Should Judge George W. Greer be Impeached?

by NewLight2 12 Replies latest social current

• 

  NewLight2

  Impeach Judge George W. Greer of Florida's Sixth Judicial Circuit
  http://www.petitiononline.com/ijg520/petition.html
  
  To: Florida House of Representatives
  
  Whereas the Florida Constitution Article III Section 17 provides for
  the impeachment of judges for misdemeanor in office, misdemeanor
  being defined as a misdeed or offense less than a felony.
  
  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 Schiavo?s 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 Terri?s
  guardian even though he should be removed as Terri?s 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 Terri?s
  guardian even though he should be removed as Terri?s 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 Terri?s
  guardian even though he should be removed as Terri?s guardian
  pursuant to Florida Statute 744.474(7) for wasting, embezzlement, or
  other mismanagement of the ward's property, one example is
  Michael?s statement on national television that he had Terri?s wedding
  rings melted down and made into jewelry for himself.
  
  4. Judge Greer has allowed Michael Schiavo to remain as Terri?s
  guardian even though he should be removed as Terri?s 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 Terri?s
  guardian even though he should be removed as Terri?s 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 Terri?s
  guardian even though he should be removed as Terri?s 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 Terri?s
  guardian even though he should be removed as Terri?s guardian
  pursuant to Florida Statute 744.474(16) for improperly managing the
  ward?s assets by using Terri?s 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 Terri?s life.
  
  8. Judge Greer has allowed Michael Schiavo to remain as Terri?s
  guardian even though he should be removed as Terri?s guardian
  pursuant to Florida Statute 744.474(17) because there has been a
  significant change in Terri?s assets due to the actions of her guardian.
  Terri?s 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 Michael?s legal
  spouse.
  
  9. Judge Greer has allowed Michael Schiavo to remain as Terri?s
  guardian even though he should be removed as Terri?s guardian
  pursuant to Florida Statute 744.474(18) because Michael?s 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 Terri?s
  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 Greer?s 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 Terri?s blood
  relatives from placing pictures of religious figures in her room.
  
  13. Judge Greer has allowed Terri?s 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 Terri?s 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 Terri?s 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 Terri?s 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 Terri?s 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 Terri?s family advised of her medical condition.
  
  29. Judge Greer has ignored Terri?s 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 Terri?s 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 Cranford?s 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 Statute?s
  definition.
  
  33. Judge Greer has failed to be impartial and has ignored testimony
  and evidence presented by Counsel for Terri?s natural family and has
  consistently ruled in agreement with Counsel for Michael Schiavo.
  
  34. Judge Greer has allowed Michael to continue denying visitation to
  Terri?s 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
  Terri?s 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 Terri?s 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
  ward?s assets; and (4) case administration.? Judge Greer?s flagrant
  oversight of Michael Shiavo?s 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
  fiduciary?s 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 didn?t 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 Greer?s 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.
  
  Terri?s feeding tube can only be removed ?if? she is PVS and Judge
  Greer?s 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.
  
  Sincerely,
• 

  NewLight2

  Here is the link to sign the petition on line:

• http://www.petitiononline.com/ijg520/petition.html