castleman-1932.pdf (2011)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN WILBURN CASTLEMAN, JR, BPR #23551
An Attorney Licensed to Practice Law in Tennessee
(Wayne County)
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BOPR No. 2010â1932-6~CM L " 5 20H
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Clark olâ the Court.
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline ï¬led by Disciplinaryw
Counsel against Respondent, John Wilburn Castleman, in, on May 14, .2010; upon an
Answer filed by the Board of Professional Responsibility on November 3, 2010; upon the
entering of a Conditional Guilty Plea by the Respondent on May 12, 2011; upon the
Order Recommending Approval of Conditional Guilty Plea by a Hearing Panel on May
17, 2011; upon the Board of Professional Responsibilityâs approval of the Conditional
Guilty Plea on June 10, 2011; and upon the entire record in this cause.
From all of which the Court approves the recommendation of the Hearing Panel
and accepts the Conditional Guilty Plea.
By Order entered December 14, 2009 (M2009H02533âSC-BPR~BP), Respondent .
was temporarily suspended pursuant to Supreme Court Rule 9, Section 4.3, for failing to
respond to one (1) of the disciplinary complaints incorporated into this Petition for
Discipline. '
It is, therefore, ORDERED, ADJUDGED and DEGREE!) by the Court,
1. The Respondent, John Wilburn Castlcman, Jr, shall be suspended for one
(1) year retroactive to December 14, 2009, pursuant to Supreme Court Rule 9, Section
4.2.
2. That the Respondentâs temporary suspension, ordered on December 14,
2009, is hereby dissolved.
3. The Hearing Panel recommended that the Respondent submit to an
evaluation by the Tennessee Lawyerâs Assistance Program (TLAP), and, if a Monitoring
Agreement is entered with TLAP, shall have the Board listed as a reporting agency. Prior
to the entry of this Order, the Respondent entered into 21 Monitoring Agreement with
TLAP listing the Board as a reporting agency.
4. The Respondent shall pay restitution to Nicholas Burns in the amount of
$800.00, and to Mr. and Mrs. David Floyd in the amount of $400.00, pursuant to S. Ct.
Rule 9, §4.7. - Full payment of these amounts is a condition for reinstatement.
5. Pursuant to Supreme Court Rule 9, Section 24.3, the Respondent shall pay
to the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $321.67 and in addition, shall pay to the Clerk of this Court the costs incurred
herein, within ninety (90) days item the entry of this order, for all of which execution
may issue if necessary.
6. That the Respondent shall comply in all aspects with Rule 9, Section 18 of
the Rules of the Supreme Court regarding the obligations and responsibilities of
suspended attorneys.
7. The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Supreme Court Rule 9, Section 18.10.
FOR THE COURT:
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CORNELIA A. CLARK
CHIEF JUSTICE
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