Schiavo never had appropriate legal representation, court told
By JONI B. HANNIGAN
February 3, 2005
http://www.floridabaptistwitness.com/3782.article
(excerpts)
CLEARWATER (FBW)--Urging the court to not rush into a life-and-death situation at the hands of an overzealous attorney, a lawyer for Terri Schiavos family argued Jan. 28 that she has never been given her constitutional right to an independent attorney, something that should happen before she is literally starved to death by a court order.
Gibbs said Terri Schiavo had not been given due process under the law because she did not have independent counsel at any time during the proceeding that would ultimately decide whether she lives or dies. He also argued that the separation of powers is in jeopardy when the judiciary is solely responsible in deciding the outcome of such a critical issue.
Several times at the hearing, Gibbs urged the judge to make sure, whatever the outcome, that Terri Schiavo has her day in court.
I urge the court not to rush, Gibbs said. There is not reversibility once Terri Schiavo has been starved and dehydrated to death.
We helped her get an attorney, because she had only been represented by her family's attorney, paid for out of he own trust fund. Through the help of her attorney, she was able to convince the judge to have another family member and friend share her guardianship with her immediate family member. After that her attorney helped to win her complete emancipation. Of course my friend had a far more reasonable judge who thought the family's plans for my friend were HARSH.
Terri is not able herself to secure her own attorney. That doesn't mean she doesn't have a RIGHT to have one. She does.
Judge Greer had better see it that way.