On February 9, the Court of Appeals for the Second District affirmed Judge Ferchill’s ruling removing Frank and Chila Covington as guardians of their Down Syndrome daughter. The judge was good enough to notify me of the affirmation and send me his comments, from which I excerpt:The Covingtons, in this context, are free to reject all psychoactive medications for themselves, but they cannot refuse to have their daughter, a court monitored ward under guardianship, even EVALUATED for the potential prescribing of such meds. Keep in mind that after on the evaluation. Follow up reports show that the meds have ameliorated the hearing of “voices”, the imaginary person/s, the anti-social behavioral issues and severe headaches. HER best interests have been served.
Your original article has caused me considerable angst. It is forever in Google. I am asked about it, just recently by a high school friend I hadn’t seen in 40 years. Please consider contacting public officials to give them an opportunity to present their side before you paint with such a wide brush. Based on the Covingtons or stories about them, and the allegations of a disgruntled attorney, Mr, Shelton, whom I and other judges had sanctioned, you said that I and some attorneys ran a “racket”. That is the word I object to the most.
[B]efore he breaks his arm patting himself on the back, I should note for him that the appeals court’s written memorandum raises very important questions about how he acted in this case.
The appeals court notes in three places a tendency by Judge Ferchill to act without regard to the law.
Page 3: “In July 2009, the trial court appointed a guardian ad litem for Ceci without notice to the Covingtons.” [my bf]
Page 4: “After a hearing and without notice to the Covingtons, the trial court found that the Covingtons cruelly treated Ceci and neglected to main her as liberally as her means permit.” [me again]
Page 4: “The trial court also found that the Convingtons ‘have both been proven to be guilty of gross misconduct and gross mismanagement in the performance of their duties as Guardian’ and ordered their removal without notice.” [me]
The appeals court notes that it did not address Judge Ferchill’s failure to comply with Texas 761(c) — on the question of not notifying someone when their case is before the court — because the Covingtons’ appeal was not based on it. By mentioning it three times, the appeals court is strongly implying it would have addressed this issue if it had been asked to.
The failure to give the Covingtons their day in court is the most disturbing aspect of the case.
Full Article and Source:
Judge Patrick Ferchill Upheld in Covington Case
See Also:
Father: "I Do Call It Gestapho Justice"
19 comments:
Hey, whatever happened to that document called the Constitution?
What about Ceci? Obviously Ferchill has forgotten about what she needs and wants.
This case is a crying shame.
Can TX impeach judges? Ferchill needs to be removed.
I don't wish this tragedy on anyone, but sometimes I think if a judge just had to suffer the consequences of his callousness and disregard for the law, maybe that judge would do better. It's probably just a pipe dream.
Think this beautiful little girl is on her bike carefree and happy now?
Judge Ferchill is an excellent Judge. Have any of you who have commented actually read the case file to know what happened and why the parents were removed? Did you attend any of the hearings? I did both. There is a reason these parents were removed and it is not because Judge Ferchill is a bad judge, it is because he did the right thing.
Anonymous - don't know your name, but your occupation shows. You are a private guardian of the estate/fudiciary. There are dozens of victims, and friends/family of victims under Tarrant probate guardianship, and they are clamoring for help. They don't think so highly of the judges there. The judge screwed up, covered up, cleaned up. Typical Tarrant guardianship abuse.
Actually txprobatevictim I am not and never have been a private guardian. I have read the court file on this and the other cases where family is complaining. I have also watched the hearings in some of these cases. There are not dozens of families complaining at most it is a handful. In Covington in particulae there is no basis to complain. The judge made the righ decision and every judge who has subsequently looked at the case agrees. Read the case file. It is public record. Then maybe you will be educated on the rationale and the facts and the law behind this particular case.
Anon.
Then you must be a judge. You are wrong. Yes there are dozens with legitimate complaints, and their voices will be heard.
No, not a judge either. Just someone with some common sense and legal knowledge. Someone who has read the case files and attended some of the hearings and is aware of the circumstances. There are not "dozens with legitimate complaints." The case files I have read from the handful (not dozens) of complainants are straightforward and appropriate legal decisions have been rendered by the Tarrant County Judges.
Have you personally read the case files on the "dozens of cases" you say are legitimate? Have you personally attended any of the hearings on these cases? If not then you have no actual knowledge of whether the decisions in these cases were right or wrong. I suspect you are someone who didn't get their way and so are willing to glom on to any other person complaining and just assume they are right.
In Covington, the right decision was made and every judge who has looked at the case agrees. Sometimes family is not the best guardian because family is the problem. It is sad when that is the case and I wish it weren't so but in this case there was no other choice but to remove the parents. Read the case file for yourself and then we'll talk.
Anon 2, why don't you explain exactly who you are instead of talking in generalities.
Specifically why would you have an interest in the Covington case or probate cases in general unless you are either a victim or part of the system. Which are you?
I would wholeheartedly agree with Txprobate victim, in that it's dozens of cases, not just a few.
This is a problem nationwide. You did read the GAO's report didn't you? Or do you think the GAO is sour grapes too?
Why does it matter who I am. Who I'm not: I'm not a judge, guardian, ad litem, or court personnel. For personal and professional reasons I became interested in the Covington case and the handful of other cases being complained about in Tarrant County. Anyone with any level of concern or compassion would become interested in these cases after hearing the families stories of victimhood. Unfortunately for the families, the case files are public record and most hearings can be attended. Once you look at the case files and attend the hearings you come to learn that the judges are not part of some out to get you racket and that they made the right choice under the law for the protection of the Ward. I am speaking here of Tarrant County only. As far as I'm aware, the GAO report did not find dozens of cases in Tarrant County that were improprer, which is not a surprise given that the two judges in Tarrant County are excellent and sticklers for following the law.
If you disagree and still claim there are dozens of cases in Tarrant County why not post that information so it can be investigated?
Now come on, Anonymous. You know cases can't just be posted for your information or anyone else's because of HIPAA, not to mention freedom of choice as to whether or not for these victims to have their case publized.
Many victims are afraid to come forward or publicize their case because of retaliation. Think it doesn't happen? Read the stories on NASGA's Victims' page and see just how often it does happen and just how far retaliation is taken.
Since you're afraid to reveal yourself, why not say specifically what brought your interest in the Covington case ?
And while you're at it, why not explain how a judge can be a "stickler for following the law" (using your words) and yet knowingly and willfully violate the basic due process right of "notice"?
Karen, you personally can post whatever you want and no HIPPA violation, unless you are personally the doctor or medical provider for these "dozens of cases." You and txprobatevictim are the ones claiming dozens of violations in Tarrant County. Nothing whatsoever prevents either of you from posting examples of what you are talking about, particularly since each and every one of these alleged cases, if in fact they are under a guardianship are public record at the courthouse. The fact is that there are not "dozens of cases" in Tarrant County that have been conducted innapropriately or against the law. There are a handful of cases where family members have complained but I will ask you again, have you bothered to read the case files or attend any of the hearings?
I already said what brought my attention to the Covington case. Re-read my post. Specifically, I stated: "Anyone with any level of concern or compassion would become interested in these cases after hearing the families stories of victimhood." That right there is what caused me to begin looking at these cases. Not just this one but the handful of other cases where families had complained.
You claiming that the judges violated the law does not make it so. Neither Judge King nor Judge Ferchill on Covington or the handful of other cases complained about violated the law. If you have a problem with the provisions of the probate code that they followed then take that up with the legislature and not with the Judges who in fact were sticklers for the law and followed it. You might also consider looking at the ex-parte provision in the probate code, the purpose of it and how rarely it is used. There is a reason for it, like it or not, and that is for the protection of the Ward.
I choose not to state my name for professional reasons but why does that matter? I am not the only commenter on this page or other pages here that has posted anonymous.
I believe you know how many cases are involved and you're pushing this issue because you want to exactly who is complaining. And you are not going to get that information from me. If those cases choose to step forward, it will be of their own accord. I remind you, once again, that many are afraid of retaliation.
You have made the claim that other judges agree with Ferchill on the Covington case. Exactly which judges? And how would you know what any judge thinks unless he/she were discussing the case openly?
You are right - my claiming Ferchill violated due process does not make it so. Since you're the professed expert on this case, I would ask you to comment specifically on the allegations included in this artcile that the Covingtons were not provided notice, etc.
Due process is a Constitutional right.
What is the reason for the ex-parte provision in the statutes, sir? And please don't reply with the reason being for the protection of the ward. We know guardianship's intent is the protection of the ward, but the reality is quite the opposite -- again, the GAO confirms this allegation.
The reason why we know there are dozens of cases is because they have reached out for help. It's a sad state of affairs in this State and County when there's no place for anyone to turn to. A person under guardianship cannot even get a lawyer, particularly when their funds are absconded by a court appointed fiduciary. And if they do manage to find a lawyer, the probate judge will threaten him with disbarment if he shows up in court. When every lawyer in town is afraid of going against the tyrant judges. When there's no public advocate. Yes, these victims will eventually be heard, The timing and medium must be appropriate. But it does make you wonder....How many more are out there that have not come forward? How many more elderly and disabled don't have to tools or knowledge available to reach out and ask for help? How many who's estates are drained are placed in solitary or sent off to hospice? It has been asked before. In Whose Best Interest?
Its interesting that Tarrant County refuses to address the cases that have been investigated where GSI guardians have been found to have abused and neglected by there guardians. Investigations from outside sources have validated these abuses from GSI guardians. The court sweeps them under the rug and tells families and agencies involved that they have removed the abusive guardian from there position when in fact they never removed them. Guardianship in Tarrant County is a deception of Protection and it is still a Racket.
Let not forget the NGA while am at it. The NGA and Terry Hammand are just as bad, Terry Hammand was contacted and never even offered to address the problem much less follow up on, instead he just blamed the legislature. One would think that the NGA would want to facilitate investigations regarding issues from his guardians that are certified under his organization/program.
Anonymous,
I do not think you actually read the full case files, if you had you would have been disturbed to know that Ceci has regressed since being put on the cocktail of drugs.
To the last Anonymous, it's also an issue of Ceci being torn away from her family where she was comfortable, loved, and protected and thrown into a strange environment without the comfort of her parents. I would image drugs were used to calm her down so she would "adjust."
The emotional damage done to Ceci lies on the judge's shoulders. May he never look in a mirror without being haunted by an image of Ceci's face in front of him.
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