The MARYLAND LITIGATOR MSBA LITIGATION SECTION SEPTEMBER 2013 MESSAGE FRO M THE CHAIR BY HON . GLENN T. HARRELL , JR. Allow me to introduce myself (at least to those whose door- practice program (specific topic to be determined), with “real” ways I have not darkened previously). I am Glenn T. Harrell, judges sitting in “judgment,” held at the Wabash District Court Jr., and I am the Chair of the Litigation Section for 2013-14, building in Baltimore. A modest fee to cover expenses will be having survived a vicious primary election campaign and a charged. Event Co-Chair Bob Fiore has a terrific track record last minute floor fight at the MSBA annual meeting in June. producing similar programs over the last three years. I am By day, I am the Senior Judge on Maryland’s Court of Ap- sure that the details and registration directions (not available peals. By Senior Judge I mean “old” and possessor of a prime to me when I wrote this column) will be publicized on the parking space in Annapolis (because I cannot walk very far MSBA website and elsewhere. anymore). I have accumulated many nicknames and noms de plume over my 22 years on the Bench – “The Crown Prince February 17, 2014 (President’s Day holiday) of Footnotes,” “The Gangster of Law” (apologies to the Steve A morning until Noonish “nuts-and-bolts” District Court Miller Band), “The Great and Powerful Oz,” “The King,” criminal/motor vehicle practice program (specific topic to be “The Pop Culture Judge,” and “Bear” (no resemblance to determined) staged similarly to the Columbus Day program. Bear Grylls), to name-drop but a few. From these names you may infer all that you need to know about me. March 13, 2014 The Appellate Practice Committee (Co-Chaired by Andy The hallmarks that I hope for the Section to achieve this year Baida of Rosenberg Martin and Judge Robert Zarnoch of the are: (1) frequent and relevant co-sponsorship of our programs Court of Special Appeals) of the Section is planning an eve- with other Sections, committees, and other Bar organizations; ning program (topic, location and further details under devel- (2) involvement of a greater cross-section of the Section’s opment). membership in governing the Section (now and in the future) and developing its annual educational program offerings; and April 3, 2014 (3) fostering appropriate relationships and dialogue between Event Chair, Tracy Steedman of Niles Barton, is arranging for the Bench and Bar. the Section to host a dinner at a hotel in Annapolis to honor the judges of the District Court of Maryland and the federal Let me tell you a little bit about the educational programs the magistrate judges of the U.S. District Court. Attorneys are Section intends to produce from now until June 2014: invited to socialize with the judges. A modest fee to cover ex- penses will be charged. All of the federal magistrate judges, October 14, 2013 (Columbus Day holiday) A morning until Noonish “nuts-and-bolts” District Court civil (continued on Page 12) Keep up to date with the Litigation Section E-mail Discussion List! MEET THE NEW CHIEF JUDGE - TABLE OF INTERVIEW WITH CONTENTS CHIEF JUDGE BARBERA BY HON . KA th RYN GRILL GRAEFF 1 Message from the Chair On July 3, 2013, Governor Martin O’Malley announced his appointment of the Honorable Mary Ellen Barbera to lead the Court of Appeals, Maryland’s highest court, after the retirement of her predecessor, Chief Judge Robert M. 2 Meet the New Bell. In August, Chief Judge Barbera graciously agreed to an interview for Chief Judge - The Maryland Litigator. Interview with Chief Judge Barbera Q: Congratulations on your appointment as Chief Judge of Maryland’s highest court. Your appointment is a historic one, given that you are Mary- land’s first female Chief Judge, with a first-ever majority female Court. 3 The Debut of How has the role of women in the legal community changed since you the Maryland began practicing? Appellate Blog A: There are far more women practicing law now than there were in 1984, when I graduated from law school, and I understand that there are 4 The Degradation of now more women than men enrolled in law schools. Certainly that has the Affidavit been my anecdotal experience as an adjunct professor for 20 years at the American University’s Washington College of Law and before that at the 5 Court of Appeals University of Baltimore School of Law. And during my years at the bar, I Adopts Rules have witnessed the ascent of a number of women to leadership positions. Governing the That was evident in the Office of the Attorney General of Maryland, where I worked for almost 13 years under the leadership of two forward-thinking Award of Attorneys General, Stephen Sachs and J. Joseph Curran, Jr. The same was Attorney’s Fees true in the Office of Governor Parris Glendening, where I served as legal counsel for four years. Governor Glendening’s senior staff, for example, 6 Litigation Section was composed of as many women as men. Governor Glendening and the Programs Top the governors who have followed him have appointed a large number of wom- Bill at MSBA’s en to the bench throughout the state and at all levels of the judiciary. There are more women partners and principals in law firms, though perhaps not Annual Meeting so many in management positions in the larger firms. Governor Martin O’Malley’s appointment of me as Chief Judge, and of Judge Shirley Watts 7 Court Of Appeals as a judge of the Court of Appeals, which created for the first time a female Rejects Dram majority on the Court, exemplifies the strides women have made in Mary- Shop Liability land’s legal community. Q: What inspired you to pursue a legal career? 8 Nominate a Distinguished A: A career in the law was not a childhood aspiration–I wanted to be, and Maryland Litigator eventually became, an elementary school teacher. I did not even consider the law as a profession until my mid-twenties. At that time I was mar- ried with two children, and I was teaching in the Baltimore City Public 10 Nominate a School system. I was witness to the early stages of the law career of my Distinguished then-brother-in-law, who had enjoyed a year as a law clerk for a judge of Maryland Judge the D.C. Superior Court, then went to the Maryland Attorney General’s Office, and, following that, joined a law firm. I also met other lawyers. (continued on Page 13) 2 • THE MARYLAND LI T IGA T OR SEPTEMBER 2013 THE DEBUT OF THE MARYLAND APPELLATE BLOG BY ST EVEN M. KLEPPER In September 2013, the new Maryland Appellate Blog went Kevin Arthur, also a principal of Kramon & Graham, P.A., live at http://mdappellate.wordpress.com. The MSBA Litiga- has written and lectured widely on appellate litigation, espe- tion Section’s Appellate Practice Committee is sponsoring the cially the final judgment rule. He formerly chaired the Appel- blog. late Practice Committee, and he presently chairs the MSBA’s Committee of Laws, which advises the Association’s Board The blog fills a gap in Maryland legal commentary. In most of Governors about pending legislation. states of equal or larger population, there are one or more blogs dedicated to appellate matters in the state. Typically, Jonathan Biran recently co-founded Biran Kelly LLC. He pre- solo practitioners or small firms maintain those sites. Such viously served as Appellate Chief for the United States Attor- blogs may temporarily or permanently cease operation when ney’s Office for the District of Maryland, where he supervised the author hits a busy patch in his or her work. Single-author the appellate work of several dozen Assistant United States blogs also can suffer from too narrow a focus or viewpoint. Attorneys, in addition to maintaining his own significant ap- pellate caseload. He is a member of the Boards of Directors of The Maryland Appellate Blog seeks to improve on the state the Baltimore Bar Foundation and the Francis D. Murnaghan, appellate blog model by featuring original content from a ros- Jr. Appellate Advocacy Fellowship. ter of contributors, plus guest authors. It is inspired by—but far less ambitious than—SCOTUSblog and The Volokh Con- J. Bradford “Brad” McCullough is a principal at Lerch, Ear- spiracy. The blog primarily covers the Court of Appeals, with ly & Brewer, Chtd. He serves on the Section Council of the ancillary coverage of the Court of Special Appeals, the Fourth MSBA Litigation Section. Brad chairs his firm’s appellate Circuit, and the Supreme Court. practice sub-group, and he has represented clients in appeals in a wide variety of areas including commercial litigation, Posts ordinarily will not consist of detailed case summaries, family law, tort law, and real estate development. which are already available in other publications. Rather, blog content includes: The blog successfully recruited Maryland appellate royalty, • certiorari petitions before the Court of Appeals; Erin Murphy of Silverman | Thompson | Slutkin | White LLC. • coverage of notable arguments; Her practice is entirely devoted to appellate litigation in State • practice tips; and Federal Courts. Erin is also an adjunct professor at the • commentary on the implications of specific University Baltimore School of Law where she co-teaches rulings or general trends; Evidence with her father, retired Court of Appeals Judge Jo- • interviews with appellate judges; and seph F. Murphy, Jr. • news, including committee programs. The blog’s lone former Supreme Court clerk is Alan Stern- The blog’s opening-day editorial board consists of seven ap- stein, who initially clerked for Justice William O.