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lawlibrary Maryland Law

New Maryland Laws Took Effect on January 1, 2015

Laws of MDHappy New Year!  New Maryland laws took effect on January 1, 2015, which impact laws relating to trusts (House Bill 83, Chapter 585), residential leases (Senate Bill 345 / Chapter 488 and House Bill 249, Chapter 489) and real estate appraisers (Senate Bill 1106, Chapter 79). These new laws represent just a small sampling of the new laws enacted by the 2014 Legislative Session.  To learn more about the laws resulting from the 2014 session, check out the 90 Day Report – A Review of the 2014 Session, which is published by the Department of Legislative Services of the General Assembly of Maryland.

If you have any questions or want to learn more, you can always reach us via email at lawlibrary@aacounty.org, via phone at (410) 222-1387 or via fax at (410) 268-9762.

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lawlibrary Maryland Law Pro Bono

Maryland Rules on Pro Bono Legal Service

GENERIC_CELEBRATION_LOGO_3(1)“You have to learn the rules of the game.  And then you have to play better than anyone else.” – Albert Einstein

Did you know that there are Maryland Rules on Pro Bono Legal Service?  Rule 16-812 (Rule 6.1 Pro Bono Publico Service) of the Maryland Rules is an aspirational (not mandatory) rule that provides that “[a] lawyer has a professional responsibility to render pro bono publico legal service”* and suggests a minimum 50 hours of pro bono service each year.

There are many ways to provide pro bono legal service.

◙  You can provide legal service (without charging a fee or at a substantially reduced rate) to “(A) people of limited means; (B) charitable, religious, civic, community, governmental, or educational organizations in matters designed primarily to address the needs of people of limited means; (C) individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights; or (D) charitable, religious, civic, community, governmental, or educational organizations in matters in furtherance of their organizational purposes when the payment of the standard legal fees would significantly deplete the organization’s economic resources or would otherwise be inappropriate.”

◙  You can also participate in activities to “improv[e] the law, the legal system, or the legal profession.”

◙  You can provide financial support to organizations providing pro bono legal services.

In addition, Rules 16-901, 16-902 and 16-903 address pro bono standing committees at the state and local level as well as mandatory reporting of pro bono legal service.

Do you have questions about the Maryland Rules on Pro Bono Legal Service?  A great place to start is the FAQ section available on the Maryland Courts website.  The Law Library is also always available to assist.

*All quotations, unless noted otherwise, are attributable to Rule 16-812 of the Maryland Rules, which are available online at https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?transitionType=Default&contextData=(sc.Default)#N105FF040B79311DBB4ACEAAAE7EB7386.

 

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Maryland Law

New Maryland Laws Take Effect on October 1, 2014 – Can’t Find What You’re Looking For?

Untitled drawingNew Maryland laws take effect on October 1, 2014!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  Please note that this series is just a small sampling of the new laws enacted by the 2014 Legislative Session.  To read about more laws resulting from the 2014 session, see the 90 Day Report – A Review of the 2014 Session published by the Department of Legislative Services of the General Assembly of Maryland.

Was there a major issue from the 2014 session that was not covered in this series?  The 90 Day Report – A Review of the 2014 Session includes a hyperlinked list of Major Issues from 2014 such as Distracted Driving, Dog Owner Liability, Medical Marijuana, Minimum Wage, Estate Tax and Transgender Rights.  Also, note that some new laws from the 2014 session, such as Maryland Minimum Wage Act of 2014, are effective as of July 1, 2014.

Can’t find what you’re looking for?  The Department of Legislative Services of the General Assembly of Maryland publishes a Popular Terms List as a reference for current legislation that is often referred to by the public and media by certain popular terms.  Also, the Department of Legislative Services of the General Assembly of Maryland publishes compilations of executive orders.

Do you prefer paper sources?  The Law Library’s collection includes a copy of the 2014 Maryland Legislative Review Service, published by LexisNexis, which summarizes the 2014 Acts of the Maryland General Assembly Regular Session and organizes the 2014 Acts by topical headings.

Don’t forget – the Law Library is here if you have questions or would like additional information. Contact us!

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Maryland Law

New Maryland Laws Take Effect on October 1, 2014 – Spotlight on Marijuana

STACK OF BOOKSNew Maryland laws take effect on October 1, 2014!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  Please note that this series is just a small sampling of the new laws enacted by the 2014 Legislative Session.  To read about more laws resulting from the 2014 session, see the 90 Day Report – A Review of the 2014 Session published by the Department of Legislative Services of the General Assembly of Maryland.
 

Senate Bill 364, Ch. 158 “makes the use or possession of less than 10 grams of marijuana a civil offense punishable by a fine, rather than a crime subject to imprisonment or a fine.”

Senate Bill 923, Ch. 256/House Bill 881, Ch. 240 expands the State of Maryland’s “medical marijuana program to allow qualifying patients to obtain medical marijuana through persons other than academic medical centers.”   In addition, Senate Bill 923/House Bill 881 also “expand[s] the purpose and responsibilities of the Natalie M. LaPrade Medical Marijuana Commission”, which was established in 2013, “to include the registration of certifying physicians as well as conducting research on issues and disseminating information related to the medical use of marijuana, limit the number of licensed growers, and specify the process by which a qualifying patient may obtain medical marijuana, including provisions related to issuing identification cards for qualifying patients and their caregivers.”

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2014 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2014rs-90-day-report.pdf.
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Maryland Law

New Maryland Laws Take Effect on October 1, 2014 – Spotlight on Jake’s Law

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The Law Library is here to assist you!

New Maryland laws take effect on October 1, 2014!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  Please note that this series is just a small sampling of the new laws enacted by the 2014 Legislative Session.  To read about more laws resulting from the 2014 session, see the 90 Day Report – A Review of the 2014 Session published by the Department of Legislative Services of the General Assembly of Maryland.

 

Senate Bill 348, Ch. 260/House Bill 1212, Ch. 248, commonly referred to as “Jake’s Law”, establishes “a new offense that prohibits [the] use of a handheld telephone or the writing, sending, or reading of a text message or electronic mail while driving and thereby causing an accident that directly results in the death or serious bodily injury of another.”  Violators are assessed 12 points against the violator’s license by the Maryland Motor Vehicle Administration.  In addition, “[a] violator is guilty of a misdemeanor and is subject to imprisonment for up to  one year or a maximum fine of $5,000 or both.”  For more information about Jake Owen, the five-year old boy from Baltimore City who was killed when his family’s car was struck from behind by a driver on his cell phone, please see http://changeforjake.org/.

Note that all quotations, unless noted otherwise, are attributable to the 90 Day Report – A Review of the 2014 Session published by the Department of Legislative Services of the General Assembly of Maryland, which is available online at http://mgaleg.maryland.gov/Pubs/LegisLegal/2014rs-90-day-report.pdf.
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lawlibrary Maryland Law

New Maryland Laws Take Effect on October 1, 2014 – Spotlight on the Parental Leave Act

Pocket Part
Pocket parts are on their way!

New Maryland laws take effect on October 1, 2014!  We will be publishing a series of posts highlighting a few of the newly enacted laws.  Please note that this series is just a small sampling of the new laws enacted by the 2014 Legislative Session.  To read about more laws resulting from the 2014 session, see the 90 Day Report – A Review of the 2014 Session published by the Department of Legislative Services of the General Assembly of Maryland.

Maryland’s new Parental Leave Act (Senate Bill 737, Ch. 333 /House Bill 1026, Ch. 334) requires employers in the State of Maryland, with 15 to 49 employees, to provide eligible employees with certain unpaid parental leave benefits for the birth, adoption or foster placement of a child.  Maryland employees may also be eligible for leave pursuant to the federal Family and Medical Leave Act (FMLA). For information about the FMLA, which requires covered employers with 50 or more employees to provide eligible employees with certain specified types of leave, see the United States Department of Labor website at http://www.dol.gov/whd/fmla/.

More information about family and medical leave in Maryland is available at http://www.nolo.com/legal-encyclopedia/maryland-family-medical-leave.html.

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Legal Technology Maryland Law

Maryland Sentencing Guidelines Calculator

In the most recent edition of  the Guidelines E-News (Vol9 No2-June 2014)  the Maryland State Commission on Criminal Sentencing Policy announced the availability of an online Sentencing Guidelines Calculator Tool.

The Maryland Automated Guidelines System (MAGS) designed by the Commission is now in use in the Montgomery County Circuit Court and the Calvert County Circuit Court.  The calculator is now available to anyone who would like to use it.

The newsletter provides detailed instructions in its use.  Access is provided on the Commission’s website through the Quick Links list on the left-hand side of the page: http://msccsp.org/

 

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lawlibrary Maryland Law

New Maryland Laws Take Effect October 1, 2013

The two laws that have been in the news as October 1 approaches concern the sale of firearms and the use of cell phones while driving.

The Firearm Safety Act of 2013 (CH427) makes changes to current laws regulating the sale of certain firearms and ammunition, gun dealers and to

Senate Bill 339/House Bill 753 (CH638/CH637) makes violation of the law prohibiting cell phone use while driving a primary offense, that is one for which the driver can be stopped, and increases the fines and penalties,

Another road safety bill was Senate Bill 87 (CH 179) which requires the use of seat belts for passengers in the rear seat of a motor vehicle.

The “Slayers Rule” was codified in Maryland by SB489/HB1211 (CH485/CH486) which would disqualify “a person who feloniously and intentionally kills, conspires to kill, or procures the killing of the decedent is disqualified from inheriting, taking, enjoying, receiving, or otherwise benefitting from the death, probate estate, or nonprobate property of the decedent, or from receiving a general or special power of appointment conferred by the will or trust of the decedent, or from serving as a personal representative, guardian, or trustee of a trust created by the decedent ….”

The Task Force to Study Implementing a Civil Right to Counsel in Maryland was created by SB262 (CH35) to “study the current resources available to assist in providing counsel to low–income Marylanders compared to the depth of the unmet need, including the resulting burden on the court system and the stress on other public resources; study whether low–income Marylanders should have the right to counsel at public expense in basic human needs cases, such as those involving shelter, sustenance, safety, health, or child custody, including review and analysis of the Maryland Access to Justice Commission’s “Implementing a Civil Right to Counsel in Maryland” report and each other previous report by a task force, commission, or
workgroup on this issue; study alternatives regarding the currently underserved citizenry of the State and the operation of the court system; study how the right to counsel might be implemented in Maryland; study the costs to provide meaningful access to counsel and the savings to the court system and other public resources; study the possible revenue sources; and make recommendations regarding the matters …”

This is just a small sampling of new laws enacted by the 2013 session that will go into effect October 1, 2013. To read about more laws resulting from that session, see the 90 Day Report – A Review of the 2013 Session published by the Department of Legislative Services of the General Assembly of Maryland.

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lawlibrary Maryland Law

Status of State Online Legal Materials – Authentication, Official Status, Preservation…

According to AALL’s Washington Blawg post today  the  American Association of Law Libraries ” Digital Access to Legal Information Committee (DALIC) has created a new website to host information about the status of online legal materials in every state with respect to authentication, official status, preservation, permanent public access, copyright, and universal citation.”

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Maryland Law

Maryland: New Laws in Effect Today (10/01/2012)

The news this weekend was full of reports on the new laws effective today, October 1, 2012.  The new “scooter law” seemed to be mentioned the most.

The MVA has information on the scooter law,  House Bill 149/Senate Bill 309 (CH. 210), including how to apply for a title and title decal on their website: http://www.mva.maryland.gov/About-MVA/Laws/new-scooter-laws.htm The MVA has also posted more information about other vehicle laws here:  http://www.mva.maryland.gov/About-VA/PRESS/120927.htm The laws include House Bill 313/Senate Bill 185 (CH. 47 ) which requires children, under the age of 8, to sit in a child safety seat unless they are at least 4 feet 9 inches tall, regardless of their weight and House Bill 67 / Senate Bill 177 (CH. 44 ) establishes how drivers must respond to non-functioning traffic lights.

An article in the MSBA September Bar Bulletin, New Maryland Laws Taking Effect Oct. 1 Background on bills affecting legal community, by Richard A. Montgomery, III  lists laws that deal with subjects such as criminal procedure, family law, real property and witnesses

Maryland General Assembly, Department of Legislative Services, The 90 Day Report: A Review of the 2012 Legislative Session , is a great resource for an in-depth review of the legislation passed in the last Maryland legislative session.

Links to all of the 2012 Session bills can be found at the Maryland General Assembly website on the  Prior Session Page.