anderson-2274-2433.pdf (2015)
Archived Content: This document is formally archived for historical reference. The original PDF remains the official record for legal purposes.
Need help? Please use the Assistance Request Form below.
Original PDF Document
Download Official Record (anderson-2274-2433.pdf)
Alternative Accessible HTML
Accessible Alternative: This HTML version is an automatically processed accessible alternative. While it provides a searchable format, the text extraction may contain formatting or character errors. The original PDF remains the authoritative official record.
Need a different format? Use the Request Assistance Form.
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN STEPHEN ANDERSON,BPR #1236
An Attorney Licensed to Practice Law in Tennesse FILED
(Hawkins County)
DEC 22 2015
Clerk of the Courts
No. M2015-02425-SC-BAR-BP Rec'd By
BOPR Nos. 2013-2274-1-AW, 2015-2433-1-AW
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline (Docket No. 2013-
2274-1-AW) filed by the Board of Professional Responsibility (Board) against John
Stephen Anderson on November 25, 2013; upon Mr. Anderson's Response to Petition for
Discipline filed April 21, 2014; upon a Supplemental Petition for Discipline filed April
25, 2014; upon the Board's Motion for Order Compelling Respondent to Comply with
Rule 8.02 of the Rules of Civil Procedure filed July 17, 2014; upon a Hearing Panel for
the Board of Professional Responsibility's July 30, 2014 Order Granting Default
Judgment on the Supplemental Petition for Discipline; upon the motion of the Board to
Deem the Averments in the Petition for Discipline Admitted for Failure to Comply with
the July 30, 2014 Order of the Hearing Panel or in the Alternative to Strike the Answer of
Respondent and Enter a Default Judgment filed August 29, 2014; upon the Hearing
Panel's September 9, 2014 Order striking Mr. Anderson's answer; upon the filing of a
Second Supplemental Petition for Discipline on February 10, 2015; upon the Board's
Notice of Voluntary Dismissal of the Second Supplemental Petition for Discipline
without Prejudice filed March 6, 2015; upon the Hearing Panel's Order of Voluntary
Dismissal of the Second Supplemental Petition for Discipline Without Prejudice entered
March 11, 2015; upon the final hearing held March 16, 2015, and entry of the Judgment
of the Hearing Panel on March 18, 2015; upon Motion of the Board to Alter or Amend
the Judgment of the Hearing Panel Entered March 18, 2015, filed on March 24, 2015;
upon the Hearing Panel's Order entered April 1, 2015, amending the judgment; upon the
filing of an Appeal and Request for Judicial Review by Mr. Anderson on May 1, 2015;
upon the Board's Answer to Appeal and Request for Judicial Review filed June 15, 2015;
upon the Board's June 15, 2015 Motion to Dismiss Appeal and Request for Judicial
Review; upon Mr. Anderson's Conditional Guilty Plea entered September 25, 2015, and
approved by the Chancery Court for Hawkins County; and upon the Agreed Judgment
entered November 4, 2015, in the Chancery Court for Hawkins County at Rogersville,
Tennessee.
This matter is also before the Court upon a Petition for Discipline (Docket
No.2015-2433-1-AW) filed March 13, 2015; upon the May 19, 2015 Motion for Default
Judgment and that Charges in Petition for Discipline be Deemed Admitted; upon the
Board's June 2, 2015 Supplemental Petition for Discipline; upon the Order of Default
Judgment entered by a Hearing Panel for the Board of Professional Responsibility on
July 22, 2015; upon the Board's Motion for Default Judgment and that Charges in
Supplemental Petition for Discipline be Deemed Admitted filed July 27, 2015; upon the
September 4, 2015 Hearing Panel Order of Default Judgment; upon a Conditional Guilty
Plea submitted by Mr. Anderson on September 22, 2015; upon the Hearing Panel's Order
Recommending Approval of Conditional Guilty Plea entered September 25, 2015; upon
consideration and approval of the Order Recommending Approval of the Conditional
Guilty Plea (Docket No. 2015-2433-1-AW) and the Chancery Court's Agreed Judgment
(Docket No. 2013-2274-1-AW) by the Board of Professional Responsibility on
November 13, 2015; and upon the entire record in this cause.'
From all of which the Court accepts the Order of the Hearing Panel and the
Agreed Judgment of the Chancery Court of Hawkins County, Tennessee, and adopts the
Hearing Panel's Order Recommending Approval of Conditional Guilty Plea and the
Chancery Court's Agreed Judgment as the Court's Order.
On March 31, 2015, Mr. Anderson was summarily suspended by this Court for
non-payment of annual registration fees as well as for non-compliance with IOLTA
requirements. To date, Mr. Anderson has not requested, nor been granted reinstatement
from these suspensions.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
1. Pursuant to Tenn. Sup. Ct. R. 9, §§ 4.2 (2006) and 12.2 (2014), John Stephen
Anderson's license to practice law is suspended for (a) one (1) year in Docket
No. 2013-2274-1-AW, and (b) five (5) years in Docket No. 2015-2433-1-AW
and Board Files 37386c-1-ES; 37747-1-ES; 40804-1-ES; 42390-1-ES; and
42562-1-ES. Mr. Anderson shall serve the five (5) year suspension consecutive
to the one(1) year suspension for a total suspension of six(6) years.
2. Pursuant to Tenn. Sup. Ct. R. 9, § 4.7 (2006) and Tenn. Sup. Ct. R. 9, § 12.7
(2014), and as a condition precedent to any reinstatement, Mr. Anderson 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.
Anderson shall reimburse TLFCP in the same amount:
a. Kenneth R. Brickell - $400.00;
1 The matters giving rise to the Petitions for Discipline were initiated before the Board prior and
subsequent to January 1,
2014, and are governed respectively by Tenn. Sup. Ct. R.9(2006) and Tenn. Sup. Ct. R.9(2014).
2
b. John Rowe - $3,000.00;
c. Donna Wallace - $400.00;
d. Larry Glinsky - $750.00;
e. Mashonda Dishner - $825.00;
f. Joyce Adkins - $1,416.00;
g. Jerry L. Large - $4,000.00;
h. John D.Laster - $1,500.00;
i. Michael Jay Childers - $250.00;
j. Winnie Horton - $100.00;
k. Gerald Wayne Lawson - $1,779.50;
1. Allan Olson - $1,797.50;
m. Mary Anne Farmen - $250.00; and
n. Tammy Russell - $1,500.00.
3. Prior to seeking reinstatement, Mr. Anderson must meet 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.
4. Additionally, Mr. Anderson shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 28 and 30.4 (2014) regarding the obligations and responsibilities of
suspended attorneys and the procedure for reinstatement.
5. Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Anderson shall pay to
the Board of Professional Responsibility the expenses and costs of this matter
in the amount of $6,042.19 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 (2014).
7. Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
PER CURIAM
3