Civil Court Update from Administrative Judge for Montgomery County

Pursuant to the June 3, 2020 Court of Appeals Amended Order On The Progressive Resumption of Full Function Of Judiciary Operations and the June 3, 2020 Court of Appeals Second Revised Administrative Order On The Emergency Tolling of Suspension of Statues of Limitations And Statutory And Rules Deadlines Related To The Initiation of Matters and Certain Statutory And Rules Deadlines in Pending Matters, and the June 3, 2020 Court of Appeals Amended Administrative Order Lifting the Suspension During the VOID-19 Emergency Of Foreclosures, Evictions, And Other Ejectments Involving Residences,  the following update is provided: Effective July 20, 2020 the Judiciary entered Phase III of the Return to Full Operations. District Six will begin processing civil matters in Phase III. This will include: Affidavit judgments with trial dates prior to March 16. 2020 Consent Judgments Confessed Judgments Garnishments Civil motions and proceedings that are ripe and do not require a hearing Uncontested matters ripe prior to March 16, 2020 The following civil matters may be heard during Phase III: Wrongful detainer actions (emergency and non-emergency) Breach of lease actions Tenant holding over actions Rent escrow actions (subject to local code inspectors’ ability to provide inspections) Warrants of restitution related to judgments in said matters The following matters will proceed after July 25, 2020 (subject to any future legislation/action, Executive Order/action, Court of Appeals Order/action): Processing of previously stayed warrants of restitution for failure to pay rent action Other Landlord-Tenant actions will proceed in Phase IV, pursuant to the above-identified order and pursuant Chief Judge Morrissey’s July 16, 2020 Communication Regarding Phase III Landlord/Tenant Actions and Cares Act Information with the District Court. The following civil matters will be scheduled for dockets beginning on/after August 31: Civil proceedings previously postponed from trial dates dates of March 16, 2020 through July 20, 2020 Pursuant to Chief Judge Morrissey’s July 10, 2020 Second Revised Communication Regarding Affidavit Judgments in the District Court, cases with trial/affidavit judgement dates occurring from March 16, 2020 through July 20, 2020 will be reset for trial/affidavit judgment. Notice to parties. Thank you for your consideration of these newly phased-in civil functions. Sincerely,  Patricia Mitchell, Administrative Judge, District Court

Expungement of criminal records and application for employment or educational institution

Expunging a criminal record in Maryland has become easier to accomplish and there are few reasons not to do it if it is possible (if you are not a United States citizen you should contact an immigration attorney to discuss what additional steps you should take before having your record expunged).

The question often comes up after your record has been expunged, what do I put on an employment application or if I'm applying for college, law school or otherwise. What I say below is merely my opinion. I have not tested this argument in court. I do not have authority other than what I show below so you may want to contact me or a lawyer before you rely on it completely.

How does one get in expungement? This is important for the legal analysis. The person with the criminal record applies to the court requesting an expungement. The state of Maryland through the prosecutor's office responds to the request and the court looks at the merits of the expungement petition. Assuming that the request is meritorious the court enters a COURT ORDER declaring that the matter is expunged. The court order part is very important in this analysis. Once you have the court order then your case is officially expunged. Once you have this court order what activity by others is prohibited regarding your expunged case?

Below is the Maryland statute regarding prohibitions once your case has been expunged:

Criminal Procedure Article
Section 10-109. Prohibited acts
(a) Applications for employment or admission. -- (1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i) by an employer or educational institution of a person who applies for employment or admission; or

(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.

(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i) a criminal charge that did not result in a conviction; or

(ii) a conviction that the Governor pardoned.

(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i) an employer to discharge or refuse to hire the person; or

(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.

(b) Penalties. --
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both for each violation.

(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

In my mind the above statute is quite clear that expunged information need not be disclosed nor can the employer or academic institution make inquiry about the underlying criminal charges. That being said from the statute this clearly applies only within the state of Maryland.

What if you live in Maryland and you are applying for work in Wyoming or applying for school in Florida? What if you have moved out of Maryland and are applying for work in Wyoming or school in Florida?

To answer that I believe the United States Constitution comes into play.

The full faith and credit clause, Article IV, Section 1 provides as follows:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

I would argue that Wyoming, Florida and any other United States jurisdiction would be required to give full faith and credit to the court order of expungement (judicial proceeding) as well as to the Maryland statute prohibiting certain activities (public acts). Teasing this out though the Walmart in Wyoming is clearly not a state but the University of Wyoming is a state school. Conversely, applying for a position at the Laramie County government is in my mind state activity but applying to a private school in Wyoming would not be.

What I'm trying to say is that full faith and credit clause, in my opinion, would only apply to government entities and not private entities. Applying to the Walmart in Wyoming, if they were asking if anything had ever been expunged I think you legally would need to answer yes unless you researched Wyoming law and saw that they had an expungement statute with similar prohibitions. Applying to law school in Wyoming I believe you would not need to disclose the expunged matter because the law school is a government entity.

Whether I am right or wrong in this analysis I think there could be a good faith basis not to reveal expunged matters on many applications. If the employer or academic institution were to call you out on it I think you could make a good faith argument that the Maryland statute is very broad, prohibits disclosing expunged matters, it was a judicial act and the other jurisdiction should recognize the authority of the state of Maryland.

Hope this helps, and call me with questions.

A Strong Push in the Right Direction

This is from the chief judge of the Maryland Court of Appeals. Clearly she is listening:

"

ment on Equal Justice Under Law -- June 9, 2020

The protests of the last several weeks have coalesced into a truth that cannot be ignored: people of color are being denied their rightful equality.  Frustration and grief have poured out in response to the recent events that so horribly have illuminated injustices against people of color; injustices, sadly, that are not new.  These events represent the extremes of the all-too-common conscious—and unconscious—disrespect and disregard for the dignity of people of color.  Difficult and painful, but necessary and overdue, conversations are taking place across our state and our nation. We may be disheartened, not only that our collective efforts have been insufficient and inadequate, but that so little progress appears to have been made.  We cannot falter, as we must fulfill our mandate to ensure equal justice to all under law.  We must, individually and collectively, contribute in any way we can to overcome the bias that divides and imperils our civil society and the experiment that is our democracy.  This recognition of the need for collective resolve is not new, but perhaps our determination to address the long-term inequities spawned by slavery and Jim Crow, has, at last, become new.  In 1862, President Abraham Lincoln, in his annual message to Congress, noted: We can succeed only by concert. It is not ‘can any of us imagine better?’ but, ‘can we all do better?’ The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise — with the occasion.  As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country. Many of those among us have taken an oath to support the constitutions of the United States and Maryland.  As such, we have the particular responsibility to make the guarantees embodied in them a reality for all people.  We have the unique privilege and responsibility to administer justice:  equal justice under law. Judges swear to be fair and impartial, to do justice in every individual case.  That cannot change, but we, together, as members of the system of justice, must re-examine how we administer justice.  We must determine, along with the other branches of government, how to ensure that the protections and rights under law are afforded equally to all of us.  We must assure that our courts do not suffer bias, conscious or unconscious.  We must examine, together, the reasons for disproportionate impact upon people of color, and address those reasons. All of us—members of the judicial branch and the legal community—must, as Justice Thurgood Marshall, has demanded, ensure that the doors of justice open wide for all people—and that once inside, procedural fairness and due process are a given.  Access to legal services and representation in matters that affect the lives of all the people in our state, whether they have means or not, is essential.  No one should suffer the degradations that too often accompany poverty—and we, the stewards of the justice system, cannot allow the lack of representation in civil matters to add to the burdens of the poor.  Until governments can afford to guarantee representation to all in civil matters, the provision of legal representation pro bono publico—for the public good—and the legal services and information we provide can fill some, but not nearly enough, of the need.  In Maryland, we have begun to address some of the systemic inequities that affect the poor and people of color more often and with greater detriment.  We have begun pretrial reform, but still need pretrial services state-wide to eliminate the pretrial detention of those who do not pose a risk, but cannot afford even a low monetary bail.  We have instituted mediation in landlord-tenant cases, but we need to address the manner in which the hundreds of thousands of landlord-tenant matters are filed and administered each year. We are working to improve the justice responses to children involved with the courts.  But we do still need to better address the problems of our young, our children, who have grown up in violence and poverty, far too many of whom are of color.  We must recognize that their suffering is our suffering and their desperation, ours.  As long as they are not afforded the stability and opportunity that all children deserve and require, we risk our collective stability as a state and as a nation. We have been fortunate in Maryland to have had a longstanding commitment to a Judiciary that looks like the people it serves—and an equal commitment to access to justice.  We must, however, recognize the economic and racial disparities that persist in our justice system.  We cannot eliminate them until we make certain that all voices are heard and respected and that the perspectives and experience of all realign our practices to make good the promise of equal justice under law. To answer President Lincoln, we will do better in Maryland because we must, until we achieve what a true democracy requires: equality for all people.  Our duty and fealty to the constitutions of our state and country command that we strive toward equality.  Let us, in reaffirming our commitment to equal justice under law for all, make it known that, in Maryland, the lives of people of color do matter." Mary Ellen BarberaChief Judge

Expunging Convictions in Maryland

Thank you to the Maryland Lawyer Volunteer Services for summarizing this. It was not long ago that a conviction in Maryland would stick with you for life absent a pardon by the governor. The Gen. assembly has made certain convictions eligible for expungement. Expunging convictions on your record if you are a US citizen has great benefits and I cannot think of any viable downsides. If you are not a US citizen you should consult with an immigration attorney before requesting that the matter be expunged.

The expungement process is generally straightforward. I can help you with it at very reasonable rates.

Below are the convictions made eligible for expungement under the Justice Reinvestment Act including the three eligible convictions added as of October 1, 2018. 

---

MOST COMMON EXPUNGEABLE CONVICTIONS:

10 Year

• Public intoxication
• Possession/administration of CDS
• Drug Paraphernalia
• B&E of a Vehicle – Rogue/Vag
• Trespass – Posted Prop
• Theft
• Unauthorized Removal of Prop
• Disturbing the Peace
• Prostitution
• Affray, rioting, criminal contempt or hindering
• Violate ex-parte order
• Bad checks
• Public assistance fraud
• Disturbing the Peace/Obstructing or Hindering/Disorderly Conduct/Failure to Obey Order

 15 Year

• 2nd Degree Assault
• Felony theft
• CDS with Intent to Distribute
• Burglary – 1st, 2nd and 3rd

 Attempt, conspiracy, or solicitation of any of these listed offenses

ALL JRA CONVICTIONS:

Ten Year Waiting Period

(1) § 6–320 OF THE ALCOHOLIC BEVERAGES ARTICLE; (Public intoxication)

(2) AN OFFENSE LISTED IN § 17–613(A) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE;

• (1) § 17–502 (real estate broker/ salesperson handling of trust money)
• (2) § 17–525 (discriminatory real estate practices in Baltimore City)
• (3) § 17–526 (discriminatory real estate practices in Montgomery County)
• (4) § 17–527 (real estate broker/ salesperson soliciting listings in Baltimore City and County)
• (5) § 17–530 (agent’s disclosure in writing that the licensee represents the seller or lessor or the buyer or lessee)
• (6) § 17–532 (licensee shall comply with the provisions of this section when providing real estate brokerage services)
• (7) § 17–601 (real estate broker must be licensed)
• (8) § 17–602 (fraudulent misrepresentation as licensed real estate broker)
• (9) § 17–603 (real estate broker cannot allow unauthorized individual to provide brokerage services)
• (10) § 17–604 (real estate broker/ salesperson cannot compensate unlicensed person for brokerage services)
• (11) § 17–605 (a real estate broker/ salesperson may not compensate a lawyer for the referral of a person as a possible party to a residential real estate transaction)
• (12) § 17–606 (on real property outdoor sign, cost of ground rent cannot be smaller than price of real property)
• (13) § 17–607 (real estate transaction involving a single-family dwelling, a real estate broker/ salesperson may not require a buyer, as a condition of settlement, to employ particular agents)
• (14) § 17–608 (induce another person to sell or rent a dwelling or otherwise transfer real estate or knowingly discourage or attempt to discourage another person from buying real estate)
• (15) § 17–609 (prohibition on solicitation to change the racial composition of a neighborhood)
• (16) § 17–610 (prohibition on submitting false documents to the Commission)
• (17) § 17–611 (prohibition on violating a suspension order)

(3) § 5–712, § 19–304, § 19–308, OR TITLE 5, SUBTITLE 6 OR SUBTITLE 9 OF THE BUSINESS REGULATION ARTICLE;

• 5–712 (failure to deposit money received under or in connection with a preneed burial contract)
• 19–304 (recordation prohibitions)
• 19–308 (plastic secondary packaging manufacturing and usage)
• TITLE 5
  • SUBTITLE 6 (regulations related to cemetery maintenance – trust fund required)
  • SUBTITLE 9 (regulations related to operating a cemetery – licensure)

(4) § 3–1508 OR § 10–402 OF THE COURTS ARTICLE;

• 3–1508 (failure to comply with the relief granted in an interim peace order)
• 10–402 (electronic communication prohibitions)

(5) § 14–1915, § 14–2902, OR § 14–2903 OF THE COMMERCIAL LAW ARTICLE;

• 14–1915 (penalties for violation of this subtitle)
• 14–2902

• (a) untrue, deceptive, or misleading advertisements
• (b) sale of repossessed, reconditioned, rebuilt, or secondhand property
• (c) advertise for sale property or a service that the person does not possess or control
• (d) omit reference to the country of registry of the vessel when issuing, selling or offering to sell ticket to board

• 14–2903 (advertising with intent not to sell)

(6) § 5–211 OF THE CRIMINAL PROCEDURE ARTICLE;

• 5–211 (Failure to surrender after forfeiture of bail or recognizance)

(7) § 3–808 OF THE CRIMINAL LAW ARTICLE;

• 3–808 False, fictitious, or fraudulent liens or encumbrances prohibited

(8) § 5–601, § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, OR § 5–902 OF THE CRIMINAL LAW ARTICLE;

• 5–601 (Possession/administration of CDS)
• 5–618 (Poss/purchase of noncontrolled substance)
• 5–619 (Drug Paraphernalia)
• 5–620 (Controlled paraphernalia)
• 5–703 (Unsolicited mailing)
• 5–708 (Inhalent)
• 5–902 (Prohibited Acts)

(9) § 6–105, § 6–108, § 6–206, § 6–303, § 6–306, § 6–307, § 6–402, OR §6–503 OF THE CRIMINAL LAW ARTICLE;

• 6–105 (Malicious Burning of Property in the 2nd degree)
• 6–108 (Burning trash container)
• 6–206 (B&E of a Vehicle- Rogue/Vag)
• 6–303 (Pub Utility Interference- Electrical Equip)
• 6–306 (Serial #- Alteration/Sale of Good)
• 6–307 (Serial #- Possession and Use)
• 6–402 (Trespass- Posted Prop),
• 29 6–503 (Unauthorized Access to RR Vehicle)

(10) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, OR § 7–309 OF THE CRIMINAL LAW ARTICLE;

• 7–104 (Theft)
• 7–203 (Unauthorized removal of Prop)
• 7–205 (Failure to Return Rental Vehicle)
• 7–304 (Obtaining telephone records without authorization)
• 7–308 (Prohibited transfer of recorded sounds or images)
• 7–309 (Penalty- First of subsequent)

(11) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, §8–503, § 8–521, § 8–523, OR § 8–904 OF THE CRIMINAL LAW ARTICLE;

• 8–103 (Obtaining Prop/Services by Bad Check)
• 8–206 Obtaining prop by counterfeiting/Theft/Misrep)
• 8–401 (Fradulent conversion of partnership assets)
• 8–402 (Fraudulent misrep by corporate officer/agent)
• 8–404 (Pyramid promotional schemes)
• 8–406 (misuse of documents of title)
• 8–408 (Unlawful subleasing of motor vehicles)
• 8–503 (Public assistance fraud)
• 8–521 (Fraudulently obtaining legal rep from the PD‘s office)
• 8–523 (Housing assistance fraud)
• 8–904 (Racehorse under false name)

(12) § 9–204, § 9–205, § 9–503, OR § 9–506 OF THE CRIMINAL LAW ARTICLE;

• 9–204 (Bribery of person participating in/connected with athletic contest)
• 9–205 (Acceptance of bribe by person participating in/connected with athletic contest)
• 9–503 (False statement to public official concerning crime or hazard)
• 9–506 (MD higher ed commission fund application- false or concealed material fact)

(13) § 10–110, § 10–201, § 10–402, § 10–404, OR § 10–502 OF THE CRIMINAL LAW ARTICLE;

• 10–110 (Illegal dumping and litter control law)
• 10-201 (Obstructing or hindering the free passage of another, disorderly conduct/disturbing the peace, failure to obey a reasonable lawful order, disturbing the peace/loud noise, building fire on a beach or other property [Wicomico County]).
• 10–402 (Removing human remains without authority)
• 10–404 (Cemetery- Destroying funeral objects; indecent conduct)
• 10–502 (Bigamy)

(14) § 11–306(A) OF THE CRIMINAL LAW ARTICLE;

• 11–306(A) (Prostitution)

(15) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §12–204, § 12–205, OR § 12–302 OF THE CRIMINAL LAW ARTICLE

• 12–102 (Betting, wagering, gambling and related activities)
• 12–103 (Playing certain games)
• 12–104 (Gambling device, or building, vessel, or place for gambling)
• 12–105 (Gambling on vessel or building or other structure on or over water)
• 12–109 (Prearrangement or predetermination of horse race results)
• 12–203 (Scales and draw of lottery devices),
• 12–204 (Location of sales/barter of lottery devices)
• 12–205 (Possession of lottery devices/records)
• 12–302 (Possession/operation of slot machine)

(16) § 13–401, § 13–602, OR § 16–201 OF THE ELECTION LAW ARTICLE

• 13–401 (requirements of the authority line in each item of campaign material)
• 13–602 (offers, gifts, money, etc. may not be used to influence voting)
• 16–201

• (a)(1) Impersonate someone to vote or attempt to vote / Vote or attempt to vote under false name
• (a)(2) vote more than once for a candidate or on same ballet
• (a)(3) vote more than once in the same election
• (a)(4) vote in an unauthorized district
• (a)(5) influence or attempt to influence a vote through force, threat, menace, intimidation, bribery or offer of reward
• (a)(6) influence or attempt to influence a voter’s decision to go to the polls through force, threat, menace, intimidation, bribery or offer of reward
• (a)(7) engage in conduct that denies right to vote on basis of race, color or disability

(17) § 4–509 OF THE FAMILY LAW ARTICLE

• 4–509 (Penalties- Failure to comply with interim/temp/final protective order)

(18) § 18–215 OF THE HEALTH – GENERAL ARTICLE;

• (a) physician who fails to submit report under § 18–204 of this subtitle
• (b) person who violates any provision of § 18–202 of this subtitle
• (c) in addition to any other penalty provided by law, a physician who fails to submit the report required under § 18–201 of this subtitle
• (d) person who violates any provision of § 18–205 of this subtitle
• (e) disclosing personal identifying health information acquired for the purposes of HIV and AIDS reporting
• (f) requesting or obtaining information on HIV and AIDS under false pretenses or through deception

(19) § 4–411 OR § 4–2005 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE

• 4-411 (False statement on a document required to be submitted for a Rental Housing Program loan
• 4-2005 (False statement on a document required to be submitted for an Energy-Efficient Homes Construction Program loan)

 (20) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, §27–407.1, OR § 27–407.2 OF THE INSURANCE ARTICLE

• 27–403 (fraudulent insurance acts)
• 27–404 (insurer to write or place a policy or insurance contract or pay a commission or other consideration to a person that does not have a certificate of qualification)
• 27–405 (to act as or represent to the public as an insurance agent or another component of the insurance process)
• 27–406 (false or fraudulent statement or representation in or with reference to an application for insurance)
• 27–406.1 (an individual surety to solicit or issue a surety bond or contract of surety insurance except as provided in:

• (b)(1) §§ 13–207 and 17–104 of the State Finance and Procurement Article; and
• (b)(2) for an uncompensated person, §§ 5–203 and 5–204 of the Criminal Procedure Article

• 27–407

• (1) to solicit, for personal gain, an individual injured by or in a motor vehicle to sue or retain a lawyer to represent that individual in a lawsuit
• (2) to solicit, to solicit, an individual injured by or in a motor vehicle to seek care from a health care practitioner
• (3) a lawyer or health care practitioner to employ or compensate a person for the purpose of having that person solicit or attempt to solicit clients for the lawyer or health care practitioner

• 27–407.1 (intentional motor vehicle accident or a scheme to create documentation of a motor vehicle accident that did not occur with purpose of submitting a claim)
• 27–407.2 (contractor offering home repair or remodeling services for damages to a private residence caused by weather, to pay or otherwise compensate an insured with intent to defraud an insurer)

(21) § 5–307, § 5–308, § 6–602, § 7–402, OR § 14–114 OF THE PUBLIC SAFETY ARTICLE

• 5–307 (handgun permit)
• 5–308 (carrying handgun permit whenever handgun is carried)
• 6–602 (represent themselves as or interfere with or obstruct the State Fire Marshal, a deputy State fire marshal, or a special assistant State fire marshal)
• 7–402 (represent themselves as or interfere with or obstruct a firefighter, a rescue squad member, or emergency services personnel)
• 14–114 (violate an order, rule, or regulation issued under the authority of this subtitle)

(22) § 7–318.1, § 7–509, OR § 10–507 OF THE REAL PROPERTY ARTICLE

• 7–318.1 (foreclosure consultant fails to obtain a real estate broker’s license or violates any provision of Title 17 of the Business Occupations and Professions Article)
• 7–509 (penalties for violating this subtitle)
• 10–507 (failure to comply with this subtitle or any breach of any trust created by this subtitle)

(23) § 9–124 OF THE STATE GOVERNMENT ARTICLE

• 9–124 (state lottery ticket prohibitions)

(24) § 13–1001, § 13–1004, § 13–1007, OR § 13–1024 OF THE TAX –GENERAL ARTICLE

• 13–1001 (failure to file a tax return)
• 13–1004 (tax fraud through income tax return preparer)
• 13–1007 (failure to file income tax withholding return)
• 13–1024 (evade payment of a tax, prevent the collection of a tax, fails to provide information as required, or provides false or misleading information)

(25) THE COMMON LAW OFFENSES OF AFFRAY, RIOTING, CRIMINAL CONTEMPT, OR HINDERING; OR

(26) AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE LISTED IN ITEMS (1) THROUGH (25) OF THIS SUBSECTION.

Fifteen Year Waiting Period

-§ 3–203 OF THE CRIMINAL LAW ARTICLE – 2nd degree Assault

-An offense classified as a “domestically related crime” under Criminal Procedure Article § 6-233. This is determined on a case-by-case basis. In cases where the victim is a family member or cohabitant of the defendant, the State’s Attorney has the discretion to ask the Court to make a finding that a given offense is a domestically related crime. This finding will be reported to the Criminal Justice Information System Central Repository.

A felony that is a violation of:

– § 7–104 OF THE CRIMINAL LAW ARTICLE

(Theft, theft by deception, possession of stolen property) [Felony is defined as theft of property valued at least $1,500.]

-THE PROHIBITION AGAINST POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE UNDER § 5–602(2) OF THE CRIMINAL LAW ARTICLE

(CDS – Possession with intent to distribute or dispense)

– § 6–202(A), § 6–203, OR § 6–204 OF THE CRIMINAL LAW ARTICLE

(1^st degree burglary, 2^nd degree burglary, 3^rd degree burglary)

– AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE LISTED

Worth reading if you are a tenant or having trouble with your mortgage

Page 1 of 3 IN THE COURT OF APPEALS OF MARYLAND ADMINISTRATIVE ORDER ON SUSPENSION OF FORECLOSURES AND EVICTIONS DURING THE COVID-19 EMERGENCY WHEREAS, Pursuant to the Maryland Constitution, Article IV, § 18, the Chief Judge of the Court of Appeals is granted authority as the administrative head of the Judicial Branch of the State, including the closing of courts in the State of Maryland and non-court judicial facilities; and WHEREAS, The Court of Appeals has approved Chapter 1000 of Title 16 of the Maryland Rules of Practice and Procedure setting forth the emergency powers of the Chief Judge of the Court of Appeals; and WHEREAS, In instances of emergency conditions, whether natural or otherwise, that significantly affect access to or the operations of one or more courts or other judicial facilities of the State or the ability of the Judiciary to operate effectively, the Chief Judge of the Court of Appeals may be required to determine the extent to which court operations or judicial functions shall continue; and WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and consistent with guidance issued by the Centers for Disease Control, an emergency exists that poses a threat of imminent and potentially lethal harm to vulnerable individuals who may come into contact with a court or judicial facility and personnel; and WHEREAS, To the extent possible, the courts and judicial offices and units have remained operational and provided scheduled and required events while balancing the health and safety needs of court visitors and personnel during the early stage of this emergency; and Page 2 of 3 WHEREAS, Escalation of the emergency has required comprehensive measures to protect the health, safety, and well-being of Maryland residents and Judiciary personnel; and WHEREAS, The Administrative Order on Statewide Judiciary Restricted Operations Due to the COVID-19 Emergency filed March 16, 2020, authorizes the courts’ consideration or resolution of matters that can be addressed without a proceeding that involves testimony or argument; and WHEREAS, Foreclosures of residential property, foreclosures of the right to redeem residential property sold in a tax sale, and residential evictions present the strong likelihood of creating undue hardship if completed during the pendency of the emergency, NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals and administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV, § 18 of the Maryland Constitution, do hereby order this 18th day of March 2020, as follows: (a) Those foreclosures of residential properties and foreclosures of the rights of redemption of residential properties pending in the circuit courts shall be stayed effective immediately; and (b) Residential eviction matters pending in the District Court of Maryland and all pending residential eviction orders shall be stayed effective immediately; and (c) New foreclosure of residential property, foreclosure of rights of redemption after a tax sale, and residential evictions shall be stayed upon filing; and (d) To the extent that this Administrative Order conflicts with extant Administrative Orders, local judicial orders or memoranda, this Administrative Order shall prevail; and Page 3 of 3 (e) This Administrative Order will be revised as circumstances warrant. /s/ Mary Ellen Barbera Mary Ellen Barbera Chief Judge Court of Appeals of Maryland Filed: March 18, 2020 /s/ Suzanne C. Johnson Suzanne C. Johnson Clerk Court of Appeals of Maryland

District court update

DISTRICT COURT NOTICE PUBLIC HEALTH EMERGENCY - COVID 19 PANDEMICTHE DISTRICT COURT IS CLOSED UNITL APRIL 6, 2020BY ORDER OF THE COURT OF APPEALS MANDATORY CASES HEARD DAILY     BAIL REVIEWS      BENCH WARRANTS     BODY ATTACHMENTS      EMERGENCY EVALUATION PETITION      QUARANTINE AND ISOLATION VIOLATIONS ACCESS LIMITED TO LAWYERS, LITIGANTS FOR THESE CASES AND CREDENTIALED MEMBERS OF THE MEDIA ONLY EMERGENCY CASES HEARD IN THE COURT’S DISCRETION     DOMESTIC VIOLENCE PROTECTIVE ORDERS     CRIMINAL COMPETENCY      MOTIONS REGARDING           EXTREME RISK PROTECTIVE ORDERS           DOMESTIC VIOLENCE PROTECTIVE ORDERS/CUSTODY/GUNS/VACATE HOME           PEACE ORDERS           CONTEMPT HEARINGS-PEACE AND PROTECTIVE ORDERS           MATTERS FOR LOCALLY INCARCERATED DEFENDANTS YOU MAY FILE A REQUEST FOR EMERGENCY HEARING/RULING:     PROVIDE PHONE CONTACT.      A CASE MAY BE BY PHONE OR REMOTE VIDEO (SKYPE OR ZOOM, ETC.)      A CASE MAY BE AFTER THE EMERGENCY PERIOD HAS ENDED      A CASE MAY BE DECIDED WITHOUT A HEARING.       **THE CLERK’S OFFICE IS CLOSED** FILING PLEADINGS                                     US MAIL                                                         DROP BOX 8:30 AM-4:30 PM* M-F                COMMISSIONER-4:30 PM-8:30 AM & SAT/SUN  MAKING PAYMENTS US MAIL DROP BOX 8:30 AM – 4:30 PM*M-FONLINE – 24 HOURS ALL OTHER CASES ARE CONTINUED AND WILL BE RESET BY MAIL NO BENCH WARRANT WILL ISSUED QUESTIONS – CALL 301-563-8800 – 8:30 AM – 4:30 PM COMMISSIONERS OFFICES ARE OPENRockville - 191 E. Jefferson Street -- OPEN 24/7/365Central Processing Unit - 1307 Seven Locks Rd -- OPEN 24/7/365Silver Spring – 8552 Second Avenue -- OPEN 8AM-12AM DAILY GO TO THE COMMISSIONERS OFFICE TO:      FILE FOR CRIMINAL CHARGES     INITIAL APPEARANCE ADVICE OF RIGHTS     POST BAIL/BOND      SATISFY A BENCH WARRANT      DOMESTIC VIOLENCE PROTECTION      PEACE ORDER PROTECTION      EXTREME RISK PROTECTIVE ORDER PROTECTION *AVOID GROUPS OF OVER 10 PEOPLE *REMAIN 6 FEET AWAY FROM OTHERS *IF YOU HAVE ANY OF THESE SYMPTOMS AND YOU ARE SAFE, GO HOME & CONTACT YOUR DOCTOR      RUNNY NOSE      SORE THROAT      COUGH      FEVER      DIFFICULTY BREATHING CALL 911 FOR EMERGENCY HELP Patricia Mitchell District Six Administrative Judge3.19.2020

Worth reading actually:

CONSTITUTION OF MARYLAND

ADOPTED BY THE CONVENTION

Which Assembled at the City of Annapolis on the Eighth Day of May, Eighteen Hundred and Sixty-seven, and Adjourned on the Seventeenth Day of August, Eighteen Hundred and Sixty-seven, and was Ratified by the People on the Eighteenth Day of September, Eighteen Hundred and Sixty-seven [with Amendments through Two Thousand and Eighteen (including amendments proposed by the General Assembly and ratified by the voters November 6, 2018)].

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DECLARATION OF RIGHTS.

We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:

Article 1. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.

Art. 2. The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding.

Art. 3. The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.

Art. 4. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.

Art. 5. (a)

(1) That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty-seven; except such as may have since expired, or may be inconsistent with the provisions of this Constitution; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the Inhabitants of Maryland are also entitled to all property derived to them from, or under the Charter granted by His Majesty Charles the First to Caecilius Calvert, Baron of Baltimore.
(2) Legislation may be enacted that limits the right to trial by jury in civil proceedings to those proceedings in which the amount in controversy exceeds $15,000 (added by Chapter 422, Acts of 2006, ratified Nov. 7, 2006; amended by Chapter 480, Acts of 2010, ratified Nov. 2, 2010).

(b) The parties to any civil proceeding in which the right to a jury trial is preserved are entitled to a trial by jury of at least 6 jurors.

(c) That notwithstanding the Common Law of England, nothing in this Constitution prohibits trial by jury of less than 12 jurors in any civil proceeding in which the right to a jury trial is preserved (amended by Chapters 203, 204, Acts of 1992, ratified Nov. 3, 1992).

Art. 6. That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.

Art. 7. That the right of the People to participate in the Legislature is the best security of liberty and the foundation of all free Government; for this purpose, elections ought to be free and frequent; and every citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage (amended by Chapter 357, Acts of 1971, ratified Nov. 7, 1972).

Art. 8. That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other.

Art. 9. That no power of suspending Laws or the execution of Laws, unless by, or derived from the Legislature, ought to be exercised, or allowed.

Art. 10. That freedom of speech and debate, or proceedings in the Legislature, ought not to be impeached in any Court of Judicature.

Art. 11. That Annapolis be the place of meeting of the Legislature; and the Legislature ought not to be convened, or held at any other place but from evident necessity.

Art. 12. That for redress of grievances, and for amending, strengthening and preserving the Laws, the Legislature ought to be frequently convened.

Art. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner.

Art. 14. That no aid, charge, tax, burthen or fees ought to be rated or levied, under any pretense, without the consent of the Legislature.

Art. 15. That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited; that paupers ought not to be assessed for the support of the government; that the General Assembly shall, by uniform rules, provide for the separate assessment, classification and sub-classification of land, improvements on land and personal property, as it may deem proper; and all taxes thereafter provided to be levied by the State for the support of the general State Government, and by the Counties and by the City of Baltimore for their respective purposes, shall be uniform within each class or sub-class of land, improvements on land and personal property which the respective taxing powers may have directed to be subjected to the tax levy; yet fines, duties or taxes may properly and justly be imposed, or laid with a political view for the good government and benefit of the community (amended by Chapter 390, Acts of 1914, ratified Nov. 2, 1915; Chapter 64, Acts of 1960, ratified Nov. 8, 1960).

Art. 16. That sanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter.

Art. 17. That retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto Law ought to be made; nor any retrospective oath or restriction be imposed, or required.

Art. 18. That no Law to attaint particular persons of treason or felony, ought to be made in any case, or at any time, hereafter.

Art. 19. That every man, for any injury done to him in his person or property, ought to have remedy by the course of the Law of the Land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the Law of the Land.

Art. 20. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties and estate of the People.

Art. 21. That in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the Indictment, or charge, in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

Art. 22. That no man ought to be compelled to give evidence against himself in a criminal case.

Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

The right of trial by Jury of all issues of fact in civil proceedings in the several Courts of Law in this State, where the amount in controversy exceeds the sum of $15,000, shall be inviolably preserved (amended by Chapter 407, Acts of 1949, ratified Nov. 7, 1950; Chapter 789, Acts of 1969, ratified Nov. 3, 1970. Transferred from Article XV, secs. 5 and 6, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. Amended by Chapters 205, 206, Acts of 1992, ratified Nov. 3, 1992; Chapter 322, Acts of 1998, ratified Nov. 3, 1998; Chapter 480, Acts of 2010, ratified Nov. 2, 2010).

Art. 24. That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the Law of the land (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Art. 25. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted, by the Courts of Law.

Art. 26. That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal, and ought not to be granted.

Art. 27. That no conviction shall work corruption of blood or forfeiture of estate.

Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.

Art. 29. That Standing Armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature.

Art. 30. That in all cases, and at all times, the military ought to be under strict subordination to, and control of, the civil power.

Art. 31. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by Law.

Art. 32. That no person except regular soldiers, marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law.

Art. 33. That the independency and uprightness of Judges are essential to the impartial administration of Justice, and a great security to the rights and liberties of the People: Wherefore, the Judges shall not be removed, except in the manner, and for the causes provided in this Constitution. No Judge shall hold any other office, civil, or military or political trust, or employment of any kind, whatsoever, under the Constitution or Laws of this State, or of the United States, or any of them; except that a judge may be a member of a reserve component of the armed forces of the United States or a member of the militia of the United States or this State; or receive fees, or perquisites of any kind, for the discharge of his official duties (amended by Chapter 61, Acts of 1990, ratified Nov. 6, 1990).

Art. 34. That a long continuance in the Executive Departments of power or trust is dangerous to liberty; a rotation, therefore, in those departments is one of the best securities of permanent freedom (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Art. 35. That no person shall hold, at the same time, more than one office of profit, created by the Constitution or Laws of this State; nor shall any person in public trust receive any present from any foreign Prince or State, or from the United States, or any of them, without the approbation of this State. The position of Notary Public shall not be considered an office of profit within the meaning of this Article. Nonelected membership in the militia of this State, a law enforcement agency, a fire department or agency, or a rescue squad shall not be considered an office of profit within the meaning of this Article; nor shall any remuneration received as a consequence of membership in a reserve component of the armed forces of the United States or of membership in the militia of the United States or of this State be considered a present within the meaning of this Article (amended by Chapter 129, Acts of 1964, ratified Nov. 3, 1964; Chapter 61, Acts of 1990, ratified Nov. 6, 1990; Chapter 80, Acts of 1996, ratified Nov. 5, 1996).

Art. 36. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law to be molested in his person or estate, on account of his religious persuasion, or profession, or for his religious practice, unless, under the color of religion, he shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship, or any ministry; nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or in the world to come.

Nothing shall prohibit or require the making reference to belief in, reliance upon, or invoking the aid of God or a Supreme Being in any governmental or public document, proceeding, activity, ceremony, school, institution, or place.

Nothing in this article shall constitute an establishment of religion (amended by Chapter 558, Acts of 1970, ratified Nov. 3, 1970).

Art. 37. That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.

Art. 38. Vacant (amended by Chapter 623, Acts of 1947, ratified Nov. 2, 1948. Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Art. 39. That the manner of administering an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession, or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being.

Art. 40. That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege.

Art. 41. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered.

Art. 42. That no title of nobility or hereditary honors ought to be granted in this State.

Art. 43. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the People. The Legislature may provide that land actively devoted to farm or agricultural use shall be assessed on the basis of such use and shall not be assessed as if sub-divided (amended by Chapter 65, Acts of 1960, ratified Nov. 8, 1960).

Art. 44. That the provisions of the Constitution of the United States, and of this State, apply, as well in time of war, as in time of peace; and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good Government, and tends to anarchy and despotism.

Art. 45. This enumeration of Rights shall not be construed to impair or deny others retained by the People.

Art. 46. Equality of rights under the law shall not be abridged or denied because of sex (added by Chapter 366, Acts of 1972, ratified Nov. 7, 1972. Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Art. 47. (a) A victim of crime shall be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process.

(b) In a case originating by indictment or information filed in a circuit court, a victim of crime shall have the right to be informed of the rights established in this Article and, upon request and if practicable, to be notified of, to attend, and to be heard at a criminal justice proceeding, as these rights are implemented and the terms "crime", "criminal justice proceeding", and "victim" are specified by law.

(c) Nothing in this Article permits any civil cause of action for monetary damages for violation of any of its provisions or authorizes a victim of crime to take any action to stay a criminal justice proceeding (added by Chapter 102, Acts of 1994, ratified Nov. 8, 1994).