Court hears arguments, motions in Hunter suits

Discussion

March 9, 2010

Anonymous The Joplin Globe Tue Mar 09, 2010, 09:07 PM CST

By Susan Redden

sredden@joplinglobe.com

Court rulings will come later after Judge Michael Dawson on Tuesday heard a raft of motions in lawsuits involving Rita Hunter, former Jasper County public administrator.

Dawson, of Osceola, has been assigned to hear a number of the cases in Jasper County Circuit Court naming Hunter in her former role as a guardian of county residents who are unable to care for themselves.

Tuesday’s hearings focused primarily on actions that led to Emma France, an elderly Carthage woman, being made a ward of the administrator’s office in May 2007, and the expenditure of money from France’s estate.

The court heard arguments on behalf of France and other former wards of Hunter from Springfield attorney Lynn Myers, and on behalf of Hunter from Springfield attorney Doug Harpool, who represents Jasper County’s insurance company. Joplin attorney Ron Mitchell represented Shannon McKinney, an attorney who was appointed by the court when France was made a ward of the administrator’s office, and Stephen Bazzano, the physician whose medical report was submitted to the court when Hunter was named guardian for the then-95-year-old Carthage woman.

Guardianship voided

Jasper County Probate Judge David Mouton later voided rulings that had made France a ward, citing missteps including France not being allowed to attend the hearing and relatives not being notified of the session, both requirements of state law.

France is suing McKinney, contending that the attorney did not represent her wishes in the hearing that led to her being named a county ward. Mitchell on Tuesday argued that McKinney acted properly as a court-appointed guardian, and that such guardians are immune from lawsuits. He said McKinney had spoken before the hearing with France, “who was not interested in having this ‘kid’ represent her.”

“She (McKinney) told the court she (France) wanted to be there, but she didn’t think it was in her interest,” Mitchell said. “She acted based on the doctor’s certificate and all the available information. Guardians are supposed to be an independent voice. They’re not there to do whatever the ward says, and they must have the right to report to the court without fear of being sued.”

Myers contended that McKinney was appointed as an attorney for France, to act in a capacity similar to a public defender.

“Her job was to operate as an advocate for a person whose freedom could be taken away,” he said. “She admits she didn’t go over her (France’s) rights or tell her she could have a jury trial. She read the petition and knew the relatives hadn’t been notified.”

Across state lines

Mitchell also argued that Bazzano should be dismissed as a party in France’s lawsuit against Hunter, because Bazzano examined France at his office in Galena, Kan., before the probate court hearing.

“There’s no allegation he did anything in Missouri,” Mitchell said. “If anything is filed, it should be in Kansas.”

Myers disagreed, saying France was taken by Hunter to Bazzano’s office, and that the doctor knew his information would be used in a Jasper County court case.

“The document he signed affected the rights of a woman in Missouri, and he practices in both states,” he said.

Harpool, on behalf of Hunter, challenged Myers’ argument that Hunter should repay money spent from France’s estate, given that the court found that France was improperly made a county ward.

“She (Hunter) should not be held liable for the time she thought the guardianship was in effect,” he said. “The court appointed her, and she had a duty to act.”

Harpool also said Hunter had immunity as a public official, but Myers argued that immunity does not extend to public administrators.

“She knew Emma France was competent when she went to court,” Myers said. “The judgment (making France a county ward) was voided, like it never had any effect. Now the public administrator must return every dime spent.”

Noting that France is suing Hunter individually and as a public official, Harpool said the current public administrator, Angie Casavecchia, should be substituted in the suit against a public official. Myers disagreed, and said the suit seeks nothing from the current administrator. Casavecchia defeated Hunter in 2008 in her bid for re-election to a second term as administrator.

Attorneys also discussed potential trial dates. Defense attorneys said many elements must be decided first. Myers suggested a hearing in the fall, noting that France is now 98 years old.

Background

While steps in the lawsuits continue, an investigation into Rita Hunter’s operation of the public administrator’s office is under way by the federal Department of Justice. That probe, which now spans more than a year, was handed off by the Missouri attorney general’s office, which had taken over the case from the Highway Patrol. No criminal charges have been filed against Hunter, and no details from any of the probes have been released. Hunter has said she has nothing to hide.

Text Only

Carthage, Jasper County

Carthage attorney, reformer of revenue department, dies
James R. Spradling, a Carthage attorney who was noted for his reform of the Missouri Department of Revenue in the 1970s, died at 5:50 a.m. Monday at McCune-Brooks Regional Hospital.

August 9, 2010 1 Photo
Bondswoman charged with false imprisonment
A bail bondswoman from Carthage is facing a charge of false imprisonment for allegedly attempting to put a man in jail without a judge’s order, then taking him home and handcuffing him to the banister of a staircase until a friend of the man paid her his bond money.

January 4, 2012
Man’s last statement to be given to defendant
A judge ruled Monday that the Jasper County prosecutor must provide attorneys for Darren J. Winans with a videotaped statement co-defendant Matthew D. Laurin made about the Sheldon murders shortly before killing himself.

August 23, 2010
Carthage proposes 1.6-cent rise in city property tax
A drop in the assessed value of Carthage real estate will translate to an increase of about 1.6 cents in the city’s proposed property tax rate.

August 9, 2010
Open house to celebrate projects at courthouse
Projects completed last year at the Jasper County Courthouse will be celebrated in ceremonies Thursday in the courthouse lobby.
County officials will join representatives of local chambers of commerce and others for a ribbon-cutting and open house to mark the opening of a Route 66 display in the lobby and a new “peace star” atop the building.

May 9, 2010
State budget cuts reduce county funds
County officials are bracing for more state budget cuts to translate into a loss of county revenues.
In an effort to balance Missouri’s budget, the state earlier this year cut the amount it reimburses county assessors for work to determine property values. The budget approved by lawmakers for fiscal 2011 calls for cutting the amount the state reimburses counties to house prisoners bound for state lockup.

May 9, 2010 1 Photo
Jo Ellis: County home to rare yellowwood tree
In late spring, drifts as white as snow fill the gutters and curbs on the east side of the Jasper County Courthouse. It isn’t snow, of course; it’s the fallen petals of the yellowwood tree that grows squarely in front of the door to the Jasper County Extension office.

May 9, 2010
Jasper County Commission gets building project update
Plans to close out one building project and start another were reviewed by the Jasper County Commission last week.
Darieus Adams, Western District associate commissioner, met Thursday with officials of the firm who designed a $292,400 project to upgrade the lighting and make other changes to make four county-owned buildings more energy efficient.

May 8, 2010
Two men running for associate judge in 39th Circuit take case to court
Two men running for associate judge in Missouri’s 39th Circuit began battling it out in a Jasper County courtroom this week.
Jasper County Circuit Judge Gayle Crane heard arguments Wednesday concerning the disclosure of documents sought by Robert “Bobby” George, Aurora, the current Lawrence County prosecutor.

May 7, 2010
Unveiling ceremony celebrates CHS tiger
Kandy Frazier, Carthage High School principal, summed it up once the new addition to the CHS campus was unveiled Thursday.
The bronze tiger sculpture created by Carthage artist and sculptor Bob Tommey, she said, is the kind of work that would be found at a big university.

May 6, 2010 1 Photo
More Carthage, Jasper County Headlines

Water company cites reconnections

Carthage, Jasper County

Search Results

Discussion

Court hears arguments, motions in Hunter suits

Joplin City Manager Mark Rohr wants the city to distribute weather radios to all Joplin homes that don’t have one. That’s 11,000 radios. Do you think that’s a good use of $300,440?

Joplin City Manager Mark Rohr wants the city to distribute weather radios to all Joplin homes that don’t have one. That’s 11,000 radios. Do you think that’s a good use of $300,440?

Site Map

Contact Us