Discipline Action Goes to Ohio Supreme Court

The Ohio Supreme Court's disciplinary review board has recommended Cuyahoga County Common Pleas Judge Daniel Gaul be suspended from practicing law and, in effect, removed from the bench for one year for violating judicial codes.

But the court's Board of Commissioners on Grievances and Discipline also recommend the yearlong suspension be stayed, which would allow Gaul to continue working. His case now goes before the full Supreme Court, which will later determine whether to accept the board's recommendation or come up with a sanction, if any, of its own.

Gaul is being penalized for threatening to jail a defendant in an assault case if the 83-year-old victim did not show up to testify in a 2007 case. Gaul had feared that the elderly victim, Emma Ingram, had been intimidated to not appear in court to testify against her attackers.

The disciplinary board, however, said Gaul's threat violated the state's Code of Judicial Conduct and Rules of Professional Conduct. In particular, the board said Gaul violated canons that require judges to promote public confidence in the judicial system and requires them to be unbiased and not make public comments that might impact the fairness of a case.

Gaul, who did not deny threatening to jail the defendant, Jeffrey Robinson, has said that he was acting in the best interest of the public and the justice system by attempting to prevent witness intimidation. He also alleged that he was being tried by the board because of a personal vendetta against him by the Supreme Court's disciplinary counsel, Jonathan Coughlan. Coughlan denied the accusation.

Full Article and Source:
Disciplinary Board Recommends One-Year Suspension for Cleveland Judge, but Penalty Would be Stayed

See Also:
Before the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio

Cuyahoga County Common Pleas Judge Daniel Gaul Faces Disciplinary Hearing for Threatening Defendant With Jail After Witness Went Missing

"The Savvy Senior"

DID YOU KNOW THAT IN THE UNITED STATES TODAY, SOMEONE TURNS 50 every seven seconds, and over the next 25 years, the senior population in America (age 65 and older) will double from 35 million to over 70 million?

Source:
www.SavvySenior.org

Charged With Theft From Vulnerable Adult

A Red Wing woman accused of bilking a vulnerable adult out of more than $1,800 made her first court appearance.

Tara Christianson, 34, was charged in October with felony theft and exploitation of a vulnerable adult, also a felony.

According to a criminal complaint, Lutheran Social Services officials began investigating Christianson in February 2008 after a $500 church donation was flagged. Christianson had been assigned by LSS to help with the 50-year-old man's finances.

LSS turned the case over to a Department of Human Services investigator, who later referred the case to police after determining financial exploitation had occurred.

If convicted, Christianson faces a maximum penalty of 10 years in prison and $20,000 in fines.

Full Article and Source:
Red Wing Woman Charged With Theft From Vulnerable Adult

Michelle Cohen "Should Handle Her Own Affairs"

A probate judge in Denton County has ruled that a mentally ill woman, whose trust has dwindled from half a million dollars to about $50,000, should handle her own affairs.

Judge Don Windle announced his decision Tuesday after a daylong hearing to determine whether Michelle Cohen required a guardian for herself and her finances.

American National Bank, which oversees the Henrietta Neufeld Cohen Trust on behalf of Cohen, filed for a limited permanent guardianship of Cohen and the estate last June. The bank took on the role of trustee in 2008 from Wachovia. At the transfer, there was about $135,000 left in the trust.

After this week's hearing, there is unlikely to be much left in the trust.

Probate attorney Jack Wilburn testified that he expects the trust to be "zero or close to zero when everything is said and done."

In dismissing the case, Judge Windle said that there was little point in ordering restrictions when there was little of Cohen's money left to restrict.

He said he would leave it to Cohen to pursue attorneys to investigate whether any of the prior trustees breached their fiduciary duty during their oversight of the trust.

Full Article and Source:
Dallas Woman Left in Control of Trust After Bank Sought Guardianship

See Also:
Bank Files Guardianship

Denied

A federal judge Tuesday rejected an attempt by two former Luzerne County judges to indefinitely delay a series of civil lawsuits filed in the aftermath of the kids-for-cash corruption scandal.

U.S. District Judge A. Richard Caputo issued an order denying requests from former Judges Mark A. Ciavarella Jr. and Michael T. Conahan to postpone deadlines for pre-trial filings in the civil cases until after their criminal prosecutions are completed.

Caputo said judges' requests did not mesh with established law, which prohibits indefinite delays except in cases where the judges could be compromising their criminal defenses by filing required paperwork.

The civil lawsuits were filed in February on behalf of thousands of juveniles sentenced by Ciavarella during the life of an alleged corruption scheme - from 2003 to May 2008.

Full Article and Source:
Judge Denies Request From Ciavarella, Conahan

See Also:
PA Judicial Board Draws Heat

Two Iowa Business Men Get Prison Terms

A Johnson County judge this week sentenced two men to 18 months for a nationwide theft scheme that prosecutors say took more than $1 million from elderly customers.

Johnson County businessman Hermann Wilms, 74, and Kenneth Opstein, 86, of Sioux City, Iowa, each pleaded no contest previously to four felonies of making false information and to four misdemeanors.

Source:
Two Get Prison Term for Bilking the Elderly

IL Nursing Home Under Federal Investigation

A team of at least seven federal investigators has been scouring the records of a troubled North Side nursing home in response to Tribune reports and a Chicago alderman's complaints about problems in the facility.

The team from the Centers for Medicare & Medicaid Services, or CMS, has spent the week performing an unusual special audit and inspection of Somerset Place, 5009 N. Sheridan Road., that may extend into next week, government sources told the Tribune.

Federal officials declined to comment on the probe or what specifically investigators are targeting at the facility. But state Department of Public Health spokeswoman Melaney Arnold said federal authorities asked state officials to postpone their own enforcement actions against Somerset until the federal probe is complete.

"The facility has been a concern to the state and the feds," Arnold said.

Somerset's owners and administrators did not respond to requests for comment, but in the past they have defended the operations of the home.

Specializing in mentally ill adults, Somerset had 66 felons among its roughly 400 residents in December and has been cited repeatedly for patient safety violations, state records show.

Full Article and Source:
North Side Nursing Home the Target of Federal Investigation

Schwarzenegger Calls for Increased Policing of Health Care Workers

California Gov. Arnold Schwarzenegger called Friday for 107 new investigative staffers to improve the discipline of errant nurses and other health professionals, a rare push for more in a budget proposing less in almost every area.

The $12.8 million spending request came as Schwarzenegger proposed deep cuts throughout California government for the fiscal 2011 budget, which takes effect July 1. If approved, the additional staff would be paid from the individual budgets of health care boards, which are supported by licensing fees. The money would not come from the cash-strapped general fund.

The governor's proposal follows reports last year by ProPublica and the Los Angeles Times detailing how it took on average of more than three years to resolve complaints against registered nurses in California, even those accused of serious misconduct. The lag time allowed them to continue practicing and in some cases put patients in harm's way.

Full Article and Source:
Schwarzenegger's Budget Calls for Increased Policing of Healthcare Workers

See Also:
The Governor's Proposal

Bank Files Guardianship

Michelle Cohen is petrified about her upcoming court hearing. For weeks, she's been frantically calling attorneys in hopes of preventing a decision she fears will change her life.

A bank is asking a court to appoint a guardian for Cohen, who is mentally ill and who has a trust fund at the bank. But what Cohen wants is to be left alone. To live how and where she pleases. To spend her trust fund money on whatever she wants. To be like other people – those without a mental illness.

"I'm fully competent to handle my own affairs," said Cohen, a Dallas resident who turns 41 this month. "Nothing good will happen if I have a guardian. I'll probably wind up in a group home. I have a lot to fear about that."

American National Bank, which oversees the Henrietta Neufeld Cohen Trust, believes this is a case where it is warranted, filing for a limited permanent guardianship of Cohen and the estate last June.

At one point, the trust left to Cohen by her paternal grandmother was worth nearly half a million dollars. But when the Flower Mound branch of American National took it over last January from Wachovia, the account had dwindled to about $135,000. The balance is roughly $50,000 now, according to trust accounting records. The bank has been responsible for spending a portion of that in its attempt to have a guardian named.

After delays last fall, the case is now scheduled to be heard Tuesday by Judge Don Windle in Denton County probate court.

Since American National took over the account, records show the money has been mostly spent on the lawyers Cohen hired, lawyers the bank hired, extended-stay hotels, personal items and other living expenses.

Full Article and Source:
Dallas Woman Fights For Control After Bank Asks Court to Appoint Guardian

WI County Court Clerk Disciplined

The chief judge of Wisconsin's Ninth Judicial District has disciplined the Lincoln County clerk of courts, Cindy Kimmons, for inappropriate conduct in which Kimmons placed an offensive personal note in a woman's case file impugning that woman's character.

The incident involved a paternity case. At one point, the woman had sought to negotiate a payment plan for an outstanding debt to the court, and had sent a letter to the clerk's office asking for such an arrangement instead of the clerk's intercept of a state tax refund.

An office employee attached a Post-it note to the letter - "Cindy, what do you want me to do with this?" - and forwarded it to Kimmons. The clerk's handwritten response, also on a Post-it note and then attached to the letter in the case file, included far more than just a decision on the request for a payment plan.

Full Article and Source:
Lincoln County Clerk of Court Reprimanded for Conduct

Mortician Sentenced

An Akron funeral director was sentenced to six months in jail for bilking a Lancaster widow out of $175,000.

Paris J. Childs, 49, was ordered to pay $5,050, the maximum allowable, in fines and court fees after pleading guilty to grand larceny for embezzling the money from Olive M. Reimann.

State Supreme Court Justice Russell P. Buscaglia also revoked his state funeral director’s license for the next five years.

The widow was 85 when she died Sept. 19 in a Clarence nursing home.

Childs had been a longtime friend of Reimann and her husband, a businessman who died in 1993. Childs got the widow to grant him power of attorney and, from Feb. 2, 2006, through last April 19, he had been systematically embezzling the funds, prosecutors said.

The judge rebuked Childs, operator of Childs Funeral Home on Eckerson Avenue, for “taking advantage of a vulnerable senior citizen.” He also voided any powers of attorney that Childs might currently hold for any other elderly people.

Buscaglia also told Childs — who has repaid the $175,000 — that after he completes his prison term, he will be on court-supervised probation for the remainder of the next five years.

Full Article and Source:
Mortician Jailed, Fined in Bilking of Widow

Ruling: Court Acted Properly

A Jasper County court made the correct decision in 2005 when it named Rita Hunter, former Jasper County public administrator, a guardian for Suzanne Murray, of Joplin, a judge has ruled.

Judge Michael Dawson, in a ruling issued Dec. 30, concluded that the local court had jurisdiction at the time the permanent order was made on Sept. 27, 2005. Dawson, an associate judge from St. Clair County, is serving as an assigned judge after local judges recused themselves.

A Springfield attorney representing Murray has argued that the local court did not have the needed jurisdiction to make his client a county ward more than four years ago, and that the September 2005 hearing did not meet requirements of state law.

“At the hearing on Sept. 27, the personal appearance of the ward was effectively waived by her counsel who was present and participated within the hearing,” Dawson wrote. “The court has reviewed the extensive suggestions prepared by the parties and concludes that sufficient evidence was presented to warrant the decision made. The court is very mindful of the cases cited by the parties, but remains convinced that under the specific facts of this case the correct decision was obtained.”

Lynn Myers, who is representing Murray and several other clients in lawsuits against Hunter, said last week that the decision will be appealed.

Myers had contended that the local court did not have jurisdiction to make Murray a ward of the county because she did not get the proper notice before the hearing. He also has said Murray wanted to be at the hearing.

A Springfield attorney representing Murray has argued that the local court did not have the needed jurisdiction to make his client a county ward more than four years ago, and that the September 2005 hearing did not meet requirements of state law.

“At the hearing on Sept. 27, the personal appearance of the ward was effectively waived by her counsel who was present and participated within the hearing,” Dawson wrote. “The court has reviewed the extensive suggestions prepared by the parties and concludes that sufficient evidence was presented to warrant the decision made. The court is very mindful of the cases cited by the parties, but remains convinced that under the specific facts of this case the correct decision was obtained.”

Lynn Myers, who is representing Murray and several other clients in lawsuits against Hunter, said last week that the decision will be appealed.

Myers had contended that the local court did not have jurisdiction to make Murray a ward of the county because she did not get the proper notice before the hearing. He also has said Murray wanted to be at the hearing.

Full Article and Source:
Ruling: Court Acted Properly

See Also:
Absolute Prosecutorial Immunity

Former Administrator Rita Hunter

Judge Voids Plea Deal for Accused Scammer

A judge has voided a plea agreement for a Las Vegas man accused of running an investment scam to swindle elderly people. On Friday, Las Vegas Justice of the Peace Joe Sciscento ordered Jamal Eljwaidi to stand trial on six counts of elder exploitation. Sciscento made the ruling after learning that Eljwaidi had failed to pay back some $300,000 to the alleged victims, as per the plea deal.

Full Article and Source:
Judge Voids Plea Deal for Accused Scammer

Scott Rothstein's Co-Workers Could Face Charges

Federal prosecutors investigating Scott Rothstein's alleged $1.2 billion Ponzi scheme have given their strongest indication yet that some of his former co-workers will face criminal charges.

In a document filed in federal court late Thursday, prosecutors said some of Rothstein's fellow employees at the now-bankrupt Rothstein Rosenfeldt Adler law firm have "apparent criminal culpability," but disclosed no specifics.

The criminal complaint filed against Rothstein refers to unnamed co-conspirators 42 times. Rothstein allegedly had help fabricating investment documents in the scheme, and is also accused of illegally funnelling campaign contributions through his firm's employees in violation of state and federal election laws.

Full Article and Source:
Scott Rothstein's Co-Workers Could Face Charges

See Also:
Scott Rothstein to Plead Guilty

Former Judge Disbarred

A divided Louisiana Supreme Court has disbarred a former New Orleans judge who was kicked off the bench in 2003 for forcing staff members to campaign for him and then lying about it.

The court already had suspended C. Hunter King, who was a civil district judge in Orleans Parish. On Friday, it ruled that Hunter's law license should be revoked. Three of the court's seven justices dissented.

Full Article and Source:
State Supreme Court Disbars Former N.O. Judge King

Charged With Embezzling from Great-Aunt

After a 91-year-old Clio woman nearly was evicted from a nursing home, investigators discovered her great-niece allegedly stole $50,000 from the nonagenarian from 2008 to 2009.

Tamara A. Altvater, 52, has been accused by authorities of taking the funds from her great-aunt, Janet E. Webster, while not paying expenses for her care, said Genesee County Sheriff Robert Pickell.

Altvater had control of Webster’s finances for at least three years, and authorities say she wrote checks to herself from her aunt’s bank account.

“We learned from our investigation that Tamara Altvater used the money to buy things for herself,” Pickell said

When Webster’s monthly bill at her nursing home fell three months behind, Altvater told employees that her great-aunt was “out of money,” Pickell said. Employees alerted the elder abuse task force about their suspicions, he said.

According to court documents, Altvater is charged with three counts of embezzling from a vulnerable adult.

A hearing is scheduled for Jan. 13.

Full Article and Source;
Woman Allegedly Stole $50,000 From Great-Aunt, Janet Webster, 91, of Clio

IL: Pushing for Stricter Rules for Antipsychotic Drugs in Nursing Facilities

Nursing home resident advocates in Illinois are pushing for new, stricter rules on the use of antipsychotic drugs among elderly nursing home residents, in order to prevent misuse of the drugs as a form of chemical restraint in nursing homes.
Illinois Citizens for Better Care, a grassroots organization that fights to improve nursing home care in the state, is pushing for new state laws and regulations that would prevent nursing homes and doctors from using antipsychotic and psychotropic drugs as a form of chemical restraint on the elderly, according to a report by the Chicago Tribune and ProPublica.

Concerns over the use of such drugs have increased considerably as the result of an ongoing series of in-depth nursing home investigative reports conducted by the Tribune on nursing home problems in Illinois. The stories have unveiled a series of critical failings in the Illinois nursing home system. In addition to investigations which uncovered unapproved use of antipsychotics on non-consenting elderly nursing home residents in order to control them, the stories have also found incidents of murder, rape and abuse, largely due to the housing of the criminally insane within the same facilities as elderly patients.

Illinois Governor Pat Quinn has established the Nursing Home Safety Task Force to address problems uncovered by the investigations, and Illinois Citizens for Better Care are pushing that task force to come up with a firm, durable solution that would prevent doctors and facilities from using antipsychotics to control and restrain nursing home residents.

Full Article and Source:
Restrictions sought in Illinois for Chemical Restraints in Nursing Homes

Octomom Prevails

A child actors' advocacy group trying to have a guardian appointed to oversee the financial interests of octuplet mother Nadya Suleman was dealt another legal setback Friday when a state appeals court denied its request.

Suleman's attorney Jeff Czech confirmed his client won her appeal to overturn a lower court's ruling granting the appointment of a financial guardian.

"For now let me quote the court: This is an unprecedented, meritless effort by a stranger to a family to seek appointment of a guardian of the estates of the minor children," Czech said.

Gloria Allred, who represents former child actor Paul Petersen, president of a Minor Consideration, which is seeking to become the financial guardian of Suleman's 14 children, could not be immediately reached for comment.

Petersen's organization wants to oversee the financial interests of the children because he believes Suleman has a conflict of interest regarding her contract with Eyeworks UK Group Ltd. that allows the octuplets and their six older siblings to be featured on a reality show.

Full Article and Source:
Octomom Prevails in Case Against Child Actor's Group

See Also:
Octo-Guardianship?

Two Sentenced for Bilking Elderly

A man and a woman were sentenced separately Tuesday in Ramsey County District Court for bilking elderly and vulnerable victims out of tens of thousands of dollars.

Lisa B. Allred, 45, was charged in August 2008 with swindling her mother out of almost $22,000 after her mother had a stroke and gave Allred power of attorney to pay her nursing home bills.

Allred, of St. Paul, pleaded guilty in November and was given a stay-of-imposition sentence by District Judge Teresa Warner. She will be on probation for five years and must serve 45 days in jail. She was given credit for eight days she has already spent in custody. Restitution was left open for 90 days.

James C. Somers, 57, of Roseville, was given a 13-month stayed sentence by Warner in October after he admitted swindling two vulnerable St. Paul residents out of tens of thousands of dollars for shabby or nonexistent work on their homes and yards.

Full Article and Source:
Two Who Preyed on Elderly, Vulnerable Sentenced