member bar (Tennessee) · Go Syfert
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member bar in Tennessee

14 Tennessee opinions name it 3 courts 1949–2024 3 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Ballard v. Herzkegreen
tenn · 1996 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021These discretionary decisions must consider “applicable law and relevant facts.” Id. (citing Ballard v. Herzke, 924 S.W.2d 652, 661 (Tenn. 1996)).

11
State v. Lewisgreen
tenn · 2007 · cited in 1 Tennessee opinions naming this issue, 2021–2021
2 sentences

2021As such, we are understanding of his concern, as a member of the bar, to avoid a finding of contempt. -3- the applicable legal standards or when it fails to properly consider the factors customarily used to guide that discretionary decision.” Id. (citing State v. Lewis, 235 S.W.3d 136, 141 (Tenn. 2007)).

2021These discretionary decisions must consider “applicable law and relevant facts.” Id. (citing Ballard v. Herzke, 924 S.W.2d 652, 661 (Tenn. 1996)).

11
State Ex Rel. Agee v. Chapmangreen
tennctapp · 1995 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000He notes that Rule 5.02, which describes how service may be made, states that “Service by mail is complete upon mailing,” and that Rule 5.03, which discusses proof of service, states that “[p]roof may be by certificate of a member of the bar of the court or by affidavit of the person who served the papers, or by any other proof satisfactory to the court.” A simple denial of service by a party is never sufficient to set aside a judgment, State ex rel Agee v. Chapman, 922 S.W.2d 516, 518 (Tenn. Ct. App. 1995), Posey v. Eaton, 77 Tenn. (9 Lea) 500 (1882).

11
Calvary Baptist Church v. Josephgreen
ind · 1988 · cited in 1 Tennessee opinions naming this issue, 1995–1995
1 sentence

1995Calvary Baptist Church v. Joseph, 522 N.E.2d 371, 374 (Ind. 1988); Cf. John T.

11
Smith v. Harrisongreen
tenn · 1871 · cited in 1 Tennessee opinions naming this issue, 1988–1988
1 sentence

1988See Smith v. Harrison, 49 Tenn. (2 Heisk.) 230 , 242-43 (1870).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Ferguson v. Paycheck green
tenn · 1984
2 sentences

2004The Black Court determined that attorney fees were available under the authority of Ferguson v. Paycheck, 672 S.W.2d 746 (Tenn.1984), which adopted the following rule setting forth when a trial court can appoint and order compensation of counsel: [T]here must exist a necessity for the services of a member of the bar to serve the court in reaching a proper resolution of questions or issues presented and pending before the court, in which case the court may award compensation to be paid by the party or parties responsible for the situation that prompted the court to make the appointment.

2001In general, “there must exist a necessity for the services of a member of the bar to serve the court in reaching a proper resolution of questions or issues presented and pending before the court.” Ferguson, 672 S.W.2d at 747 .

41996–2004
Sean K. Hornbeck v. Board of Professional Responsibility Of The Supreme Court of Tennessee green
tenn · 2018
1 sentence

2024“Suspension specifically contemplates that, once the conditions imposed under the suspension are met, the attorney will be permitted to return to law practice.” Id. - 55 - Disbarment, however, is not a temporary state.

12024–2024
Trice v. Hewgley green
tennctapp · 1964
1 sentence

2024In Trice, this Court struck a brief for making “impertinent, derogatory and defamatory remarks impugning the character of . . . one of the Attorneys for the defendants.” 381 S.W.2d at 597 .

12024–2024
Hawk v. Hawk green
tenn · 1993
1 sentence

2021As such, we are understanding of his concern, as a member of the bar, to avoid a finding of contempt. -3- the applicable legal standards or when it fails to properly consider the factors customarily used to guide that discretionary decision.” Id. (citing State v. Lewis, 235 S.W.3d 136, 141 (Tenn. 2007)).

12021–2021
Martin v. Sizemore green
tennctapp · 2001
1 sentence

2011In this action, the trial court relied on an earlier Sixth Circuit Court of Appeals case, Newsome v. Batavia Local School District, 842 F.2d 920 (6th Cir. 1988), and the decision from this court in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001), in finding that the dual role of Fran Perry as an investigator and a member of the hearing board created an unconstitutional conflict in violation of Christian’s due process rights.

12011–2011
Arthur Nickolas Newsome v. Batavia Local School District green
ca6 · 1988
1 sentence

2011In this action, the trial court relied on an earlier Sixth Circuit Court of Appeals case, Newsome v. Batavia Local School District, 842 F.2d 920 (6th Cir. 1988), and the decision from this court in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001), in finding that the dual role of Fran Perry as an investigator and a member of the hearing board created an unconstitutional conflict in violation of Christian’s due process rights.

12011–2011
Ex Parte Chattanooga Bar Association green
tenn · 1959
2 sentences

1960We do not go this far, but we use this illustration in light of what this Court has very recently in Ex Parte Chattanooga Bar Association, 206 Tenn. 7 , 330 S.W.2d 337 , held unanimously that the courts of the State have inherent power to look into the question of the ethical conduct of the lawyers who are members of the bar.

1960We do not go this far, but we use this illustration in light of what this Court has very recently in Ex Parte Chattanooga Bar Association, 206 Tenn. 7 , 330 S.W.2d 337 , held unanimously that the courts of the State have inherent power to look into the question of the ethical conduct of the lawyers who are members of the bar.

11960–1960
Ridout v. State green
tenn · 1930
1 sentence

1950R. 830, a member of the Bar was held to be a “ judge de facto” because of Ms election as Special Judge at a prior term, but to the writer of this opinion, Judge Cook’s dissent is the safer expression of law and much of it is applicable to the case before us here, for example: “No consideration of public policy would justify the conclusion that a member of the bar or other person by merely assuming the judge’s position could clothe himself with the power of a judge . . .” 161 Tenn, at page 278, 30 S. W. (2d) at page 264 .

11950–1950
Burns v. State green
texapp · 1934
1 sentence

1949App.], 76 S. W. 2d 172 , held that the application for reinstatement of a permanently disbarred attorney should be to the Supreme Court, the licensing body, but this decision was reversed by the Commission of Appeals in Burns v. State [ 129 Tex. 303 ], 103 S. W. 2d 960 , that Court holding that the application for reinstatement should be to the Court of disbarment, its decision supporting petitioner here.

11949–1949
Burns v. State neutral
tex · 1937
2 sentences

1949App.], 76 S. W. 2d 172 , held that the application for reinstatement of a permanently disbarred attorney should be to the Supreme Court, the licensing body, but this decision was reversed by the Commission of Appeals in Burns v. State [ 129 Tex. 303 ], 103 S. W. 2d 960 , that Court holding that the application for reinstatement should be to the Court of disbarment, its decision supporting petitioner here.

1949App.], 76 S. W. 2d 172 , held that the application for reinstatement of a permanently disbarred attorney should be to the Supreme Court, the licensing body, but this decision was reversed by the Commission of Appeals in Burns v. State [ 129 Tex. 303 ], 103 S. W. 2d 960 , that Court holding that the application for reinstatement should be to the Court of disbarment, its decision supporting petitioner here.

11949–1949

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 29-9-102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 107 (1847–2026) CA 92 (1930–2026) NJ 70 (1924–2022) MD 67 (1926–2020) NY 60 (1895–2025) TX 54 (1917–2026) DC 44 (1967–2022) IL 42 (1876–2021) MA 39 (1908–2025) LA 34 (1911–2023) FL 31 (1898–2017) WA 30 (1895–2026) IN 28 (1884–2025) WI 26 (1898–2021) MI 24 (1943–2025) CT 23 (1936–2025) OK 23 (1916–2012) MO 21 (1873–2007) OR 21 (1914–2020) AL 19 (1906–2025) GA 18 (1897–2025) WV 18 (1917–2020) CO 17 (1886–2025) KS 17 (1910–2022) IA 16 (1902–2017) OH 16 (1945–2021) AZ 15 (1927–2019) RI 15 (1936–2026) TN 14 (1949–2024) KY 14 (1921–2025) NE 13 (1903–2024) NM 12 (1914–2020) MS 10 (1952–2007) VT 10 (1939–2017) MT 10 (1904–2025) NC 7 (1917–2021) HI 7 (1899–2014) VA 7 (1806–2022) DE 7 (1970–2021) NV 6 (1940–1988) SD 6 (1910–1978) MN 6 (1969–2006) WY 6 (1884–1990) AK 5 (1980–2009) AR 5 (1911–2016) UT 4 (1971–2012) NH 4 (1976–2017) SC 3 (1943–2011) ID 3 (1963–2017) ND 2 (1952–1977) ME 2 (1985–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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