burkhalter-2705-2-sc-order-of-enforcement.pdf (2018)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
06/19/2018
IN RE: TED AUSTIN BURKHALTER, JR., BPR #020674
An Attorney Licensed to Practice Law in Tennessee
(Blount County)
_________________________
No. M2018-01101-SC-BAR-BP
BOPR No. 2017-2705-2-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Ted
Austin Burkhalter, Jr., on April 20, 2017; upon the Response to Petition for Discipline
filed by Mr. Burkhalter on June 20, 2017; upon entry of a Conditional Guilty Plea filed
by Mr. Burkhalter on April 20, 2018; upon an Order Recommending Approval of
Conditional Guilty Plea entered on April 23, 2018; upon consideration and approval by
the Board on June 8, 2018; and upon the entire record in this cause.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panelâs Order Recommending Approval of Conditional Guilty Plea as the
Courtâs Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
ORDERED,
ADJUDGED
AND
(1)
Ted Austin Burkhalter, Jr., is suspended for three (3) years with one (1)
year to be served as an active suspension, pursuant to Tenn. Sup. Ct. R. 9, § 12.2, and the
remainder to be served on probation, pursuant to Tenn. Sup. Ct. R. 9, § 14.1, subject to
the following conditions of probation:
(a)
Mr. Burkhalter shall contact the Tennessee Lawyers Assistance
Program (TLAP) for evaluation. If TLAP determines that a
monitoring agreement is appropriate, Mr. Burkhalter shall comply
with the terms and conditions of the TLAP monitoring agreement.
Mr. Burkhalter shall give TLAP permission to communicate with the
Board regarding any monitoring agreement. TLAP has been
consulted and accepted involvement in the matter.
(b)
During the period of probation, Mr. Burkhalter shall incur no new
complaints of misconduct that relate to conduct occurring during the
period of probation and which results in the recommendation by the
Board that discipline be imposed.
(2)
In the event Mr. Burkhalter fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3)
Prior to seeking reinstatement, Mr. Burkhalter must meet 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.
(4)
Additionally, Mr. Burkhalter 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.
(5)
Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(6)
Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Burkhalter shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $2,864.57 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.
(7)
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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