<think>.pdf

santore-1857-hpj635088892856773420.pdf
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🔗 Source: docs.tbpr.org
📊 Size: 309 KB
📄 Pages: 4 pages
⬇️ Downloads: 424

Summary


Okay, I need to create a concise summary of this legal document in English. Let me start by reading through the content carefully.

The document is about a disciplinary case against Francis Xavier Santore, Jr., an attorney in Tennessee. The main points are the incident that happened on November 25, 2008, where he acted aggressively in the courthouse. The Hearing Panel is reviewing the petition for discipline and has made findings of fact, conclusions of law, and a judgment.

First, the facts: On that date, Santore was at a hearing in Greene County Circuit Court. He was representing a client seeking an Order of Protection. He had been out of town and thought the case would be uncontested. However, when he learned the opposing party intended to contest, he became angry, threw coffee, cursed, and left. The bailiff asked him to leave, and during his exit, he damaged the handrail, causing courthouse damage. Later, he was taken to the hospital, charged with vandalism, and sentenced to 11 months on probation. He also entered a monitoring agreement with TLAP and is taking medication for bipolar disorder. He has a history of three prior disciplinary actions, including two public censures and one private admonition, all related to anger issues.

Now the law: The panel cites Tennessee Supreme Court Rule 9, Section 3, which states that a lawyer's license is a privilege and they must adhere to professional conduct standards. The violations are under RPC 8.4(a)(b) and (d) regarding misconduct. The ABA Standards 7.2 and 8.2 apply. Aggravating factors include prior offenses, pattern of misconduct, and experience. Mitigating factors are personal issues, restitution, cooperation, and remorse.

The judgment is a 33-month suspension, with 45 days as active suspension. The rest is on probation with conditions of compliance with TLAP, mental health counseling, and medication. He must also pay the Board's costs.

I need to make sure the summary is detailed but concise. Start with the case name and docket number. Mention the respondent's name and the court. Then outline the key facts: the incident on November 25, 2008, the actions taken, the charges, the prior disciplinary actions. Then the legal standards applied, the aggravating and mitigating factors. Finally, the judgment: suspension duration, active days, probation conditions, and costs.

Check for any specific terms or legal references that need to be included. Make sure not to add any extra information or explanations. Keep it straightforward, in the same language as the original, which is English. Avoid markdown and just provide the summary in plain text. Also, ensure that the dates and numbers are correctly noted. The original has some typos, like "£15 36} 1'O" which might be a formatting error, but since the user wants the summary in the exact same language, I should probably leave those as they are, though maybe they are part of the header and not relevant to the summary. Wait, looking back, the first line seems to be a header with some possible formatting issues. The user said to start directly with the content, so maybe the actual content starts after the header. The summary should focus on the case details, the incident, the legal violations, and the outcome.

Also, note that the panel found the behavior was a typical response to adverse situations, which is a mitigating factor. The suspension is 33 months, 45 days active, rest on probation with TLAP compliance, counseling, medication. He must pay costs. The summary should capture all these elements without unnecessary details. Make sure to mention the three prior sanctions and their relation to anger management issues. The ABA standards are part of the legal basis for the discipline. The panel's conclusion is that the misconduct is established, so the appropriate sanctions are applied based on those standards.

I need to structure this in a clear, logical flow. Start with the case, then the incident, then the legal violations, aggravating/mitigating factors, and the judgment. Keep sentences short and to the point. Avoid any markdown, just plain text. Check for any specific terms that need to be accurate, like "Tennessee Lawyers Assistance Program (TLAP)" and "Lakeshore Mental Hospital". Also, the charges were vandalism under $500, which is a specific legal term. The sentence was 11 months with time suspended on probation. The monitoring agreement is with TLAP, which is part of the probation conditions.

Make sure the summary is in English, as per the user's request. No titles or introductions. Just the content. Alright, putting it all together now.

The Board of Professional Responsibility of the Supreme Court of Tennessee reviewed the disciplinary petition against Francis Xavier Santore, Jr., an attorney licensed in Greene County. On November 25, 2008, Santore became irate during a court hearing after learning his client’s Order of Protection case would be contested. He threw a coffee cup across the courtroom, cursed loudly, and exited, damaging the courthouse’s handrail. The bailiff ordered him to leave, and he was later hospitalized for hand injuries, where authorities suspected homicidal intent, leading to a 6-day commitment to Lakeshore Mental Hospital. Santore pled guilty to vandalism, received a 11-month suspended sentence, and entered a TLAP monitoring agreement. He is diagnosed with bipolar disorder and compliant with treatment. The Board found prior disciplinary actions (two public censures, one private admonition) linked to similar misconduct and poor anger management. Applying Tenn. Ct. R. 9 § 3 and ABA Standards 7.2, 8.2, the Hearing Panel concluded aggravating factors include prior offenses, a pattern of misconduct, and legal experience, while mitigating factors include personal issues, restitution, cooperation, and remorse. The judgment is a 33-month suspension, with 45 days active and the remainder on probation requiring TLAP compliance, mental health counseling, and medication adherence. Santore must also reimburse the Board for costs.

Description

Tennessee bar disciplinary proceeding against Francis Xavier Santore, Jr. (BPR No. 11315) for conduct reported in December 2008. The hearing panel found facts related to an incident occurring at the Greene County Courthouse on November 25, 2008.

Technical Information

  • File Format: PDF
  • File Size: 309 KB
  • Pages: 4
  • Language: EN
  • Total Downloads: 424
  • Last Updated: 1 month ago

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