2026 1 12 Work Session PACKET

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Agenda Item 
IV. I.  City Judge Application Review 
 
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 a ppointment for interim City Judge 
Mitchell Bryant.  By e xtending 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.  
 
Action to Consider 
Consensus is needed to move this item to the January 20, 2026 regular session for consideration. 
 
Affected Departments 
City Council