del-172476.pdf (2013)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHNATHAN KENNETH BORSODI, BPR #025892
An Attorney Licensed to Practice Law in Tennessee
(Knox County)
No. M2013-02660-SC-BAR-BP
BOPR No. 2013-21 80-2-AW
DEC 10 2013
C161A of !i Lourtt
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against
Johnathan Kenneth Borsodi on January 24, 2013; upon the Board's Motion for Default
Judgment and that Charges in Petition for Discipline be Deemed Admitted filed on April
1, 2013; upon the Hearing Panel's Order Granting Default Judgment and Setting Final
Hearing entered May 20, 2013; upon the Judgment of the Hearing Panel entered July 8,
2013; upon consideration and approval by the Board of Professional Responsibility on
August 12, 2013; upon service of the Judgment on Mr. Borsodi by the Executive
Secretary for the Board of Professional Responsibility on July 8, 2013; upon Tennessee
Lawyers Assistance Program's acceptance of the terms of the Hearing Panel Judgment on
October 3, 2013; upon the expiration of the time for appeal and no appeal taken and upon
the entire record in this cause.
On July 25, 2012, Mr. Borsodi was temporarily suspended by this Court pursuant
to Tenn. Sup. Ct. R. 9, § 4.3 (Case No. M2012-01485-SC-BPR-BP). To date, Mr.
Borsodi has not filed a petition for dissolution.
From all of which the Court approves the Order of the Hearing Panel and adopts
the Judgment of the Hearing Panel as the Court's Order.
It is, therefore, ordered, adjudged and decreed by the Court that:
(1)
Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, Johnathan Kenneth Borsodi is
hereby suspended for three (3) years retroactive to July 25, 2012.
(2)
As a condition precedent to reinstatement, Mr. Borsodi shall make
restitution to his former client, Richard McAfee, in accordance with the judgment entered
by the General Sessions Court for Anderson County. In the event restitution is made by
the Tennessee Lawyer's Fund for Client Protection (TLFCP), Mr. Borsodi shall
reimburse TLFCP in the same amount.
Upon reinstatement of his license to practice law, Mr. Borsodi shall engage
(3)
a practice monitor, approved by the Board, and enter into a Practice Monitoring
Agreement for a period of one (1) year following his reinstatement.
As a further condition precedent to reinstatement, Mr. Borsodi shall submit
(4)
to an evaluation by Tennessee Lawyers Assistance Program (TLAP) and fully comply
with any agreement deemed appropriate by TLAP.
Additionally, Mr. Borsodi shall comply in all aspects with Tenn. Sup. Ct.
(5)
R. 9, § 18 regarding the obligations and responsibilities of suspended attorneys.
The Court further finds that Mr. Borsodi was temporarily suspended by this
(6)
Court pursuant to Tenn. Sup. Ct. R. 9, § 4.3 on July 25, 2012, for failure to respond to the
Board of Professional Responsibility concerning a complaint of misconduct. Said
temporary suspension is hereby dissolved.
Pursuant to Tenn. Sup. Ct. R. 9, § 18.5, this Order shall be effective ten
(7)
(10) days after the date of entry.
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Borsodi shall pay to the Board
(8)
of Professional Responsibility the expenses and costs of this matter in the amount of
$1,478.87 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.
The Board of Professional Responsibility shall cause notice of this
(9)
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10.
FOR THE COURT:
CORNELIA A. CLARK, JUSTICE
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