Newsletter of The Baltimore County Bar Association · Wendy A. Meadows Cecilia B. Paizs Michael W. Siri Keith R. Truffer The Advocate is a monthly publication of the Baltimore County

THE ADVOCATE Page 1 July/August 2012

As I reflect on my 29 years of

membership in the Baltimore

County Bar Association, I am

struck not only by the remarkable

growth of the Association, but also

by its ability to maintain the

intimacy and collegiality that

existed when I first joined.

Back in 1983 when I marked my

fifth year as an Assistant State’s

Attorney, a colleague persuaded

me to join the BCBA primarily so I

could attend what was described as

a fantastic black tie affair in

January otherwise then known as

the “Monday Night Fights”.

During my first Bar Banquet at the

Green Spring Inn, I found myself

among a very close knit group of

judges and attorneys who

welcomed me with open arms.

During the evening I was regaled

with war stories by a cast of

impressive and colorful characters.

I watched in utter amazement as

Joe Pokorny entered the ladies

room! My eyes got even wider

when, after he finished, the guest

speaker was pelted by dinner rolls

hurled by numerous judges and

lawyers. I thought to myself

“WOW, these people really know

how to have a great time.” When

it was time to leave I was urged to

join a rather large group who

advised that it was tradition to

descend upon Richard McAllister

Sr.’s home to continue to imbibe,

shoot pool and tell war stories

until the sun came up.

As I became more active in the

Association, I marveled at what a

great organization it was. There

were so many in the legal

profession committed to making

this a great bar association. It

truly felt like an extended family.

Since those early days, the BCBA

has steadily grown to the point

where presently its members

THE ADVOCATE

Newsletter of The Baltimore County Bar Association

Inside This Edition

Advertisers Index Pg 31

Calendar of Events Pg 3

Committee Reports Pg 22

Completely-e-Legal Pg 6

County Council Update Pg 18

Court Notice (District) Pg 2

Criminal Law Update Pg 28

Family Law Programs Pg 10

Golf Outing Success Pg 14

Historical Committee Pg 13

Lawyer Assistance Pg 19

Leadership Luncheon Pg 11

Member News Pg 16

Past Presidents Dinner Pg 12

Pro Bono Nominations Pg 10

Welcome New Members Pg 17

Young Lawyers/E&T Pg 5

PRESIDENT’S MESSAGE

by Robert W. Lazzaro

VOLUME XXII, NO. 1 July/August 2012

Continued on page 2



Continued from page 1

number 1,700. The Banquet had to be moved to a

much larger venue, not only due to the increased

size of the Association, but also because an

insightful President and Executive Counsel saw fit

to open the Banquet to members of the legal

profession in the entire State of Maryland. Every

year I see judges and lawyers from many other

counties and Baltimore City. So popular is the

Banquet that one lawyer who relocated to

California some time ago flies back each year so

she can attend. The beautiful thing is that our Bar

Association is the only one in the country that

holds an annual event of this kind. Bar leaders from

around the country who convened in Chicago

recently were amazed when they learned of our

annual black tie event (now referred to as “The

Prom”).

COURT NOTICE JUDGE ALEXANDRA N. WILLIAMS

Administrative Judge for the District Court of

Maryland for Baltimore County

We have seen the need to change how we handle

video bail reviews in the Baltimore County District

Court. Therefore, starting on Monday, June 4, 2012,

and continuing on Mondays only, bail reviews will

be handled in the Towson and Essex District

Courts. Towson will handle all Towson and

Catonsville location cases, any case requiring an

interpreter, fugitive cases and any out-of-county

cases. Essex will review Essex cases only, other

than those previously mentioned. The Public

Defender's Office will be staffing bail reviews

from the Baltimore County Detention Center,

which currently has two separate rooms ready for

use. We stress to you that bail reviews will be split

on Mondays only. During the remainder of the

week, all reviews will be heard in Towson. There

will be some Monday holidays which may

requiring splitting reviews, but we will advise

accordingly. Continued on page 4 ...


CALENDAR OF EVENTS

July 2012

2 Advocate Committee Planning Meeting, 4:30 p.m., Grand Jury Room

4 COURTS and BAR OFFICE CLOSED in observance of Independence Day

9 Entertainment Committee Planning Meeting, 5 p.m., Charles Village Pub

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

10 Professionalism Committee Meeting, 5:15 p.m., Grand Jury Room

11 Technology Committee (Virtual) Planning Meeting, Noon

11 Committee Leadership Meeting, 4:30 p.m., Ceremonial Courtroom No. 5

12 Solo & Small Firm Committee Lunch - East, 12:30 p.m., Mo’s Seafood

12 Family Law Committee Planning Meeting, 4:30 p.m., Grand Jury Room

16 LRIS Committee Planning Meeting, 4:30 p.m., Grand Jury Room

17 Solo & Small Firm Committee Planning Meeting, noon, 7 West Bistro

17 CLE Committee Planning Meeting, 4:30 p.m., Grand Jury Room

18 Law Day Committee Planning Meeting, Noon, Bowie & Jensen

18 ADR Committee Planning Meeting, 4:30 p.m., Grand Jury Room

18 Real Property Committee Planning Meeting, 4:30 p.m., Jury Assembly

19 Estates & Trusts Committee Planning Meeting, 5 p.m., Grand Jury Room

23 Memorial Committee Planning Meeting, 4:30 p.m., Grand Jury Room

25 Solo & Small Firm Committee Lunch - Northwest, 1 p.m., Harryman House

25 State, Local Laws & Zoning: Doing More With Less, 5 p.m., CCMd ☺

26 Negligence, Insurance & WC Committee Planning Meeting, 4:30 p.m., GJR

30 Public Awareness & Speakers Committee Planning Mtg, 4:30 p.m., GJR

* The Bench/Bar Committee does NOT meet in July or August *

August 2012

16 Young Lawyers Committee Planning Meeting, 5 p.m., Grand Jury Room

21 Solo & Small Firm Committee Planning Meeting, noon, 7 West Bistro

21 Membership Committee Planning Meeting, 4:30 p.m., Grand Jury Room

22 Solo & Small Firm Committee Lunch - Northwest, 1 p.m., Harryman House

2011-12 Officers

President Robert W. Lazzaro

Pres-Elect Philip N. Tirabassi

Secretary T. Wray McCurdy

Treasurer Vicki Ballou -Watts

Executive Council Robert J. Thompson

Adam T. Sampson Keith R. Truffer

Rebecca A. Fleming

Michael W. Siri Jay D. Miller

Edward J. Gilliss,

Immediate Past President

Jonathan M. Herbst, YL Chair

The Advocate Catherine F. Woods

Matthew P. Woods

Editors

Doris D. Barnes

Thomas S. Basham

Associate Editors

Contributing Writers Alice L. Arcieri

Master Terri Beck

Kathy M. Blue

Kelly B. Burke

Robert K. Erdman Jr.

Rebecca A. Fleming

Stanford G. Gann Jr.

Robert C. Lidston

Wendy A. Meadows

Cecilia B. Paizs

Michael W. Siri

Keith R. Truffer

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 do not represent recommendation or endorsement by The Advocate. Publication deadline: 5th of the month preceding publication.

☺ Location is on the flyer included in this issue


Now available for:

Arbitration, Mediation,

Guided Settlement Discussions

JUDGE DANA M. LEVITZ

Former Senior Judge,

Circuit Court for Baltimore County,

Adjunct Faculty, U of B School of Law

410-456-4436

MPD LEGAL SERVICES Mike Daily

410-409-7168

[email protected]

Process Serving, Courier Services, Court Filings

Attempt to serve made within 24 hours


Continued from page 2

But the growth of the Association, its increased

activities, the impact of the internet and social

networking have not in any way detracted from the

same sense of intimacy which I felt during my

early years of membership. Although it has grown

tremendously, it still feels like a small tight knit

group of talented and dedicated members of the

legal profession. I suppose that is the key. A bar

association can only be as good as its members.

Well, we have been blessed with the finest

members a bar association could have. I am

constantly impressed with the zeal and dedication

of our committees and with the wonderful

programs they produce. Speaking of that, our

programs, from which we derive valuable

continuing legal education, have blossomed and

flourished over the years to the point where we

now hold more 150 a year.

The commitment of the members of the Executive

Council, most of have served as committee chairs,

vice chairs and members, is a tribute to the

Association and forms part of its uniqueness.

Once again, no other bar association in the country

has a 10 year term from becoming a member of the

Executive council to becoming President. A

decade is a very serious commitment length but

every year there is no shortage of applicants

willing to sacrifice their valuable time for the good

of the Association.

In recent years our Association has dedicated itself

to charitable and worthy causes. We have held

events to raise funds for such causes as ALC

research, the Good Sheppard Center, Habitat for

Humanity and many others. This year’s cause,

Alzheimer’s research, strikes particularly home

with me because my mother is in the middle stages

of the dreaded disease. We all are close to or have

known someone who has succumbed to this

growing national problem, which could soon

become an epidemic. I will be addressing this

further in future issues.

Finally, a great bar association must have a great

Executive Director and staff. Boy, are we blessed.

Doris, Rachael and Maxine keep this machine

running smoothly and efficiently. Without them

we would be lost.

I am humbled and honored to serve as your

President. I look forward to an exciting year. I

look forward to continuing to work with my

extended family!

Court Reporting Services Depositions - Hearings - Transcription

Randy K. Mackubin

RKM Reporting

410-790-1408

[email protected]

Since 1979


YOUNG LAWYERS - ESTATES & TRUSTS 101 by Robert K. Erdmann Jr.

On April 24, 2012, the Young Lawyers Committee sponsored a brown-bag lunch presentation called “Estate

Planning 101 – Trusts and Wills for the New Practitioner,” presented by Mary G. Loker. In addition to

providing invaluable advice and a template on how to draft simple wills and trusts, she handed out a

comprehensive Estate Planning Information worksheet that she uses during client intake in her own practice

during client intake. The tips and materials Ms. Loker provided during this presentation were very informative

and helped make this mini-seminar a success. The Young Lawyers Committee offers sincere thanks to Ms.

Loker for sharing her time and expertise.


HATS OFF TO THE ‘TOP DOGS’ OF THE FOUNDING FIRST

June marked the one-year

anniversary of the

FOUNDING FIRST 100

PROGRAM that was

introduced by the Baltimore

County Bar Association in

2011.

More than 100 BCBA members signed up as part

of an inaugural package that launched Completely

E-Legal. These members were instrumental in the

development of the online professional network

that has since recorded 60,000 views from users in

every state in America and over a dozen other

countries around the world. The growth in traffic

to the site has resulted in a volume of inquiries

both from people seeking lawyers as well as other

lawyers around the country hoping to join.

This exciting growth has been made possible

through the contributions of the Baltimore County

Bar Association and the group of attorneys who

have participated in the Founding FIRST 100

PROGRAM.

The Completely E-Legal team, along with

everyone who worked alongside the

implementation of this project, would like to

recognize each of the attorneys who participated in

the FOUNDING FIRST 100 PROGRAM.

The FOUNDING FIRST 100 PROGRAM

The Completely E-Legal team has been overjoyed

by the success of the FOUNDING FIRST 100

PROGRAM. The participation and relationships

developed through the consultations packaged with

the program has been fundamental to the growth of

the project.

As a tip of the hat to the FOUNDING FIRST 100

members who helped make this project possible,

each of the participants have had special

arrangements made to acknowledge their

contributions.

The program will now feature two tiers of

membership. Each of the FOUNDING FIRST 100

members will be appointed premium “Top Dog”

level memberships. The premium membership tier

will cost $300/year for all new incoming members.

These members will also be acknowledged with the

“Top Dog” profile banner otherwise earned only

through eclipsing the “Featured Member of the

Week” status awarded to the member with the

highest engagement statistics over the course of a

week. Aside from the FOUNDING FIRST members,

this group will only include at most 52 members a

year.

The members have additionally been listed in a

featured “Top Dogs” listing within the members

listing section. This section has its own featured

drop-down tab underneath of the “Members” section

of the navigation bar.

The level of membership will of course include all

of the other perks reserved for Premium members,

such as access to analytical page performance

reports, advertisement-free profile pages, and

private discussion forum access. All of these

features will be unavailable to the lower tier of

membership.

What’s ahead for Completely E-Legal

Completely E-Legal will begin accepting members

from other bar associations and areas around the

country beginning immediately.

The quality of the experience for members of “The

Complete Online Network for Lawyers” is

dependent on participation. This extends to the

volume of members, viewers, and the level of

engagement from both. It truly is “the more, the

merrier” from a web presence development

standpoint.

Continued on page 7


HATS OFF TO THE ‘TOP DOGS’ OF THE FOUNDING FIRST Continued from page 6

The individual and collective experience is

enhanced with greater participation through

producing articles, discussions, and content, and

most importantly users. Users equates both to

members and to the general public. Completely E-

Legal has averaged around 2,000 new unique

visitors a month. These viewers typically find the

site through search engines like Google after

inquiring about legal-related subjects or terms.

The objective for Completely E-Legal is to provide

these resources to the general public through

connecting viewers to the information provided by

attorney members of the program. To better

accomplish this objective, Completely E-Legal has

begun to more actively build upon the content and

membership base of attorneys.

Limited Free Memberships available beginning

June 1, 2012

Completely E-Legal is now offering limited free

memberships to qualified attorneys who are

members of a local bar association and meet the

program requirements of good standing.

These “Basic” memberships will include all of the

same features as the new “Premium”

memberships, with the exception of access to

analytical reporting, advertisement-free profile

pages, and some of the private discussion forums.

By offering free memberships, Completely E-

Legal aims to extend both the membership and

viewer base as to deliver the highest quality

networking experience to all users.

Part of the mission statement of Completely E-

Legal is to promote the institutions of bar

associations and their contributions to professional

and local communities. Completely E-Legal will

be indexed geographically by bar associations as it

continues to grow as part of that mission. Members

will only be listed by area in search indexes as they

are affiliated with local bar associations.

Richard K. Abraham

Howard L. Alderman Jr.

Lesley S. Atkinson

Jonathan Azrael

Nikki S. Behre

Douglas W. Biser

Jay Irwin Block

William J. Blondell Jr.

Alice Arcieri Bonner

James C. Brennan

Douglas L. Burgess

Harold H. Burns

Arthur P. Caltrider Jr.

Linda C. Cartier

Alex Chizhik

C. William Clark

Emma Twigg Clarke

Curtis B. Cooper

Joel C. Denning

Diana B. Denrich

Anthony J. DiPaula

Thomas J. Dolina

Deborah M. Engram

Robert K. Erdman Jr.

Timothy S. Faith

Larry J. Feldman

Nathaniel C. Fick

Rebecca A. Fleming

Adam P. Frank

Keith S. Franz

Winn C. Friddell

Edward J. Gilliss

Carl R. Gold

Richard Grason VI

Barbara B. Greene

Louis E. Grenzer Jr.

Chester H. Hobbs IV

Terri Holt-Charles

Thomas S. Hood

Kristine K. Howanski

Jennifer C. Jackson

J. Calvin Jenkins Jr.

Jeffrey L. Kaplan

Continued on page 8


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.

Hasson Barnes Craig Little

Nicholas Del Pizzo III Katherine Linzer

Lisa Elder Joseph Lyons

Stanford Gann Thomas Mallon

Michael Jeffers Kathryn Masterton

Francis C. Lanasa James Nolan Jr.

Douglas Lauenstein Daniel Schmitt

Marie Van Deusen

If you are interested in staffing the Clinic, please call

Rachel M. Ruocco at 410-337-9102 or email

[email protected].

FOUNDING FIRST Continued from page 7

Christopher W. Keelty

Lauren Pagano Kemper

William T. Kerr

Wallace Kleid

J. Neil Lanzi

Douglas C. Lauenstein

Robert W. Lazzaro

Jack I. Leibovitch

Richard D. Lebovitz

Sheldon H. Levitt

Judson H. Lipowitz

Craig J. Little

Louise A. Lock

Patrick E. Maher

Thomas K. Mallon

Sarah D. Mann

Maureen F. May

Donna B. McElroy

Thomas S. McElroy

Christopher McNally

Wendy S. Meadows

Erin C. Miller

Mark C. Miller

David F. Mister

Ryan E. Naugle

Christopher W. Nicholson

Christine S. Nielson

David D. Nowak

Dennis F. O’Brien

Margaret H. Oliver

Matt M. Paavola

Jennifer Pechulis

F. Bradley Peyton

Edward T. Pinder

Larry Polen

Camilla J. Rogers

Jeffrey P. Rogyom

Ellen P. Rosenberg

Douglas T. Sachse

Mary R. Sanders

Ralph L. Sapia

Steven J. Scheinin

Jeffrey R. Scholnick

Paul J. Schwab III

Richard K. Scott

Joel E. Segall

Sarah B. Sherman

Stacy L. Siegel

Aidan F. Smith

James T. Smith

John R. Solter Jr.

Alaina L. Storie-Redwinski

Andrea K. Sugar

Sara R. Sussman

Robert J. Thompson

Joseph I. Tivvis Jr.

Marty Voelkel-Hanssen

Annamaria M. Walsh

Kathryn F. Weinrich

Dana O. Williams

S. Todd Willson

David A. Wilson


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Mention you saw this ad in The Advocate to receive a free bottle of wine!


On April 25, 2012, the Family Law Committee for

both the Baltimore County Bar Association (BCBA)

and the Bar Association of Baltimore City (BABC)

held their annual joint dinner at Gertrude’s Restaurant

in the Baltimore Museum of Art.

The topic of discussion was a recent alimony case

handed down by the Court of Appeals – Boemio v.

Boemio, 414 Md. 118 (2010). The Boemio case was the

Court of Appeals’ first review of the use of alimony

guidelines by the Circuit Court and better defined the

circumstances when an award of indefinite alimony

was appropriate.

To illustrate the effect the Boemio holding will have on

trial practice, the BCBA and BABC rounded up a slew

of its finest lawyers to present a closing argument –

based on a fictional factual scenario concerning Fred

and Wilma Flintstone – to argue for and against

indefinite alimony. Fred’s attorneys Kristine A.

Howanski and Sally B. Gold argued against indefinite

alimony: Wilma’s attorneys Julie E. Landau and

Christopher W. Nicholson argued for it.

The attorneys pleaded their cases before a five member

“Supreme Bench” consisting of Judges Albert J.

Matricciani Jr., Yvette M. Bryant, Michael J. Finifter,

H. Patrick Stringer Jr. and Master Andrea F. Kelly.

After oral argument, each jurist revealed their decision,

the aspects of the facts that were important to them and

their views on how best to argue alimony cases – at a

pendente lite hearing, at trial and on appeal. The

Bench’s rulings, which tended to lean towards an

award of indefinite alimony, demonstrated the inherent

variability of alimony cases – even with the assistance

of guidelines.

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Law Office of Nicholas J. Del Pizzo, III, P.A.

Pro Bono Committee Seeks Nominations

for this year’s PRO BONO AWARD

to an individual attorney and to a law firm.

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.

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.

Nominations should be submitted to the Baltimore County Bar Association, in writing, not later than August 31, 2012. Please mail to BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD

FAMILY LAW DINNER by Richard Grason VI

FAMILY LAW FORUM by Catherine Woods

You may have heard that brevity is a sign of a

sharp mind. Apropos this aphorism: The well-

attended Family Law Forum held May 31 featured

education about recent rulings of the Maryland ap-

pellate courts. The well-respected Richard Jacobs

provided a written and verbal summary of family

law decisions from May, 2011, to the present. If

you handle any domestic cases at all, risk missing

the annual May forum at your peril.


JUDGE ROBERT N. DUGAN,

Retired

Former Associate Judge,

Circuit Court for Baltimore County

Now Available for:

Arbitration, Mediation,

Guided Settlement

Discussions and Case Evaluations

410-247-9372

FUTURE BCBA LEADERSHIP LUNCH by Robert K. Erdman Jr.

On May 15, 2012, the Young Lawyers Committee hosted a brown-bag lunch presentation on leadership

opportunities available to younger lawyers.

Debra G. Schubert spoke about the Maryland State Bar Association’s “Leadership Academy.” In addition to

being a graduate of the inaugural class of fellows, Ms. Schubert is a past president of the Baltimore County

Bar Association and the current treasurer of the Maryland State Bar Association. She indicated that Leadership

Academy played a large role in helping her to rise through the ranks. The MSBA Leadership Academy is a 12

month program designed to assist lawyers become better leaders and it offers opportunities for future

leadership roles in the MSBA. For more information, please visit www.msba.org.

Elayne Hettleman (Executive Director) and Adam M. Rosenblatt (Class of 2011) then offered remarks on the

benefits of participating in “Leadership Baltimore County” – a 10 month program offered by the county to

prepare talented people for leadership positions on the boards of community and regional non-profit

organizations. Ms. Hettleman and Mr. Rosenblatt shared stories of their experiences in the program and

described how it provides participants the foundation for personal and career growth. For more information,

please visit www.leadershipbaltimorecounty.net.

On behalf of the Young Lawyers Committee, I’d like to offer my thanks to Ms. Schubert, Ms. Hettleman and

Mr. Rosenblatt for their time and efforts in making this informational session a success.


President Edward J. Gilliss and the Executive

Council of the Baltimore County Bar Association

hosted the 22nd Annual Past Presidents’ Dinner on

Wednesday, May 23, 2012 at the Country Club of

Maryland.

It’s believed that the tradition of the gathering of past

presidents began with a luncheon in April of 1991,

under the tenure of Bill Hesson (President, 1990-91).

The following year, the custom continued in the form

of a dinner, with the inaugural one hosted by then-

president G. Warren Mix. Before dinner was served,

President Gillis remembered “Moose” Mix, as well

as Paul J. Redmond, and offered a toast to their

contributions, opining that they epitomized what it

was to be a Baltimore County lawyer.

In addition to thanking those in attendance for their

service, President Gilliss remarked that the Past

Presidents’ Dinner was a spectacular sign of the

commitment and fellowship embodied in the

BCBA’s mission. In closing, he indicated that, at the

end of the 2011-12 bar year, the BCBA would have

nearly 1,700 members, which was a fantastic sign of

the health of our organization and a tribute to the

hard-work and dedication of Executive Director Doris

Barnes.

President-elect Robert W. Lazzaro then took the

opportunity to recognize Mr. Gilliss as an “august

president” and continued a tradition established last

year by presenting him with his “Special OPS” lapel

pin (Out to Pasture Society – Past Presidents’

Committee of the BCBA).

The Past Presidents’ Dinner allows current members

of the Executive Council and past BCBA presidents to

discuss the always important issues of finances and

keeping membership informed and involved. It is also

an opportunity for current Executive Council members

to receive advice and inspiration from their

predecessors, and to share stories and laughs. Judicial

officers who attended included retired Judges J. Norris

Byrnes, Lawrence R. Daniels and Charles E. Foos III;

Court of Special Appeals Judge and Immediate Past

President Alexander Wright Jr.; current Circuit Court

Judges Vicki Ballou-Watts, John J. Nagle III and John

Grason Turnbull II; District Court Judge Phillip

Tirabassi; and Master C. Theresa Beck.

PAST PRESIDENTS DINNER by Robert K. Erdman Jr.


The 2012 Law Day Breakfast included a trip down

memory lane thanks to the generosity and ingenuity

of Historical Committee Chair Jeff Scholnick, along

with special help from Executive Director Doris

Barnes. Jeff arranged (that is to say paid for) to

have several photos from the Bar archives enlarged

and prominently displayed at the Law Day Break-

fast. The display included photos of Past President

J. Earle Plumhoff at a judicial investiture (perhaps

of Judge Alfred L. Brennan Sr.) and Judy Ritchey

from a pre-1985 banquet. Pictures of Judge Leonard

Jacobson’s show cast and a family law dinner meet-

ing featuring Judges Lawrence R. Daniels and Ed-

ward A. DeWaters Jr. were also on display.

The largest photo in the array showed the entire

room for a Bar Banquet, with the caption, 30th An-

nual Banquet, honoring Judge Gus Grason at the

Elkridge Club.” The banquet room was crowded

with gentlemen in tuxes, table center pieces at rec-

tangular tables and fancy linen table cloths. Break-

fast attendees were invited to guess the year of the

event depicted in the photo. Clues that were not

provided with the picture include that it was the

year Alan E. Buzzell was President of the BCBA

and John S Stanley was President of the MSBA (to

be followed by Edward H. Burke, who was from

Baltimore County). Toy lovers may know that Mr.

Potato Head was born that year, and you could buy

a gallon of milk for 97cents or a postage stamp for

3 cents at that time. Other clues, also not included

are that gasoline was 20 cents a gallon and Harry

Truman was finishing his term as President.

Daniel Stringer, law clerk to Judge Timothy J. Mar-

tin, was one of several who knew that the photo was

from the January 31st, 1952 Banquet. Mr. String-

er’s name was pulled from the hat that included the

names of other knowledgeable participants, which

meant that he won the Panera Bread Gift Card,

which was Chair Jeff Scholnick. Mr. Stringer con-

tended he just took a guess, but I suspect he has ex-

traordinary powers of observation and deduction.

No doubt the BCBA Historical Committee along

with the Law Day Committee will be recruiting him

next year.

The caption relating the big picture to the 30th An-

nual Banquet could have misled some – particularly

those good at math - who knew the organization

was founded in 1920. Apparently the annual BCBA

banquet was so annual for a year or two, perhaps

because of complications brought on by WWII.

This would explain why the 1951 Banquet was only

the “30th Banquet.”

It was particularly fitting that a 1952 photo was in-

cluded at this Law Day event. President Dwight D.

Eisenhower was to take office later that year and it

was during his term that the ABA and others pre-

vailed upon the President to have the day we now

call Law Day set aside to celebrate the rule of law

in the United States.

HISTORICAL COMMITTEE MYSTERY SOLVED by Terri Beck

BCBA PAST PRESIDENTS AND EXECUTIVE COUNCIL (left to right). Top row: Judge Lawrence Daniels,

Alan Bussard, Rob Erdman, Robert Lazzaro, Stephen Nolan, Judge Vicki Ballou-Watts. Middle

row:Robert Romadka, John Gontrum, Myles Friedman, Debra Schubert, Keith Truffer, Dominick Garcia,

Judge Philip Tirabassi, Judge J. Norris Byrnes, T. Wray McCurdy, Judge John Turnbull, II. Front row:

Tom Bodie, Master Terri Beck, Nip Jenkins, Rebecca Fleming, Judge John Nagle, Lou Weinkam, John

Nowicki, Bill Hahn, Ed Gilliss, Judge Alexander Wright, Judge Charles Foos.


ANNUAL GOLF OUTING by Michael W. Siri

On June 4, 2012, 93 golfers played in the annual

Baltimore County Bar Association tournament at

Hunt Valley Golf Club, in Phoenix, Maryland. With

perfect weather and a beautifully manicured course,

the captain’s choice scramble format resulted in low

scores.

Teams were broken down into three separate flights

based on the overall handicap. Taking the first flight

was the team of Marshall Henslee, Chris Purpura,

Bryan Tillman and Matt Wyman, with an adjusted

score of 53.5.

Sean Daly, Marcus Grubb, Michael Laguna and

Rick Rieman won the second flight with an adjusted

score of 52.2.

The ASAP team, a fivesome featuring Police

Chief James Johnson, Dominick Garcia, Chris

Sporer, Charlie Winchester and Judge Hennegan,

won the third flight with an adjusted score of

55.7.

The afternoon started with practice swings at the

driving range and lunch provided by Legal

Images and Merrill LAD. As the 1 p.m. tee time

approached, the club’s PGA Pro John Albert

provided instruction to the participants.

Throughout the day, golfers also participated in

various contests. This included three closest to the

pin contests sponsored by ASAP and the Longest

Drive Contests sponsored by Gore Brothers. Bob

MacMeekin, Bryan Tillman and Chris Sporer

were the closest to the pin for holes White 1,

White 3 and Red 4, respectively.

Matt Landsman won the men’s longest drive for

the second year in a row and Beverly Wallace

won the women’s longest drive. Eighteen golfers

beat the pro, Cliff Mangle, on Red 2 and Robert

Erdman was randomly selected from that group of

eighteen to receive a $100 gift certificate to the

pro shop.

The success of the tournament can be attributed to

the various sponsors of the event. The tee

sponsors included Arrow Process Servers, Bowie

& Jensen LLC, Completely e-Legal, Nicholas

Matt Wyman, Bill Purpura and Bryan Tillman

Danielle Winchester, Bob MacMeekin, Charlie & Betty Winchester

Marcus Grubb and Michael Siri


Delpizzo, Fidelity Investigations, Irwin Reporting

Services, Towson Executive Offices and Zest Social

Media. Other sponsors were Legal Images, Merrill

LAD, Gore Brothers, and Multi-Specialty

Healthcare.

Rob Erdman, Rebecca Fleming, Doris Barnes & Michael Siri

Matt Landsman and Joe Grabowski (Gore Bros.)

Bob Hanley, Ed Gilliss, Jim Shea and Keith Truffer

Chief James Johnson, Dominick Garcia, Chris Sporer, Charlie Winchester, Judge Jack Hennegan


MEMBER NEWS

The Administrative Office of the Courts, Department of Family Administration is pleased to announce an upcoming Training for Attorneys

REPRESENTING CHILDREN IN CONTESTED CUSTODY CASES IN MARYLAND:

The Guidelines of Practice for Court-Appointed Lawyers

Representing Children in Cases Involving Child Custody or Child Access

AN ALL-DAY PROGRAM PROVIDED FREE OF CHARGE BY THE DEPARTMENT OF FAMILY ADMINISTRATION

October 31, 2012 in Annapolis, Maryland

This program will provide strategies for improving child representation, best practices for child coun-

sel,

and how to avoid pitfalls. Ample time is allotted for questions and discussion.

The program meets the requirements of Rule 9-205.1 of the Maryland Rules for attorneys

wishing to qualify for appointment as child counsel, in accordance with Guideline 4 of the

Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases

Involving Child Custody or Child Access.

ATTENDANCE IS LIMITED - PLEASE ENROLL EARLY TO AVOID DISAPPOINTMENT!

Registration and additional information is available online at: http://childcounsel.eventbrite.com/

FAMILY LAW 101- BASICS FOR THE NEW PRACTITIONER

This will be a two–part beginner level program which focuses on issues in family law cases

from initial client contact through trial. The program will feature judges, masters, AAML Fellows,

and attorneys from the Family and Juvenile Law Section of the Maryland State Bar Association.

Friday, September 21, 2012 and Friday, September 28, 2012, 8:30 a.m..- 4:00 p.m.

University of Baltimore School of Law Moot Court Room

Space is limited – advance registration is requested.

Early registration is $85.00 per session or $160.00 for both sessions.

Any questions, please contact: Leslie Billman, Esquire, [email protected], 410-2800, or

Deborah L. Webb, Esquire, [email protected], 301-657-0725.

mailto:[email protected]

mailto:[email protected]


WELCOME NEW MEMBERS

Melissa L. Cassell

David M. Chance

Tara K. Clarke

John J. Cord

James A. H. Corley

Sarah E. Fiori

Amy L. Grossi

Benjamin A. Harris

Luch Hirsch

Kristin Hosseinzadeh

Philip G. Kaplan

Natalie N. Mayo

Steve A. pPapaminas

Brendan E. Pederson

Jason A. Plotkin

Jason Perash

Linda A. Ramirez

Jonathan Rose

Carlos G. Stecco

Congratulat ions

Marie Van Deusen included in The Daily Record’s

100 Top Women.

Marie also holds the esteemed position

in their Circle of Excellence as she has

been included in this list three times.

Come cruise with us! April 21-28, 2013

from Baltimore to the Bahamas! Email [email protected] For more information

MEMBER NEWS

** SAVE THE DATE ** Everyone Welcome to Attend

Annual Crab Feast

Farewell to departing Judicial Law Clerks and

Welcome to incoming Judicial Law Clerks

Wednesday, October 3, 2012


COUNTY COUNCIL UPDATE

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.

Recent items of legislation passed by the Council

include the following:

Bill 38-12 – Development – Compatibility

Requirements – Bill 38-12 sets forth compatibility

objectives required for certain Planned Unit

Development projects located in specified areas or of

a specific type of development such as a Transit

Oriented Development. The bill adds a section to the

County Code that creates compatibility objectives for

certain Planned Unit Developments and requires the

Director of Planning to make compatibility

recommendations separate from those required by

Section 32-4-402 of the County Code. Bill 38-12

was passed by the Council on May 24, 2012 and took

effect on June 6, 2012.

Resolution 39-12 – North Point Revitalization

District/Essex Commercial Revitalization District – Resolution 39-12 creates the North Point

Commercial Revitalization District and expands the

existing Essex Commercial Revitalization District.

Designation of an area as a commercial revitalization

district carries with it certain benefits, including

eligibility for County programs. Resolution 39-12

was passed on May 24, 2012 and took effect on the

date of its enactment.

Bill 42-12 – Development – Bill 42-12 directs

several changes to the County’s statutory process for

the development of land:

1. Master Plan - Section 32-4-102 of the

development regulations requires that all

development of land conform to the Master Plan,

adopted community plans and Title 4 of Article

32 (titled “Development”). Likewise, Section 32

-4-245 requires a Planned Unit Development

(PUD) development plan to conform to the

“goals, objectives and recommendations of the

Master Plan, area plans, or the Department of

Planning.” Bill 42-12 recommends changes to

the statute so that the requirement of Section 32-

4-102 is “subject to limitations in...this Code,”

and the requirement of Section 32-4-245 is

changed so that a PUD development must

conform to the goals, objectives, and

recommendations of “...one or more of the

following...” – i.e., either the Master Plan, area

plans or the Department of Planning.

ATTORNEYS East-end Baltimore County

(Dundalk Area)

Seeking attorney or attorneys

interested in establishing an office

and assuming part of the practice

with long-term goal of assuming

entire practice.

Please call 410-285-6000

for an appointment

http://www.baltimorecountycouncil.org/


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.

JAY MILLER, Chair 410-583-6969

443-271-7317

JOE MURTHA, Vice-Chair 410-583-6969

443-271-7319

STUART AXILBUND 410-832-7579

JIM BEACH 410-241-8538

JUDGE ALFRED L. BRENNAN SR. 410-825-2413

MARY CHALAWSKY 410-951-7160

MIKE CONNOLLY 410-583-8300

RICHARD LYNAS 410-821-1099

GERARD MILES 443-589-0150

JOSE MOLINA 443-851-7353

JIM QUINN 443-703-3041

JUDGE PHILIP N. TIRABASSI 410-512-2323

RICHARD VINCENT 443-703-3040

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

MICHAEL J. MORAN, ESQUIRE The Law Offices of Michael J. Moran, P.C.

3407 Eastern Boulevard-Suite A

Middle River, MD 21220

410.687.8494

[email protected]

The General Practice of Law

Civil, Criminal & Administrative Appeals

COUNTY COUNCIL UPDATE

2. PUD Process - Bill 42-12 amends the PUD

process to: (1) require that the post-submission

community meeting be held no earlier than 21

days and no later than 30 days after the filing

of a PUD application; (2) require that the PUD

application be sent by the Department of

Permits, Approvals and Inspections to the

Departments of Planning, Environmental

Protection and Sustainability and other

appropriate reviewing agencies; and (3) require

that the agencies’ preliminary evaluations of a

PUD proposal be sent to the Council member

with whom the application was filed within 15

days of the date of filing of the PUD

application.

3. Amendments to an Approved PUD - Bill 42-12

creates a process for dealing with amendments

proposed to a previously approved PUD

development plan. The bill defines a material

amendment as any significant change in the

type, location and arrangement of principal

land use in the development as shown on the

previously approved PUD development plan.

Bill 42-12 was passed by the Council on June 4,

2012 and took effect on June 18, 2012.

Appointments – The following appointments

were approved by the Council on June 4, 2012:

appointments at the request of the County

Executive of Melanie Moser and Richard Jones to

the Baltimore County Design Review Panel.


WORKERS’ COMP LAW FIRM, L.L.C. 2113 Orems Road, Middle River, MD 21220

Matt M. Paavola, Esq. Kevin C. Lawrence, Esq. and Introducing: David M. Snyder, Esq.

Over 30 years of workers’ compensation experience. We will gladly travel to your office to meet your clients.

410-574-8000

NOTES FROM THE BALTIMORE COUNTY CIRCUIT COURT LAW LIBRARY

By Stephanie Levasseur, Librarian

Tax season is over but maybe there is something

you might have missed, forgotten or meant to look

up. What better place to get your tax research done

than the Baltimore County Circuit Court Law

Library? The library has six computers with free

access to Westlaw, Lexis and the tax databases of

CCH and BNA. Tax law can be tricky at times but

the searchable CCH Standard Federal Tax Reporter

makes it easy to pinpoint an exact point of law. You

can search by subject, tax code section, chapter or

law. In the BNA databases, the Tax Management

Portfolios are a breeze to search by subject,

Portfolio number, code section or law. To find that

elusive tax form, search Rabkin & Johnson’s

Current Tax Legal Forms in Lexis by subject or

code section to find exactly what you need. Since all

of this research is free, the only cost involved is if

you print anything, which is 20 cents a page.

The Law Library also has legal DVD titles you can

check out to view at home or in your office. There is

no fee to rent a DVD, but a $25 refundable deposit

check is required. One disk may be rented for one

week. Many of the DVDs deal with lawyers skills

such as “ways to win,” deposition tips and

negotiation, litigation or discovery techniques.

Other titles cover areas of law such as construction,

entertainment, school, divorce, employee benefits

and immigration. A complete list of DVD titles is

available at the Library’s front desk or online at

www.baltimorecountymd.gov/go/lawlibrary.

Speaking of Library services, do you need to show a

video or document in court? If the BCBA TV/

DVD/VCR is NOT available*, the Baltimore

County Circuit Court Law Library rents the

equipment you need for the courtroom. TV/DVD/

VCR, ELMO (overhead projector), a screen or

NOMAD (combination of computer projector,

overhead document camera, and VCR/DVD player)

are available for rent from the Law Library.

Registration is required for all equipment. There is

only one of each type of equipment, so please call

410-887-3086 to reserve well in advance of your trial

date. Equipment reservations are popular and

waiting until the day before or the day of your trial

may mean nothing is available. There is a fee for

renting some of the equipment.

I would like to send a belated thanks to the Young

Lawyers Committee for a successful holiday party

last December. The event brought in 738 new

children’s books for the Baltimore County

Department of Social Services Toy Stores, which

benefits low-income children in the county.

We’re proud of our offerings and hope to see more of

you in the Law Library as the weather warms up.

*BCBA Members have access to the TV/DVD/

VCR equipment for FREE for the first-day of

rental. Subsequent days are $50 per day, and a

$50 deposit is required. Please contact the Bar

Office for scheduling, 410-337-9102.


LEGAL POSITION AVAILABLE

Premier Baltimore City-based law firm seeking

energetic, experienced, result-oriented attorney

for preeminent AV-rated family law firm. Our

boutique firm is highly acclaimed and is known

for its dedicated and effective representation of

clients in sophisticated family law matters. We

are in search of a motivated and intelligent

family law practitioner, who is eager to act as

lead counsel in complex matters. Comfort level

with business matters and financials is needed.

If you have a practical, and passionate approach

to the practice of law, please apply. This is a

wonderful opportunity to become part of a

growing, focused practice driven by a firm

culture that is devoted to quality representation.

Please submit via email to

[email protected].


ADR COMMITTEE Chair, Thomas J. Dolina

410-823-1250; [email protected]

Wednesday, July 18, 2012, 4:30 p.m., Grand

Jury Room, County Courts Building, Towson. Planning

Meeting of 2012-13 programs. If you are not able to

attend, please submit any program suggestions to

Chairman Tom Dolina.

CONSTITUTION & BYLAWS COMMITTEE Chair, Stanford G. Gann, Jr.


Please communicate any issues for consideration

and/or review to Chairman Stan Gann

COMMITTEE REPORTS

This committee meets at 8 a.m. on the second

Thursday of every month, September through June.

Please communicate any issues or concerns to

Chairman, Craig Little.

At-large members appointed by President Lazzaro

for 2012-2013 include:

Howard L. Alderman Jr.

Andrew I. Alperstein

Hon. S. Ann Brobst

C. Carey Deeley Jr.

Arthur M. Frank

Mary G. Loker

Christopher W. Nicholson

Mary R. Sanders

Lawrence M. Stahl

Wendy Zerwitz

Tuesday, July 17, 2012, 4:30 p.m., Grand Jury

Room, County Courts Building, Towson. Planning



Chairwoman Mary Chalawsky, mchalawsky@lawpga.

BENCH/BAR COMMITTEE Chair, Craig J. Little


CLE COMMITTEE Chair, Mary Cina Chalawsky


ADVOCATE COMMITTEE Co-Chair, Catherine F. Woods


Co-Chair, Matthew P. Woods 410-832-8010; [email protected]

Monday, July 2, 2012, 4:30 p.m., Grand Jury


Meeting. If you are not able to attend, and are interested

in writing for the BCBA monthly newsletter, please

email Co-Chair Catherine or Matt.

ENTERTAINMENT COMMITTEE Chair, Robert K. Erdman Jr.

410-296-8166 x109; [email protected]

Monday, July 9, 2012, 5 p.m., Charles Village

Pub, 19 West Pennsylvania Avenue, Towson. Planning



Chariman Rob Erdman.

CRIMINAL LAW COMMITTEE Chair, Timothy M. Gunning


Insert new date, 2012, 4:30 p.m., Grand Jury




Chairman Tim Gunning.


Thursday, July 19, 2012, 4:30 p.m., Grand Jury




Chairwoman Kate Masterton.

Thursday, September 13, 2012, 5 p.m., Grand

Jury Room, County Courts Building, Towson, Karsenty

v. Shoukron and the Spousal Share: A Historical

Perspective. Speaker: Peter W. Sheehan Jr., Esquire.

Flyer included in this issue.

ESTATES & TRUSTS COMMITTEE Chair, Kathleen J. Masterton


FAMILY LAW COMMITTEE Chair, Richard Grason VI






Chairman Richard Grason.

COMMITTEE REPORTS

FEE ARBITRATION COMMITTEE Chair, Beverly A. Wallace

410-296-5331 x10; [email protected]

Forms and program information can be found

on our website, www.bcba.org.

HISTORICAL COMMITTEE Chair, John A. Austin


Wednesday, July 18, 2012, Noon, Grand Jury


Meeting for Law Day Ceremonies May 1, 2013. If you

are not able to attend, please submit any program

suggestions to Chairman Michael Siri.

LAW DAY COMMITTEE Chair, Michael W. Siri


If you need to grow your practice, check it out …

forms are available online (www.bcba.org),

Attorney Resources, Lawyer Referral Information

Service.




attend, please submit any program suggestions to Kelly

Burke.

The following attorneys have participated in the new

Lawyer-in-the-Lobby Family Law program,

staffing shifts at the County Courts Building

throughout the day. Potential clients with family-law

related issues are seen by appointment (sometimes

referred by the Court’s Self-Help Office), and others

are walk-ins to the courthouse.

Hasson Barnes

Kelly B. Burke

Jaime A. Cheret

Diana B. Denrich

Arnette Dorsey

Laurie A. Filippi

Jennifer B. Lester

F. Bradley Peyton

Richard D. Rosenthal

Marty Voelkel-Hanssen

To find out how YOU can get on the schedule,

contact Rachel Ruocco at 410-337-9102 or

[email protected] for more information.

LAWYER REFERRAL COMMITTEE Chair, Kelly Bollinger Burke


The Committee will soon be scheduling the second

round of oral histories. If you want to be involved,

or have a suggestion of someone who should be

interviewed, please contact Jeff Scholnick.


A CONFIDENTIAL resource for Baltimore County

attorneys, assistants and judges.

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.

See page 15 for contact information, or email

[email protected]. Referrals and contacts are kept

strictly confidential.

Please do not hesitate to contact anyone on the

committee for assistance, to refer a colleague, or

for general information.

LAWYERS ASSISTANCE COMMITTEE Chair, Jay D. Miller


MEMBERSHIP COMMITTEE Chair, David F. Luby




Meeting for the November 2012 Ceremony. If you are

not able to attend, please contact Chairman Glen Lazzaro

for family assignment.

Please notify the Bar Office (410-337-9103 or

[email protected]) of any member’s passing.

The following members will be honored at the

November 2012 ceremony:

John W. Moyer Sr.

Bryan J. Akman

Kenneth Halls Masters

G. Warren Mix

Paul J. Redmond

The one-hour ceremony will begin promptly at 3:30

p.m. in Ceremonial Courtroom Five in the Old

Courthouse, 2nd Floor, 400 Washington Avenue.

MEMORIAL & RECOGNITION COMMITTEE Chair, Glen D. Lazzaro


NEGLIGENCE, INSURANCE & WC COMM. Chair, Joan I. Harris


LONG-RANGE PLANNING COMMITTEE Chair, Keith R. Truffer


No meetings are currently scheduled for this

Committee.





Chairwoman Joan Harris.

Tuesday, August 21, 2012, 4:30 p.m., Grand

Jury Room, County Courts Building, Towson. Planning

Meeting of 2012-13 events. If you are not able to attend,

please submit any program suggestions to Dave Luby.

THIRSTY THURSDAYS … Second Thursday of

each month, 5:30 - 7:30 p.m., El Rodeo Tex Mex

Cantina & Grill, 28 West Allegheny Avenue,

Towson.

COMMITTEE REPORTS

Take a “sniff” around

www.completelyelegal.com

See article on page 6 ...


PRO BONO COMMITTEE Chair, Stanford G. Gann Jr.


PROFESSIONALISM COMMITTEE Chair, Jason S. Garber


Tuesday, July 10, 2012, 5:15 p.m., Grand Jury




Chairman Jason Garber.



Meeting of 2012-13 program goals. If you are not able

to attend, please submit any program suggestions to

Chairman Larry Polen.

REAL PROPERTY COMMITTEE Chair, Christopher W. Keelty


PUBLIC AWARENESS &

SPEAKERS COMMITTEE Chair, Larry Polen


The BCBA and the Local Pro Bono Committees

meet the second Tuesday of every month

(September through June, except December), 4:30

p.m. at Levin & Gann, 502 Washington Avenue,

Suite 800, Towson, specifically:

September 18, October 16, November 20,

December 18, 2012

January 15, February 19, March 19, April 16,

May 21, June 18, 2013

SOLO & SMALL FIRM COMMITTEE Chair, Diana B. Denrich


Tuesday, July 17, 2012, Noon, 7 West Bistro

Grille, 7 West Chesapeake Avenue, Towson. Planning



Chairwoman Diana Denrich.

SOLO & SMALL FIRM LUNCH

TOWSON - Third Tuesday every month

Noon, 7 West Bistro Grille

7 West Chesapeake Avenue, Towson 21204

No RSVP necessary.

NORTHWEST - Fourth Wednesday every month

1:00 p.m., The Grill at Harryman House,

340 Main Street, Reisterstown 21136

Contact: Diana Denrich, 410-833-1008 or

[email protected]

EAST SIDE - Second Thursday

Every other month (odd months)

12:30 p.m., Mo’s Seafood, 7600 Eastern Avenue 21224

Check out the Solo & Small Firm Blog:

http://

baltimorecountysmallandsoloatty.wordpress.com/

COMMITTEE REPORTS

Wednesday, July 18, 2012, 4:30 p.m., Bar

Office, County Courts Building, Towson. Planning



Chairman Chris Keelty.


STATE, LOCAL LAWS & ZONING COMMITTEE

Chair, Thomas H. Bostwick


Wednesday, July 25, 2012. 5 p.m., Country

Club of Maryland. Doing More With Less. Speaker:

Daniel C. Gundersen, Director, Baltimore County

Department of Economic Development. Flyer

included in this issue.

Check out www.CompletelyELegal.com, our new

social media website just for attorneys! GROW your

business through the internet! See how your

colleagues are marketing their legal services!

Lifetime memberships available. Call Doris for

more information (410-337-9103).

Wednesday, July 11, 2012, noon. This will be a

“virtual” meeting via www.gotomeeting.com. Please let

Tim Faith ([email protected]) know if you are able to

“attend.” Planning Meeting of 2012-13 programs. If

you are not able to attend, please submit any program

suggestions to Chairman Bud Clark.

YOUNG LAWYERS COMMITTEE Chair, Jonathan M. Herbst


TECHNOLOGY COMMITTEE Chair, C. William Clark


Thursday, August 16, 2012, 5:00 p.m., Grand

Jury Room, First Floor, County Courts Building,

Towson. Planning Meeting of 2012-13 programs. If

you are not able to attend, please submit any program

suggestions to Chairman Jon Herbst.

COMMITTEE REPORTS

LAW DAY PHOTOS

Look for the Law

Day Breakfast and

Noon Ceremony

articles in the next

issue of The

Advocate.

Benjamin Rosenberg

Scott Shellenberger and Judge Barbara Howe

Baltimore County Police Honor Guard

Edward J. Gilliss

Dominick A. Garcia & Suzanne K. Farace


April 21-28, 2013, Cruise to the Bahamas from Baltimore

Crab Feast, October 3, 2012

At the BCBA, there is

Something for Everyone


CRIMINAL LAW UPDATE by Robert C. Lidston

The June Amicus provides two Court of Appeals and

one Court of Special Appeals decision which may be

of interest to practitioners.

Nicolas v. State, No. 88, September Term 2011, filed

May 8, 2012 (opinion by Greene, J.)

A 911 call brought police officers to the Nicolas

home. As a result of an encounter between Nicolas

and the officers, he was charged with three counts of

resisting arrest and three counts of second degree

assault. At trial the State provided evidence to the

jury of the events surrounding the assaults and the

resisting arrest. Nicolas testified to a very different

version. The jury found him guilty of one count of

resisting arrest and two counts of second degree

assault.

After the verdict and the jury’s discharge, four

relevant notes were found in the court file. Three of

the jury notes bore a date and time, the trial judge’s

signature and a handwritten response. The trial

record showed discussions among the judge and trial

counsel about each of these three notes. A fourth

note inquired whether assault covered a situation

where physical contact was made in self defense.

That note had no date, no time stamp and no

response. There was nothing in the trial record about

the fourth note. Appellate counsel for Nicolas

contacted his trial counsel and the judge. Both

indicated they had no recollection of the fourth note.

The judge said that the usual practice upon receiving

a jury communication is to give a copy to counsel, to

meet with counsel on the record and to provide a

response to the jury on the note itself.

Nicolas appealed to the Court of Special Appeals

which affirmed his conviction, holding that the

judge made no error in declining to merge

convictions for second degree assault with the

resisting arrest conviction. It also held that the fourth

note had not been received by the trial court within

the meaning of Maryland Rule 4-326(d).

The Court of Appeals affirmed in part and reversed

in part. The proper test for determining whether two

offenses merge for double jeopardy purposes is the

required evidence test. Merger occurs when only one

offense requires proof of an additional fact, so that

all of the elements of one offense are present in the

other, and where both offenses are based on the same

act. If there is factual ambiguity about the underlying

basis for a conviction, the ambiguity is resolved in

favor of the defendant. Resisting arrest and second

degree assault as a battery merge under the required

evidence test. It was ambiguous from the record

whether the jury found Nicolas guilty of both counts

of second degree assault based on events that were an

integral part of the resisting arrest conviction or

whether the underlying factual basis for the second

degree assault convictions were separate and distinct

from those supporting the resisting arrest conviction.

Resolving the ambiguity in Nicolas’s favor, the Court

held that the trial court should have merged the second

degree assault convictions into the resisting arrest

conviction.

Maryland Rule 4-326(d) governs communications

between the trial judge and the jury. It is triggered

when the judge receives a communication from a jury

before a verdict is rendered. Under the Rule, receipt by

the court occurs when the judge or a member of the

court staff receives a note. There is a rebuttable

presumption of regularity in trial court proceedings.

An appellant has the burden of producing information

from the record supporting a rebuttal of the

presumption of regularity. The fourth note had been

found in the record after the jury was discharged. It

was unexplained and unmarked. Nicolas failed to

show that the note was actually received by the trial

judge before the jury rendered its verdict.

Black v. State, No. 73, September Term 2011, filed

May 3, 2012 (opinion by Greene, J.)

The jury trial resulted in Black’s conviction of one

count of child sexual abuse, two counts of second

degree sex offense and two counts of third degree sex

offense. After rendition of the verdict, five relevant

notes were found in the court file. Three of these notes

included date and time stamps and a response from the

judge. The trial record showed a discussion between

the judge and counsel about responses to these notes.

The fourth note, at issue in this matter, was written on

loose-leaf paper and sought advice about the

deliberation process: "We agree on two out of the five,

but have not come to an agreement on the other three...


do you have suggestions on how to proceed?" This

note was signed by juror number one, but had no

date or time stamp and no response from the judge.

There was nothing in the record indicating any

response to this note.

Black’s appellate attorney obtained affidavits from

trial counsel and the trial judge about this fourth

note. All counsel indicated no recollection of the

note and the trial judge said he had never received it.

The trial judge added that his usual practice with

such notes was to indicate the date and time it was

received, to discuss the note on the record with

counsel, and to provide an answer to the jury on the

note itself. He said that if he had received note four,

he would have followed this procedure. The Court of

Special Appeals affirmed the trial court’s judgment.

The Court of Appeals affirmed. Maryland Rule 4-

326(d) is in effect when a note is received by the

court from the jury. This must occur before a verdict

is rendered. Receipt may be by the judge or a

member of the court staff. There is a presumption of

regularity in court proceedings and it is the

obligation of the appellant to overcome this

presumption. As in Nicolas, Black failed to show

from the record that the note had been received by

the court and thus the presumption of regularity was

not rebutted.

Warren v. State, No. 1996, September Term 2009,

filed May 2, 2012 (opinion by Watts, J.)

Warren was convicted of felony first degree murder

and related charges. Before trial, he had moved to

suppress statements he made to the police. His

motion was denied because the court found that he

had voluntarily, knowingly and intelligently waived

his Miranda rights. At trial, the victim’s mother

testified that she recognized Warren before his first

trial. Both sides agreed that the witness was

confused and the court later read a stipulation to the

jury that it was not until the day after the jury trial

started in the first trial that the witness said for the

first time that she would be able to identify Warren

as involved in criminal acts. At trial, the State cross-

examined Warren about prior statements to other

people.

Warren appealed his conviction, contending that the

trial court erred in denying his motion to suppress.

He also contended that he was deprived of the right

to a fair trial by the admission of incorrect testimony

that was later corrected by a stipulation, thus

allowing the prosecutor to cross-examine him about

the invocation of his right to remain silent. He also

contended that the prosecutor made improper

remarks during closing and rebuttal arguments.

The Court of Special Appeals affirmed the

conviction. The question whether a confession was

made voluntarily is a mixed question of law and fact

to be reviewed de novo. To demonstrate a waiver of

Miranda rights, the prosecution must show by a

CRIMINAL LAW UPDATE Continued from page 28

Continued on page 30 ...


preponderance of the evidence that the defendant

knowingly and intelligently waived his privilege

against self incrimination and his right to counsel.

This determination is reviewed considering the

totality of the circumstances. An uncoerced statement

made right after the warning shows an implied waiver

of the right to remain silent.

Maryland Rule 5-616(a)(1) provides: "The credibility

of a witness may be attacked through questions asked

of the witness, including questions that are directed at

proving under Rule 5-613 that the witness has made

statements that are inconsistent with the witness’s

present testimony." In such a situation, the State is not

required to call a third party as a witness at trial.

Witnesses may not be cross-examined concerning

prior inconsistent statements of others, but may be

cross-examined as to their own alleged prior

inconsistent statements. Where a witness testifies

inconsistently with previously given testimony, and

the trial judge immediately provides the jury with a

stipulation entered into by both parties correcting the

testimony, a defendant’s claim that the State obtained

a conviction by the use of false evidence is meritless.

A prosecutor’s questions do not constitute an

impermissible reference to appellant’s right to remain

silent when the individual fails to establish that the

questions occurred after the defendant requested an

attorney or that in response to the questions, the

individual invoked the right to remain silent.

The regulation of argument rests within the sound

discretion of the trial judge. When assessing whether

there was reversible error because of improper

statements made during closing arguments, the

appellate court may consider several factors,

including the severity of the remarks, the measures

taken to cure any potential prejudice and the weight

of the evidence against the accused. The prejudicial

effect may be diminished by jury instructions, the

number of witnesses and the overall weight of the

evidence against the appellant. In the Warren matter,

the judge had not abused the court’s discretion.

CRIMINAL LAW UPDATE Continued from page 29


INDEX OF ADVERTISERS

Advertiser Contact Number Website/Email Page

Bayview Limousine 410-574-2491 www.bayviewlimousine.net 9

Completely E Legal 2 443-465-2950 www.completelyelegal.com 1

Dugan, Babij, Tolley, LLC 410-308-1600 www.medicalneg.com 30

Nicholas J. Del Pizzo III 800-BANKRUPT [email protected] 10

Judge Robert N. Dugan 410-247-9372 11

Richard B. Edelman 800-257-8626 www.economic-analysis.com 32

Fidelity Investigations & Consulting 410-667-1117 www.mdsleuth.com 29

Frank, Frank & Scherr, LLC 410-337-8900 www.frankelderlaw.com 21

Gore Brothers Reporting 1 410-837-3027 www.gorebrothers.com 8

ICS Insurance, Inc. 410-517-3925 www.ics-insurance.com 9

Lawyers Assistance Program 410-583-6969 [email protected] 19

Legal Images of Baltimore, LLC1 410-727-0505 www.legalimagesofbaltimore.com 31

Loews Annapolis Hotel 800-235-6397 21

Judge Dana M. Levitz 410-456-4436 4

Randy K. Mackubin, Court Reporting 410-790-1408 [email protected] 4

McCammon Group 888-343-0922 www.mccammongroup.com 2

Michael J. Moran, Esquire 410-687-8494 [email protected] 19

MPD Legal Services 410-409-7168 [email protected] 4

Multi-Specialty Healthcare 2 888-807-2778 www.multi-specialty.com 27

Next Level Technology 2 410-453-5500 www.nl-tech.com 10

Matt M. Paavola 410-574-8000 [email protected] 20

Passport Title Services, LLC 240-542-1920 [email protected] 5

Susquehanna Wealth Management 410-316-0239 [email protected] 27

1 Annual Platinum Sponsor 2 Annual Gold Sponsor 3 Annual Silver Sponsor

When you contact an advertiser, please let them know where you saw their ad. Thank you.


The Baltimore County Bar Association

The ADVOCATE 100 County Courts Building

401 Bosley Avenue

Towson, MD 21204-4491

FLYERS INSIDE

July 25

Doing More With Less

September 13

Karsenty v. Shoukron and the

Spousal Share

BCBA Membership

Directory is in the

Members Only Area of

www.bcba.org

Published monthly by the Baltimore County Bar Association

VOLUME XXI, NO. 11 July/August 2012

BAR ASSOCIATION OFFICE

Doris D. Barnes, Executive Director

Telephone: (410) 337-9103

E-Mail: [email protected]

Rachel Ruocco, LRIS Director

Telephone: (410) 337-9102

E-Mail: [email protected]

Website: http:www.bcba.org

OFFICE SPACE AVAILABLE Towson. One, two or three offices

available in 1st Class Space directly

across from District court. Parking,

receptionist, conference rooms, phones,

copier, fax all available. 410-821-6800.

Towson. Overlooking Old Courthouse

lawn, located in PNC Bank Building.

Suite includes fax, library, Westlaw

online, conference room, internet,

copier, receptionist, secretarial services

if desired. Call 410-337-3755.

Hunt Valley. Executive Plaza. Two

exterior/one interior office. Includes

receptionist, conference room, copier,

shredder service, small kitchen, free

parking, wireless internet. Contact

[email protected] or 410-

771-5668.

Parkville. One or two offices in 2nd

floor of building across street from

shopping center on Harford Road;

separate entrance; free parking. Inc use

of phones, internet, utilities and

conference room. Referral work for

firm that handles bankruptcy, family

law, trusts and estates. $650/mo for

both offices. Call Ed, 410-661-9440.

Towson. Offices and 5 parking spaces

for rent. 307 West Pennsylvania

Ave.nue Rent all or portion of

building; powder room on each floor.

1, 2 or 3 floors, up to 2,250 sq. ft. Rent

negotiable. 410-615-1707 or

[email protected]

Lutherville/Timonium. Shared office

space in commercial 1st class building

on York Road. Free parking. Lg,

furnished office, reception area, conf

room, internet and secretarial services,

if desired. $550/mo. Call Maria, 410-

529-0050.

PRESORT STANDARD U.S. POSTAGE

PAID Permit No. 1262 Baltimore, MD

Baltimore County Bar Association STATE, LOCAL LAWS & ZONING COMMITTEE

Doing More With Less

Wednesday, July 25, 2012

SPEAKER Daniel C. Gundersen, Director

Baltimore County Department of Economic Development

CHAIR Thomas H. Bostwick, Esquire

TIME 5:00 p.m. (cash bar), 5:30 p.m. (dinner & program)

LOCATION Country Club of Maryland, 1101 Stevenson Lane

COST BCBA Members, $45.00; Non-Members, $55.00

DEADLINE TO REGISTER IS FRIDAY, JULY 20TH - NO EXCEPTIONS

Mr. Gundersen will reflect on his first year at the helm of the County’s Economic

Development arm, and will discuss the economic vision for Baltimore County and the

opportunities and strategic plan for economic development going forward.

MENU CHOICES (Pick One): Grilled New York Steak

Single Crab Cake

Grilled Breast of Chicken over Pasta

Vegetarian (Chef’s Choice)

State, Local Laws & Zoning Committee - Doing More With Less

Wednesday, July 25, 2012

Name Telephone

Address

City State Zip

Email Amount Enclosed

Name on C/C Today’s Date

Billing Address City, State, Zip

Telephone Email

MC/Visa/Discover/American Express Card No. Exp.

Amount authorized $ Signature SEC#

REGISTER ONLINE at www.bcba.org OR return this form to the Baltimore County Bar Association, 100 County

Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA or credit card info.

Baltimore County Bar Association ESTATES & TRUSTS COMMITTEE

Karsenty v. Shoukron and the Spousal Share:

A Historical Perspective

Thursday, September 13, 2012

SPEAKER Peter W. Sheehan Jr., Esquire

PROGRAM CHAIR Kathleen J. Masterton, Esquire

TIME 5 p.m.

LOCATION Grand Jury Room, County Courts Building, Towson

COST BCBA Members, FREE; Non-Members, $20

Peter W. Sheehan Jr., Esquire of Whiteford, Taylor & Preston will offer insight

into the history of the doctrine of “fraud on marital rights” and how that history

bears on the factors to be considered by a practitioner or court faced with a

dispute involving the doctrine’s application to a spousal share election.

Estates & Trusts - Karsenty v. Shoukron and the Spousal Share:

A Historical Perspective

Thursday, September 13, 2012

Name Telephone

Address

City State Zip

Email Amount Enclosed

Name on C/C Today’s Date

Billing Address City, State, Zip

Telephone Email

MC/Visa/Discover/American Express Card No. Exp.

Amount authorized $ Signature SEC#

REGISTER ONLINE at www.bcba.org OR return this form to the Baltimore County Bar Association, 100 County

Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA or credit card info.

Documents

Newsletter of The Baltimore County Bar Association · Wendy A. Meadows Cecilia B. Paizs Michael W. Siri Keith R. Truffer The Advocate is a monthly publication of the Baltimore County