Judge lawsuit denied

Chancellor Tom McFarland ruled in favor of Lenoir City Judge Gregg Harrison in a lawsuit filed by former judge Robin McNabb.

The decision came during a 1 p.m. hearing Monday at Roane County Courthouse in Kingston.

Harrison defeated incumbent McNabb in the Aug. 4 election. McNabb filed a complaint Aug. 23 that argued Harrison couldn’t hold the office of city judge since he resides in Loudon County outside Lenoir City.

The lawsuit cited Article VI, Section 4 of the state constitution on laws for residency of a city judge, which describes that judges of circuit, chancery and inferior courts are to be elected by qualified voters of the district or circuit assigned. Judges are to have lived within the state for five years and reside within the circuit or district for one year.

McNabb maintained Harrison’s residency does not align with state law and makes him unqualified to hold the office.

She argued Monday that although Lenoir City qualifies as an inferior court, the voting population and jurisdiction of the judge should match residency.

Harrison was represented by Attorney T. Scott Jones, who claimed under the “plain” wording of the state constitution that Harrison resides in the 9th Judicial District and qualifies for the position of Lenoir City judge. Jones also pointed to a 2020 opinion by the Tennessee Attorney General.

McNabb said the 2020 opinion did not consider the context of when the constitution was written and how the wording does not consider municipalities with inferior court jurisdiction.

McFarland decided since Lenoir City Council did not define the meaning of district relating to the judge position, the court must use the interpretation provided in the state constitution. He ruled that Harrison lives in the district and meets residency requirements.

“Judge Harrison feels vindicated by the well-reasoned opinion of the newly elected Chancellor McFarland,” Jones said in a prepared statement. “Obviously, we had always contended that he was in complete compliance with Article VI, Section 4 of the Tennessee State Constitution, and that as a result Lenoir City judge, which has concurrent inferior court jurisdiction, has to comply with that section.

“... Hopefully now the citizens of Lenoir City and Loudon County can rest easy that their judge is legally vested with the power with which they entrusted him with their vote,” he added.

Harrison and McNabb declined to comment.