Affected judges are
conferring with their town attorneys and other legal
authorities to see what happens next.
The decision also is having
an effect in General Sessions Court that often relies on the
municipal judges to fill in as needed.
And the Sessions judges are
starting to have to go out to hear cases in the smaller
courts.
For the East Ridge Court
tonight (Tuesday), court officials said two General Sessions
judges were helping out since Judge Cox apparently could not
sit. General Sessions Court Judge Tori Smith was handling
custody and traffic cases and Judge Larry Ables taking care
of East Ridge criminal cases.
In Red Bank, City Manager
Martin Granum said it is not yet clear which judge will be
sitting for court next Monday in place of Judge Houston.
Mr. Granum said Judge Houston
could continue to hear the 1:30 p.m. docket of municipal
cases, including traffic and animal cases. However, Judge
Houston apparently would not be eligible to hear the 2 p.m.
docket of the more serious state cases that include
felonies.
"There are dozens of those
cases," Mr. Granum said.
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."