Judge Who Required Indigents To Perform Public Service To Get Appointed Counsel Reprimanded

A public reprimand was imposed by the Tennessee Board of Judicial Conduct for misconduct described in The Tennesean as practices he will no longer engage in.

As part of the order, Holley agreed to the following items:

• To stop requiring defendants to perform public service work in order to be granted the right to have appointed counsel;

• He shall not as a requirement of probation or to obtain appointed counsel, allow defendants to make donations of items to certain charities specified by him;

• He shall not sentence defendants to jail time for contempt for failing to complete public service work previously ordered for the appointment of counsel;

• He shall not deny appointed counsel to individuals who have made bond, if they request appointed counsel, without regard for their personal financial means; or revoke the bonds of individuals who had made a bond solely because they requested appointed counsel;

• He shall not order cash only bonds in violation of established law;

• He shall not require the waiver of the constitutional right to counsel and a jury trial in order to grant a defendant’s request for a continuance;

• And he shall not refuse the request of defendants for appointed counsel without conducting an indigency hearing.

The judge has agreed to cease and desist these practices.

More on the controversy from WKRN Nashville. (Mike Frisch)