hatmaker-2738-2-sc-order.pdf (2018)
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05/22/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: WESLEY LYNN HATMAKER, BPR #14880
An Attorney Licensed to Practice Law in Tennessee
(Campbell County)
_________________________
No. M2018-00921-SC-BAR-BP
BOPR No. 2017-2738-2-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Wesley
Lynn Hatmaker on June 29, 2017; upon a Motion for Default Judgment and that Charges
in Petition for Discipline be Deemed Admitted filed October 25, 2017; upon an Order for
Default Judgment entered November 13, 2017; upon a hearing on December 20, 2017;
upon the Findings of Fact, Conclusions of Law and Judgment of the Hearing Panel
entered January 26, 2018, upon service of the Findings of Fact, Conclusions of Law and
Judgment of the Hearing Panel on Mr. Hatmaker by the Executive Secretary of the Board
on January 26, 2018; upon the Boardâs Application for Assessment of Costs filed January
29, 2018; upon the Hearing Panelâs Findings and Judgment on Assessment of Costs
entered February 19, 2018; upon service of the Hearing Panelâs Findings and Judgment
on Assessment of Costs upon Mr. Hatmaker on February 20, 2018; upon consideration
and approval by the Board on March 9, 2018; 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 Order of the Hearing Panel and adopts
the Hearing Panelâs Judgment recommending disbarment as the Courtâs Order.
On October 3, 2016, Mr. Hatmaker was disbarred by this Court pursuant to Tenn.
Sup. Ct. R. 9, § 12.3 (Case No. M2016-01992-SC-BAR-BP). On August 10, 2017, Mr.
Hatmaker was disbarred by this Court pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case Nos.
M2017-01583-SC-BAR-BP and M2017-01585-SC-BAR-BP). To date, Mr. Hatmaker
has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Wesley Lynn Hatmaker is disbarred, pursuant to Tenn. Sup. Ct. R. 9, §
12.1.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Hatmaker shall make restitution to the following individual 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.
Hatmaker shall reimburse TLFCP in the same amount:
(a) Denford Phillips - $1,200.00
(3) Prior to seeking reinstatement, Mr. Hatmaker must meet all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Mr. Hatmaker shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28,
regarding the obligations and responsibilities of disbarred attorneys.
(5) Mr. Hatmaker shall comply in all aspects with Tenn. Sup. Ct. R. 9, §
30.4(d), regarding 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. Hatmaker shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $414.56 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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