Jimmy Dunn Ordered to Testify In Public Records Dispute
August 13, 2026, 2:49 p.m.
SEVIERVILLE, TN - Fourth Judicial District Attorney General James "Jimmy" Dunn is scheduled to testify August 17 in a Sevier County public records lawsuit after Circuit Court Judge D. Kelly Thomas questioned statements contained in a sworn affidavit Dunn submitted in place of live testimony during an earlier hearing.
The hearing is scheduled for 10:00 A.M. Monday, August 17, at the Rex Henry Ogle Courthouse, 127 Commerce Street, Sevierville, Tennessee. The hearing is open to the public.
The case, The Gatlinburg Free Press and Erik Cooper v. James Bruce Dunn et al., No. 2023-CV-563-III, has been pending since September 2023 and concerns public records associated with procedures formerly imposed upon citizen applicants seeking to present evidence and testimony of alleged criminal offenses to Sevier County grand jury panels under Tennessee Code Annotated § 40-12-104.
For nearly two decades, citizens seeking access to Sevier County grand jury panels were required to complete a written “Summary Form Application to Testify Before the Grand Jury” and were subjected to scheduling requirements beyond those contained in T.C.A. § 40-12-104. In July 2023, then-Circuit Court Judge Rex Henry Ogle ruled those requirements unlawful. The practices subsequently ended.
Dunn's Sworn Affidavit Becomes Focus of Hearing
Dunn did not testify at a July 15, 2025, show-cause hearing after a subpoena requiring his appearance was quashed. Instead, Dunn provided the court with an affidavit addressing the disputed records and his office's involvement with them.
Among other statements, Dunn denied creating or directing the creation of the documents and denied that the forms were distributed by or at the direction of his office. Dunn also stated that keeping copies of the application and scheduling forms was not a policy or procedure of his office in the normal course of business.
Petitioners dispute Dunn's statements in paragraphs 3 through 8 of Dunn’s affidavit and have sought an opportunity to question him under oath concerning his statements and matters they contend were omitted from the affidavit. During the July 9 hearing, Judge Thomas recognized that Petitioners were seeking to "call General Dunn and cross-examine him about this affidavit." Cooper confirmed that request and told the court that paragraphs 3 through 8 were disputed.
At another point, after counsel for the Respondents discussed the meaning of Dunn's affidavit, Cooper asked the court, "So when does Mr. Dunn get to testify?" "We'll get to that," Judge Thomas responded.
Dunn is now scheduled to appear and testify August 17. “After nearly three years of litigation, the public will finally have an opportunity to hear Mr. Dunn answer questions under oath about the statements contained in his affidavit,” Cooper said. “The public can attend the August 17 hearing and hear that testimony for themselves.”
Early Retirement Announced Following July 9 Hearing
The timing of Dunn's scheduled testimony comes as the longtime District Attorney prepares to leave office.
Dunn announced his early retirement the day after the July 9 court hearing. His retirement is scheduled to become effective August 31, four years before the expiration of Dunn’s eight-year term to which he was elected.
The chronology places Dunn's August 17 testimony among his final official acts before leaving the District Attorney General's Office.
Public Records Case Approaches Three Years
The public records lawsuit was filed in September 2023 and is approaching its third anniversary.
The Tennessee Public Records Act provides in Tennessee Code Annotated § 10-7-505(b) for courts receiving a public records petition to issue an order requiring the records custodian to appear and show cause why the requested records should not be made available, and directs that the hearing be held "immediately."
Nearly three years after the lawsuit was filed, however, the disputed records still have not been provided to Petitioners, and the show cause proceedings remain ongoing. Dunn's August 17 testimony is expected to address his affidavit and his office's involvement with records responsive to the public records request.
The Petitioners contend that the requested documents are public administrative records generated and distributed as part of the former process for citizens seeking access to grand jury panels. Petitioners seek the records, in part, to determine how many other citizens were subjected to the procedures before Judge Ogle’s 2023 ruling ended the practices. Respondents contend that the documents are protected grand jury materials and therefore exempt from disclosure under the Tennessee Public Records Act. During the July 9 hearing, counsel for Respondents characterized the central question as whether the documents are exempt from the Public Records Act because they qualify as protected grand jury documents.
Judge Thomas has not yet ruled on that ultimate question. During the July 9 hearing, Thomas stated that if additional examples were necessary for him to determine whether the records should be produced, he would recess the hearing and order a number of the records produced for the Court’s review.
August 17 Hearing
The continued show cause hearing is scheduled for Monday, August 17, 2026 at 10:00 A.M., Rex Henry Ogle Courthouse, 127 Commerce Street, Sevierville, Tennessee.
The hearing is open to the public.
Case: The Gatlinburg Free Press and Erik Cooper v. James Bruce Dunn, et al., Case No. 2023-CV-563-III.
Documents Available Here: https://tinyurl.com/kzms7usn
