del-169811.pdf (2013)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: BRANDON MICHAEL BOOTEN, BPR #25279
An Attorney Licensed to Practice Law in Tennessee
(Rutherford County)
I F IL ED
,
No. M2013-02419-SC-BAR-BP
BOPR No. 201 3-2260-4-A W(4.3)
NOV 2 7 20 1 3
Clerk of : ~ Ie Courts
I) 1 0 * 1
On November 1, 2013, the Court entered an Order of Temporary Suspension
suspending Brandon Michael Booten's license to practice law pursuant to Tenn. Sup. Ct.
R. 9, § 4.3, due to Mr. Booten's failure to respond to requests for information concerning
a complaint of misconduct. On November 7, 2013, Mr. Booten filed a Petition for
Dissolution or Amendment of Order of Temporary Suspension.
On November 18, 2013, a hearing was conducted before a three-member Hearing
Panel of the Board of Professional Responsibility. On November 19, 2013, the Hearing
Panel entered its Report and Recommendation that Ms. Booten's temporary suspension
be dissolved subject to conditions. A copy of the Report and Recommendation is
attached hereto and incorporated by reference.
It is, therefore, ordered, adjudged and decreed by the Court:
The temporary suspension imposed on Brandon Michael Booten by Order
1.
of Temporary Suspension filed November 1, 2013, shall be dissolved.
That on or before the close of business on Friday, November 22, 2013, Mr.
2.
Booten shall comply with Tenn. Sup. Ct. R. 9, § 19 and provide evidence to disciplinary
counsel of said compliance.
That Mr. Booten shall continue consultation with the Tennessee Lawyers
3.
Assistance Program (TLAP) and adhere to any recommendations of TLAP, including, but
not limited to, any assessments, formal monitoring agreements and/or recommended
contracts. The reinstatement of Mr. Booten should further be conditioned on Mr. Booten
providing to disciplinary counsel a copy of any and all assessments and/or monitoring
agreements and further providing to TLAP a copy of any and all Orders of
Reinstatement, Dissolution, or Amendment.
Mr. Booten shall reimburse and pay to the Board of Professional
4.
Responsibility the costs and expenses incurred herein in the amount of $628.88, within
ninety (90) days, 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.
IT IS SO ORDERED.
FOR THE COURT:
0. Ca-
CORNELIA A. CLARK, JUSTICE
FL.E
rN TIM SUPREME COURT OF TENNESSEE
AT NASHViLLE
21)13 NOV 19 All 9 59
EP0NsiwLIT
IN RE:
BUANDON MICHAEL BOOTEN,
l025279
an Attorney Licensed to Practice Law in
Tennessee (Rutherford County)
)
)
)
)
)
NO, BPR.2013-2260-4-AW (43)
REPORT and RECOMMENDATION
TI-118 CAUSE came to be heard on tbe 18th day of November 2013, before e Hearing
Panel consisting of members J Russell Parkes, Susan MoQaimon and Toby Gil1ey, This cause
caine before this Hearing Panel pursuant to Rule 9 § 4,3, The Hearing Panel heard evidence
relative to the Petitioner, Brandon Booten's Petition for Dissolution of Temporary Suspension,
At the telephonic homing of this matter, the Flearing Panel was presented with the
following record:
1.
Supreme Court Order of Temporary Suspension, ifiod 11/01/2013.
2.
Petition for Dissolution or Amendment of Order of Temporary Suspension,
executed. 11/07/2013.
3,
Supreme Court Order flied 11/15/2013.
4,
Appointment of Hearing Panel, flied 11/15/2013,
5.
Notice of Appointment Hearing Panel, filed 11/15/2013,
6.
Notice of Telephonic Hearing, filed 11/15/2013.
As a part of the Petition for Dissolution or Amendment the Hearing Panel further
considered the Affidavit of Brandon Michael }3ooten and the attachments associated therewith.
The Hearing Panel first inquired as to the position of the Board of Professional
Responsibility Attorney, Russ Willis, on behalf of the board indicated that the Board had no
opposition to i3ooten'a reinstatement conditioned on eertin matters including the Respondent,
ooten's continued oortstiltatlon with and actherenoe to the recommendations of the Tennessee
Lawyers Assistance Program. iiie Respondent Booten also announced no opposition to
contin-Ldug consultation with MAY including any necessary assessment and/or The entering into,
if any, contract or monitoring agreement, The Hearing Panel made Inquiry regarding the
Respondent's compliance with Rule 9 Section 18,1 and 18-8. The Respondent, Booten indicated
that while he was "working on compliance" there had not been compliance within the ten (10)
days as provided. in Rule 18 and as mandated by the Supreme Court's Order filed November 1
2013.
It is the finding of this Hearing Panel as confirmed by disciplinary counsel, that the
Respondent, Booten has now answered all complaints which are the genesis of the Respondent's
Rule 4.3 suspension.
RECOMMENDATION
It is The unanimous recommendation of this Hearing Panel that the temporary s'u8pension
thoiild be dissolved conditioned on the following
1.
That on or before the close of business Friday, November 22, 2013, the
Respondent, Booten comply with Rule 9, Section 18 of the Rules of the Tennessee Supreme
Court and provide evidence to disciplinary counsel of said compliance.
2.
That the Respondent, Booten continue consultation with the Tennessee Lawyers
Assistance Program and adhere to any recommendations of the Tennessee Lawyers Assistance
Program, including but not limited to any assessments, formal monitoring agreements and/or
recommended contracts.
The reinstatement of the Respondent, r3ooten should further be
2
conclidoned on the Respondent Booteti providing to disoipI1na'y counsel a copy of any and all
assessimnts arLdlor monitoring agreements and further providing to the Tennessee Lawyers
Assistance Program a copy of any and all Orders e t
' tion, or Amendment.
J RseI1 Pieces
ring Panel Chair
Susan Mcan ii
Hearing Panel Member
Waey#
Rearing Panel Member
3
(..
(
CERTIFICATE
The undersigned. hereby certifies that a true and exact copy of the foi-egoing document has beii
served upon the following parties In interest herein by delivering same by United States Mail,
with sufficient postage thereon to carry the same to its destination:
Mr. Russ Willis
10 Cadillac Drive, Suite 220
Brentwood, TN 37027
Lg
Michael Brandon Booten
P. 0. Box 23092
Murfreesboro TN 37133
Date:
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Je-SMI PARKBS
4