A Dickson lawyer who served in the Army special forces, governed as a small town mayor, chaired the local election commission, and represented the county school board was recently suspended from practicing law for — according to the state Supreme Court — “misappropriating” more than $1 million from a woman’s trust fund that was established after her state trooper father, Todd Larkins, died in the line of duty.

The depleted money represents about half the original total trust amount, according to court documents.

Jack Garton’s law license was suspended for “misappropriating funds and posing a threat of substantial harm to the public,” according to decision by the Board of Professional Responsibility of the Supreme Court of Tennessee. Garton cannot accept new clients and can no longer represent his current clients.

Larkins, a Tennessee Highway Patrol trooper from Dickson County, was killed in 2005 at age 31 when a tractor-trailer hit him while he stood near his parked patrol car on the shoulder of Interstate 40. Larkins’ death, which occurred during a traffic stop and prompted a renewed focus on the “move-over” law, was settled the next year with the trucking company.

According to court documents and attorney Jennifer Roberts’ statements during a Tuesday hearing in Dickson County Probate Court, Garton removed more than $350,000 last year from the fund; $192,000 in 2012; nearly $117,00 in 2010; $115,000 in 2011; and $110,000 in 2013. In 2014 and 2015, Garton received about $45,000 each year.

In total, $1.075 million was received by Garton compared to about $585,000 for Larkins’ daughter, Carina Larkins, a student at Austin Peay State University.

Garton declined comment for this story but is expected to petition for reinstatement of his attorney license with the state Supreme Court.

Probate court hearing

Garton as well as former Juvenile and Probate Court Judge Andrew Jackson were subpoenaed to appear at the hearing. Two deputies with the Dickson County Sheriff’s Office testified they tried to serve the subpoena to Garton but could not find him on two different days. Jackson exercised his option as a former judge to sidestep the subpoena and instead provide a deposition for the court.

At the hearing, with the Larkins family in the audience, Roberts questioned two former longtime juvenile and probate court clerks, Judy Wilson and Sandra Anderson, who worked decades as clerks for Jackson. Jackson served as judge for more than 30 years before losing to current Judge Michael Meise in the 2014 election. Wilson retired the following year and Anderson retired in 2016.

Wilson recalled seeing “one, maybe two” sealed envelopes with documents inside. She was asked to stamp the envelope but never saw any documents related to the Larkins trust, she said.

She remembered many closed-door meetings soon after the settlement with Larkins’ widow, Alicia Larkins, Garton and Jackson. Later, she said Garton and Jackson were meeting “when no one was present.”

Roberts presented the various orders for payment from the trust, which were signed by Jackson, stamped, and filed by the court, she said.

Wilson, who many area attorneys called “Judge Wilson” due to her knowledge of the court systems, said she never saw those documents.

Roberts stated that Garton “was given free reign” over Larkins’ trust during the hearing.

Fee order

In 2007, Garton was appointed by Jackson to oversee the Catrina Larkins trust. Garton, as with all trustees, was expected to oversee the trust and invest the money in a “prudent manner,” Roberts said. Garton was never bonded for this position, which is usually required or expected to guard against misappropriation of trust funds, she said.

According to court documents and input from the former clerks, Garton would type an order, the order would be signed by Jackson, and then Garton would fax the order to one of the two investment companies holding the trust.

Then, according court documents, those companies would overnight the check to Garton and he would use some portion of the check to pay taxes, other expenses, and his own fee.

For the first two years of the trust’s existence, Garton did not take any fees, according to documents. He paid the trust taxes and other small, miscellaneous fees.

Beginning in 2009, however, fees became part of Garton’s orders.

The payments fluctuated until hitting the high point of $350,000 last year — totaling more than $1 million over an eight-year period.

During the hearing, it was established that no accounting system existed in the court for the trust, and no justification or record of work hours spent related to the trust.

“The trust has been virtually depleted,” Roberts said.

Once Larkins family members became aware of the depleted funds, they hired Roberts. In October, she filed a motion to have Garton removed as trustee, citing his breach of his fiduciary duties to the trust.

What's next?

The state Board of Professional Responsibility will meet again in March. At that time, Garton may petition for reinstatement of his attorney license.

Garton, who graduated from Dickson County High School before serving in the military 1982 to 1986 as an Army Ranger and later with Special Forces, recently stepped down from his position as chairman of the Dickson County Election Commission after four years. Garton, who earned his law degree from the University of Tennessee, also served as mayor of the Town of Burns and was school board attorney until his license suspension.

The school board will discuss new legal representation at its Dec. 14 meeting, according to board Chairman Tim Potter.

The companies overseeing the Larkins family trust indicated at the Tuesday hearing an intention to file a lawsuit or lawsuits to recoup the money used from the fund.