UNGUARDED: 'Everyone passes the buck'

by Mardi Link

Sep. 23—HARBOR SPRINGS — Coney dogs were on the lunch menu recently at Hillside Apartments and, before fixing his plate, resident George Pappas stood in the center of the dining room, addressing his neighbors.

"I'm Clark Kent!" Pappas said with a soft chuckle, "which is why I'm still here."

The Record-Eagle, since November 2020, has chronicled Pappas' legal and financial struggles, after a court-appointed conservator went on a spending spree with his savings, and later pleaded guilty to embezzlement from a vulnerable adult.

Pappas, 97, is a World War II veteran, a retired railroad worker and a widower, and those who know him describe him as kind-hearted and gracious — not unlike Superman's mild-mannered alter ego.

In 2021, an Emmet County judge sentenced the conservator, Elise Page, to several months in jail, two years' probation and about $17,000 in court fees and restitution.

Page paid her court fees and was released from probation, but Pappas is still owed more than $10,000, court records show.

Pappas received $2,500 from a state victim's rights fund, and $900 in several payments from Page administered by the county's probation department.

About $14,000 of the restitution remains unpaid. Pappas says he has lost faith in the courts to collect and his friends say, because of that, Pappas' moment of levity in the dining room Friday has become increasingly rare.

"He's tore up. This is not right. Everyone knows it's not right — but no one will do anything about it," said Matt Bush, services coordinator at the senior apartment complex where Pappas lives.

With Bush's help, Pappas has advocated on his own behalf to the Emmet County courts, the county's probation department, the Emmet County prosecutor, the Michigan Attorney General's office, the AG's Elder Abuse Task Force, the Veteran's Administration and local, state and national elected officials.

"None of them have been able to get my money back," Pappas said. "Everyone passes the buck."

Bush said national elected officials told him the issue was local, while local officials say legislation bars courts from jailing people solely for financial reasons.

Emmet County court officials did not return calls seeking comment Friday, but correspondence from an assistant prosecutor, Mike Schuitema, bears this out.

"I know this isn't a great answer for Mr. Pappas, but the courts are prohibited from putting people in jail simply due to unpaid money and the probation department intends to end her probation, at which time the criminal case will be completely concluded," Schuitema wrote in a July email to Bush.

"The only avenues left will be through private attorneys putting garnishments on her wages or liens on her property," Schuitema said.

Bush said he'd been given fee estimates of $20,000 to $30,000 for Pappas to hire a private attorney; Pappas' net worth in 2020, when he was appointed the conservator, was about $64,000 plus his car.

In June, Pappas and Bush filed an online complaint against Emmet County courts with the Judicial Tenure Commission.

The JTC is an independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for recommending discipline of judicial officers by the Michigan Supreme Court.

Commission Executive Director Lynn Helland said Friday the office was bound by strict rules of confidentiality, which prohibited him from commenting.

"I can't even confirm whether or not a complaint has been received," Helland said, adding that a complainant was free to speak publicly about their complaint if they wanted to.

Pappas wanted to.

"I used to have faith in the courts, faith in the system, but no more," Pappas said. "They got their money. The court fees those were all paid first. I'm last."

Pappas does have a written response from the Judicial Tenure Commission, dated June 20, which states they'll look at the information Pappas submitted and determine whether an investigation is warranted.

"If further action is indicated," the response states, "the Commission may authorize a full investigation."

The Commission, however, does not have authority to change a judicial order.

After lunch Friday, Pappas and Bush met privately to go over paperwork. Pappas carried a folder, on the outside of which he'd handwritten a quote from George Washington: "Truth will ultimately prevail where pains is taken to bring it to light."

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UNGUARDED: 'Everyone passes the buck'

See Also:
Unguarded: Michigan’s guardianship system leaves vulnerable exposed