Convictions Draw Disbarment

The Tennessee Supreme Court has disbarred an attorney

In this case, an attorney appeals the recommended sanction of disbarment after three criminal convictions. The attorney was convicted by a jury of two counts of subornation of aggravated perjury and one count of criminal simulation, all Class E felony offenses and serious crimes under Tennessee Supreme Court Rule 9, section 22. All three criminal convictions arose out of the attorney’s conduct in representing a client. In the ensuing disciplinary proceedings, a Board of Professional Responsibility hearing panel recommended disbarment. The attorney appealed the hearing panel’s decision to the chancery court, which affirmed. The attorney appealed to this Court. On appeal, the attorney argues the hearing panel should have reviewed similar cases of attorney misconduct where a suspension was imposed, and that he should be suspended based on the sanction imposed in those cases. Under Tennessee Supreme Court Rule 9, Board of Professional Responsibility hearing panels and trial courts considering attorney discipline promote consistency in the imposition of sanctions by anchoring their decisions on punishment to the American Bar Association Standards for Imposing Lawyer Sanctions. Rule 9 does not give either hearing panels or trial courts authority in attorney disciplinary cases to base recommended attorney disciplinary sanctions on a review of sanctions imposed in comparative cases. The Supreme Court’s more expansive perspective from seeing the broad swath of attorney disciplinary matters in the entirety of the State—whether appealed or not—puts it in the best position to consider comparative cases for the sake of uniformity of punishment throughout Tennessee. In this case, considering the nature of the attorney’s misconduct, no comparable case convinces us that suspension, rather than disbarment, is the appropriate sanction. Accordingly, we affirm the judgment of the chancery court and the decision of the hearing panel and impose the sanction of disbarment.

The conduct involved Respondent’s representation of a client in a family law matter and issues surrounding notarized affidavits

Pamela Denise Van Burkleo hired Mr. Doll in 2010 to represent her in divorce and post-divorce proceedings against her ex-husband, who was in Texas. The criminal convictions underlying the discipline in this case arise from Mr. Doll’s representation of Ms. Van Burkleo in the post-divorce proceedings.

By the time the events underlying the criminal convictions arose in 2013, Mr. Doll had been representing Ms. Van Burkleo for several years. In early 2013, Ms. Van Burkleo had concerns about her children visiting with the ex-husband, so she asked Mr. Doll to file an emergency petition to restrict his parenting time. On March 1, 2013, an emergency ex parte petition was filed in the Williamson County circuit court on behalf of Ms. Van Burkleo, to prevent her ex-husband from exercising his visitation with their children. Id. at *5. Affidavits from each of their two teenage sons were attached to the petition. Id. The emergency petition had an oath by Ms. Van Burkleo appended to it, as part of the petition. Id. Ms. Van Burkleo’s signature on the oath was notarized by Mr. Carter [who provided support in Respondent’s office], and Mr. Doll signed the petition as her attorney.

After further proceedings

On July 13, 2015, the District Attorney General obtained grand jury indictments against Ms. Van Burkleo and Mr. Doll. Id. at *1. Counts 1 and 2 alleged that Ms. Van Burkleo committed aggravated perjury when she testified falsely under oath that a notary public witnessed her sign an affidavit in support of her emergency petition for a temporary restraining order against her ex-husband. Id. The indictment also alleged that Ms. Van Burkleo testified falsely during the show cause hearing to determine the authenticity of her notarized signature. Id. Counts 3 and 4 of the indictment alleged that, on June 18, 2013, Mr. Doll committed subornation of aggravated perjury with regard to the same emergency petition. Id. Count 5 alleged that Mr. Doll committed criminal simulation on March 1, 2013 by forging Ms. Van Burkleo’s signature on the oath on the petition. Id.

The charges were tried

On May 17, 2017, at the conclusion of the trial, the jury convicted Mr. Doll of two counts of suborning aggravated perjury and one count of criminal simulation. Id. at *1. The trial court sentenced him to two years of probation.

The conviction was affirmed on appeal. (Mike Frisch)