All Judges Are Considerate, Measured, Conscientious, and Fair....Well...Almost All

In Houston, Texas, a judge has issued what amounts to a landmark ruling by permitting a wrongful death lawsuit against a probate judge, concerning an adult guardianship case, to proceed.

A woman sued the judge stating that her elderly mother, a ward of the state under guardianship, had suffered broken bones and a rapid decline, due to an order to discontinue her physical therapy thus causing her muscle problems to worsen and contributing to her malnutrition.

In addition, she claimed that the judge ignored requests for emergency relief, including a request made two days before the woman died. Clearly the judge did not exercise reasonable diligence in monitoring the guardians obligation to this woman.

This is a truly brave decision by Judge Rosenthal and can go a long way to help Texas with the problems they have been having with judges and guardianship cases.

A Probate Judge was admonished by the State Commission on Judicial Conduct for referring to a proposed ward in a case before her as "Mr. Maggot" and "Maggot Man.” In April, the Texas Judicial Council admitted to the US Congress that nearly half of adult guardianship cases in the state are out of compliance with reporting requirements.

Texas Estates Code (TEC) specifically states that a judge is liable on a Judge's bond to those damaged if damage or loss results to a guardianship or ward because of the gross neglect of the judge to use reasonable diligence in the performance of the judge's duty under this subchapter.

“It creates a limited waiver of judicial immunity, allowing recovery for losses directly tied to the judge’s duties under the subchapter,” wrote Rosenthal in her decision.

Full Article and Source:
All Judges Are Considerate, Measured, Conscientious, and Fair....Well...Almost All

 See Also:
The EARN Project (Elder Abuse Reform Now)

The Unforgivable Truth

NASGA: Willie Jo Mills, TX Victim