TBA Law Blog

Posted by: Suzanne Craig Robertson on Jul 27, 2012

Memphis lawyer John Robert Hershberger was publicly censured by the Board of Professional Responsibility of the Tennessee Supreme Court today. In 2011, Hershberger presented the court with a Petition for Scire Facias and Citation for Contempt. The judge presiding over the case refused to sign the FIAT because Hershberger was represented by counsel. Hershberger researched the issue, decided that the judge’s conclusion was incorrect, and then presented the FIAT to a different judge. He did not inform the new judge that the previous judge had refused to sign the FIAT. Therefore he violated Tennessee Supreme Court Rule 8, Rules of Professional Conduct 3.3(a)(1)(candor toward tribunal). Download the BPR release