Criminal probe requested in conservatorship case

John E. Clemmons

Citing “incomplete accountings and other misrepresentations,” a court-appointed conservator is recommending that the district attorney general and the TBI open criminal investigations into a Nashville attorney’s handling of a conservatorship.

In a 26-page report filed Thursday in Davidson County Probate Court, Paul Gontarek found that attorney John E. Clemmons paid himself over $370,000 while acting as the conservator of Nannie P. Malone. Court records show that most of those payments were made without court approval.

Malone passed away last year at the age of 81, but her family has filed a civil suit against Clemmons, who is facing criminal charges in a separate case in Rutherford County.

Gontarek was named to replace Clemmons in the Malone case on April 10 after the Tennessee Supreme Court suspended Clemmon’s license to practice law. Probate Judge David “Randy” Kennedy also named Gontarek to take over three other of Clemmons’ cases.

Gontarek said that his review of the four cases showed Clemmons routinely submitted accounting reports that omitted the payments he made to himself. He said some of those reports were “totally fraudulent.”

Full Article and Source:
Criminal probe requested in conservatorship case

See Also:
Nashville Attorney John E. Clemmons Charged With Theft in Conservatorship Case

Tennessee Attorney John E. Clemmons, Court Appointed as Conservator, Sued for Breach of Fiduciary Duty, Conversion, and More

Pauper v Probate: Notice of Perjury and Referral for Prosecution and Disciplinary Action

IN THE FIRST CIVIL COURT OF PUBLIC OPINION

 

Pauper v. Probate Court
(The Biggest Business in the World)                                                                                           

                                                                     Case No. : PD1; Filed: November 8, 2011

JUDGE “WE, THE PEOPLE…”, PRESIDING 

 

Notice of perjury by David E. Tate and Paul T. Housch 

 

 

 

 

 

 

 

 

 

 

 

Source:
Pauper v Probate – Notice of Perjury and Referral for Prosecution and Disciplinary Action

 

See Also:
NASGA:  Danny Tate

TN: Family Says Conservatorship Bilked $300K From Mother’s Estate; The Conservator: Attorney John E. Clemmons

John E. Clemmons’ law license was suspended a few months ago after he was accused of writing himself more than $50,000 in unauthorized fees from the bank account of a disabled client.
Now, another family says they’re out more than $300,000.

Malone’s children not only lost their mother, but they also lost everything that she had collected – all the precious memories. Clemmons sold everything at auction.

“They sold her clothes, family photos in that auction,” Lyle said. “It was one of the saddest days I’ve ever been through.”

“And now, seeing the money that has been taken from her, it’s like living her death all over again,” Boone said.

Source:
Family Says Conservatorship Bilked $300K From Mother’s Estate

See Also:
Nashville Attorney John E. Clemmons Charged With Theft in Conservatorship Case

Woman wins award against group home in conservatorship case

A woman who was placed in a conservatorship without her knowledge has won a $23,050 award from a Sumner County court against a group home that put her to work caring for other residents while she was paying an $850 a month fee.

In a four-page ruling Circuit Court Judge C.L. Rogers ruled that Ginger Franklin of Hendersonville, who was recovering from head injuries, was the victim of “egregious and intentional abuse” while she was confined at a Nashville facility run by Salim Homes.

In the ruling, Rogers concluded that Franklin suffered “mental anguish of grief and worry” when she was forced to provide care for other disabled adults and perform cleaning duties for the owners of the group home.

Franklin was placed in a conservatorship on Aug. 25, 2008, after she fell at her Nashville condominium and suffered a brain injury. She was placed in a conservatorship by Davidson Probate Judge David “Randy” Kennedy and then county Public Guardian Jeanan Stuart was named as her conservator.

Stuart, who has since been removed from the post, placed Franklin at Salim Homes at 509 Phipps Drive in Nashville after she was released from an Illinois rehabilitation facility. Franklin eventually was released from the conservatorship in December of 2010.

In the ruling issued earlier this week, Rogers concluded that Franklin and other disabled residents of Salim Homes “were used to clean business properties and provide care for disabled adults” and also to clean the personal residences of the group home’s owners.

“Plaintiff had no success in contacting her conservator,” Rogers wrote, adding that Franklin “had reasonable fear and worry she could be put out for not cooperating, saying ‘No’ or objecting, she would have no place to go.”

Rogers wrote that it was the duty of Salim Homes “to provide care for these disabled adults. It was not to work a mentally dysfunctional, disabled adult and use them as free labor.”

As the ruling noted, Franklin was being charged $850 a month while at the group home.

Full Article and Source:
Woman wins award against group home in conservatorship case

Judge Randy Kennedy Orders Jeanan Mills Stuart Reimburse Double Billing

More than a year after the Davidson County public guardian double-billed a ward to take her on a shopping trip to Dillards and Walgreens, the judge in the case has ordered a repayment.

The 6.5 hour trip on Jan. 16, 2012, still cost Marlene Spalding $1,462.50, but now she won’t have to pay twice.

The double-billing and the cost of the shopping trip were exposed by The Tennessean in a story about Davidson County’s public guardian, Jeanan Stuart, who charged legal rates of $200 to $225 an hour for non-legal services. The Tennessean also found several instances of double-billing.

Court records show 40 open cases assigned to Stuart have been handed over to new conservators.

Seven cases were turned over to the Greater Nashville Regional Council and six each were transferred to Fifty Forward and the Guardianship and Trusts Corporation. Both are nonprofits.

Townsend said some cases will also be assigned to the Michael Dunn Center, a nonprofit serving the developmentally disabled.

Sixteen cases were handed off to private attorneys with Adam Hill getting two and Travenia Holden getting four.

The court records show Stuart still must file final  accounting reports in the reassigned cases by a July 31 deadline.

Full Article and Source:
Judge Orders Repayment in Shopping Trip Double Billing

See Also:
Judge Randy Kennedy Removes Public Guardian Jeanan Mills Stuart

An Investigation into Conservatorship Abuse

Applause and standing ovation to Walter Roche Jr., the Investigative Editor/Reporter at The Tennesean, for his hard work, efforts, and his excellent ongoing expose of Davidson County Probate Court.

Victims of unlawful and abusive conservatorships who have suffered and been “protected” into indigence and silenced by an uncaring system, are being heard thanks to the sunshine of the media and the dedication of Mr. Roche and The Tennessean.

NASGA hopes Mr. Roche will receive many awards for his excellent and stellar series!


Judge Randy Kennedy – Davidson County’s only probate judge.

Source:
An Investigation into Conservatorship Abuse

Nashville Attorney John E. Clemmons Charged With Theft in Conservatorship Case

A Nashville attorney, whose license to practice law was recently suspended, has been charged with theft of more than $60,000 from a client.

John E. Clemmons, 65, was charged last week with theft from a retired teacher.

While serving as the conservator of the Rutherford County resident, Clemmons paid himself more than $50,000 in fees without court approval.

Paul Housch, Clemmons’ attorney, said his client already had entered a not guilty plea to the criminal charge. He declined to respond to the charge, stating that it would be addressed in court. An initial hearing is scheduled for June 7.

The charges were initially spelled out in an April order from the state Supreme Court which indefinitely suspended Clemmons’ license to practice law, concluding that allowing him to continue posed “a threat of substantial harm to the public.”

Chancellor Robert E. Corlew III on March 5 removed Clemmons as Russell Church’s conservator. Rutherford County Clerk and Master John A.W. Bratcher then referred the matter to District Attorney General Robert Whitesell, whose office brought the charges to a grand jury.

The indictment was unsealed last week.

Clemmons also is facing charges in a civil case brought by the daughter of a woman for whom Clemmons served as a conservator for more than four years. The suit charges that Clemmons misappropriated about $450,000 from the estate of Nannie P. Malone, who died last year.

The suit on behalf of Malone’s daughter, Teresa A. Lyle, charges that Clemmons breached his fiduciary duty and failed to properly account for thousands of dollars in proceeds when Malone’s property was auctioned. The insurance company that provided a bond for Clemmons under his services in the conservatorship has filed a cross claim against Clemmons for the value of the $300,000 bond.

Full Article and Source:
Nashville Attorney Faces Theft Charges in Conservatorship Case

See Also:
Tennessee Attorney John E. Clemmons, Court Appointed as Conservator, Sued for Breach of Fiduciary Duty, Conversion, and More

TN Governor, Bill Haslam Approves New Conservatorship Law

Gov. Bill Haslam has signed into law a measure making the first major revisions in more than a decade to the state law governing the process of placing state residents under the control of a court-appointed conservator.

The new statute, which will take effect July 1, was the product of a series of hearings held across the state by the Tennessee Bar Association. It sets out for the first time uniform procedures for placing a person in a conservatorship on an emergency basis.

“The intent of this law is to clarify the process, to make sure people aren’t being taken advantage of,” said Rep. Andrew Farmer, the House sponsor of the measure.

Under the new law, a person being placed in a conservatorship in an emergency situation must be informed of the proceedings within 48 hours and a hearing must be held within five days.

The judge also will be required to certify that absent the conservatorship, the person would be likely to suffer substantial harm.

Testimony at the bar association hearings last year, including a session in Nashville, showed the emergency process varied from courtroom to courtroom across the state. Several witnesses, including Jewell Tinnon of Nashville, said their rights and possessions had been taken away without notice or justification and they questioned the need for emergency action.

Tinnon’s story was told in a special report by the Tennessean last year. Her house, car, and all of her personal possessions were stripped away while she was in a conservatorship initiated by two relatives who she said she hadn’t seen in years. Tinnon now lives in public housing.

Under the new law, a judge will be required to specify exactly what rights are being taken away and what rights the ward will retain. The law mandates that the restrictions be as limited as possible.

Under a last-minute amendment, specific provisions were added to clarify the procedure for a health care provider to follow in placing a patient in a conservatorship on a temporary basis. The change was sought by hospitals.

Full Article and Source:
Haslam Approves New Conservatorhsip Law

Judge Randy Kennedy Removes Public Guardian, Jeanan Mills Stuart

Citing “significant concerns” that she charged excessive fees to her clients, Davidson County Probate Judge David Randy Kennedy Wednesday permanently suspended Public Guardian Jeanan Mills Stuart and vowed to help seek her replacement.

Stuart, who had held the job for five years, submitted a resignation letter effective in a week. Her letter was forwarded to members of Metro Council along with a letter from Kennedy announcing her termination.

In his five-paragraph letter to council, Kennedy wrote that while most conservatorship cases, including those assigned to Stuart “have been handled properly; even the perception that excessive fees have been charged is inexcusable.”

Stuart’s termination and simultaneous resignation follows a series of Tennessean stories raising questions about her billing practices.

Full Article and Source:
Judge Removes Public Guardian After She Charged Lawyer Fees for Non-Legal Work

See Also:
Tennessee Public Guardian Jeanan Mills Stuart’s Fees Exceed $1.8 Million

Editorial: Judge Should Let Public Guardian Go

We are glad to know that Davidson County Probate Judge David Randy Kennedy’s report to the Metro Council last month on the work of Public Guardian Jeanan Mills Stuart was only a preliminary finding.

That’s because there seems to be something missing from the report: that it’s time for a new Davidson County public guardian.

Kennedy still is reviewing Stuart’s active cases, but he told the council he had so far found no discrepancies. Perhaps he needs a better reading lamp.

Stuart has, for the past five years, been billing clients at the lawyer-fee rate of $200-$225 per hour for countless tasks that have nothing to do with legal expertise, often in six-minute increments, and sometimes multiple times in a day. Stuart says this is standard procedure. Billing for legal work in six-minute increments is; nonlegal, no, say legal experts. A review of Stuart’s bills since 2008 shows she charged her clients for six minutes 13,290 times, totaling more than $270,000 in fees. The tasks included such things as listening to a voice mail.

Experts have explained that lawyers typically have clerks or paralegals do these tasks — or, the lawyer bills for these tasks at a lower rate even if handling the voice mail themselves.

Is Judge Kennedy simply going to accept Stuart’s version of what is routine, in the face of all the accounts to the contrary?

Full Editorial and Source:
Judge Should Let Public Guardian Go

See Also:
Ginger Franklin’s Car Towed and Sold While in Conservator, Jeanan Mills Stuart’s, ‘Care’