On Friday, January 13, 2023, the Disciplinary District VI of the Board of Professional Responsibility of the Supreme Court of Tennessee ruled on charges of attorney discipline against Franklin attorney Joanie Lucie Abernathy alleging misconduct.
The case is entitled “In Re: Joanie L. Abernathy with Case #69028-6-ES.
The charges cited Rules of Professional Conduct 3.1 (meritorious claims and contentions), 3.4 (fairness to opposing party), and 8.4(d) (prejudice to the administration of justice).
The rules of professional conduct can be found on the Tennessee State Courts website.
The filing states:
“Ms. Abernathy represented a client in a contentious divorce. She file two motions to recuse the trial judge, both of which were denied. Meanwhile, the opposing party was awarded attorneys fees by order in April 2018. Thereafter, funds were paid into court from the sale of a piece of marital property. The opposing party filed a motion to disburse the funds held by the court to satisfy the award of attorney fees. Ms. Abernathy opposed this motion. The court orally granted the opposing party’s motion to disburse the funds, and the court ordered opposing counsel to prepare an order.”
The filing continues:
“After the motion had been orally granted, but before the order was entered, Ms. Abernathy filed a third motion to recuse the trial judge. The motion included arguments that had not been raised in the trial court and arguments that addressed issues previously raised in the earlier motions for recusal. The court of appeals denied the third motion to recuse and held that the motion was frivolous.”
By these acts, the Tennessee Board of Professional Responsibility concluded that Ms. Abernathy violated the above-cited rules and publicly censured her for these violations.
As of today, Ms. Joanie Lucie Abernathy practices in Franklin, Tennessee. She graduated from the Nashville School of Law, graduating in 1985. Her bio can be found on Avvo.
A copy of the original filing can be found here.
