Highland County Probate Judge Kevin Greer has recused himself from a case involving a dispute over the guardianship and care of a Hillsboro woman. The recusal occurred following a Nov. 22 hearing regarding the case, according to court documents.Greer's recusal comes after Jane Branson filed suit in U.S. District Court for Southern Ohio against Greer, her brother, her mother's attorney, and Ohio Gov. John Kasich. Representing herself, Branson claimed in her suit that her mother, Mollie Florkey, should be released from a nursing home in which she was placed, and also claims she has been denied proper access to Ohio's courts.
Greer said Monday he could re-qualify himself to continue hearing the case based on how, and how quickly, Branson's federal lawsuit is resolved. In the meantime, he has asked the Ohio Supreme Court to appoint a judge to hear Branson's ongoing challenge to the care and guardianship of her mother.
But if the federal suit is resolved, Greer will likely re-qualify himself to preside over the case, because "I have a duty to the taxpayer to do my job" rather than paying a visiting judge to preside.
Branson has attempted to overturn Greer's decision, as well as asking Greer to remove himself from the case, which he refused to do until now.
Also named in the suit is Hillsboro attorney J.D. Wagoner, who is Florkey's attorney.
Full Article and Source:
Greer Recuses Himself From Case on Guardianship
See Also:
Jane Branson Files Suit on Behalf of Her Mother
gosh looks like these NASGA members are hitting their stride and scoring some points. Good job Jane !!
ReplyDeleteGo get 'em, Jane!
ReplyDeleteMollie Florkey was "Excluded from her own Guardianship Hearing,
ReplyDeleteMollie was "Excluded" from her right to Appeal,
Mollie was "Excluded" from the Probate Hearings that followed,
And, the Common Pleas Lawsuit where in theroy is that the
Guardian, James D. Malott can only be sued with "His" permission.
This theory excludes Mollie Florkey "Completely And, guarantee's Mollie's on-going already Four (Plus)Years of Isolation at Malott's insistence.
Not only was a fraudulent POA used by Malott to force Mollie Florkey
unlawfully, against her will in a nursing facility but Judge Greer and Mollie's attorney J.D. Wagoner has forced our taxpayers to pay
nearly $300,000 for Mollie to be held against her will without medical necessity, a Violation of the (Olmstead Act )
Point of Fact, Mollie has Not received $300,000 of any kind of care at the facility, but instead, has suffered tremendous negligence, physical and mental trauma while held prisoner at the facility because of those who were suppose to Protect her but instead, the Court intentionally "Excluded" Mollie from her Constitutional Rights, discriminated against Mollie because of her disability and refused to allow Mollie Florkey's Voice to be heard.
It is the reason Mollie Florkey by next friend/daughter Jane Branson has filed a Title II Americans With Disabilities Lawsuit with the U.S Federal District Court of Southern Ohio (against) Judge Greer, PROBATE COURT/Court of Common Pleas,James D. Malott, Guardian, Mollies attorney J.D. Wagoner, The State of Ohio/ Governor John Kasich, Because these Ohio State Agents did not up-hold the Laws in the State Court, but instead, Violated Title II ADA, discriminated, isolated and "Excluded" Mollie Florkey from the Courts.
Glad to see it, Jane! Celebrate!
ReplyDeleteJane, stay strong, the fight isn't over. But you're making good headway!
ReplyDeleteJane, I hope your Mom is home and safe by 2012!
ReplyDelete