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STATE OF FLORIDA

HON . .J. PRESTON SILVERNAIL CHAIR BROOKE S. KENNERLY EXECLmVE DIRECTOR MICHAEL L. SCHNEIDER GENERAL COUNSEL

~UDICIAL

QUALIFICATIONS COMMISSION
I I 10 THOMASVILLE ROAD

TALLAHASSEE. FLORIDA 32303-6224


(850) 488- I 58 I

January 24,2013 Neil J. Gillespie 8092 SW 115 th Loop Ocala, FL 34481 Re:
Docket No. 12554, Judge Cook

Dear Mr. Gillespie: The Commission has completed its review of your complaint in the above matter and has determined, at its meeting held on Thursday, January 17,2013, that the concerns you have expressed are not allegations involving a breach of the Code of Judicial Conduct warranting further action by the Commission. The purpose of the Commission is to determine the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. If such misconduct or disability is found, the Commission can recommend disciplinary action to the Florida Supreme Court. The Commission has found no basis for further action on your complaint that therefore has been dismissed. Sincerely yours,

Michael L. Schneider General Counsel MLSjbsk

VIA U.P.S. No. 1Z64589FP295824266 Brooke S. Kennerly, Executive Director Michael Schneider, General Counsel Florida Judicial Qualifications Commission 1110 Thomasville Road Tallahassee, FL 32303-6224

November 26, 2012

RE: Docket No. 10495, Judge Martha Jean Cook, Hillsborough County, Florida Dear Ms. Kennerly and Mr. Schneider: In reply to Mr. Schneiders letter of January 7, 2011 (copy enclosed), there is new information and evidence showing the existence of judicial misconduct and disability by Judge Martha Cook, misconduct and disability as defined by the Constitution and the laws of the State of Florida. A letter to me dated January 12, 2011 from Major James Livingston, Commander of the Court Operations Division, Hillsborough County Sheriffs Office (HCSO), shows Judge Cook lied in open court September 28, 2010 and engaged in dishonesty during hearings on Defendants Motion for Final Summary Judgment and Motion for Civil Contempt and Writ of Bodily Attachment, in my lawsuit Gillespie v. Barker, Rodems & Cook, PA, et al, no. 05-CA-7205. Major Livingstons letter states in part: (copy enclosed) In response to your letter dated November 13, 2010, I made contact with Deputy Christopher E. Brown concerning your request for an explanation regarding why he escorted you out of the courthouse on September 28, 2010 after a hearing with Judge Martha Cook. Deputy Brown advised that the Judge ordered you to leave after a disruption in the courtroom. He stated that he followed you to the front door as you exited the building without assistance. Other than the official records maintained by the Court, I am not aware of any other records related to the hearing before Judge Cook. The above statement impeaches Judge Cook, who made this statement on the record: Transcript, September 28, 2010, Page 19. 5 [THE COURT] You can make a record. I did have your 6 motion, it was noticed for today. As you know, 7 this is a Motion for an Order of Contempt and 8 Writ of Bodily Attachment. And let the record 9 reflect that Mr. Gillespie elected to leave 10 even though he was advised that the hearing 11 would continue in his absence. A thirty-one (31) page transcript of the September 28, 2010 hearing is part of the record and

Brooke S. Kennerly, Executive Director Michael Schneider, General Counsel Florida Judicial Qualifications Commission

November 26, 2012 Page - 2

shows a time of 11:04 a.m. through 11:28 a.m. The transcript shows Judge Cook ordered me removed from the courtroom at page 5, line 11, which removal is memorialized by Major Livingtsons letter showing the statement of HCSO Deputy Christopher E. Brown. Judge Cook ordered me removed following an oral motion to disqualify her, after I informed the Judge that she was a Defendant in Gillespie v. Thirteenth Judicial Circuit, FL, et al, 5:10-cv-503, U.S. District Court, M.D.Fla, Ocala Div. This lawsuit is a section 1983 civil rights and ADA disability case. I attempted to provide Judge Cook a copy of the Complaint, which cover page is Clerk-stamped 2010 SEP 28 AM 7:47 but she refused, so I left a copy on the plaintiffs table. (copy enclosed of the cover page in 5:10-cv-503). The transcript shows that two additional hearings continued ex parte without my presence, and without counsel representing me. The transcript shows Defendants Motion for Final Summary Judgment was heard ex parte, pages 5-16. The transcript shows Defendants Motion for Civil Contempt and Writ of Bodily Attachment was heard ex parte, pages 17-25. Both motions were granted in favor of Mr. Rodems for the Defendants, Rodems law firm and partner Mr. Cook. Evidence of Judge Cooks judicial misconduct and disability is not limited to lying in open court and making improper ex parte rulings. The transcript shows Judge Cook immediately signed, without review, a six page Order on Final Summary Judgment As To Count I prepared in advance of the hearing by Mr. Rodems, suggesting the decision was a foregone conclusion. Transcript, September 28, 2010, pages 15-16. 24 [MR. RODEMS] And we have brought with us today, Your 25 Honor, a proposed Final Summary Judgment as to 1 Count One along with the appropriate copies and 2 postage, pre-paid envelopes. In the event that 3 the order is not satisfactory and you'd like us 4 to send over a CD with this version on it so it 5 can be modified, we can certainly do that. 6 But, we would ask you to review that and 7 consider entering that. Thank you. 8 THE COURT: I've signed the order. I will 9 have the original document with the clerk and 10 conform copies and mail it. Judge Cooks immediate signature and entry of Mr. Rodems six page proposed Order without reading, let alone sufficient review, makes it impossible to determine her reasoning process because there is no independent authorship. Mr. Rodems proposed Order contains many factual errors, facts disputed in Plaintiffs First Amended Complaint submitted May 5, 2010 which was not considered, Plaintiffs Motion For Summary Judgment with affidavit in support, submitted April 25, 2006, set for hearing August 1, 2006 at 3.45 p.m. but postponed not heard, and false

Brooke S. Kennerly, Executive Director Michael Schneider, General Counsel Florida Judicial Qualifications Commission

November 26, 2012 Page - 3

and misleading legal arguments rejected by Order of Judge Richard Nielsen January 13, 2012, matters decided res judicata which cannot be raised again. Judge Cook abdicated her role as judge, and improperly turned the role of judge over to Mr. Rodems. Deciding between competing adversarial positions is at the core of judicial function, which is impossible during an ex parte hearing. This fundamental obligation cannot be discharged without the judge conducting an independent analysis, and articulating it independently in form of judicial authorship. That is the role and function of a judge, not opposing counsel ex parte. Some time ago the JQC investigated the Hon. Gregory P. Holder (Inquiry No. 02-487) for allegedly plagiarizing 10 pages of a 21 page research report to the Faculty of the Air War College. Judge Cook did more than mere plagiarizing, she entered a six page Order on Final Summary Judgment As To Count I prepared by opposing counsel as her own judicial authorship in her role as circuit court judge while presiding over litigation assigned to her as judge. Judge Cook, in her Order Adjudging Plaintiff Neil J. Gillespie In Contempt entered September 30, 2010, stated at footnote 1 Prior to this motion being heard, the Court heard Defendants motion for summary judgment. During that hearing, Plaintiff Neil J. Gillespie voluntarily left the hearing and did not return. This false statement by Judge Cook shows the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. The order itself contains a concoction of Mr. Rodems false statements presented ex parte. Prior Complaint about Judge Martha Cook, JQC Docket No. 10495 - October 5, 2010 My prior complaint about Judge Cook, JQC Docket No. 10495 consisted of seven submissions: October 5, 2010, initial complaint, with completed, sworn and signed JQC complaint form, which included two additional affidavits showing Judge Cooks misconduct and crimes. October 16, 2010, follow-up letter about the federal lawsuit, 5:10-cv-503. November 3, 2010, follow-up letter, which included five additional affidavits showing Judge Cooks misconduct and criminal acts. November 4, 2010, follow-up letter about the federal lawsuit, 5:10-cv-503. November 12, 2010, follow-up letter, Judge Cook is insolvent, family bank under FDIC/OFR consent order, specific bias against a particular class of parties, nonlawyer pro se litigants. November 19, 2010, follow-up letter, Petition for Writ of Prohibition, case no. 2D10-5529, letter to John Alcorn, Office of Financial Regulation, re Judge Cooks business partner, DOJ. November 20, 2010, follow-up letter, Petition for Writ of Prohibition, case no. 2D10-5529.

My prior complaint submitted October 5, 2010 to the JQC about Judge Cook complained on page 3, paragraph 9, that Judge Cook ordered me removed from the hearing September 28, 2010, and Judge Cook lied and created a false record to show I left voluntarily:

Brooke S. Kennerly, Executive Director Michael Schneider, General Counsel Florida Judicial Qualifications Commission

November 26, 2012 Page - 4

9. September 28, 2010 I commenced Gillespie v. 13th Circuit, et al, Case No. 5:10-cv503- oc-WTH-DAB. At a hearing later that day before Judge Cook, she refused to recuse herself after I provided a copy of the complaint. Judge Cook had me removed from the hearing, and then unlawfully continued the hearing without me, and unlawfully continued to make rulings and issue orders against me. A transcript of the hearing is being prepared. In a subsequent contempt order against me, Judge Cook wrote that I left the hearing voluntarily. This is false - I was removed from the hearing by Judge Cook and escorted from the courthouse by bailiff C.E. Brown of the Hillsborough County Sheriffs Office. Upon information and belief, the September 28, 2010 statements by Judge Cook, now impeached by Major Livingtsons letter of January 12, 2011 and statement of HCSO Deputy Christopher E. Brown, show Judge Cook falsified the record (and later falsified an order adjudging contempt) to show that I left the hearing voluntarily. Upon information and belief, Judge Martha J. Cook knowingly and willfully, with malice aforethought, falsified a record in violation of chapter 839, Florida Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed in any judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed in any court or falsify any minutes or any proceedings whatever of or belonging to any public office within this state the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. My complaint of October 5, 2010 alleged the following crimes committed by Judge Cook, crimes which if proven show the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida: 6. July 22, 2010 Judge Cook issued an order that created a false record about a prior order of Judge Nielsen on the disqualification of counsel Mr. Rodems. Judge Cook's false record is in violation of chapter 839, Florida Statutes, section 839.13(1); chapter 838 Florida Statutes, section 838.022; and chapter 837 Florida Statutes, section 837.06 False official statements. See Affidavit of Neil J. Gillespie, copy enclosed. (pp. 2-3) [NOTE: My affidavit shows Judge Martha J. Cook knowingly and willfully, with malice aforethought, falsified a record in violation of chapter 839, Florida Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed in any judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed in any court the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. My affidavit shows Judge Martha J. Cook knowingly and willfully, with malice aforethought, engaged in official misconduct to harm Neil Gillespie and benefit Ryan Christopher Rodems and his clients, by falsifying an official record or

Brooke S. Kennerly, Executive Director Michael Schneider, General Counsel Florida Judicial Qualifications Commission

November 26, 2012 Page - 5

official document as described in this affidavit, to deny Gillespie due process, in violation of the Misuse of Public Office statute, chapter 838 Florida Statutes, section 838.022 Official misconduct. (1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to: (a) Falsify, or cause another person to falsify, any official record or official document; (3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. My affidavit shows Judge Martha J. Cook knowingly and willfully, with malice aforethought, made a false statement in writing with the intent to mislead a public servant, Pat Frank, Clerk of the Circuit Court, in the performance of her official duty, in violation of the perjury statute, chapter 837 Florida Statutes, section 837.06 False official statements. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.] 7. July 29, 2010 Judge Cook falsified the record about a panic attack I suffered July 12, 2010 while attending a hearing before her in "Notice Of Case Management Status and Orders On Outstanding Res Judicata Motions" and "Notice Of Court-Ordered Hearing On Defendants' For Final Summary Judgment". See Affidavit of Neil J. Gillespie, copy enclosed. (p.3). [NOTE: My affidavit showed Judge Martha J. Cook knowingly and willfully, with malice aforethought, falsified a record in violation of chapter 839, Florida Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed in any judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed in any court or falsify any minutes or any proceedings whatever of or belonging to any public office within this state the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.] Judge Cooks Disability-based Hostility and Discrimination Toward Gillespie My complaint submitted October 5, 2010 to the JQC alleged on page 3, 8 that Judge Cook was biased toward me on the basis of disability, and had a personal conflict on matters of disability: 8. Both Judge Cook and the 13th Circuit have denied my request for accommodation under the ADA - Americans With Disabilities Act. Judge Cook has a personal conflict on matters of disability, her daughter is disabled, see Plaintiffs Motion To Disqualify Judge Martha J. Cook, filed July 23, 2010; denied by Judge Cook July 27, 2010.

Brooke S. Kennerly, Executive Director Michael Schneider, General Counsel Florida Judicial Qualifications Commission

November 26, 2012 Page - 6

The transcript also shows Judge Cook disparaged, humiliated and discriminated against me on the basis of disability in open court: Transcript, September 28, 2010, page 4 14 15 16 17 [THE COURT] ... The last proceedings you feigned illness. You left this courtroom MR. GILLESPIE: No, I did not feign illness.

The foregoing judicial misconduct and disability by Judge Cook as defined by the Constitution and the laws of the State of Florida concerns the following: Lied and was dishonest in judicial proceedings before her, and created a false record. Abdicated her role as judge, and improperly allowed opposing counsel a judicial role. Entered as her own authorship a six page order prepared by opposing counsel. Violated criminal law, 837.06, 838.022, 839.13(1), to favor and assist opposing counsel in judicial proceedings before her, and to harm me and my cause. Disparaged, humiliated and discriminated against me on the basis of disability. My complaint against Judge Cook is not about her rulings in my case, or her failure to disqualify herself. That misconduct, even if done with malicious intent, is not a matter for the JQC. When can I expect the JQC to investigate Judge Cook for the existence ofjudicial misconduct and disability as defined by the Constitution and the laws of the State of Florida? Thank you. Sincerely,

Enclosures

STATE OF FLORIDA

JUDICIAL QUALIFICATIONS COMMISSION

1110 THOMASVILLE ROAD TALLAHASSEE, FLORIDA 32303-6224 (850) 488-1581

January 7, 2011 Mr. Neil J. Gillespie 8092 SW 115 th Loop Ocala, FL 34481

Re:

Docket No. 10495, Judge Cook

Dear Mr. Gillespie: In response to your letter of January 6, 2011, please be advised that the Commission completed its review of your complaint in the above matter and determined, at its meeting held on Thursday, November 18, 2010, that the concerns you have expressed are not violations of the Code of Conduct warranting further action by the Commission. The purpose of the Commission is to determine the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. If such misconduct or disability is found, the Commission can recommend disciplinary action to the Florida Supreme Court. The Commission has found no basis for further action on your complaint that therefore has been dismissed.

Sincerely yours,

Michael L. Schneider General Counsel ;lV!LSjbsk

David Gee, Sheriff


Jose Docobo, ChiefDeputy
Hillsborough County
Tampa, Florida 33601

Po. Box 3371 Phone (813)247-8000 www.hcso.tampa.jl.us

January 12,2011

Mr. Neil J. Gillespie 8092 SW l1S th Loop Ocala, Florida 34481 Dear Mr. Gillespie: In response to your letter dated November 13,2010, I made contact with Deputy Christopher E. Brown concerning your request for an explanation regarding why he escorted you out of the courthouse on September 28, 2010 after a hearing with Judge Martha Cook. Deputy Brown advised that the Judge ordered you to leave after a disruption in the courtroom. He stated that he followed you to the front door as you exited the building without assistance. Other than the official records maintained by the Court, I am not aware of any other records related to the hearing before Judge Cook. As we discussed on the telephone today, you expressed some concern over your personal safety while in the courthouse due to a disability and due to a potential threat from opposing counsel. Please let me know the date and time of your next visit to the courthouse and we will take action to help ensure a safe and orderly visit. Please feel free to contact me with any additional questions or concerns. Sincerely,

James P. Livingston, Major


Court Operations Division

Case 5:10-cv-00503-WTH-DAB Document 1

Filed 09/28/10 Page 1 of 39