On Friday, December 6, 2024, the Elizabethton Star reported that the city of Elizabethton remains without a municipal judge as Jason Holly’s suspension continues. Holly, who recently won reelection for the position, currently lacks a valid law license and has not been sworn in, preventing him from fulfilling his judicial duties.

Mayor William E. “Bill” Carter addressed the situation, emphasizing the need to resolve the matter to resume city court operations. He stated, “We’re trying to work with our city attorney and Nashville,” expressing concerns about getting back to regular city business. The mayor indicated that efforts are underway to address the issue pending Holly’s reinstatement.

The functioning of the Municipal Court has raised questions, which Mayor Carter directed to City Attorney Roger Day. However, the mayor admitted he needed an update on the current status of court operations. Multiple attempts by The Star to contact Day for clarification have gone unanswered. Similarly, inquiries sent to Holly have not received a response, although he indicated that a statement would be provided, which has yet to materialize.

Holly’s legal troubles stem from a temporary suspension of his law license issued by the Tennessee Board of Professional Responsibility. The suspension was enacted due to his failure to respond to three misconduct complaints just days before the November 5 General Election. Despite this, Holly won reelection against opponent Teresa Murray Smith with a significant margin, receiving 3,030 votes to Smith’s 1,876.

On November 26, the day of the swearing-in ceremony, Holly was notably absent, and his situation was not mentioned on the city’s website announcement regarding the event. According to Sandy Garrett, the chief disciplinary counsel for the Supreme Court of Tennessee, Holly has yet to file a petition to dissolve his temporary suspension, which he could do under Rule 9, 12.3(d) if he presents a valid reason.

The order of temporary suspension allowed Holly to represent existing clients for a limited time, but he could not take on new clients and was required to cease all legal practice by November 27. Following this deadline, the order stipulated that he must not present himself as a lawyer, legal assistant, or law clerk.

State law mandates that city judges must be licensed attorneys and fall under the jurisdiction of the Board of Judicial Conduct. The Elizabethton City Charter specifies that the city judge must be licensed to practice law in Tennessee and elected by popular vote concurrently with the local governing body elections. Additionally, the charter outlines the process for removing a judge and provides for appointing an acting city judge in cases of absence or inability to serve.

However, the charter does not explicitly address scenarios where an elected candidate’s law license is temporarily suspended. This ambiguity has left community members concerned and inquiring about the situation. According to a city staff member, residents are frequently asking about both the status of the Broad Street bridge and Holly’s judicial predicament.

 

 

Source: Elizabethton Star