booker-2608.pdf (2020)
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03/11/2020
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: ROBERT L. BOOKER, BPR #024887
An Attorney Licensed to Practice Law in Tennessee
(Montgomery County)
_________________________
No. M2020-00318-SC-BAR-BP
BOPR No. 2016-2608-6-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed by the Board of
Professional Responsibility (âthe Boardâ) against Robert L. Booker on July 19, 2016;
upon the Response to Petition for Discipline filed by Mr. Booker on August 8, 2016;
upon a Supplemental Petition for Discipline filed against Mr. Booker on November 22,
2016; upon the Response to Amended Petition for Discipline filed by Mr. Booker on
January 25, 2017; upon the Findings of Fact, Conclusions of Law and Judgment of the
Hearing Panel filed on August 29, 2018. and served upon Mr. Booker by the Executive
Secretary of the Board on the same date; upon the Findings and Judgment for Assessment
of Costs entered by the Hearing Panel on September 19, 2018, and served upon Mr.
Booker by the Executive Secretary of the Board on the same date; upon a Petition for
Review filed by Mr. Booker in the Montgomery County Circuit Court on November 19,
2018; upon the Order entered by the Circuit Court on August 12, 2019; upon the Findings
and Judgment for Assessment of Costs entered by the Circuit Court on September 9,
2019; upon a Notice of Appeal filed by Mr. Booker in the Supreme Court on September
11, 2019; upon the Order dismissing the appeal filed by the Supreme Court on January
17, 2020; upon the âMotion to Re-Instate Appealâ filed by Mr. Booker on January 22,
2020; upon the Response to Mr. Bookerâs âMotion to Re-Instate Appealâ filed by the
Board on January 23, 2020; and upon the Courtâs Order denying Mr. Bookerâs Motion to
Re-Instate Appeal filed on February 5, 2020. Mr. Booker filed a response to the Boardâs
Notice of Submission on February 28, 2020. He then filed a supplemental response on
March 4, 2020.
From all of which the Court approves the Order 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, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Robert L. Booker is suspended from the practice of law for three (3) years,
pursuant to Tenn. Sup. Ct. R. 9, § 12.2. In addition, as a condition of reinstatement, Mr.
Booker must make restitution to E.L. Jenkins in the amount of $136,275.00. Mr. Booker
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.
Booker shall reimburse TLFCP in the same amount.
(2) Prior to seeking reinstatement, Mr. Booker 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.
(3) Additionally, Mr. Booker 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.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Booker shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $5,715.49 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.
(6) 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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