Thompson v. The Florida Bar

Filing 146

Notice of Supplemental Authority re 120 Response in Opposition to Motion to Dismiss by Dava Tunis by John B. Thompson (Attachments: # 1 Supplement USSC Case Authorizing Injunction of Judge's Discharging State Bar Duties)(Thompson, John)

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Thompson v. The Florida Bar Doc. 146 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA JOHN B. THOMPSON, Plaintiff, v. THE FLORIDA BAR and DAVA J. TUNIS, Defendants. PLAINTIFF'S NOTICE OF FILING SUPPLEMENTAL CASE AUTHORITY IN OPPOSITION TO DEFENDANT TUNIS' MOTION TO DISMISS COMES NOW plaintiff, John B. Thompson, as an attorney on his own behalf, and hereby provides to the court supplemental case law authority in opposition to defendant Tunis' motion to dismiss and her reply memorandum: Attached hereto is the United States Supreme Court case of Supreme Court of Virginia v. Consumers Union, 462 U.S. 1137 (1983), which clearly states that judges discharging their ministerial duties, and non-purely judicial duties, on behalf of state bars can be restrained by injunctions, the representations of The Florida Bar's record counsel herein to this court notwithstanding. Not for the purpose of argument but to state the obvious: Dava Tunis in fact is not acting as a "judge" in the disciplinary proceedings against Thompson. She is acting as a hearing officer/referee. The Bar itself calls these "quasi-judicial" proceedings, so any desperate attempt by The Bar to suggest that she is discharging purely judicial duties while presiding over the disciplinary proceedings against Thompson is absurd on its face. Case No. 07-21256 (Judge Adalberto Jordan) 1 Dockets.Justia.com She is not a "judge" for purposes of these proceedings, and the attached case from U.S. Supreme Court, which plaintiff assumes The Florida Bar still thinks is an authoritative body, says that makes all the difference. I HEREBY CERTIFY that this has been served upon record counsel this 2nd day of October, 2007, electronically. /s/ JOHN B. THOMPSON, Plaintiff Attorney, Florida Bar #231665 1172 South Dixie Hwy., Suite 111 Coral Gables, Florida 33146 Phone: 305-666-4366 amendmentone@comcast.net 2

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