gay porn do not file Above the Law blog.jpgWhen it comes to knowing how to make proper court filings, don’t bother with the FRCP, or even the local rules. Just read ATL.
We tell you everything you need to know. E.g., don’t file an egg with Judge James Muirhead (D.N.H.).
And don’t file gay pornography with Judge Adalberto Jordan (S.D. Fla.). From GamePolitics.com:

That gurgling sound you hear could be Jack Thompson’s legal career swirling down the ‘loo.

The frequent video game critic, already facing professional misconduct charges from the Florida Bar which could see him stripped of his license to practice law, has outraged a U.S. District Court judge by including images of men having sex in a document filed with the court last week.

What was he thinking? And no, the gay porn was not essential to the case (as it might have been in, say, an obscenity prosecution arising out of said porn).
More details — if you want them — after the jump.


Jack Thompson wanted to smear one of his nemeses, Norm Kent, a criminal defense attorney who also happens to publish the National Gay News website. GamePolitics explains:

[Norm Kent] was criticized by Thompson in last week’s court filing for “distribution of hardcore porn to anyone of any age.”

Not content to make that alleged point in writing, Thompson attached several gay porn pictures to his motion with Judge Jordan. The pictures apparently do not come directly from the National Gay News site, but rather are contained on sites linked from NGN’s adult links section.

So how did this all go over with Judge Jordan?

His Honor was not amused.

In an order issued on Monday, Judge Jordan directed Thompson to show cause as to why he should not face sanctions, including possible contempt charges. Judge Jordan wrote:

“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…”

“To the extent that the other attorney’s alleged conduct is in any way relevant… 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…”

Some writing teachers tell their pupils: “Show, don’t tell.” But this probably wasn’t what they had in mind.
How did Jack Thompson respond to this benchslap?

In the wake of Judge Jordan’s order, Thompson has filed (at last count) four responses. In the first, he proclaims that he is ready to go to jail over the issue:

“Thompson may have more to say in his own defense as to his alleged contemptuous behavior, but at this juncture, with all respect, he does not apologize for nor regret what he has done… if this court desires to throw Thompson into jail for trying to sound the alarm in this dramatic fashion… then Thompson is prepared to go there.”

We hope that Thompson actually likes gay porn — ’cause if he goes to jail, he could end up starring in some of it himself.
Judge Spanks Jack Thompson for Including Gay Porn with Court Filing [GamePolitics.com]
Earlier: ATL Practice Pointers: Do Not File An Egg with Judge Muirhead


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