luethke-2980.pdf (2019)
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05/10/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: KAY JEFFREY LUETHKE, BPR #015534
An Attorney Licensed to Practice Law in Tennessee
(Sullivan County)
______________________
No. M2019-00513-SC-BAR-BP_M2017
BOPR No. 2019-2980-1-AJ-25
______________________
ORDER OF RECIPROCAL DISCIPLINE
This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 25, upon a Notice of
Submission filed by the Board of Professional Responsibility (âBoardâ) consisting of a
certified copy of a Subcommittee Determination from the Tenth District Subcommittee of the
Virginia State Bar entered January 25, 2019, publically reprimanding Kay Jeffrey Luethke.
On March 22, 2019, this Court entered a Notice of Reciprocal Discipline directing Mr.
Luethke to inform this Court, within thirty (30) days of receipt of the Notice, why reciprocal
discipline should not be imposed in Tennessee pursuant to Tenn. Sup. Ct. R. 9, § 25.4 or, in
the absence of a response demonstrating the grounds set forth in Tenn. Sup. Ct. R. 9, § 25.4,
the Supreme Court of Tennessee will impose a discipline with identical terms and conditions
based upon the Subcommittee Determination of the Tenth District Subcommittee of the
Virginia State Bar. Mr. Luethke filed a response on April 22, 2019, and the Board filed a
reply on May 3, 2019.
After careful consideration of the record in this matter, the Court finds, based upon the
particular facts of this case, that none of the elements in Tenn. Sup. Ct. R. 9, § 25.4 exist, and
it is appropriate to enter an Order of Reciprocal Discipline.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1) Kay Jeffrey Luethke shall be publicly censured pursuant to Tenn. Sup. Ct. R. 9, §
12.4 consistent with the discipline entered by the Tenth District Subcommittee of
the Virginia State Bar, attached to this Order as Exhibit A.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3, Mr. Luethke shall pay to the Board of
Professional Responsibility the expenses and costs of this matter in the amount
of $50.00 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.
(3) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon entry.
(4) 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