Multiple Failures by Metro Clerk Claimed In Probate Cases

By Walter F. Roche Jr.

The Davidson Probate Court Clerk's office failed for over a decade to perform its duty to oversee two cases thus allowing a court appointed lawyer to steal some $1 million, according to filings in two pending court cases.
The charges and counterclaims are the latest development in an attempt by another court appointed attorney to recover from Metro some of the money admittedly stolen by now imprisoned Nashville attorney John E. Clemmons.
In filings this week in behalf of the estate of William C. Link and the conservatorship of Donald E. Griggs, attorney Patrick Mason argued that summary judgment should be granted and Metro government should be required to pay up, the exact amount to be determined at a later date.
The clerk's office, the brief states, was guilty of "multiple failures" to meet their statutory duty to ensure that "timely, complete and proper accountings were filed."
Metro lawyers, meanwhile, filed motions seeking to eliminate or vastly reduce any award by arguing that while there was one error in the processing of one case, multiple failures did not occur.
Metro government "agrees in theory" that it could be held liable for the clerk's failure "but the situation here is not a simple failure," Metro lawyers stated.
 In the Link case, according to the Metro brief, a hold had been placed on the case at Clemmons request and the clerk's office failed to later remove the hold which would have triggered annual action to force Clemmons to file annual acountings.
"Here there was only one bad act," the brief states, "enabling Clemmons to steal from the estate."
Mason, who is representing Paul Gontarek, who in turn was appointed to replace Clemmons, also disputed Metro's earlier argument that the claims should be denied because of a one-year statute of limitations.
He noted that Gontarek was not even appointed until April 10, 2013 and could not have discovered Clemmons' theft prior to that date. The claim was filed on April 1, 2014, less than a year after his appointment.
 In the Griggs case, Mason's brief states that "none of these accountings were properly reviewed for accuracy or completeness," adding that if the clerk's office had done its job the "unauthorized and fraudulent charges would have been discovered."
He cited one document in which a clerk's office official "candidly admits" the failure to properly monitor the cases.
Clemmons, 68, is currently serving an 18-year sentence after admitting to the theft of over $1 million from estates and conservatorships in Davidson and Rutherford counties.
The Griggs and Link  cases are being heard by Senior Judge Ben Cantrell, who has scheduled a June  10 hearing for oral arguments.