HON . .J. PRESTON SILVERNAIL CHAIR BROOKE S. KENNERLY EXECLmVE DIRECTOR MICHAEL L. SCHNEIDER GENERAL COUNSEL Neil J . Gillespie STATE OF FLORIDA ~ U D I C I A L QUALIFICATIONS COMMISSION I I 1 0 THOMASVILLE ROADTALLAHASSEE. FLORIDA 32303-6224 (850) 488- I 5 8 I January 24,2013 8092 SW 11 5 th Loop Ocala, FL 34481 Re : Docket No. 12554, Judge Cook Dear Mr. Gillespie: T he Commission has completed i t s review of your complaint in th e above matter a n d h a s determined, a t it s meeting held on Thursday, January 17,2013, that the concerns y o u have expressed are not allegations involving a breach of th e Code of Judicial Conduct warranting further action by t h e Commission. Th e purpose of t h e Commission i s to determine t h e existence of judicial misconduct a n d disability a s defined by the Constitution a n d t h e laws of th e State of Florida. If such misconduct o r disability is found, th e Commission c a n recommend disciplinary action to th e Florida Supreme Court. The Commission h a s found no basis for further action on your complaint that therefore h a s been dismissed. Sincerely yours, Michael L. Schneider General Counsel MLSjbsk
VIA U.P.S. No. 1Z64589FP295824266 November 26, 2012
Brooke S. Kennerly, Executive Director
Michael Schneider, General Counsel
Florida Judicial Qualifications Commission
1110 Thomasville Road Tallahassee, FL 32303-6224
RE: Docket No. 10495, Judge Martha Jean Cook, Hillsborough County, Florida
Dear Ms. Kennerly and Mr. Schneider:
In reply to Mr. Schneider’s letter of January 7, 2011 (copy enclosed), there is new information
and evidence showing the existence of judicial misconduct and disability by Judge Martha Cook,
misconduct and disability as defined by the Constitution and the laws of the State of Florida.
A letter to me dated January 12, 2011 from Major James Livingston, Commander of the CourtOperations Division, Hillsborough County Sheriff’s Office (HCSO), shows Judge Cook lied in
open court September 28, 2010 and engaged in dishonesty during hearings on Defendants’
Motion for Final Summary Judgment and Motion for Civil Contempt and Writ of Bodily
Attachment , in my lawsuit Gillespie v. Barker, Rodems & Cook, PA, et al, no. 05-CA-7205.
Major Livingston’s letter states in part: (copy enclosed)
In response to your letter dated November 13, 2010, I made contact with Deputy
Christopher E. Brown concerning your request for an explanation regarding why he
escorted you out of the courthouse on September 28, 2010 after a hearing with Judge
Martha Cook. Deputy Brown advised that the Judge ordered you to leave after a
disruption in the courtroom. He stated that he followed you to the front door as youexited the building without assistance. Other than the official records maintained by the
Court, I am not aware of any other records related to the hearing before Judge Cook.
The above statement impeaches Judge Cook, who made this statement on the record:
Transcript, September 28, 2010, Page 19.
5 [ THE COURT] You can make a r ecor d. I di d have your6 mot i on, i t was not i ced f or t oday. As you know,7 t hi s i s a Mot i on f or an Or der of Cont empt and
8 Wr i t of Bodi l y At t achment . And l et t he r ecor d9 r ef l ect t hat Mr . Gi l l espi e el ect ed t o l eave10 even t hough he was advi sed t hat t he hear i ng11 woul d cont i nue i n hi s absence.
A thirty-one (31) page transcript of the September 28, 2010 hearing is part of the record and
shows a time of 11:04 a.m. through 11:28 a.m. The transcript shows Judge Cook ordered me
removed from the courtroom at page 5, line 11, which removal is memorialized by Major Livingtson’s letter showing the statement of HCSO Deputy Christopher E. Brown.
Judge Cook ordered me removed following an oral motion to disqualify her, after I informed the
Judge that she was a Defendant in Gillespie v. Thirteenth Judicial Circuit, FL, et al, 5:10-cv-503,
U.S. District Court, M.D.Fla, Ocala Div. This lawsuit is a section 1983 civil rights and ADA
disability case. I attempted to provide Judge Cook a copy of the Complaint, which cover page is
Clerk-stamped “2010 SEP 28 AM 7:47” but she refused, so I left a copy on the plaintiff’s table.
(copy enclosed of the cover page in 5:10-cv-503).
The transcript shows that two additional hearings continued ex parte without my presence, and
without counsel representing me. The transcript shows Defendants’ Motion for Final Summary Judgment was heard ex parte, pages 5-16. The transcript shows Defendants’ Motion for Civil
Contempt and Writ of Bodily Attachment was heard ex parte, pages 17-25. Both motions were
granted in favor of Mr. Rodems for the Defendants, Rodems’ law firm and partner Mr. Cook.
Evidence of Judge Cook’s judicial misconduct and disability is not limited to lying in open court
and making improper ex parte rulings. The transcript shows Judge Cook immediately signed,
without review, a six page Order on Final Summary Judgment As To Count I prepared in
advance of the hearing by Mr. Rodems, suggesting the decision was a foregone conclusion.
Transcript, September 28, 2010, pages 15-16.
24 [ MR. RODEMS] And we have brought wi t h us t oday, Your25 Honor , a pr oposed Fi nal Summar y J udgment as t o1 Count One al ong wi t h t he appr opr i at e copi es and2 post age, pr e- pai d envel opes. I n t he event t hat3 t he or der i s not sat i sf act or y and you' d l i ke us4 t o send over a CD wi t h t hi s ver si on on i t so i t5 can be modi f i ed, we can cer t ai nl y do that .6 But , we woul d ask you t o revi ew t hat and7 consi der ent er i ng t hat . Thank you.8 THE COURT: I ' ve si gned t he or der . I wi l l9 have t he or i gi nal document wi t h t he cl er k and
10 conf or m copi es and mai l i t .
Judge Cook’s immediate signature and entry of Mr. Rodems’ six page proposed Order without
reading, let alone sufficient review, makes it impossible to determine her reasoning process
because there is no independent authorship. Mr. Rodems’ proposed Order contains many factual
errors, facts disputed in Plaintiff’s First Amended Complaint submitted May 5, 2010 which was
not considered, Plaintiff’s Motion For Summary Judgment with affidavit in support, submitted
April 25, 2006, set for hearing August 1, 2006 at 3.45 p.m. but postponed not heard, and false
and misleading legal arguments rejected by Order of Judge Richard Nielsen January 13, 2012,
matters decided res judicata which cannot be raised again. Judge Cook abdicated her role as judge, and improperly turned the role of judge over to Mr. Rodems.
Deciding between competing adversarial positions is at the core of judicial function, which is
impossible during an ex parte hearing. This fundamental obligation cannot be discharged without
the judge conducting an independent analysis, and articulating it independently in form of
judicial authorship. That is the role and function of a judge, not opposing counsel ex parte.
Some time ago the JQC investigated the Hon. Gregory P. Holder (Inquiry No. 02-487) for
allegedly plagiarizing 10 pages of a 21 page research report to the Faculty of the Air War
College. Judge Cook did more than mere plagiarizing, she entered a six page Order on Final
Summary Judgment As To Count I prepared by opposing counsel as her own judicial authorshipin her role as circuit court judge while presiding over litigation assigned to her as judge.
Judge Cook, in her Order Adjudging Plaintiff Neil J. Gillespie In Contempt entered September
30, 2010, stated at footnote 1 “Prior to this motion being heard, the Court heard Defendants’
motion for summary judgment. During that hearing, Plaintiff Neil J. Gillespie voluntarily left the
hearing and did not return.” This false statement by Judge Cook shows the existence of judicial
misconduct and disability as defined by the Constitution and the laws of the State of Florida. The
order itself contains a concoction of Mr. Rodems’ false statements presented ex parte.
Prior Complaint about Judge Martha Cook, JQC Docket No. 10495 - October 5, 2010
My prior complaint about Judge Cook, JQC Docket No. 10495 consisted of seven submissions:
• October 5, 2010, initial complaint, with completed, sworn and signed JQC complaint form,
which included two additional affidavits showing Judge Cook’s misconduct and crimes.
• October 16, 2010, follow-up letter about the federal lawsuit, 5:10-cv-503.
• November 3, 2010, follow-up letter, which included five additional affidavits showing Judge
Cook’s misconduct and criminal acts.
• November 4, 2010, follow-up letter about the federal lawsuit, 5:10-cv-503.
• November 12, 2010, follow-up letter, Judge Cook is insolvent, family bank under FDIC/OFR
consent order, specific bias against a particular class of parties, nonlawyer pro se litigants.
• November 19, 2010, follow-up letter, Petition for Writ of Prohibition, case no. 2D10-5529,letter to John Alcorn, Office of Financial Regulation, re Judge Cook’s business partner, DOJ.
• November 20, 2010, follow-up letter, Petition for Writ of Prohibition, case no. 2D10-5529.
My prior complaint submitted October 5, 2010 to the JQC about Judge Cook complained on
page 3, paragraph 9, that Judge Cook ordered me removed from the hearing September 28, 2010,
and Judge Cook lied and created a false record to show I left voluntarily:
9. September 28, 2010 I commenced Gillespie v. 13th Circuit, et al, Case No. 5:10-cv-503- 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 bailiff C.E. Brown of the Hillsborough County Sheriffs Office.
Upon information and belief, the September 28, 2010 statements by Judge Cook, now impeached
by Major Livingtson’s letter of January 12, 2011 and statement of HCSO Deputy Christopher E.
Brown, show Judge Cook falsified the record (and later falsified an order adjudging contempt)to show that I left the hearing voluntarily. Upon information and belief, Judge Martha J. Cook
knowingly and willfully, with malice aforethought, falsified a record in violation of chapter 839,
Florida Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed in any
judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed
in any court or falsify any minutes or any proceedings whatever of or belonging to any public
office within this state the person so offending shall be guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
My complaint of October 5, 2010 alleged the following crimes committed by Judge Cook,
crimes which if proven show the existence of judicial misconduct and disability as defined by
the Constitution and the laws of the State of Florida:
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
official statements. See Affidavit of Neil J. Gillespie, copy enclosed. (pp. 2-3)
[NOTE: My affidavit shows Judge Martha J. Cook knowingly and willfully, with
malice aforethought, falsified a record in violation of chapter 839, Florida
Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed
in any judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed in any court the person so offending shall be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
My affidavit shows Judge Martha J. Cook knowingly and willfully, with malice
aforethought, engaged in official misconduct to harm Neil Gillespie and benefit
Ryan Christopher Rodems and his clients, by falsifying an official record or
official document as described in this affidavit, to deny Gillespie due process, in
violation of the Misuse of Public Office statute, chapter 838 Florida Statutes,section 838.022 Official misconduct. (1) It is unlawful for a public servant, with
corrupt intent to obtain a benefit for any person or to cause harm to another, to:
(a) Falsify, or cause another person to falsify, any official record or official
document; (3) Any person who violates this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
My affidavit shows Judge Martha J. Cook knowingly and willfully, with malice
aforethought, made a false statement in writing with the intent to mislead a public
servant, Pat Frank, Clerk of the Circuit Court, in the performance of her official
duty, in violation of the perjury statute, chapter 837 Florida Statutes, section
837.06 False official statements. Whoever knowingly makes a false statement inwriting with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.]
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. (p.3).
[NOTE: My affidavit showed Judge Martha J. Cook knowingly and willfully,with malice aforethought, falsified a record in violation of chapter 839, Florida
Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed
in any judicial proceeding in any court of this state, or conceal any issue, or
falsify any document filed in any court or falsify any minutes or any proceedings
whatever of or belonging to any public office within this state the person so
offending shall be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.]
Judge Cook’s Disability-based Hostility and Discrimination Toward Gillespie
My complaint submitted October 5, 2010 to the JQC alleged on page 3, ¶8 that Judge Cook was biased toward me on the basis of disability, and had a personal conflict on matters of disability:
8. Both Judge Cook and the 13th Circuit have denied my request for accommodation
under the ADA - Americans 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.
