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By Paul Mark Sandler | The Daily Record

Rod J. Rosenstein has been leading federal prosecution in this state since being named U.S. Attorney for the District of Maryland in 2005. He has reorganized the office’s criminal division and set its priorities, placing terrorism and violent crime at the top of the list.

By Paul Mark Sandler | The Daily Record

[The following was adapted from “The Winning Argument,” a book published by the ABA Section of Litigation and co-authored by Paul Mark Sandler, Ronald Waicukauski and JoAnne Epps.]

By Paul Mark Sandler | The Daily Record

For the past several months, litigants in federal appellate cases have been free to cite unpublished federal opinions issued on or after January 1, 2007. This follows the U.S. Supreme Court’s approval of Rule 32.1 of the Federal Rules of Appellate Procedure, which provides that a “court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been designated as ‘unpublished,’ ‘not for publication,’ ‘non-precedential,’ ‘not precedent, or the like.”

By Paul Mark Sandler

[The following interview appeared in the March 23, April 6, and April 20 issues of The Daily Record.]

In recent months, this column has featured conversations with several distinguished jurists, including Chief Judge Robert M. Bell of the Court of Appeals of Maryland and Chief Judge Joseph F. Murphy, Jr., of the Maryland Court of Special Appeals. Now we turn our attention to another appellate court of critical importance to attorneys in our region, the 4th U.S. Circuit Court of Appeals. I was fortunate to sit down earlier this year with Judge Paul V. Niemeyer. Below, Judge Niemeyer elaborates on his background, the Court’s decision-making process, common appellate practice mistakes, the Booker/Apprendi decisions, and his views of “legislating” from the bench, among other topics.

With the diminishing number of cases going to trial, how can you as a young attorney gain meaningful trial experience and guidance on ethical obligations and responsibilities?

By Paul Mark Sandler | The Daily Record

[The following column is adapted from “The Winning Argument,” a book published by the ABA Section of Litigation and co-authored by Paul Mark Sandler, Ronald Waicukauski and JoAnne Epps.]

By Paul Mark Sandler | The Daily Record

Trial lawyers who lack familiarity with great trials of the past may as well be trying cases by the seat of their pants. Surely one of the great trials in Western Civilization is the trial of William Penn in 1670. This is the same William Penn who received from King Charles II of England in 1681 a large land grant, “Penn’s Woods,” which Penn named after his father and subsequently became known as the state of Pennsylvania. Penn established the colony of Pennsylvania so that Quakers and others could enjoy religious freedom.

Paul Mark Sandler | The Daily Record

Over the past few decades, U.S. Magistrate Judges have become increasingly important to the judicial system, taking on more cases of greater consequence to relieve the U.S. District Courts of burdensome caseloads. I sat down with the Hon. Paul W. Grimm, who became Chief Magistrate Judge for the District of Maryland in May 2006, to talk about the role of magistrate judges and his work in particular.

By Paul Mark Sandler | The Daily Record

During a criminal trial — let’s call it State v. Marx — the judge announces a two-hour recess for lunch, reminding defendant Mr. Marx that he is in the midst of his testimony. During lunch, Marx’s defense attorney, Mr. B. Rosenbug, a/k/a “The Bug,” says to his client:

By Paul Mark Sandler | Previously published in The Daily Record

This October, the Honorable Joseph F. Murphy, Jr., celebrated his tenth anniversary as Chief Judge of the Maryland Court of Special Appeals. Earlier in the fall, I caught up with him to talk about his work, Court policies, and mistakes lawyers should look out for in their appellate representation.

By Paul Mark Sandler | The Daily Record

Politics today is characterized by a remarkable degree of hostility directed at the judiciary. Citizens from nearly every point on the political spectrum complain bitterly about the courts and perceived abuses of judicial power. It is hardly rare to hear educated people question judges’ motives, propose limits to judicial discretion, or demand that judges be somehow held more accountable to the will of the people.

By Paul Mark Sandler | Previously published in The Daily Record

Chief Judge Robert M. Bell, as everyone knows, is one of the busiest judges in our community. Fortunately, he found a few minutes to chat with me. So I asked him questions about appellate practice in the Court of Appeals of Maryland as well as his views on a number of issues swirling around the legal community. Here is what we discussed.