Florida Judges need major scrutiny and thanks to Judge Greer and Judge Baird and their pals in Tampa, Terri was starved and dehydrated to death. JUDICIAL HOMICIDE.
Lawmakers set out to determine Terri Schiavo's legislative legacy
Apr. 17, 2005
Samantha Gross, Associated Press
TALLAHASSEE, Fla. - When word of Terri Schiavo's death arrived at the state House floor, Rep. Dennis Baxley told colleagues, "her death is not in vain."
Now Baxley and other lawmakers are working to make true on that promise, brainstorming legislation that would apply the lessons of her story. Even legislators who did not want the government to intervene to keep the brain-damaged woman alive say they'll work to prevent a tragedy like hers from happening again.
"There are some things that we could do and possibly should do," said Sen. Jim King, one of the nine Republicans who helped block a measure aimed at keeping Schiavo alive. King now says he's considering proposing legislation next year stemming from the case.
The story of the once-shy woman, who died last month in the glare of a national spotlight on right-to-die issues, captivated lawmakers and citizens - in part because it was so ripe for speculation.
Some said that Terri Schiavo's interests were overshadowed by the escalating acrimony between her husband and parents. Others worried that Michael Schiavo's battle to have his wife's feeding tube removed might have been influenced by money or by a desire to marry another woman with whom he has two children. He insisted he would not benefit financially from his wife's death and said he remained a loyal husband.
Accusations flew that the courts, which rejected the appeals of Bob and Mary Schindler to keep their daughter alive, had somehow missed vital evidence. And some argued that food and water, even when provided through a tube, should be standard as the most basic of care.
Everyone could agree on one thing: It all might have been prevented if the 26-year-old Terri Schiavo had had a living will in 1990 when she collapsed from a chemical imbalance.
Now lawmakers say they will propose measures to fill in those gaps - where they say Florida law was unprepared to cope with the specifics of the brain-damaged woman's case.
Proposals vary widely - from helping more people write living wills to changing guardianship laws to prevent adulterers from controlling the fate of their incapacitated spouses. Most are still in the formative stages, with many saying it's best to wait until next year to take the ideas to the Legislature.
"That shouldn't be done during this session," said Gov. Jeb Bush. "I think we need to move on, let the wounds heal, and focus on reconciliation, and do this in a thoughtful way."
Bush and others have said they're interested in limiting the power of guardians who have a conflict of interest.
Sen. Ron Klein, D-Delray Beach, praised the sentiment but cautioned such a change could interfere with the sanctity of marriage.
"If my wife and I both have insurance policies, and I am in a persistent vegetative state ... is she in a conflict of interest as my guardian because she gets the insurance money?" he asked.
Others say that those facing a life-and-death decision should automatically be appointed a guardian by the courts.
"We need to make clear that people in that situation have an individual right to counsel," said Rep. John Stargel, R-Lakeland.
Baxley, who led House efforts to keep Schiavo alive, also questioned whether such significant decisions should be left to a single judge, and brought up the possibility of imposing term limits on judges.
"I never knew that a judge could order someone dead," he said.
Stargel said that a more attainable change might be to establish a state ombudsman, who oversees the courts for the executive branch.
Baxley, R-Ocala, also still hopes to make food and water, even when provided artificially, the default treatment for incapacitated patients who did not leave specific instructions. During the battle over Schiavo's care, he and others accused the state of institutionalized starvation.
A less controversial approach would encourage more Floridians to put their end-of-life wishes in writing. One bill (HB 1345) already moving through House committees would require state Division of Motor Vehicles offices to offer sample living wills, and allow residents to indicate on their driver's licenses whether they have such an advance directive.
"We need to find some venues in which people are made aware of the importance of advance directives," said King, R-Jacksonville, who also suggested couples applying for marriage licenses be offered the opportunity to file their written wishes with the state.
Lawmakers including Klein said they might push for an online registry for the documents. Klein says his grandmother was kept alive for years in a persistent vegetative state because her family couldn't find her living will.
A program recently offered by the state of Arizona is expected to cost just $60,000 per year, all covered by private donations and grants.
Bush says he wants to offer citizens some sort of incentive to put their wishes in writing.
"The answer to this is that we don't count on government to be the arbiter, or count on the courts to do that. This is really our responsibility for the people that we love," he said.
Legislators should be careful to consider broad issues rather than the facts of a single case, said Barbara Bennett Woodhouse, director of the Center on Children and Families at the University of Florida.
"To change the law for every case that comes in the future because of one case that some people felt was wrongly decided would add so many extra expenses," she said.
But Baxley said it was the responsibility of lawmakers to respond to the questions raised by Terri Schiavo's story.
"I respect the courts," he said. "They can only act on the laws we give them."
http://www.bradenton.com/mld/bradenton/11418847.htm
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Florida Legislature: http://www.leg.state.fl.us/
She just asked a questions about having to go through their lawyers?
Personally I would think if one wanted to do a service to help Terry on a message board .. there wouldn't be any need to bring lawyers into it