Judge refuses to reappoint Schiavo guardian ad litem

Jan 13, 2004
JONI B. HANNIGAN
Managing Editor

CLEARWATER (FBW)-Citing pending litigation over the constitutionality of a law which provided a brain damaged woman a guardian ad litem, a circuit judge turned down a request Jan. 9 by Gov. Jeb Bush to reappoint the dismissed man to that role.

Chief Judge David Demers said in an order he has reviewed the governor’s request and other responses filed in the case and has determined "it is sufficient that the Second District Court has found the Act, under which the court would exercise the authority to appoint a Guardian ad Litem, presumptively unconstitutional."

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Terri Schiavo, 40, is the Clearwater woman at the center of a legal battle. Some doctors say she is in a "persistent vegetative state" and will never improve or recover from a brain injury she received in 1990 after collapsing under unusual circumstances at home.

Michael Schiavo, her husband and guardian has advocated the removal of her feeding tube, a move with which her parents, Mary and Bob Schindler disagree.

The Schindlers say Schiavo has never had the rehabilitation and care needed to recover from her injury [For more information see "Terri Schiavo: A Life At Stake."]They also said, in a 10-point petition filed Jan. 5, that no one can "be both a neutral arbiter and a zealous advocate," referring to Michael Schiavo who has not only advocated for Terri Schiavo’s death by starvation and dehydration, but also lives with his "fiance" with whom he has fathered two children.

In October, Gov. Jeb Bush ordered her feeding tube, which had been removed five days earlier, reinserted and a special guardian ad litem appointed to answer questions regarding her ability to swallow and other case peculiarirites.

Michael Schiavo has filed a lawsuit challenging the constitutionality of Bush’s actions. The outcome of that action is pending while Circuit Court Judge Douglas W. Baird awaits the dissolution of three other appeals court actions.

In December, Demers dismissed the guardian ad litem, University of South Florida medical professor Jay Wolfson, after Wolfson delivered his report to Bush.

In a series of letters to Demers, Bush had said he would like more answers to case details not addressed in Wolfson’s earlier report.

The Schindlers had previously filed petitions with the court challenging Michael Schiavo’s standing as Terri’s guardian. At least one is still pending.

The battle is expected to end up before the Florida Supreme Court.

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