Jack Thompson vs. The Florida Bar et al

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 08-22603-CIV-JUDGE COOKE/MAGISTRATE BANDSTRA

JOHN B. THOMPSON,

Plaintiff,

v.

THE FLORIDA BAR; THE SUPREME COURT OF FLORIDA; RAOUL G. CANTERO, INDIVIDUALLY; THE FOLLOWING INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES: CHIEF JUSTICE PEGGY A. QUINCE, JUSTICE CHARLES T. WELLS, JUSTICE HARRY LEE ANSTEAD, JUSTICE BARBARA J. PARIENTE, JUSTICE R. FRED LEWIS, JUSTICE KENNETH B. BELL, JUSTICE CHARLES T. CANADY; THE FOLLOWING INDIVIDUALLY: REFEREE DAVA J. TUNIS, BENEDICT KUEHNE, THE ESTATE OF STEVE CHAYKIN, BARNABY MIN, SHEILA TUMA, KEN BRYK, JAN WICHROWSKI, BARRY RICHARD; THE FOLLOWING FLORIDA BAR EMPLOYEES INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES: JACK HARKNESS, JOHN BERRY, KEN MARVIN, PAUL HILL, MARY ELLEN BATEMAN; THE FOLLOWING FORMER FLORIDA BAR
OFFICERS INDIVIDUALLY: KELLY OVERSTREET JOHNSON, ALAN BOOKMAN, HENRY COXE, FRANK ANGONES; THE FOLLOWING INDIVIDUALLY AS WELL AS IN THEIR OFFICIAL CAPACITIES WITH AND FOR THE FLORIDA BAR: PRESIDENT JOHN G. WHITE, PRESIDENT-ELECT JESSE DINER, BAR GOVERNORS RAMON ABADIN, ALVIN ALSOBROOK, ALLISON BETHEL, ROBERT BRUSH, ARNELL BRYANT-WILLIS, BRIAN BURGOON, DOMINIC CAPARELLO, JAY COHEN, JEWEL COLE, GREGORY COLEMAN, IAN COMISKY, DANIEL DECUBELLIS, MAYANNE DOWNS, CHARLES EBBETS, STEPHEN ECHSNER, EVIN GONZALEZ, NANCY GREGOIRE, ROGER HAUGHEY, SCOTT HAWKINS, JACK HICKEY, DENNIS KAINEN, WILLIAM KALISH, LAIRD LILE, DENISE LYN, CLIFTON MCCLELLAND, SCOTT MCMILLEN, ERIC MEEKS, EUGENE PETTIS, DAVID PRATHER, ANDREW RINGERS, DAVID ROTHMAN, JULIET ROULHAC, CLIFFORD SANBORN, ANDREW SASSO, EDWIN SCALES, JOHN SCHICKEL, WILLIAM SCHIFINO, CLAY SCHNITKER, CARL SCHWAIT, LAWRENCE SELLERS, MURRAY SILVERSTEIN, LISA SMALL, JOHN STEWART, RICHARD TANNER, NORMAN VAUGHAN-BIRCH, FRANK WALKER, SAMUEL WELLS, and GWYNNE YOUNG.

Defendants.

PLAINTIFF’S EMERGENCY MOTION TO STAY FLORIDA SUPREME COURT’S PERMANENT DISBARMENT ORDER OF SEPTEMBER 25, 2008

COMES NOW PLAINTIFF, on his own behalf, and moves this federal court, pursuant to the applicable Federal Rules of Civil Procedure, for the following emergency relief on the following grounds, stating:
1. All seventy-seven defendants have been served with the complaint herein; thus, they are all fully on notice as to the nature of this suit, the relief sought, and the basis therefor.

2. Today, at approximately 11 am, on September 25, 2008, the Florida Supreme Court, has entered an order, a copy of which is attached hereto, permanently disbarring plaintiff Thompson, the respondent therein, effective in thirty days. Thus, the clock is now running on those thirty days. This is an emergency.

3. Under this order, Thompson is unable, for example, to meet, as he is scheduled to do next Friday, with Richard Gorman, who is an inmate in a state prison for the purpose of being retained by him as his lawyer. Mr. Gorman is sitting in his prison cell solely because of the unethical conduct of Assistant State Attorney Matthew Alex Smith and the obstruction of justice by the Board of Governors of The Florida Bar. The attached Report of No Probable Cause is a smoking gun document that proves that the entire Board of Governors of The Florida Bar is involved in a cover-up in order to keep this innocent man in jail, all for the purpose of protecting the corrupt Leon County State Attorney’s Office. It is the single most remarkable document Thompson has ever seen in his 31-year legal career. It indicts the entire Bar’s disciplinary process which in that instance is being perverted to keep an innocent man in jail. It is little wonder that these same Governors would then do to Thompson what they have demonstrably done over the past four years.

4. Thompson was to meet with Mr. Gorman for the purpose of securing his release from jail, and now Thompson cannot be retained by Mr. Gorman for that or for any other purpose. Thus, one of the consequences of this disbarment order is not only Thompson’s inconvenience, to say the least, but more importantly the thwarting of the retention of Thompson by an innocent man in jail who is the victim of the obstruction of justice of The Florida Bar and its Governors.

5. Plaintiff herein thus seeks an immediate stay, on an emergency basis, of the Florida Supreme Court’s disbarment order because he can show a substantial likelihood of success on the merits, irreparable harm unless the injunction issues, including public damage to his career and to the rights of others, such as those of Mr. Gorman, that this harm far outweighs any conceivable harm to defendants if the injunction issues, and that the injunction will not disserve but actually serve the public interest.

6. Further, there are demonstrable factual errors in the disbarment order itself, which provide the basis for the disbarment, which can be easily and quickly proven. Additionally, it is fascinating that Justice Cannady, who has undoubtedly reviewed absolutely nothing about this disciplinary case, has put his name to this disbarment order on the day that he was served with the federal civil rights action. What a coincidence.

WHEREFORE, plaintiff respectfully seeks an order, on an emergency basis, staying the Florida Supreme Court’s disbarment order until such time as an evidentiary hearing, either before Judge Cooke or Magistrate Bandstra, can be secured as to the granting of apreliminary injunction sought in the complaint.

I HEREBY CERTIFY that this pleading has been provided to all defendants and/or their counsel by various means, including fax and e-mail, this September 25, 2008.

JOHN B. THOMPSON, Plaintiff
Attorney, Florida Bar #231665