the

world.

When I die and they lay me to rest, I’m gonna go to the

place that’s the best. I got a friend in Jesus. So you

know when I die, he’s gonna send me up to the spirit in

the sky. Norman Greenbaum.

Wray was born in the Baltimore suburbs of Lutherville.

His family moved to Salisbury, when Wray’s father’s

employer bought a steel subsidiary based in the Eastern

Shore. Wray attended James M. Bennett Jr. and Sr.

High School, and then Washington College in

Chestertown, graduating with a degree in Economics.

Wray enjoyed good fortune in law school when he

began dating Gail Horn . Gail and Wray wed in the

summer between his second and third year of law

school. They are the proud parents of two great kids.

Son Tray, now 28, has a Master’s degree in Finance

from Tulane, and daughter Molly, 26, graduated summa

cum laude from the University of Tennessee. Both

children, by happenstance, work in San Francisco. So,

Wray and Gail rack up their frequent flier miles visiting

them across the country.

I’ve been thinkin’ about all the places we surfed and

danced and all the faces we’ve missed. Let’s get

together and do it again. Brian Wilson and the Beach

Boys

Wray’s first job while attending law school was with

Chesapeake Ship Building. He worked out of the World

Trade Center doing boat management and routing. Next,

Wray joined the State’s Attorney’s Office. Wray

worked with the SAO for eighteen months, until he

received a generous offer from a defense attorney


PRO BONO AWARD NOMINATIONS SOUGHT by Hasson Barnes, Pro Bono Committee Chairperson

The Baltimore County and Local Pro Bono Committees request nominations

for the Annual Pro Bono Awards, to be made during National Pro Bono Week

(October 25-31, 2015) at its Annual Reception honoring all attorneys in

Baltimore County who provide pro bono legal services throughout the year.

Nominations must be submitted in writing, not later than Thursday,

September 10, 2015. Please mail to the BCBA, 100 County Courts Building,

401 Bosley Avenue, Towson, MD 21204, or emailed to Doris Barnes.

Pro Bono Attorney of the Year

1. Attorney serving the needs of the community through pro bono work.

2. Generally demonstrated through his or her career.

3. May be demonstrated through a single case or a particular accomplishment.

4. Work considered is services to persons of limited means as that is defined in Rule of

Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.

The recipient is not required to be a member of the BCBA.

Pro Bono Firm of the Year

1. Firm serving the needs of the community through pro bono work.

2. Generally demonstrated over a number of years.

3. May be demonstrated through a single case or a particular accomplishment.

4. Work considered is services to persons of limited means as that is defined in Rule of

Professional Conduct 6.1 and includes services outlined in Maryland Rule 16-902.

Prior Recipients Include:

1996 Carl R. Gold

1997 Daniel V. Schmitt

1998 Nevett Steele, Jr. and Whiteford, Taylor & Preston

2001 Carl R. Gold

2002 Douglas T. Sachse

2003 Stephen J. Nolan

2004 John J. Condliffe & Judith Shub-Condliffe

2005 Edwin G. Fee, Jr. and Baltimore County Office of Law

2006 Barbara L. Ayres and Bowie & Jensen

2007 Thomas G. Bodie

2008 Barbara Bakal Greene and Levin & Gann

2009 Frank E. Turney and Baumohl & Hamburg

2010 Michael F. Connolly and Chason, Rosner, Leary & Marshall

2011 Laurie Hansen

2012 Michael L. Jeffers

2013 Richard V. Lynas

2014 J. Michael Lawlor



ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE?

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

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM

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

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

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

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

counselors.

GARY MILES, Chair 443-632-1760

RICHARD LYNAS, Vice-Chair 410-288-1099

STUART AXILBUND 410-832-7579

JIM BEACH 410-241-8538

MARY CHALAWSKY 410-649-2000

MARISSA JOELSON 917-226-6472

JAY MILLER 410-951-7165

JOSE MOLINA 443-851-7353

SAM MOXLEY 410-733-3306

JOE MURTHA 410-583-6969

JIM QUINN 443-703-3041

BILL SALTYSIAK 410-583-8883

JUDGE PHILIP N. TIRABASSI 410-512-2053

MARK VAN BAVEL 410-337-5291

Depression

Marital and Family Relationships

Alcohol and Drug Abuse

Stress and Burnout

Prescription Drug Concerns

Career Concerns

Gambling

Internet Addiction

Sexual Addiction

Compulsive Spending

Eating Disorders

Balancing Work and Family

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

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

for Bar Counsel to pay you a visit. Confidential help

is available for any attorney, paralegal or support

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

among others.


PLEASE register me for the following programs/events:

Registration Fee:

Member Non-Member

September 9, Family Law Meet & Greet $50 $60

September 10, Hot Tips: CZMP Process FREE $20

September 10, Bar Year Kick-Off Event FREE $10

September 17, How to Get The Most Out of

Your Judicial Clerkship FREE FREE

September 22, E&T Happy Hour Kick-Off FREE $20

September 24, Annual Crab Feast $50 $60

September 29, Meet & Greet the County Council $25 $50

October 1, Family Law: Limited Representation $10 $20

October 14, Criminal Law Program FREE $20

October 22, Family Law Legislation w/State Senator Zirkin $50 $60

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.

https://members.bcba.org/register/?eventno=916








http://www.bcba.org


Upcoming Events

September 10 Bar Year Kick Off Event

September 24 Crab Feast

December 3 Holiday Party

January 28 Black-Tie Banquet

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.

Meetings will be held on the following dates

September 10, 2015

October 8, 2015

November 12, 2015

December 10, 2015

January 14, 2016

February 11, 2016

March 10, 2016

April 14, 2016

May 12, 2016

June 9, 2016

Members Appointed to Serve

Hon. Kathleen G. Cox

Timothy Sheridan

Julie Ensor

Hon. Alexandra N. Williams

Michael Esposito

Hon. William R. Evans

Hon. Will Somerville

Magistrate Wendy Schenker

Scott D. Shellenberger

Gregory Gaskins

Donald Zaremba

Sheryl D. H. Atkins

Debra G. Schubert

Leonard Shapiro

Sondra M. Douglas

Alexander C. Steeves

Freed Allentoff

Harry L. Chase

C. Carey Deeley Jr.

Bruce E. Friedman

Laura C. Jenifer

Julie E. Landau

Patrick E. Maher

Hon. Stacy A. Mayer

Hon. Nancy M. Purpura

James A. Sorensen

Bench/Bar Committee 2015-16

Mary R. Sanders, Chair

410-339-4100

[email protected]

Richard Grason VI, Vice-Chair

410-296-8655

[email protected]

Members of the Bar who wish to have an

issue presented at a Bench/Bar Meeting

should contact Mary Sanders, Chair.






http://www.bcba.org/membership-benefits/


BANKRUPTCY—Chapters 7 and 13

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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.


http://www.dtiglobal.com/

http://www.bcba.org/news/news/bcba-committees/

http://www.bcba.org


Members of the Baltimore County Bar Association's

Young Lawyers Committee welcomed new 1L

students at the University of Baltimore School of Law's

student orientation in August. The School set up group

meetings where the incoming law students would meet

with a practicing attorney and discuss topics from final

exams to the bar exam to finding a job.

Students sat at tables with attorneys and had an

opportunity to engage in an informal discussion with

lawyers who were in a similar situation a few years

prior. Although the students had not had their first day

of classes, they were already asking questions about

the bar exam and wanted to know how to study for it

and which bar review classes to take.

Another popular topic of discussion was how the

attorneys ended up working in certain practice areas,

and whether or not they had an interest in that type of

law when they started law school. The lawyers were

able to reassure the students that it is perfectly

acceptable to not know which area of the law may

interest them the most as they begin law school. They

also reassured the students that their interests would be

expanded during law school as they participate in

activities such as moot court, law clinics, and

internships.

After a lot of discussions about surviving the first year

of law school, the conversations then turned to what

the students could be doing to make themselves more

appealing to potential employers, and the best ways to

go about finding that first job. The attorneys shared

their experiences and gave the students their personal

tips on how to get experience while still in law school.

Finally, business cards were exchanged and the

students moved along to continue with orientation

activities. The students even received a few

applications to join the Baltimore County Bar

Association as membership is free for law students.

Before we see them in court in a few years, we hope to

see them at some of our events so that they can be

welcomed by more members get involved early in their

careers.

YOUNG LAWYERS WELCOME

1L STUDENTS TO UB LAW by Sandy Steeves

http://www.medicalneg.com/


J oin Baltimore County’s finest members of the Judiciary and Bar on October 2, 2015, November 13,

2015 and/or April 15, 2016, as the Public Awareness & Speakers Committee embarks on the third year

of bringing the ABA-initiated Civics & Law Academy to Baltimore County Public School students. Each

Academy is held at one of the beautiful Community College of Baltimore County campuses, and serves

students from five area high schools each, bringing more than 100 students together at each Academy to

emphasize the importance of knowing and understanding their basic Constitutional Rights, in a format that is

both engaging and entertaining. Volunteer faculty are provided the curriculum, as well as presentations and

handouts. This is an inspiring way to reach out to the young people in our communities at this crucial stage of

their lives.

Y ou really can make a difference! To volunteer as faculty for one of these sessions, or for more

information, please contact Lisa Y. Settles (410-339-5783; [email protected]), Chair of the BCBA

Public Awareness & Speakers Committee.

VOLUNTEERS NEEDED


mailto:[email protected]?subject=Civics%20&%20Law%20Academy%20Volunteer%20Interest


CRIMINAL LAW UPDATE by Robert C. Lidston

The August Amicus contains a Court of Appeals

decision and two Court of Special Appeals decisions

which may be of interest to practitioners.

Counts v. State, No. 65, September Term 2014, filed

July 27, 2015 (opinion by Barbera, C.J.). Counts

was arrested in connection with a burglary and

charged with that crime and related offenses. Count

four of his indictment charged that he stole property

having a value of less than $1,000.00. On the

morning of the circuit court trial, the State sought to

amend count four from theft of "less than a

$1,000.00" to "theft of at least $1,000.00 but less

than $10,000.00." The attorney for Counts objected,

telling the court that the amendment changed the

offense from a misdemeanor to a felony and

changed the possible jail time from 18 months to 10

years. The State answered that the elements of the

offense stayed the same and that only the penalty

changed. The trial judge allowed the amendment.

The jury did not find Counts guilty of first degree

burglary. However, it found him guilty of fourth

degree burglary, theft of goods having a value of at

least $1,000.00, and theft of good valued under

$100.00. Counts appealed to the Court of Special

Appeals. His argument was that the trial court erred

in allowing the amendment of count four. COSA, in

an unreported opinion, held that the trial court had

not erred and affirmed the conviction. The Court of

Special Appeals reversed the conviction.

The issue before the Court of Appeals was whether

the trial court erred in allowing the State, over

defense objection, to amend count four from "theft

of property with a value of less than $1,000.00" to

theft of property "with a value of at least $1,000.00

but less than $10,000.00." Such a charging

document amendment is governed by Maryland

Rule 4-204. The purpose of that rule is to prevent

unfair surprise to a defendant. The Court decided

that allowing the amendment changed the character

of the offense charged. The amount of value of the

property stolen is an element of felony theft. It held

that if the State wants to have a defendant convicted

of one or more specific grade of felony theft, the

State must allege and prove that the value of the

property in question is at or more than the threshold

value for the greater felony charge.

The Court decided that changing a charging

document to alter or add an element changes the

character of the offense charged and is, thus, not

permissible without the consent of the defense. The

trial judge violated Rule 4-204 by allowing the

State, over defense objection, to amend the charging

document so as to change the character of the

offense by inserting an element that, before the

amendment, the State did not have to prove to the

jury. This was prejudicial per se, entitling Counts to

a reversal of his felony conviction. The Court

remanded the matter to the trial court for the entry

of a judgment of conviction and sentence on the

originally charged misdemeanor of theft or property

valued at less than $1,000.00.

http://www.frankelderlaw.com/


CRIMINAL LAW UPDATE Continued from page 22

Randall v. State, No. 1879, September Term 2013,

filed July 1, 2015 (opinion by Leahy, J.). A

Maryland resident died leaving a Will devising,

among other things, real property in Arizona to her

residuary estate. Randall, an Arizona resident,

served as co-personal representative of the estate.

She filed a "proof of authority" with the proper

Arizona court, giving her the power to act on the

estate’s behalf in Arizona under the authority issued

by the State of Maryland. She sold the Arizona

property, did not account for the proceeds in the

Maryland estate, failed to distribute the proceeds to

the heirs, and kept the vast majority of the proceeds

for herself. A Maryland grand jury charged her with

theft and embezzlement. Because of uncertainty

about her Arizona address, the State took over two

years to try Randall after her indictment. The trial

court denied her motion to dismiss for lack of a

speedy trial. During her trial, the trial judge also

denied her motion for acquittal based on the lack of

jurisdiction to prosecute the charge against her. A

jury convicted her of theft and embezzlement.

Randall appealed to the Court of Special Appeals

which affirmed her conviction. COSA held that the

State did not violate Randall’s constitutional right to

a speedy trial by taking over two years to try her

following her indictment. It noted that the two year

delay triggered Barker v. Wingo, 407 U.S. 514

(1972) which requires the analysis of four factors:

length of the delay, reasons for the delay, assertion

of a speedy trial right, and prejudice. As to the

reasons for the delay, COSA noted that the State has

a duty to procure a defendant’s presence for trial and

that it must act with "reasonable diligence." Because

there was confusion about Randall’s Arizona

address an because the State acted reasonably to

resolve this confusion, COSA decided that the

"reason for delay factor" did not weigh in Randall’s

favor. As to the particular circumstances of

Randall’s case, the delay caused largely by the

failure of an Arizona sheriff’s office to serve the

warrant which was followed by Randall’s efforts to

fight extradition, along with the lack of prejudice in

the case, COSA held that the trial court did not err

in denying the motion to dismiss.

As to Randall’s argument that Maryland did not

have jurisdiction to prosecute the crimes because

they occurred in Arizona, COSA, in rejecting the

argument, relied on the "duty to a count" theory

espoused in Wright v. State, 339 Md. 339, 406

(1995). In that decision, the Court of Appeals held

that jurisdiction over a theft offense exists in

Maryland if the defendant was subject to a duty to

account for the property in Maryland. COSA

explained that although Maryland probate law does

not explicitly require a personal representative to

account for proceeds from the sale of foreign real

property in a Maryland estate, a personal

representative may still be required to account for

the proceeds of the sale if the state in which the

foreign real property was located did not require an

accounting. Randall’s actions in Arizona then

Continued on page 24

http://www.chesapeakelegal.org/



became key to the court’s analysis. COSA held that

where a personal representative does not open an

ancillary proceeding in the foreign state, but instead

sells the resident decedent’s foreign real property

under the authority issued by Maryland which is

accepted by the foreign state, the personal

representative is required to account for the proceeds

in Maryland. Randall had not been required to

account for the proceeds in Arizona and did not

report them in the Maryland estate.

Taylor v. State, No. 494, September Term 2014,

filed July 30, 2015 (opinion by Zarnoch, J.). A

police officer observed an SUV traveling at what

appeared to be a high rate of speed. The officer

followed and saw the vehicle fail to stop at a stop

sign. The officer then turned on his emergency

lights, the SUV stopped, and the officer pulled up

behind it. When the officer asked the vehicle’s only

passenger, Taylor, for his driver’s license, he

detected an odor of alcohol on Taylor’s breath and

noted that his speech was slurred and hard to

understand. Taylor’s eyes were also bloodshot and

glassy. When the officer asked Taylor where he was

before he began driving, Taylor answered that he

had been at a bar.

The officer asked Taylor to step out of the SUV so

that he could administer field sobriety tests. The

officer determined that Taylor failed the horizontal

gaze nystagmus, the nine-step walk-and-turn, and

the one-legged stand. He placed Taylor under arrest

for suspicion of DUI. A back-up officer arrived and

searched the vehicle to locate any alcohol or open

containers. The search of the SUV’s console turned

up a clear plastic baggie containing smaller bags of

cocaine.

Taylor was charged with various drug, alcohol, and

traffic offenses. He moved to suppress the cocaine,

claiming that it was seized in violation of his Fourth

Amendment rights. His motion was denied and he

was convicted. He appealed to the Court of Special

Appeals which affirmed his conviction.

COSA rejected Taylor’s Fourth Amendment

argument. It relied on Arizona v Gant, 556 U.S. 332

(2009), where the Supreme Court decided that a

police officer may conduct a vehicle search incident

to a lawful arrest when it is "reasonable to believe"

that evidence related to the crime of arrest might be

found. This "reasonable to believe" inquiry is the

same as a "reasonable suspicion" standard for a stop

and frisk.

In applying the standard to the Taylor matter,

COSA pointed to the officer’s experience with

inebriated motorists; his reasonable belief that a

DUI arrestee would often have alcoholic beverages

in his vehicle; the connection between alcohol

consumption and inebriation; the fact that the

officer never saw Taylor drink outside of the

vehicle; and the fact that the presence of open

alcoholic beverage containers in a vehicle is a way

of proving DUI in Maryland. The officer had reason



to believe that Taylor would have alcoholic

beverages in his SUV and, thus, the search was

justified.

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

http://www.tuckerandmeltzer.com/

http://www.1stmarinerbank.com/

http://www.gorebrothers.com/


http://www.probonomd.org/veterans-assistance


LAWYER IN THE LOBBY CLINIC

The attorneys listed below have volunteered to staff

the LAWYER IN THE LOBBY CLINIC, which is held

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

p.m. This is an opportunity for citizens of

Baltimore County to meet, free of charge, with an

attorney for advice and/or referral or both

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

bankruptcy, landlord/tenant matters, contract,

warranties and other consumer matters, wills,

probate, advance directives, or small claims

actions.

If you are interested in staffing the Clinic, please

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

[email protected].

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!

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



http://www.economic-analysis.com/


Criminal Law Committee

Mezzanine 08, 5 - 6 p.m.

October 14, 2015

December 9, 2015

February 10, 2016

April 13, 2016

June 8, 2016

Entertainment Committee

October 11, 2015, Ravens’ Tailgate

December 3, 2015, Holiday Party

January 28, 2016, Black-Tie Banquet

March 11, 2016, Bowling @ Mustang Alley

April 26, 2016, Supreme Court Group Admission

June 2, 2016, Golf Tournament

Estates & Trusts Committee

September—Happy Hour

October

November

Family Law Committee

Dinner Programs, 6 p.m.

September 9, 2015, TG&CC

October 22, 2015

November 10, 2015

March 24, 2016

April 7, 2016, Joint Program with BABC

Informational Sessions

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

Hour in Towson

October 1, 2015

December 1, 2015

January 13, 2016

January 20, 2016

Evening Series

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

March 16, 2016

April 20, 2016

May 18, 2016

Law Day 2016

Miranda, More Than Words

To be celebrated on Monday, May 2, 2016

September 22, 2015, 5 pm, Mezzanine

Planning Meeting - Please join us!

Memorial & Recognition Committee

November 19, 2015, 3:30 p.m., Annual Memorial

Service. Those who will be remembered include:

Gary D. Schenker

C. Daniel Held

William J. Blondell Jr.

H. Thomas Howell

John L. Calhoun

Thaddeus J. Hense

Lynn C. Golberg

John E. Raine III

Frederick Steinmann

Frances M. Angelos

J. Michael Recher

John Wilmer Conrad III

Emily Miller Rody

Magistrate Jacqueline E. Dawson

If there is anyone else who should be included on

this list, please notify Doris Barnes at the Bar Office

immediately, thank you.

This year, we will adjourn to Café Troia located at

28 Allegheny Avenue in Towson for an opportunity

to spend additional time with the family, friends and

colleagues of our fallen brethren. We are looking

for sponsorships to provide a few cocktails and

appetizers. If you are able to do so, at $100 per firm,

Committee Programs








mailto:[email protected]?subject=2015%20Memorial%20Service


it would be greatly appreciated. Individuals are

certainly welcome to support this, as well, at any

amount they are able to donate. Please make checks

payable to the BCBA and mail or drop off to the Bar

Office. In advance, thank you.

Negligence, Insurance & Workers’ Comp

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

November 18, 2015

Competency in the Courtroom

February 18, 2016

Workers’ Comp - Vocational

Rehabilitation

May 3, 2016, followed by a Happy Hour

Medical Malpractice Matters

Public Awareness & Speakers Committee

Civics & Law Academies

October 2, 2015 @ CCBC Owings Mills

November 13, 2015 @ CCBC Essex

April 15, 2016 @ CCBC Catonsville

Real Property Committee

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

Brown Bag Lunch

September 10, 2015

November 17, 2015

March 8, 2016

May 10, 2016

State, Local Laws & Zoning Committee

September 29, 2015, 5-7 p.m., Whiteford, Taylor &

Preston, Towson Office

Meet & Greet the County Council

Dinner Programs, 6 p.m.

November 4, 2015

February 4, 2016

March 3, 2016

April 13, 2016

Technology Committee

To Be Scheduled …

MDEC, e-filing status and coming

attractions

Getting Your Office Ready for MDEC

Technology in the Courtroom

Social Media for Marketing &

Investigation

Cloud Computing

Also look for monthly articles beginning next month

on technology tips, apps, practice software, case

management, etc. If you are interested in writing one

of these columns, please contact Rob Erdman, 410-

296-3630.

Young Lawyers Committee

September 10, 2015, Greene Turtle, Towson

Bar Year Kick-Off Party, 5 p.m.

September 24, 2015, Ocean Pride Restaurant

Annual Crab Feast, 6 p.m.

Committee Programs

mailto:[email protected]?subject=Technology%20Tips%20Column%20Interest

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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

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

desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free

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

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

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

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

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

[email protected].

Towson law offices available for sublet. We are four busy lawyers working in a nicely furnished suite of offices on the 8th

floor of 401 Washington Avenue, overlooking the Old Courthouse. We have 1-4 lawyer’s offices, plus work stations for legal

assistants available. Suite is equipped with phones, reception area, conference room, kitchen, copier and postage meter.

Competitive rates. http://www.401washingtonave.com. Macy Nelson, 410-296-8166 x 290; [email protected].

A VERY SPECIAL THANKS to

The Law Off ices of Peter G. Angelos

For their generous sponsorship of the printing and mailing of this

Specia l Edi t ion of The Advocate

Pre-Sort Standard

US Postage

PAID

Permit No. 1262

Baltimore MD

http://www.bcba.org

mailto:[email protected]?subject=Advocate%20Ad:%20Historic%20Lutherville%20Office%20Space

mailto:[email protected]?subject=For%20Rent:%20Lawyer's%20Office%20-%20Advocate%20Ad

http://www.401washingtonave.com

mailto:[email protected]?subject=Law%20Offices%20Availabe%20for%20Sublet:%20Advocate%20Ad

advocate september 2015

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