HOUSTON - A federal judge is set to rule on whether to dismiss a physician’s lawsuit against a Harris County probate judge who allegedly turned a blind eye to the estate trafficking and elder abuse of her 91-year-old mother who was under a court-appointed guardianship when she died, a press release states.
Owens-Collins v. The Honorable Judge Michael Newman is currently pending before U.S. District Judge Lynn Hughes and Magistrate Peter Bray in the Southern District of Texas in Houston.
Dr. Sheila Owens Collins, a pediatrician, sued Harris County Probate Judge Michael Newman last year alleging he violated her mother Mrs. Hattie Owens’ rights under the U.S. Constitution and the Americans with Disabilities Act.
“Although Judge Newman employs the defense of judicial immunity in an attempt to absolve himself of the estate trafficking and racketeering that occurred under his purview, gross negligence is at play," Owens Collins wrote in her March 11 response in opposition to Judge Newman’s Motion to Dismiss. "Section 1201.003 of the Texas Estates Code specifically states that a judge is liable on a Judge's bond to those damaged if damage or loss results to a guardianship or ward because of the gross neglect of the judge.”
As previously reported in the Southeast Texas Record, Judge Newman disputed the allegations of estate trafficking and racketeering while invoking the doctrine of judicial immunity. But Owens Collins alleges in her reply opposing dismissal that when the defendant judge repeatedly funneled money out of Mrs. Hattie Owens’ estate and into the pockets of probate court insiders and the coffers of the Court, he committed gross negligence in handling the guardianship and assets of Mrs. Hattie Owens.
“Judge Newman’s gross neglect and breach of duty of care resulted in the unnecessary depletion of the estate of Hattie Owens by $93,000.00,” Owens Collins stated.
After graduating from Prairieview A&M University, Mrs. Hattie Owens and her husband Emiel Owens amassed a modest fortune that included two student housing properties in Prairie View, Texas, a 5,000 square foot home in Houston's medical center worth half a million dollars, two Mercedes Benz vehicles, and a Porsche, according to a press release.
“The temporary guardian, Dana Drexler, requested fees of $53,468.00,” said Owens-Collins in her pleading. “An expert witness noted that Drexler billed either $350 or $100 per hour for a minimum of 15 minutes regardless of the actual time required for a task. The expert witness testified to each and every page of the 36 pages of records and identified charges that were not reasonable or necessary.”
Mrs. Hattie Owens became a ward of the state under guardianship after her granddaughter, Aisha Ross, allegedly made a false report with Adult Protective Services against Owens Collins who was her mother's power of attorney at the time.
“The volume of guardianship proceedings in Harris County not only supports specialized probate courts, but it also supports counsel with practices that derive significant funds from court appointments in various roles in guardianship proceedings,” Owens Collins stated. “This case illustrates the failure of judicial supervision to ensure that counsel fulfill their statutory duties, including diligently investigating and seeking to carry out a client’s desire to avoid guardianship.”
The physician plaintiff isn’t the only American disputing a high-profile court-appointed guardianship. Popstar Britney Spears’ conservatorship was the subject of a New York Times documentary expose, which lead GOP Congressmen Jim Jordan of Ohio and Matt Gaetz of Florida to request a hearing before the House Judiciary Committee to review and examine the plight of those trapped unjustly in conservatorships, which are also known as guardianships.
“If the conservatorship process can rip the agency from a woman who was in the prime of her life and one of the most powerful pop stars in the world, imagine what it can do to people who are less powerful and have less of a voice,” Congressman Gaetz said in a statement online.
Once appointed by a Judge, a guardian of an adult or senior citizen, such as Britney Spears or Mrs. Hattie Owens, is empowered to liquidate their assets, sedate the individual with physician-prescribed psychotropic medication, to deny choice of food, marital status, health insurance, medical care and even ban visits with friends and family members.
“Mrs. Hattie Owens was forced into hospice,” Owens Collins states. “Her early death was preventable. Dr. Owens Collins blames the court, the judge, the guardian, and the guardian's attorney who conspired and colluded in actions that caused the loss of life for Mrs. Hattie Owens and the loss of a mother for Dr. Sheila Owens-Collins.”