Holly defeats Murray Smith in municipal judge election

Published 9:33 am Wednesday, November 6, 2024

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By Buzz Trexler

Star Correspondent

Despite having his law license suspended by the Tennessee Supreme Court’s Board of Professional Responsibility, incumbent Jason L. Holly fought back a challenge from Teresa Murray Smith to win reelection as municipal judge in Tuesday’s general election.

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Holly, who had not responded to a request for comment as of early Wednesday morning, received 3,030 votes to Murray Smith’s 1,876.

“I am disappointed that the integrity of my professional career as opposed to his, especially with his latest suspension, did not seem to matter to the voters,” Murray Smith said late Tuesday night. “However, the voters made their choice so now the city must determine how to deal with an elected judge who cannot presently serve.

“It was a long, hard-fought campaign and I am very thankful for all the support and encouragement I received during it,” she said.

According to Sandy Garrett, the board’s chief disciplinary council, Holly’s temporary suspension is due to the judge’s failure to answer three misconduct complaints. Garrett has made clear that the suspension is not due to any misconduct alleged in a complaint, but “simply because he failed to respond to the board.”

An Oct. 28 release from the board announcing the suspension said Holly cannot accept new cases and must cease representing existing clients by Nov. 27 and is unable to take on new clients unless the issue is resolved. After that date, “Mr. Holly shall not use any indicia of lawyer, legal assistant, or law clerk nor maintain a presence wherein the practice of law is conducted. Mr. Holly must notify all clients being represented in pending matters, as well as co-counsel and opposing counsel, of the Supreme Court’s Order suspending his law license and is required to deliver to all clients any papers or property to which they are entitled.”

According to the Tennessee Code, city judges must be licensed attorneys and are under the jurisdiction of the Board of Judicial Conduct.

City Council members elected Holly as interim city judge in February 2020, succeeding T.J. Little Jr., who died Dec. 28, 2019, leaving the city without a judge. The following August, Holly failed in a write-in bid to fill Little’s unexpired term, losing to Murray Smith. However, Holly defeated Murray Smith in the November 2020 election.

The municipal judge is among newly elected city officials scheduled to be sworn in at noon on Tuesday, Nov. 26, at City Hall, 136 S. Sycamore St.