As someone who will be sleeping in a hotel bed within the week, I just say a big “EWW” on behalf of travelers everywhere.

From WSJ.com:

A Manhattan judge has scratched a request for punitive damages in a bedbug case.

But the judge… let go forward the negligence claims of two Maryland tourists for bites they sustained during a two-night stay at the theater district’s Milford Plaza.

JACKIE SAUTER, Web Editor

Good afternoon! Here are some law links to get your week started:

• Ron Miller at the Maryland Injury Lawyer Blog has a post on the admissibility of expert witnesses’ financial information. Ron’s a busy guy; he’s also got a post speculating on how O’Malley will fill Judge Raker’s Court of Appeals seat. Click here to find out who Ron thinks the governor will pick. (As those of you who read On the Record regularly know, I am an unrepentant appellate judge selection nerd.)

• The Maryland Intellectual Property Law Blog has this post about a cool-sounding (for IP types, anyway) panel at UM Law in a few weeks.

• You may not want to delete that e-mail.

• If you’ve been following the news about this Las Vegas judge-behaving-badly, here’s the latest story, courtesy of How Appealing.

• The Law Practice Management Blog offers this post about corporations pressuring their law firms to go paperless.

CARYN TAMBER, Legal Affairs Writer

The Maryland Judiciary is holding a contest among its employees to rename the position of master in Circuit Court. But that can’t stop us from having our own little contest, now can it?

First, some background: The Judiciary wants a different name besides “master” because of the word’s negative associations, particularly to slavery. The name actually derives from “master in chancery,” which dates back to medieval England and refers to a person who decides cases based on equity.

Maryland’s 63 masters are selected and overseen by the circuit court in each jurisdiction and hear primarily family and juvenile law cases. They can write opinions and recommendations but their work is not legally binding unless reviewed and signed by a judge.

As for the contest, 15 names had been submitted last week, including “baron,” “juris magistrate,” and “barrister,” which is my favorite because it makes me think of English guys in frilly, powdered wigs.

But who cares what I think. What do you think? What should Maryland rename its masters? Does the position need to be renamed at all?

DANNY JACOBS, Legal Affairs Writer

On Wednesday, the Supreme Court heard arguments in Indiana v. Edwards (07-208) on whether states can require that defendants who are competent to stand trial must prove they are also fit to proceed pro se, that is, to represent themselves at trial.

While I was reading through the transcript, I was reminded of a criminal trial I observed during my judicial clerkship in which a defendant represented himself. Without legal training and little formal education, he struggled to introduce evidence; he put on an inadequate defense and continually violated courtroom decorum and procedure. While he was certainly competent to stand trial with an attorney, I’m not sure if he was truly competent enough to represent himself. (He lost, by the way).

In a criminal case, a defendant is competent to stand trial only when he or she can be “mentally present” at the proceeding. Basically, the defendant must understand the charges and the trial process, and be able to assist in his or her own defense.

By contrast, in order to waive counsel, the court must find only that the waiver is “knowing and intelligent.” The judge determines if the defendant has received the charging document, advises the defendant of possible penalties and of the right to counsel, and explains the implications of waiver.

Should there be a separate determination that a defendant is competent to proceed pro se? If so, what should the test be? Do you think it should be the ability to “communicate coherently,” as Indiana’s solicitor general, Thomas M. Fisher, argued?

CHRISTINA DORAN, Assistant Legal Editor

The trial of David Lee Miller, convicted Wednesday of killing Elizabeth Walters and their unborn child, was serious and emotional, with tears shed on the witness stand and in the gallery by family and friends on both sides.

But for a brief moment Wednesday morning there was laughter all around – thanks to Baltimore County Circuit Court Judge Dana M. Levitz’s cassette tape recorder.

It happened as Levitz was near the end of instructing the jury. He had gone through the responsibilities of jurors and thoroughly reviewed and defined the charges Miller faced. The judge reassured the panel that he was following his longstanding practice of recording his instructions in case the jury wanted to hear them again while deliberating.

Just then Levitz, whose voice booms even when he’s not raising it, was stopped silent by a “click” that was audible in the back of the courtroom.

One side of his cassette was full.

The whole courtroom chuckled as a smiling Levitz flipped the tape and continued.

DANNY JACOBS, Legal Affairs Writer

Wondering how your alma mater will fare in the 2009 U.S. News & World Report law school rankings? Well, wonder no longer, as the first page of the rankings has leaked.

Check it out. And thanks to AbovetheLaw.com for the info.

JOE BACCHUS, Web Specialist

Access Group, a non-profit student loan company, is running a contest to see which law student can produce the best video depicting worries during law school. The prize: A $10,000 scholarship.

The “One Less Worry Contest” plays off the company’s mission of “helping law students like you achieve your hopes and dreams with no worries.”

In my experience, this help usually comes at a 9.5% interest rate.

Please enable Javascript and Flash to view this Flash video.

Whatever keeps you up at night, be it your class rank, anxiety over oral arguments or just the knowledge that you will soon be toiling even longer hours at a firm to pay back your Access Group loans, make a video about it for your chance to win some much-needed green.

The video, which should be no longer than four minutes, can be uploaded to this link on YouTube. (Don’t forget to read the contest rules and fine print — as every good lawyer should).

Entries will be received until June 15, and after Access Group picks 10 finalists, voting will begin July 1. The winner will be announced Aug. 1. One tip: make sure you make your movie after you finish your Admin Law outline.

Hat tip to Legal Blog Watch.

CHRISTINA DORAN, Assistant Legal Editor

As I wrote for today’s paper, five people have applied for Judge Raker’s Court of Appeals seat: Mary Ellen Barbera, William Chen Jr., Michael Mason, Chung Pak and Patrick Woodward.

I must admit that I’m not too up on the Montgomery County legal scene, so I’m wondering what those of you who are think about this crop of candidates. Any real stand-outs on this list?

CARYN TAMBER, Legal Affairs Writer  

Good morning!

• The Free State blogosphere is abuzz about proposals to install speed cameras around the state and ban the use of handheld cell phones while driving. What do you think?

• James Gross at the Maryland Divorce Legal Crier has his top 10 reasons why you don’t want to litigate your divorce. Family lawyers out there — do you have other reasons clients should stay away from a trial? When is litigation necessary?

• Carolyn Elefant writes that it’s easier for solo practitioners to go green. I can see how not having to wade through layers of bureaucracy would make it easier to, say, recycle or install low-energy light bulbs, but it’s also the case that when a big firm like, say, DLA Piper, commits itself to going green, there’s a much larger impact. What do you think? Any solos out there making a conscious effort to be more environmentally friendly in your practice?

• Jim Cotterman at Altman Weil weighs in on non-equity partners.

CARYN TAMBER, Legal Affairs Writer

We’re coming to the end of Sunshine Week 2008. Its purpose is to promote the idea that you – the public – have a right to know what’s going on in the halls of power.

I’ll let SunshineWeek.org explain:

Though spearheaded by journalists, Sunshine Week is about the public’s right to know what its government is doing, and why. Sunshine Week seeks to enlighten and empower people to play an active role in their government at all levels, and to give them access to information that makes their lives better and their communities stronger.

Sunshine Week actually began as Sunshine Sunday in Florida in 2002, according to the effort’s Web site. The creation was “in response to efforts by some Florida legislators to create scores of new exemptions to the state’s public records law.”

“The increased public and legislative awareness” from the first three Sundays led to the defeat of approximately 300 exemptions to open government laws in Florida.

Other states followed, and a 2003 summit hosted by the American Society of Newspaper Editors led to the creation of the annual Sunshine Week.

Like the quote says, this is the goal of all good journalism, but the public needs to play its part, as well. Last year, newspapers and other organizations recognized Sunshine Week with essays on government accountability, exposes on government databases and even an archive of editorial cartoons.

The week’s almost over, but the mission remains. Ask questions. Demand answers. This is a participatory democracy, and it needs your voice to thrive. Take some time today to read up on Sunshine Week and Maryland’s approach to open government.

JOE BACCHUS, Web Specialist