Professional Documents
Culture Documents
STATE OF FLORIDA
NEIL J. GILLESPIE,
Appellant/Petitioner pro se (nonlawyer),
vs.
BARKER, RODEMS & COOK, P.A. Et Al.,
Appellee/Respondent(s).
________________________________________/
APPELLANTS MOTION TO EXTEND TIME
1.
adequate counsel, a person with disabilities, and consumer of legal and court services affecting
interstate commerce, henceforth in the first person, hereby moves to extend time under Fla. R.
App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states:
2.
This Courts Order entered April 30, 2015 states, Appellant's initial brief shall be served
I move to extend time for 30 days under Rule 9.300(a), and Rule 2.514 as follows.
4.
II
Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.
III
Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG
IV
I.
5.
Haynes shows this Court has the duty and authority to appoint counsel, notwithstanding the
denial by Marshal Haynes. I await appointment of counsel, without a conflict of interest.
6.
7.
In rebuttal to Marshal Haynes, the court system appoints counsel every day as a service
within the court system. Therefore Marshal Haynes is not correct in her assessment and denial of
a counsel appointment under Title II of the ADA Amendments Act of 2008. I will limit my
comments in response to the denial provided by Marshal Haynes until directed otherwise.
8.
The court system appoints counsel as authorized by the Florida Constitution, Article V,
Judiciary, Section 14(a), funding for the state courts system...public defenders offices, and court
appointed counsel...shall be provided from state revenues appropriated by general law.
9.
Florida Constitution, Article V, Judiciary, Section 18. Public defenders. In each judicial
circuit a public defender shall be elected for a term of four years, who shall perform duties
prescribed by general law...
10.
Title V of the Florida Statutes govern the Judicial Branch, ch. 25 through ch. 44.
11.
civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as
authorized by general law. The court shall appoint a public defender to represent indigent
persons as authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall
be appointed to represent persons in those cases in which provision is made for court-appointed
counsel but the public defender is unable to provide representation due to a conflict of interest or
is not authorized to provide representation.
12.
Section 27.40(2)(a) Private counsel shall be appointed to represent persons in those cases
in which provision is made for court-appointed counsel but the office of criminal conflict and
civil regional counsel is unable to provide representation due to a conflict of interest.
(b) Private counsel appointed by the court to provide representation shall be selected
from a registry of individual attorneys maintained under this section.
13.
14.
Chapter 29, Fla. Stat. s. 29.007 Court-appointed counsel. - For purposes of implementing
s. 14, Art. V of the State Constitution, the elements of court-appointed counsel to be provided
from state revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the office of criminal
conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of
interest, private attorneys appointed by the court to represent indigents or other classes of
litigants in civil proceedings requiring court-appointed counsel in accordance with state
and federal constitutional guarantees and federal and state statutes.
Note: This section applies in any situation in which the court appoints counsel to protect
a litigants due process rights.
15.
The American Bar Association (ABA) has a "Civil Right to Counsel" page, "Law
Governing Appointment of Counsel in State Civil Proceedings", with 50 research reports, one
for each state detailing existing authority for appointment of counsel in various types of civil
proceedings. There is an Appendix: International Law Relating to Appointment of Counsel in
Civil Proceedings. [United States v. Duarte-Acero, 208 F. 3d 1282 (11th Cir. 2000) is a case
about International Law in Florida and the U.S. Eleventh Circuit.] The ABA Civil Right to
Counsel page is found at http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html
II
Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.
16.
I request time to receive a response from John Bryan Morgan, managing partner of
Morgan & Morgan, to my letter (Appendix 1) on the representation and/or disqualification of the
firm Morgan & Morgan and Ryan Christopher Rodems in this matter.
17.
I received a letter dated December 16, 2014 from Mr. Rodems on the letterhead of
Morgan & Morgan (A1:1) in violation of sec. 784.048(4) Fla. Stat. and a court-imposed
prohibition of conduct of Hillsborough Judge Claudia Isom to refer to each other by surnames
in letters that have to do with this litigation.
18.
I consulted Mr. Morgan at Morgan & Morgan on October 10, 2011 about representation
in matters with Mr. Rodems (prior to his job there) that form the basis of this appeal. (A1:3,4).
III
Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG
19.
On May 19, 2015 I submitted a Complaint pursuant to sec. 20.055(1)(d), Florida Statutes,
against the Second District Court of Appeal, to Chief Inspector General Melinda M. Miguel. The
Complaint appears at Appendix 2. Previously on December 4, 2014 I submitted a Complaint
pursuant to Section 20.055(1)(d), Florida Statutes, against the Second District Court of Appeal,
to Greg White, Inspector General, Office of Inspector General, State Courts System. IG White
refused to investigate the complaint. IG White wrote After reviewing some of the voluminous
material that you have sent to me, I conclude that your complaint is not creditable. It appears IG
White is biased toward me, and his decision reflects his bias: IG White failed to explain why my
complaint is not creditable.
20.
This complaint is directed only against the Florida Second District Court of Appeal. Misconduct
by individual judges will be brought by separate complaint to the appropriate agency. This is not
a Florida Bar complaint. Clearly IG White is biased against me, and refused his duty as IG.
21.
The Office of the Chief Inspector General was created in Section 14.32, Florida Statutes,
effective October 1, 1994. This office has the responsibility for promoting accountability,
integrity, and efficiency in state government. The Chief Inspector General has responsibility for
monitoring the activities of the Offices of Inspectors General in the state agencies that are under
the jurisdiction of the Governor. The Chief Inspector General also serves in accordance with
20.055, Florida Statutes, as the agency Inspector General for the Office of the Governor.
22.
My complaint against the 2dDCA shows serious wrongdoing by the Court. Therefore, a
reasonable person could conclude I could not get a fair hearing in the Florida Second District
Court of Appeal due to bias.
23.
Rule 2.330(d) defines the general grounds for disqualification and identifies several
specific grounds. As previously noted, the legal procedure for disqualification is intended to
serve the same general goals as the Code of Judicial Conduct. A judge is obligated by the Code
of Judicial Conduct to enter an order of disqualification in any of these circumstances even if a
party has not filed a motion for disqualification. It follows that a motion for disqualification is
legally sufficient if it alleges any of these matters listed in Canon 3E(1).
24.
In this case the record is clear that the Second District Court of Appeal can not be
impartial. The basic tenet for disqualification of a judge is that justice must satisfy appearance of
justice, and this tenet must be followed even if record is lacking of any actual bias or prejudice
on judge's part, and even though this stringent rule may sometimes bar trial by judges who have
no actual bias and who would do their very best to weigh scales of justice equally between
contending parties. Kielbania v. Jasberg 744 So.2d 1027.
25.
It is a fundamental right that every litigant is entitled to nothing less than the cold
neutrality of an impartial judge, and it is the duty of a judge to scrupulously guard this right and
refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is
seriously brought in question. Crosby v. State, 97 So.2d 181. Judge not only must be free of evil
intent but he must also avoid appearance of evil. It is party's right to have judge free from any
obvious source of possible unconscious bias. Aetna Life & Cas. Co. v. Thorn, 319 So.2d 82.
IV
26.
As a nonlawyer I am not competent, and not diligent, as defined by the Rules Regulating
A lawyer shall act with reasonable diligence and promptness in representing a client.
The Social Security Administration, Office of Disability, Notice of Award letter dated
August 23, 1993 said I met the medical requirements to receive Social Security benefits,
and found that I became disabled under its rules on January 17, 1992.
A counsel appointment under the ADA or based on disability is not contingent on finding
the person indigent. The only requirement is disability as defined under the law.
28.
In the event this Court rules to deny this motion, or deny the appointment of counsel, or
deny Title II ADA Accommodation, or deny this motion for any other reason, any such denial
would show grounds for a civil counsel appointment for due process under the Fourteenth
Amendment of the U.S. Constitution, and Powell vs. Alabama, 287 U.S. 45 for due process in
the constitutional sense.
MR. JUSTICE SUTHERLAND delivered the opinion of the Court...."If in any case, civil
or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel,
employed by and appearing for him, it reasonably may not be doubted that such a refusal
The Supreme Court of Florida has a duty and the authority to administratively provide
legal counsel under the Fourteenth Amendment of the U.S. Constitution for Due Process:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures....
Due Process - Legal Information Institute - Cornell University
https://www.law.cornell.edu/wex/due_process
30.
31.
9.300(a), and Rule 2.514, grant appointment of counsel under Title II of the ADA, and include a
general request that the Court grant such other and further relief as it deems equitable.
RESPECFULLY SUBMITTED May 20, 2015.
Certificate of Service
I certify that the foregoing was served today May 20, 2015 through the Florida Courts
E-filing Portal by email as provided by Rule 2.516 Service of Pleadings and Documents.
Pat Frank, Clerk of Circuit Court
Hillsborough County, Florida
County Center
601 E. Kennedy Blvd.
Tampa, FL 33602-4156
Email: frankp@hillsclerk.com
William J. Cook
Barker & Cook, P.A.
501 E Kennedy Blvd. Suite 790
Tampa, Florida 33602-5258
Email: wcook@barkercook.com
Marshal Jo Haynes
Second District Court of Appeal
Email: HaynesJ@flcourts.org
Neil J. Gillespie
v.
Served:
Ryan Christopher Rodems, Esq.
Neil J. Gillespie
William J. Cook
Pat Frank, Clerk
ec
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:
Mr. Gillespie,
I have reviewed your request and supporting documents. Your request must be denied because legal
representation relates to a service outside the court system.
Regards,
Jo Haynes
2
12/17/2014
http://www.floridabar.org/divexe/rrtfb.nsf/FV/63890D65476BC14985257170006C3936
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circumstances.
Maintaining competence
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in
continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.
[Revised: 05/22/2006]
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Member Services
Directories
Attorney Discipline
Consumer Information
Board Certification
Speakers Bureau
Employment Opportunities
E-filing Resources
Legislative Activity
Research &
Professionalism
Ethics Opinions
Rules Regulating the Bar
Fastcase Legal Research
PRI - Practice Resource Institute
Henry Latimer Center for
Professionalism
Lawyer Referral
Voluntary Bar Center
Consultant
Florida Registered Paralegals
Law Faculty Affiliate Members
Courts & Judges
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Judicial Nominating
Commissions
We recently told you that you met the medical requirements to receive Social
Security benefits. Now we are writing to tell you that you meet the other
requirements. Therefore you qualify for monthly disability benefits from Social
Security beginning July 1992.
However, we cannot pay you for July 1992 through July 1993.
The Date You Became Disabled
We found that you became disabled under our rules on January 17, 1992. This is
different from the date given on the application.
Also, you have to be disabled for 5 full calendar months in a row before you can
be entitled to benefits. For these reasons, your first month of entitlement to
benefits is July 1992.
What We Will Pay And When
You will receive $1,185.00 for August 1993 around September 3, 1993.
Your Benefits
We raised your monthly benefit amount beginning December 1992 because the
cost of living increased.
Enclosure(s):
Pub 05-10072
Pub 05-10153
. 160-52-5117HA
Page 2 of 3
Besides the money we are sending you now, you may be due some more Social
Security money for July 1992 through July 1993. We must first subtract the
amount of your Supplemental Security Income payments for some or all of these
months from the Social Security money you are due. When we figure the
amount we have to subtract, we will send another letter to show how it was
done. If you are still due some money after the subtraction, we will also send
you a check.
Other Social Security Benefits
The benefit described in this letter is the only one you can receive from Social
Security. If you think that you might qualify for another kind of Social Security
benefit in the future, you will have to file another application.
Do You Disagree With The Decision?
If you think we are wrong, you have the right to appeal. A person who did not
make the first decision will decide your case. We will correct any mistakes. We
will review those parts of the decision which you believe are wrong and will look
at any new facts you have. We may also review those parts which you believe
are correct and may make them unfavorable or less favorable to you.
The 60 days start the day after you receive this letter.
You must have a good reason if you wait more than 60 days to ask for an
appeal.
The doctors and other trained personnel who decided that you are disabled expect
your health to improve. Therefore, we will review your case in July 1994. We
will send you a letter before we start the review. Based on that review, your
benefits will continue if you are still disabled, but will end if no longer disabled.
For you to be considered disabled under our rules, your health problems must
keep you from doing not only your usual work, but also any other kind of
substantial gainful work.
Also, you must meet this requirement at the same time when you have earned
enough credits for work under Social Security. The last date when you will have
earned enough credits is December 1994.
Please read the enclosed pamphlet, "How You Earn Social Security Credits,"
which explains how the credits are earned and how many a person needs to
receive benefits.
Page 3 of 3
160-52-5117HA
Your Responsibilities
The decisions we made on your claim are based on information you gave us. If
this information changes, it could affect your benefits. For this reason, it is
important that you report changes to us right away.
We have enclosed a pamphlet, "When You Get Social Security Disability
Benefits...What You Need To Know." It will tell you what must be reported and
how to report. Please be sure to read the parts of the pamphlet which explain
what to do if you go to work or if your health improves.
If You Want Help With Your Appeal
You can have a friend, lawyer or someone else help you. There are groups that
can help you find a lawyer or give you free legal services if you qualify. There
are also lawyers who do not charge unless you win your appeal. Your local Social
Security office has a list of groups that can help you with your appeal.
If you get someone to help you, you should let us know. If you hire someone, we
must approve the fee before he or she can collect it. And if you hire a lawyer, we
will withhold up to 25 percent of any past due benefits to pay toward the fee.
If You Have Any Questions
If you have any questions, call us toll free at 1-800-772-1213. We can answer
most questions over the phone. You can also write or visit any Social Security
office. The office that serves your area is located at:
DISTRICT OFFICE
898 30TH AVE NORTH
ST PETERSBURG, FL 33704
If you do call or visit an office, please have this letter with you. It will help us
answer your questions.
Cl . ~ ~
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Louis D. Enoff
Acting Commissioner
of Social Security
May 28,2015
v.
Served:
Ryan Christopher Rodems, Esq.
Neil J. Gillespie
ec
William J. Cook
Pat Frank, Clerk
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