STATE OF FLORIDA JUDICIAL QUALIFICATIONS COMMISSION 1110
THOMASVILLE ROAD TALLAHASSEE, FLORIDA 32303-6224 (850) 488-1581
January 7, 2011 Mr. Neil J. Gillespie 8092 SW 115th Loop Ocala, FL
34481 Re: Docket No. 10495, Judge Cook Dear Mr. Gillespie: In
response to your letter of January 6, 2011, please be advised that
the Commission completed its review of your complaint in the above
matter and determined, at its meeting held on Thursday, November
18, 2010, that the concerns you have expressed are not violations
of the Code of Conduct warranting further action by the Commission.
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 found no
basis for further action on your complaint that therefore has been
dismissed. Sincerely yours, Michael L. Schneider General Counsel
;lV!LSjbsk Sincerell' VIA US CERTIFIED MAIL, RRR Article No.: 7008
32300000 1643 3978 January 6, 2011 Brooke S. Kennerly, Executive
Director Florida Judicial Qualifications Commission 1110
Thomasville Road Tallahassee, FL 32303-6224 RE: Complaint No.:
10495 against Circuit Judge Martha J. Cook, 13th Circuit Dear Ms.
Kennerly: Enclosed is a copy of a response to my complaint against
Judge Cook from the Florida Judicial Qualifications Commission
dated November 22, 2010. The response is a non sequitur to my
complaint and does not address Judge Cook's misconduct. The
response appears to be a form letter with the following rote
responses checked: The Commission does not have authority to
disqualify a judge from a case or to order that a new judge be
assigned to a case. Any such request must be made through the
normal court process. The Commission has no authority to act as an
appellate court. It cannot review, reverse or vacate a judge's
decision or sentence. Such concerns must be handled through the
normal court process. Please be advised that Judge Cook recused sua
sponte November 18, 2010 (copy enclosed), the same day I filed a
verified emergency petition for writ of prohibition. Decisions by
Judge Cook were appealed pursuant to the Florida Rules of Appellate
Procedure, see case no. 2DI0-5197 in the Second District Court
ofAppeal, Lakeland. As such the JQC's letter is not responsive. The
Judicial Qualifications Commission is an independent agency created
by the Florida Constitution solely to investigate alleged
misconduct by Florida state judges. My complaint alleges judicial
misconduct by Judge Cook. You have a duty to consider my complaint
against Judge Cook on that basis. Thank you. 8092 SW 115th Loop
Ocala, Florida 34481 Enclosures STATE OF FLORIDA JUDICIAL
QUALIFICATIONS COMMISSION 1110 THOMASVILLE ROAD TALLAHASSEE,
FLORIDA 32303-6224 (850) 488-1581 November 22,2010 Complaint No.:
10495, Judge Cook Dear Sir or Madam: The Investigative Panel of the
Commission has reviewed the above-referenced matters you provided.
No member of the Florida judiciary is identified as being the
subject of allegations of misconduct. You must identify an
individual judge by name. X The Commission does not have authority
to disqualify a judge from a case or to order that a new judge be
assigned to a case. Any such request must be made through the
normal court process. __ Your complaint solicits legal advice or
assistance, which the Commission is not permitted to provide. The
Commission cannot as your lawyer. __ The person about whom you
complain is not or is no longer an active member of the Florida
state judiciary. You may wish to contact The Florida Bar with your
concerns. L The Commission has no authority to act as an appellate
court. It cannot review, reverse or vacate a judge's decision or
sentence. Such concerns must be handled through the normal court
process. __ The material you have submitted is illegible or
unintelligible. We are enclosing a complaint form for your use
should you wish to submit a complaint pertaining to an identified
member of the Florida state judiciary. Sincerely, Florida Judicial
Qualifications Commission IN THE CIRCUIT COURT OF THE THIRTEENTH
JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL LAW
DIVISION NEIL J. GILLESPIE, Plaintiff, Case No: OS-CA-00720S
Division: G and BARKER, RODEMS & COOK, P.A., A Florida
Corporation, and WILLIAM J. COOK, Defendants. ____________-----'1
SUA SPONTE ORDER TO RECUSE ASSIGNED JUDGE Pursuant to Rule of
Judicial Administration 2.330(i), it is ORDERED AND ADJUDGED that
the undersigned hereby recuses herself from further hearing of this
cause. The Clerk of the Court is DIRECTED TO RE-ASSIGN the matter
to another division under the blind filing system that is presently
in effect in this Circuit. DONE AND ORDERED in Chambers at Tampa,
Florida, on ? November __,201O. \\0'1 "\ e?(Wl Ni"'RTHA J. cOOl'
CIBCIlIT JUDGE Martha J. Cook CIRCUIT COURT JUDGE Copies Furnished
To: Neil J. Gillespie, pro se (Plaintiff) 8092 SW IISth Loop Ocala,
FL 34481 Ryan Christopher Rodems, Esq. (for Defendants) 400 North
Ashley Drive, Ste. 2100 Tampa, FL 33602 STATE OF FLORIDA JUDICIAL
QUALIFICATIONS COMMISSION 1110 THOMASVILLE ROAD TALLAHASSEE,
FLORIDA 32303-6224 (850) 488-1581 November 22,2010 Complaint No.:
10495, Judge Cook Dear Sir or Madam: The Investigative Panel of the
Commission has reviewed the above-referenced matters you provided.
No member of the Florida judiciary is identified as being the
subject of allegations of misconduct. You must identify an
individual judge by name. X The Commission does not have authority
to disqualify a judge from a case or to order that a new judge be
assigned to a case. Any such request must be made through the
normal court process. __ Your complaint solicits legal advice or
assistance, which the Commission is not permitted to provide. The
Commission cannot as your lawyer. __ The person about whom you
complain is not or is no longer an active member of the Florida
state judiciary. You may wish to contact The Florida Bar with your
concerns. L The Commission has no authority to act as an appellate
court. It cannot review, reverse or vacate a judge's decision or
sentence. Such concerns must be handled through the normal court
process. __ The material you have submitted is illegible or
unintelligible. We are enclosing a complaint form for your use
should you wish to submit a complaint pertaining to an identified
member of the Florida state judiciary. Sincerely, Florida Judicial
Qualifications Commission Neil J. Gillespie 8092 SW 115th Loop
Ocala, Florida 34481 Telephone: (352) 854-7807 email:
[email protected] VIA US EXPRESS MAIL - OVERNIGHT Article No.:
EH 600617593 US October 5, 2010 Mr. Michael Schneider, General
Counsel Florida Judicial Qualifications Commission 111 0
Thomasville Road Tallahassee, FL 32303-6224 RE: Complaint against
Circuit Judge Martha J. Cook, 13th Circuit Dear Mr. Schneider,
Enclosed you will find my signed complaint against Hillsborough
Circuit Judge Martha J. Cook. Judge Cook is unlawfully presiding
over Gillespie v. Barker, Rodems & Cook, P.A., et aI., Case
No.: 05-CA-007205, Circuit Civil Court, 13th Judicial Circuit.
("Gillespie v. BRC"). I am Neil Gillespie the plaintiff pro see
September 28, 2010 I commenced a federal ADA and Civil Rights
lawsuit against Judge Cook and others, see Gillespie v. 13th
Circuit, et aI, Case No. 5:10-cv-503-oc-WTH-DAB. A paper copy of
the complaint is enclosed with the 15 exhibits on the enclosed CD.
The complaint has not been served and a motion is pending to amend
the complaint. Rule 3, FRCP, Commencement of Action. A civil action
is commenced by filing a complaint with the court. Judge Cook has
refused to disqualify herself in Gillespie v. BRC even though she
is now a defendant in a federal lawsuit where I am the plaintiff.
Gillespie v. BRC is a civil suit to recover money my former lawyers
unlawfully took from my settlement in a prior lawsuit. Two lawyers
at BRC made financial campaign contributions to Judge Cook, Ryan C.
Rodems and William J. Cook. While this is lawful, it partly
explains the motivation of Judge Cook to unlawfully preside over a
case and make unlawful rulings detrimental to me and favoring the
Defendants. Mr. Michael Schneider, General Counsel Page - 2 Florida
Judicial Qualifications Commission October 5, 2010 This is a brief
time-line of events since May 24,2010 in Gillespie v. BRC 1.
Circuit Judge James M. Barton, II was disqualified May 24,2010 for
cause, a business relationship between his wife Chere J. Barton,
President of Regency Reporting Service, Inc. and Barker, Rodems
& Cook, P.A., the Defendants. 2. In my motion to disqualify
Judge Barton, paragraph 86, I wrote that the 13 Circuit is unable
to lawfully adjudicate this action. I suggested proceeding under
section 38.13 Florida Statutes, Judge ad litem: 38.13 Judge ad
litem; when may be selected in the circuit or county court.--When,
from any cause, the judge of a circuit or county court is
disqualified from presiding in any civil case, the parties may
agree upon an attorney at law, which agreement shall be entered
upon the record of said cause, who shall be judge ad litem and
shall preside over the trial of, and make orders in, said case as
if he or she were the judge of the court. Nothing in this section
shall prevent the parties from transferring the cause to another
circuit or county court, as the case may be. I wrote "The operative
part of this option is the last sentence: "Nothing in this section
shall prevent the parties from transferring the cause to another
circuit or county court, as the case may be." Plaintiff believes
this lawsuit should be transferred to another court." (page 39). I
sought a Judge ad litem through Upchurch Watson White & Max and
had email discussion with Ben F. Overton, Esquire, Senior Justice
(Retired). Judge Overton said he had other commitments. I also
contacted Pedro F. Bajo, Chair of the 13th Circuit JNC to no avail.
3. Judge Cook assumed Gillespie v. BRC May 24, 2010. From the start
Judge Cook was prejudiced against me, acted unlawfully against me,
and favored BRC. 4. I moved to disqualify Judge Cook twice, and she
denied my motions each time. a. Plaintiffs Motion To Disqualify
Circuit Judge Martha J. Cook, filed June 14, 2010; denied by Judge
Cook June 16, 2010. b. Plaintiffs Motion To Disqualify Judge Martha
J. Cook, filed July 23, 2010; denied by Judge Cook July 27, 2010.
5. July 12, 2010 I gave notice of lawsuit to Judge Cook and the
other defendants in compliance with the requirements of section
768.28(6)(a), Florida Statutes, and Judge Cook refused to
disqualify herself. 6. July 22, 2010 Judge Cook issued an order
that created a false record about a prior order of Judge Nielsen on
the disqualification of counsel Mr. Rodems. Judge Cook's false
record is in violation of chapter 839, Florida Statutes, section
839.13(1); chapter 838 Mr. Michael Schneider, General Counsel Page
- 3 Florida Judicial Qualifications Commission October 5, 2010
Florida Statutes, section 838.022; and chapter 837 Florida
Statutes, section 837.06 False official statements. See Affidavit
of Neil J. Gillespie, copy enclosed. 7. July 29, 2010 Judge Cook
falsified the record about a panic attack I suffered July 12, 2010
while attending a hearing before her in "Notice Of Case Management
Status and Orders On Outstanding Res Judicata Motions" and "Notice
Of Court-Ordered Hearing On Defendants' For Final Summary
Judgment". See Affidavit of Neil J. Gillespie, copy enclosed. 8.
Both Judge Cook and the 13th Circuit have denied nlY request for
accommodation under the ADA - Anlericans With Disabilities Act.
Judge Cook has a personal conflict on matters of disability, her
daughter is disabled, see Plaintiffs Motion To Disqualify Judge
Martha J. Cook, filed July 23,2010; denied by Judge Cook July
27,2010. 9. September 28,2010 I commenced Gillespie v. 13th
Circuit, et aI, Case No. 5:10-cv503-oc-WTH-DAB. At a hearing later
that day before Judge Cook, she refused to recuse herself after I
provided a copy of the complaint. Judge Cook had me removed from
the hearing, and then unlawfully continued the hearing without me,
and unlawfully continued to make rulings and issue orders against
me. A transcript of the hearing is being prepared. In a subsequent
contempt order against me, Judge Cook wrote that I left the hearing
voluntarily. This is false - I was removed from the hearing by
Judge Cook and escorted from the courthouse by bailiffC.E. Brown of
the Hillsborough County Sheriffs Office. 10. October 1, 2010 in the
federal lawsuit I filed Plaintiffs Verified Emergency Motion For An
Order Of Protection and Order of Removal, against Judge Cook. 11.
This matter is very fluid. I expect more misconduct by Judge Cook,
and I plan further legal action to stop the unlawful conduct of
this out-of-controljudge. Enclosed is the following: 1. A signed
JQC complaint form for my complaint against Judge Cook 2. Gillespie
v. 13th Circllit, et aI, Case No. 5:10-cv-503-oc-WTH-DAB. A paper
copy of the complaint is enclosed with the 15 exhibits on the
enclosed CD. 3. Plaintiffs Motion To Disqualify Circuit Judge
Martha J. Cook, June 14, 2010 4. Order Denying Motion To Disqualify
Circuit Judge Martha J. Cook, June 16,2010 5. Plaintiffs Motion To
Disqualify Judge Martha J. Cook, July 23,2010 6. Order Denying
Motion To Disqualify Circuit Judge Martha J. Cook July 27, 2010 Mr.
Michael Schneider, General Counsel Page - 4 Florida Judicial
Qualifications Commission October 5, 2010 7. Notice Of Claim
Against The Thirteenth Judicial Circuit Pursuant to Section
768.28(6)(a), Florida Statutes, July 12,2010. A paper copy of the
notice is enclosed with the 23 exhibits on the enclosed CD 8.
Affidavit of Neil J. Gillespie (copy, the original is filed in the
federal lawsuit) that on July 22,2010 Judge Cook issued an order
that created a false record about a prior order of Judge Nielsen on
the disqualification of counsel Mr. Rodems. Judge Cook's false
record is in violation of chapter 839, Florida Statutes, section
839.13(1); chapter 838 Florida Statutes, section 838.022; and
chapter 837 Florida Statutes, section 837.06 False official
statements. 9. Affidavit of Neil J. Gillespie (copy, the original
is filed in the federal lawsuit) that on July 29, 2010 Judge Cook
falsified the record about a panic attack I suffered July 12,2010
while attending a hearing before her in "Notice Of Case Management
Status and Orders On Outstanding Res Judicata Motions" and "Notice
Of Court-Ordered Hearing On Defendants' For Final Summary
Judgment". 10. Plaintiff's Verified Emergency Motion For An Order
Of Protection and Order of Removal, October 1, 2010, against Judge
Cook. A paper copy of the motion is enclosed; the 108 pages of
exhibits are available on PACER. Most of the exhibits are
duplicative of documents provided above. My immediate concern is to
remove Judge Cook from my case and stop her unlawful behavior
against me. Thank you for your consideration. 10/0512010 PADDOCK
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