Saturday, May 31, 2008

No Right to Counsel

Britney Spears is not yet fit to participate in court proceedings in her conservatorship case, her [court-appointed] lawyer told a Los Angeles Superior Court commissioner.

Ingham told the court that Spears' medical condition is "fluid" because her treatment is changing.

Samuel Ingham, Spears' [court-appointed] attorney, is also the attorney for the pop stars father and conservator, James Spears.
Source: Lawyer: Spears 'not yet fit' to take part in case

Spears' attorney Jon Eardley filed a batch of documents related to his appeal of the legality of Britney's conservatorship, including a declaration from a UCLA law professor that supports his theory that the 26-year-old pop star never received proper notice—as mandated by state law—that her father was seeking control of her estate.
Source: Expert Agrees Britney Case Not Quite Kosher

A California appeals court dismissed Eardleys' challenge to the order granting Spears’ father, James Spears, control over most of his daughter’s affairs.

Jon Eardley asked U.S. District Judge Philip Gutierrez to remove the conservatorship case from state to federal court. Gutierrez denied the request, saying Eardley is not really Spears’ attorney and lacks standing as a party.

“While he claims to be Ms. Spears’ attorney, the probate court … found that she was incapable of retaining her own counsel,” Gutierrez wrote.

"Spears’ court-appointed conservators, James Spears and attorney Andrew Wallet, are the only people allowed to hire her lawyers."
Source: Ruling – Appeals Court Nixes Challenge to Britney’s Conservatorship

See also:
Bad News for Britney

Less Rights than a Criminal


Anonymous said...

How would the judge and lawyer feel if they had all of their rights taken away without due process and then told "too bad, too sad, you can't have an attorney?"

This is injustice.

Anonymous said...

Does anyone have any idea how long before Britney Spears will be able to participate in court proceedings?

Or, an idea or guess at the date that she will, if ever, get her life back and gain her freedom from being a Ward of the State of California?

Could her Guardianship possibly continue until Ms. Spears is collecting Social Security and beyond?