smith-2378.pdf (2015)

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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: MARSHALL SCOTT SMITH, BPR #9257
An Attorney Licensed to Practice Law in Tennessee
(Madison County)

No. M2014~0l909-SC-BAR—BP F l L ED
BOPR No. 2014-2375-7-KH(27) w
APR 1 4 2815

ORDER

On September 29, 2014, Marshall Scott Smith filed with the Court a Notice of
Disability alleging a disability which renders him incapable of practicing law and which
prevents him fi‘om defending himself against a disciplinary complaint, pursuant to Tenn.
Sup. Ct. R. 9, § 27.4 (2014). On September 30, 2014, the Board of Professional
Responsibility filed a response, contending that Mr. Smith’s notice of disability did not
adequately support a determination that Mr. Smith should be transferred to disability
inactive status. The Board also filed a Petition for Temporary Suspension (No. M2014-
01915-SC—BAR—BP) pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (2014) on October 1, 2014.

This Court entered an Order on October 7, 2014, transferring Mr. Smith to
disability inactive status pending a determination of a hearing panel following a formal
hearing to determine Mr. Smith’s capacity to practice law or defend himself against a
disciplinary complaint. The Court also entered an Order on October 14, 2014, holding
the Board’s Petition for Temporary Suspension (No. M2014-01915-SC~BAR—BP) in
abeyance pending the outcome of the disability proceeding.

On March 25, 2015, a hearing panel entered its Order recommending dismissal of
Mr. Smith’s petition pursuant to its finding that Mr. Smith voluntarily rescinded his
request to be placed on disability inactive status. The hearing panel also recommended
that Mr. Smith be required to reimburse the Board for payment of costs related to the
cancellation of two (2) appointments for an evaluation.

From all of which the Court approves and adopts the Order of the Hearing Panel
as the Court’s Order. A copy of the Hearing Panel’s Order is attached as Exhibit A.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:

1. The law license of Marshall Scott Smith shall be removed from disability
inactive status. Accordingly, the Board’s Petition for Temporary in No. MZ014-01915-
SC-BAR-BP is no longer held in abeyance and shall be addressed by separate Order of
this Court. ,

2. Mr. Smith shall be required to reimburse the Board for costs, including
costs for evaluation appointments, in the amount of $1,255.00 prior to any reinstatement
to the active practice of law. Mr. Smith shall pay to the Clerk of this Court the costs
incurred herein, Within ninety (90) days of the entry of this Order, for all of which
execution may issue if necessary.

3. Pursuant to Tenn. Sup. Ct. R. 9, § 32.4, documents other than this Order
relating to Mr. Smith’s disability proceeding shall not be public records and shall be kept
confidential.

PER CURIAM
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BOARD OF PROFESSLQNAL HES NSIBILITY
DFTHE _ -
' UPRE. OOUiY OF TERM-IS E l

[N mscmuumy DISTRICT v11 '
Executive secretary . '
i
0!“ THE .
B0 ARI) OF PROFESSIONAL RESPONSIBILTI’Y i
OF THE 1
SUPREME COURT OF TENNESSEE

IN RE: MARSHALL SCOTT SMITH, DOCKET NO. 2014-2375—7-KHQ‘?)
Petitioner '

ORDER RECOMMENDING DISMISSAL

This matter comes before the Hearing PEDGi upon Motion to Dismiss filed by Marshall

Scott Smith, upon Response by the Board of Professional Responsibility, and upon the entire

record in this canoe. Based upon Mr. Smith’s request to dismiss the petition for disability status

the Hearing Panel finds that he has voluntmily rescinded his request to be transferred to disability

inactive status and it is appropriate to dismiss this eause.

Funher, While this matter has been before the Hearing Panel, Mr. Smith consented to on

evaluation and the Board agreed to pay the costs, subject to reimbursement by Mr. Smith in the

event it was-determined that he should not Temain on disability ineotive status. Mr. Smith made

and cancelled two (2) appointments, resetting in $ 1,200.00 in cancellation fees. The Hearing Panel i

finds that Mr. Smith shall he required to reimburse the Board for these fees pn'or to any

reinstatement.
. got-EL
ENTERED ON THIS THE # day of March, 2015.
PO 1 eaiingl’auel‘.

RECEIVED I g/M/Q/) fkfié/flgf
, Teresa Mershul1,'i’Uiel Chair
MAR 3 5 295
BOARD OF PROFESSIONAL EXHlBlT
RESPONSIBILITY
§_A__
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: MARSHALL SCOTT SMITH, BPR #9257
An Attorney Licensed to Practice Law in Tennessee
(Madison County)
F | L E” D
No. M2014~01915-SC-BAR—BP APR 1 4 2015
BOPR No. 2014-2378-7-KH(12.3) R C'fi'“ of the Com,
ec'd y

ORDER OF TEMPORARY SUSPENSION

This matter is before the Court on a Petition of the Board of Professional
Responsibility of the Supreme Court of Tennessee, by and through Disciplinary Counsel,
for the temporary suspension of Marshall Scott Smith from the practice of law, pursuant
to Tenn. Sup. Ct. R. 9, § 12.3 (2014). The Petition has been authorized by the Chair of
the Board of Professional Responsibility and is supported by the Affidavit of Eileen
Burkhalter Smith, Disciplinary Counsel.

Based upon the Petition and the supporting Affidavit, the Court finds that Marshall
Scott Smith, Respondent, has misappropriated funds and poses a threat of substantial
harm to the public as detailed by the Affidavit of Disciplinary Counsel.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:

1. Marshall Scott Smith is hereby temporarily suspended from the practice of
law as provided in Tenn. Sup. Ct. R. 9, § 12.3 (2014).

2. Marshall Scott Smith shall comply with Tenn. Sup. Ct. R. 9 in all respects
and particularly as provided in Tenn. Sup. Ct. R. 9, § 30 (2014).

3. Marshall Scott Smith may make application for dissolution or modification
of this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3 (2014).

4. The Board of Professional Responsibility shall cause notice of this
suspension of Marshall Scott Smith to be published as required by Tenn. Sup. Ct. R. 9, §
28.11.

PER CURIAM

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