Pay Your Dues On Time

Your yearly reminder to pay bar dues courtesy of the Tennessee Supreme Court

Colleen Hyder was licensed to practice law in 2010. On June 1, 2019, her professional privilege tax came due, and she failed to pay by the statutory deadline. Six months later, her tax was still delinquent. On December 5, 2019, the Tennessee Board of Professional Responsibility (“the Board”) sent Ms. Hyder a notice of delinquency by email. The body of the email provided instructions on how to cure the delinquency without consequence.

On December 10, 2019, the Board sent Ms. Hyder a certified letter containing the same notice of delinquency and instructions to cure. Two weeks passed, and she still had not paid the tax. On December 27, 2019, the Board sent Ms. Hyder another email attaching the notice of delinquency with instructions to cure. On January 16, 2020, the Board sent Ms. Hyder yet another email notifying her that a proposed order of summary suspension had been sent to the Tennessee Supreme Court for review, pursuant to Tennessee Supreme Court Rule 9, section 26.4(b)–(c).

There is no dispute about the facts in this case. Ms. Hyder did not pay her 2019 professional privilege tax on time, and she received all of the correspondence from the Board, including the proposed order of suspension. She was not only fully advised of her failure to pay the tax, but was also provided the opportunity to cure. This Court filed the order summarily suspending Ms. Hyder’s license to practice law on January 21, 2020. The order stated: “[T]he license to practice law in this State of each of the following listed attorneys is summarily suspended . . . . Colleen Ann Hyder . . . . [E]ach suspension shall be effective immediately upon entry of this [o]rder . . . .” Ms. Hyder received a copy of the filed order via email on the day of filing. The body of the email stated, “The suspension [o]rder was entered on January 21, 2020, and is effective immediately.” This text was underlined and in bold.

Nonetheless, she continued to represent existing clients in court proceedings. The day after her suspension, she appeared in Montgomery County Circuit Court for a trial. She did not disclose her suspension to the trial judge. Later that day, she paid $457.06 in delinquent taxes but did not pay the $100.00 late fee or $200.00 reinstatement fee. On January 23, 2020, Ms. Hyder participated in a mediation and did not disclose her suspension to the other participants in mediation. That day, she again appeared in Montgomery County Circuit Court. She does not dispute that she appeared in court on several occasions between January 23 and 27, 2020.

She was reinstated on February 4, 2020 retroactive to January 28.

The court considered a host of contentions regarding the license renewal process and timing.

The trial court affirmed the Hearing Panel’s findings that Ms. Hyder practiced law while suspended but modified the Hearing Panel’s sanction and issued her a public censure. On appeal, Ms. Hyder raises three issues: (1) whether the Hearing Panel and trial court applied the correct legal standard relating to summary suspensions under Tennessee Supreme Court Rule 9, section 26; (2) whether public censure is the appropriate sanction; and (3) whether certain deposition testimony was properly excluded. After a review of the record and the briefs, we find that the trial court did not abuse its discretion. Accordingly, we affirm the trial court’s judgment.

Sanction

Under current law, Tennessee lawyers must pay their professional privilege tax or face suspension effective immediately upon order of this Court. Engaging in the practice of law while suspended for nonpayment of the privilege tax is the unauthorized practice of law.

We affirm Ms. Hyder’s public censure. The costs of this appeal are taxed to Colleen A. Hyder.

(Mike Frisch)