A judge refuses to dismiss a lawsuit against Terri's Law filed by Michael Schiavo.
By WILLIAM R. LEVESQUE and STEVE BOUSQUET
Published November 8, 2003
Gov. Jeb Bush wants to meet with Terri Schiavo's new court-appointed guardian to help broaden the reach of his investigation, even after a judge decided what the inquiry should cover.
As Bush's office tried to set up a meeting next week, a Pinellas-Pasco circuit judge Friday rejected a motion by the state to dismiss a lawsuit filed by Mrs. Schiavo's husband challenging the constitutionality of Terri's Law.
The measure, adopted Oct. 21, allowed Bush to order doctors to reinsert Mrs. Schiavo's feeding tube after she went six days without food and water. The law also ordered a judge to appoint a guardian ad litem for Mrs. Schiavo to make recommendations to Bush and the courts.
"In order to do that," Bush said, "I would like the guardian ad litem to provide a broader set of facts than what the judge has ordered him to look at."
In appointing Jay Wolfson as guardian, a Pinellas-Pasco circuit judge ordered that Wolfson's investigation be limited to determining whether Mrs. Schiavo can benefit from therapy allowing her to swallow food and water.
But Wolfson is free, by court order, to meet anyone he deems might help his inquiry. He is required to recommend to Bush by December whether the feeding tube should be removed again.
Wolfson could not be reached for comment on Friday.
While Bush said he wanted to speak with Wolfson about the question of therapy Mrs. Schiavo has received, he also wanted to discuss broader issues.
"It's uncertain to me whether Terri Schiavo wanted to be taken off of life support and die by starvation," Bush said. "That's a different concept than being terminally ill and being taken off life support to die with dignity. So those are the kind of questions that I would hope he would have an interest in looking at as well."
Attorney George Felos, who represents Mrs. Schiavo's husband, Michael Schiavo, said Bush has never been interested in the case's facts.
"Dr. Wolfson is free to meet with anyone he considers useful in carrying out his charge," Felos said. "I think the question is, does Dr. Wolfson consider the governor useful."
Roberta Flowers, director of the Trial Advocacy Center and supervising instructor for litigation ethics at Stetson University College of Law, said Bush must be careful not to appear as if he is bullying Wolfson to influence his report.
Flowers said the governor must appear impartial. "I think it appears at the least that he is stepping over the line," she said.
Pinellas-Pasco Circuit Judge Douglas Baird refused late Friday to dismiss Michael Schiavo's lawsuit against Terri's Law.
The judge disagreed with arguments that Bush had not been properly served with the suit and that the case should be tried in Tallahassee.
Bush spokesman Jacob DiPietre said Bush's lawyers were reviewing Baird's order.
"Procedural issues aside, we are confident once the case is properly before the courts the law will be found constitutional," he said.
