Ignoring Unconstitutional Provision(s) &
The Hiding Of Judicial Misconduct From Public Inspection

November 8, 2017
"Judges are the weakest link in our system of justice, and they are also the most protected."
Alan M. Dershowitz

Caveat Emptor
Let The Buyer (Reader) Beware

First of all - this article is a very long read - but a very important read - especially if you care about the veracity of Florida's judiciary and safeguarding your constitutional rights.

Next - it is important to establish that no one here at VolusiaExposed.Com has a law degree. Therefore no legal advice is being offered, nor should any be taken from this article.

This article merely details our understanding on two particular topics - how the Florida Constitution Revision Commission - and the Florida Judicial Qualifications Commission function - or, in our opinion - how both commissions fail to PROPERLY function.

The Palm Beach Post

Click Here To Review Entire News Article
We are merely sharing with you our (VolusiaExposed.Com's) observations and opinions. We invite you to review our article and supportive documentation - so that you may form your own independent opinion(s) on the subject matter.

In the end - this article will address two questions. Will the Florida Constitution Revision Commission address an obvious unconstitutional provision of the Florida State Constitution - and does the Florida Judicial Qualification Commission hide acts of judicial misconduct from the public by employing this unconstitutional provision of the state constitution?

The Fraudulent
Florida Constitution Revision Commission

Over the next six months the Florida Constutition Revision Commission (FLCRC) will be holding meetings in order to review and recommend revisions to the Florida State Constitution.

This commission - is a 37 member body appointed by the governor, the chief supreme court justice, and others - that meet once every (20) twenty years in order to review and recommend revisions to the State's Constitution. These recommendations eventually appear on the ballot for approval by the citizens of the State of Florida.

In all honesty - we (VolusiaExposed.Com) hold the opinion that the FLCRC is one of the biggest frauds ever leveraged by the government against the citizenry of the State of Florida. The JQC's manipulation of the confidentiality provision of the state constitution - in order to hide judicial misconduct from the citizens of Florida comes in as a close second. If you combine both fraudulent enterprises (FLCRC & JQC) - in our opinion you have the foundation for all acts of government corruption within the State of Florida. If you control the Courts of Florida - you control Florida.

Maybe the above - explains why in a 2012 study - Florida ranked as the most corrupt state in the nation (most criminal convictions among people in government).

The FLCRC recently completed their year long task of traveling the state asking for the public's input regarding what needs to be modified (added / substracted) within our State Constitution. However, recently Daniel Ruth of the Tampa Bay Times posted an article expressing the opinion that the FLCRC has ignored the public's input - we (VolusiaExposed.Com) sadly agree with Mr. Ruth's opinion.

The FLCRC has until mid-2018 to submit their recommendations. VolusiaExposed.Com has little doubt that this commission had already received their instructions of what recommendations will be forwarded - and long before they (FLCRC) even sought out public comments / input. In short - we charge that the FLCRC is nothing more than a "dog and pony show" - orchestrated to instill the public with a false sense of confidence that their government is still as President Lincoln voiced in his 1863 Gettysburg Address - "a government of the people, by the people, for the people".

Sadly, if President Lincoln was alive today - we (VolusiaExposed.Com) would have to advise him that his idyllic form of government HAS "perished from the earth" - or at the very least, has ceased to exist in the State of Florida.

Within this article - we shall present our readers with proof that their State government has known for decades that a section of the Florida Constitution has been in violation of the United States Constitution. Florida State officials have even admitted to the Florida Supreme Court of their knowledge of this constitutional violation. But, even with this knowledge - our state government officials refuses to correct the state constitution - in order to bring it into compliance with our nation's constitution. So much for expecting our officials to protect and defend our nation's constitution.


The Un-Constitutional
Florida Judicial Qualifications Commission

The Florida Judicial Qualifications Commission (JQC) was created within a 1968 modification to the Florida Constitution. The JQC's authority is memorialized within Article V Section 12 of the Florida Constitution. The JQC receives and investigates judicial complaints of misconduct filed on Florida's judges and justices. The JQC is a fifteen (15) member group of judges, lawyers and citizens appointed by the governor, the Florida Bar and other judges. Each year, the JQC gets approximately 700 judicial complaints, with the JQC filing formal charges on only about 1% (5-9) of the complaints received. Only this 1% of judicial complaints will eventually become open for public inspection - and ONLY after formal charges are filed.

According to the JQC - the vast majority of the complaints received are of a frivolous nature. We (the public) are forced to take the JQC at their word that the majority of the cases that they receive are of a frivolous nature - because absent the filing of "formal charges" the JQC has the OPINION that the Florida State Constitution exempts these alleged "frivolous" complaints from public inspection.

According to the Florida Constitution - Article V Section 12(a)(4) - ...."Until formal charges against a justice or judge are filed by the investigative panel with the clerk of the supreme court of Florida all proceedings by or before the commission shall be confidential; provided, however, upon a finding of probable cause and the filing by the investigative panel with said clerk of such formal charges against a justice or judge such charges and all further proceedings before the commission shall be public."

Therefore, since the alleged "frivolous" complaint will NEVER have a probable cause finding - the JQC holds the OPINION that those complaints are forever barred from public record release. In short these "frivolous" complaints hold a defacto perpetual confidentiality status, and never see the light of day.

Why Are JFK Files More Open To Public Inspection Than JQC Files?

Recently - and after fifty-four (54) years - the U.S. National Archives released more of the files attached to the President John F. Kennedy assassination.

Now think on that for a second - as a citizen you have more access to the files connected to the assassination of a U.S. president - then you have access to over six hundred (600) plus judicial complaints filed this year in Florida - merely because the JQC has ruled the complaints to be "frivolous" - therefore, not worthy of public inspection.

Kevin Costner as New Orleans District Attorney Jim Garrison - JFK (1991)
"Back and to the left"
Unlike the JFK assassination files - and absent a modification to the Florida Constitution - these alleged "frivolous" judicial complaints will NEVER see the light of day BECAUSE per the OPINION of your state government - these judicial complaints have been granted a perpetual confidentiality status.

Our primary concern regarding the Florida (JQC) was outlined in our September 18, 2017 article. We explained our belief that the Florida Judicial Qualifications Commission is effectively hiding acts of judicial misconduct by not filing formal charges AND / OR merely taking just INFORMAL actions on legitmate complaints of judicial misconduct.

Fortunately, our (VolusiaExposed.Com) voice is not the only one advocating to make the JQC process more transparent. The Palm Beach Post is correct in their 2011 article in which they question the "JQC's history of declining to seek charges against judges, and encouraging them in secret to step down instead."

The Palm Beach Post provided the examples of a "Palm Beach County circuit judge investigated in 1987 for drunken driving but discretely allowed to stay in office until his term ended, and an Indian River County circuit judge who was accused in 2001 of drinking on the job but had charges dropped after a closed-door settlement. Two years ago, a west coast appeals judge resigned three days before a JQC hearing into allegations that he helped a stripper hide financial assets."

The Florida Office of Program Policy Analysis & Government Accountability (OPPAGA) in a December 2015 report to the Florida Legislature noted a concern that the Florida Supreme Court had NOT accepted many of the JQC's disciplinary recommendations - finding them too lenient given the charged judicial misconduct. So is it appropriate for us (VolusiaExposed.Com) to question whether the JQC is also being too lenient - in the hiding of legitimate acts of judicial misconduct under the guise of a declared unconstitutional confidentiality provision?

Further, Mr. Neil Gillespie, Ocala - operates the website - NoSue.org. In apparent defiance to the alleged JQC confidentiality provision - Mr. Gillespie has posted ten (10) of the JQC complaints he has filed. Mr. Gillespie makes available for his readers - copies of the standard JQC rejection letters he received - when the JQC opted not to find probable cause. Mr. Gillespie's website is an important resource - in that it provides the public with a better understanding of how the JQC process is failing to protect citizens from judicial misconduct.

Back And To The Left

As you may have already imagined - some folks attached to VolusiaExposed.Com are known to entertain some "conspiracy theories". In preparation for this article - at least one of our staff was constantly heard repeating the line - "back and to the left" from the 1991 movie - JFK. As some of you will remember - that particular line was used in forwarding the conspiracy theory that President Kennedy was shot and killed by a frontal shot via a second unknown sniper. In short - when the kill shot impacted - it threw President Kennedy's head "back and to the left".

While most of us (VolusiaExposed.Com) don't ascribe to that particular conspiracy theory - we do ascribe to the belief that our government - in this particular instance - our Florida State government is conspiring to deny us our U.S Constitutional right to speak out and to demand accountability in how our officials processes complaints of judicial misconduct.

Our challenge (question) for our readers is this - can you believe (trust) a government that openly processes YOUR (public) judicial complaints in a manner that they (government) openly admit is in violation of the U.S Constitution (more on this shortly - read on)? If the answer is NO - then the next question to ponder is - where else is your government violating your rights? - with the final question being - what are you going to do about it?
The Little Known Secret

The Florida Supreme Court (FSC) and the Florida Judicial Qualification Commission (JQC) have a little secret between themselves - which they prefer that the public does not become aware of. They both are keenly aware that Article V Section 12 of the Florida Constitution regarding the confidentiality of judicial complaints is a violation of the first amendment to the U.S. Constitution.

To add insult to injury - they (FSC & JQC) have been aware of this unconstitutional status for nearly thirty (30) years. In 1990 - in Doe v. State of Florida Judicial Qualifications Commission 748 F. Supp. 1520 (1990) a federal judge ruled that the perpetual confidentiality of judicial complaints is a violation of the U.S. Constitution. (see link to case to the right of this page -->)

Click Here To Review Entire Legal Document
The Judge Richard H. Frank Incident

If you need further proof that the JQC and the FSC is keenly aware that their perpetual confidentiality stance is unconstitutional - then we suggest you review a 1998 legal brief filed by the JQC to the FSC in which the JQC clearly indicates their belief that the perpetual confidentiality issue would not survive a constitutional challenge (see legal brief - right of this page --->).

In 1998 the JQC opened a formal case of judicial misconduct against Judge Richard Frank. Judge Frank was also a commissioner on the JQC. Judge Frank alleged that a JQC witness had violated the confidentiality provision of the Florida Constitution prior to the JQC filing formal charges of misconduct.

Click Here To Review Entire Legal Document

In response to Judge Frank's allegations - the JQC filed the above listed legal brief - in which (see page 80 of legal brief) the JQC argues that because of the above listed federal court decision of Doe v Florida JQC - that they (the JQC) did not believe that Judge Frank's allegation of a confidentiality violation would survive a constitutional review. In short - it's our OPINION that the JQC was memorializing their knowledge that the confidentiality provision of the Florida Constitution regarding judicial complaints of misconduct was not in compliance with the U.S. Constitution.
Duty To Protect
The Constitution

Now take the time to think on what has so far been presented. In 1968 - the Florida JQC came into existence via Article V Section 12 of the Florida Constitution. The Florida Constitution states that until a JQC complaint is formally filed upon (finding of probable cause) the complaint remains confidential. The JQC further holds the OPINION that cases of judicial misconduct whereas the JQC ONLY applies informal corrective action OR finds no probable cause - that those cases' confidentiality status continues in perpetuity.

FLCRC Commissoner Henry Coxe's Response To VolusiaExposed.Com's Email

Click Here To Review PDF Copy Of Letter
Then in 1990 the federal court delivers it's DOE v FLORIDA JQC decision that negates the perpetuity of the JQC's confidentiality stance. In 1998 - the JQC files a legal brief with the Florida Supreme Court in which the JQC questions the legitimacy of the confidentiality stance - referencing the DOE v. FLORIDA JQC case in positional support.

Our question is simply this - if the JQC, the Florida Supreme Court and the FLCRC all know that Article V Section 12 of the Florida State Constitution is not in complaince with the U.S. Constiution - don't these governmental bodies have ethical, legal and moral responsibilities to correct this? If the answer is YES THEY DO - then ask youself why they are NOT interested in doing so?

Need proof that state officials have no interest in correcting the state constitution? Then read our (VolusiaExposed.Com) above email communications with FLCRC Commissioner Hank Coxe - who is assigned to the judicial subcommittee of the FLCRC. Mr. Coxe remains of the belief that the confidentiality provisions of the JQC are appropriate.

VolusiaExposed.Com reached out to ALL members of the FLCRC - Mr. Coxe was one of the few to return our communication.
JQC Perpetual Confidentiality Damages Judicial Credibility

If you have taken the time (it is a long read) to review the Doe v. State of Florida Judicial Qualifications Commission decision you will come to appreciate that State officials present several rationales in defense of their confidentiality stance regarding alleged frivolous judicial complaints. One of the main arguments in defense of confidentiality is that if the public became aware of these alleged frivolous complaints that they (public) would lose faith in their judicial system. The argument further expands that these complaints, if publicly known, could have an affect on judicial elections. Imagine the horror of it - a public voting for judges with full knownledge of all complaints filed on the judicial candidate - whether deemed legitimate or frivolous by the JQC. We ask you - what's wrong with that - don't we vote in our other politicians in a similar manner - why are judges different - and more protected?

Volusia County Judge Green's
Resignation Letter

Click Here To Review PDF Copy Of Letter
VolusiaExposed.Com presents - for your consideration - the flip side of the state's logic coin. If - as detailed in the above listed Palm Beach Post article - the JQC can make backroom deals with judges regarding acts of judicial misconduct so that these acts are never introduced into the public domain - ie. retire - and the JQC does not file formal charges - thus insuring that the judicial complaint is not made public. Doesn't all of this create an atmosphere where the public will start to question whether they are being presented with the true rationales for judges' sudden resignations or retirements?

A recent example of this possibility could be the sudden resignation / retirement of Volusia County Judge Shirley Green. Judge Green just recently (November 2016) successfully completed a highly contested bid from re-election. So can the public take her (Judge Green) at her word as given in her resignation / retirement letter that she is leaving the bench so she can devote more time to her family? Maybe - but here is what you don't know. For approximately three years now - VolusiaExposed.Com has been receiving anonymous complaints regarding Judge Green.

We (VolusiaExposed.Com) are left to wonder whether any of these anonymous persons that reached out to us - eventually forwarded these concerns to the JQC. And then whether the JQC opted to make a backroom deal with Judge Green not to open formal proceedings against her - IF she would just quitely submit her resignation. IF this is the case - then not only is alleged judicial misconduct being hidden from the public - but the truth about judicial resignations / retirements is being fraudulently presented to the public.

We (VolusiaExposed) would like to dispel these concerns by simply calling the JQC and asking them if they have received any recent (last three years) complaints against Judge Green - but there is that perpetual confidentiality mandate that forbids them to even acknowledging or disavowing the receipt of an complaint. Don't believe us (VolusiaExposed.Com) - then you call them (JQC) and ask (1-850-488-1581). The response we usually get is something of this nature - "we can not confirm or deny the existence of a complaint prior to the filing of formal charges." If you receive a different response - we surely would like to hear from you (feedback@volusiaexposed.com).

Absent any concrete evidence - VolusiaExposed.Com will take the position that Judge Green's sudden retirement is for the reason she claims in her resignation letter (see above - right) - and that she - and other judges that suddenly retire / resign are merely victims of the secret and unconstitutional nature of the JQC. We leave it to our readers to ponder whether the JQC's confidentiality provisions are keeping them from knowing more regarding Judge Green's sudden retirement.

The Below Videos Have Been Incorporated Merely As Examples Of Our History Of Video Recording Court Proceedings - No Other Assumptions Should Be Implied

VolusiaExposed.Com's Experiences With
Judicial Misconduct

VolusiaExposed.Com has been covering the local central florida judicial system since March 1, 2010.

During that time frame - we (our staff) have attended many court proceedings - usually with our video recording equipment in tow.

We have witnessed poor judicial decisions that in our opinion, did NOT reach the level of judicial misconduct.

However, we have also witnessed what we consider to be some major acts of judicial misconduct. Some of these acts of alleged judicial misconduct were forwarded by VolusiaExposed.Com staffers to the JQC for their review.

March 27, 2017
Judge Threatens To Arrest VolusiaExposed.Com Representatives For Merely Taking Written Press Notes - These Press Notes Were Impounded By The Court

May 23, 2016 Loyd Hearing
Defense Attorney Eventually Files A Motion Alleging Judicial Misconduct
(Watch Minutes 10:30-11:30)

March 27, 2017
Judge Runs Off The Bench to Have A Private Meeting With The Jurors

March 27, 2017
Bumps In The Road Over Lunch
Judge Memorializes Her Private Meeting With The Jury

Every one of our complaints to the JQC never rose to the level whereas the JQC found probable cause to be able to to open a formal case of judicial misconduct. (no surprise there)
What Can Citizens DO?

If you still have faith that your government officials still appreciate that our government is a government of the people, by the people, for the people - and will listen to your input - then might we suggest that you email the members of the judicial sub-committee of the FLCRC and ask them to correct Article V Section 12 of the Florida Constitution by making it compliant with the United States Constitution? Afterall is it really too much to expect that one goal, if not the main goal of a Constitution Revision Commission would be to insure that the constitution is constitutional?

Be prepared to be disappointed....and there you have it.... stand by to stand by - there is surely more to come regarding this....

FLCRC Judicial Sub-Committee Members

Bill Schifino, Jr.

Anna Marie Hernandez Gamez

Timothy Cerio

Hank Coxe

Arthenia Joyner

Senator Tom Lee

Roberto Martinez

Carolyn Timmann