fbpx
Connect with us

Mississippi Today

Jackson attorney may be king of conservatorships in Mississippi

Published

on

Consider Jackson attorney Harry Rosenthal as the king of conservatorships.

By his own estimate, he has been a conservator for more than 100 vulnerable individuals. Chancery Court show he's continuing to handle a dozen conservatorships.

Though it's not known how much the attorney receives in each case, in Hinds County alone, Rosenthal's income from being a conservator could be substantial.

The average salary for a non-family member conservator is $51,214 per year in Mississippi, according to the research blog salary.com. ZipRecruiter, which says it gets its salary estimates from employer job postings and third party data sources, puts the average salary in Mississippi at $47,787.

State Supreme Court Justice Dawn Beam, who helped craft changes to the conservatorship law, said most appointed conservators are family members, and they aren't paid a lot of money.

Advertisement

The law allows a family member to be paid fees set by a judge for their service.

Professional conservators are entitled to reasonable fees, but the judge decides what is reasonable and must approve the amount before the conservator can be paid. Money for the conservator comes from the account of the person under a conservatorship. If a person under a conservator has little or no financial assets, the judge can appoint a public guardian/conservator who is paid from public funds.

Some attorneys say the new law makes it difficult for ordinary citizens to file conservatorship petitions without the assistance of attorneys.

Elder law experts say the cost of obtaining a conservatorship over someone can be expensive with the hiring of attorneys or attorneys to represent the individual, family members and interested parties. There are also court and other fees involved with a conservatorship petition.

Advertisement

READ: The Conservatorship fight over Opal

Rosenthal told the Mississippi Center for Investigative Reporting, a part of Mississippi Today, that most of the wards for whom he has served as conservator were once clients in criminal cases.

More than 30 years ago, the attorney provided $12,000 in bail money to try to help white supremacist Byron De La Beckwith get out of jail after he was indicted and arrested for the third time in the assassination of Mississippi NAACP leader Medgar Evers.

Although Jewish, a group of people Beckwith disparaged, Rosenthal, 82, has said he provided the money to Beckwith because he believed his speedy trial rights were being violated after two previous trials in 1964 ended in hung juries.

Advertisement

In 1994, 30 years after his previous trials, Beckwith was convicted in Hinds County Circuit Court of Evers' murder and sentenced to in prison. Beckwith died in 2001 in custody.

Thirty-four years ago, Rosenthal filed the petition to become conservator for Gary Gordineer in Hinds County Chancery Court.

“I've had him for more than 30 years and I still have him,” Rosenthal said recently. In February, Rosenthal filed an annual accounting report of Gordineer's assets, a court docket report shows.

Rosenthal said he knew Gordineer, Gordineer's father and other family members. He said the younger Gordineer had been a criminal client. Rosenthal said he once had Gordineer, who is a veteran, in a home with his mother but now has him in a nursing home.

Advertisement

No family member of Gordineer could be reached for comment.

Rosenthal is also listed as conservator in another case, dating to 1989 involving Ruffin Jr.

Ruffin's niece, Erica Porter, said she has been his caregiver for the 100% disabled veteran the last four years. Other than her, Ruffin has little or no family alive, she said. “I'm all he has.”

In her four years of caring for Ruffin, she said she had never heard from Rosenthal until recently when she went to his office to request more money than the $700 a month she receives for Ruffin's care.

Advertisement

Porter said Rosenthal denied her request.

“My first time talking to him was actually last ,” Porter said recently of Rosenthal. “We haven't heard from him or nothing.”

Rosenthal said everyone wants to spend a ward's money.

“If you are a conservator or guardian, the money belongs to the person you are trying to protect, and the laws of the state of Mississippi say you are supposed to conserve and build upon the money, if possible,” he said.

Advertisement

Most of Rosenthal's conservatorship cases in Hinds County occurred before an updated law went into effect three years ago.

About 2,500 conservatorship cases have been filed in Mississippi since then.

The updated law, known as the Mississippi Guard and Protect Act, seeks to protect the rights of those unable to take care of themselves, said Beam, who co-chaired the 26-member committee that came up with the recommendations. It was the first update of the guardian and conservatorship law in 30 years.

The law distinguishes guardianship of the person from conservator of the estate, clarifies the role of a guardian/conservator in a ward's life, specifies the basis for appointing a guardian/conservator through improved medical evaluation forms, encourages individualized planning and use of the least restrictive alternative. It also creates accountability between the guardian/conservator and the courts to prevent fraud and abuse.

Advertisement

The law also mandates wellbeing reports.

The updated law applies to cases filed after Jan. 1, 2020, but a judge has the authority to apply the new law to older cases if no rights are violated.

In a 2021 state Supreme Court appeal, Hattiesburg attorney Carol Bustin said that, for decades, courts have treated conservatorships as mere ministerial actions and the imposition of conservatorships as matters of petitioners' rights.

Unless someone is a party in a conservatorship case, court records in cases like those of Gordineer and Ruffin are sealed, except for the brief descriptions placed on the court docket.

Advertisement

Rosenthal said some things in the new law look good on paper, but accountability isn't being strictly enforced.

The sister of one of Rosenthal's wards questions the lawyer's accountability.

“I think the rule, or unofficial rule, should be to to family members before they put people into a court-appointed conservatorship to make sure there is no one who can take over the responsibility,” said Linda Taylor of Memphis, whose brother, Edward Redmond, was one of Rosenthal's wards.

Marine veteran Edward Redmond died in 2019 of natural causes after being a ward of his conservator for decades.

At one point, Rosenthal had Redmond living in a facility in , according to Taylor.

But Rosenthal was forced by court order to move Redmond to Jackson to be closer to family.

Advertisement

Taylor said her brother initially was able to spend time with family.

“In August 2019, however, Rosenthal forbade us to take him away from his assisted living residence to spend time with him. He even claimed he had a warrant out for my brother Robert's arrest because he had violated that order and picked Edward up once, anyway.”

Redmond, a Marine veteran, was diagnosed as paranoid schizophrenic in the 1980s and became addicted to . He was determined to be 100% disabled by the VA hospital. Redmond's parents became guardians over his military and Social Security .

In 1994, Redmond's parents agreed to let Rosenthal become his guardian without fully understanding what they were consenting to, according to Taylor. She said she and another sister in didn't know anything about what was going on with their brother until after Rosenthal had already been court appointed guardian/conservator.

Advertisement

At one point, Redmond was allowed to live with Taylor and her husband in Memphis on a trial basis. During that time, Redmond overcame his addiction for a while. He had a great testimony about his victory over drugs. Rosenthal forced Redmond to move back to Jackson for unexplained reasons.

Prior to his death in 2019 under conservatorship, Edward Redmond showed the condition of his teeth. His sister believes he wasn't getting the care he deserved.

Taylor said her brother was moved over the years to different locations throughout the state of Mississippi, and that all of those places Rosenthal chose were not approved by the Department of Veterans Affairs.

Rosenthal said he won't apologize for the care Redmond received in Jackson. Taylor wanted too much money for keeping Redmond, he said. “I'm not ashamed of what happened. I had a tremendous problem with her trying to get his money.”

Taylor said the family requested to have guardianship over Edward while allowing Rosenthal to continue being conservator over his money.

“Rosenthal refused,” she said. “The record speaks for itself.”

Advertisement

This project was produced by the Mississippi Center for Investigative Reporting, now part of Mississippi Today, in partnership with the Fund for Investigative Journalism.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=243104

Mississippi Today

On this day in 1968

Published

on

mississippitoday.org – Jerry Mitchell – 2024-05-11 07:00:00

MAY 11, 1968

Five-year-old Veronica Pitt touches a tattered poster of Martin Luther King Jr. as she and her 3-year-old brother Raythorn Resurrection with other evacuees on May 24, 1968. Credit: AP: Bob Daugherty.

The Poor People's Campaign arrived in Washington, D.C. A town called “Resurrection City” was erected as a to the slain Martin Luther King Jr. 

King had conceived the campaign, which was led by his successor at the head of the Southern Christian Leadership Conference, Ralph David Abernathy. leader Jesse reached out to young Black wanting vengeance for King's assassination. 

“Jackson sat them down and said, ‘This is just not the way, brothers. It's just not the way,”' recalled Lenneal Henderson, then a student at the of California at Berkeley. “He went further and said, ‘Look, you've got to pledge to me and to yourself that when you go back to wherever you , before the year is out, you're going to do two things to make a difference in your neighborhood.' It was an impressive moment of leadership.”

Advertisement

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Mississippi Today

Lawmakers may have to return to Capitol May 14 to override Gov. Tate Reeves’ potential vetoes

Published

on

mississippitoday.org – Bobby Harrison – 2024-05-10 12:50:25

Legislators might not have much notice on whether they will be called back to the Mississippi Capitol for one final day of the 2024 session.

Speaker Jason White, who presides over the House, and Lt. Gov. Delbert Hosemann, who presides over the Senate, must decide in the coming days whether to reconvene the Legislature for one final day in the 2024 session on Tuesday at 1 p.m.

Lawmakers left on May 4. But under the joint resolution passed during the final days of the session, legislators gave themselves the option to return on May 14 unless Hosemann and White “jointly determine that it is not necessary to reconvene.”

Advertisement

The reason for the possible return on Tuesday presumably is to give the Legislature the to take up and try to override any veto by Gov. Tate Reeves. The only problem is the final bills passed by the Legislature — more than 30 — are not due action by Reeves until Monday, May 13. And technically the governor has until midnight Monday to veto or sign the bills into law or allow them to become law without his signature.

Spokespeople for both Hosemann and White say the governor has committed to taking action on that final batch of bills by Monday at 5 p.m.

“The governor's office has assured us that we will receive final word on all bills by Monday at 5 p.m.,” a spokesperson for Hosemann said. “In the meantime, we are reminding senators of the possibility of return on Tuesday.”

A spokesperson for White said, “Both the House and Senate expect to have all bills returned from the governor before 5 p.m. on Monday. The lieutenant governor and speaker will then decide if there is a reason to back on May 14.”

Advertisement

The governor has five days to act on bills after he receives them while legislators are in session, which technically they still are. The final batch of bills were ready for the governor's office one day before they were picked up by Reeves staff. If they had been picked up that day earlier, Reeves would have had to act on them by Saturday.

At times, the governor has avoided picking up the bills. For instance, reporters witnessed the legislative staff attempt to deliver a batch of bills to the governor's Capitol office one day last , but Reeves' staff refused to accept the bills. They were picked up one day later by the governor's staff, though.

Among the bills due Monday is the massive bill that funds various projects throughout the state, such as projects and projects. In total, there are more than 325 such projects totaling more than $225 million in the bill.

In the past, the governor has vetoed some of those projects.

Advertisement

The governor already has taken action of multiple bills passed during the final days of the session.

He a bill to strip some of the power of the Public Employees Retirement System Board to become law without his signature. The bill also committed to providing a 2-and-one-half percent increase in the amount governmental entities contribute to the public employee pension plan over a five year period.

A bill expanding the area within the Capitol Complex Improvement District, located in the of Jackson, also became law without his signature. The CCID receives additional from the state for infrastructure projects. A state Capitol Force has primary law enforcement jurisdiction in the area.

The governor signed into law earlier this week legislation replacing the long-standing Mississippi Adequate Education Program, which has been the mechanism to send state funds to local schools for their basis operation.

Advertisement

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Mississippi Today

On this day in 2007

Published

on

MAY 10, 2007

Left to right, John Lewis, Ralph Abernathy, Martin Luther King Jr. and Andrew Young attended the 1965 funeral of Jimmie Lee , whose inspired the Selma march to Montgomery. Credit: AP

An Alabama grand jury indicted former trooper James Bonard Fowler for the Feb. 18, 1965, killing of Jimmie Lee Jackson, who was to protect his mother from being beaten at Mack's Café.

At Jackson's funeral, Martin Luther King Jr. called him “a martyred of a holy crusade for and human dignity.” As a society, he said, “we must be concerned not merely about who murdered him, but about the system, the way of , the philosophy which produced the murderer.”

Authorities reopened the case after journalist John Fleming of the Anniston Star published an interview with Fowler in which he admitted, despite his claim of self-defense, that he had shot Jackson multiple times. And Fleming uncovered Fowler's killing of another Black man, Nathan Johnson. In 2010, Fowler pleaded guilty to second-degree manslaughter and was to six months behind bars.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

News from the South

Trending