The Oklahoma Supreme Court has disciplined an
ousted Oklahoma County district judge for a "criminal act" that justices
found demonstrates her unfitness to practice law.
The discipline — a public reprimand — is the latest blow to Kendra Coleman's efforts to get her judicial office back.
The discipline involved her failure to file her 2017 state tax return on time.
Other
Oklahoma attorneys also have been given public reprimands for offenses
involving taxes, while some were suspended from the practice of law for
months.
At least six justices agreed to the discipline for Coleman.
"While each situation involves unique
transgressions and mitigation, we find that public reprimand is the
appropriate discipline here in order to alert the public and profession
that the Court regards this as serious misconduct and to be in
accordance with precedent," Chief Justice Richard Darby wrote in the
opinion filed Tuesday.
Justice Doug Combs wrote the reprimand should have been private.
Justice
Yvonne Kauger agreed in part and dissented in part with the
discipline but did not write separately to explain. Justice
James Edmondson disqualified himself from the decision.
Coleman was ordered to pay $2,157 to cover the cost of the disciplinary proceedings.
In
the opinion, the chief justice also wrote that the Supreme Court was
troubled by evidence Coleman has yet to pay off a substantial tax
debt owed by her and an ex-husband.
Attorneys representing the Tax Commission said in February the joint tax liabilities exceeded $10,000.
Coleman was elected in 2018. The Oklahoma Court on the Judiciary removed her from office last year on misconduct grounds.
In
October, Coleman kicked off efforts to be elected judge again in 2022.
On her Facebook page, voters are told: "COME GET YOUR JUDGE BACK!"
Coleman
entered a so-called Alford plea to the misdemeanor charge. Under an
Alford plea, a defendant accepts a sentence for a crime without
admitting to it. She specifically noted in the paperwork that she
maintains her innocence.
Karilyn Montanti (photo
courtesy of Christine Montanti)
Karilyn Montanti’s
assertions of isolation and elder abuse, is one example of the reports
of numerous other individuals placed into involuntary guardianship
NEW YORK, NEW YORK, UNITED STATES OF AMERICA, December 16, 2021 /EINPresswire.com/
-- Guardianship abuse victim Karilyn Montanti addressed the media
recently; last month she spoke out publicly about her ordeal and shared
intimate details of her guardianship experience, which she asserted to
consist of abuse, captivity and isolation. Ms. Montanti, a 77-year-old
woman and current resident of Royal Palm Beach, Florida, was recently
released from her assisted living facility in Broward County and
relocated to Royal Palm Beach after the Court completely dismissed the
guardianship proceeding.
Karilyn Montanti’s assertions of isolation and elder
abuse, is one example of the reports of numerous other individuals
placed into involuntary guardianship who make similar complaints of what
is taking place in the Broward County’s Elder Care System. These
complaints by others, who claim they are victims of guardianship abuse,
have been covered by news media in both New York and Florida, and many
other states around the country. The media reported on the pattern of
corruption and negligence of Karilyn Montanti’s asserted by her against
her health care surrogate, court appointed attorney, and court appointed
geriatric care manager in a television report on NBC New York which
aired on August 7th, 2021.
During her ordeal, Karilyn’s was never permitted to
address the court to voice her repeated pleas. Neither the court or
Karilyn’s court appointed attorney acquiesced to her request to address
the court directly, and in fact, as set forth in court documents, went
to great lengths to build a record as to why she should not be permitted
to be heard in court. Because of these repeated prior refusals to be
heard, Ms. Montanti was eager to finally have the opportunity to address
the judge in court on Thursday, December 16th 2021 for a hearing
seeking to disqualify her newly retained attorney, Ron Denman. Karilyn
was hopeful that her testimony about how she personally selected her new
counsel and about how happy she is with her new representation, will
finally free her from the court process, and allow her to tell her story
about her experience with what she considers to be guardianship abuse
and unwarranted isolation.
Unfortunately, Karilyn Montanti, who was unable to
attend the scheduled hearing on Thursday, December 16th 2021 due to her
recent hospitalization, a devastating occurrence, was denied a
continuance of the hearing or her desperate desire to testify and have
her voice heard in court for the first time in her three-year ordeal.
Despite her attorney, Ronald Denman having sought an emergency
postponement of the hearing so that she could appear, the judge denied
the postponement and ordered that Denman could no longer represent her
further in her fight to regain her rights, so that can continue choose
her own residence and stay in Royal Palm Beach, and so that she can
continue to have unfettered access to her friends and family.
Due to the court’s ruling that disqualifies Mr. Denman
from protecting Karilyn’s interests, despite representing Karilyn’s
desire to the court, she now fears this ruling will assure her continued
incapacity, which came about after her prior court appointed attorney
presented an agreed order of incapacity to the court without her
knowledge, authorization, or consent. Karilyn is also fearful that the
disqualification of her attorney of choice will lead to a continued
denial of her access to the courts, and will once again be subject her
to the isolation, abuse and deprivation of her individual rights that
she maintains she suffered over the last several years in the Broward
County, Florida guardianship system.
In court papers, the 1992 Co-Trustees request justice and accuse both
FRTC and MSK of "false and highly insulting" rhetoric and "abusive use
of the courts"
News provided by
Lanny Davis
Dec 15, 2021, 15:05 ET
LOS ANGELES, Dec. 15, 2021 /PRNewswire/ -- The Los Angeles County Superior Court (Probate) Judge Hon. Daniel Juarez, on December 3, 2021,
granted the 1992 Co-Trustees' Motion to Lift Stay which will finally
provide a hearing on the distribution of personal 1992 Trust assets back
to Bradford Lund.
In 1992, Bradford Lund, the grandson of Walt Disney,
established a trust consisting of his own Disney stock. The 1992 Trust
was to hold the Disney stock until Lund reached 45 years of age in
June, 2015. However, because of procedural stays, distribution of the
assets in the 1992 Trust has not occurred. The 1992 Trust settled with
Lund's twin sister, Michelle, and she agreed to dismiss her petition
regarding that trust and to not object to any distribution of assets.
Still, the 1992 Trust assets were kept from Lund. The main roadblock:
FRTC. As stated in the court papers. "It would be a grave injustice to
allow the Distribution Petition to continue to be stayed due to FRTC's
hostilities against Mr. Lund …." Judge Juarez lifted the stay on the
Distribution Petition and set a court date for February, 2022.
FRTC was removed as the Trustee of the 1992 Trust in 2014. However,
FRTC, and their attorneys at Mitchell Silberberg & Knupp, who have
no standing whatsoever to interfere, have thwarted the distribution of
Lund's own personal assets back to him. In rejecting all of FRTC's
specious arguments, Judge Juarez granted the Motion from the bench.
As stated in Lund's court papers, "The Motion was brought for one reason only – Justice.
Justice in the form of the Co-Trustees getting Mr. Lund his own Disney
stock back to him. Disney stock that has been held hostage by a series
of stays of this case going back approximately six years." "FRTC has no
qualms in hiding its true intent – to hold captive all of Mr.
Lund's" personal assets in Disney stock "to use as its own personal
piggybank to pay for its outrageously large attorney's fees incurred in
the 92 Trust case."
At the oral argument, the lead attorney for FRTC, Hayward Kaiser, continued the false allegations and attacks on Mr. Lund, Sherry Lund, and his lead attorney, Sandra Slaton,
to no avail. Judge Juarez ruled from the bench and granted the motion,
finally providing Mr. Lund with his due process rights and scheduling a
hearing – that first step that will, hopefully, permit Lund to finally
get back his own personal assets that have been unjustly frozen by the
probate court for more than six years now.
December 13, 2021 - OAKLAND – California Attorney General Rob Bonta
today announced the guilty plea of Brandon Benavente, a caretaker for
elderly and dependent persons in San Diego County. While working as
a caretaker, Benavente sexually assaulted three elderly dependents, and
stole personal property including money, jewelry, and a handgun.
Today in the San Diego County Superior Court, Benavente pled guilty to
11 felonies relating to sexual assault, financial and elder abuse, as
well as theft. Additionally, Benavente’s girlfriend and
co-defendant Odaliz Mendez also pled guilty to multiple felonies
relating to her involvement in the theft scheme. Benavente and Mendez’s
sentencing is scheduled for January 12, 2022. The parties have agreed
to request that the court enter a sentence in excess of 14 years, which
would be one of the longest elder abuse sentences imposed in a case
brought by the California Department of Justice. In addition, the
defendants will also be ordered to pay restitution to their victims.
“Caretakers have the responsibility of ensuring that their clients
are being treated with dignity, respect, and care. Brandon Benavente
made a choice to use his role as a caretaker to take advantage of those
who depended on him for care. The countless acts of elder abuse that
have been committed in this case are nothing short of despicable,” said Attorney General Rob Bonta. “Any
and all forms of abuse against our elders will not be tolerated, and
perpetrators will be held accountable. In today’s guilty plea, I want to
thank our law enforcement partners for helping ensure the health and
well-being of Californians residing in elder care facilities.”
In May 2020, Benavente was caught on video surveillance entering the
room of a resident and removing cash from the resident’s wallet,
prompting an investigation by the San Diego County Sheriff’s Office. In
June 2020, the San Diego County Sheriff’s Office asked the California
Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse
(DMFEA) to join their investigation against Benavante. The joint
investigation found that between December 2019 and December 2020
Benavente committed multiple acts of burglary, theft, fraud, identity
theft, and sexual abuse against a resident residing at Vista Village
Senior Living and other victims throughout San Diego County. The two
defendants stole jewelry, a handgun, and thousands of dollars from their
victims.
The criminal investigation into Benavente and Mendez was conducted by
the Attorney General’s DMFEA in collaboration with the San Diego
Sheriff’s Department, Oceanside Police Department, San Diego Police
Department, the San Diego County District Attorney’s Office, and
Escondido Police Department. DMFEA investigates and prosecutes those
responsible for abuse, neglect, and fraud committed against elderly and
dependent adults across the state. DMFEA also works to protect
Californians by investigating and prosecuting those who perpetrate fraud
on the Medi-Cal program. DMFEA regularly works with whistleblowers, the
California Department of Health Care Services, and local law
enforcement agencies in its investigations and prosecutions.
DMFEA receives 75% of its funding from the U.S. Department of
Health and Human Services under a grant award totaling $41,264,032
for federal fiscal year 2020-2021. The remaining 25%, totaling
$13,754,675 for fiscal year 2020-2021, is funded by the State of
California. The federal fiscal year is defined as October 1, 2020
through September 30, 2021. Source: CA. DOJ
OSCEOLA COUNTY, Fla. — Rebecca Lassiter, 70, is facing a felony charge for mistreatment of her mother, who is in her 90s.
Lassiter
was formally charged by the state attorney after her arrest in
November. Records show that she was previously the "court appointed
guardian" for her mother.
When she was arrested a few weeks ago, Lassiter was a nursing school teacher at Valencia College.
According to licensing records with the Florida Department of Health, Lassiter is a registered nurse with an active license.
She's
charged with felony neglect of an elderly or disabled adult as recently
as September 2018, according to court records obtained by WESH 2
Investigates.
She allegedly wasn't providing her medications and an officer described the victim as "weak and feeble."
Those records also show St. Cloud Police previously recommended
charges in 2019 of theft from a victim 65 and older, and exploitation of
the elderly.
Police found withdrawals by Lassiter from her
mother's bank account totaling more than $24,000, but Lassiter was not
charged until now.
According to a Valencia spokeswoman, Lassiter
was a part-time teacher in the nursing school. She resigned Dec. 3 but
mentioned nothing of her arrest.
In an email to a supervisor, she wrote: "I am resigning from Valencia immediately due to personal and health reasons."
The fact that she never mentioned the arrest is a violation of campus policy.
Lassiter is set to be tried next month and referred all questions to her attorney.
Advice for you or your parents to get the best medical care
By Judith Graham
The doctor is talking to the daughter
who has accompanied you to a medical appointment, not you. A nurse
speaks slowly in an unnaturally high-pitched voice, as if you were a
child needing instruction.
While
caregiving for her parents Americo and Rosina (shown here), social
gerontologist Jeanette Leardi heard ageist tropes from their doctors | Credit: Courtesy of Jeanette Leardi
What can you do about manifestations of ageism like these – the devaluing, diminishment or dismissal of older adults based on prejudice against old age?
Mostly, people don't know how to respond.
Some
stiffen but say nothing. Others speak up but try not to be overly
confrontational. And some, like Doris Morgan, 85, a retired scientist
who lives in Shepherdstown, W.Va., simply walk away from doctors and
nurses who don't treat them as they'd like.
When
her long-time physician retired a while back, Morgan began looking for a
replacement. It didn't go well. "One doctor never even got around to
listening to my heart and lungs. She was in trouble with me from the
beginning," Morgan said.
Confront or Cower?
Morgan
was also dissatisfied with an eye doctor who told her she didn't have
glaucoma — a judgment that contradicted an earlier diagnosis and that
another physician reversed. And she didn't care for a dentist who sent a
hygienist in to discuss findings from an examination rather than coming
in himself.
"I don't confront these people; there's no use doing that. I just dump them and find someone else," she said.
Jeanette
Leardi, 69, a social gerontologist and community educator in Portland,
Ore., takes a different approach. Her work is deeply informed by her
experience caring for her mother and father who died in 1995 and 2003
respectively.
"There's a way of
politely calling people out on ageism," she told me. "Let's say I'm an
older adult at a medical appointment with my daughter and the doctor is
talking to her, not me. You can say 'Doctor, I'm the patient, and my
daughter is here to support me. I want to talk to you; let's leave some
time at the end when you can talk to my daughter."
Leardi added: "You are paying for
medical professionals' services; you are entitled to ask all the
questions you want and make sure they communicate with you in ways you
understand."
Responding to 'Elderspeak' With Humor
Should a medical professional engage in what's known as "elderspeak"
— using overly simple language and sometimes endearments, often spoken
in a high-pitched lilting tone — humor can come in handy.
Imagine
an aide at a rehabilitation facility asking: "Have we had our bath
today?" Leardi said she might respond this way: "I've had mine, have you
had yours?" Or "Not yet, do you want to get in the tub with me?"
Sometimes, matter-of-fact directness to ageism by doctors and nurses may be the best response.
Regan Burke, 75, wishes
she had been more vocal
with her orthopedic surgeon Credit: Courtesy of
Joan Wolfensberger
For instance, if a nurse comes into your
hospital saying "How are we today young lady?" you might respond "I'm
really not a young lady and I'm okay with that," Leardi advised.
Tracey
Gendron, chair of the department of gerontology at Virginia
Commonwealth University and author of the forthcoming "Ageism Unmasked,"
offers another possible response: "You can tell the nurse 'I
acknowledge you're trying to be kind to me but it makes me feel small
and unimportant. Please call me this [insert a name] instead."
Dr. Louise Aronson, author of the much-acclaimed book "Elderhood" and a Next Avenue Influencer in Aging, suggested appealing to physicians' or nurses' professional pride at an October 2021 panel on ageism I moderated, sponsored by Kaiser Health News and the John A. Hartford Foundation.
Said
Aronson: "As with so many difficult conversations, probably the best
approach is to make 'I' statements like 'I feel that I'm not getting the
attention my symptoms warrant' or 'I know you're a good clinician and
that's why I'm here. So, will you work with me on this issue? Because
I'm really not getting what I need and I have faith that you could
provide it.'"
That can be hard, though, if someone isn't feeling well.
Regan
Burke, 75, of Chicago described seeing an orthopedic surgeon at the
beginning of July because she could barely walk due to pain. After
having X-rays taken, she told me, "he said it's tendinitis, you need to
go to physical therapy. And he walked out of the room."
What She Wishes She Told Her Doctor
Burke
didn't get better and has since consulted with a physiatrist (a doctor
specializing in rehabilitation) who diagnosed arthritis and recommended
she have her right hip replaced.
"I
wish I had said to that first doctor, the surgeon, ''Hang on. Hold it. I
can't go to PT. It hurts too much. Take another look, please," Burke
said.
She explained why so many older patients don't speak up when they're treated poorly.
"We older people are afraid to say
anything to our doctors because they have to take care of us and we are
afraid if we speak up they won't do that," Burke said.
Her
advice? "I think you have to practice with a friend or a relative
before you see a doctor. Tell them 'This is what I want to say' and
rehearse it a couple of times," Burke suggested.
Older
adults need to challenge "their assumptions about what they're allowed
to ask" doctors and nurses — a form of internalized ageism — and make
sure they "communicate what's important to them," said Dr. Christopher
Callahan, a geriatrician and investigator at Indiana University's Center
for Aging Research at the Regenstreif Institute.
Ashton Applewhite, author of "This Chair Rocks: A Manifesto Against Ageism," and Next Avenue's 2015 Influencer in Aging of the Year, encourages older adults to trust their instincts if they feel they're being dismissed or discounted by a health care provider.
"It's
hard even for a person with privilege to speak up to a doctor, who is
an authority figure, and the difficulties and risks are even greater for
women and people of color," she said. "But it's necessary in order to
get the care we need and deserve."
A Few Things You Might Say
Applewhite offered several suggestions.
If
a physician or nurse tells you you're having a medical problem because
of your age, "It's okay to say 'What do you mean by that?'" Applewhite
said.
If someone in a medical setting
calls you "dear" and raises your hackles, Applewhite advised, "you can
say I hope you care about me as a professional, not an intimate. So
let's keep it professional."
And, she
noted, if you feel rushed by a physician, consider saying: "I realize
there are enormous demands on your time, but I need more. What can we
do about that?"
The bottom line:
There are multiple strategies you can employ when you encounter ageism
by medical professionals. Taking your business elsewhere. Directness.
Humor. Asking for what you want. Appealing to medical professionals'
professionalism. And, above all, making it clear you will stand up for
yourself and aren't ashamed of being older.
TIFFIN, Ohio — A Seneca County judge who was suspended one year by the Ohio Supreme Court last month has yet to surrender his license.
Judge Mark Repp was disciplined for holding a spectator in contempt
in March 2020 and forcing her to take drug and pregnancy tests.
According to court records, Repp was ordered to turn over his attorney
registration card.
From the court records:
"It is ordered by the court ... that respondent show cause on or
before 20 days from the date of this order why respondent should not be
found in contempt for failure to fully comply with this court's order of
November 9, 2021, to wit: failure to surrender his attorney
registration card and failure to file an affidavit of compliance on or
before December 9, 2021."
According to court documents, Judge Repp called Alexzandria Orta out
from the bench and referred to her as a drug addict during an unrelated
hearing for her boyfriend. Judge Repp suspected she was high and ordered
her to take a drug test. When she refused and said she was not on
drugs, the judge sentenced her to 10 days in jail.
A prosecutor dropped the charges the next day.
Orta was not on trial or on probation and had never been charged with
a drug-related offense. She was subjected to several invasive searches,
including pregnancy tests and an MRI to check if drugs were inside her
body.
Her attorney said Orta was detained for approximately 24 hours. Repp
has admitted in court documents that he treated Orta inappropriately but
contends that the incident was an aberration.
Repp was suspended one year on Nov. 9 after an investigation by the Board of Professional Conduct.
The Senate should follow the House and pass the Financial Exploitation Prevention Act
Getty Images/iStockphoto
Financial exploitation is a significant, and potentially devastating,
problem throughout the country, particularly for seniors and other
vulnerable adults who are common targets of scammers and cheaters.
These
criminals prey on lonely and isolated seniors to gain their trust and
affection, then often make an urgent request for money for reasons
ranging from a personal emergency or last-minute plane ticket to medical
expenses or gambling debts. An estimated 7.86
million cases of elder fraud take place annually in the United States,
resulting in losses of $148 billion to this vulnerable population each year.
While financial companies may identify certain withdrawal
requests as unusual, there are currently no laws that enable them to
stop such transactions. But there is legislation moving through Congress
right now to allow the firms behind mutual funds and exchange-traded
funds—which is where many seniors save and invest their money—to better
protect vulnerable Americans.
A bill called the Financial Exploitation Prevention Act would
allow fund companies to delay transactions reasonably believed to be
the result of financial exploitation for as long as 15 business days.
This would allow time to confirm the validity of the transaction, verify
the customer’s contact information, or identify any legal guardians,
executors or trustees.
The ability to pause a transaction is
especially important because a key component of these scams is the
pressure criminals put on victims to withdraw money urgently. Under the
Financial Exploitation Prevention Act, fund companies can pause the
transaction to verify its validity before the money is stolen. Once the
money is gone, it’s likely taken from the senior forever and could
potentially leave them unable to pay their bills or afford basic living
expenses.
The legislation also would cover anyone 18 or older who is unable to protect his or her own interests.
In addition to allowing companies to delay suspicious transactions,
the bill requires the Securities and Exchange Commission to report to
Congress with recommendations for legislative and regulatory reforms to
combat financial exploitation of seniors and other vulnerable adults.
Elder abuse is a vastly underreported crime. Enhanced reporting from the
SEC would likely lead to more information and data about these crimes,
which could help identify additional safeguards to protect those at
risk. These efforts could also identify ways to help educate potential
victims as well as their family or caretakers to help prevent future
theft.
The House of Representatives approved the Financial
Exploitation Prevention Act—which was introduced by Rep. Ann Wagner
(R-Mo.), a senior member on the powerful House Financial Services
Committee—unanimously in October. While the Senate has yet to take it
up, the bill passing the House with strong bipartisan support is a
positive sign and should serve as a catalyst for action in the Senate.
The
Investment Company Institute and its members prioritize the fight
against financial abuse and exploitation. We are constantly working to
ensure the fund industry uses the most sophisticated security measures
and safeguards available and continually searching for new ways to
protect individual investors. That’s why ICI strongly supports the
Financial Exploitation Prevention Act and calls on the Senate to pass it
immediately.
Eric J. Pan is president and CEO of the
Investment Company Institute, the leading global trade association for
mutual funds and other regulated funds.
BOWLING GREEN, Ky. (WBKO) - State Rep.
Patti Minter is introducing the CARE act to reform guardianship and
conservatorship in Kentucky, and prevent the abuse or exploitation of
people who are unable to make decisions for themselves.
The
CARE act would give voice to people subject to guardianship or
conservatorship to express needs to courts and would give courts greater
authority to make changes when appropriate.
The CARE Act also addresses issues brought to light by the case of Britney Spears.
“While
our current laws on conservatorships and guardianships are meant to
help people who cannot help themselves, they can be misused, leading to
abusive situations similar to what Britney Spears experienced. This
happens here in Kentucky to some of the most vulnerable people in our
communities, which is why it is vital that we update our laws and keep
guardianships and conservatorships free from abuse,” Minter said.
The CARE would also make it easier for
people to modifications and terminate their guardianship or
conservatorship if their circumstances have changed, as well as to
remain in contact with their families through the Cabinet for Health and
Family Services.
The CARE Act is currently pre-filed as Bill Request 850 and will be considered in the 2022 session of the General Assembly.
as
a caretaker, Benavente sexually assaulted three elderly dependents, and
stole personal property including money, jewelry, and a handgun.
Today in the San Diego County Superior Court, Benavente pled guilty to
11 felonies relating to sexual assault, financial and elder abuse, as
well as theft. Additionally, Benavente’s girlfriend and
co-defendant Odaliz Mendez also pled guilty to multiple felonies
relating to her involvement in the theft scheme. Benavente and Mendez’s
sentencing is scheduled for January 12, 2022. The parties have agreed
to request that the court enter a sentence in excess of 14 years, which
would be one of the longest elder abuse sentences imposed in a case
brought by the California Department of Justice. In addition, the
defendants will also be ordered to pay restitution to their victims.
