Shelby County judge grants temporary restraining order on edict to realign MSCS board elections

MEMPHIS, Tenn — A Shelby County judge issued a temporary restraining order halting a plan approved by the Shelby County Commission to realign Memphis-Shelby County Schools (MSCS) board elections with those of the Board of Commissioners.

The order, issued on Wednesday, Jan. 7, following a 90-minute hearing in Shelby County Chancery Court, paused changes affecting the elections for board districts 2, 3, 4, 5 and 7. The temporary restraining order prevents the Shelby County Election Commission from accepting or processing petitions for those seats until the next court hearing, which is scheduled for Jan. 26.

Attorney Allan Wade, who represents several current MSCS board members, told ABC24 that the ruling keeps everything still until the order can be discussed at the upcoming court date.

“The court orally granted a temporary restraining order preventing them from accepting and processing any new petitions for those five seats,” Wade said.

The board members affected include MSCS Board Chair Natalie McKinney, Sable Otey, Stephanie Love, Tamarques Porter and Towanna Murphy. Their terms were set to be cut short under the commission’s plan.

Wade told ABC24 that he filed a verified petition on Dec. 15, 2025, arguing that the county commission lacks the constitutional authority to vacate or alter elected school board seats, a power he said rests solely with the state legislature.

“The General Assembly has made it clear that they have not vacated those positions, and … you can’t have an election to fill a position that’s already properly occupied,” Wade said.

The legal dispute stems from a resolution passed by the Shelby County Commission in September 2025, requiring all MSCS board members to run for re-election in 2026. One county commissioner said that the move would force some members to seek re-election years earlier than originally expected.

On Wednesday, Commissioner Erika Sugarmon announced a proposed resolution that would exempt the five board members from having to run in the 2026 elections.

“We know we didn’t have the authority or the power to do this, so on Monday when the resolution comes before the commission, I hope that they support this resolution to exclude the five school board members from having to run for re-election in 2026,” Sugarmon said.

Sugarmon said the commission’s earlier action triggered the legal fight and emphasized that, as a funding body, the commission does not have authority over school board policy decisions.

“We are the funding agency; we cannot dictate to the school board what they should and should not do,” she said. “The school board has the wherewithal, they have the power and authority to change policies that are not working.”

Wade said that despite the temporary pause, his clients are prepared to continue the legal battle.

“I believe what they did was obviously political. We deal with the law,” he said. “I mean, I deal with politicians all the time, I represent the city council. I would think they should do the right thing and obviate all this.”

The temporary restraining order remains in effect until the Jan. 26 hearing, when a Shelby County Chancery Court judge is expected to determine the next steps in the case.