dempsey-2899-7-sc-order.pdf (2018)
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08/16/2018
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: BENJAMIN S. DEMPSEY, BPR #009041
An Attorney Licensed to Practice Law in Tennessee
(Carroll County)
______________________
No. M2018-01482-SC-BAR-BP
BOPR No. 2018-2899-7-KH-12.3
______________________
ORDER OF TEMPORARY SUSPENSION
This matter is before the Court on a Petition of the Board of Professional
Responsibility of the Supreme Court of Tennessee, by and through Disciplinary Counsel,
for the temporary suspension of Benjamin S. Dempsey from the practice of law, pursuant
to Tenn. Sup. Ct. R. 9, § 12.3. The Petition has been authorized by the Chair of the Board
of Professional Responsibility and is supported by attached copies of the Order and
Memorandum Opinion of the United States Bankruptcy Court, Western District of
Tennessee, Eastern Division, and the Affidavit of Kevin Balkwill, Disciplinary Counsel.
Based upon the Petition and the supporting attachments, the Court finds that
Benjamin S. Dempsey has misappropriated funds and poses a threat of substantial harm
to the public.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
1. Benjamin S. Dempsey is hereby temporarily suspended from the practice of
law as provided in Tenn. Sup. Ct. R. 9, § 12.3.
2. Benjamin S. Dempsey shall comply with Tenn. Sup. Ct. R. 9 in all respects
and particularly as provided in Tenn. Sup. Ct. R. 9, § 28, regarding the responsibilities of
suspended attorneys.
3. Benjamin S. Dempsey may make application for dissolution or
modification of this Order as provided in Tenn. Sup. Ct. R. 9, § 12.3.
4. This Order shall serve as an injunction to any bank maintaining an account
against which Mr. Dempsey may make withdrawals prohibiting the bank from making
further payment from such accounts on any obligation except in accordance with
restrictions imposed by the Court. See Tenn. Sup. Ct. R. 9, § 12.3(b).
5. The Board of Professional Responsibility shall cause notice of this
suspension of Benjamin S. Dempsey to be published as required by Tenn. Sup. Ct. R. 9, §
28.11.
PER CURIAM