Local attorney Tracy Cox has been selected as the next municipal and sessions judge for the town of Signal Mountain. She will be the first woman to hold the position.
Cox, a partner at Chattanooga law firm Markel, von Kessler & Cox, was chosen by the Town Council to serve out the remainder of the term of former Judge Mark Rothberger, who requested to retire from the position six years before his term was scheduled to end. Normally, judges are elected by residents every eight years, but according to a provision in the town charter, vacancies in the position are to be filled by the council until a successor is elected at the next town or general state election.
Rothberger has held the seat since 2006. Cox will hold the position until August 2018.
Council members ultimately favored Cox for the position because, of the eight candidates who applied, she was the only one with experience as a judge and because she was one of the only two who indicated they would not run for the four-year position next August.
The latter was a hotly debated deciding point among council members during the January agenda meeting and the February regular town hall meeting, where Cox was chosen in a 3-1 vote.
Some council members feared choosing a judge now would deprive residents of an open election with a multitude of qualified candidates when the time comes. Historically, Town Manager Boyd Veal explained, incumbent judges have had a significant advantage during election season, often because they have few to no challengers for the position.
“We [the council] should not be deciding a judge that has a decisive advantage,” said Councilwoman Amy Speek. “To me, that’s not our place.”
However, Councilman Dan Landrum, who voted against Cox’s appointment, said favoring the two candidates who said they would not run in the upcoming election was unfair to the other six.
“There’s nothing in our charter about making sure the next election is balanced. Our charter tells us to select a judge, and that’s what our job is,” said Landrum, who said he preferred making a choice based on overall candidate quality instead of limiting the selection pool. “I don’t like the term, even, that they have an ‘advantage.’ They’ve worked for something once the election comes.”
Though Cox has agreed not to run in 2018, the town cannot require her to keep her hat out of the ring during the upcoming election. The council is only asking that she won’t run.
Mayor Chris Howley expressed his appreciation for all who applied and stressed that all could run for the position during next year’s election.
“The quality of applicants that we have for this is phenomenal,” said Veal. “If we had that same list of people on a ballot, our citizens [would] have an opportunity that they haven’t had in many, many years.”
Robert Spalding deferred his vote.
Email Myron Madden at mmadden@timesfreepress.com.