August 21, 2007 -
In July GamePolitics reported that controversial Miami attorney Jack Thompson was under pressure from Florida Bar officials to undergo a psychiatric evaluation (see Jack Thompson says FL Bar Official Demanded He Take Psych Test, Accept Suspension).In documents filed Monday with the U.S. District Court in Florida where he has a pair of lawsuits in progress against the Bar, Thompson wrote that he pre-emptively saw a psychologist at his own expense. A six-page report from the PhD was filed with the court this morning. It reads in part:
The overall impression is that of a socially committed, and religiously devout man, of Superior Intellectual Functioning, who does not suffer from any major mental illness or impairment. He is deeply committed to personal betterment and social progress which he feels involves the regulation of exposure of minors to pornography, obscenity and violence.
Concerning the accusations that Mr. Thompson displays “obsession” with pornography, obscenity and/or violence presented to minors, Mr. Thompson does not report or display any of said obsessions. That is, his self-report, his clinical presentation and his relationships with his wife and two close personal friends reveal no evidence of fixation with pornography, obscenity and/or violence. To the extent that testing data may reveal such obsessions, there was no evidence of this theme in his ideation.
Mr. Thompson appears to be a thoughtful, prosocial and erudite man whose life is anchored, fortified and enriched by his Evangelical Christianity. I find no evidence that his faith distorts, clouds or impairs his personal or professional judgment.
While Mr. Thompson displays certain areas of personal distress and difficulty, such problem areas are well within the range from which attorneys can and do practice competently and even expertly.
Dr. Wunderman's report notes that it is focused exclusively on three specific areas:
- Does Thompson suffer from a mental illness or disorder that impairs his capacity to competently practice law?
- Is Thompson obsessed with the prosecution and limiting of pornography and obscenity?
- Is Thompson obsessed with curtailing violent video-games that are marketed to minors.
The report also addressed Thompson's combative style:
I asked Mr. Thompson about the hyperbole and sarcasm that I read in some of his motions/pleadings. He said that he realizes that he may have offended some with his ad hominem writings, and he will be more moderate in his writing style in the future.
Comments
As far as the law goes, claimant's most certainly are allowed to request their own evaluation on their own dollars. If anything, the Bar would potentially become forced to hire two doctors -- one to provide an evaluation stating Jack's not mentally fit to work as an attorney, and then a second to provide medical preponderance to settle the difference in opinions.
http://en.wikiquote.org/wiki/Jack_Thompson
to this guy:
owunderman@frc-fla.com
I'm certain this case is not over. However, the Bar should take this shady PR exploitation into account during their deliberations.
The reason he's so ineffective is that he's a tiny black ball of hate who's worse than the people he targets. This anger and rage blinds him and has been destroying his career. All one has to do is take a look as his various proposals and letters posted around the internet to see what a maverick he is. (Who here still remembers his 'Modest' Video Game Proposal?) Without love and respect for his enemy, he will fall.
He probably thinks he's a crusader because he has religion, but that just makes him worse in more ways than one. (Christian-oriented groups that used to support him have long since disowned him because of his bluster and indecency anyway.) And no Jack, if you do ultimately die of heart failure, you won't be a martyr. You'll have only yourself to blame.
What are you talking about? The Bar's case is still ongoing as far as I can tell. Just because JT declares it's "over", doesn't mean anything other than he's confident he'll win. But he ALWAYS says that...
That was Cody Posey, whom Jack tried to arrange a lesser sentence if Posey had blamed GTA, whom instead said he alone was to blame for his own actions.
"Jacks can bias the results by avoiding giving the examiner information that would raise flags."
Exactly. JT's exam was done based on interviews with JT & companions, and a presentation that JT himself did. So clearly the bias there is easy, considering all JT has to do is leave out all the "crazy" stuff he's written over the past few years, and voila, he's painted in a good light through omission.
I hate to Godwin, but if you leave out the crazy ramblings and the whole Jew problem, Hitler was actually a very good leader for Germany...
If the Bar assigns an eval, you can be sure they'll pass on all of JT's ramblings and nasty letters, which will make it clear that JT rarely respects order, decorum, or authority when it comes to writing legal briefs, and even resorts to accusing any and all of being in conspiracy against him.
I'm pretty sure JT left all those "tidbits" out of his presentation to the doc, so his "passing" it is notable, but still biased due to it being done on JT's terms, not the court's.
Alabama State Bar rules re: Pro Hac Vice, Rule VII, section 'B'
If the judge, hearing officer, or agency is not satisfied that the foreign attorney is reputable and will observe the ethical standards required of attorneys in this state, the court, hearing officer, or agency may in its discretion revoke the authority of the attorney to appear.
In case that wasn't clear, Judge Moore can revoke Pro Hac Vice if he feels that JT is being an ass, he doesn't need JT to actually violate any Alabama Bar rules specifically...
So yes JT, Judge Moore CAN revoke your PHV for not disclosing your "colourful" history. You don't get the same protections that full members of the Alabama Bar do.
Nor does it appear to address whether or not he has a personality disorder; it just states that he does not have one that affects his ability to practice law. This is important from the standpoint that you can be high functioning, but still a head case.
In any case, it's odd that Jack would fight so strongly against a forced evaluation, then turn around and get one on his own. It suggests to me a fear of not being able to pick the evaluator rather than a fear of the evaluation.
Even if Jack does come up clean from the shrink stand point, that does not absolve him of the behaviors that lead to the current Bar investigation. The potential disciplinary actions against him are due to his actions, not due to possible mental instability.
That and failing to follow court orders to not comment publicly on the trial, an order you violated many times before having the pro-hac vice revoked. But hey, why bother to mention the REAL reason you were kicked out of Alabama when you can just dismiss it all as lies?
"whose life is anchored, fortified and enriched by his Evangelical Christianity."
Hahahahahaha, how much did he pay this guy? Or did he just find a shrink at his local church, someone just as crazy as himself? No real doctor would write "Superior Intellectual Functioning" on a review like this, that's ridiculous.
he was also a great speaker! Though, Jacky doesn't strike me as a great speaker...except for bending the truth (or making his own) to suit his needs...
"I'm never wrong, The Florida Bar just has it out against me like everyone else who disagrees with me. The doctor who evaulated me fell in love with me so I am sane. I am as pure as the driven snow and anyone who has ever criticized me is evil and should be kicked out, not me. Judge Moore is a horrible judge because he reprimanded me. I don't care what everyone thinks, I'm going to get all violent games and images banned because I don't like them. I also don't respect the military and say HOOAH all the time. I am the right hand of god."
Did I miss anything?
Honestly, I'm wondering if that's what happened. I've worked in Industrial Insurance for years. There are quite a few doctors who have developed reputations as hired guns, since they give whatever answer they think you want to hear. Those doctors are all Board- and Bar-certified, and actively practicing. Thankfully, I work for a company that stays away from using those docs, as they usually just end up dragging out ensuing litigation when a claimant's attorney calls out their record.
However, I haven't seen anything in Jack's ethical compass that would have me believe he'd make the same choice. It's in his best interest to drag out any ensuing litigation, and he's never been honest in his actions. Remember the stunt where he filed a campaign against the Bully judge as a way to get out of contempt charges? He had no intention of actually seeking a bench job. He just wanted to abuse the system in a way favorable to him.
IN THE SUPREME COURT OF THE STATE OF FLORIDA
John B. Thompson,
Plaintiff,
v. CASE NUMBERS SC06-2032, SCO7-80, SC07-354
The Florida Bar,
Defendant.
VERIFIED SUPPLEMENT TO PLAINTIFF’S PETITION FOR WRIT OF MANDAMUS/PROHIBITION
COMES NOW plaintiff, John B. Thompson (hereinafter Thompson), and hereby supplements his petition for writ of mandamus/prohibition stating:
1. In addition to what this court already knows about the gross misconduct of The Florida Bar in this “disciplinary” matter, there are two developments this week that cry out either a) for a complete dismissal of all disciplinary charges now pending against Thompson by this court or, b) for an immediate order of this court mandating a top-to-bottom de novo review of The Bar’s ongoing gross misconduct herein. Note:
2. One of the most respected forensic psychologists in the State of Florida, Oren Wunderman, Ph.D., who in fact has lectured, at the request of The Florida Bar, on how lawyers should be assessed for mental incapacity, has fully assessed Thompson and finds, in his five-page report, the following:
“Concerning Mr. John Thompson, the overall impression is that of a socially committed, and religiously devout man, of Superior Intellectual Functioning, who does not suffer from any major mental illness or impairment. He is deeply committed to personal betterment and social progress which he feels involves the regulation of exposure of minors to pornography, obscenity and violence.
Concerning the accusations that Mr. Thompson displays ‘obsession’ with pornography, obscenity and/or violence presented to minors, Mr. Thompson does not report or display any of said obsessions. That is, his self-report, his clinical presentation and his relationships with his wife and two close personal friends reveal no evidence of fixation with pornography, obscenity and/or violence. To the extent that testing data may reveal such obsessions [which testing was extensively done by Dr. Wunderman of Thompson in administering widely-accepted psychological evaluation tests], there was no evidence of this theme in his ideation.
Mr. Thompson appears to be a thoughtful, prosocial and erudite man whose life is anchored, fortified and enriched by his Evangelical Christianity. I find no evidence that his faith distorts, clouds or impairs his personal or professional judgment.
While Mr. Thompson displays certain areas of personal distress and difficulty, such problem areas are well within the range from which attorneys can and do practice competently and even expertly.”
3. Despite this finding, The Bar refuses to relent and recant its demand for a forced evaluation of Thompson, for which it has no factual basis, as indicated by The Bar’s ongoing violation of its Rule 3-7.13 as to how such assessments are to be procured. The Bar has intentionally entwined the resolution of the “ethics” issues with this “lunacy” issue in order to extort and harm Thompson.
4. That’s just the first item. This morning Thompson took the deposition of Alabama Judge James Moore, who is at the center of the “Alabama Bar complaints” against Thompson. But for Moore, there would be no such complaints, and they comprise overwhelmingly the fule for The Bar’s pursuit of Thompson at the behest of the makers of the Grand Theft Auto games.
5. The indispensable cornerstone of the “Alabama bar complaints” is the bold assertion that Thompson fraudulently failed to disclose material facts about his “colorful disciplinary history” at the hands of The Florida Bar, which occurred on or about 1992, and by virtue of such fraud secured pro hac vice admission to practice in a wrongful death case against the makers and distributors of the Grand Theft Auto games.
6. In fact, the Alabama State Bar requires that any pro hac vice applicant must disclose, about his disciplinary history, only whether he has been suspended or disbarred or ever been subject to suspension or disbarment at the time of pro hac vice application, in that juncture in February 2005. See questions 6, 7, 8, and 9 on Alabama State Bar pro hac vice Application at http://www.alabar.org/members/phv/PHV_app_fillable.pdf.
7. The record is now clear and unrefuted, and Judge Moore admitted it under oath today, that THOMPSON GAVE EVEN MORE INFORMATION ABOUT HIS DISCIPLINARY HISTORY THAN WAS REQUIRED BY THE ALABAMA STATE BAR!
8. Further, Judge Moore admitted that Thompson has never been suspended or disbarred and was never subjected to suspension or disbarment proceedings at the time of the application. All Thompson received in 1992 was a “public reprimand,” and Thompson, going beyond what was required of him, disclosed that lower level of discipline to the trial court and to the Alabama State Bar. He need not have disclosed any of it. Indeed, today August 21, 2007, prior to the deposition at 10 am Eastern time of Judge Moore, a pleasant young man by the name of Andrew in the sector of The Bar that holds lawyer disciplinary records confirmed by phone that the 1992 discipline was not about suspension or disbarment, and his records would indicate if it were. They do not, and that, according to Andrew, is proof that they were never about suspension or discipline.
9. Additionally, Thompson spoke at 9:48 am this morning with Melissa Mara, who is an Administrative Assistant, Legal Division, The Florida Bar, who was asked by the undersigned: “If I am applying today for admission pro hac vice in another jurisdiction, and I am asked by that jurisdiction [as did Alabama] whether I had ever been suspended or disbarred or subject to suspension or disbarment, do I have to disclose the fact that I received a public reprimand back in 1992?” Said Ms. Mara, without any hesitation whatsoever: “Absolutely not. You can answer any questions as to whether or not you have been suspended or disbarred or subject to such proceedings with the answer: NO or NONE.”
10. In fact, that is precisely what Thompson did in applying in Alabama. He answered “NONE” and then informed the trial court and the Alabama State Bar of his public reprimand, which he did not have to do, in order to be transparent beyond the requirements of Alabama. Judge Moore said under oath that Thompson disclosed more than what was required of him by Alabama law.
11. Thompson in fact attached to the pro hac vice application a February 11, 2005, letter, attached hereto, which was sent to both the Alabama State Bar and to Judge Moore, both of whom have acknowledged receiving it.
12. Thus, it is now a matter of sworn testimony by Judge Moore himself that the cornerstone assertion of The Florida Bar’s case against Thompson—that he hid his disciplinary history from the Alabama trial court and from the Alabama State Bar by failing to disclose material facts—is utterly false. He gave even more information than he had to about matters that fell short of suspension or disbarment. Further, it is now known that the sworn assertions by the lawyers at Blank Rome that Thompson hid his disciplinary history, in allegedly falsifying his pro hac vice Application are false and constitute perjury.
13. Additionally, we now know, as of today, that The Florida Bar has engaged in gross prosecutorial misconduct in pursuing Thompson with Bar complaints that it knew to be false and that it knew to be based upon perjury. For the past eight months, at least, Thompson and his counsel have repeatedly asked The Florida Bar and its line prosecutor, Sheila Tuma, to disclose the answer to this question: “What did Thompson fail to disclose that was required of him to disclose in applying for pro hac vice status in Alabama?”
The Florida Bar has refused to answer that question. It has refused to answer interrogatories, requests for admissions, requests for production, and submit to depositions of the designated reviewer of the outside investigator, David Pollack, and anyone else who could have told Thompson and his lawyer over a year ago that this was all an utter, demonstrable lie.
14. All of the rest of the Alabama bar complaints flows from this lie, and The Bar thought it could get away with this gross prosecutorial misconduct because The Bar wrongly assumed that this day of reckoning would never come: That the transparent and fully compliant nature of Thompson’s pro hac vice application would never be proven. Instead, we all know now that all of the Alabama Bar complaints are grounded upon a subterfuge, a contrivance, a complete fabrication by the Blank Rome lawyers representing Take-Two, with the help of a judge who willy-nilly entered an order WITHOUT EVER checking with The Florida Bar as to what Thompson’s disciplinary history really was! Judge Moore admitted today that Thompson’s real disciplinary history was just a phone call away, and he never called.
15. What The Bar today has been caught doing is not negligence in prosecution. It is not even bad faith. It is beyond that. It is prosecutorial misconduct so gross that it calls for possible criminal prosecution of those involved. North Carolina’s Mike Nifong has nothing on The Bar and its Sheila Tuma in its Orlando office. This prosecutor has known for months that the complaints against Thompson have been based upon a lie, and she has proceeded nevertheless, even to the point of demanding Thompson’s psychoanalysis.
16. No state Supreme Court, and certainly not this one with its history of entering an order seeking to pathologize Thompson’s faith-based social activism, can possibly continue to sit, as if inert, in Tallahassee, pretending it is not aware of this ongoing, arguably criminal misconduct of The Florida Bar and its mendacious staff operatives.
17. Maybe this court did not have enough to raise a red flag prior to today. Well, here it is in this pleading. This court must immediately act.
WHEREFORE, Thompson implores this court to grant some or all of the relief he has requested, in light of the fact that The Bar has been caught not just in a lie, but a in damnable lie so consequential, the web of which is so wide, that there would be no disciplinary proceedings if that lie had not been uttered and then knowingly repeated by The Bar.
I HEREBY SWEAR AND AFFIRM, AS IF UNDER OATH AND UNDER PENALTY OF PERJURY, THAT THE FOREGOING FACTS ARE TRUE, SO HELP ME GOD.
I HEREBY CERTIFY that the foregoing has been provided this August 21, 2007, to John Harkness, Executive Director of The Florida Bar, to Circuit Court Judge Dava J. Tunis, to Bar staff counsel Sheila Tuma, and to Kenneth Marvin, Director of Lawyer Regulation for The Bar.
JOHN B. THOMPSON, Attorney
Florida Bar #231665
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
Yeah, it doesn't work that way, Jacko.
The understatement of the century. Sheesh. Interesting that none of his on line activities and ramblings were taken in to account, way to "obfuscate" there JT. ;)
When you actually have the guts to follow the letter of the law, you will deserve your title of "attorney." Until then, you are merely another want-to-be world saviour with some serious issues.
That way whenever someone was stressed out they could navigate over to the website and give Jack a little shock.
That would be fun...
And also sad but true, a significant share of the posters on this (and similar game news topical forums) make it way easy for him to do ad hominem attacks with their own ad hominem attacks on Mr. Thompson.
I think we can accept as fact that Attorney Thompson will continue to tilt at the windmills of the game industry until such a time as one of those windmills falls on him ... hard.
And to the atheists and anti-theists who continually post anti-religious (and often quite hateful) comments about people of faith in these forums, if you were truly honest with yourself, you would find that there are as many things that you accept on "faith" about the nature of the universe without any way to prove it yourself. Instead you willingly accept the "holy writ" of scientists, your secular high priests, because it provides stories you can believe without having to include a deity or the supernatural. To my thinking, that's its own form of fanatacism.
I don't question Attorney Thompson's faith or belittle him for having it. But I do think he's wasting his time, energy and life in how he's applying it. people TO God Jack. Don't drive them away.
So how much did you bribe the 'esteemed' Dr Wunderman to write this?
on top of this, the whole Ad hominem writing, though, is the big problem. It's about ethics and practices, not sanity. JT, as a lawyer, does not function within the realm of proper human or business interaction.
Why? Well, according to this, because he's a 'religiously devout' man. I don't want to insults Christians, but being 'devout' in this age, as in, you think you're on a mission from god or that you think the crusade you're fighting is god's will, IS CRAZY.
I don't think that's the kind of trait you want to put as a positive feature of JT's psychological profile. Also, if you want to get into being prosocial, and doing good for society, I don't think crying out "Think of the children!" over and over is necessarily doing any good, especially when you do it on a groundless basis, such as time and place of advertisements.
I would also like to point out how this psychological evaluation fails to mention JT's paranoia towards 'the Video Game industry' towards whom he has claimed vast conspiracies and alleged personal attacks to destroy his life.
I'm sorry but just because he's not crazy or just because he believes he's doing the right thing doesn't exempt him from being a complete and utter monster.
Someone who could so trivialize something like the VTech massacre by instantly throwing blame with no real evidence is clearly a man who has no intentions of solving problems, rather just finding someone to blame.
If there's one thing that could scar someone for life it's having a teen killing spree like VTech or Columbine blamed on you personally, and it's something this perfectly sane individual has done countless times, with no regard for HIS victims.
He has such little respect for events like VTech/Columbine and the victims that he can instantly place blame and couldn't give a damn about the repercussions. It might not prove he's insane but it certainly proves he's not so much a compassionate person intent on solving these problems as he in finding something to blame as quickly as possible and then being credited for solving the problem.
Jack Thompson you are a pathetic excuse of a man and if you think what you're doing will appease your God then I strongly suggest you go back and take that test again.
Maybe one day this will hit home and you'll actually go about helping people for a change, instead of trying to run their lives.
I'm not holding my breath though.
He just goes about it all wrong. He goes after game developers, and if he were ever to succeed the way he wants to, the game would be kept out of the hands of those who are able to handle the content of the game. This riles us gamers up. Because we get riled up, and because some of us don't know how to make our protests...civil, he makes the mistake of labeling all gamers the way he does.
He's not insane by any means. That doesn't mean we have to like him though.
Nice try, Jack.
And if anyone believes he will "moderate his writing", boy, do I got a great deal in steel construction over the Hudson river for you!
Hey...that is the law after all. Sorry Jackie boy, but you would think a lawer would know the law............I mean...you'd think so...
And "Superior Intellectual Functioning" is all very nice, but also not quite the indication of good mental health it seems to be in my opinion.
He "may" not be nuts but he sure is rude, abrasive and generally unpleasant to people in general.
So his social functioning is definetly below par.
*shakes index finger at Jack*
For SHAME, Jack! Lying to the PUBLIC!
And I could have SWORN you said you were Christian!
P.S. - See? I can be a soccer mom, too! ;I
You're not that special.
What's funny is, I don't even think he reads the comments or responses. I just think he takes a "If I don't hear it or read it, it didn't happen" approach, therefore furthering his belief that he is right...even when he usually isn't.
Classical psychiatrists had described the experience of a person whose consciousness was besieged by an intrusive thought and who, although lucid and in possession of his faculties, was incapable of stopping it." -Answers.com
I think it's quite evident that his words are only his words and not some sort of 'intrusive thought'. So by definition of psychology, he is not obsessed. By his mannerisms, behavior and lack of other business to do ( i mean come on he has nothing better to do with his time than post "I told you so" on GP) we all "know" he is.
@ cullern
I do not believe he threatened to sue the shrink if the eval was not to his liking, he usually starts the threats and personal attacks in response to something. Although, the report does sound a bit biased to me...but hey, we don't know the shrink so we can't really say.
Seriously. Independent evaluation.
And even if that comes back clean, disbar him. Even if he's 'sane', he's clearly not able to properly practice law. Unable to keep the legal framework in mind, he's incapable of providing sound legal advice. Exhibit A: all of the laws that he has been intimately involved in that have been struck down as unconstitutional by court after court, while he screams about a greater conspiracy.
If he's not too crazy to practice law, it leads to the conclusion that he's too ignorant of the law to practice it.
Yep, very “unbiased”.
was dripping with sarcasm.
:: Takes responsibility and mops up the mess. ::
Nightwng2000
NW2K Software
Or, if it isn't actually him, how about just banning anyone who pretends to be him?
- Does Thompson suffer from a mental illness or disorder that impairs his capacity to competently practice law?
He may be a jerk but his moves are to time sensitive and somewhat well calculated for him to be losing his marbles just yet.
- Is Thompson obsessed with the prosecution and limiting of pornography and obscenity?
This is true that he is obsessed with it judging by his actions however in all states being "evangelical"fanatical nutcase stops psychiatrists from labeling
them as unbalanced and dangerous to society in most cases.The only way to be labeled this way is to go on a hate crime/killing spree.
Also "freedom of religion" protects him from being labeled insane for believing crazy things like the universe is 5000 years old and dinosaurs never existed.Seriously you can walk into a quacks office and yell "I believe in invisible pink unicorns" he won't label you as bonkers.
guess its to avoid all the political fallout....
- Is Thompson obsessed with curtailing “violent” video-games that are “marketed” to minors.
All jacko has to do is blanket this kind of obsession in the protection of religious morals,as stated above labeling him nuts based on a moral religion(a powerful one at that)is opening the floodgates for all kinds of crap.I do not think doctors want 500+ people on their lawn on a sunday morning cause he had to label someone a total whackjob(its happened before trust me >.>).
Is jack nuts?under law hes not
is jack a attention seeking lying manipulative poor excuse for a human being?yes i think we can all agree on that part
However I am open to the fact that another non "friendly" quack might just rule the other way and put him out of our misery.
@dennis im digging you down for posting a picture of Thompson....super angry dick cheney wannabe is the last thing i want to see ona tuesday morning....oh wait no digg button...wrong site :p