GameCyte

As giddy as we are over the news of Jack Thompson’s disbarment, we’d be doing the man a grave disservice if we didn’t expect him to fight the Florida Supreme Court’s decision, tooth and nail. And, while his fate seems to be all but sealed at this point, there is the matter of the “emergency” motion that he filed to overturn the court’s decision. Could it work? Could Jack find a way around his career’s death sentence? Well, our opinion on Jack’s filing wouldn’t be terribly worthwhile; we are not lawyers. So, naturally, we asked someone who is a lawyer.

GameCyte’s legal consultant took the time to review the emergency motion (as reproduced by Kotaku), and had this to say:

I was taught in law school that it isn’t the number of arguments or pages in your brief that matter, but the cogency and relevance of your arguments. My guess is that a lot of Jack’s stuff doesn’t mean, well, jack. The issue regarding Richard Gorman touches on one issue that usually is of interest to courts — the right of adequate defense and counsel — but given the claim of “obstruction of justice by the Florida Bar and its Governors,” I’m not guessing that this guy is going to Ride Old Sparky at dawn next Tuesday if Jack isn’t there to act as his counsel. My guess: that argument isn’t going to mean much.

Spinning conspiracy theories about the Bar Association — judges are members, too — is not really calculated to win over a court. Also, I doubt they’ll put much stock in an “emergency motion” when the issue of Gorman could have been raised in the proceedings proper. Emergency motions are used when there’s fresh information developed at the last minute. 77 defendants may look impressive, but I doubt there’s much discrimination in choosing which of those defendants have knowledge and relevance to the case, even assuming there’s anything there. A lot of times, folks will throw a batch of names against a wall to see what sticks; that’s a main tactic in asbestos litigation, one of my personal bugbears.

Referring to one’s self in the third person (granted, a press release) is an indication that I do not believe this man has the full complement of court cards in his deck. Indeed, compare Judge Tunis’ report to the press release. They fit neatly together.

I’d say it’s a lead pipe cinch the emergency motion will get shot down, post haste.

Our legal consultant is certified to practice law in New York and New Jersey, not Florida, but this would seem to lend credence to our original theory — Thompson is grasping at the few straws he has left, and Richard Gorman just happens to be the straw du jour. We eagerly await Jack’s next attempt.

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