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Maryland Law

Cell Phones Allowed in Maryland Court Facilities Per Rules Adopted October 20, 2010

The rules proposed by the 165th Report of the Standing Committee on Rules of Practice and Procedure were adopted, some with amendments, by the Maryland Court of Appeals today, October 20, 2010.

New Rule 16-110 would allow cell phones and other electronic devices to be brought into Maryland court facilities.  A camera is included in the definition of  an “electronic device.”    Although electronic devices can be brought into a court facility there are still restrictions on their use.  Electronic devices can be used to send and receive phone calls and electronic messages and for any other lawful purpose.  There can be no use of cameras or recording equipment  in a court facility except in accordance with the rules and an electronic device shall not interfere with court proceedings or the work  of court personnel.  Violation of provisions of the rule governing certain uses could result in the confiscation and retention of the electronic device by security personnel.

Rule 16-109 was changed to reflect provisions of new rule 16-110.  Other rules  changed per this rules order were 1-322, 4-216, 2-242, 5-404, 5-804,  16-901, and Rule 13 of the Rules Governing Admission to the Bar of Maryland.  The rules order can be found at the Maryland Standing Committee on Rules of Practice and Procedure website.

A binder containing copies of Rules Orders that are not yet in the West or Lexis rules volumes is kept on the shelf with the rules.

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lawlibrary Maryland Law

Maryland Regulations for Foreclosure Procedures for Residential Property

The Commissioner of Financial Regulation proposed emergency regulations for Foreclosure Procedures for Residential Property that were effective July 1, 2010.  COMAR 09.03.12 was published in the Maryland Register on July 16, 2010.  The text of the regulations in 37:15 Md. R. 986-997 (July 16, 2010) can be found at the Maryland Register Online and on the Commissioner’s website. The regulations consist of forms for the Notice of Intent to Foreclose, a Preliminary Loss Mitigation Affidavit, a Final Loss Mitigation Affidavit, a Request for Mediation, a Loss Mitigation Application (includes hardship affidavit) and Instructions, a preprinted envelope, Notice of Foreclosure Action, and instructions provided by the Maryland Office of Administrative Hearings.

The Office of the Commissioner of Financial Regulation provides these forms on their website in Word format.  It states that the forms are provided as a convenience for mortgage lenders/servicers and that consumers should obtain the forms directly from their mortgage lender/servicer.

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lawlibrary Maryland Law

Maryland Court of Appeals Adopts Emergency Foreclosure Rules

The Daily Record reported that the Maryland Court of Appeals approved the foreclosure rules changes in the 166th Report of the Maryland Standing Committee on Rules of Practice and Procedure yesterday, October 19, 2010.  The report can be found on the Rules Committee website.  The rules were proposed at an emergency meeting on Friday October 15, 2010.  The report proposed new rule 14-207.1 and amended rules 14-207 and 1-311.

The rules changes are necessary in light of the recently revealed problems with affidavits in foreclosure actions.  New rule 14-207.1 deals with court screening of pleadings and papers filed in an action to foreclose a lien, the reviewing of affidavits and the designation of special masters or examiners to screen pleadings and papers.  Rules 14-207 and 1-311 are amended to reflect language in the new rule.

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lawlibrary Maryland Law

New Maryland Cell Phone Law and More — effective October 1, 2010

Most laws passed during the Maryland legislature’s 2010 session will go into effect on October 1, 2010.   Just a few are highlighted below.

CELL PHONE USE WHILE DRIVING

The law prohibiting hand-held cell phone use while driving except to “initiate or terminate a wireless telephone call or to turn on or turn off the handheld telephone” has been getting a lot of press as the deadline nears.  The new law enacted per CH538/716 can be found at MD. CODE ANN., TRANSP.  § 21-1124.2.

NEW CHILD SUPPORT GUIDELINES

Child Support Guidelines have not had a major revision since being adopted in 1989.   The child support schedule found at MD. CODE ANN., FAM. LAW.  § 12-204 as enacted by CH262/263 now has a higher upper income  limit.  However, not all amounts have adjusted upwards.  Some at the lower income levels have actually decreased.

COUNTY CODES WILL CONTINUE TO BE PRESERVED IN PRINT

Print copies of county codes will no longer have to be distributed to the county’s legislative delegation if an electronic version is available.  However, print copies will still have to be distributed to the Maryland State Archives, the Maryland State Law Library and the State Department of Legislative Services.  This was a great relief to Maryland librarians as the bill, as first introduced, would not have required the distribution of any print copies.  It is hoped that print versions of important sources of primary law not be eliminated unless the online version can be authenticated and provisions are made for permanent public access.  Changes to  Art. 25A,  §7 and  Art. 25B,  §12 were enacted by CH 654.

MARYLAND LEGAL SERVICES CORPORATION FUNDING

CH. 486 made changes to MD. CODE ANN., CTS. & JUD. PROC. §7-202 and §7-301 as well as to MD. COD ANN., HUM. SERV. §11-208 . The law increases the maximum filing fee in civil cases used to fund the Maryland Legal Services Corporation.  As the funding from IOLTA funds has dropped dramatically for the MLSC the demand for MLSC funded services has risen at a great rate as well.  This increase in the filing fee surcharge is intended to address the shortfall.

MORE 2010 SESSION INFORMATION

These laws are obviously just a few of the many laws passed this last session.  The 90 Day Report – A Review of the 2010 Legislative Session prepared by Karl S. Aro, the Executive Director of the Department of Legislative Services, provides a detailed overview of the last session including a discussion of the legislation that passed and the bills that did not.  Additional information can be found at the Maryland General Assembly website: http://mlis.state.md.us/

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lawlibrary Uncategorized

Free Online Law School Course on the Health Care Reform Act

A recent article at Law.com reported that the University of Iowa College of Law is offering a course on health care reform law online and free to the public.  Participants have the option of viewing the sessions live or the videos and PowerPoint presentations later.

The weekly classes of the Innovation, Business & Law Colloquium: Health Care Reform Act began on August 26, 2010 and will continue through December 2.

The text for the course is CCH’s Law, Explanation and Analysis of the Patient Protection and Affordable Care Act (2010).  Supplementary readings will be available online.  A link to the act is also provided at the course website.

Categories
Maryland Law

Proposed New Rule to Allow Cell Phones in Maryland Courts

The 165th Report of the Maryland Standing Committee on Rules of Practice and Procedure was submitted to the Court of Appeals on August 24, 2010.  Included in this report is a new proposed rule, 16-110, that would allow cell phones, cameras and other electronic devices to be brought into Maryland circuit and district courts.  However, their use in certain areas of the courthouse may still be controlled.  Adoption of the rule would result in a uniform policy for all of Maryland’s circuit and district courts.  Currently, some counties such as our Anne Arundel  allow cell phones to be brought in to the building but many other courts do not allow it.

The report also included proposed amendments to Rules 1-322,
4-216, 4-242, 5-404, 5-804, 16-109, and 16-901 and Rule 13 of the
Rules Governing Admission to the Bar of Maryland.

Comments on the rules changes should be made by or on October 12, 2010.

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AALL Conferences lawlibrary

AALL Annual Meeting Roundup: Authentication and Preservation of Online Legal Material

“It’s all online.”  We hear that often in the law library here.  The problem is that it is not true.  The truth is that “it” comes and goes quite quickly.  What was online yesterday may not be there today.  Other problems with  “it’s all online” is that it is difficult to be sure that information found online is even a reliable source.

These are issues addressed in the program, “A Vision for the Future: Authenticated and Official Online Legal Resources.”  Mary Alice Baish, executive director of  AALL’s Government Relations Office, began the program by reviewing AALL’s vision: “to ensure equitable and permanent public access to authentic legal information.”  Through advocacy efforts AALL strives to “ensure the authentication and preservation of official digital legal resources” and AALL will advocate that government information must be in the public domain, and that information on government Web sites must be permanently available to the public at no charge.”  Mary Alice outlined components of a solution:  “Protect the official original as produced by the official publisher, without changing the file in any way and regardless of file type, protect the official copy made publicly available, and have easy an easy method for public to verify and warrant the chain of custody between the official original and the official copy, and have an easy for public to verify.”

Mary Alice reported that AALL State Working Groups are on the lookout for attempts to eliminate print and replace with online only without a means of authentication and for preservation for permanent public access.  These State Working Groups are taking on a large national project as well: the National Inventory of Primary Legal Information.  When completed information such as cost, copyright, official status, permanent public access, digital authentication and preservation will be known for all of the states, counties and municipalities in the U.S.

Handouts for the program included AALL issue briefs which contain more information on these topics of significance to AALL.  “AALL Leadership on the Authentication and Preservation of Online Legal Resources” and “AALL State Working Groups to Ensure Access to Electronic Legal Information” can be found at http://www.aallnet.org/aallwash/reports.asp

The program included an update on the “2009-10 Updates to State-by- State Report of Online Legal Information” and the status of the draft of the Uniform State Law “Authentication and Preservation of State Electronic Legal Materials Act.”  (Since the meeting Joyce Janto reported in the July AALL E-Newsletter that the Committee of the Whole of the National Conference of Commissioners on Uniform State Laws (NCCUSL) accepted the draft on July 15.)

At the GD-SIS program, “FDLP Law Libraries in the 21st Century” I learned of the preservation efforts of the Chesapeake Digital Preservation Group (www.legalinfoarchive.org) “to preserve our digital legal heritage for generations to come.”  Already they have found that as time progresses more URLs are disappearing at a great rate illustrating the urgency of this project.  It is comforting to  now that our Maryland State Law Library is a member of this preservation group and that the MSLL is preserving Maryland’s digital legal information.

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AALL Conferences lawlibrary

AALL Annual Meeting Roundup: Summit News

It seems I have been traveling all summer.  I haven’t been home or in the law library.  Still, I am determined to finish my summary of  my AALL Annual Meeting experience.  As a I prepare for one more trip I am providing a link to the final edition of the Conference newspaper containing “Golden FCIL Nuggets from Denver” (on page 5).

http://www.nxtbook.com/nxtbooks/customnews/aall2010_wrapup/#/0

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AALL Conferences lawlibrary

AALL Roundup: The future of libraries and/or librarians discussed in keynote address

I know there are those who see the library only as a place where books are stored and that the librarian’s job is to  see that all of the books are shelved correctly.  And so, if  “everything is online” there is nothing left for the librarian to do.

In his keynote address, “Take a Right at the Obelisk,” David Lankes stated  that the future of librarianship is bright and that it is the librarian that makes the library.  He stated that  “the best days of librarianship are ahead of us.”

Lankes puts the emphasis on the librarian rather than the library and the books contained there.  He speaks of the mission of librarians which is “to improve society through facilitating knowledge creation in their communities.”  Knowledge creation does not lie in books and materials or online resources in the library.  As information professionals, librarians must be active in the communities that they serve.  Librarians must know what its community is doing and how we can facilitate that endeavor.  Librarians cannot just sit at the information desk and wait for the next question to be asked.  Librarians must take an active role in their community and become a vital part of that community.

Lankes speaks of knowledge creation through conversation where we seek agreements as to facts or opinions.  Memory of these conversations allow us to not repeat the process in the future.  It is the librarian’s value and ability to create this  knowledge that will allow more information to make their communities better.

I highly recommend taking advantage of the link to David Lankes’ presentation to hear the entire address.  I found it energizing and challenging and of course, hopeful for the future of librarianship.

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AALL Conferences lawlibrary

AALL Roundup: Law Library Advocacy and the Value of a Public Law Library

My conference experience began even before the opening event Saturday evening with the Legislative Advocacy Training 2010: Raising the Bar in Your State on Saturday morning.  AALL’s Government Relations Office organized the training.  Participants came away with a good summary of AALL’s advocacy goals and efforts, the progress of the draft model NCCUSL law, Authentication and Preservation of State Electronic Legal Materials Act and were provided an opportunity to participate in one of two breakout sessions: Proving the Value of Public Law Libraries during the Recession and Beyond for an overview of the status of court libraries around the country and to brainstorm on the creation of tools needed  or AALL State Working Groups to discuss the activities of the working groups and the building of the national inventory of legal primary material.

Mary Alice Baish, Director of the GRO, reiterated AALL’s Strategic Directions 2010-2013 regarding advocacy: to promote the value of public law libraries, to ensure the authentication and preservation of official digital legal resources and that government information be in the public domain and that information on government websites be permanently available at no charge.  Mary Alice informed the group of the many tools available on the GRO website.  The AALL Advocacy Toolkit and Issue Briefs are great resources for members.  The toolkit now contains materials from the training session in addition to a host of material for Chapter Government Relations Committees including case studies and chapter letters used in advocacy campaigns.

In addition, members can keep informed about the issues important to AALL and law libraries through the Advocacy Listserv, the Washington Blawg and the monthly Washington E-Bulletin available on the webpage.

Keith Ann Stiverson provided an update on the NCCUSL draft uniform law, Authentication and Preservation of State Electronic Legal Materials Act.  Keith Ann as the AALL Observer to the Drafting Committee related how the committee adheres to strict standards in drafting uniform laws.  If all progresses as expected we might see a uniform law ready for states to adopt within the next year or two.  Having this uniform law to present to state lawmakers will be a welcome tool in our goal of ensuring the authentication and preservation of state legal materials.

The first breakout session, Proving the Value of Public Law Libraries during the Recession and Beyond, began with panelists from 4 different libraries reporting on issues and accomplishments in their states.

Laura Orr of the Washington County Law Library in Hillsboro, Oregon has been involved in dealing with numerous bills in the Oregon legislature that threatened Oregon county law library funding.  Laura offered some tips such as be ready with a 1,000 ways to educate,  create relationships with other organizations such as bar and library associations, know the opposition and stay ahead of the issue.  Laura has made her handouts for the session available on her website.  The handouts include examples of fact sheets and a list of what is not online used to distribute to legislators,  a list of sample reference questions and sample letters.  Larry Meyer, Director of the Law Library for San Bernardino County , related how California county law libraries blocked legislation that would have allowed the AOC to “sweep” law library funding.  (The whole story can be found in the Advocacy Toolkit case studies.)  Larry’s lessons for the group were to be on top of the issue and be ready to respond, have constant contact with legislators which the California Council of Law Libraries is able to do so with a lobbyist, and to make annual legislative visits  in order to have contacts at the ready when issues arise.  Jonathan Stock, retired Connecticut law librarian, worked with SNELLA this year to save four of six Connecticut law libraries that were to close due to budget problems.  This story can also be found in the Advocacy Toolkit case studies section.  Jonathan stressed the importance of building relationships and alliances.  Grace Holloway of the Gwinnett County Law Library reported how Georgia law libraries were able to have favorable legislation related to law library funding passed.

There was much discussion and sharing of information and strategies for law library advocacy during these presentations.  Ideas included exhibiting at the meetings of other professional associations, active public relations campaigns and providing CLE programs.  There were five topics that, as moderator, I hoped to cover in the discussions: the updating of the SCCLL publication, “The Value of a Public Law Library,” collecting data, online testimonials, building lasting alliances and sharing of grant opportunities and grant writing skills with the goal of developing new advocacy tools for public law libraries.  The Value of a Public Law Library, though written in 2004, still covers issues of significance. However, it might be worthwhile to update with some authors who are now active professionally as many of the contributors have retired.  It was suggested that testimonials be collected online or in person using a form.  Alliances can be built with bar and library associations.  Relationships with legislators should be developed.  Information on grant opportunities and how law libraries can take advantage of grant resources was suggested as a possible addition to the SCCLL website.  Although we may not have followed our outline, the session provided participants with a forum in which to discuss and share their advocacy stories and strategies.

The second breakout session, AALL State Working Groups, consisted of a panel discussion on the activities of some of the state working groups already formed.  Janet Camillo described the Maryland  group’s recent efforts to stop the Maryland Register to discontinue print and to publish it only as a non-sharable pdf  to be sent via email.  Emily Janoski-Haehlen reported on the work of the Kentucky Working Group.  The bulk of the session was devoted to the building of the national inventory of United States primary law materials.  A review of the State-by-State Report on Authentication of Online Legal Resources found on the AALL Authentication in the Digital Age page was recommended before beginning the state inventory work.  Other suggestions were to start small, recruit, prioritize and assign the work.  The target for completion of the inventory is the end of October.  Those that attended the inventory session came back enthused and ready to start work on this exciting national project.

All of the  legislative advocacy trainings offered at the AALL Annual meeting that I have attended over the years have always provided me with a wealth of information.  This year’s program was no exception.