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, 13th Circuit Judicial Nominating Commission, and Chris A. Barker, Commissioner and Vice Chair, 13th 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 13th 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 13th

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 13th 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 115th 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 ofyour 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 ofa 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 13th 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-year­old 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 13th 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 13th 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 Gillese.!!~ _

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

EXHIBITTo: 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

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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 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 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

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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/12.9­09JNCPRESSRELEASEFORJUDGEPALOMINOSVACANCY.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 115th 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, 13th Circuit Judicial Nominating Commission, and Chris A. Barker, Commissioner and Vice Chair, 13th 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 ofhis 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 13th Judicial Circuit.

This addendum 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 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.

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QUESTIONNAIRE FOR GUBERNATORIAL APPOINTMENTS

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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 ofelection or appointment, term ofoffice, and level ofgovernment (city, cO~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).

~mtiQ~

; J

20. Has probable cause ever been found that you w~e in violation ofPart lIlt Chapter 112, F.S.• the Code of Ethics for Public Officers and Employees? Yes 0 No:K If~·Yes)\ give derails:

I' ~ ~~J:.~BJ;;_Q[:'_~I).Q_~ 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 ~ If'~esu, list:

A. Title ofOffice: _

B. Tenn of Appointment: _-------------------- _

C. Confinnation results: _

23. Have you ever been refused a fidelity I 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 IfltYesu

• 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: UC§NSElCEBTf'CAIE ~

nnE • NYMllfB ~ ISSUING .wrHQRny gllClPUNARY ACTIOHtD6IE

Pair -tli85!2.b'& ~ Iftt'-----__f~lzna-:~.\..i'le&\f ( 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 B£LATIONM1!P TO BUSINESS aysltfESS" B£LADONSHtP TQ Nif.Hf;i

----_._-_._.._....._....._._-_...__._,----------------------------- ­

5 Rtvised 612000

B. Have members ofyour 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'R£LAIlONSttP

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", R£P8ESE1flED

27. List three persons who have known you well within the past five (5) years. Include a current, complete addre.~s 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 ofany 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 stalemenl~? 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. ~(2j(£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

thjs..~~._.T . day of .:r~._~1_~~._. __.t 20.1].

NOTARY PUBUC·STATE OF FLORIDA

¥ Lynne Anne SpinaCommission #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: _1_-z...---"'1---/~4~-+/~t:J~/__

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 32399­0250, 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 ofMr. 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 ofattachments. 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 ofemails from Shauna Burks supportive ofMr. Rodems. The second file contained 2 pages ofemails from Jonathan Alpert. The documents totaled 75 pages.

Mr. Bajo initially set a cost ofcopies 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 ofcourt 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 of the General Counsel March 3, 2010

In addition, Ms. Jessica Kassees of the Office of Open Government stated in her email of December 29, 2009 that "The legal cost ofduplication 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 if the 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 ofAkerman Senterfitt, less so for the general public, which I believe prefers more casual venues.

Near the end of the meeting I agreed to withdrawal the part ofmy 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 ofopinion about the correct amount. However a uniform cost of JNC records should be established to maintain the integrity of the 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 of the 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 ofhis 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 of the 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 ifMr. 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 ofhis 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 of the 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 of the 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, 13th 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 ofADA 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 ofhis 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

ofFact 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 of the adversarial process. Revealing any part of this report may result in a

violation ofHIPAA and ADAAA Federal Law.

4. A copy ofMr. Gillespie's completed and signed ADA Request for

Accommodations Form for the 13th 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 19th 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 o Juvenile

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 accommodations~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 AMSubject: 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. 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

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 of the 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 African­American candidates who applied were not nominated.

In my view your appointment of the 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 24th, 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 15th 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) ofemployment."

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 ofOrganization (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 ofFinancial 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 NameFlorida Limited Liability CompanyBRC PROPERTIES, LLC

Filing InformationDocument Number L05000056009FEI/EIN Number NONEDate Filed 06/07/2005State FLStatus INACTIVELast Event ADMIN DISSOLUTION FOR ANNUAL REPORTEvent Date Filed 09/15/2006Event Effective Date NONE

Principal Address300 WEST PLATT STREET, SUITE 150 TAMPA FL 33606

Mailing Address300 WEST PLATT STREET, SUITE 150 TAMPA FL 33606

Registered Agent Name & AddressSPIEGEL & UTRERA, P.A. 1840 SW 22ND ST. 4TH FLOOR MIAMI FL 33145 US

Manager/Member DetailName & 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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May 17,2010

Mr. Erik M. Figlio, General Counsel Executive Office of the 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 13th 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 115th 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 #201003040004June 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 Commission1

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, 13th Circuit Judicial Nominating Commission, and Chris A. Barker, Commissioner and Vice Chair, 13th 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.

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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 13th 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 13th 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.

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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 13th 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

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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.

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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

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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, Vic~ 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."

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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

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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 Testimony8

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.

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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 13th 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, 20099 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.

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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~minate 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.

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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.

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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 ~ad 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.

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June 2010 Office of the Chief Inspector General Case #201003040004

Subject Testimony13

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.

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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

13th 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)

813-443·2193 (fax)

813-785-6653 (ce II) pedro.bajo@bajocuva.com

Exhibit 1

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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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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 IIBlngll 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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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 intend~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

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Confidentiality Notice: The lnfonnaUon contained 10 this e·maU me$sage Is Intended for the personal and confidential use of the reclplent(s) designated above. This message may contain information that is protected by the attorney/client privilege, andJor some other legal privilege, and any 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. 115th 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 of the 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 ofMr. 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 ~ol1rrnor 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 115th 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, Nominating,Co.rDmis~iqns (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 r~maining 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) 488-9810Email and First Class Mail

July 28, 2010

Mr. Erik M. Figlio, General CounselExecutive Office of the GovernorThe Capitol, Suite 209Tallahassee, 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 notneed 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 andreached agreement on matters in my complaint concerning him, we discussed who woulddecide my remaining complaint against Mr. Baker. My understanding was Mr. Bajo didnot feel comfortable deciding the balance of the complaint and wanted the Governor orhis designee to decide.

My complaint and addendum of January 2010 alleged misconduct by the chair and vicechair. Under that circumstance the Uniform Rules mandate that the complaint be reportedin writing to the Governor for action. R. Proc. Cir. JNC § IX at line 166. The Governorshall investigate the complaint if the allegations are in writing, signed, and legallysufficient. Id. at line 171. That is how your office became involved.

Since making my complaint in January new misconduct has come to light, and somemembers of the JNC have reached the end of their terms.

I believe Mr. Bajo’s 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 notbecome 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 mysuccessor. Whether Mr. Barker recuses himself in the future is something that will bedetermined at the appropriate time when considering potential vacancies and applicants.”

The Chief Inspector General (CIG) reported that the terms of Mr. Bajo, Mr. Hanes andMs. Wilcox end July 1, 2010. (page 7). So the current situation is unclear. If Mr. Bajo isChair, he previously told me he does not want to decide the complaint. If Mr. Barker isChair, it would be a conflict for him to rule on the complaint.

New misconduct involving the 13th Circuit JNC:

Mr. Erik M. Figlio, General CounselExecutive Office of the Governor July 28, 2010

Page - 2

1. On February 24, 2010 Mr. Bajo provided me a letter Mr. Rodems wrote the JNCdated December 28, 20091 about my lawsuit with Barker, Rodems & Cook, PA. Theletter was from Barker, Rodems & Cook, PA, a professional association corporation ofwhich Mr. Barker is a named partner and president. Since Mr. Baker is a JNC membertoo, 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 JNCsince 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. Gaylord’s March 15, 2010 email to Rob Wheeler states in part “After hoursof personal work and after hearing from other members of the committee who have donesimilar 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. Gaylordabout his email, he was unable to substantiate his comments or even remember muchabout 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 apublic records request to Mr. Gaylord April 10, 2010 about his March 15, 2010 email toRob Wheeler. Mr. Gaylord responded April 13, 2010 in part “…I reported the results ofmy investigation orally to the other JNC members. I did not keep any notes or filesrelated to my investigation. The 13th Circuit JNC does not keep any notes of anyinvestigation. I have nothing to refer to in order to refresh my memory. I recall that therewere judges I talked to but I can't recall which ones…As I said, my report was oral and Ikept 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 deliberationsof the judicial nominating commissions, the proceedings of the commissions and theirrecords are open to the public.” Article V, Section 11(d). On April 23, 2010 Gaylordwrote in part “You are correct that all JNC records are open to the public but I can't giveyou records that I don't have. If I had notes of interviews and investigations I wouldgladly give them to you but they don't exist.”

It appears from Mr. Gaylord’s responses that he had notes of his interviews,investigations and conclusions but either withheld or destroyed them to avoid publicdisclosure. 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, investigationsand conclusions are required by the Uniform Rules § I and § IV. The records are open tothe public, and the records shall be forwarded to the Governor pursuant to § VI. Itappears 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 wouldindicate 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 CounselExecutive 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 waseventually held liable for attorney’s fees exceeding $1 million. Who would pay theattorney’s 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 fromthe JNC contacted my former attorney Robert W. Bauer, which resulted in Bauer’s letterto the Governor dated January 4, 2010, and my reply. That’s fine. What happened next isa 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 StatutesRegarding Plaintiff’s Amended Motion to Disqualify Counsel.

Mr. Rodems’ pleading made reference to an argument I had with Mr. Bauer. How didRodems 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 toldMr. 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 dueto conflict with Mr. Rodems’ application for the vacancy of Judge Black. The CIG’sreport did not consider that three better qualified applicants were likely passed over tonominate 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 afavorable 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 receivegratuitous support is due to the prestige of his law partner, JNC Commissioner and ViceChair Chris A. Barker. Influence is not always overt or intentional. In police forensics forexample, there is a growing movement in law enforcement to use a double blindprocedure in which the officer who shows police lineup photos to the witness does notknow which photo is of the suspect, in effort to remove a source of bias.”

The CIG’s report showed conflicting testimony: “Although testimony is conflicting as towhether Mr. Barker's recusal was from all duties and responsibilities of the Commissionon those occasions when Mr. Rodems applied for a Judicial Vacancy, all Commissionerstestified 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 recallany other current Commission member who has had to recuse themselves because of aconflict with a law partner, and Mr. Barker's recusal just means that there is a little morework for the other Commissioners but that it is not a hardship.” (page 9, ¶5, to page 10)

Mr. Erik M. Figlio, General CounselExecutive Office of the Governor July 28, 2010

Page - 4

The CIG’s report stated Ms. Wilcox said Mr. Barker’s recusals brought discredit on theJNC. "When asked if she believed that Mr. Barker's recusal due to his potential conflictof 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 CIG’s report stated “Mr. Rodems said that he and Mr. Barker had an unwrittenagreement 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 putsthem "in an awkward position" regarding their behavior, making Mr. Rodems’ assertionmeaningless. Mr. Barker has not been able to fully attend his duties on the JNC for over ayear and a half. If that is not an awkward position, what is?

Given the above, I believe Mr. Barker’s continued presence on the 13th Circuit JNC is aviolation of the public trust, reflects discredit upon the judicial selection process, andsuggests partiality in the consideration of applicants.

5. On May 5, 2010 I submitted Plaintiff’s First Amended Complaint in my lawsuitwith Messrs. Barker and Rodems. The amended complaint adds Messrs. Barker andRodems as defendants. Partners engaged in the practice of law are each responsible forthe fraud or negligence of another partner when the later acts within the scope of theordinary 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 DutyCount 2, Breach of Implied in Law Contract, AMSCOTCount 3, Breach of Implied in Fact Contract, AMSCOTCount 4, Fraud, AMSCOT Release And SettlementCount 5, Fraud, Closing StatementCount 6, NegligenceCount 7, Negligent MisrepresentationCount 8, Unjust EnrichmentCount 9, Civil ConspiracyCount 10, Invasion of PrivacyCount 11, Abuse of ProcessCount 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 judgeand provided him a PDF of Plaintiff’s First Amended Complaint. These claims againstMr. 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 showsthat Mr. Rodems is unlawfully representing his firm and partners against a former clientin the same or substantially related matter. On July 9, 2010 I hand delivered Mr. Bajo acopy of the emergency motion to disqualify Rodems.

Mr. Erik M. Figlio, General CounselExecutive Office of the Governor July 28, 2010

Page - 5

Taken together with the amended complaint, Messrs. Barker and Rodems have violatedmany rules of professional conduct. This is not an isolated incident. Mr. Rodems’application for judge shows other clients made bar complaints against him for similarmisconduct. Former clients Rita M. Pesci and Roslyn Vazquez alleged Mr. Rodemsovercharged them in a contingency case. Former clients Eugene Clement and Gay AnnBlomefield were defrauded along with me.

There are likely more clients of Barker, Rodems & Cook, PA who have been cheated, butMr. Rodems has refused to provide most of the lawful discovery in our lawsuit.

Given the forgoing, I believe Mr. Barker’s presence brings discredit to the JNC. Anynomination of Mr. Rodems is an abomination, and further discredits the JNC.

7. On July 20, 2010 I submitted Plaintiff’s Notice of Filing, my affidavit showingthat Mr. Rodems mislead the court during hearings on October 30, 2007 and July 1, 2008for 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 asigned written fee agreement between me and Barker, Rodems & Cook, P.A. when in factthere 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 hasnot produced one. The lack of a signed written fee agreement between the parties is alsoa violation of Bar Rule 4-1.5(f)(2). Because Mr. Rodems mislead the court, Plaintiff’sMotion 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 andsubmitted 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 whoknows that another lawyer has committed a violation of the Rules of ProfessionalConduct that raises a substantial question as to that lawyer's honesty, trustworthiness, orfitness 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 CircuitJNC may have an obligation under Florida Bar Rule 4-8.3 to report this misconduct” andthat the misconduct, and conflicts created by the misconduct, are a violation of the publictrust, reflects discredit upon the judicial selection process, and suggests partiality in theconsideration of applicants. I provided you a copy of the letter and am currently awaitinga 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 section768.28(6)(a), Florida Statutes. I provided you a copy of the notice. My claim is for themisuse and denial of judicial process and related civil rights violations. Within hours ofserving the notice Mr. Rodems moved the court for an order directing the Clerk of Courtto 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 115th 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 now Chair 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 of this 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 ~ol1ernor THE CAPITOL

TALLAHASSEE, FLORIDA 32399-0001

www.flgov.comCHARLIE CRIST

850-488-7146GOVERNOR 850-487-0801 fax

October 25, 2010

Mr. Neil J. Gillespie 8092 Southwest 115th 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 13th Circuit JNC Mr. Chris A. Barker