Britney's Dad to Keep Pulling Strings

Court commish extends Jamie's control of affairs for another month; Lutfi still not served

By Marcus Errico, Jason Kennedy Feb 14, 2008 11:57 PMTags

Britney Spears still can't shake her daddy dearest.

After a brief hearing Thursday, Los Angeles Superior Court Commissioner Reva Goetz declined to make any changes to the conservatorship overseeing the "Gimme More" singer's affairs, effectively leaving father Jamie Spears in control at least until the next hearing, slated for Mar. 10.

The elder Spears also sought—and was granted—permission to take over more aspects of Britney's finances, including her taxes.

Also present in the courtroom was Ivan Taback, an attorney for Britney's 30-year-old brother, Bryan. Together they were named temporary cotrustees of Britney's SJB Trust, which is used to pay for her daily expenses and medical bills and had been under control until now. (Read the filing.)

A source told E! News that Bryan has come back into the picture, because he is interested in taking over talent management for Britney. Bryan used to serve as one of her managers, back when Larry Rudolph represented Britney.

Britney was a no-show for the afternoon proceeding. She remained at her home in the Summit gated community above Beverly Hills, getting "her nails done," according to an insider.

Goetz said she had yet to receive a psychiatric evaluation of the singer. Depending on the results, she could extend the conservatorship beyond Mar. 10.

Meanwhile, Jeryll Cohen, an attorney for Jamie Spears, groused that despite spending 200 hours trying to track him down, Sam Lutfi has still not been served with a restraining order barring him from contacting Britney. Cohen accused Lutfi, the singer's right-hand man the past few months, of "intentionally avoiding service."

Goetz said Lutfi must be served 48 hours prior to a hearing on the order, previously scheduled for Feb. 22. The commissioner said the date might be postponed if Lutfi, who was spotted partying Saturday night with Paris Hilton at L.A. hot spot Area, can't be found.

While Lutfi remains MIA, his publicist made a big splash following the session.

Michael Sands was ranting around with a fistful of court documents he had filed, on behalf New York-based attorney Jon Eardley.

The petition, which lists Eardley as "attorney for Britney J. Spears," seeks to move the custody and conservatorship cases from L.A. court to federal court, citing a litany of perceived injustices against the Blackout artist. (Read the petition.)

"Ms. Spears has not received the benefit of a single hearing before the court, yet she has been stripped of her right to access counsel of her choosing and to meet with her counsel in a private meeting.

"Ms. Spears has been denied the right to associate freely with friends. She has been denied the right to make or receive telephone calls. She has been denied the right to operate a motor vehicle...She has been denied the right to receive and send mail.

"Additionally she has been denied the right to her finances. She is not allowed to access her money or credit cards."

Sands, who until last month worked as a mouthpiece for Kevin Federline's custody attorney, Mark Vincent Kaplan, later curiously told an E! staffer, "The hit is done!"

It appears the filing won't be anything more than a publicity grab. Eardley hasn't established any legal standing in the case, and Goetz shot down Britney's previous attempt to hire her own attorney, deeming her unfit to do so.

"In Britney's case, the commissioner revoked her power to retain her own legal counsel, which is not always the case," explains Kevin Whittaker, a San Francisco-based litigation attorney, who's not involved in the Spears case. "Oftentimes, the conservatee can retain their own legal counsel. This wasn't the case with Britney. So the new attorney's claim to be her legal counsel will be found invalid."

As for the extension of the conservatorship, Whittaker says: "It is not surprising. The idea that someone could take 10 days and then say, 'I am all better' and get control back is not usually what happens."

Whittaker also describes the evaluation Britney will undergo. "They bring in a neutral family specialist with a psychiatric background who will evaluate the family and make a suggestion to the commissioner. If the expert says Britney is an unfit mom, the commissioner, 99 percent of the time goes with what the expert says." 

For his part, Jamie Spears appeared to be happy with the turn of events inside the courtroom, although earlier in the afternoon he looked tired and rather glum. 

Upon hearing the ruling, Cohen patted him on the back and rustled her papers in his direction. He smiled, playfully grabbing a pen from his attorney's hand.

Britney's father, with whom she's had a rocky relationship, was initially placed in charge of her welfare Feb. 1, while she was still under observation at UCLA Medical Center. Last week, Goetz gave Jamie and coconservator Andrew Wallet the power to fire Britney's business manager, Howard Grossman.

Before her setback, Britney had been expected to return Thursday evening to her favored haunt of the past few days, the Millennium Dance Complex in North Hollywood, where she has been rehearsing moves and teaching youngsters. But she called and canceled shortly after the court hearing.

Additional reporting by Jeanifer Hwang

(Originally published Feb. 14, 2008 at 2:48 p.m. PT.)