Judicial Complaint Probate Judge
Content
III.
Statements of Facts
I am 100% Federally Disabled. Janet McDonald is my living partner, we are unmarried. My Aunt was Jean Caffrey, Ms. McDonald was her caregiver. June 04, 2002, appeared to have fallen Ms. McDonald calls ambulance to help Ms. Caffrey (90 years old at time), who had extreme osteoporosis, up from the floor. The paramedics took Ms. Caffrey to Emory Northlake Hospital but told Al Thomson (neighbor) that there was nothing wrong with her. I had a Durable Power of Attorney and a Health Care Power of Attorney, it did not matter. June 05, 2002 DFCS worker, Sandra Al-Khaja Petitions the Probate Court of DeKalb County for appointment of Emergency and Permanent Guardian for an “Alleged Gravely Incapacitated Adult”. Claims needs assistance w/ daily living activities and finances. Needs Guardian of Property. June 05, 2002 Affidavit of Physician or Psychologist signed and notarized claims gravely incapacitated for physical illness and disability, emotional abuse and financial abuse by me. (The bottom of form states: The examination on which this affidavit is based must occur within ten days PRIOR to filing the petition). June 07, 2002, Order for Evaluation and Notice of Hearing signed “Jeryl Rosh, Judge, Probate Court”. Rosh was a clerk at that time. Dr. McIntyre was to do evaluation June 11, 2002, written report and made available to the parties within 72 hours. (This evaluation was never done) Hearing to be on June 13, 2002 at the Hospital. I received the Notice on June 09, 2002, my brother in Wisconsin did not receive the notice by the time of the hearing. “Exhibit 1” Laws and Rules violated: O.C.G.A. 29-5-8 (b) (1): MUST show: immediate, clear , and substantial risk of death (2): immediate, substantial risk of irreparable waste or dissipation of the estate of must be accompanied by O.C.G.A 29-5-6 Rules for these kind of hearings was totally ignored by Ms. Rosh. (e) “The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. There was NO EVIDENCE presented. If there had ever been an investigation done by DFCS, and I had been guilty of the accusations, I would have been arrested. I have never been arrested for these crimes
1) PREJUDICE UNFAIR TRIAL: Upon entering the hearing, Ms. Rosh
informed everyone: “Sandra Al-Khaja and I have been friends for 18 years.” “This is the third time this month I have seen the elderly taken advantage of and it won’t happen again. Mr. Al Thompson was a witness to the June 04 incident and a witness for my behalf at the hearing and was deposed August 13, 2003, pages 20, 21, 36, 37, . “Exhibit A” Canon 2B, 3C(1) & (a)
2) The ward is never allowed to testify at these hearings, Ms. Caffrey did
testify. During recess, Ms. Rosh sat with Ms. Caffrey, Ms. Al-Khaja and
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Ms. Turner and had a conversation. Thompson deposition pages 15, 17. “Exhibit B” Canon 2A, 3A(1)
3)
When I was testifying, Ms. Rosh very rudely cut me off screaming, “Alright, I’ve heard enough!” and at one point threw her pen down on the table. During my testimony I mentioned that I had talked with Ms. Caffrey’s doctor about an assisted living home, Ms. Rosh allowed Ms. Al-Khaja several times to holler out different responses, thus interfering with my testimony. Thompson deposition page 37 “Exhibit C” Canon 3a. (1), (3), (4)
4) The Durable Power of Attorney I had was until death. Ms. Rosh
deemed that I was guilty of abuse and financial fraud even though the money I was to have stolen belonged to Ms. McDonald and myself and not Ms. Caffrey. Ms. Rosh revoked my Power of Attorney, gave Ms. Caffrey a **Guardian of Property for a Gravely Incapacitated Adult. “Exhibit D” *Note: Legally Judge Marion Guess would have had to listen to the recording of the Hearing, look at all the evidence then make a decision, Judge Guess did not sign any of these papers and the decision was made at the Hearing. **They do not mail out the original.
5) Even though Ms. Caffrey’s primary doctor of four years who had
diagnosed her with Immobility Syndrome, mid-mild cognitive, and mild senility he was replaced and none of his documents were presented at the Hearing, he is a resident of Emory Northlake and had submitted his files. Ms. Rosh appointed a Guardian of Property only. I was denied access to the findings of the Hearing, the case had been sealed. November 2004, I finally saw the findings, Mental and Physical disability to the extent that the ward lacks sufficient understanding or capacity to make reasonable decisions… incapable of communicating… and clear and substantial risk of death and waste of estate”. “Exhibit E” Entry of Appearance” to the Probate Court and requested the Order, the Caffrey Evaluation and a copy of the tape of the hearing. None of these were provided either to myself or any of my attorneys, violating my rights. “Exhibit F”
6) I hired Mr. Stephen Carley to represent me. He sent the “Notice of
We found that the Guardian of Property had changed the name and address on the McDonald\Stegeman Accounts and had been stealing money and selling Mutual Funds. Upon the discovery, the Guardian immediately filed suit against me in Superior Court to tie the accounts up in litigation knowing that the accounts would be frozen and no one would discuss the accounts until the suit was settled.
7) Guardian of Property petitioned to sale Caffrey’s home September 23,
2002 claiming she did not live in this state and requested a Guardian
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ad Litem for the sale. Ms. Rosh appointed Mr. Mark Stephen, Caffrey’s attorney at the Guardianship hearing, he had the record of the hearing sealed. According to records, Mr. Stephen only did some of the negotiating, even though the work done to the house was lied about, the work that allowed $21,000 plus knocked off of the price was not done. Mr. Burnett, the Guardian of Property’s partner at The Law Firm of Joyner and Burnett signed as Attorney in Fact at the closing. The $40,000 home equity loan was not paid at the time of sale, later it was illegally taken from our account to pay. “Exhibit G” April 17, 2003 Ms. Caffrey died from “Sequel to Blunt Head Trauma”. No family had been allowed to see or talk with her again during her life. She suffered in the hospital in a coma for five days before passing. She was buried in the wrong place under the wrong name after being cremated. Family found out after the fact. Ms. Caffrey had named me sole executor and sole beneficiary in her original Will that was filed at DeKalb County Courthouse. Ms. Rosh violations: 6)
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Statements of Facts
I am 100% Federally Disabled. Janet McDonald is my living partner, we are unmarried. My Aunt was Jean Caffrey, Ms. McDonald was her caregiver. June 04, 2002, appeared to have fallen Ms. McDonald calls ambulance to help Ms. Caffrey (90 years old at time), who had extreme osteoporosis, up from the floor. The paramedics took Ms. Caffrey to Emory Northlake Hospital but told Al Thomson (neighbor) that there was nothing wrong with her. I had a Durable Power of Attorney and a Health Care Power of Attorney, it did not matter. June 05, 2002 DFCS worker, Sandra Al-Khaja Petitions the Probate Court of DeKalb County for appointment of Emergency and Permanent Guardian for an “Alleged Gravely Incapacitated Adult”. Claims needs assistance w/ daily living activities and finances. Needs Guardian of Property. June 05, 2002 Affidavit of Physician or Psychologist signed and notarized claims gravely incapacitated for physical illness and disability, emotional abuse and financial abuse by me. (The bottom of form states: The examination on which this affidavit is based must occur within ten days PRIOR to filing the petition). June 07, 2002, Order for Evaluation and Notice of Hearing signed “Jeryl Rosh, Judge, Probate Court”. Rosh was a clerk at that time. Dr. McIntyre was to do evaluation June 11, 2002, written report and made available to the parties within 72 hours. (This evaluation was never done) Hearing to be on June 13, 2002 at the Hospital. I received the Notice on June 09, 2002, my brother in Wisconsin did not receive the notice by the time of the hearing. “Exhibit 1” Laws and Rules violated: O.C.G.A. 29-5-8 (b) (1): MUST show: immediate, clear , and substantial risk of death (2): immediate, substantial risk of irreparable waste or dissipation of the estate of must be accompanied by O.C.G.A 29-5-6 Rules for these kind of hearings was totally ignored by Ms. Rosh. (e) “The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. There was NO EVIDENCE presented. If there had ever been an investigation done by DFCS, and I had been guilty of the accusations, I would have been arrested. I have never been arrested for these crimes
1) PREJUDICE UNFAIR TRIAL: Upon entering the hearing, Ms. Rosh
informed everyone: “Sandra Al-Khaja and I have been friends for 18 years.” “This is the third time this month I have seen the elderly taken advantage of and it won’t happen again. Mr. Al Thompson was a witness to the June 04 incident and a witness for my behalf at the hearing and was deposed August 13, 2003, pages 20, 21, 36, 37, . “Exhibit A” Canon 2B, 3C(1) & (a)
2) The ward is never allowed to testify at these hearings, Ms. Caffrey did
testify. During recess, Ms. Rosh sat with Ms. Caffrey, Ms. Al-Khaja and
1
Ms. Turner and had a conversation. Thompson deposition pages 15, 17. “Exhibit B” Canon 2A, 3A(1)
3)
When I was testifying, Ms. Rosh very rudely cut me off screaming, “Alright, I’ve heard enough!” and at one point threw her pen down on the table. During my testimony I mentioned that I had talked with Ms. Caffrey’s doctor about an assisted living home, Ms. Rosh allowed Ms. Al-Khaja several times to holler out different responses, thus interfering with my testimony. Thompson deposition page 37 “Exhibit C” Canon 3a. (1), (3), (4)
4) The Durable Power of Attorney I had was until death. Ms. Rosh
deemed that I was guilty of abuse and financial fraud even though the money I was to have stolen belonged to Ms. McDonald and myself and not Ms. Caffrey. Ms. Rosh revoked my Power of Attorney, gave Ms. Caffrey a **Guardian of Property for a Gravely Incapacitated Adult. “Exhibit D” *Note: Legally Judge Marion Guess would have had to listen to the recording of the Hearing, look at all the evidence then make a decision, Judge Guess did not sign any of these papers and the decision was made at the Hearing. **They do not mail out the original.
5) Even though Ms. Caffrey’s primary doctor of four years who had
diagnosed her with Immobility Syndrome, mid-mild cognitive, and mild senility he was replaced and none of his documents were presented at the Hearing, he is a resident of Emory Northlake and had submitted his files. Ms. Rosh appointed a Guardian of Property only. I was denied access to the findings of the Hearing, the case had been sealed. November 2004, I finally saw the findings, Mental and Physical disability to the extent that the ward lacks sufficient understanding or capacity to make reasonable decisions… incapable of communicating… and clear and substantial risk of death and waste of estate”. “Exhibit E” Entry of Appearance” to the Probate Court and requested the Order, the Caffrey Evaluation and a copy of the tape of the hearing. None of these were provided either to myself or any of my attorneys, violating my rights. “Exhibit F”
6) I hired Mr. Stephen Carley to represent me. He sent the “Notice of
We found that the Guardian of Property had changed the name and address on the McDonald\Stegeman Accounts and had been stealing money and selling Mutual Funds. Upon the discovery, the Guardian immediately filed suit against me in Superior Court to tie the accounts up in litigation knowing that the accounts would be frozen and no one would discuss the accounts until the suit was settled.
7) Guardian of Property petitioned to sale Caffrey’s home September 23,
2002 claiming she did not live in this state and requested a Guardian
2
ad Litem for the sale. Ms. Rosh appointed Mr. Mark Stephen, Caffrey’s attorney at the Guardianship hearing, he had the record of the hearing sealed. According to records, Mr. Stephen only did some of the negotiating, even though the work done to the house was lied about, the work that allowed $21,000 plus knocked off of the price was not done. Mr. Burnett, the Guardian of Property’s partner at The Law Firm of Joyner and Burnett signed as Attorney in Fact at the closing. The $40,000 home equity loan was not paid at the time of sale, later it was illegally taken from our account to pay. “Exhibit G” April 17, 2003 Ms. Caffrey died from “Sequel to Blunt Head Trauma”. No family had been allowed to see or talk with her again during her life. She suffered in the hospital in a coma for five days before passing. She was buried in the wrong place under the wrong name after being cremated. Family found out after the fact. Ms. Caffrey had named me sole executor and sole beneficiary in her original Will that was filed at DeKalb County Courthouse. Ms. Rosh violations: 6)
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