Linda Kincaid Reports: Elder abuse by Scott Phipps: Victim denied contact with Dr. Robert Fettgather

Elder rights advocates across the country are scrutinizing elder abuse by Oakland conservator Scott Phipps of Phisco Fiduciary. Phipps initially drew attention by violating Elinor Frerichs’ right to receive visits or phone calls from her husband and friends. For two years, Elinor was denied nearly all contact with loved ones.

Phipps placed Elinor at Lakeside Park, a locked dementia facility. Phipps instructed staff to keep Elinor unlawfully imprisoned and isolated. Elinor is allowed no visitors and no phone calls. Phipps and Lakeside Park share the benefit of access to Elinor’s multimillion dollar estate.

Community Care Licensing informed Lakeside Park they could lose their license if they continued to violate Elinor’s rights. The facility allowed visitation for a few days in September 2014. Elder rights advocates were able to establish contact with Elinor on two occasions.

On September 3, this Examiner and several other individuals met with Elinor in the lobby of Lakeside Park. Phipps flew into a rage when he learned of our media connections. He ordered us to leave immediately, and he called Oakland Police Department to enforce his unlawful demands. Officer Vierra removed Phipps to another room so the visit with Elinor could continue. Elinor gave a statement to Officer Vierra and a second officer.

On September 5, 2014, this Examiner and elder advocate Dr. Robert Fettgather met with Elinor at Lakeside Park. Phipps interrupted the visit, threatening Dr. Fettgather and again creating a disturbance in the facility. Dr. Fettgather urged Phipps to regain his composure and to think of Elinor’s best interests. Phipps removed himself without the assistance of law enforcement. Advocates resumed their visit with Elinor.

On September 12, 2014, Phipps retaliated with a petition to the Alameda County Probate Court asking to permanently take away Elinor’s right to visitation. Phipps denied Elinor her right to attend the hearing on her rights. By isolating Elinor from the court, Phipps also denied Elinor her right address the court. Judge Sandra Bean made her decision without input from Elinor or input from legal counsel representing Elinor’s wishes. Unaware of Phipps’ record of abuse, Judge Bean authorized Phipps to control visitation with Elinor. As of this writing, Phipps denies all requests for visitation.

Robert Fettgather, Ph.D. taught life span psychology (conception to death) since 1985. He currently is an advocate with the Coalition for Elder and Dependent Adult Rights (CEDAR). Dr, Fettgather is also a consultant and advocate at Lifespan Consulting. He worked as a special educator and, later, as a clinical psychologist before establishing his current practice. Dr. Fettgather holds a Ph.D. in Psychology and Master’s degrees in both Psychology and Special Education.

On Sep 14, 2014, Dr. Robert Fettgather wrote:

Mr. Phipps:

Judge Bean's decision to allow Elinor Frerichs visits with her family and friends was a good one for Elinor. She explained to me on my visit that she was lonely. And, as you observed, she stated quite clearly that she very much wanted me to stay.

I am requesting your permission for another visit at Elinor's earliest convenience.

Sincerely,
Robert Fettgather

On Sep 15, 2014, Scott Phipps wrote:

Mr. Fettgather:

Due to recent events in this case it has become clear that you are a known associate of Kennett Taylor. Your request for a visit with Elinor is denied as it will be detrimental to her well being.

Scott Phipps, MDiv, CLPF, NCG
CA Licensed Professional Fiduciary #11

On September 17, 2014, Dr. Robert Fettgather wrote:

Mr Phipps,

Thank you for your response.

You have cited that I am a "known associate of Kennett Taylor" as a reason to deny Elinor her right to visitation as specified by law.

I met Mr. Taylor for the first time at Elinor's hearing. By any legal or common sense standard I have no meaningful association with him. On the other hand, I am known to be a retired psychologist who has dedicated this part of his life toward the social support of adults with disabilities and elders.

Furthermore, I am known to you (as you observed my conversation with Elinor) to be offering non-professional social and emotional support. You also know that Elinor expressed very clearly to you that she enjoyed our visit and wanted me to stay. Your (witnessed) tirade directed at me during that visit, including making false allegations against me, suggests you have may hold some personal animosity toward me.

Respectfully, I ask that you set that aside in favor of observing the decision standards of your profession (CCR 4472) that require the observance of consumer choices and desires.

Robert Fettgather

Phipps did not respond to Dr. Fettgather’s reasoned request for Phipps to conduct himself professionally and to honor Elinor’s rights. As of this writing, Phipps denies all requests for visitation or phone calls. Elinor is denied any contact with family, friends, or advocates.

Readers may contact Scott Phipps to request a visit with Elinor Frerichs.
scottphipps.phisco@gmail.com

Full Article & Source:
Elder abuse by Scott Phipps: Victim denied contact with Dr. Robert Fettgather

Linda Kincaid Reports: Elder abuse by Scott Phipps and Lakeside Park: Victim isolated from friends

Lakeside Park, an Oakland, California assisted living facility, does not allow resident Elinor Frerichs to receive visitors or phone calls. Department of Social Services cautioned the facility they could lose their license if they continue abusing residents. But as of this writing, Elinor remains imprisoned and isolated.

Lakeside Park is following unlawful instructions from conservator Scott Phipps of Phisco Fiduciary. Phipps filed a motion with the court explaining that he prevents Elinor having contact with her friends because those individuals oppose the abusive conservatorship.

Both Phipps and Lakeside Park both have a substantial interest in retaining control of Elinor. Phipps bills Elinor’s estate for his time spent opposing Elinor rights. Phipps pays Lakeside Park around $7,000/month from Elinor's estate, say Elinor's friends. Lakeside Park and Phipps both receive substantial financial benefits from violating Elinor's rights.

Retired Registered Nurse Annette Hornsby and Elinor share a six-year friendship. Annette did errands for Elinor and accompanied Elinor to medical appointments before Elinor was placed under conservatorship and taken from her home. Annette asks Phipps over and over to allow her to resume her friendship with Elinor. Phipps generally does not respond to Annette’s requests for visits or phone calls.

On October 5, 2104 Annette Hornsby wrote:

Dear Mr. Phipps,

As you are aware, I'm still being denied phone calls or visitation with my friend Elinor. G. Frerichs. You are also aware that Superior Court Judge C. Don Clay made it clear that I have a right to visit Elinor as evidenced by the transcripts attached to my Declaration in Opposition to your Petition to deny Elinor her constitutional right for phone calls and visitors.

There is nothing in the September 12, 2014 order by Judge Bean that prohibits or eliminates my unfettered access to Elinor. So I'm emailing you directly to find out your position as to my right to visit Elinor. What are my restrictions if any?

Elinor loves my company, and it's clearly in her best interest to have contact with persons she is comfortable with who she "can have an intelligent conversation,” as Elinor said. As a retired Registered Nurse, I know firsthand that isolating Elinor and preventing her having mental stimulation is extremely detrimental to anyone at any age and especially an elder.

That being said, I want to have unfettered access to Elinor without a 72 hour requirement, nor to be chaperoned or made to pay to visit Elinor. Visitation is clearly in Elinor's best interest.

Later on October 5, 2014, Annette wrote:

Dear Mr. Phipps,

I phoned Lakeside Park again on this 5th day of October, 2014 at 1:20PM after my earlier email to you today. As usual, I asked to "Speak to Ms. Elinor Frerichs". Ms. Linda Ross answered the phone then put me on hold. After being on hold for three minutes, Roxanne interceded and said, "Ms Frerichs is having lunch.” She said she would have Elinor call back after lunch". Since no one from Lakeside Park called back as promised, I phoned again at 3:45 pm, and asked Linda Ross to "speak to Ms. Frerichs". Roxanne Interceded again and said, "Ms. Frerichs is asleep". I asked Roxanne "to inform Mr. Phipps I called." Roxanne said that was not her job to “relay a message to Mr. Phipps.”

Judge Bean didn't restrict phone calls at all. Lakeside Park and you are in violation of state law and in violation of Elinor's rights to receive phone calls. These games you are playing at Elinor's expense have to stop.

Scott Phipps and Lakeside Park continue to deny Elinor her right to visit with her friends.

Readers can share their concerns with the Alameda County Board of Supervisors.

District 1: Scott.Haggerty@acgov.org
District 2: Richard.Valle@acgov.org
District 3: Wilma.Chan@acgov.org
District 4: district4@acgov.org
District 5: Keith.carson@acgov.org

Full Article & Source:
Elder abuse by Scott Phipps and Lakeside Park: Victim isolated from friends

Linda Kincaid Reports: Elder abuse by Scott Phipps: Victim denied contact with Dr. Beth Losiewicz

Elinor Frerichs (91) is denied nearly all visitation and phone calls. Conservator Scott Phipps of Phisco Fiduciary placed Elinor in Lakeside Park, a locked dementia facility in Oakland, California. Elder rights advocates say they believe Phipps and Lakeside Park conspired to keep Elinor imprisoned and isolated so they can jointly exploit her $5,000,000 estate.

Elinor has not been diagnosed with dementia. When elder rights advocates briefly established contact on September 3 and September 5, 2014, Elinor was alert, oriented, and feisty. A staunch feminist, Elinor spoke of her love for gardening and her wish for a Hillary Clinton presidency. She watches CNN to maintain her mental function while isolated in the the "booby hatch."

Elinor expressed extreme animosity for Phipps and his abusive practices. In a room full of witnesses, including this Examiner, Elinor told Phipps:

You are a bastard. I’ll tell the judge you are a bastard.

Elinor has the right to address the court and ask to have Phipps removed as her conservator. Elinor also has the right to ask the court to terminate the conservatorship. Phipps’ only chance to retain his control over Elinor’s sizable estate is to prevent Elinor having any contact with friends or advocates.

In the month since elder rights advocates spoke with Elinor, Phipps and Lakeside Park enforced absolute isolation. No visitors. No phone calls. Any request to speak with Elinor is denied.

Retired experimental psychologist Dr. Beth Losiewicz asked to visit Elinor. Dr. Losiewicz’s credentials are impressive, but those credentials were not sufficient for Phipps to allow a visit with a lonely woman who longs for companionship.

On Sep 14, 2014 Dr. Loseiwicz wrote:

I understand that I have to ask your permission to visit Elinor. I am hereby asking permission. When would be a good time for me to visit?
Dr. Beth L. Losiewicz

On Mon, Sep 15, 2014, Scott Phipps wrote:

Dr. Losiewicz:

Before I allow anyone who is unknown to Ms. Frerichs to visit I need to know the following:

How do you know Elinor?

Who gave you contact information regarding this case?

I know you will appreciate my questions as they are in the best interest of the Conservatee.

Scott Phipps, MDiv, CLPF, NCG

On Sep 15, 2014, Dr. Losiewicz wrote:

I have been given to understand that Mrs. Frerichs has few visitors because of some difficulty with her family. I am a retired PhD Experimental Psychologist and my chosen volunteer activity during my retirement is visiting people in Nursing Homes and Assisted Living. You can find my credentials by googling me, where you will find evidence of my teaching and research career in Colorado, Louisiana and London, UK. Or you can call U Texas Austin, to verify my PhD in (if I recall correctly) 1992 or 1994.. I can supply other, personal references if you so request. If Mrs. Frerichs is interested, I would also be interested in interviewing her about her life in the early days of Central California.

On Tue, Sep 16, 2014, Phipps wrote:

Dr. Losiewicz:

Given the timing of your request and fitting with the campaign that Linda Kincaid has begun in conjunction with the group Stop Guardianship Abuse, and you have not answered my questions I am going to deny your request to visit Elinor. Ms. Kincaid is a known associate of Kennett Taylor and has been denied visitation with Elinor.

Scott Phipps, MDiv, CLPF, NCG

On Tue, Sep 16, 2014, Dr. Losiewicz wrote:

You certainly make interesting accusations. I have no idea who Kennett Taylor is. I am aware of Ms. Kincaid’s attempt to see that you follow the Federal and California State laws in allowing Mrs. Frerichs visitors at her request. I regret that you will not let me visit Elinor. Do you allow anyone to visit her? Must be awful lonely there for her.

Full Article & Source:
Elder abuse by Scott Phipps: Victim denied contact with Dr. Beth Losiewicz

Linda Kincaid Reports: Elder Abuse by conservator Scott Phipps: Elder advocate Lisa Miranda speaks out

Elder advocates are speaking out against elder abuse by Oakland, California conservator Scott Phipps of Phisco Fiduciary. Phipps denies conservatee Elinor Frerichs her right to visitors and her right to phone calls. Phipps denies Elinor her right to attend court hearings on her case.

Phipps placed Elinor at Lakeside Park, a locked dementia facility. Lakeside Park keeps Elinor imprisoned and isolated. Phipps pays the facility around $7,000/month from Elinor’s estate, according to Elinor’s family.

Elder advocate Lisa Miranda sent the following email to the Alameda County Board of Supervisors.

I am a concerned citizen following this case.

Please remove conservatorship of Elinor Frerichs and restore her to her home. The conservator has acted negligently in not allowing Elinor to attend her hearing (Elinor does not have dementia), to have visitors, phone calls, and mail. Futher abuse by the public conservator is keeping Elinor in a locked dementia unit, when she has not been diagnosed with dementia. Elinor's situation is inhumane and a gross violations of her rights. Elinor's money is the conservator’s motivation in their acts of negligence and abuse.

The public conservator and Lakeside Park facility need to be prosecuted so that this never happens to any other senior. Please protect all senors and make this a case to prosecute the entities involved and to protect the rights of all seniors regardless of guardianship.

Please immediately remove Elinor from the isolation of the dementia unit she is currently in and encourage Elinor to exercise her right to have visitors, phone calls, and mail. Then replace conservatorship of Elinor Frerichs with the ability to have Elinor live in her own home with hired help. Elinor has the financial means to pay for her independence and hired help. Elinor does not control her money so she will not be susceptible to financial abuse.

Full Article & Source:
Elder Abuse by conservator Scott Phipps: Elder advocate Lisa Miranda speaks out

Linda Kincaid Reports: Elder abuse by conservator Scott Phipps: Advocates request volunteer monitors

On October 7, 2014, elder rights advocates in California addressed the Alameda County Board of Supervisors concerning ongoing elder abuse of conservatee Elinor Frerichs. Conservator Scott Phipps of Phisco Fiduciary denies Elinor her most basic civil rights: the right to companionship with friends of her choice and the right to speak for herself in a court of law.

Coalition for Elder & Dependent Adult Rights submitted the following letter to the Board.

Dear Supervisors,

RE: Request for volunteer conservatorship oversight program

We wish to thank this Board for their openness and willingness to discuss the difficult topic of elder abuse within conservatorship. We especially wish to thank Supervisor Miley and his staff for offering to work with us on language for a resolution to honor the rights of elders and dependent adults in Alameda County.

We request the Board consider recommending a volunteer conservatorship monitoring program. The American Bar Association developed manuals and training materials for such a program. New Jersey and several other states established volunteer monitoring programs with excellent results, as well as realizing savings to courts and counties. Los Angeles County had a similar Advocates for Conserved Elders (ACE) program for several years. Attorney Steven Peck said of ACE:

ACE Volunteers help serve as an extra pair of “eyes and ears” for the court in its effort to reduce isolation, loneliness and elder abuse among nearly 9,200 conserved elders in Los Angeles County.

The ACE program is now simplified to a “friendly visitor” program, bringing social interaction to conservatees. The program is managed by the non-profit Wise & Healthy Aging.
https://www.lasuperiorcourt.org/probate/pdf/ACEFactSheet.pdfhttps://www.lasuperiorcourt.org/probate/pdf/ACEFactSheet.pdf

The case of Elinor Frerichs is just one example of the potential for abuse of power as Alameda County’s conservatorship program is now administered. Our October 2, 2014 letter to the Alameda County Court Investigator demonstrated the need for volunteer oversight in conservatorship.

• Elinor’s conservator Scott Phipps denies Elinor her right to visitors and phone calls.
• Elinor’s conservator Scott Phipps denies Elinor her right to attend court hearings on her case.
• Elinor’s court appointed attorney Scott Jordan opposes Elinor’s right to visitation.
• Elinor’s guardian ad litem, Legal Assistance for Seniors (LAS), opposes Elinor’s right to visitation, and LAS applauded Phipps’ abusive practices.

On September 12, 2014, advocates attended a hearing in Berkeley Probate Court in which conservator Scott Phipps and three attorneys all opposed Elinor’s most basic civil rights. That conservator and those attorneys will all bill Elinor’s estate for their time in court and their time preparing motions in opposition to Elinor’s rights. The cost to Elinor’s estate will be thousands of dollars. Yet, Elinor’s voice was not heard.

Only through volunteer oversight programs will conservatees’ voices be heard. Only through volunteer oversight programs will churning and pillaging of conservatees’ estates be brought under control.

LAS receives nearly $1,000,000 per year in public funding. Their website states:

'The mission of LAS is to ensure the independence and dignity of seniors by protecting their legal rights through education, counseling, and advocacy.'

'Our vision is that all seniors will be able to live with safety, dignity, and the greatest possible independence regardless of their economic, social, or health circumstances.'

LAS lost sight of the goals stated on their website. With a return to ethical management and needed accountability for use of public funds, LAS could be an appropriate entity to implement a volunteer conservatorship monitoring program. Using funds they already receive, LAS could return to their mission of advocacy for the rights of seniors.

We urge the Board to recommend a volunteer conservatorship monitoring program.

Readers can contact the Alameda County Board of Supervisors to share their comments on volunteer conservatorship / guardianship monitoring programs.

District 1: Scott.Haggerty@acgov.org
District 2: Richard.Valle@acgov.org
District 3: Wilma.Chan@acgov.org
District 4: district4@acgov.org
District 5: Keith.carson@acgov.org

Full Article & Source:
Elder abuse by conservator Scott Phipps: Advocates request volunteer monitors

Lawyer indicted for theft from those he was supposed to protect

Paul S. Kormanik, a Columbus attorney considered up until two months ago to be legal guardian to more incompetent people than anyone else in the nation, was indicted today on theft charges by a Franklin County grand jury.

Prosecutor Ron O’Brien and Attorney General Mike DeWine will announce the charges this afternoon after the grand jury determined there was sufficient evidence that Kormanik stole about $41,000 from two of his wards.

Kormanik faces third- and fourth-degree felony charges and up to four-and-a-half years in prison.

In 2012, after a ward died, Kormanik made several withdrawals from the ward’s bank account totaling about $34,000, according to the indictment.

Kormanik deposited the money into his personal checking account and used the funds “to benefit himself,” according to the indictment.

In another case the indictment accuses Kormanik of transferring the remaining $7,200 of a ward’s pension into his personal account two years after the ward died.

Kormanik then gave $7,000 of that money to his wife.

O’Brien said Kormanik, 64, is expected to turn himself in at the Franklin County Jail on Friday morning.

Kormanik resigned as guardian of more than 300 wards in late August after briefly checking himself into a local hospital for mental-health treatment.

County probate Judge Robert G. Montgomery had already removed Kormanik from about 50 cases because of questionable actions, including some of those revealed in a five-day Dispatch series in May.

That series, titled “Unguarded,” found Kormanik and several other attorneys were paid hundreds of thousands of dollars over the last few years in questionable legal fees.

The court had appointed Kormanik to oversee the care and finances of hundreds of wards throughout the last decade.

Full Article & Source:
Lawyer indicted for theft from those he was supposed to protect

Why Nursing Homes Are The Worst Places For Our Elderly

If you're thinking about sending your parent to a nursing home, it's time to seriously reconsider.

Facilities for the elderly, originally created as a by-product of an effort to free up hospital beds, haven't improved much  since then. Behind their beige-colored, soup-smelling facades lurks an even nastier problem: Our society has absolutely no idea what to do with its elderly.

Once an aging parent loses the ability to function on her own, it becomes the child's responsibility to ensure she's taken care of. For many, that means finding an atmosphere that guarantees her safety.
But those priorities are completely misplaced, at least according to Atul Gawande. In his new book, Being Mortal, Gawande describes how our misguided choices have trapped the elderly in places of boredom, depression, neglect, and  abuse.

There might be a solution yet. Gawande suggests that instead of making healthcare decisions based on how they make us feel (i.e.: Is my loved one safe?) we should make decisions based on how they'll affect our family member's quality of life.

This means choosing a facility that will also respect these choices. Instead of selecting a facility that will force an older man who has fallen recently to use a wheelchair, for example, pick a place where a staff member will ask him how much being able to walk — even with the help of a cane or walker — means to him. Preserving that ability could mean all the difference in his life, even if it means he's more at risk of a slip.

Gawande speaks from experience, both personal and professional: When he's not performing surgery at Brigham and Women's Hospital in Boston or writing for the New Yorker, Gawande teaches at the Harvard School of Public Health and Harvard Medical School. When his own father (also a surgeon) was diagnosed with a massive spinal tumor, Gawande helped him grapple with a variety of end-of-life healthcare decisions, from when he should stop working to when he should go under the knife (if at all).

Healthcare spending on the elderly is immense, but we shell out the most on our deathbeds. About 25% of all Medicare spending occurs in a person's last year of life, according to a recent review in the journal Health Affairs.

While we spend the most money trying to stave off death, we waste precious time we could have used to make life as good as it can be in our final years. And life can be good — something that's finally becoming more of a focus in eldercare. "Making lives meaningful in old age is new. It therefore requires more imagination and invention than making them merely safe does," writes Gawande.

Full Article & Source:
Why Nursing Homes Are The Worst Places For Our Elderly

Turner County man exploited out of $13,000, sheriff says

Tammy NeSmith Cole faces 26 exploitation of the elderly charges while daughter Kendra Hill faces four charges
ASHBURN — A newspaper carrier and her daughter were arrested last week on exploitation charges after Turner County authorities said they took advantage of a customer on the carrier’s route over the course of more two dozen visits, getting $13,000 from the customer.

Turner County Sheriff Andy Hester said that Tammy NeSmith Cole, 48, and her daughter, Kendra Hill, 26, misled a 94-year-old resident of the county who was on Cole’s newspaper route into believing they were in dire need of money and persuaded him to give them funds, making repeated visits.

 Cole was acting alone before her daughter joined in, Hester said.

“After they found out they could get money, they went back,” the sheriff said.

Hester did not release the name of the elderly man. Members of the man’s family reported the incidents after they noticed money missing from his account. Warrants were issued against the two women, who initially ran away but eventually turned themselves in on Sept. 29, Hester said.

Cole has been charged with 26 counts of exploitation of the elderly, while Hill has been charged with four exploitation of the elderly counts. By the time they turned themselves in, the pair had stolen $13,000 from the victim, Hester said.

“He was just a good man who had been taken advantage of,” the sheriff said.

Hill has since bonded out, while Cole was still in jail Monday on a probation hold, Hester said.

Cole had been an independent contractor who delivered The Albany Herald. Her contract has been terminated.

“The Albany Herald, like most newspapers, uses independent contractors to deliver the paper,” said Thom Bell, vice president, circulation, for Southern Community Newspapers Inc., The Herald’s parent company. “There is no reason that a carrier should ever ask a subscriber for money.

Full Article & Source:
Turner County man exploited out of $13,000, sheriff says

Teen saves abused elderly man found wearing dog choke collar

JEFFERSON COUNTY, Colo. — The teen who police credit with stopping an alleged assault on a senior citizen says she had a gut feeling that made her turn down an unfamiliar road Tuesday.

Caitlin Torgerson, 17, said she was driving home from her internship when she spotted a sign for a horse boarder. She loves horses and says she decided to turn down that road in unincorporated Jefferson County.

When she turned the corner, Torgerson says she saw an elderly man walking up the road toward her. She said he appeared to wave at her. Thinking he was just being friendly, she waved and kept going.

When she turned around a few minutes later she says she came upon the man again. This time she noticed an injury on his hand and a younger man.

"The older man just kept repeating that he needed help and that this younger man is wanted by the police," Torgerson said.

But Torgerson said the man with the senior told her he was the man's caregiver and that the victim was just confused.

"The younger man approached the older man pretty violently. He grabbed him by the neck and started pulling him backwards," she said. "And that was not a careful thing. I mean with older people, I feel like you should be more delicate."

Torgerson said the caregiver told her she shouldn't be there, so she drove away. Not believing the man's story, she called police while parked at a nearby intersection.

"I waited for the police to show up, and I pointed them to where the house is," she said.

Police say they arrived at the home to find the 75-year-old victim with a dog choke collar around his wrist, and the caregiver hiding in a room downstairs.

Robert Bozarth, 21, was booked into the Jefferson County Jail on first-degree kidnapping, second-degree assault and theft from an at-risk adult. He is currently being held on a $500,000 bond.

Full Article & Source:
Teen saves abused elderly man found wearing dog choke collar

The Forgotten ones: Compassion for the Elderly

We are all here because we love and care for the elderly, but it is not enough to care in our hearts alone. We must put our love into action. We must commit to 'doing' as well if we hope to end the sadness. Please, make that commitment and volunteer. — with Gina DeMarco.

Source:
Facebook:  The Forgotten Ones:  Compassion for the Elderly

Judicial candidate resigns from Nevada ethics commission

The executive director of the Nevada Commission on Ethics has resigned amid allegations less than a month before her judicial election Nov. 4.

Caren Cafferata-Jenkins, who has served as the commission's executive director for five years, made the announcement Monday, saying she plans to resign Thursday.

Cafferata-Jenkins is running against Judge Chuck Weller in Department 11 in Washoe County Family Court.

Her resignation comes after Michael Lawrence, a former senior investigator for the ethics commission, filed a complaint against her in June that alleged she used her office at the ethics commission to further her campaign.

Lawrence alleged Cafferata-Jenkins turned the commission office "into her own personal 'Kinko's,'" according to the complaint he filed June 16, six days after Cafferata-Jenkins advanced in the primary.

Cafferata-Jenkins denied those allegations and said Lawrence has a "vendetta" against her after losing his job in April, noting he filed the complaint after she advanced after the June 10 primary election.

Cafferata-Jenkins said Monday she decided to resign because media attention of Lawrence's complaint inaccurately attracted attention to the questions on whether she is legally allowed to run for an elected office while simultaneously holding a position as the executive director of the Nevada Commission on Ethics.

"I want to take attention away from the commission and to let people have an idea who I am," she said in a phone interview. "My perspective: it is about me, not about the commission. If there is attention to be given, let it be given to me. And if Mike Lawrence wants to demean me, let him. But he cannot take down the commission."

Lawrence said he never intended to make this about the commission.

"It was always about her," he said Monday. "Never about the commission. Nobody ever implied I was going to take down the commission."

Full Article & Source:
Judicial candidate resigns from Nevada ethics commission

3 South Fla. lawyers face disciplinary action

PEMBROKE PARK, Fla. -Florida Supreme Court in recent court orders disciplined 15 attorneys; disbarring three, revoking the licenses of four and suspending eight. One attorney received more than one form of discipline and was also ordered to pay restitution.

Below is a list of the South Florida lawyers who has cases before the Florida Supreme  Court.

As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 98,000-plus lawyers admitted to practice law in Florida.

 **Raymond R. Beitra, 5892 W. 3rd Court, Hialeah.

The Court granted Beitra's request for a disciplinary revocation, effective immediately, with leave to seek readmission after five years, following a June 2 court order. (Admitted to practice: 1992) Disciplinary revocation is equivalent to disbarment. Beitra had several Florida Bar disciplinary complaints pending against him regarding contempt, neglect of client matters and inadequate communication. (Case No. SC13-1290)

**Stuart Carl Hoffman, 1075 Broken Sound Pkwy. N.W., Suite 102, Boca Raton.

The Supreme Court suspended Hoffman for 91 days, effective immediately, following a July 25 court order. (Admitted to practice: 1990) Hoffman was found in contempt for failing to comply with the conditions of a July 16, 2013, suspension order. Specifically, Hoffman was required to provide a sworn affidavit to The Florida Bar within 30 days of his suspension, listing the names and addresses of all persons and entities that were furnished a copy of his suspension order. (Case No. SC13-2420)

**Tara Renee James, 1835 N.E. Miami Gardens Drive #347, North Miami Beach.

James was suspended by the Supreme Court until further order, effective 30 days from a July 16 court order. (Admitted to practice: 1996) James was found in contempt for non-compliance and failure to respond to an official Bar inquiry. (Case No. SC14-895)

Full Article & Source:

3 South Fla. lawyers face disciplinary action

Linda Kincaid Reports: Elder abuse by Scott Phipps: Victim denied contact with advocate Diane Wilson

Elder rights advocates across the country are watching the unfolding case of elder abuse by Oakland, California conservator Scott Phipps of Phisco Fiduciary. Phipps’ conservatee Elinor Frerichs (91) is unlawfully imprisoned and isolated at Lakeside Park, a locked dementia facility.

Phipps and Lakeside Park allow Elinor no visitors and no phone calls. Elinor is denied contact with family, friends, and elder rights advocates. She has no way to retain legal counsel to represent her interests. Elinor is alert, oriented, and despairs of having no one who can engage in intelligent conversation at the “booby hatch.”

Elder rights advocate Diane Wilson (daughter of elder abuse victim Dorothy Wilson) contacted Scott Phipps to ask for visits and phone calls with Elinor. Wilson identified herself as a member of the National Association to Stop Guardian Abuse (NASGA). Phipps’ response would indicate that he is in favor of guardian (conservator) abuse.

On September 16, 2014, Wilson wrote:

To: Scott Phipps,

I was appalled when I read the story of Elinor Frerich and the fact that you refused to allow Elinor to attend her own hearing; you also asked the court to take away her rights to visitation from friends and elder advocates. Why would you do such a thing? Why do you want to hurt another human being? Freedom is a God-given right, one that man or woman cannot take away from another human being without breaking every universal law there is.

I decided to do some research and read a little bit about you. According to your website you state the following:

"My goal is to keep you in control of your money; assist you in times of transition and when the time comes, honor the wishes and intent of your will or trust."

"Phisco Fiduciary helps people maintain maximum independence and self-reliance by providing assistance with financial affairs – from day-to-day matters to wills, estates and trusts…and everything in between. We adhere to the highest Fiduciary standards and practices; advocate and protect clients’ civil & legal rights strictly abide the code of ethics of the Professional Fiduciary Bureau, and the Professional Fiduciary Association of California."

I read that you also served as a minister. The job of a minister is to "minister" to the needs of people; to serve God and help people, not to destroy them. You also say that you will advocate and protect your clients’ civil and legal rights. Please, Mr. Phipps, honor the words you speak and set Elinor free.

Regards,
Diane Wilson
NASGA Member
Daughter of Dorothy Wilson
https://www.facebook.com/savedorothywilson?ref=bookmarks
http://judicialdestructionofdorothy.wordpress.com/

On September 16, 2014, Wilson wrote:

To: Scott Phipps,

I understand that in order for Elinor Frerich to have visitors and/or have phone calls all requests to do so must go through you? I also understand that Elinor loves to talk and cherishes visitors and going out to eat, something we all take for granted.

I would like to visit Elinor when I am in the area and take her out to lunch. I also would like call her on a weekly basis. Please add me to her list of visitors and callers.

Thank you in advance.

Regards,
Diane Wilson
NASGA Member
Daughter of Dorothy Wilson

On September 17, 2014 Phipps wrote:

Ms. Wilson:

Due to your association with the NASGA (StopGuardianAbuse.com) as noted in the signature of your email making you a direct associate with Linda Kincaid and Examiner.com I am going to deny your visits and calls to Elinor Frerichs. Linda Kincaid is a known associate of Kennett Taylor and she is denied visitation to Ms. Frerichs.

Scott S.H. Phipps, MDiv, CLPF, NCG
CA Licensed Professional Fiduciary #11
Fiduciary Services: Trustee, Estate Administration, Conservator, Power of Attorney, Bill Pay Assistance/Daily Money Management.
http://www.phiscoseniorservices.com/
510-508-9588 mobile 510-315-6993 fax
484 Lake Park Avenue #20
Oakland CA 94610 USA

On September 17, 2014, Wilson wrote:

To: Scott Phipps

I am amazed at what you are doing to Elinor Frerichs, a human being with fundamental God-given rights that neither you nor anyone else has the right to take away. However, after being thrust into the horrific, corrupt and abusive world of guardianship with my own mother, I cannot say I am surprised anymore. My mother was killed due to guardianship abuse and of course, for her very small estate.

Sadly, it is all about money; always about money; never about anything else. Some people also enjoy the rush they get from the power of controlling another human being, not unlike the slave owners. I actually do feel sorry for you Mr. Phipps, because you will have to answer to a higher power someday. Of course, you have heard about karma, and it comes around quite quickly in this lifetime.

I do pray that you wake up one day, very soon, and do the right thing by Elinor. She is a sweet innocent woman who has not committed any crimes, just like my mother. I know my Mom is watching over her, along with the other thousands of elder/guardianship abuse victims. Although they are in Spirit form, they are a force to reckon with.

Diane Wilson
NASGA Member
Daughter of Dorothy Wilson

Phipps did not respond to Wilson’s impassioned plea for Phipps to “do the right thing by Elinor.” On October 5, 2014, Wilson followed with another email:

To: Scott Phipps
Re: Elinor Frerich

I wrote to you previously stating that I would like to visit and have weekly calls with Mrs. Elinor Frerich, an innocent elderly woman who has been locked away and isolated from all friends and family and advocates against her will. I am still trying to wrap my head around how you are getting away with such criminal abuse of another human being.

Please reconsider my request. Mrs. Frerich is no less a human being than you are; she has the same God-given rights we were all born with.

Regards,
Diane Wilson
NASGA Member
Daughter of Dorothy Wilson

To date, Phipps has denied all requests for visits or phone calls with Elinor. Phipps denied a visit request from this Examiner because we interviewed Elinor’s husband. Phipps then denied requests from individuals who had contact with this Examiner, alleging those individuals were somehow tainted by our association. Phipps then denied requests from individuals who might have contact with Examiner.com or with NASGA. His reasons for denial grow increasingly bizarre.

Readers may contact Scott Phipps directly to request a visit or a phone call with Elinor.
scottphipps.phisco@gmail.com

Full Article & Source:
Elder abuse by Scott Phipps: Victim denied contact with advocate Diane Wilson

Erie County Common Pleas judge to remain on bench during Judicial Conduct Board ethics case

HARRISBURG, Pennsylvania — An Erie County judge accused of disrespecting litigants and mishandling cases can remain on the bench until the Court of Judicial Discipline deals with those charges.

The Judicial Conduct Board in July charged Erie Common Pleas Court Judge Stephanie Domitrovich with violating behavioral standards for judges, failing to disqualify herself from certain cases and providing misleading and false answers to the board's lawyers. The board had also asked the Court of Judicial Discipline to suspend her in the meantime, but the court refused after a hearing Monday.

The Erie Times-News (http://bit.ly/1CDOr3R ) reports defense Leonard Ambrose III argued that leaving Domitrovich on the bench doesn't undermine public confidence in the courts.

The judge has heard 493 cases involving 110 attorneys since July, Ambrose said, and "The roof of the Erie County Courthouse hasn't fallen in."

Full Article & Source:
Erie County Common Pleas judge to remain on bench during Judicial Conduct Board ethics case

In Japan, Guardianship Initiated by Local Government on the Rise

The number of cases in which local government heads applied to family courts for adult guardianship on behalf of residents’ relatives, mostly elderly suffering from dementia and handicapped people, reached a record high of 5,046 last year, according to the Supreme Court.

The number nearly tripled from five years ago, making local government heads the second most frequent applicants for adult guardianship at family courts. There is concern over a possible shortage of guardians in the future, as more and more elderly people have few they can turn to for support.

Many applications by city, ward, town or village mayors are made upon reports from their neighbors or welfare service staff, when elderly persons suffering from dementia have no relatives nearby or are abused at home.

The number has continued to rise since the adult guardianship system was introduced in fiscal 2000, when there were only 23 applications, or 0.5 percent of all, made by local government heads. The 2013 figure showed an increase of 503 cases from the previous year.

In 2013, there were 34,215 cases where guardians were appointed for adults who are considered to lack adequate judgment, for reasons such as dementia or mental incapacity. The guardians were selected by family courts to manage those people’s estates and to make contracts on their behalf—to move them into nursing homes, for example.

Applications by local government heads accounted for 14.7 percent of all the cases in 2013, exceeding those by “brothers and sisters,” 13.7 percent, and by “other relatives,” 13.4 percent, for the first time. The number of applications by children was in top place, with 34.7 percent.

Full Article and Source:
Local Governments Apply for More Guardianships

Linda Kincaid Reports: Elder abuse by Scott Phipps: Boomers Against Elder Abuse reports

 

Oakland conservator Scott Phipps keeps conservatee Elinor Frerichs (91) imprisoned and isolated at Lakeside Park dementia care facility in Oakland, California. Elinor is not diagnosed with dementia. She is not a danger to herself or others.

Elinor is an attractive target for exploitation because her estate is worth around $5,000,000. As conservator, Phipps has access to Elinor’s estate to pay himself and “service providers” of his choice. A very lucrative position.

Boomers Against Elder Abuse Facebook page asks:

What happens when "incapacitated" adults and elders are deprived of Constitutional Rights to freedom, property, and the right to sign contracts?

Elinor is not “incapacitated.” Elinor’s primary care physician had no concerns about Elinor having dementia. Two different psychologists determined that Elinor had capacity at the time she was placed under conservatorship. Yet, Elinor is denied basic rights and freedoms that most Americans take for granted.

Marcia Southwick, founder of Boomers Against Elder Abuse, asked Scott Phipps for a visit with Elinor. Phipps’ responses to Southwick led elder rights advocates to question Phipps’ capacity and ability to reason.

On Sep 14, 2014, Southwick wrote:

Dear Mr. Phipps:

May I have permission to visit Elinor Frerichs? I'm an elder advocate, and I understand that all requests must be received and approved by you, and that you are the person who decides who can visit and who cannot in the best interest of the ward.

I would like to visit Elinor on any day that is acceptable to you. I hear that she loves company, has received visits from other advocates, and enjoys discussing her current situation and her past. Let me know dates and times that are available for a visit.

Thank you--
Marcia Southwick

On September 15, 2014, Phipps wrote:

Ms. Southwick:

Before I allow anyone who is unknown to Ms. Frerichs to visit I need to know the following:

How do you know Elinor?

As an elder advocate, what group/s are you associated with?

I know you will appreciate my questions as they are in the best interest of the Conservatee.

Scott Phipps, MDiv, CLPF, NCG
CA Licensed Professional Fiduciary #11

On September 15, 2014, Southwick wrote:

Dear Mr. Phipps,

I do not know Elinor personally, but her situation has come to my attention by way of The Examiner. My group is called Boomers Against Elder Abuse, with 70,000 followers on Facebook who have been concerned about Elinor's welfare for some time now.

Thank you--
Marcia

On September 15, 2014, Phipps wrote:

Ms. Southwick:

Given the timing of your request and fitting with the campaign that Linda Kincaid has begun in conjunction with the group Stop Guardianship Abuse via Examiner.com, and you do not know Elinor I am going to deny your request to visit Elinor. Ms. Kincaid is a known associate of Kennett Taylor and has been denied visitation with Elinor.

Scott Phipps, MDiv, CLPF, NCG
CA Licensed Professional Fiduciary #11

On September 17, 2014, Southwick wrote:

Dear Mr. Phipps,

I gather that the circle of people who can't visit Elinor Frerichs is quickly growing. I thought her husband and his friends were not allowed to visit. Now it turns out that friends of his friends can't visit, even if they don't know him.

I have a question: Does this ban also apply to friends of the people whose friends have friends who happen to know Kennett Taylor?

Thank you--
Marcia Southwick
Boomers Against Elder Abuse

Phipps did not respond to Southwick’s question about the growing circle of individuals who are denied contact with Elinor. Advocates may never receive clarification as to the degrees of separation that Phipps requires in order to allow a visit.
 

Full Article & Source:
Elder abuse by Scott Phipps: Boomers Against Elder Abuse reports

AL residents hold protest demanding Judge Mark Fuller resign

MONTGOMERY, AL (WSFA) -Federal Judge Mark Fuller, who presides over Alabama's middle district, is being asked to resign after being arrested last month over domestic violence charges.

Fuller entered a pre-trial diversion program after being arrested on domestic violence charges after he allegedly hit his wife.

Citizens gathered on Saturday in Montgomery at the Federal Courthouse to call for Fuller's resignation.

Several leaders have already said Judge Fuller needs to step down including Governor Robert Bentley and several US Congressional leaders.

Bentley has stated that the judge has jeopardized the public's trust with his actions.

Alabamians rallied on Saturday saying the judge has no right serving on the bench.

Fuller was arrested in August at an Atlanta Hotel after his wife called 911 saying he was beating her.
Fuller was charged with domestic violence, but he avoided prosecution with a plea deal that will remove the arrest from his record.

Protestors say that's not enough and say he should lose his job. They believe he should be removed from his appointment as Judge, saying if he can't abide by the laws than he certainly can't rule on them.

"It's unfair for him to judge other people on the law and constitution of these United States and he's violated each code of conduct and canon laws that these United States were founded on," said Montgomery resident Karen Jones.

Full Article & Source:
AL residents hold protest demanding Judge Mark Fuller resign

Bankruptcy lawyer gives up law license to avoid federal fraud charges

A New Orleans lawyer who was suspended for advising the disgraced U.S. District Judge Thomas Porteous of Metairie to file for bankruptcy under an alias will give up his law license permanently to avoid criminal prosecution in another fraud case, officials said Friday. The Louisiana Supreme Court announced it would let Claude Lightfoot voluntarily give up his law license in lieu of professional discipline, but the move also spares Lightfoot from federal prosecution on a fraud charge, said Charles Plattsmier, chief disciplinary counsel for the Louisiana Attorney Disciplinary Board.

Lightfoot was indicted in 2012 on charges of helping a bankruptcy client hide $24,000 from creditors. Trial is pending.

"It was a new one for me, frankly," Plattsmier said. Federal prosecutors "felt that his crimes were linked to his bankruptcy practice. They thought they could protect the public by getting him to agree to surrender his law license permanently. It was a little unusual."

Lightfoot previously was suspended for six months in 2012 for instructing Porteous to file his bankruptcy petition under a slightly altered version of his real name, to avoid public embarrassment. A judge in Jefferson Parish before he was appointed to the federal bench, Porteous was later impeached by the U.S. House of Representatives for misconduct exposed in the FBI's Wrinkled Robe investigation of corruption in the Gretna courthouse and other misdeeds. The Senate removed him from office.

The Disciplinary Board had been monitoring Lightfoot's criminal case but had not acted to suspend his license while the charges were pending, Plattsmier said. Had he been convicted, Lightfoot could have been permanently disbarred, Plattsmier said.

Full Article & Source:
Bankruptcy lawyer gives up law license to avoid federal fraud charges

Bill would spell out wards’ legal rights in guardianship system

State representatives have drafted legislation to reform Ohio’s guardianship system, using problems exposed in a series of stories in T he Dispatch as a guide, Rep. Dorothy Pelanda said.

“This is about protecting the state’s most vulnerable people,” Pelanda said. “We want to hold those in charge of others responsible and ensure they know what’s expected of them.”

Pelanda, of Marysville, and state Sen. Shannon Jones, of Springboro, both Republicans, are behind House Bill 624, which calls for a ward’s bill of rights. The bill also would require probate courts to give guardians a handbook that specifies how to care for a ward, manage assets and talk with doctors.

A Dispatch investigation in May uncovered unscrupulous lawyers and selfish family members who are court-appointed guardians for people the probate judge has deemed to be incompetent to handle their own affairs. The series, available online at Dispatch.com/unguarded, showed how they are allowed to abuse the wards they are supposed to protect and to steal from them.

Each county probate court has its own rules on how to oversee guardianships. The Dispatch investigation found that there were no statewide standards and that many courts lacked necessary safeguards or ignored their own rules.

The bill proposes to codify 19 separate rights. First, a ward must be “treated with dignity and respect.” Other important rights for wards would force courts to implement changes:

• Wards would be given copies of all medical, financial and treatment records submitted to the court in their case so that they could review them. Nearly all courts surveyed last year by T he Dispatch did not send copies of those documents to wards.

• Wards would be allowed to speak privately with an attorney, ombudsman or other advocate upon request.

• Wards would be able to meet with an attorney and independent expert for evaluation and have the costs for those things paid by the court if the ward were indigent. Some courts do this, but many do not, the investigation found.

• Wards would be able to bring a grievance against their guardian, to ask the court to review a guardian’s actions and to request removal and replacement of a guardian. Wards also could ask a court to restore certain rights (to marry, vote, drive) if they could show they had regained the capacity to make some or all decisions.

Many courts have a process that allows a ward to file a request to remove a guardian. In some courts, such as Franklin County’s, evidence introduced by a ward or concerned family member about a guardian’s actions is put in the ward’s file with some variation of the label “non-evidence, correspondence only.”

Full Article & Source:
Bill would spell out wards’ legal rights in guardianship system

KIRTLAND, OH – FRACTURED ARM OF RESIDENT RESULTED FROM UNTRAINED AIDE

GOLDEN LIVINGCENTER-KIRTLAND  was recently cited by the DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES for the following deficiencies:


PLEASE NOTE: The following text is only a portion of the full report/survey submitted by DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES. The full report/survey can be found here.

THE FACILITY FAILED TO ENSURE NECESSARY CARE AND SERVICES WERE PROVIDED

Level of harm – ACTUAL HARM

Based on observation, interview and record review, the facility failed to ensure necessary care and services were provided to Resident #138 in a manner to prevent harm, which resulted in a fractured left arm. The facility also failed to ensure care and services were provided to prevent falls for Resident #31 and Resident #165.

Continuing: The two STNA’s involved in the incident were STNA’s #205 and #206. Review of the personnel record for STNA #205 revealed a 05/07/14 Separation Action Form with the reason of incomplete certified nursing assistant training. Further comment indicated the STNA took the certification test three times and did not pass.

Continuing: Review of the grievance log dated 05/02/14 indicated the family of resident #138 no longer wanted the STNA’s to work with the resident after the fracture occurred. The staff failed to follow facility policy and the residents care plan that indicated when the resident is resistive to care the staff are to stop providing care, and alert the nurse to the behavior. The STNA’s continued care of the resident which resulted in a fracture left femur.

Full Article & Source:
KIRTLAND, OH – FRACTURED ARM OF RESIDENT RESULTED FROM UNTRAINED AIDE

Porn Email Claims Could Trigger Discipline For Pa. Justice

Law360, Philadelphia (October 02, 2014, 6:51 PM ET) -- Reports that a justice on Pennsylvania’s Supreme Court exchanged sexually explicit emails with an employee in the state attorney general’s office — if ultimately substantiated — could lead to disciplinary actions under the state’s Code of Judicial Conduct, according to the state’s top jurist and a leading state advocate of judicial reform.

The attorney general’s office would not confirm a report released by the Morning Call newspaper Thursday that Justice Seamus McCaffery had used a personal email account to share the emails with a staffer in...

Full Article & Source:
Porn Email Claims Could Trigger Discipline For Pa. Justice

Tonight on T.S. Radio: Elder Abuse: The Other Side of a Dark Issue

Join me as Attorney Al Lanuto, and Marcia Southwick of Boomers Against Elder Abuse talk with us about the other side of elder abuse.

While the majority of abuse occurs at the hands of professional predators in the system, there is always the spectre of abuse and financial exploitation at the hands of a family member or friend.

When it does, it is the wedge used by professionals to insert themselves into the estate.

We will be talking about how and why this occurs and how to recognize early signs of the exploitation that may be just beginning.

Please be advised that Mr. Lanuto CAN NOT, and WILL NOT give individual legal advice during this episode. We will not be discussing any specific cases.

5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

Calls will be taken in the last half hour.

LISTEN LIVE or listen to the archive later

See Also:
FB: Boomers Against Elder Abuse

Taking My Mom

Source:
Taking My Mom

Financial Exploitation Expert Joe Roubicek Quoted in AARP's Bulletin

Before the move

Notify the post office at least seven to 10 business days before your move.

During the move

Supervise everything. Your presence can deter sticky fingers. If you can't be there, designate a trusted person to be your eyes and ears.

After you arrive

Within 30 days of your move, verify that all mail is coming to the new residence. Ensure that old utility, cable or other accounts have been closed.

Three months after the move, get a free copy of your credit report online at annualcreditreport.com to ensure that no fraudulent accounts have been opened in your name.

This is especially important for snowbirds. Crooked store clerks know that "with a seasonal visitor, they have a better chance of using that card without getting caught," says Joe Roubicek, author of Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes.

Full Article and Source:
Keeping Your Personal Information Safe When You Move

See Also:

Financial Exploitation of the Elderly: A Detective's Case Files of Exploitation

Guardian Angels, inc. : The Vile Business of Corrupt Guardianship

Clinton lawyer pleads guilty to drug charge

CLINTON – Clinton lawyer Dodie Junkert pleaded guilty Tuesday to felony drug conspiracy charges.

The plea came as a bench trial was set to begin on nine drug charges against the 51-year-old attorney related to a 2013 police investigation into cocaine sales in Central Illinois.

The plea deal that resulted in dismissal of the other eight counts was reached after a meeting Tuesday between Junkert, her attorneys and two lawyers with the Illinois Attorney General's Office. Junkert pleaded guilty to conspiracy to deliver a controlled substance near a school.

In a statement given to Judge Dan Flannel by Assistant Attorney General John Kezdy to support the drug trafficking charge, Junkert was accused of going to the home of Mary Smith to obtain cocaine for herself and another woman. The location of the drug transaction was less than 100 feet from a Clinton elementary school, Kezdy noted.

Junkert faces a sentence ranging from probation to seven years in prison when she is sentenced Nov. 20. No sentence is specified under the plea deal.

In comments to Junkert, the judge explained the potential penalties for the offense and asked several times if she understood the terms of her plea. Junkert affirmed that she understood the consequences of her admission to a drug crime.

Kezdy asked the judge to inform Junkert that she also faces potential discipline from the Illinois Attorney Registration Disciplinary Commission, including loss of her law license.

Defense lawyer James Brinkoetter responded that Junkert "is fully aware of her responsibility to report this conviction to the ARDC."

Earlier this year, Junkert was suspended from practicing law for one year by the ARDC for mishandling client funds.

The commission said Junkert, who was licensed to practice law in Illinois in 1998, failed to deposit client funds into a trust account to cover anticipated legal expenses. The lawyer also failed to prepare and maintain ledgers and other records related to client funds, the ARDC said.

Full Article & Source:

Clinton lawyer pleads guilty to drug charge