DeSantis launches probe of office overseeing guardians after death, resignation; advocates want action

Carol Berkowitz

Gov. Ron DeSantis said Wednesday his administration is “vigorously” investigating the state office overseeing professional guardians in the wake of its director’s sudden resignation, adding he may ask for legislation to fix the beleaguered system.

The Orlando Sentinel reported this month that a man died after professional guardian Rebecca Fierle of Orlando issued a “do not resuscitate” order against his wishes. A judge found Fierle had “abused her powers” by filing such orders for numerous incapacitated clients without permission from their families or the court. Fierle resigned from 95 Orange County cases during a July 11 hearing.

The next week, she resigned from additional cases in Seminole County during an emergency court hearing, but it was not immediately clear how many cases were involved because the hearing was closed to the public.

Carol Berkowitz, executive director of the Florida Office of Public and Professional Guardians, which oversees investigations and discipline of the more than 550 professional guardians in the state, abruptly resigned July 12, three days after the Okaloosa County Clerk of Court and Comptroller produced an investigative report on Fierle. The state’s Department of Elder Affairs confirmed Berkowitz’s resignation Tuesday but has not said what led to her departure.

 “We were obviously concerned with some of the reports,” DeSantis said at an event at the Florida’s Turnpike headquarters in Ocoee. Richard Prudom, the secretary of Elder Affairs, “is pursuing it, and I told him to pursue it vigorously.”

He said he told all agencies to “take six months, you’ll figure out what’s going on, figure out what needs to be done,” adding the agency heads have been reporting back to him over the course of July.

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DeSantis launches probe of office overseeing guardians after death, resignation; advocates want action

Director of Florida guardianship program steps down

The director of the Florida guardianship program has stepped down amid fallout after a state guardian was accused of filing "do not resuscitate" orders on behalf of clients without their permission.

Carol Berkowitz, the statewide public guardianship program director, submitted her resignation to the Department of Elder Affairs July 12, according to her resignation letter.

Berkowitz did not say in her letter why she was stepping down. However, her resignation comes after an Orange County judge revoked "do not resuscitate" orders in 98 cases in which the guardian in question, Rebecca Fierle, was found to have "abused her powers" by filing DNR orders on behalf of clients without permission from their families.

Under Florida law, a judge appoints guardians for minors and adults with mental or physical disabilities, allowing them to make financial and medical decisions.

Fl Dept. of Elder Affairs confirms Exec. Dir. Carol A. Berkowitz resigned from her post at the Office of Public and Professional Guardians July 12th. That is just one day after a 9th Circuit Judge revoked guardianships from almost a hundred cases involving guardian Rebecca Fierle pic.twitter.com/oQsp2KzJ9S

— Adrianna Iwasinski (@AdriannaNews6) July 23, 2019

Fierle resigned on Friday and Seminole County Judge John Galluzzo accepted her resignation.

An investigation by the Office of Public and Professional Guardians determined one of Fierle's wards died in a Tampa hospital after staff couldn't perform lifesaving procedures following a "do not resuscitate" order Fierle filed against the ward's wishes.

Records show a guardianship court monitor was appointed this month to investigate claims of abuse.

More than a dozen family members have reached out to News 6 complaining about Fierle's actions.

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Director of Florida guardianship program steps down

4 quit after Oklahoma veteran with maggots in wound dies

Owen Reese Peterson

TALIHINA, Okla. – Four staff members have resigned from a southeastern Oklahoma veterans facility rather than face the possibility of getting fired, after a resident was found to have maggots in a wound.

Oklahoma Department of Veterans Affairs executive director Myles Deering said the maggots were discovered while the patient was alive at the facility in Talihina, about 130 miles southeast of Tulsa. Deering said the maggots were not the cause of his death.

Deering said the veteran came to the center with an infection and died of sepsis, the Tulsa World reported.

The agency said a physician's assistant and three nurses, including the director of nursing, resigned after an investigation was conducted. Spokesman Shane Faulkner said all four chose to resign before the termination process began.

The incident was reported to the Oklahoma State Department of Health and the district attorney for LeFlore and Latimer counties to determine if any charges should be filed.

Raymie Parker identified the late veteran as his father, Owen Reese Peterson. He died Oct. 3 at age 73.

"During the 21 days I was there ... I pled with the medical staff, the senior medical staff, to increase his meds so his bandages could be changed," Parker said. "I was met with a stonewall for much of that time."

Deering said the agency has been considering moving from the nearly 100-year-old facility, because fixing the existing building would take millions of dollars. Sen. Frank Simpson said the facility was also faced with the inability to find and retain staff.

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4 quit after Oklahoma veteran with maggots in wound dies

Minnesota Conservator Leaves Trail of Complaints

A Long Lake man appointed by Minnesota courts to oversee the lives and estates of vulnerable adults is resigning from nearly five dozen cases in the wake of complaints about mismanagement and a violent attack on him by one of his clients.

Clarence Coffindaffer has been appointed in 91 vulnerable adult cases, 57 of which remain open, despite a series of criticisms from court auditors and objections to his supervision from some wards and their family members. One of his attorneys, Charles Singer, confirmed that Coffindaffer plans to quit the business as soon as possible.

“This process will take several months as there are several attorneys involved and it is not an easy task to find professionals who will take some of these cases,” Singer said.

Coffindaffer’s pending resignations likely mean added expenses for his clients and a Sisyphean task for the court as it struggles to find acceptable replacements to supervise its wards. The disruption hits Twin Cities probate courts still grappling with the 2014 collapse of another professional guardian and conservator firm known as Alternate Decision Makers Inc. (ADMI), whose founder admitted to pilfering the wards’ accounts.

Coffindaffer inherited a number of ADMI’s former clients, taking control of their finances despite his own background of financial difficulties. His 2005 personal bankruptcy petition in West Virginia was not publicly disclosed in some court records, despite a state law requiring it.

Hennepin District Judge Jamie L. Anderson wrote Coffindaffer in September demanding an explanation for late annual account filings, missing and incomplete support documentation and missing Social Security payments caused by his management failures. In January, she fined Coffindaffer $100 for failing to file required documents in one case and for failing to appear at a December court hearing. This month, she ordered him to appear before her on March 28 for failing to submit several required filings and skipping a February hearing in another case.

Auditors have raised concerns about Coffindaffer routing expense “reimbursements” for his clients through a company he founded called Valtara LLC. The company’s registration lapsed in 2009 and he only renewed it this month, after a reporter’s inquiry.

Some wards and their loved ones say they can’t be rid of Coffindaffer soon enough.

Coffindaffer became a professional guardian and conservator in 2007, two years after filing for bankruptcy. His new profession followed a career as a librarian, college administrator and professor of information technology.

Prospective conservators and guardians have been required to disclose prior bankruptcy filings since August 2013. Court filings since then state that Coffindaffer never filed for bankruptcy, or they remain silent on the issue, or they state that he filed for bankruptcy “more than 20 years earlier” and that the case number was “unknown.”

The Star Tribune obtained his bankruptcy filings online. His debts at the time included $82,000 in unsecured claims to banks and credit card companies. Coffindaffer said in the filing that he was receiving $3,660 a month in disability payments. Singer said the nature of the disability is confidential information.

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Minnesota Conservator Leaves Trail of Complaints

Nevada Judicial Discipline Commission Could Seek Lifetime Ban for Convicted Ex-Judge Steven Jones

Former Family Court Judge Steven Jones is off the public payroll, but the Nevada Judicial Discipline Commission may not be ready to let him go quietly.

Paul Deyhle, the commission’s executive director, said Thursday the seven-member panel will consider a lifetime ban to prevent Jones from running for judicial office again.

“Conceivably, after he gets out of prison, he could run to be a judge again,” Deyhle said.

Atty Draskovich and Steven Jones

Jones faces more than two years behind bars after his guilty plea Wednesday in a $2.6 million investment scheme that occurred between 2002 and 2012.

He submitted a terse, handwritten resignation to Gov. Brian Sandoval after he pleaded guilty, and the state stopped paying his annual $200,000 salary.

Jones, 56, first elected to the bench in 1992, also informed the State Bar of Nevada Wednesday that he was giving up his law license.

His defense lawyer, Robert Draskovich, said Jones would have to reapply for his license before he could run for judge again, and that’s not likely to happen.

“He has no intention of getting his law license back,” Draskovich said.

Deyhle said there is no urgency for the commission to act on a lifetime ban because Jones is headed for prison and no longer being paid by taxpayers. But Deyhle added he expected the commission would want to take up the matter soon.

Jones has had a long and combative relationship with the judicial commission. He fought disciplinary proceedings against him all the way to the Nevada Supreme Court.

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Commission Could Seek Lifetime Ban for Convicted Ex-Judge

See Also:
Suspended Judge Steven Jones Inks Plea Deal in Fraud Case

Former Probate Judge Mark Belinky Answers Questions About His Resignation

Mahoning County Probate Judge Mark Belinky has resigned from the bench amid an investigation into suspected corruption.

 

21 News Reporter Michelle Nicks spoke with Judge Belinky after he issued his resignation.

 

She reports Belinky did return her phone call and answered some of her questions about his resignation.

 

Belinky said "I'm trying to approach my situation in the best interest of my family and myself. I am concerned about my staff and I am concerned about the court. I have spent 35 years working in Probate Court or being the judge of the court. It takes tremendous experience to run it. I thank the thousands of people who allowed me to help them there. It was an honor. The public overwhelmingly elected me to be the judge. I took that very seriously. I personally was proud to greet and wait on the public as they came to my office."

 

Belinky told Michelle Nicks that he will retain his law license for now and he's focused on supporting his family and getting through this.

He would not discuss the details of the Attorney General's investigation at this time, on the advice of his attorney.

There has been no indication that Belinky has been charged with any crime.

Last month agents from the Ohio Bureau of Criminal Investigation and sheriff's deputies searched Belinky's courthouse office and his home.

According to a search warrant, investigators were looking for bank records, campaign finance reports, lists of donations and donors, ledgers, and any documentation, computers electronic storage devices, and electronic media.
 

Court documents said that authorities were seeking evidence in criminal offenses including, engaging in a pattern of corrupt activity, tampering with records, bribery, money laundering, theft and theft in office.

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Mahong County Probate Judge Mark Responds After Resignation

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Ohio Mahong County Probate Judge Mark Belinky Resigns!

Ohio Mahong County Probate Judge Mark Belinky Resigns!

Mahoning County Probate Court Judge Mark Belinky resigned Friday evening amid a probe of his dealings by the Ohio Bureau of Criminal Investigation, the FBI and the Mahoning County Sheriff’s Office.

In a letter submitted to Ohio Gove. John Kasich Friday, Belinky said, “Please be advised that the undersigned is the Judge of the Mahoning County Probate Court. I hereby submit my resignation as Judge of the Court effective this date.”

Belinky would not go on camera, but in a phone interview, he said he made the decision in the best interest of his family and himself.

“I was overwhelmingly elected to be probate judge,” Belinky said. “I was honored to help the thousands of people who came to the court. I was honored to serve them, and I’m sorry I can no longer do that.”

Belinky also said he is very worried about the court and he hopes the governor would put a very qualified person in the position.

Political leaders are calling Belinky’s resignation another black eye for the Valley.

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Mahong County Judge Resigns

See Also:
Mahong County (OH) Probate Judge Mark Belinky's Campaign and Financial Records Seized

Judge Ken Anderson Resigns Amid Ethics Lawsuit

Williamson County state district Judge Ken Anderson, who oversaw the wrongful murder conviction of Michael Morton in 1987, submitted a letter to Gov. Rick Perry on Monday resigning his position effective immediately.

Anderson is facing both civil and criminal court proceedings for his role in prosecuting Morton for the 1986 murder of his wife, Christine Morton. Attorneys for Morton allege that Anderson withheld critical evidence that pointed to Morton's innocence and that he lied to the judge about the existence of that evidence. Morton was sentenced to life in prison and spent nearly 25 years behind bars before DNA testing revealed that he was innocent and connected another man to his wife's killing. He was released from prison in 2011.

In a statement, Anderson made no reference to the Morton case and thanked his supporters. For the "foreseeable future" he said he would be focused on "making the transition into private life."

"There comes a time when every public official must decide that it is time to leave public life," Anderson said in the statement released by his lawyer, Eric Nichols. "For me and my family, that time is now."

Morton's lawyers, John Raley of the Houston law firm Raley & Bowick, and Barry Scheck of the New York-based Innocence Project, said Anderson's resignation was "long overdue."

"We look forward to an adjudication of the pending disciplinary action brought by the state bar as well as the pending criminal charges," they said in an emailed statement. "Judge Anderson deserves a fair trial, but if there are findings against him in either proceeding, we would expect that appropriate penalties be imposed.”

Anderson was appointed to the bench by Gov. Rick Perry in 2002 and the State Bar of Texas named him “Prosecutor of the Year” in 1995. Perry responded to Anderson on Monday with a letter accepting the resignation and thanking the longtime prosecutor and judge for his service.

The State Bar filed a disciplinary case against Anderson last year, and the trial is scheduled to begin on Monday in Williamson County. Anderson could be disbarred if he is found to have violated professional rules of conduct in securing Morton's wrongful conviction.

Anderson is also facing criminal charges after Tarrant County state district Judge Louis Sturns, following a court of inquiry in February, charged the former prosecutor with tampering with government records (a misdemeanor), tampering with physical evidence (a felony) and failing to comply with a judge's order to turn over such evidence, for which he could be held in “contempt of court.”

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Judge Ken Anderson Resigns Amid Ethics Lawsuit

Illinois judges seeking assistance at faster pace

SPRINGFIELD — The cocaine-induced death of a downstate Illinois judge in March and the arrest last month of a colleague on drug-related charges comes at a time when more attorneys than ever are seeking help for mental health issues and addiction problems.

According to the most recent annual report of the Illinois Lawyers Assistance Program, which helps find treatment for attorneys, 299 new cases were opened during the most recent fiscal year, the most of any time in the agency's 32-year history.

Janet Piper Voss, executive director of the assistance program, attributes the increase to a rise in awareness of the program and an acceptance that treatment is a better option than hiding problems.
But, she said, judges often are a different breed.

"They are very concerned about letting anyone know there is a problem," Voss said. "And they tend to be more isolated in their work setting."

Joe Christ, 49, had been an associate judge in St. Clair County for less than a month before he died of a cocaine overdose in March. The Illinois State University graduate was a county prosecutor for nearly two decades before his elevation to the bench.

Christ's body was recovered at a hunting lodge in Pike County owned by the parents of St. Clair County Circuit Judge Michael Cook, 45, who has since been charged with possessing a weapon while using a controlled substance and misdemeanor possession of heroin.

According to a review of disciplinary action against judges at the Illinois Judicial Inquiry Board, the behavior of the two men would be considered among the most egregious when compared to cases going back for decades.

Since 1973, there have been 82 cases filed against wayward judges by the inquiry board.
Of them, only one other judge was connected to a drug-related crime.

In October 1996, Cook County Associate Judge Frank Edwards was nabbed for transporting marijuana at an airport in Belize.

A review of inquiry board documents shows 12 judges have been penalized over the past 40 years for allegations of alcohol abuse. Of those, cases against five judges were filed in the past decade.

Other inquiry board findings center on issues ranging from the attempted use of judicial clout to the mistreatment of people in their courtrooms.

In 2006, for example, the board opened an inquiry into Logan County Associate Judge Donald Behle, who was accused of having dated a woman while presiding over her divorce and child custody case.

He also faced an allegation that he contacted a witness in a case in which he was the presiding judge.
The case was closed in 2007 after Behle resigned from office.

Among the highest-profile cases of the inquiry board was the 1997 censure of James Heiple, the chief justice of the Illinois Supreme Court.

Heiple was accused of trying to use his position to keep from being charged with a traffic violation.
But those cases affected judges who remained in office after they were investigated.

Once a judge leaves office, the inquiry board loses jurisdiction over the case. That means a judge accused of a drug-related crime might not be investigated by board.

"There could be others because they left (the job,)" said Kathy Twine, executive director of the Judicial Inquiry Board.

Former Sangamon County Associate Judge Philip Schickendanz serves as an example. He resigned in 1990 after being convicted of driving under the influence of alcohol and cocaine possession.

He eventually was stripped of his law license by a separate agency, the Illinois Attorney Registration and Disciplinary Commission.

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Illinois judges seeking assistance at faster pace

Judge quits to avoid discipline

Alamogordo jurist faced actions over alleged incompetence

SANTA FE – A state district court judge in Alamogordo has resigned to avoid possible disciplinary action by New Mexico’s highest court for alleged misconduct and incompetence in his duties.

District Judge William Brogan resigned Friday under an agreement approved by the state Supreme Court, which released a copy of its order on Tuesday.

The Judicial Standards Commission had started disciplinary proceedings against Brogan for violations of the Code of Judicial Conduct since 2011, including repeatedly failing to follow rules for handing criminal cases.

The commission said the judge “failed to maintain competence in the performance of judicial duties” or was “unable to perform judicial duties competently and diligently.”

The judge required guidance from court staff and attorneys because of his lack of understanding of basic courtroom procedures, the commission said.

Other examples of the alleged misconduct included “failing to be fair and impartial,” improperly completing sentencing forms and “failing to devote adequate time to judicial duties by not scheduling hearings except emergency hearings on Friday and by not allowing hearings to be scheduled after 3:30 p.m.”

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Judge quits to avoid discipline