Thomas Eagleton Hollingsworth has been licensed since 2003 and has been an assistant prosecuting attorney for the past 16.5 years. On June 9, 2023, Hollingsworth was on duty at the Jefferson County courthouse. During the docket, because the courtroom is small, the attorneys normally use the jury room to fill out forms, conduct negotiations, or work on their laptops. When a public defender left his computer unattended in the jury room to participate in a felony plea in the courtroom, Hollingsworth decided to prank the attorney, using the attorney’s computer to send an e-mail to the sheriff. Two other defense attorneys were present in the jury room when Hollingsworth sat down at the public defender’s laptop, typed out an e-mail to the sheriff stating “You look sooooo good in Khaki pants and that black shirt,” and signed it with the public defender’s first and last name. Hollingsworth did not tell the sheriff or the public defender what he had done. Instead, he told another attorney coming into the jury room. That attorney later told the public defender to check his e-mail. The public defender had to notify his clients about Hollingsworth having potential access to confidential information, resulting in 19 motions to disqualify Hollingsworth as the prosecutor on cases. The prosecutor’s office gave Hollingsworth a written reprimand and placed him on a six-month performance improvement plan. The chief disciplinary counsel filed an information alleging Hollingsworth violated multiple rules of professional conduct when he sent the e-mail. During a hearing before a disciplinary hearing panel, witnesses testified Hollingsworth has a history of using inappropriate humor and jokes, including sexual innuendos, during working hours. Hollingsworth admitted to some rule violations but claimed he was not acting as a prosecutor when he sent the e-mail and did not believe his actions interfered with the administration of justice. The panel found Hollingsworth’s actions did not interfere with the administration of justice and did not violate the rules of professional conduct on sexual harassment grounds. The panel recommended Hollingworth be reprimanded for his actions. The chief disciplinary counsel rejected the panel’s recommendation and asks this Court to suspend Hollingsworth. 

This case presents two questions for this Court – whether Hollingsworth violated the rules of professional conduct and, if so, what discipline, if any, is appropriate.