In re Sneed

302 S.W.3d 825, 2010 Tenn. LEXIS 434
CourtTennessee Supreme Court
DecidedJanuary 26, 2010
StatusPublished
Cited by39 cases

This text of 302 S.W.3d 825 (In re Sneed) 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
In re Sneed, 302 S.W.3d 825, 2010 Tenn. LEXIS 434 (Tenn. 2010).

Opinion

ORDER

By Order of Enforcement entered by this Court on February 24, 2009, Michael H. Sneed was suspended from the practice of law for a period of eighteen months. This matter is before the Court upon a Petition for Order of Criminal Contempt filed on June 25, 2009, and a Supplemental Petition for Order of Criminal Contempt filed on July 24, 2009, against Mr. Sneed by the Board of Professional Responsibility of the Supreme Court of Tennessee (“Board”). The Petition and Supplemental Petition filed by the Board allege that Mr. Sneed willfully violated this Court’s February 24, 2009 order because he failed to cease practicing law and failed to notify his [826]*826clients, co-counsel, and opposing lawyers, of his suspension as required by Tennessee Supreme Court Rule 9, section 18.1. The Board further claimed that Mr. Sneed failed to withdraw from his pending cases as required by section 18.6, continued to practice law after the effective date of his suspension in violation of section 18.5, continued to accept new clients in violation of section 18.7, failed to remove indicia of being a lawyer as required by section 18.7, and failed to file an affidavit with the Board demonstrating compliance with the ethical rules applicable to suspended lawyers as required by section 18.8.

This Court appointed Barbara J. Moss to serve as Special Master, directed the Special Master to serve Mr. Sneed with notice of a criminal contempt hearing, instructed the Special Master to conduct an evidentiary hearing on the Board’s petitions, and directed the Special Master, upon completion of the hearing, to transmit the record of the proceedings and a report of findings of fact and conclusions of law to this Court.

A Show Cause Order and Amended Show Cause Order were properly served. The hearing before the Special Master occurred on September 28, 2009, and on November 18, 2009, the Special Master filed with this Court a report of her findings of fact and conclusions of law. The Special Master concluded that the evidence proved beyond a reasonable doubt that Mr. Sneed willfully committed multiple acts of criminal contempt by continuing to practice law and holding himself out to the public and to the courts as a licensed attorney. See Tenn.Code Ann. § 29-9-102(3) (2000).1 Specifically, the Special Master found that Mr. Sneed committed fifty separate acts of criminal contempt arising out of his failure to comply with the notice requirements imposed upon suspended lawyers, his failure to withdraw from pending cases, his undertaking of new cases, his failure to remove all indicia that he was licensed, and his making misrepresentations to courts concerning the status of his law license. The Special Master was “especially concerned” that Mr. Sneed “took money from vulnerable people promising legal services that he could not deliver.” The Special Master concluded that, given Mr. Sneed’s “repeated and egregious conduct,” he should be sentenced to the maximum permitted by Tennessee Code Annotated section 29-9-103 (2000) which, in this case, is a fine of $2,500 and 500 days imprisonment.

Following the filing of the Special Master’s report, this Court ordered Mr. Sneed to appear before this Court on January 5, 2010, and show cause why he should not be found in contempt of this Court’s February 24, 2009 order of enforcement and sentenced in accordance with the Special Master’s report. Disciplinary Counsel was likewise ordered to appear and present argument on behalf of the Board. Mr. Sneed filed a brief and the parties appeared before this Court on January 5, 2010, in the Supreme Court Building in Knoxville and presented their respective arguments.

Prior to oral argument, the Board filed a Motion to Strike the Brief of Michael H. Sneed on the grounds that the matters addressed therein were irrelevant to the issues currently before the Court and that it failed to comply with the instructions set [827]*827forth in the Court’s December 1, 2009 order. Although the Court is inclined to agree with the Board’s recitation, having the brief remain in the record is the best way to evidence its deficiencies. Therefore, the Motion to Strike the Brief of Michael H. Sneed is denied.

Having carefully considered the arguments of the parties and the entire record, this Court hereby accepts the Special Master’s findings of fact and conclusions of law as outlined in detail in the report filed in this Court on November 18, 2009. The report, with attachments, is accepted and made part of this Order as Appendix A. In accepting the Special Master’s report, we find that all of the procedural requirements of Tennessee Rule of Criminal Procedure 42 have been satisfied. Mr. Sneed makes no argument to the contrary, either in this Court or in the proceeding below. Moreover, we observe that Mr. Sneed has not challenged any of the factual findings contained in the Special Master’s report, including the sufficiency of the evidence or the number of counts of contempt. Indeed, at oral argument, Mr. Sneed readily acknowledged that he knowingly (and therefore willfully) committed all the acts found by the Special Master. He challenges the finding of willfulness only because he contends that the Court’s February 24, 2009 Order is invalid, notwithstanding this Court’s previous review and rejections of that claim. This Court has nonetheless reviewed the record and finds that it fully supports the Special Master’s findings of fact and conclusions of law as to the willfulness of each of the fifty counts of contempt alleged. Mr. Sneed is guilty of each of the alleged counts of contempt.

Having found Mr. Sneed guilty of fifty counts of contempt, we must determine his punishment. As we have noted:

The power to punish for contempt has long been regarded as essential to the protection and existence of the courts and the proper administration of justice. At common law, the contempt power was broad and undefined. Concerned about the potential abuse of this power, the Tennessee General Assembly, like its counterparts in other states, enacted statutes to define and limit the courts’ power to punish for contempt. As a result, the courts’ contempt power is now purely statutory.
Tenn.Code Ann. § 16-1-103 (1994) currently provides that “[f]or the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code.” To give effect to this power, Tenn.Code Ann. §§ 29-9-101 to -108 (2000) further define the scope of the contempt power and the punishment and remedies for contemptuous acts. Of particular relevance to this case, Tenn.Code Ann. § 29-9-102(3) specifically empowers the courts to use their contempt powers in circumstances involving “[t]he willful disobedience or resistance of any officer of the such courts ... to any lawful writ, process, order, rule, decree, or command of such courts.” This provision enables the courts to maintain the integrity of their orders.

Konvalinka v. Chattanooga-Hamilton County Hosp. Auth., 249 S.W.3d 346, 354 (Tenn.2008) (citations and footnotes omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Tennessee v. Lerico Sullivan
Court of Criminal Appeals of Tennessee, 2026
Kenneth Dale Carter v. Jessica Jones Fay
Court of Appeals of Tennessee, 2024
Lisa Ann Welch v. William Mark Welch
Court of Appeals of Tennessee, 2024
Emily Ruth Hughes v. Lucas Hughes
Court of Appeals of Tennessee, 2024
State of Tennessee v. Quinton Devon Perry
Tennessee Supreme Court, 2022
Nasser Luby Saleh v. Lystacha G. Pratt
Court of Appeals of Tennessee, 2022
Corey L. Choate v. Amanda Kay Choate (Ralston)
Court of Appeals of Tennessee, 2021
Louise Ann Mawn v. Gregg Thomas Tarquinio
Court of Appeals of Tennessee, 2020
State of Tennessee v. Larry Allen Stumbo
Court of Criminal Appeals of Tennessee, 2018
Kisha Dean Trezevant v. Stanley H. Trezevant, III
568 S.W.3d 595 (Court of Appeals of Tennessee, 2018)
Lisa E. Burris v. James Morton Burris
512 S.W.3d 239 (Court of Appeals of Tennessee, 2016)
State of Tennessee v. Joshua R. Starner and Caitlyn Metz
Court of Criminal Appeals of Tennessee, 2016
State of Tennessee v. Dondrinkus T. Dickerson
Court of Criminal Appeals of Tennessee, 2016
State of Tennessee v. Aurelio Garcia Sanchez
Court of Criminal Appeals of Tennessee, 2015
In re: A.J.
Court of Appeals of Tennessee, 2015
Maria Beth Reynolds v. William Reynolds
Court of Appeals of Tennessee, 2014
Kathryn A. Duke v. Harold W. Duke, III
Court of Appeals of Tennessee, 2014

Cite This Page — Counsel Stack

Bluebook (online)
302 S.W.3d 825, 2010 Tenn. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sneed-tenn-2010.