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August 27, 2008
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Bar Discipline
Disbarment recommended for Gables lawyer

June 04, 2008 By: Alana Roberts and Billy Shields

Jack Thompson

Read more stories and Jack Thompson and the Florida Bar
 
oral Gables attorney and anti-porn crusader Jack Thompson should be disbarred and not allowed to apply for readmission for at least 10 years, The Florida Bar recommended at a hearing Wednesday.

Web Extra:
Thompson's formal objections

Miami-Dade Circuit Court Judge Dava Tunis, the referee overseeing a Bar grievance case against Thompson, has already recommended that he be found guilty of 27 Bar rule violations. Tunis held a hearing Wednesday to help her determine what penalty she will recommend the Florida Supreme Court impose against Thompson.

“It’s a privilege to practice law in the state of Florida, it is not a right,” Bar counsel Sheila Tuma told Tunis. “If you look at case law in the state of Florida, enhanced disbarment is appropriate.”

A typical disbarment generally allows an attorney to reapply for admission to the Bar after five years.

Tuma explained the decision to recommend an enhanced disbarment, saying that Thompson demonstrated continued misconduct, a pattern of misconduct and persistently failed to admit any wrongdoing.

This latest chapter in Thompson’s fight with The Florida Bar was brief and contentious — Thompson was not in the courtroom to hear Tuma’s recommendations. Thompson contends he is the target of a wide-reaching conspiracy to get him disbarred. Throughout the battle, he insists, The Bar has sought to silence him in violation of his First Amendment rights.

As the Wednesday hearing began, Thompson rose to object to the proceedings in a testy exchange with the judge, whom he has attempted to get removed from his case.

Tunis stopped him and refused to let him speak.

“What I do not want is for you to be making a speech at the beginning of what is essentially a disciplinary hearing where I’m supposed to hear aggravating and mitigating factors,” Tunis said. “If you have something in writing I would gladly accept it.”

She invited him to submit his objections in writing.

In response, Thompson said he had a right to state for the record his objection to the hearing. He then distributed his written objections to lawyers, to a court reporter and to a newspaper reporter and departed the courtroom. He called the proceedings against him a “star chamber” and “kangaroo court.”

“I have put up with your serial breaches of Florida laws, of the Canons of Judicial Conduct and of the Constitution and of common decency for a year and a half now,” he wrote. “When this is done, and when you recommend my disbarment and when the Supreme Court does disbar me … the tables will be turned. It will then be my time at bat and a jury of normal people in this county will undo all that you have done.”

“I wish you a very good day because I’m done here,” Thompson told the judge before leaving.

Tuma, the Bar counsel, proceeded to offer the Bar’s recommendations to the court.

Click play to listen to the hearing

“I can’t object to the legitimacy of the proceedings and then participate in them,” Thompson said in an interview outside the courtroom. Thompson said he would challenge any rulings by Tunis in state or federal court.

Tunis recommended in May that Thompson be found guilty of 27 violations of Florida Bar rules. In a five-page report, Tunis concluded that Thompson made false statements to tribunals, disparaged and humiliated litigants and other lawyers, improperly practiced law outside the state of Florida and made inaccurate statements about the qualifications or integrity of a judge.

The report lacked details about the violations and an explanation of how the judge reached her findings. Bar counsel Tuma was only somewhat more specific at Wednesday’s hearing.

Tunis has until Sept. 3 to submit a more in-depth report with her recommendations to the Florida Supreme Court, which would then decide Thompson’s fate.

Tunis reviewed complaints based on Thompson’s appearance in an Alabama case and allegations filed with the Bar by Miami-Dade Circuit Judge Ronald Friedman, Circuit Judge James Moore of Fayette County, Ala., and attorneys from the law firms of Tew Cardenas and Blank Rome.

The Bar complaints say Thompson sent letters, e-mails, faxes, news releases and court filings peppered with misstatements and falsehoods in violation of the Bar rules of professional conduct.

At the hearing Wednesday, Tuma also submitted an affidavit from Lawrence Kellogg, a partner with Tew Cardenas, that she said indicated Thompson has sent that firm more than 100 e-mails criticizing Kellogg and partner Alberto Cardenas since December. The affidavit was not made available immediately to the public.

Tuma said Thompson’s behavior isn’t likely to stop unless he is disbarred.

“Respondent’s conduct or misconduct in this case and throughout these proceedings clearly prove he’s unable to conduct himself in a manner consistent with the rules of the Florida Bar,” Tuma said.

After Tunis issued her report in May, Thompson filed a motion with the Supreme Court to strike her recommendations as vague and for their lack of event-specific findings. He also alleged Tunis failed to follow the Bar’s protocol in filing her report.

The court has not acted on the issue.

Thompson has tried unsuccessfully to get Tunis removed from his case. He has challenged her authority to oversee his case based on differences in the signatures on her 2000 loyalty oath. An investigation by the state attorney’s office found that her signature was forged, but the judge has since signed a new loyalty oath.

Thompson contends the forgery invalidates all her rulings, but the court contends that Tunis’ authority flowed from her oath of office not her loyalty oath. The state attorney’s office did not address the issue.

Thompson also filed a federal lawsuit against the Bar, arguing it has overstepped its bounds regarding its discipline of him.

In March, the Supreme Court issued an order preventing him from filing documents with the high court without the signature of another Florida Bar member. The court’s clerk has since refused to accept documents filed by him in the case. Thompson countered the high court’s decision violates his Sixth Amendment right to choose his own legal representation.

Jack Thompson photo by Richard M. Brooks

Alana Roberts can be reached at aroberts@alm.com or at (305) 347-6648.
Billy Shields can be reached at bshields@alm.com or at (305) 347-6649.

Reader's comments
molaka said: Thompson is a problem. While, yes, he may be exposing corruption or what have you, the fact of the matter is, he is basically an ambulance chaser. Lately whenever a violent crime occurs he is right there ready to blame violent video games, music, or media. If you ever kill someone and have ever played grand theft auto, he will say that is why you killed the person. He is a joke to everyone. Editor's note: this comment was originally posted with the related story "Judges’ signatures found to be forged, but no charges will be filed" published May 21 and available hereJune 4 at 6:04 p.m.

Dan J said: Thompson is a fanatical (I use that word to describe the ferocity of his convictions, not to imply negative connotations) advocate against violent video games and potential threats to the safety and well-being of the youth of America. However, his methods are injurious to his goals, and his targets are frequently poorly chosen. Thompson blames the developers and publishers of violent games for "marketing murder simulators to children." However, he chooses to ignore or discount "inconvenient" facts, such as: 1) Mounting evidence that even if games did promote violent behavior (most evidence suggests they do NOT), other personality traits such as a troubled upbringing are a MUCH better indicator of likely criminal behavior 2) The games he rails against are rated for sale to customers aged 17 and up, and a recent report shows the retail games industry has one of the best records in secret shopper exercises (better, for instance, than sales of R-rated DVDs and movie tickets) 3) The final determinant of a what a child does with his free time is that child's parents, not the games industry. And more. Thompson is a blow-hard and a waste of taxpayer time and money (for his ludicrous excesses in pressing his causes). I, for one, will be glad to see the major plank he uses to press his cause pulled out from under him. I look forward to the day he shows up on Fox News with the tagline "Jack Thompson, disbarred anti-gaming attorney." It's been fun, Jack. By the time you can try again, the climate in this country is going to be very, VERY different. Gamers like me will have children of our own, and we'll be raising them responsibly -- videogames included. Editor's note: this comment was originally posted with the related story "Judges’ signatures found to be forged, but no charges will be filed" published May 21 and available hereJune 4 at 11:14 p.m.

Jack Thompson, Attorney said:I appreciate the fact that Mr. Shields and Ms. Roberts have done a good job reporting what transpired yesterday. What you all don't know is the extent of wrongdoing here by certain Bar officials, the full scope of which is beginning to come to light from sources within and outside The Bar that are now contacting me. Some of them have contacted me as a result of the above article. There is an iceberg here toward which the Titanic Bar is steaming. Many lawyers in this community who think they know what I am all about and what The Bar is all about have no earthly idea about either. Just keep your eyes on what transpires in the weeks ahead on this issue. Law enforcement officials are now involved. The Bar is going down. I guarantee it. Jack Thompson, 305-666-4366 and amendmentone@comcast.net. PS: Dava Tunis failed to execute valid loyalty oaths AFTER her forged one. That's her problem. She'll be off the bench shortly. June 5 at 7:28 a.m.

Reader said:Wow, I just listened to the tape of the hearing. The dude obviously has some serious mental health issues - I hope he gets help.June 5 at 5:40 p.m.

Simon said: It might not be so bad if Thompson were not trying to say that her judgement isn't wrong, merely invalid. Sounds to me like this guy knows he screwed up and is just looking for a technicality to get out of it. June 5 at 10:05 p.m.

JackDon'tKnowJack said Does anyone else notice that Jack Thompson never focuses on his conduct (or, more correctly, misconduct)? It's always about the alleged misconduct others. Which, interestingly, is never a concern to Jack until he thinks such allegations are useful as a defense. Just because Judge Tunis is, as Jack would paint her, a bad person doesn't, ipso facto, make Jack a good person. June 6 at 7:30 a.m.

JP said:Jack talks a good game, but there's no effectual follow through and he knows it. Everyone he's railed against is still right where they were before Jack. He has passion and conviction, unfortunately - as was pointed out by Dan J - both are poorly directed. The Florida Bar will not be 'going down' Jack, we all know that. Please, just 'die' with dignity already. June 6 at 8:58 a.m.

Conejo said: John Bruce "Jack" Thompson is a liar, fraud, and perjurer. he constantly accuses anyone who disagrees with him of being part of one giant conspiracy, and never admits to his own [shortcomings]. the man has no sense of civility and does not deserve to practise law because he cannot adhere to the regulations set forth. June 6 at 11:11 p.m.

VtA said: I used to hate Jack Thompson, now I pity him, I feel sorry for his family especially his son. If I was him I would not want to be seen in the daylight with Jack. Jack, the boats sprung a leak and you lack the requirements to bail the water out, flail all you want your number has come, I would personally be taking this time to look for another job to support that family you have. June 10 at 10:57 p.m.

said:It seems his philosophy is don't defend, only attack. I believe he knows he's defending the undefendable (his conduct) otherwise. June 11 at 12:11 a.m.

Mazinger-Z said:@said: Yes, Thompson's entire legal strategy is to attack. I firmly believe he knows that what he is doing is wrong, but seems to have been raised on the idea that so long as your opponent is a worse monster, your ends are justified. Old Testament kind of stuff. Eye for an eye. The ends justify the means. Etc. He seems to have poor impulse control, as he'll readily attack and do things that no sane person would do... And ultimately end up regretting it, but is too ensconced in his own bull to pull out or mitigate... As that's a sign of weakness. June 11 at 2:12 p.m.

hayabusa75 said: Jack, you have zero victories against ANYONE outside of your medical malpractice suits, and you expect your bluster to convince us that you're going to take down the Florida Bar? You're forgetting one very important thing, Jack. Just because you interpret the laws one way doesn't make it gospel. After all, the King of the World you are not. Be a man for once in your life and face the music. You're getting disbarred and you're going to stay that way. I'd love to get on a plane to Florida just to mock you in person, but thankfully the Internet allows me to do it from the comfort of my own home. June 11 at 2:17 p.m.

Meohfumado said: I find it hillarious that Jack Thompson, who is always trying to 'protect the children' acts like a child in the courtroom more often than not. Way to take your ball and go home Jack! June 11 at 2:35 p.m.

Steve said: Oh the Bar is working with you now Jack? Is that just like how the FBI, Various police departments etc do? Except when your asked you cant name them and when they are asked noone knows who you are. June 11 at 2:53 p.m.

Itharious said: As one who's followed his.."exploits" through the news, and the internet. I honestly think JT has had disbarment coming for a long time. It wasn't his anti violent media stance that was a problem for me, just how he was going about promoting his idea's through abusing the legal system, and harassing others that honestly didn't deserve it. and lets not forget how his "Modest proposal" scheme ended and how he tried to stop a check to chairty donated by the Penny arcade folks from going through since he wouldn't pony up on his deal. Ypu say you care about the well being of children, but you try to stop a check to chairty? Are you honestly that blind to how your actions look to others? You may be a nice guy, who really knows? but what you'v shown us is that your a horrible person that doesn't know how to act professionally as a lawyer, and that you are an, figuratively speaking, arrogant\paraiond person that not only that first thinks amendmant rights only apply to you, but also belives everyone in some conspiracy out to get you. when infact you have brought all of this on yourself and it's really just the legal system finally dealing with a bad element in it's mist. June 11 at 2:54 p.m.

Kevin said: Fox News needs to stop putting this guy on the air after every violent crime. He is not a "School Shoot Expert," and they need to do some research before giving him undeserved air-time. His arguments go way beyond the realm of propaganda and spin. He intentionally misleads the public in a harmful way. June 11 at 4:23 p.m.

It's over Jack said: Pack it in and buy a small sail boat. Consider mortgaging your house and reducing your costs. No one will buy your books. You won't really be on TV anymore (seeing how you have been disgraced). It's over jack no one likes a zealot. June 11 at 4:41 p.m.

Chris said: "PS: Dava Tunis failed to execute valid loyalty oaths AFTER her forged one. That's her problem. She'll be off the bench shortly." PS: Jack Thompson failed to execute valid Sanity oaths AFTER his forged one. That's his problem. He'll be Wrapped in a Straight jacket shortly June 11 at 8:08 p.m.

Jesus Christ said: John Bruce Thompson is a habitual liar. I know this because I am Lord and I know all things, but more obviously because every statement of fact that he presents in making these claims about the causal effect of violent video games are simply untrue, incorrect, misleading, and intentional misinformation meant to further his so-called spiritual agenda, if not a financial one, despite his insistence otherwise. It would seem that at least for Mr. Thompson, the road to a pure nation is paved with comfortable dishonesty and calloused disregard for truth. It's like Jesus camp, but for adults. If we believe it, and if we say it with enough gusto, than we'll surely convince others, and at some point also convince ourselves. I encourage you all to consider just how powerful self deception actually is, and the simple truth that if you tell a lie enough - insane as it may seem - even you will begin to believe it. And John Bruce has. Too many lies, unfortunately. The format for dealing with Mr. Thompson is the same format in which he's been contending with the Bar and Judge Tunis, which is an environment where he must be accountable for everything that he claims, says, and does. When you see him on Fox News, he's able to spout notions as if they were fact, and when they're questioned or contradicted, he's able to insult or talk-over his opponent until the debate becomes so muddy and worthless that it doesn't really matter what's been said - the seeds of misinformation have been planted. Within the court room, however, and figuratively speaking, once "Jack" opens his mouth, he's then frozen, and his statements are analyzed, argued against, proven, or disproven. There is no rhetoric or flashy preaching or shouting across the deck. "Jack" says X. We find X to be untrue. And because "Jack" said X with demonstrable intent to humiliate or insult, we find that "Jack" has knowingly misrepresented the facts with malice. Pretty cut-and-dry, pretty inarguable. Speaking as the originator of the Christian Faith and Church, I can honestly say that you disappoint me, John. My message is not a message of hate. And if I was humble enough to consort with the prostitutes and thieves, and to give kindness and patience and mercy to the worst of sinners, what makes you so righteous that you can condemn so many without the slightest compassion or grace? Are you so consumed with your battle to save the children, that you readily wound the Church of God? Do you really believe that you can compel the world to seek ME by tirelessly and deviously harassing them until they beg for the altar of the lamb? Haven't I told you to let your life be a testimony? Haven't I instructed you to - by example of your life and conduct - show the light of God to the world? What makes you think that to spread the gospel, you must abandon tact and discretion? John Bruce Thompson, I am The LORD your GOD, and I am ashamed of you. Deeply and irrevocably and utterly disgusted with your representation of MY values, MY Church, and MY people. As was once said... "Of what value is the prize if it is stolen, or the loaf of bread if it is undercooked?". You are not a Christian, Mr. Thompson. You are not even an honest heathen. I'm afraid that at least in your public conduct, you show some of the most embarrassing traits of humanity. That is... you are a hypocrite, a cruel man, a self-righteous liar, and an idiot so obsessed with your own crusade that you barely seem to recognize that you're torturing innocent people. You may be religious, but a Christian you are not. And for those of you who've bothered to read this far, here's a fun fact for you... the term "idiot" (a form of the word idiom) was first used to describe mental patients. As one definition of idiom is "into one's self" or "particular to one's region or culture", the term "idiot" was coined to describe such patients that were trapped on their own reality and would ignore the world around them. And so, when I call Mr. Thompson an idiot, it's actually not to insult him, it's to accurately describe him. The so-called man is very much living in his own mind. Love, Jesus. P.S. Please let the gay people get married. We permit it in Heaven and you have NO idea how fantastic the decorating is up here. You should see my bedroom. Rick and Tim put it together and it's FAB! June 11 at 8:47 p.m.

Shadow Darkman, Jack Thompson's Opposite said: Ah, Jack. I quote Buzz Lightyear in "Toy Story 1" when I say this. "You are a sad, strange little man." -Buzz Lightyear June 11 at 10:30 p.m.

VtA said: Kevin, in my time watching Fox News I have never known them to really care, anything that boosts their ratings will get air time, they even put their own spin and flair on stories to make them more dramatic. June 11 at 10:35 p.m.

Baofu; I dare you to target me JT said: My associates are already throwing a party in honor of your disbarment. You are dearly and rightly paying for your hypocrisies and your desire to commit inequality by attempting to bring down video-game companies. There are no marketers of violence here. Wear the gold lead-lined cloak of hypocrisy on the 8th Plane of Hell with pride, you sore loser. June 12 at 12:39 a.m.

Jack's new shack said: I wonder why we hate Jack more than we hate other anti gaming activists? It might be because he attacks gamers instead of games? Or maybe because he is insufferably self righteous, smarmy, and manipulative. Oh well, we shall never know. However, I do feel bad for him. This, combined with his wifes illness... June 12 at 10:30 a.m.

BlueBottle said: Couldn't happen to a more deserving fool. June 12 at 2:07 p.m.

Rick Metzger said: "Cretans were given access to funds at ridiculous levels. No income check, no asset check, sub 600 ficos, 95-100% financing, etc. were the problem and criminal acts of lenders." It seems to me that the criminal act occurred when the loans were sold without disclosure of the laxity of standards. Failure to perform due diligence should not be illegal if you are the lender, in other words if the money lent is yours. Stupid, but not illegal. But when you sell that paper to a third party and do not disclose how shaky it is, then it should be illegal because it is fraud by virtue of willful omission. IMHO. June 12 at 3:01 p.m.

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