Robin M. McNabb v. Gregory Harrison (Election Contest on the Basis of Unmet Residency Requirement)

Style: Robin M. McNabb v. Gregory Harrison

TSC Docket Number: E2022-01577-SC-R11-CV

Link to Trial Court Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/McNabb%20v.%20Harrison%20COA%20Opinion%20%28electronic%20signature%29_0.pdf

Summary by Trial Court:

This case involves an election contest filed by the plaintiff based on the defendant’s residency eligibility for the office of Lenoir City Municipal Court Judge. Following a hearing, the trial court determined that the defendant had complied with article VI, section 4 of the Tennessee Constitution because the clause required, inter alia, that he be
a resident within the judicial district, not necessarily within the city limits, to preside over the municipal court, which has concurrent jurisdiction with a general sessions court. The plaintiff has appealed. Upon review, we determine that the language of article VI, section 4 of the Tennessee Constitution requiring a judge elected to an inferior court to have been a resident of the “district or circuit” to which he or she is assigned means, under these circumstances, that the Lenoir City Municipal Judge must have been a resident of Loudon County for at least one year prior to the judge’s election because the Lenoir City Municipal Court has concurrent jurisdiction with the Loudon County General Sessions Court. Accordingly, inasmuch as the defendant had been a resident of Loudon County for at least one year prior to the election, we affirm the trial court’s dismissal of the plaintiff’s election contest. However, we modify the trial court’s judgment to state that the defendant complied with the residency requirement at issue because he had been a resident of Loudon County for at least one year rather than because he had been a resident of the Ninth Judicial District for the prescribed time period.

Permission to Appeal Granted: April 11, 2024

Appellants’ Briefs Filed:

Appellees’ Briefs Filed:

Appellants’ Reply Brief Filed:

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date:

Link to Oral Argument Video:

Date of TSC Opinion:

Opinion of the TSC:

TSC Summary of the Opinion: