To: tutstar
(1) When a method for removal from office is not otherwise provided by the State Constitution ... There is a method in place to remove a judge. Jeb can't suspend Greer.
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) 488-1581
To: RGSpincich
Thank you so very much for that info!! I was told by person in Sen. King's office who I'll leave unnamed for the moment that any action to have a judge removed had to go through the FL Supreme Court. Boom, another lie from them, or shall we say 'misinformation'-politically speaking. I get so fed up with trying to talk to some of the FL leadership that it makes me wanna gag!!
360 posted on
01/03/2004 7:48:36 PM PST by
tutstar
(Jesus is the reason for the season! <((--><)
To: RGSpincich
744.3725 Procedure for extraordinary authority.--Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:
(1) Appoint an independent attorney to act on the incapacitated person's behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;
(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;
(3) Personally meet with the incapacitated person to obtain its own impression of the person's capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;
(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person's capacity is not likely to change in the foreseeable future;
(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person; and
(6) In the case of dissolution of marriage, find that the ward's spouse has consented to the dissolution.
The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.
When MS moved Terri to hospice, he did things backwards, didn't he? He moved her and then asked the court's approval of the move, correct? Considering Judge Greer gave the approval, he has never met Terri (right?), as required by law (see above) in regards to this:
744.3215(4) Rights of persons determined incapacitated.--Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393(Developmental Disabilites), chapter 394 (Mental Health), or chapter 397 (Substance Abuse).
According to the definitions under "Mental Health", it is defined as: 18) "Mental illness" means an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include retardation or developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment.
And, can anyone find anywhere in the statutes anything that gave Greer the right to authorize funds from Terri's trust for legal fees? This is the only thing I can find:
744.397 Application of income of property of ward.--
(1) The court may authorize the guardian of the property to apply the ward's income, first to the ward's care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. If the income is not sufficient for these purposes, the court may authorize the expenditure of part of the principal for such purposes from time to time.
(To me, even if she is PVS, that is not a "final illness".)
365 posted on
01/04/2004 9:37:49 AM PST by
Micavaga
(PVS is NOT terminal.... selfish HINO's are!)
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