Bd. of Prof'l Responsibility of The Tenn. Supreme Court v. Cawood
| Decision Date | 09 March 2010 |
| Docket Number | 2010.,2010 Session.Dec. 20,May 5 |
| Parties | BOARD OF PROFESSIONAL RESPONSIBILITY OF the TENNESSEE SUPREME COURTv.F. Chris CAWOOD. |
| Court | Tennessee Supreme Court |
330 S.W.3d 608
BOARD OF PROFESSIONAL RESPONSIBILITY OF the TENNESSEE SUPREME COURT
v.
F. Chris CAWOOD.
May 5
2010 Session.Dec. 20
2010.
Supreme Court of Tennessee, at Knoxville.
Direct Appeal from the Chancery Court for Roane County, No. 16301; Jon Kerry Blackwood, Senior Judge.Sandy Garrett for the appellant, Board of Professional Responsibility.F. Chris Cawood, Kingston, Tennessee, pro se.Allan F. Ramsaur, Gail Vaughn Ashworth, and William L. Harbison, Nashville, Tennessee, and Brian S. Faughnan, Memphis, Tennessee, for the amicus curiae, Tennessee Bar Association.
Disciplinary Counsel of the Board of Professional Responsibility filed a petition for discipline against attorney F. Chris Cawood for alleged violations of Rules of Professional Conduct. After Disciplinary Counsel's presentation of evidence, the Hearing Panel dismissed the petition. The Board of Professional Responsibility appealed to the chancery court, which affirmed the Hearing Panel's dismissal. The Board appealed the decision of the chancery court to this Court. We hold that the Board of Professional Responsibility's petition for certiorari failed to meet the requirements of Tennessee Code Annotated section 27–8–106 and that the chancery court therefore lacked jurisdiction to hear the appeal.
On March 26, 2007, Disciplinary Counsel of the Board of Professional Responsibility (“Disciplinary Counsel”) filed a petition for discipline with the Board of Professional Responsibility (“the Board”) against attorney F. Chris Cawood. A Hearing Panel of the Board (“the Panel”) heard testimony on the matter on December 8, 2008. After hearing testimony, the Panel dismissed Disciplinary Counsel's petition for discipline.
On January 20, 2009, the Board sought a review of the Panel's judgment in the Roane County Chancery Court pursuant to section 1.3 of Tennessee Supreme Court Rule 9. On August 31, 2009, the chancery court found the evidence sufficient to support the Panel's findings and affirmed the Panel's dismissal of the petition for discipline. The Board filed a notice of appeal to this Court on September 23, 2009.
In both the chancery court and this Court, Mr. Cawood contended that the chancery court lacked jurisdiction to hear the appeal from the Panel because the Panel's petition for certiorari failed to meet the...
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Moncier v. Bd. of Prof'l Responsibility
...subject matter jurisdiction upon a trial court unless the petition is “supported by oath or affirmation.” Bd. of Prof'l Responsibility v. Cawood, 330 S.W.3d 608, 609 (Tenn.2010). We dismissed the Board's appeal in Cawood because the petition for writ of certiorari the Board filed in the tri......
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Moncier v. Jones, 3:11–CV–301.
...his new hearing before the hearing panel was pending, the Tennessee Supreme Court decided Board of Professional Responsibility of the Tennessee Supreme Court v. Cawood, 330 S.W.3d 608 (Tenn.2010), which plaintiff contends “changed the routine and customary practice for obtaining judicial re......
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Moncier v. Jones
...his new hearing before the hearing panel was pending, the Tennessee Supreme Court decided Board of Professional Responsibility of the Tennessee Supreme Court v. Cawood, 330 S.W.3d 608 (Tenn. 2010), which plaintiff contends "changed the routine and customary practice for obtaining judicial r......
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Talley v. Bd. of Prof'l Responsibility
...§ 1.3 “must be supported by oath or affirmation and state that it is the first application for the writ.” Board of Prof'l Responsibility v. Cawood, 330 S.W.3d 608, 609 (Tenn.2010).4 We also held that “a court lacks subject matter jurisdiction over a statutory petition for certiorari that is......