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lawlibrary Maryland Law

Maryland 2022 Session: New Laws in Effect July 1, 2022

New laws go into effect in Maryland on July 1, 2022.  While most of the laws enacted in the 2022 session will go into effect on October 1, there are laws that will take effect in July. The Department of Legislative Services General Assembly of Maryland Dates of Interest 2022 SESSION indicates that on July 1 budgetary, tax, and revenue bills take effect and that October 1 is the usual effective date for bills.

The Maryland Manual explains the effective dates in the article, “THE LEGISLATIVE PROCESS: HOW A BILL BECOMES A LAW”:

All bills passed by the General Assembly become law when signed by the Governor, or when passed over the Governor’s veto by three-fifths of the membership of each house. According to the Constitution, laws thus approved take effect on the first day of June after the session in which they were passed, except when a later date is specified in the act, or the bill is declared an emergency measure. For many years, most laws took effect July During the 1992 Session, however, October 1 began to be used as the standard effective date for legislation, coinciding with the start of the federal government’s fiscal year. Emergency bills, passed by three-fifths of the total number of members of each house, become law immediately upon their approval by the Governor.

All passed bills, except the budget bill and constitutional amendments, must be presented to the Governor within twenty days following adjournment of a session. The Governor may veto such bills within thirty days after presentation. If a passed bill is not vetoed, it becomes law. The budget bill, however, becomes law upon its final passage and cannot be vetoed. Constitutional amendments also cannot be vetoed; they become law only upon their ratification by the voters at the next general election.

Bills going into effect on July 1 include:

Inclusive Schools Act (HB850/CH739) prohibits “county boards of education and certain schools and prekindergarten programs from taking certain discriminatory actions because of a person’s race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.”

Abortion Care Access Act (HB937/CH56) creates the Abortion Care Clinical Training Program in the Maryland Department of Health to ensure that there are a sufficient number of health professionals to provide abortion care.

Retirement Tax Elimination Act of 2022 (SB405/CH4 and HB1468/CH3) allows a subtraction modification under the Maryland income tax.

Time to Care Act (SB275/CH48) establishes the Family and Medical Leave Insurance Program.

Work Opportunity Tax Credit (SB598/CH5 and HB2/CH6) allows employers that claim the federal work opportunity credit to claim a credit against the State income tax.

A full listing of bills effective July 1, 2022 is here.

There are laws that were passed in previous sessions that take effect this July 1. For example a law affecting the calculation of child support was passed in 2020 (HB496/CH 383 and SB809/CH384) but was delayed in 2021 (HB1339/CH305) to take effect this year on July 1.

See the “The 90 Day Report: A Review of the 2022 Legislative Session” for more information on the 2022 session.  There is a similar report that covers the last five years: Major Issues Review 2019-2022.

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lawlibrary

Lawyer in the Library: Wrap-Up for June 2022

Steve Migdal was THE “Lawyer in the Library” this month providing legal assistance with such issues as homeowner association disputes, small claims, debt collection and administrative appeals.

“Ask a Lawyer in the Library” is held every Wednesday of the month from 11:00 a.m. – 1:00 p.m. and on the third Wednesday from 4:30 p.m. – 6:30 p.m. (The evening program will not be held this summer and will resume in September.) You can talk with a volunteer lawyer for at least 20 minutes about your civil, non-family legal problem for free. All sessions are now conducted over Zoom or by phone.

The Family Court Help Center is available to help with divorce, child custody, child support, name change and other family law related issues, Monday through Friday from 8:30 am to 4:30 pm. (The center is closed for lunch from 1:00 – 2:00)

This Lawyer in the Library program is sponsored by Anne Arundel County Local Pro Bono Committee, Maryland Volunteer Lawyers Service, and the Anne Arundel Bar Association. It is hosted by the Anne Arundel County Public Library.

Register online here or call the law library for help. Once you have registered, you will be sent a link to an intake sheet. Instructions for meeting with the attorney will be sent once the intake is competed.

Contact the library if you have questions: (phone) 410-222-1387 or (email) AALawLibrarian@mdcourts.gov

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lawlibrary

Supreme Court Opinions

Opinions of the United States Supreme court are certainly in the headlines. Opinions of the Supreme court are available on the Supreme Court’s website (SupremeCourt.gov) on the day the opinions are announced beginning at 10:00 a.m. If there is more than one opinion, they will be released in ten-minute intervals.

Recent decisions are highlighted on the main page and all are available on the opinions page. The website provides a listing of “Online Sources Cited in Opinions” and a “Case Citation Finder” which will “retrieve the citation, in the form recommended by the Reporter of Decisions, for every signed, per curiam, or in-chambers opinion published (or soon to be published) in the United States Reports.”

The U.S. Reports page provides links to the U.S. Reports with the following caution:

Only the printed bound volumes of the U. S. Reports contain the final, official opinions of the Supreme Court of the United States. In case of discrepancies between a bound volume and the materials included here—or any other version of the same materials, whether print or electronic, official or unofficial—the printed bound volume controls.

Supreme Court opinions are also available on Lexis and Westlaw in the law library.

The SCOTUSblog is a source of news and analysis of the Supreme Court. See our post from October on the beginning of this term to learn more.

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Holiday lawlibrary

Anne Arundel County Public Law Library Closed for the Juneteenth Independence Day Holiday

The Anne Arundel County Public Law Library and the Circuit Court for Anne Arundel County will be closed on Monday, June 20, 2022 for the Juneteenth holiday. The law library and court will reopen on Tuesday, June 21, 2022.

Juneteenth became a federal holiday in 2021 when President Biden signed the Juneteenth National Independence Day Act. Read the Presidential Proclamation from June, 18, 2021 here. Juneteenth (June 19th) commemorates the anniversary of the last African American slaves being freed in Texas, more than two years after the signing of the Emancipation Proclamation. Visit the govinfo page to find out more.

Except on Court Holidays, the Library is open Monday through Friday, from 8:30 a.m. until 4:30 p.m. A list of Court Holidays can be found at mdcourts.gov.

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Flag Day

Photo by Sharefaith on Pexels.com

June 14 is Flag Day. It was on this day in 1777 that the Second Continental Congress adopted the flag. For more information see History of Flag Day and fun facts and What is Flag Day at History.com

The “Flag Code” is often referenced regarding the handling of the United States Flag. It can be found in Chapter 1 of Title 4 of the United States Code (4 USC §§1-10).

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Access to Justice lawlibrary

The Justice Gap: The Report

The Legal Services Corporation has released its report, The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans. “LSC defines the justice gap as the difference between the civil legal needs of low-income Americans and the resources available to meet those needs.”

Statistics from the report show that “[l]ow-income Americans did not receive any or enough legal help for 92% of their civil legal problems.” Read the report to understand the full impact on the lives of so many Americans who cannot afford legal representation. “With the resources currently available, LSC-funded organizations are able to provide legal help for one-half of the legal problems brought to their doors.”

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Access to Justice lawlibrary Pro Bono

June is Pride Month

Rainbow flag by Markus Spiske is licensed under CC-CC0 1.0

Read about Pride Month at the Library of Congress. There you can find a calendar of events for 2022, information about the history and traditions associated with Pride Month and a great list of resources.

Local events include the Annapolis Pride Parade and Festival on Saturday, June 4 and a series of special events at the Anne Arundel County Public Library.

On a legal note Free State Justice provides legal services to low-income lesbian, gay, bisexual and transgender Maryland residents.

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lawlibrary Pro Bono

Lawyer in the Library: Wrap-Up for May 2022

Jack Paltell, Steve Migdal, and William Moomau were the “Lawyers in the Library” this month providing legal assistance with such issues as deeds, eviction, debt collection, contracts and homeowner associations.

“Ask a Lawyer in the Library” is held every Wednesday of the month from 11:00 a.m. – 1:00 p.m. and on the third Wednesday from 4:30 p.m. – 6:30 p.m. (The evening program will not be held this summer and will resume in September.) You can talk with a volunteer lawyer for at least 20 minutes about your civil, non-family legal problem for free. All sessions are now conducted over Zoom or by phone.

This program is sponsored by Anne Arundel County Local Pro Bono Committee, Maryland Volunteer Lawyers Service, and the Anne Arundel Bar Association. It is hosted by the Anne Arundel County Public Library.

Register online here or call the law library for help. Once you have registered, you will be sent a link to an intake sheet. Instructions for meeting with the attorney will be sent once the intake is competed.

Contact the library if you have questions: (phone) 410-222-1387 or (email) AALawLibrarian@mdcourts.gov

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Holiday

Anne Arundel County Public Law Library Closed for Memorial Day

The Anne Arundel County Public Law Library and the Circuit Court for Anne Arundel County will be closed today, May 30, 2022 for the Memorial Day holiday.  The Law Library and the Court will reopen tomorrow, Tuesday, May 31, 2022.  Except on Court Holidays, the Library is open Monday through Friday, from 8:30 a.m. until 4:30 p.m. A list of Court Holidays can be found at mdcourts.gov.

Interested in the history of this holiday? Please see the the U.S. Department of Veterans Affairs page on Memorial Day and the information found at govinfo.

Contact the law library at 410-222-1387 or AALawLibrarian@mdcourts.gov.

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Using Sample Procedure and Legal Forms

Frequently, patrons ask us if we have official court forms to file for their specific situations. The courts have their own official forms (People’s Law Library lists some of the most frequently used), but more often, people ask for official forms that do not exist.

Fortunately, the library has a wide variety of sample procedure and legal forms that are free to be copied and modified. Procedure forms are for court filings, while those commonly called “legal forms,” most of which are not standardized, are used for all other legal affairs, such as wills, leases, and contracts.

Non-standardized procedure forms can include very general templates, such as blank petitions and blank motions; they can also be more specific (but still general enough to copy), such as motions for summary judgments and counterclaims for bringing in a new party.

Form books and form sets are good sources for all kinds of sample forms and templates. Some are available online through Westlaw or Lexis, others are exclusively in print, available here inside the library. When there is no sample form specific enough to cover a situation, they can be modified.

Form Books and Individual Samples

In addition to forms from Westlaw and Lexis, the Library has a variety of form books in print and has made available additional sample procedure forms for Maryland courts. Below, I have listed them by jurisdiction and subject area, and have also included the Library’s recommended form sets from Lexis and Westlaw.

Maryland

Practice and Procedure Sample Forms
  • Maryland practice forms (MSBA)
    Call Number: KFM1738.A65 M3 2009
    Also on Lexis and Westlaw
  • Maryland civil procedure forms: Maryland practice series (George W. Liebmann)
    Call Number: KFM1730.A65 L5
    Also on Westlaw
  • Forms from Maryland civil procedure forms (Robert Dale Klein)
    Call Number: KFM1730.A65 K64 2000
    Also on Lexis
  • Practice manual for the Maryland lawyer
    Call Number: KFM1730.A65 P7 2019
    Also on Lexis and Westlaw
  • Maryland litigation forms and analysis /by Gary I. Strausberg, general editor
    Call Number: KFM1730.A65 M372 1998
    Also on Westlaw
Family Law Sample Forms
  • Maryland family law form finder
    On Westlaw
  • Maryland divorce and separation law / editors, John J. Condliffe, Esq. & Debra B. Cruz, Esq.
    See “Marital Settlement Agreements” chapter for sample agreement.
    Call Number: RES KFM1300.M37 2019
    Also on Lexis and Westlaw
  • Maryland domestic relations forms: with practice commentary / Ann M. Turnbull, Joseph J. Wase
    Call Number: RES KFM1294.A65 T8
    Also on Lexis
  • Forms from Maryland domestic relations forms
    On Lexis
  • Premarital and domestic partnership agreements (MSBA)
    On Lexis and Westlaw
  • Maryland family and juvenile law : practice manual and forms
    Call Number: RES KFM1294.R44 2001
  • Marital settlement agreement – form / Thomas C. Ries, Richard B. Jacobs
    Call Number: KFM1300.M34 2009
  • Maryland family law forms / [Constance K. Putzel, Shelley L. Rothschild … et al.]
    Call Number: KFM1294.M37 2011
  • A practice guide to family law
    Call Number: RES KFM1294.P88 1999
  • Collection of family law forms. Sample forms on this page include several types of answer templates, consent forms, interrogatories, and motions. There are also links to official court forms.
Real Estate
  • Forms from Maryland real estate forms
    On Lexis
  • Maryland real estate forms: practice / Russell R. Reno, Jr., Wilbur E. (Pete) Simmons, Jr., Kevin L. Shepherd ; contributing editor, Michael S. Kosmas
    Call Number: RES KFM1326.A65 R46 2005
    Also on Lexis
  • Maryland real estate leasing forms: practice.
    Call Number: KFM1317.A65 A37 1988
Estates, Wills, and Trusts
  • Maryland estate planning, will drafting, and estate administration forms: practice
    Call Number: KFM1340.A65 B37 1995
    Also on Lexis
  • Probate forms in Maryland : annotated, including pleading, guardian and ward, actions at law and in equity relating to administration and forms of wills / by Philip L. Sykes
    Call Number: KFM1344.A65 S9
  • Contest of wills in Maryland with complete forms / by Philip L. Sykes
    Call Number: KFM1344.5 .C6 S9
  • Maryland estate planning, wills and trusts library : forms and practice manual
    Call Number: KFM1340.A65 G88 1998
  • Maryland estate planning form finder
    On Westlaw
Business and Commercial
  • Maryland corporation law and practice : with forms / by Herbert M. Brune
    Call Number: KFM1413.B7 1953
  • Maryland limited liability company forms and practice manual
    Call Number: KFM1407.5 .A65 M37 1999
  • Maryland secured transactions under revised article 9 of the Uniform Commercial Code : forms and practice manual
    Call Number: KFM1375.W58 2000
Criminal
  • Maryland criminal procedure forms and analysis
    Call Number: KFM1775.A65 S653
Employment
  • Maryland employment law : forms and practice manual / Carla N. Murphy, editor ; Sharon A. Snyder, editor
    Call Number: KFM1534.M87
Intellectual Property
  • Maryland intellectual property and technology transactions : forms and practice manual / William S. Galkin
    Call Number: KFM1530.G35 2008
Technology
  • Maryland technology transactions: the Venable practice and forms manual
    Call Number: KFM1530.M37 2002
Practice of Law
  • Legal representation and fee agreements for the Maryland Lawyer: forms and comments Call Number: KFM1277.5 .F4 B36 2009 Also on Lexis and Westlaw

Federal Titles

On Lexis and Westlaw
  • Nichols cyclopedia of federal procedure forms
    On Westlaw
  • Federal procedural forms
    On Westlaw
  • Bender’s federal practice forms
  • On Lexis

Non-Jurisdictional

Print Titles
  • Family law arbitration : practice, procedure, and forms / Carolyn Moran Zack
    Call Number: KF505.5 .Z33 2020
  • Forms, checklists, and procedures for the family lawyer / Mark A. Chinn
    Call Number: KF505.C478 2021
  • The law of crimes and criminal procedure, including forms and precedents
    Call Number: KF9219.H6 1904
On Westlaw
  • American jurisprudence pleading & practice forms annotated
  • American jurisprudence legal forms 2d
  • Lane’s Goldstein litigation forms
  • Fletcher corporation forms annotated
  • McGaffey legal forms with tax analysis / Jere D. McGaffey
  • Handbook of Personal Injury Forms and Litigation Materials
On Lexis
  • Rabkin & Johnson current legal forms with tax analysis / Jacob Rabkin and Mark H. Johnson ; revision author, Volume 1, Stephen E. Pigott
  • Murphy’s will clauses : annotations and forms with tax effects / Joseph H. Murphy, assisted by Beverly Massy Stowell Rounds, updates by John H. Skarbnik
  • Page on the law of wills : including probate, will contests, evidence, taxation, conflicts, estate planning, forms, and statutes relating to wills
  • Bender’s forms of discovery interrogatories

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Finding forms using Westlaw

Westlaw’s Form Finder is a convenient way to search for samples. To get there from the main screen, click on “Forms” in the “All Content” tab (Figure 1).

Westlaw browse screen, "All Content" tab, then "Forms" is ninth on the list.
Figure 1

Once you are on the “Form Finder” screen, you can choose to search for forms by state, by topic (Figure 2), or by publication name.

Figure 2

Once in the search screen, fill in the search fields and press enter.

Some forms, like those in American Jurisprudence Pleading & Practice Forms Annotated, link to captions (Figure 3). A caption is a header in which you would fill in information about the court, the plaintiff, and the defendant if applicable (Figure 4).

Figure 3
Figure 4

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Finding forms using Lexis

From Lexis’s main screen, click “Sample Forms” under the “Content” tab (Figure 5), which will send you to the Sample Forms page. There, you can choose to search by state or practice area (Figure 6). On the next screen, you can search all forms under the heading you chose or add the second state or practice area filter to make your search more precise. More precise is not always better, however, because you could filter out relevant results.

Figure 5
Figure 6

Unfortunately, there is no federal option listed with all the state options on the sample forms page.

To search for sample forms for federal courts, on the home screen click on “Federal” under “Explore Content,” then click on “All Federal” in the second section (Figure 7) (Be careful not to click “All Federal Cases”).

Figure 7

On the “All Federal” page, you can then scroll down to “Forms” and click “All Federal Forms” (Figure 8)

Figure 8

There you can choose to search all the federal form books or search an individual title (Figure 9).

Figure 9

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