johnson-2845.pdf (2019)
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02/08/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: EARL FRANK JOHNSON, BPR #019811
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_________________________
No. M2019-00198-SC-BAR-BP
BOPR No. 2018-2845-9-KH
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed by the Board of
Professional Responsibility (âBoardâ) against Earl Frank Johnson on March 26, 2018;
upon Mr. Johnsonâs Answer filed May 17, 2018; upon a Conditional Guilty Plea filed by
Mr. Johnson on September 28, 2018; upon an Order Recommending Approval of
Conditional Guilty Plea entered October 16, 2018; upon service of the Order
Recommending Approval of Conditional Guilty Plea on Mr. Johnson by the Executive
Secretary for the Board on October 16, 2018; upon consideration and approval by the
Board on December 14, 2018; and upon the entire record in this cause.
From all of which the Court approves and adopts the hearing panelâs Order
Recommending Approval of Conditional Guilty Plea as the Courtâs Order.
On August 31, 2012, Mr. Johnson was suspended for CLE non-compliance. On
November 28, 2012, Mr. Johnson was suspended for non-compliance with mandatory
IOLTA reporting requirements and non-payment of annual registration fee. To date, Mr.
Johnson has not requested, nor been granted, reinstatement from these suspensions.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Earl Frank Johnson is suspended from the practice of law for six (6) months
pursuant to Tenn. Sup. Ct. R. 9, § 12.2, subject to the following condition:
Mr. Johnson shall contact the Tennessee Lawyers Assistance Program
(TLAP) for evaluation no later than thirty (30) days after the execution of
the Conditional Guilty Plea and follow any and all recommendations of
TLAP. If TLAP determines that a monitoring agreement is appropriate,
Mr. Johnson shall comply with the terms and conditions of the TLAP
monitoring agreement and shall give TLAP permission to communicate
with the Board regarding the monitoring agreement.
(2) Prior to seeking reinstatement, Mr. Johnson must meet all CLE and
registration 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) Mr. Johnson shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4(d), regarding the obligations and responsibilities of suspended attorneys.
(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. Johnson shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $826.42 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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