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The monthly newsletter of the Baltimore County (MD) Bar Association.
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THE ADVOCATE Page 1 March 2016
could vote. In many of the
colonies, voting rights for
Catholics, Jews and Quakers were
restricted.
After the Revolutionary War, the
issue of voting rights was left to
the individual states. In 1828,
Maryland became the last state to
remove religious restrictions, thus
granting Jewish males the right to
vote. By 1850, property
ownership was no longer a
requirement. However, after an
influx of Irish-Catholic
immigrants, northern states like
Connecticut and Massachusetts
instituted literacy tests as a
condition to voting eligibility.
During this same time period,
only five northern states allowed
African-American men the right
to vote.
After the Civil War, as a
condition to readmission to the
Union, Confederate states were
THE ADVOCATE
Newsletter of The Baltimore County Bar Association
Inside This Edition
Program Registrations Pg 28
Annual Banquet Pg 8
Bench/Bar Committee Pg 14
Calendar of Events Pg 3
Classified Ads Pg 40
Committee Programs Pg 36
County Council Update Pg 17
Court Notices Pg 4
Criminal Law Update Pg 32
Family Law Program Pg 6
Historical Perspectives Pg 16
Investiture of Judge Truffer 18
Judicial Portraits Pg 26
Lawyers Assistance Pg 35
Plumhoff Award Pg 12
Save the Date Flyer Pg 25
Supreme Court Group Adm 15
Technology Tips Pg 13
Volunteer Opportunity Pg 5
PRESIDENT’S MESSAGE
by Hon. Vicki Ballou-Watts
VOLUME XXV, NO. 9 March 2016
Continued on page 2
DTI Global - Signature Sponsor
“Our lives begin to end the day we
become silent about the things that
matter.” –Martin Luther King, Jr.
What a remarkable and
unforgettable Presidential Primary
season we’ve witnessed thus far.
Maryland’s primary takes place on
April 26, 2016. Many pundits
believe that by then, the respective
Presidential Nominees will already
have been determined. Of course,
the pundits have been wrong on
more than one occasion during this
election cycle. However, even if
they are correct, the
disenfranchisement experienced by
so many citizens in the past should
serve as a reminder that voting is a
privilege too precious to squander.
In colonial times, only those
considered to have “a stake in
society” were deemed committed
and independent enough to vote in
a responsible manner. Generally,
that meant only property owning or
tax paying White male Protestants
CHERISHING THE RIGHT TO VOTE
THE ADVOCATE Page 2 March 2016
required to ratify new state constitutions and adopt
the 14th Amendment, which guaranteed equal
protection under the law to all men, including former
slaves. The 15th Amendment was ratified soon after
and it gave former (male) slaves the right to vote.
So, during Reconstruction, African-American men
voted and ran for public office in the South. Most of
them joined the Republican party since it was the
party of Lincoln. Unfortunately, after President
Rutherford B. Hayes withdrew federal troops from
the former Confederate states, local legislators and
their supporters used violence, intimidation and a
variety of measures to keep Blacks from voting or
seeking public office. Poll taxes – taxes to be paid
in order to vote – were instituted. These taxes kept
Blacks and poor Whites from voting. Literacy tests
like the ones used earlier in northern states, were
adopted in the South. With literacy tests, voter
eligibility was determined by a man’s ability to read,
write and answer specific questions.
Since poll taxes and literacy tests also had an
adverse impact on the voting rights of poor Whites,
some states used ‘grandfather clauses’ so members
of this group could vote. A grandfather clause, as the
name suggests, gave a potential voter the right to
vote if his grandfather was eligible to vote before
1870 (essentially, before the 15th Amendment and
the Civil War). This meant he was exempt from
literacy tests and poll tax requirements.
Even though the 14th and 15th Amendments were
ratified shortly after the Civil War, the 24th
Amendment was still necessary in 1964 to expressly
prohibit the use of poll taxes. Congress also passed
enabling legislation such as the Voting Rights Act of
1965 to enforce and protect voting rights of the
disenfranchised.
It took the women’s suffrage movement and the
ratification of the 19th Amendment in 1920 before
women were allowed to vote. Supreme Court
decisions in the 1920’s limited the right to vote for
citizens of Japanese and Indian descent. And, Native
Americans weren’t recognized as full citizens with
the right to vote until 1924.
PRESIDENT’S MESSAGE
Continued from page 1
Many of us recall that after young people fought
and died in service to our country during the
Vietnam War, there was a demand for greater
voting rights. The 26th Amendment gave United
States citizens 18 years and older the right to vote
in 1971.
With so many who fought and died for the right to
vote, how can we, in good conscience skip this
primary or any election? Voting gives us a voice
on the issues that matter. The upcoming primary
ballot will include the candidates for the
Presidential nomination along with several
important “down ballot” contests for the U.S.
Senate, Congress, Circuit Court Judges and party
delegates.
Now it is easier to register to vote than ever
before. You can even register to vote online at
www.elections.state.md.us. And, if you’re
registered to vote (or a licensed driver), you’re
eligible for jury service – another important right.
Throughout American history, lawyers have been
in the forefront of advocacy for voters and voting
rights legislation. That’s why the right to vote
should have special significance to lawyers and
judges.
In Maryland, early voting takes place from April
14 through April 21, 2016. I’ll see you at the polls.
Hon. Vicki Ballou-Watts,
President, Baltimore County Bar Association
March 2016
Young Lawyer Bull & Oyster Roast
April 3, 2016, 2-6 pm Towson American Legion
Tickets on sale now! For more information, see page 4 of this issue, or go
online to the www.bcba.org Calendar for
flyer and registration.
THE ADVOCATE Page 3 March 2016
CALENDAR OF EVENTS
March 2016
3 Law Day Committee Meeting, 5 p.m., Mezzanine 08
8 Executive Council Meeting, 8 a.m., Judicial Conference Room 363
8 Solo & Small Firm: Court Reporter Services: More than a Deposition,
12 pm, GJR
9 Lawyer in the Lobby, Free Walk-in Clinic, 4:30-6:30 p.m.
10 Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conference Room
10 Wines Around The World, 6 p.m., Notre Dame Preparatory School 16 Family Law: Social Media: Evidentiary Issues, 5 p.m., Mezzanine 08
16 YL: What Business Leaders Look for When Retaining Legal Counsel, 5
p.m., Grand Jury Room, followed by Happy Hour at Charles Village Pub,
Towson
21 Tech: Is This Thing On? Ethical Problems and Technology, 5 p.m.
22 E&T: Guardianships: An Overview of the Role of Court-Appointed Counsel,
5 p.m., Mezzanine 08
23 Membership: Scotch Tasting at UB Law, 4:30 p.m.
24 Family Law: Deviation from the Child Support Guidelines: How To Be
Creative, 6 p.m., Mezzanine 08
29 Long-Range Planning Committee Meeting, 8 a.m., Mezzanine 08
30 Criminal Law: Mental Health Issues, 5 p.m., Mezzanine 08
31 ADR: Changes, Changes, Changes, 5 p.m., Mezzanine 08
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
13 SLLZ: Environmental Issues in Baltimore County, 5:30 p.m., CCMd
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
30 Hillwood House Tea and Gardens Tour, 8:30 a.m.
2015-16 Officers
Executive Council Keith R. Truffer Michael W. Siri
Jay D. Miller
Stanford G. Gann Jr. John G. Turnbull III
Lisa Y. Sett les
T. Wray McCurdy,
Immediate Past President Alexander C. Steeves, YL
Chair
The Advocate Laurie Wasserman,
Committee Chair
Doris D. Barnes
Thomas S. Basham
Associate Editors
Contributing Writers C. Theresa Beck
Thomas H. Bostwick
Catherine A. Dickinson
Sondra M. Douglas
Bruce E. Friedman
Robert C. Lidston
Gary Miles
Margaret M. McKee
Cecilia B. Paizs
Jeffrey R. Scholnick
Lisa Y. Settles
Keith R. Truffer
Laurie Wasserman
Catherine F. Woods
Matthew I. Wyman
The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 5th of the month preceding publication.
President
Pres-Elect
Secretary
Treasurer
Hon. Vicki Ballou-Watts
Robert J. Thompson
Adam T. Sampson
Rebecca A. Fleming
Program/Event Registration Form can be found on page 23
Individual flyers can be found with the online registration for
each program on the website calendar.
THE ADVOCATE Page 4 March 2016
COURT NOTICES
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
Judge Colleen A. Cavanaugh
Chambers of
Kathleen Gallogly Cox
Circuit Administrative Judge &
County Administrative Judge
County Courts Building
Towson, Maryland 21204
410-887-6510
Circuit Court for Baltimore County
Third Judicial Circuit
The following Judges will serve in the Family
Division for six months effective January 1, 2017:
Judge Mickey J. Norman
Judge H. Patrick Stringer, Jr.
Judge John J. Nagle III
Judge Jan Marshall Alexander
Judge Justin J. King
Judge Keith R. Truffer
The BCBA-designated charity
Young Lawyers’
Bull & Oyster Roast
Sunday, April 3, 2016
2:00 p.m.— 6:00 p.m.
Tickets, $45 adults
Table of TEN, $400
Kids 6-13 years, $20
Under 6 years, FREE!
Towson American Legion
125 York Road
Towson, MD 21204
Tickets on Sale Now!
THE ADVOCATE Page 5 March 2016
The Membership & Admissions Committee, along with the Young Lawyers Committee, are pleased to offer an
opportunity for members of the BCBA to continue supporting the efforts of Itineris, Inc., the BCBA’s designated
charity for 2015-16.
Itineris, is holding a fundraising gala on Saturday, April 16th, 7 p.m. to 11:30 p.m., at their location: 2050 Rockrose
Avenue, Baltimore, MD 21211, which includes a silent and live auction, live music by Mister Wilson, fun fare, open
bar, and client entertainment. We are looking for volunteers to staff the auction tables. Two shifts are available: 6-8 p.m.
and 8-10 p.m. If you volunteer, you can attend the entire event at no cost! Please contact Alaina Storie,
[email protected], if you are interested.
Itineris is committed to helping provide opportunities for individuals with autism spectrum disorder to participate
meaningfully in all aspects of adult life.
MEMBERS’ VOLUNTEER OPPORTUNITY by Alaina Storie
THE ADVOCATE Page 6 March 2016
CONTRIBUTION TO REAL ESTATE EXPENSES by Sondra M. Douglas
On Wednesday, January 20, 2016, the Family Law
Committee sponsored the “Contribution to Real
Estate Expenses, Crawford Credits.” The speakers
on the panel were the Honorable Judith C. Ensor,
Thomas C. Ries, Esquire and Frederick L. Kobb,
Esquire. The program was held in the Mezzanine
of the courthouse and the room was full of
domestic practitioners.
The panel presentation consisted of three parts:
PART ONE: Contribution is a concept from
property law
Fred Kobb began the discussion with the history of
the contribution to real estate concept.
Crawford v. Crawford , 293 Md. 307 (1982), held
that well-established property law that may entitle
one co-tenant who pays the mortgages, taxes and
other carrying charges of jointly-owned property
to contribution from the other co-tenant applies
equally to a tenancy by the entireties. Contribution
is an equitable right, however a request must be
made by the party seeking the contribution.
Colburn v. Colburn, 265 Md. 468, 477 (1972);
Spessard v. Spessard, 64 Md. App.83 (1985).
Judge Ensor suggested that counsel send a letter
requesting contribution to the opposing party,
which would serve as evidence of such request.
There are several exceptions to seeking
contributions:
A. “Ouster is the actual turning out or keeping
excluded the party entitled to
the possession of any real
property” Spessard v.
Spessard, 64 Md. App.at 8-89.
B. Agreement between the
parties
C. Payment of Expenses from
Marital Property
D. An Equitable Remedy
PART TWO: Matters for consideration when
negotiating and preparing a property settlement
agreement
Tom Ries provided the following pointers to
consider when preparing a marital property
settlement agreement that includes Crawford Credit
issues:
1) Identify the expenses and who is going to pay
them.
2) How will expenses be paid while the property is
on the market?
3) How do you define “net proceeds of sale?” How
will the net proceeds of sale be divided between
the parties?
4) Will either spouse or former spouse have a claim
of “ contribution” prior to divorce? As a tenant in
common after the divorce? *See the handout for
a sample agreement starting on page 7, which
can be found on under Committee Reports,
Family Law, of the BCBA website
(www.bcba.org)
5) Include a contribution clause in the Judgment of
Divorce along with the actual payment amount,
“do the math” !
PART THREE: Presenting your case to the Court
Judge Ensor encouraged all practitioners to make a
chart for the bench, as it is helpful and welcomed
when counsel appear with their calculations already
prepared. Do the math!
THE ADVOCATE Page 7 March 2016
THE ADVOCATE Page 8 March 2016
Snowmageddon ended just in time for the BCBA’s
94th Annual Banquet on January 28, 2016. For the
second year, the Banquet was held at the beautiful
Hunt Valley Wyndam Grand Hotel. The evening
began with an extended cocktail hour, where over
700 guests enjoyed delicious appetizers and
drinks. There were many VIPs at the Banquet,
including current and retired Judges from
Baltimore County, Baltimore City, Harford
County, and Howard County, Baltimore County
State’s Attorney Scott Shellenberger, as well as
County Executive Kevin Kamenetz and City
State’s Attorney Marilyn Mosby.
The ceremonial portion of the evening began with
the historical invocation from BCBA Past-
President Dominick Garcia and opening remarks
by current BCBA President Hon. Vicki Ballou-
Watts. Judge Ballou-Watts noted that our
membership has grown substantially, far
surpassing the first BCBA banquet in 1920, in
which all 27 members of the organization
attended. Judge Ballou-Watts also highlighted the
launch of the BCBA’s improved website
(www.bcba.org), and expanding social media
presence on Facebook, Twitter and Instagram. She
encouraged guest to post pictures online with the
hashtag #BCBAprom2016.
Carolyn H. Thaler, Chair of the Professionalism
Committee, then introduced Drake C. Zaharris,
ANNUAL BLACK-TIE BANQUET by Ari J. Kodeck
Managing Director of PK Law as the recipient of
the J. Earle Plumhoff Professional Lawyer of the
Year Award. Mr. Zaharris received a standing
ovation and was gracious and humbled by the
honor. Look for a separate article on Mr. Zaharris
in this issue of The Advocate.
The evening’s Keynote Speaker was Kurt L.
Schmoke, former Baltimore Mayor and current
President of the University of Baltimore. In an
effort to weave history with current events, Mr.
Schmoke spoke on the origins of gerrymandering
and the need to give the choice to the voters to
elect a politician versus the politicians picking
their voters. And, to keep everyone in the audience
engaged, Mr. Schmoke gave regular updates on
the score of the University of Maryland men’s
basketball game against Iowa, which
coincidentally ended during his speech with a
Maryland win!
Following the ceremony, guests enjoyed a meal of
salad, filet and crab cakes, mashed potatoes, and a
deliciously dangerous piece of chocolate cake.
Guests were led to the hall for more cocktails and,
most importantly, prom pictures.
Continued on page 9
THE ADVOCATE Page 9 March 2016
A special thanks to BCBA Executive Director
Doris Barnes and Bar Staff Maxine Morrow and
Rachel Ruocco, for their hard work planning this
year’s Law Prom. We also appreciate the judicial
law clerks who volunteered their time, specifically,
Schyler Bailey (Judge Cavanaugh), Robert
Greenberg (Judge Ballou-Watts), Sean Gugerty
(Judge Bailey), Maria Surdokas (District Court)
and Alexander Walsh (Judge Jakubowski).
We look forward to an exciting second half of the
2015-16 Bar Year and of course, next year’s Law
Prom!
Please note: A link to the Prom
Pictures taken by Nate Brubaker of
Rock Shore Media have been posted to
the BCBA’s FaceBook page (https://
www.dropbox.com/
sh/9renlgc62ulw688/
AACzBtkaGg3mdfSjJB365pLJa?
dl=0).
You are encouraged to view,
download, print, share and enjoy!
ANNUAL BLACK-TIE BANQUET Continued from page 8
THE ADVOCATE Page 10 March 2016
ANNUAL BLACK-TIE BANQUET
THE ADVOCATE Page 11 March 2016
ANNUAL BLACK-TIE BANQUET
THE ADVOCATE Page 12 March 2016
The Baltimore County Bar Association awarded
one of its highest honors to Drake C. Zaharris, the
J. Earle Plumhoff Professionalism Award at the
Baltimore County Black-Tie Banquet on January
28th.
Mr. Zaharris, a graduate of Duke University and
Suffolk University Law School, has been an active
member of the Baltimore County Bar Association
serving the Bar in many different roles. Drake is
the Managing Director of Pessin Katz law firm.
Mr. Zaharris was Chair of the Baltimore County
Bar Association Bench/Bar Committee, is
currently serving as the Chair of Trial Courts
Judicial Nominating Commission for Baltimore
County, and was Past President on the Maryland
Association of Defense Trial Counsel. He was also
selected for inclusion in Super Lawyers 2009 to
2016.
Mr. Zaharris also serves on the Board of Trustees
of the Living Classroom Foundation. Drake has
tried cases in State and Federal Courts in
Maryland, the District of Columbia and other state
and Federal Courts.
The award was presented by Carolyn H. Thaler,
Chairperson of the Professionalism Committee of
the Baltimore County Bar Association.
DRAKE C. ZAHARRIS AWARDED PROFESSIONALISM AWARD by Carolyn H. Thaler
THE ADVOCATE Page 13 March 2016
TECHNOLOGY TIPS by Robert K. Erdman, Jr.
In early January, the 2016 edition of the Maryland State
Bar Association’s Lawyers’ Manual hit my desk, en-
cased, as it always is, in its snug, plastic sheathing. See-
ing the latest edition of the Lawyers’ Manual on my
desk reminded me of the end of my clerkship with Judge
Patrick Cavanaugh… completely random, but, allow me
to connect the dots.
In the early summer of 2006, I accepted an Associate
position with a small Towson firm. Later that summer,
Judge Cavanaugh called me into his chambers and asked
me if I knew whether I was going to be listed as an attor-
ney associated with the firm in the 2007 edition of the
Lawyers’ Manual.
I had no idea what the Lawyers’ Manual was, let alone
whether I was going to be listed as an attorney affiliated
with a firm. So… timidly… I asked what the Lawyers’
Manual was, and why inclusion in it was important.
The Judge told me that the manual was, essentially, a
compilation of the contact information for every attor-
ney in the State, and that if I was not listed in the 2007
edition, I could miss out on countless referrals and new
business for that year. He explained that it was one of
his most valuable resources as a practitioner. Judge
Cavanaugh said he used it for a variety of reasons, from
finding local counsel in jurisdictions where he did not
regularly practice, to looking for attorneys affiliated
with particular firms. Nervously, I heeded the Judge’s
advice, called the firm with whom I was to be associat-
ed, and confirmed that I would be listed for the upcom-
ing year.
This year, when I put the 2016 version of the Lawyers’
Manual on my bookshelf, I found the 2015 edition, right
where I put it this time last year… still in its shrink-
wrap.
The Lawyers’ Manual is no longer the valuable resource
it once was. Do not get me wrong, it still has value, es-
pecially when trying to contact government attorneys or
a particular judge’s chambers. But, the Internet has all
but replaced the manual. And, updating the advice
Judge Cavanaugh gave me 10 years ago – if you, or your
firm, do not have a web presence, you are losing busi-
ness. So, how to you maximize your web presence…
Start a website for your firm or your practice. –
Chances are you’re reading this very article on a laptop,
tablet or mobile device. Like it or not, being online vali-
dates your existence in the Internet age of practicing
law. Like Judge Cavanaugh’s implication – if I was not
in the Manual with my new firm, I, essentially did not
exist – the same holds true for having a website. If you
are not on the Internet, to many potential clients, you
don’t exist, or are not a viable option. Hire a profession-
al who is familiar with search engine optimization so
keywords are picked up by Google’s ever-changing al-
gorithms to drive potential clients to your site. Put your
picture of yourself up – a face with a name is always
reassuring. Tell the world a little bit about yourself.
Many people forget that attorneys are people too, so tell-
ing them a bit about your life outside the office can be
disarming and comforting. Also, don’t forget to make it
mobile-friendly.
Create a Facebook page for your firm or your prac-
tice. – There’s a reason why Mark Zuckerberg has a net
worth of $35.7 billion. In September 2014, Facebook
averaged 1.01 billion daily active users, with 894 mil-
lion mobile daily active users. Let that sink in. More
than 1 billion people used Facebook every day and ap-
proximately 90% of those users login on a mobile de-
vice. Starting a professional page is free and easy. You
can use it to post your latest accolades, and success sto-
ries. Plus, when your family and friends “like” your
page, their “friends” will see it on their respective activi-
ty feeds, instantly expanding your network.
Claim your free profile on Avvo. – Avvo.com is an
online legal services marketplace. Think of it like Yelp
meets TripAdvisor meets Match.com. Avvo recently
indicated that its goal is to broadly reach consumers who
may have a legal question or are looking to find their
lawyer. The company, which is led by former Expe-
dia.com executive Mark Britton, raised $71.5 million in
funding last year, and odds are you’ve seen one of their
ads, each ending with a voiceover which says “Nearly
half of us will need a lawyer this year. Find the right
one for you on Avvo.” In droves, consumers and pro-
spective clients are searching Avvo, and other similar
online legal services marketplaces, to research and vet
prospective attorneys. There are a variety of options
available to attorneys with Avvo, but you can create
your basic profile for free. By doing so, you are imme-
diately putting yourself (and your practice) in front of
segment of the population that is actively looking for
representation.
Until next time, I hope to see you online.
THE ADVOCATE Page 14 March 2016
Professional Office Space
In heart of Towson (Washington &
Chesapeake Avenues) available for sublet.
Use of conference room, waiting area,
internet, copier.
Contact [email protected]
410-828-4749
The Bench Bar Committee met on February 11, 2016
and several topics were discussed.
The Honorable Judge Kathleen Cox Reported that
changes to the Courts approach to the ever growing
number of Misdemeanor Jury Trial (MJT) prayers
and District court appeal cases will likely change by
late spring or early summer of this year. The Court is
seriously considering same day or next day circuit
court trails on MJTs with no civilian witnesses,
primarily traffic matters. A committee has been
assembled to review the matter, but it seems certain
that some changes will be made in an attempt to try
to keep the MJT dockets from further over whelming
the court house. Judge Cox will also begin reviewing
civil non domestic cases for special assignment.
Along with Richard Abbott she will review
requests made in writing, considering several factors
including; the number of experts, length of trial,
complexity of issues and whether multiple hearing or
pre-trial dates will be necessary. The aim is to
consider special assignment earlier in the litigation
process and avoid delay.
According to Judge Williams MDEC and Catonsville
renovations are on track for Fall of 2017. This
prompted Bruce Friedman to raise several concerns
with the MDEC system currently in place in A.A.
county which should be addressed before we roll out
the system here. It was suggested that the issues be
brought to the attention Judge Morrissey and it may
be that trouble shooting the current system flaws
could delay state wide implementation to 2018.
Tim Sheridan announced that Judge Keith Truffer
( who was officially sworn in to the Bench later that
day) will be assigned to Courtroom 7 and share
chambers with Judge Hanley on the third floor. It
was also noted by Judge Cox that no one has filed to
run against Judge Truffer or the sitting Judges in this
years upcoming elections.
Baltimore County States Attorney Scott
Shellenberger also commented on the MJT problem,
however it appears that the prospect of Baltimore
County Police officers wearing body cameras has
BENCH/BAR COMMITTEE REPORT by James A. Sorensen
become a much more consuming issue for his office. A
pilot program has already begun with 20 officers fitted
with body cameras, by July 2016 this could reach as
150 officers so equipped and the goal is that by 2018
over 1500 officers will be wearing the device. This will
cause huge issues for the States Attorneys’ Office
related to redaction of “confidential” information and
discovery. It was reported that the office may need 10
additional employees to deal with the matter. Welcome
to the future Scott. Lenny Shapiro, on behalf of the
defense bar, commented about that we can expect trial
date delays based on defense review of the material,
and that what is “confidential” and what is
discoverable under the Constitution will surely be
challenged.
Judge Ballou-Watts the BCBA President was praised
for the success of the of the Bar Banquet. A wonderful
time was had by all and the key note speaker Kurt
Schmoke was a big hit.
Lastly we were reminded by Julie Landau that Wines
Around the World will be held at Notre Dame Prep on
March 10 2016, and by Sandy Steeves that the Young
Lawyers Bull Roast is on April 3, 2016. Both events
will raise money for our BCBA designated charity,
Itineris and your support is encouraged. The meeting
was adjourned with just enough time to finish my
coffee and get to collateral criminal court appearance
down the hall.
THE ADVOCATE Page 15 March 2016
Baltimore County Bar Association
Group Admission to the
Supreme Court of the United States
April 26, 2016
The Baltimore County Bar Association is coordinating a Group Admission to the Supreme Court of the
United States on Tuesday, April 26, 2016. We will leave Towson, via coach bus, promptly at 6:30 a.m. and
return at approximately 4:30 p.m. All applicants and their guest must take the bus to Washington, D.C. in
order to participate.
This trip is available for Baltimore County Bar Association members only. Fee, payable to the Baltimore
County Bar Association, is $400 per applicant, and $50 additional fee for one guest per applicant. The trip fee
includes the $200 application fee which will be paid to SCOTUS, transportation, and a catered breakfast upon
arrival at SCOTUS.
Please use the links provided below for complete information on the application process. As this trip is
limited to 12 individuals to be admitted (and one guest each), applications will be accepted on a first-come,
first-serve basis. Inasmuch as the applications and fees must be submitted and approved by SCOTUS several
weeks before April 26th, it is not possible to accommodate any “wait list” applicants. Please note, all fees are
NON-REFUNDABLE. Completed applications, Certificate in Good Standing, and fees are due in the Bar
Office no later than March 21, 2016, for timely delivery to SCOTUS.
Small Group Admissions—Argument Days Bar Admission Instructions
Application Visitors’ Guide to Oral Arguments
THE ADVOCATE Page 16 March 2016
HISTORICAL PERSPECTIVES by Jeffrey R. Scholnick
Justice “Tailored” from a Simpler Era in Baltimore
County Legal History.
Judges Frank Duncan and Charles Burke had a lot in
common in their long illustrious careers in Baltimore
County. They each served on the Circuit Court bench for
an astounding 31 years (Duncan from 1905 through
1936 and Burke from 1889 through 1920.) They both
were Presidents of the Maryland State Bar Association
(Burke from 1914- 1915 and Duncan from 1938- 1939.)
Each served as Baltimore County State’s Attorney for
six years (Burke from 1883 through
1889 and Duncan, immediately
after him, from 1889 until 1895.)
So, it is only appropriate that Judge
James F. Schneider’s wonderful
book “A Century of Striving for
Justice: The Maryland State Bar
Association 1896-
1996,” (Published by the MSBA,
1996), would include a timeless
entry by Judge Duncan about an
incident when he, as State’s
Attorney, appeared before Judge
Burke.
Judge Duncan, addressing the
MSBA during his presidency, gave
a speech revisiting the rough nature
of an earlier era in Baltimore
County’s legal system:
At one time during my term as
State’s Attorney we had a great
amount of trouble with tramps.
They had a camp in the woods
and would go from door to door seeking provisions. And
there were a number of [breakings and enterings] of
chicken roosts and even dwellings. Among the victims
was Judge N. Charles Burke, at that time Associate
Judge of the Court. His house
was entered and several boxes of cigars, some bottled
goods, and a pair of trousers were taken. There was so
much complaint
of these depredations that there was a general roundup of
these undesirables. We secured indictments against
about
twenty of them and on the day of trial they were seated
in a semi-circle that reached nearly across the courtroom.
They employed Mr. William Grason of our Bar to
defend them. [At that time, one defense attorney
could represent all of the Defendants! Note by JRS].
They elected to be tried before the Court. After I made
my opening statement, Judge Burke called me to the
Bench and said, “Frank, look at that rascal, the third
from the right, he has on my trousers.” I looked
and recognized the pair that I had seen the Judge
wear. I said: “Wait a minute Judge, I think I can
shorten this case.” So I went to Mr. Grason and told
him what the Judge had
discovered. He went to the
leader of the bunch and
talked to him and then
addressing the Court said,
“Your Honor, my clients
wish to withdraw their plea of
not guilty and plead guilty
and ask for the clemency of
the Court.”
They all went to the House of
Correction and, although that
has been a long time ago, I do
not think we have had a
tramp case since. (emphasis
added.)
Now, I ask, wouldn’t Judges
Burke and Duncan both agree
that they had administered
justice “tailored” to the
circumstances of the case?
Thank you to Judge Schneider for allowing me to
reproduce this priceless story.
Given the humorous nature of that story, I am
including caricatures of each Judge and attorney
William Grason from the delightful book, Judge T.
Scott Offutt and Elmer Haile, “Baltimore County- Its
History, Progress and Opportunities” (Jeffersonian
Publishing Co, 1916.) These portraits succeed in
capturing the essence of these men while reminding us
of the fact that they lived in a far simpler world.
THE ADVOCATE Page 17 March 2016
Greetings! The members of the Baltimore County
Council are grateful for the opportunity to update
the County Bar on the activities of our County’s
legislative body. Your seven member County
Council serves as the independent Legislative
Branch of County government. The Council meets
year-round, generally in bi-monthly Legislative
Sessions (held at night) and bi-monthly Work
Sessions (held during the day). All proceedings
are open to the public, and the Legislative Session
is broadcast on BCTV (Comcast & Verizon
channel 25). The Council’s Website at
www.baltimorecountycouncil.org provides helpful
information as well.
At its February 1, 2016 Legislative Session, the
Council approved Bill 1-16 – Human Relations –
Veterans. Current law prohibits discrimination on
the basis of a person’s race, creed, religion, color,
sex, age, national origin, marital status, sexual
orientation, gender identity or expression, or
physical or mental disability, in the areas of: (1)
Housing, (2) Employment, (3) Education, (4)
Public accommodation, or (5) Financing. Bill 1-
16 adds the classification of “status as a veteran”
to the protected class of persons to which
discrimination is prohibited. The Bill also allows
for a “veterans preference” in the area of housing,
so as not to prohibit a person from providing
preferences in the sale, rental, or occupancy of
dwellings or other facilities to a veteran and the
household of which the veteran is a member, to the
extent such preferences are authorized by state and
federal law.
At its February 16, 2016 Legislative Session, the
Council approved several appointments and re-
appointments. First, the Council confirmed the
appointments of Cecily Bedwell, Matt D’Amico,
and Nicole Brooks to the Design Review Panel
(“DRP”). As the land use practitioners are aware,
the DRP was established to encourage design
excellence through the application of design
guidelines contained in the Master Plan, the
Comprehensive Manual of Development Policies,
COUNTY COUNCIL UPDATE by Thomas H. Bostwick
adopted community
plans, and Section 260 of
the Zoning Regulations
as applicable. The
DRP’s general charge is
to assess the overall quality of a project. Its members
act in a technical consulting capacity and the
recommendations are binding on a Hearing Officer
and County agencies. The DRP reviews plans for
designated commercial and residential review areas.
In addition, the Council confirmed the re-appointment
of Sylvester G. Bieler, Betty Tucker-Sabb, and
Julianne M. Uehlinger to the Adult Public
Guardianship Review Board. This Review Board
conducts semi-annual reviews by evaluating the
health status and welfare of Baltimore County
residents whose guardianship is held by a public
agency and makes advisory recommendations to the
Court to continue, modify, or terminate the
guardianship.
The County Council offers it sincerest congratulations
on these appointments and re-appointments.
A s s o c i a t e At t o r n e y
Multi-disciplined Columbia and Annapolis based
law firm is seeking a transactional attorney with 3 –
5 years experience in following practice
areas: Retail leasing; land, asset and entity sales and
acquisition; real estate and asset financing; entity and
JV organization; drafting and negotiating a variety of
corporate, transactional, and disclosure documents;
experience with compliance and risk management
issues. Salary commensurate with experience.
Candidates should send resumes to
THE ADVOCATE Page 18 March 2016
On February 11, 2016, Keith Richard Truffer was
sworn in as an Associate Judge of the Circuit Court
for Baltimore County. In attendance were members
of the judiciary, representatives of state and local bar
associations, professional colleagues, friends, and
family.
The theme of the day was Judge Truffer commitment
to professionalism and his profound respect for the
law. Each of the speakers who participated in the
investiture returned time and again to this central
tenant of Judge Truffer’s career and character.
Judge Truffer began his legal career as a law clerk to
the Hon. John E. Raine, Jr. in the very same
courthouse where he will now sit as Judge, and many
of the speakers recalled fondly memories from that
time. Robert L. Handley, Jr., who spoke in support
of the motion for Judge Truffer’s investiture, spoke
of first meeting Judge Truffer thirty five years ago
when he clerked for the Hon. William R. Buchanan,
Sr., who shared chambers with Judge Raine.
Likewise, the Hon. John J. Nagle III, who also
clerked for Judge Buchanan and spoke on behalf the
bench, recalled fondly his time as a law clerk with
Judge Truffer. Both described how these experiences
were the beginning of lifelong professional and
personal friendships, and both spoke to Judge
Truffer’s unwavering commitment to the law
throughout that time.
INVESTITURE OF HON. KEITH R. TRUFFER by James L. Shea, Jr.
Judge Truffer took that same drive and dedication to
the practice of law. Thomas F. McDonough, a
colleague of Judge Truffer’s at Royston, Mueller,
McLean & Reid, LLP for over thirty years, spoke in
support of Judge Truffer’s investiture, and recounted
Judge Truffer’s first interview, and, even at that early
stage, how Judge’s Truffer sincerity and commitment
to the practice of the law shone through. Over the
next thirty years, Mr. McDonough recalled, that
drive was consistently on display, whether in honing
his litigation skills under Richard “Dick” Reid (a
senior partner at the firm), representing his clients,
dealing fairly with opposing counsel, or engaging in
the legal community.
In addition to professional friends and colleagues,
Judge Truffer received the full support of both state
and local bar associations. The Hon. Pamila J.
Brown, president of the Maryland State Bar
Association, spoke in support of Judge Truffer’s
investiture, and told of her experiences meeting
Judge Truffer as part of his work with the MSBA,
highlighting the dedication and professionalism with
which Judge Truffer undertook all of those
responsibilities. The Hon. Vicki Ballou-Watts,
president of the Baltimore County Bar Association,
echoed these same sentiments, highlighting Judge
Truffer’s work on the Executive Council of the
BCBA and his commitment to working together with
his peers.
THE ADVOCATE Page 19 March 2016
INVESTITURE OF HON. KEITH R. TRUFFER Continued from page 18
THE ADVOCATE Page 20 March 2016
INVESTITURE OF HON. KEITH R. TRUFFER Continued from page 18
In keeping with Baltimore County tradition, Judge
Truffer was presented with his judicial robe by
Judge Ballou-Watts, following the commission
from the Governor and taking the oath of office.
Escorted by his mother, Alice Truffer, and his
wife, Beth Truffer, Judge Truffer took the bench
for the first time. Judge Truffer then thanked the
assembled crowd, recognizing the family, friends,
and colleagues that had been instrumental in his
journey to this point in his career, both those in
attendance and those that could not be there.
In an ironic twist, Judge Truffer recognized that he
would soon be occupying the very same chambers
where he began his career as a law clerk. In many
ways, Judge Truffer’s career has come full circle, a
fact recognized by Judge Nagle when granting the
motion for Judge Truffer’s investiture. Symbolic
of this path, Judge Truffer concluded the
proceedings by using, for the first time, a gavel
given to him by his aunt when he first past the bar
exam.
THE ADVOCATE Page 21 March 2016
INVESTITURE OF HON. KEITH R. TRUFFER Continued from page 20
Following the ceremony, the attendees and other friends, family,
and colleagues gathered at Café Troia to celebrate the next stage
of Judge Truffer’s career. The reception allowed the guests to
share the same sentiments as those expressed by each of the
speakers at the investiture, sharing memories of cases tried,
clients helped, and the law improved. Throughout each story,
the positive impact Judge Truffer has had, through his
professionalism and commitment to the law, shines through. As
Judge Truffer takes on the responsibility of judgeship, those
same qualities are sure to guide him as he continues to leave an
indelible mark on Baltimore County and beyond.
THE ADVOCATE Page 22 March 2016
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.
Family Law Paralegal Independent Contractor
Paralegal AA & BS Degrees w/23 years experience
All services provided at my office, or your office. Available 7 days/week
All aspects of Discovery Process, Case Management, Drafting, etc.
Overflow work, or temp relief available..
Contact Tammy Daily, [email protected], 410-409-7541
The BCBA-designated charity for 2015-2016
THE ADVOCATE Page 23 March 2016
Upcoming Events
March 10 Wines Around The World
April 3 YL Bull & Oyster Roast
April 26 Supreme Court Admission
June 2 Golf Tournament
Members On The Move
J. Calvin Jenkins, Jr.
409 Washington Avenue, Suite 610
Towson, MD 21204
410-296-6822
J. Neil Lanzi
Wright, Constable & Skeen
102 West Pennsylvania Avenue, Suite 406
443-991-5917
Rachel E. Murray Letourneau
606 Baltimore Avenue, Suite 402
Towson, MD 21204
410-296-0685
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 24 March 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
THE ADVOCATE Page 25 March 2016
THE ADVOCATE Page 26 March 2016
Your help is needed in assisting the Foundation in
funding the portraits of several deceased Circuit
Court Judges. The Baltimore County Bar
Foundation exists as an independent charitable
organization with missions to foster and maintain
the honor and integrity of the profession of the law;
to improve and to facilitate the administration of
justice; to enhance and improve the image of
lawyers; and to promote the study of the law and
research therein, and the diffusion of knowledge
thereof.
A few years ago a request was made to the
Foundation to act to provide for those wishing to
donate funds in order to honor deceased members
of the circuit court judiciary by having their
portraits made and placed in the court house. The
Foundation board believed that this was an
appropriate task under its charter. To date, funds
have been donated in varying amounts for portraits
of Judges Jenifer, Brannan, Hinkle, and Jacobson.
Judge Buchanan’s portrait was fully funded by his
family. Other portraits have been funded privately.
Unfortunately, although each portrait costs a very
reasonable $4,100, the funding has not gone as
hoped, possibly because the pool of attorneys
familiar with the deceased jurists has grown smaller
with the passing of time. Judges Jenifer and
Brannan, for example, both passed away decades
ago. Consequently, the Foundation is in need of
funds in order to cover the cost of completion of the
portraits. A gift of any size would be appreciated,
and would be tax deductible. At this point the
Foundation owes $16,400 for the portraits
commissioned, and less than a third of that has been
received.
We believe that the traditions initiated in Courtroom
Five are important in establishing the continuity of
the bar and the role of these individuals in the
history of the county. We appreciate any
consideration you might give to this appeal.
BAR FOUNDATION REPORT -
JUDICIAL PORTRAITS by John B. Gontrum
Protect your personal and organization’s
photographs forever. Guarantee they will be in a
retrievable format 10, 20, 50+ years from today.
The “free” services are a gamble not worth
taking, since they own your photographs, and
can remove them at any time. What would you
do if you logged on, only to find them all gone?!
Email [email protected] for more
information on how to protect your legacy.
THE ADVOCATE Page 27 March 2016
THE ADVOCATE Page 28 March 2016
PLEASE register me for the following programs/events:
Registration Fee:
Member Non-Member March 3, SLLZ: A View From The Hill $60 $65
March 8, RPC: Closings, Settlements, e-Filing Deeds $0 $20
March 8, SSF: Court Reporter Services $0 $20
March 10, Wines Around The World $50 $50
March 16, FL: Social Media: Evidentiary Issues $0 $20
March 16, YL: What Business Leaders Look For When
Retaining Legal Counsel $0 $20
March 21, Tech: Is This Thing On? $0 $20
March 22, E&T: Guardianships $0 $20
March 23, Membership: UB Scotch Tasting $0 Members Only
March 24, FL: Deviation from Child Support Guidelines $0 $20
March 30, Crim: Mental Health Issues $0 $20
March 31, ADR: Changes, Changes, Changes $10 $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 29 March 2016
THE ADVOCATE Page 30 March 2016
Professional Office Space
In heart of Towson (Washington &
Chesapeake Avenues) available for sublet.
Use of conference room, waiting area,
internet, copier.
Contact [email protected]
410-828-4749
The 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 31 March 2016
THE ADVOCATE Page 32 March 2016
CRIMINAL LAW UPDATE by Robert C. Lidston
The January Amicus features two Court of Appeals
decisions and one Court of Special Appeals decision
which may be useful to practitioners.
Williams v. State, No. 9, September Term 2015,
filed December 18, 2015 (opinion by Battaglia, J.).
Williams was arrested in connection with a murder
investigation and during an interview with police
stated several times, "I don’t know what’s going
on." Officers explained to him that before speaking
with him about the matter they would have to
provide him with his Miranda rights and that he did
not have to talk to them. Williams said "I don’t
know" seven times in one way or another, while the
officers explained the Miranda procedure. When he
was told by police that they were required to go
through the formality of reading the Miranda rights,
Williams said, "I don’t want to say nothing. I don’t
know." The rights were then read to him and
Williams signed an Advice of Rights form. While
questioning him, police described two scenarios,
one of which included a premeditated murder and
the other a "robbery gone bad" situation. They urged
Williams to explain what had happened. Williams
confessed to the robbery and murder.
Prior to trial, he moved to suppress his confession,
arguing that he had invoked his right to silence
when he said, "I don’t want to say nothing. I don’t
know." The trial judge denied the motion, deciding
that the statement was ambiguous and equivocal.
Williams was convicted and sentenced to life
imprisonment for first degree murder.
Williams appealed his conviction to the Court of
Special Appeals, which affirmed the trial court’s
decision. COSA opined that the addition of "I don’t
know" to Williams’s statement, "I don’t want to say
nothing," made the statement ambiguous. COSA
also decided that the police did not make any
improper promises or inducements and that
Williams’s confession was not involuntary.
The Court of Appeals affirmed. It agreed that
Williams’s alleged invocation of his right to remain
silent by saying, "I don’t want to say nothing. I
don’t know," was ambiguous and that his confession
was voluntary. The essential inquiry to determine
whether a suspect has invoked the right to remain
silent is whether the invocation is clear or
ambiguous. The Court believed that Williams’s
statement could have been him weighing his options
about wanting to talk or not knowing whether to
talk. The Court decided that the "I don’t know"
following "I don’t want to say nothing" created
ambiguity as to whether Williams wanted to invoke
his right to remain silent.
It further held that his confession was not the result
of an improper inducement. It cited Ball v. State,
347 Md. 156, 699 A.2d 1170 (1997) in saying that,
"An appeal to the inner psychological pressure of
conscience to tell the truth does not constitute
coercion in the legal sense." Therefore, police
offering an explanation of the meditated murder
versus a "robbery gone bad" scenario amounted only
Continued on page 33
THE ADVOCATE Page 33 March 2016
CRIMINAL LAW UPDATE Continued from page 32
to two different ways of characterizing a situation,
rather than an inducement.
Meyer v. State, No. 21, and State v. Rivera, No. 22,
September Term 2015, filed December 22, 2015
(opinion by Greene, J.). Meyer did not contest two
counts of manslaughter by motor vehicle and was
sentenced to fourteen years in jail with seven of
those years suspended, and three years of
unsupervised probation. As a special condition of
the probation, he was not to operate a motor vehicle
in Maryland. During his period of probation, Meyer
obtained a Maryland driver’s license and, while still
on probation, received speeding and failure to use
headlights citations. This resulted in his being
charged with violating a special condition of his
probation. He was found to have done so.
Subsequently, he filed a Motion to Correct an Illegal
Sentence. He argued that under Maryland Rule 4-
345(a), the condition prohibiting him from driving
in Maryland was illegal. The trial court denied his
motion and he appealed to the Court of Special
Appeals. Before COSA took up the matter, The
Court of Appeals granted cert.
The Court consolidated the Meyer matter, for the
purposes of its opinion, with that of a Ms. Rivera.
Ms. Rivera had been charged after she drove
aggressively and twice swerved her vehicle towards
a group of bicyclists. A bicyclist fell off the bicycle
on impact and was hurt. Rivera was found guilty of
two counts of second degree assault and one count
of failure to remain at the scene. She received a PBJ
with a special condition that she not drive a motor
vehicle for one year or "until the MVA permits her
to drive, whichever is later in time." She appealed
this condition to the Court of Special Appeals.
COSA cited Sheppard v. State, 344 Md. 143, 685
A.2d 1176 (1996) to say that the trial court abused
its discretion by imposing the no-driving condition.
The Court affirmed the trial court’s decision in
Meyer, and reversed the COSA decision in Rivera.
It decided that the Sheppard Court erred when it
held that the enactment of the Transportation Article
preempted the Judiciary from imposing a no-driving
condition. That Article gives the MVA power to
regulate the issuance of a driver’s license as well as
suspensions, revocations and reinstatements.
However, the language of the statute does not
suggest or expressly restrict the broad discretion of a
sentencing judge to place restrictions on one’s
driving privileges as a condition of probation.
The Sheppard Court had erred by implying that the
legislature intended to curtail the Judiciary in this
area. The Executive and the Judiciary branches
share authority to regulate driving privileges, but
only the Executive branch has the authority to issue,
suspend, revoke and reinstate a driver’s license. The
Judiciary, though, has the discretion, where
appropriate, to restrict a defendant’s conduct, which
includes prohibiting the operation of a motor vehicle
as a condition of probation. Both branches may
make decisions that adversely effect an individual’s
driving privileges.
The no-driving conditions of probation imposed on
Meyer and Rivera were reasonably related to their
convictions. The imposition of the no-driving
condition of probation was neither an abuse of
discretion nor a violation of the separation of
powers doctrine. The imposition of such a condition
is not an illegal sentence within the meaning of Rule
4-345(a). That subsection is an exception to the
general rule of finality and is "limited to those
situations in which the illegality inheres in the
sentence itself" which occur when "there either has
been no conviction warranting any sentence for the
particular offense or the sentence is not a permitted
one for the conviction upon which it was imposed."
Chaney v. State, 397 Md. 466, 918 A.2d 510 (2007).
Lindsey v. State, No. 146, Srptember Term 2015,
filed December 16, 2015 (opinion by Hotten, J.).
The trial court issued a search warrant for Lindsey’s
apartment based on an affidavit containing
information from confidential informants who
alleged that heroin was located in his apartment and
on information provided by an acquaintance that
Lindsey was engaged in drug-related activities.
Continued on page 34
THE ADVOCATE Page 34 March 2016
CRIMINAL LAW UPDATE Continued from page 33
Additional information was cited that police had
discovered during an investigation in which Lindsey
was a target.
When the police arrived at Lindsey’s apartment to
search, a K-9 dog alerted in the area in front of his
apartment door. Police also encountered Lindsey in
the hallway of the apartment building and eventually
discovered large quantities of heroin and drug
paraphernalia within the apartment.
Lindsey was indicted for possession with intent and
other charges. He filed a suppression motion,
challenging the probable cause for the search
warrant. After an extensive hearing, the trial court
denied his motion. Lindsey entered a conditional
guilty plea and was sentenced to incarceration.
Afterward, he noted a timely appeal to the Court of
Special Appeals.
COSA affirmed his conviction. It found that there
was a substantial basis for probable cause to issue
the warrant and that they K-9 dog alert in front of the
appellant’s door was in an area that was not curtilage
and did not violate the Fourth Amendment rights.
COSA said that the affidavit contained several
objective facts from which the trial judge could
reasonably conclude that there was probable cause to
search the apartment. The officer who authored the
affidavit reasonably believed that the averments
therein were related to Lindsey’s present and
continuing violation of the law and that the evidence
sought would likely be found in the apartment.
COSA also found that Lindsey failed to demonstrate
that the area in front of his apartment door was
curtilage. Thus, the Fourth Amendment protection
was not warranted. Maryland courts consider four
factors in defining curtilage: (1) the proximity of the
area claimed to be curtilage to the home; (2) whether
the area is included within an enclosure surrounding
the home; (3) the nature of the uses to which the area
is put; and (4) the steps taken by the resident to
protect the area from observation by people passing
by. Although the hallway in front of the apartment
door was in close proximity of the apartment,
COSA decided that Lindsey had not demonstrated
that the circumstances satisfied all of those four
factors.
The area within the apartment building was secured
by a lock and a buzzer system. Whether entry into
the building was, in fact, secure could not be
determined because it was unclear how the
detectives gained entry into the building.
Additionally, Lindsey’s arguments never
established that he maintained exclusive control of
the area in question. In general, the common areas,
such as hallways, of a multi-unit apartment building
are not areas in which a tenant has exclusive
control.
THE ADVOCATE Page 35 March 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 36 March 2016
ADR Committee March 31, 2016, 5 p.m.
Changes, Changes, Changes
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.
March 30, 2016, Mental Health Issues
April 13, 2016, Cars, Cops & Stops
June 8, 2016
Entertainment Committee March 10, 2016, Wines Around The
World, 6-9 p.m., NDP, see pg. 7.
April 26, 2016, Supreme Court Group
Admission. See pg. 17.
April 30, 2016, Hillwood Estate Tea and
Garden Tour, Washington, D.C.
June 2, 2016, Golf Tournament
Estates & Trusts Committee Mezzanine 08, 5 p.m.
March 22, 2016, Guardianships
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.
March 16, 2016, Social Media
March 24, 2016, Deviation from the
Child Support Guidelines
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:
March 3, 2016, 5 pm
April 5, 2016, 5 pm
All meetings will be held in Mezzanine 08
Membership & Admissions Committee
March 23, 2016, 4:30 p.m., Scotch
Tasting at UB Law
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
Committee Programs
THE ADVOCATE Page 37 March 2016
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
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
Solo & Small Firm Committee Grand Jury Room, 12 p.m.
March 8, 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
March 21, 2016, 5 p.m., Is This Thing
On?
April 11, 2016, 5 p.m., Communication:
That’s the Magic Word
Young Lawyers Committee March 16, 2016, 5 p.m., Mezzanine 08,
What Business Leaders Look for When
Retaining Legal Counsel.
Happy Hour at CVP, Towson, immediately
following program
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.
THE ADVOCATE Page 38 March 2016
Signature Sponsors
The Baltimore County
Bar Association
continues its Signature
Sponsor program,
which enhances the
opportunities for our
sponsors, as well as our
members. This single-
tier program provides
more engagement
between our sponsors
and our members. Each
Signature Sponsor will
host one of teb
signature events held
throughout the year, thereby reducing the cost of the
event for members, and many other added benefits.
Sponsorships help the Bar Association maintain its
current dues level, despite the increasing costs of
providing top-shelf legal education programs, social
events, networking opportunities and Bar Office
services available in the County Courts Building. If
you know of a business that would be interested in
one of these limited sponsorship opportunities,
please contact Doris Barnes ([email protected] or 410
-337-9103).
Please join us in welcoming these sponsors and
consider their services when you need them. Their
ads are throughout each issue of The Advocate, and
can be located quickly using the index at the end of
the issue, and by the gold ribbon that accompanies
their ad. Please let them know you appreciate their
support. Thank you!
Custom order your string-art plaque from
Itineris, and know that you are helping an
adult with autism remain relevant and
confident that they, too, have something to
contribute! Contact the Bar Office for more
information.
LAWYER IN THE LOBBY CLINIC
The attorneys listed below have volunteered to staff
the LAWYER IN THE LOBBY CLINIC, which is held
the second Wednesday of each month, 4:30 to 6:30
p.m. This is an opportunity for citizens of
Baltimore County to meet, free of charge, with an
attorney for advice and/or referral or both
(including self-referral) in the areas of collections,
bankruptcy, landlord/tenant matters, contract,
warranties and other consumer matters, wills,
probate, advance directives, or small claims
actions.
If you are interested in staffing the Clinic, please
call Rachel M. Ruocco at 410-337-9100 or email
Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher
Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts
THE ADVOCATE Page 39 March 2016
THE ADVOCATE Page 40 March 2016
The Baltimore County Bar Association 100 County Courts Building
401 Bosley Avenue
Towson, MD 21204-4491
410-337-9103-Telephone
410-823-3418-Facsimile
www.bcba.org
MEMBER ADVERTISEMENTS
Towson. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in
top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking
Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on
individual needs. Contact Adam at 410-823-5003 or [email protected].
Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference
rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just
off Red Run Blvd., near I-795. Contact Andy Hermann at [email protected] or 410-998-1198.
Towson. Office space available in a small law firm, perfect for a solo practitioner. Approximate size is 20x15.
Furnished office, and comes with desk, credenza and book cases. Use of conference room, waiting room and utilities.
Free parking. Rent $650/month. Call 410-321-8368 or email Stephen Dunn at [email protected].
Towson. Small criminal defense law firm (Spencer Gordon) seeking subtenant for our office at Courthouse Commons,
222 Bosley Avenue, Suite B7. One block from Circuit Courthouse; 15’ x 13.5’ room. Administrative/legal assistant
support available. Free parking. Seeking easy-going individual. Financial arrangements negotiable. Call 410-296-2555
or email [email protected].
Funding for the March 2016 issue of The Advocate was possible through the
generosity of the following:
Law Offices of Peter G. Angelos
Bodie, Dolina, Hobbs, Grenzer & Friddell, P.C.
Levin & Gann, P.A.
Law Offices of Matt M. Paavola, P.A.
