Cody's Criminal Contempt Violations.pdf

Homer L. Cody was suspended from practicing law for 180 days effective July 27, 2015, and later for one year effective July 7, 2016. Cody remained suspended for two years following an August 11, 2017 Order of Enforcement. The Board of Professional Responsibility filed a petition for contempt in August 2017 alleging Cody practiced law during his suspensions. A Special Master appointed in August 2017 found Cody willfully engaged in three acts of criminal contempt by filing pleadings in Shelby County Chancery Court on May 15, 2017, and June 2, 2017. The Special Master concluded Cody's conduct demonstrated a complete lack of respect for the court's orders despite prior censure and suspensions, and recommended a $50 fine and ten days incarceration for each violation. The Supreme Court adopted the Special Master's findings, adjudged Cody guilty of three counts of criminal contempt, and sentenced him to ten days incarceration and a $50 fine per count, totaling $150 in fines. The court determined Cody must serve the sentences as required by Tennessee Code Annotated section 40-35-115.