Walter Ray Culp, III v. Board of Professional Responsibility for the Supreme Court of Tennessee
407 S.W.3d 201
Tenn.2013Background
- Culp, licensed 1996, was federally charged with extortion and mail fraud for attempting to extort AIM Healthcare and to manipulate witness testimony.
- He pled guilty to attempted extortion and served 19 months in prison; Court suspended him for five years from practicing law.
- Board filed discipline; a hearing panel suspended five years; Culp did not appeal the disciplinary judgment initially.
- Culp petitioned for reinstatement in 2011; Panel denied, citing lack of clear and convincing proof of moral qualifications, learning in law, and fitness.
- Trial court affirmed; the court and Panel emphasized credibility concerns and the egregious nature of the crime in undermining integrity of the bar.
- This Court affirms the trial court, denying reinstatement based on the record and applicable Rule 9 standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Culp proves moral qualifications by clear and convincing evidence | Culp argues he has matured and shown remorse and fitness. | Board argues credibility issues and insufficient specificity about underlying crime undermine moral qualifications. | Denied; burden not met; credibility and specificity lacking. |
| Whether Culp proves competency and learning in the law by clear and convincing evidence | Culp asserts continued legal learning and readiness to practice law. | Board finds witnesses insufficient to establish current competency and learning beyond his own testimony. | Denied; insufficient proof of current competency and learning. |
| Whether reinstatement would not be detrimental to the integrity of the bar or administration of justice | Reinstatement would not harm public trust and would enable service to clients. | Crime involved coercion of witness testimony in a civil case; egregious conduct undermines justice. | Denied; egregious conduct and credibility concerns undermine integrity and public interest. |
| Standard of review and appellate deference | Review should grant reinstatement if evidence supports moral qualifications and fitness. | Panel findings deserve deference; standard requires substantial and material evidence. | Affirmed; panel and trial court findings sustained under Rule 9, § 1.3 and 19.3. |
Key Cases Cited
- Milligan v. Bd. of Prof’l Responsibility, 301 S.W.3d 619 (Tenn. 2009) (credibility and interaction with witnesses required for moral qualifications)
- Hughes v. Bd. of Prof’l Responsibility, 259 S.W.3d 631 (Tenn. 2008) (ultimate duty to protect integrity; disbarment for egregious conduct)
- Murphy v. Bd. of Prof’l Responsibility, 924 S.W.2d 643 (Tenn. 1996) (discounted totally conclusory rehabilitation testimony)
- Doe v. Bd. of Prof’l Responsibility, 104 S.W.3d 465 (Tenn. 2003) (role of credibility and professional responsibility standards)
- In re Reinstatement of Anderson, 51 P.3d 581 (Okla. 2002) (felony conviction not per se disqualifier; redemption possible)
- Stewart v. Miss. Bar, 5 So. 3d 344 (Miss. 2008) (egregious misconduct harming bar's reputation; reinstatement denied)
