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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: HARRY MAX SPEIGHT,BPR #007455
An Attorney Licensed to Practice Law in Tennessee FILED
(Weakley County)
SEP 26 2016
Clerk of the Courts
No. M2014-02391-SC-BAR-BP Rec'd By
BOPR Nos. 2007-1670-8-SG, 2010-1928-8-SG (14)
ORDER
By Order of Enforcement entered August 14, 2008, Harry Max Speight was
disbarred from the practice of law. On November 2, 2011, this Court entered another
Order of Enforcement which disbarred Mr. Speight from the practice of law a second
time.
On December 2, 2014, the Board of Professional Responsibility ("BPR") filed a
Petition for Contempt, alleging that "Mr. Speight has failed to comply with the Supreme
Court's Orders of Disbarment, and continues to practice law."
By Order entered May 7, 2015, this Court appointed Jonathan Steen to serve as
Special Master; directed the Special Master to serve Mr. Speight, pursuant to Tennessee
Rule of Criminal Procedure 42, with a notice of criminal-contempt hearing; instructed the
Special Master to conduct an evidentiary hearing on the Petition; and directed the Special
Master, upon completion of the hearing, to transmit the record of the proceedings and a
report of his findings of fact and conclusions of law to this Court.
The Hearing before the Special Master occurred on October 23, 2015, and on July
21, 2016, the Special Master filed the record of the proceedings and a report of his
findings of fact and conclusions of law with this Court. The Special Master concluded
that the evidence established "beyond a reasonable doubt that Mr. Speight engaged in an
act of criminal contempt of the Court's disbarment order." However, the Special Master
recommended that Mr. Speight be given "a minimum punishment with no confinement"
in light of "the circumstances surrounding Mr. Speight's misunderstanding of the law
applicable to licensed attorneys whose license is in a disbarred status, his ready admission
of the underlying facts in this matter, and his full disclosure to the person who retained
his services that he was not allowed to practice law."
This Court filed an order on August 23, 2016, requiring Mr. Speight to respond to
the Special Master's report and show cause why this Court should not enter judgment
holding him in contempt of this Court's August 14, 2008 and November 2, 2011 Orders
of Enforcement. The Court also ordered the BPR to respond to the Special Master's
report.
Upon our review of the transcript of the hearing and the report filed by the Special
Master in this matter, as well as the responses to the Special Master's report filed by Mr.
Speight and the BPR, we adopt the findings of fact and conclusions of law of the Special
Master. Therefore, we hold Mr. Speight in criminal contempt of this Court's August 14,
2008 and November 2, 2011 Orders of Enforcement. Accordingly, pursuant to
Tennessee Code Annotated section 29-9-103, we hereby impose a fine of fifty dollars
($50.00) on Mr. Speight. All costs of this matter are taxed to Mr. Speight, for which
execution may issue if necessary.
PER CURIAM
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