Earlier this week GamePolitics broke the news that a referree appointed by the Florida Supreme Court had issued a recommendation that anti-game attorney Jack Thompson be found guilty on 27 counts of professional misconduct.
The referree, Judge Dava Tunis (left), wrote that she based her recommendations upon testimony and documents submitted during Thompson's nine-day trial on charges brought by the Florida Bar. While the final ruling on Thompson's status will come from the Florida Supreme Court later this year, Judge Tunis has scheduled a hearing on June 4th to discuss possible sanctions.
For his part, Thompson has filed a motion in federal court to stop the June 4th hearing from taking place. He is also alleging that Judge Tunis isn't really a judge because a required state loyalty oath wasn't properly signed. All of which reminds GP of a saying often attributed to Thompson's law school classmate, Al Gore:
When you have the facts on your side, argue the facts. When you have the law on your side, argue the law. When you have neither, holler.
Read Judge Tunis's recommendations (5-page PDF)...
Comments
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
The order from the Supreme Court of Florida which requires Jack to have another attorney sign his filings only applies to his filings with the Supreme Court of Florida. He's free to file with his own signature in any and all other courts. He filed his motion seeking to avoid the June 4th hearing in a U.S. federal court (the Southern District of Florida), not the Florida Supreme Court and he's prefectly free to do so.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Nuts. Oh well. Thanks for clearing that up. Guess I just have to wait and see what June 4th holds now.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
"...alleging that Judge Tunis isn't really a judge because a required state loyalty oath wasn't properly signed..."
Now, though I rather doubt it will be, if this is proven true then every case she has ever ruled on will be thrown out the window, thus if she every put someone away on for say....a quadruple homicide or serial rape, they'd alllll be released...
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Pardon my french, but it's not like he'd give a shit if that was the result if it did happen, so long as he avoids a slap on the wrist.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
That's not at all true. It's already been found that Judge Tunis had a defected loyalty oath because someone other than she signed her name to it. She's already admitted that it was a forgery. But all that does is call into question her right to hold office. And that question is now pretty much moot because she has recently executed a loyality oath by her own signature. But even for the time that she didn't have a good oath, the legal doctrine called "de facto judge" functions to ensure that her jurisdiction and the validity of her rulings are still intact. The doctrine is based upon the notion that just because a judge has not satisfied all the routine requirements to hold office (e.g., swearing a loyalty oath) their status, at worst, can only change from a so-called "de jure judge" (judge by law) to that of a "de facto judge" (judge by fact). And, as a matter of law, the actions of a de facto judge as just as legally binding as those of a de jure judge. So, if she sent you up the river to do four life sentences on a quadruple homocide, you ain't coming back down the river just because of a defective oath.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Out of curiosity, what are the 4 charges he's not guilty of? If it's in the PDF, forgive me for being too lazy to skim it.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
two counts of "engaging in conduct intended to disrupt a tribunal" (Alabama Pro Hack Vice Application, Judge Moore's Complaint)
one count of "making statements that the lawyer knows to be false or with reckless disregard as to the truth or falsity concerning the qualifications or integrity of a judge" (Blank Rome's Complaint)*
one count of "engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation" (Judge Friedman's Complaint)*
*he's guilty of these on the other complaints, making him 1 for 3 in case he tries to claim these as victories
岩「…Ace beats Jack」
岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
"... and if you're down with Jack Thompson getting disbarred, HOLLER BACK!"
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I hear that when news of Jack's filing with the federal court started making the rounds at the courthouse, five judges put in for immediate vacation time.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Shouldn't we want to take the address out of the pdf?
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
If I know Jack, he's going to quit and save face. That way he isn't technically disbarred, and he can go get licensed somewhere else. It's the "you can't fire me, I quit" technique.
---You are likely to be eaten by a Grue.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Jack quit? Not a chance!
If he quits where will his cry of conspiracy go? How can he uphold his self image of a crusader of justice against his arch nemesis Mr. Zelnick of Take-Two?
Jack will hold out to the bitter end and continue on long after his license has been revoked. I also suspect Fox News will throw him on for some ratings until the gaming community brings down the truth hammer by blasting Fox News and the rest of the Internet with the fact that he's been disbarred for dishonesty among many other charges.
If there is one thing Jack Thompson is not... It's a quitter. However, the brick wall of truth he keeps ramming his head against is still there.
-Loudspeaker
"Volume helps to get a point across but sharp teeth are better."
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
And if I know him, he's going to whine and moan and bitch and kick and scream like the four-year-old in a 55-year old's body that he is, and continue to clog the system with nonsense till d-day.
400 Episodes, TEN YEARS and counting: http://www.orangeloungeradio.com/ | Voice of Geeks Network - http://www.vognetwork.com
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
he already is...
didn't he tried to get the feds (who may i point out is ignoring him) involved?
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Too late for that trick. Remember what Judge Moore told him in Alabama? "You can't quit. I've already fired you."
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Even if he was able to quit, this guilty verdit will follow him around wherever he goes. Not a pretty stamp for his record.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Somehow, it is a bit sad that the whole Jack Thompson is finally almost over. It's like watching a trainwreck, and having to cleanup afterwards.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
A super-fun trainwreck. He finally will get all what he deserves.
This is in spanish :lol http://thelostlevel.blogspot.com/
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
It's dependant on each instance of where these laws are being applied, i.e. from which complaint. Yes we can say his conduct and writings are in breach of those rules, but maybe not in those specific circumstances. Infact, 2 of the rules that he was found not guilty of he was found guilty in a different circumstance.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Maybe they were tossed in there in a effort to break up the redundancy of all the guilties?
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I wonder if now that he's likely to get disbarred he can go to work a Fox News full time as their "First Amendment Corresopndant".
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
This was a very rather boring document to read. It's little more than a list of charges followed by Guilty (mostly) or Not Guilty. But I suppose filling a legal document with snarky remarks isn't what a competent and professional member of the court does. So, I'll have to wait for Dennis to put up Jack Thompson's response if I'm going to get some real laughs.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I must say that reading every single one of those "GUILTY" statements at the end of each line was very satisfying perfect anger management for the average gamer.
4 out 31 that got away
(From Alabama Pro Hac Vice Application) Engaging in conduct intended to disrupt a tribunal
(From Judge Moore's Complaint) Engaging in conduct intended to disrupt a tribunal
(From Blank Rome's complaint) Making statements that the lawyer knows to be false or with reckless disregard as to the truth or falsity concerning qualifications or integrity of a judge
(From Judge Freidman's Complaint) Engaging in conduct involving dishonesty , fraud, deceit, or misrepresentation
Re: 4 out 31 that got away
"(From Blank Rome's complaint) Making statements that the lawyer knows to be false or with reckless disregard as to the truth or falsity concerning qualifications or integrity of a judge"
^^ He's guilty of this one in the Judge Friedman Complaint
"(From Judge Freidman's Complaint) Engaging in conduct involving dishonesty , fraud, deceit, or misrepresentation"
^^ And he's guilty of this one in the Alabama case
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
At least we now know what four charges Tunis recommended JT's acquittal of.
I AM A LOST SOUL, CONDEMNED TO HAUNT THE DREAMS OF JOHN BRUCE "JACK" THOMPSON UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS. SOMEONE, PLEASE! END MY SUFFERING!
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I AM DOOMED TO HAUNT JACK THOMPSON'S DREAMS UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Please end our suffering and stop posting.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Jack, as you are disbarred, and move on to a new position, remember this.
1. Always upsell. ("Would you like the extended warantee with that? Do you need batteries?")
2. Always make sure you clean the grease stains off of your uniform.
3. Make sure that you wring as much of the water out of the mop as possible.
4. If your drawer is off, you may get fired. So make sure its not.
5.Hurry hurry hurry.
6. Remember the greeting. ("Welcome to Wal-Mart. Would you like a cart?")
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I dunno, most of those jobs sound even too complicated for his simple mind... :P
400 Episodes, TEN YEARS and counting: http://www.orangeloungeradio.com/ | Voice of Geeks Network - http://www.vognetwork.com
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Can Jack go to another state to get a new law license?
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
He can try, but that also requires that state's bar association to accept him as a member, and being disbarred anywhere is a big strike against him. And he still wouldn't be able to practice law in Florida, since the Florida bar probably wouldn't be inclined to be giving guest lawyer privileges to somebody they just tossed out on his ear. IANAL, though, so I may be wrong about some parts of this.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
You're correct though, if anything, you understate the difficulty of getting licensed elsewhere. Being disbarred is more than a big strike, it's a virtual certainty that no other jursidiction would give him a license.
Also, don't overlook the fact that he wouldn't be able to get admitted anywhere pro hac vice (as a "visiting" lawyer). Judges don't grant pro hac vice motions where the would-be lawyer is not licensed somewhere else.
Of course all this assumes that disbarment will be the ultimate decision. That seems likely, but it's not decided yet.
Thompson...
...be an adult about your fate, if your simple brain can comprehend such things.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Ok, well, my initial post was flagged because it had links to info about the judge Tunis loyalty oath.
So, search for justicebuilding at blogspot and look at the article called "you asked for it". That article puts the issue to rest.
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Any chance we will get to see the 400 (?)+ documents with "pictorials" JT Submitted?
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Regarding the Judge Tunis Loyalty oath issue:
http://justicebuilding.blogspot.com/2008/05/you-asked-for-it.html
The memo referred to in said article:
http://www.dailybusinessreview.com/images/news_photos/48729/Close_out_memo.pdf
'Nuff said.
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I like JusticeBlog's coverage of the forgery issue:
"You're who? He did what? We care why?"
Pretty much boils down to "we don't know why so-and-so would forge judges' loyalty oaths, and frankly, since after learning that they had to, they signed new ones, it doesn't matter."
I like one columnists' view (although he was talking about a teacher in Cali):
"Loyalty oaths are soooo 1950's..."
-- If your wiimote goes snicker-snack, check your wrist-strap...
Re: Read Judge's Recommendation of Guilt for Jack Thompson
JT trying to stop the ruling from happening? Wow, that was a shocker. ;) Seriously, JT's just mad at this point that he's going to get slapped, so now he just wants to have the game called a tie and he wants to take his football home and mope.
I wonder if he'll be found guilty of trying to stop the ruling against him.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
4-8.4 (a) is Guilty cubed 0_o wow now THAT'S guilty :P
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
The cubed sign signifies a footnote.
---Oh sure, its fine when a monkey does it. But when I throw barrels at an Italian plumber, they call it a hate crime! - Stephen Colbert
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I like Cheater's version better.
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
I dunno about that...
The footnote means John was originally NOT GUILTY, but it was changed to GUILTY due to his own actions post-trial. I'd have to say that's DAMNED funny :)
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
Link doesn't work.
---Oh sure, its fine when a monkey does it. But when I throw barrels at an Italian plumber, they call it a hate crime! - Stephen Colbert
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
try it again link worked for me
Re: Judge's Jack-is-Guilty Recommendation: We Have the Document
It works now for me
---Oh sure, its fine when a monkey does it. But when I throw barrels at an Italian plumber, they call it a hate crime! - Stephen Colbert
Re: Read Judge's Recommendation of Guilt for Jack Thompson
i cant believe he uses the honorific "esquire"
Re: Read Judge's Recommendation of Guilt for Jack Thompson
It's a bogus honorific somebody gives themself when they don't really have much more than exceptional social standing- the term itself is vague here in the U.S., and is really only used by lawyers- the term is usually associated with them.
Also- it's considered egotistical to call one's self "esquire"- it's usually only reserved when beign addressed to. Not that Jack would know.
Re: Read Judge's Recommendation of Guilt for Jack Thompson
Also by young men in bands who's destiny is to save the world.