4. Florida law provides that while judges may act as guardians of members
of their families, they may not do so for anyone else. FLA. STAT. § 744.309(b)(2).
5. Florida judges are not among the individuals the Florida Legislature has
designated as eligible to serve as proxies who can act on behalf of incapacitated patients.
See FLA. STAT. § 765.401(1)(a)-(g).
6. Florida constitutional law also forbids the assumption of guardianship
responsibilities by judges who are presiding in a disputed case. In In Re TW, 551 So.2d
1186, 1190 n. 3 (1989), the Florida Supreme Court held:
Under no circumstances is a trial judge permitted to argue one side of a
case as though he were a litigant in the proceedings. The survival of our
system of justice depends on the maintenance of the judge as an
independent and impartial decisionmaker. A judge who becomes an
advocate cannot claim even the pretense of impartiality.
7. Petitioner, Theresa Marie Schiavo, Incapacitated, has never been
represented in her individual capacity by independent counsel. Instead, Michael
Schiavo’s legal counsel has purported to represent Terri’s constitutional rights despite the
fact that Florida courts have found Michael Schiavo to have at least the appearance of a
conflict of interest. See Schiavo I, 780 So.2d at 178.
This was a filing in Federal Court last week. If this isn't reversible error, what is.
I am in agreement with you, but at a loss for words