Judge questions moving Spears' case - East Valley Tribune: Get Out

Judge questions moving Spears' case

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Posted: Thursday, February 21, 2008 10:39 am | Updated: 11:26 pm, Fri Oct 7, 2011.

LOS ANGELES - A federal judge wants an attorney who claims to represent Britney Spears to explain why he believes her conservatorship belongs in federal court.

Attorney Jon Eardley argues that the terms of the conservatorship, which occurs when a court determines someone cannot take care of themselves or their affairs, violate the pop star's civil rights.

Judge Philip Gutierrez on Tuesday ordered Eardley to explain by Feb. 29 why the federal court should intervene in a probate case. The order came after attorneys for Spears' father, James Spears, who was named her temporary conservator Feb. 1, argued in a motion that the conservatorship should remain in state court.

James Spears' team argued that a state Superior Court commissioner had previously found that the singer did not have the capacity to retain counsel, and that conservatorship matters do not fall under federal jurisdiction.

Eardley filed papers Thursday to move Spears' probate case to federal court. A message left at his office Wednesday was not returned.

The commissioner placed Spears under a conservatorship after she was taken to a psychiatric hospital twice this year. Her father and attorney Andrew Wallet were named co-conservators of her estate.

Attorney Jeffrey Wexler also asked the judge to require Eardley to pay James Spears' attorney fees and any extra expenses incurred from arguments over the request to move the case to federal court.

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