dempsey-2763-1.pdf (2020)
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IN THE SUPREME COURT OF TENNESSEE 08/21/2020
AT NASHVILLE
IN RE: BENJAMIN DEMPSEY, BPR #009041
An Attorney Licensed to Practice Law in Tennessee
(Carroll County)
_________________________
No. M2020-01091-SC-BAR-BP
BOPR No. 2017-2763-7-KH
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline against Mr. Dempsey
on August 16, 2017; upon the Answer to Petition for Discipline filed by Mr. Dempsey on
October 20, 2017; upon the Supplemental Petition filed against Mr. Dempsey on December
5, 2018; upon the Answer to the Supplemental Petition filed by Mr. Dempsey on March
13, 2019; upon the Conditional Guilty Plea filed by Mr. Dempsey on January 9, 2020; upon
the Order Recommending Approval of Conditional Guilty Plea entered by the Hearing
Panel on January 9, 2020; upon service of the Order Recommending Approval of
Conditional Guilty Plea by the Executive Secretary of the Board dated January 10, 2020;
upon consideration and approval by the Board on January 28, 2020; upon the Order
Recommending Approval of Revised Conditional Guilty Plea; upon the Supreme Courtâs
Order rejecting the previously proposed Order of Enforcement as too lenient; upon Mr.
Dempseyâs revised Conditional Guilty Plea submitted on July 17, 2020; upon the Hearing
Panel entering its Order Recommending Approval of Conditional Guilty Plea on July 22,
2020; upon the Executive Secretary of the Board forwarding a copy of the Order
Recommending Approval of Conditional Guilty Plea to Mr. Dempsey on July 22, 2020;
upon the Board of Professional Responsibility approving the Order of the Hearing Panel
by Board Ballot on August 5, 2020; and upon the entire record in this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panelâs Order Recommending Approval of Revised Conditional Guilty Plea
as the Courtâs Order.
On August 16, 2018, Mr. Dempsey was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (M2018-01482-SC-BAR-BP). To date, Mr.
Dempsey has not requested, nor been granted reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1) Benjamin Dempsey is suspended from the practice of law for five (5) years,
pursuant to Tenn. Sup. Ct. R. 9, § 12.2, with three (3) years active, and the remainder on
probation. Mr. Dempseyâs active suspension shall be retroactive to August 16, 2018,
pursuant to Tenn. Sup. Ct. R. 9, § 12.2(b). Mr. Dempseyâs probation is subject to the
following conditions:
(a) Mr. Dempsey, at his cost, if any, shall engage the services of a Practice
Monitor who shall be selected and approved in accordance with Tenn.
Sup. Ct. R. 9, § 12.9(c). The Practice Monitor shall meet with Mr.
Dempsey monthly and assess Mr. Dempseyâs case load, case
management, trust account, compliance with trust account rules,
accounting procedures, and office management procedures, in
accordance with Tenn. Sup. Ct. R. 9, § 12.9(b). The Practice Monitor
shall provide a monthly written report of Mr. Dempseyâs trust
accounting to Disciplinary Counsel.
(b) During the period of active suspension and probation, Mr. Dempsey
shall incur no new complaints of misconduct that relate to conduct
occurring during the period of suspension and probation and which
results in the recommendation by the Board that discipline be imposed.
(2) In the event Mr. Dempsey fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Prior to seeking reinstatement, Mr. Dempsey must have met all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this suspension until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Further, the Order of Temporary Suspension entered on August 16, 2018, in
M2018-01482-SC-BAR-BP is hereby dissolved.
(5) Additionally, Mr. Dempsey shall comply in all aspects with Tenn. Sup. Ct.
R. 9, §§ 28 and 30.4, regarding the obligations and responsibilities of suspended attorneys
and the procedure for reinstatement.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Dempsey shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $3,124.81. Mr. Dempsey shall pay the amount of Five Hundred and No/100 Dollars
($500.00) per month, for five (5) months, on the first day of each month after the entry of
the Supreme Courtâs Order of Enforcement, and $624.81 on the first day of the sixth month
after the entry of the Supreme Courtâs Order of Enforcement. In the event Mr. Dempsey
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fails to make any payment as required herein, the Board may reopen its disciplinary file
and conduct further proceedings pursuant to Tenn. Sup. Ct. R. 9, § 12.8.
(8) The Board of Professional Responsibility shall cause notice of this discipline
to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM
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