kennedy-2964.pdf (2020)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
01/22/2020
IN RE: JAMES LESTER KENNEDY, BPR #005453
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
_________________________
No. M2020-00060-SC-BAR-BP
BOPR No. 2019-2964-2-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against James
Lester Kennedy on February 15, 2019; upon Motion for Default Judgment and that
Charges in the Petition for Discipline be Deemed Admitted filed May 23, 2019; upon
entry of an Order Granting Default Judgment on June 20, 2019; upon the hearing in this
matter held on July 18, 2019, and the Findings of Fact, Conclusions of Law and
Judgment of the Hearing Panel entered October 8, 2019; upon service of the Findings of
Fact, Conclusions of Law and Judgment upon Mr. Kennedy by the Executive Secretary
of the Board on October 8, 2019; upon the Boardâs Application for Assessment of Costs
filed October 16, 2019; upon the Hearing Panelâs Order Granting the Board of
Professional Responsibilityâs Application for Assessment of Costs on November 1, 2019;
upon service of the Order Granting the Board of Professional Responsibilityâs
Application for Assessment of Costs upon Mr. Kennedy by the Executive Secretary of
the Board on November 1, 2019; upon consideration and approval by the Board on
December 13, 2019; upon expiration of the appeal period with no appeal taken; and upon
the entire record in this cause.
From all of which the Court approves the Hearing Panelâs Findings of Fact,
Conclusions of Law and Judgment and Order Granting the Board of Professional
Responsibilityâs Application for Assessment of Costs and adopts the same as the Courtâs
Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
(1)
James Lester Kennedy is suspended from the practice of law for two (2)
years to be served consecutive to the three (3) year suspension imposed by the Order of
Enforcement (Docket No. M2019-00926-SC-BAR-BP) entered June 5, 2019, pursuant to
Tenn. Sup. Ct. R. 9, § 12.2.
(2)
Prior to seeking reinstatement, Mr. Kennedy must have met 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)
Additionally, Mr. Kennedy shall comply in all aspects with Tenn. Sup. Ct.
R. 9, §§ 28 and 30.4, regarding the obligations and responsibilities of suspended
attorneys and the procedure for reinstatement.
(4)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Kennedy shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $1,354.50 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.
(5)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6)
The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM
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