FILED. WHEREAS, as a result of EVANGELINE JACKSON S disruptive behavior and filing

Transcription

1 Doc # , OR BK Page 2475, Number Pages: 9, Recorded 08/05/ :18 AM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00 FILED AU IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL, CLAY AND NASSAU COUNTIES, FLORIDA I'l.ERK cme couar ADMINISTRATIVE ORDER NO IN RE: EVANGELINE JACKSON VEXATIOUS LITIGANT WHEREAS, as a result of EVANGELINE JACKSON S disruptive behavior and filing an excessive number of Petitions for temporary injunctive relief in the Duval County Court and the Clay County Court, the Court enters this Prefiling Order pursuant to the Florida Vexatious Litigant Law, under section , Florida Statutes, as well as Florida case law that precedes such statute, to preclude further filing pro se; WHEREAS, EVANGELINE JACKSON (Ms. Jackson) filed at least sixty-four (64) petitions within the past two (2) weeks, has indicated her intention to file more, and, therefore, meets the criteria for a vexatious litigant pursuant to section (2)(d)1, Florida Statutes, so that her filing privileges must be restricted; WHEREAS, Ms. Jackson worked as a Clerk at the Clerk s Office in Duval County, Florida, until Friday, July 29, 2016, when she was separated from employment; WHEREAS, on July 19, 2016, a letter was sent regarding employment separation and on July 19th, July 22nd, July 24th, and July 27th, 2016, EVANGELINE JACKSON filed a total of fifty (50) Petitions for Temporary Injunctive Relief in the Duiwal County Courthouse, Domestic Violence Clerk s Office (DV Office). On July 28, 2016, August 2, 2016, and August 4, 2016, Ms. Jackson filed an additional fifteen 1151 Petitions for Temporary Injunctive Relief in the Clay County Clerk s Office, amounting to a total of at least sixty four (64) Petitions filed in the Fourth Judicial Circuit within two weeks; WHEREAS, in Duval County, the fifty (50) Petitions for Injunction filed by Ms. Jackson are based on Repeat Violence; WHEREAS, in Clay County, some of the fifteen (15) Petitions filed by Ms. Jackson are based on Stalking and some are based on Sexual Violence;

2 OR BK PAGE 2476 WHEREAS, many of these Petitions are facially insufficient because Ms. Jackson obviously lacks the statutorily required intimate relationship with many of the Respondents; WHEREAS, the Respondents named in Ms. Jackson s Petitions for Temporary Injunctive Relief include, among others, Oprah Winfrey, a former Mayor, the Pittsburgh Steelers owner (adding Ms. Jackson is interest[sic] in buying the team ), the Executive Office of Family Dollar Store, the Ramona Flea Market, a fgnllce Circuit Judge (alleging rape and abuse on my body ), a State Attomey, attorneys, a Tax Collector, Court employees, and even a Bishop of a church [that has] 144 churches Stealing money & Raping Adults and children All over the world ; WHEREAS, all sixty-four (64) Petitions for Temporary Injunctive Relief have been denied; WHEREAS, in Duval County, the Orders denying the Petitions against Repeat Violence were based on the Court s finding that Petitioner failed to allege that Respondent has committed any acts of violence against Petitioner. Some Orders entered in Duval were based on the finding that she failed to sign her Petition and failed to complete a mandatory portion of the Petition. In Clay County, most Orders denying the Petitions included the following language: Information contained in the petition is insufficient for injunction and the allegations of the petition are nonsensical. The Court also judicially notices that the petitioner has simultaneously filed numerous other similar petitions, including, among others, [against] State Attomey Angela Corey and Former Mayor John Payton, Clerk of Court Ronnie Fussell, Oprah Winfrey, and Duval County Tax Collector Michael Corrigan. Petitioner is a former employee of the Duval County Clerk of Court who was terminated from her employment. The Court concludes that said termination appears to be motivation for the filing of the numerous petitions. Other orders in Clay County included additional language that the allegations of the petition are nonsensical, to the extent they even superficially state a claim for injunctive relief, are fantastical, outre [sic] statements that the Court has determined as matter of law are counterfactual; WHEREAS, on July 22, 2016, Lt. Bowen was summoned to the DV Office to address Ms. Jackson. Lt. Bowen reports that Ms. Jackson insisted she had pictures and proof that personnel from the Clerk s Office stole money from her. He also reports that she talked about 2

3 OR BK PAGE 2477 getting a pick-up order to return her children to her (although her children are adults). Although Ms. Jackson agreed to return to the Courthouse on Monday, July 25, 2016, with her proof and evidence of the stolen money, she did not return until Thursday, July 28, Because Lt. Bowen was out, she was instructed to retum on Tuesday, August 2, She failed to return on August 2, 2016; WHEREAS, on Thursday, July 28, 2016, the same day Ms. Jackson was at the Duval County Courthouse, she also appeared at the Clay County Courthouse to file six (6) of the fifteen (15) Petitions for Temporary Injunction. She has returned twice to file additional Petitions since that date; WHEREAS, upon returning to the Clay County Courthouse on August 4, 2016, Ms. Jackson had received Orders denying some of her Clay County Petitions and appeared agitated with the Court personnel. She wanted to know the identity of the Judge who had denied her Petitions, and said she would file a complaint against him because he does not know how to do his job; WHEREAS, Ms. Jackson also asked what Judge would handle the Petitions that were still pending, and stated at the Clerk s Office that she would retum the next day, re-file all of the Petitions that were denied, and attach a letter for the new Judge, outlining how to do his job so he will not deny any more Injunctions; WHEREAS, with the Clerk s assistance from 8:30 a.m. to 12:30 p.m. on August 4, 2016, Ms. Jackson completed an additional Petition for Temporary Injunction with 100 pages attached, against the Family Dollar Store c/o Howard Levine Executive Officer, based on Stalking. More specifically, in describing any other court case in the Petition, Ms. Jackson wrote: I don t know if Family dollar had Already paid me Restitution or not. I ve been through a lot. I had some dental work done (All teeth removed and Dr. Imry & Staff put some type of Electrical System in my mouth. I believe it was some type of camera with wires under my gums. The Duval County Courthouse, Agreed to pay off Dr. Imry to have Me Murdered. Under specific incidents of stalking in the Petition, Ms. Jackson refers to the Duval County Clerk of Court, and alleges, they hired Dr. Imry to kill me and to steal from me in these stores every time I went into Family Dollar they would steal money out of my Bank account, and split payment up with their employees... 3

4 OR BK PAGE 2478 WHEREAS, after the Clerk s personnel spent a half day with Ms. Jackson, copied approximately 100 pages for her, and listened to her complaints about the denial of her Petitions, Ms. Jackson left, stating she would return the next day to file more, and they should prepare to spend the entire day with her; WHEREAS, Ms. Jackson s behavior and agitated demeanor caused security to become involved and to consume its time and resources to monitor the situation; WHEREAS, Ms. Jackson is intimidating the Clerk staff and taxing its scarce resources, and there appears to be no end in sight; WHEREAS, within two weeks, Ms. J ackson s excessive filing practices has expended substantial time of six (6) Judges and their Judicial Assistants, as well as Clerks, and security, all of which are scarce, precious judicial resources, which amounts to a serious abuse of her filing privileges and for which case law has provided sanctions, as follows: Expending Precious Resources and Florida Law The Office of the Clerk and its persomiel exist to serve the public. Ms. Jackson is abusing that service and taxing its precious scarce resources for her personal gain at the expense of others. Typically, petitioners come to the Domestic Violence (DV) Office to file one petition. Occasionally, petitioners may file up to three petitions. The DV Office personnel has not previously experienced such excessive filing amounting to a total of at least sixty four (64) Petitions. Processing countless Petitions has been placing a substantial burden on the judiciary, including the Clerks, Judges, Judicial Assistants, and security both in Duval County and in Clay County. All sixty-four (64) Petitions were denied by the Court upon full and careful consideration. All filings were facially insufficient, without legal grounds, and frivolous. She has overburdened the Court s limited manpower, time, and resources and interfered with the nonnal procedures of the efficient and effective administration of the cou1t s services at the taxpayers expense and at the expense of those who need to have their legitimate domestic violence petitions processed and considered expeditiously by judges. As mentioned by the Florida Supreme Court while determining that petitioner should be barred from filing further 4

5 OR BK PAGE 2479 pro se pleadings with the court, failure to impose sanctions will handicap the Court s ability to timely review many other petitions filed [by those who] have not abused the system. Dig 903 So. 2d 886, 888 (Fla. 2005). The court in Qav, instructed the clerk to reject filing any further pleadings in order to preserve the dignity of the judicial system, and to prevent the waste of Qrecious judicial resources. Ld_. (emphasis added). The supreme court also noted it was clear that thirty-eight (3 8) cases between 1989 and 2005 was excessive filing, which qualified the litigant as abusive. Ms. Jackson has filed even more than the litigant in Day by filing at least sixty four (64) cases in the past two weeks. This Court recognizes the fundamental constitutional and statutory rights which require that courts be open to all persons and that individuals have the right to represent themselves. Art. I, 21, Fla. Const. Restrictions apply, however, where the filing privilege is abused. Section , Florida Statutes, provides restrictions on a vexatious litigant. Ms. Jackson would meet the criteria of being a vexatious litigant for commencing in the immediately preceding 5-year period... five or more civil actions that were finally and adversely determined against her for some of the Petitions for Temporary Injunction that qualify as new actions under Florida Statute (2)(a). Where section , Florida Statutes, applies, the Court may enter a prefiling order to prohibit vexatious litigants from commencing, pro se, any new action in the courts without first obtaining leave of court and upon a showing that the proposed action is meritorious and not being filed for the purpose of delay or harassment (b), Fla. Stat. Should this statute apply, this Court finds that the Petitions that have been filed to this date, are not meritorious and appear to be filed by Ms. Jackson for the purpose of harassment. Where a vexatious litigant continues to file, section allows the Court to condition future filing of a proposed action on the fumishing of security (including attorneys fees, costs, and expenses for the defense). Any disobedience of the Court s Order may be punished by contempt of Court (b), Fla. Stat. giztll May v. Barthet, 2004 WL (Fla.Cir.Ct.), July 15, Nevertheless, regardless of whether section , Florida Statutes, applies to restrict excessive filing of frivolous domestic violence injunctions, the right to file pro se is generally 5

6 OR BK PAGE 2480 subject to restrictions where a litigant, in a series of cases, petitions, or claims, has interfered with the normal procedures of the Court by filing excessive claims. Martin v. State, 747 So. 2d 386 (Fla. 2000); Rivera.v State, 740 So. 2d 584 (lst DCA 1999); Attwood v. Eighth Circuit, 667 So. 2d 356 (Fla. lst DCA 1995); Lowery v. Kaplan, 650 So. 2d 114 (Fla. 4th DCA 1995) (held that litigant was precluded from right to litigate pro se after filing twenty-eight frivolous petitions within three years); Peterson v. State, 530 So. 2d 425 (Fla. 1stDCA 1988), rev. denied, 531 So. 2d 1354 (Fla. 1988). In summary, Ms. J ackson s conduct constitutes an abuse of the pro se right of access to the court system so as to substantially interfere with the effective administration of justice. It is, therefore, this Court s dltg to prevent further claims recorded or filed for the sake of the efficient and effective administration of justice and all others using the court system for legitimate claims. WHEREAS, Ms. Jackson has intentionally and unduly disrupted the proper and efficient administration of justice in this Circuit through excessively filing frivolous claims and abusing the Court s procedures. In light of this conduct, this Court deems the instant prefiling Administrative Order as necessary to prevent any further abuse; WHEREAS, time is of the essence as Ms. Jackson continues to file numerous Petitions for Temporary Injunction every few days and expressed an intent to return and stay for a full day in the Clerk s Office, and file more; WHEREAS, pursuant to Rule 2.215, Florida Judicial Administration Rules, when the office of the Chief Judge is temporarily vacant..., the duties of court administration shall be performed by the circuit judge having the longest continuous service as a judge...; NOW THEREFORE, by the authority vested in me as the Circuit Judge having the longest continuous service and acting on behalf of the Chief Judge of the Fourth Judicial Circuit during his temporary absence and pursuant to the Florida Rules of Judicial Administration, it is hereby ORDERED: In the exercise of this Court s inherent power and responsibility to control court procedure and prevent abuse and interference with the effective and efficient administration of 6

7 OR BK PAGE 2481 justice, this Court enters this Order providing that: A. Effective immediately, EVANGELINE JACKSON will be permitted access into the Duval County, Clay County, and Nassau County Courthouses and Annexes only on Friday mornings and for a duration of not longer than two (2) hours, provided the Courthouse is open for business, and provided she has given a forty-eight (48) hour advance notice on the Wednesday_pri0r to the Friday morning, so that appropriate arrangements may be prepared to make sure that she is escorted by any of the Courthouse security officers. B. Effective immediately, EVANGELINE JACKSON will be prohibited from gaining access into the Duval County, Clay County, and Nassau County Courthouses and Al1l'1 X8S any other day of the week, unless the Court requires her attendance, in which case she must provide a forty-eight (48) hour advance notice to arrange to be escorted by a security officer and provide the officer with proof or confirmation that she is required by the Court to attend a certain court proceeding. C. Should EVANGELINE JACKSON s actions cause any disruption whatsoever in the Clerk s or DV Office, she will be escorted out immediately and precluded from returning for the rest of that day. D. Effective immediately, EVANGELINE JACKSON shall be prohibited from appearing Qro se (without counsel) in all pending and future civil claims, liens, actions, petitions or recordings in any division of any Circuit or County Court in this Fourth Judicial Circuit. E. Effective immediately, EVANGELINE JACKSON s pending claims, actions, petitions, and cases in which she is a plaintiff or petitioner shall be voided. denied. and dismissed, and she shall be barred from filing further pleadings, claims. _petitions, notices. or any other types of cases with the Clerk of Court, unless she causes counsel (a member of the Florida Bar in good standing) to file and serve a notice of appearance of counsel within twenty (20) days in any of the pending claims; furthermore, Ms. Jackson shall have such counsel sign all of her pleadings, claims, petitions, notices, etc. and appear on her behalf in all of her pending cases recorded or filed in the Fourth Judicial Circuit. 7

8 OR BK PAGE 2482 F. Effective immediately, any court/hearing dates that have been scheduled in any of EVANGELINE JACKSON s pending claims. actions._petitions. and cases in which she is a plaintiff or petitioner shall be cancelled. G. Effective immediately, EVAN GELINE JACKSON shall be prohibited from filing or recording any new papers,_petitions or actions in the Fourth Judicial Circuit (Duval, Clay or Nassau) unless (a) they are legitimate; (b) accompanied by the appropriate recording or filing fee; and (c) recorded or filed Qnil signed by counsel (a member of the Florida Bar in good standing). H. Pursuant to section , Florida Statutes, unless the Court deems a new case, petition or action is g for purposes of harassment or delay, EVAN GELINE JACKSON shall be prohibited from commencing any further actions pro se and she shall be denied recording or filing by the Clerk of Court. l I. Pursuant to section , any disobedience of the Cou1t s Order may be punished by contempt of Court by the administrative judge (b), Fla. Stat.; seiadgg May v. Barthet, 2004 WL (Fla.Cir.Ct.), July 15, J. The Clerk of Court shall provide a copy of this prefiling Order to the Clerk of the Florida Supreme Court pursuant to section (b), Florida Statutes. K. This Administrative Order No (preflling Order) shall be recorded by the Clerk of the Court, in the Official Records of _Dui\nal County, in the State of Florida, and shall take effect immediately and remain in full force and effect unless and until otherwise ordered by the Court. DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this _ dayof /Ar»/-,2016. JOHl\I Circuit KINNER urt Judge (Signed pursuant to Rule 2.2] 5(c)(4), Fla. Jud. Admin. on behalf of Mark H. Mahon, Chief Judge) 8

9 OR BK PAGE 2483 cc. Ms. Evangeline Jackson, pro se All Judges in the Fourth Judicial Circuit The Honorable Robert M. Foster, Administrative Judge, Nassau County The Honorable John H. Skinner, Administrative Judge, Clay County All Magistrates in the Fourth Judicial Circuit The Honorable ROI1I1l Fussell, Clerk of the Circuit Court, Duval County The Honorable Tara S. Green, Clerk of the Circuit Court, Clay County The Honorable John A. Crawford, Clerk of the Circuit Court, Nassau County The Honorable Matthew A. Shirk, Esq., Public Defender The Honorable Angela B. Corey, Esq., State Attorney The Honorable Mike Williams, Sheriff, Jacksonville Sheriff s Office The Honorable Rick Beseler, Sheriff, Clay County The Honorable Bill Leeper, Sheriff, Nassau County Major Steve Weintraub, J SO - Courthouse Security Manager Lt. Mel Gaden, Clay County Courthouse Security Margaret Jones, Office of the Clerk of Court, Clay County Carla Colson, Office of the Clerk of Court, Nassau County Jason R. Gabriel, Esq., General Counsel Joseph G. Stelma, Jr., Fourth Judicial Circuit Trial Court Administrator Eve Janocko, Chief Deputy Court Administrator Caroline C. Emery, Esq., Court Counsel Charles Bishop, Family Court Manager, Fourth Circuit James Gardner, Director of Alternative Dispute Resolutions Jim Kowalski, Esq., Executive Director JALA The Jacksonville Bar Association Nassau County Bar Association Clay County Bar Association Fourth Judicial Circuit Court Law Library, Duval County Judicial Staff Attorneys, Fourth Judicial Circuit 9