VIA Email mschneider@floridajqc.

com

April 26, 2015

Michael L. Schneider
Executive Director and General Counsel
Judicial Qualifications Commission - JQC
Post Office Box 14106
Tallahassee, Florida 32317
JQC Docket No. 15-075; Judge Hale Ralph Stancil
Dear Mr. Schneider:
What is the status of my complaint against Judge Hale Ralph Stancil?
On or about February 8, 2015 I submitted a complaint against Judge Stancil. The attached PDF
letter dated February 10, 2015 from Alexander J. Williams, the JQCs Assistant General
Counsel, states in relevant part,
The Commission has received your complaint. The Investigative Panel of the
Commission meets approximately every six weeks. At the next meeting, the Panel will
evaluate your complaint to determine whether your concerns fall within the
Commission's jurisdiction, and if so, whether they merit further review.
Mr. Williams letter of February 10, 2015 was the last communication I got from the JQC.
Kindly provide the status of my complaint against Judge Hale Ralph Stancil. Thank you in
advance for the courtesy of a prompt response.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
Attachment: Letter dated February 10, 2015 from Alexander J. Williams, JQC Assistant General
Counsel, with mailing envelope.

STATE OF FLORIDA

~UDICIAL

HON. KERRY I. EVANDER

CHAIR

QUALIFICATIONS COMMISSION
POST OFFICE BOX I 4 I 06

HON . .JAMES A. RUTH

VICE - CHAIR

TALLAHASSEE, FLORIDA 323 17

MICHAEL L. SCHNEIDER
GENERAL COUNSEL

(850) 488- I 58 I

ALEXANDER .J. WILLIAMS

ASSISTANT GENERAL COUNSEL

February 10,2015

Mr. Neil Gillespie

8092 SW 115 th Loop

Ocala, FI 34481

Re:

Docket No. 15-075; Stancil

Dear Mr. Gillespie:

The Commission has received your complaint. T'he Investigative
Panel~~of the Commission meets approximately eveI}T six weeks.
At
the next meeting, the Panel will evaluate your complaint to determine
whether your concerns fall within the Commission's j'\lrisdiction, and
if so, whether they merit further review.
'
Thank you for bringing this matter to the Commission's
attention.

Alexander J. Williams
Assistant General Counsel
AJW/mc

Inquiries by the Commission are confidential pursuant to Art. ~~ Sec 12(a)(4) ofthe Florida

Constitution and Rule 2.420, Florida Rules ofJudicial AdministratioJ-z.

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STATE OF FLORIDA

JUDICIAL QUALIFICATIONS COMMISSION

POST OFFICE BOX 14106

TALLAHASSEE, FLORIDA 32317

1 11111111111111111111111111111

Mr. Neil Gillespie

8092 SW 115 th Loop
Ocala, B"'l 34481

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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
J
___________________________________________________________________________
(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

Stancil
Hale
Ralph
___________________________________________________________________________
(Last)
(First)
(Middle)

Address

110 NW 1st. Avenue, Room 2017

____________________________________________________________________________

Ocala, Florida 34475

___________________________________________________________________________
Supreme Court ___________________________________
District Court
of Appeal

___________________________________

Circuit Court

___________________________________

County Court

___________________________________

Marion County, Fifth Judicial Circuit

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.

see attached letter

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?

RMS v. Gillespie
Case name: ______________________________
Case No. _____________________________
42-2013CA-000115-AXXX-XX

2. What kind of case is it?

criminal
domestic relations

small claims
traffic
other (specify)

civil

probate

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:
I am indigent and unable to obtain adequate counsel, so I am reluctantly self-represented.
Name _____________________________________________________________________________

Address ___________________________________________________________________________
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 attached
__________________________________________________________________________________
__________________________________________________________________________________
d. Identify, if you can, any other witnesses to the conduct about which you complain:

The record, litigants, attorneys.

Name(s): __________________________________

See the court record.

Addresses:

Phone Numbers:

IN FILING THIS COMPLAINT, I UNDERSTAND THE COMMISSION'S 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.

February 8, 2015
(Date)

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
Post Office Box 14106
Tallahassee, FL 32317

VIA Email mschneider@floridajqc.com

February 8, 2015

Michael L. Schneider
Executive Director and General Counsel
Judicial Qualifications Commission - JQC
Post Office Box 14106
Tallahassee, Florida 32317
JQC Complaint: Judge Hale Ralph Stancil, Marion County, Fifth Judicial Circuit
Dear Mr. Schneider:
Please find attached my signed JQC complaint form and supporting documents in my complaint
against Judge Hale Ralph Stancil. This complaint is limited to Judge Stancils failure to recuse
on a legally sufficient motion for disqualification.
You granted me permission to file a JQC complaint by email to mschneider@floridajqc.com as
shown in your email to me September 24, 2014, paper copy enclosed.
Judge Stancil is presiding over the foreclosure of my home on a HECM reverse mortgage,
Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Marion County Florida, Fifth
Judicial Circuit, No. 42-2013CA-000115-AXXX-XX, a.k.a. case no. 2013-CA-000115.
I am indigent and unable to obtain adequate counsel, so I am reluctantly self-represented.
Table of Contents
PART I
PART II
PART III
PART IV
PART V

Question Presented
Statement Of The Facts
Defendants Motion To Disqualify Judge Hale Stancil
Legal Standard For Disqualification On motion To Disqualify
Conclusion
__________________________

PART I

QUESTION PRESENTED

Was Defendants Motion to Disqualify Judge Hale Stancil legally sufficient?

__________________________
PART II

STATEMENT OF THE FACTS

I filed Defendants Motion to Disqualify Judge Hale Stancil through the Florida Court's
E-Filing Portal Filing # 21743681 Electronically Filed 12/18/2014 05:23:27 AM. The motion
accompanies this JQC complaint and was legally sufficient.

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit

February 8, 2015
Page - 2

However Judge Stancil failed to recuse himself, claiming the motion was not legally sufficient.
Three Orders I received in the mail from Judge Stancil dated December 18, 2014 accompany this
complaint. Each order looks the same but arrived in separate envelopes addressed differently.
The orders state:
THIS CAUSE comes before the Court on Defendant, NEIL J. GELLESPIE's, Motion to
Disqualify Hall Stancil, filed with the Clerk on December 18, 2014. Defendant requests
that the undersigned be disqualified from presiding over the above-styled case. After a
review of the Motion, the Court finds Defendant, NEIL J. GELLESPIE's, Motion to be
legally insufficient. It is hereby,
ORDERED: Defendant, NEIL J. GELLESPIE's, Motion to Disqualify Hall Stancil is
DENIED.
ORDERED in Ocala, Florida, this day of December, 2014.
Take notice that Judge Stancil misspelled my surname GELLESPIE three different times.
Since there is no defendant named NEIL J. GELLESPIE one could argue this order is not
valid. Otherwise it appears to represent a response to my motion, a ridicule of me and my name.
Also take notice that Judge Stancil misspelled his own first name, Hall Stancil. If this was
intentional, it calls into question Judge Stancils fitness to serve on the bench.
Find enclosed:
1. ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY HALE STANCIL,
addressed to Neil J. Gillespie.
2. ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY HALE STANCIL,
addressed to Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family
Living Trust Agreement dated February 10, 1997.
3. ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY HALE STANCIL,
addressed to Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust
Agreement dated February 10, 1997.
Find enclosed:
DEFENDANTS MOTION TO DISQUALIFY JUDGE HALE STANCIL
Filing # 21743681 Electronically Filed 12/18/2014 05:23:27 AM
The motion is 4 pages, certificate of service 1 page, and 7 pages of exhibits, 12 pages total

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit

February 8, 2015
Page - 3

Text of the Complaint:

PART III

DEFENDANTS MOTION TO DISQUALIFY JUDGE HALE STANCIL

Complaint to U.S. Department of Justice, Disability Rights Section,
ADA.complaint@usdoj.gov

Marion County and the Fifth Judicial Circuit openly refuse to obey The Americans With
Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a
matter of policy; a deprivation of civil rights under color of law against 18 U.S.C. 242.
DECLARATION OF NEIL J. GILLESPIE
Pursuant to 28 U.S.C. 1746, and Fla. Stat. 92.525, I hereby declare as follows:
1.

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

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

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

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

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

how to schedule hearings, court reporters etc. A read receipt shows Judge Stancil acknowledged
receiving the email Thursday, December 11, 2014 8:12 PM. Judge Stancil did not respond. No
one responded in his place as of this time. (Exhibit 3).
4.

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

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

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit
5.

February 8, 2015
Page - 4

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

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

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

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

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

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

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

8.

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

Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a matter of
official policy, a deprivation of civil rights under color of law against 18 U.S.C. 242.
9.

The ADA TITLE II ACCOMMODATION REQUEST means the,

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

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit
10.

February 8, 2015
Page - 5

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

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

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

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

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

and is part of the internal grievance procedure that shall apply to all courts within the jurisdiction
of the Fifth Judicial Circuit. On information and belief, the purpose of this internal grievance
procedure is to deny the civil rights of persons with disabilities.
13.

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

Counsel of the Fifth Circuit, as the ADA Coordinator and requires all complaints shall be sent
directly to her at the Hernando County Courthouse, 20 N. Main Street, Brooksville, FL 34601.
14.

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

02/07/12 which is nine months after Chief Judge Merritt signed Fifth Circuit Administrative
Order A-2010-12-A into law. The Directory of Florida Courts ADA Coordinators is found linked
on the Office of State Courts Administrators (OSCA) website,

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit

February 8, 2015
Page - 6

http://www.flcourts.org/core/fileparse.php/243/urlt/ADA_directory.pdf
15.

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

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

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

Florida Courts ADA Coordinators, but Ms. Gordon has not responded to my request for
accommodation. I emailed Ms. Fagan December 12, 2014 and got no response:
Today I attempted to contact Tameka Gordon by telephone at (352) 401-6701, but was
greeted by the voice mail of another person. Does Ms. Gordon have another ADA
telephone number? Has Ms. Gordon been replaced as ADA Coordinator by another
person? This paragraph is not a records request, but related to the Americans with
Disabilities Act, of which you are the ADA Coordinator for the Fifth Judicial Circuit.
FURTHER DECLARANT SAYETH NOT.
Pursuant to Fla. Stat. 92.525, under penalties of perjury, I declare that I have read the foregoing
Declaration and that the facts stated in it are true, or to the best of my knowledge and belief.
Pursuant to 28 U.S.C. 1746(2), I declare under penalty of perjury that the foregoing is true and
correct. Executed on this 18th day of December, 2014.
_____________________________
Neil J. Gillespie (signature)
8092 SW 115th Loop
Ocala, Florida 34481
PART IV

LEGAL STANDARD FOR DISQUALIFICATION: MOTION TO DISQUALIFY

Memorandum of Law
Note: The old Rule 2.160 Fla. R. Judicial Admin. has been replaced by Rule 2.330.
17.

Litigant's right to impartial judge. The importance of the duty of rendering a righteous

judgment is that of doing it in such a manner as would raise no suspicion of the fairness and
integrity of the judge. State ex rel. Arnold v. Revels, 113 So.2d 218, Fla.App. 1 Dist.,1959.
Every litigant is entitled to nothing less than the cold neutrality of an impartial judge, (Mathew

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit

February 8, 2015
Page - 7

v. State, 837 So.2d 1167, Fla.App. 4 Dist.,2003.) and the law intends that no judge will preside
in a case in which he or she is not wholly free, disinterested, impartial, and independent. State v.
Steele, 348 So.2d 398, Fla.App. 1977. When a judge enters into the proceedings and becomes a
participant, a shadow is cast upon judicial neutrality so that his or her disqualification is
required. Evans v. State, 831 So.2d 808, Fla.App. 4 Dist., 2002.
18.

The conditions requiring the disqualification of the judge to act in that particular case are

prescribed by statute. 38.02 Fla. Stat. The basic tenet for the disqualification of a judge is that a
judge must satisfy the appearance of justice. Hewitt v. State, 839 So.2d 763, Fla.App. 4 Dist.,
2003. The question of disqualification focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the judge's perception of his or her ability
to act fairly and impartially. Wargo v. Wargo, 669 So.2d 1123, Fla.App. 4 Dist.,1996.
19.

The term "recusal" is most often used to signify a voluntary action to remove oneself as a

judge; however, the term "disqualification" refers to the process by which a litigant may seek to
remove a judge from a particular case. Sume v. State, 773 So.2d 600, Fla.App. 1 Dist.,2000.
Question whether disqualification of a judge is required focuses on those matters from which a
litigant may reasonably question a judge's impartiality rather than the judge's perception of his
ability to act fairly and impartially. Wests F.S.A. Code of Jud. Conduct, Canon 3(E)(1), Stevens
v. Americana Healthcare Corp. of Naples, 919 So.2d 713 (Fla. Dist. Ct. App. 2d Dist. 2006).
Question of disqualification of a trial judge focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the court's own perception of its ability to
act fairly and impartially. Wests F.S.A. 38.10, Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214,
Fla.App. 3 Dist.,2005 reh'g denied, (Feb. 17, 2005).

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit
20.

February 8, 2015
Page - 8

Sufficiency of motion or affidavit of prejudice. A motion to disqualify must show that the

party fears that he or she will not receive a fair trial or hearing because: (1) of a specifically
described prejudice or bias of the judge; Fla. R. Jud. Admin., Rule 2.160 (d)(1). Generally, the
critical determination in deciding the legal sufficiency of a motion to disqualify has been
whether the facts alleged would prompt a reasonably prudent person to fear he or she would not
receive a fair trial, Barnhill v. State, 834 So.2d 836 Fla., 2002. If a motion to recuse is
technically sufficient and the facts alleged therein also would prompt a reasonably prudent
person to fear that he or she could not get a fair and impartial trial from the judge, the motion is
legally sufficient and should be granted. Coleman v. State, 866 So.2d 209, Fla.App. 4 Dist.,2004.
The motion to disqualify a judge should contain facts germane to the judge's undue bias,
prejudice, or sympathy. Chamberlain v. State, 881 So.2d 1087, Fla.,2004.
21.

Whether a motion to disqualify a judge is legally sufficient requires a determination as to

whether the alleged facts would create in a reasonably prudent person a well-founded fear of not
receiving a fair and impartial trial. Fla. R. Jud. Admin., Rule 2.160 (f), Rodriguez v. State, 919
So.2d 1252, Fla.,2005, as revised on denial of reh'g, (Jan. 19, 2006). The primary consideration
in determining whether motion to disqualify trial judge should be granted is whether the facts
alleged, if true, would place a reasonably prudent person in fear of not receiving a fair and
impartial trial. Arbelaez v. State, 898 So.2d 25, Fla.,2005, reh'g denied, (Mar. 18, 2005). A
motion for disqualification must be granted if the alleged facts would cause a reasonably prudent
person to have a well-founded fear that he/she would not receive a fair and impartial trial. Jarp v.
Jarp, 919 So.2d 614, Fla.App. 3 Dist.,2006. The test a trial court must use in determining
whether a motion to disqualify a judge is legally sufficient is whether the facts alleged would
place a reasonably prudent person in fear of not receiving a fair and impartial trial. Scott v. State,

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit

February 8, 2015
Page - 9

909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005). The motion to disqualify a
judge must be well-founded and contain facts germane to the judge's undue bias, prejudice, or
sympathy. Scott v. State, 909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005).
22.

Disqualification is required when litigants demonstrate reasonable, well-grounded fear

that they will not receive fair and impartial trial, or that judge has pre-judged case. Williams v.
Balch, 897 So.2d 498, Fla.App. 4 Dist., 2005.
23.

Time for filing motion; waiver of objection. A motion to disqualify shall be filed within a

reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the
motion and shall be promptly presented to the court for an immediate ruling. Fla. R. Jud.
Admin., Rule 2.160(e). Although a petition to disqualify a judge is not timely filed,
extraordinary circumstances may warrant the grant of an untimely motion to recuse. KlapperBarrett v. Nurell, 742 So.2d 851, Fla.App. 5 Dist.,1999.
24.

Judicial determination of initial motion. The judge against whom an initial motion to

disqualify us directed shall determine only the legal sufficiency if the motion an shall not pass on
the truth of the facts alleged. Fla. R. Judicial Admin. 2.160(f). No other reason for denial shall
be stated, and an order of denial shall not tale issue with the motion. Fla. R. Judicial Admin.
2.160(f). Accordingly, a judge may not rule on the truth of the facts alleged or address the
substantive issues raised by the motion but may only determine the legal sufficiency of the
motion. Knarich v. State, 866 So.2d 165 (Fla. Dist. Ct. App. 2d Dist. 2004). In determining
whether the allegations that movant will not receive a fair trial so as to disqualify a judge are
sufficient, the facts alleged must be taken as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2
Dist.,2004), and must be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist.,2003.

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit
25.

February 8, 2015
Page - 10

Case law forbids trial judges to refute facts set forth in a motion to disqualify, and their

doing so will result in judicial disqualification irrespective of the facial sufficiency of the
underlying claim. Brinson v. State, 789 So.2d 1125, Fla.App. 2 Dist.,2001. A trial judge's
attempt to refute charges of partiality thus exceeds the scope of inquiry on a motion to disqualify
and alone establishes grounds for disqualification. J & J Industries, Inc. v. Carpet Showcase of
Tampa Bay, Inc., 723 So.2d 281, Fla.App. 2 Dist.,1998.
26.

Whether the motion is legally sufficient is a pure question of law; it follows that the

proper standard of review is the de novo standard (Sume v. State, 773 So.2d 600 Fla.App. 1
Dist.,2000) and an order denying a motion to disqualify a trial judge is reviewed for abuse of
discretion. King v. State, 840 So.2d 1047, Fla.,2003.
27.

Once a motion for disqualification has been filed, no further action can be taken by the

trial court, even if the trial court is not aware of the pending motion. Brown v. State
863 So.2d 1274, Fla.App. 1 Dist.,2004. A judge presented with a motion to disqualify him- or
herself must rule upon the sufficiency of the motion immediately and may not consider other
matters before considering the disqualification motion. Brown v. State 863 So.2d 1274, Fla.App.
1 Dist.,2004. The court is required to rule immediately on the motion to disqualify the judge,
even though the movant does not request a hearing. Fuster-Escalona v. Wisotsky, 781 So.2d
1063, Fla.,2000. The rule places the burden on the judge to rule immediately, the movant is not
required to nudge the judge nor petition for a writ of mandamus. G.C. v. Department of Children
and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.

JQC Complaint: Judge Hale Ralph Stancil

Marion County, Fifth Judicial Circuit
PART V

February 8, 2015
Page - 11

Conclusion

Defendants Motion To Disqualify Judge Hale Stancil was legally sufficient. His failure to
recuse is a violation of the public trust, reflects discredit upon the judiciary and the courts, and
suggests corruption in the adjudication of cases. Judge Stancil must be removed from office.
Under penalty of perjury, I declare that I have examined and understand this complaint and
to the best of my knowledge and belief, the above information is true, correct and complete and
submitted of my own free will.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
Enclosures

VIA UPS No. 1Z64589FP298594394

February 9, 2015

Michael L. Schneider
Executive Director and General Counsel
Judicial Qualifications Commission - JQC
2425 Mill Creek Ct.
Tallahassee, Florida 32308-4375
JQC Complaint: Judge Hale Ralph Stancil, Marion County, Fifth Judicial Circuit
Dear Mr. Schneider:
Enclosed is the JQC complaint against Judge Hale Ralph Stancil that I emailed you, but which
you failed to acknowledge. The enclosures include:
Signed wet ink JQC COMPLAINT FORM for Judge Hale Stancil
Eleven page JQC Complaint Against Judge Hale Ralph Stancil
Email of Michael Schneider granting permission to e-file Sep-24-2014
Motion To Disqualify Judge Stancil, Portal Filing 21743681 Dec-18-2014
Order Denying Motion Disqualify-Hale Stancil-NJG, Dec-18-2014
Order Denying Motion Disqualify-Hale Stancil-Trust, Dec-18-2014
Order Denying Motion Disqualify-Hale Stancil-Unknown, Dec-18-2014
Defendants Notice of Filing Original Transcript of Hearing Jan-17-2015
TRANSCTIPT Hearing before Judge Stancil Dec-18-2014
Email forwarding hearing transcript to Michael Schneider, Feb-08-2015
FLORIDA JUDICIAL QUALIFICATIONS COMMISSION MEMBERS
Email of NJG to Michael Schneider Feb-09-2015
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.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
Enclosures

FLORIDA JUDICIAL QUALIFICATIONS COMMISSION MEMBERS

http://www.floridajqc.com/members.html
JQC website - http://www.floridajqc.com/

February 9, 2015 - list date

Mr. Ricardo (Rick) Morales, III , CHAIR

President, Morales Construction Co., Inc.
The Morales Group
6950 Philips Highway, Suite 15
Jacksonville, FL 32216

Hon. Krista Marx

Florida Bar ID Number: 511749
205 N Dixie Hwy.
West Palm Beach, Florida 334014-5222

Hon. Kerry I. Evander, VICE-CHAIR

Florida Bar ID Number: 302597
Fifth District Court of Appeal
300 S Beach St.
Daytona Beach, Florida 32114-5002
Alan B. Bookman, Esq.
Florida Bar ID Number: 154770
Emmanuel Sheppard & Condon, P.A.
PO Box 1271
Pensacola, Florida 32591-1271
Ms. Shirlee P. Bowne
Tallahassee, Florida (retired)
Michelle K. Cummings, Esq.
Florida Bar ID Number: 299464
GrayRobinson, P.A.
401 E Las Olas Blvd Ste 1850
Fort Lauderdale, Florida 33301-4236
Mayanne Downs, Esq.
Florida Bar ID Number: 754900
GrayRobinson P.A.
301 E Pine St. Fl14
Orlando, Florida 32801-2724
Mr. Harry R. Duncanson, C.P.A.
9704 Waters Meet Drive
Tallahassee, FL 32312-372

Steven R. Maxwell, Ed.D.

Educator, School District of Lee County
Sanibel, Florida
Hon. Michelle T. Morley
Florida Bar ID Number: 603333
Sumter County Courthouse
215 E McCollum Ave.
Bushnell, Florida 33513-6120
Hon. Robert Morris
Florida Bar ID Number: 308439
2nd District Court of Appeal
PO Box 327
Lakeland, Florida 33802-0327
Jerome S. Osteryoung, Ph.D.
Professor of Finance
FSU, Tallahassee Florida
Hon. James A. Ruth
Florida Bar ID Number: 494372
Duval County Courthouse
501 W Adams St. Rm. 7159
Jacksonville, Florida 32202-4603
John G. (Jay) White, III, Esq.
Florida Bar ID Number: 389640
Richman Greer P.A.
250 S Australian Ave Ste 1504
West Palm Beach, Florida 33401-5016
______________________________________________

Hon. Thomas B. Freeman

Florida Bar ID Number: 118504
Pinellas Co. C J C, Florida
Public Information at the link below

Executive Director and General Counsel

Michael L. Schneider, Bar ID No. 525049
Assistant General Counsel, JQC
Alexander J. Williams, Bar ID No. 99225

_______________________________________________________________________________________________________________

http://www.floridasupremecourt.org/pub_info/jqc.shtml

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

REVERSE MORTGAGE SOLUTIONS, INC.,

IN THE CIRCUIT COURT OF THE

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

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

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

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

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

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

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

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

Defendants Motion to Disqualify Judge Hale Stancil

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

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

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

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

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

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

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

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

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

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

8.

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

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

Defendants Motion to Disqualify Judge Hale Stancil

9.

The ADA TITLE II ACCOMMODATION REQUEST means the,

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

10.

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

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

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

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

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

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

Defendant's Motion to Disqualify Judge Hale Stancil

13.

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

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

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

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

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

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

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

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

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

Ms. Grace A. Fagan, General Counsel

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

Mr. Curtis Wilson, Esq.

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

Ms. Tameka Gordon, ADA Coordinator

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

Ms. Jane Bond, Managing Partner

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

Ms. Robyn Katz, Managing Partner

McCalla Raymer LLC
Email: rrk@mccallaraymer.com

Ms. Patricia Ann Toro Savitz

The Florida Bar
Email: psavitz@flabar.org

Mr. Barry R. Davidson (for Respondent)

Hunton & Williams LLP
Email: bdavidson@hunton.com

Mr. Jon M. Oden, Investigating Member

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

Mr. Frank H. Killgore Jr., Investigating Member

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

Mr. Robert J. Stovash, Chair

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

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

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

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

Select Year:

The 2014 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

View Entire Chapter

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

Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us

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

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

DISQUALIFICATION OF TRIAL JUDGES

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

Motion. A motion to disqualify shall:

(1)

be in writing;

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

2
July 17, 2014

Florida Rules of Judicial Administration

75

(d)

Grounds. A motion to disqualify shall show:

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

July 17, 2014

Florida Rules of Judicial Administration

76

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

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

POSSESSION OF COURT RECORDS

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

RULE 2.420.

PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS

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

Definitions.

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

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

Florida Rules of Judicial Administration

77

Page 1 of 2

Neil Gillespie
From:
To:
Cc:

Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

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

The Honorable Hale R. Stancil

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

3
12/18/2014

Page 2 of 2

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

12/18/2014

Page 1 of 1

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

12/18/2014

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT IN AND
FOR MARION COUNTY, FLORIDA

REVERSE MORTGAGE SOLUTIONS,INC.,

Plaintiff,
vs.

CASE NO.: 2013-CA-0115

NEIL J. GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES
OF THE GILLESPIE FAMILY
LnnNGTRUSTAGREEMENT
DATED FEBRUARY 10, 1997, et al.,
Defendants.

--------------_./
ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE STANCIL
THIS CAUSE comes before the Court on Defendant, NEIL J. GELLESPIE's, Motion
to Disqualify Hall Stancil, filed with the Clerk on December 18, 2014. Defendant requests
that the undersigned be disqualified from presiding over the above-styled case. After a
review of the Motion, the Court finds Defendant, NEIL J. GELLESPIE's, Motion to be
legally insufficient. It is hereby,
ORDERED: Defendant, NEIL J. GELLESPIE's, Motion to Disqualify Hall Stancil
is DENIED.

ORDERED in Ocala, Florida, this

Jf( day of December, 2014.

ER.STANCIL
Circuit Court Judge

Page 1 of 3

CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing has been provided by
U.S. Mail this ~ day of December, 2014, to the following:
Oak Run Homeowners Association, Inc.
7480 SW Highway 200
Ocala, FL 34476
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie nlk/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Development & Construction Corporation of America
clo Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Elizabeth Bauerle nlkJa Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Unknown spouse of Elizabeth Bauerle
6356 SW l06th Place
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481

Page 2 of 3

Curtis Wilson, Esq.

McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660

Orlando, FL 32801

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