Thompson v. The Florida Bar

Filing 87

Notice of Supplemental Authority in Support of Preliminary Injunction (Selective Prosecution/Equal Protection Issue) by John B. Thompson (Attachments: # 1 # 2)(Thompson, John)

Thompson v. The Florida Bar

Doc. 87

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 FILING OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PRELIMINARY INJUNCTION COMES NOW plaintiff, John B. Thompson, hereinafter Thompson, as an attorney on his own behalf, and provides to the court additional supplemental factual authority in support of his prayed for preliminary injunctive relief stating: 1. The Bar has demanded, in the state bar disciplinary proceedings, that Case No. 07-21256 (Judge Adalberto Jordan)

Thompson agree to plead guilty to certain ethics charges and then be examined by the Florida Lawyers Assistance program to determine whether he is mentally incapacitated. Thompson has already delineated, to this court, the patent absurdity of the sequence of those events. He has also pointed out that The Bar is violating its own Bar Rules, specifically Rule 3-7.13 in making such a demand without even opening a Bar file and conducting a formal investigation first to determine whether such a mental assessment demand is warranted. 2. The Bar has decided to violate its own Rules in this regard because a) it knows Thompson is not mentally incapacitated, and b) The Bar simply wants to harass Thompson with this lunacy examination demand in order to make his disbarment more likely by thwarting any possible amicable resolution of this matter. The Bar has

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improperly tied the lunacy issue to the ethics issues in a demonstrable act of bad faith. The already filed Forensic Psychological Report of Dr. Oren Wunderman is highly probative of whether this Bar stunt constitutes "bad faith" as that term relates to the constitutional issues before this court. 3. What Thompson now has and files with this court is additional and stunning proof of the "selective prosecution" of Thompson on this incapacity issue. Such selective prosecution is evidence of a denial of equal protection, which is also highly germane to the issue of whether this court should enjoin these state disciplinary proceedings. 4. Thompson has this day been provided with the remarkable visual proof of the decision of The Florida Bar to whitewash, through its disciplinary system, the drunk driving and mental illness of a Florida Bar-licensed, Tampa lawyer John Robert Hamel. 5. Attached hereto are two documents that cry out for Hamel's discipline by The Florida Bar. The first attached item is an eleven-page document delineating Mr. Hamel's dui arrest. The second is a three-page document, a Power of Attorney, which was executed because of Mr. Hamel's self-admitted mental incapacity. 6. Provided also is the link to Mr. Hamel's sobriety test while in custody and available to all the world on YouTube at http://www.youtube.com/watch?v=QpKkfRcpOY&eurl=http%3A%2F%2Fwww%2Efloridabarcard%2Ecom%2F . 7. The Florida Bar received a sworn Bar complaint alleging, among other things, Mr. Hamel's incapacity. The above three items demonstrate the impairment. The Bar was given them, and more. What did The Florida Bar do? The Bar found "no probable cause" and Thompson confirms that Mr. Hamel's disciplinary history is clean as a whistle. He also confirms that Mr. Hamel is practicing law.

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8. This is pretty remarkable stuff. On the one hand, The Bar makes settlement of Thompson's alleged "ethics" problems impossible by virtue of a demand for lunacy proceedings even though it has absolutely no complaint from anyone in that regard, and on the other hand The Bar, having received a sworn complaint about Mr. Hamel, the validity of which is shown by the two attached documents and Hamel's YouTube sobriety test, gives Mr. Hamel a free pass! It appears the lunatics are running The Bar asylum. 9. The Bar has given Mr. Hamel a pass because of who he is and whom he knows, just as Bar President Miles McGrane's survey of Florida Bar members found is the standard modus operandi of The Florida Bar. 10. As already noted, the most abiding Bar SLAPP Bar complainant against Thompson is Ft. Lauderdale ACLU and gay rights activist Norm Kent, who has admitted in formal court filings his illegal drug use. The Bar, when asked to act upon that admission of illegal drug use by Kent, has refused to do so, and yet it has acceded to Kent's wishes, repeatedly uttered, that The Bar should hector Thompson with lunacy proceedings. If this is not bad faith by The Bar, then there is no such animal. 11. The Bar's double standard on the impairment issue is so clear when it comes to Thompson that this indicates bad faith as bad as bad faith gets. WHEREFORE, let the preliminary injunction issue. I HEREBY CERTIFY that this has been served upon record counsel this 7th day of September, 2007, electronically. /s/ JOHN B. THOMPSON, Plaintiff Attorney, Florida Bar #231665 1172 South Dixie Hwy., Suite 111 Coral Gables, Florida 33146 Phone: [phone] [e-mail]

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