On Friday, January 10, 2025, WJHL reported that Elizabethton Municipal Judge Jason Holly has been officially censured by the Tennessee Board of Professional Responsibility (TBPR), the same body that suspended his law license on October 28, 2024. This suspension has prevented Holly from presiding over court cases. Despite this, Holly has submitted an application for the reinstatement of his law license, although the TBPR appears to be advocating for a hearing to address the matter.

The TBPR’s censure requires Holly to pay $2,500 each to two former clients involved in a custody case and a breach of contract case, and $500 to a third client in a criminal case. The censure outlines Holly’s failure to take necessary actions on behalf of his clients, lack of communication, and insufficient efforts to expedite the litigation processes in each case.

Holly filed his application for reinstatement on December 23, 2024. However, he has stated that he does not intend to practice law again due to time constraints. If the Tennessee Supreme Court approves his request for reinstatement, Holly would be eligible to resume his part-time judgeship, which primarily deals with traffic violations and building code matters.

The TBPR has responded to Holly’s petition, contesting his claim that he has fulfilled all conditions set by the court. In his petition, Holly asserts that he has complied with the court’s requirements and that his return to legal practice would not harm the integrity of the bar, as he does not plan to engage in private practice. He lists his current responsibilities, which include teaching pre-law at Elizabethton High School, announcing for varsity sports, coaching, serving as a youth minister, and holding the part-time municipal judge position.

In its response, the TBPR alleges that Holly has not met all the conditions of his suspension, specifically citing his failure to submit an affidavit confirming compliance with Tennessee Supreme Court Rule 9.28. This rule includes obligations such as notifying clients of his suspension and returning their property.

The TBPR contends that Holly’s reinstatement should be governed by Supreme Court Rule 12.3(d), which mandates a hearing before a panel or the board itself. Conversely, Holly argues that Rule 30.4(c) does not necessitate a hearing if he can demonstrate compliance with the suspension conditions.

In the interim, Criminal Court Judge Stacy Street, a native of Elizabethton, has begun volunteering to hear municipal cases as Holly’s situation remains unresolved. Notably, Holly was reelected to a four-year term on November 5, 2024, just one week after his suspension took effect.

 

 

Source: WJHL