Palm Beach County Circuit Judge Martin Colin receives the savings from incapacitated seniors.
This is thanks to Colin’s wife, Elizabeth “Betsy”, Savitt. She is a professional guardian appointed by judges to make decisions about adults who are unable to care for themselves.
Savitt makes her living off the nest eggs of the elderly. Many are suffering from dementia. They are placed in guardianships at the same Probate & Guardianship Division, where Judge Colin has a lot of influence. His fellow judges approve of Savitt’s fees.
A Palm Beach Post investigation revealed that Savitt took money from elderly people she controlled without first getting approval from a judge. She also double-billed their accounts. Some of the senior citizens’ families claim that Savitt’s wife and her lawyers are involved in unnecessary litigation, which leads to higher fees for themselves, the judge, and their lawyers.
Savitt’s lawyers have also been involved in cases before her husband, which gave him the power to approve their fees. An ex-chief justice of the Florida Supreme Court and a professor in law say that this is at best an appearance and should be investigated.
“This conflict places the entire courthouse under a cloud because there are so many questions that it raises and no answers. Nova Southeastern law professor Robert Jarvis stated that there is a judicial code on appearances of impropriety.
The guardianship arena can be described as an attorney’s paradise. All – the elderly ward and guardian, as well as the relatives of the senior – are represented by an attorney. Most, if not all, of those who are paid out of the senior’s savings in guardianship get it.
Family members wonder if Savitt’s wife, who is a judge before whom they have to appear in other cases, which are more lucrative, would naturally be gun shy.
This elaborate dance takes place in South County’s Probate & Guardianship Division where Colin is a long-standing sitting judge.
It isn’t the first conflict Colin has faced with his wife and her attorneys. A 2007 appeals court barred the judge’s presidency in a case involving Savitt and his divorce lawyers. It ruled that he had an “apparent conflicts of interest that would cause a reasonable litigant a well-grounded fear not being given a fair trial.”
In six months, 115 recusals
The Post discovered that Judge Colin’s wife’s work as a professional guardian has left him compromised. This prevents him from doing his job fully, The Post reported. After The Post began asking questions, he has now recused himself from the 115 cases involving his wife’s lawyers.
Jarvis stated, “When a judge suddenly withdraws himself from so many cases it definitely sends up red flags.” Jarvis asked, “How could a judge permit himself to be placed in such a situation?” “I have never heard of a judge doing this.”
Judge Colin does not see any problem. He stated in court that he used to require his wife’s lawyers to inform opposing lawyers about Savitt in the past.
The Post was told by at least one lawyer that it wasn’t always like this. Gary Susser shared an example of Colin’s failure to disclose, stating that he was “floored” and shocked when he discovered the conflict.
Susser stated that Attorney Sheri Hazeltine did not tell Susser about her work for Savitt until April, nearly a year into a probate matter.
He stated that “She had not disclosed her relationship to Judge Colin until she was asked by him to do so.” It’s a concern to me that the opposing counsel representing the judge’s spouse is revealing her relationship.
The hearing transcript shows Colin asking Hazeltine for information. She does, and then Susser objects to Colin continuing to preside.
Susser informs Colin that “it was news to me what it just found out.”
Colin replies, “OK. That is why we make what’s called a disclosure.”
“Yeah,” Susser responds.
Colin defends then the policy that he will change later in summer: “Can’t disclose until it’s, you know?, ripe for disclosure,” he tells Susser.
Colin requested that the case be re-assigned to another judge.
The judge spoke for hours with The Post, but due to his position, he was limited in what he could tell us. The judge would only state that he had used established methods to resolve the conflict with his wife.
“How can you convince a god that he is wrong?”
Unscrupulous guardians are a problem throughout the country, with some even being charged with criminal offenses. Florida’s first attempt at reform was passed last legislative session. It also included criminal penalties for guardians convicted of abuse. Advocates argue that legislative reform is meaningless if judges are complicit with the theft of senior guardianships’ life savings.
Colin and other judges are the first line of defense against guardianship abuse.
Colin, 66 years old, is one of the few judges in Palm Beach County Circuit Court that oversee guardians for incapacitated adults. If a senior is declared incapacitated, they may lose their legal right to make their own decisions. These judges approve expenses, including fees for guardians and guardians’ attorneys – again, all from senior’s funds.
Dr. Sam Sugar, cofounder of Americans Against Abusive Probate Guardianship and who spearheaded Florida’s legislation, said that “all the problems arise from the judges, the lawyers, and the greed-driven abusive guardians, they enable.”
Sam Sugar, cofounder of Americans Against Abusive Probate Guardianships says that state bills to limit professional guardians are receiving wide support in this legislative session.
Judges are very well-insulated. They are legal gods who believe only what their guardians tell them. How do you convince a god they are wrong? It’s almost an incestuous fraternity.
The Florida Supreme Court is the final arbiter of judges’ conduct. An ex-chief justice said that Colin’s conflict should be investigated.
Gerald Kogan, who was a member of the high court’s highest court from 1987 to 1998, stated that “if you are sitting at the bench, you shouldn’t be doing anything that would pose a question in public’s minds.”
Judge’s debt history: Foreclosures, IRS Liens
Colin’s Atlantis house: He was sued in 2009 for foreclosure, but he told The Post that it was a modification to his mortgage.
Colin and Savitt are the powerful couple in the lucrative probate market. However, Colin’s financial record is littered by debt. This includes suits for foreclosure on three properties, and $65,000 owed to the IRS for back tax.
Savitt had also recently been foreclosed on a home. Since she became a professional guardian, the couple’s financial difficulties seem to have decreased.
Although financial records show Savitt has separate finances from the judge, it seems that the couple have co-mingled their finances, West Palm Beach accountant Richard Rampell stated. He pointed out a $30,000 co-signed loan from Helen Rich (a Wrigley chewing gum heiress) that he was a former client when Colin was a divorce lawyer.
Rampell stated that even if couples keep their finances separate there will be overlap.
It’s quite common, especially if one earns more than the other. Rampell said that even though they may say otherwise, many do.”
Sugar says it simply: “Any money that she collects would essentially constitute money he collects.”
A professional guardian can be of great assistance
Most professional guardians don’t want to make a buck.
They can be a blessing, as they take over decision-making in families that are fighting for a dying relative. However, the cost of saving a loved one can be high. These seniors often have large savings and guardianships can quickly become expensive without proper oversight.
Most parties hire lawyers to represent themselves because the cases are in probate and Florida law is complicated. Many lawyers depend on the judge for approval of their fees. These fees are paid from the senior’s bank account.
Florida’s judicial canons prohibit judges from using the bench for their own benefit or that of their families.
“A judge must not allow any family, social, or political relationships to influence his judicial conduct or judgement. Judges shall not use the power and prestige of their judicial offices to promote the private interests of judges or others. Canon 2(b), Florida Judicial Code of Conduct
Former Chief Justice Kogan suggested that the conflict between Colin and Savitt could be a violation of the Florida Judicial Code of Conduct. This should prompt an investigation by Judicial Qualifications Commission.
“I would definitely look into this if I was a JQC associate.” He said that it gives off an impression of impropriety.
The JQC can recommend to the Florida High Court punishments for judges, ranging from a private reprimand through to sanctions and even removal from the bench.
Raoul Cantero and Kogan, both former high court justices, question why Palm Beach County’s chief Judge didn’t remove Colin’s probate division.
Kogan stated, “If I was the chief judge, this kind of thing would be unacceptable to me because it looks terrible not only to members the public, but also to the members of our legal profession.”
Cantero agreed that it was an administrative matter. The judge should be assigned to a division that doesn’t have conflicts.
Since his wife became a professional guardian, Palm Beach County’s chief judges have been able to move Colin. Each judge presided over the case at one point, though they were both her attorneys and her lover.
“Savitt used our money to her own gain”
Helen O’Grady, a retired teacher, died in Boynton Beach at the age of 83 in 2012. She was a senior “ward” under Elizabeth “Betsy” Savitt (wife of Circuit Judge Martin Colin).
Family members claim they watched as Savitt (60), and her lawyers swindle the wealth from their loved ones. Judges who rule for their spouses make them feel powerless. Family members fighting Savitt claim Colin’s attorneys allow her and her lawyers to pursue what guardianship critics call “staged litig” – pursuing unnecessary legal issues in order to collect fees.
“It’s his spouse, Betsy Savitt and her attorneys that wasted our family money through billing hours due sibling infighting,” stated Thomas Mayes. He fought Savitt’s attempt to collect $55,000 from Helen O’Grady’s estate. “She helps herself and her lawyers, not the client or the ward of court,” said Mayes.
While the seniors may be infirm, some people are skeptical of the wife of the judge. Albert Vassallo Sr. is a former Brooklyn plumber and spoke to The Post at Deerfield Beach’s senior center.
“That woman is the only one who takes money from me.” He said, “But I’m going on that.” “I wish she could be stopped.”
Attorney: “Courts have permitted this culture.”
Probate and elder law lawyers are often discussing the conflict that Colin’s wife created by him working as a professional Guardian. Many elder law attorneys told The Post they are afraid of reprisals from their clients or themselves if they speak out about Colin, especially on matters involving his spouse.
One attorney spoke on condition of anonymity, “I blame the judges because they have allowed the culture.” “Savitt acts in impunity because she has the wind behind.
Edward Shipe, a probate attorney, stated that Colin’s conflict-of-interest at the very minimum “doesn’t look right or feels right.”
Shipe stated, “I cannot sit here and deny it.” So we had this wife, and she wanted to handle guardianship cases, so she set up a guardianship company. It was discussed before it actually happened. “I was scratching my head, thinking, “You’re going to have trouble doing this.”
Professor Jarvis asked if Savitt attorneys hope to have an advantage over Colin.
“Is this to curry favor with Judge Colin, or to escape his wrath?” Jarvis stated.
Savitt frequently hires Ellen Morris, Hazeltine and John Pankauski who are all well-known elder law practitioners. Before Colin began to withdraw from his cases last year, they or their partners practiced before him. Colin has had 30 recuses between 2009 and 2014. He has resigned from 133 cases since July 1, including 115 that involved his wife’s attorneys.
Judge Colin repeatedly approved fees in non-Savitt cases for Hazeltine, Morris, and Pankauski, as well as their firms, according to The Post.
Clifford Hark from Boca Raton refers cases towards Savitt. In other cases, he has also received fees that were approved by the judge. Colin, for example, signed off on $51,000 in September 2013 from the estate of Stanley Hornstine.
Kathleen Osterbuhr, a daughter of O’Grady, from Derby, Kan., wrote to the court saying Hark had promised to fight Savitt’s petitions in court for lucrative fees. However, she never did.
In another letter, Mayes stated that Hark had made mistakes and extended this case for his benefit and that Savitt’s “conflict-of-interest has caused more problems than it has resolved.”
Hark stated to The Post that he has been practicing in South Florida for 28 years and doesn’t “rely on Judge Colin for his livelihood.”
He wrote an email to The Post, “I represent and zealously advocate my client’s interests regardless of Ms. Savitt’s involvement in the case,”
He noted that Savitt had opposed his fees in guardianship cases and that Colin had not paid him all of the fees he requested by his firm.
Hark stated that he wasn’t aware of any complaints against her from attorneys or family members in O’Grady’s case. He also referred to Lorraine Hilton’s guardianship, where the family accuses Lorraine Hilton’s spouse of financial mismanagement. Hark stated that he would recommend other guardians than Savitt, and that ultimately the decision rests with the families.
Although most of Savitt’s lawyers spoke to The Post, they were limited in their statements.
Mayes O’Grady, O’Grady’s younger son, claimed that Savitt took advantage of family turmoil by sending their conflicts to court, where they were resolved. The litigation generated more money.
Mayes stated in an interview that “that was a fix.” “I was still doing the work, but she (and her attorneys) were billing and keeping it up with family.”
Family members learned that Savitt was married a judge. Judge Rosemarie Scher then presided over the case and said she had been out to dinner with them. She described Savitt’s wife as “part the judicial community.”
Mayes stated that Savitt had not told us before, something I felt she should have,” “The lawyers never informed us. He was probably in another division. But, I was wrong.
Savitt’s divorce was supervised by chief judges
Colin is allowed to continue in probate under Jeffrey Colbath and Peter Blanc, who are chief judges since Savitt became registered guardian four year ago. While the other judges rotate, Colin has remained in probate under Peter Blanc and Jeffrey Colbath. He has not been removed from the south county courthouse since at most 2008.
Blanc and Colbath (current chief judge) presided over Savitt’s divorce separately and made favorable rulings for her.
Blanc stated that he was an “independent contractor” for nine months at Colin’s law office. According to Blanc, there was discussion around a possible conflict when Savitt became guardian. However, he felt content not moving him out the probate as Colin had promised not to preside over her cases. The Post has yet to find any Savitt cases in which he did.
Chief Judge Colbath refused to answer questions about this story. However, he can move Colin to another division if necessary.
In 2013, Chief Justice Jorge Labarga of the Florida Supreme Court issued an administrative order emphasizing that chief judges of circuit courts are responsible for taking “corrective actions as may be necessary” when they feel that a judge is acting in an inappropriate manner. Labarga declined comment to this story.
Judges plan trip together, socialize
The Post learned that Judge Colin and his wife had socialized with one the judges she appears before regularly.
Colin and Circuit Judge David French eat lunch almost every day. French and Colin hosted a trivia night for the South Palm Beach Bar Association in May. Pankauski’s company cosponsored the event. French didn’t respond to repeated requests for comment.
Gayle Smith, French’s first exwife, stated that her son was raised in French’s home and knew Colin as his father’s running “mate”. They also shared a love for travel and often went on trips together.
Christine Connelly, French’s second ex, claimed that she and Judge French were close friends with Colin Savitt. They had been planning a cruise vacation together about five years ago. But it was canceled when Colin lost his passport.
She said, “We hung out and played tennis.”
French doesn’t seem to always reveal this information to Savitt’s lawyers in court on matters such as fees and her activities as a guardian.
Thomas Dougherty stated that he would have loved to have known about the socializing between judges when he fought Savitt in front French.
Colin is the pilot for elder-care
All conflicts aside, Chief Judge Colbath believes in Colin.
Colbath announced in September that the Eldercare Coordination Pilot Program, which Colin will lead to resolve guardianship disputes outside of court, would become permanent. This program will reduce costs by avoiding the use of attorneys and allowing families to go to mediation.
Colin is excited.
He stated that the pilot program was designed to establish a conflict-dispute mechanism that would allow guardians and their family members to discuss nonlegal matters in a conference setting, and not in courtrooms. This will reduce tension and cost.
In testing the program, seven circuits from Florida, including Palm Beach County, were included along with Indiana, Minnesota and Idaho.
Is it enough to end conflict with just a few retractions?
Colin is trying to end any conflict in the courtroom. However, a divorce case shows how dangerous it can be.
Amber Larkin claimed that Andrew hired Pankauski, a trust attorney, to represent her husband. Andrew knew Colin would need to withdraw himself. According to court transcripts, Judge Colin indicated that he would rule in her favour on a life insurance matter and even throw her husband into jail.
Pankauski had to defend himself against the recusal allegation and also on the accusations that he was part a strategy to get Colin to recuse.
At a Sept. 29 hearing, the judge explained to the court why he has decided to withdraw from any cases involving his spouse’s lawyers after four years.
Colin stated that the requirement that attorneys disclose their work for Savitt was “100 percent acceptable” and that there has never been a complaint.
Colin stated that automatic recusals ensure there is a court case record so it is clear whether opposing lawyers are aware of any potential conflict.
He told The Post that he had used long-standing, approved methods to deal with potential conflicts.
Colin’s prior policy might have been flawed. The Supreme Court’s Judicial Ethics Advisory Committee ruled in 2005 that judges are those who should disclose.
Colin was not the first to be accused of conflict of interest. In 2009, complaints surfaced about Colin favoring lawyers who represented Savitt during her divorce proceedings. Colin claims he was not punished. However, the JQC has the right to reprimand a judge privately.
Colin was briefly removed from the family division and placed into probate. His wife became a professional guardian within two years.
Despite his financial problems, Colin supervises the divorce and probate cases where he makes critical rulings about money.
Jarvis, who teaches a course on professional responsibility, said that Jarvis “By staying within the probate division he put himself in position to influence what work is received by his wife.” This many recuses is a sign that something is wrong. He should not have put himself in this position and had to withdraw so many times.