Motion to Disqualif Judge Hale Stancil

8/10/2019 Motion to Disqualif Judge Hale Stancil

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IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT OF FLORIDAIN AND FOR MARION COUNTYCASE NO.: 2013-CA-000115

REVERSE MORTGAGE SOLUTIONS, INC., 42-2013-CA-000115-AXXX-XX

Plaintiff,vs.

NEIL J. GILLESPIE, and NEIL J. GILLESPIEAS SOLE-TRUSTEE OF THE GILLESPIEFAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997, ET AL.

________________________________________/

DEFENDANTS MOTION TO DISQUALIFY JUDGE HALE STANCIL

Complaint to U.S. Department of Justice, Disability Rights Section,[email protected]

Marion County and the Fifth Judicial Circuit openly refuse to obey The Americans WithDisabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as amatter of policy; a deprivation of civil rights under color of law against 18 U.S.C. 242.

DECLARATION OF NEIL J. GILLESPIE

Pursuant to 28 U.S.C. 1746, and Fla. Stat. 92.525, I hereby declare as follows:

1. My name is Neil J. Gillespie, an indigent, disabled nonlawyer reluctantly appearing pro

se for myself and my interests as S OLE TRUSTEE of T HE GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 10, 1997 (Trust).

2. I move to disqualify Judge Hale Stancil under Fla. Stat. 38.10 (Exhibit 1) and Rule

2.330 Fla. R. Jud. Admin. (Exhibit 2) because I fear that I will not receive a fair trial in this

cause because of specifically described prejudice or bias of the judge. The specific grounds in

support of this motion and declaration are as follows:

3. On December 11, 2014 at 5:46 PM I emailed Judge Stancil about telephonic hearings,

how to schedule hearings, court reporters etc. A read receipt shows Judge Stancil acknowledged

Filing # 21743681 Electronically Filed 12/18/2014 05:23:27 AM


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Defendants Motion to Disqualify Judge Hale Stancil

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receiving the email Thursday, December 11, 2014 8:12 PM. Judge Stancil did not respond. No

one responded in his place as of this time. (Exhibit 3).

4. Because Judge Stancil failed to inform me about telephonic hearings, how to schedule

hearings, court reporters etc., I take that to mean I am not able to appear telephonically, I am not

able to schedule motions, and that my court reporter may not be permitted in court.

5. I am an individual with a disability who needs an accommodation in order to participate

in a court proceeding before Judge Hale Stancil, Marion County Judicial Center, 110 N.W. 1st

Avenue, Ocala, FL 34475, Courtroom Number TBD, on December 18, 2014 at 10:00 AM.

6. On December 10, 2014 I submitted my ADA TITLE II Accommodation Request to

[email protected], Judge Stancil, Tameka Gordon, ADA Coordinator, and,

Fifth Circuit Chief Judge Don BriggsFifth Circuit General Counsel and ADA Coordinator Grace FaganMarion County General Counsel for the Clerk and Comptroller Greg HarrellJohn Sullivan, ADA Coordinator, Fifth Circuit, Citrus Co.John Anthony Tomasino, Clerk, Florida Supreme CourtSilvester Dawson, ADA Coordinator, Florida Supreme CourtMcCalla Raymer E-service

Patricia Ann Toro Savitz, Florida Bar CounselBarry Rodney Davidson, attorneyJon Marshall Oden, attorneyFrank Harlan Killgore Jr., attorneyRobert J. Stovash, attorney

7. No one responded to my ADA TITLE II Accommodation Request as of this time. No

accommodations were provided. Therefore I cannot attend the hearing today.

8. 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.


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Defendants Motion to Disqualify Judge Hale Stancil

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9. The ADA TITLE II ACCOMMODATION REQUEST means the,

Americans with Disabilities Act of 1990 (ADA) Public Law 101-336Signed by President George Herbert Walker Bush on July 26, 1990http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990

And Major Amendments to the ADA 1990,

ADA Amendments Act of 2008 (ADAAA) Public Law 110-325Signed by President George W. Bush on September 25, 2008http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008

10. It has recently 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.

11. 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.

12. 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.


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Defendant's Motion to Disqualify Judge Hale Stancil

13 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 3460I.

14. 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 A-2010-12-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

15 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/circuit's

civil procedures, how to schedule a hearing, or provide information on court reporters.

16 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:

"Today I attempted to contact Tameka Gordon by telephone at (352) 401-6701, but wasgreeted by the voice mail of another person. Does Ms. Gordon have another ADAtelephone number? Has Ms. Gordon been replaced as ADA Coordinator by anotherperson? This paragraph is not a records request, but related to the Americans withDisabilities Act, of which you are the ADA Coordinator for the Fifth Judicial Circuit."

FURTHER DECLARANT SAYETH NOT.

Pursuant to Fla. Stat. 92.525, under penalties of perjury, I declare that I have read the foregoingDeclaration and that the facts stated in it are true, or to the best of my knowledge and belief.

Pursuant to 28 U.S.C. 1746(2), I declare under penalty of percorrect. Executed on this 18th day of December, 2014.

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Certificate of ServiceDecember 18, 2014

I certify that the foregoing DEFENDANTS MOTION TO DISQUALIFY JUDGE HALESTANCIL has been furnished to The Honorable Hale R. Stancil, [email protected]., Marion

County Circuit Court; and to the names shown below by e-mail through the Florida Courts E-filing Portal today December 18, 2014.

U.S. Department of Justice, Civil RightsDisability Rights Section, [email protected]

DOJ Criminal, Contact your local FBI field officehttp://www.justice.gov/crt/complaint/#one

The Honorable Don F. Briggs Ms. Grace A. Fagan, General CounselChief Judge, Fifth Judicial Circuit FL Fifth Judicial Circuit, FL, ADA Coordinator

Email: [email protected] E-mail: [email protected]

Mr. Curtis Wilson, Esq. Ms. Tameka Gordon, ADA Coordinator McCalla Raymer, LLC, Marion County, Fifth Circuit, FloridaEmail: [email protected] Email: [email protected]

Ms. Jane Bond, Managing Partner Ms. Robyn Katz, Managing Partner McCalla Raymer LLC McCalla Raymer LLCEmail: [email protected] Email: [email protected]

Ms. Patricia Ann Toro Savitz Mr. Barry R. Davidson (for Respondent)

The Florida Bar Hunton & Williams LLPEmail: [email protected] Email: [email protected]

Mr. Jon M. Oden, Investigating Member Mr. Frank H. Killgore Jr., Investigating Member Ball Janik L.L.P. Killgore, Pearlman, Stamp, Ornstein & SquiresEmail: [email protected] Email: [email protected]

Mr. Robert J. Stovash, Chair Stovash, Case & Tingley, P.A.Email: [email protected]

RESPECTFULLY SUBMITTED December 18, 2014.

NEIL J. GILLESPIE8092 SW 115th Loop Phone: 352-854-7807Ocala, Florida 34481 Email: [email protected]


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Select Year:

The 2014 Florida Statutes

Title VJUDICIAL BRANCH

Chapter 38JUDGES: GENERAL PROVISIONS

View Entire Chapter

38.10 Disqualification of judge for prejudice; application; affidavits; etc. Whenever a party to anyaction or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in thecourt where the suit is pending on account of the prejudice of the judge of that court against the applicant orin favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in themanner prescribed by the laws of this state for the substitution of judges for the trial of causes in which thepresiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that anysuch bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavit

and application are made in good faith. However, when any party to any action has suggested thedisqualification of a trial judge and an order has been made admitting the disqualification of such judge andanother judge has been assigned and transferred to act in lieu of the judge so held to be disqualified, thejudge so assigned and transferred is not disqualified on account of alleged prejudice against the party makingthe suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds that itis then a fact that he or she does not stand fair and impartial between the parties. If such judge holds, rules,and adjudges that he or she does stand fair and impartial as between the parties and their respectiveinterests, he or she shall cause such ruling to be entered on the minutes of the court and shall proceed topreside as judge in the pending cause. The ruling of such judge may be assigned as error and may be reviewedas are other rulings of the trial court.

History. s. 4, ch. 7852, 1919; RGS 2674; s . 1, ch. 9276, 1923; CGL 4341; s . 3, ch. 83-260; s. 212, ch. 95-147.

Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0038/Sections/0038.10.html

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July 17, 2014 Florida Rules of Judicial Administration 75

(d) Waiver. The Florida Court Education Council is responsible forestablishing a procedure for considering and acting upon waiver and extensionrequests on an individual basis.

(e) Reporting Requirements and Sanctions. The Florida CourtEducation Council shall establish a procedure for reporting annually to the chief

justice on compliance with this rule. Each judge shall submit to the CourtEducation Division of the Office of the State Courts Administrator an annualreport showing the judg es attendance at approved courses. Failure to comply withthe requirements of this rule will be reported to the chief justice of the Floridasupreme court for such administrative action as deemed necessary. The chief

justice may consider a judges or justices failure to comply as neglect of duty andreport the matter to the Judicial Qualifications Commission.

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(a) Application. This rule applies only to county and circuit judges in allmatters in all divisions of court.

(b) Parties. Any party, including the state, may move to disqualify thetrial judge assigned to the case on grounds provided by rule, by statute, or by theCode of Judicial Conduct.

(c) Motion. A motion to disqualify shall:

(1) be in writing;

(2) allege specifically the facts and reasons upon which the movantrelies as the grounds for disqualification;

(3) be sworn to by the party by signing the motion under oath or bya separate affidavit; and

(4) include the dates of all previously granted motions to disqualify

filed under this rule in the case and the dates of the orders granting those motions.

The attorney for the party shall also separately certify that the motion andthe clients statements are made in good faith. In addition to filing with th e clerk,the movant shall immediately serve a copy of the motion on the subject judge asset forth in Florida Rule of Civil Procedure 1.080.

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(d) Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial orhearing because of specifically described prejudice or bias of the judge; or

(2) that the judge before whom the case is pending, or some personrelated to said judge by consanguinity or affinity within the third degree, is a partythereto or is interested in the result thereof, or that said judge is related to anattorney or counselor of record in the cause by consanguinity or affinity within thethird degree, or that said judge is a material witness for or against one of the partiesto the cause.

(e) Time. A motion to disqualify shall be filed within a reasonable timenot to exceed 10 days after discovery of the facts constituting the grounds for the

motion and shall be promptly presented to the court for an immediate ruling. Anymotion for disqualification made during a hearing or trial must be based on factsdiscovered during the hearing or trial and may be stated on the record, providedthat it is also promptly reduced to writing in compliance with subdivision (c) and

promptly filed. A motion made during hearing or trial shall be ruled onimmediately.

(f) Determination Initial Motion. The judge against whom an initialmotion to disqualify under subdivision (d)(1) is directed shall determine only thelegal sufficiency of the motion and shall not pass on the truth of the facts alleged.

If the motion is legally sufficient, the judge shall immediately enter an ordergranting disqualification and proceed no further in the action. If any motion islegally insufficient, an order denying the motion shall immediately be entered. Noother reason for denial shall be stated, and an order of denial shall not take issuewith the motion.

(g) Determination Successive Motions. If a judge has been previously disqualified on motion for alleged prejudice or partiality undersubdivision (d)(1), a successor judge shall not be disqualified based on asuccessive motion by the same party unless the successor judge rules that he or sheis in fact not fair or impartial in the case. Such a successor judge may rule on thetruth of the facts alleged in support of the motion.

(h) Prior Rulings. Prior factual or legal rulings by a disqualified judgemay be reconsidered and vacated or amended by a successor judge based upon amotion for reconsideration, which must be filed within 20 days of the order of


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disqualification, unless good cause is shown for a delay in moving forreconsideration or other grounds for reconsideration exist.

(i) Judges Initiative. Nothing in this rule limits the judges authori ty toenter an order of disquali fication on the judges own initiative.

(j) Time for Determination. The judge shall rule on a motion todisqualify immediately, but no later than 30 days after the service of the motion asset forth in subdivision (c). If not ruled on within 30 days of service, the motionshall be deemed granted and the moving party may seek an order from the courtdirecting the clerk to reassign the case.

PART IV. JUDICIAL PROCEEDINGS AND RECORDS

RULE 2.410. POSSESSION OF COURT RECORDS

No person other than judges and authorized court employees shall removecourt records as defined in rule 2.430 from the clerks office except by order of thechief judge or chief justice upon a showing of good cause.

Court Commentary

1996 Adoption. This rule was written as a result of the problems being encountered in the removal of filesfrom clerks offices. While the purpose of the rule is to discourage the removal of court files, it is not intended to

prohibit chief judges or the chief justice from issuing for good cause a general order providing that attorneys orauthorized individuals may be allowed to check out files on a routine basis to assist in the administrative efficiency

of a court. We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerksoffices.

RULE 2.420. PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS

(a) Scope and Purpose. Subject to the rulemaking power of the FloridaSupreme Court provided by article V, section 2, Florida Constitution, the followingrule shall govern public access to the records of the judicial branch of government.The public shall have access to all records of the judicial branch of government,except as provided below.

(b) Definitions.

(1) Records of the judicial branch are all records, regardless of physical form, characteristics, or means of transmission, made or received inconnection with the transaction of official business by any judicial branch entityand consist of:


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Neil Gillespie

From: "Neil Gillespie" To: "Hon. Hale R Stancil" Cc: "Hon. Don F Briggs" ; "McCalla Raymer E-service"

; "Greg Harrell" ; "TamekaGordon, ADA Coordinator" ; "Grace Ann Fagan" ;"Patricia Ann Toro Savitz" ; "Barry Rodney Davidson"; "John Marc Tamayo" ; "Robert J. Stovash"; "Frank Harlan Killgore Jr." ; "Jane Bond"; "Robyn Katz" ; "Neil Gillespie"

Sent: Thursday, December 11, 2014 5:46 PM Attach: sc09-1487.pdf; 2014, 11-17-14, Notice of Hearing-CMC-NJG.pdf; ADA Amendments Act of 2008 -

Wikipedia.pdf; CFM70514 - Court Reporter.pdf; Letter to United Nations-May-18-2014-Gillespie.pdf;Rep Cummings Letter to FHFA IG Linick.pdf

Subject: practice preferences and other such

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The Honorable Hale R. StancilMarion County Judicial Center110 N.W. 1st AvenueOcala, FL 34475

RE: Reverse Mortgage Solutions, Inc., vs. Neil J. Gillespie, et al., Case No. 13-115-CAT, MarionCounty Circuit Court

Dear Judge Stancil:

Good afternoon, Your Honor.

For some time I have sought information as to your practice preferences regarding telephonic hearings,how to schedule hearings, court reporters etc. Often this information is found on a preference page forthe judge. I think this is a good idea because it provides equal access to the information among parties,and reduces what has become an extraordinary amount of effort on my part to obtain for thisinformation, which is still unknown to me.

Due to my unfamiliarity with this court and circuit, and disability, I require this information in writing,so I can refer back to refresh my memory, which is poor. Unfortunately I do not have an email addressfor your fine Judicial Assistant, Ms. Starling, or I would have contacted her.

So with no other alternative that I know of, I am contacting you directly, which is awkward and mayappear as ex parte communication. So I am providing a copy of this email to Mr. Wilson and McCallaRaymer LLC. Of course, you are free to take any action, or no action, regarding my request forinformation, or with regard to your preference practices. That goes without saying, and is within a

judges sole discretion, not mine.

Attached you will find confirmation of my court reporters appearance for the hearing December 18,2014. I require all hearings and proceedings transcribed as a disability accommodation as I cannot recallsufficiently to effectively participate in court proceedings otherwise.

On information and belief, the Fifth Circuit does not comply with the ADA Amendment Act of 2008,http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008 and neither Ms. Fagan, nor Chief JudgeBriggs has responded on that issue. So it looks like outside effort is required, either through the Floridacourts, the federal judiciary, or a federal executive action.

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Unfortunately matters involving me appear to present political questions, and not legal questions for acourt to hear, and therefore are not justicable under the political question doctrine.http://en.wikipedia.org/wiki/Political_question

The political question doctrine issue reaches beyond the courts of the United States, see attached myunanswered letter to the United Nations.

Later today I plan to file a motion(s) to quash the hearing set for December 18, 2014 for, inter alia ,failure of the Plaintiff to include the correct ADA language on the notice of hearing, which is clearly notin compliance with the requirements of Supreme Court Order No. SC09-1487. A courtesy copy ofSC09-1487, and Plaintiffs defective notice of hearing, are attached. Unfortunately McCalla RaymerLLC is notorious for misconduct as shown in this case and the Bar Complaint of Neil J. Gillespie againstDanielle Nicole Parsons, The Florida Bar File No. 2014-30,525 (09A), which is a problem generallywith foreclosure mills, see attached the letter of U.S. Congressman Cummings to The Honorable SteveA. Linick, former Inspector General of the Federal Housing Finance Agency.

The foregoing has considerably impeded my ability to prepare for the hearing, and case in chief, whichrequires many additional filings, affidavits or declarations, and other such. Here is a link to the Florida

Commission on Access to Civil Justice, which is long overdue. http://www.flaccesstojustice.org/ #

Thank you in advance for the courtesy of a response, if you care to provide one.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Telephone: 352-854-7807Email: [email protected]

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Neil Gillespie

From: "Stancil, Hale" To: "Neil Gillespie" Sent: Thursday, December 11, 2014 8:12 PM

Attach: ATT00003.txtSubject: Read: practice preferences and other such

Page 1 of 1

Your message

To: Stancil, HaleSubject: practice preferences and other suchSent: Thursday, December 11, 2014 5:46:19 PM (UTC-05:00) Eastern Time (US & Canada)

was read on Thursday, December 11, 2014 8:12:39 PM (UTC-05:00) Eastern Time (US & Canada).

Documents

Motion to Disqualif Judge Hale Stancil