huston-3340-order-of-enforcement.pdf (2024)
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01/14/2025
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: JOHN EDWARD HUTSON, BPR NO. 034751
An Attorney Licensed to Practice Law in Tennessee
(White County)
______________________________
No. M2024-01122-SC-BAR-BP
BOPR No. 2023-3340-4-DB
______________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against John
Edward Hutson (âMr. Hutsonâ) on July 19, 2023; upon Response to Petition for Discipline
filed by Mr. Hutson on August 30, 2023; upon Conditional Guilty Plea filed by Mr. Hutson
on April 18, 2024; upon entry of the Order Recommending Approval of Conditional Guilty
Plea on April 23, 2024; upon consideration and approval by the Board on June 14, 2024;
upon the Supreme Courtâs rejection of the Conditional Guilty Plea on August 15, 2024;
upon Mr. Hutsonâs Second Conditional Guilty Plea submitted on December 11, 2024; upon
the Hearing Panelâs Order Recommending Approval of Second Conditional Guilty Plea on
December 12, 2024; upon the Board of Professional Responsibilityâs (âthe Boardâ)
approval of the Second Conditional Guilty Plea on December 13, 2024; and upon the entire
record in this cause.
From all of which, the Court approves the Order Recommending Approval of the
Second Conditional Guilty Plea.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
(1) Mr. Hutson is suspended from the practice of law for two (2) years pursuant
to Tenn. Sup. Ct. R. 9, § 12.2, with six (6) months served as an active suspension, and the
remainder served on probation, pursuant to Tenn. Sup. Ct. R. 9, § 14.1. The grant of
probation is subject to the following conditions:
(a) Mr. Hutson shall contact the Tennessee Lawyers Assistance Program (âTLAPâ)
for evaluation and cooperate fully with TLAP to complete the evaluation
process in a timely manner. In the event TLAP determines a monitoring
agreement is appropriate, Mr. Hutson shall immediately execute said
monitoring agreement and thereafter comply with the terms and conditions of
the TLAP monitoring agreement. Pursuant to Tenn. Sup. Ct. R. 9, § 36.1, TLAP
shall timely notify the Board of any failure by Mr. Hutson to establish contact
with TLAP, cooperate with the evaluation process, execute any recommended
monitoring agreement; or substantially comply with the terms and conditions of
any executed monitoring agreement. Mr. Hutson shall execute the appropriate
releases to allow TLAP to communicate with the Board regarding any
monitoring agreement.
(b) Mr. Hutson, at his cost, if any, for the first six (6) months following
reinstatement, shall engage the services of a Practice Monitor, who shall be
selected and approved in accordance with Tenn. Sup. Ct. R. 9, § 12.9(c). The
Practice Monitor shall meet with Mr. Hutson monthly and assess Mr. Hutsonâs
caseload, case management, timeliness of performing tasks, adequacy of
communication with clients and accounting procedures. The Practice Monitor
shall provide a monthly written report of Mr. Hutsonâs progress to the
Tennessee Board of Professional Responsibility.
(2) In the event Mr. Hutson fails to meet or maintain any condition of probation,
the probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 14.2.
(3) Prior to seeking reinstatement, Mr. Hutson must have met all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this suspension until the date of
reinstatement; and have remitted all court costs and Board costs in this matter. In addition,
Mr. Hutson shall be in substantial compliance with the terms and conditions of this Order.
(4) Mr. Hutson shall comply in all aspects with Tenn. Sup. Ct. R. 9, §§ 28 and
30.4, regarding the obligations and responsibilities of suspended attorneys and the
procedure for reinstatement.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d), Mr. Hutson shall pay to the Board
of Professional Responsibility the expenses and costs incurred to date by the Board in this
matter in the amount of $1,105.00, which includes $100.00 for the cost of filing this matter,
and pay this filing fee to the Board, and shall pay to the Clerk of this Court the court costs
incurred herein. All costs, fees, and expenses awarded or assessed herein shall be paid
within ninety (90) days of the entry of this Order for which execution, if necessary, may
issue.
(6) The Board of Professional Responsibility shall cause notice of this discipline
to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
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(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.
PER CURIAM
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