mckinnie-2636-5-sc-order.pdf (2017)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
06/30/2017
IN RE: THOMAS H. MCKINNIE, BPR #15580
An Attorney Licensed to Practice Law in Tennessee
(Davidson County)
_________________________
No. M2017-01319-SC-BAR-BP
BOPR No. 2016-2636-5-AJ
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Thomas
H. McKinnie on September 23, 2016; upon Amended Certificate of Service filed by the
Board on October 4, 2016; upon request for additional time to respond to the Petition for
Discipline filed by Mr. McKinnie on October 31, 2016; upon a Motion for Default
Judgment and that the Charges in the Petition for Discipline be Deemed Admitted filed
by the Board on December 29, 2016; upon Show Cause Order entered by the Hearing
Panel on January 31, 2017; upon service of the Show Cause Order on Mr. McKinnie by
the Executive Secretary of the Board on January 31, 2017; upon Notice Certifying
Mailing filed by the Board on February 2, 2017; upon Order granting Motion for Default
entered by the Hearing Panel on February 17, 2017; upon service of the Order granting
Motion for Default on Mr. McKinnie by the Executive Secretary of the Board on
February 17, 2017; upon the Findings of Fact and Conclusions of Law of the Hearing
Panel entered on March 28, 2017; upon service of the Findings of Fact and Conclusions
of Law on Mr. McKinnie by the Executive Secretary of the Board on March 28 2017;
upon Application for Assessment of Costs filed by the Board on April 4, 2017; upon
Order Assessing Costs entered April 25, 2017; upon service of the Order Assessing Costs
on Mr. McKinnie by the Executive Secretary of the Board on April 25, 2017; upon
consideration and approval by the Board on June 9, 2017; 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 Order of the Hearing Panel and adopts
the Hearing Panelâs Findings of Fact and Conclusions of Law as the Courtâs Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.1, Thomas H. McKinnie is disbarred
from the practice of law.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. McKinnie shall make restitution to Carrie Smithson in the amount of
$196,469.05. In the event restitution is made by the Tennessee Lawyerâs Fund for Client
Protection (TLFCP), Mr. McKinnie shall reimburse TLFCP in the same amount.
(3)
Mr. McKinnie shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28,
and Tenn. Sup. Ct. R. 9, § 30.4, regarding the obligations and responsibilities of
suspended attorneys and the procedure for reinstatement.
(4)
Prior to seeking reinstatement, Mr. McKinnie 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.
(5)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective
immediately.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. McKinnie shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $543.83 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.
(7)
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