Rule 1-14.1 Access To Records, Clerk Florida Supreme Court

VIA UPS No.
1Z64589FP298162136 August 19, 2014

Email: tomasino@flcourts.org
Mr. J ohn A. Tomasino, Clerk
Supreme Court of Florida
500 South Duval Street
Tallahassee, Florida 32399-1927
Dear Mr. Tomasino:
The Florida Bar wrongly objected to my request for public records of the following telephonic
Request For Assistance (RFA) to the ACAP Hotline, and failed to provide other pubic records.
Please advise if you want this Rule 1-14.1(a) Access submitted as a formal motion or petition.
Mr. Bauer ACAP 14-2445 - Evans (no public documents)
Mr. Rodems ACAP 14-14506 - Francis (no public documents)
Mr. Castaoliuolo ACAP 14-14243 - Tomaso (no public documents)
Initially I believed a constitutional challenge was needed. Now I believe Rule 1-14.1 Access to
Records is proper, and I hereby invoke Florida Bar Rule 1-14.1(a) for an order of the Supreme
Court of Florida to produce the records, or some person designated by the Supreme Court to
decide whether the records should be disclosed. In addition, there is a question about the cost of
records, and how to determine costs. Rule 1-14.1(d).
RULE 1-14.1 ACCESS TO RECORDS
(a) Confidential Records. All records specifically designated confidential by court rules,
the Florida or United States Constitution, statutes, attorney work product, and attorney-
client communications shall be confidential. In the event that The Florida Bar objects to
production, these records shall not be produced without order of the Supreme Court of
Florida or some person designated by the supreme court to decide whether the records
should be disclosed.
(b) Records Confidential under Applicable Law. All records in the possession of The
Florida Bar that are confidential under applicable rule or law when made or received
shall remain confidential and shall not be produced by the bar, except as authorized by
rule or law or pursuant to order of the Supreme Court of Florida.
(c) Rules of Procedure and Florida Evidence Code; Applicability. Except as otherwise
provided in these Rules Regulating The Florida Bar, any restrictions to production of
records contained in the Florida Evidence Code (chapter 90, Florida Statutes, as
amended), Florida Rules of Civil Procedure, or Florida Rules of Criminal Procedure shall
apply to requests for access to the records of The Florida Bar.
(d) Access to Records; Notice; Costs of Production. Any records of The Florida Bar that
are not designated confidential by these Rules Regulating The Florida Bar shall be
available for inspection or production to any person upon reasonable notice and upon
payment of the cost of reproduction of the records.
Mr. J ohn A. Tomasino, Clerk August 19, 2014
Supreme Court of Florida Page - 2
Table of Contents
Section A Rule 1-14.1(a). TFB wrongly objected/failed to produce records.
Section B Rule 1-14.1(d). Access to Records; Notice; Costs of Production (to be provided)
Section A The Florida Bar has wrongly objected to producing records I requested.
J ohn F. Harkness is the Executive Director of The Florida Bar. Bylaw 2-4.3 Duties of the
Executive Director provides, The executive director shall keep the records of The Florida Bar
and the board of governors. Mr. Harkness objected to producing records, or did not produce the
records, or produced the wrong record, by and through J enny R. J olinski, Records Manager, and
Mary Ellen Bateman, Division Director, Ethics & Advertising, UPL and Special Projects.
My records request was initially made to Mr. Harkness J une 6, 2014 by letter (67 pages) sent via
UPS No. Z64589FP299145877, and by email to Mr. Harkness at jharkness@flabar.org, and by
email to J enny J olinski at J J olinski@flabar.org. My email also shows I provided the records
request to others, but that was a mistake, as those persons do not provide records.
Ms. J olinski responded initially by email Monday, J une 09, 2014 9:34 AM I will coordinate this
one. J enny, which I understood to mean Ms. J olinski would coordinate aspects of the request
and The Bars response with my related OSCA records request May 27, 2014 to Tad David.
Ms. J olinskis email shows at the bottom PDF files were deleted. This is an ongoing issue that
The Bar has not addressed, or provided records showing authorization to delete public records.
[attachment "Florida Bar records request J ohn Harkness J un-06-2014 67p.pdf" deleted by J enny
J olinski/The Florida Bar] [attachment "OSCA records request May-27-2014 Tad David.pdf"
deleted by J enny J olinski/The Florida Bar]
Rule 1-14.1(a): my records request to J ohn Harkness J uly 28, 2014
The Florida Bars responses required a number of follow-up letters and emails.
1. Request to J ohn Harkness J uly 28, 2014, UPS No. 1Z64589FP290127297, with email
response by Ms. J olinski Thursday, August 07, 2014 3:41 PM. Requests No. 1 through No. 9.
Request No. 1 Response by Ms. J olinski, pending;
Note: as of today, no further response.
Provide Member Records, Master Records of the Membership Records Department for,
Robert W. Bauer, Bar ID 11058
Eugene P. Castagliuolo, Bar ID 104360
Ryan Christopher Rodems, Bar ID 947652
William J ohn Cook, Bar ID 986194
Chris A Barker, Bar ID 885568
Request No. 2 Response by Ms. J olinski, I have attached the TFB Records Retention
Schedule.
Note: I do not know if this response complies with the request.
2. Provide records showing Each Record Series of records for lawyer members of The
Florida Bar. Previously I did not know about Member Records until getting Mr.
J olinskis response letter J une 10, 2014. The Bar has discipline records for discipline
matters; what other records are available? Provide the records showing all classes or
types of records, Rule 2.420(a), Public Access to J udicial Branch Records, Fla. R. J ud.
Admin, and Rule 2.440. Retention of J udicial Branch Administrative Records, cited
above.
Request No. 3 Response by Ms. J olinski, The Division Director of Administration has
provided a copy of the Bar's email policy. . We have no records responsive
to your request regarding "Email is a message delivery system."
Note: The response by Ms. J olinski did not answer the request.
Original request No. 3 dated J uly 28, 2014 contained two parts:
3. Provide records of The Florida Bars email policy and procedure, including,
The legal basis that, "Email is a message delivery system. It is not a record no more than
an envelope is a record. It is the content of the message that determines if it is a record
and in which record series the message is placed." (Exhibit 1).
I do not believe the Bars statement is accurate, but is used to evade compliance with Rule 2.440.
Retention of J udicial Branch Administrative Records, and Rule 2.420(a), Public Access to
J udicial Branch Records. BTW, the U.S. Postal Service collects information on envelopes as a
record for law enforcement in the "mail cover" program. So an envelope itself is a record.
The legal basis for deleting PDF attachments to email sent or received by The Florida
Bar. For example, Ms. J olinskis email Wednesday, J une 25, 2014 10:02 AM, Re: Public
Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17, shows, "[attachment
"Center for Professionalism_ Regulating - Oath.pdf" deleted by J enny J olinski/The
Florida Bar]".
Provide records showing why Bar personal delete PDF documents attached to email which must
be retained under Rule 2.440. Retention of J udicial Branch Administrative Records. Rule
2.440.(a) Definitions (2) "Records of the judicial branch" means 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 consists of: (B) "administrative
records," which means 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.
Request No. 4 Response by Ms. J olinski, 4. This is a request for the record of Ms.
Schuyler's loyalty oath...
The bar has no responsive records to your request.
Note: Ms. J olinski misstated the request, then failed to respond for Records for
J ohn William Gardner
Below is the first part of the request Ms. J olinksi failed to answer.
4. Enclosed is a letter J uly 14, 2014 of Shanell M. Schuyler closing RFA#14-14647
stating, inter alia, Furthermore, there is insufficient evidence indicating that Mr.
Gardner failed to report Mr. Rodems for violating the Rules Regulating The Florida Bar.
Mr. Harkness, as Executive Director and Records Custodian for The Florida Bar, please
certify whether or not Mr. Gardner failed to report Mr. Rodems for violating the Rules
Regulating The Florida Bar, and provide your findings to me, Ms. Schuyler and Mr.
Gardner.
Ms. Schuylers finding of insufficient evidence to support your contention that Mr.
Gardner "corruptly assisted" Mr. Rodems in obtaining a judgment against you. is
misplaced. I do not believe the word corruptly appears in the Rules of Professional
Conduct, so it is confusing that Ms. Schuyler would rely on a ordinary adjective as part
of her closure decision.
But it does call into question whether Ms. Schuyler violated section 112.313, Florida
Statutes, Standards of conduct for public officers, employees of agencies, and local
government attorneys.
112.313(6) MISUSE OF PUBLIC POSITION.No public officer, employee of an
agency, or local government attorney shall corruptly use or attempt to use his or her
official position or any property or resource which may be within his or her trust, or
perform his or her official duties, to secure a special privilege, benefit, or exemption for
himself, herself, or others....
Request No. 5 Response by Ms. J olinski, 5. Loyalty oaths for the Florida Bar employees
as recipients of public funds from the state of Florida...
Note: I take this response to mean The Florida Bar is in violation of section 876.05
Florida Statutes, Public employees; oath.
I made a corrected records request to Mr. Harkness August 12, 2014, requesting in part,
My previous records request for loyalty oaths under Article II, Section 8, Fla. Const. was
misplaced. Section 8 is Ethics in government.A public office is a public trust.
Corrected records request. Provide records of loyalty oaths required under any authority
for yourself, and Florida Bar employees as recipients of public funds from the state of
Florida that you support the Constitution of the United States, and Florida. If there are no
responsive records, provide records showing where the records of such loyalty oaths are
found. Enclosed you will find copies of my corrected records request to Ms. J olinski, Ms.
Bateman, and Francesca Ciaccio-Freeman, Director, Human Resources, for The Florida
Bar. Unfortunately none of The Bar employees responded, so I direct the records request
to you.
Request No. 6 Response by Ms. J olinski, Our Membership Records Department
provided this sample of a fee statement that included the new oath.
According to Membership Records, the oath only appears in the 2012/13
fee statement by request of the Florida Supreme Court. It did not appear in
previous or subsequent fee statements.
Note: This response is incomplete, and did not respond to the fact that there is no
objective evidence that any Florida lawyer actually took the Oath of Admission. See the
full request below in blue. This is a substantive and important matter, see Rule 3-4.7.
RULE 3-4.7 OATH Violation of the oath taken by an attorney to support the
constitutions of the United States and the State of Florida is ground for disciplinary
action. Membership in, alliance with, or support of any organization, group, or party
advocating or dedicated to the overthrow of the government by violence or by any means
in violation of the Constitution of the United States or constitution of this state shall be a
violation of the oath.
Oaths of Admissions Discarded
6. Oaths of Admission to The Florida Bar are discarded by the Florida Board of Bar
Examiners. I am not able to locate evidence that any Bar member took an Oath. Is there a
requirement that a record of the Oath of Admission be kept?
The enclosed letter of Michele A. Gavagni, Executive Director, Florida Board of Bar
Examiners, dated J une 30, 2014 states,
The Florida Board of Bar Examiners received your letter dated J une 25, 2014,
requesting the Oaths of Attorney for a list of members of The Florida Bar. The
board does not have the information you are requesting. Once the person's Oath of
Attorney has been processed, they are discarded. The date the oath was executed
is reflected on The Florida Bar website on the page for each individual attorney.
Enclosed please find The Florida Bar directory page for J ohn William Gardner. I cannot
see where The date the oath was executed is reflected. More problematic may be the
fact that Once the person's Oath of Attorney has been processed, they are discarded.
Therefore, there is no objective evidence that any Florida lawyer actually took the Oath
of Admission.
Ms. J olinski advised by email The bar does not have the original oath which was
delivered by the Florida Supreme Court, we do however, have an annual
acknowledgement (sic) of the oath that is part of our fee statements. I requested J une 25,
2014 11:22 AM but not received from Ms. J olinski an example of the annual
acknowledgment.
Thank you. Can you provide an example of the annual acknowledgment of the
oath that is part of the fee statement? Even a link to an un-executed example is
fine. Appreciate your consideration.
The relevant page of the email is enclosed in paper format.
Regarding Ms. J olinskis assertion that The bar does not have the original oath which
was delivered by the Florida Supreme Court it does not appear an original oath was
delivered.
Supreme Court Clerk J ohn Tomasino advised by email J une 17, 2014 7:01 PM,
The oath in SC11-1702 is the current oath. As to your second question, the
Florida Supreme Court does not keep the oath for each attorney submitted to the
Bar. I dont know if the Florida Board of Bar Examiners keeps those records, but
you could check with them.
A paper copy of Mr. Tomasinos email is enclosed.
Request No. 7 Response by Ms. J olinski, 7. Florida Bar and Subsidiaries Financial
Statements and Supplemental Information J une 30, 2010 and 2009. Sent
via US Mail.
Note: I received the record by mail, and believe this response complies with the request.
Request No. 8 Response by Ms. J olinski, 8. What is the Bar's duty upon receipt of
information showing an attorney resigned, in this case from a state school
teach job, while under state investigation?
This is not a public record request.
Note: The Florida Bar and Ms. J olinski failed to provide the records by use of semantics.
Below is the request, which you many now include the words Provide records showing
the Bars duty upon receipt of information showing an attorney resigned, in this case
from a state school teaching job, while under state investigation.
Enclosed is additional evidence of Mr. Castagliuolos anger and mental problems, a Separate
Volume Appendix intended for Petitioners Supplemental Brief in my Petition No: 13-7280 to
the U.S. Supreme Court that I was not able to file due to disability and illness. The 55 page
appendix shows Mr. Castagliuolo repeatedly threatened Bar Counsel Leonard Clark, in addition
to threats and insults against me, and Castagliuolos email solicitations to Mr. Rodems and
Michael Laurato to join Castagliuolos efforts to undermine me and my Bar complaint.
It is unclear how The Florida Bar legitimately closed NPC (no probable cause) the Complaint of
Neil J . Gillespie against Eugene P. Castagliuolo, The Florida Bar File No. 2013-10,162 (6D),
when Bar Counsel Leonard Clark witnessed first-hand evidence of Castagliuolos anger and
mental problems, memorialized by 23 pages of Florida Bar email provided me as public records.
8. Pinellas County School Board Attorney David Koperski provided records showing
attorney Eugene P. Castagliuolo resigned April 6, 2009 from a teaching job while under
investigation for misconduct. Mr. Castagliuolo was a substitute teacher and teacher from
April 6, 2007, through April 6, 2009. Enclosed are Mr. Koperskis letters, and a one page
memo from Administrator J ames T. Lott that states in part,
On April at 2009, our office received the resignation for MR. EUGENE
CASTAGLIUOLO effective April 6, 2009. He resigned under Investigation, with
"personal as his reason.
Please use code #95 to complete your paperwork and note that he is a no rehire.
Public records show evidence of Castagliuolos anger and mental problems, in addition
to the investigation for misconduct. In my view Castagliuolo is unfit to teach, or practice
law.
Mr. Castagliuolo was my counsel J une 21, 2011 and failed to advise me that Mr.
Rodems settlement agreement was in fact a bribe offered [F.S. 838.015, 838.016,
838.022] and accepted by three Florida judges and two state employees. Castagliuolos
anger and mental problems were also an issue during his representation of me, and his
counsel was ineffective.
What is The Florida Bars duty upon receipt of information showing an attorney
resigned, in this case from a state school teaching job, while under state investigation?
Request No. 9 Response by Ms. J olinski, 9. "...provide the cost for each individual
records..." See my email to you dated J uly 31, 2014.
Note: Ms. J olinski failed to provide respond to the records requested for
[Castagliuolo] ACAP 14-14243 - Tomaso (no public documents)
9. I do not show a reply my J uly 16, 2014 records response/request. I wrote you in part,
Responses by Ms. J olinski provided by email Thursday, J une 26, 2014 at 2:12 PM also
appear incorrect. Ms. J olinskis email is attached in PDF.
Ms. J olinski wrote in part 3 were inquiries resulting in no public documents.
[Castagliuolo] ACAP 14-14243 - Tomaso (no public documents)
Again, I am seeking public records, not public documents. If the inquires are closed, then
there are public records, and Ms. J olinski is wrong. See the Florida Rules of J udicial
Administration, Rule 2.420. Public Access to J udicial Branch Records.
It appears you and The Florida Bar are wrongly protecting Mr. Bauer and Mr. Rodems.
Ms. J olinski has not claimed any exemption to providing the records. Therefore, provide
the records immediately.
My letter to Mr. Harkness J uly 16, 2014 responded to Ms. J olinskis misplaced reasons for not
providing records of telephone calls to ACAP, and is enclosed, relevant text below.
Dear Mr. Harkness:
Responses by Ms. J olinski, Records Manager for The Florida Bar, provided by email
Thursday, J une 26, 2014 at 10:18 AM appear incorrect. Ms. J olinskis email is attached
in PDF
Ms. J olinski wrote Three are inquiries in which no complaint was filed and
consequently there are no public documents. First, I am seeking public records, not
public documents. Three inquiries certainly resulted in public records, regardless of
whether a complaint was filed. The public records would include the identity of the
persons making the inquires, the identity of the lawyers in question, and a description of
the subject matter. See below the Florida Rules of J udicial Administration, Rule 2.420.
Public Access to J udicial Branch Records.
Responses by Ms. J olinski provided by email Thursday, J une 26, 2014 at 2:12 PM also
appear incorrect. Ms. J olinskis email is attached in PDF.
ACAP 14-14243 - Tomaso (no public documents)
Rule 2.420(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:
Rule 2.420(b) Definitions (1)(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.
Rule 2.420(b) Definitions (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.
Ms. J olinski has not claimed any exemption to providing the records. Therefore, provide
the records immediately.
What does ACAP 14-14243 - Tomaso (no public documents) refer to?
Ms. J olinski responded by email Wednesday, J uly 30, 2014 10:42 AM
Dear Mr. Gillespie,
I am responding to your email dated J uly 16, 2014 per Rule 2.420, Florida Rules of J udicial
Administration and applicable law. Please send correspondence related to this matter to my
attention. In your email you voiced concerns over my use of the term "public document" vs.
"public record." To be clear, the public record of a discipline file is defined in Rule 3-7.1(b) of the
Rules Regulating The Florida Bar:
" b) Public Record. The public record consists of the record before a grievance committee, the
record before a referee, the record before the Supreme Court of Florida, and any reports,
correspondence, papers, recordings, and/or transcripts of hearings furnished to, served on, or
received from the respondent or the complainant."
All records, not part of the public record definition, are confidential and exempt from disclosure
pursuant to Rule 3-7.1(a). Additionally, some of the records not meeting the public records
definition would also be confidential pursuant to Rule 1-14.1(a) because they are designated as
such by court rule, or constitute attorney work product, or attomey-client communications. In
addition, per Rule 3-7.1(a) (1) Pending Investigations. Disciplinary matters pending at the initial
investigatory and grievance committee levels are treated as confidential by The Florida Bar,
except as provided in rules 3-7.1(e) and (k).
An inquiry by telephone to our ACAP Hotline does not result in public records, if a written
complaint is not submitted. Consequently, there may be no public records associated with an
ACAP inquiry. I have asked the Lawyer Regulation Department to provide me with the individual
break down of costs for the public records related to each file you have requested. I will provide
that information to you once it is available.
Ms. J olinski responded by email Thursday, J uly 31, 2014 at 11:16 AM (copy enclosed)
In addition, as I previously stated in my J uly 30, 2014 email, an inquiry by telephone to our ACAP
Hotline does not result in public documents if a written complaint is not submitted. Consequently,
there are no public records associated with the ACAP inquiries.
Mary Ellen Bateman responded by email Friday, August 01, 2014 6:24 PM (copy enclosed)
Hello Mr. Gillespie:
I am in receipt of your correspondence of J uly 31, 2013 to J ohn F. Harkness, J r., Executive
Director of The Florida Bar. I am responding on behalf of Mr. Harkness.
Your letter provides a Notice of Constitutional Challenge related to Ms. J olinski's "contention that
ACAP Hotline telephone inquires are not public records." I am writing to help explain the bar's
position. I do not wish to add to the confusion but it is difficult, sometimes to communicate about
these matters via email.
When The Florida Bar responds to public records requests for its records, we are bound by the
Rules Regulating The Florida Bar, the Rules of J udicial Administration, and other applicable law.
The records of The Florida Bar are administrative records as set forth by the Rules of J udicial
Administration, as you have correctly noted. When it comes to the records of complaints or
inquiries related to lawyers, there are specific rules that apply. The public record in those matters
is defined for us by the Rules Regulating The Florida Bar and we at the bar must abide by those
rules. The definition of a public record for the purposes of a lawyer regulation matter is set forth in
the Rules of Discipline, Chapter 3 of the Rules Regulating The Florida Bar. Rule 3-7.1(b) defines
the public record as "the record before a grievance committee, the record before a referee, the
record before the Supreme Court of Florida, and any reports, correspondence, papers,
recordings, and/or transcripts of hearings furnished to, served on, or received from the
respondent or the complainant." Because there are no records that meet the above definition in
either ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 - Castagliuolo/Tomaso, (in other words,
there is no correspondence, paper, etc. furnished to or received from the respondent or
complainant, and no records before the grievance committee, referee or court), there are no
public records to provide to you.
However, as Ms. J olinski reported, there are records that meet the public records definition in two
of the ACAP files you inquired about - ACAP 14-9913 - Rodens/Gillespie and ACAP 14-14302 -
Barker/Gillespie. Ms. J olinski has provided you with the cost associated with providing those
records.
I hope this helps. We are trying to provide you with all the public records related to your inquiries,
but we must abide by the definition as set forth by our rules.
If you decide you would like to obtain the records related to the two ACAP files that did have
public records available, please contact Ms. J olinski directly.
Please let me know if you have any questions.
Mary Ellen Bateman
Division Director
Ethics & Advertising, UPL and Special Projects
The Florida Bar
651 E. J efferson Street
(850)561-5777
mbateman@flabar.org
I responded to Ms. Bateman by email Wednesday, August 06, 2014 4:42 PM, and by letter
emailed to Ms. Bateman, and persons and entities shown on the service list
Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
VIA Email only: mbateman@flabar.org
Dear Ms. Bateman:
In response to your email below, your contention that only "correspondence, paper,
etc." documents are public records is not correct. When ACAP receives by telephone a
Request For Assistance, an electronic record is made of the RFA by ACAP staff, which is
a public record. The electronic record of the RFA entered into The Bars computer is
outside Rule 3-7.1(b) because a telephone call is not a sworn complaint. Only sworn
complaints meet the Form of Complaints in Rule 3-7.3(c)
Rule 3-7.3(c) Form for Complaints. All complaints, except those initiated by The
Florida Bar, shall be in writing and under oath. The complaint shall contain a
statement providing: Under penalty of perjury, I declare the foregoing facts are
true, correct, and complete.
Therefore Ms. Bateman, your reliance on Rule 3-7.1(b) is misplaced. Unfortunately, it
appears you are misusing your public position to corruptly benefit/protect Mr. Rodems,
Mr. Bauer and Mr. Castaoliuolo.
On Thursday, J une 26, 2014 at 2:12 PM Ms. J olinski emailed me, stating in part, "3 were
inquiries resulting in no public documents". [Ms. J olinskis email is attached in PDF].
The inquiries are shown below.
The above case numbers, ACAP 14-2445, ACAP 14-14506, and ACAP 14-14243 are
partial electronic public records of three ACAP telephonic Requests For Assistance. I
demand The Florida Bar immediately provide the full public records, "regardless of
physical form, characteristics, or means of transmission" Rule 2.420(b)(1).
The record of a telephonic RFA is an administrative record under Rule 2.440(a)(2)(B),
and a public record under Rule 2.420 Access to J udicial Branch Records.
Rule 2.440. Retention of J udicial Branch Administrative Records.
(a) Definitions.
(1) "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.
(2) "Records of the judicial branch" means 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 consists of:
(B) "administrative records," which means 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.
Rule 2.420 Access to J udicial Branch Records.
(b) Definitions.
(1) "Records of the judicial branch" are all records, regardless of physical form,
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.
Because ""Records of the judicial branch" are all records, regardless of physical form,
transaction of official business by any judicial branch entity", your contention below that
only "correspondence, paper, etc." documents are public records is not correct, and an
apparent violation of F.S. 112.313(6) MISUSE OF PUBLIC POSITION, to corruptly
benefit/protect Mr. Rodems, Mr. Bauer and Mr. Castaoliuolo.
Ms. Bateman, your reliance on Rule 3-7.1(b), emailed Friday, August 01, 2014 6:24 PM,
shown below, does not apply because a telephone inquiry is not a sworn complaint. All
complaints must be sworn. Rule 3-7.3(c).
"Rule 3-7.1(b) defines the public record as "the record before a grievance
committee, the record before a referee, the record before the Supreme
Court of Florida, and any reports, correspondence, papers, recordings,
and/or transcripts of hearings furnished to, served on, or received from the
respondent or the complainant." Because there are no records that meet
the above definition in either ACAP 14-2445 -Bauer/Evans or ACAP 14-
14243 - Castagliuolo/Tomaso, (in other words, there is no
correspondence, paper, etc. furnished to or received from the respondent
or complainant, and no records before the grievance committee, referee or
court), there are no public records to provide to you."
Ms. Bateman, your contention that only "correspondence, paper, etc." documents are
public records is not correct. A telephoned Request For Assistance results in an
electronic record of the RFA made by ACAP staff, and a public record under Rule
2.420(b)(1) "Records of the judicial branch" are all records, regardless of physical form,
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.
Access to Florida Bar administrative records is Constitutionally guaranteed (Art. I, Sec.
24, Fla. Const.) through Rule 2.420, Access to J udicial Branch Records. Therefore, The
Florida Bar is Constitutionally required to provide records of "an inquiry by telephone to
our ACAP Hotline", an administrative record under Rule 2.440(a)(2)(B), "regardless of
physical form, characteristics, or means of transmission, made or received in connection
with the transaction of official business".
The Florida Constitution is the supreme law of Florida, superseded only as provided by
Article Six, Clause 2, of the United States Constitution,
"This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
J udges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding."
Ms. Bateman, this is a request for the public record of your loyalty oath as a public
employee and recipient of public funds from the state of Florida, that he/she supports the
Constitution of the United States, and Florida. (Art. II, Sec. 8, Fla. Const.). Provide also
the loyalty oath for Mr. Harkness and Ms. J olinski.
I am providing this email to Governor Rick Scott. I welcome comments from persons
more knowledgeable than me on whether "an inquiry by telephone to [the] ACAP
Hotline" a public record; or is a sworn complaint under Rule 3-7.3(c); whether public
records are limited to "correspondence, paper, etc."; or whether a closed bar
complaint is a public record for one year after closure and subject to public disclosure.
Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
cc: Prof. Sandra Chance, schance@jou.ufl.edu
The Brechner Center for Freedom of Information
College of J ournalism and Communications
http://www.brechner.org/
cc: Craig Waters, Public Information Office
watersc@flcourgs.org
publicinformation@flcourts.org
cc: First Amendment Foundation
Sunshine@floridafaf.org
cc: Gregory W. Coleman, Florida Bar President 2014-2015
Email: gcoleman@bclclaw.com
cc: Ramon A. Abadin, President-elect 2014-15
Email: ramon.abadin@sedgwicklaw.com
cc: J ohn F. Harkness
Executive Director and Records Custodian
Email: jharkness@flabar.org
cc: J enny R. J olinski, CRM CDIA+
Records Manager, The Florida Bar
Email: J jolinski@flabar.org
cc: Thomas A. "Tad" David, OSCA
Email: davidt@flcourts.org
cc: J ohn Tomasino, Clerk, Supreme Court
Rule 1-14.1(a): response of Ms. Bateman August 6, 2014
Email Wednesday, August 06, 2014 5:09 PM
Mr. Gillespie:
Thank you for your response. I do not have any responsive records to your request for my loyalty
oath as well as the loyalty oaths of Mr. Harkness and Ms. J olinski.
Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
mbateman@flabar.org
Rule 1-14.1(a): request for loyalty oaths to J ohn Harkness August 8, 2014
As of today, August 19, 2014, the requested loyalty oaths were not produced
Dear Mr. Harkness,
My request for public records to you J uly 28, 2014 requested, inter alia, Loyalty oaths for
Florida Bar employees...J enny R. J olinski, CRM CDIA+, Records Manager for The Florida Bar
responded by email yesterday, inter alia, The bar has no responsive records to your request....
Therefore, it appears the above listed Bar employees/former employees are in violation of,
Section 876.05, Florida Statutes, Public employees; oath.
Section 876.06, Florida Statutes, Discharge for refusal to execute.
Section 876.08, Florida Statutes, Penalty for not discharging
Section 876.09, Florida Statutes, Scope of law.
Please respond to my accusation by the close of business today. In the alternative I will proceed
on the basis that the above listed Bar officers, employees/former employees violated the statutes
shown. The statutes are attached. You are free to take any action, or no action. Thank you.
Sincerely,
Neil J . Gillespie
Rule 1-14.1(a): corrected request for loyalty oaths to Mary Ellen Bateman August 11, 2014
Ms. Bateman,
My records request for loyalty oaths under Article II, Section 8, Fla. Const. was misplaced.
Section 8 is Ethics in government.A public office is a public trust.
Corrected records request. Provide records of loyalty oaths required under any authority for
Florida Bar employees as recipients of public funds from the state of Florida that you support the
Constitution of the United States, and Florida. If there are no responsive records, provide records
showing where the records of such loyalty oaths are found; or you can tell me where the records
are located. Thank you.
Sincerely,
Neil J . Gillespie
Rule 1-14.1(a): corrected request for loyalty oaths to J enny J olinski August 11, 2014
J enny R. J olinski, CRM CDIA+
Dear Ms. J olinski,
Here are my responses to recent emails you provided....
...My records request for loyalty oaths under Article II, Section 8, Fla. Const. was misplaced.
Section 8 is Ethics in government.A public office is a public trust.
Corrected records request. Provide records of loyalty oaths required under any legal authority for
showing where the records of loyalty oaths are located; or you can tell me where the records are
located.
Sincerely,
Neil J . Gillespie
Rule 1-14.1(a): request for loyalty oaths to Francesca Ciaccio-Freeman August 12, 2014
Francesca Ciaccio-Freeman
Director, Human Resources
The Florida Bar
Dear Ms. Ciaccio-Freeman,
Good afternoon.
Does Human Resources keep loyalty oaths for Florida Bar employees as recipients of public
funds from the state of Florida that they support the Constitution of the United States, and
Florida? If so, this is a request for copies of the records. If not, do you know where I can find
who keeps loyalty oaths for Florida Bar employees?
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J . Gillespie
Rule 1-14.1(a): corrected request for loyalty oaths to J ohn Harkness August 12, 2014
As of today, August 19, 2014, the requested loyalty oaths/records were not produced
Dear Mr. Harkness:
yourself, and Florida Bar employees as recipients of public funds from the state of Florida that
you support the Constitution of the United States, and Florida. If there are no responsive records,
provide records showing where the records of such loyalty oaths are found.
Enclosed you will find copies of my corrected records request to Ms. J olinski, Ms. Bateman, and
Francesca Ciaccio-Freeman, Director, Human Resources, for The Florida Bar. Unfortunately
none of The Bar employees responded, so I direct the records request to you.
My enclosed email to Ms. J olesnki shows in part,
My attached response to Ms. Bateman shows the following ACAP telephone inquires are
public records. ACAP telephone inquires are not sworn Bar complaints, "Rule 3-7.3(c)
Form for Complaints. All complaints, except those initiated by The Florida Bar, shall be
in writing and under oath....". ACAP telephone inquires are not in writing and not made
under oath. Provide the records of the following telephonic ACAP inquires:
Unfortunately Ms. J olinski did not respond. It appears Ms. J olinski has corruptly used or
attempted to use her official position or any property or resource which may be within her trust,
or failed to perform her official duties, to secure a special privilege, benefit, or exemption for
herself or others, Mr. Bauer, Mr. Rodems, and Mr. Castaoliuolo, and in doing so violated section
112.313, Florida Statutes, Standards of conduct for public officers, and employees of agencies....
... It appears The Florida Bar is a "subversive organization" within the meaning of Chapter 876,
Florida Statutes, Criminal Anarchy, Treason, and Other Crimes Against Public Order.
The Florida Bar, Executive Director J ohn F. Harkness et al, the Florida Supreme Court, Attorney
General Pam Bondi et al, and certain federal judicial officers and employees, engaged, inter alia,
in the fraud and impairment of Petition No. 12-7747 to the U.S. Supreme Court, 18 U.S.C. 371,
and other crimes described in the enclosed Department of J ustice Criminal Resource Manual
1739, that include the Attorney Generals paralegal Sandra L. Burge obtaining a position as a
paralegal to David A. Rowland, General Counsel of the Thirteenth J udicial Circuit, whereupon
Ms. Burge obstructed Petition No. 12-7747, and obstructed justice, as an agent for the Attorney
General and The Florida Bar et al., operating from within the Thirteenth J udicial Circuit.
The criminal combination of the Attorney General (Executive Branch), and The Florida Bar, an
arm of Florida Supreme Court (J udicial Branch), violates, inter alia, the separation of powers
mandated by the Florida Constitution.
Article II, Section 3. Branches of government.The powers of the state government
shall be divided into legislative, executive and judicial branches. No person belonging to
one branch shall exercise any powers appertaining to either of the other branches unless
expressly provided herein.
The purpose of separate branches of government is to protect individual freedoms and prevent
the government from abusing its power. A remedy for The Florida Bar is found in section
876.26, Florida Statutes; the subversive organization [The Florida Bar] "shall be dissolved".
"876.26 Unlawful for subversive organizations to exist or function.It shall be unlawful
for any subversive organization or foreign subversive organization to exist or function in
the state and any organization which by a court of competent jurisdiction is found to have
violated the provisions of this section shall be dissolved,..." (enclosed)...
...Provide a response to this records request immediately. Also, I do not show a response from
you to my letter of J uly 28, 2014 for matters other than public records. (enclosed). I do not show
a response from you to my letter of August 8, 2014. (enclosed). Please respond immediately.
Sincerely,
Neil J . Gillespie
Rule 1-14.1(a): request for records to J enny J olinski August 13, 2014
As of today, August 19, 2014, the requested records were not produced
Dear Ms. J olinski,
Thank you for the PDF TFB Email Policy. Unfortunately the record does not respond to
significant parts of my request, highlighted below. You wrote, "We have no records responsive
to your request regarding "Email is a message delivery system.""
Well, that statement appears on "TFB_Record_Series_2014", which is attached and highlighted,
and states, "Email is a message delivery system. It is not a record no more than an envelope is a
record. It is the content of the message that determines if it is a record and in which record series
the message is placed." I do not believe the Bars statement is accurate, but is used to evade
compliance with Rule 2.440. Retention of J udicial Branch Administrative Records, and Rule
2.420(a), Public Access to J udicial Branch Records. BTW, the U.S. Postal Service collects
information on envelopes as a record for law enforecment in the "mail cover" program,
Error! Bookmark not defined. So an envelope itself is a record.
Provide records showing why you and other Bar personal delete PDF documents attached to
email which must be retained under Rule 2.440. Retention of J udicial Branch Administrative
Records. Rule 2.440.(a) Definitions (2) "Records of the judicial branch" means 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 consists of:
(B) "administrative records," which means 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.
Original records request No. 3 dated J uly 28, 2014:
The legal basis that "Email is a message delivery system. It is not a record no more than an
envelope is a record. It is the content of the message that determines if it is a record and in which
record series the message is placed." (Exhibit 1). The legal basis for deleting PDF attachments to
email sent or received by The Florida Bar. For example, Ms. J olinskis email Wednesday, J une
25, 2014 10:02 AM, Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17,
shows, "[attachment "Center for Professionalism_ Regulating - Oath.pdf" deleted by J enny
J olinski/The Florida Bar]".
Also see at the end of this email chain, "[attachment "Letter to Mary Ellen Bateman August 6,
2014 18p.pdf" deleted by J enny J olinski/The Florida Bar]"
Ms. J olinski, why did you apprently delete on August 6, 2014 a public record which must be
retained under Rule 2.440. Retention of J udicial Branch Administrative Records. Rule 2.440.(a)
Definitions (2) "Records of the judicial branch" means 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 consists of: (B) "administrative records,"
which means 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.
Provide the responsive records immediately. Otherwise a reasonable person could conclude that
the above highlighted practices are not lawful, and concocted for the purpose of fraud or a
prohibited activity, See The Florida Bar Staff Manual Policies Related to E-Mail, specifically
Prohibited Activities, Prohibited activities include, but are not limited to, the following,
1. Engaging in illegal activities.
2. Uploading, downloading, or otherwise transmitting any illegal information or materials
10. ...Fraudulent, harassing or obscene messages are prohibited.
Thank you in advance for the courtesy of a legitimate, honest, complete, and truthful response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Phone: (352) 854-7807
cc: Mr. J ohn F. Harkness, Executive Director, The Florida Bar, via email, jharkness@flabar.org
Mr. Thomas A. Tad David, General Counsel, OSCA, via email, davidt@flcourts.org
Mr. J ohn A. Tomasino, Clerk, Supreme Court of Florida
Rule 1-14.1(a) Access To Records - August 19, 2014
List of record requests, responses, and other documents
Note: This list is fairly comprehensive and representative, but not exhaustive.
J une 6, 2014 Records request to Mr. Harkness, 67p, VIA UPS 1Z64589FP299145877
J une 6, 2014 Email response Ms. J olinski, Monday, J une 09, 2014 9:34 AM
J uly 16, 2014 Records request to Mr. Harkness, 9p, VIA UPS No. 1Z64589FP292407249
J uly 28, 2014 Records request to Mr. Harkness, 30p, VIA UPS No. 1Z64589FP290127297
J uly 30, 2014 Email of Ms. J olinski response to J uly 16th request Wed., J uly 30, 2014 10:42 AM
J uly 31, 2014 Email of Ms. J olinski costs, no ACAP records, Thursday., J uly 31, 2014 11:16 AM
August 1, 2014 Email Ms. Bateman response for Mr. Harkness ACAP, Friday, Aug. 1, 2014 6:24 PM
August 06, 2014 Email of NJ G response to May Ellen Bateman, August 06, 2014 at 4:42 PM
August 06, 2014 Letter of NJ G response to May Ellen Bateman, emailed August 06, 2014 at 4:42 PM
August 06, 2014 Email of Ms. Bateman, no record of loyalty oaths, Wed., August 06, 2014 5:09 PM
August 07, 2014 Email of Ms. J olinski response to J uly-28th request, Thurs., August 07, 2014 3:41 PM
August 08, 2014 Records request/oath issue Mr. Harkness, VIA Email: jharkness@flabar.org
August 11, 2014 Email NJ G to Ms. Bateman, corrected request/oaths, Monday, Aug. 11, 2014 5:05 PM
August 11, 2014 Email NJ G to Ms. J olinski, corrected request/oaths, Monday, Aug. 11, 2014 6:28 PM
August 12, 2014 Email request to Ms. Ciaccio-Freeman, oaths, August 12, 2014 12:39 PM
August 12, 2014 Records request/oath issue Mr. Harkness, 22p, UPS No. 1Z64589FP293807341
August 13, 2014 Email request to Ms. J olinski, email system, PDF delete, August 13, 2014 12:23 AM
Separate Appendix, Petitioners Supplemental Brief, SCOTUS Petition 13-7280 (Castagliuolo) Note: I was
unable to file Petitioners Supplemental Brief due to illness and disability.
VIA UPS 1Z64589FP299145877 J une 6, 2014
Mr. J ohn F. Harkness
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 Reporters
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" <kimberlypruett@earthlink.net>
To: <neilgillespie@mfi.net>
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 Pruetts 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 Bars 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,
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.
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 Sheriffs
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. CNNs 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.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: (352) 854-7807
Enclosures

Neil Gillespie
To: <neilgillespie@mfi.net>
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 gyoung@carltonfields.com
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 Pruetts
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. Crafts statement is correct, I did not received a response from Mr. Bauer as indicated. This
is not surprising given Mr. Bauers 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 Bauers behavior intended to intimidate me and obstruct justice.
Email of Kim Pruett, J anuary 28, 2013 - Exhibit A to Mr. Bauers Response
The single remarkable item provided by Ms. Craft was Exhibit A to Mr. Bauers 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
Pruetts 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. Bauers 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 <kimberlypruett@earthlink.net>
"rwb@bauerlegal.com" <rwb@bauerlegal.com>
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
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. Bauers 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 Pruetts 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 Im 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
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
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
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
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
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,
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
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
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
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 Bars 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. Bauers
misconduct should get together for dinner and reminisce.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, FL 34481
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?
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?
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 dont 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
you know the call was from a lady in Ocala? Could it have been a call from someone in
Gainesville, perhaps a friend of Bauers? Or his wife? Or Beverly E Lowe, Bauers
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 clients 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 clients affairs
with the utmost degree of honesty, forthrightness, loyalty, and fidelity.
(Gerlach v. Donnelly, 98 So. 2d 493).
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. McGraths 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 dont
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
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
mfox@mfoxlawgroup.com
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.
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 dont 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
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
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 33.4(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. Crafts 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
_______________________________________
Exhibit 1 Email of Kim Barry, J anuary 28, 2013 Exhibit A to Mr. Bauers 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
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.

<I.LJ

John Hillman, CEO
Nationwide Title Clearing, Inc.

Neil Gillespie
From: "Scott Open Government" <scottopengov@eog.myflorida.com>
To: "Neil Gillespie" <neilgillespie@mfi.net>
Cc: "Lesser, Brittany" <Brittany.Lesser@dos.myflorida.com>
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 Governors 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
Floridas schools prepare students for college and careers. Sign up to receive Governor Scotts e-mail updates at
www.FLGov.com/newsletter.

@ItsWorkingFL

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
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" <neilgillespie@mfi.net>
To: "Scott Open Government" <scottopengov@eog.myflorida.com>
Cc: "Lesser, Brittany" <Brittany.Lesser@dos.myflorida.com>; "General Counsel"
<DOS.GeneralCounsel@dos.myflorida.com>; "Governor Rick Scott"
<Rick.Scott@eog.myflorida.com>; "Pam Bondi" <pam.bondi@myfloridalegal.com>; "Adam Putnam"
<Adam.Putnam@freshfromflorida.com>; "J eff Atwater" <J eff.Atwater@myfloridacfo.com>; "Paul F
Hill" <phill@flabar.org>; "Gregory William Coleman" <gcoleman@bclclaw.com>; "Eugene Keith
Pettis" <epettis@hpslegal.com>; "Special Rapporteur Gabriela Knaul"
<SRindependenceJ L@ohchr.org>; "Shuaib Chalklen Special Rapporteur Disability"
<enable@un.org>; "Hyacinthe Medenou" <HMedenou@ohchr.org>; "Revi Kumar"
<rkumar@ohchr.org>; "C Christopher Anderson, III" <anderson.chris@leg.state.fl.us>; "Virlindia A
Doss" <doss.virlindia@leg.state.fl.us>; "Michelle Wilson" <michelle.wilson@fchr.myflorida.com>;
"Gilbert Singer" <gsinger@marcadislaw.com>
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

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 dont understand Mr. Hillmans letter to Gov. Scott, which I got from Carter Andersen of the J NC,
see attached.
A reasonable person might read Mr. Hillmans 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. Lessers referral,
"For the other oaths you will need to contact the Attorney Generals 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.scribd.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: <eugene@tampaconsumerlawyer.com>
To: "Leonard E Clark" <LClark@flabar.org>
Cc: sbloemen@flabar.org, "Ryan Rodems" <Rodems@barkerrodemsandcook.com>
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: <eugene@tampaconsumerlawyer.com>
To: "Leonard E Clark" <LClark@f1abar.orq>
Cc: sbloemen@flabar.orq, "Ryan Rodems" <Rodems@barkerrodemsandcook.com>, "Michael Laurato"
<MLaurato@austinlaurato.com>, GYounq@carltonfields.com
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. Castagliuolos employment file with the state of Florida?
Or the oaths of office for the Attorney General et al?
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Phone: 352-854-7807
----- 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

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
PL-04 The Capitol
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
Floridas schools prepare students for college and careers. Sign up to receive Governor Scotts e-mail updates at
www.FLGov.com/newsletter.
@ItsWorkingFL

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

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 Generals 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
Phone: 352-854-7807
From: Lesser, Brittany
To: Neil Gillespie ; General Counsel
Cc: Scott Open Government

Mr. Gillespie,

We are in the process of locating the letter. For the other oaths you will need to contact
the Attorney Generals office.

Thank you,

Brittany Lesser
500 South Bronough Street
850.245.6522
850.245.6125
Brittany.lesser@dos.myflorida.com
dos.state.fl.us / vivaflorida.org
Sent: Wednesday, J anuary 29, 2014 5:55 PM

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
From: Lesser, Brittany
To: Neil Gillespie ; General Counsel
Sent: Friday, J anuary 24, 2014 5:33 PM

Mr. Gillespie,

We are looking through our archives to see if we have the letter you requested and Ill be
in touch about that. Attached are the oaths you requested.

Thank you,

Brittany Lesser
500 South Bronough Street
850.245.6522
850.245.6125
Brittany.lesser@dos.myflorida.com
dos.state.fl.us / vivaflorida.org

Sent: Thursday, J anuary 23, 2014 2:09 PM
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?
Neil Gillespie
From: Neil Gillespie
To: Brittany Lesser
Cc: DOS.GeneralCounsel@DOS.MyFlorida.com ; Neil Gillespie
Sent: Wednesday, J anuary 22, 2014 2:20 PM
Subject: request for public records

Brittany Lesser, Communications Director
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.
Page 7of 8
2/11/2014
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop

@ItsWorkingFL

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Page 8of 8
2/11/2014

November 8, 2011

The Capitol, PL05



I am writing with respect to the pending nomination of Ryan Christopher (Chris) Rodems to serve



crafting appropriate responses to local news stories concerning the credit collapse of 2008, and

involved and suggest a plan of action that will lead to a winning resolution. I have never seen him yield
directly on strategies that will lead to solutions.



Sincerely,

John Hillman, CEO
PAMBONDI
ATTORNEYGENERAL
STATEOFFLORIDA
OFFICEOFTHEATTORNEYGENERAL
ExecutiveStaff
PL-O1TheCapitol
Tallahassee,FL32399-1050
Phone(850)414-3990 Fax(850)487-2564
http://www.myjloridalegal.com
January 10,2013
Mr. NeilJ. Gillespie
8092SW115
th
Loop
Ocala, FL34481
DearMr. Gillespie:
ThiswillrespondtoyourDecember26letterinwhich,pursuantto Ch. 119,F.S.,you
makethefollowingrequestforpublicrecords:
"thepersonnelfile ofEugeneP. Castagliuolo."
TheAttorneyGeneral'sofficeofHumanResourceshasbeenunableto locatethe
personnelfile ofMr. Castagliuolo. Hisnameisonanemployeespreadsheetkeptbythe
officeandheislistedasbeinganemployeeof theAttorneyGeneral'sTampaEconomic
Crimesdivisionfrom September19, 1995throughOctober3, 1996. Thisistheonly
informationweareabletolocateatthistime. Shouldyouhaveanyquestionsorconcerns,
pleasedo nothesitateto contactourofficeat850-245-0140.
Sincerely,
~ ~
LeslieJacobs
PublicRecordsCoordinator
.. "7 .... '.,..... ,... ,,",.'. ; r r.. .111 I."I. II I I II t 1 111 I .....,
TT
"T . "... .. '" ' __ I. 's., ;*1
r" ~ S'I" 1 .- ... J ... _ _.. ~ ..
, OfficeoftheAttorneyGeneral ~ 016H26525733
PL01,TheCapitol ~ '- $0045
Tallahassee,FL32399-1050 '* ._
0
fa 01/10i2013
:J: MailedFrom 32399
US POSTAGE
Mr.NeilJ. Gillespie
8092 SW11S
th
Loop
Ocala,FL34481
3Cj.481 :::':i5E:7 Ri:;E:7 i I.Ii"i .. i I ill Ii "i utili 1111 IIi,i II11 IIiJ 11It. i. IIIi IIi" 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: jharkness@flabar.org Email to: jberry@flabar.org
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
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 Pruetts 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.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
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
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

The Capitol, PL05



I am writing with respect to the pending nomination of Ryan Christopher (Chris) Rodems to serve



crafting appropriate responses to local news stories concerning the credit collapse of 2008, and

involved and suggest a plan of action that will lead to a winning resolution. I have never seen him yield
directly on strategies that will lead to solutions.



Sincerely,

John Hillman, CEO

Neil Gillespie
From: "J enny J olinski" <J J olinski@flabar.org>
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
850-561-5708
Jjolinski@flabar.org

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.

To: "Jenny Jolinski" <JJolinski@flabar.org>
Date: 08/20/2013 02:40 AM
Subject: Re: Public Record Request - 2013/08/12

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
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,

Records Manager,
The Florida Bar
850-561-5708

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
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,

Records Manager,
The Florida Bar
850-561-5708

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.

Cc: "John F Harkness" <jharkness@flabar.org>, "John Thomas Berry" <jberry@flabar.org>, "Adria E Quintela" <aquintel@flabar.org>,
"Eugene Keith Pettis" <epettis@hpslegal.com>, "Gregory William Coleman" <gcoleman@bclclaw.com>, "Paul F Hill" <phill@flabar.org>,
"Neil Gillespie" <neilgillespie@mfi.net>
Date: 04/15/2014 11:00 AM

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
(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 custodians 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.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Phone: 352-854-7807
Email; neilgillespie@mfi.net
To: Neil Gillespie
Sent: Tuesday, April 15, 2014 9:40 AM

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,

Records Manager,
The Florida Bar
850-561-5708


To: "Jenny Jolinski" <JJolinski@flabar.org>, "John F Harkness" <jharkness@flabar.org>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 04/08/2014 09:44 AM
Page 3of 5
6/5/2014

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.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Phone: 352-854-7807
Email; neilgillespie@mfi.net
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,

Records Manager,
The Florida Bar
850-561-5708

Records Manager,
The Florida Bar
850-561-5708

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: davidt@flcourts.org
Thomas A. David, General Counsel
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
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 Reporters
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 Woodwards 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.
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.
Smith said she was not surprised that the incident reached the highest level of Floridas
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 Woodwards 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.)
Im 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.
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
Telephone: 352-854-7807
Enclosures
Page 1
DIRECTORY
FLORIDA COURT ADA COORDINATORS
Revised: February 7, 2012

SUPREME COURT

Mr. Silvester Dawson
Marshal
500 S. Duval Street
Phone: 850-488-8845
Fax: 850-921-2775

1st DISTRICT COURT OF APPEAL

Mr. Stephen Nevels
Marshal
2000 Drayton Drive
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
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 DAuria
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
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
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 shes 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 hadnt 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 its 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 Woodwards 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 courts 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 Floridas 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 dont have any disabilities,
I am certainly aware that we could do more and we have an opportunity to do that. Im very excited about
it.
Smith said she was not surprised that the incident reached the highest level of Floridas 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.
News HOME
I believe in advocacy. Get the word out. Things need to be changed and studied and improved. Thats
what advocates do, Smith said.
But Woodward said, It surprised me that it went that far. Im thrilled the chief justice did say something
about this, so that its on everybodys radar. It shouldnt 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.
Im 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 |
Thirteenth J udicial Circuit Florida - Hillsborough County Florida
Quadriplegic disabled man Brian Sterner dumped from wheelchair on floor by Sheriffs 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 Sheriffs Office spokesman
feeling from his mid-chest down.

Reporter Mike Deeson - thanks Mike! Sheriffs deputy thinks its funny.
http://youtu.be/huRYZAJ8wzA
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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.
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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.

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 ccora@sptimes.com Rodney Thrash can be reached at
(813) 269-5303 or rthrash@sptimes.com.

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]
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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.
"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 ccora@sptimes.com Rodney Thrash can be reached at (813) 269-5303 or rthrash@sptimes.com.

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

Neil Gillespie
Cc: "Ghunise Coaxum" <gcoaxum@flabar.org>; "J ohn F Harkness" <jharkness@flabar.org>; "Patricia
Ann Toro Savitz" <psavitz@flabar.org>
Sent: Monday, J une 09, 2014 9:34 AM
Subject: Re: Records request
Page 1of 1
8/18/2014
I will coordinate this one. Jenny

Records Manager,
The Florida Bar
850-561-5708


To: "John F Harkness" <jharkness@flabar.org>, "Jenny Jolinski" <JJolinski@flabar.org>, "Ghunise Coaxum" <gcoaxum@flabar.org>,
"Patricia Ann Toro Savitz" <psavitz@flabar.org>, "Barry Rodney Davidson" <bdavidson@hunton.com>
Date: 06/06/2014 06:48 PM
Subject: Records request

[attachment "Florida Bar records request J ohn Harkness J un-06-2014 67p.pdf" deleted by J enny
J olinski/The Florida Bar] [attachment "OSCA records request May-27-2014 Tad David.pdf" deleted by
J enny J olinski/The Florida Bar]
VIA UPS No. 1Z64589FP292407249 J uly 16, 2014
The Florida Bar
Dear Mr. Harkness:
Responses by Ms. J olinski, Records Manager for The Florida Bar, provided by email Thursday,
J une 26, 2014 at 10:18 AM appear incorrect. Ms. J olinskis email is attached in PDF
Ms. J olinski wrote Three are inquiries in which no complaint was filed and consequently there
are no public documents. First, I am seeking public records, not public documents. Three
inquiries certainly resulted in public records, regardless of whether a complaint was filed. The
public records would include the identity of the persons making the inquires, the identity of the
lawyers in question, and a description of the subject matter. See below the Florida Rules of
J udicial Administration, Rule 2.420. Public Access to J udicial Branch Records.
Responses by Ms. J olinski provided by email Thursday, J une 26, 2014 at 2:12 PM also appear
incorrect. Ms. J olinskis email is attached in PDF.
Again, I am seeking public records, not public documents. If the inquires are closed, then there
are public records, and Ms. J olinski is wrong. See the Florida Rules of J udicial Administration,
Rule 2.420. Public Access to J udicial Branch Records.
Rule 2.420(b) Definitions (1) Records of the judicial branch are all records, regardless of
Rule 2.420(b) Definitions (1)(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
Rule 2.420(b) Definitions (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.
Mr. J ohn F. Harkness, Executive Director and Records Custodian J uly 16, 2014
The Florida Bar Page - 2
Ms. J olinski has not claimed any exemption to providing the records. Therefore, provide the
records immediately.
Ms. J olinski wrote J une 26, 2014 at 10:18 AM in part Fla.R.J ud. Admin 2.420(m)(3) and
Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public
records for inspection or copying within the judicial branch. and presented an invoice for
$227.63, PDF attached. I responded, The amount on the invoice, $227.63, is well beyond my
ability to pay. The invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39
per hour. Okay, I will file with Mr. Harkness a request for the records in forma pauperis, and
appeal any denial through the courts. There are other significant records bills elsewhere, so Ill
draft one petition for all of them.
Until then, kindly provide the cost for the each individual record below, so that I can make an
informed choice.
Mr. Bauer
201300541 - complainant: Gillespie
ACAP 14-2445 - Evans (no public documents)
201400144 - complainant: Wilson
Mr. Rodems
ACAP 14-9913 - Gillespie
ACAP 14-14506 - Francis (no public documents)
Mr. Barker
201490116 - Gillespie
Mr. Castaoliuolo
201211345 - Bessler (previously provided, no new documents per Lawyer Regulations)
201310162 - Gillespie (Provided by the Tampa office)
201310922 - Volpe
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: (352) 854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Enclosures
651 East Jefferson Street, Tallahassee, FL 32399-2300 (850) 561-5600 FAX: (850) 561-9405 www.floridabar.org

The Florida Bar
John F. Harkness, Jr.
Executive Director
651 East Jefferson Street, Tallahassee, FL
32399-2300
850-561-5600
www.FLORIDABAR.org
J une 23, 2014

Neil J . Gillespie
8092 SW 115th Loop

Public Records Request CCOL-9KWJ X8

ESTIMATE INVOICE

Description Quantity Estimate Unit Price Fee Estimate
Clerical Time 17.00 hours $13.39/hr $227.63

TOTAL $227.63

**Make checks payable to The Florida Bar. Please remit copy of estimate with payment**
**Request will be cancelled if payment is not received within 30 days**

Remit Payment To: The Florida Bar
Cash Receipts
651 E. J efferson St.

Records Management
Attn: J enny R. J olinski

(Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish
fees applicable to the production of public records for inspection or copying within the
judicial branch.)

Neil Gillespie
To: "Neil Gellespie" <neilgillespie@mfi.net>
Sent: Thursday, J une 26, 2014 10:18 AM
Attach: Letter to Chief J ustice Polston.pdf; Polston Letter - 2nd Accounting of ADA Compliance.pdf;
Gillespie.pdf
Subject: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06
Page 1of 2
7/16/2014
Dear Mr. Gillespie,
I am responding to requested fro your June 6, 2014 request per Rule 2.420 Florida Rules of Judicial
Administration and applicable law. Please send correspondence related to this request to my attention.

Your Request:

The Public Information Department provided the following records in response to your request.

Your Request

I [Gillespie] 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

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.

Mr. Paul Hill, General Counsel, indicates that he has no responsive records regarding your request.

Your Request

1A. Bar complaints against Robert W. Bauer, Bar ID 11058



Our Lawyer Regulation Department indicates that there are no public records for William John Cook.

The Lawyer Regulation Department estimates that it will require approximately 17 hours to collect,
review and redact, if required, the records you have requested. I have attached an estimate of fees.
Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable
to the production of public records for inspection or copying within the judicial branch. Before the
records you have requested can be produced and delivered, it will be necessary for you to remit the fee
indicated on the enclosed estimate. Any amount in excess of the actual cost when the work is
performed will be returned to you

There are 11 inquiries, complaints, or cases on the list. Of that list, 5 are complaints and cases in
which you are the complainant. Three are inquiries in which no complaint was filed and consequently
there are no public documents. And you have been provided 2013-10,922 (Castagliuolo) previously.
Further, the bar disposes of files that are closed by bar counsel or a grievance committee without a
finding of probable cause, one year after the date the files were closed. Per Rule 3-7.1, Rules
Regulating the Florida Bar, files now pending at the initial staff or grievance committee levels of
investigation are confidential.

If we have not received a response from you within 30 days, this request will be closed.

Regards,

Records Manager,
The Florida Bar
850-561-5708

Page 2of 2
7/16/2014

Neil Gillespie
Sent: Thursday, J une 26, 2014 2:12 PM
Subject: Re: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06
Page 1of 4
7/16/2014
Mr. Gillespie:

Here are the list of inquiries, complaints and cases as you requested. In 5, you are the complainant; 3
were inquiries resulting in no public documents; and the balance are indicated below.
Mr. Bauer
ACAP 14-2445 -Evans (no public documents)

Mr. Rodems

Mr. Barker

Mr. Castaoliuolo
201310922 - Volpe

Regards,

Records Manager,
The Florida Bar
850-561-5708


Cc: "John F Harkness" <jharkness@flabar.org>, "Neil Gillespie" <neilgillespie@mfi.net>
Date: 06/26/2014 12:45 PM
Subject: Re: Public Record Request - CCOL-9KWJX8(Gillespie) - 2014-06-06

Dear Ms. J olinski,
Thank you for your response. The amount on the invoice, $227.63, is well beyond my ability to pay. The
invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file
with Mr. Harkness a request for the records in forma pauperis, and appeal any denial through the courts.
There are other significant records bills elsewhere, so Ill draft one petition for all of them.
You wrote "There are 11 inquiries, complaints, or cases on the list." Please provide the list.
Depending what the list shows, I may modify my request in the interim. Records for Mr. Rodems are top
priority, follows by records for Mr. Bauer, a referral from The Bar. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Phone: 352-854-7807
To: Neil Gellespie

Dear Mr. Gillespie,

Your Request:


Your Request
Page 2of 4
7/16/2014




Your Request








Regards,

Page 3of 4
7/16/2014
Records Manager,
The Florida Bar
850-561-5708

Page 4of 4
7/16/2014
Proof of Del i very
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The Florida Bar
Dear Mr. Harkness:
This records request is submitted to you as the Records Custodian for The Florida Bar.
Previously Ms. J olinski may have failed to correct my citation to Rule 2.420(b)(3), Fla. R. J ud.
Admin. for you as Records Custodian. Ms. J olinski did cite to Bylaw 2-4.3 Duties of the
Executive Director, which states, The executive director shall keep the records of The Florida
Bar and the board of governors. The enclosed Creed of Professionalism, paragraph 4 states:
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not
improperly permit my silence or inaction to mislead anyone. What is the correct citation?
The Florida Bar Record Retention Schedule Version (2011), Division (Legal) Department
(Lawyer Regulation), shows Purpose Rule 2.440, Florida Rules of J udicial Administration
establishes...the obligation for records is vested in the Executive Director..... (Exhibit 1)
Rule 2.440. Retention of J udicial Branch Administrative Records. (Enclosed)
(a) Definitions.
(1) 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.
(2) Records of the judicial branch means all records, regardless of physical form,
(A) court records, which means the contents of the court file, including the
progress docket and other similar records generated to document activity in a
case, transcripts filed with the clerk, documentary exhibits in the custody of the
clerk, and electronic records, videotapes, or stenographic tapes of depositions or
other proceedings filed with the clerk, and electronic records, videotapes, or
stenographic tapes of court proceedings; and
(B) administrative records, which means all other records made or received
pursuant to court rule, law, or ordinance, or in connection with the transaction of
Mr. J ohn F. Harkness J uly 28, 2014
Executive Director and Records Custodian Page - 2
1. Provide Member Records, Master Records of the Membership Records Department for,
Robert W. Bauer, Bar ID 11058
Eugene P. Castagliuolo, Bar ID 104360
Ryan Christopher Rodems, Bar ID 947652
William J ohn Cook, Bar ID 986194
Chris A Barker, Bar ID 885568
2. Provide records showing Each Record Series of records for lawyer members of The
Florida Bar. Previously I did not know about Member Records until getting Mr. J olinskis
response letter J une 10, 2014. The Bar has discipline records for discipline matters; what other
records are available? Provide the records showing all classes or types of records, Rule 2.420(a),
Public Access to J udicial Branch Records, Fla. R. J ud. Admin, and Rule 2.440. Retention of
J udicial Branch Administrative Records, cited above.
2.420(a) Scope and Purpose. Subject to the rulemaking power of the Florida Supreme
Court provided by article V, section 2, Florida Constitution, the following rule shall
govern public access to the records of the judicial branch of government. The public shall
have access to all records of the judicial branch of government, except as provided below
Rule 2.420(b)(2) defines The Florida Bar as a judicial branch of government.
Rule 2.420(b)(1) defines records of the judicial branch as 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:
(A) court records, which are the contents of the court file, including the progress docket
and other similar records generated to document activity in a case, transcripts filed with
the clerk, documentary exhibits in the custody of the clerk, and electronic records,
videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk,
and electronic records, videotapes, or stenographic tapes of court proceedings; and
(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.
The legal basis that Email is a message delivery system. It is not a record no more than an
record series the message is placed. (Exhibit 1). The legal basis for deleting PDF attachments to
email sent or received by The Florida Bar. For example, Ms. J olinskis email Wednesday, J une
25, 2014 10:02 AM, Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17,
shows, [attachment "Center for Professionalism_ Regulating - Oath.pdf" deleted by J enny
J olinski/The Florida Bar].
Records for J ohn William Gardner
4. Enclosed is a letter J uly 14, 2014 of Shanell M. Schuyler closing RFA#14-14647 stating,
inter alia, Furthermore, there is insufficient evidence indicating that Mr. Gardner failed to
report Mr. Rodems for violating the Rules Regulating The Florida Bar.
Mr. Harkness, as Executive Director and Records Custodian for The Florida Bar, please certify
whether or not Mr. Gardner failed to report Mr. Rodems for violating the Rules Regulating The
Florida Bar, and provide your findings to me, Ms. Schuyler and Mr. Gardner.
Ms. Schuylers finding of insufficient evidence to support your contention that Mr. Gardner
"corruptly assisted" Mr. Rodems in obtaining a judgment against you. is misplaced. I do not
believe the word corruptly appears in the Rules of Professional Conduct, so it is confusing that
Ms. Schuyler would rely on a ordinary adjective as part of her closure decision.
But it does call into question whether Ms. Schuyler violated section 112.313, Florida Statutes,
Standards of conduct for public officers, employees of agencies, and local government attorneys.
This is a request for the record of Ms. Schuylers loyalty oath required, as a recipient of public
funds from the state of Florida, that he/she supports the Constitution of the United States, and
Florida. (Article II, Section 8, Fla. Const.).
Loyalty oaths for Florida Bar employees
(Article II, Section 8, Fla. Const.)
5. Loyalty oaths for Florida Bar employees as recipients of public funds from the state of
Florida that you support the Constitution of the United States, and Florida. For example,
J ohn F. Harkness Gregory W. Coleman
J ohn T. Berry Ramn A. Abadin
Adria E Quintela Arne Vanstrum
Mary Ellen Batemen Troy Lovell
Shanell Schuyler Leonard Clark
Lori S. Holcomb Susan Varner Bloemendaal
J ames N. Watson Sandra Fascell Diamond
Sheila M. Tuma Andrew B. Sasso
J an K. Wichrowski Carl B. Schwait
Ghunise Coaxum Annemarie Craft
Patricia A. T. Savitz J enny J olinski
Oaths of Admissions Discarded
6. Oaths of Admission to The Florida Bar are discarded by the Florida Board of Bar
Examiners. I am not able to locate evidence that any Bar member took an Oath. Is there a
requirement that a record of the Oath of Admission be kept?
The enclosed letter of Michele A. Gavagni, Executive Director, Florida Board of Bar Examiners,
dated J une 30, 2014 states,
The Florida Board of Bar Examiners received your letter dated J une 25, 2014, requesting
the Oaths of Attorney for a list of members of The Florida Bar. The board does not have
the information you are requesting. Once the person's Oath of Attorney has been
processed, they are discarded. The date the oath was executed is reflected on The Florida
Bar website on the page for each individual attorney.
Enclosed please find The Florida Bar directory page for J ohn William Gardner. I cannot see
where The date the oath was executed is reflected. More problematic may be the fact that
Once the person's Oath of Attorney has been processed, they are discarded. Therefore, there is
no objective evidence that any Florida lawyer actually took the Oath of Admission.
Ms. J olinski advised by email The bar does not have the original oath which was delivered by
the Florida Supreme Court, we do however, have an annual acknowledgement (sic) of the oath
that is part of our fee statements. I requested J une 25, 2014 11:22 AM but not received from
Ms. J olinski an example of the annual acknowledgment.
Thank you. Can you provide an example of the annual acknowledgment of the oath that
is part of the fee statement? Even a link to an un-executed example is fine. Appreciate
your consideration.
The relevant page of the email is enclosed in paper format.
Regarding Ms. J olinskis assertion that The bar does not have the original oath which was
delivered by the Florida Supreme Court it does not appear an original oath was delivered.
Supreme Court Clerk J ohn Tomasino advised by email J une 17, 2014 7:01 PM,
The oath in SC11-1702 is the current oath. As to your second question, the Florida
Supreme Court does not keep the oath for each attorney submitted to the Bar. I dont
know if the Florida Board of Bar Examiners keeps those records, but you could check
with them.
A paper copy of Mr. Tomasinos email is enclosed.
7. Kindly provide the following records. If a page count is under 66 pages, the copy is
provided without charge. Fla.R.J ud. Admin 2.420(i)(3) and Florida Statute 119.07(4)(d).
The Florida Bar and Subsidiaries Financial Statements and Supplemental Information
J une 30, 2010 and 2009
8. Pinellas County School Board Attorney David Koperski provided records showing
attorney Eugene P. Castagliuolo resigned April 6, 2009 from a teaching job while under
investigation for misconduct. Mr. Castagliuolo was a substitute teacher and teacher from April 6,
2007, through April 6, 2009. Enclosed are Mr. Koperskis letters, and a one page memo from
Administrator J ames T. Lott that states in part,
On April at 2009, our office received the resignation for MR. EUGENE
CASTAGLIUOLO effective April 6, 2009. He resigned under Investigation, with
"personal as his reason.
Please use code #95 to complete your paperwork and note that he is a no rehire.
Public records show evidence of Castagliuolos anger and mental problems, in addition to the
investigation for misconduct. In my view Castagliuolo is unfit to teach, or practice law.
Mr. Castagliuolo was my counsel J une 21, 2011 and failed to advise me that Mr. Rodems
settlement agreement was in fact a bribe offered [F.S. 838.015, 838.016, 838.022] and
accepted by three Florida judges and two state employees. Castagliuolos anger and mental
problems were also an issue during his representation of me, and his counsel was ineffective.
What is The Florida Bars duty upon receipt of information showing an attorney resigned, in this
case from a state school teaching job, while under state investigation?
9. I do not show a reply my J uly 16, 2014 records response/request. I wrote you in part,
It appears you and The Florida Bar are wrongly protecting Mr. Bauer and Mr. Rodems.
Regarding fees, I notified you Ms. J olinski wrote J une 26, 2014 at 10:18 AM in part Fla.R.J ud.
Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable to
the production of public records for inspection or copying within the judicial branch. and
presented an invoice for $227.63, PDF attached. I responded, The amount on the invoice,
$227.63, is well beyond my ability to pay. The invoice does not show a basis for $227.63 other
than "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request for the
records in forma pauperis, and appeal any denial through the courts. There are other significant
records bills elsewhere, so Ill draft one petition for all of them.
informed choice.
Provide the records or a response immediately.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: (352) 854-7807
1 Jun4,201410:14AM TheFloridaBar
Page
Record RetentionSchedule
Version (2011)
Division (Legal)Department(LawyerRegulation)
Purpose
Rule 2.440, Florida Rules of Judicial Administration establishes the requirement that all entities of the Florida Supreme Court must establish a records management program and comply with the retention scheduled developed by the
court. The record retention schedule does not impose a duty to create records contained in the schedule. The purpose of the schedule is to authorize destruction of records after the retention period has elapsed....This schedule
authorizes destruction of records unless otherwise provided by court rule The obligation for records is vested in the Executive Director. The Retention Schedule applies to records in all media and establishes the retention period for the
records of The Florida Bar.
The TFB Records Retention Schedule complies with the minimum record retention requirements set forth in the Judicial Branch Record Retention Schedule (JBRS).
Record Management Terms
The Record Retention Policy establishes and defines important terms for The Florida Bar Records Management Program. Each Record Series has a Responsible Department who maintains the Master Record for the duration of the
Retention Period. There are general record series that apply to All TFB Depts., for example, Correspondence, Minutes: Official Minutes, etc. The TFB Schedule also establishes retention for Master Records and Duplicate/Convenience
Copies.
Retention periods are either time-based or event-based. An event-based retention period requires that an event take place prior to the tolling of the retention period. For example in the case of Personnel Records, Termination plus 25
years means that the tolling of the 25 years cannot begin until termination of the employee and Audit plus 5 fiscal years means that the 5-year retention period of the record begins after the audit has occurred.
The Retention Schedule is comprised of Record Series (a group of related documents). For example, the Personnel Records record series consists of the application/resume, criminal background report, W-4 forms, etc. Therefore,
individual records like the application are assigned to the record series Personnel Records.
It is important to understand that departmental records are needed by other TFB departments. Member Records are Master Records of the Membership Records Department; however, those records are used by almost every
department of the Bar. Consequently it is important to determine constituencies of the Bar records. Another department might rely on the existence of a record for a longer period than the Responsible Department. Retention Period is
based on organizational requirements.
Email isamessagedeliverysYstem.ltisnotarecordnomorethananenvelopeisarecord.ltis the content of the message that determines if it is a record and in which record series the message is placed.
Changes over Time
The TFB Retention Schedule is a living document and will change over time as new processes, rules, procedures, or statues are enacted. And, as new systems are installed or upgraded.
Record Disposition Documentation
The Retention Schedule authorizes the disposition of records. The Disposition Authorization Form documents when, how and by whom the disposition was completed. The process also ensures that no litigation holds are in place that
requires the records to be maintained. The documentation explains why a record is not available for discovery, public record request, audit, etc. It formalizes the disposition process. It demonstrates that disposition occurred in the
regular course of business. Copies or duplicate records can be disposed of once they have on administrative or operational need. They do not require approval for disposition.
DirectyourquestionstotheRecordsManagementDepartment.
1

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THE FLORIDA BAR / About the Bar Search The Florida Bar

The Florida Bar
www.floridabar.org
BYLAW 2-4.3 DUTIES OF EXECUTIVE DIRECTOR
2 BYLAWS OF THE FLORIDA BAR
2-4 OFFICERS
BYLAW 2- 4.3 DUTI ES OF EXECUTI VE DI RECTOR
The executive director shall be chosen by the board of governors and shall performall duties usually required of a secretary and a
treasurer and such other duties as may be assigned by the board of governors. The executive director shall serve as publisher of The
Florida Bar Journal and The Florida Bar News and as director of public relations until otherwise directed by the board of
governors. The executive director shall keep the records of The Florida Bar and the board of governors. The executive director shall
maintain and be in charge of the offices and shall devote full time to the work of The Florida Bar. The board shall fix the executive
director's salary and other benefits and emoluments of office.
[Revised: 01/01/1993]

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES FIND A LAWYER
http://www.floridabar.org/divexe/rrtfb.nsf/FV/1D9C87CF4997102185256BC000534573
Creed of Professionalism Creed of Professionalism Creed of Professionalism Creed of Professionalism Creed of Professionalism
I reverethelaw, thejudicial system, and thelegal profession and will at all times in my
professional and privatelives uphold thedignity and esteemof each.
I will further my professions devotion to public serviceand to thepublic good.
I will strictly adhereto thespirit as well as theletter of my professions codeof ethics, to the
extent that thelaw permits and will at all times beguided by a fundamental senseof honor,
integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerateany fact or opinion and will
not improperly permit my silenceor inaction to mislead anyone.
I will conduct myself to assurethejust, speedy and inexpensivedetermination of every action
and resolution of every controversy.
I will abstain fromall rude, disruptive, disrespectful, and abusivebehavior and will at all
times act with dignity, decency, and courtesy.
I will respect thetimeand commitments of others.
I will bediligent and punctual in communicating with others and in fulfilling commitments.
I will exerciseindependent judgment and will not begoverned by a clients ill will or deceit.
My word is my bond.
April 1, 2014 Florida Rules of Judicial Administration 107
(1) Exhibits in criminal proceedings shall be disposed of as
provided by law.
(2) All other exhibits shall be retained by the clerk until 90 days
after a judgment has become final. If an exhibit is not withdrawn pursuant to
subdivision (i) within 90 days, the clerk may destroy or dispose of the exhibits
after giving the parties or their attorneys of record 30 days notice of the clerks
intention to do so. Exhibits shall be delivered to any party or attorney of record
calling for them during the 30-day time period.
(g) Disposition Other Than Destruction. Before destruction or
disposition of court records under this rule, any person may apply to the court for
an order requiring the clerk to deliver to the applicant the court records that are to
be destroyed or disposed of. All parties shall be given notice of the application.
The court shall dispose of that court record as appropriate.
(h) Release of Court Records. This rule does not limit the power of the
court to release exhibits or other parts of court records that are the property of the
person or party initially placing the items in the court records. The court may
require copies to be substituted as a condition to releasing the court records under
this subdivision.
(i) Right to Expunge Records. Nothing in this rule shall affect the
power of the court to order records expunged.
(j) Sealed Records. No record which has been sealed from public
examination by order of court shall be destroyed without hearing after such notice
as the court shall require.
(k) Destruction of Jury Notes. At the conclusion of the trial and
promptly following discharge of the jury, the court shall collect all juror notes and
immediately destroy the juror notes.
RULE 2.440. RETENTION OF JUDICIAL BRANCH
ADMINISTRATIVE RECORDS
(a) Definitions.
(1) Judicial 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 Judicial
April 1, 2014 Florida Rules of Judicial Administration 108
Qualifications Commission, and all other entities established by or operating under
the authority of the supreme court or the chief justice.
(2) Records of the judicial branch means 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 consists of:
(A) court records, which means the contents of the court
file, including the progress docket and other similar records generated to document
activity in a case, transcripts filed with the clerk, documentary exhibits in the
custody of the clerk, and electronic records, videotapes, or stenographic tapes of
depositions or other proceedings filed with the clerk, and electronic records,
videotapes, or stenographic tapes of court proceedings; and
(B) administrative records, which means 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.
(b) Retention Requirements. Administrative records in the judicial
branch shall be retained in accordance with the Judicial Branch Records Retention
Schedule approved by the supreme court.
2002 Commentary
This rule does not apply to court records and files that are governed by rule 2.075 [renumbered as 2.430 in
2006]. This rule applies to administrative records.
To provide a consistent schedule for retention of administrative records in the judicial branch, the Supreme
Court Workgroup on Public Records recommended that the Court adopt the Judicial Branch Records Retention
Schedule. This schedule uses the legislatively authorized Department of State retention schedules, as appropriate,
and includes a schedule for other records that are unique to the judicial branch. [This schedule is set forth at the end
of these rules.]
RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL
PROCEEDINGS
(a) Electronic and Still Photography Allowed. Subject at all times to
the authority of the presiding judge to: (i) control the conduct of proceedings
before the court; (ii) ensure decorum and prevent distractions; and (iii) ensure the
fair administration of justice in the pending cause, electronic media and still
photography coverage of public judicial proceedings in the appellate and trial
jfloriba _oarb of Jjar examiners
ADMINISTRATIVE BOARD OF THE SUPREME COURT OF FLORIDA
1891 Eider Court, Tallahassee, FL 32399-1750
Michele A. Gavagni
www.floridabarexam.org
Executive Director
June 30,2014
Mr. Neil J. Gillespie
8092 SW 115
th
Loop
Ocala, FL 34481
In Re: Public Access
The Florida Board of Bar Examiners received your letter dated June 25, 2014, requesting the
Oaths of Attorney for a list of merrlbers of The Florida Bar. The board does not have the
information you are requesting. Once the person's Oath of Attorney has been processed, they
are discarded. The date the oath was executed is reflected on The Florida Bar website on the
page for each individual attorney.
The Florida Board of Bar Examiners does not correspond by email.
Sincerely yours,
MICHELE A. GAVAGNI
Executive Director
MAG:srh
Ethics Rules LOMAS Professionalism Login

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THE FLORIDA BAR / Find A Lawyer / MemberProfile Search The Florida Bar
Eligible to Practice Law in Florida
Bar Number:
Address:
Phone:
Fax:
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vCard:
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Admitted:
10-Year Discipline
History:
Law School:
Firm:
John William Gardner
Member in Good Standing
745219
221 E Robertson St
Brandon, FL 33511-5234
United States
813-651-0055
813-651-1874
tampahokie@aol.com
Hillsborough
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Stetson University College of Law
J ohn W Gardner Pa
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES FIND A LAWYER
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Neil Gillespie
To: "J enny J olinski" <J J olinski@flabar.org>
Sent: Wednesday, J une 25, 2014 11:22 AM
Subject: Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17
Page 1 of 3
7/24/2014
Thank you. Can you provide an example of the annual acknowledgment of the oath that is part of the fee statement? Even a link
to an un-executed example is fine. Appreciate your consideration.
To: Neil Gillespie
Sent: Wednesday, J une 25, 2014 10:02 AM
Subject: Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17

Mr. Gillespie,
I resending my response as you requested.

Regards,

Records Manager,
The Florida Bar
850-561-5708

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: Jenny Jolinski/The Florida Bar
Date: 06/23/2014 12:24 PM
Subject: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17

Dear Mr. Gillespie,
In addition to my response below. The bar does not have the original oath which was delivered by the Florida Supreme
Court, we do however, have an annual acknowledgement of the oath that is part of our fee statements.

Regards,
Records Manager,
The Florida Bar
850-561-5708

From: Jenny Jolinski/The Florida Bar

Neil Gillespie
From: "J ohn A. Tomasino" <tomasino@flcourts.org>
To: "'Neil Gillespie'" <neilgillespie@mfi.net>
Sent: Tuesday, J une 17, 2014 7:01 PM
Subject: RE: Oath of Admission, records request
Page 1of 2
7/24/2014
Mr. Gillespie,
The oath in SC11-1702 is the current oath. As to your second question, the Florida Supreme
Court does not keep the oath for each attorney submitted to the Bar. I dont know if the
Florida Board of Bar Examiners keeps those records, but you could check with them.

Thanks,
John Tomasino

Sent: Tuesday, June 17, 2014 12:19 PM
To: John A. Tomasino
Cc: Neil Gillespie
Subject: Oath of Admission, records request

J ohn A. Tomasino, Clerk
Supreme Court of Florida
RE: Oath of Admission, records request
Dear Mr. Tomasino,
Good afternoon.
The Supreme Court of Florida issued September 12, 2011 a new version of the Oath of Admission, In re:
Oath of Admission to the Florida Bar, 73 So.3d 149 (Fla. 2011), also known as Case No.: SC11-1702,
September 12, 2011. The Order in SC11-1702 is found at the link.
http://www.floridasupremecourt.org/decisions/2011/sc11-1702.pdf
It has come to my attention that the Oath of Admission may have been revised. The Oath of Admission
currently on The Florida Bars website shows [Revised: 06-25-2013], at the link,
http://www.floridabar.org/tfb/TFBProfess.nsf/93534de21ecc6a7285257002004837a3/04e9eb581538255a
OpenDocument
Please provide the Supreme Court Order and citation for the current Oath if the Order in SC11-1702 is
no longer current, or should not be relied upon.
Also, does the Supreme Court keep a record of the Oath of Admission for each member? If so, is that
record available?
Thank you for your consideration.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
Page 2of 2
7/24/2014
THEFLORIDABAR
651 EASTJEFFERSONSTREET
JOHNF.HARKNESS,JR. TALLAHASSEE,FL 32399-2300 850/561-5600
EXECUTIVEDIRECTOR WWW.FLORIDABAR.ORG
July 14,2014
Mr.NeilJ. Gillespie
8092S.W. 115thLoop
Ocala,FL34481
Re: Mr. JohnWilliamGardner;RFA# 14-14647
DearMr.Gillespie:
PursuanttoyourrequestforreviewIhavereviewedthefile inmycapacityasDirectorofACAPandconclude
thatthedecisiontoclosethefile wasappropriate.
Whenagrievanceisfiled againstanattorney,Barcounselmustanalyzethecomplaintandthesupporting
evidencefromthestandpointofwhetherornot,asaprosecutorialagency,thecasestandsareasonablechance
ofbeingwoniflitigated. Oneof theconsiderationsBarCounselmustweighindecidingwhethertoclosea
file orproceedfurthertoseekdisciplinarymeasuresistheweightoftheavailableevidence. IftheBarseeksto
disciplinethelawyer,itisrequiredbySupremeCourtrulingtoshow,by"clearandconvincing"evidencethat
therehasbeenaviolationofoneormoreof theRulesRegulatingTheFloridaBar.Clearandconvincing
evidencehasbeendefinedas"evidencesoclear,directandweightyandconvincingastoenable [the
factfinder] tocometoaclearconviction,withouthesitancy,of thetruthoftheprecisefacts inissue."This
burdenofproofisheavierthantheburdenofproofrequiredinanordinaryciviltrial.
Intheinstantmatter,thereis insufficientevidencetosupportyourcontentionthatMr. Gardner"corruptly
assisted"Mr.Rodemsinobtainingajudgmentagainstyou. Furthermore,thereisinsufficientevidence
indicatingthatMr. GardnerfailedtoreportMr. RodemsforviolatingtheRulesRegulatingTheFloridaBar.
Accordingly,thisfile remainsclosedandthecomputerrecordwillbedisposedofoneyearfromthedateof
closurepursuanttotheBar'srecordretentionpolicy.
Sincerely,
"' () ~ .. ~ .~ 0
U ~
ShanellM. Schuyler,DirectorofIntake
ACAPHotline866-352-0707
cc: Mr. JohnWilliamGardner
cse
PINELLAS COUNTY SCHOOLS
April 16,2014
Mr.NeilJ. Gillespie
8092SW11SthLoop
Ocala,FL 34481
ADMINISTRATION IUILDING
301 Fourth StSW
P.O. Box2942
Largo. FL33779-2942
Ph. (727)588-6000
SCHOOL BOARD Of
PINELLAS COUNTY. FLORIDA
Chairperson
Carol J. Cook
ViceChairperson
LindaS. Lerner
JanetRClark
Rene Flowers
TerryKrassner
PeggyL0'Shea
RobinLWikle
Superintendent
MichaelAGrego,Ed.D.
Sentviaemailto:neiJgillespie@mfi.net
Re: PublicRecordsRequestNo. 14-146P
DearMr. Gillespie:
Weareinreceiptof yourpublicrecordsrequestmadeviae-mailtoDr. Gregoat5:35
p.m. onApril 15,2014,requestingacopyof thepersonnelfileofEugeneP. Castagliuoio,
whichhasbeenassignedasPRR#14-146P.
TheDistricthadanemployeebythenameof EugeneP. Castagliuolo,Jr.,whowasa
substituteteacherandteacherfromApril6, 2007,throughApril6,2009. Thepersonyou
namedwasnottheSchoolBoardAttorneyoranyotherattorneyemployedbytheSchool
Board.
Pleaseadvisewhetheryouintendtoseekacopyofthepersonnelfileof EugeneP.
Castagliuolo,Jr. If wedonothearfromyouwithinthenextten(10)days, wewillclose
ourfile onthismatter.
Sincerely,
D ~ e t r A
SchoolBoardAttorney
DK/klnl
cc: CarolJ. Cook,Chairperson,SchoolBoard
MichaelA. Grego,Ed.D.,Superintendent
Dr.RonCiranna,Asst. Superintendent,HumanResourcesServices
TheSchoolBoardofPinellasCounty. Ronda. prooibitsanyandallformsofdiscriminationandharassmentbasedon race, color,
sex, religion, national origin, marital status,age, sexual orientation Dr disabilityin any ofitsprograms, services oractivities.
EducationforaChangingWorld www.pcsb,org
(
........ .......

'ilillil .1.lt, .elLI
DAT.E: April6,2009
TO: The FifeofEUGENECASTAGLIUOLO
SSN
FROM: JamesT. LotI
Administrator
OfficeofProfessionalStandards
SUBJECT: Resignation/Retirement
OnAprilat 2009,ourofficereceivedthe resignationforMR. EUGENE
CASTAGLIUOLOeffectiveApril6,2009. HeresignedunderInvestigation,with
"personal
n
ashisreason.
Pleaseusacode#95tocompleteyourpaperworkandnotethatheIsanorehire.
co: BarbaraThornton- AssociateSuperintendent, Region IV
PatriciaFuller- Principal, BaysideHighSchool
HarrietKonstantinidis- Director. PersonnelDepartment
MickeyConverse- PayrollDepartment
SuzanHartman- RiskManagement
Personnel File
InvestFile
bp
The Florida Bar
Dear Mr. Harkness:
Responses by Ms. J olinski, Records Manager for The Florida Bar, provided by email Thursday,
J une 26, 2014 at 10:18 AM appear incorrect. Ms. J olinskis email is attached in PDF
Ms. J olinski wrote Three are inquiries in which no complaint was filed and consequently there
are no public documents. First, I am seeking public records, not public documents. Three
inquiries certainly resulted in public records, regardless of whether a complaint was filed. The
public records would include the identity of the persons making the inquires, the identity of the
lawyers in question, and a description of the subject matter. See below the Florida Rules of
J udicial Administration, Rule 2.420. Public Access to J udicial Branch Records.
Again, I am seeking public records, not public documents. If the inquires are closed, then there
are public records, and Ms. J olinski is wrong. See the Florida Rules of J udicial Administration,
Rule 2.420. Public Access to J udicial Branch Records.
Rule 2.420(b) Definitions (1) Records of the judicial branch are all records, regardless of
Rule 2.420(b) Definitions (1)(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
Rule 2.420(b) Definitions (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.
Mr. J ohn F. Harkness, Executive Director and Records Custodian J uly 16, 2014
The Florida Bar Page - 2
Ms. J olinski wrote J une 26, 2014 at 10:18 AM in part Fla.R.J ud. Admin 2.420(m)(3) and
Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public
records for inspection or copying within the judicial branch. and presented an invoice for
$227.63, PDF attached. I responded, The amount on the invoice, $227.63, is well beyond my
ability to pay. The invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39
per hour. Okay, I will file with Mr. Harkness a request for the records in forma pauperis, and
appeal any denial through the courts. There are other significant records bills elsewhere, so Ill
draft one petition for all of them.
informed choice.
Mr. Bauer
ACAP 14-2445 - Evans (no public documents)
Mr. Rodems
Mr. Barker
Mr. Castaoliuolo
201310922 - Volpe
Sincerely,
Neil J . Gillespie
Enclosures
651 East Jefferson Street, Tallahassee, FL 32399-2300 (850) 561-5600 FAX: (850) 561-9405 www.floridabar.org

The Florida Bar
John F. Harkness, Jr.
Executive Director
651 East Jefferson Street, Tallahassee, FL
32399-2300
850-561-5600
www.FLORIDABAR.org
J une 23, 2014

Neil J . Gillespie
8092 SW 115th Loop

Public Records Request CCOL-9KWJ X8

ESTIMATE INVOICE

Description Quantity Estimate Unit Price Fee Estimate
Clerical Time 17.00 hours $13.39/hr $227.63

TOTAL $227.63

**Make checks payable to The Florida Bar. Please remit copy of estimate with payment**
**Request will be cancelled if payment is not received within 30 days**

Remit Payment To: The Florida Bar
Cash Receipts
651 E. J efferson St.

Records Management
Attn: J enny R. J olinski

(Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish
fees applicable to the production of public records for inspection or copying within the
judicial branch.)

Neil Gillespie
Attach: Letter to Chief J ustice Polston.pdf; Polston Letter - 2nd Accounting of ADA Compliance.pdf;
Gillespie.pdf
Page 1of 2
7/16/2014
Dear Mr. Gillespie,

Your Request:


Your Request




Your Request








Regards,

Records Manager,
The Florida Bar
850-561-5708

Page 2of 2
7/16/2014

Neil Gillespie
Sent: Thursday, J une 26, 2014 2:12 PM
Subject: Re: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06
Page 1of 4
7/16/2014
Mr. Gillespie:

Here are the list of inquiries, complaints and cases as you requested. In 5, you are the complainant; 3
were inquiries resulting in no public documents; and the balance are indicated below.
Mr. Bauer

Mr. Rodems

Mr. Barker

Mr. Castaoliuolo
201310922 - Volpe

Regards,

Records Manager,
The Florida Bar
850-561-5708


Cc: "John F Harkness" <jharkness@flabar.org>, "Neil Gillespie" <neilgillespie@mfi.net>
Date: 06/26/2014 12:45 PM

Dear Ms. J olinski,
Thank you for your response. The amount on the invoice, $227.63, is well beyond my ability to pay. The
invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file
with Mr. Harkness a request for the records in forma pauperis, and appeal any denial through the courts.
There are other significant records bills elsewhere, so Ill draft one petition for all of them.
You wrote "There are 11 inquiries, complaints, or cases on the list." Please provide the list.
Depending what the list shows, I may modify my request in the interim. Records for Mr. Rodems are top
priority, follows by records for Mr. Bauer, a referral from The Bar. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Phone: 352-854-7807
To: Neil Gellespie

Dear Mr. Gillespie,

Your Request:


Your Request
Page 2of 4
7/16/2014




Your Request








Regards,

Page 3of 4
7/16/2014
Records Manager,
The Florida Bar
850-561-5708

Page 4of 4
7/16/2014
Proof of Del i very
Service: UPS Ground
Weight: 1.00 lb
Delivered On: 07/17/2014 11:24 A.M.
Signed By: BRIGHT
Left At: Office
Print This Page
Close Window
Dear Customer,
Sincerely,
UPS
Tracking results provided by UPS: 07/17/2014 7:58 P.M. ET
Close Window
https://wwwapps.ups.com/WebTracking/processPOD?Requester=NES&tracknum=1Z64589FP292407249&refNumbers=&loc=en_US

Neil Gillespie
Sent: Wednesday, J uly 30, 2014 10:42 AM
Page 1of 1
8/11/2014
Dear Mr. Gillespie,
I am responding to your email dated July 16, 2014 per Rule 2.420, Florida Rules of Judicial
Administration and applicable law. Please send correspondence related to this matter to my attention.
In your email you voiced concerns over my use of the term "public document" vs. "public record." To
be clear, the public record of a discipline file is defined in Rule 3-7.1(b) of the Rules Regulating The
Florida Bar:

"b) Public Record.The public record consists of the record before a grievance committee, the record
before a referee, the record before the Supreme Court of Florida, and any reports, correspondence,
papers, recordings, and/or transcripts of hearings furnished to, served on, or received from the
respondent or the complainant."

All records, not part of the public record definition, are confidential and exempt from disclosure
pursuant to Rule 3-7.1(a). Additionally, some of the records not meeting the public records definition
would also be confidential pursuant to Rule 1-14.1(a) because they are designated as such by court
rule, or constitute attorney work product, or attomey-client communications. In addition, per Rule 3-
7.1(a) (1) Pending Investigations. Disciplinary matters pending at the initial investigatory and grievance
committee levels are treated as confidential by The Florida Bar, except as provided in rules 3-7.1(e)
and (k).

An inquiry by telephone to our ACAP Hotline does not result in public records, if a written complaint is
not submitted. Consequently, there may be no public records associated with an ACAP inquiry. I have
asked the Lawyer Regulation Department to provide me with the individual break down of costs for the
public records related to each file you have requested. I will provide that information to you once it is
available.

Regards,

Records Manager,
The Florida Bar
850-561-5708


Neil Gillespie
Sent: Thursday, J uly 31, 2014 11:16 AM
Page 1of 2
8/11/2014
Dear Mr. Gillespie,
I am responding to your email dated July 17, 2014 in which you requested an individual breakdown of
costs associated with each file. Fla.R.Jud.Admin. 2.420(m)(3) and Florida Statutes 119.07(4)(d)
authorize and establish fees applicable to the production of public records for inspection or copying
within the judicial branch. Per Rule and Statute; the first 65 pages are produced without a copy charge.
Beginning at page 66 the copy charge is applied to all of the pages. The first 30 minutes of staff time
is billed at no charge. The staff time fee is based on the type of activity, not who is performing it. The
rates are as follows: clerical assistance, $13.39; IT Analyst, $24.54; and senior attorney, $44.63.

In addition, as I previously stated in my July 30, 2014 email, an inquiry by telephone to our ACAP

The costs are noted below:

Mr. Bauer
201300541 - complainant: Gillespie - 483 pages - 3 hours - $40.17
201400144 - complainant: Wilson - 33 pages - 1 hour 30 minutes - $20.09

Mr. Rodems
ACAP 14-9913 - Gillespie - 37 pages - 1 hour 30 minutes - $20.09

Mr. Barker
201490116 - Gillespie - 13 pages - 40 minutes - $8.86
ACAP 14-14302 - Gillespie - 9 pages - 30 minutes - $6.70

Mr. Castaoliuolo
201211345 - Bessler (previously provided, no new documents per Lawyer Regulation)
201310162 - Gillespie (Previously provided by the Tampa office)
201310922 - Volpe - 35 pages - 1 hour 30 minutes - $20.09

Regards,

Records Manager,
The Florida Bar
850-561-5708

Page 2of 2
8/11/2014

Neil Gillespie
From: "Mary Ellen Bateman" <mbateman@flabar.org>
Sent: Friday, August 01, 2014 6:24 PM
Attach: 2014, 07-31-14, Constitutional public record challenge TFB.pdf; Art. I, Sec. 24, Fla. Const..pdf; RULE
2.420.pdf; RULE 2.440.pdf
Subject: Response to Your Correspondence of J uly 31, 2014
Page 1of 3
8/11/2014

I am in receipt of your correspondence of July 31, 2013 to John F. Harkness, Jr., Executive Director of
The Florida Bar. I am responding on behalf of Mr. Harkness.

Your letter provides a Notice of Constitutional Challenge related to Ms. Jolinski's "contention that ACAP
Hotline telephone inquires are not public records." I am writing to help explain the bar's position. I do
not wish to add to the confusion but it is difficult, sometimes to communicate about these matters via
email.

When The Florida Bar responds to public records requests for its records, we are bound by the Rules
Regulating The Florida Bar, the Rules of Judicial Administration, and other applicable law. The records
of The Florida Bar are administrative records as set forth by the Rules of Judicial Administration, as you
have correctly noted. When it comes to the records of complaints or inquiries related to lawyers, there
are specific rules that apply. The public record in those matters is defined for us by the Rules
Regulating The Florida Bar and we at the bar must abide by those rules. The definition of a public
record for the purposes of a lawyer regulation matter is set forth in the Rules of Discipline, Chapter 3
of the Rules Regulating The Florida Bar. Rule 3-7.1(b) defines the public record as "the record before a
grievance committee, the record before a referee, the record before the Supreme Court of Florida, and
any reports, correspondence, papers, recordings, and/or transcripts of hearings furnished to, served
on, or received from the respondent or the complainant." Because there are no records that meet the
above definition in either ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 - Castagliuolo/Tomaso,
(in other words, there is no correspondence, paper, etc. furnished to or received from the respondent
or complainant, and no records before the grievance committee, referee or court), there are no public
records to provide to you.

However, as Ms. Jolinski reported, there are records that meet the public records definition in two of
the ACAP files you inquired about - ACAP 14-9913 - Rodens/Gillespie and ACAP 14-14302 -
Barker/Gillespie. Ms. Jolinski has provided you with the cost associated with providing those records.

I hope this helps. We are trying to provide you with all the public records related to your inquiries, but
we must abide by the definition as set forth by our rules.

If you decide you would like to obtain the records related to the two ACAP files that did have public
records available, please contact Ms. Jolinski directly.


Mary Ellen Bateman
Division Director
The Florida Bar
651 E. Jefferson Street
(850)561-5777
mbateman@flabar.org


----- Forwarded by John F Harkness/The Florida Bar on 07/31/2014 02:19 PM -----

Cc: "John Anthony Tomasino" <tomasino@flcourts.org>, "Thomas A David" <davidt@flcourts.org>, "Neil Gillespie"
<neilgillespie@mfi.net>
Date: 07/31/2014 02:08 PM

Notice of Constitutional Challenge: Access to Florida Bar records is Constitutionally guaranteed (Art. I,
Sec. 24, Fla. Const.) through Rule 2.420, Access to J udicial Branch Records. Therefore, The Florida Bar
is Constitutionally required to provide records of "an inquiry by telephone to our ACAP Hotline", an
administrative record under Rule 2.440(a)(2)(B).
To: Neil Gillespie

Dear Mr. Gillespie,
within the judicial branch. Per Rule and Statute; the first 65 pages are produced without a copy charge.
Beginning at page 66 the copy charge is applied to all of the pages. The first 30 minutes of staff time
is billed at no charge. The staff time fee is based on the type of activity, not who is performing it. The
rates are as follows: clerical assistance, $13.39; IT Analyst, $24.54; and senior attorney, $44.63.

Page 2of 3
8/11/2014


Mr. Bauer

Mr. Rodems

Mr. Barker

Mr. Castaoliuolo

Regards,

Records Manager,
The Florida Bar
850-561-5708

Page 3of 3
8/11/2014

Neil Gillespie
To: "Mary Ellen Bateman" <mbateman@flabar.org>; "Gov. Rick Scott" <Rick.Scott@eog.myflorida.com>;
"J ohn F Harkness" <jharkness@flabar.org>; "J enny J olinski" <J J olinski@flabar.org>; "Gregory
William Coleman" <gcoleman@bclclaw.com>; "Ramon A. Abadin"
<ramon.abadin@sedgwicklaw.com>
Cc: "Sandra Chance" <schance@jou.ufl.edu>; <watersc@flcourgs.org>; "Public Information Office"
<publicinformation@flcourts.org>; "First Amendment Foundation" <Sunshine@floridafaf.org>;
"Thomas A David" <davidt@flcourts.org>; "J ohn Anthony Tomasino" <tomasino@flcourts.org>
Sent: Wednesday, August 06, 2014 4:42 PM
Attach: 2014, 06-26-14, email 2.26pm J enny J olinski.pdf; Letter to Mary Ellen Bateman August 6, 2014.pdf;
Letter to J ohn F Harkness, The Florida Bar J uly 28, 2014.pdf; 2014, 07-31-14, Constitutional public
record challenge TFB.pdf; Art. I, Sec. 24, Fla. Const..pdf; RULE 2.420.pdf; RULE 2.440.pdf
Subject: Re: Response to Your Correspondence of J uly 31, 2014
Page 1of 7
8/11/2014
Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
Dear Ms. Bateman:
In response to your email below, your contention that only "correspondence, paper, etc."
documents are public records is not correct. When ACAP receives by telephone a Request For
Assistance, an electronic record is made of the RFA by ACAP staff, which is a public record. The
electronic record of the RFA entered into The Bars computer is outside Rule 3-7.1(b) because a
telephone call is not a sworn complaint. Only sworn complaints meet the Form of Complaints in Rule 3-
7.3(c)
Rule 3-7.3(c) Form for Complaints. All complaints, except those initiated by The Florida Bar,
shall be in writing and under oath. The complaint shall contain a statement providing: Under
penalty of perjury, I declare the foregoing facts are true, correct, and complete.
Therefore Ms. Bateman, your reliance on Rule 3-7.1(b) is misplaced. Unfortunately, it appears you are
misusing your public position to corruptly benefit/protect Mr. Rodems, Mr. Bauer and Mr. Castaoliuolo.
On Thursday, J une 26, 2014 at 2:12 PM Ms. J olinski emailed me, stating in part, "3 were inquiries
resulting in no public documents". [Ms. J olinskis email is attached in PDF]. The inquiries are shown
below.
The above case numbers, ACAP 14-2445, ACAP 14-14506, and ACAP 14-14243 are partial electronic
public records of three ACAP telephonic Requests For Assistance. I demand The Florida Bar
immediately provide the full public records, "regardless of physical form, characteristics, or means of
transmission" Rule 2.420(b)(1).
The record of a telephonic RFA is an administrative record under Rule 2.440(a)(2)(B), and a public
record under Rule 2.420 Access to J udicial Branch Records.
(a) Definitions.
(1) "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.
(2) "Records of the judicial branch" means 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 consists of:
(B) "administrative records," which means 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.

(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.
Because ""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", your contention below that only "correspondence, paper, etc." documents
are public records is not correct, and an apparent violation of F.S. 112.313(6) MISUSE OF PUBLIC
POSITION, to corruptly benefit/protect Mr. Rodems, Mr. Bauer and Mr. Castaoliuolo.
Ms. Bateman, your reliance on Rule 3-7.1(b), emailed Friday, August 01, 2014 6:24 PM, shown below,
does not apply because a telephone inquiry is not a sworn complaint. All complaints must be sworn.
Rule 3-7.3(c).
committee, the record before a referee, the record before the Supreme Court of
Florida, and any reports, correspondence, papers, recordings, and/or transcripts
of hearings furnished to, served on, or received from the respondent or the
complainant." Because there are no records that meet the above definition in
either ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 - Castagliuolo/Tomaso,
(in other words, there is no correspondence, paper, etc. furnished to or received
from the respondent or complainant, and no records before the grievance
committee, referee or court), there are no public records to provide to you."
Ms. Bateman, your contention that only "correspondence, paper, etc." documents are public
Page 2of 7
8/11/2014
records is not correct. A telephoned Request For Assistanceresults in an electronic record of the RFA
made by ACAP staff, and a public record under Rule 2.420(b)(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
Access to Florida Bar administrative records is Constitutionally guaranteed (Art. I, Sec. 24, Fla. Const.)
through Rule 2.420, Access to J udicial Branch Records. Therefore, The Florida Bar is Constitutionally
required to provide records of "an inquiry by telephone to our ACAP Hotline", an administrative record
under Rule 2.440(a)(2)(B), "regardless of physical form, characteristics, or means of transmission, made
or received in connection with the transaction of official business".
The Florida Constitution is the supreme law of Florida, superseded only as provided by Article Six,
Clause 2, of the United States Constitution,
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the Authority of the United States, shall be
the supreme Law of the Land; and the J udges in every State shall be bound thereby, any Thing in
the Constitution or Laws of any State to the Contrary notwithstanding."
Ms. Bateman, this is a request for the public record of your loyalty oath as a public employee and
recipient of public funds from the state of Florida, that he/she supports the Constitution of the United
States, and Florida. (Art. II, Sec. 8, Fla. Const.). Provide also the loyalty oath for Mr. Harkness and Ms.
J olinski.
I am providing this email to Governor Rick Scott. I welcome comments from persons more
knowledgeable than me on whether "an inquiry by telephone to [the] ACAP Hotline" a public record;
or is a sworn complaint under Rule 3-7.3(c); whether public records are limited to "correspondence,
paper, etc."; or whether a closed bar complaint is a public record for one year after closure and subject
to public disclosure. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807



Page 3of 7
8/11/2014




From: Mary Ellen Bateman
To: Neil Gillespie



Your letter provides a Notice of Constitutional Challenge related to Ms. Jolinski's "contention that

of The Florida Bar are administrative records as set forth by the Rules of Judicial Administration, as
you have correctly noted. When it comes to the records of complaints or inquiries related to lawyers,
there are specific rules that apply. The public record in those matters is defined for us by the Rules
of the Rules Regulating The Florida Bar. Rule 3-7.1(b) defines the public record as "the record before
a grievance committee, the record before a referee, the record before the Supreme Court of Florida,
and any reports, correspondence, papers, recordings, and/or transcripts of hearings furnished to,
served on, or received from the respondent or the complainant." Because there are no records that
Page 4of 7
8/11/2014
meet the above definition in either ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 -
Castagliuolo/Tomaso, (in other words, there is no correspondence, paper, etc. furnished to or
received from the respondent or complainant, and no records before the grievance committee,
referee or court), there are no public records to provide to you.





Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
mbateman@flabar.org

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


Date: 07/31/2014 02:08 PM

Notice of Constitutional Challenge: Access to Florida Bar records is Constitutionally guaranteed (Art.
I, Sec. 24, Fla. Const.) through Rule 2.420, Access to J udicial Branch Records. Therefore, The Florida
Bar is Constitutionally required to provide records of "an inquiry by telephone to our ACAP Hotline",
an administrative record under Rule 2.440(a)(2)(B).
Page 5of 7
8/11/2014
To: Neil Gillespie

Dear Mr. Gillespie,
within the judicial branch. Per Rule and Statute; the first 65 pages are produced without a copy
charge. Beginning at page 66 the copy charge is applied to all of the pages. The first 30 minutes of
staff time is billed at no charge. The staff time fee is based on the type of activity, not who is
performing it. The rates are as follows: clerical assistance, $13.39; IT Analyst, $24.54; and senior
attorney, $44.63.



Mr. Bauer

Mr. Rodems

Mr. Barker

Mr. Castaoliuolo

Regards,

Page 6of 7
8/11/2014
Records Manager,
The Florida Bar
850-561-5708

Page 7of 7
8/11/2014

Neil Gillespie
From: "Mary Ellen Bateman" <mbateman@flabar.org>
Attach: 2014, 06-26-14, email 2.26pm J enny J olinski.pdf; Letter to Mary Ellen Bateman August 6, 2014.pdf;
Letter to J ohn F Harkness, The Florida Bar J uly 28, 2014.pdf; 2014, 07-31-14, Constitutional public
record challenge TFB.pdf; Art. I, Sec. 24, Fla. Const..pdf; RULE 2.420.pdf; RULE 2.440.pdf
Page 1of 7
8/11/2014
Mr. Gillespie:

Thank you for your response. I do not have any responsive records to your request for my loyalty oath
as well as the loyalty oaths of Mr. Harkness and Ms. Jolinski.

Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
mbateman@flabar.org


To: "Mary Ellen Bateman" <mbateman@flabar.org>, "Gov. Rick Scott" <Rick.Scott@eog.myflorida.com>, "John F Harkness"
<jharkness@flabar.org>, "Jenny Jolinski" <JJolinski@flabar.org>, "Gregory William Coleman" <gcoleman@bclclaw.com>, "Ramon A.
Abadin" <ramon.abadin@sedgwicklaw.com>
Cc: "Sandra Chance" <schance@jou.ufl.edu>, <watersc@flcourgs.org>, "Public Information Office"
<publicinformation@flcourts.org>, "First Amendment Foundation" <Sunshine@floridafaf.org>, "Thomas A David"
<davidt@flcourts.org>, "John Anthony Tomasino" <tomasino@flcourts.org>
Date: 08/06/2014 04:42 PM
Subject: Re: Response to Your Correspondence of July 31, 2014

Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
Dear Ms. Bateman:
Assistance, an electronic record is made of the RFA by ACAP staff, which is a public record.
The electronic record of the RFA entered into The Bars computer is outside Rule 3-7.1(b)
because a telephone call is not a sworn complaint. Only sworn complaints meet the Form of
Complaints in Rule 3-7.3(c)
Rule 3-7.3(c) Form for Complaints. All complaints, except those initiated by The Florida
Bar, shall be in writing and under oath. The complaint shall contain a statement
providing: Under penalty of perjury, I declare the foregoing facts are true, correct, and
complete.
Therefore Ms. Bateman, your reliance on Rule 3-7.1(b) is misplaced. Unfortunately, it appears
you are misusing your public position to corruptly benefit/protect Mr. Rodems, Mr. Bauer and
Mr. Castaoliuolo.
On Thursday, J une 26, 2014 at 2:12 PM Ms. J olinski emailed me, stating in part, "3 were
inquiries resulting in no public documents". [Ms. J olinskis email is attached in PDF]. The
inquiries are shown below.
The above case numbers, ACAP 14-2445, ACAP 14-14506, and ACAP 14-14243 are partial
electronic public records of three ACAP telephonic Requests For Assistance. I demand The
Florida Bar immediately provide the full public records, "regardless of physical form,
characteristics, or means of transmission" Rule 2.420(b)(1).
The record of a telephonic RFA is an administrative record under Rule 2.440(a)(2)(B), and a
public record under Rule 2.420 Access to J udicial Branch Records.
(a) Definitions.
(1) "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
Mary Ellen Bateman, The Florida Bar August 6, 2014
Division Director, Ethics & Advertising, UPL and Special Projects Page - 2
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.
(2) "Records of the judicial branch" means all records, regardless of physical form,
(B) "administrative records," which means 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.
(b) Definitions.
(1) "Records of the judicial branch" are all records, regardless of physical form,
(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.
Because ""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", your contention below that only
"correspondence, paper, etc." documents are public records is not correct, and an apparent
violation of F.S. 112.313(6) MISUSE OF PUBLIC POSITION, to corruptly benefit/protect
Mr. Rodems, Mr. Bauer and Mr. Castaoliuolo.
Ms. Bateman, your reliance on Rule 3-7.1(b), emailed Friday, August 01, 2014 6:24 PM, shown
below, does not apply because a telephone inquiry is not a sworn complaint. All complaints must
be sworn. Rule 3-7.3(c).
Florida, and any reports, correspondence, papers, recordings, and/or transcripts
of hearings furnished to, served on, or received from the respondent or the
complainant." Because there are no records that meet the above definition in
either ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 - Castagliuolo/Tomaso,
(in other words, there is no correspondence, paper, etc. furnished to or received
from the respondent or complainant, and no records before the grievance
committee, referee or court), there are no public records to provide to you."
records is not correct. A telephoned Request For Assistance results in an electronic record of the
RFA made by ACAP staff, and a public record under Rule 2.420(b)(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.
Access to Florida Bar administrative records is Constitutionally guaranteed (Art. I, Sec. 24, Fla.
Const.) through Rule 2.420, Access to J udicial Branch Records. Therefore, The Florida Bar is
Constitutionally required to provide records of "an inquiry by telephone to our ACAP Hotline",
an administrative record under Rule 2.440(a)(2)(B), "regardless of physical form, characteristics,
or means of transmission, made or received in connection with the transaction of official
business".
The Florida Constitution is the supreme law of Florida, superseded only as provided by Article
Six, Clause 2, of the United States Constitution,
"This Constitution, and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the J udges in every State shall be
bound thereby, any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding."
Ms. Bateman, this is a request for the public record of your loyalty oath as a public employee
and recipient of public funds from the state of Florida, that he/she supports the Constitution of
the United States, and Florida. (Art. II, Sec. 8, Fla. Const.). Provide also the loyalty oath for
Mr. Harkness and Ms. J olinski.
knowledgeable than me on whether "an inquiry by telephone to [the] ACAP Hotline" a public
record; or is a sworn complaint under Rule 3-7.3(c); whether public records are limited to
"correspondence, paper, etc."; or whether a closed bar complaint is a public record for one
year after closure and subject to public disclosure. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807

Neil Gillespie
Sent: Thursday, August 07, 2014 3:41 PM
Attach: TFB Staff Policies re email.doc; 2012 2013 fee stmt with oath.pdf; TFB_Record_Series_2014 .pdf
Subject: Public Record Request - 2014/07/28 (Gillespie)
Page 1of 2
8/11/2014
Dear Mr. Gillespie,

Your public record request dated July 28, 2014 was forwarded to me for response. I am responding
per Rule 2.420, Florida Rules of Judicial Administration and applicable law. Please send

Because of the scope of your public record request, I will provide you responsive records as they are
received.
1. Pending

2. Provide records showing Each Record Series of records for lawyer members of the Florida Bar.
I have attached the TFB Records Retention Schedule.

3. Provide records of the Florida BAr's email policy and procedure, including,
The legal basis that "Email is a message delivery system. It is not a record no more than and envelope
is a record. It is the content of the message that determines if it is a record and in which record series
the message is placed." (Exhibit 1). The legal basis for deleting PDF attachments to email sent or
received by The Florida Bar. For example, Ms. Jolinski's email Wednesday, June 25, 2014 1-:02 AM, Re:
Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17, shows, "[attachment "Center for
Professionalism_Regulating-Oath.pdf deleted by Jenny Jolinski/The Florida Bar.

The Division Director of Administration has provided a copy of the Bar's email policy. . We have no
records responsive to your request regarding "Email is a message delivery system."

4. This is a request for the record of Ms. Schuyler's loyalty oath...

5. Loyalty oaths for the Florida Bar employees as recipients of public funds from the state of Florida...


6. ...Can you provide an example of the annual acknowledgment of the oath that is part of the fee
statement?...
Our Membership Records Department provided this sample of a fee statement that included the new
oath. According to Membership Records, the oath only appears in the 2012/13 fee statement by
request of the Florida Supreme Court. It did not appear in previous or subsequent fee statements.

7. Florida Bar and Subsidiaries Financial Statements and Supplemental Information June 30, 2010 and
2009. Sent via US Mail.

8. What is the Bar's duty upon receipt of information showing an attorney resigned, in this case from a
state school teach job, while under state investigation?


9. "...provide the cost for each individual records..." See my email to you dated July 31, 2014.

Records Manager,
The Florida Bar
850-561-5708

Page 2of 2
8/11/2014
VIA Email: jharkness@flabar.org August 8, 2014
The Florida Bar
Bylaw 2-4.3 Duties of the Executive Director, The executive director shall keep the records of
The Florida Bar and the board of governors.
Dear Mr. Harkness:
My request for public records to you J uly 28, 2014 requested, inter alia,
Loyalty oaths for Florida Bar employees
(Article II, Section 8, Fla. Const.)
5. Loyalty oaths for Florida Bar employees as recipients of public funds from the state of
Florida that you support the Constitution of the United States, and Florida. For example,
J ohn F. Harkness Gregory W. Coleman
J ohn T. Berry Ramn A. Abadin
Adria E Quintela Arne Vanstrum
Mary Ellen Batemen Troy Lovell
Shanell Schuyler Leonard Clark
Lori S. Holcomb Susan Varner Bloemendaal
J ames N. Watson Sandra Fascell Diamond
Sheila M. Tuma Andrew B. Sasso
J an K. Wichrowski Carl B. Schwait
Ghunise Coaxum Annemarie Craft
Patricia A. T. Savitz J enny J olinski
J enny R. J olinski, CRM CDIA+, Records Manager for The Florida Bar responded by email
yesterday, inter alia, The bar has no responsive records to your request. (forwarded/attached)
Therefore, it appears the above listed Bar employees/former employees are in violation of,
Section 876.05, Florida Statutes, Public employees; oath.
Section 876.06, Florida Statutes, Discharge for refusal to execute.
Section 876.08, Florida Statutes, Penalty for not discharging
Section 876.09, Florida Statutes, Scope of law.
Please respond to my accusation by the close of business today. In the alternative I will proceed
on the basis that the above listed Bar officers, employees/former employees violated the statutes
shown. The statutes are attached. You are free to take any action, or no action. Thank you.
Sincerely,
Neil J . Gillespie

Select Year:
The 2014 Florida Statutes
Title
XLVI
CRIMES
Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC
ORDER
View Entire
Chapter
876.05 Public employees; oath.
(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the
state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the
free public school system of the state or counties, or institutions of higher learning, except candidates for
federal office, are required to take an oath before any person duly authorized to take acknowledgments of
instruments for public record in the state in the following form:
I, , a citizen of the State of Florida and of the United States of America, and being employed by or an
officer of and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that
I will support the Constitution of the United States and of the State of Florida.
(2) Said oath shall be filed with the records of the governing official or employing governmental agency
prior to the approval of any voucher for the payment of salary, expenses, or other compensation.
History.s. 1, ch. 25046, 1949; s. 22, ch. 83-214; s. 55, ch. 2007-30; s. 77, ch. 2011-40.
Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.05.html

Select Year:
Title
XLVI
CRIMES
Chapter 876
ORDER
View Entire
Chapter
876.06 Discharge for refusal to execute.If any person required by ss. 876.05-876.10 to take the oath
herein provided for fails to execute the same, the governing authority under which such person is employed
shall cause said person to be immediately discharged, and his or her name removed from the payroll, and such
person shall not be permitted to receive any payment as an employee or as an officer where he or she was
serving.
History.s. 2, ch. 25046, 1949; s. 1414, ch. 97-102.

Select Year:
Title
XLVI
CRIMES
Chapter 876
ORDER
View Entire
Chapter
876.08 Penalty for not discharging.Any governing authority or person, under whom any employee is
serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in
employment after failing to comply with the provisions of ss. 876.05-876.10, shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 4, ch. 25046, 1949; s. 1140, ch. 71-136.

Select Year:
Title
XLVI
CRIMES
Chapter 876
ORDER
View Entire
Chapter
876.09 Scope of law.
(1) The provisions of ss. 876.05-876.10 shall apply to all employees and elected officers of the state,
including the Governor and constitutional officers and all employees and elected officers of all cities, towns,
counties, and political subdivisions, including the educational system.
(2) This act shall take precedence over all laws relating to merit, and of civil service law.
History.ss. 5, 7, ch. 25046, 1949.

Neil Gillespie
Attach: TFB Staff Policies re email.doc; 2012 2013 fee stmt with oath.pdf; TFB_Record_Series_2014 .pdf
Page 1of 2
8/8/2014
Dear Mr. Gillespie,


received.
1. Pending







statement?...





Records Manager,
The Florida Bar
850-561-5708

Page 2of 2
8/8/2014

Neil Gillespie
To: "Mary Ellen Bateman" <mbateman@flabar.org>
Sent: Monday, August 11, 2014 5:05 PM
Subject: Corrected records request
Page 1of 8
8/11/2014
Ms. Bateman,
My records request for loyalty oaths under Article II, Section 8, Fla. Const. was misplaced. Section 8 is
Ethics in government.A public office is a public trust.
Corrected records request. Provide records of loyalty oaths required under any authority for Florida Bar
employees as recipients of public funds from the state of Florida that you support the Constitution of the
United States, and Florida. If there are no responsive records, provide records showing where the
records of such loyalty oaths are found; or you can tell me where the records are located. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
To: Neil Gillespie

Mr. Gillespie:

oath as well as the loyalty oaths of Mr. Harkness and Ms. Jolinski.

Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
mbateman@flabar.org


Neil Gillespie
Attach: Letter to Mary Ellen Bateman August 6, 2014 18p.pdf
Subject: Re: Public Record Request - 2014/07/28 (Gillespie)
Page 1of 3
8/11/2014
Dear Ms. J olinski,
Here are my responses to recent emails you provided.
Your email of Thursday, August 07, 2014 3:41 PM:
The attached a Word file produces an error message when I try to open it; TFB Staff Policies re email
file is likely okay, but is not compatible with my antiquated Word program. Can you provide TFB Staff
Policies re email in PDF?
Corrected records request. Provide records of loyalty oaths required under any legal authority for Florida
Bar employees as recipients of public funds from the state of Florida that you support the Constitution of
the United States, and Florida. If there are no responsive records, provide records showing where the
records of loyalty oaths are located; or you can tell me where the records are located.
----------------------
Your email of Thursday, J uly 31, 2014 11:16 AM
Provide the following records, to which I agree to pay charges under protest. I am unable to pay the
agreed-to charges before September 4, 2014.
Mr. Bauer, 201400144 - complainant: Wilson - 33 pages - 1 hour 30 minutes -
$20.09
Mr. Castaoliuolo, 201310922 - Volpe - 35 pages - 1 hour 30 minutes - $20.09
My attached response to Ms. Bateman shows the following ACAP telephone inquires are public records.
ACAP telephone inquires are not sworn Bar complaints, "Rule 3-7.3(c) Form for Complaints. All
complaints, except those initiated by The Florida Bar, shall be in writing and under oath....". ACAP
telephone inquires are not in writing and not made under oath. Provide the records of the following
telephonic ACAP inquires:
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
To: Neil Gellespie

Dear Mr. Gillespie,


received.
1. Pending


The legal basis that "Email is a message delivery system. It is not a record no more than and
email sent or received by The Florida Bar. For example, Ms. Jolinski's email Wednesday, June 25,
2014 1-:02 AM, Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17, shows,
"[attachment "Center for Professionalism_Regulating-Oath.pdf deleted by Jenny Jolinski/The Florida
Bar.



5. Loyalty oaths for the Florida Bar employees as recipients of public funds from the state of
Florida...


Page 2of 3
8/11/2014
statement?...


8. What is the Bar's duty upon receipt of information showing an attorney resigned, in this case from
a state school teach job, while under state investigation?



Records Manager,
The Florida Bar
850-561-5708

Page 3of 3
8/11/2014

Neil Gillespie
To: <FCiaccio@flabar.org>
Sent: Tuesday, August 12, 2014 12:39 PM
Subject: loyalty oaths for Florida Bar employees
Page 1of 1
8/19/2014
The Florida Bar

Good afternoon.
Does Human Resources keep loyalty oaths for Florida Bar employees as recipients of public funds from
the state of Florida that they support the Constitution of the United States, and Florida? If so, this is a
request for copies of the records. If not, do you know where I can find who keeps loyalty oaths for
Florida Bar employees?
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
VIA UPS No. 1Z64589FP293807341 August 12, 2014
Mr. J ohn F. Harkness, Executive Director
The Florida Bar
RE: Bylaw 2-4.3 Duties of the Executive Director, The executive director shall keep the
records of The Florida Bar and the board of governors.
Dear Mr. Harkness:
yourself, and Florida Bar employees as recipients of public funds from the state of Florida that
you support the Constitution of the United States, and Florida. If there are no responsive records,
provide records showing where the records of such loyalty oaths are found.
Enclosed you will find copies of my corrected records request to Ms. J olinski, Ms. Bateman, and
Francesca Ciaccio-Freeman, Director, Human Resources, for The Florida Bar. Unfortunately
none of The Bar employees responded, so I direct the records request to you.
My enclosed email to Ms. J olesnki shows in part,
My attached response to Ms. Bateman shows the following ACAP telephone inquires are
public records. ACAP telephone inquires are not sworn Bar complaints, "Rule 3-7.3(c)
Form for Complaints. All complaints, except those initiated by The Florida Bar, shall be
in writing and under oath....". ACAP telephone inquires are not in writing and not made
under oath. Provide the records of the following telephonic ACAP inquires:
Unfortunately Ms. J olinski did not respond. It appears Ms. J olinski has corruptly used or
attempted to use her official position or any property or resource which may be within her trust,
or failed to perform her official duties, to secure a special privilege, benefit, or exemption for
herself or others, Mr. Bauer, Mr. Rodems, and Mr. Castaoliuolo, and in doing so violated section
112.313, Florida Statutes, Standards of conduct for public officers, and employees of agencies.
Mr. J ohn F. Harkness August 12, 2014
It appears The Florida Bar is a "subversive organization" within the meaning of Chapter 876,
Florida Statutes, Criminal Anarchy, Treason, and Other Crimes Against Public Order.
The Florida Bar, Executive Director J ohn F. Harkness et al, the Florida Supreme Court, Attorney
General Pam Bondi et al, and certain federal judicial officers and employees, engaged, inter alia,
in the fraud and impairment of Petition No. 12-7747 to the U.S. Supreme Court, 18 U.S.C. 371,
and other crimes described in the enclosed Department of J ustice Criminal Resource Manual
1739, that include the Attorney Generals paralegal Sandra L. Burge obtaining a position as a
paralegal to David A. Rowland, General Counsel of the Thirteenth J udicial Circuit, whereupon
Ms. Burge obstructed Petition No. 12-7747, and obstructed justice, as an agent for the Attorney
General and The Florida Bar et al., operating from within the Thirteenth J udicial Circuit.
The criminal combination of the Attorney General (Executive Branch), and The Florida Bar, an
arm of Florida Supreme Court (J udicial Branch), violates, inter alia, the separation of powers
mandated by the Florida Constitution.
Article II, Section 3. Branches of government.The powers of the state government
shall be divided into legislative, executive and judicial branches. No person belonging to
one branch shall exercise any powers appertaining to either of the other branches unless
expressly provided herein.
The purpose of separate branches of government is to protect individual freedoms and prevent
the government from abusing its power. A remedy for The Florida Bar is found in section
876.26, Florida Statutes; the subversive organization [The Florida Bar] "shall be dissolved".
"876.26 Unlawful for subversive organizations to exist or function.It shall be unlawful
for any subversive organization or foreign subversive organization to exist or function in
the state and any organization which by a court of competent jurisdiction is found to have
violated the provisions of this section shall be dissolved,..." (enclosed)
The remedy, inter alia, for the Attorney General is the election of George Sheldon.
Provide a response to this records request immediately. Also, I do not show a response from you
to my letter of J uly 28, 2014 for matters other than public records. (enclosed). I do not show a
response from you to my letter of August 8, 2014. (enclosed). Please respond immediately.
Sincerely,
Neil J . Gillespie
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
Mr. J ohn F. Harkness August 12, 2014
Service List, August 12, 2014
cc: Governor Rick Scott cc: Commissioner Adam Putnam
Email: Rick.Scott@eog.myflorida.com Email: Adam.Putnam@freshfromflorida.com
cc: Chief Financial Officer J eff Atwater cc: Melinda M. Miguel, Chief Inspector General
Email: J eff.Atwater@myfloridacfo.com Email: Melinda.Miguel@eog.myflorida.com
cc: George Sheldon cc: Office of the Attorney General
Email: ghsheldon@aol.com Email: ag@myfloridalegal.com
cc: Greg White, Inspector General, State Courts
Email: Inspgenl@flcourts.org
cc: Steve Rumph, Inspector General, Legal Affairs
Email: Steve.Rumph@myfloridalegal.com
cc: Ramon A. Abadin, Florida Bar President-elect 2014-15
cc: J ohn T. Berry, Director, Legal Division, The Florida Bar
Email: jberry@flabar.org
cc: Thomas A. Tad David, OSCA
The Brechner Center, http://www.brechner.org/
Proof of Del i very
Service: UPS Ground
Weight: 1.00 lb
Delivered On: 08/13/2014 11:16 A.M.
Signed By: BRIGHT
Left At: Office
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Sincerely,
UPS
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Title
XLVI
CRIMES
Chapter 876
ORDER
View Entire
Chapter
876.26 Unlawful for subversive organizations to exist or function.It shall be unlawful for any
subversive organization or foreign subversive organization to exist or function in the state and any
organization which by a court of competent jurisdiction is found to have violated the provisions of this section
shall be dissolved, and if it be a corporation organized and existing under the laws of the state, a finding by a
court of competent jurisdiction that it has violated the provisions of this section shall constitute legal cause
for forfeiture of its charter and its charter shall be forfeited, and all funds, books, records, and files of every
kind and all other property of any organization found to have violated the provisions of this section shall be
seized by and for the state, the funds to be deposited in the State Treasury, and the books, records, files, and
other property to be turned over to the Attorney General of Florida.
History.s. 5, ch. 28221, 1953.
US Attorneys >USAM >Title 9 >Criminal Resource Manual 1739
prev | next | Criminal Resource Manual
Conduct within the purview of the obstruction of justice statutes may also violate one or more of the
following statutes:
18 U.S.C. 1111, 1112, and 1114--interference with, assaults on, or killing of Federal judges and
prosecutors, (overlap with 18 U.S.C. 1503, 1512, and 1513). See United States v. Houlihan, 937 F. Supp.
75, 76 (D. Mass. 1996).
A.
18 U.S.C. 201(a), (b) and (c)--bribery of Federal public officials and witnesses (overlap with 18 U.S.C.
1503 and 1505 (public officials) and 18 U.S.C. 1512 (witness)). Subsection (e) of this statute provides
that the offenses and penalties in this section are separate from and in addition to those in 18 U.S.C. 1503,
1504, and 1505. See United States v. DeAlesandro, 361 F.2d 694, 699-700 (2d Cir.), cert. denied, 385 U.S.
842 (1966). [NOTE: Subsection (k) as cited in DeAlesandro was redesignated as subsection (e), Pub. L. No.
99-646, 46(k), 100 Stat. 3604 (amended 1986).]
B.
18 U.S.C. 241--conspiracy to injure or intimidate any citizen on account of his or her exercise or possibility
of exercise of Federal right (overlap with 18 U.S.C. 1503, 1510, 1512, and 1513). Under 18 U.S.C. 241,
it is a Federal offense to conspire to injure a citizen for having exercised a Federal right or to conspire to
intimidate a citizen from exercising a Federal right. One such right is the right to be a witness in a Federal
court, United States v. Dinome, 954 F.2d 839, 845 (2d Cir.), cert. denied, 506 U.S. 830 (1992); United States
v. Thevis, 665 F.2d 616, 626 (5th Cir.), cert. denied, 456 U.S. 1008, and cert. denied, 458 U.S. 1109, and
cert. denied, 459 U.S. 825 (1982); or other Federal proceeding, United States v. Smith, 623 F.2d 627, 629
(9th Cir. 1980). "So is the right to inform Federal officials of violations of Federal laws." Id.
C.
18 U.S.C. 245(b)(1)(D), (2)(D), (4)(A), and (5)--intimidating or retaliating against individuals on account of
their serving or possibly serving as a grand or petit juror in a Federal court (overlap with 18 U.S.C. 1503)
or on account of their serving or possibly serving as a grand or petit juror in a state court if the conduct is
motivated by the race, color, religion, or national origin of the victim.
D.
18 U.S.C. 371 and 372--conspiracies to commit any offense against the United States, or to prevent or
retaliate in response to the lawful discharge of the duties of Federal officers (overlap with 18 U.S.C.
1503, 1505, 1510, 1512, and 1513). see generally United States v. Frankhauser, 80 F.3d 641, 653 (1st Cir.
1996) (conspiracy to persuade witness to destroy or conceal evidence for use in an official proceeding);
United States v. Fullbright, 69 F.3d 1468, 1472 (9th Cir. 1995) (conspiracy to mail arrest warrants to a
United States Bankruptcy Judge); United States v. Mullins, 22 F.3d 1365, 1367 (6th Cir. 1994) (conspiracy to
alter flight log books of police officers to prevent information from reaching the grand jury); United States v.
Jeter, 775 F.2d 670, 683 (5th Cir. 1985) (conspiracy to obtain secret grand jury information), cert. denied,
475 U.S. 1142 (1986).
E.
18 U.S.C. 401--contempt of court (overlaps with 18 U.S.C. 1503). Contemptuous conduct in the
presence of the court is specifically covered by 18 U.S.C. 401; however, such conduct may also satisfy the
elements of 18 U.S.C. 1503. In that situation, a defendant may be charged under 18 U.S.C. 1503 even
though the offense conduct occurred in the presence of the court. See, e.g., United States v. Jones, 663 F.2d
567, 569 (5th Cir. 1981) (threat directed at judge and prosecutor).
F.
18 U.S.C. 1001--false statements and concealment of material facts before Federal departments and
agencies (overlap with 18 U.S.C. 1505).
G.
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01739.htm
18 U.S.C. 1621 to 1623--perjury, subornation of perjury, and false declarations before grand juries and
courts (overlap with 18 U.S.C. 1503, 1505, and 1512). It has been held by at least one court that simple
perjury, the assertion of a false affirmative statement by an individual testifying under oath, is not an
obstruction of justice under the omnibus clause of 18 U.S.C. 1503. See United States v. Faudman, 640 F.2d
20, 23 (6th Cir. 1981); United States v. Essex, 407 F.2d 214, 218 (6th Cir. 1969). But see United States v.
Griffin, 589 F.2d 200, 203, 204 (5th Cir.) (dicta), cert. denied, 444 U.S. 825 (1979); cf. Smith v. United
States, 234 F.2d 385 (5th Cir. 1956) (submission of false affidavits of others violates omnibus clause).
However, if simple perjury is accompanied by other obstructive, truth-suppressing acts, an omnibus
clause offense may exist. In United States v. Alo, 439 F.2d 751 (2d Cir.), cert. denied, 404 U.S. 850 (1971),
the court held that evasive testimony, such as a false denial of knowledge or memory, was included within
the coverage of the omnibus clause of 18 U.S.C. 1505. The court rejected the argument that the clause
proscribed only those efforts that interfered with other witnesses or documentary evidence. Id. at 754.
This reasoning applies as well to the omnibus clause of 18 U.S.C. 1503. Griffin, 589 F.2d at 203-05
(false denial of knowledge and memory before grand jury); United States v. Cohn, 452 F.2d 881, 883-84 (2d
Cir. 1971) (same), cert. denied, 405 U.S. 975 (1972).
Suborning perjury, 18 U.S.C. 1622, may also be an 18 U.S.C. 1503 omnibus clause offense. See
Griffin, 589 F.2d at 203 (construing United States v. Partin, 552 F.2d 621, 630-31 (5th Cir.), cert. denied,
434 U.S. 903 (1977); Catrino v. United States, 176 F.2d 884, 886-87 (9th Cir. 1949). While section 1622
requires proof that perjury was in fact committed, see, e.g., United States v. Brumley, 560 F.2d 1268, 1278
n.5 (5th Cir. 1977), the omnibus clause of section 1503 does not and thus may be used to prosecute attempts
to suborn perjury. See Catrino, 176 F.2d at 886-87.
26 U.S.C. 7212--interference with or endeavors to interfere with the due administration of the Internal
Revenue laws (overlap with 18 U.S.C. 1505).
I.
H.
[cited in USAM 9-69.100]
US Attorneys >USAM >Title 9 >Criminal Resource Manual 925
prev | next | Criminal Resource Manual
Under 18 U.S.C. 371, the fraud or impairment of legitimate government activity may take any of several
forms:
Bribery of a government employee, kickbacks to government employees or extortion of money or
favors by government employees, misrepresentations of financial capability, alteration or falsification
of official records, submission of false documents; and
1.
Obstructing, in any manner, a legitimate governmental function. 2.
[cited in USAM 9-42.001]
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DEPRIVATION OF RIGHTS UNDER COLOR OF
LAW
Summary:
Section 242 of Title 18 makes it a crime for a person acting under color
of any law to willfully deprive a person of a right or privilege protected
by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts
not only done by federal, state, or local officials within the their lawful
authority, but also acts done beyond the bounds of that official's lawful
authority, if the acts are done while the official is purporting to or
pretending to act in the performance of his/her official duties. Persons
acting under color of law within the meaning of this statute include
police officers, prisons guards and other law enforcement officials, as
well as judges, care providers in public health facilities, and others who
are acting as public officials. It is not necessary that the crime be
motivated by animus toward the race, color, religion, sex, handicap,
familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term,
or the death penalty, depending upon the circumstances of the crime,
and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever , under color of any law, statute, or dinance,
r egulation, or custom, willfully subjects any per son in any
State, Ter r itor y, Commonwealth, Possession, or Distr ict to
the depr ivation of any r ights, pr ivileges, or immunities
secur ed or pr otected by the Constitution or laws of the United
States, ... shall be fined under this title or impr isoned not
mor e than one year , or both; and if bodily injur y r esults fr om
the acts committed in violation of this section or if such acts
include the use, attempted use, or thr eatened use of a
danger ous weapon, explosives, or fir e, shall be fined under
this title or impr isoned not mor e than ten year s, or both; and
if death r esults fr om the acts committed in violation of this
section or if such acts include kidnaping or an attempt to
kidnap, aggr avated sexual abuse, or an attempt to commit
aggr avated sexual abuse, or an attempt to kill, shall be fined
under this title, or impr isoned for any ter m of year s or for
life, or both, or may be sentenced to death.
Return to the Criminal Section Home Page

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http://www.justice.gov/crt/about/crm/242fin.php

Neil Gillespie
Attach: TFB Staff Policies re email.pdf
Page 1of 4
8/12/2014
Dear Mr. Gillespie,
I have attached the TFB Email Policy as a PDF as a courtesy. Once you have remitted payment, I will
forward the two files you have requested.

Regards,

Records Manager,
The Florida Bar
850-561-5708


Date: 08/11/2014 06:28 PM

Dear Ms. J olinski,
file is likely okay, but is not compatible with my antiquated Word program. Can you provide TFB Staff
Policies re email in PDF?
Corrected records request. Provide records of loyalty oaths required under any legal authority for Florida
Bar employees as recipients of public funds from the state of Florida that you support the Constitution of
the United States, and Florida. If there are no responsive records, provide records showing where the
records of loyalty oaths are located; or you can tell me where the records are located.
----------------------
$20.09
My attached response to Ms. Bateman shows the following ACAP telephone inquires are public records.
ACAP telephone inquires are not sworn Bar complaints, "Rule 3-7.3(c) Form for Complaints. All
complaints, except those initiated by The Florida Bar, shall be in writing and under oath....". ACAP
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
To: Neil Gellespie

Dear Mr. Gillespie,


Page 2of 4
8/12/2014
received.
1. Pending







statement?...





Records Manager,
Page 3of 4
8/12/2014
The Florida Bar
850-561-5708

request. Your e-mail communications may therefore be subject to public disclosure. [attachment "Letter to
Mary Ellen Bateman August 6, 2014 18p.pdf" deleted by J enny J olinski/The Florida Bar]
Page 4of 4
8/12/2014

Neil Gillespie
To: "Mary Ellen Bateman" <mbateman@flabar.org>
Subject: Corrected records request
Page 1of 8
8/12/2014
Ms. Bateman,
Corrected records request. Provide records of loyalty oaths required under any authority for Florida Bar
employees as recipients of public funds from the state of Florida that you support the Constitution of the
United States, and Florida. If there are no responsive records, provide records showing where the
records of such loyalty oaths are found; or you can tell me where the records are located. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
To: Neil Gillespie

Mr. Gillespie:

oath as well as the loyalty oaths of Mr. Harkness and Ms. Jolinski.

Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
mbateman@flabar.org


To: "Mary Ellen Bateman" <mbateman@flabar.org>, "Gov. Rick Scott" <Rick.Scott@eog.myflorida.com>, "John F Harkness"
<jharkness@flabar.org>, "Jenny Jolinski" <JJolinski@flabar.org>, "Gregory William Coleman" <gcoleman@bclclaw.com>, "Ramon A.
Abadin" <ramon.abadin@sedgwicklaw.com>
Cc: "Sandra Chance" <schance@jou.ufl.edu>, <watersc@flcourgs.org>, "Public Information Office"
<publicinformation@flcourts.org>, "First Amendment Foundation" <Sunshine@floridafaf.org>, "Thomas A David"
<davidt@flcourts.org>, "John Anthony Tomasino" <tomasino@flcourts.org>
Date: 08/06/2014 04:42 PM
Subject: Re: Response to Your Correspondence of July 31, 2014

Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
Dear Ms. Bateman:
Assistance, an electronic record is made of the RFA by ACAP staff, which is a public record. The
electronic record of the RFA entered into The Bars computer is outside Rule 3-7.1(b) because a
telephone call is not a sworn complaint. Only sworn complaints meet the Form of Complaints in Rule
3-7.3(c)
Rule 3-7.3(c) Form for Complaints. All complaints, except those initiated by The Florida Bar, shall be
in writing and under oath. The complaint shall contain a statement providing: Under penalty of perjury,
I declare the foregoing facts are true, correct, and complete.
Therefore Ms. Bateman, your reliance on Rule 3-7.1(b) is misplaced. Unfortunately, it appears you are
misusing your public position to corruptly benefit/protect Mr. Rodems, Mr. Bauer and Mr.
Castaoliuolo.
On Thursday, J une 26, 2014 at 2:12 PM Ms. J olinski emailed me, stating in part, "3 were inquiries
resulting in no public documents". [Ms. J olinskis email is attached in PDF]. The inquiries are shown
below.
The above case numbers, ACAP 14-2445, ACAP 14-14506, and ACAP 14-14243 are partial electronic
public records of three ACAP telephonic Requests For Assistance. I demand The Florida Bar
Page 2of 8
8/12/2014
immediately provide the full public records, "regardless of physical form, characteristics, or means of
transmission" Rule 2.420(b)(1).
The record of a telephonic RFA is an administrative record under Rule 2.440(a)(2)(B), and a public
record under Rule 2.420 Access to J udicial Branch Records.
(a) Definitions.
(1) "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.
(2) "Records of the judicial branch" means all records, regardless of physical form, characteristics, or
judicial branch entity and consists of:
(B) "administrative records," which means 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.

(b) Definitions.
(1) "Records of the judicial branch" are all records, regardless of physical form, characteristics, or
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.
Because ""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", your contention below that only "correspondence, paper, etc."
documents are public records is not correct, and an apparent violation of F.S. 112.313(6) MISUSE
OF PUBLIC POSITION, to corruptly benefit/protect Mr. Rodems, Mr. Bauer and Mr. Castaoliuolo.
Ms. Bateman, your reliance on Rule 3-7.1(b), emailed Friday, August 01, 2014 6:24 PM, shown
below, does not apply because a telephone inquiry is not a sworn complaint. All complaints must be
sworn. Rule 3-7.3(c).
Florida, and any reports, correspondence, papers, recordings, and/or transcripts of
hearings furnished to, served on, or received from the respondent or the
complainant." Because there are no records that meet the above definition in either
ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 - Castagliuolo/Tomaso, (in other
words, there is no correspondence, paper, etc. furnished to or received from the
respondent or complainant, and no records before the grievance committee, referee
or court), there are no public records to provide to you."
Page 3of 8
8/12/2014
records is not correct. A telephoned Request For Assistance results in an electronic record of the RFA
made by ACAP staff, and a public record under Rule 2.420(b)(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
Access to Florida Bar administrative records is Constitutionally guaranteed (Art. I, Sec. 24, Fla.
Const.) through Rule 2.420, Access to J udicial Branch Records. Therefore, The Florida Bar is
Constitutionally required to provide records of "an inquiry by telephone to our ACAP Hotline", an
administrative record under Rule 2.440(a)(2)(B), "regardless of physical form, characteristics, or
means of transmission, made or received in connection with the transaction of official business".
The Florida Constitution is the supreme law of Florida, superseded only as provided by Article Six,
Clause 2, of the United States Constitution,
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and
all Treaties made, or which shall be made, under the Authority of the United States, shall be the
supreme Law of the Land; and the J udges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding."
Ms. Bateman, this is a request for the public record of your loyalty oath as a public employee and
recipient of public funds from the state of Florida, that he/she supports the Constitution of the United
States, and Florida. (Art. II, Sec. 8, Fla. Const.). Provide also the loyalty oath for Mr. Harkness and
Ms. J olinski.
knowledgeable than me on whether "an inquiry by telephone to [the] ACAP Hotline" a public record;
or is a sworn complaint under Rule 3-7.3(c); whether public records are limited to
"correspondence, paper, etc."; or whether a closed bar complaint is a public record for one year
after closure and subject to public disclosure. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807



Page 4of 8
8/12/2014




To: Neil Gillespie



Your letter provides a Notice of Constitutional Challenge related to Ms. Jolinski's "contention that

of The Florida Bar are administrative records as set forth by the Rules of Judicial Administration, as
you have correctly noted. When it comes to the records of complaints or inquiries related to lawyers,
there are specific rules that apply. The public record in those matters is defined for us by the Rules
of the Rules Regulating The Florida Bar. Rule 3-7.1(b) defines the public record as "the record before
a grievance committee, the record before a referee, the record before the Supreme Court of Florida,
and any reports, correspondence, papers, recordings, and/or transcripts of hearings furnished to,
Page 5of 8
8/12/2014
served on, or received from the respondent or the complainant." Because there are no records that
meet the above definition in either ACAP 14-2445 -Bauer/Evans or ACAP 14-14243 -
Castagliuolo/Tomaso, (in other words, there is no correspondence, paper, etc. furnished to or
received from the respondent or complainant, and no records before the grievance committee,
referee or court), there are no public records to provide to you.





Mary Ellen Bateman
Division Director
The Florida Bar
(850)561-5777
mbateman@flabar.org



Date: 07/31/2014 02:08 PM

Notice of Constitutional Challenge: Access to Florida Bar records is Constitutionally guaranteed (Art.
I, Sec. 24, Fla. Const.) through Rule 2.420, Access to J udicial Branch Records. Therefore, The Florida
Bar is Constitutionally required to provide records of "an inquiry by telephone to our ACAP Hotline",
Page 6of 8
8/12/2014
an administrative record under Rule 2.440(a)(2)(B).
To: Neil Gillespie

Dear Mr. Gillespie,
within the judicial branch. Per Rule and Statute; the first 65 pages are produced without a copy
charge. Beginning at page 66 the copy charge is applied to all of the pages. The first 30 minutes of
staff time is billed at no charge. The staff time fee is based on the type of activity, not who is
performing it. The rates are as follows: clerical assistance, $13.39; IT Analyst, $24.54; and senior
attorney, $44.63.



Mr. Bauer

Mr. Rodems

Mr. Barker

Mr. Castaoliuolo

Regards,

Page 7of 8
8/12/2014

Records Manager,
The Florida Bar
850-561-5708

Page 8of 8
8/12/2014

Neil Gillespie
To: <FCiaccio@flabar.org>
Subject: loyalty oaths for Florida Bar employees
Page 1of 1
8/12/2014
The Florida Bar

Good afternoon.
Does Human Resources keep loyalty oaths for Florida Bar employees as recipients of public funds from
the state of Florida that they support the Constitution of the United States, and Florida? If so, this is a
request for copies of the records. If not, do you know where I can find who keeps loyalty oaths for
Florida Bar employees?
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807

Neil Gillespie
Cc: "J ohn F Harkness" <jharkness@flabar.org>; "Gregory William Coleman" <gcoleman@bclclaw.com>;
"Ramon A. Abadin" <ramon.abadin@sedgwicklaw.com>; "J ohn Thomas Berry" <jberry@flabar.org>;
"Thomas A David" <davidt@flcourts.org>; "J ohn Anthony Tomasino" <tomasino@flcourts.org>;
"Public Information Office" <publicinformation@flcourts.org>; "Sandra Chance"
<schance@jou.ufl.edu>; "First Amendment Foundation" <Sunshine@floridafaf.org>; "Neil Gillespie"
Sent: Wednesday, August 13, 2014 12:23 AM
Attach: TFB_Record_Series_2014 .pdf
Page 1of 5
8/13/2014
Dear Ms. J olinski,
Thank you for the PDF TFB Email Policy. Unfortunately the record does not respond to significant parts
of my request, highlighted below. You wrote, "We have no records responsive to your request regarding
"Email is a message delivery system.""
Well, that statement appears on "TFB_Record_Series_2014", which is attached and highlighted, and
states, "Email is a message delivery system. It is not a record no more than an envelope is a record. It is
the content of the message that determines if it is a record and in which record series the message is
placed." I do not believe the Bars statement is accurate, but is used to evade compliance with Rule
2.440. Retention of J udicial Branch Administrative Records, and Rule 2.420(a), Public Access to
J udicial Branch Records. BTW, the U.S. Postal Service collects information on envelopes as a
record for law enforecment in the "mail cover" program,
http://en.wikipedia.org/wiki/Mail_cover So an envelope itself is a record.
Provide records showing why you and other Bar personal delete PDF documents attached to email
which must be retained under Rule 2.440. Retention of J udicial Branch Administrative Records. Rule
2.440.(a) Definitions (2) "Records of the judicial branch" means 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 consists of: (B) "administrative records," which means 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.
Original records request No. 3 dated J uly 28, 2014:
The legal basis that "Email is a message delivery system. It is not a record no more than an envelope is a
record. It is the content of the message that determines if it is a record and in which record series the
message is placed." (Exhibit 1). The legal basis for deleting PDF attachments to email sent or received
by The Florida Bar. For example, Ms. J olinskis email Wednesday, J une 25, 2014 10:02 AM, Re: Public
Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17, shows, "[attachment "Center for
Professionalism_ Regulating - Oath.pdf" deleted by J enny J olinski/The Florida Bar]".
Also see at the end of this email chain, "[attachment "Letter to Mary Ellen Bateman August 6, 2014
18p.pdf" deleted by J enny J olinski/The Florida Bar]"
Ms. J olinski, why did you apprently delete on August 6, 2014 a public record which must be retained
under Rule 2.440. Retention of J udicial Branch Administrative Records. Rule 2.440.(a) Definitions (2)
"Records of the judicial branch" means 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 consists of: (B) "administrative records," which means 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.
Provide the responsive records immediately. Otherwise a reasonable person could conclude that the
above highlighted practices are not lawful, and concocted for the purpose of fraud or a prohibited
activity, See The Florida Bar Staff Manual Policies Related to E-Mail, specifically Prohibited
Activities, Prohibited activities include, but are not limited to, the following,
1. Engaging in illegal activities.
2. Uploading, downloading, or otherwise transmitting any illegal information or materials
10. ...Fraudulent, harassing or obscene messages are prohibited.
Thank you in advance for the courtesy of a legitimate, honest, complete, and truthful response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
To: Neil Gillespie

Dear Mr. Gillespie,
I have attached the TFB Email Policy as a PDF as a courtesy. Once you have remitted payment, I will
forward the two files you have requested.

Regards,

Records Manager,
The Florida Bar
850-561-5708

Page 2of 5
8/13/2014

Date: 08/11/2014 06:28 PM

Dear Ms. J olinski,
file is likely okay, but is not compatible with my antiquated Word program. Can you provide TFB
Staff Policies re email in PDF?
Corrected records request. Provide records of loyalty oaths required under any legal authority for
showing where the records of loyalty oaths are located; or you can tell me where the records are
located.
----------------------
$20.09
My attached response to Ms. Bateman shows the following ACAP telephone inquires are public
records. ACAP telephone inquires are not sworn Bar complaints, "Rule 3-7.3(c) Form for Complaints.
Page 3of 5
8/13/2014
All complaints, except those initiated by The Florida Bar, shall be in writing and under oath....". ACAP
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
To: Neil Gellespie

Dear Mr. Gillespie,


received.
1. Pending


The legal basis that "Email is a message delivery system. It is not a record no more than and
email sent or received by The Florida Bar. For example, Ms. Jolinski's email Wednesday, June 25,
2014 1-:02 AM, Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17, shows,
"[attachment "Center for Professionalism_Regulating-Oath.pdf deleted by Jenny Jolinski/The Florida
Bar.


Page 4of 5
8/13/2014

5. Loyalty oaths for the Florida Bar employees as recipients of public funds from the state of
Florida...


statement?...


8. What is the Bar's duty upon receipt of information showing an attorney resigned, in this case from
a state school teach job, while under state investigation?



Records Manager,
The Florida Bar
850-561-5708

request. Your e-mail communications may therefore be subject to public disclosure. [attachment "Letter to
Mary Ellen Bateman August 6, 2014 18p.pdf" deleted by J enny J olinski/The Florida Bar]
Page 5of 5
8/13/2014

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