jqc docket 15-075 hale ralph stancil

8/20/2019 JQC Docket 15-075 Hale Ralph Stancil

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VIA Email [email protected] April 26, 2015

Michael L. Schneider

Executive Director and General Counsel

Judicial Qualifications Commission - JQC

Post Office Box 14106

Tallahassee, Florida 32317

JQC Docket No. 15-075; Judge Hale Ralph Stancil

Dear Mr. Schneider:

What is the status of my complaint against Judge Hale Ralph Stancil?

On or about February 8, 2015 I submitted a complaint against Judge Stancil. The attached PDFletter dated February 10, 2015 from Alexander J. Williams, the JQC’s Assistant General

Counsel, states in relevant part,

The Commission has received your complaint. The Investigative Panel of the

Commission meets approximately every six weeks. At the next meeting, the Panel will

evaluate your complaint to determine whether your concerns fall within the

Commission's jurisdiction, and if so, whether they merit further review.

Mr. Williams’ letter of February 10, 2015 was the last communication I got from the JQC.

Kindly provide the status of my complaint against Judge Hale Ralph Stancil Thank you in



STATE OF FLORIDA

HON. KERRY I. EVANDER

~ U D I I L

QUALIFICATIONS

COMMISSION

CHAIR

POST OFFICE BOX I 4 I 6

HON . .JAMES

A. RUTH

VICE CHAIR

TALLAHASSEE

FLORIDA

323

1 7

MICHAEL L. SCHNEIDER

850 )

4 8 8 - I 5 8 I

GENERAL

COUNSEL

ALEXANDER

.J.

WILLIAMS

ASSISTANT GENERAL COUNSEL

February

10,2015

Mr. Neil Gillespie

8092 SW 115

th

Loop

Ocala, I

34481

Re: Docket No 15 075;

Stancil

Dear

Mr. Gillespie:

The Commission has received your complaint. T'he Investigative

n e l · ~ · ~ o f

the Commission

meets

approximately

eveI}T

six weeks.

At

the next meeting,

the Panel

will evaluate your complaint to determine

whether your concerns

fall

within

the

Commission's

j'\lrisdiction, and



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STATE OF FLORIDA

JUDICIAL QUALIFICATIONS COMMISSION

POST OFFICE BOX 14106

TALLAHASSEE, FLORIDA 32317

1

•• 11111111111111111111111111111

Mr. Neil Gillespie

8092 SW 11 5

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Loop

Ocala, B 'l

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________________________________________ ___________________________

___________________________________________________________________________

FLORIDA JUDICIAL QUALIFICATIONS COMMISSION

Tallahassee, FL 323

(850) 488-1581

COMPLAINT FORM

This form is designed to provide the Commission with information required to make aninitial evaluation of your complaint.

PLEASE NOTE: COMPLAINT FORM MUST BE TYPED OR LEGIBLY HAND PRINTED, DATEDAND SIGNED BEFORE IT WILL BE CONSIDERED.

I. Person Making Complaint

Name ___________________________________________________________________________

Mr. (Last) (First) (Middle)

Ms.

Mrs.

Address ___________________________________________________________________________

Telephone Number(s): (Day)_________________________ (Evening)_________________________

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Gillespie Neil J

8092 SW 115th Loop

Ocala, Florida 34481

352-854-7807 352-854-7807



III. Statement of Facts

Please provide in as much detail as possible the information which you have knowledge which youbelieve constitutes judicial misconduct or disability. Include names, dates, places, addresses andtelephone numbers which may assist the Commission.

see attached letter



IV. Additional Information (if available)

a. If your complaint arises out of a court case, please answer the following questions:

1. What is the name and number of the case?

Case name: ______________________________ Case No. _____________________________

2.

What kind of case is it?

civil criminal domestic relations probate

small claims traffic other (specify)

3.

What is your relationship to the case?

plaintiff/petitioner defendant/respondent

attorney for _______________________________: ________________________________

witness for ________________________________: ________________________________

other (specify)

b. If you were represented by an attorney in this matter at the time of the judge’s conduct, pleaseidentify the attorney:

42-2013CA-000115-AXXX-XXRMS v. Gillespie

✔

✔



See the court record.

Addresses:

_

Phone Numbers: _

IN FILING THIS COMPLAINT, I

UNDERSTAND

THE COMMISSION'S RULES PROVIDE THAT ALL

PROCEEDINGS OF THE COMMISSION, INCLUDING COMPLAINTS FILED WITH THE COMMISSION,

SHALL

BE

KEPT CONFIDENTIAL PRIOR TO THE FILING OF FORMAL

CHARGES.

I FURTHER

UNDERSTAND THAT THIS RULE OF CONFIDENTIALITY ATTACHES AND BECOMES EFFECTIVE UPON

THE FILING OF THIS COMPLAINT AND THAT ANY VIOLATION COULD RESULT IN A CITATION

FOR

CONTEMPT BY THE COMMISSION.

V.

Under penalty

of

perjury I declare that I have examined and understand this complaint form and

to

the

best of my knowledge and belief,

the

above information is

true

correct and complete and

submitted of my own free

will.

February 8, 2015

(Date)



VIA Email [email protected] February 8, 2015

Michael L. Schneider Executive Director and General Counsel


Post Office Box 14106

Tallahassee, Florida 32317

JQC Complaint: Judge Hale Ralph Stancil, Marion County, Fifth Judicial Circuit

Dear Mr. Schneider:

Please find attached my signed JQC complaint form and supporting documents in my complaint

against Judge Hale Ralph Stancil. This complaint is limited to Judge Stancil’s failure to recuse

on a legally sufficient motion for disqualification.

You granted me permission to file a JQC complaint by email to [email protected] as

shown in your email to me September 24, 2014, paper copy enclosed.

Judge Stancil is presiding over the foreclosure of my home on a HECM reverse mortgage,

Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Marion County Florida, Fifth

Judicial Circuit, No. 42-2013CA-000115-AXXX-XX, a.k.a. case no. 2013-CA-000115.

I am indigent and unable to obtain adequate counsel, so I am reluctantly self-represented.

Table of Contents

PART I Question Presented



JQC Complaint: Judge Hale Ralph Stancil February 8, 2015

Marion County, Fifth Judicial Circuit Page - 2

However Judge Stancil failed to recuse himself, claiming the motion was not legally sufficient.

Three Orders I received in the mail from Judge Stancil dated December 18, 2014 accompany thiscomplaint. Each order looks the same but arrived in separate envelopes addressed differently.

The orders state:

THIS CAUSE comes before the Court on Defendant, NEIL J. GELLESPIE's, Motion to

Disqualify Hall Stancil, filed with the Clerk on December 18, 2014. Defendant requests

that the undersigned be disqualified from presiding over the above-styled case. After areview of the Motion, the Court finds Defendant, NEIL J. GELLESPIE's, Motion to be

legally insufficient. It is hereby,

ORDERED: Defendant, NEIL J. GELLESPIE's, Motion to Disqualify Hall Stancil is

DENIED.

ORDERED in Ocala, Florida, this day of December, 2014.

Take notice that Judge Stancil misspelled my surname “GELLESPIE” three different times.

Since there is no defendant named “NEIL J. GELLESPIE” one could argue this order is not

valid. Otherwise it appears to represent a response to my motion, a ridicule of me and my name.

Also take notice that Judge Stancil misspelled his own first name, “Hall” Stancil. If this was

intentional, it calls into question Judge Stancil’s fitness to serve on the bench.

Find enclosed:

1. ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY HALE STANCIL,





Text of the Complaint:

PART III 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 With

Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a

matter 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 SOLE TRUSTEE of THE 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:





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 Briggs

Fifth Circuit General Counsel and ADA Coordinator Grace Fagan

Marion County General Counsel for the Clerk and Comptroller Greg Harrell

John Sullivan, ADA Coordinator, Fifth Circuit, Citrus Co.

John Anthony Tomasino, Clerk, Florida Supreme Court

Silvester Dawson, ADA Coordinator, Florida Supreme Court

McCalla Raymer E-service

Patricia Ann Toro Savitz, Florida Bar CounselBarry Rodney Davidson, attorney

Jon Marshall Oden, attorney

Frank Harlan Killgore Jr., attorney

Robert 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





10. It has recently come to my attention that Florida’s 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 Florida’s 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





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 was

greeted by the voice mail of another person. Does Ms. Gordon have another ADA

telephone number? Has Ms. Gordon been replaced as ADA Coordinator by another

person? This paragraph is not a records request, but related to the Americans 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 foregoing

Declaration 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 perjury that the foregoing is true and correct. Executed on this 18th day of December, 2014.





v. State, 837 So.2d 1167, Fla.App. 4 Dist.,2003.) and the law intends that no judge will preside

in a case in which he or she is not wholly free, disinterested, impartial, and independent. State v.

Steele, 348 So.2d 398, Fla.App. 1977. When a judge enters into the proceedings and becomes a

participant, a shadow is cast upon judicial neutrality so that his or her disqualification is

required. Evans v. State, 831 So.2d 808, Fla.App. 4 Dist., 2002.

18. The conditions requiring the disqualification of the judge to act in that particular case are

prescribed by statute. § 38.02 Fla. Stat. The basic tenet for the disqualification of a judge is that a

judge must satisfy the appearance of justice. Hewitt v. State, 839 So.2d 763, Fla.App. 4 Dist.,

2003. The question of disqualification focuses on those matters from which a litigant may

reasonably question a judge's impartiality rather than the judge's perception of his or her ability

to act fairly and impartially. Wargo v. Wargo, 669 So.2d 1123, Fla.App. 4 Dist.,1996.

19. The term "recusal" is most often used to signify a voluntary action to remove oneself as a

judge; however, the term "disqualification" refers to the process by which a litigant may seek to

remove a judge from a particular case. Sume v. State, 773 So.2d 600, Fla.App. 1 Dist.,2000.





20. Sufficiency of motion or affidavit of prejudice. A motion to disqualify must show that the

party fears that he or she will not receive a fair trial or hearing because: (1) of a specifically

described prejudice or bias of the judge; Fla. R. Jud. Admin., Rule 2.160 (d)(1). Generally, the

critical determination in deciding the legal sufficiency of a motion to disqualify has been

whether the facts alleged would prompt a reasonably prudent person to fear he or she would not

receive a fair trial, Barnhill v. State, 834 So.2d 836 Fla., 2002. If a motion to recuse is

technically sufficient and the facts alleged therein also would prompt a reasonably prudent

person to fear that he or she could not get a fair and impartial trial from the judge, the motion is

legally sufficient and should be granted. Coleman v. State, 866 So.2d 209, Fla.App. 4 Dist.,2004.

The motion to disqualify a judge should contain facts germane to the judge's undue bias,

prejudice, or sympathy. Chamberlain v. State, 881 So.2d 1087, Fla.,2004.

21. Whether a motion to disqualify a judge is legally sufficient requires a determination as to

whether the alleged facts would create in a reasonably prudent person a well-founded fear of not

receiving a fair and impartial trial. Fla. R. Jud. Admin., Rule 2.160 (f), Rodriguez v. State, 919





909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005). The motion to disqualify a

judge must be well-founded and contain facts germane to the judge's undue bias, prejudice, or

sympathy. Scott v. State, 909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005).

22. Disqualification is required when litigants demonstrate reasonable, well-grounded fear

that they will not receive fair and impartial trial, or that judge has pre-judged case. Williams v.

Balch, 897 So.2d 498, Fla.App. 4 Dist., 2005.

23. Time for filing motion; waiver of objection. A motion to disqualify shall be filed within a

reasonable time not 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. Fla. R. Jud.

Admin., Rule 2.160(e). Although a petition to disqualify a judge is not timely filed,

extraordinary circumstances may warrant the grant of an untimely motion to recuse. Klapper-

Barrett v. Nurell, 742 So.2d 851, Fla.App. 5 Dist.,1999.

24. Judicial determination of initial motion. The judge against whom an initial motion to

disqualify us directed shall determine only the legal sufficiency if the motion an shall not pass on





25. Case law forbids trial judges to refute facts set forth in a motion to disqualify, and their

doing so will result in judicial disqualification irrespective of the facial sufficiency of the

underlying claim. Brinson v. State, 789 So.2d 1125, Fla.App. 2 Dist.,2001. A trial judge's

attempt to refute charges of partiality thus exceeds the scope of inquiry on a motion to disqualify

and alone establishes grounds for disqualification. J & J Industries, Inc. v. Carpet Showcase of

Tampa Bay, Inc., 723 So.2d 281, Fla.App. 2 Dist.,1998.

26. Whether the motion is legally sufficient is a pure question of law; it follows that the

proper standard of review is the de novo standard (Sume v. State, 773 So.2d 600 Fla.App. 1

Dist.,2000) and an order denying a motion to disqualify a trial judge is reviewed for abuse of

discretion. King v. State, 840 So.2d 1047, Fla.,2003.

27. Once a motion for disqualification has been filed, no further action can be taken by the

trial court, even if the trial court is not aware of the pending motion. Brown v. State

863 So.2d 1274, Fla.App. 1 Dist.,2004. A judge presented with a motion to disqualify him- or

herself must rule upon the sufficiency of the motion immediately and may not consider other





PART V Conclusion

Defendant’s Motion To Disqualify Judge Hale Stancil was legally sufficient. His failure torecuse is a violation of the public trust, reflects discredit upon the judiciary and the courts, and

suggests corruption in the adjudication of cases. Judge Stancil must be removed from office.

Under penalty of perjury, I declare that I have examined and understand this complaint and

to the best of my knowledge and belief, the above information is true, correct and complete and

submitted of my own free will.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida

Telephone: (352) 854-7807Email: [email protected]

Enclosures



VIA UPS No. 1Z64589FP298594394 February 9, 2015

Michael L. Schneider Executive Director and General Counsel


2425 Mill Creek Ct.

Tallahassee, Florida 32308-4375

JQC Complaint: Judge Hale Ralph Stancil, Marion County, Fifth Judicial Circuit

Dear Mr. Schneider:

Enclosed is the JQC complaint against Judge Hale Ralph Stancil that I emailed you, but which

you failed to acknowledge. The enclosures include:

Signed wet ink JQC COMPLAINT FORM for Judge Hale Stancil

Eleven page JQC Complaint Against Judge Hale Ralph Stancil

Email of Michael Schneider granting permission to e-file Sep-24-2014

Motion To Disqualify Judge Stancil, Portal Filing 21743681 Dec-18-2014Order Denying Motion Disqualify-Hale Stancil-NJG, Dec-18-2014

Order Denying Motion Disqualify-Hale Stancil-Trust, Dec-18-2014

Order Denying Motion Disqualify-Hale Stancil-Unknown, Dec-18-2014

Defendants’ Notice of Filing Original Transcript of Hearing Jan-17-2015

TRANSCTIPT Hearing before Judge Stancil Dec-18-2014

Email forwarding hearing transcript to Michael Schneider, Feb-08-2015

FLORIDA JUDICIAL QUALIFICATIONS COMMISSION MEMBERSEmail of NJG to Michael Schneider Feb-09-2015

Under penalty of perjury I declare that I have examined and understand this complaint (form)



FLORIDA JUDICIAL QUALIFICATIONS COMMISSION MEMBERS

http://www.floridajqc.com/members.html

JQC website - http://www.floridajqc.com/ February 9, 2015 - list date

Mr. Ricardo (Rick) Morales, III , CHAIR

President, Morales Construction Co., Inc.

The Morales Group

6950 Philips Highway, Suite 15

Jacksonville, FL 32216

Hon. Kerry I. Evander, VICE-CHAIR

Florida Bar ID Number: 302597

Fifth District Court of Appeal

300 S Beach St.

Daytona Beach, Florida 32114-5002

Alan B. Bookman, Esq.


Emmanuel Sheppard & Condon, P.A.PO Box 1271

Pensacola, Florida 32591-1271

Ms. Shirlee P. Bowne

Tallahassee, Florida (retired)

Michelle K. Cummings, Esq.

Florida Bar ID Number: 299464GrayRobinson, P.A.

401 E Las Olas Blvd Ste 1850

Hon. Krista Marx


205 N Dixie Hwy.

West Palm Beach, Florida 334014-5222

Steven R. Maxwell, Ed.D.

Educator, School District of Lee County

Sanibel, Florida

Hon. Michelle T. Morley


Sumter County Courthouse

215 E McCollum Ave.

Bushnell, Florida 33513-6120

Hon. Robert Morris


2nd District Court of Appeal

PO Box 327

Lakeland, Florida 33802-0327

Jerome S. Osteryoung, Ph.D.

Professor of FinanceFSU, Tallahassee Florida

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



IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF FLORIDA

IN 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 GILLESPIE

FAMILY LIVING TRUST AGREEMENT

DATED 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 With

Disabilities Act (ADA) Amendment Act of 2008 (ADAAA), Public Law 110-325, as a

matter 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:

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



Defendant’s Motion to Disqualify Judge Hale Stancil

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 Briggs

Fifth Circuit General Counsel and ADA Coordinator Grace Fagan

Marion County General Counsel for the Clerk and Comptroller Greg Harrell

John Sullivan, ADA Coordinator, Fifth Circuit, Citrus Co.

John Anthony Tomasino, Clerk, Florida Supreme Court

Silvester Dawson, ADA Coordinator, Florida Supreme Court

McCalla Raymer E-service

Patricia Ann Toro Savitz, Florida Bar Counsel

Barry Rodney Davidson attorney



Defendant’s Motion to Disqualify Judge Hale Stancil

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, 1990

http://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 110-325

Signed by President George W. Bush on September 25, 2008

http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008

10. It has recently come to my attention that Florida’s 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 Florida’s 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



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 ofFlorida 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 was



Certificate of Service

December 18, 2014

I certify that the foregoing DEFENDANTS MOTION TO DISQUALIFY JUDGE HALE

STANCIL 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 Rights

Disability Rights Section, [email protected]

DOJ Criminal, Contact your local FBI field office

http://www.justice.gov/crt/complaint/#one

The Honorable Don F. Briggs Ms. Grace A. Fagan, General Counsel

Chief 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, Florida

Email: [email protected] Email: [email protected]

Ms. Jane Bond, Managing Partner Ms. Robyn Katz, Managing Partner

McCalla Raymer LLC McCalla Raymer LLC

Email: [email protected] Email: [email protected]

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

The Florida Bar Hunton & Williams LLP

Email: psavitz@flabar org Email: bdavidson@hunton com

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



Select Year:

The 2014 Florida Statutes

Title V

JUDICIAL BRANCH

Chapter 38

JUDGES: GENERAL PROVISIONS

View Entire Chapter

38.10 Disqualification of judge for prejudice; application; affidavits; etc.—Whenever a party to any

action 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 or

in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the

manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the

presiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that any

such 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 the

disqualification of a trial judge and an order has been made admitting the disqualification of such judge and

another judge has been assigned and transferred to act in lieu of the judge so held to be disqualified, the

judge so assigned and transferred is not disqualified on account of alleged prejudice against the party making

the suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds that it

is 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 respective

interests, he or she shall cause such ruling to be entered on the minutes of the court and shall proceed to

preside as judge in the pending cause. The ruling of such judge may be assigned as error and may be reviewed

as 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.



(d) Waiver. The Florida Court Education Council is responsible for

establishing a procedure for considering and acting upon waiver and extension

requests on an individual basis.

(e) Reporting Requirements and Sanctions. The Florida Court

Education Council shall establish a procedure for reporting annually to the chief justice on compliance with this rule. Each judge shall submit to the Court

Education Division of the Office of the State Courts Administrator an annual

report showing the judge’s attendance at approved courses. Failure to comply with

the 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 judge’s or justice’s 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;



(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 party

thereto 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 the

third 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 time

not to exceed 10 days after discovery of the facts constituting the grounds for themotion and shall be promptly presented to the court for an immediate ruling. Any

motion for disqualification made during a hearing or trial must be based on facts

discovered 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 the

legal 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 order

ti di lifi ti d d f th i th ti If ti i



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

(i) Judge’s Initiative. Nothing in this rule limits the judge’s authority toenter an order of disqualification on the judge’s own initiative.

(j) Time for Determination. The judge shall rule on a motion to

disqualify 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 motion

shall 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 clerk’s 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 files

from 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 clerks’

offices

Page 1 of 2



Neil Gillespie

From: "Neil Gillespie" <[email protected]>To: "Hon. Hale R Stancil" <[email protected]>

Cc: "Hon. Don F Briggs" <[email protected]>; "McCalla Raymer E-service"<[email protected]>; "Greg Harrell" <[email protected]>; "TamekaGordon, ADA Coordinator" <[email protected]>; "Grace Ann Fagan" <[email protected]>;"Patricia Ann Toro Savitz" <[email protected]>; "Barry Rodney Davidson"<[email protected]>; "John Marc Tamayo" <[email protected]>; "Robert J. Stovash"<[email protected]>; "Frank Harlan Killgore Jr." <[email protected]>; "Jane Bond"<[email protected]>; "Robyn Katz" <[email protected]>; "Neil Gillespie"<[email protected]>

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

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 thisi f ti hi h i till k t

Page 2 of 2



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 Plaintiff’s 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 against

Danielle 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 FloridaCommission 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: 352-854-7807

Email: [email protected]

Page 1 of 1



Neil Gillespie

From: "Stancil, Hale" <[email protected]>To: "Neil Gillespie" <[email protected]>

Sent: Thursday, December 11, 2014 8:12 PM Attach: ATT00003.txtSubject: Read: practice preferences and other suchYour 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).



IN

THE

CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT

IN

AND

FOR MARION COUNTY, FLORIDA

REVERSE MORTGAGE SOLUTIONS,INC.,

Plaintiff,

vs.

CASE NO.: 2013-CA-0115

NEIL

J.

GILLESPIE AND MARK

GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY

LnnNGTRUSTAGREEMENT

DATED FEBRUARY 10, 1997, et al.,

Defendants.

_. /

ORDER DENYING DEFENDANT S MOTION DISQUALIFY HALE

STANCIL

THIS CAUSE

comes before the Court on Defendant,

NEIL J.

GELLESPIE s, Motion

to Disqualify

Hall

Stancil, filed

with the

Clerk on December 18, 2014. Defendant requests

that the undersigned be disqualified from presiding over the above-styled case. After a

review of

the

Motion,

the

Court finds Defendant,

NEIL

J.

GELLESPIE s, Motion to be



CERTIFICATE OF SERVICE

I

hereby

certify that a true and accurate copy of the foregoing has

been

provided

by

U.S. Mail

this

day

of December 2014 to

the

following:

Oak

Run Homeowners Association Inc.

7480 SW Highway 200

Ocala FL 34476

Neil J. Gillespie

and

Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust

Agreement dated February 10 1997

8092 SW

115th

Loop

Ocala FL 34481

Unknown spouse of

Mark

Gillespie

nlk a

Joetta Gillespie

7504

Summer

Meadows Drive

Ft

Worth TX 76123

Development Construction Corporation of America

lo Registered Agent:

Priya Ghumman

10983 SW 89 Avenue

Ocala FL 34481

Unknown SettlorslBeneficiaries of The Gillespie Family Living Trust Agreement dated

February 10 1997

8092 SW 115th Loop

Ocala

FL

34481

Elizabeth Bauerle nlkJa

Elizabeth

Bidwood



Curtis Wilson, Esq.

McCalla Raymer, LLC

225 E. Robinson Street, Ste. 660

Orlando, FL 32801



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