The Late Mayor Of Shelby County

The Mayor of Shelby County Tennessee sought recusal of the judge in his divorce case

On September 28, 2023, Mayor Harris filed a motion to recuse Chancellor Jenkins based on the appearance of impropriety arising from the Mayor’s authority over the Shelby County budget, which includes items regarding the Shelby County Chancery Court and Shelby County Chancery Court Clerk. On November 14, 2023, the trial court held a hearing on the motion to recuse and entered its written order denying the motion on November 27, 2023. In the order, the trial court held that Mayor Harris “waived the issue by failing to raise it in a timely manner.” The court found that Mayor Harris did not raise the concern of an appearance of impropriety until the September 28 filing of his motion to recuse, while “[a]ll of the facts relied on by [Mayor Harris] for his request that this court recuse itself were known to [Mayor Harris] at the time of the filing of his Complaint and at all times relevant hereto.” Mayor Harris appealed.

He had sought recusal after the proceedings had proceeded

Strategic or not, Mayor Harris’s delay in raising the issue is fatal to his cause. Mayor Harris knew of his budget duties at the time he filed for divorce. He states in his appellate petition that he has denied funding requests from the Shelby County chancellors in the past. If he felt the issue was or could be a problem, the time to raise it was at the beginning of the case– not six months later and not after a full evidentiary hearing on competing petitions for permanent parenting plans. Mayor Harris did not raise the issue promptly and therefore the issue is waived. The Rule 10B petition is denied.

The decision was issued by the Tennessee Court of Appeals. (Mike Frisch)