Supreme Court Rejects Clarksville Lawyer's Claim That Disciplinary Process Violates Constitution

Wednesday, June 4, 2014

The Tennessee Supreme Court unanimously affirmed the professional discipline of a public censure upon Clarksville-based attorney Fletcher Whaley Long and rejected his constitutional challenges to the Court’s disciplinary enforcement rule. 

A hearing panel had determined that Mr. Long violated four provisions of the Tennessee Rules of Professional Conduct that arose over his failure to provide an accounting of his fees, deposit a retainer fee in his trust account, refund unearned fees and adhere to disciplinary rules. The Montgomery County Chancery Court affirmed the hearing panel’s decision and the public censure for Mr. Long. 

On appeal, Mr. Long challenged the constitutionality of Tennessee Supreme Court Rule 9, governing disciplinary enforcement of attorneys. Mr. Long 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. 

The Tennessee Supreme Court rejected Mr. Long’s constitutional challenges, including his due-process argument. 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. 

“Because the investigatory/enforcement responsibilities and the adjudicative responsibilities are functionally separate within the Board, Rule 9 does not violate due process principles,” wrote Justice Lee. 

To read the opinion in Long v. Board of Professional Responsibility, authored by Justice Lee, visit the Opinions section of TNCourts.gov.


New Hamilton County Businesses

Here are the new businesses from the County Clerk's office: A2Z CANVASS NITA  SLATTON 2 RETAIL SALES AND SERVICE OF CANOPY'S 2001 WHEELER AVE CHATTANOOGA TN 37406 BAREFOOT GYPSY BARBARA  RODRIGUEZ 3 CRAFTS, GIFT SALES ONLINE 3600 LEE PIKE SODDY DAISY TN 37377 BAXTER HOME INSPECTIONS CHARLES H BAXTER, III 3 HOME INSPECTIONS ... (click for more)

Templeton And Cothern Become Members At Patrick, Beard, Schulman & Jacoway, P.C.

Patrick, Beard, Schulman & Jacoway, P.C. announces that John H. Templeton and Jeremy M. Cothern have been elected to firm membership. The 15-attorney, full service law firm offers business formation, governance, and transactions, estate planning, probate, and civil and criminal litigation for businesses, utilities, government entities, and individuals.  Mr. Templeton ... (click for more)

Person Shot With Life-Threatening Injuries On The Southside Early Sunday Morning; Delivery Driver Carjacked On Southside

A person was shot on the Southside early Sunday morning. Police said the victim had life-threatening injuries. The shooting happened just before 3 a.m. at 1400 Cowart St. One resident said, "I was walking my dogs this morning in SouthSide and there has been a shooting (again) in the parking lot off of 13th Steet. "There have been two shootings in this lot in the last ... (click for more)

Bradley County Deputy Shoots And Kills Stabbing Suspect At Charleston

A Bradley County deputy shot and killed a man who was a suspect in a stabbing early Sunday morning. The Sheriff's Office said, "At approximately 11:54 p.m. on Saturday, a call was received at the Cleveland/Bradley County 911 Center to report a stabbing at a residence on Leyland Drive in Charleston. "The caller indicated a male had been stabbed and another male had fled from ... (click for more)

The Growing Monopoly

Over the last decade, five tech giants have risen to the top, and created, discovered and invented services and products that have made these companies worth billions today. Those five, of course, are Facebook, Apple, Amazon, Microsoft, and Google. Each of these companies are responsible for several products and services that we use in our everyday lives. They have devoured the ... (click for more)

Roy Exum: Those We All Ignore

I was in the midst of my “morning readings” the other day when a number leapt off my computer screen. Hark, heralded angels, did you know in the state of Iowa there are two (2) inpatient psychiatry beds for every 100,000 people? I’m not the best with percentages but there are some people in Iowa who aren’t getting the help they need. There are roughly 3.2 million people living in ... (click for more)