garner-2513.pdf (2016)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: LINDA KAYE KENDALL GARNER, BPR #13573
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
FlLED
No. M2016-01181-SC-BARâBP
BOPR No. 2015-2513-9-AW JUN 1 5 2015
Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline ï¬led against Linda
Kaye Kendall Garner on November 17, 2015; upon Answer to Petition for Discipline
ï¬led by Ms. Garner on December 18, 2015; upon a Conditional Guilty Plea entered May
2, 2016; upon the Order Recommending Approval of Conditional Guilty Plea by the
Hearing Panel entered May 9, 2016; upon consideration and approval by the Board on
May 20, 2016; and upon the entire record in this cause.
From all of which the Court accepts the recommendation of the Hearing Panel and
adopts the Hearing Panelâs Order Recommending Approval of Conditional Guilty Plea as
the Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, §§ 12.2 and 14.1 (2014), the law license of
Linda Kaye Kendall Garner is suspended for one (1) year, with thirty (30) days served
actively and the remainder served on probation pursuant to Tenn. Sup. Ct. R. 9. § 12.2
and § 14.1 (2014).
(2) The grant of probation is conditioned upon Ms. Garner engaging in no new
unethical conduct during the one (1) year suspension which results in a Board
recommendation for discipline. In the event Ms. Garner violates or otherwise fails to
meet a condition of probation, the grant of probation may be revoked pursuant to Tenn.
Sup. Ct. R. 9, § 14.2, and Ms. Garner required to serve the previously deferred period of
suspension.
(3) Prior to seeking reinstatement, Ms. Garner 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) Ms. Garner 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), Ms. Garner agrees to
reimburse the Board of Professional Responsibility the costs and expenses of this
proceeding in the amount of $533.96 within ninety (90) days of the entry of this Order,
for all of which execution may issue if necessary.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(7) Board of Professional Responsibility shall cause notice of this discipline to
be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
PER CURIAMâ