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Blan L.

Teagle, Executive Director September 2, 2020


Judicial Qualifications Commission
P.O. Box 14106
Tallahassee, Florida 32317-4106
Email: bteagle@floridajqc.com
Email: contact@floridajqc.com

RE: Florida JQC Complaint for Circuit Court Judge Anthony M. Tatti, Marion County
Florida, Marion County Judicial Center, 110 N.W. 1st Avenue, Ocala, FL 34475.

Mr. Teagle:

Enclosed is my complaint against Circuit Court Judge Anthony M. Tatti (Judge Tatti), Marion
County Florida, showing the existence of judicial misconduct and/or disability as defined by the
Constitution and the laws of the state of Florida.

Judge Tatti shows "Hispanic" as ethic origin on his Judicial Application Data Record submitted
September 12, 2018 with his application to the Florida Supreme Court Judicial Nominating
Commission. (Exhibit 1). I know Judge Tatti, and together with his name, Anthony Michael
Tatti, assumed he was white, non Hispanic and of Italian heritage. The name “Tatti” is famously
associated with The Harvard University Center for Italian Renaissance Studies at Villa I Tatti,
located in Florence, Italy. If Judge Tatti is not Hispanic, I believe the falsehood on his judicial
application, perhaps calculated to increase his chance of nomination, calls into question his
fitness to serve as a circuit court judge.

Prior to 2018, the following public records show Anthony Tatti was a White, non Hispanic male.

The Florida Bar provided HR records on July 27, 2020, by and through Rick Courtemanche,
Deputy General Counsel, for the Honorable Anthony Michael Tatti that show his race as “White
(Non-Hispanic)” (Exhibit 2). Judge Tatti is age 59, DOB 3/9/1961, graduated law school in
1984, and was admitted to The Florida Bar on 5/31/1985.

The Office of State Court Administration (OSCA), by and through Dustin Metz, Senior Attorney
II, provided records for Judge Tatti on August 3, 2020 that show a Florida Marriage Record,
December 18, 1983 for Anthony Michael Tatti age 22, race “white”. (Exhibit 3). A New
Employment Application dated April 11, 2011 provided by the OSCA for Anthony M. Tatti
shows race “W”.(Exhibit 4).

The Office of the Public Defender for the Fifth Judicial Circuit, Michael Graves, by and through
Karen Cihoski, Administrative Director/Records Custodian, provided employment records on
August 11, 2020 for Anthony Michael Tatti, a W-4 payroll form dated 12/29/87 that shows “race
code 1” which is identified as “1 - WHITE (NOT HISPANIC ORIGIN”. (Exhibit 5).

A Public Defender W-4 payroll form dated 03/18/87 for Anthony Michael Tatti shows “race
code 1” which is identified as “1 - WHITE (NOT HISPANIC ORIGIN”, signed and dated
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

12/22/87 by Anthony M Tatti (Exhibit 5). A Form W-4 for Anthony M Tatti shows RACE “W”
and is signed and dated 2/12/87 by Anthony M Tatti (Exhibit 5).

The State Attorney’s Office for the Fifth Judicial Circuit, State Attorney Brad King, by and
through Danielle B. Ruse, Assistant State Attorney, provided records August 12, 2020 for
Anthony M. Tatti that show race “W WHITE NON-LATIN”. (Exhibit 6).

The forgoing records were provided gratis, without cost. A response by Roy Wolgamuth,
General Counsel for the Fifth Judicial Circuit, on August 28, 2020, demanded an advance
payment of $149.96 to provide the records. (Exhibit 7). I responded to Mr. Wolgamuth in part,

“...your response to my record request is late, and your demand for $149.96 is moot.
Some time ago the OSCA provided records, gratis, showing the ethnic origin of the
circuit judges of the Marion County Circuit Court. They are all white, non-Hispanic
except one. One is Hispanic or Latino, non-white, which narrows it down to Judge Tatti.
If you disagree, you can check your records on your own dime, but I am satisfied with the
records provided by the OSCA.”

In my view racial and ethnic diversity is important to the mandate of the Florida courts,

“Justice: Fair and Accessible to All.”


https://www.floridasupremecourt.org/

Hear ye! Hear ye! Hear ye! The Supreme Court of Florida is now in session. All who
have cause to plea, draw near, give attention, and you shall be heard.

I believe the Florida courts are a long way from providing “Justice: Fair and Accessible to All.”

On September 27, 2016 I wrote to then-President Barack Obama about racial injustice in the
Marion County Public Schools. (Exhibit 8). At the time, Central Florida, Fifth Judicial Circuit,
was home of an all-white bench, a Jim Crow bench in 2016. I wrote Pres. Obama in part,

Mr. President, an African-American schoolgirl in Ocala, Florida may need assistance


attending public school, which is a federally protected activity under 18 U.S.C. §
245(b)(2)(A).

Enclosed is a copy of my letter to Loretta E. Lynch, U.S. Attorney General. Something


disrupted next day delivery of my letter to Attorney General Lynch, shipped on
September 22, 2016, UPS tracking #1Z64589FNW92981779. FBI Director Comey got
his letter delivered on time. But my letter to the Attorney General was misdirected to the
Lafayette Building, Veterans Affairs, 811 Vermont Ave. NW, Washington, DC 20571.
As I write this, my letter to the Attorney General still has not been delivered to the
Department of Justice. I wrote Attorney General Lynch in part,

2
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

The Ocala Star-Banner reported January 29, 2016, "Racial incident at West Port:
3 students face discipline after taunts while waiving Confederate flags."
Meanwhile, the black schoolgirl being intimidated by white supremacists with
Confederate flags was wrongly cited in lieu of arrest.

U.S. Attorney Lee Bentley has jurisdiction, but there is no evidence USAFLM
Bentley sought justice for the black schoolgirl intimidated by white supremacists
with Confederate flags

Mr. President, long ago when I was a student in Levittown, Pennsylvania, the American
Civil War was taught as a history lesson. Today in Ocala, Florida, the Lost Cause of the
Confederacy is an ongoing current event. Too many folks here have not accepted the
outcome of the American Civil War, including powerful people like lawyers, judges, and
perhaps Mr. Bentley.

The murder of 9 African-Americans in Charleston, South Carolina, on June 17, 2015 was
a time of change for many Americans on the Confederate flag issue. But not in Marion
County. Instead, Ocala doubled-down on its support for the flag. Unfortunately
Confederate flags were used in a racial incident at the West Port High School to commit
a hate crime against an African-American student, as defined by Fla. Stat. § 775.085
Evidencing prejudice while committing offense; reclassification, because the offense
involved the race/color of a black student by three white students who used Confederate
flags in a threat of force, to injure, intimidate or interfere with the African-American
student while she was attending public school. Thank you.

Sincerely,
Neil J. Gillespie

Our black president Mr. Obama did not respond. Neither did our black U.S. Attorney General
Loretta Lynch respond. Florida Attorney General Pam Bondi refused to report this hate crime as
required in the Hate Crimes in Florida Report mandated by the Hate Crimes Reporting Act,
section 877.19, Florida Statutes. Eventually I got a letter from the U.S. Department of Justice,
dated December 1, 2017, that appears at Exhibit 9, and states in part,

This is in response to your letter to our office, dated August 28, 2016, alleging civil rights
violation.

The Criminal Section of the Civil Rights Division at the Department of Justice is
responsible for investigating and prosecuting criminal conduct involving deprivations of
federal civil rights. Our enforcement and activity primarily involves deprivations of civil
rights under color of law, which generally involves the use of excessive physical force by
law enforcement officers.

3
Legacy of Hate
Central Florida, Fifth Judicial Circuit, home of
the all-white bench, a Jim Crow bench in 2016

The Indoctrination of Keeper Greene, July 12, 2015


Intergenerational Confederate Propaganda (1861 - 2016)

Keeper Greene, a 2-year-old from of Clermont, draped in a Rebel flag, waves a Confederate
flag with his father, Brian, at the start of the Florida Southern Pride Ride at the Southeastern
Livestock Pavilion in Ocala, Fla., on Sunday. (BRUCE ACKERMAN/Ocala Star-Banner /Landov)

Confederate flag supporters flock to the 'Florida Southern Pride Ride' in Ocala: reports
Ocala police investigating after shots fired near Confederate flag rally WFTV - Orlando, FL

By Tobias Salinger, NEW YORK DAILY NEWS, Monday, July 13, 2015, 6:04 AM
http://www.nydailynews.com/news/national/confederate-flag-supporters-flock-central-florida-rally-article-1.2290300
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

We have carefully reviewed the information that you furnished. However, we have
concluded that your complaint does not involve prosecutable violations of federal
criminal civil rights statutes. This is not a judgment on the truth or merit of your
complaint; it is simply to inform you that this is not the type of case that this office
prosecutes. Therefore, we regret that we are unable to assist you.

It is always of interest for this Department to receive the views of private citizens
concerning items of current public interest.

Thank you for bringing your interest in this matter to our attention.

The Office of State Court Administration (OSCA) provided detailed race and ethnic information
for Judge Tatti and for the Circuit Judges of the Fifth Judicial Circuit. As of October 25, 2018
the race/ethnic records provided by the OSCA show for Judge Tatti “E-1 Hispanic or Latino”.
(Exhibit 10). Also, the records show:

For the years 11/01/2004 through 05/31/2013 the information provided shows Judge Tatti
as “White” for race, but no ethnic information.

For the years 06/01/2013 through 10/24/2018 the information provided shows Judge Tatti
as “White” for race, and “Not Hispanic or Latino” for ethnicity.

For the time period 10/25/2018 to 10/27/2019 the information you provided shows no
race for Judge Tatti and “Hispanic or Latino” for ethnicity.

For the years 10/28/2019 to 12/31/9999 the information you provided shows no race for
Judge Tatti and “Hispanic or Latino” for ethnicity.

The OSCA provided records for the State Courts System, Demographics for Judicial Officers,
January 21, 2020 (Exhibit 11) that show by gender and race for the Fifth Judicial Circuit:

Number of judges Male White Not Hispanic ..... 30 judges


Number of judges Male Hispanic ....................... 1 judge
Number of judges Female White Not Hispanic...12 judges
Total: 43 judges

By race alone for the Fifth Judicial Circuit, without accounting for gender, the records show 42
White Not Hispanic judges, and 1 Hispanic judge. Tellingly, the records show zero judges as:

Number of judges Black Not Hispanic:..................................... 0


Number of judges Asian/Pacific Islander:................................. 0
Number of judges Some Other Race or Two or More Races:... 0

4
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

Section 26.021, Florida Statutes, Judicial circuits; judges, provides,

"The judicial nominating commission of each circuit, in submitting nominations for any
vacancy in a judgeship, and the Governor, in filling any vacancy for a judgeship, shall
consider whether the existing judges within the circuit, together with potential nominees
or appointees, reflect the geographic distribution of the population within the circuit, the
geographic distribution of the caseload within the circuit, the racial and ethnic diversity
of the population within the circuit, and the geographic distribution of the racial and
ethnic minority population within the circuit."

Also see, Section 43.291(4), Florida Statutes,

"In making an appointment, the Governor shall seek to ensure that, to the extent possible,
the membership of the commission reflects the racial, ethnic, and gender diversity, as
well as the geographic distribution, of the population within the territorial jurisdiction of
the court for which nominations will be considered. The Governor shall also consider the
adequacy of representation of each county within the judicial circuit."

Section 26.021(5) of the Florida Statutes provides, The fifth circuit is composed of Citrus,
Hernando, Lake, Marion, and Sumter Counties. I show demographic information on my Justice
Network website (link below) for the counties of the Fifth Judicial Circuit, from Wikipedia and
the 2000 census: https://www.nosue.org/jnc-judicial-nominating-commission/

Citrus County, Florida, Demographics, Wikipedia


https://en.wikipedia.org/wiki/Citrus_County,_Florida#Demographics

As of the census[24] of 2000, 118,085 people, 52,634 households, and 36,317 families
resided in the county. The population density was 78/km² (202/mi²). The 62,204 housing
units averaged 41/km² (106/mi²). The racial makeup of the county was 95.05% White,
2.36% Black or African American, 0.36% Native American, 0.76% Asian, 0.03% Pacific
Islander, 0.37% from other races, and 1.07% from two or more races. About 2.66% of the
population were Hispanics or Latinos of any race.

Sumter County, Florida, Demographics, Wikipedia


https://en.wikipedia.org/wiki/Sumter_County,_Florida#Demographics

As of the census[12] of 2000, there were 53,345 people, 20,779 households, and 15,043
families residing in the county. The population density was 98 people per square mile
(38/km²). There were 25,195 housing units at an average density of 46 per square mile
(18/km²). The racial makeup of the county was 82.60% White, 13.78% Black or African
American, 0.51% Native American, 0.41% Asian, 0.05% Pacific Islander, 1.16% from
other races, and 1.49% from two or more races. 6.29% of the population were Hispanic
or Latino of any race.

5
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

Marion County, Florida, Demographics, Wikipedia


https://en.wikipedia.org/wiki/Marion_County,_Florida#Demographics

As of the census[11] of 2000, there were 258,916 people, 106,755 households, and
74,621 families residing in the county. The population density was 164 people per square
mile (63/km²). There were 122,663 housing units at an average density of 78 per square
mile (30/km²). The racial makeup of the county was 84.16% White, 11.55% Black or
African American, 0.45% Native American, 0.70% Asian, 0.02% Pacific Islander, 1.69%
from other races, and 1.44% from two or more races. 6.03% of the population were
Hispanic or Latino of any race. According to the 2000 Census the largest European
ancestry groups in Marion County were English (18.7%), German (16.7%) and Irish
(14.0%).

Lake County, Florida, Demographics, Wikipedia


https://en.wikipedia.org/wiki/Lake_County,_Florida#Demographics

As of the census[15] of 2000, there were 210,528 people, 88,413 households, and 62,507
families residing in the county. The population density was 221 people per square mile
(85/km²). There were 102,830 housing units at an average density of 108 per square mile
(42/km²). The racial makeup of the county was 87.46% White, 8.31% Black or African
American, 0.33% Native American, 0.79% Asian, 0.04% Pacific Islander, 1.88% from
other races, and 1.18% from two or more races. 5.61% of the population were Hispanic
or Latino of any race.

Hernando County, Florida, Demographics, Wikipedia


https://en.wikipedia.org/wiki/Hernando_County,_Florida#Demographics

As of the census[14] of 2000, there were 130,802 people, 55,425 households, and 40,016
families residing in the county. The population density was 106/sq mi (274/km²). There
were 62,727 housing units at an average density of 51/sq mi (131/km²). The racial
makeup of the county was 92.85% White, 4.07% Black or African American, 0.30%
Native American, 0.64% Asian, 0.02% Pacific Islander, 0.98% from other races, and
1.13% from two or more races. 5.04% of the population was Hispanic or Latino of any
race. 91.1% spoke English, 4.5% Spanish, 1.1% German and 1.1% Italian as their first
language.

The last African-American Circuit Court judge in Marion County was Judge Sandra Edwards-
Stephens who retired October 31, 2013, according to a story by the Ocala Star-Banner, Diversity
on the bench? (Exhibit 12) https://www.ocala.com/news/20130922/diversity-on-the-bench

6
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

Ocala Star-Banner
Diversity on the bench?
By April Warren / Staff writer
Posted Sep 22, 2013 at 6:00 AM

This region’s judiciary looked a lot different when Sandra Edwards-Stephens became a
part of it.

In 1990, when she was elected as a Marion County judge, and in 2000, when she was
appointed as a circuit judge in the 5th Judicial Circuit, she was the only black person
holding either position and one of the few women.

Now, as she readies for retirement — Oct. 31 will be her last day on the bench — only
one part of that picture has changed.

Edwards-Stephens will leave behind 30 circuit judges in the 5th, which covers Marion,
Citrus, Lake, Sumter and Hernando counties.

Some of those circuit judges are women. But there are no other minority judges.
The story is the same for the 11 county judges in the circuit’s five counties: Some
women, but no minorities.

This has not escaped Edwards-Stephens’ notice.

“I was very aware of that fact, but I knew it was time for me to go ahead and go over into
another area of my life,” she said.

Her position inside the Marion County Judicial Center will be filled by Circuit Judge
Anthony Tatti, a former prosecutor and Ocala resident who is transferring in from
Hernando County. The person appointed to replace Edwards-Stephens will likely take
Tatti’s place in Hernando.

Making the appointment will be Gov. Rick Scott. Helping him will be the 5th Judicial
Circuit Judicial Nominating Commission, composed of laymen and attorneys.

The commission is scheduled to interview 22 applicants this upcoming week and get
Scott its list of three to six nominees by Oct. 1.

But even if Scott appoints a minority to the bench — at least two of the 22 applicants are
minorities, one African-American and one Hispanic — the racial diversity picture would
be the same as it was in 1990.

Minority representation is evident in other parts of government within the circuit. In


Marion County alone there are two black School Board members and a black Ocala City
Council member. The former Ocala police chief is African-American.

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Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

But achieving racial diversity is tougher at the judicial level. To become a circuit judge
— whether by election or appointment — a candidate must be an attorney in good
standing who lives within the five counties.

As of Sept. 1 there were 1,201 lawyers in the circuit, according to the Florida Bar. Of the
72 percent who listed their race, 93 percent are white, 2.5 percent African-American, 3
percent Hispanic and 1 percent other, which includes Asian, American Indian and Pacific
Islander.

“I certainly think diversity on the bench is a good thing, and I think as time goes by you
will see that” improve, said the circuit’s chief judge, Don Briggs, who sits in Lake
County.

Overall, the black population in the five counties varies: Marion has 13 percent, Lake,
10.5 percent; Hernando, 5.5 percent; Sumter, 9 percent; and Citrus, 3 percent, according
to census data.

Some members of the black community who were interviewed for this story hope the
final list the governor receives includes qualified minority candidates. But Derek
Schroth, chair of the nominating commission, pointed out that race is not included on the
lengthy qualification list.

“The guidelines do not have any preferential treatment,” he said. “It’s race-neutral.“

[NOTE: Mr. Schroth is wrong; see F.S § 26.021 and F.S. § 43.291(4)]

To be qualified, applicants must be members in good standing of the Florida Bar for five
years, registered voters, and residents of the circuit. In addition, the nomination
committee will consider the candidate’s standing in the community, commitment to equal
justice, knowledge of the law, professional reputation, and knowledge of and experience
in the court.

“We look at that criteria and hopefully a minority candidate meets that criteria, and if so
(that name or names) would certainly be sent up for consideration by the governor,” said
Schroth.

He said the only way to ensure minority candidates are represented on the final
nomination list would be to enact a type of affirmative action process. But courts have
ruled against such moves.

One of the minority applicants is LeAnn Barnes, an assistant public defender and division
chief for the misdemeanor and juvenile divisions.

Barnes, who is black, ran for a Marion County judge position in 2012 but lost to Tommy
Thompson.

8
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

“I had no regrets about what I did,” said Barnes, calling it an experience like no other.
She took almost 41 percent of the vote.

Barnes said she looks forward to her interview with the nominating commission and
hopes a qualified minority candidate replaces Edwards-Stephens.

“My experience is she’s stern and she knows the law and I was inspired from her,”
Barnes said. “There’s always a need for diversity. We can learn from everybody. I think
everybody’s different.“

Barnes said she does think race plays a factor and said she has to prove herself more
because she is a minority.

She hopes the most qualified candidate also reflects the community’s diversity, and said
even if she doesn’t prevail this time, she won’t stop trying.

Scott came under criticism in January from black lawmakers for not appointing as many
minority candidates to the bench as his predecessors did.

In eight years, Gov. Jeb Bush appointed a total of 416 judges, including 52 Hispanics,
one Asian/other and 41 African-Americans.

In four years, Gov. Charlie Crist appointed 180 judges, including 16 Hispanics, two
Asian/other and 15 African-Americans.

During his two years in office, Scott so far has appointed 121 judges, including 13
Hispanics, two Asian/other and six African-Americans.

“There’s a sentiment in the black community that we need not apply because we don’t
think like you,” state Rep. Darryl Rouson, D-St. Petersburg, said during a January
roundtable meeting with Scott, who is a Republican.

Rouson was responding to a comment from Scott that he would only appoint judges with
a conservative thought process, according to Rouson’s legislative assistant, Barclay
Harless.

“Governor Scott appoints the most qualified candidate who will follow the rule of law
from nominees provided by the Judicial Nominating Commission,” said John Tupps,
spokesman for Scott.

Briggs also noted that no governor alone is responsible for the makeup of the judiciary.
Some judges are elected outright, and even appointed judges must stand for re-election
every six years.

9
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

The person Scott picks to replace Edwards-Stephens will come up for re-election in 2014,
which is when Edwards-Stephens was due to be back on the ballot.

When Marion County NAACP President Loretta Jenkins was asked if she had lobbied the
nominating commission to consider minority applicants, she admitted to being unaware
the interviews would be held this upcoming week. However, she said her organization
would become active in pushing for a minority candidate.

She noted the low number of black lawyers in this area and said the NAACP is trying to
educate the younger generation about all the possible job opportunities open to them.
“They have to be motivated within themselves to want to be a servant,” she said.

The issue of minority representation in the judiciary is discussed beyond the 5th Judicial
Circuit.

“I think the judiciary nationwide, whether you are taking about at the state or at the
federal level, doesn’t reflect the diversity of the general population,” said Judith Scully, a
Stetson University law professor.

She said 24 state supreme courts are all white, and two top courts are all male.
“That shows me there’s a problem nationwide,” she said.

Race, age, economic status, gender, sexual orientation and professional background are
all areas that could be taken into consideration for potential candidates, Scully said.
“This issue of diversity is more important, not just in terms of a head count, but in
building trust in the community, as well,” she said.

Several weeks ago, attorneys defending Michael Woods, 30, in one of his first-degree
murder cases argued that prosecutors in the 5th Judicial Circuit disproportionately sought
capital punishment against minority defendants.

Prosecutors disagreed. But to support its theory that Woods faced a discriminatory
system, the defense presented testimony from author Marvin Dunn, whose books include
“The Beast in Florida: A History of Anti-Black Violence.”

“The impact of race can be seen in both schools and court,” Dunn testified, explaining
there should be more minorities serving on the bench.

Dunn said racism was still alive in Florida and said education is key to eradicating these
feelings.

One of Woods’ defense attorneys, Terence Lenamon, said there is likely a qualified
female black candidate who could do the job and that he believes it would be fitting for
such a candidate to be appointed to replace Edwards-Stephens.

10
Judicial Qualifications Commission September 2, 2020
RE: Judge Anthony M. Tatti

“I think, it certainly concerns me, if you see a historical pattern that the jurisdiction is not
being diverse in its placement of judges,” Lenamon said.

When she was asked if diversity should be an important quality for selection of a judge,
Edwards-Stephens referred to the inclusive nature of American society.

“Why should it (diversity) not be?” she asked.

I hereby challenge the constitutionality of confidential JQC proceedings under the First
Amendment to the Constitution of the United States, and any other applicable law.

Under penalty of perjury, I declare that I have examined and understand this complaint form and
to the best of my knowledge and belief, the above information is true, correct and complete and
submitted of my own free will.

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

Enclosures

11
STATE OF FLORIDA FORJQC USE ONLY

JUDICIAL QUALIFICATIONS
COMMISSION
Post Office Box 14106
Tallahassee, Florida 32317
Tel: (850) 488-1581
www.floridajqc.com

COMPLAINT AGAINST A JUDGE

YOUR CONTACT INFORMATION (Please print legibly):

Name: Neil J.Gillespie Phone Number: 352-854-7807


Mailing Address: 8092 SW 115th Loop
City, State, Zip Code: Ocala, FL 34481
IUDGE'S INFORMATION:

Judge's Name: Anthony M. Tatti county:_M_a_ri_o_n _


Address: Marion County Judicial Center, 110 N.W. 15t Avenue
City, State, Zip Code: Ocala, FL 34475

1
This complaint does not involve either of my cases with the judge.
Case Name: -------- _

Case Number Unciudeallle~ersandnumbers):~ _

County: _

[fyou were represented by an attorney} please provide their contact information.

A~orney'sName: ~

Address: _

Ci~Stat~ZipCode:---------------~

Phone: _

1. Name: FL Supreme Court JNC


Relationship to case: no case

Phone number: ~ _

2. Name: ~

Relationship to case: _

Phone: _

2
STATEMENT OF FACTS

Please provide, in as much detail as possible, the information you believe constitutes
judicial misconduct or disability. Include names, dates, places, addresses, and telephone
numbers which may assist the Commission. Attach additional pages as necessary.

See attached complaint letter and exhibits.

3
UNDER THE PENALTY OF PERJURY, I declare that I have read and understand this
complaint form, and the above information is true, correct, con1plete, and submitted of my
own free will.

September 2, 2020
Date

Please note that the Commission only has authority to investigate allegations o[judicial
misconduct or permanent disability by persons holding state judicial positions. The
Commission has no jurisdiction over} and does not consider complaints against} Federal
Judges} magistrates} law enforcemen~ clerks} court personnel} attorneys} etc.

The Commission does not act as an appellate court and cannot review, reverse or
modify a decision or ruling made by a judge in the course ofa court proceeding.

Please return the completed complaint form by regular US Mail, and direct all future
communications, to:

Florida Judicial Qualifications Commission


Post Office Box 14106
Tallahassee, Florida 32317

4
1
Page 1 of 2

Neil Gillespie

From: "The Florida Bar Public Records" <noreplyfloridabar@mycusthelp.net>


To: <neilgillespie@mfi.net>
Sent: Monday, July 27, 2020 9:38 AM
Subject: Mr. Neil Gillespie - General/Multiple Requests Records :: W008555-072720

Attachments:
Profile_Info-A.Tatti_(1)_Redacted.pdf

--- Please respond above this line --- 2

July 27, 2020

Mr. Neil Gillespie


8092 SW 115th Loop
Ocala FL 34481

Public Records Request: W008555-072720 of 7/27/2020


Record Type: General/Multiple Requests Records
Request Description: Records showing the ethnic origin of Anthony Michael Tatti, Bar Number: 473626

In response to your public record request dated July 27, 2020, The Florida Bar has searched its records
and has located the documents that meet the parameters of your request, which are attached to this
message.

Under Florida or federal law, certain information is confidential or exempt from disclosure requirements
and has been redacted. Please note that some records may have been redacted prior to submission to The
Florida Bar. Exemptions identified as follows:

z 119.071(4)(d) Home address and other personal identifying information of qualified individual

If you have any further questions, please feel free to contact me at your earliest convenience.

Sincerely,

Rick Courtemanche
Deputy General Counsel

7/27/2020
Page 2 of 2

rcourtemanche@floridabar.org
850-561-5788

Please note: Florida has very broad public records laws. Many written communications to or from The Florida
Bar regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.

7/27/2020
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition

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Honorable Anthony Michael Tatti

Alerts Account Type Member

Customer Number 0473626 Account Name Honorable Anthony Michael Tatti


Name Honorable Anthony Michael Tatti MIGS

Title Judge Type Circuit Court


Alternative First Name Young Lawyer 1997
Through Year

Confidential Contact Is a Young Lawyer


Member

Birthdate 3/9/1961 Active Military Spouse


Status

Age 59 AMFW Status

Date Admitted to The 5/31/1985 Government


Florida Bar Employee

Year Graduated Law 1984 Is Primary Contact


School

Race White (Non-Hispanic) Is a Test Contact

Sex Code Male Contact Owner Membernation Fonteva


Firm Name

Position in the Firm

Firm Size

Badges Government Employee Badge,Judge


Badge

Eligibility Status
Eligibility Not Eligible to Practice Law in Florida Practice Restriction EXLEJUDG
Eligible to Practice Number of Current 1
Florida Law Restrictions

Email
Work Email atatti@circuit5.org

Phone
Work Phone (352) 401-6740 Mobile (352) 401-6740
Main Office Extension Fax (352) 401-6789

Address
Mailing Addr Line 1: Marion County Judicial Center Physical Addr Line 1: Marion County Judicial Center
Mailing Addr Line 2: 110 NW 1st Ave Ste 4017 Physical Addr Line 2: 110 NW 1st Ave Ste 4017
Mailing City: Ocala Physical City: Ocala

https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 1/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition
Mailing State: Florida Physical State: Florida
Mailing Country: United States Physical Country: United States
Mailing Postal Code: 34475-6601 Physical Postal Code: 34475-6601
Mailing Address Marion County Judicial Center Physical Address Marion County Judicial Center
110 NW 1st Ave Ste 4017 110 NW 1st Ave Ste 4017
Ocala, FL 34475-6601 Ocala, FL 34475-6601
United States United States
Circuit Number of 5 Address Change New Member Questionaire
Official Address Source

County of Official Marion Bypass Postal


Address Standardization

Member Alerts
TFB Member alert TFB Member alert end
enabled date

TFB Member alert Text

CLER
General Credits BSCR 1 Status

Professionalism BSCR 1 Status Desc OT


Credits

Mental Illness Credits BSCR 2 Status

Bias Elimination BSCR 2 Status Desc OT


Credits

Substance Abuse Cycle Status


Credits

Ethics Credits Cycle Status Desc OT


Technology Credits Cycle End Date

Last Contact Date

Last Contact Email

Last Contact Reason

Last Contact Message

CLE Info

https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 2/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition
Customer Anthony Tatti
Type Payment
Date 6/18/2018
Payment Type Credit Card
Memo Sales Order #001222297
Is Posted
Is NSF?
Posted Date 6/18/2018
Total $265.00

0000021712
Customer Anthony Tatti
Type Payment
Date 6/14/2017
Payment Type Credit Card
Memo Sales Order #000188705
Is Posted
Is NSF?
Posted Date 6/14/2017
Total $265.00

Sales Orders
002259405
Customer Anthony Tatti
Status Closed
Date 5/20/2020
Closed Date 5/20/2020
Posting Entity Receipt
Item Count 1
Posting Status Posted
Posted Date 5/20/2020
Total $265.00

002016746
Customer Anthony Tatti
Status Closed
Date 6/14/2019
Closed Date 6/14/2019
Posting Entity Receipt
Item Count 1
Posting Status Posted
Posted Date 6/14/2019
Total $265.00

001222297
Customer Anthony Tatti
Status Closed
Date 6/18/2018
Closed Date 6/18/2018
Posting Entity Receipt
Item Count 1
Posting Status Posted
Posted Date 6/18/2018
Total $265.00
https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 5/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition

Description
Last Modified By Benzy Wilt Adm, 7/6/2020 9:04 AM Date Record Created 5/31/1985
Created By Membernation Fonteva, 12/27/2016 3:33
PM

Badges New Badge

Action Name Relationship Account Awarded E

Government
Edit | Del Employee Direct
Badge
Judge Direct
Edit | Del Badge

Practice Restrictions
00478662
Practice Restriction EXLEJUDG
Status & Hierarchy Current - 0490
Begin Date 3/28/2011
Effective End Date
Entry Date/TimeDB 2011/03/28 11:31:10
Comments
Date/Time ResolvedDB
Resolution Code
Resolved Comment

Receipts
0000450009
Customer Anthony Tatti
Type Payment
Date 5/20/2020
Payment Type Credit Card
Memo Sales Order #002259405
Is Posted
Is NSF?
Posted Date 5/20/2020
Total $265.00

0000315808
Customer Anthony Tatti
Type Payment
Date 6/14/2019
Payment Type Credit Card
Memo Sales Order #002016746
Is Posted
Is NSF?
Posted Date 6/14/2019
Total $265.00

0000165990
https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 4/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition

Continuing Legal Education


Status and Credit History
for Anthony Michael Tatti (Bar #473626) as of 07/27/2020
CLE STATUS TO-DATE

Your CLE cycle: 12/01/2017 - 11/30/2020


Your cycle status: Exempt - no CLE required

BASIC SKILLS

Status Phase End Date Completed

Phase 1 COMPLETE -- 09/30/1988

Phase 2 COMPLETE -- 09/30/1988

Membership Information
Law School University of Florida, Fredric G. Levin Number of Years 35
College of Law Since Admitted to
TFB

Earliest Admit Date Notes

Jurisdiction Other Tax ID


than FL

Jurisdiction (Other
than FL)

Affiliate Membership Information


Florida Law Schools - States in Good
LFA Standing

Number of Faculty Journal Opt Out

News Opt Out

Web Profile
Personal URL 473626 Display Physical
Address in Public
Profi

Firm URL Member Prefers to not


Receive Texts

Photo Display No Photo

Additional Information
Tax Exempt Certificate Inventory Attorney
Date Exemption

Tax Exempt Certificate


Number

https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 3/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition

000188705
Customer Anthony Tatti
Status Closed
Date 6/14/2017
Closed Date 6/14/2017
Posting Entity Receipt
Item Count 1
Posting Status Posted
Posted Date 6/14/2017
Total $265.00

Subscriptions
000106792
Status Active
Subscription Plan Regular Membership - Pay In Full
Activated Date 7/1/2016
Last Renewed Date 5/20/2020
Expired Date
Term Start Date 7/1/2019
Term End Date 6/30/2020
Paid Through Date 6/30/2021
Is Active

Badges
00728769
Badge Regular Member Badge
Badge Class
Badge Type Regular Member Badge
Badge Description Regular Member Badge
Expired Date
Is Active
Item Active Annual Fees
Sales Order Line 0001034438
Last Modified By Membernation Fonteva, 7/1/2019 2:16 AM

00883326
Badge Regular Member Badge
Badge Class
Badge Type Regular Member Badge
Badge Description Regular Member Badge
Expired Date
Is Active
Item Active Annual Fees
Sales Order Line 0001262513
Last Modified By Membernation Fonteva, 7/4/2020 5:17 AM

00171095
Badge Government Employee Badge
Badge Class
Badge Type Government Employee Badge
Badge Description Government Employee Badge
Expired Date

https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 6/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition
Is Active
Item
Sales Order Line
Last Modified By Membernation Fonteva, 2/8/2018 6:09 AM

00171096
Badge Judge Badge
Badge Class
Badge Type Judge Badge
Badge Description Judge Badge
Expired Date
Is Active
Item
Sales Order Line
Last Modified By Membernation Fonteva, 2/8/2018 6:09 AM

Contact History
6/14/2019 9:16 AM
User Anthony Tatti
Action Changed Badges.

10/30/2018 4:55 PM
User Benzy Wilt Adm
Action Changed Mailing State/Province from FL to Florida. Changed Physical State/Province from FL to Florida.

6/24/2017 7:29 AM
User API User
Changed Mobile to (352) 401-6740. Changed Mailing Street from Marion County Judicial Center
110 NW 1st Ave Ste 4017 to Marion County Judicial Center
Action 110 NW 1st Ave Ste 4017. Changed Physical Street from Marion County Judicial Center
110 NW 1st Ave Ste 4017 to Marion County Judicial Center
110 NW 1st Ave Ste 4017.

6/21/2017 1:10 PM
User Anthony Tatti
Deleted (352) 401-6740 in Mobile. Changed Mailing Street from Marion County Judicial Center
Action 110 NW 1st Ave Ste 4017 to Marion County Judicial Center
110 NW 1st Ave Ste 4017.

6/14/2017 11:24 AM
User Anthony Tatti
Changed Mailing Street from Marion County Judicial Center
110 NW 1st Ave Ste 4017 to Marion County Judicial Center
Action 110 NW 1st Ave Ste 4017. Changed Physical Street from Marion County Judicial Center
110 NW 1st Ave Ste 4017 to Marion County Judicial Center
110 NW 1st Ave Ste 4017.

6/14/2017 11:22 AM
User Florida Bar Site Guest User
Action Changed Badges.

4/2/2017 9:49 AM
User Membernation Fonteva
Action Changed Middle Name to Michael.

https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 7/8
7/27/2020 Honorable Anthony Michael Tatti ~ Salesforce - Enterprise Edition

1/27/2017 8:57 AM
User Membernation Fonteva
Changed Work Phone from 352-401-6740 to (352) 401-6740. Changed Mobile from to ( .
Action
Changed Fax from 352-401-6789 to (352) 401-6789. Changed Phone from to .

12/27/2016 4:38 PM
User Membernation Fonteva
Changed Mobile to . Changed Work Phone to 352-401-6740. Changed Work Email to atatti@circuit5.org.
Changed Personal Email to atatti@circuit5.org. Changed Email to atatti@circuit5.org. Changed Fax to 352-401-6789.
Changed Phone to . Changed Mailing Country to United States. Changed Mailing Postal Code to 34475-
6601. Changed Mailing State/Province to FL. Changed Mailing City to Ocala. Changed Mailing Street to Marion County
Action Judicial Center
110 NW 1st Ave Ste 4017. Changed Physical Country to United States. Changed Physical Postal Code to 34475-6601.
Changed Physical State/Province to FL. Changed Physical City to Ocala. Changed Physical Street to Marion County
Judicial Center
110 NW 1st Ave Ste 4017. Changed Salutation to Honorable.

12/27/2016 3:33 PM
User Membernation Fonteva
Action Created.

Copyright © 2000-2020 salesforce.com, inc. All rights reserved.

https://floridabar.my.salesforce.com/0033600000hEiH1/p?retURL=/0033600000hEiH1 8/8
From: Dustin W. Metz
To: Neil Gillespie; John Tomasino;
Subject: RE: Public Records Request 3
Date: Monday, August 03, 2020 1:53:47 PM
Attachments: SCS Judicial Officers -Demographics Report_ January 21, 2020 (1).pdf
Tatti Ethnicity & race data.jpg

Good afternoon Mr. Gillespie,

The public record responsive to your request are attached to this message.

Sincerely,

Dustin W. Metz
Senior Attorney II
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1900
(850) 487-9383
metzd@flcourts.org

Get the Florida Courts Help app and follow us on social media.
http://www.flcourts.org/resources-and-services/education-outreach/outreach-
tools.stml

From: Neil Gillespie <neilgillespie@mfi.net>


Sent: Monday, August 3, 2020 1:08 PM
To: Neil Gillespie <neilgillespie@mfi.net>; John Tomasino <tomasino@flcourts.org>
Cc: Dustin W. Metz <metzd@flcourts.org>
Subject: Re: Public Records Request

Mr. Tomasino,

Do you have a response to my public records request?


From: Dustin W. Metz
To: Neil Gillespie; John Tomasino;
Subject: RE: Public Records Request 4
Date: Monday, August 03, 2020 1:53:47 PM
Attachments: SCS Judicial Officers -Demographics Report_ January 21, 2020 (1).pdf
Tatti Ethnicity & race data.jpg

Good afternoon Mr. Gillespie,

The public record responsive to your request are attached to this message.

Sincerely,

Dustin W. Metz
Senior Attorney II
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1900
(850) 487-9383
metzd@flcourts.org

Get the Florida Courts Help app and follow us on social media.
http://www.flcourts.org/resources-and-services/education-outreach/outreach-
tools.stml

From: Neil Gillespie <neilgillespie@mfi.net>


Sent: Monday, August 3, 2020 1:08 PM
To: Neil Gillespie <neilgillespie@mfi.net>; John Tomasino <tomasino@flcourts.org>
Cc: Dustin W. Metz <metzd@flcourts.org>
Subject: Re: Public Records Request

Mr. Tomasino,

Do you have a response to my public records request?


Telephone Felony Fax
(3s2) 742-4270 (3s2) 742-4297

LAW OFFICES OF
Administrative Fax MICHAEL A. GRAVES Misd./Juv. Fax
(352) 742-3895 PUBLIC DEFENDER (3s2) 2s3-6030

Fifth Judicial Circuit of Florida


Marion. Lake. Hernando. Citrus. Sumter

August 1 1, 2020
5
Neil Gillespie
c/o: neilqillespie @mfi.net

Re: Public Records Request, dated 8lll12020

Mr. Gillespie:

Regarding your request to provide records showing the racial and ethnic background of
Anthony Michael Tatti when he was employed with our office. Attached you will find copies of
the only documents found within our employment file listing his race, which would be his W-4
forms.

The information redacted irom the copies is based on Section I19.071(a)(d)2 e, F.S.;
i
Section 119.071(4)(d)2 l, F.S.; and Section I 19.071(4)(d)2 F.S. This information is protected
and thereby exempted from Public Record release.

Sincerel

L. Cihoski
Administrative Director/Records Custodian

cc: Brittany Quinlan, Assistant Attomey General

123 North Sinclair Avenue . Post Office Box 7800 ' Tavares, Florida 32778
.Jt
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STATE OF FLORIDA EMPLOYEE: PLEASE C0MPLETI


OFFICE OF COMPTROLLER
BUREAU OF STATE PAYROUS w-4 UNSHADED AREAS ONLY
LAST AffMTY DATE: 12/29/87

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XEMPIION FROM WITHHOI.DING MAY B€ CLAIMED ONi-Y IF: AFPLY- ..1
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A. LAST YEAE YOU OID NOT OWE ANY F€OERAI- INCOME
TAX ANO HAO A BIGHT TO A FULI NEFUNO OI ALL
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8. THIS YEAE YOU OO NOT EXPECT TO OWE ANY FEOERAL
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UNOER AL:I IE CEBTIFY THAT I AM EIITITLEO TO
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LAST AftMTY DATE: 03/18/ll7

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UNOEN PEAIALIIES Of FEAJUNY, I CERTIFY THAT I AM GNTITLED TO
IF BOTH A & B APPLY ENTIR YEAR EFFECTIVE AND
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From: Danielle Ruse
To: Neil Gillespie;
cc: Brittany.Quinlan@myfloridalegal.com;
Subject:
Date:
RE: Public Records Request (PRR)
Wednesday, August 12, 2020 4:15:20 PM
6
Attachments: tatti.jpg

Good Afternoon Mr. Gillespie,

After a diligent search, I only found the attached record that matched the
perimeters of your request. Please be advised that pursuant to Florida law, I
withheld Social Security Numbers (Fla. Stat. 119.071(5)(a)(5)), as well as identifying
information of a Judge/family of a Judge (Fla. Stat. 119.071(4)(d)(2)(e)).

Thanks,

Danielle B. Ruse
Assistant State Attorney
110 NW 1st Avenue, Suite 5000
Ocala, FL 34475
(352)671-5800

From: Neil Gillespie <neilgillespie@mfi.net>


Sent: Tuesday, August 11, 2020 12:31 PM
To: 'Neil Gillespie' <neilgillespie@mfi.net>; PublicRecords <publicrecords@sao5.
org>
Cc: Brittany.Quinlan@myfloridalegal.com
Subject: RE: Public Records Request (PRR)

State Attorney's Office


Public Records Custodian
publicrecords@sao5.org

RE: Public Records Request (PRR), Art. I, Sec. 24, Fla. Const. All public records
requests shall be acknowledged promptly and in good faith, F.S. § 119.07(1)(c)

Provide records showing the racial and ethnic background of Anthony Michael
Tatti when he was employed by the SAO. Thank you.

Sincerely,
Page 1 of 1

Neil Gillespie

From: "Wolgamuth, Roy" <rwolgamuth@circuit5.org>


To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Friday, August 28, 2020 4:18 PM
Attach:
Subject:
082820 GILLESPIE PRR Ltr.pdf
Public Records Request 7/23/2020 7
Dear Mr. Gillespie:
 
Attached please find a letter estimating the cost to respond to your public records request
referenced on the subject line of this email. Once I have received payment I will direct HR to
search for your records.
 
Sincerely,
 

ROY L. WOLGAMUTH, ESQ


General Counsel
  Legal Services
Citrus, Hernando, Lake, Marion, Sumter
P 352-253-4433 | M  352-266-9757
E rwolgamuth@circuit5.org | W www.circuit5.org

   
Follow the Fifth Judicial Circuit on social media:

      
 
Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local
Officials regarding State or Local business are public records available to the public and media upon request. Your
email communications, including your email address, may therefore be subject to public disclosure.
 
Confidentiality Notice: This message and any attachments are for the sole use of the intended recipient(s) and may
contain confidential and privileged information that is exempt from public disclosure.  Any unauthorized review,
use, disclosure, or distribution is prohibited.  If you have received this message in error please contact the sender
(by phone or reply by electronic mail) and then destroy all copies of the original message.
 
 

8/28/2020
STATE OF FLORIDA
FIFTH JUDICIAL CIRCUIT

ADMINISTRATIVE OFFICE OF THE COURTS

CITRUS, HERNANDO, LAKE, MARION, AND SUMTER COUNTIES

Daniel B. Merritt, Jr. Jonathan Lin


Chief Judge Trial Court Administrator

August 28, 2020


Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Ph: 352-854-7807

RE: Public Records Request of July 23, 2020

Dear Mr. Gillespie:

This letter shall serve as confirmation of receipt of the public records requests
that you made on or about July 23, 2020. You request “records showing the gender
and ethic (sic) origin of the circuit judges of the Marion County Circuit Court.” And
an “initial response may be one page showing the name, the gender and ethic (sic)
origin of the circuit judges of the Marion County Circuit Court.” A public entity is
under no obligation to create a record, only to provide records that already exist.
Additionally, certain records, or portions of records, are confidential.

BE ADVISED: All Requests for Judicial Records are governed by Florida Rule
of Judicial Administration 2.420.

After meeting with the Human Resources department, it has been determined
it will take them two (2) hours to locate requested documents, if any exist, retrieve,
print, or copy them. As such, in accordance with Fla. Stat. 119.07(4)(d) your request
will require extensive assistance by court personnel. The hourly wage for the Human
Resources personnel to retrieve and copy the information will be $47.48 per hour
and as stated will encompass two (2) hours of employee time. Additionally, due to
the nature and content of the personnel files that you have requested, your request
will require legal review and redaction. The hourly wage for the attorney’s legal
 Citrus County Courthouse  Hernando County Courthouse  Lake County Courthouse  Marion County Judicial Center  Sumter County Courthouse
110 N. Apopka Avenue 20 N. Main Street P.O. 7800/550 W. Main Street 1 1 0 N.W . F irs t Av en u e 215 E. McCollum Avenue
Inverness, FL 34450 Bro o k sv il le , F L 3 4 6 0 1 Tavares, FL 32778 Ocala, FL 34475 Bushnell, FL 33513
(352) 341-6700 (352) 754-4402 (352) 253-1604 (352) 401-6701 (352) 569-6950
(352) 341-7008 FAX (352) 754-4235 FAX (352) 253-1630 FAX (352) 401-7883 FAX (352) 569-6985 FAX
review and redaction is $55.00 per hour and will encompass one (1) hours of attorney
time. The total amount due is one hundred forty-nine dollars and ninety-six cents
($149.96).

Please make your check payable to the State of Florida in the amount of one
hundred forty-nine dollars and ninety-six cents ($149.96). Once I receive your
check, I will direct the Human Resources department to locate and, if any exist,
retrieve and print the requested documents. Thereafter, those documents will be sent
to our legal department for further review and redaction. Please be advised that
record retrieval time is estimated to be five (5) business days from the date of receipt
of payment.

This correspondence shall serve as verification of a cursory review for the


requested public records and estimated bill for services. Please advise if I can assist
you further.

Sincerely,

Roy L. Wolgamuth, Esquire


General Counsel
Fifth Judicial Circuit
President Barack Obama September 27, 2016
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Dear President Obama,


8
Mr. President, an African-American schoolgirl in Ocala, Florida may need assistance attending
public school, which is a federally protected activity under 18 U.S.C. § 245(b)(2)(A).

Enclosed is a copy of my letter to Loretta E. Lynch, U.S. Attorney General. Something disrupted
next day delivery of my letter to Attorney General Lynch, shipped on September 22, 2016, UPS
tracking #1Z64589FNW92981779. FBI Director Comey got his letter delivered on time. But my
letter to the Attorney General was misdirected to the Lafayette Building, Veterans Affairs, 811
Vermont Ave. NW, Washington, DC 20571. As I write this, my letter to the Attorney General
still has not been delivered to the Department of Justice. I wrote Attorney General Lynch in part,

The Ocala Star-Banner reported January 29, 2016, "Racial incident at West Port: 3 students face
discipline after taunts while waiving Confederate flags." Meanwhile, the black schoolgirl being
intimidated by white supremacists with Confederate flags was wrongly cited in lieu of arrest.

U.S. Attorney Lee Bentley has jurisdiction, but there is no evidence USAFLM Bentley sought
justice for the black schoolgirl intimidated by white supremacists with Confederate flags.

Mr. President, long ago when I was a student in Levittown, Pennsylvania, the American Civil
War was taught as a history lesson. Today in Ocala, Florida, the Lost Cause of the Confederacy
is an ongoing current event. Too many folks here have not accepted the outcome of the
American Civil War, including powerful people like lawyers, judges, and perhaps Mr. Bentley.

The murder of 9 African-Americans in Charleston, South Carolina, on June 17, 2015 was a time
of change for many Americans on the Confederate flag issue. But not in Marion County. Instead,
Ocala doubled-down on its support for the flag. Unfortunately Confederate flags were used in a
racial incident at the West Port High School to commit a hate crime against an African-American
student, as defined by Fla. Stat. § 775.085 Evidencing prejudice while committing offense;
reclassification, because the offense involved the race/color of a black student by three white
students who used Confederate flags in a threat of force, to injure, intimidate or interfere with the
African-American student while she was attending public school. Thank you.

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop Telephone: (352) 854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures

VIA UPS Next Day Air, Tracking No. 1Z64589FNT91572209


Legacy of Hate
Central Florida, Fifth Judicial Circuit, home of
the all-white bench, a Jim Crow bench in 2016

The Indoctrination of Keeper Greene, July 12, 2015


Intergenerational Confederate Propaganda (1861 - 2016)

Keeper Greene, a 2-year-old from of Clermont, draped in a Rebel flag, waves a Confederate
flag with his father, Brian, at the start of the Florida Southern Pride Ride at the Southeastern
Livestock Pavilion in Ocala, Fla., on Sunday. (BRUCE ACKERMAN/Ocala Star-Banner /Landov)

Confederate flag supporters flock to the 'Florida Southern Pride Ride' in Ocala: reports
Ocala police investigating after shots fired near Confederate flag rally WFTV - Orlando, FL

By Tobias Salinger, NEW YORK DAILY NEWS, Monday, July 13, 2015, 6:04 AM
http://www.nydailynews.com/news/national/confederate-flag-supporters-flock-central-florida-rally-article-1.2290300
http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Friday Posted Jan 29, 2016 at 5:20 PM

By Joe CallahanStaff writer

Three West Port High School students who taunted classmates on Thursday by
waving Confederate flags during school will be disciplined, according to Marion
County School District officials.

West Port High School Principal Jayne Ellspermann said moments after the white
students — two boys and a girl — began taunting, an argument ensued and one
black female student threw a punch at the taunters. Within a few minutes,
teachers and the school's resource officer broke up the disturbance, which at that
point was almost entirely verbal.

“Poor decisions of a few of our students led to this,” said Ellspermann, adding
that she was pleased with the quick response from staff to keep things from
escalating.

Ellspermann, who was the nation's principal of the year in 2014, said social media
after the fact is now the biggest problem.

By late Thursday night, and all day Friday, posts on Facebook have portrayed the
incident as a race riot. School staff are looking into reports of related videos on
http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Facebook.

Ellspermann said that many more students, who are escalating the situation on
Facebook, will be disciplined by the time their investigation is completed.

Some people may argue that the students have freedom of speech when it comes
to Facebook postings, or even for waving the Confederate flags. The district says
that is not the case if those actions are causing a disruption at school.

For example: If an after-school Facebook post indicates that one person will do
harm to another student at school, the district can act and impose a suspension
because the actions could disrupt school.

Marion County Public Schools spokesman Kevin Christian said the flag-waving
students' prime objective was to disrupt school. And for that, they can be
disciplined.

“It was a planned, calculated incident,” Christian said. “They were trying to solicit
a reaction.”

One West Port High parent, Erika Boone, has a freshman attending the school.
She had heard rumors of race riots and called the Star-Banner. Once she was
contacted, she said she had since found out that the situation was handled
properly at West Port, but wished she would have known about it.

“They should have called all the parents,” said Boone, specifically talking about
the district's automated calling system.

The Ocala Police Department issued the female student who threw a punch a
citation in lieu of arrest, Christian said on Friday.

Joe Callahan can be reached at 867-4113 or at joe.callahan@starbanner.com.


Follow him on Twitter @JoeOcalaNews.
u.s. Department of Justice
Civil Rights Division

Criminal Section - PHB


ch:kyb 950 Pennsylvania Ave, NW
DJ 144-17M-0 Washington DC 20530
1067237
DEC 0 1 2017 9
Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481

Dear Mr. Gillespie:

This is in response to your letter to our office, dated August 28, 2016, alleging civil rights
violation.

The Criminal Section of the Civil Rights Division at the Department of Justice is
responsible for investigating and prosecuting criminal conduct involving deprivations of federal
civil rights. Our enforcement and activity primarily involves deprivations of civil rights under
color of law, which generally involves the use of excessive physical force by law enforcement
officers.

We have carefully reviewed the information that you furnished. However, we have
concluded that your complaint does not involve prosecutable violations of federal criminal civil
rights statutes. This is not a judgment on the truth or merit of your complaint; it is simply to
inform you that this is not the type of case that this office prosecutes. Therefore, we regret that
we are unable to assist you.

It is always of interest for this Department to receive the views of private citizens
concerning items of current public interest.

Tharlk you for bringing your interest in this matter to our attention.

Sincerely,

The Criminal Section


From: Dustin W. Metz
To:
Subject:
Neil Gillespie; John Tomasino;
RE: Public Records Request
10
Date: Monday, August 03, 2020 1:53:47 PM
Attachments: SCS Judicial Officers -Demographics Report_ January 21, 2020 (1).pdf
Tatti Ethnicity & race data.jpg

Good afternoon Mr. Gillespie,

The public record responsive to your request are attached to this message.

Sincerely,

Dustin W. Metz
Senior Attorney II
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1900
(850) 487-9383
metzd@flcourts.org

Get the Florida Courts Help app and follow us on social media.
http://www.flcourts.org/resources-and-services/education-outreach/outreach-
tools.stml

From: Neil Gillespie <neilgillespie@mfi.net>


Sent: Monday, August 3, 2020 1:08 PM
To: Neil Gillespie <neilgillespie@mfi.net>; John Tomasino <tomasino@flcourts.org>
Cc: Dustin W. Metz <metzd@flcourts.org>
Subject: Re: Public Records Request

Mr. Tomasino,

Do you have a response to my public records request?


From: Dustin W. Metz
To: Neil Gillespie; John Tomasino;
Subject: RE: Public Records Request 11
Date: Monday, August 03, 2020 1:53:47 PM
Attachments: SCS Judicial Officers -Demographics Report_ January 21, 2020 (1).pdf
Tatti Ethnicity & race data.jpg

Good afternoon Mr. Gillespie,

The public record responsive to your request are attached to this message.

Sincerely,

Dustin W. Metz
Senior Attorney II
Office of the State Courts Administrator
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1900
(850) 487-9383
metzd@flcourts.org

Get the Florida Courts Help app and follow us on social media.
http://www.flcourts.org/resources-and-services/education-outreach/outreach-
tools.stml

From: Neil Gillespie <neilgillespie@mfi.net>


Sent: Monday, August 3, 2020 1:08 PM
To: Neil Gillespie <neilgillespie@mfi.net>; John Tomasino <tomasino@flcourts.org>
Cc: Dustin W. Metz <metzd@flcourts.org>
Subject: Re: Public Records Request

Mr. Tomasino,

Do you have a response to my public records request?


State Courts System
Demographics for Judicial Officers
January 21, 2020

Male Female

Some Some
Other Other
Black Asian/ Black Asian/
White Not Race or Subtotal White Not Race or Subtotal Grand
By Gender and Race Not Pacific Hispanic Not Pacific Hispanic
Hispanic Two or Male Hispanic Two or Female TOTAL
Hispanic Islander Hispanic Islander
More More
Races Races
Supreme Court 3 2 5 0 5
First District Court of Appeal 9 1 10 5 5 15
Second District Court of Appeal 12 1 13 3 3 16
Third District Court of Appeal 4 1 1 6 3 1 4 10
Fourth District Court of Appeal 8 1 9 2 1 3 12
Fifth District Court of Appeal 9 9 1 1 2 11
1st Circuit 22 1 23 11 1 12 35
2nd Circuit 16 3 19 3 4 7 26
3rd Circuit 11 11 2 1 3 14
4th Circuit 33 3 1 37 14 2 2 18 55
5th Circuit 30 1 31 12 12 43
6th Circuit 33 2 1 1 37 27 4 1 32 69
7th Circuit 23 1 24 18 1 19 43
8th Circuit 12 1 1 14 6 1 2 9 23
9th Circuit 28 1 1 2 32 25 4 2 2 33 65
10th Circuit 25 2 27 12 1 13 40
11th Circuit 26 4 19 49 29 4 38 71 120
12th Circuit 15 1 16 14 1 1 16 32
13th Circuit 25 3 6 34 17 4 7 28 62
14th Circuit 17 1 18 1 1 2 20
15th Circuit 23 2 2 27 21 4 1 26 53
16th Circuit 3 1 4 4 4 8
17th Circuit 34 5 8 47 30 6 5 1 42 89
18th Circuit 20 20 18 1 3 1 23 43
19th Circuit 19 1 20 9 9 29
20th Circuit 29 2 1 32 17 1 18 50
574 414 988
58.1% 42%

Some
Other
Black Asian/
White Not Race or Grand
By Race Not Pacific Hispanic
Hispanic Two or TOTAL
Hispanic Islander
More
Races
Supreme Court 3 0 0 2 0 5
First District Court of Appeal 14 1 0 0 0 15
Second District Court of Appeal 15 0 0 0 1 16
Third District Court of Appeal 7 1 0 2 0 10
Fourth District Court of Appeal 10 1 0 0 1 12
Fifth District Court of Appeal 10 0 0 1 0 11
1st Circuit 33 1 0 1 0 35
2nd Circuit 19 7 0 0 0 26
3rd Circuit 13 0 0 1 0 14
4th Circuit 47 5 0 3 0 55
5th Circuit 42 0 0 1 0 43
6th Circuit 60 6 1 2 0 69
7th Circuit 41 1 0 1 0 43
8th Circuit 18 2 0 3 0 23
9th Circuit 53 5 3 4 0 65
10th Circuit 37 1 0 2 0 40
11th Circuit 55 8 0 57 0 120
12th Circuit 29 2 0 1 0 32
13th Circuit 42 7 0 13 0 62
14th Circuit 18 1 0 1 0 20
15th Circuit 44 6 0 3 0 53
16th Circuit 7 0 0 1 0 8
17th Circuit 64 11 0 13 1 89
18th Circuit 38 1 0 3 1 43
19th Circuit 28 0 0 1 0 29
20th Circuit 46 2 0 2 0 50
Totals 793 69 4 118 4 988
80.8% 7.0% 0.4% 12.0% 0.4%

Note: 8 total vacancies; 2 in SC / 4 in


Circuit Court / 2 in County Court

Produced by Human Resources - Office of the State Courts Administrator/sb 1/22/2020


9/2/2020 Diversity on the bench? - News - Ocala.com - Ocala, FL

Diversity on the bench?


By April Warren / Staff writer
12
Posted Sep 22, 2013 at 6:00 AM

This region’s judiciary looked a lot different when


Sandra Edwards-Stephens became a part of it.

This region’s judiciary looked a lot different when Sandra Edwards-


Stephens became a part of it.
In 1990, when she was elected as a Marion County judge, and in 2000,
when she was appointed as a circuit judge in the 5th Judicial Circuit, she
was the only black person holding either position and one of the few
women.
Now, as she readies for retirement — Oct. 31 will be her last day on the
bench — only one part of that picture has changed.
Edwards-Stephens will leave behind 30 circuit judges in the 5th, which
covers Marion, Citrus, Lake, Sumter and Hernando counties.
Some of those circuit judges are women. But there are no other minority
judges.
The story is the same for the 11 county judges in the circuit’s five
counties: Some women, but no minorities.
This has not escaped Edwards-Stephens’ notice.
“I was very aware of that fact, but I knew it was time for me to go ahead
and go over into another area of my life,” she said.
Her position inside the Marion County Judicial Center will be filled by
Circuit Judge Anthony Tatti, a former prosecutor and Ocala resident
who is transferring in from Hernando County. The person appointed to
replace Edwards-Stephens will likely take Tatti’s place in Hernando.
Making the appointment will be Gov. Rick Scott. Helping him will be

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9/2/2020 Diversity on the bench? - News - Ocala.com - Ocala, FL

the 5th Judicial Circuit Judicial Nominating Commission, composed of


laymen and attorneys.
The commission is scheduled to interview 22 applicants this upcoming
week and get Scott its list of three to six nominees by Oct. 1.
But even if Scott appoints a minority to the bench — at least two of the
22 applicants are minorities, one African-American and one Hispanic —
the racial diversity picture would be the same as it was in 1990.
Minority representation is evident in other parts of government within
the circuit. In Marion County alone there are two black School Board
members and a black Ocala City Council member. The former Ocala
police chief is African-American.
But achieving racial diversity is tougher at the judicial level. To become a
circuit judge — whether by election or appointment — a candidate must
be an attorney in good standing who lives within the five counties.
As of Sept. 1 there were 1,201 lawyers in the circuit, according to the
Florida Bar. Of the 72 percent who listed their race, 93 percent are
white, 2.5 percent African-American, 3 percent Hispanic and 1 percent
other, which includes Asian, American Indian and Pacific Islander.
“I certainly think diversity on the bench is a good thing, and I think as
time goes by you will see that” improve, said the circuit’s chief judge,
Don Briggs, who sits in Lake County.
Overall, the black population in the five counties varies: Marion has 13
percent, Lake, 10.5 percent; Hernando, 5.5 percent; Sumter, 9 percent;
and Citrus, 3 percent, according to census data.
Some members of the black community who were interviewed for this
story hope the final list the governor receives includes qualified minority
candidates. But Derek Schroth, chair of the nominating commission,
pointed out that race is not included on the lengthy qualification list.
“The guidelines do not have any preferential treatment,” he said. “It’s
race-neutral.“
To be qualified, applicants must be members in good standing of the
Florida Bar for five years, registered voters, and residents of the circuit.
In addition, the nomination committee will consider the candidate’s
standing in the community, commitment to equal justice, knowledge of

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9/2/2020 Diversity on the bench? - News - Ocala.com - Ocala, FL

the law, professional reputation, and knowledge of and experience in the


court.
“We look at that criteria and hopefully a minority candidate meets that
criteria, and if so (that name or names) would certainly be sent up for
consideration by the governor,” said Schroth.
He said the only way to ensure minority candidates are represented on
the final nomination list would be to enact a type of affirmative action
process. But courts have ruled against such moves.
One of the minority applicants is LeAnn Barnes, an assistant public
defender and division chief for the misdemeanor and juvenile divisions.
Barnes, who is black, ran for a Marion County judge position in 2012
but lost to Tommy Thompson.
“I had no regrets about what I did,” said Barnes, calling it an experience
like no other. She took almost 41 percent of the vote.
Barnes said she looks forward to her interview with the nominating
commission and hopes a qualified minority candidate replaces Edwards-
Stephens.
“My experience is she’s stern and she knows the law and I was inspired
from her,” Barnes said. “There’s always a need for diversity. We can learn
from everybody. I think everybody’s different.“
Barnes said she does think race plays a factor and said she has to prove
herself more because she is a minority.
She hopes the most qualified candidate also reflects the community’s
diversity, and said even if she doesn’t prevail this time, she won’t stop
trying.
Scott came under criticism in January from black lawmakers for not
appointing as many minority candidates to the bench as his predecessors
did.
In eight years, Gov. Jeb Bush appointed a total of 416 judges, including
52 Hispanics, one Asian/other and 41 African-Americans.
In four years, Gov. Charlie Crist appointed 180 judges, including 16
Hispanics, two Asian/other and 15 African-Americans.
During his two years in office, Scott so far has appointed 121 judges,
including 13 Hispanics, two Asian/other and six African-Americans.

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9/2/2020 Diversity on the bench? - News - Ocala.com - Ocala, FL

“There’s a sentiment in the black community that we need not apply


because we don’t think like you,” state Rep. Darryl Rouson, D-St.
Petersburg, said during a January roundtable meeting with Scott, who is
a Republican.
Rouson was responding to a comment from Scott that he would only
appoint judges with a conservative thought process, according to
Rouson’s legislative assistant, Barclay Harless.
“Governor Scott appoints the most qualified candidate who will follow
the rule of law from nominees provided by the Judicial Nominating
Commission,” said John Tupps, spokesman for Scott.
Briggs also noted that no governor alone is responsible for the makeup
of the judiciary. Some judges are elected outright, and even appointed
judges must stand for re-election every six years.
The person Scott picks to replace Edwards-Stephens will come up for
re-election in 2014, which is when Edwards-Stephens was due to be
back on the ballot.
When Marion County NAACP President Loretta Jenkins was asked if
she had lobbied the nominating commission to consider minority
applicants, she admitted to being unaware the interviews would be held
this upcoming week. However, she said her organization would become
active in pushing for a minority candidate.
She noted the low number of black lawyers in this area and said the
NAACP is trying to educate the younger generation about all the
possible job opportunities open to them.
“They have to be motivated within themselves to want to be a servant,”
she said.
The issue of minority representation in the judiciary is discussed beyond
the 5th Judicial Circuit.
“I think the judiciary nationwide, whether you are taking about at the
state or at the federal level, doesn’t reflect the diversity of the general
population,” said Judith Scully, a Stetson University law professor.
She said 24 state supreme courts are all white, and two top courts are all
male.
“That shows me there’s a problem nationwide,” she said.

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9/2/2020 Diversity on the bench? - News - Ocala.com - Ocala, FL

Race, age, economic status, gender, sexual orientation and professional


background are all areas that could be taken into consideration for
potential candidates, Scully said.
“This issue of diversity is more important, not just in terms of a head
count, but in building trust in the community, as well,” she said.
Several weeks ago, attorneys defending Michael Woods, 30, in one of his
first-degree murder cases argued that prosecutors in the 5th Judicial
Circuit disproportionately sought capital punishment against minority
defendants.
Prosecutors disagreed. But to support its theory that Woods faced a
discriminatory system, the defense presented testimony from author
Marvin Dunn, whose books include “The Beast in Florida: A History of
Anti-Black Violence.”
“The impact of race can be seen in both schools and court,” Dunn
testified, explaining there should be more minorities serving on the
bench.
Dunn said racism was still alive in Florida and said education is key to
eradicating these feelings.
One of Woods’ defense attorneys, Terence Lenamon, said there is likely
a qualified female black candidate who could do the job and that he
believes it would be fitting for such a candidate to be appointed to
replace Edwards-Stephens.
“I think, it certainly concerns me, if you see a historical pattern that the
jurisdiction is not being diverse in its placement of judges,” Lenamon
said.
When she was asked if diversity should be an important quality for
selection of a judge, Edwards-Stephens referred to the inclusive nature
of American society.
“Why should it (diversity) not be?” she asked.
Contact April Warren at 867-4065 or april.warren@ocala.com.

https://www.ocala.com/news/20130922/diversity-on-the-bench 5/5

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