A recent editorial in the Tennessean urges Davidson County Probate Judge David Randy Kennedy to remove Public Guardian Jeanan Mills Stuart from office, citing reports that she has overbilled clients and charged a lawyer rate for countless tasks that have nothing to do with legal expertise. Kennedy recently removed Stuart from a pending case and said he would not assign others to her until reviewing her conduct.
Gov. Bill Haslam has signed into law the first major revisions in more than a decade to the state law that governs the process of placing state residents under the control of a court-appointed conservator. The new statute, which will take effect July 1, was the product of a series of hearings held across the state by the TBA. Speaking about the legislation, House sponsor Andrew Farmer, R-Sevierville, said that the “intent of this law is to clarify the process, to make sure people aren’t being taken advantage of.” The Tennessean has the latest developments. TBA members will be able to learn more during a program at the 2013 TBA Convention in Nashville that focuses on changes in the law that came out of the last General Assembly session.
The Tennessean’s coverage of the legislature’s final passage of conservatorship reform gives the TBA credit for laying the groundwork for the bill with a series of public hearings across the state on the issue. In the article, Executive Director Allan Ramsaur expresses his appreciation for the opportunity to review the legislation, saying the changes "should bring some clarity to the way the process works." The bill now awaits the governor’s signature.
The state Senate today gave final unanimous approval to the bill (SB 555/HB 692) sponsored by lawyer legislators Sen. Doug Overbey, R-Maryville, and Rep. Andy Farmer, R-Sevierville, making changes to governing conservatorships after hearing a report from the Tennessee Bar Association. Among the proposed changes, the recommendation establishes a uniform emergency placement process, clarifies the role of guardians ad litem, requires court orders to specify rights being taken away, and calls for more frequent financial reports. The recommendations follow a series of hearings held across the state at which members of the TBA Special Committee on Conservatorship Practice and Procedure, chaired by Jackson lawyer Pam Wright, heard from witnesses who lost all of their assets as victims of conservatorships. The legislation will be one of the topics in the Legislative Update CLE at the TBA Convention in Nashville in June. The Tennessean has more.
Nashville attorney John E. Clemmons, whose law license already is under suspension for misappropriation of a ward’s funds, is being accused in a civil suit of misappropriating at least $450,000 from a now-deceased elderly woman whom the courts had entrusted to his care. The suit charges Clemmons with breach of fiduciary duty, conversion and intentional misappropriation of funds in handling the estate of Nannie P. Malone, The Tennessean reports. The suit was filed by Malone’s daughter.
A number of bills of interest to lawyers may see action before the end of the session. They include:
Lawyer Regulation -- A bill (SB 779/HB 635) to impose criminal sanctions on Board of Professional Responsibility panel members, staff, lawyers subject to discipline, and their counsel for certain procedural violations could see action in committees in both chambers. The TBA has resisted this unwelcome intrusion in the Supreme Court’s disciplinary process.
Tort -- Codification of comparative fault with limitations of joint and several liability in several types of cases that the courts have carved out by common law -- including products liability and cases with combined intentional and negligent actors -- still awaits House committee action (SB 56/HB 1099).
Collateral Source Rule --The effort to limit the effect of the collateral source rule (SB 1184/HB 978) will be studied for now but could return next year.
Workers Compensation Overhaul -- The Workers Compensation overhaul (SB 200/HB 194) continues its march towards expected passage. According to the Associated Press, the plan is scheduled for a full Senate vote on Monday night with the House Finance Committee taking it up on Tuesday.
Conservatorship -- The work of the TBA’s Special Committee on Conservatorship Practice and Procedure has been adopted by the Senate (SB 555/HB 692) and should see action in the House Civil Justice Committee this week.
Trust Law -- A bill (SB 713/HB 873) to rewrite Tennessee trust law and a 52-page amendment debuted 10 days ago will see action in the House Civil Justice Committee.
Criminal --The Senate Judiciary Committee will hear about legislation (SB 1362/HB 1293) permitting prosecution of an alleged repeat child abuser in any county where an act of of abuse allegedly occurred, and permitting evidence of all prior child abuse by declaring past offenses to be a "continuing offense.”
State legislators are well under way in righting the wrongs in current conservatorship law “thanks to the hard work of the Tennessee Bar Association,” The Tennessean writes in a Sunday editorial. The piece recounts the case of Jewell Tinnon, who lost her house, car and belongings due to the mismanagement of a conservator and highlights the provisions of the legislation under consideration. It ends with final nod to the TBA, which organized a series of public hearings across the state to address conservatorship reform: “We trust that our laws protect us when we cannot. We are glad the Tennessee Bar Association and our General Assembly are making it so.” Last week, the Senate Judiciary Committee unanimously approved SB 555. The House Civil Justice Subcommittee is scheduled to take up the bill this week.
Probate Judge David Randy Kennedy this week replaced a Davidson County public guardian who had been charging her full hourly fee for legal work regardless of the service she was performing, the Tennessean reports. Court records show that while Jeanan Mills Stuart was serving as conservator of Marlee Spalding she billed $986 to accompany her to a Christmas concert at the Schermerhorn and $1,282 for a shopping trip, the newspaper reported. Spalding’s sister Myra S. Whitaker will take over as conservator, and Judge Kennedy has said he will not assign any additional cases to Stuart pending a review of the fees she has charged.
Davidson County Probate Judge Randy Kennedy is launching a review of the billing practices of the county’s public guardian to see whether she charged excessive fees to the elderly and disabled people she is supposed to protect. According to The Tennessean, Kennedy notified the Metro Council that he also is going to halt new appointments to Jeanan Mills Stuart during the review. The move comes after news of questionable billing practices surfaced last week. As the county guardian, Stuart makes legal, medical and financial decisions for those who are incapacitated by mental or physical illness, addiction or injury when there is no suitable family member or friend to handle such tasks.
A former court-appointed conservator pleaded guilty Monday to theft and sexual battery against an elderly, disabled couple he was charged with protecting, according to The Tennessean. Walter Strong of Celina admitted to sexual battery of the woman and theft of $105,479 from the couple. He was ordered to make restitution, but his attorney said it was unlikely he would ever have the resources to pay back the full amount. The decision comes on the heels of a recommendation by the Tennessee Bar Association to amend state conservatorship law.
The Tennessee Bar Association Board of Governors approved a series of proposed changes in state conservatorship law at its winter meeting. The recommendations now will be forwarded to legislative leaders. Among the proposed changes, the recommendation establishes a uniform emergency placement process, clarifies the role of guardians ad litem, requires court orders to specify rights being taken away and calls for more frequent financial reports. The recommendations follow a series of hearings held across the state at which committee members heard from witnesses who lost all of their assets as victims of conservatorships. Read more in The Tennessean or download a copy of the TBA’s recommended changes.
Public hearings on conservatorship law continue this week, with sessions planned for Tuesday in Morristown and Wednesday in Chattanooga. The sessions are taking place to help improve practice and procedure in dealing with adults with diminished capacity, including frail elders, persons with developmental disabilities, individuals with physical disabilities, and persons with mental health or addiction issues. The Morristown session will be held tomorrow at the Hamblen County Courthouse, 511 W. Second North St., from 1 to 5 p.m. Eastern time. The Chattanooga session will be Wednesday at the Hamilton County Courthouse, 625 Georgia Ave., also from 1 to 5 p.m. Eastern time.
The Tennessee Bar Association held a second public hearing on how current conservatorship law is working or could be improved. The event was held Oct. 23 in the Historic Courtroom at the University of Memphis Cecil C. Humprheys School of Law. You can now watch video from this event or additional hearings held across the state.
Below are photos of some who offered their thoughts, opinions and experiences with the law. (Photos by Jenny Jones)
On Thursday, retired General Sessions Judge Haywood Barry told a Tennessee Bar Association panel that more monitoring is needed for those involved in conservatorships. Barry was speaking at the first of four scheduled public hearings across the state to provide an opportunity for lawyers, community leaders and citizens to discuss what works with the present conservatorship law and how practice and procedure could be improved. Songwriter Danny Tate and 82-year-old Jewell Tinnon -- both of whom have been in the news for their plights involving unwanted conservatorships -- also spoke to the group. The Tennessean has more
A public hearing to gather information about how current conservatorship law is working or could be improved drew about 70 people to the Tennessee Bar Center today, including more than a dozen who spoke of problems they or their family members have had with conservatorships. The hearing was the first of four scheduled across the state to provide an opportunity for lawyers, community leaders and citizens to discuss what works with the present conservatorship law and how practice and procedure could be improved. The Associated Press provided coverage to the Knoxnews.com and others. See photos from today's hearing or find out more about the upcoming hearings.
A public hearing to gather information about how current conservatorship law is working or could be improved drew about 70 people to the Tennessee Bar Center today (Sept. 20), including more than a dozen who spoke of problems they or their family members have had with conservatorships.
Public hearings across the state are designed to gather information about how current law is working or could be improved
NASHVILLE, Sept. 10, 2012 -- The practice and procedure for protecting adults with diminished capacity, including frail elders, persons with developmental disabilities, individuals with physical disabilities, and persons with mental health or addiction issues, will be the subject of public hearings across the state this fall. The series begins with an event in Nashville Sept. 20.
