Florida Bar Records Request John Harkness Jun-06-2014

Florida Bar records request to John F Harkness, Executive Director and Records Custodian. This public records request is made pursuant to Rule 2.420, Public Access to Judicial Branch Records, Fla. R. Jud. Admin; Chapter 119, Public Records, Florida Statutes; and any law, rule, statute, regulation, case holding, or other authority described or found in the Reporter’s Handbook of The Florida Bar, Authored by the Media & Communications Law Committee. https://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/Form+List?OpenForm Mr. Hillman claims “Chris started working as legal counsel for this company approximately one year ago.” However The Bar’s lawyer directory did not show Mr. Rodems’ employment with National Title. Instead, Rodems’ lawyer directory page showed Barker, Rodems & Cook, PA. I contend Mr. Rodems was then, and is now, acting as a confidential agent of The Florida Bar in the “filing of complaints and bar grievances” as Mr. Hillman reported to Governor Scott in the enclosed letter dated November 8, 2011. I also contend Rodems’ position with The Florida Bar provides him de facto immunity from any Bar complaints filed against him, including meritorious complaints I made against Rodems,

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VIA UPS 1Z64589FP299145877 J une 6, 2014 Email: [email protected] Mr. J ohn F. Harkness Executive Director and Records Custodian The Florida Bar 651 East J efferson Street Tallahassee, FL 32399-2300 Dear Mr. Harkness: This public records request is made pursuant to Rule 2.420, Public Access to J udicial Branch Records, Fla. R. J ud. Admin; Chapter 119, Public Records, Florida Statutes; and any law, rule, statute, regulation, case holding, or other authority described or found in the Reporter’s Handbook of The Florida Bar, Authored by the Media & Communications Law Committee. https://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/Form+List?OpenForm This records request is submitted to you as the Records Custodian for The Florida Bar. Rule 2.420(b)(3), Fla. R. J ud. Admin. Kindly provide the following records: 1A. Bar complaints against Robert W. Bauer, Bar ID 11058. I received an unsolicited email from Kim Pruett April 10, 2014 stating she intended to file a complaint against Mr. Bauer, see her message emailed to me below. A paper copy of the email is enclosed. From: "kim" To: Sent: Thursday, April 10, 2014 3:30 PM Subject: Robert Bauer/Complaint Hey Neil! How is it going? Is Ann Marie still investigating Bauer? He refuses to give us our money back, actually threatened me, so I am writing a complaint against him NOW! I will send you a copy before I send it to the Bar, hopefully will have it done by tomorrow afternoon. They take so long to write, even though you can only send 25 pages. Thanks, Kim Pruett Mr. J ohn F. Harkness, Executive Director J une 6, 2014 and Records Custodian, The Florida Bar Page - 2 1B. Records responsive to my March 28, 2013 letter to Bar President Gwynne Young. I notified The Florida Bar by letter March 28, 2013 to President Young about Kim Pruett’s likely witness tampering and obstruction of justice in my complaint against Mr. Bauer, TFB No. 2013- 00,540 (8B). Enclosed is my letter to Bar President Young, 14 pages and 1 page index to the exhibits. The exhibits are voluminous and are available. 2. Records responsive to Public Record Request, CCOL-9HBP3M (Gillespie), 2014-03-18. J enny R. J olinski, CRM CDIA+, Records Manager, responded April 15, 2014 and denied any records existed, relying on a statement provided by Shanell M. Schuyler, Director, ACAP/Intake, According to Ms. Shanell M. Schuyler, Director, ACAP/Intake, the Bar does not keep any "...type of permanent record, notation or ledger of all complaints and requests for assistance". The only permanent record we retain is where a file results in discipline. There are no records responsive to your request. I do not have confidence in either the response or credibility of Ms. Schuyler. Enclosed is a paper copy of my email communication with Ms. J olinski, 5 pages. This request was for records described in a letter November 8, 2011 to Governor Rick Scott from J ohn Hillman, CEO of Nationwide Title Clearing, Inc., describing “the preparation and filing of complaints and bar grievances” by Ryan Christopher Rodems on behalf of Nationwide. Enclosed is the two page November 8, 2011 letter to Governor Scott from J ohn Hillman as part of a twenty-three (23) page composite of related documents. The relevant paragraph in states, Chris started working as legal counsel for this company approximately one year ago. Since then, he has represented our interests in at least fifteen different cases. His contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances, assistance in crafting appropriate responses to local news stories concerning the "credit collapse" of 2008, and assistance to our staff during depositions. His duties have brought him into contact with a number of our staff, and he has without exception worked very well with them. His demeanor has always been professional, and his instincts and presence of mind have infallibly directed the course of our legal matters toward a successful outcome. Mr. Hillman claims “Chris started working as legal counsel for this company approximately one year ago.” However The Bar’s lawyer directory did not show Mr. Rodems’ employment with National Title. Instead, Rodems’ lawyer directory page showed Barker, Rodems & Cook, PA. I contend Mr. Rodems was then, and is now, acting as a confidential agent of The Florida Bar in the “filing of complaints and bar grievances” as Mr. Hillman reported to Governor Scott in the enclosed letter dated November 8, 2011. I also contend Rodems’ position with The Florida Bar provides him de facto immunity from any Bar complaints filed against him, including meritorious complaints I made against Rodems, including, Mr. J ohn F. Harkness, Executive Director J une 6, 2014 and Records Custodian, The Florida Bar Page - 3 • Ryan Christopher Rodems TFB No. 2007-11,162(13D) February 20, 2007 (Tampa Branch) • Ryan Christopher Rodems file not opened/no number J une 20, 2007 (Tampa Branch) • Ryan Christopher Rodems TFB No. 2013-10,271 (13E) Sep-13, 2012 (ACAP Central) • Ryan Christopher Rodems, complaint submitted J anuary 4, 2013 to Tallahassee, then incorporated without notice with TFB No. 2013-10,271 (13E) Sep-13, 2012, dismissed. 3. This is a request for records about, showing or explaining, A. Ryan Christopher Rodems and his departure from Barker, Rodems & Cook, PA B. Barker, Rodems & Cook, PA law firm renamed Barker & Cook, PA C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652 D. Discipline or complaints for William J ohn Cook, Bar ID 986194 E. Discipline or complaints for Chris A Barker, Bar ID 885568 F. Ryan Christopher Rodems’ change of employment to Morgan & Morgan, P.A. G. Discipline or complaints for Eugene P. Castagliuolo, Bar ID 104360 H. Records showing Mr. Rodems worked for National Title Clearing. J ohn Hillman wrote in his letter to Governor Rick Scott November 8, 2011 that “Chris started working as legal counsel for this company approximately one year ago.” However the lawyer directory for The Florida Bar did not show Rodems’ employment with National Title Clearing. Instead, Rodems’ lawyer directory page showed he worked for Barker, Rodems & Cook, PA. 4. Records responsive to my enclosed records request to the OSCA, Office of State Court Administrator, c/o Thomas A. David, General Counsel, May 27, 2014. This request refers to a story March 1, 2014 in Florida Bar News “Court urges all bars to get right with the ADA. For example, record request item 1g “This is a request for records of Bar President Pettis’ “diversity and inclusion” cornerstone.” Pettis, who made diversity and inclusion a cornerstone of his presidency, said: “As we continue our efforts of total inclusion of all lawyers at every level of our Bar, it is imperative that we include persons with physical handicaps. While this incident in Miami was unfortunate, it has shed light on our need to be more sensitive and intentional in making sure every member is included and welcomed.” Mr. J ohn F. Harkness, Executive Director J une 6, 2014 and Records Custodian, The Florida Bar Page - 4 The Florida Bar may have records of Bar President Pettis’ “diversity and inclusion” cornerstone.” that the OSCA does not posses. Record request item 1c asks for a progress report from The Florida Bar, 1c. Records of the “approval by the entire Florida Supreme Court” to “develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.” Record request items 2 through 12 request records showing “duties and responsibilities” of Florida Court ADA Coordinators shown on the ADA Coordinator Directory, February 27, 2012, and records of the “qualifications, education and skills required for the position.” I believe Mr. Paul F. Hill, General Counsel, is the ADA Coordinator for The Florida Bar. Kindly provide records showing the duties and responsibilities of Mr. Hill as ADA Coordinator for The Florida Bar, and the qualifications, education and skills required for the position. If The Bar has a medically qualified person to review or consult on disability accommodation requests, records identifying the person, records showing the duties and responsibilities of the person, and records of the qualifications, education and skills required for the position. Ms. Woodward will get disability access because access is not a convenience when it works best for them. Access is her civil right. Unfortunately ordinary people do not have the benefit of personal intervention by the Supreme Court of Florida. For example, Hillsborough Sheriff’s Deputy Charlette Marshall-J ones dumped quadriplegic Brian Sterner out of a wheelchair and onto a jail floor at the Hillsborough County Orient Road J ail, apparently as a crude test to see if he was really disabled. CNN’s report of this incident is posted at http://youtu.be/huRYZAJ 8wzA as shown on the enclosed paper profile, with additional coverage by the Tampa Bay Times. Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: (352) 854-7807 Email: [email protected] Enclosures Neil Gillespie From: "kim" To: Sent: Thursday, April 10, 2014 3:30 PM Subject: Robert Bauer/Complaint Page 1of 1 6/5/2014 Hey Neil! How is it going? Is Ann Marie still investigating Bauer? He refuses to give us our money back, actually threatened me, so I am writing a complaint against him NOW! I will send you a copy before I send it to the Bar, hopefully will have it done by tomorrow afternoon. They take so long to write, even though you can only send 25 pages. Thanks, Kim Pruett VIA UPS No. 1Z64589FP295864526 March 28, 2013 Email [email protected] Gwynne Alice Young President, The Florida Bar Carlton Fields, P.A. 4221 W. Boy Scout Boulevard, Suite 1000 Tampa, FL 33601-3239 RE: Request for Investigation, Witness Tampering, Obstruction of J ustice Kimberley Pruett-Barry, and Robert W. Bauer, TFB No. 2013-00,540 (8B) Dear Madam Bar President: This is a request for an investigation in TFB No. 2013-00,540 (8B) for witness tampering and obstruction of justice by Kimberley Pruett-Barry and Robert W. Bauer. Ms. Pruett-Barry is a.k.a. Kim Pruett-Barry, Kim Pruett or Kim Barry, and perhaps uses other variations or aliases. Also, someone connected Anna Hodges, another unhappy Bauer client, with a false report of my death. Bar Counsel Annemarie Craft, in a letter to me dated March 15, 2013 wrote “If you wish to file a rebuttal to the response, please do so in writing by April 1, 2013.” Respectfully Ms. Young, I request the time be tolled to file a rebuttal until the requested investigation is complete. Ms. Craft is a witness to witness tampering and obstruction of justice by Ms. Pruett-Barry and Mr. Bauer, and should be disqualified from further proceedings in this matter. Ms. Craft, along with Paul Hill and Kenneth Marivn, were provided “cc” my email response J anuary 16, 2013 to Ms. Pruett referring her complaints about Mr. Bauer to The Florida Bar. Now it appears Pruett’s contact with me was intended to discredit and undermine my complaint against Mr. Bauer. In addition and in the alternative, dishonesty by Ms. Craft shown in the matter of Catherine Barbara Chapman, RFA No. 13-12194, shows misstatements of fact and law by Ms. Chapman that would cause a reasonable person to question her fairness and impartiality. See my letter to you March 26, 2013, and addendum thereto March 28, 2013 in RFA No. 13-12194. Therefore Ms. Craft should be disqualified from further proceedings in this matter. Letter of Bar Counsel Annemarie Craft - March 15, 2013 Bar Counsel Ms. Craft stated in her letter of March 15, 2013 that it appeared that Mr. Bauer did not provide me a copy of his response to my complaint: Enclosed you will find Mr. Robert W. Bauer's response to your complaint. The response sent by Mr. Bauer indicated that a copy was being mailed to you. However based on your recent email to The Florida bar it appears that you did not receive you copy of Mr. Bauer's response. Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 2 Ms. Craft’s statement is correct, I did not received a response from Mr. Bauer as indicated. This is not surprising given Mr. Bauer’s record of dishonesty in my relationship with him, which allegation is part of my Bar complaint(s) against him. Mr. Bauer also has a record of dishonesty in his responses to those Bar complaints, and related matters. The involvement of Kim Pruett appears to be a continuation of Bauer’s behavior intended to intimidate me and obstruct justice. Email of Kim Pruett, J anuary 28, 2013 - “Exhibit A” to Mr. Bauer’s Response The single remarkable item provided by Ms. Craft was “Exhibit A” to Mr. Bauer’s response, a copy of an email from Kim Pruett who unfortunately has been contacting me for several months complaining about Robert W. Bauer, whom she claimed negligently represented her and her husband in a legal malpractice lawsuit against Florida attorney Peter R. McGrath. However Kim Pruett’s email states “Please be advised that I am satisfied with Mr. Bauer's representation of our case and in no way want to be associated with Mr. Gillespie and this complaint.” The email of Kim Pruett is “Exhibit A” to Mr. Bauer’s response, and appears here as Exhibit 1. The email is dated “Mon, J an 28, 2013 at 8:36 AM”, and shows as its subject “Per Complaint of Neil Gillespie”. The email appears to have two parties, Kim Pruett and Robert W. Bauer: kim "[email protected]" The email states in relevant portion: Dear Sirs/Madam, Mr. Neil Gillespie is using my name WITHOUT my permission in a complaint against Robert Bauer, Atty, with the Florida State Bar. Please be advised that I am satisfied with Mr. Bauer's representation of our case and in no way want to be associated with Mr. Gillespie and this complaint. I will also be discussing this matter with MaryAnn Crawford. Thank you, Kim Pruett On information and belief, Kim Pruett-Barry and husband William Barry are presently, or were in the past, clients of attorney Robert W. Bauer, and the Law Office of Robert W. Bauer, in the following legal malpractice lawsuit(s) against Orlando attorney Peter R. McGrath: Kimberly Pruett Barry, et al. v. Peter, R. McGrath, et al. Orange County Case No. 2012-CA-009323-O Uniform Case Number: 482012CA009323A001OX Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 3 Kimberly Pruett Barry, et al. v. Peter R. McGrath, et al. Marion County Case No. 42-2011-CA-000329-AXXX-XX It appears Kim Pruett-Barry and William Barry hired attorney Peter R. McGrath for a homeowner association lawsuit in Marion County, Florida, with Majestic Oaks Homeowners Association: Marion County, Florida, Case Number: 42-2008-SC-005061-AXXX-XX Plaintiff : Majestic Oaks Homeowners Association Attorney: Christopher A. Carlisle Defendant: William Barry Attorney: Robert Peter McGrath Defendant: Kimberely Pruitt (sic) Barry Attorney: Robert Peter McGrath It appears Kim Pruett-Barry later retained Ocala attorney Mark W. Fox to conclude the lawsuit with Majestic Oaks Homeowners Association. Kim Pruett-Barry indicated that she made a complaint to The Florida Bar about Peter R. McGrath which is, or was, being investigated by Francisco Digon-Greer. Unsolicited telephone call of Kim Pruett October 3, 2012 to Neil Gillespie A woman self-identified as “Kim Pruett” telephoned me unsolicited October 3, 2012 and complained about the legal representation of Robert W. Bauer, whom she said represented her in a legal malpractice case against attorney Peter McGrath. The telephone call was recorded and a copy of the recording is enclosed. A transcript of the telephone call has been ordered. I request an extension of time to file a rebuttal to Mr. Bauer’s response until I can review the transcript. I request an extension of 30 days from my receipt of the transcript. This request is separate from my request to toll time during an investigation of witness tampering and obstruction of justice. Upon listening again to Kim Pruett’s 25 minute recorded telephone call of October 3, 2012 1 , several things stand out, even without the aid of a transcript to review. For example: Kim Pruett said “I’m sick, sick to my stomach, made a huge mistake hiring this guy”, that Mr. Bauer took all their savings, and Bauer was “bleeding” them for every dime. Kim Pruett said Mr. Bauer does not know a thing about legal malpractice, for which she hired him in the legal malpractice case against Peter R. McGrath. Kim Pruett said former Bauer client Anna Hodges got money back that she paid Bauer. Ms. Hodges confirmed March 24, 2013 is false, she did get any money back from Bauer. 1 Another call was received from Kim Pruett October 31, 2012 at 11:03 AM Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 4 Kim Pruett said former Bauer client “Ms. Strauss” got all her money back from Robert Bauer. The client was Philip Strauss, not “Ms. Strauss”, and he did not get money back. Kim Pruett called Mr. Bauer a “smart ass”, and said he was disrespectful toward her. Ongoing Email Contact Kim Pruett and Neil Gillespie Selected comments and email (not all email). There are 41 emails by my count, including one received two days ago, March 26, 2013. All the emails appear in a composite, at Exhibit 2. Wednesday, October 03, 2012 9:14 PM Kim Pruitt: I wrote [Mr. Bauer] a real nasty email! I told him he was "milking" us and to get this case moving forward or else! Friday, October 05, 2012 8:11 PM Kim Pruitt: BTW, I "got with" Bauer on yesterday, threatened to find another Atty, etc if he did not help us with out case, now, all of a sudden he has made more ph calls to us in the last 24 hrs than he has made in 2 years! Saturday, October 20, 2012 9:16 AM Kim Pruitt: Hey Neil and Angela, Sorry have not been in touch. FINALLY had to get a new lawyer! We have been begging Bauer since J anuary to get us into Mediation, he says he will and then we never hear from him again. Over 2 weeks ago, I sent him a nasty email and told him he had 10 days to get to something scheduled. I really laid into him! He immediately called my husband and apologized and said he would get right to work on it! We haven't heard from him since! We talked to another Atty last week (Mark Fox) and are switching to him on Monday. Bauer has not done anything with our case since J an., yet somehow, we have racked up a 40K bill!!! We have already paid him about 13K and I REFUSE to give him another dime. J ust thought I would let ya'll know what is going on. Kim Saturday, October 20, 2012 11:56 AM Kim Pruitt: Bauer. He definately fails to "move a case forward", I think he tries to rack up a bill. Kim Tuesday, November 13, 2012 7:58 PM Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 5 Neil Gillespie: Hi Kim, A week or so ago Anna Hodges emailed me and said a woman called her asking about Bauer. The woman also told her I passed away, have you heard about that? That is really strange. How are things going with Bauer? Did you fire him yet? Neil Tuesday, November 13, 2012 8:21 PM Kim Pruitt: OH MY GOSH!! You think Bauer is telling folks that? Wouldn't put it past him. Yep, we fired him, if you are gonna be home tomorrow afternoon, I will call ya and tell ya all about it. Have a 10:00am appt with our new lawyer in the morning. Kim Monday, November 19, 2012 5:02 PM Kim Pruitt: Hey Neil, Still have no heard a PEEP from the FL State Bar on the complaint that I filed on Peter McGrath. Hmmmmmm, sure is taking along time, almost a total of 6 months now, for them to let me know what is going on. Does it usually take this long? kim Monday, November 19, 2012 8:31 PM Neil Gillespie: Hi Kim, Have you heard from the Florida Bar about your complaint against Peter McGrath? Also, I noticed the case docket in Orange County still shows Robert Bauer as your counsel, will Bauer represent you at the mediation hearing December 17th? Neil Tuesday, November 27, 2012 8:05 AM Kim Pruett: No to all of the above. Yea, Mark Fox was gonna be our new Lawyer, BUT, Peters Lawyers fought it because Mark Fox is also a witness and they said he couldn't be both. So we had to look for another lawyer and we did get one who came HIGHLY recommended to us. His name is Paul Linder in Orlando. (sigh) I swear Neil I feel like we are starting over at square one, even though it has been 2 years. If you note on the Orange County Clerk of Court Bauer got approved for the Telephonic Depos in J uly, yet he never scheduled them! These were important Depos, they were the Ins Atty's and would love to testify against Peter. We should have been in Trial by now instead trying to go to Mediation! Kim Tuesday, November 27, 2012 11:57 AM Neil Gillespie: Kim, Why is Mark Fox a witness? Paul Linder is not listed as counsel in Orange County, so officially you are still represented by Robert Bauer in this case. It appears to me, based on my limited understanding of this matter, that Bauer never intended to represent you zealously, but to burn through your cash and drop the matter, like Bauer did in my case. This may show that Bauer is actually protecting McGrath, Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 6 while billing you. This may explain the lack of action by the Florida Bar too. But I need to know more about your case to be certain. Perhaps if I read your complaint to the Bar, that might show what is actually going on. You may be in a situation where you cannot find counsel who will actually represent your interest, but only provide you with "fake representation", designed either to take your money, or for one lawyer to help another lawyer, as they are all on the same team. FYI - you and me, and the public, are not on this team. This is the essence of my petition to the US Supreme Court. You are welcome to provide me with your Bar complaint, and any other documents. Neil Tuesday, November 27, 2012 12:07 AM Neil Gillespie: Hi Kim, Have you heard from the Florida Bar about your complaint against Peter McGrath? Also, I noticed the case docket in Orange County still shows Robert Bauer as your counsel, will Bauer represent you at the mediation hearing December 17th? Neil Tuesday, November 27, 2012 12:59 PM Kim Barry: Mark Fox took over the case from Peter McGrath in 2010 and ended it in 3 weeks, Peter couldn't end it in 3 years. Mark is the one that pointed out to me and Bill that Peter had acted unethically and told us we had one "hell of a Legal Malpractice Suit against Peter". So natually we were using him as a witnes. Paul Linder is taking over our case on Dec. 7th. He flew to Italy for the Holidays, so it probably hasn't hit the Orange County Court yet. Yes, you are 100% correct, he sat there and did practically NOTHING since Feb and yet we got a 23k bill from him!!! I KNOW for a fact that Susan Reynolds did all the work, because she told me what she was doing. I was in communication with her until she left in Mar. We should have been billed a fee from his Paralegal, not from him. Since she left NOTHING has happened except for the Permission from the J udge to do the telephonic depos. Yet he never did them! UUGGH!! I sent him nast email messages telling him to get this stuff done, he made promises and then we would not hear from him again until I wrote another nasty emails, etc, etc! Wednesday, J anuary 16, 2013 3:47 PM Kim Pruett: Lots to tell you, too much in an email, call me when you can! Had to keep dumb butt Bauer, his lawyers would not accept my new lawyer, threatened to take it to the J udge! 352 207-7291 Kim Wednesday, J anuary 16, 2013 5:21 PM Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 7 Neil Gillespie: Dear Kim, Thank you for your email. In a letter dated J anuary 7, 2013 Bar Counsel Annemarie Craft informed me that the Bar was moving forward with my complaint, which is now designated "Robert W. Bauer, The Florida Bar File No. 2013-00,540 (8B)". Since you are still a client of Mr. Bauer, I think it would be better to direct your questions about Mr. Bauer to the Florida Bar directly. Plus I do not have the time, and am not feeling well. You have my sincere sympathy for what you are going through, but it is better to bring your complaints about Mr. Bauer directly to the Florida Bar. Perhaps the Bar’s Lawyer Referral Service (LRS) could provide you substitute counsel. But I got Bauer as a LRS referral, and that did not work out. I am sending copies of my reply to this email to Bar Counsel Annemarie Craft, since she has my complaint, and to Kenneth Marvin, Director of Lawyer Regulation, and Paul Hill, General Counsel for the Florida Bar. Hopefully between them they can fashion a solution to your problem with Robert W. Bauer. I ask each of them, by and through this email, to protect you as a consumer of legal and court services. Kim, I wish you well, and hope those persons at the Florida Bar with the authority and responsibility to protect you will seriously listen to your cry for help about the misconduct of Mr. Bauer. I believe Mr. Marvin in particular has a duty under The Rules Regulating The Florida Bar to act, as well as a case I became aware of last night, Mueller v. The Florida Bar, which holds: "Allegation by disbarred attorney that certain complaints against him were solicited by state bar was mere surplusage in complaint alleging malicious prosecution; state bar is not prohibited from actively seeking complaints against particular members of bar or members of bar in general. Mueller v. The Florida Bar, App. 4 Dist., 390 So.2d 449 (1980)." I also believe the Florida Bar can initiate its own complaint against an attorney under Rule 3-7.3, see section (c), and the attached letter sent to me Aug-03-09 from Mary Ellen Bateman of the Florida Bar, paragraph number 2: "The bar does initiate complaints on occasion and when appropriate". Sometime after all this gets resolved, you, me, and all the other survivors of Mr. Bauer’s misconduct should get together for dinner and reminisce. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, FL 34481 Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 8 Ps. If after this email the Florida Bar does not assist you, let me know and I will forward this matter to the extent possible in any response to my petition for writ of certiorari, which is docketed as Petition No. 12-7747 in the Supreme Court of the United States. Thursday, J anuary 17, 2013 12:23 AM Kim Pruett: I understand! I will keep you informed and KICK BUTT with Bauer! Kim Telephone call to Anna Hodges that Neil Gillespie “passed away” On November 03, 2012 at 8:16 PM I received email from Anna Hodges stating she received a phone call from a woman telling her that I “passed away”, as shown below, and Exhibit 3. Saturday, November 03, 2012 8:16 PM Anna Hodges: Neil, I recieved a phone call from a woman in Ocala, asking me questions about Robert, and if I was going to file a complaint. I asked if she heard of you. She said yes, then told me you had passed away! WOW! I'm confused...Anna Saturday, November 3, 2012 at 9:19 PM Neil Gillespie: Hi Anna, Wow, that is strange. Obviously I am alive, although this protracted litigation has taken a toll. Within the last month I have been in touch with Kimberly Pruett-Barry of Ocala, she is a Bauer client, is that who you spoke with? Last year Angela Woodhull of Gainesville called, and we have kept in touch. And Philip Strauss called too. Who called you? Monday, November 26, 2012 1:54 PM Anna Hodges: A lady from Ocala. I don't know how she got my number. I am happy to know you're alive and well and still on the move! I haven't filled anything yet against Bauer. Lawsuits wear me out and the court system depresses me. I need to recharge my batteries. I just noticed today that you posted a J uly 2011 email I had sent to you. I didn't realize that, have you had any feedback from it? Tuesday, November 27, 2012 11:21 AM Neil Gillespie: Yes Anna, lawsuits wear people out, and makes them depressed. That is part of the problem with the justice system. A couple of people have commented on your email, former clients of Bauer, Angela Woodhull of Gainesville, and Kim Pruett-Barry of Ocala. They agree with you, Bauer is a mess! I still don’t understand the call from a lady in Ocala. I believe Kim Pruett-Barry of Ocala is the only person in Ocala who has contacted me. When did you get the call? How do Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 9 you know the call was from a lady in Ocala? Could it have been a call from someone in Gainesville, perhaps a friend of Bauer’s? Or his wife? Or Beverly E Lowe, Bauer’s former bookkeeper with whom he appears to have a close relationship, and whom Bauer represented in a divorce? Anna Hodges - No Refund From Robert W. Bauer Kim Pruett claimed during her initial telephone call to me October 3, 3012 that former Bauer client Anna Hodges got all her money back that she paid Robert Bauer. Ms. Hodges had retained Mr. Bauer to defend her in a libel lawsuit: Susan Hodges Helvenston v. Anna White Hodges Case No. 38-2010-CA-1423, Eight J udicial Circuit, in and for Levy County Uniform Case Number: 382010CA001423XXXXXX Ms. Hodges contacted me unsolicited by email J uly 8, 2011: "help advise! I hired and fired bauer..nightmare". Ms. Hodges complained to me about Mr. Bauer and later fired him. I believed Ms. Hodges subsequently retained attorney Pierce Kelley to represent her in the libel case. Ms. Hodges and I exchanged a number of emails about Mr. Bauer. My communication was of a supportive nature, which is necessary to overcome the devastation caused by Legal Abuse Syndrome. Lawyers like Mr. Bauer are very harmful to the justice system. Anna Hodges brought her legal problem to Mr. Bauer and placed a great deal of trust and confidence in him to represent her with competence (Rule 4-1.1) and diligence (Rule 4-1.3), but he failed to do so. As you know, a lawyer should not accept representation unless it can be competently and promptly completed. Unfortunately for Ms. Hodges, Mr. Bauer was a disaster and she fired him. This goes to the myth of the attorney-client relationship: The Myth of the Attorney-Client Relationship The old adage is "He who represents himself has a fool for a client." The reality has become "He who is represented is usually taken for a fool." It is long established that the relationship between an attorney and his client is one of the most important, as well as the most sacred, known to the law. The responsibility of an attorney to place his client’s interest ahead of his own in dealings with matters upon which the attorney is employed is at the foundation of our legal system. (Deal v. Migoski, 122 So. 2d 415). It is a fiduciary relationship involving the highest degree of truth and confidence, and an attorney is under a duty, at all times, to represent his client and handle his client’s affairs with the utmost degree of honesty, forthrightness, loyalty, and fidelity. (Gerlach v. Donnelly, 98 So. 2d 493). Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 10 Ms. Hodges notified me by email March 24, 2013 that she did not get a refund from Mr. Bauer, and that she smells a rat. Exhibit 4 Sunday, March 24, 2013 3:15 AM Anna Hodges: Thank you Neil, the search engine issue did clear up! I don't understand who this woman is that is saying things that aren't true! I never told anyone that I got my money back from Robert because I didn't! I wonder why I was told you were dead and you were told my money was refunded- I smell a rat! Attorney Mark W. Fox Ocala, Florida On Saturday, October 20, 2012 at 9:16 AM Kim Pruett wrote in an email (relevant portion): We talked to another Atty last week (Mark Fox) and are switching to him on Monday. In an effort to confirm this, I contacted Mr. Fox by email, and he responded. Exhibit 5 Friday, December 07, 2012 1:39 AM Dear Mr. Fox, A lady by the name of Kim Pruett-Barry contacted me about attorney Robert W Bauer of Gainesville whom she retained in a malpractice action against Peter McGrath. Mr. Bauer represented me at one time. Kim mentioned you planned to assume the litigation in Orange County, Case No. 2012- CA-009323-O, but you are not listed as counsel. Kim said Mr. McGrath’s lawyer objected to your representation over a conflict, and she was getting another lawyer. Some of the above information is contained in a matter I will submit to the Supreme Court of the United States soon. This is a link to my case on the SCOTUS website. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a215.htm Kim sounds like a nice lady, and people call me from time to time, sometimes they don’t always understand everything in their case. So this is just a double-check for the benefit of the SCOTUS. If you can collaborate any of this I would appreciate that. Thank you. Neil Gillespie 8092 SW 115th Loop Ocala, FL 34481 352-854-7807 Friday, December 07, 2012 8:01 AM Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 11 Dear Mr. Gillespie: I am not certain why you contacted me. Do you have any specific questions or concerns? Mark W. Fox, P.A. 1805 S.E. 16th Ave. Suite 902 Ocala, FL 34471 (ph) 352-390-8889 (fax)352-351-9300 [email protected] Friday, December 07, 2012 11:03 AM Mr. Fox: I contacted you to confirm whether the information Kim Pruett-Barry told me about this matter, including your involvement in this matter, is true or false. If the information is false, I will note that in my pleading to the Supreme Court. If the information is true, there is no problem. Neil Gillespie Attorney Paul Linder Orlando, Florida On Tuesday, November 27, 2012 at 12:59 PM Kim Pruett wrote in an email (relevant portion): Paul Linder is taking over our case on Dec. 7th. He flew to Italy for the Holidays, so it probably hasn't hit the Orange County Court yet. In an effort to confirm this, I contacted Mr. Linder by email; no response. Exhibit 6 Friday, December 21, 2012 12:59 PM Dear Mr. Linder A lady by the name of Kimberly Pruett-Barry contacted me about attorney Robert W Bauer of Gainesville whom she retained in a malpractice action against attorney Peter McGrath. Mr. Bauer formerly represented me in another matter. Ms. Pruett-Barry mentioned she planned to retain you to assume the litigation against Mr. McGrath in Orange County, Case No. 2012-CA-009323-O, but as of today you are not listed as counsel on the court's online docket. Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 12 Information about Mr. Bauer and Ms. Pruett-Barry was submitted in a separate volume appendix to my petition no. 12-7747 for writ of certiorari to the Supreme Court of the United States. This is a link to my case on the SCOTUS website. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm Ms. Pruett-Barry sounds like a nice lady, and people call me from time to time, sometimes they don’t always understand everything in their case. So this is just to double-check the facts. If you can collaborate any of this I would appreciate that. Thank you. Sincerely, Neil Gillespie 8092 SW 115th Loop Ocala, FL 34481 Kim Pruett-Barry - Referred to The Florida Bar J anuary 16, 2013 by Neil Gillespie By J anuary 16, 2013 I was concerned that Kim Pruett may be misrepresenting herself, and told her as shown by the email copied “cc” to The Florida Bar to direct her questions about Mr. Bauer to The Florida Bar. The email was copied to Bar Counsel Annemarie Craft, General Counsel Paul Hill, and Kenneth Marvin, Director, Lawyer Regulations. Exhibit 7 It now appears Kim Pruett was in fact misrepresenting herself. Bar Counsel Annemarie Craft is a witness to the misrepresentation of Kim Pruett by way of the email. Therefore I ask that Ms. Craft be removed from the investigation of Mr. Bauer. Email of Kim Pruett-Barry Received March 26, 2013 by Neil Gillespie On March 26, 2013 I received the following unsolicited email from Kim Pruett. Exhibit 8 Monday, March 25, 2013 6:13 PM Neil! I had to back off from your complaint because we had to keep Bauer as our Atty, BUT NO MORE!! I will call Annemarie Craft first thing in the morning! I fired Bauer today without even having another Atty to represent us and yes it has been going on this long. He has failed to follow through on EVERYTHING, yet he has racked up a bill that we will never be able to pay. YOU ARE RIGHT IN EVERYTHING YOU SAY about Bauer following through on Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 13 ANYTHING and then when you ask him why something is not done it is ONE EXCUSE AFTER ANOTHER! I will be filing Arbitration throught the State Bar to get our fees back. I am YOUR witness, USE ME! Sincerely, Kimberly Pruett Public Records Request Ms. Young, please consider this a request for records that mention MaryAnn Crawford. This name appears in the email of Kim Pruett: “I will also be discussing this matter with MaryAnn Crawford.” Is MaryAnn Crawford employed by the Florida Bar? If so, identify her position. Kindly provide records showing if former Bauer client “Ms. Strauss” or Philip Strauss got any money back from Robert Bauer as stated by Kim Pruett during her phone call October 3, 2012. Kindly provide records showing if former Bauer client Anna Hodges got any money back from Mr. Bauer as stated by Kim Pruett during her phone call October 3, 2012. (Ms. Hodges said no) Letter J anuary 10, 2013 to Bar Counsel Ms. Craft - What is Going On? On J anuary 10, 2013 I wrote Bar Counsel Annemarie Craft upon receipt of her letter dated J anuary 7, 2013, but did not get a response. Both letters appear in a composite as Exhibit 9. Dear Ms. Craft: I received but am confused as to your letter dated J anuary 7, 2013 relative to the above captioned complaint. Bar Counsel Mr. Wilhelm dismissed/returned my complaint against Mr. Bauer dated October 31, 2012, designated RFA No. 13-7675, by letter to me dated November 9, 2012. The complaint was then submitted to the Supreme Court of the United States for pendent jurisdiction December 10, 2012 in Petition No. 12-7747 for writ of certiorari. Kindly explain what is going on, since your letter makes no reference to this chain of events, or Petition No. 12-7747. My priority now is Petition No. 12-7747 which is taking all my time. I likely am not able to file a rebuttal in this matter until either the conclusion of Petition No. 12-7747, or a break in the workload. While ACAP central may be adequate to intake this complaint, bias at the local level is another matter, and recognized by the Special Commission on Lawyer Regulation chaired by Henry Cox (“Cox Report). The Cox Report recommended ACAP style screening of all written inquiries and complaints so that all questions concerning the conduct of members of the bar are addressed in a similar fashion. The Gwynne Alice Young March 28, 2013 President, The Florida Bar Page - 14 Commission also recommended a central intake system utilizing ACAP resources in Tallahassee. The reason for central ACAP intake is clear: The Commission knew that some complaints, like my earlier complaint against Mr. Bauer, TFB No. 2011-00,073 (8B), would not be “addressed in a similar fashion” locally where the attorney was favored. The Letter Report issued March 18, 2011 by Mr. Watson in 2011-00,073 (8B) did not copy with Rule 3-7.4(k) because it did not explain why my complaint did not warrant further proceedings. Pursuant to Rule 3–3.4(b), I believe a special grievance committee is needed, located outside the Eight J udicial Circuit which includes Alachua County where Mr. Bauer practices, and outside the jurisdiction of Mr. Watson, and Carl Schwait, the designated reviewer, to avoid bias. Sending this matter to another state in the U.S. Eleventh Circuit may even be required to avoid bias now. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, FL 34481 cc: Robert W. Bauer In addition, Ms. Craft’s letter dated March 14, 2013 and enclosures appear at Exhibit 10. Conclusion Ms. Young, the requested investigation into witness tampering and obstruction of justice may vindicate Ms. Pruett-Barry. In that case it would show Robert W. Bauer is engaged in the worst kind of misconduct possible: Betrayal of his clients with malice aforethought. Mr. Bauer may have discovered the perfect crime: He represents himself to clients as a specialist in attorney malpractice, and once retained, bleeds the client of funds in a “fake representation” that is intended to break the client, and intended to protect the subject attorney. This looks like a pattern of racketeering that is aided and abetted by other attorneys, such as Ryan Christopher Rodems, Eugene P. Castagliuolo, and Catherine Barbara Chapman in my cases. Ms. Young, is The Florida Bar part of this racketeering activity? Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 cc: email service list enclosures: appendix & call on CDs Appendix of Exhibits Letter of March 28, 2013 to Gwynne Alice Young, President, The Florida Bar Request for Investigation, Witness Tampering, Obstruction of J ustice Kimberley Pruett-Barry, and Robert W. Bauer, TFB No. 2013-00,540 (8B) _______________________________________ Exhibit 1 Email of Kim Barry, J anuary 28, 2013 “Exhibit A” to Mr. Bauer’s response Exhibit 2 Composite of 41 emails, Kim Pruett-Barry and Neil Gillespie Exhibit 3 Email of Anna Hodges, November 3, 2012 to Neil Gillespie Exhibit 4 Email of Anna Hodges, March 24, 2013 to Neil Gillespie Exhibit 5 Email December 7, 2012, attorney Mark W. Fox and Neil Gillespie Exhibit 6 Email December 21, 2012 to attorney Paul Linder from Neil Gillespie Exhibit 7 Email J anuary 16, 2013 to Kim Pruett, referral to The Florida Bar by Neil Gillespie Exhibit 8 Email March 26, 2013, Kim Pruett to Neil Gillespie Exhibit 9 Composite, letters of Bar Counsel Ms. Craft and Neil Gillespie, J anuary 2013 Exhibit 10 March 14, 2013 letter of Bar Counsel Ms. Craft and enclosures Title Clearing November 8, 2011 Honorable Rick Scott Office of the Governor The Capitol, PLOS Tallahassee, FL 32399-0001 Re: Ryan Christopher Rodems, Circuit Judge Dear Governor Scott, I am writing with respect to the pending nomination of Ryan Christopher ("Chris") Rodems to serve Florida as a Circuit Judge. Nationwide Title Clearing, Inc. is a real estate finance servicing company. We represent eight of the ten largest residential mortgage lenders in the country, and in that capacity prepare and process millions mortgage-related documents every year. We employ approximately 200 staff at our Palm Harbor facility, and as such represent one of the larger private employers in Pinellas County. We have been in this business for over twenty years, and in the course of that time have had occasion to engage the services of many lawyers. Of all of them, Chris Rodems is one of the very best. Chris started working as legal counsel for this company approximately one year ago. Since then, he has represented our interests in at least fifteen different cases. His contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances, assistance in crafting appropriate responses to local news stories concerning the "credit collapse" of 2008, and assistance to our staff during depositions. His duties have brought him into contact with a number of our staff, and he has without exception worked very well with them. His demeanor has always been professional, and his instincts and presence of mind have infallibly directed the course of our legal matters toward a successful outcome. I have gotten to know Chris quite well during this time. He is a remarkable individual, and I believe him to be ideally qualified to serve our state as a Circuit Judge. Our work together has impressed me to rely on him for both the breadth of his legal knowledge and the clarity of his analytical skills. He seems always able to digest a complex fact situation, identify the intentions motivating the various parties involved and suggest a plan of action that will lead to a winning resolution. I have him yield to the temptation to be distracted by issues tangential to the matter at hand. Instead, he focuses directly on strategies that will lead to solutions. , 1(, 2011 2100 Alt 19 North, Palm Harbor, FL 34683 Tel 800-346-9152 Fax 727-772-1950 www.nwtc.com Govern\J; 't '. '.; ...AfIC;l I have no hesitation in recommending that you appoint Chris to serve Florida as a Circuit Judge. Please feel free to call me if you have any questions about this letter. To: "Neil Gillespie" Cc: "Lesser, Brittany" Sent: Monday, February 10, 2014 11:31 AM Attach: SKMBT_C35314021011370.pdf Subject: RE: request for public records Page 1of 5 2/11/2014 Dear Mr. Gillespie, An additional search of the Executive Office of the Governor’s files has produced the attached two pages responsive to your request. Please let us know if we can be of further assistance to you. Sincerely, Savannah Sams Office of Open Government Executive Office of Governor Rick Scott PL-04 The Capitol Tallahassee, FL 32399 (850) 717-9245 Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records. Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter. @ItsWorkingFL From: Neil Gillespie [mailto:[email protected]] Sent: Thursday, February 06, 2014 7:18 PM To: Lesser, Brittany; General Counsel Cc: Scott Open Government; Governor Rick Scott; Pam Bondi; Adam Putnam; J eff Atwater; Paul F Hill; Mary Ellen Bateman; J ohn Thomas Berry; J ohn F Harkness; Gregory William Coleman; Eugene Keith Pettis; Adria E Quintela; Special Rapporteur Gabriela Knaul; Shuaib Chalklen Special Rapporteur Disability; InfoDesk UN Geneva; Hyacinthe Medenou; Gianni Magazzeni UN Geneva; Eunice Ajambo; Revi Kumar; Css Intern1 Ohchr; C Christopher Anderson, III; Virlindia A Doss; Michelle Wilson; J odi J ones; Gilbert Singer; FL Comm Human Neil Gillespie From: "Neil Gillespie" To: "Scott Open Government" Cc: "Lesser, Brittany" ; "General Counsel" ; "Governor Rick Scott" ; "Pam Bondi" ; "Adam Putnam" ; "J eff Atwater" ; "Paul F Hill" ; "Gregory William Coleman" ; "Eugene Keith Pettis" ; "Special Rapporteur Gabriela Knaul" ; "Shuaib Chalklen Special Rapporteur Disability" ; "Hyacinthe Medenou" ; "Revi Kumar" ; "C Christopher Anderson, III" ; "Virlindia A Doss" ; "Michelle Wilson" ; "Gilbert Singer" Sent: Saturday, February 08, 2014 1:20 PM Attach: J ohn Hillman letter to Gov. Scott November 8, 2011.pdf; 2013, 01-10-13, Leslie J acobs for AG, can't find EPC HR file.pdf Subject: Re: request for public records Page 1of 8 2/11/2014 Bonnie Hazleton Director of Open Government Executive Office of Governor Rick Scott Dear Ms. Hazleton, Thank you Ms. Hazleton, I appreciate your response and explanation. If the record cannot be located, I will note that in my affidavit about the record. The record is a letter dated November 8, 2011 that J ohn Hillman, CEO of Nationwide Title Clearing, Inc. wrote to Gov. Scott in support of Ryan Rodems for judge, claiming Mr. Rodems’ "...contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances..." The Florida Bar denied there are public records showing Rodems prepared and filed complaints and bar grievances for Nationwide Title Clearing, Inc., or that he made any such complaints and bar grievances. So I don’t understand Mr. Hillman’s letter to Gov. Scott, which I got from Carter Andersen of the J NC, see attached. A reasonable person might read Mr. Hillman’s letter at face value, and given The Florida Bar denied it has records of "complaints and bar grievances" by Mr. Rodems or Nationwide Title Clearing, conclude Mr. Rodems is somehow working for The Florida Bar in some kind of confidential position, "including the preparation and filing of complaints and bar grievances..." Also, is not clear why Mr. Hillman made a distinction between "complaints" and "bar grievances". Perhaps Mr. Rodems is part of a grievance committee. Regarding my request for oaths of office, I believe the oaths of office for the Attorney General and two Assistant AGs are kept by the Department of State. I want the oaths to include in a complaint showing certain persons violated their oath of office. Ms. Lesser’s referral, "For the other oaths you will need to contact the Attorney General’s office." is not helpful because the Attorney General is obstructing my efforts. For example, the Attorney General claims it cannot locate the personnel file of Eugene P. Castagliuolo, see the attached letter of Leslie J acobs, Public Records Coordinator. "The Attorney General's office of Human Resources has been unable to locate the personnel file of Mr. Castagliuolo. His name is on an employee spreadsheet kept by the office and he is listed as being an employee of the Attorney General's Tampa Economic Crimes division from September 19, 1995 through October 3, 1996. This is the only information we are able to locate at this time. Should you have any questions or concerns, please do not hesitate to contact our office at 850-245-0140." I retained Mr. Castagliuolo briefly in 2011 and it was a disaster. I believe his personnel file shows why he is no longer employed by the Attorney General. In 2011 Castagliuolo spoke about his career with the Attorney General as it were recent and long-term. But the response of Ms. J acobs shows he left his job with the AG in 1996 after a year, which is fifteen years prior to 2011. For an insight into Mr. Castagliuolo, one should read his email threats to Bar Counsel Leonard Clark made in 2013, which Mr. Clark provided me as a public record. http://www.documento.com/doc/183943919/Castagliuolo-emails-with-Bar-Counsel Mr. Castagliuolo was upset that The Florida Bar did not dismiss my meritorious complaint against him quickly enough. The Bar told Castagliuolo beforehand it planned to dismiss the complaint, but patience is not Mr. Castagliuolo's strong suit: From: To: "Leonard E Clark" Cc: [email protected], "Ryan Rodems" Date: 02/12/2013 12:25 PM Subject: RE: GILLESPIE "No way no how Mr. Clark. You called me PRECISELY BECAUSE you had just spoken to the local chair. This case was and is VERY important to me, it is the one case I have to think about, not the hundreds or perhaps thousands that you have to think about. So my memory of these events is flawless and perfect and I KNOW what you said to me. And so does Mr. Rodems, because we spoke by phone after your news, we were both happy that justice had finally been served. No, try this on somebody else, Mr. Clark, it's not going to work with me. Eugene P. Castagliuolo, Esquire" From: To: "Leonard E Clark" Cc: [email protected], "Ryan Rodems" , "Michael Laurato" , [email protected] Date: 02/12/201311:13AM Subject: RE: GILLESPIE "Mr. Clark, I cannot remember when (if ever) in my career that I've been so deceived and outright lied to by an attorney in a position such as yours. I am seriously considering filing an ethics violation against YOU myself, but I want to calm down and consider this situation rationally before I do. No, Mr. Clark, you most certainly did NOT tell me that, following the chair's "recommendation," that you would yourself have to make yet another "recommendation." What you explicitly told me was that both you and the chair were in complete agreement that not a scintilla of evidence existed in support of Page 2of 8 2/11/2014 this creep's complaint(s), not only against me, but against the other attorneys as well. No, Mr. Clark, you most certainly did NOT tell me that, following the chair's "recommendation," that you would yourself have to make yet another "recommendation." What you explicitly told me was that both you and the chair were in complete agreement that not a scintilla of evidence existed in support of this creep's complaint(s), not only against me, but against the other attorneys as well. You made it quite clear that this matter was done and over with. There was no indecision on your part, other than that you planned to wait until Gillespie's ridiculous Florida Supreme Court pleading deadline had passed (on or about December 10, 2012) before you would send out the letter advising me of your decision, and advising him that, once again, he was a loser. As you well know, Mr. Clark, the REAL problem with this matter is that The Florida Bar shivers and quakes whenever Gillespie opens his mouth or begins to type. Gillespie certainly has received far more consideration from your Office than I, a Florida Bar member, has enjoyed. By seeking to avoid Gillespie's venom, you have thrown me and several other Florida Bar members under the bus. That you and your colleagues do not protect Florida Bar members who have been savaged by garbage like Gillespie is sad. I assure you that this is not the end of this Mr. Clark. EPC Eugene P. Castagliuolo, Esquire" In other emails Castagliuolo threatened and insulted me, and attempted to enlist Mr. Rodems and Mr. Laurato in his offensive conduct toward me, which they declined. Ms. Hazleton, can you locate Mr. Castagliuolo’s employment file with the state of Florida? Or the oaths of office for the Attorney General et al? Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Phone: 352-854-7807 Email: [email protected] ----- Original Message ----- From: Scott Open Government To: Neil Gillespie Cc: Lesser, Brittany ; General Counsel ; Governor Rick Scott ; Pam Bondi ; Adam Putnam ; J eff Atwater ; Paul F Hill ; Gregory William Coleman ; Eugene Keith Pettis ; Special Rapporteur Gabriela Knaul ; Shuaib Chalklen Special Rapporteur Disability ; Hyacinthe Medenou ; Revi Kumar ; C Christopher Anderson, III ; Virlindia A Doss ; Michelle Wilson ; Gilbert Singer Sent: Friday, February 07, 2014 2:55 PM Subject: RE: request for public records Dear Mr. Gillespie: Page 3of 8 2/11/2014 I apologize that you have not yet received the record you are seeking. I can assure you that the neither Ms. Lesser or the Office of Open Government is not concealing the record or intentionally withholding it from you. When my staff initiated a search for the record, the search results indicated that the record had been archived. Generally, when a record is archived this means that a record has been sent to the Department of State (DOS) because it is a certain number of years old and eligible for the DOS process of cataloging and placing in the records archive until such time as it exceeds its retention period. However, there are times when agencies may send records which are not needed for day to day activities, to the DOS in order to “free up” filing space. In these instances, the records are stored until they are eligible for archive. In this case, the custodian agency is responsible for requesting the record from storage in order to provide to the requestor. My staff did not realize that the record you are seeking was in fact, being stored. Ms. Lesser has assisted us in locating the record which we have requested from storage. As soon as the record is received from storage, we will forward it to you electronically. Again, my apologies for the confusion and the delay in processing your request. Sincerely, Bonnie Hazleton Director of Open Government Executive Office of Governor Rick Scott PL-04 The Capitol Tallahassee, FL 32399 850-717-9248 Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records. Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter. @ItsWorkingFL From: Neil Gillespie [mailto:[email protected]] Sent: Thursday, February 06, 2014 7:18 PM To: Lesser, Brittany; General Counsel Cc: Scott Open Government; Governor Rick Scott; Pam Bondi; Adam Putnam; J eff Atwater; Paul F Hill; Mary Ellen Bateman; J ohn Thomas Berry; J ohn F Harkness; Gregory William Coleman; Eugene Keith Pettis; Adria E Quintela; Special Rapporteur Gabriela Knaul; Shuaib Chalklen Special Rapporteur Disability; InfoDesk UN Geneva; Hyacinthe Medenou; Gianni Magazzeni UN Geneva; Eunice Ajambo; Revi Kumar; Css Intern1 Ohchr; C Christopher Anderson, III; Virlindia A Doss; Michelle Wilson; J odi J ones; Gilbert Singer; FL Comm Human Relations; Neil Gillespie Subject: Re: request for public records Page 4of 8 2/11/2014 Brittany Lesser Communications Director Florida Department of State Ms. Lesser, RE: "For the other oaths you will need to contact the Attorney General’s office." No Ms. Lesser, your office has the records. Provide the requested records immediatley. And the fact that you/DOS and/or Office of Open Government are concealing the letter of J ohn Hillman, CEO of Nationwide Title Clearing as received by Gov. Scott, tells me that is likely an important document. Provide the requested records immediately. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Phone: 352-854-7807 Email: [email protected] ----- Original Message ----- From: Lesser, Brittany To: Neil Gillespie ; General Counsel Cc: Scott Open Government Sent: Thursday, February 06, 2014 2:43 PM Subject: RE: request for public records Mr. Gillespie, We are in the process of locating the letter. For the other oaths you will need to contact the Attorney General’s office. Thank you, Brittany Lesser Communications Director Florida Department of State 500 South Bronough Street Tallahassee, FL 32399 ℡ 850.245.6522 850.245.6125 [email protected] dos.state.fl.us / vivaflorida.org From: Neil Gillespie [mailto:[email protected]] Sent: Wednesday, J anuary 29, 2014 5:55 PM To: Lesser, Brittany; General Counsel Cc: Scott Open Government Subject: Re: request for public records Ms. Lesser, Page 5of 8 2/11/2014 I appreciate the oaths of the justices you provided. However you did not provide the Oath of Office for the Attorney General of Florida, and AAGs, Pamela Bondi Attorney General of Florida Diana R. Esposito, Chief-Assistant Attorney General, Tampa Kenneth V. Wilson, Florida Assistant Attorney General The Office of Open Government said the signed letter of J ohn Hillman, CEO of Nationwide Title Clearing as received by Gov. Scott was sent to the Department of State. Is that a factualstatement? If that statement is not factual, please advise me immediately. You may provide the records in PDF by email. I do not need paper copies mailed. Thank you in advance for the courtesy of a response. Time is of the essence. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 ----- Original Message ----- From: Lesser, Brittany To: Neil Gillespie ; General Counsel Cc: Scott Open Government Sent: Friday, J anuary 24, 2014 5:33 PM Subject: RE: request for public records Mr. Gillespie, We are looking through our archives to see if we have the letter you requested and I’ll be in touch about that. Attached are the oaths you requested. Thank you, Brittany Lesser Communications Director Florida Department of State 500 South Bronough Street Tallahassee, FL 32399 ℡ 850.245.6522 850.245.6125 [email protected] dos.state.fl.us / vivaflorida.org From: Neil Gillespie [mailto:[email protected]] Sent: Thursday, J anuary 23, 2014 2:09 PM To: Lesser, Brittany; General Counsel Cc: Scott Open Government; Neil Gillespie Subject: Fw: request for public records Page 6of 8 2/11/2014 Dear Ms. Lesser and Mr. Atkinson, when can I expect a response or acknowledgment to my records request, forwarded below? Thank you in advance for the courtesy of a response. Neil Gillespie ----- Original Message ----- From: Neil Gillespie To: Brittany Lesser Cc: [email protected] ; Neil Gillespie Sent: Wednesday, J anuary 22, 2014 2:20 PM Subject: request for public records Brittany Lesser, Communications Director Florida Department of State Dear Ms. Lesser, The Office of Open Government referred me to you. This is a request for public records. The attached unsigned letter of Nov-08-2011 shows J ohn Hillman, CEO of Nationwide Title Clearing, Inc. wrote to Gov. Scott in support of Mr. Rodems for judge. Carter Andersen of the J NC provided the unsigned letter to me. This is a request for the signed letter as received by Gov. Scott. The Office of Open Government said the letter was sent to the Department of State. Also, perhaps in error, I made the following records request to J . Andrew Atkinson, General Counsel, Florida Department of State, This is a request for records, the Oath of Office for the Chief J ustice, and each J ustice of the Florida Supreme Court. Chief J ustice Ricky Polston J ustice Barbara J . Pariente J ustice R. Fred Lewis J ustice Peggy A. Quince J ustice J orge Labarga J ustice J ames E.C. Perry J ustice Charles Canady This is a request for records, the Oath of Office for the Attorney General of Florida, and AAGs Pamela Bondi Attorney General of Florida Diana R. Esposito, Chief-Assistant Attorney General, Tampa Kenneth V. Wilson, Florida Assistant Attorney General You may provide the records in PDF by email. I do not need paper copies mailed. Thank you in advance for the courtesy of a response. Page 7of 8 2/11/2014 Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 @ItsWorkingFL The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. This email is free from viruses and malware because avast! Antivirus protection is active. This email is free from viruses and malware because avast! Antivirus protection is active. Page 8of 8 2/11/2014 November 8, 2011 Honorable Rick Scott Office of the Governor The Capitol, PL05 Tallahassee, FL 32399-0001 Re: Ryan Christopher Rodems, Circuit Judge Dear Governor Scott, I am writing with respect to the pending nomination of Ryan Christopher (“Chris”) Rodems to serve Florida as a Circuit Judge. Nationwide Title Clearing, Inc. is a real estate finance servicing company. We represent eight of the ten largest residential mortgage lenders in the country, and in that capacity prepare and process millions mortgage-related documents every year. We employ approximately 200 staff at our Palm Harbor facility, and as such represent one of the larger private employers in Pinellas County. We have been in this business for over twenty years, and in the course of that time have had occasion to engage the services of many lawyers. Of all of them, Chris Rodems is one of the very best. Chris started working as legal counsel for this company approximately one year ago. Since then, he has represented our interests in at least fifteen different cases. His contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances, assistance in crafting appropriate responses to local news stories concerning the “credit collapse” of 2008, and assistance to our staff during depositions. His duties have brought him into contact with a number of our staff, and he has without exception worked very well with them. His demeanor has always been professional, and his instincts and presence of mind have infallibly directed the course of our legal matters toward a successful outcome. I have gotten to know Chris quite well during this time. He is a remarkable individual, and I believe him to be ideally qualified to serve our state as a Circuit Judge. Our work together has impressed me to rely on him for both the breadth of his legal knowledge and the clarity of his analytical skills. He seems always able to digest a complex fact situation, identify the intentions motivating the various parties involved and suggest a plan of action that will lead to a winning resolution. I have never seen him yield to the temptation to be distracted by issues tangential to the matter at hand. Instead, he focuses directly on strategies that will lead to solutions. I have no hesitation in recommending that you appoint Chris to serve Florida as a Circuit Judge. Please feel free to call me if you have any questions about this letter. Sincerely, John Hillman, CEO Nationwide Title Clearing, Inc. PAM BONDI ATTORNEY GENERAL STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL Executive Staff PL-O 1 The Capitol Tallahassee, FL 32399-1050 Phone (850) 414-3990 Fax (850) 487-2564 http://www.myjloridalegal.com January 10,2013 Mr. Neil J. Gillespie 8092 SW 115 th Loop Ocala, FL 34481 Dear Mr. Gillespie: This will respond to your December 26 letter in which, pursuant to Ch. 119, F.S., you make the following request for public records: "the personnel file of Eugene P. Castagliuolo." The Attorney General's office of Human Resources has been unable to locate the personnel file of Mr. Castagliuolo. His name is on an employee spreadsheet kept by the office and he is listed as being an employee of the Attorney General's Tampa Economic Crimes division from September 19, 1995 through October 3, 1996. This is the only information we are able to locate at this time. Should you have any questions or concerns, please do not hesitate to contact our office at 850-245-0140. Sincerely, ~ ~ Leslie Jacobs Public Records Coordinator .. "7 .... '.,..... ,... ,,", .'. ; ·r r.. ·.111· I."I. II I I II t 1 111 I ....., TT "T . "... .. '" • ' __ I. 's·.,· ;*1 r" ~ S'I" •• 1 .- ... J ... _ _.. ~ .. , Office of the Attorney General ~ 016H26525733 PL01, The Capitol ~ '- $0045 Tallahassee, FL 32399-1050 '* ._ 0 fa 01/10i2013 :J: Mailed From 32399 US POSTAGE Mr. Neil J. Gillespie 8092 SW 11S th Loop Ocala, FL 34481 3Cj.481 :±::':i5E:7 Ri:;E:7 i I .Ii"i .. i I ill Ii "i utili 1111 II i,i II 11 IIi J 11 It. i. II I i I Ii" i.' VIA United Parcel Service (U.P.S.) August 12, 2013 J ohn F. Harkness, Executive Director J ohn T. Berry, Legal Director The Florida Bar The Florida Bar 651 East J efferson Street 651 East J efferson Street Tallahassee, FL 32399-2300 Tallahassee, FL 32399-2300 Email to: [email protected] Email to: [email protected] VIA U.P.S. No. 1Z64589FP295705073 VIA U.P.S. No. 1Z64589FP298841081 RE: Records Request and Information Request Gentlemen: Mr. Berry, as Legal Director, what is the status of my request for an investigation made March 28, 2013 to then-President Gwynne Young: RE: Request for Investigation, Witness Tampering, Obstruction of J ustice Kimberley Pruett-Barry, and Robert W. Bauer, TFB No. 2013-00,540 (8B) Mr. Harkness, as officer of The Florida Bar (Rule 1-5.1), the Executive Director, with duties prescribed in Chapter 2 (Rule 1-5.2 Duties), you need to be informed on this matter. This records request is directed to Mr. Harkness as the Records Custodian [Rule 2.420(b)(3), Fla. R. J ud. Admin.] for The Florida Bar. 1. Records for William Barry and/or Kimberly Pruett-Barry (and any variation of her name) and an arbitration offer or settlement offer from or through The Florida Bar for $127,000, or any other amount. Enclosed Kim Pruett’s email sent me Tuesday, May 21, 2013 4:33 PM stating: “The bar would have given me 127K in Arbitration TWO years ago!” “Mediation was a joke! They only offered us 75K, Bauer wanted his 40K out of that, keep in mind I could have 127k In Arbitration through the Bar over a year ago!” 2. Records for Florida Bar complaints made by Ryan Christopher Rodems on behalf of Nationwide Title Clearing, Inc. Enclosed is an unsigned draft letter of J ohn Hillman, CEO, addressed to Gov. Rick Scott “Re: Ryan Christopher Rodems, Circuit J udge”. The letter was provided to me last year by J effrey Carter Anderson, Chair, Thirteenth Circuit J NC. This sentence shows the records requested, underline added: His contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances, assistance in crafting appropriate responses to local news stories concerning the “credit collapse” of 2008, and assistance to our staff during depositions. 3. Records for William Barry and/or Kimberly Pruett-Barry (and any variation of her name) and any complaint(s) against attorney Peter R. McGrath. J ohn F. Harkness, Executive Director, The Florida Bar August 12, 2013 J ohn T. Berry, Legal Director, The Florida Bar Page - 2 4. Records for William Barry and/or Kimberly Pruett (and any variation of her name) and any complaint(s) against attorney Robert W. Bauer. Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Enclosures Originals to J ohn F. Harkness, Executive Director, and J ohn T. Berry, Legal Director, each signed in wet ink Cc: Florida Bar email service list Neil Gillespie From: "kim" To: "Neil Gillespie" Sent: Tuesday, May 21, 2013 4:33 PM Subject: Re: Bauer You have NO IDEA! He lied to us at every turn, charged us MEGA BUCKS for conversations he NEVER had, racked up a 40K +bill, but never asked for the Ins Policy from the Defendant, come to find out the defendants Ins Policy had a Limit of Liability of only 200K. The bar would have given me 127K in Arbitration TWO years ago! He charged us THOUSANDS of dollars for "scheduling depos" that were CRUCIAL to our case. Yet, I kept wondering why they were never happening. Come to find out, HE NEVER EVEN SPOKE TO the OTHER SIDE about scheduling these depos!!!! HE LIED! He NEVER followed through on ANYTHING, and I mean NOTHING! We have already paid him 15K and then he refused to do anything else with our case until we paid him the balance of the 40K! This was after mediation. Mediation was a joke! They only offered us 75K, Bauer wanted his 40K out of that, keep in mind I could have 127k In Arbitration through the Bar over a year ago! We begged Bauer to do the Depos AFTER the mediation to show we mean't business, he REFUSED until we paid him. This is unethical. Oh the list goes on and on............ When I talked to Ms. Craft today she BEGGED me to file the complaint. Kim November 8, 2011 Honorable Rick Scott Office of the Governor The Capitol, PL05 Tallahassee, FL 32399-0001 Re: Ryan Christopher Rodems, Circuit Judge Dear Governor Scott, I am writing with respect to the pending nomination of Ryan Christopher (“Chris”) Rodems to serve Florida as a Circuit Judge. Nationwide Title Clearing, Inc. is a real estate finance servicing company. We represent eight of the ten largest residential mortgage lenders in the country, and in that capacity prepare and process millions mortgage-related documents every year. We employ approximately 200 staff at our Palm Harbor facility, and as such represent one of the larger private employers in Pinellas County. We have been in this business for over twenty years, and in the course of that time have had occasion to engage the services of many lawyers. Of all of them, Chris Rodems is one of the very best. Chris started working as legal counsel for this company approximately one year ago. Since then, he has represented our interests in at least fifteen different cases. His contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances, assistance in crafting appropriate responses to local news stories concerning the “credit collapse” of 2008, and assistance to our staff during depositions. His duties have brought him into contact with a number of our staff, and he has without exception worked very well with them. His demeanor has always been professional, and his instincts and presence of mind have infallibly directed the course of our legal matters toward a successful outcome. I have gotten to know Chris quite well during this time. He is a remarkable individual, and I believe him to be ideally qualified to serve our state as a Circuit Judge. Our work together has impressed me to rely on him for both the breadth of his legal knowledge and the clarity of his analytical skills. He seems always able to digest a complex fact situation, identify the intentions motivating the various parties involved and suggest a plan of action that will lead to a winning resolution. I have never seen him yield to the temptation to be distracted by issues tangential to the matter at hand. Instead, he focuses directly on strategies that will lead to solutions. I have no hesitation in recommending that you appoint Chris to serve Florida as a Circuit Judge. Please feel free to call me if you have any questions about this letter. Sincerely, John Hillman, CEO Nationwide Title Clearing, Inc. Neil Gillespie From: "J enny J olinski" To: "Neil Gillespie" Sent: Wednesday, August 28, 2013 11:28 AM Subject: Re: Public Record Request - 2013/08/12 - Gillespie Page 1of 3 10/15/2013 Dear Mr. Gillespie, I received various copies of your August 12, 2013 letter from those you copied. My responsibility is to respond to public record requests per Rule 2.420, Florida Rules of Judicial Administration and applicable law.. Your letter contained various public record request to which I responded. You requested records for William Barry and/or Kimberly Pruett-Barry, and I provided the response to your record request. 1. "Records for William Barry and/or Kimberly Pruett-Barry (and any variation of her name) and an arbitration offer or settlement offer from or through The Florida Bar for $127,000, or any other amount." According to our Lawyer Regulation Department, there are no public records that comply with your request. As for your second statement: For request 2, the response is calls into question the veracity of J ohn Hillman, CEO of Nationwide Title Clearing, Inc. who claimed in a draft letter to Gov. Scott that Mr. Rodems’ "...contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances..." Perhaps the records show Nationwide Title Clearing, Inc. as the complaint. I also know Mr. Rodems is a complainant in a UPL complaint against me dated May 1, 2013, Case No. 20133090 (5). Can you follow-up on this request? The Lawyer Regulation Department found no records of Mr. Rodems as a complainant other than the UPL complaint he has filed against you. I did not mention the UPL complaint in that it was not filed on behalf of Nationwide Title Clearing, Inc. which was your request. There were no records from Mr. Hillman or Nationwide Title Clearing, Inc. What would you like me to follow up? The UPL complaint is an open complaint and consequently, you need to request documents from the Bar counsel handling the complaint. If the follow-up is regarding Mr. Rodems and Nationwide, there are no records. Regards, Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 [email protected] Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. From: "Neil Gillespie" To: "Jenny Jolinski" Date: 08/20/2013 02:40 AM Subject: Re: Public Record Request - 2013/08/12 J enny R. J olinski, CRM CDIA+ Records Manager, The Florida Bar Dear Ms. J olinski, Thank you. The first item is a request for an information update directed to Mr. Berry. Is your response made on behalf of Mr. Berry to that question? For request 2, the response is calls into question the veracity of J ohn Hillman, CEO of Nationwide Title Clearing, Inc. who claimed in a draft letter to Gov. Scott that Mr. Rodems’ "...contributions have included a wide variety of activities, including the preparation and filing of complaints and bar grievances..." Perhaps the records show Nationwide Title Clearing, Inc. as the complaint. I also know Mr. Rodems is a complainant in a UPL complaint against me dated May 1, 2013, Case No. 20133090 (5). Can you follow-up on this request? Thank you. Neil Gillespie ----- Original Message ----- From: J enny J olinski To: Neil Gillespie Sent: Monday, August 19, 2013 10:54 AM Subject: Public Record Request - 2013/08/12 Dear Mr. Gillespie, I am responding to your public record request dated August 8, 2013 per Rule 2.420, Florida Rules of Judicial Administration and applicable law. Please send correspondence related to this request to my attention. Your request regarding "Request for Investigation, Witness Tampering, Obstruction of Justice, Kmiberley Pruett-Barry, and Robert W. Bauer, TFB No. 2013-00,540(*B)" is not a public record request. Page 2of 3 10/15/2013 Your public record requests: 1. "Records for William Barry and/or Kimberly Pruett-Barry (and any variation of her name) and an arbitration offer or settlement offer from or through The Florida Bar for $127,000, or any other amount." According to our Lawyer Regulation Department, there are no public records that comply with your request. 2. "Records for Florida Bar complaints made by Ryan Christopher Rodems on behalf of Nationwide Title Clearing, Inc." According to our Lawyer Regulation Department, there are no public records in which Mr. Rodems is listed as a complainant. 3. "Records for William Barry and/or Kimberly Pruett-Barry (and any variation of her name) and any complaint(s) against attorney Peter R. McGrath." According to our Lawyer Regulation Department, there are no public records regarding this request. 4. "Records for William Barry and/or Kimberly Pruett (and any variation of her name) and any complaint(s) against attorney Robert W. Bauer." According to our Lawyer Regulation Department, there was an inquiry from Ms.. Pruett,. RFA13-12396, that was closed on May 21, 2013. No complaint was filed consequently, there are no public records. Per Rule 3-7-1(a)(1) "Disciplinary matters pending at the initial investigatory and grievance committee levels shall be treated as confidential by The Florida Bar...." Regards, Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 [email protected] Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. Page 3of 3 10/15/2013 Neil Gillespie From: "J enny J olinski" To: "Neil Gillespie" Sent: Tuesday, April 29, 2014 11:39 AM Subject: Re: Public Record Request - CCOL-9HBP3M (Gillespie) - 2014-03-18 Page 1of 5 6/5/2014 Mr. Gillespie, I am responding to your public record request dated April 15, 2014, per Rule 2.420, Florida Rules of Judicial Administration and applicable law. Your Request: This is a request for the record of RFA No. -3-18867 As I responded in my April 15, 2014 email, per our Lawyer Regulation Department, the RFA does not exist. The bar disposes of files that are closed by bar counsel or grievance committee without a finding of probably cause, one year after the files were closed. Regards, Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 [email protected] Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. From: "Neil Gillespie" To: "Jenny Jolinski" Cc: "John F Harkness" , "John Thomas Berry" , "Adria E Quintela" , "Eugene Keith Pettis" , "Gregory William Coleman" , "Paul F Hill" , "Neil Gillespie" Date: 04/15/2014 11:00 AM Subject: Re: Public Record Request - CCOL-9HBP3M (Gillespie) - 2014-03-18 J enny R. J olinski, CRM CDIA+ Records Manager, The Florida Bar Ms. J olinski, Your response on behalf of Ms. Schuyler is not accurate and not correct. For example, I know The Florida Bar maintains information on every complaint or request for assistance (RFA). On or about J une 12, 2003 I made a telephonic RFA No. 03-18867 for William J . Cook. I know The Florida Bar maintains a record of RFA No. 03-18867 because many years later The Bar confirmed to me that I made RFA No. 03-18867. This is a request for the record of RFA No. 03-18867. Rule 2.420(b)(1)(B) and 2.420(b)(2) and (3), Fla. R. J ud. Admin., Public Access to J udicial Branch Records, (in part) (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: (B) --administrative records, which are all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity. (2) --J udicial branch means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the J udicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice. (3) --Custodian. The custodian of all administrative records of any court is the chief justice or chief judge of that court, except that each judge is the custodian of all records that are solely within the possession and control of thatjudge. As to all other records, the custodian is the official charged with the responsibility of maintaining the office having the care, keeping, and supervision of such records. All references to –custodian mean the custodian or the custodian’s designee. Please take notice that I am not interested in the second-hand hearsay opinion of Shanell Schuyler. My experience with Ms. Schuyler shows she is a complete and utter liar. Mr. J ohn F. Harkness is Records Custodian for The Florida Bar. Rule 2.420(b)(3), Fla. R. J ud. Admin. Ms. Schuyler is not the Records Custodian for The Florida Bar. Once I get your response to my request for the record of RFA No. 03-18867, I will make a follow-up request to Mr. Harkness, cc to J ohn T. Berry, Director, Legal Division, Adria Quintela, Director, Lawyer Regulation, The Federal Bureau of Investigation, The Department of J ustice, and the United Nations. Ms. J olinski, your response today is reminiscent of your response October 15, 2013 10:52 AM to my request for "...records showing the identity of a respondent to the Bar survey in the Hawkins Report.", where you wrote, "According to our Research, Planning & Evaluation Department we have no records responsive to your request." However you finally provided the record October 24, 2013 1:24 PM, which record I submitted February 7, 2014 as evidence in my petition for rehearing an order denying Petition No. 13-7280 to the Supreme Court of the United States. The attached the nine page composite shows it took 78 days for The Bar to produce the record, requested August 7, 2013 to Mr. Harkness, and ultimatley provided by you October Page 2of 5 6/5/2014 24, 2014, notwithstanding your denial October 15, 2013 that the record existed. Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala Florida 34481 Phone: 352-854-7807 Email; [email protected] ----- Original Message ----- From: J enny J olinski To: Neil Gillespie Sent: Tuesday, April 15, 2014 9:40 AM Subject: Re: Public Record Request - CCOL-9HBP3M (Gillespie) - 2014-03-18 Dear Mr. Gillespie, I am responding to the follow-up question (April 8, 2014) to your public record request dated March 18, 2014, per Rule 2.420, Florida Rules of Judicial Administration and applicable law. Please send correspondence related to this request to my attention. According to Ms. Shanell M. Schuyler, Director, ACAP/Intake, the Bar does not keep any "...type of permanent record, notation or ledger of all complaints and requests for assistance". The only permanent record we retain is where a file results in discipline. There are no records responsive to your request. Regards, Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 [email protected] Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. From: "Neil Gillespie" To: "Jenny Jolinski" , "John F Harkness" Cc: "Neil Gillespie" Date: 04/08/2014 09:44 AM Subject: Re: Public Record Request - CCOL-9HBP3M (Gillespie) - 2014-03-18 Page 3of 5 6/5/2014 J enny R. J olinski, CRM CDIA+ Records Manager, The Florida Bar Dear Ms. J olinski, Thank you for your response. This is a follow-up question to this part of your response, "Please note, however, that the letter you reference was send by Mr. Hillman, CEO, Nationwide Title Clearing, Inc, on November 8, 2011. Any closed complaints that were filed in or prior to 2011 that resulted in no probable cause have been disposed of pursuant to our records retention schedule . The bar disposes of files that are closed by bar counsel or grievance committee without a finding of probable cause one year after the date the files were closed. The only information about disciplinary history not available to the public are files now pending at the initial staff or grievance committee levels of investigation." While The Bar may dispose of files "that are closed by bar counsel or grievance committee without a finding of probable cause one year after the date the files were closed", I believe The Bar keeps some type of permanent record, notation or ledger of all complaints and requests for assistance. What is that process or procedure called? Your email does not respond to that contingency relative to my records request. Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala Florida 34481 Phone: 352-854-7807 Email; [email protected] ----- Original Message ----- From: J enny J olinski To: Neil Gellespie Sent: Monday, March 24, 2014 9:34 AM Subject: Public Record Request - CCOL-9HBP3M (Gillespie) - 2014-03-18 Dear Mr. Gillespie, I am responding to your public record request dated March 18, 2014 per Rule 2.420, Florida Rules of Judicial Administration and applicable law. Please send correspondence related to this request to my attention. Page 4of 5 6/5/2014 Your Request: This is a final request - a safe harbor courtesy - for public records showing Mr. Rodems prepared and filed complaints and bar grievances for Nationwide Title Clearing, Inc. The bar can only search for named complainants. It would have no way of knowing who prepared the complaint - only who signed the complaint as the complainant. The database housing Lawyer Regulation complaints and Unlicensed Practice of Law complaints was search for any complaints listing either Mr. Rodems or Nationwide Title Clearing as a complainant. There are no Lawyer Regulation complaints in the database with Nationwide Title or Mr. Rodems as the named complainant. There was on Unlicensed Practice of law complaint with Mr. Rodem as the named complainant. That complaint was brought naming you as the respondent and you are aware of that matter. Please note, however, that the letter you reference was send by Mr. Hillman, CEO, Nationwide Title Clearing, Inc, on November 8, 2011. Any closed complaints that were filed in or prior to 2011 that resulted in no probable cause have been disposed of pursuant to our records retention schedule . The bar disposes of files that are closed by bar counsel or grievance committee without a finding of probable cause one year after the date the files were closed. The only information about disciplinary history not available to the public are files now pending at the initial staff or grievance committee levels of investigation. Regards, Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 [email protected] Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 [email protected] Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. [attachment "Florida Bar Discipline System Survey - Response 9p and 78 days.pdf" deleted by J enny J olinski/The Florida Bar] Page 5of 5 6/5/2014 VIA UPS No. 1Z64589FP294315915 May 27, 2014 Email to: [email protected] Thomas A. David, General Counsel Office of the State Courts Administrator Supreme Court Building 500 South Duval Street Tallahassee, FL 32399 Dear Mr. David: This is a public records request, made pursuant to Rule 2.420, Public Access to J udicial Branch Records, Fla. R. J ud. Admin; Chapter 119, Public Records, Florida Statutes; any law, rule, statute, regulation, case holding, or other authority described or found in the Reporter’s Handbook of The Florida Bar, Authored by the Media & Communications Law Committee. https://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/Form+List?OpenForm 1. Records showing authority for the Chief J ustice, one or more J ustices, or the entire Supreme Court of Florida, to intervene in a disability accommodation matter in the state. Specifically I am referring to a story reported March 1, 2014 in Florida Bar News “Court urges all bars to get right with the ADA”, By J an Pudlow. A PDF is attached, and the story is found online at the link. http://www.floridabar.org/DIVCOM/J N/jnnews01.nsf/8c9f13012b96736985256aa900624829/06 61ffcdbeb0dffc85257c890046538a!OpenDocument Stephanie Woodward, a wheelchair-assisted young lawyer, was unable to attend a local bar function in a basement wine cellar without an elevator. Woodward is quoted in the story, “...Access is not a convenience when it works best for them. Access is my civil right.” Chief J ustice Ricky Polston agrees. When Woodward’s excluding experience came to his attention, the entire court gathered for conference, resulting in strongly worded letters Polston sent on February 3 to voluntary bars and leaders at The Florida Bar. “Benign neglect, oversight, or indifference which produces this type of discrimination is simply not acceptable and will not be tolerated,” Polston wrote.” “This event has demonstrated that we must do more to prevent similar discrimination in the future, and we shall take corrective steps to address the damage this type of discrimination inflicts.” After approval by the entire Florida Supreme Court, Polston directed The Florida Bar to “develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.” Thomas A. David, General Counsel May 26, 2014 Office of the State Courts Administrator Page - 2 Similarly, the court requested that voluntary bar associations “immediately develop and implement protocol for bar-related activities to ensure compliance with all ADA and access requirements.” 1a. This is a records request for letters of Chief J ustice Ricky Polston described in the story, sent on February 3 to voluntary bars and leaders at The Florida Bar. 1b. Records of the Supreme Court conference showing the time, place, date, the J ustices and other persons attending, a transcript of the proceedings, any and all conference records. 1c. Records of the “approval by the entire Florida Supreme Court” to “develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.” 1d. Records of any approval by the entire Florida Supreme Court to develop and implement a protocol for Court-related activities for ordinary people at all levels, including hearings and depositions in Florida courts, to ensure compliance with all ADA and access requirements. 1e. Records that show “voluntary bar associations [to] “immediately develop and implement protocol for bar-related activities to ensure compliance with all ADA and access requirements.” The Florida Bar News Story also reports, J ustice Lewis jumped into action. “When this issue arose, I immediately scheduled this issue for conference with the entire court,” J ustice Lewis said. “We must work together to eliminate all types of discrimination, and it will start with the Florida Supreme Court.” 1f. This is a request for records of J ustice Lewis’ actions taken, including the schedule for conference with the entire court. The Florida Bar News Story also reports, Pettis, who made diversity and inclusion a cornerstone of his presidency, said: “As we continue our efforts of total inclusion of all lawyers at every level of our Bar, it is imperative that we include persons with physical handicaps. While this incident in Miami was unfortunate, it has shed light on our need to be more sensitive and intentional in making sure every member is included and welcomed.” 1g. This is a request for records of Bar President Pettis’ “diversity and inclusion” cornerstone. Thomas A. David, General Counsel May 26, 2014 Office of the State Courts Administrator Page - 3 The Florida Bar News Story also reports, Smith said she was not surprised that the incident reached the highest level of Florida’s courts, because she was part of a dialog that went back and forth with Dietz, and she knew of his relationship with the Bar and J ustice Lewis, “who has a very personal interest in this issue.” 1h. This is a request for records of the dialog of Woodward’s boss Matt Dietz, Dade County Bar President Leslie Smith, and J ustice Lewis that went back and forth. 1i. This is a request for records showing for J ustice Lewis “who has a very personal interest in this issue.”. (Note: The “very personal interest” may be a personal bias, and if so, may be a conflict with judicial action to “develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements.”) The Florida Bar News Story also reports, “I’m glad it is being handled in a top-down fashion. It demonstrates a commitment,” Dietz said. “To have a commitment from the chief justice, the head of your state courts, is phenomenal and shows true dedication to and commitment to diversity and inclusion.” 1j. This is a request for records showing authority of the Supreme Court to handle this disability matter “in a top-down fashion” directly from the “chief justice, the head of your state courts”, in lieu of Statewide Court ADA Coordinator Debbie Howells, Supreme Court ADA Coordinator Silvester Dawson, Marshal, or the Florida Court ADA Coordinators for the five District Courts of Appeals, or the Florida Courts ADA Coordinators for the twenty J udicial Circuits. 1k. Records showing whether ordinary people with disabilities in the state of Florida should get the same kind of special attention that Ms. Woodward got from Chief J ustice Ricky Polston, J ustice Lewis, and the entire Florida Supreme Court in a disability accommodation matter. 2. Records showing the qualifications, education and skills required for the position of the Florida Court Statewide Court ADA Coordinator for Office of the State Courts Administrator, shown on the enclosed Directory, Florida Court ADA Coordinators revised February 7, 2012, http://www.flcourts.org/core/fileparse.php/243/urlt/ADA_directory.pdf http://www.flcourts.org/administration-funding/court-administration/ada-information.stml 3. Records showing the duties and responsibilities of the Florida Court Statewide Court ADA Coordinator for the Office of the State Courts Administrator. 4. Records identifying the current Florida Court Statewide Court ADA Coordinator for the Office of the State Courts Administrator if Debbie Howells is no longer in that position. Thomas A. David, General Counsel May 26, 2014 Office of the State Courts Administrator Page - 4 5. Records showing the qualifications, education and skills of the current Florida Court Statewide Court ADA Coordinator for the Office of the State Courts Administrator. 6. The personnel file for Debbie Howells. 7. Records showing the qualifications, education and skills required for the position of the Florida Court ADA Coordinator for the Supreme Court. 8. Records showing the duties and responsibilities of the Florida Court ADA Coordinator for the Supreme Court. 9. Records identifying the Florida Court ADA Coordinator for the Supreme Court if Silvester Dawson, Marshal, is no longer in that position. 10. Records showing the qualifications, education and skills of the current Florida Court ADA Coordinator for the Supreme Court. 11. Records showing the qualifications, education and skills required for the position of Florida Courts ADA Coordinator for the five District Courts of Appeals, and twenty J udicial Circuits. 12. Records showing the duties and responsibilities of the Florida Court ADA Coordinators for the five District Courts of Appeals, and twenty J udicial Circuits. In conclusion, I am glad to read Ms. Woodward will get disability access, because access is not a convenience when it works best for them. Access is her civil right. Time is of the essence. You may provide a partial response now if a full response will be delayed, and provide the full response in a timely manner. Thank you for your assistance with this matter. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 352-854-7807 Email: [email protected] Enclosures Page 1 DIRECTORY FLORIDA COURT ADA COORDINATORS Revised: February 7, 2012 SUPREME COURT Mr. Silvester Dawson Marshal 500 S. Duval Street Tallahassee, FL 32399-1900 Phone: 850-488-8845 Fax: 850-921-2775 1st DISTRICT COURT OF APPEAL Mr. Stephen Nevels Marshal 2000 Drayton Drive Tallahassee, FL 32399-0950 Phone: 850-488-8136 Fax: 850-488-7989 2nd DISTRICT COURT OF APPEAL Ms. Jo Haynes Suhr Marshal P. O. Box 327 Lakeland, FL 33802 Phone: 863-499-2290 Fax: 863-413-2649 3rd DISTRICT COURT OF APPEAL Mr. Alan Sadowski Marshal 2001 S.W. 117 Avenue Miami, FL 33175-1716 Phone: 305-229-3200, ext. 3237 Fax: 305-229-3206 4th DISTRICT COURT OF APPEAL Mr. Glen G. Rubin Marshal 1525 Palm Beach Lakes Boulevard West Palm Beach, FL 33401 Phone: 561-242-2111 Fax: 561-242-2016 5th DISTRICT COURT OF APPEAL Mr. Ty Berdeaux Marshal 300 South Beach Street Daytona Beach, FL 32114 Phone: 386-947-1544 FAX: 386-947-1565 1st CIRCUIT Ms. Shelia A. Sims Senior Deputy Court Administrator 190 Governmental Center, 5th Floor Pensacola, FL 32502-4400 Phone: 850-595-4400 Fax: 850-595-0360 2nd CIRCUIT Ms. Susan Wilson Office of Court Administration Leon County Courthouse 301 South Monroe Street Tallahassee, FL 32301 Phone: 850-577-4430 Fax: 850-487-7947 Page 2 3rd CIRCUIT Ms. Carrina Cooper Court Operations Consultant 173 N.E. Hernando St., Room 408 Lake City, FL 32056-1569 Phone: 386-758-2163 Fax: 386-758-2162 4th CIRCUIT Mr. James W. Ivey Court Facilities Manager Fourth Judicial Circuit 330 E. Bay Street, Suite 507-C Jacksonville, FL 32202 Phone: 904-630-1897 Fax: 904-357-5930 5th CIRCUIT Mr. John D. Sullivan 110 N. Apopka Street Inverness, FL 34450-4231 Phone: 352-341-6700 Fax: 352-341-7008 ADA Duties: Citrus County Ms. Peggy Welch 20 N. Main Street, Room 350 Brooksville, FL 34601 Phone: 352-754-4402 Fax: 352-754-4267 ADA Duties: Hernando County Ms. Tameka Gordon 110 N.W. 1 st Avenue Ocala, FL 34475 Phone: 352-401-6710 (ADA line) Fax: 352-401-7883 ADA Duties: Marion County Ms. Nicole Berg P. O. Box 7800 Tavares, FL 32778 Phone: 352-253-1604 Fax: 352-742-4370 ADA Duties: Lake County Ms. Lorna Barker 225 E. McCollum Avenue, Room 209 Bushnell, FL 33513 Phone: 352-569-6088 Fax: 352-569-6098 6th CIRCUIT Ms. Karen Weitzel 14250 49 th Street North Clearwater, FL 33762 Phone: 727-453-7163 Fax: 727-453-7166 7th CIRCUIT Ms. Anne Landolfa 125 E. Orange Avenue, Suite 300 Daytona Beach, FL 32114 Phone: 386-248-8105 Fax: 386-257-6069 8th CIRCUIT Ms. Vanessa Sagar Human Resources Manager Office of the Court Administrator 201 E. University Avenue Gainesville, Florida 32601 Phone: 352-337-6237 Fax: 352-384-3018 Page 3 9th CIRCUIT Ms. MaryBeth D’Auria Human Resources Manager Orange County Courthouse 425 N. Orange Avenue, Suite 510 Orlando, FL 32810 Phone: 407-742-2418 Fax: 407-835-5079 ADA Duties: Orange County Ms. Kelly Gallman Court Operations Manager Osceola County Courthouse Two Courthouse Square, Suite 6300 Kissimmee, FL 34741 Phone: 407-343-2418 Fax: 407-343-2401 ADA Duties: Osceola County 10th CIRCUIT Mr. Nick Sudzina Trial Court Administrator P. O. Box 9000 Bartow, FL 33831 Phone: 863-534-4686 Fax: 863-534-4699 11th CIRCUIT Ms. Maria E. Mihaic Human Resources Division Lawson E. Thomas Courthouse Center 175 N.W. 1 st Avenue, Suite 2702 Miami, FL 33128 Phone: 305-349-7354 Fax: 305-349-7355 12th CIRCUIT Mr. William P. Price Human Resources Manager 2002 Ringling Blvd - 8th Floor Sarasota, FL 34237 Phone: 941-861-7811 Fax: 941-861-7904 13th CIRCUIT Ms. Nancy Yanez Chief Deputy Court Administrator 800 E. Twiggs Street, Room 604 Tampa, FL 33602-3549 Phone: 813-272-6457 Fax: 813-301-3800 14th CIRCUIT Ms. Robyn Gable Court Operations Consultant P. O. Box 1089, 301 McKenzie Panama City, FL 32402 Phone: 850-747-5338 Fax: 850-747-5717 ADA Duties: Bay County Ms. Amber Baggett Senior Court Program Specialist P. O. Box 826 Marianna, FL 32447-0826 Phone: 850-482-9844 Fax: 850-482-9123 ADA Duties: Calhoun, Gulf, Holmes, Jackson, and Washington Counties Page 4 15th CIRCUIT Ms. Dominique T. March Chief of Personnel Services 205 North Dixie Highway West Palm Beach, FL 33401 Phone: 561-355-2154 Fax: 561-355-6711 16th CIRCUIT Ms. Cheryl Alfonso Court Operations Manager 502 Whitehead Street Key West, FL 33040 Phone: 305-295-3652 Fax: 305-292-3435 17 th CIRCUIT Ms. Cheryl Anderson 201 S.E. 6 th Street, Room 1000 Ft. Lauderdale, FL 33301 Phone: 954-831-7743 Fax: 954-831-5572 18th CIRCUIT Ms. Susan Phillips Moore Justice Center 2825 Judge Fran Jamieson Way Viera, FL 32940 Phone: 321-637-5673 Fax: 321-633-2172 ADA Duties: Brevard County Ms. Kelly Burnett Criminal Justice Center 101 Bush Boulevard Sanford, FL 32773 Phone: 407-665-4945 Fax: 407-665-4932 ADA Duties: Seminole County 19th CIRCUIT Ms. Corrie Johnson 250 NW Country Club Drive, Suite 217 Port Saint Lucie, FL 34986 Phone: 772-807-4383 Fax: 772-807-4377 20th CIRCUIT Mr. Jim Sullivan Operations Division Director Administrative Office of the Courts 1700 Monroe Street, Suite 1213 Ft. Myers, FL 33901 Phone: 239-533-1521 Fax: 239-533-1757 OFFICE OF THE STATE COURTS ADMINISTRATOR Ms. Debbie Howells Statewide Court ADA Coordinator Office of the State Courts Administrator 500 S. Duval Street Tallahassee, FL 32399-1900 Phone: 850-922-4370 Fax: 850-488-0156 News HOME The Florida Bar www.floridabar.org Search: Advertising Rates • Classifieds • Attorneys Exchange • Archives • Subscribe • Journal March 1, 2014 By Jan Pudlow Senior Editor One woman in a wheelchair — excluded from a voluntary bar social gathering in a basement wine cellar without an elevator — sparked a strong directive from the Florida Supreme Court: All bar meetings must be accessible to all. Stephanie Woodward recently moved from Syracuse, N.Y., to Miami, passed the Florida bar exam, and awaits approval of her character and fitness check so she can be a full-fledged member of The Florida Bar. As a “baby lawyer” new to town, she is anxious to make connections in the legal profession. So she was excited about an invitation to attend a Dade County Bar Association Young Lawyers Section event called “An Evening with the Judges” — described as “an informal gathering to promote communication among the legal community and the bench.” Sure, she was welcome, even though she’s not officially a lawyer yet, the Dade YLS president assured her. But there was a big problem: The January 23 event was being held in the wine cellar — a former bomb shelter— of the restaurant Le Chat Noir, at 2 South Miami Avenue. There are a lot of steps and no elevator down to the the wine celler. And Woodward has a mobility disability and uses a wheelchair. “If I hadn’t thought to ask, I would have shown up in a wheelchair and seen a set of stairs, which would be embarrassing,” Woodward said. “I think it’s a big deal for me to get in anywhere, not just local bar events. Access is not a convenience when it works best for them. Access is my civil right.” Chief Justice Ricky Polston agrees. When Woodward’s excluding experience came to his attention, the entire court gathered for conference, resulting in strongly worded letters Polston sent on February 3 to voluntary bars and leaders at The Florida Bar. “Benign neglect, oversight, or indifference which produces this type of discrimination is simply not acceptable and will not be tolerated,” Polston wrote. http://www.floridabar.org/DIVCOM/J N/jnnews01.nsf/8c9f13012b96736985256aa900624829/0661ffcdbeb0dffc85257c890046538a!OpenDocument “This event has demonstrated that we must do more to prevent similar discrimination in the future, and we shall take corrective steps to address the damage this type of discrimination inflicts.” After approval by the entire Florida Supreme Court, Polston directed The Florida Bar to “develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.” Similarly, the court requested that voluntary bar associations “immediately develop and implement protocol for bar-related activities to ensure compliance with all ADA and access requirements.” At The Florida Bar, Kathy Tucker, head of the Meetings Department, said she is well aware of the Americans with Disabilities Act requirements to make sure meetings are accessible, but acknowledged there have been bumps along the way. For example, she said, the Bar can no longer use a particular ballroom at the Boca Raton Resort and Club, accessible only via stairs or small service elevator. “The Bar is very conscious of the need to avoid using space that is not accessible to all,” Tucker said. The matter came to the high court’s attention when Woodward, a new associate at the Disability Independence Group, in Miami, told her boss, Matt Dietz. Dietz, a member of The Florida Bar Diversity and Inclusion Committee, let members know about the incident, as well as Justices Fred Lewis and Peggy Quince, and Bar President Eugene Pettis. “This was a concrete example of a person coming to the door and not being able to access our bar,” Dietz said. Justice Lewis jumped into action. “When this issue arose, I immediately scheduled this issue for conference with the entire court,” Justice Lewis said. “We must work together to eliminate all types of discrimination, and it will start with the Florida Supreme Court.” Pettis, who made diversity and inclusion a cornerstone of his presidency, said: “As we continue our efforts of total inclusion of all lawyers at every level of our Bar, it is imperative that we include persons with physical handicaps. While this incident in Miami was unfortunate, it has shed light on our need to be more sensitive and intentional in making sure every member is included and welcomed.” Dade County Bar President Leslie Smith said she agrees completely. She said she views it as an opportunity for the DCBA to take the initiative, create protocol, and share it with voluntary bars throughout the state. Attorneys with a variety of disabilities, along with leadership of the DCBA, will be gathering on March 25 to brainstorm and craft the protocols, Smith said. “Interestingly enough, before I went to law school, I worked for what was then called Florida’s Department of Health and Rehabilitative Services, and I worked with the division that dealt with programming and funding for persons with disabilities,” Smith said. “The issues are not foreign to me, and though I am not personally affected and don’t have any disabilities, I am certainly aware that we could do more and we have an opportunity to do that. I’m very excited about it.” Smith said she was not surprised that the incident reached the highest level of Florida’s courts, because she was part of a dialog that went back and forth with Dietz, and she knew of his relationship with the Bar and Justice Lewis, “who has a very personal interest in this issue.” http://www.floridabar.org/DIVCOM/J N/jnnews01.nsf/8c9f13012b96736985256aa900624829/0661ffcdbeb0dffc85257c890046538a!OpenDocument News HOME “I believe in advocacy. Get the word out. Things need to be changed and studied and improved. That’s what advocates do,” Smith said. But Woodward said, “It surprised me that it went that far. I’m thrilled the chief justice did say something about this, so that it’s on everybody’s radar. It shouldn’t be an issue between just me and the Dade County Bar Association.” Dietz said Florida Bar leaders have been very supportive, and he appreciates the strong directive from the chief justice. “I’m glad it is being handled in a top-down fashion. It demonstrates a commitment,” Dietz said. “To have a commitment from the chief justice, the head of your state courts, is phenomenal and shows true dedication to and commitment to diversity and inclusion.” [Revised: 05-23-2014] © 2014 The Florida Bar | Disclaimer | Top of page | http://www.floridabar.org/DIVCOM/J N/jnnews01.nsf/8c9f13012b96736985256aa900624829/0661ffcdbeb0dffc85257c890046538a!OpenDocument Thirteenth J udicial Circuit Florida - Hillsborough County Florida Quadriplegic disabled man Brian Sterner dumped from wheelchair on floor by Sheriff’s Deputy YouTube video - CNN - http://youtu.be/huRYZAJ 8wzA Hillsborough Sheriff Deputy Charlette Marshall-J ones dumped quadriplegic Brian Sterner out of a wheelchair and onto a jail floor at the Hillsborough County Orient Road J ail, Tampa Florida. Treatment of disabled man attracts national spotlight, St. Petersburg Times. http://www.sptimes.com/2008/02/13/Hillsborough/Treatment_of_disabled.shtml Disabled people in wheelchairs are vulnerable. See Harrowing flight for U.N. Rapporteur on Disability - Shuaib Chalklen, United Nations Special Rapporteur on Disability. http://www.thehindu.com/news/national/harrowing-flight-for-un-rapporteur-on- disability/article3433534.ece Brian Sterner, a paraplegic, has no Sheriff’s Office spokesman feeling from his mid-chest down. Reporter Mike Deeson - thanks Mike! Sheriff’s deputy thinks its funny. http://youtu.be/huRYZAJ8wzA Print Email story Comment Letter to the editor ADVERTISEMENT Video Watch what happened Breaking News Video Home News Politics Opinion Sports Things to Do Money Features Blogs Weather Traffic Classifieds Jobs Real Estate Cars Site Map Site Web Archives - back to 1987 Google Newspaper Archive - back to 1901 Hillsborough Dog jumps into water after gator Second person fired in DCF scandal Treatment of disabled man attracts national spotlight Animal hospital to assist humans Crime journal From undercover to spotlight Gift will help pet hospital build lodging for owners No jail for mom who gave up her son USF receives $2M for minority students Greco takes another turn on the bench Helios donates $2-million to USF for scholarships Special report Last mission to repair the Hubble telescope Hubble space telescope discoveries have enriched our understanding of the cosmos. In this special report, you will see facts about the Hubble space telescope, discoveries it has made and what the last mission's goals are. More special reports Video report For their own good Fifty years ago, they were screwed-up kids sent to the Florida School for Boys to be straightened out. But now they are screwed-up men, scarred by the whippings they endured. Read the story and see a video and portrait gallery. News Treatment of disabled man attracts national spotlight Sheri ff' s Office apol ogy doesn't quel l outrage. By Casey Cora and Rodney Thrash, Times Staff Writers Published February 13, 2008 Brian Sterner, a quadriplegic, was arrested on a charge of fleeing a law enforcement official in January. He was to appear on the Today show this morning. [Douglas R. Clifford | Times] TAMPA - Hardly anyone noticed last month when a Hillsborough County detention deputy unceremoniously dumped quadriplegic Brian Sterner out of a wheelchair and onto a jail floor. Tuesday, everyone noticed. Sterner's lawyer pushed for criminal charges and Florida's attorney general called for a civil rights review. The Sheriff's Office apologized, labeled the incident "indefensible," and sent four deputies home pending an investigation. The Today show booked Sterner; readers expressed outrage on newspaper Web sites; and a video of the jailhouse encounter landed on YouTube. "It's a start," said Sterner, 32, whose ouster from the wheelchair was caught on surveillance cameras at the Orient Road Jail. He expressed dismay that the deputies had not lost their jobs. "I don't think the question of them being fired should be asked," he said. "It should already be done." The Sheriff's Office video shows Deputy Charlette Marshall-Jones dislodging Sterner from his wheelchair like cargo from a wheelbarrow, pushing up the handles as he falls forward. The other deputies in the video do not intervene. One walks away smiling. Marshall-Jones, a 22-year veteran of the Sheriff's Office, was suspended without pay. A woman who answered the telephone at her Tampa house said the deputy had no comment. A note left at her door went unanswered. Subscribe to the Times Click here for daily delivery of the St. Petersburg Times. Email Newsletters Be the first to know. Register for free breaking news alerts and morning headlines. ADVERTISEMENT Search http://www.sptimes.com/2008/02/13/Hillsborough/Treatment_of_disabled.shtml More video reports Multimedia report Rays fan guide to the Trop Here are some insider tips to Tropicana Field and area information. More multimedia reports Three others - Sgt. Gary Hinson, 51, Cpl. Steven Dickey, 45, and Cpl. Decondra Williams, 36 - were placed on administrative leave with pay. Hinson has been with the agency since 1984; Dickey, 1982; and Williams, 1994. None of the three could be reached. - - - Sterner, injured while wrestling 13 years ago, is paralyzed from the chest down and has limited use of his arms. He was laid off in January from a job selling wheelchair vans. His Jan. 29 arrest was on a charge of fleeing and attempting to elude law enforcement officers, which apparently stemmed from a traffic stop three months earlier. Sterner was driving a 2005 silver Mini Cooper fitted with hand pedals Oct. 25 when Tampa police officers on patrol in Ybor City saw him waving his arms and shaking his head from side to side as if dancing, police say. He had been driving 5 mph in a 30 mph zone. But police lost sight of him until another officer spotted him at Florida Avenue and Columbus Drive. Their reports noted that he made "foolish" statements. "Although I did not detect an odor of an alcoholic beverage emitting from Sterner's breath, based on his irrational behavior, I suspected the possibility he was under the influence of some type of illegal substance," wrote Tampa police Officer Peter Charbonneau. Sterner allowed police to take a blood sample. No illegal drugs were found, police reported. But he was still arrested on a charge of fleeing law enforcement officers. As he was booked, Sterner said he told Marshall-Jones several times that he couldn't stand up to be searched. She ultimately searched him as he lay on the floor. "There's no reason why that deputy should not be charged with battery on a disabled person," said Sterner's attorney, John Trevena. - - - Twice before, in 1988 and 1990, the Sheriff's Office suspended Marshall-Jones without pay. Her personnel file documents those disciplinary problems and others. In the first incident, she improperly conducted an inmate head count and was suspended for six days. In the later incident, she disobeyed a boss' order to complete a fire safety and sanitation inspection. The consequence: a one-day suspension. Superiors have criticized her use of sick leave. Her record contains a few letters of reprimand for violations of Sheriff's Office procedure. But most of the 345-page file offers no hint of the woman seen in the video. Year after year, supervisors recommended Marshall-Jones for promotions and boosted her pay. In page after page of annual reviews, they used words such as "dedicated" and "knowledgeable." There are 22 pages of commendations, certificates and flattering letters from supervisors and Hillsborough residents. In 2003, the Sheriff's Office named Marshall-Jones one of the November "Employees of the Month." Just nine days before the Sterner arrest, Marshall-Jones' supervisor praised her "excellent searches, handling of inmates and communication skills." The supervisor was Sgt. Hinson, who was suspended with her Tuesday. - - - After he was booked, Sterner said, sheriff's officials placed him on his side in the back of a prisoner transportation van bound for the infirmary at the Falkenburg Road Jail, the site of one of two jail infirmaries in the county. Sterner said he grimaced in pain on the nearly 4-mile drive to the facility. On Tuesday, he showed reporters scrape marks on his knees that he said came from the fall out of the wheelchair. "I don't know what's going on inside me, but my body hasn't been right since," he said. Sterner and Trevena said they hope the incident forces the spotlight on the issue of jailhouse treatment of the disabled, a message Sterner plans to carry to the Today show this morning. "I want a lot of exposure to what's been going on for probably a very long time in the jail system," he said. Newspaper Web sites have already been flooded with reaction. On tampabay.com, more than 100 comments were posted about the day's stories on Sterner. Just hours after the video clip appeared on YouTube, more than 350 people had viewed it. State Attorney General Bill McCollum also saw the video and was "very, very concerned," said his spokeswoman, Sandi Copes. McCollum asked the state's Office of Civil Rights to review Sterner's treatment at the jail, an action Copes said could lead to a formal investigation of the Sheriff's Office. "We're certainly going to try to identify exactly what happened and exactly who was at fault," Copes said. http://www.sptimes.com/2008/02/13/Hillsborough/Treatment_of_disabled.shtml Share your thoughts on this story Read our guidelines for comments At a Tuesday morning news conference, Sheriff's Office Chief Deputy Jose Docobo said he was troubled not only by what happened to Sterner but by the lack of response from experienced supervisors. "The fact that none of the supervisors acted upon what they saw or had knowledge of is of grave concern to us," he said. "The fact that no reports were written further concerns us. "This is not how we do business here at the Hillsborough County Sheriff's Office." Docobo also offered a public apology to Sterner. "There is no excuse," Docobo said. "This is indefensible. And to the extent that we can make it right for this gentleman, we will do so." Staff writers Rebecca Catalanello and Jonathan Milton contributed to this report. Casey Cora can be reached at 813 226-3386 or at [email protected] Rodney Thrash can be reached at (813) 269-5303 or [email protected]. What is quadriplegia? Quadriplegia is paralysis affecting all four limbs, often due to a spinal cord injury at the neck level. The paralysis does not have to be total. Depending on the severity of the injury, some function or feeling can remain in one or more limbs. [Last modified February 12, 2008, 22:39:20] First Name (only) Location Comment (May be published online and/or in print) You have 250 characters left to comment. [an error occurred while processing this directive] © 2011 · All Rights Reserved · Tampa Bay Times 490 First Avenue South · St. Petersburg, FL 33701 · 727-893-8111 Contact Us | Join Us | Advertise with Us | Subscribe to the Times Privacy Policy | Standard of Accuracy | Terms, Conditions & Copyright http://www.sptimes.com/2008/02/13/Hillsborough/Treatment_of_disabled.shtml News » National Published: May 19, 2012 00:46 IST | Updated: May 19, 2012 00:46 IST Harrowing flight for U.N. Rapporteur on Disability Aarti Dhar Forced to shi ft to bad quali ty wheelchai r; ‘paralysed' pri nted on boardi ng card Even as disability rights groups are still struggling with the government and private airlines to ensure dignified travel for differently-abled persons, United Nations Special Rapporteur Shuaib Chalklen has had a harrowing experience with IndiGo on Thursday. Mr. Chalklen, a South African national, who took flight 6E 176 from Mumbai to Delhi, said that despite his protests, he was forced to transfer from his personal wheelchair to a bad quality airline wheelchair. There was no aisle chair and he was bodily lifted from the wheelchair on to a seat in the first row of the aircraft. However, a family to which the first row was allotted insisted on occupying the allotted seats. An airline spokesperson said: “We are taking serious action against the IndiGo staff. At IndiGo, we are committed to passenger comfort and safety, and above all, a hassle-free travel experience… We regret the inconvenience caused to Mr. Shuaib Chalklen.” An airline statement said Mr. Chalklen arrived in his own wheelchair to the check-in counter. As it was slightly larger than the wheelchair IndiGo provided, it couldn't pass through airport security. Mr. Chalklen was requested to move to the ‘IndiGo wheelchair,' however he chose to use his own wheelchair and this was refused by CISF personnel in the security area. Keywords: U.N. Rapporteur on Disability, harrowing flight, Shuaib Chalklen, IndiGo Printable version | Sep 6, 2013 8:57:19 PM | http://www.thehindu.com/news/national/harrowing-flight-for-un- rapporteur-on-disability/article3433534.ece © The Hindu Sheri ff' s Offi ce apol ogy doesn' t quel l outrage. By Casey Cora and Rodney Thrash, Times Staff Writers Published February 13, 2008 TAMPA - Hardly anyone noticed last month when a Hillsborough County detention deputy unceremoniously dumped quadriplegic Brian Sterner out of a wheelchair and onto a jail floor. Tuesday, everyone noticed. Sterner's lawyer pushed for criminal charges and Florida's attorney general called for a civil rights review. The Sheriff's Office apologized, labeled the incident "indefensible," and sent four deputies home pending an investigation. The Today show booked Sterner; readers expressed outrage on newspaper Web sites; and a video of the jailhouse encounter landed on YouTube. "It's a start," said Sterner, 32, whose ouster from the wheelchair was caught on surveillance cameras at the Orient Road J ail. He expressed dismay that the deputies had not lost their jobs. "I don't think the question of them being fired should be asked," he said. "It should already be done." The Sheriff's Office video shows Deputy Charlette Marshall-J ones dislodging Sterner from his wheelchair like cargo from a wheelbarrow, pushing up the handles as he falls forward. The other deputies in the video do not intervene. One walks away smiling. Marshall-J ones, a 22-year veteran of the Sheriff's Office, was suspended without pay. A woman who answered the telephone at her Tampa house said the deputy had no comment. A note left at her door went unanswered. Three others - Sgt. Gary Hinson, 51, Cpl. Steven Dickey, 45, and Cpl. Decondra Williams, 36 - were placed on administrative leave with pay. Hinson has been with the agency since 1984; Dickey, 1982; and Williams, 1994. None of the three could be reached. - - - Sterner, injured while wrestling 13 years ago, is paralyzed from the chest down and has limited use of his arms. He was laid off in J anuary from a job selling wheelchair vans. His J an. 29 arrest was on a charge of fleeing and attempting to elude law enforcement officers, which apparently stemmed from a traffic stop three months earlier. Sterner was driving a 2005 silver Mini Cooper fitted with hand pedals Oct. 25 when Tampa police officers on patrol in Ybor City saw him waving his arms and shaking his head from side to side as if dancing, police say. He had been driving 5 mph in a 30 mph zone. But police lost sight of him until another officer spotted him at Florida Avenue and Columbus Drive. Their reports noted that he made "foolish" statements. "Although I did not detect an odor of an alcoholic beverage emitting from Sterner's breath, based on his irrational behavior, I suspected the possibility he was under the influence of some type of illegal substance," wrote Tampa police Officer Peter Charbonneau. Sterner allowed police to take a blood sample. No illegal drugs were found, police reported. But he was still arrested on a charge of fleeing law enforcement officers. http://www.sptimes.com/2008/02/13/news_pf/Hillsborough/Treatment_of_disabled.shtml As he was booked, Sterner said he told Marshall-J ones several times that he couldn't stand up to be searched. She ultimately searched him as he lay on the floor. "There's no reason why that deputy should not be charged with battery on a disabled person," said Sterner's attorney, J ohn Trevena. - - - Twice before, in 1988 and 1990, the Sheriff's Office suspended Marshall-J ones without pay. Her personnel file documents those disciplinary problems and others. In the first incident, she improperly conducted an inmate head count and was suspended for six days. In the later incident, she disobeyed a boss' order to complete a fire safety and sanitation inspection. The consequence: a one-day suspension. Superiors have criticized her use of sick leave. Her record contains a few letters of reprimand for violations of Sheriff's Office procedure. But most of the 345-page file offers no hint of the woman seen in the video. Year after year, supervisors recommended Marshall-J ones for promotions and boosted her pay. In page after page of annual reviews, they used words such as "dedicated" and "knowledgeable." There are 22 pages of commendations, certificates and flattering letters from supervisors and Hillsborough residents. In 2003, the Sheriff's Office named Marshall-J ones one of the November "Employees of the Month." J ust nine days before the Sterner arrest, Marshall-J ones' supervisor praised her "excellent searches, handling of inmates and communication skills." The supervisor was Sgt. Hinson, who was suspended with her Tuesday. - - - After he was booked, Sterner said, sheriff's officials placed him on his side in the back of a prisoner transportation van bound for the infirmary at the Falkenburg Road J ail, the site of one of two jail infirmaries in the county. Sterner said he grimaced in pain on the nearly 4-mile drive to the facility. On Tuesday, he showed reporters scrape marks on his knees that he said came from the fall out of the wheelchair. "I don't know what's going on inside me, but my body hasn't been right since," he said. Sterner and Trevena said they hope the incident forces the spotlight on the issue of jailhouse treatment of the disabled, a message Sterner plans to carry to the Today show this morning. "I want a lot of exposure to what's been going on for probably a very long time in the jail system," he said. Newspaper Web sites have already been flooded with reaction. On tampabay.com, more than 100 comments were posted about the day's stories on Sterner. J ust hours after the video clip appeared on YouTube, more than 350 people had viewed it. State Attorney General Bill McCollum also saw the video and was "very, very concerned," said his spokeswoman, Sandi Copes. McCollum asked the state's Office of Civil Rights to review Sterner's treatment at the jail, an action Copes said could lead to a formal investigation of the Sheriff's Office. "We're certainly going to try to identify exactly what happened and exactly who was at fault," Copes said. At a Tuesday morning news conference, Sheriff's Office Chief Deputy J ose Docobo said he was troubled not only by what happened to Sterner but by the lack of response from experienced supervisors. "The fact that none of the supervisors acted upon what they saw or had knowledge of is of grave concern to us," he said. "The fact that no reports were written further concerns us. http://www.sptimes.com/2008/02/13/news_pf/Hillsborough/Treatment_of_disabled.shtml "This is not how we do business here at the Hillsborough County Sheriff's Office." Docobo also offered a public apology to Sterner. "There is no excuse," Docobo said. "This is indefensible. And to the extent that we can make it right for this gentleman, we will do so." Staff writers Rebecca Catalanello and Jonathan Milton contributed to this report. Casey Cora can be reached at 813 226-3386 or at [email protected] Rodney Thrash can be reached at (813) 269-5303 or [email protected]. What is quadriplegia? Quadriplegia is paralysis affecting all four limbs, often due to a spinal cord injury at the neck level. The paralysis does not have to be total. Depending on the severity of the injury, some function or feeling can remain in one or more limbs. ©2007 •All Rights Reserved •St. Petersburg Times 490 First Avenue South •St. Petersburg, FL 33701 •727-893-8111 Contact the Times | Privacy Policy | Standard of Accuracy | Terms, Conditions & Copyright http://www.sptimes.com/2008/02/13/news_pf/Hillsborough/Treatment_of_disabled.shtml

Florida Bar Records Request John Harkness Jun-06-2014

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