Stephen Hatchett, who won a three-way race for district attorney for the 10th Judicial District in March, is asking for a court ruling on whether he can go ahead and occupy the office.
Shari L. Tayloe, who was named to the post by Governor Bill Lee after DA Steve Crump left, says she won't budge until the Sept. 1 swear-in date.
Mr. Hatchett said he is entitled to take over the office as soon as the March 5 election is certified. There was no Democratic opposition in the August election.
The petition was filed Monday in McMinn County Chancery Court. The district includes Bradley, McMinn, Monroe and Polk counties.
Mr. Hatchett send a July 26 letter to Ms. Tayloe saying he intends to take the oath of office on Aug. 26.
Ms. Tayloe replied that she intends to work on a seamless transition "when my term ends on Aug. 31."
She stated, "I am not sure why there is confusion on when my term ends and when yours begins."
Ms. Tayloe suggested that they meet on Aug. 30 and she would provide an inventory of equipment and files and turn over the keys.
She said, "It is my hope that the citizens will have no gap in services from my administration to yours."
Mr. Hatchett said he understands that Mr. Crump, who is now executive director of the Tennessee Attorney General's Conference, "intends to hire Ms. Tayloe with a taxpayer-funded office in Hamilton County."
After the Crump resignation, Judge Sandra Donaghy named former 10th District DA Jerry Estes to serve on an interim basis. Before he could step in, Governor Bill Lee appointed Ms. Tayloe.
In the March election, Mr. Hatchett had 9,535 votes to 8,998 for Ms. Tayloe and 7,920 for Jeff Miller.