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Diversity in the Legal Profession Volume XLIV • Number 4 July/August 2011 Diversity In The Legal Profession July 2011 MARYLAND BAR JOURNAL 1 Volume XLIV • Number 4 July/August 2011 Published bimonthly by the Maryland State Bar Association, Inc. The Maryland Bar Center 520 W. Fayette St. Baltimore, Maryland 21201 Features Telephone: (410) 685-7878 (800) 492-1964 Diversity In The Legal Profession Website: www.msba.org Executive Director – Paul V. Carlin Maryland Lawyers Who Helped Shape the Constitution 4 Editor – Janet Stidman Eveleth Assistant to the Editor – Jason Zeisloft By Jose’ Felipe’ Anderson Investing in the Future of Maryland Women 12 Design – Jason Quick By The Honorable Lynne A. Battaglia and Evelyn C. Lombardo Advertising Sales – Network Publications Black Women Judges: Three Decade Journey Subscriptions: MSBA members receive THE MARYLAND BAR JOURNAL to Maryland Appellate Courts 20 as $20 of their dues payment goes to By The Honorable Anna Blackburn-Rigsby and Melissa Roca publication. Others, $42 per year. POSTMASTER: Send address change Blindly Taking the Maryland Bar Exam 26 to THE MARYLAND BAR JOURNAL, 520 W. Fayette St., By Joshua L. Friedman and Gary C. Norman Baltimore, MD 21201. A Case for the Undocumented Immigrant 30 The Maryland Bar Journal welcomes By The Honorable Audrey J.S. Carrión and Matthew M. Somers articles on topics of interest to Maryland attorneys. All manuscripts New State Prosecutor Strong Advocate of Justice 38 must be original work, submitted for approval by the By Janet Stidman Eveleth Special Committee on Editorial Advisory, and must conform to the Extending Workers’ Compensation Liens – Journal style guidelines, which are Recoveries in Legal Malpractice Actions 42 available from the MSBA headquar- By Peter W. Sheehan, Jr. ters. The Special Committee reserves the right to reject any manuscript The Telling Story - Litigator to Novelist 46 submitted for publication. By Janet Stidman Eveleth Advertising: Advertising rates will be furnished upon request. All advertis- ing is subject to approval by the Departments Editorial Advisory Board. Practice Tip Editorial Advisory Board When “Of” or “In” Matters 50 Elizabeth M. Kameen, Chair James B. Astrachan Ethics Docket Courtney Blair Marcella A. Holland Request to Refer Jurisdiction 52 Louise A. Lock Attorney Grievance Commission Victoria Henry Pepper Mary Langdon Preis Reinstatement to the Bar 53 MSBA Officers (2011-2012) President - Henry E. Dugan Jr. President-Elect - John P. Kudel Secretary - Michael J. Baxter Treasurer - Debra G. Schubert Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Maryland State Bar Association, its officers, Board of Governors, the Editorial Board or staff. Publishing an advertisement does not imply endorsement of any product or service offered. July 2011 MARYLAND BAR JOURNAL 3 4 4 MARYLAND BAR JOURNAL MARYLAND BAR JOURNAL Charles Hamilton Houston July 2011 July 2011 PHOTO COURTESY OF CHARLES H.HOUSTON, JR. AND THE PRIVATE HOUSTON FAMILY COLLECTION. Maryland Lawyers Who Helped Shape the Constitution Father of Freedom – Charles Hamilton Houston By Jose’ Felipe’ Anderson For most Americans Charles Hamilton Houston is barely a foot- note in history. Born in 1896, this Phi Beta Kappa graduate of Amherst College and Harvard educated African-American lawyer went on to win eight of nine cases in the United States Supreme Court. He designed the legal strategy for the historic Brown v. Board of Education decision, Brown v. Board of Educ. 347 U.S. 483 (1954). He was the first African American to be elected to the Harvard Law Review and the first to earn the degree Doctor of Juridical Science Degree. July 2011 MARYLAND BAR JOURNAL 5 By 1950 he would be laid to rest, to meet other important lawyers like At the time of the case Houston exhausted by his brutal multi-state the legendary Clarence Darrow and would urge members of the black law reform agenda that was the hall- Felix Frankfurter. community to show up in court to mark of his 25 year legal career. He Marshall would follow his men- support the case dressed in their would not live to see his efforts to tor’s lead and become one of the “Sunday best” to help the press take eliminate racial discrimination from founders of the Monumental City Bar interest in its importance. For that the face of the nation’s law books com- Association, a group of Black attorneys task he called upon the local NAACP pleted. Along the way he would work organized at a time when Blacks were branch president Lillie M.Carroll with several legendary Maryland law- not allowed to join either the American Jackson and her daughter Juanita yers in cases that were the blueprint Bar Association or the Maryland State Jackson who became NAACP’s for dismantling the sinister practice Bar Association. National Youth Director. Houston known as “Jim Crow” that poisoned Charles Houston’s father, attor- worked closely with the energetic and the nation’s ideal of equal justice ney William LePre’ Houston was courageous Juanita when they were under law. one of the founders of the National both at the NAACP national office. The Maryland courts were Houston’s Bar Association and became its He sent her to Scottsboro. Alabama laboratory. This native of Washington President once during the 1930s. in the 1930s to meet on behalf of the D.C. took many short drives and train Charles Houston helped start a simi- organization with the defendants in trips to Maryland to do legal battle. In lar organization, the Washington Bar the famous “Scottsboro Boys” cases, all, Houston was lead or co-counsel Association in the District of Columbia. where several young black men were in over a dozen precedent setting These associations became invalu- falsely accused of raping two white cases in Maryland appellate courts. able when later; Charles Houston women while all were hitch-hiking Because the District of Columbia was would need local lawyers to file civil on a freight train. not a state, Houston needed Maryland rights cases. When Houston left the Houston would encourage Juanita to reform equal protection under the Deanship of Howard Law School to to go the law school where she became 14th amendment to the United States become the National Association for the first African American women to Constitution. His goal was to overturn the Advancement of Colored People’s attend the University of Maryland the flawed “separate but equal” doc- (NAACP) first Chief Legal Counsel, and the first to be an Editor of its law trine announced in Plessy v. Ferguson he took Marshall with him to its New review. She would later become one of 163 U.S. 537 (1896). York headquarters. Maryland’s greatest lawyers, working Baltimore born Thurgood Marshall It was from the NAACP nation- on many precedent setting civil rights was Houston’s star pupil. He would al office that Marshall, Houston and cases of her own. personally train and mentor him to another African American lawyer from She would marry Clarence M. spearhead the battle against racial Baltimore named William I. Gosnell Mitchell, .Jr. who would serve for injustice. Marshall, of course, would would successfully litigate the case many years as the top lobbyist for the ultimately serve the nation as its first of Donald Gaines Murray who was NAACP. Clarence Mitchell would also African American Solicitor General denied admission to the University of work closely with Houston on many and United Stated Supreme Court Maryland law school. In a stunning national civil rights issues in congress. Justice. When Houston was Dean of victory after a trial in a Baltimore City Mitchell, the lawyer/lobbyist, would Howard University law school he courtroom, Judge Eugene O’Dunne become known as the 101st Senator as took notice of Marshall’s potential ordered the University to admit he guided the nation’s most important and began to teach him the legal Murray in what was the NAACP’s civil rights legislation through con- craftsmanship that would transform first major legal victory over racial dis- gress during the 1960s culminating in civil rights law. He got Marshall a crimination with Houston in charge of the signing of the Civil Rights Act and job in the school’s law library that its legal campaign. The University the Voting Rights Act by President allowed him more time to study and would appeal to the State’s appellate Lyndon B. Johnson. The historic court- pay for his daily train rides from court, but the trial judge’s order was house in downtown Baltimore where his Baltimore home. He would take upheld. Pearson v, Murray, 182 A. 183 the Murray case was won now bears Marshall with him to court cases and (Md. 1936). the name Clarence M.Mitchell Jr. 6 MARYLAND BAR JOURNAL July 2011 Robert A. Gordon, Franklin Lee and Chief Judge Michael Waring Lee, in the Museum of Baltimore Legal History, April 18, 1985. PHOTOGRAPH BY GUILL PHOTO Years after Houston’s death Juanita ally become the first African American Catbird’s Seat (Maryland Historical Jackson Mitchell would be part of the Chief Judge of Maryland’s highest Society) p.322 (1988). legal team representing a teenager court., the Court of Appeals. During the 1930s Marshall and named Robert Mack Bell in a famous William Marbury, a partner in one Houston would also represent downtown Baltimore lunch counter of Maryland’s greatest law firms Communist lawyer Bernard Ades in sit-in case that would go all the way would encounter Charles Houston his disbarment proceedings for trou- to the United States Supreme Court. while representing the Calvert County ble Ades allegedly stirred up during Bell v. Maryland, 378 U.S. 226 (1963). school board in law suits involving the death penalty trial of Euel Lee, on That team also included Robert B.
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