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The Node Ledger: one institution's decision points

The Florida Bar

Between July 4 and July 11, 2026, Husband, a dues-paying member, asked The Florida Bar four times who pays the law firm it hired against him. The answer was a price: $101.09.

How every card reads. Each card follows five steps, LIVED.

L, the law: the constitution first, then statute, then rule, with the presumption and who carries the burden.

I, the facts that decide it: facts that require the result on their own.

V, the record: the institution’s own documents, certified transcripts, and arithmetic. Disputes are noted openly. Where someone was shown a claim and did not answer, the card records silence, never a finding.

E, what happened: the institution’s acts, by date.

D, the gap: the distance between what L, I and V required and what E delivered.

The Start here entries tell the same five steps as a story: the gap as the headline, then what happened by date, each line linked to the cards it comes from, then the rule that governed it, then whose interest the result served.

What the law required is the legally expected output: for a records request, the records or a written basis for withholding them; for a motion, a ruling; for a disqualification, a neutral judge. A card where that output arrived and held shows alignment; where it did not, a divergence. A disqualification that changes the judge is the rule applied; the realignment it exists to produce happens only if the successor brings the case back in line with the law. Where the requests the movant had pending at the disqualification are still pending under the successor, the realignment has not happened, and the card records a divergence. The cards record effects and assert no one’s motive. They hold the disputes that grew out of one divorce, a record of those disputes and never a sample of everything these institutions did.

L. "If you have the record, it must be produced even if it could have been disposed of under your retention schedule." The Bar’s Deputy General Counsel teaches that rule. Article I, section 24 presumes the Bar’s records open and puts the burden of any withholding on the custodian (N-116).

I. Husband requested a closed grievance file on November 10, 2025, and sued for it on December 17, 2025. The trial court dismissed the suit in February 2026, and he appealed. On June 5, 2026, while that appeal was pending, Deputy General Counsel Rick Courtemanche wrote that the file had been disposed of (N-116).

V. The letter: the records "have been disposed of pursuant to judicial branch and bar records retention schedule and are no longer available." It names no disposal date, no schedule provision, and no one who authorized it (N-116).

E. The Bar reported the file gone during the appeal over it. A month later, asked who funds its outside counsel, it sent a bill for $101.09 and, as of August 10, 2026, had not said who pays (N-129).

D. The official who teaches that a schedule permits disposal reported the file gone during the appeal over it, and his letter states none of the three facts a custodian states when a record is gone: when, under what provision, and on whose authority. The same office answered a member’s funding question with a price (N-129).

25decision points
17did not end in the expected output
4still pending, no output yet
0aligned and enforced
  • DENIED6the expected output was refused
  • IGNORED7no ruling ever came
  • PENDING4not yet decided; still live
  • ONLY-FOR-A-PRICE3the records or the answer were offered only for a price
  • REFUSED1Husband's own counsel refused to act
  • PARTIAL4part of the expected output issued

4 of the 25 were partly aligned: part of the expected output issued. They are counted in neither the first cell nor the aligned cell.

Of the 21 no longer pending, none ended with the full legally expected output enforced. That is a count, not an estimate.

Each class is glossed above in terms of the legally expected output. The ledger's own definitions are on the full ledger page.

Take any card on this page: identify a false statement, or show that the decision matched what the facts required, and the card changes.

That request stands to anyone reading this. The allegations collected in this ledger have been put in writing, more than once, to the institutions with authority to examine them, and no false statement has been identified in response. Every card carries its receipt, so a wrong card can be shown wrong from the same records.

25 decision points, in order

Select any row to open its full card, with the receipt. The Spawned by line names the earlier decision point this one grew out of, and it is a link. Cards listed on more than one institution page say so on their face.

N-0312025-02-24Florida BarA sworn 25-page complaint about Wife's lawyer closed in six days; the lawyer was not asked to respond.DENIED
D.E.V.I.L. misalignment analysis: Deviation · Expected output · Verified facts and law · Independent encounter · Law
D
Deviation

The Bar closed a sworn complaint against Wife's lawyer in six days without investigating, ignored seventeen emails offering evidence during its review, never answered yes or no to four written questions about its contacts with him, and destroyed records of its handling of the complaint after Husband sued to get them, naming no date, provision, or authority.

E
Expected output

Rule 3-7.3(b) required bar counsel to investigate Husband's sworn complaint, and investigation starts with asking Davis to respond. Asked four times whether the Bar ever communicated with Davis about it, the Bar answers yes or no. Records sought in a pending records lawsuit are preserved. The Florida Bar knows better than to destroy records sought in litigation. Its own Deputy General Counsel taught the rule: "If you have the record, it must be produced even if it could have been disposed of under your retention schedule."

V
Verified facts and law
  • Feb. 24, 2025: closed six days after filing. Davis was never asked to respond. The Bar's own brief: the file "was closed without further investigation." N-031, N-126
  • Feb. 24 to Oct. 10, 2025: Husband sent seventeen emails offering documentation and asking to engage. The Bar replied with three status formulas. He asked, "Is there a rule against speaking with me?" No one answered. Sept. 24, 2025: "Further correspondence from you regarding this matter will be placed in the file without response." NEW-P6, N-055
  • Nov. 10, 2025 to Feb. 9, 2026: asked four times in writing whether the Bar ever communicated with Davis about the complaint. The answers: "[Y]ou have been provided the entire public record." "Such records were not provided because they do not exist." "there are no comms with Mr. Davis at all withheld from public record production." N-077
    Why have the Florida Bar and its counsel at Greenberg Traurig refused to answer a simple question about these records, despite a records lawsuit in Leon County and an appeal still pending in the First District Court of Appeal?
    Read them: Courtemanche email chain, Nov. 10 to Dec. 1, 2025 (link pending redacted copy) · Londot email, Feb. 9, 2026 (link pending redacted copy)
  • Sept. 24, 2025 to June 5, 2026: the Bar's Director of Intake: the review "included investigation by a Senior Staff Attorney." May 22, 2026, its counsel to the family court: "the Bar did not act on his complaint." June 5, 2026: the records "have been disposed of pursuant to judicial branch and bar records retention schedule and are no longer available." Husband had sued for them on Dec. 17, 2025, and appeal 1D2026-0728 was pending when the letter was written. It names no date, no provision, and no one who authorized it. N-055, N-105, N-116
I
Independent encounter

Bar Counsel Allie F. Huston (closure). Deputy General Counsel Rick Courtemanche (replies; disposal letter). John Londot, Greenberg Traurig, counsel for the Bar (court filing; Feb. 9 email). One sworn complaint, one set of written questions, one file. Every duty here arises from the Bar's own rules on this file alone; no other card is needed to establish it.

L
Law: the authority that creates the duty

Art. V, s. 15, Fla. Const. vests attorney discipline in the Supreme Court. Rule 3-7.3(b): bar counsel "must investigate" a sworn complaint. Rule 3-7.1(b): correspondence "furnished to, served on, or received from the respondent" is public record. Art. I, s. 24(a) presumes records open and puts the burden on the custodian.

The details are where it lives: full record, receipts, related cards
Date
2025-02-24
Actor
Allie Huston
Institution
The Florida Bar (RFA 25-6861)
Mechanism
the regulator closed a 25-page written complaint against Wife's lawyer in six days without ever asking him to answer it, and told the complaining lawyer to come back once a court made the finding that court has since refused to make
What the law required
Article V, section 15 of the Florida Constitution vests attorney discipline in the Supreme Court, which acts through the Rules Regulating The Florida Bar. Rule 3-7.3(b): bar counsel 'must investigate the allegations contained in any written complaint that is signed under oath as provided in this rule,' and 3-7.3(d) permits dismissal only 'after complete investigation.' The complaint was signed under penalties of perjury on the Bar's own form, so the duty attached on receipt; the burden of investigating sits on bar counsel, and the complainant's only burden was the sworn complaint he filed.
What happened
Husband signed a 25-page written complaint against Wife's counsel Scott Davis on February 18, 2025. Six calendar days later, Bar Counsel Allie F. Huston closed it: "The matters upon which your allegations are premised present questions of law and involve a dispute over which a court has jurisdiction." No response cycle began; Davis was never asked to respond. The letter disclosed no review process, no timeframe, and no reconsideration path, and started a one-year clock on the file's destruction. Every Bar decisional letter to Husband on this file came by U.S. mail with no email address, while the same bar counsel answered him by email three times on status alone, deciding nothing (NEW-P6). On files where Husband was respondent or complainant elsewhere, the Bar emailed him; he asked why this file alone came by mail, and no answer is in the record. [DENIED: closed without a response cycle]
Baseline deviation
Bar counsel 'must investigate' a sworn written complaint and may dismiss only 'after complete investigation.' Husband's 25-page complaint was signed under penalties of perjury on the Bar's own form. Six days later it was closed with no question put to Davis and no rule named; the letter offered resubmission only if a court first made a supporting finding. The presiding judge had said she does not discipline lawyers and declined to question Davis (N-046); her successor has refused to make findings six times (N-091).
Receipt
  • Huston closure letter 2/24/25, RFA 25-6861, at 1150 Doc 200 p. 29 of 42, filed by Davis himself 6/4/25, Filing #224549972; also at Leon ROA p. 103.
  • The complaint signed 2/18/25; Exhibit A is the 2/12/25 Chief Judge letter, Exhibit B is Wife's 12/13/24 motion for a psychological examination, Filing #212815329, incomplete in the filed copy.
  • The grammatical subject of the quoted sentence is "The matters upon which your allegations are premised," never "the allegations".
  • Rule 3-7.3(b) is quoted in full from the current rule (June 30, 2026 / July 1, 2026 edition); Rules 3-7.3(a), (c) and (d) are read in the same June 30, 2026 edition (print pp. 115-117).
  • The 15-day and 10-day windows come from the Bar's public ACAP process page, which is NOT yet captured and filed as a record.
  • Six calendar days and four business days both computed from 2/18/25 to 2/24/25; the federal complaint's "six business days" at paras. 2 and 49 is wrong and four is both accurate and stronger.
  • Husband's quoted question is at p. 2 of his 6/10/26 6:58 AM email to Bar leadership re the Davis grievance and conflicts, as sent; that email's text layer is ciphered. The document itself does not show a delivery failure (N-124).
  • Good-standing certificate: Cynthia B. Jackson, CFO, 8/7/26, CTM-428037.
  • The 12/19/24 pre-affirmation of Davis by the same court sits at N-018.
  • Court-side receipts for the locked exit: N-046 (4/22/25), N-091 (4/17/26 Tr. 181).
  • Husband's own standing: admitted 9/28/2007, active, in good standing, 10-Year Discipline History: None. The only Bar complaint ever filed against him came nine months later, from the judge who had been disqualified from this case (N-032, N-064).
  • Related decision points: N-121.

Spawned by: N-011, N-018

This decision point also appears on: the full ledger.

N-0322025-02-24 -> ongoingFlorida Barone family-law docket, two opposite answers from the same regulator: the reason it would not examine the opposing lawyer, and the source of the material it examined when the complaining lawyer was the one accusedDENIED
Date
2025-02-24 -> ongoing
Actor
The Florida Bar (Allie F. Huston; Christopher Stephen Wackes; Jason R. Kelley)
Institution
The Florida Bar (RFA 25-6861; RFA 26-13570; File 2026-10,395(13F))
Mechanism
one family-law docket, two opposite answers from the same regulator: the reason it would not examine the opposing lawyer, and the source of the material it examined when the complaining lawyer was the one accused
What the law required
R. Regulating Fla. Bar 3-7.3(b): bar counsel 'must investigate the allegations contained in any written complaint that is signed under oath.' A declination under 3-7.3(a) requires a determination that the facts, if proven, would not constitute a violation warranting discipline; neither closure letter makes one, and neither cites a rule for deferring to the court. Rule 3-7.4(e) bars deferring an investigation for civil litigation without a designated reviewer's approval, and that approval is the Bar's to produce. One rule governs intake whether the lawyer accused is opposing counsel or the complainant.
What happened
Both of Husband's grievances against Wife's counsel closed at intake on the same ground, in near-identical words, sixteen months apart: six days for one, twenty-three for the other, finding only that the allegations "involve a dispute over which a court has jurisdiction." Neither reached the merits. A third file ran opposite: Judge Ayers, disqualified 4/28/25, filed a complaint against Husband on 11/24/25. Bar Counsel Jason Kelley referred it, describing its scope: "You have an extensive social media footprint I have had to go through, as well as your filings and documents in your family law case." As of 8/10/26 that file had been open 259 days, with no statement identified as false. The complaint against Husband concerns public statements about a judge, yet the material reviewed included the family-law filings. [DENIED]
Baseline deviation
Rule 3-7.4(e) bars deferring an investigation for civil litigation without a reviewer's approval. Deferral is therefore an approved exception, not a default, and the approval is the Bar's to produce. The Bar's counsel described a deferral policy in open court: the Bar defers to the presiding judge because discipline "can happen there." But the judges declined on the record to examine that same conduct and expressly left it to the Bar (N-046), so the policy is circular in practice.
Receipt
  • Huston letter 2/24/25 (RFA 25-6861) and Wackes letter 6/16/26 (RFA 26-13570) pp. 1-2; the Della-Donna year prints in the Wackes letter as "(Fla. 1989)".
  • Gangi 9/23/25 and Schuyler 9/24/25 are not jurisdiction-ground letters; neither contains the phrase.
  • Kelley referral letter to Joshua Gammon Sheridan, Chair, 12/3/25, p. 1, certifying the complaint "forwarded to your committee for further investigation and disposition," captioned "Complaint by The Florida Bar against Christopher Alan Hanson."
  • Kelley scope email 3/19/26 11:45 AM, at pp. 2-3 of the 3/30/26 email to Kelley (the standalone 3/19 and 3/20 PDFs are empty export stubs).
  • Deferral policy in Bar counsel's own words: 7/7/26 PM Tr. 6:23-7:3 for the back-and-forth sentence and Tr. 7:10-20 for the closure-language sentence.
  • Rule 3-7.4(e) is quoted verbatim, and Rules 3-4.4, 3-7.16(a)(2) and (a)(3) and 3-3.5 are summarized, from the current Chapter 3 (June 30, 2026 edition); Rule 3-7.3(b) is quoted in full from the same source.
  • Husband's 4/30/25 questions are at p. 21 of the 10-10-25 Huston-Gangi chain PDF, sent 10:37:03 AM to ACAP intake.
  • Court-side receipts: N-046 (Doc 192 Tr. 41); 5/29/26 Tr. 45:12-19; 7/7/26 PM Tr. 31:17-18.
  • Ayers disqualification Doc 184, 4/28/25 (N-047). 2/18/25 to 2/24/25 = 6; 5/24/26 to 6/16/26 = 23; 11/24/25 to 8/10/26 = 259.
  • Two captions from the same office five months apart, reported without inference: 12/3/25 "Complaint by The Florida Bar against Christopher Alan Hanson"; 5/21/26 "Complaint of Christopher Alan Hanson against Vivian Cortes Hodz." No second referral letter has been obtained for comparison (documented negative); a records request for two or three unrelated 13F referral cover letters is the next concrete step and either answer is evidence.
  • Related decision points: N-064, N-085.

Spawned by: N-031, N-064, N-121

This decision point also appears on: the full ledger.

NEW-P62025-02-24 -> 2025-10-10Florida Barseventeen emails in this chain, six replies out, three emailed status formulas and three mailed letters, and not one of his questions answered; when he asked in writing whether there was a rule against speaking with him, no one repliedIGNORED
Date
2025-02-24 -> 2025-10-10
Actor
The Florida Bar, ACAP (Allie F. Huston; review by Alicia Gangi, Chair, Grievance Committee 13A)
Institution
The Florida Bar (RFA 25-6861)
Mechanism
seventeen emails in this chain, six replies out, three emailed status formulas and three mailed letters, and not one of his questions answered; when he asked in writing whether there was a rule against speaking with him, no one replied
What the law required
R. Regulating Fla. Bar 3-7.3(b): bar counsel 'must investigate the allegations contained in any written complaint that is signed under oath,' and 3-7.3(d) permits dismissal only 'after complete investigation' with written notice to the complainant of 'the reasons for dismissal.' Rules 3-7.3(a), 3-7.4(j)(2) and 3-7.5(d) require written notice to the complainant of every decision not to pursue an inquiry, every committee action and every board action. The Bar's own 5/6/25 letter set the pace of its review in writing: 'may take as long as 60 days.'
What happened
Between the six-day closure on 2/24/25 and the letters sustaining it on 9/23-9/24/25, Husband sent seventeen emails to the Bar's intake office and reviewers, offering documentation and asking for status. The Bar replied three times, all status formulas, including on 9/19: "This matter remains under review of the grievance committee chair. You will be informed of the outcome of that review via US mail." Five days later he wrote the same reviewers enclosing a photograph, telling them the failures have consequences; the photograph is not described here and no one in it is named. That email drew no response, nor did his 10/3 or 10/10 follow-ups. The reviewers had already given themselves permission to stop: the 9/24/25 letter states that "Further correspondence from you regarding this matter will be placed in the file without response" (N-055). [IGNORED]
Baseline deviation
Bar counsel 'must investigate' a sworn complaint and may dismiss only 'after complete investigation'; the Bar's own letter set the review clock at up to 60 days. The complainant, a member of the same Bar, offered transcripts across seventeen emails. What came back was three status formulas, three mailed letters, and a sentence closing the door: further correspondence 'will be placed in the file without response.' He asked the question that measures the arc: 'Is there a rule against speaking with me?' No one answered.
Receipt
  • 22-page as-sent chain, Husband to the Bar's intake office and reviewers, 5/14 to 10/10/25, held in the matter's Bar correspondence file.
  • Court-filed copies in the Leon mandamus exhibit bundle at pp. 15-19 (9/29/25 email; picture sentence at p. 19) and 1D2026-0728 Record on Appeal pp. 53-57.
  • Picture sentence and 9/29/25 header at exhibit bundle pp. 15 and 19; the three Huston replies (as-sent chain pp. 8, 18, 20) are sourced from extracted text, and the underlying page images are unconfirmed.
  • 140 days computed 5/6 to 9/23/25 (31+30+31+31+17); the Bar's 60-day figure is per review and is a ceiling, not a promise.
  • N-124 carries the Bar's own plural formula, "Each of these reviews may take as long as 60 days to complete," and N-055 records three reviewers, so a sixty-against-a-hundred-forty ratio is defeated by the Bar's own words.
  • The out-count is six, not three: three emailed status formulas plus three mailed letters.
  • The seventeen-email count is from this chain alone.
  • The pre-announced no-response sentence is at Leon ROA p. 641 (Schuyler 9/24/25).
  • Rules 3-7.3(b) and (d); Husband's in-chain citations of 3-7.3(c) and 3-7.4(g) are his characterizations, and those subsections are unchecked.
  • The 9/12/25 statement that the intake auto-reply promises responses within 7 days is an uncontradicted in-chain characterization, not an imaged Bar document.
  • Children are never named and the photograph is never described beyond its existence and his own accompanying words.
  • The 9/29/25 email postdates the sustained closure by five days.
  • Status emails: 5/14, 6/30, 9/19/25. Requests/offers: 5/15, 6/13, 6/26, 7/8, 7/21 (x2), 9/1, 9/12/25.

Spawned by: N-031

This decision point also appears on: the full ledger.

N-0552025-09-24Florida Barthe Bar described three internal reviews of the closure but produced no record of what any of them did, and told the complainant that anything further he wrote would go in the file without responseDENIED
D.E.V.I.L. misalignment analysis: Deviation · Expected output · Verified facts and law · Independent encounter · Law
D
Deviation

The Bar told Husband his complaint received "investigation by a Senior Staff Attorney" and two more reviews. Its counsel later told the family court "the Bar did not act on his complaint," and its appellate brief told the First District the file "was closed without further investigation."

E
Expected output

Rule 3-7.3(b) required bar counsel to investigate Husband's sworn complaint, and Rule 3-7.3(d) permits dismissal "after complete investigation," with notice of the "reasons for dismissal." A Director of Intake who certifies an investigation and two reviews can show the work of each when asked, because the closed file is public under Rule 3-7.1(b). The Bar gives the complainant and the courts one account of what it did.

V
Verified facts and law
  • Feb. 24, 2025: Bar Counsel Allie F. Huston closed the sworn complaint six days after filing. Davis was never asked to respond. The letter: "In addition to the submitted documentation, I also reviewed the underlying docket in Hillsborough County Case No. 2024-DR-1150." N-031, N-105
  • Sept. 23 to 24, 2025: Alicia Gangi, Chair of Grievance Committee 13A, sustained the closure, copying Davis "so that the attorney is aware that an additional review of this matter has taken place." The next day Director of Intake Shanell M. Schuyler: "The review of your allegations against Mr. Davis included investigation by a Senior Staff Attorney, review of the closure by the undersigned as Director of Intake, and a review by the Chair of Grievance Committee 13A." And: "Further correspondence from you regarding this matter will be placed in the file without response." N-055, N-105
    Read them: Schuyler letter, Sept. 24, 2025, and Gangi letter, Sept. 23, 2025 (record on appeal pp. 641, 643) (link pending redacted copy)
  • May 22 to June 30, 2026: the Bar's counsel to the family court: "the Bar did not act on his complaint." June 5: records of what the Bar did before those assurances "have been disposed of." June 30, its appellate brief: the file "was closed without further investigation," the review "limited to the submissions and court records." N-105, N-116, N-126, N-055
    Who was the Senior Staff Attorney, what did that investigation consist of, and what record of it did the Bar hold before reporting its records disposed of?
I
Independent encounter

Bar Counsel Allie F. Huston (closure). Alicia Gangi, Chair, Grievance Committee 13A (Sept. 23 letter). Shanell M. Schuyler, Director of Intake (Sept. 24 letter). One sworn complaint, one file, three described reviews. Every duty here arises from the Bar's own rules on this file alone; no other card is needed to establish it.

L
Law: the authority that creates the duty

Art. V, s. 15, Fla. Const. vests attorney discipline in the Supreme Court. Rule 3-7.3(b): bar counsel "must investigate" a sworn complaint. Rule 3-7.3(d) permits dismissal "after complete investigation." Art. I, s. 24(a) presumes the closed file open and puts the burden on the Bar.

The details are where it lives: full record, receipts, related cards
Date
2025-09-24
Actor
Alicia Gangi + Shanell M. Schuyler
Institution
The Florida Bar
Mechanism
the Bar described three internal reviews of the closure but produced no record of what any of them did, and told the complainant that anything further he wrote would go in the file without response
What the law required
R. Regulating Fla. Bar 3-7.3(d) permits dismissal only 'after complete investigation' and requires notice to the complainant of the 'reasons for dismissal.' The Bar reviews a staff-level closure under its own Standing Board Policy 15.75, on the complainant's written request, with a written explanation of the reasons. Once closed, the file is public under Rule 3-7.1(b), and Article I, section 24(a) puts the burden of any withholding on the Bar, so the product of each review is a record the Bar either produces or accounts for.
What happened
On 9/24/25 the Bar sustained its own closure. Its Director of Intake described three internal reviews of the closure: by a Senior Staff Attorney, by the Director of Intake, and by the Chair of Grievance Committee 13A. The letter stated: "While your disagreement with the outcome of the Bar's investigation is duly noted, there is no further review afforded to closed files and no right to appeal. Further correspondence from you regarding this matter will be placed in the file without response." A day earlier the Chair had made the same point in her own sustaining letter, copying Davis on it. A later public-records request for the file that review would have generated produced, from the closed file, one email about a typographical error (FNEW-B1). The Bar has never reconciled this account with its later, inconsistent statements about the same closure (N-105, N-116). [DENIED]
Baseline deviation
Three reviews were described in the 9/24/25 letter: a Senior Staff Attorney investigation, a Director of Intake review, and a Grievance Committee Chair review. A review that examined a closure leaves a record, and a closed file is public under the Bar's own rule. No product of any of the three appears in any Bar letter, filed paper or brief. Later Bar statements run against the letter: a filed paper said the Bar 'did not act' (N-105); its Deputy General Counsel said the file was 'disposed of' (N-116).
Receipt
  • Schuyler letter 9/24/25, Leon ROA p. 641: also states "Extensive rules, procedures, and policies exist to ensure that bar complaints are fully aired, investigated, and reviewed at multiple levels," and "The review of your allegations against Mr. Davis included investigation by a Senior Staff Attorney, review of the closure by the undersigned as Director of Intake, and a review by the Chair of Grievance Committee 13A."
  • Gangi letter 9/23/25, Leon ROA p. 641 vicinity and Bar file copy: "I am also copying Mr. Davis on my response so that the attorney is aware that an additional review of this matter has taken place and that I am sustaining the former decisions to close this file as proper and correct."
  • Both filed by the Bar's own counsel as Composite Exhibit A to the 1/27/26 motion to dismiss, judicial notice requested at ROA p. 626.
  • Answer Brief admissions at 1D2026-0728 Answer Brief p. 24 (PDF p. 30), filed 6/30/26, signed M. Hope Keating: file "was closed without further investigation" and review "limited to the submissions and court records."
  • Huston letter 5/6/25, Doc 200 p. 1 (single-Director, up-to-60-days process). Standing Board Policy 15.75 gives complainant 30-day review windows and sets no time standard for the Bar's own reviews.
  • "Three-level review" is NOT the letter's phrase and is barred, as are "three-layer," "three-stage," "three-tier"; name the letter's own three steps instead.
  • Later inconsistent statements at N-105 (5/22/26) and N-116 (6/5/26). Produced set at FNEW-B1.
  • Related decision points: N-126.

Spawned by: N-031

This decision point also appears on: the full ledger.

N-0592025-10-14 -> ongoingMulti-forumone structural question was put to three courts and answered by none: may a judge who is a defendant in one case keep presiding over the related oneIGNORED
Date
2025-10-14 -> ongoing
Actor
Judge Matthew Felix; the Thirteenth Judicial Circuit; a 2D DCA panel (Villanti, Sleet, Smith); The Florida Bar
Institution
25-CA-010255 (13th Cir.); 24-DR-001150 (13th Cir.); 2D2026-0279; 2025-CA-2469 (Leon)
Mechanism
one structural question was put to three courts and answered by none: may a judge who is a defendant in one case keep presiding over the related one
What the law required
Due process under the Fourteenth Amendment and Article I, section 9 of the Florida Constitution forbids anyone to judge a cause in which he has an interest: In re Murchison, 349 U.S. 133 (1955); Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009) (disqualification required where the probability of actual bias is too high to be constitutionally tolerable); Williams v. Pennsylvania, 579 U.S. 1 (2016) (the error is structural). Court rules govern "practice and procedure" (Art. V, s. 2(a), Fla. Const.); the impartial tribunal is a constitutional guarantee, and the federal Constitution binds "the Judges in every State," any state rule to the contrary notwithstanding (U.S. Const. art. VI, cl. 2). Under Rule 2.330(h) the facts alleged are taken as true and the motion is judged on legal sufficiency alone. In a records mandamus the respondent's role is to answer the writ (Radford v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 2005); Town of Manalapan v. Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996)), so the named judges are either nominal custodians with no stake, in which case no merits advocacy for them is proper, or parties with a stake, in which case Murchison and Williams apply; no court in this record has answered either way.
What happened
The conflict takes three forms across related cases: Judge Felix, a named defendant in the records mandamus, kept presiding over the family case; the mandamus was filed in the Thirteenth Judicial Circuit, with the Attorney General appearing for the judicial defendants; and The Florida Bar is itself a party in two of the forums. Three courts were asked whether a judge who is a defendant in one case may preside over the related one, and each disposed of the request without reaching that question. Judge Felix denied the disqualification motions on the successive-motion rule, the second time 9 hours and 27 minutes after it was filed, ruling it legally insufficient and stating that he can be fair and impartial (N-069, N-118). The Second District denied the prohibition petition in one sentence, seven days after filing, with no response required (N-078). The Sixth Circuit judge assigned to the records case ruled that he had no power to transfer the family case (N-075). No court has said why a judge who is a defendant in one case may preside over the related one. [IGNORED]
Baseline deviation
Due process forbids anyone to judge a cause in which he has an interest, and a procedural rule cannot override that guarantee. A judge named as a defendant in the records case kept presiding over the related family case. The question was put to three courts; each disposed of it without reaching the merits, and no court has said why a judge who is a defendant in one case may preside over the related one.
Receipt
  • Amended mandamus petition caption (e-filed 11/13/25, 25-CA-10255).
  • Disqualification order rested on the successive-motion rule (Rule 2.330(i)).
  • 2D DCA denial: prohibition petition filed 2/3/26 and denied 2/10/26, seven days later, one day after fee paid, no opinion, no response required (N-078).
  • 1150 Doc 258 (1/8/26) and Doc 331 (6/10/26, e-signed 9:27:13 AM; the motion, Doc 329, e-filed 12:00:02 AM).
  • 10255 Doc 61 paras. 9 and 11 (family-case transfer denied for lack of authority).
  • Two of the judges in this chain have ruled for Husband.
  • Defendants have a nominal-party answer available; naming a court and its judges in a mandamus about the court's own records is how such petitions are normally styled.

Spawned by: N-058, N-069, N-078, N-091

This decision point also appears on: Under Judge Felix, Court Oversight and Conflict Judges in the Sixth Circuit, The Appellate Courts, the full ledger.

FNEW-B12025-11-10Florida Barthe file that the Bar said had been investigated at multiple levels produced, on request, one email about a typographical errorPARTIAL
Date
2025-11-10
Actor
The Florida Bar (signatory of the W015656-111025 response)
Institution
The Florida Bar (PRR W015656-111025; closed file RFA 25-6861)
Mechanism
the file that the Bar said had been investigated at multiple levels produced, on request, one email about a typographical error
What the law required
Article I, section 24(a) of the Florida Constitution makes judicial-branch records open and puts the burden of justifying any withholding on the custodian. R. Regulating Fla. Bar 3-7.1(b) defines the public record of a closed disciplinary case to include 'any reports, correspondence, papers, recordings, or transcripts of hearings furnished to, served on, or received from the respondent or the complainant.' A production from a closed file therefore includes respondent correspondence, or states the basis on which it is not included. The Bar's own later filed paper concedes Rule 2.420, not Chapter 119, governs its records (Leon record p. 634 n.4), and Rule 2.420(m)(2) requires the custodian to state the basis for any denial in writing.
What happened
In November 2025 the Bar answered a public-records request for the closed complaint file about Wife's counsel. The produced set contained one email concerning a typographical error and no other correspondence from Davis to the Bar, and no Bar correspondence to Davis beyond letters on which he was copied. That one email runs from Davis to the Bar's intake mailbox on 8/20/25 at 3:45 PM, and its subject is traceable: the Bar's own 7/16/25 letter to Husband had said "there are court orders finding that Mr. Davis has filed frivolous motions or delayed the proceedings," and five days after Davis's email the Bar reversed that sentence to say there are NO such orders. Set that production beside what the Bar had written about the same file seven weeks earlier: a Senior Staff Attorney investigation, a Director of Intake review, and a Grievance Committee Chair review (N-055). Then set it beside what the Bar filed in court eleven weeks later: "Such records were not provided because they do not exist" (N-077). And beside its appellate brief, filed June 30, 2026, which says the review "was limited to the submissions and court records" and the file therefore "did not contain any communications with Mr. Davis." The Bar's reconciliation is available and is stated here rather than argued against: three reviewers reading the same submissions and the same public court records would generate no new correspondence with the accused lawyer. What the reconciliation does not supply is what each of those three reviews produced. A Senior Staff Attorney investigation, a Director of Intake review and a Grievance Committee Chair review are three pieces of work, and the Bar has not identified the product of any of them, in any letter, in any filed paper, or in its appellate brief, across the record as swept. [PARTIAL]
Baseline deviation
The Bar's own rule defines the public record of a closed disciplinary case, in full: "(b) Public Record. The public record consists of the record before a grievance committee, the record before a referee, the record before the Supreme Court of Florida, and any reports, correspondence, papers, recordings, or transcripts of hearings furnished to, served on, or received from the respondent **or the complainant**." (emphasis added) Husband is the complainant. The Bar's own definition of its public record therefore reaches what was furnished to, served on, or received from him, and it reaches recordings and transcripts of hearings, not only paper. So a production from a closed file either contains the respondent lawyer's correspondence or reflects that none exists. The Bar's own counsel has stated the condition in its own words, in a footnote to its appellate brief: "If the grievance file contained information pertaining to communications with Mr. Davis, the Bar would be obligated to provide it." That sentence turns the whole records fight into one verifiable fact, which is what the file contained. Whatever else is disputed, that much is conceded.
Receipt
Public-records request W015656-111025. The 630-page production packet and its three inventories are held in the matter's public-records file; all 630 pages catalogued. The typographical-error email at packet p. 401, FROM Davis TO the ACAP mailbox, 8/20/25 3:45 PM. Its antecedent is the Bar's own 7/16/25 closure letter at packet pp. 340-343 and 403-404, whose sentence was reversed by the 8/25/25 letter at packet pp. 407-409. Rule 3-7.1(b) is quoted in full from the current rule as printed in the citation-check ledger of 8/11/26, Item 16 (June 30, 2026 / July 1, 2026 edition). The bold on "or the complainant" is EMPHASIS ADDED; the words themselves are the rule's. Answer Brief footnote 3, 1D2026-0728, PDF p. 31 (brief p. 25), filed 6/30/26. Answer Brief brief p. 24 (PDF p. 30) for the "limited to the submissions and court records" sentence. The 1/27/26 filed statement is at Leon ROA p. 634 (motion internal p. 10), footnote 4 on the same page. SCOPE, and it always travels: "no other correspondence to or from Davis" means BAR-to-Davis correspondence. The packet holds many Husband-to-Davis emails as complaint exhibits, plus Bar letters copied to Davis at pp. 58-60, 88, 102-104 and 504-505. The production transmittal is the Bar's letter dated November 10, 2025, signed by Rick Courtemanche, Deputy General Counsel, captioned 'Public Records Request: W015656-111025 of 11/10/2025' and stating 'You have been provided with the entire public record related to your request'; it sits in the Leon mandamus exhibit bundle (Seq. 006, pp. 10-11), and the Bar's own 7/16/26 records letter (item A) dates the production to 11/10/2025. Request and production carry the same date.

Spawned by: N-031, N-055

This decision point also appears on: the full ledger.

N-0642025-11-24Florida Barthe complaint against Husband says he said something untrue in public; he has asked in writing, again and again, which statement, and the Bar has never named one, while the file stays open and the Bar's own rules keep an open file confidentialPENDING
Date
2025-11-24
Actor
Judge Ayers (complainant); Jason Kelley (Bar Counsel)
Institution
The Florida Bar (File 2026-10,395(13F))
Mechanism
the complaint against Husband says he said something untrue in public; he has asked in writing, again and again, which statement, and the Bar has never named one, while the file stays open and the Bar's own rules keep an open file confidential
What the law required
The First Amendment protects true statements about a judge, and truth is a complete defense to the charge this complaint makes. Rule 4-8.2(a) reaches only a statement the lawyer knows to be false or makes with reckless disregard of its truth, so the complainant and the Bar carry the burden of naming the statement, and due process requires a complaint specific enough to answer. Rule 3-7.3(b) requires investigation, and the sworn statement the Bar itself proposed is the investigation it chose. Rules 3-7.1(a)(4) and 3-7.3(g): a staff-level closure becomes public information; a pending file stays confidential.
What happened
Judge Ayers filed a Bar complaint against Husband on 11/24/25, about seven months after she was disqualified from his case. The file has stood open since, 259 days as of August 10, 2026, without a single allegedly false statement ever identified. Husband first demanded that the Bar name the statement or close the file on 12/8/25, and repeated the demand sixteen times through 7/23/26, seven months and fifteen days later. No response has ever named a statement. On 3/20/26 the Bar announced it would subpoena him for a sworn statement, "expecting 3-4 hours," listing the resources it would need to schedule. Husband accepted at once, waived confidentiality, and asked that the proceeding be public. The subpoena was never served and the statement was never taken (N-085). This is the first Bar complaint ever filed against him in a career admitted 9/28/2007, active and in good standing. [PENDING]
Baseline deviation
Truth is an absolute defense to the charge this complaint makes; it has never identified a false statement. The complaint form's Part Three reads "Mr. Hanson has violated Bar Rules 4-8.2(a) and Rule 4-8.4(d)." A closure before a grievance committee hearing becomes public under the Bar's own rules (3-7.1(a)(4), 3-7.3(g)); an open file stays confidential. Husband's two complaints against Wife's counsel closed in six and twenty-three days and became public; the one against him stays open and confidential (N-031, N-121).
Receipt
  • Bar File 2026-10,395(13F), complaint filed 11/24/25; 259 days, 11/24/25 to 8/10/26.
  • Complaint form Part Three quoted in full from the intake form.
  • The sixteen demands: 12/8/25, 12/18/25, 1/7/26, 1/15/26, 2/13/26, 3/17/26, 3/19/26, 3/30/26, 4/17/26, 4/27/26, 5/13/26, 6/19/26, 7/4/26, 7/10/26, 7/11/26, 7/23/26; first to last is 7 months 15 days.
  • Date requests (a smaller, different set): 3/30, 4/27, 5/13, 7/10/26 on this card; N-085 enumerates five, adding 4/17/26.
  • Underlying emails in the matter's Bar correspondence file, including 3/30/26 email to Kelley, 4/17/26 email reiterating unanswered questions, 7/10/26 sworn-statement and preservation letter, 7/11/26 letter to Bar leadership and Board of Governors, 7/23/26 followup (13 pp.).
  • Kelley 3/20/26 3:05 PM email; pp. 2-16 not read.
  • "the bar is not an investigative agency like law enforcement. Our investigative resources are limited." (Courtemanche, 11/24/25, Leon ROA p. 44; source spells "investigative"; motion to dismiss and Answer Brief render it "investitive").
  • Kelley 12/3/25 referral letter, caption "Complaint by The Florida Bar against Christopher Alan Hanson."
  • Rules 3-7.1(a)(4) and 3-7.3(g). Good-standing certificate CTM-428037, 8/7/26: "10-Year Discipline History: None."
  • Acceptance chain verbatim in the 7/10/26 letter, Gmail id 19f4d070ee6ec12a; arc card N-085.
  • The 11/24/25 same-day sequence (article emailed 10:18 AM, chambers forward 11:43 AM, forward to counsel 12:17:07 PM, personal-to-official email 4:52 PM, intake submission 4:56:32 PM) is a composite exhibit, sequence only.
  • Intervals by true endpoints: 10:18 AM to 4:56:32 PM intake is six hours thirty-eight minutes; 11:43 AM chambers forward to 4:56:32 PM intake is five hours thirteen minutes. "Six hours thirty-eight minutes chambers to intake" is wrong and barred; N-065 states the same-day interval correctly and controls.
  • Related decision points: N-032, NEW-P9.

Spawned by: N-031, N-062

This decision point also appears on: the full ledger.

N-0652025-11-24Multi-institutionevery institution named in the article was invited in writing to point out anything false in it, with an offer to amend; in the nearly nine months from November 24, 2025 through August 20, 2026, not one has named a single sentenceIGNORED
Date
2025-11-24
Actor
Judge Ayers and Judge Felix (Div. A and D chambers); Chief Judge Sabella, the 13th Circuit General Counsel, and the trial court administrator; the Florida Bar ACAP and the Judicial Qualifications Commission; Scott Davis
Institution
13th Judicial Circuit / The Florida Bar / JQC
Mechanism
every institution named in the article was invited in writing to point out anything false in it, with an offer to amend; in the nearly nine months from November 24, 2025 through August 20, 2026, not one has named a single sentence
What the law required
Rule 3-7.3(b) of the Rules Regulating The Florida Bar: bar counsel “must investigate the allegations contained in any written complaint that is signed under oath.” Canon 3D(2) of the Florida Code of Judicial Conduct: a judge who receives information indicating a substantial likelihood that a lawyer has violated the Rules Regulating The Florida Bar “shall take appropriate action.” Both duties are written in mandatory terms. An official who has a correction available has the means to make it, so a documented failure to identify any false statement is evidence of what the record contains.
What happened
On November 24, 2025, within sixteen minutes, Husband sent three emails under one subject line, each linking a published article and naming specific officials, to the judicial divisions and Wife's counsel, to circuit administration, and to the Bar and JQC. Each carried the same offer: "If you believe that anything stated in the article is untrue, please let me know so I can consider amending the article if appropriate," with a request for comment. No deadline was set. No reply from the Bar, the JQC, or the 13th Circuit appears in the records swept. Wife's counsel answered the same day with a cease-and-desist letter that denied the article wholesale and identified no specific sentence as false. Its one concession: "certain discovery was withheld or delayed pursuant to a valid court order and consistent with the prenuptial and postnuptial agreements." Asked the next day which order he meant, he wrote: "I'll see you in court." Six hours twenty-two minutes after the third email, Judge Ayers filed a Bar complaint against Husband, kept open since without the Bar naming a false statement (N-064). [IGNORED]
Baseline deviation
A regulator that receives a specific, documented allegation of misconduct processes it, and an official who can correct a false statement has the means to. Correcting this cost nothing: the sender offered in writing to amend the article. The silence is evidence that nobody positioned to correct it has tried.
Receipt
  • Three sends of 11/24/25 at 10:18, 10:27 and 10:34 AM; the 4:40 PM cease-and-desist; the 11/25/25 reply chain.
  • Wife's counsel's reply to which order he meant: "I'll see you in court."
  • The article, 16 pages, published on X on or about November 21, 2025, filed at Doc 267 pp. 14-56.
  • Scope of no-reply finding: rests on the 7/13/26 Gmail sweep; these three sends originated from a Yahoo account, so a Yahoo-side reply cannot be excluded.

Spawned by: N-064

This decision point also appears on: Court Oversight and Conflict Judges in the Sixth Circuit, the full ledger.

FNEW-B22025-12-15Florida Barfour written questions, each answerable with a yes, a no, a rule citation, or an index; the entire reply was that he had already been given everything and that the matter is closed; the first real answer came 57 days later, in a paper addressed to a judgeREFUSED
D.E.V.I.L. misalignment analysis: Deviation · Expected output · Verified facts and law · Independent encounter · Law
D
Deviation

Asked yes or no whether the Bar had any communication with Davis about the complaint beyond his one typo email, its Deputy General Counsel replied: "This matter is closed. Thanks." The Bar's first answer came 57 days later, after Husband sued, in a paper to a judge.

E
Expected output

Art. I, s. 24(a) puts the burden on the custodian, and the Bar's own filing concedes its records "are governed by" Rule 2.420. Asked whether any Davis correspondence existed beyond one email, the Deputy General Counsel answers yes or no; if yes, he names the rule that withholds it; if no, he confirms it in writing. The Bar proved the answer fit in one line: it gave one, to a court.

V
Verified facts and law
  • Dec. 1, 2025: Husband's first question: "Apart from Mr. Davis's brief e-mail pointing out a typographical error, did the Bar receive any written or electronic communication from and/or send any written or electronic communication to Mr. Davis (or anyone on his behalf) in connection with this complaint?" If yes, which rule withholds it; if no, "will the Bar please confirm that in writing?" Fourth, a privilege index. FNEW-B2, N-077
    Read them: Husband's email, Dec. 1, 2025 (link pending redacted copy)
  • Dec. 15, 2025, 9:15 AM: the reply, in full: "Mr. Hanson: As my correspondence dated November 24 stated, you have been provided the entire public record under Rule 3-7.1(b), Rules Regulating The Florida Bar. This matter is closed. Thanks." Dec. 17: Husband sued in Leon County. FNEW-B2
    Read them: Courtemanche email, Dec. 15, 2025 (petition exhibits p. 282) (link pending redacted copy)
  • Jan. 27 to Feb. 9, 2026: the Bar's motion to dismiss: "Such records were not provided because they do not exist." Asked directly on Feb. 9, its counsel by email: "there are no comms with Mr. Davis at all withheld from public record production. There aren't any to withhold." N-077, FNEW-B2
I
Independent encounter

Deputy General Counsel Rick Courtemanche (the Dec. 15 reply). John Londot, Greenberg Traurig, counsel for the Bar (the Jan. 27 motion; the Feb. 9 email). One records request, four written questions, one reply. Every duty here arises from Article I, section 24 and the Bar's own public-record rule on this request alone; no other card is needed to establish it.

L
Law: the authority that creates the duty

Art. I, s. 24(a), Fla. Const. presumes the Bar's records open and puts the burden of any withholding on the Bar. Rule 2.420(m)(2) requires the basis for any denial in writing. Rule 3-7.1(b) makes correspondence "furnished to, served on, or received from the respondent" part of the closed-file public record.

The details are where it lives: full record, receipts, related cards
Date
2025-12-15
Actor
The Florida Bar (response to questions addressed to Deputy General Counsel Richard Courtemanche)
Institution
The Florida Bar
Mechanism
four written questions, each answerable with a yes, a no, a rule citation, or an index; the entire reply was that he had already been given everything and that the matter is closed; the first real answer came 57 days later, in a paper addressed to a judge
What the law required
A custodian that withholds records states the basis. The Bar's own filed paper concedes Rule 2.420 governs its records (Leon record p. 634 n.4); Rule 2.420 requires an identified exemption for any withholding, and a privilege is asserted, not implied. Rule 3-7.1(b) defines the closed-file public record to include respondent correspondence. Each of the four questions asked had a yes-or-no or a document as its answer.
What happened
On 12/1/25 Husband put four written questions to the Bar's Deputy General Counsel about the production from the closed file: whether the Bar had sent or received any communication with Davis beyond the one produced email; if so, what rule provision took that correspondence outside the Rule 3-7.1(b) public record; if not, to confirm that in writing; and whether the Bar would provide a privilege or confidentiality index for anything in the file it treated as outside the public record. On 12/15/25 at 9:15 AM, eight minutes after his morning follow-up, the reply came back in full: "Mr. Hanson: As my correspondence dated November 24 stated, you have been provided the entire public record under Rule 3-7.1(b), Rules Regulating The Florida Bar. This matter is closed. Thanks." Two substantive sentences. Neither answers any of the four questions. The 11/24 correspondence it points back to had said something more: "the bar is not an investigative agency like law enforcement. Our investigative resources are limited. You need to have the court in the underlying litigation make an evidentiary finding that the attorney you complained about committed misconduct." Two days after that reply, on 12/17/25, Husband filed his mandamus petition in Leon County. Fifty-seven days after the questions were asked, the Bar answered the first one for the first time, in its motion to dismiss that suit: "Such records were not provided because they do not exist" (N-077). [REFUSED]
Baseline deviation
A custodian that withholds records states the basis. A privilege is asserted, not implied. The Bar's own filed paper concedes that Rule 2.420 governs its records, and that rule requires an identified basis for any withholding and a written basis for any refusal. Each of the four questions had a yes-or-no or a document as its answer. The Bar's later court filing proves the answer existed and could be stated in one line, because the Bar stated it in one line. The complainant got it only after he sued, and only in a document written to a court. The refusal was also pre-authorized: three months earlier the Bar had put in writing that further correspondence "will be placed in the file without response" (N-055).
Receipt
The 12/15/25 response is an EMAIL, not a letter: from Richard Courtemanche, Deputy General Counsel, to Husband's personal email address with the ACAP mailboxes and one Bar address in copy, Monday December 15, 2025 at 09:15 AM EST, subject "RE: Christopher Hanson -Continue follow up Deficiencies in Public Records Response: W015656-111025." The only copy in the record is embedded at page 282 of 285 of the exhibit bundle to the Verified Petition for Writ of Mandamus, Filing #237979141, e-filed 12/17/2025 08:40:29 PM. It replies to Husband's own 9:07 AM follow-up that same morning, so it closes a chain rather than answering the 12/1/25 email standing alone. The 11/24/25 Courtemanche quote is at Leon ROA p. 44 (source spells "investigative"; the Bar's briefs render "investitive"). The 12/1/25 four questions are independently narrated inside N-077. The 1/27/26 statement is at Leon ROA p. 634 (motion internal p. 10), footnote 4 same page. Rule 2.420 concession at the same footnote. Rule 3-7.1(b) defines the closed-file public record to include reports, correspondence, papers, recordings, and transcripts of hearings furnished to, served on, or received from the respondent "or the complainant"; the full subdivision is quoted at FNEW-B1 from the current rule.

Spawned by: N-055, FNEW-B1

This decision point also appears on: the full ledger.

N-0772026-02-09Florida Barasked whether communications with Wife's lawyer ever existed, the Bar's counsel answered, three minutes later, that none were withheld from production; his own filed paper thirteen days earlier had said flatly that they do not existPARTIAL
Date
2026-02-09
Actor
John Londot, Greenberg Traurig, counsel for The Florida Bar
Institution
2025-CA-2469 (Leon)
Mechanism
asked whether communications with Wife's lawyer ever existed, the Bar's counsel answered, three minutes later, that none were withheld from production; his own filed paper thirteen days earlier had said flatly that they do not exist
What the law required
Article I, section 24(a) of the Florida Constitution presumes the record open and puts the burden of any exemption on the custodian. Rule 3-7.1(b) makes a closed file's 'reports, correspondence, papers, recordings, or transcripts of hearings furnished to, served on, or received from the respondent or the complainant' public. A custodian asked whether records ever existed either produces them or confirms under oath that none exist; an answer about what was withheld from production reaches a different question.
What happened
On 12/1/25 Husband asked the Bar's Deputy General Counsel whether the Bar had ever communicated with Davis about the complaint, apart from one email about a typo. No reply appears in the record swept. On 1/27/26 the Bar's motion to dismiss, signed by John Londot, stated without qualification: "Such records were not provided because they do not exist." Thirteen days later, Husband asked the same lawyer directly whether any such communications ever existed. Three minutes later: "there are no comms with Mr. Davis at all withheld from public record production. There aren't any to withhold." The filed paper says the records do not exist; the email says only that nothing was withheld. Read against later Bar statements on this closure, that it did not act on the complaint (N-105) and that records were disposed of (N-116), the accounts do not converge. [PARTIAL]
Baseline deviation
A respondent asked whether records ever existed answers whether they existed; saying nothing was withheld from production is a narrower answer. The Bar's own rule defines a closed case's public record to include correspondence with the respondent lawyer "or the complainant," and Husband is the complainant. The Bar's counsel has since conceded the obligation in its brief: "the Bar would be obligated to provide it." What remains is a fact question the Bar has answered two different ways.
Receipt
  • 1/27/26 motion to dismiss, Filing #240404774, e-filed 4:38:07 PM, Leon ROA p. 634 (motion internal p. 10); motion occupies ROA pp. 625-643, signature block at ROA p. 638; footnote 4 on the same page as the quoted sentence.
  • 2/9/26 chain, subject "Re: 2025CA2469 - Hanson v The Florida Bar," Londot's message timestamped 5:04:46 PM EST from his firm address, Husband's question at 5:01 PM same day; Bar correspondence folder and Leon matter tree.
  • 12/1/25 email in the same folder.
  • Answer Brief footnote 3, 1D2026-0728, PDF p. 31 (brief p. 25), filed 6/30/26: "If the grievance file contained information pertaining to communications with Mr. Davis, the Bar would be obligated to provide it."
  • Courtemanche no-reply negative is a FILENAME-LEVEL sweep only, 8/17/26, of the Bar correspondence folder and Leon matter tree; scoped to filenames, no full-text or mailbox sweep run.
  • Londot statement carried standing alone; Husband's own replies in the same chain are argumentative and not reproduced.
  • Rule 3-7.1(b) quoted in full at FNEW-B1; "or the complainant" is part of the subdivision.
  • The stored 16-page text export of the motion to dismiss is not the filed original, and no quotation here is drawn from it.
  • N-105, filed 5/22/26: "the Bar did not act on his complaint and so did not share it with or request a response from Mr. Davis". N-116, 6/5/26: records "disposed of pursuant to judicial branch and bar records retention schedule and are no longer available".
  • Related decision points: N-055.

Spawned by: N-055, N-116

This decision point also appears on: the full ledger.

N-0792026-02-13Leon (Dempsey)The judge's office asked the Bar's lawyer for the dismissal order the day before Husband's opposition was filed.DENIED
D.E.V.I.L. misalignment analysis: Deviation · Expected output · Verified facts and law · Independent encounter · Law
D
Deviation

Eight days after the Bar moved to dismiss, before Husband had filed his opposition, Judge Dempsey's assistant asked the Bar's lawyer: "Please provide an order in word granting the Motion to Dismiss." The final judgment, built on that draft, followed with no hearing, on three grounds his filings had already answered.

E
Expected output

On a motion to dismiss a verified records petition, the court takes the petition's facts as true and reads the opposition before it decides. Whether records "do not exist" is settled on evidence at a hearing.

V
Verified facts and law
  • Jan. 27 to Feb. 5, 2026: the Bar moved to dismiss; the docket holds no order setting a response date. At 11:27 AM on Feb. 4, Judge Dempsey's judicial assistant wrote the Bar's counsel: "Please provide an order in word granting the Motion to Dismiss." At 12:19 PM Husband asked for "just 14, or even 10 days" and "a hearing and an opportunity for argument before the Court on the dismissal issue," the second of five written requests. The Bar's draft arrived at 5:27 PM; his opposition, Feb. 5. No hearing was ever set. N-079
    Read them: Chambers email, Feb. 4, 2026 (link pending redacted copy) · The Bar's draft order (link pending redacted copy)
  • Feb. 13, 2026: final judgment, built on the Bar's draft down to its caption typo ("IN AND FOR OR LEON COUNTY"). Ground 1, no jurisdiction "to review the Bar's decision to dismiss Plaintiff's grievance": the Bar's own motion says its records "are governed by" Rule 2.420, and the response said "discipline is no part of the relief requested." Ground 2, "immune from suit": the response said, "Plaintiff Hanson is not suing for tort damages. He is petitioning for Mandamus." Ground 3, "all the reasons articulated in the Defendants' Motion to Dismiss," including "Such records were not provided because they do not exist": the motion's own exhibit is three Bar letters, each copied to Davis, and the response called existence "a disputed question of fact." N-077, N-079
    Read them: Motion to dismiss and exhibit, record on appeal pp. 625-643 (link pending redacted copy) · Response, record on appeal pp. 644-658 (link pending redacted copy) · Final judgment, record on appeal pp. 769-770 (link pending redacted copy)
  • Feb. 19 to 24, 2026: rehearing said it again: "This is a Petition for Writ of Mandamus seeking specific performance and public records." Denied five days later, "no legal or factual basis," file closed. N-079
    Read them: Rehearing motion and denial, record on appeal pp. 771-775 (link pending redacted copy)
I
Independent encounter

Judge Angela C. Dempsey (judgment; rehearing denial). Kerri L. Owens, her judicial assistant (the Feb. 4 request). John Londot, Greenberg Traurig, for the Bar (the motion; the draft order). One petition, one motion, one response, one judgment, all on this court's docket; no other card is needed.

L
Law: the authority that creates the duty

Art. I, s. 24(a), Fla. Const. presumes the record open; the custodian carries the burden. Rule 2.420(l)(2) sends enforcement against a non-judge custodian to the circuit court. Rule 1.630(d)(2): on a prima facie showing the court "must issue" an alternative writ. On a motion to dismiss the petition's facts are taken as true; whether a record exists is decided after a hearing (Consumer Rights, LLC v. Bradford County, 153 So. 3d 394, 398 (Fla. 1st DCA 2014)).

The details are where it lives: full record, receipts, related cards
Date
2026-02-13
Actor
Judge Dempsey
Institution
2d Cir. Leon Co. (2025-CA-002469)
Mechanism
the court solicited the dismissal order from the Bar's counsel the day before Husband's opposition was even filed, granted the dismissal without ever holding a hearing, and denied rehearing with the file ordered closed
What the law required
Article I, section 24(a) of the Florida Constitution secures the access right, and Rule 2.420(l)(2) places its enforcement against a non-judge custodian in the circuit court. Fla. R. Civ. P. 1.630(d)(2): if the petition shows a prima facie case the court 'must issue' an alternative writ. On a motion to dismiss the verified petition's allegations are taken as true, and a disputed allegation that a record exists is decided after a hearing, not on the papers. Consumer Rights, LLC v. Bradford County, 153 So. 3d 394, 398 (Fla. 1st DCA 2014).
What happened
On February 4, 2026 the judicial assistant to Judge Dempsey emailed the Bar's counsel: "Please provide an order in word granting the Motion to Dismiss." Counsel returned a draft the same day. Husband filed his opposition the next day and asked for a hearing. On February 13 the court entered final judgment for the Bar, adopting the Bar's own grounds, whose operative assertion, that the records "were not provided because they do not exist," is not sworn. Husband moved for rehearing on February 19; on February 24 it was denied for lack of any legal or factual basis, with no further motions allowed and the file ordered closed. The certified docket's hearing table is empty; no hearing was ever held. The court added the grounds itself; the Bar's draft had granted the motion in one line. The signed order recites having considered a response that did not exist when the order granting the motion was solicited. [DENIED]
Baseline deviation
Rule 1.630(d)(2) told the court what a petition showing a prima facie case gets: an alternative writ and a return. A motion is decided after the response is in, and a court that asks the winning side to draft the order does so after deciding. Here the sequence ran backward: order requested from the Bar's counsel first, opposition filed second, final judgment for the Bar signed third, reciting a response that did not exist when the order was requested. Husband asked for a hearing four times in writing; none was set.
Receipt
  • Chambers email chain of 2/4, 2/5, and 2/19/26.
  • Both orders and the certified Leon progress docket (First DCA record pp. 4-5, 769-770, 775).
  • The Bar's motion (pp. 625-638): "for all the reasons articulated in the Defendants' Motion to Dismiss,".
  • Husband's response (pp. 644-713).
  • Draft-vs-signed comparison by exact text extraction, not OCR.
  • Rehearing denial: "no legal or factual basis,".

Spawned by: N-055

This decision point also appears on: the full ledger.

N-0822026-03-09Florida Barthe records showing what the Bar spent on the law firm defending it against its own member were priced and made payable in advance, with the letter noting on its face that Florida law provides no waiver for indigency or public interestONLY-FOR-A-PRICE
Date
2026-03-09
Actor
Rick Courtemanche, Deputy General Counsel, The Florida Bar
Institution
The Florida Bar (W016061-022526)
Mechanism
the records showing what the Bar spent on the law firm defending it against its own member were priced and made payable in advance, with the letter noting on its face that Florida law provides no waiver for indigency or public interest
What the law required
Article I, section 24(a) of the Florida Constitution presumes the record open and puts the burden of any barrier on the custodian. Rule 2.420(m)(3) carries section 119.07(4)'s fee terms into the judicial branch: a custodian may charge only what that statute allows, a special service charge tied to actual cost where a request requires extensive clerical or supervisory assistance.
What happened
On 3/9/26 the Bar's records office demanded prepayment before releasing the outside-counsel engagement and billing records it had identified. The letter states on its face that Florida law provides no fee waiver for indigency or public interest, and it states the Bar's own policy that "any time spent in excess of 30 minutes constitutes 'extensive labor' and will be charged." The records stayed behind the demand. Two more requests were priced afterward: $89.36 on 6/5/26 and $101.09 on 7/6/26 (N-116, N-129). [ONLY-FOR-A-PRICE]
Baseline deviation
The Florida Constitution presumes judicial-branch records open and puts the burden of justifying any barrier on the custodian, not the person asking. What matters is what sits behind the price: the records of the Bar's own use of member resources to retain outside counsel to resist a member's records requests. The Bar priced them, stated on the letter's face that no waiver exists, and produced none.
Receipt
  • Fee letter 3/9/26, request W016061-022526, signed Rick Courtemanche, Deputy General Counsel, p. 1; the $43.58 per hour IT Labor rate is on that page
  • Article I, section 24(a) and (c), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.420(m)(3); section 119.07(4), Fla. Stat.
  • Later fee gates: $89.36 (6/5/26, N-116) and $101.09 (7/6/26, W016548-070626, N-129)
  • Fee figures are per custodian and are never summed across custodians without listing each

Spawned by: N-079

This decision point also appears on: the full ledger.

N-0852026-03-20 -> ongoingMulti-forumthe regulator announced it would put Husband under oath, he agreed the same week without conditions, waived confidentiality, and invited the public; he renewed his availability repeatedly in writing, and as of August 20, 2026, 153 days later, no subpoena and no dates have issuedIGNORED
Date
2026-03-20 -> ongoing
Actor
Bar Counsel Jason Kelley (Florida Bar)
Institution
Florida Bar
Mechanism
the regulator announced it would put Husband under oath, he agreed the same week without conditions, waived confidentiality, and invited the public; he renewed his availability repeatedly in writing, and as of August 20, 2026, 153 days later, no subpoena and no dates have issued
What the law required
The First Amendment and Article I, section 4 of the Florida Constitution protect a citizen's truthful reporting on the courts and the Bar. Rule 3-7.3(b) of the Rules Regulating The Florida Bar requires bar counsel to investigate a sworn complaint; a regulator that announces it will take the respondent's sworn statement either takes it or withdraws the demand, and tells the respondent which statement it claims is false. A subpoena to a non-party witness is quashed on stated grounds and, where the rule requires them, on findings; a proceeding that decides facts has to let someone test them.
What happened

On March 20, 2026, Bar counsel told Husband the regulator would put him under oath: "I am going to send you a subpoena to appear in person for a sworn statement." Husband accepted three days later, without condition, waived confidentiality, and asked that the proceeding be public.

He renewed his availability in writing five times over the following months. On July 10 he wrote: "I agreed at once and without condition. More than 110 days have passed; no subpoena and no dates have issued. I renew my unconditional availability."

No subpoena and no dates have issued, 153 days as of August 20, 2026. In the same period every other witness Husband subpoenaed in this proceeding was released, quashed, or did not appear, with no protective order obtained for those who did not appear. [IGNORED: the announced statement was never taken, and the request for dates stands unanswered.]

Baseline deviation
Truthful reporting on the courts is protected speech. A regulator that announces it will take a respondent's sworn statement either takes it or withdraws the demand, and names the statement it claims is false. A witness who agrees without condition and renews his availability in writing cannot be the reason the statement never happened. A regulator may decide it does not need the statement after all. The record shows neither answer: it did not take the testimony, did not identify a false statement, and did not close the file.
Receipt
  • The 3/20/26 email and Husband's 3/30, 4/27, 5/13 and 7/10/26 follow-ups are carried verbatim in one document, the 7/10/26 as-sent letter (Gmail id 19f4d070ee6ec12a, sent 2026-07-10T17:15:34Z)
  • Full 3/20/26 announcement, 16-page chain PDF, Bar correspondence folder, p. 3: "It appears you have a lot to say, and I am going to give you the opportunity to make it all part of the record. I am going to send you a subpoena to appear in person for a sworn statement. I will send you some dates and give you your choice. I am expecting 3-4 hours."
  • Counsel's 3/19/26 message at p. 4; Husband's 3/19/26 12:10 PM reply at p. 3, "Can you tell me one statement that I've made that is false?"; Husband's 3/23/26 unconditional acceptance and his request that the proceeding be public, "I request that they be public and I would even invite the public to attend the deposition if that is an option," at p. 2
  • Renewals, enumerated: five, on 3/30, 4/17, 4/27, 5/13 and 7/10/26; the 4/17/26 1:05 AM email states the interval on its own face
  • Intervals machine-computed: 3/20/26 to 8/20/26 is 153 days; 3/20/26 to the 7/10/26 letter is 112 days
  • Negative, with scope: no subpoena, no dates, and no identification of any allegedly false statement appears in any document across the three swept Bar roots through 8/6/26, and no reply from that counsel after 3/20/26 appears there either
  • Other witnesses in the same period, each counted once at its own row and not recounted here: three quashed from the bench 5/29 (N-109), former counsel released with no findings (N-112), the circuit's records custodian released with no findings (N-113), a protective order signed about four hours after the proposed order reached chambers (N-123), four Bar officials quashed 7/7 with no written order in the following thirty-one days (N-130), two university witnesses who did not appear (N-145)
  • No fact originates here; every element is receipted on an underlying row

Spawned by: N-109, N-064

This decision point also appears on: the full ledger.

N-1052026-05-22Florida Barthe Bar told a court it "did not act" on the complaint and so never shared it with Wife's lawyer; two of its letters on that file carry "cc: Scott Paul Davis (with enclosure)," and a third letter says out loud why he was copiedPENDING
Date
2026-05-22
Actor
John Londot / Greenberg Traurig, for Florida Bar Recipients
Institution
The Florida Bar (in 1150)
Mechanism
the Bar told a court it "did not act" on the complaint and so never shared it with Wife's lawyer; two of its letters on that file carry "cc: Scott Paul Davis (with enclosure)," and a third letter says out loud why he was copied
What the law required
R. Regulating Fla. Bar 4-3.3(a)(1): a lawyer shall not knowingly make a false statement of fact to a tribunal, and the duty runs to correcting one the lawyer has made. Because a closed grievance file is public under Rule 3-7.1(b) and Article I, section 24(a), a filed statement about what the Bar did with that file is testable against the Bar's own letters on the same file.
What happened

On 5/22/26 the Bar's outside counsel filed Doc 309 for the four Bar recipients. Paragraph 5 states: "Mr. Hanson simply refuses to believe that such records were not produced because they do not exist—the Bar did not act on his complaint and so did not share it with or request a response from Mr. Davis."

Three things in the Bar's own record run against the first two clauses. Its closure letter recites a docket review. Its review letter describes three levels of internal review (N-055). Two Bar letters on that file, predating the statement, cc Scott Paul Davis with enclosure.

Husband put paragraph 5 to Judge Felix on 5/29/26. No one answered it. The same judge barred cross-examination on the Bar complaint (N-108), and later quashed all four Bar officials' subpoenas without a rule-factor finding (N-130). The determination remains pending. [PENDING]

Baseline deviation
A lawyer's statement of fact to a tribunal must be accurate, and it remains the lawyer's to correct after filing. This one was put to the judge seven days later and has never been answered or corrected. The sentence separates cleanly: 'did not request a response from Mr. Davis' is consistent with the record; 'did not act' and 'did not share it with' run against the Bar's own closure letter, its three-review letter (N-055), and two cc lines to Davis on the same file.
Receipt
  • Doc 309 paras. 1 and 5, filed 5/22/26; Husband's opposition is DIN 316, docket-confirmed, not 310
  • 5/29/26 Tr. 45:5-9
  • Closure letter: "In addition to the submitted documentation, I also reviewed the underlying docket in Hillsborough County Case No. 2024-DR-1150."
  • Review letter describes a Senior Staff Attorney investigation, a Director of Intake review, and a Grievance Committee Chair review of the same file (N-055)
  • The cc lines are on four letters: Huston 2/24/25 p. 1; Schuyler 9/24/25 p. 1; Wackes 6/16/26 p. 2; Wackes 7/24/26 p. 2
  • The stated reason is Gangi, Chair of Grievance Committee 13A, 9/23/25 p. 1: "I am also copying Mr. Davis on my response so that the attorney is aware that an additional review of this matter has taken place and that I am sustaining the former decisions to close this file as proper and correct."
  • SET SPLIT, load-bearing and it always travels: of the four cc letters, only Huston 2/24/25 and Schuyler 9/24/25 sit on RFA 25-6861, the file Doc 309 para. 5 is about, and only those two predate the 5/22/26 filing; Wackes 6/16/26 and 7/24/26 are on RFA 26-13570 and both postdate it. The set bearing on the filed sentence is those two, not four
  • SCOPE THAT ALWAYS TRAVELS: the enclosures are not identified on the cc lines, and the 9/24/25 body identifies its enclosure as a Bar document. No enclosure has been produced, so the record does not show that the complaint itself went to Davis
  • The 2/24/25 docket-review sentence is at Leon ROA p. 103 and 1150 Doc 200 p. 29
  • The 6/30/26 Answer Brief states the same posture in signed appellate form: the file "was closed without further investigation" and the review "was limited to the submissions and court records" (brief p. 24, PDF p. 30)
  • Cross-links: N-055, N-116, N-108 (Tr. 43:2-5), N-130 (7/7/26 Tr. 31:1-3)
  • The quoted paragraph contains an em dash in the original and is reproduced verbatim

Spawned by: N-055, N-058

This decision point also appears on: the full ledger.

NEW-P92026-05-22 -> ongoingFlorida Barthe Bar's own letter sent this complaint to its Tampa office for additional investigation; seventy-five days later the office running that investigation had not answered its own complainant's two requests to know whether anything was happeningPENDING
Date
2026-05-22 -> ongoing
Actor
The Florida Bar, Tampa Branch (Michelle Robertson, Bar Counsel, Lawyer Regulation; file TFB 2026-10,601(13C), the Cortes Hodz complaint)
Institution
The Florida Bar
Mechanism
the Bar's own letter sent this complaint to its Tampa office for additional investigation; seventy-five days later the office running that investigation had not answered its own complainant's two requests to know whether anything was happening
What the law required
R. Regulating Fla. Bar 3-7.3(b): bar counsel 'must investigate the allegations contained in any written complaint that is signed under oath.' Rules 3-7.3(a), 3-7.3(d), 3-7.4(j)(2) and 3-7.5(d) require written notice to the complainant, with reasons, of any decision not to pursue an inquiry, any dismissal, and any committee or board action. The Bar's own transfer letter said the complaint went to its Tampa office for additional investigation, and the time standard is whatever the Bar states for itself in writing.
What happened

On 5/21/26 the Bar transferred Husband's complaint against his former counsel to its Tampa Branch Office for additional investigation. He complied the next day, filing a litigation-disclosure notice listing six related proceedings. Bar Counsel replied the same day: "Thank you for the additional information. If you have any questions, etc., please let me know." That is the Bar's last substantive communication on the file.

He asked for status on 7/30 and 8/5/26: "I respectfully request a brief written status of the investigation. I remain ready to provide any additional documents". Neither request drew a reply. From 5/22 to 8/5 is 75 days.

Measured against the same institution's other files: this file drew a written response from the accused attorney by 3/11/26. On the Davis file, by the Bar's own brief, the file was closed without further investigation, and the lawyer was never asked anything. [PENDING]

Baseline deviation
The Bar's rules require investigation of a sworn complaint and written notice, with reasons, whenever it is declined, dismissed or acted on. The Bar's own letter said this complaint went to its Tampa office for additional investigation. Two written requests to learn whether that investigation was moving drew no reply in 75 days, from a complainant who kept offering evidence. This is the third file with the same shape: seventeen emails to three status formulas (NEW-P6), sixteen demands with no statement named (N-064).
Receipt
  • The 8/5/26 email chain on the Hodz complaint, File 2026-10,601, received 8/17/26, all 3 pages, containing the 5/21 transmittal, the 5/22 litigation notice and reply, and the 7/30 and 8/5 requests
  • 7/30/26 request: it had "been at least a couple of months since I've heard anything," requesting someone contact him "for details and additional information about the violations that was difficult to fit in the complaint"
  • 8/5/26 request, full text: "I respectfully request a brief written status of the investigation. I remain ready to provide any additional documents, correspondence, sworn statement, or other information."
  • 75 days computed 5/22 to 8/5/26 (9+30+31+5)
  • Complainant-notice provisions quoted from the official Rules Regulating The Florida Bar Chapter 3 text, 2019 edition, pulled 8/17/26; current-edition text not yet confirmed, and amendments through 2025 exist.
  • Interval check run 8/17/26 against the full official Chapter 3 text: NO rule sets a 15-day-after-request or every-90-day complainant-update interval; the 90-day figure in circulation is the referee's post-appointment deadline, a different stage, plus informal contact-the-agency guidance
  • The accused attorney's 3/11/26 written response, filed in the Leon mandamus matter, pp. 1 and 5, opening "Thank you for your letter of February 24, 2026"; pp. 6-25 are enclosures and were not read
  • The Davis-file comparison is the Answer Brief, 1D2026-0728, brief p. 24 (PDF p. 30)
  • The no-reply negative covers the captured chain and the tree as swept 8/17/26.
  • See also N-032 (the caption comparison) and N-083 (the respondent's own filing)

Spawned by: N-032, N-083

This decision point also appears on: the full ledger.

N-1162026-06-05Florida Barthe Bar reported the file destroyed while the appeal about that very file was pending, and named no disposal date, no schedule provision and no one who authorized itDENIED
D.E.V.I.L. misalignment analysis: Deviation · Expected output · Verified facts and law · Independent encounter · Law
D
Deviation

The Bar destroyed the records of how it handled Husband's complaint, and any record supporting its closure, after Husband sued to get them. Its Deputy General Counsel reported them "disposed of" and "no longer available," naming no date, provision, or authority.

E
Expected output

Art. I, s. 24(a) presumes the Bar's records open. Records sought in a pending records lawsuit are preserved, and a custodian that reports records gone states when they went, under which provision, and on whose authority. The Florida Bar knows better than to destroy records sought in litigation. Its own Deputy General Counsel taught the rule: "If you have the record, it must be produced even if it could have been disposed of under your retention schedule."

V
Verified facts and law
  • Feb. 24 to Dec. 17, 2025: the closure letter set the disposal date: "the computer record and file of this matter will be disposed of one year from the date of closure," Feb. 24, 2026. Husband requested the records on Nov. 10 and sued for them in Leon County on Dec. 17, 2025. The Bar's own motion describes the request as "all records related to his Bar complaint." N-116, N-150, FNEW-B2
    Read them: Closure letter, Feb. 24, 2025 (record on appeal p. 103) (link pending redacted copy)
  • June 3 to 5, 2026: Husband asked for records of what the Bar did with his messages before assuring him of "investigation by a Senior Staff Attorney" (Category 1), and for any record supporting the closure (Category 3). Category 1: "The requested records relating to RFA 25-6861 have been disposed of pursuant to judicial branch and bar records retention schedule and are no longer available." Category 3: the same, then "In any event, The Florida Bar has no responsibility to identify records that might support your claims." Appeal 1D2026-0728 was pending when the letter was written. N-116, N-055
    Read them: Courtemanche letter, June 5, 2026 (link pending redacted copy)
  • July 16 to Aug. 6, 2026: asked for the audit trail and purge logs showing how the file was disposed of, the Bar priced them at $2,614.80. Asked three times to confirm that nothing would be disposed of while the appeal is pending, its General Counsel's entire answer: "As stated before, the bar's legal hold remains in place." N-132, N-150
    When were the records of RFA 25-6861 destroyed, under which provision of which retention schedule, and on whose authority?
I
Independent encounter

Deputy General Counsel Rick Courtemanche (the June 5 letter). General Counsel Gypsy Bailey (the Aug. 6 answers). One complaint file, one records request, one letter. Every duty here arises from Article I, section 24 and the Bar's own retention notice on this file alone; no other card is needed to establish it.

L
Law: the authority that creates the duty

Art. I, s. 24(a), Fla. Const. presumes the Bar's records open and puts the burden of any withholding on the custodian. The Bar's own motion concedes its records "are governed by" Rule 2.420, and Rule 2.420(m)(2) requires a written basis for any denial.

The details are where it lives: full record, receipts, related cards
Date
2026-06-05
Actor
Richard Courtemanche, Deputy General Counsel
Institution
The Florida Bar (W016446-060426)
Mechanism
the Bar reported the file destroyed while the appeal about that very file was pending, and named no disposal date, no schedule provision and no one who authorized it
What the law required
Article I, section 24(a) of the Florida Constitution presumes the record open and puts the burden of any withholding on the custodian; Rule 3-7.1(b) made this closed file public. Records that are the subject of pending appeal 1D2026-0728 and of a written litigation-hold demand are preserved. The Bar's own Deputy General Counsel teaches the rule: 'If you have the record, it must be produced even if it could have been disposed of under your retention schedule.'
What happened

On 6/5/26 the Bar's Deputy General Counsel stated that the records of RFA 25-6861 "have been disposed of pursuant to judicial branch and bar records retention schedule and are no longer available." Appeal 1D2026-0728 was pending when he wrote it. His letter names no disposal date, no schedule provision and no authorizer.

Eleven days later, a second Davis complaint's closure letter calendared that file for disposal too, one year out, in the same words: "In light of the foregoing, this file has been closed effective June 16, 2026. Pursuant to the Bar's records retention schedule, the computer record and file of this matter will be disposed of one year from the date of closure." What matters is what was disposed of during a pending appeal, and the three facts the statement leaves out. [DENIED]

Baseline deviation
Records subject to a pending appeal cannot be destroyed while it is pending, and a custodian who says a record is gone can state when it went, under what provision, and on whose authority. Article I, section 24(a) presumes records open and puts that burden on the custodian. The file reported destroyed would show how the complaint at N-031 was handled, which the Bar's own papers describe three ways (N-055, N-077, N-105). None of the three required facts appears here.
Receipt
  • Courtemanche letter 6/5/26, request W016446-060426; the $89.36 Category 2 charge recomputes exactly as $65.89 attorney plus $23.47 clerical.
  • Wackes letter 6/16/26 p. 2 for the second file's clock, wording identical to Huston 2/24/25 p. 1.
  • Huston retention sentence at Leon ROA p. 103; Schuyler restatement at Leon ROA p. 642, 7/16/25, filed by the Bar's own counsel as Composite Exhibit A with a judicial-notice request at ROA p. 626.
  • Closure 2/24/25, one year from closure is 2/24/26; records request made 11/10/25; Leon petition filed 12/17/25; dismissal order entered 2/13/26 and rehearing denial 2/24/26, the same calendar day the announced disposal date fell.
  • Authorities the Bar relies on for declining to identify records: Bivens v. Tony, 368 So. 3d 16 (Fla. 4th DCA 2023) and Doe v. DeSantis, 390 So. 3d 1245 (Fla. 1st DCA 2024); reporter cites for both not yet confirmed.
  • The Leon action's pendency is stated here against the 2/24/26 disposal date; the arithmetic has not been independently rechecked.

Spawned by: N-079, N-105

This decision point also appears on: the full ledger.

N-1212026-06-16Florida Barthe second complaint arrived with a written conflicts notice on its face, and closed in 23 days without a word about the conflicts, from an institution that was at that moment an active defendant in the complainant's pending lawsuit against itDENIED
Date
2026-06-16
Actor
Christopher Stephen Wackes
Institution
The Florida Bar (RFA 26-13570)
Mechanism
the second complaint arrived with a written conflicts notice on its face, and closed in 23 days without a word about the conflicts, from an institution that was at that moment an active defendant in the complainant's pending lawsuit against it
What the law required
R. Regulating Fla. Bar 3-7.3(b): bar counsel 'must investigate the allegations contained in any written complaint that is signed under oath as provided in this rule,' and 3-7.3(d) permits dismissal only 'after complete investigation.' The resubmission was keyed to Rules 4-3.1, 4-3.2, 4-3.3, 4-3.4, 4-4.4(a) and 4-8.4, rules that govern a lawyer's conduct in litigation. A written conflicts notice to an institution that is a defendant in the complainant's pending suit against it calls for a written answer before the institution acts on the complaint.
What happened

On 6/16/26 Bar counsel closed Husband's second complaint against Wife's counsel in 23 days. The letter named no rule of professional conduct, made no finding on most allegations, and said nothing about the conflicts notice. Its one adverse finding: "A review of court records indicates that the appeal was disposed of prior to the hearing mentioned in your complaint." It closed with the same door the first closure offered: a supporting court order would reopen review.

That condition was already met by Exhibit A, the 11/20/24 order compelling Wife's compliance with mandatory disclosure and awarding Husband fee entitlement (N-009), which the letter never mentions. The exit it names is one the court has repeatedly declined to open, refusing more than once to find any fact. Exhibit A runs against the party, not her counsel. That gap has a real answer available. The Bar has not given one. [DENIED]

Baseline deviation
The Bar's rule states the duty plainly: 'Bar counsel must investigate the allegations contained in any written complaint that is signed under oath as provided in this rule.' This resubmission was keyed rule by rule to the docket and named the conflicts on its face. The conflicts run two layers deep: the Bar was a defendant in Husband's pending suit when it closed this complaint in 23 days, and the 2026 complaint sits atop its handling of the 2025 file. The closure names no rule and says nothing about the conflicts.
Receipt
  • Wackes letter 6/16/26, RFA 26-13570, pp. 1-2; the adverse stay/appeal finding is on p. 1. The full condition sentence includes the affirmative promise.
  • The 5/24/26 complaint with the conflicts notice on its face.
  • Exhibit A is the 11/20/24 "Order Granting Respondent's Motion to Compel Petitioner's Compliance with Mandatory Disclosure (Hon. K. Ayers)," 1150 Doc 054 (N-009).
  • Pending-litigation posture on 6/16/26: Leon County 2025-CA-2469 and the appeal 1D2026-0728.
  • Rule 3-7.3(b) is quoted in full from the current rule. Rules 3-7.3(c) and (d) are read in the June 30, 2026 edition (print pp. 116-117). The same rule permits dismissal only "after complete investigation."
  • Court-side receipts for the locked exit: N-091 (4/17/26 Tr. 181, findings refused six times); N-108 (5/29/26 Tr. 53:9-15, "Are you ever going to find any facts about my constitutional rights?" answered "Maybe."); N-046 (4/22/25, misconduct named against both parties only); 7/7/26 PM Tr. 31:17-18 ("I'm not going to answer that question.").
  • 23 days computed 5/24 to 6/16/26. The Della-Donna year misprint is noted, not weaponized.

Spawned by: N-031

This decision point also appears on: the full ledger.

N-1242026-06-19Florida Barthe routine request got the routine answer in twenty days; the conflicts notice, the litigation hold and the request for executive-committee review drew nothing in writing from anyonePARTIAL
Date
2026-06-19
Actor
Bar leadership (Orr, Greenlee, Baker-Barnes, Doyle, et al.)
Institution
The Florida Bar
Mechanism
the routine request got the routine answer in twenty days; the conflicts notice, the litigation hold and the request for executive-committee review drew nothing in writing from anyone
What the law required
Standing Board Policy 15.75 provides for review of a staff-level closure on the complainant's written request made within 30 days, with a written explanation of the reasons; the 7/4/26 request came on day 18. Records that are the subject of pending appeal 1D2026-0728 and a written litigation-hold demand are preserved. A conflicts notice and a request for executive-committee review, sent to an institution that is a defendant in the complainant's suit against it, call for a written answer from someone with authority to give one.
What happened

On 6/19/26, the new Bar president's swearing-in day, Bar leadership received the full record, a litigation-hold demand, and a request for a conversation. No named officer replied in writing. A nine-point objection followed on 7/4/26, asking the Bar to "proceed with all additional review and oversight options relating to my complaint," including review through the executive committee.

Twenty days later, on 7/24/26, the Bar answered that one point only: the Director of ACAP "will review this file and decide if closure was appropriate." That review may take up to 60 days. The letter does not mention the conflicts notice, the litigation hold, or the executive-committee request, and no named officer answered personally in any document in the file. Through 8/7/26, forty-nine days, no named officer replied at all. Several officer addresses reportedly bounced and were later corrected, though no bounce notice confirms it. [PARTIAL]

Baseline deviation
Policy 15.75 review was granted in writing twenty days after it was requested: the routine request got the routine answer. The three requests that reached the institution itself, the conflicts notice, the litigation hold and executive-committee review, produced no writing from any named officer. The Bar answered where a form existed and not where a decision would have been required.
Receipt
  • The 6/19/26 send as an as-sent PDF.
  • The 7/4/26 objection as sent, 6:16:15 PM EDT, preserved as.eml with a true-copy PDF read from its text layer, not from a page image.
  • The Bar's answer, Wackes letter 7/24/26 p. 2, granting ACAP Director review of the RFA 26-13570 closure, scanned as received, on letterhead naming Joshua E. Doyle as Executive Director; the board of governors policy the letter says is attached is NOT in the scan.
  • All seven pages of the 6/11/26 email to Bar leadership were rendered and contain NO bounce notice; the stored file's name asserts a bounce the document does not show, and the bounce assertion must not be repeated as fact until a notice is filed. The message itself and its twelve-address recipient list are at p. 1.
  • Forty-nine days computed 6/19 to 8/7/26, scoped to the matter's Bar correspondence file and its Gmail archive.
  • The 7/24/26 letter also carries "cc: Scott Paul Davis (with enclosure)" at p. 2 (N-105).

Spawned by: N-116, N-121

This decision point also appears on: the full ledger.

N-1262026-06-301D DCAthe appeal is where the Bar wrote its positions down: the grievance file "was closed without further investigation," it would be "obligated" to produce Davis communications if the file held any, and no one may compel discipline or appeal a non-discipline decisionPENDING
Date
2026-06-30
Actor
The Florida Bar, appellees in 1D2026-0728, by Keating and Londot, Greenberg Traurig
Institution
1D2026-0728
Mechanism
the appeal is where the Bar wrote its positions down: the grievance file "was closed without further investigation," it would be "obligated" to produce Davis communications if the file held any, and no one may compel discipline or appeal a non-discipline decision
What the law required
Article I, section 24(a) of the Florida Constitution and Rule 2.420(l)(2) place enforcement of the access right against a non-judge custodian in the circuit court. The First District reviews a dismissal for failure to state a claim de novo, taking the verified petition's allegations as true; Rule 1.630(d)(2) requires an alternative writ on a prima facie showing, and a disputed allegation that a record exists is decided after a hearing (Consumer Rights, LLC v. Bradford County, 153 So. 3d 394 (Fla. 1st DCA 2014)).
What happened

On 6/30/26 the Bar appellees filed their Answer Brief in 1D2026-0728. It states that "Mr. Hanson's grievance file against Mr. Davis was closed without further investigation," and that because review was limited to submissions and court records, the file held no communications with Davis. In a footnote it concedes the condition on which its production duty binds: "If the grievance file contained information pertaining to communications with Mr. Davis, the Bar would be obligated to provide it."

The brief also restates settled law that a person has neither the right to compel discipline nor standing to appeal a non-discipline decision, and describes the 2/24/25 closure as a no-jurisdiction finding, wording absent from the letter. The appeal record carries the Bar's own letters, including a 9/24/25 letter describing a Senior Staff Attorney investigation and two further reviews of the same file the brief says was closed without further investigation (N-055). [PENDING]

Baseline deviation
An appeal reviews whether a case was rightly ended. This one asks whether a verified records petition could be dismissed with prejudice on an unsworn assertion that the records do not exist, before the opposition was filed and without a hearing (N-079). No decision has issued. What the appellate papers supply is the regulator's positions in writing and unhedged, and two concede more than any letter did: the file 'was closed without further investigation,' and the Bar 'would be obligated to provide' Davis communications if the file held any.
Receipt
  • Answer Brief of Appellees, 1D2026-0728, filed 6/30/26, Filing 251514921, 34 PDF pages and 28 numbered, signed M. Hope Keating and John K. Londot, held in the appeal's brief file.
  • Quotes at PDF pp. 8 (brief p. 2, the "no jurisdiction" characterization), 18 (brief p. 12, the standing sentence), 30 (brief p. 24, both admissions), and 31 (brief p. 25 fn. 3, the conditional concession).
  • Precision note, load-bearing: "no jurisdiction" is the BRIEF's phrase, anchored to Standing Board Policy 15.75(d)(1), and does NOT appear in the Huston letter; attribute the phrase to the brief and the deferral language to the letter.
  • Composite Exhibit A to the 1/27/26 motion to dismiss with the judicial-notice request at Leon ROA p. 626; the letters at ROA pp. 640-643.
  • Underlying letters quoted by the brief at ROA pp. 44 and 103.

Spawned by: N-079

This decision point also appears on: The Appellate Courts, the full ledger.

N-1292026-07-04 -> ongoingFlorida Bara dues-paying member asked who funds the outside firm his own Bar retained against him, four times between July 4 and July 11, the first two fifty-six minutes apart the same evening; the Bar answered the question with a price, $101.09, and has never given the answer itselfONLY-FOR-A-PRICE
Date
2026-07-04 -> ongoing
Actor
The Florida Bar (Richard Courtemanche, Deputy General Counsel; Gypsy Bailey, General Counsel); demand directed also to Jason Kelley and to outside counsel John Londot
Institution
The Florida Bar (PRR W016548-070626; prior W016061-022526 and W016446-060426 Category 2)
Mechanism
a dues-paying member asked who funds the outside firm his own Bar retained against him, four times between July 4 and July 11, the first two fifty-six minutes apart the same evening; the Bar answered the question with a price, $101.09, and has never given the answer itself
What the law required
Article I, section 24(a) of the Florida Constitution presumes the records open and puts the exemption burden on the custodian; Rule 2.420(m)(2) requires the basis for any denial in writing, and 2.420(m)(3) limits fees to those section 119.07 allows.
What happened

The Bar retained Greenberg Traurig to defend it in Husband's Leon County records action, to carry the appeal, and to move in the family case to quash the subpoenas of four Bar officials. Husband pays dues to that Bar. He asked who funds the engagement four times between 7/4/26 and 7/11/26, including a formal records request, Category D, seeking records identifying who authorized the engagement and its funding source.

What came back was a price: $101.09, on a 30-day pay-or-close clock. On 8/6/26 the General Counsel answered the fee questions in detail, confirming the financial records exist, but did not say who pays. No exemption and no denial was ever asserted as to Category D. Two earlier requests also went unproduced behind fees, $254.67 (N-082) and $89.36 (N-116). As of August 10, 2026 the records had not been produced and the Bar had not said who pays. [ONLY-FOR-A-PRICE]

Baseline deviation
The cost of answering is the measure: one sentence, and the Bar's own counsel confirmed Finance and Accounting had already located the records. No exemption was claimed and nothing was refused; the request was priced. Husband pays mandatory dues to the Bar that retained the firm against him; who pays for the engagement is exactly what the request asked. It was asked four times and remains unanswered.
Receipt
  • Demands: (1) 7/4/26 6:16:15 PM objection letter item 8; (2) 7/4/26 7:12:36 PM records request Category D (the companion file marked MISDIRECTED and resent; the 7:12 PM version is operative); (3) 7/10/26 1:15 PM email sec. 1; (4) 7/11/26 8:35:37 PM Request 5.
  • The four demands run 7/4/26 to 7/11/26; demands (1) and (2) are fifty-six minutes apart the same evening (6:16:15 PM and 7:12:36 PM).
  • 7/4/26 6:16 PM letter: "I am a dues-paying member of The Florida Bar. As a member, I object to that allocation of the Bar's resources, and I ask the Bar's leadership to account for it."
  • 7/10/26 email: "Please confirm in writing the funding source for that engagement, including whether it is paid from mandatory member dues."
  • Courtemanche's fee letter: "The bar is not obligated to divide its efforts by category, regardless of whether you accept our prior estimate."
  • Responses: Courtemanche 7/6/26 acknowledgment and $101.09 estimate; Bailey 8/6/26 7:00 PM inline reply that Finance and Accounting "had to produce these records and spent more time than our customary 30-minute period"; "The bar will not waive the $101.09 estimate"; the clerical hours were to "locate the records and pull records that do not contain confidential attorney-client information".
  • W-number mapping, counterintuitive on its face: W016548-070626 is the Greenberg Traurig BILLING request; W016547 is the RETENTION and DISPOSITION request.
  • Keller v. State Bar of California, 496 U.S. 1 (1990), and Janus v. AFSCME, Council 31, 585 U.S. 878 (2018), both cited in the demand; reporter cites verified 9/15/26.
  • Fla. R. Gen. Prac. & Jud. Admin. 2.420(m)(2) and (m)(3); section 119.07(4), Fla. Stat.
  • The 6/19/26 letter contains no Greenberg Traurig, dues or funding-source content, across all 10 of its pages.
  • The 7/15/26 ESI demand and the 7/23/26 followup name the firm but contain no funding ask; the 8/5/26 fee letter deliberately omits it.
  • Searched for any Bar answer on funding, and none appears in: the Bar correspondence and JQC file, the Leon mandamus matter, the 1D2026-0728 appeal file including the 6/30/26 Answer Brief, and the node ledger.

Spawned by: N-082, N-105, N-131

This decision point also appears on: the full ledger.

NEW-P102026-07-07Florida Barthe Bar's lawyer told a judge he had a "spidey-sense" about the other side's mental health, said he is not a doctor, and advised the self-represented father to spend better time with his children; the objection was immediate and drew no answer, correction, or withdrawalIGNORED
Date
2026-07-07
Actor
John Londot, Greenberg Traurig (outside counsel for the Bar recipients)
Institution
The Florida Bar (through outside counsel, in open court)
Mechanism
the Bar's lawyer told a judge he had a "spidey-sense" about the other side's mental health, said he is not a doctor, and advised the self-represented father to spend better time with his children; the objection was immediate and drew no answer, correction, or withdrawal
What the law required
Rule 4-8.4(d) of the Rules Regulating The Florida Bar bars conduct "prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants," and Rule 4-4.4(a) provides that a lawyer "may not use means that have no substantial purpose other than to embarrass, delay, or burden a third person." A statement to a tribunal about an opposing party's mental health, prefaced by the speaker's own "I'm not a doctor," carries no evidentiary support by its terms. A timely objection calls for a ruling from the court; this one drew none, and counsel neither corrected nor withdrew the statement.
What happened
At the 7/7/26 afternoon hearing, counsel for the Bar recipients told the court: "I got a very strong spidey-sense, and I'm not a doctor, but I think there are -- is some emotional mental difficulties happening there. I heard Mr. Hanson acknowledge that," adding that he hoped Husband would recalculate and devote better family time than litigation. Husband objected on the record: "Mr. Londot's comments about my mental health status, and how I should be spending time with my children are unconscionable." Neither counsel nor the court addressed the objection. No correction and no withdrawal appears anywhere in this record. [IGNORED]
Baseline deviation
Husband had already said it himself, at the same hearing: "The Florida Bar is even well aware of some emotional and mental difficulties that I've had". Husband has had some physical and mental health challenges; his own testimony stays verbatim. What followed is the deviation: a lawyer offered the diagnosis-shaped statement anyway, disclaiming his own qualification, and moved from that to how Husband should spend time with his children. The objection is in the same transcript, unanswered.
Receipt
  • 7/7/26 PM transcript (Guldin, certified 7/13/26), 23:15-26:4: the two quoted lines at 25:8-21; the objection at 26:10-16; the phone-call statements at 24:20-21, 25:7-8 and 26:17-19.
  • Rule text: Rules Regulating The Florida Bar 4-4.4(a) and 4-8.4(d), official June 30, 2026 print.
  • Husband's own same-hearing statement, "The Florida Bar is even well aware of some emotional and mental difficulties that I've had" (18:24-19:1), is what "I heard Mr. Hanson acknowledge that" points at, and it leads the baseline above.
  • Counsel: "when I first got the file I called Mr. Hanson" and Husband "refused to talk to me on the phone any more." Husband: "I never got on the phone with him. We had an e-mail communication."
  • His 7/9 email calls the Bar this lawyer's "client and co-conspirator" and announces him and his firm as federal defendants.

Spawned by: NEW-P5

This decision point also appears on: the full ledger.

NEW-P52026-07-07Florida Barthe Bar's lawyer won the ruling, accepted the court's assignment to write the order, and for 56 days the ruling did not exist as an order, so the party that lost it had nothing to appeal; the order entered on 9/1/26 states no ground and addresses no witnessIGNORED
Date
2026-07-07
Actor
John Londot, Greenberg Traurig (drafting counsel for the Bar recipients); Judge Felix (bench grant, assignment)
Institution
The Florida Bar (outside counsel), in 13th Cir. 24-DR-001150
Mechanism
the Bar's lawyer won the ruling, accepted the court's assignment to write the order, and for 56 days the ruling did not exist as an order, so the party that lost it had nothing to appeal; the order entered on 9/1/26 states no ground and addresses no witness
What the law required
Counsel who accepts a tribunal's assignment to prepare an order performs it or states why not. The court asked, 'Mr. Londot, will you please prepare an order?' and he answered 'Yes.' (7/7/26 PM Tr. 31:4-8). Until a written order is entered the ruling binds no one and cannot be appealed, so the party that lost it has nothing to take up.
What happened
On 7/7/26 the court granted the Bar recipients' motion to quash from the bench, gave one ground, and asked the Bar's outside counsel to prepare the order. He accepted on the record. No deadline was set. That evening he emailed the proposed order to an address Husband says he had directed him in writing three weeks earlier not to use. Husband found it and objected two days later, on 7/9/26, raising constitutional issues and stating that the proposed order offered no explanation for the decision and should address each witness and the relevance of their testimony. No reply ever came. No revised order issued. On 9/1/26, 56 days after the bench ruling, the court signed a one-page order granting the motion that states no ground and addresses no witness; it is dated "this ______ day of August, 2026" over the 9/1/26 electronic signature and was docketed 9/2/26 (Doc 378). [IGNORED]
Baseline deviation
A lawyer who accepts a drafting assignment either finishes it or says why not. The court asked, "Mr. Londot, will you please prepare an order?" and he answered "Yes." A bench ruling that never becomes a written order binds no one and cannot be appealed, so the party holding the unwritten win keeps it. Until 9/1/26 this was the fourth unwritten ruling on this record (N-060, N-074, N-092, N-090). Three other orders were entered within about a day (N-123, N-128, N-134).
Receipt
  • 7/7/26 PM transcript (Guldin, certified 7/13/26): bench grant at 29:24-25, the single stated ground at 31:1-3, the assignment and acceptance at 31:4-8. The 31:4-8 duty anchor has not been checked against a page image.
  • The 7/9/26 email to Londot: "As far as the proposed order, I object. I have raised constitutional issues. The proposed order fails to offer any explanation or basis for the decision." It goes on to ask that each witness and the relevance of their testimony be addressed and that objections be noted if submitted as is. Both pages; no reply and no new proposed order followed.
  • The written order is Doc 378, e-signed 9/1/26 4:01:11 PM and docketed 9/2/26: one page, no ground stated, no witness addressed, dated "this ______ day of August, 2026" over the 9/1/26 signature. No deadline was set for the order, so the claim here is not a missed deadline; it is 56 days of silence against an accepted assignment.
  • The 6/16/26 address directive rests on Husband's 7/9 account only and the native 6/16 message has not been located (documented negative 8/18/26).
  • The 7/9 message asserting "I have never emailed you from this email address other than to request that you NOT use it" was itself sent from that address, per its From line.
  • No rule is cited here. Velocity comparators: N-123 (about 4 hours), N-128 (about 19h54m), N-134 (about 25 hours). Unwritten-ruling family: N-060, N-074, N-092, N-090, N-133.
  • The same hearing's commentary about Husband's mental health is its own card, NEW-P10.

Spawned by: N-129

This decision point also appears on: the full ledger.

N-1322026-07-16Florida Barthe last remaining records, the ones showing how, when and by whom the Bar's file was destroyed, were priced at $2,614.80 in advance; the figure is exactly 60 hours at the Bar's own internal IT rate, with nothing in it for the vendor whose involvement is the stated reason the price does not changeONLY-FOR-A-PRICE
Date
2026-07-16
Actor
Gypsy Bailey, General Counsel and Division Director, Ethics and Consumer Protection, The Florida Bar
Institution
The Florida Bar (Rule 2.420 request, Category F: audit-trail, metadata, user-access and purge-log records for RFA 25-6861)
Mechanism
the last remaining records, the ones showing how, when and by whom the Bar's file was destroyed, were priced at $2,614.80 in advance; the figure is exactly 60 hours at the Bar's own internal IT rate, with nothing in it for the vendor whose involvement is the stated reason the price does not change
What the law required
Article I, section 24(a) of the Florida Constitution gives every person the right to inspect judicial-branch records, and access is the presumption; section 24(c) permits exemptions only where created by law with specificity. The burden of justifying a withholding or a barrier to access rests on the custodian, not the requester. The Bar invoked section 119.07(4)(d), Florida Statutes, which permits a special service charge only where the request requires extensive use of information technology resources or extensive clerical assistance, and provides that the charge "shall be reasonable and shall be based on the cost incurred." Fla. R. Gen. Prac. & Jud. Admin. 2.420(m)(3) carries the same limit into the judicial branch. Subdivision (m)(2) requires the custodian to state the basis for a denial in writing. The lawful path in one sentence: produce the cost calculation behind the figure, the systems queried, the tasks, the hours per task, the personnel classification and rate for each, and the vendor charge stated separately, or reduce the charge to the cost actually incurred.
What happened
On 7/16/26 at 2:56 PM the Bar priced the last outstanding category, the audit-trail, metadata, user-access and purge-log records showing how the RFA 25-6861 file was disposed of, at $2,614.80: "Under Rule 2.420(m)(3) and FS §119.07(4)(d), the bar would have to engage in extensive labor to produce such records, and the estimate for this work is $2,614.80. The records will not be provided until payment is made. If you do not reply within 30 days from the date of this response, we will assume that you no longer wish to receive the records and your request will be closed." Asked to itemize, the Bar answered 70 minutes later, on 7/17/26 at 12:15:17 PM, in three lines: "The estimate remains the same for both, as both will involve approximately 60 hours of IT time and working with our vendor for the items you requested," then "See 1 above.", then "As previously stated, Categories A-E have been produced, and Category F has not." On 8/6/26 at 3:00 PM the same author wrote: "The system the bar uses for disciplinary matters, including complaints against members, may have all this information but we have no access to it. We do not know what the vendor would charge to build the necessary access, how long it would take for the vendor to program that for the bar, what the bar's IT department would have to do to produce such data after the vendor completes any build, etc. I consulted with the bar's IT department to arrive at that estimate, and it is just that – an estimate." The arithmetic is checkable by anyone. $2,614.80 divided by 60 hours is $43.58 to the cent, with no remainder, and $43.58 per hour is the IT Labor rate printed on the Bar's own 3/9/26 letter, where it appears as "$43.58 per hour x 0.5 hours = $21.79" and also recomputes exactly (N-082). So the figure is 60 hours at the Bar's internal rate and nothing else, in a price whose stated justification is "60 hours of IT time and working with our vendor." The Bar's reconciliation is available: the 60 hours is an estimate of unknown work. What that reading costs is the scope answer, because an estimate built on admittedly unknown vendor and IT inputs cannot also be the reason the same figure prices one file and two files alike. The Bar answered every one of these letters promptly and in substance: a 7/16 reply to a 7/15 letter, a 7/17 reply in 70 minutes, and an 8/6 reply about 24 hours after the 8/5 letter, answering line by line. The specific questions still went unanswered. [ONLY-FOR-A-PRICE]
Baseline deviation
The Florida Constitution presumes judicial-branch records open, and section 24(c) permits exemptions only where created by law with specificity. The burden of justifying any barrier to access sits with the custodian, never with the person asking. Florida law permits a special service charge only where a request requires extensive labor, and the charge "shall be reasonable and shall be based on the cost incurred." The lawful path is one sentence: produce the cost calculation behind the figure, the systems queried, the tasks, the hours per task, the personnel classification and rate for each, and the vendor charge stated separately, or reduce the charge to the cost actually incurred. Instead the itemization request came back pointing at the aggregate, and three weeks later the author wrote that the vendor cost, the vendor timeline and the Bar's own IT scope are all unknown.
Receipt
All three 2026 messages were read from the native Gmail messages on 9/26/2026 and every quoted sentence matches the tree captures: the Bar's 7/16/26 response to the 7/15 six-category records request carrying the $2,614.80 estimate; Bailey's 7/17/26 inline reply received 12:15 PM ET (60 hours of IT time plus vendor, same estimate for both scopes, Categories A-E produced and F not); and Bailey's 8/6/26 General Counsel responses on W016548 and W016547, fee waiver and itemization. The $43.58 IT Labor rate is confirmed against the rendered page of the 3/9/26 prepayment letter, p. 1; the $2,614.80 figure is confirmed against the native 7/16/26 message. Fee sequence recomputes: $254.67 + $89.36 + $101.09 + $2,614.80 = $3,059.92. Article I, section 24(a) and (c), Fla. Const.; section 119.07(4)(d), Fla. Stat.; Fla. R. Gen. Prac. & Jud. Admin. 2.420(m)(2) and (m)(3).

Spawned by: N-129, N-116, N-082

This decision point also appears on: the full ledger.

N-1532026-07-24Florida Barthe Bar assigned the review of its closure to an official the complainant's conflicts notice had named, said the review could take 60 days, and on day 60 had no decision and no answer to who assessed the conflictsIGNORED
Date
2026-07-24
Actor
The Florida Bar: Shanell Schuyler, Director of ACAP/Intake (assigned 7/24/26); Gypsy Bailey, General Counsel (9/11/26 status reply); Christopher Stephen Wackes, Bar Counsel (7/24/26 grant letter)
Institution
The Florida Bar (RFA 26-13570)
Mechanism
the Bar assigned the review of its closure to an official the complainant's conflicts notice had named, said the review could take 60 days, and on day 60 had no decision and no answer to who assessed the conflicts
What the law required
R. Regulating Fla. Bar 3-7.3(b): bar counsel 'must investigate the allegations contained in any written complaint that is signed under oath as provided in this rule.' The review runs under Standing Board Policy 15.75: the ACAP/Intake director 'will review bar counsel's decision to close' and may agree with the closure, reopen the matter, or forward it to the grievance committee (15.75(e)), and 'at each level of review, bar counsel will inform the complaining witness and respondent or respondent's counsel of actions taken or decisions made' (15.75(c)). The policy sets no deadline; the 60 days is the Bar's own written estimate.
What happened
On July 24, 2026 the Bar granted review of the June 16 closure (N-121): "Each of these reviews may take as long as 60 days to complete." Day 60 was September 22. On September 11 the General Counsel wrote that the review was assigned on July 24 to Shanell Schuyler, Director of ACAP/Intake, and that "it is likely that the review will not be completed until sometime in October." Asked what safeguards addressed the conflicts, she answered that the file "was assigned to Ms. Schuyler under Standing Board Policy 15.75." The May 24 conflicts notice had named Ms. Schuyler. On September 23 Husband asked five status questions and the conflict questions again, with a reply requested by close of business September 24. The General Counsel replied on September 24 at 10:30 AM: the file 'is still under Ms. Schuyler's review,' she 'conducts a de novo review of each file, and some reviews take longer than others to complete,' and notice will come in writing. Asked that evening what actions had been taken since July 24 and whether any recusal standard applies to the Director, she replied on September 25: Ms. Schuyler 'is reviewing the file to determine whether closure was appropriate or whether further investigation is warranted,' the file 'remains in closed status,' and she 'will review all materials submitted and conduct an independent investigation.' As of September 26, the five status questions, who assessed the conflicts, and why the Director who upheld the first closure is reviewing the second remain unanswered. [IGNORED: status and conflict questions]
Baseline deviation
A review with a stated length ends with a decision or a new date and a reason, and the Bar's own policy requires bar counsel to tell the complainant the 'actions taken' at each level of review. The questions asked were who is deciding, what has been done, and how the conflicts were handled. Each has a one-line answer.
Receipt
  • Wackes letter 7/24/26 granting Director review, RFA 26-13570
  • Bailey email 9/11/26
  • Husband's email 9/23/26 1:21 PM (as sent)
  • Conflicts notice 5/24/26 p. 1
  • Bailey emails 9/24/26 10:30 AM and 9/25/26 10:07 AM (received)
  • Schuyler letters 7/16/25 and 9/24/25 upholding the first closure, RFA 25-6861
  • Standing Board Policy 15.75, Standing Board Policies effective 7/17/26, pp. 102-105
  • Day counts: 7/24/26 plus 60 days is 9/22/26; 7/24/26 to 9/26/26 is 64 days

Spawned by: N-121

This decision point also appears on: the full ledger.

N-1502026-08-06Florida Barasked three times to confirm that nothing would be destroyed while the appeal about those very records is pending, and that the hold had reached the outside vendor, the Bar answered every fee question in the same document line by line and answered these three with one sentencePARTIAL
Date
2026-08-06
Actor
Gypsy Bailey, General Counsel, The Florida Bar
Institution
The Florida Bar (RFA 25-6861, RFA 26-13570, W016548), against 1D2026-0728 and 24-DR-001150
Mechanism
asked three times to confirm that nothing would be destroyed while the appeal about those very records is pending, and that the hold had reached the outside vendor, the Bar answered every fee question in the same document line by line and answered these three with one sentence
What the law required
Article I, section 24(a) of the Florida Constitution makes access to judicial-branch records a constitutional right, and records that are the live subject of a pending appeal cannot be destroyed while that appeal is pending. A litigation hold attaches when litigation is pending or reasonably anticipated, and it reaches records held on the party's behalf by a third-party vendor. Fla. R. Gen. Prac. & Jud. Admin. 2.420(m)(2) requires a written basis where a request is refused. The one-year disposal clock on the RFA 26-13570 file runs from the 6/16/26 closure, and the appeal about those very records, 1D2026-0728, is pending. The burden of justifying nondisclosure or nonpreservation sits with the custodian. The lawful path in one sentence: confirm in writing that the hold covers the vendor-operated systems and that nothing will be disposed of while the appeal about those records is pending, or state in writing what is scheduled for disposal and when.
What happened
Husband asked three specific questions in writing on 7/15/26, again on 7/17/26 and again on 8/5/26. Verbatim from the 8/5 letter: "Please confirm in writing that Request No. W016548 remains open." / "the June 16, 2026 closure letter for RFA No. 26-13570 states that its file and computer records will be disposed of one year from closure. Proceedings concerning these matters are pending in First DCA Case No. 1D2026-0728 and in Hillsborough County Case No. 24-DR-001150; please confirm in writing that no disposal will occur while either proceeding is pending. If the Bar will not confirm that, please state in writing what is scheduled for disposal and when." / "the July 17 response states that the Category F work involves the Bar's vendor; please confirm in writing that the litigation hold has been communicated to that vendor for the systems it operates." The Bar's 8/6/26 reply answered the fee questions inline and in detail. On these three, the entire answer was: "As stated before, the bar's legal hold remains in place." That is a real answer. It is also not a confirmation about the vendor, not a confirmation about the disposal clock, and not a statement of what is scheduled for disposal and when. The disposal language it was asked about is the Bar's own, printed on the closure letter in the same words the 2025 letter used: "the computer record and file of this matter will be disposed of one year from the date of closure." [PARTIAL]
Baseline deviation
Records that are the live subject of a pending appeal cannot be destroyed while the appeal is pending, and a litigation hold reaches records a vendor operates on the party's behalf. The lawful path was to confirm in writing that the hold covers the vendor's systems and that nothing will be disposed of while the appeal is pending, or to state what is scheduled for disposal and when. The custodian carries the burden of justifying anything less. The same author answered the fee questions in the same document, line by line, which is exactly what makes the selectivity checkable. And the consequence is dated and running: the file on the first Davis complaint was already reported destroyed while the appeal was pending, with no disposal date, no schedule provision and no authorizer ever given (N-116), and a second one-year clock now runs on a second file from 6/16/26.
Receipt
Bailey's 8/6/26 General Counsel responses on W016548 and W016547, fee waiver and itemization, read from the native Gmail message (id 19fd872fa706e2d2) on 9/26/2026 with every quoted sentence matching; the only attachment is the Bar's signature-block logo (image001.png). The 6/16/26 one-year disposal sentence appears at Wackes p. 2, wording identical to Huston 2/24/25 p. 1. The same clock appears at Leon ROA p. 103 (Huston 2/24/25) and ROA p. 642 (Schuyler 7/16/25, which restates it without stating a new closure date). Article I, section 24(a), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.420(m)(2).

Spawned by: N-116, N-124, N-129

This decision point also appears on: the full ledger.