Thompson v. The Florida Bar
ORDER TO SHOW CAUSE: Show Cause Response due by 10/5/2007.Signed by Judge Adalberto Jordan on 9/24/07.(lh)
Thompson v. The Florida Bar
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21256-CIV-JORDAN JOHN B. THOMPSON ) ) Plaintiff ) vs. ) ) THE FLORIDA BAR, et al ) Defendants ) ____________________________________ ) ORDER TO SHOW CAUSE On September 19, 2007, Mr. Thompson -- who is the plaintiff in this case and an attorney by profession -- filed a motion for leave to file a document [D.E. 115], and attached an exhibit to that motion. The attached exhibit, which includes several graphic images of oral and genital sex between adult males, was filed electronically in the docket in this case, without prior permission from the court, and it was not filed under seal.1 Mr. Thompson filed these images in a place where they are available for viewing by members of the public, including children notwithstanding his knowledge of their offensive nature. In fact, Mr. Thompson himself found the images to be so offensive that they were the subject of a request on his part to the Florida Bar to prosecute the attorney who allegedly provided links to the images on his law firm's website. "No court need tolerate the use of obscene, indecent, and scandalous pleadings." Adams v. Nankervis, 902 F.2d 1578 (Table), 1990 WL 61990, at *3 (9th Cir. 1990). The graphic images Mr. Thompson attached to his motion are indecent, obscene, and offensive. To the extent that the other attorney's alleged conduct is in any way relevant to the claims in Mr. Thompson's third amended complaint, there was no need for Mr. Thompson to file these graphic images in the public record. A simple reference to the website and its alleged links would have sufficed. At the very least, Mr. Thompson should have filed the graphic images under seal or sought the court's permission to file the images in the public record. Through his actions, Mr. Thompson made available for unlimited
Immediately upon becoming aware of the contents of the exhibit, I requested that the Clerk of the Court take appropriate action to prevent public access to the exhibit.
public viewing, on the court's docketing system, these graphic images. For this reason, by October 5, 2007, Mr. Thompson shall show cause why this incident should not be referred to the court's Ad Hoc Committee on Attorney Admissions, Peer Review, and Attorney Grievance for appropriate action.
DONE and ORDERED
in chambers in Miami, Florida, this 24th day of September, 2007.
_______________________ Adalberto Jordan United States District Judge Copy to: All counsel of record
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