santore-3420.pdf (2024)
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IN THE SUPREME COURT OF TENNESSEE 09/26/2024
AT NASHVILLE
IN RE: FRANCIS XAVIER SANTORE, JR., BPR #011315
An Attorney Licensed to Practice Law in Tennessee
(Greene County)
______________________________
No. M2024-01072-SC-BAR-BP
______________________________
ORDER GRANTING TEMPORARY SUSPENSION AND REQUIRING
EXAMINATION BY QUALIFIED MEDICAL OR MENTAL HEALTH
EXPERT
On July 22, 2024, the Board of Professional Responsibility (âBoardâ) filed a
Petition for Temporary Suspension pursuant to Tenn. Sup. Ct. R. 9, § 12.3 and a Petition
to Transfer to Disability Inactive Status and Require Examination by Medical or Mental
Health Expert pursuant to Tenn. Sup. Ct. R. 9, § 27.4 relating to Francis Xavier Santore,
Jr. (âMr. Santoreâ). The Board also filed a motion to file its Petition under seal, and this
Court granted that motion, gave Mr. Santore time to respond to the Boardâs petition, and
ordered his response to be placed under seal as well.
On August 12, 2024, Mr. Santore filed a response in opposition to the petition and
attached multiple exhibits to his response. On August 29, 2024, the Board filed a reply to
Mr. Santoreâs response and a motion to strike certain exhibits attached to Mr. Santoreâs
response. On September 5, 2024, Mr. Santore filed a response to the Boardâs motion to
strike.
Having considered the Boardâs motion to strike and Mr. Santoreâs response, the
Boardâs motion to strike is DENIED.
Furthermore, upon due consideration of the Boardâs Petition, Mr. Santoreâs
response, and the Boardâs reply, this Court finds that Francis Xavier Santore, Jr., poses a
threat of substantial harm to the public warranting his temporary suspension under Tenn.
Sup. Ct. R. 9, § 12.3. This determination is based upon findings of the hearing panel that
presided over a hearing on the Boardâs formal petition for discipline against Mr. Santore
in its January 17, 2024 âJudgment of the Hearing Panelâ and in its February 2, 2024
âAmended Judgment of the Hearing Panel and Partial Granting of Motion to Alter or
Amend Judgment of Hearing Panel.â The hearing panel found that Mr. Santoreâs âconduct
is likely to cause immediate and serious injury to a client or the public if he continues to
practice law at this time.â The hearing panel described as âsignificantâ â[t]he potential
injury to clients and to the legal profession caused by [Mr. Santoreâs] conduct.â The
hearing panel stated that â[Mr. Santore] needs help, treatment, and education before he can
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safely return to the practice of law.â These findings, made after a hearing at which Mr.
Santore was represented by counsel, testified, called âmany witnesses,â and presented the
arguments of counsel, are the basis of our finding that Mr. Santore poses a threat of
substantial harm to the public warranting his temporary suspension under Tenn. Sup. Ct.
R. 9, section 12.3. Mr. Santoreâs temporary suspension is effective immediately upon the
entry of this order, meaning that Mr. Santore must immediately cease practicing law upon
the entry of this order. Tenn. Sup. Ct. R. 9, § 12.3(c).
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED BY THE
COURT THAT:
1. Francis Xavier Santore, Jr., is hereby temporarily suspended from the
practice of law effective immediately upon entry of this order pursuant to Tenn. Sup. Ct.
R. 9, § 12.3(c).
2. Mr. Santore shall undergo an examination by a qualified medical or mental
health expert selected by this Court to assess his capacity and fitness to practice law. Tenn.
Sup. Ct. R. 9, § 27.4. This examination shall be at the Boardâs expense. To aid this Court
in selecting the expert, the Tennessee Lawyer Assistance Program (hereinafter âTLAPâ)
shall provide this Court with the name of a medical or mental health expert qualified and
willing to conduct an appropriate evaluation of Mr. Santore. This Court will then enter an
order selecting an expert, and Mr. Santore shall contact the expert selected by this Court
within ten (10) days of entry of said order and shall cooperate fully with the expert to
schedule the evaluation recommended by the expert. The full results of the evaluation shall
be made available to the Board, this Court, Mr. Santore, and TLAP. In the event additional
evaluations by other medical or mental health expert(s) are recommended, the Board may
seek additional relief from this Court.
3. Mr. Santore shall execute a written release, provided by TLAP, which allows
TLAP to communicate with the Board and provide in detail the full circumstances and/or
events which required TLAP to suddenly withdraw assistance to Mr. Santore and decline
to communicate further with him. Mr. Santore shall deliver this executed release to TLAP
and the Board within ten (10) days of his receipt of the release from TLAP.
4. Mr. Santore, within ten (10) days of the entry of this Order, shall provide the
Board with a full and complete copy of the forensic psychological evaluation conducted
by Dr. B. Charles Ihrig on May 21, 2024.
5. Mr. Santore, within ten (10) days of the entry of this Order, shall provide the
Board with the original unedited surreptitious recording of his May 21, 2024, visit with Dr.
Ihrig.
6. Mr. Santore shall comply with Tenn. Sup. Ct. R. 9 in all respects and
particularly as provided in Tenn. Sup. Ct. R. 9, § 28, regarding the responsibilities of
suspended attorneys. To reiterate, Mr. Santoreâs suspension is effective immediately, and
he must immediately cease representing clients.
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7. Mr. Santore may, for good cause, make application for dissolution or
modification of this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3(d). However, given
the unique circumstances of this case, no hearing on such a petition may be held before
Mr. Santore:
(a) delivers to TLAP an executed written release, provided by TLAP,
which allows TLAP to communicate with the Board and provide in
detail the full circumstances and/or events which required TLAP to
suddenly withdraw assistance to Mr. Santore and decline to
communicate further with him;
(b) provides the Board with a full and complete copy of the forensic
psychological evaluation conducted by Dr. B. Charles Ihrig on May
21, 2024;
(c) provides the Board with the original unedited surreptitious
recording of his May 21, 2024, visit with Dr. Ihrig; and
(d) undergoes the examination by a qualified medical or mental health
expert selected by this Court to assess his capacity and fitness to
practice law, and the full results of the examination are provided to
the Board, this Court, Mr. Santore, and TLAP.
8. Pursuant to Tenn. Sup. Ct. R. 9, §§ 32.4 and 36, Tenn. Sup. Ct. R. 33.07(B),
and Tenn. Sup. Ct. R. 33.10, documents other than this Order relating to the Petition for
Temporary Suspension and Evaluation or Examination shall not be public record and shall
be kept confidential.
It is so ORDERED.
PER CURIAM
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