The Fourth District Public Defender’s Office has asked Judge Gass to appoint a district attorney pro tempore, arguing that District Attorney Jimmy Dunn could not legally withdraw his previously announced retirement. The filing was a MOTION TO DISQUALIFY DISTRICT ATTORNEY’S OFFICE.
Public Defender Sydney Dalton Pack Lambert argued that Tennessee case law prevents the governor from accepting a withdrawal of a retirement after the governor has publicly acknowledged the retirement and begun the process of filling the resulting vacancy.
Assistant District Attorney Ron Newcomb countered that Tennessee contract case law distinguishes between a resignation and a retirement. He argued that Dunn’s retirement was set for August 31 and that Dunn withdrew his retirement before that effective date.
The competing arguments center on whether Dunn’s announced retirement became legally irrevocable after the governor acknowledged it and began considering a replacement, or whether Dunn remained free to rescind the retirement before its effective date.
Judge Gass took the matter under advisement. A written ruling is expected, although the specific date for the ruling should be confirmed from the court’s order before publication. Possibly by September 14th.
Meanwhile, the governor’s office has said that Dunn’s withdrawal means there is no current vacancy in the Fourth Judicial District attorney general’s office.