STATE OF FLORIDA

.JUDICIAL QUALIFICATIONS COMMISSION

HON. KERRY I. EVANDER

CHAIR

POST OFFICE BOX I 4 I 06

HON. JAMES A. RUTH

VICE CHAIR

TALLAHASSEE, FLORIDA 323 I 7

MICHAEL L. SCHNEIDER
EXECUTlVE DIRECTOR
GENERAL COUNSEL

(850) 488- I 58 I

ALEXANDER J. WILLIAMS
ASSiSTANT GENERAL COUNSEL

February 2,2016

Neil Gillespie

8092 SW 115 th Loop

Ocala, FL 34481

Docket No. 15-631; Arnold

Re:

Dear Mr. Gillespie:

,'rt .", The Investigative Panel of the Commission ha

completed its
review of your complaint in the above matter and has determined, at
its most recent meeting, that the concerns you have expressed are
not allegations involving a breach of the Code of J dic;jal. Conduct
warranting further action by the Commission butqare matters for
review through the normal court p'rocess,
The purpose of the Commission is to determine the existence of
judicial misconduct and disability as defined by the Constitution and
the laws of the State of Florida. If such misconduct or disability is
found, the Commission can recommend disciplinary action to the
Florida Supreme Court. The Commission has four d no basis for
further action on your complaint that therefore has been dismissed.

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Inquiries by the Commission are confidential pursuant to Art V. Sec 12(a){4) IJt the Florida

Constitution and Rule 2.420, Florida Rules ojJudicial Administration.

TALLAHASSEE FL 323'
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STATE OF FLORIDA

JUDICIAL QUALIFICATIONS COMMISSION

POST OFFICE BOX 14106

TALLAHASSEE, FLORIDA 32317

! 1111, I I"I,Ll II, I I" " 1111" I I

Neil GiUcspie
809~;

SW 11 5 th Loop

Ocala, FL 34481

34481+3567

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STATE OF FLORIDA

..JUDICIAL QUALIFICATIONS COMMISSION

HON. KERRY!. EVANDER

CHAIR

POST OFFICE BOX

HaN . .JAM ES A. RlITH

VICE - CHAIR

I 4 I 06

TALLAHASSEE. FLORIDA 323 I 7

(850) 488- 158 I

MICHAEL L. SCHNEIDER
EXECUTlVE DIRECTOR
GENERAL COUNSEL
ALEXANDER .J. WILLIAMS
ASSISTANT GENERAL COUNSEL

January 4,2016

Neil Gillespie

8092 SW 115 th Loop

Ocala, FL 34481

Docket No. 15-631; Arnold

Re:

Dear Mr. Gillespie:

The Commission has received your complaint. The Investigative
Panel of the Commission meets approximately everJ. six weeks. At
the next meeting, the Panel will evaluate your complaint to determine
whet;her your concerns fall within the Commission's jurisdiction, and
if.so; whether they merit further review.
.
I

"

Thank you for bringing this matter to

attention.

tlt~

Commission's

Alexander J. Will'ams
Assistant General Counsel

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Inquiries by the Commission are confidential pursuant to Art, /', Sec 12(a)(4) a/the Florida

Constitution and Rule 2.420. Florida Rules 0/ Judicial Administration.

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STATE OF FLORIDA

JUDICIAL QUALIFICATIONS COMMISSION

POST OFFICE BOX 14106

TALLAHASSEE, FLORIDA 32317

1,111111,111111111,111111111,111

Neil Gillespie
8092 SW 115 th Loop
Ocala, FL 344S 1

:;:1.::j.481 +~iS57

II,,,II,' ,,11,111111

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FLORIDA JUDICIAL QUALIFICATIONS COMMISSION


 
Tallahassee, FL 323
(850) 488-1581

COMPLAINT FORM
This form is designed to provide the Commission with information required to make an
initial evaluation of your complaint.
PLEASE NOTE: COMPLAINT FORM MUST BE TYPED OR LEGIBLY HAND PRINTED, DATED
AND SIGNED BEFORE IT WILL BE CONSIDERED.
___________________________________________________________________
I.

Person Making Complaint

Name
Mr.
Ms.
Mrs.
Address

Gillespie
Neil
Joseph
___________________________________________________________________________
(Last)
(First)
(Middle)

8092 SW 115th Loop

___________________________________________________________________________
Ocala, Florida 34481
___________________________________________________________________________

352-854-7807
Telephone Number(s): (Day)_________________________

352-854-7807
(Evening)_________________________

***********************************************************************
II. Judge Against Whom Complaint is Made
Name

ARNOLD
JAMES
D
___________________________________________________________________________
(Last)
(First)
(Middle)

Address

4935 N River Shore Dr

____________________________________________________________________________

Tampa, FL 33603-1719
___________________________________________________________________________
Supreme Court ___________________________________
District Court
of Appeal

___________________________________

Circuit Court

Hillsborough, 13th Circuit

___________________________________

County Court

___________________________________

III. Statement of Facts

Please provide in as much detail as possible the information which you have knowledge which you
believe constitutes judicial misconduct or disability. Include names, dates, places, addresses and
telephone numbers which may assist the Commission.

Judge James D. Arnold, in combination with Public Defender Mike Peacock, whos office was
appointed to represent me, altered the official record of a hearing June 1, 2011 at 11:00 a.m.
before Judge Arnold, on OFFICE OF THE PUBLIC DEFENDER'S MOTION FOR
CLARIFICATION, to remove, fail to file, or otherwise cause the motion not to appear in the
official court records of Hillsborough County, Florida, in case no. 2005-CA-7205, Neil J
Gillespie v Barker, Rodems & Cook, PA. Enclosed is the following:
1. Public Defender mailing to Gillespie June-01-2011-Attorney-Client privilege applies 5p
2. 2011, 06-01-11, TRANSCRIPT Judge Arnold hearing-Certified Copy
3. 2015, 07-31-15, AFFIDAVIT of Dana Caranante, cannot locate on OFFICE OF THE PUBLIC
DEFENDER'S MOTION FOR CLARIFICATION

If additional space is required, attach and number pages.

IV. Additional Information (if available)

a. If your complaint arises out of a court case, please answer the following questions:
1. What is the name and number of the case?

2005-CA-7205
Case name: ______________________________ Case No. _____________________________
Gillespie v Barker, Rodems & Cook, PA

2. What kind of case is it?

/ / criminal / domestic relations / probate

/ small claims / traffic / other (specify)

civil

3. What is your relationship to the case?

/ plaintiff/petitioner
/ defendant/respondent
/ attorney for _______________________________: ________________________________
/ witness for ________________________________: ________________________________
/ other (specify)
b. If you were represented by an attorney in this matter at the time of the judges conduct, please
identify the attorney:

Public Defender Mike Peacock

Name _____________________________________________________________________________
700 E. Twiggs Street, Fifth Floor, Tampa, Florida 33672-0910
Address ___________________________________________________________________________

(813) 272-5980
Phone ____________________________________________________________________________
c. List and attach copies of any relevant documents which you believe support your claim that the
judge has engaged in judicial misconduct or has a disability. (Note: Retain a copy for your
records as these documents shall become the property of the Commission and may not be
returned.)

See above
__________________________________________________________________________________
__________________________________________________________________________________
d. Identify, if you can, any other witnesses to the conduct about which you complain:

AFFIDAVIT of Dana Caranante

Name(s): __________________________________

_______________________________________
Addresses: _________________________________

______________________________________

Phone Numbers: ____________________________ ______________________________________

IN FILING THIS COMPLAINT, I UNDERSTAND THE COMMISSIONS RULES PROVIDE THAT ALL
PROCEEDINGS OF THE COMMISSION, INCLUDING COMPLAINTS FILED WITH THE COMMISSION,
SHALL BE KEPT CONFIDENTIAL PRIOR TO THE FILING OF FORMAL CHARGES. I FURTHER
UNDERSTAND THAT THIS RULE OF CONFIDENTIALITY ATTACHES AND BECOMES EFFECTIVE UPON
THE FILING OF THIS COMPLAINT AND THAT ANY VIOLATION COULD RESULT IN A CITATION FOR
CONTEMPT BY THE COMMISSION.

V. Under penalty of perjury, I declare that I have examined and understand this complaint form and
to the best of my knowledge and belief, the above information is true, correct and complete and
submitted of my own free will.

Dec-31-2015
______________________
(Date)

Neil J Gillespie

Digitally signed by Neil J Gillespie

DN: cn=Neil J Gillespie, o, ou,
email=neilgillespie@mfi.net, c=US
Date: 2015.12.31 23:49:16 -05'00'

______________________________________________________________
(Complainants Signature)
(Note: Only signed complaints will be considered.)

Please note that the Commission only has authority to investigate allegations of judicial
misconduct or permanent disability by persons holding state judicial positions. The Commission
has no jurisdiction over and does not consider complaints against Federal Judges, magistrates,
lawyers, police, court personnel, or State Attorneys. The Commission does not act as an
appellate court and cannot review, reverse or modify a legal decision made by a judge in the
course of a court proceeding. For example, the Commission does not investigate claims that a
judge wrongfully excluded evidence; imposed an improper sentence, awarded custody to the
wrong party; incorrectly awarded alimony or child support; incorrectly resolved a legal issue or
believed perjured testimony.

Please return this form and direct all future communications to:
Florida Judicial Qualifications Commission

 
Tallahassee, FL 323

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,

CASE NUMBER: 05-CA-7205

Plaintiff,
DIVISION: J
VS.
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; WILLIAM 1. COOK
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _---e

OFFICE OF THE PUBLIC DEFENDER'S MOTION FOR CLARIFICATION

COMES NOW, the undersigned on behalf of the Office of the Public Defender, to seek
clarification of a Clerk's Detennination dated May 27, 2011, attached hereto as Exhibit A, allegedly
appointing the Office of the Public Defender on behalf of the plaintiff, Neil Gillespie, in this cause
based upon the following:
I.

An Application for Criminal Indigent Status and Clerk's Detennination attached

hereto as Exhibit A purports to appoint the Office of the Public Defender to represent the
plaintiff in this cause.
2.

It appears from the docket in this cause that Neil Gillespie is the plaintiff in this

cause and that he is before the Court based upon an Order to Show Cause.
3.

Section 27.51, Florida Statutes, sets forth the duties of the Public Defender. The

duties of the Public Defender under Section 27.5 I (b)(3), Florida Statutes, provide that the Public

belief that the plaintiff in this cause, Neil Gillespie, is facing an action for criminal contempt.

WHEREFORE. the undersigned seeks to clarify with the Court the applicability of the
Application for Criminal Indigent Status and Clerk's Detennination as evidenced in Exhibit A,
attached hereto.
I HEREBY CERTIFY that a copy of the foregoing motion has been furnished to Neil
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Ryan C. Rodems, Esq. of Barker, Rodems &
Cook, P.A., 400 North AsWey Drive, Suite 2100, Tampa, FL 33602, and to Richard L. Coleman,
Esq., P.O. Box 5437, Valdosta, GA 31603, by hand or U.S. mail delivery, this 1st day of June,
2011.

Mi
acock
Florida Bar # 0303682
Post Office Box 172910
Tampa, Florida 33672-0910
(813) 272-5980
(813) 272-5588 (fax)
peacock@pdI3.state.f1.us

Ikm

IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

STATE OF FLORIDA vs.

t1-e.. \ LQJ I\~'I t

Defendant/Minor Child

CASE NO.

/"

APPLICATION FOR CRIMINAL INDIGENT STATUS

_~_I AA ~M' SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER

.
OR
I HAVE A PRIVATE ATIORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS

Notice to Applicant: The provision of a public defenderlcourt appointed lawyer and costs/due process services are not free. AjUdgment and lien may be imposed agains.t all real or
personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee fQr each
application filed. If the application fee is not paid to the Clerli of the Court within 7 days, it will be added to any oosts that may be assessed against you at the oonclusion of this case. If
you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must include your income and assets.
1. I have Udependents. (Do not incl!,hildren not living at home and do not include a working spouse or yourself.)
.
2. 1have a take home income of $
~
paid () weekly () bi-weekly ( ) semi-monthly () monthly ( ) yearly
(Take home inoome equals salary, wages, bon;;ies, commissions, allowances, overtime, tips and similar payments, minus deductions required by law and other court-ordered
support payments)
~
3. I have other inco.me paid ( ) weekly ( ) bi-WeekJY~semi-mpQ1l1~~thIY ( ) yearly: (Circle "Yes" and fill in the amount if you have this kind of inoome, otherwise circl~o?
Social 5ecurilybenefits
es $
No
Veterans' benefit...............................
Yes $,------I(!9i.

Unemployment oompensation................. s $
Child suppor! or other regular support
~..

Union Funds
Yes $
.
0
from family members/spouse......
.
Yes $
.
.
Workers oompensation
:
Yes $
I
Rental incOme.................................
Yes $
.
.Retirement/pensions
Yes $
. Dividends or interest..
:.............
Yes $
Trusts or gifts
Yes $
0
Other kinds of inoome not on the lis!......
Yes.$

-1-1----

""""""

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I
0 No'

Yes $

money market accounts

Yes $
~
"Equity in Motor VehiclesIBoatsi
~/""
Other tangible property.................. ~eI ~ ~V ~ No
Us! the year/make/model and tag#: I~iJ?~~.~
.
r
"L~~ Y;cf

"lgtb-

I ....' :

5. I have atotal amount of liabilities and debts in the amount of ~

6. I receive: (Circle "Yes" or "No?

. ..

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=~
~~~~k~~~i'~~~'i~~d~di~'~~~i~~)'~: ~'~~---~~~'

'No' U"

"Equity means value minus loans. Also Iist:anyexpe~cy

In an interest in such property.
Ust the address of this property:
.
'.
~
Address
City, State, Zip
.."
County of Residence
Z

---,_

W
Ul

TemP9rary Assistance for Needy Families-Cash Assistance

:... "Als
Poverty-related veterans' benefits.................................................................................................................................................... Yes
Supplemental security Inoome (551)
:............................
Yes
7. I have been released on bail in the amount of $ ~.
Cash _ _ Surety __
Posted by: Self __ Family __ Other

.~
CJ'I"""

A persen who knowingly provides false information to the clerk or the oourt in seeking a determination of indigent status under s. 27.52, F.5., oommits a misdemeanor of the first degree,
punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. I attest that the information I have provided on this Application is true and accurate to the best of my

knowledge.

A7

Signed this

day of .

Mil!

,2olL

./

~.#:

~ -r',,?/.

_//------..:...

_/"

Sig

17~G
Print Full L al Name
Date of Birth S
.
. /? 1-;'} J / <) A . r"/
Address '
Driver's license or ID numberU -/0C'-bCXJ~~VII ~ity, State, Zip'
Phone l1umber

pIC; ,-

.r.ao.

CLERK'S DETERMINATION

V-;;::ed n the inf rmation 'in this Application, I have determined the applicant to be

~ent

=-_V;;:_Th~ P blic Def nder is hereby appointed to the case listed above until relieved by the Court.
M'

-D1te

, .

( ) Not Indigent

PATFRA'NK--------~----------

... ------ ... -_ ..

Clerk of the Circuit Court

This fonn was completed with the assistance of
_ _Clerk/Deputy Clerk/Other authorized person

APPLICANTS FOUND NOT INDIGENT MAY"SEEK REVIEW BY ASKING fOR A HEARING TIME, Sign here if you want the judge
to review the clerk's decision of not indigent

06/18/10

EXHIBIT "A"

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,
Plaintiff,

CASE NUMBER.: 05-CA-7205

DIVISION: J

v.
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; WILLIAM
COOK
Defendants.

J.

- - - - - - - - - - - - -/

ORDER RELIEVING THE OFFICE OF THE PUBLIC DEFENDER OF THE

THIRTEENTH JUDICIAL CIRCUIT FROM REPRESENTATION

OF PLAINTIFF NEIL GILLESPIE

THIS CAUSE having come to be heard on the Motion of the Office of the Public Defender
for Clarification and the Court being fully advised in the premises does hereby relieve the Office of
the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause
as there is no lawful basis for the appointment of the Office of the Public Defender to represent the
plaintiff in the cause currently before the Court.
DONE AND ORDERED at Tampa, Hillsborough County, Florida on this _ _ day of
June, 2011.

HONORABLE JAMES D. ARNOLD

CIRCUIT COURT JUDGE
THIRTEENTH JUDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA

Copies furnished to:

--'----'--Neil-GilJ' s pi , 8092-SW-l-lS

th Loop,~,I1-.f::.:J443-1

B__ . . -- .

u..

..

..

-~----_

..

--

--

....

Ryan C. Rodems, Barker, Rodems & Cook, 400 North Ashley Dr., Ste. 2100, Tampa, FL 33602
Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603
Mike Peacock, Office of the Public Defender
/km

ORIGINAL ~!GNED

JUi~
JA~~S

- 1 2Ull

!:'..~.~NOtD

CIRCUIT JUDGE

- -

..

Law Offices of

JULIANNE M. HOLT

4-t- POs~(f'

.-:

li

Public Defender
Thirteenth Judicial Circuit ofFlorida

700 E. Twiggs Street, 5th Floor

Po. Box 172910

Tampa, Florida 33672-0910

'" _

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B~

00.44

02 1A
0004616168
JUN01 2011
- MAILED FROM ZIP CODE 33602

MR NEIL GILLESPIE

8092 SW 11S TH LOOP

OCALA FL 34481

ATTORNEY - CLIENT
Privilege Applies

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https://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42LioOrtJz...

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THE FLORIDA BAR / Find A Lawyer / Profile

James David Arnold

Member of the Judiciary
Bar Number:

160313

Mail Address:

James D. Arnold Attorney at Law

4935 N River Shore Dr
Tampa, FL 33603-1719
United States
Office: 813-363-1705

Email:

jimarnold@arnoldmediation.com

Personal Bar URL:

www.floridabar.org/mybarprofile/160313

vCard:
County:

Hillsborough

Circuit:

13

Admitted:

10/18/1973

Judicial Position:

Circuit Court

10-Year Discipline

None

History:
Law School:

Samford University, Cumberland School of Law

The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of
birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorneys the opportunity to provide for public information certain
expanded personal and professional data. It is the attorney's responsibility to routinely review and update those expanded listings. The information contained in those expanded listings is
presented by the Bar "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of
that additional data. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain
unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.

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Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Michael Schneider" <mschneider@floridajqc.com>; "Neil Gillespie" <neilgillespie@mfi.net>
Thursday, December 31, 2015 11:52 PM
3 2015, 07-31-15, AFFIDAVIT of Dana Caranante 2p.pdf; 2 2011, 06-01-11, TRANSCRIPT Judge
Arnold hearing-Certified Copy.pdf; 1 Public Defender mailing to Gillespie June-01-2011-AttorneyClient privilege applies 5p.pdf; JQCComplaintForm Judge Arnold PDF.pdf; James David Arnold (Bar#
160313).pdf
Complaint against James David Arnold (Bar# 160313)

1/1/2016

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Neil Gillespie" <neilgillespie@mfi.net>
Thursday, December 31, 2015 11:57 PM
ATT00040.txt
Read: Complaint against James David Arnold (Bar# 160313)

This is a receipt for the mail you sent to

"Michael Schneider" <mschneider@floridajqc.com>; "Neil Gillespie" <neilgillespie@mfi.net> at
12/31/2015 11:52 PM
This receipt verifies that the message has been displayed on the recipient's computer at 12/31/2015
11:57 PM

1/1/2016