A woman who spent several days in jail in 2013 stemming from a guardianship case in Stark County Probate Court has won her appeal.
The 5th District Court of Appeals last month reversed a ruling by Probate Judge Dixie Park, concluding that Park had abused her discretion by finding the woman in contempt of court.
Barbara Lockhart, formerly of Alliance, was jailed for around 10 days on the orders of Park after Lockhart missed some court hearings — and failed to provide requested documents — in the guardianship case of an 83-year-old man, according to probate court records.
A guardian was seeking to revoke the power of attorney Lockhart held on behalf of the man, and Park had requested records regarding his finances, court records said.
Attorney Jeffrey Jakmides, who handled Lockhart’s appeal, said Lockhart was jailed without bond in October 2013. He noted that the woman — 56 years old during her jail stay — did not have a criminal record.
Lockhart has “recovered from (her jail stay) at this point, at least as much as she can recover from an experience like that, and is just wanting to move forward with her life,” Jakmides said.
Some of the probate court hearings took place in August 2013. Lockhart showed up at a Sept. 17 hearing, and then missed a Sept. 24 hearing, resulting in the contempt charge and Lockhart’s arrest and jailing on Oct. 1. Court records indicate Lockhart thought the last hearing had been continued.
Park set another hearing for Oct. 2, but Lockhart couldn’t provide the requested documents to purge her contempt charge because she was transported directly from the Stark County Jail to the hearing, according to the appeals ruling.
Lockhart was eventually released on Oct. 11 after a motion was filed to suspend the rest of her 30-day jail sentence. She later supplied the court with the financial documents.
During the case, the power of attorney was revoked for Lockhart. Park found that Lockhart put about $12,000 in Social Security and pension funds belonging to the elderly man in an account under her own name.
In court records, Park wrote that Lockhart had admitted she opened the bank account in her name even though she knew the man’s bank accounts had been frozen by the court.
The funds were either retained or used for the benefit of Lockhart or the man’s daughter, Park wrote in court records. The judge ordered Lockhart to return $12,239 to the estate.
Those issues were not part of the appeals ruling, which included two claims of error 5th District Judges William B. Hoffman, W. Scott Gwin and John W. Wise agreed with.
In the ruling, Gwin wrote that Lockhart’s actions did not “rise to intentional acts of disobedience,” adding that “the trial court abused its discretion in finding Lockhart guilty of criminal contempt.”
The appeals ruling also said Lockhart was not informed of her right to counsel at the Oct. 2 hearing and did not reject an offer of legal representation.
Park said she could not comment on the case because it’s pending. A message seeking comment was left for Lockhart through Jakmides.
Attribution:
Woman jailed over probate court case wins appeal
The 5th District Court of Appeals recently reversed a ruling by Stark County Probate Court Judge Dixie Park involving a woman who was jailed for contempt of court in a guardianship case.
Ed Balint
September 26, 2014
CantonRep.com
http://www.cantonrep.com/article/20140926/News/140929405#ixzz3Eq6utRLT
The 5th District Court of Appeals last month reversed a ruling by Probate Judge Dixie Park, concluding that Park had abused her discretion by finding the woman in contempt of court.
Barbara Lockhart, formerly of Alliance, was jailed for around 10 days on the orders of Park after Lockhart missed some court hearings — and failed to provide requested documents — in the guardianship case of an 83-year-old man, according to probate court records.
A guardian was seeking to revoke the power of attorney Lockhart held on behalf of the man, and Park had requested records regarding his finances, court records said.
Attorney Jeffrey Jakmides, who handled Lockhart’s appeal, said Lockhart was jailed without bond in October 2013. He noted that the woman — 56 years old during her jail stay — did not have a criminal record.
Lockhart has “recovered from (her jail stay) at this point, at least as much as she can recover from an experience like that, and is just wanting to move forward with her life,” Jakmides said.
Some of the probate court hearings took place in August 2013. Lockhart showed up at a Sept. 17 hearing, and then missed a Sept. 24 hearing, resulting in the contempt charge and Lockhart’s arrest and jailing on Oct. 1. Court records indicate Lockhart thought the last hearing had been continued.
Park set another hearing for Oct. 2, but Lockhart couldn’t provide the requested documents to purge her contempt charge because she was transported directly from the Stark County Jail to the hearing, according to the appeals ruling.
Lockhart was eventually released on Oct. 11 after a motion was filed to suspend the rest of her 30-day jail sentence. She later supplied the court with the financial documents.
During the case, the power of attorney was revoked for Lockhart. Park found that Lockhart put about $12,000 in Social Security and pension funds belonging to the elderly man in an account under her own name.
In court records, Park wrote that Lockhart had admitted she opened the bank account in her name even though she knew the man’s bank accounts had been frozen by the court.
The funds were either retained or used for the benefit of Lockhart or the man’s daughter, Park wrote in court records. The judge ordered Lockhart to return $12,239 to the estate.
Those issues were not part of the appeals ruling, which included two claims of error 5th District Judges William B. Hoffman, W. Scott Gwin and John W. Wise agreed with.
In the ruling, Gwin wrote that Lockhart’s actions did not “rise to intentional acts of disobedience,” adding that “the trial court abused its discretion in finding Lockhart guilty of criminal contempt.”
The appeals ruling also said Lockhart was not informed of her right to counsel at the Oct. 2 hearing and did not reject an offer of legal representation.
Park said she could not comment on the case because it’s pending. A message seeking comment was left for Lockhart through Jakmides.
Attribution:
Woman jailed over probate court case wins appeal
The 5th District Court of Appeals recently reversed a ruling by Stark County Probate Court Judge Dixie Park involving a woman who was jailed for contempt of court in a guardianship case.
Ed Balint
September 26, 2014
CantonRep.com
http://www.cantonrep.com/article/20140926/News/140929405#ixzz3Eq6utRLT
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