doherty-2305.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Archived Content: This document is formally archived for historical reference.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 (doherty-2305.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: JOSEPH JAMES DOHERTY,BPR #14295
An Attorney Licensed to Practice Law in Tennessee
(Hamblen County)
FILED
No. M2015-01661-SC-BAR-BP
SEP 2 2015
BOPR No. 2014-2305-1-WM Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Joseph
James Doherty on March 26, 2014; upon a Motion for Default Judgment and that
Allegations Contained in Petition Be Deemed Admitted filed on August 26, 2014; upon
an Order for Default Judgment entered on September 30, 2014; upon a Supplemental
Petition for Discipline filed against Joseph James Doherty on October 22, 2014; upon a
Motion for Default Judgment and that Allegations in Supplemental Petition for Discipline
Be Deemed Admitted filed on February 4, 2015; upon an Order for Default Judgment
entered on February 11, 2015; upon a hearing on May 14, 2015; upon the Judgment of
the Hearing Panel entered on May 27, 2015; upon service of the Judgment of the Hearing
Panel on Mr. Doherty by the Executive Secretary of the Board on May 27, 2015; upon
the Board of Professional Responsibility's Application for Assessment of Costs filed
May 27, 2015; upon the Judgment on Board of Professional Responsibility's Application
for Assessment of Costs entered June 25, 2015; upon service of the Judgment on Board
of Professional Responsibility's Application for Assessment of Costs upon Mr. Doherty
on June 25, 2015; upon consideration and approval by the Board on June 12, 2015; upon
expiration of the appeal period with no appeal taken; and upon the entire record in this
cause.
From all of which the Court approves the Judgment of the Hearing Panel and
adopts the Hearing Panel's Judgment recommending a disbarment.
On December 27, 2013, Mr. Doherty was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9,§ 4.3(2006)(Case No. M2013-02823-SC-BAR-BP). On
August 21, 2013, Mr. Doherty was suspended for failure to comply with CLE
obligations. To date, Mr. Doherty has not requested, nor been granted reinstatement, from
either suspension.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Joseph James Doherty is disbarred, pursuant to Tenn. Sup. Ct. R. 9, § 4.1
(2006)and Tenn. Sup. Ct. R. 9, § 12.1 (2014).
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 4.7 (2006), and as a condition precedent
to any reinstatement, Mr. Doherty shall make restitution to Jerry Barnard in the amount
of $600.00 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. Doherty shall reimburse TLFCP in the same amount.
(3) Prior to seeking reinstatement, Mr. Doherty must meet all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Additionally, Mr. Doherty shall comply in all aspects with Tenn. Sup. Ct.
R. 9, §§ 18 (2006), 28 (2014) and 30.4 (2014) regarding the obligations and
responsibilities of disbarred attorneys and the procedure for reinstatement.
(5) Further, the Order of Temporary Suspension entered on December 27, 2013
in Case No. M2013-02823-SC-BAR-BP is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Doherty shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $957.88 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.
(8) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. § 28.11 (2014).
PER CURIAM
2