McNabb Declines Judgeship, City Attorney Appointed

‘Sincerity’ of Council questioned at March 12 meeting

Adam Delahoussaye news-herald.net

LENOIR CITY, Tenn. — Following a lengthy lawsuit that ended in a Tennessee Supreme Court decision ruling in her favor, City Council member Robin McNabb nevertheless declined a City Judge appointment on Wednesday, March 12.

She voiced her opinion on the decision — and its consequences — plainly at that meeting.

“I liked being a judge,” McNabb said. “I felt like I was getting good at it.

“I was trying to make a difference, and COVID happened and then everything tanked after that. … “Regardless of what happened then, it has colored my view of the sincerity of this Council, and that’s not something that goes away instantly.”

HER DECISION AND THE ORIGINS OF THE LAWSUIT

McNabb’s decision came just days after the first portion of the Lenoir City Council meeting — where an acknowledgement of McNabb’s case in the Tennessee Supreme Court and a recommendation for her reappointment were part of an amended meeting agenda that began last Monday, March 10. When McNabb stated that she needed time to think over her decision, Lenoir City Mayor Tony Aikens went into recess until Wednesday. (“McNabb Ruling Finalized, Her Decision Coming Wednesday,” The Loudon County News-Herald, March 12, 2025.)

The lawsuit originated in 2022, when McNabb lost the election for Lenoir City Municipal Court Judge to Gregory Harrison, in which McNabb fought the results at a number of court levels on the basis of Harrison’s residency being outside of the district over which he was elected to preside.

Article VI, Section 4 of the Tennessee Constitution states that judges of “inferior courts” are required to be “elected by the qualified voters of the district or circuit to which they are to be assigned” and to “have been a resident ... of the circuit or district one year.” Where the disagreement in definitions began was around the word “district,” in which McNabb argued the word to define city limits, and with Harrison saying that it pertained, in this instance, to the Ninth Judicial District, which has jurisdiction in Loudon, Meigs, Morgan and Roane counties.

After the Tennessee Supreme Court recently ruled in McNabb’s favor, the case made it back to Lenoir City Council — where Mayor Aikens recognized the Supreme Court’s decision and opened the floor to Council members for discussion on who should take over the seat.

Unanimously, they recommended McNabb be appointed.

Aikens stated in the March 10 meeting that McNabb’s court case and the decisions surrounding it would go on to affect 19 other city governments within the state of Tennessee.

During the first portion of the meeting on March 10, McNabb requested that the recess be taken until Wednesday, March 12, at 6 p.m. for her to make her final decision on retaining the city judge seat. She also suggested that should she not accept the position, the Council would begin the process of interviewing other candidates.

Derek Green, a judge out of Athens whom Aikens said was being courted for the position at the March 10 meeting, withdrew his name from consideration before the meeting reconvened on Wednesday. Council member McNabb posted this statement on Facebook, voicing her opinion on the process as well as the logistical caveats that came with her potential re-entry into the judgeship.

McNabb has now served as a City Council member for only a few months.

“Yes, it is true that the mayor and City Council have offered to appoint me as City Judge in light of the Tennessee Supreme Court’s ruling on Friday that Gregg Harrison (wasn’t) constitutionally qualified to serve as City judge because he is not a City resident.” McNabb said on Facebook. “However, they only intend for the position to be mine until the August 2026 judicial election (so I would have to run for judge again next year to finish out the remaining four years of the current term).

“And there would be no back pay for the year and a half when I was not permitted to be judge, nor compensation for legal fees/ expenses (though City Council voted, before I was on City Council, to pay Mr. Harrison’s legal fees).”

MCNABB: SALARY CUT FROM $75,000 TO $7,500

McNabb also spoke on worries she had surrounding the position itself, specifically in regards to her potential salary. In the March 10 meeting, she said that Council had previously lowered the judge’s salary from $75,000 to $7,500, in an attempt to dissuade her from pursuing the position. There were also worries about the transition and her relationship with other Council members, which she said was strained when she was up for election.

“I can assure you there will be no problems in this City Court,” said Lenoir City Attorney Walter Johnson. “The transition will be easy.

“I can assure you that there won’t be any problems in the Court … this has nothing to do with the politics of the thing and I’m not talking about that. I’m talking about the nuts and bolts, getting to the Court, the operation of the Court … it will be very smooth.”

Mayor Aikens also reassured McNabb that the judge’s salary would not be subject to change.

“If you put forth a good faith effort, which I know you will, then I do not foresee that salary being diminished in any way,” the mayor said.

According to a letter sent by McNabb to attorney Johnson that was obtained by The News-Herald, McNabb had some stipulations surrounding the judgeship. The main two were her receival of backpay as well as an assurance that she wouldn’t have to run for the position again in the next general election — August 2026. According to Lenoir City’s Charter, if there is a vacancy in the role then the newly appointed judge would act as interim and be subject to run again during the next election cycle.

Mayor Aikens said that they couldn’t guarantee her backpay, as she wasn’t a government employee during the time of the lawsuit … and that City Attorney Johnson had made it clear as to what defined her role as is stated in the City Charter. The mayor did say, however, that if the City received a judge’s order with those demands then the City would be inclined to meet her needs.

“Until then, we don’t have the authority to pay you,” Aikens said. “Because you (haven’t) worked for the last two and a half years in that position.”

The mayor also stated that the legality of her paycheck wasn’t in the hands of city officials.

“It’s not up to us to call the Comptroller,” Aikens said. “You’re the one that’s wanting the pay.”

Upon McNabb’s decline of the city judge position, Mayor Aikens recommended City Attorney Johnson to fill the position until the next general election 17 months from now.

Johnson will be paid and receive benefits that would have gone to Harrison should he have been allowed to finish his term. Johnson also requested to be reappointed as City Attorney once his tenure as judge has ended.

Johnson received five votes in favor of his appointment, with Council member McNabb abstaining.