William Caldwell Hancock v. Board of Professional Responsibility of the Supreme Court of Tennessee - Concur

Case Number
M2012-02596-SC-R3-BP

I concur in the lead opinion’s conclusions that (1) Mr. Hancock violated Tennessee Supreme Court Rule 8, RPC 3.5(b); (2) the disciplinary authority of this Court is not preempted by the Federal Rules of Bankruptcy Procedure; (3) discipline imposed pursuant to Tennessee Supreme Court Rule 8, RPC 8.2 requires that the false statement about a judicial or legal official be communicated to a third party; and (4) the chancery court erred by modifying the judgment of the hearing panel to include violations of Rules of Professional Conduct 3.2, 3.4(c), 8.4(a), and 8.4(d). I disagree, however, with the conclusion that Mr. Hancock violated Tennessee Supreme Court Rule 8, RPC 3.5(e), and the imposition of a thirty-day suspension. Because I cannot find a basis to suspend Mr. Hancock for his offensive misbehavior, I would hold that a public reprimand is the appropriate sanction in this case.

Authoring Judge
Chief Justice Gary R. Wade
Originating Judge
Special Judge Donald P. Harris
Case Name
William Caldwell Hancock v. Board of Professional Responsibility of the Supreme Court of Tennessee - Concur
Date Filed
Dissent or Concur
No
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