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By Buzz Trexler

Star Correspondent

Jason Holly, who was re-elected as Elizabethton city judge in November despite a temporary suspension of his law license, has received a public censure by the Board of Professional Responsibility of the Tennessee Supreme Court after failing to respond to the disciplinary counsel regarding complaints.

According to a release from the board, Holly represented a client in a custody case, another in a breach-of-contract case, and another in a criminal case. In each of those cases, the board said, “Holly failed to take proper action on behalf of his clients, failed to communicate with his clients, and failed to make reasonable efforts to expedite litigation in each of his client’s cases.”

Furthermore, the board said, ““In all three cases, Holly failed to respond to requests for information from Disciplinary Counsel. Additionally, the Respondent did not refund fees to any of his three clients.”

A “public censure” is a rebuke and warning to the attorney. The board stated Holly is to refund a total of $5,500 in attorney’s fees within 60 days of censure, which was issued Monday. 

Holly was battling Teresa Murray Smith in a race to hold his seat in the Nov. 5 General Election when, on Oct. 27, the state board filed notice that his law license was temporarily suspended due to a failure to answer three disciplinary complaints. He was required to notify all clients by certified mail of the suspension within 10 days and deliver any papers or other property to which the clients are entitled. The board’s release said Holly “failed to comply with a court order and knowingly disobeyed his obligations under the rules of the tribunal by failing to obey the court order.”

On Dec. 12, Elizabethton City Council unanimously approved 1st Judicial District Criminal Court Judge Stacy L. Street as acting Elizabethton Municipal Court judge. Council members took the action in accordance with the City Charter because Holly was without a valid law license and unable to hold court. The charter provides for the appointment of an acting city judge due to the absence or inability of the city judge to serve.

According to state law, city judges must be licensed attorneys and are under the jurisdiction of the Board of Judicial Conduct. Likewise, the Elizabethton City Charter states, “The city judge shall be a person licensed to practice law in the state of Tennessee and shall be elected by popular vote at the same time as provided for election of the governing body of such corporation, and in the same manner as provided for election to the board of education.”