Petition: Sen.Beavers, Rep. Gary Odom: Impeach Judge Randy Kennedy

Guardianship and conservatorship law is designed to “guard,” “conserve” and “protect” incompetent or disabled citizens, vulnerable elderly, and their estates.

Under Tennessee law, it is Judge Randy Kennedy’s duty alone, to decide whether or not a person is in need of a guardian or a conservator, and then to protect the vulnerable, elderly or disabled person. The law clearly states that the decisions Judge Kennedy makes should be in the best interest of the conserved person. Their best interest is NOT taken into consideration in his court and they are NOT protected!

• Judge Kennedy convenes emergency hearings without proper notice, in which people are conserved and their rights to due process and the law – federal and state – violated.
• Wards’ assets are depleted, property, and belongings quickly sold before they have the chance to prove they are competent. These people should NOT have to prove they are competent!
• Court appointed guardians and lawyers in these cases profit greatly at the expense of the very people they are appointed to protect, also sanctioned by Judge Kennedy.
• Judge Kennedy improperly seals files from public view.

Mrs. Jewell Tinnon, Ginger Franklin, and Danny Tate are citizens who were conserved by petitions being filed without their knowledge, had their assets depleted and property sold, (a combined worth in excess of $2.5 million) – all signed off on by Judge Kennedy. Mrs. Tinnon even pleaded before Judge Kennedy not to sell all the things she had worked hard for. He ordered the sell anyway!

THIS COULD HAPPEN TO YOU!!!!

SIGN THE PETITION

Abolishing Judicial Immunity

I realize that abolishing judicial immunity opens up an entire new “can of worms”, but this must be accomplished.

(I am busy “holding the wolves at bay” in all the various suits, etc. I face as a result of my ill-founded and illegal conservatorship)

When I have more time to consider this topic, I will present to you how we can effectively abolish judicial immunity and control the “tsunami” of law suits that would tend to follow.

Abolishing judicial immunity would have an immediate and definitive impact on judicial conduct, and do more for correcting the now-listing ship of our judiciary than any new form of “COJ” [Court of the Judiciary] could accomplish, though I do believe I’ve offered a substantial proposal of composition for a new governing body that represents Constitutional intent, and we would still need a judicial governing “watch dog” body.

I believe abolishing judicial immunity is consistent with the founding father’s intent [TN Constitution Judicial Election and Selection], and would ultimately stream-line government as well as bring immediate correction, governed by conscience as opposed to rule.

Full Article and Source:
Pauper v Probate: Abolishing Judicial Immunity

In Good Hands?

Source:
YouTube: “Inside E Street” – In Good Hands?

See Also:
Impeach Randy Kennedy

Danny Tate, Tennessee Victim

TN: Proposed Legislation for Reform in Conservatorship Adjudication

[On 1/26/12], I hand delivered a copy of this proposed legislation to Senator Mae Beavers, Chair of the Senate Judiciary Committee, and to Senator Joe Haynes. At a luncheon that was addressing an amendment to the Tennessee Constitution pertaining to the Tennessee Plan, a plan that is utterly unconstitutional, now there is proposed legislation to amend the Constitution to fit the law they’ve been breaking pertaining to judicial selection. Senator Beavers has championed judicial reform and is for judicial election, not selection, which is consistent with the Tennessee Constitution.

A miracle occurred when Senator Beavers addressed the issue of Conservatorships and the complaints that have come across her desk addressing the abuse of this Conservatorship Code.

The fundamental problem lies in the venue where this law is adjudicated, the Probate Court. A law of preservation adjudicated in a court of liquidation. The Probate Court is the venue where the deceased’s estate is liquidated and divided amongst the heirs, yet this same court has been vested with the authority to adjudicate a law protecting the assets of the incompetent. It’s an utter contradiction in jurisprudence.

Please read and consider this legislation. It’s a reasonable and logical proposal. The probate court is the wrong venue and there are inherent conflicts of interest with this law being adjudicated in the probate court.

I’m calling on each and every one of you to do your part to effect change. Not often does a legislation like this require from a moral imperative. We don’t all have the responsibility to stand up and choose sides over every issue that comes down the pike, but we all have a moral responsibility to stand up for those that cannot stand up for themselves, and there are countless legions of elderly victims, locked away and silenced while there estates are looted before they are in the grave. This is the moral imperative and I challenge you all to make the calls, write the letters, send the emails and let your voices be heard.

“All power is inherent with the people…” (TN Constitution)

Now is the time to remind our public servants who possesses the power. ”We, the people…”, that’s who. And in this important moral issue, we must all take a stand to protect those who cannot protect themselves. The adjudication of this law must be removed from the probate court and put in a venue where its intent can be faithfully effected.

Full Article and Source:
Pauper v. Probate: Proposed Legislation for Reform in Conservatorship Adjudication

TN: Legislation Could Limit Judges’ Power

A Tennessee representative is pushing for reforms to the system that is meant to protect vulnerable citizens, but often leaves them destitute and homeless instead.

State Rep. Gary Odom, D-Nashville, has introduced a bill that provides more protection to those who could come under the control of a conservator. A conservator is someone appointed by the court to oversee the person’s personal and financial affairs.

Three Davidson County cases recently profiled by Channel 4 News show the system robs people of their rights and often drains their bank accounts to pay for attorneys they never chose and in some cases, found they could not fire.

People in conservatorships lose all their rights, including their right to handle their own money, their right to make their own medical decisions, their right to vote, their right to marry and their right to decide where to live.

Ginger Franklin fell under the control of a conservator after she fell down the stairs at her home and bumped her head.

While she was recovering, her conservator put her home up for sale, emptied her bank accounts and disposed of most of her personal possessions. A year later, she was broke and homeless.

The same thing happened to Jewell Tinnon. Her furniture, her clothes and even her paid-for home were all sold at auction. Once she won her release from her conservatorship, she had to move into public housing for the elderly.

Songwriter Danny Tate fought to free himself from a conservatorship. He ultimately lost his fortune.

Odom has introduced a bill to better protect people’s rights in conservatorships.

“It’s wrong. We need a better process. We deserve a better process,” Odom says.

Odom’s bill would require more medical evidence before a judge appoints a conservator. The person who would be the subject of the conservatorship would have the right to appear in court personally and would have the right to pick their own lawyer. That is not currently the case.

“That’s unbelievable to me,” Odom says.

The same judge presided over the Tinnon, Franklin and Tate cases – Probate Judge Randy Kennedy. He did not return our calls asking for comment on Odom’s bill.

Odom says his bill does not target Kennedy specifically, just the system itself.

“This legislation obviously cannot undo wrongs that have taken place in the past, but it can try to protect people in the future,” Odom says.

Full Article and Source:
Legislation Could Limit Judges’ Power

Court Ordered Hell…..Continues

It’s been two years since The Tennesean published, “Court-Ordered Hell — How an errant judge and a controlling sibling stripped nashville rocker danny tate of his money, his livelihood and his legal rights” in an ex-parte “emergency” hearing (when there was no emergency), resulting in a “temporary” conservatorship with no end in sight.

The conservatorship was terminated in May of 2010, but in an unexpicable turn of events, Judge Randy Kennedy’s final order left the conservator in control of Tate’s estate (Kennedy denied the conservator’s motion to withdraw).

How can this be?

These videos of the unlawful ex-parte “emergency” hearing of October 23, 2007 tell the story:

The only people that had any knowledge of this hearing were Judge Kennedy, campaign contributors Paul Housch, Robert Stratton and David Tate. The entire hearing lasted 19 minutes. That’s all it took to strip Danny Tate of all constitutional rights. Nothing but fraudulent hearsay allegations were presented to the court without any supporting documentation.

Part 2 of the Ex Parte hearing in which Judge Randy Kennedy stripped Danny Tate of all Constitutional rights including “life, liberty and the pursuit of happiness”, without Tate being served notice of this hearing, without Tate being present, all based on fraudulent allegations made by David Tate through his attorney Paul Housch.

Sign the petition to “Impeach Judge Randy Kennedy”

See:
Court-Ordered Hell — how an errant judge and a controlling sibling stripped Nashville rocker Danny Tate of his money, his livelihood and his legal rights

See Also:
Impeach Randy Kennedy Blog

Danny Tate, Tennessee Victim

NASGA’s An Open Letter to Congress and the White House -3: A Review of Unlawful “Emergency” Guardianships

BoomersBewareOfConservatorshipAbuse

"Fifth Third Bank, Co-Conspirators in the Probate Racket"

It’s a well-established fact that banks conspire with the crooked probate courts to loot estates and facilitate the looting thereof.

Such is the case with Fifth Third Bank in The Conservatorship of John Daniel Tate.
The atrocious and criminal conduct of this banking institution is an example of how our government has become corrupt within itself at a level never before in the history of the United States.

As the economy went south, Uncle Sam bailed out the banks, but where has he been for “we, the people”?

Fifth Third Bank continues to refuse Danny Tate access to the conservatorship account they housed from the illegal inception of the conservatorship even though they have had an Order from the 7th Circuit Court terminating the conservatorship on May 24, 2010, nunc pro tunc (the minute it rolled off the judge’s tongue).

They participated illegally in the fraudulent and hostile take over of Danny Tate’s account when David Eugene Tate showed up with a cooked DPOA (this is already well established) and allowed David Tate to proceed in cleaning out the accounts for his own use (we will start a series very soon specifically on David E. Tate and his illegal, deviant actions, for it will take a series to cover it all, and we will present the necessary documentation to substantiate every allegation).

Full Article and Source:
Fifth Third Bank, Co-Conspirators in the Probate Racket

The Twelve Steps to Recovery of the Legal System

1. Admit you are a citizen of the United States of America and have power over the legal system.

2. Convince yourself that “we, the people” are a Power greater than the legal system and will restore it to sanity.

3. Make a decision to never turn complete control of your case over to an attorney and make sure they understand that.

4. Make a vigilante effort to keep an ethical and legal inventory of all actions of attorneys, judges and officers of the court and be prepared to call them out on the rug if they even suggest or witness an error.

5. Determine to God, yourself, and then to your attorney the exact strategy you want pursued in your legal action. Never listen to an attorney who says, “Just let me be the attorney”.

6. Be entirely ready to file a complaint against any attorney, judge or officer of the court with the appropriate governing body.

7. Persistently appeal the complaint since they are routinely denied by these governing bodies because they are made up of attorneys and judges who have broken the same rules and code of ethics and, because of that, “presumed correctness”, though errant, on the part of any attorney, judge or officer of the court.

8. Keep a list of all persons harmed, all co-conspirators, all rules and ethics broken, including your own attorney if HE doesn’t file a complaint on your behalf, and become willing and diligent in reporting them all to the appropriate governing body and make sure the appropriate discipline is followed through by the various governing bodies. Law is 90% logic. If it feels like something is wrong, it probably is; and DON’T trust any attorney. If you hear an attorney say, “I’ve got to work in this town”, they have just breached The Rules of Professional Conduct.

9. File direct complaints to any legislator who represents the jurisdiction in which your original complaint was levied, or to such people wherever possible, and don’t worry about an attorney telling you it will bring bias from the court, because that is grounds for a complaint and recusal. File a copy of your complaint directly to the attorney, judge or officer of the court and then file a motion for recusal in an effort to get an unbiased court.

10. Fire your attorney, file a complaint and file a legal malpractice suit with their bonding company, “omissions and errors”; because after three complaints, an attorney is out of luck getting malpractice insurance.

11. Seek through study and review to improve your conscious efforts and knowledge of the code of ethics, which are based on logic, with God’s help, and pray like hell that the powers that govern officers of the court do their job; if not, file a suit against the state because your public servant, be it the Court of the Judiciary, The Board of Professional Responsibility, The Senate Judiciary Committee, and all Legislators, failed in their duty to their oath and are not immune from legal action just because they passed some law proclaiming they are immune.

12. Having had a legal awakening as the result of these Steps, try to carry this message to other victims of an errant legal system, and to practice these principles in all your legal affairs.

Source:
The Twelve Steps to Recovery of the Legal System

How to File a Complaint…The Fatal Shot Heard Round the World (part 2)

Mr. David Callahan, III, Guardian Ad Litem in The Conservatorship of Robert Thurman, has an oath and legal obligations to adhere. Considering the egregious nature of the Thurman conservatorship, it’s important that this be made public. The Thurman case also shows a pattern of illegal activities, not to mention ethics violations, in Judge Randy Kennedy’s probate court that are routinely carried out on a day-to-day basis.

Again, Mr. Callahan, III, in my opinion, is the least deserving of this public scrutiny, but he did and does have a legal obligation to report to the various authorities what he has witnessed and been made aware of. He also had the obligation as Guardian ad Litem to protect Robert Thurman from the atrocities that followed the Petition for Conservatorship.

Another thing to keep in mind, the probate courts are the biggest business in America, dwarfing any business, because the wealth of the nation eventually passes through probate. See what I’m getting at? So, that’s why they do their actions in such a self-contained manner. In order to maintain “ownership” of the biggest business in the world, they can’t “out” themselves on what is going on.

Full Article and Source:
How to File a Complaint…The Fatal Shot Heard Round the World (part 2)

How to File a Complaint…The Fatal Shot Heard Round the World (Part 1)

Now here’s the zinger and the power “we, the people” possess but are kept in the dark: If the attorney, with knowledge of, DOES NOT report the violation of The Rules of Professional Conduct or the Judicial Code of Ethics, WE, as observers, have the right to file a complaint against the attorney who has not reported the violation as well as the attorney(s) who committed the original violations. In other words, if the attorney witnessing the violation does not report (file a complaint, charges, etc.), he becomes, in fact, an accessory (co-conspirator) to the breaking of the rules of violation of ethics (if the BPR does their job and takes appropriate action according to the rules and their standard of discipline).

ARE YOU GETTING WHAT THIS MEANS?

If you, as an observer and citizen of the United States, witness or are made aware, and can prove unethical and/or illegal conduct on the part of an attorney or judge, and if the attorney(s) involved in the matter have not corrected the error/breach/rule-breaking, then you, as an observer (you don’t even have to be involved in the case or “have a dog in the fight”) can report the violation to the appropriate governing body, including the attorney(s) who have failed in reporting the misconduct.

Full Article and Source:
How to File a Complaint…The Fatal Shot Heard Round the World (part 1)