Monday, February 7, 2011

Attorney's Grievance Histories Now Public in Connecticut

Maybe that one blemish on an otherwise lengthy, impeccable career had gone unnoticed up to this point. But when the new year began, that all changed.

Now, lawyers in Connecticut may want to try even harder to be on their best behavior.

That's because the state Judicial Branch website now lists the juris histories of every lawyer admitted to the Connecticut bar. That history includes an attorney's disciplinary record, if there is one.

Before, the web site simply said whether a lawyer licensed in Connecticut was active, suspended or retired.

"The primary purpose is to serve the general public so they can see if a lawyer has been disciplined," said Michael P. Bowler, statewide bar counsel. "The public can call us and get this information anyway but now we're putting it in a more user-friendly format."

Full Article and Source:
Conn. Judicial Branch Website Now Lists Attorneys' Grievance Histories

Connecticut Judicial Branch Website

Judge Accused of Fraud Returns to Work

A judge accused of fraud is back at work.

Oklahoma County District Judge Tammy Bass-LeSure, 43, was going to take an extended leave of absence. She returned to the courthouse Thursday morning instead.

“I'm doing what the citizens elected me to do, and I will continue to do so. I will continue to fight to clear my name and to work hard,” she said from her desk in her chambers.

She declined to discuss her defense, saying she was prohibited by canons that control judicial conduct.

The judge is accused in the fraud case of secretly giving away twins placed in her care. She is accused of giving the children to her bailiff's sister, Ravonda Latrice Edwards, of Oklahoma City.

The judge also is accused of misusing some of the state funds paid to her for the care of the boy and girl. Prosecutors allege she spent some of the money at nail salons, spas and casinos.

She was charged Jan. 21 with 30 counts of making a fraudulent claim against the state and two counts of perjury.

Full Article and Source:
Accused Oklahoma County Judge Back at Work

See Also:
Judge Accused of Fraud Goes on Paid Leave

Retired Probate Judge Helped Many in Need

Congratulations to Probate Judge Linda Salafia on her well-deserved retirement. I commend and am grateful to her for the professionalism and integrity she brought to the Norwich Probate Court.

In my dealings with her, both on a professional and personal basis, she always was understanding, compassionate, patient and helpful. Those traits permeated the court and were emulated by her staff.

Generally, when one seeks the help of probate it is at a difficult and emotional time. Also, most people do not have any experience in probate procedures and requirements, so one approaches the court with some trepidation. The Norwich Probate Court's staff always made one feel at ease. They did not act bureaucratic and officious. They never lauded their power and authority over people. They were patient, kind and willing to take the time to explain and guide people through the required procedures. They made difficult situations less painful for countless individuals and families.

Judge Salafia can begin retirement with a great deal of pride in knowing that she did her job well and that the people of Norwich appreciate and are grateful for all she and her staff did to make their lives less stressful and more tolerable.
Relax and enjoy your grandchildren, your honor.

Source:
Retired Probate Judge Helped Many in Need

Sunday, February 6, 2011

Son Fights to Bury Mother

Timothy Adkins wants nothing more than to lay his mother to rest. However, he cannot get to the body. He says he was betrayed by a long time family employee.

Adkins says after his father died in 2007, he relocated from Lynchburg to be care for his ailing mother. That's when he realized the employee had obtained power of attorney. He worked to get it revoked.

"The power of attorney was not even my mother," Adkins said. "It said Priscilla Adkins. My mother is Cilla, not Priscilla."

Cilla Adkins died last week after a long battle with kidney failure and dementia. When her only son was making funeral arrangements, he discovered she was removed from the hospital and taken to Mason Funeral Home on Good Hope Road in Southeast.

A spokesperson from Virginia Hospital Center told 9NEWS NOW a notarized will and proper release authorization were presented: "We followed the policy explicitly."

However, Adkins believes the will was falsified and is fighting to get custody of his mother's body. He lost his battle in court Thursday. Now, he is hoping to find a lawyer to continue his fight to get his mother back.

Full Article, Video, and Source:
Son Fights to Bury Mother

Florida Attorney Gets 4 Years for Bilking Trusts

A disbarred Venice attorney went to prison Wednesday in connection with $1.3 million missing from trust accounts, including nearly $1 million stolen from a Holocaust survivor.

Raymond Miller, 67, entered a plea of no contest to a charge he stole $941,256 from the trust of Beila Millet, who survived medical experiments in a Nazi concentration camp. As part of the plea agreement, Miller will spend four years in prison and then be on probation until he pays back the money.

Millet had left the money to Israeli hospitals, schools and veterans' groups when she died at age 93 in 2006. Miller disbursed about $122,000 within months, but more than 50 beneficiaries never received their money, which was now gone.

Miller was arrested in May along with his office manager, Kathryn Kelley, who then gave prosecutors information about the money in exchange for immunity from prosecution.

Full Article and Source:
Venice Attorney Four Years for Bilking Trusts

See Also:
Disbarred Atty, Former Office Manager Arrested and Charged

Florida Medicaid Recipients Jailed in State's Nursing Homes


I’m mad about the way our elderly population—our parents, senior relatives, other loved ones and friends—are being shoved aside, tormented, victimized and abused. Why, you may ask, are we so angry about how our seniors are treated? Here’s just one example: The plight of defenseless seniors committed to nursing homes.

You’ve probably never heard of Charles Todd “Bud” Lee, although he was an award-winning photojournalist whose work has been published in Life magazine, Esquire, The New York Times Magazine and even Rolling Stone. Bud’s photo of a bleeding 12-year old boy in Newark, New Jersey, who’d been caught in the crossfire of a police shooting, graced the cover of Life in July, 1967.

Almost exactly 16 years later, however, Bud suffered a stroke that left him semi-paralyzed and landed him in a Florida nursing home.

It turns out that Florida law requires nursing home care for Medicaid recipients, rather than allowing them to live wherever they choose. Again: Medicaid recipients in Florida have to live in nursing homes—not in their own homes, for example, or in senior apartments, or even in assisted-living facilities.

Bud is still living in the Community Care Center in Plant City, Florida, an involuntary resident, and he’s really angry.

Full Editorial and Source:
Florida Medicaid Recipients Jailed in State's Nursing Homes

Saturday, February 5, 2011

Al Barnes' Care Taken Away from Wife

A court ruling Friday has taken medical decision-making authority away from the wife of 85-year-old Al Barnes, calling her "deceiving" and rebutting her claims that his severe dementia and other conditions are reversible.

While noting that Lana Barnes is "adamant and sincere" in her belief that her husband can recover, the ruling found no evidence to support her claim that he suffers from a reversible Lyme disease infection.

"He is dying, slowly and painfully," the ruling stated. "The evidence before the court establishes that no amount of medical care and treatment is going to change that."

Alternate Decision Makers, a private Minneapolis firm, will remain as emergency guardian for Barnes, at least until a March 3 hearing when a permanent guardian is elected.

Full Article and Source:
Ill Man's Care Taken Away From Wife

Read the Court Order

Shocking Surprise in Al Barnes Case



Lana Barnes entered Hennepin County Probate Court Wednesday morning determined to win aggressive care for her frail husband and remain his medical decision-maker.

Instead, Barnes possibly could face lawsuits and criminal charges after making a startling admission on the witness stand: She altered a legal document governing her ailing husband's care.

Lana Barnes testified that as guardian for her husband, Al, she felt justified in eliminating two pages of his 1993 health care directive, including passages in which he said he didn't want to be kept alive by machines.

When she admitted her 85-year-old husband to Methodist Hospital in December she provided only a page identifying her as guardian.

In several hearings over the past 10 days, Methodist has sought to remove her from that role, contending that Al is too sick to recover and that her insistence on aggressive care is incorrect and reckless.

Her admission brought a sudden halt to the proceedings, as Referee Dean Maus, Lana Barnes and the attorneys went into a closed-door meeting.

Maus later advised her to hire a lawyer. "This is a very serious matter," Maus said. "You should be careful about what you should say."

The missing two pages of Al Barnes' directive contradicted his wife's insistence that he wanted life-sustaining care. Instead, it indicated that Barnes didn't want to be sustained by respirators or feeding tubes -- devices to which he is currently connected.

"If ... there is no reasonable expectation of my recovery from extensive physical and mental disability, I direct that I be allowed to die and not be kept alive by medications, artificial means or 'heroic measures,' " the directive stated.
Lana Barnes later said her husband had changed his views.

"Al did tell me he wants to live," she said. "He said, 'If there's any chance at all, I want it.' "

No legal action was immediately taken against Lana Barnes or on the petition to replace her as guardian. Maus said he would review evidence and select an emergency guardian soon. A March 3 hearing will name a permanent guardian.

Full Article and Source:
Wife's Surprise Shakes Barnes Case

See Also:
Doctor Vs. Patient's Wife

Assisted Living Facility Worker Accused of Exploitation

A woman accused of unlawfully obtaining nearly $16,000 from a 91-year-old woman for whom she cared at a local assisted living facility was arrested and charged with exploitation of an elderly/disabled adult, according to Ocala police.

Regina Ann Weitlauf, 43, was taken into custody at her Southeast Ocala home. She was booked into the Marion County Jail and released Monday night after posting a $5,000 bond.

Weitlauf told the Star-Banner that she looked after the woman and would cash checks on her behalf, with the money always going to the woman.

When asked about the $15,698 officials say she did not turn over to the woman, Weitlauf declined to comment other than to say “I’m innocent” and to note that she has an attorney.

Full Article and Source:
ALF Worker Accused of Exploiting 91-Year-Old

Friday, February 4, 2011

Wisconsin: Convicted Attorneys Are Still Practicing

Some even have kept their licenses while serving time for their crimes

At least 135 attorneys with criminal convictions are practicing law today in Wisconsin - including some who kept their licenses while serving time and others who got them back before they were off probation, a Journal Sentinel investigation has found.

The roster includes lawyers with felony or misdemeanor convictions for fraud, theft, battery and repeat drunken driving, as well as offenses involving political corruption, drugs and sex. A child-sex offender got probation for his crime but never lost his law license. A politician convicted in a check-kiting scheme was reprimanded but also kept his license.

Another 70 lawyers were charged with crimes but succeeded in having the charges reduced or avoided conviction by completing a deferred prosecution plan. All were given the green light to practice law.

The newspaper's review, which ran nearly 24,000 Wisconsin lawyers against state and federal court records, found that lawyers who are convicted of crimes are then subjected to a slow-moving disciplinary system that operates largely behind closed doors.

Wisconsin appears to be comparatively lenient in dealing with lawbreaking lawyers.

Full Article and Source:
Convicted Attorneys Are Still Practicing

See Also:
A Dozen Lawyers Who Broke the Law

Woman Gets Probation After Stealing Over $330K

Reno artist Peggy Viola Six, 64, befriended a woman 18 years ago while they were neighbors at a local trailer park.

Six, who described 88-year-old Gayle Savage as a mother figure, helped her buy a home and a vehicle after Savage received a large inheritance in 2004. But once Savage developed dementia in July 2008, Six’s greed “reared it’s ugly head and she took advantage of Gayle Savage,” said Chief Deputy District Attorney Karl Hall. As a result, Savage is in a state-run nursing home in Carson City instead of being able to afford home health-care and own pets, he said.

In less than one year, Six and Reno real estate broker Robin Benjamin, 65, stole more than $330,000 from Savage’s bank accounts and unlawfully sold her Southeast Reno home. Six gambled more than $500 a day with Savage’s money, purchased a motor home for her personal travel, and used the rest to invest in her artistry business and other ventures suggested by Benjamin.

Washoe District Judge Janet Berry sentenced Six to probation for her guilty plea of elderly exploitation. Six was facing a term of four to 10 years, which the state parole and probation division recommended. But Berry said prison would not help Six pay back $337,166.58 in restitution for the money she stole. The exploitation increased after Six obtained power of attorney over Savage while she was hospitalized, Hall said.

Washoe County Public Guardian Case manager Pamela Johnston told Berry that the exploitation caused Savage to become a ward of the state, and the money recouped for her will run out next year. That’s when taxpayers begin footing the $8,000 monthly fee for her care through Medicaid.

Full Article and Source:
Reno Woman Gets Probtion in Elderly Exploitation Case After Stealing More Than $330,000

Thursday, February 3, 2011

NY Life Insurance Agents Sued for Elderly Financial Abuse

What would you do with 20 life insurance policies? Would you even buy 20 life insurance polices? Probably not, that is, if you knew what you were doing. Mary Mullen, an institutionalized senior—in her 80s—with Alzheimer’s disease, did not know what she was doing and so relied on salesmen from New York Life Insurance to take care of her. Instead, they took care of themselves. Those 20 life insurance policies– by the way—cost $600,000—and involved a number of elaborate schemes including an arranged marriage. New York Life, for their part, apparently refuses to investigate the suspicious policies, for which “the primary motivation” was “commissions and premiums.”

The whole sorry saga, which is now the subject of a lawsuit, began in 1994, when, according to Rebecca McFarland, trustee of the Mary Mullen Revocable Trust, one John Palmateer approached Mullen representing himself as an expert in insurance and financial matters. McFarland claims he gained Mary Mullen’s trust by visiting her occasionally, sometimes at the hospital. Of course, most people at this point would ask—’what about her family?’ Well, Mary Mullen had family, but they all lived out of state. Palmateer is accused of keeping the truth about Mullen’s deteriorating health from her family.

Full Article and Source:
NY Life Insurance Agents Sued for Elder Financial Abuse

"T.S. Radio" Begins Weekly Series on Guardian Abuse

Join us Tuesday evenings at 8:CST to discuss the growing issue of Guardianship Abuse.

People across the country have had to face the unethical and immoral appointment of total strangers as guardians over their family members life, assets and medical treatment. These individuals have no connection to the patient and in most cases, no concern for their ongoing health and treatment. Guardianship amounts to giving another person ownership of another. The law is used to steal money, assets and anything else of value from the vulnerable client. Once the assets are depleted...the patient no longer has any value to the guardian. What happens then?

In the debut show, Sara Harvey updated Marti and Barb on her battle to save her husband.

Source:
The Truth Squad: Episode Notes

Note: The Truth Squad series on guardian abuse will air every Tuesday night at:

6:00 pm PST
8:00 pm CST
9:00 pm EST

Canons Uphold Dignity of the Bench

One was accused of going after a kid with a baseball bat. Another solicited young prostitutes. One directed business to a mediator in exchange for a discount on his own divorce.

All were judges punished by the Minnesota Supreme Court based on recommendations from the state Board on Judicial Standards. The board, which on average takes action against one judge a year, lately appears to be ahead of that pace.

Two Hennepin County District judges recently rejected proposed punishments and took their cases to hearings before three-member fact-finding panels.

Judges Patricia Kerr Karasov and Jack Nordby are expected to wait weeks before learning of their punishments, if any. Karasov is accused of living outside her district and lying to cover it up. Nordby is accused of making intemperate remarks during a hearing. Both have denied the allegations.

When prosecuting lawyer Doug Kelley made opening comments in the Karasov hearing, he said judges need to be held to a higher standard than most people, including lawyers. He said Karasov deserved discipline in part for her defiance during the investigation.

Those who wear the black robes must adhere to a code requiring them to "maintain the dignity of judicial office at all times and avoid both impropriety and the appearance of impropriety in their professional and personal lives." They must "aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence."

The Supreme Court's former Chief Judge Eric Magnuson said in an interview, "You have to be a better citizen. If you want the title of judge, you have to shoulder the responsibility."

Canons and rules

The conduct code includes four canons that say judges shall:

• Uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

• Perform the duties of judicial office impartially, competently, and diligently.

• Conduct personal and extra-judicial activities to minimize the risk of conflict with the obligations of judicial office.

• Not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

Each canon has a list of rules, sometimes dozens. Rule 2.8 reads: "A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct." Rule 3.6 reads: "A judge shall not knowingly hold membership in an organization that practices unlawful discrimination."

David Paull, executive secretary of the board, said most of the state's 500 judges and judicial officers have no trouble following the rules. But the board gets about 1,600 letters and calls a year alleging misconduct. Of those, about 120 are formally investigated, and action is proposed in about 20 cases. Action can range from private censure to public censure, suspension or removal.

Full Article and Source:
Canons Uphold Dignity of the Bench

Wednesday, February 2, 2011

Charlie Sheen's Family Discusses Conservatorship

Charlie Sheen's family are considering applying for conservatorship of his estate after his most recent alcohol and cocaine binge landed him in hospital.

Although the 'Two and a Half Men' star has decided to put together a team of professionals to help him overcome his substance abuse problems, his father Martin Sheen and mother Janet Templeton are so worried about his behaviour they may apply for control of his personal affairs and vast estate.

A source told RadarOnline.com: "Charlie looks awful ... he is very, very depressed and feels like the world is going against him. Charlie's parents are discussing getting a conservatorship order.

"Martin and Janet know that it's highly unlikely their petition would be granted, but they are trying to do whatever possible to save Charlie's life."

Full Article and Source:
Charlie Sheen's Family Discusses Conservatorship

Judge Asks for Charges Against Her to be Dismissed

A judge indicted in the Cuyahoga County corruption investigation was in an Akron federal courtroom, asking that charges against her be dismissed.

Judge Bridget McCafferty’s lawyers entered several motions. Two were to dismiss charges and two to suppress evidence. The judge will rule on those motions at a later date.

McCafferty is charged with allegedly lying to the FBI about conversations she had with former commissioner Jimmy Dimora and former auditor Frank Russo concerning cases in her court. In exchange, she is accused of receiving campaign contributions. McCafferty denies those allegations.

McCafferty was indicted at the same time as fellow judge Steven Terry, who has been charges with conspiracy to commit mail fraud.

Source:
Cuhahoga County Judge Asks for Charges to be Dismissed

See Also:
Ohio: Two Corruption Defendents Ask for New Lawyers

Judge Accused of Fraud Goes on Paid Leave

An Oklahoma County judge accused of fraud has decided to take an extended leave of absence from the courthouse.

District Judge Tammy Bass-LeSure, 43, was charged last week with 30 counts of making a fraudulent claim against the state and two counts of perjury.

Her husband, Karlos Antonio LeSure, 46, was charged with two counts of making a fraudulent claim against the state and two counts of perjury.

Bass-LeSure took off this week at the request of Oklahoma County’s presiding judge. She now has decided to stay away longer while she fights the felony charge against her, multiple sources told The Oklahoman.

The case could take as much as a year or two to come to trial, if it goes that far. The judge for now will continue to be paid. Her salary is more than $120,000 a year.

Her attorney, Richard Anderson, said Thursday the judge’s decision was made out of respect for and to show dignity to her judicial office.

Full Article and Source:
Oaklahoma County District Judge Accused of Fraud to Stay on Paid Leave

See Also:
District Judge Charged With Fraud, Perjury

Tuesday, February 1, 2011

Al Katz, Part Four: The Final Legal Solution

This column will establish a pattern of elder abuse and give you an understanding of how a state like Florida and its guardianship system can keep a family at bay while making life-and-death decisions of questionable legal authority.

Beverly Newman in late October 2009 had to hire an attorney, as required by Florida law, to represent her in her highly-contested court fight to obtain guardianship from the State of Florida of Al Katz, her father.

According to Beverly, who had court-ordered visitation rights, her father was begging daily to return home from the nursing facility, which he hated. He appeared broken-hearted, and Beverly noted signs that he was being neglected to the point that he developed pitting edema of the lower extremities and cellulitis, for which he was hospitalized. In December 2008, Beverly had filed a petition in Indiana to care for her Father as his guardian. Until September 2009, no one else ever filed a petition to care for Mr. Katz as his guardian.

However, Beverly’s request to be her father’s guardian was opposed by Ms. Jackie Steuerwald, Al’s nurse. It should be noted that on September 10, 2008, Jackie Steuerwald took Mr. Katz, suffering from dementia, to his attorney in Indianapolis to have Mr. Katz’s will and advance directives changed.

In September 2009, with the assistance of Jackie Steuerwald, the Florida public guardian put Al into the lockdown unit in the basement of a metropolitan hospital, under a no-contact order from family and friends, for three weeks. From this confinement and isolation from his family, Al had constant flashbacks to the Holocaust and wandered the halls night and day until he was released.

The Florida court on November 23, 2009, appointed Beverly Newman as Guardian of the Person of Al Katz, but not of his property. The court granted restricted health care powers to Jackie Steuerwald and gave guardianship of the property to a professional guardian. Beverly discontinued all narcotics and psychotropics administered to her Father, and he began to regain his strength.

After weeks in the hospital, being put into hospice against his advance directives, Al Katz was taken home by Beverly and Larry, the son-in-law, who cared for him around the clock. Al’s condition gradually began to improve, while he was surrounded by his loving family.

Full Article and Source:
Al Katz: The Story of a Holocaust Survivor - part 4

See Also:
Al Katz: The Story of a Holocaust Survivor

Al Katz: Part Two: Road to Perdition

Al Katz: Part Three: There's No Room for Common Sense in the Eyes of Government Regulation

NASGA - Al Katz: Indiana/Florida Victim

Judge Pleads Not Guilty in Fraud Case

An Oklahoma County judge who has sentenced hundreds of criminals saw the justice system from the other side [1/24/11].

District Judge Tammy Bass-LeSure, 43, and husband Karlos Antonio LeSure, 46, surrendered at the Oklahoma County jail in a felony fraud case so they would not be arrested. There, they were fingerprinted and photographed.

The judge smiled broadly for her mug shot.

They then went to the courthouse for a quick arraignment. Special Judge Russell Hall entered not guilty pleas on their behalf. They remain free on personal recognizance bonds. A conference in the case was set for March 31.

Prosecutors allege the judge and her husband secretly gave away twins placed in their care. They allege the judge spent on herself some of the $22,000 in state funds paid to her for the children’s care.

Full Article and Source:
Oklahoma County Judge Pleads Not Guilty in Fraud Case