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By Buzz Trexler
Star Correspondent

The Elizabethton City Council is scheduled to vote Thursday night on whether to declare the Municipal Court judge’s seat vacant due to Jason Holly’s inability to hold court for three months because of a suspension of his law license, according to the agenda.

The first item under “New Business” on the City Council agenda posted on the city’s Facebook page includes “Vacancy in the Office of City Judge.”

Title 6, Chapter 33, Paragraph 102(d) of the city charter states, “A vacancy shall exist if the city judge resigns, dies, or has been continuously disabled for a period of three (3) months so as to prevent the city judge from discharging the duties of office; and such vacancy shall be filled by a majority vote of the city council, the appointee to serve until the next regular city or county election, whichever is first held, at which election a duly qualified person shall be elected to fill the unexpired term of the office.”

The Supreme Court of Tennessee’s Board of Professional Responsibility suspended Holly’s law license temporarily on Oct. 28, 2024, due to his failure to answer three misconduct complaints. As of Tuesday night, the board’s website continued to list Holly’s status as suspended, and Holly has not held court since his suspension last fall.

On Dec. 12, the 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, which provides for the appointment of an acting city judge due to the absence or inability of the city judge to serve.

On Jan. 3, according to the state board, Holly filed a petition for reinstatement in which the attorney maintained he had complied with all conditions imposed by the court by providing the board with a response to outstanding disciplinary complaints.

However, the board on Jan. 6 issued a public censure of Holly for failing to formally respond to three complaints. A public censure is a rebuke and warning to the attorney.

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.” The board stated Holly is to refund a total of $5,500 in attorney’s fees within 60 days of the censure.

On Jan. 7, the board filed an answer to the petition for dissolution of the temporary suspension, acknowledging it had received Holly’s response to the disciplinary complaints and that it was deemed sufficient by disciplinary counsel. However, the board stated that Holly had not complied with all conditions imposed in the temporary suspension order, that the attorney’s reliance on a particular section of the disciplinary enforcement rule was “misplaced,” and requested that “the petition proceed as if filed” pursuant to the enforcement rule.

The order concludes that Holly’s petition seeking the dissolution of the Oct. 28 order of temporary suspension should proceed, and on Jan. 17 an order was issued saying it would begin with a hearing. Sandy Garrett, the board’s chief disciplinary counsel, told The Star on Jan. 27 that a hearing was in the process of being scheduled.

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.”

Holly was battling Teresa Murray Smith in a race to hold his seat in the Nov. 5 general election when, a little more than a week before Election Day, the state board filed notice that his law license was temporarily suspended. The ballot was set, and Holly defeated Murray Smith 3,030 votes to 1,876, but he was not sworn in with other elected candidates on Nov. 26; in fact, he was not present.