The changes were made after consultation with professional organizations and had been in the works for more than two years. Rule 9 has been completely rewritten and in a nutshell the principal changes to the rule governing attorney discipline in Tennessee are as follows:
- Any reinstatement from attorney suspensions, administrative and disciplinary matters will now require an order from the Supreme Court, while a separate reinstatement fee would be required for reinstatement from an administrative suspension.
- Comprehensive guidelines have been provided for the appointment of a receiver attorney in matters where a practicing attorney becomes unable to continue practice.
- Practice monitors assigned to oversee public discipline of attorneys have had their duties spelt out with clarity, and the procedure for selecting practice monitors has been revamped.
- New clarifications have been added for the assessment of costs of disciplinary proceedings imposed on an attorney who has been the subject of discipline.
- Confidentiality of documents related to disciplinary proceedings has been further clarified.
- Other important clarifications include defining the selection process of board members and recusal standards for board members. Recusal standards for disciplinary hearing panel members have also been clarified in the new Rule 9.
In the process of revising Rule 9 over the past two years, the Tennessee Supreme Court has also adopted a new section authorizing the Court to suspend the law license of any attorney who is determined by the Tennessee Student Assistance Corporation, pursuant to Tennessee Comprehensive Rules and Regulations, to be delinquent or in default on a repayment or service obligation under any student loan covered by that Chapter.
