Orlando, FL — The 5th District Court of Appeals has agreed to fast-track an appeal requesting the appointment of a guardian for the unborn child of a mentally disabled Florida woman.
The decision granting a motion for “expedited appeal” means the issue can be decided within weeks instead of months, but the lawyer representing the Orlando woman who brought the appeal is asking whether that will be quick enough.
Because the disabled woman, known as J.D.S. in court papers, is more than six months pregnant, the question of whether to appoint the baby a legal representative needs to be decided soon, say those who support the idea.
A three-member panel of the Daytona Beach appellate court ordered the expedited appeal Wednesday.
Jennifer Wixtrom asked Orange Circuit Judge Lawrence Kirkwood to appoint her the guardian for the baby of J.D.S., who was raped and became pregnant while living in a state-licensed group home.
Kirkwood denied her request earlier this month, saying there is no basis in Florida law for appointing a guardian for the unborn. Kirkwood did appoint a guardian for J.D.S. because she is incapacitated and cannot make critical medical decisions for herself.
Edward Jordan, Wixtrom's attorney, said he was pleased the appellate court will be hearing the appeal on a hastened time-frame, but he asked if the issues will be heard quickly enough.
“I'm hopeful we can get this resolved before the guardian for the mother makes any recommendations [regarding the fetus] to the court,” Jordan said.
Wednesday's order gives Jordan until next Friday to file more documents in Wixtrom's appeal. Replies to those motions have to be filed by July 8. The order does not mention a date for oral arguments.
Meanwhile, J.D.S.'s guardian, Patti Jarrell, is expected to make her recommendations to the Circuit Court on Wednesday. They will be based on J.D.S.'s medical condition and an evaluation from a team of doctors Jarrell selected. Jarrell's lawyer Frank Nisi said J.D.S. “is receiving excellent medical care.”
The J.D.S. case has sparked a national debate on abortion. Pro-life groups, the state Department of Children & Families and pro-life Gov. Jeb Bush support Wixtrom's efforts, while abortion advocates oppose it.
In fact, the American Civil Liberties Union, the Center for Reproductive Rights and the Florida National Organization for Women filed the brief Tuesday in opposition to the appointment of a guardian for the unborn child.
(This article courtesy of Steven Ertelt and the Pro-Life Infonet email newsletter. For more information or to subscribe go to www.prolifeinfo.org or email infonet@prolifeinfo.org.)
