In this section of the
website we have information about the activities and publications of
Spectrum Institute from 2014 through 2021. Information and links
to documents are listed in chronological order.
December 8, 2021
Commonwealth Club
Hosts a "Fee for All" Forum
The panelists in this forum
explained how they witnessed or experienced this “fee for all”
depleting the assets of a conservatee. The moderator discussed how
the Funding and Fees Project of Spectrum Institute plans to address this
problem through a study of what has been happening in local courts
throughout the state. The project will issue a report and
recommendations on how to tame this asset-eating beast. We are
asking individuals, organizations and foundatons to make donations to
fund this project. Once we hve raised $30,000, the study will be
initiated. We anticipate that it will take 10 months to comlete
the research, develop the reform proposals, and write the report.
To make a donation,
click here.
Then send us an email to let us know that your donation is intended to
support the Fee for All study.
November 12, 2021
Registration Still
Open for Zealous Advocacy Webinar
Spectrum Institute is
presenting a “Zealous Advocacy” webinar on the implications of
newly-enacted AB 1194 on California public defenders and court-appointed
private counsel in probate conservatorship proceedings. Information is
also provided for the courts that appoint the attorneys and the counties
that fund indigent legal defense services in these cases. Those who have
registered so far include public defenders from several counties,
judicial council staff, superior court staff, regional center staff,
private practitioners, and conservatorship reform advocates. For
information about the one-hour webinar which will occur on November 16
at noon, click here.
November 11, 2021
ABC TV 10 News
Story Addresses Problems with Limited Conservatorships
ABC
TV 10 in Sacramento aired a news story today introducing its viewers
with a special type of conservatorship for adults with developmental
disabilities. Throughout the news segment Barbara Imle discusses
problems with the limited conservatorship system and the need for
regulation and coordination of the 21 regional centers in California
which are supposed to assess proposed limited conservatees to ensure
that they are not unnecessarily placed into a conservatorship and, if
one is necessary, that it is not overly intrusive. Barbara is a member
of the board of trustees of Spectrum Institute. To watch the news
story,
click here. To read the associated print story,
click here.
November 10, 2021
ABC TV 10 News
Story on New Legal Advocacy Rights Under AB 1194
ABC
TV 10 in Sacramento aired a news story today on the new right to counsel
provisions of AB 1194 which goes into effect on January 1. Spectrum
Institute’s legal director, Thomas F. Coleman, was featured throughout
the six-minute episode. Among the issues discussed was the right to
counsel of choice for proposed conservatees, mandatory appointment of
counsel for those who are unable to retain an attorney, and the duty of
lawyers to advocate for the wishes of their clients in these cases. To
watch the news story,
click here. To read the associated print story,
click here.
November 6, 2021
Internship
Opportunities Are Available for LGBTQ Legal History Project
Spectrum
Institute has internship opportunities available for law students as
well as undergraduate students majoring in history or journalism.
Students will work under the supervision of three attorneys on a project
to commemorate LGBTQ legal trailblazers from the 1970s. Trailblazers
include law students, law professors and practicing attorneys who were
involved in LGBTQ legal activism during that decade. The internship
announcement has been posted at 21 universities. For more information
about the internships with the
Birds of a Feather
history project, click here.
November 4, 2021
New Research
Associate Joins LGBTQ Outreach Campaign
Kelly
B. Blair has become a volunteer for Spectrum Institute. He will serve as
a research associate with the organization’s
LGBTQ
Outreach Campaign. In particular, Kelly will assist lawyers
coordinating the Birds of a Feather commemoration which will recognize
LGBTQ legal trailblazers who were active during the 1970s as law
students, law professors, or practicing attorneys.
Kelly
describes himself as “a jack of all trades.” Since 2005, he has worked
as a Program Secretary and Program Specialist at College of the Desert
in the EOPS and CARE (Extended Opportunity Programs and Services and
Cooperative Agencies Resources for Education) office. EOPS/CARE are two
state funded programs that assist low income students and students who
are single parents to receive a college education and break the cycle of
poverty in their community. Prior to that he worked for MemorialCare
Medical Centers in Long Beach as the Executive Secretary to the Vice
President of Marketing. Previous employment included work in customer
support for various companies in Southern California.
Kelly has volunteered for
several not-for-profit organizations, starting with the “No on 64”
campaign in Orange County in 1986 to defeat a ballot initiative that
would have caused massive intrusions into the civil liberties of persons
with HIV or AIDS. It was an exciting time for him as a young college
student who was just coming out. He also did volunteer work for the AIDS
Walks in Los Angeles. Since moving to the Desert, Kelly has become
a proud and involved union member with CSEA (California School Employee
Association). He is also the organist at Arcadia Congregational
Church in Arcadia, Caliornia. Kelly likes learning new skills and is
always up for a new challenge. When he’s not working, Kelly enjoys
watching motion pictures, listening to music, playing music, dancing,
giving flattop haircuts, and hanging out with his close friends.
November 3, 2021
Internship Summary
for ADA Judicial Compliance Project
Maria Reyes Olmedo participated with Spectrum Institute as a summer
intern with the
ADA Judicial Compliance Project. We are pleased to share
Maria's summary of the work that was done and the positive results of
these
efforts. Litigants with mental or developmental disabilities will
be better off because of Maria's thoroughness and tenacity. To
read the summary,
click here.
October 25, 2021
Judge Rand Schrader
Pro Bono Program Video
UCLA Law School formally
launched the Judge Rand Schrader Pro Bono Program today. The program is
named in honor of Schrader, who along with Thomas F. Coleman and a few
other law students created the first gay law students association in the
nation in 1972. Rand went on to become the first openly gay deputy city
attorney in Los Angeles in 1974 and the second openly gay judge in the
nation in 1980. Retired Superior Court Judge Stephen Lachs spoke during
the 8-minute video as did Coleman, the executive director of Spectrum
Institute. Judge Lachs is an advisor to the Funding and Fees Review
project of Spectrum Institute. Retired Judge Burt Pines, who was the
elected city attorney who hired Rand, shared some of his memories of
Rand. To watch the video,
click here. (Photo: screen shot from the video)
October 19, 2021
In Memory of
Theresa Jankowski
We
were saddened to learn of the passing of Theresa Jankowski yesterday.
The news was relayed to us by Sharon Holmes, an advisor to Spectrum
Institute and a close friend of Theresa. Theresa’s quiet and peaceful
life was disrupted in 2017 by an unwanted and necessary conservatorship
proceeding in the Los Angeles Superior Court. A retired employee of the
FBI, Theresa was residing in an independent living residence when she
was targeted by a conservatorship petition filed by a professional
fiduciary. Having outlived her relatives, Theresa turned to an estate
planning attorney to prepare a trust and powers of attorney. Theresa,
then 83 years-old, had about $600,000 in liquid assets and an annuity
and FBI retirement account that paid for her living expenses. Theresa
appeared in court with her chosen attorney only to discover that the
judge would not allow him to represent her. Instead, the court appointed
another attorney who then refused to advocate for Theresa’s wishes which
were to dismiss the petition and allow her trust and powers of attorney
to take effect. Her appointed attorney argued IN FAVOR OF a
conservatorship, and in being disloyal to his client also violated
ethical rules of confidentiality. Some four years later, Theresa was
pressured into a “settlement” where the conservatorship case would be
dismissed on condition that she pay the fees of all the attorneys in the
case which amounted to about $350,000. The judge would then allow
the trust to take effect. In essence, Theresa was held hostage to a
conservatorship with the ransom being the attorney fees. This four-year
ordeal took a toll on Theresa and the stress of it no doubt contributed
to her demise. Theresa’s battle with the probate court and her
mistreatment by the court-appointed attorney will be used as a teaching
example of conservatorship abuse in California. In fact, her case
was used to support two provisions in the newly passed AB 1194.
One is a legislative declaration that a proposed conservatee has the
right to chosen counsel. The other is a provision mandating that
counsel for a conservatee or proposed conservatee act as a zealous
advocate for the client. Both of these principles were violated in
Theresa's case. The attorney fee abuse Theresa experienced will be
discussed at an upcoming "Fee for All" forum sponsored by the
Commonwealth Club of California. Theresa's unfortunate
experiences are inspiring legal reforms. May she rest in peace.
October 13, 2021
Zoom Webinar
Specialist to Assist Spectrum Institute
Clara
Garcia has offered to assist with the technical aspects of our first
Zoom webinar which will be held on November 16. Thomas F. Coleman,
legal director of Spectrum Institute will be the presenter. He
will explain the duties and risks associated with AB 1194 -- a new
conservatorship reform law that takes effect on January 1, 2022.
Lawyers, county risk managers, court administrators, and members of the
public may register for this event. We are grateful to have the
assistance of Clara for this important event.
Clara is the
Director of Programs at Autism Society Inland Empire. She has been
active in the field of social services for the past 26 years in the
areas of mental health and drug treatment counseling as well as gang
prevention/intervention programs. Clara has spent the last 14
years serving people in the disability community by promoting inclusion,
advocating and educating. She has created and implemented inclusive
programs for special needs children and their typical peers which
include a summer camp, play dates, and outings in the community. What
stands out most about Clara is the special relationships she builds with
families. Because of her genuine care for families, they turn to her for
assistance with advocacy, share important family issues and best of all
invite her to gatherings where there is always great food!
Our
appreciation is extended to the Autism Society Inland Empire which will
be hosting this webinar on Zoom. The organization promotes
systemic reforms by working at the local, state and federal levels in
collaboration with community partners and stakeholders. It
provides expertise, leadership, and support around critical issues such
as autism assessment, autism services, education issues, employment,
housing and more. All of these issues are related to conservatorship
reform.
October 12, 2021
New Member of Board
of Trustees
Barbara
Imle has joined the board of trustees of Spectrum Institute. She
fills a vacancy due to the retirement of Diane Coleman Rogers.
Barbara is a doctoral candidate in the sociology department at Portland
State University. Her current research is focused on improving the
process of establishing limited conservatorships of adults with
intellectual and developmental disabilities in California. Emphasis is
placed on finding alternatives, such as supported decision-making
arrangements. Barbara, who has disabilities herself, has some 15
years of professional experience working in the disability service
delivery system in California. She was employed by two regional
centers. This combination of experiences has provided her with a solid
understanding of the complexities related to navigating the disability
system, and the challenges that people with disabilities and service
agencies face. Barbara has collaborated
with Spectrum Institute on a variety of projects for the past several
years. She is featured in our Pursuit of Justice
documentary film. Barbara resides in San Diego.
October 7, 2021
Unpacked:
Podcast on the Origins and Unfolding of Britney Spears Conservatorship
Unpacked
is a new investigative podcast that "delves into the world's most
curious and complex stories." In this season's first episode,
investigative reporter and podcast host Edwina Stott unpacks the story
of Britney Spears by talking to the people who were there to examine how
the media, her family and the general public have played a part in
Britney being forced into a conservatorship and therefore losing control
of her career, her money and her life. Legal aspects of the
conservatorship are explained by attorney Lisa McCarley who practices
law in probate court and attorney Thomas F. Coleman, legal director of
Spectrum Institute. For a written description of the podcast
episode and to listen to the audio file (27 min.),
click here.
October 2, 2021
October 1, 2021
Episode #1:
Historic Right to Counsel Bill Signed By California's Governor
To listen to an audio newscast (2:18 min.) about this
important legislation, click here.
New
TV Series on California's Broken Conservatorship System
Earlier this year, Sacramento TV Channel 10 produced a
five-part series of investigative reports on the broken
conservatorship system in California and how it adversely affects the
elderly. Investigative reporter Andie Judson is currently working
on a follow-up series which will focus mainly on conservatorships for
adults with developmental disabilties and how that part of system is
badly broken too. She recently spent three hours interviewing
Thomas F. Coleman, legal director of Spectrum Institute, at his home in
Palm Springs. If all goes well, the new series will air by
February 2022. Below: Coleman, Judson, and a Channel 10
videographer.
October1, 2021
Monthly Newsetter
is Now Available
The October 2021 newsletter
of Spectrum Institute is now available online.To
access the current newsletter as well as prior issues,
click here.
September 28, 2021
CONGRESSIONAL
HEARING ON CONSERVATORSHIP REFORM
The Subcommittee on the Constitution of the U.S. Senate Judiciary
Committee held a hearing today titled "Toxic Conservatorships: The Need
for Reform." In his opening remarks, Senator Richard Blumenthal
essentially referred to a "carrot and stick" federal approach to reform.
He called on the Department of Justice and the Department of Health and
Human Services to provide the states with "best practices" guidance that
would address three issues: a serious exploration in each case of less
restrictive alternatives such as supported decision-making; improving
civil rights protections; and better mechanisms to monitor ongoing
conservatorships to reduce the risk of abuse. He also suggested
that the Disability Rights Section of the Civil Rights Division of the
DOJ should focus attention on disability rights violations occurring in
conservatorship and guardianship proceedings. To view this
hearing,
click here. For a copy of Spectrum Institute's proposals to
the chief counsel of the Senate Judiciary Committee,
click here. For a copy of our letter to Senator Dianne
Feinstein who sits on the subcommittee,
click here. Some of our recommendations are mirrored by
Senator Blumenthal's remarks. Senator Blumenthal chairs the
subcommittee.
September 22, 2021
The Domino
Effect: My Life As an Advocate -- An Autobiographical Narrative by
Thomas F. Coleman
Each
episode of The Freedom Files Podcast has a feature story
associated with it. An early episode focused on the advocacy
activities of Spectrum Institute's legal director before he was
introduced to the civil rights nightmares of probate conservatorships.
From gay rights to family diversity to singles rights to abuse of
teenagers, Coleman's career has focused on equal rights and justice for
many oppressed or underserved segments of the population. To read
the story about the advocacy adventures of Thomas F. Coleman from his
law school days in 1972 up to the publication of his professional
memoirs in 2009,
click here. The story has links to photos and documents from each of
those eras.
September 21, 2021
BuzzFeed News
Releases Massive Report on Broken State Guardianship Systems
BuzzFeed
News has just published the results of a major investigation into state
guardianship and conservatorship systems throughout the nation.
According to the report, journalists Heidi Blake, Katie J.M. Baker and
their team "scoured hundreds of thousands of court documents,
obtained confidential mental health filings and financial records,
examined hundreds of guardianship cases, gathered exclusive data from
extensive public records requests, conducted hundreds of interviews, and
carried out a detailed review of guardianship laws in all 50 states.
[The] investigation reveals an opaque, overgrown, and malfunctioning
system wielding vast and frightening power in the dark." The
bottom line: "For people under guardianship, the system can be
dehumanizing, dangerous, and even deadly. For the professionals — who
can control hundreds of people at a time — it can be very profitable."
To read what they did and what they found during this impressive piece
of invetigative reporting,
click here.
September 18, 2021
Coming Soon:
AudioCast of Spectrum Institute
Spectrum
E-News, the editorial and news division of Spectrum Institute, is
developing a new information service. AudioCast periodically will
release short audio segments focused on news and current events
pertaining to conservatorship reform, disability rights, and mental
health access. AudioCast, which shoud be operational by October 1, is
being produced by Thomas F. Coleman. Francis Cast, assistant
producer, is an intern from Western Washington University where he is
studying creative writing. Audiocast releases will be available on
the Spectrum E-News page of our website. Each episode will also be
released to the public through our social media accounts by Eneya
Kwesele, an intern from Washington State University.
September 16, 2021
Civil Grand Juries
Responding to Our Requests for Investigations of Legal Defense Services
When
Spectrum Institute released its report on public funding of indigent
conservatorship legal defense programs on September 7, 2021, we send a
letter to the civil grand juries in all 58 counties in California.We invited them to consider investigating whether the legal
defense program in their own county was providing effective or defective
legal services to adults with mental and developmental disabilities who
are entangled in probate conservatorship proceedings.Are county supervisors adequately funding the program?Does the service provider – whether it is a county department of
public defender, a contract public defender, or a panel of private
attorneys operated by the court – have excessive caseloads, inadequate
training, performance standards, or quality assurance controls?Does the county ever audit cases or survey clients or their
families about their experiences with the legal service provider?The Santa Clara
County Civil Grand Jury was the first to respond.The foreperson wrote to us to acknowledge receipt of what they
described as our “complaint.” She
expressed appreciation that we bought his matter to the grand
jury's attention.The Civil
Grand Jury in Contra Costa
County invited us to complete a complaint form online and submit it to
them.We did.We were invited to do the same by the Civil Grand Jury in
Placer County.
The foreman of the Civil Grand Jury in Lake County sent us a letter acknowledging our
request for an investigation, indicating that it would be considered by
the full grand jury. The foreperson of the
Orange County Civil Grand
Jury wrote: "We will be reviewing the matter you identified."
The foreperson of the San
Diego County Civil Grand Jury wrote: "The Grand Jury will
review the information you have provided, verify that this matter is
within its jurisdiction, and determine whether further investigation is
warranted." The legal advisor to the
Alameda County Civil
Grand Jury reached out to us and had a lengthy conversation. The
Los Angeles County
Civil Grand Jury acknowledged our request. The
Tuolumne County Civi
Grand Jury responded that they considered the request at plenary
meetings in September and October.
September 14, 2021
Senate Committee on
Aging Urged to Propose Bold Guardianship and Conservatorship Reforms
The Special Committee on Aging of the United States Senate is in the
process of developing legislation to address increasing demands by the
public to stop ongoing abuses and exploitation of seniors and people
with disabilities in state-operated adult guardianship and
conservatorship systems.
Publicity surrounding the conservatorship of Britney Spears has sparked
growing interest in such reform by many members of Congress. One of them
is Senator Bob Casey (D-PA) who is chairperson of the Special Committee
on Aging. A staff member of that committee recently contacted Spectrum
Institute. In response, we have submitted four specific actions that
Congress should take to tame the estate-grabbing and
civil-liberties-destroying conservatorship/guardianship beast. Those
actions are:
* Funding positions for lawyers in the Disability
Rights Section at Department of Justice (DOJ) who will focus exclusively
on violations of the Americans with Disabilities Act by judges and
attorneys in state guardianship and conservatorship proceedings. Right
now, the lawyers in this section are sitting on complaints for years
without taking action, probably due to under-funding.
* Funding
lawyers in the criminal division of the DOJ and investigators in the FBI
who will focus on guardians and conservators who are violating federal
criminal laws and thus making seniors and people with disabilities
victims of federal crimes. Presently, federal prosecutors and
investigators are ignoring these cases, probably due to under-funding.
* Require that a certain percent of federal funds that are allocated
to protection and advocacy agencies (like Disability Rights California)
must be used to protect the rights of people with disabilities who are
entangled in guardianship and conservatorship proceedings. Despite
receiving tens of millions of federal dollars to protect the rights of
people with disabilities, these agencies have been doing almost nothing
for this particular population.
* Require that any state or local
courts that receive federal funds for any purpose must require attorneys
who are appointed by the court to represent protected persons in
guardianship or conservatorship proceedings to attend periodic training
programs on the application of the Americans With Disabilities Act and
section 504 of the rehabilitation act to guardianship and
conservatorship proceedings. Right now, the courts (and appointed
attorneys) act as though the ADA does not apply to these proceeding,
which is not true.
Rick Black, executive director of the Center for Estate Administration
Reform, also has been pressing the committee to take bold actions to
address guardianship and conservatorship abuses perpetrated by state
judges and probate attorneys.
We are hoping that the interest expressed in conservatorship and
guardianship reform by members of Congress, especially by Senator Casey,
is not just for publicity purposes. Time will tell if the
Committee proposes meaningful reforms or just offers up more symbolic
legislation such as has occurred in the past.
September 13, 2021
Legal Director
Quoted in News Story on Right-to-Counsel Provisions of AB 1194
The
Southern California Record published a story today about provisions of a
bill passed by the California Legislature to ensure that all adults
targeted by conservatorship proceedings will have an attorney to defend
their rights. Thomas F. Coleman, legal director of Spectrum
Institute, is quoted extensively in the story. AB 1194 was sent to
the desk of Governor Gavin Newsom on September 10, 2021, and is awaiting
his approval. Once signed, it will take effect on January 1, 2021.
One of the bill's provisions ensures that adults can have a
chosen attorney to represent them in probate conservatorship
proceedings. This portion of the bill was inspired by the court's
refusal to allow Britney Spears to be defended by the attorney of her
choice.
For those who are unable to retain an attorney, the bill requires the
court to appoint a lawyer for the adult, specifying that such appointed
attorneys must act as zealous advocates for the expressed wishes of
their clients. This will correct a current problem where some
appointed attorneys do not advocate for what their clients wants.
Instead, some act more like social workers, urging the court to do what
the attorney personally feels is best for the client. The Southern
California Record is a journal covering the legal system in Southern
California. To read the article,
click here.
September 10, 2021
California
Conservatorship Reform Bill Sent to Governor
AB
1194 protects the right to a chosen attorney, mandates the appointment
of defense attorneys for those without counsel, requires appointed
attorneys to act as a “zealous advocate” for the client, and guarantees
that conservatees receive an appointed attorney in appellate
proceedings. The bill received overwhelming support in both houses
of the legislature. It now awaits the governor's signature.
Spectrum Institute assisted Senate Ben Allen (photo), primary co-sponsor
of the bill, to develop the measure's right-to-counsel provisions.
These new legislative mandates will help thousands of seniors and people
with disabilities who become entangled in probate conservatorship
proceedings. To read our press release about the new bill,
click here.
September 8, 2021
Commonwealth Club
Conservatorship Reform Forum Available Via YouTube
The Commonwealth Club of California sponsored a forum last week on
conservatorship reform. Thomas F. Coleman, legal director of
Spectrum Institute, was one of the invited presenters. The
organization released the video (1:09) today on its
YouTube page.
The video is embedded here for your convenience.
September 7, 2021
Landmark Report
Finds Major Flaws in Conservatorship Legal Defense Programs
A
landmark report released today by Spectrum
Institute finds that legal defense programs in probate conservatorship
cases in California are plagued with problems: inadequate funding, high
caseloads, a lack of performance standards, and an absence of quality
controls. It recommends remedial actions by state officials and
calls on civil grand juries in all counties to investigate these
deficiencies. The report points to a legal defense
program in Nevada that could be a model for reform in California.
Among the recipients of the report are the Supreme Court,
Legislature, and Judicial Council, as well as public defender offices in
counties throughout the state. The report was also sent to civil
grand juries in all 58 counties with a request for them to investigate
conservatorship indigent defense programs in their jurisdictions. To
read the press release,
click here.
September 6, 2021
New Intern Joins
the Team at Spectrum Institute
Francis
Cast is
a student at Western Washington University. He is studying
creative writing and will receive his Bachelor
of Arts degree on June 22, 2022.
Francis is taking on the role of Assistant Producer where he will help
run and mix AudioCast, a new feature of Spectrum E-News, the
editorial and news division of Spectrum Institute.
He will also become the institute’s
resident poet. Francis is thrilled to
be interning for Spectrum Institute, where he will be utilizing his
growing skills and knowledge in the audio worldand the writing world.
Growing up with a speech disability
has made Francis passionate to contribute to advocacy for the
rights of people with disabilities.
His youthful experience with a communication
disabilityhas
shaped him into the writer, worker, musician,
and overall person he is today. Francis is pleased
to be a member of the team at Spectrum
Institute.
When he has the time, Francis enjoys playing chess, learning new musical
instruments, exploring the wilderness, and going to museums and art
galleries. He has also enjoyed learning Muay Thai from the wonderful
people at Pure Fitness Martial Arts.
September 1, 2021
Episode #3 of
The Freedom Files Podcast Now Available
This
episode of the podcast series picks up where the second episode left
off. It describes the shift in the advocacy activities of Tom
Coleman after his memoirs were published in 2009. He ventured into
the area of abuse of people with disabilities, especially those with
developmental disabilities, with the goal of promoting more effective
responses to such abuse by government agencies. While doing that
important work, Coleman was introduced to an extremely challenging set
of problems with the probate conservatorship system in California.
After investigating a few specific cases of young adults with
developmental disabilities whose rights were violated in these legal
proceedings, Coleman dug deeper. To access this and previous
episodes,
click here.
September 1, 2021
New Monthly
Newsletter Published Today
Every
month Spectrum Institute publishes a newsletter to inform our advisors,
supporters, and the public of the organization's recent activities.
It also highlights news relevant to our campaigns for conservatorship
reform, disability rights, and mental health access. The September
2021 newsletter is filled with information about our internships, a new
podcast episode, a new supported decision-making law in New Hampshire, a
pending California bill that will affect the mental health access rights
of conservatees, links to short videos of interviews with some of our
team members, some suggested reading materials, and more. To
access current and former newsletters,
click here.
September 1, 2021
WSU Student Added
to Team as Social Media & Podcast Production Intern
Eneya
Kwesele is a fourth-year undergraduate student at Washington State
University. She will receive her Bachelor of Arts degree in May
2022 in Integrated Strategic Communications with a focus on public
relations. Eneya joins the team at Spectrum Institute to
manage our social media outreach program and as a post-production
associate with The Freedom Files podcast. As a first-generation college student and a black woman, Eneya recognizes the
importance of advocacy for underrepresented and marginalized populations.
She joined varsity FIRST Robotics in high school and helped pioneer
Special Olympics Unified Robotics -- a robotics program for students
with disabilities. Working in student government, Eneya also has
experience advocating for college students and has served on several
campus-wide committees.
September 1, 2021
Gurdeep Singh Raina
to Serve as Outside Strategic Consultant
Gurdeep
Singh Raina (GS)
will be providing the board of trustees with strategic advice on the
five pillars of organizational development: funding, campaigns,
communication, influencers, and partner networks.He is a doctoral student
at Washington State University’s Carson College of Business. As a
researcher in Corporate Governance and Strategy, GS explores the impact
of diversity in organizational upper echelons on the performance
outcomes. He is also a passionate educator and has been involved in
teaching business courses to WSU seniors and juniors. GS received his
Bachelor of Engineering (Production) and MBA (International Business) in
India and has over 14 years of work experience in India, China, Hong
Kong, and the USA. His work mostly involved the transformation and
reinvention of business models to enhance organizational efficiencies
that result in improved top and bottom lines. He is trained in Six Sigma
and Lean methodology.
August 25, 2021
Updated Compendium
of Daily Journal Commentaries is Available
Over
the past six years, the Daily Journal has published 33 commentaries
written by attorney Thomas F. Coleman. The articles have focused
on various aspects of conservatorship reform and disability rights.
In a critical but constructive manner, Coleman has made recommendations
to improve access to justice for adults with mental and developmental
disabilities in judicial proceedings, with a special emphasis on probate
conservatorship proceedings. The recommendations have been
directed to officials in all branches and all levels of
government,including the California Supreme Court, State Bar, Judicial
Council, Legislature, and the United States Department of Justice.
The Daily Journal is California's premier legal newspaper. It is read by
thousands of attorneys, judges, legislators, government administrators,
and local elected officials. To access the compendium,
click here.
August 24, 2021
Daily Journal
Publishes Op-ed on Deficient Attorney Training Program
The
Daily Journal legal newspaper published a commentary today critiquing a
webinar recently produced by the Los Angeles County Bar Association.
The mandatory training was attended by court-appointed attorneys who
represent adults with developmental disabilities in limited
conservatorship proceedings in California.The commentary criticizes the presenters and training materials
for omitting important topics and for giving misinformation on others.The article will be included as an exhibit in a report to be
released by Spectrum Institute on September 7 about the use of public
funds for indigent legal defense services in these proceedings.The report will be shared with several state officials and
agencies, including the California Supreme Court.To read the commentary,
click
here.
July 27, 2021
Commonwealth Club
to Sponsor Conservatorship Reform Panel on August 30
On
August 30, 2021, The Commonwealth Club of California will host an
Internet forum focusing on the need for conservatorship reform. The
90-minute program will start at 9:30 a.m. (PDT) and costs $5.00 for
nonmembers.
The mission of The Commonwealth Club is to be the
leading national forum open to all for the impartial discussion of
public issues important to the membership, community and nation. The
club is the nation's oldest and largest public affairs forum. Every
year, it presents more than 450 forums on topics ranging across
politics, culture, society and the economy.
Thomas F. Coleman,
legal director of Spectrum Institute, is a panelist at this forum. Other
panelists are: Rick Black of the Center for Estate Administration,
attorney Lisa McCarley, and Leanne Simmons from @FreeBritneyLA. The
panel moderator is Dr. Gloria Duffy, President and CEO of The
Commonwealth Club of California. For more information,
click here.
July 22, 2021
We Reached Our
Fundraising Goal
Last month Spectrum Institute launched a fundraising drive to cover the
organization’s basic operating expenses for one year. Our goal was to
raise $5,000. Many of our closest supporters responded. In less
than one month we raised $6,200. Donations ranged from $50 to
$2,500. We extend our gratitude to the board members, volunteers,
advisors, and other supporters who gave so generously.
It is amazing how much the organization is able to accomplish with such
a modest budget. We also extend our appreciation to Loyola
Marymount University for providing paid summer internships for two law
students. Another law student is donating pro bono time to the
organization, with a fourth student assisting us with social media
promotion in exchange for academic credit plus putting in extra time pro
bono.
July 20, 2021
Op-Ed: California
Supreme Court Can Fix Conservatorship Lawyering Mess
OP-ED: The
Daily Journal published a commentary today pointing to California's top
court as the best way to fix a mix of systemic problems that undermine
the constitutional right of adults with disabilities to have effective
legal representation in probate conservatorship proceedings. The
supreme court has ultimate responsibility for ethical and professional
standards for attorneys who practice law in California's probate courts.
It also supervises the State Bar's complaint and discipline system.
With such power comes responsibility. The commentary, written by
attorney Thomas F. Coleman, urges the court to start the process of
cleaning up an obvious mess off bad lawyering by convening a
Workgroup on Conservatorship Right to Counsel Standards. The
blue ribbon panel would investigate what appears to be a pattern and
practice of deficient legal services for conservatees and proposed
conservatees and make recommendations on what steps the court should
take to ensure that vulnerable adults in these proceedings receive
effective legal representation by a lawyer who is loyal and provides
zealous advocacy. The Daily Journal is California premier legal
newspaper, read by thousands of attorneys, judges, and public officials.
To read the commentary,
click here.
REQUEST: Today, a formal
request was received by the Supreme Court to create such a
workgroup. It was submitted by Spectrum Institute and 10 other
organizations representing a variety of interests and constituencies.
PRESS RELEASE: For a press release about the request,
click here.
NEWSWIRE: To read the news release via Newswire,
click here. For a report on the state and national media that
published the story on their websites,
click here.
CEAR: The
Center for Estate Administration Reform (CEAR) forwarded our press
release to California Assemblyman Evan Low and Senator Ben Allen urging
them to ensure passage of conservatorship reform legislation requiring
attorneys to zealously advocate for the rights of conservatees and
proposed conservatees. For a copy of the message,
click here.
July 20, 2021
Long Beach Bar
Association Supports Our Request to the Supreme Court
Many
thanks to Erin Peterson, executive director of the Long Beach Bar
Association, for facilitating the association's endorsement of the
request we filed today with the California Supreme Court. It asks
the court to convene a Workgroup on Converatorship Right to Counsel
Standards. Erin has been very helpful in the past in
arranging for webinars for members of the association on a variety of
problems and solutions associated with probate conservatorship
proceedings in California. The members of the Long Beach Bar Association
include over 400 attorneys, judges of the Los Angeles Superior Court,
justices of the California Appellate Court, and other legal
professionals from throughout the greater Long Beach area, including
many cities in Los Angeles and Orange Counties. The mission of the Long
Beach Bar Association is to serve the members of the Association,
lawyers, the judiciary, and the general public by: improving the skills
of and providing educational opportunities for lawyers; Creating
opportunities for professional collegiality and interaction with the
judiciary; and providing assistance and education to the public as they
seek to access the legal system.
July 9, 2021
Day of Reckoning is
Coming for Britney Spears Court-Appointed Attorney
The
Southern California Record published a news story today quoting
extensively from an interview with Thomas F. Coleman, legal director of
Spectrum Institute, about the consequences that may occur to the
court-appointed attorney for Britney Spears. If what Spears
says is true -- and there is no good reason to doubt her -- she
was betrayed by attorney Sam Ingham III in a variety of ways. At
the beginning of the case he argued against her right to have an
attorney of her choice. Throughout the case she says she was
abused and exploited by her conservators and yet it appears the attorney
never brought this issues to the attention of the court. Rather
than filing a petition to terminate her conservatorship as she wants, he
instead asked to resign. If the court finds that some or all of
these matters are true, the judge could order him to repay millions of
dollars in legal fees that he received out of her assets. He could
also be referred to the State Bar for investigation and discipline.
To read the story,
click here.
July 7, 2021
Daily Journal
Op-Ed: Spears Conservatorship Shows Need for Stronger Laws on
Right to Counsel
The
Daily Journal published a commentary today written by Thomas F.
Coleman, executive director of Spectrum Institute. The article explains
how current laws that supposedly protect the right to counsel of choice
in a conservatorship proceeding were repeatedly ignored by judges and
attorneys involved in the case of Britney Spears. Coleman argues that
the California Legislature needs to reaffirm the right to counsel of
choice, and specify that every conservatee or proposed conservatee is
entitled to be represented by a lawyer who advocates for the client’s
expressed wishes and defends their constitutional and statutory rights.
The attorney's loyalties should be to the client, not to the court.
Statements Britney made at the most recent court hearing show that her
court-appointed attorney failed her miserably. The op-ed suggests
actions that could be taken by the judge in Britney's case to remedy her
lawyer's apparent ethical violations and his failure to adhere to the
Rules of Professional Conduct. To read the article,
click
here.The Daily Journal is California's
premier legal newspaper.
Washington Examiner Quotes Spectrum Institute on Growing Public
Awareness of Conservatorship Abuses
The Washington Examiner ran a news story today about the growing
political interest in conservatorship and guardianship abuses -- noting
that politicans from both major paries are now focusing on the issue.
Much of this is due to media attention generated by the Free Britney
movement to the conservatorship of pop star Britney Spears. The
story quoted Thomas F. Coleman, legal director of Spectrum Institute.
"Conservatorship abuse is not a partisan issue. Like a contagious
disease, it can strike the wealthy or the poor, liberals or
conservatives, people of any race or religion,” Coleman told the
Washington Examiner. “People know that if this can happen to someone
as famous and powerful as Britney Spears, it could happen to them or
their parents or grandparents.” To read the full article,
click here.
June 30, 2021
We're Half Way to
Our Fundraising Goal
Less
than a week ago, Spectrum Institute launched a fundraiing campaign to
generate sufficient donations to cover the organization's annual
operating expenses of $5,000. The first phase of the campaign was an
email sent by the Chairperson and Executive Director to their friends
and associates as well as the closest supporters of Spectrum Intitute.
We are pleased to anounce that in the last few days we have raised
$2,600. One generous supprorter had his family foundation
contribute $1,000. An advisor to our Funding and Fees Review
Project donated $500. Other contributions ranged from $50 to $200.
The next step to attract donations is a request in the organization's
July newsletter. To commenorate Independence Day, we will be
posting a
special greeting on several social media patforms wishing people
with developmental disabilities the freedom and independence they
deserve. The posting will ask readers for donations to Spectrum
Institute to help us advocate for the rights of this population.
Please help us reach our goal by making a one-time or recurring
donation.
Click here
for our donation page. Spectrum Institute is a tax-exemt nonprofit
organization operating with the assistance of volunteer board members,
advisors, interns, and technical specialists.
Britney Spears
Testimony Underscores the Need to Pass SB 724
Testimony
from Britney Spears yesterday in court pointed toward a massive denial
of the right to effective assistance of counsel.It also disclosed major
violations of her constitutional rights.
As to the latter, she complained of
invasions of: her right to medical privacy; her right to procreate; her
First Amendment freedoms of speech and association; and her right to
privacy in her own home, having innumerable strangers there all the time
without her consent. As a virtual captive, she has been living in
involuntary servitude.
As to the former, an
alarm bell should have sounded when she testified that she did not know
she had a right to petition the court to terminate the conservatorship.
Her court-appointed lawyer had a duty to advise her of her rights. If
she was not so advised, then her court-appointed attorney was derelict
in his duty to advise her and to advocate for her stated wishes. As for
her stated wishes, another major newspaper reported that in 2016 and
again in 2019, Britney told the court investigator she wanted to end the
conservatorship. Her lawyer should have followed up on that by filing a
petition to terminate. But no such petition was ever filed. At the get
go of this case some 13 years ago, her right to a privately-retained
attorney of her choice was violated. She could certainly afford one.
Instead, the court imposed an unwanted attorney on her -- one with
loyalties to the court. It appears that her appointed attorney has not
been advocating for her stated wishes as is required by law.
SB 724 by
Senator Ben Allen protects the right to an attorney of one's choice. It
also emphasizes that an appointed attorney should be an advocate for a
conservatee as specified in the Business & Professions Code and the
Rules of Professional Conduct. That code and those rules would not
permit an attorney to ignore the wishes of the client and fail to
petition to terminate a conservatorship when that is what the client
wants to happen. SB 724 cannot be enacted soon enough.
ADA Project
Reaching Out to California's Superior Court Presiding Judges
The
ADA Judicial Compliance Project has been working its way through various
phases of educational and advocacy
activities. Today we entered phase three. Our legal intern, Maria de los
Angeles Reyes Olmedo, sent an email from the legal director of Spectrum
Institute to the presiding judges in all 58 superior courts throughout
California. The communication reminded them of the ADA duties the courts
have to litigants with cognitive disabilities even when a request for
accommodation has not been made. For a copy of the email,
click here. We are pleased that as a
result of Maria’s prior communications with ADA compliance officers,
some courts are updating their policies and adding an ADA grievance
procedure to their websites.
June 15, 2021
Welcome Konstantine
Anthony -- Our New Local Government Advisor
Konstantine
Anthony has accepted our invitation to be a local government advisor to
Spectrum Institute. He is a member of the Burbank City Council and
serves as a member of the Burbank Advisory Council on Disabilities.
Konstantine says that his advocacy for disability rights stems from his
autism diagnosis and witnessing the discrimination his fellow disabled
Americans experience every day. He is currently a candidate for the
position of chair of the Disabilities Caucus of the California
Democratic Party. Konstantine lists conservatorship reform as one of his
political priorities. He studied film at San Francisco State University
with a diverse group of students from all over the world. In 2004, he
moved to Burbank, where he became a union actor in film and television.
Konstantine spends as much time with his 9 year-old son as possible.
For the last few years, Konstantine has regularly attended Burbank PFLAG
meetings to support and learn from the LGBTQIA+ community. He believes
that California must abolish the subminimum wage, end conservatorship
abuse, and invest in accessible infrastructure for every city and town.
Konstantine recently tweeted: “One of the most heartbreaking facts in
California's conservatorship process is the inability of the conservatee
to retain their own legal counsel.” He notes that: “A newly proposed law
from Senator Ben Allen (SB 724) seeks to change that.” We look forward
to having his help and advice as we advocate for conservatorship reform
and seek to protect and advance disability rights.
June 10, 2021
Legal Advisors to
Assist Mental Health Project's Consequences Report
Two
interns are working on a
Consequences Report for the Mental Health Project of Spectrum
Institute. Emmi Deckard, a student from UCLA, is finishing Part One of
the report which will focus on adverse consequences to adults with
developmental when they are denied prompt and equal access to
appropriate mental health therapy when they need it. Kendall James, a
student from Loyola Law School, is developing Part Two of the report
which will identify legal consequences that should occur to the
“gatekeepers” to mental health therapy when they willfully or
negligently cause the delay or denial of such services. The initial
focus will be on conservators in California and guardians in Washington
State. Three attorneys have agreed to serve as legal advisors to Part
Two of the report. Evan Nelson is an attorney in California. Information
about Evan is found in the Legal Advisors section of the “Team”
page on our website. Dan Young and Camille Minogue are attorneys in
Washington State. Information about them appears below.
Dan
Young has been practicing law since 1978. He is the owner of Law Offices
of Dan R Young, a two-person general practice firm engaged primarily in
civil litigation in Seattle, Washington. The firm is committed to
helping people who are oppressed or exploited by those in positions of
power. He graduated from Stanford University and received a J.D. from
the University of California at Berkeley.
Camille
Minogue is a lawyer in the State of Washington. After a 25-career year
as an actuary, Camille undertook legal studies and became a lawyer in
2020. She has worked in the Law Offices of Dan R. Young since 2015
fighting for truth and justice alongside Dan. Camille also holds a Ph.D.
in Mathematics from Washington State University and is a
fourth-generation Washingtonian.
June 9, 2021
Encouraging Alameda
Public Defender to Create a Model Program
Spectrum
Institute met with the Alameda County Public Defender and his staff
yesterday.The meeting was
part of the research we are doing with our Funding and Fees Review
Project.We explained to
Brendon Woods, chief public defender, what the elements would be of a
model legal defense program representing conservatees and proposed
conservatees.At the
meeting, which lasted an hour, were Thomas F. Coleman, John Di Pietro,
and Ben Dishchyan from Spectrum Institute along with Brendon Woods,
Youseef Elias, and John Plaine from the Public Defender's Office.We hope to resume communications in the near future to determine
whether Alameda County is interested in creating a legal defense program
for conservatorship proceedings that could become a model for counties
throughout the state.
(Photo: Brendon Woods)
June 9, 2021
Outreach to ADA
Coordinators for California Superior Courts
Maria
Reyes Olmedo, legal intern with the ADA Judicial Compliance Project,
sent an
email yesterday to the ADA Coordinators with all 58 superior courts
in California.The message
informed them of a
webinar produced by Spectrum Institute for judges and judicial staff
about their ADA obligations in connection with court proceedings,
especially probate conservatorship proceedings where the court knows
that litigants are alleged to have serious cognitive disabilities that
may require accommodations in order to ensure access to justice in their
cases.In future emails to
these coordinators, we will be seeking information on their grievance
procedures as well as what they have in their ADA “toolkit” to assist
the court to fulfill its duty to ensure that conservatees and proposed
conservatees have effective communication and meaningful participation
in judicial proceedings in which they are involuntary litigants.
June 3, 2021
Tweet Supporting
Senator Ben Allen's Committment to Passing SB724
Spectrum Institute tweeted its approval of a tweet from
California state Senator Ben Allen that he is committed to having SB724
approved by the full Senate in January. The bill was placed in
suspense due to limitations on floor votes due to a Covid-19 backlog.
SB724 has provisions to strengthen the right to counsel for conservatees
and proposed conservatees -- seniors and adults with disabilities whose
fundamental rights are placedin jeopardy in these legal proceedings.
Spectrum Institute helped shape several aspects of this important
legislation.
May 25, 2021
Dr. Ginny Focht-New
Becomes Advisor to the Mental Health Project
Ginny
Focht-New,
PhD, PMH-CNS, BC has accepted our invitation to be a Mental Health
Advisor to Spectrum Institute. She is currently a Clinical
Associate Professor and the Clinical Director for the Clinical Services
for Vulnerable Adults clinic at Widener University. She is a certified
psychiatric clinical nurse specialist with an additional certification
in biofeedback and with the NADD (an association for people with
intellectual differences and mental health needs). Ginny has been
teaching social work students since 2006. Her courses range from
research, interpersonal processes, treating trauma, to assessment and
diagnosis of mental health conditions, and working with people with
intellectual/developmental disabilities. In addition, Ginny has
supported people with intellectual/developmental disabilities (ID) in
several capacities for 50 years. Most recently she has provided
consultation in several states. Ginny has been a therapist for almost 30
years. She has also provided legal expertise, has numerous
presentations, and also has publications in a variety of journals.
Ginny’s research interests focus on the education of people with
intellectual and developmental disabilities. Her professional
publications include: “Transformation through health teaching for adults
with intellectual and developmental disabilities: A qualitative study.”
Journal of Intellectual and Developmental Disabilities, 50(2), 129–139
(2012).
May 20, 2021
Right to Counsel
Bill Advances to Senate Floor in California
SB724
by Senator Ben Allen would improve the right to counsel in probate
conservatorship proceedings by: guaranteeing the right to counsel of
choice; mandating the appointment of counsel for conservatees and
proposed conservatees in the superior court and on appeal; and require
counsel to act as a zealous advocate for the conservatees or proposed
conservatee consistent with the Business and Professions Code and the
Rules of Professional Conduct. This is a major improvement over
existing law because superior court judges sometimes refuse to allow
litigants in these cases to have the attorney of their choice, superior
courts and appellate courts have not been appointing counsel at all in
some cases, and appointed attorneys often fail to advocate for the
client's stated wishes or defend their rights as a zealous advocate
would do. The bill has bipartisan support. It passed the
Senate Appropriations Committee yesterday on a vote of 7-0 and now
proceeds to a floor vote. Spectrum Institute was instrumental in
the development of SB724 and has been promoting these reforms for
several years.
May 19, 2021
Nevada Attorneys
Become Guardianship Advocacy Advisors
Two attorneys from Legal Aid Center of Southern Nevada have agreed to be guardianship
advocacy advisors to Spectrum Institute. The Center operates a
Guardianship Advocacy Program where a staff of 14 attorneys represent
hundreds of clients in adult guardianship proceedings. A video
interview with
its executive director, Barbara Buckley, explains how the program
operates -- with recruitment practices, training, performance standards,
and quality assurance controls that make it a model program that should
be replicated in states throughout the nation.
Jim
Berchtold managed the Center's Civil Law Self-Help Program from 2009 to
2017 when he took charge of the Guardianship Advocacy Program. He now
heads up the Center's Consumer Rights Project which, among other things,
protects seniors and adults with disabilities from unnecessary
guardianship and financial exploitation. Jim graduated magna cum laude
from the University of Utah in 1992 and from the University of Utah
College of Law in 1996, where he was a William H. Leary Scholarand
served on the Board of Editors of the Utah Law Review.
Debra
Bookout joined the staff of Legal Aid Center in the Consumer Rights
Project in 2013. The following year, she began representing vulnerable
adults in the Guardianship Advocacy Program. Debra served on the
Commission to Study the Creation and Administration of Guardianships in
Nevada’s Courts from July 2015 through September 2016. Debra was
promoted to Lead Attorney of the Guardianship Advocacy Program in July
2019. Debra earned a Bachelor’s degree from the University of Houston in
1986 and received her Juris Doctor from the University of Texas School
of Law in 1992.
May 18, 2021
Loyola Law Student
is Approved for Internship Program
Loyola
Law School in Los Angeles has given approval for Kendall James to be an
intern with Spectrum Institute. Kendall joins two other Loyola law
students and one undergraduate student from Washington State University
as summer interns.
Kendall is a first year law student with the intentions to obtain her
Juris Doctor degree in 2023. She graduated from Texas Christian
University with a Bachelor of Arts in Political Science and
Communication Studies, where she served her local community through
school-based organizations and conducted research for professors
regarding big industries and minority representation. For the past three
years, as well as being a student, she has been working as a tutor for
student-athletes and with school programming to ensure access to
academic resources. Kendall will be assigned to the Mental Health
Project to develop a report on the legal consequences to so-called
"gatekeepers" to mental health therapy when they willfully or
negligently contribute to the denial of such services to adults with
developmental disabilities who need such services. Gatekeepers
include primary care physicians, insurance companies, guardians or
conservators, service providers or coordinators, health care agents, and
parents who have assumed a caregiving role for their adult children.
May 17, 2021
California Judicial
Council Admits Lacking Basic Conservatorship Data
Spectrum
Institute sent an administrative records request to the Judicial Council
on April 27, 2021. It asked for records showing the number new
probate conservatorship petitions filed in the superior courts
throughout the state in 2019 and 2020. It also asked for records
showing the number of conservatees with active cases during those years.
The Council responded on May 14 indicating that it had only partial data
on new filings and that it had no records showing the number of
conservatees with active cases. As a result of this new
information, Spectrum Institute has written to the Judicial Council and
the Chief Justice urging them to fix this void in data collection and
reporting. The letter concludes with this observation:
"Administrative leadership of the judicial branch cannot provide
responsible oversight, engage in proper budgetary planning, or make
improvements in the administration of justice in conservatorships
without such basic data." For a copy of these materials,
click here.
May 13, 2021
Civil Rights Report
Sent to California Governor
Spectrum Institute sent a
report to California Governor Gavin Newsom today. Civil Rights
Agencies MIA for Conservatees with Developmental Disabilities calls
on the governor to investigate a void in civil rights advocacy that is
adversely affecting tens of thousands of conservatees and proposed
conservatees with developmental disabilities. For a copy of the
report, click here. For a copy of the
press release about the report, click
here. To watch a 5-minute video announcement about the report
and previous attempts to convince state civil rights enforcdment
agencies to protect this vulnerable class of individuals,
click here.
May 13, 2021
Spectrum Institute
Opens Twitter Account
Our social media intern,
Sarah Barlow, has opened an account for Spectrum Institute on Twitter.
The account is located at:
https://twitter.com/Spectrum_1987 Follow us @Spectrum_1987
Spectrum
Institute submitted a report today to the Judicial Council of
California. We received notification on May 11 that the report was
distributed to all members of the Judicial Council. The report documents
the need for the council to make an effort to collect and report data
from the superior courts on probate conservatorship proceedings.
The current collection and reporting process is woefully inadequate.
The following is an excerpt from the transmittal letter:
As I once asked in an
op-ed published in the Daily Journal, titled We Count What We Care
About, “How much does the judiciary care about the thousands of probate
conservatees who are under its protection?” I am sorry to say that my
answer was: “In a world of ‘counting equals caring’ the answer appears
to be that these judicial protectors are not really concerned about
their protectees.” Please prove me wrong. Start counting and
sharing reliable conservatorship data with the public. This report
documents the current data deficiency and suggests ways to fill this
informational void. The likely passage of several legislative bills this
year, with resulting increases in the judicial workload in
conservatorships, requires better planning. The time to start that
planning is now.
Limited
Conservatorship Advisor Joins Team at Spectrum Institute
We
are pleased to announce that Barbara Imle has accepted our invitation to
be a Limited Conservatorship Advisor to our organization. Limited
conservatorships are protective proceedings for adults in California who
have developmental disabilities. Barbara will work with the legal
director to develop a DDS Conservatorship Oversight Project.
The Department of Developmental Services (DDS), which oversees and funds
21 regional centers located throughout the state, should be
providing guidance to and monitoring the activities of regional centers
in connection with their role in establishing limited conservatorships.
Barbara is a doctoral candidate in the sociology department at Portland
State University, OR. Her current research is focused on the process of
establishing limited conservatorships of adults with intellectual and
developmental disabilities in California. Barbara, who has
disabilities herself, has some 15 years of professional experience
working in the disability service delivery system in California.
She was employed by two regional centers. This combination of
experiences has provided her with a solid understanding of the
complexities related to navigating the disability system, and the
challenges that people with disabilities and service agencies face.
Barbara is passionate about reforming the process of establishing adult
conservatorships in a way that values and protects the individual rights
and freedoms that so many adults take for granted. For a copy of
Barbara's thesis for her Master of Arts degree in sociology,
click here.
May 5, 2021
Op-Ed: Civil
Rights Agenies are Missingin Action for California
Conservatees
The
Daily Journal published a commenary today titled "Civil Rights Agencies
in California are MIA for Conservatees." The commentary was
written by Thomas F. Coleman, legal director of Spectrum Institute.
It discusses how the state's Department of Justice, Department of Fair
Employment and Housing, and Department of Developmental Disabilities --
all of which have civil rights enforcement powers -- are failing to
protect people with diabilities whose rights are routinely violated by
judges and court-appointed attorneys in probate conservatorship
proceedings. The paper is read by 7,000 attorneys, judges,
legislators, and lobbyists in California. For a copy of the commentary,
click here.
May 3, 2021
ADA Judicial
Compliance Project is Being Initiated
The arrival of an intern from Loyola Law School later this month
will enable Spectrum Institute to formalize an ADA Judicial Compliance
Project. The Project will analyze the policies of California’s
judicial branch entities and the practices of their officers, employees,
and agents to determine if they are in conformity with state and federal
disability nondiscrimination laws. Emphasis will be placed on
determining whether these policies and practices enhance access to
justice for litigants with mental disabilities, especially adults who
find themselves entangled in probate conservatorship proceedings.
The project will be directed by attorney Thomas F Coleman with research
assistance from law student Maria Reyes Olmedo.
May 1, 2021
Development
Associate to Assist Spectrum Institute with Fundraising
We
are pleased to announce that Jessilyn Matthias has volunteered to serve
as a Development Associate for Spectrum Institute. Jessilyn
lives and works in Moscow, Idaho.
She is a Program Technician at the University of Idaho Center on
Disabilities and Human Development (CDHD) where she does education
research for the Idaho Living Well grant project.
One goal of the project is to
improve education and advancement opportunities for direct support
individuals who assist people with disabilities.She also writes articles for the CDHD in-house newsletter and
gives presentations on self-advocacy. Jessilyn
has a B.A. degree in English and Technical Communications from Eastern
Washington University, and an M.S. degree in Adult Organizational
Learning and Leadership from the University of Idaho.
She has experience as a
successful grant writer and researcher for the Spokane Civic Theatre in
Spokane, Washington, and for the Moscow Habitat for Humanity in Moscow,
Idaho.Jessilyn has
right-hemiplegia cerebral palsy and was diagnosed with rheumatoid
arthritis at the age of four. She
has experienced mental health challenges in her life and is therefore
very interested in supporting our Mental Health Project.
Jessilyn looks forward to helping
Spectrum Institute raise funds through grant writing and to being part
of the organization’s team.
May 1, 2021
Students Join Our
Team as Summer Interns
Ben
Dishchyan: After earning a B.B.A. in finance from Loyola
Marymount University, Ben Dishchyan made the decision to attend law
school. He currently is a first-year law student graduating in May 2023
from Loyola Law School in Los Angeles, California. Prior to attending
law school, Ben worked in the elder care industry, placing elders in
affordable board and care facilities that met thier medical and personal
demands. Being a licensed insurance broker, he also has knowledge in the
sales and consulting of the insurance market. After law school, Ben’s
goal is to serve the public need and be a successful public interest
attorney. At Spectrum Institute he will use his work experience and
knowledge to provide legal research and advocacy to further the mission
of the organization. Ben's primary assignment will be assisting
with the Funding and Fees Review Project.
Maria
de los Angeles Reyes Olmedo: A legal summer intern, is a
second-year law student attending Loyola Law School in Los Angeles.
Maria was born in Guanajuato, Mexico, and they are a non-binary Mexican
immigrant and first-generation higher education student. Maria attended
Cal Poly Pomona for their undergraduate studies, majoring in Gender,
Ethnic, and Multicultural Studies, with a focus on Latinx/Chicanx
Studies, and minoring in Spanish. They enjoy conducting research and
writing, and presented their original research titled “Existimos
porque resistimos: Lyrics of Revolution and Resistance in Latin
America” at the National Association for Chicana and Chicano Scholars
Conference in 2017. Growing up as an undocumented immigrant exposed
Maria to the difficulties experienced by those who live in underserved
communities and form part of disenfranchised groups. Maroa is passionate
about becoming an active advocate for underserved people and will pursue
a policy and advocacy-oriented public interest career post-graduation.
Maria's primary assignment will be assisting with the ADA Judicial
Compliance Project.
Sarah
Barlow is a student at Washington State University Everett.
She will receive her bachelor's degree in Integrated Strategic
Communication in August 2021. Sarah has loved storytelling since
she was 12 years old. Over the years, Sarah has acquired a variety
of skills including public speaking, public relations, marketing, and
journalism. Every day she works to refine and enhance these skills
further. Sarah will work as a social media manager for Spectrum
Institute, managing and editing our accounts with Facebook, Instagram,
Twitter, LinkedIn, Get Response, Google, and YouTube. She will
also be an assistant producer with The Freedom Files podcast.
When she is not working on her storytelling skills, Sarah is out
traveling and enjoying time with her friends.
May 1, 2021
May is National
Mental Health Awareness Month
Spectrum Institute is pleased to participate in National Mental Health
Awareness month by placing a commemorative poster on the home page of
our website and including the poster in our May newsletter. May
was first designated as a time to promote the importance of mental
health in 1949 by an organization known as Mental Health America.
Spectrum Institute considers mental health to be such an important
matter for adults with developmental disabilities that we created our
own Mental Health Project several months ago. The project
advocates for the civil right to mental health services for this special
needs population. For more information about the project and its
activities,
click
here.
May 1, 2021
May Newsletter is
Available
The May Newsletter of Spectrum Institute is available in three formats.
It is sent to interested individuals and organizations by email.
It is also available in
pdf format and it is available as a
webpage.
May 1, 2021
Internship Page Has
Been Added to the Website
We have added an internship
page to our website. The page contains a listing of available
internship positions for college students, as well as the name, photo,
and short biography of the new interns for the summer of 2021 and the
interns who served us so well for in the spring. To visit the new
webpage, click here.
April 26, 2021
Video Blog: DOJ
Investigation of Alameda County Has Conservatorship Implications
This
video blog from Spectrum E-News discusses a recent press release from
the United States Department of Justice about its investigation of ADA
violations by Alameda County against adults with mental illnesses. The
investigation has implications for the way in which state and local
agencies are processing probate conservatorship cases. Perhaps the DOJ
will open a new investigation into the failure of these officials and
government employees to seriously search for less restrictive
alternatives for conservatorships for seniors with cognitive challenges
and adults of all ages with developmental disabilities. The DOJ
investigation has conservatorship implications for the entire state of
California. To watch the 4 minute video,
click here.
For a pdf of the slide show used in the video blog,
click here.
April 20, 2021
Op-Ed:
California Supreme Court is Responsible for Complaint System
Accessibility
Today
the Daily Journal legal newspaper published a commentary by Thomas
F. Coleman, legal director of Spectrum Institute. The article calls
attention to a major problem with the complaint and discipline system of
the State Bar of California: It is not accessible to people with
cognitive disabilities. This is especially true for seniors
experiencing cognitive decline or adults of all ages with developmental
disabilities who often find themselves ensnared in probate
conservatorship proceedings in which their assets or basic liberties are
in jeopardy. Because of the nature of their disabilities, these
involuntary litigants would not know when their attorneys are cutting
corners, willfully providing deficient legal services, or violating
professional ethics. As a result, they are in no position to file
complaints against such attorneys with the State Bar. The
commentary suggests ways in which the State Bar, which is an arm of the
Supreme Court, can modify the complaint system to make its benefits
available, even if only indirectly, to this class of vulnerable
individuals. To read the commentary,
click here.
The Daily Journal is read by 7,000 attorneys, judges, legislators,
business executives, and government administrators in California.
To see the article on the Daily Journal website,
click here.
April 19, 2021
California State
Bar Complaint System is Not Accessible to Clients with Cognitive
Disablities
Spectrum
Institute has sent a report to the California Supreme Court and the
State Bar of California to alert both entities that the State Bar's
complaint and discipline system for attorneys is not accessible to
litigants with cognitive disabilities in probate conservatorship
proceedings. Because such litigants lack the ability to identify
deficient legal services or to complain about them, the public entities
responsible for the complaint system to investigate and discipline bad
attorneys must make modifications to the policies and procedures of that
system to make its benefits available, directly or indirectly, to the
disabled clients of such attorneys. To read the report, which was
sent today to the Supreme Court and State Bar, and which will be the
focus of comments at the meeting of the State Bar Board of Trustees on
Friday, April 23, 2021, click here.
April 16, 2021
Progress Report
Sent to the Funding and Fees Review Team
Spectrum
Institute announced the formation of an Attorney Fee Review Team on
December 28, 2020. The review was intended to focus on two types of
attorney fees in probate conservatorship cases. One is attorney
fees paid from the assets of conservatees to a wide range of attorneys
involved in these cases. The other is fees paid from county funds
for legal services provided to indigent conservatees. The study is
being donducted by the legal director of Spectrum Institute with the
help of a research associate. A law student intern will join the
research project in May. Reports and recommendations will be
reviewed by a diverse team of advisors. The study has been renamed
as the Funding and Fees Review Project. Today the legal
director sent a progress report to the advisors about the preliminary
research that has been done to date. The report informs the advisors of
the direction the study is headed. To read the report,
click here.
April 13, 2021
Conservatorship
Reform Presentation Encourages More Focus on Solutions
Attorney Thomas F. Coleman,
legal director of Spectrum Institute, made a 45-minute presentation
yesterday at a National Guardianship Symposium. His presentation
identified the many parts of California's probate conservatorship system
that are broken -- offering specific reform proposals and identifying
the officials and agencies to whom each one should be directed.
The approach he suggested for California could be adapted to any of the
other 49 states which have guardianship or conservatorship systems that
are not functioning as they should be. Spectrum Institute can be
commissioned to perform a problem/solution agency-specific plan for any
state. Contact us if you are interested in discussing this for
your state. To watch the video of Coleman's presentation,
click here. Or
you can copy and paste the following link in a new window.
https://www.youtube.com/watch?v=gHn7FR57y38&t=6940s
April 11-12, 2021
Day Two of National
Guardianship Symposium Focuses on Solutions
Attorney
Thomas F. Coleman, legal director of Spectrum Institute, will present on
day two of AAAPG's National Symposium on guardianship reform. The
zoom forum is sponsored by Americans Against Abusive Probate
Guardianships. On the first day of the symposium (April 11) a
variety of speakers share stories of how they or their families were
victimized by abusive guardianship proceedings. The second day
includes presenters offering suggestions on how to tame the guardianship
beast. Coleman's presentation, which occurs at 11:15 am
(EDT) on April 12 is titled Conservatorship Reform: Shifting
the Focus from Complaints to Solutions. He explains
how various local, state, and federal officials and agencies have
jurisdiction to improve one or more parts of the complex conservatorship
system in California. The key to reform is crafting a specific
reform proposal and pitching it to an official or agency with authority
to deliver. Presenting a good proposal to the wrong official or
agency wastes valuable time and resources. The examples that Coleman
provides for California can be adpted to guardianship reform efforts in
other states. To view his PowerPoint presentation,
click here. To read the program for both days,
click here. For a press release, including information on how
to register ($15) and attend either day,
click here.
April 10, 2021
Video Blog Invites Comments on the Consequences of Denying or
Delaying Therapy
A 3-minute video
message from the team at the Mental Health Project has been added to the
Video Blog page of Spectrum E-News. Tom Coleman explains the
purpose of a new editorial reporting series titled Consequences.
Through independent research and with input from people with
disabilities, families, service providers, and advocates, intern Emmi
Deckard will start the series off with an investigative report on the
consequences to adults with developmental disabilities when they are
denied prompt and equal access to effective mental health therapies when
they are needed. Project Director Tina Baldwin explains the
importance of having the report include the insights of people who
observe or directly experience the consequences we are focusing on.
Emmi Deckard makes her own pitch for input from people involved in
person-centered planning process for and with adults who are part of
this special needs population. To view the video, which has closed
captioning, click here.
April 7, 2021
Distinguished Legal Advocate Becomes Advisor to Mental Health
Project
After
representing children and families in the Los Angeles child welfare
system as well as treating patients, Meriam Bendat, J.D., Ph.D., founded
Psych-Appeal -- the nation's first private mental health law firm in
2011. Since then, Dr. Bendat has helped patients and
providers successfully challenge the denials of mental health treatment
through administrative appeals and impact litigation, recovering
millions of dollars in wrongfully-withheld benefits.
Dr. Bendat is an attorney licensed by the State Bar of California as
well as a psychotherapist licensed by the California Board of Behavioral
Sciences. With a background in law, clinical psychology, marriage and
family therapy, and psychoanalysis, he serves as a consultant to
national mental health advocacy organizations and frequently makes
presentations on access to treatment and mental health parity. Dr.
Bendat is a member of the American Psychoanalytic Association Committee
on Government elations and a distinguished Ittleson Consultant to the
Group for the Advancement of Psychiatry. He has lectured at universities
around the country, including Yale Medical School, Butler Hospital
(Brown University), UCLA, and Antioch University. We are pleased that Dr. Bendat has accepted
our invitation to be an advisor to the Mental Health Project.
April 7, 2021
Spectrum Institute sent a
letter to the Senate Judiciary Committee of the Calfornia Legislature in
support of SB 724 which affirms and strengthens the right to counsel for
conservatees and proposed conservatees. The letter provides
reference materials and legal precedents that support each of the four
major components of the right to counsel protections in the bill. For a
copy of the letter, click here. For a
letter of support from the National Coalition on the Civil Right to
Counsel, click here. To
read the Judiciary Committee Report which was filed today,
click here.
There is no known opposition to the bill. Update (May 3, 2021): The
bill passed unanimously out of the Judiciary Committee on April 13 and
unanimouslyut of the Appropriations Committee on May 3.
To see the votes,
click here.
April 6, 2021
SB 724 Strengthens
the Right to Counsel
When
California State Senator Ben Allen (photo) first introduced Senate Bill
724 on February 18, 2021, it was a modest proposal. At that stage,
the bill specified that if a conservatee or proposed conservatee
expresses any preference for a particular attorney to represent them,
the court shall allow it even if the attorney is not on the court's list
of approved attorneys. While the bill may have been inspired by a
judge's refusal to allow Britney Spears to have her attorney of choice,
others have experienced the same denial of counsel, such as 84 year-old
Theresa Jankowski in Los Angeles or 24 year-old Elizabeth H. in Solano.
The bill was a modest way of protecting the right to counsel. Now,
however, Senator Allen has amended the bill to provide additional
protections. Courts in Sacramento and elsewhere will no longer be
able to deprive proposed conservatees of the right to counsel
altogether. If they don't have an attorney of choice, the court
must appoint one to represent them. Further, any
ambiguity in the role of counsel will be removed. The amended bill
says that such attorneys shall act as a zealous advocate for
the client. No more acting as a "best interests" attorney or
de-facto investigtor for the court. Finally, the bill will require
appellate courts to appoint counsel for conservatees whose cases come
before them in appeals or writ proceedings. No more situtions
where a conservatee like Catherine Dubro was treated as though she did
not exist, even though she was a respondent in an appellate proceeding
where tens of thousands of dollars of her assets were at stake.
While the amended bill does not contain all of the elements that
Spectrum Intitute would have liked -- such as authorizing the Judicial
Council to develop performance standards for appointed attorneys in
conservatorship proceedings, it is a major advancement for the right to
counsel in California. For that Senator Allen should be commended.
For a copy of the amended bill, which comes up for a hearing in the
Senate Judiciary Committee on April 13,
click here.
April 5, 2021
Washington Supreme
Court Brief Filed Today
Spectrum Institute and
Mental Health Advocacy Services filed a motion and memorandum today in
the Washington Supreme Court in the case of Dorothy Helm O'Dell.
Ms. Helm produced compelling evidence that she was financially exploited
in a guardianship proceeding in Washington State and is asking the
Supreme Court to review her case in order to secure justice for herself.
The motion and memorandum filed today ask the court to recognize that
this is not an isolated problem and to grant review in order to put into
place protections that will reduce the risk that other vulnerable adults
will be victimized in the future by professional fiduciaries. Many
thanks to Washington attorney Cheryl Mitchell for being the attorney of
record for the two organizations and to attorney Dan Young and his
colleague Camille Minogue for their guidance. The Law Office of
Dan Young represents Ms. Helm. For a copy of the amici curiae
(friends-of-the-court) motion, click here.
For a copy of the memorandum, click here.
(Image by Top 10 website) Update (April 14):
The Supreme Court accepted the brief for filing and will consider it
when deciding to grant review. For a copy of the court's order,
click here.
April 4, 2021
Video Blog Posted
Today on Autism Awareness +
Spectrum E-News posted a
video blog today titled Autism: from awareness to acceptance to
appreciation. In the blog, attorney Thomas F. Coleman
acknowledges that April has been designated by some organizations as
Autism Awarness Month. One group has called for a redesigntion to
Autism Acceptance Month. In the blog, Coleman takes it one step
further -- to appreciation. He calls out four autistic individuals
to whom he expressed his appreciation. With the help of family,
friends, and supporters, these individuals fought back against an
oppressive conservatorship system and in the process they advanced civil
rights for all people with disabilities who are targeted by these
proceedings. To watch the 3-minute video,
click here.
April 2, 2021
Legal Newspaper
Publishes Commentary on Grand Juries
The
Daily Journal legal newspaper published a commentary today about how
civil grand juries can become a new method to promote probate
conservatorship reform. Although conservatorship proceedings occur
in state court, many of the functions pertaining to conservatorships or
less restrictive alternatives are functions of county government.
Grand juries have the authority to investigate inefficiencies or
dysfunctional aspects of county government operations. The
commentary suggests that a top investigative priority for grand juries
should be the manner in which county governments fund the legal services
provided to indigents who become targets of conservatorship petitions.
For a copy of the commentary, click here.
April 2, 2021
Our April
Newsletter is Available
The April 2021 newsletter of Spectrum Institute has just been released.
Please share it with your friends and colleagues. The newsletter
contains a variety of articles about our activities during the month of
March. For a pdf copy of the newsletter,
click here. If you would like to read it online,
click here.
April 1, 2021
New Advisor to
Mental Health Project
Attorney
Jenny Farrell has accepted our invitation to be an advisor to the Mental
Health Project of Spectrum Institute. Having an attorney with
experience in mental health law will be of great value to the project.
Ms. Farrell serves as the Executive Director
of Mental Health Advocacy Services (MHAS). MHAS
has been a leader in the disability rights movement and specifically in
the fight for equal rights for people with mental health disabilities
for over forty years. Through a combination of direct services, impact
litigation, policy advocacy, education, and technical assistance, MHAS
advocates for the civil rights, full inclusion, and equality of adults
and children with mental health disabilities. As Executive Director,
Jenny is responsible for overseeing the administration, programs,
and strategic plan of the organization. Jenny earned her B.A. degree in
Government from Smith College and her J.D. degree from the University of
Southern California Gould School of Law. She is licensed to practice
law in the State of California.
March 29, 2021
Washington State Radio
Station Focuses on Guardianship Abuse
Thomas F. Coleman, legal director
of Spectrum Institute, appeared today on The Morning News
with Mike Davis. Mike interviewed
Tom about the case of Dorothy Helm O'Dell. Tom explained how
Dorothy fought back and refused to surrender to exploitative and abusive
legal maneuvers which a judge in Yakima
County allowed to happen and the Court of Appeal swept under the
judicial rug. Dorothy's petition to the Washington Supreme Court is
pending. To listen to the 5-minute radio segment,
click here and then click on "open this page in a new window."
Thanks to an excellent defense provided
by attorney Dan Young, Dorothy escaped without being forced into a
guardianship. However, her assets were entirely depleted by the
fees charged by the professionals who tried to take control of her life.
A petition for review is asking the Washington Supreme Court to place
controls in the guardianship system that will prevent fees from being
awarded when fiduciaries do not act in good faith. Such controls would
benefit a variety of vulnerable adults, such as seniors with cognitive
challenges, adults struggling with mental illnesses, and adults of all
ages with developmental disabilities. For a press release about
the case, click here. To read the
essay titled Dorothy Won't Surrender,
click here. Dorothy's
case highlights the need for guardianship reform in Washington State.
Perhaps Congress should include Washington in its agenda if it holds
hearings into abusive guardianship practices by state courts that
violate the federal civil rights of Americans. For a copy of a
letter from Spectrum Institute and 14 other organizations calling for
congressional hearings, click here.
March 24, 2021
Public Defender
Conservatorship Training Uses Spectrum Institute Materials
The
California Public Defenders Association is conducting a webinar today
and tomorrow to train attorneys on how to effectively represent clients
who have been targeted by probate conservatorship petitions. The
lead presenter on day one is Susan Sindelar, a deputy public defender in
Santa Barbara County. Written materials accompanying her presentation
include two publications released by Spectrum Institute. One is
our 2020
Capacity Assessment Report. The other is a set of model
jury instructions we developed for limited conservatorship cases.
March 22, 2021
News Story Explains
Our Call for Congressional Hearings
A story was published yesterday by Union Square Times focusing
on the letter sent by Spectrum Institute and 13 other organizations to
Rep. Jerry Nadler (D-NY). The letter called for
congressional hearings into abusive practices in conservatorship
proceedings in California and guardianship proceedings in other states.
Nadler is the chair of the House Judiciary Committee. To read the
story, written by Juliette Fairley,
click here.
March 21, 2021
An Essay for World
Down Syndrome Day
World Down Syndrome Day (WDSD), March 21, is a global awareness day
which has been officially observed by the United Nations since 2012.
Tina Baldwin, chair of the board of trustees of Spectrum Institute has
written an essay to commemorate the occasion. To read the essay,
click here.
March 17, 2021
Webinar Today for
Long Beach Bar Association
Thomas F. Coleman, legal director of Spectrum Institute, is a guest
speaker at a webinar hosted today by the Long Beach Bar Association.
Coleman's lecture identifies 11 specific problems with the probate
conservatorship system in California along with a suggested solution for
each one of them. Attorneys who attend the webinar may receive one
hour of continuing education credit approved by the California State
Bar. In addition to members of the local bar association, other
lawyers attending the webinar include public defenders from 12 counties
in California and staff attorneys from the California Legislature.
For a copy of the pdf of Coleman's PowerPoint presentation,
click here.
March 15, 2021
A Call for Hearings
by California Assembly Committee
Spectrum
Institute sent a letter today to Assemblymember Mark Stone (photo)
reminding him that the problems with the conservatorship system we
brought to his attention four years ago still persist. Now, as
then, we call on him as chair of the Assembly Judiciary Committee to
conduct oversight hearings to identify systemic problems and develop
solutions. Our letter informed him that we recently wrote to the
chair of the House Judiciary Committee of the United States Congress
calling for hearings into the ongoing violations of the federal civil
rights of seniors and people with disabilities that are being
perpetrated by California's conservatorship system. How much more
appropriate it would be for hearings to be conducted in Sacramento
rather than Washington D.C. For a copy of our letter to Chairman
Stone, click here.
March 13, 2021
Civil Rights Rule
Maker Updating California's ADA Regulations
The
Fair Employment and Housing Council will meet on March 19, 2021 at 1:00
p.m. The meeting is open to the public and accessible online.
The Council is charged by law to adopt regulations to interpret and
implement state statutes prohibiting discrimination. Among those
statutes is Government Code Section 11135 which prohibits disability
discrimination by state agencies and by programs funded by the state.
This statute applies to superior court proceedings, including probate
conservatorship proceedings. For more than one year, Spectrum
Institute has been in communication with the Council about the
importance of adopting specific relations that make it clear to judges
and appointed attorneys that they have duties to protect the right of
conservatees and proposed conservatees to effective communication and
meaningful participation in these proceedings. This may require
judges modifying court policies or attorneys to provide disability
accommodations to clients with cognnitive disabilities. To read an
email sent to the Council on this matter,
click here. To access the meeting online at 1:00 p.m. on March
19, click here.
March 13, 2021
California State
Bar Trustees to Hear from Spectrum Institute
Thomas
F. Coleman, legal director of Spectrum Institute will speak at a meeting
of the Calfornia State Bar Board of Trustees on March 19. Coleman
will urge the Bar to devote time and resources to address the problem of
deficient legal services being provided to low- and moderate-income
Californians who become entangled, involuntarily, into probate
conservatorship proceedings. In addition to initiating pro-active
measures to address this problem – which the State Bar has not yet done
– Coleman will suggest that the State Bar should support bills that
protect the right to counsel and oppose those that diminish this right
by undermining access to a competent attorney who provides zealous
advocacy adhering to ethical rules of loyalty and confidentiality.
To read an email Coleman sent to the Trustees about these issues,
click here. The meeting is
open to the public online. The public comment segment will occur
shortly after the meeting begins at 9:00 a.m. on March 19. For
information on how to access the meeting,
click here.
March 9, 2021
British Podcast
Shines Light on Abusive Conservatorships in Calfornia
Defiance News has just
released several episodes of a podcast focusing on the abusive
conservatorship of entertainer Britney Spears and several other cases
involving civil rights violations by the conservatorship system against
adults whose ages range from 30 to 80. Part III of the series
prominently features the advocacy activities of Spectrum Institute.
For more information about the episode,
click here. To listen to this segment (54-min),
click here.
March 9, 2021
Organizations Call
for Congressional Hearings into Rights Violations in State
Conservatorship and Guardianship Proceedings
Several
advocacy organizations have joined a letter sent today from Spectrum
Institute to United States Representative Jerry Nadler (D-NY). Nadler
(photo) is the chair of the House Judiciary Committee. The letter urges
the committee to hold hearings on violations of civil rights that
routinely occur in guardianship and conservatorships proceedings in
state courts throughout the nation. It encourages the committee to
draft legislation that will strengthen the role of the federal
government in protecting the constitutional right of due process and
federal civil rights of Americans who are drawn into these proceedings.
Joining our letter is: Harvard Law School Project on Disability
(Massachusetts); TASH (Washington, DC); Americans Against Abusive
Probate Guardianships (Florida); National Disability Institute
(Washington, DC); Washington Autism Alliance (Washington); Center for
Estate Administration Reform (North Carolina); Mental Health Advocacy
Services (California); Bettys' Hope (California); Kasem Cares
(California); People First of Washington (Washington); Self Advocates in
Leadership (Washington); Sage Eldercare Solutions (California); and
Hearing Loss Legal Fund (Utah). To read a copy of the letter,
click here.
March 9, 2021
Records Requests
Being Sent to All California Superior Courts
No
state official or agency in California keeps statistics on probate
conservatorship cases. How many new petitions are filed annually in the
state? How many open cases are there? In other words, how many seniors
and people with disabilities are superior court judges in California
protecting through conservatorship orders? As attorney Thomas F. Coleman
once wrote in an op-ed article published in the Daily Journal legal
newspaper: “We Count What We Care About.”
The Chief Justice and Judicial Council apparently don’t care very much.
They have not been counting the number of adults who are being protected
by the superior courts throughout the state. Spectrum Institute intends
to find out the answer. Our intern, Emmi Deckard, is sending out
administrative records requests under Rule 10.500 of the California
Rules of Court. The requests ask each superior court for records showing
the number of new petitions filed in 2019 and 2020 and the number of
open cases at the end of each of those years. We have already received
partial information from the Alameda Superior Court. It is unfortunate
that we have to do something that the Judicial Council should itself
have been doing for years. However, rather than complaining we are
rolling up our sleeves, so to speak, and seeking the information
ourselves. We will share our findings when this research project
is complete.
March 9, 2021
Professor Emeritus
Becomes Advisor to Mental Health Project
James
A. Mulick, Ph.D. is a professor emeritus in the departments of
pediatrics and psychology at Ohio State University and at Nationwide
Children’s Hospital. His research has focused on developmental and
behavioral pediatrics, emphasizing the application of behavior analysis
in the treatment of autism and other developmental disabilities. As a
member of the Council of Representatives of the American Psychological
Association, Dr. Mulick advocates for the right of individuals with
developmental disabilities to effective treatment. He is a fellow of
four Divisions of the APA: Div. 1 (Society for General Psychology); Div.
25 (Behavior Analysis); Div. 33 (Intellectual and Developmental
Disabilities/Autism Spectrum Disorders); and Div. 37 (Society for Child
and Family Policy and Practice). Dr. Mulick is a recipient of a
Lifetime Achievement Award from the Ohio Psychological Association, the
John W. Jacobson Award for Critical Thinking from Div. 33, and the Karl
F. Heiser APA Presidential Award for Advocacy. He is a published author
in the scientific literature in his specialties and an editor or
co-editor of 16 books, to most of which he was also a chapter
contributor. Dr. Muick studied psychology at Rutgers College in New
Brunswick, NJ, and earned his doctorate at The University of Vermont.
March 6, 2021
Spectrum Institute Adds New Board Member
Sheri
Kellogg has become a member of the board of trustees of Spectrum
Institute. She has been a resident of Napa, California since 1971.
After growing up in that community, Sheri raised three children in Napa,
each of whom attended local schools and then went on to obtain college
degrees.
Sheri has contributed to her community
over the years as an entrepreneur in a mix of areas, ranging from real
estate lending to owning a caregiving franchise in both Napa and Redding
for nearly a decade. The primary focus of her caregiving business
was to advocate for the needs of seniors and those with different
abilities while at the same time promoting their ability to be as
independent as possible.
Sheri’s passion for advocating for
these often-marginalized members of society comes from her experience as
a single mother for 23 years as well as being someone who believes in
the value of the elderly and those with different abilities. While she
was the owner of two Comfort Keeper’s franchises, Sheri gained a greater
understanding that elderly and differently-abled individuals need strong
advocacy in addition to caregiving services. They also need help
navigating through the maze of social service systems in order to secure
the financial and other assistance for which they are eligible.
Sheri has recently been supporting the
advocacy goals of Spectrum Institute through her expertise as a Brand
and Marketing Strategist. She has honed successful techniques for using
social media platforms to educate the public on important issues, while
at the same time attracting people to participate as volunteers or
donors to help an organization more effectively advance its mission.
Sheri is sharing those techniques with the executive director and social
media coordinator of Spectrum Institute, coaching them as they implement
various strategies for growth and awareness of Spectrum Institute’s
purpose.
We are pleased to welcome Sheri
Kellogg to the board of trustees.
March 5, 2021
Mental Health Project Gains New Advisor
We
are pleased to announce that Jose R. Rosario has accepted our invitation
to be an advisor to the Mental Health Project. Jose is a speaker,
author, and above all, an advocate. As a member of many diverse identity
groups, Jose recognizes that common experiences bring people together
and that taking stock of who we are gives us power. Jose wants to
inspire others to acknowledge their identities, share their stories and
empower those who are underrepresented to rise. As a mental health
professional, Jose understands that this empowerment, and the creation
of a space to be vulnerable, can lead to individual and group growth,
awakening agents for change. Jose is a Clinical Psychology Ph.D. student
at Clark University studying the factors associated with collective
trauma and healing within silenced communities. From this passion, Jose
launched The Phoenix Empowered, an organization focused on mental health
disparities in minoritized groups. In addition, he is an Expressive Arts
Facilitator through the PeaceLove Studios.
March 4, 2021
March Newsletter is Now Available
Spectrum
Institute has just released
the most recent issue of the organization's online newsletter. It
is a function of Spectrum E-News, our news and editorial division.
Thanks to Emmi Deckard, a college intern from UCLA for her assistance in
producing the newsletters for February and March. The current
newsletter has a special message from Tina Baldwin, director of the
Mental Health Project. With the addition of several new advisors,
it shows that our organization is growing. There are also news
items about our activities with the California Supreme Court and
California Legislature. To access a pdf version of the newsletter,
click here.
March 4, 2021
Video Blog on Developmental Disabilities Awareness Month
The
Video Blog of Thomas F. Coleman is a function of Spectrum E-News, the
editorial division of Spectrum Institute.Today’s blog discusses March as Developmental Disabilities
Awareness Month.Each
March, organizations and individuals throughout the United States engage
in a variety of activities to raise awareness about the inclusion of
people with developmental disabilities in all areas of community life,
as well as awareness to the barriers that people with disabilities still
sometimes face in connecting to the communities in which they live.To access the 4-minute blog,
click here.
March 3, 2021
California Bill is a Trojan Horse Diminishing the Right to Counsel
A
bill was recently introduced in the California Assembly that undermines
the right of people with communication disabilities to have a legal
defense attorney in probate conservatorship proceedings.
Under the bill, if a court-appointed attorney personally believes the
conservatee or proposed conservatee is unable to communicate, the bill
mandates that the attorney inform the court. The judge may
then determine the inability to communicate without an evidentiary
hearing, without even laying eyes on the litigant, and without the need
for an ADA assessment, and without the need for any expert evaluation.
If the judge determines the individual is unable to communicate –
whatever that means – the judge must remove advocacy counsel and
appoint a guardian ad litem. The GAL, of course, has no ethical
duties of confidentiality or loyalty to the client.
The Daily Journal legal newspaper has published an op-ed by Thomas F.
Coleman, legal director of Spectrum Insttitute, which explains some of
the dangers of AB596.
Perhaps the author of the bill, Assemblymember Janet Nguyen, would
benefit by hearing from California disability rights advocates.
She introduced the bill at the request of the California Lawyers
Association – a trade group representing the interests of the lawfirms
who practice in probate court. The staff member assigned to the
bill is Emily Humpal.
emily.humpal@asm.ca.gov
A video blog was made to discuss the bill and its implications.
To watch the video,
click here.
Spectrum Institute's Chairperson, Tina Baldwin, sent the
following email today to all members of the Assembly Judiciary
Committee:
Dear Legislative Director:
I want to bring to your attention two
problems with AB-596 – a Bill Pertaining to Appointed Counsel in
Probate Conservatorship Proceedings. The bill has two parts and both are
seriously are flawed. I would like to request that you also share this
email with the Assemblymember. Thank you.
I have attached a
copy of a recent article written by attorney Thomas F. Coleman, legal
director of Spectrum Institute, in which he discusses the problems. It
was published today in the Daily Journal, California Lawyer. Here is
the link to the article:Daily
Journal.
If passed this bill will have a serious
negative impact on the right to counsel for many adults including
seniors, people with disabilities, and people who experience a medical
emergency such as aortic dissection which can leave them not
only quadriplegic but also unable to speak. This bill could potentially
impact anyone -- even you.
Tina Baldwin, Chairperson, Board of Trustees Spectrum Institute
March 1, 2021
Spectrum E-News Launches New Video Blog
Spectrum
E-News, the editorial division of
Spectrum Institute, has initiated a video blog. The blog will
feature periodic commentaries and news announcements from the
organization's executive director. The first blog, released on
February 28, explains the importance of a recent order of the California
Supreme Court depublishing an opinion of the Court of Appeal. Such
an order deprives an opinion of any precedential value, making it
binding only on the parties to the case. Unpublished opinions
cannot be cited as precedent in future cases. In this situation,
the depublication order was issued in the Conservatorship of O.B.
in response to a
request from Spectrum Institute. We objected to the opinion
because it deemphasized the importance of courts and attorneys seriously
considering less restrictive alternatives prior to an adult being placed
under an order of conservatorship. To access the new video blog
page on the website,
click here.
February 27, 2021
Advisor Reviews and Offers Suggestions on Capacity Assessment Report
Marshall
Kapp, J.D., M.P.H., a legal
and mental health advisor to Spectrum Institute, has submitted the
following review of a report titled
“Capacity Assessments in California Conservatorship Proceedings.”
The report was written by attorney Thomas F. Coleman and submitted to
the Chief Justice, Governor, and Legislature on July 1, 2020.
Tom,
Thanks for the opportunity to review this excellent report. My
general impression is that the report is so thorough in content, clearly
written, comprehensively supported, and specific enough in its
recommendations for action that elected officials ought to be able to
understand the points you are trying to convey. I’m sorry but not
surprised that no official response has been forthcoming yet; judging by
what I see on the nightly news, California has a plethora of problems
vying for attention.
In terms of prioritizing recommendations, obviously those not requiring
huge outlays of new dollars are most likely to be received positively.
In general, recommendations requesting educational activities are less
threatening than recommendations calling for actual change in
behavior/activity, such as establishing new governmental or private
bodies.
Thanks again for the opportunity to review and learn from your
impressive work on capacity assessment.
Best wishes,
Marshall
Marshall B. Kapp, J.D., M.P.H. (Colleges of Law & Medicine) was educated
at Johns Hopkins University (B.A.), George Washington University Law
School (J.D. with Honors), and Harvard University School of Public
Health (M.P.H.). Now a Professor Emeritus, he was the Founding Director
of the Florida State University Center for Innovative Collaboration in
Medicine and Law from 2010 through 2017, with faculty appointments as
Professor, Department of Geriatrics, FSU College of Medicine, and
Professor of Medicine and Law in the FSU College of Law. He also was a
Faculty Affiliate of the FSU Pepper Institute on Aging and Public Policy
and the FSU Institute for Successful Longevity. He currently is an
Adjunct Professor, Stetson University College of Law (teaching in the
Elder Law LLM program) and an Adjunct Professor at the FSU College of
Law (teaching in the Juris Masters program).
February 25, 2021
Legal Director to
Offer Conservatorship Reform Strategies at National Forum
Americans Against Abusive Probate Guardianship is sponsoring a national
Guardianship Symposium to be held online on April 11-12, 2021.
Registration is required. During this two-day forum experts will
interactively explore the growing threat of abusive guardianships and
conservtorships and offer strategies for reform. The first day
will identify problems with these "protective" systems. The second
day will focus on solutions. Thomas F. Coleman, legal director of
Spectrum Institute, is scheduled to speak on day two. His
presentation -- Shifting from Complaints to Solutions -- will
identify specific areas of the California conservatorship system needing
reform, offering concrete proposals to bring about needed reforms.
From his
presentation, attendees with learn: (1) how to divide the
conservatorship (guardianship) system into discrete segments; (2) how to
identify deficiencies in that segment pertaining to policies or
practices; and (3) how to craft solutions for each segment and then
pitch them to the appropriate official or agency with jurisdiction to
implement each proposal. To register for the forum,
click here.
February 25, 2021
Supreme Court's
Conservatorship Order Sends Message on Less Restrictive Alternatives
The California Supreme Court issued an order yesterday directing the
reporter of decisions not to publish an opinion of the Court of Appeal
in the Conservatorship of O.B. (Case. No. S266033). In an
appeal from an order granting a conservatorship of a young autistic
woman, the Court of Appeal had affirmed the order, issuing an opinion
that it certified for publication. Such an order makes the opinion
binding law throughout the state. The opinion gave short shrift to the
statutory requirement that less restrictive alternatives must be
considered and ruled out. That was of little concern to the appellate
court. Spectrum Institute asked the Supreme Court to order the opinion
depublished, arguing that the wording of the opinion could be
interpreted by attorneys and judges that the matter of less restrictive
alternatives was not that important. The Supreme Court granted the
request. As a result, the appellate opinion may not be cited as
precedent in the future. Such depublication orders are rare. The action
of the Supreme Court to issue such an order here sends a signal to
appellate justices and trial court judges not to treat the matter of
less restrictive alternatives so lightly. For a copy of our request to
the Supreme Court spelling out the arguments for depublication,
click here. For a v-blog commentary about the significance of this
Supreme court order,
click here.
February 23, 2021
National Disability
Rights Network Endorses the Civil Right to Mental Health Therapy
The
statement of legal principles supporting the right of adults with
developmental disabilities to full and equal access to mental health
therapy has been endorsed by the National Disability Rights Network.
NDRN is the nonprofit membership organization for the federally mandated
Protection and Advocacy (P&A) Systems and the Client Assistance Programs
(CAP) for individuals with disabilities. P&As and CAPs work to
improve the lives of people with disabilities by guarding against abuse;
advocating for basic rights; and ensuring access and accountability in
health care, education, employment, housing, transportation, voting, and
within the juvenile and criminal justice systems. The legal
principles were formulated last year by the Mental Health Project of
Spectrum Institute and have been endorsed by several state and national
organizations. To read the principles and the list of endorsing
organizations,
click
here.
February 21, 2021
Conservatorship
Bill Introduced to Protect Choice of Attorney
California
State Senator Ben Allen (D-Santa Monica) introduced a bill last week
that would require judges to allow conservatees and proposed
conservatees to be represented by the attorney of their choice. Allen's
legislative district includes a large area on the westside of Los
Angeles as well as several beach cities to the south.
Senate Bill 724 would add subdivision (d) to
Probate Code Section 1471, stating: “If a conservatee, proposed
conservatee, or person alleged to lack legal capacity expresses any
preference for a particular attorney to represent them, the court shall
allow representation by the preferred attorney, even if the attorney is
not on the court’s list of a court appointed attorneys” Spectrum
Institute has reached out to the senator’s legislative director to
discuss the bill. If enacted into law, SB 724 would help solve one part
of a much broader set of problems concerning the right to counsel for
seniors and people with disabilities in probate conservatorship
proceedings. For a report on the need for more comprehensive
legislation,
click here.
February 20, 2021
Distinguished
Professor Becomes an Advisor to Our Projects
Marshall
B.Kapp,
J.D., M.P.H. (Colleges of Law & Medicine) has accepted our
invitation to be an advisor to both the Guardianship Project and the
Mental Health Project of Spectrum Institute. Professor Kapp was
educated at Johns Hopkins University (B.A.), George Washington
University Law School (J.D. with Honors), and Harvard University School
of Public Health (M.P.H.).Now a
Professor Emeritus, he was the Founding Director of the Florida
State University Center for Innovative Collaboration in Medicine and Law
from 2010 through 2017, with faculty appointments as Professor,
Department of Geriatrics, FSU College of Medicine, and Professor of
Medicine and Law in the FSU College of Law.He also was a Faculty Affiliate of the FSU Pepper Institute on
Aging and Public Policy and the FSU Institute for Successful Longevity.
He currently is an Adjunct Professor, Stetson University College of Law
(teaching in the Elder Law LLM program) and an Adjunct Professor at the
FSU College of Law (teaching in the Juris Masters program).
Earlier, Kapp served as the Garwin Distinguished Professor of Law &
Medicine at Southern Illinois University School of Law and School of
Medicine and as Co-Director of the School of Law’s Center for Health Law
and Policy (2003-2009).He is
Professor Emeritus from the School of Medicine at Wright State
University, where, from 1980 through 2003, he was a faculty member in
both the Departments of Community Health and Psychiatry and taught
courses on the legal and ethical aspects of health care.He also was Director of WSU's Office of Geriatric Medicine and
Gerontology and held an adjunct faculty appointment at the University of
Dayton School of Law. We look forward to receiving his advice on our
effort to reform conservatorship and guardianship systems as well as our
effort to promote the right to mental health therapy for adults with
developmental disabilities.
February 16, 2021
Facebook Outreach
to Califonia Assemblywoman about AB 596 (Appointed Counsel)
Thomas F. Coleman, legal director of Spectrum Institute, posted today on
the Facebook page of California Assemblywoman Janet Nguyen, expressing
concerns about
AB 596 -- a bill she introduced dealing with appointed counsel in
probate conservatorship cases. The wording of her bill creates a
potential for mischief -- the possibility that seniors and other adults
with cognitive disabilities may be deprived of counsel without due
process of law. Coleman asked for an opportunity to speak with her
staff about this. For a report showing the need for more
comprehensive legislation to protect the right to counsel in these
cases, click here.
February 11, 2021
Latest Edition
of Monthly E-Newsletter is Released
Spectrum
E-News, the editorial and news division of Spectrum Institute, has
released its monthly newsletter. The February 2021 edition reviews the
growth and activities of the organization in January. We saw an influx
of college interns to help staff our projects and the addition of mental
health professionals as advisors to our Mental Health Project.
There were also additions to our Attorney Fee Review Team – a project
examining how public and private funds are being used to pay for legal
services in probate conservatorship cases in California. The
e-newsletter is being sent to recipients via email. It is also available
online and in a
pdf format. We appreciate the assistance of UCLA student Emmi
Deckard who helped edit and produce this edition of the newsletter.
February 10, 2021
Dr. Nirbhay N.
Singh Becomes an Advisor to the Mental Health Project
Nirbhay
N. Singh, Ph.D., FAPA, FAPS, BCBA-D, is a Clinical Professor of
Psychiatry and Health Behavior at the Medical College of Georgia at
Augusta University. He is also the CEO of MacTavish Behavioral
Health LLC, an agency devoted to training, research and consultation
focused on people who are disabled or disenfranchised. Formerly, Dr.
Singh was a Professor of Psychiatry, Pediatrics, and Clinical Psychology
at the Virginia Commonwealth University School of Medicine. He is
the author of 750 publications, including 26 books. His research
interests include mindfulness, mental health, assistive technology,
intellectual and developmental disabilities, Alzheimer’s disease,
post-coma patients, amyotrophic lateral sclerosis and multiple
sclerosis. Among his recent books, Dr. Singh has editedEarly
Intervention for Young Children with Autism Spectrum Disorder(with
Lang and Hancock),Handbook
of Evidence-Based Practices in Intellectual and Developmental
Disabilities, andHandbook
of Positive Psychology in Intellectual and Developmental Disabilities(with
Shogren and Wehmeyer). For about 30 years, Dr. Singh was an expert
consultant in psychology,
psychopharmacology, protection from harm, special education and mental
health with regard to the care of people with disabilities for the Civil
Rights Division of the Department of Justice (DOJ) in Washington, DC.
The DOJ investigates violations of the Civil Rights of Institutionalized
Persons Act.
February 9, 2021
B is for Broken:
Upcoming Conservatorship Webinar for Long Beach Bar Association
Probate
Conservatorships: A Broken System Needs Fixing. That's the focus of a
one-hour lunchtime webinar being presented by the Long Beach Bar
Asociation on March 17, 2021. As attorney Thomas F. Coleman walks
through the probate conservatorship process – from start to finish – he
will identify ways in which the system is failing adults with cognitive
disabilities, whether they are seniors with dementia or young adults
with developmental disabilities. For each systemic flaw that he
identifies, a specific reform will be suggested. Some will require
new legislation. Others will require new court rules. But in
the meantime, there are some DYI repairs that attorneys and state an
local bar associations can do to make the system operate more fairly. For a copy of the bar association's announcement,
click here.
February 8, 2021
Spectrum Institute
Solicits the Views of Experts on Judicial Ethics
Attorney
John Di Pietro, research associate with Spectrum Institute, is reaching
out to judicial ethics scholars at universities throughout the United
States. He is inviting them to review our report to the Supreme Court of
California titled The Domino Effect: Judicial Control of Legal Services. They are
being asked to share their views on the ethics of judges controlling and
managing legal services programs involving attorneys who appear before
them or their courts. Is it stepping over the ethical line when instead
of impartially deciding cases, judges engage in actions that expressly
or implicitly influence how attorneys represent their clients? Should
judges control the income stream of attorneys who appear before them by
deciding whether to appoint them to a case, how much they are paid, as
well as whether and how many future cases they are appointed to? Should
the judges be training or coaching the attorneys who appear before them?
We look forward to receiving feedback from these scholars. For a sample
of an email sent to these professors, click
here.
February 7, 2021
Mental Health
Project Sends Letter to Washington State Legislator
Tina
Baldwin, director of the Mental Health Project of Spectrum Institute
sent a letter to Senator Karen Keiser, chair of the Labor, Commerce, and
Tribal Affairs Committee of the Washington State Legislature. It was
also shared with other legislators and staff on the committee. The
letter informed them of the economic impact that the denial of
appropriate mental health services can have on adults with developmental
disabilities who are employed. Violations of the right to prompt and
effective mental health therapy can adversely impact state entitlement
programs. They can also have detrimental effects on workers in
financial and other ways. To read the letter,
click here. (Photo: Sen. Karen
Keiser)
February 5, 2021
Website Designer
Joins Team at Spectrum Institute
Jennifer Coleman will be designing and developing a new website for
Spectrum Institute. The executive director has selected a design
template and Jenny has started the planning process. Our website
will soon have a fresh new look and will be more user friendly.
Jenny is a multidisciplinary creative professional, graphic and web
designer. She is the owner of Solstice Marketing Design.
Jenny's other professional and personal passion is horse riding and
training. She is the owner of
Solstice
Sporthorses in Paris, Kentucky.
February 4, 2021
Loyola Law School
Offering Students Internships with Spectrum Institute
Michael
Waterstone, Dean of Loyola Law School in Los Angeles, recently intoduced
us to Sande L. Buhai, director of the school's Public Interest Law
Department. She is posting an announcement regarding the
availability of summer and fall internships for students with Spectrum
Institute. Interns will be assigned to a variety of research and
advocacy projects designed to secure equal rights and justice for people
with cognitive and communication disabilities. Students will work under
the direction of attorney Thomas F. Coleman, legal director of Spectrum
Institute. Coleman is an alumnus of Loyola, graduating from the
law school in 1973. To read the announcement,
click here. Udate:
(2-6-21) Four students have inquired about the
internships.
February 3, 2021
TechnologyConsultant Joins the Team at Spectrum Institute
Alex Sansevieri has become
a technology advisor to Spectrum Institute. Alex has been working as an
IT advisor, troubleshooter, and technician for individuals, businesses
and nonprofit organizations for two decades. He has extensive knowledge
in networking as well as a variety of technology solutions -- from
onsite to the cloud. Alex is the owner of
Sansevieri Technology
Consulting. We are pleased that we will have the benefit of
his advice and assistance as Spectrum Institute continues to develop and
expand our programs and activities.
February 3, 2021
Pioneer of LEGOŽ
Therapy Becomes Advisor to Mental Health Project
Daniel
B. LeGoff. Ph.D., LS. has accceted an invitation to be an advisor to our
Mental Health Project. He is a licensed and board-certified
pediatric neuropsychologist and the pioneer of LEGOŽ Therapy. He
specializes in the assessment and treatment of neurodevelopmental and
neurobehavioral conditions in infants, children, and adolescents. He is
the author of LEGOŽ-Based Therapy: How to build social competence
through LEGOŽ-based Clubs for children with autism and related
conditions (Jessica Kingsley Publishers 2014). Action for Aspergers
says this about the book: LEGO-Based Therapy defines a
particular therapeutic approach. Its aim is to provide a social
development intervention for children with Autism Spectrum Conditions
(ASCs). LEGO-Based Therapy teaches turn taking, sharing, making eye
contact when needed and social rules adherence (using greetings).
Children are encouraged to swap roles and tasks and engage in
intelligent conflict resolution and social problem solving with very
little adult intervention." More recently, Dr. LeGoff wrote How
Lego-Based Therapy for Autism Works. Through a series of case
studies, the book explains how and why Lego therapy helps to promote the
development of social skills for children with autism spectrum disorders
(ASDs) and related conditions.
February 3, 2021
Oregon Health and
Science University Professor to Advise Mental Health Project
Randall
Phelps, M.D., Ph.D. has accepted an invitation to be an advisor to our
Mental Health Project. He is a Developmental and Behavioral
Pediatrician and Associate Professor of Pediatrics at the Child
Development and Rehabilitation Center, Institute on Development and
Disability, Oregon Health and Science University. Dr. Phelps attends on
interdisciplinary teams to provide diagnostic assessments and care to
children with developmental disabilities and/or behavioral conditions
throughout the state of Oregon and surrounding states. He is
co-editor of Trauma, Autism, and Neurological Disorders Integrating
Research, Practice, and Policy (Springer2018) Topics
featured in the book include: the neurobiological contributors to
posttraumatic stress disorder (PTSD); fetal alcohol spectrum disorders
and its diagnosis in children with a history of trauma; interventions
for trauma and stressor-related disorders in preschool-aged children;
reactive attachment disorder (RAD) and autism spectrum disorder (ASD)
diagnosis and care in a cultural context; special population
consideration in ASD identification and treatment; and trauma and
neurodevelopmental disorders from a public health perspective.
February 3, 2021
Co-Authors of
Physchological First Aid Book Become Advisors
The
co-authors of Psychological First Aid for People with Intellectual and
Developmental Disabilities Who Have Experienced Sexual Abuse have
accepted our invitation to be advisors to the Mental Health Project of
Spectrum Institute. The book provides a complete, structured, and
evidence-based program for providing therapy to survivors of sexual
abuse with developmental disabilities.
Aafke Scharloo MSc. is a
clinical psychologist and remedial educationalist who has pioneered
international approaches to helping people with intellectual
disabilities recover from sexual abuse. Aafke is a consultant on special
cases throughout the Netherlands and lectures internationally on issues
concerning people with an intellectual disability, sexual abuse,
maltreatment and trauma.
Martine Spijker MSc. is a healthcare
psychologist, EMDR-practitioner and psychotraumatherapist. She
co-founded a treatment centre for helping children and young adults with
mild intellectual disabilities and trauma. Martine also runs a private
practice specialising in treating trauma and sexual abuse in children,
teenagers and young adults.
Simone Ebbers MSc. is a healthcare
psychologist, child psychologist, EMDR-practitioner and sexologist. She
runs a private practice assessing and treating trauma and sexual abuse,
and specializes in working with people with intellectual
disabilities.
January 31, 2021
Social Media
Advisor Providing Guidance on How to Attract More Support
We
are grateful to Sheri Kellogg, an experienced brand strategist, for
sharing her skills to help Spectrum Institute expand support for the
organization and its activities. Sheri has honed successful techniques
for using social media platforms to educate the public on important
issues while at the same time attracting people to participate as
volunteers or donors to help an organization more effectively advance
its mission. She is sharing those techniques with the executive director
and social media coordinator of Spectrum Institute and coaching us as we
implement her suggestions. Sheri provides marketing and advertising
consulting services thrugh her
365 Biz Agency
located in Napa, California. Prior to her career as a brand
strategist, Sheri was a franchise owner of Napa Comfort Keepers, a
business providing in-home care for seniors and people with
disabilities.
January 31, 2021
List of Advisors to
the Mental Health Project Continues to Grow
Gary
LaVigna, Ph.D. has become an advisor to our Mental Health Project.
He is the Clinical Director of the Institute for Applied Behavior
Analysis in Los Angeles. He spends much of his time consulting with
organizations on establishing nonaversive behavior support plans for
individuals exhibiting severe and challenging behaviors and presenting
seminars on the topic throughout the world. Dr. LaVigna's work is
reported in numerous articles and his coauthored books, such as
Alternatives to Punishment, Progress Without Punishment and The
Periodic Service Review: A Total Quality Assurance System For Human
Services and Education. He is also coauthor of New Directions
in the Treatment of Aggressive Behavior for Persons with Mental and
Developmental Disabilities. (Nova Science Publishers, Ltd. 2015)
January 30, 2021
Another New Advisor
for the Mental Health Project
We
are pleased to announce that Thomas Buckley, Ed.D. has accepted our
invitation to be an advisor to the Mental Health Project of Spectrum
Institute. Dr. Buckley has an impressive
curriculum vitae. For the past two years, he has been the
Director of Population Health at YAI --
a world class organization providing exceptional-quality, culturally
competent, person-centered services and supports to over 20,000 persons
with intellectual and developmental disabilities. Prior to that,
Dr. Buckley was the CEO and founder of The Buckley Medical Home -- operated by a
collaborative transdisciplinary team offering a healthcare delivery
approach focusing on the whole person with an Intellectual/Developmental
Disability (I/DD) and/or mental health conditions including progressive
dementia. He also
serves on the board of directors of the Commission on Accreditation of
Rehabilitative Facilities. CARF International is an independent
nonprofit organization that has accredited over 57,000 agencies,
certifying that they meet specialized standards of care for mental
health.
January 29, 2021
Sharing Information
with BuzzFeed News About Conservatorships
In
response to a request for information
about conservatorships of young adults in California, Spectrum Institute
sent documents to their investigative reporter. A film clip was also
shared. The story they are working on appears to focus on guardianship
interventions involving young people – a population that is often
neglected in stories written about financial exploitation of seniors. We
shared with the reporter a
synopsis
of six young adults with varying types of developmental disabilities
whose civil rights were violated in conservatorship proceedings. We look
forward to reading the story when it is eventually released.
January 28, 2021
Retired California
Judge Becomes an Advisor to the Attorney Fee Review Study
Retired
Superior Court Judge Stephen Lachs has become an advisor to the
Attorney Fee
Review Study being conducted by Spectrum Institute. The study is
examining how public funds as well as the personal assets of seniors and
people with disabilities are being used to pay for lawyer's fees and
legal services in probate conservatorship proceedings in California.
Preliminary research suggests that public funds are sometimes
subsidizing deficient legal services. Anecdotal evidence shows that
attorney fee awards being made by judges from the assets of conservatees
are sometimes excessive and unreasonable. Judge Lachs, and other team
members, will help Spectrum Institute identify problems in both areas of
concern and review proposed solutions. Lachs served as a superior court
judge for 20 years. His first assignment was in the mental health
division of the Los Angeles Superior Court. Prior to his appointment to
the bench by Governor Jerry Brown in 1979, Lachs was a supervising
attorney in the public defender’s office in Los Angeles County.
Lachs lives with his spouse in Rancho Mirage.
January 27, 2021
Mental Health
Project Gains an Advisor from the United Kingdom
Biza
Stenfert Kroese has accepted an invitation to become an advisor to the
Mental Health Project of Spectrum Institute. She is a Consultant
Clinical Psychologist and a Senior Researcher in the School of
Psychology at the University of Birmingham, UK, and Chair of CanDo, a
support service for parents with intellectual disabilities. Dr. Stenfert
Kroese is co-author of Cognitive Behaviour Therapy for People with
Intellectual Disabilities: Thinking Creatively (Palgrave Macmillan
2017). The book is based on the authors’ clinical experiences and
introduces novel approaches on how to adapt CBT assessment and treatment
methods for individual therapy and group interventions. It explains the
challenges of adapting CBT to the needs of clients with intellectual
disabilities and suggests innovative and practical solutions.
January 24, 2021
New Social Media
Coordinator for Spectrum Institute
Brent
Druding has joined the team at Spectrum Institute to serve as our social
media coordinator. Brent will be sharing information about our
organization and its various projects through social media platforms
such as Facebook, Linkedin, and Twitter, as well as through targeted
email communications. He will tailor our social media outreach to
audiences who will benefit by becoming aware of our research,
educational, and advocacy activities. Brent will help us connect and
commuicate with individuals, organizations, and networks, including
people with disabilities, their families and supporters, their
advocates, and their service providers. Outreach will also be directed
to lawyers, guardians, conservators, psychologists, social workers,
nonprofit organizations, and government officials and agencies. We are
grateful to Brent for his willingness to assist Spectrum Institute to
advance our mission in this way.
January 23, 2021
William C. Gaventa,
M. Div. is an Advisor to Our Mental Health Project
We
are pleased to announce that Reverend William C. Gaventa has accepted an
invitation to be an advisor to the
Mental Health
Project of Spectrum Institute. He is the chair of the National
Collaborative on Faith and Disability and Director of the Summer
Institute on Theology and Disability. As writer and author, Rev. Gaventa
served as Editor of the Journal of Religion, Disability, and Health
from 1996-2010. He edited the newsletter for the Religion and
Spirituality Division of the American Association on Intellectual and
Developmental Disabilities, was an adviser for the Spiritual and
Religious Supports Series for Exceptional Parent Magazine, and
was a columnist for Insight, the national newsletter of the Arc
USA. Rev. Gaventa is the author of Disability and Spirituality:
Recovering Wholeness (Baylor University Press - 2018)
January 23, 2021
Matthew P. Janicki,
Ph.D. is an Advisor to Our Mental Health Project
We
are pleased to announce that Dr. Matthew P. Janicki has become an
advisor to the
Mental Health Project of Spectrum Institute. Dr. Janicki is co-chair
of the National Task Group on
Intellectual Disability and Dementia Practices. He is a member of the
Federal Advisory Council on Alzheimer’s Research, Care, and Services.
Dr. Janicki is an associate professor in the Department of Disability
and Human Development at the University of Chicago. He is also a
research professor with the University of Maine's Center on Aging.
Dr. Janicki is the author of many books and articles on aging, dementia,
public policy, and rehabilitation of people with intellectual and
developmental disabilities, including Dementia, Aging, and
Intellectual Disabilities: A Handbook.
January 22, 2021
Mental Health
Project Explains the Right to a Support Person as an ADA Accommodation
The
Mental Health Project of Spectrum Institute has prepared an
informational brochure explaining that people with disabilities,
especially those who have cognitive disabilities, are entitled to have a
support person as an accommodation under the Americans with Disabilities
Act. As with any accommodation, the individual is entitled to an
effective support person. To be effective, the support person must be
someone the individual chooses or agrees to. Otherwise, the
“accommodation” may produce anxiety or distress rather than support. For
a copy of the new brochure,
click here.
January 21, 2021
Research Associate
Added to the Attorney Fee Review Team
Attorney
John Adam Di Pietro has agreed to participate as a research associate on
the Attorney Fee
Review Team. He will work closely with the project’s legal director
to investigate how probate court judges throughout California are
currently awarding attorney fees in conservatorship proceedings. His
background in municipal law will benefit the study as we examine how
county funds are being used to provide legal services to indigents in
these cases. John’s legal practice for the past 44 years has involved
legal representation for businesses as well as local governments. He
received his law degree from the University of Notre Dame. John lives
with his spouse in Palm Springs, California.
January 20, 2021
New Administration
Offers Hope for Vigorous Civil Rights Enforcement at DOJ
The
inauguration of Joe Biden as President and Merrick Garland as his
nominee to be Attorney General offers hope to those of us who have
looked to the U.S. Department of Justice to protect civil rights and to
enforce federal nondiscrimination laws. The DOJ has been in a civil
rights coma for the last four years. It is about to wake up. When it
does, Spectrum Institute plans to remind its leaders of the need for DOJ
investigations into violations of federal laws, including the Americans
with Disabilities Act, by judges, attorneys, and court-appointed agents
in state guardianship and conservatorship proceedings. We will be
sending letters to various officials in the DOJ, with specific requests
for DOJ assistance to deal with ongoing federal law violations by these
state actors. The letters will be posted here after they have been sent.
January 17, 2021
Register for Town
Hall Zoom Forum on California Conservatorships on Feb. 1 -- Open to the
Public -- Free
A
grassroots coalition of conservatorship reform advocates is sponsoring a
Town Hall forum on Zoom on February 1, 2021 from 11:00 am to 1:00 pm
(pacific time).
Register here.
Victims of probate court injustices, family
members, and community leaders will join with legal advocates to discuss
ongoing and systemic problems with the probate conservatorship system.
Hear the stories of victims such as former football quarterback
Erik Kramer. Listen to Kerri Kasem, daughter of the late radio
personality Casey Kasem, share the pain that families often experience.
Learn of the impact on local communities from community leaders such as
Alameda County Supervisor Nate Miley and Berkeley City Councilman Ben
Bartlett. #FreeBritney movement leaders will explain why they are
protesting the 13-year conservatorship nightmare of superstar Britney
Spears. Learn how the rights of young adults with developmental
disabilities are routinely violated. Legal experts will share
suggestions for legislative and judicial reforms. Become educated on the
issues and then join with others to expand the coalition working for
change.
The public is welcome to attend. There is no fee.
For more information, including instructions on how to register for the
Zoom forum, click here.
January 13, 2021
Our Staffing is
Augmented by Three More College Interns
Three more college students
have accepted internships with Spectrum Institute for the next few
months. Tanner Coe, a third-year student at UCLA, will
work with Tina Baldwin to develop the Mental Health Project. Tanner is a
Regents Scholar who is pursuing a Bachelor of Arts degree in public
affairs with a minor in disability studies. Emmi Deckard,
also a junior at UCLA will work with Tom Coleman as an associate
producer for The Freedom Files – a podcast cosponsored by
Spectrum Institute. She will also write feature stories about podcast
episodes and edit our monthly newsletter for Spectrum E-News –
a new division of Spectrum Institute. Emmi writes for the Daily
Bruin, the student newspaper at UCLA. She is pursuing a disability
studies minor. Trinity Pierce, a junior at Washington
State University, will serve a dual role as an associate producer for
the podcast and a feature story writer for Spectrum E-News.
Trinity is majoring in multimedia journalism
as well as Japanese. She has experience working as a journalist
with The Daily Evergreen, a student newspaper distributed at
200 campus locations and which has 70,000 online readers each month.
These three students will join our intern Maia Gryskiewicz,
a junior at Washington State University. Maia will record each
podcast episode and do post-production video and audio editing to make
the video and audio products ready for distribution. We are
grateful for the assistance of Angela Schweigert, a staff member at
Washington State University, for helping us secure the two interns from
that educational institution. We also appreciate the help and support we
received from Pia Palomo and Cyndi Tando, staff memers at UCLA, for
facilitating the two internships from that camus.
January 11, 2021
Presention to
Washington State Certified Professional Guardian Board
Tina
Baldwin, director of the Mental Health Project of Spectrum Institute
made a presentation today to the Certified Professional Guardian Board
of the State of Washington. She advised the board that in mid-December,
the CDC added people with Down syndrome to list of those most at risk of
severe COVID. She emphasized that COVID-19 is 10 times deadlier for
people with Down syndrome. She encouraged the board to share this
information with guardians. Since many guardians are responsible for the
care of people with Down syndrome, they should be monitoring closely to
ensure that residential staff are providing the same level of precaution
as they do for seniors. For her full remarks to the board,
click here. (Photo: Tina
Baldwin)
January 9, 2021
Commonwealth Club
CEO Gloria Duffy Joins the Attorney Fee Review Team
Dr.
Gloria Duffy has become a member of the
Attorney Fee
Review Team. She has been the president and CEO of the Commonwealth
Club of California since 1996. The organization is the nation's oldest
and largest public affairs forum. Every year, it presents hundreds of
forums on topics ranging across politics, culture, society and the
economy. Dr. Duffy has initiated several special projects at the
Commonwealth Club, including Voices of Reform (now the independent
organization California Forward). These efforts have convened experts
and stakeholders in challenging fields to build consensus for solutions
and action. She recently wrote a commentary titled “Courts should not be
a vehicle for elder financial abuse.” It was published on January 6,
2021 in the East Bay Times. In the article, Dr. Duffy explains how she
personally witnessed her mother’s assets being depleted by
court-authorized attorney fee awards in a conservatorship proceeding.
The article calls for major reforms in how attorney fees are calculated
and awarded in these cases. To read the commentary,
click here.
January 6, 2021
Alameda County
Public Defender is Added to the Attorney Fee Review Team
Brendon
Woods, Public Defender for Alameda County, has joined our
Attorney Fee Review Team. His office
employs 100 lawyers, 40 support staff, and 18 investigators.
Brendon has been with the Public Defender's Office in Alameda County for
24 years. He started as an interviewing attorney in 1996 and rose
through the ranks until he became the chief public defender in 2012.
He has served as the president of the California Public Defender's
Association. In 2018, Brendon successfully advocated to the Board
of Supervisors for the elimination of fines and fees for criminal
defendants in Alameda County, citing the significant financial burden
for low-income people. John Plaine, the attorney assigned to the
office’s probate conservatorship desk, will represent Brendon on the
review team.
January 5, 2021
Welcome to Our New
Podcast Intern
Spectrum
Institute is pleased to announce that Maia Gryskiewicz has accepted an
Production/Journalism internship position with our organization. She
will assist in the production of The Freedom Files – a
Pursuit of Justice
Podcast that will be hosted by attorney Thomas F. Coleman and
co-sponsored by Spectrum Institute. Maia will record the interviews on
Zoom, edit them for distribution on You Tube, and edit a second
audio-only version for distribution on the podcast’s website, Facebook
page, and through other podcast distributors. She will also summarize
the content of the podcast episodes to share them online with potential
audiences. Maia describes herself as “an enthusiastic and ambitious
third-year student studying Multimedia Journalism and Digital Technology
and Culture at Washington State University.” She will graduate in May
2021. Maia explains that she is passionate about visual communication
and loves combining her writing skills with her design skills to craft
beautiful, high quality brand communications and material. We look
forward to working with Maia on this important new venture.
January 5, 2021
Acclaimed
Videographer Becomes an Advisor to Our New Podcast
Adam
Soch, a videographer and editor with two decades of experience in pre to
post production projects, has agreed to serve as an advisor to The
Freedom Files – a
Pursuit of Justice Podcast. Adam has filmed and/or edited: live
performances, documentary films, tv pilots, web, educational and
promotional videos, projection design for performances and movie
trailers. Here is how Adam describes his history with and love of
videography: “I have had the opportunity to go around the world and
create videos that will make a difference: Africa, India, Eastern
Europe, Eurasia or South and Central America are just a few places I
have made documentary films. I work on projects that are close to my
heart. Issues like teen pregnancy, overpopulation, sexually transmitted
diseases, mistreatment of ethnic groups, religious fundamentalism,
inequality, the environment, global hunger, women's and gay rights.” We
are grateful to have someone of Adam’s experience and immense talent to
be a coach, mentor, and advisor to us on this project.
January 5, 2021
New Endorsement of
Civil Right to Mental Health Therapy Statement of Principles
Different
Brains has endorsed the
statement of
principles underlying the civil right of people with intellectual
and developmental disabilities to prompt and appropriate mental health
therapies when they are needed. Different Brains is
an organization that encourages understanding and acceptance of
individuals who have variations in brain functions and social behaviors
known as neurodiversity. The organization was founded by Harold “Hackie”
Reitman, M.D. (Photo) Hackie is an author, filmmaker, retired orthopedic
surgeon, former professional heavyweight boxer, and president (and
current board member) of The Boys and Girls Club of Broward County.
January 3, 2021
Inquiry Sent Today
to UC Berkeley Investigative Reporting Program
Spectrum
Institute sent a message today to the director of the Investigative
Reporting Program at the University of California’s Berkeley campus. The
message informs the director of an opportunity for students affiliated
with the program to investigate and report on systemic and systematic
problems with the probate conservatorship system in California. Her
attention was specifically drawn the study we have launched that will
investigate the way in which public and private money is being used to
finance deficient legal services for seniors and people with
disabilities who are targeted by and ensnared in these proceedings. For
a copy of the message, click here.
January 2, 2021
Inquiry Sent Today
to Public Defenders in California
The
study by
Spectrum Institute into attorney fees in probate conservatorship cases
in California has begun. An inquiry was sent today to the public
defenders in all 58 counties. It asks them to provide information
foundational to our review of the use of public funds to pay for legal
defense services in these cases. To read the email message,
click here. Update: (1-12-21) Public
defenders from the following 51 counties have responded with relevant
information: Alameda, Amador, Butte, Colusa, Contra Costa, Del Norte,
Fresno, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los
Angeles, Madera, Marin, Mariposa, Merced,
Mendocino, Modoc, Mono, Monterey, Napa, Placer, Plumas, San Mateo, Santa
Barbara, Santa Clara, Solano, Sonoma, Nevada, Orange, Riverside,
Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San
Juaquin, Santa Cruz, Sierra, Siskiyou, Stanislaus, Sutter, Tehama,
Tulare, Tuolumne, Ventura, Yolo, and Yuba. Not respondng are: Alpine,
Calaveras, El Dorado, Glenn, San Luis Obispo, Shasta, and Trinity.
January 2, 2021
Welcome to Our New
Board Member
Brook
J. Changala has become a member of the board of trustees of Spectrum
Institute. Brook is a civil law
attorney with experience in probate litigation. He attended UCLA
where he obtained a Bachelor of Arts degree in history. He
graduated from Loyola Law School in Los Angeles in 2006. Brook has
represented Spectrum Institute before the California Supreme Court in
connection with an amicus curiaeletter
and brief
in important probate and conservatorship litigation. He is the
treasurer and a board member of the LGBT Attorneys and Allies Section of
the Long Beach Bar Association. Brook’s first involvement in
disability rights occurred in connection with an internship he did with
the Disability Rights Legal Center in Los Angeles. He will be
advancing his commitment to equal rights for seniors and people with
disabilities as a member of the board of trustees of Spectrum Institute.
Brook is serving as a member of the newly formed
Attorney Fee
Review Team.
January 1, 2021
Judicial Council
Asked to Authorize Probate Conservatorship Jury Instructions
Spectrum
Institute sent a letter today to California Chief Justice Tani
Cantil-Sakauye in her capacity as chairperson of the Judicial Council.
The letter asks the Council to authorize its Civil Jury Instruction
Advisory Committee to develop a set of approved jury instructions for
probate conservatorship proceedings. Such instructions are absent from
the current jury instruction manual. Accompanying the letter is a set of
model jury instructions for limited conservatorship proceedings
developed a few weeks ago by Thomas F. Coleman, legal director of
Spectrum Institute. A copy of the letter was sent to Court of Appeal
Justice Martin J. Tangerman (photo) who chairs the Advisory Committee on
Civil Jury Instructions. For a copy of our letter,
click here.