Getting your Trinity Audio player ready...

By Buzz Trexler

Star Correspondent

One month after winning reelection as Elizabethton Municipal Court judge, Jason Holly remains without a valid law license, has yet to be sworn in, and is unable to hold court.

“We’re trying to work with our city attorney and Nashville,” Mayor William E. “Bill” Carter said Thursday. “Our concern is certainly, you know, getting back to city business as far as conducting city court, things like that. That’s something that we’re working on trying to come up with, pending his being reinstated.”

As to how Municipal Court is now functioning, Carter referred questions to City Attorney Roger Day. “Honestly, I need an update on that,” the mayor said. The Star has made multiple attempts to contact the city attorney by phone and sent questions by email but has received no response.

Likewise, The Star has sent questions to Holly but has received no answers. Late Thursday night, Holly said in an email that a statement would be forthcoming Friday morning, but nothing had been received as of press time that afternoon.

It would seem Nashville has not fared any better.

Under Rule 9, 12.3(d), an attorney who is under temporary suspension “may for good cause request dissolution or amendment of any such order of temporary suspension by filing in the Nashville office of the Clerk of the Supreme Court and serving on Disciplinary Counsel a Petition for Dissolution or Amendment.”

Sandy Garrett, chief disciplinary counsel for the Supreme Court of Tennessee’s Board of Professional Responsibility, said in an email Thursday that “Holly still has not filed a petition to dissolve his temporary suspension.”

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 due to a failure to answer three misconduct complaints. The ballot was set, and Holly defeated Murray Smith, 3,030 votes to 1,876.

But despite his victory, Holly was not among those being sworn in on Nov. 26; in fact, he was not present. Furthermore, the city’s website has a “News Post” reporting on the event, but is silent when it comes to Holly.

Garrett has said Holly was not suspended for any alleged misconduct but simply because he failed to respond to the board. The Oct. 28 order of temporary suspension allowed him to continue representing existing clients for 30 days, but Holly could not take on new clients and had to cease representing existing clients by Nov. 27. After that date, the order said, “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.”

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.”

The charter provides for a removal of a judge under 6-33-104: “The city judge shall be subject to removal from office for the same causes and in the same manner as provided for the removal of public officers by title 8, chapter 47. In case of the absence or inability of the judge to serve, the city council may appoint and fix the compensation of an acting city judge who may be removed at any time without cause.”

As to when that would occur — or what to do when a candidate whose law license is temporarily suspended is elected to the judgeship — the charter appears to be silent. However, that’s not the case in the community, according to one city staff member:

“Everywhere I go, people are asking me about two things: the (Broad Street) bridge and Holly.”