Judge Appoints Guardian Ad Litem

CLEARWATER - A University of South Florida health law professor will act as Terri Schiavo's guardian ad litem for the specific issue of whether she can ever eat normally, a judge ruled late Friday.

Jay Wolfson, who has served on the board of directors at Tampa General Hospital and who teaches health law, medicine and other subjects at USF, Florida State University and Stetson University College of Law, was appointed by Chief Pinellas-Pasco Circuit Judge David Demers.

Demers was directed to make the appointment as part of the controversial "Terri's Law" statute, which was quickly passed by the Legislature on Oct. 21. The law granted Gov. Jeb Bush the power to override a court order and have Terri Schiavo's feeding tube reinserted after the brain-damaged woman went almost a week without food and water.

In an order announced shortly before 5 p.m. Friday, Demers said he had to rely on a pleading Bush had previously filed in federal court to decide what Wolfson's job should be.

Governor's Words

The Legislature provided little guidance in the wording of Terri's Law, Demers said, but the governor's stated concerns about the case clearly center on the issue of whether Terri Schiavo "might be able to feed naturally once the feeding tube is disconnected."

At no point did the governor question whether the tube should have been disconnected Oct. 15, but Bush did ask a federal judge to "consider whether the ward should undergo swallow tests and therapy" before removal of the feeding tube, Demers wrote.

The judge also pointed out that the trial judge, who in February 2000 ruled that Terri Schiavo would not want to be kept alive with a feeding tube, has addressed the issue of swallowing and eating normally and concluded she will never be able to do so.

According to the records cited by Demers, Terri Schiavo was last tested for the ability to swallow in 1992.

Demers gave Wolfson 30 days to investigate Terri Schiavo's case and report back to the governor, with a copy to be provided to Circuit Judge George Greer, the original trial judge.

"The report will specifically address the feasibility and value of swallow tests for this ward and the feasibility and value of swallow therapy," Demers' order states.

Middle Ground

Wolfson could not be reached at his office late Friday. Previously, he said he would not be commenting on his duties as guardian ad litem.

Attorneys for Michael Schiavo, who wants his wife's feedings halted, and Bob and Mary Schindler, who want their daughter kept alive, also could not be reached.

Terri Schiavo, 39, has been in what her husband's doctors term a persistent vegetative state since suffering heart failure that cut off oxygen to her brain in 1990.

After a nonjury trial, Greer ruled Terri Schiavo made statements before falling ill indicating she would not want to be kept alive in such a state with no hope of recovery.

The Schindlers dispute that and contend that their daughter could improve with therapy.

Wolfson's appointment and mission fall somewhere in between the desires of both sides as stated in recent court filings.

Last week, Demers asked the two sides to comment on his proposal to appoint Wolfson and offered them the option of agreeing to a different guardian ad litem.

George Felos, attorney for Michael Schiavo, said his client has no objection to Wolfson's qualifications, but objected to any appointment.

Michael Schiavo has sued the governor and asked a court to declare Terri's Law unconstitutional. If the law is unconstitutional, Wolfson's appointment is unconstitutional, Felos said.

In his order, Demers said Wolfson should stop work if Terri's Law is found to be unconstitutional.

Pat Anderson, the Schindlers' attorney, objected to Wolfson and accused him of being biased against Terri's Law - and therefore Terri Schiavo - based on a brief television interview the professor gave last week.

In the interview, Wolfson said that if Terri's Law stands the constitutional test of the courts, "then it certainly implies that the executive of our state has the prerogative of injecting the state into your life or your family member's life," according to a transcript provided by Anderson.

In his order, Demers said Wolfson did not express opposition to Terri's Law.

Felos and Anderson also differed on what they thought Wolfson should be assigned to do.

Felos wanted his activities limited to the issue of whether the tube removal was lawful.

Anderson wanted Wolfson to look at a broad range of issues, including whether Terri Schiavo would want a divorce because her husband lives with another woman and has fathered a child with her, with a second on the way.

Demers said Anderson's request was too broad and Felos' was too narrow.