bailey-3193-reinstatement-order-11-17-21.pdf (2021)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
11/17/2021
In Re: WHITNEY SUZANNE BAILEY, BPR #026785
(Hawkins County)
_________________________
No. M2019-02300-SC-BAR-BP
BOPR #2021-3193-1-AW-30.4(d)
_________________________
ORDER OF REINSTATEMENT
This matter is before the Court, pursuant to Tenn. Sup. Ct. R. 9, § 30.4(d), upon a
Petition for Reinstatement filed on September 3, 2021, by the Petitioner, Whitney Suzanne
Bailey. Ms. Bailey was suspended from the practice of law by Order of this Court filed on
January 8, 2020. The Hearing Panel entered its Decision, Report, and Findings of
Disciplinary Hearing Panel on October 28, 2021, recommending Ms. Bailey be reinstated
with conditions. The Decision, Report, and Findings of Disciplinary Hearing Panel were
considered and approved by the Board on November 5, 2021.
From all of which the Court approves the Decision, Report, and Findings of
Disciplinary Hearing Panel and adopts the same as this Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT:
1.
The Petitioner, Whitney Suzanne Bailey, is hereby reinstated to the practice
of law in the State of Tennessee pursuant to Tenn. Sup. Ct. R. 9, § 30.4(d),
subject to the following conditions:
a. Ms. Bailey continues and remains in substantial compliance with her
current Tennessee Lawyers Assistance Program (TLAP) monitoring
agreement and authorizes TLAP to timely report any substantial noncompliance to the Board of Professional Responsibility.
b. During the remaining period of her probation as provided for in the Order
of Enforcement entered by this Court on January 8, 2020, Ms. Bailey, at
her own expense, shall engage the services of a practice monitor, who
shall be selected and approved in accordance with Tenn. Sup. Ct. R. 9, §
12.9(c). Ms. Bailey shall meet in person or by video conference with her
Practice Monitor to identify and address any time management or timely
communication issues of Ms. Bailey. The Practice Monitor shall have
access to TLAP to facilitate Ms. Bailyâs substantial compliance with the
terms and conditions of her monitoring agreement, and Ms. Bailey shall
execute a release with TLAP to provide said access. The Practice Monitor
shall provide written reports to the Board regarding Ms. Baileyâs
progress.
c. Ms. Bailey shall incur no new disciplinary complaints for which the
Board recommends disciplinary action during the remainder of her
probation period.
2.
As a further condition of reinstatement and pursuant to Tenn. Sup. Ct. R. 9,
§ 30.4(8), Ms. Bailey, shall pay to the Board of Professional Responsibility
the expenses and costs of this matter in the amount of $500.00, and the
$100.00 filing fee assessed by this Court, and shall pay to the Clerk of this
Court the costs incurred herein, if any, within ninety (90) days of the entry
of this Order, for all of which execution may issue if necessary.
3.
That the psychological evaluation and records entered into evidence at the
hearing and sealed by the Panel shall remain under seal until further orders
of this Court.
4.
The Board of Professional Responsibility shall cause notice of this
reinstatement to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM
2