Arizona lawmaker Alex Kolodin cosponsored SB1291, a critical piece of legislation that was signed into law last year in the state, which improved constitutional protections for probate victims and their families.
Behind the many issues facing Americans is a problem that is fast becoming nationally recognized: probate piracy and denial of Constitutional rights.
This is when the government and self-interested parties engage in strategies to legally deem Americans “incompetent” to manage their own affairs, and open them to probate litigation. When this occurs a person can lose all of their rights and have their life savings and property taken over by court-ordered attorneys, guardians, and fiduciaries.
Certainly in serious cases and the absence of family, a person may need to have a caregiver or a designated person to assist them, but too often we are seeing opportunistic parties take advantage of people in need. An individual’s inability to physically care for themselves does not necessarily mean they are mentally unable to decide who should be appointed to care for their estate.
In most cases, the person can voice their wishes and those wishes should be followed by the court. Strangers should not be appointed if there is a family member or friend who is willing to take the appointment.
Arizona is a state in which the advocates for change launched a campaign and scored a victory. SB1291 was the legislation and now, as of October 30, 2023, it has become law. The legislation championed by Representative Alexander Kolodin and sponsored by State Senate colleague, John Kavanaugh, tightened protections for probate victims; raising standards relating to clear and convincing evidence, and making it more challenging for the government to come in and take over someone’s life without justification. While the bill became law late last year, its implementation is now the big question. So far the judges are not following the law and are still violating the rights of the people.
An individual’s inability to physically care for themselves does not necessarily mean they are mentally unable to decide who should be appointed to care for their estate.
Leading advocates for change – in particular legally astute and influential businesswoman Sherry Lund – (also a survivor of the probate court misuse of powers) are now focused on the judges. While this change in law was a victory, and moved the state in the right direction, there is still room for abuse; namely in judicial implementation and accountability.
If a judge doesn’t follow the law in their ruling, it makes SB1291 moot. The bright side is that Arizona’s legislature has produced a model for improving probate law nationwide, and advocates have gone a long way to expose the many stories of probate abuse. People have had their entire lives taken away from them and, in many cases, can’t choose their own lawyers or appear before a court. Sherry Lund articulated many of the abuses in a Fox News editorial last year.
Now to Kolodin.
Representative Kolodin has championed legislation to protect constitutional rights in probate and has also been a champion of free and fair elections. To this end, he was targeted due to the political environment surrounding President Donald Trump and the hyper-partisan times we live in, in which “saber-rattling” has become an understatement and common practice.
Under intense pressure from Democrats and a system many Americans feel is unfair, Kolodin agreed to some reforms from the state bar despite having a clean record prior to his involvement in filing suits relating to election integrity.
We have to ask ourselves: Why is the State Bar of Arizona attacking Kolodin? Do they have political objectives or motives? Do they agree with his politics? Why is he being attacked for representing clients who have a right to question the elections? Does the State Bar have the authority to discipline an attorney for doing his job for a client? How far should the State Bar be able to go when they are a 501c3, a private foundation with no legal standing?
Despite the political attack, Kolodin has persevered. Bear in mind that many Americans still do not believe the election was fair. Polling shows the pulse of the nation on this issue, and Kolodin has been a champion for what he believes is right and has a record of protecting Constitutional rights for voters.
The Arizona State Bar Association does not have the interest of voters at heart but rather a political agenda to mute the rise of lawmakers who they believe may lift the Constitution, while uncovering the agenda of attorneys, and people at the association, who are largely unaccountable to its citizens but have influence over processes that affect their lives.
The State Bar has a conflict of interest and is not protecting the public. It is protecting the legal profession and predators with a law license. The attorneys who stand for real justice and truth are punished, sanctioned, and disbarred. This is the opposite of what they claim to stand for. Their Oath of Office to follow the Constitution of the United States and the State Constitution is violated every day. Why is there immunity for those who violate the laws and the rights of the people they serve?
Kolodin is a champion for the constitution and a threat to the entrenched elites monitoring their futures in the halls of power. We need more leaders like him.
Christopher Neiweem is a national opinion columnist, Iraq War Veteran, and has testified before Congress numerous times on issues ranging from war, veterans health policy, aviation, animal rights, firearms, and the federal budget. He regularly writes for Military Times, Newsmax, USA Today, and has appeared on CNN and Fox News, and others, weighing in on national policy affecting multiple industries.
