Judge Rules In McNabb Case

After a little less than an hour, newly elected chancellor, Tom McFarland gave his ruling on the case of McNabb vs. Harrison.

Ms. McNabb who represented herself, and T Scott Jones representing the city and Judge Harrison were allowed to make their case on the issues. Both agreed that in no way could a city ordinance over rule the state constitution. The case came down on what the definition of "district or circuit" was at the time the constitution was written.

McNabb maintained that the time the constitution was written, "district or circuit" means city or county boundaries because at that time, there were no circuit or judicial districts. The constitution also requires that shall be elected by the voters of "district or circuit". If district means, the 9th judicial district, the constitution would be saying everyone in the 9th judicial district. 

Tennessee Constitution Article 6, section 4:

The Judges of the Circuit and Chancery Courts, and of other Inferior Courts, shall be elected by the qualified voters of the district or circuit to which they are to be assigned. Every judge of such courts shall be thirty years of age, and shall before his election, have been a resident of the state for five years, and of the circuit or district one year. His term of service shall be eight years.

Ultimately and without giving any specifics,  Judge McFarland stated, his finding was that Mr. Harrison met the qualifications to run for the judge's office. That was the end of the hearing.

It's unknown at this time if former judge McNabb will file an appeal to the case.

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9/13/22