Showing posts with label Ex Parte. Show all posts
Showing posts with label Ex Parte. Show all posts

Wednesday, September 3, 2014

Judge Stanley Ott Has Ex Parte Communication in High Profile Kristy Gaffney Adoption Case; Case Must Be Overturned Adoption Advocates Say

This is a statement from Amy Walczak, Board Member of Jacob's Staff Foundation, an adoption and custody advocacy group.

Amy Walczak, Board Member of Adoption Advocates Jacob's Staff, was just notified of inappropriate and illegal communications between Pennsylvania Judge Stanley Ott and local adoption attorney Jay Ginsburg during a closed adoption and custody case, Walczak says.
 
"The adoprion case must be overturned," Walczak said. "The improper communications violate the law and put all Judge's Ott's previous rulings on this case in question."
 
The email shows that Judge Ott called Ginsburg to the side of the court room after a routine case to gossip about the case. Ginsberg was the former adoption attorney in the case and this ex parte communication was illegal, says Walczak. At the time Gindburg had a case before Judge Ott about this matter, Walczak added.
 
According to Walczak, this is the second complaint about Judge Ott's role in this case. Walczak says Ott held a secret meeting with attorneys who are part of the case. The secret meetings dropped charges against one party but not another and suppressed evidence, says Walczak. The meetings and dropped charges against one party were not revealed to the client, a violation of the law, she says.
 
"It's clear these rulings can not be allowed to stand," said Walczak. "We need a new Judge and new attorneys to give this beautiful baby girl a new and fair trial."

Saturday, March 8, 2014

Washoe County District Judge Authors, "Who is Guarding the Guardians?"

The Jason Hanson and Guadalupe Olvera cases are not isolated. The exploitation of the disabled and elderly illustrated in both cases is just the tip of the iceberg in a racketeering enterprise running rampant throughout Nevada and the US.  

A Washoe County District Court Judge has authored the following paper to help improve guardianship systems and monitoring in his county, something completely lacking in Clark County. 

The reform that Judge Hardy recommends would put a stop to the abuse caused in Clark County Family Court by appointed "Guardianship Commissioners" like Jon Norheim - a former mob lawyer - - who rubber stamps everything greedy private guardians like Jared E. Shafer want. - SM

Source:

AmericanMafia.com


Who is Guarding the Guardians?  A Localized Call for Improved Guardianship Systems and Monitoring
By: Judge David Hardy, Second Judicial District Court, Washoe County, Nevada
 
What is generally described above remains specifically accurate in Washoe County, Nevada. A statistical analysis of local guardianships demonstrates that Washoe County guardianships do not compare well to “exemplary” courts in which best practices exist. As but a few examples, 64% of all Washoe County guardianships begin as temporary guardianships in which an order is entered before the proposed ward is given notice of the action and an opportunity to respond. The judges granted 99% of the ex parte petitions for temporary guardianship. Few proposed wards are represented by counsel or guardians ad litem. Only 7% of the petitions sought limited authority in recognition of the proposed wards’ situational capacity. Inventories, personal status reports, and financial accountings were late or missing in alarming numbers. There were also recurring substantive problems relating to the content of petitions and medical evidence, sufficiency of notice, consistency of orders and financial accountings, statutory noncompliance with inventory requirements, widely divergent administrative expenses, and post-death property disposition orders. Finally, judges have no county resources with which to investigate the propriety of guardianship or monitor the performance of their guardians. Washoe County can improve its guardianship systems and adopt best practices by implementing several reforms, each of which is fully discussed in this article.

READ "Who is Guarding the Guardians? A Localized Call for Improved Guardianship Systems and Monitoring "

See Also:
The Jason Hanson - Jared E. Shafer Story"  "Special Administrator" Jared E. Shafer Takes House and Inheritance From 24-Year-Old Man With Cerebral Palsy

Guadelupe Alvera, NV/CA Victim

Marcey E. Dudeck, NV/CA Victim

Wednesday, January 23, 2013

TN: Complaints Lead to Suggested Changes in Conservatorship Law

The Tennessee Bar Association has approved a series of recommended changes in the state law governing conservatorships including first time procedures to place a person in a conservatorship on an emergency basis without notice.

The recommendations, approved over the weekend by the association’s board of governors, will be forwarded to legislative leaders within the next few weeks, said Allan F. Ramsaur, executive director of the association.

In addition to establishing the emergency placement process, the 16 recommended changes in the law clarify the role of court appointed attorneys, known as “guardian ad litems,” assigned to investigate the need for a conservatorship and report back to the court with a recommendation.

The Tennessee Bar Association has approved a series of recommended changes in the state law governing conservatorships including first time procedures to place a person in a conservatorship on an emergency basis without notice.

The recommendations, approved over the weekend by the association’s board of governors, will be forwarded to legislative leaders within the next few weeks, said Allan F. Ramsaur, executive director of the association.

In addition to establishing the emergency placement process, the 16 recommended changes in the law clarify the role of court appointed attorneys, known as “guardian ad litems,” assigned to investigate the need for a conservatorship and report back to the court with a recommendation.

The proposal would require that the person being placed in the conservatorship be given notice within 48 hours and that a hearing be held within five days. The emergency appointment would be for a maximum of 60 days.

“The existing law does not have enough specificity,” [Jacson Attorney Pamela] Wright said, adding that the changes would give more protections to those being placed in a conservatorship.
Among those changes, she said, was to make it easier for a person placed in a conservatorship to appeal and get separate legal representation..

Other changes proposed include a requirement that the order creating a conservatorship include the specific rights that are being taken away and also any rights that are being retained. Another change would require that a conservator file more frequent financial reports, including one at the end of the first six months of the conservatorship.

Last year the General Assembly approved two changes in the conservatorship law. One requires that a proposed conservator disclose whether he or she has a criminal record. The other requires the proposed conservator to disclose his or her relationship with the person being conserved.

Tinnon, who now lives in public housing a few blocks from the house that was auctioned off to pay bills while she was in a conservatorship, said she was not aware of the recommendations but had one question.

“If they change it (the law) when will I get my stuff back?” she asked.

Full Article and Source:
Complaints Lead to Susgested Changes in Conservatorship Law

TN: Danny Tate, In Court-Ordered Hell

It was [over ]five years ago  that David E. Tate, Petitioner, along with notorious attorney Paul T. Housch, entered “Judge” Randy Kennedy’s court to conduct an “emergency” Ex Parte hearing “petitioning” the court for a conservatorship over brother John Daniel “Danny” Tate. With nothing but grossly perjured hearsay testimony, Kennedy “glad to do it” entered orders of conservatorship, administered the fiduciary oath to David E. Tate and ordered Danny Tate’s Vanguard account seized.

 
No evidence whatsoever was presented:
1. No medical evidence
2. No financial evidence
3. No crime(s)
4. No 911 reports
5. No complaints from the neighbors
6. NOTHING

 
Source:
Five Year "Anniversary" of Court-Ordered Hell

See Also:
Danny Tate's Home Auctioned Off to His Former Lawyer!

Wednesday, October 24, 2012

Five Year "Anniversary" of Court-Ordered Hell

It was five years ago today that David E. Tate, Petitioner, along with notorious attorney Paul T. Housch, entered “Judge” Randy Kennedy’s court to conduct an “emergency” Ex Parte hearing “petitioning” the court for a conservatorship over brother John Daniel “Danny” Tate. With nothing but grossly perjured hearsay testimony, Kennedy “glad to do it” entered orders of conservatorship, administered the fiduciary oath to David E. Tate and ordered Danny Tate’s Vanguard account seized.

 
No evidence whatsoever was presented:
1. No medical evidence
2. No financial evidence
3. No crime(s)
4. No 911 reports
5. No complaints from the neighbors
6. NOTHING

Source:
Pauper vs Probate: October 23, 2007 Ex Parte Hearing 5 Year Anniversary

See Also:
Danny Tate's Home Auctioned Off to His Former Lawyer!