rose-2502-4-and-2543-4-sc-order.pdf (2017)

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01/11/2017

IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: WALTER ALAN ROSE, BPR #28903
An Attorney Licensed to Practice Law in Tennessee
(Rutherford County)
______________________________

No. M2016-01311-SC-BAR-BP
BOPR No. 2015-2502-4-AW(22.3)
BOPR No. 2016-2543-4-AW
_______________________________

ORDER OF ENFORCEMENT

This matter is before the Court upon the Order of Enforcement entered by this
Court on October 30, 2015, summarily suspending Walter Alan Rose pursuant to Tenn.
Sup. Ct. R. 9, § 22.3; upon a Petition for Final Discipline (Docket No. 2015-2502-4-
AW(22.3)) filed November 9, 2015; upon a Petition for Discipline (Docket No. 2016-
2543-4-AW) filed February 8, 2016; upon the Scheduling Order entered by the Hearing
Panel on April 29, 2016, consolidating both Petitions; upon a Conditional Guilty Plea
submitted by Mr. Rose on May 6, 2016; upon an Order Recommending Approval of
Conditional Guilty Plea entered by the Hearing Panel on May 10, 2016; upon approval of
Conditional Guilty Plea by the Board of Professional Responsibility on June 10, 2016;
upon the Order entered by this Court on July 13, 2016, rejecting the Conditional Guilty
Plea; upon a Conditional Guilty Plea submitted by Mr. Rose on October 10, 2016; upon
an Order Recommending Approval of the Conditional Guilty Plea entered by the Hearing
Panel on October 24, 2016; upon approval of the Board of Professional Responsibility on
December 9, 2016; and upon the entire record in this cause.

From all of which the Court accepts the recommendation of the Hearing Panel and
adopts the Hearing Panel’s Order Recommending Approval of Conditional Guilty Plea as
the Court’s Order.

IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:

(1) Pursuant to Tenn. Sup. Ct. R. 9, § 12.2, the law license of Walter Alan Rose
is suspended for three (3) years, retroactive to October 30, 2015.

(2) Mr. Rose shall contact Tennessee Lawyers Assistance Program (TLAP)
within five (5) business days of the entry of the Order of Enforcement for evaluation and
comply with any recommended monitoring agreement.
(3) Reinstatement to the practice of law is conditioned upon Mr. Rose
satisfying all Continuing Legal Education requirements; remitting all outstanding
registration fees and outstanding professional privilege taxes, including those due from
the date of this suspension until the date of reinstatement; remitting all court costs and
Board costs in this matter and successful completion of any monitoring agreement
recommended by TLAP.

(4) Mr. Rose 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. Rose agrees to reimburse the
Board of Professional Responsibility the costs and expenses of this proceeding in the
amount of $426.59 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.

(7) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1, this Order shall be effective upon
entry.

PER CURIAM

CORNELIA A. CLARK, J., not participating

2

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