Court Filings

Petitioner's Motion for Extension of Time for Filing of Initial Brief

Description
Petitioner’s Motion to Renew Motion to Extend Time and in Addition and in the Alternative a Motion to Appoint Counsel Without a Conflict of Interest 1. The Petitioner, Neil J. Gillespie, an indigent, disabled nonlawyer reluctantly appearing pro se, henceforth in the first person, moves to renew his motion filed September 11, 2014 to extend time under Fla. R. App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states: 6. The American Bar Association (ABA) reports Florida is authorized to appoint counsel in civil proceedings in any situation to protect a litigant’s due process rights. The ABA Directory of Law Governing Appointment of Counsel in State Civil Proceedings Florida, page 19: Fla. Stat. § 29.007 (2011) (“Court-appointed counsel”) provides: For purposes of implementing s. 14, Art. V of the State Constitution [relating to funding of the judiciary], the elements of court-appointed counsel to be provided from state revenues appropriated by general law are as follows: (1) Private attorneys appointed by the court to handle cases where the defendant is indigent and cannot be represented by the public defender or the office of criminal conflict and civil regional counsel. (2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal and state statutes. This section applies in any situation in which the court appoints counsel to protect a litigant’s due process rights. Also see Fla. Stat. § 29.007 (2011) and (2014), Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed; when the court determines that the litigant is indigent for costs; or when the litigant is acting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in which the court appoints counsel to protect a litigant’s due process rights. The Justice Administrative Commission shall approve uniform contract forms for use in processing payments for due process services under this section. In each case in which a private attorney represents a person determined by the court to be indigent for costs, the attorney shall execute the commission’s contract for private attorneys representing persons determined to be indigent for costs.
Categories
Published
of 30
109
Categories
Published
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Similar Documents
Share
Transcript
  IN THE SUPREME COURT OF FLORIDASTATE OF FLORIDA NEIL J. GILLESPIE,Petitioner pro se (nonlawyer),CASE NO.: SC14-1637VS.THE FLORIDA BAR,Respondent. _________________________________ /Petitioner’s Motion to Renew Motion to Extend Time and in Addition and in the Alternative a Motion to Appoint Counsel Without a Conflict of Interest1.The Petitioner, Neil J. Gillespie, an indigent, disabled nonlawyer reluctantly appearing pro se, henceforth in the first person, moves to renew his motion filed September 11, 2014 toextend time under Fla. R. App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states:2.This Court’s ORDER entered September 18, 2014 (Exhibit A) held,Petitioner's motion for extension of time is granted and petitioner is allowed to and including October 14, 2014, in which to serve the proper petition for writ of mandamusand the motion for leave to proceed in forma pauperis. Failure to submit the abovereferenced documents to this Court could result in the imposition of sanctions, includingdismissal of the petition.Please understand that once this case is dismissed, it is not subject to reinstatement.3.Unfortunately my plan to obtain counsel is taking longer than anticipated. Under Fla. R.App. P. 9.300(a), Motions, and Fla. R. Jud. Admin. 2.514, Computing and Extending Time, Irespectfully request the Supreme Court extend time for 30 days to and including November 13,2014 (Exhibit B) to file a proper petition for writ of mandamus, and proper motion to proceed in forma pauperis , so that I may obtain counsel of my choice. In addition to and in the alternative, Imove for appointment of counsel without a conflict of interest.4. I have been determined indigent in the following cases: Filing # 19385811 Electronically Filed 10/14/2014 11:59:44 PM  21. US Supreme Court, February 7, 2014, Petition for rehearing Petition No. 13-72802. US Supreme Court, October 23, 2013, Petition No. 13-7280 for writ of certiorari3. US Supreme Court, March 18, 2013, Petition for rehearing Petition No. 12-77474. US Supreme Court, December 10, 2012, Petition No. 12-7747 for writ of certiorari5. Florida Supreme Court, August 22, 2011, Case No. SC11-16226. Florida Supreme Court, May 4, 2011, Case No. SC11-8587. Florida Second District Court of Appeal, November 22, 2010, Case No. 2D10-51978. Florida Second District Court of Appeal, November 19, 2010, Case No. 2D10-55299. Florida Second District Court of Appeal, May 2, 2011, Case No. 2D11-212710. Hillsborough Co. Circuit Court, May 27, 2011, Case No. 05-CA-7205 (F.S. § 27.52)5.I was determined totally disabled by Social Security on January 17, 1992. (Exhibit C)6.The American Bar Association (ABA) reports Florida is authorized to appoint counsel incivil proceedings in any situation to protect a litigant’s due process rights. The ABA Directory of Law Governing Appointment of Counsel in State Civil Proceedings Florida, page 19:Fla. Stat. § 29.007 (2011) (“Court-appointed counsel”) provides:For purposes of implementing s. 14, Art. V of the State Constitution [relating to fundingof the judiciary], the elements of court-appointed counsel to be provided from staterevenues appropriated by general law are as follows:(1) Private attorneys appointed by the court to handle cases where the defendant isindigent and cannot be represented by the public defender or the office of criminalconflict and civil regional counsel.(2) When the office of criminal conflict and civil regional counsel has a conflict of interest, private attorneys appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with stateand federal constitutional guarantees and federal and state statutes.This section applies in any situation in which the court appoints counsel to protect alitigant’s due process rights.Also see Fla. Stat. § 29.007 (2011) and (2014),Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed;when the court determines that the litigant is indigent for costs; or when the litigant isacting pro se and the court determines that the litigant is indigent for costs at the trial or appellate level. This section applies in any situation in which the court appoints counselto protect a litigant’s due process rights. The Justice Administrative Commission shallapprove uniform contract forms for use in processing payments for due process servicesunder this section. In each case in which a private attorney represents a persondetermined by the court to be indigent for costs, the attorney shall execute thecommission’s contract for private attorneys representing persons determined to beindigent for costs.  37.The ABA Civil Right to Counsel website, link below, provides six exhibits to thismotion, the Law Governing Appointment of Counsel in State Civil Proceedings.http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.htmla. The ABA Civil Right to Counsel website page. b. ABA Directory of Law Governing Appointment of Counsel in State CivilProceedings Floridahttp://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_fl.authcheckdam.pdf c. Introduction to the ABA Directoryhttp://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_prefatory_info.authcheckdam.pdf d. Acknowledgments to the ABA Directoryhttp://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_acknowledgments.authcheckdam.pdf e. Forward to the ABA Directoryhttp://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_foreword.authcheckdam.pdf f. Appendix: International Law Relating to Appointment of Counsel in CivilProceedingshttp://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_appendix.authcheckdam.pdf 8.On October 7, 2014 Hillsborough Circuit Judge James D. Arnold entered “Order Directing Clerk of Court to Maintain Court Records” (Exhibit D) denying my Application For Order (Exhibit E) submitted September 19, 2014 in Gillespie v. Barker, Rodems & Cook, P.A. etal, case no. 05-CA-7205.  49.On June 1, 2011 Hillsborough Circuit Judge James D. Arnold entered “Order RelievingThe Office Of The Public Defender Of The Thirteenth Judicial Circuit From Representation of Plaintiff Neil Gillespie”, (Exhibit F), stating,THIS CAUSE having come to be heard on the Motion of the Office of the PublicDefender for Clarification and the Court being fully advised in the premises does herebyrelieve the Office of the Public Defender of the Thirteenth Judicial Circuit fromrepresentation of the plaintiff in this cause as there is no lawful basis for the appointmentof the Office of the Public Defender to represent the plaintiff in the cause currently beforethe Court.10.On June 1, 2011 Hillsborough Circuit Judge James D. Arnold issued a “Writ of BodilyAttachment” (Exhibit G) commanding each sheriff of the state to,“...take NEIL J. GILLESPIE into custody and bring him before the Honorable James D.Arnold, at Courtroom 501, 800 East Twiggs Street, Tampa, Florida 33602, immediately,and within 72 hours after he is taken into custody, for a hearing to determine whether heshall be held in custody until the deposition ordered by the Court is completed....”11.On information and belief, Judge Arnold was authorized under Fla. Stat. § 29.007 (2011)to appoint counsel in civil case no. 05-CA-7205 to represent me to protect my due process rightsas described in paragraph 6, but Judge Arnold failed to do so, thereby denying me due process.12.In compliance with Rule 9.300(d)(10), I separately request the Supreme Court toll time.WHEREFORE, I respectfully move the Court to renew my motion to extend time for 30days to and including November 13, 2014 to file a proper petition for writ of mandamus, and  proper motion to proceed in forma pauperis , so that I may obtain counsel of my choice. Inaddition and in the alternative I move for appoint of counsel without a conflict of interest.RESPECTFULLY SUBMITTED October 14, 2014. Neil J. Gillespie, petitioner pro se8092 SW 115 th  LoopOcala, Florida 34481Telephone: (352) 854-7807
Search
Similar documents
View more...
Tags
Related Search
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x