2025 12 16 Regular Session Packet

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Agenda Item 
VIII. G. & H.  G. Approve Municipal Court Judge Application Process as Presented During the  
     December 8, 2025 Work Session. 
H. Approve 30-D ay Extension for Interim Municipal Court Judge Mitchell   
Bryant. 
 
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 Municipal Court 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 Municipal Court Judge. Mitchell Bryant was 
appointed as judge pro tem (interim) during the November 18, 2025 regular session and took the 
oath of office on November 19, 2025
  so municipal court c ould continue to operate without 
interruption.  
T.C.A. §16-18-312 governs the duration of an interim municipal court 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 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. Extending the 
appointment would reset the statutory clock and allow the Council adequate time to complete 
the permanent appointment process. Council may also choose to appoint a different interim 
judge if they desire. 
To fill the vacancy, it was  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 Court 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 a qualified applicant / administer oath of office 
Following discussion during the December 8, 2025 work session, the consensus was to place 
this item on the December 16, 2025 regular session consent agenda for approval. 
 
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