gosnell-2408-rel2.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Archived Content: This document is formally archived for historical reference.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 (gosnell-2408-rel2.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: WILLIAM C. GOSNELL, BPR #4369
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
FILED
No. M2014-02523-SC-BAR~BP JUN
BOPR No. 2014-2408â9~AW(27) ' 9 2015
nacï¬ilg;kw
ORDER
On December 23, 2014, this Court entered an Order pursuant to Tenn. Sup. Ct. R.
9, § 27.4, immediately transferring William C. Gosnell to disability inactive status and
referring the matter to a hearing panel for a formal hearing to determine Mr. Gosneliâs
capacity to practice law and respond to or defend against a disciplinary complaint.
On April 29, 2015, a formal hearing was held before a three-member hearing
panel. On May 29, 2015, the panel entered its Memorandum Opinion and Order of the
Hearing Panel finding Mr. Gosneil failed to demonstrate he suffers from a disability
which makes it impossible for him to respond to or defend against the underlying
disciplinary complaint and recommending the Order of December 23, 2014, placing Mr.
Gosnell on disability inactive status be dissolved. A copy of the Memorandum Opinion
and Order of the Hearing Panel is attached hereto and incdrporated herein by reference.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
1. The Memorandum Opinion and Order of the Hearing Panel is approved as
the Courtâs Order.
2. The Order of this Court entered December 23, 2014, transferring Mr.
Gosnell to disability inactive status is hereby dissolved, and William C. Gosnell is
returned to active status.
PER CURIAM
t" lit». ti
1N DISCIPIJNARY DISTRICT 1x 2.535 Hit? 293 Pt! :2: 38
âTHE RESPONSIBILITY
BOARD on PROFESSIONAL - 331.1st ltttttttâIâ;â; 52â,:3 5*N
£999,435âx
on THE
SUPREME COURT OF TENNESSEE -- .-. tht
IN 1111:: WILLIAM c. GOSNELL, DOCKET NO. 2014-«2408â9âAWG7)
Respondent, BER N0. 4369,
An Attorney Licensed to
Practice Law In Tennessee
(Shelby County)
MEMORANDUM OPINION AND ORDER ()1? THE HEWG PANEL
This matter came on for hearing on April 29, 2015, pw'tmtmt to Tenn. Sup. Ct. R, 9, § 27.4
(a), and an Older of the Supreme Cum-t of Tmessce dated Decembm 23, 2014, directing the
amnimment ofa heating panel to determine Mr. Gosnell's capaoity to respond to or defend against
the disciplinary complaint currently pending against him. The ï¬aming Panel was duly appointed
on January 28, 2015, and native of the appointment of the Panel was ï¬led on Jammy 29, 2015.
Mr. Gosnell appeared pro 39, and tho Beard of meessional Respontï¬sility (Board) was rqamented
by A. Russell Willis.
At the ï¬nal heating, Mr. Gasman testiï¬ed regarding the current state ofhis health amt-that
he had been (txpelâlancing anxious health issues since August of 2013. Mr. Gomoll opined that as a
result ofhis health he was plmioally unable to umtinutt an active, fullutime law practice. tin ttuppoxt
ofhis tastimony Mr. Gosnell introduced into evidence twain medical records of Dr. Samaltu and
relied upon a latter ï¬âom Dr. Finn dated December 5, 2014, pmviously submitted with the Notice
_ of Gontantion of Disability. In response: to Mr. Sumatra: proof, tltt: Bowl intmduoed mrtain
pleadings authored by Mr. Game]! and ï¬led during 2014 in the underlying dlï¬ciplintuây action. In
response to questions item enamel for the Board, Mr. Howell mattï¬ed he: had defended himself
in the tmdmtyiug disciplinary action and wag defending himself in the present matter.
Tenn. Sup. Ct. R. 9, § 27.4 (a) (2014) pruvldas, in pettitmnt part, that if a tespomlant
attorney contends he is suffeï¬ng from a disability by reason of mental or physical inï¬rmity or
Exhibit: A.
illness, which ctiaability makes it impossible for the respomicnt attorney to respond to or deï¬lml
against the disalplinary complaint, such contention shall place at issue the respondentâs capacity
to continue the practice of law. At the formal hearing, tha Hearing Panel shall determine the:
respondent attomayâs capacity to continue the practical of law and to respond to or defend against
madiseiplimly complaint. Rule 9, § 27.4 (a) makes clear flmt memspondmt attomey, Mr. 603nm,
has the burden ofproof before the Panel and the burden in by a pmpundmnce oftlw evidanee.
Although Mr. Gosnell presented proof of the: mediaal conditions under which he suffm,
31¢ did not present any medical evidence: dwnonstratlng his medical oondiliuns made it lmpossihls
for him to respond to or defend against tlm underlying diaclpllnary complaint. In fact, the evidmce
in the record demonstrates Mr. Gosmll did respond tn and defend against the underlying
disciplinary mmplulm during the same time he experimmed the health issues he testiï¬ed about.
Mr. Gomoll representeé himsalf in the tmderlying disciplinary action and ï¬led pleadings with the
hunting panel and in his appeal ti) the Cimuit Court. Whila Mr. (He-snail may not be physically
capable of an active, fuliwlime law pmï¬ca, the evidance before the Panel is immufï¬clent to
conclude M1". Somali cannot rmpond to or deï¬md against the underlying disciplinary complaint.
The burden offproof was Mr. Ga snellâs, ancl he falled to wry it.
The flaming Fame! ï¬nds: by a preponderance of the: evidence that Mr. (30le1 failed to
demonstrate he suffers ï¬nm a. disability which makes it impossible far him to raspond to or dafmd
against the underlying dimplinary complaint. The Healing Panel recommends to the Suprema
Csurl that the Order of Dacembâer 23, 20'14, placing Mr. (30311511 an disability inactive status
inï¬rsï¬nitely ha dissolved, and Mr. Gosmllâs license to practice law be placed in active status.
It is so 01'de this Qijggï¬f May, 2015.