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.
Excerpted from the Petition
to Impeach Judge Greer
Judge Greer's Scientologist Campaign Manager
Scientology
and Terri Schindler Schiavo: The Death Connection
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