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IMPEACH JUDGE GREER-STATUTES VIOLATED BY HIM/MICHAEL SCHIAVO-SIGN P   Message List  
Reply | Forward Message #19 of 79 |

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,

The Undersigned



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





Wed Sep 29, 2004 12:45 am

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To: Florida House of Representatives Whereas the Florida Constitution Article III Section 17 provides for the impeachment of judges for misdemeanor in office,...
saveterrislife
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Sep 29, 2004
12:45 am
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