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IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
IN RE: THE GUARDIANSHIP OF FILE No. 90-2908GD-003
THERESA MARIE SCHIAVO,
Incapacitated.
______________________________/
MOTION TO DISQUALIFY JUDGE
__________________________
Petitioner, ROBERT SCHINDLER, by and through his undersigned attorney,
hereby files this Motion to Disqualify Judge and moves this Honorable Court for the
entry of an Order disqualifying the Honorable George Greer, Circuit Judge, from
presiding over any further proceedings in the above-captioned matter, pursuant to
Florida Statute 38.10 and Fla. R. Jud. Admin. 2.160 and states as follows:
1. Petitioner is an interested party in the above-styled case as the father of the
Ward, Theresa Marie Schiavo.
2. This is a timely Motion to Disqualify pursuant to the above quoted Statute
and Rule 2.160(e) of the Fla. Rules of Judicial Administration.
3. This Motion is filed reluctantly. An administrative reassignment was
requested but did not occur.
4. The Petitioner herein believes that he will not receive a fair trial or hearing
because of specifically described prejudice or bias of Judge Greer upon
actions as follows:
A. On or about August 27, 2003, both the St. Petersburg Times and
Tampa Tribune newspapers printed articles resulting from
statements made by Judge Greer regarding the above-styled case. The
forum for which the statements occurred appears to be an informal
press conference which was held in chambers by Judge Greer at
approximately 1:30 p.m. on August 26, 2003. A copy of such articles
are attached hereto as composite Exhibit "A". Further, upon
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information and belief Judge Greer spoke to reporters about this case
outside of an informational capacity, on many occasions.
B. Further, upon information and belief, Judge Greer has discussed the
above-styled case with members of the public, including a private
non-public phone conversation with a Florida Deputy Attorney
General, John Carassas, and conversations with Pinellas County
Sheriff Everett Rice.
C. Attached hereto are Affidavits from Petitioner and counsels Patricia
Fields Anderson and Larry Crow attesting to the veracity of the
statements made herein. The original Affidavit of Larry Crow is
attached hereto. Copies of Ms. Anderson's Affidavit as well as
Petitioner's Affidavit are attached hereto but the originals of same
have been filed with the St. Petersburg Clerk's office, due to
geographic constraints.
5. The Code of Judicial Conduct, specifically Cannon 3(B)(9), states "A Judge
shall not, while a proceeding is pending or impending in any court, make any
public comment that might reasonably be expected to affect its outcome or
impair its fairness or make any non-public comment that might substantially
interfere with a fair trial or bearing. (underlining added)
6. Petitioner in the last month has lobbied, through disability advocate Doug
Towne and others, the Executive Branch of the State of Florida, specifically
the Florida Attorney General Charlie Crist and Governor Jeb Bush to
intervene on the Ward's behalf and seek an independent guardian ad litem
for the Ward.
7. On August 26, 2003, Gov. Jeb Bush sent a letter to Judge Greer requesting
that an independent guardian ad litem be appointed for the Ward.
8. On that same day in an impromptu press conference held in his chambers at
approximately 1:30 p.m., Judge Greer stated that he rejected the Governor's
actions.
9. Sometime thereafter, upon information and belief, Judge Greer spoke to
Florida Deputy Attorney General John Carassas concerning this case and
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stated that he was incensed about the letter and would consider same an
improper ex parte communication if Jeb Bush was a lawyer, and could be
grieved.
10. Upon information and belief Judge Greer has made similar statements to
Pinellas County Sheriff Everett Rice. (See Affidavit of Patricia Fields
Anderson)
11. Petitioner also believes that excessive statements made by Judge Greer to the
press color his perception of the case, thereby creating a bias. The press
statements are more than informational in character.
12. There are still substantial current matters concerning violation of the Ward's
constitutional rights which are pending and need resolution and
consideration of appointment of an independent guardian ad litem.
13. A Circuit Judge is a very important and pivotal member of an organized
democracy, and wields great power. Statements made by a Circuit Judge,
however innocuous and inconsequential, may have a chilling effect on those
who may otherwise enter the cause in some Executive capacity.
14. Further, excess statements made to the press are outside of the permitted
realm of informative press statements.
15. Petitioner states that an objective, reasonable person could conclude that this
conduct amounts to a specific prejudice against their position. Petitioner
believes that Judge Greer has prejudged this case.
WHEREFORE, Petitioner Robert Schindler respectfully requests Judge George
Greer disqualify himself from presiding over any other proceedings in the above-
captioned matter.
Lawrence D. Crow, Esq.
Larry Crow. P.A.
Fla. Bar. 371361
SPN No. 01893975
1247 S. Pinellas Avenue
Tarpon Springs, FL 34689
Phone: (727)945-1112
Fax: (727)945-9224
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CERTIFICATE OF SERVICE
______________________
I hereby certify that a copy of the foregoing has been furnished by Facsimile
and U.S. Mail this 5th day of September 2003, to PATRICIA F. ANDERSON, ESQ.,
447 Third Avenue North, Suite 405, St. Petersburg, FL 33701, by Facsimile and
U.S. Mail to GEORGE J. FELOS, ESQ., Felos & Felos, 595 Main Street, Dunedin,
FL 34689 and by to DEBORAH A. BUSHNELL, Attorney At Law, 204 Scotland
Street, Dunedin, FL 34698;
Lawrence D. Crow, Esq.
Larry Crow. P.A.
Fla. Bar. 371361
SPN No. 01893975
1247 S. Pinellas Avenue
Tarpon Springs, FL 34689
Phone: (727)945-1112
Fax: (727)945-9224
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COMPOSITE EXHIBIT "a"
St. Petersburg Times
Governor has a suggestion in Schiavo case:[SOUTH PINELLAS Edition]
WILLIAM R. LEVESQUE. St. Petersburg Times. St. Petersburg, Fla.: Aug 27, 2003. pg. 1.B
Abstract (Article Summary)
[George Greer] scheduled a Sept. 11 hearing at which the date for pulling Mrs. Schiavo's feeding tube will be selected. Once
the tube is pulled, Mrs. Schiavo is expected to die in 10 to 14 days, according to doctors.
Mrs. Schiavo's husband, Michael Schiavo, said [Jeb Bush] should stay out of the way.
Mrs. Schiavo's parents, Bob and Mary Schindler, have battled Schiavo in the courts and say their daughter's condition might
be improved with treatment. Court appointed doctors say her condition is irreversible.
Full Text (578 words)
Copyright Times Publishing Co. Aug 27, 2003
Gov. Jeb Bush entered the dispute over the life of brain-damaged Terri Schiavo on Tuesday, asking a circuit court judge to
appoint a guardian to review her case before life-support is removed.
Pinellas-Pasco Judge Greer wasn't swayed. He filed the governor's letter with other correspondence from the public
in the case.
I respect the governor's position," Greer said. "Beyond that, (his letter) is going in the court file."
Bush's request came as Mrs. Schiavo is hospitalized for the second time in recent weeks battling a serious infection and
pneumonia that her husband said may be life-threatening.
I normally would not address a letter to a judge in a pending legal proceeding," Bush's letter said. "However, my office has
received over 27,000 e-mails reflecting understandable concern for the well-being of Terri Schiavo."
Given the high emotions of the case, a guardian needs to be appointed to provide the court with an unbiased view of what is
in Mrs. Schiavo's best interests, Bush wrote.
Later, Bush told reporters, "The rights of this woman, I think, should be taken into consideration."
Greer said higher courts have mapped out how the case must proceed, and decisions by those courts don't call for further
delay.
Greer scheduled a Sept. 11 hearing at which the date for pulling Mrs. Schiavo's feeding tube will be selected. Once the tube
is pulled, Mrs. Schiavo is expected to die in 10 to 14 days, according to doctors.
Referring to the 27,000 e-mails, Greer said he wasn't engaged in a "popularity contest."
I don't go out on the street and survey how I'm supposed to rule," he told reporters.
Mrs. Schiavo's husband, Michael Schiavo, said Bush should stay out of the way.
This case has been in litigation for five years, and all of a sudden Gov. Bush wants to be involved?" he said. "This isn't his
concern, and he should stay out of it."
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Greer refused to grant an emergency request by Michael Schiavo's attorneys to allow the suspension of all of his wife's
medical treatment.
Mrs. Schiavo's medical condition has become an increased concern with her recent hospitalizations. During her first, she was
treated for a urinary tract infection and a bleeding esophagus.
Schiavo said his wife, hospitalized since Sunday night, would die without medical treatment. He said doctors have told him
her prognosis is uncertain even with treatment.
Mrs. Schiavo's parents, Bob and Mary Schindler, have battled Schiavo in the courts and say their daughter's condition might
be improved with treatment. Court appointed doctors say her condition is irreversible.
Pat Anderson, a lawyer representing the Schindlers, said she thought the governor's letter influenced Greer's decision
against ending medical treatment.
"He got the message loud and clear," Anderson said. "He didn't stop antibiotics."
The Schindlers were visiting her at Morton Plant Hospital and were not immediately available for comment.
"Terri's sleeping more than normal, she's more sluggish than normal, she feels warmer to the touch than normal. It's touch
and go, frankly," Anderson said.
Mrs. Schiavo collapsed and her heart stopped at age 26 in 1990 from what her doctors believed was a potassium imbalance.
Her husband said that Mrs. Schiavo would not want to have her life extended by artificial means given her brain damage,
and Greer ruled in 2000 after a trial that life support should be removed.
- Times staff writer Steve Bousquet contributed to this report, which also contains information from the Associated Press.
[Illustration]
Caption: Michael Schiavo; Photo: PHOTO, Associated Press
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
People: Bush, Jeb, Schiavo, Terri, Greer, George, Schiavo, Michael, Anderson, Pat
Author(s): WILLIAM R. LEVESQUE
Dateline: CLEARWATER
Publication title: St. Petersburg Times. St. Petersburg, Fla.: Aug 27, 2003. pg. 1.B
Source Type: Newspaper
ProQuest document ID: 389238911
Text Word Count 578
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THE TAMPA TRIBUNE
ONLINE EDITION
Thursday, September 4
Search results
Judge Denies Bush's Request to Rehash Terri Schiavo
Case
August 27, 2003
Section: NATION/WORLD
Page: 1
DAVID SOMMERdsommer@tampatrib.com
Memo: Reporter David Sommer can be reached at (727)
799-7413
CLEARWATER - A judge on Tuesday quickly rejected
Gov. Jeb Bush's request for a fresh look at whether Terri
Schiavo's feeding tube should be removed.
"I read [the request from Bush] because it came from the
governor and I respect his position," Pinellas-Pasco
Circuit Judge George Greer said. "Beyond that, it is
going in the file."
Greer received a letter from Bush asking that he appoint
an independent guardian to investigate whether Schiavo
would want to be taken off life support.
Schiavo's husband, Michael, and her parents have been
battling for years over whether she should be allowed to
die. The 39-year-old woman has been in a comalike state
since suffering heart failure in 1990.
"This case represents the disturbing result of a severe family disagreement in extremely
trying circumstances," Bush wrote to Greer. "Emotions are high, accusations abound,
and at the heart of this public and private maelstrom is a young woman incapable of
speaking for herself."
But appeals courts have already looked at the guardian issue and decided that Greer
fulfills that role, the judge said Tuesday. Also, Greer said, he is under specific orders
from the 2nd District Court of Appeal to schedule the removal of Schiavo's feeding tube.
In his letter, Bush said he realizes he has no role in the process of deciding whether
Schiavo would want to be kept alive with no realistic chance of improvement. But after
receiving more than 27,000 pieces of e-mail, "I feel compelled to write." the governor
said.
Greer said he is treating the governor's letter like the many others he has received and
will place it in the case file.
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Greer also summarily rejected Michael Schiavo's request to discontinue medical
treatment for a severe infection that resulting in his wife's hospitalization this week.
In the three years Greer has been holding trials and hearings on Michael Schiavo's
request for permission to remove his wife's feeding tube, the issue of withholding
medical care for any illnesses Terri Schiavo might suffer has not come up, the judge
said. The issue would require another trial, the judge said.
Michael Schiavo said Bush's letter was inappropriate.
"The governor has deliberately twisted the facts in this case in an apparent effort to
kowtow to his "right-to-life" political supporters," Michael Schiavo said. "This has nothing
to do with him. He should stay out of it."
Michael Schiavo said his in-laws, Bob and Mary Schindler, orchestrated a campaign to
send e-mail to the governor through a Web site that also raises money from right-to-life
supporters. He accused the Schindlers of using his wife's Catholic faith to their own
ends.
"Suddenly, they are on the religious kick. They never went to church a day in their
lives," he said. "I believe in God and so did Terri, but they are out to push it on people."
Bob Schindler said his son-in-law is forgetting he and his wife sent Terri and her siblings
to Catholic schools and that the Schiavo wedding was performed by a priest.
"It [Michael Schiavo's comment' is really upsetting to my wife because she is a better
Catholic than I am," he said.
The Web site has drawn a good response, Schindler said. Any donations it generates
are going to family attorney Pat Anderson, who had been working for free, he said.
In a third development Tuesday, Greer denied Michael Schiavo's request for an
immediate hearing to set a date for removing his wife's feeding tube. That matter will be
handled at a hearing previously scheduled for Sept. 11 to decide whether Michael
Schiavo can ban a priest from visiting his wife, the judge said.
Michael Schiavo's attorney said that Terri Schiavo's right to die has been thoroughly
litigated and that it is time for the courts to call a halt to endless delay tactics on the part
of the Schindlers.
"There ought to be a prompt hearing, and there ought to be a prompt decision," attorney
George Felos said.
Cutline: (2) Gov. Bush, left, says an outpouring of e-mail prompting him to ask Judge
George Greer, right, to re-examine whether Terri Schiavo's feeding tube should be
removed.
All content © 2000 The Tampa Tribune and may not be republished without permission.
...
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IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
IN RE: THE GUARDIANSHIP OF File No. 90-2908GD-003
THERESA MARIE SCHIAVO,
Incapacitated.
______________________________/
AFFIDAVIT
_________
BEFORE ME the undersigned authority appeared LARRY CROW, who
being first duly sworn deposes and says:
1. On approximately September 3, 2003, the undersigned spoke
to John Carassas concerning intervention in the Terri Schiavo
case. The undersigned was told that the Attorney General
would not enter the case.
2. Further, Carassas told the undersigned that he had talked to
Judge Greer recently and that Judge Greer told him that he
was incensed by Jeb Bush's letter to the Judge about the case
and if Jeb was a lawyer that he could be grieved.
3. This Affidavit is made in good faith.
FURTHER AFFIANT SAYETH NAUGHT.
Larry Crow
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SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th day of
September 2003, by Larry Crow, who is personally known to me and who did not
take an oath.
Notary Public, State of Florida
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STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT
_________
BEFORE ME the undersigned authority personally appeared PATRICIA
FIELDS ANDERSON, ESQ. who being first duly sworn deposes and says:
1. My name is Patricia Fields Anderson, I am over the age of 18 years of
age, and otherwise sui juris. I make this affidavit on personal
information.
2. I am counsel of record in the Guardianship of Theresa Marie Schiavo,
now pending before Hon. George Greer in Pinellas County. In that
case I represent Robert and Mary Schindler, parents of the ward.
3. Late last week, I obtained affidavits from three former caregivers of
the ward, when she resided in local nursing homes. Two of those
affidavits - Carla Sauer Iyer and Heidi Law - contain statements
indicating that the ward's husband/guardian, Michael Schiavo, may
have made overt attempts on his wife's life when she was residing in
Palm Gardens nursing home before being placed in Hospice
Woodside, where she now resides.
4. Over the Labor Day weekend just past, on Friday, August 29, 2003,
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the ward was once again discharged from Morton Plant Hospital.
Previously she had been discharged from Morton Plant on August 21
and re-admitted on August 24 in a septic condition with a high fever.
Obviously, she was not well enough for discharge on August 21, but
Mr. Schiavo ordered it. Then, on Monday, August 25, with the ward
re-admitted to the hospital with sepsis - a description given by Mr.
Schiavo's counsel, George Felos, Esq. Mr. Schiavo filed an
emergency motion to discontinue treatment for her.
5. On Tuesday morning, August 26, 2003, at approximately 9 a.m., my
office received a phone call from Judge Greer's judicial assistant,
clearing a time for a telephonic hearing for 1 p.m. later that day to set a
time to hear Mr. Schiavo's emergency motion. At about 9:30 a.m., my
office received a telefaxed letter, signed by Governor Jeb Bush, to
Judge Greer requesting that Judge Greer appoint a guardian ad litem in
the case.
6. During the 1 p.m. telephonic hearing, Judge Greer ruled that the matter
of discontinuing medical treatment for the ward was not appropriately
presented to the court by motion but should be presented by formal
petition, with the attendant formal notice. Thus, Judge Greer, in effect,
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rebuffed Mr. Schiavo's request not to treat the ward's medical
condition, but Mr. Schiavo had made plain his intention that he wanted
his wife to die right away. I know that reporters for the local media
were present in Judge Greer's chambers during the telephonic hearing.
7. Both the Tampa Tribune and the St. Petersburg Times printed stories
about the Governor's letter the following day, Wednesday, August 27,
2003. Both of those news stories attributed similar statements to Judge
Greer that he did not make during the telephonic hearing. One of the
statements attributed to Judge Greer was that he was "not inclined" to
appoint a guardian ad litem for the ward, a matter of grave concern to
me and my clients and a matter presently pending before Judge Greer
A copy of the transcript of the telephonic hearing is attached hereto
and incorporated herein.
8. In reading the newspaper stories, because of the similarity of the
statements attributed to Judge Greer in both of the newspapers, it was
apparent to me that Judge Greer must have made comments about the
case after the conclusion of the hearing and while the reporters were
still present. It is my firm conviction that Judge Greer, in effect, held
an impromptu press conference about a case pending before him.
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without counsel for the parties being present.
9. Meantime, with yet another discharge of the ward from the hospital at
mid-day on Friday, August 29, 2003, it appeared to me that Mr.
Schiavo was attempting an end-run around Judge Greer's order to
continue treatment. I immediately began making preparations to file a
federal complaint in the United States District Court in Tampa to get
emergency relief over the Labor Day weekend.
10. In the early morning hours of Saturday, August 30, 2003, some twelve
hours or so after her last discharge from Morton Plant Hospital,
Hospice Woodside called an ambulance to take the ward back to
Morton Plant Hospital. According to her brother, who had spent
Friday night with the ward at Hospice, the ward had had an hour-long
coughing and choking spell and her blood oxygen levels were low.
11. Later that morning, the ward was returned to Hospice Woodside on
Saturday, August 30. At 10:30 a.m. that same day I filed a complaint
and motion for temporary restraining order with the United States
District Court in Tampa, at that time unaware of the ward's precise
whereabouts or condition. I still have no information about why the
ward was not admitted as an in-patient on Saturday, August 30 or
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what treatment, if any, was administered to her by Morton Plant
Hospital as an out-patient.
12. On Sunday morning, still concerned about the ward's condition, I
spoke with Everett Rice, Sheriff of Pinellas County, about the events
described above and e-mailed him copies of the affidavits from the
caregivers described in Paragraph 3 above. I asked him to take
whatever action, as the county's chief law enforcement officer, he felt
was appropriate under the circumstances.
13. During that conversation, Sheriff Rice told me that he had attended a
ball game the night before with Judge Greer and that Judge Greer had
told him that if Governor Jeb Bush were a lawyer, the letter the
Governor had sent to Judge Greer the preceding Tuesday would be an
improper attempt at ex parte communication and would be reportable
to the Bar. I concluded from this remark that Judge Greer was
speaking about the case to others without counsel for the parties being
present.
14. On Thursday, September 4, 2003, in conversation with Larry Crow,
Esq., co-counsel for Mr. and Mrs. Schindler on this case, I learned that
Judge Greer had made a virtually identical statement to Deputy
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Attorney General in the Tampa office of the Florida Attorney General,
namely, that were Governor Bush a lawyer, his letter to the judge was
a grievable offense under Florida Bar rules.
15. Inasmuch as the Court's failure to appoint an independent guardian for
the ward is of great and immediate concern to me and the subject of a
pending motion before Judge Greer, I fear that Judge Greer has pre-
judged this issue, as indicated by his statements to the reporters, to the
Sheriff, and to the Deputy Attorney General. I further believe that
Judge Greer is repeatedly speaking about this case to others, out of the
presence of counsel for the parties.
FURTHER AFFIANT SAYETH NAUGHT.
Patricia Fields Anderson, Esq., Affiant
SWORN TO AND SUBSCRIBED before me this 5th day of September,
2003 by Patricia Fields Anderson, who is personally known to me and who did take
an oath.
Notary Public
My Commission expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
AFFIDAVIT
_________
BEFORE ME the undersigned authority personally appeared Robert
Schindler, Sr., who being first duly sworn deposes and says:
1. My name is Robert Schindler, Sr., I am over the age of 18 years, and
make this statement on personal information. I am the father of
Theresa Marie Schiavo.
2. I have reviewed the motion for disqualification of Hon. George Greer
from the guardianship case of my daughter and, also, the affidavit of
Patricia Anderson supporting that motion.
3. I am very concerned that Judge Greer is talking about my daughter's
case to people not connected to the case, including the press.
4. Considering what I have learned about Judge Greer's out-of-court
statements to the press and others, I have a reasonable fear that I will
not receive a fair and impartial hearing in this matter from him.
5. I have authorized my attorneys to file a motion to disqualify Judge
Greer, and this motion is filed in good faith and not for any purpose of
delay or the like.
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FURTHER AFFIANT SAYETH NAUGHT.
Robert Schindler, Sr., Affiant
SWORN TO AND SUBSCRIBED BEFORE ME this 5th day of September,
2003 by Robert Schindler, Sr., who is personally known to me and who did take an
oath.
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