DISABILITY INACTIVE

The law licenses of the following lawyers were transferred to disability inactive status. They may not practice law while on inactive status but may petition for reinstatement to active status by showing clear and convincing evidence that the disability has been removed and they are fit to resume the practice of law.

• Maury County lawyer James Thomas DuBois Jr., Feb. 13
• Knox County lawyer Daniel Clyde Fielden II, March 13
• Knox County lawyer James Robert Stacy, Feb. 23

REINSTATED

The following lawyers were reinstated to the practice of law in Tennessee after being on inactive status for more than five years:

• Knox County lawyer Bethany Taylor Greenoe, Feb. 28
• Davidson County lawyer Jonathan Lionel Stein, Feb. 16
• Arizona lawyer Jessica Lynn Torres, Jan. 23

Hamblen County lawyer Douglas Ralph Beier was reinstated to the practice of law on March 10 with two conditions. He must engage a practice monitor for six months and complete a minimum of 15 hours of continuing legal education, including at least three hours of legal ethics, every year he is licensed to practice law. Beier was suspended by the Tennessee Supreme Court for two years on Oct. 2, 2020. He filed a petition for reinstatement on Sept. 20, 2022.

MATTER REFERRED TO HEARING PANEL

The Tennessee Supreme Court on March 20 referred the case of Sumner County lawyer Andy Lamar Allman to the Board of Professional Responsibility for a determination of final discipline. Allman pled guilty to and was convicted in Davidson County Criminal Court of one count of felony theft of property valued at $60,000 or more. Because Allman is already disbarred, the court said an order for immediate suspension was not necessary.

MOTIONS, PETITIONS & PLEAS DENIED

On March 21, the Tennessee Supreme Court rejected a conditional guilty plea submitted by lawyer Troy Lee Bowlin saying the recommended punishment was too harsh. Bowlin filed the plea on Feb. 13 following a complaint of misconduct. The Board of Professional Responsibility considered the complaint and proposed a term of suspension. In reviewing the proposed suspension and plea, the court said it “has concerns that the recommended punishment, in particular the period of active suspension, is too harsh.” It referred the matter back to the board for “further proceedings consistent” with its order.

The Tennessee Supreme Court on Feb. 15 denied a motion from Knox County lawyer Keri Elizabeth Rule requesting a show cause hearing. The court took the action after the Board of Professional Responsibility opposed it.

The Tennessee Supreme Court on March 9 denied a petition for reciprocal discipline from Knox County lawyer Elliott James Schuchardt, who was asking the court to suspend him for two years following a similar suspension by the U.S. District Court for the Eastern District of Tennessee. The district court also imposed conditions on his reinstatement. The state Supreme Court rejected that approach, saying that factual allegations that served “as an underlying basis” for the federal court order are now the subject of disciplinary proceedings in Tennessee. The Board of Professional Responsibility alleged that Schuchardt’s purpose in filing the petition was to “execute an ‘end-run’ around the pending disciplinary proceedings prior to a final disposition … .” The court also denied a motion from Schuchardt to strike a response from the Board of Professional Responsibility in his disciplinary case.

DISCIPLINARY
Disbarred

The Tennessee Supreme Court disbarred Wilson County lawyer Jennifer M. Porth from the practice of law on Feb. 7. The court took the action after finding that Porth failed to file accountings for three clients in conservatorships and three estates in probate matters. The court also found that she misappropriated and converted funds from the estates to her own personal use, failed to abide by clients’ wishes relative to various assets of the estates, failed to properly communicate with the clients, failed to obtain permission from the court for attorney fees, failed to turn over client materials in a timely manner and failed to timely and diligently represent her clients. According to the court, Porth consented to disbarment because she could not successfully defend against the alleged charges. Her actions were determined to violate  Rules of Professional Conduct 1.2, 1.3, 1.4, 1.5, 3.2, 3.4 and 8.4(a), (c), (d) and (g).

Suspended

Williamson County lawyer Melissa Ann Baker was suspended from the practice of law on Feb. 6 for three years, with one year to be served on active suspension and the rest on probation. The Tennessee Supreme Court conditioned the probation on Baker engaging a practice monitor and complying with recommendations from the Tennessee Lawyers Assistance Program. The court imposed the discipline after finding that Baker (1) failed to file responses to two motions; (2) made material misrepresentations during oral argument; (3) failed to file responses to motions, which resulted in the dismissal of the client’s case; (4) failed to timely produce information to opposing counsel; and (5) filed inappropriate motions in juvenile court. Her conduct was determined to violate Rules of Professional Conduct 1.1 , 1.3, 1.4(a) and (b), 3.1, 3.2, 3.3(a)(1), 3.4(c), 4.2, 4.4(a) and 8.4 (a), (c) and (d).

The Tennessee Supreme Court on Feb. 6 suspended Ryan Bodiford Feeney from the practice of law for six months, with the first 30 days as active suspension and the remainder served on probation. Feeney executed a conditional guilty plea to a complaint that claimed he failed to communicate reasonably with his clients regarding prior suspensions, failed to withdraw from representation during his prior suspensions and knowingly practiced law on multiple occasions during his prior suspensions. Feeney agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.4, 1.16 and 5.5.

Rutherford County lawyer Andre Chase Rabideau was suspended from the practice of law on Feb. 27. The Tennessee Supreme Court took the action after learning that Rabideau failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct.

Puerto Rico lawyer Rafael Velez on Feb. 24 was suspended from the practice of law in Tennessee for one year, with 30 days to be served on active suspension and the remainder on probation. The probation is conditioned on compliance with a practice monitoring agreement and payment of all costs and fees associated with the disciplinary action. Velez agreed to a conditional guilty plea as to two separate disciplinary complaints and acknowledged his conduct violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.2, 3.4(c) and 8.1(b).

Censured

Shelby County lawyer David R. Huggins received a public censure from the Tennessee Supreme Court on Feb. 3. The court took the action after determining that Huggins failed to take proper action in the case, failed to expedite litigation and failed to follow court rules and orders. He also was found to have engaged in the unauthorized practice of law. His actions were determined to violate Rules of Professional Conduct 1.3, 3.2, 3.4 5.5(a) and 8.4(d).

Board Of Judicial Conduct

Meigs County General Sessions Judge Casey Stokes was publicly reprimanded by the Board of Judicial Conduct on Jan. 11. According to the reprimand, Stokes called a litigant a “tough guy” during an October hearing and said to the litigant, “I hope you meet someone just like yourself one day.” Stokes also told the litigant’s daughter to “shut up” during court. In his response, Stokes acknowledged saying these things and added that the litigant and his family were being rude to the opposing party and had interrupted Stokes. The board wrote in its reprimand that, no matter how tense a situation, it is important for a judge to “remain dignified and composed and not be drawn into an escalating situation.”

Administrative Suspensions

Notice of attorneys suspended for, and reinstated from, administrative violations — including failure to pay the Board of Professional Responsibility licensing and inactive fees, file the required IOLTA report, comply with continuing legal education requirements, and pay the Tennessee professional privilege tax — is on the TBA website at www.tba.org/administrative_suspensions. |||