Filing # 21743681 Electronically Filed 12/18/2014 05:23:27 AM

REVERSE MORTGAGE SOLUTIONS, INC.,

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE, and NEIL J. GILLESPIE
AS SOLE-TRUSTEE OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
________________________________________/
DEFENDANTS MOTION TO DISQUALIFY JUDGE HALE STANCIL
Complaint to U.S. Department of Justice, Disability Rights Section,
ADA.complaint@usdoj.gov
Marion County and the Fifth Judicial Circuit openly refuse to obey The Americans With
Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a
matter of policy; a deprivation of civil rights under color of law against 18 U.S.C. 242.
DECLARATION OF NEIL J. GILLESPIE
Pursuant to 28 U.S.C. 1746, and Fla. Stat. 92.525, I hereby declare as follows:
1.

My name is Neil J. Gillespie, an indigent, disabled nonlawyer reluctantly appearing pro

se for myself and my interests as SOLE TRUSTEE of THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997 (Trust).
2.

I move to disqualify Judge Hale Stancil under Fla. Stat. 38.10 (Exhibit 1) and Rule

2.330 Fla. R. Jud. Admin. (Exhibit 2) because I fear that I will not receive a fair trial in this
cause because of specifically described prejudice or bias of the judge. The specific grounds in
support of this motion and declaration are as follows:
3.

On December 11, 2014 at 5:46 PM I emailed Judge Stancil about telephonic hearings,

how to schedule hearings, court reporters etc. A read receipt shows Judge Stancil acknowledged

Defendants Motion to Disqualify Judge Hale Stancil

receiving the email Thursday, December 11, 2014 8:12 PM. Judge Stancil did not respond. No
one responded in his place as of this time. (Exhibit 3).
4.

Because Judge Stancil failed to inform me about telephonic hearings, how to schedule

hearings, court reporters etc., I take that to mean I am not able to appear telephonically, I am not
able to schedule motions, and that my court reporter may not be permitted in court.
5.

I am an individual with a disability who needs an accommodation in order to participate

in a court proceeding before Judge Hale Stancil, Marion County Judicial Center, 110 N.W. 1st
Avenue, Ocala, FL 34475, Courtroom Number TBD, on December 18, 2014 at 10:00 AM.
6.

On December 10, 2014 I submitted my ADA TITLE II Accommodation Request to

ADA@circuit5.org, Judge Stancil, Tameka Gordon, ADA Coordinator, and,

Fifth Circuit Chief Judge Don Briggs
Fifth Circuit General Counsel and ADA Coordinator Grace Fagan
Marion County General Counsel for the Clerk and Comptroller Greg Harrell
John Sullivan, ADA Coordinator, Fifth Circuit, Citrus Co.
John Anthony Tomasino, Clerk, Florida Supreme Court
Silvester Dawson, ADA Coordinator, Florida Supreme Court
McCalla Raymer E-service
Patricia Ann Toro Savitz, Florida Bar Counsel
Barry Rodney Davidson, attorney
Jon Marshall Oden, attorney
Frank Harlan Killgore Jr., attorney
Robert J. Stovash, attorney
7.

No one responded to my ADA TITLE II Accommodation Request as of this time. No

accommodations were provided. Therefore I cannot attend the hearing today.

8.

Marion County and the Fifth Judicial Circuit openly refuse to obey The Americans With

Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a matter of
official policy, a deprivation of civil rights under color of law against 18 U.S.C. 242.

Defendants Motion to Disqualify Judge Hale Stancil

9.

The ADA TITLE II ACCOMMODATION REQUEST means the,

Americans with Disabilities Act of 1990 (ADA) Public Law 101-336
Signed by President George Herbert Walker Bush on July 26, 1990
http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990
And Major Amendments to the ADA 1990,
ADA Amendments Act of 2008 (ADAAA) Public Law 110-325
Signed by President George W. Bush on September 25, 2008
http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008

10.

It has recently come to my attention that Floridas judicial branch of government does not

accept or follow the ADA Amendments Act of 2008, which was a major amendment to the
Americans with Disabilities Act of 1990 (ADA). Tellingly Floridas judiciary, including the
Florida Supreme Court, pretend to support the civil rights of persons with disabilities by
proclaiming its support of the Americans with Disabilities Act of 1990 (ADA). But that law is
long outdated. The current state of the law is reflected by the ADA Amendments Act of 2008.
11.

In Marion County a Fifth Circuit Administrative Order A-2010-12-A specifically referred

to the Americans With Disabilities Act 1990 (ADA) as Public Law 101-336 and not to the
current ADA Amendments Act of 2008 (ADAAA) Public Law 110-325. Fifth Circuit
Administrative Order A-2010-12-A was signed October 14, 2011 by Chief Judge Daniel B.
Merritt, Sr., long after the ADA Amendments Act of 2008 was the law of the land.
12.

The nine page Fifth Circuit Administrative Order A-2010-12-A is found online here,
http://www.circuit5.org/c5/wp-admin/ao/A2010-12-A.pdf

and is part of the internal grievance procedure that shall apply to all courts within the jurisdiction
of the Fifth Judicial Circuit. On information and belief, the purpose of this internal grievance
procedure is to deny the civil rights of persons with disabilities.

Defendant's Motion to Disqualify Judge Hale Stancil

13.

Fifth Circuit Administrative Order A-2010-12-A appoints Grace A. Fagan, General

Counsel of the Fifth Circuit, as the ADA Coordinator and requires all complaints shall be sent
directly to her at the Hernando County Courthouse, 20 N. Main Street, Brooksville, FL 3460 I.
14.

Ms. Fagan is not listed in the Directory of Florida Courts ADA Coordinators, revised

02/07/12 which is nine months after Chief Judge Merritt signed Fifth Circuit Administrative
Order A-2010-12-A into law. The Directory of Florida Courts ADA Coordinators is found linked
on the Office of State Courts Administrators (OSCA) website,
http://www.flcourts.org/core/fileparse.php/243/urlt/ADA_directory.pdf
15.

Ms. Fagan has obstructed my ADA Title II Accommodation Request submitted

December 10, 2014. Ms. Fagan has failed to answer ordinary questions about the court/circuit's
civil procedures, how to schedule a hearing, or provide information on court reporters.
16.

The ADA Coordinator for Marion County is listed as Tameka Gordon in the Directory of

Florida Courts ADA Coordinators, but Ms. Gordon has not responded to my request for
accommodation. I emailed Ms. Fagan December 12, 2014 and got no response:
"Today I attempted to contact Tameka Gordon by telephone at (352) 401-6701, but was
greeted by the voice mail of another person. Does Ms. Gordon have another ADA
telephone number? Has Ms. Gordon been replaced as ADA Coordinator by another
person? This paragraph is not a records request, but related to the Americans with
Disabilities Act, of which you are the ADA Coordinator for the Fifth Judicial Circuit."
FURTHER DECLARANT SAYETH NOT.
Pursuant to Fla. Stat. 92.525, under penalties of perjury, I declare that I have read the foregoing
Declaration and that the facts stated in it are true, or to the best of my knowledge and belief.
Pursuant to 28 U.S.C. 1746(2), I declare under penalty of per
correct. Executed on this 18th day of December, 2014.

Certificate of Service
December 18, 2014
I certify that the foregoing DEFENDANTS MOTION TO DISQUALIFY JUDGE HALE
STANCIL has been furnished to The Honorable Hale R. Stancil, hstancil@circuit5.org., Marion
County Circuit Court; and to the names shown below by e-mail through the Florida Courts Efiling Portal today December 18, 2014.
U.S. Department of Justice, Civil Rights
Disability Rights Section, ADA.complaint@usdoj.gov
DOJ Criminal, Contact your local FBI field office
http://www.justice.gov/crt/complaint/#one
The Honorable Don F. Briggs
Chief Judge, Fifth Judicial Circuit FL
Email: dbriggs@circuit5.org

Ms. Grace A. Fagan, General Counsel

Fifth Judicial Circuit, FL, ADA Coordinator
E-mail: gfagan@circuit5.org

Mr. Curtis Wilson, Esq.

McCalla Raymer, LLC,
Email: MRService@mccallaraymer.com

Ms. Tameka Gordon, ADA Coordinator

Marion County, Fifth Circuit, Florida
Email: tgordon@circuit5.org

Ms. Jane Bond, Managing Partner

McCalla Raymer LLC
Email: jane.bond@mccallaraymer.com

Ms. Robyn Katz, Managing Partner

McCalla Raymer LLC
Email: rrk@mccallaraymer.com

Ms. Patricia Ann Toro Savitz

The Florida Bar
Email: psavitz@flabar.org

Mr. Barry R. Davidson (for Respondent)

Hunton & Williams LLP
Email: bdavidson@hunton.com

Mr. Jon M. Oden, Investigating Member

Ball Janik L.L.P.
Email: joden@balljanik.com

Mr. Frank H. Killgore Jr., Investigating Member

Killgore, Pearlman, Stamp, Ornstein & Squires
Email: fhkillgore@kpsos.com

Mr. Robert J. Stovash, Chair

Stovash, Case & Tingley, P.A.
Email: rstovash@sctlaw.com
RESPECTFULLY SUBMITTED December 18, 2014.

NEIL J. GILLESPIE
8092 SW 115th Loop
Ocala, Florida 34481

Phone: 352-854-7807
Email: neilgillespie@mfi.net

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0038/Sections/0038.10.html

Select Year:

The 2014 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

View Entire Chapter

38.10
Disqualification of judge for prejudice; application; affidavits; etc. Whenever a party to any
action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the
court where the suit is pending on account of the prejudice of the judge of that court against the applicant or
in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the
manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the
presiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that any
such bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavit
and application are made in good faith. However, when any party to any action has suggested the
disqualification of a trial judge and an order has been made admitting the disqualification of such judge and
another judge has been assigned and transferred to act in lieu of the judge so held to be disqualified, the
judge so assigned and transferred is not disqualified on account of alleged prejudice against the party making
the suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds that it
is then a fact that he or she does not stand fair and impartial between the parties. If such judge holds, rules,
and adjudges that he or she does stand fair and impartial as between the parties and their respective
interests, he or she shall cause such ruling to be entered on the minutes of the court and shall proceed to
preside as judge in the pending cause. The ruling of such judge may be assigned as error and may be reviewed
as are other rulings of the trial court.
History.s. 4, ch. 7852, 1919; RGS 2674; s. 1, ch. 9276, 1923; CGL 4341; s. 3, ch. 83-260; s. 212, ch. 95-147.

Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us

(d) Waiver. The Florida Court Education Council is responsible for

establishing a procedure for considering and acting upon waiver and extension
requests on an individual basis.
(e) Reporting Requirements and Sanctions. The Florida Court
Education Council shall establish a procedure for reporting annually to the chief
justice on compliance with this rule. Each judge shall submit to the Court
Education Division of the Office of the State Courts Administrator an annual
report showing the judges attendance at approved courses. Failure to comply with
the requirements of this rule will be reported to the chief justice of the Florida
supreme court for such administrative action as deemed necessary. The chief
justice may consider a judges or justices failure to comply as neglect of duty and
report the matter to the Judicial Qualifications Commission.
RULE 2.330.

DISQUALIFICATION OF TRIAL JUDGES

(a) Application. This rule applies only to county and circuit judges in all
matters in all divisions of court.
(b) Parties. Any party, including the state, may move to disqualify the
trial judge assigned to the case on grounds provided by rule, by statute, or by the
Code of Judicial Conduct.
(c)

Motion. A motion to disqualify shall:

(1)

be in writing;

(2) allege specifically the facts and reasons upon which the movant
relies as the grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by
a separate affidavit; and
(4) include the dates of all previously granted motions to disqualify
filed under this rule in the case and the dates of the orders granting those motions.
The attorney for the party shall also separately certify that the motion and
the clients statements are made in good faith. In addition to filing with the clerk,
the movant shall immediately serve a copy of the motion on the subject judge as
set forth in Florida Rule of Civil Procedure 1.080.

2
July 17, 2014

Florida Rules of Judicial Administration

75

(d)

Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or
hearing because of specifically described prejudice or bias of the judge; or
(2) that the judge before whom the case is pending, or some person
related to said judge by consanguinity or affinity within the third degree, is a party
thereto or is interested in the result thereof, or that said judge is related to an
attorney or counselor of record in the cause by consanguinity or affinity within the
third degree, or that said judge is a material witness for or against one of the parties
to the cause.
(e) Time. A motion to disqualify shall be filed within a reasonable time
not to exceed 10 days after discovery of the facts constituting the grounds for the
motion and shall be promptly presented to the court for an immediate ruling. Any
motion for disqualification made during a hearing or trial must be based on facts
discovered during the hearing or trial and may be stated on the record, provided
that it is also promptly reduced to writing in compliance with subdivision (c) and
promptly filed. A motion made during hearing or trial shall be ruled on
immediately.
(f)
Determination Initial Motion. The judge against whom an initial
motion to disqualify under subdivision (d)(1) is directed shall determine only the
legal sufficiency of the motion and shall not pass on the truth of the facts alleged.
If the motion is legally sufficient, the judge shall immediately enter an order
granting disqualification and proceed no further in the action. If any motion is
legally insufficient, an order denying the motion shall immediately be entered. No
other reason for denial shall be stated, and an order of denial shall not take issue
with the motion.
(g) Determination Successive Motions. If a judge has been
previously disqualified on motion for alleged prejudice or partiality under
subdivision (d)(1), a successor judge shall not be disqualified based on a
successive motion by the same party unless the successor judge rules that he or she
is in fact not fair or impartial in the case. Such a successor judge may rule on the
truth of the facts alleged in support of the motion.
(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge
may be reconsidered and vacated or amended by a successor judge based upon a
motion for reconsideration, which must be filed within 20 days of the order of

July 17, 2014

Florida Rules of Judicial Administration

76

disqualification, unless good cause is shown for a delay in moving for

reconsideration or other grounds for reconsideration exist.
(i)
Judges Initiative. Nothing in this rule limits the judges authority to
enter an order of disqualification on the judges own initiative.
(j)
Time for Determination. The judge shall rule on a motion to
disqualify immediately, but no later than 30 days after the service of the motion as
set forth in subdivision (c). If not ruled on within 30 days of service, the motion
shall be deemed granted and the moving party may seek an order from the court
directing the clerk to reassign the case.
PART IV. JUDICIAL PROCEEDINGS AND RECORDS
RULE 2.410.

POSSESSION OF COURT RECORDS

No person other than judges and authorized court employees shall remove
court records as defined in rule 2.430 from the clerks office except by order of the
chief judge or chief justice upon a showing of good cause.
Court Commentary
1996 Adoption. This rule was written as a result of the problems being encountered in the removal of files
from clerks offices. While the purpose of the rule is to discourage the removal of court files, it is not intended to
prohibit chief judges or the chief justice from issuing for good cause a general order providing that attorneys or
authorized individuals may be allowed to check out files on a routine basis to assist in the administrative efficiency
of a court. We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks
offices.

RULE 2.420.

PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS

(a) Scope and Purpose. Subject to the rulemaking power of the Florida
Supreme Court provided by article V, section 2, Florida Constitution, the following
rule shall govern public access to the records of the judicial branch of government.
The public shall have access to all records of the judicial branch of government,
except as provided below.
(b)

Definitions.

(1) Records of the judicial branch are all records, regardless of

physical form, characteristics, or means of transmission, made or received in
connection with the transaction of official business by any judicial branch entity
and consist of:
July 17, 2014

Florida Rules of Judicial Administration

77

Page 1 of 2

Neil Gillespie
From:
To:
Cc:

Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Hon. Hale R Stancil" <hstancil@circuit5.org>
"Hon. Don F Briggs" <dbriggs@circuit5.org>; "McCalla Raymer E-service"
<MRService@mccallaraymer.com>; "Greg Harrell" <GHarrell@marioncountyclerk.org>; "Tameka
Gordon, ADA Coordinator" <tgordon@circuit5.org>; "Grace Ann Fagan" <gfagan@circuit5.org>;
"Patricia Ann Toro Savitz" <psavitz@flabar.org>; "Barry Rodney Davidson"
<bdavidson@hunton.com>; "John Marc Tamayo" <j.tamayo@vcttalawyers.com>; "Robert J. Stovash"
<rstovash@sctlaw.com>; "Frank Harlan Killgore Jr." <FHKILLGORE@KPSOS.COM>; "Jane Bond"
<jane.bond@mccallaraymer.com>; "Robyn Katz" <rrk@mccallaraymer.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Thursday, December 11, 2014 5:46 PM
sc09-1487.pdf; 2014, 11-17-14, Notice of Hearing-CMC-NJG.pdf; ADA Amendments Act of 2008 Wikipedia.pdf; CFM70514 - Court Reporter.pdf; Letter to United Nations-May-18-2014-Gillespie.pdf;
Rep Cummings Letter to FHFA IG Linick.pdf
practice preferences and other such

The Honorable Hale R. Stancil

Marion County Judicial Center
110 N.W. 1st Avenue
Ocala, FL 34475
RE: Reverse Mortgage Solutions, Inc., vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, Marion
County Circuit Court
Dear Judge Stancil:
Good afternoon, Your Honor.
For some time I have sought information as to your practice preferences regarding telephonic hearings,
how to schedule hearings, court reporters etc. Often this information is found on a preference page for
the judge. I think this is a good idea because it provides equal access to the information among parties,
and reduces what has become an extraordinary amount of effort on my part to obtain for this
information, which is still unknown to me.
Due to my unfamiliarity with this court and circuit, and disability, I require this information in writing,
so I can refer back to refresh my memory, which is poor. Unfortunately I do not have an email address
for your fine Judicial Assistant, Ms. Starling, or I would have contacted her.
So with no other alternative that I know of, I am contacting you directly, which is awkward and may
appear as ex parte communication. So I am providing a copy of this email to Mr. Wilson and McCalla
Raymer LLC. Of course, you are free to take any action, or no action, regarding my request for
information, or with regard to your preference practices. That goes without saying, and is within a
judges sole discretion, not mine.
Attached you will find confirmation of my court reporters appearance for the hearing December 18,
2014. I require all hearings and proceedings transcribed as a disability accommodation as I cannot recall
sufficiently to effectively participate in court proceedings otherwise.
On information and belief, the Fifth Circuit does not comply with the ADA Amendment Act of 2008,
http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008 and neither Ms. Fagan, nor Chief Judge
Briggs has responded on that issue. So it looks like outside effort is required, either through the Florida
courts, the federal judiciary, or a federal executive action.

3
12/18/2014

Page 2 of 2

Unfortunately matters involving me appear to present political questions, and not legal questions for a
court to hear, and therefore are not justicable under the political question doctrine.
http://en.wikipedia.org/wiki/Political_question
The political question doctrine issue reaches beyond the courts of the United States, see attached my
unanswered letter to the United Nations.
Later today I plan to file a motion(s) to quash the hearing set for December 18, 2014 for, inter alia,
failure of the Plaintiff to include the correct ADA language on the notice of hearing, which is clearly not
in compliance with the requirements of Supreme Court Order No. SC09-1487. A courtesy copy of
SC09-1487, and Plaintiffs defective notice of hearing, are attached. Unfortunately McCalla Raymer
LLC is notorious for misconduct as shown in this case and the Bar Complaint of Neil J. Gillespie against
Danielle Nicole Parsons, The Florida Bar File No. 2014-30,525 (09A), which is a problem generally
with foreclosure mills, see attached the letter of U.S. Congressman Cummings to The Honorable Steve
A. Linick, former Inspector General of the Federal Housing Finance Agency.
The foregoing has considerably impeded my ability to prepare for the hearing, and case in chief, which
requires many additional filings, affidavits or declarations, and other such. Here is a link to the Florida
Commission on Access to Civil Justice, which is long overdue. http://www.flaccesstojustice.org/#
Thank you in advance for the courtesy of a response, if you care to provide one.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net

12/18/2014

Page 1 of 1

Neil Gillespie
From:
"Stancil, Hale" <hstancil@circuit5.org>
To:
"Neil Gillespie" <neilgillespie@mfi.net>
Sent:
Thursday, December 11, 2014 8:12 PM
ATT00003.txt
Attach:
Subject: Read: practice preferences and other such
Your message
To: Stancil, Hale
Subject: practice preferences and other such
Sent: Thursday, December 11, 2014 5:46:19 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Thursday, December 11, 2014 8:12:39 PM (UTC-05:00) Eastern Time (US & Canada).

12/18/2014