Judge who fired assistant before taking oath of office isn't immune from suit, court rules
Elected to the Tennessee bench last year, Knox County Circuit Court Judge Bill Ailor took the oath of office Sept. 1.
Meanwhile, on Aug. 26, he fired his longtime predecessor’s judicial assistant, the Knoxville News Sentinel reports.
But because he hadn’t yet officially taken the bench at that point, Ailor isn’t entitled to judicial immunity in the lawsuit filed by the ousted employee, Judith Moore-Pennoyer, a state court judge ruled last week. She is alleging wrongful termination and discriminatory treatment.
“The court finds that the Tennessee Constitution states that a judge must take an oath of office before entering into judicial duties,” Senior Judge Jon Kerry Blackwood wrote. “Therefore, Judge Ailor was not a state employee at the time that he discharged the plaintiff and thus did not enjoy any form of immunity.”
Blackwood said the case could proceed against Ailor individually.
Meanwhile, Moore-Pennoyer’s lawyer, David Dunaway, says the senior judge’s ruling should also mean that the state attorney general’s office will stop defending Ailor.
“The question that arises is the legality of the state of Tennessee providing a free defense to Ailor, who” at the time Dunaway’s client was fired “was no different from any other licensed attorney,” Dunaway told the News Sentinel. “The state for the last nine to 10 months has been providing him a free attorney.”
The Attorney General’s Office says it is still representing Ailor. The article doesn’t include any comment from Ailor himself.
