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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: PATRICIA DONICE BUTLER, BPR #22706
An Attorney Licensed to Practice Law in Tennessee
(Roane County)
FILED
No. M2014-01312-SC-BAR-BP JUL 2 8 2014
BOPR No. 2012-2117-2-KB
clerk of the Courts
[Recd By
ORDER OF ENFORCEMENT
On July 9, 2014, the Board filed a Petition pursuant to Tennessee Supreme Court
Rule 9, section 8.4, asking this Court to enter an Order of Enforcement incorporating the
Hearing Panel's April 11, 2014 judgment against Patricia Donice Butler. The Board
asserted that entry an Order of Enforcement was appropriate, pursuant to Tennessee
Supreme Court Rule 9, section 8.4, because Ms. Butler had failed to file a petition for
writ of certiorari seeking judicial review within sixty days of the Hearing Panel's
judgment. See Tenn. Sup. Ct. R. 9, § 1.3 (2006) (providing that parties seeking judicial
review must do so "in the manner provided by Tenn. Code Ann. § 27-9-101 et seq.,
except as otherwise provided herein"); Tenn. Code Ann. § 27-9-102 (2000) ("Such party
shall, within sixty (60) days from the entry of the order or judgment, file a petition of
certiorari in the chancery court of any county in which any one (1) or more of the
petitioners, or any one (1) or more of the material defendants reside, or have their
principal office, stating briefly the issues involved in the cause, the substance of the order
or judgment complained of, the respects of which the petitioner claims the order or
judgment is erroneous, and praying for an accordant review.
On July 15, 2014, Ms. Butler filed a Motion asserting that the Board's Petition
should be denied. In support of her Motion, Ms. Butler stated that she had, on July 11,
2014, flied a Petition for Writ of Certiorari with the Chancery Court for Roane County
seeking judicial review of the Hearing Panel's decision. Thus, entry of an Order of
Enforcement pursuant to Rule 9, section 8.4 would be inappropriate, she claimed.
On July 18, 2014, the Board filed a Response arguing that Ms. Butler's Motion
should be denied and its Petition granted because Ms. Butler's July 11, 2014 Petition for
Writ of Certiorari was not filed within sixty days of the Hearing Panel's judgment, as
required by Rule 9, section 1 and by Tennessee Code Annotated section 27-9-102. The
Board further asserted that the Motion to Reconsider Ms. Butler filed with the Hearing
Panel after its judgment was entered did not toll the time for filing a petition for writ of
certiorari. The Board additionally pointed out that Ms. Butler's Motion to Reconsider
was filed more than thirty days after entry of the Hearing Panel's judgment; thus, even
assuming a timely filed post-judgment motion tolls the time for filing a petition for writ
of certiorari, the Board asserted that Ms. Butler's untimely filed Motion to Reconsider
failed to do so. Accordingly, the Board asserted, the Hearing Panel's judgment became
final sixty days after its entry; as a result, this Court should grant the Board's Petition for
an Order of Enforcement against Ms. Butler pursuant to Rule 9, section 8.4, despite the
untimely Petition for Writ of Certiorari Ms. Butler filed with the Chancery Court for
Roane County.
Upon due consideration of the Board's Petition, Ms. Butler's Motion, the Board's
Response, and the record before us, we agree with the Board that Ms. Butler's time for
seeking judicial review expired before she filed the July 11, 2014 Petition for Writ of
Certiorari on which her Motion is based. "The sixty[-]day time limit is jurisdictional, and
the "{f]ailure to file a writ within this period precludes review of such decisions by the
courts." Grisby v. City of Plainview, 194 S.W.3d 408, 412 (Tenn. Ct. App. 2005)
(second alteration in the original). Accordingly, the Board's Petition for Order of
Enforcement is properly before this Court pursuant to Rule 9, section 8.4.
Upon due consideration of the record before this Court, including a Petition for
Discipline filed against Patricia Donice Butler on May 3, 2012; an Answer to Petition,
Motion to Dismiss and Motion to Sever filed by Ms. Butler on May 29, 2012; a Response
to Motion to Dismiss and Motion to Sever filed by the Board on June 11, 2012; a Motion
for Recusal or Disqualification of Each Hearing Panel Member filed by Ms. Butler on
November 15, 2012; a Response to Motion for Recusal of the Panel filed by the Board on
November 20, 2012; an Order Granting Ms. Butler's Motion for Recusal or
Disqualification of Each Hearing Panel Member entered by the Board on November 28,
2012; the appointment of a new Hearing Panel on December 11, 2012; a Motion for
Recusal or Disqualification of Each Hearing Panel Member filed by Ms. Butler on
January 15, 2013; a Response to Motion for Recusal or Disqualification of Each Hearing
Panel Member filed by the Board on January 18, 2013; the Hearing Panel's Order
Denying Ms. Butler's Motions to Dismiss, to Sever, to Recuse, to take the Deposition of
Chairwoman of the Petitioner, and Granting in Part Motion to Compel Discovery on
April 11, 2013; the Hearing Panel's Order Granting the Board's Motion for Protective
Order on April 22, 2013; a Motion to Dismiss for Lack of Jurisdiction filed by Ms. Butler
on May 13, 2013; a Petition for Civil Contempt filed by Ms. Butler on June 5, 2013; a
Response to the Motion to Dismiss and Response to Motion for Civil Contempt filed by
the Board on June 6, 2013; a Motion to Continue and a Motion to Permit Supplemental
Petition for Discipline filed by the Board on July 3, 2013; the Hearing Panel's Order
granting the Board's Motion for Continuance, Motion to Permit Supplemental Petition
for Discipline, and Denying the Motion to Sever on July 11, 2013; a Supplemental
Petition for Discipline filed by the Board on July 12, 2013; an Answer to Supplemental
Petition for Discipline filed by Ms. Butler on August 16, 2013; the final hearing held on
February 10 and 11, 2014; the Judgment of the Hearing Panel filed on April 11, 2014;
service of the Judgment of the Hearing Panel on Ms. Butler by the Executive Secretary of
the Board on April 11, 2014; consideration and approval by the Board on May 20, 2014;
a Motion to Reconsider filed by Ms. Butler on June 4, 2014; a Response to Motion to
Reconsider filed by the Board on June 19, 2014; the Hearing Panel's Order denying the
Motion to Reconsider on June 30, 2014; expiration of the appeal period with no appeal
taken; and upon the entire record in this cause.
From all of which the Court approves 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 (2006), Patricia Donice Butler is
suspended for nine (9) months, with ninety (90) days to be served as active suspension
and the remaining six (6) months to be served on probation pursuant to Tenn. Sup. Ct. R.
9, § 8.5 (2006), subject to the following conditions:
(a) During the first ninety (90) days of active suspension, Ms. Butler is to
complete twelve (12) hours of continuing legal education in topics of either: (1)
ethics; (2) client communication; (3) accepting, declining and terminating
representation; or (4) running a solo practice.
(b) During the period of probation Ms. Butler shall be assigned a practice
monitor as provided for in Tenn. Sup. Ct. R. 9, § 8.5 (2006). Ms. Butler shall
engage a practice monitor at her own expense who shall meet with her on a
monthly basis to review basic office procedures such as scheduling, maintenance
of case deadlines and the use of written communication. The practice monitor
shall send monthly reports of these meetings to the Board. Ms. Butler shall select
three potential practice monitors within thirty (30) days of entry of the Order of
Enforcement and submit the names to Disciplinary Counsel for final approval of a
practice monitor.
(c) Ms. Butler is to confer with the Tennessee Lawyer Assistance Program
(TLAP) for a consultation and shall comply with any recommendations of TLAP.
(2) In the event Ms. Butler fails to meet any condition of probation, the
probation may be revoked pursuant to Tenn. Sup. Ct. R. 9, § 8.5 (2006) and Tenn. Sup.
Ct. R. 9, § 14.2 (2014).
(3) Additionally, Ms. Butler shall comply in all aspects with Tenn. Sup. Ct. R.
9, § 18 (2006) and Tenn. Sup. Ct. R. 9, §30.4 (2014) regarding the obligations and
responsibilities of suspended attorneys and the procedure for reinstatement.
(4) Ms. Butler must meet all CLE requirements and all registration
requirements prior to reinstatement.
(5) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5 (2006), this Order shall be effective
ten (10) days after the date of entry.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3 (2006), Ms. Butler shall pay to the
Board of Professional Responsibility the expenses and costs of this matter in the amount
of $7,019.97 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.
(7) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10 (2006).
FOR THE COURT:
CO\Lt O -
CORNELIA A. CLARK, JUSTICE