Posted on August 06, 2020 in Appeals

The Gun Trace Task Force was an elite unit within the Baltimore City Police Department tasked with getting illegal guns off the streets.  But as a blockbuster federal investigation revealed, GTTF members were themselves criminals of the worst kind: crooked cops who conspired to terrorize the very same citizens they swore to protect and defend.  Their misconduct was shocking even for a City accustomed to police scandals: suspicion-less stops and arrests, writing false police reports and fake search warrants, lying in court, planting evidence, beating detainees, robbing citizens, and on and on.  Some measure of justice was achieved after the officers involved were convicted of federal conspiracy charges, but the battle to ensure appropriate compensation for the victims is ongoing.  A recent decision by the Maryland Court of Appeals in two cases brought by GTTF victims represents an important victory in that battle.

In Baltimore City Police Department, et al. v. Ivan Potts, Misc. No. 6, September Term, 2019, and Mayor and City Council of Baltimore v. Estate of William James, No. 51, Sept. Term, 2019 (https://mdcourts.gov/data/opinions/coa/2020/6a19m.pdf), the Court considered whether Baltimore City and the Police Department should be forced to pay judgments against GTTF officers obtained by two victims, Ivan Potts and William James.  The facts of their cases are egregious, but sadly typical of the crimes committed by the GTTF officers.

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 Posted on May 07, 2020 in COVID-19

The COVID-19 pandemic has swept the nation, causing uncertainty in its wake. While many essential businesses and government offices have shut down, the Maryland courts have been diligent in figuring out how certain matters can still be heard. While the Maryland courts may be restricted, many are still conducting uncontested divorce hearings at this time. If you and your spouse have an uncontested case that is ripe for testimony, the following courts are accepting new filings and may be able to hear your case now:

Circuit Court for Baltimore County: The Circuit Court for Baltimore County is now conducting remote uncontested divorce hearings as long as two attorneys are involved.

Circuit Court for Kent County: Beginning the week of May 5, 2020, the Circuit Court for Kent County is slated to conduct remote uncontested divorce hearings that are ripe.

Circuit Court for Somerset County: The Circuit Court for Somerset County is now conducting remote uncontested divorce hearings as long as two attorneys are present. The court is also accepting new filings for uncontested divorce hearings as long as it is filed through the MDEC filing system.

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 Posted on May 05, 2020 in Child Custody

What is an Absolute Divorce?

The effect of Maryland’s absolute divorce is parallel to a traditional divorce; it is the final termination of the marriage. In an absolute divorce, custody, visitation, and child support terms between both parties are set, both parties are granted the right to live separately and apart, a legal name change may be granted (the resumption of a former name), and even remarry if they choose. An absolute divorce also allows the court to decide on matters regarding alimony and marital property, including any division of assets, transfer of retirement interests, and any other equitable distribution of real property, personal property and pension/retirement assets acquired during the course of the marriage. Ultimately, both parties are granted the right to sever all legal and financial ties from one another.

What are the grounds for divorce in Maryland?

In Maryland, the court may grant an absolute divorce on the grounds of:
(1) Adultery;
(2) Desertion, if it has continued for 12 months without interruption before filing for an Absolute Divorce; and the desertion was deliberate and final; and there is no reasonable expectation of reconciliation;
(3) Conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant was sentenced to serve at least three years or an intermediate sentence in a penal institution and served twelve months of that sentence;
(4) A twelve-month separation where the parties lived separate and apart without cohabitation for twelve uninterrupted months before the filing of the application for divorce;
(5) Insanity if the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least three years before the filing of the application for divorce; the court must then determine from the testimony of at least two physicians who are competent in psychiatry that the insanity is incurable and that there is no hope of recovery; and one of the parties has remained a resident of this state for at least two years prior to the filing of the application for divorce;
(6) Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation;
(7) Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation;
(8) Mutual consent so long as the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues arising from the marital relationship (child custody, visitation, support, alimony and distribution of real and personal property, and asset division), neither party has filed a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules, and both parties appear before the court at the absolute divorce hearing.

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 Posted on April 23, 2020 in COVID-19

The Chief Judge of the Court of Appeals has issued an order allowing certain prisoners to be released if they meet certain guidelines. Below is a description of those guidelines.

Adults

Pursuant to Chief Judge of the Court of Appeals Order dated April 14, 2020, the Administrative Judges of the Circuit Courts and the District Administrative Judges of the District Court are granted to the authority to identify at risk incarcerated persons for potential release to protect the health of at-risk incarcerated persons during the COVID-19 pandemic crisis. The judges must consider:

• The safety of the victims and communities in general
• The statutory rights of victims
• And the public health concerns related to inmates who have contracted COVID-19

In addition, those administrative judges are to direct the setting of PROMPT hearings following the service of a warrant or body attachment for the following:

• Technical or minor violations of probation

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 Posted on April 22, 2020 in Child Custody

Some parents are facing difficult decisions during this COVID-19 pandemic, including whether their children should be physically near a parent that is working with the public. For some families, it means that one parent temporarily lives in another part of the house. A related CNN article can be found here.  For other families, it means one parent temporarily lives in another place altogether. A related ABC article can be found here.

But, for co-parents that live in separate households, the thought of children being near a parent that is a first responder, a front-line worker, or an essential employee can lead to even more difficult decisions. The guidance from the Maryland Judiciary is clear:

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 Posted on April 20, 2020 in Child Custody

The spread of COVID-19 has stressed many family dynamics on a daily basis. Kitchen tables are now elementary school classrooms and backyards now host recess. With Maryland’s Stay-At-Home Order still in place, children and parents are finding themselves working through finding a new normal.

Parents that share time with their children between different households face an even larger set of challenges. Court orders that define parenting time, holiday schedules, and other child-focused decisions often do not help guide parents through questions like: “What happens in a global, viral pandemic?”.

With the seeming constant change to regulations and recommendations, the best recommendation is flexibility, while understanding your Order remains in place absent an agreement to deviate. Communicate with your children and your co-parent to make the best decision possible for your children and your collective family. Each day may bring new challenges and it is important that co-parents do their best to communicate about those challenges and remain open and flexible to the resolutions. Family flexibility is the new normal.

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 Posted on April 10, 2020 in Child Custody

As fears surrounding COVID-19 continue to increase and parents in divided households struggle to do what they think is best for their children’s health and safety, below are two examples of how emergency requests have been handled in other States, Florida and New Jersey.

In Orange County, Florida a mother filed for temporary custody of her child after first-responder (firefighter/EMT) father did not voluntarily agree to allow her to keep their child in her care until the Florida’s state of emergency due to COVID-19 ends. The Judge denied the mother’s request stating there was no evidence the father was failing to take proper safety precautions or otherwise acting in a way to place the child in danger. The Judge further found “there is no evidence indicating the continuation of timesharing would subject the minor child to any risk of harm specific to the actions of behavior of the father”.

In New Jersey, a father filed for temporary custody of his child after the mother, a physician, continued to see patients in person in the hospital during the COVID-19 outbreak. The New Jersey Court granted an emergency order and awarded the father temporary custody of the child. After the mother was able to commit to telework/health and to not see patients in person, the Judge reversed the Order.

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 Posted on April 09, 2020 in Child Custody

The AFCC is the Association of Family and Conciliation Courts. It is a group of individuals from many disciplines associated with or in the family court arena. AFCC members include lawyers, mediators, judges, psychologists, counselors, social workers, parenting coordinators, psychiatrists, researchers, teachers, and policymakers throughout the country. The AFCC recently released seven guidelines for parents who are divorced/separated and sharing custody of children during the COVID-19 pandemic. While these guidelines are not mandated, they provide knowledge and principles of good practice in navigating this crisis. A summary of the seven guidelines as set forth by the AFCC are:

1. BE HEALTHY: Comply with all CDC, local and state guidelines and model good behavior for your children. This also means to be informed by staying in touch with reliable media sources.

2. BE MINDFUL: Be honest about the seriousness of COVID-19, but maintain a calm demeanor for your children. DO not expose your children to endless media coverage, but encourage your children to ask questions and provide them with age appropriate answers.

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 Posted on April 09, 2020 in COVID-19

Due to the ongoing COVID-19 pandemic, family units are quarantining together worldwide. These sudden movement restrictions aimed towards halting the spread of the coronavirus may be a direct and proximate cause for a surge in domestic violence complaints. A Side Effect of Coronavirus: Maryland Experts say more Domestic Violence, Fewer Victims Seeking Help.  According to experts, complaints of domestic abuse often increase when families are forced to spend extensive amounts of time together. Now, with families on lockdown and the government placing restrictions on all forms of public gatherings, the forced proximity and stress of the coronavirus outbreak has become a primary factor in this continuing rise of violence within homes.

In areas such as Baltimore, law enforcement has yet to experience an increase in the volume of domestic violence calls, however Baltimore-area service providers believe that this can be attributed to victims being confined with their abusers, thereby creating an environment in which they are unable to reach out themselves. Domestic Abusers Can Control Your Device. There also seems to be widespread confusion regarding what services and resources are available during this time, which inhibits victims from coming forward.

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 Posted on April 09, 2020 in Child Custody

I have a handful of clients in this exact situation and all of them are finding it increasingly difficult to share space in a home they no longer want to share with the other. In addition to grudgingly sharing the space, they are attempting to do so while one or both are working from home or while one is working and the other is laid off, while attempting to assist their children with distance/remote learning, and while juggling the household tasks of cooking cleaning, paying bills, etc. Needless to say emotions are on the rise. In a few of the cases I have been able to work out agreed upon designated areas (specific rooms) for each party to conduct their working from home duties, along with times for the use of those spaces, scheduling days and/or subjects each parent is responsible for assisting the children with their education, and how to handle the payment of expenses. While not a permanent solution, ‘rules’ to follow hopefully give the parents and children some consistency to reduce the tension in household.

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