Monday, April 6, 2009

Lawyer Appeals Judge's Demand

An attorney for John F. Pawloski, the lawyer accused by state regulators of misconduct in his role as guardian of disabled adults and administrator of deceased people's estates, has appealed a judge's demand he provide accounting for his use of money in three cases.

Van-Lear Eckert, Pawloski's attorney, cites his client's Fifth Amendment right to not incriminate himself in the cases.

On March 10, St. Clair County Associate Judge Stephen Rice gave Pawloski a month to file an accounting or be jailed. Rice said Pawloski has a duty, independent of his own rights, to provide the accounting.

Pawloski appealed Rice's decision to the Fifth District Appellate Court in Mount Vernon, and so the jail issue is now out of Rice's hands.

Full Article and Source:
Lawyer accused of misconduct in guardian case appeals judge's demand

See also:
Lawyer Given More Time

John Pawloski Case

7 comments:

Anonymous said...

Filing the accountings would incriminate Pawloski and are therefore against his 5th amendment rights?

Come on! If this flimsy excuse gets by, they might as well change the laws and stop requiring accountings to be filed at all!

Lori View said...

Haven't seen the appeal papers, BUT:

A judge has a duty to report criminal activity.

The judge cannot be prevented from such reporting if a perp claims
5th Am protection!

Wonder what the basis of the appeal could be, other than wasting time?

StandUp said...

Lawyers are apparently above the law?

Anonymous said...

Oh, the games lawyers play especially in guardianship cases.

Oh, how is it that they, lawyers in positions of guardiansh are allowed, enabled with court approval to twist the rules of the game to fit their strategy for their benefit and profit.

I think this is one of the most outrageous, bold tactics used for criminal activities, theft and embezzlement, that I have seen in a while.

Taking the 5th Amendment is a giant red flag, yes?

In a guardianship case related to ACCOUNTING?

Where is the INVENTORY?

I would expect this type of respponse from a hit man or bag man for the mob at trial or at a Senate Hearing for example: Joey "the sleeze bag" ________ (fill in the name of your favorite mobster).

Betty said...

If the judge lets this attorney get by with this, he then needs to be brought up on charges!

Anonymous said...

Let's hope the judge stands his ground.

At least three families have been waiting on the accountings. They have a right to them.

Anonymous said...

Pawloski should be forced to produce the accountings now, period.

If those accountings incriminate him, then he can appeal that.