A Shelby County Chancery Court hearing on the residency lawsuit filed by County Commissioner Henri Brooks against the commission was delayed Monday, June 30, before Chancellor Walter Evans.
Brooks’ challenge of the attempt by some on the commission to declare her seat vacant was assigned by Chancellor Kenny Armstrong, who was out of town Monday.
Evans said Armstrong could choose to recuse himself from hearing the case because of a conflict of interest. Chancellors are also elected officials.
If Armstrong opts not to hear the matter and Evans as well as Chancellor Arnold Goldin also recuse themselves, the matter could go to a Circuit Court judge. Those judges are also elected and could opt to recuse themselves.
In that case the chief justice of the Tennessee Supreme Court could appoint a civil court judge outside Shelby County to hear the matter.
Brooks is seeking a restraining order that bars the commission from voting Monday, July 7, on a resolution that would declare Brooks’ seat vacant because of a county attorney’s report that concluded Brooks does not live in the district she has represented for the last eight years.
Brooks contends she does live in the district but at a different address. She has two months left in her term of office.