>Mastro Guardian Wants Out

>Attorneys for bankrupt developer Michael R. Mastro and former state Supreme Court Justice Faith Ireland asked the court to release Ireland from her duties as court-appointed guardian for Mastro.

It was a surprising development — since Ireland earlier had agreed to represent Mastro throughout the trial, despite the possibility she would not be paid for her work. Reasons for the request were not given in the legal papers filed today in U.S. Bankruptcy Court in Seattle.

Ireland was appointed to represent Mastro after the developer was hospitalized for a head injury in February after falling off a ladder at his home in Palm Desert, Calif. Ireland late last month was able to reach a $7.1 million settlement with bankruptcy.

Full Article and Source:
Mastro Guardian Ireland Wants Out of the Case

See Also:
Judge Approves $7M Judgment in Mastro Case

>Medical Exam Ordered for Ailing Singer Etta James

>A Southern Californial judge has ordered an independent medical evaluation of ailing Etta James after her son’s attorney contended that the “At Last” blues singer could be in “very serious danger” under the care of a live-in doctor.

The 72-year-old James suffers from dementia, leukemia, kidney problems and other ailments. Her son’s attorney, James E. Deering Jr., said at a court hearing that Dr. Elaine James, who is not related to the singer, put feeding tubes into James’ stomach at home – a procedure that should have been performed in a hospital, the Riverside Press-Enterprise reported.

A report by a confidential investigator that was released to attorneys Thursday raises “significant questions” about whether Etta James is receiving proper medical treatment in her home in the Woodcrest area of Riverside County. Superior Court Judge Thomas Cahraman ordered a court-appointed attorney representing the singer’s interests to arrange for independent pysicians to examine the singer and review her medical charts.

Full Article and Source:
Medical Exam ordered for Ailing Singer Etta James

Luzerne County May Have to Repay Funds

Luzerne County may have to repay $27,979 in state funding because of problems with the way the previous court administration handled payments for guardian services involving children removed from their homes due to alleged abuse and neglect.

The finding stems from a state Department of Public Welfare audit. The county administration requested the audit after suspicions that some state funding may not have been used for the intended purpose.

The audit challenges $27,979 in state reimbursements because the county did not track or document some of the costs of guardian services. The county also obtained state reimbursement higher than the allowable rate from 2003 through 2006, the audit said.

The audit also found the previous court administration used state funding earmarked for guardian ad litem services to pay Orphan’s Court worker Michael Shucosky, also an attorney, more than $200,000 for additional work as a court master. A master presides over some court actions in place of a judge.

Children were represented, but the guardianship work was performed by John Bellino, the county’s $50,230-per-year staff guardian ad litem, since 2000.

The audit says the county paid Shucosky $481,745 from 2004 through 2008 for three different jobs – court master, contracted mental health hearing officer and a county Orphan’s Court employee. The court removed Shucosky from the mental health hearing officer post after the state’s draft audit was released in August.

Full Article and Source:
County May Have to Repay $27,979

Constitution Applies to Famous People Too

Last week it was reported by the AP that Petersen/Allred’s case which was successful in the OC county superior court appointing a guardian ad litem had been overturned. Reuters and others jumped on the bandwagon to say it was only a temporary stay because her case to be heard on the 20th to dismiss the case altogether had not occurred yet.Well, turns out neither got it totally right.

The appeals court ruled that Suleman’s Constitutional rights had been violated. AND, here’s the most interesting part: On the 27th Petersen admitted he didn’t have the evidence needed to have the court appoint a fiduciary guardian at the time, which is the reason why they changed their request to have a GAL appointed to do the work they THOUGHT needed to be done.

What were their thoughts based on? INTERNET ARTICLES. Yes, you read correctly.

Paul Petersen with Gloria Allred in tow filed a petition to have a guardian appointed over the octuplets solely due to the “evidence” they had garnered off the Internet. They didn’t even take the time to obtain the authenticated contracts or “evidence”. Apparently they went in there (as the appeals judge wrote) thinking they needed to be listened to because they had “evidence” and the court just better listen to them.

Here is an article in layman’s terms:
http://www.metnews.com/articles/2009/8mom081209.htm

Here is the actual appeals court ruling:
http://www.courtinfo.ca.gov/opinions/nonpub/G042399.PDF

Hows that for an appeals court ruling concerning a prominent case being handled by “the most famous female attorney in the country”? (per her own bio on her own website)

Yes folks, our Constitution applies even to those who the gossip outlets, the Internet, and even Gloria Allred and Paul Petersen have attempted to lynch.

Glory be to our Constitution.

From a NASGA reader
Is Hammond or Isn’t He?

Guardian Troubles

Guardian Troubles-Susan Mclendon and Luke Humphrey Part 1

Guardian Troubles-Part 2 – Susan Mclendon and Luke Humphrey

Guardian Troubles-Part 3 – Susan McLendon and Luke Humphrey

Guardian Troubles-Part 4 Susan Mclendon and Luke Humphrey

Guardian Troubles Part 5 Susan Mclendon and Luke Humphrey

Guardian Troubles Part 6 Susan Mclendon and Luke Humphrey

Guardian Troubles- Part 7 Susan Mclendon and Luke Humphrey

Susan and Bill Mclendon on Luke Humphrey at Glen Rose Nursing Home

Susan & Bill McLendon denied Access to visit son in Glen Rose Nursing Home
Part 2

Susan and Bill Mclendon denied access to son in Glen Rose Nursing Home
Part 3

Why the Restrictions on Visitation on Susan Mclendon and Luke Humphrey?

Guardian Troubles

Guardian Troubles-Susan Mclendon and Luke Humphrey Part 1

Guardian Troubles-Part 2 – Susan Mclendon and Luke Humphrey

Guardian Troubles-Part 3 – Susan McLendon and Luke Humphrey

Guardian Troubles-Part 4 Susan Mclendon and Luke Humphrey

Guardian Troubles Part 5 Susan Mclendon and Luke Humphrey

Guardian Troubles Part 6 Susan Mclendon and Luke Humphrey

Guardian Troubles- Part 7 Susan Mclendon and Luke Humphrey

Susan and Bill Mclendon on Luke Humphrey at Glen Rose Nursing Home

Susan & Bill McLendon denied Access to visit son in Glen Rose Nursing Home
Part 2

Susan and Bill Mclendon denied access to son in Glen Rose Nursing Home
Part 3

Why the Restrictions on Visitation on Susan Mclendon and Luke Humphrey?

>Guardian Troubles

>Guardian Troubles-Susan Mclendon and Luke Humphrey Part 1

Guardian Troubles-Part 2 – Susan Mclendon and Luke Humphrey

Guardian Troubles-Part 3 – Susan McLendon and Luke Humphrey

Guardian Troubles-Part 4 Susan Mclendon and Luke Humphrey

Guardian Troubles Part 5 Susan Mclendon and Luke Humphrey

Guardian Troubles Part 6 Susan Mclendon and Luke Humphrey

Guardian Troubles- Part 7 Susan Mclendon and Luke Humphrey

Susan and Bill Mclendon on Luke Humphrey at Glen Rose Nursing Home

Susan & Bill McLendon denied Access to visit son in Glen Rose Nursing Home
Part 2

Susan and Bill Mclendon denied access to son in Glen Rose Nursing Home
Part 3

Why the Restrictions on Visitation on Susan Mclendon and Luke Humphrey?

Crist Signs Legislation

Governor Charlie Crist signed legislation:

Senate Bill 1018, Relating to Guardians Ad Litem

Sponsored by Senator Arthenia Joyner and Representative Kelli Stargel

Senate Bill 1018 expands Florida’s ability to provide children with representation by a guardian ad litem during divorce or related proceedings. Currently, the court must appoint an attorney pro bono or paid for by the parents. Senate Bill 1018 expands the opportunity for a guardian ad litem to act in the best interest of the child, providing the court with an impartial perspective of the best interest of the child.

This legislation allows for a person certified by a not-for-profit legal aid organization to serve as a guardian ad litem in divorce or related proceedings. It also clarifies that only certified guardians ad litem may serve in dependency cases involving child abuse, abandonment, or neglect. In addition, it creates criminal penalties if a person makes a false statement in an application to become a guardian ad litem.

Senate Bill 918, Relating to Florida KidCare Program

Sponsored by Senator Nan Rich and Representative Jimmy Patronis

Senate Bill 918 builds on improvements made in 2008 to the Florida KidCare program by increasing enrollment eligibility and improving administration and implementation procedures. The legislation provides more immediate health care coverage, decreases the time required for determining eligibility, and streamlines the financial eligibility process by allowing electronic verification of family incomes. Under the new legislation, more than 54,000 children will be eligible for KidCare.

Source:
Governor Crist Signs Child Advocacy Legislation

>Crist Signs Legislation

>

Governor Charlie Crist signed legislation:

Senate Bill 1018, Relating to Guardians Ad Litem

Sponsored by Senator Arthenia Joyner and Representative Kelli Stargel

Senate Bill 1018 expands Florida’s ability to provide children with representation by a guardian ad litem during divorce or related proceedings. Currently, the court must appoint an attorney pro bono or paid for by the parents. Senate Bill 1018 expands the opportunity for a guardian ad litem to act in the best interest of the child, providing the court with an impartial perspective of the best interest of the child.

This legislation allows for a person certified by a not-for-profit legal aid organization to serve as a guardian ad litem in divorce or related proceedings. It also clarifies that only certified guardians ad litem may serve in dependency cases involving child abuse, abandonment, or neglect. In addition, it creates criminal penalties if a person makes a false statement in an application to become a guardian ad litem.

Senate Bill 918, Relating to Florida KidCare Program

Sponsored by Senator Nan Rich and Representative Jimmy Patronis

Senate Bill 918 builds on improvements made in 2008 to the Florida KidCare program by increasing enrollment eligibility and improving administration and implementation procedures. The legislation provides more immediate health care coverage, decreases the time required for determining eligibility, and streamlines the financial eligibility process by allowing electronic verification of family incomes. Under the new legislation, more than 54,000 children will be eligible for KidCare.

Source:
Governor Crist Signs Child Advocacy Legislation

Judge Appoints Guardian Ad Litem

A federal district judge appointed a guardian ad litem to represent the interests of a Maryland architect who has battled her own lawyer for seven years in a copyright suit against a rival architectural firm and the United Arab Emirates.

Elena Sturdza’s suit, filed in 1998 in the U.S. District Court for the District of Columbia, has stalled since 2002 when her lawyer, Nathan Lewin, called into question his client’s competency to make rational decisions regarding her case. Lewin moved then for an appointment of a guardian, and U.S. District Judge Henry Kennedy Jr. granted the request.

But the U.S. Court of Appeals for the D.C. Circuit this year reversed Kennedy saying Sturdza had not been given ample notice about the proceedings. The appeals court said Sturdza should be given a shot to be heard on Lewin’s motion. That hearing was held earlier this month, at which time there was little doubt that Kennedy would re-appoint a guardian for Sturdza.

Kennedy wrote in an order: “Having provided Sturdza notice and an opportunity to be heard, this court again concludes that the motion for appointment of a guardian ad litem should be granted.” Kennedy earlier this month also ordered Sturdza to undergo a psychiatric evaluation.

Full Article and Source:
Judge Appoints Guardian for Plaintiff Who Has Been in Dispute With Lawyer for 7 Years

More information:
Court of Appeals – Reversed Decision

District Court – Order