Impeach Judge George W. Greer of Florida's Sixth Judicial Circuit
Florida House of Representatives
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Whereas Judge George W. Greer is a judge in the 6th circuit court of Florida and bound to rule in agreement with Florida Statutes and the Judicial Code of Ethics,
The undersigned are petitioning Florida House Speaker Johnnie Byrd and the Florida House of Representatives to impeach Judge George W. Greer pursuant to the provisions in the Florida Constitution for the following violations of Statutes and Judicial Canons, which prove justification for impeachment.
Judge George W. Greer has caused public confidence in the judiciary to deteriorate due to his rulings regarding Terri Schiavo and thus violated Judicial Canon 1.
Judge George W. Greer has made rulings, which advance the private interests of Michael Schiavo, George Felos, and Senate President Jim King by allowing the statutes, which apply, to persons with terminal illness to order the death of Terri Schiavo by dehydration and starvation at the request of Michael Schiavo and thus is in violation of Judicial Canon 2B.
Judge George W. Greer has not ruled according to law in the case of whether to remove Terri Schiavos tube by which she receives nutrition and hydration. The rulings, which are inconsistent with Florida Statutes and Constitution, are:
1. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(2 ) for failure to discharge his duties as guardian. The statute requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.
2. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(3) for abuse of his powers as evidenced by his denying her any significant sensory stimulation and his efforts to have her life ended.
3. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(7) for wasting, embezzlement, or other mismanagement of the ward's property, one example is Michaels statement on national television that he had Terris wedding rings melted down and made into jewelry for himself.
4. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(11) because of a conflict of interest between the ward and the guardian due to Michael Schiavo living with and fathering children with another woman.
5. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(13) for failure to comply with the guardianship report.
6. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(14) for failure to file annual guardianship reports in a timely manner.
7. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(16) for improperly managing the wards assets by using Terris money which was awarded by a court to be used for her rehabilitation but at the authorization of Judge Greer is being used to pay legal fees in an effort to end Terris life.
8. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(17) because there has been a significant change in Terris assets due to the actions of her guardian. Terris assets have likely increased since her accident and Michael Schiavo is denying Terri the benefit of any assets accrued after the malpractice award which would be equally hers as Michaels legal spouse.
9. Judge Greer has allowed Michael Schiavo to remain as Terris guardian even though he should be removed as Terris guardian pursuant to Florida Statute 744.474(18) because Michaels adulterous relationship (which is a misdemeanor under Florida law) with another woman ought to disqualify Michael as a suitable guardian for Terri as the interest which Michael said (in malpractice trial court proceedings) he had toward Terri is directed to another woman who is not his wife and has two children by said other woman of whom he is the father.
10. Judge Greer has allowed Michael Schiavo to remain as Terris guardian and has aided Michael in abusing, neglecting, and exploiting Terri, a vulnerable adult, by appropriating funds that were awarded for her rehabilitation to pay legal fees, and has aided in exploiting Terri by denying the money to be used for her benefit. Both these infractions were committed with the
knowledge that Terri lacked the capacity to consent and explained in detail in Florida Statute 415.102.
11. Judge Greers rulings to date have deprived Terri Schiavo of her constitutional right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property which are detailed in Section 2 of the Florida Constitution by ordering her life to be ended by denying her hydration and nutrition.
12. Judge Greer has deprived Terri of her constitutional religious rights by allowing Michael Schiavo to prevent Monsignor Malonowski from visiting Terri, by allowing Michael to prevent Monsignor Malinowski from administering last rites when her feeding tube was removed in October 2003, and by allowing Michael to prevent Terris blood relatives from placing pictures of religious figures in her room.
13. Judge Greer has allowed Terris constitutional right to privacy to be violated by Michael Schiavo by not restricting his comments during interviews on national television.
14. Judge Greer has denied Terri the right under 744.3215C(a) To have an annual review of the guardianship report and plan.
15. Judge Greer has denied Terri the right under 744.3215(b) (b) to have continuing review of the need for restriction of her rights.
16. Judge Greer has denied Terri the right to be restored to capacity, FL statute 744.3215C.
17. Judge Greer has denied Terri the right under 744.3215(d) (d) to be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
18. Judge Greer has denied Terri the right under 744.3215(e) to have a qualified guardian.
19. Judge Greer has denied Terri the right under 744.3215(f) to remain as independent as possible, including having her preference as to place and standard of living honored, either as she expressed or demonstrated her preference prior to the determination of his or her incapacity or as she currently expresses her preference, insofar as such request is reasonable.
20. Judge Greer has denied Terri the right under 744.3215 (g) to be properly educated. She is not receiving any rehabilitative therapy.
21. Judge Greer has denied Terri the right under 744.3215 (h) to receive prudent financial management for her property and to be informed how her property is being managed. Michael Schiavo stated on national television that he melted Terris wedding rings down and had them made into jewelry for himself.
22. Judge Greer has denied Terri the right under 744.3215 (i) to receive necessary services and rehabilitation. Judge Greer has allowed Michael to deprive Terri of the same. She did not have a working wheelchair for an extended and unnecessarily long period of time.
23. Judge Greer has denied Terri the right under 744.3215 (k) to have access to the courts. Judge Greer has relied upon the testimony of others related to Michael Schiavo as to Terris condition yet ignored the testimony of her blood relatives which was contradictory to information provided by Michael and his family.
24. Judge Greer has denied Terri the right under 744.3215(l) to counsel.
25. Judge Greer has denied Terri the right under 744.3215(m) to receive visitors and communicate with others.
26. Judge Greer has allowed violation of 744.3215(a) by allowing Terri to be moved to different facilities without prior approval of the court.
27. Judge Greer has allowed violation of 744.3215(b) not requiring Michael to have follow up examinations of electrodes, which were implanted in Terris brain. These implants should have been removed years ago, as they are a source for both infection and hydrocephalus. Hydrocephalus may cause pressure that could suppress cognitive function and be responsible for much of Terris condition. If so, there could be a vast improvement in her condition if a shunt were placed. Hydrocephalus could also cause pressure that would flatten the brain and show fluid filled areas on a brain scan.
28. Judge Greer has allowed Michael to violate a court order stating that he is to keep Terris family advised of her medical condition.
29. Judge Greer has ignored Terris right under 765.102(5)(a) to palliative care which addresses physical, psychological, social, spiritual, and existential needs of patients.
30. Judge Greer has not required Michael Schiavo to implement a plan which would provide for Terris needs under 765.102(5)(a).
31. Judge Greer has allowed Michael Schiavo to neglect Guardianship Education, which is a requirement under Florida law.
32. Judge Greer relied on Dr. Ronald Cranfords definition of PVS (Persistent Vegetative State) instead of the legal definition contained in the Florida Statutes. There were several doctors who gave reports that Terri is not PVS but Greer decided not to use the Florida Statutes definition.
33. Judge Greer has failed to be impartial and has ignored testimony and evidence presented by Counsel for Terris natural family and has consistently ruled in agreement with Counsel for Michael Schiavo.
34. Judge Greer has allowed Michael to continue denying visitation to Terris family even though a police investigation found that they were not responsible for marks found on her arm.
35. Judge Greer in his February 11, 2000 Order, committed malpractice by
misdiagnosing Terri as being an unconscious and unaware person and then ordered the Guardian of the Ward to commit a 1st Degree Felony Crime by removing Terri's feeding tube and denying her constitutional and legal right to be protected and not feloniously victimized by being caused to die.
35. Judge Greer authorized the euthanization of Terri Schiavo by authorizing the removal of her feeding tube when she does not fit the definition of PVS under Florida statutes. Euthanasia is illegal in Florida.
36. Judge Greer has violated the Americans With Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.
37. Judge Greer has violated the ADA Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."
38. Judge Greer has violated FS 38.10 four times by not disqualifying himself from the case when it was requested. The statute states whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.
The rulings and actions listed above are in violation of Judicial Canon 3B(2)
Judge Greer has violated Judicial Canon 3B(4) as seen in a video clip of a court proceeding where Judge Greer was visibly impatient and angry during court proceedings. The video can be viewed at this url. http://real.scripps.com:8480/ramgen/tampalive/news/2003/11/1105schiavo.rm
Judge Greer should be investigating whether any life insurance policies have been purchased or other investments made with funds intended for Terri, which would cause Michael Schiavo to profit from her death.
Judge Greer serves on the Committee for Guardianship Monitoring but is, in fact, violating the intentions and guidelines established by the Committee. Information concerning the Committee for Guardianship Monitoring may be found at this url http://www.flcourts.org/osca/divisions/Guardian/guardianshipmonitoring.pdf
1. Judge Greer has neglected the mission of guardianship monitoring in Terris case.The mission of guardianship monitoring is to collect, provide, and evaluate information about the well-being and property of all persons adjudicated of having a legal incapacity so that the court can fulfill its legal obligation to protect and preserve the interests of the ward, and thereby promote confidence in the judicial process.
2. Page 5 of the document contains Thus, the court must be proactive to discover and respond to disputes and issues. Judge Greer has intentionally ignored disputed issues in Terris case and not made any ruling to correct them.
3. On page 6 of the document is this statement An ideal guardianship monitoring program encompasses four major service areas: (1) initial and on-going screening and reviewing of guardians; (2) reporting on the well-being of the ward; (3) reporting on the protection of the wards assets; and (4) case administration. Judge Greers flagrant oversight of Michael Shiavos violations of the statutes pertaining to guardians is certainly no example for any monitoring program.
4. It is unclear whether Judge Greer has required Michael Schiavo to meet all the requirements of a guardian (listed on page 6 of the document). A family member guardian is required to hire an attorney, provide detailed personal information, undergo a credit check, post a fiduciarys bond, attend an 8-hour training course, and file detailed initial and annual personal and financial reports.
5. Pinellas County employees a full time monitoring staff, which reviews cases to make sure guardianship plans are being filed and followed. It would not have been possible for them to give approval of the plan for Terri since the guardianship plans have not been an important issue with Judge Greer evidenced by his granting Michael extensions to file the plan. Judge Greer is deliberately undermining the guardianship monitoring program which was established to make sure that all wards receive the protection they are entitled to by the law.
6. Judge Greer did not adhere to the monitoring guidelines which state that in cases where it appears there is substantial likelihood for serious irreparable harm (similar to the injunctive relief standard), immediate action steps by the court should include but not be limited to: Filing an abuse, neglect, or exploitation complaint with the Department of Children and Families, as required by statute, referral to local law enforcement agencies or the state attorney and, conducting immediate hearings among several other possible actions. Terri is at risk of irreparable harm as long as Michael is her guardian. He didnt want to treat her for an infection, has not had preventive health care examinations for her and stated on national television that he would do whatever it takes to have her feeding tube removed. Michael also stated during the same interview that Terri's teeth were fine but recently she is missing several teeth.
Judge Greers rulings ought to be thrown out due to all these violations and the Supreme Court ruling on May 18, 2004 that states may be liable for money damages for denying disabled persons access to the court.
Terris feeding tube can only be removed if she is PVS and Judge Greers ruling is based on a definition not contained in the Florida Statutes. This is an outrageous liberty which Judge Greer has taken and combined with the other violations of statutes there is no question that he should be removed from his duties immediately.
We urge Florida Speaker of the House Johnnie Byrd and the Florida House of Representatives to begin immediate impeachment proceedings against Judge George W. Greer of the Sixth Judicial Circuit of Florida for the violations contained in this petition.