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28 Oct 2021, 7:00 pm
During its last session, the Maryland General Assembly passed a landmark bill, the Juvenile Restoration Act. This law now allows juveniles who were charged as adults and have been imprisoned for at least 20 years to file a motion to reduce their sentence. At least 415 persons are eligible for relief under this law. It ... [read post]
27 Jul 2021, 7:23 am
Employers can play a vital role in ending the pandemic once and for all – if they take the initiative. In June, a federal court in Texas dismissed a suit brought by employees challenging the right of their employer, a hospital, to require vaccination against COVID-19 as a condition of continued employment. The judge held ... [read post]
1 Mar 2021, 2:06 pm
In January 2021 Gov. Larry Hogan created the Maryland Citizen Redistricting Commission to prepare plans for the necessary redistricting of Maryland’s state legislative and congressional districts as a consequence of the 2020 Census. Although the General Assembly and the governor ultimately will decide how Maryland is to be redistricted, the commission is a good start ... [read post]
18 Jan 2021, 7:59 am
The Maryland Rules of Civil Procedure should be amended to provide for reply memoranda in civil motions. Local Rule 105 of the U.S. District Court in Maryland allows the moving party to file a reply memorandum not to exceed 25 pages as a matter of course in conjunction with a civil motion. A reply is ... [read post]
16 Apr 2020, 12:51 pm
The courts in Baltimore city suffer from decades of neglect – we have written several editorials [read post]
28 Jan 2020, 3:30 pm
On Oct. 1 of this year, the deadline for the REAL ID will take effect. For Marylanders, that means in order to have a valid driver’s license or state identification card, they will have had to provide necessary documentation to the Motor Vehicle Administration (MVA) to prove their identity. The REAL ID is a federal ... [read post]
17 Jan 2019, 2:58 pm
Here we go again. The General Assembly has before it a bill that would allow the Baltimore City Council to establish open primary elections or “ranked choice” voting for primary and general elections. The measure is sponsored by Del. Brooke Lierman (D), who says: “If we had ranked choice voting everywhere, our democracy would look so ... [read post]
13 Dec 2018, 3:34 pm
Maryland is one of but five United States jurisdictions that adhere to the ancient rule that contributory negligence is an absolute bar to a tort recovery for negligence. The rule has had several challenges in the Court of Appeals of Maryland, most recently in Coleman v. Soccer Association of Columbia, 432 Md. 679, 69 A.3d ... [read post]
2 Nov 2017, 7:56 am
Supreme Court Justice Felix Frankfurter once wrote “there is not under our Constitution a judicial remedy for every political mischief, for every undesirable exercise of legislative power.” U.S. District Judge J. Frederick Motz might easily have included those words earlier last month in his one-page dismissal of Ashley Overbey’s First Amendment challenge to Baltimore city’s practice ... [read post]
5 Mar 2015, 4:50 pm
We support Delegate Samuel (“Sandy”) Rosenberg’s proposed House Bill 348, “Civil Right to Counsel-Implementation”), and encourage the General Assembly to pass it this session as long as it is budget-neutral. [read post]
3 Sep 2015, 3:27 pm
In the criminal justice system, prosecutors serve a unique role with special duties quite different from other lawyers. While a private lawyer’s duty is to provide zealous representation of a client, the Maryland Lawyers’ Rules of Professional Conduct impose upon the prosecutor “the responsibility of a minister of justice and not simply that of an ... [read post]
25 Oct 2016, 3:43 pm
A handful of Maryland jurisdictions, Baltimore city and Annapolis among them, bar people from possessing stun guns to defend themselves even in their own homes. Those restrictions should be lifted. In deciding a case from Massachusetts, a unanimous U.S. Supreme Court said last March that the Second Amendment covers more than just firearms. The court, ... [read post]
29 Sep 2016, 3:27 pm
The Daily Record recently reported on the status of mandatory Continuing Legal Education (CLE) for lawyers in Maryland. Though mandatory CLE has been proposed and rejected many times, its proponents still expressed an interest and hope that it will eventually come to Maryland. We say let this horse that has surely been beaten to death ... [read post]
6 Apr 2017, 8:13 am
It was in the mind and sinews of the law that you would always find Howard S. Chasanow. When he died Sunday, one day shy of his 80th birthday, Judge Chasanow had developed a national reputation as a master mediator skilled at bringing peace to warring attorneys, thereby sparing them and their clients the expense ... [read post]
11 Sep 2014, 2:54 pm
Chief Judge Mary Ellen Barbera said she’d do it and indeed she did. By the August 31 deadline that Judge Barbera set for the Court of Appeals, she and her colleagues on the bench have issued opinions in all 127 cases heard in the 2013-2014 term. [read post]
20 Sep 2021, 3:39 pm
All too often, one litigant or another, sometimes both, play a game of chicken before settling their cases by waiting until a jury has been selected and seated. Seating a jury is costly to the court both in terms of money and time. If the jury was not really needed, going through the process may ... [read post]
26 Aug 2021, 11:06 am
On Aug. 3 the Biden administration, through Dr. Rochelle Wallensky, director of the U.S. Centers for Disease Control and Prevention, issued a new eviction moratorium that, like the previous one and its three extensions, is unconstitutional. Even the president agrees. When asked if the new moratorium would pass Supreme Court muster, President Joe Biden recently ... [read post]
2 Jun 2021, 3:30 pm
The courts are attempting to return to post-pandemic normalcy. On May 24, 2021, Chief Judge Mary Ellen Barbera issued an administrative order expanding statewide judiciary operations, and on May 27, 2021, Baltimore City Circuit Court Administrative Judge Audrey J. S. Carrion issued a parallel order regarding Baltimore City judiciary operations. We very much look forward ... [read post]
4 Mar 2021, 3:27 pm
The Maryland General Assembly appears set to allow Baltimore voters to decide whether the mayor and city council will entirely control the Baltimore City Police Department, now technically a state agency. The proposal has the support of key politicians, Senate President Bill Ferguson, among them, and if the bill passes, the city would place a ... [read post]
31 Dec 2020, 8:09 am
This board endorses that legislation. This board has previously commented on the civil right to ... [read post]
