By: Danielle Ulman

At Thursday’s “Are you smarter than a law clerk?” session at the MSBA conference in Ocean City, Court of Appeals Judge Lynne A. Battaglia’s law clerks proved that they are pretty darn smart.

They answered all but one question correctly. Even the one they got wrong they originally got right; they just waffled in the end and answered “yes” instead of “it depends.”

Playing the role of Vanna White, Battaglia (pronounced the Italian way, with no hard “g” sound as she informed the crowd) showed off towels and mugs stamped “Smarter Than A Law Clerk.” Panelist James Archibald of Venable LLP in Baltimore provided the prizes.

Lunch was provided by panelist Paul Mark Sandler, name partner of the Baltimore firm Shapiro Sher Guinot & Sandler. Hilariously grouchy comments provided by the third panelist, retired Baltimore County Circuit Judge John Fader II, who said every time he attends the MSBA conference he sees people who don’t need to be there and then returns to the courtroom and sees all of the attorneys who should have gone.

The session often felt like comedy hour, with audience members yelling out to Battaglia, “What would the Court of Appeals say?” She demurred, saying, “You know I never give out advisory opinions.”

Sandler playfully tangled with Battaglia over her decision in Griffin v. State this year that left the tech-loving Sandler disappointed.

He also got into it with Fader over a British murder case from the 1800s that led to attorneys being allowed to hear confessions from their clients and then turn around and cross-examine other suspects on the stand to lead jurors to believe that the other suspect was the murderer. Fader said he didn’t like that ruling and that it shouldn’t be the law.

“Everybody’s wrong,” Fader said, “except for the people who believe the way I do.”