Judge Lets Parents Challenge Custody of Terri Schiavo

Tampa Bay Online ^ | November 5, 2003 | AP

[sweetliberty]

CLEARWATER, Fla. (AP) - A state circuit judge Wednesday refused to block an effort by the parents of a brain-damage woman to try to get her husband removed as her legal guardian. Attorneys for Michael Schiavo now have to respond in court to charges in the petition that he withheld proper care and therapy from his wife, Terri Schiavo, and that he has a conflict of interest because he's in a romantic relationship with another woman.

Bob and Mary Schindler, parents of Terri Schiavo, asked Circuit Judge George W. Greer to appoint Terri's brother or sister as guardian instead.

Schiavo had asked for the Schindler's request to be dismissed, but Greer refused.

In the past, Greer has repeatedly affirmed Michael Schiavo's legal right to remove Terri Schiavo's feeding tube and allow her to die, as he says she would have wished.

The guardianship issue is a sidebar to what is likely to be a major legal battle over a hastily passed state law that let Gov. Jeb Bush order the reinsertion of Terri Schiavo's feeding tube Oct. 21.

Michael Schiavo's attorney, with backing by the American Civil Liberties Union, has challenged the constitutionality of the law.

[longtermmemmory]

do not, that would be california, then NY, THEN FL.

[Krodg]

CHAPTER 798

ADULTERY; COHABITATION





798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.


798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

[lonevoice]

It's almost unbelievable that the governor of our state and someone who we hope would show some integrity and leadership would resort to such a low and trashy legal move in this case," Felos said.

OH MY! Absolute perfection. This is the most spectacular irony imaginable. Happy feet happy feet!

[pollywog]

Fair enough. I am sure as toot'n hoping that what he said was DARN close to it!!!!!!

[Aliska]

So it is a misdemeanor and directly or tangentially related to guardianship under Florida statutes?

[sweetliberty]

"What I want to know is, how come the drs could override the husband's wishes in her case and remove the feeding tube?"

I wondered about that too. And what state was that in?

[Aliska]

Also, are you sure that is Florida law or another state?

[Aliska]

I wondered about that too. And what state was that in?

I'm wondering also. I hope they went over her story with a fine-toothed comb before they put her on the air.

[fishbabe]

but the difference is,the whole country wasn't watching greer and schiavo...now, we are and those two goons know it.....i'm sure greer would like to keep his cushy job just a bit longer and if he doesn't do the terry schiavo case right..WELLLLLLL!!!!!!!!!!!!

[Dajjal]

Great news! Prayers for Terri!

[Krodg]

Florida

http://www.megalaw.com/fl/flstatutes.php?App_mode=Display_Statute&codelink=URL=Ch0798/titl0798.htm

[longtermmemmory]

Predetermination as a grounds for recusal procedure and law: (pulled from Fuster-Escalona v. Wisotsky, 715 So. 2d 1053 (Fla. 4th
DCA 1998))

http://www.law.fsu.edu/library/flsupct/sc93949/op-sc93949.pdf

(sorry about the formatting)

Section 38.10, Florida Statutes (1993), provides:
Disqualification of judge for prejudice; application;
affidavits; etc.--Whenever a party to any action or
proceeding makes and files an affidavit stating that he fears he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that any such bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavit and application are made in good faith.

§ 38.10, Fla. Stat. (1993) (emphasis added). Florida Rule of Judicial Administration 2.160 establishes the procedural aspects of seeking disqualification. Rule 2.160 states that:

(f) Determination--Initial Motion. The judge against
whom an initial motion to disqualify under subdivision
(d)(1) is directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and
proceed no further in the action.

If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion. Fla. R. Jud. Admin. 2.160(f) (emphasis added).

This Court has strictly applied the above language because an allegation of judicial prejudice is always a serious matter. Thus, the rule provisions concerning “immediate” resolution have been accorded their plain meaning, which the Court has explained requires action that is “prompt” and “with dispatch.” Livingston v. State,
441 So. 2d 1083, 1085 (Fla. 1983). Our comment on the adoption of rule 2.160
emphasizes a trial judge’s responsibility to act quickly on such a motion: “We find
the motion [to disqualify] should be ruled on immediately following its presentation to
the court.” Florida Bar re Amendment to Fla. Rules of Judicial Admin., 609 So. 2d
465, 466 (1992). When a trial court fails to act in accord with the statute and
procedural rule on a motion to disqualify, an appellate court will vacate a trial court
judgment that flows from that error. See, e.g., Cave v. State, 660 So. 2d 705, 708
(Fla. 1995) (“[W]e find that Judge Walsh’s conduct failed to follow the procedural
process outlined in rule 2.160 and his error requires us to vacate Cave’s sentence.”).

[FatherOfLiberty]

The "evil" and "murderous" Judge Greer is being fair.

Perhaps he's trying to avoid starting a riot??? All them conservatives carry concealed weapons, don't ya know?

[longtermmemmory]

most judges carry a firearm.

[sweetliberty]

Thank you! I have so much information floating around in my head this past few weeks that a lot of it is nearly useless because I can't remember where it is, unless it has been linked in the main thread.

[Aliska]

Thank you. It would now be up to the court to determine if it applies to guardianship . . . that's the part I don't understand. As a guardian, MS is guilty of a misdemeanor, but whether the judge will apply it to guardianship remains to be seen . . .

That does settle the question of whether it is Florida law. In that light, I'll reread the guardianship removal petition.

[Colonel_Flagg]

That and I'd have a hard time believing that a judge in a case such as this would refer to either of the parties by a first name. If such a quote were indeed verbatim in my non-legal mind that would border on judicial misconduct.

[Krodg]

I couldn't remember where I'd seen it on thess threads, so I had to do a search. Bookmarked it this time. LOL

[Aliska]

I'm finding google advanced search a useful tool if I can remember the words. Search on domain freerepublic.com and narrow it to the past 3 months with the words you remember. That might help you for much of it.

[Krodg]

I found the info under 'Guardianship'.