Michael Challenges Terri's Law, Wants Guardian Appointment Delayed

LifeNews.com ^ | October 30, 2003 | Steven Ertelt

[nickcarraway]

ping

[Republic]

Does anyone have Chief Circuit Judge Demers email address? We need to write, and write quickly! thank you for posting this nick.

[Republic]

FYI!

[Dante3]

Let's keep e-mailing polite and informative letters. If we all keep writing it will make a difference.

[Saundra Duffy]

This is sacrier than any "Halloween" movie ever made.

[GeekDejure]

On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.

In other words . . . delay appointing a non-biased guardian until Terri's life has been snuffed out by Mikey's continued torture (and probably final smothering) of this defenseless woman !!!

.

[shhrubbery!]

"It argues that her constitutional right to refuse medical treatment was, in essence, cast aside by a statute that allows the governor to do that under any whim and without any standards and without any review," said Felos.

There are at least two lies in that assertion.

[Lynne]

Is there anything in the myriad of threads on Terri that tells us how she is doing since the food and water was restarted? Anyone know?

[longtermmemmory]

an attorney ad litem can not be denied access except by order of the judge.

BTW the talking point for the ACLU is seperation of powers. They do not like legislature interfearing with thier court rulings. Never mind the FACT that judges routinly tell those who appear before them to "write to the legislature if you don't like the law."

The appointment of a guardian adds to the protection of the courts. It is hard to imagine they would deny it. This is ESPECIALLY true in hot cases like this. In fact Mr. Michael is making a PR mistake opposing this. If anything he would have more access to the guardian lawyer than anyone else.

[pollywog]

Thanks for this article.

[pollywog]

Thanks for this article.

[Ciexyz]

This is why I monetarily support the ACLJ, Jay Sekulow's organization, to fight the ACLU and their culture of death.

[longtermmemmory]

there is a daily thread.

[lonevoice]

"We will be responding in court," said Bush spokesman Jacob DiPietre. A hearing date has not been set.

The legal battle is likely to head to the Florida Supreme Court, which earlier refused to hear the lawsuit filed by Terri's parents.

On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.

It could be a long time until this suit has been completed and all the appeals run out! In the meantime, Terri needs a guardian. Demers seems like the appropriate person to email and call about this.

[ruoflaw]

with all due honesty, I would advise against contacting the judge...this case is in motion with hearings and no one is to bias the judge. We would do better by keeping this case in the news and to help educate the public. I am a former police dispatcher and a former victims advocate and the judge is to hear the case in the court only. If he turns on the news and hears of the case constantly...he will know that Americans are watching intently but we will not have tried to intervene. If anyone tried to contact a judge here...they would be in serious trouble and I don't want anyone to get into trouble. I want to see Michael Schiavo lose this case so Terri can live.

[yhwhsman]

This is why I monetarily support the ACLJ

Is this the right organization? I've never heard of them before. Their top story is about supporting Terri.

[longtermmemmory]

If you have something of significance to add, you could file a seperate petition to adress the court. (like an amicus brief of the appeals courts) You would need an attorney to argue the reason to adresss the court. IF you convince the judge THEN you MIGHT be allowed to speak. In all likelyhood you will not be allowed to be heard.

[lonevoice]

More on the guardian issue here: http://www.sbcbaptistpress.org/bpnews.asp?ID=16965. Excerpt below...

Separate petitions on the issue of who should represent Terri Schiavo in legal proceedings also were filed Oct. 29 by lawyers representing Michael Schiavo and Terri Schiavo's parents, the Schindlers.

Gov. Bush's Oct. 21 executive order called for a "guardian ad litem" to be appointed by the court. Pinellas Circuit Court Judge W. Douglas Baird Oct. 22 said he would appoint Jay Wolfson, both a medical doctor and a lawyer, and professor of health and law at Stetson University, to the role if an agreement could not be worked out between Michael Schiavo and the Schindlers. Wolfson also is affiliated with the College of Public Health at Florida State University and the College of Medicine at the University of South Florida.

On Oct. 24, Anderson, the Schindlers' attorney, filed a petition on behalf of the parents which questioned Wolfson's fitness for the appointment after he "demonstrated bias" toward Michael Schiavo by appearing on a news show that aired on WFTS, the local ABC affiliate, Oct. 22. Anderson said the Schindlers believe Wolfson expressed opposition to Terri's Law during the interview.

The Oct. 29 petition Anderson filed repeats the Schindlers' objection to Wolfson as guardian ad litem, proposing instead Mary Ann Quartetti, a local professional guardian, or any other guardian "who takes no stand on the advisability of 'Terri's Law,'" is "willing to act as an advocate" and is already known to the court.

Deborah Bushnell, another of Michael Schiavo's attorneys, handling the guardianship matter, asked in the Oct. 29 petition that the court "reconsider" its Oct. 22 order requiring the appointment of a guardian ad litem until such a time as the "constitutionality" of Terri's Law is determined.

The petition filed by Felos warns "each day that the ward receives nutrition and hydration is a violation of, not only her expressed wishes, but her constitutional rights under the laws of the state of Florida and the United States."

The petition filed on behalf of the Schindlers argues, however, that Terri's Law is "presumptively constitutional" and asks that the scope of a guardian ad litem appointed by the court include: the authority to make recommendations ensuring Terri is "treated with all of the dignity and fairness to which she is entitled as a human being"; the authority to investigate whether it is in Terri's best interest to divorce her husband; and determine whether her care during medical crises has been adequate.

In reference to the proposal of investigating whether Terri Schiavo would be best served by a divorce from her current guardian and husband Michael Schiavo, the petition states that "he has abandoned their marital relationship in favor of a long-term adulterous relationship with another woman."

Michael Schiavo had admitted publicly he has a girlfriend whom with he has a child, although he told Larry King on Larry King Live Oct. 27 he has no plans to marry the woman. "I'm fortunate to have two women in my life that I love very much," Schiavo said.

[longtermmemmory]

I would always vote for the practicing attorney. Full time law professors are generally not permitted to have a practice as a condition of the professorship. Some smaller law schools may "bend" that if the professor is important enough.

They need someone who has dealth with 100's of these cases not a few.