By Walter F. Roche Jr.
Almost without notice a new office has gone into operation in Davidson County to oversee the handling of hundreds of persons placed in conservatorships because they have been judged incapable of handling some or all of their physical and financial needs.
The new Office of Conservatorship Management was created last year in the wake of a series of critical reports on the handling of such cases with problems ranging from questionable billing practices to outright larceny.
Metro's longtime public guardian, Jeanan Stuart, stepped down from the job in 2013 on the same day Probate Judge David "Randy" Kennedy announced he would not assign her any new cases because of questions about her billing practices. He also removed her from the cases she was then handling.
John Clemmons, a now disbarred Nashville attorney, is now serving a lengthy jail sentence after pleading guilty in 2013 to the theft of more than $1 million from conservatorship and estate cases he had been assigned to oversee.
The creation of the new agency was recommended by a task force appointed by Kennedy. Mayor Karl Dean subsequently included funding for the new office in his budget for the current fiscal year, which was approved by Metro Council.
The new office is headed by Rachelle Gallimore-Scruggs, a former Metro attorney. Her salary was set at $75,000 a year, according to court administrator Tim Townsend.
Townsend said in an email that the purpose of the new office is to review and monitor "the care and management provided by guardians and conservators."
Under Tennessee law conservators are appointed to care for adults, while guardians are named for minors.
Townsend said the new agency will work with existing Metro departments including Metro Social Services which will send workers out on home visits to those under conservatorship or guardianship. Financial reviews will be performed on the handling of the wards' estates, he added.
The new office comes into operation following the passage of a new state law recommended by a Tennessee Bar Association task force which held hearings across the state
The new law clarified the roles of lawyers assigned by the court to determine whether a conservatorship was justified. It also set new deadlines and standards for the granting of conservatorships on an emergency basis.
Townsend said that Stuart's post as public guardian was never filled. Instead a combination of willing attorneys and nonprofit agencies are filling the role.
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Tuesday, January 13, 2015
Saturday, January 10, 2015
Suit Against Former Public Guardian Ends
By Walter F. Roche Jr.
Shortly after yet another favorable ruling in her long legal battle, Ginger Franklin has voluntarily dismissed her suit against Jeanan Stuart, the former public guardian for Davidson County.
In a one-page filing this week, Franklin's attorney, Michael G. Hoskins, gave notice that the suit was being dismissed "with prejudice."
When asked whether there was a settlement in the case, Hoskins replied, "No comment."
"This dismissal operates as an ajudication of this lawsuit upon the merits," the filing states.
Franklin did not respond to an email seeking her comment.
The attorney for Metro Nashville, which had also been named as a defendant in the case, said the parties already had agreed to dismiss claims against the government prior to the overall dismissal.
"I do not know whether there was a settlement," Jeff Campbell wrote in an email response to questions.
"I can say that Metro did not settle this case and is not contributing to one."
He did say that lawyers for the other parties, Stuart and Franklin, recently "indicated the suit would be dismissed soon."
"As is their right, they declined to tell me whether there was a settlement or its terms," Campbell concluded.
Emails to Stuart's lawyer, William B. Hubbard, drew no response.
The dismissal follows closely a ruling favorable to Franklin by Circuit Court Judge Hamilton Gayden, who turned back attempts by Stuart's attorney to have Metro government found liable, since Stuart had been appointed to her post by a vote of Metro Council.
The dismissal ends a legal battle that dates back to 2008 when Franklin was placed in a conservatorship without her knowledge after suffering a serious fall.
She has charged that she lost her home and all her belongings while Stuart had complete legal control of her finances and health care.
In the suit that has now ended, Franklin had charged that Stuart violated her fiduciary duties when, among other things, she allowed Franklin's car to be towed and auctioned off after it was abandoned in a parking garage.
Franklin also filed a separate suit in Sumner County against the group home where Stuart had placed her. That suit ended with a favorable ruling for Franklin.
Stuart stepped down from her post in 2013 on the same day that Probate Judge David "Randy" Kennedy announced he would no longer appoint her to any cases because of questions raised about her billing practices.
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Shortly after yet another favorable ruling in her long legal battle, Ginger Franklin has voluntarily dismissed her suit against Jeanan Stuart, the former public guardian for Davidson County.
In a one-page filing this week, Franklin's attorney, Michael G. Hoskins, gave notice that the suit was being dismissed "with prejudice."
When asked whether there was a settlement in the case, Hoskins replied, "No comment."
"This dismissal operates as an ajudication of this lawsuit upon the merits," the filing states.
Franklin did not respond to an email seeking her comment.
The attorney for Metro Nashville, which had also been named as a defendant in the case, said the parties already had agreed to dismiss claims against the government prior to the overall dismissal.
"I do not know whether there was a settlement," Jeff Campbell wrote in an email response to questions.
"I can say that Metro did not settle this case and is not contributing to one."
He did say that lawyers for the other parties, Stuart and Franklin, recently "indicated the suit would be dismissed soon."
"As is their right, they declined to tell me whether there was a settlement or its terms," Campbell concluded.
Emails to Stuart's lawyer, William B. Hubbard, drew no response.
The dismissal follows closely a ruling favorable to Franklin by Circuit Court Judge Hamilton Gayden, who turned back attempts by Stuart's attorney to have Metro government found liable, since Stuart had been appointed to her post by a vote of Metro Council.
The dismissal ends a legal battle that dates back to 2008 when Franklin was placed in a conservatorship without her knowledge after suffering a serious fall.
She has charged that she lost her home and all her belongings while Stuart had complete legal control of her finances and health care.
In the suit that has now ended, Franklin had charged that Stuart violated her fiduciary duties when, among other things, she allowed Franklin's car to be towed and auctioned off after it was abandoned in a parking garage.
Franklin also filed a separate suit in Sumner County against the group home where Stuart had placed her. That suit ended with a favorable ruling for Franklin.
Stuart stepped down from her post in 2013 on the same day that Probate Judge David "Randy" Kennedy announced he would no longer appoint her to any cases because of questions raised about her billing practices.
wfrochejr999@gmail.com
Tuesday, January 6, 2015
TN Facility for Disabled to Close
By Walter F. Roche Jr
A state run facility for those with developmental and intellectual disabilities will close its doors next year under a plan to be submitted for federal court approval later this month.
The plan, which would move some 96 residents to other facilities, would permanently close the Greene Valley Developmental Center in Greeneville, one of the last such facilities in the state.
Cara Kumari, spokeswoman for the state Department of Intellectual and Developmental Disabilities said that the closure plans had been worked out in lengthy negotiations with the plaintiffs in a federal lawsuit dating back more than a decade.
She said that the current residents will have the option of moving to newer and smaller facilities or to receive care in their family homes. The proposed closure date is June 30, 2016.
She said that transition plans for individual residents will be reviewed by a quality monitoring panel and the residents will continue to be monitored after relocation.
She stressed that the plan will not become binding unless it is approved by a federal judge.
"The goal is always to ensure people are being transitioned in the safest manner possible," Kumari wrote in an email response to questions, adding that the monitoring program will "ensure that people's needs are being met within their new homes.
The state is also moving to close the Clover Bottom Developmental Center in Nashville.
Kumari said that if the plan is approved the only remaining such facility will be the 12 bed Harold Jordan Center in Nashville.
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A state run facility for those with developmental and intellectual disabilities will close its doors next year under a plan to be submitted for federal court approval later this month.
The plan, which would move some 96 residents to other facilities, would permanently close the Greene Valley Developmental Center in Greeneville, one of the last such facilities in the state.
Cara Kumari, spokeswoman for the state Department of Intellectual and Developmental Disabilities said that the closure plans had been worked out in lengthy negotiations with the plaintiffs in a federal lawsuit dating back more than a decade.
She said that the current residents will have the option of moving to newer and smaller facilities or to receive care in their family homes. The proposed closure date is June 30, 2016.
She said that transition plans for individual residents will be reviewed by a quality monitoring panel and the residents will continue to be monitored after relocation.
She stressed that the plan will not become binding unless it is approved by a federal judge.
"The goal is always to ensure people are being transitioned in the safest manner possible," Kumari wrote in an email response to questions, adding that the monitoring program will "ensure that people's needs are being met within their new homes.
The state is also moving to close the Clover Bottom Developmental Center in Nashville.
Kumari said that if the plan is approved the only remaining such facility will be the 12 bed Harold Jordan Center in Nashville.
wfrochejr999@gmail.com
Friday, December 26, 2014
Judge Rules Former Public Guardian Must Stand Trial
By Walter F. Roche Jr.
A clearly frustrated Davidson circuit court judge has ruled that former Public Guardian Jeanan Stuart must stand trial on charges in a civil suit that she engaged in willful misconduct in her role as the court appointed conservator for a Hendersonville woman.
"This is going on and on and on," Gayden said in a recent hearing. "Let's get this case going."
The ruling came in a longstanding suit filed by Ginger Franklin who was placed in a conservatorship in 2008 without her knowledge following a fall.
Franklin has charged that after her appointment Stuart engaged in "willful and malicious conduct" in her case by failing to act on her request to have the conservatorship ended.
During the same Dec. 12 hearing Gayden also ruled that Metro government could not be held liable for Stuart's actions. Stuart's lawyers had argued that Stuart was a Metro employee and thus was protected from claims under provisions of the Governmental Tort Liability Act.
"She was acting within the scope of her duties as an employee," said William Hubbard, Stuart's lawyer, according to a transcript of the session.
But Michael Hoskins, Franklin's attorney, disagreed.
"It's clear that the legislature never intended to give some special immunity to the public guardian," he said, adding that previously Stuart had claimed immunity as a state employee.
Gayden later agreed with Hoskin's that even if the liability act did apply, the charges of willful and intentional misconduct would not be protected.
Hoskins and Metro attorney Jeff Campbell also noted that Stuart made her claim against Metro long after the statute of limitations had passed.
Gayden also granted Stuart's lawyer's motion to file an appeal of his rulings in the case.
Stuart stepped down as public guardian last year on the same day Probate Judge David "Randy" Kennedy stated that he would no longer appoint her to any cases because of questionable billing practices. Her job has remained vacant ever since.
wfrochejr999@gmail.com
A clearly frustrated Davidson circuit court judge has ruled that former Public Guardian Jeanan Stuart must stand trial on charges in a civil suit that she engaged in willful misconduct in her role as the court appointed conservator for a Hendersonville woman.
"This is going on and on and on," Gayden said in a recent hearing. "Let's get this case going."
The ruling came in a longstanding suit filed by Ginger Franklin who was placed in a conservatorship in 2008 without her knowledge following a fall.
Franklin has charged that after her appointment Stuart engaged in "willful and malicious conduct" in her case by failing to act on her request to have the conservatorship ended.
During the same Dec. 12 hearing Gayden also ruled that Metro government could not be held liable for Stuart's actions. Stuart's lawyers had argued that Stuart was a Metro employee and thus was protected from claims under provisions of the Governmental Tort Liability Act.
"She was acting within the scope of her duties as an employee," said William Hubbard, Stuart's lawyer, according to a transcript of the session.
But Michael Hoskins, Franklin's attorney, disagreed.
"It's clear that the legislature never intended to give some special immunity to the public guardian," he said, adding that previously Stuart had claimed immunity as a state employee.
Gayden later agreed with Hoskin's that even if the liability act did apply, the charges of willful and intentional misconduct would not be protected.
Hoskins and Metro attorney Jeff Campbell also noted that Stuart made her claim against Metro long after the statute of limitations had passed.
Gayden also granted Stuart's lawyer's motion to file an appeal of his rulings in the case.
Stuart stepped down as public guardian last year on the same day Probate Judge David "Randy" Kennedy stated that he would no longer appoint her to any cases because of questionable billing practices. Her job has remained vacant ever since.
wfrochejr999@gmail.com
Wednesday, December 10, 2014
Metro Denies Liability in Probate Cases
By Walter F. Roche Jr.
Metro Nashville government says it should not be held liable for losses in two probate court cases in which $688,413.54 was stolen by a now jailed court appointed attorney.
In papers filed this week in Circuit Court, Metro attorneys denied that any employees had been negligent in monitoring the two cases. They also invoked a state statute, the Tenneessee Governmental Liability law, which they contend shields the government from such claims.
The nearly identical immunity claims came in two separate cases in which Davidson Probate officials are being blamed for the losses.
The suits charge that due to the lack of monitoring by the court, John Clemmons was able to steal $515,907.19 from the estate of William C. Link and $172,506.35 from the conservatorship of Donald E. Griggs.
The suits charge that court officials were negligent in not demanding that Clemmons' file required annual accountings in the two cases. Had they done so, the suits contend, Clemmons' actions would have been detected years earlier.
The suits were filed by Paul Gontarek, the attorney appointed by Probate Judge David "Randy" Kennedy to replace Clemmons.
Clemmons already is serving a prison term of up to 18-years after he pleaded guilty to stealing $771,009 in four separate cases, including Griggs and Link. He also entered guilty pleas in a similar case in Rutherford County.
"Metro government denies that any of its employees were negligent," Metro lawyers wrote in a five-page answer filed this week.
And, the answer continues, Metro's liability should be reduced "by the amount of fault attributable to other parties."
It cites Clemmons and other attornies involved in the cases as liable parties.
wfrochejr999@gmail.com
Metro Nashville government says it should not be held liable for losses in two probate court cases in which $688,413.54 was stolen by a now jailed court appointed attorney.
In papers filed this week in Circuit Court, Metro attorneys denied that any employees had been negligent in monitoring the two cases. They also invoked a state statute, the Tenneessee Governmental Liability law, which they contend shields the government from such claims.
The nearly identical immunity claims came in two separate cases in which Davidson Probate officials are being blamed for the losses.
The suits charge that due to the lack of monitoring by the court, John Clemmons was able to steal $515,907.19 from the estate of William C. Link and $172,506.35 from the conservatorship of Donald E. Griggs.
The suits charge that court officials were negligent in not demanding that Clemmons' file required annual accountings in the two cases. Had they done so, the suits contend, Clemmons' actions would have been detected years earlier.
The suits were filed by Paul Gontarek, the attorney appointed by Probate Judge David "Randy" Kennedy to replace Clemmons.
Clemmons already is serving a prison term of up to 18-years after he pleaded guilty to stealing $771,009 in four separate cases, including Griggs and Link. He also entered guilty pleas in a similar case in Rutherford County.
"Metro government denies that any of its employees were negligent," Metro lawyers wrote in a five-page answer filed this week.
And, the answer continues, Metro's liability should be reduced "by the amount of fault attributable to other parties."
It cites Clemmons and other attornies involved in the cases as liable parties.
wfrochejr999@gmail.com
Saturday, December 6, 2014
Former Public Guardian, Metro in Court Faceoff
By Walter F. Roche Jr
Davidson's former Public Guardian, Jeanan Stuart, and lawyers for Metro are battling each other in a suit brought by a woman who was placed in a conservatorship without her knowledge while recovering from serious head injuries.
In the suit now pending in Davidson Circuit Court Ginger Franklin of Hendersonville has charged that Stuart violated her fiduciary duties by placing her in a group home that didn't suit her needs and then ignoring her pleas to end the conservatorship.
Stuart's lawyers contend their client was acting as a Metro employee and should be protected from any liability under a state law, the Tennessee Governmental Tort Liability Act, limiting the claims that can be filed against a government agency or individual employees.
"She was elected by Metro Council," a recent filing states, adding that she also was issued a Metro employee ID badge and Metro provided her with bond coverage.
Stuart resigned from her post last year simultaneous with an announcement by Probate Judge David "Randy" Kennedy that he would no longer appoint her in any conservatorship cases.
In the Franklin case, Stuart's lawyers filed papers naming Metro government as a third party defendant. Metro countered charging that the statute of limitations had run out by the time the claim was made and that Stuart's alleged actions fell outside of those that can be protected under governmental immunity.
"Contrary to Metro's assertions the complaint alleges breaches of fiduciary duty for which Metro would be liable," a recent filing by Robyn E. Smith, Stuart's lawyer, states, adding that Stuart should be immune.
"Metro government also gratuitously asserts that the complaint alleges only intentional torts for which it would not be liable," the filing adds.
In its latest filing Metro lawyers state that while they still want the case dismissed, if it does continue that "discovery be limited to ascertaining the employment status of Ms. Stuart."
Citing a prior ruling in the case by Judge Hamilton Gayden, Metro lawyer Jeff Campbell stated in a filing that the court's original decision to deny proceeding under Governmental Tort Liability Act was "correct."
In another filing seeking dismissal of the claims against Metro, government lawyers argued that "absent an allegation of direct negligence on the part of a supervisor of Ms. Stuart, the government maintains its immunity for intentional torts."
Franklin's lawyer, Michael G. Hoskins, in response to Stuart's move to invoke the governmental immunity statute wrote, "The Metro government did not have any authority to direct or supervise defendants actions as conservator."
wfrochejr999@gmail.com
Davidson's former Public Guardian, Jeanan Stuart, and lawyers for Metro are battling each other in a suit brought by a woman who was placed in a conservatorship without her knowledge while recovering from serious head injuries.
In the suit now pending in Davidson Circuit Court Ginger Franklin of Hendersonville has charged that Stuart violated her fiduciary duties by placing her in a group home that didn't suit her needs and then ignoring her pleas to end the conservatorship.
Stuart's lawyers contend their client was acting as a Metro employee and should be protected from any liability under a state law, the Tennessee Governmental Tort Liability Act, limiting the claims that can be filed against a government agency or individual employees.
"She was elected by Metro Council," a recent filing states, adding that she also was issued a Metro employee ID badge and Metro provided her with bond coverage.
Stuart resigned from her post last year simultaneous with an announcement by Probate Judge David "Randy" Kennedy that he would no longer appoint her in any conservatorship cases.
In the Franklin case, Stuart's lawyers filed papers naming Metro government as a third party defendant. Metro countered charging that the statute of limitations had run out by the time the claim was made and that Stuart's alleged actions fell outside of those that can be protected under governmental immunity.
"Contrary to Metro's assertions the complaint alleges breaches of fiduciary duty for which Metro would be liable," a recent filing by Robyn E. Smith, Stuart's lawyer, states, adding that Stuart should be immune.
"Metro government also gratuitously asserts that the complaint alleges only intentional torts for which it would not be liable," the filing adds.
In its latest filing Metro lawyers state that while they still want the case dismissed, if it does continue that "discovery be limited to ascertaining the employment status of Ms. Stuart."
Citing a prior ruling in the case by Judge Hamilton Gayden, Metro lawyer Jeff Campbell stated in a filing that the court's original decision to deny proceeding under Governmental Tort Liability Act was "correct."
In another filing seeking dismissal of the claims against Metro, government lawyers argued that "absent an allegation of direct negligence on the part of a supervisor of Ms. Stuart, the government maintains its immunity for intentional torts."
Franklin's lawyer, Michael G. Hoskins, in response to Stuart's move to invoke the governmental immunity statute wrote, "The Metro government did not have any authority to direct or supervise defendants actions as conservator."
wfrochejr999@gmail.com
Wednesday, October 29, 2014
Metro Could Be on Hook for Money Stolen from Estate
By Walter F. Roche Jr.
The attorney for an estate bilked out of $771,009 is asking a judge to rule that Metro government should be held liable for those losses because the probate court clerk's office failed to perform its statutorily mandated duty to monitor the case.
The argument filed this week in a 17-page document filed in circuit court concludes that the Probate Clerk's office headed by Robert Bradshaw negligently failed to require the now jailed administrator of the estate to file annual reports for a full decade.
The suit against Metro government follows the guilty plea by attorney John E. Clemmons to charges that he stole over $1 million from estates and conservatorships he had been assigned to manage. The pleas included the estate of William C. Link, the subject of this week's filings.
Metro attorneys already have filed motions to dismiss the case citing governmental immunity and quasi-judicial immunity.
Patrick B. Mason, who was hired to represent the estate in the civil suit, argued that neither governmental immunity or quasi-judicial immunity should apply in the case because the probate clerk's duties are set out by specific statutes and the duties were put in place to protect a specific individual and not the general public.
Clemmons, who is serving a 16 year jail sentence imposed after his guilty pleas, was appointed administrator of the Link estate in 2003. While he filed an annual accounting in 2004, he never filed another before his removal from the case in 2013.
In a nearly identical brief filed this week, Mason argued that Metro also should also be held liable in another case handled by Clemmons, the conservatorship of Donald E. Griggs.
In his briefs Mason charged that Bradshaw's office "negligently failed to ensure that proper accountings were filed."
In the Griggs case, according to the brief, three years had passed without a proper accounting at the time Clemmons was removed from his role as conservator. Grigg's lost $172,506 while Clemmons served as his conservator, according to court records.
Mason noted that the clerk's office knew the Link and Griggs estates had substantial assets and they also knew "the substantial and unjustifiable risk of their misconduct."
He also cited Davidson County rules of procedure and several prior court cases to bolster the argument.
In fact, the brief argues, the clerk's office owed a special duty of care to the Link estate and its beneficiaries.
"For a period of 10 years the probate clerk's office failed to follow their duty to ensure proper accounting, failed to monitor estate administration, failed to cite Mr. Clemmons for his failure and failed to obtain a contempt order," the filing states.
The inaction, Mason concluded, amount to "reckless conduct."
The cases were originally assigned to Judge Thomas Brothers but he recused himself from the case and it has been reassigned to Senior Judge Ben H. Cantrell.
Clemmons was removed from his role in four cases in Rutherford and Davidson counties shortly after his license to practice law was suspended in April 2013. He was later disbarred.
wfrochejr999@gmail.com
The attorney for an estate bilked out of $771,009 is asking a judge to rule that Metro government should be held liable for those losses because the probate court clerk's office failed to perform its statutorily mandated duty to monitor the case.
The argument filed this week in a 17-page document filed in circuit court concludes that the Probate Clerk's office headed by Robert Bradshaw negligently failed to require the now jailed administrator of the estate to file annual reports for a full decade.
The suit against Metro government follows the guilty plea by attorney John E. Clemmons to charges that he stole over $1 million from estates and conservatorships he had been assigned to manage. The pleas included the estate of William C. Link, the subject of this week's filings.
Metro attorneys already have filed motions to dismiss the case citing governmental immunity and quasi-judicial immunity.
Patrick B. Mason, who was hired to represent the estate in the civil suit, argued that neither governmental immunity or quasi-judicial immunity should apply in the case because the probate clerk's duties are set out by specific statutes and the duties were put in place to protect a specific individual and not the general public.
Clemmons, who is serving a 16 year jail sentence imposed after his guilty pleas, was appointed administrator of the Link estate in 2003. While he filed an annual accounting in 2004, he never filed another before his removal from the case in 2013.
In a nearly identical brief filed this week, Mason argued that Metro also should also be held liable in another case handled by Clemmons, the conservatorship of Donald E. Griggs.
In his briefs Mason charged that Bradshaw's office "negligently failed to ensure that proper accountings were filed."
In the Griggs case, according to the brief, three years had passed without a proper accounting at the time Clemmons was removed from his role as conservator. Grigg's lost $172,506 while Clemmons served as his conservator, according to court records.
Mason noted that the clerk's office knew the Link and Griggs estates had substantial assets and they also knew "the substantial and unjustifiable risk of their misconduct."
He also cited Davidson County rules of procedure and several prior court cases to bolster the argument.
In fact, the brief argues, the clerk's office owed a special duty of care to the Link estate and its beneficiaries.
"For a period of 10 years the probate clerk's office failed to follow their duty to ensure proper accounting, failed to monitor estate administration, failed to cite Mr. Clemmons for his failure and failed to obtain a contempt order," the filing states.
The inaction, Mason concluded, amount to "reckless conduct."
The cases were originally assigned to Judge Thomas Brothers but he recused himself from the case and it has been reassigned to Senior Judge Ben H. Cantrell.
Clemmons was removed from his role in four cases in Rutherford and Davidson counties shortly after his license to practice law was suspended in April 2013. He was later disbarred.
wfrochejr999@gmail.com
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