Winter 2004

Pine Tree Case Summaries

T he following are summaries of some of the cases Pine Tree Native American Unit attorneys have handled over the last six months.  You can call attorneys Judith Plano or Mike Guare or paralegal Danny Mills at 1-800-879-7463.

Guardianship:

The client's nephew was under the guardianship of the Department of Human Services. Pine Tree represented the client as an intervenor in a DHS proceeding and successfully argued that the client should be appointed the guardian instead of DHS. Pine Tree ended up representing the client in both state and probate court. The client now has legal guardianship of her nephew and DHS is no longer involved.

Housing:

Judith Plano has filed a housing discrimination complaint with HUD on the basis of racial discrimination. The Maine Human Rights Commission is now investigating.

In another case, Judith recovered a security deposit that was owed to a client. It took many months, many phone calls, and finally driving to meet the property manager to get a check in-hand.

In a third case, the client was living in a trailer that did not meet the warranty of habitability standards. The client called code enforcement and then received an eviction notice. Pine Tree went to court with pictures of the many violations. The judge ruled that it was a case of retaliation and the client was not evicted. The client later found other housing without being forced out onto the street with his family.

In yet another housing case, the client was being evicted for not reporting a misdemeanor conviction on the housing application. Judith was able to negotiate with the housing authority attorney. The client was pregnant and was on the waiting list for reservation housing. As a result of the negotiations, the client was able to stay until a month after baby was born to give the client and baby some adjustment time. This time also allowed client to find housing on the reservation.

Miscellaneous:

In other cases, Pine Tree represented an elder in a divorce and wrote wills and medical power of attorneys for two disabled clients.