SAN JOSE -- In a case that has already spawned reforms in Santa Clara County's probate court, the battle over a six-figure bill that a trustee charged a brain-damaged San Jose man landed back before a judge Friday.Judge Franklin Bondonno agreed to re-evaluate the $146,500 he awarded just two months ago to a Los Gatos attorney for defending the trustee's high fees.
Danny Reed, 37, took a bold stand in 2010 and opposed his court-appointed trustee's $108,000 bill for just 4 ½ months' work. When Reed and his public defender challenged those fees, trustee Thomas Thorpe and his attorneys charged more than twice that amount in legal costs to defend their original bills.
Friday's showdown in court was the latest twist in a lengthy battle that has taken on far broader meaning than the average estate dispute. Reed's case was at the heart of "Loss of Trust,'' an investigation published this month by this newspaper that revealed how some Santa Clara County estate and care managers are charging excessive fees and how the court was doing little to stop it.
Reversing his own decision would be extremely rare, but there were signs the judge understood the objections.
In a nod to Reed's pro-bono defense team, Bondonno said Friday the lawyers had "done a terrific job in saying: 'Judge, there's something that just isn't right in how this whole thing played out.' "
Full Article and Source:
Santa Clara judge reconsiders his early ruling on a trustee excessive fee case
See Also:
The Mercury News' "Loss of Trust" Series (Anchor article)
11 comments:
This is an absolute first. Thank you Judge Franklin Bondonno for taking this step in the Danny Reed case. Perhaps judges across the nation will see that they should be doing the same thing.
Thank you, NASGA, for keeping an eye on Santa Clara County.
Yes, well, "it just wasn't right" and I'll reserve my "Hurrah!"
I agree Betty this is most unusual although we need to keep our eyes on this story thanks to the sharp reporter. I have to wonder if the judge would have considered reconsidering his decision if eyes weren't on this case?
Exposure and scrutiny along with public outrage does have impact as it should.
This has been going on for decades most of the time in secrecy, now we have light on the dark side.
Thank you for eduacting we the people.
Only because of the Mercury News is Judge Bondonno doing this. Nontheless, it is good news!
I don't know. This good news may be too hard on me; I have a weak heart and here we have Judge Bondonno reconsidering the fees on the Danny Reed conservatorship. THUD!
I don't know. This good news may be too hard on me; I have a weak heart and here we have Judge Bondonno reconsidering the fees on the Danny Reed conservatorship. THUD!
The next step is to require the Public Guardian to honor the personal rights of conservatees. No more false imprisonment. No more isolation from loved ones. No more blocked telephone calls or confiscated mail. No more over-medicating to force compliance. No more retaliation for complaints about abuse.
It must be rembered, that judiciary has unlimited power, not even a "President" is immune from abuse, slander and fraud sanctioned by the courts.eb
Amazing what the spotlight on corruption can do..... Wish we were as fortunate in cook county Illinois
It's not over until the fat lady sings. If there's an honest probate judge, he has yet to be recognized.
Progress one step at a time is a good thing. The system has this all locked up in secrecy far too long now there is unity, a united effort with eyes and ears with an opportunity for a real chance to improve the quality of life for those who are and will be subjected to this system.
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