Conflict between a journalist and AGs office may highlight shortcomings in MI Elder Abuse Task Force

Attribution: Provided by Chris Abood

 

This note, written by an elder rights activist and signed by Division Chief Scott Teter, is the latest issue of contention between Teter, journalist Gretchen Rachel Hammond, and some members of the community of people trying to reform guardianship practices in Michigan. Teter denies telling activist Chris Abood to tell Hammond to "back off on Facebook."

While elderly Michiganders and their families struggle with a probate guardianship system that many allege is rife with abuse, a journalist who has been investigating Oakland County’s probate courts claims that members of Attorney General Dana Nessel’s staff have interfered with her work.

According to reporter Gretchen Rachel Hammond, Nessel’s communications director Kelly Rossman-McKinney called Hammond’s former editor to have her barred from a March press conference--and, more recently, an elder rights’ activist forwarded a note signed by Teter to Hammond. Among other things, the note includes the crossed-off line: “Back off on Facebook.”

Hammond also told me that, in her opinion, neither the attorney general nor the new task force have shown a commitment to investigating and holding probate judges or professional guardians accountable for ignoring existing laws designed to protect vulnerable adults from having their rights taken away from them.

For their part, both Scott Teter, a division chief in the AG’s office and the person coordinating the new task force, and Rossman-McKinney deny taking any action to interfere with Hammond’s work or discourage her from exercising her First Amendment rights. 

Teter further said that, by refusing to provide his office with details about 30 seniors whom she alleges are being held in unlicensed nursing facilities, Hammond is actually endangering the people she’s trying to help.

The most recent incident in the conflict between Hammond and Teter specifically was sparked by a handwritten note, signed by Teter, which was originally written down by elder rights activist Chris Abood during an event earlier this month at Madonna University in Livonia. 

Abood, who told me that her mother died after being placed under a guardian by Oakland County Probate Judge Linda Hallmark, first met Teter during a March 12 meeting between Teter, reporter Hammond and her team of investigators, and other self-reported victims of guardianship abuse along with other members of the attorney general’s staff.

According to a March 14 email from Hammond to Teter, during that meeting Hammond and her team showed Teter samples of redacted documents from their nine-month review of “nearly 3,000 court dockets belonging to former Public Administrator Jon B. Munger and Public Administrators Thomas Brennan Fraser, John Yun and Jennifer Carney,” in cases presided over by Oakland County probate judges including Linda Hallmark.

According to Hammond’s email, during their March 12 meeting her team presented Teter and his team with evidence indicating a pattern of Oakland County probate courts and professional guardians ignoring the law and victimizing senior citizens and their families alike. Hammond said her team found a pattern of guardianships being appointed without medical evidence being presented; wards and would-be wards being discouraged from attending hearings about their cases; judges ignoring family members’ existing durable powers of attorney and granting guardianship instead to for-profit, private guardians; and wards being placed in unlicensed nursing care facilities, including “two homes in which either the kitchen or refrigerator had been padlocked shut.”

Hammond’s March 14 email was in response a March 12 email from Teter in which he requested specific information about the sale of a home Hammond alleged was sold at more than $100,000 below market value. In addition, Teter wrote, “we are looking for the most egregious case that involved either the guardian ad litum ignoring the ward (who isn’t incapacitated) or one of the Cases that had the [durable power of attorney] that was ignored” in order to investigate and take action. 

Teter’s March 12 email doesn’t mention Hammond’s evidence of seniors being kept in unlicensed facilities or ask for help investigating those allegations. (During a June 24 interview with me, Teter said that he had asked Hammond for details about the unlicensed facilities during their meeting, and that to date he has “... exhausted probably 40 man hours of staff time trying to find people that were ... placed in non-licensed foster homes.”)

Unlicensed nursing facilities aren’t mentioned in the note that Abood said she took down while talking to Teter.

“I spoke with him and I said... What do you want me to say to Gretchen?,” Abood remembered. “He said, ‘Okay, what I need from her is a case, a file number and a name.’” The note, as taken down by Abood according to what she said was Teter’s instruction, asks for a case name and file number, “specific incidence when abuses criminal,” the file number for houses sold under value, and “... moving property to a small group of people.”

The note also contains the sentence, “Back off on Facebook,” which both Abood and Teter agree that Teter crossed out when he took the note from her to sign it. “He said to tell her to back off on Facebook. And I'm thinking, what's he doing looking at her Facebook? And then, when he got the card to sign it, he crossed it off even though he said it. And he said, ‘Well, I don't want it to come from me. Let it come from you.’”

Teter denies the allegation. “I don't instruct people on what to do on Facebook,” he said, “and so when she wrote that down, I said, ‘No. I'm not telling her what to do or what not to do on Facebook. That's entirely up to you.’”

The disputed note isn’t the first time that Hammond alleges that a member of the attorney general’s staff has attempted to or actually interfered with her work. Hammond also claims that, prior to the March 25 press conference announcing the new Elder Abuse Task Force, Kelly Rossman-McKinney from the attorney general’s office called Hammond’s then-editor at The Detroit Free Press to bar her from the press conference. 

Rossman-McKinney denied the allegation in a June 24 email. The editor, Mark Rochester, declined to comment on the matter in a June 25 email.

Hammond also said that, contrary to Teter’s claim that she hasn’t attempted to alert authorities about the plight of senior citizens being kept in unlicensed facilities, she had in fact reached out to Detective Sgt. Sunshine Ponzetti of the Michigan State Police.

According to Hammond, “The last conversation I had with Ponzetti was around March 19, when I offered to send her a flash drive with all the evidence I had if she provided me with an address to which to send it. She said she would consult with her colleagues and let me know,” but never followed up. Michigan State Police spokesperson Lt. Mike Shaw told me that “we are unable to comment on ongoing investigations,” including whether or not an investigation is taking place.

Hammond said that her nine-month investigation into guardianship abuse at Oakland County’s probate courts will be published soon. In the meantime, Attorney General Nessel admitted in a recent interview with WXYZ that the guardianship system needs to be reformed, but failed to say whether or not either probate judges or professional guardians will face investigation. While talking with me on June 24, Teter said he is “absolutely” committed to investigating past behaviors and pursuing any appropriate disciplinary measures allowed by law.

For her part, Hammond isn’t reassured. “Everything I’ve seen in the past 12 months is that the majority of these crimes have been committed by probate attorneys and endorsed by probate judges,” she said. “I’m glad to see (AG Nessel) saying something that’s never been said before in terms of guardianship being reformed, but I don’t see any evidence that she’s putting consequences to people who have perpetrated abuses in the past.”

Report Elder Abuse – Including Issues With Professional Guardians and Probate Judges.

To report elder abuse, including issues with professional guardians or local probate judges, contact the Attorney General’s office at: 800-242-2873. Click here to learn more about the Elder Abuse Task Force, including locations, dates, and times for Attorney General Nessel’s Listening Tour to hear from senior citizens, family members, and the wider community.

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Conflict between a journalist and AGs office may highlight shortcomings in MI Elder Abuse Task Force

Oakland County Probate judges hire attorney under criminal investigation

PONTIAC, Mich. (WXYZ) - She was terminated from her position by the Attorney General and she was at the center of a 7 Action News investigation. So why are taxpayers now paying the salary of this local lawyer?

A criminal investigation was launched after we exposed how some public officials and real estate brokers were cashing in on probate estates, often leaving rightful heirs with very little.
 

• 7 Action News Investigation prompts probate law change, protects heirs
• Probate public officials terminated, resign after 7 Action News investigation
• Attorney General, Chief Probate Judge want new rules in wake of 7 Action News Investigation
• AG suspends Macomb probate public administrator, leaders want law changed

So why is one of the public officials being investigated by Oakland County -- now working for Oakland County’s Probate Court?

The 7 Investigators first exposed probate attorney Barbara Andruccioli a year ago.

 “How can the taxpayers have any confidence with you working here,” asked 7 Investigator Heather Catallo.

“Really, I think you probably need to talk to the judges,” said Andruccioli.

Andruccioli was a partner at Kemp Klein law firm. She was also an Attorney General-appointed Public Administrator:  a public official with the authority to open probate estates after someone dies if there are no heirs available.

Court records show Andruccioli teamed up with real estate broker Ralph Roberts and his companies to open those estates, sell the homes, and cash in.

We uncovered court filings that show Andruccioli and one of Roberts’ companies, Probate Asset Recovery, were billing for thousands of dollars, while the actual heirs ended up with very little.

“They should be held accountable,” Joanne Zaremba told Catallo in 2017.

Until the 7 Investigators got involved, Zaremba had no idea that Andruccioli had opened an estate in her late mother’s name, even though under the law, Andruccioli had a duty to find the heirs.

After our investigation, Attorney General Bill Schuette terminated Andruccioli as a Public Administrator. And that’s not all:  the FBI and Oakland County Sheriff’s detectives raided Ralph Roberts offices, and launched a criminal probe into the Public Administrators.

So why did the Oakland County Probate judges recently hire Andruccioli as the Probate Register for the county?

“How can the taxpayers have any confidence -- when you’re now under criminal investigation -- with you working in this court,” asked Catallo.

"That’s not true,” said Andruccioli.

“It struck me as the wolf guarding the hen house,” said Oakland County Treasurer Andy Meisner.

Oakland County Clerk Lisa Brown described her reaction when she first heard that the judges from the Probate Court (which Brown and Meisner do not oversee) hired Andruccioli: “Shock, absolute shock and bewilderment…  So out of having a wonderful pool of applicants, why would you choose this person who has a cloud over them?”

In the wake of our reporting, Brown and Meisner successfully fought to change the state laws that allowed this probate practice to go on.  Two bills sponsored by Rep. Jim Runestad (R-White Lake) and Rep. Jim Ellison (D-Royal Oak) were signed into law in February.

Neither Meisner nor Brown can understand why the four Oakland County Probate judges would hire Andruccioli.

“It’s natural that people that work together are going to get to know each other and establish relationships,” said Meisner. “The unusual part is when those relationships and friendships result in inappropriate preference, self-dealing, and lack of due process.”

The Probate Register oversees the daily operations of the Probate Courts Estates and Mental Health division.

Chief Probate Judge Kathleen Ryan would not talk to us on camera, but she did tell 7 Action News that the decision to hire Andruccioli as the Probate Register of the court was unanimous among all four judges and she said, “we’re confident in our hire.”

Judge Ryan also confirmed they hired Andruccioli at the top of the county pay scale, at $102,650.  Also, in the past Andruccioli has given small campaign contributions to two of the judges who hired her (Judge Ryan and Judge Jennifer Callaghan), but Judge Ryan says that had no bearing on the hiring decision.

“I think it is a slap in the face to a lot of people,” said Brown. “It reduces confidence that justice will be served here.”

Officials from both the Oakland County Prosecutor’s office and Sheriff’s office tell the 7 Investigators that the criminal probe into the probate scheme and the Public Administrators is ongoing.

County officials such as the Clerk, the Treasurer and the County Executive do not have control over who the judges hire.

Full Article & Source:
Oakland County Probate judges hire attorney under criminal investigation

Statewide judges’ meeting underway here

About 140 judges and magistrates from around Ohio are in the Mahoning Valley for the four-day annual conference of the state’s probate, domestic relations and juvenile court judges.

The event, based at the Avalon Inn, began Monday with a 41/2-hour program for probate judges and magistrates concerning the probate court’s role in combating financial exploitation of elderly people.

“It’s beyond frequent; it’s epidemic,” retired Trumbull County Probate Judge Thomas Swift said of financial abuse of the elderly.

Sometimes, family members, who are substance abusers, take elderly people’s medications and money, said Judge Swift, who sits three or four days a week as a visiting judge.

“We’re starting to see more and more in the abuse area, people taking advantage of power of attorneys of the elderly, and scams from flim-flam artists,” as the population ages, said Mahoning County Probate Judge Robert Rusu.

The opening speaker, Dr. Ronan Factora of the Cleveland Clinic’s Center for Geriatric Medicine, said most elderly victims of financial exploitation aren’t wealthy.

“Just that Social Security check – a little bit of money on a monthly basis – is enough for a family member to be tempted to take advantage of them,” Dr. Factora said.

Physically frail and mentally- impaired elderly people have an elevated risk of being financially exploited because they’re dependent on other people to care for them and manage their affairs, he said.

One conference attendees is Judge Mark Spees of Auglaize County Common Pleas Court, who handles probate, juvenile and domestic relations matters.

“It’s a good way to get education and a good way to affiliate with your other judges and swap ideas,” Judge Spees said of the gathering.

Judge Spees, who has held his combined judgeship since 1993, is a graduate of Canfield High School, Youngstown State University and the Ohio Northern University School of Law.

The conference “brings together colleagues from across the state, who will work together to improve the judicial system,” said Mahoning County Juvenile Court Judge Theresa Dellick.

“The Mahoning and Trumbull County specialty judges have been planning for the event since last August and are honored to host this year’s conference,” Judge Dellick added.

“It’s for [continuing] education and for networking,” among judges and magistrates, Mahoning County Domestic Relations Judge Beth A. Smith said of the gathering.

“I’m excited to showcase our area,” Judge Smith said.

Today, the judges and magistrates will get legislative and case law updates and discuss confidentiality, sealing records and access to records, best practices for jury trials, dealing with the media and use of language interpreters in court.

This evening will feature a tour of Mill Creek Park’s Fellows Riverside Gardens and a reception and dinner there with Jim Tressel, Youngstown State University’s president as the guest speaker.

Wednesday’s topics will include avoiding common pitfalls of social media, alternatives to juvenile detention and handling special needs litigants in the courtroom, followed by the annual banquet at the Avalon Inn featuring Chief Justice Maureen O’Connor of the Ohio Supreme Court as the guest speaker.

Thursday’s agenda includes sessions on complex trauma and brain injury, civil protection orders, child custody and community outreach and collaboration.

The Mahoning Valley previously hosted the conference in 1985, 1995 and 2003.

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Statewide judges’ meeting underway here

Probate Judges Urged to Use Mediation More Often in Emotionally Charged Cases

Probate court cases are often emotionally charged, with family members arguing about such topics as the terms of a will or how to best handle an elderly parent's care.

While probate court judges routinely hold hearings and issue decisions, probate courts also offer mediation, a chance for the parties to resolve their disputes amicably and in a less formal setting. The state's probate court leadership is pushing for more cases to be resolved this way.

As part of this push, on March 9 the Quinnipiac University School of Law's Center for Dispute Resolution hosted about 60 probate judges from around the state for a daylong training session in mediation. The probate courts approached Quinnipiac about doing a custom program for the judges, and Quinnipiac did the program for free.

Probate Court Administrator Paul Knierim said mediation is a "perfect fit" for probate cases. "I say that because almost all probate cases are filled with emotion," Knierim said. "The techniques used in mediation help parties better come to terms with those emotions and understand each other better while working toward a settlement."

The mediation program has been in place for several years, but there aren't any statistics for how often it is used. However, there is a system in place allowing parties to pick a mediator from a panel of probate judges and retired judges. The overall goal, according to Knierim, is to have more cases get resolved through mediation.

"My hope is that the exposure of all of our judges to this training will keep it at the top of their minds, and will result in judges discussing the topic of mediation more frequently with parties," Knierim said. "Sometimes it takes encouragement from judges before people who are at odds will think about working toward a settlement."

Mediation provides a neutral third party to facilitate negotiations and get the parties thinking about solutions that will please everyone, said Carolyn Wilks Kaas, an associate professor of law at Quinnipiac and co-director of the school's dispute resolution center.

"The mediator is trained to run the process so people can express what brought them into this conflict," Kaas said. "With probate court, it is almost always families. It could be a case where the mother has Alzheimer's disease, but the children have different ideas about how to help her. Through mediation, people can sit and talk and more creatively come up with a solution, like taking turns caring for their mother. The mediator doesn't decide the case, they help the parties decide their own case."

In the probate system, a mediator can be any judge other than the one normally assigned to the case. If the mediator is unable to help the parties reach a settlement, the case goes back to the presiding judge for a decision. The push to have more cases resolved through mediation could mean more work for retired judges, according to Knierim.

The probate courts' rules on mediation also were updated in recent months with the goal of increasing its use, Knierim said. The maximum daily mediation fee was set at $350, for example.

Probate courts often handle cases such as contested wills, disputes in the settlement of estates, hospitalization of people with psychiatric issues and guardianships of children if a parent can't care for a child due to substance abuse or incarceration.

"You are dealing with family dynamics and emotional situations all the time in probate court," Knierim said. "Most of our cases involve disputes among family members. It is better if they can find a way through mediation to come to their own agreement rather than fight it out and have a judge decide it for them."

When families choose mediation, they have a better chance of coming out of their dispute with relationships intact, according to Knierim. "A settlement which family members agree on themselves is far more promising for the long-term health of family relationships than a litigated outcome," Knierim said.

Knierim would like to have events like the one at Quinnipiac on a regular basis, approximately once every couple of years. The March training included discussion of mediation essentials, including what approaches work best and how to handle difficult parties or attorneys. There was also a simulated mediation involving a will being disputed by stepsiblings.

Kaas, the Quinnipiac associate professor, asserted that mediation isn't used enough in the probate courts now. Echoing Knierim, she said: "At the core of so many probate disputes are family matters. Mediation helps preserve ongoing relationships. Sometimes mediation can have the therapeutic result of mending fences. It is definitely something that should be used more."

Kaas said she hopes the training event provides a foundation for future sessions and more advanced training. "While all the judges have settlement experience, not all have mediation training," Kaas said. "Mediation is different, and the courts wanted to improve the training of all judges. I know the probate court is trying to increase the use of mediation."

Meriden probate judge Brian Mahon, who attended the training, said while the courts have had a mediation program, it hasn't been used much. Typically, probate judges have suggested it for the more difficult cases, he said. "It has not been used extensively, and it is hoped that in the future, we could use it more," Mahon said. "The seminar was to give us really good training in techniques and methods to use." •

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Probate Judges Urged to Use Mediation More Often in Emotionally Charged Cases

Tarrant Co. Probate Judges Protect Their Own

By Wick Allison

If the circus in Collin County isn’t a big enough argument against one-party government, the scandal brewing in the Tarrant County probate courts should be. I’ve linked to stories here and here  about Judge Pat Ferchill. The judge, perhaps as a result of the growing press attention to his penchant for secret ex-parte hearings and favored advocates, recused himself from the Covington case, where a Down Syndrome girl’s parents were removed as guardians because they objected to a group home’s use of psychotropic drugs to sedate her.  The motion to re-hear the case then went to his colleague, Judge Steven M. King.

Yesterday, Judge King postponed the hearing scheduled for today. He said it was “because of the election” and that “D Magazine had endorsed Ferchill’s opponent.” Here are the relevant two paragraphs from my editorial in the current issue:

In Tarrant County, it is the GOP that dominates with straight-ticket voting. For County Probate Court No. 2, they elected Pat Ferchill. This judge appears to have turned his probate court into a racket, holding ex parte hearings with favored attorneys, terminating guardianship rights of parents over their disabled children, and taking advantage of the elderly. Fort Worth Weekly and the Texas Tribune have done an excellent job of tracking the judge’s suspect rulings.

When no Democrat ran against Ferchill, long-time Fort Worth attorney Bob Shelton took up the cause and put his name on the ballot as a Libertarian. Republicans, do Fort Worth a favor. Vote for the Libertarian.

Apparently Judge King did not want an open hearing attended by the media where the pecularities of Judge Ferchill’s rulings and the worthiness of the evidence he relied on would be examined. Judge King is running unopposed for re-election. But, as noted above, Judge Ferchill is not.

Can a judge just willy-nilly postpone a hearing? Rule 251 of the Texas Rules of Civil Procedure:

No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.

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Tarrant Co. Probate Judges Protect Their Own