Lawsuit filed against juvenile court judge, magistrates

The lawsuit names Juvenile Court Judge Curtis Person and magistrates Larry Scroggs, Herbert Lane, and Dan Michael. (Photo Source: WMC Action News 5 file)

(WMC) - A complaint filed in Shelby County Chancery Court on Tuesday alleges longstanding violations of due process in the juvenile court system of Shelby County.

The lawsuit names Juvenile Court Judge Curtis Person, Chief Administrative Officer Larry Scroggs, Chief Magistrate Dan Michael, and Magistrate Herbert Lane as defendants.

Judge Person is the only elected official of the bunch. According to the complaint, people with business before the court have the right to have their cases heard before the elected judge. The complaint alleges that the elected judge declines to hear cases and has passed that responsibility on to appointed magistrates who are not elected.

"This practice in itself is a civil rights violation of the highest order that has a far reaching and negative effect on out entire community," said the attorney who filed the suit, Ray Glasgow, in a written statement.

Juvenile court fired back, saying it handles approximately 50,000 cases each year and that state laws do authorize Person to appoint magistrates who have the power of trial judges.

"The Juvenile Court judge also is authorized by state statute to appoint a magistrate as a special judge. This authority has been affirmed by the Tennessee Supreme Court and the Tennessee Court of Appeals," Juvenile Court of Memphis & Shelby County Chief Administrative Officer Larry Scroggs responded in a written statement.

Chancellor Walter Evans set the first court date for July 16 at 10 a.m. in his courtroom.

Juvenile Court of Memphis & Shelby County Chief Administrative Officer Larry Scroggs' statement

"Juvenile Court of Memphis and Shelby County handles approximately 50,000 cases each year. The cases involve contested issues relative to delinquency, dependency and neglect, custody, visitation and child support.

According to the law of the State of Tennessee, the Juvenile Court judge, the Juvenile Court magistrates, and the child support magistrates hear these cases.

The Juvenile Court judge is authorized by state law to appoint Juvenile Court magistrates. According to the law of the State of Tennessee, these magistrates have the powers of a trial judge. The Juvenile Court judge also is authorized by state statute to appoint a magistrate as a special judge. This authority has been affirmed by the Tennessee Supreme Court and the Tennessee Court of Appeals."

Filing attorney W. Ray Glasgow's statement

"Thank you for your interest in a lawsuit filed yesterday in Shelby County Chancery Court. The purpose of the lawsuit is twofold. One is to stop the long standing practice of having non-elected magistrates sit as special judges on a daily basis in our local Juvenile Court. This practice in itself is a civil rights violation of the highest order that has a far reaching and negative impact on our entire community.

The other is to bring transparency to the manner in which the Department of Justice findings are being addressed. I do not mean to imply that the personnel involved in addressing these issues have not been forthcoming, but rather, that the DOJ has touched only the tip of the iceberg. Their focus thus far has been on the systemic defective practices that have resulted in civil rights violations in the delinquency side of the court. Nothing has been mentioned about the deficiencies in other areas of the court's responsibility that include hearing matters on dependent and neglected or abused children, custody and visitation issues, child support, termination of parental rights, and a myriad of matters brought by the Tennessee Department of Children's Services and heard by the court on a daily basis. Each of these areas of law is equally as important as the delinquency issues and should be included and addressed in the court's reforms.

For these and other reasons it is both appropriate and necessary that all of these deficiencies and the reforms intended to address them be made crystal clear to the public, and that they be thoroughly scrutinized in a court of law. This lawsuit is intended to accomplish that."

Full Article & Source:
Lawsuit filed against juvenile court judge, magistrates

Mixed Reactions on Proposed Rules for Ohio Guardians

Judges, advocates and attorneys in Ohio cannot seem to agree on how to fix a broken system meant to protect the elderly and disabled from abuse and exploitation.

The subject of a yearlong Dispatch investigation, the rules for adult guardianships in Ohio are largely left up to individual county probate courts to decide. The Dispatch series, “Unguarded,” revealed that a lack of oversight has allowed some attorneys and family members entrusted to care for the state’s most vulnerable residents to take their dignity, money and freedom.

Despite an outcry from lawmakers and advocates to create changes, the Ohio Supreme Court received conflicting opinions on a draft set of rules that would strengthen the requirements for guardians. In general, judges and attorneys who serve as guardians argued against the rules, while advocates and those who work with volunteer guardians called for quick adoption of the rules and wanted them to be even stronger.

Such differing opinions contributed to delays in drafting the rules, leaving Ohio as one of the few states without a uniform system for overseeing guardianship.

The draft rules would, for the first time, require guardians in Ohio to:
• Meet personally with their wards at least twice a year.
• Undergo a criminal-background check (but not a financial check).
• File an annual report on the health and care of the ward. (Some Ohio counties require a report only every two years.)
• Avoid conflicts of interest and not serve as a direct-care provider for the ward unless authorized by the court.
• Undergo a minimum of six hours of training before serving as a guardian for the first time and attend three hours of training per year thereafter.

Full Editorial and Source:
Reactions Mixed on Proposed Rules for Guardians

See Also:
Columbus Dispatch "Unguarded" Series Page With Links to All Reports
Thousands of Ohio’s most vulnerable residents are trapped in a system created to protect them but instead allows unscrupulous guardians to rob them of freedom, dignity and their money. Even judges who oversee the system acknowledge that it is broken and allowing harm to innocent people. Anyone could end up in this system that currently controls the lives of 65,000 Ohioans. And almost anyone can become a guardian — even a felon.

Florida Judge Who Punched Attorney Returning to Bench

A Florida judge accused of punching an assistant public defender during an altercation outside a courtroom is returning to the bench but in a different capacity.

Brevard County Court Judge John Murphy returns to the bench on Monday.

But instead of hearing criminal cases, he will handle civil cases.

Chief Judge John Harris said Friday that the reassignment isn't a form of discipline.

He says Murphy has been receiving anger management counseling since the altercation earlier this month.

Murphy allegedly hit assistant public defender Andrew Weinstock outside a courtroom after the two exchanged words over whether his client could have a speedy trial.

Source:
Judge Who Punched Attorney Returning to Bench

Documentary: ALIVE INSIDE

ALIVE INSIDE is a joyous cinematic exploration of music’s capacity to reawaken our souls and uncover the deepest parts of our humanity.

Filmmaker Michael Rossato-Bennett chronicles the astonishing experiences of individuals around the country who have been revitalized through the simple experience of listening to music. His camera reveals the uniquely human connection we find in music and how its healing power can triumph where prescription medication falls short.

This stirring documentary follows social worker Dan Cohen, founder of the nonprofit organization Music & Memory, as he fights against a broken healthcare system to demonstrate music’s ability to combat memory loss and restore a deep sense of self to those suffering from it. Rossato-Bennett visits family members who have witnessed the miraculous effects of personalized music on their loved ones, and offers illuminating interviews with experts including renowned neurologist and best-selling author Oliver Sacks (Musicophilia: Tales of Music and the Brain) and musician Bobby McFerrin (“Don’t Worry, Be Happy”).

An uplifting cinematic exploration of music and the mind, ALIVE INSIDE’s inspirational and emotional story left audiences humming, clapping and cheering at the 2014 Sundance Film Festival, where it won the Audience Award.

Alive Inside - Trailer and Theater Schedule

Summit County (Ohio) Probate Court Launches Volunteer Guardian Program

Last week, Judge Elinore Marsh Stormer of the Summit County Probate Court announced the formation of a volunteer legal guardian program to bolster the ranks of attorneys representing the growing number of the elderly in the Akron area.

The initiative, a collaboration with the County Executive’s Office, the Department of Public Health, the ADM Board and the Summit DD Board, chose Jewish Family Services to train citizens to represent those under the guardianship of the probate court.

In September 2013, Judge Stormer created a program to train volunteer visitors who visit wards in long-term car facilities more regularly than the overworked guardians could manage. In January, the court began requiring background checks for new legal guardians following the removal of 10 guardians after complaints of malfeasance and inattention.

“The sheer volume of wards appointed to each guardian often allows for only one visit per year. The attorneys are already working for free as guardians, so you can’t expect them to go out and visit the wards more often,” Judge Stormer told the Legal News in September.

Court staff cited the aging Baby Boomer generation for the rise of indigent guardianships – over 2200 currently in Summit County. Last year, the Scripps Gerontology Center projected Ohio’s 60-plus population to increase by 30% by 2020.

“The JFS Volunteer Guardian Program volunteers will make a real difference to someone facing the most challenging time of their life,” Judge Stormer said. “Our court works every day to protect those who cannot care for themselves.”

The probate court will provide a significant portion of the funding to the program along with training and oversight.

The court chose Jewish Family Services as its provider because of its compatible mission, senior services and existing fiduciary relationship with the county, according the staff.

Full Article and Source:
Probate Court Launches Volunteer Guardian Program

Floating Wheelchairs - What a Great Idea!

Entering the beach water, let alone floating or swimming, has always been a dream for people with disabilities, but not any more.

Dubai’s public beaches in Al Mamzar and Jumeirah have become the first beaches in the region to offer the service of 15 floating wheelchairs to fulfill the desires of the elderly and the disabled to splash some water and enjoy on the beach.

Full Article and Source:
Floating Wheelchairs for Elderly at Dubai Beaches

Court-Appointed Guardianship Program is a 'Huge Injustice'

A Medina woman says her life has been nothing but stress ever since a judge appointed an attorney to oversee her husband’s medical affairs.

Former Medina County Probate Judge John Lohn in 2011 declared now-78-year-old Larry Nauth incompetent to handle his own medical and financial decisions because he has Alzheimer’s disease.

Lohn appointed an attorney as medical guardian because Marie Nauth and her husband’s children from a previous marriage couldn’t get along and couldn’t agree on which family member should oversee his affairs. Nauth became financial guardian.

The appointed attorney later resigned and in January 2012 a new one stepped in.

That’s when Nauth said her troubles began.

“She has full power over my poor husband and I’m just kind of stuck with that,” Nauth said. “It’s not what I thought it would be like at all.”

She’s had trouble getting in contact with the guardian via email and telephone, Nauth said, which could seriously damage her husband’s health.

“As soon as the hospitals find out there’s a guardian, they don’t know who they can talk to — even though I’m his wife,” she said. “Huge mistakes can be made if they can’t get ahold of her.”

Full Article and Source:
Wife:  Court-Appointed Guardianship Program is "Huge Injustice"

When Advance Directives Are Ignored

In the final two years of her mother’s life, Lisa McAllister started carrying copies of her mother’s do-not-resuscitate and power-of-attorney forms in her purse and her car. Her mother was cycling between the hospital, assisted living and rehab — “a round robin of craziness,” said Ms. McAllister, a retired copy editor — and was clear about not wanting to be kept alive with substantially diminished quality of life.

 

One night in 2012, after her mother had fallen in a nursing home in Silver Spring, Md., Ms. McAllister looked at her mother’s medical chart and saw that someone had checked the box that said, “No D.N.R.”

 

“I said, ‘There’s a D.N.R.,’ ” Ms. McAllister recalled. “The floor nurse said, ‘No, there isn’t.’ ” Ms. McAllister got testier. “There is, it’s in the file. I’ve seen it there.”

 

They went to the director of nursing, who checked the records — and yes, there was the D.N.R. form.

It wasn’t the only time Ms. McAllister had to intervene to stop aggressive treatments. “It was a common occurrence,” she said. “There’s a lot of bodies and a lot of files and people coming and going.”

 

Health care professionals, ethicists and advocates continually urge older people to document their preferences about end-of-life medical decisions, and a growing proportion do. A recent large national study, tracking more than 6,000 people over age 60 who died between 2000 and 2010, found that the proportion with advance directives climbed to 72 percent from 47 percent.

 

Full Article and Source:
When Advance Directives Are Ignored

See Also:
NASGA Members in Legislative Action

NASGA on HB5573 (Illinois)

Letter of Support to Illinois Representative David Harris Regarding HB5573, Introduced to Strengthen and Enforce Power of Attorney and Advance Directives

Montana Judge Suspended Over Rape Case Opposes Suspension

A Montana judge who made disparaging remarks about a teenage sexual assault victim and issued an unusually light sentence to her attacker last year is asking the state's Supreme Court to withdraw his suspension..

Judge G. Todd Baugh, who was soundly rebuked when he suggested that the 14-year-old victim of a 2008 sexual assault case was "as much in control of the situation" as her assailant, Casey Rambold, contends in court papers filed Friday that inaccurate news accounts helped lead to his suspension.

The victim killed herself before Rambold was arrested, though it is not clear if the suicide was linked to the assault. Baugh issued a suspended sentence to Rambold, a teacher who pleaded guilty to one county of sexual intercourse without consent and faced 20 years in prison, meaning he served 30 days in jail.

In Montana, the minimum sentence for that crime is two years. Baugh later tried to have the sentence modified, but the Supreme Court blocked him on procedural grounds.

The Supreme Court in May ordered a different judge to resentence Rambold and the former teacher could face additional prison time. Baugh has admitted in court filings that he erred by issuing the light sentence, but comments he made during and after the sentencing made the veteran judge the target of a torrent of criticism.

He suggested that the victim was "a troubled youth" and "older than her chronological age."

When questioned by reporters last year, Baugh also downplayed the crime, describing it as "horrible enough as it is given her age, but it wasn't this forcible beat-up rape."

Full Article and Source:
Montana Judge Suspended Over Rape Comments Opposes Suspension