RENO, NV - Reno Attorney Jason Guinasso represents the guardians of the woman who is at the heart of the matter in Family Court.
The 32 year old woman, who experts say has the mentality of 6 year old, is pregnant after frequenting a truck stop near her group home.
Guinasso says the practice has gone on for about a year.
But besides her mental status, she also has other health problems like Epilepsy and Bi-polar disorder all of which she takes medication.
According to Guinasso the guardians of the woman failed to file the proper report on their ward for one year.
That's when he says the court went overboard.
“The agency, that is Washoe County would have needed to file a petition with the court to call into question the competence or conduct of the guardians and that is what exactly did not happen in this case,” says Guinasso.
According to Guinasso the court has no right to question William and Amy Bauer's guardianship except under special circumstances.
The couple wants the woman to continue with the pregnancy and deliver the baby then put it up for adoption.
The Bauers he says, are devout Catholics and do not believe in abortion.
But in fact, Guinasso says the court hearings are all in an effort to force the woman to terminate her pregnancy.
He says it is his contention that based upon the actions the court has taken to date, the state of Nevada has a disregard for the disabled and babies and wants disabled women who get pregnant to have abortions.
In the hearing Thursday, Judge Walker never mentioned the word abortion, nor about guardianship.
He said hearings were to establish the health of mother and child.
He asked all parties to meet next Tuesday to determine what, if any, decision the woman could make on her own concerning the pregnancy, the risks, and what she would choose to do.
Guinasso labeled the court action extraordinary, and has filed with Nevada's Supreme Court asking them to dismiss the court hearing claiming Judge Walker has no authority in this case.
The Bauer's attorney says he filed an emergency motion with the Nevada Supreme Court asking for action on or before November 6th.