fitzgerald-2424.pdf (2016)
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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)
FILED
No. M2016-00588-SC-BAR-BP
BOPR No. 2015-2424-3-AW MAR 2016
th
of 28e
ClerkCourts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Arnold Fitzgerald on February 20, 2015; upon Answer to Petition for Discipline filed by
Mr. Fitzgerald on March 20, 2015; upon a Supplemental Petition for Discipline filed
September 25, 2015; upon Mr. Fitzgerald's Answer to Supplemental Petition for
Discipline filed October 15, 2015; upon entry of a Conditional Guilty Plea filed by Mr.
Fitzgerald on February 22, 2016; upon an Order Recommending Approval of Conditional
Guilty Plea entered on February 26, 2016; upon consideration and approval by the Board
on March 11, 2016; and upon the entire record in this cause.
From all of which the Court accepts the recommendation ofthe Hearing Panel and
adopts the Hearing Panel's Order Recommending Approval of Conditional Guilty Plea as
the Court's Order.
On September 10, 2014, Mr. Fitzgerald was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9,§ 12.3 (Case No. M2014-01694-SC-BAR-BP). To date,
Mr. Fitzgerald has not been granted reinstatement from the temporary suspension.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, the law license of John Arnold
Fitzgerald is suspended for four(4) years retroactive to September 10, 2014, the date Mr.
Fitzgerald was temporarily suspended from the practice oflaw.
(2) Prior to seeking reinstatement, Mr. Fitzgerald 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.
(3) Mr. Fitzgerald shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28
and 30.4(2014)regarding the obligations and responsibilities ofsuspended attorneys and
the procedure for reinstatement.
(4) The Order of Temporary Suspension entered on September 10, 2014, in
Case No. M2014-01694-SC-BAR-BP and the corresponding injunction are hereby
dissolved.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d)(2014), Mr. Fitzgerald shall pay
to the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $3,023.13 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 (2014).
PER CURIAM
2