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January 15, 2010

Governor Charlie Crist


Office of the Governor
The Capitol
Tallahassee, FL 32399
Dear Governor:
This is a complaint alleging misconduct of Pedro F. Bajo, Jr., Chairperson, 13
th
Circuit
Judicial Nominating Commission, and Chris A. Barker, Commissioner and Vice Chair,
13
th
Circuit Judicial Nominating Commission.
Commissioner Barker has a substantial conflict of interest with applicant Ryan
Christopher Rodems, his law partner. It is an ongoing conflict as Mr. Rodems has applied
for every vacancy for over a year. Chairperson Bajo has allowed the conflict to continue.
Chairperson Bajo failed to provide public records for the Commission until the Office of
Open Government intervened. A number of records are still outstanding. This misconduct
is a violation of the public trust, reflects discredit upon the judicial selection process, and
suggests partiality in the consideration of applicants.
This is a complaint made under the Uniform Rules of Procedure for Circuit Judicial
Nominating Commissions, Section IX, Misconduct, which states a complaint alleging the
misconduct of a judicial nominating commission chair and one or more commissioners of
a judicial nominating commission shall be reported in writing to the Governor for action.
(JNC Rules, Section IX, beginning at line 166).
Complaint against Commissioner and Vice Chair Chris A. Barker:
1. Mr. Barker was appointed Commissioner April 24, 2008 and is currently Vice Chair.
Mr. Barker is partner in the law firm Barker, Rodems & Cook, PA.
2. After Mr. Barker's appointment to the Commission, Mr. Barker's law partner, Ryan
Christopher Rodems, has applied for at least five (5) judicial vacancies in the 13
th
Judicial
Circllit, and has been nominated at least four (4) times, including:
a. Mr. Rodems applied for and was nominated for a Hillsborough Circuit Court
vacancy announced February 3, 2009, created by the appointment of Judge Marva
L. Crenshaw to the Second District Court of Appeal.
b. Mr. Rodems applied for and was nominated for a Hillsborough County Court
vacancy announced February 9, 2009, created by the resignation of Judge
Charlotte W. Anderson.
Governor Charlie Crist Page - 2
JNC Complaint January 15,2010
c. Mr. Rodems applied for and was nominated for a vacancy on the Hillsborough
County COllrt announced June 19, 2009, created by the appointment of Judge
Elizabeth G. Rice to the Circuit Court.
d. Mr. Rodenls applied for and was nominated for a vacancy on the Hillsborough
County Court announced Noverrlber 13, 2009 created by the retirement of Judge
Raul C. Palomino, Jr.
e. Mr. Rodems applied for vacancy on the Hillsborough County Circuit Court
announced December 14, 2009, created by the appointment of Judge Charlene
Honeywell to the federal judiciary.
3. The applications submitted by Mr. Rodems to the Commission on which Mr. Barker
serves creates a substantial conflict of interest. Mr. Barker and Mr. Rodems are law
partners in the firnl Barker, Rodems & Cook, PA, 400 North Ashley Dr. #2100, Tampa,
FL 33602. Barker, Rodems & Cook, PA is a small, three attorney firm. The other partner
is William John Cook. The relationship between Mr. Barker and Mr. Rodems is a
personal and business relationship.
4. Section VIII of the JNC Circllit Rules, Ethical Responsibilities, states:
"Judicial nominating commissioners hold positions of public trust. A
commissioner's conduct should not reflect discredit upon the judicial selection
process or disclose partisanship or partiality in the consideration of applicants.
Consideration of applicants shall be made impartially and objectively."
"A commissioner shall disclose to all other commissioners present all personal
and business relationships with an applicant. If a substantial conflict of interest is
apparent, that commissioner shall not vote on further consideration of any affected
applicants. A Commissioner shall declare any conflict of interest that he/she has."
The substantial conflict of interest between Commissioner Barker and applicant Rodems
is a personal and business relationship that is:
a. A violation of the public trust.
b. Reflects discredit upon the judicial selection process.
c. Suggests partiality in the consideration of applicants.
5. The substantial conflict of interest between Commissioner Barker and applicant
Rodems is ongoing and prevents Commissioner Barker from being able to attend fully to
the duties of the JNC. Mr. Rodems appears to have applied for every vacancy in the 13
th
Judicial Circuit during the year 2009. Mr. Rodems has an application pending before the
JNC for the year 2010. This ongoing substantial conflict of interest creates a permanent
inability for Commissioner Barker to perform his official duties so long as Mr. Rodems
continues to submit applications. Florida Statutes 43.291 requires the JNC have nine
members, but the conflict has effectively reduced this JNC to eight members.
Governor Charlie Crist Page - 3
JNC Complaint January 15, 2010
6. This ongoing substantial conflict of interest is unfair to other applicants and to the
citizens of the 13
th
Judicial Circuit. Even if Commissioner Barker does not vote on the
application(s) of Mr. Rodems, it deprives the other applicants and citizens of a full
Commission consideration of all the applicants.
7. The ongoing substantial conflict of interest has also unfairly benefited Mr. Rodems by
having an insider on the JNC to advise him of the inner workings of the Commission, to
the disadvantage of applicants who do not have an insider serving on the Commission.
If it is found that Commissioner Barker's service on JNC was primarily to benefit his law
partner Mr. Rodems to become a judge, that may amount to malfeasance.
8. I have known Commissioner Barker and Mr. Rodems for about 10 years as a client of
their current and past law firms. We are now opposing litigants in Gillespie v. Barker,
Rodems & Cook, PA, 05-CA-7205, Hillsborough Circuit Court.
9. This complaint is in writing, signed, legally sufficient, and contains ultimate facts
which show a violation of the rules and reflects discredit on the judicial selection process.
Respectfully submitted January 15, 2010.
J. Gil
92 S 115
th
Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
email: neilgillespie@mfi.net
Complaint against Chairperson Pedro F. Bajo, Jr.
10. Chairperson Bajo has allowed the above complained-about conflict of interest
between Commissioner Barker and Mr. Rodems to exist for at least a year.
11. In an email to Chairperson Bajo January 9,2010 I asked about the conflict of interest
and other conduct that reflects discredit upon the judicial selection process. (Exhibit 1).
Chairperson Bajo responded January 11, 2010 at 12:20pm "I acknowledge receipt of your
email of Saturday and I will get back to you with respect to the remainder of the email in
the next couple of days. I have some pressing client matters that I need to attend to until
then." (relevant portion). As of the time of this complaint Chairperson Bajo has not
responded further.
12. Florida Statutes 43.291, requires the JNC have nine members. The ongoing inability
of Commissioner Barker to fully attend to the duties of the JNC because Mr. Rodems has
applied for every vacancy in 2009 effectively reduces the JNC to eight members.
Governor Charlie Crist Page - 4
JNC Complaint January 15, 2010
13. Article V, Section II(d) of the Florida Constitution states (relevant portion) "Except
for deliberations of the judicial nominating commissions, the proceedings of the
commissions and their records shall be open to the public." I have had difficulty obtaining
public records from Chairperson Bajo, and some records have not been provided.
a. December 22, 2009: Initial request to Chairperson Bajo by email, fax and phone
call for the application of Mr. Rodems and Mr. Lovell. Chairperson Bajo did not respond.
b. December 23, 2009: I followed up my records request to Chairperson Bajo by
email, fax and phone. I also spoke with Barbara Moore, Chairperson Bajo's assistant at
Ackerman Senterfitt. Chairperson Bajo did not respond to me, but he called Kristen
Wilson of the Florida Bar and assured her that he would call me December 28, 2009.
c. December 28, 2009: Chairperson Bajo did not call or provide records.
d. December 29, 2009: I emailed Kristen Wilson of the Florida Bar about
Chairperson Bajo's failtrre to provide the records or contact me. Ms. Wilson responded:
"My suggestion would be to call the Governors office and asked for the person in charge
ofjudicial appointments." (Exhibit 2). I contacted the Governor's office and was referred
to the Office of Open Government and Jessica Kassees. I also emailedMs.Kassees.At
7:51pm Chairperson Bajo called me and agreed to provide the public records subject to
redaction of personal information and payment of$I.00 per page.
e. December 30, 2009: I emailed Ms. Kassees at 10: 17am: "Yesterday evening at
7:51pm I received a phone call from Mr. Pedro Bajo, Chairman of the 13th Judicial
Circuit Nominating Committee. Mr. Bajo said he would provide the public records I
requested, subject to redaction of personal information and payment of $1.00 per page. I
understand that personal information is redacted, but $1.00 per page seems excessive. I
told Mr. Bajo that I want tIle records and he said he is preparing them. He was supposed
to call me this morning with the copying costs, but I have not heard from him as of the
time of this email. Neil Gillespie." (Exhibit 3). Chairperson Bajo telephoned me at
10:57am and advised that he would provide the records by email in PDF at no cost.
Chairperson Bajo provided the application of Ryan Christopher Rodems at 11 :39am, but
not Mr. Lovell; that arrived the following day.
f. January 9, 2010: Requested records of Commission proceedings, including all
public 110tes and tally sheets. I asked if Chairperson Bajo was able to disclose the final
vote for each nominee. I requested copies of deliberation transcripts if public, records of
the interviews with Mr. Rodems and any financial disclosure not part of his original
application. I requested any other public record not already described. I also requested any
electronic media and still photography coverage of JNC proceedings pursuant to the
Uniform Rules of Procedure for Circuit JNCs, Section III. (Exhibit 3).
Governor Charlie Crist
Page - 5
JNC Complaint January 15,2010
g. January 11,2010: Chairperson Bajo responded: "I acknowledge receipt of your
email of Saturday and I will get back to you with respect to the remainder of the email in
the next couple of days. I have some pressing client matters that I need to attend to until
then." As of the time of this complaint Chairperson Bajo has not responded further.
h. January 11, 2010: I emailed Chairperson Bajo to determine the total number of
applications submitted by Mr. Rodems to the Commission. As of the time of this
complaint Chairperson Bajo has not responded.
14. The Uniform Rules of Procedure for Circuit Judicial Nominating Commissions,
Section X, states at line 195: "The chairperson shall keep a permanent written record of
the minutes of all meetings of the commission, and all policies and procedures adopted by
the commission, and all policies and procedures adopted by the commission during his or
her term. At the conclusion of his or her term the outgoing chairperson shall tum over to
the newly elected chairperson all minutes of meetings and written records of adopted
policies and procedures." Chairperson Bajo has not made this information public.
15. Florida Statutes, 43.291(5) states "A member of a judicial nominating commission
may be suspended for cause by the Governor pursuant to uniform rules of procedure
established by the Executive Office of the Governor consistent with s. 7 of Art. IV of the
State Constitution."
16. Article IV, Section 7(a) of the Florida Constitution states: "By executive order stating
the grounds and filed with the custodian of state records, the governor may suspend from
office any state officer not subject to impeachment, any officer of the militia not in the
active service of the United States, or any county officer, for malfeasance, misfeasance,
neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony, and may fill the office by appointment for the period of
suspension. The suspended officer may at any time before removal be reinstated by the
governor."
17. The 13
th
Judicial Circuit has a history of scandal. It is important that the Commission
be conducted in a manner to restore public confidence in the courts. The following
scandals have been reported:
A Grand Jury investigation into judicial misconduct resulted in a Presentment December
8, 2000 that recommended the resignation or removal of Judge Bonanno over his
untoward entry into the chambers of Judge Holder, and a sexual affair in the courthouse
with an employee of the clerk's office. The Grand Jury reported on an extramarital affair
of Judge Ficarrotta and bailiff Tara Pisano that included sexual relations in the courthouse
during business hours. Judge Ficarrotta also engaged in unlawful campaign fundraising
for the Hillsborough County Sheriff while on duty.
In another scandal, an official investigation into State Attorney and former Judge Harry
Lee Coe concluded that he committed suicide over gambling debts. Judge Holder, a critic
Governor Charlie Crist Page - 6
JNC Complaint January 15,2010
of wrongdoing at the court, spent $1.9 million in legal fees defending against a false
charge of plagiarism. The Florida Supreme Court recently awarded Judge Holder $70,000
in expenses. In 2007 the US Justice Department brought a USERRA action against Pat
Frank, the Clerk of Court, which has since settled for the plaintiff. In August 2009 the
courthouse was evacuated over what turned out to be a false gun scare. And Judge
Richard Nielsen, assigned to my lawsuit, was criticized in the St. Petersburg Times.
On May 29,2002, the St. Petersburg Times published an editorial on Judge Richard
Nielsen entitled "Judge should have known better". The editorial begins "What was
Hillsborough County Circuit Judge Richard Nielsen thinking when he forced a 16-year
old to represent himself in court?" The Times said Judge Nielsen made a mistake that
needed correction. The Times questioned Judge Nielsen's reasoning that he thought the
child was somehow protected by the fact his co-defendant had an attorney: "That is either
an alarming perspective on the law or an inept attempt at damage control, for he also said,
in the same breath, that the attorney may have had a conflict playing two roles in the
case." The Times published two prior news stories critical of Judge Nielsen in the matter.
Judge Nielsen recused himself in my lawsuit after it was shown that Mr. Rodems falsely
involved the judge in an affidavit sworn to by Mr. Rodems.
And in addition to the above, Mr. Rodems' former law partner attacked opposing counsel
during an infamous coffee-throwing incident. A police report shows Mr. Rodems
witnessed the attack by his law partner on attorney Arnold Levine. But Mr. Rodems did
not report the assault to the Florida Bar or to me, the firm's client. I learned about the
attack from other lawyers in Tampa when I sought representation against Mr. Rodems.
18. This complaint is in writing, signed, legally sufficient, and contains ultimate facts
which show a violation of the rules and reflects discredit on the judicial selection process.
Respectfully submitted January 15,2010.
Page 1 of2
Neil Gillespie
From: "Neil Gillespie" <neilgillespie@m'fLnet>
To: "Pedro F Bajo, Jr." <pedro.bajo@akerman.com>
Cc: "Rob Wheeler' <Rob.Wheeler@eog.myflorida.com>; "Kristen Wilson" <kwilson@flabar.org>; "Ronald
Hanes" <rhanes@trombleyhaneslaw.com>; "Barbara Wilcox" <rwilcox106@aol.com>; "John
McLaughlin" <JOHN@WAGNERLAW.COM>; "William Schifino" <wschifino@wsmslaw.com>; "5.
Cary Gaylord" <cgaylord@gaylordmerlin.com>; "Edward Gerecke" <egerecke@carltonfields.com>;
"Bing Kearney" <Bing@KearneyConstruction.com>
Sent: Saturday, January 09,20104:36 PM
Subject: additional records request
Dear Mr. Bajo,
Thank you for your reply about Mr. Barker's JNC application, I obtained it from the Office of
Open Government. Public records are an important part of the JNC process, which unlike a
judicial election, is not as well publicized. In order to maintain public confidence in the JNC
process, why not put all the applications for commission members and judicial applicants online?
They are public records and should be made more accessible than currently offered. Online JNC
public records would also allow you the Chairman more time for other JNC duties.
The public record of Mr. Rodems' application let me know about two other clients who
complained to the bar about him. Subsequently I located and spoke with one of the complainants,
Rita Pesci, who was surprised and concerned that Mr. Rodems is trying to become a judge. Ms.
Pesci may contact Governor Crist directly with her concerns. So by providing Mr. Rodems'
public records to me, it allowed Ms. Pesci to participate in the process if she chooses. I share Ms.
Pesci's belief that Mr. Rodems does not meet the criteria required by The Uniform Rules of
Procedure for Circuit JNCs.
Thank you for Mr. Lovell's application for circuit court, for the seat being vacated by Judge
Honeywell. I requested, but did not receive, Mr. Rodems' application for the same circuit court
vacancy. When can I expect to receive an application for Mr. Rodems for circuit judge?
In addition, for the JNC proceedings related to the county court vacancy, the seat being vacated
by Judge Palomino, kindly provide the following:
1. Records of commission proceedings, including all public notes and tally sheets. Are you able
to disclose the final vote for each nominee?
2. Copies of deliberation transcripts if public information.
3. Records of the interviews with Mr. Rodems.
4. Any financial disclosure from Mr. Rodems not part of his original application.
5. Anything other public record not described above.
The Uniform Rules of Procedure for Circuit JNCs, Section III, provides for electronic media and
still photography coverage of JNC proceedings. What is available in the form of public records
from any such coverage?
EXHIBIT
The Uniform Rules of Procedure for Circuit JNCs, Section VIII, ethical responsibilities, states I
(in part) "A commissioner shall disclose to all other commissioners present all personal and
1/13/2010
Page 2 of2
business relationships with an applicant. If a substantial conflict of interest is apparent, that
commissioner shall not vote on further consideration of any affected applicants. A Commissioner shall
declare any conflict of interest that he/she has."
I believe commission member Chris A Barker has a substantial conflict with Mr. Rodems, who is his
long-time associate and law partner. Furthermore it appears this is a continuing conflict of interest given
Mr. Rodems many applications to the JNC. What is being done about this substantial conflict of
interest? I have known Mr. Barker and Mr. Rodems for about 10 years, and in my view Mr. Barker
joined the JNC to provide an advantage for Mr. Rodems to become judge. It is unfair to the other
applicants, unfair and to the citizens of the 13
th
Judicial Circuit. I believe either Mr. Baker should resign
from the commission, or Mr. Rodems should withdrawal his pending applications and not submit further
until Mr. Barker leaves the commission. Even if Mr. Barker refrains from voting when Mr. Rodems
applies, it still shortchanges the other applicants and the citizens of the 13
th
Judicial Circuit who deserve
a full panel JNC consideration. Mr. Rodems has also unfairly benefited from having an insider on the
commission to advise him of the inner workings of the commission, to the determinate of all the
applicants who do not have an insider serving on the commission.
Thank you.
Neil Gillespie
1/13/2010
Page 1 of2
Neil G i l l e s e . ! ! ~ _
From: "Kristen Wilson" <KWilson@flabar.org>
To: "Neil Gillespie" <neilgiliespie@m'fLnet>
Sent: Tuesday, December 29, 2009 9:02 AM
Subject: Re: Fw: comments to the Commission, records request
My suggestion would be to call the Governors office and asked for the person in charge of
judicial appointments.
Thank you.
Kristen Wilson
Executive Office Assistant II
Ph: 850.561.5757
Fax: 850.561.5826
www.floridabar.org
-Neil Gillespie- <neilgillespie@mfi.net>
To "Kristen Wilson" <KWilson@flabar.org>
cc
12/29/2009 08:50 AM
Subject Re: Fw: comments to the Commission, records request
Ms. Wilson
I regret to inform you that Mr. Bajo did not contact me yesterday about my public records
request. It was my understanding that Mr. Bajo told you that he would contact me Monday,
December 28, 2009. At this point Mr. Bajo has failed to contact me as promised. I called him
last evening at 6pm on his cell phone, was greeted by voice mail, and left another nlessage.
At this point Mr. Bajo has not responded as he promised. What do you suggest now?
Neil Gillespie
----- Original Message ----
From: Kristen \Vilson
EXHIBIT
To: Neil Gillespie
Sent: Wednesday, December 23, 2009 10:31 AM
Subject: Re: Fw: comments to the Commission, records request
I
Mr. Gillespie - Per our conversation, I sent an e-mail to Mr. Bajo requesting that he call you
regarding the pick up of a copy of Mr. Rodems judicial application.
1/13/2010
Page 2 of2
Thank you - Kristen
Kristen Wilson
Executive Office Assistant II
Ph: 850.561.5757
Fax: 850.561.5826
www.floridabar.org
1/13/2010
Page 1 of2
Neil Giliesel!L....-- _
From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Kassees, Jessica" <Jessica.Kassees@eog.MyFlorida.com>
Sent: Wednesday, December 30,2009 10:17 AM
Subject: Re: public records request, 13th Circuit Judicial Nominating Commission
Ms. Kassees,
Yesterday evening at 7:51pm I received a phone call from Mr. Pedro Bajo, Chairman of the 13
th
Judicial Circuit Nominating Committee. Mr. Bajo said he would provide the public records I
requested, subject to redaction of personal information and payment of $1.00 per page. I
understand that personal information is redacted, but $1.00 per page seems excessive. I told Mr.
Bajo that I want the records and he said he is preparing them. He was supposed to call me this
morning with the copying costs, but I have not heard from him as of the time of this email.
Neil Gillespie
----- Original Message ----
From: Kassees. Jessica
To: Neil Gillespie
Sent: Tuesday, Decerrlber 29,2009 12:25 PM
Subject: RE: public records request, 13th Circuit Judicial Nominating Commission
Dear Mr. Gillespie:
This email is in response to your email below, in which you request records as
follows: "the following applications to county court judge:
Ryan Christopher Rodems
Troy Matthew Lovell"
We will begin a search for the referenced documents. The legal cost of
duplication is 15 cents per page, plus postage. If we find that the cost is significant,
we will send you a breakdown of the tasks required and the final cost. Thank you.
Sincerely,
Jessica Kassees
Jessica P. Kassees
Executive Assistant
Office of Open Government
Executive Office of the Governor
400 South Monroe Street
The Capitol PL04
Tallahassee, FL 32399-0001
'-EXHIBIT
13
Phone: (850) 921-6099
Fax: (850) 488-0219
1/13/2010
Page 2 of2
Under Florida law email addresses are public records. If you do not want your e-mail address
released in response to a public record request, do not send electronic mail to this entity.
Instead, contact this office by phone or in writing.
-----Original Message----
From: Neil Gillespie [mailto:neilgillespie@mfi.net]
sent: Tuesday, December 29, 2009 12:20 PM
To: Kassees, Jessica
Subject: public records request, 13th Circuit Judicial Nominating Commission
Importance: High
Jessica Kassees,
Thank you for speaking with me earlier today. On December 22, 2009 I made a public records
request to Pedro F. Bajo, Jr., Chairman of the 13th Circuit Judicial Nominating Commission for
the following applications to county court judge:
Ryan Christopher Rodems
Troy Matthew Lovell
Here is a link to the 13th Circuit Judicial Nominating Commission web page
http://www.fljud13.org/pdfs/12.9
09JNCPRESSRELEASEFORJUDGEPALOMINOSVACANCY.pdf
Please provide the requested records. My contact information is listed below. Kindly
acknowledge receipt of this request. Thank you again.
Neil J. Gillespie
8092 SW 115
th
Loop
Ocala, FL 34481
telephone: (352) 854-7807
1/13/2010
January 19, 2010
Governor Charlie Crist
Office of the Governor
The Capitol
Tallahassee, FL 32399
Dear Governor:
This is an addendum to the complaint I made January 15, 2010 alleging misconduct of
Pedro F. Bajo, Jr., Chairperson, 13
th
Circuit Judicial Nominating Commission, and Chris
A. Barker, Commissioner and Vice Chair, 13
th
Circuit Judicial Nominating Commission.
Addendum to the Complaint against Commissioner and Vice Chair
Chris A. Barker:
Paragraph 7 currently states:
7. The ongoing substantial conflict of interest has also unfairly benefited Mr. Rodems by
having an insider on the JNC to advise him of the inner workings of the Commission, to
the disadvantage of applicants who do not have an insider serving on the Commission.
If it is found that Commissioner Barker's service on JNC was primarily to benefit his law
partner Mr. Rodems to become a judge, that may amount to malfeasance.
Addendum to paragraph 7:
Mr. Barker submitted a "Questionnaire For Gubernatorial Appointments" signed by him
July 6, 2007 and received by the Governor's Appointments Office July 11, 2007.
(Exhibit 4).
Question number 27 lists "Chirs Rodems" as a person he has known well within the past
five (5) years. The address for "Chris Rodems" is listed as 400 North Ashley Dr. #2100,
Tampa, FL 33602. "Chris Rodems" is in fact Ryan Christopher Rodems, his law partner,
and the address is that of his law fmn, Barker, Rodems & Cook, PA. (Exhibit 4, page 6).
Question number 29 on Mr. Barker's questionnaire asked, "Do you know of any reason
why you will not be able to attend fully to the duties of the office or position to which you
have been or will be appointed?" Mr. Barker responded "no". (Exhibit 4, page 6)
Mr. Barker certified (1) that he/she has carefully and personally prepared or read the
answers to the foregoing questions; (2) that the information contained in said answers is
complete and true; and (3) that he/she will, as an appointee, fully support the Constitution
of the United States and of the State of Florida. Mr. Barker signed the certification and
his signature was notarized July 6, 2007. (Exhibit 4, page 7).
Governor Charlie Crist Page - 2
Addendum to JNC Complaint January 19, 2010
At the time he sought appointment to the JNC, Mr. Barker knew or had reason to believe
his law partner Ryan Christopher Rodems planned to apply for judicial vacancies.
Mr. Barker knew a substantial conflict of interest would exist if he were appointed
Commissioner and his law partner applied for a vacancy to the JNC on which he served.
Therefore Mr. Barker knew a reason why he would not be able to attend fully to the
duties of Commissioner if appointed, but he failed to disclose this when answering the
questionnaire he submitted to the Governor July 6, 2007. Therefore it appears Mr. Barker
obtained appointment to the JNC under false pretenses. It appears Mr. Barker sought
appointment to the JNC not to serve the public, but to help his law partner become judge.
Mr. Barker was appointed Commissioner by letter dated April 24, 2008. (Exhibit 5). He
was subsequently elected Vice Chair. Commissioner Barker has made a favorable
impression on the Commission, goodwill which extends to his law firm, Barker, Rodems
& Cook, PA, and flows to Mr. Rodems, his law partner.
Mr. Rodems has applied for every vacancy in 2009 and 2010. Because Vice Chair Barker
serves on the Commission, Mr. Rodems has a tangible benefit when appearing before the
Commission, a benefit not available to other applicants. This is unfair to the other
applicants and to the citizens of the 13
th
Judicial Circuit.
This addendum is in writing, signed, legally sufficient, and contains ultimate facts which
show a violation ofthe rules and reflects discredit on the judicial selection process.
Respectfully submitted January 19, 2010.
FOR THE OFFICE OF THE GOVERNOR
The Capitol, Tallahassee. Florida 32399-0001
The infomlation from this page has been requested and will be used exclusively by the GOVER1'lOR'S OFFICE.
Please type or use black ink.
. .,tl.. r'i I C' , . ,.J <: r
I, Board of Interest: I 7 r ,J:Ad. I ("t: 1.\.1 t.. d- ':.1,)(..., ... _r+"--__.-_
2. Current Employer and Occupation: P,A.
3. Arc you applying for reappointment: Yes 0 NoJ'.
4. 000 you have a disability? Yes 0 No p( If "Ycs", please describe your disability that would qualifY
you for this appointment, ifapplicable.
5.
o
Sex: Male p( Female 0
White jj( Native-AmericanlAlaskan Native o
Hispanic-American o AsianlPacific Islander o
African-American o
7, Do you now, or have you, within the last three years, been a member of any club or organization that, to your
lcnowledge, in practice or policy, restricts membership or restricted membership during the time that you
belonged on the basis of race, religion, national origin, or gender? If so, detail the name and nature of the
club(s) or organization{s), relevant policies and practices, and state whether you intend to continue as a member
if you appointed by the Governor. No
8. Email Address:
cba.r (..00 k , L.Ol'Y)
9. Cellular Telephone Number: Cr:g I
3
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...
Applicll11t's Name, including name
commonly used (please print)
GOVERNOR'S APPOJNTMlua
OFFJCE
o This information will be used to provide demographic Slalislics and is nOl requested for the purpose of discriminating on Illy basis.
EXHIBIT
Revised 612000
4
------------------------------------------
QUESTIONNAIRE FOR GUBERNATORIAL APPOINTMENTS
The infon1l3rion frorn this questionnaire will be used by the Governor's Office and. where applicable. The Florida Senate in
considering action on your confirmation. The questionnaire MUST BE COMPLETED TN FULb Answer "none" or H
not
applicable" where appropriate. Please type or print in black ink..
_0_7L
1. Name;
Date Completed
__
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2. Business Address: Ash ieI-, / d-.l ooYn,\.pa-
STREeT Offtee , CITY
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POST OFFJCE sox STATE AREA CODeJPtCtE HUMBER
3. Residence Address: G(\ Co { .... ')) r Q..:S61CITY _ .'-An
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POST OffICE SOX STAll! ZIPCOOE
Specify the preferred mailing address: Business }:i. Residence 0
(optional)
4. A. List all your places of residence for the last. five (5) years.
B. List all your former and current residences ourside ofFlorida that you have maintained at any time during adulthood.

rtACL e-LL
S. Date ofBirth: 01ld.-'i 11165 Place of Birth: ld __
I -----
t
6. Social Security Number: _
7. Drive: License Number: -I c t - b S -lbl.f- - Q Issuing _
8. Have. you ever used or been known by any other legal name? Yes 0 No Explain
2
Revised 6/2000
9. Are you a United States citizen?
Yes No 0 If uNa" explain:
---------_.._-_.._----_ __.._---------------_.-----
_
lO.
11. Are you a reg"istered Florida Yes No 0 ((uYes" list
A. B. County of registration: Current Party Affiliation: _
12. Education ',;
A. HighSchool: Year Graduated: skeJfie.ld
(NMlEAHDlGcAlION} :
CE.BIlfIQTiSJPIWeeg BEcaJEp
m"BEt
cr
1S. Concerning your current employer and for all of your employment during the Jast five years. list your name,
business address, type of business
a
occupation or job title. and period(s) ofemployment.
16. Have you ever been employed by any state, district. or local governmental agency in Florida? Yes 0

If"Yes
tli
identitY the position(s), the name(s) oflhc employing agency, and the period(s) of employment:
PEBIQO Of EHPLQYMUtT
3
Revised 612000
D. Identify all association memberships and association offices held by you that relate to this appointment:
18. Do you currently hold an office or position (appointive, civil service, or other) with the federaJ or any foreign government?
Yes 0 No ~ IfuYes", list:
19. A.. Have you ever been elected or appointed to any public office in this state? Yes 0 No 'rZf If"es, state the
office title, date of election or appointment, term of office, and level ofgovernment (city, c O ~ J district, state,
f.:deral):
TE8M cr OEf)CE
4
Revised 6/2000
B.
If your service was on an appointed hoard(s), committee(s). or council(s): t'J/'4
(I) How frequently were meetings scheduJed: , .______ . I
'--._-----------
(2) lfyou missed any of the regularly scheduJed meetings, state the number ofmeerings you attended, the number you
missed
t
and the reasons(s) for your absence(s).

; J
20. Has probable cause ever been found that you in violation ofPart lIlt Chapter 112, F.S. the Code of Ethics for Public
Officers and Employees? Yes 0 No:K give derails:
I'
QtsrqsalOH
2[, Have you ever been suspended from any office by the Governor of the State ofFlorida? Yes 0 NO.,r. If"Yes", list:
A. Title of office: _ C. Reason for suspension: __
B. Date of suspension: .__________ D. Result Reinstated D Removed 0 RCBigned 0
22. Have you previously been appointed to any office that required confinnation by the Florida Senate? Y'es 0 No
list:
A. Title ofOffice: _
B. Tenn of Appointment: _-------------------- _
C. Confinnation results: _
23. Have you ever been refused a fidelityI surety, perfonnance, or other bond? Yes 0 NO)( If"Yes", explain:
24. Have you held or do you hold an occupational or professional license or certificate in the State ofFlorida? Yes 0 No 0
IfltYes
u
provide the title and number, original issue date, and issuing authority. If any disciplinary action (fine, probation.
suspension. revocation. disbarment) has ever been taken against you by the issuing authority, stale the type and dare of the
action laken:
UCNSElCEBTf'CAIE
nnE NYMllfB ISSUING .wrHQRny gllClPUNARY ACTIOHtD6IE
Pair -tli85!2.b'&
Iftt'-----__ : ( e ....(f- NO'NL
25. A. Have you, or businesses ofwhich you have been and OYfner, officer. or employee, held any contractual or other direct
dealings during the last four (4) years with any state or local governmental agency in Florida, including the office or
agency to which you have been appointed or are seeking appointment? Yes 0 No)lf, IfuYes", explain:
YOUR BLATIONM1!P TO BUSINESS aysltfESS" BLADONSHtP TQ Nif.Hf;i
----_._-_._.._....._....._._-_...__._,-----------------------------
5
Rtvised 612000
B. Have members of your immediate family (spouse, child, parcnts(s), siblings(s, or businesses ofwhich members of
your immediare family have been o'wners, officers, or employees, held any contractual or other direct dealings during
the last four (4) years with any state or local governmental agency in Florida, including the office or agency to which
you have been appointed or are seeking appointment? Yes 0 No";8.. If''Yes'', explain:
F,wR.,X r.EbIIEB'S UN'LYME'.to!ilE:R'S BUSINESS'RLAIlONSttP
RgWIONSHP m YOU RELA!tpHSHIP TO BUSINESS
-----_ _ _-_..
26. Have you ever been a reg!sjered lobbyist or have you lobbied at any level of government at any time during the past five (5)
years? Yes 0 No 1J..
A. Did you receive any compensation other than reimbursement for expenses? Yes 0 No t!i
B. Name ofagency or entity you lobbied and the principal(s) you represented:
6!W!CY LDB!llED eflIICIC", RP8ESE1flED
27. List three persons who have known you well within the past five (5) years. Include a current, complete and
telephone number. Exclude your relatives and members of the Florida Senate.
28. Name any business, professional, occupational. civic, Of fraternal organizations(s) ofwhich you are now a member, or of
which you have been a member during the past five (5) years, the organization address(es), and datc(s) ofyour
membership(s).
_ _ __._-------------------------------
._._---_._._---------------
29. Do you know of any rcason why you will not be able to attend fully to dIe duties of the office or position to which you have
heen or will be appointed? Yes 0 No ,Pl.. If''Yes'', explain:
30. If required by law or administrative rule, will you file financial disclosure Yes J[ No 0
6
ReVised 6J2OO()
CERTIFICATION
STATE OF FLORIDA, COUNTY OF
Before me, the undersigned Notary Public of Florida, personailyappeared
C'H--(2.IS A. R.. , who, after being duty sworn, say: (1) that
he/she has carefully and personally prepared or read the answers to the foregoing
quesUons; {2} that the informaUon contained in said answers is complete and true; and (3)
the State of Florida.
that he/she will, as an appointee. fully support the Constitutions of the United Slales and of
Sworn to and subscribed before me
. day of .:r __.t 20.1].
NOTARY PUBUCSTATE OF FLORIDA

Lynne Anne Spina
Commission #DD490021
Expires: DEC. 26, 2009
Bonded Thna Auantic &'nd!ng CO.
J
Inc.
(Print. Type. or SLamp Com'llLssfoned Name of Notary PubUc)
My commission expires: __
OR Produced Identification 0
Type of Identification Produced _
(seal)
7
Revised 6/2000
CHARLIE CRIST
GOVERNOR
April 24, 2008
Mr. Chris A. Barker
400 North Ashley Drive
Suite 2100
Tampa, Florida 33602
Dear Mr. Barker:
Based upon your qualifications and interest in serving the people of Florida, I am
pleased to appoint you as a member of the Thirteenth Circuit Judicial Nominating
Commission.
You will soon receive your qualifying papers from the Department of State.
These papers must be filed with the Secretary of the Department of State, R. A.
Gray Building. Room 316. 500 South Bronough Street, Tallahassee, Florida 32399
0250, within thirty days of the date of their receipt.
If you have any questions about the financial disdosure form, please contact the
Commission on Ethics, Post Office Box 15709, Tallahassee, Florida 32317-5709,
or telephone 850/488-7864. Other inquiries may be directed to the Appointments
OffICe at 850/488-2183.
Congratulations, and I wish you the best in your new endeavor.
Sincerely,
Charlie Crist
CC/lm
THE CAPITOL
TALlAHASSEE, FlOItJDA 32399 (850) 488.2272 FAX (850)922-4292
EXHIBIT
VIA FAX (850) 488-9810
March 3, 2010
Ms. Debra Lewis
JNC Coordinator
Office of the General Counsel
Tallahassee, Florida
Dear Ms. Lewis,
Mr. Bajo and I met February 24, 2010 at 4:00pm in a conference room at his law firm,
Akerman Senterfitt, 401 E. Jackson Street, Suite 1700, Tampa, Florida. The meeting
lasted approximately one and a half hours until 5:30pm.
Mr. Bajo was pleasant, professional, and our meeting was cordial. Mr. Bajo has an
impressive record of approximately seventeen years at Akerman Senterfitt. Mr. Bajo
displayed candor that I felt was missing in our earlier email communication. We were
able to reach a consensus on the public records aspect of my complaint.
During our meeting Mr. Bajo and I viewed two of Mr. Rodems' files, one for the vacancy
of Judge Palomino and one for the vacancy of Judge Honeywell. The files contained the
following documents of interest to me.
The fIrst file contained a 3 page letter from Mr. Rodems with 66 pages of attachments.
This letter was addressed to Mr. Bajo and begins "Following Neil Gillespie's recent
communication regarding my application for nomination to the County Court, I am
writing to provide additional details about my relationship with Mr. Gillespie, as
requested." The letter was factually inaccurate and misleading. In addition there were 4
pages of emails from Shauna Burks supportive of Mr. Rodems. The second file contained
2 pages of emails from Jonathan Alpert. The documents totaled 75 pages.
Mr. Bajo initially set a cost of copies at $1.00 based on charges by the Clerk of Court for
court documents. He said the JNC is not subject to chapter 119 Florida Statutes. Mr. Bajo
disclosed that he contacted the Florida Bar which told him "charge whatever you want".
Previously I objected to the $1.00 per page charge on the belief that JNC records are
subject to Rille 2.420, Florida Rules of Judicial Administration. Rille 2.420(f) procedure
(3) Fees for copies of records in all entities in the judicial branch of government, except
for copies of court records, shall be the same as those provided in section 119.07, Florida
Statutes (2001), which 15 cents per page. Since the only redaction on Mr. Rodems'
application was his social security number, there was minimal clerical or supervisory
assistance required, and therefore no justification for a special service charge.
Ms. Debra Lewis, JNC Coordinator Page - 2
Office ofthe General Counsel March 3, 2010
In addition, Ms. Jessica Kassees ofthe Office of Open Government stated in her email of
December 29, 2009 that "The legal cost of duplication is 15 cents per page, plus postage"
for the JNC records I requested from her.
Initially at the meeting I made notes about the file and planned to defer obtaining the
records until the cost was determined by the hearing. In an effort to provide some records
immediately, Mr. Bajo reduced his request to 15 cents a copy for 9 pages of records. (The
remaining 66 pages were my documents attached to Mr. Rodems letter of Dec-28-09).
That resulted in a charge of$I.35, which Mr. Bajo further reduced to $1.00. I accepted
Mr. Bajo's offer and he provided 9 pages of records.
Subsequent to our meeting Mr. John Marc Tamayo, Chair of the 10th Circuit JNe,
responded to a records request. While he said he did not have any records responsive to
my request, his charge was 20 cents a copy. This is what he wrote: "20 cents a copy and
statute allows the charge for reasonable costs of copying." He did not specify what
statute, even after several requests. (Mr. Tamayo's email, February 26, 2010).
Mr. Bajo provided me a redacted copy of Mr. Rodems' application on December 30,
2009 in PDF by email at no charge. This is consistent with my experience with other
records request in Florida that were provided by email in PDF format at no charge.
Mr. Bajo and I discussed the apparent delay in responding to my records request. I accept
his explanation that any perceived delay was due to time constraints of the Christmas
holiday. Mr. Bajo acknowledged my point that a records request should be acknowledged
ifthe records cannot be promptly provided.
In addition Mr. Bajo and I discussed the JNC selection process. Among other things, I
questioned the undue influence of lawyers on the JNC process and believe more public
involvement is vital to an independent judiciary. Lawyers often want to dominate and
control, which often works against the interests of ordinary citizens and minority groups.
While lawyers may be comfortable in the suites of Akerman Senterfitt, less so for the
general public, which I believe prefers more casual venues.
Near the end ofthe meeting I agreed to withdrawal the part of my complaint concerning
records. Mr. Bajo wants to avoid a hearing on matters involving him. He also believes
that your office should decide my complaint against Mr. Barker.
At this time I do not want to pursue a complaint against Mr. Bajo for the cost of records,
since there is a wide range of opinion about the correct amount. However a uniform cost
of JNC records should be established to maintain the integrity ofthe judicial selection
process. Costs should be set for paper copies and for copies in PDF provided by email.
At this time I do not want to pursue a complaint against Mr. Bajo for any delay in
responding to my records request. In my view it appears Mr. Barker's absence from the
JNC left Mr. Bajo shorthanded, which became more of a burden with each new vacancy.
Ms. Debra Lewis, JNC Coordinator Page - 3
Office ofthe General Counsel March 3, 2010
Mr. Barker has been unable to perform his JNC duties for over one year due to conflicts
created by the applications of his law partner Mr. Rodems. So it goes back to Mr. Barker,
his failure to disclose a foreseeable conflict on his application to serve on the JNC, the
Questionnaire For Gubernatorial Appointments signed by Mr. Barker July 6,2007.
Mr. Bajo and I did not discuss paragraphs 10, 11 and 12 ofthe complaint. Mr. Bajo's
email of January 22, 2010 (after the complaint was filed) stated that he did not
acknowledge that Mr. Barker had a conflict of interest. Mr. Bajo did acknowledge that
Mr. Barker disclosed the fact that Mr. Rodems was his law partner and recused himself
from participating in the process. Since I do not know if Mr. Bajo had a legal duty to act
further, I will defer to whatever course of action you or Mr. Wheeler decide is
appropriate, including withdrawing my complaint against him. Please advise.
I sought outside advice about the JNC process from Ms. Victoria Cecil Walker, author of
Merit Selection and Retention: The Great Compromise? Not Necessarily, Court Review,
Fall 2002. Ms. Walker explained that JNC law has changed since her article was written
and she granted me permission to use relevant portions in this matter. For example on
page 3 she described an example ofthe potential for political manipulation on JNCs, an
incident that occurred in 1996 in Palm Beach. This example showed close personal ties
between certain JNC members and nominees, and how insiders can "shepherd" a favorite
candidate through the process. I think Mr. Barker has acted in a similar way.
Mr. Barker's application to serve on the JNC coincides with the timing of his friend and
law partner's desire to become a judge. During 2008 Mr. Barker made such a favorable
impression on the other JNC members as to be elected Vice Chair. When Mr. Rodems
applied for every vacancy the following year he benefited from the good will created by
Mr. Barker, and had access to inside information about how to "shepherd" through the
JNC process.
Since JNC deliberations are closed we do not know the extent that Mr. Rodems may have
further benefited from the relationship. But I believe the timing of Mr. Barker's interest in
the JNC and his failure to disclose a foreseeable conflict on his application to serve on the
JNC is a violation ofthe public trust, reflects discredit upon the judicial selection process,
and suggests partiality in the consideration of applicants. Ms. Walker also referred me to
the current Florida Bar Journal article JNC's: Return to the Way We Were by Mr. Jesse
Diner. Mr. Diner urges a return to the prior JNC process that includes more non-lawyer
commissioners and fewer mandatory attorney commissioners. I concur.
Also be advised that I am disabled and have retained Ms. Karin Huffer, MS, MFT as my
Americans with Disabilities Act (ADA) accommodations designer and advocate for my
lawsuit with Mr. Barker's firm., Gillespie v. Barker, Rodems & Cook, P.A., and William
J. Cook, case no.: 05-CA-7205. A copy ofmy ADA notice to the court is enclosed. This
information was filed February 19, 2010 and I am awaiting a response from the court. My
initial ADA request was made in 2006 to no avail, so I retained Ms. Huffer. This is in
response to harassment by Mr. Rodems who is representing his fmn. I did not require
Ms. Debra Lewis, JNC Coordinator Page - 4
Office ofthe General Counsel March 3, 2010
accommodation in federal court when I appeared pro se in Gillespie v. HSBC Bank, et aI,
case no. 5:05-cv-362-0c-WTH-GRl, US District Court, Middle District of Florida, Ocala
Division, the Honorable William Terrell Hodges presiding.
When I made this JNC complaint I did not know that I would be required to appear at a
hearing, and I assumed the matter would be decided by the JNC. I plan to appear pro se
and have requested the hearing be transcribed or recorded. Thank you.
Sincerely,
cc: Mr. Pedro F. Bajo, Chair, 13
th
Circuit JNC
enclosures
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL
CIRCUIT IN AND FOR IDLLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DMSION
NEll. J. Gll.LESPIE
CASE NO.: OSCA720S
vs.
BARKER, RODEMS & COOK, P.A.
a Florida corporation, and
WILLIAM J. COOK
Defendants.
___________~ I
DMSION:C
PlaintiffNeil J. Gillespie pro se gives notice of ADA accommodation request and
states:
1. Mr. Gillespie provided his ADA accommodation request (ADA Request)>>
and his ADA Assessment and Report by Ms. Karin Huffer MS, MFr, (ADA Report) to
Mr. Gonzalo B. Casares, ADA Coordinator for the 13" Judicial Circuit, 800 E. Twiggs
S ~ Room 604 Tampa, Florida 33602 by hand delive!)'.
2. Mr. Gillespie provided a courtesy copy of his ADA accommodation
request (ADA Request)>> and his ADA Assessment and Report by Ms. Karin Huffer, MS,
MFf (ADA Report), to the Honorable James M. Barton, n, by band delivery.
3. The ADA Request and ADA Report are to be kept under ADA
Administrative confidential management except for use by the ADA Administrator
revealing functional impairments and needed aax>mmodations communicated to the Trier
of Fact to implement administration ofaccommodations. 1bis information is NOT to
Notice, Americans With Disabilities Act (ADA)
Page - 2
Gillespie v. Barker, Rodems & Cook, PA, case OS-eA-720S
become part ofthe adversarial process. Revealing any part ofthis report may result in a
violation ofHIPAA and ADAAA Federal Law.
4. A copy of Mr. Gillespie's completed and signed ADA Request for
Accommodations Form for the 13
th
Judicial Circuit is attached.
RESPECTFULLY SUBMIITED February 19,2010.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via US mail to Ryan Christopher Rodems, attorney, Barker, Rodems & Cook,
P.A., Attorneys for Defendants, 400 North Ashley Drive, Suite 2100, Tampa, Florida
33602, this 19
th
day of February, 2010.
L
REQ1JEST fOR ACCOMMODATIONS BY PERSONS
WITH DISABILITIES AND ORDER
oParty 0 Other
05-CA-7205
FOR COiJIU USE G*.r
o Web (Date OPI received):
o Facsimile
o Written notice
case number:
AppHaInt .......... 1ICICllI1.ltodIItIona under Florida Ru" V# Court. Rule 2.065, as follows:
1. Division d Court: oQimlnlal [l]0vIl oJuvenile
2. Type of proceeding to be COYered (specify: hearing, trial):
All meetings, procecIures, hearings, discovery process, tr1aIS, appeals, and any other court-related actiVity.
3. Dates accommodations needed (specifY):
All dates and times from the commencement d this action until its final conclusion Including any appeal.
4. Impairment necessltating accoomodationS (specifiy):
Please see the /IDA Assessment and Report prepared by Karin Huffer, MS, MFT
5. Type d
Please see the ADA k. . Request d Neil J. Gillespie submitted Feblllary 19,2010
6. Special reql.l5s or anticipated problems (specify): I am harassed by Mr. Rodems in viOlation of Aa. Stat. section 784.048
7. I request that my identity 0 be kept CONFIDENTIAL [Z] NOT be kept CONFIDENTIAL
I dedare under penalty of perjury under the laws r:A the State or FIfll'ldiIlllN1f.*'"
te: Fetlruary 18, 2010
J. GiUespie
(lYPE OR PRINT NAME)
ADHlNlSTRATlVEOFFICEOF 71ECOfJRTlISEONLY
D request for accommodations is GRANTeD because D the request for accommocIations is DENIED because
D the applicant satIsftes the requirements d the rule. D the applicant does not satisfy the requirements d the
rule.
D it does not create an undue burden on the court.
D it does not fundamentally alter the nature of the service, D it creates an undue burden on the court.
program, or activity.
D It fundamentally alters the nature or the service,
program, oc activity
D alternate acoommodatlons granted
ROUTE TO:
D ColIt Facilities D Court Interpreter Center
Date:, _
REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES AND ORDER

Neil Gillespie
From: "Wheeler, Rob" <Rob.Wheeler@eog.myflorida.com>
To: <neilgillespie@mfi.net>; <cbarker@barkerrodemsandcook.com>; <pedro.bajo@akerman.com>
Sent: Thursday, March 04, 2010 10:49 AM
Subject: JNC Complaint against Barker and Bajo
Page 1 of 1
3/4/2010
This correspondence memorializes my recent telephone conversations with Mr. Gillespie, Mr.
Barker and Mr. Bajo regarding Mr. Gillespies JNC Complaint against Mr. Barker and Mr. Bajo.
Mr. Gillespie had withdrawn his complaint against Mr. Bajo.
The Governors Chief Inspector General will conduct an investigation of Mr. Gillespies
allegations against Mr. Barker. The investigation is anticipated to take between 45 60 days.
The Chief Inspector General will issue a report of the investigation that contains findings and
fact and conclusions. After the report is issued, this office will hold a hearing so that the parties
can present any additional evidence or argument.
All parties have agreed to waive the requirement provided by the rules that [a]ction shall be
taken within 60 days of receipt of any written complaint . . .
Thanks to all for your cooperation.
Robert R. Wheeler
General Counsel
Executive Office of the Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
Phone: 850-488-3494
Fax: 850-488-9810
Rob.Wheeler@myflorida.com
Mr. Robert R. Wheeler March 5, 2010
General Counsel
Executive Office of the Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
RE: JNC complaint
Dear Mr. Wheeler,
Thank you for calling yesterday and your action on my complaint. The goal of an
independent judiciary is well worth your effort.
Presently it appears the JNC process is controversial, and this month's article by Florida
Bar President Jesse H. Diner further bears out.
The Governor showed courage last year in the matter ofthe Fifth JNC and the vacancy
created by the retirement of Judge Robert Pleus, Jr. The NAACP filed a compelling
amicus brief. Ultimately the matter showed serious shortcomings in the JNC process
when even the Governor was unable to intervene when two apparently qualified African
American candidates who applied were not nominated.
In my view your appointment ofthe Chief Inspector General is an excellent decision and
may bring light to the secretive JNC process.
As Victoria Cecil-Walker noted in her article, "Interestingly, school board deliberations
regarding appointment of a new superintendent are constitutionally required to be open to
the public. However, JNC deliberations regarding the selection ofjudicial nominees are
currently closed to the public. Naturally, this secrecy could facilitate backroom dealing
and foster public distrust." (p4, top, Merit Selection and Retention, Court Review 2002)
During our meeting February 24
th
, Mr. Bajo related that much of the JNC's work is
conducted by telephone for which no public records exist. This is more secrecy that
reflects discredit upon the judicial selection process.
The timing of Mr. Barker's decision to seek appointment to the JNC, and his friend and
law partner's decision to become a judge, is more than a mere coincidence. It appears
improper and suggests favoritism and political maneuvering in the selection of nominees.
Neil J. Gillespie
8092 SW I 15
th
Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
neilgillespie@mfi.net
March 17,2010
Mr. Robert R. Wheeler
General Counsel
Executive Office of the Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
RE: Additional infonnation for my JNC complaint against Mr. Barker
Dear Mr. Wheeler:
Please accept this additional infonnation for my JNC complaint against Mr. Chris A.
Barker. It appears Mr. Barker's application to the Governor's Office to serve on the JNC
does not show BRC Properties, LLC in his response to question 15:
"Concerning your current employer and for all of your employment during the last five
years, list your employer's name, business address, type of business, occupation or job
title, and period(s) of employment."
BRC Properties, LLC was fonned June 7, 2005 and is currently inactive for failing to file
a required annual report with the State of Florida. The inactive status began September
15,2006. The Articles of Organization (copy enclosed) show the following:
Articles 5 Purpose and Powers, states "The general purpose for which the Company is
organized is to engage in the business of real estate ventures... "
Article 9 Management.
Operating Manager: Chris A Barker
Secretary: Ryan C. Rodems
Treasurer: William J. Cook.
Mr. Robert R. Wheeler, General Counsel Page - 2
Executive Office of the Governor March 17,2010
Article lOis an indemnification clause.
Mr. Barker's 2008 JNC Statement of Financial Interest (Form 1) does not show BRC
Properties, LLC in part F, Interests in Specified Businesses.
Mr. Barker's 2007 JNC Statement of Financial Interest (Form 1) does not show BRC
Properties, LLC in part F, Interests in Specified Businesses.
BRC Properties, LLC appears to have maintained offices at 303 North Baker Street, Mt.
Dora, FL 32757, see enclosed the enclosed business listing.
Thank you for your consideration.
Enclosures
Detail by Officer/Registered Agent Name
Florida Limited Liability Company
BRC PROPERTIES, LLC
Filing Information
Document Number L05000056009
FEI/EIN Number NONE
Date Filed 06/07/2005
State FL
Status INACTIVE
Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT
Event Date Filed 09/15/2006
Event Effective Date NONE
Principal Address
300 WEST PLATT STREET, SUITE 150
TAMPA FL 33606
Mailing Address
300 WEST PLATT STREET, SUITE 150
TAMPA FL 33606
Registered Agent Name & Address
SPIEGEL & UTRERA, P.A.
1840 SW 22ND ST.
4TH FLOOR
MIAMI FL 33145 US
Manager/Member Detail
Name & Address
Title MGR
BARKER, CHRIS A
300 WEST PLATT STREET, SUITE 150
TAMPA FL 33606
Title S
RODEMS, RYAN C
300 WEST PLATT STREET, SUITE 150
TAMPA FL 33606
Title T
COOK, WILLIAM J
300 WEST PLATT STREET, SUITE 150
TAMPA FL 33606
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3/16/2010 http://maps.google.com/maps/place?hl=en&source=hp&um=1&ie=UTF-8&q=BRC+Prope...
May 17,2010
Mr. Erik M. Figlio, General Counsel
Executive Office ofthe Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
RE: JNC complaint
Dear Mr. Figlio,
Congratulations on your recent appointment as General Counsel by Governor Crist. I
wish you well in your new position.
In March of this year the Governor's former general counsel Mr. Robert R. Wheeler
announced that Chief Inspector General Ms. Melinda Miguel would investigate my
complaint against Chris A. Barker of the 13
th
Circuit JNC. Will you continue that
investigation now that Mr. Wheeler has left the office?
Thank you and best of luck.
(352) 854-7807
neilgillespie@mfi.net
CHARLIE CRIST
GOVERNOR
STATE OF FLORIDA
Q&ffite of tbe <!Pobernor
THE CAPITOL
TALLAHASSH.. flORIDA 32399-()I)())
www.flgov.com
850-488-7146
850-487-0801 fax
June 22,2010
Mr. Neil J. Gillespie
8092 Southwest 115
th
Loop
Ocala, Florida 34481
Dear Mr. Gillespie:
The Office of the Chief Inspector General has concluded its investigation of your
complaint against Mr. Barker. I have attached a copy of the inquiry for your
convenience.
Sincerely,
~ '
/ Rick Fig i
General oun
RF/dml
cc: Chris A. Barker
Executive Office of the Governor
Office of the Chief Inspector General
Chief Inspector General Case #201003040004
June 2010
June 2010 Office of the Chief Inspector General Case #201003040004
INTRODUCTION
On March 4, 2010, former General Counsel Robert Wheeler, Executive Office of
the Governor, requested the Office of the Chief Inspector General conduct an
investigation of allegations made by complainant Neil J. Gillespie concerning
misconduct by a Thirteenth Judicial Circuit Judicial Nominating Commission
1
member. Specifically, Mr. Gillespie alleged that Chris A. Barker,2 Commissioner
and current Vice-Chair, has a substantial and ongoing conflict of interest with
regard to a repeat applicant for judicial vacancies within the Thirteenth Judicial
Circuit, his law partner Ryan Christopher Rodems.
OVERALL CONCLUSION
Based on testimonial and documentary evidence, the allegation of misconduct on
the part of Commissioner and Vice-Chair Chris A. Barker is unfounded.
BACKGROUND AND SUMMARY OF COMPLAINT
In a letter dated January 15, 2010 to Governor Crist, Mr. Gillespie outlined his
specific allegations of misconduct in the following pertinent excerpts:
"This is a complaint alleging misconduct of Pedro F. Bajo, Jr.,
Chairperson, 13
th
Circuit Judicial Nominating Commission, and
Chris A. Barker, Commissioner and Vice Chair, 13
th
Circuit Judicial
Nominating Commission."
3
"Commissioner Barker has a substantial conflict of interest with applicant
Ryan Christopher Rodems, his law partner. It is an ongoing conflict as
Mr. Rodems has applied for every vacancy for over a year. Chairperson
1 According to Article V, section 11 (d) of the Florida Constitution, "There shall be a separate
judicial nominating commission as provided by general law for the supreme court, each district
court of appeal, and each judicial circuit for all trial courts within the circuit. Uniform rules of
procedure shall be established by the judicial nominating commissions at each level of the court
system." Section 43.291, Florida Statutes, Judicial nominating commissions.--, outlines the
membership and terms for judicial nominating commission members. Further, Section 43.291(7),
Florida Statutes, states: "The Executive Office of the Governor shall provide all administrative
support for each judicial nominating commission. The Executive Office of the Governor shall
adopt rules necessary to administer this section."
2 In a letter to former Secretary of State Kurt Browning dated April 24, 2008, Governor Charlie
Crist advised that Mr. Barker was appointed to the Thirteenth Circuit Judicial Nominating
Commission for a term beginning April 24, 2008, and ending July 1, 2011.
3 In a letter to former Secretary of State Sue M. Cobb dated July 6, 2006, then Governor Jeb
Bush advised that Mr. Bajo was appointed to the Thirteenth Circuit Judicial Nominating
Commission for a term beginning July 2, 2006 and ending July 1, 2010. Further, in a March 3,
2010 letter to Debra Lewis, Judicial Nominating Commission Coordinator, Office of the General
Counsel, Executive Office of the Governor, Mr. Gillespie informed her that he was withdrawing his
complaint against Mr. Bajo.
2
June 2010 Office of the Chief Inspector General Case #201003040004
Bajo has allowed the conflict to continue. Chairperson Bajo failed to
provide public records for the Commission until the Office of Open
Government intervened'. A number of records are still outstanding. This
misconduct is a violation of the public trust, reflects discredit upon the
judicial selection process, and suggests partiality in the consideration of
applicants.,,4
"This is a complaint made under the Uniform Rules of Procedure for
Circuit Judicial Nominating Commissions, Section IX, Misconduct, which
states a complaint alleging the misconduct of a judicial nominating
commission chair and one or more commissioners of a judicial
nominating commission shall be reported in writing to the Governor for
action. (JNC [Judicial Nominating Commission] Rules, Section IX,
beginning at line 166)."
"After Mr. Barker's appointment to the Commission, Mr. Barker's law
partner, Ryan Christopher Rodems, has applied for at least (5) judicial
vacancies in the 13
th
Judicial Circuit, and has been nominated at least
four (4) times... ".
"The applications submitted by Mr. Rodems to the Commission on which
Mr. Barker serves creates a substantial conflict of interest. Mr. Barker
and Mr. Rodems are law partners in the firm Barker, Rodems & Cook,
PA, 400 North Ashley Dr. #2100, Tampa, FL 33602."
"The substantial conflict of interest between Commissioner Barker and
applicant Rodems is a personal and business relationship that is:
a. A violation of the public trust.
b. Reflects discredit upon the judicial selection
process
c. Suggests partiality in the consideration of
applicants."
"The substantial conflict of interest between Commissioner Barker and
applicant Rodems is ongoing and prevents Commissioner Barker from
being able to attend fully to the duties of the JNC [Judicial Nominating
Commission]. Mr. Rodems appears to have applied for every vacancy in
the 13
th
Judicial Circuit during the year 2009. Mr. Rodems has an
application pending before the JNC [Judicial Nominating Commission] for
the year 2010. This ongoing substantial conflict of interest creates a
permanent inability for Commissioner Barker to perform his official duties
so long as Mr. Rodems continues to submit applications. Florida
4 As previously stated, in a March 3, 2010 letter to Debra Lewis, Judicial Nominating Commission
Coordinator, Office of the General Counsel, Executive Office of the Governor, Mr. Gillespie
informed her that he was withdrawing his complaint against Mr. Bajo.
3
June 2010 Office of the Chief Inspector General Case #201003040004
Statutes 43.291 requires the JNC [Judicial Nominating Commission]
have nine members, but the conflict has effectively reduced this JNC
[Judicial Nominating Commission] to eight members."
"This ongoing substantial conflict of interest is unfair to other applicants
and to the citizens of the 13
th
Judicial Circuit. Even if Commissioner
Barker does not vote on the application(s) of Mr. Rodems, it deprives the
other applicants and citizens of a full Commission consideration of all the
applicants."
"The ongoing substantial conflict of interest has also unfairly benefited
Mr. Rodems by having an insider on the JNC [Judicial Nominating
Commission] to advise him of the inner workings of the Commission, to
the disadvantage of applicants who do not have an insider serving on the
Commission. If it is found that Commissioner Barker's service on JNC
[Judicial Nominating Commission] was primarily to benefit his law partner
Mr. Rodems to become a judge, that may amount to malfeasance."
In a letter dated January 19, 2010, to Governor Crist, Mr. Gillespie submitted an
addendum to his complaint letter of January 15, 2010, outlining additional
allegations of misconduct against Mr. Barker in the below pertinent excerpts:
"Question number 27 lists 'Chris Rodems' as a person he has known
well within the past five (5) years. The add"ress for 'Chris Rodems' is
listed as 400 North Ashley Dr. #2100, Tampa, FL 33602. 'Chris Rodems'
is in fact Ryan Christopher Rodems, his law partner, and the address is
that of his law firm, Barker, Rodems & Cook, PA." ...
"Question number 29 on Mr. Barker's questionnaire asked, 'Do you know
of any reason why you will not be able to attend fully to the duties of the
office or position to which you have been or will be appointed?'
Mr. Barker responded 'no.'" ...
"At the time he sought appointment to the JNC [Judicial Nominating
Commission], Mr. Barker knew or had reason to believe his law partner
Ryan Christopher Rodems planned to apply for judicial vacancies.
Mr. Barker knew a substantial conflict of interest would exist if he were
appointed Commissioner and his law partner applied for a vacancy to the
JNC [Judicial Nominating Commission] on which he served. Therefore
Mr. Barker knew a reason why he would not be able to attend fully to the
duties of Commissioner if appointed, but he failed to disclose this when
answering the questionnaire he submitted to the Governor July 6, 2007.
Therefore it appears Mr. Barker obtained appointment to the JNC
[Judicial Nominating Commission] under false pretenses. It appears
4
June 2010 Office of the Chief Inspector General Case #201003040004
Mr. Barker sought appointment to the JNC [Judicial Nominating
Commission] not to serve the public, but to help his law partner become
judge."
In an email dated January 20, 2010, to Mr. Gillespie, and copied to Mr. Bajo and
Mr. Barker, Mr. Wheeler acknowledged receipt of Mr. Gillespie's written
complaint and advised that the complaint will be reviewed.
In a March 3, 2010 letter to Debra Lewis, Judicial Nominating Commission
Coordinator, Office of the General Counsel, Executive Office of the Governor,
Mr. Gillespie informed her that he was withdrawing his complaint against
Mr. Bajo.
In an email.datedMarch4.2010.toMr.Giliespie.Mr. Bajo and Mr. Barker,
Mr. Wheeler confirmed that Mr. Gillespie withdrew his complaint against
Mr. Bajo and that an investigation will be conducted of Mr. Gillespie's allegations
against Mr. Barker.
5
In a March 17, 2010 letter to Mr. Wheeler, Mr. Gillespie provided additional
information concerning his complaint against Mr. Barker. Specifically,
Mr. Gillespie advised that Mr. Barker failed to include BRC Properties, LLC in
response to a question on his application for the Judicial Nominating Commission
that requested applicants list all employment during the previous five years.
According to information provided by Mr. Gillespie, Mr. Barker is listed as the
corporation's Operating Manager.
6
Based on the above information, the Office of the Chief Inspector General
initiated an inquiry to examine allegations raised by Mr. Gillespie against Mr.
Barker. Inspector General Ned Luczynski, Department of Business and
Professional Regulation, provided assistance during this inquiry.
GOVERNING DIRECTIVES
Section 43.291, Florida Statutes, states in pertinent parts:
"(2) ... All acts of a judicial nominating commission must be made with a
concurrence of a majority of its members."
5 In this same email.Mr. Wheeler also stated that lIall parties have agreed to waive the
requirement provided by the rules that I[a]ction shall be taken within 60 days of receipt of any
written complaint. .. "'.
6 In consultation with a representative from the Office of General Counsel, Executive Office of the
Governor, Mr. Barker was not required to list BRC Properties, LLC on his application for
appointment because Mr. Barker was not "employed" by BRC Properties, LLC. During his
interview, Mr. Barker said he received no salary money from BRC Properties, LLC. Therefore, no
further investigative activity was conducted on this issue.
5
June 2010 Office of the Chief Inspector General Case #201003040004
"(5) A member of a judicial nominating commission may be suspended for cause
by the Governor pursuant to uniform rules of procedure established by the
Executive Office of the Governor consistent with s. 7 of Art. IV of the State
Constitution. "
"(6) A quorum of the judicial nominating commission is necessary to take any
action or transact any business. For purposes of this section, a quorum consists
of a majority of commission members currently appointed."
Uniform Rules of Procedure for Circuit Judicial Nominating Commissions,
as amended June 25, 2003, states in pertinent parts:
"Section I. Initial Procedure; Investigative Sources: Notice"
"Whenever a vacancy occurs in a judicial office within the jurisdiction of a
judicial nominating commission, the appropriate commission shall actively seek,
receive and review the approved background statements submitted by those who
voluntarily request consideration, and by those who otherwise consent in writing
to such consideration by the commission."
"Section VI. Final Selection of Nominees"
"By majority vote, the commission shall select no fewer than three and no
more than six nominees from the list of applicants who meet the requirements of
the Florida Constitution and all other legal requirements for the judicial office."
"Section VIII. Ethical Responsibilities"
"Judicial nominating commissioners hold positions of public trust. A
commissioner's conduct should not reflect discredit upon the judicial selection
process or disclose partisanship or partiality in the consideration of applicants.
Consideration of applicants shall be made impartially and objectively."
"A commissioner shall disclose to all other commissioners present all
personal and business relationships with an applicant. If a substantial conflict of
interest is apparent, that commissioner shall not vote on further consideration of
any affected applicants. A Commissioner shall declare any conflict of interest
that he/she has. Alternatively, upon motion by any Commissioner, a majority of
all the Commissioners may declare that a commissioner has a conflict of interest.
The affected Commissioner may vote on the motion.,,7
7 In contrast to the Uniform Rules of Procedure for Circuit Judicial Nominating Commissions, the
Supreme Court Judicial Nominating Commission Rules of Procedure, as amended November 7,
2002, are more restrictive. "Section IX. Ethical Considerations," states in pertinent part: "A
Commissioner shall disclose to other Commissioners present all personal, professional and
business relationships with an applicant. ... If a substantial conflict of interest is apparent, that
Commissioner shall not vote on further consideration of any applicants [emphasis added] so
long as the applicant creating the conflict is under consideration during the selection of the initial
6
June 2010 Office of the Chief Inspector General Case #201003040004
"Section IX. Misconduct"
"Each commissioner shall be accountable to the Governor and the chair of
their commission for compliance with these rules and the proper performance of
their duties as a member of a judicial nominating commission. Each
commissioner affirms that under these rules the Governor and/or the chair of
their commission may dispose of any legally sufficient written complaint alleging
the misconduct of one or more commissioners or commissions, limited only by
Article IV, Section 7 of the Constitution of the State of Florida. Each
commissioner further acknowledges that pursuant to Article IV, Section 7 the
Governor may suspend from office any commission member for malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to
perform their official duties, or commission of a felony."
Further, this section states:
"A complaint alleging the misconduct of a judicial nominating commission
chair and one or more commissioners of a judicial nominating commission shall
be reported in writing to the Governor for action." ... "The Governor shall
investigate any complaint if the allegations are in writing, signed by the
complainant, and legally sufficient. A complaint is legally sufficient if the
Governor determines that it contains ultimate facts which show a violation of
these rules or reflects discredit on the judicial selection process." ... "Disposition
of a complaint shall include a hearing which affords the opportunity for the
presentation of evidence to be evaluated by a clear and convincing standard of
proof."
THIRTEENTH CIRCUIT JUDICIAL NOMINATING COMMISSION MEMBERS
Mr. Pedro F. Bajo, Jr., Chair (term ends July 1,2010);
Mr. Chris A. Barker, V i c ~ Chair (term ends July 1, 2011);
Mr. S. Cary Gaylord (term ends July 1, 2012);
Mr. Edward W. Gerecke (term ends July 1, 2012);
Mr. Ronald P. Hanes (term ends July 1, 2010);
Mr. Bing Charles W. Kearney, Jr. (term ends July 1,2012);
Mr. John J. McLaughlin (term ends July 1, 2011);
Mr. William J. Schifino, Jr. (term ends July 1, 2011);
Ms. Barbara N. Wilcox (term ends July 1, 2010).
three (3) nominees. In addition, the Commissioner shall not participate in the selection of any
additional nominees [emphasis added] so long as the applicant creating the conflict is eligible
for consideration."
7
June 2010 Office of the Chief Inspector General Case #201003040004
FINDINGS
Based on testimonial and documentary evidence, the allegation of misconduct on
the part of Commissioner and Vice-Chair Chris A. Barker is unfounded.
In accordance with the Uniform Rules of Procedure for Circuit Judicial
Nominating Commissions (Uniform Rules), Mr. Barker appropriately disclosed to
Commission members his business relationship with applicant Mr. Rodems.
Pursuant to the Uniform Rules, "[i]f a substantial conflict of interest is apparent,
that commissioner shall not vote on further consideration of any affected
applicants." Although testimony is conflicting as to whether Mr. Barker's recusal
was from all duties and responsibilities of the Commission on those occasions
when Mr. Rodems applied for a Judicial Vacancy, all Commissioners testified
that Mr. Barker recused himself entirely from any activities concerning
Mr. Rodems.
Evidence did not support that Mr. Barker's recusal from activities concerning
Mr. Rodems showed a violation of the Uniform Rules, reflected discredit upon the
judicial selection process or suggested partiality in the consideration of
applicants. Both Mr. Barker and Mr. Rodems denied that Mr. Barker provided
information to Mr. Rodems about the judicial selection process. To the contrary,
Mr. Rodems said that Mr. Barker asked him (Rodems) about the process since
he (Rodems) had applied for vacancies in a different circuit and he (Barker)
wanted to know more about the process when he (Barker) was appointed to the
Thirteenth Judicial Circuit Nominating Commission.
Evidence supports that Mr. Barker has not been able to participate fully in
Commission activities during those occasions when Mr. Rodems applied for
judicial vacancies in the Thirteenth Judicial Circuit. Further, Mr. Barker's recusal
on those occasions did reduce the number of Commissioners from nine to eight.
However, Section 43.291 (6), Florida Statutes, states that "A quorum of the
judicial nominating commission is necessary to take any action or transact any
business." Evidence obtained did not support that Mr. Barker's recusal from
Commission activities resulted in the inability to meet the quorum requirements
or that it created a hardship for other Commission members.
Testimony from Commission members supports that Mr. Rodems' nominations to
the Governor were not in any way due to the fact that Mr. Rodems is Mr. Barker's
law partner. Commission members stated that they did not feel pressure to vote
favorably for Mr. Rodems because of his relationship to Mr. Barker.
No evidence was found to support that Mr. Barker's application for appointment
to the Thirteenth Judicial Circuit Nominating Commission "was primarily to benefit
his law partner Mr. Rodems to become a judge." Mr. Barker stated that while he
knew of Mr. Rodems' desire to one day become a judge, he did not know at the
time he applied for appointment to the Thirteenth Judicial Circuit Nominating
8
June 2010 Office of the Chief Inspector General Case #201003040004
Commission that Mr. Rodems would be applying for judicial vacancies in the
Thirteenth Judicial Circuit or any other circuit in the near future. Furthermore,
Mr. Barker indicated that he submitted his application for gubernatorial
appointment in July 2007, listing his Boards of Interest as the Thirteenth Circuit
Judiciaf Nominating Commission, the Second District Court of Appeals and the
Supreme Court.
Witness Testi mony8
Neil J. Gillespie confirmed that he withdrew his complaint against Commission
Chair Pedro F. Bajo, Jr. In addition to the information contained in his written
complaints, Mr. Gillespie commented that he believed the timing of Mr. Rodems'
applications for judicial vacancies and Mr. Barker's application for the Judicial
Nominating Commission was suspect. Mr. Gillespie further commented that
because Mr. Rodems' indicated on his application for judicial vacancy that he
had been considering serving as a judge for some time, Mr. Barker should not
have checked "no" to the question on his application asking if he knew of any
reason why he would be unable to fulfill his duties if selected for the Judicial
Nominating Commission. Mr. Gillespie did not have specific evidence that Mr.
Rodems has received "insider" information about the process from Mr. Barker.
Pedro F. Bajo, Jr. said he was appointed to the Commission in 2006 and is the
current Chair of the Commission. Mr. Bajo generally explained the Commission's
role to include: advertising a judicial vacancy; accepting and reviewing
applications; and conducting background investigations and interviews of
applicants. Mr. Bajo said the Commissioners discuss each applicant until a
consensus on six names is reached, which he said does not always require an
official vote. Finally, Mr. Bajo said the Commission then submits up to six
nominees to the Executive Office of the Governor for judicial vacancies.
Mr. Bajo said he was aware of the relationship between Mr. Rodems and
Mr. Barker prior to Mr. Barker's appointment. He added that both of names
appear in the name of their law firm. He recalled that Mr. Barker disclosed his
(Barker's) relationship with Mr. Rodems at a Commission meeting and that Mr.
Bark'er recused himself from the process. Mr. Bajo recalled that Mr. Barker did
not investigate or interview any applicants.
In response to questioning, Mr. Bajo recalled that he was assigned
Mr. Rodems' application for investigation on one occasion and said he did not
talk with Mr. Barker about Mr. Rodems. Mr. Bajo said Mr. Barker's situation with
Mr. Rodems was not a unique one to the Judicial Nominating Commission,
although he said he could not recall any other current Commission member who
has had to recuse themselves because of a conflict with a law partner. He said
8 Telephone interviews were conducted with all witnesses. Witness statements presented in this
report are paraphrased statements.
9
June 2010 Office of the Chief Inspector General Case #201003040004
Mr. Barker's recusal just means that there is a little more work for the other
Commissioners but that it is not a hardship.
Mr. Bajo recalled that Mr. Rodems applied for judicial vacancies in Polk County
on three occasions before he applied for a judicial vacancy in Hillsborough
County. He said many candidates apply multiple times and that the process
becomes well known to applicants once they have been through it.
Mr. Bajo said that it's a voluntary Commission, and Commissioners try to do the
right thing, be transparent, and submit six really good candidates to the
Governor's office for consideration.
During his interview, Mr. Bajo was asked and agreed to look for any notes or
written documentation of Mr. Barker's disclosure of a conflict of interest or
recusal from participation in the process concerning his law partner, Mr. Rodems.
Subsequently, in an email dated May 24,2010 to the Office of the Chief
Inspector General (Exhibit 1), Mr. Bajo said, "The County Court Vacancy due to
the retirement of Judge Raul Palomino was the first vacancy I handled as Chair
of the 13
th
JNC [Judicial Nominating Commission]. I located some spartan notes
that I took during our meeting addressing the potential conflict of Mr. Barker and I
attach them for you for your review. As I noted to you during our interview,
Mr. barker [sic] has not participated in any of the Background investigations or
interviews of the JNC [Judicial Nominating Commission] candidates."
Pertinent excerpts from Mr. Bajo's notes dated January 5, 2009
9
include:
"-Potential conflict issue with Chris Barker participating"
U-discussion about whether conflict exists or not"
"-discussion whether Barker should recuse himself from
just Rodems interview & voting on Rodems altogether"
Il-Barker volunteers to recuse himself completely from
process due to Rodems App for Palomino seat & agrees to
do the same should Rodems apply for Honeywell seat"
"-JNC voted to accept Barker's recusal and take potential
conflict issues on case by case basis in future"
s. Cary Gaylord said he has been a Commission member for about 10 years.
Mr. Gaylord said he did not know Mr. Barker at the time of his (Barker's)
appointment. Mr. Gaylord said that when Mr. Rodems applied for a judicial
vacancy, he recalled that Mr. Barker recused himself from the entire process. He
9 During a follow-up telephone conversation with Mr. Bajo, he confirmed that his notes should
have been dated January 5, 2010.
10
June 2010 Office of the Chief Inspector General Case #201003040004
said Mr. Barker has been present for a couple of meetings, but leaves when the
process begins. Mr. Gaylord said he has never had a conversation with
Mr. Barker about Mr. Rodems. When asked if he ever voted for Mr. Rodems'
nomination for a judicial vacancy because he (Rodems) is Mr. Barker's law
partner, Mr. Gaylord said "no." When asked if he ever felt pressure to nominate
or vote favorably for Mr. Rodems, Mr. Gaylord responded "no." Mr. Gaylord said
there have been times when one or more Commission members could not be
present during every meeting.
Edward W. Gerecke recalled that Mr. Barker never participated in the process
with respect to his law partner, Mr. Rodems. He further recalled that Mr. Barker
did not participate at all during the last selection process. In response to
questions, Mr. Gerecke said he never felt pressure to vote favorably for
Mr. Rodems' nomination and did not believe that the Judicial Nominating
Commission has failed to perform its duties because of Mr. Barker's recusal from
the process.
Ronald P. Hanes said he has been a Commission member since 2006.
Mr. Hanes said that Mr. Barker has specifically recused himself with regard to
issues related to his law partner, Mr. Rodems. Mr. Hanes responded "no" to
questions regarding whether he felt pressure to n ~ m i n a t e or vote favorably for
Mr. Rodems because of his relationship to Mr. Barker. Mr. Hanes commented
that the rules take into' account that recusals may occur.
Mr. Bing Charles W. Kearney, Jr. said he could not recall if Mr. Barker has
recused himself from the entire selection process but recalled that during the last
meeting, Mr. Barker left the meeting when his business partner, Mr. Rodems,
came up in the meeting. Mr. Kearney commented that Mr. Barker has been very
careful to avoid a perceived conflict of interest or the appearance of one
concerning Mr. Rodems. Mr. Kearney said he never felt pressure to nominate
Mr. Rodems because of his relationship to Mr. Barker and said Mr. Barker never
exerted pressure on him to vote favorably for Mr. Rodems' nomination.
John J. McLaughlin said he has been a Commission member for about two
years. Mr. McLaughlin recalled that Mr. Barker did not take part in any voting
concerning Mr. Rodems. Mr. McLaughlin responded "no" or "absolutely not" to
questions regarding whether he ever felt pressure to vote favorably for
Mr. Rodems' nomination.
William J. Schifino, Jr. said he was the Chair of the Commission the year prior
to Mr. Bajo (approximately July 2008 - June 2009). Mr. Schifino said he does
not believe he missed a meeting as Chair or since Mr. Bajo has been the Chair.
Mr. Schifino recalled that during one of the 1st meetings after Mr. Barker was
appointed, Mr. Rodems' name was on the applicant list. Mr. Schifino further
recalled discussing with Mr. Barker that the protocol in this instance is recusal.
11
June 2010 Office of the Chief Inspector General Case #201003040004
When asked if he ever voted in support of Mr. Rodems' nomination for judicial
vacancy, was his vote influenced by the fact that Mr. Rodems is
Mr. Barker's law partner, Mr. Schifino responded, "oh God no." He added that no
one on the Commission would influence his vote. Mr. Schifino responded
"absolutely not" when asked if he ever felt pressure to nominate Mr. Rodems
because of his relationship to Mr. Barker. Mr. Schifino said he believed
Mr. Barker's recusal because of his potential conflict of interest actuaUy brought
credit to the Commission.
During his interview, Mr. Schifino was asked and agreed to look for any notes or
written documentation of Mr. Barker's disclosure of a conflict of interest or
recusal from participation in the process concerning his law partner, Mr. Rodems.
Subsequently, in an email dated May 21, 2010, Jennifer Post, Assistant to
Mr. Schifino, sent documentation (Exhibit 2) on behalf of Mr. Schifino in this
regard. Pertinent excerpts from the documentation provided are as follows:
In an email dated February 27, 2009 to Mr.Schifino, Mr. Barker states:
"Bill: I just want to confirm that I cannot participate in this
round because of my partner's applications. I would not
want to have even the appearance of impropriety should
anyone call my participation into question. I want to
preserve the integrity of the process and avoid any
problems for you or the Governor. Again, I am sorry and I
look forward to serving with the next set of applications.
Chris"
In an email datedJuly13.2009toMr.Schifino.Mr. Barker states:
"Bill: Am I doing any or do you want me to sit the whole
thing out?"
"I will be happy to do my fair share and just abstain and
recuse myself from voting for Chris Rodems... I just want to
be sure of what you want me to do."
Ms. Barbara N. Wilcox said she has been a Commission member for four years
and recalled that Mr. Barker recused himself during the voting regarding his law
partner, Mr. Rodems. Ms. Wilcox said that she did not feel pressure to vote
favorably for Mr. Rodems' nomination because of his relationship to Mr. Barker
and commented that no one puts pressure on her and "everyone knows it."
When asked if she believed that Mr. Barker's recusal due to his potential conflict
of interest has brought discredit to the Thirteenth Judicial Nominating
Commission, Ms. Wilcox said "yes" adding that it was starting to look that way.
12
June 2010 Office of the Chief Inspecto( General Case #201003040004
Ryan Christopher Rodems said that he and Mr. Barker began working together
in 1993 and subsequently formed their own law firm with a third attorney in 2000.
Mr. Rodems said he first applied for a judicial vacancy in January or February
2008, in the Tenth Judicial Circuit (Hardee, Highlands, and Polk Counties).
Mr. Rodems explained that he grew up in Polk County and had been considering
a judicial vacancy for a number of years. He said he aprlied for six total
vacancies in that circuit and was nominated each time.
1
He said on one
occasion, while in Tallahassee, an attorney in the Office of the General Counsel,
Executive Office of the Governor,11 advised him that it was difficult to get an
appointment in a circuit where you don't live.
Mr. Rodems said he first applied for a judicial vacancy in the Thirteenth Judicial
Circuit in January or February 2009. He said although he had not yet read the
Judicial Nominating Commission Rules of Procedure, he assumed that
Mr. Barker would have to recuse himself during the process. Mr. Rodems said
that Mr. Barker did not sit in on his (Rodems') interviews.
When asked if he discussed his interest in applying for judicial vacancies in the
Thirteenth Judicial Circuit with Mr. Barker, Mr. Rodems said "yes." He explained
that he initially talked with both of his law firm partners back when he applied for
a vacancy in the Tenth Circuit, because if successful, he would be leaving the
firm. He said that he and Mr. Barker may have discussed what they should do
concerning "recusal" when he (Rodems) initially applied for a vacancy in the
Thirteenth Judicial Circuit.
Mr. Rodems said that he and Mr. Barker ~ a d an unwritten agreement not to put
each other "in an awkward position" about the process. He said Mr. Barker may
have informed him of pending retirements, but details regarding selections were
not discussed.
12
Mr. Rodems said that the processes in the Tenth and Thirteenth
Judicial Circuits were similar. He said that when Mr. Barker was appointed to the
Thirteenth Judicial Nominating Commission, he asked Mr. Rodems how the
process worked because Mr. Rodems knew more about it than Mr. Barker.
Mr. Rodems said that he knows Mr. Barker has gone to Commission meetings,
but added that Mr. Barker is not going to share what was discussed at meetings
and he (Rodems) is not going to ask.
10 According to information provided by Debra Lewis, Judicial Nominating Commission
Coordinator, Office of the General Counsel, Executive Office of the Governor, Mr. Rodems was
nominated on six occasions for judicial vacancies in the Tenth Judicial Circuit during 2008 and on
three occasions in the Thirteenth Judicial Circuit (October 2009, March 2010, and June 2010).
11 Mr. Rodems could not recall who told him, adding that it was a comment in conversation as
0EPosed to an official position.
1 During a follow-up telephone conversation, Mr. Rodems explained that it was not uncommon to
learn of pending judicial retirements through the legal community, before any official vacancy
advertisement. Mr. Rodems said Mr. Barker did not share with him (Rodems) any information
that he (Barker) learned about through being on the Judicial Nominating Commission, but rather,
information he (Barker) may have heard about in the legal community.
13
June 2010 Office of the Chief Inspector General Case #201003040004
Subject Testi mony13
Chris A. Barker recalled that a friend of his asked the Executive Office of the
Governor to send him (Barker) an application for gubernatorial appointee.
Mr. Barker said he submitted his application in July 2007 and confirmed that he
listed his Boards of Interest on the application as the Thirteenth Judicial Circuit,
the Second District Court of Appeals and the Supreme Court. Mr. Barker said he
had no specific interest in the Thirteenth Judicial Circuit. Mr. Barker said at the
time he applied, he did not know who was on the Commission. He recalled
receiving a telephone call in April 2008 from the Governor's former General
Counsel Jason Gonzalez, advising him of his appointment to the Judicial
Nominating Commission.
When asked if he knew at the time he submitted his application for a
gubernatorial appointment that his law partner, Mr. Rodems, was planning on
applying for judicial vacancies, Mr. Barker responded, "absolutely not." He sa'id
that he did not know until "New Years of 2008" when Mr. Rodems informed him
he applied for a judicial vacancy in Polk County. Mr. Barker said that Mr.
Rodems had mentioned years earlier that he might one day be interested in
going back to Polk County to be a judge, toward the end of his career, but with
no specific time frame. When asked if Mr. Rodems informed him of his interest in
applying for a judicial vacancy in the Thirteenth Judicial Circuit, Mr. Barker said
he could not recall if Mr. Rodems told him before he applied or not.
Mr. Barker said he did not remember discussing a conflict of interest or recusal
with Mr. Rodems, but recalled that when Mr. Rodems' application came up in the
process, he disclosed that Mr. Rodems was his law partner. Mr. Barker said he
was completely recused from anything to do with his law partner. He said he
was asked to do background checks on some candidates in one instance, but
said he did not participate in any deliberations and did not vote. When asked if
he has been able to participate in the nomination process for any vacancies,
Mr. Barker said he has participated to the extent the rules allowed and when
requested by the Chair. He said he has been totally recused from anything
related to Mr. Rodems.
Mr. Barker said he and Mr. Rodems have had "passing" discussions about
Mr. Rodems applying for judicial vacancies because of the impact of
Mr. Rodems' possible selection for a judicial vacancy on their law firm. He said
discussions were for law firm business planning purposes only. Mr. Barker said
Mr. Rodems never asked him for insight about the process. When asked if he
provided Mr. Rodems with information about the process, Mr. Barker said not
that he could recall other than the timing for purposes related to their business.
Mr. Barker said he did not attempt to persuade other Commission members to
13 A telephone interview was conducted with Mr. Barker and his statement presented in this report
is paraphrased.
14
June 2010 Office of the Chief Inspector General Case #201003040004
vote favorably for Mr. Rodems' nomination or unfavorably for other applicants in
order to benefit Mr. Rodems.
Mr. Barker said he does not believe his recusal from Commission activities has
brought discredit to the judicial selection process. He said the purpose of the
rule was to deal with situations of this nature. Mr. Barker said he did not seek
appointment to the Commission for the purpose of assisting Mr. Rodems in the
process and said that Mr. Rodems had not expressed his interest in applying at
that time.
RECOMMENDATION
It is recommended that the Commission consider expanding the current practice
of disclosing conflicts of interest and obtaining recusals from the process to
include a written disclosure and written documentation of the recusal for each
selection process.
15
Melinda M. Miguel, C
Executive Office of the overnor
June 2010 Office of the Chief Inspector General Case #201003040004
SIGNATURE PAGE
Inquiry Conducted by:
6/2-
I
/
UJ
/O
Ned Luczynski, In pector General Date
siness and Professional Regulation
'-.
~ ~ c - _ ~ : . <...
Dawn E. Case, Deputy Inspector General
Office of the Chief Inspector General
Executive Office of the Governor
Inspector General
16
Case. Dawn
From: Pedro Bajo [pedro.baj.o@bajocuva.com]
Sent: Monday, May 24, 2010 4:52 PM
To: Case, Dawn
Subject: FW: Judge Palomino Vacancy
Attachments: doc20100524163502.pdf
Dear Ms. Case
The County Court Vacancy due to the retirement of Judge Raul Palomino was the first vacancy I handled as Chair of the
13
th
JNC. I located some spartan notes that I took during our meeting addressing the potential conflict of Mr. Barker and
I attach them for you for your review. As I noted to you during our interview, Mr. barker has not participated in any of
the ,background investigations or interviews of the JNC candidates.
Please let me know if you need anything further or have any further questions.
Regards,
Pedro
Pedro F. Bajo, Jr., Esq.
BajoCuva, P.A.
100 N. Tampa Street
Suite 1900
Tampa, FL 33602
813-443-2199 (telephone)
813-4432193 (fax)
813-785-6653 (ceII)
pedro.bajo@bajocuva.com
Exhibit 1
--3U( .
. . ..... .p- .... P.....p :.: :.:-.:. u... -:_.n.-.::-..
:: .. : -..::.:::::::: : uu .:.:.: :.: :....... :.. : : :: :.: :.. :
au
Case, Dawn
From: Jennifer Post Upost@WSMSLAW.COM]
Sent: Friday, May 21, 2010 11 :54 AM
To: Case, Dawn
Cc: William J. Schifino
Subject: JNC - 13th Judicial Circuit
Attachments: 20100521114629723.pdf
Ms. Case,
Attached please find the documentation you requested for your investigation.
Thank you.
Jennifer Post
Assistant to William J. Schifino, Jr. and
Daniel P. Dietrich
WILLIAMS SCHIFINO MANGIONE & STEADY P.A.
201 North Franklin Street, Suite 3200
Tampa, Florida 33602
Phone: (813) 221-2626
Fax: (813) 221-7335
jpost@wsmslaw.com
www.wsmslaw.com
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Confidentiality Notice: The information contained in this e-mail message is intended for the personal and confidential use of the recipient(s) designated above.
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receipt, disclosure. dissemination or distribution of such information shall not waive any such privilege. If you are not an intended recipient of this message. and/or
you have received this message in error. then please notify the sender at (813) 221-2626. Any unauthorized and/or unintended review. use, dissemination.
distribution or reproduction of this message. or any of the information contained in it, is strictly prohibited.
'IRS Circular 230: Pursuant to requirements of practice before the Internal Revenue Service. any tax advice contained in this communication (including any
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Exhibit 2
Page lof2
William J. Schlfino
From: Chris Barker [cbarker@barkerrodemsandcook.com]
Sent: Friday, February 27,2009 2:43 PM
To: . William J. Schifino
Subject: RE: Upcoming meetings.
Chris Rodems.... Ryan Christopher Rodems.
From: William J. Schlflno [mallto:WSchlflno@WSMSLAW.COM]
Sent: FrIday, February 27, 2009 2:39 PM
To: Chris Barker
Subject: RE: Upcoming meetings.
Yes Chris I agree. What is your partners name?
From: Chris Barker [mallto:cbarker@barkerrodemsandcook.com]
Sent: Friday, February 27, 2009 2:41 PM
To: William J. Schtflno
Subject: RE: UpcomIng meetings.
Bill: I just want to confirm that I cannot participate in this round because of my partner's applications. I would not
want to have even the appearance of impropriety should anyone call my participation into question. I want to
preserve the integrity of the process and avoid any problems for you or the Governor. Again, I am sorry and I look
forward to serving with the next set of applications.
Chris
From: William J. Schifino [mallto:WSchlflno@WSMSLAW.COM]
Sent: Friday, February 27, 2009 2:21 PM
To: Amanda Bowers; Amy Eberi Barbara Wilcox; Charles IIBlng
ll
KearneYi Chris Barker; Edward W. Gerecke; John
McLaughlin; Pedro Bajo, Jr.; Ronald Hanes; S. cary Gaylord; William J. Schifino
Cc: Amy Eber
Subject: Upcoming meetings.
March 18th is the night that works for most of us to meet to discuss who we will be Interviewing. Start time 2 PM
March 25th and 26th are the two dates that work for everyone. Start time for interviews will be 1:30.
Location here in my office. Bring your parking ticket up stairs and we will validate it for you.
Your boxes with applications will be ready to be picked up by noon on Tuesday March 3rd. Please contact Amy
Eber. my assistant to arrange for pick up. As In the past I will randomly assign which candidates for which we
each will be conducting the back ground checks.
Any questions or comments please let me know.
William J. Schifino, Jr., Esq.
WILLIAMS SCHIFINO MANGIONE & STEADY P.A.
201 North Franklin Street. Suite 3200
5/19/2010
Page 2 of2
Tampa. Florida 33602
Phone: (813) 221-2626
Fax: (813) 221-7335
wschifino@wsmslaw.com
www.wsmsJaw.com
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Confidentiality Notice: The Infonnalion contained In 'his e.. man message Is Intended (or the personal and confidential use of the reclplent(a)
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unauthorized or Inadvertent use. receipt, disclosure. di&Semination or distribulion of such fnfonnation shall not waive any such privilege. If you are not
an Intended recipient of this message. and/or you have receIved thIs message In error, then please notify the sender at (813) 221-2626. Any
unaulhorized and/or unintended review. use, dlssemfnatlon, distribution or reproduction of Ihl8 message, or any of the InformaDan contained In It. Is
strictly prohlbJted.
IRS Circular 230: Pursuant to requlremenls or practice before the Internal Revenue Service. any tax advtce contained In thIs communlcation (including
any allachments) is not intended lo be used, and cannot be used. for purposes of (I) avoiding penallles Imposed under the United States Internal
Revenue Code or (ii) promoting, marketing. or recommending to another person any tex-related maUer.
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liabJlity for any damage sustained 8S 8 result of 8 virus.
5/19/2010
Page 1 of2
William J. Schifino
From: William J. Schlfino
Sent: Monday, July 13,20094:41 PM
To: 'Chris Barker'
Subject: RE: Your boxes are ready to be picked up.
I want you to pa,rticlpale. I'll explain more Jater. Thanks.
From: Chris Barker [mallto:cbarker@barkerrodemsandcook.com]
Sent: Monday, July 13, 2009 4:37 PM
To: William J. Schlfino .
Subject: RE: Your boxes are ready to be picked up.
Bill: Am I doing any or do you want me to sit the whole thing out?
I will be happy to do my fair share and just abstain and recuse myself from voting for Chris
Rodems, .. I just want to be sure of what you want me to do.
Very Truly Yours,
Chris A. Barker
Barker, Rodems & Cook, P.A.
400 North Ashley Drive, Suite 2100
Tampa. Florida 33602
813/489-1001 Telephone
813/489-1008 Facsimile
cbarker@barkerrodemsandcook.com
NOTICE: This message (including any attachments) is covered by the Electronic Communications Privacy Act, 18
U.S.C. Sections 2510-2521. is i n t e n d ~ d to be confidential, and Is also protected by the attorney-client privilege or
other privilege. It is not intended for review or use by third parties or unintended recipients. If you are not the
intended recipient. you are requested to delete this message (along with any attachments) and destroy any
physical copies. Any retention, dissemination) distrIbution. publication or copying of this communication (and any
attachments) is strictly prohibited.
From: William J. Schlflno [mallto:WSchlfino@WSMSLAW.COM]
Sent: Monday, July 13, 2009 4:27 PM
To; Amanda Bowersj Barbara Wilcox; Bill Schlflnoi Charles "Blng" KearneYi Chris Barker; Edward W. Gerecke;
Jennifer Post; John McLaughlin; Pedro Bajo, Jr.; Ronald Hanes; S. Cary Gaylord
Cc: Jennifer Post
Subject: Your boxes are ready to be picked up.
If you would like I can have someone meet you down stairs if you are driVing down town. Call Jennifer and she
will have someone meet you so you don't have to get out of the car. Reminder we only have two weeks to
conduct the background checks.
Bill.
5/19/2010
Page 2 of2
William J. Schifino, Jr., Esq.
WILLIAMS SCHIFINO MANGIONE & STEADY P.A.
201 North Franklin Street, Suite 3200
Tampa. Florida 33602
Phone: (813) 221-2626
Fax: (813) 221-7335
wschifino@wsmslaw.com
www.wsmslaw.com
tIJ Please conslder the environment before printing this email.
Confidentiality Notice: The lnfonnaUon contained 10 this emaU me$sage Is Intended for the personal and confidential use of the reclplent(s)
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unauthorized or inadvertent use, receipt disclosure, dissemination or distribution of such information shall not waive any such privllege. If you are not
an Intended redplent of this message. and/or you have received thIs message In error. then please notify the sender at (813) 221-2626. Any
unauthorized and/or unintended review. use. dissemination. dlstrlbullon or reproduction of this message, or any of the Information contaIned In II. Is
strictly prohibited.
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5/19/2010
.
Background Checks - Assi2nments
PEDROBAJO:
Michael Benito
Gary Dolgin - applied for both seats
Carolle Hooper - applied for both seats
Troy Lovell
Randall Reder
Miriam Valkenberg
s. CARY GAYLORD:
Herbert Berkowitz
Tholnas Dickerhoof-
Jesse Dominguez
Paul Huey
Elizabeth Rice
applied for both seats
Richard Weis - applied for both seats
ED\VARD GERECKE:
Ada Cat'mona - applied for both seats
Scott Far!'
Alyssa Katz
Yvette MacMillan - applied for both seats
Ryan Rodelns - applied fot' both seats
Zac}lary White - applied for both seats
RONALD HANES:
Patrick Court.ney
Jennifer Gabbard
Robert Kelly - applied for both seats
Judge Nick Nazaretian
Christopher Shulnlan - sent 1 application for both seats, applied for botll seats
Lanell Williams - applied for both seats
DING KEARNEY:
Helene Daniel
Tomas Gacio - applied for both seats
Rhonda King
Kyle Pennington - applied for both seats
John Terry - applied for both seats
JOHN McLAUGHLIN:
Constance Daniels - applied for both seats
Richard Greco
Jenifer Lehner - applied for both seats
Frances Perrone
Cheryl Thomas
BILL SCHIFINO:
John Holsonback
Matthew Lucas - applied for both seats
Joseph Ludovici
Robert Petschow
Barbara Twine-Thomas - applied for both seats
STATE OF FLORIDA
Q&ffice of tbe <!9ol1ernor
THE CAPITOL
TALLAHASSEE. FLORIDA 32399-OfJOI
www.ftgov.com
CHARLIE CRIST
850-488-7146
GOVERNOR
850-487-0801 fax
May 26,2010
Mr. Neil J. Gillespie
8092 S.W. 115
th
Loop
Ocala, Florida 34481
Dear Mr. Gillespie:
Thank you for your letter of May 17, 2010, regarding your JNC Investigation. As
previously stated to you by Rob Wheeler, the Governor's previous General Counsel,
your complaint has been referred to the office of the Chief Inspector General for
investigation. At this time, that office is still conducting its investigation.
RF/dml
VIA FAX (850) 488-9810
Email and First Class Mail
June 29,2010
Mr. Erik M. Figlio, General Counsel
Executive Office of the Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
RE: Complaint against Chris A. Barker, Thirteenth Circuit JNC
Dear Mr. Figlio,
Thank you for your letter and enclosure of June 22, 2010 informing me that the Chief
Inspector General has concluded its investigation of my complaint against Mr. Barker. I
also thank your predecessor Mr. Robert Wheeler for having the integrity to appoint Chief
Inspector General Melinda Miguel to investigate this matter. Her efforts and those of
Deputy Inspector General Dawn E. Case and DBPR Inspector General Ned Luczynski
were of the highest level of professionalism and courtesy.
What happens at this point? Mr. Wheeler's email to the parties March 4, 2010 stated
"After the report is issued, this office will hold a hearing so that the parties can present
any additional evidence or argument." A copy ofthe email accompanies this letter.
Otherwise here are my comments:
The Chief Inspector General has concluded its investigation into my complaint against
Mr. Barker with a finding of "unfounded" (page 2, Overall Conclusion; page 8, Findings)
and made the following recommendation: "It is recommended that the Commission
consider expanding the current practice of disclosing conflicts of interest and obtaining
recusals from the process to include a written disclosure and written documentation of the
recusal for each selection process." (page 15)
The Chief Inspector General said the "Evidence supports that Mr. Barker has not been
able to participate fully in Commission activities during those occasions when Mr.
Rodems applied for judicial vacancies in the Thirteenth Judicial Circuit." (page 8, ~ 4 )
The Findings show conflicting testimony: "Although testimony is conflicting as to
whether Mr. Barker's recusal was from all duties and responsibilities of the Commission
on those occasions when Mr. Rodems applied for a Judicial Vacancy, all Commissioners
testified that Mr. Barker recused himself entirely from any activities concerning Mr.
Rodems." (page 8, ~ 2 ) . The witness testimony of Mr. Bajo shows "[h]e could not recall
any other current Commission member who has had to recuse themselves because of a
conflict with a law partner, and Mr. Barker's recusal just means that there is a little more
work for the other Commissioners but that it is not a hardship." (page 9, ~ 5 , to page 10)
Mr. Erik M. Figlio, General Counsel Page - 2
Executive Office of the Governor June 29, 2010
The Findings reported that "Both Mr. Barker and Mr. Rodems denied that Mr. Barker
provided information to Mr. Rodems about the judicial selection process." In my opinion
this part of the inquiry is not credible in view of their personal and professional
relationship of at least 17 years. Mr. Barker and Mr. Rodems may have told that to the
investigator, but in my view it is either false, nuance, or word parsing. In my ten year
experience with Mr. Barker and Mr. Rodems, they are unable to conduct themselves
honestly when it involves matters of conflict and their behavior.
I found the statement of Ms. Barbara Wilcox credible. She is a nonlawyer member of the
JNC. Ms. Wilcox agreed with me that this situation has brought discredit on the process.
"When asked if she believed that Mr. Barker's recusal due to his potential conflict of
interest has brought discredit to the Thirteenth Judicial Nominating Commission, Ms.
Wilcox said "yes" adding that it was starting to look that way." (page 12, ~ 5 ) .
Mr. Barker did not attend the last set of JNC interviews held June 15,2010 due to conflict
with Mr. Rodems who applied for the vacant circuit judge position previously held by
Judge Black. I attended the interviews as a member of the public. Mr. Rodems was one of
six applicants nominated. Within a week I will forward to you a detailed letter about
those interviews which I covered from start to finish for my justice network. In my view
there were three better qualified applicants and I will set forth the reasons in my letter.
As for the ChiefInspector General's conclusion, I do not agree with it but think they did a
good job with the information available. I agree with Ms. Wilcox that Mr. Barker's
recusal due to his potential conflict of interest has brought discredit to the JNC. In my
opinion the Governor should remove Mr. Barker form the commission, and I will provide
information from the last set of JNC interviews held June 15, 2010 to support removal.
The recommendation of the Chief Inspector General should be implemented. "It is
recommended that the Commission consider expanding the current practice of disclosing
conflicts of interest and obtaining recusals from the process to include a written
disclosure and written documentation of the recusal for each selection process."
Thank you, the Governor, and the Chief Inspector General for investigating my complaint
in a professional manner.
\
cc: Ms. Melinda Miguel, Chief Inspector General (by email only)
cc: Mr. Pedro F. Bajo, Jr., Chair, Thirteenth Circuit JNC (by email only)
Enclosure
Page 1 of 1
Neil Giliese.!!I....-.- _
From: "Wheeler, Rob" <Rob.Wheeler@eog.myflorida.com>
To: <neilgiliespie@mfLnet>; <cbarker@barkerrodemsandcook.com>; <pedro.bajo@akerman.com>
Sent: Thursday, March 04,2010 10:49 AM
Subject: JNC Complaint against Barker and Bajo
This correspondence memorializes my recent telephone conversations with Mr. Gillespie, Mr.
Barker and Mr. Bajo regarding Mr. Gillespie's JNC Complaint against Mr. Barker and Mr. Bajo.
Mr. Gillespie had withdrawn his complaint against Mr. Bajo.
The Governor's Chief Inspector General will conduct an investigation of Mr. Gillespie's
allegations against Mr. Barker. The investigation is anticipated to take between 45 - 60 days.
The Chief Inspector General will issue a report of the investigation that contains findings and
fact and conclusions. After the report is issued, this office will hold a hearing so that the parties
can present any additional evidence or argument.
All parties have agreed to waive the requirement provided by the rules that "[a]ction shall be
taken within 60 days of receipt of any written complaint ..."
Thanks to all for your cooperation.
Robert R. Wheeler
General Counsel
Executive Office of the Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
Phone: 850-488-3494
Fax: 850-488-9810
Rob.Wheeler@myflorida.com
3/4/2010
CHARLIE CRIST
GOVERNOR
STATE OF FLORIDA
Q&ffirr of tbr
THE CAPITOL
TALLAHASSEe. FLORIDA 32399-0nOI
www.ftgov.com
850-488-7146
850-487-0801 fax
July 12, 2010
Mr. Neil J. Gillespie
8092 Southwest 115
th
Loop
Ocala, Florida 34481
Dear Mr. Gillespie:
I am in receipt of your letter dated June 29, 2010, in which you inquire as to what
further action this office intends to take in regards to your complaint against Chris A.
Barker following the Chief Inspector General's ("CIG's") investigation and report. I
understand that this office previously indicated to you that a hearing could be conducted
following the. release of the report. However, after; reviewing. the Uniform Rules of
Procedure for Circuit Judicial, (the "Uniform Rules"), I am
unclear as to the jurisdict,ion of this office to conduct such a hearing.
Section.IX ofUniform Rules provides that a complaint alleging "the misconduct of
one or more commissioners (other than the chair) within a single judicial nominating
commission shall be reported in writing to the chair of the affected commission for
action." R. Proc. Cir. JNC IX (emphasis added). The section then further provides the
chair of the affected commission with plenary authority, and apparently exclusive
jurisdiction, to determine the complaint's legal sufficiency. Id. If a complaint is
determined by the chair to be legally sufficient, the chair has three procedural options
for the complaint's ultimate disposition: (1) the chair may dispose of each charge in the
complaint himself or herself; (2) the chair may refer any charge for disposition by the
Governor exclusively; or (3) the chair may refer any charge for disposition by the
Governor and the chair concurrently. Id. Absent from the Uniform Rules is any
mechanism authorizing the Governor to unilaterally investigate complaints against
commission members except in circumstances where the chair of the affected
commission is personally implicated by the complaint.
In short, although I believe that this office's decision to forward your complaint to
the CIG was appropriate, as it is within the purview of-the CIG's independent statutory
authority, I am unclear as to what authority this office 'would have under the
circumstances presented to provide you with a hearing when the Uniform Rules
contemplate exclusive jurisdiction with the affected nominating commission.
In the absence of any such authority, I am reluctant to pursue this matter further, for fear
of treading into the exclusive jurisdiction of the nominating commission, which is a
separate constitutional body.
If you believe that the analysis above is in error, you are welcome to submit to
this office a letter memorandum outlining its flaws. The memorandum does not need to
comply with rules of civil procedure in terms of form. However, I do ask that you serve
the memorandum on chair of the Thirteenth Circuit Judicial Nominating Commission
and on the subject of your complaint, Chris Barker. I will take no further action in this
matter until the chair and Mr. Barker have received service and have had a reasonable
opportunity to respond.
RF/dml
cc:
Mr. Pedro Bajo
Mr. Chris A. Barker
VIA FAX (850) 488-9810
Email and First Class Mail
July 28, 2010
Mr. Erik M. Figlio, General Counsel
Executive Office of the Governor
The Capitol, Suite 209
Tallahassee, Florida 32399
RE: Your letter of July 12, 2010
Dear Mr. Figlio:
On July 12, 2010 you wrote I was welcome to submit a letter memorandum that does not
need to comply with rules of civil procedure in terms of form. This is my response.
When Mr. Bajo and I met February 24, 2010 at the office of Akerman Senterfitt and
reached agreement on matters in my complaint concerning him, we discussed who would
decide my remaining complaint against Mr. Baker. My understanding was Mr. Bajo did
not feel comfortable deciding the balance of the complaint and wanted the Governor or
his designee to decide.
My complaint and addendum of January 2010 alleged misconduct by the chair and vice
chair. Under that circumstance the Uniform Rules mandate that the complaint be reported
in writing to the Governor for action. R. Proc. Cir. JNC IX at line 166. The Governor
shall investigate the complaint if the allegations are in writing, signed, and legally
sufficient. Id. at line 171. That is how your office became involved.
Since making my complaint in January new misconduct has come to light, and some
members of the JNC have reached the end of their terms.
I believe Mr. Bajos term expired June 30, 2010, although he wrote in an email June 9,
2010 that I will remain chair until at least the end of this month. Mr. Barker will not
become chair until the investigation pertaining to him is resolved one way or the other.
Following that resolution the JNC will determine what steps to take with respect to my
successor. Whether Mr. Barker recuses himself in the future is something that will be
determined at the appropriate time when considering potential vacancies and applicants.
The Chief Inspector General (CIG) reported that the terms of Mr. Bajo, Mr. Hanes and
Ms. Wilcox end July 1, 2010. (page 7). So the current situation is unclear. If Mr. Bajo is
Chair, he previously told me he does not want to decide the complaint. If Mr. Barker is
Chair, it would be a conflict for him to rule on the complaint.
New misconduct involving the 13th Circuit JNC:
Mr. Erik M. Figlio, General Counsel
Executive Office of the Governor July 28, 2010
Page - 2
1. On February 24, 2010 Mr. Bajo provided me a letter Mr. Rodems wrote the JNC
dated December 28, 2009
1
about my lawsuit with Barker, Rodems & Cook, PA. The
letter was from Barker, Rodems & Cook, PA, a professional association corporation of
which Mr. Barker is a named partner and president. Since Mr. Baker is a JNC member
too, the letter creates a conflict when considered as evidence in support of Mr. Rodems.
In my view the letter is also defamatory and inaccurate, which further discredits the JNC
since it comes from the law firm of the vice chair.
2. Misconduct of Cary Gaylord. I learned of the misconduct in April 2010.
a. Mr. Gaylords March 15, 2010 email to Rob Wheeler states in part After hours
of personal work and after hearing from other members of the committee who have done
similar work, I am convinced that all of Mr. Gillespie's complaints against Mr. Rodems,
Mr. Barker and Mr. Bajo are completely without merit. When I asked Mr. Gaylord
about his email, he was unable to substantiate his comments or even remember much
about them, according to his written responses. This brings discredit on the JNC.
b. Mr. Gaylord was unable to provide records and denied any existed. I made a
public records request to Mr. Gaylord April 10, 2010 about his March 15, 2010 email to
Rob Wheeler. Mr. Gaylord responded April 13, 2010 in part I reported the results of
my investigation orally to the other JNC members. I did not keep any notes or files
related to my investigation. The 13
th
Circuit JNC does not keep any notes of any
investigation. I have nothing to refer to in order to refresh my memory. I recall that there
were judges I talked to but I can't recall which onesAs I said, my report was oral and I
kept no records. I hope this answers your questions. In my view the operative words are
did not keep any notes or files related to investigations.
On April 20, 2010 I wrote Mr. Gaylord and reminded him that Except for deliberations
of the judicial nominating commissions, the proceedings of the commissions and their
records are open to the public. Article V, Section 11(d). On April 23, 2010 Gaylord
wrote in part You are correct that all JNC records are open to the public but I can't give
you records that I don't have. If I had notes of interviews and investigations I would
gladly give them to you but they don't exist.
It appears from Mr. Gaylords responses that he had notes of his interviews,
investigations and conclusions but either withheld or destroyed them to avoid public
disclosure. In my view he has not complied with the open records provision of Article V,
Section 11(d) of the Constitution. In addition, notes or files of interviews, investigations
and conclusions are required by the Uniform Rules I and IV. The records are open to
the public, and the records shall be forwarded to the Governor pursuant to VI. It
appears the JNC has not complied with the Uniform Rules public records rules either.
In fact, the absence of records required under the Uniform Rules I and IV would
indicate that Mr. Gaylord may not have attend fully to his duties as commissioner.

1
I had not seen or read the letter prior to February 24, 2010.
Mr. Erik M. Figlio, General Counsel
Executive Office of the Governor July 28, 2010
Page - 3
In Lorenzo v. City of Venice, case no. 2008-CA-8108-SC, (12th Judicial Circuit, FL),
the city counsel failed to comply with public records law. The city counsel was
eventually held liable for attorneys fees exceeding $1 million. Who would pay the
attorneys fees incurred by the JNC if court action is required to obtain public records?
3. Inside information provided by the JNC to Mr. Rodems. It appears someone from
the JNC contacted my former attorney Robert W. Bauer, which resulted in Bauers letter
to the Governor dated January 4, 2010, and my reply. Thats fine. What happened next is
a problem. In my lawsuit with him, Mr. Rodems submitted to the court March 29, 2010,
Defendants Motion for Sanctions Pursuant to Section 57.105(1) and (3), Florida Statutes
Regarding Plaintiffs Amended Motion to Disqualify Counsel.
Mr. Rodems pleading made reference to an argument I had with Mr. Bauer. How did
Rodems learn of this argument? It appears a JNC commissioner spoke with Mr. Bauer,
learned of the argument, and then disclosed the information to Mr. Barker, who in turn told
Mr. Rodems. Or the JNC actor could have relayed the information directly to Mr. Rodems.
4. Mr. Barker was not able to attend to his duties as commissioner June 15, 2010 due
to conflict with Mr. Rodems application for the vacancy of Judge Black. The CIGs
report did not consider that three better qualified applicants were likely passed over to
nominate Mr. Rodems as described in my July 19, 2010 letter to you.
The CIG stated that none of the commissioners felt pressured to nominate Mr. Rodems.
(page 8, 5). However I did make that accusation. In the addendum to my complaint,
January 19, 2010, page 2, paragraph 2, I wrote: Commissioner Barker has made a
favorable impression on the Commission, goodwill which extends to his law firm,
Barker, Rodems & Cook, PA, and flows to Mr. Rodems, his law partner.
As I wrote you July 19, 2010 I believe the reason Mr. Rodems continues to receive
gratuitous support is due to the prestige of his law partner, JNC Commissioner and Vice
Chair Chris A. Barker. Influence is not always overt or intentional. In police forensics for
example, there is a growing movement in law enforcement to use a double blind
procedure in which the officer who shows police lineup photos to the witness does not
know which photo is of the suspect, in effort to remove a source of bias.
The CIGs report showed conflicting testimony: Although testimony is conflicting as to
whether Mr. Barker's recusal was from all duties and responsibilities of the Commission
on those occasions when Mr. Rodems applied for a Judicial Vacancy, all Commissioners
testified that Mr. Barker recused himself entirely from any activities concerning Mr.
Rodems. (page 8, 2). The witness testimony of Mr. Bajo shows [h]e could not recall
any other current Commission member who has had to recuse themselves because of a
conflict with a law partner, and Mr. Barker's recusal just means that there is a little more
work for the other Commissioners but that it is not a hardship. (page 9, 5, to page 10)
Mr. Erik M. Figlio, General Counsel
Executive Office of the Governor July 28, 2010
Page - 4
The CIGs report stated Ms. Wilcox said Mr. Barkers recusals brought discredit on the
JNC. "When asked if she believed that Mr. Barker's recusal due to his potential conflict
of interest has brought discredit to the Thirteenth Judicial Nominating Commission, Ms.
Wilcox said "yes" adding that it was starting to look that way." (page 12, 5).
The CIGs report stated Mr. Rodems said that he and Mr. Barker had an unwritten
agreement not to put each other "in an awkward position" about the process. (page 13,
4). My ten year experience with Messrs. Barker and Rodems shows that nothing puts
them "in an awkward position" regarding their behavior, making Mr. Rodems assertion
meaningless. Mr. Barker has not been able to fully attend his duties on the JNC for over a
year and a half. If that is not an awkward position, what is?
Given the above, I believe Mr. Barkers continued presence on the 13th Circuit JNC is a
violation of the public trust, reflects discredit upon the judicial selection process, and
suggests partiality in the consideration of applicants.
5. On May 5, 2010 I submitted Plaintiffs First Amended Complaint in my lawsuit
with Messrs. Barker and Rodems. The amended complaint adds Messrs. Barker and
Rodems as defendants. Partners engaged in the practice of law are each responsible for
the fraud or negligence of another partner when the later acts within the scope of the
ordinary business of an attorney. Smyrna Developers, Inc. v. Bornstein, 177 So.2d 16
(Fla. Dist. Ct. App. 2d Dist. 1965). The amended complaint alleges the following:
Count 1, Breach of Fiduciary Duty
Count 2, Breach of Implied in Law Contract, AMSCOT
Count 3, Breach of Implied in Fact Contract, AMSCOT
Count 4, Fraud, AMSCOT Release And Settlement
Count 5, Fraud, Closing Statement
Count 6, Negligence
Count 7, Negligent Misrepresentation
Count 8, Unjust Enrichment
Count 9, Civil Conspiracy
Count 10, Invasion of Privacy
Count 11, Abuse of Process
Count 12, Claim for Punitive Damages, 768.72 Florida Statutes
In an email to Mr. Bajo May 28, 2010, I objected to Mr. Rodems nomination for judge
and provided him a PDF of Plaintiffs First Amended Complaint. These claims against
Mr. Barker bring discredit him and to the JNC, as does any nomination of Mr. Rodems.
6. On July 9, 2010 I submitted an Emergency Motion to Disqualify Defendants
Counsel Ryan Christopher Rodems & Barker, Rodems & Cook, PA. This motion shows
that Mr. Rodems is unlawfully representing his firm and partners against a former client
in the same or substantially related matter. On July 9, 2010 I hand delivered Mr. Bajo a
copy of the emergency motion to disqualify Rodems.
Mr. Erik M. Figlio, General Counsel
Executive Office of the Governor July 28, 2010
Page - 5
Taken together with the amended complaint, Messrs. Barker and Rodems have violated
many rules of professional conduct. This is not an isolated incident. Mr. Rodems
application for judge shows other clients made bar complaints against him for similar
misconduct. Former clients Rita M. Pesci and Roslyn Vazquez alleged Mr. Rodems
overcharged them in a contingency case. Former clients Eugene Clement and Gay Ann
Blomefield were defrauded along with me.
There are likely more clients of Barker, Rodems & Cook, PA who have been cheated, but
Mr. Rodems has refused to provide most of the lawful discovery in our lawsuit.
Given the forgoing, I believe Mr. Barkers presence brings discredit to the JNC. Any
nomination of Mr. Rodems is an abomination, and further discredits the JNC.
7. On July 20, 2010 I submitted Plaintiffs Notice of Filing, my affidavit showing
that Mr. Rodems mislead the court during hearings on October 30, 2007 and July 1, 2008
for the purpose of obtaining a dismissal of claims against Barker, Rodems & Cook, P.A.
and William J. Cook. Mr. Rodems misrepresented to Judge Barton that there was a
signed written fee agreement between me and Barker, Rodems & Cook, P.A. when in fact
there was none. There is no signed written fee agreement between me and Barker,
Rodems & Cook, P.A. No such agreement was signed, none exists, and Mr. Rodems has
not produced one. The lack of a signed written fee agreement between the parties is also
a violation of Bar Rule 4-1.5(f)(2). Because Mr. Rodems mislead the court, Plaintiffs
Motion For Rehearing was submitted July 16, 2008 by the Law Office of Robert W.
Bauer, P.A. who formally represented me. The motion for rehearing was signed and
submitted by attorney Tanya M. Uhl, Florida Bar No. 0052924. (n.k.a. Tanya Marie Bell)
8. FL Bar Rule 4-8.3(a) Reporting Misconduct of Other Lawyers. A lawyer who
knows that another lawyer has committed a violation of the Rules of Professional
Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or
fitness as a lawyer in other respects shall inform the appropriate professional authority.
On July 22, 2010 I wrote Mr. Bajo that You and the lawyer members of the 13th Circuit
JNC may have an obligation under Florida Bar Rule 4-8.3 to report this misconduct and
that the misconduct, and conflicts created by the misconduct, are a violation of the public
trust, reflects discredit upon the judicial selection process, and suggests partiality in the
consideration of applicants. I provided you a copy of the letter and am currently awaiting
a response from Mr. Bajo. I am also awaiting a response from Mr. Bajo to my July 22,
2010 email about the financial history questions on the application for judge.
9. On July 12, 2010 I gave notice of claim to the 13th Judicial Circuit under section
768.28(6)(a), Florida Statutes. I provided you a copy of the notice. My claim is for the
misuse and denial of judicial process and related civil rights violations. Within hours of
serving the notice Mr. Rodems moved the court for an order directing the Clerk of Court
to issue a writ of execution commanding the Sheriff to levy upon Judgment Debtor and
Mr. Erik M. Figlio, General Counsel Page - 6
Executive Office of the Governor July 28, 2010
Defendant-in-Execution Neil J. Gillespie's choses in action. Meanwhile Judge Cook
failed to recuse herself after receiving notice of my claim against her and the court, and
has continued to make rulings in this case, bringing further discredit to the 13th Circuit.
Given the transgressions found since my complaint in January 2010, how should that
misconduct be addressed? Should I make a new complaint? Please advise.
Thank you and the Governor for your patience and assistance with this matter. You, your
predecessor Mr. Wheeler, and your entire staff have been great. I appreciate your efforts.
Sincerely, .
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
cc by email:
Mr. Pedro F. Bajo, Jr., Chairman, 13th Circuit JNC, pedro.bajo@bajocuva.com
Mr. Chris A. Barker, Vice Chair, 13th Circuit JNC, by fax*
Mr. Ronald P. Hanes, 13th Circuit JNC, rhanes@trombleyhaneslaw.com
Ms. Barbara Wilcox, 13th Circuit JNC, RWilcoxlO6@aol.com
Mr. John 1. McLaughlin, 13th Circuit JNC,john@wagnerlaw.com
Mr. William J. Schifino, Jr., 13th Circuit JNC, wschifino@wsmslaw.com
Mr. S. Cary Gaylord, 13th Circuit JNC, cgaylord@gaylordmerlin.com
Mr. Edward Walter Gerecke, 13th Circuit JNC, egerecke@carltonfields.com
Mr. Charles "Bing" W. Kearney, Jr., 13th Circuit JNC, c/o Amanda Bowers,
bowers@kearneyconstruction.com
Ms. Vicki S Brand, vbrand@flabar.org
Mr. Patrick Bowler Courtney, patrick@lanskyandcourtney.com
Ms. Kim Suzanne Seace, seacelaw@aol.com
Mr. Christopher D. Watson, watsonc@pdI3.state.fl.us
*Due to past issues with harassing email sent to me by Mr. Rodems, I only communicate
with Barker, Rodems & Cook and its lawyers by fax, postal letter, or equivalent.
Fax
From: Neil J. Gillespie
8092 SW 115
th
Loop
Ocala, FL 34481
Telephone: (352) 854-7807
To: Mr. Rick Figlio, General Counsel, Governor Crist
Fax: (850) 488-9810
Date: October 21 , 2010
Pages: one (1 ) this page only
Re: Complaint against 13th Circuit JNC
Dear Mr. Figlio,
My last communication with you was a letter dated August 102010 when Mr. Bajo was still
Chair ofthe 13th Circuit JNc. Has there been a final resolution to my complaint? I have not
heard from anyone in your office or the 13th Circuit JNc.
Edward W. Gerecke is nowChair ofthe 13th Circuit JNc. Since Mr. Barker was Vice Chair
and next in line to become Chair, what accounts for the change in order? I also note that
Mr. Gaylord is the current Vice Chair. Please advise. Time is ofthe essence. Thank you.
NOTE: This fax and the accompanying infonnation is privileged and confidential and is intended only for use by
the above addressee. Ifyou are not the intended recipient, you are hereby notified that any use, dissemination or
copying ofthis fax and the accompanying communications is strictly prohibited. Ifyou have received this
communication in error, please immediately notify the sender by telephone, collect ifnecessary, and return the
original message to me at the above address via U.S. mail. Thank you for your cooperation.
All calls on home office business telephone extension (352) 854-7807 are recorded for quality assurance pwposes
pursuant to the business use exemption ofFlorida Statutes chapter 934, section 934.02(4XaXl) and the holding of
Royal Health Care &rvs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F2d 215 (lIth eir. 1991).
STATE OF FLORIDA
<!&ffice of tbe ~ o l 1 e r n o r
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-0001
www.flgov.com
CHARLIE CRIST
850-488-7146
GOVERNOR
850-487-0801 fax
October 25, 2010
Mr. Neil J. Gillespie
8092 Southwest 115
th
Loop
Ocala, Florida 34481
Dear Mr. Gillespie:
Thank you for your July 28, 2010 response to my request for briefing on the issue
of the Governor's jurisdiction to investigate your complaint against the Thirteen Judicial
Circuit Nominating Commission (the "Thirteenth Circuit JNC") Vice Chair Chris Barker,
and for your subsequent correspondence with this office.
As I explained in my July 12, 2010 letter to you, the Uniform Rules of Procedure
for Circuit judicial Nominating Commissions (the "Uniform Rules") authorize
gubernatorial investigation of judicial nominating commissions only in very narrow
circumstances. Of particular relevance here, section IX of Uniform Rules provides that
a complaint alleging "the misconduct of one or more commissioners (other than the
chair) within a single judicial nominating commission shall be reported in writing to the
chair of the affected commission for action." R. Proc. Cir. JNC IX (emphasis added).
That section further provides for investigation by the chair, then provides the chair with
the plenary authority to determine whether to dispose of any legally sufficient charges
himself or herself, or in partnership with the Governor, or by the Governor exclusively.
Adhering to the plain terms of this section compels the conclusion that this office
can have no further role in investigation and disposition of your complaint against Chris
Barker unless and until the chair of the Thirteenth Circuit JNC finds your complaint to be
legally sufficient after investigation and chooses to forward your complaint to the
Governor for disposition. Further involvement by the office of the Governor in the
absence of such action from the commission's current chair would constitute
unnecessary encroachment into the affairs of the Thirteenth Circuit, a separate
constitutional body.
Mr. Neil Gillespie
October 25, 2010
Page 2
Accordingly, no further action will be taken by this office in response to your
complaint against Chris Barker.
RF/dml
cc: Edward W. Gerecke, Chair 13
th
Circuit JNC
Mr. Chris A. Barker

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