Lance Bracy today announced plans to retire as chief disciplinary counsel to the Tennessee Supreme Court's Board of Professional Responsibility, concluding more than 30 years of service with the board. Bracy, 70, is set to retire May 1.
HALT Americans for Legal Reform, a nonprofit organization based in Washington, D.C., gave the Tennessee BPR an overall 2006 performance rating of "C+," with an "A" on fairness and a "D" on public participation in disciplinary actions. HALT evaluates the effectiveness of all states' lawyer-discipline programs, as well as issues related to removal of ineffective judges.
HALT said Tennessee's BPR efforts ranked it 4th in the nation, up from 30th in their previous ranking, largely as a result of a Tennessee Supreme Court opinion that removed of a gag order that had precluded public discussion of allegations against lawyers.
While praising the BPR's progress, HALT has also expressed strong concern that too many of Tennessee's disciplinary actions against lawyers take place informally, or in private.
"Public discipline in Tennessee is on par with the national averages per capita," Bracy told NashvillePost.com this morning. But he said the frequency of private discipline in Tennessee "far exceeds the national averages, because we focus on 'acorns before they become oak trees'." Bracy also noted that the BPR has in recent years experienced a "significant decline in complaints," in contrast to the experience of other jurisdictions.
In 1962, Bracy earned his law degree at the YMCA School of Law — now Nashville School of Law. He was assistant district attorney for the 9th Judicial District, 1974-76, having earlier practiced of law in Robertson County and surrounding areas.
BPR statistics indicate that thus far during Bracy's tenure he has assisted in issuing more than 140 formal ethics opinions and 600 advisory ethics opinions. The BPR says that on his watch, it responded to more than 12,000 informal ethics inquiries by attorneys. From the BPR's inception through June 30, 2006, the board has received 36,883 complaints, resulting in 162 disbarments, 398 suspensions, 479 public censures and 2,793 private reprimands or admonitions.
The BPR was created by an order of the Supreme Court in 1975. Its chief disciplinary counsel now supervises seven attorneys. When Bracy joined the BPR, there were 4,433 attorneys practicing law in the state. According to a BPR, there are now 18,400 practicing lawyers in Tennessee.
On behalf of the BPR, the Administrative Office of the Courts is accepting applications for the chief disciplinary counsel position through 4 p.m., Friday, March 16.
Note: This story was corrected at 2:38 p.m., to reflect that the gag order mentioned above was removed as a result of a Supreme Court opinion, rather than by legislative action. - MFC
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