PRESS RELEASE #37
Georgia Bar Association Dismisses Beery Grievance without Explanation
By Staff Writer: Rick Townsend
December 20, 2005
In June of 2005, an investigation was launched by a disciplinary panel of the Georgia Bar Association, (GBA) concerning a grievance filed by Jere Beery against attorney at law, John Nebl of Eatonton, Georgia. Mr. Nebl had been Jere Beery’s attorney of record and had personally filed a Motion for Appeal to Beery’s divorce settlement in Coweta County, Georgia in April of 2004. The Appeal was later dismissed when Nebl did not appear in court on December 7th of last year. According to Beery, Nebl never contacted him about the required court date, nor did Coweta County Superior Court. “I received nothing about appearing at the December court date. I am convinced that Nebl’s negligence is apart of a larger effort designed to derail my attempts to protect my VA disability compensation in Georgia divorce court,” Beery said.
According to a December 12, 2005 letter from the Georgia Bar Association (GBA), addressed to Jere Beery, “the Panel concluded their investigation did not disclose sufficient evidence to justify formal proceedings against Nebl.” The GBA letter did not explain why Nebl didn’t show up in court or contact Jere Beery about the court date. “I guess I’m not entitled to an explanation,” Beery stated. “Apparently, in Georgia, an attorney can sabotage a person’s legal rights and not be held responsible for ethics violations. John Nebl’s negligence in my case denied me due process to appeal my divorce settlement, and therefore directly contributed to the violation of federal laws which protect my veteran’s benefits from attachment. I guess I should be grateful it wasn't a capital murder case,” Beery added. (GBA Letter of Dismissal)
Although John Nebl was unable to provide the GBA investigating panel with any correspondences, telephone logs, official USPS notification of his client, or legitimate reason for not appearing in court, the panel’s seven month investigation concluded Nebl did nothing wrong.
On July 28, 2005, the GBA received a letter from Mr. Nebl’s attorney, James E. Spence, Jr., of Atlanta Georgia, concerning Beery filed complaint. In the six page letter, Mr. Nebl’s defense for dropping the Beery case without notice was; he, (Nebl) had talked to the judge in the case and determined Jere Beery didn't have legitimate grounds to have his appeal heard, and because he personally, (Nebl) felt Mr. Beery did not deserve the VA disability compensation he was currently receiving in the first place.
In addition, Nebl’s written statement attempted to blame former employee and lead investigator; Rick Plymale for the Beery dismissal and claims Plymale did not advise him, (Nebl) of the pending Beery court date. According to Rick Plymale’s sworn written statement submitted to the GBA in September of 2005, Nebl was well aware of the court date, as he and Nebl had discussed it face to face, and Nebl’s office would have received written notification from the court as well. Rick Plymale was curiously fired by John Nebl four days before the Beery appeal was to be heard in Coweta County on December 7, 2004. “I have always thought Jere Beery had a legitimate legal argument concerning the protection of veteran’s disability compensation in divorce court and I was committed to his case, Plymale stated in a recent telephone conversation. “I’m convinced my firing from the Nebl law firm was in part because of my support for Jere’s argument and his pending motion,” Plymale added. Plymale also stated Nebl’s secretary knew of the December 7th Beery court date as well, but she was fired at the same time as he was, and apparently was never contacted about the matter by the GBA investigating panel. Rick Plymale has not returned to the legal profession noting frustration and disappointment in a system he labels as too “corrupt” and “unjust” for an honest God fearing man to pursue.
Jere Beery credits Rick Plymale for all of the legal work done on his case while he was lead investigator. “Rick is the unsung hero in this entire story,” Beery stated. “All of the research in my case was done by Rick Plymale, not Nebl,” Beery said. “When John Nebl fired Rick Plymale, he virtually through my case out the door as well,” Beery claimed.
Jere Beery feels the root of this fiasco goes back to his original 2004 final divorce settlement hearing held in Coweta County, Georgia. In February of 2004, Jere Beery was ordered to pay $24,000 in alimony from his VA disability compensation by Georgia Superior Court Judge, Allen Keeble. “Even my ex-wife has publicly admitted my VA disability compensation was wrongfully targeted by her attorney and the judge,” Beery claimed.
According to USC, Title 38, §5301(a), VA disability compensation is federally protected from consideration as an “attachable asset”, or “divisible property” in any legal proceedings whatsoever. According to Jere Beery’s final divorce decree, he was ordered to pay $24,000 in alimony from his only source of livelihood, his VA disability compensation. “The question is, how to enforce the law when the legal system itself doesn’t recognize it’s obligation to ethics or the law,” Beery asked.
A number of interested parties across the country have been following the Beery case and other similar cases, and have voiced support for efforts to protect veteran’s benefits in divorce court. One such veteran is Dale Van Luven of Hermitage, Tennessee. “I might be wrong, but I personally don’t think Jere’s ex-wife graciously released him from $24,000 in alimony payments last month out of the goodness of her heart. Divorces simply don’t work that way. I suspect someone may have contacted the former Mrs. Beery and suggested she drop the court ordered alimony in an effort to eliminate any appearance of damages. Then, apparently, since the damages disappeared, the Georgia Bar saw no reason to pursue disciplining John Nebl for his obvious negligence and ethics violations in Beery’s case,” Van Luven suggested.
Retired Marine Master Sergeant, James North of Harrison Township, Michigan agrees with Van Luven. “Jere Beery was challenging the entire state of Georgia’s legal interruption and perception of veteran’s benefits protection. There was no way they were going to allow Beery his day in court,” North stated. “I don’t think it is coincidence that Beery’s grievance was dismissed by the Georgia Bar Association, nor do I think it was a coincidence his attorney didn’t show up in court for his appeal. This entire Beery divorce scenario seems to have been contrived since day one, if you ask me. When your own attorney attacks you, something stinks,” North added.
Retired Navy Master Chief, Don Holland of Orlando, Florida voiced extreme concern over the dismissal of Beery’s grievance. “The letter Jere Beery received from the Georgia Bar is very vague and does not explain how the investigating panel concluded Mr. Nebl was in compliance with state code of ethics by not appearing in court or contacting Mr. Beery of the pending court date,” Holland questioned. “I would think Mr. Beery is entitled to a more detailed explanation of how his motion for reconsideration was dismissed and why Mr. Nebl failed to appear in court. I will be contacting the Georgia Bar Association and suggesting they do just that,” Holland added.
Retired Navy Master Chief Steve Olson of Lynn Haven, Florida expressed much the same sentiment about the Beery dismissal. “I have been following this story for some time now, and I am amazed by what I have seen. There seems to be no limit to the extremes some legal eagles in Georgia will go to in an effort to cover up their unjust treatment of our veterans,” Olson said. The illegal tap dancing and client betrayal that has taken place in Beery’s divorce is appalling, to say the least, Olson said.
Fellow Vietnam veteran Billy Fussnecker of Loveland, Ohio put it this way; “We as veterans need to stand beside our brothers in the battle to protect veteran’s benefits from third party awards. Jere Beery is one of many disabled veterans in this country that are being stripped of their veteran’s benefits and military retirement pay in state divorce courts. This is an extremely important and emotional issue and I will be writing my Congressman and Senator concerning this matter, as well as the VFW and DAV,” Fussnecker said.
Vietnam combat veteran Larry Snyder of San Antonio, Texas is yet another disabled veteran victimized by an ugly divorce. “I’m facing contempt of court charges in Florida right now because I refuse to use my VA disability compensation and Social Security Disability to pay alimony,” Snyder said. “I don’t blame my ex-wife as much as I do the lawyers and judges for allowing this to happen,” Snyder added. “I hate to sound over dramatic, but I will die in jail before I will give up my earned veteran’s benefits to my able bodied non-military ex-wife,” He said.
Jere Beery summed up his situation this way; “Every effort to derail my motion to appeal Judge Allen Keeble’s very questionable ruling has been made over the past two years, including sabotage by my own attorney. From admitted private discussions between Judge Keeble and John Nebl, to a quietly conducted court hearing, this case has been one injustice after another. Judge Keeble violated federal law, and with help from John Nebl and the GBA, has gotten away with it. As for whether I am entitled to my VA disability compensation, or not? Keeble, Nebl, nor the Georgia Bar Association has the right, or authority to second-guess VA awards of compensation. No one has access to my VA medical records or service records. They are not qualified to determine my abilities or disabilities as viewed by the DVA. If I am not eligible for disability compensation, the DVA is quit capable of administering the laws and regulations that apply to me as a disabled veteran. Under no circumstances should a state court judge assume he/she has the authority to directly/indirectly award veteran’s benefits and/or entitlements and/or compensation to a third party in any legal proceedings, much less a divorce settlement. To suggest my ex-wife should receive my VA disability compensation because I personally do not deserve it is ludicrous, at best. That is what this argument has always been about,” Beery stated.
Needless to say, Jere Beery’s legal options have been exhausted and his case and grievance are closed. But the questions Beery asked in his legal challenge remain unanswered. As it stands right now, we will ever know with any certainty if Judge Allen Keeble violated Federal laws created to protect veteran’s benefits. Attorney at Law, John Nebl has been cleared of any/all wrong-doing by the Georgia Bar Association for his representation, (or lack of) in Jere Beery’s case. Therefore, a reasonable person could conclude, disabled veterans living in Georgia remain fair prey for these two legal professionals in the future.
In a related story, on November 3, 2005, disabled veteran Larry Snyder filed a formal complaint in the U.S. District Court, Western District of Texas, requesting a federal interpretation as to the applicability of US Code Title 38, Section 5301. Snyder has received a response from the court denying his request for clarification claiming the federal court does not have the jurisdiction to render any such interpretation.
Jere Beery – jerebeery@aol.com
Dale Van Luven – vietna467@aol.com
James North - gymgemjim@comcast.net
Don Holland - donholland1@yahoo.com
Rick Plymale lawdog@mfire.com
Larry Snyder - snyder2l@earthlink.net
Billy Fussnecker – fussnecker@aol.com
Steve Olson - olsonsteve2@aol.com
If you would like to contact the Georgia Bar Association with your comments, please do.
Mr. John G. Haubenreich
Chair, Ethics Investigative Panel (GBA)
(404)527-8720
(800)334-6865
Fax – (404)527-8744
For the entire story, visit – WWW.JEREBEERY.COM
[Note] To date, not one person has publicly challenged the accuracy of this series of articles. Although Jere Beery's case and grievance have been permanently terminated, not one of the persons mentioned in these articles has offered a rebuttal of any kind. In an effort to produce a balanced and fair report, the FIREBASE NETWORK extends an open invitation to Georgia Superior Court Judge, Allen Keeble, Georgia Attorney at Law, John Nebl, and the Georgia Bar Association to formally respond to accusations of wrong doing contained within this series of reports. Any/all rebuttals received will be published in their entirety.