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Francis probably would!
I'm not Catholic, but I think Pope Fransis is a good man. But I don't think his predecessor is.
Whoops! That's Francis!
I saw a vid of Francis asking for unity among all Cristians. He's the first in my lifetime to speak of solidarity in orthodox belief vice Roman dogma.
Saint John Paul II was athletic enough as a young man to have done this; he used to be an avid skier. But I don't trust these comic stars; they could be pulling our chain (or Binkley's)….
Heck, he even said non-believers were cool. Maybe even Heaven-bound if they're nice people. I hope he lasts long enough to make a Vatican full of good Catholics instead of the current mess.
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♥ Add EpisodeTube.com to your favorite bar.
How I Met Your Mother S08E07
|Watch Online How I Met Your Mother: Season 8 Episode 7 (S08E07) Stream
The Stamp Tramp
Plot: Marshall gets in the doghouse at work after he recommends a friend for a job, Robin helps Barney find a new strip club, and Ted is embarrassed after watching his video diary from college.
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A Good Deal: No Evil 022
Round up4.27 / 5.00 2,737 Views
Park Bench
A short film about a park bench4.16 / 5.00 2,189 Views
frog thing
frogggsgsgs3.79 / 5.00 2,527 Views
it was ok
the only part what i found rather comical was at the end. simply the "oh, my,. god". I'm glad its short as to not waste too much of my time. it was ok, far from good or "AWESOME" though/
not trying to be mean...
but serious wasnt THAT funny, however the easter egg and the animations were smooth
thats it
It's too short...
Hey man, that was just way too short and it didn't have anything much to do with the game which is what I was expecting to see actually. I'm a fan of the Awesome series so i hope you make another verison of Awesome Gaiden.
Will you make another MG Awesome based on MGS4?
Sorry, but this is a big disappointment for me
Well, I've written about two of your flashes, one was positive, the other negative. This review, I'm sorry to say, is also not positive. There were several issues with this one that were not in other flashes you made.
The first issue I had was that this flash was probably one of the shortest awesome flashes you've ever done. Not saying that short is bad, but the amount of content that was involved in the flash was very little, and although I know little about Ninja Gaiden, I'm pretty sure that much more could've been added to either help others understand a bit more about the game itself, or more time to add extra humor or poke fun at the game. Like I said before, short isn't bad, but then the flash must be of exceptional quality, and I'm afraid this flash is not.
The second issue with this Awesome flash was that the pace in this was way too quick for my liking. I understand that having it at a fast pace does make things a bit chaotic and more funny, but when the pace is too fast, the people who watch the flashes could get very confused about what is/did happened. For me, knowing little about Ninja Gaiden, it took me about four to five repeats to understand what the characters was saying. Even now, it's still hard to recall what they said.
Third is that it is very random, and does not relate much to the actual game, unlike the Metal Gear Awesome parodies you made. Randomness is a good thing to have, but under a certain linearity. I didn't understand at all why Ryu just jumped out of the TV and just wreaked the place. The flash overall seemed to explain more about how hard Ninja Gaiden is then actually following some parts of the game. I thought it would've been more interesting if it stuck to the game, or if it was something more ordered (still could have strange twists, turns, and randomness, like MGA).
The fourth, and most important issue for me, is the lack of humor in this flash. Again, this might be due to the fact that the flash was too short, but I didn't see any really interesting humor that I could really laugh at. I couldn't find a quote, action, or anything else that really was something I could remember a while down the road and say that it was really funny. It was a sort of funny the first time, then not funny the next time flash. I wouldn't mind about the first three issues, if this one could really be improved on in your next Awesome flash.
With that said, there are some things that I did like about it. One would be that I'm getting much more used to the animation style you use, and if you like using that style, I would not have a problem with it at all. Another thing is that I like that you still are working on the video game parodies, and hopefully you keep continuing on this series.
In conclusion, I was disappointed by this flash, since I know that you are a flash artist much more capable than this. I would've praised this flash if this was done by a artist who started fairly recently, but you've made some great works before, and I know you still can. I set the bar high for the ones I know who can achieve great things in what they're good at. I can't wait to see your next flash, and I hope it can really bounce back to where it was.


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decided: January 15, 1969.
IN THE MATTER OF OCEAN HILL-BROWNSVILLE GOVERNING BOARD ET AL., APPELLANTS,v.BOARD OF EDUCATION OF THE CITY OF NEW YORK, RESPONDENT
Matter of Ocean Hill-Brownsville Governing Bd. v. Board of Educ. of City of N. Y.,
Breitel, J. Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Jasen concur.
This appeal involves another phase of the turbulent school situation in New York City centering on the development of community school districts within the city school system (see Matter of Council of Supervisory Assns. v. Board of Educ., 23 N.Y.2d 458, decided today). The issue presented is whether the city Board of Education has the power to suspend a local district board from performing its functions without notice, charges, or a hearing. The Supreme Court and the Appellate Division have concluded, without disagreement, that the city board has such power, and this court is unanimously in agreement with them.
The opinion at the Appellate Division succinctly describes the recent statutory history and the events and conflicts which gave rise to this litigation. It is unnecessary to repeat what was described there, but in the light of the most recent developments additional comment is appropriate.
The City of New York, like many of the cities in the State, constitutes a single school district (Education Law, §§ 2501, 2550). The city Board of Education is charged with the general management and control of educational affairs in the city school district (§ 2552), subject, of course, to the plenary powers of the State Commissioner of Education who, himself, is subject only to the control of the State Board of Regents (§§ 301, 305). The State Commissioner is, indeed, a constitutional officer, as is the State Board of Regents a constitutionally created body (N. Y. Const., art. V, § 4; art. XI, § 2); and their exclusive concern and exercise of power over the educational system has been recognized definitively by this court, subject to markedly limited judicial review as compared with other administrative agencies of government (Education Law, § 310; Matter of Vetere v. Allen, 15 N.Y.2d 259, 265-267; Matter of Board of Educ. of City of N. Y. v. Allen, 6 N.Y.2d 127, 135-136; 52 N. Y. Jur., Schools, Colleges, and Universities, §§ 5, 6, 14, 15, 26).
Until quite recently local district boards empowered to function within local districts contained in a city had largely advisory functions and, subject to the city Board of Education, exercised very few limited administrative powers, and for a period between 1962 and 1968 had only advisory powers (§ 2564 [former § 2564 was added as § 2514 by L. 1947, ch. 820, renum. § 2564 by L. 1950, ch. 762, § 2, and repealed by L. 1962, ch. 615, § 1], as added by L. 1962, ch. 615, § 3, and amd. by L. 1968, ch. 568, § 4).
In 1967, and again in 1968, the Legislature authorized temporary experimentation in New York City with reconstituted local district boards in defined communities to allow greater community initiative and participation in the development of educational policy for the public schools (L. 1967, ch. 484, § 2; L. 1968, ch. 568, § 1). Pursuant to the later enactment, as an interim measure, section 2564 was amended to provide: "2. Such board of education, upon the establishment of such local board districts, shall have the power to appoint, or provide for the election of, and remove at its pleasure, a local school board for each such local school board district, which shall consist of such number of members as the board shall determine from time to time" (L. 1968, ch. 568, § 4). This continued in effect the removal-at-pleasure provision that had been a part of the statute since 1962 (L. 1962, ch. 615).
The city board had earlier created three such districts as school decentralization demonstration projects, and allowed the community "election" of local boards, at least in the case of the Ocean Hill-Brownsville local school board district, with the aid of private funds and a private foundation. No election procedure or apparatus otherwise provided by law was utilized (cf. § 2609; December 14, 1968 Proposed Community School District System Plan).
The Ocean Hill-Brownsville local school board was suspended on October 6, 1968 for 30 days. The suspension was further extended on November 6, 1968. It is this suspension that is the subject of the present litigation. The suspension was occasioned by the allegedly illegal "dismissal" of a number of teachers in the district, later converted into an allegedly equally illegal "transfer" of some of the same teachers out of the district. Concededly, the suspension of the local board was summary, without notice, charges, or hearing.
The local board argues that it was not summarily removable and, therefore, could not be summarily suspended. It emphasizes that it is an elected body, the term of which does not expire until the enabling statute expires June 30, 1969 (L. 1968, ch. 568, § 6). It bolsters its argument with general theory about procedural due process and urges its applicability to a governmental body such as itself.
Short shrift must be made of these contentions. Historically, and quite unchanged by the recent statutes, the control of educational affairs in this State derives from the State Board of Regents through the State Commissioner to the city Board of Education. The seat of control and responsibility lies in these, and only the Legislature, subject even then to some constitutional limitations, can change the locus. The Legislature has not done so, except to direct certain broad delegations of functions, but always subject to over-all control by the city board.
Under section 2564, as it now reads, the city board may delegate any or all of its functions to the local board, but only with the approval of the Board of Regents and then subject to any modification or rescission the city board may later effect. No such delegation had yet been effected at the time of the initial suspension but was the subject of a proposal still to receive the sanction of the Board of Regents (L. 1968, ch. 568, § 1, subd. 3; § 4; September 4, 1968 Resolution -- affecting decentralized districts; and, see, December 14, 1968 Proposed Community School District Plan, which also requires approval by the Legislature). On October 17, 1968, however, the amended September proposal was approved by the Board of Regents.
No term of office is provided for members of the local board, and the termination date of the enabling statute may not be construed to provide one by implication. Moreover, the enabling statute is explicit, and such particularity is controlling, that the local board may be removed at the pleasure of the city board. Such power has always been construed to permit removal without cause, and, therefore, without notice, charges, or hearing (People ex rel. Gere v. Whitlock, 92 N. Y. 191, 198, 199; cf. Matter of Byrnes v. Windels, 265 N. Y. 403, 405-406; People ex rel. Percival v. Cram, 164 N. Y. 166, 169; see 67 C.J.S., Officers, § 61, p. 255). The greater power to remove of logical necessity includes the lesser power to suspend.
Nor do appellants cite to any authority that would extend procedural due process to one governmental agency as against another. It is doubtful that such a concept is relevant. Moreover, insofar as the individual board members are concerned, unless there is a vested right to public office, there is no issue of due process. It is paradoxical, however, that the suspension of the local board arose from its allegedly illegal dismissal and, later, transfer out of the district, of school teachers holding tenure, and, therefore, entitled to due process before such dismissal or transfer out of the district may be effected.*fn*
Finally, the suspension of the local board by the city board was directed by the State Commissioner of Education because the local board had acted illegally (statement of September 14, 1968, by the State Commissioner of Education). In view of the State Commissioner's over-all plenary power, the city board's action was both proper and required.
In summary, in the absence of legislation giving this local board autonomy, a fixed term of office, or a tenure terminable only for cause, the board is subject entirely both as to its powers and term of office to its creating agency, the city Board of Education. The city board is granted by statute all ultimate power over the exercise of functions and the local board's service is at the pleasure of the city board. True, under the 1968 statute and the permanent plan, yet to be approved, local boards will have a kind of tenure, but will still be subject to over-all control by the city board and subject to removal for cause (L. 1968, ch. 568, § 1, subd. 5). The hierarchy of authority under the organization of the State's educational system is supplied initially by the Constitution and adumbrated by statute. Neither the control nor responsibility for educational affairs may be, under current legislation, irretrievably ceded to a local board by the State Board of Regents, the State Commissioner of Education, or the city board. And as part of the statutory scheme, applicable to this local board, the local board is not entitled to tenure of office or to notice, charges, or hearing before it may be suspended or removed.
--> Accordingly, the order of the Appellate Division should be affirmed, without costs.
Order affirmed.
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World Mission Sunday, this year on October 22-23, 2016, celebrates the mercy of God as we extend His loving heart to our neighbor half a world away, through our prayers and sacrifices.Read More
Catholic Community Annual Appeal launched. Diocese seeks $1 million to help fund ministries.Read More
In recent months, Bishop Edward Weisenburger has had several people ask why our Holy Father has announced a Holy Year, focused on the mercy of God.Read More
En estos meses, muchas personas me han preguntado por qué el Santo Padre anunció un año santo enfocado especialmente en la Misericordia de Dios.Read More
World Mission Sunday, this year on October 22-23, 2016, celebrates the mercy of God as we extend His loving heart…
Catholic Community Annual Appeal launched. Diocese seeks $1 million to help fund ministries.
God desires to show His people mercy.
The difficulty comes when we create barriers to the mercy through the hardness
Salina — For Father Steve Heina, the upcoming Year of Mercy means just one thing: "It's all about hope," he said.…
I had the recent blessing of being invited to a symposium at Notre Dame University. The topic was recapturing the Catholic imagination. In short, in a previous era Catholics were formed in a Catholic culture: committed Catholic parents, strong parish life, Catholic schools, Catholic hospitals, extended Catholic family, Catholic friendships, Catholic sporting and other pleasure activities; all of these helped to embed the Catholic faith in our young people. Today we live in a highly secularized environment where the Catholic faith is perceived as one very small piece of the pie. The result is that we see many young adults wandering from the church. One of the best lectures of the symposium was by Dr. Chris Smith, a sociologist at Notre Dame, who has done a multi-generational study with thousands of Catholics. I do not pretend to list his work in great detail but I hope to share with you some of the information that I found intriguing, challenging, and at times quite hopeful.
I would recall that the Catechism of the Catholic Church stresses that parents are "the first teachers of their children in the ways of faith." Dr. Smith's research seems to confirm this in a unique way. He noted that there was a previous time when parents could sort of "plug our children in" to the Catholic culture and support them somewhat passively in the background. By plugging them in to Catholic schools, Sunday Mass, Catholic sporting events, Catholic extended family, Catholic neighborhoods, and all the rest … the faith was woven into the fabric of their lives. Today, with that Catholic subculture mostly gone, extensive research reveals that the likelihood of teenagers and young adults embracing the Catholic faith is heavily dependent now upon the witness of their parents. Indeed, in Dr. Smith's research, parental commitment emerges as the number one determining factor on whether or not children embrace the faith.
I must note that there are wonderful and noble examples of excellent Catholic parents who have experienced the pain of seeing an adult child wander from the church. Likewise, there have been young adults — especially in college environments — who overcame very challenging, if not negative parental example to embrace the faith with great passion. In short, there are no guarantees, perfect predictions, or impossibilities. But Notre Dame's ongoing research does confirm powerful trends about young people remaining or leaving the Church, and the primary influence is indeed parents.
For The Register
Colby — Chad and Angela Zimmerman have been married for 20 years and counting, but they have participated in 50 Engaged Encounter weekends.
"People ask us if we're ever going to stop, but we just keep coming back," Chad said.
Members of Sacred Heart Parish, the couple is entering their 13th year of service with Engaged Encounter.
The retreat takes place over a weekend and involves 20 engaged couples, two married couples and a priest. The purpose is to allow the engaged couple to deepen their relationship with not only one another, but also God as they prepare for marriage. Typically there are five Engaged Encounter weekends from September through June.
The couple has guided 497 couples over their 13 years of service. They mentioned that the weekends not only help the couples attending the retreat, but them as well. It is a key factor as to why they have kept participating in the program.
"We probably as a couple get more out of the weekend than the couple themselves if I am being honest," Chad said. "It is a time where we can get away from the kids and relax."
Father Damian Richards, a priest who oversees the retreat weekend with the Zimmermans, said the sacramental aspect of the weekend is important for those preparing to wed.
"We have Confession as part of the weekend," Father Richards said. "There's an opportunity for them to go and it's a very moving moment. Sometimes they haven't been for years, maybe since a CYO camp. It's a powerful moment to be a part of those Confessions. It is one of the reasons why I wanted to become a priest."
For The Register
Russell — End of the year festivities and celebrations are starting to head into full gear, but not everyone is able to celebrate the holidays as much as they would like.
The Catholic Youth Organization of St. Mary Queen of Angels in Russell decided to help foster kids who visit the KVC Wheatland Hospital in Hays this holiday season. The CYO bought duffle bags and filled them with teddy bears, blankets, toothbrush kits, coloring books and crayons.
Michelle Farmer, sponsor for CYO, explained she was on Facebook one day and came across Together We Rise, an organization that helps foster care children, and saw that they have a "sweet case" project. The project was created to give the children duffle bags rather than only two trash bags to carry their personal items in. She had heard about the project before seeing it on social media from Stephanie Cross, who is the Milieu Manager at the KVC Wheatland Hospital.
"Everything they say on that website is exactly what Stephanie said to me," Farmer said. "These kids have nothing."
Cross said that the hospital receives many foster care children on a daily basis and most come in with little to no belongings.
"Most of the kids show up at our facility with merely the clothes on their back and a trash bag full of all of their belongings," she said. "Many have been to so many different placements that they cannot keep track. We get children with significant trauma who are no longer able to be in the community for the time being. Many do not have any biological family involved in their lives anymore. Any and all acts of kindness to these children helps to provide hope in their lives."
The Register
Salina — The new face of the Office of Family Life won't be a new one for the Diocese of Salina.
Starting Jan. 1, Corey Lyon will assume the duties of the office vacated by Reg and Jan Konrade's retirement.
"The domestic church, the family, is the foundation of the Catholic world," Lyon said. "It's an area where people are struggling at the moment. If you don't have strong families, you don't have a strong church."
He is currently the Vice Chancellor, Director of the Office of Safety and Security and is a canon lawyer in the Marriage Tribunal.
While his multiple positions might seem disparate, Lyon said there is unifying element of each.
"They're all intimately related to family," he said. "It gives a full spectrum of life from birth to death. This ranges from someone's birth, to their marriage to when they have a family — their children and the education of the children and their family."
Lyon began working in the Chancery in July 2015 in the Marriage Tribunal as a canon lawyer.
The Register
Salina — With a simple prayer, Bishop Edward Weisenburger concluded the Year of Mercy celebration in Salina Nov. 12 during Mass at Sacred Heart Cathedral.
"The holy doors are closed, but the closing does not mean that we quietly put the business of mercy behind us and move into the future unchanged," Bishop Weisenburger said during the homily. "Love is the essence of our God. The number one attribute of love is mercy."
The Year of Mercy, which is an Extraordinary Jubilee, was from Dec. 8, 2015 to Nov. 20, 2016. In each diocese throughout the world, specific Jubilee Doors were designated. The doors at Sacred Heart Cathedral in Salina and the Basilica of St. Fidelis in Victoria were designated Holy Doors in the Diocese of Salina. The doors in Victoria were closed Nov. 13 by Capuchin Father John Schmeidler at the 10 a.m. Mass.
"Our Holy Father had what I think is a vision of the saints," Bishop Weisenburger said. "I think he looked out as soon as he became pope and he saw so much suffering in the world. The greatest gift working through him could be for us to each recognize that we have a God who is merciful."
Pauline and Abe Holzmeister are parishioners at Sacred Heart Cathedral in Salina and attended the closing Mass.
Pauline Holzmeister said she appreciates the pope's focus on mercy.
"When life gets tough and things hare hard, we can forget God, but he doesn't forget us," she said. "We don't have to be holy to be loved by God."
Bishop Weisenburger said when Pope Francis announced the Year of Mercy, it was within the context of a homily Luke 7, when Jesus extended mercy to the sinful woman and she washed his feet, drying them with her hair.
"He's all about merciful love and he doesn't wait for that woman to repent first before he loves her any more than with the parable of the prodigal son. He doesn't wait for the son to repent before the father loves him," the bishop said. "(God is) always loving us and giving us mercy first."
The Register
Salina — After eight years of focusing on promoting and fostering family life for the Diocese of Salina, Reg and Jan Konrade will retire from being coordinators of the Office of Family Life.
While the Konrades have enjoyed their years with the diocese, they said they are looking forward to pursuing other interests, especially spending more time with their 21 grandchildren.
"We haven't always had enough time to spend with them or take advantage of going to their different activities," Jan said. "We hope to do more of that."
Their last day in the office is Dec. 15.
Bishop Edward Weisenburger said he appreciates the leadership the couple brought to the office.
"The Konrades have made a profound and lasting commitment to the quality of family life in our diocese," he said. "I am grateful for their dedication and service."
The Konrades began working for the Diocese of Salina in 2006, when they were in charge of the Respect Life Office. In 2009, the couple took over responsibility for the Office of Family Life.
Archbishop Paul Coakley, who was Bishop of the Salina Diocese at the time, tasked the Konrades with focusing on marriage preparation, marriage enrichment and natural family planning.
Jan said family life is a foundation of the work that happens within the diocese.
"Unless you have strong families, I don't think you're going to have a strong church or a lot of vocations," she said. "You need strong family life to promote those things. Parents need to teach children about their faith in order to carry it on."
IMAGE: CNS/Paul HaringBy Cindy WoodenVATICAN CITY (CNS) -- Although she was just a humble young woman from a small town, Mary's total "yes" to God was "the most important 'yes' of history" and overturned Adam and Eve's prideful "no," which unleashed sin into the world, Pope Francis said. "With generosity and trust like Mary, may each of us say this personal 'yes' to God today," Pope Francis prayed Dec. 8 as he recited the Angelus prayer with visitors in St. Peter's Square on the feast of the Immaculate Conception. Even when they do not say "no" to God, human beings can be experts in saying, "yes, but ..." to God, the pope said. "To avoid saying 'no' outright to God, we say, 'Sorry, but I can't,' 'Not today, but maybe tomorrow,' 'Tomorrow I will be better, tomorrow I will pray, I'll do good tomorrow,'" he said. But in responding that way, "we close the door to what is good and evil profits." Nevertheless, Pope Francis said, God keeps trying to reach out and save us. And through the "yes" of Mary, he became human, "exactly like us except for one thing, that 'no,' that sin. This is why he chose Mary, the only creature without sin, immaculate." In the late afternoon, the pope made his traditional visit to a statue of Mary erected in the center of Rome, near the Spanish Steps, to celebrate the official church recognition that Mary was conceived without sin. Thousands of Romans and tourists crowded around the statue where people had been laying flowers all day. Early Dec. 8, Rome firefighters with a truck and ladder hung a wreath of white flowers from the outstretched arms of the statue. Pope Francis composed a prayer to Mary for the occasion and read it, standing under the statue's watchful eyes. He offered special prayers for children who have been abandoned and are exposed to exploitation, for all families who give life and contribute to society, often in hidden ways, and especially for those who are underemployed or unemployed. "We need your immaculate gaze," he told Mary, in order to "rediscover the ability to look at people and things with respect and recognition and without selfish interests and hypocrisy." "We need your immaculate heart to love unconditionally, without any aim besides the good of the other, with simplicity and sincerity, renouncing masks and ploys," he said. "We need your immaculate hands to caress with tenderness, to touch the flesh of Jesus in our brothers and sisters who are poor, sick, despised, to help up those who have fallen and steady those who waver." "We need your immaculate feet to set out to meet those who cannot take the first step, to walk along the paths of those who are lost, to go and find those who are alone," he prayed.- - -Follow Wooden on Twitter: @Cindy_Wooden.- - -Copyright © 2016 Catholic News Service/U.S. Conference of Catholic Bishops. www.catholicnews.com. All rights reserved. Republishing or redistributing of CNS content, including by framing or similar means without prior permission, is prohibited. You may link to stories on our public site. This copy is for your personal, non-commercial use only. To request permission for republishing or redistributing of CNS content, please contact permissions at email@example.com.
IMAGE: CNS photo/Ashleigh Buyers, Catholic HeraldBy Michael F. FlachARLINGTON, Va. (CNS) -- Bishop Michael F. Burbidge said that during these unsettling times, Catholics must imitate the witness of St. Thomas More by bringing the joy of the Gospel to the public arena with conviction and love. "We do so as we protect the unborn and the sacredness of life at every stage, as we uphold the dignity of each and every human person without exception, as we protect our religious freedom and lift up the beautiful vocation of marriage and its sanctity as Jesus taught," Bishop Burbidge said, "and of course, as we reach out in love to the poor and the needy and most vulnerable." The bishop was installed as Arlington's fourth bishop Dec. 6, the feast of St. Nicholas, at the Cathedral of St. Thomas More. He succeeds Bishop Paul S. Loverde, who retired after heading the Arlington Diocese for 17 years. Bishop Burbidge said there's often a price to pay when we refuse to compromise our faith. "We might be labeled unfairly or even outright rejected," he said. "But what St. Paul tells us today is, don't rely on your own resources; rely on the strength that God supplies. So call upon that gift daily, so that we can say here in this diocese, here in our lives, this is what you will see: the spirit, the witness, the example of St. Thomas More forevermore." In his homily, Bishop Burbidge reflected on the close bond that his family has with St. Thomas More, the patron saint of the Arlington Diocese. The bishop's father, Francis, was a graduate of St. Thomas More High School in Philadelphia, where he was challenged daily to imitate the courageous witness of the saint. The school closed in 1975, but the spirit of the alumni remains strong, Bishop Burbidge said. "Their motto, which appears on license plates, and banners and other items, is respectful and very dear to their heart: St. Tommy More Forevermore," he said. The bishop said that St. Nicholas "helps us remember the gifts that God has given to us and the call to imitate his charitable deeds." Bishop Burbidge said his mother, Shirley, spent the last year of her life in an assisted-living facility run by the Sisters of St. Joseph. "She made a new friend, and each and every day, they would help each other down the hall, take the elevator, and go down to the gift store, and they would buy a gift -- a trinket, an ornament, a stuffed animal -- only to give it away to another resident or to a family member," he said. "I think that is a beautiful image for all of us: In the midst of the trials, and struggles, and crosses in our lives, God is there, bestowing gifts to us to behold," he said. "And on this joyful day in the life of our diocese, I am aware of the many gifts for which I must be thankful," the bishop said. "I'm so thankful to the Holy Father Pope Francis for assigning me to this faith-filled and vibrant diocese. Bishop Burbidge, who was named to Arlington Oct. 4 after 19 years as the bishop of Raleigh, North Carolina, recognized the generous service of his predecessors in the Northern Virginia diocese -- Bishops Thomas J. Welsh and John R. Keating. He thanked Bishop Loverde for "the gift that you have been and always will be to our diocese. "What unites us today is our thanksgiving to God for the most precious gift of all, the gift of his only-begotten son, Jesus Christ, who sustains and nourishes us, most especially in this precious gift of the holy Eucharist," he said. "It is the same Lord who teaches us today how to move forward as a diocese." Jesus sent his disciples in the company of one another to proclaim the good news and he instructed them not to take anything that would weigh them down -- in other words, to travel lightly, the bishop said. "May we imitate the courageous and faithful example of St. Thomas More forevermore, with the strength that God supplies, so that, together, we may walk humbly with our God and travel lightly today and always," he said. The installation Mass began when Bishop Burbidge knocked on the cathedral door and was welcomed by Father Robert J. Rippy, cathedral rector and a seminary classmate of Bishop Burbidge, who presented him with a crucifix for veneration. Archbishop William E. Lori of Baltimore was the installing prelate. Archbishop Christophe Pierre, apostolic nuncio to the United States, read the apostolic letter on the new bishop's appointment from Pope Francis. Archbishop Pierre said Pope Francis recites the prayer of St. Thomas More on a daily basis. The nuncio called Bishop Loverde an apostle who has shared the joy of the Gospel with the church in Arlington. "Bless you in the years ahead," the archbishop said. He then gave the apostolic letter to Bishop Burbidge, who presented it to the congregation and the College of Consultors. The two archbishops then escorted Bishop Burbidge to the cathedra, or bishop's chair, where he received his crosier. Msgr. Frank E. Mahler and Father Colin P. Davis represented diocesan priests as they greeted Bishop Burbidge. Supreme Court Justices Samuel Alito and Anthony Kennedy were among the dignitaries in attendance, along with Washington Cardinal Donald W. Wuerl, Cardinal Justin Rigali, retired archbishop of Philadelphia, and Cardinal Theodore E. McCarrick, retired archbishop of Washington. Diocesan, ecumenical and interfaith representatives greeted Bishop Burbidge. The prayers of the faithful were read in Spanish, Vietnamese, Ghanaian, Korean, Tagalog and English. - - - Flach is editor of the Arlington Catholic Herald, newspaper of the Diocese of Arlington.- - -Copyright © 2016 Catholic News Service/U.S. Conference of Catholic Bishops. www.catholicnews.com. All rights reserved. Republishing or redistributing of CNS content, including by framing or similar means without prior permission, is prohibited. You may link to stories on our public site. This copy is for your personal, non-commercial use only. To request permission for republishing or redistributing of CNS content, please contact permissions at firstname.lastname@example.com.
IMAGE: CNS/Paul HaringBy Cindy WoodenVATICAN CITY (CNS) -- The Catholic Church needs holy, healthy and humble priests and that requires prayers for vocations and the careful selection and training of candidates, said the Congregation for Clergy. Updating 1985 guidelines for preparing men for the Latin-rite priesthood and ensuring their continuing education, training and support, the Congregation for Clergy Dec. 7 released "The Gift of the Priestly Vocation," a detailed set of guidelines and norms for priestly formation. The updated document draws heavily on St. John Paul II's 1992 apostolic exhortation on priestly formation, as well as on the teaching of and norms issued by now-retired Pope Benedict XVI and Pope Francis and by Vatican offices over the past three decades. It reaffirms an instruction approved by Pope Benedict in 2005, which said, "the church, while profoundly respecting the persons in question, cannot admit to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called 'gay culture.'" The document insists that through courses in pastoral theology, the example of priests and practical experience, candidates for the priesthood learn that priestly ministry involves -- as Pope Francis says -- being "shepherds 'with the smell of the sheep,' who live in their midst to bring the mercy of God to them." Highlighting lessons learned over the past 30 years from the clerical sexual abuse scandal, the new guidelines state, "The greatest attention must be given to the theme of the protection of minors and vulnerable adults, being vigilant lest those who seek admission to a seminary or to a house of formation, or who are already petitioning to receive holy orders have not been involved in any way with any crime or problematic behavior in this area." Seminars and courses on the protection of children and vulnerable adults must be part of both seminary education and the continuing education of priests, it says. And bishops must be very cautious about accepting candidates for the priesthood who have been dismissed from other seminaries. In the end, each bishop is responsible for determining which candidate for priesthood he will ordain, but the guidelines strongly encourage bishops to accept the judgment of seminary rectors and staff who determine a certain candidate is unsuitable. "Experience has shown that when ordinaries (bishops) have not accepted the negative judgment of the community of formators, it has been the cause of great suffering in many cases, both for the candidates themselves and for the local churches," the document says. Reaffirming the requirement that seminarians study Catholic social teaching, the document says the education must include a study of climate change and other environmental threats. "Protecting the environment and caring for our common home -- the Earth -- belong fully to the Christian outlook on man and reality," the document says. Catholic priests must be "promoters of an appropriate care for everything connected to the protection of creation." Seminarians should be encouraged to use social media to build relationships and for evangelization, the guidelines say, but seminary personnel will need to help the students use the media wisely and in a way that is healthy. Psychologists, whether or not on the staff of the seminary, can provide valuable help to the seminary rector and diocesan bishop "in the assessment of personality, expressing an opinion as to the psychological health of the candidate and in therapeutic accompaniment, in order to shed light on any problems that may emerge and to assist in growth in human maturity," the document says. The Congregation for Clergy recommends that women be on the staff of seminaries or teach at the universities where the candidates study and that seminarians' ability to relate to and work with women be considered in the candidate's evaluation, since the majority of parishioners with whom the future priest will work are women. The guidelines, which are to be adapted by national bishops' conferences, include an outline of the stages, prayer life and specific subjects to be studied during the six or more years of preparation for priestly ordination. But the guidelines also acknowledge that many of the skills needed to be a good priest cannot be learned in a classroom. They are the result of prayer, self-discipline and seeking to model one's behavior on that of Christ, the document says. "The call to be pastors of the people of God requires a formation that makes future priests experts in the art of pastoral discernment, that is to say, able to listen deeply to real situations and capable of good judgment in making choices and decisions," it says. "To make pastoral discernment effective, the evangelical style of listening must take central place. This frees the pastor from the temptation of abstraction, to self-promotion, to excessive self-assurances and to that aloofness that would make him a 'spiritual accountant' instead of a good Samaritan."- - -Editors: The text of the document in English can be found at: http://www.clerus.va/content/dam/clerus/Ratio%20Fundamentalis/The%20Gift%20of%20the%20Priestly%20Vocation.pdfThe text in Spanish is available at: http://www.clerus.va/content/dam/clerus/Ratio%20Fundamentalis/El%20Don%20de%20la%20vocaci%c3%b3n%20presbiteral.pdf - - -Copyright © 2016 Catholic News Service/U.S. Conference of Catholic Bishops. www.catholicnews.com. All rights reserved. Republishing or redistributing of CNS content, including by framing or similar means without prior permission, is prohibited. You may link to stories on our public site. This copy is for your personal, non-commercial use only. To request permission for republishing or redistributing of CNS content, please contact permissions at email@example.com.
IMAGE: CNS photo/Karen Callaway, Catholic New WorldBy Joyce DurigaDES PLAINES, Ill. (CNS) -- With thick, wet snow falling down and live mariachi music to greet them, around 400 riders on horseback rode up to the Shrine of Our Lady of Guadalupe in Des Plaines Dec. 4 to pay homage to Mary. Some wore ponchos bearing the image of Our Lady of Guadalupe. Other riders carried their cellphones and were recording the ride. Once in front of the outdoor shrine, each rider handed over a red rose for Mary and was blessed with holy water by shrine rector Father Esequiel Sanchez. The priest himself entered the shrine on horseback and was wearing a traditional Mexican sombrero. It's the fifth year for the pilgrimage, which is organized by Club Los Vaqueros Unidos (United Cowboys Club) in Wadsworth. The horseback pilgrimage is the unofficial kickoff of celebrations at the shrine that culminate with 24 hours of Masses and visits to the outdoor shrine Dec. 12 for the feast of Our Lady of Guadalupe. The pilgrimage usually includes a three-hour ride through the forest preserve in Lincolnshire and ends at the shrine, but this year that portion was canceled because the forest preserve was conducting a "deer management" program, said club member Maria Anguiano. Despite the wet and heavy snow that soaked the riders and horses, there were many smiles as the riders made their way past the shrine. "What everyone really wants to do is thank the Virgin for the blessings throughout the year and acknowledge her presence in their lives," Anguiano told the Catholic New World, newspaper of the Archdiocese of Chicago. Having the riders and horses visit the shrine is fitting to the history of the church in the United States. "All the evangelization in America happened on horseback so as we bless the horses today we remember that tradition," Father Sanchez said. "The key element in the life of a lot of people was a sturdy horse, to be able to make a living and get around. Now it's become a symbol of a way of life that is very much still treasured and valued." In the evening of Dec. 4, a group of tractor-trailer drivers went to the Des Plaines shrine for their own pilgrimage. The two pilgrimages are held before the Dec. 12 feast day since more than 120,000 pilgrims usually visit the shrine over Dec. 11 and 12 and accommodating the horses and trailers would be difficult. In Mexico City, it's a tradition for groups or clubs to make a pilgrimage to the Guadalupe shrine there on the feast day, which commemorates Mary's appearance to St. Juan Diego on Tepeyac Hill near modern-day Mexico City. Mary appeared to Diego for the first time at dawn Dec. 9, 1531, and said she wanted a church built in her honor on that hill. Diego went to the bishop to share this news, but was put off by the prelate. She appeared again, and Diego -- who was called by name by the lady in the apparition -- again approached the bishop. The bishop asked for a sign from this lady of Diego's and Mary produced enough roses in December to fill Diego's cloak, or "tilma." When he emptied them in front of the bishop, he found that she had left her image on the tilma, which remains today in the Basilica of Our Lady of Guadalupe in Mexico City. The local shrine in Des Plaines began in the mid-1980s. The shrine is officially connected to the Basilica of Our Lady of Guadalupe in Mexico City and is the only place in the United States where pilgrims can receive the same special indulgence that is offered to pilgrims visiting the basilica. - - - Duriga is editor of Catholic New World, newspaper of the Archdiocese of Chicago.- - -Copyright © 2016 Catholic News Service/U.S. Conference of Catholic Bishops. www.catholicnews.com. All rights reserved. Republishing or redistributing of CNS content, including by framing or similar means without prior permission, is prohibited. You may link to stories on our public site. This copy is for your personal, non-commercial use only. To request permission for republishing or redistributing of CNS content, please contact permissions at firstname.lastname@example.com.
IMAGE: CNS/Paul HaringBy Cindy WoodenVATICAN CITY (CNS) -- Christian hope is not the same as being optimistic about the future, but is knowing that whatever dark or frightening things are going on in one's life, God is there offering protection and light, Pope Francis said. Holding his general audience in the Vatican audience hall decorated with Nativity scenes and Christmas ornaments from the state of Queretaro, Mexico, Pope Francis announced Dec. 7 that he was beginning a series of audience talks about hope. Especially during Advent and in preparation for Christmas, he urged people to read the second half of the Book of Isaiah, "the great prophet of Advent, the great messenger of hope." The audience began with a reading of Isaiah 40, which starts: "Comfort, give comfort to my people, says your God." When the prophet was writing, the pope explained, the people of Israel were in exile, they had "lost everything -- their homeland, freedom, dignity and even their trust in God. They felt abandoned and without hope." Isaiah not only proclaims God's love and fidelity, but calls on those who still have faith to offer consolation to others and help them "reopen their hearts to faith." The desert -- literally and figuratively -- "is a difficult place to live, but it is precisely the place where one can walk to return not only to one's homeland, but to God, return to hoping and smiling," the pope said. "When we are in darkness and difficulty, it's hard to smile. "Hope teaches us to smile," the pope said. "One of the first things that happens to people who withdraw from God is that they are people without smiles. They might be able to laugh out loud -- tell one joke after another and laugh -- but their smile is missing." "When we are with a baby, a smile comes spontaneously because a baby is hope," he said. "We smile even if it's a bad day because we see hope." Hope does not come with power or wealth, but with trusting in God, the pope said. It is knowing that "God, with his love, walks with us. I hope because God is alongside me. And this is something all of us can say. I have hope because God walks with me, he walks alongside me and holds my hand." The key players in the Christmas story, he said, prove that "history is not made by the powerful, but by God together with his little ones, those small and simple people whom we find around Jesus, who is about to be born: Zachariah and Elizabeth, who are old and marked by sterility; Mary, the young virgin engaged to Joseph; the shepherds, who were despised and counted for nothing." They had hope, the pope said, and they turned the dark and twisted paths of life around them into "a highway on which to walk toward the glory of the Lord." "There's no denying that there is a crisis of faith in the world today," he said. "People say, 'I believe in God. I'm Christian.' 'I belong to that faith.' But their lives are far from being Christian, far from God! Religion, faith has turned into an expression." Those who believe must convert, constantly turning their hearts to God and "following that path toward him. He awaits us."- - -Copyright © 2016 Catholic News Service/U.S. Conference of Catholic Bishops. www.catholicnews.com. All rights reserved. Republishing or redistributing of CNS content, including by framing or similar means without prior permission, is prohibited. You may link to stories on our public site. This copy is for your personal, non-commercial use only. To request permission for republishing or redistributing of CNS content, please contact permissions at email@example.com.


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Off theBeach BootyMixtape, Shatta Wale drops yet another record he titles "SM Gad".
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How often do you find yourself in a situation where people are saying mean things about someone else, behind his or her back? It might happen at school, during your soccer or baseball practice, or when you're playing at a friend's house.
No matter where it is, it's easy to give in to pressure and go along with what the people around you are doing and join in criticizing or making fun of someone else. But the kind thing to do in that situation is stick up for the person who is being gossiped about, and find something nice to say about them.
You wouldn't want your friends or classmates saying mean things about you behind your back, and going along with peer pressure won't necessarily make people like you better. Refraining from gossip and sticking up for others will make you a more trustworthy person and keep your friendships strong. And when you stand up for someone, you'll be setting an example and your friends will be encouraged to do the same.
If you overhear your friends saying something bad about someone else behind their back, refrain from joining in the gossip. Instead say something nice about the person who they are talking about, and try to change the subject.
Be careful of the friends you choose. Instead of hanging out with kids who constantly gossip or make fun of people, choose kind, caring friends.


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Watch Whoopee! (1930) Free Online
IMDB Link:
Rating: 7.8/10 (808 votes)
Director: Thornton Freeland
Writer: William Anthony McGuire (story), Owen Davis (based upon the play "The Nervous Wreck" by), William M. Conselman (screen adaptation)
Stars: Eddie Cantor, Eleanor Hunt, Ethel Shutta, Paul Gregory
Runtime: 93 min
Rated: TV-G
Year: 1930
Genre: Comedy, Musical
Quality: HD
Language: English
Released: 05 Oct 1930
|Plot: Western sheriff Bob Wells is preparing to marry Sally Morgan; she loves part-Indian Wanenis, whose race is an obstacle. Sally flees the wedding with hypochondriac Henry Williams, who thinks...
Watch Whoopee (1930) - Alternative Servers
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Rick Scott Silent on Gun Laws; Marco Rubio Supports Comprehensive Study of Gun Laws
Florida Gov. Rick Scott -- a man who has signed laws forbidding doctors from asking about patients' gun ownership and forcing municipalities to stop enforcing stricter local gun laws -- was silent today about gun laws when asked about the Sandy Hook massacre.
Scott was asked about the tragedy today by a reporter for the Times/Herald political bureau.
"I called friends this weekend that live up there," Scott said. "And I talked to one this morning who lives about 15 miles away from Newtown. And she's got young kids. So what you think about is, you think about when those things happen, you know how it -- you worry about your family."
"You personalize it because like in [my friend's] case she's got kids that age," he continued. "I think Grace is 6, 5 or 6. Grace is 5; her other daughter is 10 or 11. And you think about that, and I think about my daughter as a teacher that I don't want this to happen. I always want to make sure she taught at a safe place."
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But Scott didn't have much to say right now about any changes that should be made to Florida's gun laws.
"I think the first thing you always do is you stop and say to yourself, 'Why do these things happen? What is the logical thing to do?'" he replied when asked about any actions his administration might take. "But I think right now the biggest thing is to be caring about all these families."
Meanwhile, another high profile Florida Republican had a slightly different tone.
"In the aftermath of the unspeakable tragedy in Newtown, Sen. Rubio, like millions of Americans, is looking for public policy changes that would prevent such a horrible event from happening again," a Rubio spokesman told Naked Politics. "He remains a strong supporter of the Second Amendment right to safely and responsibly bear arms. But he has also always been open to measures that would keep guns out of the hands of criminals and the mentally ill.
[Naked Politics: Gov. Rick Scott says Newtown families need support, not time to discuss policy]
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November 5, 1987
Guardian of Cook County, Petitioner-Appellant, v.
Sheldon Kirshner, Respondent-Appellee)
516 N.E.2d 590, 163 Ill. App. 3d 233, 114 Ill. Dec. 435 1987.IL.1644
Appeal from the Circuit Court of Cook County; the Hon. Henry Budzinski, Judge, presiding.
APPELLATE Judges:
JUSTICE LINN delivered the opinion of the court. JOHNSON, J., concurs. JUSTICE JIGANTI, Dissenting.
Petitioner, Patrick T. Murphy, the public guardian of Cook County, appeals from an order that denied his petition to vacate portions of two orders entered during probate proceedings in the estate of Zella Burgeson, the deceased. One order approved the final account of the executor, which included the disbursement of attorney fees to respondent, Sheldon Kirshner, the executor's attorney. The other order discharged the special administrator who had been appointed by the court upon Murphy's petition. This order contained a finding that the special administrator had conducted a thorough investigation of the allegations of wrongdoing that Murphy had made against Kirshner, and that he and the court found no impropriety on the part of Kirshner.
Murphy sought to vacate these two orders, entered October 18, 1985, four months after their entry, pursuant to section 2-1401 of the Code of Civil Procedure. (Ill. Rev. Stat. 1985, ch. 110, par. 2-1401.) His section 2-1401 petition was denied on the grounds that he lacked standing and that he failed to exercise due diligence in bringing the petition.
It is apparent from the papers filed in this court that the parties' emotions run high. Murphy has made serious charges of wrongdoing against Kirshner in connection with his handling of the deceased's estate. For his part, Kirshner charges that Murphy is an interloper who has no interest in or standing to object to the orders entered in the estate proceedings, which proceedings have been resolved to the satisfaction of the executor and all of the heirs of the deceased.
We believe that the threshold question is whether Murphy, either as public guardian or an individual, has standing to move to vacate the orders entered in this cause. We hold that he does not.
Zella Burgeson, the deceased, was an elderly woman living alone in a condominium in May 1982. The board of managers of the condominium wrote to her brother, John Hounsom, expressing their concern for her welfare and stating that she had become senile.
In January 1983 Burgeson signed a power of attorney granting Kirshner authority to take care of her needs and pay her expenses, including his own legal fees.
By 1984 Burgeson's neighbors had found that her apartment was dirty, smelled of urine, and was filled with garbage. Kirshner was informed of these facts. In July 1984 police arrested Burgeson's companion, who had been hired by Kirshner, for allegedly attempting to cash a forged check drawn on Burgeson's account. When the police arrived at Burgeson's apartment they found her slumped on a sofa; her feet were swollen. In the bedroom they found pornographic materials and sexual devices, which presumably belonged to the companion. The charges were ultimately dismissed and the companion disappeared, possibly having stolen additional amounts prior to her departure.
After the police discovered Burgeson alone and neglected, Murphy was appointed as Burgeson's temporary guardian. Both he and Kirshner then sought to be named the plenary guardian of Burgeson. In the guardianship proceedings, Kirshner was represented by attorney John Coleman.
Murphy also initiated disciplinary proceedings against Kirshner before the Attorney Registration and Disciplinary Commission .
On October 10, 1984, during the pendency of the guardianship proceedings, Burgeson died. Her brother, John Hounsom, who lived in Missouri, was appointed executor of her estate. Hounsom was also beneficiary of 75% of the estate under the will. Kirshner was retained as the executor's attorney.
Murphy was discharged as temporary guardian several days after the opening of the decedent's estate. He soon reentered the picture, however, by filing a petition for the appointment of a special administrator, based upon his belief that Kirshner was contesting routine matters, padding his attorney fees, and otherwise bilking the estate. *fn1 The court allowed the motion and appointed an independent special administrator, John A. Doyle. The order of appointment provided that his function was "to make a preliminary investigation as to whether there [was] any basis for the Public Guardian's allegations."
A month or two later, the beneficiaries, including the executor, petitioned the court for removal of the special administrator, submitting affidavits demonstrating their support and approval of Kirshner's handling of the estate. The beneficiaries (except for the executor) were collectively represented by counsel other than Kirshner. Based upon the petition, the special administrator was ordered to refrain from continuing his investigation pending further order of court. At that time he had spent approximately five hours on the investigation. Thereafter, he ceased his activities and ultimately was discharged, upon the closing of the estate and approval of the final account.
In support of the final account, the beneficiaries and the executor filed a second set of affidavits. The executor's affidavit contained invective against Murphy and the police. The other beneficiaries' affidavits contained some hearsay matters. However, all of the affidavits expressed satisfaction with the job that Kirshner had done. The executor expressed his satisfaction with the fees as well, which totaled approximately $60,000 for the combined fees of Kirshner and his attorney, John Coleman.
On April 4, 1985, the court observed that any problems Murphy had with Kirshner could be dealt with before the ARDC and that it would not become involved in a "personality conflict."
The final account was approved, after several continuances, on October 18, 1985. Murphy, not having been given notice, was not present. The final account reflected total receipts in the amount of $189,794.79, total disbursements in the amount of $85,540.68, and a net amount of $104,254.11 available for distribution to the beneficiaries. Kirshner received $25,700 for "services rendered as attorney for representative for the disabled person of Zella Burgeson -- litigation"; $10,000 as "attorney fees for representing executor"; and $5,188.80 for "costs and expenses advanced for estate." John Coleman was paid $20,300 for acting as "attorney for John Hounsom, representative for the disabled person's estate of Zella Burgeson -- litigation." No itemization was submitted to substantiate these costs and fees.
The final account also reflected a disbursement in the amount of $7,941.31 to "Patrick T. Murphy, as per court order." Murphy received those fees in his official capacity rather than his person capacity, a fact not expressly stated in the order.
By order entered October 18, 1985, the court approved the final account and discharged the executor. The trial court also entered a separate order which discharged the special administrator, finding that his investigation uncovered "no impropriety concerning any charges by any person against SHELDON G. KIRSHNER, JOHN HOUNSOM, Executor, or any other person relative to this estate."
On October 31, 1985, Kirshner submitted the above order to the ARDC and requested dismissal of Murphy's charges against him.
In January 1986, the ARDC notified Murphy of its decision to dismiss the charges against Kirshner. According to Murphy's affidavit of record, this was the first time he learned of the orders that had been entered on October 18, 1985. He prepared and noticed a motion to vacate those portions of the orders which approved the disbursement of fees and costs to Kirshner and his attorney, and to require them to substantiate those fees and costs. Murphy also sought to amend the order approving final account to reflect that the office of the public guardian rather than Patrick T. Murphy received the fees. Finally, Murphy sought to vacate the finding that the special administrator had conducted a "thorough investigation" and that respondent had committed "no impropriety."
On March 24, 1986, the trial court denied Murphy's request for post-judgment relief. The court questioned whether Murphy had standing to assert a valid defense or claim, noting again that the controversy appeared to be a personal matter between the attorneys. The court further ruled that Murphy had an obligation to monitor the proceedings and did not exercise due diligence in filing his petition.
Kirshner contends that the appeal should be dismissed because Murphy lacks standing to seek judicial relief in this matter.
In Flast v. Cohen (1968), 392 U.S. 83, 99, 20 L. Ed. 2d 947, 961, 88 S. Ct. 1942, 1952, the court recognized that the gist of the concept of standing is "whether the party seeking relief has 'alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.' Baker v. Carr, [(1962), 369 U.S. 186, 204, 7 L. Ed. 2d 663, 678, 82 S. Ct. 691, 703]." The "salient aspect of standing is its focus on the party seeking an adjudication and not the issue he desires to have adjudicated." (Emphasis added.) (Murphy v. Collins (1974), 20 Ill. App. 3d 181, 186, 312 N.E.2d 772, 776.) Hence, the question is whether the party seeking an adjudication is a proper, real party in interest and not whether the claim itself is justiciable.
In Flast v. Cohen (1968), 392 U.S. 83, 101-02, 20 L. Ed. 2d 947, 962-63, 88 S. Ct. 1942, 1953, the court noted "[In] deciding the question of standing, it's not relevant that the substantive issues in the litigation might be nonjusticiable. However, . . . it is both appropriate and necessary to look to the substantive issues . . . to determine whether there is a logical nexus between the status asserted and the claim sought to be adjudicated." Generally, the injured party has a direct economic stake in the controversy or some other legal right or interest that may be adversely affected unless he or she is allowed to participate in the proceedings. See American Surety Co. v. Jones (1943), 384 Ill. 222, 51 N.E.2d 122 ("aggrieved" party is one having right to sue when a legal right is invaded or his pecuniary interest is directly affected by a judgment).
In the present case, Murphy's authority to act as public guardian is limited to statutory grant, as found in the provisions of the Probate Act that govern public administrators, guardians, and conservators. (Ill. Rev. Stat. 1985, ch. 110 1/2, par. 13-1 et seq.) With certain additions and limitations found in section 13-5 of the Act, public guardians have the same powers and duties as do private guardians for disabled adults. See Ill. Rev. Stat. 1985, ch. 110 1/2, par. 11a-1 et seq.
Section 11a -- 3(b) of the Act sets out the general aim of guardianship, which is to be "utilized only as is necessary to promote the well-being of the disabled person," to protect the person from "neglect, exploitation, or abuse, and to encourage . . . self-reliance and independence." Section 11a -- 18(c) gives the guardian of the estate of the ward authority to appear for and represent the ward in "all legal proceedings," which the Illinois Supreme Court has interpreted to refer to economic matters of the ward's estate, not personal matters such as divorce proceedings. In re Marriage of Drews (1986), 115 Ill. 2d 201, 503 N.E.2d 339.
While Burgeson was alive and Murphy was acting as her duly appointed temporary guardian, there is little question but that he had standing to raise the questions that he did regarding Kirshner's handling of Burgeson's property and finances pursuant to the power of attorney. Murphy was contesting Kirshner's petition to be appointed plenary guardian and sought to be named plenary guardian himself. *fn2 Accordingly, the nexus between his status as her temporary, acting guardian and the claims he sought to have adjudicated was apparent. The question is whether his authority to act on her behalf ended upon her death and the opening of the probate estate.
Section 13-5(h) of the Act provides, in pertinent part: "Upon the death of the ward, the public guardian shall turn over to the court-appointed administrator all of the ward's assets and an account of his receipt and administration of the ward's property. A guardian ad litem shall be appointed for an accounting . . .." Section 13-5(i)(1) states: "On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain the public guardian from [acting] . . .." Ill. Rev. Stat. 1985, ch. 110 1/2, pars. 13-5(h), (i)(1).
These provisions strongly suggest that the public guardian's duty to act in his capacity as guardian of his ward is discharged upon her death, following an accounting of her assets and receipts and disbursements that the guardian was responsible for during the guardianship proceedings. His responsibilities, while substantial during the guardianship estate, must logically diminish or cease altogether during the probate proceedings, precisely because there is no further need for the ward to have a guardian. The deceased is represented in the probate proceedings by the court-appointed administrator, or, in this case, executor. Hence, to the extent the guardian takes action beyond submitting his accounts to the administrator or executor of the probate estate, he may be restrained from doing so upon the proper petition of any party with an interest in the estate.
It is undisputed that the heirs of Burgeson's estate petitioned the court to restrain the special administrator from continuing his investigation into Kirshner's activities. *fn3 Whatever their motivation, which may have been to avoid additional expenses chargeable to the estate, they were entitled to do so. The special administrator, of course, was acting pursuant to and on account of Murphy's petition. Once the heirs and executor demonstrated their satisfaction with Kirshner and petitioned for a restraining order upon the special administrator, however, the public guardian lost whatever basis he had for maintaining an active presence in the probate estate. *fn4 In a sense, his allegations against Kirshner became moot.
As previously noted, we believe that Murphy's standing or authority to act in the probate proceedings is necessarily subject to the limitations of the Act itself and whatever reasonable inferences of power flow therefrom. First and foremost, therefore, he was vested with protecting the interests of his ward when she was alive. In addition, if his claim in the probate proceedings were based on an economic stake that was frustrated (such as not being paid for his services to Burgeson as her temporary guardian), he would have the necessary interest to fulfill the standing requirement, as a creditor of the probate estate. By extension of this logic, we find reasonable Murphy's request to have the order approving the final account reflect that payments he received were in his official capacity as public guardian, rather than individually.
Beyond that, however, we cannot find the requisite personal stake that Murphy as public guardian has in pursuing an investigation into alleged waste and mismanagement on the part of the executor's attorney, when the executor and all heirs (represented by separate counsel) have made it abundantly clear that they are satisfied with Kirshner and do not wish Murphy to take further action. If they did not object to the substantial fees Kirshner received, we cannot interject this court's opinion as to whether or not the fees were "excessive." Nor could the probate court very well refuse to enter an order that was agreed upon by the real parties in interest -- the beneficiaries of the will. They were the only parties whose economic interest was affected by Kirshner's potential wrongdoing.
In Cotterell v. Coen (1910), 246 Ill. 410, 92 N.E. 911, the Illinois Supreme Court held that since the guardian of the minor agreed to a settlement of estate matters with the other heirs, the interests of the minor were of no concern to the public administrator and the grant of letters of office to the public administrator should not have been allowed. Although the pending case differs in circumstances, the idea that an agreement or settlement among the heirs concludes a particular issue over the objection of a public administrator or guardian is well taken.
In Baxley v. Rutland (M.D. Ala. 1976), 409 F. Supp. 1249, the court was called upon to determine whether the attorney general of Alabama could attack one of the State's statutes in the Federal court on the grounds of unconstitutionality. Noting that the Federal procedural rules require every action to be prosecuted by the real party in interest, the court held that the "subjective opinion of the Attorney General without any other personal stake in the outcome [was] too weak a base to support the concept of standing and the jurisdictional requirement of a case or controversy between parties with adversary interests." (409 F. Supp. at 1257.) The court also commented that the case was instituted solely upon the authority of the Attorney General and that "[his] mind alone [was] the directing force." 409 F. Supp. at 1257.
Similarly, in this case the public guardian instituted his section 2 -- 1401 petition under his authority alone, without any personal stake in the outcome. No one else involved in the probate proceedings requested or agreed to his pursuit of Kirshner. Furthermore, he has no basis to assert some type of public interest in the matter, if that is his intention. In Baxley v. Rutland (M.D. Ala. 1976), 409 F. Supp. 1249, 1255, the court rejected the Attorney General's contention that his basis for taking judicial action was that he had a responsibility to serve as protector of the general public, especially since he believed that the statute involving a public interest was unconstitutional. Of course, the public guardian is not an Attorney General. Nor is he an ombudsman.
Murphy contends, however, that he has a personal stake in the outcome of the proceedings that he initiated before the ARDC, which were obviated by the order entered in the probate court because the order purported to clear Kirshner of any wrongdoing with respect to the estate. In support of his position, Murphy cites his ethical duty under the Code of Professional Responsibility to report knowledge of any violations of the disciplinary rules. (107 Ill. 2d R. 1 -- 103.) He claims that after he filed a complaint and the ARDC began its investigation, "the Circuit Court of Cook County, through the actions of Judge Henry Budzinski, interfered into the ordinary processes of the ARDC," presumably by entering the aforementioned order.
We reject the notion that the Judge, in carrying out his judicial duties and entering orders submitted to him, uncontested, can be accused of "interfering" in the processes of the ARDC, an entirely separate body with a wholly separate function than that of the probate court. Apparently, the Judge recognized that Murphy's allegations were more properly brought before the ARDC and so informed him. The fact that the court order was used by Kirshner as a defense to the disciplinary proceedings simply does not confer upon Murphy standing in the probate court to seek vacation of the finding of no wrongdoing.
Murphy discharged his duty under the Code of Professional Responsibility in filing his complaint. It was up to the ARDC to pursue the investigation at that point, not Murphy. Disciplinary proceedings are of course different from private, civil actions in which the plaintiff has the burden of discovery and presenting proofs. Presumably, Murphy could have testified before the ARDC as to all matters within his knowledge. So, too, could the special administrator, who spent at least five hours on his investigation. Although it is not clear from the record exactly when Murphy filed the disciplinary complaint, we note that the proceedings were initiated approximately concurrently with Murphy's appointment as temporary guardian of Burgeson, which would have been late summer or early fall of 1984. Therefore, the commission had approximately one year to act before the October 18, 1985, order was entered.
Moreover, as we previously noted, in reporting Kirshner to the ARDC, Murphy fulfilled his professional duty as an attorney. What further personal stake he had in the disciplinary proceedings is not specified. He was not in the position of a client who is directly injured by the conduct of his own attorney.
We emphasize that we are not reviewing the substantive allegations of Murphy's petition or expressing an opinion as to their veracity or lack of veracity. Certainly the charges are serious and just as certainly they are unproved allegations. We limit our opinion to the standing issue, which focuses on the party seeking an adjudication, rather than the claim sought to be adjudicated. Therefore, we find that Patrick T. Murphy, as public guardian, lacks the necessary concrete stake in the orders entered October 18, 1985, to maintain his section 2 -- 1401 petition for the relief requested, with the limited exception of the clarification that he received fees for his services on behalf of his office. We further find that his institution of the disciplinary proceedings does not confer upon him standing in the probate court to contest the order that found no wrongdoing on Kirshner's part.
Because of our holding, we need not consider the issue concerning his diligence in bringing the section 2 -- 1401 petition. For the foregoing reasons, we affirm the probate court's denial of the petition and remand the cause for the limited purpose of allowing amendment of the October 18, 1985, order to reflect that Murphy received fees in his official capacity rather than personally.
Order affirmed and cause remanded.
JUSTICE JIGANTI, Dissenting:
During the last undignified days in the life of Zella Burgeson, the public guardian, Patrick T. Murphy, was appointed as her temporary guardian. Shortly thereafter she died and a probate estate was opened. The probate estate was subsequently closed without, however, any notice to the public guardian, who had requested notice. When the public guardian learned that the estate had been closed, he filed a petition pursuant to section 2-1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-1401) to vacate the order closing the estate. In the petition, Murphy alleged that certain orders had been obtained by a fraud on the court. That petition was denied on the grounds that Murphy had no standing in the probate estate since he represented Zella Burgeson in the guardian's estate and further that his petition was untimely.
Section 2-408(a) of the Code of Civil Procedure governs intervention as of right. (Ill. Rev. Stat. 1985, ch. 110, par. 2-408(a).) That section is to be liberally construed. (Standard Bank & Trust Co. v. Village of Oak Lawn (1978), 61 Ill. App. 3d 174, 177, 377 N.E.2d 1152.) Section 2-408(a) provides in part:
"Upon timely application anyone shall be permitted as of right to intervene in an action: . . . (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant will or may be bound by an order or judgment in the action." (Ill. Rev. Stat. 1985, ch. 110, par. 2-408.)
I believe that Murphy is entitled to intervene because he has an interest, the representation by the executor was inadequate, and Murphy is bound by the final order closing the estate.
A guardianship is designed to protect a disabled person from "neglect, exploitation, or abuse." (Ill. Rev. Stat. 1985, ch. 110 1/2, par. 11a-3(b).) It is the duty of the guardian to "appear for and represent the ward in all legal proceedings." (Ill. Rev. Stat. 1985, ch. 110 1/2, par. 11a-18(c).) While Murphy's interest was in the guardian's estate, the guardian's estate became a part of the decedent's estate when Zella Burgeson died. The bills for the guardian's estate, including the fee for the guardian himself, were paid through the decedent's estate. In order to understand Murphy's interest in protecting the guardian's estate, it is necessary to expand upon the facts.
On January 17, 1983, Sheldon Kirshner, an attorney, had Zella Burgeson, a widow nearly 90 years of age, sign a very broad power of attorney. He notarized her signature. Seven months prior to the date on which Kirshner obtained the power of attorney, the condominium association for the building where Zella Burgeson lived wrote a letter to her brother, John Hounsom, who resided in Missouri. In that letter dated May 31, 1982, the president of the board of managers of the association said that Hounsom should be informed that there had been increasing problems with Zella Burgeson that were potentially serious. The letter stated that in the opinion of the board of directors, Zella Burgeson had become very senile, so much so that if her neighbors did not shop for her and look after her, she could not survive. Specific examples were given. She continually burned her food and neighbors had to come in when they smelled the smoke. She would leave food unused to the extent that it rotted or spoiled. She constantly asked people what day it was and what month it was. The letter expressed concern that Zella Burgeson was vulnerable to being defrauded of money and goods, and concluded by suggesting that if the family was unable to take care of the matter, the association would turn to the public guardian.
Two years after that first letter and 18 months after Kirshner had obtained the power of attorney, the association again wrote a letter, but this time to Kirshner. The letter, dated June 11, 1984, was accompanied by a statement disclosing that one of the unit owners had witnessed Zella Burgeson nude in the lobby of the building, where she had apparently just urinated on the carpeting. The apartment, as described by the neighbor, was shocking in that it was littered with dirty dishes and overflowing garbage on all of the floors and rooms, a urine-saturated sheet was lying in the middle of the living-room floor, and the walk-in closet in the bedroom was piled with at least 4 1/2 feet of clothing and bed linens.
Previously, Kirshner had hired a companion for Zella Burgeson, Janet Collins, who took approximately $4,000 from Burgeson's accounts without authorization. According to Murphy, criminal proceedings against Janet Collins were dismissed at the insistence of Kirshner. In 1983 and 1984, pursuant to the power of attorney, Kirshner paid himself approximately $11,000 in legal fees.
On August 23, 1984, Patrick Murphy, the public guardian, was appointed temporary guardian of the person and estate of Zella Burgeson. He was specifically empowered to investigate and determine the extent of her assets and to take legal action to protect them. Zella Burgeson died seven weeks later on October 10, 1984, at the age of 90. On February 5, 1985, four days after having received a telephone call from a beneficiary concerning a $20,000 bill from Kirshner's attorney, John Coleman, the public guardian requested the circuit court, which was probating the estate of Zella Burgeson, to appoint a special administrator to look into the circumstances under which the attorneys for the estate of Zella Burgeson were acting and how much they were charging. On February 13, 1985, the court appointed John A. Doyle as special administrator to determine whether there was any basis for allegations of the public guardian and to report back to the court.
The executor of the estate, John Hounsom, who was the brother of Zella Burgeson and the beneficiary of 75% of her estate, requested that the special administrator be dismissed. In his request, he stated that his sister had been in excellent health and that he was satisfied with Kirshner. Preprinted affidavits which contained blank spaces filled by the affiants were also submitted by the other beneficiaries. They recited that Kirshner was "doing a splendid job." On March 8, 1985, the circuit court ordered the special administrator "not to act until further order of court." The special administrator had devoted only several hours to the investigation prior to the suspension of his activities.
Subsequently, a second set of affidavits was submitted in support of the final account. Hounsom again expressed his satisfaction with Kirshner's services and fees. He stated further that he believed that Zella Burgeson still would be alive if Patrick Murphy had not interfered with the family. He characterized Murphy as being deranged, a fiend, and a madman. He admitted that his 90-year-old sister was slowing up but maintained that she was not senile and that she saw to her own needs. Hounsom suggested that the story about the conditions at Zella Burgeson's home was a lie designed by the police to cover the fact that they had made an illegal entry. The form affidavits of the other beneficiaries expressed satisfaction with the services and fees of Kirshner and Coleman. The affidavits recited that Kirshner did not commit any improprieties. All of the beneficiaries' affidavits were replete with hearsay, including references to possible poisoning of Zella Burgeson. Some of the affiants added handwritten disclaimers to their affidavits stating that their affidavits were premised upon hearsay. Murphy filed a complaint with the Attorney Registration and Disciplinary Commission.
The circuit court relied upon the affidavits in approving the final account and closing the estate on October 18, 1985, without notice to Murphy. Kirshner previously had informed the trial court on September 23, 1985, that notice to Murphy was not necessary, even though Murphy had specifically requested notice on April 10, 1985. The final account reflected total receipts in the amount of $189,794.79, total disbursements in the amount of $85,540.68, and a net amount of $104,254.11 available for distribution to the beneficiaries. The disbursements included nearly $60,000 in attorney fees and costs for Kirshner and Coleman.
Also on October 18, 1985, the court entered another order which discharged the special administrator. That order recites, inaccurately, that the special administrator had "conducted a thorough investigation" and had "found no impropriety" on the part of Kirshner, Hounsom or any other person. The record discloses that there was no full investigation and no such finding by the special administrator, whose investigation was suspended by court order on March 8, 1985, after only several hours' worth of work. Kirshner then presented the inaccurate order to the Attorney Registration and Disciplinary Commission. Murphy alleges that based upon that order the ARDC terminated its investigation.
Under the circumstances of this case, Murphy had the requisite interest for intervention. His interest was as guardian of the person and estate of the incompetent. As such, he was responsible for protecting her from neglect, exploitation, and abuse (Ill. Rev. Stat. 1985, ch. 110 1/2, par. 11a-3(b)) and for representing her in all legal proceedings (Ill. Rev. Stat. 1985, ch. 110 1/2, par. 11a-18(c)). Furthermore, the public guardian was specifically enjoined to investigate and determine the extent of her assets and to take legal action to protect them. He uncovered enough evidence disclosing that Zella Burgeson's assets needed to be protected. Kirshner had procured the power of attorney without any witnesses from a woman whose neighbors seven months earlier had characterized as very senile and vulnerable to fraud. Kirshner then paid himself $11,000 in fees while Zella Burgeson was still living, and he and Coleman then collected sizeable additional fees after she died. Clearly, Zella Burgeson's interests were not adequately protected because no one except the public guardian questioned these large fees. Although the majority opinion emphasizes that Hounsom and the other beneficiaries were satisfied with Kirshner, their satisfaction is belied by the hearsay-laden, preprinted form affidavits submitted by Kirshner on their behalf. This fiduciary duty to protect Zella Burgeson's assets from dissipation continued following her death, because the guardian's estate and the decedent's estate were inextricably intertwined. Murphy's bills and other bills incurred in the guardian's estate were paid through the decedent's estate. Kirshner received substantial fees in both estates, and he allegedly bilked both estates.
Murphy also satisfies the other requirements of the intervention statute. His interest was not adequately protected by the executor because no one questioned the fees charged by Kirshner and Coleman either before or after Zella Burgeson's death. Murphy, of course, is bound by the judgment, which effectively disposed of the matters that he uncovered and forecloses him from taking any further action. Murphy's request for the appointment of a special administrator was timely because it was made only four days after his office had received a telephone call concerning Coleman's $20,000 bill. Murphy's failure to file a formal petition to intervene pursuant to section 2-408(e) (Ill. Rev. Stat. 1985, ch. 110, par. 2-408(e)) was harmless given his prior participation on the guardian's estate, the intertwining of the guardian's estate and the decedent's estate, and the detailed written motion requesting the appointment of a special administrator.
In addition to satisfying the requirements for intervention, Murphy demonstrated due diligence in filing the section 2 -- 1401 petition. On September 23, 1985, Kirshner informed the court that Murphy did not need to be notified of the final account, even though Murphy previously had specifically requested such notice. It was undisputed that Murphy was not given notice of the October 18, 1985, hearing date for the final account. Murphy received notice of the closing of the estate in January of 1986 when the Attorney Registration and Disciplinary Commission informed him that the proceedings against Kirshner were being dismissed and in February filed his section 2 -- 1401 petition to vacate the October 18, 1985, orders.
In denying Murphy's section 2 -- 1401 petition, the circuit court emphasized that it had no choice other than to do what it did since the executor and the other legatees were all satisfied. However, the duty of the court was to the estate to protect the wishes of the decedent; the duty of the court was not to the executor or the other legatees. See In re Estates of Rice (1979), 77 Ill. App. 3d 641, 649, 396 N.E.2d 298; In re Estate of Morgan (1980), 82 Ill. 2d 26, 411 N.E.2d 213.
Finally, the circuit court observed that it did not know whether Murphy had a valid claim or defense. The case should be remanded for consideration of this substantive aspect of Murphy's section 2 -- 1401 petition.
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