Thompson v. The Florida Bar

Filing 384

Plaintiff's MOTION to Vacate 383 Plaintiff's MOTION to Vacate 347 Order Dismissing Case (Now that Referee is shown to have received money from the Bar's indicted designated reviewer) (Now we have Bar employees giving the referee money!) by John B. Thompson. Responses due by 2/25/2008 (Attachments: # 1 Exhibit Min filing)(Thompson, John)

Thompson v. The Florida Bar

Doc. 384 Att. 1

IN THE SUPREME COURT OF THE STATE OF FLORIDA THE FLORIDA BAR, Complainant, v. JOHN B. THOMPSON, Respondent. CORRECTED SUPPLEMENT TO RESPONDENT'S VERIFIED MOTION TO DISQUALIFY REFEREE TUNIS COMES NOW respondent, John B. Thompson, hereinafter Thompson, on his own behalf and supplements his motion to recuse Referee Tunis from this action, stating: As Thompson has noted before, his abiding prayer is not "Lord send me more allies," but rather "Lord, send me more stupid enemies." Thompson's prayer has yet again been answered this day, to-wit: A more thorough check of Referee Dava Tunis' campaign contributions filed with Florida's Secretary of State reveals one more name of interest. On the very same day, October 11, 2007, that Bar Governor Ben Kuehne gave Tunis an improper contribution, a contribution in the same amount was given her by (drum roll, please) Barnaby Lee Min. Who is Barnaby Lee Min? Case Numbers SC 07 - 80 and 07 - 354

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Dockets.Justia.com

Mr. Min is the Miami office Bar prosecutor who was removed from this case because of his bias but who then improperly popped up at Thompson's trial to assist in the trial. Mr. Min then outdid even that misconduct by logging onto the "Justice Building Blog" Internet site to lie to the legal community about what was transpiring at Thompson's trial. Nothing Min told the legal community was true, and the record reflects it. It was a compendium of lies by a Bar prosecutor to harm Thompson. This was being done by Min during Thompson's Bar trial at which The Bar asserted that Thompson's appearance on 60 Minutes constituted unethical pretrial publicity three years prior to this day in 2008 when the Alabama case that was the subject of the 60 Minutes piece is not even set for trial! This lying misconduct prompted a remedial motion by Thompson, which Referee Tunis of course ignored. She also ignored the post-trial request, properly made pursuant to Florida law, which sought disclosure of all relationships, including financial and political ones, that might impact upon her impartiality in this case. If she had obeyed the law and answered that request, she would have disclosed the contributions by Kuehne and Min, made on the same day and in the same amount. What a coincidence. Both donations were a signal, made on the eve of Thompson's trial, communicating support for and approval of what she was doing. The Bar, which is an actual party in this

proceeding, can't be giving the referee money through its employee! Beyond that, any referee who would keep such a donation has lost her jurisprudential mind. This is so crude and overt that it reveals a brazen indifference to an appearance of impropriety. Thompson now has absolute, irrefutable grounds for her recusal, and he demands same. There are other remedies as well, but this is the one that now cannot be averted.

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I solemnly affirm, in making this oath, and under penalty of perjury, that the foregoing facts are true, correct, and complete, so help me God. I HEREBY CERTIFY that this has been provided this February 8, 2008, to Bar counsel Sheila Tuma, The Bar's Ken Marvin, and to all Bar Governors.

JOHN B. THOMPSON, Attorney Florida Bar #231665 1172 South Dixie Hwy., Suite 111 Coral Gables, Florida 33146 305-666-4366 [e-mail]

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