baker-3097-order-of-enforcement-2-6-2023.pdf (2023)
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02/06/2023
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MELISSA ANN BAKER, BPR #035018
An Attorney Licensed to Practice Law in Tennessee
(Williamson County)
________________________________
No. M2022-00159-SC-BAR-BP
BOPR No. 2020-3097-6-AJ
________________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Melissa
Ann Baker on May 22, 2020; upon Ms. Bakerâs Response to Petition for Discipline filed
on August 7, 2020; upon a Supplemental Petition for Discipline filed on March 25, 2021;
upon a Motion for Default Judgment and that the Allegations Contained in Supplemental
Petition for Discipline be Deemed Admitted filed on July 23, 2021; upon Respondentâs
Motion for Relief From Failure to File a Timely Answer and Respondentâs Response in
Opposition to Motion for Default Judgment, and Memorandum of Law, filed on August
11, 2021; upon a Response to Supplemental Petition for Discipline and upon an Amended
Response to Petition for Discipline filed on August 11, 2021; upon the Boardâs Motion for
Partial Summary Judgment Pursuant to Tenn. R. Civ. P. 56.03 filed on September 9, 2021;
upon Board of Professional Responsibilityâs Memorandum in Support of Motion for Partial
Summary Judgment Pursuant to Tenn. R. Civ. P. 56.03 filed on September 9, 2021; upon
Board of Professional Responsibilityâs Statement of Undisputed Material Facts filed on
September 9, 2021; upon a Conditional Guilty Plea filed by Ms. Baker on November 18,
2021; upon Order Recommending Approval of Conditional Guilty Plea filed by the
Hearing Panel on November 29, 2021; upon service of the Order Recommending Approval
of Conditional Guilty Plea upon Ms. Baker by the Executive Secretary of the Board on
November 30, 2021; upon consideration and approval by the Board on December 10, 2021;
upon the Tennessee Supreme Court Order of Enforcement filed February 15, 2022,
rejecting Respondent Bakerâs Conditional Guilty Plea; upon Order Granting Petitionerâs
Motion for Partial Summary Judgment and Motion for Default Judgment entered May 12,
2022; upon trial of this matter on September 14, 2022; upon Judgment of the Hearing Panel
entered September 19, 2022; and upon the entire record in this cause.
From all of which the Court approves the Judgment of the Hearing Panel and adopts
the Hearing Panelâs Judgment as the Courtâs Order.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
BY THE COURT THAT:
(1) Melissa Ann Baker is suspended from the practice of law pursuant to Tenn.
Sup. Ct. R. 9, § 12.2 for three (3) years, with one (1) year active suspension, and
probationary suspension of two (2) additional years following active suspension
conditioned upon (a) the engagement of a practice monitor and (b) consultation with the
Tennessee Lawyers Assistance Program (TLAP).
(2) The conditions relating to the probationary portion of the suspension shall
be satisfied in the following manner:
(a) Ms. Baker, at her cost, if any, and prior to seeking reinstatement, shall
engage the services of a practice monitor for the probationary period, who
shall be selected and approved in accordance with Tenn. Sup. Ct. R. 9,
§ 12.9(c). The practice monitor shall meet with Ms. Baker every two
weeks for the first six (6) months and monthly thereafter, and assess Ms.
Bakerâs caseload, case management, timeliness of performing tasks, and
adequacy of communication with clients. To the extent the practice
monitor has concerns, the practice monitor shall make suggestions or
recommendations to Respondent to alleviate such concerns and to help
ensure prudent law office management and practice procedures. The
practice monitor shall provide a monthly written report of Ms. Bakerâs
progress to Disciplinary Counsel and advise Disciplinary Counsel if he
or she believes additional monitoring is needed at the end of Ms. Bakerâs
probation.
(b) Ms. Baker, prior to seeking reinstatement, shall meet with the Tennessee
Lawyers Assistance Program (TLAP) and follow any and all
recommendations of TLAP. Further, Ms. Baker shall execute an
appropriate release to provide TLAP permission to communicate with the
Board regarding any monitoring agreement.
(3) In addition, during the period of active suspension and probation, Ms. Baker
shall incur no new complaints of misconduct that relate to conduct occurring during the
period of suspension and probation and which result in the recommendation by the Board
that discipline be imposed.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Ms. Baker shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$3,755.00 (which includes the $100.00 Supreme Court filing fee) prior to reinstatement
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from the active portion of suspension. All such costs and expenses awarded herein shall be
paid within ninety (90) days of the entry of this Order for which execution, if necessary,
may issue.
(5) Prior to seeking reinstatement, Ms. Baker 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.
(6) Additionally, Ms. Baker 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.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(8) 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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