As this Message goes to press, the country eagerly and nervously awaits the results of our presidential election. The legal, political and personal wrangling is spiraling to the brink, of what no one is certain. Regardless of the outcome of the election, another crucial issue looms over our country like the sword of Damocles (no, he wasn’t a candidate). What kind and how much fallout will our system sustain after the election is determined? Will it be our country’s finest hour? Will we have a political system that works, even under such heavy strain? Or, will the outcome of the election fundamentally undermine the faith and confidence that we, as an electorate, have in that system? I believe that while history will be the final judge, our outlook will fall somewhere in between the above two ends, but much closer to the former. It can be our finest hour even if we have to take a few painful lumps in the process.

The legal community of Baltimore County has had its own recent test. Of course, I’m referring to the judicial election in the Circuit Court for Baltimore County. I don’t suggest for a moment that there are significant parallels between it and what is happening nationally. However, there are residuals from it which, hopefully, time will resolve.

Ballots are on everyone’s mind, especially in Florida. I have no doubt that the form of ballots everywhere will be studiously examined to ensure that the recent problems, which have been so painstakingly reported, will be minimized, if not eliminated in future elections. This national issue serves as a natural segue to the judicial vacancy ballots (survey) which we, as a bar association, will use in our future.

The BCBA membership participates in the selection of a new judge for our Circuit and District courts by use of a survey that allows an individual member to give his or her opinion on the judicial qualifications of each candidate. It is not a vote, but a survey. The results of the survey have historically been confidential; that is, a specific candidate is only provided with his or her individual results. However, the results of other candidates are given to no one other than the members of the Judicial Nominating Commission for Baltimore County. The Commission, in turn, considers the survey tabulation along with other information they have received when they consider the various judicial applicants.

Past surveys in Baltimore County have had the following categories - Highly Qualified, Qualified, Not Qualified, and Qualifications Unknown. Future ballots, however, will ask the BCBA whether the candidate is Recommended, Not Recommended, Not Ready at This Time, or Qualifications Unknown. A candidate is not required to participate in the survey. He or she may elect to opt out of it. However, in order to be included on the ballot, the candidate must agree to maintain the individual results of the survey tabulations as strictly confidential. I thank President-Elect Nip Jenkins, Bud Clark, John Gontrum and Dana Williams for their efforts in drafting the new survey. It will be used in its revised format for the first time for Judge Howe’s Circuit Court seat.

Shifting gears, another development which I am pleased to report is that the BCBA website (www.bcba.org) will soon be brought up-to-date, with the eventual goal of being completely redesigned. It has not been kept up for a little over a year due to a number of reasons. For this, I apologize. However, the Bar Office is currently changing its Internet Service Provider (ISP) which will include web hosting. As we have done with the publication of The Advocate, we plan to maintain our website in-house. This will result in more up-to-date content and better features for our membership and the general public. I would hope that we will have “bcba.org” brought current within the next 30 days, and revamped within a few months of that time. I ask and thank you in advance for your patience in this regard.

One of my other goals in the near term is to establish a regular dialogue between the Bench, the Administrative Office of the Courts and the Bar. Trial lawyers have a growing interest and need for modernized courtrooms which would allow them to more easily use technology to present their cases to a jury and the trial judge. I am told that our Circuit Court is making important strides in this regard. I wish to establish a mechanism which would allow the free flow of ideas among the three groups as well as a way to regularly report to you as to where things stand with courtroom technology. The Court must know in what lawyers are interested. We, in turn, must know and understand the logistical and fiscal considerations that the Court faces in this regard. More will follow on this subject in the near future.

In this holiday season, I hope that all of us will reflect on and be thankful for the important and meaningful things in our lives. I wish you and your families a joyous and healthy holiday season.