DISABILITY INACTIVE

The law license of Davidson County lawyer Travis Waymon Tipton was transferred to disability inactive status on Sept. 27. Tipton may not practice law while on inactive status but may petition for reinstatement to active status by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

REINSTATED

The following lawyers had their law licenses reinstated after being on inactive status for more than five years:

• Montgomery County lawyer Dillon E. Barker, Aug. 21
• Washington, D.C., lawyer Marc Scandlyn Brewen, Aug. 4
• Virginia lawyer Katherine Villane Johnson, Aug. 10
• Georgia lawyer Kara Elizabeth Phillips, Sept. 18
• Williamson County lawyer Erika D. Roberts, Aug. 10
• Alabama lawyer Amanda Kay Snipes, Aug. 11
• Rhea County lawyer Lee R. Thurman, Sept. 20
• Knox County lawyer Robert Thomas Weaver, Sept. 13
• Shelby County lawyer Zipporah Williams, Aug. 22

REINSTATEMENT PETITION DISMISSED

The Tennessee Supreme Court dismissed a reinstatement petition filed by Blount County lawyer Charles David Deas on Aug. 8. Deas was suspended on Oct. 12, 2020, and remained suspended until the court transferred his law license to disability inactive status on March 18, 2022. The Board of Professional Responsibility opposed reinstatement. The court agreed, saying Deas failed to provide a factual or legal basis for reinstatement, that he failed to attach evidence demonstrating a change in his physical or mental health, and that he sought relief only from the temporary suspension, which was dissolved when he was transferred to disability inactive status.

DISCIPLINARY
Disbarred

The Supreme Court of Tennessee permanently disbarred Roane County lawyer Kent Lowery Booher from the practice of law Aug. 8. The court took the action after Booher’s felony conviction of illegal sexual contact with minor children, intent to distribute visual media relative to that illegal conduct, and violation of sex offender registry requirements. The court determined that those offenses constituted serious criminal conduct involving dishonesty, fraud, deceit or misrepresentation; was prejudicial to the administration of justice; and reflected adversely on his honesty, trustworthiness or fitness as a lawyer. Booher’s actions were determined to violate Tennessee Rules of Professional Conduct 8.4(a), (b), (c) and (d).

Washington, D.C., lawyer Jay Arthur Rosenberg was permanently disbarred from practicing law in Tennessee on Aug. 8. The Supreme Court of Tennessee took the action based on an order of disbarment from the District of Columbia Court of Appeals on April 20. On June 8, the Tennessee court asked Rosenberg to respond as to why disbarment should not be imposed. The court reports that Rosenberg did not file a response.

Montgomery County lawyer Robert Louis Booker was permanently disbarred from the practice of law on Oct. 2. The court found that Booker, in representing a client in a contested divorce, charged a $3,200 non-refundable fee without a written agreement, or alternatively failed to deposit the fee into an IOLTA account as a retainer and bill against it. In addition, Booker failed to explain the scope of his representation to his client, and because he did not have a written fee agreement, failed to have proper grounds to withdraw based upon the assertion that the client failed to make payments as agreed. Finally, the court found that Booker impermissibly disclosed confidential information pertaining to the client in his motion to withdraw and failed to respond to letters from the Board of Professional Responsibility seeking a response to the complaint. His actions were determined to violate Tennessee Rules of Professional Conduct 1.5(b)(f), 1.15, 1.16(b)(5), 1.6, 8.1(b) and 8.4(a)(d).

Suspended

The Supreme Court of Tennessee temporarily suspended Joseph Houston Crabtree Jr. from the practice of law on Sept. 7, after finding that Crabtree failed to respond to the Board of Professional Responsibility concerning a complaint of misconduct. Crabtree previously was suspended on Nov. 22, 2022, for a period of three years, with one year to be served on active suspension and the remaining two years on probation. That suspension remains in effect.

The Tennessee Supreme Court suspended Davidson County lawyer Newton S. Holiday III from the practice of law on Aug. 17 for two years, with six months to be served on active suspension and the remainder on probation. The court found that Holiday failed to act with reasonable diligence; failed to communicate with a client or keep her informed of significant events and developments in her case; accepted representation pursuant to a contingent fee agreement that was not in writing; and secured the client’s acceptance of a settlement without advising the client of his conflict of interest. These actions were determined to violate Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5(c), 1.8(h) and 8.4(a). The court also conditioned reinstatement on payment of $9,500 in restitution, engagement of a practice monitor and payment of the disciplinary costs.

Knox County lawyer Keith Allen Pope was temporarily suspended from the practice of law on Sept. 12. The court took the action upon finding that Pope was substantially non-compliant with a Tennessee Lawyers Assistance Program and posed a threat of substantial harm to the public. The court also allowed the Board of Professional Responsibility to file exhibits in the case under seal. The court said the documents contained personal healthcare information, which was confidential and not public record.

The Tennessee Supreme Court suspended Shelby County lawyer Brian Chadwick Rickman from the practice of law on Sept. 11 for five years, with two years to be served on active suspension and three years on probation. The court took the action based on six disciplinary complaints, including that Rickman failed to ensure the safekeeping of client funds, protect clients against misconduct by his supervising employer, and report supervisors’ misconduct to the court or the Board of Professional Responsibility. He also failed to comply with court orders directing the disbursement of client funds, comply with requests for information from the board and notify the court and opposing counsel of his suspension. Rickman agreed to a conditional guilty plea acknowledging his conduct violated Rules of Professional Conduct 1.2, 1.15, 3.4, 5.1, 8.1(b), 8.3 and 8.4(d) and (g).

The Tennessee Supreme Court temporarily suspended Monica Aislynn Timmerman from the practice of law on Sept. 27 after finding she was substantially non-compliant with a Tennessee Lawyer Assistance Program and posed a threat of substantial harm to the public. Timmerman is immediately precluded from accepting any new cases and must cease representing existing clients by Oct. 27.

Censured

South Carolina attorney Keith Lane Edmiston was censured by the Tennessee Supreme Court on Sept. 26. He also was ordered to make restitution to one client in the amount of $1,725 and to his former law partner in the amount of $335. The court found that Edmiston accepted a $600 fee to defend a client against a lawsuit but failed to appear at a hearing on the matter. He then accepted $1,125 to appeal the matter but filed no appeal and took no further action. In another case, Edmiston accepted $335 from a client for whom he was to file bankruptcy. Edmiston did not pay the filing fee to the court, did not place it in trust and did not return it to the client. His former law partner eventually paid the fee. In another bankruptcy case, Edmiston filed the matter but failed to respond to multiple inquiries from the client. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.15, 1.16, 3.4 and 8.4.

Williamson County lawyer Tiffany Marcilynne Johns was censured by the Tennessee Supreme Court on Aug. 7. The court found that Johns, while representing a client in an uncontested divorce, failed to send a draft marital dissolution agreement to the spouse for five months. After the agreement was executed, Johns appeared in court to enter the final decree, but she did not provide the court with the original decree. The final decree of divorce was not entered until June 2023. The court found that Johns failed to respond to requests for information from her client and determined that she violated Rules of Professional Conduct 1.3 and 1.4.

Board of Judicial Conduct

The Board of Judicial Conduct issued an interim suspension for Hawkins County Juvenile Judge Daniel Boyd on Aug. 16. In its order, the board says it took the action after Boyd was indicted on three counts of forgery. It also notes that Boyd was charged with one count of criminal simulation and one count of bribing a witness. Tennessee law allows for the immediate interim suspension of judges upon the filing of an indictment. The board said it determined that it was in the public interest and proper administration of justice to take that action. While suspended, Boyd may not exercise any judicial power or authority.

The Board of Judicial Conduct has issued a public reprimand for Putnam Country Judge R. Steven Randolph related to comments made in a video posted to the Putnam County School’s Instagram page.

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. |||