Judge Dava Tunis' full report to the Florida Supreme Court in Jack Thompson's Florida Bar Trial, in which she recommends permanent disbarment for the attorney, also recommends he pay disciplinary costs of $US 43,675.35.
Judge Tunis, Referee in the case, noted in her 169-page report that she considered some 5,900 pages of evidence, "hundreds, maybe more" documents submitted over the past eighteen months of litigation.
Among these, according to Tunis:
Therein were page-sized photos of men, portraying full frontal nudity, including photos depicting men engaging in oral sex. This fax was accompanied by at least twenty websites, whose names suggested they were websites containing pornographic material.
The report also details Thompson's many legal manoeuvreings in the case, including a request for a continuation citing unfair treatment of his case in light of his wife's poor health. Attached to the report in support of several claims of misconduct against Thompson were letters he wrote to numerous attorneys, governors, Attorney General Alberto Gonzales, actor Joe Pesci and even President Bush.
Finally the report included Thompson's history of anti-game litigation, notably a case titled Steve Strickland et. al. v. Sony Corporation of America, et. al, in which Thompson led a suit alleging Sony, Take-Two and Rockstar were responsible for the "Grand Theft Auto" killings of two police officers and a radio dispatcher by Devin Moore. The lawsuit was ultimately dismissed due to Thompson's failure to file several key documents correctly. In Moore's criminal trial, his 'GTA defence' was rejected.
The judge in that case, Judge Moore, filed a complaint against Thompson that asked he use third parties to distribute communication of any kind regarding the case rather than submit it himself. When asked why he filed the complaint, the judge said:
Because he was continuously sending documents to my office; three, four, five times a day, easy. Every day, it seemed like, a lot; plus when he would send his media alerts out that he composed and sent out, when he sends them to these media people, then they call my office. We got calls from all over the world about this, and it was extremely disruptive.
Thompson ignored the complaint and, according to the full report, "conducted himself in complete contravention to the court's order".
During Thompson's June sanctions hearing, Judge Tunis found Thompson guilty of 27 out of 31 incidents of such misconduct, and the Florida Bar asked Judge Tunis to recommend disbarment for him. Her report, released today, recommends a permanent disbarment for Thompson, though the final ruling is up to the Florida Supreme Court.
The Judge recommended the disbarment based on Thompson's "abuse of the legal process, violations of other duties owed as a professional, and prior discipline orders". Additionally, the report found that Thompson's case had such mitigating factors as:
9.22(a) prior disciplinary offences;
9.22(b) dishonest or selfish motive;
9.22(c) a pattern of 162 misconduct involving repeated or similar misconduct;
9.22(d) multiple offences;
9.22(e) bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency;
9.22(f) submission of false evidence, false statements, or other deceptive practices during the disciplinary process;
9.22(g) refusal to acknowledge wrongful nature of conduct; and,
9.22(i) substantial experience in the practice of law.
Read the full 169-page PDF here.