Dennis J. Hughes v. Board of Professional Responsibility of the Supreme Court of Tennessee

259 S.W.3d 631, 2008 Tenn. LEXIS 497, 2008 WL 2687436
CourtTennessee Supreme Court
DecidedJuly 10, 2008
DocketM2007-01562-SC-R3-BP
StatusPublished
Cited by60 cases

This text of 259 S.W.3d 631 (Dennis J. Hughes v. Board of Professional Responsibility of the Supreme Court of Tennessee) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dennis J. Hughes v. Board of Professional Responsibility of the Supreme Court of Tennessee, 259 S.W.3d 631, 2008 Tenn. LEXIS 497, 2008 WL 2687436 (Tenn. 2008).

Opinions

OPINION

GARY R. WADE, J.,

delivered the opinion of the court,

in which WILLIAM M. BARKER, C.J., and CORNELIA A. CLARK and WILLIAM C. KOCH, JR., JJ., joined. JANICE M. HOLDER, J., concurring and dissenting.

This is a direct appeal from a judgment of the trial court, which set aside a decision by a hearing panel designated by the Board of Professional Responsibility granting a disbarred attorney’s petition for reinstatement of his law license. The issue presented is whether the attorney, who was convicted of bribing a witness and conspiracy to bribe a witness in a criminal trial, has met the criteria for immediate reinstatement to the practice of law. Although the panel properly determined that the evidence clearly and convincingly proved the moral qualifications of the attorney and his knowledge of state law, we hold that the evidence failed to so meet the threshold as to the third requirement— that reinstatement would not be detrimental to the standing of the bar, the administration of justice, and the interest of the public. The judgment of the trial court is, therefore, affirmed.

Factual and Procedural Background

Dennis J. Hughes, the appellant, was licensed to practice law in Tennessee in 1987. In early 1995, while acting as defense counsel for Wayford Demonbreun, Jr., on a first degree murder charge, Hughes and Demonbreun’s girlfriend, Suvonnya Lakeisha Smith, offered money to an eyewitness to the murder, Rhonda Williamson, in an effort to persuade her to recant her prior testimony during a preliminary hearing. In 1997, Hughes was convicted in Davidson County of bribery, a Class C felony, and conspiracy to commit bribery, a Class D felony, in violation of Tennessee Code Annotated sections 39-16-107 (2006) and 39-12-103 (2006).1 The criminal court ordered concurrent sentences of four and one-half years and three years, respectively, and imposed fines totaling $15,000. On December 28, 1998, the Court of Criminal Appeals affirmed the convictions and sentence. State v. Hughes, M1997-00084-CCA-R3-CD, 1999 WL 1257882 (Tenn.Crim.App. Dee.28, 1999). On May 22, 2000, we entered an order denying an application for permission to appeal.2 On December 28, 2001, Hughes was released after serving two years in the county workhouse.

[634]*634On June 24, 1997, immediately after the convictions and pursuant to section 14 of Supreme Court Rule 9, Hughes was summarily suspended from the practice of law. Later, the Board of Professional Responsibility (“BPR”) filed a petition for final discipline. Pursuant to section 15 of Supreme Court Rule 9, Hughes filed an affidavit consenting to disbarment. On March 30, 2004, we entered an order of enforcement prohibiting Hughes from the practice of law effective the date of his summary suspension.

Reinstatement Proceedings

In October of 2004, seven and one-half years after his suspension from the practice of law, Hughes filed this petition for reinstatement. In 2006, a three-member panel (“Panel”) appointed by the BPR heard the evidence.3 See Tenn. Sup.Ct. R. 9, § 8.2 (2007). In addition to the issues directly leading to Hughes being disbarred, the parties stipulated as fact that Hughes, forty-two years old when he was licensed to practice law and sixty-one at the time of the hearing, had been the subject of other disciplinary proceedings. For example, on July 1, 1991, the BPR filed a petition for discipline against Hughes arising out of four complaints of misconduct; he ultimately entered guilty pleas to the charges in exchange for a public censure.4 In April of 1994, Hughes was indicted by the Criminal Court of Davidson County for assault, disorderly conduct, and resisting arrest arising out of a May 26, 1993, night court incident; thereafter, he was granted pre-trial diversion on the assault charge pursuant to Tennessee Code Annotated section 40-15-105 (Supp.1995) (amended Supp.2007). At the same time, the disorderly conduct and resisting arrest counts were dismissed.5 On November 13, 1996, the BPR filed a petition for discipline against Hughes arising out of complaints of misconduct related.6 In December of 1997, shortly after his convictions, Hughes was suspended from the practice of law for failure to comply with continuing legal education requirements. Finally, on January 27, 1998, the BPR filed a Supplemental Petition for Discipline against Hughes arising out of six complaints of misconduct.7

[635]*635At the hearing, Hughes, who acknowledged a previous history of problems related to his use of alcohol, testified that he last consumed alcohol on August 15, 1997. He then described his dramatic religious conversion in 1998 and his extensive efforts toward rehabilitation. Fifteen other witnesses, including distinguished judges and attorneys, also testified in support of Hughes’ reinstatement. These witnesses included Ben H. Cantrell, attorney and former Judge of the Court of Appeals from 1980 until 2003; David Raybin, former Chairman of the Tennessee Supreme Court Commission on the Rules of Criminal Procedure and current member of the Tennessee Supreme Court Advisory Commission on the Rules of Practice and Procedure; Ed Yarbrough, former President of the Nashville Bar Association and criminal defense attorney who also represented Hughes at trial; Hamilton Gayden, Circuit Judge in Davidson County; Stephen Young, attorney and past President of Tennessee Association of Criminal Defense Lawyers; Edward T. Kindall, school board vice-chair, attorney in Davidson County for twenty-eight years, and member of the Tennessee Commission on Continuing Legal Education and Specialization; Aaron Holt, Judge of the Davidson County General Sessions Court, Division XI, for eight years; John P. Brown, Judge of the General Sessions Court, Davidson County, for twenty-four years; Ross Alderman, former trial lawyer and current Public Defender for Davidson County; Andrei Lee, Administrative Law Judge, State of Tennessee Department of Administration and State Board of Equalization; and Carol Crews, court officer for thirty years, twenty-four of which had been with the Davidson County General Sessions Court. More than sixty individuals, representing a broad cross-section of the public, submitted letters in support of Hughes’ petition for reinstatement.8

Judge Cantrell was asked why he was supporting Hughes reinstatement:

I believe a person who has paid their debt to society and has turned their life around and intends to lead a new life is entitled to a second chance.... [A]fter Dennis got out of prisonf,] ... he came to see me in my office. He was very, very contrite. I think since we had been friends and I had introduced him to the supreme court, Dennis thought that he [636]*636had disappointed me which he had. He wanted to make sure that he made amends for that, and he convinced me that he realized that he brought all of that calamity on himself and was determined to lead a new life, that he was not ever going to let that happen again.

It was his opinion that Hughes had been fully rehabilitated and that readmission to the bar, under his unique circumstances, would have no adverse effect upon the integrity of the bar, the administration of justice, or the public interest.

Raybin testified favorably to Hughes’ knowledge of the law and his rehabilitated moral character.

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Bluebook (online)
259 S.W.3d 631, 2008 Tenn. LEXIS 497, 2008 WL 2687436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-j-hughes-v-board-of-professional-responsibility-of-the-supreme-tenn-2008.