complaint to inspector general greg white, clerk david ellspermann
TRANSCRIPT
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
1/33
VIA email [email protected] November 17, 2014VIA email [email protected]
Greg White, Inspector GeneralOffice of Inspector General, State Courts System
Supreme Court Building500 South Duval StreetTallahassee, FL 32399-1925
Dear Inspector General Greg White:
This complaint is made under the Florida State Courts System Fraud Policy against,
1. David R. Ellspermann, Clerk of the Circuit Court, Marion County Florida, Fifth JudicialCircuit. Mr. Ellspermann is also the Comptroller for Marion County.
2. Katherine Piccin Glynn, Fla. Bar ID: 64350, attorney for Clerk Ellspermann.
3. Florida Courts E-filing Portal, the e-access to court files function for pro se.
Authority for Clerks of the Circuit Courts is found in Article 5, Section 16, of the FloridaConstitution. Chapter 28 of the Florida Statutes governs Clerks of the Circuit Courts.
Currently I am reluctantly appearingpro seto defend the wrongful foreclosure of my home.I cannot obtain adequate counsel. The case is Reverse Mortgage Solutions, Inc. v. Neil J.Gillespie, et al., case no. 2013-CA-115. The Honorable Hale R. Stancil is the presiding judge.
The Clerk is required to provide ministerial assistance under section 28.215, Florida Statutes.
On June 20, 2014 I wrote Clerk Ellspermann, The Florida Bar News reported June 15, 2014,Pro se e-filing gets the green light. Please consider this my request to register to e-file.
On June 20, 2014 at 2:43 AM I emailed Ms. Glynn, The Florida Bar News reported June 15,2014, "Pro se e-filing gets the green light". Please consider this my request to register to e-file.
On June 20, 2014 at 9:29 PM I emailed Clerk Ellspermann and Ms. Glynn a PDF copy of myletter to Clerk Ellspermann and request to register to e-file. The paper letter was delivered toClerk Ellspermann on June 23, 2014 at 11:54 AM and signed by Hanson for the Clerk.
As of today, neither Clerk Ellspermann nor Ms. Glynn have responded to my letter or email, or
to my written request to register to e-file. Clerk Ellspermann and Ms. Glynn denied me Access toCourts, Art. I 21 Fla. Const., Due Process, Art. I 9 Fla. Const., and Basic Rights, Art. I 2,Fla. Const. Clerk Ellspermann and Ms. Glynn also willfully deprived me of corresponding rightsor privileges protected by the Constitution or laws of the United States, violating 18 USC 242.
Recently John Tomasino, Clerk of the Florida Supreme Court, granted me permission to e-file inanother case, SC14-1637, and I successfully registered for the account on September 11, 2014.However that permission does not include e-access, the ability to view court documents online.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
2/33
Greg White, Inspector General November 17, 2014Office of Inspector General, State Courts System Page - 2
Therefore I invoke the authority of the Inspector General for the State Courts System, section
20.055(6), Florida Statutes, under the Florida State Courts System Fraud Policy, to investigateand eradicate fraud, waste, mismanagement, misconduct, and other abuses in Marion County byand through Clerk David R. Ellspermann, Ms. Katherine Piccin Glynn, and the E-filing Portal.
Authority for the Inspector General, State Courts System
Section 20.055, Florida Statutes, Agency inspectors general.(1) As used in this section, the term:
(d) State agency means... the state courts system.
(2) The Office of Inspector General is established in each state agency to provide acentral point for coordination of and responsibility for activities that promoteaccountability, integrity, and efficiency in government....
Florida State Courts System Fraud Policy
VI. Investigation of Allegations of Frauda. Authority to Investigate Allegations of Fraud
i. The IG is authorized under section 20.055(6), Florida Statutes, to initiate, conduct, supervise,and coordinate investigations designed to detect, deter, prevent and eradicate fraud, waste,mismanagement, misconduct, and other abuses in state government. The IG is also authorized toreceive and investigate complaints filed pursuant to the Whistle-blowers Act in section112.3187-112.31895, Florida Statutes. The IG shall refer complaints involving judges, attorneysor other licensed or regulated individuals to the appropriate oversight or regulatory body forinvestigation and determination of probable cause.
ii. In the course of investigating fraud, suspected fraud or other wrong-doing within the scope ofthis policy, the IG shall have free and unrestricted access to all records and premises required toevaluate allegations. When investigating fraud, suspected fraud or other wrong-doing within thescope of this policy, the IG may inspect, examine, copy or remove SCS records and propertywithout prior consent of any individual who may have custody of such items.
Clerk David R. Ellspermann violated his oath of office
David R. Ellspermann swore an oath of office in the state of Florida on October 2, 2012 asrequired by Article II, Section 5(b), of the Florida Constitution.
ARTICLE II, GENERAL PROVISIONS, SECTION 5. Public officers.
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitutionand Government of the United States and of the State of Florida; that I am duly qualifiedto hold office under the Constitution of the State, and that I will well and faithfullyperform the duties of Clerk of Circuit Court on which I am now about to enter, so helpme God.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
3/33
Greg White, Inspector General November 17, 2014Office of Inspector General, State Courts System Page - 3
A copy of David R. Ellspermanns oath of office October 2, 2012 is enclosed. On information
and belief, Clerk Ellspermann did not will well and faithfully perform the duties of Clerk ofCircuit Court, and his failure to do so is a violation of the Constitution and Government of theUnited States and of the State of Florida. Clerk Ellspermanns malfeasance, misfeasance ornonfeasance would cause an ordinary person to question his fitness to hold public office.
On information and belief, attorney Katherine Piccin Glynn is required by F.S. 876.05 to take apublic employee oath, in substantially this form:
I, Katherine Piccin Glynn, a citizen of the State of Florida and of the United States ofAmerica, and being employed by David Ellspermann, Clerk of the Circuit Court, and arecipient of public funds as such employee, do hereby solemnly swear or affirm that Iwill support the Constitution of the United States and of the State of Florida.
Currently I do not have a copy of Ms. Glynns public employee oath required by F.S. 876.05,and I do not know whether or not she has executed a public employee oath.
On information and belief, Ms. Glynn failed to support the Constitution of the United States andof the State of Florida in the course of her employment.
Please note, this is not a Florida Bar complaint against Ms. Glynn, nor do I want this complaintso construed. Complaints to The Florida Bar are useless in most ways and do not protect people.
E-Filing and the Florida Courts E-Filing Portal
E-filing through the Florida Courts E-Filing Portal is the most efficient way to access the courts.
The Florida Constitution, Article I, Section 21, guarantees every person access to courts forredress of any injury, where justice shall be administered without sale, denial or delay.
SECTION 21. Access to courts.The courts shall be open to every person for redress ofany injury, and justice shall be administered without sale, denial or delay.
Under section 454.18 of the Florida Statutes, any person, whether an attorney or not . . . mayconduct his or her own cause in any court of this state.
The First Amendment to the Constitution of the United States guarantees every person a right topetition the Government for a redress of grievances.
Congress shall make no law respecting an establishment of religion, or prohibiting thefree exercise thereof; or abridging the freedom of speech, or of the press; or the right ofthe people peaceably to assemble, and to petition the Government for a redress ofgrievances
http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
4/33
Greg White, Inspector General November 17, 2014Office of Inspector General, State Courts System Page - 4
The Florida Constitution, Article I, Section 9, guarantees every person due process.
SECTION 9. Due process.No person shall be deprived of life, liberty or propertywithout due process of law, or be twice put in jeopardy for the same offense, or be
compelled in any criminal matter to be a witness against oneself.
Due Process, Legal Information Institute, article written and submitted by Peter Strauss.
The Constitution states only one command twice. The Fifth Amendment says to thefederal government that no one shall be "deprived of life, liberty or property without dueprocess of law." The Fourteenth Amendment, ratified in 1868, uses the same elevenwords, called the Due Process Clause, to describe a legal obligation of all states. Thesewords have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures... Introduction.
http://www.law.cornell.edu/wex/due_process
The Florida Constitution, Article I, Section 2, guarantees every person Basic Rights.
SECTION 2. Basic rights.All natural persons, female and male alike, are equal beforethe law and have inalienable rights, among which are the right to enjoy and defend lifeand liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess andprotect property; except that the ownership, inheritance, disposition and possession ofreal property by aliens ineligible for citizenship may be regulated or prohibited by law.No person shall be deprived of any right because of race, religion, national origin, orphysical disability.
I also requested e-filing as an accommodation for disability but got no response.
The Americans with Disabilities Act (ADA), 42 U.S.C. sec. 12101 et seq.Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
As of today, neither Clerk Ellspermann nor Ms. Glynn have responded to my letter or email, orto my written request to register to e-file. Their failure to respond is a violation of the publictrust, reflects discredit upon the justice system, and is a breakdown in the rule of law.
E-access to view court files online not available in Marion County or Florida Supreme CourtSupremacy Clause issue with the federal PACER system
E-filing is only one-half of e-access to courts. The other half is e-access to court files, whichI was not granted permission. In other words, I can not look at court documents online. CurrentlyI must go to the courthouse and view the file, which is costly and time-consuming. As noted inmy correspondence to Clerk Ellspermann and Ms. Glynn, the Clerks hours are limited, the
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
5/33
Greg White, Inspector General November 17, 2014Office of Inspector General, State Courts System Page - 5
machines needed to view court files are antiquated, user manuals or written instructions are not
available, and therefore impossible for me to use due to disability. See the enclosed emails.
E-access is only available in certain counties in the state, and not in Marion County. E-accessis also extraordinary expense because the Clerk charge $1 per page in advance for court records.
The federal courts PACER system charges .10 ten cents a copy, with a $3.00 maximum chargeper document. I have had a PACER account in good standing since 1999. Viewing court recordsonline is vital, especially when opposing counsel files false information in a case to deprive thepro se litigant the right of due process and redress of grievances.
PACER has been the standard for Public Access to Electronic Court Records for the past twentyfive years. PACER is an electronic public access service of United States federal courtdocuments. It allows users to obtain case and docket information from the United States districtcourts, United States courts of appeals, and United States bankruptcy courts. The system ismanaged by the Administrative Office of the United States Courts in accordance with the
policies of the Judicial Conference, headed by the Chief Justice of the United States. As of 2013,it holds more than 500 million documents. http://en.wikipedia.org/wiki/PACER_%28law%29
The United States Congress has given the Judicial Conference of the United States authority toimpose user fees for electronic access to case information. All registered agencies or individualsare charged a user fee. http://en.wikipedia.org/wiki/PACER_%28law%29
The fee, as of April 1, 2012, to access the web-based PACER systems is $0.10 per page. Priorto that the fee was $0.08 per page and prior to January 1, 2005, the fee was $0.07 per page. Theper page charge applies to the number of pages that results from any search, including a searchthat yields no matches with a one page charge for no matches. The charge applies whether or not
pages are printed, viewed, or downloaded. There is a maximum charge of $3.00 for electronicaccess to any single document other than name searches, reports that are not case-specific, andtranscripts of federal court proceedings. http://en.wikipedia.org/wiki/PACER_%28law%29
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie8092 SW 115th Loop Phone: (352) 854-7807Ocala, Florida 34481 Email: [email protected]
Attachments: My letter and enclosures June 20, 2014 to Clerk Ellspermann (16 pages), w POD.Copy of my email June 20, 2014 at 2:43 AM to attorney Katherine Piccin Glynn.Copy of my email June 20, 2014 at 9.29 PM to Clerk Ellspermann and Ms. Glynn.Oath of Office for Clerk David R. Ellspermann
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
6/33
VIA U.P.S. No. 1Z64589FP292242435 June 20, 2014
David R. Ellspermann
Clerk of the Circuit Court
Fifth Judicial Circuit, Florida
Marion County Courthouse
110 NW 1st Ave.Ocala, Florida 34475
RE: Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., case no. 13-115-CAT,
Marion County Circuit Court, Fifth Judicial Circuit, Florida
Dear Clerk Ellspermann:
The Florida Bar News reported June 15, 2014, Pro se e-filing gets the green light. Please
consider this my request to register to e-file.
Enclosed is a paper copy of my email to the Clerks counsel, Katherine Glynn, to which I do notshow either a response or acknowledgment. I restate the issues submitted to Ms. Glynn here, by
and through the enclosed paper email copy, as if set forth in full.
As shown in my email to Ms. Glynn, it appears that the Marion County Clerk has a duty to
provide disability accommodation to view court records online, in compliance with Section 508
and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
The Florida Supreme Court websites Accessibility Statement for Section 508 compliance is
found at the link below, and in paper format enclosed, with paper copies of linked 508 sites.
http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
The Clerk is also required to provide ministerial assistance under F.S. 28.215.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop Email: [email protected]
Ocala, Florida 34481 Phone: 352-854-7807
Enclosures
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
7/33
News HOME
The Florida Barwww.floridabar.org
Search:
Advertising Rates Classifieds Attorneys Exchange Archives SubscribeJournal
June 15, 2014
It wound up being a quiet decision, with little debate.
Tim Smith, Florida Courts E-Filing Authority chair, asked his board members at their May meeting if they
were ready to approve giving pro se parties the ability to register and use the portal that handles
electronic filing for the state courts.
Although this issue has been hotly debated by both the authority and the Florida Courts Technology
Commission, the authority board gave its unanimous approval with little discussion. The authority also
cleared the way to give judges access to the electronic filing system, which allows them to distributerulings, orders, and other paperwork via the portal.
Jennifer Fishback, portal project manager, showed the board how a pro se filer would register to use the
portal. It was, she explained, much like an attorney sign-up. The main difference is that there is no Bar
number to link to the filer. However, Fishback noted, that is no different from what happens in the paper
world when pro se parties drop off paper documents at courthouses without producing any identification.
Unlike attorneys and other parties providing information to the courts, pro se parties will not be required
to perform electronic filing and will retain the option of paper filing.
Smith clarified that the boards vote to allow pro se fi lers to access the portal is to provide access to
register to use an electronic filing system. It is not anything but using the portal; it is not viewing
documents, he said. Access does not encompass using an under-development A2J tool, software that will
ask pro se filers a series of questions and then automatically produce a Supreme Court-approved legal
form for filing.
Viewing electronic documents by pro se filers, Smith said, will be governed by the Supreme Courts
Administrative Order SC 14-19, which governs the electronic filing process. The March order adopts a
matrix to govern how information in court filings will be provided to various parties, judges, court
employees, and others, and how confidential information in those files will be protected.
Pro se filers also will have to comply with Rule of Judicial Adminsitration 2.420 which requires certain
confidential informaton be identified in filings so clerks can keep that data out of public view.
Fishback told the authority that pro se and judicial access would begin June 20 with the next upgrade to
the portals software.
Ninth Circuit Judge Lisa Munyon, chair of the Florida Courts Technology Commission, interviewed after the
meeting, said judicial use of the portal likely will be phased in, circuit by circuit, after June 20. She said
judges will have to register as portal users, just as attorneys do, and then they will be able to file
paperwork through the portal. As necessary, the paperwork will automatically be distributed to the parties
and go to clerks to be included in the cases electronic file.
For pro se filers, work is continuing on the A2J system. Authority member and Palm Beach County Clerk
ttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cf200464dd2!OpenD
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
8/33
News HOME
Sharon Bock, who chaired an interagency subcommittee on e-filing for pro se parties, said that when the
system is ready for use, the forms generated by the A2J forum would only be those forms approved by the
Supreme Court.
Bock has noted that a handful of forms are used in the vast majority of pro se filings primarily tenant
eviction, small claims, and family law forms.
The actions taken by the e-filing board to allow pro se registration for portal use and providing access for
judges was mirrored by the FCTC at its quarterly mid-May meeting. Having approved access for judges at
an earlier meeting this year, the FCTC took it one step further by voting to allow all non-attorney filers
including mental health providers and government agencies to electronically file without credentials.
Adding pro se filers is regarded as the first step of expanding the portal to nonattorney users. Eventually
the portal will allow court-appointed mediators, the Department of Children and Families, the Department
of Juvenile Justice, and other agencies that regularly provide documents or information to the courts to
submit that information electronically.
We want to add the other filer types as soon as possible. We want to make sure we do this in a measured
way so that everyone can experience success, Smith said.
(This report was compiled by the Florida Court Clerks & Comptrollers and edited by the Bar News.)
[Revised: 06-20-2014]
2014 The Florida Bar | Disclaimer| Top of page|
ttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cf200464dd2!OpenD
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
9/33
Neil Gillespie
From: "Neil Gillespie" To: "Katherine Glynn" Cc: "Neil Gillespie" Sent: Friday, June 20, 2014 2:43 AM
Attach: 2014, 06-15-14, Pro se e-filing gets the green light; FlaBarNews.pdf; Communications & IT - United States AccessBoard.pdf; Florida Supreme Court, Accessibility Statement.pdf; Section 508 Home _ Section508.pdf; Web AccessibilityInitiative (WAI) - home page.pdf
Subject: Re: [MCCC] Contact Form Submission
Page 1 of 4
6/20/2014
Katherine Glynn, attorneyMarion County Clerk,
Ms. Glynn,
Good morning. Thank you for your email.
The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request toregister to e-file.
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cOpenDocument
In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, exceptfor those that have been sealed or redacted, in person as you have always been able to do.", this statement is notaccurate, and is also misleading.
First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a personhas a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannotremember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDFfiles. That capability has never been available "in person", and is a disability accommodation I need.
In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-termmemory deficit.
There are times when I have not been able to view court documents in person, including times when the judge has thefile in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberatelymake viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewingdocuments in person.
In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that isunlawful under Florida public records law. In the past when I complained about services, the deputy clerk involvedmisstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side ofthe story.
Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the publicposition, and then the person is targeted for retaliation, because that is the world you folks have created to maintainabsolute control and authority, even in a state-run monopoly.
The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate therecords; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipmentwithout extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who isimpatient with slow learners.
Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courtsdisability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful todisabilities resulting from traumatic brain injury.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
10/33
Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to getto the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requiresgasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costsless time and money.
Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me toget court records online from home, and download the records into PDF files, for much less than $1 per page than you at
the Marion County Clerk's Office charges.
The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is amaximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 underthe Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.Florida court records are only available during regular court hours, which are limited.
Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to courtrecords is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment saysto the federal government that no one shall be "deprived of life, liberty or property without due process of law." TheFourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legalobligation of all states. These words have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures.
It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, incompliance with Section 508 and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606, which would require provision of online services in lieu of in person services.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-
0299/0282/0282PARTIIContentsIndex.html
282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight begiven to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,2006.
282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and informationtechnology" means electronic information and information technology that conforms to the standards for accessibleelectronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.
Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related
links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
Official Section 508 Site of the US Government, http://www.section508.gov/
United States Access Board, http://www.access-board.gov/
Web Accessibility Initiative (WAI), http://www.w3.org/WAI/
It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behindthe federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for
Page 2 of 4
6/20/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
11/33
only 10 cents a page, with a $3 limit, and accessed from my home.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie8092 SW 115th Loop
Ocala, Florida 34481Telephone: 352-854-7807Email: [email protected]
----- Original Message -----From:Katherine GlynnTo: [email protected]:Thursday, May 29, 2014 11:12 AMSubject:Re: [MCCC] Contact Form Submission
Mr. Gillespie,
I have attached theAmendedAO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page fourthat describes the mandatory approval process which must be completed before images of court documents can be provided on-line to thepublic. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in
accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receivefinal approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is notauthorized to provide on-line access to court images to the public.
The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the processof changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenancesystem which is slated for Fall of 2014.
While there are great strides being made in reaching the state-wide goal of providing on-line accessto court records, it is not possible inMarion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those thathave been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records beingprovided via the internet.
If you have any other questions, I would be more than happy to answer them for you.
Sincerely,
>>> 5/28/2014 4:20 PM >>>Wednesday, May 28, 2014 @ 4:20:22 PM EDT
Name:Neil J. GillespieEmail:neilgillespie@mfKatherine P. Glynn, Esq.Chief Deputy of Courts forDavid R. Ellspermann, Clerk of the Court and ComptrollerP.O. Box 1030Ocala, Florida 34478-1030(352) 671-5603
i.netPhone: 352-854-7807
Message:Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court OrderNo. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Beloware links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida BarNews storyhttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,
Page 3 of 4
6/20/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
12/33
Florida 34481 Telephone: 352-854-7807 Email: [email protected]
http://www.marioncountyclerk.org
Page 4 of 4
6/20/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
13/33
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by
Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the
employment practices of Federal contractors.
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from,
denied the benefits of, or be subjected to discrimination under" any program or activity that either receives
Federal financial assistance or is conducted by any Executive agency.
Section 508now establishes requirements for electronic and information technology developed, maintained,
procured, or used by the Federal government. Section 508 requires Federal electronic and information
technology to be accessible to people with disabilities, including employees and members of the public.
In December 2000 the Federal Access Boardissued final standards for electronic and information technology
under Section 508 of the Rehabilitation Act. These were adopted and published in the Federal Registrar in April
2001 with enforcement to begin June 21, 2001.
While these standards currently apply to federal government, it is the direct responsibility of Florida state
government agencies and their web designers and developers to become familiar with these accessibility
guidelines and to apply these principles in designing and creating any official State of Florida website.
On July 1, 2006, the Florida Accessible Electronic and Information Act was implemented that requires Florida
State Government web sites to comply with Section 508to ensure the widest possible audience easy access to
government information. Section 508 standards are based on access guidelines developed by the Web
Accessibility Initiative of the World Wide Web Consortium (W3C).
The Florida Supreme Court is committed to making the information on our website accessible to all websitevisitors and welcomes your comments and suggestions for improving the accessibility of information on our
website. If you use assistive technology and the format of any material on our website interferes with your
ability to access the information, we encourage you to notify us via email.
The following viewers are available:
Microsoft Viewersfor Word Documents (.DOC), Excel Spreadsheets (.XLS), and PowerPoint (.PPT) are
FREE. Please visit the Office Online File Converters and Viewerssite for additional information.
Acrobat Viewersfor Portable Document Format (.PDF) files are FREE. Please visit the Adobe Reader
Downloadsite for additional information.
http://www.flcourts.org/administration-funding/court-administration/accessibility-statem
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
14/33
An Official Web Site of the United States Government
Resources for understanding and implementing Section 508
Laws and Regulations
Policies
Tools and Resources
508 Coordinators
BeAccessible
508 Universe Training
Events
Accessibility Best Practices
Library
What's New On
the Site
Read the full Section
508 Blog at
Buyaccessible.gov
Announcing the Beta
Version of
www.BuyAccessible.gov
New Location for the
Section 508 Micro
Purchase Training!
SAVE THE DATES:
The Training
subcommittee of the
Accessibility
Community of
Practice of the CIOC
announces webinar
dates for 2014
SAVE THE DATES:
The Training
subcommittee of the
Accessibility
Community of
Practice of the CIOC
announces webinar
dates for 2014
How Do I
Take Training?Get accessibility
information about EIT
products and services?
Find my agency's 508
Coordinator?
Get my 508 questions
answered?
See All
Section 508 Blog - Voices From the Front Line
What's Happening
Read the full Section 508 Blog at Buyaccessible.gov
To read the full Section 508 Blog...conversations about Section 508, bookmark
http://www.buyaccessible.gov/blogRead Full Blog
Announcing the Beta Version of www.BuyAccessible.gov
We are excited to announce the new redesigned www.BuyAccessible.gov website.
Read Full Blog
SAVE THE DATES: Best Practices webinar dates for 2014
The Training subcommittee of the Accessibility Community of Practice of the CIOC announces Section
508 Best Practices Webinar Series dates for 2014, July 29, Sept 30, and Nov 20.
Read Full Blog
More blog posts
Monday, May 20, 2013
CIOC Software Development Life Cycle Guidance
Wednesday, March 20, 2013
CIOC Accessibility Statement Best Practices
Wednesday, September 26, 2012
Home About Us Feedback Contact Us
http://www.section
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
15/33
The BuyAccessible Wizard
The BuyAccessible System has three components, all made available to any agency at no costto help with the quick, easy, and efficient implementation of all Section 508 standards.
The BuyAccessible Wizard( http://buyaccessible.gov/), which can help you when
purchasing Electronic and Information Technology (EIT) products and services to
determine if Section 508 applies to your purchase or to find accessibility information. The
BuyAccessible Wizard can help with your market research and even has tools to write
your solicitation language.
1.
Quick-Links (http://app.buyaccessible.gov/baw/Quick-Links/index.jsp), which are
pre-packaged Government Product Accessibility Template (GPAT) and Solicitation
language for a number of standard EIT deliverables. Users can select their deliverable
from the drop down list to download the GPAT and solicitation language.
2.
The Vendor Accessibility Resource Center (VARC at http://buyaccessible.gov/content
/VARC) a comprehensive listing of Electronic and Information Technology (EIT) vendors
with URLs to their company accessibility information or VPATS to help you with your
market research. The Voluntary Product Accessibility Template (VPAT) the most common
format vendors can use to describe how their products and services conform to the EIT
accessibility standard. The VPAT is a form created by industry and can be requested as
part of a solicitation making it mandatory for the vendor to submit with their bid.
3.
Some BuyAccessible.gov features:
Training for Buyers
Training for Sellers
BuyAccessible Glossary
Acquisition Central
Federal Acquisition Regulations
and much more!
CIO.gov Accessibility Policies and Governance
Wednesday, September 26, 2012
CIO Council Accessibility Technical Guidance
View all news items
Section 508 Home Contact Us Privacy Statement Plug-Ins Link Policy Accessibilit y Policy
http://www.section
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
16/33
Access to information and communication technology (ICT) is
addressed by Board standards and guidelines issued under Section
508 of the Rehabilitation Act and Section 255 of the
Telecommunications Act.
1331 F Street NW, Suite 1000
Washington, DC 20004-1111
Voice: (202) 272-0080 or (800) 872-2253
TTY: (202) 272-0082 or (800) 993-2822
Fax: (202) 272-0081
United States Access Board
The Board Guidelines & Standards Training Enforcement Research
Home> Guidelines and Standards> Communications & IT
EMAIL UPDATES
Sign up for updates on
Communications & IT:
Enter Email
u scri e
TECHNICAL ASS ISTANCE
(800) 872-2253
TTY: (800) 993-2822
Fax: (202) 272-0081
Section 508 Standards
These standards apply to electronic and information technology procured by Federal
agencies.
Refresh of the Section 508 Standards and the Telecommunications Act Guidelines
The Access Board is jointly updating the Section 508 Standards along with guidelines issued
under the Telecommunications Act.
Telecommunications Act Accessibility Guidelines
These guidelines apply to telecommunication products and equipment covered by Section
255 of the Telecommunications Act.
http://www.access-board.gov/guidelines-and-standards/communicatio
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
17/33
Contact Us Accessibility Statement
Sitemap Budget and Performance
En Espanol No Fear Act Data
Privacy Policy Freedom of Information
Partner Sites
DISABILITY.GOV
USA.GOV
REGULATIONS.GOV
FEDERALREGISTER.GOV
http://www.access-board.gov/guidelines-and-standards/communicatio
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
18/33
WAI develops...
guidelines widely regarded
as the internationalstandard for Web
accessibility
support materials to help
understand and implement
Web accessibility
resources, through
international collaboration
WAI welcomes...
participation from around
the world
volunteers to review,
implement, and promoteguidelines
dedicated participants in
working groups
W3C Home
Discover new
resources
for peoplewith disabilities,
policy makers,
managers, and you!
Translations
Announcements
WAI-ACT Project
Get WAI
Announcements
Events, Meetings,Presentations
At WebVisionsin
Chicago, IL, USA on 25
September 2014:
"Crafting User
Experience for the
Fastest Growing Web
Demographic:
Older Users" by Shawn[WAI Presentations]
[Past WAI Events]
Documents inProgress
The WAI Interest Group
(WAI IG) page lists
documents in progress,
such as accessibility
The power of the Web
is in its universality.
Access by everyone
regardless of disability is
an essential aspect.
Tim Berners-Lee, W3C
Director and inventor of
the World Wide Web
Skip to Content | Change text size or colors
WAI: Strategies, guidelines, resources to make the Web accessible to people with disabilities
Highlights
For Review: IndieUI Events (forMobile and More) Draft UpdatedAn updated Working Draft of IndieUI:
Events is available for review. IndieUI
defines a way for different user
interactions to be translated into simpleevents and communicated to web
applications. This draft includes new
events and a refined technical model.
See:
IndieUI Overviewfor a short
introduction
IndieUI: Events 1.0- Events for User
Interface Independence - for the
draft technical specification
Requirements for IndieUI: Events
1.0 and IndieUI: User Context 1.0
for requirements the specification
should meet
Updated Working Draft: IndieUI
Events - for Mobile and Moree-mail
for information on updates
Mobile Accessibilityto learn about
related work
Please send comments on this draft by 27
June 2014. (2014-May-29)
IndieUI Requirements First DraftThe First Public Working Draft of
Requirements for IndieUI: Events 1.0 and
IndieUI: User Context 1.0is available for
review. The document introduces use
cases related to the IndieUI specifications
and the technical requirements for
meeting the use cases. IndieUI is
Web Accessibility
Initiative (WAI) Home
Getting Started
Designing for Inclusion
Guidelines &
Techniques
Planning &
Implementing
Evaluating Accessibility
Presentations &
Tutorials
Getting Involved with
WAI
http://www.w3.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
19/33
guidelines WAI-ARIA 1.0,
UAAG 2.0, and ATAG 2.0.
introduced in the IndieUI Overview. One
focus of IndieUI is enabling better user
interaction in the mobile environment.
This Requirements document provides an
opportunity for early review of user needs to be addressed by the IndieUI
specifications. Please send comments by 23 May 2014. (2014-Apr-22)
WAI-ARIA 1.0 is a W3C RecommendationAccessible Rich Internet Applications (WAI-ARIA) 1.0and the WAI-ARIA 1.0
User Agent Implementation Guidewere published today as W3C
Recommendations. WAI-ARIA is a technical specification for making
dynamic, interactive Web content accessible to people with disabilities.
WAI-ARIA and supporting documents are described in the WAI-ARIA
Overview. Please see more information in the WAI-ARIA Expands Web
Accessibility blog postand W3C's Accessible Rich Internet Applications
(WAI-ARIA) 1.0 Expands Accessibility of the Open Web Platform press
release. (2014-March-20)
Web Accessibility Tutorials: Ready for Your InputDraft Web Accessibility Tutorialsare now ready for your input. See more
info in the Web Accessibility Tutorials in Progress e-mail. (2014-March-17)
Updated March 2014: WCAG Techniques & UnderstandingWCAGUpdated supporting documents for WCAG 2.0 were published today:
Techniques for WCAG 2.0and Understanding WCAG 2.0. (This is not an
update to WCAG 2.0, which is a stable document.) For information on
these updates and links to blog posts, please see the WCAG Techniques &
Understanding WCAG Updated March 2014 e-mail. (2014-March-11)
Easy Checks - A First Review of Web Accessibility isupdated for the holidaysHave you ever wondered: "Is this web page accessible?" Easy Checks - A
First Review of Web Accessibilityprovides simple steps to start assessing
web accessibility. It is designed for anyone who can use the Web; no
accessibility knowledge or skill is required. The checks cover just a few
accessibility issues and are intended to be quick and easy, rather than
definitive. We welcome your suggestions and comments to the publicly-
archived list [email protected]. (2013-Dec-20)
Cognitive Accessibility Task Force: Seeking ParticipationA new Cognitive Accessibility Task Force will develop more specific
guidance on meeting the web accessibility needs of people with cognitive
and learning disabilities. To learn more, see the Cognitive Accessibility Task
Force home page. (2013-Nov-06)
http://www.w3.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
20/33
Mobile Accessibility Task Force: Seeking ParticipationA new Mobile Accessibility Task Force will develop more specific guidance
on mobile accessibility related to WCAGand UAAG. It will build on WAI's
current accessibility standards that address mobile accessibilityand
supplement related work in other areas, such as IndieUIand HTML5. To
learn about participating in the Mobile Accessibility Task Force, see the
Mobile Accessibility Task Force - Seeking Participation e-mail. (2013-
Oct-01)
WCAG2ICT Note: Guidance on Applying WCAG 2.0 toNon-Web ICTWAI is pleased to announce publication of the completed Guidance on
Applying WCAG 2.0 to Non-Web Information and Communications
Technologies (WCAG2ICT)as an informative W3C Working Group Note.
WCAG2ICT provides guidance on the interpretation and application of
WCAG 2.0 to non-web documents and software. It is the result of a
collaborative effort to support harmonized accessibility solutions across a
range of technologies. Learn more from the WCAG2ICT Overview. (2013-Sept-05)
For Review: Pre-Publication Draft of WCAG-EM for ConformanceEvaluation...
For Review: User Agent Accessibility Guidelines (UAAG) 2.0 LastCall Working Draft...
ATAG 2.0 Implementation Testing...
For Review: IndieUI Events (for Mobile and More) Draft Updated...
WCAG 2.0 is ISO/IEC 40500...
Mobile Accessibility: Resources Updated...
Developing Web Accessibility Presentations and Training: Resource
Material...
Share the news: How to Make Your Presentations Accessible to Allis updated...
BAD to Good Updated: Demo shows web accessibility barriers
fixed...
WAI-ACT: Cooperation, Implementation, Evaluation, Research...
Working Together for Better Accessibility...
Additional highlights are in the Highlights Archive.
WAI home page Highlights are edited by Shawn Henry, WAI's Education and Outreach
Working Group, and other WAI Team and Working Groups.
Sponsors
http://www.w3.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
21/33
WAI is supported in part by:
Adobe Systems
Deque Systems
IBM Corporation
Hewlett Packard Development Company
European Commission Information Society Technologies Programme,
project IST 287725 (WAI-ACT)
US Department of Education, National Institute for Disability and
Rehabilitation Research, contract ED-OSE-10-C-0067
WAI welcomes additional sponsors and contributors.
[WAI Site Map] [Help with WAI Website] [Search] [Contacting WAI]
Feedback welcome to [email protected] (a publicly archived list) or [email protected] (a WAI staff-only list).
Copyright 1994-2014 W3C(MIT, ERCIM, Keio), All Rights Reserved. W3C liability, trademark, document use and
software licensing rules apply. Your interactions with this site are in accordance with our public and Member privacy
statements.
http://www.w3.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
22/33
ScheduleasamedayorfuturedayPickuptohaveaUPSd
riverpickupallofyourInternetShipp
ing
packages.
HandthepackagetoanyUPSdriverinyourarea.
Takeyourpackagetoa
nylocationofTheUPSStore,UPS
DropBox,UPSCustomerCenter,UPS
Alliances(OfficeDepo
torStaples)orAuthorizedShippingOutletnearyou.ItemssentviaUPS
ReturnServices(SM)(includingviaGround)arealsoacceptedatDropBoxes.Tofindthelocatio
n
nearestyou,pleasevis
itthe'FindLocations'Quicklinkatups.com.
Custom
er
swith
aD
a
ilyPick
up
Yourdriverwillpickupy
ourshipment(s)asusual.
FOLD
HERE
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
23/33
Proof of Delivery
Tracking Number: 1Z64589FP292242435
Service: UPS Ground
Weight: 1.00 lb
Shipped/Billed On: 06/20/2014
Delivered On: 06/23/2014 10:29 A.M.
Delivered To: 110 NW 1ST AVEOCALA, FL, US 34475
Signed By: HANSON
Left At: Receiver
Print This Page
Close Window
Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Thank you for giving us this opportunity to serve you.
Sincerely,
UPS
Tracking results provided by UPS: 06/23/2014 11:54 A.M. ET
Close Window
https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP292242435&refNumbers=&lo
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
24/33
Neil Gillespie
From: "Neil Gillespie" To: "Katherine Glynn" Cc: "Neil Gillespie" Sent: Friday, June 20, 2014 2:43 AM
Attach: 2014, 06-15-14, Pro se e-filing gets the green light; FlaBarNews.pdf; Communications & IT - United States AccessBoard.pdf; Florida Supreme Court, Accessibility Statement.pdf; Section 508 Home _ Section508.pdf; Web AccessibilityInitiative (WAI) - home page.pdf
Subject: Re: [MCCC] Contact Form Submission
Page 1 of 4
10/10/2014
Katherine Glynn, attorneyMarion County Clerk,
Ms. Glynn,
Good morning. Thank you for your email.
The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request toregister to e-file.
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cOpenDocument
In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, exceptfor those that have been sealed or redacted, in person as you have always been able to do.", this statement is notaccurate, and is also misleading.
First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a personhas a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannotremember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDFfiles. That capability has never been available "in person", and is a disability accommodation I need.
In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-termmemory deficit.
There are times when I have not been able to view court documents in person, including times when the judge has thefile in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberatelymake viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewingdocuments in person.
In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that isunlawful under Florida public records law. In the past when I complained about services, the deputy clerk involvedmisstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side ofthe story.
Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the publicposition, and then the person is targeted for retaliation, because that is the world you folks have created to maintainabsolute control and authority, even in a state-run monopoly.
The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate therecords; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipmentwithout extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who isimpatient with slow learners.
Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courtsdisability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful todisabilities resulting from traumatic brain injury.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
25/33
Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to getto the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requiresgasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costsless time and money.
Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me toget court records online from home, and download the records into PDF files, for much less than $1 per page than you at
the Marion County Clerk's Office charges.
The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is amaximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 underthe Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.Florida court records are only available during regular court hours, which are limited.
Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to courtrecords is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment saysto the federal government that no one shall be "deprived of life, liberty or property without due process of law." TheFourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legalobligation of all states. These words have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures.
It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, incompliance with Section 508 and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606, which would require provision of online services in lieu of in person services.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-
0299/0282/0282PARTIIContentsIndex.html
282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight begiven to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,2006.
282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and informationtechnology" means electronic information and information technology that conforms to the standards for accessibleelectronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.
Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and related
links. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
Official Section 508 Site of the US Government, http://www.section508.gov/
United States Access Board, http://www.access-board.gov/
Web Accessibility Initiative (WAI), http://www.w3.org/WAI/
It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behindthe federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records for
Page 2 of 4
10/10/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
26/33
only 10 cents a page, with a $3 limit, and accessed from my home.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie8092 SW 115th Loop
Ocala, Florida 34481Telephone: 352-854-7807Email: [email protected]
----- Original Message -----From:Katherine GlynnTo: [email protected]:Thursday, May 29, 2014 11:12 AMSubject:Re: [MCCC] Contact Form Submission
Mr. Gillespie,
I have attached theAmendedAO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page fourthat describes the mandatory approval process which must be completed before images of court documents can be provided on-line to thepublic. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images in
accordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receivefinal approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is notauthorized to provide on-line access to court images to the public.
The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the processof changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenancesystem which is slated for Fall of 2014.
While there are great strides being made in reaching the state-wide goal of providing on-line accessto court records, it is not possible inMarion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those thathave been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records beingprovided via the internet.
If you have any other questions, I would be more than happy to answer them for you.
Sincerely,
>>> 5/28/2014 4:20 PM >>>Wednesday, May 28, 2014 @ 4:20:22 PM EDT
Name:Neil J. GillespieEmail:neilgillespie@mfKatherine P. Glynn, Esq.Chief Deputy of Courts forDavid R. Ellspermann, Clerk of the Court and ComptrollerP.O. Box 1030Ocala, Florida 34478-1030(352) 671-5603
i.netPhone: 352-854-7807
Message:Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court OrderNo. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Beloware links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida BarNews storyhttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,
Page 3 of 4
10/10/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
27/33
Florida 34481 Telephone: 352-854-7807 Email: [email protected]
http://www.marioncountyclerk.org
Page 4 of 4
10/10/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
28/33
Neil Gillespie
From: "Neil Gillespie" To: "Katherine Glynn" ; "David Ellspermann" Cc: "Neil Gillespie" Sent: Friday, June 20, 2014 9:28 PM
Attach: UPS Internet Shipping-to-Clerk of the Circuit Court-Marion County.pdf; Request to register for E-filing to Clerk David R.Ellspermann-Jun-20-2014.pdf
Subject: Request to register for E-filing to Clerk David R. Ellspermann-Jun-20-2014
Page 1 of 4
8/22/2014
----- Original Message -----From:Neil GillespieTo: Katherine GlynnCc: Neil GillespieSent:Friday, June 20, 2014 2:43 AMSubject:Re: [MCCC] Contact Form Submission
Katherine Glynn, attorneyMarion County Clerk,
Ms. Glynn,
Good morning. Thank you for your email.
The Florida Bar News reported June 15, 2014, "Pro se e-filing gets the green light". Please consider this my request toregister to e-file.
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/1d15de038992b2f085257cOpenDocument
In brief response to your email of May 29, 2014, "Please remember that you are able to view all court documents, exceptfor those that have been sealed or redacted, in person as you have always been able to do.", this statement is notaccurate, and is also misleading.
First, my request is not simply to view records. If you think about it, viewing records is pretty useless, unless a personhas a photographic memory, and can return home, and enter the information on a computer. I am disabled and cannotremember one sentence, let alone an entire pleading. So my request includes viewing online and copying records to PDFfiles. That capability has never been available "in person", and is a disability accommodation I need.
In addition, the Clerk charges $1 per page for copies, which is beyond my ability to pay for more than a few pages.Also, paper copies are not useful until I convert the paper record to a PDF file. This is due to disability and short-termmemory deficit.
There are times when I have not been able to view court documents in person, including times when the judge has thefile in chambers, or times when a deputy clerk cannot find the record. In my experience, some deputy clerks deliberatelymake viewing records inconvenient to discourage the public. Thats one reason you hardly see anyone viewingdocuments in person.
In the past a deputy clerk demanded I produce identification to view an ordinary civil case record. You know that isunlawful under Florida public records law. In the past when I complained about services, the deputy clerk involved
misstated the matter to Mr. Epperman, who called me the next day at home in an agitated state before hearing my side ofthe story.
Ms. Glynn, the public almost always looses any disagreement with the courts, no matter how meritorious the publicposition, and then the person is targeted for retaliation, because that is the world you folks have created to maintainabsolute control and authority, even in a state-run monopoly.
The clerks office refused to provide me printed instructions on how to use the courts strange equipment to locate therecords; that also serves to discourage the public. Due to disability, I am not able to learn how to operate this equipmentwithout extensive training and support, that goes beyond a few shouted instructions from a deputy clerk, who isimpatient with slow learners.
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
29/33
Yes Ms. Glynn, I am a slow learner due to disability, which is not a reflection on intellect. Unfortunately a courtsdisability accommodation is usually limited to architectural mandates for the size of toilet stalls, or things not useful todisabilities resulting from traumatic brain injury.
Ms. Glynn, your courthouse is a 28 mile round trip from my home. There is no viable public transportation for me to getto the courthouse. Due to indigence, I cannot make repeated trips to the courthouse to view records, which requiresgasoline, and wear-and-tear on my 24 year-old vehicle. Online access to court records is more efficient in that it costsless time and money.
Ms. Glynn, PACER, the federal Public Access to Court Electronic Records system, is celebrating its 25th anniversary.PACER is an old system, but it works fine. I have a PACER account in good standing since 1999. PACER allows me toget court records online from home, and download the records into PDF files, for much less than $1 per page than you atthe Marion County Clerk's Office charges.
The PACER fee, as of April 1, 2012, to access the web-based PACER systems is ten cents ($0.10) per page. There is amaximum charge of $3.00 for electronic access to any single document. So a 100 page document would cost $100 underthe Florida rules, but only $3.00 on PACER, which is available from home, any hour of the day, any day of the year.Florida court records are only available during regular court hours, which are limited.
Ms. Glynn, the Florida E-filing portal is an inferior rendition of federal PACER, which is 25 years old. Access to courtrecords is a substantial due process issue. The Constitution states only one command twice. The Fifth Amendment says
to the federal government that no one shall be "deprived of life, liberty or property without due process of law." TheFourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legalobligation of all states. These words have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures.
It appears that the Marion County Clerk has a duty to provide disability accommodation to view court records online, incompliance with Section 508 and online access to services, and the following disability laws.
The Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.
Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.
I believe the Marion County Clerk is subject to Title 19, Public Business, Part II, Florida Statutes, sections 282.601-282.606, which would require provision of online services in lieu of in person services.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0282/0282PARTIIContentsIndex.html
282.606 Intent.It is the intent of the Legislature that, in construing this part, due consideration and great weight begiven to the interpretations of the federal courts relating to comparable provisions of s. 508 of the Rehabilitation Act of1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, as of July 1,2006.
282.602 Definitions.As used in this part, the term: (1) "Accessible electronic information and informationtechnology" means electronic information and information technology that conforms to the standards for accessible
electronic information and information technology as set forth by s. 508 of the Rehabilitation Act of 1973, as amended,and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194.
Below is a link to the Florida Supreme Court website Accessibility Statement for Section 508 compliance, and relatedlinks. The webpages are attached in paper format. http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
Official Section 508 Site of the US Government, http://www.section508.gov/
United States Access Board, http://www.access-board.gov/
Page 2 of 4
8/22/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
30/33
Web Accessibility Initiative (WAI), http://www.w3.org/WAI/
It took me over eight hours to research and write this email, required because unfortunately Florida is 25 years behindthe federal courts in providing a system like PACER, Public Access to Court Electronic Records, providing records foronly 10 cents a page, with a $3 limit, and accessed from my home.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Telephone: 352-854-7807Email: [email protected]
----- Original Message -----From:Katherine GlynnTo: [email protected]:Thursday, May 29, 2014 11:12 AMSubject:Re: [MCCC] Contact Form Submission
Mr. Gillespie,
I have attached theAmendedAO14-19, issued on May 23, 2014, for your review. Please read the language starting at the bottom of page fourthat describes the mandatory approval process which must be completed before images of court documents can be provided on-line to thepublic. The process provides time frames within which each Clerk may apply for approval to provide on-line access to court images inaccordance with the amended AO, receive initial approval by the Florida Supreme Court, complete a 90 day pilot program and then receivefinal approval by the Florida Supreme Court. Until a Clerk's process is finally approved by the Florida Supreme Court, that Clerk is notauthorized to provide on-line access to court images to the public.
The implementation of the Access Security Matrix described in the AO is complex and requires new programming. As we are in the processof changing case maintenance systems, implementation of the Matrix is necessarily tied to the rollout of our new case maintenancesystem which is slated for Fall of 2014.
While there are great strides being made in reaching the state-wide goal of providing on-line accessto court records, it is not possible inMarion County at this time for the reasons stated above. Please remember that you are able to view all court documents, except for those thathave been sealed or redacted, in person as you have always been able to do. AO14-19 only applies to electronic images of court records being
provided via the internet.
If you have any other questions, I would be more than happy to answer them for you.
Sincerely,
>>> 5/28/2014 4:20 PM >>>Wednesday, May 28, 2014 @ 4:20:22 PM EDT
Name:Neil J. GillespieEmail:neilgillespie@mfKatherine P. Glynn, Esq.
Chief Deputy of Courts forDavid R. Ellspermann, Clerk of the Court and ComptrollerP.O. Box 1030Ocala, Florida 34478-1030(352) [email protected]
i.netPhone: 352-854-7807
Message:Marion County Clerk of Court: I am a non-lawyer who would like online access to court records as provided by Supreme Court OrderNo. AOSC14-19. The Florida Bar News reported April 15, 2014 "S. Court lifts moratorium on online access to court records" Below
Page 3 of 4
8/22/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
31/33
are links to Order AOSC14-19, http://www.floridasupremecourt.org/clerk/adminorders/2014/AOSC14-19.pdf and The Florida BarNews storyhttp://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/9cdb63d357bf976585257cb30042ab11!OpenDocument Thank you in advance for the courtesy of a response. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,Florida 34481 Telephone: 352-854-7807 Email: [email protected]
http://www.marioncountyclerk.org
Page 4 of 4
8/22/2014
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
32/33
OAl H OF
Ot'.FICE
rt.
J
I. 5(b),
~ ' h , .
Const.)
.
' ......
, """-
t -
1' .....
( ( ) u n t ~ ' of _
2 OCT 15 DLI
rn 2: S2
I
do
solclnnIy
s \ v ~ a r
(or
affirnl)
that
I \\'ill
support, rroh:ct, and
defend
t l ~ t ] Q ~ l ~ t i t l J q , u n
and
G ~ ~ \ e m m ( : m of the U l i t ~ d
Sta!es
and
of
the Slale Florida:
\ h ~ l .
I
urn d U l r ~ f ~ R h } j ~ O N S
ofhce
under
the
Constitution
I f
the
State, and t h ~ t I
\\ lJl
\\ 4:11 and lalthfully
pcrfornl the
d U I I C ~ lii ATE
on which
J
anl nov.
1
about
to
~ n t c r , so
heJp me
(jod.
NOTE: If)'ou affirm, )tou may omit the "'ords "'so help me God." See 92.52, Fla. Stat.J
~ ~ _ 1 1 1 1 . P # ~ ~ - - - - - - - ~ - - - - -
Signatllre
Sworn to
andJlIbscri Jcd befnre me
this L
Jar
o 0
~ R
fn
Signolur Wicer
Adnlil1i ttering Oath
or o.fAola
~ . . P E
.....GG--y-p
..
MCCIB LAN _
i
f
~ e e 4 5 4 4 6
5
Print T)pe, or
S i ~ n J p Conlmis fioned
Non,e
o Nota ...,11NTIarftn ~ 1 9
Personalty Known 5 OR Produced
identificalion
0
1jrpe
o Jdenl{{ication froduced
-
_
- - - - - - ~ - - - - ~ ~ - - ~ - ~ - - - - - - ~ - - - - - - - - - - - - - - - - - ~ - - - - - - .
ACCEPTANCE
I
accept the
office
listcd
in
the abo, e Osth of Office
Mailing Address:
illiome 0
Office
1)AUIC)
i? El.l SpeitMANN
Street r
POSI
Office Box
Print name as )"OU desire commission issued
~ ~ ~ ~ __ C I I ~ ~
. ~ - ~ ~ - - - -
Signature
-
8/21/2019 Complaint to Inspector General Greg White, Clerk David Ellspermann
33/33
Home Agencies Civil Rights Division About Criminal
Civil Rights DivisionHome
About the Division
Appellate
Criminal
Human TraffickingProsecution Unit
Statutes
Cases
Disability Rights
Education
Employment
Federal Coordination and
ComplianceHousing and CivilEnforcement
Office of Special Counselfor Immigration-RelatedUnfair EmploymentPractices
Policy and Strategy
Special Litigation
Voting
Working Groups
How to File a Complaint
Press Room
Cases and Matters
Publications
EmploymentOpportunities
Civil Rights FOIA
Contact the Division
DEPRIVATION OF RIGHTS UNDER COLOR OFLAW
Summary:
Section 242 of Title 18 makes it a crime for a person acting under colorof any law to willfully deprive a person of a right or privilege protected
by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include actsnot only done by federal, state, or local officials within the their lawfulauthority, but also acts done beyond the bounds of that official's lawfulauthority, if the acts are done while the official is purporting to orpretending to act in the performance of his/her official duties. Personsacting under color of law within the meaning of this statute includepolice officers, prisons guards and other law enforcement officials, as
well as judges, care providers in public health facilities, and others who
are acting as public officials. It is not necessary that the crime bemotivated by animus toward the race, color, religion, sex, handicap,familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term,or the death penalty, depending upon the circumstances of the crime,and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
W hoe v er , u n d e r c o l o r o f a n y l aw , st a t u t e , o r d i n a n c e,
r e g u l a t i o n , o r c u s t om , w i l l f u l l y s u b j ec t s a n y p e r s o n i n a n y
S ta te, Ter r i t o r y , Com m onw ea l t h , Possess i o n , o r D i s t r i c t t o
t h e d ep r i v a t i o n o f a n y r i g h t s, p r i v i l e g es , o r imm un i t i e s
secu r ed o r p ro te cte d by the Cons t i t u t i o n o r l aw s o f th e Un i t e d
S ta tes , . . . sha l l be f i n ed un de r th i s t i t l e o r im p r i s oned no t
mo r e t h a n o n e y ea r , o r b o t h ; a n d i f b od i l y i n j u r y r es u l t s f r om
the ac t s comm i t t e d i n v i o l a t i o n o f t h i s sec t i o n o r i f su ch ac t s
i n c l u d e the use, a t t emp t ed use, o r th r ea tened use o f adange ro us w eapon , exp l o s i ves , o r f i r e , sha l l be f i n ed unde r
t h i s t i t l e o r imp r i so n e d n o t mo r e t h a n t en y ea r s , o r b o t h ; a n d
i f d e a t h r e su l t s f r om t h e a c t s c omm i t t e d i n v i o l a t i o n o f t h i s
sec t i o n o r i f su ch ac t s i n c l u d e k i d n ap i n g o r an a t t emp t t o
k i d n a p , a g g r a v a t ed s ex u a l a b u s e, o r a n a t t emp t t o c omm i t
agg r a va ted sexua l abuse, o r an a t t emp t t o k i l l , sha l l be f i n ed
u n d e r t h i s t i t l e, o r im p r i s o n ed f o r a n y t e rm o f y e a r s o r f o r
l i f e , o r bo th , o r m ay be sen ten ced to dea th .
Return to the Criminal Section Home Page
Robert Moossy
Chief
(202) 514-3204
FAX - (202) 514-8336
Report a Violation
Get a Job
Contact Us
Site Map
Archive
Accessibilit y
FOIA
No FEAR Act
Information Quality
Privacy Policy
Legal Policies &Disclaimers
For Employees
Office of the InspectorGeneral
GovernmentResources
Plain Writ ing
USA.gov
BusinessUSA
ABOUT
The Attorney General
Budget & Performance
Strategic Plans
AGENCIES
BUSINESS & GRANTS
Business Opportunities
RESOURCES
Forms
Publications
Case Highlights
Legislative Histories
Information for VictimsLarge Cases
NEWS
CAREERS
Legal Careers
Interns, Recent Graduates,and Fellows
Diversity Policy
Veteran Recruitment
CONTACT
http://www.justice.gov/crt/about/crm/2