Howard County Domestic Case Procedure

The Circuit Court under the leadership of the Administrative Judge, have put together a small committee to work on a Differentiated Case Management (DCM) Plan for domestic cases. The purpose of a DCM Plan is to provide effective case management, in compliance with Md. Rule 16-202, which should include a predictable course of action for all family law cases and the timely resolution of cases. In an effort to comply with time standards, most domestic cases should close within twelve months of filing and the remainder should close within eighteen months of filing. The Court hopes to have the plan completed and available for review very soon.

The Court has already started to implement some aspects of the plan. Therefore, all domestic cases are now following the same course of action.

DOMESTIC CASE MANAGEMENT: CASE REVIEW

Cases are reviewed immediately after an answer is filed. Most contested domestic cases are set for a scheduling conference. The conference will be scheduled 30-45 days from the date an answer is filed. Scheduling conferences are not set when an unrepresented party lives out of state and/or a support or contempt matter is the only issue; these cases will be set directly for a hearing.

Uncontested cases are either set before a special master (divorce) or set directly for a hearing before a master (any other family law matter listed above). Upon service notification or answer, contempt cases will be set directly for a hearing (Md. Rule 16-206 and 9-207 (d)).

SCHEDULING CONFERENCE: ORDER AND PROCEDURE

The conference will take place on Fridays in the court house before the family law coordinator. At the scheduling conference (Md. Rule 2-504.1) a scheduling order will be generated which may include:

1. Referrals to service providers (mediation, parenting classes etc., property ADR) (Rules 9-204, 9-205,17-103). Mediation and Parenting classes are mandatory in contested cases, unless there have been allegations of domestic violence. In DV cases, only parenting classes will be ordered.
2. Appointment of children's attorneys (if both parties consent).
3. Custody evaluation (if case appropriate and both parties consent) and the criteria for custody evaluations has to be satisfied.
4. Master's Hearing date (if appropriate 50-60 days from conference). Said hearing we be limited to 3 hours unless there is written permission from the administrative judge to extend. Counsel cannot agree to bypass pendente lite hearing.
5. Discovery deadlines (80-90 days from conference).1
6. Settlement conference date before retired Judges or Master in Chancery (100-115 days from conference). Modifications are not set for a settlement conference.

Cases will not be scheduled for a merits hearing at the scheduling conference. This will ensure that only cases ready for trial will be scheduled, decreasing the amount of court postponements due to overcrowded dockets.

All counsel and parties must be present at the scheduling conference, unless

1. The party lives out of state, but is represented by counsel an is available by telephone.
2. Counsel notified the court and opposing counsel that party cannot appear and if opposing counsel agrees, the conference will go forward. If counsel wants the opportunity to facilitate, the conference will be re-set.
3. Counsel must attend scheduling conferences in person. Conferences will not be conducted by telephone absent extreme hardship for counsel to attend.

The Scheduling order should be signed by all parties and the administrative Judge.

SCHEDULING CONFERENCE CASE COMPLEXITY

In addition to a scheduling order, determination of the complexity of the case (which determines deadlines) will be made at the scheduling conference. Criteria for complexity must be satisfied prior to extensions of deadlines.

Counsel will not determine what referrals and/or hearings are scheduled. All cases will follow a general course of action, with the ability to extend deadlines if case complexity requires such. All cases with pendente lite issues will be set for a Master's Hearing. Counsel can not, even by agreement, elect to bypass a pendente lite hearing. Additionally, custody issues will not be bifurcated, unless specifically ordered by a Judge. Furthermore, all hearing dates will be scheduled at the conference regardless of whether grounds (at the time of the conference) are ripe for an absolute divorce. It will be the responsibility of counselor the parties to ensure proper pleadings are subsequently filed.

FACILITATION PROGRAM

The court operates a volunteer based facilitator program in an effort to assist parties settle. There are two distinct ways in which a case may participate in this program. First, a facilitator will be available at the time of scheduling conferences. Parties must agree to facilitate and Counsel does not have to be present for facilitation. If however, counsel elects to stay and an agreement is reached, the court will make every effort to have that agreement placed on the record that day.

Facilitation may also be ordered in a case. If facilitation is ordered, parties can not elect not to participate and if represented, counsel is expected to be present. As stated above, if an agreement is reached, the court will make every effort to have that agreement placed on the record.

Facilitation, unless otherwise agreed to, will take place in the Court House. There is no cost for this program.

SETTLEMENT CONFERENCES

Settlement conferences will take place before either a retired Judge or a Master in Chancery. All discovery, as specifically ordered, shall be completed prior to the conference. Parties and/or counsel should be fully prepared to settle the case at this time. There is no cost for the conference and it will take place in the courthouse. The conference will not be on the record. However, if the case settles, an agreement can be placed on the record at that time. If the case does not settle at the settlement conference, parties will be instructed to go to assignment to get a merits date (60-90 days from settlement conference).

SETTLEMENT OF THE CASE

If a case settles prior to any scheduled event, counsel should notify appropriate chambers of settlement. If a consent is received and case requires no hearing, the case will be removed from the docket. If an uncontested hearing is needed, testimony may be taken on the day of the scheduled contested hearing. As stated above, the court will require a fully executed consent order prior to removal from the docket.

Howard County Family Law Contact List:

Courthouse Address:
8360 Court Avenue, Ellicott City, MD 21043
Clerk’s Office: 410-313-3844

Family Law Coordinator:
Lisa Mohink, 410-313-2225
Assistant Family Law Coordinator,
Hella Stevenson, 410-313-2403

ADR Coordinator:
Jennifer Bowman, 410-313-2148

Court Social Worker:
Patricia Bright, 410-313-5959

Masters for Domestic Relations:
William V. Tucker, 410-313-4857
Mary M. Kramer, 410-313-4857
Elaine Patrick, 410-313-2638

Judges of the Circuit Court:
Diane O. Leasure, 410-313-2066
Richard S. Bernhardt, 410-313-2145
Louis A. Becker, III, 410-313-2083
Dennis M. Sweeney, 410-313-2149
Lenore R. Gelfman, 410-313-2143

Jolie Gelman Weinberg is a partner with Weinberg & Schwartz, L.L.C. in Columbia, Maryland.  She has practiced domestic law since 1990 and is currently the chair of the Howard County Family Law Committee, and a member of the Maryland State Bar Association Family Law Section Council.

1 Dates may be extended depending on the complexity of the case, however the settlement conference should not exceed 200 days from the scheduling conference.

Howard County Case Mgmt.05.03.06

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