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RICARDO " R I C K " MORALES, IIICHAIR
HON. K E R RY . EVANDERVICE CHAIR
MICHAEL L. SCHNEIDERGENERAL COUNSEL
STATE O F F L O R I D A
~ U D I I L QU LIF IC TIONS C O M M I S S I O N
I I 1 0 'THOMASVILLE R O A D
TA L L A H A S S E E . F L O R I D A 3 2 3 0 3 - 6 2 2 4
< 8 S 0 4 8 8 - I S 8 I
December 10,2013
Neil J. Gillespie8092 SW 11 5 th LoopOcala, FL 34481
Re ocket No 13527 Judge Isom
Dear Mr Gillespie:
The Commission has completed its review of your complaint in the abovematter and has determined, at its meeting held on Thursday, December 5,2013,that the concerns you have expressed are not allegations involving a breach of theCoqe of Judicial Conduct warranting further action by the Commission but arematters for review through the normal court process.
The purpose of the Commission is to determine the existence of judicialmisconduct and disability as defined by the Constitution and the laws of the Stateof Florida If such misconduct or disability is found, the Commission canrecommend disciplinary action to the Florida Supreme Court. The Commissionhas found no basis for further action on your complaint that therefore has beendismissed.
Sincerely yours,
MichaelL
chneiderGeneral Counsel
MLS/bsk
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1 ~ 4 u I _ l ; O ~ 1 1 ; l ~ ~ S O ~ i E E1::1 323
I t} i l f : f : ~ ~ ~ t l l ? J p r t ~ r1. To
STATE OF FLOR IDAJUDICIAL QUALIFICATIONS (;OMMISSION
1110 THOMASVILLE ROA DTALLAHASSEE, FLORIDA 32303-6224
Neil J . Gillespie8092 SW 11 5 t h LoopOcala, FL 34481
3 4 4 8 1 3 5 6 7 t IJ J. J -,J. IIJ, IJ .II J JI II I l ' tJ ', 't I fJ I.,~ l _ 4 ,.
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Florida Judicial Q u a l f t l 6 ~ t t t i n s ~ ~ o m n i i s s l d n ~ : j ~ L . : ~ : ~ .111 Thomasville Road
r . , , . , . '.' PH, . . . . ..
Tallahassee FL 3 2 3 0 3 - 6 1 t 4 : ~ ; j ; : ~ . 2 ~ . ~ } . 1 ~ ; ; : : tor.
Neil J Gillespie8 92 SW 115 LoopOcala L 3448
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Your correspondence has been received and will bereviewed y the Commission when it meets next.
You will be notified of the Commission's actions y return mail.
Florida Judicial Qualifications Commission
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FLORIDA JUDICIAL QUALIFICATIONS COMMISSION1110 Thomasville Road
Tallahassee, FL 32303-6224(850) 488-1581
COMPLAINT FORM
This form is designed to provide the Commission with information required to make aninit i l evaluation of your complaint.
PLEASE NOTE: COMPLAINT FORM MUST BE TYPED OR LEGIBLY HAND PRINTED, DATEDAND SIGNED BEFORE IT WILL BE CONSIDERED.(Note: This form can be typed into here, then printed, or print it out and fill it in by hand.)
I. Person Making Complaint
Name Gillespie Neil JosephMr.Ms.Mrs.
(Last) (First) (Middle)
Address 8092 SW 115th Loop
Ocala, Florida 34481
Telephone Number(s): (Day) 352-854-7807 (Evening) _
II. Judge Against Whom Complaint is Made
Name Isom Claudia Rickert(Last) (First) (Middle)
Address George Edgecomb Courthouse, 800 E. Twiggs Street, Room 430
Tampa, FL 33602
Supreme Court
District Courtof Appeal
Thirteenth Judicial Circuit. Hillsborough CoCircuit Court
County Court
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This complaint is not related to my case where Judge Isom presided. However in the interest of full disclosure I noted that case below(05-CA-7205), and provided a copy (without exhibits) of my previous complaint made August 15, 2012 related to that case, and letterof Mr. Schneider re: Docket No. 12385 Judge Isom to Neil Gillespie October 10, 2012 "the concerns you express....are matters forreview solely through the court system."
This complaint concerns Judge Isom's violation of the Constitution of the State of Florida, Article V, Section 13; failure to disclosemultiple "Interests In Specified Businesses" on the Form 6 Full and Public Disclosure of Financial Interests, Section E; failure todisclose an ownership interest in a high performance aircraft; likely tax evasion through WCAT, INC.; and concealment of the realpurpose and use ofWCAT INC., the high performance aircraft, and purpose for failing to disclose this information.
IV. Additional Information if available)
a. If your complaint arises out of a court case, please answer the following questions:
1. What is the name and number of the case?
Gillespie v. Barker, Rodems & Cook, PA, et al C N 05-CA-007205, Hillsborough Co.Case name: ase o. _
2. What kind of case is it?
civil [ J criminal D domestic relations D probate
o small claims 0 traffic 0 other (specify)3. What is your relationship to the case? I
counter-defendant It plaintiff/petitioner defendant/respondent o attorney for _
o witness for _
o other (specify)b. If you were represented by an attorney in this matter at the time of the judge's conduct, please
identify the attorney:
Name n l a
Address _
Phone _
c. List and attach copies of any relevant documents which you believe support your claim that thejudge has engaged in judicial misconduct or has a disability. (Note: Retain a copy for yourrecords as these documents shall become the property of the Commission and may not bereturned.)
See accompanying written complaint and supporting documents.
d. Identify, if you can, any other witnesses to the conduct about which you complain:See accompanying written complaint and supporting documents.Name(s): _
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See accompanying written complaint and supporting documents.
ee accompanying written complaint and supporting documents.Addresses: _
ee 8CCOmpanylng written complaint and supporting documents.Phone Numbers: _
IN FILING THIS COMPLAINT, I UNDERSTAND THE COMMISSION'S RULES PROVIDE THAT ALLPROCEEDINGS OF THE COMMISSION, INCLUDING COMPLAINTS FILED WITH THE COMMISSION,SHALL BE KEPT CONFIDENTIAL PRIOR TO THE FILING OF FORMAL CHARGES. I FURTHERUNDERSTANDTHAT THIS RULE OF CONFIDENTIALITY ATTACHES AND BECOMES EFFECTIVE UPONTHE FILING OF THIS COMPLAINT AND THAT ANY VIOLATION COULD RESULT IN A CITATION FORCONTEMPT BY THE COMMISSION.
V. Under penalty of perjury I declare that I have examined and understand this complaint form andto the best of my knowledge and belief , the above informat ion is true correct and complete andsubmitted of my own free will.
October 17, 2013(Date)
Please note that the Commission only has authority to investigate allegations of judicialmisconduct or permanent disability by persons holding state judicial positions. The Commissionhas no jurisdiction over a,nd does not consider complaints against Federal Judges, magistrates,lawyers, police, court personnel, or State Attorneys. The Commission does not act as anappellate court and cannot review, reverse or modify a legal decision made by a judge in thecourse of a court proceeding. For example, the Commission does not investigate claims tha t ajudge wrongfully excluded evidence; imposed an improper sentence, awarded custody to thewrong party; incorrectly awarded alimony or child support; incorrectly resolved a legal issue orbelieved perjured testimony.
Please return this form and direct all future communications to:
Florida Judicial Qualifications Commission1110 Thomasville RoadTallahassee, FL 32303-6224
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VIA U.P.S. No. 1Z64589FP292234917 October 17, 2013
Rick Morales JQC Commission Chair JQC Commission Members (member list enclosed)c/o Brooke S. Kennerly, Executive Director
c/o Michael Schneider, General CounselJudicial Qualifications Commission - JQC1110 Thomasville Road Tallahassee, FL 32303-6224
RE: Complaint against Judge Claudia Rickert Isom, Hillsborough County, Florida
Dear Commission Chair Morales, Commission Members, Ms. Kennerly, and Mr. Schneider:
Please find enclosed my signed JQC complaint form and supporting documents in my complaintagainst Judge Claudia Rickert Isom. My complaint shows the existence of judicial misconduct
and disability by Judge Isom as defined by the Constitution and the laws of the State of Florida.
Overview
This complaint concerns Judge Isoms violation of the Constitution of the State of Florida,Article V, Section 13; failure to disclose multiple Interests In Specified Businesses on theForm 6 Full and Public Disclosure of Financial Interests, Section E; failure to disclose anownership interest in a high performance aircraft; likely tax evasion through WCAT, INC.; and concealment of the real purpose and use of WCAT, INC., the high performance aircraft, and
purpose for failing to disclose this information.
Complaint Count 1:Judge Isoms private, for profit, corporate duties, other than judge.
Constitution of the State of Florida, Article V, Judiciary:
SECTION 13. Prohibited activities.All justices and judges shall devote full time totheir judicial duties. (relevant portion)
Public records filed with the Florida Secretary of State show Judge Isom is employed or servesas the Vice President and Corporate Secretary for WCAT, INC., mailing address 4412 W.Estrella St., Tampa FL 33629. Enclosed please find the following Florida Profit Corporation
Amended Annual Report showing Claudia R. Isom serves as the Vice President and CorporateSecretary for WCAT, INC.:
WCAT, INC. 2009 Florida Profit Corporation Amended Annual Report, Aug-20-2009WCAT, INC. 2010 Florida Profit Corporation Annual Report filed Feb-02-2010WCAT, INC. 2011 Florida Profit Corporation Annual Report filed Jan-03-2011WCAT, INC. 2012 Florida Profit Corporation Annual Report filed Jan-09-2012WCAT, INC. 2013 Florida Profit Corporation Annual Report filed Jan-25-2013
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Complaint Count 2:Judge Isom failed to disclose WCAT, INC on Form 6 Interests In Specified Businesses
Judge Isom failed to show her interest beginning on or about August 20, 2009 in WCAT, INC, or her service as the Vice President and Corporate Secretary for WCAT, INC, on the Form 6 Fulland Public Disclosure of Financial Interests, Section E Interests In Specified Businesses, thatJudge Isom filed up to and including the disclosure for 2012 filed July 1, 2013.
Enclosed you will find the below listed Form 6 Full and Public Disclosure of Financial Interestsfilings bearing the name and notarized signature of Judge Isom. However Judge Isom failed todisclose on the forms her interest in WCAT, INC, or service or employment as Vice Presidentand Corporate Secretary for WCAT, INC, Section E Interests In Specified Businesses:
Isom Claudia Rickert 2009 Form 6, stamped received June 16, 2010
Isom Claudia Rickert 2010 Form 6, stamped received June 17, 2011Isom Claudia Rickert 2011 Form 6, stamped received June 25, 2012Isom Claudia Rickert 2012 Form 6, stamped received July 1, 2013
Complaint Count 3:Judge Isom is engaged in fraud through WCAT, INC.
The Articles of Incorporation filed April 2, 2002 for WCAT, INC. show it is a Florida profitcorporation, and in Article III Purpose, organized to operate, buy, sell and lease aircraft:
The purpose or purposes for which the corporation is organized is to operate, buy, sell
and lease aircraft, and to do everything necessary, proper, advisable or convenient for theaccomplishment of said purposes, and to do all other things incidental to them or connected with them that are not forbidden by the Florida corporation laws or by other laws, or by those Articles of Incorporation, and to carry out the said purposes in anystate, territory, district, or possession of the United States, or in any foreign country, tothe extent that these purposes are not forbidden by the law of the state, territory, district,or possession of the United States or by the foreign country.
On information and belief, neither Judge Isom nor husband Woodson Isom buy, sell and leaseaircraft as a profession. Judge Isom is a judge, and Woodson Isom is a Florida licensed attorneywho operates a law practice. On information and belief, Woodson Isom is a pilot, and served
1968 - 1972 as an AVIONICS OFFICER, U.S.A.F. Enclosed is an aviation-related resume for Mr. Isom, and his lawyer resume. It appears this corporation may be used solely to avoid
payment of taxes, by charging the expenses of personal flights as a business expense.
In the alternative, this aircraft may be used for untoward purposes discussed below.
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Complaint Count 4:Judge Isom failed to disclose an ownership interest in a high performance aircraft.
Also missing from Judge Isoms Form 6 Part B is a valuable asset, a high performance aircraftregistered as owned by WCAT, INC. As shown on the attached evidence of registration, WCAT,INC. owns a 1979 Piper model 32RT-300T, Serial number 32R-7987092, fixed wing singleengine aircraft, Tail ID 3025L. The aircraft has a high performance 310 horsepower singleLycoming TI0-540 engine (turbocharged and fuel-injected variant), 7 seats, speed 124mph.
According to the enclosed flight tracker information, the aircraft owned by WCAT, INC. Tail ID3025L flew from Vaiden Field Marion Alabama (6.42 PM CDT) September 8, 2013 to TampaExecutive airport Tampa Florida September 8, 2013 (10:51 PM EDT).
The aircraft flew from Tampa Executive airport Tampa Florida (1:31 PM EDT) September 1,
2013 to Palm Beach International airport West Palm Beach Florida (2:39 PM EDT) September 1,2013, with a return trip the same day. The aircraft left Palm Beach International airport (8:57 PMEDT) September 1, 2013 and arrived at Tampa Executive airport (10.01 PM EDT) September 1,2013. It appears this aircraft travels often.
Complaint Count 5:Judge Isom failed to disclose the real purpose of serving as Vice President and CorporateSecretary of WCAT INC, or the purpose and use of owning a high performance aircraft.
The 1979 Piper model 32RT-300T is known as a favorite for cargo haulers, with a powerful 310horsepower engine, multiple well-placed doors, the largest cabin of it class, and an immense
amount of room to load long and bulky objects. (Flying Magazine, Mar 08, 2010)http://www.flyingmag.com/pilot-reports/pistons/six-seat-stalwart-used-pa-32-review
The PA-32 appears well-suited to smuggling or other untoward usage. Judge Isom has concealed her position as Vice President and Corporate Secretary with WCAT INC., a Florida for profitcorporation that owns the aircraft. Judge Isom may have concealed an ownership interest in theaircraft. Flight tracker information shows frequent flights to and from Tampa Florida to the eastcoast of Florida, and to and from Tampa Florida to Vaiden Field in Marion Alabama.
Tampa Executive airport in Tampa Florida is a private airport. On information and belief, TampaExecutive and does not screen passengers or baggage like the adjacent Tampa International
Airport which uses the TSA - Transportation Security Administration to screen passengers and baggage. Users of Tampa Executive airport may board an aircraft with illegal drugs, largeamounts of cash, loaded firearms, or other illicit items with little effort or chance of discovery.
The above information when considered in its entirety would cause an ordinary person toquestion why Judge Isom did not disclose her position as Vice President and Corporate Secretarywith WCAT INC., a Florida for profit corporation that owns the aircraft. A reasonable personcould also question the source of funds used to pay the costs of operating this aircraft frequently.
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Complaint Count 6:Judge Isom failed to disclose Honey Creek Lane Farm, Inc. on Form 6 as Interests InSpecified Businesses
The enclosed Internet listing by Bizapedia shows Judge Isom served as director of Honey Creek Lane Farm, Inc., beginning in 2004; currently an inactive Iowa corporation. Judge Isom does notshow on any Form 6 in Part E listed below an interest in Honey Creek Lane Farm, Inc.
Isom Claudia Rickert 2004 Form 6, stamped received July 5, 2005Isom Claudia Rickert 2005 Form 6, stamped received June 22, 2006Isom Claudia Rickert 2006 Form 6, stamped received June 19, 2007Isom Claudia Rickert 2007 Form 6, stamped received May 15, 2008Isom Claudia Rickert 2008 Form 6, stamped received June 22, 2009Isom Claudia Rickert 2009 Form 6, stamped received June 16, 2010
Isom Claudia Rickert 2010 Form 6, stamped received June 17, 2011Isom Claudia Rickert 2011 Form 6, stamped received June 25, 2012Isom Claudia Rickert 2012 Form 6, stamped received July 1, 2013
The Judicial Qualifications Commission of Florida
The Judicial Qualifications Commission of Florida is an independent agency created by theFlorida Constitution solely to investigate alleged misconduct by Florida state judges in a fair and unbiased manner without favoritism, extortion, improper influence, personal self-enrichment,self-dealing, concealment, and conflict of interest.
Authority for The Judicial Qualifications Commission is found in the Florida Constitution,Article V Judiciary, Section 12 Discipline; removal and retirement, and section 43.20 FloridaStatutes, Judicial Qualifications Commission:
43.20(1) PURPOSE.The purpose of this section is to implement s. 12(b), Art. V of theState Constitution which provides for a Judicial Qualifications Commission.
Brooke S. Kennerly is the Executive Director of the Judicial Qualifications Commission, and is by virtue of that position of trust an officer and employee of state government, responsible for lawfully performing and discharging her duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment, conflict of interest, or the
Unlicensed Practice of Law.
Michael Schneider is the General Counsel of the Judicial Qualifications Commission, and is byvirtue of that position of trust an officer and employee of state government, responsible for lawfully performing and discharging his duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment, conflict of interest, or theUnlicensed Practice of Law.
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Ricardo (Rick) Morales, III, is Commission Chair of the Judicial QualificationsCommission, and is by virtue of that position of trust an officer and employee of stategovernment, responsible for lawfully performing and discharging his duties without bias,
favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment,conflict of interest, or the Unlicensed Practice of Law.
Commission Members of the Judicial Qualifications Commission are each by virtue of that position of trust an officer and employee of state government, responsible for lawfully performing and discharging his or her duties without bias, favoritism, extortion, improper influence, personal self enrichment, self-dealing, concealment, conflict of interest, or theUnlicensed Practice of Law. A list of Commission Members, October 17, 2013, is enclosed.
Florida - Corruption Capital of America
Florida is the most corrupt state in America. The New York Times, September 1, 2013, by Nick Madigan: Arrests of 3 Mayors Reinforce Floridas Notoriety as a Hothouse for Corruption :
...Florida....led the country in convictions of public officials - 781 - between 2000 and 2010, according to Department of Justice figures.
Florida has become the corruption capital of America," said Dan Krassner, the executivedirector of a watchdog group, Integrity Florida, citing statistics going back to 1976 and the "significant number of public officials arrested this year and last.
A paper copy of the Times story is enclosed, and can be found online that this link:
http://www.nytimes.com/2013/09/02/us/arrests-of-3-mayors-reinforce-floridas-notoriety-as-a-hothouse-for-corruption.html
Reporting Professional Misconduct
Member of The Florida Bar have a duty to report misconduct of lawyers and judges as provided by Rule 4-8.3(a) and (b):
Rule 4-8.3 Reporting Professional Misconduct
(a) Reporting Misconduct of Other Lawyers. A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantialquestion as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate professional authority.
(b) Reporting Misconduct of Judges. A lawyer who knows that a judge has committed aviolation of applicable rules of judicial conduct that raises a substantial question as to the
judge's fitness for office shall inform the appropriate authority.
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Misprision of Felony
All persons have a duty pursuant to 18 U.S.C. 4 - Misprision of felony:
Whoever, having knowledge of the actual commission of a felony cognizable by a courtof the United States, conceals and does not as soon as possible make known the same tosome judge or other person in civil or military authority under the United States, shall befined under this title or imprisoned not more than three years, or both.
See U.S. v Scruggs, 11-60564, C.A.5, Opinion, misprision of felony, 18 U.S.C. 4http://www.ca5.uscourts.gov/opinions/pub/11/11-60564-CV0.wpd.pdf
Honest Services Fraud
A decision February 14, 2013 in U.S. v. Terry 11-4130, C.A.6 affirmed a jury conviction againstformer Judge Steven J. Terry of several honest services fraud violations, citing federal anti-corruption statutes, one of which prohibits an official from accepting things of value in returnfor official acts. 18 U.S.C. 201(b)(2). The Government proved to a jury that Terry accepted from political benefactor Frank Russo campaign donations, a thing of value, in return for officialacts, improper rulings on summary judgment. An FBI wiretap provided evidence of the crime.The government proved that the defendant used the mail to carry out a scheme or artifice todefraud another, 18 U.S.C. 1341, of the intangible right of honest services. 18 U.S.C. 1346. http://www.ca6.uscourts.gov/opinions.pdf/13a0040p-06.pdf
See enclosed the application of Terry to Hillsborough Co. Florida Judge Martha J. Cook
JQC Complaints, Complainants and the First Amendment
First Amendment to the United States Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting thefree exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
Offenses Related to Obstruction of Justice Offenseshttp://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01739.htm
In part, from the D.O.J. Criminal Resource Manual 1739 (enclosed):
C. 18 U.S.C. 241--conspiracy to injure or intimidate any citizen on account of his or her exercise or possibility of exercise of Federal right (overlap with 18 U.S.C. 1503, 1510, 1512,
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and 1513). Under 18 U.S.C. 241, it is a Federal offense to conspire to injure a citizenfor having exercised a Federal right or to conspire to intimidate a citizen from exercising aFederal right. One such right is the right to be a witness in a Federal court, United States v.
Dinome, 954 F.2d 839, 845 (2d Cir.), cert. denied, 506 U.S. 830 (1992); United States v. Thevis,665 F.2d 616, 626 (5th Cir.), cert. denied, 456 U.S. 1008, and cert. denied, 458 U.S. 1109, and cert. denied, 459 U.S. 825 (1982); or other Federal proceeding, United States v. Smith, 623 F.2d 627, 629 (9th Cir. 1980). "So is the right to inform Federal officials of violations of Federallaws." Id.
E. 18 U.S.C. 371 and 372--conspiracies to commit any offense against the United States, or to prevent or retaliate in response to the lawful discharge of the duties of Federal officers (overlapwith 18 U.S.C. 1503, 1505, 1510, 1512, and 1513). see generally United States v.Frankhauser, 80 F.3d 641, 653 (1st Cir. 1996) (conspiracy to persuade witness to destroy or conceal evidence for use in an official proceeding); United States v. Fullbright, 69 F.3d 1468,
1472 (9th Cir. 1995) (conspiracy to mail arrest warrants to a United States Bankruptcy Judge);United States v. Mullins, 22 F.3d 1365, 1367 (6th Cir. 1994) (conspiracy to alter flight log booksof police officers to prevent information from reaching the grand jury); United States v.Jeter, 775 F.2d 670, 683 (5th Cir. 1985) (conspiracy to obtain secret grand jury information),cert. denied , 475 U.S. 1142 (1986).
Under 18 U.S.C. 371, the fraud or impairment of legitimate government activity may take anyof several forms:
1. Bribery of a government employee, kickbacks to government employees or extortionof money or favors by government employees, misrepresentations of financial capability,
alteration or falsification of official records, submission of false documents; and
2. Obstructing, in any manner, a legitimate governmental function.
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00925.htm
Article VI and Treaties of the United States
Article VI of the U.S. Constitution provides in part, ...all Treaties made, or which shall bemade, under the Authority of the United States, shall be the supreme Law of the Land; and theJudges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State
to the Contrary notwithstanding. I believe certain Treaties of the United States may apply:
The International Covenant on Civil and Political Rights (ICCPR)
Signed by President Carter October 5, 1977, Ratified by the United States June 8, 1992.http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
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U.S. Finally Ratifies Human Rights Covenant, by Jimmy Carter, June 29, 1992http://www.cartercenter.org/news/documents/doc1369.html
The United States declares that it accepts the competence of the Human Rights,Committee http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx
to receive and consider communications under article 41 in which a State Party claimsthat another State Party is not fulfilling its obligations under the Covenant.http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en
The review of the United Sates of America has been canceled http://www.ohchr.org/EN/HRBodies/CCPR/Pages/ReviewUSA.aspx
The United Nations Convention against Corruption (UNCAC)
Signed by the United States December 9, 2003http://www.unodc.org/unodc/en/treaties/CAC/
Ratified by the United States October 30, 2006http://treaties.un.org/Pages/ViewDetails.aspx?mtdsg_no=XVIII-14&chapter=18&lang=en
Universal Declaration of Human Rights (UDHR)
Resolution 217(A)(III) of the United Nations General Assembly, December 10, 1948.
U.S. State Department link http://www.state.gov/documents/organization/204710.pdf
"Legal aid, a right in itself" UN Special Rapporteur - May 30, 2013
"Legal aid is both a right in itself and an essential precondition for the exercise and enjoyment of a number of human rights, including the rights to a fair trial and to an effective remedy," said Ms. Knaul, presenting her latest report to the UN Human Rights Council. "It represents animportant safeguard that contributes to ensuring the fairness and public trust in theadministration of justice."
States bear the primary responsibility to adopt all appropriate measures to fully realize the right
to legal aid for any individual within its territory and subject to its jurisdiction, the SpecialRapporteur said. Beneficiaries of legal aid should include any person who comes into contactwith the law and does not have the means to pay for counsel.
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13382&LangID=E
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The United States and the International Criminal Courthttp://www.hks.harvard.edu/cchrp/Web%20Working%20Papers/ICC.pdf
U.S. Supreme Court Justice Robert Jackson, in his opening statement as the chief prosecutor at Nuremberg, reminds us:
"The [Nuremberg] charter recognizes that one who has committed a criminal act may nottake refuge in superior orders nor in the doctrine that his crimes were acts of state."
Carr Center for Human Rights Policy Working Paper T-00-02
Integrity Floridahttp://www.integrityflorida.org/
Integrity Florida is a nonpartisan, nonprofit research institute and government watchdog whosemission is to promote integrity in government and expose public corruption. Florida led the U.S.in federal public corruption convictions from 2000-2010. Florida also received a failing grade for state ethics enforcement agencies on a Corruption Risk Report Card by State IntegrityInvestigation. Integrity Florida is published research reports:
Corruption Risk Report: Florida Ethics Laws, June 2012 by Ben Wilcox and Dan Krassner
http://www.integrityflorida.org/wp-content/uploads/2013/03/Integrity_Florida-Corruption-Risk-Report-Florida-Ethics-Laws-06.06.12.pdf
Floridas Broken Campaign Finance System, Jan-16, 2013 by Ben Wilcox and Dan Krassner
http://www.integrityflorida.org/wp-content/uploads/2013/03/Floridas-Broken-Campaign-Finance-System-Integrity-Florida-Report-to-the-Florida-House-of-Representatives-FINAL-01.16.13.pdf
Enterprise Florida: Economic Development or Corporate Welfare? February 2013
http://www.integrityflorida.org/wp-content/uploads/2013/02/Enterprise-Florida-Economic-Development-or-Corporate-Welfare-FINAL2.pdf
Corruption Risk Report: Enterprise Florida, by Ben Wilcox and Dan Krassner
http://www.integrityflorida.org/wp-content/uploads/2013/03/Integrity_Florida-Corruption-Risk-Report-Enterprise-Florida-04.25.12.pdf
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The Florida Press Association to Chief JudgeManuel Menendez, Jr., Thirteenth Judicial Circuit
The Florida Press Association wrote Chief Judge Menendez November 16, 2011 (enclosed):[T]o convey our serious concern that foreclosure hearings in Hillsborough County are beingconducted in a manner that inappropriately impedes public access to judicial proceedings. It hasrecently come to our attention that members of the public encounter significant obstacles whenattempting to observe foreclosure proceedings, and in some instances are unable to do so at all.We believe this practice violates Florida law's robust guarantee of open courts.
The Press Associations letter was provided cc to Florida Supreme Court Chief Justice CharlesT. Canady. Signatories to the November 16, 2011 letter include:
Samuel J. Morley, General Counsel, The Florida Press Association Talbot DAlemberte, The Florida Press Association Barbara Peterson, President, First Amendment Foundation Larry Schwartztol, Staff Attorney, The American Civil Liberties Union Gil Thelen, Executive Director, Florida Society of News Editors Randall C. Marshall, Legal Director, The American Civil Liberties Union of Florida
Conclusion
Unfortunately Claudia Rickert Isom is dishonest and has engaged in a wide range of misconductas shown here. This complaint shows the existence of judicial misconduct and disability byJudge Isom as defined by the Constitution and the laws of the State of Florida. Judge Isom must
be immediately removed from office to uphold the integrity and independence of the judiciary.
Florida is the most corrupt state in America, and Hillsborough County may be the most corruptcounty in Florida, as shown in my past complaints to the JQC, which it has wrongly dismissed.
A Judge Shall Uphold the Integrity and Independence of the Judiciary. Canon 1. An independentand honorable judiciary is indispensable to justice in our society. A judge should participate inestablishing, maintaining, and enforcing high standards of conduct, and shall personally observethose standards so that the integrity and independence of the judiciary may be preserved.
A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge'sActivities. Canon 2. Section A, a judge shall respect and comply with the law and shall act at alltimes in a manner that promotes public confidence in the integrity and impartiality of the
judiciary.
A judge must expect to be the subject of constant public scrutiny. A judge must therefore acceptrestrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizenand should do so freely and willingly. The Commentary to Canon 2A holds, Irresponsible or
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JQC Complaint - Claudia Rickert Isom October 17, 2013Page - 11
improper conduct by judges erodes public confidence in the judiciary. A judge mustavoid all impropriety and appearance of impropriety. A judge must expect to be the subject ofconstant public scrutiny. A judge must therefore accept restrictions on the judge's conduct thatnlight be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
Fiscal Matters of a Judge Shall be Conducted in a Manner That Does No t Give the Appearanceof Influence or Impropriety; a Judge Shall Regularly File Public Reports as Required by ArticleII, Section 8 of the Constitution of Florida, and Shall Publicly Report Gifts; AdditionalFinancial Information Shall be Filed With the Judicial Qualifications Commission to Ensure FullFinancial Disclosure. Canon 6.
Claudia Rickert Isom is personally known to me as a complete and utter liar. Judge Isom wasdishonest February 1 2007 during a conflict hearing in my civil lawsuit, Gillespie v. Barker,Rodems Cook, PA, et aI, Case No. 05-CA-007205, Hillsborough Co. Judge Isonllied by
omission when she failed to disclose that Woody Isom and Jonathan Alpert were previously lawpartners and shareholders at the law firm Fowler White in Tampa.
Judge Isom lied in my case in order to avoid disqualification and stay on the case to unlawfullyhelp Mr. Rodems and his firm Barker, Rodems Cook, PA. Judge Isom also denied medisability accommodation. So why is Judge Isom lying by onlission now, failing to disclose herposition as Vice President and Corporate Secretary ofWC T INC, and her other misconduct?
In consideration of the foregoing, Claudia Rickert Isom must be removed from office.
Under penalty of perjury, I declare that I have examined and understand this complaint andto the best of my knowledge and belief, the above information is true, correct and complete andsubmitted of my own free will.
Telephone: (352) 854-7807
Email: [email protected]
Enclosures: JQC complaint form, and the above supporting documents.
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APPENDIX, JQC Complaint
Judge Claudia Rickert Isom, October 17, 2013
Exhibit 1 WCAT, INC., composite of Florida Profit Corp. Annual Reports, 2009-2013
Exhibit 2 Judge Isom, composite of Form 6 Full and Public Disclosure, 2004-2013
Exhibit 3 WCAT, INC., Articles of Incorporation filed April 5, 2002
Exhibit 4 A. Woodson Isom, Jr. lawyer resume, aviation-related experience
Exhibit 5 1979 Piper 32RT-300T, ser. 32R-7987092, Tail ID N3025L Aircraft Registration
Exhibit 6 Flight tracker information, Sep-08-2013, Vaiden Field to Tampa Exec, ID N3025L
Exhibit 7 Flight tracker information, Sep-01-2013, Tampa Executive to Palm Beach, ID N3025L
Exhibit 8 Flight tracker information, Sep-01-2013, Palm Beach to Tampa Executive, ID N3025L
Exhibit 9 PA-32 Review, Flying Magazine, March 8, 2010
Exhibit 10 Bizapedia, List of Companies with principals that go by the name of Claudia Isom
Exhibit 11 New York Times, Floridas Notoriety as a Hothouse for Corruption, Sep-01-2013
Exhibit 12 Judicial Qualification Commission Members, October 17, 2013
Exhibit 13 U.S. v. Terry 11-4130, C.A.6, as applied to Martha Cook
Exhibit 14 Criminal Resource Manual 1739 Offenses-Obstruction of Justice
Exhibit 15 Criminal Resource Manual 925 Obstructing or Impairing Legitimate Govt. Activity
Exhibit 16 Florida Press Association Letter to Chief Judge Menendez, Nov-11-2011
Exhibit 17 JQC Docket No. 12385, Judge Claudia R. Isom, October 10, 2010
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4412 W. ESTRELLA ST.TAMPA, FL 33629
Current Principal Place of Business:
Current Mailing Address:
4412 W. ESTRELLA ST.TAMPA, FL 33629
Entity Name: WCAT, INC.
DOCUMENT# P02000037731
FEI Number: 72-1567119 Certificate of Status Desired:Name and Address of Current Registered Agent:
ISOM, A.WOODSON JR4412 W. ESTRELLA ST.TAMPA, FL 33629 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:Electronic Signature of Registered Agent Date
Officer/Director Detail Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made underoath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appearsabove, or on an attachment with all other like empowered .
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
FILEDJan 25, 2013
Secretary of State
A. WOODSON ISOM, JR. P 01/25/2013
2013 FLORIDA PROFIT CORPORATION ANNUAL REPORT
No
Title PT
Name ISOM, A. WOODSON JR
Address 4412 W. ESTRELLA ST.
City-State-Zip: TAMPA FL 33629
Title VS
Name ISOM, CLAUDIA R
Address 4412 W. ESTRELLA ST.
City-State-Zip: TAMPA FL 33629
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A. WOODSON ISOM, JR.P.O. Box 320461
Tampa, FL 33679-2461(813) 629-6388
(813) 286-3699 (fax)www.woodyisom.com
EDUCATION
Florida State University College of Law Juris Doctor Degree, High HonorsLaw Review, Notes and Comments Editor
Book Awards: Torts and EvidenceResearch Assistant, Dean Joshua MorseResearch Assistant, Staff Counsel, The Florida BarStudent Intern, First Judicial Circuit Public Defender's Office; Student Intern, Florida Supreme Court
University of FloridaBachelor of Science in Mathematics
MILITARY EXPERIENCE :
United States Air Force, Avionics OfficerAchieved Rank of Captain.
LEGAL EXPERIENCE
1975 - 1985 Fowler, White, Gillen, Boggs, Villareal & Banker, P.A. , Tampa, FloridaInsurance Defense Litigation Practice
1985 Wagner, Cunningham, Vaughan & McLaughlin, Tampa, Florida Plaintiff's Personal Injury Practice
1985 - 2007 A. Woodson Isom, Jr., P.A.; Isom & Pingel, P.A.; Isom, Pingel & Isom-Rickert,P.A.; Isom & Isom-Rickert, P.A.;A. Woodson Isom, Jr., P.A. , Tampa, FloridaPlaintiff's Personal Injury Practice; Mediation and Arbitration
2007 - 6/10 Merlin Law Group, Tampa, Florida First party insurance trial practice
6/10 - Present A. Woodson Isom, Jr., P.A., Tampa, FloridaMediation, Arbitration and Trial Practice
4
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PROFESSIONAL ACTIVITIES
Memberships
The American Board of Trial AdvocatesLawyer-Pilots Bar AssociationAviation Law Section, The Florida BarHillsborough County Bar AssociationAmerican Inns of Court
Leadership PositionsHillsborough County Bar Association
Board of Directors, 1984-1990Trial Lawyers Section, Executive Council. 1984-90, President, 1989-90
Medical-Legal Committee, Chairman, 1983-84American Board of Trial Advocates, Tampa Chapter, President, 1987-1988; 2004-2005 The Florida Bar
13 th Circuit Grievance Committee C, Chairman 1984-1985Aviation Law SectionTrial Lawyers Section, Executive Council, 2001-2007American Inns of Court, Master of the Bar, 1990-96 ; 2006-present; Parliamentarian, 1994-95; Secretary, 1995-96
PROFESSIONAL ACHIEVEMENTS
Board Certified Civil Trial Lawyer, The Florida Bar, 1983 - presentCertified as a Civil Trial Advocate by the National Board of Trial Advocacy, 1988 - presentCertified as an arbitrator by state and federal courtsCertified as a mediator by state and federal courtsAV rating, Martindale-HubbellFlorida Super Lawyer. 2009, 2010, 2011 & 2012
ADMITTED TO PRACTICE
Supreme Court of Florida, 1975U.S. Supreme Court, 1981Tennessee Bar, 2009U.S.D.C., Middle District of Florida, 1975U.S.D.C., Northern District of Florida, 1981U.S.D.C., Southern District of Florida, 2009U.S. Court of Appeals, Eleventh Circuit, 1981
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A. WOOD SON ISOM, JR.
AVIATION-RELATED EXPERIENCE
1968 - 1972 AVIONICS OFFICER, U.S.A.F.
1971 EARNED PRIVATE PILOT LICENSE THROUGH U.S.A.F.AEROCLUB
1975 - 1985 PERSONAL INJURY TRIAL PRACTICE WHICH INCLUDEDREPRESENTATION OF AIR CARRIERS, MAJOR AVIATIONINSURANCE COMPANIES, AIRCRAFT MANUFACTURERS,PRIVATE PILOTS, REPAIR FACILITIES, ETC. IN AVIATIONRELATED MATTERS
1985 - 1996 PERSONAL INJURY TRIAL PRACTICE PRIMARILY LIMITED TOREPRESENTATION OF PLAINTIFFS, INCLUDING AVIATIONRELATED MATTERS, AND PILOTS AND MECHANICS IN FAAENFORCEMENT ACTIONS
1987 - Present AOPA LEGAL SERVICES PLAN ATTORNEY
ASMEL, IFR RATING, 3,000+ HOURS, AIRCRAFT OWNER/OPERATOR
GENERAL TRIAL-RELATED EXPERIENCE
BOARD CERTIFIED CIVIL TRIAL LAWYER, THE FLORIDA BAR, SINCE 1983
CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIALADVOCATES SINCE 1988
AV RATING, MARTINDALE-HUBBELL
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Aircraft
N-number View Aircraft Registration
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Pilot Resources N3025L Aircraft Registration
Aircraft Registration Related Links:
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Aircraft Registration (N3025L)
Aircraft SummaryAircraft Summary
SummarySummary Owner Owner AirworthinessAirworthiness Serial Number Serial Number
1979 PIPER PA-32RT-300TFixed wing single engine(7 seats / 1 engine)
WCAT INCTAMPA, FL(Corporation)
Standard/Normal 32R-7987092
Aircraft Details
Engine Weight Speed Mode S Code
LYCOMING TI0-540 SERHorsepower: 310 (Reciprocating) Less than 12,500lbs 124mph 50624722
Registration DetailsRegistration Details
Status Certificate Issue Date Airworthiness Date Last Action Date Expiration
Assigned 2002-04-18 1979-09-17 2011-04-14 2014-04-30
Registration HistoryRegistration History
Date Owner Location Serial Number Mode S Code
02-Jun-2006 WCAT INC TAMPA FL 32R-7987092 50624722
LIVE FLIGHT TRACKING
10:09PM EDT
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Live Flight Tracker N3025L
DateDate Airc raf t Airc raf t OriginOrigin DestinationDestination DepartedDeparted Arr ival Arr ival DurationDuration
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Live Flight Tracker N3025L 01-Sep-2013 KVDF - KPBI
DateDate Airc raf t Airc raf t OriginOrigin DestinationDestination DepartedDeparted Arr ival Arr ival DurationDuration
05-Sep-2013 P32R/G Vaiden Field ( A08 ) Bill and Hillary Clinton National/Adams Field ( KLIT) 02:50PM CDT 05:04PM CDT 2:14
05-Sep-2013 P32R/G Tampa Exec utiv e ( KVDF) Vaiden Field ( A08 ) 12:38PM EDT 02:12PM CDT 2:3401-Sep-2013 P32R/G Palm Beac h Intl ( KPBI ) Tampa Executive ( KVDF) 08:57PM EDT 10:01PM EDT 1:04
01-Sep-2013 P32R/G Tampa Exec utiv e ( KVDF) Palm Beach Intl ( KPBI) 01:31PM EDT 02:39PM EDT 1:08
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Live Flight Tracker N3025L 01-Sep-2013 KPBI - KVDF
DateDate Airc raf t Airc raf t OriginOrigin DestinationDestination DepartedDeparted Arr ival Arr ival DurationDuration
05-Sep-2013 P32R/G Vaiden Field ( A08 ) Bill and Hillary Clinton National/Adams Field ( KLIT) 02:50PM CDT 05:04PM CDT 2:14
05-Sep-2013 P32R/G Tampa Exec utiv e ( KVDF) Vaiden Field ( A08 ) 12:38PM EDT 02:12PM CDT 2:34
01-Sep-2013 P32R/G Palm Beac h Intl ( KPBI ) Tampa Executive ( KVDF) 08:57PM EDT 10:01PM EDT 1:04
01-Sep-2013 P32R/G Tampa Exec utiv e ( KVDF) Palm Beach Intl ( KPBI) 01:31PM EDT 02:39PM EDT 1:08
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Enlarge Photo(http://www.flyingmag.
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View Gallery(/photo-gallery
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32-review)
Saratoga
It's been 45 years since Piper stretched the Cherokee fuselage to create the Six, and the much refined version of the airplane remains in production as the Saratoga II. That kind of production longevity is proof that Piper
found an enduring market niche for the PA-32 family, and solid demand on the used market even in today'sdepressed conditions is additional evidence that the airplane can do what others can't.
The original four-seat Cherokee had been in production for only three years at Piper's then-new Vero Beach,Florida, factory when the first Cherokee Six was delivered in 1965. The Six fuselage was stretched more thanfour feet compared with the original PA-28 Cherokee, and engine power was increased from 160 to 260 to pullthe heavier load.
Piper, however, added less than three feet to the wingspan of the Six, making the broad constant-chord"Hershey bar" wing look even chunkier. The extended span was mostly at the tips, where the Six had anadditional fuel tank on each side, plus at the standard Cherokee tanks near the wing root.
The four-tank arrangement is one of the few pilot annoyances in the Six because your fuel reserve can end upspread over all four tanks. The only way to concentrate your reserve in one or two tanks is to run the others dry before switching. I can tell you that takes nerves of steel, particularly when flying in the clouds, because it can take an eternity of seconds for the engine to catch again after you switch from the empty tank.
Another fuel system quirk of the Six is a handbook requirement to burn down the inboard tanks first when f lying at higher weigh ts. The reason is to reduce the wing bending moment. With the weight of f uel concentrated at the tips, the load on the wing is spread a little more evenly than if both fuel and fuselage weight are at the wing root. All larger airplanes (#) have zero fuel weights that require all weight above that limit to be fuel, not payload in the cabin. The Six was among the firstlight airplanes to have a fuel weight limit. Many larger airplanes have fuel systems that drain center tanks first, but those systems are usually automated. In the Six,it's up to the pilot to keep track. And the fuel selector is mounted down below the seats on the forward edge of the wing spar where you can't easily see it, so tank switching is done mostly by feel.
Since the beginning the PA-32 family has had a passenger door on the left side of the fuselage in addition to the standard entry door over the wing on the right sidefor access to the pilot seats. The passenger door is aft of the wing's trailing edge, making it one of the easiest of all piston singles to enter and exit.
In a stroke of design foresight that pilots have praised for decades, Piper also put a baggage door on the left side. The baggage door is about half the size of thepassenger door and is hinged at the top, while the passenger door has forward-mounted hinges. But when you open the passenger door and lift the baggage door,there is an immense amount of room to load long and bulky objects. The door arrangement, probably more than any other feature, has made the PA-32 a favorite forcargo haulers and, for obvious reasons, was the No. 1 choice for flying funeral directors before steep insurance requirements stopped them from routinely
transporting the departed.
Many years ago Flying columnist Gordon Baxter wrote about flying funeral directors and their work to comfort the living and hit upon the idea of why, in a flightplan or at the request from controllers, we always say "souls on board," not persons. Most of us had never thought of that before.
The PA-32 cabin is the roomiest of the popular six-seat singles. Most of the series have club-style seating with the center row of seats facing aft, and there is plenty of room for full-size adults to find space for their knees. The cabin is wide enough that there is an option to add a third seating position in the middle row. It's tightfor adults but ideal for adding children to the payload. Most of the airplanes have a storage container or cooler between the middle seats instead of the third beltedposition.
The original Cherokee Six had a six-cylinder 260 hp Lycoming with a fixed-pitch propeller as standard. The fixed-pitch prop produced barely enough thrust to lift theSix off the runway, but the weight savings (#) allowed Piper to claim a useful load greater than the empty weight for the basic model. Few, if any, Sixes flew withthe standard fixed-pitch propeller, which was replaced by the optional constant-speed prop. The engine also has a carburetor, so carb ice is always a threat. By thesecond year of production, the Six was offered with a fuel-injected 300 hp version of the Lycoming 540 engine with a constant-speed prop standard.
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Related Tags: Pistons (/aircraft/pistons) , Single-Engine Piston (/aircraft-types/single-engine-piston) , Piper Aircraft (/aircraft-brands/piper-aircraft) , Cherokee Six (/results/cherokee-six) , PA-32 (/results/pa-32) , used aircraft (/results/used-aircraft)
By Ian McNeilly / Published: Mar 08, 2010
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The Six 300 turned out to be much more popular than the 260 version. The original price (#) difference was $3,000. That doesn't sound like a lot, but it did bumpthe base price from $18,500 for the 260 to $21,500, a significant percentage increase. The Six 260 remained in production until 1978, and surprisingly, the pricedifference between it and the 300 on the used market is about the same as it was when the airplanes were new. Most of the difference in performance is in takeoff and climb, with higher weights amplifying that difference. Both models were approved for 3,400 pounds maximum takeoff weight.
Most of the Cherokee Sixes have 84-gallon fuel capacity. At maximum cruise, the Six 300 on a good day can make 145 knots, and the 260 around five or six knotsless. More typical cruise speeds are around 135 knots true, and the 300 will consume around 15 gph while the 260 burns a gallon or two less. With full fuel the Six isa five-hour airplane with minimal reserve, but four hours is very comfortable.
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62,710,539 Companies53,791,211 Principals
Tweet 296
CLAUDIA ISOM Tweet 296This information is current as of September 5, 2012.
There are 2 individuals that go by the name of Claudia Isom. These individuals collectively are associated with 2 companies.
List of Companies with princ ipals that go by t he name of Claudia Isom:Principal Name: Claudia Isom (Director)Company Name: Honey Creek Lane Farm, Inc.Status: Inactive Filing Date: 02/12/2004Entity Type: Corporation File Number: 290319Filing State: Iowa (IA) Registered Agent: Dale Rickert
Principal Name: Claudia R Isom (Vice President, Secretary)Company Name: Wcat, Inc.Status: Active Filing Date: 04/05/2002Entity Type: Domestic Profit Corporation File Number: P02000037731Filing State: Florida (FL) Registered Agent: Isom A.woodson Jr
Page 1 of 1 (2 Records)
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HONEY CREEK LANE FARM, INC.Information current as of Apr 8, 2012.
707Tweet 296
Company Name: HONEY CREEK LANE FARM, INC. Status: Inactive Filing Date: 02/12/2004Entity Type: Corporation File Number: 290319 Company Age: 9 Years, 8 Months
Registered Agent: Dale Rickert4606 146th AveWapello, IA 52653
Filing State:Qualifying State:
Iowa (IA)N/A
DIRECTOR
Claudia Isom
DIRECTOR
Dale Jamison Rickert
DIRECTOR
Pamela Broeker
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WCAT, INC.Information current as of Jul 6, 2012.
707Tweet 296
Company Name: WCAT, INC. Status: Active Filing Date: 04/05/2002Entity Type: Domestic Profit Corporation File Number: P02000037731 Company Age: 11 Years, 6 Months
Registered Agent: Isom A.woodson Jr 4412 W. Estrella St.Tampa, FL 33629
Filing State:Qualifying State:
Florida (FL)N/A
Principal Address: 4412 W. Estrella St.Tampa, FL 33629
Mailing Address: 4412 W. Estrella St.Tampa, FL 33629
PRESIDENT, TREASURER
Isom A. Woodson Jr 4412 W. Estrella St.Tampa, FL 33629
VICE PRESIDENT, SECRETARY
Isom Claudia R4412 W. Estrella St.Tampa, FL 33629
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September 1, 2013
By NICK MADIGAN
HOMESTEAD, Fla. Even by Florida standards, the arrests of three suburban Miami mayors oncorruption charges within a month were a source of dismay, if not exactly a surprise.
On Wednesday, Steven C. Bateman, 58, the mayor of Homestead, was arrested. He is accused of accepting under-the-table payments from a health care company that sought to build a clinic intown, the state attorneys office for Miami-Dade County said. Mr. Bateman was turned in by City Council members and staff, said employees interviewed Friday at City Hall.
On Aug. 6, Manuel L. Maroo, 41, the mayor of Sweetwater and president of the Florida League of Cities , and Michael A. Pizzi, 51, the Miami Lakes mayor, were picked up along with two lobbyists.The United States attorneys office has accused them of involvement in kickback and bribery schemes concerning federal grants.
Prosecutors said Mr. Maroo had received more than $40,000 in bribes and Mr. Pizzi $6,750. Thedefendants, who were targets of an F.B.I. sting operation, are charged with conspiracy to commitextortion under color of official right and could face 20 years in prison if convicted.
Gov. Rick Scott suspended all three mayors while the criminal cases proceed.
We bought the trifecta, said Carla Miller, the ethics officer for Jacksonville and a former federalprosecutor. Its bad when three mayors get led out in handcuffs. Whats left of the public trust getsground into little pieces.
Not that such situations are unusual in Florida, which led the country in convictions of publicofficials 781 between 2000 and 2010, according to Department of Justice figures.
Florida has become the corruption capital of America, said Dan Krassner, the executive directorof a watchdog group, Integrity Florida , citing statistics going back to 1976 and the significantnumber of public officials arrested this year and last.
Florida, and especially Miami and its environs, has long had a reputation as a place where the oddand the eccentric mix with the furtive and the felonious. Last century, organized crime figuresfrom Chicago and New York set up lucrative gambling, extortion and loan-sharking endeavors inMiami Beach and elsewhere, and beginning in the 1980s, South Floridas economy, culture andreputation were transformed by drug trafficking.
//www.nytimes.com/2013/09/02/us/arrests-of-3-mayors-reinforce-floridas-notoriety-as-a-hothouse-for-corruption.html?_r=0&adxnnl=1&pagewan...
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With so much money sloshing about, it was perhaps inevitable that a parade of officials wouldenrich themselves illicitly at the public trough.
One was Alex Daoud, who in 1985 became the mayor of Miami Beach and six years later wasindicted on 41 counts of bribery. He served 18 months in prison, and has since written a memoir.
Last year in Miami Beach, City Manager Jorge Gonzalez, who was making $273,000 a year andhad been mired in a web of investigations, was forced to step down after seven of his employees were arrested in a federal corruption investigation. His six-figure pension remained intact.
The arrests of the three Miami-Dade mayors followed news in July that the Securities andExchange Commission had charged the City of Miami and one of its former budget directors withsecurities fraud, only a few years after the commission reprimanded the city for similar behavior.In May, a former mayor of Hialeah, Julio Robaina, and his wife, Raiza, were charged with failing toreport income from high-interest loans totaling more than $1 million that they had made under aninformal system involving friends and associates. The Robainas said they were innocent.
In 2011, in the largest municipal recall election in the country, the mayor of Miami-Dade County,Carlos Alvarez, was removed from office after he gave large pay raises to close aides and thenpushed for a significant increase in property taxes.
This year, the State Legislature approved two ethics bills and six that focus on governmenttransparency and accountability the first time in 36 years that state lawmakers had passed ethicslegislation. Mr. Krassner and others think legislators could do more. But many people seemresigned to the prevalence of officials who appear oblivious to ethical boundaries.
They get drunk on power, said Katy Sorenson, who served on the Miami-Dade Board of County Commissioners for 16 years and runs the Good Government Initiative at the University of Miami, which educates elected officials about ethics and related issues.
Theres a certain psychology to some of the people who run for office here they dont think theyre going down the wrong track, but theres a slippery slope, she added. Theres a lack of self-awareness, an immaturity, a brazenness, of feeling like a big shot. So when theyre arrested,theyre very surprised.
The persistence of political malfeasance often involving the stereotypical envelopes stuffed withcash, delivered with knowing nods perplexes those for whom public service is a noble calling.
Maybe its the heat, said Ruth Campbell, 93, a former City Council member here and the curatorof the Historic Homestead Town Hall Museum.
Mrs. Campbell, who has lived in town since 1942, was sadly aware of Floridas reputation as ahaven for corruption. We like to be distinguished, she said, but not like that.
//www.nytimes.com/2013/09/02/us/arrests-of-3-mayors-reinforce-floridas-notoriety-as-a-hothouse-for-corruption.html?_r=0&adxnnl=1&pagewan...
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Prosecutors said Mr. Bateman, among other things, had failed to disclose that the health carecompany, Community Health of South Florida Inc., secretly agreed to pay him $120,000 over a year to lobby on its behalf. By the time he was arrested, he had accepted $3,625, State Attorney Katherine Fernandez Rundle said.
After the mayors arrest, a City Council member, Judy Waldman, told reporters, I have zero
tolerance for people using their public office to make money. Ms. Waldman, who referred to Mr.Bateman only as that individual, said his activities on behalf of Community Health Care of SouthFlorida were just the tip of the iceberg, and encouraged prosecutors to dig deeper.
Mr. Batemans lawyer, Ben Kuehne, told The Associated Press that his client was shocked by hisarrest and had served the community for many years in an honest, dependable manner.
At City Hall on Friday, in a frame that contained photos of city officials, Mr. Batemans likenesshad been concealed behind a paper copy of the citys crest. But a day earlier, a group of hissupporters rallied a couple blocks away, and Mr. Bateman, out on bond, showed up, shook handsand vowed to fight the charges.
//www.nytimes.com/2013/09/02/us/arrests-of-3-mayors-reinforce-floridas-notoriety-as-a-hothouse-for-corruption.html?_r=0&adxnnl=1&pagewan...
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JUDICIAL QUALIFICATIONS COMMISSION MEMBERSOctober 17, 2013
Mr. Ricardo (Rick) Morales, III , CHAIR
President, Morales Construction Co., Inc.The Morales Group6950 Philips Highway, Suite 15Jacksonville, FL 32216
Hon. Kerry I. Evander, VICE-CHAIR Florida Bar ID Number: 302597Fifth District Court of Appeal300 S Beach St.Daytona Beach, Florida 32114-5002
Alan B. Bookman, Esq.Florida Bar ID Number: 154770Emmanuel Sheppard & Condon, P.A.PO Box 1271Pensacola, Florida 32591-1271
Ms. Shirlee P. BowneTallahassee, Florida (retired)
Michelle K. Cummings, Esq.Florida Bar ID Number: 299464
GrayRobinson, P.A.401 E Las Olas Blvd Ste 1850Fort Lauderdale, Florida 33301-4236
Mayanne Downs, Esq.Florida Bar ID Number: 754900GrayRobinson P A301 E Pine St. Fl 14Orlando, Florida 32801-2724
Mr. Harry R. Duncanson, C.P.A.
9704 Waters Meet DriveTallahassee, FL 32312-372
Hon. Thomas B. FreemanFlorida Bar ID Number: 118504Pinellas Co. C J C, Florida
Hon. Krista Marx
Florida Bar ID Number: 511749205 N Dixie Hwy.West Palm Beach, Florida 334014-5222
Steven R. Maxwell, Ed.D.Educator, School District of Lee CountySanibel, Florida
Hon. Michelle T. MorleyFlorida Bar ID Number: 603333Sumter County Courthouse
215 E McCollum Ave.Bushnell, Florida 33513-6120
Hon. Robert MorrisFlorida Bar ID Number: 3084392nd District Court of AppealPO Box 327Lakeland, Florida 33802-0327
Jerome S. Osteryoung, Ph.D.Professor of Finance
FSU, Tallahassee Florida
Hon. James A. RuthFlorida Bar ID Number: 494372Duval County Courthouse501 W Adams St. Rm. 7159Jacksonville, Florida 32202-4603
John G. (Jay) White, III, Esq.Florida Bar ID Number: 389640Richman Greer P.A.
250 S Australian Ave Ste 1504West Palm Beach, Florida 33401-5016
_________________________________
Executive Director, Brooke S. Kennerly
General Counsel, Michael L. Schneider Florida Bar ID Number: 525049
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3
Part 2 - U.S. v. Terry, No. 11-4130, U.S. Sixth Circuit Court of Appeals
A decision February 14, 2013 in U.S. v. Terry, No. 11-4130, U.S. Sixth Circuit is of a
substantial or controlling effect, which I intended to, but did not present with my petition March
18, 2013 due to disability related illness, discussed in Part 3. The petition contained 12 pages,
three pages less than the Rule 33.2(b) limit. I move to submit the three pages now.
U.S. v. Terry affirmed a jury conviction against former Judge Steven J. Terry of several
honest services fraud violations, citing federal anti-corruption statutes, one of which prohibits an
official from accepting things of value in return for official acts. 18 U.S.C. 201(b)(2).
In U.S. v. Terry, the government proved to a jury that Terry accepted from political
benefactor Frank Russo campaign donations, a thing of value, in return for official acts, improper
rulings on summary judgment. An FBI wiretap provided evidence of the crime. The government
proved that the defendant used the mail to carry out a scheme or artifice to defraud another,
18 U.S.C. 1341, of the intangible right of honest services. 18 U.S.C. 1346.
In my case, Respondent Judge Martha J. Cook accepted campaign donations from
Respondent Ryan C. Rodems, and two of my former lawyers, his partners William J. Cook and
Jonathan Alpert, in return for improper rulings on summary judgment, and civil contempt, during
ex parte hearings September 28, 2010 in Gillespie v. Barker, Rodems & Cook, 05-CA-7205.
Hillsborough Deputy Christopher E. Brown, and Major James Livingston, provided evidence the
Respondents falsified the record of the hearing. The Respondents used the mail to carry out their
scheme or artifice to defraud me of the intangible right of honest services. 18 U.S.C. 1346.
I only attended one of three hearings before Judge Cook September 28, 2010. The first
was my spoken motion to disqualify Judge Cook on the basis that she was a Defendant in
Gillespie v. The Thirteenth Judicial Circuit, Florida, et al, 5:10-cv-503, a 1983 civil rights and
From Petition No12-7747, Rule 21Motion to amend,received-SCOTUApril 15, 2013, thdate of dismissal.
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4
disability lawsuit. Judge Cook refused, accused me in open court of feigning disability, and
ordered Deputy Brown to remove me. Caperton v. A.T. Massey Coal Co., Inc. required recusal
because the probability of actual bias on the part of the judge or decisionmaker is too high to be
constitutionally tolerable. The Affidavit of Neil J. Gillespie attests to the above, and appears in
a separate volume appendix. (Also, trial record Doc. 58-2, Exhibit 14, response to show cause).
Judge Cook falsified the record that I elected to leave the hearing, in violation of F.S.
839.13(1) and 837.06. The transcript and errata sheet appear in a separate volume appendix.
Judge Cook proceeded ex parte with the summary judgment hearing, and Mr. Rodems
complied with her instruction to create a record, which false testimony went unchallenged
because no one represented me. Judge Cook then granted summary judgment for Mr. Rodems,
and immediately signed, without reading, a six page order at Mr. Rodems request, one he
prepared in advance. [Appendix 1]. Judge Cook mailed me a conformed copy order in a postage
prepaid envelope bearing her name & address, and mine. [Appendix 2]. See footnote 1.
Next, Judge Cook proceeded ex parte with the civil contempt hearing, again falsified the
record that I elected to leave in violation of F.S. 839.13(1), and found me guilty. Because this
was civil contempt, and not criminal contempt, appointment of counsel was not required under
Gideon v. Wainwright. (The defender was appointed May 27, 2011, but relieved by the court).
Two days later September 30, 2010 Judge Cook signed an improper order holding me in
civil contempt [Appendix 4], filed October 1, 2010. This is the same proposed order that Mr.
Rodems provided by mail2, and instructed Judge Cook to sign, together with postage paid
1 The record shows I established a cause of action for fraud and breach of contract by order January 13, 2006 [Appendix 3], making any subsequent summary judgment improper. May 5,2010 I filed Plaintiffs First Amended Complaint, w/motion, on permission of Judge Barton, butJudge Cook refused to consider the motion and denied ex parte leave to amend even one time.2 Also enclosed was Mr. Rodems notice of voluntary dismissal of a vexatious counterclaim.
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5
envelopes. [Appendix 5]. Judge Cook obeyed Mr. Rodems and signed the order. The Order
Adjudging Plaintiff Neil J. Gillespie In Contempt states at footnote 1:
Prior to this motion being heard, the Court heard Defendants' motion for summary judgment.
During that hearing, Plaintiff Neil J. Gillespie voluntarily left the hearing and did not return.
Fortunately Deputy Brown told his Commander, Major James Livingstion that I did not leave the
hearing voluntarily, and that I was ordered removed by Judge Cook. Major Livingstion
in turn provided me a letter dated January 12, 2011 describing what happened. Appendix B.
Judicial elections in Florida are different than those of other elected officials, and as
described in Terry. Judicial elections are nonpartisan. Only qualified lawyers can run for judicial
office, putting judicial races in a unique category. Within the pool of lawyers qualified to seek
judicial office, there is pressure not to oppose a sitting judge. Lucy Morgan of the Tampa Bay
Times wrote May 2, 2008, Unopposed judges quietly keep their seats : [Appendix 8].
...Few incumbents have lost since Florida began electing judges in nonpartisan races inthe 1970s, but the early qualifying date lets even more avoid opposition, according to areview of election results over the past 12 years. Judges frequently escape opposition
because only lawyers can run for the jobs, and few lawyers are willing to risk angering a
judge before whom they must appear. In recent years few incumbent circuit judges havefaced opposition, and only five have been defeated...
...For the qualifying that closed Friday, there were 283 circuit judge positions statewide.Twenty-three of those are open seats and will be contested. Of the 260 remaining seats,only eight will be contested. The other 252 won unopposed...Supreme Court and DistrictCourt justices run under a merit retention system. No judge has been denied another termsince the merit retention system was adopted in the 1970s...
As in Terry, Judge Cooks collaboration came relatively cheap, $300 in her initial 2002 bid. See
Appendix 9 for the donation records of Messrs. Rodems, Cook, and Alpert - $100 each. An
honest services fraud agreement need not spell out which payments control which act, just that
Judge Cook was expected to act favorably to the donor as opportunities arose. Terry at p. 6.
Unfortunately, Judge Cook acted like Mr. Rodems marionette. Terry at p. 11.
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 13a0040p.06
UNITED STATES COURT OF APPEALSFOR THE SIXTH CIRCUIT
_________________
U NITED STATES OF AMERICA , Plaintiff-Appellee ,
v.
STEVEN J. TERRY , Defendant-Appellant.
>
No. 11-4130
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland. No. 1:10-cr-390-1Sara E. Lioi, District Judge.
Argued: October 10, 2012
Decided and Filed: February 14, 2013
Before: SUTTON, GRIFFIN and WHITE, Circuit Judges.
_________________
COUNSEL
ARGUED: Sylvester Summers, Jr., SYLVESTER SUMMERS, JR., CO., LPA,Cleveland, Ohio, for Appellant. Daniel R. Ranke, UNITED STATES ATTORNEYSOFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Sylvester Summers, Jr.,SYLVESTER SUMMERS, JR., CO., LPA, Cleveland, Ohio, for Appellant. Daniel R.Ranke, UNITED STATES ATTORNEYS OFFICE, Cleveland, Ohio, for Appellee.
_________________
OPINION
_________________
SUTTON, Circuit Judge. If you cant eat [lobbyists] food, drink their
booze, . . . take their money and then vote against them, youve got no business being
[in politics], said Jesse Unruh, a one-time Speaker of the California General Assembly,
in the 1960s. Bill Boyarsky, Big Daddy: Jesse Unruh and the Art of Power Politics 112
(2007). That is one way of looking at it. Another way of looking at it comes courtesy
of the federal anti-corruption statutes, one of which prohibits an official from accepting
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No. 11-4130 United States v. Terry Page 2
things of value in return for official acts. 18 U.S.C. 201(b)(2). A jury found that a
state court judge did just that and convicted him of several honest services fraud
violations. We affirm.
I.
In April 2007, Governor Ted Strickland appointed Steven Terry to fill a vacancy
on the Cuyahoga County Court of Common Pleas. Soon after, Terry announced that he
intended to seek reelection to retain the seat the following November. Having never run
for elected office before, Terry sought the help of County Auditor Frank Russo, a
presence in Cleveland politics. Russo agreed to help Terry with his reelection campaign
and indeed had already helped him by recommending Terry to the Governor for the
appointment and by lobbying members of the local judicial nominating committee to
support him.
Terry knew that Russo was helping him behind the scenes. What Terry did not
know was that the FBI was investigating Russo on corruption charges and that federal
agents had tapped Russos phones. On July 15, 2008, Russo had a phone conversation
with a local attorney, Joe OMalley, about two foreclosure cases on Terrys docket.
OMalley represented several homeowners in a lawsuit against American Home Bank,
and he asked Russo to convince Terry to deny the banks motions for summary
judgment. Russo promised to call Terry and make sure Terry did what he was
supposed to do with the cases. Govt Ex. 116; 2 Trial Tr. 294.
Two days later, Russo and Terry spoke on the phone. Russo told Terry to deny
the motions for summary judgment, and Terry said he would. In the same conversation,
the two men also discussed Russos attendance at future fundraisers for Terrysreelection campaign.
That same day, Terry contacted the magistrate judge responsible for the
foreclosure cases and told her to deny the motions for summary judgment. Surprised by
Terrys directive, the magistrate passed along the docket so that Terry could deny the
motions himself. Terry did just that, even though he never reviewed the case files, never
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No. 11-4130 United States v. Terry Page 3
read the motions before denying them and never obtained a recommendation from the
magistrate or anyone else (within the court system) about how to rule on the motions.
Terrys collaboration came relatively cheap. Russos political action committee
donated $500 to Terrys reelection campaign in July 2007. Russos committee
purchased around $700 worth of stationery, envelopes and car magnets for Terrys
campaign in July 2007. And Russo had his official staff work for Terrys campaign
during business hours and provided other political help throughout the relevant time
period. In exchange for this assistance, Russo explained that he expected Terry to
answer the phone any time I called. And any time I called with a recommendation, or
a problem, or a case, I would expect Steve to give it special attention and followthrough for me. 2 Trial Tr. 290. Russo in other words expected that his political and
financial patronage meant Terry would do what I asked him to do, including granting
[] a motion so it wouldnt tie [a] case up. Id . For his part in this and like-minded
arrangements with other Cleveland-area officials, Russo pled guilty to twenty-one
political corruption counts of one form or another and received a 262-month prison
sentence.
For his part, Terry ran into similar problems. A grand jury indicted him on five
political corruption charges. Count One alleged that Terry conspired with Russo to