Thursday, February 21, 2008

A Judge Has Asked Why Spears' Case Should Be In Federal Court

A Judge wants an attorney who says he represents Britney, to tell him why her conservatorship case should be heard in federal court.

Judge Philip Gutierrez ordered attorney Jon Eardley on Tuesday to explain by Feb. 29 why the federal court should intervene in a probate case.
The order came after attorneys for Britneys' dad, James Spears, who was named her temporary conservator Feb. 1, states in a motion that the conservatorship should stay in state court.
They say a Court commissioner had previously said the Miss Spears did not have the mental capacity to retain her own counsel, and conservatorship matters do not come under federal jurisdiction.

Eardley filed papers Feb. 14 to move Britneys' probate case to federal court, saying the terms of the conservatorship violate her civil rights.

A message was left at Jon Eardley's office Wednesday but was not returned.

Spears was placed under a conservatorship after the pop star was taken to a psychiatric hospital twice this year.
Conservatorships are created when a court decides a person cannot take care of themselves or their affairs.
Britneys' Dad and attorney Andrew Wallet were named co-conservators of the singers estate.

Attorney Jeffrey Wexler also asked the judge to require Eardley to pay Miss Spears fathers attorney fees and extra expenses caused by the removing the case to federal court, and to show all of the names of anyone he involved in the case.

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