Recent Tennessee Supreme Court ruling raises questions about the residency of municipal judges

RED BANK, Tenn. (WDEF)- A recent Tennessee Supreme Court ruling could have an effect on who hears your next case.

That started as an election dispute right outside of Knoxville has caused questions all over the state of Tennessee.

That includes in several smaller Hamilton County communities such as Red Bank, East Ridge, and Collegedale.

The question arises from the Tennessee Supreme Court case McNabb v. Harrison.

Lenoir City Judge Gregory Harrison had defeated incumbent judge Robin McNabb in their 2022 judicial election.

However, Harrison lives outside of Lenoir City’s city limits, but argued he was qualified to serve because he lives inside of Loudon County, where the town is located.

This led to McNabb suing Harrison, arguing he shouldn’t be allowed to be the town’s judge saying, “We are dealing with a city judge that’s elected by the voters.”

The Tennessee Supreme Court ruled unanimously in favor of her, ruling that judges have to live within the jurisdiction they serve.

In Chattanooga’s city charter, the city judge, who is current Sherry Paty, has to live within city limits.

However, most charters of local smaller communities including Red Bank, East Ridge, Collegedale, and Soddy-Daisy all say they just have to live within Hamilton County.

Red Bank city manager Martin Granum is standing behind Judge Johnny Houston’s eligibility to be the municipal judge for that town. 

Granum says that Judge Houston meets that requirement as he lives outside of Red Bank but inside the county.

Granum said, “He’s been elected and re-elected several times to this position. He’s served the community of Red Bank fabulously for several years now. The issue isn’t really the municipal courtship, it’s the fact that as a municipal court we have concurrent jurisdiction, which means we can hear state crimes in our municipal court. And that’s the issue that really sets us apart.”

Concurrent jurisdiction allows municipal courts like Red Bank to hear cases that would otherwise go to General Sessions Court in downtown Chattanooga.

Granum says that this role justifies the current eligibility requirements put forward in the charter.

He says that there are ongoing discussions between these towns on how to proceed forward with respect to this issue.

Granum said, “All of the city managers and city attorneys are speaking and we’re also speaking with the head judge of Hamilton County General Sessions Court and our District Attorney, Coty Wamp.”