Too late to debate
June 3, 2008
As I wrote in today’s paper, the Court of Special Appeals has held that a man who claimed to be the father of a child born during his marriage, despite evidence to the contrary — including his vasectomy — remains responsible for child support even after a paternity test proved otherwise.
The court reached this decision in part because the presumed father had waited almost 13 years to contest paternity. Citing the doctrine of laches, the court held that the man had “slept on his rights” by waiting for so long to claim the child was not his.
The court’s opinion mentions that other states have, by law, limited the time a presumed father can challenge paternity. The “small but growing number of states” include Colorado (within a reasonable time but no later than five years after the child’s birth); Delaware (no more than two years after the birth of the child); Illinois (within two years of obtaining “knowledge of relevant facts”); and Wyoming (no later than five years after the child’s birth), to name a few.
Do you think the intermediate court was trying to send a message to the General Assembly that Maryland should have a similar time limit on the books? Or do you think the doctrine of laches is clear enough to bar similar challenges?
CHRISTINA DORAN, Assistant Legal Affairs Editor
Sphere: Related ContentLaw blog round-up
June 2, 2008
Good afternoon! Here are a few law-related links for your Monday.
- A lawyer who handles automobile lemon claims blogs about the latest lemon-law decision (PDF) from the Court of Special Appeals.
- The governor has “moved at a snail’s pace” in appointing judges to the Court of Appeals, says The Maryland Lawyer Blog.
- Law prof Nancy Polikoff wonders why friends of Janice — of the same-sex custody case (PDF) Janice M. v. Margaret K. — didn’t tell her to stay out of court.
- The Carroll County State’s Attorney’s Office has a therapy pooch. Cute, no?
- Carolyn Elefant at MyShingle posts about a study finding that 76 percent of law firms discount their fees.
- What do you think of this ad campaign by a female-owned firm that uses the lawyers’ gender as a selling point?
CARYN TAMBER, Legal Affairs Writer
Sphere: Related ContentA not-so-short list for Sharer’s seat
May 8, 2008
The Appellate Judicial Nominating Commission has drawn up a short list for Judge Frederick Sharer’s seat on the Court of Special Appeals, and it contains the names of all but one of the applicants.
There were six candidates for the judgeship — a seventh applied but withdrew his name early on — which must be filled by someone who lives in Western Maryland. All but Judge Gary Leasure, administrative judge of the Allegany County Circuit Court, made the commission’s list of qualified candidates.
The applicants who made the list are Karen Federman Henry, a division chief in the office of the Montgomery County attorney; Kathryn Grill Graeff, chief of criminal appeals in the Office of the Attorney General; Frederick County Circuit Judge Julie Stevenson Solt; Washington County Circuit Judge Donald Beachley and Howard County Administrative Judge Diane Leasure.
Beachley and Leasure were pool candidates, meaning that they applied for a judgeship sometime in the last two years and made the short list then.
As we reported in the paper this morning, the commission has also forwarded three names to the governor for Judge Irma Raker’s former Court of Appeals seat: Court of Special Appeals Judges Mary Ellen Barbera and Patrick L. Woodward and Montgomery County Circuit Court Judge Michael D. Mason.
Of the candidates for the two seats, who do you think has the best reputation and is most qualified?
CARYN TAMBER, Legal Affairs Writer
Sphere: Related ContentJudicial Nominating Commission meets today
May 7, 2008
For those of you who follow appellate appointments, by the end of today we should be one step closer to getting two new judges.
The Appellate Judicial Nominating Commission meets today to discuss the vacancies left by the retirements of Court of Appeals Judge Irma S. Raker and Court of Special Appeals Judge J. Frederick Sharer last month. There are six applicants for Sharer’s Western Maryland seat and five for Raker’s Montgomery County seat.
The commission has the task of reviewing the applications, interviewing candidates and talking to references, then sending the governor a short list of qualified candidates.
Meanwhile, no word yet on whom the governor will pick to fill retired Judge Dale R. Cathell’s former Court of Appeals seat. Stay tuned.
CARYN TAMBER, Legal Affairs Writer
Sphere: Related ContentWanted: Judges
February 19, 2008
The judiciary has begun advertising (scroll to the bottom of the page) for the next vacancy on the Court of Special Appeals, which will be created when Judge J. Frederick Sharer turns 70 in April. Sharer sits from the third circuit, so that means his replacement will need to be from one of the counties in that district: Allegany, Carroll, Frederick, Garrett, Howard or Washington.
So all you Western Maryland lawyers and judges with Rowe Boulevard dreams, take note: applications are due March 17 at 4:30 p.m.
Court of Appeals Judge Irma Raker will also retire when she hits 70 in April, but the judiciary has not yet started soliciting applicants for her seat.
Of course, retired Judge Dale Cathell’s Court of Appeals seat hasn’t been filled yet. The Appellate Judicial Nominating Commission submitted only one
name to Gov. Martin O’Malley in January, so the governor asked the committee to try and muster up more candidates. Look for news on that a bit later this month.
CARYN TAMBER, Legal Affairs Writer
Sphere: Related ContentWhich judge wrote the most opinions?
January 14, 2008
Reporter Brendan Kearney sorted through opinion after opinion last week, hoping to reveal the state appellate judges with the most “pen power.” What resulted are two sets of information, one on the Court of Special Appeals, another on the Court of Appeals (both PDFs). If you’re curious about the contributions of retired judges or the differences in reported vs. unreported opinions, look no further.
But remember, as Court of Appeals Judge Joseph F. Murphy Jr. pointed out to Brendan, “The input that the other … judges provide to the judge who ultimately signs the opinion can’t really be defined by a statistical analysis.”
JACKIE SAUTER, Multimedia Editor
Sphere: Related ContentChoosing a new chief judge
December 5, 2007
OK, I confess: I’m a law dork. It’s hard not to get sucked into law-dorkdom when you’ve covered Maryland’s legal community for the past couple of years.
Anyway, because of my dork status, I’ve been thinking a lot today about who will replace Judge Joe Murphy as chief of the Court of Special Appeals.
UB law prof Byron Warnken suggested to me yesterday that the governor would probably pick someone who has been on the court a while, but not someone who is too close to retirement. If we’re talking about judges who will reach the mandatory retirement age soon, that eliminates Judges Davis, Salmon and Sharer, all of whom will turn 70 in the next three years.
On the other end of the spectrum, using a three-year cut-off would eliminate only the court’s newest member, Judge Woodward, who was appointed in May 2005.
Warnken also seems to believe that Judge Adkins will likely win the retiring Judge Cathell’s seat on the Court of Appeals, and that Judge Barbera is heavily favored for the Court of Appeals seat that Judge Raker will vacate in April, so he thinks they are not likely candidates for the chief judge spot.
That leaves five possibilities: judges Hollander, the two Eylers, Krauser and Meredith.
Do you agree with this list? Anyone have any guesses about whom the governor might favor? (For the record, Warnken predicts James Eyler.)
-CARYN TAMBER, Legal Affairs Writer
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