Tuesday, August 4, 2015

Linda Kincaid Reports: Court-appointed attorneys violate civil rights, commit elder abuse

Disability rights group Disability and Guardianship Project filed litigation in federal court alleging that Los Angeles County courts have violated the civil rights of individuals under conservatorship. The Los Angeles Times reported:
The complaint alleges that the court system has failed to provide adequate training to attorneys in how to comply with the Americans with Disabilities Act, has failed to train the attorneys on how to effectively work with a client who has developmental disabilities, and lacks qualification and performance standards.
The court also places a conflict of interest on these attorneys, the complaint says. The court requires attorneys to advocate for the client while also assisting the court in resolving the matter, violating the client’s right to due process, the complaint says.
Coalition for Elder & Dependent Adult Rights (CEDAR) reported that court-appointed attorneys in a number of California counties violated the civil rights of the conservatees they were assigned to represent. In a conservatorship in San Bernardino County, the court-appointed attorney openly opposed the civil rights of the conservatee, and he advised abusers on strategy to isolate the conservatee from her loved ones.

CEDAR reported the civil rights violations to the San Bernardino County Superior Court. On November 12, 2014, San Bernardino County Deputy Court Executive Officer Debra K. Meyers wrote:
The Court would refer you to the State Bar of California, which is the state agency that licenses and regulates attorneys in the practice of law and is solely responsible for the investigation and resolution of complaints about the professional conduct of attorneys.
On March 24, 2015, San Bernardino County Presiding Judge Marsha G. Slough followed with a letter stating:
Please be advised that any concerns regarding a lawyer’s conduct should be referred to the California Bar Association for investigation, not the court.
The California Bar Association referred the matter back to the court. Court-appointed attorneys in San Bernardino County continue to operate without supervision or oversight.

Full Article & Source:
Court-appointed attorneys violate civil rights, commit elder abuse

1 comment:

StandUp said...

Linda is a great advocate and California is lucky to have her!