Guardianship registration revoked for Betsy Savitt, wife of retired judge

The state on Thursday revoked the registration of professional guardian Elizabeth “Betsy” Savitt, the wife of former guardianship Judge Martin Colin and the subject of criminal and administrative investigations based on complaints first reported in The Palm Beach Post.

The ruling by the Department of Elder Affairs came despite a December recommendation by an administrative law judge to drop disciplinary proceedings against Savitt. The judge had found that the new guardianship office lacked jurisdiction and failed to make its case.

But Elder Affairs’ reversed parts of the recommendation and the end result. The ruling should give Florida seniors and their families confidence that the state will do everything under the law to protect them, Elder Affairs Secretary Richard Prudom said.

“I hope our action today serves as a deterrent for anyone seeking to exploit individuals under guardianship.” Prudom said. “Revoking Ms. Savitt’s registration is simply the right thing to do based on her repeated bad behavior and shows our seriousness and commitment to removing those self-serving bad actors who act unlawfully.”

It marked the first time a professional guardian has been disciplined in Florida since the Legislature allowed such action in a 2016 reform package. The state’s new Office of Public and Professional Guardians called the ruling against Savitt “historic.”

“We will not tolerate the exploitation of Floridians in the guardianship system that was established to help them,” said Carol Berkowitz, executive director of the guardianship office.

Savitt eroded the public trust with “repeated violations of law” and deserved the harshest discipline available to prevent any further harm to the public, Berkowitz said.

Savitt can’t be appointed to any cases in Palm Beach County without her registration and faces removal from her current cases, the chief judge’s office has stated.

Savitt was the subject of a 2016 Palm Beach Post investigation that showed how lawyers who represented her also relied on her husband to approve fees in other cases, sometimes in the hundreds of thousands of dollars.

The inspector general of the Palm Beach County Clerk and Comptroller’s Office determined in March 2017 “that Savitt was involved with corruption and collusion of judges and lawyers in Delray Beach for financial gain.”

The clerk’s office received at least four calls about Savitt to its guardianship hotline and referred matters to the Palm Beach County State Attorney’s Office, which found no probable cause to charge her.

The guardianship office, relying on the newly passed state law, used the clerk’s report in its administrative complaint filed last year. It pointed out that Savitt, as first reported in The Post, took more than $20,000 in fees from the savings of her wards prior to judicial approval.

Savitt’s attorney responded to questions late Thursday night, claiming the process was rigged against her client and that the guardian would seek an appeal of the final order in the courts.

“It is important for the public to know that the plaintiff, the Department of Elder Affairs, who brought the administrative complaint against Ms. Savitt, and who lost in the trial before an independent judge who recommended that the complaint be dismissed, is the same party who is now deciding to overturn the independent judge and rule against Ms. Savitt,” Morris said in an email.

The guardianship office said Savitt violated three sections of the state guardianship statute by taking the retainers and thus failing to act in good faith, failing to act in the best interests of the ward and abusing her power as a guardian.

“Thank God, really. It is like a load off my back,” said James Vassallo, whose father was one of Savitt’s wards. “Finally, she is not going to be out there hurting anybody, taking money from the kids and grandkids and from hard-working people from the Depression days.”

Dr. Sam Sugar, the founder of American Against Abusive Probate Guardianship, was a key force in getting the Legislature to pass the reforms.

Sugar on Thursday praised the Department of Elder Affairs, heralding that it “has finally seen fit to take the bold and long overdue action of decertifying one of the many notorious professional guardians in Florida who for years have preyed upon seniors in our state.”

He added that he hoped the Savitt decision is “our long-awaited tipping point with the department and law enforcement to finally realize the danger posed by out-of-control abusive guardians.”

Colin and Savitt have long denied any wrongdoing. Savitt says she has never been removed as a guardian — though she has resigned from cases following complaints from the loved ones of seniors put in her guardianships.

After The Post’s publication, Colin was transferred out of the guardianship division and announced his retirement. All of Savitt’s cases were moved out of Delray Beach. The 15th Judicial Circuit then put in place guardianship reforms aimed at Savitt, such as banning the use of retainers.

The decision Friday rejected the recommendation by Administrative Law Judge Mary Li Creasy, who oversaw a two-day hearing in September. Creasy recommended the effort to revoke Savitt’s registration be dropped, noting the law puts the onus on the courts to suss out conflicts of interest, not the guardian.

The 34-page Elder Affairs final order says her finding flies in the face of the Legislature’s intent to grant authority to the guardianship office to discipline guardians.

Complaints from families of Savitt’s wards varied.

They said in court records that the guardian ginned up fees with needless litigation and funneled money to certain relatives of wards. In one, Savitt tried to annul a marriage, in another she tried to tap into a lucrative trust of a stroke victim, court records showed.

Former attorneys of one senior tried to get Savitt removed, telling the court they suspected that $400,000 was missing from the ward’s bank account, but a judge sided with the guardian.

West Palm Beach attorney Thomas Dougherty fought Savitt in court on behalf of Vassallo and the family of another ward. He said the ruling Friday is “hopefully the wake-up call for all involved:” guardians, lawyers and the judges.

“There is no room for self-dealing when it comes to vulnerable people who need the protections guardianships were intended to afford,” Dougherty said.


Full Article & Source:
Guardianship registration revoked for Betsy Savitt, wife of retired judge

See Also:
Judge deals Florida’s new guardianship office big setback in Elizabeth Savitt case

EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’ 

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

Judge deals Florida’s new guardianship office big setback in Elizabeth Savitt case

The recommendation is a rebuke of Florida’s fledgling efforts to regulate professional guardians for incapacitated senior citizens

In a rebuke of Florida’s fledgling efforts to regulate professional guardians for incapacitated senior citizens, an administrative judge recommended the state drop its first ever effort to revoke the registration of a professional guardian — Palm Beach County’s Elizabeth “Betsy” Savitt.”

Savitt is the wife of former Circuit Judge Martin Colin. Families and guardianship reform advocates have long pointed to the couple as an example of a guardianship system that aims to extract fees from the life savings of incapacitated seniors and disabled adults.

Colin’s fellow judges — specifically family friend Circuit Judge David French who once oversaw the majority of her cases — were named in a report compiled by the Inspector General of the Palm Beach County’s Clerk & Comptroller’s Office finding “corruption and collusion of judges and lawyers in Delray Beach for financial gain.”

But it appears — for now — that the state’s new guardianship office’s aim to end Savitt’s career as a guardian in Palm Beach County has resulted in a swing and a miss.

Savitt “had no conflict between herself and Judge Colin because he did not appoint her or preside over her (professional guardian) cases,” wrote Administrative Law Judge Mary Li Creasy in a Dec. 21 recommendation to the Department of Elder Affairs.

And while the appearance of the potential conflict should have been better disclosed, Creasy said Savitt did not benefit and no seniors in her care were harmed.

Creasy, though, did find that Savitt violated guardianship statutes and abused her power by taking fees from the savings of her wards prior to court approval.

But the judge said the newly created Office of Public and Professional Guardians had no jurisdiction under the state law it cited to punish Savitt for acting “clearly against the wards’ best interest.”

“That is the exclusive purview of the circuit court which appointed (the professional guardian),” Creasy wrote in the decision filed. She said these judges ultimately approved these fees after Savitt had taken them improperly.

Repeatedly in her 35-page recommendation, Creasy said the state guardianship office failed to prove its case by clear and convincing evidence. As a result, Creasy recommended the office drop its case against Savitt ‒ a blow for the state’s novice effort to discipline guardians.

Savitt was quick to declare victory.

“As the court found, there was no impropriety in the handling of guardianship cases involving now retired Judges Martin Colin and David French or any other judges,” Savitt said in an email.

“There was insufficient evidence that I violated the guardianship statutes as charged and there was no evidence that any of my wards were harmed by me.”

However, Creasy’s recommendation remains for now just that ‒ a recommendation. The guardianship office falls under the Department of Elder Affairs, which will ultimately decide Savitt’s fate.

Ashley Chambers, spokeswoman for Elder Affairs, said the guardianship office does not agree with Creasy’s conclusions and will be submitting “exceptions” to the department, which has until March 21 to file its final order. Savitt will have a chance to challenge any final decision in an appellate court.

“Our Office of Public and Professional Guardianship (OPPG) will always pursue appropriate disciplinary action when a complaint investigation finds that a guardian has violated their statutory responsibilities or has not acted in the best interest of the ward,” Chambers said.

Robert Jarvis, a Nova Southeastern University law professor and expert on ethics, said that it’s clear Creasy thought the state guardianship office “did a terrible job presenting its case and was unwilling to cut it any slack.”

He notes Creasy stated that Savitt’s actions of failing to disclose her marriage and taking retainers before court approval erode the public confidence in the guardianship system. But the administrative judge added that “they are not actionable as charged” by the guardianship office.

“Savitt got very, very lucky,” Jarvis said. “Had the OPPG done a proper job of pleading, I have no doubt that Judge Creasy would have found that Savitt should be punished.”

Dr. Sam Sugar, founder of Americans Against Abusive Probate Guardianship, said he sees the judiciary once again protecting its own.

“If there were reason to question the integrity of the Florida judicial system this is Exhibit A,” Sugar said.

“This is a moment of deep shame that only reinforces the notion that the black robe mafia has nothing to worry about and can continue to lord over us in any way their whimsy dictates.”

The state guardianship office’s formed the basis of its administrative complaint from a detailed report compiled for it by Anthony Palmieri, the deputy inspector general of Palm Beach County’s Clerk & Comptroller’s Office.

“If the experience and expertise of Anthony Palmieri and the OPPG is insufficient to create a legally sufficient and powerful complaint to rid Florida from just one egregious guardian, then the rest of us in this state have no hope whatsoever of ever getting a fair shake from the probate courts,” Sugar said.

The clerk referred all questions to the state guardianship office.

North Palm Beach probate and guardianship attorney Mitchell Kitroser said the majority of guardians and the judges that they appear before work incredibly hard with far too little support. And despite Creasy’s recommendation, he thinks the state guardianship office’s investigation of Savitt will prove a reminder that the public’s perception of, and confidence in the legal process, is of paramount importance.

“One of the results of this investigation will be a greater sensitivity to the appearance that the public gets when a sitting judge and a close relative work in the same division of our legal system in the same county,” he said.

“Avoiding even the appearance of impropriety would, I think, help provide the public with greater confidence in the impartiality of our judiciary which is essential to the proper functioning of our legal system.”

Savitt’s work as a professional came to light in January 2016 in The Palm Beach Post’s investigative series, “Guardianship: A Broken Trust.”

Some of the attorneys who represented Savitt and funneled her guardianships appeared in front of Colin, relying on him to approve large fee requests in probate cases.

Following The Post’s report, Colin was transferred out of the probate division in February 2016 and retired at the end of that year. A criminal investigation into Colin was commenced by the State Attorney’s Office but resulted in no charges.

Complaints from families about Savitt can be found in several of her guardianships. A majority of Savitt’s cases were in front of French, a friend of the couple, who routinely dismissed complaints from family members of wards about Savitt.

In one guardianship case, Savitt tried to annul a ward’s marriage, which the spouse feared would cut her out from any inheritance. In two other cases, families accused Savitt of funneling money to relatives of the ward.

Savitt also took more than $20,000 in what she called retainers from her ward’s savings prior to judicial approval ‒ the behavior Creasy cited as a violation of guardianship law.

Then there was the time the former attorneys for 86-year-old Frances Berkowitz, a Savitt ward, claimed $400,000 was missing from the senior’s account. Their efforts to open up an inquiry were shut down by a circuit judge, who found the attorneys did not have standing.

Savitt often points out she has never been removed from a guardianship by a judge and that no judge ever found any wrongdoing on her part.

When families fought Savitt, they found themselves embroiled in extricated legal affairs ‒ all of which resulted in large legal fees that went to Savitt and her lawyers. All such fees in a guardianship are paid by the incapacitated ward, whose money was almost always under Savitt’s control.

After The Post’s 2016 stories, then Palm Beach County Chief Circuit Judge Jeffrey Colbath adopted guardianship reform in October 2016. He addressed many of the complaints about Savitt, prohibiting retainers and establishing a wheel to address any perceived favoritism toward certain guardians.

Savitt, in her email, noted she hoped with Creasy’s recommendation, The Post and the Clerk’s Office will end “their unhealthy obsession with me and my family.”

Full Article & Source:
Judge deals Florida’s new guardianship office big setback in Elizabeth Savitt case

See Also:

EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’ 

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

POINT OF VIEW: Post article too broad, sullies county judiciary

Former Palm Beach County Circuit Court Judge Martin Colin presides over a hearing in August 2015 at the South County Courthouse in Delray Beach. Judge Colin’s wife. Elizabeth Savitt, who is a professional guardian, was simultaneously participating in a hearing in another courtroom with Attorney Sheri Hazeltine. (Madeline Gray / The Palm Beach Post)

The Sept. 9 front-page article published in The Palm Beach Post regarding former Palm Beach County Circuit Court Judge Martin Colin and his wife Betsy Savitt, a professional guardian — Report: Savitt involved with ‘corruption, collusion of judges’ — references several current and retired judges and through innuendo insinuates that they have acted improperly. In doing so, the integrity of the entire Palm Beach County judiciary is called into question. This article lacked certain necessary context for many of the allegations against the Palm Beach County judges who were outside the primary focus of The Post’s investigation.

This response from the Palm Beach County Bar Association purposely avoids any comment on allegations against Judge Colin and Savitt as there is already a process in place to sort out the facts and application of the law for their situations. However, the Bar Association writes to express its objection to the way several other highly respected judges and the Palm Beach County judicial system in general were portrayed in the article.

The Bar’s concerns with the framing of the article is particularly relevant in light of the fact that much of the basis of the article stemmed from the findings in the report by the Inspector General of the Clerk and Comptroller’s Office which was admittedly not “focus[ed] on the judiciary.”

The report did not make findings of impropriety as to any of the other judges who were mentioned in the article, nor were they the target of the investigation. Many of the matters reported were ‘circumstantial and anecdotal’ but were presented in a manner that calls into question the integrity of the entire Palm Beach County judiciary. A judiciary that is consistently one of the highest rated judiciaries in the state of Florida and is frequently a model for the other judiciaries statewide.

Specifically, the article states, “Once again, a major institution in what is known nationwide as “Corruption County” stands accused of betraying the public trust” and “judges approved questionable fees or appointed Savitt under “unusual circumstances.” The tenor of the article leaves the reader with the impression that collusion, conspiracy and corruption are pervasive in the courts of Palm Beach County. This is simply not accurate.

Further, the article refers to several respected current Palm Beach County judges who merely oversaw cases randomly assigned to them where Savitt happened to be acting as a guardian.

Judges should not be above criticism when it is accurately based and properly intentioned. Through only speculation and implication, the article makes it appear that certain functions of the court, which are subject to the rule of law as well as other oversight, were somehow suspicious. There is a difference between conscientious examination of facts and sensational embellishment.

While The Post has done admirable work on this subject, which has led to important changes in the guardianship statutes and rules, the county Bar believes the most recent article missed the mark by improperly maligning other Palm Beach County judges. As a result, the article also seemingly (and improperly) attacks the county’s entire judicial system.

As The Post is aware, the state’s judicial canons forbid sitting judges from responding in the press or commenting on pending or prospective litigation so any mention of a judge in an article, whether warranted or not, will typically go without rebuttal by that judge. While the Bar Association takes seriously any allegations of judicial misconduct, the best practice in the future would be to avoid potentially sullying the reputations of judges with unsubstantiated claims, or more specifically painting them “guilty by association.”

GREGORY HUBER,WEST PALM BEACH

Editor’s note: Huber is president of the Palm Beach County Bar Association.

Full Article & Source:
POINT OF VIEW: Post article too broad, sullies county judiciary

See Also:
Report: Savitt involved with ‘corruption, collusion of judges’ 

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

Post investigation: Another blow to Judge Colin

 

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

Ex-judge’s wife Betsy Savitt kicked off county’s guardianship registry

James Vassallo holds a photo of his parents, Albert Vassallo Sr. and Geraldine Mickey Vassallo, in November 2015. His father was a senior “ward” of Elizabeth “Betsy” Savitt, wife of Circuit Judge Martin Colin. (John Pacenti/The Palm Beach Post)

It’s on a loop that runs in James Vassallo’s mind. He repeats it every time he is asked about court-appointed professional guardian Elizabeth Savitt.

When he confronted Savitt over her billing practices, over the care of his incapacitated father, over the depleting of his father’s estate as her cadre of lawyers fought him through litigation, the former tennis instructor told him:

“There’s nothing you can do to me. My husband is a judge.”

For the first time since The Palm Beach Post exposed the vast conflict of interest between Savitt and her husband, Martin Colin — who at the time sat as a guardianship judge — the former tennis instructor no longer can be appointed new cases.

How long will Savitt be on the sidelines? At least a year, and maybe forever, depending on how an administrative judge rules on whether to impose sanctions against the guardian.

In the meantime, her husband is being investigated by the Florida Bar.

Chief Circuit Judge Krista Marx confirmed Savitt has been removed from the registry for guardians in Palm Beach County’s judicial circuit. The action was taken because Savitt failed to notify the circuit that she was the subject of an administrative complaint filed by the state’s Office of Public and Professional Guardians. She also was removed from the guardianship wheel for random assignment to cases. She can reapply next year.

“It is true that because I inadvertently did not notify court administration of the administrative complaint, I am off the wheel for one year only and this applies only to new guardianship cases in Palm Beach County,” Savitt told The Post. “None of my current guardianship cases are affected and I am continuing to provide guardianship and other related services to my clients.”

Savitt’s true fate rests in the hands of a state administrative judge, who is mulling the complaint, which seeks sanctions that could knock her off the registry for good.

If the administrative judge recommends that Savitt lose her state certification as a professional guardian, she would automatically be removed from the six cases she still has, Marx said.

Savitt is the first guardian to face an administrative complaint filed by the guardianship office, which was given regulatory authority over professional guardians by the state Legislature in March 2016 in an effort to reform the industry. Only the office can take away a guardian’s registration.

Marx added that applications of all guardians in the judicial circuit are reviewed by a committee annually and Savitt still would have to be approved in Palm Beach County to be eligible to again be appointed to cases.

IG report

Marx also addressed a damning Inspector General’s report on Savitt and Colin that serves as the basis for the administrative complaint, saying the issues predate reforms adopted in the wake of The Post’s 2016 investigation, “Guardianships: A Broken Trust.”

The reforms announced in October 2016 addressed many of the complaints from families about Savitt. For example, it banned her practice of taking thousands of dollars from the savings of her wards — which she called “retainers” — prior to a judge’s approval. To address favoritism, the judicial circuit created the wheel where guardians would be appointed randomly if the family of the incapacitated ward could not agree on one.

“Since the implementation of these procedures, court administration has not been made aware of new allegations related to Ms. Savitt,” Marx said.

Savitt vigorously fought any complaint about her actions — such as when she insisted on funneling an extra $54,000 to Vassallo’s sister for reasons still unknown. Or when the former attorneys of Frances Berkowitz alerted the court to $400,000 missing from the incapacitated senior’s banking account.

The State Attorney’s Office subpoenaed financial records and found no criminal activity, according to a close-out memo on that office’s investigation.

The IG report, emanating out of the Clerk and Comptroller’s Office, noted that while there was insufficient information to reach the high bar to file criminal charges, there was “circumstantial and anecdotal information of criminal corruption and collusion of the guardian and the judges, court staff and lawyers.”

The IG report named at least 14 Palm Beach County judges who appointed Savitt and approved her fees, approved improperly filed petitions and were involved in cases in which Colin funneled work to his wife. The report concluded the blatant conflict of interest she had with her husband resulted in “corruption and collusion of judges and lawyers in Delray Beach for financial gain.”

Colin himself signed orders in his wife’s cases and funneled guardianships to her by appointing certain attorneys, the report said. They were attorneys who relied on him to approve their fees in other matters.

Marx said she couldn’t comment on whether the IG’s report has been forwarded to the Judicial Qualifications Commission, which recommends discipline for judges to the Florida Supreme Court. It doesn’t make its investigations public unless probable cause is found.

Accusations ‘nonsense’
 
Colin was moved out of the Probate Division in 2016 after The Post’s investigation and announced he would retire at the end of that year.

He called accusations he guided cases to his wife “nonsense” at a hearing on the administrative complaint this month. He said he accidentally signed the orders.

Families often had to dip into their own pockets to fight Savitt. Vassallo said he paid about $20,000 to lawyers only to watch Circuit Judge David French — a close friend of Colin’s and Savitt’s — approve one law firm’s bill over his objections. Savitt said in a deposition that she and Colin had vacationed with French and his wife at the time before Savitt was a guardian.

Clifford Hark, an attorney named in the IG report, was hired by Vassallo after his sister took $130,000 from his father, Albert Vassallo Sr. He urged him to get Savitt as a guardian. The IG report said Hark funneled guardianships to Savitt.

“It all came back to hiring the lawyer. He talked me into it, knowing what kind of lady she was,” Vassallo said.

The Deerfield Beach plumber said that Savitt did next to nothing to recoup the money that was taken from his father and that he estimates that six family heirs lost at a minimum about $38,000 from their inheritance because of her inaction.

The administrative judge will make her recommendations on Savitt in about a month. It will then be up to the Department of Elder Affairs to decide whether to accept that recommendation.

Savitt’s lawyer, Ellen Morris, has said she plans to seek legal fees from the department for the action against her client, saying it was brought in bad faith.

Bar complaint

In the meantime, the Florida Bar confirmed it is investigating Colin, who is working as a mediator in his retirement.

In Broward County, Circuit Judge John Patrick Contini resigned from the bench as he was being investigated by the Judicial Qualifications Commission for ethical violations for allowing a judicial assistant to work on his personal business. He agreed this month to not practice law for five years.

Robert Jarvis said it remains to be seen whether the Florida Bar can discipline attorneys for actions they took while they were on the bench. It’s not unusual for judges who fall under scrutiny for ethical violations simply to step down, thus avoiding disciplinary action by the JQC.

Jarvis pointed to a case out of Manatee County in which a former judge and now practicing attorney, John Lakin, has been recommended for discipline by the Bar for taking baseball tickets from lawyers who appeared in front of him. That case is in front of the Florida Supreme Court.

“The Florida Bar is going after former judges. I’m not sure that they have the ability to do that. It is an unsettled issue,” Jarvis said.

“I would think they could go after lots of people if in fact they are found to have the jurisdiction.”

On the reform front, Dr. Sam Sugar, co-founder of Americans Against Abusive Probate Guardianship, said he is researching how families can go after the $50,00o bond required of guardians. However, he said families who choose to go this route often have to pay an attorney up front at least that amount to make a claim.

Despite the reforms passed by the Legislature and action by the state, little can be done to recoup the emotional and financial damage to families wrought by rogue guardianships.

“This is one of those Don Quixote things,” Sugar said. “There is no recourse.”

Full Article & Source:
Ex-judge’s wife Betsy Savitt kicked off county’s guardianship registry

See Also:
EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

Post investigation: Another blow to Judge Colin

 

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’

Professional guardian Elizabeth “Betsy” Savitt, left, answers questions from senior attorney for the Department of Elder Affairs, Michael McKeon, right center, during a hearing in front of administrative Law Judge Mary Li Creasy, center, Wednesday, September 5, 2018. In the first hearing of it’s kind, the state of Florida argues that controversial guardian Elizabeth Savitt should be sanctioned. (Lannis Waters / The Palm Beach Post)

A confidential investigation into controversial professional guardian Elizabeth “Betsy” Savitt contains “allegations or suggestions of wrongdoing by sitting judges,” an administrative judge revealed on Wednesday.

The revelation surfaced during a first-of-its-kind hearing, held in West Palm Beach, into whether Savitt should face sanctions for conflict of interest with judges involved in her guardianships, including her husband, former Circuit Judge Martin Colin.

The action against Savitt by the state Office of Public and Professional Guardians is based on the report by the Inspector General of the Clerk & Controller in Palm Beach County. The new guardianship office is asking for sanctions against Savitt. Those sanctions have the potential to effectively bar her from practicing in this county and may include repayment of up to $190,000 in guardianship fees.

Savitt, as a professional guardian, was a so-called “member of the judicial community,” dining with judges and even going on vacation with one. The former chief judge felt it necessary to move all her cases out of the South County Courthouse, concerned with the appearance of coziness between Savitt and judges there.

Savitt’s attorney, Ellen Morris, tried in vain to exclude the investigative report, with its judicial allegations of wrongdoing, from Wednesday’s proceeding. Morris in a pleading said the report contains “statements and conclusions that are highly objectionable throughout.”

But Administrative Law Judge Mary Li Creasy said she found nothing in the report that makes it confidential under state law — no Social Security numbers or medical information of incapacitated seniors or disabled adults. Palm Beach County Clerk Sharon Bock has refused to turn over the report despite a public records request filed by The Palm Beach Post on June 20.

Creasy said Morris’ concerns about the allegations against judges was also not a basis to bar the report as evidence against Savitt.

2012 investigation of Savitt

Anthony Palmieri, the clerk’s deputy inspector general, testified at the hearing that in May 2012 the clerk’s office alerted then-Chief Judge Peter Blanc about a conflict of interest involving Savitt and Colin. He didn’t know what Blanc did with the report, but Blanc told The Post last week that he cautioned Colin to be careful not to preside over his wife’s cases.

Savitt testified she didn’t know until recently that her husband signed orders in her cases. She said if she had known, she would have alerted her attorney to “a mistake.”

However, she also repeatedly said she had no conflict of interest despite the fact that her husband sat as a guardianship judge who at times ruled on her cases and granted fees in other cases to attorneys who worked for her. Morris argued state guardianship statutes don’t specifically say that a guardian married to a guardianship judge has a conflict of interest.

“I don’t have a conflict of interest arising from my marriage,” Savitt said. “I didn’t appear in front of Judge Colin. He wasn’t presiding over any of my cases. He wasn’t the judge on any of my cases.”

The Post reported Sunday that Colin’s was an invisible hand in Savitt’s guardianship cases. He asked Delray Beach elder law attorney Sheri Hazeltine in the fall of 2009 to represent his wife as the tennis instructor aimed to enter the lucrative field. A professional guardian is appointed to oversee the affairs of seniors who are found incapacitated by the court. They can handle all financial, health care and residency decisions for the ward.

At least twice, Colin appointed Hazeltine, who took action that led to Savitt becoming a guardian.

Savitt, in testimony, denied Hazeltine’s account that Judge Colin pegged her to represent Savitt. Hazeltine at the time had numerous cases in front of Colin and told The Post that being a sole practitioner with a disabled child that “there was a natural measure of fear involved” in being asked to do something for her home-court judge.
 
Hazeltine said she quit as Savitt’s attorney when she learned that the guardian was taking fees prior to judicial approval.

Savitt also testified that there had never been any complaints from family members of her ward about a conflict of interest.

‘Never said a word’

However, James Vassallo said Savitt never disclosed that she was married to a guardianship judge and if he had known, he would have never allowed her to be guardian to his father, Albert Vassallo Sr.
 
“Never ever did she say a word to me about that,” Vassallo said. “I would never have hired her. I found out later. She told me that it didn’t matter what I said, she was married to a judge and that she could do whatever she wanted.”

Vassallo said Wednesday that he spent $20,000 fighting Savitt over his father’s trust and to keep her from funneling money to his sister, who had previously taken money from his dad and was the reason he sought the guardianship in the first place.

“And I’m still getting bills that my father owes, like from the hospital and stuff, that she never paid.”

Thomas Mayes, son of Savitt ward Helen O’Grady, said in The Post’s 2016 investigation, Guardianships: A Broken Trust that Savitt never disclosed her conflict with her husband.

The Mayes family learned that Savitt was married to a judge when Circuit Judge Rosemarie Scher, then presiding over their case, said she’d been out to dinner with the couple and described the judge’s wife as “part of the judicial community.”

“Savitt never told us beforehand, which I thought she should have,” said Mayes. “The lawyers never told us.”

Savitt testified she disclosed her marriage by identifying her husband as “Martin Colin” on her guardianship applications. However, Savitt didn’t identify him as a sitting judge, saying that the court or the clerk of court would automatically just know.

Palmieri testified that just putting Colin’s name under spouse in the guardianship applications did not go far enough.

One easily refutable statement by Savitt, under oath, at Wednesday’s hearing was that no other judge but Colin recused himself from her cases. In fact, Circuit Judge John Phillips recused himself routinely. Also, after The Post’s investigation, then-Chief Judge Jeffrey Colbath required south county judges to recuse themselves from Savitt’s cases. He also removed all of Savitt’s cases from the South County Courthouse out of concern of conflict of interest.

A large swath of time at Wednesday’s hearing was spent delving into when Savitt took money from the life savings of her wards prior to a judge’s approval.

Savitt admitted she wrote checks out of the wards’ accounts prior to judicial approval and deposited them into a personal checking account but insisted she was serving the wards’ best interest.

Palmieri testified that of the 2,000 guardianship cases he has investigated, only Savitt has taken retainers. The Post found Savitt took $20,000 in retainers in at least seven guardianship cases.
Savitt testified she took retainers at the advice of her counsel at the time.

Palm Beach County’s judicial circuit prohibited the practice after The Post reported on Savitt and Colin.

Morris argued at the hearing that Savitt eventually disclosed the retainers to the judges presiding over her cases and that they were all approved.

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Palm Beach Post Staff Writer

Michael McKeon, senior attorney for the Department of Elder Affairs, asks questions of professional guardian Elizabeth “Betsy” Savitt during a hearing ... read more

 

Vacationed with judge

Savitt also addressed her relationship with Circuit Judge David French, who oversaw the majority of her cases. Michael McKeon, senior attorney for the Department of Elder Affairs, asked Savitt whether she was “friendly” with French.

“I’m friendly to all the judges,” Savitt said.

Savitt said French is a friend and that she vacationed with him and his wife at the time in the Bahamas in 2006 or 2008 before he was a guardianship judge. She said she was friends with his wife. She couldn’t remember the last time she visited his home.

When asked whether she believes she has a conflict when it comes to French, Savitt said no. “Judge French takes an oath. He would recuse himself,” she said. French has announced he will retire at the end of this year.

Despite an order from the chief judge to recuse himself from Savitt cases, French appointed the guardian to a pro bono case in January 2017 — her last guardianship appointment. The appointment allows Savitt to remain on the wheel for random appointments under new rules.

The latest case, involving senior Mavis Samms, includes accusations from the family that Savitt allowed the senior’s home to go into foreclosure.

“Savitt has made a mess of my mom’s finances,” according to an emergency motion filed by Samms’ daughter, Paula, in May 2017.

McKeon asking Savitt to be declared “unfit to serve as a guardian” due to the conflict of interest and acting in bad faith toward her wards.

Morris, representing Savitt, said the guardianship office brought the complaint in bad faith and that she would be seeking attorney fees.

The hearing will continue today. Judge Colin and Hazeltine are listed as witnesses.

Full Article & Source:
EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’

See Also:
Judge Martin Colin had a hand in his wife’s guardianship cases, state says 

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

Report: Savitt involved with ‘corruption, collusion of judges’

Former Judge Martin Colin and his Elizabeth “Betsy” Savitt.

“Corruption and collusion of judges and lawyers in Delray Beach for financial gain” centered around dubious professional guardian Elizabeth “Betsy” Savitt and her husband, former Circuit Judge Martin Colin, according to a report never before made public by Palm Beach County’s guardianship watchdog.

Once again, a major institution in what is known nationwide as “Corruption County” stands accused of betraying the public trust.

Judge David French

Colin signed orders in Savitt’s cases. The couple’s friend — Circuit Judge David French — oversaw the majority of her cases. And lawyers appointed by Colin steered lucrative guardianships to Savitt while asking Colin to approve tens of thousands of dollars in fees in other cases before him. Other judges approved questionable fees or appointed Savitt under “unusual” circumstances.

These allegations are detailed in a 25-page report by the Inspector General of the Clerk & Comptroller’s Office and obtained by The Palm Beach Post on Friday. The State Attorney’s Office investigated but found no evidence of a crime.

Families of Savitt’s incapacitated wards — often seniors — complained in vain for years that a group of lawyers and judges were against them at every turn as they watched their loved ones suffer and lose their life savings.

The IG report stands as vindication for families who watched slack-jawed as numerous judges dismissed their concerns about retainers, over-billing and bogus litigation to generate fees. Remarkably, Savitt continues as a guardian.

At least one chief judge was informed — verbally, not in writing — that the IG had found “major violations of Florida guardianship law” by Savitt as early as 2012. He told Colin to be sure not to preside over his wife’s cases.

Another investigation detailed in the report began in 2014 again found “major violations of guardianship law” by Savitt.

Despite years of investigation by authorities, none took public action until The Post exposed Savitt and Colin in its January 2016 investigation, Guardianships: A Broken Trust.

The report, delivered to the state Office of Public and Professional Guardians in December, is the basis for the first action by any authority to take Savitt out of the guardianship field, which poured thousands of dollars into hers and the judge’s household.

The guardianship office is seeking, in effect, to prohibit her from being a professional guardian in this county. It also seeks to require her to pay back the nearly $200,000 she earned from fees in 13 cases involving at least one of the judges or lawyers.

Chief Judge Jeffrey Colbath, in the wake of The Post investigation in 2016, made sweeping changes to the county guardianship system but didn’t stop Savitt from practicing. He ordered mass recusals from south county judges, transferred Colin to another division and sent Savitt’s cases to the North County Courthouse.

Colin announced he would not run for re-election and retired at the end of 2016. French is retiring at the end of this year but not before he appointed Savitt to another case, thumbing his nose at Colbath’s efforts.

Colin and Savitt did not respond to an email request for comment. French’s office said the judge declined to comment. And a spokeswoman for Chief Judge Krista Marx said she was unavailable for comment.

All of this might have been nipped in the bud if the state Judicial Qualifications Commission acted on complaints about Colin in 2008 that claimed he was favoring divorce attorneys who represented Savitt. The JQC failed to seek even a reprimand and within two years, Savitt was a professional guardian with power over the finances, the medical care, and the housing of incapacitated seniors and disabled adults.

The system works

Palm Beach County Clerk & Comptroller Sharon R. Bock.

Sharon Bock, the county’s Clerk & Comptroller, said the IG report shows the process worked because of the independence of her office to investigate guardianship complaints.

The initial Savitt investigation was kick-started by a call to the clerk’s fraud hotline in 2012. Another investigation commenced in 2014 with several more hotline tips and finally coalesced with a complaint to the state’s revamped guardianship office in 2016, within days of it getting the authority to police professional guardians.

“We believe the work product we are turning out is making a difference and has made a difference already in Palm Beach County,” Bock said. “We have been doing these reports since 2011.”

Carol Berkowitz, executive director of the Office of Public and Professional Guardians, said that there is enormous respect for many professional guardians across Florida who work tirelessly to support vulnerable adults, but added:

“It is extremely important that we act when a complaint investigation finds that a guardian has violated their statutory responsibilities or is not acting in the best interest of their ward.”

Criminal investigation

The IG report states Savitt’s case was referred to the public corruption unit in State Attorney Dave Aronberg’s office, which also issued a subpoena to ascertain whether a senior’s money was used to satisfy Savitt’s outstanding $308,000 mortgage. Both the state attorney and IG said it was not.

“This investigation focused on whether the relationship between Judge Colin and Elizabeth Savitt resulted in Savitt receiving an unfair financial advantage assigned to her or if she or her associated attorneys received unfair favorable rulings from Judge Colin,” according to a memorandum issued by the state attorney’s office on Nov. 21, 2016, and quoted in the report.

The state attorney found “no evidence to support any of the allegations.”

The IG commented that even though the state attorney’s standard of proof was higher, there was circumstantial and anecdotal information of criminal corruption and collusion. He said it was unclear whether the state attorney’s standard was “beyond a reasonable doubt” or a “probability of obtaining a conviction” yet it concurred with the state attorney’s conclusion.

Anthony Palmieri, the deputy inspector general for the clerk who authored the IG report, said, “My sole focus was on Betsy Savitt as a professional guardian and her conflicts and what her duties were and what her responsibilities were. And yet that did kind of leach into Judge Colin and maybe into Judge French. My focus was not on the judiciary.”

More than a dozen judges

More than a dozen judges are part of the report.

French oversaw 16 of Savitt’s cases. He appointed her to cases, approved her fees as well as the fees of her attorneys — sometimes over the vigorous objections from families of the ward.

The IG was especially interested in a vacation trip French and his wife took with Savitt and Colin to the Bahamas.

The blockbuster report found Circuit Judges Charles Burton,James Martz, Rosemarie Scher, and Leonard Hanser all appointed Savitt to guardianships in some fashion.

Judge Scher also approved an improperly filed petition by Savitt’s lawyer, the report states.

Circuit Judges Jack Cook and Diana Lewis — now off the bench — were involved in cases where the IG found Colin paved the way for his wife’s appointment.

And Judge Edward Garrison approved a fee request from one of Savitt’s lawyers that was $5,000 more than requested. Fees for attorneys are taken from the ward’s money.

Marx, French and Scher, along with Circuit Judges Howard Coates and Jessica Ticktin approved $21,500 in retainers taken by Savitt from her wards’ banking accounts that the report said violates Florida guardianship law.

Circuit Judge Peter Blanc, the chief judge in 2012, received the initial verbal report finding a conflict of interest.

Blanc told The Post he spoke with Colin and told him not to preside over any of his wife’s cases. Colin testified at an administrative hearing on Thursday it was he who initiated contact with Blanc. It didn’t matter. Colin admitted on the stand that he signed several orders in his wife’s cases, claiming it was an accident.

Judge Marx, who was sitting in the Probate Division at the time, is quoted in the report admonishing Savitt in court for taking a retainer, saying: “It seems you are asking for forgiveness rather than permission.” Marx, however, approved the $8,000 retainer anyway.

Colbath, as part of his guardianship reforms, prohibited taking of fees from wards prior to judicial approval. Palmieri said that in the 2,000 guardianship cases he’s investigated statewide, only Savitt took fees before prior judicial approval.

‘Unusual circumstances’

Judge Jeffrey Dana Gillen appointed Savitt under “unusual” circumstances when no parties had asked for her to be a guardian for senior Frances Berkowitz.

Savitt’s name seemed to come out of nowhere. The two lawyers hadn’t recommended her and one even said, “I don’t think Judge Gillen did (recommend Savitt) either.”

The clerk noted, however, that the day before Savitt was appointed,an email had gone out that gave Judge Colin and his judicial assistant “an opportunity to discuss the case with Judge Gillen or Judge Gillen’s JA.” The IG has not substantiated whether Colin or his JA read the email.

Former attorneys for Berkowitz then tried to remove Savitt as guardian, arguing that her appointment was improper. They also claimed that $400,000 was missing from Berkowitz’s bank accounts.

Gillen’s judicial assistant said Friday that he was reviewing the report and would have a comment next week.

In one of the more remarkable sections of the IG report, Savitt is said to have been “the driving factor” for guardianship reform by the Florida Legislature in 2015.

The new state guardianship office selected Savitt, though, as the first guardian against whom it is seeking sanctions. It accused her of conflict of interest and failing to act in good faith, contrary to her wards’ best interest. After the hearing last week, Administrative Law Judge Mary Li Creasy said she will issue a recommendation on sanctions in about a month.

Savitt’s attorney, Ellen Morris, tried without success to keep the report from being entered as evidence at the hearing, saying in a motion that it contained “statements and conclusions that are highly objectionable throughout.”

Creasy denied that motion and by accepting the report into evidence paved the way for its release by the guardianship office on Friday.

Savitt invoked spousal privilege at the hearing so she wouldn’t have to disclose conversations she had with her husband about her cases.

Twyla Sketchley, a veteran guardianship attorney in Tallahassee, testified that the spousal privilege went to the heart of the conflict of interest.

“If I’m a guardian and I’m married to the judge, I can go home at night and over the dinner table, I can discuss my cases and what I need and how horrible these parties are, and none of that can be disclosed to any other parties in a proceeding,” Sketchley said. “You have a special relationship with that judge that no one else in that courtroom can or could have.”

Colin testified that the crux of the state’s conflict of interest case against his wife was “nonsense.”

“I had no role in the cases that she got appointed on,” Colin said. “That is not a process that would even take place if someone has an understanding of how one gets guardianship cases.”

Colin, though, said he was friends with all the other probate judges who oversaw his wife’s cases. He also said lawyers and families chose Savitt as guardian, though many times those very lawyers appeared in front of him in other cases and relied upon Colin to approve their fees.

One of those attorneys was Clifford Hark, who was hired by families seeking guardianships and would recommend Savitt.

The IG investigated but couldn’t prove or disprove that Savitt’s appointments and the fact that she didn’t object to his legal fees was “quid pro quo.”

Hark was also accused of steering cases to Savitt. The Boca Raton attorney has denied assisting Savitt in establishing herself as a guardian.

Judge Garrison signed an order of fees for Hark of senior Helen O’Grady’s case for $14,689 when the amount sought was $5,000 less. Colin had transferred the guardianship directly to Garrison because Garrison was presiding over the probate case.

Garrison also ordered Savitt to return $30,000 she took from O’Grady’s estate to be “held in trust” by her and her attorney.

Attorney Sheri Hazeltine

That attorney, Sheri Hazeltine, told The Post that Colin asked her to represent his wife in 2010 and that she felt “there was a natural measure of fear involved” in complying with the request. The report said Colin appointed Hazeltine to two cases in which the lawyer paved the way for Savitt to be appointed guardian.

Savitt’s attorney has argued that the guardianship office does not have jurisdiction over any case prior to the Legislature endowing it with regulatory powers in March 2016.

French, however, gave the office a perfect opening. In January 2017, after Colbath had transferred all of Savitt’s cases from him to the North County Courthouse, French appointed her to a pro bono case involving senior Mavis Samms. Savitt was required to take a pro bono case to be included on the new wheel for random appointments of guardians.

Samms’ daughter said Savitt allowed the senior’s home to go into foreclosure, according to court documents.

Thomas Mayes, who fought Savitt in the guardianship of his mother, Helen O’Grady, said he felt the attorneys were complicit in generating bogus litigation in order to soak the life savings of the incapacitated seniors “until there is nothing left.”

“I am wondering if Betsy and her cronies would have to pay back the families?” said Mayes of Boynton Beach. “Hopefully they will see that she was out for herself and her cronies.”

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Fees taken before judge’s OK

The accusations from families against professional guardian Elizabeth Savitt include missing money, overbilling and unnecessary litigation to generate fees. Here are some of them:

• Kansas schoolteacher Helen O’Grady, 83: Elizabth Savitt took $1,724 without prior court approval and before doing any work in the guardianship case and then when O’Grady died, took $30,000 to be “held in trust” by her and attorney Sheri Hazeltine. A judge ordered them to give the money back.
• New York accountant Robert Paul Wein, 89: Savitt acknowledged she took about $17,000 for her fees and a retainer of $8,000 from Wein’s accounts without prior court permission.
• Chicago-area decorator Lorraine Hilton, then 94: Savitt failed to secure a bank account, which allowed it to be accessed by one of the ward’s sons, who wrote two checks totaling $49,685 for real estate, according to court documents. She also took a $2,000 retainer without prior court approval and before doing any work.
• A Delray Beach nursing administrator Carla Simmonds: Savitt attempted to draw fees from the stroke victim’s $640,000 trust and then asked the court to allow her to drain her $46,000 IRA to pay fees for about one-quarter of its worth. Her caretaker paid $13,300 of his own money to Savitt and her lawyer to get them to withdraw from the case. Savitt initially took a $2,500 retainer without prior court approval.
• Retired Deerfield Beach plumber Albert Vassallo Sr., 88: Savitt got a $3,000 retainer without prior court approval. She placed the senior with a daughter who siphoned off $130,000 from her dad’s savings, forcing the guardianship action by a sibling. When Vassallo passed away, Savitt tried to funnel an additional $54,000 from his estate to the daughter, court documents show.

What The Post Found
The Post has been reporting for two years on guardian Elizabeth Savitt’s conflict of interest while her husband, Martin Colin, served on the bench. The Post’s initial investigation in 2016 prompted widespread changes in the guardianship system in Palm Beach County. 

Full Article & Source:
Report: Savitt involved with ‘corruption, collusion of judges’

See Also:
Judge Martin Colin had a hand in his wife’s guardianship cases, state says 

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

Judge Colin says it’s ‘nonsense’ that he funneled work to wife

Mary Li Creasy, the administrative law judge, who is presiding over the Savitt hearing. (Damon Higgins / The Palm Beach Post)

With $190,000 and his wife’s job as a professional guardian on the line, former Circuit Judge Martin Colin took the stand Wednesday and called it “nonsense” that his spouse stands accused of receiving appointments by virtue of their marriage.

Instead, Colin said his fellow judges — who he referred to as friends — appointed his wife. He said all the judges who approved Savitt’s appointment knew she was his wife.

He also said the families and their lawyers were the ones who drafted Savitt as a guardian — lawyers who often had cases in front of him and relied on Colin to approve tens of thousands of dollars in their fees.

The accusations against Savitt arrived in the first ever administrative complaint filed by the Office of Public and Professional Guardians. Despite concerns against guardians voiced statewide, the office chose Savitt.

It accuses the former tennis instructor of failing to reveal a conflict of interest with her husband and failing to act in good faith, contrary to her wards’ best interests.

An amended complaint filed last week added the fact that Savitt took a vacation with Circuit Judge David French, who oversaw a majority of her cases. The office claims that was an additional conflict of interest.

The guardianship office is asking an administrative hearing judge to consider sanctions, including one that could effectively keep Savitt from practicing in Palm Beach County and direct her to repay $190,000 in fees.

Colin was asked on the stand by Savitt’s attorney about the crux of the state’s case: that his wife was appointed because she is married to a sitting judge in the guardianship division.

“If that’s the wording of it, then the best way to answer that is, ‘That’s nonsense,’” Colin said.

“It never happened that way. I had no role in the cases that she got appointed on. That is not a process that would even take place if someone has an understanding of how one gets guardianship cases.”

Colin’s testimony came a day after Administrative Law Judge Mary Li Creasy revealed that a confidential report on an investigation of Savitt by the Palm Beach County Clerk of Court & Comptroller contains “allegations or suggestions of wrongdoing by sitting judges.”
 
The guardianship office told The Palm Beach Post on Thursday that it would release the report no later than Friday after it has been redacted.

Savitt’s attorney tried to keep the clerk’s investigation out of the proceeding through a motion, saying it included “statements and conclusions that are highly objectionable throughout.”

Morris tried Thursday to steer any testimony away from judicial behavior, especially whether Colin approached an attorney who practiced in front of him to represent Savitt.

“I think we got away from the focus here, which is whether Ms. Savitt did anything, not whether Judge Colin or Judge French or any other judge did anything wrong, ” Morris said.

Creasy allowed Sheri Hazeltine to testify about Colin asking her to represent his wife. Morris had called the line of questioning irrelevant.

“I don’t think it’s irrelevant. I think it goes to the heart of this matter as to whether or not Ms. Savitt’s relationship with a sitting probate judge as a professional guardian, whether or not that influenced her appointments.”

Hazeltine, who appeared rattled on the stand, testified that Savitt had not waived her attorney-client privilege. Hazeltine contradicted previous statements made to The Post that she felt “a natural measure of fear” when Colin approached her and that she stopped working for Savitt because she took fees without prior approval from a judge.

Hazeltine said Savitt — sitting about three yards from her — was a good guardian and that she still represents her on cases involving disabled individuals. Hazeltine said she willingly represented Savitt.

Colin testified he did ask Hazeltine to represent his wife and that as a duty judge he accidentally signed orders in his wife’s cases. “I didn’t know at the time they were orders involving her cases,” he said.

After The Palm Beach Post’s investigation, Guardians: A Broken Trust in January 2016, Colin was moved out of the guardianship division and announced his retirement. All of Savitt’s cases were moved to the North County Courthouse and away from French.

The judicial circuit in Palm Beach County then adopted new standards for guardians that addressed many of the complaints about Savitt. It banned retainers.

After The Post started investigating, Colin recused himself of 115 cases that involved attorneys who represented his wife.

Savitt’s attorney, Morris, tried to establish through questioning of witnesses Thursday that judges approved Savitt taking fees — nearly $20,000 by The Post’s accounting — before getting their permission.

An expert witness testifying for Savitt also said that state law doesn’t explicitly say guardians are prohibited from taking retainers.

Morris through her questioning pleaded her case that the state’s guardianship office didn’t get the authority to regulate guardians until March 2016 and that many of the issues in the hearing occurred before that date and were not subject to its authority.

The guardianship’s office amended its complaint last week to include Judge French, who appointed Savitt to a case in January 2017 after south county judges were directed to recuse themselves by then-Chief Judge Jeffrey Colbath. The guardianship of senior Mavis Samms allowed Savitt to be included on a new wheel for random appointments to guardianships under the judicial circuit’s new rules that require a pro-bono case.

But like many of Savitt’s cases, a family member complained. Samms’ daughter said Savitt allowed the senior’s home to go into foreclosure, according to court documents.
 
Creasy has said at the hearing she is not completely familiar with the intricacies of guardianship law but has been a quick learner. The guardianship office, though, is staying clear of cases that occurred before the state Legislature gave it regulatory powers.

So because of that timeline, Creasy hasn’t heard testimony by family members or loved ones of wards who have complained repeatedly about Savitt to no avail to the judges Colin calls his friends.

She never heard testimony on how Savitt attempted to draw fees from a stroke victim’s $640,000 trust.

She never heard testimony on how she tabbed as a paid caretaker the daughter of Albert Vassallo Sr., even though the woman admitted to taking $130,000 from her father.

She never heard testimony on how Savitt took an $8,000 retainer in the guardianship of Robert Paul Wein and then tried to annul his marriage that would have cut his wife out of any of his benefits once he died.

She never heard testimony about how the former lawyers of Savitt’s ward, Frances Berkowitz, alleged that $400,000 went missing from her accounts while Savitt became her guardian.

Still, the state put on its strongest testimony on Thursday with expert witness Twyla Sketchley, a veteran guardianship attorney in Tallahassee.

Sketchley said Savitt didn’t pass muster when it came to disclosure when she merely put her husband’s name on her guardianship applications since a Google search found numerous Martin Colins.

She also said taking money from a ward’s account didn’t constitute a retainer, as Savitt called it, but a loan or a gift, which is prohibited by guardianship laws. This also was a conflict of interest.

“By taking those retainers, she created a financial interest in her ward,” Sketchley said. “Particularly, a financial interest in making sure her fees approved, because if her fees weren’t approved she would have to return that money.”

And the state’s expert witness said Savitt simply shouldn’t have been practicing in front of Colin or probably his fellow judges.

“Simply because of appearance of the conflict of interest,” Sketchley said. “If it appears to the people in the case that you can go home and tell your husband to tell his friend to enter your order.”

Full Article & Source:
Judge Colin says it’s ‘nonsense’ that he funneled work to wife

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

The Office of Public and Professional Guardians has launched a complaint against Judge Martin Colin’s wife, Elizabeth “Betsy” Savitt, saying she abused her power as a guardian. The complaint also spells out how Colin had a hand in getting her earliest guardianships. (Madeline Gray / The Palm Beach Post)

Former Circuit Judge Martin Colin, his finances in shambles in the fall of 2009, asked an attorney who appeared regularly in front of him to step out from the courtroom into the hall.

There in the corridor, Colin’s wife, Elizabeth “Betsy” Savitt, waited. The judge then asked lawyer Sheri Hazeltine to represent his spouse, a tennis instructor who aimed to become a professional guardian — a court-appointed overseer of the finances, health care and living arrangements of incapacitated seniors and disabled adults.

Attorney Sheri Hazeltine 

“I can acknowledge there was a natural measure of fear involved, as any attorney would feel if asked to have this type of side conference with their home court judge,” said Hazeltine, a sole practitioner with a disabled son, recalling the conversation. “It was an odd thing for a judge to do.”

Now nearly a decade later, the state of Florida spells out in an administrative complaint how Colin, a guardianship judge, was involved in Savitt’s cases. Court records indicate that his was an invisible hand establishing his wife in the lucrative field.

The Office of Public and Professional Guardians is taking action against Savitt based on a confidential report by the Palm Beach County Clerk & Comptroller’s Office.

“While we can’t comment on ongoing litigation, the department takes seriously its statutory authority to investigate complaints made against professional guardians,” said Ashley Chambers, communications director for the Florida Department of Elder Affairs, which oversees the guardianship office.

“Guardians are entrusted with an immense responsibility, and we will steadfastly pursue disciplinary action – up to and including revocation of a guardian’s registration – when appropriate. Protecting vulnerable adults from exploitation or harm is our utmost priority.”

The guardianship office alleges Savitt abused her power as a guardian and violated state guardianship statutes regarding conflicts of interest because she was married to Colin and failed to disclose that fact. She is also accused of failing to act in good faith and behaving in a manner contrary to her wards’ best interests.

Savitt continues to serve on cases in which she should have been disqualified, according to the complaint.

Judge David E. French presides over a court hearing to enforce the 4th DCA’s ruling removing court appointed guardian John Cramer ... read more

Colin is not the only judge the state says Savitt had a conflict with: Judge David French, who oversaw many of Savitt’s cases, went on vacation with her at least once.

The state is asking an administrative law judge to impose sanctions on Savitt. Those penalties could include suspending or revoking her guardianship registration and ordering her to pay restitution. The complaint notes Savitt has earned $190,000 in fees in at least 13 cases in Palm Beach County.

Guardians cannot practice in Palm Beach County without being registered with the state, according to an order issued by the chief judge in the wake of a 2016 Palm Beach Post investigation involving Colin and Savitt, Guardianships: A Broken Trust.

A three-day hearing is scheduled for Wednesday in West Palm Beach.

The action against Savitt is the first of its kind against any guardian by the guardianship office, which was bestowed new regulatory powers by the Florida Legislature in 2016 after an avalanche of complaints about predatory guardians statewide.

The guardian office points to two of Savitt’s earliest guardianships in which Colin appointed Hazeltine as an attorney for another party and then Hazeltine’s actions paved the way for his wife to become a guardian or guardian advocate for a disabled adult. The state accuses Colin of improperly transferring cases to fellow jurists, avoiding random assignments by the clerk’s office.

In the case of a developmentally disabled woman, Carol Dobrzynski, now 75, Colin never entered an order of transfer and therefore was presiding when his wife was appointed, the complaint says. The clerk formally reassigned the case, involving a $290,000 trust, nearly four years later.

The signature above is that of Circuit Judge James Martz, who signed the order appointing Betsy Savitt guardian of Irving Stone. ... read more

The Post found another judge’s signature appeared on key orders in one of Savitt’s cases over the printed name of Judge Colin. Savitt tapped the joint account of the senior ward and his wife for $18,000 and overdrew it, leaving his widow complaining to the court to no avail, court documents show.

In another case, Colin appointed Hazeltine, positioning Savitt to take over a guardianship attached to a trust worth about $680,000.

 

Judge French approved at least four petitions for Savitt in which she had taken retainers from the life savings of her incapacitated wards without prior court approval and before doing any work, the complaint states.

According to a motion by the state, Savitt said in her deposition that she went on vacation with French, but Savitt’s attorney Ellen Morris denied in court papers that Savitt ever went on vacation with French.

The Post previously reported that French’s second ex-wife, Christine Connelly, said she and Judge French were friends with Colin and Savitt. The two couples had planned a cruise vacation, but it fell through when Colin didn’t have his passport.

Colin and French also often lunched together when both were on the bench in south county.

But French wasn’t the only one signing Savitt orders. The guardianship office’s complaint claims Colin signed orders in cases where Savitt was appointed as either a professional guardian or guardian advocate.

Colin denies conflict

Colin in 2015 told The Post he never presided over cases involving his wife. He also denied any conflict of interest in granting fee requests for attorneys who represented his wife and appeared in front of him in other cases.

Colin, though, recused himself from 115 cases that involved his wife’s lawyers in the last six months of 2015 after The Post started asking questions in its investigation. And the complaint uses the term “conflict of interest” more than 30 times.

Hon. Peter Blanc, 15th Judicial Circuit

Chief Judge Krista Marx said last month that the state’s complaint against Savitt is a rehashing of accusations that have dogged the guardian for years. But she did add that at the time Savitt was going to apply to become a guardian, then-Chief Judge Peter Blanc expressed concern to Judge Colin and told Judge Colin he should not directly oversee Savitt’s cases.

“There definitely came a time when Judge Blanc became aware of this issue,” Marx said.

Blanc said in his recollection Colin came to him to say Savitt would be a professional guardian. Blanc advised Colin to be sure his wife didn’t appear in front of him and that it would be up to other judges if they would recuse themselves or not from her cases.

Husband, wife communications

How extraordinary is this first-ever hearing on a professional guardian? Consider the wrestling match between the two sides prior to the hearing.

The guardian office asked for all communications Savitt had with her husband, Judge Colin, about the cases in question. It also sought from Savitt any communications and “photographs or video recordings” where Savitt is seen with current or former judges outside her work as a guardian.

As for the pillow talk, Morris, claimed spousal privilege for the upcoming proceeding to keep such communications secret — even though claiming that privilege would appear to support the state’s point that it was an inherent conflict of interest.

Morris’ response to the initial complaint asked the guardianship office to admit that there is “no law which requires a guardian to disclose a marriage to a judge who is not presiding over any of the guardian’s cases.” She also asked that the guardianship office admit that the orders Colin signed in Savitt’s cases were only “perfunctory.”

 

The guardianship office responded that Colin signed two mandatory annual plans for guardianships submitted by Savitt and denied that they were routine.

Elizabeth Savitt, left, and her attorney Ellen Morris listen during a hearing in the Frances Berkowitz guardianship cases at the North ... read more

Morris said in a court document that Savitt’s actions were not within the purview of the state guardianship office since it wasn’t established by law until March 2016. She challenges the clerk’s authority to determine how judges transfer cases and holds fast to her position that Savitt had every right to take retainers before doing any work.

“There are many court documents which disprove the allegations in the complaint,” Morris writes in Savitt’s objection.

Morris adamantly objected in a motion to the use of the clerk’s confidential report during the hearing, dismissing the report, saying it “contains hearsay … statements and conclusions that are highly objectionable throughout.” The administrative law judge, Mary Li Creasy, late Friday denied the motion.

Colin, Savitt and Hazeltine are listed as witnesses for the upcoming hearing. So is Anthony Palmieri, deputy inspector general for the clerk’s office.

Morris has defended Savitt as families repeatedly have alleged the guardian puts her and her attorneys’ own monetary wants above caring for the needs of their loved ones. The accusations from families include missingmoney, overbilling and unnecessary litigation to generate fees. No court has found Savitt responsible for any missing money or that she engaged in unnecessary litigation to generate fees.

Post asked 'to defer writing'

Savitt did not return a phone call or email, but in the past, dismissed The Post’s stories about her as “fake news.”

Colin said the allegations in the complaint lack merit but said he felt commenting on the allegations was inappropriate with the pending hearing.

“The Post was requested to defer writing a story on mere allegations against Ms. Savitt until the final hearing when all sides will be heard and the judge will make a decision,” Colin said in an email. “Regrettably, the Post said it was declining to wait, stating that the reporter was instructed to write the story before the hearing would be held. That is unfortunate but not surprising.”

After the publication of The Post’s initial investigation, Colin was moved out of the guardianship division. He later announced his retirement. All of Savitt’s cases were moved to the north county courthouse and the south county judges, including French, were directed to recuse themselves from Savitt’s cases. French also was moved to another division and has announced his retirement as of the end of this year.

Palm Beach County then adopted new requirements for guardians that addressed the problems highlighted by Savitt’s behavior — such as taking thousands of dollars as “retainers” from the life savings of her elderly wards without prior court approval.

Savitt’s reign as a guardian started when Colin approached Hazeltine in the hallway of the South County Courthouse in 2009.

“I was leaving the courtroom and he hopped off the bench and asked me to meet him in the hallway outside the courtroom,” Hazeltine recalled. “His wife was there and he asked me to sit down with him and her in a side conference room, just outside the courtroom. He introduced me to her and then asked if I would represent her in guardianship cases. That is how it began.”

At the time, the judge’s finances were marked by foreclosures, liens and unpaid debt. Colin even borrowed money repeatedly from a wealthy client — Helen Rosburg Rich, heir to the Wrigley gum fortune — from his days as a divorce attorney, records show.

Rich said she initiallty balked at one $20,000 request, and the judge threw a “diaper baby fit.” Securing the loan for Colin from Rich was his former law partner, Kirk Friedland, who was to net more than $500,000 fees in a probate case where he was appointed by Colin as a “neutral fiduciary” between warring heirs of the founder of the Wet ‘n’ Wild cosmetic line. In 2008, the IRS placed liens on Colin for about $67,000 in unpaid income taxes.

Another judge's signature

A look at Savitt’s early cases by The Post indicates Colin’s role in steering guardianships to his wife.

Irving Stone, 83, of Boynton Beach suffered from Alzheimer’s disease and was alive for only eight days during the guardianship, court documents show.

Colin appointed Hazeltine as attorney for Stone on Nov. 30, 2011, after Stone’s son petitioned to be the guardian. On the emergency temporary guardian petition filed two days later, the name of Stone’s son is crossed out and Savitt’s name written above in pen.

Colin’s name is printed on the order as the judge making the decision, but the signature is of Circuit Judge James Martz, The Post found in court documents.

 

Judge Colin then asked the clerk on Dec. 6 to transfer the case but makes the transfer effective five days earlier. But by that time, Savitt had already been appointed and taken the $18,000. Stone died four days later.

Court documents show Savitt received $3,240 in fees for less than two weeks of work as a guardian. Hazeltine got $4,600. Two other attorneys brought into the case were awarded fees for nearly $10,000.

The bill of Clifford Hark, who represented Stone’s children, notes he reviewed a “fax from Judge Colin.” He ended up charging more than $7,100 and would later refer other guardianships to Savitt.

“Retired Judge Colin never asked me to assist his wife in establishing herself as a guardian, nor did I ever assist her in establishing herself as a guardian,” Hark said.

Hazeltine’s bill notes that she was in touch with the judicial assistant, who instructed her to prepare a notice “so it reflects it is in front of Judge Martz.”

 

Jean Stone, the spouse for 17 years of the deceased and a retired school teacher, pushed back on the fees requested by Savitt and the attorneys. She said the guardian ignored her husband’s living will, which gave her power of attorney and named her his health care surrogate.

The widow Stone also demanded Savitt return $18,000 taken from a joint bank account, causing it to be overdrawn.

“This woman belongs in jail. She is just an evil, evil person,” said Jean Stone, now 87.

The widow said she first heard from Savitt by phone on Thanksgiving night 2011 — a week before the judge’s wife was appointed. “She said you better be in court at 8 a.m. or else,” Jean Stone said. “I didn’t know what to do.”

In her husband’s last days, she said Savitt showed up at her door with members of Irving Stone’s estranged family and a sheriff’s deputy at 2 a.m. Savitt demanded to take inventory of all the possessions in the home, but the widow Stone had her husband’s will leaving everything to her and the deputy would not allow the guardian to enter, she said.

As for the $18,000, Jean Stone said, “I figured that was lost. There was no way to recoup it.”

She said Savitt treated her — the wife of a dying man —“like I was that something that crawled out from under a rock. They (Colin and Savitt) deserve to be punished.”

Another early Savitt guardianship involved Jennifer Keller, a woman who suffered from schizophrenia and who, according to documents, had a $680,000 trust after a personal injury settlement that financed her guardianship.

Keller was 48 when she called Hazeltine in September 2009, wanting out of an assisted care facility full of elderly people that her current guardian had placed her in. In addition to her mental illness, Keller was a diabetic and had to have kidney dialysis. The administrators of the trust had sought the guardianship after Keller was involuntarily hospitalized and wasn’t taking care of herself.

It was around the same time Colin had asked Hazeltine to be his wife’s lawyer.

Colin appointed Hazeltine to represent Keller. Within the year, Hazeltine was to initiate proceedings to remove Keller’s guardian and bring in Savitt. The guardianship office’s complaint says Colin entered an “order of transfer” to Circuit Judge Charles Burton and bypassed a random assignment by the clerk’s office.

Documents showed that the administrator for Keller’s trust paid $25,000 a year for the guardianship in 2008.

Other accusations against Savitt in the complaint include her promise incorporated in a court order that she would serve as a co-guardian to Wendy Schmid — a 45-year-old mentally disabled woman — without compensation, only to later submit a petition and be paid $903 from a ward whose income was about $1,000 a month from Social Security.

Morris in court papers says that Savitt indeed agreed to take no compensation and received money but denied it’s a violation of the court’s order.  (Continue)

Full Article & Source:

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

See Also: 

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

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