Metro Still Liable in Conservatorship Cases

By Walter F. Roche Jr.

A specially appointed judge has formally ruled that Metro government can be held liable for losses in conservatorship cases in which court officials failed to perform their duties, including the monitoring of actions by court appointed conservators.
The two-page ruling was filed this week in Davidson Circuit by Senior Judge Ben H. Cantrell, who was assigned the case after other judges recused themselves.
The ruling means that suits filed in behalf of victims of former Nashville attorney John E. Clemmons can seek recovery of some of their losses from Metro government.
Though Cantrell only formally filed the denial order this week, it stems from a hearing held nearly a year ago.
Cantrell rejected claims by Metro attorneys that the government was immune from the claims under the public duty doctrine and other factors.
Cantrell wrote that lawyers for the victims "adequately allege they were owed special duties... Plaintiffs ultimately suffered a special injury not common to the public at large."
He also rebuffed Metro's claims that court officials were immune from suit because they were performing quasi-judicial functions.
Though the formal ruling was filed this week, Gontarek said the judge had indicated he was going to reject the Metro motions at a Nov. 4, 2014 hearing.
The suits stem from actions by Clemmons, who had been appointed as a conservator and later estate administrator for Nashville area residents. Clemmons pled guilty to charges that he stole more than $1 million from persons he was entrusted to protect.
He is currently serving a 16 year prison sentence.
The suits were filed in behalf of the estate of William C. Link  and Donald E. Griggs. Griggs conservatorship has been taken over by Nashville attorney Paul Gontarek. Patrick Mason, a Memphis attorney, has also been involved in attempts to recover money from Metro.
The suits contend that if Davidson Probate Court officials had been performing their jobs, they would have detected Clemmons' actions and stopped the thefts.
Clemmons has admitted to the theft of $172,506 from Griggs and $771,009 from Link.
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Default Judgments Granted in Conservatorship Cases

By Walter F. Roche Jr.

A Davidson probate judge has issued default judgments against disbarred Nashville attorney John E. Clemmons after the now imprisoned lawyer failed to respond to charges that he stole nearly $1 million from two of his clients.
Paul Gontarek, who was appointed to take over the cases from Clemmons, said that the default judgments were issued by Probate Judge David "Randy" Kennedy following a hearing late last week.
The next step, Gontarek said, will be to determine the actual damages and then try to locate any assets.
He said that will include reviewing the facts involved in the sale of two Goodlettsville properties sold by William C Link. Clemmons, court records show, has admitted to stealing some $771,009 from the Link estate.
A relative of Link's, Elaine Dismang, has raised questions about the two property sales charging that they were sold at less than their full value. She also stated that her research showed Link never actually signed the deeds relinquishing the properties.
Davidson property records show the homes at 4881 Lickton Place and 2405 Crocker Springs Road were sold by Link in April of 2000, some months before he was placed in a conservatorship.
Other records, however, show that  Clemmons, who first served as Link's conservator and then the administrator of his estate, did sell several Link properties after Link's death in early 2003.
The properties, also in Goodlettsville, were all  sold in early 2005 for prices ranging from $20,000 to $134,348.
The second default judgment was issued by Kennedy in the case of Donald E. Griggs. Clemmons has admitted to stealing $172,506.35 from Griggs while serving as Griggs conservator.
In seeking the default judgments Gontarek charged that Clemmons "failed to appear, plead or otherwise defend against the amended complaint."
The petition states that Clemmons "converted assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries."
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Metro Lawyers Abruptly Drop Consolidation Motions

By Walter F. Roche Jr.

Without explanation, Metro government has abruptly dropped attempts to consolidate cases stemming from the theft of some $1 million by a disbarred and currently imprisoned Nashville attorney.
In motions filed this week, Metro lawyers asked to withdraw pending motions to merge two cases now in probate court with separate but related suits in circuit court.
All four cases stem from the admitted theft by John E. Clemmons in probate cases in which he had been charged with safeguarding their funds.
The opposing attorney, Paul Gontarek, had countered charging that the consolidation would only further slow the process of winning some restitution for the victims, the estate of William C. Link and Donald Griggs, who was placed in a conservatorship under Clemmons.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not  even responding to the suits
Gontarek said in his latest motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
With the Metro motions withdrawn, default judgments are likely to be issued against Clemmons and Gontarek has stated he will then seek to find any available assets.
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Saturday, August 15, 2015

Default Judgments Sought In Probate Cases

By Walter F. Roche Jr.

A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashvil

Attorney Says Victims of Jailed Lawyer Have Waited Too Long

By Walter F. Roche Jr

Victims of a jailed and disbarred Nashville attorney have waited long enough for a chance to recoup nearly $1 million stolen from them, according to the lawyer for two of those victims.
In motions filed Monday in Davidson Probate Court, Paul Gontarek charged that an attempt by Metro government to have the cases transferred to another judge would lead to inevitable delays and additional costs.
Citing the "criminal actions" of disbarred lawyer John E. Clemmons, Gontarek wrote, "There is no reason to delay the process further."
The filings in the cases of the estate of William Link and the conservatorship of Donald Griggs come nearly two years after Clemmons was sentenced to an 18-year jail term after pleading guilty to charges he stole from the very clients - including Link and Griggs -he had been appointed to protect.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not responding to the theft charges.
Metro lawyers, however, countered with a motion to have the cases transferred to a senior circuit judge who is hearing separate cases Gontarek had filed against Metro government itself. In those cases he charged that had Metro officials done their jobs of overseeing the two cases, the thefts could never have occurred.
In the motions filed this week Gontarek argued  that sending the probate cases to another judge, Senior Judge Ben Cantrell, in another court, Davidson Circuit, would lead to delays because the other judge would have to familiarize himself with the cases.
Instead, Gontarek urged the court to go ahead and act on his pending motions to have Clemmons declared in default and then assess damages.
"The sooner a damages hearing can be held, the sooner Mr. Gontarek can begin to identify possible assets owned by Mr. Clemmons."
Gontarek said in his motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
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Default Judgments Sought In Probate Cases

By Walter F. Roche Jr.

A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashville lawyer who is serving a lengthy prison sentence.
Motions filed Friday in Davidson Probate Court charge that Clemmons misappropriated nearly $1 million in two cases.
The motions filed by Paul A. Gontarek also seek the imposition of punitive damages.
Gontarek was appointed to takeover the two cases after Clemmons entered guilty pleas to charges that he stole money from several persons while serving as a conservator.
Clemmons was sentenced to a total of 18 years in prison and is now serving out that sentence at a state correctional facility in Clifton, Tenn.
According to court filings, Clemmons admitted to stealing $771,000 from the estate of William Link and $172,506 from Donald Griggs. Clemmons had been appointed as a conservator for Griggs.
The Gontarek motion in the Link case charges that Clemmons engaged in "egregious misconduct" when he "converted the estate assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries of the estate."
In the Griggs case Gontarek noted that Clemmons, despite being served with the complaint "failed to appear, plead or otherwise defend against the complaint."
In addition to the Link and Griggs' cases, Clemmons entered guilty pleas in two other cases, one in Davidson County and the other in Rutherford.
A hearing on the motions has been scheduled for Aug. 28 at 10 a.m. before Probate Judge David "Randy" Kennedy.
Gontarek is also seeking to recover money from Metro government, charging that had court officials properly monitored the cases, Clemmons would not have been able to extract the money. Metro recently asked the court to consolidate some of those cases.
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Metro Seeks To Merge Suits Over $1 Million In Thefts

By Walter F. Roche Jr.

Metro government is seeking to merge suits filed in the aftermath of the theft of some $1 million from two local residents whose finances had been entrusted to a court appointed attorney.
In motions filed this week in Nashville Probate Court, Metro attorneys have asked that four pending suits be merged into two.
All four suits came in the aftermath of disbarred Nashville attorney John Clemmons' guilty pleas to charges that he stole over $1 million from wards whose finances had been entrusted to him in Davidson Probate Court.
Two of the suits are focused on the estate of William C. Link, from who Clemmons has admitted stealing some $771,000. One suit was filed directly against Clemmons while the second names Metro as the defendant.
That second suit charges that the thefts could never have happened if Davidson Probate Court officials had performed their duties in overseeing Clemmons' action.
Parallel suits have been filed for Donald Griggs. Clemmons has admitted stealing $172,506 from Griggs while serving as his conservator.
In the Wednesday filings, Metro lawyers have argued that merging the two Link cases into one would conserve time and effort.
"Instead of digging into these issues twice in two different courts, this entire litigation can proceed simultaneously," the motion states.
Metro attorneys said in their motions that all four suits raise the same basic question: who must pay the damages.
Paul Gontarek, who filed the original suits, said that he is still reviewing the filings and has not yet decided on a response.
In both sets of cases, records show, recovery directly against Clemmons is regarded as doubtful. Clemmons is serving a lengthy prison sentence of up to 18 years as a result of his guilty pleas in four different cases.
Under Metro's motions, the merged suits would be heard by Senior Judge Ben Cantrell. Davidson judges previously recused themselves from the cases.
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Homeless Man Moved From Hospital to Group Home

By Walter F. Roche Jr.

A 63-year-old Nashville man,  who has been homeless for two decades, has been transferred from Vanderbilt University Hospital to a group home under the provisions of a new state law governing conservatorships.
Court records show Ronald Carter, who had been a patient at Vanderbilt for over a month, was sent to a group home by a court appointed fiduciary following a recent hearing.
The court was acting on a petition filed by Vanderbilt seeking to have Carter discharged over his objections.
Probate Judge David "Randy" Kennedy also issued an order in mid-July appointing Carter's brother and sister as co-conservators.
The relatives were located, according to court filings, by Anthony Burns, who had been appointed by Kennedy to serve as Carter's healthcare fiduciary. Vanderbilt had stated in its filing that Carter's relatives could not be located.
The petition is one of several to be filed by local hospitals following the passage of a new conservatorship law in 2013. A last minute addition to that law carved out a special process for hospital administrators to seek the discharge of patients that they believed no longer needed hospitalization but lacked the capacity to make such a decision.
Records show most of the patients who have become subjects of the petitions are homeless.
Though the law only provides for a temporary conservatorship in such cases, Carter was eventually placed in a permanent conservatorship because of his condition.
Court records show Carter was admitted to Vanderbilt on April 26 for treatment of pneumonia. It was his fourth admission in the prior year.
In its original petition Vanderbilt attorneys said Carter was in need of a temporary conservator because his cognitive functions were "severely impaired."
In addition to Burns, Kennedy appointed April Jackson to act as an advocate for Carter.
Both Jackson and Burns have submitted bills for their services which, according to a ruling by Kennedy, will be charged to Vanderbilt. Burns submitted a bill for $3,075, while Jackson sought $2,045. Both charged $150 an hour.
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