Judge Questions Moving Spears’ Case
By RAQUEL MARIA DILLON For The Associated Press
"LOS ANGELES (AP) _ A federal judge wants an attorney who claims to represent Britney Spears to explain why he believes her conservatorship belongs in federal court.
Attorney Jon Eardley argues that the terms of the conservatorship, which occurs when a court determines someone cannot take care of themselves or their affairs, violate the pop star’s civil rights.
Judge Philip Gutierrez on Tuesday ordered Eardley to explain by Feb. 29 why the federal court should intervene in a probate case. The order came after attorneys for Spears’ father, James Spears, who was named her temporary conservator Feb. 1, argued in a motion that the conservatorship should remain in state court.
James Spears’ team argued that a state Superior Court commissioner had previously found that the singer did not have the capacity to retain counsel, and that conservatorship matters do not fall under federal jurisdiction.
Eardley filed papers Thursday to move Spears’ probate case to federal court. A message left at his office Wednesday was not returned.
The commissioner placed Spears under a conservatorship after she was taken to a psychiatric hospital twice this year. Her father and attorney Andrew Wallet were named co-conservators of her estate.
Attorney Jeffrey Wexler also asked the judge to require Eardley to pay James Spears’ attorney fees and any extra expenses incurred from arguments over the request to move the case to federal court."
It would be interesting to see whether the judge hearing this case will move the case to Federal Court. Although there may be a constitutional issue involved in the case as to the right of a conservatee to select her counsel of choice, I am doubtful that the case would be moved out of the State Court and to the Federal Court. In California, Conservatees are given the right to a trial by jury, so technically Ms. Spears could take the matter to trial to prove she is competent to act on her own behalf.
Mina N. Sirkin is a Board Certified Specialist attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California. She practices in Los Angeles County, California. MSirkin@SirkinLaw.com. http://www.SirkinLaw.
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