M. Josiah Hoover, III v. Board of Professional Responsibility of the Supreme Court of Tennessee

Summary

The Tennessee Supreme Court affirmed the judgment upholding M. Josiah Hoover III’s disbarment after a hearing panel considered five complaints alleging professional misconduct. The court rejected challenges concerning the denial of a continuance, consideration of misconduct reported by another attorney, sufficiency of the evidence, the severity of disbarment, and supplementation of the appellate record.

Holdings

1. The hearing panel did not abuse its discretion by denying Hoover's last-minute motion for a continuance because the motion was based on outstanding discovery, the hearing had been scheduled for months, the Board was prepared to proceed, and Hoover failed to show prejudice.
2. The hearing panel properly considered Hoover's misconduct in Edwards v. Powers even though the complainant was not involved in that case.
3. The hearing panel's findings that Hoover violated multiple Rules of Professional Conduct were supported by substantial and material evidence.
4. Disbarment was an appropriate sanction and was not arbitrary, capricious, or an abuse of discretion.
5. The trial court properly denied Hoover's motion to supplement the record with a deposition transcript and case file.

Questions Presented

1. Whether the hearing panel abused its discretion by denying Hoover's motion to continue the disciplinary hearing.
2. Whether the hearing panel improperly considered Hoover's misconduct in Edwards v. Powers based on a complaint filed by an attorney who was not involved in that matter.
3. Whether substantial and material evidence supported the hearing panel's findings of professional misconduct.
4. Whether disbarment was an excessive or inappropriate sanction under the circumstances.
5. Whether the trial court erred by denying Hoover's post-judgment motion to supplement the record with additional evidence.

Disposition

affirmed