2026 1 20 Regular Session PACKET 1

Unverified text extraction. Check the original page for numbers, names, and layout.

 
 
 
 
 
 
 
Agenda Item 
VIII. A  Appoint Mitchell Bryant to fill the position of Athens City Judge. 
 
Overview 
During the November 18, 2025  regular session , Ordinance 1147 was considered on second 
reading. The ordinance proposed amending Title 3, Municipal Court, Chapter I, Section 3 of the 
City Code to remove the requirement that the City Judge be a resident of McMinn County. 
Following the public hearing, Councilmember Sherlin moved to approve Ordinance 1147, with 
a second from Vice Mayor Curtis. The roll -call vote resulted in a tie, as a tie vote cannot carry 
a motion, the ordinance failed. Under Athens City Code §3-I CITY JUDGE (3-1)(3), this failure 
resulted in an immediate vacancy in the office of City Judge. Mitchell Bryant was appointed as 
judge pro tem (interim) during the November 18, 2025 regular session and took his oath of office 
on November 19th  so municipal court operations could continue without interruption.  
T.C.A. §16-18-312 governs the duration of an interim municipal judge appointment. While the 
statute technically applies, the City Attorney advise d that because the Council is unlikely to 
complete the permanent appointment process within the statutory period, Council should review 
the interim appointment of Judge Bryant at the upcoming meeting and determine whether they 
wish to extend the interim appointment for an additional thirty (30) days. During the December 
16, 2025 regular session, City Council voted to extend the appointment for interim City Judge 
Mitchell Bryant.  By extending the appointment , it reset the statutory clock and allow s the 
Council adequate time to complete the permanent appointment process.  
To fill the vacancy, City Council set an application schedule  to ensure all applicants meet the 
requirements of Athens City Code §3- I and applicable state laws, including residency in 
McMinn County and licensure to practice law in Tennessee. 
• Dec. 8, 2025 – Work Session: Discuss process to appoint Municipal Judge  
• Dec. 16, 2025 – Regular Session: Approve process for filling the vacancy 
• Dec. 17, 2025 – Jan. 7, 2026: Advertise vacancy; accept applications  
• Jan. 12, 2026 – Work Session: Review and discuss applicants 
• Jan. 20, 2026 – Regular Session: Appoint qualified applicant/administer oath of office 
Mitchell Bryant submitted the only application during the application period.  
Following discussion during the January 12, 2026 work session, the consensus was to place 
this item on the January 20, 2026 regular session consent agenda for approval.  
 
Action to Consider 
A motion, second, and majority vote are needed to approve Mitchell Bryant as City Judge.  
 
Affected Departments 
City Council 
5