Section 4 - The Board of Professional Responsibility of the Supreme Court of Tennessee

As amended through November 4, 2024

4.1. The Court shall appoint a twelve member Board to be known as "The Board of Professional Responsibility of the Supreme Court of Tennessee" (hereinafter the "Board") which shall consist of:

(a) Three resident attorneys admitted to practice in this state and one public (non-attorney) member appointed for an initial term of three years; and

(b) Three resident attorneys admitted to practice in this state and one public member appointed for an initial term of two years; and

(c) Three resident attorneys admitted to practice in this state and one public member appointed for an initial term of one year. Subsequent terms of all members shall be for three years. A member may serve a maximum of any remaining portion of a three-year term created by a vacancy filled by such member, plus two consecutive three-year terms. A member who has served the maximum term shall be eligible for re-appointment after the expiration of three years. Vacancies shall be filled by the Court. There shall be one attorney member from each disciplinary district. There shall be one public member from each of the three grand divisions of the state.

4.2. The Court shall designate one member as Chair of the Board and another member as Vice-Chair.

4.3. Seven members of the Board shall constitute a quorum. Unless otherwise permitted by this Rule, an affirmative vote of seven members of the Board shall be necessary to authorize any action. If time restraints are such that a regular or special meeting of the Board is impractical, Disciplinary Counsel shall circulate to the members of the Board in writing the reasons for the recommendation of a particular action supported by a factual report. Board members may communicate their vote for or against the recommendation by telephone, facsimile, regular mail, or electronic means. Any member of the Board may request that Disciplinary Counsel convene a telephone conference of the Board, whereupon such conference must be convened with at least a quorum so conferring.

4.4. Members shall receive no compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties in accordance with the schedule for judicial reimbursement promulgated by the Administrative Office of the Courts.

4.5. The Board shall exercise the powers conferred upon it by this Rule, including the power:

(a) To consider and investigate any alleged ground for discipline or alleged incapacity of any attorney called to its attention, or upon its own motion, and to take such action with respect thereto as shall be appropriate to effectuate the purposes of this Rule. The Board is authorized to investigate information from a source other than a signed written complaint if the Board deems the information sufficiently credible or verifiable through objective means.

(b) To adopt written internal operating procedures to ensure the efficient and timely resolution of complaints, investigations, and formal proceedings, which operating procedures shall be approved by the Court, and to monitor Disciplinary Counsel's and the hearing panels' continuing compliance with those operating procedures. The Board shall quarterly send to each Member of the Court and shall post on the Board's website a report demonstrating substantial compliance with the operating procedures.

(c) The powers and duties set forth in this Section are not duties owed to or enforceable by a respondent or petitioning attorney by means of claim, or defense, or otherwise.

(d) To review, upon application by Disciplinary Counsel, a determination by the reviewing member of a district committee that a matter should be concluded by dismissal or by private informal admonition without the institution of formal charges.

(e) To privately reprimand, publicly censure or authorize the filing of formal charges against attorneys for misconduct.

(f) To delegate to a committee of its members, or to the Chief Disciplinary Counsel, any administrative, non-adjudicatory function authorized by this Rule.

4.6. A Board member shall not undertake or participate in any adjudicative function when doing so would violate either federal or Tennessee constitutional due process requirements for administrative adjudications. SeeWithrow v. Larkin, 421 U.S. 35 (1975); Moncier v. Board of Professional Responsibility, 406 S.W.3d 139, 2013 WL 2285183 (Tenn. 2013). The procedures set out in Tenn. Sup. Ct. R. 10B are not applicable to motions to disqualify or for recusal in matters under this Rule.