On Thursday, January 30, 2025, the South Bend Tribune reported that a St. Joseph County Circuit Court magistrate judge recused himself from the case involving the residency of Common Council member Sharon McBride. The lawsuit was initiated by local resident Brian S. Collier on May 27, raising concerns about McBride’s eligibility to represent the 3rd District.
Collier’s lawsuit asserts that McBride does not reside in the district she represents and claims she was not living there during her re-election on November 7, 2023. Instead, the lawsuit alleges that McBride lives in the city’s 2nd District, which raises questions about her compliance with residency requirements.
Magistrate Judge Andre B. Gammage filed the recusal order on January 29, stating in court documents that he has a personal connection to the defendant, which prompted his decision to step aside to prevent any potential appearance of impropriety. The matter has now been referred back to the presiding judge, John E. Broden, for further proceedings.
The lawsuit contends that McBride has not met the residency criteria outlined in the Indiana Constitution, state law, and South Bend Municipal Code. According to these regulations, elected officials must reside within their district for at least six months prior to the election and while in office. The legal action further alleges that McBride’s failure to meet these requirements necessitates her resignation from the council.
Source: South Bend Tribune
