Judge in South Bend council district residency lawsuit of Sharon McBride recuses himself
A city resident, Brian S. Collier, had filed the lawsuit on Monday, May 27, against McBride, alleging she doesn't live in the 3rd District that she represents and didn't live there when she won re-election Nov. 7, 2023.
The lawsuit alleges that McBride, who served as council president from 2022 through 2024, instead lives in a residence in the city's 2nd District.
Magistrate Judge Andre B. Gammage filed the order of recusal Wednesday, saying in court documents he has "an affiliation with the Defendant in this case."
More: South Bend's McBride, council attorney respond to lawsuit over city district residency
"To avoid any appearance of impropriety, Magistrate Gammage believes that he should recuse himself for any participation in this matter," according to the court documents. The case has been returned to the presiding judge of the court, Judge Jon E. Broden, for further proceedings.
The lawsuit alleges that McBride "did not satisfy the residency requirement required by the Indiana Constitution, Indiana Law, and South Bend Municipal Code, which requires elected officials to reside in the district they are seeking election six months prior to the election (IC 3-8-1-27) and while they hold office (IN Code § 36-4-6-2)."
The lawsuit claims McBride must then resign her seat.
Email Tribune staff writer Greg Swiercz at gswiercz@sbtinfo.com.
This article originally appeared on South Bend Tribune: Judge assigned to McBride council residency lawsuit recuses himself
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