Four Appointed to BPR, Chair and Vice Chair Named

In January, the Tennessee Supreme Court appointed four new members to the Tennessee Board of Professional Responsibility. They are Michael E. Callaway, Bell and Associates in Cleveland; Wade V. Davies, Ritchie, Dillard & Davies in Knoxville; Michael U. King, King Law Office in Huntingdon; and  J. Russell Parkes, Hardin Parkes, Kelley & Carter in Columbia.

The court also named Lela M. Hollabaugh of Bradley Arant Boult Cummings in Nashville as chair, and Clarence Halmon of Archibald & Halmon in Memphis as vice-chair of the board. Both will serve one-year terms. Kate Gooch and Halmon were reappointed to second three-year terms, which will expire on Dec. 31, 2013.

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: Timothy Williams Flohr, Greeneville; and Donald Sutherland Holm, Germantown.

Suspended

The Tennessee Supreme Court on Nov. 17, 2010, immediately and temporarily suspended the law license of Nashville lawyer Kymberly Haas after finding she failed to respond to the Board of Professional Responsibility about a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court. Haas may petition the court for such action upon a showing of good cause.

Wilson County lawyer Gary Wayne Vandever was summarily and temporarily suspended from the practice of law on Nov. 24 after the court found he failed to respond to the Board of Professional Responsibility about a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court. Vandever may petition the court for such action upon a showing of good cause.

On Dec. 8, 2010, the Tennessee Supreme Court temporarily suspended the law license of Shelby County lawyer Michael B. Barber for failure to respond to the Board of Professional Responsibility about a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court. Barber may petition the court for such action upon a showing of good cause.

The Tennessee Supreme Court temporarily suspended the law license of Shelby County lawyer Christopher Lee Brown on Dec. 14 for failure to respond to the Board of Professional Responsibility about a complaint of misconduct. The suspension remains in effect until dissolution or modification by the court. Brown may petition the court for such action upon a showing of good cause.

On Dec. 23, Arkansas attorney John P. Brizzolara was suspended for two years after pleading guilty to serious crimes involving prescription drug fraud, forgery and identity theft. Brizzolara entered a conditional guilty plea and accepted the suspension, which the court made retroactive to July 29 — the day Brizzolara was summarily suspended pending final disposition of his case. The court found that Brizzolara’s actions violated Rule 8.4 of the Rules of Professional Conduct, and ordered him to pay the costs associated with the disciplinary proceeding. The court noted that Brizzolara also is under suspension for failure to pay registration fees and failure to comply with continuing legal education requirements.

Disability Inactive

On Nov. 17, 2010, the Tennessee Supreme Court removed Weakley County attorney Kyle Eric Crowe from disability inactive status. Crowe was assigned to inactive status on Nov. 25, 2009. In Dec. 2009, a temporary suspension for misappropriation of funds was imposed on Crowe but stayed for the duration of the inactive designation. Though the inactive status has been removed, Crowe may not return to active status until the suspension is resolved.

Court of the Judiciary

On Dec. 13, 2010, the Court of the Judiciary issued a public reprimand to Rhea County General Sessions Judge James W. McKenzie of Dayton. The first matter, which was the subject of three of the four complaints filed against him, related to the fact that while judge, McKenzie also was a landlord and (1) permitted an attorney who rented office space from him to appear as legal representation for parties litigating in his court and (2) appointed that same attorney as a guardian ad litem in his court. The fourth complaint alleged that in open court, McKenzie used “an expletive wholly improper for a courtroom setting.” The court found that his actions violated Judicial Canons 3E and 4D(1)(b) but noted that he responded promptly to all complaints, admitted the facts of the complaints, accepted responsibility and was “thoroughly cooperative and forthcoming.” The court also found further mitigating circumstances to include the fact that the landlord-tenant relationship no longer exists and that there was no proof of favoritism shown to the tenant.

 

2009 and 2010 Rule 9 Suspensions

The following attorneys were suspended by the Tennessee Supreme Court on Dec. 3, 2010, for failing to pay the 2009 and 2010 state professional privilege tax as required by Tennessee Code Annotated 67-4-1 702. Pursuant to Supreme Court Rule 9, Section 32, attorneys who fail to pay the fee for at least two consecutive years are summarily suspended. Those who since have complied with the rule are noted as reinstated.

Tennessee

Antioch: Diana Doreen Shuck.
Brentwood: Shelley Renee Morrison-Taylor.
Chattanooga: David W. Hutton Jr.
Clarksville: Christopher Wayne Barber.
Cleveland: Willard W. Watts.
Franklin: Charles Joseph Eades Jr., William Warren Leech.
Gallatin: William Norman Ligon.
Hendersonville: Garry Christopher Forsythe, Lorraine Wade.
Jackson: Jacques Baer Glassman.
Kingston Springs: Rudick Joseph Murphy II.
Knoxville: Charles E. Fraley, M. Josiah Hoover III, John O. Threadgill.
McMinnville: Bruce Timothy Pirtle.
Memphis: Michael H. Adler, Robert James Barber, Christopher Lee Brown, Addie Marie Burks, Rosemary Clark, Emma LaNelson Cole, Paul Forrest Craig, Scott Cameron Cummins, LaShundra LaTrice Davis-Culpepper, Larry Allan Diamond, Bridgette Nicole Driver, John R. Dunlap, Timothy Darnell Flowers, Darryl Wayne Humphrey, William Clary Lunsford, Patricia Bryan Mauldin, Jack Lester Mewborn Jr., Kindle Elizabeth Nance, William Thomas Newton, Robert Joseph Ross II, Larry Michael
Sargent, Alisa Lashelle Simmons, David W. Spence, Mark David Talley, George Cornibe Wallace.
Murfreesboro: Tony Lawrence Maples, Andrew Lee Messick, Amy Lynn Voyles.
Nashville: Melissa Mary Allen, Gerald Wayne Davis, Matthew Kristian Eggleston, Joseph A. Giampapa, Newton S. Holiday III, Eugene James Honea, Sean K. Hornbeck, Jennifer Renée Rich Mueller, Byron Ray Simpson, David Standish Weed, Cherry Dawn Williams, Linda Lee Wilson.
Seymour: Brent Edwin Lowe.
White House: Gerard Thomas Nebel.
Whiteville: Jewel Guy Boozer.

Out of State

Alabama: Eric Stanley Black, James Robert Grisham, Diane Talbert Hutchins, Michelle DeLaine Mauldin, Beverly Bhaswattia Scruggs.
Arkansas: James R. Filyaw, Terry Goodwin Jones, Amy Catherine Martin.
California: Jonathan Grant Chance, Kathy Morristeen Gilmore, Damon Jarrid Lee, Steven Christian Sobotka.
Colorado: Mark Kevin Paitsel.
District of Columbia: Aaron Shainis, Michael E. Tucci.
Florida: David William Batchelder, Richard Rutherford Blews, Brendan Bradley, Dudley Ragland Cannon Jr., Jennifer Bales Drake, Peter Patrick Fondry, Harlington Leroy Hanna Jr., Diana Lynn Johnson, Phillip Edward Kuhn, Todd Steven Link, Gary Bryan Parrish, Sue Porter, April Elaine Rolle, Karen Marie Smith, Robert Louis Williams Jr.
Georgia: Jeffrey Walker Frazier, Robert Joseph Lowe Jr., James A. Meaney III.
Illinois: Andrew Michael Kopec, Byron Lee Mason, Ronald Graham Robbins, Marcia Luloff Sabesin.
Indiana: Michelle Lorraine Betserai, William Thomas Winchester.
Kentucky: Timothy Wayne Allen, James John Barrett III, Michael C. Bratcher, Christine Lea Durrett, Jeffrey Franklin Ellis, Leroy Arlis Gilbert Jr., Margie Lynn Loeser, Kevan Morgan, Terri Renee Farris Mussetter, Sue Ellen Prater, Louis William Rom.
Louisiana: Jimmy Don Kelly Jr.
Michigan: Delores Charlotte Korb.
Missouri: Thelma Jean Copeland, Winsome Ann Henry, David Charles Howard, David Lynn Whitt.
Mississippi: Robert Bellarmine Gaia, Lauren J. Hutchins, John Marshall Lusk Jr., George McFall, Clay Spencer Nails, Lauren Carson Williams.
North Carolina: Randolph Cartwright Dow, Jill B. Martin, Joseph Randall Martin.
Nevada: Le’Dell Sanders Joiner.
New York: Mark Anthony Carey, Terrence Matthew Kelly, Mark J. Kurzmann, Robert Oliver Link Jr., David Seth Michaels.
Ohio: Robert Natole Farinacci.
Pennsylvania: Mark Thomas Wade.
South Carolina: Frederic S. Leclercq, Angela Terri O’Neal.
Texas: Ronald B. Cosgrove.
Utah: Kip P. Roth.
Virginia: Kimberly Denise Bolinskey, Terry Carroll Frye, Ronnie Huggins.
Washington: Tara Nicole Gillespie, Heather Ann Singleton.
West Virginia: Randy Keith Miller.

International

Israel: Richard Kantor, Yehudit Pasternak.
Italy: James Henry Lynch Jr.
South Korea: Hye Youn Kim.