Sunday, May 26, 2013

Tennessee Disciplinary System Survives Legal Challenges

The web page of the Tennessee Supreme Court has this report on a decision from last Friday:

The Tennessee Supreme Court ruled today that Knoxville attorney Herbert S. Moncier must pay the costs incurred prosecuting the disciplinary proceeding that resulted in his one-year suspension from the practice of law in Tennessee.

On June 1, 2011, the Supreme Court assessed costs totaling $22,038.32 against Mr. Moncier. Afterward, Mr. Moncier petitioned for relief from costs, arguing that the disciplinary proceedings resulting in his suspension were unfair and unconstitutional.

A three-member panel of the Tennessee Board of Professional Responsibility (BPR) refused to grant him relief from costs. Mr. Moncier appealed to the Supreme Court, again arguing that he should not be required to pay costs because the disciplinary proceedings that resulted in his suspension were unfair and unconstitutional. Mr. Moncier also argued that the members of the BPR panel assigned to hear his petition for relief from costs were biased against him.

The Supreme Court addressed and rejected Mr. Moncier’s arguments and affirmed the BPR panel’s decision denying him relief from costs. Among other things, the Court concluded that Tennessee’s attorney-disciplinary procedure is consistent with the due process requirements of the Tennessee and United States constitutions and that disqualification standards applicable to judges do not apply to members of the Board of Professional Responsibility.

The court rejected the claim that the proceedings were flawed because the officials had not taken an oath to uphold the U.S. and Tennessee Constitutions.

The Nashville Post had this story on the attorney 's civil suit in response to the bar prosecution. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/05/the-web-page-of-the-tennessee-supreme-court-has-this-report-from-last-friday-the-tennessee-supreme-court-ruled-today-that-k.html

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