Latest news with #ProbateCourt
Yahoo
25-05-2025
- General
- Yahoo
James Lane Pierson, Jr. James Lane Pierson, Jr., died on
May 24—James Lane Pierson, Jr. James Lane Pierson, Jr., died on Tuesday, May 20, 2025, at the age of 86. James is survived by his five children, whom he had with his wife and later-in-life friend, Mary. He is also survived by his many brothers and sisters. Please, pray for James, an Alumni of the old St. Joseph's College, later retiring as the Bernalillo County Probate Court Administrator under, now deceased, Judge Thomas Mescall, Sr. Pray too for his family during this time of his passing. Mass and Burial will be held sometime during the last week of June 2025. Details are to be announced. To sign James' online guestbook, visit
Yahoo
17-04-2025
- Politics
- Yahoo
Georgia high court hears Sapelo zoning referendum case
A case before the Georgia Supreme Court stems from McIntosh County's decision in September 2023 to allow the construction of larger houses in the modest Hogg Hummock neighborhood, which is one of the last Gullah Geechee communities in the United States. .John McCosh/Georgia Recorder The Georgia Supreme Court on Wednesday heard oral arguments about a controversial zoning decision that threatens to change the character of an historic Gullah Geechee enclave in McIntosh County. Attorney Philip Thompson, who represented Sapelo residents Barbara Bailey, Christopher Bailey, and Stanley Walker set the scene, telling the justices, 'The purpose of this petition is to protect and preserve the Hogg Hummock community, one of the last Gullah Geechee communities in the United States and a cultural and historical treasure, both for the state, but also for the country as well as a whole.' The case stems from McIntosh's decision in September 2023 to allow the construction of larger houses in the modest Hogg Hummock neighborhood. Long-time residents feared the resulting gentrification and the higher taxes that accompanied it would drive them out of their ancestral homes in favor of wealthy developers. The county seeks to expand its tax base. About 96% of Sapelo is owned by the state. In the 434-acre neighborhood of Hogg Hummock, about 250 acres are owned by descendants of enslaved people brought to the island from West Africa. Hogg Hummock is listed on the National Register of Historic Places. To undo the 2023 zoning, residents mounted a petition drive that collected enough signatures to force the county to hold a referendum on the issue. Early voting had already begun in September when the county sued its own Probate Court Judge Harold Webster to stop the referendum. Superior Court Senior Judge Gary McCorvey then agreed with the county that the referendum wasn't legal, halting the voting midstream. In a separate, ongoing lawsuit nine Black residents of Sapelo are suing the county in McIntosh Superior Court on the grounds that the zoning measure was unjust and discriminatory. Attorneys from Southern Poverty Law Center and Bondurant, Mixson & Elmore are representing the residents. The Supreme Court heard oral arguments in the appeal of McCorvey's decision Wednesday. Two other related cases were heard at the same time: Webster v. McIntosh County, and McIntosh County v. Webster et. al. These two cases deal directly with McIntosh's Webster's approval of the referendum. The state constitution's 'Home Rule' provision lays out the referendum process, which allows for a vote on 'local acts or ordinances, resolutions, or regulations' if the requisite number of county residents sign a petition requesting it. It's not the first time a referendum issue has come before the high court. Camden County held a referendum on a proposed spaceport in 2022. The county objected to the referendum in Camden v. Sweatt, but in a unanimous decision the high court affirmed the validity of that vote. Much of Wednesday's hearing dealt with whether referenda can be employed to revoke zoning decisions. The county contends the Home Rule provision doesn't apply to zoning, while the residents and Webster say it does. The justices probed both sides, trying to discern the original intent of lawmakers in a maze of paragraphs and subparagraphs. The questions turned esoteric at times. 'You have paragraph (a) that expressly reserves to the General Assembly, I think, a sort of substantive power to expand or limit anything that comes under that,' said Justice Andrew Pinson. 'And then in paragraph four, it reserves to the General Assembly the more limited power to enact procedural things. And so I see there's sort of a tension between, if zoning comes under (a) what about four?' Those questions reflected the need to clarify the little-used provision of the Constitution, Thompson said. 'The justices were clearly very well prepared and very tuned in to the difficulties presented by the language of the Constitution,' Thompson told The Current after the hearing. 'By language that hasn't been tested a lot, certainly not on the scale it was tested in the Camden case and now tested here. We feel confident in our position. It's only a good thing that the judges were so keyed in.' The justices also examined the fact that the county was suing its own probate judge in his official capacity. 'He's a county official, right? asked Chief Justice Nels S. D. Peterson. 'So isn't a suit by the county against a county official in their official capacity, essentially a suit by the county against the county?' The situation means that McIntosh is paying for the attorneys on both sides of its case against Webster. Several justices seemed concerned that the zoning ordinance in question was not included in the filings. 'So if we don't have that in the record, what is the court to do?' asked Justice Verda M. Colvin. Jarrard referred them to the language of the referendum question. The hearing lasted about 45 minutes and can be viewed here. 'McIntosh County appreciated the opportunity to present its position to the Georgia Supreme Court,' Jarrard said. 'The County looks forward to receipt of the Court's ruling.' This story is available through a partnership with the Current.
Yahoo
05-03-2025
- Yahoo
DCF missed chances to protect 12-year-old impregnated by guardian: Report
The archive video above aired on Nov. 13, 2024. HARTFORD, Conn. (WTNH) — The agencies meant to protect a Bristol woman when her guardian impregnated her at 12 years old dropped the ball multiple times, the Office of the Child Advocate (OCA) determined in a report released Wednesday. In November, that woman, 29-year-old Crystal B., sat down for an exclusive interview with News 8 while pursuing a multi-million dollar claim against the Connecticut Department of Children and Families (DCF). News 8 Exclusive: Bristol woman pursuing legal action and claim against Connecticut Department of Children and Families She shared her story of more than a decade of sexual abuse and claimed that DCF did nothing to intervene, despite one of its own employees reporting concerns. In their new report, the OCA agrees that the DCF and guardianship proceedings in Probate Court missed multiple opportunities to protect Crystal. 'Despite numerous reports, (Crystal's) pregnancy, (Roger Barriault's) refusal to take paternity tests, and, later, receipt of text messages alluding to Mr. Barriault's paternity, DCF did not contact the police to alert them to the allegations of sexual abuse,' the report states in a summary of its findings. DCF responded to OCA's report but denied comment on the Barriault case due, in part, to related criminal proceedings. However, they defended agency protocols, which they said have been 'enhanced significantly' since Crystal's experience and are quality-controlled with supervision and ongoing communication with the Probate Court Administrator. The agency's full statement can be found on the report's final pages below. OCA-Report-Probate-Court-2025-03-04Download Roger Barriault, the man Crystal called dad, was charged with first-degree sexual assault. His wife, Darlene Barriault, was also charged with risk of injury to a minor. Both pleaded not guilty to the charges, and their cases are still pending. Roger Barriault was accused of raping Crystal 'approximately 3,800 to 4,000 times,' according to the police report, starting when she was 9. When Crystal became pregnant at 12, she said Barriault threatened to take her child away from her and send her to jail. In 2023, a DNA lab test confirmed Barriault to be the father of Crystal's daughter. OCA's report found missteps started the year before Crystal's former guardians filed a petition in Probate Court to make the Barriaults her temporary guardians. In 2005, a 13-year-old girl and child of a family friend made allegations of sexually inappropriate touching by Roger Barriault, which launched a criminal investigation with police. DCF was notified of the allegations and opened an investigation regarding the children in the Barriault home at the time. Roger Barriault was also added to DCF's Central Registry. But the girl later recanted her accusations, saying she wanted to 'fix it' and go home to her family, whom she had been separated from due to her claims. In 2007, the charges against Barriault were nullified, and he was later taken off the central registry. Meanwhile, the Barriaults were in proceedings to gain custody of Crystal. At times, a family member to Darlene Barriault was her official guardian. In 2008, DCF endorsed and approved the couple's guardianship application of Crystal. At the time, Crystal said she was six months pregnant and told her therapist that Roger Barriault had sexually assaulted her. However, when interviewed by others, OCA's report says 12-year-old Crystal denied the allegations, and the case was dropped. In the years following, OCA said DCF investigated the Barriaults on multiple occasions in response to allegations of abuse or neglect of the children in their care. During one assessment, DCF noted suspicions that Roger Barriault was the father of Crystal's child, and an investigation was started, but everyone in the household denied the allegation, and Barriault refused a request to take a paternity test. OCA said DCF did not tell police of the allegations. No action was taken in 2015 either, when texts were shared in a DCF Probate study that showed messages from Roger Barriault that alluded to his paternity. It wasn't until May 2023 that Crystal gave a statement to police alleging Barriault's abuse, which led to a criminal investigation and another DCF investigation launch. The allegations were substantiated that summer, and Barriault was again placed on the DCF Central Registry. At that time, the children in the Barriaults' care remained with Darlene while Roger moved out, and OCA's report says the DCF case was closed. In early 2024, Roger and Darlene were both arrested on multiple charges after a paternity test confirmed the allegations. Last year, DCF told News 8 their department had no involvement with Crystal's placement in the Barriaults' home because the family received guardianship through Probate Court. They also said they had no involvement with the family or Crystal from 2003 to 2006. But DCF records obtained by News 8 in November show a report was received by the agency in 2006 alleging 'a child in the home was being sexually abused by Roger Barriault.' Another record showed a similar report from a caller identified as a 'DCF worker.' Crystal's $30 million claim against DCF is currently pending with the Claims Commissioner's office. Both Barriaults are due back in New Britain court in April. Their appearances are listed as 'pre-trial.' News 8 reached out to Roger Barriault's attorney for comment on the report and have not heard back. Connecticut Attorney General William Tong deferred to the DCF when asked for comment. The OCA is an independent government agency that reviews complaints concerning the actions of any state or municipal agency that provides services to children through funds provided by the state. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
