Posted on 11/07/2003 1:22:29 PM PST by flattorney
Gov. Bush Asks To Meet Guardian
Request to meet with the guardian ad litem of brain-damaged Terri Schiavo prompts questions from lawyers and legal experts.
BY TERE FIGUERAS Miami Herald
Gov. Jeb Bush has asked to meet with Terri Schiavo's new court-appointed guardian, saying he wants to express his concerns in person and assist the medical expert in ''determining the scope'' of his review of the brain-damaged woman's case.
Bush sent his letter Thursday to University of South Florida professor Jay Wolfson, the guardian ad litem for Schiavo, a 39-year-old woman who has been in a vegetative state since a 1990 heart attack.
The request prompted questions from lawyers for Schiavo's husband, who has been locked in a bitter legal battle with his in-laws.
Michael Schiavo says his wife did not want to be kept alive by artificial means. Her parents say she may still recover.
"This is the latest example of the governor's intrusion into this case. I find it very inappropriate," said Howard Simon, executive director of the American Civil Liberties Union of Florida, which recently joined Michael Schiavo's legal team.
On Oct. 21, six days after Michael Schiavo had his wife's feeding tube removed with the court's approval, Bush used a new state law -- known as ''Terri's Law'' -- to have the tube reinserted.
Bush, speaking with The Herald on Thursday, said his request to speak with Wolfson before Wolfson issues his recommendations to the governor and the court was not inappropriate and would not interfere with Wolfson's investigation.
"What the judge asked the guardian to do is make a determination based on some very specific facts,'' Bush said. To make a final decision on Terri Schiavo's fate, he said, ``I need to have a larger set of facts to explore and so I want to talk to him about it."
University of Miami law professor Bernard Perlmutter said the request undermines the guardian ad litem's role.
"It's inappropriate and improper," said Perlmutter, director of the law school's Children and Youth Law Clinic.
"Courts don't make decisions behind closed doors. It seriously questions the legitimacy of the process if there's even the appearance that the governor is using the power he wields to influence the findings of this highly qualified individual."
Wolfson, for his part, declined to say if he would accept the governor's invitation.
Herald staff writer Lesley Clark contributed to this report
That ACLU type still around? He rear-ended my car over a decade ago (I was ahead of him, making a right turn, but had to stop for a pedestrian, he didn't stop). He was all bent out of shape because the precious headlights on his import might have gotten damaged. But since he was at fault, he didn't whine too much.
LOL, who is this shmuck kidding? That's exactly what they do and the law and the public be damned.
Gee, they had to go all the way to Miami just to find one Florida lawyer who would say that. Ask enough of them and sooner or later you'll find one who agrees with you.
Let's see, the Governor is trying to help someone stay alive. That's intrusive and inappropriate. But the ACLU files lawsuits for the removal of public displays of the Nativity, crosses, and other forms of freedom of speech, but that's not intrusive or inappropriate. Hmmmm. Yeah, sure.
"What the judge asked the guardian to do is make a determination based on some very specific facts,'' Bush said. To make a final decision on Terri Schiavo's fate, he said, ``I need to have a larger set of facts to explore and so I want to talk to him about it."[translation: Greer is NOT going to get away with LIMITING this investigation to an extremely small set of facts. ALL the 'facts', (or corruption) may now be up for STATE review]
...law professor Bernard Perlmutter said the request undermines the guardian ad litem's role... "It's inappropriate and improper"[translation: ...wahhhhhhh! liberals 'might' not get their right-to-die precident ]
"This is the latest example of the governor's intrusion into this case. I find it very inappropriate," said Howard Simon, executive director of the American Civil Liberties Union of Florida,[translation: ...wahhhhhhh! liberals 'might' not get their right-to-die precident ]
Wolfson, for his part, declined to say if he would accept the governor's invitation.[translation: Wolfson MAY HAVE already decided Terri SHOULD die, and if so, isn't sure how to say 'STICK-IT' to the Gov. ]
Just like GF had to go to Minnesota to find a death doctor of sufficient renown. Gee, aren't there enough in Florida itself, if that's such a meritorious thing?
Gee, Michael's word of compassion or Terri's parents word's of compassion. Well, as unbiased as I am in this discussion, I guess I have a favor for Terri's parent's mindset over Michael's (her loving husband) on this matter.
(a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.
(a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.
SECTION 17. Impeachment.--
(a)... justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.
(b) An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and, unless impeached, the governor may by appointment fill the office until completion of the trial.
(c) All impeachments by the house of representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by the chief justice, shall preside at the trial, except in a trial of the chief justice, in which case the governor shall preside. The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer.
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