garton-2864-3004.pdf (2020)

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09/10/2020
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JACKIE LYNN GARTON, BPR #016106
An Attorney Licensed to Practice Law in Tennessee
(Dickson County)
_________________________

No. M2020-01162-SC-BAR-BP
BOPR Nos. 2018-2864-6-AW, 2019-3004-6-AW-22.3
_________________________

ORDER OF ENFORCEMENT

This matter is before the Court upon a Petition for Discipline filed against Jackie
Lynn Garton on May 17, 2018; upon a Petition for Final Discipline filed against Mr.
Garton on June 4, 2019; upon the Board’s Motion for Default Judgment and That
Charges in Petition for Discipline Be Deemed Admitted filed August 21, 2018; upon the
Order for Default Judgment entered September 11, 2018; upon the Executive Secretary of
the Board forwarding a copy of the Order for Default Judgment to Mr. Garton on
September 11, 2018; upon the Board’s Supplemental Petition for Discipline against Mr.
Garton filed November 21, 2018; upon the Board’s Motion to Consolidate Docket No.
2019-3004-6-AW-22.3 filed August 30, 2019; upon the Board’s Order to Consolidate
Docket No. 2019-3044-6-AW-22.3 entered September 4, 2019; upon the Board’s Motion
for Default Judgment and That Charges in the Supplemental Petition for Discipline Be
Deemed Admitted filed November 15, 2019; upon the Order for Default Judgment
entered December 4, 2019; upon the Executive Secretary of the Board serving a copy of
the Order for Default Judgment on Mr. Garton on December 4, 2019; upon the Order for
Default Judgment entered February 5, 2020; upon the Executive Secretary of the Board
serving a copy of the Order for Default Judgment on Mr. Garton on February 5, 2020;
upon the Hearing Panel’s Findings of Facts and Conclusions of Law and Order on
Discipline entered April 7, 2020 and the Executive Secretary of the Board serving the
same upon Mr. Garton on April 7, 2020; upon the Board’s Application for Assessment of
Costs filed April 22, 2020; upon Findings and Judgment for Assessment of Costs entered
May 14, 2020 and the Executive Secretary of the Board serving the same on Mr. Garton
on May 14, 2020; upon the Board of Professional Responsibility’s consideration and
approval of the Findings of Facts and Conclusions of Law and Order on Discipline of the
Hearing Panel on April 7, 2020; upon consideration and approval by the Board on June
12, 2020; upon the period for appeal expiring 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 Findings of Fact and Conclusions of Law as the Court’s Order.
On May 29, 2019, Mr. Garton was suspended by this Court pending further orders
of the Court pursuant to Tenn. Sup. Ct. R. 9, § 22.3 (Case No. M2019-00938-SC-BPR-
BP) and has not been granted reinstatement to the practice of law.

IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:

(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.1, Jackie Lynn Garton is permanently
disbarred from the practice of law in Tennessee.

(2) Pursuant to Tenn. Sup. Ct. R. 9, §12.7, Mr. Garton shall be required to
make restitution to the following individuals. In the event restitution is made by
the Tennessee Lawyer’s Fund for Client Protection (“TLFCP”), Mr. Garton will
be responsible for reimbursement to the TLFCP in the same amount:
a. Carina Larkins Trust - $1,199,721.30
b. The Estate of Steven Browne - $41,063.42
c. The Estate of Joe B. Allen - $25,083.56
d. The Estate of Franklin Reynolds - $7,924.84
e. The Trust of Bridget Nicole Smith - $20,706.63
f. Betty Jo Daughtery - $15,415.87
g. Regen Law Firm Trust Account - $55,287.80

(3) The temporary suspension entered in this matter by the Court on May 29,
2019 in M2019-00938-SC-BAR-BP, pursuant to Tenn. Sup. Ct. R. 9, § 22.3 is
hereby dissolved.

(4) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.

(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Garton shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the
amount of $742.35 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.

(6) Mr. Garton shall comply in all aspects with Tenn. Sup. Ct. R. 9, § 28
regarding the obligations and responsibilities of disbarred attorneys.

(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

2

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