Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Municipal Judge Appointment topic
No spam. Unsubscribe anytime.
Lenoir City Council pauses to consider reinstating McNabb as municipal judge after Tennessee Supreme Court ruling
Summary
After a Tennessee Supreme Court decision finding certain election candidates ineligible, the Lenoir City Council discussed appointing Councilmember McNabb as municipal judge. Councilmembers voiced support but raised questions about back pay and legal-fee reimbursement; the council agreed to reconvene Wednesday at 6 p.m. for a final decision.
Mayor Tony Akins on Monday recommended that the city council appoint Ms. McNabb, a sitting city council member, to serve as Lenoir City municipal judge following a Tennessee Supreme Court decision on municipal judge eligibility.
The recommendation came after the court clarified that municipal judge candidates must live within city limits. Mayor Akins told the council he “would strongly recommend missus McNabb for the position. If she chooses to accept, of course, obviously, she would have to resign city council,” and said the council should consider granting her the rights and benefits currently afforded to the prior judge to ensure “a seamless transition.”
The issue matters because the court ruling removed the previously elected municipal judge from office for residency ineligibility, creating a vacancy the council must fill. Under the city charter, an appointed municipal judge serves until the next August general election, when a candidate must stand for election; the charter language cited in the meeting put the next scheduled judicial election in August 2026.
Ms. McNabb told the council she needed time to consult with her husband and to weigh legal and practical questions before accepting. She raised the issue of compensation and legal fees: “So part of my question considering this is, is there back pay? And since mister Harrison’s legal fees were paid by the city, even though this was a lawsuit between myself and mister Harrison, not city council, then does the city intend to reimburse me for my legal fees as well?”
City officials responded that any reimbursement would likely require further legal steps. The city attorney said the council lacks clear authority to make such payments without a court order or direction from the state comptroller, and advised that Ms. McNabb could seek a court determination or other formal authority to secure reimbursement.
Councilmembers expressed general support for appointing Ms. McNabb if she accepts. Several members—identified in the discussion as Miss Weltner, Mr. Kennedy, Mr. Shields, Mr. Simpson and others—said they would back the appointment. The city attorney and the city prosecutor also told McNabb that the court and courtroom operations should transition smoothly if she returned as judge.
Mayor Akins also identified an alternate candidate, Garrett Green, who he said lives in Harrison Woods and currently serves as a judge in Athens; the mayor asked the council to consider applications if Ms. McNabb decides not to accept the position.
Because Ms. McNabb requested time to consult with family and because the council wanted to give other potential candidates an opportunity to apply, Mayor Akins proposed, and the council members present agreed, to recess and reconvene Wednesday at 6 p.m. to consider the appointment and any other applicants. Ms. McNabb said she would provide an answer by Wednesday.
No formal appointment was made at the meeting. The council recorded direction to continue the matter at the recessed meeting and to accept additional applications or nominations before taking final action.
