smith-2375-7-sc-order.pdf (2014)
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: MARSHALL SCOTT SMITH, BPR #9257
An Attorney Licensed to Practice Law in Tennesse
(Madison County)
FILED
No. M2014-01909âSC~BAR-BP we0â â :7 2014
-
BOPRNo.metal-Ilea-ES-il â90.0, 55k or the 00mg
2014â2375~7-1<:H(273
ORDER
On September 29, 2014, Marshall Scott Smith ï¬led with the Court a Notice of
Disability alleging a disability which renders him incapable of practicing law and
prevents him from defending himself against a disciplinary complaint, pursuant to Tenn.
Sup. Ct. R. 9, § 27.4 (2014). On September 30, 2014, the Board of Professional
Responsibility ï¬led a response, asserting that Mr. Smithâs Notice of Disability did not
adequately support a determination that Mr. Smith is incapable of practicing law or
defending himself against a disciplinary complaint and requesting that the Court take
such action as it deems necessary to determine Mr. Smithâs capacity to continue to
practice law and to defend himself. On October 1, 2014, the Board of Professional
Responsibility ï¬led a Petition for Temporary Suspension (No. M2014~01915-SC-BAR~
BP) ordering Mr. Smithâs suspension, pursuant to Tenn. Sup. Ct. R. 9, § 12.3 (2014).
This Court has also reviewed Mr. Smithâs amendment to his Notice of Disability ï¬led
October 6, 2014.
Having carefully considered this matter, the Court Orders that Marshall Scott
Smith is immediately transferred to disability inactive status for an indeï¬nite period and
until further order of this Court and refers this matter to a hearing panel for a formal
hearing to determine Mr. Smithâs capacity to continue to practice law and to respond to
or defend against the complaint, pursuant to Tenn. Sup. Ct. R. 9, § 27.401) (2014). In
such proceeding, the burden of proof shall rest upon Mr. Smith and shall be by a
preponderance of the evidence.
PER CURIAM