Complaint Review: Gerald F. Powers attorney - Ottawa Kansas

Gerald F. Powers was hired in a divorce case in 2012; there were 2 young children involved (an infant 6 months, and toddler 2 years of age). A period of approximately just one month was spent with this attorney, at a cost of $2,000 and he willfully caused severe harm during that period of time.

Powers was aware from the first day of contact the estranged spouse did not meet the requirements of state residency, but she had filed for ex parte orders after having been in her mother's State of residency for approximately 1 day, using her mother's home address.

Powers was aware (and given documentation), but did not apprise the judge of the aforementioned lack of residency fact along with other pertinent facts affecting the safety and welfare of minor children: (1) the estranged spouse had been arrested for domestic violence assault of the father (she subsequently pled guilty) just days prior to arriving in Kansas at her mother's home; (2) she'd also drugged a beverage she'd given to her brother-in-law with her prescription medication (promethazine, aka Phenergan - he became violently ill, vomited yellow foam, and had memory loss over a period of approximately 8 hours). (3) Further, she attempted to drive off with the 2 young children while intoxicated and immediately following the domestic violence assault, (4) and had also assaulted the 2 year old (pictures taken and reported to Powers and DHHS/Child Protective Services departments).

Powers also did not report to the judge the amounts of money the spouse had taken, including from joint accounts, as well as joint property she'd taken.

Further, there was evidence, provided to Powers, the spouse forged court documents; spouse's attorney (Joyce Hendrix-Kuchar) was also aware she did not meet the State's residency requirements (documented in handwritten forms from her office). Powers did not meet court deadline for filing a counter to the ex parte orders; instead he allowed the time to lapse while actively working to remove the young children from a safe environment with the paternal grandparents, and told the father it would cost him approximately $25,000 to $30,000 or more for the divorce process.

At the time Mr. Powers was fired he hadn't even submitted his Appearance on behalf of his client. Instead he waited, and submitted both the Appearance, and Withdrawal soon after he was fired by the client. (The second attorney hired in Overland Park, R. Michael Latimer, likewise, continued to not represent his client nor minor children. R. Michael Latimer went through $5,000 in approximately 2 months and has yet to refund the money).

It took the hiring of a third attorney, Jadh Kerr, to complete the divorce case. Both children ended up being taken from the mother and placed into the Kansas state's emergency protective custody. Just prior to the children being taken into emergency protective custody, both former Sheriff Jeffrey Curry, Franklin County, and Detective Crane (Ottawa Police Department) were asked to do a wellness check and ascertain the whereabouts of the two young children based on concerning documentation received. Documentation via e-mail shows both that - Curry refused, and it took Detective Crane approximately a week to drive about 2 1/2 miles to the home of the maternal grandmother, saying he'd seen the children and the mother and all appeared well based on his observations because he had seen a lot of toys strewn about the room. Detective Crane lacks pertinent observational skills to assess severe neglect and abuse of young children necessary of any mandatory reporter.

Following a report by a concerned neighbor approximately two months later, an Ottawa police officer found both children had been found living in a house of absolute squalor (rotten and spoiled food, trash-filled, animal feces on the floor, etc.), they hadn't been bathed in quite some time, were lice-ridden, in tattered and filthy clothing, had matted hair and the toddler was playing in the road unattended. The father was told by the Ottawa police officer words cannot even adequately describe the absolutely horrifying conditions he'd encountered, and smelled in which the children were living in, including their appearance.

The youngest had at least an approximately 29% weight loss, and the toddler an approximately 24% weight loss during an eight month period of time. Both children were suffering the effects of malnutrition, and emotional, developmental, and behavioral issues.

The maternal grandmother and aunt are both mandatory reporters, but it appears neither had never reported to Kansas CPS during the 8-month period of time. The DEA agent at the scene aiding the father in retrieving the truck in the mother's possession at the time stated the mother (maternal grandmother)" tried but J---- just went wild". Within the squalor of the truck, law enforcement officers found broken meth pipes, insulin needle caps, and razor blades. The father also found bullets.

The father now has sole custody of his children. It took attorney Powers almost 6 months to provide a copy of the client's file following repeated written requests, however, the file remains incomplete (it is without the Pleadings Mr. Powers wrote he had in correspondence). Mr. Powers has not yet refunded the $2,000. Given Powers' written response, he lacks any sense of empathy, remorse, and responsibility for his willful participation resulting in severe harm to two minor children in the state of Kansas, and financial harm to the father.