Spectrum Institute

Texas: 5th circuit appeal for injunctive relief follows allegations of ADA violations by Texas courts

June 12, 2018 // 0 Comments

From the SE Texas Record By David Yates | Jun 11, 2018 SAN ANTONIO – The Manhattan resident who sued her San Antonio-based mother Mauricette Fairley for fraudulently and unconstitutionally guardianizing her blind military veteran father James Fairley has filed a notice of voluntary dismissal without Prejudice with the federal Western District Court of Texas. The pleading was filed last week and states that plaintiff Juliette Fairley’s “voluntary dismissal against Defendant Mauricette [- more...]

US (Federal) Southern District Chief Justice Lee H. Rosenthal

Texas: Houston federal judge allows state judge to be sued in guardianship negligence case

May 16, 2018 // 0 Comments

By David Yates | May 16, 2018, 1:34pm HOUSTON – Southern District Chief Justice Lee H. Rosenthal recently issued a landmark ruling allowing a wrongful death lawsuit against a Houston probate judge to proceed in an adult guardianship claim. Sherry Johnston sued Harris County Probate Judge Christine Butts in 2016, alleging that her elderly mother Willie Jo Mills suffered broken bones and a rapid, preventable decline, which contributed to malnutrition and death when Mills was a ward of the [- more...]

Texas guardianship lawyer turned Bexar County Probate Judge, Kelly Cross

Federal suit follows Texas Judicial Council Admission of non-compliance by guardians of senior citizens

April 25, 2018 // 0 Comments

SAN ANTONIO – A Manhattan woman who worked as an actress in an NBC TV pilot directed by Spike Lee and a Macy’s commercial last year has filed a breach of fiduciary duty lawsuit against her San Antonio-based mother over the alleged abuse of and isolation from her legally blind father who is a 22 year veteran of the U.S. Air Force and currently guardianized under a Bexar County court order. According to the lawsuit, filed by plaintiff Juliette Fairley in the Western District federal [- more...]

Texas Judicial Council Executive Director David Slayton

Texas Judicial Council admits widespread (43%) non-compliance by guardians

April 23, 2018 // 0 Comments

AUSTIN – The Texas Judicial Council recently announced to the House of Representatives last week in Washington, D.C. that 43 percent of adult guardianship cases in the state of Texas are out of compliance with reporting requirements. Adult guardianship cases include the elderly and people with disabilities who have become “wards” of the state. Their assets make up some $4 to $5 billion that pass through county probate courts in Texas, according to TJC data. There are not only breaches [- more...]

Texas: New study says rights of Texans being violated, SC allowing guardianship system to violate ADA

April 10, 2018 // 0 Comments

AUSTIN – A new study by the Spectrum Institute has determined that the Supreme Court of Texas is allowing the adult guardianship system throughout the to operate in violation of the mandates of the ADA and Section 504. In response, the Spectrum Institute filed a class action complaint with the Supreme Court of Texas on April 9, 2018. “Our complaint calls the attention of the judiciary to documented deficiencies in the guardianship system — deficiencies that place respondents at [- more...]