Response To Tad David OSCA General Counsel Florida Disability Discrimination

VIA UPS No.
1Z64589FP290332627
Via Email: davidt@flcourts.org
February 9, 2015
Thomas A. "Tad" David, General Counsel

Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399
Phone: (850) 488-1824
Fax: (850) 410-5301
RE: Grace A. Fagan, the apparent ADA Coordinator for the Fifth Judicial Circuit, and my
ADA Title II Accommodation Request submitted December 10, 2014
Mr. David,
Your latest email (enclosed) is not responsive to the issues. Exhibit 1.
Let me restate my complaint for your response:
1.
I filed an ADA Title II accommodation request December 10, 2014 in Marion County, in
connection with the foreclosure case shown below. I did not get a disability accommodation. I
did not get a response to my an ADA Title II accommodation request.
Action needed: I want a response now. Otherwise I want the OSCA to take action to get a
response to which I am entitled.
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.
2.
Attached/enclosed are the documents I submitted December 10, 2014:
Exhibit 2
FLORIDA STATE COURTS SYSTEM ADA TITLE II ACCOMMODATION

REQUEST FORM June 28, 2010. I submitted the form by pushing a button on
page 6 of the form, December 10, 2014 @11.2X AM.
Exhibit 3
Email receipt from John Sullivan, jsullivan@circuit5.org Dec-10-2014 @11.54 AM
Exhibit 4
My email to Mr. Sullivan, jsullivan@circuit5.org Dec-10-2014 @12.49 PM:

Dear Mr. Sullivan,
Thank you for acknowledging receipt of my ADA request. I appreciate your
professionalism. As a courtesy, please find attached the following:
Exhibit 5
The ADA One Avenue to Appointed Counsel Before a Full Civil Gideon (law review)

Exhibit 6
Exhibit 7
Exhibit 8
February 9, 2015
Page - 2
Brain injury leads to suspension for Maine lawyer; 'I couldn't stick to tasks,' he
says (American Bar Association, composite)
Notification from Social Security of full disability, 08-23-93, SSA to NJG-disabled.
Pages from disability motion, US 11th Circuit 12-11213-C and ER report
My full disability motion (251 pages) US 11th Circuit 12-11213-C is posted on Scribd,
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
My Scribd Disability "Collection" of documents is found here,
https://www.scribd.com/collections/3851318/Disability-and-the-Law
If you require anything else, please contact me. Thanks again.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
(352) 854-7807
3.
On December 10, 2014 I provided by email @11.37 AM (Exhibit 9) a second time

(Exhibit 10) the FLORIDA STATE COURTS SYSTEM ADA TITLE II
ACCOMMODATION REQUEST FORM June 28, 2010, to the names shown, with the
message below. Tellingly the link was broken to the ADA form on the 5th Judicial
Circuits website.
Thank you. I already submitted my ADA request on the attached form I just found from
last year. Neil J. Gillespie.
Judge Hale Ralph Stancil,
Tameka Gordon, ADA Coordinator
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

February 9, 2015
Page - 3
4.
Grace A. Fagan is not shown as an ADA coordinator anywhere in the state of Florida on
the attached (Exhibit 11) Directory of Florida Courts ADA Coordinators published by OSCA
and found on the OSCA website at the link below. But she is acting as an ADA Coordinator.
Question: Under what authority is Grace A. Fagan acting as ADA Coordinator?
Question: When will OSCA correct the omission of Grace A. Fagan from its Directory of
Florida Courts ADA Coordinators?
http://www.flcourts.org/core/fileparse.php/243/urlt/ADA_directory.pdf
5.
The attached Directory of Florida Courts ADA Coordinators (Exhibit 9) published by
OSCA and found on the OSCA website shows five other ADA Coordinators for the Fifth
Judicial Circuit for the respective counties of Marion, Citrus, Lake, Hernando and Bushnell. I
have not gotten a response from Tameka Gordon, the ADA coordinator for Marion County to my
ADA Title II accommodation request to her.
Question: Why has Tameka Gordon not responded to my ADA Title II request?
Ms. Tameka Gordon
110 N.W. 1st Avenue
Ocala, FL 34475
Phone: 352-401-6710 (ADA line)
Fax: 352-401-7883
ADA Duties: Marion County
Mr. John D. Sullivan

110 N. Apopka Street
Inverness, FL 34450-4231
Phone: 352-341-6700
Fax: 352-341-7008
ADA Duties: Citrus County
Ms. Nicole Berg

P. O. Box 7800
Tavares, FL 32778
Phone: 352-253-1604
Fax: 352-742-4370
ADA Duties: Lake County
Ms. Peggy Welch

20 N. Main Street, Room 350
Brooksville, FL 34601
Phone: 352-754-4402
Fax: 352-754-4267
ADA Duties: Hernando County
Ms. Lorna Barker

225 E. McCollum Avenue, Room 209
Bushnell, FL 33513
Phone: 352-569-6088
Fax: 352-569-6098
6.
Grace A. Fagan, the apparent ADA Coordinator for the Fifth Circuit, has refused to
accept my emailed request for a copy of my ADA Title II accommodation request showing it
was received with the date stamp. Contrary to her assertion, I am not required to "put [my]
public records requests in writing and addressed to [her] office. All public records are required to
be hard copied via US Mail not email."
There is no requirement that a records request be in writing or sent through the U.S. mail to her
office. You know that Mr. David from my prior records request to you, made by email, and
records provided by you or OSCA in PDF format by email to me. Also, Ms. Fagan has not
provided a street address (that I can recall) and my shipper United Parcel Service (U.P.S.) can
not legally deliver to a Post Office Box. So email is the efficient way to do a records request.

February 9, 2015
Page - 4
Action needed: Inform Ms. Fagan about Floridas public records law, and her
responsibility to provide records as a public employee of the Courts. The mission of the
judicial branch is to protect rights and liberties, uphold and interpret the law, and provide
for the peaceful resolution of disputes. - OSCA website.
Article I, Section 24 of the Florida Constitution guarantees Access to public records and
meetings. Public records are governed by Chapter 119, Florida Statutes.
All public records requests shall be acknowledged promptly and in good faith,
F.S. 119.07(1)(c)
Under F.S. 119.10(2) Ms. Fagan is a person subject to violation and penalties.
119.10 Violation of chapter; penalties.
(1) Any public officer who:
(a) Violates any provision of this chapter commits a noncriminal infraction, punishable
by fine not exceeding $500.
(b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and
removal or impeachment and, in addition, commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who willfully and knowingly violates:
(a) Any of the provisions of this chapter commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(b) Section 119.105 commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
7.
The ADA Title II accommodation request process is not supposed to be part of the
adversarial process, but it has been in this case. If you/OSCA believes the ADA Title II
accommodation request is subject to the adversarial process, state your opinion or belief thereto,
and provide citation(s) to law.
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.
An accommodation under the ADA TITLE II 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,

February 9, 2015
Page - 5
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
It has 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.
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.
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.
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.
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 A2010-12-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
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.
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:

February 9, 2015
Page - 6
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.
8.
Mission & Vision - from the OSCA website

http://www.flcourts.org/florida-courts/mission-and-vision.stml
The mission of the judicial branch is to protect rights and liberties, uphold and interpret
the law, and provide for the peaceful resolution of disputes.
Vision of the Florida Judicial Branch

Justice in Florida will be accessible, fair, effective, responsive, and accountable.
To be accessible, the Florida justice system will be convenient, understandable,

timely, and affordable to everyone.
To be fair, it will respect the dignity of every person, regardless of race, class, gender
or other characteristic, apply the law appropriately to the circumstances of individual
cases, and include judges and court staff that reflect the community's diversity.
To be effective, it will uphold the law and apply rules and procedures consistently
and in a timely manner, resolve cases with finality, and provide enforceable
decisions.
To be responsive, it will anticipate and respond to the needs of all members of

society, and provide a variety of dispute resolution methods.
To be accountable, the Florida justice system will use public resources efficiently,
and in a way that the public can understand.
Thank you in advance for the courtesy of a response.

Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida
Enclosures
Telephone: (352) 854-7807

Email: neilgillespie@mfi.net
Page 1 of 5
Neil Gillespie
From:
To:
Sent:
Subject:
"Tad David" <davidt@flcourts.org>

"Neil Gillespie" <neilgillespie@mfi.net>
Monday, February 09, 2015 5:26 PM
RE: Shame on the Hale Ralph Stancil kangaroo court - listen for yourself
Mr. Gillespie:
After reviewing your correspondence to me on December 18, 2014 (copied below), it does not appear that the correspondence
requests anything other than my view of the situation. This does not appear to be the type of correspondence to which I can
properly respond, since it seeks to elicit my opinion or advice. I cannot give you advice or my legal opinion since I am the general
counsel for OSCA. Otherwise, there are policies and procedure to follow when seeking ADA accommodations and when attempting
to file a complaint against the various individuals and entities that may be involved.
Thank you for understanding.
Sincerely,
Thomas A. "Tad" David

General Counsel
Supreme Court Building
500 South Duval Street
Phone: (850) 488-1824
Fax: (850) 410-5301
davidt@flcourts.org
Dear Mr. David,

The so-called ADA Coordinator for the Fifth Circuit is refusing to provide records by email. I am not mailing these criminals anything. I
want the records, so I can bring them to justice. I would appreciate your view of this situation.
Thank you in advance for the courtesy of a response.
From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Friday, February 6, 2015 2:39 PM
To: ADA; osca; Tad David; Grace Fagan; Ramon A. Abadin; Adria E Quintela; Gregory W. Coleman; Jack Harkness; John Thomas Berry;
Paul Hill; Public Information; Adam Putnam, Comm.; Gov. Rick Scott; Jeff Atwater, CFO; Pam Bondi, AG
Cc: Neil Gillespie
Subject: Fw: Shame on the Hale Ralph Stancil kangaroo court - listen for yourself
Tad David, General Counsel

OSCA
Mr. David:
As of today I do not show a response to my email to you December 18, 2014. The essence of my contact with you concerns the ADA request
submitted in Marion County. What will OSCA do to assure compliance with the ADA Amendments Act of 2008?
Neil J. Gillespie
Dear Mr. David,
No one has responded to my ADA request submitted in Marion County. What will OSCA do to assure compliance with the ADA Amendments Act
of 2008?
2/9/2015
Page 2 of 5
Civil counsel may be appointed "in any situation in which the court appoints counsel to protect a litigants due process rights" 29.007 Courtappointed counsel.
----- Original Message ----From: Neil Gillespie
To: A. Lee Bentley ; DOJ ADA ; John Anthony Tomasino ; Tad David ; Paul F Hill ; John Thomas Berry ; John F Harkness ; Gregory William Coleman ; Adria E
Quintela ; Ramon A. Abadin ; Gov. Rick Scott ; Pam Bondi, AG ; Adam Putnam, Comm. ; Jeff Atwater, CFO ; ADA OSCA ; Public Information Office ; Patricia
Ann Toro Savitz ; Jon Marshall Oden ; Robert J. Stovash ; Barry Rodney Davidson ; Frank Harlan Killgore Jr. ; Michael Schneider ; Neil Gillespie
Cc: Hon. Hale R Stancil ; Hon. Don F Briggs ; Grace Ann Fagan ; McCalla Raymer E-service ; Tameka Gordon, ADA Coordinator ; Jane Bond ; Robyn Katz ;
Greg Harrell
Sent: Thursday, December 18, 2014 5:11 PM
Subject: Shame on the Hale Ralph Stancil kangaroo court - listen for yourself
Arthur Lee Bentley, U.S. Attorney

Middle District of Florida
Congratulations on your Senate voice vote confirmation December 16, 2014.
This is a request for assistance with the ADA Amendments Act 2008, and
disability discrimination in the Florida Fifth Judicial Circuit
John Anthony Tomasino
Supreme Court of Florida
tomasino@flcourts.org
Tad David, General Counsel
Office of State Courts Administration
davidt@flcourts.org
Dear Mr. Tomasino,
Please find attached a .wav recording of a hearing earlier today consented to by Judge Hale Stancil. What provision does the Supreme Court of
Florida have to receive this recording in a proceeding? I am planning a motion for appointment of counsel under the ADA and want to show the
Supreme Court the what passes as due process in certain rogue courts.
While there are many issues with the way Judge Stancil conducted the hearing this morning, the judge said I cannot represent my interest in a
family trust where I am the sole trustee. The only trust asset is the home in foreclosure. Because I am not able to obtain counsel, my only option is
a counsel appointment under the ADA. I raised this during the Stancils "hearing" to no avail.
Because of brain injury, I cannot participate in a hearing, which is obvious from the recording. There is a breakdown in my ability to put into
spoken words what I am thinking. Judge Stancil feigned ignorance of civil counsel appointment under Florida law. He is wrong, but I was not able
to put into spoken words what I was thinking, or knew from past research, set forth below in writing, after referring that earlier research:
The Supreme Court of Florida currently has a duty and the authority to administratively provide legal counsel to unrepresented persons under the
Sixth Amendment to the U.S. Constitution, and the ADA Amendments Act of 2008, and "in any situation in which the court appoints counsel to
protect a litigants due process rights" 29.007 Court-appointed counsel. http://www.leg.state.fl.us/STATUTES/index.cfm?
App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html
In addition, there is sufficient evidence to support universal counsel appointment under Powell vs. Alabama, 287 U.S. 45.
MR. JUSTICE SUTHERLAND delivered the opinion of the Court...."If in any case, civil or criminal, a state or federal court were arbitrarily to
refuse to hear a party by counsel, employed by and appearing for him, it reasonably may not be doubted that such a refusal would be a denial of a
hearing, and, therefore, of due process in the constitutional sense..."
"...The right [p69] to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent
and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for
himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be put on trial
without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the
skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in
the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his
innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,
civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel, employed by and appearing for him, it reasonably may
not be doubted that such a refusal would be a denial of a hearing, and, therefore, of due process in the constitutional sense..."
Powell v. Alabama, 287 U.S. 45
Argued: October 10, 1932
Decided: November 7, 1932
224 Ala. 524, 531, 540, reversed.
http://www.law.cornell.edu/supremecourt/text/287/45
During the hearing Judge Stancil announced his test for legal competency: The ability to drive a car. This is nonsensical, as I drive a car and never
have to make a legal argument while driving. A person who cannot speak can drive a car, but could not represent themselves in court. Stancil also
relies on the drivers license test: If a person has a Florida drivers license, then they are competent to represent themselves. Under that nonsense,
my drivers license should be sufficient proof to be admitted to The Florida Bar, without law school, bar exam or character check.
2/9/2015
Page 3 of 5
Currently Florida administratively provides legal counsel in compliance with the Sixth Amendment by and through the Florida Statutes, Title V,
Judicial Branch, Chapter 27 State Attorneys; Public Defenders; Related Offices, Part III, Public Defenders and Other Court-Appointed Counsel.
Section 27.40(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under
the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as
authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall be appointed to represent persons in those cases in which
provision is made for court-appointed counsel but the public defender is unable to provide representation due to a conflict of interest or is not
authorized to provide representation.
(2)(a) Private counsel shall be appointed to represent persons in those cases in which provision is made for court-appointed counsel but the office
of criminal conflict and civil regional counsel is unable to provide representation due to a conflict of interest.
(b) Private counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this
section.
(3) In using a registry:
(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by county and by category of cases, and provide the list to the
clerk of court in each county. The chief judge of the circuit may restrict the number of attorneys on the general registry list. To be included on a
registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by general law for court appointment;
2. Is available to represent indigent defendants in cases requiring court appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services.
As for showing disability, Stancil took testimony from opposing counsel on my disability. That is beyond outrageous.
Because I receive Social Security Disability benefits pursuant to Title II of the Social Security Act, and was eligible for vocational rehabilitation
services, I am aware of a standard:
413.30 Eligibility for vocational rehabilitation services.
(2) Determinations by other state or federal agencies regarding whether an individual satisfies one or more factors relating to the determination that
an individual has a disability may be used. Individuals determined to have a disability pursuant to Title II or Title XVI of the Social Security Act
shall be considered to have a physical or mental impairment that constitutes or results in a substantial impediment to employment and a significant
disability.
Florida already administratively provides counsel, and could do so under the ADA upon "Determinations by other state or federal agencies
regarding whether an individual satisfies one or more factors relating to the determination that an individual has a disability"
Curtis Wilson for McCalla Raymer lied to the judge about pending motions. Wilson mentioned Defendants MOTION TO DISMISS filed, February
4, 2013, but did not tell the judge about Defendants' Rule 1.150 Motion to Strike Sham Pleadings, filed July 25, 2014.
Wilson also lied about my motion to quash service. Wilson told the judge the motion was based on lack of ADA language. Wilson failed to tell the
judge that the summons for me personally had the wrong date - by a year. Here are some paragraphs from my motion to quash summons:
4. Service of process must strictly comply with all relevant statutory provisions. Walker v. Fifth Third Mortgage Company, 2012 WL 5457220,
No. 5D12-3187 (Fla. 5th Dist. Ct. App. 2012) citing Shurman v. Atlantic Mortgage & Investment Corp. (Fla. 2001) (holding that "statutes
governing service of process are to be strictly construed and enforced") see also Re-Employment Services, Ltd v. National Acquisitions Co., 969
So. 2d 467 (Fla. 5th Dist. Ct. App. 2007) (holding that "courts require strict construction of, and compliance with, the provisions of statutes
governing service of process").
Strict compliance? Not in the Hale Ralph Stancil kangaroo court.
7. The party seeking to invoke the courts jurisdiction has the burden to prove the validity of service of process. Torres v. Arnco Constr., Inc., 867
So. 2d 583, 587 (Fla. 5th DCA 2004).
Burden of proof? Not in the Hale Ralph Stancil kangaroo court
9. Because Plaintiff failed to strictly comply with the requirements of Fla. Stat. 48.031(5), service of process must be quashed. Vidal, 41 So. 3d
401; see also Gamboa v. Jones, 455 So. 2d 6] 3 (Fla. 3d Dist. Ct. App. 1984).
Service of process must be quashed. HA HA, Not in the Hale Ralph Stancil kangaroo court!
Dear Mr. David,
No one has responded to my ADA request submitted in Marion County. What will OSCA do to assure compliance with the ADA Amendments Act
of 2008?
Civil counsel may be appointed "in any situation in which the court appoints counsel to protect a litigants due process rights" 29.007 Courtappointed counsel.
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0029/Sections/0029.007.html
29.007 Court-appointed counsel.For purposes of implementing s. 14, Art. V of the State Constitution, the elements of court-appointed counsel
to be provided from state revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or
the office of criminal conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent
2/9/2015
Page 4 of 5
indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional
guarantees and federal and state statutes.
Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for
costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section
applies in any situation in which the court appoints counsel to protect a litigants due process rights.
Unfortunately Hale Ralph Stancil knowingly failed to protect my due process rights. I consider that a deprivation of rights under the color of law,
in violation of 18 USC 242. http://www.justice.gov/crt/about/crm/242fin.php
THE BANKS DESTROYING AMERICA, Florida attorney Matt Weidner, http://youtu.be/BsLoG4Q8k58
An Occupy.com Profile: Captain Ray Lewis, http://youtu.be/jv_CcmRZ7zc
The American Bar Association (ABA) recently added a "Civil Right to Counsel" page, "Law Governing Appointment of Counsel in State Civil
Proceedings", http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html with 50 research reports,
one for each state detailing existing authority for appointment of counsel in various types of civil proceedings. There is an Appendix: International
Law Relating to Appointment of Counsel in Civil Proceedings.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_appendix.authcheckdam.pdf
Florida law for civil counsel appointment.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_fl.authcheckdam.pdf
Law Addressing Authorization or Requirement to Appoint Counsel in Civil Proceedings Generally
State Statutes and Court Decisions Interpreting Statutes
Fla. Stat. 29.007 (2011) ("Court-appointed counsel") provides:
For purposes of implementing s. 14, Art. V of the State Constitution [relating to funding
of the judiciary], the elements of court-appointed counsel to be provided from state
revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the office of criminal
conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent
indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional
guarantees and federal and state statutes.
...
This section applies in any situation in which the court appoints counsel to protect a
litigants due process rights.
A private attorney appointed by a court pursuant to 29.007 (2011) "shall be reimbursed for reasonable and necessary expenses" incurred during
representation. Fla. Stat. 27.5304 (2011). Fla. Stat. 27.5304 lists the fat fees to be awarded to private attorneys. Counsel may seek compensation
in excess of the fat fees listed in 27.5304 only if "compensation on an hourly basis at a rate of $75.00 would be at least double the fat fee." Justice
Admin. Comm'n v. Shaman, 59 So. 3d 1231 (Fla. App. 2011).
The ABA report shows Florida is authorized to appoint counsel in Specific Types of Civil Proceedings, page 2,
Law Addressing Authorization or Requirement to Appoint Counsel in Specific Types of Civil Proceedings
1. Shelter
Federal Statutes and Court Decisions Interpreting Statutes
The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968, provides that "[a]n aggrieved person may commence a
civil action in an appropriate United States district court or State court." 42 U.S.C. 3613 (a)(1)(A). Further, "[u]pon application by a person
alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may-- (1) appoint an attorney for such
person." 42 U.S.C. 3613(b).
On December 10, 2013 I filed a civil rights complaint against McCalla Raymer LLC, et al. and others with the Florida Commission on Human
Relations (FCHR) the complaint was ignored and dismissed. However my HUD complaint also claimed under civil rights.
Forward
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_foreword.authcheckdam.pdf
"It is a commonplace for courts throughout the United States to announce, "there is no right to counsel in civil cases in this state." Yet, in truth, in
every state there are at least a few categories of civil cases in which indigent litigants have a right to counsel. Indeed in some jurisdictions there are
many such rights. It also is not unusual for state law to grant judges a discretionary power to appoint counsel for such litigants in still other kinds of
cases, or even for all civil cases."
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
352-854-7807
neilgillespie@mfi.net
2/9/2015
Page 5 of 5
----- Original Message ----From: Neil Gillespie

To: Hon. Hale R Stancil ; DOJ ADA ; Hon. Don F Briggs ; Grace Ann Fagan ; McCalla Raymer E-service ; Tameka Gordon, ADA Coordinator ; Jane Bond ;
Robyn Katz ; Patricia Ann Toro Savitz ; Barry Rodney Davidson ; Frank Harlan Killgore Jr. ; Robert J. Stovash ; Jon Marshall Oden
Cc: Hon. Don F Briggs ; Grace Ann Fagan ; McCalla Raymer E-service ; Neil Gillespie
Sent: Thursday, December 18, 2014 10:03 AM
Subject: Motion-Disqualif-JUDGE-Stancil-Filing 21743681 Filed 12-18-2014 05.23.27 AM
Judge Stancil,
This email is to confirm that Sue Starling received my faxed motion to disqualify you, that was served on you at 5.23 AM today by the Florida
Courts E-filing portal. Sue said you were going ahead with the hearing anyway. That is contrary to law. I left a message that I can attend
telephonically. A copy of the motion to disqualify you is attached.
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481
2/9/2015
FLORIDA STATE COURTS SYSTEM
ADA TITLE II ACCOMMODATION REQUEST FORM 1

June 28, 2010
RIGHT TO AN ACCOMMODATION
If you are an individual with a disability who needs an accommodation in order to participate in
a court proceeding or other court service, program, or activity, you are entitled, at no cost to
you, to the provision of certain assistance. Requests for accommodations may be presented on
this form, in another written format, or orally. Please complete the attached form and return it
to the following:
Citrus County John Sullivan, Citrus County Courthouse, 110 N. Apopka Ave, Inverness, Fl,
34450, phone 352-341-6700, fax 352-341-7008, jsullivan@circuit5.org
Hernando County-Peggy Welch, Hernando County Courthouse, 20 N. Main Street, Brooksville,
FL 34601, phone 352-754-4402, fax 352-754-4035, pwelch@circuit5.org
Lake County-Nicole Berg, Lake County Judicial Center, PO Box 7800, Tavares, FL 32778, phone
352-253-1604, fax 352-253-1630, nberg@circuit5.org
Marion County-Tameka Gordon, Marion County Judicial Center, 110 NW 1st Ave, Ocala, FL
34475, phone 352-401-3710, fax 352-401-7883, tgordon@circuit5.org
Sumter County-Lorna Barker, Sumter County Judicial Complex, 225 E. McCollum Ave, Bushnell,
FL 33513, phone 352-569-6012, fax 352-569-6098, lbarker@circuit5.org
This should be done as far in advance as possible, but preferably at least seven (7) days before
your scheduled court appearance or other court activity.
Upon request by a qualified individual with a disability, this document will be made
available in an alternate format. If you need assistance in completing this form due
to your disability, or to request this document in an alternate format, please contact
This form was developed for use by individuals with disabilities who may require a
modification in a policy, provision of an auxiliary aid or service, or assignment to an accessible
location in order to participate in a court proceeding or other court service, program, or activity
that is covered by Title II of the Americans with Disabilities Act. Court employees with
disabilities who need a reasonable accommodation to be able to perform the essential
functions of their jobs should contact their immediate supervisor, the ADA coordinator for their
court, the OSCA Office of Personnel Services, or the State Courts ADA Coordinator.

ADA ACCOMMODATIONS PROVIDED BY FLORIDA COURTS

Pursuant to Title II of the Americans with Disabilities Act the Florida State Courts System will
make reasonable modifications in policies, practices, and procedures; furnish auxiliary aids and
services; and afford program accessibility through the provision of accessible facilities, the
relocation of services or programs, or the provision of services at alternative sites, as
appropriate and necessary.
Examples of auxiliary aids or services that the State Courts System may provide for qualified
individuals with disabilities include:
Assistive listening devices

Qualified ASL or other types of interpreters for persons with hearing loss
Communication access real-time translation / Real-time transcription services
Accessible formats such as large print, Braille, electronic document, or audio tapes
Qualified readers
Accommodations that are granted by the state courts are made at no cost to qualified
individuals with disabilities. 2
Please note that providing accommodations for some individuals with disabilities who appear
in the courtroom as part of their employment duties or professional practice is a responsibility
that appropriately may be shared by the individuals employer and the courts. Title I of the
Americans with Disabilities Act requires employers of 15 or more employees and Title II of the
Americans with Disabilities Act requires all state and local government employers to provide
reasonable accommodations to qualified employees with disabilities. In addition, Section 504
of the Rehabilitation Act of 1973, as amended, covers recipients of federal funding, and
requires all covered organizations to provide accommodations for their employees. These
responsibilities are concomitant with the courts responsibility under Title II of the ADA. It is to
everyones benefit when employers and the court system work together to ensure that
reasonable accommodations for individuals with disabilities are provided in the most efficient
and cost effective manner.
Florida State Courts System
Page 2
ADA Accommodation Request Form
AIDS/SERVICES COURTS CANNOT ADMINISTRATIVELY GRANT AS ADA

ACCOMMODATIONS
Examples of aids or services the Florida State Courts System cannot provide as an
accommodation under Title II of the Americans with Disabilities Act include:
Transportation to and from the courthouse

Legal counsel or advice
An official transcript of a court proceeding
Personal devices such as wheelchairs, hearing aids, or prescription eyeglasses
Personal services such as medical or attendant care
Readers for personal use or study
Additionally, the courts cannot administratively grant, as an ADA accommodation, requests that
impact court procedures within a specific case. Requests for an extension of time, a change of
venue, or participation in court proceedings by telephone or videoconferencing must be
submitted by written motion to the presiding judge as part of the case. The judge may consider
an individuals disability, along with other relevant factors, in granting or denying the motion.
Furthermore, the court cannot exceed the law in granting a request for an accommodation. For
example, the court cannot extend the statute of limitations for filing an action because
someone claims that he or she could not make it to the court on time due to a disability, nor
can the court modify the terms of agreements among parties as an ADA accommodation.
Finally, the Americans with Disabilities Act (ADA) does not require the court system to take any
action that would fundamentally alter the nature of court programs, services, or activities, or
that would impose an undue financial or administrative burden on the courts.
DOCUMENTATION OF THE NEED FOR AUXILIARY AIDS AND SERVICES

If an individual has a disability that is not obvious, or when it is not readily apparent how a
requested accommodation relates to an individuals impairment, it may be necessary for the
court to require the individual to provide documentation from a qualified health care provider
in order for the court to fully and fairly evaluate the accommodation request. These
information requests will be limited to documentation that (a) establishes the existence of a
disability; (b) identifies the individuals functional limitations; and (c) describes how the
requested accommodation addresses those limitations. Any cost to obtain such documentation
is the obligation of the person requesting the accommodation.
Page 3
FLORIDA STATE COURTS SYSTEM TITLE II ADA ACCOMMODATION REQUEST FORM

Please return this completed form to:
This should be done as far in advance as possible, but preferably at least seven (7)
days before your scheduled court appearance or other court activity.
12
10
2014
1. Date request submitted: ______/______/______
2. Person needing accommodation
Neil J. Gillespie
Name: _________________________________________________________________
Are you (please check one of the following seven options):
[ ] Defendant
[] Litigant/Party
[ ] Witness
[ ] Juror
[ ] Victim
[ ] Attorney
[ ] Other (please specify): __________________________________________________

3. Contact information for person needing accommodation
8092 SW 115th Loop

Street or P.O. Box: ________________________________________________________
Ocala
City: ___________________________________________________________________
Florida
34481
State: ___________________________________
Zip Code: _____________________
352-854-7807
Telephone Number (include area code): ______________________________________
Email Address: ___________________________________________________________
4. Person making request (if other than the person needing the accommodation)
n/a
Name: _________________________________________________________________
n/a
n/a
Email Address: __________________________________________________________
n/a
Relationship to person needing an accommodation: ____________________________
Page 4
5. Case information (if applicable)

Reverse Mortgage Solutions Inc v Neil J Gillespie et al
Style of case (case title), if known: __________________________________________
2013-CA-000115 or 42-2013-CA-000115-AXXX-XX
Case number, if known: __________________________________________________
Hon. Hale Stancil
Judge, if known: ________________________________________________________
Hearing Dec-18-2014 and duration of this case
Date accommodation needed: ______________________________________________
The hearing is 10:00 AM
Time accommodation needed: ______________________________________________
County Judicial
Location (courthouse/courtroom) accommodation needed: Marion
_______________________
duration of this case.

Duration for which the accommodation is requested: ____________________________
Type of case, if known (please check one of the following ten options):
[ ] appeal
[ ] circuit criminal
[ ] circuit civil
[ ] probate, guardianship, or mental health

[ ] traffic court
[ ] small claim
[ ] family court
[ ] county criminal
[ ] county civil
home foreclosure
[] other (please specify) HECM
____________________
Type of proceeding, if known (please check one of the following six options):
[ ] arraignment
[ ] bond hearing
[ ] hearing
[ ] trial
[ ] appellate oral argument
Case management conference

[] other (please specify) __________________________________________________
6. Accommodations requested
TBI traumatic brain injury, see
Nature of disability that necessitates accommodation: ___________________________
Amended Disability Motion, US 11th Circuit, 12-11213-C, Neil J Gillespie copy available
________________________________________________________________________
Accommodation requested (please check one of the following six options):

[ ] Assistive listening device (Assistive listening systems work by increasing the
loudness of sounds, minimizing background noise, reducing the effect of distance,
and overriding poor acoustics. The listener uses a receiver with headphones or a
neckloop to hear the speaker.)
[ ] Communication access real-time translation/real-time transcription services
(CART is a word-for-word speech-to-text interpreting service for people who need
communication access. A rendering of everything said in the courtroom will appear
on a computer screen. CART is not an official transcript of a court proceeding.)
[ ] Sign Language Interpreter (Please specify American Sign Language, oral
interpreter, signed English, or other type of signing system used by persons with
hearing loss.):_______________________________________________________
___________________________________________________________________
[ ] Assignment to a courtroom that is accessible to a person using a mobility device
(Please specify wheelchair, scooter, walker, or other mobility device that is used.):_
___________________________________________________________________
[ ] Provision of court documents in an alternative format (Please specify Braille,
large print, accessible electronic document, or other accessible format used by
persons who are blind or have low vision.): _________________________________
Page 5
Counsel Appointment w/o conflict, see

[ ] Other accommodation (please specify): _____________________________________
"The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon,"
________________________________________________________________________
Seattle Journal for Social Justice: Vol. 2: Iss. 2, Article 30, copy on request.
________________________________________________________________________
The ADA Amendments Act of 2008 (Public Law 110-325, ADAAA), also see
________________________________________________________________________
________________________________________________________________________
7. Use the Submit Button (immediately following) to send us your request:

Submit
THE FOLLOWING SECTION IS TO BE COMPLETED BY COURT PERSONNEL ONLY

8. Date request was received: ______/______/______
9. Additional oral or written information requested?
[ ] Yes
[ ] No
If so, describe information: ____________________________________________________

___________________________________________________________________________
10. Describe the accommodation(s) granted by the court: ______________________________
__________________________________________________________________________
11. Indicate the duration the accommodation will be provided: __________________________
___________________________________________________________________________
12. If an accommodation is denied, indicate reason(s) for denial:3
[ ] Based on the information provided, it appears the person does not have a disability as
defined by the ADA
[ ] Requested accommodation does not directly correlate to functional limitations
[ ] Request relates to a service, program, or activity outside the court system
(transportation, legal representation, mental health counseling, parenting course, etc.)
If the request is denied, granted only in part, or if an alternative accommodation is granted,

Rule of Judicial Administration 2.540 requires the court to respond in writing to the individual
with a disability. Transmittal of a copy of this section of the accommodation request form by
email or by U.S. Mail delivery is one means of providing the written response required by rule
2.540. If an accommodation is denied due to a finding of undue burden or fundamental
alteration, the Americans with Disabilities Act requires that such determination be made in
writing by the chief judge or chief judges designee.
Page 6
[ ] Request is for an aid/service the courts cannot administratively grant as an

accommodation pursuant to Title II of the ADA (official transcript, extension of time, etc.)
[ ] Requested accommodation would result in an undue burden
[ ] Requested accommodation would result in a fundamental alteration
[ ] Other (please specify): _____________________________________________________
13. Remarks: __________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
14. Court staff responding to request: ______________________________________________
15. Date person notified of determination: ______/______/______
Page 7
Page 1 of 1
Neil Gillespie
From:
"Sullivan, John" <jsullivan@circuit5.org>
To:
Sent:
Wednesday, December 10, 2014 11:54 AM
ATT00165.txt
Attach:
Subject: Read: Public records; request for ADA/disability Accommodation
Your message
To: Sullivan, John
Subject: Fw: Public records; request for ADA/disability Accommodation
Sent: Wednesday, December 10, 2014 11:42:40 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Wednesday, December 10, 2014 11:54:21 AM (UTC-05:00) Eastern Time (US & Canada).
3
2/9/2015
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"John Sullivan" <jsullivan@circuit5.org>
Wednesday, December 10, 2014 12:49 PM
1993, 08-23-93, SSA to NJG-disabled..pdf; Brain injury leads to suspension for Maine lawyer; 'I
couldn't stick to tasks,' he says.pdf; Pages from disability motion, US 11th Circuit 12-11213-C and ER
report.pdf; The ADA_ One Avenue to Appointed Counsel Before a Full Civil Gide.pdf
Thank you for acknowledging receipt of my ADA request. I appreciate your professionalism.
Dear Mr. Sullivan,

Thank you for acknowledging receipt of my ADA request. I appreciate your professionalism.
As a courtesy, please find attached the following:
The ADA_ One Avenue to Appointed Counsel Before a Full Civil Gideon (law review)
Brain injury leads to suspension for Maine lawyer; 'I couldn't stick to tasks,' he says (American Bar
Association, composite)
Notification from Social Security of full disability, 1993, 08-23-93, SSA to NJG-disabled.
Pages from disability motion, US 11th Circuit 12-11213-C and ER report
My full disability motion (251 pages) US 11th Circuit 12-11213-C is posted on Scribd,
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
My Scribd Disability "Collection" of documents is found here,
https://www.scribd.com/collections/3851318/Disability-and-the-Law
If you require anything else, please contact me. Thanks again.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
(352) 854-7807
4
2/9/2015
Seattle Journal for Social Justice

Volume 2 | Issue 2
Article 30
5-1-2004
The ADA: One Avenue to Appointed Counsel

Before a Full Civil Gideon
Lisa Brodoff
Susan McClellan
Elizabeth Anderson
Follow this and additional works at: http://digitalcommons.law.seattleu.edu/sjsj

Recommended Citation
Brodoff, Lisa; McClellan, Susan; and Anderson, Elizabeth (2004) "The ADA: One Avenue to Appointed Counsel Before a Full Civil
Gideon," Seattle Journal for Social Justice: Vol. 2: Iss. 2, Article 30.
Available at: http://digitalcommons.law.seattleu.edu/sjsj/vol2/iss2/30
This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons.
It has been accepted for inclusion in Seattle Journal for Social Justice by an authorized administrator of Seattle University School of Law Digital
Commons.
609
The ADA: One Avenue to Appointed Counsel

Before a Full Civil Gideon
Lisa Brodoff, Susan McClellan & Elizabeth Anderson1
The United States is witnessing a growing advocacy for universal civil
Gideon,2 the constitutional right to free legal counsel for low-income
people involved in civil litigation.3 The right to counsel has long been
recognized in the criminal context in this country.4 In the civil arena,
however, those who cannot afford to hire attorneys are left to fight to
protect their rights on their own, sometimes against legally represented
federal, state, and local governments attempting to take away their homes,
assets, income, children, or health care.5
This fight for a broad-based right to counsel in the civil arena will likely
be long and hard, with success far from guaranteed. In recent decisions on
both coasts, courts have avoided reaching the civil Gideon issue. For
example, the Maryland Court of Appeals, the states highest court, when
given the opportunity to decide whether its state constitution supports
providing attorneys to indigent civil litigants, instead ruled on the
underlying claim.6 In Washington State, a brain-injured litigant directly
raised the issue of a civil right to counsel when the government sues
individuals, but the Court of Appeals found the case moot because the lowincome defendant died while the case was on appeal.7 These cases indicate
that the courts, at least in the short term, may be reluctant even to reach the
merits of the civil Gideon issue, let alone find a sweeping right to free
representation.
In the meantime, low-income clients, unable to afford representation or
to find free legal assistance that they desperately need to protect their rights,
are going to state and federal courts and administrative hearings on their
own. These clients are being evicted, having their homes foreclosed, and
610 SEATTLE JOURNAL FOR SOCIAL JUSTICE
losing health care and public assistance. Until the larger battle for free civil
representation is fought and won, the legal community must seek other
remedies for low-income clients that, although not sweeping in nature, may
provide relief for at least the most vulnerable and those least able to
represent themselves.
Who are the litigants least able to represent themselves in court, who
would be denied access to our system of justice unless provided with an
attorney to advocate for them? Are there litigants who, once inside the
courtroom, simply cannot understand what is happening or cannot
meaningfully participate in the proceedings, not because they lack
education or experience, but because mental or physical disabilities impair
their understanding? Any attorney who has represented disabled clients in
court, or any judge who has seen litigants with these disabilities attempt to
put on a case or defense, knows that the answer to this question is
frequently a resounding yes.
Certain mental disabilities prevent a person from comprehending what is
happening in the courtroom or mustering a case. Some examples come
readily to mind: mental retardation, dementia, schizophrenia, and severe
depression.8 Similarly, certain physical disabilities sap energy or vitality to
the extent that a person is unable to participate meaningfully in court.
Some individuals with brain injuries, terminal illnesses, Parkinsons
disease, multiple sclerosis, AIDS,9 apraxia,10 and end-stage alcoholism11
may qualify. Simply put, clients with these disabling conditions may be
denied access to our justice system without legal representation.
Most people easily understand why clients with physical disabilities,
such as blindness or hearing loss, need accommodations to get in the
courthouse door and to participate meaningfully in the justice system. For
instance, some deaf individuals are denied access to justice through denial
of a sign-language interpreter in the courtroom.12 Only an interpreter can
translate the conversation in the proceeding and allow the hearing-impaired
person to have her voice heard. Similarly, a person with impaired vision
ACCESS TO JUSTICEA CALL FOR CIVIL GIDEON
One Avenue to Appointed Counsel Before a Full Civil Gideon 611
may be unable to read critical court documents and exhibits without

accommodations such as Brailled materials, large-printed court documents,
or human readers.13 Without these accommodations, including human
accommodations like readers and interpreters, civil litigants with these
disabling conditions would lose their day in court because they would not
be able to communicate with the court or to understand fully the case and
its consequences.
The Americans with Disabilities Act (ADA)14 is the central law
recognizing this reality for those with such disabilities.15 Complementing
the ADA and its predecessor, the federal Rehabilitation Act,16 some state
anti-discrimination statutes17 provide enhanced protections for individuals
with disabilities in the court system.18 These state and federal laws require
that sign-language interpreters, readers, large print documents, widened
doorways, and wheelchair ramps be provided to people with disabilities
whose access to the system would otherwise be blocked.
In this article, we argue that people whose disabilities prevent them from
understanding the proceedings or vigorously participating in their cases
need accommodations to access the court system, just as do those with
disabilities that require ramps, interpreters, and readers. We argue that the
only reasonable accommodation under Title II of the ADA, under the
Rehabilitation Act, and under state anti-discrimination statutes for litigants
with these disabling conditions is an attorney. Only an attorney can provide
the knowledge, energy, strategy, translation, and understanding to mount a
case or provide a defense for those whose disabilities block their ability to
do so pro se.
Using the ADA to argue for free legal representation as a courthouse
accommodation for certain disabled individuals is both more restrictive and
yet broader than arguing for a full civil Gideon. By definition, ADA
accommodations are available only to persons with perceived or actual
disabilities that affect their ability to participate in the judicial system.
Arguments for a civil Gideon right to counsel for civil litigants does not
VOLUME 2 ISSUE 2 2004
restrict that right only to disabled individuals. Rather, a full civil Gideon
would provide counsel to all litigants who are unable to afford their own
attorney, regardless of disability. On the other hand, the ADA affords a
broader remedy because its provisions are not needs based; that is, ADA
accommodations are available to rich and poor alike, and are not restricted
by a litigants ability to pay for an attorney accommodation.19 No financial
application is required to receive an ADA accommodation.
The likely reality, however, is that those disabled individuals who need
legal representation to defend or to pursue a claim, and who have the
financial means to hire private counsel of their own choice will do so, even
if, theoretically, they may be provided an attorney as a reasonable
accommodation by the courts free of charge. Finally, individuals with
disabilities are by and large more likely to be poorer than the population as
a whole.20 Thus, the impact of providing legal representation as an
accommodation will most likely benefit those who are financially most in
need.21 As a result, we argue that all civil litigants with disabilities that
prevent them from understanding or participating in the legal system should
receive appointed counsel.
The first section of this article discusses the basic arguments and
procedures for proving a disability under the ADA and seeking legal
representation as a reasonable accommodation for clients in courts. The
second section addresses representation for clients in administrative
hearings. In administrative hearings, clients with disabilities are most often
left to fight alone for rights to food (such as Food Stamps), income (such as
Temporary Assistance for Needy Families, General Assistance,
Supplemental Security Income, and Social Security), and health care (such
as Medicare and Medicaid). The third section discusses additional policy
arguments supporting the case for legal representation under antidiscrimination laws. The final section suggests ways to present these
arguments to courts so that eligible litigants can access free legal
representation in appropriate cases.
I. COURTS VIOLATE THE ADA BY DENYING APPOINTED COUNSEL AS

A REASONABLE ACCOMMODATION FOR CERTAIN DISABLED CIVIL
LITIGANTS.
More than 49.7 million Americans, roughly one in five of the 257.2
million people in the United States age five or older, have mental or
physical disabilities or other long-lasting impairments.22 Before the
enactment of the ADA, Congress recognized that current laws were
inadequate to combat the pervasive problems of discrimination that
people with disabilities are facing.23 As a result of this discrimination,
Congress enacted the ADA in 1990, seeking to provide a clear and
comprehensive national mandate for the elimination of discrimination
against individuals with disabilities.24
Title I of the ADA addresses discrimination in employment and applies
to persons engaged in an industry affecting commerce who have at least
fifteen employees (the United States and bona fide private membership
clubs other than labor unions are exempt).25
Title II addresses
discrimination in public services and applies to state and local governments,
their departments, agencies, and other instrumentalities.26 In fact, Title II
covers all public agencies, regardless of whether they receive federal
financial assistance.27 Title III of the ADA addresses discrimination in
places of public accommodation and services operated by private entities.28
Businesses governed by Title III include banks, restaurants, supermarkets,
hotels, shopping centers, privately owned sports arenas, movie theaters,
private day-care centers, schools and colleges, accounting or insurance
offices, lawyers and doctors offices, museums, and health clubs.29 Title
IV of the ADA addresses telecommunications, including closed captioning
and relay services for people with hearing impairments.30
Denying appointed counsel for certain disabled civil litigants violates
Title II, the Public Services section, of the ADA.31 Title II prohibits
discrimination against disabled individuals in public services.32
Specifically, Title II provides that, no qualified individual with a disability
shall, by reason of such disability, be excluded from participation in or be

denied the benefits of the services, programs, or activities of a public
entity,33 or be subjected to discrimination by any such entity.34 State
courts, as public entities, must comply with Title II of the ADA35 by
ensuring that all of their services, programs, and activities are available to
qualified individuals with disabilities. Federal courts must meet the same
standard under Section 504 of the Rehabilitation Act.36 In fact, Title II of
the ADA was expressly modeled after37 sec. 504 of the Rehabilitation Act
of 197338 and extends those principles to state and local governments.39
Failing to make state court facilities available to disabled individuals
violates the ADA, while failing to make federal court facilities available
violates the Rehabilitation Act.40
The critical importance of the ADA in providing individuals with
disabilities access to the justice system is clearly illustrated by the facts and
legal arguments in Tennessee v. Lane,41 which is currently awaiting a
decision by the U.S. Supreme Court. The State of Tennessee charged
George Lane, a paraplegic who requires a wheelchair to ambulate, with two
criminal misdemeanors and summoned him to court to appear and answer
the charges.
When George Lane showed up at the Polk County Courthouse
with a crushed hip and pelvis, he had a problem. His hearing was
on the second floor, there was no elevator, and the judge said he
had better get upstairs. Mr. Lane, both of whose legs were in
casts, somehow managed to get out of his wheelchair and crawl up
two flights of stairs. On a pain scale of 1 to 10, it was way past
10, he says.
While Mr. Lane crawled up, he says, the judge and other
courthouse employees stood at the top of the stairs and laughed at
me. His case was not heard in the morning session, he says, and
at the lunch break he crawled back down. That afternoon, when he
refused to crawl upstairs again, he was arrested for failing to
appear, and put in jail.42
Mr. Lane and another plaintiff, a wheel-chair bound court reporter who
could not work in many Tennessee courtrooms because they were
inaccessible, sued the state on behalf of a class of physically disabled
persons. They argued for injunctive relief and damages under Title II of the
ADA. The State argued that Eleventh Amendment immunity applies,
thereby protecting the State from private suits for money damages. The
Sixth Circuit held that the Eleventh Amendment immunity of the states to
private damages suits did not apply to claims under Title II of the ADA,
when the claim involved the Due Process Clause.
Parties in civil litigation have an analogous due process right to be
present in the courtroom and to meaningfully participate in the
process unless their exclusion furthers important governmental
interests. . . . These guarantees are protective of equal justice and
fair treatment before the courts. The evidence before Congress
when it enacted Title II of the Americans with Disabilities Act
established that physical barriers in government buildings,
including courthouses and in the courtrooms themselves, have had
the effect of denying disabled people the opportunity to access
vital services and to exercise fundamental rights guaranteed by the
Due Process Clause.43
In this article, we argue that the denial of equal justice and fair treatment
before the courts applies with equal vigor when a persons mental or
physical disabilities prevent him not from mounting the stairs to the
courtroom, but from mounting the case itself. Here, the appropriate and
reasonable accommodation is attorney representation rather than elevator
access to the court proceedings.
The failure to make court facilities available to disabled individuals also
violates the Washington Law Against Discrimination (WLAD).44
Generally, WLAD bans discrimination on the basis of any sensory, mental,
or physical disability.45 Further, the WLAD makes the right to be free
from discrimination a civil right46 and protects the right to the full
enjoyment of any of the accommodations, advantages, facilities, or
privileges of any place of public resort, accommodation, assemblage, or

amusement.47 The ADA provides guidance for interpreting a public
entitys obligations under WLAD.48
To prove that a public program or service violates the ADA, a litigant
need only show that (1) she is a qualified individual with a disability; (2)
she was either excluded from participation in or denied the benefits of a
public entitys services, programs, or activities, or was otherwise
discriminated against by the public entity; and (3) such exclusion, denial
of benefits, or discrimination was by reason of his [or her] disability.49
After a litigant establishes discrimination by a public entity under Title II,
the court must determine the appropriate remedy.50
The ADA provides three ways to prove that a litigant is a qualified
individual with a disability. A person with a disability is defined as
someone who has (A) a physical or mental impairment that substantially
limits one or more of the major life activities of such individual; (B) a
record of such an impairment; or (C) being regarded as having such an
impairment.51
Once a litigant proves a disability, she must prove that the disability
excluded her from participating in or denied her the benefits of the courts
services, programs, or activities. The regulations require that these services,
when viewed in [their] entirety, be readily accessible to and usable by
individuals with disabilities.52 Exceptions exist only when compliance
results in undue financial or administrative burdens or results in a
fundamental alteration in the program.53 The public entity must also
provide notice to individuals with disabilities of the protections against
discrimination assured them and disseminate sufficient information to
those individuals to inform them of the rights and protections afforded by
the ADA.54 Altogether, the program access requirement of Title II should
enable individuals with disabilities to participate in and benefit from the
services, programs, or activities of public entities in all but the most unusual
cases.55 Trial courts, as services within the meaning of Title II,56 must
provide these protections.
The third step in establishing disability discrimination under Title II
requires showing that such exclusion or denial of a service or benefit was
by reason of an individuals disability.57 Courts fail to make their services
accessible to litigants who are not able to use the system effectively because
of mental or physical impairments. Meaningful access does not exist when
a litigants inability to understand or to participate in proceedings because
of a disability surpasses the mere confusion many lay persons experience
when participating in the legal system. As the Honorable Robert W. Sweet,
in proposing full civil Gideon, has noted:
As every trial judge knows, the task of determining the correct
legal outcome is rendered almost impossible without effective
counsel. Courts have neither the time nor the capacity to be both
litigants and impartial judges on any issue of genuine complexity.
As recognized by the Lassiter dissent, By intimidation,
inarticulateness or confusion, a [litigant] can lose forever the right
she sought to protect.58
When confusion stems from a disability, Judge Sweets admonition
carries even more force. A disabled litigant may be physically present in
the courtroom but have little understanding of the law and proceedings and
little ability to advocate for her rights. A factual showing that a litigant
does not understand proceedings and cannot meaningfully participate
because of a disability compels the court to consider providing reasonable
accommodations.59 A public entity, including a court, must reasonably
accommodate a qualified individual with a disability.60 Mere equality of
treatment is insufficient.61
Upon receiving a request for an accommodation, a public entitys duty is
well settled by state and federal case law and by the applicable
regulations.62 First, the public entity must undertake a fact-specific
investigation to determine what constitutes a reasonable accommodation
and must provide the criteria by which to determine whether the evaluation
is adequate.63 The ADA and the Rehabilitation Act attempt to provide
whatever services or actions are necessary to ensure that disabled persons
are not discriminated against as a result of their disabilities. One court
noted, mere speculation that a suggested accommodation is not feasible
falls short of the reasonable accommodation requirement; the Acts create a
duty to gather sufficient information from the disabled individual and
qualified experts as needed to determine what accommodations [are]
necessary.64
Necessary accommodations include effective courtroom communications: a public entity shall take appropriate steps to ensure that
communications with applicants, participants, and members of the public
with disabilities are as effective as communications with others.65
Appointment of counsel, which would allow the individual with a disability
to communicate with the court, could qualify as a reasonable
accommodation because it is similar to the following sample aids and
services provided in the regulations:
1.
Qualified interpreters, note takers, transcription services,

written materials, telephone handset amplifiers, assistive
listening devices, assistive listening systems, telephones
compatible with hearing aids, closed caption decoders,
open and closed captioning, telecommunications devices
for deaf persons (TDDs), videotext displays, or other
effective methods of making aurally delivered materials
available to individuals with hearing impairments [for
example, talking calculators and real time transcription];
2.
Qualified readers, taped texts, audio recordings, Brailled

materials, large print materials, or other effective methods
of making visually delivered materials available to
individuals with visual impairments;
3.
Acquisition or modification of equipment or devices; and

other similar services or actions.66
This extensive list and the final, separate category for other similar
services or actions suggest a broadly-based evaluation of appropriate
auxiliary aids and services. These services include the assistance of trained
individuals, such as sign-language interpreters for the deaf and readers for
the blind. Appointed counsel for some litigants with certain disabilities
would serve the same interpretive function and would allow the litigants to
participate in the proceedings.
Appointed counsel would not be necessary for all litigants who suffer
from certain disabilities. The degree of impairment matters, as does the
specific setting and alternative accommodations available. For this reason,
the ADA does not prescribe the appropriate accommodation for each
disability because an appropriate accommodation for one person might be
inappropriate for another. For example, while one visually-impaired person
might need a reader, another might need materials in Braille.67 The public
entity, however, must consider available options and furnish appropriate
auxiliary aids and services where necessary.68 In determining the
appropriate aid or service, the public entity shall give primary
consideration to the requests of the individual with disabilities.69
Accordingly, a court cannot offer a blanket accommodation for all
individuals with a specific disability; it must consider the particular
individuals need when determining which accommodations are
reasonable.70
For some litigants with disabilitiesthose who cannot understand or
participate in the legal proceedingsinterpreters are the only appropriate
accommodation.
Other options would not ensure that a courts
communications with such individuals are as effective as communications
with others,71 as required by law.72 For example, although one
commentator has suggested that the best current option for providing legal
assistance for the poor lies in improving pro se assistance projects,73 that
proposal would provide no benefit to litigants whose disabilities impair
their ability to understand or to partake in the legal process. Similarly,
simplifying the legal process by redrafting forms and restructuring

procedures would not help litigants with such disabilities, even though
simplification might help some indigent civil litigants.74 Even if individuals
with such disabilities could understand simplified forms, they are unlikely
to understand the underlying legal issues. Furthermore, if individuals
disabilities weaken them to the extent they cannot participate in the process,
a simplified procedure would still preclude meaningful access to the courts.
Arguments that the cost of appointed counsel renders the accommodation
unreasonable lack merit. Providing an attorney for litigants with these
disabilities is not only appropriate but also reasonable in terms of cost,75
and would neither create an undue burden for the courts nor
fundamentally alter the nature of the court system.76 Title II ensures that
the refusal to accommodate an individual with a disability is genuinely
based on unreasonable cost or actual inability to accommodate, not on
inconvenience or unfounded concerns about costs.77 In addressing the cost
issue in the employment context under Title I of the Rehabilitation Act,78
courts have focused on the big picture, namely the overall costs to society
stemming from lack of funding, rather than simply the dollars required to
pay for legal services.79 For example, in Nelson v. Thornburgh, the Third
Circuit concluded that a large state agency was required to accommodate a
group of entry-level welfare agency workers with visual impairments by
providing readers for one-half of the working day and emergency access to
a reader the remainder of the day.80 The court reasoned that when one
considers the social costs which would flow from the exclusion of persons
such as the plaintiffs from the pursuit of their profession, the modest cost of
accommodationa cost which seems likely to diminish, as technology
advances and proliferatesseems, by comparison, quite small.81 While
providing specialists to assist disabled litigants might be an undue hardship
for some small agencies or businesses, providing them for large businesses
or agencies is reasonable.82
Other considerations also indicate that providing attorneys for litigants

with certain disabling conditions would not bankrupt the system. First, the
number of litigants with such disabilities is relatively small compared to the
pool of indigent civil litigants. Commentators argue that costs, even for full
civil Gideon, are not unduly burdensome and that, in fact, some resources
will be conserved.83 For example, Justice Earl Johnson notes that other
countries have provided free counsel as a matter of right in civil cases, as
have several pre-paid legal insurance programs in this country.84 Bidran
and Ben-Cohen argue that providing counsel for indigent civil defendants
would save society money in the long run85 by reducing litigation and
eliminating the delays prevalent in pro se representation.86 This prediction
is consistent with a study finding that funding legal services programs saves
significant state funds.87 Finally, additional societal benefits, perhaps worth
more than the cost, could accrue, with the primary benefit being restored
confidence in the justice system.88
II. REPRESENTATION FOR APPELLANTS IN ADMINISTRATIVE

HEARINGS
The arguments under the ADA and Rehabilitation Act for legal
representation as a reasonable accommodation apply, in almost the same
manner, to the administrative hearing context. People with disabilities are
regularly appellants in administrative hearings, appealing a state or federal
agencys denial, reduction, or termination of critical public assistance
benefits involving access to food, shelter, income, and health care. Appeals
of benefits like Unemployment Compensation, Workers Compensation,
Food Stamps, Social Security, Supplemental Security Income (SSI),
General Assistance, Temporary Assistance for Needy Families (TANF),
Medicaid, and Medicare often involve disabled individuals because
disability is frequently a prerequisite to eligibility for these benefits.89 The
law in these areas can be complex, involving federal and state statutes and
regulations and cases interpreting them. In addition, these hearings can be
factually complicated, requiring appellants to put on evidence of their

disabilities, work records, medical records, and finances. In most instances,
appellants with disabilities appear pro se at their administrative hearings to
fight for these significant benefits.90
Appellants navigating the hearings process whose disabilities prevent
them from understanding the proceedings or putting on a case would greatly
benefit from the ADA and Rehabilitation Act arguments. State agencies
that hold administrative hearings are, by definition, public entities under
the ADA, as are federal agencies under the Rehabilitation Act.91 Like state
and federal courts, executive branch agencies are required by law to include
qualified individuals with disabilities in the provision of all services.92
Courts have applied the Acts to the accessibility of public meetings,93
community mental health board of trustee meetings,94 and access to the
child welfare system.95 Surely, if accommodations are required in these
settings, they are also required in all administrative hearings.96
In fact, the Washington State Office of Administrative Hearings
(OAH)the state agency responsible for conducting hearings for the state
Department of Social and Health Services (DSHS),97 the Employment
Security Department, and the Office of Superintendent of Public Instruction
(for special education benefits hearings), among forty otherstells public
assistance appellants in the Hearing Rights pamphlet it sends with every
Notice of Hearing that it is subject to the ADA and Rehabilitation Act and
will provide reasonable accommodations for disabled litigants to access the
hearing system.98
In the administrative hearings situation, reasonable accommodation
might require attorneys for the hearings of some agencies, but not others.
Unlike the state and federal courts, the administrative hearing setting does
not always require that a legal representative be a licensed attorney.99 For
example, in Washington State, OAH hearings on behalf of DSHS and
Employment Security allow representatives who are not licensed attorneys
to represent appellants.100 For those hearings, arguably, a trained lay
representative, law student, or paralegal, rather than a lawyer, would be a

reasonable accommodation. In those state101 and federal102 hearings where
only lawyers can act as representatives, however, the only allowable
accommodation is to provide attorney representation.
Legal representation seems critical for public benefits hearings in
particular because they involve access to critical brutal needs103
assistance for low-income and disabled litigants, and the law is particularly
complex and difficult to parse. Moreover, because low-income people who
rely on public benefits to meet basic needs lack the resources to hire
lawyers to take their appeals to the court system, the administrative hearing
process is likely the only justice system available to them. Without legal
representation at the hearing, appellants with disabilities that prevent them
from making cogent legal arguments will likely lose.104 Using the ADA to
get representation for these clients as a reasonable accommodation could be
the difference between hunger and adequate nutrition, illness and health
care, or homelessness and shelter.
III. POLICY ARGUMENTS DEMONSTRATING THE REASONABLENESS

OF APPOINTED COUNSEL
Several policy concerns, both national and international, support

appointing counsel for certain individuals with disabilities who are involved
in judicial or administrative proceedings. Moreover, arguments supporting
counsel for indigent civil litigants apply with even greater vigor to the
plight of civil litigants with certain disabilities. These arguments are based
on the historical development of the right to appointed counsel in both
criminal and civil contexts in the United States; the disparity between the
protections afforded to civil litigants by all other major Western nations and
the utter lack of systemic protections for civil litigants in the United States;
and notions of fundamental fairness, both actual and perceived.105
Civil litigants who are disabled to such an extent that they cannot
comprehend or participate in court proceedings have a greater need for
counsel than other civil litigants, yet courts in the United States have been
reluctant to recognize this need. This reluctance follows a pattern of
incremental recognition of the right to counsel in both the criminal and civil
contexts. Even though the Sixth Amendment unequivocally guarantees the
right to counsel for criminal defendants, only those defendants charged with
capital offenses enjoyed the right prior to the 1930s.106 From the 1930s
through the 1960s, the Supreme Court expanded coverage, first by
recognizing the right to counsel for all federal defendants, then by
extending the right to defendants in state courts in specific situations.107
Appointment of counsel in civil matters, though lagging behind
appointment of counsel for criminal defendants, is not a new concept in the
United States. In 1948, Congress granted the federal courts statutory
authority to appoint counsel for indigent civil litigants.108 The Third Circuit
Court of Appeals interpreted 28 U.S.C. 1915 as affording district courts
broad discretion to determine whether appointment of counsel in a civil
case would be appropriate.109 The Third Circuit rejected several courts
interpretations that appointment of counsel in civil cases should be granted
only under exceptional circumstances.110 Yet even under the exceptional
circumstances analysis, courts have found that, in the balance of factors, the
standard was met to allow appointment of counsel. For example, the Fourth
Circuit found exceptional circumstances existed where the plaintiff lacked
education in legal matters, his incarceration status prevented contact with
witnesses, the testimony was conflicting, and the plaintiff lacked training in
cross-examination.111
In determining whether a district court should order appointment of
counsel, the Third Circuit articulated a number of factors to consider,
without reference to the stringent exceptional circumstances standard.112
The threshold consideration here is whether the plaintiffs claims have
arguable merit in fact and law.113 If the court determines a claim has
sufficient merit, then it must consider factors regarding the plaintiffs ability
to present her case, such as education, literacy, prior work experience, and
prior litigation experience.114

The court should also weigh the
complexities of the legal issues and the need for factual investigation.115
The appointment of counsel may be appropriate when the likelihood exists
that extensive discovery or expert testimony will be required, or that
credibility determinations will play a significant role in the trial.
The Third Circuits test, known as the Tabron test, has been adopted by
one court in a Title II ADA action.116 While the court ultimately held that
the plaintiff was not entitled to appointment of counsel, the court found her
claim sufficiently meritorious to warrant consideration of the additional
factors relevant to the appointment of counsel.117 In weighing the factors,
the court determined that the plaintiff had, at a minimum, a college
education; she presumably had access to public law libraries where she
could conduct any necessary research; expert testimony was unlikely to be
required; and the case did not present unusually complex legal issues.118
These factors weighed against the appointment of counsel in that case. The
door was left open, however, for the appointment of counsel in civil matters
with more compelling circumstances. Arguments for appointed counsel
may prevail, for example, when expert testimony is required, the case
presents unusually complex issues, and the plaintiff does not have a college
education and has a mental disability that prevents her from comprehending
complex matters in the courtroom. When some of these circumstances
exist, plaintiffs should request the assistance of counsel.
Title VII of the Civil Rights Act of 1964119 also permits courts to appoint
counsel for the plaintiff on request in an employment discrimination suit.120
In making the determination, courts consider three factors: the financial
resources of the plaintiff, efforts made to secure counsel, and the merit of
the plaintiffs claim.121 Commentators have noted a key conundrum
inherent in the test: the problem of determining the merits of a case before
the case has been presented, especially without counsel to assess and
present the merits.122 This problem is compounded when a litigant has a
disability that prevents or impairs understanding and participating in court
proceedings. This additional consideration might assist a plaintiff with such

a disability in obtaining counsel in employment discrimination cases.
This individualized, piecemeal approach to achieving the right to counsel
for civil litigants with certain disabilities will likely parallel the same slow,
incremental advancements that have marked the development of the right
for both criminal and civil litigants in this country. While the United States
struggles for incremental advancements, many developed countries provide
appointed counsel for indigent civil litigants,123 even if they are not
disabled. Courts in these countries ground their analyses in statutes, as in
England;124 in constitutions, as in Switzerland; or in a combination of the
two, as in Germany.125 Moreover, the European Convention of Human
Rights guarantees the right to counsel in civil cases, recognizing it as a
fundamental right.126
Although United States courts and citizens have generally rejected any
notion that our country is not the world leader in issues of justice,127 some
justices are willing to consider approaches and reasoning of other
nations.128 As Justice Earl Johnson noted, United States Supreme Court
Justices Ruth Bader Ginsburg, Sandra Day OConnor, and Anthony
Kennedy, while speaking at conferences, have all suggested that the Court
is willing to consider jurisprudence from other nations.129 In fact, as Justice
Johnson observed, Justice Kennedy, writing for a six-justice majority in
Lawrence v. Texas,130 relied heavily on foreign decisions.131
With so many countries recognizing that the right to counsel in civil
cases is fundamental, courts in the United States should follow their lead
and conclude, at the very least, that a disabled individual who cannot
understand or participate in court proceedings is entitled to an attorney.
While the average indigent civil litigant has some understanding of court
processes and proceedings, the person with certain disabilities does not. In
this respect, the United States cannot continue to lag so far behind the other
major Western nations of the world.132
Three additional notions of fairness, which commentators have noted for

all civil litigants,133 apply with equal or greater force in the present context.
First, in some contexts, civil litigants who may be more disadvantaged by
lack of counsel than criminal litigants.134 For example, the loss of custody
of a child or civil commitment as an incompetent, may, in the long run, be
far more agonizing than incarceration for a short period of time.135 Second,
where the state brings a suit against a disabled defendant to deprive access
to food, shelter, children, or health care, the civil preponderance-of-theevidence standard is much easier to prove than the beyond-a-reasonabledoubt standard for criminal cases.136 As a result, in a civil suit, the state
could more easily prevail and deprive a person of critical benefits. Finally,
citizens lose faith in our justice system when it seems to be unfair.137 Few
acts are more unfair than denying the appointment of counsel for a civil
litigant whose disability prevents her from understanding or participating
effectively in the proceedings.
IV. PRACTICAL CONSIDERATIONS IN OBTAINING ATTORNEY

REPRESENTATION FOR DISABLED CLIENTS
These ADA arguments may never be made for those most in need unless
an organized approach to evaluating a litigants need for an accommodation
and a referral system is in place to get representation for disabled clients.
Yet, finding the litigants that need an attorney accommodation may be
difficult because of the very nature of their disabilities. Litigants whose
disabilities cause them to be too confused or weak to forward their causes in
court may also be unable to ask the court, effectively, for legal
representation. Furthermore, because of their disabling conditions, these
litigants are also unlikely to be able to put forth the sophisticated legal
arguments required to make the case for an attorney accommodation. How,
then, will these cases be brought to the attention of legal services providers
who can then make these arguments on behalf of clients?
Advocates for the disabled should take a more proactive and organized
approach in identifying these clients and providing this accommodation by
meeting with court personnel, administrative agency management, and
judges to discuss these issues. Additionally, ADA coordinators in the
courts and in administrative agencies should be assigned the task of
evaluating the need for an attorney accommodation and creating an internal
appeal process for challenging an accommodation denial in the same way
other disability accommodations are evaluated and appealed.
Judges and administrative hearing officersthe people who may be in
the best position to initially identify whether a litigant needs an attorney
accommodationshould be trained to identify and refer litigants to
courthouse ADA coordinators for arranging representation. Courts and
administrative agencies must then develop contracts with legal services
providers to supply legal representation in these cases.
Before such a system is in place, non-profit legal services organizations
may have to create a caller-screening system to identify clients to represent
solely for the purpose of arguing for attorney accommodation in their legal
disputes. Such screening systems are already being developed to find
appropriate plaintiffs to bring litigation to establish a general civil
Gideon.138 To make the argument for an attorney accommodation for
disabled litigants who come to the attention of providers through a
screening process, legal services organizations, advocacy groups for the
elderly and disabled, or pro bono attorneys might have to make special
appearances in identified cases, appearing for the sole purpose of arguing
for an ADA accommodation.
Making a limited appearance, however, has inherent dangers. In a recent
Maryland case, the argument that a free lawyer must be provided to all lowincome civil litigants under the Maryland Constitution was raised.
Although the court did not reach the merits of the issue, it did comment that
Ms. Frase, as noted, is well represented by counsel in this appeal, and there
is no assurance that, should any further litigation be brought by or against
Ms. Frase, she would not be represented in that litigation.139 Further, the
court noted that it would not make the assumption that the five attorneys
and numerous pro bono organizations that specially appeared in the case to
argue for civil Gideon would then abandon her, should she need further
representation on the underlying merits of her case.140 Therefore, courts
may, as did the Maryland Court of Appeals, ignore the special appearance
and require that the attorney provide representation in the underlying case.
Advocacy groups and justice systems must address these issues regarding
client identification and referral so that those litigants who need
representation are served. No isolated group can address these issues
effectively. To solve these issues, courts, administrative agencies, nonprofit legal service organizations, bar associations, pro bono attorneys, and
advocacy groups for the disabled must work together to obtain meaningful
results.
V. CONCLUSION
With full civil Gideon still on the distant horizon, advocates should use
the ADA and the Rehabilitation Act to argue that appointed counsel is
necessary for civil litigants with certain disabilities. Both state and federal
courts are required to make their services equally accessible to those with
disabilities. Currently, neither courts nor administrative hearings are
accessible for those whose disabilities impair their capacity either to
understand or to partake in the proceedings. Although alternative aids or
services might be appropriate for some of these litigants, others will require
attorney representation.
Appointed counsel for these civil litigants is not only appropriate but also
reasonable. The number of these litigants is relatively small when
compared to the total number of indigent civil litigants in the country. The
costs seem even smaller compared with the almost certain loss of crucial
needs, such as food, housing, income benefits, and property if the litigant is
without attorney representation. Moreover, greater loss accrues from
citizens lost faith in the justice system. With all the major European
nations and the European Court of Human Rights granting free attorney
representation in civil cases, the United States must be able to protect its
most vulnerable civil litigants: those whose disabilities prevent them from
understanding or fully participating in judicial and administrative
proceedings.
Advocates and the justice system, working together, can remedy this
problem. By focusing on the true meaning of the ADAs requirement of
reasonable accommodation, the bench and bar can devise methods for
screening and evaluating clients, creating contracts in order to represent
them, and devising systems for administering and evaluating the program.
Only then will civil litigants with certain disabilities have real access to the
justice system.
Lisa Brodoff, Clinical Professor of Law, and Susan McClellan, Legal Writing
Professor, both teach at Seattle University School of Law; Elizabeth Anderson is a 2003
graduate of Seattle University School of Law. The authors wish to thank Sarabeth Zemel
for her editorial assistance and law librarian Stephanie Wilson for her extraordinary
research skills and support.
2
Civil Gideon is a term used to describe efforts to establish a right to counsel in civil
cases. The case that established this right in the criminal context was Gideon v.
Wainwright, 372 U.S. 335 (1963). Anthony Lewis popularized Mr. Gideons story in his
book Gideons Trumpet. ANTHONY LEWIS, GIDEONS TRUMPET (Vintage Books, 1989)
(1966).
3
See, e.g., Earl Johnson, Jr., Will Gideons Trumpet Sound a New Melody? The
Globalization of Constitutional Values and Its Implications for a Right to Equal Justice
in Civil Cases, 2 SEATTLE J. SOC. JUST. 201 (2003) [hereinafter New Melody?] (the
author has served as a Justice for the California Court of Appeal since 1982); Earl
Johnson, Jr., Equal Access to Justice: Comparing Access to Justice in the United States
and Other Industrial Democracies, 24 FORDHAM INTL L.J. 83 (2000); Robert W. Sweet,
Civil Gideon and Confidence in a Just Society, 17 YALE L. & POLY REV. 503 (1998);
Deborah Perluss, Washingtons Constitutional Right to Counsel in Civil Cases: Access to
Justice v. Fundamental Interest, 2 SEATTLE J. SOC. JUST. 571 (2004).
4
Gideon v. Wainwright, 372 U.S. 335, 34243 (1963) and its progeny (see, e.g.,
Argersinger v. Hamlin, 407 U.S. 25 (1972) (extending right to counsel to misdemeanor
cases); Escobedo v. Illinois, 378 U.S. 478, 49091 (1964) (extending right to counsel to
uncharged suspect); Douglas v. California, 372 U.S. 353, 35758 (1963) (extending right
to counsel to direct appeals)).
See MAURO CAPPELLETTI, ET AL., TOWARD EQUAL JUSTICE: A COMPARATIVE

STUDY OF LEGAL AID IN MODERN SOCIETIES 14066 (Vincenzo Varano ed., 1975); Earl
Johnson, Jr., The Right to Counsel in Civil Cases: An International Perspective, 19 LOY.
L.A. L. REV. 341 (1985); Francis William OBrien, Why Not Appointed Counsel in Civil
Cases? The Swiss Approach, 28 OHIO ST. L.J. 1, 5 (1967). Some state statutes and court
rules do provide appointed counsel for indigent litigants in certain circumstances, such as
juvenile dependency and termination of parental rights. See, e.g., WASH. REV. CODE
13.34.090 (2002).
6
Frase v. Barnhart, 840 A.2d 114 (Md. Dec. 11, 2003). In a four-three decision, the
majority declared it inappropriate to rule on the litigants claim of a right to counsel,
citing the litigations commencement, among other reasons; however, the three
concurring judges not only would have addressed the civil Gideon issue but also would
have found that a constitutional right to counsel exists. Id. at 115, 138.
7
City of Moses Lake v. Smith, No. 21783-3-III, slip op. (Wash. Ct. App. May 21,
2003) (dismissed as moot by Order Denying Motion to Modify Commissioners Ruling).
8
Depression and other mental disorders are considered disabilities under the ADA.
Olson v. Gen. Elec. Astrospace, 966 F. Supp. 312, 316 (D.N.J. 1997). See, e.g., Pritchard
v. Southern County Servs., 92 F.3d 1130, 1132 (11th Cir.1996), amended on rehg, 102
F.3d 1118 (11th Cir.1996); Shea v. Tisch, 870 F.2d 786, 789 (1st Cir.1989); Doe v.
Region 13 Mental Health-Mental Retardation Commn, 704 F.2d 1402, 1408 (5th
Cir.1983).
9
See Henrietta D. v. Giuliani, 119 F. Supp. 2d 181, 206 (E.D.N.Y. 2000) (finding city
program failed to provide meaningful access to public assistance programs, benefits, and
services to individuals suffering from AIDS).
10
See, e.g., Arneson v. Sullivan, 946 F.2d 90, 9293 (8th Cir. 1991) (holding that the
Social Security Administration must reinstate a former employee who suffers from
apraxia, provide him with computer training at least equal to that received by other
employees with disabilities, make reasonable efforts to provide a distraction-free
environment, and provide him with a reader to ensure he receives assistance at a level
given to other employees with disabilities). Apraxia is a neurological disorder that
results in difficulty in bringing ideas together, difficulties in writing, distractibility,
[and] motor awkwardness. Id. at 91 (quoting Arneson v. Heckler, 879 F.2d 393, 399
(8th Cir. 1989)).
11
Office of Senate Sergeant at Arms v. Office of Senate Fair Employment Practices, 95
F.3d 1102, 110506 (Fed. Cir. 1996). See also 29 C.F.R. App. 1630.16(b) (2003).
12
Soto v. City of Newark, 72 F. Supp. 2d 489, 49495 (D.N.J. 1999) (holding that the
court violated Title II of the ADA when deaf litigants were denied a sign-language
interpreter at municipal court wedding). See also, e.g., Duvall v. County of Kitsap, 260
F.3d 1124, 1135 (9th Cir. 2001); Bravin v. Mount Sinai Med. Ctr., 58 F. Supp. 2d 269,
273 (S.D.N.Y. 1999) (holding that a hospital violated the ADA when it denied a deaf
father the use of a qualified interpreter during Lamaze classes, which he attended with his
wife); DeVinney v. Me. Med. Ctr., 1998 WL 271495, 1 (D. Me. 1998) (approving a
consent decree whereby Maine Medical Center would provide appropriate auxiliary aids
and services where such aids and services were necessary to ensure effective
communication with persons who were deaf).
13
ADA Title II Technical Assistance Manual II7.1000 (2003), at

http://www.usdoj.gov/crt/ada/taman2.html (last viewed Feb. 29, 2004). See also Engle
v. Gallas, No. CIV. A. 93-3324, 1994 WL 263347, *12 (E.D. Pa. June 10, 1994); Fink
v. N.Y. Dept of Pers., 53 F.3d 565, 56869 (2d Cir. 1995) (city personnel satisfied its
obligation to reasonably accommodate blind employees who took civil service promotion
exams when it provided them with taped versions of the exam, a tape player, a reader,
and extra time); Galloway v. Super. Ct., 816 F. Supp. 12, 18 (D.C. Cir. 1993) (court
system is a public entity under the ADA and must provide reasonable accommodations
for jurors visual limitations).
14
Americans with Disabilities Act of 1990, Pub. L. No. 101336 (codified as amended
at 42 U.S.C. 1210112213 (2000)).
15
The Court Interpreters Act also recognizes the right of the hearing impaired to have an
interpreter in proceedings instituted by the United States when the impairment inhibits
such partys comprehension of the proceedings or communication with counsel or the
presiding judicial officer. 28 U.S.C. 1827(d)(1)(B) (2000).
16
29 U.S.C. 701796l (2003).
17
The Washington Law Against Discrimination, WASH. REV. CODE 49.60.010.401
(2002). See also, e.g., WASH. REV. CODE 11.88.045(1)(a) (2002) (providing indigent
allegedly incapacitated individuals with the right to be represented by willing counsel
of their choosing at any stage in guardianship proceedings.).
18
Several states, including Washington, Alabama, Connecticut, Minnesota, New Jersey,
North Carolina, and North Dakota, have more expansive state anti-discrimination
statutes. See WASH. REV. CODE 49.60.010.401 (2002); ALA. CODE 12123
(2003); Unruh Civil Rights Act, CAL. CIVIL CODE 51 (West 2004); CAL. CIVIL CODE
54 (a) (West 2004); CONN. GEN. STAT. 46a64 (2003); Minnesota Human Rights
Act, MINN. STAT. 363A.01 (2003); New Jersey Law against Discrimination, N.J.
STAT. ANN. 10:54.1 (West 2003); North Carolina Persons with Disabilities
Protection Act, N.C. GEN. STAT. 168A7 (2003); N.D. CENT. CODE 1402.415
(2003).
19
28 C.F.R. 35.130(f) (2003). This regulation forbids a public entity from charging
disabled persons to cover the costs of measures . . . required to provide . . . the
nondiscriminatory treatment required by the . . . [ADA or implementing regulations].
20
Stephen Kaye, Is the Status of People with Disabilities Improving?, Disability
Statistics Center (May 1998), available at http://dsc.ucsf.edu/publication.php?pub_id=7.
21
In 1994, 30% of disabled working-age adults lived in poverty. Id.
22
Brief of Amici Curiae American Bar Association, Tennessee v. Lane, 315 F.3d 680
(6th Cir. 2003), (No. 02-1667), cert. granted in part, 123 S. Ct. 2622 (citing U.S. Census
Bureau, Disability Status: 2000, available at
http://www.census.gov/hhes/www/disable/disabstat2k/disabstat2ktxt.html (last visited
Feb. 22, 2004)).
23
Helen L. v. DiDario, 46 F.3d 325, 331 (3d Cir. 1995) (citing S. Rep. No. 116, 101st
Cong., 1st Sess. 18 (1989); H.R.Rep. No 485 (II), 101st Cong., 2d Sess. 47 (1990)).
24
42 U.S.C. 12101(b)(1) (2000).
25
Id. 1211112117.
26
Id. 1213112134.
27
Id. 12131.
Id. 1218112189.
29
Id. 12181.
30
47 U.S.C. 225 (2000).
31
42 U.S.C. 12132 (2000).
32
42 U.S.C. 12143 (2000).
33
The ADA defines public entities to include state and local governments and any
department, agency, special purpose district, or other instrumentality of a state or local
government. 42 U.S.C. 12131(1).
34
42 U.S.C. 12132 (2000).
35
See, e.g., Soto, 72 F. Supp. 2d at 49495 (holding that a wedding ceremony performed
in municipal court is a service within the meaning of the ADA). See also Saunders v.
Horn, 960 F. Supp. 893, 899 (E.D. Pa. 1997) (finding that management of court systems
is a state or local responsibility of great importance that is routinely understood to be
covered by the ADA); Galloway, 816 F. Supp. at 18 (holding that a court system is a
public entity under the ADA); People v. Caldwell, 603 N.Y.S.2d 713, 714 (N.Y. Crim.
Ct. 1993) (finding that the court system, as a government entity, is required pursuant to
the ADA to make all of its services, programs, and activities available to qualified
individuals with disabilities). The Department of Justice regulations state that the ADAs
coverage extends to all services . . . made available by public entities. 28 C.F.R.
35.102(a) (2003).
36
29 U.S.C. 701796l (2000).
37
See Duvall, 260 F.3d at 113536; McDonald v. Com. of Mass., 901 F.Supp. 471, 478
(D. Mass. 1995); Helen L. v. DiDario, 46 F.3d 325, 330 (3d Cir. 1995).
38
Sec. 504 provides, No otherwise qualified individual with a disability shall, solely
by reason of her or his disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance. 29 U.S.C. 794.
39
Sec. 504 of the Rehabilitation Act and the ADA impose identical requirements.
Lincoln Cercpac v. Health & Hosps. Corp., 147 F.3d 165, 167 (2d Cir. 1998).
40
The remainder of the article refers primarily to state courts and the ADA, but the
analysis applies equally in federal courts.
41
Lane, 315 F.3d 680.
42
Adam Cohen, Can Disabled People Be Forced to Crawl Up the Courthouse Steps?,
N.Y. TIMES, Jan. 11, 2004, 4 (Editorial Desk), at 14.
43
Lane, 315 F.3d at 682.
44
WASH. REV. CODE 49.60.010.401 (2002).
45
WASH. REV. CODE 49.60.030(1) (2002).
46
Id.
47
WASH. REV. CODE 49.60.030(1)(b) (2002).
48
See, e.g., Fell v. Spokane Transit Auth., 911 P.2d 1319, 1328 (Wash. 1996).
49
42 U.S.C. 12132 (2000). See also Duvall, 260 F.3d at 1135 (citing Weinreich v.
L.A. County Metro. Transp. Auth., 114 F.3d 976, 978 (9th Cir. 1997)).
50
See, e.g., Duvall, 260 F.3d at 1139; Soto, 72 F. Supp. 2d at 495.
51
42 U.S.C. 12102(2) (2000); see also Duvall, 260 F.3d at 1135.
28
52
28 C.F.R. 35.150(a) (2003).

28 C.F.R. 35.150(a)(3) (stating that the public entity has the burden of proving that
compliance would require a fundamental alteration or undue financial or
administrative burdens).
54
Nondiscrimination on the Basis of Disability in State and Local Government Services,
28 C.F.R. 35.106 (2003); 56 Fed. Reg. 35694 (1991).
55
Id.
56
Shotz v. Cates, 256 F.3d 1077, 1080 (11th Cir. 2001) (citing Layton v. Elder, 143 F.3d
469, 472 (8th Cir. 1998)).
57
42 U.S.C. 12132 (2000); Duvall, 260 F.3d at 1135.
58
Sweet, supra note 3, 505 (quoting Lassiter v. Dept. of Soc. Servs. of Durham County,
452 U.S. 18, 47 (1981)) (emphasis added).
59
42 U.S.C. 12132 (2000).
60
Henrietta D. v. Bloomberg, 331 F.3d 261, 277 (2d Cir. 2003) (holding that a litigant
with disabilities suing under the ADA or Rehabilitation Act may show that she has been
excluded from or denied the benefits of a public entitys services or programs by reason
of such disability, even if there are other contributory causes for the exclusion or denial,
as long as the plaintiff can show that the disability was a substantial cause of the
exclusion or denial).
61
Henrietta D., 119 F. Supp. 2d at 21213.
62
Duvall, 260 F.3d at 1139.
63
42 U.S.C. 12132 (2000).
64
Duvall, 260 F.3d at 113637 (citing Wong v. Regents of the U. of Cal., 192 F.3d 807,
818 (9th Cir. 1999)).
65
28 C.F.R. 35.160(a) (2003).
66
28 C.F.R. 35.104 (2003); see, e.g., Duvall, 260 F.3d at 1135.
67
1 Disability Discrimination in the Workplace 8:16 (citing the Technical Assistance
Manual on the Employment Provisions (Title I) of the ADA, EEOC 3.10(8)), available
at http://www.ada-infonet.org/documents/titleI/tech-assist-man.asp (last visited Feb. 29,
2004), Depending on the nature of the visual impairment and the job tasks, print
magnification equipment or a talking computer may be more effective for the individual
and less costly for an employer than providing another employee as a reader. On the
other hand, a reader who transcribes documents onto tapes may be a more effective
accommodation when a person must read lengthy documents. Technical Assistance
Manual at 3.10(8). Similarly, people with hearing impairments have different
communication needs and use different modes of communication. Some use signing in
American Sign Language but others use sign language that has different manual codes.
Some people rely on an oral interpreter who silently mouths words spoken by others to
make them easier to lip read. Many hearing-impaired people use their voices to
communicate, and some combine talking and signing. Id. at 3.10(9). An employer
might also be required to offer an attendant or helper as an accommodation for an
employee with a disability. See, e.g., Roberts v. Progressive Independents, Inc., 183 F.3d
1215, 122021 (10th Cir. 1999) (holding that a jury could find that an employers refusal
to pay for a personal attendant during an airline trip was not reasonable).
68
28 C.F.R. 35.160 (2003).
53
69
28 C.F.R. 35.160(b)(2) (2003).

Duvall, 260 F.3d at 1139.
71
28 C.F.R. 35.160(a) (2003).
72
The Court Interpreters Act, 28 U.S.C. 1827(d)(1)(B) (2000).
73
Deborah J. Cantrell, Justice for Interests of the Poor: The Problem of Navigating the
System Without Counsel, 70 FORDHAM L. REV. 1573, 1574, 1581 (2002); Deborah L.
Rhode, Access to Justice, 69 FORDHAM L. REV. 1785, 1816 (2001).
74
See Cantrell, supra note 73, at 157880 (arguing that simplification, though
admirable, is insufficient for addressing the needs of indigent civil litigants); Rhode,
supra note 73, at 1816.
75
The cost aspect matters, as a number of commentators have noted, because opponents
of civil Gideon argue the expense of such a program would bankrupt the government.
See, e.g., Rhode, supra note 73, at 178788; Earl Johnson, Jr., Toward Equal Justice:
Where the United States Stands Two Decades Later, 5 MD. J. CONTEMP. LEGAL ISSUES
199, 21021 (1994) [hereinafter Toward Equal Justice].
76
There is no reasonable argument that providing legal representation as an
accommodation within the court system would fundamentally alter the nature of that
public entity. Attorneys regularly represent litigants in the court setting, so having
representation for a disabled litigant would not be a change in the system.
77
Lane, 315 F.3d at 683.
78
See, e.g., Nelson v. Thornburgh, 567 F. Supp. 369, 381 (E.D. Pa. 1983), affd, 732
F.2d 14647 (3d Cir. 1984). Decisions based on the Rehabilitation Act provide guidance
because the ADA regulations borrowed the reasonable accommodation and undue
hardship definitions from the regulations promulgated by the EEOC under the
Rehabilitation Act.
79
Id. at 38182.
80
Id.
81
Id. at 382.
82
Id.
83
Simran Bindra & Pedram Ben-Cohen, Public Civil Defenders: A Right to Counsel for
Indigent Civil Defendants, 10 GEO. J. ON POVERTY L. & POLY 1, 19, 3135 (2003);
Johnson, Toward Equal Justice, supra note 75, at 219.
84
Johnson, Toward Equal Justice, supra note 75, at 219. See also Bindra & Ben-Cohen,
supra note 83, at 3233 (comparing the funding in other countries to the funding in the
United States).
85
Bindra & Ben-Cohen, supra note 83, at 33; see also Brief of Amici Curiae American
Bar Association, Lane, 315 F.3d 680.
86
Bindra & Ben-Cohen, supra note 83, at 33.
87
Id. (citing Helaine M. Barnett, An Innovative Approach to Permanent State Funding
of Civil Legal Services: One States Experience So Far, 17 YALE L. & POLY REV.
469, 472 (1998), citing Legal Services Project, Funding Civil Legal Services for the Poor
11 (1998)).
88
See Bindra & Ben-Cohen, supra note 83, at 32 (noting that forty-seven percent of
Americans feel that the legal system is biased against the poor and minorities, and nearly
ninety percent feel that the affluent and corporate have the upper hand).
70
89
See e.g., Unemployment Compensation, WASH. REV. CODE 50.06.010 (2003);

Workers Compensation, 5 U.S.C. 8102 (2000); Social Security, 42 U.S.C. 402
(2000); Supplemental Security Income (SSI), 42 U.S.C. 1381a (2000); General
Assistance, WASH. REV. CODE 74.04.005 (2003); Medicaid, 42 U.S.C. 1396 (2000);
Medicare, 42 U.S.C. 1395c (2000), 1395j.
90
See Washington State Supreme Court, The Washington State Civil Legal Needs Study,
Task Force on Civil Equal Justice Funding, at http://www.courts.wa.gov (Sept. 2003)
(finding that less than 12% of low-income clients with public benefits disputes receive
legal representation of any kind).
91
State agencies are public entities under the ADA. 42 U.S.C. 12131(1) (2000).
Federal agencies are public entities under the Rehabilitation Act. 29 U.S.C. 794(a)
(2000).
92
Id.; see 28 C.F.R. 35.102(a) and 104 (2003) (public entities subject to the ADA are
defined as including [a]ny department, agency . . . or other instrumentality of a State or
States.).
93
Kansas Hosp. Assn v. Whiteman, 835 F. Supp. 1556 (D. Kan. 1993) (holding that a
state Medicaid agencys notice of public hearing regarding an increase in the Medicaid
co-payment was not defective under the ADA for failure to communicate to disabled
persons about their opportunity to participate in the hearing. However, the court
observed that the state had made the hearing accessible to the disabled by providing a
sign-language interpreter at the public hearing, and that the hearing was held in a facility
accessible to the mobility impaired).
94
Dees v. Austin Travis County Mental Health & Mental Retardation, 860 F. Supp.
1186 (W.D. Texas 1994). (holding that the mental health centers board of trustees is a
public entity as defined by the ADA, and that it discriminated against mentally ill client
recipients of its services by holding board meetings at a time that made it impossible for
patients who suffered drowsiness from the effects of medication for mental illness to
attend).
95
Marisol A. by Forbes v. Giuliani, 929 F. Supp. 662 (S.D.N.Y. 1996) (holding that
plaintiffs alleged sufficient facts to support claims that state welfare officials violated the
ADA when they mishandled childrens cases by failing to take modest affirmative steps
to ensure that the children had meaningful access to the child welfare system).
96
In one analogous case involving whether or not a school district must accommodate a
disabled parents request to tape record a hearing-like meeting involving planning and
placement for her handicapped child, a Connecticut federal district court held that
participation [in the planning meeting by the parent] means something more than mere
presence; it means being afforded the opportunity to be an equal collaborator, whose
views are entitled to as much consideration and weight as those of other members of the
team, in the formulation and evaluation of their childs education. V.W. v. Favolise, 131
F.R.D. 654, 659 (1990).
97
DSHS provides necessary supplemental accommodations to disabled clients who
have a mental, neurological, physical or sensory impairment . . . that prevent [clients]
from getting program benefits in the same way that an unimpaired person would get
them. WASH. ADMIN. CODE 388-472-0010 (2003). See also WASH. ADMIN. CODE
388-472-0020 to 0050 (2003) for the parameters of the NSA program. These accommo-
dations should also be required for hearings involving DSHS administered public
benefits.
98
See OFFICE OF ADMIN. HEARINGS, Your Hearing Rights in a DSHS Case, OAH
pamphlet #100, DSHS pamphlet #22-092, at http://www.oah.wa.gov/shs_appeals_en.pdf
(last visited on Mar. 29, 2004). The pamphlet tells appellants to contact the OAH office
listed on their Notice of Hearing to arrange for accommodations in the hearing. Id. at 4.
99
For example, in SSI and Social Security administrative hearings, the only obligation
of the Social Security Administration is to inform the appellant of the right to have legal
representation at the hearing, but there is no right to have it provided free of charge and
no requirement that the appellant appear with only a licensed attorney. See Frank v.
Chater, 924 F.Supp. 416, 422, (E.D.N.Y. 1996) ([a]s an initial matter, it is necessary to
clarify what the cases in this and other Circuits casually refer to as the right to
representation in a benefits proceeding. This right does not rise to constitutional
dimensions.); see, e.g., Brandyburg v. Sullivan, 959 F.2d 555, 562 (5th Cir.1992) (citing
Clark, 652 F.2d at 403) (The Supreme Court has never recognized a constitutional right
to counsel at a SSA hearing.); Evangelista v. Secretary of Health & Human Servs., 826
F.2d 136, 142 (1st Cir.1987) ([T]he applicable standard in these nonadversarial
proceedings is well below the Sixth Amendment threshold.). As a result, HHS is not
obligated to provide counsel for the claimant, see Lopez, 728 F.2d at 149, or even to
guarantee the availability of free legal services. Clark, 652 F.2d at 403. Rather, the
right to representation articulated in these cases refers to a claimants freedom to
choose to be represented by counsel in a benefits proceeding.
100
For DSHS hearings, see WASH. ADMIN. CODE 388-02-0155: Who represents you
during the hearing process?
(1) You may represent yourself or have anyone represent you, except a DSHS
employee.
(2) Your representative may be a friend, relative, community advocate,
attorney, or paralegal.
For Employment Security hearings, see WASH. ADMIN. CODE 192-04-110.
101
For example, in Washington State, the Administrative Procedures Act provides that
any party may be advised and represented at the partys own expense by counsel or, if
permitted by provision of law, other representative (emphasis added). WASH. REV.
CODE 34.05.428(2) (2002). Therefore, unless an agency specifically authorizes the use
of non-attorney representatives, it appears that only attorneys can act. Some Washington
state agencies do allow for lay representation. See, e.g., DSHS, WASH. ADMIN. CODE
388-02-0155 (2003); Employment Security, WASH. ADMIN. CODE 192-04-110 (2003).
Other state agencies, however, essentially only allow for attorney representation. See,
e.g., Environmental Hearings Board Forest Practices Hearings, WASH. ADMIN. CODE
223-08-050 (2003); Pollution Control Hearings, WASH. ADMIN. CODE 371-08-365
(2003); Shoreline Hearings, WASH. ADMIN. CODE 461-08-385 (2003).
102
On the federal level, in Social Security, SSI, and Medicare hearings held before Social
Security Administration ALJs, the federal regulations covering these hearings allow for
lay representation. See 20 C.F.R. 404.1705, 416.1505 (2003).
103
Goldberg v. Kelly, 397 U.S. 254, 261 (1970) (finding that the due process right
includes the right to a fair hearing for public assistance denials, using brutal needs to
describe access to food, clothing, shelter, income, and health care). For qualified
recipients, welfare provides the means to obtain essential food, clothing, housing, and
medical care. Thus the crucial factor in this context . . . is that termination of aid pending
resolution of a controversy over eligibility may deprive an eligible recipient of the very
means by which to live while he waits. Since he lacks independent resources, his
situation becomes immediately desperate. His need to concentrate upon finding the
means for daily subsistence, in turn, adversely affects his ability to seek redress from the
welfare bureaucracy. Id. at 264.
104
Courts agree that attorney representation in the context of establishing eligibility for
SSI and Social Security Disability can be critical to obtaining benefits. See Frank, 924 F.
Supp. at 42728:
The potential benefits of having counsel at a benefits proceeding are well
recognized. Indeed, the heightened duty placed on the ALJ by this Circuit is
an attempt to compensate for the disadvantage of proceeding without counsel.
. . . The high rate of remand may well be a function of the fact that, [u]nder
our system of adjudication, no hearing officer (or judge) will ever be an
equivalent substitute for a lawyer devoted exclusively to a partys interests.
Cases such as the present one will repeatedly arise until the legal services bar
translates into action the now commonplace observation that agency cases are
usually won or lost at the agency level.
See also Guzman v. Califano, 480 F.Supp. 735, 737 (1979).
105
See Joan Grace Ritchey, Limits on Justice: The United States Failure to Recognize a
Right to Counsel in Civil Litigation, 79 WASH. U. L.Q. 317, 33132, 33638 (2001);
Johnson, New Melody?, supra note 3 at 22229 (comparing the legal bases for the right
to appointment of counsel in European countries with those in the United States).
106
Ritchey, supra note 105, at 31819.
107
Id. at 323.
108
28 U.S.C. 1915(a) (2004).
109
See Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993); see also McKeever v. Israel, 689
F.2d 1315, 1318 (7th Cir. 1982); United States v. McQuade, 579 F.2d 1180, 1181 (9th
Cir. 1978).
110
Tabron, 6 F.3d at 155 (stating that nothing in this clear language [of the statute]
suggests that appointment is permissible only in some limited set of circumstances. Nor
have we found any indication in the legislative history of the provision to support such a
limitation. The court refers to 28 U.S.C. 1915(d) (2000) the court may request an
attorney to represent any such person unable to afford counsel.)
111
Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984); see also Franklin v. Murphy,
745 F.2d 1221 (9th Cir. 1984).
112
Tabron, 6 F.3d at 153.
113
Id. at 155.
114
Id. at 156.
115
Id.
116
Ackridge v. Comm. Dept of Human Servs., 5 Natl Disability Law Rep. 236 (E.D.
Pa. May 5, 1994).
117
Id.
118
Id.
42 U.S.C. 2000e2000e17 (2000).
120
42 U.S.C. 2000e-5(f)(1). See also Bindra & Ben-Cohen, supra note 83, at 22
(discussing the statute and subsequent case law).
121
Bindra & Ben-Cohen, supra note 83, at 22 (discussing, primarily, Brown v.
Continental Can Co., 765 F.2d 810, 814 (9th Cir. 1985)).
122
Id. at 2223. The authors reason that if a plaintiff proficiently presents the merits of
the case, the court will deny counsel because the plaintiff is competent. On the other
hand, if the plaintiff inadequately presents the merits, the court will conclude that the
case is frivolous and deny counsel. Id. While the latter proposition is true, under factor
three, the first proposition is not necessarily true. In applying the three-factor test, as
articulated in Brown, courts do not address the plaintiffs competence. If the plaintiff can
show financial need, inability to obtain counsel, and a meritorious case, then the court
should appoint counsel in employment discrimination cases regardless of the plaintiffs
competence. For cases brought under other statutes or constitutional provisions,
however, the authors point is well-taken, as illustrated in their discussion of Fowler v.
Jones, 899 F.2d 1088, 1096 (11th Cir. 1990). In Fowler, the Eleventh Circuit applied an
exceptional circumstances test in denying a prison inmate appointed counsel in his civil
rights suit against prison officials.
123
124
Id. at 333.
125
Id. at 33436.
126
Id. at 332.
127
Johnson, Toward Equal Justice, supra note 75, at 218.
128
Johnson, New Melody?, supra note 3, at 22326.
129
Id. at 22324.
130
See Lawrence v. Texas, 123 S. Ct. 2472 (2003).
131
Johnson, New Melody?, supra note 3, at 224.
132
See Ritchey, supra note 105, at 332 (the United States is the only major Western
nation that does not provide a right to counsel in civil matters, (quoting Earl Johnson,
Jr., The Right to Counsel in Civil Cases: An International Perspective, 19 LOY. L.A. L.
REV. 341, 35255 (1985))).
133
Id. at 338.
134
Id.
135
Id. But note that some states do provide counsel in similar situations. See, e.g.,
WASH. R. APP. P. 15.2 (providing the right of appointed counsel for indigents in
commitment proceedings under WASH. REV. CODE 71.05, 71.09 (2002) and for
dependency and termination of parental rights cases under WASH. REV. CODE 13.34).
136
137
Id.
138
See CIRCLE manifesto: The Coalition for Indigent Representation and Civil Legal
Equality (CIRCLE) is comprised of individuals who are committed to the principle of
equal justice for all as fundamental to the system of justice in the state of Washington.
Memorandum from the Coalition for Indigent and Civil Legal Equality (CIRCLE), to all
119
Equal Justice Legal Service Providers; CIRCLE Case Identification Information Form
used to identify potential clients (on file with Seattle Journal for Social Justice).
139
Frase, 840 A.2d at 130.
140
Id.
http://www.abajournal.com/news/article/brain_injury_leads_to_suspension_for_maine_lawyer_i_couldnt_stick_to_tasks/?utm_source=maestro&utm_...
Legal Ethics
Brain injury leads to suspension for Maine lawyer; I couldnt stick to tasks, he
says
Posted Jun 25, 2014 5:45 AM CDT
By Debra Cassens Weiss
A Maine lawyer says he can no longer function effectively as a trial lawyer and he agrees with his indefinite suspension, imposed by
a Maine Supreme Judicial Court justice on May 27.
Newport lawyer Dale Thistle, 66, attributes his problems to a traumatic brain injury caused by a November 2011 car accident,
CentralMaine.com reports. Complaints made to the bar about his handling of cases are serious and meritorious and directly stem
from my brain injury, he told the publication. I even self-reported a misfiling in federal court.
Thistle says his intelligence is intact but his ability to perform executive functions is impaired. He suffers from minor seizures and
small blackouts. I couldnt organize my day-to-day life, he told CentralMaine.com. I couldnt stick to the tasks. Its just the result o
the brain injury.
The Bangor Daily News calls Thistle a well-known lawyer in its earlier coverage of the suspension. He represented a former
Newport official accused of embezzlement, a 14-year-old girl accused of stabbing her aunt 106 times, and class-action clients who
claimed they were illegally strip-searched at the Knox County jail.
Thistle can regain his license if his condition improves, but hes not optimistic. I have no plans at the moment, he told
CentralMaine.com. I dont know what Im going to do."
Copyright 2014 American Bar Association. All rights reserved.
SUPREME JUDICIAL COURT

Docket No. BAR 14-10
STATE OF MAINE
BOARD OF OVERSEERS OF THE BAR

Phn:rdff
ORDER
OF SUSPENSION
M. Bar R. 7.s(e)(2)(B)
(DISABILITY)
DALE F. THISTLE, ESQ.

of Newport, Maine
Me. Bar #7483
Defendant
By filing dated May 27,2014, the Board of Overseers of the Bar (the
Board) petitioned this Court for
al
immediate Order suspending Dale
F Thistle
for disability-related reasons from the practice of iaw in the State of Maine.
Included with the Board's Petition was a Confidentia-l Affrdavit of Bar Counsel.
For good cause shown by the Board., Dale F. Thistle, Esq. appears to be a
disabled attorney; as a result, he has comrnitted apparent vioiations of the
Maine Rules of Professional conduct, thereby serving as a threat to ciients, the
pubiic ard to the administration ofjustice. The court finds

that Attorney
Thistle's actions constitute vioiations of M. R. prof.
Conduct i.3; 1.4(a);
1.
1s(a)(b)(d)(e); and 8.4 (a)(c)(d).
Accordingly, this court oRDERS that

Da-.e F. Thistle be suspended from
t,.e practice of Iaw in Maine pursualt
to M. Bar R. 7.3(e)(2)(B) untii further
Order of this Court.
The Court further ORDERS

that Attorney Michael A. Wiers of Newport,
Maine is appointed as the Receiver
of Attorney Thistle,s practice.
The separate
Order for the Appointment
of Receiver is incorporated
herern by reference.
o"t a,
1/,{,(.rl ?8,.
RECEIVE
JUN 0 6
?nt/
Ellen Go
Maine
Justice
Court
r"""
?01
r""JiJ[""?[i?
http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspended-from-practice-because-of-disability/print/
Gabor Degre | BDN
Cindy Dunton of Newburgh sits in the courtroom with her attorney Dale Thistle during her sentencing at the Penobscot Judicial
Center in Bangor in this July 2011 file photo.
By Judy Harrison, BDN Staff

Posted June 09, 2014, at 6:46 p.m.
AUGUSTA, Maine A well-known Newport lawyer has been suspended from the practice of law
because of a disability, according to the Maine Board of Overseers of the Bar.
Dale Thistle, 66, was suspended indefinitely on May 27, according to information released Monday
by the board.
The nature of his disability was not disclosed.
Thistles order of suspension, signed by Maine Supreme Judicial Court Justice Ellen Gorman, said
that he appears to be a disabled attorney; as a result, he has committed apparent violations of the
Maine Rules of Professional conduct, thereby serving as a threat to clients, the public and to the
administration of justice.
His practice was placed into a receivership to be overseen by Michael A. Wiers, 65, of Hartland. He
is to deal with Thistles clients and report to the court about the financial shape of the practice,
http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspended-from-practice-because-of-disability/print/
among other duties.

To be reinstated, Thistle must apply to the state supreme court. The suspension was recommended
by the legal staff at the Board of Overseers.
Thistle has represented many high profile defendants over the years, including Cindy Dunton, 52,
the former deputy clerk and treasurer in Newburgh. She was sentenced July 1, 2011, at the
Penobscot Judicial Center to to five years in prison with all but 20 months suspended for
embezzling nearly $200,000 from the town since 2006.
Dunton, who pleaded guilty in April 2011 to Class B theft by unauthorized taking, also was ordered
to be placed on probation for three years after serving her sentence and to pay about $252,000 in
restitution which is the sum of the money she stole plus attorney and forensic auditor fees.
Dunton was released Oct. 12, 2012, after serving 15 months of her sentence, according to
previously published reports.
Thistle also represented clients in at least half a dozen federal lawsuits alleging illegal strip
searches at county jails.
http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspendedfrom-practice-because-of-disability/ printed on June 25, 2014
http://www.centralmaine.com/2014/06/20/newport-lawyer-agrees-with-his-suspension-over-disability-concerns/
PRESSHERALD
MAINETODAY
25, 2014
Public Notices WEDNESDAY JUNESUBSCRIBE:
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Posted June 20
BY DOUG HARLOW
COMMUNITY
REAL ESTATE
Updated June 20
STAFF W RITER
dharlow@centralmaine.com
| @Doug_Harlow | 207-612-2367
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NEWS
Newport lawyer agrees with his suspension over disability concerns
Newport lawyer Dale Thistle that he finally reported himself to the state Board of
Overseers of the Bar.
That report and other complaints about his work led to Thistles indefinite
suspension from practice by the Maine Supreme Judicial Court this month.
Complaints to the bar included Thistles alleged mishandling of a divorce case, real
estate litigation that took too long and on a couple of occasions, misspeaking to the
judge in the courtroom.
ADDIT IONAL IMAGES
SUSPENDED: Dale Thistle explains details of

the car accident he suffered in 2011 that
caused him a brain injury that led to
suspension to practice law. Thistle was
speaking from his home in Skowhegan on
Thursday. Staff photo by David Leaming
OUT OF WORK: Attorney Dale Thistle

speaks about being suspended to practice
law because of a car accident in 2011 at his
home in Skowhegan on Thursday. Staff
photo by David Leaming
In
Ou
ou
you
The June 6 order of suspension, based on a

recommendation by the Board of Overseers, refers to
Thistle, 66, of Skowhegan, as a disabled attorney
whose injury caused him to violate the rules of
professional conduct and as someone who is a
threat to clients, the public and to the administration
of justice.
Thistle said he agrees with the suspension. He said
persistent seizures, mini-blackouts and a lack of
direction paint the real picture of what he can do and
what he can no longer do following damages to the
nerves in his right frontal lobe.
They are right I did not disagree with the action
of the board of overseers, he said in an interview.
The complaints are serious and meritorious and
directly stem from my brain injury. I even
self-reported a misfiling in federal court. I made an
error in filing a document an error I would never
have made previously. I reported on myself, in other
words.
Attorney Gordon Johnson, founder of the Brain
IN NEWS
Injury Law Group inNEXT
Sheboygan,
Wis., said that
Supreme
while damage to the frontal
lobeCourt
can be cellphone
decision
life-changing, there can
be hopewont
notaffect
for Maine much
regeneration of the broken nerves, but from a redirection of the brains activity. The
NEWS
Newport lawyer agrees with his suspension over disability concerns
In
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Supreme Court cellphone

decision wont affect Maine much
Social Security Administration

Retirement, Survivors and Disability Insurance
Notice of Award
Office of Disability and
International Operations
1500 Woodlawn Drive
Baltimore, Maryland 21241-0001
Date: August 23, 1993
Claim Number: 160-52-5117HA
NEIL J GILLESPIE
266 7 AVE NE APT 5
ST PETERSBURG, FL 33701-2651
1 11 11.1 11111 1.1.111.1 11.11 11 11 1
We recently told you that you met the medical requirements to receive Social
Security benefits. Now we are writing to tell you that you meet the other
requirements. Therefore you qualify for monthly disability benefits from Social
Security beginning July 1992.
However, we cannot pay you for July 1992 through July 1993.
The Date You Became Disabled
We found that you became disabled under our rules on January 17, 1992. This is
different from the date given on the application.
Also, you have to be disabled for 5 full calendar months in a row before you can
be entitled to benefits. For these reasons, your first month of entitlement to
benefits is July 1992.
What We Will Pay And When
You will receive $1,185.00 for August 1993 around September 3, 1993.
After that you will receive $1,185.00 each month.
Your Benefits
We raised your monthly benefit amount beginning December 1992 because the
cost of living increased.
Enclosure(s):
Pub 05-10072
Pub 05-10153
See Next Page
. 160-52-5117HA
Page 2 of 3
Other Government Payments Affect Benefits
Besides the money we are sending you now, you may be due some more Social
Security money for July 1992 through July 1993. We must first subtract the
amount of your Supplemental Security Income payments for some or all of these
months from the Social Security money you are due. When we figure the
amount we have to subtract, we will send another letter to show how it was
done. If you are still due some money after the subtraction, we will also send
you a check.
Other Social Security Benefits
The benefit described in this letter is the only one you can receive from Social
Security. If you think that you might qualify for another kind of Social Security
benefit in the future, you will have to file another application.
Do You Disagree With The Decision?
If you think we are wrong, you have the right to appeal. A person who did not
make the first decision will decide your case. We will correct any mistakes. We
will review those parts of the decision which you believe are wrong and will look
at any new facts you have. We may also review those parts which you believe
are correct and may make them unfavorable or less favorable to you.

You have 60 days to ask for an appeal.
The 60 days start the day after you receive this letter.
You must have a good reason if you wait more than 60 days to ask for an
appeal.
Things To Remember For The Future
The doctors and other trained personnel who decided that you are disabled expect
your health to improve. Therefore, we will review your case in July 1994. We
will send you a letter before we start the review. Based on that review, your
benefits will continue if you are still disabled, but will end if no longer disabled.
For you to be considered disabled under our rules, your health problems must
keep you from doing not only your usual work, but also any other kind of
substantial gainful work.
Also, you must meet this requirement at the same time when you have earned
enough credits for work under Social Security. The last date when you will have
earned enough credits is December 1994.
Please read the enclosed pamphlet, "How You Earn Social Security Credits,"
which explains how the credits are earned and how many a person needs to
receive benefits.
Page 3 of 3
160-52-5117HA
Your Responsibilities
The decisions we made on your claim are based on information you gave us. If
this information changes, it could affect your benefits. For this reason, it is
important that you report changes to us right away.
We have enclosed a pamphlet, "When You Get Social Security Disability
Benefits...What You Need To Know." It will tell you what must be reported and
how to report. Please be sure to read the parts of the pamphlet which explain
what to do if you go to work or if your health improves.
If You Want Help With Your Appeal
You can have a friend, lawyer or someone else help you. There are groups that
can help you find a lawyer or give you free legal services if you qualify. There
are also lawyers who do not charge unless you win your appeal. Your local Social
Security office has a list of groups that can help you with your appeal.
If you get someone to help you, you should let us know. If you hire someone, we
must approve the fee before he or she can collect it. And if you hire a lawyer, we
will withhold up to 25 percent of any past due benefits to pay toward the fee.
If You Have Any Questions
If you have any questions, call us toll free at 1-800-772-1213. We can answer
most questions over the phone. You can also write or visit any Social Security
office. The office that serves your area is located at:
DISTRICT OFFICE
898 30TH AVE NORTH
ST PETERSBURG, FL 33704
If you do call or visit an office, please have this letter with you. It will help us
answer your questions.
Cl . ~ ~
//~~q
Louis D. Enoff
Acting Commissioner
of Social Security
Case: 12-11213
Date Filed:
(1 of 43)
08/09/2012
Page: 1 of 42
Case: 12-11213
Date Filed:
(19 of08/09/2012
43)
Page: 19 of 42
Case: 12-11213
Date Filed:
(20 of08/09/2012
43)
Page: 20 of 42
Case: 12-11213
Date Filed:
(21 of08/09/2012
43)
Page: 21 of 42
.~
,.'
EMERGENCY _.
DEPARTMENT'
, RECORD
HAHNEMANN
-, HOSPITAL
Philadelph;a
Pa.,19102
, UNIVERSITY
PATIENT STATED COMPLAINT
~-UJ-8~ -,
PTT
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CONSULTING W-SlGNATURE
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SIGNATURE-House Staff MD,
FINAL IMPRESSION
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to- ~~~~L~llL.::~L::~-ALj=-_~~----!!~~~~e~~~=----~~~~~~:---1
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CONDITION ON DISCHARGE
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EMERGENCY ROOM .,.6RSES RECORD
Zt' ~ II PSr~
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DATE:
I" TEMP
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Ir
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. ~ROGRESS NOTES
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EMERGENCY ROOM CONSULTATION AND CONTINUATION RECORD
HAHNEMANN UNIVERSITY HOSPITAL
DATE
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DIAGNOSTIC REQUEST AND REPORT
DEPARTMENT OF DIAGNOSTIC RADIOLOGY
HISTORY NO.
..
Hahnemann University Hospital
AGE
LMP
~D.O.B.
.,
;
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Rt. Lt:
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X-RAYED HERE BEFORE?
o
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NO ... 0 YES, DATE:
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DO Femur
o WALK
DO Knee
OWHEEL CHAI.R
o CARRIER
DO Tibia-Fibula
0 0 ~I~':~~ ~~e c
o 0 Thoracic Spine
o
o
o0
oo
ONode/~=
Lumbosac. Spine
CT Body Scan
UltrMound
o G.I.
Bifat.
o
o
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0
---;:;:-;::;-f-------+-------+-------t---------f----------4
0 !0
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o 0
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tj
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O
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~Facial
o
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o0
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i
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o
o
o
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o
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o
o
o
o
D
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w/Air Contrast
Chest AP or PA
Rt.
Lt.
Chest Dccub.
Barium
Esoph/Swallow
DO Clavicle
DO Foot
Small Bowel
DO Shoulder
DO Heel
Toe
DO Humerus
!DOElbow
Gallbladder
Pelvis
DO Forearm
Skeletal Survey (CA)
Skull
Pulmon. Anario.
Orbits
Renal
DO Wrist
Myelogram
DO Hand
Sialogram
Transhepatic
Cholangiogram
Abdomen-KUB
TTube
Cholangiogram
AbdomenErect-Supine
I.V.P. w/Tomograms
Obstruction Series
Drip I.V.P. w/Tomograms DO Hip
Fistulogram
Cystogram
Anhrogra!'1
Uro/Strep Infu.
Shuntogram
Bone Age
Serial Film
Oint. Bil. Slent
Artario.
Venogram
Celiac or Mesentenc
Femoral Anerio.
(run off)
Bones
Chest romo.
rK
Cerebral Artario.
Paranasal Sinus
DO Ribs
Multiple
Unil.
D O Coccyx
Barium Enema
w/Flat Plate
Cardiac Series
Both DO Ankle
Rt. Lt.
Air Contrast Enema

O w/Flat Plate
Pon. Chest
o Chest Fluoro
o
o
o
o
o
Both t8Ccervical Spine
., 1----------4~;:--,__:_:,....,._--__+=------~
DR.
Venogram
Vascular
Gruntz,g
OT.M.Joint
Therapeutic
Intervention
Nasal Bones
Finger
ODSA
Tissue Neck
DO
PERTINENT HISTORY
~t
.~
PR?VISIONAL DIAGNOSIS
_
-~
~ENDING [10LA~b~
~~.
---
1 RES,:)ENT OR INTERN
DATE EXAM DESIRED
, ,
MD. I
RADIOLOGIS7'S REPORT
DATE~D~/,...
;(/Jc7V/ ~
GILLESPIE~ NEIL
825117
MULTIPLE STUDIES:
CERVICAL
SPINE:
e\/.1.0enCE:
:.- .1. '../
~~.:.,
, .;
~he
d:i. =; 1 DCa 'lion

::?;?\/E?::\
1.
c:erV1C21
or
nCJ
spir)e reveal
no
abnormal
prevertebral
bony i.!npi~gment l~pon th2
neural foramina.
FACIAL BONES:
Five views of the facial bones reveal
no evide~ce
of fracture
or ~islocation. No alr fluid levels are seen w1thln
the sinuses or air in the orbits.
t1ANDIBLE:
which reveal
TRANS:
BY:rb
FORM 333008 IRev 7/861
th,':~
n~
EVldence of
fracture.
rnandible
v'Jere
Bria~
cbtainf~,j
t-l.D.
Patricia Laffey, M.D.
8/22/88
PATIENTS CHART
~(
PATIENT NUMBER
EMERGENCY ROOM NURSES RECORD

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''''';''NAME
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/Jed
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e>
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': ..-. po';."
Yw
2. Apply ice ~gs to areas of swelling of the scalp for 15 minut.. ~very4 to
,6 hours ,dUring the first 24.tt()urs after injury.
~.t"
" ',:
,.3. Li9!lt diet for 24 hours after injury. '
.gt~.,~t.-':iA'
PINSTR\l.cil6@~~:
~."!t=t"':"5~'.~~
e.
--.:,::
"
~ -P~.' 1332;').. .0
ch;nq th. d;~~=::c:: :::;~tj;~~~;;d:"V
ccompanylng paUT. For vomiting. stop all foods anclliquids for several
hours. Later. try sipping clear liquids each hour. After f2110urs without
vomiti~g try a b.la.nd d.iet. For diar.rhea. drink plenty of etu,'liQuids. Eat '
. no SOh~ f~OdS, IMlally;:When dla~rhea decreas~s, uy-~~~~.~~~r. "',
Blear Liquids:' Jello. fr.llit IUI.ces (apple. cranberry, ~r.pe);:'broth/soda.
(seven-up. glnger-aleh Don t remain on a clear liquid dietfotmorethan
72 hours. Call your doctor if diarrhea persists more thtin:72hours.
4. Avoid strenuous physical exereisefor at least 24 hours after the injury.

Return to the Emergency Room immediately if:
Blend Diet~eggs. meat. fish. poultry. potato. rice.
, 1. The patient becomes confused. vomits. is unsteady or clumsy
p:You are unable to awaken the patient.
DATE
say'4fJfllft
n~i;S:~~;;81:;toast.
.. ---.:'" ~:~
~. ~
NOTE: AVOIO-milk and other dairy products. raw fi'uiIa end~.

nuts. chocolate, and fatty or fried foods until you a,. better;. ,~'"
' . ~">-""'i'w ... ;.-\';.,~
o JOINT
SPRAINS. SEVERE BRUISES:"- :.~,;:r;.;:~:::,
'
'3. The patient has a'seizure or convulsion
~rse~~'~~~r f~
4., Headache gets worse.,
Pain is usually mild when the injury occurs. but

a
hours. Swelling also comes on gradually.
" ,", "o~',-;~;~; . " : - \ ' ;
5. The patient complains of double or blurred vision.
... ;;"
.';. -~. ",'
1. Rest is the most important treatment.
o.ur
2. Keep injured arm or leg eleval8d higher than Y,

'heart level to '
prevent swelling and reduce soreneb.,. : .. "': ,~~-' .
o WOUND CARE
3. Coid packsshouhl be appliedfor the first 24-48
1. Keep the wound and bandage dry and clean,
hour~. Use ato~el
between the ice bag and the skin to avoid frostbite.
2. Even with every precaution. any wound can become infected.
4. Warm
packs or soaks may be used after 48 hours,
,
'
3. Return to the Emergency Room at any time if:
6. po not stand on an injured foot or leg until you can do so~ithout pain;
then gradually return to normal activity.
,
a. wound becomes red. swollen or hot

b. wound breaks open. drains or has bad odor
c. sore glands or red streaks develop
d. pain worsens
e dressing becomes blood soaked
o NECK & BACK STRAIN
. 1. .Rest the injured area. avoiding anypainful m<Wemen~.. , ,;,~,
2. Apply heat at least 3 or 4 times a day.
4. Keep injured arm or leg elevated high,il',than your heart level to

Plevent swelling and reduce soreness. /
.
....
.,
;
'~--:~:::.:.;; '<c
~ .. '
.. ".
3. For neck strains. try sleeping with a low pillow or no pillow at all.
~
4. I~crease activities very gradually.
"',' i-;.To
~,----------~D""""O""T"'Hf~F""O-l-LO-W-IN-G-_O-N-L-Y-I-F-C-H-E-C-K-E-D-S-Y-r-H-E-O-O..;,C-T-O-R-------..;,,;;.--
C
.....
'0
0
the skin to avoid frostbite.
-0 Heat every
.beginning
hours for
minutes until
o May take aspirin or Tylenol 1 or 2 tablets every 4 hrs. as needed.
..
Medication
"C
ou
for
hours for
,
,
~,
1:1 Do not drink any alcoholic beverages, drive a car, or operate any
dangerous machinery while taking the medication given or...-c:ribed for
you.
minutes
days.
OTHER INSTRUCTIONS
MEDICATIONS/PRESCRIPTIONS
~
Amount Order,c!
~~
Directions _
Dose
...
>II:
c(
c(--
--
....-
........
~~=
~~
"'::!"C~.,~
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Page 1 of 3
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Fagan, Grace" <gfagan@circuit5.org>; "Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>; "John Anthony Tomasino"
<tomasino@flcourts.org>; "Silvester Dawson" <Dawson@flcourts.org>; "McCalla Raymer E-service" <MRService@mccallaraymer.com>; "Patricia Ann
Toro Savitz" <psavitz@flabar.org>; "Barry Rodney Davidson" <bdavidson@hunton.com>; "Jon Marshall Oden" <joden@balljanik.com>; "Frank Harlan
Killgore Jr." <FHKILLGORE@KPSOS.COM>; "Robert J. Stovash" <rstovash@sctlaw.com>
"Hon. Don F Briggs" <dbriggs@circuit5.org>; "Hon. Hale R Stancil" <hstancil@circuit5.org>; "Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 10, 2014 11:37 AM
Model Accommodation Request Form June 2010-Live-MARION-PDF.pdf
Re: Public records; request for ADA/disability Accommodation
Thank you. I already submitted my ADA request on the attached form I just found from last year. Neil J. Gillespie.
----- Original Message ----From: Fagan, Grace
To: Neil Gillespie ; Gordon, Tameka
Cc: Greg Harrell (GHarrell@marioncountyclerk.org)
Sent: Wednesday, December 10, 2014 10:59 AM
Subject: RE: Public records; request for ADA/disability Accommodation
Mr. Gillespie,
A response from or on behalf of Chief Judge Briggs will be forthcoming.
Judge Stancil may not have a page dedicated to his office practices. It is an optional feature that is available for use by each
individual Judge within their sole discretion.
The link to the ADA request form has been repaired. Thank you for bringing the problem to the Courts attention.
The remainder of this email does not appear to request judicial branch records and therefore requires no further response on my
part or on behalf of the Court.
Grace
From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Tuesday, December 09, 2014 12:25 PM
To: Fagan, Grace; Gordon, Tameka
Cc: Neil Gillespie
Subject: Public records; request for ADA/disability Accommodation
Grace A. Fagan, Esq., General Counsel

Office of the General Counsel
Fifth Judicial Circuit, Florida
E-mail: gfagan@circuit5.org
Tameka Gordon, ADA Coordinator
Email: tgordon@circuit5.org
Dear Ms. Fagan,
Thank you for the records provided. Will you be responding on behalf of Chief Judge Briggs? See attached my letter December 1, 2014. The
following is outstanding:
1. Information about obtaining a court reporter make a verbatim record and transcript of any hearings in this case.
2. forms to file in forma pauperis pursuant to,
57.082 Determination of civil indigent status
57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived
I have not been able to locate a preference page for Judge Stancil, or any other Marion County of Fifth Circuit Judge. Typically courts have a
preference page for each judge showing motion practice, policy on telephonic hearings, scheduling hearings, etc. Does this court/circuit have a
preference page for each judge? If not, where is this information found?
Circuit wide administrative Order A2010-12-A shows you are the ADA Coordinator and Responsible Person designated to receive ADA
complaints and grievances. There are a number of problems with various ADA administrative orders that do not conform to current law. It appears
Marion Countys ADA administrative orders only mention the Americans with Disabilities Act of 1990 (ADA) Public Law 101-336. Tellingly the
ADA Amendments Act of 2008, Public Law 110-325, is completely missing. http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008
Disability accommodation also includes the Rehabilitation Act of 1973, and Ratified Treaties of the United States, which are the supreme law of the
land under Article VI, Section 2. Also Florida Chapter 825 as it related to disabled adults.
The link is broken to the Fifth Circuits online ADA Accommodation Request Form
http://www.circuit5.org/c5/adarequest/
I plan to file a complaint and/or grievance for these and other issues. I will use the Florida Supreme Court ADA Accommodation Request Form in
lieu of the Fifth Circuit ADA Form. Counsel appoint under the ADA is legitimate, contrary to information on the Fifth Circuit ADA website. See,
The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon, law review, http://digitalcommons.law.seattleu.edu/sjsj/vol2/iss2/30/
2/9/2015
Page 2 of 3
The American Bar Association (ABA) recently added a "Civil Right to Counsel" page, "Law Governing Appointment of Counsel in State Civil
Proceedings", http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html
with 50 research reports, one for each state (link to Florida)
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_fl.authcheckdam.pdf
detailing existing authority for appointment of counsel in various types of civil proceedings, such as,
Law Addressing Authorization or Requirement to Appoint Counsel in
Specific Types of Civil Proceedings
1. SHELTER
Federal Statutes and Court Decisions Interpreting Statutes
The federal Fair Housing Act, contained within Title VIII of the Civil Rights Act of 1968,
provides that "[a]n aggrieved person may commence a civil action in an appropriate United
States district court or State court." 42 U.S.C. 3613 (a)(1)(A). Further, "[u]pon application
by a person alleging a discriminatory housing practice or a person against whom such a practice
is alleged, the court may-- (1) appoint an attorney for such person." 42 U.S.C. 3613(b).
Also see page 16, Fla. Stat. 29.007 (2011) ("Court-appointed counsel"). This section applies in any situation in which the court appoints counsel
to protect a litigants due process rights.
There is an Appendix: International Law Relating to Appointment of Counsel in Civil Proceedings.
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_appendix.authcheckdam.pdf
Sandy DAlemberte wrote in Tributaries of Justice: The Search For Full Access, 25 Fla. St. U. L. Rev 631, Section V. Tributary Four, "Some court
opinions hint that access to legal representation in civil cases might be a constitutional entitlement. footnote 58, See In re Amendments to Rules
Regulating The Florida Bar1-3.1(a) and Rules of Judicial Administration2.065 (Legal Aid), 598 So. 2d 41, 43 (Fla. 1992) (noting that "the
right to counsel is no longer limited to criminal cases")" http://www.law.fsu.edu/journals/lawreview/downloads/253/dalember.pdf
The U.S. Eleventh Circuit has a duty and authority to make a Non-Criminal Justice Act Counsel Appointment. The U.S. Eleventh Circuit adopted
provisions for furnishing representation for persons financially unable to obtain adequate representation in cases and situations which do not fall
within the scope of 18 U.S.C. 3006A, as amended -- but in which the court believes that the interests of justice will be served by the presence of
counsel.
See Addendum Five, U.S. Eleventh Circuit, Rev.: 8/07, found online,
http://www.ca11.uscourts.gov/attorney-info/criminal-justice-act
http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf
ADDENDUM FIVE
NON-CRIMINAL JUSTICE ACT COUNSEL APPOINTMENTS
The court adopts these provisions for furnishing representation for persons financially unable to obtain adequate representation in cases and
situations which do not fall within the scope of 18 U.S.C. 3006A, as amended but in which the court believes that the interests of justice will be
served by the presence of counsel.
10A Fla. Jur 2d Constitutional Law 480. The guaranty of due process of law extends to every type of legal proceeding. Pelle v. Diners Club, 287
So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 1974); Tomayko v. Thomas, 143 So. 2d 227 (Fla. Dist. Ct. App. 3d Dist. 1962). Whenever life, liberty, or
property rights are involved in any official action, the organic requirements of due process of law must be afforded, whether such action is the
exercise of the powers of government by governmental departments, State ex rel. Barancik v. Gates, 134 So. 2d 497 (Fla. 1961); Williams v. Kelly,
133 Fla. 244, 182 So. 881 (1938) or a duly authorized administrative or ministerial function or duty. State ex rel. Barancik v. Gates. The
constitutional guaranty of due process of law applies not only to court and administrative procedures, but also to legislative acts. Williams v. U.S.,
179 F.2d 644 (5th Cir. 1950), cert. granted, 340 U.S. 849, 71 S. Ct. 77, 95 L. Ed. 622 (1950) and judgment aff'd, 341 U.S. 70, 71 S. Ct. 581, 95 L.
Ed. 758 (1951) (implied overruling on other grounds recognized by, U.S. v. McDermott, 918 F.2d 319 (2d Cir. 1990)) and (overruling on other
grounds recognized by, Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820, 136 Ed. Law Rep. 15 (4th Cir. 1999)).
10A Fla. Jur 2d Constitutional Law 483. Due process encompasses both substantive and procedural due process. McKinney v. Pate, 20 F.3d 1550
(11th Cir. 1994); M.W. v. Davis, 756 So. 2d 90, 25 Fla. L. Weekly S334 (Fla. 2000); State v. O.C., 748 So. 2d 945, 24 Fla. L. Weekly S425 (Fla.
1999).
Thank you in advance for the courtesy of a reply.
Neil J. Gillespie
8092 SW 115th Loop
Email: neilgillespie@mfi.net
Telephone: 352-854-7807
----- Original Message ----From: Fagan, Grace
To: neilgillespie@mfi.net
Sent: Wednesday, December 03, 2014 2:24 PM
Subject: FW: Public records request to Grace Fagan, General Counsel Fifth Judicial Circuit; and by US mail to Lake County Judicial Center, PO Box 7800,
Tavares, FL 32778-7800
Mr. Gillespie
Please see the attached response to your public records request. A hard copy will follow via US Mail.
2/9/2015
Page 3 of 3
Grace A. Fagan
Grace A. Fagan, Esquire
General Counsel
for the Fifth Judicial Circuit
Lake County Courthouse
(352) 253-1615
Hernando County Courthouse
(352) 754-4860
gfagan@circuit5.org
NOTICE OF CONFIDENTIALITY
This E-mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential,
privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise
using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the
sender by reply E-mail and immediately delete this message from your system.
From: Grace Fagan [mailto:gracefagan@yahoo.com]

Sent: Tuesday, December 02, 2014 12:25 PM
To: Fagan, Grace
Subject: Fwd: Public records request to Grace Fagan, General Counsel Fifth Judicial Circuit; and by US mail to Lake County Judicial Center, PO Box 7800,
Tavares, FL 32778-7800
Sent from my iPhone

Begin forwarded message:
From: "Neil Gillespie" <neilgillespie@mfi.net>
Date: November 26, 2014 at 6:05:27 PM EST
To: "Grace Ann Fagan" <gracefagan@yahoo.com>
Cc: "Hon. Hale Ralph Stancil" <hstancil@circuit5.org>, "Robyn Katz" <rrk@mccallaraymer.com>, "McCalla Raymer E-service"
<MRService@mccallaraymer.com>, "Jane Bond" <jane.bond@mccallaraymer.com>, "Delilah Lugo" <dhl@mccallaraymer.com>,
"Curtis Wilson" <Caw@McCallaRaymer.com>, "Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>,
<rstovash@sctlaw.com>, "Patricia Ann Toro Savitz" <psavitz@flabar.org>, "Jon Marshall Oden" <joden@balljanik.com>, "Barry
Rodney Davidson" <bdavidson@hunton.com>, "Frank Harlan Killgore Jr." <FHKILLGORE@KPSOS.COM>, "Neil Gillespie"
<neilgillespie@mfi.net>
Subject: Public records request to Grace Fagan, General Counsel Fifth Judicial Circuit; and by US mail to Lake County
Judicial Center, PO Box 7800, Tavares, FL 32778-7800
2/9/2015
FLORIDA STATE COURTS SYSTEM
ADA TITLE II ACCOMMODATION REQUEST FORM 1

June 28, 2010
RIGHT TO AN ACCOMMODATION
If you are an individual with a disability who needs an accommodation in order to participate in
a court proceeding or other court service, program, or activity, you are entitled, at no cost to
you, to the provision of certain assistance. Requests for accommodations may be presented on
this form, in another written format, or orally. Please complete the attached form and return it
to the following:
This should be done as far in advance as possible, but preferably at least seven (7) days before
your scheduled court appearance or other court activity.
Upon request by a qualified individual with a disability, this document will be made
available in an alternate format. If you need assistance in completing this form due
to your disability, or to request this document in an alternate format, please contact
This form was developed for use by individuals with disabilities who may require a
modification in a policy, provision of an auxiliary aid or service, or assignment to an accessible
location in order to participate in a court proceeding or other court service, program, or activity
that is covered by Title II of the Americans with Disabilities Act. Court employees with
disabilities who need a reasonable accommodation to be able to perform the essential
functions of their jobs should contact their immediate supervisor, the ADA coordinator for their
court, the OSCA Office of Personnel Services, or the State Courts ADA Coordinator.
10

ADA ACCOMMODATIONS PROVIDED BY FLORIDA COURTS

Pursuant to Title II of the Americans with Disabilities Act the Florida State Courts System will
make reasonable modifications in policies, practices, and procedures; furnish auxiliary aids and
services; and afford program accessibility through the provision of accessible facilities, the
relocation of services or programs, or the provision of services at alternative sites, as
appropriate and necessary.
Examples of auxiliary aids or services that the State Courts System may provide for qualified
individuals with disabilities include:
Assistive listening devices

Qualified ASL or other types of interpreters for persons with hearing loss
Communication access real-time translation / Real-time transcription services
Accessible formats such as large print, Braille, electronic document, or audio tapes
Qualified readers
Accommodations that are granted by the state courts are made at no cost to qualified
individuals with disabilities. 2
Please note that providing accommodations for some individuals with disabilities who appear
in the courtroom as part of their employment duties or professional practice is a responsibility
that appropriately may be shared by the individuals employer and the courts. Title I of the
Americans with Disabilities Act requires employers of 15 or more employees and Title II of the
Americans with Disabilities Act requires all state and local government employers to provide
reasonable accommodations to qualified employees with disabilities. In addition, Section 504
of the Rehabilitation Act of 1973, as amended, covers recipients of federal funding, and
requires all covered organizations to provide accommodations for their employees. These
responsibilities are concomitant with the courts responsibility under Title II of the ADA. It is to
everyones benefit when employers and the court system work together to ensure that
reasonable accommodations for individuals with disabilities are provided in the most efficient
and cost effective manner.
Page 2
AIDS/SERVICES COURTS CANNOT ADMINISTRATIVELY GRANT AS ADA

ACCOMMODATIONS
Examples of aids or services the Florida State Courts System cannot provide as an
accommodation under Title II of the Americans with Disabilities Act include:
Transportation to and from the courthouse

Legal counsel or advice
An official transcript of a court proceeding
Personal devices such as wheelchairs, hearing aids, or prescription eyeglasses
Personal services such as medical or attendant care
Readers for personal use or study
Additionally, the courts cannot administratively grant, as an ADA accommodation, requests that
impact court procedures within a specific case. Requests for an extension of time, a change of
venue, or participation in court proceedings by telephone or videoconferencing must be
submitted by written motion to the presiding judge as part of the case. The judge may consider
an individuals disability, along with other relevant factors, in granting or denying the motion.
Furthermore, the court cannot exceed the law in granting a request for an accommodation. For
example, the court cannot extend the statute of limitations for filing an action because
someone claims that he or she could not make it to the court on time due to a disability, nor
can the court modify the terms of agreements among parties as an ADA accommodation.
Finally, the Americans with Disabilities Act (ADA) does not require the court system to take any
action that would fundamentally alter the nature of court programs, services, or activities, or
that would impose an undue financial or administrative burden on the courts.
DOCUMENTATION OF THE NEED FOR AUXILIARY AIDS AND SERVICES

If an individual has a disability that is not obvious, or when it is not readily apparent how a
requested accommodation relates to an individuals impairment, it may be necessary for the
court to require the individual to provide documentation from a qualified health care provider
in order for the court to fully and fairly evaluate the accommodation request. These
information requests will be limited to documentation that (a) establishes the existence of a
disability; (b) identifies the individuals functional limitations; and (c) describes how the
requested accommodation addresses those limitations. Any cost to obtain such documentation
is the obligation of the person requesting the accommodation.
Page 3
FLORIDA STATE COURTS SYSTEM TITLE II ADA ACCOMMODATION REQUEST FORM

Please return this completed form to:
This should be done as far in advance as possible, but preferably at least seven (7)
days before your scheduled court appearance or other court activity.
12
10
2014
1. Date request submitted: ______/______/______
2. Person needing accommodation
Neil J. Gillespie
Name: _________________________________________________________________
Are you (please check one of the following seven options):
[ ] Defendant
[] Litigant/Party
[ ] Witness
[ ] Juror
[ ] Victim
[ ] Attorney
[ ] Other (please specify): __________________________________________________

3. Contact information for person needing accommodation
8092 SW 115th Loop

Street or P.O. Box: ________________________________________________________
Ocala
City: ___________________________________________________________________
Florida
34481
State: ___________________________________
Zip Code: _____________________
352-854-7807
Email Address: ___________________________________________________________
4. Person making request (if other than the person needing the accommodation)
n/a
Name: _________________________________________________________________
n/a
n/a
Email Address: __________________________________________________________
n/a
Relationship to person needing an accommodation: ____________________________
Page 4
5. Case information (if applicable)

Reverse Mortgage Solutions Inc v Neil J Gillespie et al
Style of case (case title), if known: __________________________________________
2013-CA-000115 or 42-2013-CA-000115-AXXX-XX
Case number, if known: __________________________________________________
Hon. Hale Stancil
Judge, if known: ________________________________________________________
Hearing Dec-18-2014 and duration of this case
Date accommodation needed: ______________________________________________
The hearing is 10:00 AM
Time accommodation needed: ______________________________________________
County Judicial
Location (courthouse/courtroom) accommodation needed: Marion
_______________________
duration of this case.

Duration for which the accommodation is requested: ____________________________
Type of case, if known (please check one of the following ten options):
[ ] appeal
[ ] circuit criminal
[ ] circuit civil
[ ] probate, guardianship, or mental health

[ ] traffic court
[ ] small claim
[ ] family court
[ ] county criminal
[ ] county civil
home foreclosure
[] other (please specify) HECM
____________________
Type of proceeding, if known (please check one of the following six options):
[ ] arraignment
[ ] bond hearing
[ ] hearing
[ ] trial
[ ] appellate oral argument
Case management conference

[] other (please specify) __________________________________________________
6. Accommodations requested
TBI traumatic brain injury, see
Nature of disability that necessitates accommodation: ___________________________
________________________________________________________________________
Accommodation requested (please check one of the following six options):

[ ] Assistive listening device (Assistive listening systems work by increasing the
loudness of sounds, minimizing background noise, reducing the effect of distance,
and overriding poor acoustics. The listener uses a receiver with headphones or a
neckloop to hear the speaker.)
[ ] Communication access real-time translation/real-time transcription services
(CART is a word-for-word speech-to-text interpreting service for people who need
communication access. A rendering of everything said in the courtroom will appear
on a computer screen. CART is not an official transcript of a court proceeding.)
[ ] Sign Language Interpreter (Please specify American Sign Language, oral
interpreter, signed English, or other type of signing system used by persons with
hearing loss.):_______________________________________________________
___________________________________________________________________
[ ] Assignment to a courtroom that is accessible to a person using a mobility device
(Please specify wheelchair, scooter, walker, or other mobility device that is used.):_
___________________________________________________________________
[ ] Provision of court documents in an alternative format (Please specify Braille,
large print, accessible electronic document, or other accessible format used by
persons who are blind or have low vision.): _________________________________
Page 5
Counsel Appointment w/o conflict, see

[ ] Other accommodation (please specify): _____________________________________
"The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon,"
________________________________________________________________________
Seattle Journal for Social Justice: Vol. 2: Iss. 2, Article 30, copy on request.
________________________________________________________________________
The ADA Amendments Act of 2008 (Public Law 110-325, ADAAA), also see
________________________________________________________________________
________________________________________________________________________
7. Use the Submit Button (immediately following) to send us your request:

Submit
THE FOLLOWING SECTION IS TO BE COMPLETED BY COURT PERSONNEL ONLY

8. Date request was received: ______/______/______
9. Additional oral or written information requested?
[ ] Yes
[ ] No
If so, describe information: ____________________________________________________

___________________________________________________________________________
10. Describe the accommodation(s) granted by the court: ______________________________
__________________________________________________________________________
11. Indicate the duration the accommodation will be provided: __________________________
___________________________________________________________________________
12. If an accommodation is denied, indicate reason(s) for denial:3
[ ] Based on the information provided, it appears the person does not have a disability as
defined by the ADA
[ ] Requested accommodation does not directly correlate to functional limitations
[ ] Request relates to a service, program, or activity outside the court system
(transportation, legal representation, mental health counseling, parenting course, etc.)
If the request is denied, granted only in part, or if an alternative accommodation is granted,

Rule of Judicial Administration 2.540 requires the court to respond in writing to the individual
with a disability. Transmittal of a copy of this section of the accommodation request form by
email or by U.S. Mail delivery is one means of providing the written response required by rule
2.540. If an accommodation is denied due to a finding of undue burden or fundamental
alteration, the Americans with Disabilities Act requires that such determination be made in
writing by the chief judge or chief judges designee.
Page 6
[ ] Request is for an aid/service the courts cannot administratively grant as an

accommodation pursuant to Title II of the ADA (official transcript, extension of time, etc.)
[ ] Requested accommodation would result in an undue burden
[ ] Requested accommodation would result in a fundamental alteration
[ ] Other (please specify): _____________________________________________________
13. Remarks: __________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
14. Court staff responding to request: ______________________________________________
15. Date person notified of determination: ______/______/______
Page 7
DIRECTORY
FLORIDA COURT ADA COORDINATORS

Revised: February 7, 2012
SUPREME COURT
4th DISTRICT COURT OF APPEAL
Mr. Silvester Dawson

Marshal
500 S. Duval Street
Tallahassee, FL 32399-1900
Phone:
850-488-8845
Fax:
850-921-2775
Mr. Glen G. Rubin

Marshal
1525 Palm Beach Lakes Boulevard
West Palm Beach, FL 33401
Phone:
561-242-2111
Fax:
561-242-2016
1st DISTRICT COURT OF APPEAL
5th DISTRICT COURT OF APPEAL
Mr. Stephen Nevels

Marshal
2000 Drayton Drive
Phone:
850-488-8136
Fax:
850-488-7989
Mr. Ty Berdeaux
Marshal
300 South Beach Street
Daytona Beach, FL 32114
Phone:
386-947-1544
FAX:
386-947-1565
2nd DISTRICT COURT OF APPEAL
1st CIRCUIT
Ms. Jo Haynes Suhr

Marshal
P. O. Box 327
Lakeland, FL 33802
Phone:
863-499-2290
Fax:
863-413-2649
Ms. Shelia A. Sims

Senior Deputy Court Administrator
190 Governmental Center, 5th Floor
Pensacola, FL 32502-4400
Phone:
850-595-4400
Fax:
850-595-0360
2nd CIRCUIT
3rd DISTRICT COURT OF APPEAL
Ms. Susan Wilson

Office of Court Administration
Leon County Courthouse
301 South Monroe Street
Phone:
850-577-4430
Fax:
850-487-7947
Mr. Alan Sadowski

Marshal
2001 S.W. 117 Avenue
Miami, FL 33175-1716
Phone:
305-229-3200, ext. 3237
Fax:
305-229-3206
Page 1
11
Ms. Nicole Berg

P. O. Box 7800
Tavares, FL 32778
Phone:
352-253-1604
Fax:
352-742-4370
ADA Duties: Lake County
3rd CIRCUIT
Ms. Carrina Cooper
Court Operations Consultant
173 N.E. Hernando St., Room 408
Lake City, FL 32056-1569
Phone:
386-758-2163
Fax:
386-758-2162
Ms. Lorna Barker

225 E. McCollum Avenue, Room 209
Bushnell, FL 33513
Phone:
352-569-6088
Fax:
352-569-6098
4th CIRCUIT
Mr. James W. Ivey
Court Facilities Manager
Fourth Judicial Circuit
330 E. Bay Street, Suite 507-C
Jacksonville, FL 32202
Phone:
904-630-1897
Fax:
904-357-5930
6th CIRCUIT
5th CIRCUIT
7th CIRCUIT
Mr. John D. Sullivan

110 N. Apopka Street
Inverness, FL 34450-4231
Phone:
352-341-6700
Fax:
352-341-7008
ADA Duties: Citrus County
Ms. Anne Landolfa

125 E. Orange Avenue, Suite 300
Daytona Beach, FL 32114
Phone:
386-248-8105
Fax:
386-257-6069
Ms. Peggy Welch

20 N. Main Street, Room 350
Brooksville, FL 34601
Phone:
352-754-4402
Fax:
352-754-4267
ADA Duties: Hernando County
8th CIRCUIT
Ms. Karen Weitzel

14250 49th Street North
Clearwater, FL 33762
Phone:
727-453-7163
Fax:
727-453-7166
Ms. Vanessa Sagar

Human Resources Manager
Office of the Court Administrator
201 E. University Avenue
Gainesville, Florida 32601
Phone:
352-337-6237
Fax:
352-384-3018
Ms. Tameka Gordon

110 N.W. 1st Avenue
Ocala, FL 34475
Phone:
352-401-6710 (ADA line)
Fax:
352-401-7883
ADA Duties: Marion County
Page 2
9th CIRCUIT
12th CIRCUIT
Ms. MaryBeth DAuria

Orange County Courthouse
425 N. Orange Avenue, Suite 510
Orlando, FL 32810
Phone:
407-742-2418
Fax:
407-835-5079
ADA Duties: Orange County
Mr. William P. Price

2002 Ringling Blvd - 8th Floor
Sarasota, FL 34237
Phone:
941-861-7811
Fax:
941-861-7904
Ms. Kelly Gallman

Court Operations Manager
Osceola County Courthouse
Two Courthouse Square, Suite 6300
Kissimmee, FL 34741
Phone:
407-343-2418
Fax:
407-343-2401
ADA Duties: Osceola County
13th CIRCUIT
10th CIRCUIT
14th CIRCUIT
Mr. Nick Sudzina

Trial Court Administrator
P. O. Box 9000
Bartow, FL 33831
Phone:
863-534-4686
Fax:
863-534-4699
Ms. Robyn Gable

Court Operations Consultant
P. O. Box 1089, 301 McKenzie
Panama City, FL 32402
Phone:
850-747-5338
Fax:
850-747-5717
ADA Duties: Bay County
Ms. Nancy Yanez

Chief Deputy Court Administrator
800 E. Twiggs Street, Room 604
Tampa, FL 33602-3549
Phone:
813-272-6457
Fax:
813-301-3800
Ms. Amber Baggett

Senior Court Program Specialist
P. O. Box 826
Marianna, FL 32447-0826
Phone:
850-482-9844
Fax:
850-482-9123
ADA Duties: Calhoun, Gulf, Holmes,
Jackson, and Washington
Counties
11th CIRCUIT
Ms. Maria E. Mihaic
Human Resources Division
Lawson E. Thomas Courthouse Center
175 N.W. 1st Avenue, Suite 2702
Miami, FL 33128
Phone:
305-349-7354
Fax:
305-349-7355
Page 3
Ms. Kelly Burnett

Criminal Justice Center
101 Bush Boulevard
Sanford, FL 32773
Phone:
407-665-4945
Fax:
407-665-4932
ADA Duties: Seminole County
15th CIRCUIT
Ms. Dominique T. March
Chief of Personnel Services
205 North Dixie Highway
West Palm Beach, FL 33401
Phone:
561-355-2154
Fax:
561-355-6711
19th CIRCUIT
Ms. Corrie Johnson
250 NW Country Club Drive, Suite 217
Port Saint Lucie, FL 34986
Phone:
772-807-4383
Fax:
772-807-4377
16th CIRCUIT
Ms. Cheryl Alfonso
Court Operations Manager
502 Whitehead Street
Key West, FL 33040
Phone:
305-295-3652
Fax:
305-292-3435
20th CIRCUIT
Mr. Jim Sullivan
Operations Division Director
Administrative Office of the Courts
1700 Monroe Street, Suite 1213
Ft. Myers, FL 33901
Phone:
239-533-1521
Fax:
239-533-1757
17th CIRCUIT
Ms. Cheryl Anderson
201 S.E. 6th Street, Room 1000
Ft. Lauderdale, FL 33301
Phone:
954-831-7743
Fax:
954-831-5572
OFFICE OF THE STATE COURTS

ADMINISTRATOR
18th CIRCUIT
Ms. Debbie Howells

Statewide Court ADA Coordinator
500 S. Duval Street
Phone:
850-922-4370
Fax:
850-488-0156
Ms. Susan Phillips

Moore Justice Center
2825 Judge Fran Jamieson Way
Viera, FL 32940
Phone:
321-637-5673
Fax:
321-633-2172
ADA Duties: Brevard County
Page 4

Response To Tad David OSCA General Counsel Florida Disability Discrimination

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Response To Tad David OSCA General Counsel Florida Disability Discrimination

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VIA UPS No.

Thomas A. "Tad" David, General Counsel

Attached/enclosed are the documents I submitted December 10, 2014:

FLORIDA STATE COURTS SYSTEM ADA TITLE II ACCOMMODATION

Email receipt from John Sullivan, jsullivan@circuit5.org Dec-10-2014 @11.54 AM

My email to Mr. Sullivan, jsullivan@circuit5.org Dec-10-2014 @12.49 PM:

Thomas A. "Tad" David, General Counsel

On December 10, 2014 I provided by email @11.37 AM (Exhibit 9) a second time

Thomas A. "Tad" David, General Counsel

Mr. John D. Sullivan

Ms. Nicole Berg

Ms. Peggy Welch

Ms. Lorna Barker

Thomas A. "Tad" David, General Counsel

Thomas A. "Tad" David, General Counsel

ADA Amendments Act of 2008 (ADAAA) Public Law 110-325

Thomas A. "Tad" David, General Counsel

Mission & Vision - from the OSCA website

Vision of the Florida Judicial Branch

To be accessible, the Florida justice system will be convenient, understandable,

To be responsive, it will anticipate and respond to the needs of all members of

Thank you in advance for the courtesy of a response.

Telephone: (352) 854-7807

"Tad David" <davidt@flcourts.org>

Thank you for understanding.

Thomas A. "Tad" David

Dear Mr. David,

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Tad David, General Counsel

Arthur Lee Bentley, U.S. Attorney

----- Original Message ----From: Neil Gillespie

FLORIDA STATE COURTS SYSTEM

ADA TITLE II ACCOMMODATION REQUEST FORM 1

Hernando County-Peggy Welch, Hernando County Courthouse, 20 N. Main Street, Brooksville,

ADA ACCOMMODATIONS PROVIDED BY FLORIDA COURTS

Assistive listening devices

ADA Accommodation Request Form

AIDS/SERVICES COURTS CANNOT ADMINISTRATIVELY GRANT AS ADA

Transportation to and from the courthouse

DOCUMENTATION OF THE NEED FOR AUXILIARY AIDS AND SERVICES

Florida State Courts System

ADA Accommodation Request Form

FLORIDA STATE COURTS SYSTEM TITLE II ADA ACCOMMODATION REQUEST FORM

[ ] Other (please specify): __________________________________________________

8092 SW 115th Loop

Florida State Courts System

ADA Accommodation Request Form

5. Case information (if applicable)

duration of this case.

[ ] probate, guardianship, or mental health

[ ] appellate oral argument

Case management conference

Accommodation requested (please check one of the following six options):

ADA Accommodation Request Form

Counsel Appointment w/o conflict, see

7. Use the Submit Button (immediately following) to send us your request:

THE FOLLOWING SECTION IS TO BE COMPLETED BY COURT PERSONNEL ONLY

If so, describe information: ____________________________________________________

If the request is denied, granted only in part, or if an alternative accommodation is granted,

ADA Accommodation Request Form

[ ] Request is for an aid/service the courts cannot administratively grant as an

Florida State Courts System

ADA Accommodation Request Form