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Reply to JQC Executive Director Brooke S. Kennerly, re Failed to Lawfully Perform and Discharge Duties

Reply to JQC Executive Director Brooke S. Kennerly, re Failed to Lawfully Perform and Discharge Duties

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Published by Neil Gillespie
Brooke S. Kennerly is the Executive Director of the Judicial Qualifications Commission, and is by virtue of that position of trust an officer and employee of state government, responsible for lawfully performing and discharging her duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment, conflict of interest, or the
Unlicensed Practice of Law.

Unfortunately Brooke S. Kennerly engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation as the Executive Director of the Judicial Qualifications Commission.

The JQC’s letter to me August 30, 2013, sent through the U.S. mail, shows Ms. Kennerly used the mail to carry out a “scheme or artifice to defraud” another, 18 U.S.C. § 1341, of “the intangible right of honest services.” 18 U.S.C. § 1346.

Ms. Kennerly corruptly and knowingly assisted a judge or judicial officer, Martha Jean Cook, in conduct that is a violation of applicable rules of judicial conduct or other law. Thus, Brooke S. Kennerly failed to lawfully perform and discharge her duties. Instead, Brooke S. Kennerly engaged in fraud or impairment of a legitimate government activity.
Brooke S. Kennerly is the Executive Director of the Judicial Qualifications Commission, and is by virtue of that position of trust an officer and employee of state government, responsible for lawfully performing and discharging her duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment, conflict of interest, or the
Unlicensed Practice of Law.

Unfortunately Brooke S. Kennerly engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation as the Executive Director of the Judicial Qualifications Commission.

The JQC’s letter to me August 30, 2013, sent through the U.S. mail, shows Ms. Kennerly used the mail to carry out a “scheme or artifice to defraud” another, 18 U.S.C. § 1341, of “the intangible right of honest services.” 18 U.S.C. § 1346.

Ms. Kennerly corruptly and knowingly assisted a judge or judicial officer, Martha Jean Cook, in conduct that is a violation of applicable rules of judicial conduct or other law. Thus, Brooke S. Kennerly failed to lawfully perform and discharge her duties. Instead, Brooke S. Kennerly engaged in fraud or impairment of a legitimate government activity.

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Published by: Neil Gillespie on Sep 06, 2013
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VIA U.P.S. No. 1Z64589FP298545124 September 5, 2013Brooke S. Kennerly, Executive Director Michael Schneider, General CounselJudicial Qualifications Commission - JQC1110 Thomasville Road Tallahassee, FL 32303-6224RE: “Re: Complaint No. 10395, Judge Cook”, and the August 30, 2013 letter response of Brooke S. Kennerly, JQC Executive Director, copy enclosed.Dear Ms. Kennerly and Mr. Schneider:The letter response of Ms. Kennerly August 30, 2013 shows conduct involving dishonesty,fraud, deceit, or misrepresentation, conduct prejudicial to the administration of justice, and conduct to knowingly assist a judge or judicial officer in conduct that is a violation of applicablerules of judicial conduct or other law.Apparently that is why Ms. Kennerly responded to my complaint against Martha Jean Cook rather than JQC counsel Mr. Schneider, which conduct would have subjected him as a lawyer toa bar complaint for violation of Rule 4-8.4(c), (d), and (f).Ms. Kennerly’s letter is wrongly captioned: “Re: Complaint No. 10395, Judge Cook”. Thatcomplaint number does not match any complaint I know of concerning Martha Jean Cook.Ms. Kennerly’s letter to me August 30, 2013 states in substance:We have received your complaint correspondence dated August 21, 2013. A review of our records indicates the Commission dealt with your complaint and advised, on November 23, 2010, that your concerns involve legal matters that have remedy
solely
through the courts. There is nothing contained in your present correspondence that would cause the Commission to revisit its earlier disposition of the matter.Ms. Kennerly’s written statement is false: No one from the JQC “...advised, on November 23,2010, that your concerns involve legal matters that have remedy
solely
through the courts...”The Commission did not provide me a letter or other advice November 23, 2013 “that [my]concerns involve legal matters that have remedy
solely
through the courts.” Ms. Kennerly’sassertion is false. If not, provide a copy of the document Ms. Kennerly referenced.Ms. Kennerly made this false statement: “There is nothing contained in your presentcorrespondence that would cause the Commission to revisit its earlier disposition of the matter”.Specifically I raised a new issue, Martha Cook’s failure to properly respond to my spokenmotions to disqualify her as judge, and Cook’s failure provide a reasonable amount of time toreduce the motion to writing as required by Rogers v. State, 630 So. 2d 513 (Fla. 1993).
 
Brooke S. Kennerly, Executive Director September 5, 2013Michael Schneider, General CounselFlorida Judicial Qualifications CommissionPage - 2The JQC and the Supreme Court of Florida upheld Rogers in SC07-198 September 29, 2008,
see
Inquiry Concerning a Judge, No. 06-52, RE: Cheryl Aleman, copy enclosed. I am a non-lawyer and only learned of Rogers and is application to the Cheryl Aleman inquiry last month.Ms. Kennerly, your decision announced August 30, 2013 that my complaint against Martha JeanCook involves legal matters that have remedy
solely
through the courts is a new decision, notone previously made by the JQC. Unless you are licensed to practice law in Florida, you mayhave engaged in the Unlicensed Practice of Law (UPL), Rule 10-2.1(a). Also, you are not free tocreate a false record to dismiss my complaint made August 21, 2013 against Martha Jean Cook.The Judicial Qualifications Commission of Florida is an independent agency created by theFlorida Constitution solely to investigate alleged misconduct by Florida state judges in a fair and unbiased manner without favoritism, extortion, improper influence, personal self-enrichment,self-dealing, concealment, and conflict of interest.Authority for The Judicial Qualifications Commission is found in the Florida Constitution,Article V Judiciary, Section 12 Discipline; removal and retirement, and section 43.20 FloridaStatutes, Judicial Qualifications Commission:43.20(1) PURPOSE.—The purpose of this section is to implement s. 12(b), Art. V of theState Constitution which provides for a Judicial Qualifications Commission.Brooke S. Kennerly is the Executive Director of the Judicial Qualifications Commission, and is by virtue of that position of trust an officer and employee of state government, responsible for lawfully performing and discharging her duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment, conflict of interest, or theUnlicensed Practice of Law.Unfortunately Brooke S. Kennerly engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation as the Executive Director of the Judicial Qualifications Commission.The JQC’s letter to me August 30, 2013, sent through the U.S. mail, shows Ms. Kennerly used the mail to carry out a “scheme or artifice to defraud” another, 18 U.S.C. § 1341, of “theintangible right of honest services.” 18 U.S.C. § 1346.Ms. Kennerly corruptly and knowingly assisted a judge or judicial officer, Martha Jean Cook, inconduct that is a violation of applicable rules of judicial conduct or other law.Thus, Brooke S. Kennerly failed to lawfully perform and discharge her duties. Instead, Brooke S.Kennerly engaged in fraud or impairment of a legitimate government activity.
 
Brooke
S.
Kennerly, Executive DirectorSeptember 5, 2013Michael Schneider, General CounselPage -3Florida Judicial Qualifications CommissionMs. Kennerly, I demand you withdrawal your letter
of
August 30, 2013 and lawfully performand discharge your duties. In addition to and in the alternative, I demand you correct your letterto reflect the actual case number and factual record. I demand you identify the basis
of
youropinion, order, decree, mandate, or decision as JQC Executive Director that
my
complaintagainst Martha Jean Cook involves "legal matters that have renledy
solely
through the courts".I demand you provide evidence showing you are licensed to practice law in Florida,
if
you are infact licensed.Under penalty
of
perjury, I declare that I have examined and understand this complaint andto the best
of
my knowledge and belief, the above information is true, correct and complete andsubmitted
of
my own free will.Telephone: (352) 854-7807Email: neilgillespie@mfi.netEnclosures: Letter
of
Brooke
S.
Kennerly, August 30, 2013 to Neil
J.
GillespieOrder SC07-198 JQC Inquiry
of
Cheryl AlemanMy complaint letter against Martha Jean Cook August 21, 2013 (letter only)

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