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Senator files complaint against judge in regional center case

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By NANCY HICKS / Lincoln Journal Star

Monday, May 12, 2008 - 05:58:40 pm CDT



Omaha Sen. Ernie Chambers filed an official complaint against a Sarpy County judge for sending a man to the Lincoln Regional Center in handcuffs.

Chambers referred to the situation as “a tawdry tale of a mentally ill person being reduced to a helpless pawn in a shoddy political squabble by a grandstanding numskull judge whose reprehensible conduct is unspeakably barbaric.”

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The 19-year-old man had been found unable to stand trial because of mental illness and was committed to the regional center, but there was no space at the Lincoln center.

Rather than wait the two to four weeks it takes with the current waiting list, Judge Robert Wester ordered deputies to leave the man at the psychiatric hospital — even if the hospital refused to admit him.

He threatened to hold the deputies in contempt if they failed to comply with his order.

Wester, on vacation this week, could not be reached for comment on Chambers’ complaint.

Chambers said Wester violated the Nebraska code of judicial conduct that prohibits willful misconduct and conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

Wester ignored the standard protocol — a waiting list that judges have traditionally accepted, Chambers said. 

Instead, he stepped in and disrupted the system itself, Chambers said. 

Wester leapfrogged over prior court orders of other judges, Chambers wrote in the complaint.

This is not an emergency situation, Chambers said in an interview Monday. And there were no circumstances that would justify Wester’s order to leave the man at the hospital.

A judge cannot do anything and everything he or she chooses without being called to account, Chambers said.

Trying to make a point about local officials’ frustrations is not the function of an unlawful court order, he wrote.

“A judicial office is a position of trust, and not a fiefdom,” Chambers wrote. And the court order, he wrote, “manifested gross insensitivity toward a mentally ill person and contempt for judicial orderliness and integrity.”

Chambers used a variety of adjectives to describe the judge’s conduct in his complaint to the Judicial Qualifications Commission.

“So brazen, contemptuous, reprehensible, inhumane, unprofessional, unjudicial and inexcusable was the atrocity fomented by the numskull judge in this case....”

Chambers said he wrote and sent the complaint quickly to Chief Justice Michael Heavican because he was so “irate, disgusted and furious” with the judge’s handling of the situation.

Chambers even had a few comments on the judge’s vacation.

“The fact that the numskull judge scurried into hiding, like a terrified gopher ... bespeaks moral cowardice impelling a judicial scoundrel to flee from ‘facing the music’ which his own hands composed.”

It would have probably taken two to three weeks for a bed to become available at the regional center , said Scot Adams, director of the Behavioral Health Division with the Department of Health and Human Services.

There are four people on that waiting list, he said.

The Judicial Qualifications Commission could decide to conduct an investigation. Based on its conclusions, it could choose from a number of potential punishments, ranging from a reprimand to removal from the bench.

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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Anya wrote on May 12, 2008 6:29 pm:
" Senator Chambers: YOU ROCK! Thank you SO MUCH for stepping in here. You will be sorely missed. "

 Voice for the common man. wrote on May 12, 2008 6:45 pm:
" What happened this past week a sad commentary on the state of Nebraska's judicial and mental health system.

Thank you Senator Chambers for speaking up for the rights of the common man. What a lot of Nebraskan's might not realize is that when Senator Chambers final term is over, we'll lose the one person who has had the guts to take a stand and speak up for the rights of all Nebraskans, no matter their status. No other Senator past or present could even begin to fill his shoes. "

 Anya wrote on May 12, 2008 6:48 pm:
" I read Senator Chambers' letter to Mr. Heavican, and while I agree with most of it, I have to point out that the prisoner/patient was NOT handcuffed to a chair and that the staff of the Forensic Mental Health Unit made every effort to be kind to this prisoner/patient and to PROTECT the public by not allowing this child (really, he's only 19!) to wander off. If you look at the timeline, you will see that the deputies left the prisoner around 3:00 which is the middle of shift change at the Regional Center, and so they had the staff available to watch the prisoner/patient. I'd like to see what would have happened if they had left him on the front steps at midnight!
I feel sorry for the deputies to the extent that they were put in such a bad situation, but what they did was reprehensible! The Sarpy County Lt should have accepted the contempt charge and gone to jail, which would have been much better for everyone involved. "

 Eric wrote on May 12, 2008 6:56 pm:
" As much as I hate to agree with Ernie, this time I have too. This judge is an idiot. He had no right to force the deputies to do what they did. I, for one, hope this mans family sees fit to sue over this treatment. "

 Darren wrote on May 12, 2008 7:21 pm:
" So how is that community based mental health care coming Govenor? Not worth s damn I'd say. The way you and your cronies have messed up the mental health system in this state is border line criminal and I hope prevents you from ever holding office in this state again. You tried to buy votes by gutting the mental health system in Nebraska and then tried to control DHHS to sweep it under the carpet. "

 Tim wrote on May 12, 2008 7:29 pm:
" Nothing like a chance to get your name in the paper again. "

 mike wrote on May 12, 2008 8:07 pm:
" way to go he needs to look at some other judges to,they think there god "

 hh wrote on May 12, 2008 8:11 pm:
" once again, as all to often lately, in this grand state, the judicial system fails even basic rules of law. When are the people going to wake up and throw these scumbag judges out of office. Probably never, as they are to frightened of their own shadows. The "good life" haha "

 Thankful For Term Limits wrote on May 12, 2008 8:32 pm:
" "Wester ignored the standard protocol" and Mr. Chambers ALWAYS follows standard protocol. "

 too funny wrote on May 12, 2008 8:41 pm:
" Well it didn't take long for our old buddy to get into the news again. I was thinking I was beginning to forget about old Ernie. "

 whatever wrote on May 12, 2008 8:42 pm:
" Thank you Sen. Chambers. One of only a handful of leaders in this state that "get's it". This judge is only too typical of the type of individual from the Unicameral, to Vision 2015, to the governors mansion etc., that runs the State of Nebraska. "

 Al wrote on May 12, 2008 9:42 pm:
" Oh Ernie, I am truly going to miss the way you have with words. The way you have with people usually leaves a lot to be desired, but you are right on in this case. Thanks for your years of service. I'm sure we haven't heard the last from you, nor do I want that. "

 Anti Ernie wrote on May 12, 2008 10:07 pm:
" I figured it wouldn't take long for ernie to start shooting his mouth off about something. "

 Lucas wrote on May 12, 2008 10:31 pm:
" You know for the first time in my life, I actually agree with Senator Chambers... Must be snowing down below! "

 DOC wrote on May 13, 2008 3:54 am:
" Okay Class. If you need a dictionary to read a letter from old Ern' it's probably a good one. Sometimes Ern' makes a point but misses another person's point. The judge right or wrong was showing the way that the mental health facilities have been destroyed by Gov. Hinney and friends. The people with mental problems don't vote, don't donate at fund raising dinners so we can throw them in the ditch. Thanks Ern', you brought more attention to a problem by pointing out how a judge's hand were tied in how he could deal with the shortage of space that has been created. "

 Terry wrote on May 13, 2008 5:56 am:
" Here's one of the few times I agree with Chambers. Remember when you go to the polls, if there's an item to retain a judge, ANY judge, on your ballot, vote NO! We've started to clean out the Legislature, now if we can clean up the horrid Judicial system in this state, there may be hope! "

 BigMo wrote on May 13, 2008 6:33 am:
" Way to go Sen. Chambers! I find it horrible that persons with mental illness are treated like this, and it is no wonder that with treatment like this people with mental illness suffer such stigma! Can you imagine a person with any other illness being treated like this by any other person, let alone the police and a judge. Would the police have done this to a person with cancer even if a judge had ordered it. Don't just give the police a pass because of a judge's order...that's what Hitler's underlings said too..."we're just following orders..." Bull Crap - It's is time we all stand up and say enough is enough, persons with mental illness do not deserve such third-class care and treatment. It could be someone you love next... "

 Mental Health Reform wrote on May 13, 2008 7:14 am:
" What about the role of the mental health reform? That is where this all started - close the needed institutions and tell these agencies that they will receive support and money to assist with consumers like this 19 year old. If you want to make a difference Ernie, lets look at the what the real problem is here. I commend the judge for wanting the state to take notice that this system is broken. Get to the real problem Ernie, your name will still appear in the headline. I think you have the wrong fight on this one - go for the big dogs! "

 Douglas Novak Crete wrote on May 13, 2008 7:33 am:
" Thank you Senator Chambers. You are just the help needed by this Judge to make the under serving mental health system a very public issue. Without a doubt Senator Chambers has fooled most of the public with his finger pointing at the judge. I suspect Senator Chambers is using this grandstanding tactic to help the Judge draw attetnion to this issue and Senator Chambers is also using the 19 year old as a pawn in his ultimate goal of improving the mental health care situation for Nebraskans. What is gained by repremanding the judge? Not much. What COULD be gained by Senator Chambes actions..piled upon the Judges original action? Raising the public awareness and potentially bringing themental health care system to the top of the list for improvement. If Senator Chambers is going to be a pain-in-the-rear in his retirement from the Legislature, good! Nebraskans can benefit from this pain. "

 Citizen wrote on May 13, 2008 7:52 am:
" I'm so glad that someone took action on this. Way to go, Ernie. "

 Not unique wrote on May 13, 2008 7:55 am:
" Several years ago, a judge in Lancaster County said the same thing to the then Department of Public Institutions. DPI argued that there were no beds available and to put the person there risked losing Medicaid funding. The judge didn't care and ordered him into the institution. "

 Nina wrote on May 13, 2008 8:13 am:
" Cheer, cheer, for Senator Ernie! Barbaric is right, and I admire politicians who stand up for the underdog in our society. Not only is it moral to do so, but it is in following with what Jesus said to do. "

 Good job judge wrote on May 13, 2008 8:31 am:
" I agree with the judge. What do you people want the deputies to do wait there with the patient in their cars for the two plus weeks? Get real. The kid was left safe no different then being locked up in a cell there. Or did you want them to take him to jail? Then all of you would be crying that the "poor, poor" kid was put in jail because of his mental illness. Lose lose situation huh. "

 John wrote on May 13, 2008 9:50 am:
" This might be the first action I have seen Sir Earnie take in a long time that actually has some merit. Go get 'em Ernie "

 Bob wrote on May 13, 2008 10:06 am:
" This is the type of thing that happens when our elected officials want to go to community based mental health facilities before they do any research. If the facility in Hastings was open this would not have happened. "

 Keep it up Ernie wrote on May 13, 2008 10:11 am:
" I was concerned that Ernie Chambers votes. How could I underestimate him? He will still be the strong advocate he has always been for those that are ignored by the political elite. As Anya wrote, Senator Chambers, YOU ROCK!!!!!!!! "

 Jon wrote on May 13, 2008 10:44 am:
" good! job! Senator Chambers, too bad the rest of the Senators wouldn't go after some of the other Judges that are so unfair to the commom person of this state, the system is so flawed it's all about money and game playing! "

 sarah wrote on May 13, 2008 11:04 am:
" As an employee at Lincoln Regional Center, I want to give recognition to the techs and ward staff who went above and beyond what was expected of them in this situation. Although this gentleman is quite sick, he was treated with dignity and respect-which is the norm at LRC.
Our ward staff doesn't get enough recognition for the hard work they do every day and that's sad. They are constantly adapting to situations and very mentally ill and volatile individuals, not something everybody can do. So good job guys and gals, we appreciate all you do. "

 Mike wrote on May 13, 2008 11:27 am:
" I don't agree with many of Senator Chamber's stances on issues, but in this case, I couldn't agree more. This judge needs to be removed from the bench. "

 Annie wrote on May 13, 2008 11:28 am:
" Well it worked didn't it? This Judge got this kid some much needed help. Who knows what could have happened if he was stuck on a waiting list for 2-3 weeks. I say hooray for the judge! A 2-3 week waiting period it NOT acceptable. He was left in a safe place where he was helped and protected. "

 TC wrote on May 13, 2008 11:29 am:
" “a tawdry tale of a mentally ill person being reduced to a helpless pawn in a shoddy political squabble by a grandstanding numskull judge whose reprehensible conduct is unspeakably barbaric.”

What language is this? This is obviously written by someone that is much, much smarter than most everyone else.

A "tawdry tale"? Might be fodder for a great soap opera.
"

 Sammi wrote on May 13, 2008 12:23 pm:
" Good for the judge! What's the real problem here. The Senators are trying
to save taxpayer's money at the expense of people with mental health problems and the expense of those they harm. If somoeone had a heart problem, should they wait 3 weeks for much needed medication?????? No person with mental problems should have to wait for much needed medication either. They are living in their own tormented mind. One minute might seem like an eternity of anguish.
Let's keep these regional centers open and use them as they were meant to be used. Let's make sure we always have room for those who need it. "

 dbhuskers wrote on May 13, 2008 12:47 pm:
" Well Senator Chambers or should I say former Senator Chambers. You are now filing a complaint against a judge who has his hands tied. A judge that is forced to live with a waiting list to the Lincoln Regional Center. Why is there a waiting a list? Because you Senator Chambers and our the very legilature you work for, voted in the past few years to cut funding to our regional center system. Funding that forced the Hastings regional center and Norfolk regional center make cuts and eventually close their doors. Now these judges have to deal with this situation the best they can. I applaud this Judge for forcing the regional center to take this guy immediately. These people need treatment, not to sit and rot in jails where they dont belong. Thanks Senator Chambers. You have proved to me again why I have always thought you were a hypocrite. You pass legislation to cut our regional centers and then berate a judge who has his hands tied because of that legislation. "

 the invisible feminist wrote on May 13, 2008 2:32 pm:
" I love Sentator Chambers' flair for picturesque lnguage and especially the profound ethical temperment that dances behind his memorable articulations.Good for you for standing up to such an unconscionable
abuse of power. "

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