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.
