Print Page   |   Contact Us   |   Sign In   |   Join BAMC
Bench Bar -- District Court
Share |
Annual Meeting &Law Day
Bench Bar -- Circuit Court
Bench Bar -- District Court
Community Outreach
Fee Dispute Resolution
Judicial Selections Panel
Lawyer to Lawyer
Lawyer Referral Service
Leadership Development Academy
Legal Ethics

Legislation

Membership Benefits
Mentor/Mentee
Nominations &Elections
Social
Softball
Specialty Bar Associations
Strategic Planning
Social Media/
Technology
Youth Courthouse Project

Random Entry Screening Procedure
      The District Court of Maryland for Montgomery County will institute in the month of April, 2016 a Random Entry Screening Procedure for all persons who enter the District Court for Montgomery County for the Rockville (191 E. Jefferson Street) and Silver Spring (8552 Second Avenue) locations.
Random Entry Screening Procedure

 

District Court Bench Bar Committee

The Committee met on April 25, 2018.  The following matters will be of interest to the Bar.


Preliminary Inquiries
The Court will not issue Bench Warrants, but expect people to appear.

Active-duty military/representation
Judge Mitchell suggested possible BAMC support for a committee for members of the military. This would assist in the occasional representation of military members who are involved in litigation as defendants. 

Shielding/Sealing 
The Court is concerned about the volume of requests for Sheilding and Sealing. It is suggested that counsel carefully read the applicable rules. It is also necessary to have a hearing, so it becomes a case management issue.

Mental Health Court 
The first Graduation is May 10.

The County’s DHHS is underwriting this graduation.

Montgomery’s Miracles has agreed to support the MHC. This will allow us to offer more support to clients (co-pays, transportation, clothing, incentives, lab fees).

New Legislation applicable to the District Court
 
(Check back to see if the governor has signed these bills.)
SB 170 = misdemeanor to violate a condition of release  (10-1-18)
• Prohibiting contact/harass/abuse an alleged victim
• Prohibiting going in/near alleged victim’s residence, employment
IF THE PERSON IS CHARGED WITH COMMITTING
• Title 3/subtitle 3 against minor (sex offenses)
• Crime of violence (5-101 of Public Safety)
• Crime against victim who is PEFR (4-501 FL)****
Definition may be tricky since PEFR has so many interpretations
HB 1302 – Extreme Risk Protective Orders (10-1-18)
• Courts/Judicial Proceedings 9-109
— Adds to the exceptions (no privilege) an “extreme risk protective order under Title 5, subtitle 6 of PS in which psych/psychol is petitioner and patient/former patient is respondent and disclosure necessary to obtain relief
— Same for mental health nursing specialist, counselor, social worker who is petitioner against client/former client
• Public Safety Subtitle 6, Section 5-601 et. seq
— ERPO structured similarly to DV protective order
— Called protective order so that it fits within the const. amendment that allows commissioners to issue interim protective orders
— Creates ERPO as a civil interim, temp, final protective order (this allows it to fall within commissioner’s constitutional authority)
— Defines petitioner to include, dr, social worker, therapise, nurse, counselor, health officer, designee of health officer who has examined individual; law enforcement, spouse, cohabitant, person related by blood/marriage/adoption (**No degree of consanguinity); current dating or intimate partner (not defined); current or former legal guardian (no time frame of guardianship; no definition)
— Petition must explain how respondent poses immediate & present danger of causing personal injury to respondent, petitioner, another – by possessing a firearm
— Must explain facts and basis of knowledge for facts
— Number/types/locations of firearms believed to be possessed
— Exclusive original jurisdiction with District Court/Commissioner
— All records are confidential and only available by order of court for good cause shown
— No civil liability for good faith filing
— Order can prohibit respondent from possessing firearms upon finding of reasonable grounds that respondent poses immediate/present danger of causing personal injury by possessing a firearm
— Require respondent to surrender firearms and ammo
— Prohibit from purchasing or possessing same
— Allows commissioner to determine if respondent meets requirements of EEP and requires commissioner to “refer resp to law enforcement for determination of whether resp should be taken for EEP”!!!!!!
— Issuance/time frames/service mirror DV protective order times
— Valid up to 1 year, extend for 6 mos.
— Allows SAO or law enforcement to obtain a search warrant to retrieve firearms upon learning that resp. possesses same in violation of existing order – anywhere
— Violation of order is misdemeanor/ 90/1000; 1 yr/2500

 ~

DISTRICT COURT PRACTICE POINTERS
      • Dismissal Upon Stipulated Terms:
       It was traditional in civil matters, that if the parties reached a settlement by the court date but were not able to either complete the settlement or finalize the settlement agreement, attorneys would ask for the case to be “passed for settlement”.  It has been a long time since this procedure has been followed.  Due to case management and docket control issues, cases can not be left open.  
     To address the concern about reaching a settlement under circumstances where the Defendant wants to settle, but does not want a judgment entered, and the Plaintiff wants to have the ability to enforce the claim if there is a default under the settlement, Rule 3-506(b) was created to permit the parties to enter into a settlement agreement without entering a judgment against the Defendant, but still protecting the Plaintiff in the event that the settlement is not complied with.  

Rule 3-506. Voluntary dismissal

     (b) Dismissal upon stipulated terms. If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.

Note the following in connection with 3-506(b) dismissal:
     1. There is no comparable rule in Circuit Court, this rule is only applicable to District Court.  
     2. The rule requires that the settlement stipulation be on written stipulated terms.  The parties should create a memorandum of the agreement rather than requesting it to be dismissed without any written agreement that is signed by the parties.
     3. The action may be reopened at any time upon the request of any parties to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.
     4. Even though the case is entered as dismissed on the docket pursuant to the stipulated terms, the court requests that once a settlement is performed, the other party file a pleading to that effect, so that the record will reflect that the settlement has been satisfied. 
     5. A suggested form for a dismissal under this rule can be found at:
http://www.courts.state.md.us/district/forms/civil/dccv021.pdf

Co-Chairs

Reginald W. Bours
Richard D. London

 

Meeting
Dates

Committee Meetings will be held on the last Wednesday of the month (September - May) at 8AM in the Judges Conference Room in the District Court building, 191 East Jefferson St., Rockville, MD, unless otherwise noted.