del-236260.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN ARNOLD FITZGERALD, BPR #796
An Attorney Licensed to Practice Law in Tennessee
(Rhea County) I FILED
SEP1 0 2014
No. M2014-01694-SC-BAR-BP Clerk of the Courts
BOPR No. 2014-2360-3-AW(12.3) Recd By
ORDER OF TEMPORARY SUSPENSION
This matter is before the Court on a Petition of the Board of Professional
Responsibility of the Supreme Court of Tennessee, by and through Disciplinary Counsel,
for the temporary suspension of John Arnold Fitzgerald from the practice of law,
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (2014). The Petition has been authorized by the
Chair of the Board of Professional Responsibility and is supported by the affidavit of
Kevin D. Balkwill, Disciplinary Counsel.
Based upon the Petition and the supporting Affidavit, the Court finds that John
Arnold Fitzgerald has misappropriated funds and poses a threat of substantial harm to the
public as detailed by the affidavit of Disciplinary Counsel.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
1. John Arnold Fitzgerald is hereby temporarily suspended from the practice
of law as provided in Tenn. Sup. Ct. R. 9, § 12.3 (2014).
2. John Arnold Fitzgerald shall comply with Tenn. Sup. Ct. R. 9 in all
respects and particularly as provided in Tenn. Sup. Ct. R. 9, §§ 28 and 30 (2014).
3. John Arnold Fitzgerald, within ten (10) days of the date this Order is
entered, shall provide Disciplinary Counsel with the location and bank account number of
all trust accounts for which he has signatory authority or control. Mr. Fitzgerald shall be
enjoined from making any withdrawals from said trust accounts without the advance
approval of Disciplinary Counsel. This Order shall serve as an injunction on any bank
maintaining a trust account for which John Arnold Fitzgerald has signatory authority or
control.
4. John Arnold Fitzgerald may make application for dissolution or
modification of this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3 (2014).
5. The Board of Professional Responsibility shall cause notice of this
suspension of John Arnold Fitzgerald to be published as required by Tenn. Sup. Ct. R. 9,
§ 28.11.
FOR THE COURT:
C12kLL OCcaL
CORNELIA A. CLARK, JUSTICE