The Advocate - July/August 2022

Advocate

The

July/August 2022

Newsletter of the Baltimore County Bar Association

VOLUME XXXII, NO. 1

Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Law Firm Albers & Associates

Title Sponsor - Corporate Growth Solutions Team

Signature Sponsors - Corporate

Partner Sponsor - Law Firm

CRC Salomon Minnesota Lawyers Mutual Multi-Specialty HealthCare Nota by M&T USI Vallit Advisors

July/August 2022

Rice, Murtha and Psoras

Partner Sponsor - Corporate Sandy Spring Bank Chart Squad

Supporters - Corporate The Advocate

AbacusNext Health Quest

1

The President’s Message He operates an afterschool learning and life skills program for middle schoolers in Baltimore City and is expanding his program to include vocational training for high school and postgraduate students. The program is local and organic, and our money will make a huge impact. Van will be a regular at many of our events. Meet him. He will change the way you look at the world.

In addition to my bold prediction of setting a new fundraising record for our bar year charity, we have set out to perform some other great and long-overdue housekeeping functions: 1) We will commence the implementation of the 2021 Strategic Plan (much more on this later, I promise); 2) We will seek to reduce our 10-year Executive Council track to something more palatable to potential candidates, and 3) We will (almost) fully digitally automate the Lawyer Referral system.

Many of these projects have already commenced, and I will update the membership as we progress.

With immense pride and some nervous anticipation, I take the helm from Stanford Gann for the 2022-2023 Bar Year. Stan’s bar year – our 100th as an association was monumental – from the Party in the Plaza, to the Century Album, to the resumption of the Prom, we had much for which to be thankful. Bravo to you, Stan.

This bar year will be an expression of gratitude, giving back, and a nod to my father-in-law R. Roland Brockmeyer, Esquire, who, from 1963 until his passing in 2021, tirelessly, yet quietly, gave of his time and money to improve the situations of others less fortunate.

Therefore, I chose Van Brooks’ Safe Alternatives Program as my bar year charity. Van Brooks’ journey is extraordinary in its own right, and Van’s program is equally so. He grew up in West Baltimore and was tragically paralyzed playing football when he was a student at Loyola Blakefield. Undeterred by an injury that would harden even the toughest among us, Van dedicated his life to giving back to his community.

2

I would be remiss if I failed to express my gratitude to the people that make the Bar Association “go.” So much occurs behind the scenes – most members have no idea. So, Rachel, Amber, and Gavin – thank you for your often unnoticed Herculean efforts. In the same breath, we should thank all Executive Council members, committee chairs, and co-chairs, without whom our events would fizzle. I urge all of you to get involved and remain involved. A great start would be to download the BCBA App! I am honored to help jump-start our second century. On September 13th, our Bar Year Kickoff Party will be held at Jimmy’s Famous Seafood in Dundalk. John and Tony Minadakis are friends with Van Brooks and support his program regularly. You will not want to miss this party.

See you all around the courthouse. Enjoy the rest of the Summer!

- Jack Turnbull Your 104th President of the Baltimore County Bar Association

The Advocate

July/August 2022

2022-23 Officers

President John G. Turnbull III Secretary Lisa Y. Settles Treasurer Sondra M. Douglas

Executive Council Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio Jay D. Miller, Immediate Past President Adam E. Konstas, Young Lawyers Chair Rachel M. Ruocco, Executive Director

The Advocate Tommy Tompsett Committee Chair Tracee Orlove Fruman Committee Vice-Chair Jill Blum Graphic Designer

Contributing Writers Michael S. Barranco Alexis Burrell-Rhode Jason E. Cuomo Judith C. Ensor Tracee Orlove Fruman Ari J. Kodek Jennifer W. Ritter Stuart Schadt Lisa Y. Settles Erika C. Surock Catherine Woods

Inside This Edition BCBA Events Past President’s Dinner......................................................... 7 Pro Bono Day..................................................................... 11 Stated Meeting..................................................................... 8 BCBA Spotlight Law Clerk Edward Healy................................................... 16 Member Spotlight on Jane Santoni.................................... 14 Patti Lucchesi’s Retirement................................................ 12 Sponsor Spotlight on CRC Salomon................................. 18 Committee Reports Bench/Bar Committee....................................................... 20 Criminal Law Committee.................................................. 27 Diversity & Inclusion Committee....................................... 29 Family Law Committee...................................................... 23 Professionalism Committee................................................ 31 Court Notices Changes to Estate Fees......................................................... 6 Lawyer Assistance Program................................................... 22

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 President’s Message.......................................................... 4

The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Publication deadline: 20th of the month preceding publication.

July/August 2022

The Advocate

3

Court Notices August District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR AUGUST 2022

1

2

3

4

5

8

9

10

11

12

15

16

17

18

19

22

23

24

25

26

29

30

31

8-1 #1

KDP

KDP

DJW

X

MLR

VJ

KYW

KMD

KDP

VJ

KDP

VJ

KDP

VJ

MWS

KDP

LAP

KDP

VJ

KDP

KDP

KDP

8-1 #2

GJP

X

VJ

LR

VJ

X

X

VJ

VJ

KDP/am X/pm KP

MWS

VJ

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

GJP

X

DJW

VJ

KMD

X

KP

KP

KP

KP

X

KP

KP

KP

KP

KP

KP

VJ

KP

VJ

KP

VJ

KP

KP

8-1 #7

VJ

VJ

KJR

VJ

VJ

VJ

X

KYW

KYW

KYW

KYW

KYW

KYW

VJ

X

KYW

KYW

KYW

KYW

KYW

KYW

KYW

KYW

8-1 #8

X

X

X

X

X

X

VJ

X

KMD

VJ

X

MWS

MWS

MWS

MWS

X

MWS

MWS

MWS

MWS

MWS

MWS

MWS

8-4 #1

MLR/pm

8-4 #2

VJ

MLR

MLR

MLR

DJW

DJW

MLR

MLR

MLR

VJ

DJW

MLR

MLR

MLR

MLR

VJ

MLR

MLR

MLR

MLR

VJ

MLR

MLR

8-4 #3

LR

KMD

KMD

X

KJR

LR

KMD

LR

LR

MLR

LR

KMD

LR

LR

DJW

LR

KMD

LR

LR

DJW

LR

KMD

LR

8-4 #4

KMD

LR

X

X

KMD

KMD

LR

X

X

KMD

KMD

LR

KMD

KMD

KMD

KMD

LR

KMD

KMD

KMD

KMD

LR

KMD

8-4 #5

KJR

KJR

X

KJR

X

KJR

KJR

KJR

KJR

X

VJ

KJR

KJR

KJR

X

KJR

KJR

KJR

KJR

X

KJR

KJR

KJR

8-4 #6

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

VJ

VJ

KJR

VJ

VJ

SCZ

SCZ

SCZ

SCZ

SCZ

SCZ

8-5 #1

MTP

MTP

MTP

MTP

MTP

LAP

VJ

VJ

VJ

LAP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

MTP

8-5 #2

LAP

LAP

LAP

LAP

X

X

LAP

LAP

LAP

X

LAP

LAP

LAP

LAP

VJ

LAP

LAP

VJ*

LAP

LAP

LAP

LAP

LAP

8-5 #3

DJW

VJ

LR

VJ

LAP

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

BEF

8-1 #3 8-1 #4 8-1 #5 8-1 #6

MLR/pm

MLR/pm

MLR/pm

MLR/pm

Chambers

JUDGE: KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, KMD-Kimberly M. Davis, LR- Leo Ryan, MLR-Marsha L. Russell, KJR-Krystin J. Richardson, SCZ-Susan C. Zellweger, DJW-Dorothy J. Wilson, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps. *VJ indicates Visiting Judge to be assigned

Judges’ assignments are subject to change without further notice

SAVE THE DATES Baseball, Crabs and Fireworks

BCBA Annual Bar Year Kick-Off Party

Friday, August 5 6:30 PM

Tuesday, September 13 5:30 PM

Aberdeen Ironbirds Leidos Field at Ripken Stadium

4

Jimmy’s Famous Seafood

The Advocate

July/August 2022

Court Notices August District Court State’s Attorney’s Schedule MONDAY

TUESDAY

WEDNESDAY

THURSDAY

Date: 1

Date: 2

Date: 3

Date: 4

TO3 LACHMAN TO4 DESTEFANO TO5 COHEN

TO2 TO3 TO4 TO5

CA2 DICKSON CA7 COHEN

CA2 LEGALL CA5 ABELL CA7 GERRY

GERRY PENDLETON (PM ONLY) POTTS ABELL

EX1 FISH EX2 LEGALL

EX1 SMITH (PM ONLY) EX2 SPENCER EX3 DESTEFANO

EX1 POTTS EX2 RIGER EX3 FISH

Date: 8

Date: 9

Date: 10

Date: 11

TO3 SPENCER TO4 FISH TO5 SMITH

TO2 TO3 TO4 TO5

CA2 ABELL CA7 SMITH

CA2 LACHMAN CA5 LEGALL CA7 FISH

DICKSON LEGALL (PM ONLY) RIGER LACHMAN

EX1 POTTS EX2 PENDLETON

EX1 SPENCER (PM ONLY) EX2 DESTEFANO EX3 COHEN

EX1 DICKSON EX2 GERRY EX3 PENDLETON

Date: 15

Date: 16

Date: 17

Date: 18

TO3 RIGER TO4 GERRY TO5 POTTS

TO2 TO3 TO4 TO5

CA2 DESTEFANO CA7 RIGER

CA2 SPENCER CA5 LACHMAN CA7 ABELL

PENDLETON ABELL (PM ONLY) LACHMAN SMITH

EX1 SPENCER EX2 FISH

EX1 POTTS (PM ONLY) EX2 DICKSON EX3 LEGALL

EX1 PENDLETON EX2 SMITH EX3 FISH

Date: 22

Date: 23

Date: 24

Date: 25

TO3 ABELL TO4 LEGALL TO5 LACHMAN

TO2 TO3 TO4 TO5

CA2 PENDLETON CA7 POTTS

CA2 SMITH CA5 GERRY CA7 LACHMAN

DICKSON FISH (PM ONLY) DESTEFANO SMITH

EX1 RIGER EX2 GERRY

EX1 LEGALL (PM ONLY) EX2 ABELL EX3 SPENCER

Date: 29

Date: 30

Date: 31

TO3 PENDLETON TO4 SPENCER TO5 RIGER

TO2 TO3 TO4 TO5

CA2 FISH CA7 RIGER

COHEN SMITH (PM ONLY) GERRY LEGALL

EX1 DICKSON EX2 DESTEFANO

EX1 DESTEFANO EX2 RIGER EX3 DICKSON

EX1 PENDLETON (PM ONLY) EX2 ABELL EX3 SPENCER

Calendar of Events Please go to www.bcba.org and click on Calendar for an up-to-date listing of programs, events, and to register for all programs and events.

July/August 2022

The Advocate

5

Court Notices Changes to Estate Fees Good News for Filers of Small Estates Effective October 1, 2022, the probate fees for small estates will be eliminated. A small estate is an estate with probate assets valued at less than $50,000 or $100,000 for a married decedent where the surviving spouse is the sole legatee.

This change makes good policy sense because it spares modest estates from the burden of probate fees, while such fees make up a very small portion of the overall revenue collected by the Registers of Wills across the State. This change also makes the opening of small estates more efficient from an operational standpoint for the Registers’ offices which open more small estates than regular estates In addition to eliminating the small estate fees, House Bill 187 also reduced the probate fees on regular estates $500,000 and below. Estates above $500,000 will see an increase in probate fees under the new law. This chart shows the new fee structure:

If the value of the Probate Estate is at Least (i)

But less than

The fee is

$50,000

$0

(ii)

$50,000

$100,000

$100 (down from $200)

(iii)

$100,000

$500,000

$200 (down from $400)

(iv)

$500,000

$1,000,000

$1,000 (up from $750)

(v)

$1,000,000

$2,500,000

$2,000 (up from $1,500)

(vi)

$2,500,000

$5,000,000

$5,000 (up from $2,500)

(v)

$5,000,000

$7,500,000

$7,500

(vi)

$7,500,000

$10,000,000

$10,000

(vii)

$10,000,000

–

$10,000,000 plus .02% excess over $10,000,000

The controversial fee for filing caveats and other controversial matters has increased from $10 to $20. There is a new set fee of $25 for recordings of an Orphans’ Court proceeding, which did not appear under prior law. Further, proceedings involving foreign personal representative fees are 1% of the gross value of the estate with no cap. All other fees remain unchanged, but HB 187 makes some technical changes to the language of Estates & Trusts §2-206 for clarity.

– Alexis Burrell-Rhode, Esq.

CELEBRATE ACCOMPLISHMENTS IN THE NEW SPOTLIGHT ON MEMBER NEWS! Let us know about any awards, promotions, moves and other news you want to include about yourself or others.

Fill out the online form here, or email rruocco@bcba.org 6

The Advocate

July/August 2022

BCBA Events Past President’s Dinner

Past Presidents, officers, and at-large members of the Executive Council of the BCBA gathered for the annual Past Presidents’ Dinner at Baltimore Country Club in Roland Park on Wednesday, June 8th.

If You Expect the Best in Court Reporting, Demand...

Fast, Reliable, and Accurate...

CRC Salomon has more than 123 years of specialization at your service. One of the Nation’s oldest and most reliable court reporting firms in the country. We provide experienced Reporters, Realtime Specialists, LiveNote, Videoconferencing, Video Depositions, Hearings, Online Scheduling, Transcription services, and Conference Rooms. Mobile access to your documents and scheduling 24/7. Local and National scheduling.

Our portfolio of services include: • Depositions

• Conferences

• Arbitrations • Notaries

• LiveNote™ • Large conferencing facilities

• Hearings • CART Services

Nationwide and Global Coverage

• Realtime

• Video Service by Certified Legal Videographers

• Videoconferencing

• Remote WebDeposition Latest Technologies via Laptop, iPad, and Smart Phone

• All Industry Standard Platforms (Zoom, WebEx, GoToMeeting, MS Teams, Blue Jeans, Etc..)

• Remote Counsel

Headquartered in Maryland with Conference Rooms throughout MD, DC, VA, DE, PA, NC, and Nationwide If you expect the best in Court Reporting and Litigation Support, call CRC Salomon and let us show you how we can help!

Phone 888-821-4888 • 410-821-4888 | Fax 410-821-4889 | www.crcsalomon.com | info@crcsalomon.com

July/August 2022

The Advocate

7

BCBA Events Stated Meeting of the BCBA The June Stated Meeting occurred on June 16, 2022, beginning at 4:30 p.m. This hybrid meeting was held in Ceremonial Courtroom No. 5 of the Old Courthouse and virtually via the Zoom meeting platform.

Outgoing bar president, Stanford G. Gann, Jr., called the meeting to order. On motion, duly seconded, minutes of the February 17, 2022 Stated Meeting were approved. Treasurer Sondra M. Douglas presented a detailed report and noted that the Bar Association remains in sound financial order. President Gann then presented a check for $10,000 to the Educational Foundation of Baltimore County.

The balance of the meeting primarily consisted of reports from the Standing Committees. During the committee reports, the Constitution and Bylaws Committee (Ari Kodeck, Chair) reported the addition of two new committees (i.e., Legal Support Professionals and Judicial Selections). The Long Range Planning Committee (Matthew Nelson, chair) reported that a five-year

8

Strategic Plan, which includes a comprehensive report of strengths and areas of potential growth, has been published. In addition, the Professionalism Committee (Suzanne Farace, chair) reported that the revised BCBA Code of Professionalism was published. Also of note, the Technology Committee (Bill Alcarese, chair) reported that the BCBA mobile app was released this year.

The Slate of Officers for the 2022-23 year was announced.

Following a recount of his year at the helm, President Gann presented the gavel to incoming bar president, John G. Turnbull III. President Turnbull gave a humorous and heartfelt speech that included a story of the starfish.

While casting his vision for the coming year, President Turnbull introduced his friend and colleague Van Brooks, who heads up Safe Alternative Foundation for Education – the Association’s chosen charity for the bar year.

On motion, duly seconded, the meeting was adjourned. A happy hour followed at Barley’s Backyard Bar and Grill.

The Advocate

– Lisa Y. Settles, Esq.

July/August 2022

BCBA Events

July/August 2022

The Advocate

9

The McCammon Group is pleased to welcome our newest Neutral

Hon. Marcus Z. Shar (Ret.) Retired Associate Judge, Circuit Court for Baltimore City The Honorable Marcus Z. Shar has joined The McCammon Group after thirteen years of dedicated service as an Associate Judge on the 8th Judicial Circuit Court for Baltimore City. Prior to his tenure on the bench, Judge Shar enjoyed a successful career in private practice focusing on civil litigation. He is a Fellow of the American College of Trial Lawyers. The author of numerous articles on trial techniques and three editions of a treatise on medical-legal issues, Judge Shar has been an invited speaker for lawyer, judicial, medical, and lay groups around the country. He has served on the Executive Committee of the Maryland Circuit Judges Association and on the Maryland State Judicial Ethics Committee where he drafted a number of the State’s formal ethics opinions. A dedicated educator, Judge Shar served as a distinguished Adjunct Professor at the University of Maryland School of Law and University of Baltimore School of Law, and he was formerly an Adjunct Assistant Professor at the University of Maryland School of Medicine. Judge Shar now brings this exemplary record of excellence and experience to The McCammon Group to serve the mediation and arbitration needs of lawyers and litigants in Maryland and beyond.

For a complete list of our services and Neutrals throughout MD, DC, and VA, call (888) 343-0922 or visit www.McCammonGroup.com

10

The Advocate

July/August 2022

BCBA Events Pro Bono Day On Saturday, July 23rd, the Baltimore County Bar Association Pro Bono Committee held a pro bono day at New Psalmist Baptist Church in conjunction with Maryland Legal Aid and Maryland Volunteer Lawyers Service. The event was a huge success!

At the clinic, 12 volunteer attorneys advised 73 clients on a variety of civil legal issues, ranging from expungement to landlordtenant to family law.

The attorneys in the photo - from left to right are: Joanne Finnegan, Jim Nolan, Chelsea Ortega, Nicole Shaw, James Rhodes, Makeda Curbeam, Kelly HooperMcCamey, Ruben Ballesteros, Janine Scott, Margaret Henn, and Krystle Samuels. (Matt Paavola and Tony Balsamo also attended but missed the picture!).

The Attorneys’ Preferred Insurance Program Advising and Protecting the Legal Profession Reduce R isk to Yo ur P r ac t ice Today The Attorneys’ Preferred Lawyers’ Professional Liability Insurance Program, offers proprietary policy enhancements, designed to mitigate claims before they arise.

Call today to speak with a Professional Liability Specialist

1.855.USI.0100

www.usiaffinity.com/attorneyspreferred

July/August 2022

The Advocate

11

BCBA Spotlight Patti Lucchesi’s Retirement It’s the end of an era.

After 47 years of dedicated and remarkable service, Patti Lucchesi has left the building (and is enjoying her very much deserved retirement).

Patti’s legacy of service to the citizens of Baltimore County, the Bar, and the Bench began in earnest in 1975 when she started working as a full time clerk in the Criminal Department (during the summers of 1973 and 1974, Patti was “summer help”). To put that in perspective, when Patti began working at the Courthouse, a first-class stamp cost .10 and a loaf of bread cost .33. Mood rings, pet rocks, and Pez candy were popular and the Captain and Tennille’s “Love will keep us together” was the No. 1 song. Judge Robinson wasn’t even born yet.

Patti rose through the ranks and was promoted to Head of the Criminal Department in 1989. She subsequently assumed the position of Director of Central Assignment in 2001. In that role, Patti was a problem solver. She embraced the fast paced and constant challenge of scheduling and moving both criminal and civil cases. She was tactful yet tenacious in those efforts, often roaming the halls with “her book” in search of available judges and/or attorneys.

Our current President, John Grason Turnbull, III, has been a fixture in the Courthouse for years. He distinctly remembers a time when he was clerking for the Honorable Thomas J. Bollinger, Jr. The judge “was trying to assist in reaching a plea agreement after the defendant requested a jury trial. Judge Bollinger said with a deep and booming voice ‘Mr. Clerk summon the Assignment Commissioner.’ Judge Bollinger made it sound like some ominous creature was being summoned from the dungeon of the courthouse. Then all 100 pounds of impeccably dressed Patti came upstairs clickety-clack in heels and into the back of the courtroom. But by then, the case had resolved.”

When Patti started, typewriters and rotary phones were modern day machines. Ashtrays sat on desks. During her decades at the Courthouse, Patti worked with three completely different computer systems—Promise, UCS, and then MDEC. While not always excited about the changes, Patti mastered them.

During her epic tenure, Patti consistently worked well with the Bench and Bar. With considerable aplomb, she adjusted to the varying personalities of those with whom 12

Patti Lucchesi she worked, including at least five different administrative judges. She is remembered as dedicated, caring, organized, and dogged in her determination to provide timely trial dates to the litigants and lawyers. In a word, Patti cared. She cared deeply.

Administrative Judge Ruth Ann Jakubowski is particularly appreciative of Patti’s efforts. She offered: “I had the opportunity to work directly with Patti when I was appointed Administrative Judge in December, 2020.

Patti worked hard to keep cases moving, which was a challenging task at times, particularly during the height of the COVID pandemic. She was always dedicated to our court over her many years of service.”

The Honorable Barbara Kerr Howe, who retired from active service on the Bench in 2001, but has been working tirelessly and effectively in Settlement Court ever since, provides a concurring opinion, confirming that “Patti was always supportive of the Settlement Court and was careful to ensure that dates were available for continued conferences and trials.”

When asked what she liked best about her work at the Court, Patti immediately mentioned the people. She loved “interacting with courthouse personnel and the public.”

She is proud to have led a “cohesive” group that “got things accomplished.” According to Kelly Schulte, who, in her capacity as Assistant Director of Central Assignment,

The Advocate

July/August 2022

BCBA Spotlight

worked with her for over seven years, Patti was extremely knowledgeable and wanted “things done well.” Patti had very high standards and was devoted to her department.

Erin Smith, who is our current Interpreter Coordinator and worked with Patti for almost five years, agrees and offers that “Patti always told us we had to be 98% right in everything we did. No one could ever be perfect but truly I believe Patti was almost at 100% every day. Her wealth of knowledge when it came to judicial practices was truly amazing. Patti had an answer for absolutely everything at the drop of a hat; no issue ever stumped her. I am proud to have worked for such a knowledgeable and talented boss. She is truly missed.”

Magistrate McBee, who practiced law for a measly 35 years prior to serving in his current role, remembers Patti as being “extremely approachable” and “protective of her staff.” He describes her as “always keeping her head while those around her—judges, litigants, and lawyers— were quickly and clearly losing theirs.” He loves that Patti hated placing cases on standby.

In addition to her hard work and dedication to excellence, Patti is remembered for her extensive institutional knowledge. Perhaps the Honorable Kathleen Gallogly Cox put it best when she said: “Throughout my entire 20+ years on the bench, Patti was a constant. If you wanted to know why some process existed, she would have the answer, and if you gave her five minutes she would dig up some dog-eared memo or ancient email establishing it.

And if you ever thought about changing a protocol, Patti

July/August 2022

was an essential voice at the table. She could see things from all perspectives and anticipate where problems or objections would lie. And she worked tirelessly – if you called on the secret “judge’s line” at 7:00 or 7:30 a.m.

Patti was often the person who picked up the phone, already addressing the unanticipated glitches of the day.

She is missed and will be a hard act to follow.”

When considering what trial practice will be like without Patti, former BCBA President Steve Nolan recalled that Patti’s first summer as an intern in the Criminal Department in 1973 coincided with his first summer as a law clerk to J. Earle Plumhoff. “Throughout my many years at the bar, Patti was always mindful of the challenges that trial lawyers face and she worked hard to find a trial or hearing date or a judge so that clients could have their ‘day in court.’ Her unflappable professionalism, many kindnesses and smile will not be forgotten.”

Not one to let grass grow under her feet, Patti is currently quilting, gardening, and tackling (herself) several home improvement projects. When last we spoke, she had just finished re-grouting her bathroom and was about to embark on a basement re-cementing project. Most of all, however, Patti enjoys getting together for a meal with friends. Given her abundance of friends, this alone will keep her very busy.

Patti, we miss you, are grateful for your many years of extraordinary service, are impressed by your construction prowess, and wish you the very best in retirement.

The Advocate

– The Honorable Judith C. Ensor 13

BCBA Spotlight Member Spotlight on Jane Santoni Jane Santoni has been a member of the BCBA since 2008, and is a founding partner of Santoni, Vocci & Ortega, LLC, a three-person firm focused on tenants’ rights, consumer rights, class actions, and personal injury litigation. The firm’s offices are located in Timonium.

Jane received her Bachelor’s Degree in 1983 from Loyola College (now Loyola University of Maryland), having majored in political science, and received her Juris Doctorate from the University of Maryland, where she served on the Moot Court Board. She was admitted to the Maryland bar in 1986.

Jane knew she wanted to be a lawyer since she was a pre-teenager. She knew she wanted to “fight for other people.” Upon graduating from law school, she started off working with a plaintiffs’ firm. She then worked as a special aide for Governor William Donald Schaefer and helped to write a position paper as to why the Camden Yards sports complex should be built. She also helped to prepare the Maryland Board of Public Works with pre-meeting information. At the time, Jane recalls that Governor Schaefer would frequently comment on the high cost of legal billings to the State. When Jane eventually left the position, Governor Schaefer gave her a print of the Maryland State House with a humorous note “keep those fees down.” Jane then clerked for a circuit court judge in Anne Arundel County before accepting an in-house legal position for USF&G, which became part of St. Paul Insurance Company. She worked there for 14 years, from 1988 to 2002, ending as a senior trial attorney.

In late 2002, she began practicing with Joe Williams at the firm of Williams & Santoni, LLC where she practiced for another 14years. In 2016, she helped to found her current firm.

Currently, about 80% of the firm’s cases involve tenant rights, such as illegal evictions, illegal leases, premises conditions, problems with rodents or bed bugs or sewage issues. Often, landlord tenant issues are combined with personal injury issues and in some instances result in class action lawsuits. The firm had also focused on Lemon Law and vehicle consumer financing litigation; however, arbitration clauses have cut into the ability for consumers to seek jury trials in many cases—an issue of concern to Jane.

Jane has been recognized with several honors including a 2014 Daily Record “Leader in the Law” award and “Consumer Advocate of the Year” by the National 14

Jane Santoni Association of Consumer Advocates in 2015, and Jane and the firm have been recognized for their pro-bono work by the Public Justice Center and Maryland ProBono Resource Center. She has taught many classes and seminars on various consumer protection subjects, law practice, and trial practice.

Jane and her husband of 31 years have three adult children, now in their twenties. They have an “empty nest.” She is grateful that she can mostly now work four days a week. While she believes in hard work, she also strongly believes in work/life balance and lawyers having adequate time to devote to family, exercise, physical and mental health, hobbies and other pursuits.

In Jane’s case, one of those pursuits is playing in her band. When she was 10 years old, she took guitar lessons, and she played until she was about 18 years old. Back then, she formed an all-girl band in her basement, and she wanted to play like Jimmy Page in Led Zeppelin.

She would find some sheet music, but it was hard to find someone to “teach her the moves” to be as good as she wanted to be, so she gave up for a while. She hadn’t played in 22 years when, in 2002, during a brief layoff from St. Paul Insurance, she started taking lessons again.

She discovered guitar tabs (tablature, known as tabs is a method of notating music that helps to learn songs quickly). Also, now a budding musician can go online

The Advocate

July/August 2022

BCBA Spotlight

and watch all kinds of videos and find other information on how to learn music and songs. One day, her former partner, Joe Williams, walked in the office and gave her a Fender Stratocaster guitar and he wanted her to play at the “Greenway Road Music Festival.” They formed a band known as the “Objections,” constituted of mostly lawyers. The band split up, but a new band called “Off the Ladder” was formed with some of the members of the prior band. The band has been together for six years now. Jane plays lead guitar. They have played at Ryleigh’s Oysters, Padonia Park Club, Basignani Winery, the Jacksonville fireworks, Sunset Festival in Easton, MVLS fundraisers, Young Lawyer fundraisers, private events, and bars. According to Jane, the band likes to play “fun pop music that makes you glad you are alive.”

Sometimes, Jane’s daughter sings with the band and her husband occasionally sings and plays trumpet. They mostly do covers, although the keyboardist does write some original music. Playing music brings Jane “pure joy” and she feels very fortunate that she has found a hobby that makes her so happy. She believes music is “ageless” and her advice to anyone who used to play and gave up is to pick it back up, and don’t worry about whether you are bad or good.

The websites for the band are: www.mdparty.com/offtheladder and www.facebook.com/offtheladdermaryland.

– Michael Barranco, Esq.

Shine the Spotlight on you or a BCBA Member you know!

Click Here or email rruocco@bcba.org

July/August 2022

The Advocate

15

BALTIMORE COUNTY BAR ASSOCIATION

BASEBALL, CRAB FEAST & FIREWORKS

Adults - $75 Children 12 & Under - $40 FRIDAY, AUGUST 5 6:00 PM LEIDOS FIELD AT RIPKEN STADIUM ABERDEEN, MD PRICE INCLUDES: GAME TICKET, CRABS, HAMBURGERS, HOT DOGS, MAC & CHEESE, SALAD, DESSERT, SODA, BEER

GENEROUSLY SPONSORED BY:

PURCHASE TICKETS HERE 16

The Advocate

July/August 2022

BCBA Spotlight Law Clerk Edward Healy Edward Healy currently serves as a judicial law clerk to the Honorable Nancy M. Purpura in the Circuit Court for Baltimore County. Eddie is a Baltimore native who grew up in Northwood. For those who remember the Perring Place Restaurant, Eddie’s dad was the manager for decades.

Eddie attended Calvert Hall High School, where he played lacrosse and basketball. After graduating from Calvert Hall in 2008, Eddie chose to stay local and attend Loyola College in Baltimore to obtain his bachelor’s degree in Business Administration. Eddie played club lacrosse and various intramural sports, including flag football and softball. Throughout college, he also coached basketball, soccer, and lacrosse at the School of the Cathedral, where he attended grade school.

After graduating from Loyola, Eddie attended the University of Maryland Francis King Carey School of Law, concentrating his studies in business law. While at UMD, Eddie participated in numerous extracurricular activities. He was the class president of the Student Bar Association during his last two years at UMD. He was also the President of the Entertainment, Arts, and Sports Law Association on campus, where he worked on bringing back the annual sports symposium and getting students to participate in negotiation competitions.

By his fourth year of law school, UMD had eight students competing in the Tulane baseball, basketball, and football competitions. Eddie’s football team was a quarterfinalist in the 2021 competition.

Channeling his love for sports and the law, Eddie did three internships in different departments with the Baltimore Ravens from 2012-2014: ticket office customer service, public relations, and personnel. He also wrote a game day feature story on Haloti Ngata, which the Ravens featured on the team television show and website.

In 2019, Eddie worked as a management council summer law clerk for the NFL in New York. He conducted legal research and wrote memoranda on grievance issues under Articles 15, 43, and 44 of the Collective Bargaining Agreement (“CBA”) for senior vice presidents. He also participated in CBA negotiation planning meetings and conducted negotiation research for multiple attorneys.

July/August 2022

Edward Healy Eddie also worked as a project coordinator for the Maryland Stadium Authority, Capital Projects Development Group.

He was a member of the Procurement and Compliance business unit for the 21st Century School Building Program and reviewed contracts for compliance with the Code of Maryland Regulations.

When asked about what he learned through his clerkship with Judge Purpura, Eddie said, “I think seeing the operation of court every day was a helpful context for how to do my next job at a law firm. I’m the first lawyer in my family, so I really didn’t have any context for the profession at all when I started applying to schools.” He also watched attorneys present arguments in visually appealing ways for jurors – which is a tool he can use in his future legal career.

During his free time, Eddie enjoys playing golf, basketball, and pickleball. He also just revisited one of his childhood hobbies – collecting sports cards. He mainly collects older Baltimore sports cards dating back to the 1970s and earlier. Eddie will be starting as an associate attorney at Wright, Constable & Skeen, LLP, after his clerkship.

The Advocate

– Erika C. Surock, Esq.

17

BCBA Spotlight Sponsor Spotlight on CRC Salomon If depositions are part of your law practice, then you probably already know about CRC Salomon, one of the oldest court reporting companies in the country. Founded in 1898, CRC Salomon is still locally owned and operated, becoming more unusual as many smaller local court reporting companies have been acquired by large, national companies in recent years. CRC Salomon is Baltimorebased, primarily operating in the Baltimore metropolitan area, but they offer their services all over the country and even overseas. CRC Salomon court reporters handle depositions, but they also do a lot of transcription work, provide interpreters, and support hearings and mediations.

“We take a lot of pride in the fact that we are locally owned and operated,” said Chris Brooks, Account Executive. Brooks, who has over 20 years of experience in the litigation space, previously worked for a multinational court reporting company and wanted to work for a smaller local company that was more attentive to its clients. “CRC is able to give a more personal, concierge level of service to our clients,” said Brooks.

In addition to Brooks, CRC Salomon customers likely know Denny Rudolph, who also handles business development for CRC. Denny has been in the industry for 40 years and is well-known in the legal community.

“Denny brings a huge amount of experience to CRC, and he also serves as my mentor,” said Brooks.

Like virtually every business in America, the COVID-19 pandemic forced CRC Salomon to pivot. CRC Salomon used the pandemic as an opportunity to focus their business on virtual platforms and supporting their clients during

what was a very challenging time. They were able to do so while remaining competitive with their pricing. As a result, CRC Salomon picked up a significant market share during the pandemic. “During COVID, we waived costs associated with remote depositions and quickly became very good at doing remote depositions,” said Brooks. Even now, Brooks is not seeing their clients return to in-person depositions at the same level as pre-pandemic.

Brooks attributed the company’s success during the pandemic to being very familiar with the relevant technology. Knowing that switching to a virtual platform

Download the NEW Baltimore County Bar Asssociation App on Google Play or App Store

18

The Advocate

July/August 2022

BCBA Spotlight

may have a steep learning curve for many clients, CRC Salomon was very aggressive about training their client base on how to use the various virtual platforms. For CRC Salomon, it was an easy transition because they were already familiar with the technology and could focus their efforts on robustly supporting their clients as they made the transition.

“When I couldn’t be out there selling our services, I spent a lot of time supporting depositions and getting our clients comfortable with it. We had the resources to do that. We also have an extremely strong Chief Operating Officer, Rob Deziel, who has an extensive background in technology, so he really made it easy for our clients,” said Brooks.

“If you were to ask our clients what they love about working with us, they will say that when they call, they always speak to Lisa or Ellen in the office. They get to deal with the same people. Clients also praise our production team,” said Brooks.

CRC Salomon’s main office is conveniently located in Pikesville, at the corner of Falls Road and Old Court Road. In addition to their services, they offer conference rooms for depositions or client meetings (in Pikesville and elsewhere), many of which are free of charge (and have free parking). To learn more about CRC Salomon or to inquire about their services, you can find them at www. crcsalomon.com or reach out to Chris Brooks directly at cbrooks@crcsalomon.com or 703-403-2659.

In addition to their excellent customer services, for which they have become well-known, CRC Salomon – Tracee Orlove Fruman, Esq. is also an integral part of the community. For example, during the pandemic, when high school mock trial teams could not prepare in person, CRC Salomon assisted the teams with setting up virtual rooms such as Google Meets, MS Teams, and Zoom.

Brooks describes a “great BALTIMORE COUNTY BAR ASSOCIATION partnership” with MYLaw INVITES YOU TO THE (Maryland Youth & the Law), a non-profit, educational organization that provides YOUNG LAWYERS COMMITTEE leadership, life skills, and civic awareness to Maryland PLANNING MEETING youth through unique, realworld, law-related learning August 18, 2022 | 5PM opportunities such as mock Charles Village Pub and Patio trial. During the mock trial 19 W Pennsylvania Ave. competition, CRC ran virtual

+

rooms for 120 plus high school teams simultaneously.

“We’ve now taken it to the next level so that we’re not only helping with the technology, but we also assist with the fundraising [for MYLaw],” said Brooks. And, of course, CRC Salomon has been a longtime sponsor and friend of the Baltimore County Bar Association.

July/August 2022

Join us as we plan the year ahead for the Young Lawyers Committee. Appetizers and drink tickets provided.

REGISTER HERE Generously sponsored by:

The Advocate

19

Committee Reports Bench/Bar Committee: June 2022 The final Bench/Bar meeting of the calendar year 2021/2022 took place via Zoom on Thursday, June 9th, with chairperson Debra Thomas presiding.

A flood in early June impacted hearing rooms B and C. Both were temporarily out of commission until mid to late July.

Administrative Judge Ruth Jakubowski reported that the Circuit Court is still very busy but is working at full capacity. Concerning criminal matters, as of September 23, 2022, the 3:30 docket will be eliminated, but morning dockets will remain staggered. Since March 7, 2022, 18 criminal jury trials have been conducted, while the State resolved many other cases by stet, nolle prosequi, or plea agreement after jury selection. Ten cases were also converted to bench trials. All courthouse personnel are working collectively to move cases aggressively. With regard to civil matters, since March 7, 2022, 36 civil trials have been held, with 165 settled before jury selection.

The civil settlement court has been doing a great job settling family and general civil matters. If you need to request a postponement of a settlement court date, this must be done far enough in advance with enough notice; otherwise, it will not be granted. On motions to modify scheduling orders, even if they are done by consent, the movant is encouraged to provide specific details as to why the scheduling order needs to be modified, and there should be a very good reason if you are seeking to postpone the settlement conference date. The Circuit Court is still entertaining requests for remote hearings; however, these requests need to be made well in advance, especially if the other side objects which will require a hearing in advance of the remote hearing. The court is encouraging the parties to conduct certain matters remotely, but again, this request must be made well in advance and not at the last minute.

Julie Ensor provided the Circuit Court Clerk’s report and stated that the clerk’s office underwent an audit for 2017 through 2021, which yielded no findings. The clerk’s office will be initiating an online payment system for the licensing department which should be up and running by mid-July, and if that proves to be successful, they expect to roll that out to other areas, including the judicial records department. The Land Use area in the courthouse is undergoing renovations and should be completed by the end of June. Concerning staffing, 20 open positions have been filled so far this year, but 15 vacancies still exist that are expected to be filled in the coming months.

There are three positions currently open. Master Terry Beck recently retired, and interviews will be conducted to fill that position in July. The Director of Central Assignment position is now open upon Patty Lucchesi’s retirement. Also, a new position for a lawyer, entitled Civil Case Manager, will be created and will work with Judge Judy Ensor and the DCM unit.

The lease with the American Legion Hall has been extended through September 30, 2022, and it seems to be working well. On certain days, they pick multiple juries.

It would be desirable to extend the lease through next summer since they are currently working on constructing a new jury assembly room in the courthouse that is projected to be complete by July 2023.

20

Magistrate Dilip Paliath provided the Magistrate’s report and advised that when filing a marital settlement agreement, there is no need to include a Notice of Restricted Information form unless confidential information is contained within the agreement. Family Services are not charging any fees anymore except in the case of mediations. Currently, about a 48-hour lag between the filing of a pleading and it being uploaded to the digital file is occurring, so please file your pleadings, requests, and other documents well in advance.

Judge Arthur Frank reported on behalf of the Orphans Court and advised that hearings are still being heard via Zoom, but the requests must be made at least 15 days in advance. Such requests are being liberally granted, especially for non-evidentiary hearings.

Ms. Alexis Burrell-Rohde reported on behalf of the Register of Wills and advised that they have resumed taking walk-ins, but the front door continues to be closed for safety reasons. As a result of COVID, there has been a noticeable increase in the number of estates being open, so the Register of Wills Office has been very busy. As of October 1, 2022, there will no longer be any small estate fees, but other aspects of the fee structure will be changing, so please check the fee schedule after October 1st. The Advocate will publish the updated fee schedule.

Administrative Judge Dorothy Wilson reported on the District Court bench and advised that they have resumed scheduling all types of District Court matters, and she commended the clerk’s offices in each of the courthouses for working diligently to get the cases scheduled on the dockets. Since there is still a small backlog in civil tort

The Advocate

July/August 2022

Committee Reports cases, pretrial conferences are available in such cases and are conducted remotely by retired Judge Tirabassi. If you file a request via MDEC it will be set in for a pretrial conference. The Mental Health and Adult Recovery Problem Solving Courts are up and running. If you want to request that your case be referred to either of those courts, you can submit the referral form in advance of your trial date. It will be referred for an eligibility determination by the Problem Solving Court staff and then reviewed by the State’s Attorney’s Office.

the Committee can start scheduling in-person presentations for the portraits that have been completed during the pandemic. The new portraits are hung in courtrooms 2 and 12.

Beginning June 6, 2022, the District Court will begin a pilot program in which they will be accepting Failure to Pay Rent cases electronically.

– Stuart Schadt, Esq.

Ray Santini reported on behalf of the Diversion and Inclusion Committee and thanked all of the panel speakers who spoke during the series of “What Diversity Means To Me,” and advised that the last segment of the speaker series is scheduled to be held on June 9th at 4:30 PM with County Executive Johnny Olszewski as the guest speaker.

Administrative Clerk Maria Fields provided a report on behalf of the District Court administration and advised that there has been a large turnover in staff recently with many vacancies, but they have been able to fill them and are currently at 99% capacity, but please be patient because a lot of the new staff members are still currently training.

Please double-check any of your filings, and please feel free to ask for a supervisor if you note any discrepancies or issues.

Stan Gann provided his report of the Executive Council and advised that the BCBA is the first Bar Association in Maryland and the second in the country to have its own app. You can find the BCBA app on the App Store. The app lists committee members, making communicating with others amongst your committee easier. He reported that the annual stated meeting is scheduled for June 16, 2022, when he will pass the gavel to Jack Turnbull.

States Attorney Scott Shellenberger reported that they continue to be very busy and ask everyone to be patient, especially with respect to the high volume in the District Courts. They are doing everything they can to keep up with the dockets now that they have ballooned to such heavy volumes. Just like that District Court clerk’s office, there has been a significant turnover of assistant state’s attorneys, some of whom are still training.

Public Defender James Dills advised that their office has seen some spikes in COVID cases, so their staffing and resources have been depleted. However, despite being swamped, they are doing well juggling everything. A new Assistant Public Defender is beginning July 1st, and there are still two vacancies for attorneys and three staff vacancies, but he expects them to be filled in the relatively near future.

Harry Chase reported from the Portrait Committee and advised that Judge John Hennegan’s portrait is almost finished. He is hopeful that as COVID continues to wane, July/August 2022

Be Treated Right. Be Treated Well. Really.

W Baltimore CATONSVILLE

NW Baltimore OWINGS MILLS

N Central Baltimore TOWSON

Midtown Baltimore CHARLES VILLAGE/REMINGTON

410.356.9939

www.HQChiro.com

NE Baltimore WHITE MARSH

Downtown Baltimore FEDERAL HILL

ContactUs@HQChiro.com

Attorney Portal • Central Scheduling/Billing • Same-Day Appts • Transportation

The Advocate

21

Stuart Axilbund Mary Chalawsky Marissa Joelson William Kerr Richard Lynas Jay Miller Gary Miles

22

saxilbund@axulbund.com chalawsky@gmail.com MJoelson@lawpga.com wlawkerr@verizon.net lynas.richard@yahoo.com JMiller@lawpga.com gary@lawhjm.com

Jose Molina Sam Moxley Joseph Murtha Karen Pilarski Bill Saltysiak Thomas Tompsett, Jr.

The Advocate

jamolinalaw@gmail.com smoxley@baltimorecountymd.gov jmurtha@mpllawyers.com karenapilarski@gmail.com wsaltysiak@gmail.com tommy.tompsett@mdlobbyist.com

July/August 2022

Committee Reports Family Law Committee:

Welcome to Susan Terlep, Director of The Office of Family Mediation For those of you who do not already know Susan Terlep, please allow me to introduce you to my former boss, current colleague, and longtime friend. Susan was recently selected to head the Office of Family Mediation in the Circuit Court following Anna Walsh’s departure to the Court of Special Appeals.

Susan graduated from Mary Washington College in 1978. She received her Master’s Degree in Spanish from the University of Delaware. It was her original intention to work for the U.S. Department of State in the Foreign Service division. However, her plans changed, and she decided to attend law school at William and Mary in Williamsburg, Virginia. Susan obtained her JD in 1986.

Following graduation, Susan worked for Burke, Gerber, Wilen, and Francomano in Baltimore City for approximately two and a half years before joining Azrael, Gann, and Franz (“AGF”) in Towson. While at AGF, she handled all of the firm’s family law cases and eventually became a managing partner. Yours truly was fortunate enough to be hired as a second-year law clerk at AGF back in 1992 or 1993 (who can really think back that far?). Susan solidified this writer’s passion for family law.

While in her twenty-third year of practice at AGF, Susan made the decision to venture out on her own. To that end, she hung out her shingle, so to speak, on Washington Avenue in the heart of Towson. For the next eleven years, she operated as a solo practitioner handling mediation and family law cases exclusively.

Over the years in which she had her own practice, Susan would often attend a Retreat in the Poconos Mountains for some R and R. Soon, the owner asked Susan to give presentations and/or facilitate conversations with guests concerning subjects such as surviving divorce, getting a handle on finances, stalking/domestic violence, and other topics. When the owner pivoted to a Bed and Breakfast model for the establishment, she asked Susan to manage the operations of the B&B. Believing that the time had come for a change, Susan closed up her practice and headed to the Poconos in October of 2021.

By December, however, Susan was having significant misgivings, realizing that she missed family law and Towson itself.

Susan Terlep County website and found the notice seeking applicants for the open Family Mediator position. Susan applied that week and was offered the position following the interviews. Soon after taking the position, Anna Walsh announced that she had been offered a position at the Court of Special Appeals. Susan applied for the Director position after the notice was run. Interviews were held and Susan was offered the position of Director in April 2022.

Susan advises that she is thoroughly loving her new role and she actually looks forward to Monday mornings!

Everyone has been quite welcoming, and Susan is enjoying the combination of actively mediating, managing the office, and helping develop further protocols and best practices.

In her spare time, Susan enjoys hiking and international travel (when possible between the pandemic and her new employment). She has returned to live in the heart of Towson and is within walking distance of the courthouse.

Please give her a warm welcome when you see her at the courthouse or on Zoom!

On January 8, 2022, after returning to Towson for her son’s birthday, Susan happened to log on to the Baltimore July/August 2022

The Advocate

– Catherine Woods, Esq.

23

Get Back on Track with the Vision You Once Had for Your Business Now is the time to regain perspective and become strategic to make your vision a reality.

Become the CEO of your firm, your career and your life. Now is the time to face reality, identify exactly where you want to take your practice and map out a course of action to make it happen.

Our Small Business Advisory is a coaching and accountability program delivered quarterly in which we provide the structure and tools necessary for you take a step back and see the “big picture.”

Growth Solutions Team’s Small Business Advisory Program provides you: Structure to map out your vision, goals and a plan to achieve them

Real world, “Boots on the Ground” help from our Team to get your practice where you want to go

Content designed to further your knowledge and apply it immediately in your role as the leader in your organization

Private, individual coaching sessions to hold you accountable

Interact with colleagues to share ideas and gain insight from their experiences

Direction on how to leverage your resources Strategies to seize opportunities and reach your potential

Accountability is your KEY to success!

Growth Solutions Team offers a wide variety of coaching solutions and tools for your practice to establish goals and help you meet them. Contact us today to determine the right solution for your practice. Because your practice is a BIG deal.

Phone: 443-501-2201 | Email: office@GSTeammail.com | GrowthSolutionsTeam.com

24

The Advocate

July/August 2022

Committee Reports Family Law Committee: Legislative and Case Law Update & Happy Hour Attending the legislative/case-law update hosted by the BCBA Family Law Committee has become an annual ritual for many local family lawyers. This year’s update was well attended and held in person for the first time since 2019. Featured presenters included Richard Jacobs, Esq. and Ilene Glickman, Esq. Notably, Mr. Jacobs has remained a perennial fixture at this event, presenting since 1995, when topics included grandparent visitation, developments in pension awards, and the court’s authority to transfer title to the family home between divorcing couples. Fast forward 27 years later, third-party visitation remains the subject of evolving appellate case law, particularly with the recognition of de facto parent status. Of particular interest was B.O. v. S.O., 252 Md. App. 486 (2021), which provides valuable insight on the proper application of the Conover factors. The Court of Special Appeals held that a third party’s failure to prove the first factor for parental consent is, in and of itself, fatal to a claim for de facto parent status. Consequently, a trial court is not required to proceed with further analyses if a third party fails to carry this first criterion’s threshold burden of proof.

Ms. Glickman provided an exhaustive review of the 2022 legislative session, which yielded only modest changes that impact family law practitioners. Indeed, for most family lawyers, all eyes remain focused on amendments to existing child support laws that passed in 2021 but recently took effect on July 1, 2022.

The revamped Child Support

Guidelines include an expanded ceiling for cases where parties have combined adjusted actual income of up to $30,000 per month.

Last but not least, we heard from Chelsea Ortega, Esq. and Wendy Meadows, Esq. regarding opportunities for mentorship and pro bono representation with MVLS, including reduced fee cases. MVLS has seen an increase in the number of qualified clients with cases that remain unassigned due to a lack of volunteer attorneys. BCBA family lawyers are uniquely qualified to support MVLS given the overwhelming demand for pro bono volunteers in our area of concentration.

We were reminded that this meeting concludes Chris Malanga, Esq.’s term as Chair of the Family Law Committee. Chris deserves our gratitude for her dedication throughout the past year, coordinating events that covered a diverse array of topics and guest speakers.

She also safely navigated our resumption of in-person meetings. As a parting gesture, Ms. Malanga thanked her predecessor, Wendy Meadows, Esq., for her advice and guidance throughout the past year. We also extend our appreciation to Alan Billian, Esq. and Scheurman Law, LLC for sponsoring the post-meeting happy hour and look forward to seeing everyone next year.

– Jason E. Cuomo, Esq.

Experts in Elder Law, Estate and Special Needs Planning

Medical Assistance Eligibility Planning and Asset Protection Disability Planning / Special Needs Trusts / Veterans Benefits Healthcare Directives / Living Wills Trusts / Estate Planning and Administration Wills / Powers of Attorney / Guardianship 410.337.8900 | www.frankelderlaw.com | 1.888.338.0400 Towson, Columbia, Easton

July/August 2022

The Advocate

25

Banking built for law firms Nota is a business banking platform designed specifically for solo and small law firms. And it won’t cost you a thing — just open a business checking or IOLTA at M&T.¹

Are you ready to make your life easier?

Law Tech Integrations Connect your bank account with with Clio, QuickBooks and LawPay Minimize time spent in multiple systems

Premier Service Support from real humans who know law firms Branchless account opening saves you time

Best-in-class Pricing No monthly maintenance fees No wire or ACH fees Higher mobile check deposit limits

Visit trustnota.com today 1 There is no charge for the use of Nota. M&T Bank’s standard deposit account and service fees may apply if not enrolled in Nota.

Banking services powered by M&T Bank, Member FDIC. Nota is a product/service offered by M&T Bank and is available to attorneys whose offices and practices are in NY, NJ, MD, PA, DE, CT, VA, DC, FL, or WV. IOLTA accounts held by lawyers in these states must be subject to applicable state rules and regulations. The advertised product/services and their features and availability are subject to change without notice at any time. Use of the product/service is subject to and governed by certain terms, conditions, and agreements required by M&T Bank. © 2021 M&T Bank. All Rights Reserved.

26

The Advocate

July/August 2022

Committee Reports Criminal Law Committee: Criminal Law Update In re: D.D., No. 27, September Term, 2021 In the ever-evolving landscape of marijuana law in Maryland, we have a new installment compliments of the Court of Appeals. In re: D.D., No. 27, September Term, 2021, answers the question, “Does the odor of marijuana provide reasonable suspicion of criminal activity sufficient to justify a brief investigative detention or Terry stop?”

The Court answered the question in the affirmative.

In November of 2019, two Prince George’s County police officers responded to a call at an apartment complex for a complaint of loud music and an odor of marijuana. As the police arrived, a group of five young men attempted to leave the building but were told to sit down on the stairs.

The police noted a strong odor of marijuana coming from the group. The young men refused to answer questions about where they lived. In the case of the Petitioner, D.D. exhibited “evasive” behavior that led the police to believe he might be armed. The police patted down the group and recovered a gun from one of the other young men, possibly a BB gun, and a loaded handgun from D.D.’s waistband.

The Court reviewed the many developments in the odor of marijuana case law and ultimately held that “the odor of marijuana provides reasonable suspicion of criminal activity to conduct a brief investigatory detention. Thus, the officers’ initial stop of D.D. did not violate the Fourth Amendment. We also conclude that the discovery of a weapon on one of D.D’s companions, combined with the group’s evasive behavior and other circumstances, provided the officers with reasonable suspicion that D.D. was armed and dangerous. Thus, the pat-down that lead to the discovery of the gun on D.D. also was reasonable.”

Slip Op. at 2-3.

The opinion is a straightforward application of both the Terry doctrine and the legal basis for a pat-down for weapons. However, what is most useful from the case is the recap of the history of the odor of marijuana case law following the partial decriminalization of marijuana by the Legislature in 2014. While I recommend reading the opinion, here is a quick reference list:

Bowling v. State, 227 Md. App. 460 (2016) held that a K9 alert for the odor of marijuana in a vehicle continued to justify the warrantless search of an automobile by application of the Carroll doctrine. Id. at 476. “Although the Maryland General Assembly made possession of less than 10 grams of marijuana a civil, as opposed to criminal, offense, it is still illegal to possess any quantity July/August 2022

of marijuana, and marijuana retains its status as contraband.” Id.

Robinson v. State, 451 Md. 94 (2017) held that “a law enforcement officer has probable cause to search a vehicle where the law enforcement officer detects an odor of marijuana emanating from the vehicle.” Id. at 125. “Despite the decriminalization of possession of less than ten grams of marijuana, the odor of marijuana remains evidence of a crime. The odor of marijuana emanating from a vehicle may be indicative of crimes such as possession of more than 10 grams of marijuana, possession of marijuana with intent to distribute, or the operation of a vehicle under the influence of a controlled dangerous substance. . . It is unreasonable to expect law enforcement officers to determine, based on odor alone, the difference between 9.99 grams or less of marijuana and 10 grams of marijuana.” Id. at 133-34.

Norman v. State, 452 Md. 373 (2017) held that “where an odor of marijuana emanates from a vehicle with multiple occupants, a law enforcement officer may frisk an occupant of the vehicle if an additional circumstance or circumstances give rise to a reasonable articulable suspicion that the occupant is armed and dangerous.” Id. at 411. The totality of the circumstances must provide individualized suspicion that the individual subject to the search is armed and dangerous, the odor of marijuana alone will not justify the pat-down. Id. at 412.

Pacheco v. State, 465 Md. 311 (2019) held that while the odor of marijuana emanating from the vehicle would justify the search of the vehicle, it did not in and of itself provide probable cause to arrest the driver and thus search him incident to arrest. Id. at 333. “The same facts and circumstances that justify a search of an automobile do not necessarily justify an arrest and search incident thereto. This is based on the heightened expectation of privacy one enjoys in his or her person as compared to the diminished expectation of privacy one has in an automobile.” Id. Finally, Lewis v. State, 470 Md. 1 (2020) held that the odor of marijuana on a person, without more, does not provide probable cause to arrest the person and to conduct a search incident to arrest. Id. at 27. “[F]or the arrest and search of a person ‘to be supported by probable cause, the police must possess information indicating possession of a criminal amount of marijuana.’” Slip op at 17 (quoting Lewis, 470 Md. at 27.).

– Jennifer W. Ritter, Esq.

The Advocate

27

A Debt-Relief Agency Serving all of Baltimore County for over 25 years, we represent business and personal bankruptcy— we can help you get back to normal.

CALL 1-800-BANKRUPT The Law Offices of Nicholas J. Del Pizzo, III Baltimore, Maryland • 410-288-5788 28

The Advocate

July/August 2022

Committee Reports Diversity & Inclusion Committee: What Diversity & Inclusion Means to Me A conversation with the Honorable John Olszewski, Baltimore County Executive.

On June 9, 2022, the Baltimore County Bar Association’s Diversity and Inclusion Committee hosted a conversation in its “What Diversity Means to Me” series with Baltimore County Executive, the Honorable John “Johnny O” Olszewski. Before taking office in 2018, Mr. Olszewski served in the Maryland House of Delegates from 2006 - 2015.

A lifetime Baltimore County resident who graduated from Sparrows Point High School, Mr. Olszewski was the first person in his family to receive a college degree. Mr. Olszewski then graduated from Goucher College with a bachelor’s degree in political science. He went on to receive his master’s degree in political management from George Washington University. After that, he returned to his hometown to teach at Patapsco High School in Baltimore County. Finally, in 2017, he earned his doctorate from the University of Maryland, Baltimore County.

With lifelong ties to Baltimore County, Mr. Olszewski is very well situated to understand the issues concerning his constituents. When asked what diversity and inclusion mean to him, Mr. Olszewski responded with several key points, most notably his prioritization of education.

Expanding schools, providing competitive salaries for teachers, and restoring the number of teachers allow more students enrolled in public schools to receive an education. In addition, scholarships and tuition freezes for the Community College of Baltimore County help

offset inflation and the rising costs of living, which Mr. Olszewski pointed out disproportionally affect minorities in obtaining an education.

No less important, Mr. Olzewski worked to create a transparent government and provided for accountability through an Office for Ethics and Accountability.

Furthermore, by holding town hall meetings throughout the county, Mr. Olszewski is directly involved in removing and remediating obstacles to diversity and inclusion.

Economic prosperity should not be limited to a few select areas in the county. He believes in a comprehensive transportation plan that efficiently permits residents to travel to employment opportunities. Working with the surrounding counties, the State, and the City of Baltimore, Mr. Olszewski wants to create access for those who cannot obtain employment due to distance or commute times.

Creating a safe environment for people to live and also work factors into creating a diverse and inclusive county population. Mr. Olszewski’s introduction of police reform, eviction and rental protections, and prevailing wage requirements provide county residents of all socioeconomic means equal access to economic prosperity and safety.

After a lively discussion, the attendees thanked Mr. Olszewski for his time.

–Ari J. Kodek, Esq.

The Community College of Baltimore County (CCBC) is hosting a Criminal Justice and Legal Studies Career and Internship Fair on Wednesday, October 19, 2022 on the CCBC Essex Campus from 9:00am-12:00pm and virtually via Teams from 4:00pm-7:00pm. Employers can participate in one or both sessions. The purpose of the fair is to bring together potential employers with our students and graduates seeking careers in the legal and criminal justice fields in the Baltimore Metro area.

There is no cost to participate. Employers interested in attending may contact Donna S. Mandl, J.D., Department Chair of Legal Studies at dmandl@ccbcmd.edu for additional information and a link to register. Deadline to register is August 12, 2022.

July/August 2022

The Advocate

29

Baltimore County Bar Association, Inc. 100 County Courts Building • 401 Bosley Avenue • Towson, Maryland 21204-4491

Baltimore County Bar Association Group Admission to the

Executive Council Officers John G. Turnbull III President

Supreme Court of the United States November 1, 2022

Lisa Y. Settles President–Elect

Sondra M. Douglas Secretary

Richard Grason VI Treasurer

At-Large Members Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela C. D’Alessio Michael S. Barranco Young Lawyers Representative

Alexander J. Walsh Immediate Past President

John G. Turnbull III

Executive Director

Rachel M. Ruocco Executive Assistant

Amber E. Gaines Lawyer Referral Coordinator

Gavin T. Kemp

The Baltimore County Bar Association is coordinating a Group Admission to the Supreme Court of the United States on Tuesday, November 1, 2022. We will leave Towson, via coach bus, promptly at 6:15 a.m. and return at approximately 5:00 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 $65 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. Guests are also welcome to attend breakfast.

Please use the link 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 November 1, it is not possible to accommodate any “wait list” applicants.

Please note, all fees are NON-REFUNDABLE. Completed applications, Certificate of Good Standing, and fees are due in the Bar Office no later than Wednesday, August 31, 2022, for timely delivery to SCOTUS. Application - Applications must have a QR code located on the first page of the application. Please use the court approved form. The QR code will appear once you have downloaded the form.

- Scanned signatures are currently being accepted.

- Electronic Certificates of Good Standing are currently accepted with a visible seal.

BCBA Member, Congressman C. A. “Dutch” Ruppersberger will “move” the group’s admission before the Court. After the Group Admission, we are tentatively scheduled for a brief tour of the Supreme Court, photograph opportunity on the front steps (and you are welcome to take photos throughout the building, except in the courtroom), then lunch on your own. We will meet the bus to depart no later than 3:30 p.m. and expect to arrive back in Towson by 5:00 p.m. *Guest restrictions and other information will be provided at a later date

Telephone: (410) 337-9100

30

Facsimile: (410) 337-9100

The Advocate

E-mail: rruocco@bcba.org

Website: www.bcba.org

July/August 2022

Committee Reports Professionalism Committee: Plans for the Upcoming Bar Year On July 13,, the Professionalism Committee held its summer planning meeting for the upcoming bar year. The first regular committee meeting will be on Wednesday, September 7, at 5 p.m., via Zoom. The committee invites all BCBA members who plan to serve on the committee this year or are interested in learning more about committee activities to join the meeting, even if they have not previously signed up for the committee.

After the first meeting in September, the committee plans to meet the first Wednesday of each month at 5 p.m., as a general rule, mostly by Zoom, although the committee may experiment with hybrid meetings.

One of the first orders of business will be for the committee to discuss and approve an updated flyer/advertisement to solicit nominations for the J. Earle Plumhoff Award, based on research and work performed by committee member, Mike Jacko, over the course of the last bar year. After full committee approval this September, the document will be sent to the Executive Council for comment and any necessary approvals.

With respect to committee programs, the goal is to sponsor one program/CLE in the fall and another in the winter/ spring. Topics and dates have not yet been determined.

Committee members (new and old) are encouraged to think about topics for possible programs, and the details will be developed at the meetings in the fall. If there are compelling ideas for more than two programs during the bar year, the committee will do more, but its minimum goal is two.

The Committee will continue to contribute a monthly submission to The Advocate on the topic of professionalism and committee activities. There is a great amount of flexibility on the specific topic of each article, so long as it relates in some way to professionalism. The length of the article is left up to the individual author. Again, all BCBA members interested in writing an Advocate article on the topic of professionalism, or suggesting a topic, are

encouraged to join the Professionalism Committee and sign up for one of the open months.

One goal and top priority of the Committee this year is to create an up-to-date committee roster of active committee members so that the Committee can better utilize the BCBA website and technology for committee meetings, communications, and shared documents.

One of the most important responsibilities of the Committee each year is to review nominations for the J. Earle Plumhoff Professionalism Award and to recommend a recipient of the award to the Executive Council. At this time, the Committee assumes the BCBA will continue the recent practice of presenting the award at the February Stated Meeting (and allowing the award recipient to address the association); however, the recipient will still be recognized in some way at the Black-Tie Banquet in late January. This means that the Committee will likely be required to deliberate on nominations and make its recommendation to the Executive Council following the December committee meeting. The goal is to have as many active committee members as possible attend that meeting, and every meeting for that matter. The Committee hopes to begin advertising solicitations for the award in the October and November Advocate editions, and as the nomination deadline approaches, in the BCBA weekly email blasts. The Committee encourages all BCBA members to start thinking about possible nominees. It is hoping for a large, diverse pool of nominations, particularly given the importance of the award.

The Committee is open to hearing new ideas about committee activities and initiatives this year, and as noted, it welcomes new members to the committee. The Executive Council committee liaison this year is Richard Grason, VI. Any questions or suggestions may be directed to Committee Chair, Mike Barranco, or Committee ViceChair, Debra Cruz.

– Michael S. Barranco, Esq.

CELEBRATE ACCOMPLISHMENTS IN THE NEW SPOTLIGHT ON MEMBER NEWS! Let us know about any awards, promotions, moves and other news you want to include about yourself or others.

Fill out the online form here, or email rruocco@bcba.org

July/August 2022

The Advocate

31

Your ad could be HERE! Contact Rachel Ruocco rruocco@bcba.org or 410-337-9103 32

The Advocate

July/August 2022

If Medical Records are a Problem, Consider a New Solution.

100% HITECH No Membership Fees No Contracts Nationwide Service One Flat Fee per Request Eliminate your on-desk time, lower your costs, and start closing cases faster.

Sign up today and let us help your firm prosper.

chartsquad.com July/August 2022

The Advocate

33

34

The Advocate

July/August 2022

July/August 2022

The Advocate

35

36

The Advocate

July/August 2022

BALTIMORE COUNTY BAR ASSOCIATION Family Law Committee Family Law Committee Annual Meet & Greet

Thursday, September 8, 2022 5:30 pm

SPEAKER

Baltimore County Family Law Judges & Magistrates

PROGRAM CHAIR

Kerri Cohen

LOCATION

Eagle’s Nest Country Club, 12801 Stone Hill Rd, Phoenix, MD

COST

BCBA Members - $60, Non-Members - $65

Join us for our annual Family Law Committee Meet & Greet with our Family Law Judges and Magistrates! We will also be celebrating the retirement of Magistrate Beck.

Generously sponsored by:

REGISTER HERE When registering online, there will be an option to donate towards Magistrate Beck’s retirement gift. This request is optional. Any amount donated is greatly appreciated.

Family Law Committee – September 8, 2022 Meal Choice: Choose one o o

o o

NY strip w/ cognac sauce Atlantic salmon w/ citrus buerre blanc

Name(s) Address Email

Tuscan parmesan chicken Vegetarian wild mushroom ravioli

Telephone City, State, Zip

Program Registration Fee Donation towards Magistrate Beck retirement gift (optional) Total Amount Enclosed

$ $ $

Please return this form, with a check or credit card information, to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204.

July/August 2022

The Advocate

37

BALTIMORE COUNTY BAR ASSOCIATION ANNUAL BAR YEAR KICK OFF PARTY! TUESDAY, SEPTEMBER 13, 2022 JIMMY'S FAMOUS SEAFOOD 6526 Holabird Ave, Baltimore, MD 21224

5:30-8:00PM Join us as we kick off the 2022-23 Bar Year!

We have lots of FREE FUN planned for the evening which includes:

Meet BCBA Leaders-Committee Chairs and Executive Council Meet this year's Desginated Charity - Safe Alternative for Education Food & Drinks Surprise Guests Raffles Cornhole and other Yard Games

REGISTER HERE COME CELEBRATE WITH US! 38

The Advocate

July/August 2022

Baltimore County Bar Association

Save the Date

AUGUST

SEPTEMBER

5, 6pm – Baseball, Crab Feast & Fireworks

13, 5:30pm - BarYear Kick-off Party

NOVEMBER

DECEMBER

1, all day – Supreme Court Group Admission Trip 4, 8:30am – Civics & Law Academy 12, – Safe Alternative Flag Football Fundraiser 17, 3:30pm - Memorial Service 19, 10am - National Adoption Day

FEBRUARY

OCTOBER

TBD, Bar Wars 2, 9am – Ravens Tailgate 20, 4:30pm - Stated Meeting 26, 5:30pm - Pro Bono Awards and Reception JANUARY

2,8:30am – Civics & Law Academy 8, 6pm - Annual Holiday Party 9, 12pm - Young Lawyers Holiday Lunch and Toy Drive

26, 5:30pm - Black Tie Banquet TBD, Swearing-In Ceremony

MARCH

16, 4:30pm – Stated Meeting TBD, Bar Wars TBD, Sponsor Breakfast

APRIL

TBD, Chopped Cooking Competition

MAY

TBD, Young Lawyers Fundraiser

JUNE

1, 12pm - Law Day Noon ceremonies TBD, Golf Tournament

7-10 - MSBA Bar Conference in OC 15, 4:30pm - Stated Meeting

Follow Us on Facebook, Instagram & Tik Tok July/August 2022

The Advocate

39

Baltimore County Bar Association

Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD

100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 (T) 410-337-9103 (F) 410-823-3418 www.bcba.org

Member Advertisements OFFICE SPACE AVAILABLE CATONSVILLE

Office Space Available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256.

Office Space for Rent. 1002 Frederick Road, 2nd floor office. Private entrance, semi-private restroom, use of conference room and kitchen on first floor.

Free parking. Would be a great satellite office. Please contact Lou Weinkam, Jr. at 410-744-3256, ext 103.

OWINGS MILLS Offices to rent: Share space with two solo Family Law practitioners.

One or two offices available in a convenient office park off Red Run Boulevard. Includes use of conference room, kitchen, and in suite bathroom. Call Steven at 410979-8250

TOWSON Two offices to rent. We are a block from the courthouse. Use of office, telephone, copier, and fax, plus secretarial space are included. Call Frank at 410-296-6820.

Nicely furnished office space with parking, half block from circuit court. Pete McDowell 410-9602536.

Two to three offices within existing office space, just below 695, free parking, furnished if desired, use of telephone, copier, fax, conference room, Internet, paralegal/secretarial help available. Anne 410-337-8577 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom, and kitchen on first floor, free parking space available, rent negotiable $50$100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-8234214 or

HIRING Small firm in Towson looking for an experienced, part-time legal assistant/secretary two to three days a week. Any experienced candidates should contact Robert Jacobson at 410-583-8883.

Full time associate. Licensed in Federal and Maryland State court.

Law Offices of Nick Del Pizzo Njdelpizzo@aol.com

Don’t forget to update your information on our website!

Click here to access or go to www.bcba.org