Smith v. Board of Professional Responsibility

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The Supreme Court reversed the ruling of the chancery court reversing the decision of a hearing panel denying Attorney’s petition to be reinstated to the practice of law in Tennessee following his disbarment and ordering Attorney reinstated, holding that the chancery court misapplied the applicable standard of review. In 2007, Attorney pleaded guilty to federal charges of receipt and possession of images depicting child pornography. In 2008, Attorney consented to his disbarment. In 2014, after he was discharged from prison and while on probation, Attorney petitioned to be reinstated to the practice of law. The Board of Professional Responsibility opposed the petition. The Supreme Court held that substantial and material proof supported the panel’s conclusion that Attorney had failed to prove by clear and convincing evidence his moral qualifications for reinstatement, and that the chancery court impermissibly reweighed the evidence in the record before it. View "Smith v. Board of Professional Responsibility" on Justia Law