McNabb vs. Harrison continues

New statute gives claim back to Harrison for City Judge position

Adam Delahoussaye news-herald.net

KINGSTON, Tenn. — A new statute signed into effect by Gov. Bill Lee on May 21, 2025, aims to put a hold on the turnover in judgeships across Tennessee, including and originating in Lenoir City.

It could give former city judge Greg Harrison the claim he needs to retake his former position.

Senate Bill 255 and House Bill 490 would temporarily reverse the State Supreme Court’s decision on McNabb v. Harrison back in March of 2025. It’s a local case that defined the boundaries of elected officials after Lenoir City Council member Robin McNabb filed a lawsuit stating that her opposition in the election for city judge, Greg Harrison, resided outside of the district lines.

The decision, struck down at multiple court levels before Tennessee’s Supreme Court ultimately ruled in McNabb’s favor,

saw over a dozen municipalities with judges living outside those newly drawn boundaries.

While McNabb was offered the role back after the decision, with a unanimous recommendation from Lenoir City Council, she ultimately turned it down (“McNabb Declines Judgeship, City Attorney Appointed” — The Loudon County News-Herald, March 19, 2025).

Currently, Walter Johnson presides over the judge’s seat in Lenoir City.

But that may not remain the case. The state’s newest bill would have the previous city judges affected by the ruling eligible for reinstatement, complete with back pay, through the end of their original term.

While she may not want the seat for herself, McNabb is still fighting these developments. In a letter sent to The News-Herald, McNabb stated that she believes the statute to be “unconstitutional.” She also argued that the court date scheduled for May 29 with Tom McFarland, Chancellor of Loudon County’s Chancery Court, didn’t provide ample time for preparation, stating that the notice required would have to push the hearing back to at least June 3.

The temporary reversal of McNabb and Harrison’s case was finally heard again on July 3, almost four years after the election that sparked the legal whirlwind still in effect today. While the recent legislation, and now the Chancery Court, assumes Harrison as that holder of the judgeship for the remainder of his term, McNabb wasn’t so easily convinced. Representing herself, her claim rested on the fact that this quick logistical fix was contrary to the Tennessee constitution.

Nevertheless, Judge McFarland was skeptical … Not of the claim itself, but more so that McNabb had failed to provide ample evidence of the state’s unconstitutionality or request intervention from the Attorney General’s Office. In a letter to The News-Herald when the statute first went into effect, McNabb did express a desire to pursue the case further should local courts rule in her opposition’s favor.

“If the Chancery Court allows Mr. Harrison to proceed with his claim related to the new statute, I will bring a claim to add the Attorney General as a defendant because I will argue against the constitutionality of the statute,” the letter reads. “Although the case has not proceeded that far yet, I send this in hopes of providing you with the earliest possible notice.”

Harrison stated that his main wish was to be recognized as the rightful winner of the judges seat and be officially reinstated as such. At the July 3 court hearing, Harrison addressed concerns of constitutionality by deflecting them, stating that if McNabb wanted to pursue a case against the states language and ruling, that he was “not that guy that she fights.”

There were also questions of Harrison’s current employment status with the city. While it was announced and appeared to be the case that Harrison had vacated the position when Lenoir City Council adhered to the ruling on March 29, there were no formal records or meeting minutes presented to suggest such.

According to Harrison, the City Council never officially accepted his resignation.

McNabb argued that what began as an election contest remains one, stating that nothing in this new statute presented by Harrison acknowledges his claim as valid or otherwise.

Ultimately, McFarland didn’t seem to sway too far from the ruling passed that would make it permissible for Harrison to return to his seat, regardless of the definition of his district. According to his interpretation, HB 490 acted as a response to the initial McNabb vs. Harrison case, rather than a rewrite of the ruling.

Debating the constitutionality of the ruling was deemed inappropriate for McFarland’s level of court, subsequently recognizing Greg Harrison as the de facto judge to preside over the seat he initially won in 2022. He urged Lenoir City Council to do the same.

In other municipalities affected by this case, some judges never even left the bench. Places like Red Bank and East Ridge kept their current judges on payroll despite the state’s decision.

For now, it remains unclear whether Harrison or McNabb will pursue this case further, as Harrison will most likely have to present himself before City Council in order to be considered for his former position. … The next Council meeting is currently scheduled for July 14.