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:
Daniel William Champney, Nashville
Norman Gregory Durham, Sanford, N.C.
Andre Philip Johnson, Nashville
Mary Hovious Stout, Memphis

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:
Varonica R. Cooper, Cordova
Helen Mary Donnelly, Jamesville, N.Y.
Charles Everett Robinson, Rocky Mount, N.C.
Teresa Annette Scott, Bowie, Md.
James Robert Smoot, Memphis

Dyersburg attorney Martin Lynn Howie was reinstated to the practice of law on Dec. 11, 2009. He had been suspended on Sept. 16, 2009, for failure to respond to a complaint of misconduct.

Reinstatement Denied

On Dec. 8, 2009, the Tennessee Supreme Court denied a request from Knoxville lawyer James L. Milligan Jr. that his law license be reinstated. In June 2005, Milligan was suspended for two years for misappropriation of funds. In June 2007, he petitioned the court to reinstate his license. In evaluating reinstatement requests, the court determines whether the suspended attorney has, by clear and convincing evidence, proven that he or she has met three criteria. In this case, the court determined that Milligan failed to prove two of the three criteria: having the moral qualifications to practice law and that resumption of practice would not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive to the public interest. He must wait three years before seeking reinstatement again.

Censured

On Dec. 7, 2009, Robert Farinacci, an Ohio attorney licensed to practice in Tennessee, received a public censure from the Tennessee Supreme Court for continuing to practice law while suspended. Farinacci was suspended on Aug. 29, 2008, for noncompliance with continuing legal education (CLE) requirements. He subsequently complied with the requirements and paid the requisite fines and fees. On Dec. 8, 2008, his law license was returned to active status. After reviewing the matter, the court determined that while suspended Farinacci violated Rule 5.5 of the Rules of Professional Conduct, which prohibits the unauthorized practice of law.

On Dec. 21, 2009, Hendersonville attorney Cheryl J. Skidmore was publicly censured by the Tennessee Supreme Court for failing to ensure that an order was sent to opposing counsel and that the order adequately reflected the judgment of the Juvenile Court. Skidmore submitted a conditional guilty plea and agreed to the suspension. The court determined that her actions violated Rules of Professional Conduct 3.1, 3.2(a), 3.3(a)(b) and 8.4(a). In addition to imposing the censure, the court ordered Skidmore to pay the costs of the disciplinary proceeding.

Chattanooga lawyer Tabitha Finch was publicly censured by the Tennessee Supreme Court on Dec. 22, 2009, for failing to diligently represent clients, communicate with clients, properly terminate representations of clients and adequately respond to the Board of Professional Responsibility. The court determined that her actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.16, 8.1(b) and 8.4(a). Finch submitted a conditional guilty plea and agreed to the censure. In addition to imposing the censure, the court ordered Finch to pay the costs of the disciplinary proceeding.

Lawrenceburg lawyer James Daniel Freemon was publicly censured by the Tennessee Supreme Court on Dec. 22, 2009, for failing either to withdraw from representation of his client or to notify the court of false testimony presented by a witness for the state in the prosecution of his client. Freemon submitted a conditional guilty plea and agreed to the censure. The court found that his actions violated Rules of Professional Conduct 3.3 and 8.4(a). In addition to imposing the censure, the court ordered Freemon to pay the costs of the disciplinary proceeding.

Suspended

The Supreme Court of Tennessee on Nov. 25, 2009, temporarily suspended Jackson lawyer Charles Mark Pullen from the practice for failure to comply with his Tennessee Lawyers Assistance Program contract.

On Nov. 30, 2009, Franklin lawyer W. Ray Culp III was suspended for five years after pleading guilty to one count of attempted extortion in the case of USA v. Culp. Culp entered a conditional guilty plea in the disciplinary matter and accepted the suspension. The five-year suspension takes into account time spent on summary suspension since April 3, 2006, and two and one half years of a suspension imposed on Sept. 30, 2008. The Tennessee Supreme Court found that Culp's actions violated Rule 8.4 of the Rules of Professional Conduct. In addition to imposing the suspension, the court ordered Culp to pay the costs of the disciplinary proceeding.

The Supreme Court of Tennessee temporarily suspended the law license of Dickson lawyer William Warren Leech on Nov. 30, 2009, for failure to comply with his agreement with the Tennessee Lawyers Assistance Program. The suspension remains in effect until dissolution or modification by the court.

On Nov. 30, 2009, Knoxville lawyer John O. Threadgill was suspended for one year for three violations of the disciplinary rules. The court found that he habitually deposited client funds into personal accounts rather than maintaining the funds in trust accounts; failed to provide clients with regular, accurate accountings; and converted client funds " violations of Disciplinary Rule 9-102 of the former Code of Professional Responsibility and Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16 and 8.4 of the Rules of Professional Conduct. In addition to imposing the suspension, the court ordered Threadgill to pay the costs of the disciplinary proceeding.

On Dec. 3, 2009, the Tennessee Supreme Court temporarily suspended Covington lawyer Richard D. Cartwright from the practice of law after finding that he failed to substantially comply with a contract entered into with the Tennessee Lawyers Assistance Program. Cartwright is also serving a suspension related to a prior disciplinary matter.

The Supreme Court of Tennessee temporarily suspended the license of Maryville lawyer Charles Alphonso Carpenter on Dec. 8, 2009, after he failed to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.

Murfreesboro lawyer Tony Lawrence Maples was temporarily suspended on Dec. 8, 2009, after he failed to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.

Waynesboro lawyer John Wilburn Castleman Jr. was suspended on Dec. 14, 2009, for failure to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.

On Dec. 23, 2009, Memphis lawyer Charles A. Sevier was suspended by the Tennessee Supreme Court for failing to inform a client that he had an affair with that client's wife prior to representing the client in a divorce proceeding against the wife. The court imposed a one-year suspension but allowed Sevier to serve the last six months on probation so long as he satisfactorily completes six months of active suspension. The court also ordered him to pay the costs of the disciplinary proceeding. The court determined that Sevier's actions violated Rules of Professional Conduct 1.7 and 8.4. Sevier submitted a conditional guilty plea and accepted the suspension.

Disbarred

On Dec. 1, 2009, the Tennessee Supreme Court disbarred Chattanooga lawyer Robert Philip Rayburn Sr. for a number of ethics violations. The court found that he knowingly and repeatedly deprived clients of funds to which they were entitled, commingled a client's settlement proceeds with his own personal funds, and failed to be forthcoming with clients as to when funds owed to them would be paid. The court determined that these actions violated Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.15(a)(b)(c), 1.16(d) and 8.4(a)(b)(c)(d). In addition to imposing the disbarment, the court ordered Rayburn to pay $46,829.24 in restitution to a former client and pay the costs of the disciplinary proceeding.

Disability Inactive

On Nov. 24, 2009, the Tennessee Supreme Court temporarily suspended Martin lawyer Kyle Eric Crowe for misappropriating client funds for his own use. The next day, the court stayed the suspension and transferred Crowe to disability inactive status. Crowe cannot practice law while on disability inactive status, and can return to active practice only after reinstatement by the court. If and when Crowe is reinstated, the suspension again will take effect.

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:
Henry Clay Barry, Lebanon
Gary Kendrick Bond, Chattanooga
Richard Lee Burnette, Johnson City
Michael Scott Collins, Nashville
Denvil F. Crowe Jr., Tupelo, Miss.
Earl Frank Johnson, Germantown
Michael Edward Latimore, Cordova
Stephen James Lusk, Knoxville
Mable Lou Oliver Osemwegie, Nashville
Brian Jerry Quarles, Henderson, Nev.

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:
Azura Dea Mason, New York, N.Y.
Kacee Parks McCalla, Covington
Vanessa Lemons, Knoxville   
Robert J. Wittmer, Asburn, Va.

Memphis attorney Michael Latimore was reinstated to the practice of law on Nov. 3, 2009. He had been temporarily suspended on Sept. 1 for failing to respond to a complaint of misconduct.

Censured

On Oct. 29, 2009, Memphis lawyer Scott Thomas Beall received a public censure from the Tennessee Supreme Court for violating Rule 8.4 of the Rules of Professional Conduct. The court found that Beall improperly instructed a client to shred duplicate photocopies of account statements the client had illegally taken from a former employer despite specific instructions from Beall not to take the documents. Initially, the client did not advise Beall that he had taken the documents, and in fact, signed two affidavits stating he had not taken them. When Beall learned of the copies, he advised the client to destroy them so the client would be in compliance with federal and state financial privacy laws. Beall and local counsel disclosed the client's perjury and shredding of documents to opposing counsel and the court. The Supreme Court determined that although Beall's instructions were not intended to mislead or prevent disclosure of his client's wrongdoing, they were not proper. Beall submitted a conditional guilty plea and agreed to the censure.

Blount County lawyer Charles Deas received a public censure from the Board of Professional Responsibility on Nov. 2, 2009,   for failing to act diligently on behalf of a client. On Aug. 24, 2007, Deas was retained to represent a client who was unavailable to appear in juvenile court as scheduled on Aug. 27. Deas immediately placed a handwritten note in the court file and contacted opposing counsel to request a continuance. Opposing counsel did not agree to the request. On the morning of Aug. 27, Deas was detained in another court and advised the juvenile court staff of his delay. In his absence, the court made a ruling adverse to his client. Deas immediately filed a motion to set aside the ruling. He attempted to obtain hearing dates from opposing counsel on more than one occasion but was unsuccessful. The matter eventually was heard almost two years later on Feb. 2, 2009. The board determined that Deas failed to act diligently in setting a hearing date for the matter and that his actions violated Rule 1.3 of the Rules of Professional Conduct.

Suspended

On Oct. 26, 2009, the Supreme Court of Tennessee temporarily suspended Hendersonville attorney Garry Christopher Forsythe from the practice of law after finding that he misappropriated funds and posed a threat of substantial harm to the public. The suspension remains in effect until dissolved or modified by the court.

On Nov. 20, 2009, the Tennessee Supreme Court suspended Columbia lawyer Matthew Q. Bastian for one year with all time to be served on probation if he meets the following conditions: engaging a practice monitor for one year, obtaining professional liability insurance, paying $20,000 in restitution, attending 15 hours of law office management CLE and paying the costs of the disciplinary proceeding. Bastian was disciplined for

(1) failing to communicate satisfactorily with clients,
(2) failing to file a lawsuit as requested,
(3) failing to fully pay funds agreed to in a settlement,
(4) failing to advise clients of a potential conflict of interest and
(5) failing to advise clients to seek independent legal counsel.

The court determined that Bastian's actions violated Disciplinary Rules 1-102(A)(1), (5) and (6); 6-101(A)(1), (2) and (3); 7-101(A)(1), (2) and (3); and 9-102(B)(2) and (4), as well as Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.16 and 8.4.

Reinstated

Censured

Suspended

Rule 9 Suspensions

Rule 21 Suspensions

Out-of-state

Reinstated

Suspended

Disbarred

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: John D. Hanover, Los Angeles, Calif. and Helen Eckert Phillips, Lebanon, Va.

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees: Michael Bernard Brown, Lexington, Ky.. Martha Marie Eastman, Louisville, Ky., Jack Louis Mayfield, Omaha, Neb. and Michael E. Tucci, Washington, D.C.

Knoxville attorney Charles P. Carter was reinstated to the practice of law on July 29. He had been temporarily suspended on March 25 for failing to respond to a complaint of misconduct.

On July 31, Morgan County lawyer Randy Miller was reinstated to the practice of law after the Board of Professional Responsibility found that he adequately responded to a complaint of misconduct. Miller had been temporarily suspended on Feb. 24 for failing to respond to the board.

Censured

The Board of Professional Responsibility censured Nashville lawyer Malcolm McCune on Aug. 5 for violating the rules of conduct. McCune was retained in 2004 to represent a client in a medical malpractice case. One month later, he transferred the case to an associate in his law firm without the client's permission. He then failed to communicate with the client or monitor the case, despite remaining the counsel of record. Some time later the associate left the firm and took the client's case with him despite McCune's failure to obtain the client's consent. As a result of the associate's negligent handling of the case, it was dismissed in 2007. In reviewing the facts of the case, the board determined that McCune failed to act with reasonable diligence, failed to adequately communicate with the client, and failed to supervise his associate. In so doing, he violated Rules of Professional Conduct 1.3, 1.4 and 5.1.

Knoxville lawyer Thomas F. DiLustro was publicly censured by the Board of Professional Responsibility on Aug. 12 for failing to comply with a TLAP monitoring agreement he had signed in 2007 as part of a 30-day suspension order. That order required him to remain compliant with the agreement for two years. In 2008, TLAP discharged DiLustro from the monitoring agreement due to noncompliance, a violation of Rule 8.4 of the Tennessee Rules of Professional Conduct.  

Suspended

Memphis lawyer Matthew Ian John was suspended from the practice of law on July 23 for 30 days after the state Supreme Court found that he signed another lawyer's name as a witness to a power of attorney and failed to properly advise a client as to a conflict of interest. John signed a conditional guilty plea and agreed to the suspension. The court found that his actions violated Tennessee Rules of Professional Conduct 1.7 and 8.4. In addition to imposing the suspension, the court ordered John to pay the costs of the disciplinary proceedings.

On July 30, Bruce H. Guthrie of Chattanooga was suspended for 26 months for neglecting the files of four separate clients and failing to communicate with his clients. However, the court allowed his suspension to run retroactively from May 18, 2007 " the date the initial temporary suspension was imposed. Guthrie signed a conditional guilty plea and agreed to the suspension. He was ordered to pay the costs of the disciplinary proceedings.

Former Shelbyville attorney Cara Gruszecki-Smalley was suspended by the Tennessee Supreme Court on July 30, pursuant to a conditional guilty plea, for neglecting a client's case and making misrepresentations to a client and the court. The court imposed a one-year suspension retroactive to March 31, with six months to be served as actual suspension and six months to be suspended. The court determined that Gruszecki-Smalley's actions violated Rules of Professional Conduct 1.3, 1.4 and 3.3. Finally, it ordered her to pay the costs of the proceedings.

On July 31, the Tennessee Supreme Court temporarily suspended the law license of Knoxville lawyer Steven Lee Williams after he failed to respond to a complaint of ethical misconduct.

On Aug. 4, the Supreme Court of Tennessee temporarily suspended Davidson County lawyer Alea Danielle Ashby after finding she failed to respond to complaints of misconduct received by the Board of Professional Responsibility. Supreme Court Rule 9, Section 4.3 provides for the immediate suspension of an attorney who does not respond to disciplinary inquiries from the board.

Nashville lawyer Harry Todd Hammons was suspended Aug. 13 for one year retroactive to a temporary suspension imposed on July 25, 2008, or until he complies with a Tennessee Lawyer's Assistance Program monitoring agreement for six months. The court found that Hammons violated disciplinary rules by failing to comply with his monitoring agreement, and ordered him to pay the costs of the disciplinary proceeding.

Knoxville lawyer David A. Lufkin Sr. was suspended on Aug. 18 for two years, ordered to complete 30 additional hours of CLE, and work with a practice monitor for one year after reinstatement. The court allowed the suspension to run retroactively beginning on Oct. 17, 2006 " the date Lufkin was originally temporarily suspended. In reviewing the complaints against Lufkin, the court determined that he disregarded an order in a collections case, failed to accurately advise clients that payments had been collected, and failed to forward collected funds to them. These actions, the court said, violated Disciplinary Rules 1-102 and 7-106. The court also ordered Lufkin to pay the costs of the disciplinary proceedings.

Court of the Judiciary

General Sessions Court Judge Charles Rich of Shelbyville received a public reprimand from the Court of Judiciary on Aug. 24 for delaying a decision in a child custody matter. In 2004, Rich agreed to hear the case of a Lincoln County mother seeking to regain custody of her child. A hearing was held in July 2008 with Rich saying he would take the matter under advisement. Throughout the fall and winter of 2008, the mother twice wrote to Rich seeking a status report on the case. In January 2009, the mother filed a complaint with the Court of the Judiciary. Rich was given immediate notice of the filing but still took no action until March 6 " some eight months after the original hearing date. The court determined that his behavior violated Judicial Cannons 2A and 3B(8). In issuing the reprimand, the court said the refusal to decide the case in a timely fashion caused the mother to expend additional legal fees and efforts, was detrimental to the administration of justice, and brought the judiciary into public disrepute. The reprimand closes with an admonition for Rich to follow the Code of Judicial Conduct and promptly decide cases that come before him.

SUMMARY SUSPENSION FOR FAILURE TO PAY ANNUAL FEE

The following lawyers were suspended on Aug. 14 for failure to pay the 2009 annual fee and/or fees for prior years as required by Rule 9, Section 20. This is the fifth suspension order filed this year. Attorneys who paid the fee by press time have been noted as reinstated.

TENNESSEE
Ashland City: Joseph Hollister Spencer. Collierville: John Christopher Davis. Cordova: Varonica R. Cooper, Alisa Lashelle Simmons. Germantown: John Livingood Ryan, Michael Lindsay Bates. Hendersonville: Garry Christopher Forsythe. Knoxville: Richard B. McConnell, Timothy F. Zitzman. Maryville: Richard J. Rice. Memphis: Michelle Lorraine Betserai, Heather Anne Kirksey. Murfreesboro: Tony Lawrence Maples. Nashville: Ungyong Kim. Oneida: Rebecca Sue Byrd. Powell: Kristin Alyse Godsey. Tazewell: Misty Carol Kennedy (reinstated). Whitehouse: Gerard Thomas Nebel.

OUT OF STATE
Alabama: Julie Jackson, Beverly Bhaswattia Scruggs. Arizona: Katrina Ann Jewett. District of Columbia: Courtney Donlin Trombly. Florida: Heather Marie Gwinn. Georgia: Don Michael Roman. Kentucky: Bruce Dwaine Atherton. Louisiana: Helen Mary Donnelly, Janice Elizabeth McAlpine. Maryland: Teresa Annette Scott, Angela Jenise Williams. Mississippi: Brian Kelly Herrington. New York: Jamal Johnson. Virginia: Anne LeSueur Cornelius, Kenitra Irma Lacy Fewell.

OUT OF COUNTRY
Korea: Young Dug Lew

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:
James Louis Coggin, Memphis; and Joseph Dewey Hughes, Paragould, Ark.

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees. They were suspended for failure to pay the 2009 fee:
Joseph Edward Beecham, Nashville
Roger Dean Brooks, Independence, Va.
James Richard Carr, Oxford, Miss.
Clifford Todd Chapman, Sarasota, Fla.
Michael Perry Davis, Old Hickory
Theodore Augustus Erck, Atlanta, Ga.
Anne Bowles Ferrell, Knoxville
Mark Keith Goins, Jacksboro
Jonathan Evan Gower, Nashville (previously listed as Brentwood)
William Clary Lunsford, Memphis
Oscar Lee Malone III, Cordova (previously listed as Memphis)
Adam John Ouellette, Davie, Fla.
Jonathan Jackson Pledger, Franklin
Jerry Wells Vaughan Jr., Memphis
Gerald Webb Jr., Chattanooga (previously listed as Cleveland)
Michael Gregory Williams, Chattanooga
Mary Elizabeth Yarbrough, Memphis

Censured

Madison County lawyer Jack Colin Morris was publicly censured July 20 by the Board of Professional Responsibility. The board found that he did not act with reasonable diligence and did not adequately communicate with a client in a divorce case. While he did draft a complaint and marital dissolution agreement and represented his client in a mediation session, the board found that from 2002 to 2006, Morris devoted "only a total of nine hours" to the case. The client retained new counsel in 2006 and the case was finally resolved. The board determined that Morris's actions violated Rules of Professional Conduct 1.3 and 1.4.

On July 20, Shelby County lawyers Matthew V. Porter and Amanda P. Strange received censures from the Board of Professional Responsibility for violating Rule of Professional Conduct 8.4(c). The board found that Porter and Strange, while acting as independent contractors for a law firm, obtained unauthorized access to the firm's case management system, including client lists, files and management reports. Both also used another coworker's password to obtain passwords of management team members and monitor interoffice messages among them. In addition, Strange was found to have installed a file shredder system on her company-provided computer, rendering the machine unusable by the firm and destroying evidence that would have shown whether files had been exported to an outside computer. The board, however, found no evidence that case information was actually exported to an outside source and both Porter and Strange assured the board that no files or information were exported. The board determined their actions violated Rule 8.4 of the Rules of Professional Conduct.

Williamson County lawyer Fred A. Steltemeier received a public censure from the Board of Professional Responsibility on July 24 for failing to place a client's funds in a trust account. Steltemeier represented the client in a child support matter. When the client sold a piece of construction equipment, he directed the buyer to present two checks, one payable to the client himself and one payable to Steltemeier. The client instructed Steltemeier to safeguard the money for use as future child support payments. Steltemeier cashed the check but failed to place the funds in a trust account for the benefit of the client. On July 11, 2007, the client requested the money and Steltemeier issued a personal check. The board determined that these actions violated Rule of Professional Conduct 1.15(a).

Suspended

Chattanooga attorney H. Owen Maddux was suspended for five months by the Tennessee Supreme Court on July 2. The court found that Maddux violated several rules of professional conduct in his representation of a client suffering injuries following a car accident in Florida. Specifically, Maddux was not licensed to practice law in Florida, was not competent in Florida law and did not retain a Florida attorney to assist him. He also missed the statute of limitations for filing suit, failed to inform the client that he missed the deadline, failed to interview key witnesses, misled the client, failed to adequately communicate with the client and neglected the matter for several years. In addition, the court found that Maddux commingled personal funds in his trust account, which was established to make a settlement payment to the client. Finally, the court discovered that after a complaint had been filed against him, Maddux sought to enter into a settlement agreement with the client without informing the parties of the conflict of interest and without informing the client that she could seek independent counsel. After a hearing panel of the board recommended the five-month sentence, Maddux appealed to the Chancery Court of Hamilton County. The court affirmed the discipline and Maddux appealed to the Supreme Court. The Supreme Court affirmed the chancery court ruling and imposed the discipline. Maddux's actions were found to have violated Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.8(a), 1.15, 8.1(b) and 8.4(a)(c) and (d).

On July 8, Debra Fannin Graham of Oak Ridge was suspended for six months, placed on probation for one year (to run concurrent with the suspension), ordered to pay restitution to four clients totaling $5,017.15, and ordered to complete nine hours of ethics continuing legal education. The action was taken after the Supreme Court found that she failed to act with reasonable diligence in representing clients, failed to communicate with clients, made misrepresentations to a client and about clients' cases, and retained excessive fees. After a hearing panel of the Board of Professional Conduct recommended the above discipline, Graham appealed to the Chancery Court of Anderson County. The court dismissed the appeal. She then appealed to the Tennessee Supreme Court. The Supreme Court dismissed the appeal and imposed the recommended discipline.

On July 8, Nashville lawyer Fernando Jose Ramos was suspended for three years for violating rules of professional conduct dealing with competence in the representation of clients' bankruptcy and criminal cases. Ramos submitted a conditional guilty plea and agreed to the suspension.

On July 9, Chattanooga lawyer Jes Beard was suspended by the Tennessee Supreme Court for two years. The court found that Beard violated disciplinary rules by failing to properly draw a final decree, by giving advice to his client to settle a case without first reading the memorandum opinion issued by the court, and by filing false pleadings and a false affidavit. The court imposed a two-year suspension for each of the three violations, but allowed the suspensions to run concurrently. It also ordered Beard to pay the costs of his disciplinary proceeding. The court determined that his actions violated Rules 1-102(A)(1), (4), (5) and (6) and 7-102(A)(1), (3), (5) and (8) of the former Code of Professional Responsibility as well as Rules 1.1, 1.2(a), 1.3, 1.4, 3.1, 3.2, 3.3(a)(1)(b)(c)(d), 3.4(b), 4.1(a) and 8.4(a), (c) and (d) of the Rules of Professional Conduct.

Disbarred

On June 13, the Tennessee Supreme Court disbarred Louisiana attorney Scott E. Meece based on similar action taken by the Supreme Court of Louisiana. The Tennessee Board of Professional Responsibility filed a petition for reciprocal discipline against Meece and the Tennessee Supreme Court gave him 30 days to present a case why identical discipline should not be imposed. Meece did not respond to the Supreme Court's notice.

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: Charles Philip Carter, Knoxville, and Jennifer Rene Rich Mueller, Nashville.

On June 15, the Supreme Court lifted a suspension for noncompliance with continuing legal education requirements that had been in effect since 2000 against Knoxville lawyer Charles Philip Carter. However, Carter remains suspended for failure to respond to a complaint of ethical misconduct. That suspension was imposed on March 30.

Censured

On June 8, La Follette attorney J. Stephen Hurst received a public censure from the Board of Professional Responsibility for behavior exhibited to a Department of Children's Services employee in court. Hurst was representing parents whose children had been removed by DCS and as he walked by a DCS employee seated on the front row of the courtroom, he stepped on the employee's toe, pointed his finger in his face and said something to the effect of, "I've got your number." When the DCS employee stood up, Hurst assaulted the man by bumping and pushing him with his stomach and spitting in his face. Bailiffs escorted Hurst out of the courtroom, and, as he was leaving, Hurst called the employee a foul name. The board determined that his actions violated Rules of Professional Conduct 4.4(a) and 8.4(d).

On June 22, Springfield lawyer Fletcher W. Long received a public censure from the Tennessee Supreme Court for neglecting client matters and failing to communicate with clients in a satisfactory manner. Long submitted a conditional guilty plea and accepted the censure. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.4, 1.5, 3.2 and 8.4(a) and (d), and Disciplinary Rules 1-102(A)(5) and 7-101(A)(1). In addition to imposing the censure, the court ordered Long to pay the costs of the disciplinary proceeding.

Suspended

On June 22, Nashville attorney Helen L. Cornell was suspended for six months by order of the Tennessee Supreme Court, effective July 2. The court determined that Cornell misrepresented herself to a party whom she later added as a defendant in a lawsuit and sought information without revealing the purpose of her communication. Cornell submitted a conditional guilty plea and agreed to the suspension. The court determined that her actions Rules of Professional Conduct 4.1 and 8.4.

Summary Suspension for Failure to Pay Annual Fee

The license to practice law in this state of each of the following attorneys is summarily suspended for failure to pay the 2009 annual fee and/or fees for prior years as required by Rule 9, Section 20. Attorneys who paid the fee by press time have been noted as reinstated.

TENNESSEE
Alamo: Michael Brandon Barber. Brentwood: William Frederick Buechler Jr. (reinstated), Jonathan Evan Gower, Brian Jonathan Kirkell. Chattanooga: John Cris Helton (reinstated), Michael Gregory Williams. Clarksville: John Broadbent Cundiff. Cleveland: Gerald Webb Jr. Hendersonville: William Pardue Jones. Franklin: Jonathan Jackson Pledger, Timothy James Wall. Jacksboro: Mark Keith Goins. Jackson: Lisa June Cox (reinstated). Johnson City: Vance W. Cheek Jr. (reinstated). Knoxville: Anne Bowles Ferrell, M. Josiah Hoover III (reinstated), Thomas Alan Snapp (reinstated), Mona Jean Wilson. Maryville: Michael Howard Meares (reinstated). Memphis: Frank Guthrie Castle Jr., John Andre Chiapella (reinstated), Roger Edmonds Fakes Jr., Diane Schratz Holitik, James H. Kee, Kent Meyer Lashley, William Adelbert Ling III, William Clary Lunsford, Eugene Daniel Lyne, Oscar Lee Malone III, Arthur Barlow Mann, Chandell Wyntrece Ryan (reinstated), Daniel Chain Shumake (reinstated), James Robert Smoot, Jerry Wells Vaughan Jr., Mary Elizabeth Yarbrough. Murfreesboro: Carl Richard Moore (reinstated). Nashville: Timothy J. Babb, Joseph Edward Beecham, Wendell Cornelius Dawson (reinstated), William Brooks Drescher, Monica Alfi Ghattas, Amy Lynn Gibson, William Caldwell Hancock, Lawrence Warner Lepley Jr., Byron Ray Simpson. Old Hickory: Michael Perry Davis. Sparta: Geneth Kay Wolfer. Waynesboro: John Wilburn Castleman Jr. White Pine: Hugh Parmenas Taylor (reinstated).

Out of State
Alabama: Michelle DeLaine Mauldin, Jennifer Jean Rosenbaum (reinstated). California: Dennis Charles Carter, Ben Franklin Pierce Gore. District of Columbia: Michael E. Tucci. Florida: Clifford Todd Chapman, James Richard Cooney (reinstated), Joseph A. Giampapa, Adam John Ouellette, Richard Scott Pietrowski, Richard Lee Windsor. Georgia: Theodore Augustus Erck, Frank Philips Harris, John Watkins Lovett. Kentucky: Christine Lea Durrett, Martha Marie Eastman, John Hundley, Crystal Dawn Love, Thomas Stuart McCloy. Mississippi: James Richard Carr, Jessica Dawn Carr, John Marshall Lusk Jr., Clay Spencer Nails. Nebraska: Jack Louis Mayfield. Nevada: Le'Dell Sanders Joiner. New Mexico: Delores Charlotte Korb. New York: John Trent Dixon, Robert Oliver Link Jr. North Carolina: Ruby Kaur Dhaliwal, Joseph Randall Martin, Keltie Hays Peay. Pennsylvania: Sharon Bauer Berman, Mark Thomas Wade. Virginia: Roger Dean Brooks, Robert Jay Wittmer West Virginia: Kenneth Wilbert Kromer Jr.
  

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:
William Noble Hulsey III, Austin, Texas
Tacey Clark Locke, Corinth, Miss.
James Douglas Mory, Louisville, Ky.
Amy Elizabeth Spencer, Reston, Va.

By order of the Supreme Court entered on May 11, Nashville lawyer William W. Leech was reinstated to the practice of law, conditioned on continued compliance through December 2012 with his Tennessee Lawyers Assistance Program (TLAP) agreement and use of a practice monitor. On May 13, 2008, Leech was suspended from the practice of law for one year with all time except for three months to be served on probation. On Nov. 3, 2008, Leech petitioned for reinstatement. A hearing was held March 16, and based on the findings of the hearing panel, the Supreme Court ordered Leech's reinstatement.

Censured

A censure declares conduct improper but does not limit the right to practice law.

Anderson County lawyer Patricia Hess was publicly censured on April 24 for representing a client who had appeared before her while she was a juvenile court judge. Hess presided in a child custody matter but was defeated as juvenile court judge while the case was pending. She then began representing one of the parties in the matter without receiving the consent of all parties as required by the Rules of Professional Conduct. The court ordered her to report her actions to the Board of Professional Responsibility and obtain an informal opinion about any possible conflict of interest. Hess failed to abide by the court's written order and was removed from the case. In reviewing the matter, the board determined that Hess violated Rules 1.12(a) and 8.4(g) of the Rules of Professional Conduct.

The Board of Professional Responsibility issued a public censure to Chattanooga lawyer Charles Patrick Dupree on April 28 for his failure to exercise reasonable diligence. The board found that Dupree failed to inform the court and opposing counsel of a scheduling conflict prior to a scheduled court date, and failed to appear for the hearing, which was critical to his clients' interests. The board found that his actions violated Rule 1.3 of the Rules of Professional Conduct.

On May 5, Hamilton County lawyer Keith Black received a public censure from the Board of Professional Responsibility. Black represented a client in a criminal case that resulted in a conviction for attempted voluntary manslaughter. The client also was the defendant in a civil case arising from the same incident. The client thought that Black was representing him in the civil case as well as the criminal case, and Black did in fact, draft, sign and file an answer to the civil complaint. However, Black had no additional involvement in the case. The sentencing in the criminal case was conducted on the same day as the initial hearing in the civil case. When the sentencing hearing was over, the client expected Black to go with him to the hearing, but Black refused. The judge in the civil case and the client tried to contact Black for two hours but were unable to reach him as he was in court with another client. In the absence of counsel, the trial judge entered a default judgment for $2 million dollars against the client. Ultimately, the client retained another attorney, who had the default judgment set aside, and the case reset for trial.

On May 14, Davidson County lawyer Nathaniel Koenig was publicly censured by the Board of Professional Responsibility for failing to respond to a client and failing to re-file a Qualified Domestic Relations Order (QDRO) after the first order was rejected by the plan administrator. In September 2005, Koenig was retained to draft and enter two QDROs that were ordered pursuant to a final divorce decree. The client contacted Koenig on numerous occasions but received no response. Koenig finally drafted and entered the first QDRO, which was approved, on Aug. 3, 2006. He then drafted and entered the second QDRO on Feb. 27, 2007. That filing was rejected by the plan administrator. On April 26, 2007, Koenig told the client that he would continue submitting QDROs until one was approved; however, he failed to respond to all inquiries from the client as to the status of the matter. The client later learned from the plan administrator that no subsequent plan was filed. The board reported that Koenig also failed to respond to its inquiries for information, and found that his actions violated Rules of Professional Conduct 1.3, 1.4(a) and 3.2.

Clinton lawyer Victoria H. Bowling received a public censure from the Tennessee Supreme Court on May 18 after having been found in criminal contempt of court for derogatory remarks and disruptive conduct in the Juvenile Court of Anderson County. Bowling submitted a conditional guilty plea. The board found that her actions violated Rules of Professional Conduct 3.5 and 8.4 and ordered her to pay the costs of the disciplinary proceeding.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

On May 14, Memphis lawyer James T. Allison was suspended from the practice of law for 60 days for overdrawing his attorney trust account, commingling personal and operating funds within the account, failing to keep adequate account records, and failing to timely respond to inquiries from the Board of Professional Responsibility. The Supreme Court found that his actions violated Rules of Professional Conduct 1.15 and 8.1 and ordered him to pay the costs of the disciplinary proceedings.

On May 18, the Tennessee Supreme Court temporarily suspended the law license of Dyersburg attorney Thomas H. Strawn Jr. The Board of Professional Responsibility had petitioned the court to suspend Strawn, arguing that he posed a threat of substantial harm to the public by failing to competently and adequately represent clients in seven bankruptcy cases.

The Tennessee Supreme Court suspended Memphis lawyer David J. Johnson on May 22 for six months but with all time to be served on probation subject to several conditions. The court found that Johnson failed to exercise diligence in connection with an investment scheme perpetrated by a former client. While Johnson did not represent the client during the operation of the scheme, he did serve as a signatory to accounts the client used to pay investors. The court found that his actions violated Disciplinary Rule 1-102(A)(6) and adversely reflected on his fitness to practice law. Johnson entered a conditional guilty plea. To qualify for probation, he must perform 100 hours of pro bono service, attend an extra three hours of continuing legal education in ethics and professionalism, and pay the costs of the disciplinary proceeding.

On May 22, the Supreme Court suspended the law license of Sevierville lawyer Ronald R. Reagan for five years after he pleaded guilty to possession of a computer hard drive containing three or more visual depictions of child pornography.

Disability Inactive

Disability inactive status precludes an attorney from practicing law in the state immediately. The designation remains in effect until further order of the court, however the attorney is entitled to petition the court for reinstatement to active status once a year (or at shorter intervals if the court allows). To return to active status, the attorney must show by clear and convincing evidence that the disability has been removed and that he or she is fit to resume the practice of law.

On May 6, the law license of Memphis attorney John M. Moore was transferred to Disability Inactive Status for an indefinite period of time and until further order of the court. Moore may not practice law while on disability inactive status and can only return to the practice of law after reinstatement by the Tennessee Supreme Court.

Court of the Judiciary

On May 1, Dickson County General Sessions Judge Durwood G. Moore of Charlotte was issued two public censures for behavior in his courtroom. In the first case, the Court of the Judiciary found that Moore behaved inappropriately in his dealings with an attorney representing a client in his courtroom. The inappropriate behavior included failing to recognize the attorney for an announcement about an agreement reached with opposing counsel and, in a subsequent telephone conversation, threatening the lawyer with criminal contempt, using profanity and hanging up on the lawyer. The court determined that these actions violated Canons 2A and 3B(4) of the Canons of Judicial Conduct.

In the second case, Judge Moore ordered the seizure and mandatory drug testing of a citizen observer in his courtroom who was neither a litigant, defendant, nor person with business before the court. The Court of the Judiciary found his actions to be illegal, as no statutory or constitutional basis existed for the seizure or the test. The court determined that Moore violated Canons 2A, 3B(2) and 3B(4) of the Canons of Judicial Conduct, as well as the citizen's right to due process, privacy and freedom under both the U.S. and Tennessee constitutions.
In both cases, the court concluded that the judge's conduct detrimentally affected the integrity of the Tennessee Judiciary and undermined public confidence in the administration of justice.

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:
Tamara Lynn Trimble, Winter Park, Fla.; and Kellye Lambert Walker, Norwalk, Conn.

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.

On March 24, Memphis attorney Kathleen L. Caldwell was suspended from the practice of law by the Tennessee Supreme Court for 24 months, with six months to be served on active suspension and 18 months to be served on probation. Caldwell was suspended for failing to supervise a support person in her law office and being unaware of lawsuits, clients and funds generating from her office. While on probation, Caldwell is to report monthly to the Board of Professional Responsibility and a practice monitor approved by the board. The board filed a petition for discipline against Caldwell on March 21, 2005. She submitted a conditional guilty plea, which was accepted and approved by the board and the Tennessee Supreme Court. The court determined that Caldwell's actions violated Rules of Professional Conduct 1.1-1.4, 1.15, 3.4, 5.3 and 8.4.

On March 25, the Tennessee Supreme Court temporarily suspended the law license of Knoxville attorney Charles Carter pursuant to Section 4.3 of Tennessee Supreme Court Rule 9.   The Board of Professional Responsibility had petitioned the court for the temporary suspension because of Carter's failure to respond to a complaint of ethical misconduct.

Memphis lawyer Don A. Handley was suspended by the Tennessee Supreme Court on April 6 for six months; however the court allowed Handley to serve the time on probation so long as he obtains three additional hours of continuing legal education and engages the services of a practice monitor. Handley was disciplined for practicing law while on administrative suspension, failing to properly file a personal injury lawsuit, and failing to candidly advise a client regarding his failure to properly file that lawsuit. The court determined that his actions violated Tennessee Rules of Professional Conduct 1.1, 1.3, 1.4, 5.5(a) and 8.4. The court also ordered him to pay the expenses and costs of the disciplinary proceeding.

On April 7, the Tennessee Supreme Court suspended Jackson lawyer Ramsdale O'DeNeal for one year after finding he was negligent in handling a criminal case. The Board of Professional Responsibility filed a petition for discipline against O'DeNeal and after a hearing on the matter determined that he failed to (1) notify the court he was being substituted as defense counsel, (2) follow-up on motions filed by the previous counsel, (3) appear for two pre-trial status conferences and (4) produce the client's file when ordered to do so by the court. His failure to appear at the pre-trial status conferences required the court to continue the trial. The Supreme Court found that his actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15, 1.16, 3.4 and 8.4. The court also ordered him to pay the expenses and costs of the disciplinary proceeding.

On April 17, the Tennessee Supreme Court temporarily suspended the law license of Knoxville lawyer Kenneth Corum pursuant to Section 4.3 of Tennessee Supreme Court Rule 9. The Board of Professional Responsibility had petitioned the court for the temporary suspension because of Corum's failure to respond to a complaint of ethical misconduct.

Also on April 17, Nashville attorney Reginald Lamont Horton was temporarily suspended from the practice of law for posing a threat of substantial harm to the public. The state Supreme Court imposed the suspension after learning that Horton had offered to provide legal services in exchange for stolen property.

Carthage lawyer Jacquelyn M. Scott was suspended by the Tennessee Supreme Court on April 22 for one year and four months. However, the court made the suspension retroactive to Nov. 8, 2007, the date she was temporarily suspended. At that time, Scott was suspended indefinitely for failing to comply with a Tennessee Lawyer's Assistance Program monitoring agreement. The court made reinstatement conditioned on substantial compliance with the agreement for six months. In April 2009 the court determined that Scott had substantially complied with the agreement for six months. It also ordered her to pay the costs of the disciplinary proceeding.

Court of the Judiciary

On April 9, the Tennessee Court of the Judiciary issued a public reprimand to Carter County General Sessions Judge John W. Walton for making "demeaning and disrespectful" statements in open court and in public areas of the clerk's office about employees of that office. The reprimand " signed by Don. R. Ash, presiding judge of the court " states that Walton called staff members "liars" and "dumb" and questioned their competency in public settings. The court found that these actions violated Canons 2 and 3B(4) of the Code of Judicial Conduct, which require judges to act in a manner that promotes public confidence in the judiciary and to be patient, dignified and courteous to individuals encountered in an official capacity. The court's action was based on a complaint filed by one of the offended staff members.                                                 

On April 17, the Tennessee Court of the Judiciary issued a public reprimand to Shelby County Criminal Court Judge Carolyn Wade Blackett for failing to decide a capital case in a timely manner. The court found that a post-conviction petition in the case was filed April 13, 1998, but that Blackett did not decide the case until May 23, 2006 " a lapse of seven years, five months and 21 days. In a letter to Blackett, presiding Court of the Judiciary Judge Don. R. Ash noted that Tenn. Code Ann. Section 40-30-111(d) requires post-conviction petitions to be resolved by trial courts within one year of filing and that the same statute requires a ruling within 60 days of the conclusion of the proof. The court found that her actions violated Canons 2A, 3A, 3B(2) and 3B(8) of the Code of Judicial Conduct, and Tenn. Code Ann. sections 40-30-109(a), 40-30-111(d) and 40-30-121. The letter concluded with the statement that Blackett's conduct in the matter detrimentally affected the integrity of the Tennessee Judiciary and undermined public confidence in the administration of justice.

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:
Matthew Edward Davis, Gilbert, S.C.
Nicole Pyne, Salt Lake City, Utah
Darren E. Ridenour, Knoxville

Censured

A censure declares conduct improper but does not limit the right to practice law.

On Feb. 25, Kentucky lawyer David Randall Steele was censured by the Board of Professional Responsibility for violating several Rules of Professional Conduct while representing two individuals in a personal injury auto accident that occurred in Tennessee. First, the board found that Steele violated Rule 1.8(h), which prohibits a lawyer from entering into a contract with a client to prospectively limit malpractice liability. The contract signed by the clients stated, "Client understands and agrees that Client may be dissatisfied with said outcome or result and that client may be in a worse or poorer legal position at the termination of this representation as a result of the attorney's efforts." Second, the board found that Steele violated Rule 7.6(b), which prohibits a lawyer from accepting referrals from organizations not registered with the Tennessee Board of Professional Responsibility. Steele accepted the case on referral from an accident resolution company that was not registered with the board. Third, the board found that Steele violated Rule 1.7(a) when he paid one total lump sum settlement to the clients although they had separate claims, medical expenses and settlements. Fourth, the board found that Steele violated Rule 1.15(b) when he could not produce proof that he provided the resolution company with funds for subrogation claims. Finally, the board found that Steele did not prepare a settlement disbursement, in violation of Rule 1.5(c).

Suspended

Suspension is effective 10 days after issuance, except where immediate suspension is necessary to protect the public. A suspended lawyer may not accept new clients but may continue representing current clients for 30 days. The lawyer must notify all clients, co-counsel and opposing counsel of the suspension order; return to clients any papers or property to which they are entitled; not use the indicia of lawyer, legal assistant or law clerk; and not maintain a presence where the practice of law is conducted. An attorney suspended for one year or more must prove by clear and convincing evidence that he has the moral qualifications, competency and learning required for admission to the practice of law, and that resumption of his practice would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest. An attorney suspended for less than one year with conditions may resume practice after complying with those conditions. An attorney suspended for less than one year with no conditions may resume practice without reinstatement.
  
Knoxville attorney Randy Miller was summarily and temporarily suspended from the practice of law on Feb. 24. The Supreme Court found that he failed to respond to the Board of Professional Responsibility about a misconduct complaint, which is a violation of Supreme Court Rule 9, Section 4.3. According to the court, the suspension will remain in effect until dissolved or modified.

On Feb. 24, Michael Sneed of Madison was suspended for 18 months for neglecting client files, failing to communicate with clients and failing to keep adequate trust account records. The Board of Professional Responsibility filed a petition for discipline against Sneed and a hearing panel considered his case. The panel found that Sneed violated Disciplinary Rules 1-102(A)(B), 2-110(A)(1)(2), 6-101(A)(1)(2)(3), 7-101(A)(1)(2)(3)(4), 7-102(A)(3), and 9-102(A)(B). It recommended, and the Supreme Court imposed, an 18-month suspension. Sneed filed a motion with the court to vacate the order, but on March 23, the court affirmed its prior order in all respects. In addition to the temporary suspension, the court also ordered Sneed to pay the costs of the disciplinary proceeding.

On March 9, William Lawrence Embry of Summerland Key, Fla., was suspended from the practice of law in Tennessee for 36 days for failing to pay child support obligations. He also was publicly censured for engaging in the unauthorized practice of law. Based on three complaints, the Board of Professional Responsibility convened a hearing panel, which found that Embry failed to pay child support obligations, failed to correct the court record in a case in which he was the defendant, and engaged in the unauthorized practice of law in Colorado by failing to indicate on his letterhead that he was not licensed in that state. Embry appealed the hearing panel's findings to the Davidson County Chancery Court, which set aside the court record complaint, modified the unauthorized practice of law finding to impose a censure, and gave Embry credit for 36 days already served while on temporary suspension in 2001.

The Tennessee Supreme Court temporarily suspended the law license of Crossville attorney Anthony Turner on March 16. The Board of Professional Responsibility petitioned the court to suspend Turner's license because of his failure to respond to a complaint of ethical misconduct.

On March 25, Elijah Blaine Sprouse was suspended from the practice of law for one year " effective April 4 " after pleading no contest to a misdemeanor charge of domestic assault in Davidson County Criminal Court and pleading guilty to two misdemeanor charges in Ventura County, Calif., for driving under the influence and child endangerment. The court found that Sprouse's action violated Rule 8.4 of the Rules of Professional Conduct and ordered him to pay the costs of the disciplinary proceeding. Sprouse entered a conditional guilty plea and accepted the suspension. He may not resume practice until reinstated by the court.

Disbarred

In Tennessee, disbarment becomes effective 10 days after an order of the court. Under the Rules of Professional Conduct, a disbarred lawyer must notify all clients, co-counsel and opposing counsel of the disbarment; must deliver to all clients any papers or property to which they are entitled; may not use the indicia of lawyer, counselor at law, legal assistant, law clerk or similar title; and may not maintain a presence or occupy an office where the practice of law is conducted. A lawyer who has been disbarred after hearing or by consent may not apply for reinstatement for at least five years. When applying, the lawyer must prove by clear and convincing evidence that reinstatement would not be detrimental to the integrity and standing of the bar or the administration of justice, nor be subversive to the public interest.

On March 2, Knoxville lawyer Nathanael Ellis Anderson was disbarred and ordered to pay restitution totaling $70,811.85 to former clients. The action came after the Board of Professional Responsibility received 46 complaints about Anderson from judges, attorneys and clients. Based on the recommendation of the hearing panel convened by the board, the court found that Anderson continued to practice law after being suspended in September 2007; made false statements to courts, opposing counsel and clients regarding his suspension; and accepted fees while suspended, in violation of the Rules of Professional Conduct.

Brentwood lawyer William G. Weaver III was disbarred by the Tennessee Supreme Court on March 9 for mishandling funds. Weaver consented to disbarment, according to the Board of Professional Responsibility, because he could not successfully defend himself on the charges.

Cookeville attorney and former 13th Judicial District Attorney William E. Gibson was disbarred by the state Supreme Court on March 20 for engaging in intentional conduct that cast doubt on his fitness to practice law, was prejudicial to the administration of justice, and caused serious injury to the integrity of the legal process. The court also found that as an elected official, Gibson knowingly abused his position with the intent to obtain a significant benefit for another. On specific charges, the court found that Gibson (1) improperly communicated with a suspect charged with first degree murder, (2) influenced the outcome of a prosecution, (3) misrepresented the strength of the state's case to a victim's family, (4) engaged in a conflict-of-interest regarding the prosecution and post-conviction petitions of two individuals, (5) intentionally deceived the court and the Board of Professional Responsibility about his relationship with two individuals and the handling of their cases, (6) improperly withheld material information, (6) failed to act with reasonable diligence in representing the state, (7) breached confidentiality and (8) engaged in ex parte communications with represented parties and other judges. The court had suspended Gibson's license on Sept. 25, 2006, pending an investigation into allegations of misconduct. Gibson did not appeal the disbarment decision. �