Back in September 2022, former Lenoir City judge, Robin McNabb, filed a constitutional lawsuit challenging city judge-elect, Greg Harrison's, right to hold the office. The suit claims that Harrison does not live in the city limits as required by the state constitution. McNabb first took her case to the chancery court where judge, Tom McFarland ruled against her. She then took her case to the state court of appeals where once again, that court ruled against her. Ultimately, she took her case to the state supreme court that ruled in Ms. McNabb's favor.

The court's ruling sets up a lot of questions now that Harrison has been ruled ineligible. Who will get the appointment to fill the seat? Contrary to what some have said, the court ruling will not put Ms. McNabb back in the judge office, that's not what the suit was about. The Lenoir City council will have to appoint someone to fill the position until the next general election which will be August 2026. Lenoir City mayor, Tony Aikens, has already said he will have a recommendation at tonight's, 3/10, council meeting but hasn't said who that might be. There has been speculation that he might recommend moving the city attorney, Walter Johnson, to the judge position and Harrison back to city attorney, keeping all his YES men in place. Some have suggested he might ask to have his wife, Lee Allison, appointed to the seat. To be clear, apparently, no one but Aikens knows for now. Everyone will find out Monday night. The current pay for the judge position is more than $80,000.00 per year.

There is another question. Back in September of last year, Aikens asked the council to let the city tax payers pay for Harrison's legal fees for the lawsuit, which was probably not even legal. Even though the lawsuit had nothing to do with the city. Total cost to the city tax payers, $45,700.00. Aikens said at the time, they would do the same for any city employee. So, does that mean the city will now pay Robin McNabb's legal fees? Will Harrison repay the city for his legal fees. If the council was so happy to pay the Harrison legal fees, they should be just as happy to pay McNabb's.

At that same meeting, Aikens asked the council if they wanted the city to sue Ms. McNabb to recoup the Harrison legal fees. The council members that spoke said they would rather wait and see how the supreme court ruled in the case. Well now they know.

Ms. McNabb, who now sits as a member of city council, deserves a lot of respect for sticking with her convictions and standing up for what's right. Aikens and others took every opportunity to malign and ridicule McNabb for her dogged determination to correct a political injustice brought by mayor Aikens and his loyal council. 

Below is the release from the court and a link to the full ruling.    

E2022-01577-SC-R11-CV
Authoring Judge: Justice Mary L. Wagner
Trial Court Judge: Chancellor Tom McFarland

This appeal addresses constitutional residency requirements for Tennessee municipal court judges. Article VI, Section 4 of the Tennessee Constitution requires inferior court judges to be “elected by the qualified voters of the district or circuit to which they are to be assigned [and] have been a resident . . . of the circuit or district one year” prior to election. Tenn. Const. art. VI, § 4.

The appellant, Robin McNabb, proceeding pro se, filed an election contest against the appellee, Gregory Harrison, contending that he was constitutionally ineligible to be elected as Lenoir City Municipal Judge. Ms. McNabb asserted that “district” in Article VI, Section 4 refers to Lenoir City, and that Mr. Harrison had not lived within city limits in the year preceding.

The trial court found that “district” as used in Article VI, Section 4 refers to the modern-day judicial district. Because Mr. Harrison resided in the Ninth Judicial District, the trial court found him to be eligible to serve as Lenoir City Municipal Judge. The Court of Appeals affirmed the trial court, but modified the trial court’s judgment, finding that Article VI, Section 4 required Mr. Harrison to be a resident of Loudon County, rather than the Ninth Judicial District. McNabb v. Harrison, No. E2022-01557-COA-R3-CV, 2023 WL 7019872, at *8 (Tenn. Ct. App. Oct. 25, 2023), perm. app. granted, (Tenn. Apr. 11, 2024). The Court of Appeals reasoned that because the Lenoir City Municipal Court has concurrent jurisdiction with the Loudon County General Sessions Court, “district” as used in Article VI, Section 4 means Loudon County.

Id. We respectfully disagree. We hold that Article VI, Section 4 requires a candidate running for a municipal judgeship to be a resident of the same municipality to which they will be assigned. Therefore, Article VI, Section 4 of the Tennessee Constitution required Mr. Harrison to reside in Lenoir City. Accordingly, we reverse the judgment of the Court of Appeals and remand to the Chancery Court for Loudon County.