By Ray King

The former Justice of the Peace in District 5 who chose not to seek another term in 2022 is suing the person currently serving in that position.

Jimmy Fisher said in a complaint filed in Jefferson County Circuit Court March 2 that Lloyd Franklin Jr., listed his address as 4100 S. Hazel St., on a certificate of eligibility and on a political practices pledge both signed Feb. 25, 2022.

Fisher said in the lawsuit that Franklin actually lives at 11 Elmwood Circle and lived there when he filed for the position. He also said the Elmwood Circle subdivision has a homeowners association and Franklin’s name appears on that list for both 2020 and 2022. He is listed as the owner of the house on Elmwood Circle.

The court filing includes copies of the political practices pledge and certificate of eligibility as well as a letter from County Judge Gerald Robinson to Prosecuting Attorney S. Kyle Hunter dated Nov. 29, 2022 that said MECA (Metropolitan Emergency Communications Association) dispatchers received an emergency call from 11 Elmwood Circle involving Franklin which indicated he did not live in the district he was elected to serve in.

Instead of seeking reelection, Fisher ran for Jefferson County Tax Collector and was defeated.

In the lawsuit, Fisher is asking a judge for an emergency hearing and a declaration that Franklin should be removed and the position declared vacant.

A special judge will be needed to hear the allegation since the judges in Jefferson County recused themselves from the case.

A message seeking comment from Franklin was not immediately returned.