On Tuesday, March 4, 2025, the South Bend Tribune reported that a special judge has been appointed to oversee the residency lawsuit involving South Bend Common Council member Sharon McBride. St. Joseph County Superior Court 6 Judge Jamie C. Woods will preside over the case, which was initiated by local resident Brian S. Collier. The lawsuit contends that McBride does not reside within the 3rd District, which she represents.
The legal proceedings began when Collier filed his lawsuit on January 27, 2025, asserting that McBride did not live in the district during her re-election on November 7, 2023. The complaint claims that McBride, who served as council president from 2022 to 2024, instead resides in a property located in the city’s 2nd District.
The selection of Judge Woods concludes a period of uncertainty, during which three previous judges recused themselves from the case due to past connections with McBride or her defense attorney, Peter J. Agostino. The order to appoint Woods was formalized on March 3, 2025, as a result of an agreement between Collier, who is representing himself, and Agostino, who represents McBride.
Initially, St. Joseph County Circuit Judge John Broden assigned the case to Magistrate Judge Andre Gammage on January 28, 2025. However, Gammage stepped down just a day later after disclosing his acquaintance with McBride. The case was subsequently returned to Judge Broden, who also recused himself on February 4, 2025, citing a long-standing relationship with McBride.
On February 6, the case was allocated to Special Judge William L. Wilson. However, Collier filed a motion for Wilson’s recusal on February 20, arguing that Wilson had previously worked at the law firm of Anderson, Agostino & Keller, P.C., where Agostino is currently employed. In his ruling on February 21, Wilson acknowledged his prior affiliation with the firm but stated that it did not necessitate his recusal. Nonetheless, he indicated that Collier’s motion would be treated as a request for a change of judge, prompting both parties to agree on a new judge.
In a related development, the Common Council’s Rules Committee dismissed several complaints against McBride on February 20, 2025, which echoed the claims made in Collier’s lawsuit regarding her residency. Robert Palmer, legal counsel for the committee, noted that Indiana state law defines a person’s residence as the location of their true home, where they intend to return, even if they are temporarily away.
Source: South Bend Tribune
