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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: WESLEY LYNN HATMAKER,BPR #14880
An Attorney Licensed to Practice Law in Tennessee
(Campbell County)
FILED
OCT 3 2016
No. M2016-01992-SC-BAR-BP
BOPR No. 2015-2490-2-WM
Clerk of the Courts
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against Wesley
Lynn Hatmaker on September 17, 2015; upon Answer to Petition for Discipline filed by
Mr. Hatmaker on October 29, 2015; upon an Amended Petition for Discipline filed on
November 3, 2015; upon a Supplemental Petition for Discipline filed on March 30, 2016;
upon a Motion for Default Judgment and that Charges in Petition for Discipline Be
Deemed Admitted filed by the Board on May 31, 2016; upon entry of an Order for
Default Judgment on June 13, 2016; upon a hearing on June 21, 2016; upon the Findings
of Fact, Conclusions of Law and Judgment entered on July 5, 2016; upon service of the
Findings of Fact, Conclusions of Law and Judgment upon Mr. Hatmaker by the
Executive Secretary of the Board on July 6, 2016; upon the Board of Professional
Responsibility's Application for Assessment of Costs filed on July 7, 2016; upon the
Findings and Judgment for Assessment of Costs entered on July 25, 2016; upon service
of the Findings and Judgment for Assessment of Costs upon Mr. Hatmaker by the
Executive Secretary of the Board on July 25, 2016; upon consideration and approval by
the Board on September 9, 2016; 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 Order of the Hearing Panel and adopts
the Hearing Panel's Judgment recommending a disbarment.
On January 29, 2016, Mr. Hatmaker was temporarily suspended by this Court
pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (Case No. M2016-00191-SC-BAR-BP). To date,
Mr. Hatmaker has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Mr. Hatmaker is disbarred, pursuant to Tenn. Sup. Ct. R. 9,§ 12.1.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7, and as a condition precedent to any
reinstatement, Mr. Hatmaker shall make restitution to the following individuals and shall
furnish to the Board of Professional Responsibility proof of restitution. In the event
restitution is made by the Tennessee Lawyer's Fund for Client Protection (TLFCP), Mr.
Hatmaker shall reimburse TLFCP in the same amount:
(a) Blankenship Estate - $59,438.22
(b) Faile Estate - $20,731.82
(c) Coffey Estate - $50,000.00
(3) Prior to seeking reinstatement, Mr. Hatmaker must meet all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this disbarment until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Mr. Hatmaker shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28
regarding the obligations and responsibilities of disbarred attorneys.
(5) Mr. Hatmaker shall comply in all aspects with Tenn. Sup. Ct. R. 9, §
30.4(d) regarding the procedure for reinstatement.
(6) Further, the Order of Temporary Suspension entered on January 29, 2016,
in Case No. M2016-00191-SC-BAR-BP, is hereby dissolved.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
(8) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Hatmaker shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
within
of $1,578.79, and shall pay to the Clerk of this Court the costs incurred herein,
if
ninety (90) days of the entry of this Order, for all of which execution may issue
necessary.
(9) 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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