Unfit To Testify in Court

Britney Spears has escaped testifying in her ongoing battle to win permanent restraining orders against three of her former companions -- a judge has declared she is not fit to take the stand.

Britney's father, Jamie Spears, who has been appointed conservator of her estate, took to the courts earlier this year in a bid to extend protective orders against former manager Sam Lutfi, lawyer Jon Eardley, and ex-boyfriend Adnan Ghalib.

A Los Angeles judge granted the restraining order against Ghalib, which will be in place for three years.

But Lutfi and Eardley are contesting the case in court, with Eardley filing papers demanding the singer testify at the hearing.

Eardley, the attorney Spears allegedly hired to fight her conservatorship case in 2008, argued that if the singer is well enough to perform a major tour, she should be able to attend court and give evidence.

But Eardley's request has been denied by Los Angeles Superior Court Judge Akiva Bobb, who upheld a previous ruling that states Spears isn't mentally fit to make her own legal decisions.

The judge told the court, "There was a finding of a judge of the Superior Court that she lacks the capacity to testify."

Full Article and Source:
Spears Ruled 'Unfit' To Testify in Court

See also:
Lawyer Says Ward Can Testify

Guardianship / Conservatorship Report

In January 2009, a study group report entitled Report of the Guardianship and Conservatorship Study Group was published by the State Court Administrator’s Office to make recommendations to the Minnesota Legislature on various issues, including the rights of protected persons and the powers and duties of guardians and conservators.

Among the report’s recommendations were to educate family members, interested persons, and guardians on the duties, responsibilities, and limitations of guardians.

Report of the Guardianship and Conservatorship Study Group

Elder Abuse Alert

An elder abuse alert has gone out to all area adult and senior centers warning of a possible financial scam targeting local seniors.

The scheme was first reported about a month ago, originating from the Willows SeniorNet Learning Center in San Jose. According to a news release, two members reported receiving calls from someone claiming to be a representative from the center and asking about financial assets and resources.

The center was notified, and the case has been referred to police. Meanwhile, the Campbell Adult Center has been on alert and warning members about the scam.

Kathy Whitcomb, senior services supervisor at the center" "The purpose of putting it in our newsletter is to educate those who get our newsletter that we in Campbell are not doing that. We just want to let them know that we at the Campbell Adult Center are not involved with this whatsoever." Whitcomb said she knows of no incidents specific to the Campbell Adult Center, but advised that residents call police immediately if they receive any suspicious phone calls.

Campbell Police Capt. Dave Carmichael said there are a number of versions of the scam going around, but they usually have a common theme.

Anyone receiving a suspicious phone call or letter is advised to call Campbell police dispatch at 408-866-2101 or the San Jose Police Department's 311 hotline.

Full Article and Source:
Elder abuse alert goes out in local newsletter, with a scam warning

Sons Challenge Will

The sons of the late Thomas J. Clifford have challenged the will filed in Grand Forks County District Court on behalf of the former UND president and asked for formal probate proceedings.

District Judge Karen Braaten has ordered a hearing June 11 on the petition.

Stephen and Thomas Clifford Jr., sons of the late president and his first wife, Florence, say in their petition that they do not know “whether the document purported to be a will … and submitted for informal probate was validly executed” by their father.

They also suggest “that circumstances surrounding the death of the decedent and the actions and statements made by the appointed personal representative, Gayle Clifford, raise the issue of the validity of the document purported to be a will.”

Full Article and Source:
Tom Clifford's sons challenge will

"Squeal Rule" Clarified

The day after the Kentucky Supreme Court announced it had approved the first major changes in lawyer ethics rules in 20 years, the Administrative Office of the Courts said some of the changes were incorrectly described in a document released to news outlets and posted on the court's Web site.

One of the errors was in the wording of a new rule that requires lawyers to report the misconduct of other attorneys and judges.

As enacted by the court, the so-called "squeal rule" says an attorney "who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects" must report it to the Kentucky Bar Association.

The high court did not, however, adopt a rule that would have allowed lawyers to report confidential information to prevent clients from committing fraud.

And it did not include in its new rules commentary saying it is professional misconduct to manifest by "words or conduct" bias based on race, sex, sexual preference and other grounds.

Full Article and Source:
Office of courts clarifies new rules on lawyer ethics

See also:
Lawyers Must Report Misconduct

Attorney Bernardini and Judge Munger

See also:
Bernardini & Munger

Puppets Imitate Life

A Grandchild's Fight

Couple Wants Bail Lowered

Attorneys representing the married couple accused of stealing more than $750,000 in inheritance money from three children in their care are asking a West Valley Superior Court judge to lower the couple's bail.

Richard and Yvonne Reyes are jailed in lieu of $1.4 million bail on charges that they depleted the inheritance money over an 18-month period starting in September 2006.

The couple was granted temporary guardianship of three children whose parents died in a murder-suicide in June 2006.

On Wednesday, Yvonne Reyes' defense attorney urged Judge Elia V. Pirozzi to lower bail from $1.4 million to $100,000.

Full Article and Source:
RC couple seeks bail reduction in inheritance theft case

See also:
Attorneys Detail Case

Drained

I felt like a failure.

I felt like I let my husband down.

It made me feel that there was something wrong with me --that I am not good enough to care for him.

They took away all my rights and freedom.

No marriage. No pride. No hope. No future.

There are days I feel like giving up and stopping the fight.

But I keep in mind if I were to do that, my husband would have no-one.

I am drained emotionally.

I cannot stay focused on my job.

I am forgetful on simple tasks.

I never used to be this way.

Ordered to Pay Restitution

A woman pleaded guilty to stealing the $30,000 death benefit paid to her uncle following the death of his wife.

While friends and co-workers of the victim have suspicions that much more money was stolen by the niece over the years, police say they were only able to prove she took the $30,000.

The police determined that between April 1, 2007, and July 31, 2007, Lisa Viola used cash withdrawals, ATM transactions, phone transactions and overdraft protection to access Alfred Viola's savings account and convert the funds to her personal use through her checking account.

Lisa Marie Viola was sentenced to seven years probation as part of the plea agreement and ordered to pay restitution of $24,099 to Guardian Services of Pennsylvania.

Full Article and Source:
Woman pleads guilty to stealing from uncle