TBA Law Blog

Posted by: Brittany Sims on Jun 4, 2014

The Tennessee Supreme Court rejected Clarksville-based attorney Fletcher Whaley Long’s constitutional challenge to the professional discipline of a public censure. Long challenged the constitutionality of Tennessee Supreme Court Rule 9, governing disciplinary enforcement of attorneys and contended in part that the Rule violated due process, because it combines investigative, enforcement, and adjudicative authority in the same agency, the Board of Professional Responsibility. Justice Sharon G. Lee explained in the opinion that the Board’s Office of Chief Disciplinary Counsel investigates allegations and institutes disciplinary proceedings if necessary. However, hearing panels composed of independent attorneys appointed by the Board then adjudicate the proceedings. The Administrative Office of the Courts has more.