On Wednesday, February 26, 2025, the South Bend Tribune reported that a new judge will be appointed to oversee the residency lawsuit involving South Bend Common Council member Sharon McBride. This decision follows a change of judge request granted by St. Joseph County Circuit Court Special Judge William L. Wilson.
The lawsuit, initiated by local resident Brian S. Collier, questions McBride’s residency status, alleging that she does not reside in the 3rd District, which she currently represents. Instead, the lawsuit claims that McBride lives in the 2nd District. The case has garnered significant attention as it raises issues concerning the residency requirements for elected officials, as stipulated by Indiana law and the state constitution.
Judge Wilson’s involvement in the case comes after St. Joseph County Circuit Court Magistrate Judge Andre Gammage recused himself on February 4, citing concerns over an affiliation with McBride’s legal representation. Wilson was appointed as the special judge following this recusal. His previous professional ties to the law firm representing McBride were also called into question; Wilson had worked at Anderson, Agostino & Keller, P.C., the firm where McBride’s attorney, Peter Agostino, is currently employed. However, Wilson indicated that his past affiliation did not necessitate his recusal because of his history of rulings against that firm since 2015.
In his ruling, Wilson treated Collier’s motion as a formal request for a change of judge, indicating that both parties must agree on a new special judge within a week. Should they fail to reach an agreement, the Circuit Court clerk will appoint a new judge. Wilson’s order also addressed a request from Collier to move the case to the Indiana Supreme Court, which he denied. He clarified that the Supreme Court is generally not the appropriate venue for cases that have not yet been adjudicated at the trial level.
The lawsuit asserts that McBride did not meet the residency requirements outlined in the Indiana Constitution, Indiana law, and South Bend Municipal Code, which mandates that elected officials must reside in their respective districts for at least six months prior to an election and throughout their term in office. Collier’s complaint further states that McBride should resign her position if found to be in violation of these residency laws.
On February 20, the Common Council’s Rules Committee dismissed a set of complaints against McBride that echoed similar allegations regarding her residency. Robert Palmer, legal counsel for the committee, noted that, according to Indiana code, an individual’s residence is defined as the place deemed their true home, which they intend to return to during periods of temporary absence.
Source: South Bend Tribune
