Hours before releasing a combative order that approved the draining of an 88-year-old widow's life savings, a Maricopa County probate judge sent a draft copy of her ruling to the attorneys who stood to benefit – a violation of the judges' ethics code.
One of those attorneys responded to the March e-mail and even suggested several changes that were incorporated into Pro-Tem Judge Lindsay Ellis' 21-page ruling.
“I could not be happier,” attorney Brenda Church replied, upon getting the proposed order.
I guess not. Church's bill for $333,000 was among nearly $800,000 worth about to be approved by Ellis.
Three other attorneys – Lauren Garner and Jerome Elwell who were working for the Sun Valley Group, and Brian Theut, the old lady's guardian ad litem – also received Ellis' draft ruling. None of them reported Ellis to the Commission on Judicial Conduct or notified the attorneys representing Marie Long and her sisters of the improper “ex-parte” communication. Such contacts are a violation of the Arizona Code of Judicial Conduct.
Presiding Probate Judge Karen O'Connor, who last year twice rejected requests to disqualify Ellis from the case due to bias, has ordered a hearing into the matter, which came to light late last week.
Ellis and the lawyers in on the tête-à-tête couldn't be reached for comment Monday. The attorneys excluded from Ellis' sneak peek -- the ones advocating for the old lady -- were stunned that Ellis would be so blatant in her favoritism.
“The whole justice system is based on making sure there is no appearance of impropriety and it's a fair tribunal and a fair system,” said attorney Pat Gitre, who represents Marie's sisters. “Marie Long never had a fair tribunal and Marie Long never had a chance.”
What Marie Long did have, once upon a time before she entered probate court, was $1.3 million in assets. After a stroke in 2005, she fell under the protective eye of probate, a place where a cozy group of fiduciaries and attorneys are appointed to help vulnerable people but also manage to help themselves to a sizable pile of cash unless a judge stops it.
In Marie's case, no judge stopped it. Over the next four years, Sun Valley, which served as Marie's guardian, and the various probate attorneys collected $900,000 in guardian, care and legal fees until last year, when Marie was tapped out.
Full Article and Source:
Probate Judge Violates Ethics Code
See Also:
Guardian Balked at Aiding Marie Long
This crime is happening all over the country. The vulnerable are being exploited abused and neglected by Court Appointed Guardians, Guardian Ad Litem's, Conservators, Fiduciaries, Lawyers, etc.
ReplyDeleteThese Professional Theives can hide behind the Probate Courts.
Best you all pay attention... it could happen to you!!
My mother, Rita Denmark has Dementia. She is a resident and domicile of Pennsylvania and has been her entire life!!
In an attempt to avoid a Guardianship Hearing that was scheduled on the Pennsylvania Court Docket, my sister took mother by Commercial Bus to Florida. I immediately called the Florida Elder Abuse Hotline and was told that a complete investigation would be done. I had no reason to believe that, that was not true but, apparently it wasn't!
A Court Appointed Guardian Professional Guardian, Jetta Getty of Port Orange Florida was appointed to sort this out, alleging that she would get mother home as quickly as possible. Ms. Getty then put my sister on an airplane and sent her home because of course Ms. Getty knew they were both Pennsylvania residents.
Now almost three yrs. later, mother is still being held in Florida against her will as if she were a prisoner.
The Attorney's have collected about $100,000.00, the Facility where Jetta Getty keeps her wards also viewed as prisoners, has been paid in excess of another $100,000.00. Jetta Getty's friends and family have been paid 10's of 1,000's from Rita Denmarks estate! The list of mother's wasted & stolen assets goes on and on and on!!!
Ms. Getty requested my mother be prescribed medication under false pretenses, then allowed my mother to be administered unapproved, very dangerous anti-psychotic drugs. In fact this drug Zyprexa, has a Black Box Warning which states that it is not to be used with the Elderly with Dementia or Alzheimers. It causes mental decline and may cause sudden death. It can increase the death rate by 50%!!!
Do you think Jetta Getty would want it perscribed to her own mother??
I fear for my mother's life!!
I have personally contacted the Governor's Office in Florida, the Attorney General's office numerous times. I have called and forwarded documentation to the Dept. of Elder Affairs in Florida exposing the blant theft and lies by Ms. Getty. There is documentation of this same theft right in the Court Records but they still refuse to investigate and hold tight to my mother...
WHY you ask... The money being exploited from Rita Denmark's Pennsylvania Estate and then spent in the State of Florida is the ONLY possible explanation that I can think of.
My advise is... whatever you do, DO NOT let your loved one's go near the State of Florida, you may never see them again!!
Feel free to contact me if you have an opinion, advice or questions on this matter at hlpeffer@hotmail.com
Floride seems to be another hotbed of corruption when it comes to guardianship, but the problem is reaching epidemic proportions across the country.
ReplyDeleteOnly "people power" can stop it.
Thank you once again Laurie Roberts for another great article and sticking with the story!
ReplyDeleteJudge Lindsay Ellis should be impeached!
ReplyDeleteIs the judical conduct board looking at Judge Ellis, I hope?
ReplyDeleteI am so sorry, Holly. I hope and pray you get your Mother back!
ReplyDeleteHolly it is tragic what has happened to your mother. We must ask ourselves where are our Legislators in all of this. Today I was told they do not interfer with litigation. This is not litigation it is abuse of power and this is what happens when the Judicial branch of government gets greedy and corruption creeps in.
ReplyDeleteWe are supposed to have investigative arms but that is broken so the greed and corruption
takes over and the courts fail to function.
The arms that are supposed to be the watchdogs fail The Attorney General's offices, the prosecutors, the Federal Office of Civil Rights . if the courts illegally let doctors put medical information into the courts without a Supoena or court order good luck getting Hipaa to actually prosecute, Mrs. McAndrews in Washington DC allows investigators not to investigate valid claims, if drugs are used on victims of Guardianship abuse you can not get answers from the FDA - Dana Walters will not return emails or phone calls.
People who are not citizens of the United States are treated better than ill, disabled and elderly.
It's not our legislators responsibility to help their citizens. I am dumb founded.
I hope it's just the SEC investigators that were watching PORN. Maybe the FDA and the Office of Civil Rights are reading the comics and surfing the internet. It would be nice if they would prosecute those who are exploiting the ill, disabled and elderly.
Human beings medical information is supposed to be private and they are not supposed to be experiments and oh one last thing they should not be held hostage so people can steal their money in the courts.
That is not litigation that is breaking the law with the blessing of the United States of America's Congress and Senate and law enforcement.
Is it illegal for Judges in New Jersey to do this also. Illegal to allow the attorneys to write orders instead of the judge on what type of exams need to be done. Say a Neuro Exam if so Judge John Malone did one more illegal thing. He did not write the orders instead he had 3 attorneys run up $10,000 between 3 of them to put in a order for a Neuro Phy. exam which was not needed. $10,000 dollars. The judge was supposed to have his clerk write the order.
ReplyDeleteIt was the second exam because the judge did not have enough information. The judge did not ask the first doctor for clarifications because that would not fund the attorneys. The bizarre thing about the order the judge did not put down what he needed to know this time either.
Oh I forgot three attorneys wrote his order and so when it would of come back the judge would let the attorneys run up another $10,000 writing questions to the doctor.
It's not his money. I have an idea Judge Malone he should chip in and help the State of NJ with it's financial crisis and waive his pension. After all he has no problem giving away alleged incapacited person's savings.
The judge can give away his saving at $1000.00 an hour.
I have learned so much over the past few years. Senators and Congressmen and women want people to support them but when it comes to them asking that our laws are enforced they are influence peddling.
ReplyDeleteIt is sad that the public is supposed to advocate for themselves because our Congressmen and Women and Senators are not doing it for the American public.
I opened the news to find our polluted waterways will destroy our shrimp beds and put thousands more out of work, Americans will not be able to swim in once clean waters. I understand Corporate lobbying is legal and valid influence peddling.
Senator Menendez's association to a closed bank in Elizabeth was not influence peddling because Ray Lesniak was involved.
I am neither a democrat or a republican because I think the party system gives so many the excuse not to represent the people but rather large corporations. The same ones that have polluted our waterways, have corrupted our courts and our government by legalized influence peddling.
I believe you to be an extremely bright individual. I thank you for listening, but it would be great if our legislators would support the people, rather than the influence peddlers. I think that is why we are watching this country crumble. I would of been better off being able to play the immigration card or the minority card for being disabled in this county only allows no jobs and no dignity. Corruption our legislators are supposed to oppose but they just sit by and watch.
We better all ban together because with the exception of a few good and honest legislators we are on our own.
Guardianships are considered litigation and they pack up their bags and look the other way.
Vote for them though
Maybe Federal Law should take over to protect all elders from any kind of abuse. What about the Elder Justice Act???? Does anyone enforce anything, but pay out fund to States to enforce the law, and everyone pockets their share to justify the existence of elder protection laws, when they are brazenly violating the law while receiving federal funds.
ReplyDelete