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Transcript of Appellant’s Motion to Extend Time
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SECOND DISTRICT COURT OF APPEAL
STATE OF FLORIDA
NEIL J. GILLESPIE,
Appellant/Petitioner pro se (nonlawyer), Appellate Case: 2D14-5388
Lower Tribunal Case: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. Et Al.,
Appellee/Respondent(s).
________________________________________/
APPELLANT’S MOTION TO EXTEND TIME
1. Appellant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain
adequate counsel, a person with disabilities, and consumer of legal and court services affecting
interstate commerce, henceforth in the first person, hereby moves to extend time under Fla. R.
App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states:
2. This Court’s Order entered April 30, 2015 states, “Appellant's initial brief shall be served
within 20 days or this appeal will be dismissed.” (Exhibit 1)
3 I move to extend time for 30 days under Rule 9 300(a) and Rule 2 514 as follows
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I. This Court’s response to my Title II ADA Accommodation Request
5. This Court’s response to my Title II ADA Accommodation Request by Marshal Jo
Haynes shows this Court has the duty and authority to appoint counsel, notwithstanding the
denial by Marshal Haynes. I await appointment of counsel, without a conflict of interest.
6. The email response of Marshal Jo Haynes appears at Exhibit 2 and states:
Mr. Gillespie,I have reviewed your request and supporting documents. Your request must be denied
because legal representation relates to a service outside the court system.
7. In rebuttal to Marshal Haynes, the court system appoints counsel every day as a service
within the court system. Therefore Marshal Haynes is not correct in her assessment and denial of
a counsel appointment under Title II of the ADA Amendments Act of 2008. I will limit my
comments in response to the denial provided by Marshal Haynes until directed otherwise.
8. The court system appoints counsel as authorized by the Florida Constitution, Article V,
Judiciary, Section 14(a), funding for the state courts system...public defenders’ offices, and court
appointed counsel...shall be provided from state revenues appropriated by general law.
9 Florida Constitution Article V Judiciary Section 18 “Public defenders In each judicial
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counsel but the public defender is unable to provide representation due to a conflict of interest or
is not authorized to provide representation.
12. Section 27.40(2)(a) Private counsel shall be appointed to represent persons in those cases
in which provision is made for court-appointed counsel but the office of criminal conflict and
civil regional counsel is unable to provide representation due to a conflict of interest.
(b) Private counsel appointed by the court to provide representation shall be selected
from a registry of individual attorneys maintained under this section.
13. Section 27.40(3) In using a registry:
(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by
county and by category of cases, and provide the list to the clerk of court in each county.
The chief judge of the circuit may restrict the number of attorneys on the general registry
list. To be included on a registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by
general law for court appointment;
2 Is available to represent indigent defendants in cases requiring court
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(2) When the office of criminal conflict and civil regional counsel has a conflict of
interest, private attorneys appointed by the court to represent indigents or other classes of
litigants in civil proceedings requiring court-appointed counsel in accordance with state
and federal constitutional guarantees and federal and state statutes.
Note: This section applies in any situation in which the court appoints counsel to protect
a litigant’s due process rights.
15. The American Bar Association (ABA) has a "Civil Right to Counsel" page, "Law
Governing Appointment of Counsel in State Civil Proceedings", with 50 research reports, one
for each state detailing existing authority for appointment of counsel in various types of civil
proceedings. There is an Appendix: International Law Relating to Appointment of Counsel in
Civil Proceedings. [United States v. Duarte-Acero, 208 F. 3d 1282 (11th Cir. 2000) is a case
about International Law in Florida and the U.S. Eleventh Circuit.] The ABA Civil Right to
Counsel page is found at http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html
II Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.
16 I request time to receive a response from John Bryan Morgan managing partner of
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III Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG
19. On May 19, 2015 I submitted a Complaint pursuant to sec. 20.055(1)(d), Florida Statutes,
against the Second District Court of Appeal, to Chief Inspector General Melinda M. Miguel. The
Complaint appears at Appendix 2. Previously on December 4, 2014 I submitted a Complaint
pursuant to Section 20.055(1)(d), Florida Statutes, against the Second District Court of Appeal,
to Greg White, Inspector General, Office of Inspector General, State Courts System. IG White
refused to investigate the complaint. IG White wrote “After reviewing some of the voluminous
material that you have sent to me, I conclude that your complaint is not creditable.” It appears IG
White is biased toward me, and his decision reflects his bias: IG White failed to explain why my
complaint is not creditable.
20. IG White is wrong in his statement:
“Additionally, your legal issues are properly addressed through the judicial process and
this office will not be involved in any attempt to circumvent that process.”
This complaint is directed only against the Florida Second District Court of Appeal. Misconduct
by individual judges will be brought by separate complaint to the appropriate agency. This is not
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22. My complaint against the 2dDCA shows serious wrongdoing by the Court. Therefore, a
reasonable person could conclude I could not get a fair hearing in the Florida Second District
Court of Appeal due to bias.
23. Rule 2.330(d) defines the general grounds for disqualification and identifies several
specific grounds. As previously noted, the legal procedure for disqualification is intended to
serve the same general goals as the Code of Judicial Conduct. A judge is obligated by the Code
of Judicial Conduct to enter an order of disqualification in any of these circumstances even if a
party has not filed a motion for disqualification. It follows that a motion for disqualification is
legally sufficient if it alleges any of these matters listed in Canon 3E(1).
24. In this case the record is clear that the Second District Court of Appeal can not be
impartial. The basic tenet for disqualification of a judge is that justice must satisfy appearance of
justice, and this tenet must be followed even if record is lacking of any actual bias or prejudice
on judge's part, and even though this stringent rule may sometimes bar trial by judges who have
no actual bias and who would do their very best to weigh scales of justice equally between
contending parties Kielbania v Jasberg 744 So 2d 1027
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IV Other Grounds for Civil Counsel Appointment
26. As a nonlawyer I am not competent, and not diligent, as defined by the Rules Regulating
The Florida Bar. I am also a person with disabilities.
• Florida Bar Rule 4-1.1 Competence. (Exhibit 3)
A lawyer shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary
for the representation.
• Florida Bar Rule 4-1.3 Diligence. (Exhibit 4)
A lawyer shall act with reasonable diligence and promptness in representing a client.
• Social Security Disability determination (Exhibit 5)
The Social Security Administration, Office of Disability, Notice of Award letter dated
August 23, 1993 said I met the medical requirements to receive Social Security benefits,
and found that I became disabled under its rules on January 17, 1992.
• Fla. Stat. § 413.30(2) disability determinations by other state or federal agencies
413.30(2) Determinations...pursuant to Title II or Title XVI of the Social Security Act
shall be considered to have a physical or mental impairment that constitutes or results ina substantial impediment to employment and a significant disability.
27 A l i t t d th ADA b d di bilit i t ti t fi di
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would be a denial of a hearing, and, therefore, of due process in the constitutional
sense..."
"...The right [p69] to be heard would be, in many cases, of little avail if it did not
comprehend the right to be heard by counsel. Even the intelligent and educated layman
has small and sometimes no skill in the science of law. If charged with crime, he is
incapable, generally, of determining for himself whether the indictment is good or bad.
He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be
put on trial without a proper charge, and convicted upon incompetent evidence, or
evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and
knowledge adequately to prepare his defense, even though he have a perfect one. Herequires the guiding hand of counsel at every step in the proceedings against him.
Without it, though he be not guilty, he faces the danger of conviction because he does not
know how to establish his innocence. If that be true of men of intelligence, how much
more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,
civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by
counsel, employed by and appearing for him, it reasonably may not be doubted that such
a refusal would be a denial of a hearing, and, therefore, of due process in the
constitutional sense..."
Powell v. Alabama, 287 U.S. 45
Argued: October 10, 1932
Decided: November 7, 1932
224 Ala. 524, 531, 540, reversed.
29. The Supreme Court of Florida has a duty and the authority to administratively provide
legal counsel under the Fourteenth Amendment of the U.S. Constitution for Due Process:
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31. Case law for due process under Florida Law:
10A Fla. Jur 2d Constitutional Law § 480 (2007)
The guaranty of due process of law extends to every type of legal proceeding. Pelle v.
Diners Club, 287 So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 1974); Tomayko v. Thomas,
143 So. 2d 227 (Fla. Dist. Ct. App. 3d Dist. 1962). Whenever life, liberty, or property
rights are involved in any official action, the organic requirements of due process of law
must be afforded, whether such action is the exercise of the powers of government by
governmental departments, State ex rel. Barancik v. Gates, 134 So. 2d 497 (Fla. 1961);Williams v. Kelly, 133 Fla. 244, 182 So. 881 (1938) or a duly authorized administrative
or ministerial function or duty. State ex rel. Barancik v. Gates. The constitutional
guaranty of due process of law applies not only to court and administrative procedures,
but also to legislative acts. Williams v. U.S., 179 F.2d 644 (5th Cir. 1950), cert. granted,
340 U.S. 849, 71 S. Ct. 77, 95 L. Ed. 622 (1950) and judgment aff'd, 341 U.S. 70, 71 S.
Ct. 581, 95 L. Ed. 758 (1951) (implied overruling on other grounds recognized by, U.S.
v. McDermott, 918 F.2d 319 (2d Cir. 1990)) and (overruling on other grounds recognized
by, Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820, 136
Ed. Law Rep. 15 (4th Cir. 1999)).
10A Fla. Jur 2d Constitutional Law § 483 (2007)
Due process encompasses both substantive and procedural due process. McKinney v.
Pate, 20 F.3d 1550 (11th Cir. 1994); M.W. v. Davis, 756 So. 2d 90, 25 Fla. L. Weekly
S334 (Fla. 2000); State v. O.C., 748 So. 2d 945, 24 Fla. L. Weekly S425 (Fla. 1999).
WHEREFORE I respectfully move this Court to extend time for 30 days under Rule
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Certificate of Service
I certify that the foregoing was served today May 20, 2015 through the Florida Court’s
E-filing Portal by email as provided by Rule 2.516 Service of Pleadings and Documents.
Pat Frank, Clerk of Circuit Court William J. Cook
Hillsborough County, Florida Barker & Cook, P.A.
County Center 501 E Kennedy Blvd. Suite 790
601 E. Kennedy Blvd. Tampa, Florida 33602-5258
Tampa, FL 33602-4156 Email: [email protected]: [email protected]
John Bryan Morgan Ryan Christopher Rodems
Morgan & Morgan Morgan & Morgan, P.A.
20 N Orange Ave. Suite 1600 20 N Orange Ave.
Orlando, FL 32801-4624 Orlando, Florida 32801-2414
Email: [email protected] Email: [email protected]
Melinda M. Miguel, Chief Inspector General Marshal Jo Haynes
Email: [email protected] Second District Court of Appeal
Email: [email protected]
RESPECTFULLY SUBMITTED May 20, 2015.
Neil J. Gillespie
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IN
THE DISTRICT COURT OF
PPE L
OF THE STATE
OF
FLORIDA
SECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327
April 30, 2015
CASE NO.: 2014-5388
L.T. No. : 05-CA-7205
Neil J Gillespie
v
Barker, Rodems & Cook, P A., Et AI.,
Appellant Petitioner(s),
Appellee / Respondent(s).
BY ORDER OF THE COURT:
Appellant's initial brief shall be served within 20 days or this appeal will be
dismissed.
I rlEREBY CERTIFY that the foregoing
is
a true copy of the original court order.
Served:
Ryan Christopher Rodems, Esq. William
J
Cook Barker, Rodems
&
Cook, P A
Neil J Gillespie Pat Frank, Clerk
Page 1 of 1
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Neil Gillespie
From: "Jo Haynes" <[email protected]>To: "'Neil Gillespie'" <[email protected]>
Sent: Tuesday, December 16, 2014 3:14 PM Attach: GillespieADA.pdf Subject: RE: Gillespie ADA request 2D14-5388 Second District COA
g
Mr. Gillespie,
I have reviewed your request and supporting documents. Your request must be denied because legalrepresentation relates to a service outside the court system.
Regards,o Haynes Marshal, Second District Court of Appeal
863/499-2290
From Neil Gillespie [mailto:[email protected]]
Sent Monday, December 15, 2014 11:57 PM
To Jo Haynes
c Jack Harkness; John A. Tomasino
Subject Gillespie ADA request 2D14-5388 Second District COA
http://www.floridabar.org/divexe/rrtfb.nsf/FV/63890D65476BC14985257170006C3936
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Search The Florida Bar
THE FLORIDA BAR / Rules
The Florida Barwww.floridabar.org
RULE 4-1.1 COMPETENCE
4 RULES OF PROFESSIONAL CONDUCT
4-1 CLIENT-LAWYER RELATIONSHIP
RULE 4 - 1 . 1 COM PETENCE
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill,
thoroughness, and preparation reasonably necessary for the representation.
Comment
Legal knowledge and skill
In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the
relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the
field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or
associate or consult with, a lawyer of established competence in the field in question. In many instances the required proficiency is
that of a general practitioner. Expertise in a particular field of law may be required in some circumstances.
A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is
unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such
as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems. Perhaps the most
fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER
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circumstances.
Maintaining competence
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in
continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.
[Revised: 05/22/2006]
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Search The Florida Bar
THE FLORIDA BAR / Rules
The Florida Barwww.floridabar.org
RULE 4-1.3 DILIGENCE
4 RULES OF PROFESSIONAL CONDUCT
4-1 CLIENT-LAWYER RELATIONSHIP
RULE 4 - 1 . 3 D I L I GENCE
A lawyer shall act with reasonable diligence and promptness in representing a client.
Comment
A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and
take whatever lawful and ethical measures are required to vindicate a client 's cause or endeavor. A lawyer must also act with
commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound,however, to press for every advantage that might be realized for a client. For example, a lawyer may have authority to exercise
professional discretion in determining the means by which a matter should be pursued. See rule 4-1.2. The lawyer's duty to act with
reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process
with courtesy and respect.
A lawyer's workload must be controlled so that each matter can be handled competently.
Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely
affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of
limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however,
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER
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Social
Security
Administration
Retirement Survivors and
Disability
Insurance
Notice of Award
Office
of
Disability
and
International
Operations
1500 Woodlawn Drive
Baltimore,
Maryland
21241-0001
Date:
August
23, 1993
Claim Number: 160-52-5117HA
NEIL J GILLESPIE
266 7 AVE NE APT 5
ST PETERSBURG,
FL
33701-2651
1
•
11 1
111
•• 1 1 11
1 1
11 11
••
1
We recently told you that you met the medical requirements t receive Social
Security benefits. Now we
are
writing t tell you that you
meet
the
other
requirements. Therefore you qualify for monthly disability benefits from Social
Security beginning
July
1992.
However, we
cannot pay
you for July 1992
through
July 1993.
The
Date You Became Disabled
We found
that
you became disabled under
our
rules on
January
17, 1992. This is
different from
the date
given on
the
application.
Also, you
have
to
be
disabled for 5 full
calendar months
in
a row before you
can
be
entitled t benefits.
For these
reasons, your first
month of entitlement
to
benefits is
July
1992.
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. 160-52-5117HA
Page 2 of 3
Other Government Payments Affect
Benefits
Besides the money we are sending you now, you may be due some more Social
Security money for
July
1992 through
July
1993. We must first subtract the
amount of
your Supplemental
Security
Income
payments
for some or all
of
these
months from the Social Security money you are due. When we figure
the
amount
we have to subtract we will send
another
letter to show how it was
done. If you are still due some money after the subtraction, we will also send
you a check.
Other
Social
Security
Benefits
The benefit described
in
this letter is the only one you can receive from Social
Security.
If
you
think
that you might qualify for
another
kind
of
Social Security
benefit in the future, you will have to file another application.
Do You
Disagree
With
The Decision?
If
you
think
we
are
wrong, you
have
the
right
to appeal. A person who did
not
make the
first decision will decide
your
case. We will correct
any
mistakes.
e
will review those parts of the decision which you believe are wrong
and
will look
at any
new facts you have. We may also review those parts which you believe
are correct and may make them unfavorable or less favorable to you.
• You have 60 days to
ask
for an appeal.
• The 60 days start the day after you receive this letter.
• You
must
have
a good
reason
if
you
wait
more
than
60
days to
ask
for
an
appeal.
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• 160-52-5117HA
Page 3
of
3
Your
Responsibilities
The decisions we made on your claim
are
based on informat ion you gave us. If
this information changes,
it
could affect your benefits.
For this
reason,
it
is
important
that you
report
changes to us right away.
We have enclosed a pamphlet, When You
Get
Social Security Disability
Benefits...
What
You Need To Know.
It
will tell you
what must
be
reported and
how
t
report. Please be sure
to read
the parts of the
pamphlet
which explain
what
t do if you
go
to work or if your
health
improves.
If You Want Help With Your
Appeal
You can
have
a friend, lawyer or someone else help you.
There
are
groups
that
can help you find a lawyer or give you free legal services
if
you qualify.
There
are
also lawyers who do not charge unless you win your appeal. Your local Social
Security office
has
a list
of
groups
that can
help you
with
your appeal.
If you
get
someone to help you, you should let us know. If you hire someone, we
must
approve
the
fee before
he
or she
can
collect it. And
if
you hire a lawyer, we
will withhold
up t
25
percent of any past
due benefits to
pay
toward
the
fee.
If You Have Any Questions
If
you
have
any
questions, call us toll free
at
1-800-772-1213. We
can answer
most
questions over
the
phone. You
can
also
write
or visit
any
Social Security
office.
The
office
that
serves your area is located at:
DISTRICT
OFFICE
898 3 TH AVE NORTH
ST PETERSBURG,
FL
33704
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IN
THE DISTRICT COURT
OF
APPEAL
OF
THE STATE OF FLORIDA
SECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327
May
28 2015
CASE NO.: 2D14-5388
L.T. No. : 05-CA-7205
Neil J Gillespie
v
Barker, Rodems Cook, P A., Et AI.,
Appellant / Petitioner(s), Appellee / Respondent(s).
BY ORDER OF THE COURT:
The appellant's motion for extension
of
time is granted to the extent that the
appellant shall serve the initial brief, whether pro se or by retained counsel, within 30
days
of
this order.
The appellant's request for appellate counsel is denied.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.
Served:
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____ . 'c
0:
W err , .
DISTRICT COURT
OF APPEAL
SECOND DISTRICT
P.O.
BOX 327
LAKELAND FLORIDA
33802
0327
f r
•
1'1 t
_ft
rUT
I
EC
Neil
J.
Gillespie
8092 S W 115Th Loop
Ocala, FL 34481
3448
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28 2015
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L _10
MAILED FROM ZIP CODE
33801
2014-5388
J/IllililiJ
JI
JJi/llillllll
IIlilliili/lilllii/
JIII liJ 1111
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