petty-32262-3-public-censure.pdf (2009)

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« IN DISCIPLINARY DISTRICT III MU My
OF THE , ._ Essentitre Secretary
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE

IN RE: CARL F,PETTY,BPRNO.14989 FILE NO, 32262-3-PS
Respondent an attorney licensed '
to practice laW'in Tennessee
[Bradley County)

PUBLIC CENSURE

The above complaint was filed against Carl F. Petty, an attorney licensed to practice law

in Tennessee, alleging certain acts ofmisconduct._ Pursuant to Supreme Court Rule 9, the Board

of Professional Responsibility considered these matters at its meeting on December -1 l, 2009.

On June 24, 2009, all of the judges of the Tenth Judicial District entered an order

immediately suspending the Respondent from practice in all of the courts of record in the district.

The most recent appearance of the Respondent before the Infonnant occurred on Iune 11, 2009.

The Respondent’s speech was slow, sluggish, and loud. I When the Informant did not grant the-
rial-“l.-

Respondent’s client the relief she was seeking, the Respondent asked the Informant to recuse

- himself because he had not applied the lavir fairly and impartially to the Respondent’s client. The .

Respondent became upset to such a degree that the Informant did not think that the Respondent

. was sober or in'control of his speech and temperament. The judges of the Tenth District were

concerned that the Respondent’s conduct indicated a pattern of impairment, given his condition

in court on multiple occasions, which included having slurred speech, being loud, and making

internperate cemments to the courts and, counsel. In order to assure the prepei‘ adminisn'ation of .

justice in the courts of the Tenth District, the judges suspended the Respondent from practicing
until he submitted to assessment to determine Whether he suffered from an impairment or

disability and completed any appropriate treatment program. On July 17,- 2009, the judges

entered an order partially lifting the prior order. The judges allowed the Respondent to resume

the practice of law in their courts so long as he complied with the conditions of the Tennessee

‘Lawyers’l Assistance Program and obtained a practice mentor to be present at all'of the

Respondent’scourt appearances in the Tenth District.

The information provided demonstrates that the Respondent has violated Rule of

' Professional Conduct 8.4 by engaging in conduct that is prejudicial to the administration of

justice. The Respondent’s disrespectfiil behavior in the courts of the Tenth Judicial District was

sufficiently detrimental to the administration ofjustice that all of the judges agreed to suspend -

the Respondth from practicing in their courts for almost a month.

By the aforementioned facts, Carl F. Petty, has violated Rule of Professional Conduct 8.4

(misconduct) and is hereby Publicly Censured fortlflizisyi91\a\tion.
If

- FOR THE WARD OF
PROFESSION LRESPONfilBILITY
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iRogér
éydne’ss, Chair

Date
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