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Reply to JQC General Counsel Michael Schneider, re Confidentiality
I believe Mr. Rodems constructively waived confidentiality by attaching an unsigned sham order of Judge Martha "marionette" Cook[fn1] to a vexatious UPL complaint against me. Judge Cook’s sham order was corruptly entered November 15, 2010 in my civil lawsuit with Mr. Rodems, Gillespie v. Barker, Rodems & Cook, 05-CA-7205 Hillsborough Co., Thirteenth Judicial Circuit.
Although the above cited case closed over two years ago, Judge Cook’s sham order is being used against me today by Rodems as part of systemic political persecution of me by The Florida Bar, U.S. Judge Hodges, and attorney Eugene Castagliuolo, in retaliation for petitioning for a redress of grievances in Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court. Enclosed
please find my Urgent Appeal to the United Nations dated October 25, 2013 for protection from political persecution in the United States.
In compliance with Mr. Coaxum’s referral to the JQC, I submitted a complaint against Judge Cook November 20, 2013. I have your letter of December 10, 2013 for Docket No. 13573 that corruptly denied my complaint against Martha "marionette" Cook. So nothing was resolved by the corrupt Judicial Qualifications Commission. I do not intend to stand idly by the rest of my life as Rodems drags out one of Judge Cook’s sham orders on a whim to corruptly engage The Florida Bar in political persecution of me.
Currently the rule of law in Florida is fantasy as applied to lawyer and judicial misconduct.
Unfortunately current oversight of lawyers and judges in Florida is a cesspool of corruption.
Judul Asli
Reply to JQC General Counsel Michael Schneider, re Confidentiality
Reply to JQC General Counsel Michael Schneider, re Confidentiality
I believe Mr. Rodems constructively waived confidentiality by attaching an unsigned sham order of Judge Martha "marionette" Cook[fn1] to a vexatious UPL complaint against me. Judge Cook’s sham order was corruptly entered November 15, 2010 in my civil lawsuit with Mr. Rodems, Gillespie v. Barker, Rodems & Cook, 05-CA-7205 Hillsborough Co., Thirteenth Judicial Circuit.
Although the above cited case closed over two years ago, Judge Cook’s sham order is being used against me today by Rodems as part of systemic political persecution of me by The Florida Bar, U.S. Judge Hodges, and attorney Eugene Castagliuolo, in retaliation for petitioning for a redress of grievances in Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court. Enclosed
please find my Urgent Appeal to the United Nations dated October 25, 2013 for protection from political persecution in the United States.
In compliance with Mr. Coaxum’s referral to the JQC, I submitted a complaint against Judge Cook November 20, 2013. I have your letter of December 10, 2013 for Docket No. 13573 that corruptly denied my complaint against Martha "marionette" Cook. So nothing was resolved by the corrupt Judicial Qualifications Commission. I do not intend to stand idly by the rest of my life as Rodems drags out one of Judge Cook’s sham orders on a whim to corruptly engage The Florida Bar in political persecution of me.
Currently the rule of law in Florida is fantasy as applied to lawyer and judicial misconduct.
Unfortunately current oversight of lawyers and judges in Florida is a cesspool of corruption.
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Reply to JQC General Counsel Michael Schneider, re Confidentiality
I believe Mr. Rodems constructively waived confidentiality by attaching an unsigned sham order of Judge Martha "marionette" Cook[fn1] to a vexatious UPL complaint against me. Judge Cook’s sham order was corruptly entered November 15, 2010 in my civil lawsuit with Mr. Rodems, Gillespie v. Barker, Rodems & Cook, 05-CA-7205 Hillsborough Co., Thirteenth Judicial Circuit.
Although the above cited case closed over two years ago, Judge Cook’s sham order is being used against me today by Rodems as part of systemic political persecution of me by The Florida Bar, U.S. Judge Hodges, and attorney Eugene Castagliuolo, in retaliation for petitioning for a redress of grievances in Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court. Enclosed
please find my Urgent Appeal to the United Nations dated October 25, 2013 for protection from political persecution in the United States.
In compliance with Mr. Coaxum’s referral to the JQC, I submitted a complaint against Judge Cook November 20, 2013. I have your letter of December 10, 2013 for Docket No. 13573 that corruptly denied my complaint against Martha "marionette" Cook. So nothing was resolved by the corrupt Judicial Qualifications Commission. I do not intend to stand idly by the rest of my life as Rodems drags out one of Judge Cook’s sham orders on a whim to corruptly engage The Florida Bar in political persecution of me.
Currently the rule of law in Florida is fantasy as applied to lawyer and judicial misconduct.
Unfortunately current oversight of lawyers and judges in Florida is a cesspool of corruption.
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and email: mschneider@floridajqc.com Michael Schneider, General Counsel, and c/o, Rick Morales J QC Commission Chair J QC Commission Members, list attached/enclosed Brooke S. Kennerly, Executive Director J udicial Qualifications Commission - J QC 1110 Thomasville Road Tallahassee, FL 32303-6224 RE: Letter of Mr. Schneider dated November 22, 2013, copy attached/enclosed Dear Mr. Schneider: This is in response to your letter dated November 22, 2013 that stated in part: This will acknowledge receipt of your letter dated November 21, 2013 with the attached complaint. As you know complaints to the Commission are confidential pursuant to the Florida Constitution and the Florida Rules of J udicial Administration. Since that confidentiality pertains to judges, complainants and the Commission, no one party may validly waive the confidentiality that attaches to the Commission proceedings. I believe Mr. Rodems constructively waived confidentiality by attaching an unsigned sham order of J udge Martha marionette Cook 1 to a vexatious UPL complaint against me. J udge Cooks
1 J udicial candidate Martha Cook accepted campaign donations from attorney Ryan C. Rodems, and two of my former lawyers, his partners William J . Cook and J onathan Alpert. J udge Cook was expected to act favorably to the donors as opportunities arose. J udge Cook and Mr. Rodems engaged in honest services fraud September 10, 2010 with J udge Cook presiding during an ex parte hearing on final summary judgment in Gillespie v Barker, Rodems & Cook, 05-CA-7205. J udge Cook accepted things of value in return for official acts. 18 U.S.C. 201(b)(2). J udge Cook falsified the record that I elected to leave the hearing, in violation of F.S. 839.13(1) and 837.06, when in fact she ordered me removed, then ruled favorably for Rodems. Hillsborough Deputy Christopher E. Brown, and Major J ames Livingston, provided evidence that J udge Cook and Mr. Rodems collaborated and falsified the record of the hearing. J udge Cook and Rodems used the mail to carry out their scheme or artifice to defraud me of the intangible right of honest services. 18 U.S.C. 1346. U.S. v. Terry, No. 11-4130, C.A.6. As in Terry, J udge Cooks collaboration came relatively cheap, $300 in her initial 2002 bid, $100 each from Messrs. Rodems, Cook, and Alpert. An honest services fraud agreement need not spell out which payments control which act, just that J udge Cook was expected to act favorably to the donor as opportunities arose. Terry at p. 6. J udge Cook failed to discharge her judicial duties without fraud, concealment, bias, favoritism or conflict of interest, but acted like Mr. Rodems marionette. Terry at p. 11. 28 correction Michael Schneider, General Counsel December 20, 2013 Florida J udicial Qualifications Commission Page - 2 sham order was corruptly entered November 15, 2010 in my civil lawsuit with Mr. Rodems, Gillespie v. Barker, Rodems & Cook, 05-CA-7205 Hillsborough Co., Thirteenth J udicial Circuit. Although the above cited case closed over two years ago, J udge Cooks sham order is being used against me today by Rodems as part of systemic political persecution of me by The Florida Bar, U.S. J udge Hodges, and attorney Eugene Castagliuolo, in retaliation for petitioning for a redress of grievances in Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court. Enclosed please find my Urgent Appeal to the United Nations dated October 25, 2013 for protection from political persecution in the United States. I asked UPL Bar prosecutor Mr. Coaxum to strike the unsigned sham order of J udge Cook as corrupt evidence in a political persecution of me. Mr. Coaxum referred me to the J QC because [he is] not a member of the judiciary. But Mr. Coaxums duty as a prosecutor to strike the order from evidence is within his authority and discretion as a Bar prosecutor. The prosecutor is obligated to seek truth and to "do justice." See Model Rules of Professional Conduct Rule 3.8 Cmt. (1) (1983)(describing prosecutors as "minister[s] of justice"); Model Code of Professional Responsibility EC7-13 (1981) (stating that prosecutors must "seek justice"); ABA Standards for CriminaIJ ustice A 3-1.2(c) (3d ed. 1993) ("The duty of the prosecutor is to seek justice, not merely to convict"). In compliance with Mr. Coaxums referral to the J QC, I submitted a complaint against J udge Cook November 20, 2013. I have your letter of December 10, 2013 for Docket No. 13573 that corruptly denied my complaint against Martha marionette Cook. So nothing was resolved by the corrupt J udicial Protection Society Qualifications Commission. I do not intend to stand idly by the rest of my life as Rodems drags out one of J udge Cooks sham orders on a whim to corruptly engage The Florida Bar in political persecution of me. The unsigned sham order of Martha marionette Cook and vexatious UPL complaint is before, inter alia, the U.S. Supreme Court in Petition No. 13-7280. So that is what I meant by, Confidentiality Waived: This matter is in the public domain, Petition No. 13-7280 SCOTUS; and The Florida Bar UPL Investigation No. 20133090(5) of Neil J . Gillespie, initiated by attorney Ryan C Rodems Therefore my complaint December 19, 2013 for Chief J udge Manuel Menendez J r. noted that confidentiality is constructively waived. I hope that resolves the issue and any confusion. Michael Schneider, General Counsel December 20, 2013 Florida J udicial Qualifications Commission Page - 3 You also wrote in your letter November 22, 2013: As you know complaints to the Commission are confidential pursuant to the Florida Constitution and the Florida Rules of J udicial Administration. No Mr. Schneider, I do not know that as an ultimate statement of law. First, your position assumes an inviolate Constitution and laws of Florida, and rules that are equally applied. Currently the rule of law in Florida is fantasy as applied to lawyer and judicial misconduct. Unfortunately current oversight of lawyers and judges in Florida is a cesspool of corruption. Nonetheless, I take your letter as evidence to expect legal action based on confidentially rules that violate First Amendment speech and right to petition, among others. Second, meritorious J QC complaints wrongly dismissed in the past are evidence, inter alia, in Petition No. 13-7280 to the U.S. Supreme Court, which is a matter of public record not subject to confidentiality. The state of Florida was given notice of a constitutional challenge to, inter alia, Fla. Stat., sec. 43.20 J udicial Qualifications Commission. Therefore I have a duty to provide evidence in the matter. On information and belief, you, Executive Director Brooke Kennerly, and the Commission members are subject to 112.313(6) F.S., Misuse of Public Position: 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys. (6) MISUSE OF PUBLIC POSITION.No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. Also see 760.51 F.S., Violations of constitutional rights, civil action by the Attorney General; civil penalty. Please take notice that, A Public Office is a Public Trust. Thank you. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Enclosures/attachments Cc by email: United Nations, with this letter, list of J QC complaints, and Mr. Schneiders letter. J UDICIAL QUALIFICATIONS COMMISSION MEMBERS December 19, 2013 Mr. Ricardo (Rick) Morales, III , CHAIR President, Morales Construction Co., Inc. The Morales Group 6950 Philips Highway, Suite 15 J acksonville, FL 32216 Hon. Kerry I. Evander, VICE-CHAIR Florida Bar ID Number: 302597 Fifth District Court of Appeal 300 S Beach St. Daytona Beach, Florida 32114-5002 Alan B. Bookman, Esq. Florida Bar ID Number: 154770 Emmanuel Sheppard & Condon, P.A. PO Box 1271 Pensacola, Florida 32591-1271 Ms. Shirlee P. Bowne Tallahassee, Florida (retired) Michelle K. Cummings, Esq. Florida Bar ID Number: 299464 GrayRobinson, P.A. 401 E Las Olas Blvd Ste 1850 Fort Lauderdale, Florida 33301-4236 Mayanne Downs, Esq. Florida Bar ID Number: 754900 GrayRobinson P A 301 E Pine St. Fl 14 Orlando, Florida 32801-2724 Mr. Harry R. Duncanson, C.P.A. 9704 Waters Meet Drive Tallahassee, FL 32312-372 Hon. Thomas B. Freeman Florida Bar ID Number: 118504 Pinellas Co. C J C, Florida Hon. Krista Marx Florida Bar ID Number: 511749 205 N Dixie Hwy. West Palm Beach, Florida 334014-5222 Steven R. Maxwell, Ed.D. Educator, School District of Lee County Sanibel, Florida Hon. Michelle T. Morley Florida Bar ID Number: 603333 Sumter County Courthouse 215 E McCollum Ave. Bushnell, Florida 33513-6120 Hon. Robert Morris Florida Bar ID Number: 308439 2nd District Court of Appeal PO Box 327 Lakeland, Florida 33802-0327 J erome S. Osteryoung, Ph.D. Professor of Finance FSU, Tallahassee Florida Hon. J ames A. Ruth Florida Bar ID Number: 494372 Duval County Courthouse 501 W Adams St. Rm. 7159 J acksonville, Florida 32202-4603 J ohn G. (J ay) White, III, Esq. Florida Bar ID Number: 389640 Richman Greer P.A. 250 S Australian Ave Ste 1504 West Palm Beach, Florida 33401-5016 _________________________________ Executive Director, Brooke S. Kennerly General Counsel, Michael L. Schneider Florida Bar ID Number: 525049 RICARDO "RICK" MORALES, III CHAIR HON. KERRY!. EVANDER VICE - CHAIR MICHAEL L. SCHNEIDER GENERALCOUNSEL STATE OF FLORIDA ~ U D I I L QUALIFICATIONS COMMISSION I I 10THOMASVILLE ROAD TALLAHASSEE, FLORIDA 32303-6224 (850) 488- I 58I November22, 2013 Mr. NeilJ. Gillespie 8092SW11S th Loop Ocala, FL34481 Re: Inquiry No. 13-573 DearMr. Gillespie: This will acknowledge receipt ofyour letterdated November21, 2013 with the attached complaint. As you know complaints to the Commission are confidential pursuant to the Florida Constitution and the Florida Rules ofJudicial Administration. Sincethatconfidentiality pertainstojudges, complainantsand the Commission, noonepartymayvalidlywaivetheconfidentialitythatattachestothe Commissionproceedings. In regard to your request for past members they include: Judge James Wolf, Judge Paul Backman, Judge Morris Silberman, Judge J. Preston Silvernail, Henry Coxe, Randolph Bracy, John Cardillo, Leonard Haber and Terrence Russell. TheCommission isdivided intoan Investig.ativePaneland aHearingPanel. Therefore, itcannot be assumed thata memberofthe Commission reviewed any particularinquiry. Yourstruly, MichaelL. Schneider .GeneralCounsel MLS/km i., .'. .w 11' n' _- "i r ,'rtC rn; , 'l' It 'im'tlll1 m'. .i,., ,t_ Fl 323 -- :tI=EH3iGY 22 fllO\f 2013Pfa.-1 3 T .- . FOItEVl:R ... - STATEOFFLORIDA JUDICIALQUALIFICATIONSCOMMISSION 1110THOMASVILLEROAD TALLAHASSEE,FLORIDA32303-6224 1 11 1 1.1 11111 1111 1 Mr. Neil J. Gillespie 8092 SW 11S th Loop Ocala, FL 34481 3448i ::E:3557 jjJ!;I i j i jiiJ iIjiJjii JJij iiJjI ji j JiJjjj j J IJjIi J J' I i1J1Jj j I; j ;Hi i hi ,j" a' 2,..... U ; J J udicial Qualifications Commission Meritorious judicial complaints made by Neil J . Gillespie Each complaint was corruptly dismissed by the J QC Two right-to-sue letters for J udge Claudia Rickert Isom were provided by the J QC J udge Isoms misconduct was rewarded with the 2013 Distinguished J udicial Service Award presented by Chief J ustice Ricky Polston J an. 31 at the Florida Supreme Court. Note: For typical consumers of legal and court services, judicial complaints, like bar complaints, generally do not provide a consumer useful relief if approved, and are almost always dismissed. 1. Docket No. 10495 (2010) - October 5, 2010 complaint for J udge Martha J ean Cook. 2. Docket No. 11375 (2011) - August 17, 2011 complaint for J udge Martha J ean Cook. 3. Docket No. 12385 (2012) - August 15, 2012 complaint for J udge Claudia Rickert Isom 4. Docket No. 12554 (2012) - November 26, 2012 complaint, J udge Martha J ean Cook. 5. Docket No. 13421 (2013) - August 21, 2013 complaint for J udge Martha J ean Cook 6. Docket No. 13527 (2013) - October 17, 2013 complaint for J udge Claudia Rickert Isom 7. Docket No. 13573 (2013) - November 20, 2013 complaint for J udge Martha J ean Cook 8. Docket No. (2013) - December 19, 2013 complaint for Chief J udge Menendez 1. Docket No. 10495 (2010) - October 5, 2010 complaint for J udge Martha J ean Cook. Misconduct, outrageous behavior, racketeering, honest services fraud. J QC anonymous, unsigned dismissal letter November 22, 2010 The Commission does not have authority to disqualify a judge from a case or to order that a new judge be assigned to a case. Any such request must be made through the normal court process. The Commission has no authority to act as an appellate court. It cannot review, reverse or vacate a judge's decision or sentence. Such concerns must be handled through the normal court process. My response letter J anuary 6, 2011 to J QC Executive Director Brooke Kennerly. J udge Cook recused once I filed removal petition 2D10-5529; J udge Cook wrongly denied five motions to disqualify so she could make rulings favorable to Rodems; case was on appeal 2D10-5197. Standard dismissal letter J anuary 7, 2011 by J QC Counsel Michael Schneider In response to your letter of J anuary 6, 2011, please be advised that the Commission completed its review of your complaint in the above matter and determined, at its meeting held on Thursday, November 18, 2010, that the concerns you have expressed are not violations of the Code of Conduct warranting further action by the Commission. The purpose of the Commission is to determine the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. If such misconduct or disability is found, the Commission can recommend disciplinary action to 2 the Florida Supreme Court. The Commission has found no basis for further action on your complaint that therefore has been dismissed. 2. Docket No. 11375 (2011) - August 17, 2011 complaint for J udge Martha J ean Cook. Media reported conflict with family bank business and hearing foreclosure cases, J udge Cook refused to recuse. J udge Cook was administratively transferred to criminal court. Standard dismissal letter September 13, 2011 by J QC Counsel Michael Schneider. 3. Docket No. 12385 (2012) - August 15, 2012 complaint for J udge Claudia Rickert Isom. Lied in open court during a conflict-check hearing, failed to disclose husband once practiced law with my lawyer. Denied disability accommodation. Corruptly remained on the case to make rulings favorable to Rodems. Right to sue letter October 10, 2012 by J QC Counsel Michael Schneider: The Commission has completed its review of your complaint in the above matter and has determined, at its meeting held on Friday, October 5, 2012, that the concerns you have expressed are not allegations involving a breach of the Code of J udicial Conduct warranting further action by the Commission but are matters for review solely through the court system. The purpose of the Commission is to determine the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. If such misconduct or disability is found, the Commission can recommend disciplinary action to the Florida Supreme Court. The Commission has found no basis for further action on your complaint that therefore has been dismissed. 4. Docket No. 12554 (2012) - November 26, 2012 complaint, J udge Martha J ean Cook. No authorship by J udge Cook in a final summary judgment order signed and entered by the J udge without reading the order. Mr. Rodems wrote the order as part of an honest services fraud. Standard dismissal letter J anuary 24, 2013 by J QC Counsel Michael Schneider. 5. Docket No. 13421 (2013) - August 21, 2013 complaint for J udge Martha J ean Cook, failed to follow the holding in Rogers v. State, 630 So. 2d 513 (Fla. 1993), that requires a judge provide a reasonable amount of time to reduce a spoken motion to disqualify to writing. I had just found this case and made a complaint based only on Rogers v. State, one the J QC has relied upon in the past. Initially Executive Director Kennerly corruptly refused to process my complaint, and sent me a letter dated August 30, 2013 on the basis of falsehoods and wrong case details intended to confuse me. I responded by letter September 5, 2013 and refuted Ms. Kennerlys wrongdoing. J QC Counsel Michael Schneider responded September 9, 2013, Although your concerns appear to have been previously addressed, the matter will be resubmitted to the Investigative Panel for their determination. 3 Standard dismissal letter October 10, 2013 by J QC Counsel Michael Schneider. 6. Docket No. 13527 (2013) - October 17, 2013 complaint for J udge Claudia Rickert Isom. This complaint concerned J udge Isoms violation of the Constitution of the State of Florida, Article V, Section 13; failure to disclose multiple Interests In Specified Businesses on the Form 6 Full and Public Disclosure of Financial Interests, Section E; failure to disclose an ownership interest in a high performance aircraft; likely tax evasion through WCAT, INC.; and concealment of the real purpose and use of WCAT, INC., the high performance aircraft, and purpose for failing to disclose this information. Right to sue letter December 10, 2013 by J QC Counsel Michael Schneider: The Commission has completed its review of your complaint in the above matter and has determined, at its meeting held on Thursday, December 5, 2013, that the concerns you have expressed are not allegations involving a breach of the Code of J udicial Conduct warranting further action by the Commission but are matters for review through the normal court process. The purpose of the Commission is to determine the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. If such misconduct or disability is found, the Commission can recommend disciplinary action to the Florida Supreme Court. The Commission has found no basis for further action on your complaint that therefore has been dismissed. So now I have two (2) right-to-sue letters for J udge Claudia Rickert Isom. 7. Docket No. 13573 (2013) - November 20, 2013 complaint for J udge Martha J ean Cook, for corruptly-entered Order Prohibiting Plaintiff [Neil J . Gillespie] From Appearing Pro Se. Although this case was closed over two years ago, J udge Cooks sham order is being used against me today by Ryan Christopher Rodems as part of a vexatious Unlicensed Practice of Law (UPL) Complaint made by Rodems against me. The Order is a sham and did not address a bona fide issue. J udge Cook corruptly entered the Order during a conflict of interest, while she was a Defendant in my federal disability and civil rights lawsuit. J udge Cook entered the Order with a corrupt motive, to stop legitimate inquiry showing her personal and business financial affairs violated the Florida Code of J udicial Conduct. Specifically, J udge Cooks family bank was about to fail in 2009 under FDIC order until a Brazilian billionaire pumped tens-of-millions of dollars in the community bank. J udge Cook recused herself in this case November 18, 2010, three days after entering the Order. J udge Cooks recusal shows my motion to disqualify her was legally justified. Standard dismissal letter December 10, 2013 by J QC Counsel Michael Schneider. 4 8. Docket No. ____(2013) - December 19, 2013 complaint, Chief J udge Manuel Menendez Respondent David A. Rowland, General Counsel for Respondent Thirteenth J udicial Circuit Florida, concocted with others a fraud to falsely portray to Kenneth Wilson, Florida Assistant Attorney General, that I did not serve Mr. Rowland my petition as I certified under Supreme Court Rule 29. Mr. Wilson claims he relied on Rowlands fraud, and did not submit a brief in opposition due the Supreme Court J anuary 14, 2013. Without a response, Florida Attorney General Pam Bondi denied me due process under the Fifth and Fourteenth Amendments. The U.S. Supreme Court relies on opposition briefs as part of its adversarial process to properly litigate and decide a petition. Floridas opposition brief was due J anuary 14, 2013. AG Bondi did not respond for Florida, thus no opposition brief was distributed for the Supreme Courts Conference February 15, 2013. Laura Rush, OSCA, informed me that under Article V, section 2(d), Florida Constitution, the circuit chief judge is the administrative head of the circuit, responsible for the administrative supervision of the circuit courts and county courts in his circuit. Therefore I believe J udge Menendez was involved in the fraud or impairment of Petition No. 12-7747, if not the ringleader. Cal Goodlett, General Counsel's Office, Office of the State Courts Administrator, identified J udge Menendez as the Records Custodian for Thirteenth J udicial Circuit, FL. Rule 2.420(b)(3). On August 15, 2013 I made a records request to J udge Menendez (enclosed), that stated: This is my third request for public records. Two prior requests were met with false and misleading responses from Sandra Burge, a purported "paralegal assistant". Please delegate the task of responding to this records request to a competent person, not someone who was part of the scheme to falsely portray to Kenneth Wilson, Florida A.S.A., that I did not serve Mr. Rowland my petition per U.S. Supreme Court Rule 29. That list of persons includes Rowland, Burge, Chris Nauman, and perhaps others... Contrary to my request to J udge Menendez that Mr. Rowland not be involved in providing records, a response August 30, 2013 from Rowland stating Chief J udge Menendez directed me to respond to your August 15, 2013 public records request. The Thirteenth J udicial Circuit was created by statute to administer, apply, and interpret the laws of the state of Florida in a fair and unbiased manner without favoritism, extortion, improper influence, personal self-enrichment, self-dealing, concealment, or conflict of interest. J udge Menendez does not operate the Thirteenth J udicial Circuit in a fair and unbiased manner. Menendez must be removed from office. He is not able to perform his duty as chief judge in an effective and expeditious manner. J udge Menendez has engaged in a wide range of misconduct as shown here. This complaint shows the existence of judicial misconduct and disability by J udge Menendez as defined by the Constitution and the laws of the State of Florida. Menendez must be removed from office to uphold the integrity and independence of the judiciary. Gabriela Knaul, Special Rapporteur Shuaib Chalklen, Special Rapporteur on Independence of J udges and Lawyers Disability, United Nations Enable (website) Office of the United Nations High Secretariat for the Convention on the Rights Commissioner for Human Rights of Persons with Disabilities @ Department United Nations Office at Geneva of Economic and Social Affairs 8-14 Avenue de la Paix United Nations, S-2906 1211 Geneva 10 Switzerland New York, NY 10017 United States October 25, 2013 Urgent Appeal - For Protection from Political Persecution in the United States Observer requested for new petition filed October 23rd in the U.S. Supreme Court Dear Mrs. Knaul and Mr. Chalklen: My name is Neil Gillespie, age 57, a law-abiding, indigent, disabled citizen of the United States. I am being persecuted by The Florida Bar, U.S. J udge William Terrell Hodges, and Florida attorneys Ryan Christopher Rodems and Eugene P. Castagliuolo, in retaliation for petitioning for a redress of grievances in Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court. Unfortunately Petition No. 12-7747 was compromised by fraud of the Respondents. Specific examples of current and ongoing political persecution of me include: 1. The Florida Bar for an open investigation of me for Unlicensed Practice of Law (UPL). 2. Mr. Rodems made the UPL complaint against me for representing myself and my interests. 3. J udge Hodges corruptly assisted McCalla Raymer in a wrongfully foreclosure of my home. 4. Mr. Castagliuolo ongoing threats to interfere with my Social Security disability income. Petition No. 12-7747 was denied February 19, 2013. Rehearing was denied April 15, 2013. In May 2013 Diana R. Esposito, Florida Chief-Assistant Attorney General, provided me incriminating public records showing Respondent David A. Rowland, General Counsel for Respondent Thirteenth J udicial Circuit Florida, concocted with others a fraud to falsely portray to Kenneth Wilson, Florida Assistant Attorney General, that I did not serve Mr. Rowland my petition as I certified under Supreme Court Rule 29. Mr. Wilson claims he relied on Rowlands fraud, and did not submit a brief in opposition due the Supreme Court J anuary 14, 2013. Without a response, Florida Attorney General Pam Bondi denied me due process under the Fifth and Fourteenth Amendments. The U.S. Supreme Court relies on opposition briefs as part of its adversarial process to properly litigate and decide a petition. Floridas opposition brief was due J anuary 14, 2013. AG Bondi did not respond for Florida, thus no opposition brief was distributed for the Supreme Courts Conference February 15, 2013. Gabriela Knaul, Special Rapporteur, Independence of J udges and Lawyers October 25, 2013 Shuaib Chalklen, Special Rapporteur on Disability Page -2 Political persecution of Neil Gillespie I am being persecuted in retribution for two recent petitions for redress of grievances: Petition No. 12-7747 for writ of certiorari, U.S. Supreme Court, December 10, 2012 Petition No. SC11-1622 for writ of mandamus, Florida Supreme Court, J anuary 9, 2012 I. Persecution of me by The Florida Bar and Mr. Rodems - UPL and foreclosure defense. On May 14, 2013 Ghunise L. Coaxum, Florida Bar Counsel of the Unlicensed Practice of Law (UPL) Department, Orlando Florida, informed me by letter of the Unlicensed Practice of Law Investigation of Neil J . Gillespie; Case No. 20133090(5). The UPL complaint was made by Ryan Christopher Rodems, and alleges I engaged in UPL for representing my own interests in: Reverse Mortgage Solutions Inc. v. Neil J . Gillespie, et al, the wrongful foreclosure of my home on a reverse mortgage called a HECM, Home Equity Conversion Mortgage. Gillespie et al. v. Thirteenth J udicial Circuit Florida, et al, case 5:11-cv-539-WTH-TBS, part of Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court. UPL is a violation of Florida Bar Rule 10.2-1(a), and a felony crime in Florida punishable by five (5) years incarceration and a $5,000 fine. F.S. 454.23. But it was Mr. Rodems who engaged in UPL by wrongly representing the state of Florida in my federal 1983 and ADA disability lawsuit no. 5:10-cv-503, more information to follow. II. Persecution of me by U.S. J udge William Terrell Hodges - wrongful home foreclosure. J udge Hodges made unlawful rulings to benefit the Plaintiff in a foreclosure action on my home. Yolanda Martinez, a paralegal to Plaintiffs counsel Danielle Parsons of McCalla Raymer, LLC, engaged in the Unlicensed Practice of Law in furtherance of a scheme to take my home by fraud, see my Rule 11 sanction motion (Doc. 15), my Rule 55 default motion (Doc. 16), and my verified objection to magistrate order Doc. 12 (Doc. 17) in case 5:13-cv-58-oc-WTH-PRL. J udge Hodges is a shareholder in Bank of America, the real party Plaintiff, but failed to recuse as required by 28 U.S.C. 455(b)(4) for his financial interest Bank of America. J udge Hodges then ignored my 48 page affidavit for bias or prejudice, 28 U.S.C. 144, filed April 8, 2013 (Doc 22). Tellingly J udge Hodges entered an order (Doc. 24) that wrongly denied under 144 his own disqualification, and thus wrongly denied my Rule 59(e) motion to alter or amend judgment. J udge Hodges will not acknowledge certain federal laws of the United States, specifically the DoddFrank Wall Street Reform and Consumer Protection Act (12 U.S.C. Chapter 53), or the Consumer Financial Protection Bureau (CFPB, 12 U.S.C. Chapter 53, Subchapter V) in orders responsive to my pleadings in a contested HECM reverse mortgage foreclosure by Reverse Mortgage Solutions, Inc. for Bank of America, the real party Plaintiff. Gabriela Knaul, Special Rapporteur, Independence of J udges and Lawyers October 25, 2013 Shuaib Chalklen, Special Rapporteur on Disability Page -3 On March 15, 2013 I wrote to U.S. Senator Elizabeth Warren of Massachusetts about J udge Hodges misconduct. Sen. Warren helped create and pass the DoddFrank Wall Street Reform and Consumer Protection Act and the CFPB. J udge Hodges wrongly remanded the foreclosure back to state court, which I appealed. U.S. Eleventh Circuit, Appeal No. 13-11585-B. III. Persecution by The Florida Bar and Mr. Castagliuolo of Neil J . Gillespie - Disability. Florida attorney Eugene P. Castagliuolo has disparaged me on the basis of disability for over a year, and made numerous threats to disrupt my disability benefits in letters to The Florida Bar. The last letter I received from Mr. Castagliuolo is addressed to Susan Varner Bloemendaal, Chief Branch Discipline Counsel, Tampa Branch Office, dated J une 19, 2013, and states in part: I have collected a large pile of the many, many documents filed in various, places by Gillespie over the past several years, and I am looking forward to furnishing that pile to the SSDI abuse investigator for Florida....Once the SSA reviews the fruits of Gillespie's labor, I'm confident that his handicap status will be very much at issue. The letter shows cc: Office of the Inspector General, Social Security Disability Administration (by regular U. S. Mail). Mr. Castagliuolo infers that I am not disabled, but feign disability as part of a plan to abandon my former prosperous business, and to opt instead for a life dependent on disability income. I have a number of similar writings from Mr. Castagliuolo. It appears he does not know or understand much about my disability, and my life-long habilitation efforts. Please find enclosed the following: AFFIDAVIT OF NEIL J . GILLESPIE, FRAUD-IMPAIRMENT OF PETITION No. 12-7747 October 21, 2013- To the Special Rapporteur, Independence of J udges and Lawyers, Office of the United Nations High Commissioner for Human Rights, and the Special Rapporteur on Disability, United Nations Enable (website), Secretariat for the Convention on the Rights of Persons with Disabilities Affidavit: Fraud or impairment of Petition No. 12-7747, a legitimate government activity (18 U.S.C. 371), deprivation of my rights under color of law (18 U.S.C. 242), and conspiracy against my rights (18 U.S.C. 241). AFFIDAVIT OF NEIL J . GILLESPIE-WELL-FOUNDED FEAR-POLITICAL PERSECUTION October 21, 2013- To the Special Rapporteur, Independence of J udges and Lawyers, Office of the United Nations High Commissioner for Human Rights, and the Special Rapporteur on Disability, United Nations Enable (website), Secretariat for the Convention on the Rights of Persons with Disabilities Affidavit: I have a well-founded fear of political persecution Gabriela Knaul, Special Rapporteur, Independence of Judges and Lawyers October 25, 2013 Shuaib Chalklen, Special Rapporteur on Disability Page-4 Also enclosed is a copy of Petition No. 12-7747, and a CD with the whole case file. My current petition also enclosed, also with a CD with the files up to now. I also wrote to President Jimmy Carter as I know he is interested in the ICCPR and the UN. A copy of my letter to President Carter is enclosed. This is all I can do now, I will follow-up as soon as possible. Thank you. 8092 SW 1 th Loop Ocala, FL 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net Enclosures Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 1 of 29 PageID 859 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 2 of 29 PageID 860 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 3 of 29 PageID 861 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 4 of 29 PageID 862 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 5 of 29 PageID 863 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 6 of 29 PageID 864 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 7 of 29 PageID 865 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 8 of 29 PageID 866 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 9 of 29 PageID 867 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 10 of 29 PageID 868 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 11 of 29 PageID 869 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 12 of 29 PageID 870 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 13 of 29 PageID 871 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 14 of 29 PageID 872 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 15 of 29 PageID 873 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 16 of 29 PageID 874 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 17 of 29 PageID 875 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 18 of 29 PageID 876 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 19 of 29 PageID 877 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 20 of 29 PageID 878 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 21 of 29 PageID 879 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 22 of 29 PageID 880 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 23 of 29 PageID 881 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 24 of 29 PageID 882 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 25 of 29 PageID 883 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 26 of 29 PageID 884 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 27 of 29 PageID 885 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 28 of 29 PageID 886 Case 5:13-cv-00058-WTH-PRL Document 31 Filed 12/16/13 Page 29 of 29 PageID 887
WALTER LUTZ, As Judicial Administrator of the Intestate Estate of the Deceased Antonio Jayme Ledesma, Plaintiff-Appellant, Vs. J. ANTONIO ARANETA, As the Collector of Internal Revenue, Defendant-Appellee.