cody-2339.pdf (2016)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: HOMER L. CODY,BPR #10755
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
FILED
Clerk of
JULâth7e Courts2016
No. M2016-01318-SC-BAR-BP
BOPR No. 2014-2339-9-WM
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon an Amended Petition for Discipline filed
against Homer L. Cody on September 11, 2014; upon the Answer to Petition for
Discipline â Amended filed by Mr. Cody on October 6, 2014; upon the Findings of Fact,
Conclusions of Law and Judgment entered on April 2, 2015; upon service of the Findings
of Fact, Conclusions of Law and Judgment on Mr. Cody by the Executive Secretary of
the Board on April 2, 2015; upon consideration and approval by the Board on April 13,
2015; upon a Petition for Writ of Certiorari to the Shelby County Circuit Court filed by
Mr. Cody on May 28, 2015; upon the Order of the Circuit Court entered on December 18,
2015, affirming the Findings of Fact, Conclusions of Law and Judgement; upon the
Notice of Appeal to the Supreme Court filed by Mr. Cody on January 15, 2016; upon the
Order dismissing the appeal entered on June 21, 2016; and upon the entire record in this
cause.
From all of which the Court approves the Order of the Circuit Court for Shelby
County affirming the Findings of Fact, Conclusions of Law and Judgment of the Hearing
Panel and adopts the Hearing Panel's Judgment recommending a one-year suspension.
On July 27, 2015, Mr. Cody was suspended by this Court for 180 days pursuant to
Tenn. Sup. Ct. R. 9, § 4.2 (2006)(Case No. M2014-02003-SC-R3-BP). To date, Mr.
Cody has not requested, nor been granted, reinstatement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
'Because this matter was initiated before the Board prior to January 1, 2014, it is governed by Tenn. Sup. Ct. R.9(2006)
except as otherwise noted.
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2 (2006), Homer L. Cody is suspended
for one(1) year.
(2) Additionally, Mr. Cody shall comply in all aspects with Tenn. Sup. Ct. R.
9, §§ 18 (2006) and 30.4 (2014) regarding the obligations and responsibilities of
suspended attorneys and the procedure for reinstatement. Prior to seeking reinstatement,
Mr. Cody must meet all CLE requirements and pay any outstanding registration fees
including those due from the date of suspension/disbarment until the date of
reinstatement.
(3) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5 (2006), this Order shall be effective
ten(10) days after the date of entry.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006), Mr. Cody shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $4,398.43 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.
(5) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10 (2006).
PER CURIAM
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