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City attorney says Tennessee ruling may require city judge to live inside Collegedale; commission to wait for MTAS guidance
Summary
Collegedale's city attorney told commissioners a Tennessee Supreme Court interpretation supports requiring a city judge who exercises state jurisdiction to reside in the city; commissioners asked the attorney to consult MTAS and return with guidance before making an appointment.
The Collegedale City Commission spent substantial time on Feb. 2 discussing eligibility requirements for appointing a city judge after the city attorney flagged a state-court interpretation that may affect who can be appointed.
The city attorney (Sam) told the commission he believes a recent Tennessee Supreme Court interpretation, read alongside state statute, indicates a judge who will exercise state jurisdiction should be a city resident. "It's my strong belief based on that supreme court ruling and and this statute that whoever is appointed has to be a resident of Collegedale for a year," Sam said, urging the commission to await confirmation from the Municipal Technical Advisory Service (MTAS).
Commissioners discussed the practical implications: one applicant who otherwise meets qualifications is a reserve officer with the police department and other applicants have varying backgrounds. Sam noted constitutional qualification requirements differ from local preferences and said he will consult MTAS and provide the commission an answer by the next meeting.
No formal appointment was made; commissioners asked that the matter return for a decision once Sam reports back. The discussion also covered the limits of a city judge's jurisdiction and whether certain state-level misdemeanor or DUI cases can be heard by an appointed city judge under current law.
