CLARKSVILLE, TN (CLARKSVILLE NOW) – A local attorney has been publicly censured by the Tennessee Supreme Court for practicing law after her license was suspended.
On Jan. 21, 2020, Colleen Ann Hyder’s license to practice law was suspended after failing to pay her 2019 professional privilege tax. On July 19, the court released a statement publicly censuring her for knowingly practicing law after her license had been suspended, according to a news release.
The day after her Jan. 21 suspension, Hyder appeared in Montgomery County Circuit Court for a trial. She did not disclose her suspension to the judge. Later that day, she paid $457.06 in delinquent taxes but did not pay the $100 late fee or $200 reinstatement fee.
From Jan. 23-27, Hyder appeared in court on several occasions, according to the Supreme Court statement. The following Monday, Jan. 27, 2020, she paid the delinquent tax fee and reinstatement fee and filed her petition for reinstatement.
On Feb. 3, 2020, Hyder contacted the Board of Professional Responsibility of the Supreme Court to inquire about her ability to practice law. The Board advised her that she was not permitted to represent clients or engage in the practice of law until reinstated by an order of this Court.
Hyder’s license was reinstated on Feb. 4, 2020, retroactive to Jan. 28, 2020, the date the Board received Hyder’s payment in full of all requisite fees.
Clarksville Now has reached out to Hyder for comment.
Public censure
On July 19, the court issued the censure. A censure is a rebuke and warning, but it does not affect the attorney’s ability to practice law.
Hyder filed a petition for review of the Hearing Panel’s decision, arguing that Tennessee Supreme Court Rule 9, Section 26 allowed her to continue representing existing clients for 30 days after her suspension. She argued that Section 26 is ambiguous because it does not set forth practice limitations for attorneys facing suspension under this section.
“She argued that because an attorney temporarily suspended for misappropriating client funds receives 30 days to wind up his or her practice, she should be allowed to continue to represent existing clients while suspended for failing to pay her professional privilege tax,” the opinion states. “A violation admittedly less severe.”
Despite the petition, the Board affirmed Hyder’s public censure.
“Tennessee lawyers must pay their professional privilege tax or face suspension effective immediately upon order of this Court,” the board stated. “Engaging in the practice of law while suspended for nonpayment of the privilege tax is the unauthorized practice of law.”