ownby-2554-2-order-of-enforcement.pdf (2017)

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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

07/07/2017

IN RE: JERE FRANKLIN OWNBY, III, BPR #14979
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
_________________________
No. M2017-01362-SC-BAR-BP
BOPR No. 2016-2554-2-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Jere
Franklin Ownby on February 23, 2016; upon Respondent’s Answer to the Petition for
Discipline filed May 31, 2016; upon the Board’s Supplemental Petition for Discipline
filed July 22, 2016; upon Respondent’s Answer to the Supplemental Petition for
Discipline filed November 3, 2016; upon Respondent’s Conditional Guilty Plea filed
March 27, 2017; upon the Hearing Panel’s Order Recommending Approval of
Conditional Guilty Plea entered March 27, 2017; upon the Executive Secretary of the
Board’s service of the filed Order Recommending Approval of Conditional Guilty Plea to
Respondent on March 27, 2017; and upon the Board’s approval of the Order on June 9,
2017.
From all of which the Court approves the Order Recommending Approval of
Conditional Guilty Plea as the Court’s Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:

ORDERED,

ADJUDGED

AND

(1)
Jere Franklin Ownby, III is suspended from the practice of law for one (1)
year with thirty (30) days active and the remainder on probation, pursuant to Tenn. Sup.
Ct. R. 9, § 12.2, subject to the following conditions of probation:
(a)

During the period of suspension and probation, Mr. Ownby 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)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Ownby shall make restitution to the following individuals and shall
furnish to the Board of Professional Responsibility proof of restitution. In the event
restitution is made by the Tennessee Lawyer’s Fund for Client Protection (TLFCP), Mr.
Ownby shall reimburse TLFCP in the same amount:
a)
b)

Sandra Hubbell - $5,000.00
Allison Streeter - $5,000.00

(3)
In the event Mr. Ownby fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2 (2014).
(4)
Prior to seeking reinstatement, Mr. Ownby 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)
Mr. Ownby 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, § 31.3(d), Mr. Ownby shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $2,018.56 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.
(7)

Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon

entry.
(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 (2014).
PER CURIAM

2

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