September 4, 2020
By: Dwayne Page
Local attorney Gayla Hendrix has been appointed by the Smithville Aldermen to succeed retiring Municipal Judge Hilton Conger. The term is for two years.
The appointment came during a meeting of the Mayor and Aldermen Friday evening at city hall. Aldermen Danny Washer, Jessica Higgins, and Shawn Jacobs voted in favor of Hendrix. Alderman Brandon Cox voted no. Alderman Jacobs could not attend but participated in the meeting via conference call.
Hendrix, an Aldermen herself at the time, had to abstain from voting on her own appointment. At the end of the meeting, Hendrix announced her resignation as Alderman. The only other candidate for the city judge position was local attorney Mingy Bryant-Ball. Both Hendrix and Ball had submitted resumes expressing an interest in the judgeship.
Retiring Smithville Municipal Judge Hilton Conger swears in his successor Gayla Hendrix from dwayne page on Vimeo.
After Mayor Josh Miller brought up the matter for discussion, Alderman Cox expressed concerns.
“We’re being asked, the sitting members of this board, to vote for or against a sitting member of the board for a position which that person may or may not be on the board anymore. Personally I don’t have anything against Ms Hendrix or Ms. Ball. I think both of them are great individuals and great attorneys and would do great in this position. I am really concerned about the appearance of fairness in this matter. The situation I just said out loud is not the hallmark of fairness. I understand we are working and proceeding under some advice on whether that is a conflict of interest or not. The response we got from that does not quell my concern about a conflict. I believe whether it be me or any other member of this board for a position like this that the most fair thing to do would be to resign before the vote or at the time of making the application. This has nothing to do with Ms. Hendrix. I respect her and I think she would do a great job and Ms Ball would do a great job. I just want to make sure my position is clear on what this is like. Personally its not a terribly comfortable position to be in when you are voting for or against a sitting member of this board,” said Alderman Cox.
After Cox’s comments, Alderman Washer moved that Hendrix be appointed City Judge. Alderman Higgins offered a second to the motion. During the roll call vote, Alderman Jacobs commented on his decision to vote for Hendrix.
“I just want everybody to know that I am personally and I think the board in general is taking this issue very seriously. It certainly is a very awkward position to be in. I feel both candidates are certainly qualified. I have known Gayla all my life. I graduated with her brother. I don’t know Mingy quite as well but her in-laws are as close to me as family almost. I am certainly very torn between these individuals and its extremely difficult for me to make a decision. This may be one of the two toughest decisions I have ever made as alderman so I want that to be clear. I also want it to be clear that this is a non partisan vote. It has nothing to do with Democrat or Republican and parties. Just as the city council is non partisan so is the city judge position. The one issue that bothers me and we have gotten a legal opinion on this from both MTAS (Municipal Technical Advisory Service) and our city attorney is that if we appointed Mrs. Ball that due to the fact that her stepson Lane Ball is a police officer she would have to recuse herself anytime he prosecuted a case before her. That is a major factor in my decision. It does not make my decision any easier. As a result of that legal opinion from both MTAS and our city attorney, I vote for Ms Hendrix,” said Alderman Jacobs.
In a previous interview with WJLE, Hendrix gave her background.
“I was born and raised in DeKalb County. I graduated from DCHS and went on to college at MTSU where I earned a Bachelor’s and a Master’s Degree in education. From there I went to Tennessee Tech University where I earned an Education Specialist degree. I later earned a degree from the Nashville School of Law. I am an attorney and formerly served as an educator in the DeKalb County School System. I also owned my own small business right off of the courthouse square for a couple of years,” she said.
Hendrix was first elected alderman in 2011. She served one term but returned to the Board of Aldermen in 2014.
Her vacancy on the Board of Aldermen will soon by filled by appointment of Mayor Miller.
Meanwhile, Mayor Miller presented Judge Conger a plaque for his 29 years of service to the city.
“It has certainly been an honor to serve in the capacity of city judge. I would like to thank the Boards of Mayor and Aldermen who have supported me. I served with four different mayors and several police chiefs and I couldn’t ask for better support from the police we have had. We are so blessed to live in a community where we don’t have to worry about things we see on TV happening here. I am thankful for the support we have had and I appreciate the opportunity,” said Judge Conger.