castleman-2570-6-sc-order.pdf (2017)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
06/30/2017
IN RE: JOHN WILBURN CASTLEMAN, JR., BPR #23551
An Attorney Licensed to Practice Law in Tennessee
(Wayne County)
_________________________
No. M2017-01316-SC-BAR-BP
BOPR No. 2016-2570-6-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon an Amended Petition for Discipline filed
against John Wilburn Castleman, Jr., on October 27, 2016; upon an Order for Default
Judgment entered on November 28, 2016; upon the Findings of Fact, Conclusions of Law
and Judgment entered on March 6, 2017; upon service of the Findings of Fact,
Conclusions of Law and Judgment on Mr. Castleman by the Executive Secretary of the
Board on March 7, 2017; upon the Boardâs Revised Application for Assessment of Costs
filed March 22, 2017; upon the Hearing Panelâs Findings and Judgment for Assessment
of Costs entered April 21, 2017; upon service of the Hearing Panelâs Findings and
Judgment for Assessment of Costs upon Mr. Castleman by the Executive Secretary of the
Board on April 21, 2017; upon consideration and approval by the Board on June 9, 2017;
upon expiration of the time for appeal; 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 Panelâs Findings of Fact, Conclusions of Law and Judgment as the
Courtâs Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, John Wilburn Castleman, Jr., is
hereby suspended for one (1) year and one (1) day.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Castleman shall make restitution to Richard McClain in the amount of
$500 within thirty (30) days of entry of this Order and shall furnish to the Board of
Professional Responsibility proof of restitution. In the event restitution is made by the
Tennessee Lawyerâs Fund for Client Protection (TLFCP), Mr. Castleman shall reimburse
TLFCP in the same amount.
(3)
Within thirty (30) days of entry of this Order, Mr. Castleman shall contact
the Tennessee Lawyers Assistance Program (TLAP) for evaluation. If TLAP determines
that a monitoring agreement is appropriate, Mr. Castleman shall comply with the terms
and conditions of the TLAP monitoring agreement.
(4)
Prior to seeking reinstatement, Mr. Castleman 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.
(5)
Additionally, Mr. Castleman 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. Castleman shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,249.54 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.
(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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