Jury yet to reach verdict in guardianship case

Jury yet to reach verdict in guardianship case

After deliberating more than five hours Thursday, a Clark County jury will take up the issue again today of whether a 72-year-old war veteran needs a professional guardian to manage his affairs.


They are tasked with deciding whether Richard Morse is incapacitated and unable to provide for his safety and health.

The jury received the case at 10:30 a.m. and was dismissed for the day at 5 p.m. Jurors will resume deliberations at 8:45 a.m.

Morse lives at Vancouver Health and Rehabilitation Center. The nursing home filed the petition to appoint a third-party professional guardian, someone who handles personal and financial affairs of a person unable to do so.

To appoint a guardian, at least 10 jurors must decide if the evidence was “clear, cogent and convincing,” as opposed to the unanimous verdict and stiffer burden of proof of “beyond a reasonable doubt,” the standard in criminal cases.

Thursday’s case was rare in that it was apparently the first time that 12 Clark County citizens, rather than a judge, were asked to decide a guardianship case.

In her closing argument, the center’s attorney, Rachel Brooks, said Morse has shown a pattern over time that he cannot manage his affairs. In terms of finances — Morse has a $600,000 estate — he’s never had a bank account, she said, and he’s not used to paying bills.

Before his health crisis in February 2010, he hadn’t been to a doctor in years and only went to the hospital at the prompting of a friend.

Brooks said she disagreed with the defense’s contention that Morse has shown signs of independence.

“Your job is not to judge Mr. Morse’s potential abilities,” she said. “Your job is to judge his demonstrated abilities.”

Brooks also said that while Morse contends the nursing home filed the guardianship petition to collect money from him because he hadn’t been keeping up with his bills, the two situations aren’t connected.

In his counterargument, Morse’s attorney, Jim Senescu, said the case shouldn’t be taken lightly, considering it involves stripping a man of his constitutional rights.

He said that while Morse is eccentric — Brooks contended he suffered psychotic symptoms — there is no clear mental health diagnosis that shows he is in danger.

“He lived his life and he managed,” Senescu said. “This is America. He has the right to live his life the way he wants.”

“It seems like a crime to him to have his rights taken away,” Senescu added.

Senescu said the easy decision would be to approve the guardianship petition to ensure Morse’s safety. But he said that would be the wrong decision; Morse isn’t in a coma or a victim of Alzheimer’s disease. He’s capable of making his own decisions — and vehemently wants to do so.

“The irony we can’t avoid is this is a man who fought in the Vietnam War for constitutional rights,” Senescu said. And here he is in court, “fighting for those same rights.”

Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.

Read complete article at link below:

http://www.columbian.com/news/2011/mar/31/jury-receives-rare-guardianship-case/

Brain Damaged Mom Can See Her Triplets

Brain Damaged Mom Can See Her Triplets


Paraplegic mother Abbie Dorn has been in the middle of a visitation battle with ex-husband Dan Dorn after he has refused to let her see their triplets after brain damage sustained during delivery of the triplets. Terry McCarthy reports with more and Russ Mitchell spoke with Legal Analyst Lisa Bloom and Psychologist Dr. Jennifer Hartstein to discuss the legal perspective and psychological effects that may be involved with the mother and children thereafter.

Please view completeCBS NEWS video at link below:
http://www.cbsnews.com/video/watch/?id=7360852n

Editor's note:   Unwarrented restriction of visitation is also a ploy used to control parties who protest unjust rulings of the Probate Court of Cook County.

The Whores of Justice

The die is cast! Ever wonder why they had to remove the ten commandments from the Courthouse! The National Socialist Party is alive and well! If you see some clown with a funny growth of hair under his nose wearing a brown shirt -


IT HAS BEEN SAID, THOSE WHO DO NOT LEARN THEIR HISTORY, WILL RELIVE IT. What has happened in the Sykes case and some of the elder abuse cases is indicative of what can happen to you, me etc. Guess who the ARDC is investigating! It is not the two guardian ad litem, it is not the attorney who breached his fiduciary relationship to his client, and it is not the attorney whose statements to the court are fictional. It certainly is not the judge who directed the candidate for plenary guardian of Mary Sykes to find a doctor who would be loose with the truth, or who revealed that an order that is final in just about all courts can be overturned with clout! Hell no! the judge was elevated to the Appellate Bench! The dishonorable lawyer brags in Court that he is being advised in his perfidy by the Attorney Registration and Discipline Commission! indeed, the criminal are all such august persons as to have immunity.

It is going to be very interesting to see if the United States Department of the Treasury (IRS) can be bought! Mary Sykes estate is just West of a million dollars at this point in time. Theft by a fiduciary is a taxable event - that means that the plenary guardian and her co-conspirators owe Mr. Obama about $300,000 in unpaid taxes. Add the fraud penalty that you or I would be charged that makes it $450,000.00.

Add the other plenary guardians who have stolen millions aided by the Court - if they paid the taxes due to the United States of America we could start putting a dent in budget problem.

Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Editor's note: The brutalization of the Sykes family and thousands of other families is one reason why major companies such as Caterpillar, small businesses and institutions are fleeing Illinois for a more honest environment. Citizens and commerce are concerned with this illegal, monstrous transfer of wealth from legitimate heirs into the pockets of  undeserving lawyers and judges. The Cook County Court system is reputed to be a "criminal enterprise" and is the brunt of jokes, worldwide.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Mickey Rooney's Conservatorship is Permanent

Monday, March 28, 2011


Mickey Rooney's Conservatorship is Permanent

Mickey Rooney's legal and financial affairs will remain under the permanent control of his lawyer after a judge in Los Angeles ruled his conservatorship should stay in place indefinitely.

The veteran actor's attorney Michael Augustine was appointed temporary conservator in February (11) after the Oscar-winner filed court papers claiming his step-son Christopher Aber had been trying to convince him to sign over control of his assets.

The 90 year old alleged he feared for his safety and in a sworn declaration to the court, Augustine claimed he had found $400,000 missing from one of the star's bank accounts. A judge granted his request for a restraining order against Aber and his wife.

The case went back to court on 3/25 and a judge made the conservatorship permanent. The restraining order against the Abers was not extended, but the couple has reportedly agreed to continue staying away from Rooney.

Full Article and Source:

http://www.contactmusic.com/news.nsf/story/mickey-rooneys-conservatorship-made-permanent_1209746

Preserving Rights for Individuals Facing Guardianship

Preserving Rights for Individuals Facing Guardianship Jennifer Moye, PhD; Aanand D. Naik, MD


Author Affiliations: VA Boston Healthcare System and Harvard Medical School, Boston, Massachusetts (Dr Moye); and Michael E. DeBakey VA Medical Center and Baylor College of Medicine, Houston, Texas (Dr Naik).

Since this article does not have an abstract, we have provided the first 150 words of the full text.

KEYWORDS: AGING, CIVIL RIGHTS, DECISION MAKING, LEGAL GUARDIANS, MENTAL COMPETENCY, MENTAL DISORDERS, NERVOUS SYSTEM DISEASES, PATIENT-PHYSICIAN RELATIONSHIP.

The issue of adult guardianship poses increasing challenges in an aging society. Physicians play an essential role in ensuring its equitable and appropriate application. Yet physicians may be unaware of the evolution of guardianship law over the past 2 decades.

Physicians are knowledgeable about their older patients' functioning and such patients' experiences with elder abuse, neglect, or exploitation. As a result, physicians are identified to provide opinions regarding the capacity of their patients to live safely in the community or to manage health and financial affairs when a question of guardianship is raised. In most states, guardianship concerns the capacity to make personal decisions about health, home, and personal matters, and conservatorship concerns decisions about financial management. Guardianship and conservatorship are legal interventions by the state in which the rights to make decisions are removed from one person and assigned to another after a hearing. Reform of guardianship law throughout …

[Full Text of this Article in JAMA]

http://jama.ama-assn.org/content/305/9/936.full
 
Editor's note: Oh Jennifer, in a perfect world guardianship is a wonderful conduit to aid the elderly and infirmed.  However, in a corrupt environment such as  the Probate Court of Cook County, this assistance is perverted and used to line the pockets of crooked "whores of the court" selected by greedy judges.  Why don't the Federal Authorities use the RICO Act to put an end to this disciplined, illegal transference of wealth from legitimate heirs  that is converted into the hands of the unentitled. Lucius Verenus, Schoolmaster, ProbateSharks.com

Woman Sentenced for Swindling Her Mother

Woman Sentenced for Swindling Her Mother

Marsha Aspelund Truskolaski tearfully apologized Wednesday as she was sentenced for swindling more than $200,000 from her ailing 77-year-old mother.

"I'm very, very sorry," she told Ramsey County District Judge Joanne Smith. "I know what I did was wrong. I can't say that enough.

Truskolaski was given a stay of imposition sentence, meaning that if she successfully completes 10 years of probation, the charges will be reduced to misdemeanors. She was ordered to serve 45 days in the workhouse, on work release or home confinement. She also was ordered to pay $18,000 in restitution and possibly more.

Smith also lifted an order that had prohibited Truskolaski and her children from seeing her mother.

Truskolaski was accused of abusing her power of attorney over her mother's financial affairs between 2004 and 2008 to pay for vacations, jewelry, car loans, private school tuition for her children and expensive home improvements, including an in-ground swimming pool. Her mother was left virtually destitute and now gets government assistance.

Full Article and Source:

http://www.startribune.com/local/east/118549054.html

Editor's note: This abusive "transfer of wealth" takes place daily in the Probate Court of Cook County.  The difference between the MN case above and the Probate Court of Cook County, is the players are Probate Court judges, GALs, attorneys, insurance companies, rehabilitation type care providing companies and nursing homes. The major difference is IN COOK COUNTY THE PERPS ARE NOT PUNISHED IN THE "WORKHOUSE" and are allowed to move to other victims after sucking dry their estates. Lucius Verenus, Schoolmaster, ProbateSharks.com

Missouri Lawyer Accused of Stealing More Than $300K From Clients

Missouri Lawyer Accused of Stealing More Than $300K From Clients


A Ladue lawyer has been indicted in U.S. District Court in St. Louis on three mail fraud counts and accused of stealing from clients.

Steven P. Gartenberg, 46, who had an office in Brentwood, appeared in court Tuesday and will plead not guilty Wednesday, lawyer Art Margulis said.

Gartenberg's indictment, which was handed down March 17 but unsealed Tuesday, claims Gartenberg took more than $100,000 from the estate of someone who died in 2009. Gartenberg was supposed to send money to the Kirkwood United Methodist Church, the Alzheimer's Association and three individuals but used some of the money for his personal use and use by his law firm.

The indictment also says Gartenberg was appointed guardian of a mentally disabled woman in 2007 and later "made in excess of $200,000 in unapproved withdrawals ... through fraud, embezzlement and theft."

Reached Tuesday, Margulis said, "We'll attempt to cooperate with the government and work our way through this." He said Gartenberg has been disbarred.

Source: Read complete article at link below.

http://www.stltoday.com/news/local/metro/article_c152cf80-54ce-11e0-aadd-00127992bc8b.html

Ladue Lawyer Accused of Stealing More Than $300,000 From Clients

Editor's note:  Missouri has a long way to go in order to catch up with the thieves in the Probate Court of Cook County. $300,000 is chicken feed compared with the millions being stolen in Illinois. In the Probate Court of Cook County,  a judge appointed a mentally disabled woman to be guardian of a disabled aged ward.   Lucius Verenus, Schoolmaster, ProbateSharks.com

HOW TO REPORT ELDER ABUSE AND NEGLECT

HOW TO REPORT ELDER ABUSE AND NEGLECT


Many of the guardianship cases we hear about in Cook County exhibit actions by judges, lawyers, and nurses which we believe constitute elder abuse. Here are just a few examples of actions which we believe constitute elder abuse through the Cook County Probate Courts: Predatory guardianships in which Powers of Attorney have been revoked, cases where wards have been stalked and/or deceived by owners of guardianship companies in an effort to gain the ward as a client, false reports of alleged actions of family members which resulted in restricted visitation, exhorbitant legal fees and guardianship fees, unnecessary placements into public aid facilities, abuse of OBRA Special Needs Pooled Trusts, lack of filing annual accountings of the estate, falsification of wills, orders from judges to halt investigations into alleged missing estate funds, etc.

We urge our readers to report these activities to the proper authorities.

Anyone can report a case of elder abuse in good faith.

The Elder Abuse and Neglect Act provides that people – who in good faith report suspected abuse or cooperate with an investigation – are immune from criminal or civil liability or professional disciplinary action. It further provides that the identity of the reporter shall not be disclosed except with the written permission of the reporter or by order of a court.

Anonymous reports are accepted. Unfortunately, do to the nature of actions of judges and lawyers in Cook County Probate Courts, anonymous reports may be in the best interest of the wards and families involved.


The Elder Abuse and Neglect Act may be found at the website below:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1452&ChapAct=320%26nbsp%3BILCS%26nbsp%3B20%2F&ChapterID=31&ChapterName=AGING&ActName=Elder+Abuse+and+Neglect+Act%2E

To report suspected abuse, exploitation or neglect of an older person, call the statewide, 24-hour Elder Abuse Hotline: 1-866-800-1409, 1-888-206-1327 (TTY).

The reporter should be prepared to answer the following questions to the best of their ability...
The alleged victim's name, address, telephone number, sex, age and general condition;
The alleged abuser's name, sex, age, relationship to victim and condition;
The circumstances which lead the reporter to believe that the older person is being abused, neglected or financially exploited, with as much specificity as possible;
Whether the alleged victim is in immediate danger, the best time to contact the person, if he or she knows of the report, and if there is any danger to the worker going out to investigate;
Whether the reporter believes the client could make a report themselves;
The name, telephone number and profession of the reporter;
The names of others with information about the situation;
If the reporter is willing to be contacted again; and,
Any other relevant information.

We at Probate Sharks recommend that you also include the case number and name of your loved one's probate case. The case number for Crook County Probate Court cases may be located at the website below:

http://www.cookcountyclerkofcourt.org/?section=CASEINFOPage&CASEINFOPage=4210

Confidentiality

All reports and records of the Elder Abuse and Neglect Program are subject to strict confidentiality provisions, except as provided by law or court order.

More information may be found at the website below:

http://www.state.il.us/aging/1abuselegal/abuse_reporting.htm

Signed,

Your ProbateSharks Team Against Elder Abuse

Appellate court: Greco 'a menace to his clients'

Cook County

Appellate court: Greco 'a menace to his clients'

Ameet Sachdev Chicago Law

March 24, 2011

The federal court of appeals in Chicago reprimanded a lawyer for unprofessional behavior during a lawsuit and fined him $5,000.

 In an opinion released Tuesday, the court cited Michael Greco, 47, who has a private practice in Chicago, for repeatedly missing filing deadlines and ignoring phone calls from court officials. Judge Frank Easterbrook, who wrote the opinion, described Greco's conduct in harsh terms.

"The events recounted in this opinion show that Greco is a menace to his clients and a scofflaw with respect to appellate procedure," wrote Easterbrook, one of the best-known judges on the appellate court. "The district court may wish to consider whether he should remain a member of its bar."

Easterbrook added that Greco's conduct was so sloppy that Greco must send his clients copies of the opinion "so that they may consider whether to file malpractice suits against him."

Greco declined to comment on the court's sanction.

The 7th U.S. Circuit Court of Appeals has the authority to discipline lawyers but does so infrequently, according to court observers. The federal court system' disciplinary authority is independent of the Illinois Supreme Court, which has its own disciplinary agency.

Greco has not previously been disciplined by the Illinois Supreme Court and is not involved in any pending proceedings, according to the state Attorney Registration and Disciplinary Commission.


The federal courts refer matters to the ARDC, said James Grogan, the commission's deputy administrator, but he would not confirm or deny whether the commission is investigating Greco.

Greco represents three black employees of the Cook County prison system who sued their employer in 2008, alleging discrimination in being denied promotions. A federal judge dismissed the lawsuits in September 2008 but granted the plaintiffs 40 days to refile their cases.

The new complaints were not filed until May 2009, well past the deadline the judge had set, and the cases were thrown out again.

Greco challenged the dismissal in the appellate court, but Easterbrook said the 2009 lawsuits were not filed in a timely manner.

Please read complete article at link below:
http://www.chicagotribune.com/business/ct-biz-0324-chicago-law-fined--20110324,0,4789762.column
 
Editor's note:  From your ProbateShark's observations of the mischief that goes on every day in the ( and is not prevented) Probate Court of Cook County...this guy has to be B A D.

GOOD BYE AND GOOD LUCK

Subject: WOW! Rec'd. from a friend who knows we fondly think of Illinois as "home"!!!


Sad....Tragic...

Roger Keats ran last year for Cook County Board President. Needless to say, he lost.

They just sold their Wilmette home and are relocating to Texas. This is the letter he sent to his friends and associates to announce their move.

This is why IL is NOT a good place to live. He accurately describes why.

GOOD BYE AND GOOD LUCK

As we leave Illinois for good, I wanted to say goodbye to my friends and wish all of you well. I am a lifelong son of the heartland and proud of it. After 60 years, I leave Illinois with a heavy heart. BUT enough is enough! The leaders of Illinois refuse to see we can’t continue going in the direction we are and expect people who have options to stay here. I remember when Illinois had 25 congressmen. In 2012 we will have 18. Compared to the rest of the country we have lost 1/4rd of our population. Don’t blame the weather, because I love 4 seasons.

Illinois just sold still more bonds and our credit rating is so bad we pay higher interest rates than junk bonds! Junk Bonds! Illinois is ranked 50th for fiscal policy; 47th in job creation; 1st in unfunded pension liabilities; 2nd largest budget deficit; 1st in failing schools; 1st in bonded indebtedness; highest sales tax in the nation; most judges indicted (Operations Greylord and Gambat); and 5 of our last 9 elected governors have been indicted. That is more than the other 49 states added together! Then add 32 Chicago Aldermen and (according to the Chicago Tribune) over 1000 state and municipal employees indicted. The corruption tax is a real cost of doing business. We are the butt of jokes for stand up comics.

We live in the most corrupt big city, in the most corrupt big county in the most corrupt state in America. I am sick and tired of subsidizing crooks. A day rarely passes without an article about the corruption and incompetence. Chicago even got caught rigging the tests to hire police and fire! Our Crook County CORPORATE property tax system is intentionally corrupt. The Democrat State Chairman who is also the Speaker of the Illinois House and the most senior alderman in Chicago each make well over a million dollars a year putting the fix in for their client’s tax assessments.

We are moving to Texas where there is no income tax while Illinois’ just went up 67%. Texas’ sales tax is ½ of ours, which is the highest in the nation. Southern states are supportive of job producers, tax payers and folks who offer opportunities to their residents. Illinois shakes them down for every penny that can be extorted from them.

In The Hill Country of Texas (near Austin and San Antonio) we bought a gracious home on almost 2 acres with a swimming pool. It is new, will cost us around 40% of what our home in Wilmette just sold for and the property taxes are 1/3rd of what they are here. Crook County’s property tax system is a disaster: Wilmette homes near ours sell for 50% more and their property taxes are ½ of ours. Our assessed home value was 50% higher than the sales price. The system is unfair and incompetent.

Our home value is down 40%, our property taxes are up 20% and our local schools have still another referendum on the ballot to increase taxes over 20% in one year. I could go on, but enough is enough. I feel as if we are standing on the deck of the Titanic and I can see the icebergs right in front of us. I will miss our friends a great deal. I have called Illinois home for essentially my entire life. But it is time to go where there is honest, competent and cost effective government. We have chosen to vote with our feet and our wallets. My best to all of you and Good luck!

'Senior Care Advocates' Called Giant Scam

http://www.courthousenews.com/2011/03/22/35121.htm


'Senior Care Advocates' Called Giant Scam

By TISH KRAFT

ShareThis

ROSEVILLE, Calif. (CN) - Fifty-nine senior citizens claim Senior Care Advocates defrauded them of thousands of dollars apiece by charging to "qualify" them for Medi-Cal. They say the Roseville-based company sent people to their homes and charged them $5,000 to $25,000 apiece for a "service" that was "purely illusory, unnecessary and a fraud."

The Better Business Bureau, on its website, lists the principal for Senior Care Advocates as attorney and CEO James Walker. The BBB gives the business an "F" rating based on the number of complaints it has received and how the company deals with them. The BBB website adds that it "understands that this company has filed Chapter 7 bankruptcy.
 
Please read complete article at link below:
 
http://www.courthousenews.com/2011/03/22/35121.htm
 
Editor's note:  Why doesn't our BBB in Chicago go after the thieves on the 18th floor of the Daley Center?  Why doesn't the Illinois Attorney General place charges against the rehabilitation health care providers who charge unnecessary fees to provide no service to our elderly except to denude them of their life savings?  Lucius Verenus, Schoolmaster, ProbateSharks.com

5 Years in Prison for Stealing Resident's Wedding Ring

 5 Years in Prison for Stealing Resident's Wedding Ring


A former Slidell nursing home worker who stole the wedding ring off the finger of an incapacitated resident must spend the next five years imprisoned, a St. Tammany Parish judge has decided.

Domenica Thomas, 42, pleaded guilty to charges of simple robbery and theft of assets from an aged person before state Judge Peter Garcia sentenced her Wednesday in Covington.

Simple robbery carries no more than seven years' imprisonment and a possible fine. Depending on the value of what was stolen, theft of assets from an aged person can be punished by both a fine and up to 10 years in prison. Garcia gave Thomas a concurrent five years for each charge.

Thomas has also been accused of stealing from five other residents at the nursing home, and those cases are still pending, said Rick Wood, a spokesman for the parish District Attorney's Office.

Thomas had been an aide at Greenbriar Nursing Home for about nine months before she went into a 71-year-old man's room without permission on Jan. 4 this year. She gave him a glass of water, according to police, and snatched his ring and $10 from him before she left.

Full Article and Source:

http://www.nola.com/crime/index.ssf/2011/03/slidell_nursing_home_worker_ge.html

Slidell Nursing Home Worker Gets 5 Years' Prison for Stealing Resident's Wedding Ring
 
Editor's note: Why do probate court officers who commit the same crime get a pass?  Lucius Verenus, Schoolmaster, ProbateSharks.com

Sara Harvey's Continued Fight for Custody of Her Husband

Monday, March 21, 2011


Sara Harvey's Continued Fight for Custody of Her Husband

A Chemung County woman is fighting for the custody of her husband, who's in a vegetative state.

Sara Harvey says she's just trying to get her husband, Gary, home where he belongs. "I want my husband home, my husband would want to be home with me, he would not want to be isolated in St. Joseph's Hospital or anywhere."

Read complete article and view video at link below:

http://www.wetmtv.com/news/local/story/Fighting-for-Her-Husbands-Custody/Ye5AfSvib0KiiwTtHHW8fQ.cspx

Unfit to be a Lawyer, Yet Allowed to be a Guardian

Sunday, March 20, 2011


Unfit to be a Lawyer, Yet Allowed to be a Guardian

The case of Terri Ann Hauge, charged with bilking 10 vulnerable adults, shows the flaws in selecting and monitoring conservators.

Terri Ann Hauge's career as a lawyer came to an abrupt end in 1995 when state officials suspended her license for mishandling cases and lying to her clients.

But that didn't end Hauge's work in the courthouse. In a professional comeback that raises questions about how the state oversees court-appointed caretakers, Hauge and her business partner went on to amass the state's fourth-largest portfolio of work as guardians and conservators.

Though Hauge never sought reinstatement as a lawyer, she and her company, Estate Resources, were given control over the lives and finances of more than 200 vulnerable adults, despite complaints of neglect and mismanagement that go back as far as 2000, court records show.

Late last year, Hauge was charged with stealing $68,000 from 10 vulnerable adults in Rice County while ignoring their needs. One mentally ill man, investigators said, was living in squalor when he was rescued.

Full Article and Source:

http://www.startribune.com/investigators/117860934.html


Unfit to be a Lawyer, Yet a Guardian for 200
 
Editor's Note:  Obviously, Ms Hauge could not exist without the protection and complete knowledge of the judges hearing her cases. The Probate Court of Cook County judges provide the same fertile environment for criminals such as Ms Hauge to propagate their crimes on an unsuspecting public.  Lucius Verenus, Schoolmaster, ProbateSharks.com

“Judge ‘Willy-Nilly’ Kennedy, you can’t do that!”

Editor's note: This article comes to us compliments of "Estate of Denial" and the "Impeach" blogs. The comments are the bloggers' and not necessarily ProbateSharks.com.



Impeachrandykennedy’s blog: “Judge ‘Willy-Nilly’ Kennedy, you can’t do that!”


March 19th, 2011

Judicial impropriety occurs daily in far too many courtrooms. A new Impeachrandykennedy’s Blog posting tells of a recent incident in the Nashville probate court operated by Judge Randy Kennedy.

We posted earlier about the investigation into the Robert Thurman Conservatorship and the outrageous attorneys fees charged by Paul T. Housch and John Clemmons. There is so much wrong in this conservatorship, but so is the case in all the known conservatorships in Kennedy’s court.

The fundamental problems are Kennedy’s abuse of power and downright ignorance of the law in his own court (the root word of ignorance is ignore). Instead of enforcing the law, Kennedy assists attorneys in subverting the law. Forget the spirit of the law, it’s not a consideration.

Kennedy was a personal injury attorney who graduated mid-class from Nashville School of Law, a law degree that is not recognized outside the state of TN (#1 Most Corrupt State). And now he teaches there (God help us all). He was a glue-sniffing, wannabe rock and roll singer in his younger years who got so high on glue one night he tried to stab the keyboard player of The Purple Haze (his band) in the chest with a knife (the knife hit the chest bone and broke or Kennedy would be serving life). We have affidavits to support this. Now he’s a judge (only in TN). He’s an aspiring politician, but not a scholar.

Two weeks ago, Danny Tate and Robert Thurman were on the docket the same day. We’re sure this was an “oops!” moment for the court. Kennedy refused to hear the charges of aggravated perjury on the part of David E. Tate (conservator to Danny Tate) and suborning perjury by attorney Paul T. Housch. He suddenly admitted he no longer had subject matter jurisdiction (though the pleadings never properly established this in the beginning, but who cares, you’re in Judge Kennedy’s court). Of course, he saved the Thurman hearing for last on the docket so no one would hear what he and Paul Housch are doing to Thurman.

Danny Tate stayed in the court room to observe the Thurman hearing. Paul T. Housch stood up and commanded Judge Kennedy remove Tate from the court room as an observer. Kennedy obeyed. YOU CAN’T DO THAT, RANDY!

The 7th Circuit Court is an open court and you cannot remove the public “willy nilly”, but Kennedy ignores this. He does not want anyone knowing what he’s done. He’s also allowed Housch to have his fees “sealed”. Housch owns Kennedy.

I’m curious to know what was determined in the financial raping of Robert Thurman. This poor guy is getting it coming and going.

People use to say “don’t die in Davidson County”. Now, thanks to Judge Kennedy, you don’t want to live here.
 
Editor's Note:  In addition to the "Name RatDog contest" we are planning "Name Ratdog's girlfriend contest".  The yet unnamed adorable sweetheart of RatDog may be viewed below.
 

Hospital worker steals dead patient’s rings, sells them to pay cable bill

Hospital worker steals dead patient’s rings, sells them to pay cable bill


BY DAN ROZEK Staff Reporter/drozek@suntimes.com Mar 16, 2011 7:06PM
E-MailPrint

Downers Grove PD mugshot of Frederick Tapley: charged with stealing the rings of a deceased woman. Tapley turned himself into authorities. He pleaded guilty March 16, 2011.

Frederick Tapley needed cash, so he stole the wedding and engagement rings off the finger of a deceased patient at the suburban hospital where he worked, then pawned the jewelry.

He used some of the money he collected to pay his cable TV bill, DuPage County prosecutors said Wednesday as the 37-year-old Romeoville man pleaded guilty to felony theft.

Tapley faces up to five years in prison when he is sentenced later this year.

Tapley worked at Advocate Good Samaritan Hospital in Downers Grove when he stole the rings last July after the 72-year-old patient died there. He took the jewelry while transporting the woman’s body to the morgue, prosecutor Mary Cronin said.

He later sold the rings at a Lansing pawn shop, using a share of the money to pay his cable bill, Cronin said.

The rings — valued at more than $3,000 — later were recovered from the business.

Tapley helped police locate the rings, his attorney said,

“He realized he made a huge mistake,” said attorney George Kallas.

Tapley, who was dismissed from the hospital after his arrest, remains free on bond.

http://www.suntimes.com/news/metro/4357141-418/hospital-worker-steals-dead-patients-rings-sells-them-to-pay-cable-bill.html?sms_ss=email&at_xt=4d815517c593e6b3%2C0
 
Editor's note: ProbateShark's investigators are investigating a similar case of theft of a diamond ring off of a living ward, residing in a nursing home, under the supervision of the Probate Court of Cook County.  Even after a relative reported the theft to the GAL, nursing home owners and the court, a report to the police has yet to be made.


Anyone you know in Probate Court resemble this "RatDog"?

Ginger Franklin

Editor's Note: We received this post from the "Impeach" blog  and the comments are the publishers own and not those of ProbateSharks.com.  We have also included a direct link to Judge Kennedy's reply to the Tennessee Court of Judiciary.  There are further newspaper articles included on the ProbateSharks.com blog referring to the monstrous abuse of Ginger Franklin by a court system.

Our internet has been down AGAIN for the past week and a half. We apologize for leaving you hanging.


We are posting Judge Randy Kennedy's response to Ginger Franklin's complaint to the Tennessee Court of the Judiciary.

Before reading, let us remind you that during Ms. Franklin's "conserve"-atorship, her condo was foreclosed on, she was bankrupted, her automobile mysteriously disappeared unaccounted for, not to mention that she was put in a home for mentally disturbed women and forced to run the home in the position of a paid staff member while paying to be there herself. Kennedy runs a house of horrors and has no conscience.

Someday, the covers will be blown wide open off this court. The Randy Kennedys and Paul Houschs of the world will find their way behind bars where they belong. It WILL happen, one way or the other. In the mean time, it's a sad testament to our judiciary that a person of this calibre is sitting on the bench.
 
http://impeachrandykennedy.files.wordpress.com/2011/03/kennedys-response-to-ginger-franklin.pdf

"Fraud On The Court By An Officer Of The Court"

"Fraud On The Court By An Officer Of The Court"



And "Disqualification Of Judges, State and Federal"



. Who is an "officer of the court"?

A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).

2. What is "fraud on the court"?

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

3. What effect does an act of "fraud upon the court" have upon the court proceeding?

"Fraud upon the court" makes void the orders and judgments of that court.

It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).

Under Illinois and Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect.

4. What causes the "Disqualification of Judges?"

Federal law requires the automatic disqualification of a Federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) "is directed against the appearance of partiality, whether or not the judge is actually biased.") ("Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.").

That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice."

The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.

"Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989).

Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that "We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed." Balistrieri, at 1202.

Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an "appearance of partiality" and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.

Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.").

Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However some judges may not follow the law.

If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself.

However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances.

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts
 
Compliments of ProbateSharks.com Research Team

McCalla supports renaming of Petty Session Court

McCalla supports renaming of Petty Session Court

Ingrid Brown
Saturday, February 26, 2011

CHIEF Justice Zaila McCalla has endorsed the call by lay magistrates for the renaming of the Petty Session Court and for them to be given greater responsibilities in the dispensing of justice.

Speaking at a recent Lay Magistrates Association of Jamaica Annual General Meeting, McCalla said lay magistrates may soon be called upon to play a greater role in the administration of justice.

"You may be called upon to deal with more serious cases and this will ease the burden on the Resident Magistrates Courts and others, enhance skills and competence and will have a positive effect on the disposal of criminal cases," McCalla said.

McCalla said she also firmly believed that it was full time the name Petty Session Court be changed.

"In my view there is nothing petty about dispersing of justice," McCalla said to rousing applause.
With the increase in criminal activities, McCalla said that the number of cases to be tried was not commensurate with the number of judges and courthouses in the island.

McCalla said she has expressed to the relevant authorities the urgent need for a specific unit to be established in the court to ensure the collection of accurate information and specific data to allow for proper assessment.
As such, she argued that criminal case management will be to the benefit of all users of the court.

Lay Magistrates, she said, should also be sensitised on this initiative.

Meanwhile, she urged the Justices of the Peace (JPs) to ensure that their actions are above reproach at all times.

"Whatever is legally within your power to safeguard your integrity and preserve the system... you use," she said, adding that "nothing or no one should cause you to act improperly whether in discharge of your public function or private affairs.

With the advent of technology and increase in cyber crimes, McCalla said she cannot overemphasise the need to pay close attention to details before endorsing documents.

"In recent times we have seen an increase in the number of fraudulent documents which are being presented as genuine," she said.

She cited cases which she said involved persons seeking to deprive elderly persons of their property as well as corruption in probate and divorce cases.

"Probate and divorce are also cases in which corruption has seemed in and so I must urge you to play your part in eliminating scourge of corruption from our society," she said.

For his part, national president of the Lay Magistrates Association of Jamaica, Rion Hall urged his colleagues not to be committed to only signing documents but to make themselves available to serve in the courts.

"When I go to our sessions, I quiver at the number of simple cases that get put off repeatedly. And, ...we start at 10:00 am and by 11:00 am the session is finished and court is close for that day," he said.

"There is no reason, space being allowed, why you couldn't have two or three courts for the parish of Kingston going on at the same time as all it takes is nine justices and we would get rid of this backlog," he said.

He argued further that it was the failings of a number of Justices of the Peace (JPs) which has resulted in the authorities seeking to give some of their duties to parish councillors and senators.

"We will certainly hope that in the long run we will not be localising and politicising our position," he said.

The association, he said, will be taking up the issue with the justice minister.

"We want to ensure that there be real demarcation so that nobody will confuse themselves with what it is the JP do what we stand for and where politics end," he said.

Custos of Kingston Steadman Fuller also called on the JPs to make themselves available to be trained to serve in other areas.

"We will be training persons to serve in the drug and petty session court and the spirit licence authority to expand pool of persons in that area," he said.

He pointed out that there are several JPs who, having been commissioned, seek to make it only a part of their resume

Read more: http://www.jamaicaobserver.com/news/McCalla-supports-renaming-of-Petty-Session-Court_8360069#ixzz1GWnGq0GT
 
Editor's note:  Ms McCalla, the citizens of Illinois need you to clean up the Probate Court of Cook County!!!!

"We have enough of a case to bring to court,"

"We have enough of a case to bring to court,"


South Africa's top prosecutor has said there is enough evidence to charge Jacob Zuma, the new head of the African National Congress (ANC) party, with corruption.

The decision on whether to bring a new case against Zuma was expected soon, Mokotedi Mpshe, the acting director of public prosecutions, told South Africa's 702 Talk Radio on Thursday.

"We have enough of a case to bring to court," Mpshe told the private radio channel.

"The investigation is complete, all we are doing now is tying [up] the loose ends."

Michael Hulley, Zuma's lawyer, was reported by the Reuters news agency as saying Mpshe had not notified him about possible legal action.

"I can only speculate that the actions of the national director are fuelling and lending credence to the idea that state resources are being used against my client," he said.

Asked at a news conference on Thursday to comment on the possible charges, Zuma told reporters: "I don't think I'd like to engage that issue. I think I want to cross that bridge when I get there."

But he said he had always responded to the earlier allegations by saying "If I have to answer any allegations I will do that in court".

Corruption charges

Speaking to Al Jazeera, Steven Friedman from the Institute for Democracy, stressed that Zuma had not yet been charged, but said that if charges were brought, a number of possibilities could be expected - including angry reactions from supporters demanding that the charges be dropped.

Though popular among the ANC's grass-root supporters, Zuma has been dogged by scandals in the recent past.

Schabir Shaik, Zuma's financial adviser, is currently serving a 15-year prison sentence after he was found guilty of soliciting bribes on behalf of the new ANC leader.

Mbeki fired Zuma in 2005 after he was charged with bribery and fraud over the arms deal scandal.

But charges against Zuma were thrown out in 2006 after a high court judge ruled documents obtained during raids on Zuma's home could not be used by prosecutors because the warrants used to obtain them were illegal.

Then last month the supreme court said the warrants had proper legal authority, clearing the way for the evidence to be used in any future corruption trial against Zuma.

Police unit

Days before Zuma became ANC leader, an elite police unit called the Scorpions filed papers in the Constitutional Court containing what they said was new evidence against him.

Zuma denies any wrongdoing and his supporters say he is the victim of a plot by Mbeki who has been left without office in the ANC after Zuma won the vote to lead the party.

Kalay Maistry, Al Jazeera's correspondent, said the future of the Scorpions Unit which put together the case against Zuma is now under question, with party delegates expected to take a decision on the future of the unit.

Maistry reported that the ANC appeared even more divided than it was before the presidency race.

Zuma's reputation has also been tainted by a sex scandal. An HIV-positive woman accused him of rape, though the courts later absolved Zuma of the charge.

Leadership battle

Zuma was elected head of the ruling African National Congress on Tuesday, defeating Thabo Mbeki, the South African president.

Despite the leadership battle, in his first speech as party leader on Thursday, Zuma paid tribute to Mbeki, calling him "a comrade, friend and brother".

He said there was "likely to be anxiety regarding the existence of two presidents, one of state and the other of the party" but promised there was "no reason for uncertainty or fear".

"The conference is now behind us and we will continue to work together to unite and build a stronger ANC," he said.

Zuma promised continuity in ANC policies, which have seen the longest period of growth in South Africa's history.

During his campaign for the party leadership, Zuma had challenged Mbeki's muted approach to confrontation with neighbouring Zimbabwe, where Robert Mugabe, Zimbabwe's president, is accused of ruining the economy.

But Zuma was conciliatory on that point on Thursday, saying he was "confident" in the "quiet diplomacy" approach and promised "we are going to continue with it".

As the ANC's head, Zuma is favoured to become the country's next president when Mbeki steps aside in 2009, though a conviction for corruption would force him to stand down.

Source:

Al Jazeera and Agencies

Read full article at link below:

http://english.aljazeera.net/news/africa/2007/12/2008525123050569877.html
 
Editor's note: Presidential candidate Zuma is a natural and would find a nich in Chicago politics.

Friends fight for access to John Q. Hammons

Friends fight for access to John Q. Hammons


Details emerge in Hammons case: Hammons Hotels CEO has been subpoenaed Kinder felt 'stonewalled' by Hammons associates Lt. Gov. says he's still concerned about John Q. Hammons Court-appointed lawyer likely to interview John Q. Hammons Court-appointed attorney likely to check on John Q. Hammons soon

Longtime friends of hotel magnate John Q. Hammons are asking a Greene County probate official to appoint a guardian to oversee his care, accusing the current CEO of the hotel company of keeping him in involuntary seclusion at a Springfield nursing home.

"I did it because I'm an acquaintance and felt it was the right thing to do," said Bonnie Bell, one of the petitioners and an executive at KWTO.

Jacqueline Dowdy, the CEO of John Q. Hammons Resorts and Hotels, has power of attorney for Hammons. She has maintained that two doctors have certified that Hammons, 92, is incapacitated and unable to make or communicate health care decisions, according to the petition filed with Greene County.

Dowdy could not be reached for comment Tuesday.

A hearing is scheduled for 9 a.m. March 22 in front of commissioner Carol Aiken. The proposed guardian would be David Yancey, the county's public administrator.

Scott Tarwater, the company's former executive vice president of development, said he hasn't seen or talked to Hammons since last August. Tarwater is listed as a potential witness in the petition.

"My concern has always been for Mr. Hammons' welfare," Tarwater said. "I would love to see him again and visit with him."

Tarwater was once thought to be in line to lead the company when Hammons could no longer run it.

Former state senator Norma Champion, who is also listed as a potential witness, said a lot of people are concerned about Hammons. Champion said she had been told that Hammons wanted to see her, but when she tried to see him, she was told by Dowdy that she couldn't.

"I can't believe that anyone is so physically ill or mentally ill that they wouldn't be allowed to see their friends unless they've asked not to," Champion said.


She said she wants to be sure that Hammons doesn't think his friends have deserted him.


Jim Anderson, the president of the Springfield Area Chamber of Commerce, said he would have liked to have helped Hammons celebrate his birthday on Feb. 24. Hammons was known for his birthday celebrations. His 90th was held at JQH Arena, which is named after him.

"Certainly all of us missed being able to wish him a happy birthday," Anderson said.

Last year, the Missouri Department of Health and Senior Services received a complaint about Hammons' care, but after investigation said it found the complaint to be unsubstantiated

Please read complete article and referral links:

http://www.news-leader.com/article/20110309/NEWS01/103090400/1007/Lt-Gov-says-he-s-still-concerned-about-John-Q-Hammons

Editor's note: This type of alienation from friends and family is a typical tactic used by the Probate Court of Cook County.  Once a ward is isolated from loved ones, predatory GALs, health care rehabilitation type companies, "care givers", judges and lawyers are free to "pick the bones clean" for their own profit.  Editor's note (with sarcasm): You gotta watch out for those wild State Senators and Chamber of Commerce Presidents. 

Former NFL running back Jerry Eckwood

WHAT HAPPENED: Former NFL running back Jerry Eckwood, 56, appeared last week in Davidson County probate court to deny accusations that he requires a conservator to manage his finances and help care for himself. Judge Randy Kennedy said a one-day hearing to get testimony from Eckwood's friends, family, caregivers and temporary conservator is necessary.


THE BACKGROUND: Eckwood played in the NFL from 1979 to 1981 with the Tampa Bay Buccaneers. The Brinkley, Ark., native suffered multiple concussions during his career, which the NFL believes caused the dementia he was diagnosed with last year. He also suffers from a pre-existing mental illness, his daughter in Brentwood, Jerval Watson, said in court records.

Worries about Eckwood surfaced after a representative from the NFL Player Care Foundation came to Tennessee last year to see Eckwood. The foundation helps former players get benefits. After the visits, the foundation asked the court to appoint a conservator, which he has resisted. Eckwood lives in an assisted-living facility in Franklin.

WHAT NOW: Eckwood concedes that he needs help with his finances but believes Watson can help him. According to a court-mandated report written by Nashville attorney Paul Gontarek, "He stated that he wanted to live on his own and 'get the NFL out of my business.' " Kristy Robinson with Elder Care Options Consultants was appointed emergency temporary conservator earlier this year and will serve in that capacity until Kennedy makes a final decision.

WHAT NEXT: In the next couple weeks, a hearing date will be set for Kennedy to hear testimony. It probably will be within the next few months.

Read full article:

http://www.tennessean.com/article/20110306/NEWS01/103060375/Hearing-planned-for-former-NFL-player-in-conservatorship-case

Editor's note:  Judge Randy Kennedy would fit in perfectly into the environment of the Probate Court of Cook County.

Man's Colorado probate court loss might change state law

denver and the west


Man's Colorado probate court loss might change state law

By David Olinger

The Denver Post

Posted: 03/01/2011 01:00:00 AM MSTUpdated: 03/02/2011 06:14:16 PM MST

Matthew Keenan lost an emotional legal battle with the bank he decided to dismiss as the court-appointed conservator of his estate. But he might change Colorado law.

Last week, the state appeals court upheld a ruling that Colorado State Bank and Trust reasonably contested the efforts of Keenan, a man who recovered from a catastrophic brain injury, to terminate the bank as his conservator.

But the judges left open the question of whether the bank can collect $217,466 from Keenan for the costs of fighting his bid for independence.

In the wake of his case, pending legislation would not allow Colorado guardians and conservators to "oppose or interfere" with petitions to oust them.

The Denver Post highlighted Keenan's case last year in one of a series of stories examining problems in Colorado's probate courts.

Keenan, a 46-year-old man who awoke from a coma 10 years ago and regained the use of his body and brain, contended Colorado State Bank and Trust had an inherent conflict of interest when it used his money in a fight to retain control of his assets.

But the appeals court judges held that under Colorado law, "opposition to the protected person does not necessarily breach the conservator's fiduciary duty."

They rejected a Boulder court decision to award the bank all of its legal expenses and costs from Keenan's trust funds, however, and ordered the court to review what compensation would be fair.

Spencer Crona, an attorney for the bank, called the court decision well-reasoned and extensively analyzed.

Chester "Skip" Morgan, Keenan's attorney, was shocked at first. "I was kind of sleepless and upset for two days after I read the opinion," he said. "I couldn't believe it."

But he praised the appeals court for vacating the award of legal fees, as well as legislation forbidding guardians and conservators to oppose petitions to terminate their services.

Keenan agreed.

"We may have lost this battle," he said, "but we have won the war by assuring that this kind of treatment never will happen again."

While ruling against Keenan, the appeal court judges said they agreed conservators are apt to have a conflict of interest in maintaining their role when their ward wants it severed because it ensures they continue to get paid.

But, they noted, "even where a statute is troubling, a court must resist the temptation to change the statutory language."

The legislative proposal that could affect future cases like Keenan's lies within a Senate bill to revise Colorado probate court laws.

It would allow guardians and conservators to file a written report or a motion for instructions from the court if a ward or protected person petitions to terminate their services. With those exceptions, a guardian or conservator "may not take any action to oppose or interfere in the termination proceeding."

Read more: Man's Colorado probate court loss might change state law - The Denver Post

http://www.denverpost.com/news/ci_17506322

Editor's note:  Your Shark Research team has discovered a similar conflict of interest between a bank, healthcare providing rehabilitation type company and an aged ward in the Probate Court of Cook County. An employee of the healthcare company took the aged ward to visit the Shedd Aquarium.  The bank employees then forced the locks on the aged ward's home and took valuable belongings, including money, gold, jewelery and a Luger pistol...all without the  aged ward's knowledge or permission.  To our researcher's knowledge, none of the stolen items were ever cataloged for the court.  Nor was a police report ever initiated.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Forward Motion: HB2424 Passes Rules Committee...OR...David-1, Goliath-0

Forward Motion: HB2424 Passes Rules Committee...OR...David-1, Goliath-0

http://courthousesteps.wordpress.com/2011/03/03/forward-motion-hb2424-passes-rules-committee-or-david-1-goliath-0/

courthousesteps
March 3, 2011 at 9:45 pm
Categories: Constitutional Law, Judicial Activism, Judicial Review, Legislation, Probate Abuse, Uncategorized
URL: http://wp.me/p1e3qW-1U

Despite a full frontal attack by every high-powered political lobbyist money could buy, HB2424, the bill written to reform the troubled Arizona Probate Court has jumped another hurdle on the way to become law. When public testimony was taken in the House Judiciary Committee, the number of private citizens registered to speak in favor of the bill was so numerous that the time to speak had to be limited. The only testimony in opposition to the bill was a court representative who objected to the "intrusion" by the legislature into the realm of the judiciary and industry insiders who profit from the current system.

The lingering question was this...if the courts and attorney groups are so good at policing their own, if they understand what is in the best interest of so many and capable of abiding by the current law...what caused the countless horror stories of exploitation and abuse? If the bad actors are so few, why are the stories, true and accurate accounts, so many? Just how did Arizona become the prime example of a national need for probate reform?

Apparently the circus that was designed to distract, deflect, and destroy HB2424 represented by the not 2, not 3, but at last count at least 4 different lobbying houses, hired for nothing more than to represent the opposition was seen for what it was. A wholesale attempt at influencing votes for personal gain, or in this case no votes, through big bucks muscle. The House Rules committee proved by their vote that even the most well-financed effort cannot compete with the truth and demands of the people for justice.

Today was a good day for the people
 
Editor's Note:  Soon, soon, people of Illinois...

March 3, 2011-Phoenix, ARIZONA - It started almost two years ago. The woman who couldn't talk without crying, her mother ripped from her life, left to an existence of despair and loneliness. A son, who never saw his mother again after she was placed in the care of the state against her wishes until she died, alone. A wealthy heir to a huge American fortune stripped of all dignity and liberty, sleeping on a friend's couch in order to afford to eat.


They found each other in the halls of the probate courts. A place most people go for justice presented a very different reality to them. Maria Tomasch and ABC Channel 15 have documented their struggles and will air an update Friday, March 4, 2011 during the 10 PM newscast.

Theirs were the stories that started the journey that led them on the road to reform. With families torn apart, their only allies had been each other. Until this year when one among them said enough and got help. It has been a bumpy and often dangerous road, full of pot holes dug by those who would like nothing more than to derail their efforts. They worked together and found an ally in Rep. David Smith who introduced HB2424. They testified before legislative committees, wrote letters, made calls, recruited support from others, and even held up signs in front of the courthouse.

Now they see hope in the form of HB2424. The ABC Channel 15 story will bring all of Arizona up to date on the effort that has been a David and Goliath attempt of ordinary people against highly-paid, high-powered lobbyist, attorneys, judicial operatives and industry insiders

JUDGES TO BE "EVALUATED"

JUDGES TO BE "EVALUATED"


Over 900 Illinois judges to face mandatory performance evaluations

The Illinois Supreme Court has announced the implementation of a mandatory judicial evaluation program for all Circuit and Associate judges in the state as the final part of a series of initiatives to improve public confidence in Illinois courts.

The program is designed “for the purpose of achieving excellence in the performance of individual judges and the improvement of the judiciary as a whole,” states Supreme Court Rule 58 which the Court amended Tuesday to establish the program as mandatory.

“This is an extremely important step in making a good judiciary even better,” said Illinois Supreme Court Chief Justice Thomas L. Kilbride. “There are more than 900 judges in Illinois and under this program every one who serves at the Circuit Court level will be evaluated by those who appear before them and work with them. This evaluation is for the purpose of enhancing the performance of Illinois judges and improving public confidence in the state’s courts.”

The results will be confidential, shared only between the judge and a facilitator, also a judge or retired judge who has been specifically trained in the process.

The program will be administered under a contract with the National Center for State Courts and will be monitored by the Supreme Court Judicial Performance Evaluation Committee.

The Committee is chaired by Illinois Appellate Court Justice Joy V. Cunningham. Justice Cunningham and the Committee worked with Director Cynthia Y. Cobbs of the Administrative Office of the Illinois Courts to formulate the program.

Justice Rita B. Garman served as Supreme Court liaison to the Committee.

“In establishing this program, our focus is on supporting judges in their efforts to become the best they can be,” said Justice Garman. “It is an opportunity for judges to remedy any concerns they or others may have and to improve their performance to help them become even better judges.”

“I think that judges across the state will embrace this as a process for helping to maintain a level of excellence and a high level of judicial competence across the state,” said Appellate Justice Cunningham.

“Our judiciary is strong and this is being done to ensure that judges in Illinois are functioning at the highest level possible.”

Director Cobbs and the Administrative Office were instrumental in formulating a series of strategies adopted by the Supreme Court to improve the judiciary and public confidence in the Courts. These strategies were announced in December 2008.

They included a Statement of Expectations for all Illinois judges; improving a mentoring program for new judges; and amending Supreme Court rules to direct and clarify the authority and expectations of Chief Circuit Judges and presiding judges of the Appellate Court in their administrative roles over fellow judges. A mandatory judicial evaluation program also was among those strategies, and with the formal amendment of Supreme Court Rule 58 on March 1, the program becomes effective immediately.

“With the implementation of the other strategies, the performance and accountability of Illinois judges have already been strengthened,” said Director Cobbs. “This is another component of those strategies that will additionally fortify an already strong, capable and engaged judiciary.”

The Administrative Office with its Judicial Management Information Services division developed an electronic database that will randomly select from around the state Circuit and Associate judges who have more than two years and fewer than 25 years on the bench. In the first year, 100 to 125 judges will be evaluated.

The names of the randomly selected judges will be transmitted to the National Center of State Courts, which will initiate e-mail correspondence and evaluation materials to the selected judges. The materials will include asking judges to identify a number of persons who have appeared before them and with whom they work. Those persons, in turn, will receive an electronic questionnaire seeking information on a judge’s legal ability, impartiality, professionalism, communication and management skills along with an overall evaluation.


The results will be shared and discussed between the trained facilitator and the judge.

Judges with fewer than two years experience will not be selected for the program because they would not have enough time on the bench to make a useful evaluation.

The National Center for State Courts was selected as a result of an open bid process, and has conducted similar programs in other jurisdictions.

A Judicial Performance Evaluation program for Circuit and Associate judges has been in effect since 1988, but it has been voluntary until now.


Editor's note: The folks at ProbateSharks can't help but question why the results of these judge "evaluations" are not going to be of public record. Also of concern is the fact that the judges will be selecting the people who will be evaluating them. Perhaps allowing some of the Cook County Probate Court guardianship victims and their families evaluate the judges would result in a more accurate description of the judges' actions in regards to failing to uphold the law and failing to protect the disabled wards

COMING SOON - THE SAGA OF ALICE GORE

Coming soon - The saga of Alice Gore,

 a recently deceased  99 year old disabled ward of the Probate Court of Cook County.  Readers will be sickened on  how the Probate Court of Cook County parasites sucked dry almost one million dollars of Alice's life savings in less than three years. They even raided her prepaid burial trust - these thieves now claim there is no money to bury Alice. Lucius Verenus, Schoolmaster, ProbateSharks.com