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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FA24: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org
RELEASE OF INFORMATION
RE: MARK CHRISTOPHER SCRUGGS, BPR #010103
CONTACT: A. RUSSELL WILLIS
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
May 25, 2021
DAVIDSON COUNTY LAWYER CENSURED
On May 25, 2021, Mark Christopher Scruggs, an attorney licensed to practice law in Tennessee,
received a Public Censure from Supreme Court of Tennessee conditioned upon payment of fees to the Board of
Professional Responsibility.
Mr. Scruggs was retained by the stepfather of an 11-year-old girl to represent him against criminal
charges alleging rape of the child. The child was the subject of a pending dependency and neglect action arising
from the same events, and the Juvenile Court had removed the child from the home and removed the motherâs
custodial rights. After being informed by the mother that her daughter had recanted statements she previously
made against the stepfather, Mr. Scruggs, without seeking or obtaining permission from the custodian of the
minor child, arranged with the mother for her daughter to be interviewed by a private investigator at his law
office to confirm the recantation. Thereafter, Mr. Scruggs provided the audio recording of the interview to the
Assistant District Attorney and the Guardian Ad Litem who had been appointed by the Juvenile Court.
Tennessee recognizes a witness, under ordinary circumstances, may alone decide by whom to be interviewed.
However, Tennessee also recognizes that the legal custodian of a minor victim has an absolute right to refuse
defense counselâs request to interview the minor victim.
The interview in this matter was not under ordinary circumstances and required Mr. Scruggs to seek and
obtain permission of the court-appointed custodian prior to interviewing the eleven-year-old victim. By
conducting the interview at issue without providing the court- appointed custodian of the child an opportunity to
exercise her legal right to refuse the interview, Mark Christopher Scruggs violated Rules of Professional
Conduct 4.4(a)(1) (respect for the rights of third persons) and 8.4(a) (misconduct) and is hereby publicly
censured for these violations.
A Public Censure is a rebuke and warning to the attorney, but it does not affect the attorneyâs ability to
practice law.
Scruggs 3121-5 rel.doc