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MONDAY Law-Focused Edition of The Daily Record

Daily Record, May 2013

Subscribe to the Monday law-focused edition of The Daily Record and receive:

- Unparalleled statewide news coverage of law, business, construction, health care, real estate, technology and finance.
- Award-winning Maryland Lawyer special section which includes state and federal appellate opinions, verdict and settlement reports and law-specific calendar of events and “movers.”
- And, the opportunity to opt-in to daily email alerts and breaking news.

This Newspaper is a law-focused edition of The Daily Record published on Monday only.

Sample Stories:

Unbillable hours: Baltimore County lawyer on Jeopardy!
Posted: 7:04 pm Mon, October 11, 2010
By Brendan Kearney

Jeopardy! juggernaut Roger Craig had won five straight games, including a record-setting $77,000 in one day, when Mary Keating was called to the stage for her once-in-a-lifetime opportunity to respond to Alex Trebek’s answers with questions. The task ahead temporarily numbed her, but then Keating felt a kind of calm. “It’s like when you walk ...

Opinions: Maryland Court of Special Appeals
Posted: 7:00 pm Mon, October 11, 2010
By Daily Record Staff

Civil Procedure Power of attorney BOTTOM LINE: Non-attorney, who was granted power-of-attorney to act on grantor’s behalf with respect to matters including insurance transactions and litigation, failed to state a claim that insurance company violated his rights by directly settling a car accident claim with the grantor, because the power of attorney did not preclude the insurance ...

Opinions: Maryland Court of Appeals
Posted: 7:00 pm Mon, October 11, 2010
By Daily Record Staff

Criminal Law Reckless endangerment BOTTOM LINE: Where defendants were indicted for reckless endangerment based on their failure to summon emergency services to aid a dying boy in their custody and care, indictments were legally sufficient even though the conduct charged was a failure to act. CASE: State v. Kanavy, et al., No. 129, Sept. Term, 2009 (filed Sept. ...

Opinions: Office of Administrative Hearings
Posted: 7:00 pm Mon, October 11, 2010
By Daily Record Staff

Information supplied by the Office of Administrative Hearings THIS IS A CONFIDENTIAL DECISION AND THE NAMES OF THE PARTIES SHALL NOT BE DISCLOSED. DEPARTMENT OF HUMAN RESOURCES Child Abuse and Neglect Appellant v. Baltimore County Department of Social Services OAH No.: DHR-BCNY-52-09-46148 Decision by: ALJ Michael Wallace Decision Issued: July 13, 2010 RecordFax No. 10-0713-50, 17 pages On Dec. ...

Gun, drug convictions overturned on lack of reasonable suspicion
Posted: 6:02 pm Mon, October 11, 2010
By Steve Lash

A sharply divided Maryland Court of Appeals has overturned the gun and drug convictions of a passenger in a car that was pulled over for a traffic stop, saying police lacked sufficient suspicion to detain him until a drug-sniffing dog arrived. The state’s top court called the nine- to 12-minute detention of Hayward T. Henderson ...

Maryland firm loses $110K in legal fees
Posted: 6:00 pm Mon, October 11, 2010
By Steve Lash

Attention Maryland lawyers who have Washington, D.C., bar membership and litigate cases in the capital city: Be prepared to arbitrate fee disputes even if your client agreements contain no arbitration provision. A Bethesda law firm learned this lesson the hard way. Louis Fireison & Associates PA lost a $110,000 fee dispute in arbitration with a ...

Sears, home insurer settle suit over fire
Posted: 5:53 pm Mon, October 11, 2010
By Danielle Ulman

An insurance company has settled its suit against Sears, Roebuck & Co. over a garage fire its client said started in a freezer and caused significant damage to her home. Last month’s confidential settlement between Main Street America Group and Sears came two weeks before the trial was set to begin in U.S. District Court ...

Overcoming fear of pro bono with discrete tasks
Posted: 5:43 pm Mon, October 11, 2010
By Joe Surkiewicz

Maryland is having its own Katrina: a disaster in the form of a severe economic downturn putting the screws on people living at the bottom of the economic ladder — and forcing an increasing number of formerly middle-class folks into poverty. Don’t take my word for it. Stop by Maryland Legal Aid’s downtown office any ...

DJS withdraws regs on placement of girls
Posted: 6:12 pm Mon, October 11, 2010
By Capital News Service
Alexis Gutter

ANNAPOLIS — The Department of Juvenile Services withdrew proposed regulations last week that would have allowed it to send girls in the justice system away from their families and communities, all while guaranteeing close-to-home services for most male offenders.

Wednesday, after reviewing critical comments submitted on behalf of several advocacy organizations, the department backed off.

But in the absence of regulations clarifying a 2007 law requiring community-based services, the department may still be able to send girls far from home.

Not maintaining equity between girls and boys in the system is both logical and to the benefit of the girls, said Jay Cleary, director of communications for the Department of Juvenile Services, before the regulations were withdrawn.

“Girls have specialized needs in a residential treatment,” Cleary said about why gender-related discrepancies exist in juvenile services.

The supply of programming for girls is an issue of numbers and dollars. Since girls represent only 15 percent of the children in Maryland’s juvenile justice system, it is not financially feasible to have an equal number of facilities for both genders, Cleary said.

“It’s a resources issue,” he said. “It’s fair to make sure that girls get appropriate treatment, and not every region has an appropriate group home for girls.”

Last year, the department admitted 1,619 boys into residential treatment programs and only 251 girls. But advocates believe the smaller number of girls in the system is no reason to provide unequal services.

“Certainly, the population of girls in DJS is smaller than that of boys, but is significant, and a smaller population is not an acceptable basis for depriving girls of equal benefits of the law,” the American Civil Liberties Union of Maryland wrote to the department in a Sept. 27 comment about the regulations.

Another comment submitted on behalf of several organizations pointed out that the regulations “open the door to denying an entire class of children — girls — the benefits of the law requiring regional programming simply by virtue of their gender.”

The regulations worked to refine a 2007 law guaranteeing services close to home for children in the juvenile justice system. Research shows that treatments are most effective when children stay close to home and maintain ties with their communities and families.

Maryland is divided into six regions. The law states that children can be placed into a committed facility outside of the home region only if “specialized services” necessitate the placement.

However, since it failed to define what exactly constitutes a service as “specialized,” the law granted the department leeway for interpretation.

Advocates worked with the department to help draft regulations to clarify the vagueness of “specialized services,” and in August, the department posted them on the Maryland Register.

But advocates did not believe that the definition given in the regulations upheld the intent to regionalize services for children, as it gives many exclusionary clauses, such as for “gender-responsive programming,” or programming for girls.

Though the department withdrew the regulations, the term “specialized services” remains undefined. The department still considers gender-responsive programming as specialized, Cleary said.

The withdrawn proposal included in its definition of specialized services programs for children with “observable, identifiable and substantial behavioral or developmental issues” and “severe or intensive behavioral, emotional, or other mental health problems.”

Cleary said few children in the juvenile justice system display “substantial” issues or “severe” problems.

But advocates said the regulations were not clear about what constitutes a disorder as severe or substantial, and the words are relative to an unclear baseline.

“The language just isn’t specific enough to provide meaningful guidance,” said Sonia Kumar, an attorney with the ACLU.

The term “specialized services” is intended to refer to intensive services that are needed by such a small group of youth, such as fire starters, that it is not practical to offer those services in every region.

“The way DJS is defining it, it eats away at the original rule because it excludes so many children and defeats the legislators’ intent to regionalize services,” said Angela Johnese, juvenile justice director for Advocates for Children and Youth.

But Sen. Bobby Zirkin, the sponsor of the 2007 law, recognizes that the department needs some flexibility in the law.

“I clearly want kids treated in their own regions,” Zirkin said. “But at the end of the day, there is a fiscal reality that all resources can’t be in every region.”

The department is reviewing the comments in deciding further action, however, there are no immediate plans to redraft regulations, Cleary said.

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