portrait of injustice and corruption
TRANSCRIPT
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Portrait of Injustice and Corruption
We are above the law. We answer to no one.
RickyPolston, Claudia Rickert Isom, and Gwynne Alice Young.
January 31, 2013 - Florida Supreme Court - 2013 Pro Bono Service Awards Ceremony.
_____________________________
The Smiling Faces of Evil___________________________________________
Thirteenth Judicial Circuit Judge Claudia Rickert Isom received the Distinguished Judicial
Service Award while a Respondent in Petition No. 12-7747 for writ of certiorari to the Supreme
Court of the United States. The Thirteenth Judicial Circuit was also a Respondent No. 12-7747.
In the American judicial system, few more serious threats to individual liberty can be imagined
than a corrupt judge. Clothed with the power of the state and authorized to pass judgment on the
most basic aspects of everyday life, a judge can deprive citizens of liberty and property in
complete disregard of the Constitution. The injuries inflicted may be severe and enduring. Yet
the recent expansion of a judge-made exception to the landmark Civil Rights Act of 1871, chief
vehicle for redress of civil rights violations, has rendered state judges immune from suit even forthe most bizarre, corrupt, or abusive of judicial acts. In the last decade this doctrine of judicial
immunity has led to a disturbing series of legal precedents that effectively deny citizens any
redress for injuries, embarrassment, and unjust imprisonment caused by errant judges....
Judicial Immunity vs. Due Process: When Should A Judge Be Subject to Suit?
Robert Craig Waters, Cato Journal, Vol.7, No.2 (Fall 1987). The author is [was] Judicial Clerk
to Justice Rosemary Barkett of the Florida Supreme Court.
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VIA UPS No. 1Z64589FNW98242155 August 28, 2014
Mr. Alberto PimentelStorbeck/Pimentel & Associates, Inc.1111 Corporate Center Drive, Suite 106 RE: Please reject Ricky Polston as the next
Monterey Park, CA 91754 President of Florida State University
Dear Mr. Pimentel:
In my opinion Ricky Polston should be rejected as Florida State University's next president. Theenclosed photograph of Ricky Polston, Claudia Rickert Isom, and Gwynne Alice Young suggestthey were involved in the fraud or impairment of my Petition No. 12-7747 to the Supreme Courtof the United States, a federal crime. Please contact the FBI for more information:
Michelle S. Klimt, Special Agent in Charge Paul Wysopal, Special Agent in ChargeFederal Bureau of Investigation, Jacksonville Federal Bureau of Investigation, Tampa
6061 Gate Parkway 5525 West Gray StreetJacksonville, FL 32256 Tampa, FL 33609
Thirteenth Judicial Circuit Judge Claudia Rickert Isom received the Distinguished JudicialService Award while a Respondent in Petition No. 12-7747 for writ of certiorari to the SupremeCourt of the United States. The Thirteenth Judicial Circuit was also a Respondent.
The award was given to Claudia Isom to rehabilitate her image. The Florida Bars announcementnotes, As a jurist, Judge Isom is not permitted to participate in direct pro bono legal services;however, she is still committed to pro bono work and giving back to the community.
The award was presented to Isom January 31, 2013, more than 2 weeks before a decision wasrendered in Petition No. 12-7747. This early confidence suggests RickyPolston et al. knew theoutcome of my petition well before the U.S. Supreme Court Conference on February 15, 2013.
In addition, Florida Solicitor General Timothy Osterhaus failed to appear in Petition 12-7747 onbehalf of Florida Attorney General Pam Bondi to represent the State of Florida before the U.S.Supreme Court. The Attorney General also failed to file a waiver to respond to the petition.
2013 Pro Bono Service Awards CeremonyJanuary 31, 2013 - Florida Supreme Court
L-R: Chief Justice Ricky
Polston, Judge ClaudiaRickert Isom, Thirteenth Judicial Circuit, andFlorida Bar President Gwynne Alice Young.
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Mr. Alberto Pimentel August 28, 2014Storbeck/Pimentel & Associates, Inc. Page - 2
Certainly RickyPolston, Claudia Isom, and Gwynne Young knew only the Attorney General ofFlorida may represent the State of Florida in a federal court action
1. Yet none of them objected
when Attorney General Bondi let Ryan Christopher Rodems be the only Respondent to file awaiver of the right to file a response to the petition. Mr. Rodems is a lawyer in private practicewhos firm stole $7,143 from my settlement in the Amscot case, and is the basis for the petition.
The Supreme Court docket for Petition No. 12-7747 shows the proceedings and orders:
Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorarifrom October 11, 2012 to December 10, 2012, submitted to Justice Thomas.
Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file untilDecember 10, 2012.
Dec 10 2012 Petition for a writ of certiorari and motion for leave to proceed in forma
pauperis filed. (Response due January 14, 2013)
Dec 20 2012 Waiver of right of respondents Rayan (sic) Christopher Rodems; and Barker,Rodems & Cook, P.A. to respond filed.
Jan 24 2013 DISTRIBUTED for Conference of February 15, 2013.
Feb 13 2013 Supplemental brief of petitioner Neil J. Gillespie filed. (Distributed)
Feb 19 2013 Petition DENIED.
Mar 18 2013 Petition for Rehearing filed.
Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013 Rehearing DENIED.
Please find enclosed the following:
Portrait of Injustice and Corruption, The Smiling Faces of Evil, Ricky Polston et al. Authentication of the photograph by Beth C. Schwartz, Court Publication Writer, OSCA
Petition No. 12-7747 for writ of certiorari, Supreme Court of the United States
Index to Petition No. 12-7747; 2012 Rule 13.5 Applications; 2011 Rule 22 Applications
Orders and letter from the Supreme Court of the United States, Petition No. 12-7747.
Judicial Immunity vs. Due Process, by Robert Craig Waters, Cato Journal
Please contact me by email if you have further questions. Thank you.
Sincerely,
Neil J. Gillespie8092 SW 115th Loop Telephone: 352-854-7807Ocala, Florida 34481 Email: [email protected] Enclosures
1Art. IV, 4(b), Fla. Const., F.S. 16.01(5), and State ex rel. Shevin v. Weinstein, 353 So. 2d1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).
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No. 12-7747Title: Neil J. Gillespie, Petitioner
v.
Thirteenth Judicial Circuit of Florida, et al.
Docketed: December 14, 2012Linked with 12A215Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (12-11028-B) Decision Date: July 13, 2012
Rule 12.4
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorarifrom October 11, 2012 to December 10, 2012, submitted to Justice Thomas.
Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file untilDecember 10, 2012.
Dec 10 2012 Petition for a writ of certiorari and motion for leave to proceed in formapauperis filed. (Response due January 14, 2013)
Dec 20 2012 Waiver of right of respondents Rayan Christopher Rodems; and Barker,
Rodems & Cook, P.A. to respond filed.
Jan 24 2013 DISTRIBUTED for Conference of February 15, 2013.
Feb 13 2013 Supplemental brief of petitioner Neil J. Gillespie filed. (Distributed)
Feb 19 2013 Petition DENIED.
Mar 18 2013 Petition for Rehearing filed.
Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013.
Apr 15 2013 Rehearing DENIED.
~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
At torneys fo r Pet itioner:
Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807
Ocala, FL 34481
Party name: Neil J. Gillespie
At torneys fo r Respondents:
Ryan Christopher Rodems Barker, Rodems & Cook, P.A. (813)-489-1001
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-
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Counsel of Record 501 East Kennedy Blvd., Suite 790
Tampa, FL 33602
Party name: Rayan Christopher Rodems; and Barker, Rodems & Cook, P.A.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-
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iv
LIST OF PARTIES
All parties do not appear in the caption of the case on the cover page. A list of all parties
to the proceeding in the court whose judgment is the subject of this petition is as follows:
___________________
U.S. Court of Appeals for the Eleventh Circuit, no. 12-11213
District Court no: 5:10-cv-00503-WTH-TBS
Civil rights and disability law.
Misuse and denial of justice under the color of law.
Plaintiff: (1)
Neil J. Gillespie
Defendants: (10 + 5 individually)Thirteenth Judicial Circuit, Florida
Claudia Rickert Isom, Circuit Judge, and individually
James M. Barton, II, Circuit Judge, and individually
Martha J. Cook, Circuit Judge, and individually
David A. Rowland, Court Counsel, and individually
Gonzalo B. Casares, ADA Coordinator, and individually
Barker, Rodems & Cook, P.A.
Ryan Christopher Rodems, Attorney at Law (Fla. Bar ID: 947652)
The Law Office of Robert W. Bauer, P.A.
Robert W. Bauer, Attorney at Law (Fla. Bar ID: 11058)
___________________
U.S. Court of Appeals for the Eleventh Circuit, no. 12-11028
District Court no: 5:11-cv-00539-WTH-TBS
Civil rights and disability law, civil RICO, antitrust, commerce, estate claims.
Misuse and denial of justice under the color of law.
Plaintiffs: (2)
Neil J. Gillespie
Estate of Penelope Gillespie (deceased)
Defendants: (4 + 1 individually)
Thirteenth Judicial Circuit, Florida
James M. Barton, II, Circuit Court Judge, and individually
The Law Office of Robert W. Bauer, P.A.
Robert W. Bauer, Attorney at Law (Fla. Bar ID: 11058)
_______________________
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8
Discussion of the first question presented
1. Can a Florida lawyer in private practice usurp the authority of an Article III
federal judge in a federal civil rights and disability lawsuit, by improperly representing
the State of Florida during a coercive custody of the disabled and mentally impaired
petitioner to force a settlement, and assign the petitioners claims against the State ofFlorida to himself and his law partners, then move to dismiss the federal lawsuit with
prejudice on behalf of the State of Florida?
The answer is no. Only the Florida Attorney General can represent the State of Florida, which in
this petition includes the following Respondents:
Thirteenth Judicial Circuit, Florida
Claudia Rickert Isom, Circuit Judge, and individually
James M. Barton, II, Circuit Judge, and individually
Martha J. Cook, Circuit Judge, and individuallyDavid A. Rowland, Court Counsel, and individually
Gonzalo B. Casares, ADA Coordinator, and individually
Case law holds that a circuit court judge does not have authority to appoint counsel to represent
the State of Florida:
Only the Attorney General of Florida may represent the State of Florida in a federal court
action. A circuit court judge was without the authority to appoint an acting state attorney
to represent the state in an action pending before a federal court. State ex reI. Shevin v.
Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).
Section 16.01 Florida Statutes states:
16.01 Residence, office, and duties of Attorney General. The Attorney General:
(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or
criminal or in equity, in which the state may be a party, or in anywise interested, in the
Supreme Court and district courts of appeal of this state.
The Florida Constitution: Article IV, SECTION 4. Cabinet.
(b) The attorney general shall be the chief state legal officer. There is created in the officeof the attorney general the position of statewide prosecutor. The statewide prosecutor
shall have concurrent jurisdiction with the state attorneys to prosecute violations of
criminal laws occurring or having occurred, in two or more judicial circuits as part of a
related transaction, or when any such offense is affecting or has affected two or more
judicial circuits as provided by general law. The statewide prosecutor shall be appointed
by the attorney general from not less than three persons nominated by the judicial
nominating commission for the supreme court, or as otherwise provided by general law.
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22
28 U.S.C., 1367 Pendant Jurisdiction - Judicial Qualifications Commission
Respondent Judge Claudia R. Isom - Docket No. 12385
The Florida Judicial Qualifications Commission (JQC) denied by letter October 10, 2012
JQC Docket No. 12385, Gillespies JQC complaint against Respondent Judge Claudia R. Isom.
In a letter denying the complaint, JQC General Counsel Michael Schneider wrote in part:
The Commission has completed its review of your complaint in the above matter and has
determined, at its meeting held on Friday, October 5, 2012, that the concerns you have
expressed are not allegations involving a breach of the Code of Judicial Conduct
warranting further action by the Commission but are matters for review solelythrough
the court system.
Gillespie submits JQC Docket No. 12385 with this petition for pendant jurisdiction under
28 U.S.C., 1367 because the same allegations of judicial misconduct in the JQC complaint
form the basis of allegations in this petition, and the JQC has indicated these matters are for
review solelythrough the court system. From the complaint:
Please find enclosed my...complaint against Judge Claudia Rickert Isom for failing to
disclose a conflict with her husband, attorney Woody Isom, and my former attorney
Jonathan Alpert. Judge Isom lied to me in open court February 1, 2007 by failing to make
the disclosure. Judge Isoms deceit in the case before her had significant consequences as
outlined herein. Judge Isom engaged in dishonesty prejudicial to the administration of
justice, and brought discredit to the courts and the judiciary.
Judge Isom was dishonest February 1, 2007 during a conflict hearing in my civil lawsuit,
Gillespie v. Barker, Rodems & Cook, PA, et al, Case No. 05-CA-007205, Hillsborough
Co. Judge Isom lied by omission when she failed to disclose that Woody Isom and
Jonathan Alpert were previously law partners and shareholders at the law firm Fowler
White in Tampa.
Judge Isoms dishonesty during the conflict hearing over which she presided is a serious
breach of judicial ethics giving rise to this complaint. As set forth in my affidavit, Judge
Isom denied me disability accommodation, and made rulings contrary to law. Judge Isom
even ruled contrary to her own law essay, Professionalism and Litigation Ethics, 28
STETSON L. REV. 323. (Exhibit 6).
As set forth in my affidavit, fifteen (15) additional related cases followed in this matter,
in addition to the original case, after Judge Isom belatedly stepped down. (Exhibit 6:
Paragraph 47/exhibit 19). The cost of Judge Isom's dishonesty and denial of justice has
been enormous to me, all the lawyers involved, and to the court system.
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ST TE OF FLORID
JUDICI L QU LIFIC TIONS COMMISSION
1110 THOMASVILLE ROAD
TALLAHASSEE, FLORIDA 32303-6224
850) 488-1581
October 10, 2012
Neil J. Gillespie
8092 SW 115
t
Loop
Ocala, FL 34481
Re: ocket
No
12385 Judge 15 m
Dear
Mr Gillespie:
The Commission has completed its
review
of your complaint in the above
matter and has determined, at its meeting held on Friday,
October 5,2012,
that
the concerns
you have expressed are
not allegations involving a breach
of
the
Code of Judicial
Conduct
warranting further
action
by the
Commission but are
matters for
review
sol ly through
the court system.
The
purpose
of
the
Commission
is to
determine the
existence
of
judicial
misconduct and
disability as defined by the
Constitution
and the
laws
of the State
of Florida. f such
misconduct or disability is found, the Commission
can
recommend
disciplinary action
to
the
Florida
Supreme Court. The Commission
has found no basis for further action
on
your
complaint
that therefore has
been
dismissed.
Sincerely yours,
Michael
L.
Schneider
General Counsel
MLS/bsk
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THE FLORIDA BAR / News & Events Search The Florida Bar
The Florida Barwww.floridabar.org
JUDGE CLAUDiA RICKERT ISOM TO RECEIVE DISTINGUISHED JUDICIAL SERVICE AWARD
FOR IMMEDIATE RELEASE
January 14, 2013
CONTACT: Dorohn A. Frazier; [email protected],
The Florida Bar
TELEPHONE: (850)561-5764
The Honorable Claudia Rickert Isom, of the Thirteenth Judicial Circuit, in Tampa, will receive the 2013 Distinguished Judicial Service Award.
The award, which honors outstanding and sustained service to the public especially as it relates to support of pro bono legal services, will be
presented by Chief Justice Ricky Polston at a Jan. 31 ceremony at the Supreme Court of Florida.
Judge Isom has been a circuit judge in the Thirteenth Judicial Circuit since 1991. She is currently assigned to the Probate, Guardianship and
Trust Division. As a jur ist, Judge Isom is not permitted to participate in direct pro bono legal services; however, she is still committed to pro
bono work and giving back to the community.
Judge Isom currently co-chairs the Hillsborough County Bar Associations 5K Pro Bono River Run. It is an event she has chaired or co-chaired
for the past three years. Judge Isom estimates her volunteer hours organizing, promoting and coordinating the race since 2010 exceed 250.
The run raises money for Bay Area Legal Services' pro bono services.
In addition to volunteering in the judicial mentorship program, Judge Isom has participated in The Florida Bar s E-Mentoring Project for law
students and the Hillsborough Association for Women Lawyers Mentorship Project with Stetson University College of Law. She previously
chaired The Florida Bars Standing Committee on Professionalism and the Rules of Judicial Administration Committee and currently serves on
the Rules of Civi l Procedure Committee. Judge Isom is also a member of the Supreme Courts Standing Committee on Fairness and Diversity
and is a certified diversity trainer.
Judge Isom graduated from the University of Iowa in 1972 with an education degree. She is a 1975 graduate of Florida State University
School of Law, where she married her classmate, Woody Isom, in 1973. She has four children (including two attorneys) and two
grandchildren.
Judge Isom grew up on a farm in Southeast Iowa and has lived in Florida since 1972.
This year's awards ceremony, which also honors individual, circuit, young lawyer, law firmand voluntary bar pro bono efforts, is scheduled for
Thursday, Jan. 31, at 3:30 p.m. at the Supreme Court of Florida. The program will be broadcast taped-delayed at a later date. Check local
cable listings for details and on the Internet at http://wfsu.org/gavel2gavel .
###
EDITORS: Please note The Florida Bar is not an assoc iation and "Association" is not part of o ur name. Proper reference is "The Florida Bar." Local bar organizations are properly termed
"associations."
[Revised: 01-21-2013]
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES FIND A LAWYER
http://www.floridabar.org/TFB/TFBPublic.nsf/WNewsReleases/495A38BE3B5153FB85257AF0006FFD1E?OpenD
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Neil Gillespie
From: "Beth Schwartz" To: "'Neil Gillespie'" Sent: Monday, August 25, 2014 1:29 PMSubject: RE: 2013 Pro Bono Service Awards Ceremony
Page 1 of 1
8/28/2014
Good afternoon:
I checked with the public information office about the photo, and they couldnt say with absolute
certainty if the photo was taken at the 2013 ceremony. However, they noted that Judge Isom did
win the judicial award at the 2013 pro bono ceremony and that Gwynne Young was president of
the Bar and present at the ceremony, so the likelihood is great that the photo was taken then. I
hope this helps,
Beth Schwartz
Beth C. Schwartz
Court Publications Writer
Office of the State Courts Administrator
Florida Supreme Court
500 S. Duval St.
Tallahassee, FL 32399
(850) 410-3306
rom Neil Gillespie [mailto:[email protected]]
Sent Monday, August 25, 2014 11:58 AM
To Beth Schwartz
Subject 2013 Pro Bono Service Awards Ceremony
Full Court PressBeth Schwartz
Good morning.
I read about the 2013 Pro Bono Service Awards Ceremony held in the Supreme Court of Florida on January31, 2013, in the Spring 2013 edition of the Full Court Press, on page 26, see attached, with separatephotograph attached. http://www.flcourts.org/core/fileparse.php/296/urlt/0004285-fcp_spring131.pdf
Can you confirm if this photograph is from the 2013 Pro Bono Service Awards Ceremony? Are any otherphotographs available of the 2013 Pro Bono Service Awards Ceremony? There were no photographs withthe article. Thanks you for the courtesy of a response.
Sincerely,
Neil Gillespie8092 SW 115th LoopOcala, Florida 34481
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From left to right: Chief Justice RickyPolston, Judge Claudia Rickert Isom, Thirteenth Judicial
Circuit, and Florida Bar President Gwynne Alice Young.
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Spring 2013FUllCourtPress
Chief Justice Ricky Polstonreceived the J. Ben Watkins Award for Excellence in the Legal Profession;this award is presented in honor of J. Ben Watkins, who helped found the Stetson Law Review and is anhonorary member of the Stetson University College of Law Board of Overseers.
Judge Sue Robbins, Fifth Judicial Circuit, was honored by the Marion Countys Childrens Alliance withits Childrens Champion Award; given each year to the communitys outstanding childrens advocate, thisaward recognizes Judge Robbins for doing what is in the childrens best interest and for striving to keepfamilies unified whenever possible.
***
On January 31, at the 2013 Pro Bono Service Awards Ceremony at the Florida Supreme Court, ChiefJustice Polston noted that in 1993 94, the first year for which pro bono hours were tallied, attorneysdonated just over 800,000 hours of free service to the people of Florida; in the most recent reportingperiod, 2011 12, that number had risen to nearly 1.7 million hoursthe highest number to date. Thisyear, the following attorneys were commended for their exemplary commitment to meeting the legalneeds of the poor, the disadvantaged, and the most vulnerable of Floridas citizens:
Jeanne Trudeau Tate, Tampa, was honored with the Tobias Simon Pro Bono Service Award;
Judge Claudia Rickert Isom, Thirteenth Judicial Circuit, was saluted with the Distinguished JudicialService Award;
Clark & Washington, PC, Tampa, was lauded with the Law Firm Commendation;
Tampa Bay Hispanic Bar Associationwas awarded the Voluntary Bar Association Pro Bono ServiceAward;
Rebecca Lauren Sosa, Miami, was distinguished with the Young Lawyers Division Pro Bono ServiceAward.
And the following attorneys were commended with The Florida Bar Presidents Pro Bono Service Awards:
Bridget Ann Berry, West Palm BeachBruce Beuford Blackwell, OrlandoJennings Kemp Brinson, LakelandMary Vanden Brook, Key WestMary-Ellen Cross, GainesvilleCarolyn Davis Cummings, TallahasseeJanice Joy J.J. Dahl, ClermontWilliam Kenan DeBraal, Vero BeachFrederick J. Gant, PensacolaSteven D. Kramer, Altamonte Springs
Janella Kayla Leibovitz, Sarasota
Maxine Master Long, MiamiEmerson Lotzia, JacksonvilleSteven Wayne Marcus, Ft. LauderdaleJames D. Jim McDonald, VeniceRobert Allan Bob Pell, Port St. JoeTania Romaine Schmidt-Alpers, St. AugustineLeon Claudio Skornicki, New York, NYDavid Elihu Steckler, Ft. MyersMonica Taibl, Live OakJeanne Trudeau Tate, Tampa
Jeannine Smith Williams, St. Petersburg
If you have information about judges and court personnelwho have received awards or honors for their contributions to the bench,
please forward it to the Full Court Press
mailto:[email protected]:[email protected]