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WHO IS LACKING IN ETHICS?
by Sharon Rondeau
(Jul. 22, 2012) — An Assistant District Attorney General of the Tenth Judicial District in Tennessee has been “issued a Petition for Discipline” by the Board of Professional Responsibility (BOPR), an ethics panel which is supervised by the Tennessee Supreme Court.
The BOPR’s mission is “To make lasting contributions to society – by assisting the legal profession to maintain high standards of skill and conduct, a commitment to the rules of professional conduct, and a desire to render useful and efficient legal services at affordable costs, in a manner which is accepted as decent behavior.”
In the past, Rush has maligned The Post & Email, accusing it of a lack of integrity and “ethics.” He has also made an issue out of LCDR Walter Francis Fitzpatrick, III wearing his Navy uniform to court.
Rush has failed to return Fitzpatrick’s equipment as ordered by Senior Judge Walter C. Kurtz following a motions hearing on June 28.
Rush has placed telephone calls to Fitzpatrick’s address of record, asking the homeowner, “Are you an attorney?” In response to Rush’s calls, Fitzpatrick commented, “He knows better than that.”
According to the Chattanooga Times Free Press, a complaint was filed by an attorney for a defendant who accused Rush of prosecutorial misconduct against his client. A petition for discipline was issued on July 6, 2012, almost two years later. Rush is accused by the BOPR of violating Rule 9, Section 3 of the Tennessee Supreme Court Rules.
Rush has been prosecuting a case of tampering with government records against Fitzpatrick. Another Assistant District Attorney General, Jim Stutts, whom Fitzpatrick has identified as “a criminal,” has also been named as being the subject of a complaint. Stutts has described Fitzpatrick as “a dangerous person.”