Sunday, October 12, 2014

Judge closes Zavalidroga guardianship proceedings to public


A state Supreme Court justice has shut out the media and public from attending the guardianship proceedings involving an 83-year-old woman who was found alone in the woods this summer.

Although Tomas Zavalidroga stands accused of leading his mother, Margaret, into the woods and then reporting her missing, the Blossvale man has welcomed the media to cover any court proceedings against him.

But this week, Justice Samuel Hester in Rome ruled that the public cannot attend a hearing on Oct. 21 to determine whether Margaret is mentally incapacitated and in need of a legal guardian.

“Based on the information available to the court, and the opportunity of all interested parties to be heard, including the general public, the court is of the opinion that the privacy of the (alleged incapacitated person), particularly her health and financial issues, override any interest of the public,” Hester wrote this week.

“Considering the orderly and sound administration of justice and the nature of these proceedings,” all records in this matter shall be sealed, Hester finished.

Hester’s ruling runs contrary to what was previously ruled by state Supreme Court Justice Bernadette Clark before she recused herself from the Zavalidroga case. In September, Clark agreed to keep the proceedings open to the media while balancing the interests of Margaret and the public.

But, due to the nature of the proceedings involving a person’s mental health, Hester had “good reason” to close the proceedings, state court officials said.

“For guardianships, the threshold to close court is much lower,” said David Bookstaver, spokesman for the state’s Office of Court Administration.

Full Article & Source:
Judge closes Zavalidroga guardianship proceedings to public

See Also:
Brothers Seek Control of Mother's Finances

2 comments:

Thelma said...

This creep left his mother in the woods?

Finny said...

Closing the hearing is NOT good, not matter what.