Articles Posted in Maryland Courts

Baltimore City Chief Judge Joseph H.H. Kaplan officially retires tomorrow after a long distinguished career on the bench. Judge Clifton J. Gordy, who will also retire himself in November, will replace him as Chief Judge. I have been in front of Judge Gordy and Judge Kaplan in the last year (regrettably losing motions before both judges). I also had a weeklong trial in front of Judge Gordy a few years ago. Judge Gordy and Judge Kaplan are both highly respected by plaintiffs’ and defense lawyers in Baltimore. They always treated the lawyers and parties that came before them with respect. I will miss them.

On July 31st, the Maryland Personal Injury Lawyer Blog wrote a blog post about the concerns sitting Baltimore City Circuit Court judges John C. Themelis, Gale E. Rasin, and Barry G. Williams had about their “alphabetically challenged” last names in this year’s election. It appears as these sitting Baltimore judges have fought through that obstacle, defeating challengers Baltimore lawyer Nicholas J. Del Pizzo, III and Baltimore City District Court Judge Emanuel Brown. Similarly, the Baltimore County sitting judges up for election – Robert E. Cahill Jr., Judith C. Ensor, Timothy J. Martin, and Mickey J. Norman – also appear to have defeated their two challengers, William R. Buie III and Arthur M. Frank. These are early returns, but we expect the results to hold up.

Almost every Maryland lawyer I have spoken to regarding these contested elections dislikes this process of Maryland judges facing elections. Yet election and election it continues with no major effort to change the process.

Last month, the Maryland Court of Appeals decided Food Lion v. McNeill. The issue in McNeill is whether the testimony of an expert may be excluded at trial based on a disclosure made during discovery in response to interrogatories, that has neither been claimed nor determined to be a discovery violation, but that is challenged at trial as deficient for failing to provide information as required by Maryland Rule 2-402(f)(1)(A).

2022 Update: This case ended up being more often cited than I thought. 

Facts of Food Lion v. McNeill

Prince George’s County Circuit Court Judge William D. Missouri has been elected chair of the National Conference of State Trial Judges, which is the most prestigious organization of general jurisdiction state trial judges in the country. Judge Missouri, a former Prince George’s County prosecutor, has been on the bench in P.G. County since 1988.

Two challengers are running against three incumbent judges in Baltimore City: lawyer Nicholas J. Del Pizzo, III and Maryland District Court Judge Emanuel Brown. These candidates present a formidable challenge to the sitting judges Gale E. Rasin, John C. Themelis, and Barry G. Williams.

In particular, danger is Judge Williams. Why are these sitting judges in danger? Judicial philosophy? Their record on the bench? No, these judges are in danger because they are alphabetically challenged. It would not be the first time in Maryland a sitting judge has arguably lost because of where their last name fell in the alphabet. In recent years, alphabetically challenged sitting Judges Alexander Wright Jr, Rodney C. Warren and Donna Hill Staton have lost close elections.

The only issue judges face of any interest to the general electorate is their position on sentencing. Anne Arundel County Circuit Court Judge Paul G. Goetzke won an election in Anne Arundel County on this issue. But arguably a campaign promise to “be tough on crime” or taking a position on the death penalty is evidence of bias that should disqualify a candidate from sitting in criminal cases. Supreme Court Justice John Paul Stevens told the American Bar Association exactly this in 1996. In Anne Arundel County, the public defenders’ office, I am told, routinely asks Judge Goetzke to recuse himself for this reason.

Earlier this month, Governor Robert L. Ehrlich, Jr. elevated the Honorable Albert Willis Northrop to the Circuit Court for Prince George’s County.

Judge Wills had been a District Court judge in P.G. County since Governor Parris N. Glendening appointed him on January 3, 2003. Prior to that, he was an Orphans’ Court judge in P.G. County from 1986 to 2002.

Judge Willls will succeed Judge James J. Lombardi, who retired in March 2006. He will serve until November 2008, when he will stand for election to a full 15-year term.

The Maryland Court of Special Appeals this morning issued its opinion in Maslow v. Vanguri. In this case, the court found that Plaintiff’s pursuit of an appeal after an adverse judgment given up the doctor’s insurance company’s obligation to pay her $250,000 that it owed to her as the result of a “high-low” settlement agreement that was reached by the attorneys during a medical malpractice trial.

The Facts of the Case

The genesis for this case was a medical malpractice action in Baltimore County. The plaintiff contended that surgery was performed – a vagotomy and antrectomy.  This is a surgical procedure intended to reduce the frequency of stomach ulcers. On the 5th day of what was apparently a hard-fought medical malpractice trial, a “high/low” agreement was reached. The parties and their malpractice attorneys agreed that, regardless of the jury’s verdict, the Plaintiff would receive a minimum $250,000 recovery but a $1,000,000 maximum. The parties put on the record and agreed in writing to the “high-low” agreement, which included a clause that the Plaintiff and the doctor would waive any right of appeal.

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