Lufkin v. Board of Professional Responsibility
336 S.W.3d 223
Tenn.2011Background
- Lufkin was placed on disability inactive status in 1999 and later reinstated to active status in 2006.
- In 2006 the Board sought temporary suspension; the Court granted suspension and later disciplinary proceedings were filed.
- In 2009 the Board Hearing Panel recommended a two-year suspension, two-year continuing legal education, and supervision upon reinstatement.
- In August 2009 the Supreme Court entered an Order of Enforcement and assessed costs of the suspension proceedings totaling $11,277.88 under Rule 9, Section 24.3.
- Lufkin petitioned for relief from costs; in March 2010 the Panel reduced the costs by $2,554, leaving $8,723.88 due as a condition to reinstatement.
- Lufkin filed this Court appeal in April 2010; he subsequently filed a Chapter 7 bankruptcy petition in September 2010, and discharged on December 10, 2010, which discharged the disciplinary costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cost assessment was discharged in bankruptcy | Lufkin argues the costs are discharged | Board contends costs remain owed unless discharged | Yes; costs were discharged and the appeal is moot |
| Whether any mootness exceptions apply | Discretionary exceptions might avoid mootness | No applicable exceptions present | No exceptional circumstances present; case is moot |
Key Cases Cited
- Norma Faye Pyles Lynch Family Purpose LLC v. Putnam Cnty., 301 S.W.3d 196 (Tenn.2009) (mootness principles and when a case becomes non-justiciable)
- State ex rel. DeSelm v. Jordan, 296 S.W.3d 530 (Tenn.Ct.App.2009) (mootness and transactional/pending issues)
- Clay v. Ford Motor Co., 984 S.W.2d 615 (Tenn.Ct.App.1998) (personal bankruptcy discharge abrogates certain judgments)
