1. The Guardianship of Rosa Parks: The Struggle to Deprive and Protect the Dignity, Civil Rights, and Honor of a Simple Seamstress
Terry W. Hammond
Terry W. Hammond & Associates
Texas Guardianship Association Annual Conference
April 25, 2014
Austin, Texas

4. IN CONGRESS, July 4, 1776.
When in the Course of human events,, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

5. IN CONGRESS, July 4, 1776.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.-- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

8. Preamble to the Constitution
We the People of the United States,, in Order to form a more perfect Union,, establish Justice,, insure domestic Tranquility,, provide for the common defence,, promote the general Welfare,, and secure the Blessings of Liberty to ourselves and our Posterity,, do ordain and establish this Constitution for the United States of America.

11. IN CONGRESS, March 4, 1789.
THE Conventions of a number of the States,, having at the time of their adopting the Constitution, expressed a desire,, in order to prevent misconstruction or abuse of its powers,, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government,, will best ensure the beneficent ends of its institution.

12. Article [V]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

14. Article [XIV] July 9, 1868
1: All persons born or naturalized in the United States,, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

15. 381 Days

17. December 1, 1955

31. 1987 The Rosa and Raymond Parks Institute for Self Development

32. The Rosa and Raymond Parks Institute for Self Development
“…to educate and motivate youth and adults, particularly African American persons, for self and community betterment.”

33. Elaine Steele

34. RHEA McCAULEY
"She's not the same," said her niece, Rhea McCauley. "She looks good. They can dress her up and sit her there in that chair. But she's not Auntie Rosa."

35. Chicago Tribune December 26, 1994
“After her husband died, concern for the aging Parks arose in 1994, when her Detroit home was broken into and she was assaulted. Community leaders raised money to move her into a high-security downtown apartment complex. Then-Mayor Dennis Archer was at the door to greet her when she arrived…. Indeed, when news broke recently that charitable foundations bearing Parks' name were in financial trouble, and that she was behind on her rent, the owner of the complex stepped forward and announced that she would live rent-free.”

36. July, 1998 Rosa Parks Estate Plan
Assigns all belongings to Rosa and Raymond Parks Institute for Self Development
Elaine Steel/Adam Shakoor Executors/Trustees
Elaine Steele – 90% royalties/10% to nieces/nephews

37. 1999 ROSA PARKS V. LaFACE RECORDS
"Ah ha, hush that fuss / Everybody move to the back of the bus / Do you want to bump and slump with us / We the type of people make the club get crunk.“
Outkast
“Rosa Parks”

38. GUARDIANSHIP “Money Woes Plague Legacy of Rosa Parks”
“Family Frets About Ailing Civil-Rights Legend: They Say They Don't Like The Way People Are Handling Rosa Parks' Affairs”
“Civil Rights Legend in the Spotlight: Amid Legal Saga, Detroit Looks Out for Parks”

39. DENNIS ARCHER
In October 2004, U.S. District Judge George Caram Steeh appointed Dennis Archer, a former mayor of Detroit and Michigan Supreme Court justice, as guardian of legal matters for Parks after her family expressed concerns that her caretakers and her lawyer were pursuing the case based on their own financial interests. "My auntie would never, ever go to this length to hurt some young artists trying to make it in the world," Parks' niece Rhea McCauley said in an Associated Press interview. "As a family, our fear is that during her last days Auntie Rosa will be surrounded by strangers trying to make money off of her name."

40. November 23, 2004 Detroit Free Press
“Two charities created to preserve and protect the name and legacy of civil rights legend Rosa Parks and her late husband have spent the last seven years entangled in lawsuits for nonpayment of bills, been slapped with $25,000 in tax liens by the IRS and the state, and had a vehicle repossessed. In addition, Parks has twice received eviction notices from her Detroit home, a Free Press investigation has found.”

41. JUDGE FREDDIE BURTON
Removed Executors/Trustees; appointed Detroit probate lawyers John Chase Jr. and Melvin Jefferson Jr.
Michigan Supreme Court Ordered reinstatement of Chase/Jefferson
Allowed $517, attorneys’ fees/$88, debt

42. SETTLEMENT 20% of Parks' property to nieces/nephews
80% to of Parks’ property to Institute/Steele
100% royalties from licensing her name to nieces/nephews
Reinstatement of Steele/Shakoor

43. February 21, 2014 Detroit Free Press
LANSING — The Michigan Court of Appeals on Friday upheld Wayne County Probate Judge Freddie Burton Jr.’s handling of a contentious case involving the estate of civil rights icon Rosa Parks and said appeals of his rulings are vexatious and should result in sanctions. A three-judge panel sent the case back to Burton “for a determination of actual and punitive damages, including reasonable attorney fees.”

44. Rosa Parks archives remain unsold in warehouse JESSE J
Rosa Parks archives remain unsold in warehouse JESSE J. HOLLAND Associated Press Published: April 10, 2014
Since 2006, Guernsey's Auctioneers have kept Parks' valuables in a New York warehouse, waiting for someone to offer the $8 million to $10 million asking price.

45. Rhea McCauley, niece of Rosa Parks, released the following statement on February 4, 2013 in remembrance of her aunt’s 100th birthday.
“The historic civil rights events involving my aunt and a whole generation of people from many backgrounds truly collectively launched the realization of the American Dream – “that all men are created equal and endowed by the Creator with certain unalienable rights”, as promised by the Constitution of the United States of America! And so, as we celebrate Aunt Rosa’s 100th birthday, leave a space in your heart for the generation following us: always remind them about what our country was like in the turbulent 18th, 19th and 20th centuries and what type of courage it took to stand against injustice. Let us always remember the legacies of our American Heroes – Mary McCloud Bethune, Irene Morgan, Sojourner Truth, Harriet Tubman, Fannie Lou Hamer, Malcolm X, Dr. King and many, many others. Please join us, the family of Rosa Parks in celebrating the legacies they left for us all. Auntie Rosa always said “Future generations stand upon the shoulders of all American Heroes!”

46. LEGACY Passed voting test three times
Instigated the Montgomery Bus Boycott
Civil Rights Act – 1964
Voting Rights Act
Known as “Mother of the Civil Rights Movement”
First woman/second African American to lie in state in the US Capitol Statuary Hall
First statue commissioned/funded by Congress since 1873

47. Lessons Learned

48. February 4, 1913-October 24, 2005

49. Thank you, TGA!!! www.hammondlaw.net Terry W. Hammond
1401 N. Kansas Street
El Paso, Texas
Tel. (915)
Fax (888)