Knoxville, Tennessee , United States - 12-12-2022 (PR Distribution™) -
Tennessee lawyer Elliott J. Schuchardt has filed court papers accusing the Tennessee Board of Professional Responsibility of refusing to investigate its own lawyers.
According to Schuchardt's pleadings, Sandy Garrett, the chief lawyer at the Tennessee Board of Professional Responsibility, is using her employment with the State to harass Tennessee lawyers, in violation of the First Amendment.
Schuchardt contends that Garrett and her associate, Andrew Campbell, have filed dozens of meritless allegations, in violation of Tennessee state law. He also contends that Garrett and Campbell are using their regulatory authority over Tennessee-licensed attorneys, to cause those attorneys to materially change their testimony, in favor of Garrett and Campbell.
Schuchardt has filed an affidavit in federal court contending that the Board of Professional Responsibility is intentionally refusing to investigate these allegations of misconduct.
According to the affidavit, Schuchardt has filed four complaints against Garrett and members of her staff, alleging abuse of civil process and fabrication of evidence. According to court rules, at least four members of the Board are required to review these allegations. This has not happened.
Schuchardt contends that Garrett's colleagues on the Board are refusing to comply with Tennessee law, and are refusing to investigate the complaints. Instead of investigating the complaints, the Chairman of the Board -- attorney Floyd Flippin -- is simply dismissing the complaints. However, under Tennessee law, Flippin does not have authority to do so.
Schuchardt alleges in his pleadings that Garrett is using conflicts of interest in the present system to knowingly violate the law. A majority of the persons on the Board of Professional Responsibility are lawyers subject to Garrett's review and regulation. Schuchardt contends that these lawyers have an interest in approving Garrett's unlawful conduct, in order to protect their own licenses to practice law.
Schuchardt is asking the court to find the current system unlawful, and to require that non-lawyers make up a majority of the persons on the Board. Tennessee adopted a similar system for the regulation of state judges in 2019.
Schuchardt is a 1993 graduate of Columbia Law School. Schuchardt has spent much of the last ten years engaging in civil liberties work in the courts. In 2015, he obtained an injunction that helped keep Sweet Briar College open. Schuchardt has also sued the federal government, alleging unlawful collection of e-mail.
The case is filed in the U.S. District Court for the Middle District of Tennessee, in Nashville.
Company Name: Elliott J. Schuchardt
Full Name: Elliott J. Schuchardt
Phone: (865) 304-4374
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