Section 14 - Probation

As amended through July 2, 2024
Section 14 - Probation
14.1. Probation. In the discretion of the hearing panel, panel or a reviewing court, the imposition of a suspension for a fixed period (Section 12.2 ) may be deferred in conjunction with a fixed period of probation. The conditions of probation shall be stated in writing in the judgment of the hearing panel, panel or court. Probation shall be used only in cases where there is little likelihood that the respondent attorney will harm the public during the period of rehabilitation and where the conditions of probation can be adequately supervised. Subject to Section 36.1(d), the hearing panel, panel or reviewing court may require the respondent attorney to enter into a monitoring agreement with the Tennessee Lawyer Assistance Program requiring mandatory reporting to Disciplinary Counsel. The hearing panel, panel or reviewing court may require as a condition of probation the assignment of a practice monitor for the purposes and pursuant to the procedures set forth in Section 12.9 and the completion of a practice and professionalism enhancement program. The respondent attorney shall pay the costs associated with probation, including but not limited to a reasonable fee to the practice monitor.
14.2. In the event the respondent attorney violates or otherwise fails to meet any condition of probation, Disciplinary Counsel is authorized to file a petition to revoke probation. Upon the filing of such a petition, the respondent attorney shall have the opportunity to appear and be heard before a panel. A record of such hearing shall be made in the same manner as for a disciplinary hearing under Section 15.2. The only issue in such a proceeding is whether probation is to be revoked; the original judgment imposing the fixed period of probation may not be reconsidered. Upon finding that revocation of probation is warranted, the panel shall order that the respondent attorney serve the previously deferred period of suspension. As an alternative to revocation, the panel may impose additional conditions on probation, including the requirement of a practice monitor to be appointed in accordance with the procedures set forth in Section 12.9. Having conducted such a hearing, the panel shall file an order within thirty days; this order must include the basis for the panel's decision. There shall be no petition for rehearing. An order reflecting the decision shall be treated as a decree of the circuit or chancery court and, as such, is appealable to the Court under Section 33.
14.3. Probation shall terminate upon the expiration of the fixed period of probation, unless the conditions of probation have been violated or have not been met. Probation may be terminated earlier by the tribunal (hearing panel or court) which imposed the period of probation upon the filing of a motion and an affidavit or declaration under penalty of perjury by the respondent attorney showing compliance with all the conditions of probation and an affidavit or declaration under penalty of perjury by the practice monitor, if one is designated, stating that probation is no longer necessary and summarizing the basis for that statement. Disciplinary Counsel shall file a response to any such motion to terminate probation. The tribunal may conduct whatever hearings are necessary to decide the motion to terminate probation. There shall be no petition for rehearing. The tribunal's ruling on the motion may be appealed pursuant to Section 33.