hershberger-2381-9-order-of-enforcement.pdf (2017)
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02/07/2017
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN ROBERT HERSHBERGER, BPR #21519
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
_________________________
No. M2017-00239-SC-BAR-BP
BOPR No. 2014-2381-9-WM
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Robert Hershberger on October 9, 2014; upon an Amended Petition for Discipline filed
on November 5, 2014; upon an Answer and Affirmative Defenses of Respondent filed by
Mr. Hershberger on September 10, 2015; upon a hearing on November 5, 2015; upon the
Hearing Panelâs Findings of Fact, Conclusions of Law and Judgment entered December
17, 2015; upon service of the Findings of Fact, Conclusions of Law and Judgment on Mr.
Hershberger by the Executive Secretary of the Board on December 19, 2015; upon
consideration and approval by the Board on January 4, 2016; upon a Petition for Writ of
Certiorari filed by Mr. Hershberger on February 16, 2016; upon the Boardâs Answer to
Petition for Writ of Certiorari filed on April 21, 2016; upon the Order of the Chancery
Court of Shelby County affirming the Hearing Panelâs Findings of Fact, Conclusions of
Law and Judgment entered December 20, 2016; and upon the entire record in this cause.1
From all of which the Court approves the Judgment of the Hearing Panel and
adopts the Hearing Panelâs Judgment Recommending a Public Censure as the Courtâs
Order.
IT IS, THEREFORE, CONSIDERED,
DECREED BY THE COURT THAT:
(1)
censured.
1
ORDERED,
ADJUDGED
AND
Pursuant to Tenn. Sup. Ct. R. 9, § 4.4, John Robert Hershberger is publicly
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.
(2)
Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Hershberger shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $3,923.89 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.
(3)
The Board of Professional Responsibility shall cause notice of this
discipline to be published.
PER CURIAM
HOLLY KIRBY, J., not participating
2