BOARD OF PROFESSIONAL RESPONSIBILITY (2003)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN
DEPUTY CHIEF DISCIPLINARY COUNSEL TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
(800) 486-5714 JAMES A. VICK
BEVERLY P. SHARPE FAX: (615) 367-2480 THERESA M. COSTONIS
CONSUMER COUNSEL/DIRECTOR E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
RELEASE OF INFORMATION
RE: CHARLES F. GALBREATH, NO. 2779
CONTACT: JAMES A. VICK
BOARD OF PROFESSIONAL RESPONSIBILITY
December 31, 2003
NASHVILLE ATTORNEY SUSPENDED BY SUPREME COURT
Charles F. Galbreath, a Nashville attorney, was suspended from the practice of law for
thirty days by Judgment of the Supreme Court of Tennessee entered December 29, 2003.
Pursuant to Section 18.5 of Supreme Court Rule 9, the suspension will become effective ten days
from the date of the Judgment.
Mr. Galbreath's suspension arose out of disciplinary complaints lodged against him by
two Chancellors of the Chancery Court for Davidson County. A hearing was conducted by a
Hearing Committee of the Board of Professional Responsibility on October 17, 2001. The
Judgment of the Hearing Panel entered November 2, 2001, suspended Mr. Galbreath for thirty
days. Mr. Galbreath appealed to the Circuit Court for Davidson County. The Circuit Court
entered an Order dated September 18, 2002, affirming the thirty-day suspension. Mr. Galbreath
then appealed to the Supreme Court.
The first complaint was filed by the Chancellor of the court in which Mr. Galbreath had
been sued arising out of a proposed sale of real property. Mr. Galbreath counterclaimed against
the lending bank and its attorney. The Chancellor held that Mr. Galbreath's counterclaim was
frivolous and in violation of Tennessee Rule of Civil Procedure 11 and assessed fees and
sanctions against Mr. Galbreath. Mr. Galbreath then made oral and written motions for the
Chancellor to recuse himself, all of which were denied. In an effort to get the Chancellor to
recuse himself, Mr. Galbreath then wrote letters to another judge, the Chancellor, and to a Justice
of the Supreme Court, all copied to the Chancellor, making various threats to report the
Chancellor to the Court of the Judiciary or to discuss the matters regarding the judges on the
radio show which Mr. Galbreath hosts. The Chancellor then recused himself from the case. In
the second complaint, Mr. Galbreath called the Chancellor "honey" in open court during a court
proceeding. The Supreme Court found that Mr. Galbreath's conduct violated the Code of
Professional Responsibility in that he engaged in conduct which was prejudicial to the
administration of justice and adversely reflected upon his fitness to practice law, and that he
engaged in undignified and discourteous conduct which was degrading to the tribunal. The
Court found the fact that Mr. Galbreath had been disciplined by the Board of Professional
Responsibility on three prior occasions and his failure to acknowledge the wrongful nature of his
conduct to be aggravating factors.
The Court further ordered that Mr. Galbreath pay the costs of the disciplinary
proceedings and comply in all respects with Supreme Court Rule 9 regarding the obligations and
responsibilities of a suspended attorney. Mr. Galbreath may resume the practice of law upon the
expiration of the period of suspension.
Galbreath 1129 rel.doc