costner-sexton-2390.pdf (2015)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: CYNTHIA LEE COSTNER-SEXTON,BPR #9936
An Attorney Licensed to Practice Law in Tennessee
(Blount County)
FILED
No. M2015-01777-SC-BAR-BP SEP 18 2015
BOPR No. 2014-2390-2-AW Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Cynthia
Lee Costner-Sexton on November 14, 2014; upon the Board's Motion for Default
Judgment and that Charges in the Petition for Discipline Be Deemed Admitted filed on
February 9, 2015; upon the Order of Default Judgment entered April 7, 2015; upon the
trial of this matter on April 20, 2015; upon the Board's Application for Assessment of
Costs filed on April 24, 2015; upon the Hearing Panels' Findings of Fact and
Conclusions of Law entered June 11, 2015; upon service of the Hearing Panel's Findings
of Fact and Conclusions of Law on Ms. Costner-Sexton by the Executive Secretary of the
Board on June 11, 2015; upon the Order Assessing Costs entered July 6, 2015; upon
service of the Order Assessing Costs upon Ms. Costner-Sexton by the Executive
Secretary for the Board on July 6, 2015; upon consideration and approval of the Hearing
Panel's judgment by the Board on July 9, 2015; upon expiration of the appeal period with
no appeal taken; and upon the entire record in this cause.
From all of which the Court approves the Judgment of the Hearing Panel and
adopts the Hearing Panel's Findings of Fact and Conclusions of Law as the Court's
Order.
On July 21, 2014, Ms. Costner-Sexton was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2014-01329-SC-BAR-BP). To date,
Ms. Sexton has not requested, nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Cynthia Lee Costner-Sexton is suspended for eleven (11) months and
twenty-nine (29) days retroactive to July 21, 2014, pursuant to Tenn. Sup. Ct. R. 9, § 12.2
(2014), and indefinitely thereafter, until completion of the following: payment of
restitution, payment of outstanding professional privilege taxes, payment of outstanding
registration fees, payment of court costs, payment of Board costs, and compliance with
any outstanding CLE requirements.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7 (2014), Ms. Costner-Sexton shall
make restitution to Robert Ortmann in the amount of $1,000 and shall furnish to the
Board of Professional Responsibility proof of restitution. In the event restitution is made
by the Tennessee Lawyer's Fund for Client Protection (TLFCP), Ms. Costner-Sexton
shall reimburse TLFCP in the same amount.
(3) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Ms. Costner-Sexton shall
pay to the Board of Professional Responsibility the expenses and costs of this matter in
the amount of $674.54 and 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.
(4) Ms. Costner-Sexton shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§
28 and 30.4 (2014) regarding the obligations and responsibilities of suspended attorneys
and the procedure for reinstatement. Prior to seeking reinstatement, Ms. Costner-Sexton
must comply with all conditions set forth in this Order of Enforcement.
(5) The Order of Temporary Suspension entered on July 21, 2014, in Case No.
M2014-01329-SC-BAR-BP is hereby dissolved.
(6) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. § 28.11 (2014).
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
PER CURIAM
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