Former Nevada judge, ousted in rare judicial disciplinary spectacle in 2008, dead in Las Vegas

LAS VEGAS — A former Nevada state court judge whose courtroom misconduct, disciplinary suspension, domestic turmoil and eventual removal from the bench in November 2008 became a rare public spectacle has died in Las Vegas at age 56.

Elizabeth LaMacchia, who was Elizabeth Halverson when she was elected and sworn in to a newly created judicial post in January 2007, died March 1, according to a Southern Nevada Health District death certificate. District spokeswoman Jennifer Sizemore said she could release no other information.

Attempts to reach LaMacchia's relatives Friday in San Francisco and Oakland, California, were unsuccessful.

As a Clark County District Court judge, Halverson served fewer than five turmoil-filled months before she was suspended with her $130,000-per-year salary. Eighteen more months of accusations and public hearings followed before she was removed from her elected position by the state Commission on Judicial Discipline and banned from ever serving again as a judge. By then, she had filed for re-election.

Halverson, who once served as a law clerk for the chief judge with whom she later clashed, blamed the allegations against her on vindictive colleagues and disgruntled staff. She told the commission that she didn't feel safe in the courthouse.

She was accused of falling asleep during proceedings, tainting juries resulting in at least two mistrials, treating staff members like personal servants and making false statements.

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Former Nevada judge ousted in rare judicial disciplinary spectacle in 2008 dead in Las Vegas

CA: Monterey Public Guardian Seeks to Chemically Restrain Elder Abuse Victim

On January 29, 2014, the Monterey County, California Public Guardian sought permissionn from the Court to forcibly administer psychotropic medications to conservatee and elder abuse victim Margarita Zelada.  The court continued the hearing to Wednesday, March 19, 2014, when they will again consider whether the Public Guardian will forcibly administer chemical restraint to a frail elderly woman who pleads for her liberty.

 

In March 2013, the Public Guardian engaged Pacific Grove Police Department to forcibly remove Margarita from her daughter’s home where she was visiting. Witnesses tell of ten officers with guns drawn and leveled Margarita’s daughter.

 

A private duty nurse recalls a female officer “barrel chested” Margarita’s daughter after the daughter asked to see a warrant authorizing entry into her home. No warrant was presented.

 

The same nurse said Margarita’s screams were the most horrible thing she ever heard. A year later, Margarita’s nightmare continues.

 

Margarita is imprisoned and isolated at Senior Paradise in Del Rey Oaks, over two hours from her home in San Francisco. The front door of the facility has three locks preventing entry or escape. Director Margaret Camera told elder rights advocates the Public Guardian instructed her to call police if anyone asked to visit Margarita.

 

Bowing to pressure from elder rights advocates, the Public Guardian allowed Margarita three short visits with her daughter in fall of 2013. Margarita spoke of being in prison and begged for her liberty.

The Public Guardian terminated the visits. Margarita last visited with her daughter on November 15, 2013.

 

The Public Guardian also obtained a court order denying Margarita her right to contact with advocates. Monterey County was the first to seek an order specifically crafted to circumvent the personal rights stated in AB937, signed into law in August 2013.
 

Seeking validation to further violate Margarita’s civil rights, the Public Guardian will return to court on March 19 with a motion to forcibly administer psychotropic medications.

The Public Guardian reports to the Monterey County Board of Supervisors. Readers may contact the Board at the following email addresses.

District 1: Fernando Armenta, district1@co.monterey.ca.us
District 2: Louis R. Calcagno, district2@co.monterey.ca.us
District 3: Simón Salinas, district3@co.monterey.ca.us
District 4: Jane Parker, district4@co.monterey.ca.us
District 5: Dave Potter, district5@co.monterey.ca.us

 

Full Article and Source:
Monterey County Public Guardian Seeks to Chemically Restrain Elder Abuse Victim

See Also:
NASGA:  Margarita Zelada, California Victim

Cleveland Municipal Court Judge Angela Stokes barred from hearing criminal cases

Cleveland Municipal Court Judge Angela Stokes -- who's been under investigation for allegations that she abused court staff, lawyers and defendants -- will no longer hear criminal cases beginning Monday. 

The municipal court's administrative judge, Ronald Adrine, made the decision Friday, according to court papers. The move follows continuing complaints about Stokes' behavior and a dramatic decision by the Cuyahoga County Public Defender's to seek a motion to transfer cases -- and its lawyers -- from her courtroom. The public defender's municipal division represents indigent clients charged with such things as petty theft, assault, DUI, domestic violence and driving under suspension. 

Adrine will handle Stokes' current cases (visiting Judge Mabel Jasper will help with the case load next week). Future criminal cases that would have normally been assigned to Stokes will be divided among the court's 11 other judges who handle similar dockets. These cases will boost each judge's workload by about 8 percent.

Stokes will continue to be assigned civil cases, which include small claims, and she will continue to review civil cases handled by magistrates. Civil cases represent only a small fraction of a municipal court judge's docket.

In October, the Supreme Court of Ohio's Office of Disciplinary Counsel filed a lengthy complaint against Stokes. The 49-page complaint charges she abuses court resources, lawyers, court staff and defendants who appear before her. The complaint is based in part on 337 incident reports filed in municipal court against Stokes. The complaint recommends to the Ohio Supreme Court's Board of Commissioners on Grievances and Discipline that Stokes be ordered to undergo a psychiatric examination because she may be "suffering from a mental illness that substantially impairs her ability to perform her duties as a judicial officer."

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Cleveland Municipal Court Judge Angela Stokes barred from hearing criminal cases 

See Also:
Cleveland Municipal Court Judge Angela Stokes says she will defend against court complaint recommending she undergo psych exam

Lawmakers: Nebraskans who need guardians, conservators could benefit from public program

LINCOLN, Nebraska — Some of the state's most vulnerable people who can't make decisions on their own could soon be supported by a state guardian.

A bill creating an Office of the Public Guardian advanced from the first round on a unanimous vote on Feb. 21 as Nebraska edges toward ending its status as the only state without such an office.

Under current law, a county court can appoint a guardian or conservator to someone who is unable to make responsible decisions for themselves, due to reasons such as disability or mental illness. But in some cases there is no one willing or able to serve in this role.

A guardian is appointed to oversee life decisions, including health care and residence, while a conservator deals with money and property.

A bill introduced by Sen. Colby Coash, of Lincoln, would create an office with a director, deputy director and up to 12 associate public guardians. The office would serve in situations of last resort where there is no guardian or conservator.

There are some very vulnerable people who are at risk of being taken advantage of, Coash said, and these vulnerable people need someone to provide oversight.

The need is rising as baby boomers age and get to a point where more need the help of a guardian or conservator, said Sen. Steve Lathrop, of Omaha.

"You have a number of people who don't have the means or the family or anyone interested in them to serve in that capacity," Lathrop said.

Now, without a statewide guardian, county courts ask lawyers to volunteer to serve, Lathrop said.
"The need has exceeded the capacity of lawyers who volunteer," Lathrop said.

Joanne Farrell, a social worker at Aging Partners in Lincoln, which offers information and services to seniors, has seen the ways seniors can be taken advantage of.

Some may get scammed through an online dating website or by thinking they've won something, she said.

There has been a need for this program for a long time, she said.

"The communities like to take care of their own, but at this point we're seeing there is a need everywhere in the state," Farrell said.

An auditor's report last year on Department of Health and Human Services programs that help people who are aged, blind and disabled found that one person, Judith Widener, had served as a guardian, conservator, or both, for more than 600 people in the state.

Widener, of Bayard, has been charged with stealing more than $35,000 intended for court-appointed wards for her personal use. Earlier this month Widener pleaded not guilty to a felony theft charge, and she is currently out on bond.

That case is the biggest example of abuses and problems in the current system, Coash said.

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Lawmakers: Nebraskans who need guardians, conservators could benefit from public program

A.G. Schneiderman Announces Sentencing In Albany Elder Abuse Case

 

Nurse's Aide Twisted Elderly Patient's Arm, Fractured Bone

ALBANY — Attorney General Eric T. Schneiderman today announced the sentencing of Sarina Francis, a certified nurse's aide at the Hudson Park Rehabilitation and Nursing Center in Albany, who fractured the arm of an elderly nursing home patient. Francis twisted the patient's arm after a confrontation.

"Families put significant trust in nursing homes and their staff when they are chosen to provide care for loved ones," said Attorney General Schneiderman. “My office will hold people accountable when patients are mistreated or neglected." 

On January 13, 2014, Francis pleaded guilty to one count of Endangering the Welfare of a Vulnerable Elderly Person or an Incompetent or Physically Disabled Person in the Second Degree in violation §260.32(2) of the Penal Law, a class E felony. 

Francis admitted that on August 17, 2013, she physically abused an elderly resident of the Hudson Park Rehabilitation and Nursing Center. While Francis was taking the resident to her room, the resident became combative and struck her in the face. In response, Francis grabbed the resident by the wrist and twisted the resident’s arm behind her head, resulting in a fracture to the resident's left distal ulna. 

Francis, 36, of Troy, was sentenced by the Honorable Peter Lynch in Albany County Court to 30 days in the Albany County Jail and five years’ probation. Francis will also surrender her certified nurses' aide certificate.

The case was investigated by Special Investigators John Jurs, Jr. and Jeffrey Haber, and is being prosecuted by Special Assistant Attorney General Paul A. Clyne of the Attorney General’s Medicaid Fraud Control Unit’s (MFCU) Albany Regional Office. Katheen A. Boland is the Regional Director of the MFCU Albany Office. and Catherine Wagner is the Chief of Criminal Investigations-Upstate. The Medicaid Fraud Control Unit is led by Acting MFCU Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

Full Article & Source:
A.G. Schneiderman Announces Sentencing In Albany Elder Abuse Case

Tonight on T. S. Radio: "Guardianship: Organizing for Change in a Sea of Predators!"

Join us this evening as we discuss how to effect change in the lucrative guardianship industry.  While many believe this business to be centered on caring for elderly or disabled adults, the truth of the system is far different.

It must be magic!  Billions are stolen from the estates of elderly vicitms each year through the process of predatory guardianships.  While state and federal officials pretend not to know what is going on, the victims are drugged, neglected and abused, often times ending up dead once the estate is depleted.

How do we change this system?  And how, do we stop the interference of the BAR Association and other stakeholders, in the guardianship for profit trade?

5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

LISTEN to the show live or listen to the archive later!

Michelle Graves: Power of Money - Elder Financial Abuse (With NASGA Affiliate, Tom Fields)

Elder Financial Abuse is fast approaching epidemic levels as an aging population finds itself vulnerable to internet predators, scam artists, family members and friends. On Part 1, two recognized experts in this area, Craig Matthews, Esquire and Tom Fields, Ohio Director of National Association to End Elder Financial Abuse discuss some of the challenges facing seniors today. A must watch!

Source:
Power of Money - Elder Financial Abuse

See Also:
NASGA:  Irving Lincoln Fields, Ohio Victim

Linda Kincaid Reports: American Society on Aging workshop on elder abuse in long-term care

On Thursday, March 13, 2014, the American Society on Aging conference will present an interactive workshop on Isolation: Elder Abuse in Long-Term Care. The workshop will take place from 1:00 – 2:30 PM in Regatta B (4th floor, Harbor Tower) of the Manchester Grand Hyatt in San Diego. Workshop presenters are Linda Kincaid, MPH and Robert Fettgather, PhD.
The abstract for the workshop explains:

Social isolation and loneliness increase adverse health outcomes, including depression, cardiovascular disease, and cancer. Social isolation is also a risk factor for elder maltreatment.

However, some long-term care facilities prohibit visitors, phone calls, and mail. Residents have been isolated from loved ones for years. Law enforcement rarely intervenes. Isolated residents have no access to legal representation. Heirs lack legal standing until the death of the victim. Families of victims may find no remedy at law when a loved one is isolated in a facility.

The presenters will discuss case studies and their investigations of unlawful isolation in long-term care facilities.

Case studies indicate California long-term care facilities often ignore residents’ personal rights. False imprisonment and forced isolation are common. Law enforcement rarely assists elder abuse victims.

In a San Bernardino County survey, most assisted living facilities stated they will isolate residents. One resident was unlawfully isolated for fifteen months. The investigating deputy and Deputy District Attorney determined the situation was a civil matter.

In Santa Clara County, an assisted living resident was unlawfully isolated for over two years. San Jose Police and a Deputy District Attorney determined the situation was a civil matter. California’s Director of Social Services stated the extended isolation was not a violation of the resident’s right to visitation.

The research demonstrated a need for education across all levels of law enforcement and social services agencies. Important points include (1) false imprisonment is a crime, (2) isolation is a crime, (3) mental abuse is a crime. Knowledge gained in this session can be applied by all professions that address ling-term care and elder rights.

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American Society on Aging workshop on elder abuse in long-term care

Pa. Justices Urged To Trim Judge's Sanction For Lying

Law360, Philadelphia (March 11, 2014, 5:11 PM ET) -- The Pennsylvania Court of Judicial Discipline acted too harshly when it issued a decision in August removing a Philadelphia County judge from the bench after withholding information about his legal and financial struggles as part of a review of judicial candidates, the state’s Supreme Court heard Tuesday.

Samuel Stretton, an attorney for former judge Thomas Nocella, told the justices during oral arguments that the lifetime ban on holding judicial office that his client was slapped with for the offense in August presented the Supreme Court with a chance to assert its authority under the Pennsylvania Constitution to supervise the whole of the state’s judicial system.

“This is a good case … for this court to consider its standard of review,” Stretton said, arguing that the disciplinary measure was out of line with punishments imposed on other judges for what he said were greater offenses. “It was inconsistent with numerous decisions by the CJD. It was too harsh.”

In 2012, Nocella was slapped with accusations by the state’s Judicial Conduct Board that, in both 2009 and 2011, he withheld material facts about his legal problems as part of an evaluation that the Philadelphia Bar Association Commission on Judicial Selection and Retention conducts for judicial candidates. In particular, Nocella failed to disclose nearly $500,000 in liens he was facing, and accusations that Nocella had intentionally dissipated the funds of a public action committee that was under court order to pay a $39,000 fine.

Full Article & Source:
Pa. Justices Urged To Trim Judge's Sanction For Lying