Municipal Judges Find "Workaround" For Residency Issue

  • Tuesday, March 18, 2025

Local municipal judges who live outside the boundaries of the city where they preside have found a "workaround" after a Tennessee Supreme Court ruling that put them in limbo.

The opinion says municipal judges have to live in their municipality.

Some city judges here do live within the confines of their towns - such as Gary Humble of Signal Mountain, Stevie Persinger of Lookout Mountain and Marty Lasley of Soddy Daisy, but others don't.

Those living outside the limits include East Ridge Judge Tracy Cox, Red Bank Judge Johnny Houston and longtime Collegedale Judge Kevin Wilson.

Initially, General Sessions Court judges were coming out to the municipalities to hear cases.

But this week the municipal judges are back on the bench and are declaring at the start of court that they live outside the city limits.

Those with cases in courts are being asked to sign waivers to allow the non-resident judge to sit.

Affected judges earlier had been conferring with their town attorneys and other legal authorities to see what happens next. 

The decision also initially was having an effect in General Sessions Court that often relies on the municipal judges to fill in as needed.

The case before the high court was brought by a municipal judge in Lenoir City, Robin McNabb, who was defeated by Gregory Harrison when she ran for re-election. She filed suit, saying the election winner did not live in the town. The high court ruled in her favor.

The ruling says, "For the foregoing reasons, we hold that the term “district” in Article VI, Section 4 refers to the geographical area where the court has territorial jurisdiction, or in other words, the area to which the judge is assigned. Therefore, we find that Article VI, Section 4 of the Tennessee Constitution requires a municipal judge to be a resident of that municipality for a period of one year prior to election. We reverse the judgment of the Court of Appeals and remand to Chancery Court for further proceedings consistent with this opinion. The costs of this appeal are taxed to the appellee, Gregory Harrison."

 

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