New Jersey Supreme Court Precedent-Setting Ruling

In a precedent-setting ruling, the state Supreme Court has recused a Morris Township municipal court judge from presiding over a drug case because he is an adversary of the defense attorney.

Judge Robert Nish should have recused himself because he and defense attorney Alan Albin happen to be attorneys on opposite sides of an unrelated pending probate case, the high court said in a 6-0 ruling.The decision is meant to provide guidance to New Jersey’s 318 part-time judges in 528 municipal courts, many of whom also work in private practice. In its ruling, the high court determined judges "must recuse themselves whenever they and a lawyer for a party are adversaries in some other open, unresolved matter."

"For millions of New Jerseyans each year, municipal court judges are the face of the judiciary," the court said in a ruling written by Chief Justice Stuart Rabner. "Ensuring both conflict-free, fair hearings and the appearance of impartiality in municipal courts is vital to our system of justice."

"The Supreme Court took the opportunity to send a pretty clear message to the lower courts that they don’t want even a hint of impartiality" on the bench, said Albin, who is no relation to Supreme Court Justice Barry Albin.

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N.J. Supreme Court Rules Morris Township Judge Should Be Removed From Drug Case

More Education About Guardianship Needed in MO

The question of guardianship may seem like a simple decision to be made, but being placed under guardianship can have devastating effects for a person with developmental disabilities. It's often seen as the only option when a person needs assistance or support in making decisions, but disability advocates say it can lead to a loss of freedoms.

Preliminary results from a project on guardianship in Missouri show that more work needs to be done to educate the public about the rights of people with developmental disabilities.

Five years ago, Cristal Chapman says someone filed a petition to place her under full guardianship when she began having some personal difficulties as a result of her disabilities. She says she was forced to live hours away from her husband in a locked-down facility and had to give up some of her civil and human rights, even though she had done nothing wrong.

"They took away my freedom of religion. There was one point where they wouldn't let me talk to, see or write my husband. It was pretty bad."

With assistance from Missouri Protection and Advocacy Services, through the Guardianship project, Chapman successfully petitioned the court and restored her rights. Chapman is again living independently with her husband, and making her own decisions.

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More Education Needed in MO About Guardianship

Arkansas Judge Removed From Bench

The state Supreme Court on Monday ordered Pulaski County Circuit Judge Willard Proctor removed from the bench.

The high court, acting on a recommendation from the state commission that disciplines judges, concluded Proctor violated canons of judicial conduct in his relationship with a nonprofit probation program run from his courthouse office.

The state Judicial Discipline and Disability Commission accused Proctor of improperly involving himself in the activities and finances of the Cycle Breakers program, and of breaking the law by requiring probationers to pay “civil fees” with the threat of jail time.

At a hearing last summer, Proctor admitted giving probationers rides to meetings, hosting them as his home, letting one stay at his home and baptizing some at his church.

But he argued before the high court earlier this month that running what he called a “cutting edge” probation program from his office did not warrant his removal from the bench. He asked the justices to reject the commission’s recommendation on procedural grounds.

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Supreme Court Orders Judge to be Removed

Medical Tech Arrested

A medical technician at two facilities for the elderly - one in Granite Bay and another in Citrus Heights - allegedly stole cash and jewelry from dozens of victims to feed her gambling addiction, authorities said.

Placer County Sheriff's detectives on Tuesday afternoon arrested Sasi L. Raj (left photo), 46, of Antelope, at Eskaton Lodge in Granite Bay, where she has worked since August 2007, Det. Sgt. Brian Whigam said.

Raj, who was arrested on suspicion of burglary and financial elder abuse, also worked at Merrill Gardens in Citrus Heights, Whigam said.

Whigam said Raj dispensed medication to the senior residents at the facilities and had a master key to their rooms. When they left their rooms to eat or see a doctor, she would enter the room to steal from them, Whigam said.

"They trusted her," he said.

So far, detectives say they have identified a dozen victims, but believe that more will come forward.

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Medical Tech Suspected of Stealing From Senior Residents Arrested

Recommended Website: Financial Abuse of the Elderly

~ UNDERSTAND IT TO DEAL WITH IT EFFECTIVELY ~

In a sentence, Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation. That’s the essence of the law.

But there is also an important requirement: Within this law, an “elderly person” is defined as someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired. The law states that the elderly person must suffer a physical or mental infirmity. Therefore, exploitation is based primarily on infirmities or disabilities and not deception.

This is why exploitation is not fraud and why it can be much more devastating and offensive. Fraud is generally defined as deception that is carried out for the purpose of achieving personal gain while causing injury to another party. Exploitation requires more than that. It requires that the victims suffer disabilities that make them more vulnerable. And when the victim is more vulnerable, the victim impact is far worse.

Source:
ExploitationElderly.Com

See Also:


Financial Abuse of the Elderly; A Detective's Case Files of Exploitation Crimes, by Joe Roubicek

Scott Rothstein Pleads Guilty

Scott Rothstein, the disbarred South Florida attorney accused of running a $1.2 billion investment scam, pleaded guilty to five federal counts including racketeering, fraud and money laundering.

Rothstein, who has been jailed without bail since his Dec. 1 arrest, is focused on returning as much money as possible to investors, according to his attorneys. Rothstein's seized assets -- two dozen pieces of real estate, numerous luxury cars, jewelry, bank accounts and more -- are worth between $60 million and $100 million.

Rothstein faces up to 100 years in prison, but attorney Marc Nurik says he hoped to receive a sentence of roughly 20 years in prison. Sentencing is set for May 6th.

After the hearing, Rothstein's wife Kim read a prepared statement to reporters outside the courthouse.

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Rothstein Enters Guilty Plea; His Wife Speaks Out

See Also:
Kim Rothstein's Full Statement

Blog: Reforms Still Needed. One Group's Prescription

One of the most egregious cases in Arizona of fiduciary betrayal was the case of lawyer Wayne Legg who was once known as the “King of Probate.” Legg was accused of skimming and plundering his clients’ estates. In 1994, he was convicted on 13 counts of felony theft and fraud.

Interestingly, Wayne Legg wasn’t the first lawyer I heard about who took advantage of elderly clients. No, there’s still a prominent place in the Hall of Shame for Laguna Hills, California estate planning lawyer, James Gunderson.

Coincidentally, around the same time as Legg was up to no good in Arizona, The Los Angeles Times ran a series of stories about Gunderson and how he set himself as a beneficiary in the wills and trusts his law firm prepared for his clients.

Gunderson eluded disbarment by resigning.

But while the Legg and Gunderson cases are among the most egregious of my recent recollection, what about more recent instances of law firms as well as guardians who think nothing of gorging at the trough running up astronomically questionable fees at the expense of a vulnerable elderly client?

So its not just private and public fiduciaries as well as family members and friends that need monitoring. Lawyers can also engage in predation. The reforms must be comprehensive.

There are no shortage of stakeholders among elder advocates who have ideas on how to improve the system. One is, The National Association to Stop Guardianship Abuse...

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Reforms Still Needed. One Group's Prescription

See Also:
"An Open Letter to Congress and the White House"

Editorial: Catching Rogue Judges

Did the state's judicial watchdog agency leave hundreds of kids in jeopardy in the Luzerne County kids-for-cash scandal? And could the panel allow rogue judges to remain in power during the next scandal?

In the aftermath of the Luzerne County judicial debacle, the investigative policies of the state Judicial Conduct Board are coming under some well-warranted scrutiny.

The board's job is to prosecute rogue judges before the state's Court of Judicial Discipline, which can then recommend their discipline, including even removal from the bench.

Last week, the state's preeminent court-reform advocacy group - Pennsylvanians for Modern Courts - called on the Judicial Conduct Board to change its go-slow policy with regard to acting on certain judicial allegations.

PMC rightly challenged a Judicial Conduct Board policy under which the panel defers its own probe to an ongoing outside criminal investigation. The board says its policy is designed to assure that its inquiry doesn't derail possible criminal charges. The board reaffirmed its policy this month.

By deferring action on a 2006 tip it received about judicial corruption in the Luzerne County court, though, the Judicial Conduct Board, if nothing else, passed up a chance to come to the aid sooner of hundreds of children railroaded in an alleged $2.8 million racketeering scam run by two former judges.

Citizens watching the Luzerne County case unfold - and wondering where the next judicial scandal will emerge - have every right to demand that authorities move quickly when a sitting judge is perverting the cause of justice.

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Editorial: Catching Rogue Judges

Ex-Judge Resigns Law License to Avoid Discipline

A former St. Bernard Parish judge who pleaded guilty in a bribery scheme has permanently resigned his law license rather than face judicial discipline, the Louisiana Supreme Court said.

Its order said Wayne G. Cresap had asked the state Office of Disciplinary Counsel to let him do so, and the office backed his request.

Cresap resigned from the St. Bernard Parish bench in October, when he and attorneys Victor Dauterive and Nunzio Salvadore Cusimano pleaded guilty to conspiracy to commit wire fraud.

Prosecutors said they took a total of up to $150,000 in kickbacks disguised as attorneys' fees to let nearly 100 inmates out of jail without paying bond.

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Ex-Judge Who Admitted Bribery Resigns Law License