John B. Thompson, J.D., M.A.

5721Riviera Drive Coral Gables, Florida 33146 305-666-4366

amendmentone@comcast. net
June 4,2013

The Honorable Ricky Polston Chief Justice, Florida Supreme Court Greg White, lnspector General Office of Inspector General, State Courts System Supreme Court Building 500 South Duval Street Tallalmsse e, FL 32399 -L925

Re: Formal Complaint to the Inspector General of X'raud by Florida Court System Officials
Dear Chief Justice Polston and Inspector General Greg White: Our nation's citizenry is presently dismayed to find that the Internal Revenue Service has targeted individuals and organizations for harassment on the basis of those targets' politically conservative beliefs. That was the clear, convinciug, andunrebuttedtestimony today before a House oversight committee by the victims of this ideologically-driven regulatory harassment This abuse of federal govemmental power has rightly brought bipartisan condemnation. What prompts this letter to you two state judicial officials is that this scandal has come to ligbt because a courageous .Treasury Depafinunt Inspector Generaldid his job investigating allegations of regulatory wrongdoing.

I submit to yorl under oath, per the swom verification at the end of this letter, that certain judicial branch ofiEcials have done here in Florida what the IRS has done nationally. These state judicial officials have a) illegally solicited campaign contributions to improperly influence an electiorq b) improperly expended monies to deny ajudgeship to a Florida resident, and e) illegally, unconstitutionally, criminally targeted whistleblowing lawyers for harrn because of what those citizens believe.
More specifically, but not exhaustively, Supreme Court Justices Pariente and euince appeared before The Florida Bar's Board of Governors in January 2Al2 and,illegally solicited a campaign contribution from The Bar, which they got in violation of state law and Bar Rules by means of false statements they made to the Bar Governors, to help fund their own retention election efforts.

In doing so, Justices Pariente and Quince hlpocritically decried the use of money to impact who might oecupy judicial office, yetwe now inowby virrue of the inveitigative reporting of Eric Giunta of the Sunshine State News &at Justices pariente and euirie improperly and unethically donated nearly $30,000 to an effort to deny Alan Forst a judgeship on the Fourth Dishict court of Appeals. see article at h@://www.renewamerica.com/columnsigiunta/130308. No Florida Supreme Court Justices have ever done such a thing, and for good reason: such a brazen political act by these two ideologues demolishes any pretence of 'Judicial independence,,; thereby harrning the entire judicial branch of government in this state.
Further, I and others can prove that The Florida Bar, with the full knowledge and cooperation of certainflorida Supreme Court Justices, is targeting andpunlshing certain based upon what those public-spirited lawyers believe and not based upon what !W9rs they have allegedly done to violate Bar Rules. A Bar Governor has even stated that lawyers who do not share his pro-gay rights agenda should be disbarred. That is precisely what happened to mq and I can prove it. Even further The Florida Bar, through its officials, n* OnO* and improperly influenced a Bar referee in order to secure and reward a certain result in lawyer Oiscrpfinary proceedings. The Bar gave this referee an award thanking her forthe ."roit it e gave The Bar in a disciplinary

proceeding

irebltable proof of other illegal, fraudulent activities by judicial branch officials. What they have done, and what can be proven, constitutes .of irld,, by judicial officials as defined by your ow1_Offige of Inspector General ofthe State Court Syrt"*. See your own official, controlling document in that regard: http ://www. fl oridasupremecourt. org/oi g/sc S*Fraud_policy.pdf
I_have

You will also note, in reading this document, thatyouhave generated, that all allegations ofjudicial branch fraud "SHAT.T." be fully investigated per Section Vf (Al. The word *shall" is tle stongest command verb in the English language. The State Court Systems Inspector General, which is you, Mr. White, has no choice Uut to investigate this swom Fomral Complaint, now found in the form of this leffer.
advise, that The Barhas even created a lawyers malpractice insurer one of whose stated pu{poses is to defeat discipline of its insured lawyers. This constitutes

I further

aa lawyer protection racket by The Bar for those who enjoy a commercial relationship with this Bar-created insurer.

Additionally, as ifthe above were not enough, please be advised That The Florida Bar is nowactively' illegally, unconstitutionallS ana irimi"atly harassing a lawyer who runs a public-spirited law blog in Browmd County. His sin? fie n* iaentifieO and helped remedy comrption the B_roward judiciary. Thus, The Bar, in exercising A" U*yo Yithin disciplinary power that is SU?P0SED to be ovLrseen by you, Chief Justi.", frd the rest Florida Slpreme Court, is harassing awhistle-blowing'lawyer simply b""u,rr" 9fth" t" has been effective in serving the common-weal. Thus the Fl;rida'Srpr"r* "Courtrfne

Florida Bar has become the unholy terror to Florida cittzenlawyers in the same way that the IRS has become the American Taliban on the national scene. Finally, please note that the American Bar Association has officially condemned, through its ABA McKay Commission Report, the lawyer discipline structure of The Florida Bar, because it is hopelessly prone to comrption and improper political influence. So if you don't initially believe me, then believe the American Bar Association as to the rampant fraud to which I alert you.
Therefore, to sum up, I and others have proof of fraudulent, illegal conduct of Justices Pariente and Quince and certain Bar and other judicial officials. The State Courts Inspector General *shall" investigate this Formal Complaint.

I thus demand and await the Inspector General's investigation of this widespread, consequential, and criminal fraud. Put me under oath, as well as others. We have the goods on these judicial branch scofflaws. They are Exhibit A of what Lord Acton noted about the propensity of power to comrpt.
On a personal note, Chief Justice Polston: You of all people ought to understand this problem and do understand this problem. Act on your knowledge. Do the right thing. See to it that your Inspector General does his job instead of sweeping this under the rug.

I solemnly swear, under penalty of perjury, that the foregoing facts are tue, God. Signed, John B. Thompson
Copy: Eric Giunta, Sunshine State News
Representative Scott Plakon, Florida House of Representatives

so help me

Florida State Courts System Fraud Policy

Approved by Florida Supreme Court on September 25, 2012

I.

Applicability
This policy applies to all officers and employees of the State Courts System (SCS), and to all consultants, vendors and contractors who enter into a business relationship with a State Courts System entity.

II.

Policy Statement
The SCS is committed to establishing and maintaining an organizational culture that will ensure fraud prevention and detection are integral parts of all activities, consistent with Standards of Conduct contained in the Code of Judicial Conduct and the Code of Ethics for Public Officers and Employees (Chapter 112, Part III, Florida Statutes). The SCS will not tolerate or condone fraudulent, unethical or dishonest activities. It is the policy of the SCS to identify and promptly investigate suspected fraudulent, unethical or dishonest activities, and, if substantiated, to pursue legal remedies available under the law.

III.

Definition of Fraud
Fraud is a willful or deliberate act or omission by which an individual intends to obtain an unauthorized benefit, service, property or something of value by deception, misrepresentation or other unethical or unlawful means. Fraud may be committed through many different methods, including mail, e-mail, telephone or the Internet. Fraudulent, unethical or dishonest acts include, but are not limited to:

Page |2 Forgery or unauthorized alteration of documents or computer records; Falsification or misrepresentation of reports to management and external agencies, including time sheets, official travel claims for reimbursement or other expense reimbursement reports; Authorizing or receiving payment for time not worked; Misappropriation of funds, supplies or other assets; Impropriety in handling or reporting of money or financial transactions; Unauthorized activities that result in a conflict of interest; Disclosure of confidential or proprietary information to unauthorized individuals;

The SCS Inspector General (IG) shall provide guidance to management as to whether specific actions constitute fraud.

IV.

Managements Responsibilities
A. Management refers to any marshal, administrator, manager, director, supervisor or other individual who manages or supervises SCS funds, entities, offices, or personnel. B. Management is responsible for ensuring implementation of an effective system of internal controls for detecting and preventing fraudulent or dishonest activities. These internal controls should ensure that transactions are properly authorized and recorded, assets are properly safeguarded, and accountability for actions and resources is appropriately identified and documented. Management should be familiar with the types of improprieties that could occur and be alert for any indication of improper activity, misappropriation, or dishonest activity. When improper activity is suspected or detected, management should promptly determine to the extent possible if the activity occurred because of an error or mistake or because of fraud or dishonesty.

Page |3 C. If management suspects an activity may involve fraud or dishonesty, management shall report the suspicious activity to the Chief Justice or Chief Judge and the IG. The IG will conduct an investigation, contacting and involving internal and external entities and offices as deemed appropriate. After reporting suspicious activity to the IG, management should not attempt to conduct investigations, interviews, or interrogations. Management is responsible for implementing corrective actions to ensure adequate controls exist to prevent reoccurrence of improper activities.

V.

Employee Responsibilities
When suspected fraudulent, unethical or dishonest activities are observed by or made known to an employee, the employee must: i. Report the incident to his/her supervisor for subsequent reporting to the Chief Justice or Chief Judge, and IG. When the employee believes the supervisor may be involved in the inappropriate activity, the employee shall make the report directly to the next higher level of management or the IG. ii. Refrain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident unless otherwise directed by the IG or law enforcement personnel.

VI.

Investigation of Allegations of Fraud

a. Authority to Investigate Allegations of Fraud
i. The IG is authorized under section 20.055(6), Florida Statutes, to initiate, conduct, supervise, and coordinate investigations designed to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct, and other abuses in state government. The IG is also authorized to receive and investigate complaints filed pursuant to the Whistle-blowers Act in section 112.3187-112.31895, Florida Statutes. The IG shall refer complaints involving judges, attorneys or other licensed or regulated individuals to the appropriate oversight or regulatory body for investigation and determination of probable cause.

Page |4

ii. In the course of investigating fraud, suspected fraud or other wrong-doing within the scope of this policy, the IG shall have free and unrestricted access to all records and premises required to evaluate allegations. When investigating fraud, suspected fraud or other wrong-doing within the scope of this policy, the IG may inspect, examine, copy or remove SCS records and property without prior consent of any individual who may have custody of such items.

b. Complaint Procedures
Complaints may be filed with the IG by telephone at 850-488-9123 or email at Ispgenl@flcourts.org.

The State of Florida has established a Whistle-blower hotline through which individuals can anonymously submit complaints of fraud, waste, abuse, or misuse of State resources. The State of Florida Whistle-blower Hotline number is 1-800-543-5353.

c. Inspector General Review

The IG shall, after sufficient review or investigation, determine whether the allegations contained in a complaint are substantiated. The IG shall also determine whether violations discovered during the course of an investigation are criminal in nature and shall report such violations to the Florida Department of Law Enforcement or other law enforcement agency as deemed appropriate.

d. Reporting
The IG shall report the outcome of all investigations of fraudulent, unethical or dishonest activities, except investigations involving the Whistle-blower Act, to the Chief Justice, and when applicable, to the Chief Judge. Based upon the IG findings, the Chief Justice or Chief Judge, in consultation with the State Courts Administrator and the OSCA General Counsels Office, will determine the

Page |5 appropriate responsive actions. Whistle-blower Act investigations will be conducted and reported in accordance with section 112.3189, Florida Statutes.

e. Confidentiality of Records
Information provided to the IG will be confidential to the extent permitted by law or court rule. Complaints alleging misconduct against judges, including complaints forwarded to the Judicial Qualifications Commission, are confidential under rule 2.420(c)(3)(A), Florida Rules of Judicial Administration, until probable cause is established. Complaints alleging misconduct against entities or individuals licensed or regulated by the courts are confidential until a finding of probable cause or no probable cause is established under rule 2.420(c)(3)(B), Florida Rules of Judicial Administration. Reports of the IG are public record except for information that is made confidential or exempt from public disclosure by statute or court rule. The name or identity of an individual who makes a complaint under the Whistle-blowers Act is confidential under section 20.055(5)(b), Florida Statutes, unless the complainant consents to disclosure, or the inspector general determines that such disclosure is unavoidable during the course of the investigation.

f.

Sanctions
If an investigation results in substantiated allegations by the IG, a recommended course of action will be developed for approval by the hiring judge or justice for personal staff or the Chief Justice, Chief Judge, marshal, trial court administrator, state courts administrator or manager for consultants, contractors or vendors, or employees of a court or administrative office of a court who are not personal staff.

Florida Supreme Court justices gave $30,000 to liberal group opposing c...

http://www.renewamerica.com/columns/giunta/130308

March 8, 2013

By Eric Giunta
Eric Giunta

In the wake of Gov. Rick Scott's appointment of Alan Forst to the Florida 4th District Court of Appeal, Sunshine State News has discovered that state Supreme Court Justices Barbara Pariente and Peggy Quince donated nearly $30,000 to the liberal activist group that opposed Forst's candidacy. "I believe this is the first time in our history that two sitting Supreme Court justices have diverted campaign cash to a group that used the money to attack a fellow Florida Bar member nominated to the appellate court," a former high-ranking government attorney tells SSN. "This action has the potential to undermine the integrity of the merit selection process." Forst fills the seat vacated by retiring Judge Fred Hazouri, who is Pariente's husband. . . . Catch the rest of the exclusive story at Sunshine State News! Eric Giunta

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

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6/7/2013 11:41 AM

Justices Pariente, Quince Gave $30,000 to Liberal Group Opposing Cons...

http://www.sunshinestatenews.com/print/5245748

Published on Sunshine State News (http://www.sunshinestatenews.com)

By: Eric Giunta | Posted: March 8, 2013 3:55 AM In the wake of Gov. Rick Scott's appointment of Alan Forst to the Florida 4th District Court of Appeal, Sunshine State News has discovered that state Supreme Court Justices Barbara Pariente and Peggy Quince donated nearly $30,000 to the liberal activist group that opposed Forst's candidacy. Supreme Court Justices Peggy I believe this is the first time in our history that two Quince, left, and Barbara sitting Supreme Court justices have diverted campaign Pariente, right.Hide cash to a group that used the money to attack a fellow Florida Bar member nominated to the appellate court, a former high-ranking government attorney tells SSN. This action has the potential to undermine the integrity of the merit selection process. Forst fills the seat vacated by retiring Judge Fred Hazouri, who is Pariente's husband. Contributor records maintained by the Florida Division of Elections show that Pariente and Quince respectively donated $23,000 and $5,922.65 of their leftover campaign monies to Democracy at Stake, less than two months after winning retention to the high court in November. Democracy at Stake was founded with the express purpose of defending the justices and their successful campaigns against critics who charged that they (along with Justice R. Fred Lewis) are left-wing judicial activists who do not interpret law according to its original public meaning. Lewis, who had also been up for retention, donated $3,837.73 of his leftover campaign cash to Florida Law Related Education Association, a charity that develops and implements legal education programs for young people. As SSN reported Thursday, Democracy at Stake had criticized Forst's nomination to Gov. Scott by the Judicial Nominating Commission, along with five other candidates, on the basis of Forst's lack of trial court experience and his self-identification as a conservative. Ironically, none of the

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6/7/2013 11:44 AM

Justices Pariente, Quince Gave $30,000 to Liberal Group Opposing Cons...

http://www.sunshinestatenews.com/print/5245748

three justices for whom the organization campaigned had served as a trial court judge prior to his/her appointment to an appeals court; Lewis himself had no judicial experience whatsoever before his appointment to the Supreme Court by Gov. Lawton Chiles in 1998.
Around the State

Tropical Storm Andrea zips up the East Coast Obama pitching new health care law in California George Zimmerman trial: Hearing on audio experts continues Judge defers ruling on whether prosecutors in Angela Corey's office withheld documents from defense In California, Obama and Xi seek to build new ties Obama embracing some Bush-era anti-terror policies Three years after spill, recovery accelerating Port Canaveral leaders work to improve staff issues Scott wants to avoid National Guard furloughs SeaWorld raises ticket prices for 3 r d time in year Founded and headed by former state Sen. Alex Villalobos, Democracy at Stake has lambasted conservative grassroots organizations and state Republicans for politicizing the judicial appointment and retention process. It joined the three justices in insisting that the only criterion voters should consider when determining to retain judges is whether the judges maliciously engaged in bad conduct, and that voters should give no regard to judges' judicial philosophy or how it might affect their rulings. During last year's campaign, these justices defended their retention and selection process and complained about the effects of putting money into it, Jesse Phillips, president of Restore Justice, a group that opposed the justices' retention, told SSN. And now that they've been retained, we're starting to see that was just rhetoric." Phillips said the justices' contributions constituted nothing less than complete hypocrisy. When citizens get together to express their right to vote and to shape our government, [Pariente and Quince] think that's a bad thing, he continued, citing the criticism frequently leveled against his organization by the justices and their supporters. Yet when there's an opportunity for them to funnel money to try to shape the outcome of the courts, I guess that's OK, as far as they're concerned. Neither Democracy at Stake nor the Florida Supreme Court returned requests for comment before this story went to press. Forst also declined to comment. Scott's office did not respond to requests for comment either, though it did refer SSN to Scott's press release officially announcing Forst's appointment. "Through leadership and public service, Alan has shown a commitment to the principle of judicial restraint and the rule of law, Scott said in the statement. He is a clear thinker who understands constitutional issues and his unique intellect will enhance the work for 4th District Court of Appeal for years to come.

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6/7/2013 11:44 AM

Justices Pariente, Quince Gave $30,000 to Liberal Group Opposing Cons...

http://www.sunshinestatenews.com/print/5245748

I think Forst is a good pick, Phillips concurred. I am encouraged that the governor did not listen to the group that was trying to undermine this candidacy, and instead made a decision based on principle and not on leftist attempts to torpedo a perfectly good candidate.

Reach Eric Giunta at egiunta@sunshinestatenews.com or at (954) 235-9116. Tags: activist judges, Alan Forst, Alex Villalobos, Barbara Pariente, Democracy at Stake, Florida 4th District Court of Appeal, Florida Division of Elections, Florida Law Related Education Association, Florida Supreme Court, Jesse Phillips, Judicial Activism, Judicial Nominating Commission, Lawton Chiles, News, Peggy Quince, R. Fred Lewis, Restore Justice, Rick Scott, Politics Tioga Dental Associates
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6/7/2013 11:44 AM

Rick Scott Foils Liberal Activists, Appoints Alan Forst to 4th District Cou...

http://www.sunshinestatenews.com/print/5245443

Published on Sunshine State News (http://www.sunshinestatenews.com)

By: Eric Giunta | Posted: March 7, 2013 4:00 PM In a rebuke of liberal-justice activists, Gov. Rick Scott has appointed conservative jurist Alan Forst to the Florida 4th District Court of Appeal in West Palm Beach. Forst fills the seat vacated by retiring Judge Fred Hazouri, husband of Florida Supreme Court Justice Barbara Pariente. Gov. Rick Scott and Alan Sunshine State News was made aware of the ForstHide appointment by a high-ranking official in the state judicial system who would only speak on background. Scott is expected to announce the appointment today. Forst did not return requests for comment.
Around the State

Tropical Storm Andrea zips up the East Coast Obama pitching new health care law in California George Zimmerman trial: Hearing on audio experts continues Judge defers ruling on whether prosecutors in Angela Corey's office withheld documents from defense In California, Obama and Xi seek to build new ties Obama embracing some Bush-era anti-terror policies Three years after spill, recovery accelerating Port Canaveral leaders work to improve staff issues Scott wants to avoid National Guard furloughs SeaWorld raises ticket prices for 3 r d time in year As Sunshine State News reported this morning, Forst's candidacy had been opposed by the Palm Beach Post and by Democracy at Stake, a left-wing organization founded to support the retention campaign of Justices Pariente, Peggy Quince, and R. Fred Lewis. The Post and
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6/7/2013 11:43 AM

Rick Scott Foils Liberal Activists, Appoints Alan Forst to 4th District Cou...

http://www.sunshinestatenews.com/print/5245443

Democracy at Stake attacked Forst's credentials, saying he was unfit for the position because of his lack of trial court experience. None of the three justices for whom Democracy at Stake campaigned had trial court experience before their appointment to an appeals court, and Lewis himself had no judicial experience at all before his appointment to the Supreme Court by Gov. Lawton Chiles in 1998. More to come ...

Reach Eric Giunta at egiunta@sunshinestatenews.com or at (954) 235-9116. Tags: activist judges, Alan Forst, Barbara Pariente, Democracy at Stake, Florida 4th District Court of Appeal, Florida Supreme Court, Fred Hazouri, Judicial Activism, Lawton Chiles, News, originalism, Palm Beach Post, Peggy Quince, R. Fred Lewis, Rick Scott, Politics Lobbyist Florida
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Source URL: http://www.sunshinestatenews.com/story/rick-scott-foils-liberal-activists-appoints-alan-forst-florida4th-district-court-appeal

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