Posted on 03/29/2005 1:42:13 PM PST by glory2
"Under the Florida Constitution, only the Judicial Qualifications Commission has authority to investigate complaints against Florida judges. Persons wishing to file a complaint should address materials to: Judicial Qualifications Commission 1110 Thomasville Road Tallahassee, FL 32303 (850) 488-1581 No further action will be taken by this office. Sincerely, Heidi Huelskoetter, M.S.W. Operations & Mgmt. Consultant Manager Office of Inspector General Department of Children and Families 850-488-1225 fax 850-488-1428
And thats where your error is.
If you were a Dem, you could vote in Washington AND Florida.
AND California!!!!
BTTT, Doug..
Greer is the one who spoke for Terri to have the tube removed.
IN THE CIRCUIT COURT FOR PINELLAS COUNTY,
FLORIDA PROBATE DIVISION
File No. 90-2908GD-003
IN RE: THE GUARDIANSHIP OF
THERESA MARIE SCHIAVO,
Incapacitated.
MICHAEL SCHIAVO, as Guardian of the person of
THERESAMARIE SCIHAVO,
Petitioner,
vs.
ROBERT SCHINDLER and MARY SCHINDLER,
Respondents.
ORDER
THE COURT held a hearing on September 11, 2003 pursuant
to the Mandate of the Second District Court of Appeal
dated August 25, 2003. The hearing was scheduled by Order
of this court rendered August 28, 2003 to immediately follow
another hearing previously scheduled by counsel.
The purpose of the. hearing was to schedule the removal of
the nutrition and hydration tube in this very long and
extremely difficult case. The Second District Court of Appeal
in Schindler v. Schiavo, 851 So.2d 182 (Fla. 2d DCA 2003),
made observations- with which this court frilly concurs.
The judges on this panel are called upon to make a.
collective, objective decision concerning a question of
law. Each of us, however, has our own family, our own
loved ones, our own children. From our review of the
128a
videotapes of Mrs. Schiavo, despite the irrefutable evidence
that her cerebral cortex has sustained the most
severe of irreparable injuries, we understand why a
parent who had raised and nurtured a child from conception
would hold out hope that some level of cognitive
function remained. If Mrs. Schiavo were our own
daughter, we could not but hold to such a faith.
But in the end, this case is not about the aspirations that
loving parents have for their children. It is about Theresa
Schiavos right to make her own decision, independent
of her parents and independent of her husband. In
circumstances such as these, when families cannot agree,
the law has opened the doors of the circuit courts to
permit trial judges to serve as surrogates or proxies to
make decisions about life-prolonging procedures. See In
re Guardianship of Browning, 568 So.2d 4 (Fla. 1990)
(affirming In re Guardianship of Browning, 543 So.2d
258, 273-4 (Fla. 2d DCA 1989)); see also § 765.401(3),
Fla. State. (2000), It is the trial judges duty not to make
the decision that the judge would make for himself
or herself or for a loved one. Instead, the trial judge
must make a decision that the clear and convincing
evidence shows the ward would have made for herself.
§ 765.401(3). It is a thankless task, and one to be undertaken
with care, objectivity, and a cautious legal standard
designed to promote the value of life. But it is also a
necessary function if all people are to be entitled to a
personalized decision about life-prolonging procedures
independent of the subjective and conflicting assessments
of their friends and relatives.
At the hearing, the Court heard from counsel and, based
upon the Mandate, it is
ORDERED AND ADJUDGED that the Guardian, Michael
Schiavo, shall cause the removal of the nutrition and hydra-
129a
tion tube from the Ward, Theresa Marie Schiavo, at 2:00 p.m.
on the 15th day of October, 2003.
DONE AND ORDERED in Chambers, at Clearwater,
Pinellas County, Florida this 17th day of September, 2003 at
3:30 oclock.
/s/ George W. Greer
GEORGEW. GREER
Circuit Judge
90-2908-GD-003
Copies furnished to:
Patricia Fields Anderson, Esquire
George L Felos, Esquire
Deborah A. Bushnell, Esquire
Gyneth S. Stanley, Esquire
Lawrence Crow, Esquire
Pamela A. M. Campbell, Esquire
Scott P. Swope, Esquire
Joseph D. Magri, Esquire
Perhaps the attorneys among us can explore such ideas as Suits for Specific Performance to help make sure the investigation occurs.......
Twice!
This is th 'tip of the iceberg' of what Terri and her family are up against.
Heres where Terri Schiavo Insurance money went:
These funds, the result of a malpractice suit, were meant solely to provide for Terri Schiavos care and rehabilitation.
=======================================================================================
Atty. Gwyneth Stanley - $10,668.05
Atty. Deborah Bushnell - $65,607.00
Atty. Steve Nilson - $7,404.95
Atty. Pacarek - $1,500.00
Atty. Richard Pearse (GAL) - $4,511.95
Atty. George Felos - $397,249.99
1st Union/South Trust Bank $55,459.85
Michael Schiavo - $10,929.95
Total: $545,852.34
Neglect and abuse complaints is that Michael Schiavo:
* Has not allowed therapy or rehabilitation since late 1992.
* Has prevented swallowing tests or swallowing therapy since 1993.
* Ordered caretakers not to clean Terri's teeth since 1995, resulting in removal of five teeth in April 2004.
* Placed Terri in hospice in 2000, despite the fact she is not terminally ill.
* Refuses to allow Terri to leave her room. She has not been outside since 2000.
* Ordered doctors not to treat Terri when she had a life threatening infection in 1993 and 1995.
Terri Schiavo had sustained a serious brain injury as the result of a suspicious incident in their home in 1990 and in 1992,
her husband had filed claims against several of her former doctors, claiming her collapse was caused by a misdiagnosis.
He received over $1.5 million in 1993 including $750,000 which had been specifically earmarked by the trial jury for Terris rehabilitation based on a life expectancy of 50 years.
Mary and Bob Schindler Sr., her parents, consulted a St. Petersburg attorney about removing Michael Schiavo as their daughters guardian and discussed the case at length with him.
Unfortunately, the Schindlers did not have the amount of money the attorney demanded as a retainer to take the case.
That attorney became the judge in the case-----a totally prohibited conflict of interest.
Thereafter, the attorney-judge approved the hiring of George Felos as the attorney for Schiavo to be paid from the trust fund and the stage was set for her judicial homicide.
The judge wasnt George W. Greer.
It was Mark I. Shames.
The money was then diverted to the Judicide G reer.
|
GREER DONOR |
AMOUNT |
POSITION |
ACTION |
Lawyers For |
Hamden Baskin III Felos & Felos Deborah Bushnell Gyneth S. Stanley Steven Nilsson Beth Wilson
|
$500 & $500 |
Michael Schiavos Lawyer[s] |
Greer |
|
Daniel Grieco
|
$300 |
Employer of Michael Schiavo at time of Feb. 25, 1990 then attorneyOf record for Michael up until the malpractice award, |
Incident when injuries occurred to Terri,Reappeared as attorney for selected pleadings |
State/County |
Frank Nagatani |
$50 and $50
|
DCF Attorney |
Squashed |
|
Bernie McCabe |
In-Kind |
State Attorney |
Allowed underling to appear in campaign ad for Greer |
|
Everett Rice |
$500 & In-Kind |
Sheriff/State Rep |
Didnt conduct criminal investigation into what really happened to Terri or allegations of abuse after initial incident |
|
John Carassas |
$100
|
Deputy Attorney General |
Florida Deputy Attorney General, involvement with |
|
James Hellickson
|
$150 & In Kind |
Assistant state attorney in office of Bernie McCabe, Pinellas/Pasco State Attorney |
|
|
Paula Shea |
In Kind |
Assistant Pinellas Public Defender |
Appeared in Greer Campaign Ad |
|
Andrew
|
$100 |
Officer in Guardianship monitoring program and Guardian ad litem pool |
Was supposed to: |
Misc. People w connections |
Richard La Belle
|
$100 |
Member of Board of Directors of |
Supposedly ACPD |
|
Battaglia, Ross, Disus and Wein
|
$250 |
Principal Kelli Crabb is past chairperson of Hospice Foundation of Florida Suncoast and member of Board of directors |
|
|
Gus Bilirakis
|
$40 cash |
Former Hospice Board member and of American Hellonic Education Progressive Assoc. (AHEPA) |
Felos past Governor |
|
Divito and Higham
|
$250 and $250 |
Law firm employed by St. Petersburg/Venice |
Terris Dioceses |
The Rule of Terri's Case Strikes Again. -2004- Judge Greer's crimes
Law conveniently changed by Hospice where Terri is dying
MICHAEL SCHIAVO'S lies and contradictory testimony in easy to read format
scientology_and_terri_schindler_schiavo_death_connection
DOCUMENTS TYING MS's LAYWERS TO THE HOSPICE
More info on the tangled web the Florida Judiciary has woven here
BUMP!!!
Backatcha. See this link......
http://www.theempirejournal.com/329052_federal_complaint_filed_w.htm
Bump for Truth, Justice and the American way
"Letter of Compaint to Florida's Judicial Qualifications Commission to investiage Judge Greer"
Thanks -- I was just about to ping you when I got a phone call so we would have the facts.
JQC INFORMATION The Judicial Qualifications Commission is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. It is not a part of the Florida Supreme Court and operates under rules it establishes for itself. The JQC has no authority over federal judges or judges in other states. Complaints against judges must be filed with the JQC, not with the Supreme Court. The JQC can be reached at:Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581FREQUENTLY ASKED QUESTIONS
What Are the Ethics Standards for State Judges? The ethical standards for judges are called the Code of Judicial Conduct. They apply to all sitting judges. Canon 7 of the Code also applies to anyone seeking judicial office, such as in an election.
How Do Investigations Begin? The JQC can investigate complaints made by individuals, and it can investigate judges on its own initiative. During the investigative phase, all JQC complaints and proceedings are confidential and not subject to the public records or public meetings laws.
How must a complaint be filed? Complaints can be filed as a simple letter to the address above outlining the alleged misconduct of the judge. No form is required.
Who Is on the JQC? There are 15 members of the JQC. Two must be district court of appeal judges chosen by all the judges of the 5 district courts. Two must be circuit court judges chosen by all the judges of the 20 judicial circuits. Two must be county court judges chosen by all the judges of the 67 county courts. Four must be registered voters who also are lawyers, chosen by the Board of Governors of The Florida Bar. The final five must be non-lawyers who are registered voters, chosen by the Governor.
When Do Proceedings Become Public? To start a formal case, the JQC files with the Supreme Court a notice of formal charges. This is a public record and is the first public announcement that a formal investigation is underway. However, this document alone does not give the Supreme Court any authority to commence proceedings of its own. Until the investigative stage is complete, the Supreme Court merely acts as the custodian of public records filed with it in the pending investigation. Any further action at this point will be undertaken by the JQC.
How Does the JQC Hold Proceedings? Normally a panel of JQC members will hear further proceedings against the state judge. The amount of time involved in conducting hearings varies greatly from case to case. Some judges agree or "stipulate" to some form of discipline, which means there will be no further proceedings and the case will go on to the Supreme Court for final determination. If a judge contests the charges, more time and more proceedings usually are involved. The JQC panel schedules its own hearings.
When Does the Case Come to the Supreme Court? Once the JQC panel has concluded its hearings, it files its findings and recommendation for any discipline with the Supreme Court. If the state judge has stipulated to discipline, the stipulation also will be filed with the Court. The Supreme Court then must decide whether to schedule oral argument. Briefs can be filed with the Court before it decides the case. If oral argument is scheduled, it is announced in advance in the Court's Press Summaries, which are available on the Press Page of the Court's website.
What Kinds of Discipline Can a Judge Receive? Possible forms of discipline can include one or more of the following:
- No discipline
- A public reprimand administered during a formal Supreme Court session
- A fine
- Suspension from office
- Removal from office
- Involuntary retirement due to disability
What Other Government Bodies Can Discipline Judges for Misconduct? In addition to the JQC process, the Florida House of Representatives has authority to impeach judges, who then are tried for misconduct in the Florida Senate. Judges are removed from office by impeachment if found guilty by the Senate. No state judge has ever been found guilty following impeachment by the House. Apart from impeachment, only the JQC can recommend forms of discipline, which must be approved by the Florida Supreme Court.
Can Judges Be Suspended from Office While Under Investigation for Misconduct?Judges can be temporarily suspended from office while under investigation in only two ways. First, if a judge is impeached by the House and awaiting trail by the Senate, an automatic suspension is imposed by the state Constitution. Second, the JQC can request suspension with or without pay while it investigates a judge, which the Supreme Court must approve. No other governmental entities can suspend a judge from office pending an investigation.
How Can I Watch JQC Cases Before the Supreme Court? All of the Supreme Court's cases, including JQC proceedings and public reprimands of state judges, are broadcast on the Internet, by satellite, and by some privately owned cable TV companies. Video archives also are available via the Internet for free. The Press Page on the Court's website has more information about how to watch these broadcasts and access the archives. Tapes of the proceedings also can be purchased from the Court's broadcast partner, the Florida State University Broadcast Center, by calling (850) 487-3170.
Bump
can you give us a link for this please ?
GET this guy!!!!!!!!!!
That's okay -- they will understand someone from another State submitting a complaint -- they vote from NY and again in FL!
Not to mention out of 47 arrested only five came from Florida!
Thanks for posting that! Once again you brought in the facts!
Courts and judges get involved when there is a conflict between law, when both sides can quote law supporting their beliefs, but only one side can prevail.
Courts also get involved when there is conflict regarding fact, did someone run the stop sign or did they pull the trigger, for example, but facts are not the major issue here. Certainly there is the issue of whether or not Terri is in a PVS. There are experts that say she is; experts who say she is not. It's up to the judge to side with one expert over the other. Not easy, but it's what judges and juries do.
But back to the issue of law and laws in conflict. One law says I can drive 65 on the interstate. Another says my speed must be reasonable and prudent. Who decides if I was wrong to drive 60 in a blinding rainstorm? Judges do.
Breaking and entering is against the law. But if I break into a mountain cabin to rest and feed myself in a blizzard, was my action legal. What about in a rainstorm, where all that would happen is that I would get wet? What about a gentle rainstorm on a very cold day when I was worried about hypothermia? But how about if I steal food from a store to feed my starving child? The judge decides.
Let's say state law requires that I toot my horn as a warning before I pass another car, I don't, but my loud muffler is much louder than any horn could ever be. Do I still have to blow my horn?
The law says trains must blow their horn 4 times before every railroad/road intersection, but if I'm driving a train at 2 miles an hour through a residential neighborhood at 4:00 AM, do I still have to blow the horn and wake everyone?
In this case, Judge Greer relied on the fact that, under the law, the next of kin speaks for a person who cannot speak for themselves. When a person it married, that NOK relationship passes from parents to spouse at marriage. The law doesn't call for a vote or a concensus. It says one person is the NOK, and in this case, it was the husband.
We don't like Judge Greer's decision, but it is not attackable in any way with an entity such as the Judicial Commission.
Michael had some law on his side. Unfortunately, it was enough
No kidding. I MEAN NO OFFENSE TO CHICAGO FREEPERS...but boy oh boy, doesn't this whole thing fit the stereo-typical machinery of the Chi-Town politics?
Everyone's hands in everyone's pockets. With all roads leading back to Greer.
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