3 Nursing Facility Patients Killed by 'Chemical Restraints'

California Attorney General Says Nursing Director Drugged Patients to Control Them.

What happened in a bucolic nursing home nestled in the California mountains starting in 2003 shocked investigators. When residents at the Kern Valley Nursing Home complained or annoyed nursing director Gwen Hughes, prosecutors say she chemically restrained them with powerful anti-psychotic drugs. Her methods were so severe, three residents died.

California Attorney General Jerry Brown says that Hughes ordered one patient drugged just for glaring at her, and another for throwing a carton of milk. Some residents were left drooling, dehydrated, and dangerously thin.

According to Brown, "In a couple cases, elderly people were actually held down, restrained against their will, and given excessive amounts of medicine to keep them quiet."

Even more shocking -- Hughes had been fired for over-drugging once before, from a nursing home in nearby Fresno, Calif. The administrator of that nursing home said they told her next employer only the dates she worked there, out of fear of lawsuits.

On Tuesday, three nursing home officials appeared at a hearing on charges of elder abuse at the Kern Valley facility from 2003 to 2007 -- Gwen Hughes, as well as administrator Pamela Ott and staff physician, Dr. Hoshang Pormir. The three defendants each face up to 11 years in prison, and all have pleaded not guilty. A preliminary hearing is set for March 9, 2010.

Additionally, a former pharmacist at the facility, Debbi Gayle Hayes, accepted a plea bargain on the condition that she testifies for the prosecution.

What happened in the rural California nursing home may be an extreme case, but experts say over-drugging is common nationwide, and the number of nursing home residents who are given these drugs is rising.

Full Article, Video, and Source:
Three Nursing Home Patients Killed by 'Chemical Restraints'

Jeffrey Gordon Butler Gets 90 Years

A San Juan Capistrano man convicted last year of bilking 124 elderly investors of more than $11 million in a Ponzi scheme was sentenced to 90 years and eight months in prison.

Jeffrey Gordon Butler, 51, was convicted in June of 694 felony counts of stealing from elderly investors through the illegal sale of unqualified securities and filing false tax returns.

The case is one of the largest elder-abuse cases ever prosecuted in the history of the Orange County District Attorney's Office.

The final sentence – handed down over a period of days by Superior Court Judge James A. Stotler – likely means that Butler will not live long enough to become eligible for parole.

Stotler later sentenced Butler's wife, Peggy Warmath Butler, 49, to one year in jail, to be served during seven years probation on her convictions of aiding another in the preparation of a false tax return and three counts of filing false tax returns. Stotler warned her that if she could be sent to prison later if she violates any conditions of probation.

The judge sentenced Jeffrey Butler to consecutive terms in prison on dozens of counts after he heard emotional victim-impact statements last month from victims who said they lost most of their retirement savings to a man they had trusted.

"I've never known a man who can look you straight in the eye and lie," victim Larry Schiel told the judge. "He didn't show any compassion for his victims or what they've been through."

Full Article and Source:
Man Gets 90 Years for Bilking Elderly Investors of $11 Million

See Also:
Jeffrey Gordon Butler Victims Give Impact Statements

Family Not Happy With Plea Bargain

A family dispute writ large has Eloise Russo looking at up to 10 years in prison.

Russo pleaded guilty Monday before Ottawa County Circuit Judge Calvin Bosman to a reduced charge of embezzling more than $20,000 from her elderly parents, Ada Sherwin and the late Thomas Sherwin. Russo said she used the money for a variety of activities, including gambling at casinos.

"I became Mom and Dad's guardian," Russo said of her mother, 83, and her father, who died in October at age 90. "I took some money from Mom and Dad."

Ottawa County Sheriff's Department investigators were able to document an alleged $107,500 embezzled around the fall of 2007 by Russo from the savings her father amassed as a coal miner.

But Russo paid back all but about $19,500, which was a factor in her favor, said Assistant Prosecutor Lee Fisher. The prosecution offered to drop the original charge of embezzlement of more than $100,000, a 20-year felony, in exchange for her pleading to the 10-year felony.

Because Russo, 53, has no criminal record, the minimum jail guidelines differed by only three months, Fisher said. For the charge of embezzling more than $100,000, she was looking at guidelines calling for zero to 12 months; for the charge she pled to, guidelines call for zero to nine months.

But some of the Sherwin relatives are not embracing the plea deal. Son-in-law Nick Unger said Russo should have been brought to trial on the original charge. He said his wife, Janet Unger, now is the guardian for her mother, who suffers from Alzheimer's disease. They believe Russo should have to pay triple damages and spend at least three years in prison, Nick Unger said.

Unger said he believes Russo took at least $166,000 from her parents and knew that what she was doing was wrong.

"We're not happy," he said of the plea deal. "I think they (prosecutors) took the easy road."

Full Article and Source:
Some Family Members Upset With Plea Bargain
For Woman Accused With Embezzling $107,500 From Parents

See Also:
Former Guardian Waives Hearing

Lokuta Vows to Continue to Fight

Attorneys for former Judge Ann H. Lokuta vowed Tuesday to fight on in their battle to return her to the Luzerne County bench, one day after a state discipline court narrowly refused to hear new testimony in her case.

A 4-3 majority on the state Court of Judicial Discipline rejected Lokuta's arguments that she deserves a new hearing because four witnesses who testified for the prosecution at her trial two years ago were subsequently implicated in a corruption scandal.

Read the Opinion

Full Article and Source:
Lokuta Moves Forward After Court's Split Ruling

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Court of Judicial Discipline Votes Against Lokuta

Court of Judicial Discipline Votes Against Lokuta

The state Court of Judicial Discipline has voted to uphold its decision to remove former Luzerne County Judge Ann Lokuta from the bench, according to one of her attorneys.

Attorney Ronald Santora said he was advised that a deeply divided court voted 4-3 Monday to uphold the sanction it imposed in December 2008. The ruling is a setback, Santora said, but he vowed it does not end the case as Lokuta will continue her appeal with the state Supreme Court.

“We are a long way from over,” Santora said when reached at home late Monday night. “We still think how the Judicial Conduct Board and how the (court of judicial discipline) handled this was an absolute travesty.”

Full Article and Source:
PA Panel Upholds Lokuta's Removal

See Also:
Procedural Issue in Lokuta Case

Disgraced Judge Reports to Federal Prison

Bobby DeLaughter, a former Mississippi prosecutor and judge whose legal conquests became the subject of books and a movie, reported to federal prison Monday for lying to the FBI in a judicial bribery investigation.

The next chapter of DeLaughter's life, as inmate No. 12930-042, marks a long fall from the height of his legal career in 1994 when he was a prosecutor who helped convict a civil rights-era assassin for the 30-year-old murder of NAACP leader Medgar Evers.

The 55-year-old DeLaughter reported to a federal prison camp in Pine Knot, Ky., before his 2 p.m. deadline, said Federal Bureau of Prisons spokeswoman Felicia Ponce.

The prison has a medium-security facility and minimum-security camp, though Ponce said she did not know how DeLaughter would be classified. All inmates in the federal system must work if they are physically able, with jobs ranging from cooks to groundskeepers, she said.

Prisoners make from 12 cents to 40 cents an hour depending on the job and their experience.

DeLaughter was sentenced to 18 months in November after pleading guilty to lying about secret conversations he had with a lawyer while presiding over a dispute between wealthy attorneys over legal fees. As part of a plea deal, prosecutors dropped conspiracy and mail fraud charges.

Full Article and Source:
Disgraced Miss. Judge Reports to Federal Prison

Nevada Supreme Court Revises Code of Judicial Conduct

The Nevada Supreme Court has approved a revised code of judicial conduct, providing the first major overhaul of instructions in 18 years on how judges should behave.

The regulations, which take effect Jan. 19, are the result of a study by a commission.

Judges will now have an obligation to report the misconduct of another judge or lawyer if he or she has information indicating a there is a “substantial likelihood” of a violation. The commission said the new rule “mandates that a judge take appropriate action when he or she believe that a judge or lawyer’s performance is impaired by drugs or alcohol or by a mental, emotional, or physical condition.”

The current rule requires a judge to report the misconduct only if he or she had knowledge of “known misconduct.”

There was disagreement between the court and its study commission on the issue of disqualification of a judge. The commission, headed by retired Chief Justice William Maupin, recommended the disqualification of a judge in the case if he or she received financial or electoral campaign support of $50,000 or more within six years from one of the parties or lawyers in the case.

The court did not adopt that recommendation.

In another area, the Supreme Court has ruled in the past that a judge has duty to stay on the case where there is a close call for disqualification.

The commission unanimously recommended that the Supreme Court scrap that “duty to sit” ruling.

Laura Fitzsimmons, a Las Vegas lawyer and member of the commission, said the court accepted all the recommendations except three. She said this “duty to sit” doctrine hurts the clients of an attorney who may have criticized a judge who doesn’t want to step aside in the case. Or it may hurt the clients if the attorney on the other side has been too close to the judge who won’t disqualify himself.

“Lawyers are afraid to criticize judges,” said Fitzsimmons, because “their clients are going to pay the price.” And judges have more power in this “duty to sit” system. She said the proposed new regulation would have eliminated the prior decisions of the Supreme Court.

Full Article and Source:
Supreme Court OK's Overhaul of Judicial Conduct Code

Judge's Absence Felt

Business in the 12th Judicial District is going on as usual despite the absence over the last four months of Judge Glenn Camerer, attorneys and judges said.

Camerer suffered a fall and possibly a stroke while in Kentucky over the Labor Day weekend. He suffered a brain injury in the fall and underwent emergency brain surgery.

Camerer, who was incapacitated as a result of his injuries, had been hospitalized at the University of Kentucky’s AB Chandler Medical Center until Oct. 1 when he was moved to a rehabilitative facility. There, he had been undergoing rehabilitative therapy for aphasia, a disorder caused by damage to the parts of the brain that control language.

Camerer has suffered difficulty speaking and reading and writing, according to records in a probate case filed on Camerer’s behalf shortly after his injury. In November, he was moved to a second rehabilitative hospital in Kentucky. His sister, Judy Grimm of Lincoln, was awarded temporary guardianship and a decision on permanent guardianship for Camerer is expected to be made during a court hearing in mid-January.

Decisions about Camerer’s seat on the bench are also expected to be made in January.

Full Article and Source:
County Court Cases Keep Going, but Judge's Absence Felt

Lack of Judicial Discipline in Tennessee

An investigation into how Tennessee judges are disciplined reveals less than 1 percent of complaints against judges over the past decade has led to public reprimand. In addition, most of the reprimands are done privately, even though most judges are elected officials.

Clint Brewer of the Tennessee Center for Policy Research used Tennessee's Open Records Act to obtain every formal complaint against a Tennessee judge in the past decade, and while there were nearly 3,000 complaints against Tennessee judges, those judges were only publicly reprimanded 23 times.

"It's probably a shock for the average person not only how infrequently actions are taken against judges but also how little of that information is open to the public," said Brewer. "You can't get the record on most of these cases. It's not open to the public."

Don Ash is the presiding judge of the Court of the Judiciary, the body that investigates complaints against judges. While the group publicly reprimanded judges 23 times, they privately reprimanded judges 100 times. But what they said, did and demanded are all secret.

"They're accountable to the voters, and their record should be open to the voters," said Brewer.

Tennessee has not impeached a judge in 50 years and hasn't removed a judge in 16 years.

Full Article, Video, and Source:
Investigation Reveals Lack of Judicial Discipline

PA Judicial Conduct Board Draws Heat

A state agency Wednesday escalated a clash over the confidentiality of misconduct complaints against two former Luzerne County judges, asking the state Supreme Court to block a state panel from questioning the agency and its witnesses about the complaints.

The agency, the state Judicial Conduct Board, received an anonymous complaint accusing former judges Mark A. Ciavarella Jr. and Michael T. Conahan of nepotism, cronyism and case-fixing, but kept it secret for nearly two years, until federal prosecutors requested a copy in June or July 2008, board member Edwin L. Klett told the panel earlier this month.

When pressed for detail, Klett and the board's chief counsel, Joseph A. Massa Jr., hid behind a constitutional stonewall - invoking a state mandate that keeps complaints under a veil of confidentiality until misconduct charges are filed. Specific answers, they said, would jeopardize the anonymity of the complainants and cast a shadow of suspicion on the accused judges.

The state panel, the Interbranch Commission on Juvenile Justice, has requested copies of board documents and repeatedly asked questions about board proceedings in which "no formal charges have been filed and where the subjects of the investigations have expressly preserved the right to confidentiality," Judicial Conduct Board attorney Paul H. Titus said in the filing.

Full Article and Source:
State Judicial Conduct Board Draws Heat

See Also:
"Kids-For-Cash" Judges Ask for Delay

Iowa in Need of Public Guardianship Program

For three decades, Iowa workers with mental retardation were paid pennies an hour, plus room and board, to work for Henry's Turkey Service. The men lived in a 106-year-old Atalissa bunkhouse, complete with boarded-up windows and space heaters for warmth. They were awakened at 2:30 a.m. to pluck feathers and pull guts from turkeys before returning to the cockroach-infested bunkhouse.

The entire situation was an embarrassment to Iowa. Equally embarrassing: The government didn't close the bunkhouse and relocate the men until after a Des Moines Register investigation publicly exposed the problems.

Instead, Iowa is one of only three states without a public guardianship program. And Iowa needs such a program. In the two years it was in existence, the office conducted training around the state on substitute decision making. It intervened in court cases involving Iowans who were exploited.

Murphy said the staff of two took "all kinds of questions" from Iowans who had family members with mental retardation or elderly parents with dementia or children diagnosed with autism.

"Now, there's no central point for people to go with those types of questions," she said.

Its closure moves Iowa in the wrong direction - particularly at this point in history.

Iowa ranks second in the nation in the percentage of residents over age 85 and at high risk for dementia, yet many have no nearby family members to help them make decisions. While Iowans with mental disabilities once lived in institutions, most now live in community-based settings, including boarding houses.

Full Article and Source:
Revive State Office to Help Vulnerable Iowans

See Also:
Accused of Exploiting Mentally Retarded Workers

Peggy Greer Still Hopeful About Recovering Funds

Peggy Greer's story helped bolster the rights of people living under court-appointed guardians in Minnesota, but her legal effort to regain her lost money has foundered.

In February, the Star Tribune reported how a professional guardian and conservator appointed by a judge had spent $672,808 of Greer's money over the objections of family members that the spending was excessive and unjustified. Greer won back the power to make decisions for herself in July 2007, but by then her assets were exhausted and the guardian and conservator no longer opposed their dismissal.

The story got the attention of the Minnesota Legislature, which passed a law that created a bill of rights for wards and protected persons, improved their ability to challenge decisions made on their behalf, and required guardians and conservators to register with the state courts starting in 2013. Greer also got the help of two attorneys who filed a lawsuit in Hennepin County District Court alleging that her former guardian and conservator failed to protect her assets or act in her best interest.

In November, Judge Marilyn Kaman threw out the heart of the lawsuit, accepting the arguments of Professional Fiduciary Inc. (PFI) and Wells Fargo that Greer should have filed her objections during her now-settled guardianship and conservatorship, which ended in 2007. The ruling also dismissed all claims against PFI attorney Ruth Ostrom. One claim remains alive, that the guardian improperly released private information about Greer before and after the Star Tribune article, and the earliest possible trial date would be the fall of 2010.

Full Article and Source:
Whistleblower Update, Part 2

See Also:
Greer Files Suit

NV: "House Calls" Help Seniors Stay at Home

Many seniors have no family or friends to turn to for help, and can't afford in home assistance. For more than a decade, House Calls has been helping the elderly in our community.

Director Shelly Egbert and her family noticed many older folks have difficulty remembering which medications to take and when to take them. Even simple tasks, such as locking doors and turning off stoves, may be forgotten. That's why she started House Calls, to provide daily reminders, assurance and care.

Shelly Egbert uses computerized and personal telephone messages, to serve the needs of many elderly clients, House Calls makes reminder calls, sends uplifting notes and prepares emergency kits funded through grants and donations, offering services free of charge to those who need it.

House Calls is designed for seniors struggling with memory loss who need assistance with daily tasks through friendly phone calls. The program also helps seniors combat loneliness and depression by sending cards on special occasions.

Seniors who depend on House Calls say, it's like having a guardian angel. The program serves about two hundred seniors in Northern Nevada. The cost is about $1,000 per person.

Right now, House Calls is meeting the need, but is down about 25% in funding. Director Shelly Egbert hopes the new year brings new funding to the organization. If you'd like to help, visit www.houscallsltd.org

Full Article, Video, and Source:
House Calls Help Seniors Stay in Their Homes

No Charges for PA Judge Willis W. Berry, Jr.

Philadelphia Common Pleas Court Judge Willis W. Berry Jr. -- suspended until Jan. 4 and owing $180,000 in a civil fraud verdict -- will not face criminal charges for operating a real estate business out of his chambers.

Accusing the Pennsylvania Court of Judicial Discipline of "passing the buck to prosecutors," District Attorney Lynne M. Abraham yesterday announced that she could not justify criminal charges when the court refused to remove Berry despite having "the evidence and the authority to do so."

Berry, 67, was suspended in July after the Court of Judicial Discipline found that he had violated judicial ethical rules by running a real estate business out of his chambers for more than a decade. The court could have removed Berry from the judgeship he has held since 1995.

The Philadelphia Bar Association called on Berry to resign, saying his presence on the bench undermined public confidence in the criminal-justice system.

Berry did not resign, and his lawyer, Samuel C. Stretton, has said the disciplinary ruling will be appealed.

Full Article and Source:
No Charges for Judge Who Ran Business From His Office

Judge Backs Lawsuit by Disabled Couple

A federal judge Monday prohibited the state and a local mental health management office from cutting services to two Wilson-area people with mental illness and developmental disabilities until they get a full hearing on their lawsuit seeking to continue independent living.

U.S. District Judge Terrence . Boyle said it's likely that two residents identified in the lawsuit as Marlo M., 39, and Durwood W., 49, would suffer irreparable harm if a local mental health office went through with a money-saving plan to move them from their apartments.

Their lawyers contend the two would end up in institutions, though a lawyer for the local mental health office disagreed with that conclusion.

State programs and funding should conform to the Americans with Disabilities Act, Boyle said. The federal law requires that public entities provide their services in "the most integrated setting appropriate" to the needs of people with disabilities.

Relatives of the two residents said they were relieved that any moves are on hold.

Full Article and Source:
Judge Backs Lawsuit by Disabled Pair for Independent Living

Documentary "Be Wise, Be Aware: Preventing Elder Financial Abuse" Airs Tonight

Elder Financial Protection Network (EFPN), an award winning non-profit organization, has teamed up with Bank of the West and NBC Bay Area to produce a special 30-minute TV documentary entitled: "Be Wise, Be Aware: Preventing Elder Financial Abuse." The program will air on NBC 11, Sunday, January 3 at 9:00 pm.

The half-hour program explores the many facets of elder financial abuse including fraud and scams by strangers and family members that target elders, and features the stories of victims and survivors of this rapidly growing crime.

"Elder financial abuse is a very serious issue in our community that can have devastating financial and emotional consequences for victims, who sometimes lose their lifesavings," said Joe Ford, Chief Security Officer at Bank of the West, which sponsored the documentary. "This documentary will raise awareness and educate all of us on how to protect ourselves and our loved ones from this crime."

Full Article and Source:
Elder Financial Protection Network Announces "Be Wise, Be Aware: Preventing Elder Financial Abuse"

Six Indictments in Scam Allegedly Targeting Nursing Home Residents

State officials recently arrested six people suspected in a scam that allegedly bilked Jackson nursing home residents out of more than $25,000.

The arrests include a former administrator and social worker at Belhaven Senior Care, where all of the victims lived, according to Attorney General Jim Hood.
Ponchie McCollough, the 36-year-old Belhaven Senior Care social worker, allegedly got residents and their families to write checks to her and others ranging from $400 to $2,500, according to the indictment.

"This is a good example of why it is so important to watch closely over your elderly loved ones," said Hood, whose office is investigating the case. "Get to know their caregivers, ask questions and check their finances regularly to make sure no one is stealing from them."

McCollough is charged with 19 counts of felony exploitation of a vulnerable adult and one count of conspiracy exploitation of a vulnerable adult.

Also indicted were:

•Former administrator Brad Burt, 35, of Brookhaven, charged with one count of felony exploitation of a vulnerable adult and 14 counts of accessory after the fact.

•Jessica McKinney, 21, of Jackson, charged with two counts of felony exploitation of a vulnerable adult and one conspiracy count.

•Madeline Floyd, 23, of Jackson, charged with one count of felony exploitation of a vulnerable adult and one conspiracy count.

Two employees with Natchez-based Trend Consultants, the company that owns Belhaven Senior Care, were also indicted. They are operations director Justin Johnson, 30, of Natchez, and billing specialist Tina Brewer, 43, of Vidalia, La. Both are charged with 14 felony counts of accessory after the fact in the exploitation of a vulnerable adult.

The indictment alleges the acts occurred from August 2008 to May 2009.

Full Article and Source:
Alleged Scam Targets Elderly Residents

"Legalized" Elder Abuse

The American legal system has established “guardianships” for the specific purpose of protecting vulnerable individuals–called “wards”–when a judge or judicial officer determines that the ward’s decisionmaking capability is so impaired that another person–the “guardian”—needs to be given the right to make these decisions. A guardianship is particularly appropriate for wards who are suffering from Alzheimer’s disease and related dementia, as well as advanced alcoholism and similar afflictions that render the person unable to care for his or her health and other needs. A “conservatorship,” twin to the guardianship, is set up to conserve the ward’s assets; the conservator acts as a custodian.

The legal obligations of the guardian and conservator. As defined above, these legal vehicles seem completely sensible and necessary. After all, people who are so incapacitated that their decisionmaking is unreliable obviously need professional assistance; left unprotected, their health and wealth are at risk. The law considers the connection between the guardian (or conservator) and the ward to be “fiduciary” in nature, a legal relationship of confidence or trust between two or more parties. Indeed, for legal purposes, a “fiduciary” duty requires the highest possible standard of care. It recognizes that the ward needs to have utmost confidence, reliance and trust in the guardian or conservator, whose aid or protection is essential. The fiduciary, therefore, is required to act at all times for the sole benefit and interests of the ward, with absolute loyalty to those interests.

The reality of guardianships and conservatorships. Unfortunately, vulnerable individuals are easy targets for the unscrupulous. Equally unfortunate is the fact that the legal system, having established these processes, frequently fails to supervise how they actually work.

Full Article and Source:
Legalized Elder Abuse: Guardianships and Conservatorships

State Workers Accused of Preying on Vulnerable Woman

Two women employed by the state to protect a vulnerable elderly woman instead preyed on her, stealing about $20,000 from her bank accounts while she was hospitalized for dementia.

Police said both women were adult protective investigators with the Florida Department of Children and Families. One went so far as to wait in 85-year-old Jane Janssen's Cocoanut Row apartment and pose as Janssen in case the banks called to verify transactions, according to arrest affidavits made public Wednesday.

This week, Palm Beach Police detective Nicholas Caristo week arrested Mindi Marie Berry, 33, her DCF supervisor, Greta Laverne Lambert, 41, and a third woman, an employee of an escort service who told police she was hired to cash stolen checks.

Police on Wednesday were getting a warrant to arrest a fourth woman in the alleged scheme, which came to light after Janssen's son, Christopher Janssen, complained last month, police said. Berry and Lambert were fired in November after DCF learned of the police investigation, an agency spokesman said.

Described in police records as the scheme's ``mastermind,'' Lambert worked for DCF for several years and had risen to the rank of supervisor.

Berry was taken into custody in November, soon after Christopher Janssen's complaint. After a month-long investigation, Caristo arrested Lambert and Alexis White, 19.

The women face charges of organizing a scheme to defraud, grand theft from an elderly person, credit card fraud and identity theft. Their attorneys couldn't be reached.

Full Article and Source:
Palm Beach Police Arrest 2 State Employees for Stealing From Patient

Convicted Judge Resigns Bench

Embattled Harris County Court-at-Law Judge Donald Jackson resigned a week after being sentenced to 30 days in jail for abusing his authority.

The veteran judge was convicted of misdemeanor official oppression this month after being accused of trying to solicit a relationship with 28-year-old Ariana Venegas, a defendant in his court charged in February with driving while intoxicated.

Jackson was sentenced to a month in jail and two years' probation but remains free as he appeals the decision. He was suspended by the State Commission on Judicial Conduct after a grand jury indicted him in August but still drew his $140,000 salary while the case was pending. His resignation is effective Thursday.

Because judges cannot hold outside employment, Jackson would have to resign to take another job. He holds specialization certifications in commercial real estate law and residential real estate law, according to state records.

Calls to the State Commission on Judicial Conduct were not answered.

Full Article, Video and Source:
Convicted Harris Co. Judge Resigns Bench

No More Salary for Luzerne County Judge Toole

The state Supreme Court dumped Luzerne County Judge Michael T. Toole from the public payroll a day after he pleaded guilty to corruption charges.

The high court issued a one-sentence order, terminating Judge Toole's $161,850 annual salary and health benefits.

Judge Toole, 49, had been on a paid suspension from judicial duties since the charges and his plea agreement were announced Dec. 2.

Under his plea agreement, he must resign from the bench within 10 days of the guilty plea. Judge Toole had yet to offer a letter of resignation as of the close of business Wednesday, according to the governor's press office.

Judge Toole's attorney, Frank Nocito, declined to comment on the ruling.

Judge Toole is the third county judge charged this year in a wide-ranging federal corruption probe that has led to charges against 23 people.

He faces a maximum penalty of 23 years in prison and a $350,000 fine on charges of fraud and filing a false tax return, but is more likely to receive 37 to 46 months under federal sentencing guidelines and his plea agreement.

A sentencing hearing is March 30.

Full Article and Source:
Supreme Court Ends Judge's Salary, Benefits

See Also:
Fmr. Luzerne Co. Judge Accepts Punishment

Next Hearing For Britney Will Be Jan. 14th

Los Angeles courtroom Commissioner Reva Goetz ordered the co-conservatorship of Britney Spears to continue, with her father, Jamie Spears, in control of her life.

Jamie will get $16,000 a month for his duties as conservator of Brit. Not a bad deal, but he does make her personal, financial and medical decisions 24/7/365.

In short, he works hard for the money.

Goetz also ordered the co-conservator of Britney, aptly-named lawyer Andrew Wallet, to be paid $174,569.10 for services rendered from July-November 2009.

The judge didn't specify how long the conservatorship will remain in place, but lawyers involved expect it to last somewhere between six months and a year.

The next court hearing in the Britney case is scheduled for January 14. Fees for Laura Wasser, the star's divorce/custody attorney, will be dealt with then.

Full Article and Source:
Britney Spears Conservatorship to Continue

See Also:
Britney Spears' Conservatorship Extended

Ruth Lilly Dies at 94

Ruth Lilly, a prolific philanthropist who was the last surviving great-grandchild of pharmaceutical magnate Eli Lilly, has died at age 94.

A family spokesman says Lilly died Wednesday in Indianapolis.

Over the course of her life, the Indianapolis native gave away much of her inheritance from the Eli Lilly & Co. fortune. Court documents showed in 2002 that Lilly had bequeathed nearly $500 million to charitable and arts-related groups.

That included an estimated $100 million to the influential literary magazine "Poetry," which had rejected Lilly's submissions for years. Lilly began writing poetry in the mid-1930's.

The magazine has published the works of poets William Butler Yeats and Dylan Thomas. Lilly's attorney said in 2002 she didn't take rejections from the publication personally.

Lilly also established two fellowships for graduate students in poetry and an endowed chair of poetry at Indiana University.

The Indianapolis Museum of Art is located on the site of Lilly's parents' estate, which she and her brother donated in 1966, along with a trust income to maintain it.

Lilly's wealth was valued at more than $1 billion in 2002. The family statement said she gave away "the vast bulk of her inheritance, largely to Indiana-based institutions."

Her financial dealings have been handled by a court-appointed guardian since 1981, when she was declared incompetent.

Lilly battled depression for most of her life but was helped greatly by Eli Lilly & Co.'s blockbuster antidepressant Prozac, which came on the market in 1988, The Indianapolis Star reported.

Full Article and Source:
Eli Lilly & Co. Heiress Ruth Lilly Dies at 94

See Also:
Investigative Series: Guarding the Guardians
Excerpt: The name "Lilly" evokes all kinds of images in Indianapolis. The international pharmaceutical company. And the endowment that helped build the city is the largest in the country.

But there's another Lilly story you probably don't know that has nothing to do with those well-known institutions. It's about Ruth Lilly, the sole surviving great-grandchild of the company founder - one of the world's richest women whose own philanthropy has left its mark. And it's about others controlling her fortune.

The Eyewitness News Investigators spent six months talking to sources and examining the extensive documents in Lilly's court-ordered guardianship. They found a story about questionable spending by her guardians, a story that reaches into the city's corridors of power - politicians, doctors, judges, a major bank, a prominent law firm.

The stories were reported by Amanda Rosseter and Jeremy Rogalski, photographed and edited by Bill Ditton, and produced by Kathleen Johnston and Gerry Lanosga. The series originally aired Nov. 23-25, 1998.

Two days after this report began airing, Probate Judge Charles Deiter appointed local attorney Greg Fehribach as guardian ad litem to independently review Ruth Lilly's guardianship. His 16-month review resulted in a public acknowledgement of lax oversight by the bank - and reductions in bank and legal fees totaling more than $600,000.

See Also:
Ruth Lilly's Niece and Nephew Become Her Guardians

Puppets Imitate Life

Several puppets play the role of judge, guardian, conservator and lawyer in a court hearing where a forced guardianship is occurring.



See also:
A Grandchild’s Fight

Pima County Guardianships

Poem by Sol Ehrlich

God, keep me working, keep me fit
At windows I don't want to sit
Watching my fellows hurrying by:
Let me stay busy 'til I die.

Grant me the strength, breath and will,
Some useful niche in life to fill,
A need to serve, a task to do:
Let me each morning arise anew.
Eager and glad that I can bear
My portion of the morning's care.

God, I don't want to sit about,
Broken and tired and all worn out.
Afraid of wind and rain and cold,
Let me stay busy when I am old.

Although I walk with slower pace,
Still let me meet life face to face.
This is my prayer as time goes by:
God keep me busy 'til I die.

Source:
Final Report of the Dade County Grand Jury, See page 21