2025 12 08 Work Session Packet

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Agenda Item 
IV. H.  Municipal Judge Application Process 
 
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 Athens 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 would 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 advises that because the Council is unlikely to complete the 
permanent appointment process within the statutory perio d, 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. Extending the appointment would reset the 
statutory clock and all ow the Council adequate time to complete the permanent appointment process. 
Council may also choose to appoint a different interim judge if they so desire. 
To fill the vacancy, it is recommended that the City Council open an application period 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. 
Proposed Schedule: 
• 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 (sample attached) 
• Jan. 12, 2026 – Work Session: Review and discuss applicants 
• Jan. 20, 2026 – Regular Session: Appoint a qualified applicant and administer oath of office 
 
Action to Consider 
Consensus is needed to move this item to the December 16, 2025 regular session for 
consideration. 
 
Affected Departments 
City Council 
 
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