The signature on the loyalty oath taken by Judge Dava Tunis is a forgery. The judge recently recommended that anti-game crusader Jack Thompson be found guilty on
several charges of professional misconduct.
According to a report in the
Daily Business Review, with supporting material from the Florida legal blog, 'justicebuilding', "The state attorney’s office has concluded the signatures of three Miami-Dade judges were forged on their 2000 loyalty oaths, but no criminal charges will be filed."
The reason for the lack of criminal charges is down to the statute of limitations - it's apparently nothing to do with the fact that Florida judges can rule in cases of law, despite forged signatures (which they had nothing to do with and no knowledge of at all).
The forgeries came to light due to Thompson himself requesting an enquiry into the situation.
The 'close-out memo' (a memo summarising the investigation) states that, "Judge Tunis stated to investigators that the signature on the Loyalty Oath document is clearly a forgery, and that she had no recollection of having signed the form."
However, the memo also states, "There is no conceivable criminal motive for a judge to have participated in a forgery of his or her own loyalty oath."
The identity of the forger has not been discovered and, "It is unlikely that the identity of the forger could be conclusively determined through forensic handwriting analysis or other investigative means."
So, what does this mean to Jack Thompson? Well, the Florida legal authorities have already stated earlier this year via court spokeswoman Eunice Sigler that the "judge’s authority wasn’t in dispute because her power as a judge flows from the oath of office rather than the notarized loyalty oath."
Thompson himself has a different view, quoted in
Daily Business Review as saying, "The consequence for me is that she’s not a judge and doesn’t have the authority to act as a judge. All of her actions as referee are void, and I’ve told The Bar they have to start over again."
SPOnG has never been a fan of Thompson, his crusade or methods - however, it strikes us as somewhat strange that any legal authority can be seen as entirely fragrant and believable when the words 'loyalty 'oath', 'forged signature' and 'judge' appear in the same sentence (pardon the pun). We do, of course, accept that none of the judges in question are in anyway culpable...
Thompson is due to appear before Judge Tunis once again in a disciplinary hearing on June 4th. It is highly unlikely that the Florida legal system will revise its findings regarding his case - this is especially as Judge Tunis actually did sign a loyalty oath on February 4th this year.
Sources:
Daily Business Review
Copy of the Close-Out Memo via DBR
Justice Building Blogspot