kennedy-2906.pdf (2019)
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06/05/2019
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JAMES LESTER KENNEDY, BPR #005453
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
_________________________
No. M2019-00926-SC-BAR-BP
BOPR No. 2018-2906-2-AW
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline against James
Lester Kennedy, filed August 27, 2018; upon the Boardâs Motion for Default
Judgment and that Charges in Petition for Discipline Be Deemed Admitted filed
December 11, 2018; upon the Hearing Panelâs Order Granting Default Judgment
entered on December 28, 2018; upon the hearing conducted on February 1, 2019;
upon the Hearing Panelâs Findings of Fact, Conclusions of Law and Judgment
entered on February 25, 2019; upon service of the Findings of Fact, Conclusions
of Law and Judgment by the Executive Secretary of the Board on February 26,
2019; upon the Boardâs Application for Assessment of Costs on February 26,
2019; upon the Hearing Panelâs entry of its Findings and Judgment on Costs on
March 19, 2019; upon consideration and approval by the Board on March 8, 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 recommendation of the Hearing
Panel and adopts the Hearing Panelâs Findings of Fact, Conclusions of Law and
Judgment suspending Mr. Kennedy for three (3) years.
On July 20, 2017, Mr. Kennedy was suspended from the practice of law for
one (1) year in case number M2017-01460-SC-BAR-BP. Mr. Kennedy has neither
requested nor been granted reinstatement to the practice of law.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) James Lester Kennedy is suspended from the practice of law for
three (3) years, 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) 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 $511.66 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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