Terri Schiavo's Family Denied Participation a Second Time

Today, Judge Douglas Baird denied the parents of Terri Schindler-Schiavo (Bob and Mary Schindler) intervention and participation in the constitutionality case of Terri's Law for the second time.

Judge Baird had previously denied Terri's parents participation in November, 2003. Upon review of the courts previous order, the Second District Court of Appeals determined that:

"In denying the Schindlers' motion to intervene, the trial court did not address either of the elements of the Morgareidge intervention rule. Although the order denying the Schindlers' subsequent motion for rehearing does use language that appears to acknowledge the Morgareidge rule by referring to the insufficiency of the Schindlers? interest, that order does not explain why the Schindlers? interest was insufficient pursuant to the above rule. Because the court did not apply the rule set forth in Morgareidge when it denied the Schindlers? motion to intervene, the order is reversed." (Opinion filed February 13, 2004)

"The provision of Fla.R.Civ.P 1.230 control intervention. In order for the Schindlers to be entitled to intervene in this cause, they must demonstrate and interest in the matter in litigation of such a direct and immediate character that they will either gain or lose by the direct legal operation and effect of judgment. Morgareidge v. Howey, 78 So. 14 (Fla. 1918). It is the opinion of this court that they have not demonstrated such an interest and are therefore not entitled to intervene."

Statement from ACLJ:

http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20040312005465&newsLang=en

ACLJ Disappointed by Florida Court Order Denying Intervention for Parents of Terri Schindler Schiavo in Case to Defend `Terri's Law'

CLEARWATER, Fla.--(BUSINESS WIRE)--March 12, 2004--The American Center for Law and Justice, an international public interest law firm specializing in constitutional law, said today it is disappointed that a Florida state court has once again denied a motion to intervene on behalf of Robert and Mary Schindler - the parents of Terri Schindler Schiavo - to permit the parents to become directly involved in defending "Terri's Law" - legislation that cleared the way for Florida Governor Jeb Bush to restore life-saving measures to Terri Schindler Schiavo.

"We are disappointed with the decision and will consider all options including another appeal to Florida's 2nd District Court of Appeal, which has previously overturned Judge Baird on this very issue," said Jay Sekulow, Chief Counsel of the ACLJ, which represents the Schindlers in the state case. "It is our belief that the decision is legally flawed and ignores the fact that the parents have legally sound reasons for intervening directly in this case. The court failed to acknowledge that the Schindlers meet the proper legal standard for intervention. The decision is not only disappointing, but troubling as well."

The ACLJ filed a renewed motion on March 4th in Florida court on behalf of the Schindlers asking the court to abide by the February 13th findings of the 2nd District Court of Appeal, which concluded Pinellas Circuit Court Judge W. Douglas Baird did not follow judicial rules when he denied an ACLJ motion to intervene on behalf of the Schindlers in November 2003. The appeals court ruled that Judge Baird's order be reversed and sent the case back to him "for further proceedings." And, today, Judge Baird denied the March 4th motion to intervene.

The ACLJ contends that the Schindlers must be permitted to intervene in the case - to take a direct and active role in defending "Terri's Law" - a law that is at the center of keeping their daughter alive. The ACLJ contends that Florida case law unambiguously supports granting intervention to the parents of an incapacitated patient in a proceeding determining the continuation or termination of the life of the patient who is their daughter.

Terri's husband, Michael Schiavo, wants Terri's feeding and hydration tubes removed. He filed suit challenging the constitutionality of "Terri's Law" and has the support of the ACLU.

The ACLJ is representing the Schindlers in Schiavo v. Bush - the legal challenge to the constitutionality of the actions of the Governor and state legislature.

Patricia Fields Anderson, an attorney in St. Petersburg, serves as ACLJ local counsel in Schiavo v. Bush and represents Terri's parents in all other aspects of the Schiavo case.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and the protection of human life. The ACLJ is based in Washington, D.C. and its web site address is www.aclj.org.

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